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HomeMy WebLinkAbout02/00/1990, - POLICY TYPES OF DEVELOPMENT REVIEW j RESOLUTION NO. 6543 (1988 Series) A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO ESTABLISHING A POLICY FOR NOTICING VARIOUS TYPES OF DEVELOPMENT REVIEW WHEREAS, the Council finds that it is in the community's best interest to provide extensive public notice of development proposals in order to solicit neighborhood participation in the review of new projects; and NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby adopt the noticing schedule as set forth in the attached table labeled "Notification Requirements", which are incorporated hereby by reference. On motion of Councilman Settle . seconded by Councilwoman Rappa and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 6th day of December 1988. s % yor Ron Dunn ATTEST:, City Clerk Pam V e R6543 Resolution No. 6543 (1988 Series) Page 2 i APPROVED: City Administrative Officer City Att#rney !moi Community Development Director 1 NOTIFICATION -REQUIREMENTS- LETTERS TO LETTERS TO PROCEDURE AD AD MAP ADJACENT PROPERTY SIGNS PROPERTY OWNERS OWNERS WITHIN 300' ADDRESS CHANGE S APPEALS• SAME AS ORIGINAL APPLICATION ARCHITECTURAL REVIEW-A.R.C. 2 S 5 Minor or Incidental So So j NoneResidentlal Adjacent to Residential Zone - 2 58 5 Determination of Significant Structure 2 5 i 5 Demolition of Significant Structure h h 5fg 5}g 5 CONDOMINIIUM CONVERSIONS 10 10 log 10 10 CULTURAL HERITAGE-Projects on Residential Silas 5 Projects in Historical Districts b Demolition an Historical Resource Sites 5 Demolition in Historical Districts b -Changing Master List Resources 5 Changing Historical District Boundaries 10 10 10 10 DOWNTOWN HOUSING CONVERSION PERMITS-City Council 10 10 ag 10 ENVIRONMENTAL REVIEW-Community Development Department h GENERAL PLAN AMENDMENT-M -Planning Commission and C.C. 10 10 10 Text-Planning Commission and City Council 10 HOME OCCUPATION PERMITS 5 Home Occupation with Administrable Hearing 5 54 5 PARCEL MAPS all except Planned Devel.)-Tentative m Director 10 to 10 10 Final m -Director 10 10 PLANNED DEVELOPMENT REZONING-Preliminary-P.C.and C.C. 10 10 10 10 Final Development Pian-Director NO NOTICE Amendments(preliminary or final)-Plannin Commission 10 10 10 10 REZONING-M -Planning Commission and City Council 10 10 10 10 Text-Planning Commission and City Council 10 SCHOOL TENANT PERMITS h School Tenant with Administrative Hearing 5 10 b 5 SIDEWALK SALES PERMITS NO NOTICE SIGN PERMITS NO NOTICE SPECIFIC PLAN AMANDMENT-Planning Commission and C.C. - 10 -to 10 STREET ABANDONMENTS-Planning Commission 10 10 10 10 Resolution of Intent City Council NO NOTICE Resolution Ordering-City Council t0 10 10 c STREET NAME CHANGE-Planning Commission 10 10 log 10d TIME EXTENSIONS b TRACT MAPS AND PARCEL MAPS WITH P.D.(tentative)-P.C. 10 10 10a 10 USE VERMIS-Administrathre S 1 5a 1 5 Planning Commission and City Council 10 1 t o a 10 VARIANCES-Administrative 5 5a 5 'NUMBERS IN COLUMNS INDICATE THE NUMBER OF DAYS PRIOR TO HEARING THAT ACTION(LEGAL AD,LETTER,POST SIGN...)IS TO OCCUR a.Nodes to adjacent tenants,Including those across the street s. Notice at least five days before final action. b.Notice may be required to adjacent or any other property owners.at I. Letters sem to persons or organaetions that have requested notice the discretion of the Community Development Department's of demolition of significant structures. Director or his representative. g.Notice to tenants. c.Signs must be 300'apart of less,minimum three signs. d.Minimum of three signs. h..No specific date or time IimiL The above noted procedures meet or exceed the requirements of other sections of the City of San Luis Obispo Municipal Code or'applicable state law. While it is city policy to provide additional notice beyond these minimums,failure to provide such notice shall not be construed In any way as invalidat. ing otherwise proper actions or decisions. n,m Major expansion areas which may eventually be used for residential development are identified by name on the plan map: Irish Hills, Dalidio, Margarita, Orcutt. They may not be urbanized until their -� water supply and treatment needs, in addition to those of all potential development within the city, can be met. Specific plans for these areas will determine basic circulation and subdivision patterns and may provide for a range of densities within the overall potential of low-density residential, in order to meet the:goals of the Housing Element. Other expansion areas,.located on South Broad Street, are reserved largely for residential development consistent with the Edna=Islay Specific Plan, with some service commercial/light industrial uses along Broad Street. Other areas reserved for urban use include: - An area north of Prado Road and east of Elks Lane, which may be changed to an urban land-use designation when the flood hazard is mitigated. - About I1 acres between Los Verdes Park and San Luis Obispo Creek, which may be used for residential development when the flood hazard is mitigated and, if the area is still beyond the four-minute fire response time, when the fire marshall approves fire safety measures.. A sizable easement shall be maintained for the creek and an equitable contribution obtained towards the Los Osos Valley Road interchange. - An area bounded by Elks Lane, San Luis Obispo Creek, and Highway 101, which may be changed to an urban land-use designation when the flood hazard is mitigated. D. HILLSIDE PLANNING POLICIES AND STANDARDS I. Statement of Purnose The City of San Luis Obispo establishes comprehensive standards and policies for hillside development for the following reasons: . a. To protect and preserve scenic hillside areas and natural features such as the volcanic Morros, ridge lines, rock outcroppings, and steep slope areas that function as landscape.backdrops for the community. b. To set the limits of commercial and residential development in hillside areas by establishing a permanent open space green belt at the edge of the community. C. To protect the health, safety and welfare of community residents by directing development away from areas with hazards such as landslides, wildland fires, rapid drainage and erosion. 23 2. Aoolication The land use and development standards presented in this section are applicable to the areas identified in the Hillside Planning Program (see Map #1). All specific plans, subdivision maps, annexation applications or development proposals within these areas must be consistent with these provisions. Unless provisions in this section of the Land Use Element address a specific issue or topic, the policies in other parts of the city's general plan will continue to apply in each of the hillside planning areas. 3. General Provisions The following provisions shall apply to all hillside planning areas included in this section unless elsewhere exempted or modified:. a. Definition 2f Hillside: Hillsides are elevated and natural sloping formations surrounding and bisecting the city. Hillside areas are difficult to serve with sewer, water, and fire protection; are subject to landslides, erosion, and rapid run-off; and provide a scenic backdrop to the community. Hillsides are sensitive areas with intrinsic environmental and community values which warrant protection. b. JJlt Urban Reserve Li= The urban reserve Iine is the extent of city utilities and urban development around the city. The precise location of the urban reserve line for hillside planning areas described in this section is shown on large scale aerial photographs on file in the San Luis Obispo Community Development Department. C. The Develooment Limit Lj= Is the boundary between Conservation/Open Space and land earmarked for urban use inside the urban reserve line as shown on the city's Land Use Element Map. The precise location of the Development Limit Line for hillside planning areas is shown on large scale aerial photographs on file in the San Luis Obispo Community Development Department. These photographs are incorporated into this Land Use Element by reference. All general provisions of this Section (items under Section D.3 — Location of Building Sites; Sensitive Sites; Open Space Programs; Density Transfer Development Transfer Programs) shall be applicable to areas where a Development Limit Line has been established and the Development Limit Line shall have the same force and effect as the Urban Reserve Line. These photographs are incorporated into this Land Use Element by reference. 24 d. Location gf Planning Areas: The location of each hillside planning area is generally described in this section of the Land Use Element and mapped on large scale aerial photographs on file in the Community Development Department and incorporated into this Land Use Element by reference. e. Location 4L Building Sites: All building sites must be located totally within the urban reserve line. Lot lines for individual parcels may cross the urban reserve line to meet dimension and area requirements of the city's subdivision regulations. The Community Development Director may grant minor variations to this provision based on more precise analysis of the area's topography when a subdivision map or precise development plan is submitted to the city. f. Sensitive a:i=- When this section designates all or a portion of a planning area as a 'sensitive site" as defined by the city's Architectural Review Commission Guidelines and Municipal Code Section 950021E, the plans for development shall require the approval of the Architectural Review Commission. Housing plans shall be reviewed.according to the following criteria: (1) Houses should be built in stepped levels to conform to the slope of the hill and keep a low profile. The use of prominent stem walls and foundation piers should be avoided. (2) Grading on individual lots should be minimized. Houses should generally be built close to the street. The grading of visible driveways should be minimized. (3) Landscaping which is visually compatible with the existing hillside vegetation should be used to screen building foundations and provide a landscaped transition between housing areas and adjacent open space. (4) The color and texture of building materials should blend as much as possible with the natural landscape and avoid the creation of high-contrast situations. g. Ooen Soace Prostrams: Prior to or concurrent with any further subdivision or development of commonly held land inside the urban reserve, the city will require that land beyond the urban reserve be secured as permanent open space. The city will consider a wide range of mechanisms for establishing permanent open areas including, but not limited to: (1) Scenic or open space easements (2) Parkland dedications (3) Dedications with the possibility for tax relief `1 25 city of San tins OBISPO G90 :OOP COUNCIL AGENDA REPORT ""U" /041 a FROM: Arnold Jonas, ommunity Development Director; Prepared by: Ken Bruce, Senior Planner SUBJECT: Joint City Council/Architectural Review Commission Meeting CAO RECOMMENDATION: That the City Council and Architectural Review Commission review several issues of mutual interest and take action as appropriate. DISCUSSION ITEMS: 1. Adequacy of Public Notification Procedures for Architectural Review Commission Agenda Items. Mr. Philip Johnson, at a public comment period before the City Council on December 5, 1989, suggested the present five-day public notification period of newspaper ad, posting the site, and letters to adjacent property owners, was not sufficient time for interested public to get involved with a project. He requested a seven-day notice and that it be sent to all property owners within 300-feet of the site. Previously, on December 12, 1988, the council adopted Resolution No. 6543 (1988 Series) establishing a policy for noticing various types of development review. For Architectural Review Commission items, there is a two-day newspaper ad, five-day posting of the site, and a five-day letter to only adjacent property owners. 2. Utilization and Implementation of Hillside Development Standards by the Architectural Review Commission. Mr. Philip Johnson feels the Architectural Review Commission does not follow the adopted hillside development standards. These standards were adopted October 16, 1984, as part of the general plan Land Use Element. 3. New of Revised Plans or Material Introduced for the First Time During the Architectural Review Commission Rearing. Mr. Philip Johnson feels that when new or revised plans or materials are introduced for the first time at a hearing, that a final action should not be made at that hearing because the commission, staff, and the public do not have adequate time to make informed responses. 4. Architectural Review Commission Policy of Promoting Modification Rather than Denial of a Prosect. The Architectural Review Commission seldom denies a project outright. They prefer instead to provide the opportunity, through continued hearings and direction to applicants for project modifications, to have the project evolve into a configuration that can be approved. The ARC is interested in council feedback on this policy. RECEIVED E® FEB 1 o. 1990 't:04* / SAN LUIS 0815P0.CA city of San tins OBISp0 Wis COUNCIL AGENDA REPORT Agenda February 200 1990 Page 2 5. Master Plan for Mitchell Park. The Architectural Review Commission has reviewed several projects in Mitchell Park over the last few years. The latest being a water well housing structure. On December 4, 1989, the commission acted to recommend to the City Council that the park be master planned, that a master plan was needed now, and it should be developed .jointly with the Parks and Recreation Commission, Utilities Department, and members of the public. The commission feels no more changes or development should take place within the park until a master plan is developed and adopted. 6. Architectural Review Commission's Role in city Proiect Review and Implementation of Proiect Approvals. Municipal Code Section 2.48.170 establishes the requirement for Architectural Review Commission review of all city-financed projects including, but not limited to municipal buildings, parks and open spaces, and street furniture. ARC review of such projects often results in the imposition of conditions of approval for landscaping, colors, architecture, signage, and similar aspects of physical development. The commission feels that project implementation occasionally defers or ignores such conditions to the detriment of the project. They seek council comment on and reaffirmation of the importance of implementing ARC conditions. I i ATTACHMENTS: Letter from Mr. Philip Johnson Resolution No. 6543, Establishing a Policy for Noticing Various Types of Development Review Hillside Development Standards Municipal Code Chapter 2.48 - Architectural Review Commission 2.48.010 determine appropriate mitigation measures for 2.48.140 Functions. Cboth Level 1 and 2 deficiencies. In the case of a 2.48.150 Duties. Level 1 problem,it must also determine whether 2.48.160 Architectural review procedures. the measures are adequate to allow the project. 2.48.170 Jurisdiction. 2. The commission's decision is final unless 2.48.190 Noncompliance with provisions. appealed to the council except if the mitigating 2.48.200 Revocation,expiration and measure requires a capital budget commitment extension of approval. by the city it shall be referred to the council for 2.48.010 Definitions. final action. The following words and phrases shall have E. Projects Approved by the Council. the meaning indicated when used in this chapter. 1. When the council is to make the final deci- A. "Commission" means the architectural Sion on a project, the staff report on a resource review commission. . problem and, where applicable, the planning B. "Commissioner' means a member of the commission's recommendations will be submit- architectural review commission. ted to the council. C. "Council' means the council of San Luis 2. At the same meeting during which it Obispo. D. "Director' means the community devel- reviews the project, the council must determine opment director, or someone designated by him appropriate mitigation measures for both Level l to act on his behalf. and Level 2 deficiencies: In the case of Level I E. "Physical improvement" means: deficiencies, it must also determine whether the 1. Drainage; measures are adequate to allow the project. 2. Exterior lighting; (Prior code§ 2900.3) 3. Land or grading or filling of land; removal of natural ground cover, vegeta- f tion or trees; installation of fences, retaining Chapter 2.48 walls, walkways, sidewalks, curbs; filling and modification of existing waterways ARCHITECTURAL REVIEW 4. Landscaping; COMMISSION 5.. Painting; 6. Parking and loading areas:driveways,curb Sections: cuts or other street connections; 2.48.010 Definitions. 7. Signs: When submitted simultaneously 2.48.020 Findings and policy. with plans for any of the improvements to be 2.48.030 Purpose. reviewed under this chapter, 2.48.040 Established. 8. All other exterior ornamental or functional features. 2.48.050 Qualifications. F. "Plans means those items (architectural 2.48.060 Terms. plans, elevations, sections, etc.) as required by 2.48.070 Filling vacancies and removal of the ordinance codified in this chapter to be sub- members. miffed for review by the commissioner. 2.48.080 Officers—Selection. G. "Schematic" means those narratives, 2.48.090 Officers—Duties. sketches and drawings for a proposed structure 2.48.100 Secretary—Duties. or physical improvement,which precede prelim- 2.48.110 Meetings. inary and final work drawings. 2.48.120 Quorum. I H. "Structures" -means all buildings and 2.48.130 Rules, regulations and structures which by code require a building per- procedures. mit. (Prior code§9500.1) _ 1 (San Luis Obispo I-86) 50 2.48.020-2.48.050 2.48.020 Findings and policy. B. To preserve and enhance the beauty and The council finds and declares: environmental amenities of the city by: A. That the city of San Luis Obispo is a city 1. Stimulating creative design for individual With unique characteristics, ideal climate condi- buildings, groups of buildings and structures. tions, spectacular natural vistas, and natural and other physical improvements; dynamic natural features."it is these characteris- 2. Encouraging the innovative use of mate- tics which attract a significant number of visitors rials, methods and techniques; to San Luis Obispo and which enhance the qual- 3. Preserving balance and harmony within ity of life of the permanent residents; neighborhoods; B. That all of these factors constitute an 4. Integrating the functions,appearance, and important economic base for the city, both for locations of buildings and improvements so as to those who earn their living and for those who best achieve a balance between private preroga- visit the city; tives and preferences and the public interest and C. That the appearance of buildings, struc- welfare; tures,and the land,as visible from public streets, C. To promote and protect the safety, conve- places and ways, has a material and substantial nience, comfort, prosperity and general welfare relationship to property values and the taxability of the citizens of the city by: of property in the city; 1. Preserving and enhancing the natural D. That to protect the economic welfare of beauties of the land and of the man-made the community, it is the policy of the council to environment,and the enjoyment thereof; protect, maintain and enhance the social and 2. Maintaining and improving the qualities economic values created by past and present of, and relationships between, individual build- investments in the community by requiring all Ings, structures, and physical developments in future development to respect these traditions such manner as to best contribute to the and require that all buidings and structures amenities and attractiveness of the city; J placed on the land respect the natural land forms, .3. Protecting and insuring the adequacy and and become a compatible part of the total com- usefulness of public and private developments as munity environment,both in the local neighbor- they relate to each other and to the neighborhood hood and the city as a whole: or area. (Prior code§9500.2(13)) E. That the policy will be furthered by the creation of an architectural review commission 2.48.040 Established. to develop appropriate standards and guidelines There is hereby established the San Luis for the use of persons planning future develop- Obispo Architectural Review Commission con- ments, to advise and assist both the developers sisting of seven members appointed by the coun- and the city in applying the standards, and to cil. Commissioners shall serve without review all proposals for future developments to compensation.(Prior code§ 9500.2(C)(1)) assure conformance with the policy.(Prior code§ 9500.2(A)) 2.48.050 Qualifications. The commissioners shall be persons who have 2,48,030 Purpose, demonstrated their sincere interest in the physi- The purpose of this chapter is: cal environment of San Luis Obispo, and are A. To recognize the interdependence of land able, because of their background, training, values and aesthetics, and to provide a method expertise, and experience, to make positive and by which the city may implement this interde- fair aesthetic evaluations of the projects which pendence to its benefit, and to the benefit of its will come before them. (Prior code § individual citizens; 9500.2(Cx2)) 51 (San Luis Obispo 749) 2.48.060-2.48.150 2.48.060 Terms. 2.48.110 Meetings. A. Commissioners shall be appointed for The commission shall hold at least one regular terms of four years which shall commence meeting each month and shall schedule other immediately upon appointment by the council. meetings at such intervals as to promptly dispose B. Commissioners shall serve at the pleasure of all applications for review. The commission ofthe council and may be reappointed;provided, shall establish the time for such regular meetings that no appointee shall serve more than two con and all the meetings shall be held at City Hall. secutive full terms(eight years).Appointment.to (Prior code§9500.2(C)(8)) a partial term of office following an unscheduled vacancy shall not preclude the appointee from 2.48.120 Quorum. serving two consecutive full terms following Four members of the commission constitutes completion ofthe partial term;provided,that the a quorum for the transaction of business. No partial term is less than two years.(Ord. 1138 § 1 approval or other action of the commission shall (part), 1989: prior code§9500.2(CX3)) become effective without receiving the affirma- tive vote of a majority of the members present. 2.4$.070 Filling vacancies and removal of (Prior code§9500.2(CX9)) members. Vacancies shall be filled for unexpired terms. 2.48.130 Rules, regulations and procedures. The council, by majority action, may remove The commission may adopt rules,regulations any commissioner as provided in the City Char- and procedures as required for the transaction of ter. (Prior code§ 9500.2(C)(4)) its business. These rules shall become effective upon approval of the council. (Prior code § 2.48.080 Officers—Selection. 9500.2(CX10)) The commission shall select a chairman and vice chairman from among its members to serve 2.48.140 Functions. for a one-year term beginning April 1st of each The function of the architectural review com- year.No commissioner shall serve in the office of mission shall be to administer the provisions of chairman or vice chairman for more than two this chapter in a manner which will: consecutive terms. (Ord. 1138 § 1 (part), 1989: A. Develop and maintain a pleasant and har- prior code§9500.2(C)(5)) monious environment; B. Promote and enhance real property values; 2.48.090 Officers—Duties. C. Conserve the city's natural beauty; The chairman shall preside at all meetings of D. Preserve and enhance its distinctive visual the commission.The vice chairman is chairman character, in the absence of the chairman or in case of E. Insure the orderly and harmonious devel- inability of the chairman to act (Prior code § opment ofthe city with attention to site planning 9500.2(CX6)) and exterior appearance of public and private structures. (Prior code§9500.2(DX1)) 2.48.100 Secretary—Duties. The secretary shall be a representative of the 2.48.150 Duties. community development department, and shall A. The commission shall establish appropri- keep minutes of each meeting and shall record ate standards and guidelines for the use of the official action taken. The records of all pro- persons planning future developments which are ceedings and the basis for all findings shall be subject to architectural review commission available to the council and to the public.(Prior approval, the standards and guidelines to be set i code§9500.2(CX7)) (s.o Li is Obiwo 7-89) 52 2.48.160-2.48.190 forth in pictorial and/or narrative form and may 2.48.170 Jurisdiction. illustrate undesirable as well as desirable exam- A. Approval by the commission shall be ples of design. A document containing the Stan- required for all structures and physical improve- dards and guidelines shall be available for public ments except individual built single-family reference in the community .development dwellings. The exception for the individual sin- department. The commission shall periodically gle-family dwellings shall not apply if(1) archi- review these standards and guidelines and may tectural review is required as a condition of a make appropriate amendments. subdivision use permit or other discretionary B. The commission shall make itself available entitlement; (2) when a developer proposes to to advise and assist both developers and city staff construct three or more units;(3)when the direc- in the application of its standards and guidelines for determines the site is sensitive as set forth in to projects during schematic and development the procedures document."Sensitive sites"shall stagesinclude,but not be limited to,open space zoning C. The commission shall review and approve areas designated by resolution of the planning plans for all structures and physical improve- commission,architectural review commission or ments and for anv relocation,addition,or exten- council; and (4) where the scale or character of sion to or exterior change of or to existing the proposed dwelling contrasts significantly buildings,structures and physical improvements with adjacent or neighboring structures. located in districtsas set forth in Section 2.48.170 B. The commission shall also review all city before a building permit or other permit autho- financed projects, including, but not limited to, rizing construction, alteration, relocation, addi- municipal buildings, park and open spaces and tion, or extension under the ordinances of the street furniture. city may be issued unless the commission or the C. Approval by the commission shall be director shall certify that the nature of the work is required for all projects, including individual minor or incidental and need not be reviewed by built single-family dwellings,located in or along,, the commission. When, in the opinion of the any creek or waterway as defined by the city's director, an application for a use permit, vari- flood plain management policy. Approval shall ance or rezoning may create an architectural be granted if the commission finds that a project impact contrary to the objectives of this chapter, complies with the uniform storm design criteria he may require a commission review prior to the for waterways, all other applicable policies and planning commission hearing. (Prior code § standards for flood plain management,and oth- erwise satisfies relevant architectural criteria. 9500.2(D)(2)) . Projects involving any building or bridge pro- posed to be constructed in or over any portion of 2.48.160 Architectural review procedures. any of the four major creeks or waterways, as The commission shall adopt the procedures defined by said policy,or any major creek modi- document which sets forth the procedures and ftcaiton project, shall be referred to council for criteria for architectural review. The document review and specific directional guidance prior to shall be published and dated and shall be any commission action. (Ord. 1010 § 1, 1984: approved by the council. A record copy of the prior code§ 9500.2(E)) current procedures document shall be main- tained in the office of the city clerk and in the 2.48.190 Noncompliance with provisions. community development department. Copies A. In addition to any other fines,penalties or shall be available to the general public. (Prior enforcement provisions set forth in this chapter, code§ 9500.2(D)(3)) failure to comply in any respect with an 53 - — --- — _(San Luis Obispo 1.861