Loading...
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 Ordinance No. 884 (1981 Series) is hereby repealed.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 �l ,k: WX d OR r. 0 0 lei h, "In I Eve It, P177, o 41� ld� 1P q s 0 MIF PA I, O EXHIBIT 1 (lefft) 1 LEGEND ` 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) ld� 1P q s 0 MIF PA I, O C�/I7/y/Orl /y-� Ue /O, a,,� f' moo/ - 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