HomeMy WebLinkAbout1068ORDINANCE NO. 1068 (1986 SERIES)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING
CHAPTER 17.88 OF THE MUNICIPAL CODE REGARDING RESIDENTIAL
GROWTH MANAGEMENT
BE IT ORDAINED by the council of the City of San Luis Obispo as follows:
SECTION 1. Findings.
1. The proposed amendments refine and clarify the operation of growth management
regulations, thereby reducing delays and uncertainty associated with development
processing.
2. The proposed amendments are consistent with the general plan.
3. The proposed amendments would not adversely affect the environment and are
categorically exempt (CEQA Section 15308).
SECTION 2. Chapter 17.88 of the Municipal Code is amended as shown in Exhibit "A ".
SECTION 3. A summary of this ordinance, approved by the City Attorney, together with
the ayes and noes, shall be published once in full, 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 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.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo, at its
meeting held on the 20th day of May 1986, on motion
of Councilman Settle , seconded by Councilman Griffjrand on the
following roll call vote:
AYES: Councilmembers Settle, Griffin, Dovey, Rappa and Mayor Dunin
NOES: None
ABSENT: None
or RON DUNIN
TLERK PAMEL VOGES
1 1�:
r
Ordinance No. 1068 (1986 Series)
Page 2
APPROVED:
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City Administrative Offic r
City At rney
�Ft5 , -ti �-C,9 ---
Community Development Director
t
ORDINANCE NO. 1068
(19 86 Series)
FINALLY PASSED this 17th day of
19 86, on motion of C6un6ilman Settle seconded by
Councilwoman novP , and on the following roll call
vote:
AYES: Councilmembers'Settle, Dovey, Griffin, Rappa and Mayor Dunin
NOES: None
ABSENT: None
r
yor Ron Dunin.
ATTEST:
C�ty::Clerk, Pamela._ ges_,:: -. .,,.
Olme, r0sk�)
Chapter 17.88
Residential Growth Management Regulations
Ordinance No. 1068 (1986 Series)
Sections:
Article I. General Provisions
17.88.010 Purpose and Justification
17.88.020 Definitions
Article II. Permit Allocation Procedure
17.88.030
Annual and Quarterly Limits
17.88.040
Minor Exceptions to Quarterly Limitations
17.88.050
Projects with Equal Scores
17.88.060
Group Quarters
17.88.070
Exempt Projects
17.88.080
Status of Construction Projects Not Pursued
17.88.090
Projects with Changed Characteristics
Article III. Scoring Projects
17.88.100 Standards -- Use of
17.88.110 Time Limit for Council Action
Article IV. Administration and Enforcement
17.88.120 Community Development Director's Authority
17.88.130 City Council's Authority
17.88.140 Assurance of Project Features
Article V. Duration, Amendment and Review of Regulations
17.88.150
Duration -- Amendment
17.88.160
Review
17.88.170
Effective Date of Amended Regulations
17.88.180
Transitional Procedures
Article I. General Provisions
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. Regulation of the rate of growth is also intended to help
provide the time needed to assess and overcome the resource limits which the city
faces, and to assure that if development must be limited by resource availability,
those projects which best meet the city's objectives for affordable housing, wise use
of land and energy, 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 of California. 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 gradually
reduced rate of population growth, with a maximum annual average of two percent
considered appropriate during the 1980's and one percent after 1990. The rate of
residential development has declined as projected during the mid 1970's. While this
decline has occurred without municipal restrictions, the reserve of developable land
within the city and the capacity of residential subdivisions, planned developments,
apartment projects, and specific plans approved by the city could sustain growth
rates which would exceed the objectives of the land use element.
D. The land use element also conditions the annexation of large areas on the
availability of adequate resources and the preparation of specific plans. These
policies, together with adopted specific plan phasing provisions, reduce the
likelihood that any property within the city might be deprived of reasonable
development entitlements through the operation of these regulations.
E. The city's general plan housing element, recognizing the number of households as a
meaningful measure of community capacity and growth, calls for a steady rate of
construction averaging about three hundred dwellings per year during the 19801s,
corresponding to a two - percent growth rate and the limitations of these regulations.
This level of housing construction has been determined to provide adequate expansion
of the housing stock to accommodate both households formed from the local population
and a reasonable share of those households expected to migrate to this area. The
growth -rate policies of the land use element and housing element reflect the city's
responsibility to accommodate a reasonable share of expected state and regional
growth.
F. In order to avoid further imbalances between the availability of jobs and housing
within the city, the land use element and the housing element discourage 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.
G. 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 low- wealth and moderate - wealth households.
H. While there is apparently unlimited long term demand for housing due to migration,
the resources to sustain population growth are limited. By managing its growth, the
city intends to provide adequate time to decide on possible measures to overcome
resource limits without acting i a crisis atmosphere, and to economize on city
facility and service costs and maintain the quality of services.
I. As demonstrated by citizen's actions on various initiative and referendum measures,
there is broad public concern with overall city size and the rate of growth.
Adoption of these regulations is deemed a preferable alternative to possible
additional voter - initiated measures or resource deficiencies which would limit
development in ways less consistent with the city's objectives. (Ord. 940, _3 (part),
1982: prior code 9901)
17.88.020 Definitions
As used in this chapter, the following terms shall have the indicated meanings:
A. "Construction Permit ": means the final city approval before construction may begin.
Usually this will be the permit issued by the building division of the community
development department. In the case of mobile home parks requiring no other
entitlement from the city, it will be the use permit for the park.
B. "Month ": means calendar month. So far as possible the community development
department and council shall adhere to a schedule divided into calendar months, with
prompt reporting of conditions and actions on permits. Subject to the limitation of
Section 17.88.110, the schedule may be adjusted on account of the council's meeting
schedule, legal holidays or unforeseen events.
C. "Residential Project ": means the whole of any project containing residential uses.
The construction of more than two dwellings at a time within an area approved as a
single subdivision or architectural review application shall be considered one
project, whether or not separate building permits are to be issued for each
structure. The independent construction of one or more single dwellings or duplexes
which are coincidentally within the same subdivision shall be considered a separate
project.
D. "Affordable Housing Project ": means any project which designates at least one -half
of its dwelling units for low- or moderate - income households, as defined by the
California Government Code Section 65915, and includes affordability guarantees for a
period of not less than 20 years.
E. "Quarterly Period ": means a three -month interval commencing on January 1, April 1,
July 1, and October 1 of each calendar year.
F. "Director ": shall mean the city's Community Development Director or his /her
designated representative.
Article II. Permit Allocation Procedure
17.88.020 Annual and Ouarterly Limits
A. If at the beginning of any quarterly period in a year listed in column (a) the total
number of dwellings authorized by construction permits issued during the previous
twenty -four months exceeds the number listed in column (b), no construction permits
for any non - exempt residential project shall be issued until 1) the 24 -month permit
total drops below the limit in column (b), or 2) construction permits for at least
the number of dwellings listed in column (c) have been scored and readied for
issuance by the Community Development Department.
(a)
(b)
(c)
1984
600
75
1985
600
75
1986
600
75
1987
600
75
1988
600
75
1989
500
60
1990
400
60
1991
400
45
1992
300
45
1993
300
45
1994
300
45
1995
300
45
1996
300
45
1997
300
45
1998
300
45
1999
300
45
B. If at the beginning of the quarter, the Building Official has certified construction
permit applications for a number of dwellings equal to or less than that specified in
column (c) then permits otherwise ready for issuance shall be issued immediately. If
the number of permits issued is less than the limit in column (c), the Director may
issue additional permits during the quarter for projects in the order in which they
are ready, up to the specified limit. Any unused permit allocation shall accrue and
be carried forward for issuance in the following quarter(s), up to the total
allocation for the four previous quarters.
The Director shall issue such accrued permits to projects which are otherwise
eligible for permits on a first -come, first - served basis.
If at the beginning of the quarter, the Building Official has certified construction
permit applications for more dwellings than that specified in column (c), then the
council shall rank the projects based on their scores pursuant to Section 17.88.100,
and permits shall be allocated only for those projects whose cumulative number of
dwellings does not exceed the number specified in column (c), beginning with the
project with the highest score and proceeding sequentially in order of descending
scores.
C. This procedure shall be repeated quarterly until the appropriate cumulative total
specified in column (b) is no.longer exceeded. Any construction permit application
which may not receive an allocation according to these regulations during the quarter
shall be held and its score shall be compared with the scores of subsequent projects,
so that each quarter those projects with the highest scores will be allocated
construction permits, regardless of the order in which the construction permit
applications were submitted or otherwise readied for issuance. (Ord. 1012 sec. 2,
1984: Ord. 940, sec. 3 (part), 1982: prior code sec. 9902.1).
17.88.040 Minor Exceptions to Quarterly Limitations
A. The council may authorize issuance of permits for a project which, alone or
cumulatively with other project, would cause the number of dwellings authorized to
exceed the monthly limitation provided in Section 17.88.030, upon finding that:
1. It is not feasible or desirable to construct the project in phases because it
consists of a single building or integrated group of buildings; and
2. Completion of the project would not significantly conflict with the long term
objectives of these regulations, considering recent and anticipated construction
levels.
B. The council may in the case of all applications for the development of an affordable
housing project consider an exemption under the terms of this section. (Ord. 1036
sect. 2, 1985: Ord. 940 sec. 3 (part), 1982: prior code sec. 9902.3).
17.88.050 Proiects with Equal Scores
If two or more projects have the same score, order of issuance of construction permits
shall be determined by size of project, so the project(s) with the fewest dwellings will
be authorized first. If two or more projects having the same score are also the same
size, order of issuance of construction permits shall be determined by date of
application, so the complete application(s) submitted first will be issued first. (Ord.
940, 3 (part), 1982: prior code 9902.3)
17.88.060 Group Quarters
Group quarters shall be regulated as provided for dwellings. Occupant capacity for each
two and one -half persons shall be counted as one dwelling in tallying cumulative totals
and in determining project size. (Ord. 940, 3 (part), 1982: prior code 9902.4)
17.88.070 Exempt Proiects
The following types of projects shall be exempt from limitations on the issuance of
construction permits and shall not be included in determining the number of specified in
Section 17.88.030A, column (c). However, dwellings and group quarters projects of all
size shall be included in determining the comparison with Section 17.88.030A, column (b):
A. Projects consisting of the independent construction of one or two dwellings;
B. Group - quarters for occupancy by five or fewer persons;
C. Projects replacing damaged or destroyed buildings on a one - for -one basis (these
projects shall not be included in the determination of Section 17.88.030A, column
(b);
D. Remodeling or additions which result in not more than two dwellings, or a
group - quarters capacity of more than five persons, in addition to those which existed
before the remodeling or addition;
E. Transient lodging, including housekeeping units in hotels or motels;
F. Prior to January 1, 1985, only, any single - family dwelling to be constructed on a lot
which existed upon the effective date of the regulations codified in this chapter
(January 7, 1983);
G. Projects which include their own growth management provisions pursuant to an approved
specific plan or planned development, as defined by the Zoning Regulations sections
17.50 and 17.52.
17.88.080 Status of Construction Proiects Not Pursued
Any project for which renewal of construction permits becomes necessary as provided in
the building regulations shall be subject to the approval process of Section 17.88.030,
whether or not a score has been assigned previously. (Ord. 940, 3 (part), 1982: prior
code 9902.6)
17.88.090 Proiects With Changed Characteristics
Once a project has been scored as provided in Sections 17.88.030 and 17.88.100, that
score shall remain in effect unless:
A. Relevant characteristics of the project change, the permit holder requests rescoring,
and the Director assigns a different score; or
B. Relevant characteristics of the project change in a manner that would result in a
lower score if the project were evaluated with the new characteristics. In this
case, the Director'shall notify the project applicant and rescore the project as
provided in Section 17.88.100.
Article III. Scoring Projects
17.88.100 Standards -- Use of
Whenever these regulations require a project to be scored, the Director and council shall
employ the following standards. There shall be a total of twenty -two points possible.
The score received by a project shall be used only to determine the sequence of
construction permit issuance in relation to other projects. The point scoring system
shall not be construed to establish a minimum acceptable score:
Topic: Affordable Housing
Proiect Features
Project provides publicly -owned
or publicly assisted housing,
where occup�ncy is restricted to
low-income or
those requiring special living
accommodations.112
The sale price or monthly occupancy
cost considering special financing,
or rents, will be affordable to
moderate - wealth households (those
with incomes less than one hundred
twenty percent of the county median
income and with limited assets, such
as property ownership), and there
will be buyer or tenant screening
and resale control mechanisms to
assure continued affordability.
The project will be affordable to
moderate - wealth households, but
there will be no occupant screening
or resale control.
Maximum Points Possible: 8
Examples
Housing owned or managed by the
housing authority or other nonprofit
sponsor, or providing below- market
rents through a subsidy, with tenant
screening.
Criteria
1. Terms of Arrangement
a.
20 years or more
b.
10 -19 years
c.
5 -9 years
d.
less than 5 years
2. Percentage
of Units
a.
75 - 100%
b.
25 - 74%
c.
less than 25%
The project includes below- market rate
financing, equity sharing, or other
cost - reducing features, and deed
restrictions limiting appreciation.
Criteria
1. Terms of Arrangement
a. 20 years or more
b. 5 -19 years
c. less than 5 years
2. Percentage of Units
a. 75 - 100%
b. 25 - 74%
c. less than 25%
The dwellings and lots, if any, are
of modest size and there are few or
no unnecessary household devices or
recreational amenities and developer
provides documentation of intended
selling price or rental rates.
Points
4
3
2
1
4
3
2
3
2
1
3
2
1
The project will provide the
least costly new housing of its
type available in the city.
Criteria
Unit size or cost
a. Expected to be affordable
to households with incomes
less than 120% of the county
median and are not larger than:
Studio 400sf
1- bedroom 600sf
2- bedroom 900sf
3- bedroom 1200sf
4- bedroom 1400sf
b. Contains few unnecessary
amenities and are no larger
than:
Studio 450sf
1- bedroom 800sf
2- bedroom 1100sf
3- bedroom 1400sf
4- bedroom 1600sf
The developer documents that the
project is intended to be marketed
at or below the lowest price for that
type of new housing currently available.
1 "Low Income" as defined in the California Government Code Sec. 65915
2Handicapped, disabled, group homes or half -way houses.
Points
4
0a
TOPIC: Public Facilities /Amenities
Proiect Features
Project provides facilities to
help protect public health or
safety which will benefit a
wide area beyond the project site.
Project provides facilities to
help protect public health or
safety which will benefit a
limited area beyond the project
site.
Project provides a public amenity
which will benefit a wide area
beyond the project site.
Project provides a public amenity
which will benefit a limited area
beyond the project site.
Maximum Points Possible: 4
Examples
Alternate access will be provided to
a neighborhood previously accessible
by only one street; a water main will
be looped to provide more reliable fire
flows; a deficient sewer main will be
replaced, eliminating backup problems
in the neighborhood; a drainage
obstruction effecting several acres of
developed land will be removed.
A partially improved street will be
fully improved; a new fire hydrant
serving several existing dwellings will
be installed; a sewer line or drainage
obstruction affecting a few neighboring
properties will be corrected.
A major addition to a community park
will be made; an open space area which
would otherwise be developed will be
protected in perpetuity, and the area
contains valuable wildlife habitat or
it is visible from a large part of the
city; the project includes a facility
which will be made available through
time - sharing to community groups.
Sidewalk and street landscaping will
be completed for a "gap" in a developed
area; an open space area which would
otherwise be developed will be protected
in perpetuity, and the area is visible
or accessible from neighboring properties;
a bus passenger shelter will be built.
TOPIC: Location (infill /sequential development)
Proiect Features
The project is within the developed
area of the city as it existed
upon adoption of these regulations.
Examples
Maximum Points Possible: 5
Points
W
2
Points
Point values for various areas shall 4
be as shown on Map Exhibit 1 (codified
at the end of this chapter). These
standards assume the site zoning
allows residential use.
Pro iect Features Examples Points
The project is within the city
limits as they existed upon
adoption of these regulations.
The project is within an
expansion area identified in
the general plan land use
element as it existed upon
adoption of these regulations.
The project is outside the city
and outside expansion areas
identified in the general plan
land use element as it existed
upon adoption of these regulations.
The project is inside or within
convenient walking distance of a
major activity center (employment,
and services) as shown on Exhibit 1
(codified at the end of this chapter).
TOPIC: Public Transportation
Proiect Features
Any point of public pedestrian
access to the site is within
nine hundred feet of an operating
city bus route.
TOPIC: On -site Resource Conservation
Project Features
The project will use substantially
less energy than a project minimum
state and local requirements.
Maximum Points Possible: 1
Examples
Maximum Points Possible: 4
Examples
The dwellings use active or passive
solar systems for space and water
heating.
2
1
I
1
Points
1
Points
2
The project will use somewhat less The dwellings will be sited to take 1
energy than a project meeting advantage of solar opportunities,and
minimum state and local requirements. use active or passive solar systems
for either space or water heating.
Proiect Features Examples Points
The project will use substantially
less water than conventional
development.
The project uses groundwater or
recycled water for landscape
irrigation -- no stream diversion
or cross - connection with public
system allowed.
The project will use somewhat less Landscape irrigation design includes
water than conventional development. water conserving features like drip
irrigation or low- gallonage heads, or
at least one -half of plants are
drought tolerant.
17.88.110 Time Limit for Council Action.
2
Each project which must be scored according to these regulations shall be scored by the
Director within forty -five days from the date when a complete construction permit
application and plans are accepted by the Chief Building Official. Construction permits
for projects which are not scored and are otherwise ready for issuance shall be deemed
approved pursuant to these regulations upon the forty -sixth day. (Ord. 940 sec. 3
(part), 1982: prior code sec. 9904).
Article IV. Administration and Enforcement
17.88.120 Community Development Director's Authority
The Community Development Director shall administer these regulations. Neither the
Director nor the Chief Building Official shall issue any permit in conflict with these
regulations.
17.88.130 City Council's Authority
The council shall score and rank projects. The council's decision shall be final. It
shall not be necessary to hold a public hearing for the council to establish scores for
projects. (Ord. 940 sec. 3 (part), 1982: prior code sec. 9906.2).
17.88.140 Assurance of Proiect Features
In order to assure that projects will be built and made available to occupants as
indicated by an applicant when projects are scored, the city may enter into agreements,
require the posting of bonds or other guarantees, withhold occupancy permits or other
entitlements, or pursue other remedies provided in this code for failure to meet
conditions imposed as part of project approval. (Ord. 940 sec. 3 (part), 1982: prior
code sec. 9906.3).
1
Article V. Duration, Amendment and Review of Regulations, and
Effective Date of Amendments
17.88.150 Duration -- Amendment
These regulations shall remain in effect no later than December 31, 1999, when they shall
automatically expire. They may be amended or repealed at any time, as provided in this
code. (Ord. 940 sec. 3 (part), 1982: prior code sec. 9907).
17.88.160 Review
Staff shall prepare an evaluation and report no later than January 31, 1989 concerning
the effects of these regulations since amendment. (Ord. 940 sec. 3 (part), 1982: prior
code sec. 9908).
17.88.170 Effective Date of Amendments
These amended regulations shall become effective 30 days after final passage. Any
projects for which a complete construction application has been received by July 1, 1986
shall be eligible for ranking under the amended regulations.
17.88.180 Transitional Procedures
The Director shall score and rank the above projects as soon as possible (but in no case
more than 45 days) after the effective date of the amended ordinance. This ranking shall
be in -lieu of the June 1986 monthly ranking and permit allocation. The initial ranking
and permit allocation shall be for 100 dwelling units (25 for June 1986 and 75 for the
third quarter of 1986). After the initial ranking and permit issuance, all subsequent
scoring, ranking, and permit issuance shall be as otherwise provided in this ordinance.
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