HomeMy WebLinkAbout07/06/2010, C10 - ADOPTION OF AN ORDINANCE AMENDING CHAPTER 17-88 OF THE MUNICIPAL CODE RELATING TO RESIDENTIAL GROWT Councilt—°Dtli ,o
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CITY OF SAN LU IS O B I S P O
FROM: John Mandeville, Community Development Director
Prepared By: Philip Dunsmore, Associate Planner
SUBJECT: ADOPTION OF AN ORDINANCE AMENDING CHAPTER 17.88
OF THE MUNICIPAL CODE RELATING TO RESIDENTIAL
GROWTH MANAGEMENT(GP/ER 133-09)
RECOMMENDATION
Adopt Ordinance No. 1550 to reflect adopted changes to Land Use Element policies
1.10.2 and 1.10.3.
DISCUSSION
Background
On June 15, 2010, the City Council voted 5:0 to introduce Ordinance No. 1550 to print,
thereby amending Chapter 17.88 of the Municipal Code, the City's Residential Growth
Management ordinance, consistent with General Plan policy amendments to Land Use
Element policies 1.10.2 and 1.10.3. Ordinance No. 1550 is now ready for adoption. The
new Ordinance will become effective 30 days after its adoption. The City Council
approved a Negative Declaration for the project that determined that the changes would
not have environmental impacts associated with the text amendment and General Plan
language changes.
FISCAL IMPACT
At this time, there are no immediate fiscal impacts related to the adoption of this
Ordinance.
ALTERNATIVE
If the Council does not adopt the ordinance, existing Chapter 17.88 of the Municipal will
remain unchanged until alternative text amendments are approved.
ATTACHMENTS
1. Legislative draft of Ordinance amendments
2. Ordinance No. 1550
G.\CD-PI.AN\Pdtmsmote\LR\Growth Mgmt\CC 2nd read 7-06-10.doc
elo
,Atachment 1
Chapter 17.88: Residential Growth Management Regulations
Sections:
17.88.010 Purpose and justification.
17.88.020 Allocations.
17.88.030 Adjustments to 11118eatiORS Fequested by PFOPeFty owner-s.
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. GeneFal plan peheies and the annexatien area phasing sehedule required by th
D£. The growth rate policies of the general plan reflect the city's responsibility to
accommodate a reasonable share of expected state and regional growth.
EF. 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.
FG. Considering the likely levels of housing demand and construction throughout the
housing 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. 1459 § 3 (part), 2004: Ord. 1359 § 3
(part), 1999)
17.88.020 Allocations.
A. Each Specific Plane ^ *• eouneil shall, by mselutien shall adopt a phasing
schedule that allocates timingpotential residential construction, including phasing of
required improvements, ameng annexatien areas, consistent with the general plan and
with these regulations.
Attachment 1
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
C. mer lee..tions wh:eh the phasing sehedule shows as "allewed," Aallocations shall be
implemented by the timing of issuance of building permits.
D.
the phasing sehed„le shows as having an "ass.,.,.,ed” Fate eceenstr..et:e„
E. Dwellings affordable and enforceably restricted to residents with extremely low, 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. 1459 § 3 (part), 2004:
Ord. 1359 § 3 (part), 1999)
17.88.030 Adjustments to alloeations Fequested by PFOpeFty owners.
€erall e��patsien areas v4diin an interval does net change. l app-&..
of aff rdable he,...ing neee.sai-7y publ:e f,.:d:aes er- epe.. ..pace.. reteetien as .. ..,,suit e
17.88.03040 Periodic city council review and consideration of revisions.
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
suggest if revisions are necessary.Ito.maintain the City's one percent growth rate. and
any adjustments to .11eemiens that have been -app#eved by the d.aeeter,.and « y inel. de
a. Z p33V Felle,. ing , ..:dar ,,.,
er: of the ..l err ..t ,eh echef times it deems
L
the h hedule Q„eh re ..h H h
app�6pfka�8, t..° E}tj+-E6l#3e31 133aTreYiSo cnv�izzaSxnS$ca "SivnT.rauzz-w
:stent with.the g r.,l plan City a e:l a ,al shall her red to de a e f the
V V11J3JiYl1• 7Y1U3 G33Y r,L11Y16f rJ
1 Change the total 3aumber-of dwellings fi,,m y he.. ..hied within.. .,ter,,. ,
L. tr31Ul1�,Y Z13YZ e ,
C 3
Attachment 1
;
4. Shift the year-s eover-ed by in4enca4s.
Ilu:. :, at: eF ge e atM ,lae ..
the eat. and by fiatela
e e ..
e11 r- F.efn etl,eF neufees whiel, the a «:t..
D. For- in eity develepmepA.and feF miner- ,
the aetual number-ef peap.44ed ElwellkW with the assumed fate of pomit issuanee. When
r
the eity eetmeil shall eensider assiPH—ing the unused—petential te that same area in
have been stafted; pfeAded, that deing se dA-A--.q nwt_:�eaus;e the allewed eit�wide gre%4h
> ,
u±iauutuiv« areas will .,et be ,el„ee7 , :tle„t the a .al eC the a ff etel la„ie.,. efs
,
CIO -�
ATTACHMENT d
ORDINANCE NO. 1550 (2010 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
AMENDING THE GROWTH MANAGEMENT REGULATIONS,
CHAPTER 17.88 OF THE MUNICIPAL CODE; GPA 133-09
WHEREAS, the Planning Commission conducted a public hearing on March 24, 2010,
and May 12, 2010 and recommended approval of the 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 June 15,
2010, pursuant to a proceeding instituted under application GPA 133-09, City of San Luis
Obispo Community Development, applicant; and
WHEREAS, the City Council has considered the draft Negative Declaration of
Environmental Impact as prepared by staff and reviewed by the Planning Commission; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of interested parties, and the evaluation and recommendations by staff, presented at said hearing.
WHEREAS,the City Council makes the following findings:
1. The proposed Growth Management Policy amendment is consistent with General Plan
Land Use Element policies to continue to provide for the balanced evolution of the
community and the gradual assimilation of new residents while encouraging the timely
completion of residential dwellings in approved specific plan areas.
2. The proposed amendments to the Growth Management Policy will continue to maintain
consistency with the City's ability to provide resources and services, and with State and
City requirements for protecting the environment, the economy, and open space.
3. The proposed amendments to the Growth Management Policy are consistent with the
intent of the City's Housing Element Policy 6.1 which directs the City to continue to plan
for an adequate supply of housing to meet its regional allocation.
4. A Negative Declaration was prepared by the Community Development Department on
March 1", 2010. The City Council finds and determines that the project's Negative
Declaration adequately addresses the potential significant environmental impacts of the
proposed project.
C/o - s
-ATTACHMENT �-
Ordinance No. 1550 (2010 Series)
Page 2
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Section 17.88.010 D is repealed and the subsequent sections are re-
lettered as follows:
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. The growth rate policies of the general plan reflect the city's responsibility to accommodate a
reasonable share of expected state and regional growth.
E. 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.
F. Considering the likely levels of housing demand and construction throughout the housing
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. 1459 § 3 (part), 2004: Ord. 1359 § 3 (part), 1999)
SECTION 2. Sections A, C and D of section 17.88.020 of chapter 17.88 are hereby
amended as follows:
17.88.020 Allocations.
A. Each Specific Plan shall adopt a phasing schedule that allocates timing of potential residential
construction, including phasing of required improvements, consistent with the general plan and
with these regulations.
Ordinance No. 1550 (2010'Series) 1 - ATTACHMENT �-
Page 3
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.
C. Allocations shall be implemented by the timing of issuance of building permits.
D. Dwellings affordable and enforceably restricted to residents with extremely low, 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.
E. 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. 1459 § 3 (part), 2004: Ord. 1359 § 3 (part),
1999)
SECTION 3. Section 17.88.030 of chapter 17.88 is hereby repealed in its entirety.
SECTION 4. Sections 17.88.040 B, C, D, E are hereby appealed and section A is
amended as follows:
17.88.030 Periodic city council review and consideration of revisions.
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 suggest if revisions
are necessary to maintain the City's one percent growth rate.
SECTION 5. 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 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.
Ordinance No. 1550 (2010 Series)
ATTACHMENT a-
Page 4
INTRODUCED on the day of , 2010, AND FINALLY
ADOPTED by the Council of the City of San Luis Obispo on the day of , 2010.
AYES:
NOES:
ABSENT:
Mayor David F. Romero
ATTEST:
City Clerk
Elaina Cano
APPROVED AS TO FORM:
Attorney
J. Christine Dietrick
GACD-PLAN\Pdunsmore\LR\Growth Mgmt\ordinance 1550.doc