HomeMy WebLinkAboutItem 4 - GENP-0327-2017 (Zoning Regulations Update) Ordinance 1130 and S-Overlays
MEMORANDUM
DATE: January 10, 2018
TO: Planning Commission
BY: Kyle Bell, Associate Planner
FROM: Doug Davidson, Deputy Director DD
SUBJECT: Zoning Regulations Update – Review of Ordinance 1130 and overview of S-
Overlay process and procedures.
Item #1 – Revised Ordinance 1130
Attached to this memorandum is a revised Ordinance 1130 for consideration that was produced by
the residents of the San Luis Drive neighborhood (Attachment 1). Ordinance 1130 was established
in 1989 to address the transition between the Monterey commercial district and the adjacent
residential neighborhood and preservation of San Luis Creek which separates the two
neighborhoods. The revisions propose more restrictive development standards to protect the
residential neighborhood and the creek. The residents are prepared to provide a presentation to the
Planning Commission to address the proposed changes.
Item #2 – Overview of S-Overlay processes and procedures
Zoning Regulations Chapter 17.56 establishes the purpose and application of the Special
Considerations Overlay (Attachment 2 - S-Overlay Regulations). The regulations require that
allowed or conditionally allowed uses within the underlying zone are subject to an administrative
use permit. The use permit is intended to assure compatibility of the use with its surroundings or
conformance with the general plan, or to determine if a proposed development addresses issues,
such as, noise exposure, flood hazards, grading, or airport hazards. The Administrative Hearing
Officer may establish conditions relating to improvements, building location, and access, which
are more restrictive than provided in the underlying zone.
PC4 - 1
GENP-0327-2017
Memorandum: Zoning Regulations Update
Page 2
Furthermore, the Community Design Guidelines describe that when a S-Overlay ordinance is
adopted, architectural review is required for any new development as a “sensitive site”. This leads
to some projects being evaluated through two concurrent discretionary processes, subject to
independent appeal procedures.
The consultant team is working to evaluate the S-Overlay regulations to address projects through
the appropriate review procedure as well as more efficient methods to track designated properties.
In 2007, city staff compiled a reference document for internal use to identify locations of properties
with S-Overlays and a brief summary of the Special Considerations for specific properties
(Attachment 3).
This information has been provided to complement the discussion regarding Ordinance 1130 to
assist the PC on evaluating the effectiveness of the S-Overlay regulations to provided feedback
and direction to the consultant team to address any concerns, questions, or opportunity as part of
the Zoning Regulations update.
ATTACHMENTS
1. Revisions to Ordinance 1130
2. S-Overlay Regulations
3. S-Overlay Guide and reference sheet
PC4 - 2
Attachment 1
PC4 - 3
Attachment 1
PC4 - 4
Attachment 1
PC4 - 5
Attachment 1
PC4 - 6
Attachment 1
PC4 - 7
Attachment 1
PC4 - 8
Attachment 1
PC4 - 9
Attachment 1
PC4 - 10
Attachment 1
PC4 - 11
Attachment 1
PC4 - 12
Attachment 1
PC4 - 13
Attachment 1
PC4 - 14
Attachment 1
PC4 - 15
Attachment 1
PC4 - 16
Attachment 1
PC4 - 17
Attachment 1
PC4 - 18
Attachment 1
PC4 - 19
Attachment 1
PC4 - 20
Attachment 1
PC4 - 21
Attachment 1
PC4 - 22
Attachment 1
PC4 - 23
Attachment 1
PC4 - 24
Attachment 1
PC4 - 25
Attachment 1
PC4 - 26
Attachment 1
PC4 - 27
City of San Luis Obispo
March 2015 Zoning Regulations
Page 151
Chapter 17.56: Special Consideration (S) Zone
Sections:
17.56.010 Purpose and application.
17.56.020 Allowed uses.
17.56.030 Property development standards.
17.56.040 Procedure - Subdivisions - Waiver of use permit requirement when
property subject to subdivision map application.
17.56.010 Purpose and application.
The S zone has two purposes:
A. In combination with any zone, to require approval of an administrative use permit
before any use may be established. The use permit requirement is intended to assure
compatibility of the use with its surroundings or conformance with the general plan, or
to determine if a proposed development solves problems such as noise exposure, flood
hazard, airport hazard, or slope instability which are particularly severe on a given site.
Such development review may also be used to protect areas of scenic or ecological
sensitivity, wildlife habitat, or wildland fire hazard.
The ordinance adopting the S zone will specify the considerations to be addressed, and
the ordinance number will be incorporated in the official zone map designation:
B. In combination with any other zone, to require a larger minimum parcel size than
required by the underlying zone. In such cases it will be designated on the zone map
as, for example, R-1-S-3, which indicates a minimum parcel size of three acres. (Ord.
941 - 1 (part), 1982: prior code - 9203.17(A))
17.56.020 Allowed uses.
Subject to approval of an administrative use permit, any allowed or conditionally allowed
use in the underlying zone may be established. (Ord. 941 - 1 (part), 1982: prior
code - 9203.17(B))
17.56.030 Property development standards.
As provided in Sections 17.58.020 through 17.58.080, the Administrative Hearing Officer
may establish conditions relating to improvements, building location, access, and so on,
which are more restrictive than provided in the underlying zone, in order to fulfill the intent
of these regulations. (Ord. 941 - 1 (part), 1982: prior code - 9203.17(C))
17.56.040 Procedure - Subdivisions - Waiver of use permit
requirement when property subject to subdivision map
application.
The Director may waive the requirement for a use permit when property proposed for
development is the subject of a subdivision map application. (Ord. 941 - 1 (part), 1982:
prior code - 9203.17(D))
Attachment 2
PC4 - 28
Attachment 3
PC4 - 29
Attachment 3
PC4 - 30
Attachment 3
PC4 - 31
Attachment 3
PC4 - 32
Attachment 3
PC4 - 33
Attachment 3
PC4 - 34
Attachment 3
PC4 - 35
Attachment 3
PC4 - 36
Attachment 3
PC4 - 37
Attachment 3
PC4 - 38
Attachment 3
PC4 - 39
Attachment 3
PC4 - 40
Attachment 3
PC4 - 41
Attachment 3
PC4 - 42
Attachment 3
PC4 - 43
Attachment 3
PC4 - 44
Attachment 3
PC4 - 45
Attachment 3
PC4 - 46
Attachment 3
PC4 - 47
Attachment 3
PC4 - 48
Attachment 3
PC4 - 49