HomeMy WebLinkAboutO-1636 - Amending Title 17 Zoning RegulationsORDINANCE 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.
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Ordinance No. 1636 (2017 Series) Page 2
2. The proposed amendments to the City's Municipal Code will enable Development
Agreements as a tool to coordinate the extensive financing, phasing, community benefits,
and mitigations measures of large, complex projects.
SECTION 3. Section 17.94.100.1) 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:
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 Tribune, 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
INTRODUCED on the 18th day of July, 2017, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 15`h day of August, 2017, on the following vote:
AYES: Council Members Christianson, Gomez and Pease,
Vice Mayor Rivoire and Mayor Harmon
NOES: None
ABSENT: None
ATTEST:
UC -
Carrie Gallagher
City Clerk
APPROVED AS TO FORM:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this A,94h. day of
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Carrie Gallagher
City Clerk
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