17.32.030 Additional regulations | San Luis Obispo Municipal Code

17.32.030 Additional regulations.

1. No retail sales establishment (commercial building) shall exceed 60,000 square feet of gross floor area, unless excepted by subsection (A)(2) of this section or for nonconforming structures per Chapter 17.92 (Nonconforming Structures).

2. An applicant may request a retail sales building larger than sixty thousand square feet, but in no case larger than one hundred forty thousand square feet through the conditional use permit process. In granting a request for a retail establishment of up one hundred forty thousand square feet of gross floor area, the planning commission shall make all of the following findings:

a. The proposed use will serve the community, in whole or in significant part, and the nature of the use requires a larger size in order to function;

b. The building in which the use is to be located is designed in discrete elements that respect the scale of development in the surrounding area; and

c. The new building is designed in compliance with the city’s design guidelines for large-scale retail projects.

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

1. The proposed driveway approach will not harm the general health, safety, and welfare of people living or working in the vicinity of the project site because the number of vehicles expected to use the driveway is limited (fewer than ten spaces) and there are no other alternatives, such as service alleys, to provide vehicle access to the site.

2. The proposed driveway approach is located along a nonarterial street and will not significantly alter the character of the street or pedestrian circulation in the area in consideration of the characteristics of pedestrian flow to and from the project site and surrounding uses.

3. The proposed driveway approach is a shared facility and provides efficient access to more than a single project in a way that eliminates the need for additional driveways.

4. The proposed driveway approach provides access to public parking.

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

1. Housing is likely to jeopardize the health, safety, or welfare of residents or employees; or

2. All of the findings listed for Variances in Section 17.114.040 (Required Findings).

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

1. As conditioned, the proposed use will not be detrimental to the health, safety, or welfare of persons living or working at the site or in the vicinity because the proposed use will provide both retail sales and services consistent with surrounding uses.

2. The proposed use is consistent with the General Plan Policy 4.20.1 because the nature of the business includes an office that has frequent client visits which accommodate “walk-in” service for the community, and also provides visible retail merchandise, thereby benefiting from and contributing to pedestrian traffic.

1. Intent of Allowing Height Increases in the C-D Zone. These regulations are established to allow for buildings higher than fifty feet in the C-D zone to encourage creative building design, mixed-use developments, and accommodation of additional residential units in the downtown core; provided, that such taller buildings, through discretionary review processes, contribute defined community benefits and further the goals of the downtown core as stated in the Land Use Element of the General Plan.

2. Requirements for All Buildings Higher Than Fifty Feet. All buildings in the C-D zone proposed to be higher than fifty feet shall comply with all of the following performance standards:

a. The project shall include housing at a minimum residential density unit value of twenty-four units per acre. The average floor area of dwellings within the project shall be one thousand square feet or less. Group housing projects shall demonstrate that the proposed building meets or exceeds the population density that would otherwise be achieved by this standard.

b. The applicant shall demonstrate that:

i. The project is designed to achieve at least a Silver rating on the LEED-CS or NC checklist (or equivalent measure) (LEED certification is not required but is encouraged); or

ii. The project is designed to achieve a minimum value of fifty points on the GreenPoint rated new home multifamily checklist.

c. No more than thirty-three percent of the site area at the storefront level may be used for private parking facilities.

d. Lots shall conform to the minimum size and dimension requirements provided in Title 16, Subdivisions.

e. To approve an increase in height above fifty feet, the planning commission shall make the following finding: The public benefits associated with the project significantly outweigh any detrimental impacts from the additional height. In weighing potential public benefits, the planning commission shall consider objectives related to affordable and workforce housing, mode split, historic preservation, and open space preservation to be especially important.

f. The planning commission may grant minor exceptions to the specific requirements listed in this section, and provided a finding is made that, despite the exception, the project is consistent with the intent of this chapter and Land Use Element Policy 4.20 (Design Principles).

3. Additional Requirements for Buildings up to Sixty Feet. The planning commission may approve building height up to sixty feet if it determines that the project includes at least two community benefits from subsection (E)(5) of this section (Community Benefits Policy Objectives), with no more than one being from the same lettered subsection. Of the community benefits, at least one affordable and workforce housing objective shall be chosen.

4. Additional Requirements for Buildings up to Seventy-Five Feet. The planning commission may approve building height up to 75 feet if it determines that the project includes at least three community benefits from subsection (E)(5) of this section (Community Benefits Policy Objectives), with no more than one being from the same lettered subsection. Of the community benefits, at least one affordable and workforce housing objective shall be chosen.

5. Community Benefits Policy Objectives. The intent of the following policy objectives is to ensure that buildings taller than fifty feet proposed in the C-D zone include features that meet the specific policy objectives outlined for tall buildings in the general plan (including, but not limited to, Land Use Element Chapter 4.0). A variety of objectives are listed to ensure that proposed project features are appropriate for the site and surroundings, and to allow for a wide range of possible project types. Regardless of the number of objectives proposed, the planning commission shall determine that the overall project is consistent with the general plan, including goals and policies for view preservation, historical resource preservation, solar access, and architectural character.

i. The project provides affordable housing, in compliance with city standards, at the rate of five percent for low-income households, or ten percent for moderate-income households, as a percentage of the total number of housing units built (no in-lieu fee option).

ii. The project qualifies for, and utilizes, a density bonus in compliance with the city’s affordable housing incentives (Chapter 17.140).

iii. The project includes residential density greater than or equal to thirty-six units per acre and the average floor area of units is one thousand square feet or less. Group housing projects shall show that the proposed building meets or exceeds the population density that would otherwise be achieved by this objective.

i. The project provides a major pedestrian connection between Higuera Street and the Creekwalk, Monterey Street and the Creekwalk, Higuera Street and Marsh Street, or at another acceptable mid-block location.

ii. The project provides open space in the form of a significant public plaza, where:

(a) The minimum area of any public plaza shall be seven thousand five hundred square feet; and

(b) The public plaza is owned, operated, and maintained by the developer or property manager in accordance with an approved maintenance plan to be reviewed and approved by the director; and

(c) Each part of the public plaza shall be accessible from other parts of the open space without leaving the open space area; and

(d) The public plaza shall be on the ground level and directly accessible from the sidewalk, and be accessible to persons with disabilities; and

(e) The public plaza shall be open to the public, without charge, each day of the year, except for temporary closures for necessary maintenance or public safety; and

(f) At a minimum, the following elements shall be included within the open space: trees and landscaping, seating, bicycle racks, trash and recycling receptacles, and signage that include hours of operation; and

(g) The public art requirement is met by providing the art on site (no in-lieu fee option).

i. The project provides a public viewing deck or decks, or similar feature, to provide significant free public access to views of surrounding natural features such as, but not limited to, Cerro San Luis.

ii. The project improves and dedicates land within the downtown core for publicly owned open space with street-level views of hillside resources, consistent with Land Use Element Policies 4.10 (Open Places and Views) and 4.20.4 (Building Height).

d. Historic Preservation (Off Site). Where there are no historic resources on the project site, the project provides for the permanent preservation of a building off site within the downtown historic district or Chinatown historic district that is listed in the city’s inventory of historical resources through the recordation of a historic preservation agreement.

e. Mode Split. The project provides for the permanent mode shift towards alternative transportation for building occupants through a transportation demand management program that achieves modal split objectives of Circulation Element Policy 1.7.1 (Encourage Better Transportation Habits). Prior to the issuance of building permits, a covenant agreement shall be recorded that discloses the required transportation demand management provisions. This agreement shall be recorded in the office of the county recorder to provide constructive notice to all future owners of the property of any ongoing programmatic requirements.

f. Open Space Preservation. The project provides for the permanent preservation of open space land in the city’s greenbelt through land dedication, the recordation of a conservation easement, or other recognized preservation method, to the approval of the city.

g. Zero Net Energy. The project provides one hundred percent of total building energy load measured as kilowatt per square foot through solar panels, wind turbines, or other renewable sources.

h. Common Garbage Facility. The project provides a common garbage storage and compacting facility of adequate size and in an appropriate location to accommodate the needs of the project and all adjacent properties or other grouping of users acceptable to the city.

i. Other Policy Objectives. The project directly implements specific and identifiable city objectives as set forth in the general plan, the downtown concept plan, or other key policy document, to the approval of the planning commission. (This subsection may be used to meet requirements for one policy objective.)

6. Application Requirements. Planning applications submitted for new buildings over fifty feet in height shall include the following additional items to assist the review authority in the analysis and decision-making process:

a. Viewshed Analysis. A written and graphic viewshed analysis from various perspectives. The analysis shall identify visual resources within the viewshed of the project and indicate how the design of the project addresses those views from each perspective. Specific attention shall be given to views from adjacent publicly owned gathering spaces, such as Mission Plaza.

b. Solar Shading Analysis. A written and graphic solar shading analysis showing the effects of shading on its surroundings between ten a.m. and three p.m. on the winter solstice, summer solstice and vernal or autumnal equinox. The analysis shall compare shading caused by the project to the city’s solar access standards (Conservation Open Space Element Table 2).

c. Parking Demand Management—Trip Reduction Programs. A verifiable parking demand management program and a trip reduction program to reduce resident/employee dependence on single-occupant vehicle trips, subject to the approval of the public works director.

d. Three-Dimensional Digital Model. A complete three-dimensional digital model of the proposed building, consistent with the specifications for the city’s baseline 3-D digital model of the downtown core and suitable for display on the city’s website.

e. Solid Waste Management Plan. A solid waste management plan to show how the project meets or exceeds the city’s solid waste guidelines, subject to the approval of the utilities director. If any exceptions to the solid waste guidelines are requested, the plan shall include a written explanation and justification.

f. Green Building Plan. A written green building plan to indicate how the project complies with performance standards for energy efficiency.

g. Emergency Services Access Plan. A written and graphic plan created in consultation with the city’s fire marshal to show how access to upper floors for emergency response personnel will be provided.

h. Public Safety Plan. A security plan created in consultation with the Police Department for all proposed buildings that include publicly accessible areas such as parking garages, courtyards, public stairways, elevators, and decks. The security plan will identify the locations of 911 capable phones in parking areas, establish rules and regulations for public use of courtyards and decks, and establish time frames for private security patrols to be in place.

i. Utilities Infrastructure Analysis. A registered engineer’s evaluation of existing utilities infrastructure and recommendations to ensure that the project will have adequate water pressure for domestic use and fire flows and that the collection system in the area surrounding the project is sufficient to meet the project’s impact.

j. Building Code Analysis. A building code analysis specifying the building’s allowable area, occupancy class, occupancy load, and construction type.

1. Planning applications submitted for new buildings in the C-D zone shall include a visual study if the new building meets the following criteria:

a. The building is over thirty feet in height; and

b. The building is:

i. Within one hundred fifty feet of existing or planned publicly owned gathering sites, and

ii. Within view of existing or planned publicly owned gathering sites or the building will be located at the intersection of public streets within the C-D zone.

2. The visual study shall determine whether the project will:

a. Materially obstruct views of distant hills from surrounding properties; and/or

b. Create an adverse visual impact on existing or planned publicly owned gathering sites by materially obstructing views of nearby public open spaces, historic resources, city landmarks, or protected natural resources; and/or create adverse shade and shadow effects during times of the day when a gathering site is anticipated to be most used.

3. Should the study identify adverse impacts, the study shall identify measures to substantially reduce or eliminate these impacts.

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