HomeMy WebLinkAbout1129ORDINANCE 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.
1129
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 :...
Rappa ,seconded by Councilwoman Plnard ,and on
the following roll call vote:
AYES: Councilmembers Pinard, Rappa, Reiss and Mayor Dunin
NOES: None
ABSENT: Councilman Settle
Mayor ROW-15uivrk-,
ATTEST:
Cit �erk ' -Pw V E
APPROVED:
City A inistrative Officer
ALI
City At rney
Community Development Director
A,
.reVi1QVEW"
JAI 31989 Chapter 1750
QTYCLERK
SAN LUG o6+sPO.CA
LANNED DEVELOPMENT (PD)
1: �� �1A . ZONE
Sections:
1750.010 Purpose and application.
1750.020 Allowed uses.
1750.030 Property development
standards.
.►
9'EATE TI A""' JAN 3 '89 �� IT ITEM #
1750.010 Purpose and application.
The planned develoment zone is intended to
encourage imaginative development and effec-
tive use of sites. It does this by allowing more
variation in project design than normal stan-
dards would allow. Such variation from normal
standards should provide benefits to the project
occupants or to the community as a whole which
could not be provided under conventional reg-
ulations. PD rezoning must occur simul-
taneously with approval of specific project. Thor
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�4rgG6�s /daiFEi� /off' /aE�fE�is4 /o�ria��dr�E! eta' E6��i�!
Ai6KMtbAA* /d4%&/z6hk /(Ord.'941 § I (part).
1982: prior code § 9203.14(A)) '
In the C -C zone, the PD zone ma be
a lied to an arcel,.
In all other zones, the
PD zone inay be applied to any parcel
or contiguous parcels of at least
one acre.
1750.020 Allowed uses.
Any use or combination of uses which con-
form with the general plan may be established in
the PD zone. (Ord. 941 § I (part). 1982: prior
code § 9203.14(13))
1750.030 Property development standards.
A. Residential densities may exceed those
allowed in the underlying zone by not more than
twenty -five percent. (In order to approve a devel-
opment which exceeds the density otherwise
allowed. the planning commission and council
must make certain findings as required by Sec-
tion 17.62.040B.)
B. Under an approved development plan. lot
size and configuration. yards. height. coverage
and parking may be specified for the project
without conformance to the standards of the
underlying zone.
C. For procedures and performance criteria.
see Chapter 17.62. (Ord. 941 § I (part). 1982:
prior code § 9203.14(C)) I * F'% —
Chapter 1752
SPECIFIC PLAN (S
OVERLAY ZONE
Sections:
1752.010
1752.020
1752.030
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Purpose and applica6
Allowed uses.
Property development
standards.
1752.010 Purpose and application.
The SP zone is intended to translate the provi-
sions of an adopted specific plan into regulations
for the subsequent development of land. It will
be applied to areas for which a specific plan has
been adopted or where the general plan calls for a
specific plan prior to development. generally
within residential expansion areas. (Ord. 941 § I
(part). 1982: prior code § 9203.15(A))
1752.020 Allowed uses.
Prior to adoption of specific plan. areas in the
SP zone may be used in conformance with the
provisions of the C /OS zone. Once a specific plan
has been adopted. uses shall be as provided in the
specific plan. (Ord. 941 § I (part). 1982: prior
code § 9203.15(6))
1752.030 Property development standards.
A. Residential density shall be as provided in
the specific plan.
B. Height. yards. coverage and parking shall
be as provided in the specific plan. If the specific
plan does not contain explicit provisions on
these items. they shall be provided in the under-
lying zone.
C_ 8 -y
At
17.6-1.010-17.62.020.
Chapter 17.62
PLANNED DEVELOPMENT
Sections:
17.62.010
Preliminary development plan.
17.62.020
Actions of the planning
commission.
17.62.030
Actions of the council.
17.62.040
Required findings.
17.62.050
Requirement for development
plan.
17.62.060
Final development plan.
17.62.070
Phasing.
1742.080
Amendment of final
development plan.
17.62.090
Revocation of PD zoning.
17.62.010 Preliminary development plan.
Application for planned development shall
be made to the community development
department and shall consist of a preliminary
development plan. to include:
A. A legal description of the total site
involved:
B. A statement of the objectives to be
achieved by the planned development through
the particular approach to be used by the
applicant:
C. A schedule indicating the approximate
dates when construction of the development or
stages of the development are to be started and
completed:
D. A statement of the applicant's intentions
regarding future sale or lease of all or portions of
the planned development:
E. A quantified description of the total
• number and type of dwelling units. parcel sizes.
coverage. modified and natural open space.
grading. residential densities. and areas devoted
to nonresidential uses:
F. Identification of portions of the develop-
ment which would otherwise require a variance.
and reason for the deviation from normal
standards:
G. A site plan and supporting maps. drawn
(San Luis Obispo 7$41
484
0
to a suitable scale and cieariw?labeled showing. -_,�
if applicable:
1. Existing site conditions. including, con-
tours. vegetation and water courses:
2. Proposed lot designs:
3. Location and floor area of existing and
proposed buildings or outlines of areas within
which buildings may be located:
4. Location and size of all areas to be con -
veved or reserved as common open spaces or for
public or semipublic uses;
5. Existing and proposed circulation system
of arterial. collector. and local streets: off - street
parking. loading. and emergency access areas:
points of access to public rights -of -way: pro-
posed ownership of circulation routes:
6. Existing and proposed sidewalks and
paths:
7. Existing and proposed utility systems.
including sanitary sewer. storm drainage. water,
electricity. gas and telephone:
8. A general landscape plan:
9. A general grading plan:
H. Information on land area adjacent to the
proposed development, indicating important
relationships between the proposal and sur-
rounding land uses. circulation systems. public
facilities and natural features:
1. Any additional information which may be
required by the director to evaluate the char-
acter and impact of the planned development,
(Ord. 941 § 1 (part). 1982: prior code §
9204.4(A))
17.62.020 Actions of the planning
commission.
After giving notice as provided in Section
17.70.030. the planning commission shall hold a
public hearing on the application. The planning
commission may approve. approve subject to
certain modifications. or deny the application.
The decision of the planning commission shall
be in the form of a recommendation to the
council and shall be rendered in writing. stating
all modifications or conditions to be reflected in
C -B -s
17.62.010 - 17.62.020 0
Chapter 17.62
PLANNED DEVELOPMENT
Sections:
17.62.010
Preliminary development plan.
17.62.020
Actions of the planning
commission.
17.62.030
Actions of the council.
17.62.040
Required findings.
17.62.050
Requirement for development
plan.
17.62.060
Final development plan.
17.62.070
Phasing.
17.62.080
Amendment of final
development plan.
17.62.090
Revocation of PD zoning.
17.62.010 Preliminary development plan.
Application for planned development shall
be made to the community development
department and shall consist of a preliminary
development plan, to include:
A. A legal description of the total site
involved:
B. A statement of the objectives to be
achieved by the planned development through
the particular approach to be used by the
applicant:
C. A schedule indicating the approximate
dates when construction of the development or
stages of the development are to be started and
completed:
D. A statement of the applicant's intentions
regarding future sale or lease of all or portions of
the planned development:
E. A quantified description of the total
number and type of dwelling units. parcel sizes.
coverage, modified and natural open space.
grading. residential densities, and areas devoted
to nonresidential uses:
F. Identification of portions of the develop-
ment which would otherwise require a variance.
and reason for the deviation from normal
standards:
G. A site plan and supporting maps. drawn
(San Luis Obispo 7.80) 484
to a suitable scale and clearly labeled. showing.
if applicable:
1. Existing site conditions, including con-
tours. vegetation and water courses:
2. Proposed lot designs:
3. Location and floor area of existing and
proposed buildings or outlines of areas within
which buildings may be located:
4. Location and size of all areas to be con -
veved or reserved as common open spaces or for
public or semipublic uses;
5. Existing and proposed circulation system
of arterial. collector. and local streets: off - street
parking, loading, and emergency access areas:
points of access to public rights -of -way; pro-
posed ownership of circulation routes:
6. Existing and proposed sidewalks and
paths:
7. Existing and proposed utility systems.
including sanitary sewer, storm drainage, water,
electricity, gas and telephone:
8. A general landscape plan:
9. A general grading plan:
H. Information on land area adjacent to the
proposed development, indicating important
relationships between the proposal and sur-
rounding land uses, circulation systems, public
facilities and natural features:
1. Anv additional information which may be
required by the director to evaluate the char-
acter and impact of the planned development.
(Ord. 941 § 1 (part), 1982: prior code §
9204.4(A))
17.62.020 actions of the planning
commission.
After giving notice as provided in Section
17.70.030. the planning commission shall hold a
public hearing on the application. The planning
commission may approve, approve subject to
certain modifications, or deny the application.
The decision of the planning commission shall
be in the form of a recommendation to the
council and shall be rendered in writing. stating
all modifications or conditions to be reflected in
•
the final development plan. (Ord. 941 § 1 (part).
1982: prior code § 9204.4(B))
17.62.030 Actions of the council.
After giving notice as provided in Section
17.70.030. the council shall hold a public hear-
ing on the application and the recommenda-
tions of the planning commission. The council
may approve. approve subject to certain modifi-
cations. or deny the proposal. The decision of
the council shall be rendered in writing, stating
all modifications or conditions to be reflected in
the final development plan. if it approves or
conditionally approves the preliminary devel-
opment plan. the council shall approve the
-- rezoning and the official zone map shall be
amended to indicate approval of the planned
development. (Ord. 941 § 1 (part), 1982: prior
code § 9204.4(C))
17.62.040 Required findings.
A. To approve a planned development, the
planning commission and council must find that
it meets one or more of the following criteria:
1. It provides facilities or amenities suited to a
particular occupancy group (such as the elderly
or families with children) which would not be
feasible under conventional zoning;
2. It transfers allowable development, within
a site, from areas of greater environmental sen-
sitivity or hazard to areas of less sensitivity or
hazard:
3. It provides more affordable housing than
would be possible with conventional develop-
ment;
4. Features of the particular design achieve
the intent of conventional standards (privacy,
usable open space, adequate parking, com-
patibility with neighborhood character, and so
on) as well as or better than the standards them-
selves;
5. It incorporates features which result in con-
sumption of less materials, energy or water than
conventional development.
B. In order to grant
a "density bonus" (as explained in
Section 17.50.030), the commsson
and council must find that the proposed develop-
ment satisfies at least three of the five criteria set
out in subsection A of this section. The applicant
shall provide a detailed statement indicating how
the development satisfies the appropriate criteria
set out in subsection A of this section. The max-
imum density bonus is not automatic. In deter-
mining the allowable bonus, the commission
and council shall assess the extent to which these
criteria are met.
C. To approve a planned development allow-
ing large professional office buildings which can
include multiple tenants but with no single ten-
ant space less than two thousand five hundred
square feet in the CS or M zone, the planning
commission or council must find that it meets
each of the criteria listed-below. The- following -
office - related uses are prohibited in the PD in
these zones: Banks, real estate offices, financial
institutions, medical clinics and doctors' offices
and lawyers' offices.
1. The project will be compatible with existing
and allowed land uses in the area.
2. The project's location or access arrange-
ment do not significantly direct traffic to use
local or collector streets in residential areas.
3. The project will provide adequate mitiga-
tion to address potential impacts related to noise.
light and glare and loss of privacy, among others.
imposed by commercial activities on nearby resi-
dential areas, by using methods such as setbacks.
landscaping, berming and fencing.
4. The project does not preclude industrial or
service commercial uses in areas especially suited
for such uses when compared with offices.
5. The project does not create a shortage of CS
and M zoned land available for service commer-
cial or industrial development. (Ord. 1087 § I Ex.
A(2),1987; Ord. 941 § 1 (part), 1982: prior code §
9204.4(D))
17.62.050 Requirement for development plan.
No land division may be undertaken and no
construction begun within an area zoned PD
ro sed project provides 6 Thep proposed ides ex—
until a final development plan has been
ceptional public benefits such as park-
in open space, landscaping, public_
art, and others cial amenities which
would not be feasible under conventional
development standards.
iSan Luis Obispo 7.67)
•
approved. (Ord. 941 § I (part). 1982: prior code §
9204.4(E))
17.62.060 Final development plan.
A. Within six months of approval or condi-
tional approval of the preliminary development
plan, the applicant shall file with the community
development department a final development
plan. At his discretion and for good cause, the
director may extend for six months the period for
filing.
B. The final development plan shall include
those items from Section 17.62.010 (Preliminary
development plan) which describe the proposal,
including division of land, type and location of
all buildings-and improvements, and.so on, but it
need not include information on existing condi-
tions.
C. The director shall review and take action
on the final development plan within thirty days
of filing. He shall approve it upon finding that it
is in substantial compliance with the preliminary
development plan as approved or modified by
the council. Upon approval of the final develop-
ment plan, the director shall add the number of
the planned development to the official zone
map (for example, PD (9999)). Subsequently, all
grading, construction and landscaping shall
comply with the approved final development
plan.
D. The final development plan may consist of
final subdivision maps. building construction
plans, grading plans, and so on, that would nor-
mally be submitted in the course of develop-
ment, and need not be a separate submittal. The
director shall determine the extent to which any
additional documentation of development plans
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 phases, 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
17.62.060 - 17.62.090
during any given stage. At no time during con-
struction of the project shall the density of devel-
oped land exceed the overall density established
in the final development plan. (Ord. 941 § I
(part), 1982: prior code § 9204.4(G))
17.62.080 Amendment of final development
plan.
A. Minor differences between the approved
development plan and construction plans may
be allowed by the director.
B. Written requests for amendments to a final
development plan may be approved by the plan-
ning commission after a public hearing, notice of
which has been given as provided in Section
_17.70.030. Amendments shall be limited to. .
changes in the size and position of buildings; the
number, area or configuration of lots; landscape
treatment: phasing, and the like.
C. Amendments may not include changes in
proposed use, overall density, or overall configu-
ration of the land uses and circulation features.
Changes to these aspects may be accomplished
only by reapplication and submittal of a new
preliminary development plan.
D. These procedures apply whether or not all
or part of the development has been built. (Ord.
941 § l (part). 1982: prior code § 9204.4(H))
17.62.090 Revocation of PD zoning.
If final development plan is not carried out in
the time specified in the development plan or
within an approved extension period. the plan-
ning commission and council may remove the
PD designation according to the usual procedure
for city- initiated rezoning. (Ord. 941 § l (part),
1982: prior code § 9204.4(l))
485 iSan Luis Obispo 747)
'lo
city of
a-san lug -s OBISPO C-C ZONE
Department of Community Development, 990 Palm Street
Post Office Box 321, San Luis Obispo, CA 93406 (805) 541.1000 JV0 6CALE
ORDINANCE NO. 1129
(19 89 Series)
FINALLY PASSED this 3rd day of January ,
198'9 'on motion 'of Councilwoman Rapps , seconded by
Councilwoman Pinard , and on the following roll call
vote:
AYES: Councilmembers Rappa, Pinard, Reiss; Settle and Mayor Dunin
NOES: None._
ABSENT.: None
}
yor Ron,Ddnin.
ATTEST:
Uut�
Cit . Clerk
0