HomeMy WebLinkAbout09/18/2007, C2 - ADOPTION OF ORDINANCE NO. 1509 (2007 SERIES), AMENDING THE ZONING REGULATIONS TO IMPLEMENT INCREASE Ancouncil "�"°�9Ilf 09
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C I TY OF SAN LU IS O B I S P O
FROM: John Mandeville, Community Development Director
Prepared By: Michael Codron, Associate Planner
SUBJECT: ADOPTION OF ORDINANCE NO. 1509 (2007 SERIES),
AMENDING THE ZONING REGULATIONS TO IMPLEMENT
INCREASED BUILDING HEIGHT AND INTENSITY LIMITS IN
THE DOWNTOWN COMMERCIAL ZONE; (TA 50-06).
CAO RECOMMENDATION
Adopt Ordinance No. 1509, amending the Zoning Regulations to implement increased
building height and intensity limits in the Downtown Commercial zone.
DISCUSSION
On September 4, 2007, the Council of the City of San Luis Obispo voted 3-1
(Mulholland; Settle absent) to introduce Ordinance No. 1509. Ordinance No. 1509
implements increased building height and intensity limits in the Downtown Commercial
(C-D) zone. The ordinance establishes performance standards, application requirements
and policy objectives for all proposed buildings taller than 50 feet. The ordinance gives
the City's Architectural Review Commission the authority to approve building height up
to 60 feet tall as part of the design review process. A Planning Commission Use Permit
is required to build taller than 60 feet to a maximum height of 75 feet. Floor area ratio
limits were increased from 3.0 to 3.75, and 4.0 for projects that receive density bonuses or
transfer of development credits for open space or historic preservation. Ordinance 1509
is now ready for adoption and will become effective 30 days after its final passage.
ATTACHMENTS
1.. Ordinance No. 1509
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Attachment 1
Council Ordinance No. 1509 (2007 Series)
AN ORDINANCE OF THE CITY COUNCIL OF SAN LUIS OBISPO
AMENDING SECTION 17.42 OF THE ZONING REGULATIONS
INCREASING BUILDING HEIGHT AND INTENSITY LIMITS IN THE
DOWNTOWN-COMMERCIAL ZONE
(Downtown Core; File No. TA 50-06)
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
September 4`h, 2007, for the purpose of considering Planning Application TA 50-06, a project to
amend Section 17.42 of the Zoning Regulations regarding downtown building height and
intensity limits; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted public
hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
June 27, July 25, and August 1, 2007, for the purpose of formulating recommendations to the
City Council on the proposed amendments; and
WHEREAS, the Planning Commission has recommended approval of an ordinance to
increase the height and intensity limits of buildings in the Downtown Commercial Zone provided
proposed projects are determined to be consistent with the intent of the ordinance and comply
with specific performance standards and meet a minimum number of policy objectives; and
WHEREAS,the City Council initiated the project during a March 14, 2006, study session
and directed staff to:
1) Revise the City's floor area ratio (FAR) definition to exclude basements and
parking.
2) Confirm policy inconsistencies among General Plan policies and development
standards for the downtown.
3) Bring back alternatives for moderately increasing the downtown building
height and intensity limits, in order to achieve other General Plan goals and
objectives, including design amenities, housing, and retail land uses.
4) Review alternatives and recommendations with the Cultural Heritage
Committee, Architectural Review Commission, Planning Commission, and
Downtown Association before returning to the Council; and
WHEREAS, the City Council adopted General Plan amendments to clarify City policies
regarding downtown building height and intensity limits on February 6, 2007; and
WHEREAS, the City Council finds that the proposed amendments to the Zoning
Regulations will effectively implement the new policies adopted in Council Resolution No.
9872; and
WHEREAS, the City Council has considered the Initial Study and Mitigated Negative
Declaration of Environmental Impact (ER 50-06) for the project, and determined that the
document adequately addresses the potential environmental effects of the proposed ordinance
amendments; and
� z -z
- � � Attachment 1
City Council Ordinance No. 1509 (2007 Series)
Page 2
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by staff,presented at
said hearing.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of San Luis
Obispo as follows:
Section 1. Findings. Based upon all the evidence, the City Council makes the following
findings:
1. The proposed ordinance amendments will promote the public health, safety and welfare by
ensuring that new tall buildings in the downtown core area provide features that are
necessary to achieve multiple policy objectives, including affordable and workforce
housing, pedestrian amenities, view access and preservation, economic vitality, historic
preservation, open space preservation and energy efficiency, while maintaining the
downtown core area's sense of place.
2. The proposed ordinance amendments insure that development of tall buildings in the
downtown core area will further General Plan goals that promote efficient use of urban land
and identify the downtown core area as the City's most intensely developed area, while also
insuring that view protection is accomplished consistent with LUE Policy 4.7 and COSE
Chapter 9.0.
3. The proposed ordinance amendments will provide for additional housing and economic
development opportunities in the downtown core area, which furthers General Plan Housing
Element goals that envision a variety of housing types in the City.
4. The proposed Mitigated Negative Declaration for the project adequately addresses
environmental impacts in the areas of aesthetics, transportation, public services and utilities
and service systems and incorporates mitigation measures to insure that the impacts of the
project are less than significant.
Section 2. Action. The City Council does hereby approve an ordinance amending
Chapter 17.42 of the Zoning Regulations as shown in Exhibit A.
Section 3. Summary. A summary of this ordinance, together with the names of Council
members voting for an against, shall be published at least five (5) days prior to its final passage,
in The 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 4`h day of September, 2007, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 18th day of September, 2007,on the following roll
call vote:
6,2 -,5
Attachment 1
City Council Ordinance No. 1509 (2007 Series)
Page 3
AYES:
NOES:
ABSENT:
Mayor David F. Romero
ATTEST:
City Clerk Audrey Hooper
APPROVED AS TO FORM:
't ney Jonathan Lowell
c2-y
i._Jxhibit A Attachment t
city of San Luis OslspO
zoning izegulatlons
Chapter 17.42: DOWNTOWN-COMMERCIAL (C-D) ZONE
Sections:
17.42.010 Purpose and application.
17.42.020 Property development standards.
17.42.010 Purpose and application.
The C-D zone is intended to provide for a wide range of retail sales, service, and
entertainment uses meeting community-wide and regional market demands and a variety
of housing types including affordable workforce housing. The C-D zone is intended to be
applied within the City's pedestrian-oriented central business district, where the historical
pattern of development creates limitations on building form and the ability for individual
businesses to provide on-site parking. Ground floor, street-fronting uses are intended to
be generally limited to those that attract frequent pedestrian traffic. The C-D zone is
intended to maintain, enhance, and extend the desirable characteristics of the downtown,
and also to accommodate carefully integrated new development. The C-D zone is
consistent with and implements the General Retail land use category of the General Plan.
17.42.020 Property development standards.
The property development standards for the C-D zone are as follows:
A. Maximum density: 36 units per acre, including dwelling units in hotels and motels, but
not including other hotel or motel units (see also Section 17.16.010).
B. Yards: See Section 17.16.020.
C. Maximum height: 50 feet (see also Sections 17.16.020 and 17.16.040). Additional
building height up to 75 feet may be approved as provided under 17.42.020.C.1 and
C.2 and C.3 below.
1. Performance Standards for Buildings Taller Than 50 Feet (All Required).
a. The Project must include housing at a minimum residential density unit value
of 24 units per acre. The average floor area of dwellings within the oroiect
shall be 1.200 square feet or less. (Group housing projects must show that
the proposed building meets or exceeds the population density that would
otherwise be achieved by this standard.)
b. For projects on sloping sites, the height limit on the downhill portion of the.site
shall be defined by a line 75 feet above the average between the highest and
lowest points of the site grade prior to development, and 75 feet above the
lowest point.
c. The applicant shall demonstrate that the proiect-will exceed Title24 California
Energy Efficiency Requirements by a minimum of 15%: or
Theproject is designed to achieve at least a Silver rating on the LEED-CS or
NC checklist (or equivalent measure) (LEED Certification is not required but
is encouraged): or
page 1 e2—s-
n
Exhibit A Attachment 1
city of San Luis OBISPO
zoninc, nEculations
The project is designed to achieve a minimum value of 50 points on the SLO
Green Build-Multi-Family GreenPoint Checklist.
d. No more than 33% of the site area at the storefront level may be used for
private parking facilities..
e. Lots shall conform to the minimum size and dimension requirements
provided in the Subdivision Regulations.
f. The Planning Commission may grant minor exceptions to .the specific
requirements listed in this section, subject to a Planning Commission Use
Permit and provided a finding is made that, despite the exception,the project
is consistent with the intent of the ordinance and LUE Policy 4.16.4.
2. The Architectural Review Commission (ARC) may approve building height up to
60 feet if the ARC determines that the project includes at least two objectives
from the following sections (lettered a. through q.), with no two being from the
same lettered section.
The Planning Commission may approve a use permit allowing maximum building
height of 75 feet upon determining that at least two of the following policy
obiectives (with no two being.from the same .lettered section) are met, and at
least one Affordable and Workforce Housing Objective must be chosen.
To approve a use permit the Planning Commission must make the following
finding:
The public benefits associated with the proiect significantly outweigh any
detrimental impacts from the additional height. (In weighing potential public
benefits, the Planning Commission shall consider obiectives related to affordable
and workforce housing, economic vitality, historic preservation and open space
preservation to be especially important.)
Policy Obiectives
Intent: The intent of the following Policy Objectives is to insure that buildings
taller than 50 feet proposed in the C-D zone include features that meet the
specific policy obiectives outlined for tall buildings in the City's General Plan
(including, but not limited. to. Land Use Element, Chapter 4.0). A variety of
obiectives are listed to insure that proposed project features are appropriate for
the site and surroundings, and to allow for a wide range of possible project types.
Regardless of the number of obiectives proposed, the decision making body
must determine that the overall project is consistent with the General Plan,
including goals and policies for view preservation, historical resource
preservation,solar access and architectural character.
a. Affordable and Workforce Housing
i. The project provides affordable housing, per City standards, at the rate of
5%for low income households, or 10%for moderate income households,
as a percentage of the total number of housing units built (no in-lieu fee
o tion .
PaGE 2 CZ .�
Exhibit A
Attachment
city of sAn Luis omspo
zoning Regulations
ii. The project qualifies for, and utilizes, a density bonus per the City's
Affordable Housing Incentives (SLOMC Chapter 17.90).
iii. The proiect includes residential density greater than or equal to 36 units
per acre and the average floor area of units is 1,000 square feet or less.
(Group housing projects must show that the proposed building meets or
exceeds the population density that would otherwise be achieved by this
ob�ective.
b. Pedestrian Amenities
i. The proiect provides a. major pedestrian connection between Higuera
Street and the Creekwalk. Monterey Street and the Creekwalk, Higuera
Street and Marsh Street, or at another acceptable mid-block location.
ii. The proiect incorporates a significant public plaza, where the public art
requirement is met by providing the art on-site (no in-lieu fee option).
c. View Access and Preservation
L The proiect provides a public viewing deck or decks, or similar feature, to
provide. significant. free public access to views of surrounding natural
features such as, but not limited to. Cerro San Luis.
ii. The proiect improves and dedicates land within the downtown core for
publicly-owned open space with street-level views of hillside resources,
consistent with Land Use Element Policy 4.7 and Program 4.20.
d. Economic Vitality
i. The proiect provides additional economic benefit to the City by providing
retail sales or hospitality uses (subject to the City's transient occupancy
tax) on multiple levels. Total floor area dedicated to retail or hospitality
uses must exceed 150% of the building footbrint.
e. Historic Preservation
i. Where there are no historic resources on the proiect site, the proiect will
provide for the permanent preservation of a building off-site within the
Downtown Historic District.or Chinatown Historic District that is listed.in
Se city's Inventory of Historical Resources through the recordation of a
Historic Preservation Agreement.
ii. The proiect provides for preservation or adaptive reuse of all buildings on
the City's Inventory of Historic Resources located on the proiect site in a
manner consistent with the Secretary of the Interior's Standards for the
Treatment of Historic Resources.
f. Open Space Preservation
i. The proiect provides for the permanent preservation of open space land
in the City's greenbelt through land dedication, the recordation of a
conservation easement, or other recognized preservation method to the
approval of the City.
page 3 G ��
Attachment
city of San Luis OBISPO Exhibit A
zoning aEculations _
g. Energy Efficiency
i. The project is designed to meet the fossil fuel reduction standards
established by the Architecture 2030 Challenge.
ii. The project is designed to exceed the Title 24 energy efficiency
requirements by a minimum of 30%.
h. Other Policy Obiectives
i. The project directly implements specific and identifiable City objectives as
set forth in the General Plan, the Conceptual Plan for the City's Center,
the Downtown Strategic Plan _or other key policv document, to the
approval of the Planning Commission. (Sub-section h. may be used to
meet requirements for one policy objective)
3. Application Requirements: Planning applications submitted for new buildings
over 50 feet tall shall include the following additional items to assist the City in the
analysis and decision making process.
a. Viewshed.Analysis: A written and graphic viewshed analysis from various
perspectives. The analysis shall identify visual resources within the viewshed
of the proiect and indicate how the design of the project addresses those.
views from each perspective. Specific attention shall be given to views from
adjacent publicly-owned gathering spaces, such as Mission Plaza.
b. Solar Shading Analysis: A written and graphic solar shading analysis
showing the effects of shading on its surroundings between 10 a.m. and 3
p.m. on the winter solstice, summer solstice and vernal or autumnal equinox.
The analysis shall compare shading caused by the project to the City's Solar
Access Standards-(Conservation Open Space.Element Table 2).
c._ Parking Demand Management/Trip Reduction Programs: A verifiable parking
demand management .program .and a trip reduction program to reduce
residenUemplovee dependence on single-occupant vehicle trips, to the
approval of the Public Works Director.
d. Three-Dimensional Digital Model: A complete three-dimensional digital
model of the proposed building, consistent with the specifications for the
City's Baseline 3-D Digital Model of the Downtown Core and suitable for
display on the City's internet site.
e.. Solid WasteManagementPlan: A solid waste management plan to show
how the project meets or exceeds the.City's Solid Waste.Guidelines, to the
approval of the Utilities Director. If any exceptions to the Solid Waste
Guidelines are requested the plan shall include a written explanation and
justification.
f. Green Building Plan: A written Green Building Plan shall be provided to
indicate how the project complies with performance standards for energy
efficiency.
Q. Emergency Services Access Plan: A written and graphic plan -created in
consultation with-the City's Fire Marshal to show how access to upper floors
for emergency response personnel will be provided.
PdGE 4 �2 _ OF,
Attachment 1
city of San Luis osispo
Zoning Regulations
h. Public Safety Plan: A security plan - created in consultation with the Police
Department for all proposed buildings that include publicly accessible areas
such as parking garages, courtyards, public stairways, elevators and decks.
The security plan will identify the locations of 911 capable phones in parking
areas and will establish rules and regulations for public use of courtyards and
decks, and establish imeframes for private security patrols to be in place..
i. Utilities Infrastructure Analysis: An engineer's evaluation of existing utilities
infrastructure and recommendations to insure that the project will have
adequate water pressure for domestic use and fire flows and that the
collection system in the area surrounding the project is sufficient to meet the
proiect's impact.
i. Building Code Analysis: A building code analysis specifying the building's
allowable-area, occupancy class, occupancy load, and construction type.
D. Maximum coverage: 100%.
exGeed 3.0, exGept that a site whin-1; re-neives t-ransfeF ef developmen! Gredit foF open
spaGe pmteGtion shall have a ratin nat to exaged 4.Q. (QFd. 1365 (299 SeFqe&)
E. Maximum Floor Area Ratio (FAR):
1. 3.0-maximum allowed for buildings up to 50 feet tall:
2. 3.75- maximum allowed for buildings approved above 50 feet tall;
3. 4.0 - maximum allowed for approved buildings over 50 feet tall with transfer of
development credits for open space protection or historic preservation: or.if-a
density bonus for affordable housing is granted.
F. Standard Lot Dimensions:
Minimum lot area: 3,000 square feet
Minimum lot width: 25 feet
Minimum lot depth: 50 feet
Minimum street frontage: 15 feet
G. Vehicle Access: Although residential uses are encouraged in the C-D Zone, it not
the intent of the City to ensure that parking is provided on-site for residential uses.
Therefore, there is no guarantee of parking availability, either on-site or off-site, for
downtown residential projects. On-site. parking may be considered inappropriate at
certain d _
owntown locations where the pedestrian experience would be harmed by
vehicle ingress and egress across the sidewalk. In order to maintain pedestrian
orientation and the continuity of sidewalks within the C-D Zone. an Administrative Use
Permit must be approved to permit the installation of new driveway approaches
proposed after the effective date of this ordinance. When new driveway approaches
are proposed in conjunction with an application for Architectural Review, a separate
Planning Application shall not be required. In order to approve the new driveway
approach,the approving bodymustmake at least one of the.following findings:
page 5 Cz- 9
Attachment 1
Extuoit A
city of san Luis oBispo
zon.inc, Reputations
1. The proposed driveway approach will not harm the aeneral health, safety and
welfare of people livinq or working in the vicinity of the project site because the
number of vehicles expected to use the driveway is limited (less than 10 spaces)
and there are no other alternatives, such as service alleys to provide vehicle
access to the site.
2. The proposed driveway approach is located alona a non-arterial street and will
not significantly alter the character of the street or pedestrian circulation in the
area in consideration of the characteristics of pedestrian flow to and from the
project site and surrounding uses.
3. The proposed driveway approach is a shared facility and provides efficient access
to more than a single proiect in a way that eliminates the need for additional
driveways.
4 The proposed driveway approach Drovides access to public parking
FH.Parking: Other sections of this Title notwithstanding, the Parking Requirements in the
C-D zone shall be as follows:
1. Restaurants; sandwich shops, take-out food, bars, taverns, night clubs, other
food service or entertainment establishments, theaters, auditoriums, convention
halls, and churches: one-half that required in Section 17.16.060 provided,
however, that in no case the requirement shall exceed one space per 350 square
feet gross floor area.
2. Dwellings, motels, hotels and bed and breakfast inns: One-half that required in
Section 17.16.060.
3. All other uses: One space per 500 square feet gross floor area.
4. In determining the total number of required spaces, all fractions shall be rounded
to the nearest whole number. Fractions of 0.5 or greater shall be rounded to 1;
fractions less than 0.5 shall be rounded to 0.
5. For existing buildings, only the parking needed for additions thereto or for
changes in occupancy which increase parking requirement relative to prior uses,
shall be required.
6. Parking space reductions allowed by Section 17.16.060 shall not be applicable in
the C-D zone, as the reduced parking rates established in 17.42.020.E=H.1-3 are
intended to provide flexibility in meeting parking requirements and rely on the
consolidation of parking.
7. The parking space requirement may be met by:
a. Providing the required spaces on the site occupied by the use;
b. Providing the required spaces off-site, but within 500 feet of the proposed
use, in a lot owned or leased by the developer of the proposed use;
c. Participating in a commonly held and maintained off-site parking lot where
other businesses maintain their required spaces;
d. Participating in a parking district that provides parking spaces through a fee
or assessment program. (This subsection may be satisfied by participation of
the underlying property in a parking district by January 1, 1988. If by that date
the underlying property is not participating in such a district, the parking
requirement shall be otherwise met);
Pace 6 Cz io
Exhibit A ',-,/' Attachment 1
city of san Luis oi3ispo
zonmq REqulations
e. Participating in an in-lieu fee program as may be established by the City
Council. Any parking agreement approved prior to adoption of the parking
standards contained in Sections 1=H.1-3 above, may be adjusted to conform
with those standards, subject to approval by the Community Development
Director and City Attorney; or
f. Any combination of subsections J=H.4.a.through f=H.4.e of this section.
The Community Development Department shall be notified of the expiration
or termination of any agreement securing required parking. The Department
shall schedule a public hearing before the planning commission to consider
revocation of the use authorization where no alternative location for required
parking is provided. (Ord. 1101 -2, 1987; Ord. 1074 -2, 1986: Ord. 1050 - 1
(part), 1985: Ord. 1023 - 1 1984; Ord. 1006 - 1 (part), 1984; Ord. 1941 - 1
(part), 1982: prior code-9203.10(8))
#I. Maximum Building Size: No retail establishment (commercial building) shall exceed
60,000 square feet of gross floor area, unless excepted by subsection H and Section
17.16.035.
U. A retail establishment maybe allowed up to 140,000 square feet of gross floor area, if
the Planning Commission determines that it meets the following standards:
1. The proposed use will serve the community, in whole or in significant part, and
the nature of the use requires a larger size in order to function.
2. The building in which the use is to be located is designed in discrete-elements
that respect the scale of development in the surrounding area.
3. The new building is designed in compliance with the City's Design Guidelines for
Large-Scale Retail Projects. (Ord. 1405—2001 Series)
paGE 7