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HomeMy WebLinkAbout0839ORDINANCE NO. 839 (1980 Series) AN ORDINANCE OF THE .CITY OF SAN LUIS OBISPO AMENDING ARTICLE II, CHAPTER 9 RELATIVE TO ASSURING THAT 'DEVELOPMENT PROPOSALS WITHIN THE CITY DO NOT OVERLOAD SERVICE SYSTEMS OR RESOURCES. SECTION 2900. PURPOSE This Chapter is intended to ensure that the City knows the capabili- ties of its basic services and resources and does not take action which will overload them. This Chapter deals with resources in the broadest sense. As it is used here, the term "resources" includes man -made systems and municipal services in addition to natural resources. To deal with different types of resources, this Chapter divides them into two groups according to their importance to the public's health, safety and general welfare. The City intends to avoid the financial and planning crises created when development exceeds the capacity of the City's resources. To that end this Chapter establishes procedures for reviewing the impact a proposed development plan or construction project will have on City resources. These procedures are designed to alert the City to resource problems. The City shall use this information to ensure adequate services and resources for the entire community as well as for new development, insofar as the City is capable of doing so. The City has responsibility to alleviate resource problems and provide the services necessary for new development when doing so makes good fiscal and planning sense. SECTION 2900.1 RESOURCES A. Types Listed below are the basic city resources covered by this ordinance. They are divided into the following two categories: 1. Level 1: Life and safety support systems. Deficiencies in these resources are termed Level 1 deficiencies. f 1 a. Water - supply, distribution, availability for fire fighting. b. Sewage - collection and treatment. C. Flood control'- storm drainaae 2:. Level 2: Safety and security services -and general resources. Deficiencies in these resources are termed Level 2 deficiencies. a. Fire protection. b. Police protection. C. Circulation -- pedestrians and vehicles. d. Social, cultural and educational. For example, youth centers, libraries and schools. e. Parks and open space. f. Land in each of the use categories established by the City's general plan. g. Air quality and airshed capacity. B. Resource Inventory. The City shall develop and maintain up -to -date information on the capabilities of its basic resources. C. Standards and policies. 1. The Council shall adopt, by resolution, standards and policies for determining the capacity and current status of City resources. These standards will be used by City departments to.- deter- mine whether a resource is overburdened, or would be overburdened if a development project were allowed. 2. The Council may amend these standards and policies whenever it considers it necessary. Before any such standard or policy may be adopted or amended, the Council must hold a public hearing on the proposal. A notice of the hearing must be published at least 10 days before the hearing. 3. The absence of any particular standard or policy shall not -2- in itself b e sufficient reason to deny a permit. SECTION 29.00.2 APPLICATION. A. Projects subject to review. 1. All development projects are subject to the review procedures described in the following.Sections• with the exemptions listed below. 2. The term "development project" or "project," includes these: a. Building permits. b. Use permits. C. Subdivision tract and - parcel maps. d. Planned developments. e. Rezonings. f. General and specific plans and amendments to them. g. Annexations. h. Agreements or other arrangements requiring the City to commit any of its resources to the use of any other entity. i. All other actions and entitlements for new development or construction that could lead to an increased burden on City resources. B. Exemptions. The following types of projects. are exempt from the review procedures described in the following Sections: 1. An alteration or addition to an existing dwelling that does not divide the dwelling into two or more units. 2. A remodeling, repair or addition to a structure that does not increase the structure's occupancy or change its use. 3. Construction of public works other than buildings. SECTION 2900.3 REVIEVa PROCEDURES A. General Requirements 1. As far as possible and reasonable, review and action on a resource problem will be simultaneous with the processing of entitlements -3- for the affected development project. However, if the project would create a Level 1 deficiency, no entitlement may be issued until the city considers the need for action on the deficiency adequate to protect the public's health, safety and general welfare and meet the intent of this ordinance. Unless findings to the contrary are made, a Level 2 deficiency may not be a reason for withholding or delaying approval of a project. 2. In the case of Level 2 problems, the authority which determines appropriate measures to mitigate the problem must also find that these measures adequately protect the public's health, safety and general welfare and-meet the intent of this law. This finding shall be made before a project may be approved, and shall be stated in the minutes or other record of the action. 3. When the Community Development Director, Planning Commission or City Council determines mitigation measures, the minutes of the action must state the specific measures decided upon and the reasons for them. The minutes must also reflect any action to proceed without mitigating measures together with the reasons for such action on any project where it.haspreviously been determined that a deficiency would be created. 4. Although the intent of this Chapter is to resolve resource problems during the normal processing of development projects, and to make every reasonable effort to expedite action, the Council may within time limits imposed, - by any applicable law, order as much.research and as many meetings as necessary to protect the public's health, safety and general welfare. 5. All hearings held on Level 1 resource problems must be advertised the same way as zoning ordinance amendments are advertised. Level 2 deficiencies shall be considered as part of the project review and need not be advertised apart from such advertising as may be required -4- for the specific entitlement being requested. B. Initial Review by City Staff. 1. The staff of the Community Development Department shall transmit all project applications to various City departments and shall review the application to determine the impact the project would have on City resources. 2. If the project can be accommodated according to the resource standards and policies set by the Council, the Director of Public Services shall file a written statement saying so. The Director may file this state- ment if the project can be accommodated either by existing resources or by resources that are planned to exist before the project is built or occupied. 3. If the project cannot be accommodated, the staff will prepare a report within 30 days of receipt..of a complete application detailing the problem and possible solutions. The report shall include a detailed graphic and written description of.the total area affected by the deficiency. 4. If information on file is inadequate to determine whether a project will overload a City resource, the City staff must immediately investigate the situation and report.. The report shall state the reasons for the lack of adequate information, give any new information learned from the investigation and be.completed.in time for review by the Community Development Director, Planning Commission, Council or.other reviewing body at the same time the project is reviewed. 5.� Staff reports on resource overloads will be reviewed as described in the following subsections. C. Administrative and ARC- approved Projects 1. When a City department or the Architectural Review Commission is to make the final decision on a project, the staff report on a resource problem will be submitted to the Community Development Director. The report will include recommendations for action. The Director then -5- must determine appropriate mitigation measures for both Level 1 and Level 2 deficiencies. In the case of Level 1 overloads, he must also decide whether the appropriate measures are adequate to allow the proposed project. This determination normally shall be made at the same time as the decision on the project except if the mitigation measure requires a capital budget commitment by the City it shall be referred to the Council for final action. 2. The Director shall forward to the City Council any issues of communitywide significance. Any decision by the Director may be appealed to the Council.. D. Projects Approved by the Planning Commission. 1. When the Planning Commission is to make the final decision on a project, the staff report on a resource problem will be submitted to the Planning Commission. The Commission must consider the deficiency at the same meeting.at.which it reviews the project. The Commission must determine appropriate mitigation measures for both Level 1 and Level 2 deficiencies. In the case of a Level 1 problem,.it must also determine whether the measures are adequate to allow the project. 2. The-Commission's decision is final unless appealed to the City Council except if the mitigating measure requires a capital budget commit- ment by the City it shall be referred to the Council for.final action. E. Projects Approved by.the City Council. 1. When the City Council-'is to make the final decision on a projec the staff report on a resource problem and - where applicable -.the Planning Commission's recommendations will be submitted to the Council. 2. At the same meeting during which it reviews the project, the Council must determine appropriate mitigation measures for-both Level 1 and Level 2 deficiencies. In the case of Level 1 deficiencies, it must also determine whether the measures are adequate to allow the project. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Cbispo at a meeting held on the 5th day of February , 1980, on motion of Councilman Jorgensen seconded by Councilman Bond , and on the following roll call vote: AYES: Councilmembers Jorgensen, Bond, Billig, Dunin and Mayor Cooper NOES: None ABSENT: None ATTEST: CITY J.H. FITZPATRICK Approved: City Adnt1n1kkYdLive Officer City Attorney A_19� zm_�_ Director of Community Vevelopment -7- ORDINANCE NO. 839 (19 80 Series) FINALLY PASSED this 19th day of February , 1980, on motion of Councilman Jorgensen seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Jorgensen, Dunin, Bond and Mayor Cooper NOES: None ABSENT: Councilwoman Billig ATTEST: Ci erk J.H. Fitzpatrick RESOLUTION NO. 4379 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING CRITERIA, STANDARDS AND POLICIES FOR DEPARTMENTAL USE IN MAKING THE FACILITIES DETERMINATIONS REQUIRED BY , ORDINANCE NO. 839 (1980 SERIES) AND RESCINDING RESOLUTION NO. 2685 (1974 SERIES) BE IT RESOLVED by the Council of the City'of San Luis Obispo as follows: This Council hereby approves and adopts the criteria, standards and policies for departmental use in making the facilities determinations required by Ordinance No. 839. A copy of said criteria, standards and policies dated November 18, 1974, is attached hereto marked Exhibit "1" and thereby incorporated herein. On motion of Councilman Dunin , seconded by Councilwoman Billig, and on the following roll call vote: AYES: Councilmembers Dunin and Billig and Mayor Cooper NOES: None ABSENT: Councilmembers Bond and Munger the foregoing Resolution was introduced this 20th day of January, 1981. s /LYNN R. COOPER Mayor Lynn R. Cooper ATTEST: 71 WA FITZPATRICK City Clerk J.H. Fitzpatrick R 4379 EXHIBIT "1" November 18, 1974 CRITERIA, STANDARDS AND POLICIES FOR ORDINANCE NO. 839 (1980 SERIES) WATER SUPPLY Precautionary Action Point When consumption for all customers served by the City water utility within a previous twelve .(12) month period of time totals 6500 acre feet of.water from all supply sources, the City's Utilities Engineer shall schedule a public hearing in accordance with Level 1 reporting procedures. Critical Point When consumption for all customers served by the City water utility within a previous twelve (12) month period of time totals 7650 acre feet of water from all supply sources, the City's Utilities Engineer shall schedule a public hearing'in accordance with Level 1 reporting procedures. Note: The City water utility, is presently supplying about 5900 acre-feet of water per year. It is anticipated that we will be using 6500 acre feet of water per year by 1979. The City has an entitlement from the State of 7650 acre feet of water from all sources. This gives the City the minimum ^ and necessary ten (10) year time frame in which to seek a greater entitlement and develop alternate supply resources. WATER DISTRIBUTION Precautionary Action Point If water pressures in any pressure zone or area of the City are found to be outside the 40 to 100 psi range, the City's Utilities Engineer shall determine whether or not a public hearing shall be held in accordance with Level 1 reporting procedures. Critical Point - If water pressures in any pressure zone or area of the City are found to be inadequate according to State standards, the City's Utilities Engineer shall determine whether or not a public hearing shall be held in accordance with Level 1 reporting procedures. Note: Domestic water requirements within the distribution system are in most cases less than fire flow requirements. Recommended standards for water dis- tribution systems include the combined domestic and fire requirements. The greater portion of the water required would normally be attributed to fire protection requirements. State standards for water pressure provide for a greater range of pressures than the precautionary action point range and pressures at the extreme ends of the State range are critical, especially where lines have deteriorated. It is recommended that the City's Utilities Engineer be given the option whether or not to schedule public hearings because it may be possible that problems are very temporary or that they can be resolved by making mechanical adjustments in the system. 1 WATER TREATMENT Precautionary Action Point If treated water volumes exceed eight million gallons per day (SMGD) at treatment plant No. 2 for one consecutive three -day period or if the total quantity of stored water drops to twelve million gallons (12 MG) the City's Utilities Engineer shall schedule public hearings in accordance with Level 1 reporting procedures. Critical Point If treated water volumes exceed eight million gallons per day (SMGD) at treat- ment plant No. 2 for two consecutive three (3) day periods within the same calendar year or if the total quantity of stores water drops to eight million gallons (8 MG), the City's Utilities Engineer shall schedule public hearings in accordance with Level 1 reporting procedures. FIRE SUPPRESSION Precautionary Action Point Fire suppression facilities shall have reached the precautionary action point when: (1) the difference between available water supply and fire flow requirements at the project site is less than twenty -five percent (25 %) of the required fire flow; or, (2) it becomes apparent that further development within a pressure zone may reduce available fire flows to the extent that portions or all of the zone will not meet fire protection standards. A study will be made to determine what the available fire flow is and whether or not further construction can be allowed in that zone. If it is found that all or portions of a pressure zone do not meet the standards stated above, or these standards are exceeded, the City's Utilities Engineer shall schedule a public hearing in accordance with Level 1 reporting procedures. When response time to a proposed project exceeds the current four minute response time standard, an additional amount of response time may be acceptable if fire protection features are incorporated into a project so as to effec- tively meet the four - minute response time standard. When response time to a proposed project exceeds the current four minute response time standard, and there is no acceptable method by which offsetting fire protection features can be incorporated into the project so as to effectively meet the four-. minute response time standard, the City's Fire Chief shall schedule a public hearing in accordance with Level 2 reporting procedures. Critical Point Fire suppression facilities shall have reached a critical point when: (1) The difference between available water supply and fire flow requirements at the project site is more than twenty -five percent (25 %) of the required fire flow, or (2) it becomes apparent from studies that have been made of a pressure zone that there is an inadequate amount of water available to meet fire flow requirements in all or portions of the.zone, the City's Utilities Engineer shall schedule a public hearing in accordance with Level 1 reporting procedures. 2 SEWER COLLECTION Precautionary Action Point When sewer mains reach ninety percent (90 %) of design or actual capacity and there is undeveloped land.within the contributing area which if developed.in accordance with the latest adopted General Plan would generate enough sewerage to overload the line, the Cities Utilities Engineer shall schedule public hearings in accordance with Level 1 reporting procedures. Critical Point When sewer mains flow full without surcharge this shall be considered maximum ,and critical capacity. Certain exceptions to this may be made if a trans- mission or trunk line has no lateral connected to it. A surcharge or pressure condition may be allowed if there is no possibility of interrupted service to customers or property damage. If a surcharge or pressure condition becomes critical, the City's Utilities Engineer shall schedule a public hearing in accordance with Level 1 reporting procedures. SEWER TREATMENT Precautionary Action Point The City sewer treatment plant shall be considered as having reached the precautionary action point when average daily flows reach four and one -half million gallons per day (4.5 MGD). The City's Utilities Engineer shall schedule public hearings in accordance with Level 1 reporting procedures. The sewer treatment plant shall be considered to be operating at full capacity when the average daily flows exceed five million gallons per day.(SMGD) or when the City no longer meets effluent discharge quality requirements as estab- lished by the State Water Quality Control Board. The City's Utilities Engineer shall schedule a public hearing in accordance with Level 1 reporting procedures. Note: The precautionary action point volume of four and one -half million gallons per day (4.5 MGD) provides for a minimum five (5) year time period in which to fund, design and construct additional treatment facilities. SEWER LIFT STATIONS Precautionary Action Point A sewer lift station is at the precautionary action point when flows through { the station require the operation of one pump at ninety percent (90 %) capacity full time.. The City's Utilities Engineer shall schedule.a public hearing in accordance with Level 1 reporting procedures. Critical Point A sewer lift station is at full capacity-when the station is handling flows'' requiring the operation of one pump at one hundred percent (100 %) capacity full time. The City's Utilities Engineer shall schedule a public hearing in accordance with Level 1 reporting procedures. 3 FLOOD CONTROL No recommended standard. Note: Policies,,standards and criteria for flood control will be developed following completion and adoption of the Zone 9 study that is now in progress. POLICE SERVICE Precautionary Action Point The precautionary action point will be reached when the City's population totals 41,000 people or the incorporated area of the City totals eleven (11) square miles. The City's Police Chief shall schedule a public hearing in accordance with Level 2 reporting procedures. Critical Point The critical point will be reached when the City's population totals 42,800 people or the incorporated area of the City totals twelve (12) square miles. The City's Police Chief shall schedule a public hearing in accordance with Level 2 reporting procedures. PEDESTRIAN CIRCULATION No recommended standard. VEHICULAR CIRCULATION The standards noted below are applicable to the City's local street system to the nearest point of safe access onto an arterial roadway. State highways and arterial streets are exempted from this standard. The exempted streets include those shown as major streets on the latest adopted Street and Highway Plan Map of the City of San Luis Obispo as amended through January, 1971 by City Planning Commission Resolution No. 2140. Any future project generating less than one hundred average daily trips (100 ADT) will be exempt from Ordinance 839 procedures. Precautionary Action Point City streets shall be at the precautionary action point when traffic in the thirtieth greatest peak hour in any calendar year exceeds ninety percent (90 %) of the theoretical capacity as determined in the charts and factors from the Institute of Traffic and Transportation Engineers manual "Fundamentals of y Traffic Engineering." The City Engineer shall schedule public hearings in accordance with Level 2 reporting procedures. Critical Point City streets shall be at the critical point when traffic in the thirtieth greatest peak hour in any calendar year exceeds one hundred percent.(100 %) of the theoretical capacity as determined in the charts and factors from the Institute of Traffic and Transportation Engineers manual "Fundamentals of Traffic Engineering." The City Engineer shall schedule public hearings in accordance with Level 2 reporting procedures. - 4 Note: It is recommended that an annual reporting system be established for arterial streets and highways. This report would delineate areas in which traffic volumes are approaching capacity for both City and State administered facilities. SOCIAL FACILITIES No recommended standard. LIBRARY FACILITIES No recommended standard. SCHOOLS No recommended standard. Note: Dr. John Perko with the San Luis Coastal Unified School District advises us that the school district will provide public education facilities regardless of where and at what rate the City of San Luis Obispo develops. PARKS & OPEN SPACE Precautionary Action Point The precautionary action point is when a proposed project is within a half mile radius of an existing or proposed recreation facility, either City, School, or joint facility, but the facility is not accessible, fully developed, or capable of providing a.full scope of neighborhood recreation opportunity for the physical, mental and social welfare of City residents. An exemption from this statement is the "old town" area shown in blue on Exhibit "A" dated November 12, 1974. The Director of Parks and Recreation shall schedule public hearings in accordance with Level 2 reporting procedures. Critical Point The critical point is when a proposed project is not within a half mile radius of an acceptable recreation facility, either City, School, or joint facility. An exemption from this statement is the "old town" area shown in blue on Exhibit "A" dated November 12, 1974. The Director of Parks and Recreation shall schedule public hearings in accordance with Level 2 reporting procedure. LAND BY USE CATEGORY " - Precautionary Action Point Whenever a development proposal exceeds.the General Plan designated average density but is consistent with existing zoning, the Director of Planning shall schedule hearings in accordance with Level 2 reporting procedures, identifying the inconsistently zoned area and estimating the cumulative affect of the f proposed density versus the General Plan-recommended density. Critical Point Whenever a proposed development differs in land use type or, by its individual contribution to neighborhood density exceeds the average density as designated 5 r• on the General Plan for the subject area, the Director of Planning shall schedule hearings'in accordance with Level 2 reporting procedures. In addition to precautionary considerations, the Director shall suggest appropriate remedial or mitigation measures to resolve such inconsistencies. Z