HomeMy WebLinkAbout01/18/1994, C-5 - R 101-93: REQUEST TO AMEND THE TEXT OF THE ZONING REGULATIONS TO PROVIDE AN EXCEPTION PROCESS FOR THE MERGER REQUIREMENT FOR NONCONFORMING LOTS.�IIH^II l Yp � l�llllll��lII►��ul MEETING DATE:
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COUNCIL AGENDA REPORT ITEM NUMBER:
FROM: Arnold Jonas, Community Development Director; (S� •
Prepared By: Pam Ricci, Associate Planner pK
SUBJECT: R 101-93: Request to amend the text of the zoning regulations to provide an
exception process for the merger requirement for nonconforming lots.
CAO RECOMMENDATION
Grant final passage to Ordinance No. 1251, approving a text amendment to San Luis Obispo
Municipal Code Section No. 17.12.020 A., based on findings.
DISCUSSION
Situation
On January 5, 1994, the City Council introduced Ordinance No. 1251 to print, approving the
text amendment which provides an exception process to the merger requirement for
nonconforming lots. An exception to the merger requirement may be approved when it can
be demonstrated that neighborhood character is not adversely compromised.
Significant Impacts
The City Council has adopted the initial study of environmental impact (ER 101 -93) which
concludes that a Mitigated Negative Declaration will be filed for the project No significant
fiscal or environmental impacts are anticipated.
Consequences of Not Taking, the Recommended Action
If the council does not give final passage to the ordinance, Section 17.12.020 A. of the
zoning regulations would remain the same.
Attached: Ordinance No. 1251
ORDINANCE NO. 1251 (199 4 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
TO AMEND MUNICIPAL CODE SECTION 17.12.020 A.
TO A11OW EXCEPTIONS TO THE MERGER PROVISIONS FOR ADJACENT
NONCONFORMING LOTS UNDER CERTAIN CIRCUMSTANCES
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Zoning Regulations Amendment. That the San Luis Obispo Municipal
Code Section ( SLOMC) 17.12.020 A. of the Zoning Regulations be amended as shown in
Exhibit A and included herein by reference.
SECTION 2. Environmental Determination. The City Council finds and determines
that the project's Negative Declaration adequately addresses the potential significant
environmental impacts of the proposed text amendment to the zoning regulations, and
reflects the independent judgement of the City Council. The Council hereby adopts said
Negative Declaration and incorporates the following mitigation measure into the project:
An administrative use permit review process shall be required to exempt a
nonconforming property and an adjacent property under the same ownership from
the merger requirement when further development is contemplated. The Planning
Commission and City Council shall establish guidelines within the zoning regulations
for when the physical development of a neighborhood will not be adversely impacted
if an exemption to the merger requirement is allowed.
SECTION 3. Adoption. The text amendment to Municipal Code Section
17.12.020 A. of the Zoning Regulations is approved, subject to the following findings:
1. The proposed text amendment is consistent with the purpose of the zoning
regulations stated in SLOW Section 17.02.020, and more specifically,
consistent with the intent section of SLOW Section 17.12.010 governing
nonconforming lots.
2. The exception process proposed as a text amendment to SLOMC Section
17.12.020 A. will not adversely affect the health, safety and welfare of persons
living or working in the vicinity of potentially affected sites, if the specific
L�S-�
Ordinance No. 1251(1993 Series)
Page 2
factors related to neighborhood character included in the text amendment are
considered when evaluating requests.
SECTION 4. Implementation. A summary of this ordinance, together with the ayes
and noes, shall be published, at least five (5) days prior to its final passage, in the Telegram
Tribune, a newspaper published and circulated in said city, and the same shall go into effect
at the expiration of thirty (30) days after its passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis
Obispo, at its meeting held on the 4th day of January , 1994, on motion of
Council Member Settle , seconded by Council Member Romero and on the
following roll call vote:
AYES: Council Members Settle, Romero, Rappa, and Mayor Pinard
NOES: None
ABSENT: Council Member Roalman
Mayor Peg Pinard
ATTEST:
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APPROVED:
EXHIBIT A
Text Amendment - to be added as Paragraph 2 of Section 17 12 070 A
An exception to the above merger requirement may be requested through an
administrative use permit. To approve the use permit, the director must find that
retention of the property line (s) will not adversely impact neighborhood character.
Factors that assure that neighborhood character is maintained include:
■ The regular spacing of buildings on the affected lots, when viewed from
the street, is consistent with other developed properties within the same
block; and
■ convenient and conforming access and parking is available to serve site
uses.
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