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HomeMy WebLinkAbout1359ORDINANCE NO. 1359 (1999 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO REPLACING CHAPTER 17.88 OF THE MUNICIPAL CODE, RESIDENTIAL GROWTH MANAGEMENT REGULATIONS (GPI 126 -98) WHEREAS, the Planning Commission conducted a public hearing on September 8, 1999, and recommended approval of amendments to the City's Residential Growth Management Regulations; and WHEREAS, the City Council conducted a public hearing on October 5, 1999, and has considered testimony of interested parties, the records of the Planning Commission hearing and action, and the evaluation and recommendation of staff, and WHEREAS, the City Council finds that the proposed regulations are consistent with the General Plan and other applicable City ordinances; BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council finds and determines that: A. The potential environmental impacts of the proposed regulations have been adequately addressed by the Environmental Impact Report for the Land Use Element & Circulation Element Updates which the Council certified August 23, 1994, and by the Negative Declaration for the Housing Element revision which the Council approved September 20, 1994. B. Implementation of the Land Use Element and Housing Element policies through the proposed regulations will have no adverse impacts and does not require environmental mitigation. C. This determination reflects the independent judgment of the City Council. SECTION 2. Chapter 17.88 of the Municipal Code, Residential Growth Management Regulations, is hereby repealed. SECTION 3. New provisions to be codified as Chapter 17.88 of the Municipal Code, Residential Growth Management Regulations, fully set forth in the attached Exhibit A, are hereby adopted. SECTION 4. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in the Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. 01359 Ordinance 1359 (1999 Series) Page 2 INTRODUCED on the 5`' day of October 1999 AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 19"' day of October 1999, on a motion of Council Member Schwartz seconded by Vice Mayor Romero, and on the following roll call vote: AYES: Council Members Marx, Schwartz, Vice Mayor Romero and Mayor Settle NOES: None ABSENT: Council Member Ewan Mayor Allen K. Settle APPROVED AS TO FORM: j, �j' • ff - - Ordinance 1359 (1999 Series) Page 3 Ordinance No. 1359 Exhibit A Replace Municipal Code Chapter 17.88, Growth Management Regulations, with the following: 17.88.010 Purpose and justification. A. The regulations codified in this chapter are intended to assure that the rate of population growth will not exceed the City's ability to assimilate new residents and to provide municipal services, consistent with the maximum growth rates established in the General Plan. Also, these regulations are to assure that those projects which best meet the City's objectives for affordable housing, infill development, open space protection, and provision of public facilities will be allowed to proceed with minimum delay. B. San Luis Obispo is a charter city, empowered to make and enforce all laws concerning municipal affairs, subject only to the limitations of the City Charter and the Constitution and laws of the State. Regulation of the rate of residential development is a reasonable extension of municipal authority to plan overall development, in furtherance of the public health, safety and general welfare. C. According to the General Plan Land Use Element, the City should achieve a maximum annual average population growth rate of one percent. The reserve of developable land within the city and the capacity of proposed annexations could sustain growth rates which would exceed the objectives of the General Plan. D. General Plan policies and the annexation -area Phasing Schedule required by these regulations reduce the likelihood that any property within the city might be deprived of reasonable development entitlements through the operation of these regulations. E. The growth rate policies of the General Plan reflect the City's responsibility to accommodate a reasonable share of expected state and regional growth. F. To avoid further imbalance between the availability of jobs and of housing within the city, the General Plan also manages expansion of growth- inducing activities. The burdens of growth management are not being placed solely on the residential sector, since it largely responds to demands caused by other sectors. 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 Ordinance 1359 (1999 Series) Page 4 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- income households. 17.88.020 Allocations. A. The City Council shall, by resolution, adopt a Phasing Schedule that allocates potential residential construction among annexation areas, consistent with the General Plan and with these regulations. B. The limitations on residential development established by these regulations apply to new residential construction within certain areas that have been annexed to the City or that will be annexed to the City. Development in such areas is subject to development plans or specific plans, which shall contain provisions consistent with these regulations and with the Phasing Schedule. C. For locations which the Phasing Schedule shows as "allowed," allocations shall be implemented by the timing of issuance of building permits. D. These regulations shall not limit the issuance of building permits for locations which the Phasing Schedule shows as having an "assumed" rate of construction. E. Dwellings affordable to residents with very -low or low incomes, as defined in the City's General Plan Housing Element, shall be exempt from these regulations. F. It shall not be necessary to have dwellings allocated for a particular time interval or location to process and approve applications for General Plan amendment, zone change or other zoning approval, subdivision, or architectural review. 17.88.030 Adjustments to Allocations Requested by Property Owners. Upon verified written request by each owner for whom the timing of property development would be affected by a proposed change (either hastened or delayed), the Community Development Director may adjust the allocation of dwellings among expansion areas shown in the Phasing Schedule, so long as the total number of dwellings for all expansion areas within an interval does not change. The Director shall approve such requests upon determining that there would be no substantial difference in provision of affordable housing, necessary public facilities, or open space protection as a result of the adjustment. Ordinance 1359 (1999 Series) Page 5 17.88.040 Periodic City Council Review and Consideration of Revisions. A. The Community Development Department shall provide status updates to the City Council concerning implementation of these regulations, coordinated with the Annual Report on the General Plan. The status update will describe actual construction levels and any adjustments to allocations that have been approved by the Director, and may include recommendations for revisions. B. Following consideration of the annual report, or at such other times as it deems appropriate, the City Council may revise the Phasing Schedule. Such revisions shall be consistent with the General Plan. City Council approval shall be required to do any of the following: 1) Change the total number of dwellings that may be permitted within an interval; 2) Change the number of dwellings assumed for demolition or infill development or small annexations, or allocated in total to expansion areas; 3) Reduce the number of dwellings previously allocated to a certain expansion area, when there is not verified written approval by each affected owner; 4) Shift the years covered by intervals. C. Before approving a revision, the City Council must conduct a public hearing. Notice of the hearing shall be provided at least ten but not more than 30 days prior to the hearing, by publication in a newspaper of general circulation in the city and by first -class mail to each owner of property potentially affected by a delay in building permit issuance as compared with the schedule in effect at that time. Owner information may be obtained from the County property assessment role, or from other sources which the Community Development Director determines will provide complete and current information. Failure of an owner or owners to receive notice shall not invalidate any duly adopted revision. D. For in -city development and for minor annexations, the annual report shall compare the actual number of permitted dwellings with the assumed rate of permit issuance. When the previously assumed number of in -city and small - annexation permitted dwellings exceeds those actually permitted, and expected to be permitted based on current trends and project processing, the City Council shall consider revising the Phasing Schedule to make the difference available to the current phases of large annexations. E. If an annexation area does not fully use its allocation within the previously indicated interval, the City Council shall consider assigning the unused potential to that same area in future intervals. It is the intent of this part to encourage completion of neighborhoods that have been C Q� z Ordinance 1359 (1999 Series) Page 6 started, provided that doing so does not cause the allowed citywide growth rate to be exceeded and further provided that the allocations previously assigned to other annexation areas will not be reduced without the approval of the affected landowners.