HomeMy WebLinkAbout1460ORDINANCE NO. 1460 (2004 Series)
AN ORDINANCE AMENDING SAN LUIS OBISPO MUNICIPAL CODE
CHAPTER 17.86 TO ESTABLISH A DOWNTOWN HOUSING
CONSERVATION PROGRAM
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 3.3.5 establishes a "no net loss" housing
conservation program to ensure that within the Downtown Core and surrounding Downtown
Planning Area, the number of dwellings removed shall not exceed the number of dwellings
added; and
WHEREAS, to implement said program, the City Council intends to amend the
Downtown Housing Conversion Permit Ordinance, San Luis Obispo Municipal Code
Chapter 17.86.
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 3.3.5 of the
General Plan Housing Element.
3. The proposed ordinance amendment will help conserve housing by ensuring that there is
no net loss of housing in the Downtown Core and Downtown Planning Area.
SECTION 3. Ordinance Amendment. The City Council hereby amends San Luis Obispo
Municipal Code Chapter 17.86 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.
.4 110 I
Ordinance No. 1460 (2004 aeries)
Page 2
INTRODUCED on the 5th day of October 2004 AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 19`h 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:
G
Audrey
City Cl(
APPROVED AS TO FORM:
Jo n P. Lowell
City Attorney
hereby certify that this document is a trQe
and accurate copy of Ordinance No. 1L-[ p0
and that the ordinance was published pursuant
to Charter Section 602.
Y
Date Ci,y Clerk
Ordinance No. 1460 (2004 series)
Page 3
EXHIBIT A
Chapter 17.86
DOWNTOWN HOUSING CONSERVATION REGULATIONS
Sections:
17.86.010
Purpose and intent.
17.86.020
Area of application.
17.86.030
Definitions.
17.86.040
Land uses affected.
17.86.050
No net housing loss
17.86.060
Exceptions.
17.86.070
Findings required.
17.86.080
Conditions of approval.
17.86.090
Public hearing - Notification.
17.86.091
Interpretation and Conditions.
17.86.092
Severability.
17.86.010 Purpose and intent.
It is the desire and intent of the City to preserve housing in the central business district and
surrounding Downtown Planning Area. It is also the intent of the City to preserve housing that is
affordable to very -low, low- and moderate - income households and to encourage mixed
residential and commercial uses, where appropriate, to implement General Plan goals. The
provisions of this chapter are intended to achieve these goals by regulating the conversion of
downtown housing to nonresidential uses. (Prior code § 9900)
17.86.020 Area of application.
Provisions of this chapter shall apply to the downtown planning area shown in Figure 1.
17.86.030 Definitions. Where not defined herein, terms shall be as defined in the Zoning
Regulations, Title 17 of the Municipal Code.
A. Downtown Core. That central downtown area of the City zoned "C -D" (Downtown
Commercial) in the most recently adopted Zoning Map.
B. Conversion. A change in the primary use of at least 51 percent of the floor area of a legally
permitted dwelling or building from residential to non - residential use, or physical change in
design of 51 percent of an individual dwelling's or building's floor area to accommodate non-
residential uses.
Ordinance No. 1460 (2004 series)
Page 4
C. Development Project. Any public or private action for which a City construction permit or
planning approval is required, including architectural review, use permit, variance, subdivision
or other approval.
D. Downtown Planning Area. The central part of the City, generally bounded by Highway
101, the railroad, and High Street, including the commercial core and surrounding
neighborhoods, as shown in Figure 1.
E. Net Housing Loss. Where the number of residential units removed through demolition,
remodeling or conversion to non - residential uses exceeds the number of dwellings added through
new construction, additions, remodeling, or relocation within the Downtown Core, or in the area
outside the Downtown Core but within the Downtown Planning area. The cumulative number of
dwellings added and residential units removed based on City final building inspections, within
each of the above areas, shall be determined separately, and shall be based on the number of
dwellings existing on March 30, 2004, as determined by the Director.
F. Replacement Unit. A dwelling which is built, moved or remodeled to replace a residential
unit lost through demolition or remodeling or conversion to non - residential use.
G. Residential Use. A land use which includes "dwellings," "boarding/rooming house,"
"dormitory," "residential care facilities," "caretakers' quarters," "hotel /motel," "hostel," "bed
and breakfast inn," .. fratemity(or sorority) house," or "live -work unit," as defined by the Zoning
Regulations and listed in Table 9, Chapter 17.22 of the Municipal Code.
H. Residential Unit. A structure which is on a permanent foundation, with provisions for
sleeping and sanitation, and which is permanently connected to utilities. A residential unit may
or may not contain provisions for cooking, and may be single, detached or in a multiple unit,
attached configuration.
I. Subarea. The geographic are corresponding to either the Downtown Core, or the area outside
the Downtown Core but within the Downtown Planning Area, as shown in Figure 1.
17.86.040 Land uses affected.
Provisions of this chapter shall apply to properties that contain one or more dwelling units and
to all group housing, including "boarding or rooming houses" or "dormitories," "residential care
facilities" or "caretakers' quarters ", "hotels and motels" or "hostel" or "bed and breakfast inn ",
"fraternity(or sorority) house" which have one or more individual rooms for rent, and to "live -
work units ", as defined by the Zoning Regulations and listed in Table 9, Chapter 17.22 of the
Municipal Code.
17.86.050 No net housing loss.
Development projects within the downtown planning area shall not result in a net housing loss.
If the Director determines that a development project would result in a net housing loss, the
developer shall replace residential units to be removed, whether the units to be removed are
Ordinance No. 1460 (2004 aeries)
Page 5
occupied or not. Residential units shall be replaced on a one — for - one basis, and shall be built
concurrently with the development project. Replacement units may be of any size, type, or
tenure, consistent with Zoning Regulations and as approved by the Architectural Review
Commission or the Director. Replacement units shall be located within the same subarea as the
units removed, but need not be located on the same site as previously existed. Development
projects shall meet the following standards, to the approval of the Director:
A. Vacation of Unit. Each tenant shall have the right to remain not less than sixty days from
the date of City approval of a development project exception. The Director or Council may grant
an extension to this right to remain for a period of time not to exceed an additional thirty days.
B. No Increase in Rent. A tenant's rent shall not be increased during the period provided in
subsection A of this section.
C. Affordability of Units. The development project shall include dwelling units affordable to
low and moderate income persons, at rents or sales prices that meet the City's Affordable
Housing Standards. The number of dwellings to be rented or sold at affordable levels shall equal
the maximum number of affordable dwellings that existed within the 24 -month period
immediately prior to the application for the conversion permit, but in no case less than that
required under the Inclusionary Housing Affordable Housing Requirement in the General Plan
Housing Element.
D. Tenant Relocation Assistance. For very -low, low -, or moderate - income residents displaced
by the development project, the developer shall provide relocation assistance, to the approval of
the Director. Such assistance may include, but is not limited to: giving tenants the first right of
refusal to purchase or rent affordable replacement units, reimbursement of moving costs, and/or
providing rental
17.86.060 Exceptions.
The City Council may grant exceptions to the provisions of this chapter, subject to the findings
listed in 17.86.070. In granting an exception, the City Council may establish conditions to
ensure the intent of general plan policies is met, as described in 17.86.080. The application
requirements and procedures shall be as required for a planning commission use permit as
provided in SLOW Ch. 17.58.
17.86.070 Findings required.
To grant an exception, the City Council must make each of the following findings:
Findings:
A. Approval of an exception is consistent with the San Luis Obispo general plan and
specifically, with Housing Element policies regarding no net housing loss, affordable
housing, and mixed uses in the Downtown Planning Area.
Ordinance No. 1460 (2004 6eries)
Page 6
B. Granting the exception will not adversely affect affordable housing opportunities for
very -low, low, or moderate income persons, either individually or cumulatively.
C. The proposed project will not result in a significant loss of housing when compared with
the total number of existing dwellings in the Downtown Core or Downtown Planning
Area outside the Core.
D. Granting the exception will further the achievement of other community goals, such as
removing substandard or dangerous housing, improving physical accessibility,
rehabilitating a historic structure, or Downtown beautification.
E. It is physically infeasible to rehabilitate or relocate the housing to be removed or
converted.
F. No public purpose would be served by the strict enforcement of the no net loss policy due
to mitigating factors (include specific mitigating factors).
17.86.080 Conditions of approval.
The City Council may establish conditions of approval which provide for the general health,
safety and welfare of residents displaced by the proposed development, and to achieve the intent
of General Plan housing conservation policies and mitigate the loss of housing
17.86.090 Public hearing - Notification.
Prior to acting on an exception request, the City Council shall hold a public hearing, and notice
of the time, date, place and purpose of the hearing shall be given to the residents of the proposed
conversion and to owners and residents within 300 feet of the affected property. Said property
shall be posted, and an advertisement shall be published in a newspaper of general circulation, at
least ten days before the public hearing. (Prior code § 9904)
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