HomeMy WebLinkAbout01/03/1989, C-8 - FINAL ADOPTION OF ORDINANCE NO. 1129 AMENDING THE ZONING REGULATIONS TO ALLOW PLANNED DEVELOPMENTS 811111�p 1 f S LUSS OBIS 1-3� Mff1-3-89
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DATE
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COUNCIL AGENDA REPORT �'�"
— FROM Michael Multari, Community Development Director; Prepared By: Jeff Hoof
SUBJECT: Final adoption of Ordinance No. 1129 amending the Zoning Regulations to
allow Planned Developments on any size lot in the C-C zone.
CAO RECOMMENDATION:
Grant final passage to the ordinance.
BACKGROUND
On December 21st, the City Council introduced this text amendment,
�e+�e�eaini—�em:s&amm for planned developments in the C-C, or Central-Commercial zone.
The ordinance also adds a new finding for approval of planned developments which provided
exceptional public benefits not feasible under conventional standards.
Planned development rezonings allow the city to encourage innovative or high quality
projects by granting certain development incentives, such as reduced yards, height
exceptions, or density bonuses. Zoning regulations now prohibit planned developments on
sites of less than one acre. In addition, they require that special findings be made by
the Planning Commission and City Council in approving a PD.
The proposed text change would allow planned developments on sites of any size in the C-C
zone. The one acre minimum lot area would still apply to PDs in all other zones. The
added finding was suggested by planning commissioners who felt that it would more
logically relate to downtown projects than do the current findings for approval.
SIGNIFICANT IMPACTS
The proposed zoning text change would not pose significant adverse impacts. It is
essentially administrative in nature, and would not change the purpose or intent of
planned developments. The change could increase the number of planned developments
requests, since more sites would be eligible for PD rezoning. However, due to the
special findings required for approval, and to the substantial time and cost involved in
processing a PD request, the change is not likely to trigger unusually high numbers of PD
applications or to alter the rate or character of downtown development.
CONSEQUENCES OF NOT TAKING THE RECOMMENDED ACTION
The text change will not take effect and present regulations and administrative
procedures would continue.
Attachment: Draft Ordinance
� lop/
ORDINANCE NO. 1129 (1988 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING
SECTIONS 17.50.010 AND 17.62.040 OF THE ZONING
ORDINANCE REGARDING REQUIREMENTS FOR PLANNED DEVELOPMENTS
(TITLE 17 SAN LUIS OBISPO MUNICIPAL CODE)
WHEREAS, the Planning Commission and the City Council have held hearings to consider
amending the zoning regulations to allow planned developments on sites of at least.
one-half acre in the C-C zone and adding a required finding for planned development
approvals; and
WHEREAS, the City Council finds that the proposed zoning text amendment is consistent
with the general plan; and
WHEREAS, the"proposed amendment helps promote the public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. That the Zoning Ordinance (Title 17 of the San Luis Obispo Municipal
Code) shall be amended as shown on Exhibit "A" attached hereto and made a part of by this
reference.
SECTION 2. After City Council review and consideration, the Community Development
Director's action to grant a negative declaration pursuant to the City Environmental
Procedures and California. Environmental Quality Act is hereby affirmed.
SECTION 3. A summary of this ordinance, approved by the City Attorney, together with
the ayes and noes, shall be published at least five (5) days prior to its final passage
in the Telegram-Tribune, a newspaper published and circulated in said city, and the same
shall go into effect at the expiration of thirty (30) days after its said final passage.
A copy of the full text of this ordinance shall be on file in the office of the City
Clerk on and after the date following introduction and passage to print and shall be
- available to any interested member of the public.
Ordinance No. 1129 (1988 Series)
Page 2
INTRODUCED by the Council of the City of San Luis Obispo, at its meeting held on
the 20th day of December. 1988, on motion of Councilwoman ..i ...
Rappa . seconded by Councilwoman Pinard . and on
the following roll call vote.
AYES: Councilmembers Pinard, Rappa, Reiss and Mayor Dunin
NOES: None
ABSENT: Councilman Settle
Mayor RoOluFjiP�+
ATTEST:
l
Cit Flerk Pq+q V E
APPROVED,
City A nistrative Officer
City At rney Z//
Community Development Director
IBIT17.50.010-17.52.030 EXHL
Chapter 17.50 and parking may be specified for the project
without conformance to the standards of the
PLANNED DEVELOPMENT (PD) underlying zone.
ZONE C. For procedures and performance criteria.
see Chapter 17.62. (Ord. 941 5 I (part). 1982:
Sections. prior code§9203.14(C))
1750.010 Purpose and application.
1750.020 Allowed uses.
1750.030 Property development Chapter 1752
standards.
SPECIFIC PIAN (SP)
1750.010 Purpose and applicatioa. OVERLAY ZONE
The planned develoment zone is intended to
encourage imaginative development and effec- Sections.
tive use of sites It does this by allowing more 1752.010 Purpose'and application.
variation in project design than normal stan- 1752020 Allowed sues.
dards would allow: Such variation from normal 1752.030 Property development
standards should provide benefits to the project standards.
occupants or to the community as a whole which
could not be provided under conventional reg- 1752.010 Purpose and application..
ulations. PD rezoning must occur simul- The SP zone is intended to translate the provi-
taneously with approval ofa specific project Y6(ti sions of an adopted specific plan into regulations
A?DlzbfiFlh WIWAWiikd/t6tiiVIpWieI/dVE6rf/ for the subsequent development of land. It will
C A daWA4/21 Ai"AyWid4lN46W144/ be applied to areas for which a specific plan has
AjW)MdyAA*/dtWA6W(Ord'94I § I (part), been adopted or where the general pian calls fora
1982: prior code§9203.14(A)) specific plan prion to development. generally
In the C-C zone, the PD zone may be within residential expansion areas.(Ord.941 § I
applied to any parcel of at least one- (part). 1982: prior code§ 9-103.15(A))
half acre. In all other zones, the
PD zone may be applied to any parcel 1752.020 Allowed uses.
or oontiguaus parcels of at least Priorto adoption ofa specific plan,areas in the
one acxe- SP zone may be used in conformance with the
provisions of the C/OS zone.Once a specific plan
1750.020 Allowed uses. has been adopted uses shall be as provided in the
Any use or combination of uses which con- specific plan. (Ord. 941 § 1 (part). 1982: prior
form with the general plan may be established in code§ 9203.15(6))
the PD zone. (Ord 941 § 1 (part), 1982: prior
code§9203.14(6)) 1752.030 Property development standards.
A. Residential density shall be as provided in
1750.030 Property development standards. the specific plan.
A. Residential densities may exceed those B. Height.yards, coverage and parking shall
allowed in the underlying zone by not more than be as provided in the specific plan. If the specific
twenty-five percent(In order toapprove a Bevel- Plan does not contain explicit provisions on
opment which exceeds the density otherwise these items,they shall be provided in the under-
allowed, the planning commission and council lying zone.
must make certain findings as required by Sec
tion 17.62.0406.) ;
B. Under an approved development plan, lot
size and configuration. vards. height, coverage
� Y
17.62.010-17.62.020 n
Chapter 17.62 to a suitable scale and clearly labeled. showing.
if applicable: ,
PLANNED DEVELOPMENT L Existing site conditions. including con-
tours. vegetation and water courses:
Sections: 2. Proposed-lot designs:
17.62.010 Preliminary development plan. 3. Location and floor area of existing and
17.62.020 actions of the planning proposed buildings or outlines of areas within
commission. which buildings may be located:
17.62.030 Actions of the council. 4. Location and size of all areas to be con-
17.62.040 Required findings. veyed or reserved as common open spaces or for
17.62.050 Requirement for development public or semipublic uses;
plan. 5. Existing and proposed circulation system
17.62.060 Final development plan. of arterial. collector. and local streets: off-street
17.62.070 Phasing. parking. loading. and emergency access areas.
17.62.080 Amendment of final points of access to public rights-of-way; pro-
development plan. posed ownership of circulation router.
17.62.090 Revocation of PD zoning. 6. Existing and proposed sidewalks and
_._. paths:
17.62.010 Preliminary development plan. 7. Existing and proposed utility systems.
Application for planned development shall including sanitary sewer.-storm drainage.water.
be made to the community development electricity. gas and telephone:
department and shall consist of a preliminary 8. A general landscape plan:
development plan. to include: 9. A general grading plan:
A. A legal description of the total site H. Information on land area adjacent to the
involved: proposed development. indicating important
B. A statement of the objectives to be. relationships between the proposal and sur-
achieved by the planned development through rounding land uses.circulation systems. public
the particular approach to be used by the facilities and natural features:
applicant: L Any additional information which may be
C. A schedule indicating the approximate required by the director to evaluate the char-
dates when construction of the development or acter and impact of the planned development.
stages of the development are to be started and (Ord. 941 $ I (part). 1982: prior code §
completed: 9204,4(A))
D. A statement of the applicant's intentions
regarding future sale or lease ofall or portions of 17.62.020 Actions of the planning
the planned development: commission.
E. A quantified description of the total After giving notice as provided in Section
number and type ofdwelfing units.parcel sizes. 17.70.030.the planning commission shall hold a
coverage. modified and natural open space. public hearing on the application.The planning
grading.residential densities.and areas devoted commission may approve. approve subject to
to nonresidential uses: certain modifications. or deny the application.
F. Identification of portions of the develop- The decision of the planning commission shall
ment which would otherwise require a variance. be in the form of a recommendation to the
and reason for the deviation from normal council and shall be rendered in writing. stating
standards: all modifications or conditions to be reflected in
G. A site plan and supporting maps. drawn
Is.n r.ws ObLw 7441 484
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` h
B. In order to grant
a "density bonus" (as explained in
section 17.50.030), the comission
O the final development plan.(Ord.941 § I (part). and council must find that the Proposed develop-
1982• prior code§ 9204.4(B)) ment satisfies at least three of the five criteria set
out in subsection A of this section.The applicant
17.62.030 Actions of the council. shall provide a detailed smtement indicating how
After giving notice as provided in Section the development satisfies the appropriate criteria
17.70.030. the council shall hold a public hear- set out in subsection A of this section.The max-
ing on the application and the recommenda- imum density bonus is not automatic. In deter-
tions of the planning commission. The council mining the allowable bonus, the commission
rove.approve subject to certain modifi- and council shall assess the extent to which these
may app 1 The decision of
cations. or deny the proposes • . criteria are met
the council shall be rendered in writing. stating C. To approve a planned development allow-
ing large professional office buildings which can
all modifications or conditions to be reflected to include multiple tenants but with no single ten-
the final development plan. if it approves or ant space less than two thousand five hundred
conditionally approves the preliminary devel-
opment plan. the council shall approve the square feet in the CS or M zone, the planning
rezoning and the official zone map shall be commission or council must find.that it meets
amended to indicate approval of the planned each of the criteria luted below. e following
development. (Or(. 941 § I (part). 1982: prior office-related uses are Prohibited in the PD in
code§9204.4(C)) these zones: Banks. real estate offices, financial
institutions. medical clinics and doctors' offices
17.62.040 Required findings• and lawyers'offices. tiblewithexisting
A. To approve a planned development the 1. The project will be comps
planning commission and council must find that . and allowed land uses in the area.
C it meets one or mon of the following criteria
2. The project's location or access arrange-
1. it provides facilities or amenities suited to a went do not significantly direct traffic to use
roup(such as the elderly local or collector streets in residential areas.
particular occupancy g
which would.not be 3. The project will provide adequate mluga-
or families with children)
feasible under conventional zoning:
tion to address potential impacts related to noise.
2. it transfers allowable development. within light and glare and loss of privacy,among othem
a site, from areas of greater environmental sen- imposed by commercial activities on nearby resi-
sitivity or hazard to areas of less sensitivity or dential areas.by using methods such as setbacks:
landscapin&berming and fencing.
hazard:
3. [t provides more affordable housing than 4. The project does not preclude in or
ventional develop service commercial uses in areas especially suited
would be possible with con
for such uses when compared with oft'
menta achieve
4. Features of the particular deign5. The project does not crate a shortage of CS
the intent of conventional standards (privacy. and M zoned land available for service commer-
usable open space. adequate parking, com- tial or industrial development.(Ord. 1087§ 1 Ex.
patibility with neighborhood character, and so A(2), 1987:Ord.941§ I(pan).1982:prior code§on)as well as or better than the standards them-
9204.4(D))
selves: uirement for development pian.
5. It incorporates features which result in con- 17.62.050 Req
sumption of less material%energy or water than No land division may be undertaken and no
construction begun within an area zoned PD
conventional development
ed ro'ect rovides until a final development plan has been
6. '1 fits such as ark-
C_Dtionaublic ben® public
CanlilQ. dao lwsoa.vo+•ert
n s ace. lands unities which
art, ersl
_!,a
ther s leaf
entional
would riotbe
sda ds.
feasible under conv
leve � ��
17.62.060-17.62.090
approved.(Ord.941§1(part). 1982:prior code§ during any given stage.. At no time during con-
9204.4(E)) struction of the project shall the density ofdevel-
oped land exceed the overall density established
17:62.060 Final development plan. in the final development plan. (Ord. 941 § I
- A. Within six months of approval or condi- (part), 1982: prior code§9204.4(G))
tional approval of the preliminary development
plan,the applicant shall file with the community 17.62.080 Amendment of final development
development department a final development plan.
plan. At his discretion and for good cause, the. A. Minor differences between the approved
director may extend for six months the period for development plan and construction plans may'
filing. be allowed by the director.
B. The final development plan shall include B. Written requests for amendments to a final
those items from Section 17.62.0 10(Preliminary development plan may be approved by the plan-
development plan)which describe the proposal, ning commission aftera public hearing,notice of
including division of land, type and location of which has been given as provided in Section
all buildings and improvements,and so on.but it_ 17.70.030. Amendments shall be limited to
need not include information on existing condi- changes in the size and position of buildings;the
tions. number.area or configuration of lots;landscape
C. The director shall review and take action treatment:phasing, and the like.
on the final development plan within thirty days C. Amendments may not include changes in
of filing. He shall approve it upon finding that it proposed use,overall density,or overall configu-
is in substantial compliance with the preliminary ration of the land uses and circulation features.
development plan as approved or modified by Changes to these aspects may be accomplished
the council. Upon approval of the final develop- only by reapplication and submittal of a new
ment plan. the director shall add the number of preliminary development plan.
the planned development to the official zone D. These procedures apply whether or not all
map(for example,PD(9999)).Subsequently,all or part of the development has been built. (Ord.
grading, construction and landscaping shall 941 § I (part). 1982: prior code§ 9204.4(H))
comply with the approved final development
plan. 17.62.090 Revocation of PD zoning.
D. The final development plan may consist of Ifa final development plan is not carried out in
final subdivision maps: 'building construction the time specified in the development plan or
plans,grading plans,and so on. that would nor- within an approved extension period. the plan-
mally be submitted in the course of develop- ning commission and council may remove the
meat,and"need not be a separate submittal.The PD designation according to the usual procedure
director shall determine the extent to which any for city-initiated rezoning. (Ord. 941 § I (part).
additional documentation ofdevelopment plans 1982: prior code§9204.4(!))
is required.(Ord.941§ I(part).1982:prior code§
9204.4(F))
17.62.070 Phasing.
If the construction of the planned develop-
ment is to occur in phase& the open space and
common facilities shall be developed and made
available in proportion to the number of dwell-
ing units or nonresidential floor area occupied
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A�E AGEND
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dAr• '89
R EII&M(11 iiBO30 EX �I
JAN 31989 Chapter 17.50
QTVCLERK. and parking may be specified for the project
p without conformance to the standards of.the
sort PL►IYNED.DEVELOPMENT (PD) underlying zone.
/l:�0 A,r►� ZONE C. For procedures and performance criteria.
see Chapter 17.62. (Ord 941 § I (pan). 1982:
Sections. prior code§9203.14(C))
#Denotes action by Lead Pei
1750.010 Purpose and application.
1750.020 Allowed uses. Respond by:
1750.030 Property development Chapter 1752
standards. 6tro .
O�y Atty.
SPECIFIC PIAN (SP .orig. '•
1750.010 Purpose and application OVERLAY ZONE E. 777-.
The
.T-
The planned devdoment zone is intended to
encourage imaginative development and effec- Sections. GYM•n+u�T.aKi
tive use of sits. It does this by allowing more 1752.010 Purpose and applicai'wag.
variation in project design than normal. stan- 1752.020 Allowed uses.
dards would allow.Such variation from normal 1752.030 Property development
standards should provide benefits to the project standards.
occupants or to the community as a whole which
could not be provided under conventional reg- 1752.010 Purpose and application
ulations. PD rezoning must occur simul- The SP zone is intended totranslate the provi-
taneously with approval ofa specific project.TI(d sions of an adopted specific plan into regulations
1z6ft Av WiS(,!WiMA6/drfll;WgVdr'h6A1 for the subsequent development of land. It will
J AIgL6U4/d.4Ui4 R/a4Ai"16 ld&#!i'd&W,"I be applied to areas for which a specific plan has
A1bN1WWA4140WAQM&(Ord.'.941 § I (part). been adopted or where the general plan calls fora
1982.prior code§9103.14(A)) specific plan prior to development. generally
In the C-C zone, the PD zone may be within residential expansion areas (Ord.941 § 1
lied to any parcel, (part). 1982:prior code;9203.151.0))
In all other zones. the
PD zone may be applied to any parcel 1752.020 Allowed uses.
or contiogtmus parcels of at least Prior to adoption ofa specific plan.areas in the
one acre. SP zone may be used in conformance with the
provisions of the C/OS zone Once a specific plan
I750.020 Allowed uses. has been adopted.uses shall be as provided in the
Any use or combination of uses which con- specific plan. (Ord. 941 § l (part). 1982.• prior
form with the general pian may be established in code§9203.15(B)), !
the PD zone. (Ord. 941 § I (part). 1982: prior
code§9203.14(B)) 1752-030 Property development standards.
A. Residential density shall be as provided in
1750.030 Property development standards. the specific plan.
A. Residential densities may exceed'those B. Height. yards. coverage and parking shall
allowed in the underlying zone by not more than be as provided in the specific plan. If the specific
twenty plan percent.([n order to approve a Bevel-' plan does not contain explicit provisions on
opment which exceeds the density otherwise these items.they shall be provided in the under.
allowed. the planning commission and council lying zone.
must make certain findings as required by Sec-
tion 17.62.0408.) ;
B. Under an approved development plan. lot
size and configuration. yards. height. coverage
i y
i