HomeMy WebLinkAbout03/07/2006, C2 - ADOPTION OF AN ORDINANCE AMENDING TITLE 16 OF THE MUNICIPAL CODE, THE CITY'S SUBDIVISION REGULATION COW .*At 3111,
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CITY OF SAN LUIS OBISPO
FROM: John Mandeville, Community Development Direct9714
Prepared By: Philip Dunsmore, Associate Planner
SUBJECT: ADOPTION OF AN ORDINANCE AMENDING TITLE 16 OF THE
MUNICIPAL CODE, THE CITY'S SUBDIVISION REGULATIONS,
AND REPEALING SECTION 17.82, RESIDENTIAL CONDOMINIUM
DEVELOPMENT AND CONVERSION.
CAO RECOMMENDATION
Adopt Ordinance No. 1490.
DISCUSSION
Situation
On February 21, 2006, the City Council voted 4 to 1 to introduce Ordinance No. 1490,
amending Title 16 and repealing Section 17.82 of the Municipal Code. Ordinance No.
1490 is now ready for adoption and will become effective 30 days after the date of its
final passage.
Sip?nificant Impacts
The City Council adopted a Negative Declaration for the project that concluded that no
significant environmental impacts are anticipated with the Municipal Code amendments.
Consequences of Not Takiniz the Recommended Action
If the Council does not adopt the ordinance, the Municipal Code would remain as is, until
alternative amendments are approved.
ATTACHMENT
Ordinance No. 1490
Subdivision Regulations available in Council Reading File and in City Clerk's Office
G:\Pdunsmore\'Text Amendments\Subdivision Ordinance\City CounciRCC 2nd read(3-7-06).doc
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ORDINANCE NO. 1490 (2006 Series)
AN ORDINANCE OF THE CITY COUNCIL OF SAN LUIS OBISPO REPEALING
CHAPTER 17.82 AND AMENDING CHAPTER 16 OF THE MUNICIPAL CODE
THE CITY'S SUBDIVISION REGULATIONS
(TA/ER 153-04)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on January 11, 2006 and recommended approval of amendments to the Citywide
subdivision regulations including the repeal of Chapter 17.82, incorporating the condominium
regulations into a revised Chapter 16;and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on February
21, 2006, for the purpose of considering Application TA/ER 153-04; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the Council has reviewed and considered the Mitigated Negative
Declaration of environmental.impact for the project; and
WHEREAS, the Council has duly considered all evidence, including the
recommendation of the Planning Commission, testimony of interested parties, and the evaluation
and recommendations by staff,presented at said hearing.
WHEREAS, the City Council finds that the proposed text amendment is consistent with
the General Plan, the purposes of the Subdivision Map Act, and other applicable City ordinances;
and
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Environmental Determination. The City Council finds and determines that
the project's Negative Declaration adequately addresses the potential environmental impacts of
the proposed text amendment to the Subdivision Regulations, and reflects the independent
judgment of the City Council. The Council hereby adopts said Negative Declaration.
SECTION 2. Findings. The City Council makes the following findings:
1. The proposed amendments are necessary to comport with amendments to the State of
California Subdivision Map Act over the past 10 years.
2. The proposed amendments will allow the City's Subdivision Regulations to be consistent
with the description of subdivisions as recognized by the Department of Real Estate and
as provided in the Davis Sterling Act.
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Ordinance No..(2006Series)
TA/ER 153-04 Subdivision Regulations
Page 2
3. The proposed amendments will recognize current development trends and allow for the
incorporation of necessary subdivision amenities and appropriate subdivision design
standards as recognized by the City's recently adopted Community Design Guidelines.
4. The proposed amendments are consistent with General Plan policies since the regulations
implement General Plan policies associated with preservation of neighborhood character,
establishment of Open Space, and the preservation of established General Plan density
standards.
5. The proposed amendments will not significantly alter the character of the neighborhoods
or cause significant health, safety or welfare concerns, since the regulations do not alter
the density, character, or allowed uses within the City. Instead, the regulations define the
logical interpretation of ownership boundaries and the municipal procedures surrounding
the establishment of such ownership boundaries.
6. The proposed amendments will not result in significant impacts to the environment,
therefore the draft Negative Declaration is appropriate for the scope of the text
amendment.
SECTION 3. Action. Title 16 (Subdivisions) and Chapter 17.82 (Residential
Condominium Development and Conversion) of the San Luis Obispo Municipal Code are hereby
repealed in their entirety. New Title 16 (Subdivisions), a copy dated February 2006 of which is
on file in the Office of the City Clerk, is hereby adopted.
SECTION 4. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final passage,
in the Telegram-Tribune, a newspaper published and circulated in this City. This ordinance shall
go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the 21 st day of February, 2006, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the _ day of , 2006, on the following roll
call vote:
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Ordinance No.(2006Series)
TA/ER 153-04 Subdivision Regulations
Page 3
AYES:
NOES:
ABSENT:
Mayor David F. Romero
ATTEST:
City Clerk Audrey Hooper
APPROVED AS TO FORM:
Ct torney Jonathan Lowell
GAPdunsmorelText AmendmentASubdivision OrdinancelCity CounciMinal ordinance.doc
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