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HomeMy WebLinkAbout08/21/2007, C4 - ADOPTION OF AN ORDINANCE AMENDING TITLE 16 OF THE MUNICIPAL CODE, THE CITY'S SUBDIVISION REGULATION counC,iL j aGEnaa Repoin u®nmse C CITY OF SAN LUIS OBISPO FROM: John Mandeville, Community Development Direct Prepared By: Philip Dunsmore, Associate Planner SUBJECT: ADOPTION OF AN ORDINANCE AMENDING TITLE 16 OF THE MUNICIPAL CODE,THE CITY'S SUBDMSION REGULATIONS. CAO RECOMMENDATION Adopt Ordinance No. 1507. DISCUSSION Situation On July 17, 2007, the City Council voted 4 to 0, (Settle absent), to introduce Ordinance No. 1507, amending Title 16 to incorporate regulations regarding airspace subdivisions and to incorporate minor text updates. Ordinance No. 1507 is now ready for adoption and will become effective 30 days after the date of its final passage. Significant Impacts The City Council adopted an addendum to a Negative Declaration for the project that concluded that no significant environmental impacts are anticipated with the Municipal Code amendments. Consequences of Not Taking 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. 1507 GXD-PLAN\Pdunsmore\Text Amendments\SubdMsion OrdinanceUune 2007 Edits\CC 2nd read(5-21-07).doc Cy-i ORDINANCE NO. 1507 (2007 Series) AN ORDINANCE OF THE CITY COUNCIL OF SAN LUIS OBISPO AMENDING CHAPTER 16 OF THE MUNICIPAL CODE, THE CITY'S SUBDIVISION REGULATIONS TO ACCOMMODATE AIRSPACE SUBDIVISIONS AND TO INCORPORATE MINOR TEXT AMENDMENTS . (TA/ER 75-07) 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 June 13, 2007 and recommended approval of amendments to the Citywide subdivision regulations to accommodate Airspace Subdivisions and to incorporate minor text amendments; 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 July 17, 2007,for the purpose of considering Application TA/ER 75-07; 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 Addendum to the adopted 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 addendum to the 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 addendum to the Negative Declaration. SECTION 2. Findings. The City Council makes the following findings: 1. The proposed amendments are necessary to accommodate the evolution of commercial real-estate and to accommodate a recognized form of subdividing properties known as "Airspace Subdivisions". Airspace subdivisions will benefit both private development and local jurisdictions by allowing the individual ownership boundaries (real lot lines) to i � l Ordinance No.(2007Series) TA/ER 75-07 Subdivision Regulations Page 2 be created within a single building. 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 adopted by the Davis-Sterling Act. 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 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. 5. The proposed amendments will not result in significant impacts to the environment, therefore the draft addendum to the adopted Negative Declaration is appropriate for the scope of the text amendment. SECTION 3. Action. Title 16 (Subdivisions) of the San-Luis Obispo Municipal Code is hereby amended as set forth in attached Exhibit A. 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 17th day of July, 2007, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the _ day of 2007, on the following roll call vote: AYES: NOES: ABSENT: Mayor David F. Romero `j yr� Ordinance No. (2007Series) TA/ER 75-07 Subdivision Regulations Page 3 ATTEST: City Clerk Audrey Hooper APPROVED AS TO FORM: ty rney Jonathan Lowell GAMPLAWdunsmore\Text Amendments\Subdivision OrdmanceUune 2007 Edits\Dmft ord.LDDC �y-y Exhibit A August 2007 Subdivision Regulations Update 16.08.040 Subdivisions Creating Five or More Parcels, Lot Line. Adjustments Involving Five or More Parcels: Tentative Map and Final Map Unless exempt under Section 16.02.050 or qualified for processing pursuant to Section 16.08.040 below, a tentative or vesting tentative and final map are required for all subdivisions creating five (5) or more parcels, Lot Line Adjustments involving five or more parcels, residential condominiums and townhouses with five or more units, stock cooperative apartment units, a community.apartment project containing five (5) or more parcels or an airspace subdivision containing five (5) or more parcels. A final map is utilized as the recording instrument fora subdivision involving five or more parcels. 16.10.020 Tentative Map: Form and Contents Unless exempted by the Community Development Director, the tentative map shall be prepared by, or under the direction of, a licensed land surveyor ora State registered civil engineer authorized to practice land surveying. The map shall consist of one or more sheets, all of equal size. The scale of the map shall be one (1) inch equals one hundred (100) feet or larger (not to be in metric unless conversion units are noted on the map for each dimension). If necessary to provide the proper scale, more than one sheet may be used, but the relation of the several sheets shall'be clearly shown on each. 16.12.020 Application Procedures and Requirements 1. A statement that Architectural Review approval has been granted, or a complete application for Architectural Review approval and plans have been filed which will be concurrently processed with the vesting tentative map for all buildings to be constructed on lots within the boundary of the vesting tentative map. Tentative Maps that are pan of a Planned Development Zoning application or are pan of a Specific Plan are exempt from this.requirement. 2. A statement that the vesting tentative map is consistent with the current zoning, or that an application has been filed for rezoning or prezoning the land which will be processed concurrently with the vesting tentative map. If a planned development(PD) is required, the PD shall be processed prior to or concurrently with the vesting tentative map. 16.12.025 Development Inconsistent with Zoning- Conditional Approval Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning in existence at that time, that inconsistency shall be noted on the map. If a change in the zoning or issuance of a planned e7 - development rezoning, or use permit is obtained, the approved or conditionally approved vesting tentative map shall confer the vested right to proceed with the development in substantial compliance with the change in the zoning, P.D. or Use Permit and the map as approved. 16.12.030 Failure to Obtain Architectural Review Approval Unless exempted as described in 16.12.020 B.1 above, approval of a vesting tentative map is contingent upon architectural review approval of the site improvements and all structures within the boundaries of the map. If the subdivider filed a complete application for Design Review approval concurrently with filing the vesting tentative map application and final action has not been taken on the Architectural Review application, the subdivider may request that the City defer action on the vesting tentative map application until after final action has been taken on the Architectural Review application, provided that the subdivider agrees to an extension of any time periods within which the City is legally required to act on the vesting tentative subdivision map application. 16.12.040 Approval of Vesting Tentative Map Approval of a vesting tentative map shall not be granted until after the project has received approval from the Architectural Review Commission unless exempted as described in 16.12.020 B.1 above. Nor shall approval of the vesting tentative map be granted unless the review body first determines that the intended development of the subdivision is consistent with the zoning regulations applicable to the property, in addition to all other required findings for approval of tentative maps as outlined in Section 16.10.1.10. 16.12.045 Development Rights A. When a vesting tentative map is approved or conditionally approved, that approval confers a vested right to proceed with the development in compliance with the ordinances, policies, and standards (excluding fees) in effect at the time the tentative map is approved. Consistent with Subdivision Map Act Section 66474.2, the effective date of the vesting rights shall be the date the vesting map application is deemed complete. B. Notwithstanding (A) above, the review body may condition or require an amendment to the map or disapprove a permit, approval, extension or entitlement, if one of the following applies: I. Failure to do so will put the residents of the subdivision andlor the immediate community in a condition dangerous to their health or safety. 2. Action is required to comply with State or Federal law. 16.17.010 Purpose and Applicability As further described in the definitions section, Chapter 16.26,035, Airspace Subdivisions differ from Common Interest Subdivisions in that they do not share interest in a common area within the map boundaries. Instead, airspace subdivisions divide property ownership into three-dimensional spaces, often stacked upon one another. Airspace condominiums in residential zoning districts are not included in this category and are instead regulated by the Common Interest Subdivision standards described above and in Sections 16.17.020 and 16.17.030. Airspace Subdivisions are not allowed within residential zoning districts and are intended to serve mixed use, multi-story buildings within all commercial zoning districts. 16.17.030 Property Improvement Standards for Common Interest Subdivisions A. Common open space. There shall be provided in each project of five or more units a minimum of one hundred square feet of qualifying open space per unit for projects in the R-3 or R-4 zones and one hundred fifty square feet for projects in the R-2 zone. To qualify, open space shall have a minimum dimension in every direction of ten feet for open space provided at ground level or six feet for open space provided on a balcony or elevated deck, and must be located outside the street yard required by zoning regulations. Common open space need not be located with each unit. 16.017.040 Application Requirements for Airspace Subdivisions In addition to application submittal requirements for Tentative Maps provided in Chapter 16.10, the following additional information is required in order to complete an application submittal: A. The tentative map shall provide a cross-sectional drawing showing how the proposed building or buildings are to be divided into ownership boundaries. B. Airspace subdivisions are subject to the City's Architectural Review process and require a separate application for Architectural Review. The information required for the architectural review application can be found on the City checklist for architectural review applications and is available at the Community Development Counter. In summary, a development plan that includes the following information will be required: I. A site plan with proposed building footprints with property boundaries. All dimensions shall be clearly labeled. 2. Proposed building elevations with dimensions and floor plans. 3. Parking stalls, driveways and associated public improvements shall be provided and clearly dimensioned in accordance with the City's Parking and Driveway Standards. 4. A list of property statistics, including any proposed exceptions, shall be provided on the plans. The statistics shall include a list of property development standards such as floor area ratio, coverage, height, and setbacks. 5. Location of easements to allow all lots to access the public right of way. 6. Any other information deemed necessary by the Community Development Director 16.17.050 Property Improvement Standards for Airspace Subdivisions A. All tentative maps creating airspace lots, as defined by Chapter 16.26.035 shall be required to incorporate a deed restriction which ensures the following: 1. Air space lots shall have access to appropriate public rights of way by means of one or more easements or other entitlements to use, in a form satisfactory to the Public Works Director,.and Chief Building Official. 2. Parking requirements, inclusionary housing requirements, Building Code requirements, all other applicable property development standards required by the Zoning Regulations, and any other technical code requirements affecting the development of the property, shall be. determined for the air space lots as if all lots in the air space subdivision were merged into the same lot.. B. Individual buildings that are subdivided by an airspace map shall be reviewed as a single building for purposes of the building code, zoning code, and General Plan policies. Property development standards including, but not limited to density, lot coverage, floor area ratio, parking, height, and setbacks shall be calculated as if the subdivided building were within one lot. 16.17.060 Required Findings for Condominium Conversions A. That: (1)Any existing deed-restricted affordable housing units shall remain at affordable rates for the remainder of the recorded agreement or (2) an equivalent number of new units comparable in affordability and amenities to those being converted are being created as part of the new project; and that low- or moderate- income persons will not be displaced by the proposed conversion. 16.26.035 Airspace Subdivision An Airspace Subdivision for the purposes of these regulations is the three-dimensional subdivision of a commercial zoned property. Because there are no common areas, an airspace subdivision is not a condominium project for purposes of the Subdivision Map Act. Legal agreements recorded with the subdivision define how the lots and uses will function once individual components are sold. Air space lots are defined as a division of the space above or below a lot, or partially above and below a lot, having finite width, length, and upper and lower elevations, occupied by a building or portion thereof. An air space lot shall have access to appropriate public rights-of-way by means of one or more easements. Minimum lot sizes, lot dimensions, and lot area requirements shall not apply to air space lots. Parking requirements, setback requirements, building density, floor area ratio, and associated property development standards shall apply and shall be determined as if all lots, buildings or structures in the airspace subdivision were merged into the same lot. � y- 9