HomeMy WebLinkAbout1459ORDINANCE NO. 1459 (2004 Series)
AN ORDINANCE AMENDING SAN LUIS OBISPO MUNICIPAL CODE
CHAPTER 17.88, EXEMPTING DOWNTOWN RESIDENTIAL
DEVELOPMENT AND AFFORDABLE MODERATE INCOME
HOUSING FROM THE RESIDENTIAL GROWTH MANAGEMENT
REGULATIONS
WHEREAS, on March 30, 2004, the City Council adopted an updated General Plan
Housing Element; and
WHEREAS, the Housing Element contains numerous policies and programs intended to
expand housing opportunities for all income groups in San Luis Obispo; and
WHEREAS, Housing Element Program 6.3.1 requires amendments to the Residential
Growth Management Ordinance to exempt new housing in the Downtown Core (C -D zone),
and new housing in any other zone that is enforceably- restricted to moderate income
households from Residential Growth Management.
WHEREAS, the proposed amendment will help achieve the City's housing objectives by
preserving Downtown housing and ensuring that new Downtown development projects will
not remove more dwellings than have been built in the Downtown Planning Area since
March 30, 2004.
WHEREAS, to implement said program, the City Council intends to amend the
Residential Growth Management Ordinance, San Luis Obispo Municipal Code Chapter
17.88.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Environmental Determination. The City Council hereby determines the
proposed ordinance amendment is policymaking and does not constitute a "project" as
defined under Section 21065 of the California Environmental Quality Act. Consequently, no
further environmental study is required.
SECTION 2. Findings. The City Council makes the following findings:
1. The proposed ordinance amendment is consistent with the General Plan.
2. The proposed ordinance amendment is necessary to implement'Program 6.3.1 of the
General Plan Housing Element.
3. The proposed ordinance amendment will help expand affordable housing opportunities in
the Downtown and for moderate - income persons by exempting this form of housing from
Residential Growth Management, thereby providing a strong incentive for housing which
meets a variety of housing needs and budgets.
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Ordinance No. 1459 (2004 series)
Page 2
SECTION 3. Ordinance Amendment. The City Council hereby amends San Luis Obispo
Municipal Code Chapter 17.88 as shown in Exhibit A.
SECTION 4. Publication. A summary of this ordinance, approved by the City Attorney,
together with the names of the City Council members voting for and against it, shall be
published at least five days prior to its final passage, in the Tribune, a newspaper published
and circulated in this City. This ordinance will go into effect at the expiration of thirty (30)
days after its final passage.
INTRODUCED on the 5th day of October 2004 AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 19th day of October 2004, on the following roll
call vote:
AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz
and Mayor Romero
NOES: None
ABSENT: None
Mayor David F. Romero
ATTEST:
Audrey He
City Clerk
APPROVED AS TO FORM:
Jo athan . Lowell
City Attorney
hereby certify that this document is a true
and accurate copy of Ordinance No. I'-45`1
and that the ordinance was published pursuant
to Charter Section 502.
Date City Clerk
Ordinance No. 1459 (2004 aeries)
Page 3
EXHIBIT A
Chapter 17.88
RESIDENTIAL GROWTH MANAGEMENT REGULATIONS
Sections:
17.88.010 Purpose and justification.
17.88.020 Allocations.
17.88.030 Adjustments to allocations requested by property owners.
17.88.040 Periodic City Council review and consideration of revisions.
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
Ordinance No. 1459 (2004 series)
Page 4
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 very -low, low, and moderate - income
households. (Ord. 1.359 § 3 (part), 1999)
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 and enforceably- restricted to residents with very -low, low or moderate
incomes, as defined in the City's general plan housing element, and new dwellings in the
Downtown Core (C -D zone as shown in the most official Zoning Map) shall be exempt from
these regulations. Enforceably- restricted shall mean dwellings that are subject to deed
restrictions, development agreements, or other legal mechanisms acceptable to the City to ensure
long -term affordability, consistent with City Affordable Housing Standards. In expansion areas,
the overall number of units built must conform to the City- approved phasing plan.
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. (Ord. 1359 § 3 (part), 1999)
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. (Ord. 1359 § 3 (part), 1999)
Ordinance No. 1459 (2004 aeries)
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 thirty 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
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. (Ord. 1359 § 3 (part), 1999)
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