HomeMy WebLinkAbout0940ORDINANCE NO. 940 (1982 SERIES)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO REPEALING
ORDINANCE 884 (1981 SERIES - INTERIM GROWTH MANAGEMENT
REGULATIONS) AND ADOPTING LIMITATIONS ON THE NUMBER
OF DWELLINGS WHICH MAY BE CONTRRUCTED TOGETHER WITH
A RATING SCHEME FOR ALLOCATING RESIDENTIAL BUILDING
PERMITS.
WHEREAS, the adopted general plan Land Use Element has established
policies concerning desirable rates of population growth for the City of San
Luis Obispo; and
WHEREAS, as required by California Government Code Section 65863.6,
the Purpose and Justification section of the attached regulations contains
the City Council's findings concerning promotion of the public health, safety,
and welfare, and expansion of the housing opportunities of'the region, parti-
cularly for low -:and moderate- income households; and
WHEREAS, these regulations have been evaluated in accordance with
the California Environmental Quality Act and the City's Environmental Impact
Procedures and Guidelines and a negative declaration has been approved by the
Community Development Department;
BE IT ORDAINED by the Council of the City of San Luis Obispo as
i
follows:
SECTION 1. Ordinance No. 884 (1981 Series) is hereby repealed.
SECTION 2. After review and consideration, the determination of the
Community Development Director to grant the project a negative declaration
is hereby affirmed.
SECTION 3. The Residential Growth Management regulations, fully
contained in the attached Exhibit A, are adopted.
SECTION 4. A summary of these regulations shall be published at least
three (3) days prior to their final passage in the Telegram- Tribune, a newspaper
publushed and circulated in this city. The regulations shall take effect
thirty (30) days after their final passage.
0 940
Ordinance No.940 982 Series)
Page 2`
INTRODUCED by the Council of the City of San Luis Obispo at its
meeting of November 16 1982, on motion of Councilman
Settle , seconded by Councilman Griffin and on the
following roll call vote:
AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig
NOES: None
APPROVED:
calj'e Q 5
City Administrative Offic r
City Attorne
i� .'
Community Development Director
4' EWIBIT. A
RESIDENTIAL GROWTH MANAGEMENT REGULATIONS
Section
page
9901 Purpose &., Justification . . . . . . . . . .
. . 1
9902 Permit Allocation Procedure
9902.1 Annual and Monthly Limits . . . . . . . . .
. . 3
9902.2 Minor Exceptions to Monthly Limitations . . .
. . . 4
9902.3 Projects with Equal Scores . . . . . . . . . .
. . 4
9902.4 Group Quarters . . . . . . . . . . . . . . .
. . 4
9902.5 Exempt Projects . . . . . . . . . . . . . . .
. . 5
9902.6 Status of Construction Projects Not Pursued . .
. 5
9902.7 Projects with Changed Characteristics . . . .
5
9903 Scoring Standards . . . . . . . . . . . . . . . .
. 6
9904 Time Limit for Council Action . . . . . . . . . .
. 9
9905 Definitions and Interpretation . . . . . . . .
9
9906 Administration and Enforcememt . . . . . . . . .
. 10
City of San Luis Obispo March 1982 Community Development Dept.
ARTICLE IX - PLANNING & ZL__40AG
Chapter 9 - Residential Growth Management Regulations
SECTION 9901: PURPOSE & JUSTIFICATION
These regulations 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.
Regulation of the rate of growth is also intended to help provide the time needed
to assess and overcome the resource. limits which the city faces, and to assure that
if development must be limited by resource availability, those projects which best
meet the city's objectives for affordable housing, wise use of land and energy, and
provision of public facilities will be allowed to proceed with minimum delay.
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 of California. 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.
According to the general plan Land Use Element, the city should achieve a gradually
reduced rate of population growth, with a mximum annual average of two percent
considered appropriate during the 1980's and one percent after 1990. The rate of
residential development has declined as projected during the mid 1970's. While this
decline has occurred without municipal restrictions, the reserve of developable
land within the city and the capacity of residential subdivisions, planned developments,
apartment projects, and specific plans approved by the city could sustain growth rates
which would exceed the objectives of the Land Use Element.
The Land Use Element also condi.t.ions the annexation of large areas on the availability
of adequate resources and the preparation of specific plans. These policies, together
with adopted specific plan phasing provisions, reduce the likelihood that any property
within the city might be deprived of reasonable development entitlements through the
operation of these regulations.
The city's general plan Housing Element, recognizing the number of households as
a meaningful measure of community capacity and growth, calls for a steady rate of
construction.averaging about 300 dwellings per year during the 1980's, corresponding
to a two - percent growth rate and the limitations of these regulations. This level of
- Page 1
housing construction has been determined to provide adequate expansion of the
housing stock to accommodate both households formed from the local population and
a reasonable share of those households expected to migrate to this area. The
growth -rate policies of the Land Use Element and Housing Element reflect the city's
responsibility to accommodate a reasonable share of expected state and regional
growth.
In order to avoid further imbalances between the availability of jobs and of
housing within the city, the Land Use Element and the Housing Element discourage
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.
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 expected to affect the overall balance between housing supply and.demand
fn the market area. These regulations will not impede and may help meet the needs
of low- and moderate - wealth households.
While there is apparently unlimited long -term demand for housinq due to migration,
the resources to sustain population growth are limited. By managing its growth, the
city intends to provide adequate time to decide on possible measures to overcome
resource limits without acting in a crisis atmosphere, and to economize on city
facility and service costs and maintain the quality of services.
As demonstrated by citizen's actions on various initiate and referendum measures,
there is broad public concern with overall city size and the rate of growth.
Adoption of these regulationsiis deemed a preferable alternative to possible additional
voter - initiated measures or\.resource deficiencies which would limit development in
ways less consistent with•the city's objectives.
Page 2
SECTION 9902: PERMIT kLOCATION PROCEDURE.
9902.1 Annual and Monthly Limits
If at the end of any calendar month during the year listed in column (a) the
total number of dwellings authorized by construction permits issued during that
month plus the previous 17 months exceeds the number listed in column (b), no
construction permits for any residential project of more than two dwellings
shall be issued until (1) the passage of one month or (2) construction permits for
at least the number of dwellings listed in column (c) have been readied for
issuance by the Community Development Department and scored by the council.
(a)
(b)
(c)
1982
450
30
1983
450
30
1984
450
25
1985
450
25
1986
450
25
1987
450
25
1988
450
25
1989
375
20
1990
300
20
1991
300
15
1992
225
15
1993
225
15
1994
225
15
1995
225
15
1996
225
15
1997
225
15
1998
225
15
1999
225
15
If after the one month interval, construction permits authorizing a number of
dwellings equal to or less than that specified in column (c) above are other-
wise ready for issuance, the permits shall be issued immediately. If construc-
tion permits authorizing more than the number of dwellings specified in column
(c) above are otherwise ready for issuance, the council shall score the projects
according to the provisions of Section 9903 and permits shall be issued promptly
at the beginning of_the following month only for those projects whose cumulative
Page. 3
number of dwellings does not exceed the number specified in column (c), begin-
ning with the project with the highest score and proceeding sequentially in order
of descending scores.
This procedure shall be repeated month by month, until the appropriate cumulative
total specified in column (b) is no longer exceeded. Any construction permit which
may not be issued according to these regulations during the month in which it is
otherwise ready for issuance.shall be held and its score shall be compared with the
scores of projects scored subsequently, so that each month those projects with the
highest scores will be authorized by issuance of construction permits, regardless
of the order in which the construction permit applications were submitted or
otherwise readied for issuance.
9902.2 MINOR EXCEPTIONS TO MONTHLY LIMITATIONS
The City Council may authorize issuance of permits for a project which, alone or
cumulatively with other projects, would cause the number of dwellings authorized
to exceed the monthly limitation provided in Section 9902.1, upon finding that:
(1) It is not feasible or desirable to construct the project in phases because
it consists of a.single building or integrated group of buildings; and
(2) Completion of the project would not significantly conflict with the long-
term objectives of these regulations, considering recent and anticipated
construction levels.
The City Council shall in the case of all applications for the development of a
student housing complex consider an exemption under the terms-of this section.
9902.3 PROJECTS WITH EQUAL SCORES
If two or more projects have the same score, order of issuance of construction
permits shall be determined by size of project, so the project(s) with the fewest
dwellings will be authorized first. If two or.more projects having the same score
are also the same size, order of issuance of construction permits shall be determined
by date of application, so the complete application(s) submitted first will be
issued first.
9902.4 GROUP QUARTERS
Group quarters shall be-regulated as provided for dwellings. Occupant capacity
for each 2.5 persons shall be counted as one dwelling in tallying cumulative totals
and in determining project size.
9902.5 EXEMPT PROJECTS
The following types of projects shall be exempt from limitations on the issuance of
construction permits and shall not be included-in determining the number specified
in Section 9902.1, column (c). However, dwellings and group quarters projects of
all size shall be included in determining the comparison with Section 9902.1,
Page 4
column (b).
(1) Projects consisting of the independent construction of one or two dwellings;
(2) Group- quarters for occupancy by five or fewer persons;
(3) Projects replacing damaged or destroyed dwellings on a one - for -one basis
(these projects shall not be included in the determination of Section 9902.1,
colunm (b)).
(4) Remodelling or additions which result in not more than two dwellings, or a
group - quarters capacity of more than five persons, in addition to those
which existed before the remodelling or addition;
(5) Transient lodging, including housekeeping units in hotels or motels.
(6) Prior to January 1, 1985, only, any single - family dwelling to be
constructed on a lot which existed upon the effective date of these
regulations (Jan. 7, 1983),.regardless of the number of single - family
dwellings being built at one time by the developer.
9902.6 STATUS OF CONSTRUCTION PROJECTS NOT PURSUED
Any project for which renewal of construction permits becomes necessary as provided
in the Building Regulations shall be subject to the approval process of Section 9902.1,
whether or not a score has been assigned previously.
9902.7 PROJECTS WITH CHANGED CHARACTERISTICS
Once a project has been scored as provided in Sections 9902.1 and 9903, that score
shall remain in effect unless:
(a) Relevant characteristics of the project change, the permit holder requests
reconsideration of the score, and the City Council assigns a different score;
or
(b) Relevant characteristics of the project change in a manner that would
result in a lower socre if it were to be evaluated with the new character-
istics. In this case the Community Development Director shall notify the
City Council and the City Attorney shall recommend action to ensure
compliance with the intent of these regulations and City Council action
taken pursuant to them. In recommending any action, consideration shall be
given to the cumulative total of permits issued and the limitations provided
in Section 9902.1, in effect when the recommendation is made.
Page 5
SECTION 9903: SCORING STANDARDS
Whenever these regulations require projects to be.scored, the City Council shall
employ the following standards. There shall be a total of 22 .`points possible. The
score received by a project shall be used only to determine the sequence of
construction - permit issuance In relation to other projects. The point - scoring
system shall not be construed to establish a minifium acceptable score.
Topic. Affordable housing Maximum points possible: 8
Project features:
Project provides publicly -owned or
publicly assisted housing, where
occupancy is restricted to low -
wealth households or those requir-
ing special living accommodations..
(Low= wealth households are those with
less than 80% of the countywide median
income and no.assets.)
The sale price or monthly occupancy
cost considering special financing,
or rents, will be affordable to mod-
erate wealth households (those with
incomes less than 120% of the county
median income and with limited assets,
such as property ownership), and
there will be buyer or tenant screen-
ing and resale control mechanisms
to assure continued affordability.
The project will, be affordable to
moderate - wealth households, but '.
there will be no occupant screening
or resale control.
The project will be affordable to
high - wealth households (generally,
those who have more than 120% of the
county median income or who have .
substantial assets, such as property
ownership).
Examples: Points:
Housing owned or managed by the 8
Housing Authority or other
nonprofit sponsor, or providing
below- market rents through a sub_
sidy, with tenant screening.
The, project includes below- market
rate financing, equity sharing, or
other cost - reducing features, and
deed restrictions limiting apprec-
iation.
The dwellings and lots, if any, are
of modest size (,less than 1,000 sq.
ft. per dwelling and 5,000 sq. ft.
per lot) and there are few or no
unnecessary household devices or
recreational amenities.
1.1
51
The dwellings or lots are large. ':..0
Dwellings include "I:uxury" features
or recreational amenities.
- Page 6
•
Affordable housing (cont.)
r
If the projects contains dwellings meeting more than one of these conditions,
the point score shall be prorated by multiplying the percentage of the dwellings
meeting a particul.ar condition times the number of points for that condition,
then adding the points for different conditions.
Topic: Public facilities /amenities
Project features:
Project provides facilities to
protect public health of� safety
will benefit a wide area beyond
projoct site.
Maximum points possible: 4.
Examples:
Points:
help Alternate access will be pro -
which vided to a neighborhood pre-
the viously accessible by only one
street; a water main will be
looped to provide more reliable
fire flows; a deficient sewer
main will be replaced, elimin-
ating back-up-problems in the':
neighborhood; a drainage ob_,.
struction affecting several
acres of developed land will be..
removed.
Project provides facilities to help
protect public health or safety which
will benefit a limited area beyond
the project site.
Project provides a
which will benefit
the projecti:site.
Project provides a
which will benefit
beyond the project
public amenity
a wide area beyond
A partially improved street will 8
be fully improved; a new fire
hydrant serving several existing
dwellings will be installed; a
sewer Une or drainage obstruction
affecting a few neighboring prop-
erties will be corrected.
A major addition to a community
park will be made; an open space
area which would otherwise be dev-
eloped will be protected in per -
petuity, and the area contains
valuable wildlife habitat or it is
visible from a large part of the
city;. the project includes a
facility which will be made avail-
able through time - sharing to com-
munity groups.
public amenity Sidewalk and street landscaping . 1
a limited area will be completed for a "gap" in
site. a developed area; an open space
area which would otherwise be dev-
eloped will be protected in per-
petuity, and the area is visible or
accessible from neighboring prop-
erties; a bus passenger shelter will be
built.
.� Page 7
Topic: `Location (infill /sequential Maximum points possible: 5
development)
Project features: Examples: Points:
The project is within the devel- Point values for various 4
oped area of the city as it areas shall be as shown on
existed upon adoption of these Map Exhibit 1. These stand -
regulations. ards assume the site.zoning
allows residential use.
The project is within the city
limits as they existed upon
adoption of these regulations.
The project is within.an expan-
sion area identified in the gen-
eral plan Land Use Element as it
existed upon adoption of these
regulations.
The project is outside the city
and outside expansion areas ident-
ified in the general plan Land
Use Element as it existed upon
adoption of these regulations.
The project is inside or within
convenient walking distance of a
major activity center (employment
and services) as shown on Exhibit 1.
Topic:- Publi:c transportation
Project features:
Any po.nt�.of-publ.ic- pedestrian
access to the site is within 900
feet of an operating city bus
route.
Topic: On -site resource conservation
Project features:
Maximum points possible: 1
Examples,
Maximum points possible: 4
Examples:
2
1
A
1
Points:
1
Points:
The project will use substantial'
..The._ - dwellings and :hot water 2
ly less energy than a project will be. heated by by..the sun.
meeting minimum state and local
requirements.
The project will use somewhat The dwel)lings:will be "solar 1
less energy than a project meet4 ,tempered" or water will be
ing minimum state and local heated by the sun.
standards.
Page 8
On -site resource conservation (cont.)
Project features:
The project will use substantially
less water than conventional
development.
The project will use somewhat less
water than conventional development.
SECTION 9904: TIME LIMIT FOR COUNCIL ACTION
Examples
The project uses groundwater
or recycled water for land-
scape irrigation -- no stream
diversion or cross - connection
with public system allowed.
Landscape irrigation will be by
moisture - sensor activated drip
system and plants will be
drought tolerant.
Points
2
0
Each permit otherwise ready for issuance which must be scored according to
these regulations shall be scored by the City Council within 45 days of the
end of the month in which it is otherwise ready for issuance. Any such permit
which has not been scored shall be deemed approved pursuant to these regulations
upon the 46th day.
SECTION 9905: DEFINITIONS AND INTERPRETATION
As used in these regulations, the following terms shall have the indicated meanings:
Construction permit means the final city approval before construction may begin.
Usually this will be the permit issued by the Building Division of the Community
Development Department. In the case of mobile home parks requiring no other
entitlement from the city, it will be the use permit for the park.
Month means calendar month. So far as possible the Community Development
Department and City Council shall adhere to a schedule divided into calendar
months, with prompt reporting of conditions and actions on permits. Subject to the
limitation of Section 9904, the schedule may be adjusted on account of the
council's meeting schedule, legal holidays, or unforeseen events.
Residential project means the whole of any project containing residential uses.
The construction of more than two dwellings at a time within an area approved as
a single subdivision or architectural review application shall be considered one
project, whether or not separate building permits are to be issued for each
structure. The independent construction of one or more single dwellings or
duplexes which are coincidentally within the same subdivision shall be considered
a separate project.
Student housing complex means any development of dwellings or group - quarters
facilities which due to its design, location and management will be occupied
entirely by university students or their dependents.
Page 9
ft 0
SECTION 9906: ADMINISTRATION AND ENFORCEMENT
9906.1 Community Development Department
The Community Development Director shall administer these regulations. Neither
the director nor the Chief Building Official shall issue any permit in conflict
with these regulations.
9906.2 City Council
The City Council shall score projects. The council's decision shall be final.
It shall not be necessary to hold a public hearing for the council to establish
scores for projects.
9906.3 Assurdnce of Project Features
In order to assure that projects will be built and made available to occupants
as indicated by-an applicant when projects are scored, the City may enter into
agreements, require the posting of bonds or other guarantees, withhold occupancy
permits or other entitlements, or pursue other remedies provided in the Municipal
Code for failure to meet conditions imposed as part of project approval.
SECTION 9907: DURATION OF REGULATIONS: AMENDMENT
These regulations shall remain in effect no later than December 31, 1999, when
they shall automatically expire. They may be amended or repealed at any time,
as provided in the Municipal Code.
SECTION 9908: COUNCIL REVIEW OF REGULATIONS
Staff shall prepare an evaluation and report no later than January 31, 1985,
concerning the effect of these regulations since their adoption.
Page 10
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EXHIBIT 1 (lefft)
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LEGEND
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Developed area of city I
C
4'
(4 points)
1
j
Within city limits
[
(2 points)
Within expansion area
c
(
(1 point)
expansion area
aOutside
(0 points)
In or near major activity center
(add 1 point)
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677
ORDINANCE NO. 940
(1983 Series)
FINALLY PASSED this 4th day of January ,
1983, on motion of Councilwoman Dovey seconded by
Councilman Settle and on the following roll call
vote:
AYES: Councilmembers Dovey, Settle, Griffin and Mayor Billig
NOES: None
ABSENT: Councilman Dunin
ATTEST:
Cit Clerk Pamela Vo s