HomeMy WebLinkAbout1461ORDINANCE NO. 1461 (2004 Series)
AN ORDINANCE AMENDING SAN LUIS OBISPO MUNICIPAL CODE
CHAPTER 2.48 EXEMPTING SMALL RESIDENTIAL
DEVELOPMENT PROJECTS FROM ARCHITECTURAL REVIEW
COMMISSION REVIEW
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 2.3.1 requires amendments to the Inclusionary
Housing Requirement to modify the formula under which new residential subdivisions and
residential development projects meet the inclusionary requirement, as shown in Tables 2
and 2A of the Requirement; and
WHEREAS, amendments are also necessary to clarify the calculation of in -lieu fees
Table 2A and for custom lot residential subdivisions, to explain how the Table 2A
adjustment factor is applied, and to clarify how the inclusionary housing requirement applies
to mixed -use development.
WHEREAS, to implement said program, the City Council intends to amend the
Inclusionary Housing Requirement Ordinance, San Luis Obispo Municipal Code Chapter
17.91.
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 2.3.1 of the
General Plan Housing Element.
3. The proposed ordinance amendment will help expand affordable housing opportunities
for low- and moderate - income persons by providing incentives for the construction of
housing that is "affordable by design ", and by clarifying inclusionary housing
requirements.
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Ordinance No. 1461 (2004 ,3eries)
Page 2
SECTION 3. Ordinance Amendment. The City Council hereby amends San Luis Obispo
Municipal Code Chapter 17.91 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
'x
Mayor David F. Romero
ATTEST:
u'14Le 0 1. ' j Audrey Hooper
City Clerk
APPROVED AS TO FORM:
Jonat Lowell
City Attorney
I hereby certify that this document is a rue
and accurate copy of Ordinance No. I._ U I_
and that the ordinance was published pursuant
to Charter Section 602.
Date City Clerk
Ordinance No. 1461 (2004 oeries)
Page 3
EXHIBIT A
2.48.50 Projects subject to architectural review.
A. Architectural review shall be required for all structures and physical improvements except
individual built single - family dwellings and small residential development projects. The
exception for the individual single - family dwellings shall not apply: (1) when architectural
review is required as a condition of a subdivision, use permit or other discretionary
entitlement; (2) when a developer proposes to construct three or more units, and these units
do not constitute a "small residential development projects" as defined herein; (3) when the
Director determines the site is sensitive as set forth in the procedures document; "sensitive
sites" shall include, but are not limited to, open space zoning areas designated by resolution
of the Planning Commission, Architectural Review Commission or City Council; (4) where
the scale or character of the proposed dwelling contrasts significantly with adjacent or
neighboring structures; and (5) where any required parking space that is covered is converted
to another use and replacement parking is proposed. "Small residential development
projects" are projects consisting of the construction, rehabilitation or remodel of less than
five dwellings, where the gross floor area of individual dwellings does not exceed 1200
square feet. The Director may require minor or incidental architectural review where
necessary to meet the intent of the City's design guidelines.
B. Architectural review shall be required for all projects, including individual -built single
family dwellings and small residential development projects, located in or along any creek or
waterway as defined by the City's floodplain management policy. Approval shall be granted
if ..,finding can be made that a project complies with the uniform storm design criteria for
waterways, all other applicable policies and standards for floodplain management, and
otherwise satisfies relevant architectural criteria. Projects involving any building or bridge
proposed to be constructed in or over any portion of any of the four major creeks or
waterways, as defined by said policy, or any major creek modification project shall be
referred to the City Council for review and specific directional guidance prior to any
architectural review.
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