Chapter 17.70 — SITE DEVELOPMENT AND GENERAL DEVELOPMENT STANDARDS

A. Purpose.

1. Regulations on accessory structures are established to provide a distinction between nonhabitable accessory structures (e.g., garage, storage shed, shop building) and accessory living spaces (e.g., secondary dwelling units, guest quarters, office, pool house, etc.). These regulations establish standards which prevent the conversion of accessory structures into unpermitted living space to ensure that such structures are not used as separate dwelling units.

2. Unpermitted conversion of accessory structures is detrimental to the public health, safety, and welfare of the community.

B. Applicability.

• A. Application. This Chapter Section shall apply to:

• a. New Structures. All new structures, as defined in the Building Code, located on the same site as the primary structure or use to which it is accessory, including, but not limited to, garages, carports, portecocheres, sheds, workshops, gazebos, greenhouses, cabanas, trellises, play structures, aviaries, covered patios, etc.

• b. Decks and Patios. Decks and patios that are 30 inches above the ground elevation, excluding aboveground pools.

• B. Exclusion. This Chapter Section shall not apply to legally established dwellings, accessory dwelling units as defined in Section 17. XX.XXX 156.004 (A Definitions), and guest quarters as defined in Section 17. XX.XXX 158.018 (G Definitions). Accessory structures that include habitable space, as defined by the California Building Code, shall be regulated by Section 17. XX.XXX8 6.02 0: (Accessory Dwelling Units and Guest Quarters).

C. Development Standards.

1. The General Development Standards. Accessory structures shall conform to all applicable Zoning Regulations such as height, yards, parking, building coverage, etc.

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2. Incidental Use . The use of an accessory structure is incidental, and subordinate to the use of the principle structure, or to the principle land use of the site.

3. Form. Accessory structures may consist of detached structures or additions to primary structures.

4. No Bathing Facilities. No bathing facilities (e.g., shower, bathtub) may be installed. Plans submitted for a building permit may not include spaces within a bathroom designed for the later addition of bathing facilities.

5. Limit on Total Number in Residential Zones. In residential zones, no more than three accessory structures shall be permitted per lot, only one of which may include a habitable accessory structure such as an accessory dwelling unit or guest quarters.

D. 17.70.020 – Process Requirements.

• A. 1. Building Permit. Development of an accessory structure shall require approval of a building permit from the City’s Building Division.

• 2B . Design Review. Plans submitted for a building permit shall be reviewed for consistency with the City’s Community Design Guidelines and general development requirements of the Zoning Regulations.

3. C. Owners Agreement with the City. Prior to the issuance of construction permits, a covenant agreement shall be recorded that discloses the structure’s approved floor plan and status as an “accessory structure” which cannot contain living space, including bathing facilities or a kitchen. This agreement shall be recorded in the office of the County Recorder to provide constructive notice to all future owners of the property. The covenant agreement also may contain authorization for annual inspections, and to allow the City upon reasonable time and notice to inspect the premises for compliance with the agreement and to verify continued compliance with requirements of this Chapter Section and Health and Safety Codes.

1 7.17. 70.030 – Creek Setbacks

• A. Purpose. Creek setbacks are intended to:

  1. Protect scenic resources, water quality, and natural creekside habitat, including opportunities for wildlife habitation, rest, and movement;

  2. Further the restoration of damaged or degraded habitat, especially where a continuous riparian habitat corridor can be established;

  3. Allow for natural changes that may occur within the creek corridor;

  4. Help avoid damage to development from erosion and flooding; and

  5. Enable implementation of adopted City plans.

• B. A. Waterways Subject to Setbacks. Creek setback requirements shall apply to all creeks as defined in the General Plan Open Space Element and shown on that element’s creek map, and only to those creeks.

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• C. B. Measurement of Creek Setbacks. Creek setbacks shall be measured from the existing top of bank (or the future top of bank resulting from a creek alteration reflected in a plan approved by the City), or from the edge of the predominant pattern of riparian vegetation, whichever is farther from the creek flow line (Figure 5 3-1: Creek Setbacks). Top of bank determination shall be consistent with California Department of Fish and Wildlife where State or Federal jurisdictional areas apply. The Director or Natural Resources Manager may determine the predominant pattern of riparian vegetation, where the edge of the vegetation varies greatly in a short length along the creek, in a way unrelated to topography (e.g., the Director will not base the setback line on individual trees or branches extending out from the channel or on small gaps in vegetation extending toward the channel). Where riparian vegetation extends over a public street, no creek setback is required on property which is on the side of the street away from the creek.

• D. Plan Information. The location of top of bank and of riparian vegetation shall be shown on all project plans subject to City approval. The location of these features is subject to confirmation by the Director, based on observation of actual conditions and, as needed, the conclusions of persons with expertise in hydrology, biology, or geology.

• E. Creek Setback Dimensions. Different setback dimensions are established in recognition of different lot sizes and locations of existing structures for areas within the City in comparison with areas that may be annexed, and in response to different sizes of the creek channels and tributary drainage areas.

  1. Creeks within the 1996 City Limits. Along all creeks within the City limits as of July 1, 1996, the setback shall be 20 feet, except as provided in subsections E. C 3, and E. D 4, and G of this Sectio n and 17.xx.xxx (Exceptions to Creek Setbacks). Where the City limit follows a creek, the setback on the side within the 1996 City limits shall be 20 feet, and the setback on the annexed side shall be as provided in subsection E. 2B of this Section.

mits as of July 1, 1996, the setback shall be 20 feet, except as provided in subsections E. C 3, and E. D 4, and G of this Sectio n and 17.xx.xxx (Exceptions to Creek Setbacks). Where the City limit follows a creek, the setback on the side within the 1996 City limits shall be 20 feet, and the setback on the annexed side shall be as provided in subsection E. 2B of this Section.

2. Creeks in Areas Annexed After 1996. Along any creek in an area annexed to the City after July 1, 1996, the following setbacks shall be provided, unless a specific plan or development plan approved by the Council provides a larger or smaller setback, consistent with the purpose of these Zoning Regulations and with General Plan policies:

  - **a. 50-Foot Setbacks.** The setback along the following shall be 50 feet: San Luis Obispo Creek (all of main branch); San Luis Obispo Creek East Fork, from San Luis Obispo Creek (main branch) to the confluence with Acacia Creek; and Stenner Creek. 

  - **b. 35-Foot Setbacks.** The setback along the following shall be 35 feet: Prefumo Creek; Froom Creek; Brizziolari Creek; San Luis Obispo Creek East Fork tributary, from the confluence with Acacia Creek to Broad Street (Highway 227); Acacia Creek and its tributaries west of Broad Street (Highway 227); and the segment of the tributary of Acacia Creek which flows generally parallel to and on the easterly side of Broad Street (Highway 227), from Broad Street to Fuller Road. 

  - **c. 20-Foot Setbacks.** The setback along all creeks except those listed in subsections ~~(1)~~ E.2.a and ~~(2)~~ E.2.b of this Section ~~immediately above~~ shall be 20 feet. (Informational map is available in the Community Development Department.) 

3. Additional Upper Story Setbacks. Where the zone allows more than two stories, an additional 10-foot stepback (upper story building setback) shall be provided beginning at the third story level. The upper story stepback shall be provided along all building elevations with creek-facing frontage.

4. Larger Setbacks. To mitigate potentially significant environmental impacts in compliance with the California Environmental Quality Act, or to implement adopted City plans, when approving a discretionary application the City may require setbacks larger than required by subsections A E.1 and B E.2 of this Section, or further

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limitations on the items which may be placed within setbacks. Also, other City regulations may restrict or prevent development in a floodway or floodplain.

5. Prior Approvals. Where the City has explicitly approved a creek setback smaller than required by this Chapter Section prior to adoption of these regulations, that smaller setback shall remain in effect so long as the approval is in effect.

• F. Improvements Prohibited within Setbacks . The following shall not be placed or constructed within a creek setback, except as provided in subsection G of this Section:

  1. Structures larger than 120 square feet , as defined in Subsection 17.xx.xxx.G (Exceptions to Creek Setbacks) below.

2. Paving

3. Parking lots

4. Fire pits, barbeques, and other open flames

5. Mechanical equipment

6. In nonresidential zones, areas used for storing or working on vehicles, equipment, or materials

G. Exceptions to Creek Setbacks.

1. Replacement Structures. Where a structure lawfully existed on or before October 3, 1996 within a creek setback required by this Chapter Section, the provisions of this Section shall apply. This part is not intended to allow replacement of paving that existed on or before October 3, 1996 with new paving or a building, unless a discretionary approval is obtained in compliance with subsection (G)(4) G.4 of this Section.

• a. Any structure built in replacement of such a structure may occupy the same footprint, within the creek setback, as the previous structure, without obtaining a discretionary exception. See also Section 17. 16.020 70.170. (E D. )( 1. )(d b ) (Reduced Front or Street Side Setback for New Structure Providing Additional Creek Setback).

• b. Additional floor area shall not be added to the encroaching part of the structure (e.g., by adding stories).

• c. The part of a structure that is nonconforming due solely to the creek setback encroachment may be remodeled without regard to the limits of Section 17. 14.020(B) and (C) 92.020 (Limits on Reconstruction – Exceptions) of these Zoning Regulations.

2. Accessory Structures and Uses. The following items may be located within the required creek setback without obtaining a discretionary exception unless otherwise noted, provided, that they do not extend beyond the top of bank into the creek channel; will not cause the removal of native riparian vegetation; will not reduce any flooding capacity in compliance with the City’s flood damage prevention regulations; in total occupy not more than one-half of the total required creek setback area; and are consistent with other property development standards of the Zoning Regulations.

• a. Walls or fences, provided that in combination with buildings they enclose not more than one-half of the setback area on any development site.

• b. For a single-unit dwelling: uncovered parking spaces.

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• c. Patios and pervious walkways. (H owever, Ii mpervious pedestrian walkways and bicycle paths shall require a Director’s Action Hearing as provided in subsection ( G. )(4 . )D of this Section. )

• d. Decks, stairs, and landings that are no more than 30 inches in height, as measured from adjacent existing grade.

• e. One-story, detached buildings used as tool and storage sheds, play houses, and similar uses, provided the projected roof area does not exceed 120 square feet. No more than one such building is allowed per parcel.

• f. Garden structures such as trellises, arbors, and gazebos, provided they are constructed using an open lattice design and light-weight materials.

• g. Picnic tables and benches.

• h. Natural flood control and stormwater improvements, including vegetated buffers, bioswales, and rain gardens.

• C. 3. Architectural Features. The following architectural features may extend into the setback up to thirty inches: cornices, canopies, eaves, buttresses, chimneys, solar collectors, shading louvers, water heaters and related enclosures, and bay or other projecting windows that do not include usable floor space.

D. 4. Director’s Hearing for Exceptions.

• a. Intent . The Director, through a Director’s Hearing, may act to approve an exception to the creek setback requirements of this Chapter Section only where the applicant can provide clear and substantiated evidence that there is no practical way to comply with the provisions and that no other feasible alternatives will result in better implementation of other zoning regulations or General Plan policies while allowing reasonable use of sites subject to creek setbacks.

• b. Application Type. A creek setback smaller than required by this Chapter S ection may be approved by City action on a plan for public facilities approved by the Council or on a specific plan, development plan under planned development zoning, or land division, use permit, or architectural review. Where one of these types of applications is not otherwise required for the proposed feature, an exception request shall be in the form of a Director’s Hearing.

• c. Findings. Each Director’s Hearing or other discretionary application to grant an exception to a required creek setback shall be subject to each of the following findings, in addition to any other required findings associated with the project application under which the request is considered:

  • (1) The location and design of the feature receiving the exception will minimize impacts to scenic resources, water quality, and riparian habitat, including opportunities for wildlife habitation, rest, and movement; and

  • (2) The exception will not limit the City’s design options for providing flood control measures that are needed to achieve adopted City flood policies; and

  • (3) The exception will not prevent the implementation of City-adopted plans, nor increase the adverse environmental effects of implementing such plans; and

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• (4) There are circumstances applying to the site, such as size, shape, or topography, which do not apply generally to land in the vicinity with the same zoning, that would deprive the property of privileges enjoyed by other property in the vicinity with the same zoning; and

• (5) The exception will not constitute a grant of special privilege—an entitlement inconsistent with the limitations upon other properties in the vicinity with the same zoning; and

• (6) The exception will not be detrimental to the public welfare or injurious to other property in the area of the project or downstream; and

• (6) (7) Site development cannot be feasibly accomplished with a redesign of the project; and

• (7) (8) Redesign of the project would deny the property owner reasonable use of the property. “Reasonable use of the property” in the case of new development may include less development than indicated by zoning. In the case of additional development on an already developed site, “reasonable development” may mean no additional development considering site constraints and the existing development’s scale, design, or density.

• E. d. Biological Survey. A biological survey by a qualified, independent person shall be required for each creek setback exception request to provide the basis for making the required findings above, unless waived by the Director upon determining that no purpose would be served by such a survey because no biological resources could be affected by the exception.

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Figure 3-1: Creek Setbacks

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A. Determination of Allowed Development.

1. Density Calculation – General. In the AG, C/OS, R-1 zones, each single-unit dwelling counts as one density unit. In the other zones, different size dwellings have density unit values as follows:

• a. Studio and one-bedroom dwellings less than 600 square feet = 0.50 unit;

• b. One-bedroom dwellings between 601 and 1,000 square feet = 0.66 unit;

• c. Two-bedroom dwelling = 1.00 unit;

• d. Three-bedroom dwelling = 1.50 units;

• e. Dwelling with four or more bedrooms = 2.00 units.

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2. Maximum Development Density – Sloped Sites.

• a. General. In all zones, unless otherwise specified, the maximum development density allowed on a given lot or land area shall be based on the average cross-slope of the site (see Section 17. .XX7 0. 0200 90.B: Average Cross-Slope Calculation) and as follows:

Table 3-1: Maximum Residential Density for Cross-Slope Categories

• b. Exceptions. T he Director, through a Director’s Action, may act to approve an exception to the reduction of density with slope where the parcel in question is essentially enclosed on all sides by development at least as dense and within the same cross-slope category as the proposed development. The exception shall not authorize density greater than that allowed for the category of less than 15 percent slope for the appropriate zone. (See also Section 17. 12 96.020. (D) , Nonconforming Lots – Regulations.)

3. Maximum Residential Development Potential. Maximum residential development potential shall be the net lot area (in whole and fractional acres), multiplied by the maximum density allowed (in density units per acre) according to Subsections A.1 through A.2, above. The resulting number (in density units, carried out to the nearest one hundredth unit) will be the maximum residential development potential. Any combination of dwelling types and numbers may be developed, so long as their combined density unit values do not exceed the maximum potential.

B. Density Transfer.

1. PD Overlay Zone. Development potential may be transferred within the area covered by a planned development (PD) overlay zone, in conformance with the requirements of Chapter 17. 52 48: Planned Development (PD) Overlay Zone.

2. C/OS Zone. Where a portion of a lot is within a zone or zones that allow residential use and the rest of the lot is in a C/OS zone, and the portion within the C/OS zone is not large enough to allow one dwelling, the fractional dwelling unit potential from the C/OS zone may be transferred to the other portion of the lot, without planned development rezoning.

• C. Density Averaging. Where portions of a lot are within two or more different zones that allow different maximum densities, and any portion is not of the size required for a lot in that zone, density may be averaged over the whole

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lot, with each portion contributing to the overall maximum development potential in proportion to its area and maximum allowed density.

• D. Density Bonus for Low-Income and Moderate-Income Housing. Pursuant to California Government Code Section 65915, the City may negotiate a density bonus or other benefits in exchange for provision of housing affordable to households with very low, low, or moderate income, as defined in the Government Code, and as stipulated in Chapter 17. XX1 40: Affordable Housing Incentives of these regulations.

• E. Density in Hotels. For hotels and motels, maximum density includes dwelling units located in hotels and motels, but does not include other hotel or motel units/rooms.

• A. Purpose. The edge conditions regulations support a buffer between low-density residential zones or open space areas and zones that permits development of higher intensity. Where multi-unit residential zones or commercial zones are adjacent to lower intensity residential or open space zones, development shall incorporate elements in the site design and building design to soften its impact and to result in a compatible transition to the sensitive zone.

• B. Applicability. The standards below apply to any portion of property located within any zone designated in Table 3-2: Edge Condition Zones as “Zones Providing Transition” that are adjacent to a parcel designated in Table X 3- 2: Edge Conditions Zones as “Zones Receiving Transition”. For the purposes of this Chapter Section, the term the term “ adjacent” shall not include any properties separated by a street, alley, or other right-of-way, whether public or private.

C. Exceptions.

1. Where a transition area abuts a zone receiving transition and all properties that would receive transition are developed with legally allowed nonresidential uses, the requirements of this Chapter Section shall not apply.

2. The requirements of this Chapter Section shall not apply to development of a wireless communications facility.

D. Standards.

1. FAR Reduction. The maximum floor area ratio for a property in a zone providing transition shall be 10 percent less than indicated in the Zoning Regulations for that zone (Chapters 17. XX 12 through 17. XX 64, inclusive).

2. Setbacks. The setback standards for a property in a zone providing transition shall be as set forth in Table 3- 3: Edge Conditions Minimum Setbacks. See also Figure 3-2: Edge Conditions Interior Side and Rear Setbacks and Building Height.

Table 3-3: Edge Conditions Minimum Setbacks

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Table 3-3: Edge Conditions Minimum Setbacks

Figure 3-2: Edge Conditions Interior Side and Rear Setbacks and Building Height

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4. 3. Upper Level Open Space Orientation and Setbacks. In addition to any setback required by Table 3-3: Edge Conditions Minimum Setbacks, wherever b Balconies or and terraces are prohibited are provided above the first floor on the building side facing an adjacent zone receiving transition , the minimum required setback for that building side and story shall be increased by three feet.

5. 4. Rooftop Open Spaces. The minimum required setback for any rooftop open space shall be increased by 10 feet on the building side facing an adjacent zone receiving transition. Also, allA ll such permitted rooftop open spaces and terraces shall incorporate features that guard against noise impacts on adjacent R-1 properties located within a zone receiving transition consistent with standards set forth in Chapter 9.12 (Noise Control) of the Municipal Code.

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5. Windows. All windows along any facade facing a n R-1 property in a zone receiving transition shall, at the second story and above, be offset horizontally at least 12 inches (edge to edge) from any windows on buildings on an adjacent R-1 p roperty in a zone receiving transition, with the intent of preserving privacy and avoiding having windows immediately opposite each other.

• F. E. Driveway Orientation. All driveways and drive aisles shall be oriented such that glare from automobile headlights originating from the use does not point towards an adjacent zone receiving transition. Any driveways and drive aisles facing an adjacent zone receiving transition must be fully screened from the adjacent use.

G. F. Trash and Recycling.

1. Collection Areas. Areas for the collection and storage of trash, green waste, and recyclable materials shall be located on the subject site in a location that will avoid noise and odor impacts consistent with applicable City and other codes.

2. Containers. All refuse and recycling containers shall be contained within structures enclosed on all four sides and utilize lids made of molded plastic or other sound buffering material.

G. Hours of Operation. A use that will operate outside of the hours from 7:00 AM to 8:00 PM shall require a Minor Use Permit to ensure that the use will not negatively impact the uses located in the zone receiving transition. Commercial hours of operation may be restricted upon evidence of a substantiated compliant or inadequate parking.

H. Mechanical Service and Loading Areas . Service and loading areas shall be screened from zones receiving transition. When located in proximity to residential uses in zones receiving transition, techniques such as block walls, enhanced setbacks, or enclosed loading or equipment shall be used to minimize adverse impacts from vehicular noise and noise from mechanical equipment.

H.

• A. Measurement – Generally . Floor area ratio (FAR) maximums are applied to buildings in the R-1 zone and all nonresidential zones. The floor area of a building consists of the sum of the gross horizontal areas of all floors of a building or other enclosed structure, measured from the outside perimeter of the exterior walls and/or the centerline of interior walls. In a mixed-use building, floor area ratio maximums apply to both the residential and the nonresidential components of the development.

• B. Single-Unit Residential Floor Area . The floor area for single-unit dwellings shall be measured as the total horizontal floor area of all the floors of a building from the outside walls. The total horizontal floor area shall include the residential floor area of any building(s) located on the lot including the main dwelling, detached accessory structures, all garage area except as exempted below, and enclosed patios. The following shall be excluded from floor area for the purposes of calculating floor area ratio:

  1. Floor area shall exclude required parking spaces in a garage (with each required parking space not exceeding 200 250 square feet) but shall include any additional enclosed parking spaces provided in addition to the minimum requirements.

  2. Floor area shall exclude fully subterranean basements.

  3. Floor area shall exclude non-enclosed covered structures such as decks, patios, porches, and balconies enclosed on three or fewer sides.

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4. Floor area shall exclude legally allowed accessory dwelling units.

• C. Non-Residential Floor Area. The floor area shall include the total horizontal floor area of all the floors of a building measured from the outside walls, exclusive of vents, shafts, courts, elevators, stairways, mechanical, electrical, and communications equipment, and similar facilities. Floor area shall include mezzanine and lofts. The following shall be excluded from floor area for the purposes of calculating floor area ratio.

  1. Floor area shall exclude required parking areas in a garage (with each required parking space not exceeding 200 square feet) but shall include any additional enclosed parking spaces provided in addition to the minimum requirements.

  2. Floor area shall exclude fully subterranean garages and basements.

  3. Floor area shall exclude non-enclosed covered structures such as decks, patios, porches, and balconies enclosed on three or fewer sides.

• A. Purpose. The purpose of these regulations is to achieve a balance between concerns for privacy and public concerns for enhancement of the community appearance, visual image of the streetscape, overall character of neighborhoods, and to ensure the provision of adequate light, air, and public safety.

• B. Application. These regulations apply to any type of visible or tangible obstruction that has the effect of forming a physical or visual barrier between properties or between property lines and the public right-of-way, including but not limited to: any type of artificially constructed barriers of wood, metal, or concrete posts connected by boards, rails, panels, wire or mesh, and any type of natural growth such as hedges and screen plantings.

• C. Standards for Fences Located within Required Setbacks. Fences, walls or hedges may be placed within required setbacks, provided they do not exceed maximum height limitations and comply with the following standards:

  1. Fence Height within Front Setback. The maximum height of a fence, wall, or hedge shall not exceed six feet; except within in any front setback, the maximum fence, wall, or hedge height shall be as shown in Figure 3-3: Fence, Wall, and Hedge Height in Front Setbacks. See also Chapter 17.XX: Section 17.70.210 (Vision Clearance Triangle at Intersections).

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Figure 3-3: Fence, Wall, and Hedge Maximum Height in Front Setbacks

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2. Corner Lots Fence Height within Street Side Setbacks . On corner lots, the maximum height of a fence, wall, or hedge shall not exceed six feet; except within in any street side setback, the maximum fence, wall, or hedge height shall be as shown in Figure 3-4: Fence, Wall, and Hedge Height in Street Side Setbacks (Corner Lots). See also Chapter 17.XX:S ection 17.70.210 (Vision Clearance Triangle at Intersections).

Figure 3-4: Fence, Wall, and Hedge Maximum Height in Street Side Setbacks (Corner Lots)

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3. Driveway Gates. I n the R-1 zone, gates across driveways shall be set back a minimum of 20 feet behind the property line. In all other zones, gates across driveways shall allow for adequate space to queue vehicles entering the property.

4. Interior Side and Rear Setback Height. The maximum height of a fence, wall, or hedge in any interior side or rear setback shall be six feet.

4 5. Arbors, Trellises, and Ornamental Features.

• a. General. Arbors, trellises, and other similar ornamental features are allowed within a required setback subject to the same height limits that apply to fences, walls, and hedges, except as provided in Section 17.XX.XXX.C.2 (Street Side and Front Setback)s ubsection C.5.b of this Section, below.

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• b. Street Side and Front Setback . Up to one arbor, trellis, or other similar ornamental feature per street frontage is allowed with a maximum height of nine feet, and an area of not more than forty square feet as measured by the perimeter formed by the vertical projection to the ground of the outermost elements of the feature, and no horizontal dimension shall exceed eight feet in length. Any portion of such a feature wider than 18 inches and that exceeds the usual fence height requirements of this Chapter S ection shall be of an open design such that a person standing on the adjacent public right-of-way can see completely through at least 50 percent of the structure to the depth of the required street yard (see Figure 3-5: Arbors in Front and Street Side Setbacks.) Such features within required setbacks shall not be connected to another structure or building. For the purposes of this Section, the term “connected” shall include structures that are rigidly joined by structural components. Such features within required setbacks shall not be constructed of heavy materials such as masonry or metal. Such features within required setbacks comply with Section 17. 167 0.21 0.020(E)(2) (Vision Clearance Triangle at Intersection Visibilitys ).

Figure 3-5: Arbors in Front and Street Side Setbacks

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• 5 6. Pilasters. Decorative pilasters, statuary, flower pots, and similar ornamental elements attached to or incorporated into the design of conforming fences or walls may exceed the required height limit up to 18 inches, provided that the decorative element is not wider than 18 inches and that such elements are used to define a gateway or other entryway or are otherwise at least four feet apart.

• D. Standards for Fences Located Outside of Required Setback Areas. Fences, walls, and arbors may be placed outside required setbacks, provided:

  1. The maximum fence, wall, arbor or hedge height is eight feet.

  2. Where the fence, wall, or arbor is connected to and a part of a building, it may be any height allowed in the underlying zone.

• E. Fence Height with Difference in Grade. Fence height is measured from the adjacent grade along the lower side of the wall, fence, or hedge, directly at the base of the wall or fence.

• F. Measurement of Height Where Fences or Walls Are Located on Retaining Walls.

  1. Where fences or walls are located on retaining walls, the height of the retaining wall shall be considered as part of the overall height of the fence or wall. Walls or fences must have a minimum spacing of five feet between each other to be considered separate structures for purposes of measuring overall height

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2. Where fences are located on a berm or mound, the height of the fence shall include the berm or mound directly beneath the fence and above natural grade in the overall height measurement.

3. Where fences are located on retaining walls within interior side or rear setbacks, fences shall not exceed six feet as measured from the uphill side if erected or replaced on top of the retaining walls, and the combined fence and retaining wall height shall not exceed nine feet from the lower side, provided no modification of grade has occurred from the original subdivision improvements and/or design approvals. A Building Permit is required for the combined fence and retaining wall height that exceed six feet. If there is evidence that a modification to the grade has occurred from the original subdivision/design approvals, the height must be authorized through a fence height exception pursuant to Chapter XX 1 7.108 (Director’s Action). For retaining walls in hillside areas, see also Section 17. XX.XXX7 0.090.C.3 (Retaining Walls).

• G. Intersection and Driveway Visibility . Notwithstanding other provisions of this ChapterS ection, fences, walls, and hedges shall comply with Section 17.70.210 (Vision Clearance Triangle at Intersections). 17.XX.XXX (Intersection Visibility).

• H. Director’s Action. The Director, through a Director’s Action, may grant exceptions to standards of this Section as set forth in Chapter 17. XX 1 08 (Director’s Action) when there is no practical way to comply with the provisions and no other feasible alternatives will result in better implementation of other zoning regulations or General Plan policies while allowing reasonable use of sites. Circumstances where a Director’s Action may be approved include, but are not limited to, issues related to topography and privacy.

• A. Residential and Nonresidential Building Height on Flat Lots. For flat lots and lots with an average (crossparcel) slope of less than 16 percent, the height of a building or structure shall be measured as the vertical distance from the average level of highest and lowest existing grade of that portion of the site covered by the building to the topmost point of the roof, including parapets but excluding features outlined in Section 17.XX.XXX.C subsection C of this Sectio n below (Exceptions). The average level of the ground is determined by adding the elevation of the lowest point of the part of the lot covered by the building to the elevation of the highest point of the part of the lot covered by the building and dividing by two. Height measurements shall be based on existing topography of the site, before grading for proposed on-site improvements. (See Figure 3-6: Measurement of Structure Height: Flat Ground and Slopes of Less than 15 Percent.)

Figure 3-6: Measurement of Structure Height: Flat Ground and Slopes of Less than 15 Percent

==> picture [337 x 161] intentionally omitted <==

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• B. Building Height on Slopes with 16 Percent Grade or Greater. For lots with an average (cross-parcel) slope of 16 percent or greater, the height of a building or structure shall be measured as the vertical distance from the adjacent existing grade to the topmost point of the roof, including parapets but excluding features outlined in Section 17.XX.XXX.C below (Exceptions) subsection C of this Section. The maximum allowable height shall be measured as the vertical distance from the existing grade of the site to an imaginary plane located at the allowed height above and parallel to the grade. Height measurements shall be based on existing topography of the site, before grading for proposed on-site improvements. (See Figure 3-7 Measurement of Structure Height: Slopes of 16 Percent of Greater.)

Figure 3-7: Measurement of Structure Height: Slopes of 16 Percent or Greater

==> picture [378 x 159] intentionally omitted <==

C. Exceptions.

1. Setbacks and Building Heights. See also Sections 17.16. XXX 020.B (R-1 Zone, Interior Side and Rear Setback Standards), XXX1 7.18.020.B (R-2 Zone, Interior Side and Rear Setback Standards), XXX1 7.20.020.B (R-3 Zone, Interior Side and Rear Setback Standards), XXX1 7.22.020.B (R-4 Zone, Interior Side and Rear Setback Standards), 17.24.020.B (O Zone, Interior Side and Rear Setback Standards), 17.26.020.B (C-N Zone, Interior Side and Rear Setback Standards), and XXXS ection 17.70.050.D.2 (Edge Conditions - Setbacks) for relationship of setbacks and building height.

ndards), XXX1 7.20.020.B (R-3 Zone, Interior Side and Rear Setback Standards), XXX1 7.22.020.B (R-4 Zone, Interior Side and Rear Setback Standards), 17.24.020.B (O Zone, Interior Side and Rear Setback Standards), 17.26.020.B (C-N Zone, Interior Side and Rear Setback Standards), and XXXS ection 17.70.050.D.2 (Edge Conditions - Setbacks) for relationship of setbacks and building height.

2. Projections. Components of solar energy systems, chimneys, elevator towers, screening for mechanical equipment that is not integral with building parapets, vents, antennas, and steeples shall extend not more than 10 feet above the maximum building height. See Section XX.XX.XXX 17.70.160 (Satellite Dish Antennae) for restrictions on roof-mounted satellite antennae. See Section XX.XX.XXX 17.86.290 (Wireless Telecommunications Facilities) pertaining to site development and performance standards for wireless communications facilities.

3. Exceptions.

• a. Exceptions for Certain Zones. Height exceptions may be permitted in the C-D and PF zones consistent with regulations in Section 17.32.030. A E ( Requirements and Findings for Maximum Building Height Increase i n the C-D Zone) and Section 17.46.030 (Public Facility Zone, Additional Regulations), respectively.

• b. Affordable Housing Exceptions. For height exceptions provided in exchange for affordable housing, see Chapter 17.14 0XX: (Affordable Housing Incentives).

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• c. Other Exceptions. Any other exception to the height limits requires approval of a Variance as provided in Chapter 17.11 460 (Variances).

• D. Signs. For height limits of signs, see Chapter 15.40, Sign Regulations.

A. Purpose and Application.

1. Purpose. The purpose of this Chapter Section is to implement goals of the Conservation and Open Space and Land Use Elements of the General Plan:

  - **a.** To protect and preserve scenic hillside areas and natural features such as the volcanic morros, ridge lines, plant communities, rock outcroppings and steep slope areas that function as landscape backdrops for the community; 

  - **b.** To avoid encroachment into sensitive habitats or unique resources as defined in the Conservation and Open Space Element; 

  - **c.** To protect the health, safety and welfare of community residents by directing development away from areas with hazards such as landslides, wildland fires, flooding and erosion; and 

  - **d.** To protect the City’s scenic setting. 

2. Application. The provisions of this Chapter Section shall apply to all lots and sites that have an average cross slope of 16 percent or more (see Section 17. XX7 0. 02 090.B: Average Slope Calculation). The Director may require a survey and slope analysis to determine whether the provisions of this Chapter Section apply to a specific property or development. Notwithstanding the requirements of this Chapter Section, a lot created pursuant to the Subdivision Map Act and Title 16 (Subdivisions) of the San Luis Obispo Municipal Code prior to the effective date of this division may be developed with a single unit structure in compliance with other applicable requirements of these Zoning Regulations.

• B. Average Cross-Slope Calculation. Average cross-slope is the ratio, expressed as a percentage of the difference in elevation to the horizontal distance between two points on the perimeter of the area for which slope is being determined. The line along which the slope is measured shall run essentially perpendicular to the contours.

  1. Where a site does not slope uniformly, average cross-slope is to be determined by proportional weighting of the cross-slopes of uniformly sloping subareas, as determined by the Director.

  2. Cross-slope determinations shall be based on the existing topography of the net site area after subtracting the area for any future on-site grading necessary to accommodate proposed right-of-way improvements and other on-site improvements.

  3. Cross-slope shall be calculated only for the net area as defined in Sectio n Chapter 17. XX 70.11 0: (Lot Area).

C. Hillside Development Standards

1. General Site Planning Standards. To assist in maintaining a natural appearance for hillsides and ridgelines, each structure shall be located in the most accessible, least visually prominent, most geologically stable portion or portions of the site, at the lowest feasible elevation, and shall, at a minimum, meet the following requirements:

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• a. See Section 17. .XX7 0. XXX0 40.A. 3 2 (Maximum Development Density – Sloped Sites) for maximum density in hillside areas.

• b. See Section 17. XX.XXX7 0.090.B (Building Height on Slopes with 16 Percent Grade or Greater) for maximum height in hillside areas.

2. Site Access and Driveways. Each driveway shall not have a grade steeper than five percent within 10 feet of a garage or carport entry. Driveway finished grade shall not exceed an average of 15 percent, or 20 percent at any point.

3. Retaining Walls. Retaining walls that are 20 feet in length shall be limited to six feet in height (above ground/visible portion). Retaining walls longer than 20 feet shall be limited to four feet in height (above ground/visible portion). A minimum five-foot horizontal separation is required between retaining walls. For exceptions, see subsection D of this Sectio n Section 17.xx.xxx.H (Director ’ s Action) .

4. Downhill Building Walls. No single building wall on the downhill side of a house shall exceed 15 feet in height above grade. Additional building height on a downhill side are allowed in 15-foot increments, where each increment is stepped-back from the lower wall a minimum of 10 feet.

5. Height of Lowest Floor Level, Decks, and Support Structures. See Figure 3-8: Height Limit for Lowest Floor, Decks, and Support Structures.

• a. Lowest Floor Level. The vertical distance between the lowest point where the foundation meets grade and the lowest floor line of the structure shall not exceed six feet.

• b. Decks. No portion of the walking surface of a deck with visible underpinnings shall exceed a height of six feet above grade.

• c. Support Structures. Support structures (e.g., columns, pilings, etc.) below the lowest floor on the downhill side of a house shall be enclosed unless visible structural members are an integral feature of the architectural design. Support structure wall surfaces shall not exceed six feet in height.

Figure 3-8: Height Limit for Lowest Floor, Decks, and Support Structures

==> picture [192 x 173] intentionally omitted <==

6. Exterior Wall Surfaces.

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  - **a.** Single-story and small-scale elements, setbacks, overhangs, roof pitches, and/or other means of horizontal and vertical articulation shall be used to create shade and shadow and break up otherwise massive forms to minimize the apparent size of exterior wall surfaces visible from public rights-of-way. 

  - **b.** Large flat building planes are prohibited; the spatial arrangement of the building, including roof overhangs, shall be used to achieve alternating light and dark building surfaces that will blend with similar contrasts found in the surrounding natural vegetation. 

7. Mechanical Equipment. Mechanical equipment may be placed on rooftops or below a deck only if the equipment is not visible from the public right-of-way or adjacent properties, except for solar collectors that are compatible with the roof line and architecturally integrated with the structure.

8. Fencing. Hillside area perimeter fencing that is visible from off-site vantages, except on side and rear yards that are directly adjacent to living areas on adjacent lots, shall be of a semitransparent, rather than solid design. Semitransparent material includes, but is not limited to, wrought iron, split rail, and four-inch square welded wire. In side and rear yards between living areas on adjacent lots, solid, opaque fencing is allowed. However, the preference is for a more naturalistic approach to screening in the side yards, with semitransparent fencing combined with landscaping, or landscaping alone.

• 9 D. Director’s Action. The Director may grant exceptions to standards of this Section Chapter as set forth in Chapter 17. XX 108 (Director’s Action), subject the following additional findings:

  • I.1 . Intent. The Director, through a Director’s Action, may act to approve an exception to the hillside requirements of this Chapter S ection only where the applicant can provide clear and substantiated evidence that there is no practical way to comply with the provisions and that no other feasible alternatives will result in better implementation of other zoning regulations or General Plan policies while allowing reasonable use of sites subject to hillside regulations.

  • J. 2. Application Type. A hillside regulation less than required by this Chapter Section may be approved by City action on a plan for public facilities approved by the Council or on a specific plan, development plan under planned development zoning, land division, use permit, or architectural review. Where one of these types of applications is not otherwise required for the proposed feature, an exception request shall be in the form of a Director’s Action.

  • K. 3. Findings. Each Director’s Action to grant an exception to a required hillside regulation shall be subject to each of the following findings, regardless of the type of project application under which the request is considered:

    • b.a . The proposed alternative complies with and furthers the intent of this ChapterS ection; and

    • c. b. The proposed alternative provides a design solution that is equivalent to or better than the standards prescribed in this section Section for quality, effectiveness, durability, and safety; and

    • d.c . The location and design of the feature receiving the exception will minimize impacts to scenic resources and will not hinder opportunities for wildlife habitation, rest, and movement; and

    • e. d. The exception will not prevent the implementation of City-adopted plans, nor increase the adverse environmental effects of implementing such plans; and

    • f. e. There are circumstances applying to the site, such as size, shape, or topography, which do not apply generally to land in the vicinity with the same zoning, that would deprive the property of privileges enjoyed by other property in the vicinity with the same zoning; and

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• g. f. The exception will not constitute a grant of special privilege—an entitlement inconsistent with the limitations upon other properties in the vicinity with the same zoning; and

• h. g. The exception will not be detrimental to the public welfare or injurious to other property in the area of the project; and

• i. S ite development cannot be feasibly accomplished with a redesign of the projec t; and or

• k. h. Rr edesign of the project would deny the property owner reasonable use of the property. “Reasonable use of the property” in the case of new development may include less development than indicated by zoning. In the case of additional development on an already developed site, “reasonable development” may mean no additional development considering site constraints and the existing development’s scale, design, or density.

D. Process Requirements

1. Minor Development Revie w - Minor. Development of an accessory structure H illside development shall require approval of Minor Development Review – Minor f rom the City’s Planning Division.

2. Design Review. Plans submitted for hillside development shall be reviewed for consistency with the City’s Community Design Guidelines, this Section, and general development standards of the Zoning Regulations.

A. Purpose.

1. These outdoor lighting regulations are intended to encourage lighting practices and systems that will:

• a. Permit reasonable uses of outdoor lighting for nighttime safety, utility, security, and enjoyment while preserving the ambience of night;

• b. Curtail and reverse any degradation of the nighttime visual environment and the night sky;

• c. Minimize glare and obtrusive light by limiting outdoor lighting that is misdirected, excessive, or unnecessary;

• d. Help protect the natural environment from the damaging effects of night lighting;

• e. Meet the minimum requirements of the California Code of Regulations for Outdoor Lighting and Signs (Title 24, Chapter 6).

2. Other laws or ordinances may require minimum illumination levels for specific applications and may conflict with these regulations. In such cases, those laws or ordinances shall govern.

B. Application Requirements

1. Whenever a person is required to obtain a building permit, electrical permit for outdoor lighting or signage, and/or approval of any development project, the applicant shall, as a part of the application, submit sufficient information to enable the Community Development Department to determine whether the proposed lighting complies with the provisions of this Chapter Section. The application shall include the following:

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• a. A site plan indicating the proposed location of all outdoor lighting fixtures that are not exempted by subsection F of this Sectio n 17.XX.060 (Exemptions). .

• b. A description of each illuminating device, fixture, lamp, support, and shield. This description may include, but is not limited to, manufacturer’s catalog cuts and drawings (including sections where required), lamp types, and lumen outputs.

• c. Photometric plans depicting the location of all light poles and building-mounted lighting fixtures and a maximum 10-foot by 10-foot grid of both the initial and maintained lighting levels on the site, and including impact on adjacent properties.

• d. The project lighting plan shall be coordinated with any associated landscaping plan to prevent site planning conflicts.

• e. Any other information the Director may determine is necessary to ensure compliance with the provisions of this Chapter Section.

2. The Director may waive any or all of these requirements if compliance can be determined based on available information.

C. Operational Standards.

1. Outdoor lighting shall be designed, installed, and maintained to prevent nighttime sky light pollution, preserve and enhance visibility of stars, and use energy efficiently by lighting only those areas or objects necessary for safety and security.

2. All outdoor lighting shall conform to the following regulations:

• a. Orientation. Outdoor lighting shall be directed downward and away from adjacent properties and public rights-of-way.

• b. Light Trespass in Residential Zones. No lighting on private property shall produce an illumination level greater than two maintained horizontal foot-candles at grade on any property within a residential zone except on the site of the light source.

  • c. Light Intensity on Residential Sites. The maximum light intensity on a residential site shall not exceed a maintained value of 10 foot-candles, when measured at finished grade.

d. Light Intensity on Nonresidential Sites.

• (1) General. The maximum light intensity on a nonresidential site, except auto sales lots and sports fields, shall not exceed a maintained value of 10 foot-candles, when measured at finished grade.

• (2) Auto Sales Lots. The maximum light intensity on an auto sales lot shall not exceed a maintained value of 40 foot-candles, when measured at finished grade.

• (3) Athletic Fields. The maximum light intensity on an athletic field shall not exceed a maintained value of 50 foot-candles when measured three feet above grade. Baseball field lighting and lighting for other recreational uses may be increased to a maintained value of 100 foot-candles with approval of a Director’s Action (see Section 17.XX.XXX C hapter 17.108: [D irector’s Actio n]) .

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• e. Hours of Operation. Outdoor lighting shall be completely turned off or significantly dimmed at the close of business hours unless lighting is essential for security or safety (e.g., illumination of parking areas and plazas).

f. Prohibited Lighting.

     - **(1)  Flashing.** Outdoor lighting shall not blink, flash, or rotate. 

     - **(2)  Projection above Horizontal Plane.** Outdoor flood light projection above the horizontal plane, as defined in subsection D.1. of this Section ~~17.XX.XXXA a~~ nd shown in Figure 3-9 (Outdoor Lighting Horizontal Plane) is prohibited, unless exempted by subsection F of this Sectio ~~n 17.23.060 (Exemptions)~~ . 

     - **(3)  Upward Sign Illumination.** All upward directed sign lighting, including illumination of billboards, is prohibited, unless exempted by subsection F of this ~~by~~ Sectio ~~n 17.23.060 (Exemptions)~~ . 

     - **(4)  Search Lights.** Search lights, laser source lights, or any similar high-intensity light are prohibited, unless exempted by subsection F of this Section. ~~17.23.060 (Exemptions).~~ 

  - **g. Outdoor Athletic Fields Illumination Hours.** Outdoor athletic fields shall not be illuminated after 11:00 PM, except to conclude a scheduled recreational or sporting event in progress prior to 11:00 PM. 

• D. New Development. In addition to required operational standards, new development projects shall incorporate the following regulations to minimize glare and light trespass and facilitate better vision at night. See also Community Design Guidelines for guidance on preferred fixture styles.

1. Fully Shielded. Outdoor lighting fixtures, including lighting for outdoor recreational facilities, shall be shielded with full cutoff or recessed fixtures designed and installed so that no emitted light will break a horizontal plane passing through the lowest point of the fixture (see Figure 3-9: Outdoor Lighting Horizontal Plane). Cutoff fixtures shall be installed using a horizontal lamp position.

Figure 3-9: Outdoor Lighting Horizontal Plane

==> picture [175 x 126] intentionally omitted <==

2. Design. Lighting fixtures should be of a design that complements building design and landscaping and may require architectural review.

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3. Height, Intensity, and Scale. Lighting fixtures shall be appropriate in height, intensity, and scale to the use they are serving. Parking lot lights shall not exceed a height of 21 feet, and wall-mounted lights shall not exceed a height of 15 feet, measured from the adjacent grade to the bottom of the fixture.

4. Service Station Canopies. All luminaries mounted on the under surface of service station canopies shall be fully shielded and utilize flush-mounted canopy fixtures with flat lenses.

5. Alternate Materials and Methods of Installation. Designs, materials, or methods of installation not specifically prescribed by this Section may be approved by Director, subject to Director’s Action. In approving such a request, the Director shall find that the proposed design, material, or method provides approximate equivalence to the specific requirements of this Section or is otherwise satisfactory and complies with the intent of these provisions.

• E. Nonconforming Fixtures. No outdoor lighting fixture that was installed prior to the enactment of this Chapter Title 17 and was consistent with Zoning Regulations at the time of installation shall be required to be removed or modified. However, no modification or replacement shall be made to a nonconforming fixture unless the fixture thereafter conforms to the provisions of this ChapterS ection.

• F. Exemptions. The following lighting fixtures are exempt from the requirements of this ChapterS ection:

  1. Neon and Signage Lighting. Neon and other low-intensity outdoor lighting fixtures used for signage or architectural decoration that are approved through architectural review.

  2. Public Rights-of-Way Lighting. Outdoor lighting fixtures on public rights-of-way; provided that measures have been taken to mitigate impacts on surrounding properties and the night sky.

  3. Emergency Aviation Lighting. Emergency lighting operated by public agencies or for the purpose of aviation safety.

  4. Infrastructure Construction Lighting. All temporary lighting used for the construction or repair of roadways, utilities, and other public infrastructure.

  5. Nonelectric Lighting. Nonelectric lighting such as gas lamps or kerosene lanterns.

6. Temporary and Seasonal Lighting. Temporary lighting equipment and seasonal lighting equipment, provided that individual lamps are 10 watts or less. Temporary lighting that does not comply with the regulations contained in this Chapter Section is subject to the Director’s review and approval of Director’s Action. In granting a request for approval of temporary lighting that does not comply with these regulations, the Director shall make all of the following findings:

  - **a.** The purpose for which the lighting is proposed is not intended to extend beyond 30 days; and 

  - **b.** The proposed lighting is designed in such a manner as to minimize light pollution and trespass as much as feasible. 

7. Accent Lighting. Accent lighting for architectural features, national flags, statues, public art, signage or other objects of interest is subject to the Director’s review and approval of Director’s Action. In granting a request for approval of accent lighting, the Director shall make all of the following findings:

  - **a.** The fixture emits a very narrow cone of light for the purpose of confining the light to the object of interest; and 

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• b. The fixture minimizes spill-light and glare.

8. Search Lights. Search lights, laser source lights, or any similar high-intensity light used for emergencies by police and/or fire personnel, or at their direction, or for purposes of gathering meteorological data. Exceptions may be granted in conjunction with approved temporary lighting (see Section 17. XX7 0.1 060 .F.6: Temporary and Seasonal Lighting).

9. Billboards. Upgrades to existing lighting fixtures on outdoor advertising signs (billboards) that reduce light pollution are subject to the Director’s review and approval of Director’s Action. In granting a request for approval of accent lighting, the Director shall find that the level of illumination associated with the upgraded lighting fixture is not increased.

10. Decorative Patio Lighting . Low-level outdoor patio lighting, where individual lamps are 10 watts or less, used by commercial businesses to provide ambiance.

• A. Purpose and Application. As defined in Chapter X 17.158 X (General Definitions), lot area is the land area associated with a particular lot. Net lot area is used to calculate maximum density and/or floor area ratio.

• B. Net Lot Area. Net area is the total area within the property lines of the development site, excluding the following:

  1. Street rights-of-way;

  2. Area between the tops of banks of creeks shown on the Open Space Element creeks map;

  3. Habitat occupied by species listed as endangered or threatened by the U.S. Fish and Wildlife Service or the California Department of Fish and Game, or as plants of highest priority by the California Native Plant Society, unless the Director determines there is no practical alternative as defined by the General Plan;

  4. Area within the drip line of heritage trees designated by the City.

• A. Purpose and Application. As defined in Chapter 17.15 8XX (General Definitions), lot coverage is the ratio of the total area of a lot covered by the footprint of all structures to the net lot area, typically expressed as a percentage of the total lot area, including all buildings, decks, balconies, porches, accessory structures and accessory dwellings, and similar architectural features. Maximum coverage shall be as provided in the specific property development standards for the various zones in Chapters XX 17.12 through XX 17.64, inclusive.

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Figure 3-10: Lot Coverage

==> picture [388 x 201] intentionally omitted <==

• B. Excluded from Lot Coverage. The following structures shall be excluded from the lot coverage calculation:

  1. Uncovered decks, porches, landings, balconies, and stairways that are 30 inches or less in height, as measured from the adjacent existing grade.

Figure 3-11: Decks Excluded from Coverage

==> picture [237 x 164] intentionally omitted <==

6. 2. Roof eaves which project 30 inches or less from the structure are not included in the determination of coverage.

7. 3. Swimming pools and hot tubs that are not enclosed in roofed structures or decks.

4. One small, non-habitable accessory structure under 120 square feet and under seven feet high. Any additional structures above quantity of one shall be included in lot coverage.

8. 5. Up to 450 square feet of an accessory dwelling unit. Any additional square footage of an accessory dwelling unit shall be included in lot coverage.

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• A. Purpose. This Sectio n Chapter provides standards for the design of mixed-use projects to be compatible with existing and planned development on the site and adjacent and nearby properties. Mixed-use projects provide an opportunity to locate housing, jobs, recreation, and other daily needs in close proximity to one another, thereby enhancing vitality and street life in San Luis Obispo and forwarding the City’s sustainability goals.

• B. Allowed Uses. A mixed-use project requires a combination of residential units with any other use or multiple uses allowed in the applicable zone by Section 17. 22 10.0 21 0 (Use Regulations By Zone). Where a mixed-use project is proposed with a use required by Section 17.10.020 (Use Regulations By Zone) 17.22.010 to have use permit approval in the applicable zone, the entire mixed-use project shall be subject to that use permit requirement.

• C. Maximum Density. The residential component of a mixed-use project shall comply with the maximum density requirements of the applicable zone, plus density bonuses where applicable.

• D. Site Layout and Project Design Standards. Each proposed mixed-use project shall comply with the property development standards of the applicable zone and the following requirements:

1. Location of Units .

• a. Ground Floor Limitations. In the C-D zone, residential units shall not occupy any ground floor space. In all other zones, residential units shall not occupy ground floor space within the first 50 feet of floor area measured from each building face adjacent to a street toward the rear of the building unless the review authority finds that the project enhances the pedestrian environment in the surrounding area or will perform a function or provide a service that is essential or beneficial to the community or City.

• b. Noise. Residential units shall be located on the site to minimize adverse impacts from existing known noise sources in compliance with the City’s noise regulations. When a project is located adjacent to a known noise emission above the residential thresholds, a noise study shall be provided.

2. Mechanical Service and Loading Areas . Service and loading areas shall be screened from residential areas and integrated with the design of the building. Special attention shall be given when designing loading and mechanical facilities in a location that is proximate to residential uses. Techniques such as block walls, enhanced setbacks, or enclosed loading or equipment shall be used to minimize adverse impacts to residents from vehicle and mechanical noise.

3. Trash and Recycling Areas . Areas for the collection and storage of trash and recyclable materials shall be located on the site in locations that are convenient for both the residential and nonresidential uses. The location and design of trash enclosures shall reduce nuisances from odors and noise when residential uses might be impacted.

4. Limitations on Use . The following uses and activities shall not be allowed within any mixed-use development:

• a. Major vehicle/equipment repair (e.g., body or mechanical work, including boats and recreational vehicles, vehicle detailing and painting, upholstery, or any similar use);

  • b. Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use;

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  - **c.** Manufacturing or industrial activities, including but not limited to welding, machining, or any open flame work; or 

  - **d.** Any other activity or use, as determined by the review authority, to be incompatible with residential activities and/or to have the possibility of affecting the health or safety of mixed-use development residents due to the potential for the use to create dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, or other impacts, or would be hazardous because of materials, processes, products, or wastes. 

• E. Design Standards. A mixed-use project shall be designed to achieve the following objectives:

  1. The design shall provide for internal compatibility between the different uses in terms of noise, hours of operation, vehicle and pedestrian circulation, access, use of open space, and similar operating characteristics.

  2. Potential noise, odors, glare, pedestrian traffic, and other potentially significant impacts on residents shall be minimized to allow a compatible mix of residential and nonresidential uses on the same site.

  3. The design of the mixed-use project shall take into consideration potential impacts on adjacent properties and shall include specific design features to minimize potential impacts.

  4. The design of the mixed-use project shall ensure that the residential units are of a residential character and that privacy between residential units and between other uses on the site is maximized.

  5. The design of the structures and site planning shall encourage integration of the street pedestrian environment with the nonresidential uses through the use of plazas, courtyards, walkways, and street furniture.

  6. Site planning and building design shall be compatible with and enhance the adjacent and surrounding built environment in terms of scale, building design, color, exterior materials, roof styles, lighting, landscaping, and signage.

F. Performance Standards.

1. Lighting . Lighting for nonresidential uses shall be appropriately designed, located, and shielded to not negatively impact the residential units in the development or any adjacent residential uses . and shall also comply with Section 17.70.100 (Lighting and Night Sky Preservation).

2. Noise. All residential units shall be designed to minimize adverse impacts from nonresidential project noise ’

in compliance with the City s noise regulations and shall comply with Chapter 9.12 (Noise Control). .

3. Air Quality and Odors. All residential units shall be designed to minimize adverse impacts from mechanical equipment and operations of nonresidential project air pollutant emissions and odors in compliance with the Air Pollution Control District Air Quality Handbook and Chapter 8.22 (Offensive Odors).

3 4. Hours of Operation.

• a. C-N and O Zones. The commercial component of a mixed-use project shall be allowed to operate from 7:00 AM to 8:00 PM. Operation outside of these allowed hours shall require a Minor Use Permit to ensure that the commercial use will not negatively impact the residential uses within the project.

• b. All Other Zones that Allow Mixed-Use Projects. The commercial component of a mixed-use project shall be allowed to operate from 7:00 AM to 8:00 PM. Operation outside of these allowed hours shall

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require a Minor Use Permit to ensure that the commercial use will not negatively impact the residential uses within the project.

  - **c. General.** Commercial hours of operation also may be restricted upon evidence of a substantiated compliant or inadequate parking. 

• 4 5. Residential Noise Notice . Residents of new mixed-use projects, whether owners or tenants, shall be notified in writing before taking up residence that they will be living in an urban-type environment and that the noise levels may be higher than a strictly residential area.

• I. Pedestrian Access. On-site pedestrian circulation and access shall be provided per the following standards:

  1. Internal Connections . A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities.

  2. To Circulation Network . Regular and convenient connections between on-site walkways and the public sidewalk and other existing or planned pedestrian routes, such as safe routes to school, shall be provided. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage.

  3. To Adjacent Areas . Direct and convenient access shall be provided from mixed-use projects to adjoining residential and commercial areas to the maximum extent feasible while still providing for safety and security.

  4. To Transit . Safe and convenient pedestrian connections shall be provided from adjacent transit stops to building entrances.

5. Interior Pedestrian Walkway Design.

• a. Walkways shall have a minimum clear unobstructed width of six feet, be hard surfaced, and paved with concrete, stone, tile, brick, or comparable material.

• b. Where a required walkway crosses driveways, parking areas, or loading areas, it must be clearly identifiable through the use of a raised crosswalk, a different paving material, or similar method.

• c. Where a required walkway is parallel and adjacent to an auto travel lane, it must be raised or separated from the auto travel lane by a raised curb at least four inches high, bollards, or other physical barrier.

J. Objective Design Criteria

1. Building Orientation and Entrances.

• a. Orientation. The main building of a development shall be oriented to face a public street. Building frontages shall be generally parallel to streets. For all residential, retail, and office uses, at least one primary entrance to a ground-floor use shall face the adjacent street right-of-way. Ground-related entrances include entrances to ground-floor uses, residential units, clusters of residential units, lobbies, or private courtyards.

• b. Nonresidential Entrances. Entries shall be clearly defined features of front façades and of a scale that is in proportion to the size of the building and number of units being accessed. Larger buildings shall have a more prominent building entrance, while maintaining a pedestrian scale.

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• c. Transitional Space at Residential Entries. New residential buildings shall provide transitional spaces in the form of stoops, overhangs, and porches between public areas fronting the primary street and entrances. This type of element or equivalent shall be required for each unit or group of units, but no less than one of this type of element shall be provided.

2. Building Articulation . No street frontage wall may run in a continuous plane for more than 20 feet without an opening or offsets, or as approved by the review authority if the project is constrained by unusual parcel size, shape, use, or other features that the responsible review authority accepts as rendering this requirement infeasible. Openings fulfilling this requirement shall have transparent glazing and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces. Offsets shall vary in depth and/or direction of at least 18 inches, or a repeated pattern of offsets, recesses, or projections of similar depth.

A. Purpose and Application.

1. Purpose. The City wishes to enhance the cultural and aesthetic environment of San Luis Obispo and to encourage creativity and an appreciation of the arts and our cultural heritage. Through the establishment of a program of public art funded by private development, the City will promote the general welfare through balancing the community’s physical growth and revitalization with its cultural and artistic resources.

2. Application. The program described in this Section is a mandatory program, and the standards specified are minimum standards for compliance. Participation in the program by itself does not qualify project applicants for consideration of increased project density/intensity as discussed in the Land Use Element of the General Plan. The minimum requirements in this Section Chapter apply to:

• a. All new nonresidential development, defined as commercial, office, and industrial projects, parking structures, and the nonresidential portion of mixed-use projects, having a total construction cost of $100,000 or more, as calculated based on the most recent Building Valuation Data from the Uniform Building Code (UBC).

• b. All expansion of, remodeling of, or tenant improvements to existing eligible buildings when any such work has a total construction cost of $100,000 or more, as calculated based on the most recent Building Valuation Data from the Uniform Building Code (UBC).

3. Exceptions. The following development activities shall be exempt from the requirements of this Section:

• a. Construction, repair, or alteration of buildings to carry out rehabilitation of private property if that rehabilitation is primarily financed with public funds.

• b. Construction, repair, or alteration of buildings to meet City-mandated seismic rehabilitation or fire lateral replacement.

B. Definitions. As used in this Section:

1. “ Public Art Coordinator” shall mean that City employee designated by the City Administrative Officer to be responsible for the City’s visual arts in public places program.

2. “Public Art Jury” shall mean an appointed jury of no fewer than five City residents including, but not limited to, as appropriate, a board member from the San Luis Obispo County arts council, an artist, a business representative, an educator/historian, and a City or advisory body representative.

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• C. Public Art Account. There shall be an account designated for public art, into which shall be deposited all fees paid in compliance with this Section. This account shall be maintained by the City Finance Director and shall be used for the acquisition, installation, and improvement of public art in the City.

• D. Public Art Contribution.

1. On-Site Contribution. The project applicant shall acquire and install public art approved by a public art jury in a public place on or in the vicinity of the development project site. A public place may include City-owned or privately owned land or buildings that are open to the general public on a consistent basis and are of high visibility to the general public. The minimum cost of the public art, including installation, shall be determined by the following allocation:

  - **a.** An amount equal to one-half of one percent of that portion of the total construction costs in excess of $100,000, for each building permit, computed using the latest Building Valuation Data as contained in the Uniform Building Code (UBC) unless, in the opinion of the City’s Building Official, a different valuation measure should be used. 

  - **b.** Should a project consist of multiple buildings with separate building permits, at the City’s option, arrangements may be made to combine the public art requirements in an appropriate manner. 

  - **c.** In no event shall the required cost for public art under this program exceed $50,000 per building permit. 

2. Off-Site Contribution. As an option, the project applicant may acquire and install public art, approved by a public art jury and accepted by the Council, in a City-owned public place not located on or in the vicinity of the development site. The art shall be installed in a location that is open to the general public on a consistent basis and also is of high visibility to the general public. Cost of the public art shall be determined by the allocations contained in subsection A of this Section. Such public art shall be considered a donation to the City.

3. In-Lieu Contribution. In lieu of placement of approved public art, the applicant may pay, as a voluntary alternative, to a public art in-lieu account an amount equal to the program allocation contained in subsection A D.1 of this Section.

E. Application and Review Procedures for Placement of Required Public Art on Private Property.

1. Application. An application for placement of public art on private property shall be submitted as a Director’s Action application and shall include:

• a. Preliminary sketches, photographs, or other documentation of sufficient descriptive clarity to indicate the nature of the proposed public art.

• b. An appraisal or other evidence of the value of the proposed public artwork, including acquisition and installation costs.

• c. Preliminary plans containing such detailed information as may be required by a public art jury to adequately evaluate the location of the artwork in relation to the proposed development and its compatibility to the proposed development, including compatibility with the character of adjacent conforming developed parcels and existing neighborhoods.

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• d. A narrative statement to be submitted to the Director to demonstrate that the public art will be displayed in an area open and freely available to the general public, or that public accessibility will be provided in an equivalent manner based on the characteristics of the artwork or its placement on the site.

2. Review.

• a. The Director shall review the application for compliance with this Section.

• b. The Director shall forward the completed application to the public art coordinator who shall convene a public art jury to review the proposed public art using adopted public art evaluation criteria.

• c. Upon recommendation of the public art jury, the public art application shall be reviewed by the Director and shall meet the findings required for a Director’s Action ( Section XX.XX.XX Chapter 17.108: Director’s Action).

• d. All approvals for placement of public art on private property shall be obtained prior to issuance of a building permit.

F. Application and Review Procedures for Acceptance of Public Art Donated to the City.

1. Application. An application for acceptance of public art to be donated to the City shall include:

• a. Preliminary sketches, photographs, models, or other documentation of sufficient descriptive clarity to indicate the nature of the proposed public art.

• b. An appraisal or other evidence of the value of the proposed public art, including acquisition and installation costs.

• c. A written agreement executed by or on behalf of the artist who created the public art which expressly waives the artist’s rights under the California Art Preservation Act or other applicable law.

• d. Other information as may be required by the public art coordinator to adequately evaluate the proposed donation of public art.

2. Review.

• a. Prior to the issuance of grading and building permits, the applicant shall submit to the Director an application for acceptance of public art donated to the City, in compliance with Section 17.XX.XXX.s ubsection D (Public Art Contribution) of this Section and 17.XX.XX subsection X . F.1 (Application) of this Section.

• b. The Director shall forward the application to the public art coordinator, who shall convene a public art jury to review the proposed public art using adopted public art evaluation criteria.

• c. Upon the recommendation of the public art jury, the public art application shall be reviewed by the Director.

• d. Upon the recommendation of the Director, the application shall be forwarded to the Council, which shall have the sole authority to accept, reject, or conditionally accept the donation

G. Process.

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1. Payment of Art In-lieu Fee. If the payment of an art in-lieu fee is voluntarily elected, the payment, in an amount equal to the program allocation contained in Section 17.xx.xxx. subsection D.3 (In-Lieu Contribution) of this Section shall be paid prior to the issuance of a building permit.

2. Certificate of Occupancy. The following requirements must be met prior to the City’s issuance of occupancy permits.

• a. Full compliance with one of the following:

  • (1) The approved public art has been placed on the site of the approved project, in a manner satisfactory to the Building Official and the public art coordinator; or

  • (2) Donation of approved public art has been accepted by the Council; or

  • (3) In-lieu art fees have been paid.

• b. If public art has been placed on the site of the approved project, the applicant must execute and record with the County Recorder covenants, conditions, and restrictions (CC&Rs) that require the property owner, successor in interest, and assigns to:

  • (1) Maintain the public art in good condition as required by the City’s public art guidelines.

  • (2) Indemnify, defend, and hold the City and related parties harmless from any and all claims or liabilities from the public art, in a form acceptable to the City Attorney.

  • (3) Maintain liability insurance, including coverage and limits as may be specified by the City’s risk manager.

H. Ownership of Public Art.

1. All public art placed on the site of an applicant’s project shall remain the property of the applicant; the obligation to provide all maintenance necessary to preserve the public art in good condition shall remain with the owner of the site.

2. Maintenance of public art, as used in this Section, shall include without limitation, preservation of the artwork in good condition to the satisfaction of the City; protection of the public art against physical defacement, mutilation, or alteration; and securing and maintaining fire and extended coverage insurance and vandalism coverage in an amount to be determined by the City’s risk manager. Prior to placement of approved public art, the applicant and owner of the site shall execute and record a covenant, in a form approved by the City, requiring maintenance of the public art. Failure to maintain the public art as provided in this Section is declared to be a public nuisance.

3. In addition to all other remedies provided by law, in the event the owner fails to maintain the public art, upon reasonable notice, the City may perform all necessary repairs and maintenance or secure insurance, and the costs shall become a lien against the real property.

4. All artwork donated to the City shall become the property and responsibility of the City upon acceptance by the Council.

I. Removal or Alteration of Public Art.

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1. Public art installed on or integrated into a construction project in compliance with the provisions of this Section shall not be removed or altered without the approval of the Council Director.

2. If any public art provided on a development project in compliance with the provisions of this Chapter Section is knowingly removed by the property owner without prior approval, the property owner shall contribute funds equal to the development project’s original public art requirement to the City’s public art in-lieu account, or replace the removed artwork with one that is of comparable value and approved by the Council Director. If this requirement is not met, the occupancy permit for the project may be revoked by the Council Director upon due notice and an opportunity to be heard. The City may, in addition, pursue any other available civil or criminal remedies or penalties.

• A. Height. The height of any railings or parapets, exterior stairways, and other access features such as stairwells or elevators for access to roof decks shall not exceed the maximum allowable building height for the structure, including exceptions allowed by Section XXX 17.70.080 (Height Measurement and Exceptions).

• B. Furniture. No furniture or equipment, including chairs, mattresses, couches, recreational furniture, or other materials may be placed on any roof, patio cover, carport, shed top, or similar structure, except for the following.

  1. Roof-top equipment, including antennas, satellite dishes, masts, poles, heating, ventilation, air conditioning equipment, and similar devices that are designed for roof-top installation, and were lawfully installed, may remain on the roof as long as they are properly maintained.

  2. Furniture or other equipment may be placed on a roof deck or other similar place that was lawfully designed and created for such use. All such furniture and accessories located on a roof deck shall be secured as necessary to prevent wind damage or dislocation.

C. Performance Standards.

1. Lighting. Lighting for rooftop uses shall be appropriately designed, located, and shielded to not negatively impact any adjacent residential uses. See also Section 17.70.100 (Lighting and Night Sky Preservation).

2. Noise. All rooftop decks shall be designed to minimize adverse impacts to surrounding properties in compliance with the City’s noise regulations (Chapter 9.12: Noise Control).

3. Hours of Operation.

• a. C-N and O Zones. Nonresidential rooftop uses shall be allowed to operate from 7:00 AM to 8:00 PM. Operation outside of these allowed hours shall require a Minor Use Permit to ensure that the commercial rooftop use will not negatively impact surrounding residential uses.

• b. All Other Nonresidential Zones. Nonresidential rooftop uses shall be allowed to operate from 7:00 AM to 10:00 PM. Operation outside of these allowed hours shall require a Minor Use Permit to ensure that the commercial rooftop use will not negatively impact surrounding residential uses.

• c. General. Rooftop decks and activities shall also comply with restrictions for development subject to Edge Conditions regulations (Section 17.XX Edge Conditions). C ommercial hours of operation for rooftop uses also may be restricted upon evidence of a substantiated compliant.

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D. Edge Conditions Where a rooftop deck is located on a property adjacent to a zone receiving transition, as defined in Section 17.70.050 (Edge Conditions), rooftop decks and activities shall also comply with Section 17.70.050.D.4 (Rooftop Open Spaces).

• A. Purpose . These regulations are established to regulate the installation of dish-type satellite antennas to help protect public safety and preserve view corridors and neighborhood character.

• B. Residential Performance Standards. The installation of dish-type antennas may be allowed in all residential zones, subject to the following criteria. Dish-type satellite antenna installations that are less than one meter in diameter are exempt from these regulations unless proposed on a historic building.

  1. Antenna siz e: . Maximum diameter shall be 10 feet.

  2. Setbac k:. No part of a satellite dish antenna may be located in any required setback area, any side yard area between a street and the primary residence, or any front yard area.

  3. Heigh t: . Maximum antenna height shall be 13 feet.

  4. Roof-mounted. Roof-mounted installations or pole-mounted installations attached to eaves are prohibited except by approval of a Director’s Action.

  5. View Preservation. Any antenna that may block significant views from neighboring buildings or from public areas, as determined by the Director, shall be subject to review by the Architectural Review Commission.

  6. Screening. All satellite dishes higher than side or rear yard fences shall be screened from view from neighboring properties.

• C. Commercial Performance Standards. The installation of dish-type satellite antennas may be allowed in the office, commercial, and industrial zones, subject to the following criteria:

  1. Installation shall be subject to architectural review in compliance with the adopted Architectural Review Commission ordinance and guidelines.

  2. Installations shall not be allowed within setback area of any yard adjacent to a public street.

  3. Installations shall be located to minimize visibility from adjoining properties and rights-of-way.

D. Exceptions.

1. Dish-type satellite antenna installations that are less than one meter in diameter are exempt from these regulations unless proposed on a historic building. For proposed installations on historic buildings, review by the Architectural Review Commission shall be required.

2. Dish-type satellite antenna installations that cannot meet the performance standards included in subsections B and C of this Section may be considered through review by the Architectural Review Commission. Conditions imposed as part of the approval would typically include requirements to minimize the visibility of the installation, including blockage of significant public and private views of hillsides, City vistas, or open space areas. Acceptable techniques to reduce the visibility of dish installations include use of alternative materials (wire mesh instead of solid surface), painting the dish in a subdued or natural color, and landscaped screening.

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• E. Open Space/Conservation Standards. The installation of dish-type satellite antennas may be allowed in the open space/conservation zone subject to architectural review in compliance with adopted Architectural Review Commission ordinances and guidelines.

• F. Building Permit Required. All satellite dish installations require issuance of a building permit. This is to ensure that dishes are structurally sound and properly grounded. Plans submitted for a building permit for a roof-mounted or pole-mounted installation require certification by a registered engineer.

• A. Purpose. This Chapter S ection establishes standards for the measurement of setbacks and required setback areas. These provisions, in conjunction with other applicable provisions of the Zoning Regulations, are intended to help determine the pattern of building masses and open areas within neighborhoods. They also provide separation between combustible materials in neighboring buildings. Setback areas are further intended to help provide landscape beauty, air circulation, views, and exposure to sunlight for both natural illumination and use of solar energy.

B. Measurement of Setbacks.

1. General. All setback distances shall be measured at right angles from the designated property line to the building or structure, and the setback line shall be drawn parallel to and at the specified distance from the corresponding front, side, or rear property line. Exception: Where the front property line is located beyond the curb (i.e., within a street or common driveway), the front setback is defined as the minimum distance between a structure and the edge of curb.

2. Building Height and Setbacks. The height of a building in relation to setback standards is the vertical distance from the ground to the top of the roof, measured at a point that is a specific distance (the setback distance) from the property line. Height measurements shall be based on the existing topography of the site before grading for proposed on-site improvements. Where building height is linked to a minimum setback, that setback shall apply to the building incrementally and shall not require a clear-to-sky setback for the entire building. Rather, the setback requirements allow the building to be stepped back incrementally consistent with the required setback distance based on building height.

3. Sloped Lots. For sloped lots, the measurement shall be made as a straight, horizontal line from the property line to the edge of the structure, not up or down the hill slope.

4. Flag Lots. For flag lots, the pole portion of the parcel shall not be used for defining setback lines.

• C. Allowed Projections into Required Setback Areas. The following features are allowed projections into required setback areas:

  • 1 . Utility Structures. Adequately screened components of public utility systems may be located within front and street side setbacks when approved by Director’s Action.

  2. Fences, Walls, and Hedges. Fences, walls, and hedges may occupy setbacks to the extent provided in Section 17. XX.XXX 70.070 (Fences, Walls, and Hedges). Vegetation may also be controlled by the California Solar Shade Control Act.

  3. Arbors and Trellises. Arbors and trellises may occupy setbacks subject to the extent provided in Section 17. XX.XXX 70.070 (Fences, Walls, and Hedges). Arbors and trellises shall not be connected to or supported

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by a building, nor be designed to support loads other than vines or similar plantings. They are not considered structures for zoning purposes and shall not be used as patio covers.

4. Signs. Signs in conformance with the sign regulations codified in Chapter 15.40 (Sign Regulations) of the Municipal Code may occupy setbacks to the extent provided in that Chapter.

5. Architectural Features . The following and similar architectural features may extend into a required setback no more than 30 inches:

• a. Cornices, canopies, eaves, buttresses, chimneys, solar collectors, shading louvers, reflectors, water heater enclosures, and bay or other projecting windows that do not include usable floor space (see Figure 12: Architectural Feature Projections into Required Setbacks).

Figure 3-12: Architectural Feature Projections into Required Setbacks

==> picture [131 x 187] intentionally omitted <==

• b. Uncovered balconies, uncovered porches, and decks may extend into the required setback not more than four feet or one-half the required setback distance, whichever is less. Fire escapes, exit stairs, or other required exits may be required to meet greater setbacks to comply with Building Code requirements.

• c. Planters and similar features less than 30 inches in height may be located within the required setbacks.

6. Mechanical Equipment. Mechanical equipment shall comply with required setbacks, with the following exceptions:

  - **a.** Tankless water heaters may encroach into the required side and rear setbacks by 30 inches. 

  - **b.** Mechanical equipment serving swimming pools, spas, and water features shall be set back not less than three feet from a side or rear property line.  All such equipment shall be acoustically shielded to comply with Chapter 9.12 (Noise Control) of the Municipal Code. 

  - **c.** All ground-mounted heating and air conditioning equipment shall be set back not less than five feet from any side or rear property line and shall comply with Chapter 9.12 (Noise Control) of the Municipal Code. 

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7. Trash Enclosures. Enclosures that have been approved in conjunction with Development Review or a discretionary review process may be located within a required side or rear setback, provided no part of the enclosure is less than three feet from any right-of-way or adopted setback line.

8. Accessory Structures. Accessory structures less than 120 square feet in size may be located within a required side or rear setback, provided no building, electrical, or plumbing permits are required for the structure.

10. 8. Vehicle Parking. Vehicle parking in front yard areas (as defined in Chapter XX: Definitions Section 17.158.016: F Definitions) of residential properties shall conform to Section 17.17.055 17.76.040 (Front Yard Parking). No person shall stop, park, or leave standing any vehicle, whether attended or unattended, within any front or street side setback or upon any unpaved surface as defined in this Section and Section 12.38.040 (Parking and Driveway Standards).

Chapter XX: Definitions~~ Section 17.158.016: F Definitions) of residential properties shall conform to Section 17.17.055 17.76.040 (Front Yard Parking). No person shall stop, park, or leave standing any vehicle, whether attended or unattended, within any front or street side setback or upon any unpaved surface as defined in this Section and Section 12.38.040 (Parking and Driveway Standards).

11. 9. Unenclosed Parking Spaces in Side and Rear Setbacks. Unenclosed parking spaces and parking aisles may be located within side and rear setbacks. For residential properties, parking spaces may not be located within the front yard area unless consistent with Section 17.17.0551 7.76.040 (Front Yard Parking).

12. 10. Enclosed and Unenclosed Parking Spaces in Front and Street Side Setback Prohibited. In no case shall an enclosed parking space or required parking space from which vehicles exit directly onto the street be located less than 20 feet from the street right-of-way or setback p roperty line, except as provided in subsection XX.XXX.XXDB ( Discretionary E xceptions to Setback Requirements) of this Section, or as provided in Section 17. 17.0557 6.040. D (Single Car Garages and Single Car Parking). In no case shall a parking space encroach on a public sidewalk.

13. 11. Landscaping in Setbacks. Required setbacks with City-required landscape plans and storm water facilities shall be landscaped and maintained in compliance with approved plans.

D. Exceptions to Setback Requirements

1. Exceptions Entitled to Property Due to Physical Circumstances.

• a. Front and/or Street Side Setback Averaging in Developed Areas. Where these Zoning Regulations require front and/or street side setbacks and where buildings have been erected on at least one-half of the lots in a block as of the effective date of the regulations codified in this Section, the minimum required front and/or street side setback shall be the average of the front and/or street side (as applicable) setback of the developed lots, but in no case less than 10 feet nor more than would otherwise be required. Averaging does not apply to enclosed parking structures.

• b. Reduced Front or Street Side Setback for New Structure Providing Additional Creek Setback. Where a new structure provides a rear or side creek setback larger than required by these Zoning Regulations, the required front and/or street side setback, respectively, shall be reduced by one foot for each one foot of additional creek setback, so long as the front and street side setback is at least one-half that required by the zone in which the property is located. Refer to the front and street side setback standards for each zone in Chapters X – X 17.12 through 17.64, inclusive.

ng Regulations, the required front and/or street side setback, respectively, shall be reduced by one foot for each one foot of additional creek setback, so long as the front and street side setback is at least one-half that required by the zone in which the property is located. Refer to the front and street side setback standards for each zone in Chapters X – X 17.12 through 17.64, inclusive.

• c. Setbacks Adjacent to an Alley. The standards provided r equired in for interior side and rear setbacks Table 3-X (Minimum Side and Rear Setbacks in R-1 and R-2 Zones), Table 3-X (Minimum Side and Rear Setbacks in R-3, R-4, O, and C-N Zones), and Table 3-X (Minimum Side and Rear Setbacks in C/OS, PF, C-C, C-D, C-R, C-T, C-S, M, and BP Zones) of subsection XX.XXX.XX.B (Interior and Rear Setbacks) shall apply along alleys. However, zero setback is allowed for required surface parking spaces.

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• d. Rear Setback on Through Lots. On through lots, the minimum rear setback shall be the equivalent to the minimum required front setback.

2. Discretionary Exceptions. Discretionary exceptions to setback requirements shall require a Director’s Action and meet the findings required for a Director’s Action ( Section XX.XX.XXC hapter 17.108), as well as any findings indicated below for an individual exception.

• a. Reduced Front and Street Side Setbacks . Upon approval of a Director’s Action, or in conjunction with tandem parking approval, the Director may allow front and/or street side setbacks to be reduced to zero for unenclosed parking spaces. Front and street side setbacks may be reduced to 10 feet for structures, including side-loaded carports and garages. However, no driveway shall be less than 18 feet six inches deep, as measured from the sidewalk to face of a garage, or where no sidewalk exists, the outer edge of the street, to accommodate a parked car in the driveway without overhanging onto the public right-ofway.

• b. Variable Front Setbacks in Subdivisions. In new residential subdivisions, the review authority may approve variable front setbacks, to be noted on the approved map, provided the average of the front setbacks on a block is at least 15 feet and no front setback is less than 10 feet. Garages or carports that back directly onto the public right-of-way shall maintain a minimum setback of at least 18 feet six inches, as measured from the sidewalk or where no sidewalk exists, as measured from the outer edge of the public right-of-way, to accommodate a parked car in the driveway without overhanging onto the public right-of-way.

st 15 feet and no front setback is less than 10 feet. Garages or carports that back directly onto the public right-of-way shall maintain a minimum setback of at least 18 feet six inches, as measured from the sidewalk or where no sidewalk exists, as measured from the outer edge of the public right-of-way, to accommodate a parked car in the driveway without overhanging onto the public right-of-way.

• c. Variable Side and Rear Setbacks in New Subdivisions. In new residential subdivisions, the review authority may approve exceptions to the side and rear setback standards, with the exceptions to be noted on the map, provided a separation of at least 10 feet between buildings on adjacent lots will be maintained and an acceptable level of solar exposure will be guaranteed by alternative setback requirements or private easements to ensure the development will comply with solar access standards of General Plan Conservation and Open Space Element Policy 4.5.1.

• d. Other Setback Variations in Previously Subdivided Areas. Upon approval of a Director’s Action, the Director may allow side and rear setbacks to be reduced to zero under either of the following circumstances:

  • (1) When there exists recorded agreement, to the satisfaction of the City Attorney, running with the land to maintain at least 10 feet of separation between buildings on adjacent parcels and the development will comply with solar access standards of General Plan Conservation and Open Space Element Policy 4.5.1; or

  • (2) When the reduction is for either a minor addition to an existing legal structure that is nonconforming with regard to side and rear setback requirements or for a detached single-story accessory structure, provided that all such minor additions and new accessory structures shall comply with applicable provisions of Title 15, Building and Construction (see also Chapter 17 .14 92, Nonconforming Structures) and the Director makes the following findings:

    • (a) In the case of a minor addition, that the minor addition is a logical extension of the existing nonconforming structure;

    • (b) In the case of a detached single-story accessory structure (either new or replacing a previously approved nonconforming structure), that the accessory structure is consistent with the traditional

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development pattern of the neighborhood and will have a greater front and/or street side setback than the main structure;

  - **(c)** That adjacent affected properties will not be deprived of reasonable solar exposure, and the development will comply with solar access standards of General Plan Conservation and Open Space Element Policy 4.5.1; 

  - **(d)** That no useful purpose would be realized by requiring the full setback; 

  - **(e)** That no significant fire protection, emergency access, privacy, or security impacts are likely from the addition; and 

  - **(f)** That it is impractical to obtain a 10-foot separation easement in compliance with subsection (a) of this subsection, above.

• e. Side and Rear Setback Building Height Exceptions. Upon approval of a Director’s Action, the Director may allow exceptions to the side and rear setback standards provided in Table 3-X (Minimum Side and Rear Setbacks in R-1 and R-2 Zones), Table 3-X (Minimum Side and Rear Setbacks in R-3, R-4, O, and C-N Zones), and Table 3-X (Minimum Side and Rear Setbacks in C/OS, PF, C-C, C-D, C-R, C-T, C-S, M, and BP Zones) of subsection XX.XXX.XX.B (Interior and Rear Setbacks) Article 2 for each zone. Such exceptions may be granted in any of the following and similar circumstances, but in no case shall exceptions be granted for less than the minimum setback required:

  • (1) When the property that will be shaded by the excepted development will not be developed or will not be deprived of reasonable solar exposure, considering its topography and zoning;

  • (2) When the exception is of a minor nature, involving an insignificant portion of total available solar exposure;

  • (3) When the properties at issue are within an area where use of solar energy is generally infeasible because of landform shading;

  • (4) When adequate recorded agreement running with the land exists to protect established solar collectors and probable collector locations;

  • (5) When the property to be shaded is a street;

  • (6) Where no significant fire protection, emergency access, privacy or security impacts are likely to result from the exception.

  • (7) The development will comply with solar access standards of General Plan Conservation and Open Space Element Policy 4.5.1.

Any other exception to the height limits requires approval of a variance as provided in Chapter 17. 60 114 (Variances). For height limits of signs, see Chapter 15.40, Sign Regulations.

• A. Purpose. The purpose of this Section is to encourage bicycling, transit use, walking, carpooling, and other modes of transportation (other than by motor vehicle) that can move the City toward achieving modal split goals in the General Plan Circulation Element.

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• B. Application. New nonresidential developments of 10,000 square feet or larger and nonresidential buildings that expand the floor area by 10 percent or more and exceed 10,000 square feet shall provide shower and clothes locker facilities in compliance with the standards of this Section.

C. Standards.

1. Shower and Dressing Areas. A minimum of one shower facility shall be provided in new nonresidential developments with a gross floor area between 10,000 and 24,999 square feet, two showers in projects between 25,000 square feet and 124,999 square feet, and four showers for any project over 125,000 square feet. Dressing areas and lockers shall be provided in close proximity to shower facilities.

2. Floor Area Exemption. Floor area dedicated to showers, dressing areas, and clothes lockers shall not be included in the floor area for calculating the parking requirement or for total floor area for the project.

3. Tenant Improvements. Required showers, lockers, and changing areas shall not be removed during tenant improvements or through subsequent remodeling without the approval of the Director.

• D. Alternative Compliance. Alternative compliance, as established in this subsection, may be applied to all land use classifications.

  1. Upon written request by the applicant, the Director may approve alternative compliance from the provisions of this Section through an approved Director’s Action, which may include, but is not limited to, a reduction or deviation in the number, type, or location of the required bicycle parking, and may include a waiver of the requirement.

  2. Considerations used in the determination may include, but are not limited to:

  - **a.** Physical site planning constraints 
  
  - **b.** Projects that cannot be classified into the provided land use categories 
  
  - **c.** Provision of enhanced shower facilities within the development or use 
  
  - **d.** Inclusion of the site within a larger development for which adequate showers, dressing areas, and clothes lockers are already provided 
  
  - **e.** Projects that exhibit unusual operational characteristics associated with a particular use. 
  
  - **f.** Unforeseen circumstances or individual land use changes
  

• A. A swimming pool shall not be located in a required front setback area nor in any part of a front yard visible from a public street.

• B. A swimming pool shall not be located within five feet of a property line.

• C. Pool equipment shall not be located in a required front setback area or that portion of side setback area located between the front lot line and the rearmost portion of the main building. To minimize the potential impact of noise,

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equipment shall be located not less than 10 feet from any window or other opening into a dwelling or other habitable building on an adjacent property.

• D. Pool equipment shall be enclosed or screened from street and adjoining property view and acoustically shielded to ensure compliance with Chapter 9.12 (Noise Control) of the Municipal Code.

• A. Purpose and Applicability. This Sectio n Chapter establishes standards for the location, development, and operations of trash enclosures to ensure that the storage of trash, green waste, and recyclable materials do not have significant adverse health consequences and do minimize adverse impacts on surrounding properties.

• B. When Required. All new and expanded commercial and industrial projects with a floor area exceeding 500 square feet, all intensifications of commercial and industrial uses, all new multi-unit residential projects located in any zone, and all new mixed-use projects shall be required to provide and maintain at least one trash enclosure. Trash enclosures may be located indoors or outdoors to meet the requirements of this Section.

C. Location.

1. Residential. Outdoor trash enclosures required under this Section for residential projects shall not be located within any required front or street side yard.

2. General. No outdoor trash enclosures shall be located within any public right-of-way, or in any location where it would obstruct pedestrian walkways, vehicular ingress and egress, reduce motor vehicle sightline, or in any way create a hazard to health and safety.

• D. Maintenance. Outdoor trash enclosures required shall be maintained in the following manner:

  1. There shall be the prompt removal of visible signs of overflow of garbage, smells emanating from enclosure, graffiti, pests, and vermin.

  2. Trash enclosure covers shall be closed when not in use.

  3. Trash enclosures shall be easily accessible for garbage and recyclables collection.

  4. Trash enclosures shall be regularly emptied of garbage.

E. Design of Enclosure Area.

1. Each trash enclosure shall be of a material and colors that complement the architecture of the buildings they serve or shall have exterior landscape planting that screens the walls.

2. The interior dimensions of the trash and recyclables enclosure shall provide convenient and secure access to the containers to prevent access by unauthorized persons and minimize scavenging, while allowing authorized persons access for disposal and collection of materials.

3. All outdoor trash enclosures shall have full roofs to reduce storm water pollution and to screen unsightly views. The design of the roof and the materials used shall be compatible with the onsite architecture, with adequate height clearance to enable ready access to any containers.

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4. Designs, materials, or methods of installation not specifically prescribed by this Section may be approved by Director, subject to Director’s Action. In approving such a request, the Director shall find that the proposed design, material, or method provides approximate equivalence to the specific requirements of this Section or is otherwise satisfactory and complies with the intent of these provisions.

• A. Intersection Visibility. At roadway intersections not controlled by a stop sign or traffic signal, no plant, structure, or other solid object over three feet high that would obstruct visibility may be located within the area indicated in Figure 3-13: Intersection Visibility. At controlled intersections, the Director shall determine visibility requirements for proper sight distance.

Figure 3-13: Intersection Visibility

==> picture [248 x 134] intentionally omitted <==

A. Applicability.

1. The provisions of this Chapter Section shall apply to the following landscape projects:

• a. New residential, commercial, institutional, and multi-unit residential development projects with an aggregate landscape area equal to or greater than 500 square feet subject to a building permit, plan check, or Development Review.

• b. Rehabilitated landscapes for residential, institutional, commercial, and multi-unit residential development projects with a landscape area equal to or greater than 2,500 square feet which are otherwise subject to a building permit or Development Review.

2. Homeowners associations and common interest developments’ architectural guidelines (i.e., CC&Rs) shall not prohibit or include conditions that have the effect of prohibiting the use of low water-using plants as a group. Furthermore, the guidelines shall not prohibit the removal of turf nor restrict or prohibit the reduction of turf in lieu of more water-efficient alternatives (California Civil Code Section 1353.8).

3. This Section Chapter shall not apply to:

• a. Registered local, State or Federal historical sites;

• b. Ecological restoration projects that do not require a permanent irrigation system; or

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• c. Plant collections that are part of botanical gardens and arboretums open to the public.

4. Words or phrases used in this Section shall be interpreted so as to give them the meaning they have in common usage and to give this Section its most reasonable application, and as defined in Chapter XX 17.158 (General Definitions) under “Water-Efficient Landscape Standards.”

B. Submittal Requirements.

1. Landscape Design Plan. For the efficient use of water, a landscape shall be designed and planned for the intended function of the project. For each landscape project subject to this Chapter Section, applicants shall submit a landscape design plan that meets the maximum applied water allowance calculation ( defined in Section 1 7.xx.064: M . 158.050 – W Definitions) and design criteria in the City Engineering Standards Uniform Design Criteria for landscaping and irrigation.

2. Irrigation Design Plan. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. For each landscape project subject to this Chapter Section, applicants shall submit an irrigation design plan that is designed and installed to meet design and irrigation efficiency criteria as described in the City Engineering Standards Uniform Design Criteria for landscaping and irrigation.

mponents shall be planned and designed to allow for proper installation, management, and maintenance. For each landscape project subject to this Chapter Section, applicants shall submit an irrigation design plan that is designed and installed to meet design and irrigation efficiency criteria as described in the City Engineering Standards Uniform Design Criteria for landscaping and irrigation.

3. Soils Management Report. To reduce runoff and encourage healthy plant growth, soil amendment, mulching, and soil conditioning recommendations shall be prepared by a licensed landscape architect, licensed landscape contractor, licensed civil engineer, or licensed architect as described in the City Engineering Standards Uniform Design Criteria for landscaping and irrigation.

4. Grading Design Plan. For the efficient use of water, grading of a project site shall be designed to minimize soil erosion, runoff, and water waste as described in the City Engineering Standards Uniform Design Criteria for landscaping and irrigation.

5. Stormwater Management. Stormwater best management practices minimize runoff and increase infiltration, which recharges groundwater and improves water quality. Stormwater best management practices shall be implemented within the landscape and grading design plans to minimize runoff and to increase on-site retention and infiltration. Project applicants shall refer to Chapter 12.08 and the City Engineering Standards for stormwater quality requirements.

• C. MAWA calculation. Based upon the area’s reference evapotranspiration, the ET adjustment factor, and the size of the landscaped area. The estimated total water use shall not exceed the maximum applied water allowance (MAWA). Special landscape areas, including recreation areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0.

D. Implementation Procedures.

1. Development Review Application. For projects that require Development Review, project applicants shall submit the following documentation:

• a. A completed maximum applied water allowance for the conceptual landscape design.

• b. A conceptual landscape design plan that demonstrates that the landscape will meet the landscape design specifications of the City Engineering Standards Uniform Design Criteria for landscaping and irrigation.

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• c. A conceptual irrigation design plan that describes the irrigation methods and design actions that will be employed to meet the irrigation specifications of the City Engineering Standards Uniform Design Criteria for landscaping and irrigation.

• d. A grading plan that demonstrates the landscape will meet the specifications of the City Engineering Standards Uniform Design Criteria for landscaping and irrigation.

2. Building Application. Prior to the issuance of a building permit, project applicants shall submit the following:

• a. A completed maximum applied water allowance form (including appendices and City Engineering Standards) based on the final landscape design plan.

  • b. A final landscape design plan that includes all the criteria required in the City Engineering Standards Uniform Design Criteria for landscaping and irrigation.

  • c. A final irrigation plan that includes all the criteria required in the City Engineering Standards Uniform Design Criteria for landscaping and irrigation.

  • d. A soils management report that includes at a minimum the criteria required in the City Engineering Standards Uniform Design Criteria for landscaping and irrigation.

  • e. A final grading plan that includes all the criteria required in the City Engineering Standards Uniform Design Criteria for landscaping and irrigation.

3. Project Completion. Upon completion of the installation of the landscape and irrigation system and prior to the issuance of the certificate of occupancy, the project applicant shall submit the following:

• a. A certification of completion (including appendices and City Engineering Standards) signed by the professional of record for the landscape and irrigation design certifying that the project was installed in compliance with the City-approved landscape design, irrigation and grading plans and meets or exceeds an average landscape irrigation efficiency of 0.71. The City reserves the right to inspect and audit any irrigation system that has received an approval through the provisions of this Chapter Section.

• b. The project applicant shall develop and provide to the owner or owner representative and the City an irrigation schedule that assists in the water management of the project and utilizes the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the criteria in the City Engineering Standards Uniform Design Criteria for landscaping and irrigation.

• c. A regular maintenance schedule shall be submitted by the project applicant with the certificate of completion that includes: routine inspections, adjustment and repairs to the irrigation system, aerating and dethatching turf areas, replenishing mulch, fertilizing, pruning, and weeding. The maintenance schedule will be provided to the owner or owner representative.