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Home My WebLink About01/02/1991, 5 - REFERENDUM OF ORDINANCE NO 1179 (TRACT 1750)I " DA �A111 City Of Sn IUIS OBISPO COUNCIL AGENDA REPORT FROM: . Pam Voges, City Clerk SUBJECT: REFERENDUM OF ORDINANCE NO. 1179 (TRACT 1750) BACKGROUND: At it meeting of December 18, 1990, the Council received and filed the Certificate of Sufficiency for the Referendum filed against Ordinance 1179, Tract 1750 (Edna - Islay) and continued further action on this issue to the Council agenda of January 2, 1991. As provided in the previous agenda report considered from the meeting of December 18 (attached), the Council shall take one of the following actions: 1) Repeal the ordinance against which the petition is filed; OR 2) By general consensus, support placing a ballot measure at the next Regular Municipal Election to be held on Tuesday, November 5, 1991 for the purpose of giving final passage to Ordinance 1179; OR 3) By general consensus, place the measure at a Special Election at a date to be determined. Attachment: Previous staff report dated 12 /18/90 S�/ ORIMML AGMA 9 r FROM 12/18/90 METING. Q'QQPIAIIJ City Of sat r LUIS OBISPO COUNCIL AGENDA REPORT FROM: Pam o s, City Clerk SUBJECT: Refer -)Ordinance 1179 - TRACT 1750 CAO RECOMMENDATION: 1) Receive and file. Certificate of Sufficiency, holding a Regular or Special Election for the the Referendum against Ordinance No. 1179 for Council adoption at a future meeting). BACKGROUND: FEM NUMBER and 2) By motion, indicate support for purpose of voting to approve or deny (Resolution to call election to return On October 2, 1990, the City Council took action on a 3 -2 vote, Councilmembers Pinard and Roalman voting no, to give final passage to Ordinance No. 1179. This ordinance would approve the planned development (PD 1449 -B) of Tract No. 1750 commonly known as the Edna -Islay Development Project to allow 353 residential dwelling units located off Tank Farm Road, east of the railroad tracks. As provided by State Elections Code 4051 et al, a Referendum may be filed within 30 days prior to an ordinance becoming effective. On November 1, 1990, Richard Schmidt, submitted a Referendum petition with the City Clerk to refer Ordinance No. 1179. The referendum contained more than the required 2,569 signatures or 10% of the voters of the City of San Luis Obispo according to the last official report of registration to the Secretary of State, effective 10/09/90 recording a total of 25,690 registered voters. The City Clerk examined the petition within 30 days prescribed by law and determined it to be sufficient. As required by Elections Code 3707 and 3708, a Certificate of Sufficiency was certified and the results are being submitted to the City Council byway of this report (Exhibit A). State law requires that a Referendum petition qualifying with 10% of the required number of voters of the City must be submitted to the next Regular Municipal Election (November 5, 1991) unless, for any reason, the Council chooses to submit it at a Special Municipal Election sooner or repeal the Ordinance against which the petition is filed. The Council will be considering the issue of holding a Special Election at its 01/02/91 meeting when it considers the "Water Action to Eliminate Rationing Initiative" filed by Gary Kunkel, Steve Murphy, and Ron Manz. If it chooses the option of holding a Special Election for this purpose, an election would be held not sooner than 88 days or more than 103 days after the Council considers that report. The election would be held between March 31, 1991 and April 15, 1991 at which time the question to uphold or deny the Referendum could also be voted upon. If the Referendum is upheld by the voters, the property would remain in its presently =z� '�afiPi��lU city of san Luis oBispo COUNCIL AGENDA REPORT adopted zoning. The property owners (Pacifica Corporation) would have to submit a new application in order to develop the property consistent with the current allowed land use, Dr to request a change in the allowed land use. If the Referendum is denied by the voters, the ordinance shall be deemed approved upon the date that the vote is verified by the Council and shall go into effect 10 days after that date. Adoption of the ordinance would amend the Zoning Regulations map to designate an area on Tank Farm Road, east of the railroad tracks, as R- 1 -SP -PD and R- 2 -SP -PD allowing some exceptions to density and yards as provided by the seven findings and six conditions outlined in the Ordinance. OPTIONS: 1. Receive and file Certificate of Sufficiency. By motion, support placing a ballot measure at the next Regular Municipal Election to be held Tuesday, November 5, 1991 for the purpose of giving final passage to Ordinance No. 1179. (Necessary Resolution(s) to return for final Council approval). Z Receive and file Certificate of Sufficiency. Place Referendum at a Special Municipal Election. Decision to hold a Special Election between March 31 and April 15 to be made on 01/02/91 at which time other election- related issues will be heard by the City Council. (Resolutions to call Special Election to be available at that meeting). 3. Repeal the ordinance against which the petition is filed. FISCAL IMPACT: An indepth report and analysis on the financial implications of the City holding its election without benefit of consolidation will be reviewed on the 01/02/91 Council agenda. The General Municipal Election including candidates and measures to be held November, 1991 is expected to cost approximately $35,000 - $40,000. A Special Municipal Election to vote upon measures only could cost from $20,000 - $30,000 depending upon the number of measures placed on the ballot. Attachment: Certificate of Sufficiency (Exhibit A) .S &I �eA I city of sAn Luis oBispo 990 Palm Street/Post Office Box 8100 e San Luis Obispo, CA 93403-8100 CERTIFICATE OF SUFFICIENCY Is Pam Voges, City Clerk of the City of San Luis Obispo, California, hereby certify that I have carefully checked the names on the initiative petition filed in my office on November 1, 1990, reading in full as follows: "Referendum against an ordinance passed by the City Council, to the City Council of the City of San Luis Obispo: Pursuant to Elections Code 4051, we, the undersigned, more than ten percent of the number of registered voters in the City according to the County Clerk's last official report of registration, hereby present this petition protesting your adoption on October 2, 1990, of Ordinance No. 1179. The full text of the Ordinance is as follows: ORDINANCE NO. 1179 (1990 SERIES) - AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE ZONING REGULATIONS MAP TO DESIGNATE AN AREA ON TANK FARM ROAD, EAST OF THE RAILROAD TRACKS, AS R- 1 -SP -PD and R- 2 -SP -PD ALLOWING SOME EXCEPTIONS TO DENSITY AND YARDS (PD 1449 -B). WHEREAS, the City Council has held a hearing to consider the. planned development request PD 1449 -B; and WHEREAS, the City Council makes the following findings: Findings: 1. The proposed planned development will not adversely affect the health, safety, or welfare of persons living or working in the vicinity. 2. The planned development is appropriate at the proposed location and will be compatible with surrounding land uses. 3. The planned development conforms to the general plan and specific plan for Edna Islay and meets zoning ordinance requirements.. 4. The proposed planned development is consistent with the Edna -Islay Specific Plan, for which an Environmental Impact Report was certified by the council in 1982. The City Council has considered the EIR and addendum. S. The project provides facilities and amenities suited to particular occupancy groups; families with children, and moderate - income homebuyers. 6. The project provides a greater range of housing types and costs than would be possible with development of uniform dwellings throughout the project site or neighborhood. 7. Features of the particular design, including common open space areas, provision of a large play area in the apartment complex, narrower right -of -way widths, small lots, design of the Rodriguez Adobe park, creek setbacks and bicycle paths, achieve the intent of conventional standards for privacy, usable open space, adequate parking, and compatibility with neighborhood character as well as or better than the standards do. BE IT ORDAINED by the City Council of the City of San Luis Obispo as follows: �o9sr•y�� 6fAff SECTION 1. The Planned Development PD 1449 -B is hereby approved, subject to the following conditions: Conditions: 1. A reduction in the number of parking spaces required for the Housing Authority lot only is hereby approved. Up to 25% of the required spaces may be eliminated, provided that they are replaced by an expanded play /picnic area. 2. No sideyard exceptions are allowed for the lots in phases 3 and 4 (small lots). 3. Smaller than normal lot sizes are hereby approved, but in no case shall a lot size be smaller than 4,000 square feet. 4. Zero -lot line development schemes are allowed in any phase, provided the separation between buildings is consistent with the zoning regulations. 5. A density bonus, allowing 353 dwellings, including 134 small lots, 88 two - bedroom condominium units, 111 large single - family lots, and 20 two- and three- bedroom Housing Authority apartments, on the lots as shown on the preliminary plan, is hereby granted. 6. The applicant shall submit a precise plan, consistent with the zoning regulations requirements for precise plans, to the Community Development Director for approval. Such precise plan may be incorporated in the improvement plans for Tract 1750. INTRODUCED AND PASSED TO PRINT by the City Council of the City of San Luis Obispo at its meeting held on the 18th day of September, 1990, on motion of Councilwoman Rappa, seconded by Councilman Reiss, and on the following roll call vote: AYES: Councilmembers Rappa, Reiss and Mayor Dunin NOES: Councilmembers Pinard and Roalman ABSENT: None /s /Mayor Ron Dunin /s /Pam Voges City Clerk The signatures found on the petition were compared to the signatures of the Affidavit of Registration in the Registrar of Voters Office. Pursuant to Section 4011 of the California Elections Code, the petitions were found to contain the signatures of more than 10% of the voters of the City of San Luis Obispo according to the County Clerk's official report of registration to the Secretary of State effective on October 9, 1990, recording a total of 25,690. Lo. AL Date Pakn Voges, 0 Clerk s/_s