A. Allowed Uses. Uses within zones shall be regulated as set forth in Table 2-1: Uses Allowed by Zone, subject to subsections B through F of this section and additional regulations specified in the Specific Use Regulations column of Table 2-1. Land uses are defined in Chapter 17.156 (Land Use Definitions). In Table 2-1, symbols shall have these meanings:

Variations to allowed uses in Table 2-1: Uses Allowed by Zone may be permitted or required by Chapter 17.50: Specific Plan (SP) Overlay Zone, Chapter 17.52: Special Focus Area (S-F) Overlay Zone, and Chapter 17.60: Special Considerations (S) Overlay Zone.

B. Interpretation of Use Listing.

C. Primary and Accessory Uses. Listed uses are primary uses. Accessory uses are allowed only where a primary use is established, as defined in Section 17.158.046 (U Definitions). An accessory use may be allowed if it is listed as an allowed or conditionally allowed use in Table 2-1 for the applicable zone. Bars and taverns, live entertainment, or other uses or activities as identified in Article 4 of this title (Regulations for Specific Land Uses and Activities), are not considered accessory uses, unless specifically defined as accessory in Article 4 of this title (Regulations for Specific Land Uses and Activities) or Article 9 of this title (Definitions).

D. Airport Land Use Plan. Land uses within the Airport Land Use Plan (ALUP) boundaries shall be consistent with ALUP Table 4-5 (Airport Land Use Compatibility Table) as identified in the Amended and Restated San Luis Obispo County Regional Airport (SBP) Airport Land Use Plan. Properties within specific plan areas that are also within the boundaries of the ALUP Airport Influence Area (AIA), shall be reviewed for conformance with the standards of their respective specific plans, which have received a determination of consistency with the ALUP from the Airport Land Use Commission.

E. Specific Plan Consistency. See Section 17.02.080 (Relationship to Specific Plans).

F. Prohibited Uses. The following uses are prohibited in all zones:

A. General Application. The C/OS zone generally will be applied to areas which are most suitable for open space uses because of topography, geology, vegetation, soils, wildlife habitat, scenic prominence, agricultural value, or flood hazards. Land and water areas in the C/OS zone remain in a predominantly natural or undeveloped state generally free of structures.

C. Natural and Historic Resources. The C/OS zone provides for the protection and preservation of the community’s natural and historic resources, defines the urban boundary, and provides visual and physical relief from urban development. (Ord. 1650 § 3 (Exh. B), 2018)

A. General Development Standards. The general property development standards for the R-1 zone shall be as set forth in Table 2-4: R-1 Zone Development Standards. See also Section 16.18.030 (Lot Dimensions) for minimum lot dimensions.

B. Interior Side and Rear Setback Standards. The interior side and rear setback standards for the R-1 zone shall be as set forth in Table 2-5: R-1 Zone Minimum Interior Side and Rear Setbacks. See also Figure 2-2: R-1 Zone Minimum Interior Side and Rear Setbacks and Building Height.

A. Requirements and Findings for FAR Increase in R-1 Zone. These regulations are established to encourage development and additions that are compatible with neighborhood character in the R-1 zone. The maximum FAR may be increased from 0.4 to 0.5 if the building design incorporates one of the following:

B. High-Occupancy Residential Use. Reserved.*

A. General Development Standards. The general property development standards for the R-2 zone shall be as set forth in Table 2-6: R-2 Zone Development Standards. See also Section 16.18.030 (Lot Dimensions) for minimum lot dimensions.

B. Interior Side and Rear Setback Standards. The interior side and rear setback standards for the R-2 zone shall be as set forth in Table 2-7: R-2 Zone Minimum Interior Side and Rear Setbacks. See also Figure 2-4: R-2 Zone Minimum Interior Side and Rear Setbacks and Building Height.

A. High-Occupancy Residential Use. Reserved.*

A. General Development Standards. The general property development standards for the R-3 zone shall be as set forth in Table 2-8: R-3 Zone Development Standards. See also Section 16.18.030 (Lot Dimensions) for minimum lot dimensions.

B. Interior Side and Rear Setback Standards. The interior side and rear setback standards for the R-3 zone shall be as set forth in Table 2-9: R-3 Zone Minimum Interior Side and Rear Setbacks. See also Figure 2-5: R-3 Zone Minimum Interior Side and Rear Setbacks and Building Height.

A. General Development Standards. The general property development standards for the R-4 zone shall be as set forth in Table 2-10: R-4 Zone Development Standards. See also Section 16.18.030 (Lot Dimensions) for minimum lot dimensions.

B. Interior Side and Rear Setback Standards. The interior side and rear setback standards for the R-4 zone shall be as set forth in Table 2-11: R-4 Zone Minimum Interior Side and Rear Setbacks. See also Figure 2-6: R-4 Zone Minimum Interior Side and Rear Setbacks and Building Height.

A. General Development Standards. The general property development standards for the O zone shall be as set forth in Table 2-12: O Zone Development Standards. See also Section 16.18.030 (Lot Dimensions) for minimum lot dimensions.

B. Interior Side and Rear Setback Standards. The interior side and rear setback standards for the O zone shall be as set forth in Table 2-13: O Zone Minimum Interior Side and Rear Setbacks. See also Figure 2-7: O Zone Minimum Interior Side and Rear Setbacks and Building Height.

A. General Development Standards. The general property development standards for the C-N zone shall be as set forth in Table 2-14: C-N Zone Development Standards. See also Section 16.18.030 (Lot Dimensions) for minimum lot dimensions.

B. Interior Side and Rear Setback Standards. The interior side and rear setback standards for the C-N zone shall be as set forth in Table 2-15: C-N Zone Minimum Interior Side and Rear Setbacks. See also Figure 2-8: C-N Zone Minimum Interior Side and Rear Setbacks and Building Height.

A. Maximum Retail Sales Building Size in the C-N Zone. A retail sales use in the C-N zone shall not exceed a gross floor area of two thousand square feet for each establishment, or a combined floor area of fifteen thousand square feet for all retail sales establishments within a shopping center. Exceptions to the floor area limitations above require minor use permit approval to ensure consistency with policies of the General Plan Land Use Element and compatibility with surrounding uses.

B. Food and Beverage Sales in the C-N Zone.

C. Number of Parking Spaces Required in the C-N Zone. See Section 17.72.030(C) (Minimum Number of Spaces Required in the C-N Zone). (Ord. 1705 § 14, 2021; Ord. 1650 § 3 (Exh. B), 2018)

A. Maximum Retail Sales Building Size in the C-R Zone.

A. Maximum Retail Sales Building Size in the C-D Zone.

B. Limitations on New Driveways. Although residential uses are encouraged in the C-D zone, it is not the intent of the city to ensure that parking is provided on site for residential uses. Therefore, there is no guarantee of parking availability, either on site or off site, for downtown residential projects. On-site parking may be considered inappropriate at certain downtown locations where the pedestrian experience would be harmed by vehicle ingress and egress across the sidewalk. In order to maintain pedestrian orientation and the continuity of sidewalks within the C-D zone, the installation of new driveway approaches is subject to the director’s action. When new driveway approaches are proposed in conjunction with an application for review by the architectural review commission, a separate planning application shall not be required. In order to approve the new driveway approach, the review authority shall make at least one of the following findings:

C. Residential Required. All new commercial developments in the C-D zone shall include housing, unless the city makes one of the following findings:

D. C-D Zone—Required Findings for Ground Floor Offices. These regulations recognize the city’s objective to encourage a pedestrian-oriented and lively street front along all properties in the C-D zone, and that office uses on the ground floor do not contribute to achieving this objective, given that office uses typically have more limited hours of operation than retail or dining establishments. Thus, no ground floor office use in the C-D zone shall be permitted unless the review authority can make the following findings:

E. Maximum Building Height in the C-D Zone.

F. C-D Zone Visual Study—Buildings Higher than Thirty Feet.

G. Number of Parking Spaces Required in the C-D Zone. See Section 17.72.030(D) (Minimum Number of Spaces Required in Downtown Core). (Ord. 1705 § 15, 2021; Ord. 1657 § 8, 2019; Ord. 1650 § 3 (Exh. B), 2018)

A. Maximum Retail Sales Building Size in the C-T Zone. No retail sales establishment (commercial building) shall exceed forty-five thousand square feet of total gross floor area, unless excepted for nonconforming structures by Chapter 17.92 (Nonconforming Structures). (Ord. 1650 § 3 (Exh. B), 2018)

A. Maximum Retail Building Size in the C-S Zone. No retail establishment (commercial building) shall exceed sixty thousand square feet of gross floor area, unless excepted for nonconforming structures per Chapter 17.92 (Nonconforming Structures).

B. Offices in the C-S Zone. The approval of an office facility in the C-S zone shall require that the review authority find that:

C. Medical Services in the C-S Zone. The approval of a medical office, dental office, or clinic in the C-S zone shall require that the review authority find that:

D. Commercial Recreational in the C-S Zone. The approval of a commercial recreational facility in the C-S zone shall require that the review authority to find that:

A. Offices in the M Zone. The approval of an office facility in the M zone shall require that the review authority find that:

B. Performance Standards. See also Chapter 17.74: Performance Standards. (Ord. 1650 § 3 (Exh. B), 2018)

A. Medical Services in the BP Zone. The approval of a medical office, dental office, or clinic in the BP zone shall require that the review authority find that:

A. Maximum Building Height in PF Zone. These regulations are established to allow for city buildings higher than thirty-five feet in the PF zone to encourage creative building design and meet critical community needs; provided, that such taller buildings, through discretionary review processes, contribute defined community benefits and can be found to be compatible with adjacent buildings and the surrounding environment as a whole.

B. Findings and Requirements to Approve Building Height Increase. The approval of a building height above thirty-five feet shall require approval of major development review (see Chapter 17.106: Development Review). In addition to the criteria associated with major development review (Section 17.106.050: Application Review), the approval of a building height above thirty-five feet shall require that the review authority also find: The public benefits associated with the project significantly outweigh any detrimental impacts from the additional height. In weighing potential public benefits, the planning commission shall consider objectives related to common parking facilities, economic vitality, historic preservation, and open space preservation to be especially important. (Ord. 1650 § 3 (Exh. B), 2018)

A. Purpose. The PD overlay zone is intended to provide for flexibility in the application of zoning standards for proposed development. The purpose is to allow consideration of innovation in site planning and other aspects of project design—and more effective design responses to site features, land uses on adjoining properties, and environmental impacts—than the development standards of the underlying zone would produce without adjustment. The city expects each planned development project to be of significantly higher design quality, including more effective and attractive pedestrian orientation, environmental sensitivity, affordable housing, and the more efficient use of resources, than would be achieved through conventional design practices and standards. Planned development (PD) zoning shall be approved only in conjunction with derived long-term community benefits and where the project can help achieve the vision, goals, and policies of the general plan.

B. Application. The requirements of this chapter shall apply to all projects within the PD overlay zone. (Ord. 1650 § 3 (Exh. B), 2018)

A. Minimum Lot Area Required. The minimum lot area of a PD overlay zone shall be one-half of a contiguous acre.

B. General Plan Compliance. The preparation, review, and approval of a PD overlay zone shall require strict compliance with the general plan and any applicable specific plan.

C. Relationship of PD Overlay Zone to Underlying Zone.

D. Deviation from Development Standards. The application of the PD overlay zone to property may include the adjustment or modification, where necessary and justifiable, of any applicable development standard of this title (e.g., building height, floor area ratio, parcel size, parking, setbacks, etc.) or of the city’s subdivision regulations. The maximum density as allowed by cross-slope percent may be adjusted but shall not exceed the maximum density allowed in the average cross-slope category zero through fifteen percent for the applicable zone.

E. Qualifying Community Benefits. Each proposed project shall comply with Section 17.48.060 (Mandatory Project Features). (Ord. 1650 § 3 (Exh. B), 2018)

A. Timing of Rezoning. Application of the PD overlay zone shall occur simultaneously with the approval of a specific project through the planned development process as set forth in Section 17.48.070 (Process for Approval).

B. Phasing. If the construction of the planned development is to occur in phases, the open space and common facilities shall be developed and made available in proportion to the number of dwelling units or nonresidential floor area occupied during any given stage. At no time during construction of the project shall the density of developed land exceed the overall density established in the final development plan. (Ord. 1650 § 3 (Exh. B), 2018)

A. A legal description of the total site involved;

B. A statement of the objectives to be achieved by the planned development through the particular approach to be used by the applicant;

C. A schedule indicating the approximate dates when construction of the development or stages of the development are to be started and completed;

D. A quantified description of the total number and type of dwelling units, parcel sizes, coverage, modified and natural open space, grading, residential densities, and areas devoted to nonresidential uses;

E. Identification of portions of the development which would otherwise require a variance, and reason for the deviation from normal standards;

F. A site plan and supporting maps, drawn to a suitable scale and clearly labeled, showing if applicable:

G. Information on land area adjacent to the proposed development, indicating important relationships between the proposal and surrounding land uses, circulation systems, public facilities and natural features; and

H. Any additional information which may be required by the director to evaluate the character and impact of the planned development. (Ord. 1650 § 3 (Exh. B), 2018)

A. A minimum of twenty-five percent of the residential units within the project are affordable to households of very low-, low-, or moderate-income households. (See Chapter 17.140: Affordable Housing Incentives for incentives provided for affordable housing development, including density bonuses and possible fee waivers.)

B. The project will achieve greater energy efficiency than standard developments through the incorporation of green building techniques, scoring at least a Silver rating on the LEED or other equivalent rating system, or achieving zero-net energy use.

C. The project will preserve, enhance, and/or create a significant natural feature with a minimum open space area of one-quarter acre.

D. The project will provide a substantial public amenity, for example, a significant public plaza, a public park, or a similar improved open space feature, including provisions for guaranteed long-term maintenance not at the expense of the city. (Ord. 1650 § 3 (Exh. B), 2018)

A. Planning Commission Recommendation. After giving notice as provided in Chapter 17.122 (Public Notices and Hearings), the planning commission shall hold a public hearing on the application. The planning commission may recommend approval, approval subject to certain modifications, or denial of the application. The decision of the planning commission shall be in the form of a recommendation to the council and shall be rendered in writing, stating all modifications or conditions to be reflected in the final development plan.

B. Actions of the Council. After giving notice as provided in Chapter 17.122 (Public Notices and Hearings), the council shall hold a public hearing on the application and the recommendations of the planning commission. The council may approve, approve subject to certain modifications, or deny the proposal. The decision of the council shall be rendered in writing, stating all modifications or conditions to be reflected in the final development plan. If it approves or conditionally approves the preliminary development plan, the council shall approve the rezoning and the official zone map shall be amended to indicate approval of the planned development.

C. Decision and Findings. Following a public hearing, the planning commission may recommend, and the council may approve or disapprove a rezoning to apply the PD overlay zone in compliance with this section. The council may approve a rezoning to apply the PD overlay zone only after first making all of the following findings:

A. Within two years of approval or conditional approval of the development plan, the applicant shall file with the community development department a final development plan. At his/her discretion and for good cause, the director may extend the time for filing the final development plan for a period or periods not exceeding a total of three years.

B. The final development plan shall include those items from Section 17.48.050 (Preliminary Development Plan Required) which describe the proposal, including division of land, type and location of all buildings and improvements, and so on, but it need not include information on existing conditions.

C. The director shall review and take action on the final development plan within thirty days of filing. He/she shall approve it upon finding that it is in substantial compliance with the preliminary development plan as approved or modified by the council. Upon approval of the final development plan, the director shall add the number of the planned development to the official zone map (for example, PD [9999]). Subsequently, all grading, construction, and landscaping shall comply with the approved final development plan.

D. The final development plan may consist of final subdivision maps, building construction plans, grading plans, and so on that would normally be submitted in the course of development, and need not be a separate submittal. The director shall determine the extent to which any additional documentation of development plans is required.

E. No land division may be undertaken, and no construction begun within an area zoned PD until a final development plan has been approved. (Ord. 1650 § 3 (Exh. B), 2018)

A. Minor differences in substantial conformance between the approved development plan and construction plans may be allowed by the director, as authorized and defined in Section 17.102.020(D) (Legislative Actions) and Chapter 17.108 (Director’s Action).

B. Written requests for amendments to a final development plan may be approved by the planning commission after a public hearing, notice of which has been given as provided in Chapter 17.122 (Public Notices and Hearings). Amendments shall be limited to changes in the size and position of buildings; the number, area or configuration of lots; landscape treatment; phasing, and the like.

C. Amendments may not include changes in proposed use, overall density, or overall configuration of the land uses and circulation features. Changes to these aspects may be accomplished only by reapplication and submittal of a new preliminary development plan.

D. Amendments to large office PD ordinances approved by the council prior to June 2003 may be approved under subsection B of this section to allow changes in proposed use, provided those uses are determined by the planning commission to be consistent with the general plan.

E. These procedures apply whether or not all or part of the development has been built. (Ord. 1650 § 3 (Exh. B), 2018)

A. Allowed Uses.

B. General Development Standards. Density, FAR, height, setbacks, lot coverage, parking, and any other listed development standards shall be as provided in the applicable specific plan. If the specific plan does not contain explicit provisions on these items, they shall be provided as required for the underlying zone. (Ord. 1650 § 3 (Exh. B), 2018)

A. General. All uses within the special planning areas shall adhere to the requirements of the underlying zone and the provisions for each of the respective special planning areas, as described in Chapter 8 of the Land Use Element.

B. Land Use Element Policies for Specific Uses. New uses that the director determines are consistent with and expressly allowed by the Land Use Element for a special focus area shall be considered allowed uses and not require a Use Permit in the applicable S-F overlay zone area. (Ord. 1650 § 3 (Exh. B), 2018)

A. Development Objectives. All development within any S-F overlay zone shall adhere to the requirements of the underlying zone and the provisions for each respective special focus planning area, as described in Chapter 8 of the Land Use Element. In addition, development objectives within each S-F overlay zone shall be interpreted by the review authority to achieve the development objectives of the applicable special focus area. Where provisions of the underlying zone and Land Use Element Chapter 8 conflict, Land Use Element policies shall take precedence.

B. Adopted Area Plan. Where an adopted area plan applies to an area with an S-F overlay zone, all projects shall comply with the provisions and regulations of the area plan.

C. Conflicts. Development features explicitly contained in an applicable area plan or Land Use Element policy for a particular S-F overlay, such as landscaping, building siting and form, and circulation, shall be as provided in the applicable area plan or Land Use Element policy. Where the area plan or Land Use Element is silent with regard to particular development standards, the provisions of the underlying zone shall govern. (Ord. 1650 § 3 (Exh. B), 2018)

A. Purpose. The downtown (D) overlay zone is intended to implement the vision of downtown and the community’s urban center as articulated in the General Plan Land Use Element, which serves as the cultural, social, entertainment, and political center of the city for its residents, as well as home to those who live in its historic neighborhoods.

A. Consistent with Underlying Zoning. Where an application is consistent with the use and development standards of the underlying zone, no additional process or procedure beyond that which is generally required for the application shall apply.

B. Apply C-D Zoning Standards. Within the D overlay zone, an applicant may request to apply C-D zoning regulations for the subject property. In granting a request to apply C-D zoning regulations within the D overlay zone, major development review approval shall be required (see Chapter 17.106: Development Review). (Ord. 1650 § 3 (Exh. B), 2018)

A. That the project conforms with the purpose, intent, and provisions of the downtown core as stated in the Land Use Element of the General Plan; and

B. That the project conforms to the C-D zone development standards and consistent with applicable standards identified in the downtown design chapter of the community design guidelines; and

C. That the project furthers the vision, principles, and goals of the Downtown Concept Plan; and

D. That the project’s location, size, height, operations, and other significant features will be compatible with and will not adversely affect or further degrade adjacent properties, the surrounding neighborhood, or the public health, welfare, and safety; and

E. That the project provides for an arrangement of uses, buildings, structures, open spaces and other improvements that are compatible with the scale and character of the adjacent properties and surrounding neighborhood. (Ord. 1650 § 3 (Exh. B), 2018)

A. Purpose. The H overlay zone is established to identify parcels, areas, or structures that are architecturally or historically important, and may be eligible for benefits offered through the city’s historical preservation program.

B. Application. The H overlay zone may be applied to areas with any of the following characteristics:

B. Application.

A. Ordinance Contents. An ordinance adopting an MU overlay zone shall specify the following items and may include any other standard that would further the purpose and intent of this chapter:

B. Application.

A. Where Adopting Ordinance Identifies Use. Where an S overlay adopting ordinance identifies a particular land use of concern and directs approval of a minor use permit for such particular use, upon change or establishment of such use, a minor use permit shall be required for that use.

B. Where Adopting Ordinance Is Silent on Use. Where the S overlay zone adopting ordinance is silent with regard to uses of concern, any allowed or conditionally allowed use in the underlying zone may be established. (Ord. 1650 § 3 (Exh. B), 2018)

A. Development Review. Unless otherwise specified in the S overlay adopting ordinance, all new construction projects and additions to existing buildings shall be subject to minor development review approval (see Chapter 17.106: Development Review).

B. Conditions and Standards. In order to fulfill the intent of these regulations, in approving a project within the S overlay zone, the review authority may establish conditions relating to improvements, building location, access, etc., which are more restrictive than provided in the underlying zone. (Ord. 1650 § 3 (Exh. B), 2018)

A. Primary Finding Required for All Projects. In addition to the findings and criteria associated with a minor use permit or minor development review, as applicable, the review authority shall also find that the project is compliant with the adopting ordinance applicable to the relevant S overlay.

B. Project-Specific Findings. In addition to the finding required in subsection A (Primary Finding Required for All Projects) of this section, the review authority shall also make the related applicable findings listed in this section. Not all findings listed in this section shall apply for each overlay. In determining which findings from this list shall apply, the director shall consider the language in the S overlay adopting ordinance, applicable plan, and General Plan Land Use Element policies.