San Luis Obispo Municipal Code Ch. 17.02 Purpose and Applicability of the Zoning Regulations

The provisions of this title shall be known and cited as the “city of San Luis Obispo zoning regulations” or “zoning regulations.” (Ord. 1650 § 3 (Exh. B), 2018)

A. Purpose. The zoning regulations are intended to guide the development of the city in an orderly manner, implement the policies of the general plan, protect and enhance the quality of the natural and built environment, promote the public health, safety and general welfare by regulating the use of land and buildings and the location and basic form of structures, and provide the physical, environmental, economic, and social advantages that result from the orderly planned use of land resources.

B. Authority. The zoning regulations are enacted based on the authority vested in the city of San Luis Obispo and its charter, and the state of California, including but not limited to the State Constitution, Planning and Zoning Law (California Government Code Section 65800 et seq.), and the California Health and Safety Code.

C. The zoning regulations shall apply, to the extent permitted by law, to all property within the limits of the city of San Luis Obispo and to property for which applications for annexation and/or subdivisions have been submitted to the city of San Luis Obispo, including all uses, structures and land owned by any private person, firm, corporation or organization, the city of San Luis Obispo, or other local, state or federal agencies. Any governmental agency shall be exempt from the provisions of the zoning regulations only as required by otherwise applicable state and federal law. The city of San Luis Obispo shall be exempt from the requirements of the zoning regulations for public safety features associated with public projects necessary to protect the public health, safety and welfare. “Public safety features” are defined as structures, architectural elements, devices, barriers, technology, communications, operational resiliency, fencing and/or walls, or other features of a public project that protect the public health, safety and welfare of the community. (Ord. 1750 § 3 (Exh. A), 2025; Ord. 1650 § 3 (Exh. B), 2018)

Land or buildings may be used and structures may be erected or altered only in accordance with the regulations in this title. (Ord. 1650 § 3 (Exh. B), 2018)

The provisions of the zoning regulations, as they existed prior to the effective date of the ordinance codified in this title, are repealed and superseded as provided in the ordinance enacting this title. No provision of the zoning regulations shall validate or legalize any land use or structure established, constructed, or maintained in violation of the zoning regulations as it existed prior to repeal by the ordinance enacting these zoning regulations, except as addressed by nonconformities created by the zoning regulations. (Ord. 1650 § 3 (Exh. B), 2018)

The regulations of this title and requirements or conditions imposed pursuant to this title shall not supersede any other regulations or requirements adopted or imposed by the city, the state of California, or any federal agency that has jurisdiction by law over uses and development authorized by this title. All uses and development authorized by this title shall comply with all other such regulations and requirements. Where conflict occurs between the provisions of this title and any other city ordinance, title, chapter, resolution, guideline or regulation, the more restrictive provisions shall control, unless otherwise specified. (Ord. 1650 § 3 (Exh. B), 2018)

When a project application pursuant to the provisions of the zoning regulations is determined to be subject to the provisions of the California Environmental Quality Act (CEQA), the application shall be reviewed in accordance with the provisions of the zoning regulations, CEQA (Public Resources Code, Section 21000 et seq.), the CEQA Guidelines (Title 14, California Code of Regulations, Section 15000 et seq.), and any environmental guidelines and other applicable rules adopted by the city. (Ord. 1650 § 3 (Exh. B), 2018)

Any design guidelines adopted by the city shall be considered complementary to the development and design standards set forth in the zoning regulations. In the event of any conflict between adopted design guidelines and the provisions of the zoning regulations, the provisions of the zoning regulations shall govern. (Ord. 1650 § 3 (Exh. B), 2018)

Specific plans are designed to meet the requirements of the State Government Code and the city of San Luis Obispo general plan. All uses, buildings, or structures located within a specific plan area shall comply with the provisions of the applicable specific plan. If such provisions conflict with the zoning regulations, the requirements of the adopted specific plan shall take precedence over the zoning regulations. In instances where the specific plan is silent, the zoning regulations shall prevail. (Ord. 1650 § 3 (Exh. B), 2018)

The enactment of the zoning regulations shall not terminate nor otherwise affect vested land use development permits, approvals, or agreements authorized under the provisions of any ordinance or resolution, nor shall violation of any prior ordinance or resolution be excused by the adoption of the zoning regulations. (Ord. 1650 § 3 (Exh. B), 2018)

If any portion of the zoning regulations is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, such determination shall not affect the validity, constitutionality, or enforceability of the remaining portions of this title. The council hereby declares that this chapter and each division, section, subsection, paragraph, subparagraph, sentence, clause, phrase, and portion thereof is adopted without regard to the fact that one or more portions of this chapter may be declared invalid, unconstitutional, or unenforceable. (Ord. 1650 § 3 (Exh. B), 2018)