HomeMy WebLinkAbout10/19/2004, C2 - FINAL ADOPTION OF ORDINANCES TO IMPLEMENT HOUSING ELEMENT PROGRAMS: 1) ORDINANCE NO. 1458 - INCLUSI C
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CITY OF SAN LUIS O B I S P O
FROM: John Mandeville, Community Development.Direct
Prepared By: Jeff Hook, Associate Planner
SUBJECT: FINAL ADOPTION OF ORDINANCES TO IMPLEMENT HOUSING
ELEMENT PROGRAMS: 1) ORDINANCE NO. 1458 - INCLUSIONARY HOUSING; 2)
ORDINANCE NO. 1459 - RESIDENTIAL GROWTH MANAGEMENT; 3) ORDINANCE NO.
1460 - DOWNTOWN HOUSING CONSERVATION; 4) ORDINANCE NO. 1461 -
ARCHTTECTURAL REVIEW COMMISSION EXEMPTION FOR SMALL RESIDENTIAL
PROJECTS; AND 5) ORDINANCE NO. 1462 - NON-RESIDENTIAL USES RIGHT TO
CONTINUE .
CAO RECOMMENDATION
Adopt Ordinance No. 1458 - 1462.
DISCUSSION
On October 5, 2004, the Council introduced Ordinance Nos. 1458, 1459, 1460, 1461, and 1462
on a 5:0 vote. The proposed ordinances implement programs in the newly adopted Housing
Element. The new ordinances, working in concert with existing City housing programs and
incentives, will help preserve or expand housing opportunities for all income groups. Ordinance
No. 1458 modifies the Inclusionary Housing Requirement to encourage higher density, compact
housing developments. Ordinance No. 1459 exempts affordable, enforceably-restricted housing
for moderate-income persons, and housing in the Downtown (C-D zone), from Residential
Growth'Management. Ordinance No. 1460 preserves Downtown housing by requiring that there
be no net loss of housing in the Downtown Planning Area. Ordinance No. 1461 exempts small
residential development projects of four dwellings or less, with individual floor area of 1,200
square feet or.less, from Architectural Review Commission approval. Lastly, Ordinance No.
1462 gives added protection to legal, conforming non-residential uses that are adjacent to or near
new housing developments.
These ordinances are now ready for adoption and will become effective 30 days after the date of
final passage.
ATTACHMENTS:
1. Ordinance No. 1458
2. Ordinance No. 1459
3. Ordinance No. 1460
4. Ordinance No. 1461
5. Ordinance No. 1462
.G:\JHOOK\Housing Element Implementation\CAR finaladopthousingordinances2.doe n I
Attachment 1
ORDINANCE NO. 1458 (2004 Series)
AN ORDINANCE AMENDING SAN LUIS OBISPO
MUNICIPAL CODE CHAPTER 17.91,.MODIFYING THE
INCLUSIONARY HOUSING REQUIREMENT
WHEREAS, on March 30, 2004, the City Council adopted an updated General Plan
Housing Element; and
WHEREAS, the Housing Element contains numerous policies and programs intended to
expand housing opportunities for all income groups in San Luis Obispo; and
WHEREAS, Housing Element Program 2.3.1 requires amendments to the Inclusionary
Housing Requirement to modify the formula under which new residential subdivisions and
residential development projects meet the inclusionary requirement, as shown in Tables 2
and 2A of the Requirement;and
WHEREAS, amendments are also necessary to clarify the calculation of in-lieu fees
Table 2A and for custom lot residential subdivisions, to explain how the Table 2A
adjustment factor is applied, and to clarify how the inclusionary housing requirement applies
to mixed-use development.
WHEREAS, to implement said program, the City Council intends to amend the
Inclusionary Housing Requirement Ordinance, San Luis Obispo Municipal Code Chapter
17.91.
NOW,THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Environmental Determination. The City Council hereby determines the
proposed ordinance amendment is policymaking and does not constitute a "project" as
defined under Section 21065 of the California Environmental Quality Act. Consequently, no
further environmental study is required.
SECTION 2. Findings. The City Council makes the following findings:
1. The proposed ordinance amendment is consistent.with the General Plan.
2. The proposed ordinance amendment is necessary to implement Program 2.3.1 of the
General Plan Housing Element.
3. The proposed ordinance amendment will help expand affordable housing opportunities
for low- and moderate-income persons by providing incentives for the construction of
housing that is "affordable by design", and by clarifying inclusionary housing
requirements.
Ordinance No. 1458 (2004 Series) Attachment 1
Page 2
SECTION 3. Ordinance Amendment. The City Council hereby amends San Luis Obispo
Municipal Code Chapter 17.91 to read as shown in Exhibit A.
SECTION 4. Publication. A summary of this ordinance, approved by the City Attorney,
together with the names of the City Council members voting for and against it, shall be
published at least five days prior to its final passage, in the Tribune, a newspaper published
and circulated in this City. This ordinance will go into effect at the expiration of thirty (30)
days after its final passage.
INTRODUCED on the 5th day of October, 2004 AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the day of
2004, on the following roll call vote:
AYES:
NOES:
ABSENT:
Mayor David F. Romero
ATTEST:
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
Jonth . Lowell, City Attorney
��3
Ordinance No. 1458 (2004 series) Attachment 1
Page 3
EXHIBIT A
INCLUSIONARY HOUSING REQUIREMENT (SLOMC CH. 17.91)
Sections:
17.91.000 Title.
17.91.010 Purpose.
17.91.020 Definitions.
17.91.030 Applicability and Exclusions.
17.91.040 General standards.
17.91.050 Procedures.
17.91.060 In-lieu housing fee.
17.91.070 Affordable Housing fund.
17.91.080 Real Property Dedication.
17.91.090 Incentives.
17.91.100 Project Application.
17.91.110 Conditions of development approval.
17.91.120 Program Requirements.
17.91.130 Eligibility Screening.
17.91.140 Affordability Restrictions.
17.91.150 Shared Equity Purchase Program.
17.91.160 Management and Monitoring.
17.91.170 Enforcement and Appeals.
17.91.180 Severability.
17.91.000 Title.
The provisions of this chapter shall be known collectively as the Inclusionary Housing
Requirement of the City of San Luis Obispo.
17.91.010 Purpose.
The purpose and intent of this chapter is to promote the public welfare by increasing the
production and availability of affordable housing units, and to establish an inclusionary housing
requirement which implements General Plan policies guiding land use and housing development.
17.91.020 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meaning set
forth below:
Ca ^ 3
Ordinance No. 1458 (2004 Series) � Aftachment 1
Page 4
A. "Affordable" means housing which can be purchased or rented by a household with very-low,
low, or moderate income, as described in the City's Affordable Housing Standards.
B. "Affordable Housing Agreement" shall mean a written agreement between the developer,
City and possibly additional parties which specifies the terms and conditions under which
affordable housing requirements are to be met.
C. "Affordable Housing Fund" means a fund established and administered by the City,
containing in-lieu fees and other funds held and used exclusively to increase and improve the
supply of affordable housing.
D. "Affordable Housing Project" shall mean a development project in which one hundred
percent of the dwellings to be built will be sold or rented in conformance with the City's
Affordable Housing Standards.
E. "Building Valuation" shall mean the total value of all construction work for which a
construction permit is required, as determined by the Chief Building Official using the
Uniform Building Code.
F. "Commercial Project" means a development project involving primarily non-residential uses,
including retail, office, service-commercial, light-industrial, neighborhood commercial,
tourist-commercial, and manufacturing uses as further described in the zoning regulations.
G. "Density" means residential density as defined in Section 17.16.010 of this code.
H. "Density bonus" means a density increase of at least twenty-five percent over the maximum
density otherwise allowable under the zoning regulations.
I. "Development project" shall mean an activity for which a subdivision map or construction
permit is required, including new buildings and building additions or remodels as described
in Section 17.91.030, but not including changes in ownership, occupancy, management or
use.
J. "Director" means the Community Development Director ("Director") or his authorized
representative.
K. "Equity Build-up" shall mean a property's sales price at first resale, less the initial purchase
price and less the City's equity share as described in Section 17.91.150.
L. "Expansion Area" - A land area proposed for annexation to the City or annexed after the
adoption date of this ordinance.
M. "Inclusionary housing unit" means a dwelling which is built under the provisions of this
chapter, and which meets the City's Affordable Housing Standards.
N. "In-lieu fee" means a fee paid to the City as an alternative to the production of inclusionary
housing, to be used in the acquisition, construction, or rehabilitation of affordable housing.
O. "Low" or "lower income households" shall have the meaning set forth in California Health
and Safety Code, Section 50079.5; provided the income of such persons and families shall
not exceed eighty percent of the median income within the county.
P. "Market Value" shall mean the highest price a willing buyer would pay and a willing seller
would accept, both being fully informed and in an open market, as determined by an
appraiser or other qualified professional.
Q. "Mixed Use Development Project" shall mean a development project which combines
residential and non-residential uses on the same lot,pursuant to City Zoning Regulations.
R. "Moderate income households" shall include those persons and families whose incomes
exceed eighty percent but are less than or equal to one hundred twenty percent of the median
income within the county. (Ord. 1035, I (part), 1985)
S. "Real Property" shall mean land and improvements, if any, including anything permanently
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Ordinance No. 1458 (2004 Series)
Attachment 1
Page 5
affixed to the land, such as buildings, walls, fences, and paved areas.
T. "Residential Project" shall mean development projects which result in the subdivision of land
and/or the construction or conversion of dwellings, including, but not limited to: single
family detached homes, apartments, condominiums, live/work studios, mobile homes, and
group housing.
U. "Very-low income" shall have the meaning set forth in California Health and Safety Code,
Section 50105; provided. that such -income level shall not exceed 50 percent of median
income within the county.
17.91.030 Applicability and Exclusions.
A. This chapter shall apply to development projects consisting of five or more lots or new
dwelling units, and to commercial development projects consisting of 2,500 square feet of gross
floor area or larger.
B. The following types of development projects are excluded:
1. Residential developments of 4 units or less;
2. New commercial developments of less than 2,500 square feet gross floor area;
3. Residential and commercial building additions, repairs or remodels, provided that such work
does not increase the number of existing dwellings by four or more units; or result in an
increase in gross floor area of 2,500 square feet;
4. The conversion of less than five dwelling units to condominiums within any five-year
period;
5. Commercial condominium conversions which do not result in the creation of new dwellings.
6. Affordable housing projects;
7. Emergency projects, or projects which the City Council determines are necessary to protect .
public health and safety;
8. Development projects which the City Council determines are essentially non-commercial or
non-residential in nature, which provide educational, social or related services to the
community and which are proposed by public agencies, non-profit agencies, foundations
and other similar organizations;
9. Projects which replace or restore a structure damaged or destroyed by fire, flood, earthquake
or other disaster within three years prior to the application for the new structure(s); and
10. Projects for which an approved tentative map or vesting tentative map exists, or for which a
construction permit was issued prior to the effective date of this ordinance and which
continue to have unexpired permits.
17.91.040 General Standards.
A. Methods of meeting requirements. New development projects shall satisfy the inclusionary
housing requirement, as specified in Tables 2 and 2A of the General Plan Housing Element,
which provide that all non-exempt development projects shall contribute toward the production
of affordable housing by constructing at least one affordable dwelling unit or paying an in-lieu
fee. To meet the requirement, the developer shall comply with one or more of the following
methods;
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Ordinance No. 1458 (2004 Series)
Attachment 1
Page 6
1. Construct the required number of affordable dwelling units, as specified in Table 2, as
adjusted by Table 2A; or
2. Pay an in-lieu fee as described in Table 2, as adjusted by Table 2A. For development
projects in which the adjustment factor under Table 2A equals zero ("0"), the minimum
adjustment factor shall be 0.25 (resulting in .a minimum in-lieu fee of 1.25% of the
building valuation for in-city development projects and commercial developments in
expansion areas, and 3.75% of building valuation for residential developments in
expansion areas); or
3. Dedicate real property for affordable housing; or
4. Use a combination of the above methods, to the approval of the City Council.
B. Affordable housing standards. Affordable dwelling units constructed must meet City
Affordable Housing Standards, and must be consistent with affordability policies in the General
Plan Housing Element.
C. Concurrent development. The required inclusionary units shall be constructed concurrently
with market rate units unless the developer and the City Council agree within an Affordable
Housing Agreement to an alternative development schedule.
17.91.050 Procedures.
A. Fractional numbers. In determining the number of dwellings that are required to be built
pursuant to Table 2, fractional units less than 0.50 shall be rounded down to the first whole
number unit, and fractional units of 0.50 or greater shall be rounded up to the next higher whole
number unit, as calculated by the Director.
B. Determining adjustment factor using project density and average unit size. To determine the
adjustment factor in Table 2A, project density shall be calculated by dividing the total number of
density units proposed (including density bonus where applicable) by the development project
site's net area. Average floor area shall be calculated by dividing the total gross floor area of all
dwellings (excluding garages) within the development project by the total number of dwellings.
Dedicated open space shall not be included in a site's net area.
C. Mixed-use development projects. For mixed-use development projects with five or more
dwellings, the inclusionary housing requirement is determined by: 1) using Table 2 to calculate
the base inclusionary requirement for the commercial use, and 2) using Table 2A to adjust the
base requirement based on project density and average unit size, as described in 17.91.050.B.
For mixed-use development projects with less than five dwellings, the base inclusionary housing
requirement for the commercial use shall apply.
D. Timing. The inclusionary housing requirement shall be met prior to issuance of a Certificate
of Occupancy for the first unit in a building, or the first building in a complex to be constructed
or remodeled; or for subdivisions, prior to final map approval; or prior to building permit
issuance, for projects for which a Certificate of Occupancy is not issued; or as otherwise agreed
to by the City Council as part of tentative map, rezoning, conditional use permit or other
development approval.
LP
Attachment 1
Ordinance No. 1458 (2004 Series)
Page 7
E. Affordable housing agreement. To meet the requirement, the developer may enter into an
agreement with the City, the City's Housing Authority, non.-profit housing provider, or other
qualified housing provider approved by the City Council to construct, refurbish, convert, operate
and maintain the required affordable housing. Such Affordable Housing Agreements shall be to
the approval of the Director and shall be in a form approved by the City Attorney.
17.91.060 In-6eu Housing Fee.
A. Payment of in-lieu fee. Developer may, at his discretion, choose to pay a fee to the City or
dedicate real property in lieu of constructing affordable dwellings to meet this requirement.
B. Amount and method of payment. The dollar amount and method of payment of the in-lieu fee
shall be as described in Table 2, and where applicable, as adjusted by Table 2A of the General
Plan Housing Element, as further described in Section 17.91.040.A2, to the approval of the
Director. For subdivisions in which the construction valuation is not known, the Director shall
estimate the average construction valuation based on lot area, land value, and applicable City
development standards. Developer shall use the estimated average construction valuation to
determine the amount of in-lieu fees.
C. Timing. In-lieu fees shall be paid prior to release of occupancy of the first dwelling within a
residential development; or for residential subdivisions to be built out by others, prior to final
subdivision map approval; or prior to occupancy for new commercial buildings or remodels; or
prior to building permit issuance, for projects for which a certificate of occupancy is not issued;
or as otherwise provided by written agreement between the developer and City, to the approval
of the Director.
17.91.070 Affordable Housing Fund. Affordable Housing Fund established. The City hereby
establishes an Affordable Housing Fund. Said fund shall be administered by the Finance
Director and shall be used exclusively to provide funding for the provision of affordable housing
and for reasonable costs associated with the development of affordable housing, at the discretion
of the City Council.
A. In-lieu fees. In-lieu fees collected shall be deposited into the Affordable Housing Fund, to
the satisfaction of the Finance Director.
17.91.080 Real Property Dedication
A. Irrevocable offer to dedicate real property. At the discretion of the City Council, an
irrevocable offer to dedicate real property equal or greater in value to the in-lieu fee which would
otherwise be required may be offered to the City, or to a housing provider designated by the
City, instead of providing the required number of affordable dwellings or paying in-lieu fees. In
considering an offer to dedicate real property, the City Council must find that thededication of
real property will provide equal or greater public benefit than constructing affordable units or
paying in-lieu fees, based on the following criteria:
1. Valuation of the land and/or improvements to be dedicated relative to other methods of
ca - LO
Ordinance No. 1458 (2004 series) Attachment 1
Page 8
meeting the requirement; .
2. Suitability of the land and/or improvements for housing, including General Plan
conformity, size, shape, topography, and location; and
3. Feasibility of developing affordable housing, including general plan consistency, and
availability of infrastructure.
B. Real Property valuation. The valuation of real property offered in-lieu shall be determined
by the Director, based upon an appraisal made by a qualified appraiser mutually agreed to by the
developer and the City. Costs associated with the appraisal, title insurance and transfer,
recordation and related costs shall be borne by the developer.
C. Agreement and Timing. The real property dedication shall be by deed or other instrument
acceptable to the City, and shall be completed by recordation with the Recorder of the County of
San Luis Obispo prior to occupancy release of the first residential unit or commercial building in
the development; or prior to building permit issuance, for projects for which a certificate of
occupancy is not issued; or as otherwise provided by written agreement between the developer
and the City.
17.91.090 Incentives.
A. Eligibility for incentives. The developer may be eligible to receive, or to request
development incentives in return for constructing affordable housing in connection with a
development project, pursuant to the Affordable Housing Incentives (SLOMC Chapter 17.90), as
part of a City planning application. Incentives or other forms of financial assistance may be
offered by the City to the extent that resources are available for this purpose and to the degree
that such incentives or assistance will help achieve the City's housing goals.
B. Affordable Housing Agreement. Any incentives provided by the City, beyond those
incentives to which a developer may be automatically entitled to under Ch. 17.90 of this code,
shall require City Council approval and shall be set out in an Affordable Housing Agreement.
The form and content of such agreement shall be to the approval of the City Attorney and the
Director. Developers are further encouraged to utilize other local, state or federal assistance,
when available, to meet the affordable housing standards.
17.91.100 Project Application.
A. Method of application. An applicant/developer proposing a project for which affordable
housing is required shall submit a statement with the standard planning application, describing
the inclusionary housing proposal. The developer's statement shall include:
1. A brief description of the proposal, including the method chosen to meet the inclusionary
housing requirement, number, type and location of affordable units, term of affordability,
preliminary calculation of in-lieu fees, or offer of land dedication;
2. How the proposal meets General Plan policies and inclusionary housing requirement;
3. Plans and other exhibits showing preliminary site layout, grading, building elevations,
parking and other site features, location of affordable dwelling units and (where
applicable), market-rate dwelling units;
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Attachment 1
Ordinance No. 1458 (2004 Series)
Page 9
4. Description of incentives requested, including exceptions from development standards,
density bonuses, fee waivers or other incentives; and
5. Other information which the Director determines necessary to adequately evaluate the
proposal.
B. Director response. After receiving a complete planning application, including an affordable
housing proposal, the Director shall respond to the applicant or developer's affordable housing
proposal. The City response shall identify: 1) affordable housing issues and concerns; 2)
incentives which the Director can support when making a recommendation to the decision-
making body; and 3) procedures which will need to be followed to comply with the inclusionary
housing requirement.
17.19.110 Conditions of Development Approval.
A. Submittal of an Affordable Housing Agreement. Applicants and developers for development
projects subject to this chapter shall, as a condition of development approval, prepare and submit
an Affordable Housing Agreement for City approval. The draft agreement shall be reviewed by
the Director and City Attorney for compliance with project approvals, City policies and
standards, and applicable codes. Following approval and signing of the agreement by the parties,
the final agreement shall be recorded and relevant terms and conditions shall be recorded as a
deed restriction on those lots or affordable units subject to affordability requirements. The
Affordable Housing Agreement shall be binding to all future owners and successors in interest.
B. Agreements for constructing affordable units. For development projects meeting their
inclusionary requirement through construction of affordable dwelling units, the Affordable
Housing Agreement shall specify:
1. The number and location of affordable units;
2. The size (square footage), number of bedrooms, and design of the affordable units;
3. Terms of affordability;
4. Schedule for construction of the affordable units;
5. Incentives or other assistance to be provided by the City;
6. Where applicable, the procedures to be used for qualifying tenants or buyers, setting
rental/sales costs, renting or selling units, filling vacancies, and managing the units and
7. Other terms or conditions requested by City.
B. Agreements for real property dedication. For development projects meeting their
inclusionary housing requirement through real property dedication, the agreement shall specify:
1. The method of conveyance, schedule, and appraised value of the proposed dedication;
2. Calculation of housing in-lieu fees otherwise applicable to the project at the time of
recordation;
3. Title report and insurance;
4. Description of location, condition, improvements, and other relevant factors applying to
the property; and
5. Other information required by the City..
Ordinance No. 1458 (2004'series) -
Attachment 1
Page 10
C. Payment of in-lieu fees. An Affordable Housing Agreement shall not be required for projects
which meet their inclusionary housing requirement through the payment of in-lieu fees..
17.91.120 Program Requirements.
Only households qualifying as very low, low or moderate income, pursuant to the Affordable
Housing Standards, shall be eligible to rent, purchase or occupy inclusionary units developed or
funded in compliance with this requirement. For sale inclusionary housing units shall be owner
occupied for the term of the Affordable Housing Agreement.
17.91.130 Eligibility Screening. The City, its Housing Authority, or other housing provider
designated by the City shall screen prospective renters or buyers of affordable units. Renters or
buyers of affordable units shall enter into an agreement with City,its Housing Authority or other
housing provider to comply with the Affordable Housing Standards.
17.91.140 Affordability Restrictions.
Developers of affordable units for sale shall specify the type of affordability restriction to be
applied. The developer shall choose to either: 1) participate in a Shared Equity Purchase
Program, as described in Section 17.91.150, or 2) to enter into an affordable housing agreement
to ensure that affordability is maintained for the longest period allowed or required by State law,
but not less than 30 years. Affordable rental units shall be affordable for the longest period
allowed or required by State law, but not less than 30 years.
17.91.150 Shared Equity Purchase Program. Under this program, the qualified buyer of a
designated affordable dwelling unit shall enter into a shared equity agreement with the City.
Said agreement shall be recorded as a second trust deed against the purchased property, at no
interest, securing and stating the City's equity share in the property. The City's equity share
shall be calculated by the Director, and shall be the decimal percentage of the property's value
resulting from:
(a) the difference between the property's market value and the actual price paid by the
homeowner, divided by the market value, and/or when applicable,
(b) the amount of subsidy provided by the City to the homeowner to purchase the
property, divided by the property's market value.
Upon sale, the City's equity share shall be repaid to the City from the proceeds of the sale, less
the City's percentage share of title insurance, escrow fees and documentary transfer taxes, at the
close of escrow.
17.91.151. Early Resale of Shared Equity Properties. In the event of"early resale", owners of
properties subject to the Shared Equity Purchase Program shall either 1) pay an equity recapture
fee to the City as described in the schedule below, in addition to the City's equity share, or 2) sell
the property to another eligible household. "Early resale'' shall mean the sale, lease or transfer of
property in within five (5) years of the initial close of escrow. If owner chooses to pay the equity
recapture fee, the recapture fee shall be paid to the City upon resale at close of escrow, based on
Attachment 1
Ordinance No. 1458 (2004 series)
Page 11
the following schedule:
Year % of Equity Build-up Recaptured:
0-2 100%
3 75%
4 50%
5 25%
6 and after 0%
The recapture amount shall be determined prior to the calculation of escrow closing costs.
17.91.160 Management and Monitoring. Inclusionary rental units shall be managed and
operated by the property owner, or the owner's agent, for the term of the Affordable Housing
Agreement. Sufficient documentation shall be submitted to ensure compliance with this chapter,
to the satisfaction of the Director.
17.91.170 Enforcement and Appeals.
A. Enforcement. No final subdivision map shall be approved, nor building permit issued, nor
shall any other development entitlement be granted for a development project which does not
meet these requirements. No inclusionary unit shall be rented or sold except in accordance with
these requirements and the affordable housing standards.
B. Appeals. The Director shall administer and interpret these requirements, subject to
applicable codes and City procedures. Decisions of the Director are appealable, subject to the
zoning regulations appeal provisions. (SLOMC Ch.17.66).
17.91.180 Severability. If any provision of this chapter or-the application thereof to any person
or circumstances is held invalid, the remainder of the chapter and the application of the provision
to other persons or situations shall not be affected thereby.
jh/Uhousingelementimplementation/ordinanceno.1458(2004 Series)_lnclusionaryHousingRequirement
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Attachment 2
ORDINANCE NO. 1459 (2004 Series)
AN ORDINANCE AMENDING SAN LUIS OBISPO MUNICIPAL CODE
CHAPTER 17.88,EXEMPTING DOWNTOWN RESIDENTIAL
DEVELOPMENT AND AFFORDABLE MODERATE INCOME
HOUSING FROM THE RESIDENTIAL GROWTH MANAGEMENT
REGULATIONS
WHEREAS, on March 30, 2004, the City Council adopted an updated. General Plan
Housing Element; and
WHEREAS, the Housing Element contains numerous policies and programs intended to
expand housing opportunities for all income groups in San Luis Obispo; and
WHEREAS, Housing Element Program 6.3.1 requires amendments to the Residential
Growth Management Ordinance to exempt new housing in the Downtown Core (C-D zone),
and new housing in any other zone that is enforceably-restricted to moderate income
households from Residential Growth Management.
WHEREAS, the proposed amendment will help achieve the City's housing objectives by
preserving Downtown housing and ensuring that new Downtown development projects will
not remove more dwellings than have been built in the Downtown Planning Area since
March 30, 2004.
WHEREAS, to implement .said program, the City Council intends to amend the
Residential Growth Management Ordinance, San Luis Obispo Municipal Code Chapter
17.88.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Environmental Determination. The City Council hereby determines the
proposed ordinance amendment is policymaking and does not constitute a "project" as
defined under Section 21065 of the California Environmental Quality Act. Consequently, no
further environmental study is required.
SECTION 2. Findings. The City Council makes the following findings:
1. The proposed ordinance amendment is consistent with the General Plan.
2. The proposed ordinance amendment is necessary to implement Program 6.3.1 of the
General Plan Housing Element.
3. The proposed ordinance amendment will help expand affordable housing opportunities in
the Downtown and for moderate-income persons by exempting this form of housing from
Residential Growth Management, thereby providing a strong incentive for housing which
meets a variety of housing needs and budgets.
Ordinance No. 1459 (2004 series) - Attachment 2
Page 2
SECTION 3. Ordinance Amendment. The City Council hereby amends San Luis Obispo
Municipal Code Chapter 17.88 as shown in Exhibit A.
SECTION 4. Publication. A summary of this ordinance, approved by the City Attorney,
together with the names of the City Council members voting for and against it, shall be
published at least five days prior to its final passage, in the Tribune, a newspaper published
and circulated in this City. This ordinance will go into effect at the expiration of thirty (30)
days after its final passage.
INTRODUCED on the 5th day of October, 2004 AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the day of
2004, on the following roll call vote:
AYES:
NOES'.
ABSENT:
Mayor David F. Romero
ATTEST:
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
Jo Athan . Lowell, City Attorney
Ordinance No. 1459 (2004 Series) Attachment 2
Page 3
EXHIBIT A
Chapter 17.88
RESIDENTIAL GROWTH MANAGEMENT REGULATIONS
Sections:
17.88.010 Purpose and justification.
17.88.020 Allocations.
17.88.030 Adjustments to allocations requested by property owners.
17.88.040 Periodic City Council review and consideration of revisions.
17.88.010 Purpose and justification.
A. The regulations codified in this chapter are intended to assure that the rate of population
growth will not exceed the City's ability to assimilate new residents and to provide municipal
services, consistent with the maximum growth rates established in the general plan. Also, these
regulations are to assure that those projects which best meet the City's objectives for affordable
housing, infill development, open space protection, and provision of public facilities will be
allowed to proceed with minimum delay.
B. San Luis Obispo is a charter City, empowered to make and enforce all laws concerning
municipal affairs, subject only to the limitations of the City Charter and the Constitution and
laws of the state. Regulation of the rate of residential development is a reasonable extension of
municipal authority to plan overall development, in furtherance of the public health, safety and
general welfare.
C. According to the general plan land use element, the City should achieve a maximum annual
average population growth rate of one percent. The reserve of developable land within the City
and the capacity of proposed annexations could sustain growth rates which would exceed the
objectives of the general plan.
D. General plan policies and the annexation-area phasing schedule required by these regulations
reduce the likelihood that any property within the City might be deprived of reasonable
development entitlements through the operation of these regulations.
E. The growth rate policies of the general plan reflect the City's responsibility to accommodate a
reasonable share of expected state and regional growth.
F. To avoid further imbalance between the availability of jobs and of housing within the City, the
general plan also manages expansion of growth-inducing activities. The burdens of growth
management are not being placed solely on the residential sector, since it largely responds to
demands caused by other sectors.
G. Considering the likely levels of housing demand and construction throughout the housing
C� - 13
Ordinance No. 1459 (2004Series) Attachment 2
Page 4
market area, nearly coinciding with San Luis Obispo County, these regulations are not expected
to affect the overall balance between housing supply and demand in the market area. These
regulations will not impede and may help meet the needs of very-low, low, and moderate-income
households. (Ord. 1359 § 3 (part), 1999)
17.88.020 Allocations.
A. The City Council shall, by resolution, adopt a phasing schedule that allocates potential
residential construction among annexation areas, consistent with the general plan and with these
regulations.
B. The limitations on residential development established by these regulations apply to new
residential construction within certain areas that have been annexed to the City or that will be
annexed to the City. Development in such areas is subject to development plans or specific plans,
which shall contain provisions consistent with these regulations and with the phasing schedule.
C. For locations which the phasing schedule shows as "allowed," allocations shall be
implemented by the timing of issuance of building permits.
D. These regulations shall not limit the issuance of building permits for locations which the
phasing schedule shows as having an "assumed" rate of construction.
E. Dwellings affordable and enforceably-restricted to residents with very-low, low or moderate
incomes, as defined in the City's general plan housing element, and new dwellings in the
Downtown Core (C-D zone as shown in the most official Zoning Map) shall be exempt from
these regulations. Enforceably-restricted shall mean dwellings that are subject to deed
restrictions, development agreements, or other legal mechanisms acceptable to the City to ensure
long-term affordability, consistent with City Affordable Housing Standards. In expansion areas,
the overall number of units built must conform to the City-approved phasing plan..
F. It shall not be necessary to have dwellings allocated for a particular time interval or location
to process and approve applications for general plan amendment, zone change or other zoning
approval, subdivision, or architectural review. (Ord. 1359 § 3 (part), 1999)
17.88.030 Adjustments to allocations requested by property owners.
Upon verified written request by each owner for whom the timing of property development
would be affected by a proposed change (either hastened or delayed), the community
development director may adjust the allocation of dwellings among expansion areas shown in the
phasing schedule, so long as the total number of dwellings for all expansion areas within an
interval does not change. The director shall approve such requests upon determining that there
would be no substantial difference in provision of affordable housing, necessary public facilities,
or open space protection as a result of the adjustment. (Ord. 1359 § 3 (part), 1999)
17.88.040 Periodic City Council review and consideration of revisions.
Attachment 2
Ordinance No. 1459 (2004 Series)
Page 5
A. The community development department shall provide status updates to the City Council
concerning implementation of these regulations, coordinated with the annual report on the
general plan. The status update will describe actual construction levels and any adjustments to
allocations that have been approved by the director, and may include recommendations for
revisions.
B. Following consideration of the annual report, or at such other times as it deems appropriate,
the City Council may revise the phasing schedule. Such revisions shall be consistent with the
general plan. City Council approval shall be required to do any of the following:
1. Change the total number of dwellings that may be permitted within an interval;
2. Change the number of dwellings assumed for demolition or infill development or small
annexations, or allocated in total to expansion areas;
3. Reduce the number of dwellings previously allocated to a certain expansion area, when
there is not verified written approval by each affected owner;
4. Shift the years covered by intervals.
C. Before approving a revision, the City Council must conduct a public hearing. Notice of the
hearing shall be provided at least ten but not more than thirty days prior to the hearing, by
publication in a newspaper of general circulation in the City and by first-class mail to each owner
of property potentially affected by a delay in building permit issuance as compared with the
schedule in effect at that time. Owner information may be obtained from the county property
assessment role, or from other sources which the community development director determines
will provide complete and current information. Failure of an owner or owners to receive notice
shall not invalidate any duly adopted revision.
D. For in-City development and for minor annexations, the annual report shall compare the
actual number of permitted dwellings with the assumed rate of permit issuance. When the
previously assumed number of in-City and small-annexation permitted dwellings exceeds those
actually permitted, and expected to be permitted based on current trends and project processing,
the City Council shall consider revising the phasing schedule to make the difference available to
the current phases of large annexations.
E. If an annexation area does not fully use its allocation within the previously indicated interval,
the City Council shall consider assigning the unused potential to that same area in future
intervals. It is the intent of this part to encourage completion of neighborhoods that have been
started; provided, that doing so does not cause the allowed Citywide growth rate to be exceeded;
and further provided, that the allocations previously assigned to other annexation areas will not
be reduced without the approval of the affected landowners. (Ord. 1359 § 3 (part), 1999)
jh/Lhousingelementimplementation/ordinanceno.1459(2004 Series)_Residentialgrowthmanagement
C� ' 15�
Attachment 3
ORDINANCE NO. 1460 (2004 Series)
AN ORDINANCE AMENDING SAN LUIS OBISPO MUNICIPAL CODE
CHAPTER 17.86 TO ESTABLISH A DOWNTOWN HOUSING
CONSERVATION PROGRAM
WHEREAS, on March 30, 2004, the City Council adopted an updated General Plan
Housing Element; and
WHEREAS, the Housing Element contains numerous policies and programs intended to
expand housing opportunities for all income groups in San Luis Obispo; and
WHEREAS, Housing Element Program 3.3.5 establishes a "no net loss" housing
conservation program to ensure that within the Downtown Core and surrounding Downtown
Planning Area, the number of dwellings removed shall not exceed the number of dwellings
added; and
WHEREAS, to implement said program, the City Council intends to amend the
Downtown Housing Conversion Permit Ordinance, San Luis Obispo Municipal Code
Chapter 17.86.
NOW, THEREFORE,BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Environmental Determination. The City Council hereby determines the
proposed ordinance amendment is policymaking and does not constitute a "project" as
defined under Section 21065 of the California Environmental Quality Act. Consequently, no
further environmental study is required.
SECTION 2. Findings. The City Council makes the following findings:
1. The proposed ordinance amendment is consistent with the General Plan.
2. The proposed ordinance amendment is necessary to implement Program 3.3.5 of the
General Plan Housing Element.
3. The proposed ordinance amendment will help conserve housing by ensuring that there is
no net loss of housing in the Downtown Core and Downtown Planning Area.
SECTION 3. Ordinance Amendment. The City Council hereby amends San Luis Obispo
Municipal Code Chapter 17.86 as shown in Exhibit A.
SECTION 4. Publication. A summary of this ordinance, approved by the City Attorney,
together with the names of the City Council members voting for and against it, shall be
published at least five days prior to its final passage, in the Tribune, a newspaper published
and circulated in this City. This ordinance will go into effect at the expiration of thirty (30)
days after its final passage.
Attachment 3
Ordinance No. 1460 (2004 Series)
Page 2
INTRODUCED on the 5th day of October, 2004 AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the day of
2004, on the following roll call vote:
AYES:
NOES:
ABSENT:
Mayor David F. Romero
ATTEST:
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
Jc6!jbAdP. Lowell, City Attorney
I
Ordinance No. 1460 (2004 Series) Attachment 3
Page 3
Chapter 17.86
DOWNTOWN HOUSING CONSERVATION REGULATIONS
Sections:
17.86.010 Purpose and intent.
17.86.020 Area of application..
17.86.030 Definitions.
17.86.040 Land uses affected.
17.86.050 No net housing loss
17.86.060 Exceptions.
17.86.070 Findings required.
17.86.080 Conditions of approval.
17.86.090 Public hearing -Notification.
17.86.091 Interpretation and Conditions.
17.86.092 Severability.
17.86.010 Purpose and intent
It is the desire and intent of the City to preserve housing in the central businessdistrict and
surrounding Downtown Planning Area. It is also the intent of the City to preserve housing that is
affordable to very-low, low- and moderate-income households and to encourage mixed
residential and commercial uses, where appropriate, to implement General Plan goals. The
provisions of this chapter are intended to achieve these goals by regulating the conversion of
downtown housing to nonresidential uses. (Prior code § 9900)
17.86.020 Area of application.
Provisions of this chapter shall apply to the downtown planning area shown in Figure 1.
17.86.030 Definitions. Where not defined herein, terms shall be as defined in the Zoning
Regulations,Title.17 of the Municipal Code.
A. Downtown Core. That central downtown area of the City zoned "C-D" (Downtown
Commercial) in the most recently adopted Zoning Map.
B. Conversion. A change in the primary use of at least 51 percent of the floor area of a legally
permitted dwelling or building from residential to non-residential use, or physical change in
design of 51 percent of an individual dwelling's or building's floor area to accommodate non-
residential uses.
Attachment 3
Ordinance No. 1460 (2004 Series)
Page 4
C. Development Project. Any public or private action for which a City construction permit or
planning approval is required, including architectural review, use permit, variance, subdivision
or other approval.
D. Downtown Planning Area. The central part of the City, generally bounded by Highway
101, the railroad, and High Street, including the commercial core and surrounding
neighborhoods, as shown in Figure 1.
E. Net Housing Loss. Where the number of residential units removed through demolition,.
remodeling or conversion to non-residential uses exceeds the number of dwellings added through
new construction, additions, remodeling, or relocation within the Downtown Core, or in the area.
outside the Downtown Core but within the Downtown Planning area. The cumulative number of
dwellings added and residential units removed based on City final building inspections, within
each of the above areas, shall be determined separately, and shall be based on the number of
dwellings existing on March 30, 2004, as determined by the Director.
F. .Replacement Unit. A dwelling which is built, moved or remodeled to replace a residential
unit lost through demolition or remodeling or conversion to non-residential use.
G. Residential Use. A land use which includes "dwellings," ..boarding/rooming house,"
"dormitory," "residential care facilities," "caretakers' quarters," "hotel/motel," "hostel," "bed
and breakfast inn," ..fratemity(or sorority) house," or "live-work unit," as defined by the Zoning
Regulations and listed in Table 9, Chapter 17.22 of the Municipal Code..
H. Residential Unit. A structure which is on a permanent foundation, with provisions for
sleeping and sanitation, and which is permanently connected to utilities. A residential unit may
or may not contain provisions for cooking, and may be single, detached or in a multiple unit,
attached configuration.
I. Subarea. The geographic are corresponding to either the Downtown Core, or the area outside
the Downtown Core but within the Downtown Planning Area, as shown in Figure 1.
17.86.040 Land uses affected.
Provisions of this chapter shall apply to properties that contain one or more dwelling units and
to all group housing, including "boarding or rooming houses" or "dormitories," "residential care
facilities" or "caretakers' quarters", "hotels and motels" or "hostel' or "bed and breakfast inn",
"fratemity(or sorority) house" which have one or more individual rooms for rent, and to "live-
work units", as defined by the Zoning Regulations and listed in Table 9, Chapter 17.22 of the
Municipal Code.
17.86.050 No net housing loss.
Development projects within the downtown planning area shall not result in a net housing loss.
If the Director determines that a development project would result in a net housing loss, the
developer shall replace residential units to be removed, whether the units to be removed are
Attachment 3
Ordinance No. 1460 (2004 Series)
Page 5
occupied or not. Residential units shall be replaced on a one — for one basis, and shall be built
concurrently with the development project. Replacement units may be of any size, type, or
tenure, consistent with Zoning Regulations and as approved by the Architectural Review
Commission or the Director. Replacement units shall be located within the same subarea as the
units removed, but need not be located on the same site as previously existed. Development
projects shall meet the following standards, to the approval of the Director:.
A. Vacation of Unit. Each tenant shall have the right to remain not less than sixty days from the
date of City approval of a development project exception. The Director or Council may grant an
extension to this right to remain for a period of time not to exceed an additional thirty days.
B. No Increase in Rent. A tenant's rent shall not be increased during the period provided in
subsection A of this section.
C. Affordability of Units. The development project shall include dwelling units affordable to
low and moderate income persons, at rents or sales prices that meet the City's Affordable
Housing Standards. The number of dwellings to be rented or sold at affordable levels shall equal
the maximum number of affordable dwellings that existed within the 24-month period
immediately prior to the application for the conversion permit, but in no case less than that
required under the Inclusionary Housing Affordable Housing Requirement in the General Plan
Housing Element.
D. Tenant Relocation Assistance. For very-low, low-, or moderate-income residents displaced
by the development project, the developer shall provide relocation assistance, to the approval of
the Director. Such assistance may include, but is not limited to: giving tenants the first right of
refusal to purchase or rent affordable replacement units, reimbursement of moving costs, and/or
providing rental
17.86.060 Exceptions.
The City Council may grant exceptions to the provisions of this chapter, subject to the findings
listed in 17.86.070. In granting an exception, the City Council may establish conditions to
ensure the intent of general plan policies is met, as described in 17.86.080. The application
requirements and procedures shall be as required for a planning commission use permit as
provided in SLOW Ch. 17.58.
17.86.070 Findings required.
To grant an exception, the City Council must make each of the following findings:
Findings:
A. Approval of an exception is consistent with the San Luis Obispo general plan and
specifically, with Housing Element policies regarding no net housing loss, affordable
housing,and mixed uses in the Downtown Planning Area.
0 ^�
Ordinance No. 1460 (2004 series) Attachment 3
Page 6
B. Granting the exception will not adversely affect affordable housing opportunities for
very-low, low, or moderate income persons, either individually or cumulatively.
C. The proposed project will not result in a significant loss of housing when compared with
the total number of existing dwellings in the Downtown Core or Downtown Planning
Area outside the Core.
D. Granting the exception will further the achievement of other community goals, such as
removing substandard or dangerous housing, improving physical accessibility,
rehabilitating a historic structure, or Downtown beautification.
E. It is physically infeasible to rehabilitate or relocate the housing to be removed or
converted.
F. No public purpose would be served by the strict enforcement of the no net loss policy due
to mitigating factors(include specific mitigating factors).
17.86.080 Conditions of approval.
The City Council may establish conditions of approval which provide for the general health,
safety and welfare of residents displaced by the proposed development, and to achieve the intent
of General Plan housing conservation policies and mitigate the loss of housing
17.86.090 Public hearing-Notification..
Prior to acting on an exception request, the City Council shall hold a public hearing, and notice
of the time, date, place and purpose of the heating shall be given to the residents of the proposed
conversion and to owners and residents within 300 feet of the affected property. Said property
shall be posted, and an advertisement shall be published in a newspaper of general circulation, at
least ten days before the public hearing. (Prior code § 9904)
�Ol r�
Ordinance No. 1460 (2004`az ies) Attachment-3 _
Page 7
Figure 1
Downtown Planning Area
Railroad
®®®
right-of-way
Highway 101
®®
Planning Area 6
bounds
Downtown Gore
HlgrthRmStreet
_ ❑_ q7I �Ktnt1
a
jMAousmgelemen&Vlementation/ordinanceno.1460(2004 Series)_DowntowaHousingConversion
ca ��
Attachment 4
ORDINANCE NO. 1461 (2004 Series)
AN ORDINANCE AMENDING SAN LUIS OBISPO MUNICIPAL CODE
CHAPTER 2.48 EXEMPTING SMALL RESIDENTIAL
DEVELOPMENT PROJECTS FROM ARCHITECTURAL REVIEW
COMMISSION REVIEW
WHEREAS, on March 30, 2004, the City Council adopted an updated General Plan
Housing Element; and
WHEREAS, the Housing Element contains numerous policies and programs intended to
expand housing opportunities for all income groups in San Luis Obispo; and
WHEREAS, Housing Element Program 2.3.1 requires amendments to the Inclusionary
Housing Requirement to modify the formula under which new residential subdivisions and
residential development projects meet the inclusionary requirement; as shown in Tables 2
and 2A of the Requirement; and
WHEREAS, amendments are also necessary to clarify the calculation of in-lieu fees
Table 2A and for custom lot residential subdivisions, to explain how the Table 2A
adjustment factor is applied, and to clarify how the inclusionary housing requirement applies
to mixed-use development.
WHEREAS, to implement said program, the City Council intends to amend the
Inclusionary Housing Requirement Ordinance, San Luis Obispo Municipal Code Chapter
17.91.
NOW,THEREFORE,BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Environmental Determination. The City Council hereby determines the
proposed ordinance amendment is policymaking and 'does not constitute a "project" as
defined under Section 21065 of the California Environmental Quality Act. Consequently, no
further environmental study is required.
SECTION 2. Findings. The City Council makes the following findings:
1. The proposed ordinance amendment is consistent with the General Plan.
2. The proposed ordinance amendment is necessary to implement Program 2.3.1 of the
General Plan Housing Element.
3. The proposed ordinance amendment will help expand affordable housing opportunities
for low- and moderate-income persons by providing incentives for the construction of
housing that is "affordable by design", and by clarifying inclusionary housing
requirements.
Ca ��3
Attachment 4
Ordinance No. 1461 (2004 Series)
Page 2
SECTION 3. Ordinance Amendment. The City Council hereby amends San Luis Obispo
Municipal Code Chapter 17.91 as shown in Exhibit A.
SECTION 4. Publication. A summary of this ordinance, approved by the City Attorney,
together with the names of the City Council members voting for and against it, shall be
published at least five days prior to its final passage, in the Tribune, a newspaper published
and circulated in this City. This ordinance will go into effect at the expiration of thirty (30)
days after its final passage.
INTRODUCED on the 5th day of October, 2004 AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the day of
2004, on the following roll call vote:
AYES:
NOES:
ABSENT:
Mayor David F. Romero
ATTEST:
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
Jona an P well, City Attorney
Ca ��
Ordinance No. 1461 (2004 Series) Attachment 4
Page 3
EXHIBIT A
2.48.50 Projects subject to architectural review.
A. Architectural review shall be required for all structures and physical improvements except
individual built single-family dwellings and small residential development projects. The
exception for the individual single-family dwellings shall not apply: (1) when architectural
review is required as a condition of a subdivision, use permit or other discretionary
entitlement; (2) when a developer proposes to construct three or more units, and these units
do not constitute a "small residential development projects" as defined herein; (3) when the
Director determines the site is sensitive as set forth in the procedures document; "sensitive
sites" shall include, but are not limited to, open space zoning areas designated by resolution
of the Planning Commission, Architectural Review Commission or City Council; (4) where
the scale or character of the proposed dwelling contrasts significantly with adjacent or
neighboring structures; and (5) where any required parking space that is covered is converted
to another use and replacement parking is proposed. "Small residential development
projects" are projects consisting of the construction, rehabilitation or remodel of less than
five dwellings, where the gross floor area of individual dwellings does not exceed 1200
square feet. The Director may require minor or incidental architectural review where
necessary to meet the intent of the City's design guidelines.
B. Architectural review shall be required for all projects, including individual-built single
family dwellings and small residential development projects, located in or along any creek or
waterway as defined by the City's floodplain management policy. Approval shall be granted
if a finding can be made that a project complies with the uniform storm design criteria for
waterways, all other applicable policies and standards for floodplain management, and
otherwise satisfies relevant architectural criteria. Projects involving any building or bridge
proposed to be constructed in or over any portion of any of the four major creeks or
waterways, as defined by said policy, or any major creek modification project shall be
referred to the City Council for review and specific directional guidance prior to any
architectural review.
jh/Lhousingelementimplementation/ordinanceno.I458(2004 Series)_InclusionaryHousingRequirement
Attachment 5
ORDINANCE NO. 1462 (2004 Series)
AN ORDINANCE AMENDING SAN LUIS OBISPO MUNICIPAL CODE
CHAPTER 17.22 TO PROTECT THE CONTINUANCE OF LEGAL,
CONFORMING NON-RESIDENTIAL USES ADJACENT TO OR
NEARBY PROPOSED NEW HOUSING DEVELOPMENTS
WHEREAS, on March 30, 2004, the City Council adopted an updated General Plan
Housing Element; and
WHEREAS, the Housing Element contains numerous policies and programs intended to
expand housing opportunities for all income groups in San Luis Obispo; and
WHEREAS, Housing Element Program 11.3.1 states that "the City will adopt measures
ensuring the ability of legal, conforming non-residential uses to continue where new housing
is proposed on adjacent or nearby sites"; and
WHEREAS, to implement said program, the City Council intends to amend the Use
Regulation Ordinance, San Luis Obispo Municipal Code Chapter 17.22.
NOW, THEREFORE,BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Environmental Determination. The City Council hereby determines the
proposed ordinance amendment is policymaking and does not constitute a "project" as
defined under Section 21065 of the California Environmental Quality Act. Consequently, no
further environmental study is required.
SECTION 2. Findings. The City Council makes the following findings:
1. The proposed ordinance amendment is consistent with the General Plan.
2. The proposed ordinance amendment is necessary to implement Program 11.3.1 of the
General Plan Housing Element.
3. The proposed ordinance amendment will help ensure the ability of legal, conforming
non-residential uses to continue where new housing is proposed on adjacent or nearby
sites.
SECTION 3. Ordinance Amendment. The City Council hereby amends San Luis Obispo
Municipal Code Chapter 17.22 as shown in Exhibit A.
SECTION 4. Publication. A summary of this ordinance, approved by the City Attomey,
together with the names of the City Council members voting for and against it, shall be
published at least five days prior to its final passage, in the Tribune, a newspaper published
and circulated in this City. This ordinance will go into effect at the expiration of thirty (30)
days after its final passage.
� '�
Ordinance No. (2004 Series) Attachment 5
Page 2
INTRODUCED on the 5th day of October, 2004 AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the day of
2004, on the following roll call vote:
AYES:
NOES:
ABSENT:
Mayor David F. Romero
ATTEST:
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
Jon . Lowell, City Attorney
Ca - tv-)
r
Ordinance No. (2004 Series) -' Attachment 5
Page 3
Chapter 17.22
USE REGULATION
Section:
17.22.010 Uses allowed by zones.
A. Status of Uses. Uses within zones shall be as provided in Table 9, subject to parts B through
G below. In Table 9, symbols shall have these meanings:
A The use is allowed;
D If the director approves an administrative use permit as provided in Sections 17.58.020 through
17.58.080, the use may be established;
PC If the planning commission approves a use permit as provided in Sections 17.58.020 through
17.58.080, the use may be established;
A/D The use is allowed above the ground floor. If the director approves an administrative use
permit, it may be established on the ground floor.
Special notes affecting the status of uses, indicated by number in Table 9, may be found at
the end of the table.
B. Interpretation of Use Listing.These regulations are intended to permit similar types of
uses within each zone. The director, subject to the appeal procedures of Chapter 17.66, shall
determine whether uses which are not listed shall be deemed allowed or allowed subject to use
permit approval in a certain zone. This interpretation procedure shall not be used as a substitute
for the amendment procedure as a means of adding new types of uses to a zone.
C. Principal and Accessory Uses. Listed uses are principal uses. Accessory uses are
allowed with principal uses.
D. Production and Sales. Where manufacturing is allowed, incidental sale of items made
on the premises is allowed. When sale of a particular type of item is allowed, craftsman-type
production of such an item for sale on the premises is allowed.
E. Public School Uses. See Section 17.36.030 concerning uses which may be established
within public schools.
F. Prohibition of Drive-through Facilities. Drive-through facilities are not allowed in any
zone.
G. Airport Land Use Plan Consistency. Some land subject to City zoning is also subject
to the Airport Land Use Plan, which is adopted and amended from time to time by the San Luis
Obispo County Airport Land Use Commission. The Airport Land Use Plan establishes additional
limitations on uses, which do not apply to City-adopted zones outside the area subject to the
Airport Land Use Plan. Table 9 is to be applied consistently with the Airport Land Use Plan on
land subject to that plan. Specifically, the following provisions shall apply.
0"'a
Ordinance No. (2004 Serres) ATTACHMENT
5
Page 4
1. Prohibited Uses. No use shall be established which:
a. Entails installation, construction, or enlargement of a structure that would constitute an
obstruction to air navigation, as defined in the Airport Land Use Plan, except as may be
approved by the Airport Land Use Commission and the Federal Aviation Administration;
b. Entails a risk of physical injury to operators or occupants of aircraft (such as outdoor laser
light shows);
c. Causes smoke or vapors, lighting, illumination, or reflective glare, or an electromagnetic
disturbance that would interfere with aircraft navigation or communication;
d. Attracts birds to the extent of creating a significant hazard of bird strikes (examples are
outdoor storage or disposal of food or grain, or large, artificial water features; this provision is
not intended to prevent enhancement or protection of existing wetlands or the mitigation of
wetlands impacts).
e. Is not allowed by the noise policies of the Airport Land Use Plan, subject to modified
provisions for the Margarita Specific Plan Area;.
f. Is not allowed by the Airport Land Use Zones (numbered 1 through 6) and the associated
Land Use Matrix, subject to modified provisions for the Margarita Specific Plan Area;
g. Is not allowed by the Airport Safety Areas and associated safety policies, subject to modified
provisions for the Margarita Specific Plan Area.
2. Conditionally Approvable Uses. No use listed as "conditionally approvable" by the Airport Land
Use Plan's Land Use Matrix shall be established until the City has referred the proposed use to
the Airport Land Use Commission and that commission has rendered a written determination that
the use will be consistent with the Airport Land Use Plan. If a use permit is required by Table 9 of
the City's Zoning Regulations, the Airport Land Use Commission's determination must be
received by the City before the City acts on the use permit. If a use listed as "conditionally
approvable" by the Airport Land Use Plan is shown as allowed by Table 9, that use shall be
subject to City approval of an administrative use permit following a referral to, and determination
by,the Airport Land Use Commission. City approval of the use permit shall incorporate conditions.
or relevant project description identified by the Airport Land Use Commission in making its
determination.
The Airport Land Use Commission may determine that a use listed as "conditionally approvable"
cannot be made consistent through the incorporation of reasonably available conditions, in which
case the use permit shall be denied.
3. Uses not listed in the Airport Land Use Plan. For uses listed in Table 9 but not in the Airport Land
Use Plan, the director shall determine which use listed in the Airport Land Use Plan is most
similar and the resultant status of the use. The director may consult with the Airport Land Use
Commission in making such determinations.
4. Notwithstanding section 17.22.O10G.above,the provisions of this section are not intended to supercede the
provisions of Article 3.5 of the Public Utilities Code commencing with section 21670.
H. Right to Continue Existing Non-Residential Uses. Legal, conforming non-residential
uses shall have the right to continue operation, subject to compliance with applicable Zoning
Regulations when established prior to the development of housing on adjacent or nearby sites.
City approvals of housing developments adjacent to or within 300 feet of such uses shall include
a condition requiring written notice to new home buyers and/or renters of possible characteristics
associated with non-residential uses, such as noise, odors, vibration, and lighting.
ddVhousinWoSams/ordinance(2004 series)_RighfroContinueNon-ResidentialUse