Chapter 17.08
USES ALLOWED IN SEVERAL ZONES*

Sections:

17.08.010    Temporary uses.

17.08.020    Outdoor sales on commercial and residential lots.

17.08.030    Service stations.

17.08.040    Concurrent sales of motor fuel and alcoholic beverages.

17.08.050    Vending machines.

17.08.060    Electronic game amusement centers.

17.08.070    Mineral extraction.

17.08.072    Mixed use projects.

17.08.080    Public utilities.

17.08.090    Home occupations.

17.08.095    Neighborhood grocery markets.

17.08.100    Child and adult day care.

17.08.110    Homeless shelters.

17.08.115    Safe parking.

17.08.120    Location of pools and pool equipment.

17.08.130    Live/work and work/live units.

17.08.140    Homestay rentals.

*Ord. 1265 § 2 Ex. A, adopted June 21, 1994, amended former Chapter 17.08 §§ 17.08.010—17.08.130, relative to uses allowed in several zones, in its entirety to read as herein set out as §§ 17.08.010—17.08.100. The provisions of former Chapter 17.08 derived from Ord. 1225 § 2 Ex. A (part), 1992; Ord. 1213 § 2, 1992; Ord. 1128 § 1 (part), 1988; Ord. 1124 § 4 Ex. A (part), 1988; Ord. 1122 § 2 (part), 1988; Ord. 1102 § 1 Ex. A (3) (part), (4), 1987; Ord. 1085 § 1 Ex.A (part), 1987; Ord. 1006 § 1 (part), 1984; Ord. 946 § 1 (part), 1983; Ord. 941 § 1 (part), 1982; prior code § 9202.1(A)—(H); and prior code § 4953.

17.08.010 Temporary uses.

A. Purpose and Intent. The provisions codified in this chapter provide for certain temporary and intermittent uses. It establishes standards and procedures to assure that such uses are compatible with their surroundings and the intent of these regulations.

In approving a temporary or intermittent use, the director may establish requirements related to, but not limited to, days and hours of operation, parking, temporary structures, and site planning, in addition to performance standards specified below. The director shall determine the extent to which any permanent on-site parking and other facilities may satisfy the requirements for the proposed use. A temporary use approval is not intended to allow a land use that is not allowed in the primary zoning district, other than in the specific cases listed in subsection C of this section.

The director may refer any proposed temporary or intermittent use to an administrative hearing or to the planning commission for action.

B. Definitions. A “temporary use” is one which is established at a particular location for less than one year. An “intermittent use” is one which occurs no more than ninety days in a year, but which may continue from year to year. Temporary and intermittent uses for businesses shall consist of activities that represent a variation from the normal business operations, e.g., parking lot sales, benefits, and special events. Temporary and intermittent uses are not intended to serve the primary purpose of allowing flexibility from sign regulations or other city codes.

C. Specific Cases.

1. Real Estate Sales Office in Tract. A temporary real estate sales office may be established in a residential development for the initial sale of property in that development, upon written approval by the director. Such an office may be located within a residence or a common or temporary building. If a temporary building is used, it shall be removed upon termination of the use.

2. Mobile Home as Construction Office.

a. A mobile home may be used as a temporary office at a construction site for not more than six months upon written approval of the chief building official subject to any conditions he or she deems necessary to protect health, safety, and welfare. Upon written request received prior to expiration, the use may be continued for six-month periods, not to exceed a total of eighteen months, by the chief building official.

b. An administrative use permit is required to allow a mobile home as a temporary construction office when the mobile home is not located on the same property as the construction site. The same time limitations as stipulated above for an on-site mobile home would apply, with approvals for extensions of the use made by the director. Also with the chief building official’s approval, the mobile home may be occupied by a resident guard or caretaker, provided it is properly connected to city utilities or other safe means of waste disposal is assured.

3. Mobile Home as Temporary Residence at Building Site. Upon written approval by the building official, a mobile home, trailer or recreational vehicle may be parked on a lot and occupied by the lot owner while he/she is building a dwelling on the lot for his/her own occupancy. The mobile home or vehicle shall be connected to the city sewer system or shall be self-contained, with disposal contracted for. Approval shall be for renewable six-month intervals, not to exceed a total of eighteen months.

4. Recreational Vehicle as Temporary Dwelling. A recreational vehicle may be parked in a residential parking space or driveway for periods not to exceed seven days, for the purpose of housing guests of on-site residents only. Such recreational vehicle shall not be parked so as to prevent residents of any other dwellings on the site from using their assigned parking spaces, nor shall it discharge waste or sewage into the city’s sewage system. No hose, electrical cord, pipe, wire, or other device extending from the vehicle may be permitted to encroach on any access easement or sidewalk.

5. Construction Activities. Construction and demolition, including fabrication of building components and other activities normally associated with property development and maintenance, may be conducted in any zone, provided they are pursued according to plans and procedures approved by the chief building official.

6. Educational Conferences. Student housing complexes normally occupied for part of the year may be used during their vacant periods for educational conferences provided an administrative use permit is approved by the director. The occupancy of such facilities during educational conferences shall not exceed the maximum established by any prior city approval for residential occupancy.

7. Parades, Carnivals, Fairs, Festivals. Use of privately owned property for parades, carnivals, fairs, and festivals requires approval of an administrative use permit. Where these events involve public property, coordination with the city clerk’s office is required.

8. Other Temporary or Intermittent Uses. Upon approval of an administrative use permit, the director may approve other temporary or intermittent uses, including but not limited to: musical events, auctions, estate sales, clothing outlet sales, nonprofit benefits, parking lot sales, and car shows. At the discretion of the director, certain small-scale events with limited duration, consisting of activities with no potential to detrimentally affect those working and living in the vicinity, may be allowed through administrative action without a public hearing. (Ord. 1553 §§ 4, 5, 2010; Ord. 1500 § 3 (part), 2007; Ord. 1277 § 4, 1995; Ord. 1265 § 2 Ex. A, 1994)

17.08.020 Outdoor sales on commercial and residential lots.

A. Sales of Christmas Trees and Other Agricultural Products. Upon written approval by the director, premises within nonresidential zones may be used for the sale of Christmas trees, pumpkins, flowers, or seasonal produce, subject to the following requirements and any other conditions that the director deems necessary:

1. Sales shall be limited to Christmas trees, pumpkins, or seasonal produce and related accessory items only, as specified in the letter of approval.

2. Sales of Christmas trees shall not be conducted before Thanksgiving or after December 26th. The duration of pumpkin and seasonal produce sales shall be subject to director approval.

3. The site shall be maintained in a neat and orderly manner at all times. All sales items, sales equipment, temporary power poles, and other temporary structures, and signage shall be kept behind a ten-foot setback from all street rights-of-way and they shall be removed within ten days after the close of the sale. Trash and recycling receptacles shall be provided in a convenient location for customers.

4. A camper or trailer for overnight security may be parked on-site, for the duration of the permit, if kept more than ten feet back from the street right-of-way.

5. A sign permit shall be obtained for any proposed signage. Maximum sign area shall not exceed thirty-two square feet. No bunting strips, banners, flags, whirligigs, or other attention-getting devices shall be displayed on-site without director approval.

6. When the use is temporary or intermittent, the applicant may be required to post a refundable deposit, set by the community development director, with the community development department to assure site clean-up, if necessary. Deposit shall be in the form of a cashier’s check and shall be made prior to occupying the site.

7. Outdoor sales lots are subject to all fire safety measures, including location of fire extinguishers, as required by the Fire Marshal.

8. Any Christmas trees sold for use in public facilities shall be flame-proofed with a state Fire Marshal-approved material by a state-licensed application.

9. Applicant shall obtain a city business tax certificate. A copy of the director’s approval and the business tax certificate shall be posted in a conspicuous location at all times when the use is in operation.

10. The applicant shall secure a building permit for any structure requiring a permit, associated with the use. The plan shall show the proposed vehicular circulation pattern, parking layout, and location of structures. Plans shall also demonstrate compliance with Title 24 requirements for handicap accessibility.

11. The use shall comply with all requirements of the county health department.

12. Restroom facilities shall be provided either on-site or on a nearby property to the satisfaction of the chief building official.

13. No sales or display shall take place in the public right-of-way.

14. Upon written receipt of complaints from the public or the police department, the director’s approval may be scheduled for administrative hearing review. At the public hearing, the hearing officer may add, delete, or modify conditions of approval, or may revoke the approval.

B. Other Outdoor Sales. Outdoor sales of nonagricultural products, such as food carts, barbecues, and swap meets shall be limited to the types of retail sales allowed in the location’s zone. “Outdoor sales” may be temporary, intermittent, or permanent. “Outdoor sales” do not include incidental outdoor display of merchandise associated with a business occupying a building on the site, nor sale of things usually sold outdoors, such as boats, vehicles, and building or landscape materials. (See also Chapter 5.16, Solicitors and Peddlers, and Chapter 5.48, Sales on Streets and Sidewalks.)

1. Other outdoor sales require approval of an administrative use permit, except in cases where the director determines a planning commission use permit would be more appropriate. Parking requirements, setbacks to sales or storage areas, safety and aesthetic screening, and other development standards usually related to buildings shall be established by use permit approval.

C. Garage and Yard Sales. On residentially developed parcels, garage or yard sales are allowed a maximum of four times within a twelve-month period subject to the following requirements:

1. Each garage or yard sale may not exceed three consecutive days.

2. Each unit within multifamily or condominium projects and common interest subdivisions may have up to four garage/yard sales in approved common areas with the permission of the homeowners association for sales within common areas, property owner, or approved property manager.

3. Items shall consist of normally accumulated household items (clothing, furniture, etc.). Items offered for sale may not include items acquired for resale.

4. One on-site sign not to exceed four square feet shall be permitted during the sale. No other signs are permitted in the area and no signs may be displayed in the public right-of-way. On-site signs shall be consistent with applicable sign regulations.

5. Garage/yard sales are not permitted on vacant lots. (Ord. 1591 §§ 10, 11, 2013; Ord. 1265 § 2 Ex. A, 1994)

17.08.030 Service stations.

Service stations are permitted as specified in the zone district regulations, subject to the following conditions:

A. Premises adjoining residential zones shall be screened from such zones by a six-foot-high landscaped visual barrier, subject to the limitations of Section 17.16.050, Fences, walls and hedges.

B. Street frontage between driveways shall have a low wall or other landscape barrier to prevent vehicles from being driven or parked on the sidewalk.

C. Bells or other sound signals shall be turned off between ten p.m. and seven a.m. if the station is adjacent to a residential zone.

D. Pump islands shall be located at least fifteen feet from any street right-of-way line or setback line, except that cantilevered roofs may extend to a point at least five feet from such lines.

E. Repair work shall be done and dismantled vehicles shall be stored inside a building or area screened so that it is not visible from off the premises. (See also Chapter 17.18, Performance Standards, and Section 5.36.020, Alcoholic beverages—Sale prohibited—Exceptions.) (Ord. 1265 § 2 Ex. A, 1994)

17.08.040 Concurrent sales of motor fuel and alcoholic beverages.

Concurrent sales of motor fuel and alcoholic beverages at a service station other than beer or wine are prohibited. The concurrent sales of motor fuel and beer or wine at a service station shall be subject to the approval of an administrative use permit and the following:

A. There shall be no sales of beer or wine for on-site consumption;

B. Beer or wine may be sold only in conjunction with selling groceries and other sundries and convenience items;

C. There shall be no advertisement or display of beer or wine visible from off the premises;

D. No beer or wine shall be displayed within five feet of the cash register or front door;

E. No advertisement of beer or wine shall be displayed at motor fuel islands and no self-illuminating advertising for beer or wine shall be located on buildings or windows;

F. No sales of beer or wine shall be made from a drive-in window;

G. No display or sales of beer or wine shall be made from an ice tub;

H. Employees on duty between the hours of ten p.m. and two a.m. who sell beer or wine shall be at least twenty-one years of age.

I. For purposes of this section, “concurrent sales of motor fuel and beer or wine” shall mean the ability to purchase motor fuel and beer or wine at the same time or at the same place. More specifically, a service station that permits a customer to pay for motor fuel and beer or wine: (1) at the same location, or (2) utilizing a single financial transaction, is engaging in concurrent sales of motor fuel and beer or wine and shall be subject to this section.

J. In order to grant approval of a use permit, the hearing officer must make the following findings in addition to findings contained in Section 17.58.040:

1. The establishment of concurrent sales of motor fuel and beer or wine is consistent with the provisions of the Business and Professions Code Section 23790.5.

2. The sale of beer or wine at this location does not jeopardize the public health, safety or welfare, e.g., will not result in an over concentration of businesses selling or serving alcoholic beverages within the vicinity.

3. The sale of beer or wine at a service station is otherwise allowed within the same zoning district at this location and the sale of beer or wine concurrent with motor fuel would not result in the expansion of a nonconforming use. (Ord. 1553 § 3 (part), 2010; Ord. 1446 § 3, 2004: Ord. 1265 § 2 Ex. A, 1994)

17.08.050 Vending machines.

A. A “vending machine” is a device which dispenses a product or service, either for sale or for free, and which is activated entirely by the receiver of the product or service, including ice machines, cigarette machines, food vending machines, and newspaper racks and the like. Vending machine does not include a motor fuel pump.

B. Indoor vending machines are accessory to allowed uses. Outdoor vending machines are allowed in all commercial (“C”) zones.

1. Vending machines shall be located along the face of a building or against a structure designed to accommodate them;

2. They shall be visible from access drives or public streets;

3. They shall occupy not more than ten percent of the length of the wall facing the street or access drive, or twenty feet, whichever is less;

4. They shall not obstruct private pedestrian walkways; a minimum of forty-four inches shall be kept clear of obstructions, or more if pedestrian traffic volume warrants. They are not allowed on public sidewalks. (Ord. 1266 § 2 Ex. A, 1994)

17.08.060 Electronic game amusement centers.

During the processing of the required use permit for an electronic game amusement center (see Section 17.100.050, Definitions, “E”), the appropriateness of the proposed location and possible land use conflicts created by the use shall be evaluated.

All electronic game amusement centers (hereinafter referred to in this section as “centers”) shall be licensed in accordance with Chapter 5.52 of this code and shall comply with the following requirements and restrictions:

A. Centers shall comply with all applicable laws and conditions of use permit approval;

B. No center shall be allowed:

1. Within one thousand feet of the exterior limits of any public or private elementary school, junior high school of high school;

2. Within five hundred feet of the exterior limits of a PF district or any district where residential use is the principal permitted use;

3. Within five hundred feet of the exterior limits of any premises whereon the principal business is the sale or consumption of alcoholic beverages, including, but not limited to, bars, taverns and liquor stores;

4. Within one thousand feet of the exterior limits of any other premises occupied by another center;

C. No person under eighteen years of age may enter, be or remain in a center during such time as the San Luis Coastal Unified School District is conducting its regular daytime education program;

D. Centers shall have at least one responsible adult supervisor on duty at all times, whose primary responsibility shall be supervision of electronic game play;

E. Noise attenuation measures shall be taken as required by conditions of use permit approval;

F. No person under eighteen years of age may play electronic games at a center located at a place of business where alcoholic beverages are sold, served or consumed;

G. Bicycle racks shall be provided within a reasonable distance of any center and shall provide at least one bicycle stall for each electronic game in the center;

H. Centers shall be closed from two a.m. to six a.m. and for such time as required by conditions of the use permit;

I. Adequate space shall be provided for each electronic game so as to allow its use without overcrowding;

J. Parking shall be as required by the use permit for a center;

K. Facility and Operation Exceptions. Exceptions to any of the requirements listed in this section may be considered during the use permit review process provided the following findings can be made:

1. The requested exception to the facility and operation requirements will not affect the ability of the electronic game amusement center to be compatible with surrounding land uses;

2. The requested exception to the facility and operation requirements will not encourage school-age children from frequenting the electronic game amusement center while the San Luis Coastal Unified School District is conducting its regular daytime education program;

3. The purpose and intent of the facility and operation requirements are still met with the approval of the requested exception. (Ord. 1265 § 2 Ex. A, 1994)

17.08.070 Mineral extraction.

Commercial mining is prohibited within city limits. (Ord. 1365 § 3 (part), 2000: Ord. 1265 § 2 Ex. A, 1994)

17.08.072 Mixed use projects.

This section provides standards for the design of mixed use projects.

A. Design Considerations. A mixed use project shall be designed to achieve the following objectives:

1. The design shall provide for internal compatibility between the different uses.

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 a 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 residential neighborhood in terms of scale, building design, color, exterior materials, roof styles, lighting, landscaping, and signage.

B. Mix of Uses. A mixed use project requires a combination of residential units with any other use, or combination of uses allowed in the applicable zoning district by Section 17.22.010; provided, that where a mixed use project is proposed with a use required by Section 17.22.010 to have use permit approval in the applicable zoning district, the entire mixed use project shall be subject to that permit requirement.

C. Maximum Density. The residential component of a mixed use project shall comply with the maximum density requirements of the applicable zoning district, 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 zoning district, and the following requirements.

1. Location of Units. Residential units shall not occupy ground floor space within the first fifty feet of floor area measured from each building face adjacent to a street, or any ground floor space in the C-D zoning district.

2. Loading Areas. Commercial loading areas shall be located as far as possible from residential units and shall be screened from view from the residential portion of the project to the extent feasible.

3. Refuse and Recycling Areas. Areas for the collection and storage of refuse and recyclable materials shall be located on the site in locations that are convenient for both the residential and nonresidential uses.

E. Performance Standards.

1. Lighting. Lighting for the commercial uses shall be appropriately shielded to not negatively impact the residential units.

2. Noise. All residential units shall be designed to minimize adverse impacts from nonresidential project noise, in compliance with the city’s noise regulations.

3. Hours of Operation. A mixed use project proposing a commercial component that will operate outside of the hours from eight a.m. to six p.m. shall require the director’s approval to ensure that the commercial use will not negatively impact the residential uses within the project.

F. Requirements for Use Permit Projects. A mixed use project that requires use permit approval in compliance with subsection B of this section, or that is located in the C-S or M zoning districts is subject to the following requirements:

1. Property Development Standards. The approval of a use permit for a mixed use project may include:

a. Conditions of approval that require provisions and standards in addition to, or instead of the property development standards of the applicable zoning district to ensure the compatibility of uses and surroundings; or

b. Less restrictive standards than required by the applicable zoning district, to the extent allowed by use permit approval in other sections of these regulations, to make particular use combinations more feasible.

2. Mandatory Findings for Approval. The approval of a use permit for a mixed use project shall require that the review authority first make all of the following findings, as applicable:

a. The project’s mixed uses are consistent with the general plan and are compatible with their surroundings, with neighboring uses, and with each other;

b. The projects design protects the public health, safety, and welfare; and

c. The mixed uses provide greater public benefits than single-use development of the site. This finding must enumerate those benefits, such as proximity of workplaces and housing, automobile trip reduction, provision of affordable housing, or other benefits consistent with the purposes of this section.

3. Mandatory findings for more restrictive standards. To require property development standards more restrictive than those of the underlying zone, the review authority must make one of the following findings:

a. Site-specific property development standards are needed to protect all proposed uses of the site, in particular residential uses; or

b. Site-specific property development standards are needed to make the project consistent with the intent of these regulations; or

c. The preponderance of the development proposed for the site is of a type not normally permitted in the underlying zone, so property development standards for the zone where such development is normally found are appropriate. (Ord. 1553 § 6, 2010; Ord. 1500 § 3 (part), 2007; Ord. 1438 § 5 (part), 2003)

17.08.080 Public utilities.

A. Distribution facilities may be located in any zone; provided, that equipment on the ground in residential zones shall be screened by landscaped visual barriers.

B. Transmission lines may be located in any zone, provided the route is approved by the planning commission.

C. Other unmanned public utility structures may be located in any zone, provided an administrative use permit is approved by the director. (Ord. 1265 § 2 Ex. A, 1994)

17.08.090 Home occupations.

A. Intent. The provisions set forth in this section are intended to allow the conduct of home enterprises which are incidental to and compatible with surrounding residential uses. A “home occupation” is gainful employment engaged in by the occupants of a dwelling.

B. Permit Required.

1. The conduct of a home occupation requires the approval of a home occupation permit by the director, who may establish additional conditions to further the intent of this section. A permit is required when a person does business in his/her home, uses his/her home address as a business address on business licenses and tax certificates, or uses his/her phone as a business phone. Home occupations may be conducted from dwellings located in residential zones or from dwellings located in commercial zones where dwellings are an allowed or conditionally allowed use. Home occupation permits are not required for employees telecommuting.

A public notice shall be posted at the site of each proposed home occupation. If anyone informs the community development department of a question or objection concerning the proposed home occupation that cannot be satisfactorily resolved within five days of the posting, the director shall schedule a hearing for the application as provided for administrative use permits. If no questions or objections are received by the community development department within five days after posting, the director may issue the permit upon submission of all required information and without further notice or public hearing.

2. State-licensed child day care centers for six of fewer children are exempt from home occupation regulations (see State Health and Safety Code, Section 1529.5).

C. General Requirements.

1. Home occupations shall not involve customer access or have characteristics which would reduce residents’ enjoyment of their neighborhoods. The peace and quiet of residential areas shall be maintained.

2. There shall be no customers or clients except for:

a. Private instruction, such as education tutoring, music, or art, on an individual basis, provided there are not more than six students in any one day.

b. Physical therapists, including massage, or other therapists, who shall have no more than one client on-site at any time and no more than six clients in any one day.

c. Attorneys, accountants and other low visitation consultants.

Businesses with customer access shall maintain at least one on-site customer parking space in addition to their required residential parking. For the purposes of this section only, parking in a driveway that has a minimum depth of twenty feet from the back of sidewalk and is made available to customers during business hours of operation shall meet the definition of a parking space.

3. Activities shall be conducted entirely within the dwelling unit or an enclosed accessory building, and shall not alter the appearance of such structures. (Horticultural activities may be conducted outdoors.)

4. There shall be no sales, rental or display on the premises (Internet and phone sales okay).

5. There shall be no signs other than address and names of residents.

6. There shall be no advertising of the home occupation by street address except that street address may be included on business cards and business correspondence originating from the home.

7. No vehicle larger than a van or three-quarter-ton truck may be used in connection with a home occupation. A marked commercial vehicle used in conjunction with the occupation shall have no more than two square feet of advertising. Licensed vehicles and trailers used in connection with a home occupation are limited to one additional vehicle and/or trailer.

8. The home occupation shall not encroach on any required parking, yard, or open space area.

9. Parking for vehicles used in connection with the home occupation shall be provided in addition to parking required for the residence.

10. Activities conducted and equipment or materials used shall not change the fire safety or occupancy classifications of the premises, nor use utilities in amounts greater than normally provided for residential use.

11. No use shall create or cause noise, dust, vibration, smell, smoke, glare, or electrical interference, or other hazard or nuisance.

12. No employees other than residents of the dwelling shall be allowed to work on-site. (Babysitters or domestic servants are not considered employees of a home occupation.)

13. Clients or customers shall not visit the home occupation between the hours of seven p.m. and seven a.m.

14. If the home occupation is to be conducted from rental property, the property owner’s authorization for the proposed use shall be obtained.

15. No delivery or commercial pick-up shall be by vehicles larger than a typical delivery van (Fed Ex, UPS, etc.). Direct customer pick-up is prohibited.

D. Prohibited Uses. The following uses by their operation or nature may interfere with residential welfare and diminish the convenience intended for commercial zones, and therefore shall not be permitted as home occupations; however, off-site work is permitted:

1. Automotive repair (body or mechanical), or detailing, upholstery or painting of automobiles, when performed on the same site as the home occupation;

2. Personal services, such as beauticians and estheticians (see zoning regulations, Chapter 17.100);

3. Carpentry or cabinet making;

4. Welding or machining;

5. Medical offices, clinics, laboratories, except that counseling is permitted, when no more than one client visit or group session is held at one time;

6. Appliance, radio or television repair;

7. Print shops or photograph development; digital photo production is permitted;

8. Gun or ammunition sales, including off-site work and by mail order. (Ord. 1500 § 3 (part), 2007; Ord. 1265 § 2 Ex. A, 1994)

17.08.095 Neighborhood grocery markets.

A. Intent. The standards in this section are intended to assure convenience stores will serve persons who live or work in nearby neighborhoods, and who will normally not need an automobile to get to the market. The standards should ensure that such stores offer adequate food and supplies to attract customers who would otherwise drive to a large supermarket. Limits on hours and alcohol sales and other provisions will prevent such stores from becoming a nuisance to the neighborhood.

B. Standards. The following standards shall apply to all convenience stores:

1. Maximum Size. Gross floor area shall not exceed three thousand square feet per business. Floor area for any accessory residential use shall not be counted toward the allowed store floor area.

2. Height, Setback, and Lot Coverage. Convenience stores shall comply with the height, setback, and coverage requirements for the underlying zone, except that stores in residential zones shall comply with standards for the C-N zone.

3. Loading and Deliveries. One curbside or off-street loading space shall be provided per business. Loading and deliveries is permitted only between the hours of eight a.m. and nine p.m.

4. Hours of Operation. Convenience stores shall open for business no earlier than seven-thirty a.m., and shall close no later than ten p.m.

5. Alcohol Sales. Convenience stores within residential zones shall be prohibited from selling alcoholic beverages of any kind.

6. Performance Standards. Convenience stores shall comply with Chapter 17.18, Performance Standards. In addition, all exterior trash enclosures, outdoor storage, heating or cooling equipment, refrigerators, and similar equipment shall be visually screened, and located and/or designed to avoid noise, odor, glare, or vibration impacts to neighboring properties.

7. Architectural Review. Convenience stores shall be compatible with neighboring structures in terms of scale, massing, architectural style or character, colors and materials, access, exterior lighting and landscaping. Exterior changes shall require architectural review, as provided in Chapter 2.48 of this code. (Ord. 1553 § 3 (part), 2010; Ord. 1438 § 8 (part), 2003; Ord. 1265 § 2 Ex. A, 1994)

17.08.100 Child and adult day care.

A. Intent. The provisions set forth in this section are intended to enable child and adult day care opportunities throughout the city, to ensure that day care facilities will be compatible with residential uses, and to comply with applicable sections of the Health and Safety Code of the state of California.

B. Permits Required.

1. Adult day care facilities serving six or fewer clients on-site at one time and small family day care homes for eight or fewer children are considered residential uses for the purposes of zoning regulation. They may be established in all zones where dwellings are allowed. No use permit is required.

2. Adult day care facilities serving seven to twelve clients on-site at one time and large family day care homes for children may be established in any zone where dwellings are allowed, subject to performance standards listed below. These facilities require written approval by the community development director, consistent with the following review procedures:

a. Public Notice. Mailed notice of the proposed use shall be given to all property owners within no more than a one-hundred-foot radius of the exterior boundaries of the proposed facility site, no fewer than ten days prior to the director’s action to approve or deny an application for a day care facility serving seven to twelve adults or nine to fourteen children. If no written request for hearing is received by the community development department within ten days from the mailing of these notices, the director may approve the requested use upon submission of all required information and without further notice or public hearing.

b. Public Hearing. A public hearing shall be required if requested in writing by the applicant or any other affected person.

c. Approval. The director is authorized to approve day care facilities serving seven to twelve adults or nine to fourteen children, subject to the appeal provisions of Chapter 17.66 of this title. In accordance with applicable sections of the California Health and Safety Code, the director shall approve the use when he or she determines that the proposed facility:

i. Complies with all applicable provisions of the fire code regarding health and safety; and

ii. Complies with property development standards contained in Chapter 17.16 of this title and with city sign regulations; and

iii. Has been issued a day care license from the state of California Department of Social Services; and

iv. Will satisfy performance standards of this section relating to noise, traffic, and parking.

3. Day care facilities serving more than twelve adults or more than fourteen children require approval of an administrative use permit where not otherwise allowed or prohibited, consistent with Section 17.22.010, Uses Allowed by Zone, and Chapter 17.58, Use Permits. These facilities are subject to the performance standards outlined below.

C. Performance Standards for Day Care Facilities Serving More Than Six Adults or More Than Eight Children.

1. Noise. The day care facility shall be subject to all applicable provisions of the Noise Ordinance (Chapter 9.12 of this code). Where the day care facility is adjacent to housing in a residential zone, outdoor play and activities shall be prohibited prior to nine a.m.

2. Traffic. Designated delivery and pick-up areas shall not pose any traffic or safety hazards. Operators of day care facilities shall provide carpool-matching services to all clients.

3. Parking.

a. Day care facilities with seven to twelve adults or nine to fourteen children: one on-site parking space is required, in addition to parking required for the residence, except when the director finds that adequate on-street parking exists for dropping off and picking up clients.

b. Day care centers with more than twelve adults or more than fourteen children must provide two spaces per facility and one space for each twelve day care clients (based on the facility’s license), rounded to the nearest whole number, in addition to any spaces required for the residential use if the center is located in a home. See Section 17.16.060 of this title.

D. Day Care as an Accessory Use. When day care facilities are accessory to another use requiring a permit, only one permit application need be filed and acted on. As accessory uses to schools and churches, and where an employer provides on-site child care to fourteen or fewer children for the exclusive use of employees, day care is allowed by right, providing the primary use meets city parking standards.

E. Exceptions. Nothing in this section shall prohibit applicants from requesting exceptions or variances from the strict interpretation of the zoning regulations to the extent allowed by said regulations. The director may authorize minor exceptions to performance standards upon finding that:

1. The modification is in accordance with the intent and purpose of the zoning regulations, and consistent with city day care policy.

F. Nonconforming Status. All day care facilities licensed by the state at the time of ordinance adoption (1992) shall be considered legal nonconforming uses, consistent with Chapter 17.10 of this code; except, that nonconforming day care facilities may not be changed to another nonconforming use. (Ord. 1365 § 3 (part), 2000: Ord. 1265 § 2 Ex. A, 1994)

17.08.110 Homeless shelters.

The requirements of this section are for homeless shelters within the PF zone which may be established without use permit review. Homeless shelters in other zones, which require use permit review, will be reviewed in the context of the city’s good neighbor policy and may be subject to conditions of approval with requirements that vary from these standards.

A. The shelter shall be operated by a responsible agency or organization, with experience in managing or providing social services.

B. The shelter shall provide at least one qualified on-site supervisor at all times, plus one attendant for each fifty occupants.

C. A homeless shelter shall not be approved when another homeless shelter exists within three hundred feet of the proposed site. This requirement may be modified by use permit.

D. Homeless shelters proposed adjacent to residential neighborhoods shall require architectural review to ensure the shelter design provides for adequate privacy between uses and minimizes potential impacts of the proposed shelter to adjacent residences.

E. Parking shall be supplied at a ratio of one vehicle space per ten beds, and one secured bicycle parking area designed to accommodate up to one bicycle per ten beds.

F. Each homeless shelter shall be limited to a maximum occupancy of two hundred fifty persons (in total), including warming shelters and daytime facilities.

G. A management plan shall be required to address how the immediate sheltering needs of individuals who may be turned away from the shelter will be handled. The management plan shall establish a maximum length of time for which clients may be accommodated. (Ord. 1602 § 4, 2014; Ord. 1571 § 3, 2012; Ord. 1553 § 7, 2010: Ord. 1265 § 2 Ex. A, 1994)

17.08.115 Safe parking.

A. Purpose and Intent. Safe parking provides homeless individuals and families with vehicles a safe place to temporarily park overnight in order to facilitate the transition to permanent housing. The provisions set forth in this section enable safe parking in certain zoning districts in the city subject to specific performance standards and permit requirements. These standards and requirements are intended to ensure that safe parking facilities will be compatible with surrounding uses and effective at facilitating participants’ transition to permanent housing.

B. Definitions.

1. “Safe parking” means a parking program, operated on property located outside of the public right-of-way and managed by a social service provider that provides individuals and families with vehicles a safe place to park overnight while working towards a transition to permanent housing.

2. “Social service provider” means an agency or organization licensed or supervised by any federal, state or local health/welfare agency that participates in the federal Homeless Management Information System (HMIS) and has demonstrated experience with the homeless population by assisting individuals and families achieve economic self-sufficiency and self-determination through a comprehensive array of programs and actions.

3. “Case management” means a system for arranging and coordinating care and services whereby a case manager assesses the needs of the client and client’s family and arranges, coordinates, monitors, and advocates for services to meet the client’s needs.

4. “Self-sufficiency program” means a program designed to assist individuals and families in meeting their basic needs and address any substance dependency and mental health issues so that they do not need to rely on emergency public or private assistance.

5. “Background check” means a criminal records check from a variety of public sources that would provide information regarding an individual’s possible criminal history.

C. Permit Required.

1. Planning Commission Use Permit Required. The establishment of a safe parking use shall require planning commission use permit approval where allowed, consistent with Table 9.

D. Application Requirements. Whenever a social service provider (or, if the social service provider is not the property owner, a property owner who is affiliated with or can qualify as a social service provider) submits a planning commission use permit application for consideration, as a part of said application, sufficient information shall be submitted to the community development department to determine whether the proposed safe parking facility complies with the provisions of this section. In addition to the required planning commission application checklist items, the application shall include the following:

1. Site plan indicating the location of trash and recycling facilities, water, restroom facilities, exterior light fixtures, location and distances to residential properties, public transportation, and location of designated overnight parking spaces.

2. Hours of operation.

3. Monitoring and oversight program.

4. Neighborhood relations plan.

5. Sufficient information to determine that the applicant is a social service provider that is qualified to operate a safe parking program or is affiliated with a social service provider that demonstrates the experience and qualifications to manage the site and meet the performance standards set forth in this chapter.

6. Any other information the community development director may determine is necessary to ensure compliance with the provisions of this section.

E. Performance Standards.

1. Social Service Provider. Safe parking facilities shall be managed by a qualified social service provider, subject to the approval of the community development director.

2. Case Management. Participants must be paired with a case manager and enrolled in a self-sufficiency program to facilitate the transition to permanent housing.

3. Background Check. Prospective participants shall submit to a criminal history background check. Participant exclusion shall be determined by the social service provider on a case-by-case basis.

4. Restroom, Water and Trash Facilities. Restroom, water and trash facilities shall be provided, maintained and accessible to participants during safe parking facility hours.

5. Residency Preference. Social service provider shall give preference to those with proof of residency in San Luis Obispo County for a minimum period of six months within the last two years. Evidence of residency may include, but not limited to, items such as rental agreements, mortgage, utility, hotel and medical facility bills, paystubs and intake from homeless service programs.

6. Buffer from Residential Use. Participant vehicles shall maintain a minimum buffer of fifty feet from any property that contains a residential use. Buffers less than fifty feet may be permitted through the use permit review process on a case-by-case basis when determined to be compatible with the neighborhood. Buffers greater than fifty feet may be necessary for neighborhood compatibility, which will be determined on a case-by-case basis as part of the use permit review process.

7. Authorized Vehicles Only. Social service provider shall ensure that only vehicles registered in the program are parked overnight during program hours. A parking permit shall be provided to all participants to be displayed in vehicle windows in a form to be approved by the public works director.

8. Participant Information. At all times, the social service provider shall maintain a roster of the names and vehicle license numbers of each participant who is authorized to park overnight.

9. Written Agreement with Participants. Only participants who have entered into a written agreement with a social service provider shall be allowed to use parking spaces overnight. The written agreement between the social service provider and participant must include, but not limited to, the following terms and conditions:

a. Only one vehicle is allowed per participant.

b. At least one participant per vehicle shall possess a current driver’s license, vehicle registration, and insurance for the vehicle that will be parked overnight. Social service provider shall keep a copy of all three on record.

c. Vehicles may only be occupied by participants and approved registered household members. Guests shall not be allowed.

d. Participants shall not use or possess any illegal drugs or alcohol either on their person or in their vehicle.

e. Participants shall not use or possess any weapons or firearms of any kind in program vehicles.

f. No fires of any kind shall be permitted.

g. No music may be played that is audible outside participants’ vehicles.

h. No cooking or food preparation shall be performed outside of the participants’ vehicles. Cooking inside vehicles is prohibited unless the vehicle was manufactured with cooking appliances.

i. Camping tarps or equipment beyond the participant’s vehicle are prohibited.

j. Participants shall maintain control of animals. Animals shall be kept on a leash at all times and animal waste shall be picked up immediately and disposed of properly.

k. Participants shall not dump sewage or other waste fluids or solids, deposit excreta outside a vehicle, or park vehicles that leak excessive fluids (i.e., gasoline, transmission or radiator fluid, or engine oil).

F. Use Permit Considerations. Items to be determined by the planning commission as part of the use permit review process on a case-by-case basis shall include, but are not limited to, the following:

1. Number of Vehicles Allowed. The total number of vehicles allowed at each safe parking facility location.

2. Hours of Operation. The days and hours of safe parking facility operation.

3. Separation between Facilities. Sufficient distance between existing and proposed safe parking facilities.

4. Neighborhood Relations Plan. A neighborhood relations plan shall be provided for each safe parking facility location to address any complaints in a timely manner, including consistency with any adopted good neighbor policy.

5. Monitoring and Oversight. Monitoring and oversight shall be provided during safe parking facility hours.

6. Restroom, Water and Trash Facility Plan. A restroom, water and trash facility plan shall be provided and include the location, hours of availability and maintenance program for site facilities.

G. Revocation of a Permit. The use permit can be referred to the planning commission if determined by the community development director upon receipt of substantiated written complaints from any citizen, code enforcement officer, or police department officer, which includes information and/or evidence supporting a conclusion that a violation of the use permit, or of city ordinances or regulations applicable to the property or operation of the facility, has occurred. At the time of use permit review, to ensure compliance with applicable laws and conditions of use permit, conditions of approval may be added, deleted, modified, or the use permit may be revoked. (Ord. 1592 § 3, 2013)

17.08.120 Location of pools and pool equipment.

A. A swimming pool shall not be located in a required front or side yard.

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 yard or that portion of side yard located between the front lot line and the rearmost portion of the main building. To minimize the potential impact of noise, equipment shall be located not less than ten 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. (Ord. 1346 § 3 (part), 1999)

17.08.130 Live/work and work/live units.*

A. Purpose. This section provides standards for the development of live/work and work/live units, and for the reuse of existing commercial and industrial structures to accommodate these units. Live/work and work/live units are intended to be occupied by business operators who live in the same structure that contains the commercial activity or industry. A live/work unit is intended to function predominantly as living space with incidental accommodations for work-related activities that are beyond the scope of a home occupation. A work/live unit is intended to function predominantly as work space with incidental residential accommodations that meet basic habitability requirements.

B. Application Requirements. The establishment of a work/live unit within the CS or M zones shall require approval of an administrative use permit. The applicant shall submit application materials and fees as required by the community development department.

C. Limitations on Use. The nonresidential component of a live/work or work/live project shall be a use allowed within the applicable zone by Section 17.22.010 (Uses allowed by zones) subject to the following additional limitations:

1. Prohibited Uses. A live/work or work/live unit shall not be established or used in conjunction with any of the following activities:

a. Adult businesses; or

b. Vehicle maintenance or repair (e.g., body or mechanical work, including boats and recreational vehicles), vehicle detailing and painting, upholstery, etc.).

2. Live/Work Unit. A live/work unit shall not be established or used in conjunction with any of the following activities:

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

b. Welding, machining, or any open flame work;

c. Any use defined by Chapter 17.100 (Definitions) as “Manufacturing – Heavy”; and

d. Any other activity or use, as determined by the director to not be compatible with residential activities and/or to have the possibility of affecting the health or safety of live/work unit residents, because of the potential for the use to create dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration or other impacts, or would be hazardous because of materials, processes, products, or wastes.

D. Density. Live/work and work/live units shall comply with the maximum density requirements of the applicable zoning district.

E. Design Standards.

1. Floor Area Requirements. No more than sixty percent of the total floor area of a live/work unit or forty percent of the total floor area of a work/live unit shall be reserved exclusively for living space. All floor area other than that exclusively reserved for living space shall be regularly used for working space.

2. Separation and Access. Each live/work or work/live unit shall be separated from other units and other uses in the structure. Access to each unit shall be provided from common access areas, corridors, or halls; and the access to each unit shall be clearly separate from other live/work or work/live units or other uses within the structure.

3. Facilities to Accommodate Commercial or Industrial Activities. A live/work or work/live unit shall be designed to accommodate commercial or industrial uses as evidenced by the provision of ventilation, interior storage, flooring, and other physical improvements of the type commonly found in exclusively commercial or industrial facilities used for the same work activity.

4. Integration of Living and Working Space. Areas within a live/work or work/live unit that are designated as living space shall be an integral part of the live/work or work/live unit and not separated (or occupied and/or rented separately) from the work space, except that mezzanines and lofts may be used as living space subject to compliance with the other provisions of this section, and living and working space may be separated by interior courtyards or similar private space.

5. Mixed Occupancy Buildings. If a building contains mixed occupancies of live/work or work/live units and other nonresidential uses, occupancies other than live/work or work/live shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between the live/work or work/live units and other occupancies, as determined by the chief building official.

6. Parking. Each live/work or work/live unit shall be provided at least two off-street parking spaces. The review authority may modify this requirement for the use of existing structures with limited parking.

F. Operating Requirements.

1. Occupancy. A live/work or work/live unit shall be occupied and used only by the operator of the business within the unit, or a household of which at least one member shall be the business operator.

2. Sale or Rental of Portions of Unit. No portion of a live/work or work/live unit may be separately rented or sold as a commercial space for any person not living in the premises or as a residential space for any person not working in the same unit.

3. Notice to Occupants. The owner or developer of any building containing work/live units shall provide written notice to all occupants and users that the surrounding area may be subject to levels of noise, dust, fumes, or other effects associated with commercial and industrial uses at higher levels than would be expected in residential areas. State and federal health regulations notwithstanding, noise and other standards shall be those applicable to commercial or industrial properties in the applicable zone.

4. Nonresident Employees. Up to two persons who do not reside in the live/work or work/live unit may work in the unit unless this employment is prohibited or limited by the administrative use permit. The employment of three or more persons who do not reside in the live/work or work/live unit may be permitted subject to use permit approval, based on additional findings that the employment will not adversely affect traffic and parking conditions in the site vicinity. The employment of any persons who do not reside in the live/work or work/live unit shall comply with all applicable building code requirements.

5. Client and Customer Visits. Client and customer visits to live/work or work/live units are permitted subject to any applicable conditions of the applicable administrative use permit or use permit, to ensure compatibility with adjacent commercial or industrial uses, or adjacent residentially zoned areas or uses.

G. Changes in Use. After approval, a live/work or work/live unit shall not be converted to entirely residential use unless authorized through administrative use permit approval. Administrative use permit approval shall require that the director first find that the exclusively residential use will not impair the ability of nonresidential uses on and adjacent to the site to continue operating because of potential health or safety concerns or nuisance complaints raised by the exclusively residential use and/or its occupants.

H. Required Findings. The approval of a live/work or work/live unit shall require that the review authority first make all of the following findings, in addition to all findings required for administrative use permit or use permit approval.

1. The proposed use of each live/work or work/live unit is a bona fide commercial or industrial activity consistent with subsection C of this section (Limitations on Use);

2. The establishment of live/work or work/live units will not conflict with nor inhibit industrial or commercial uses in the area where the project is proposed;

3. The building containing live/work or work/live units and each live/work or work/live unit within the building has been designed to ensure that they will function predominantly as work spaces with incidental residential accommodations meeting basic habitability requirements in compliance with applicable regulations; and

4. Any changes proposed to the exterior appearance of the building will be compatible with adjacent commercial or industrial uses where all adjacent land is zoned for commercial or industrial uses. If there is adjacent residentially zoned land, the proposed changes to the building will make the commercial or industrial building being converted more compatible with the adjacent residential area. (Ord. 1528 § 3 Ex. A (part), 2009: Ord. 1500 § 3 (part), 2007; Ord. 1438 § 6, 2003)

*Code reviser’s note: Ordinance 1438 adds the provisions of this section as Section 17.08.120. The section has been editorially renumbered to prevent duplication of numbering.

17.08.140 Homestay rentals.

A. Purpose and Intent. The purpose of these regulations is to allow owner-occupied homestay rentals in the city with reasonable standards to preserve neighborhood character and quality of life.

B. Definitions.

1. Bed and Breakfast Inn. A building or group of buildings providing less than fifteen bedrooms or suites that are rented for overnight lodging, with a common eating area for guests.

2. Homestay. An owner-occupied dwelling unit where bedrooms are provided for compensation for fewer than thirty consecutive days with a maximum of four adult overnight guests.

3. Owner Occupancy. A lawfully permitted dwelling that is occupied by the owner(s) named on the property deed as their primary residence and is occupied by them for the major portion of the year.

4. Responsible Party. A person over the age of eighteen who is designated by the owner of the property as a point of contact for the homestay rental in the event the owner-occupier is not on the property at all times during the rental to answer for the maintenance of the property and conduct and acts of homestay guests. The responsible party’s contact information must be provided to homestay guests and adjacent neighbors and stated on the application.

5. Vacation Rental. A dwelling or part of a dwelling where lodging is furnished for compensation for fewer than thirty consecutive days without concurrently being occupied by the property owner. Vacation rentals are not allowed in the city of San Luis Obispo.

C. Permit Required. The operation of a homestay requires a homestay permit through an administrative approval by the community development director, who may add, delete, or modify conditions to further the intent of the ordinance codified in this section. Any request to waive or modify subsection (D)(4) of this section shall require an administrative use permit.

D. Application Requirements.

1. Operators of homestays in all zones are required to obtain a homestay permit and a business license.

2. The operator of the homestay shall pay transient occupancy tax and tourism business improvement district tax as required by the San Luis Obispo Municipal Code.

3. The operator of the homestay must annually provide verification of primary residence through the homeowner’s property tax exemption or other appropriate documentation.

4. The operator of the homestay must provide a site plan with at least one on-site parking space in addition to their required residential parking. Parking in a driveway that has a minimum depth of twenty feet from the back of sidewalk and is made available during rentals shall meet the definition of a parking space.

5. The operator of the homestay must provide the name and contact information of a responsible party in the application if the owner-occupier anticipates he or she may not be on the premises at all times during the homestay rental.

E. Performance Standards.

1. Homestays shall comply with the property development and performance standards listed in Chapters 17.18 and 17.19.

2. All building and fire code regulations shall be met.

3. The number of overnight guests shall be limited to four adults. Bedrooms shall meet the minimum size requirements as defined in the building code.

4. At all times when a homestay rental is occurring, the owner or responsible party must be within a fifteen-minute drive of the property. The owner or responsible party must be available via telephone twenty-four hours a day, seven days a week, to respond to complaints regarding the homestay. Contact information for the owner and responsible party must be provided to homestay guests, adjacent neighbors and stated on the application.

5. Upon sale or transfer of the home for which a homestay permit has been granted, a new homestay application shall be required within sixty days of the transfer. Failure to submit a new application as required within sixty days shall result in the termination of the existing permitted use.

6. The homestay shall be limited to only the owner-occupied dwelling unit on the property.

7. Homestays are not permitted in guest houses or guest quarters.

8. Any advertisements for the homestay shall include the business license number. On-site advertising of the homestay is prohibited.

F. Revocation of a Permit.

1. Violation of these requirements and standards shall constitute grounds for revocation of the homestay permit.

2. At any time, the permit can be referred to an administrative review hearing if determined by the community development director upon receipt of substantiated written complaints from any citizen, code enforcement officer, or police department officer, which includes information and/or evidence supporting a conclusion that a violation of the permit, or of city ordinances or regulations applicable to the property or operation of the homestay, has occurred. At the time of the permit review, to ensure compliance with applicable laws and conditions of permit, conditions of approval may be added, deleted or modified, or the permit may be revoked.

G. Appeal. Appeal procedures for this section shall be as provided by Chapter 17.66 (Appeals). (Ord. 1611 § 4, 2015)