HomeMy WebLinkAbout08-15-2017 Item 06 - Ordinance Adoption Amend Title 17 of the Muni Code Associated with Development Agreements Meeting Date: 8/15/2017
FROM: Michael Codron, Community Development Director
Prepared By: Doug Davidson, Deputy Community Development Director
SUBJECT: ADOPTION OF ORDINANCE INTRODUCED BY THE CITY COUNCIL ON
JULY 18, 2017 TO AMEND TITLE 17 OF THE MUNICIPAL CODE
ASSOCIATED WITH DEVELOPMENT AGREEMENTS
RECOMMENDATION
Adopt Ordinance 1636 (2017 Series) amending Title 17 of the San Luis Obispo Municipal Code
regarding Development Agreements.
BACKGROUND
On July 18, 2017, the City Council voted 5:0 to introduce Ordinance 1636 (2017) Series, which
amends Title 17 of the City’s Municipal Code regarding Development Agreements. The
Ordinance amends the City’s existing Development Agreement Ordinance (Chapter 17.94 of the
Zoning Regulations) particularly Chapter 17.000 (D) to facilit ate Development Agreements for
large, complex projects that may have significant impacts on the environment. This change will
allow the CEQA process to govern the determination and mitigation of impacts while enabling
certain large, complex projects to use a Development Agreement with the City to provide
certainty in the process, identify community benefits, and address financing issues.
The Ordinance is now ready for adoption. A summary of the ordinance was prepared and
published in the local newspaper ten days prior to the second reading. The amendments will
become effective thirty (30) days after final passage of the Ordinance.
ALTERNATIVES
1. The City Council could reject adoption of the Municipal Code Amendments. This is not
recommended because the Council previously voted to introduce the Ordinance and the
revised Ordinance is important to allow the CEQA process to identify and mitigate
environmental impacts separately from the Development Agreement process.
2. The Council could continue final adoption of the proposed amendments and provide
direction to staff for research and revisions, which would require re-introduction of the
ordinance.
Attachments:
a - Ordinance 1636 (2017)
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O 1636
ORDINANCE NO. 1636 (2017 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING TITLE 17 (ZONING
REGULATIONS) OF THE MUNICIPAL CODE ASSOCIATED WITH
DEVELOPMENT AGREEMENTS WITH AN EXEMPTION FROM
ENVIRONMENTAL REVIEW (CODE-0107-2017)
WHEREAS, the City Council of the City of San Luis Obispo held a study session in the
Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on March 21, 2017,
(CODE-0107-2017) and directed staff to return with amendments to the City’s Municipal Code
related to Development Agreements; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on July 18,
2017, for the purpose of considering amendments to the Municipal Code relating to Development
Agreements (CODE-0107-2017); and
WHEREAS, the City Council finds that the proposed amendments are consistent with the
City’s General Plan, the purposes of the Zoning Regulations, and other applicable City ordinances;
and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law.
NOW THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Environmental Determination. The activity is covered by the general rule
that CEQA applies only to projects, which have the potential for causing a significant effect on the
environment. It can be seen with certainty that there is no possibility that the activity in question
may have a significant effect on the environment. The activity is not subject to CEQA because the
minor amendment to the Zoning Regulations regarding Development Agreements will have no
effect on the environment; any actual Development Agreement will be subject to Chapter 17.94 of
the Zoning Regulations and CEQA. Any project associated with a Development Agreement will
undergo environmental review under CEQA and will be required to mitigate any impacts to the
maximum extent feasible.
SECTION 2. Findings. Based upon all the evidence, the Council makes the following
findings:
1. The proposed amendments to the City’s Municipal Code regarding Development
Agreements are consistent with the General Plan and implement City goals and policies to
help facilitate large housing developments to increase the City’s housing supply.
2. The proposed amendments to the City’s Municipal Code will enable Development
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Ordinance No. 1636 (2017 Series) Page 2
O 1636
Agreements as a tool to coordinate the extensive financing, phasing, community benefits,
and mitigations measures of large, complex projects.
SECTION 3. Section 17.94.100.D of the San Luis Obispo Municipal Code is hereby
amended as follows:
17.94.100 Planning commission hearing and recommendation.
The commission shall consider the proposed development agreement and shall make its
recommendation to the council. The recommendation shall include whether or not the proposed
development agreement meets the following findings:
A. The proposed development agreement is consistent with the general plan and any applicable
specific plan;
B. The proposed development agreement complies with zoning, subdivision and other applicable
ordinances and regulations;
C. The proposed development agreement promotes the general welfare, allows more
comprehensive land use planning, and provides substantial public benefits or necessary public
improvements, making it in the city’s interest to enter into the development agreement with
the applicant; and
D. The proposed project and development agreement:
1. Will not adversely affect the health, safety or welfare of persons living or working in the
surrounding area; and
2. Will be appropriate at the proposed location and will be compatible with adjacent land
uses.
SECTION 4. Severability. If any subdivision, paragraph, sentence, clause, or phrase of
this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent
jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the
remaining portions of this ordinance, or any other provisions of the city' s rules and regulations. It
is the city' s express intent that each remaining portion would have been adopted irrespective of
the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared
invalid or unenforceable.
SECTION 5. A summary of this ordinance, approved by the City Attorney, together with
the ayes and noes shall be published at least five days prior to its final passage in the Tribu ne, a
newspaper published and circulated in said City, and the same shall go into effect at the expiration
of 30 days after its final passage. A copy of the full text of this ordinance shall be on file in the
Office of the City Clerk on and after the date following introduction and passage to print and shall
be available to any member of the public.
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Ordinance No. 1636 (2017 Series) Page 3
O 1636
INTRODUCED on the 18th day of July, 2017, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the______ day of______, 2017, on the following vote:
AYES:
NOES:
ABSENT:
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Carrie Gallagher
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ______ day of ______________, _________.
______________________________
Carrie Gallagher
City Clerk
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THNewspaper of the Central Coast
JUL2 g ?I?l
3825 South Higuera - Post Office Box 112 - San Luis Obispo, California 93406-0112 - (805) 781-7800
In The Superior Court of The State of California
In and for the County of San Luis Obispo
AFFIDAVIT OF PUBLICATION
AD #3191021
CITY OF SAN LUIS OBISPO
OFFICE OF THE CITY CLERK
STATE OF CALIFORNIA
Ss.
County of San Luis Obispo
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen and not
interested in the above entitled matter; I am now, and at
all times embraced in the publication herein mentioned
was, the principal clerk of the printers and publishers of
THE TRIBUNE, a newspaper of general Circulation,
printed and published daily at the City of San Luis
Obispo in the above named county and state; that notice
at which the annexed clippings is a true copy, was
published in the above-named newspaper and not in any
supplement thereof — on the following dates to wit;
JULY 25, 2017 that said newspaper was duly and
regularly ascertained and established a newspaper of
general circulation by Decree entered in the Superior
Court of San Luis Obispo County, State of California, on
June 9, 1952, Case #19139 under the Government Code
of the State of California.
I certify (or declare) under the penalty of perjury that the
foregoi�n%g/) istrueand correct.
VV v _ r -�Y/AWI \
(Sig f Lure of Principal Clerk)
DATE: JULY 25, 2017
AD COST: $157.76
18CMOF
8MLUMOOM
ORDINANCE NO. 1636 (2017 SERIES)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SAN LUIS OBISPO,
CALIFORNIA, AMENDING TITLE 17
(ZONING REGULATIONS) OF THE MU-
NICIPAL CODE ASSOCIATED WITH DE-
VELOPMENT AGREEMENTS WITH AN
EXEMPTION FROM ENVIRONMENTAL
REVIEW (CODE -0107-2017)
NOTICE IS HEREBY GIVEN that the City
CcunclI of the City of San Luis Obispo, Cal-
ifornia, at its Regular Meeting of July 18,
2017, introduced the above titled ordi-
nance upon a motion by Vice Mayor
Rlvolre, second by Council Member
Gomez, and on the following roll call vote:
AYES: Council Member Carlyn Christian-
son, Aaron Gomez, Andy Pease, Vice Ivltiy-
or Dan Rivoire, and Mayor Heidi Harmon
NOES: None
Ordinance, No. 1636 12017 5 ri s — This
is a Oily Ordinance to amend Title 17 (Zon-
Ing Regulations) of the Municlpal Code re-
garding Development Agreements to re-
move a provision that could preclude the
use of development agreements in most
large projects.
A full and complete copy of the aforemen-
tioned Ordinance is available far inspection
and copy in the City Clerk's Office, located
at 990 Palm Sireel. San Luis Obispo, Cali•
famla, or you may call (805) 781-7100 for
more information.
NOTICE IS HEREBY FURTHER GIVEN
that the City Council of the City of San
Luis Obispo will consider adopting the
aforementioned Ordinance at its Regular
Maeting of August 15, 2017 at 6:00 p.m.,
which will be held in the Council Chamber,
located at 990 Palm Street, San Luis Obi-
spo, California.
Carrie Gallagher
City Clerk
July 25, 2017 3191021