Loading...
HomeMy WebLinkAbout8/21/2018 Item 17, Codron City of San Luis Obispo, Council Memorandum DATE: August 21, 2018 TO: City Council FROM: Derek Johnson, City Manager DJJ PREPARED: Xzandrea Fowler, Deputy Director Kyle Bell, Associate Planner VIA: Michael Codron, Community Development Director SUBJECT: Item #17 - Additional revisions to the Zoning Regulations for Council consideration for subsequent amendments and noticing update After the Planning Commission recommended the adoption of the Zoning Regulations Update on June 27, 2018, staff continued to receive comments from members of the public, Council members, MIG consultants, and City staff regarding additional opportunities to be incorporated into the Zoning Regulations Update. Items that have been identified for amendments relate to Accessory Dwelling Units, Climate Action Plan implementation, and addressing new State housing laws. This memorandum highlights the proposed changes as recommended by staff for subsequent amendments to the Zoning Regulations after the City Council adoption. The memo also highlights rezoning amendments. ACCESSORY DWELLING UNITS The City Council confirmed the importance of the owner occupancy requirement at the April 2018 study session, however staff has continued to receive public comments regarding concerns. One suggestion is to exclude the R-3 and R-4 zones from the owner occupancy requirement while maintaining it in the R-1 and R-2 zones. This would continue to help the preservation of the lower density residential neighborhoods, particularly R-1, while being compatible in the R-3 and R-4 zones designated for higher density residential and apartment rental projects. See proposed amendment to Section 17.86.020B.5 below for consideration; 17.86.020B.5 - Owner-Occupancy. The owner of the property shall occupy either the primary residence or the accessory dwelling unit. The Director may waive this requirement in one-year increments, not to exceed a total of five consecutive years, based on a showing of a hardship. A hardship shall include, but not be limited to, inheritance of property with an accessory dwelling unit. Owner-Occupancy is not required in the R-3 or R-4 zones. Zoning Regulations Update: Additional Changes - Memorandum Page 2 IMPLEMENTATION OF CLIMATE ACTION PLAN Upon review of the Zoning Regulations Update staff identified additional opportunity to further implement the Climate Action Plan by requiring installation of Electric Vehicle (EV) Capable 1 parking spaces with new development or significant remodels. EV Capable parking would be designed to provide for future installation of EV charging stations. Section 17.72.040 has been amended to incorporate the changes as recommended by staff, new definitions will also be provided for EV ready and EV capable (addressed in Article 9 -17.158.014 - Definitions), as shown below; 17.72.040 Parking for Electric Vehicles A. Parking spaces for electric vehicles shall be provided for all uses as indicated in Table 3-5: Electric Vehicle (EV) Parking or in accordance with the requirements of the California Green Building Standards Code and any local amendments thereto, whichever yields the greater number of spaces. All such spaces shall count toward the minimum required parking spaces. Table 3-5: Electric Vehicle (EV) Parking Number of Total Required Spaces Land Use 2-10 11-15 16-20 More than 20 2 EV ready 2 EV ready 1 EV ready 10% EV ready spaces spaces Multi-unit Residential with 4 or space minimum, spaces, plus minimum, plus minimum, plus More Units plus 25% EV 75% EV 50% EV 50% EV capable capable capable capable 2 EV ready 3 EV ready 1 EV ready 10% of parking spaces spaces Nonresidential Commercial, space minimum, spaces EV minimum, plus minimum, plus Office, and Mixed Use plus 25% EV ready, plus 50% 50% EV 50% EV capable EV capable capable capable 1 EV ready 2 EV ready 8% of parking 0 EV space space spaces spaces EV Industrial minimum 10% minimum, plus minimum, plus ready, plus 10% EV capable 10% EV 10% EV EV capable capable capable B. All electric vehicle spaces EV ready spaces, as defined in this Title, shall be equipped with full electric vehicle charging equipment, as defined in this Title, including an electric vehicle charging station, the use of which the property owner or operator may require payment, at his/her discretion. All EV capable spaces, as defined in this Title, shall be served by an empty raceway to supply power for future EV charging stations at any given time. C. Any charging or similar equipment shall not be placed within the required parking space dimensions and shall not obstruct any pedestrian path of travel. 1 Climate Action Plan Transportation and Land Use Strategies. TLU 2.2: Require all new development with 50 or more parking spaces to pre-wire for electric vehicle charging stations and provide a minimum 2 percent charging spaces. Zoning Regulations Update: Additional Changes - Memorandum Page 3 D. Electric EV ready and EV capable spaces and the associated electric vehicle charging equipment shall be provided for all new developments and whenever a substantial addition to and existing development is proposed. E. Where an existing legal, nonconforming parking condition exists, the EV spaces requirement shall be based on the existing number of parking spaces, not the required number of parking spaces. 17.158.014 - Definitions EV Capable Space. A parking space constructed with empty raceway (i.e., pathway for future electrical wiring, usually in enclosed walls or pavement) to supply power for future EV charging stations at any given time. EV Ready Space. A parking space constructed with full electrical circuits (e.g., junction box, conduit, receptacle, overprotecting devices, wiring, etc.) that are ready for connection with an EV charging station at any given time. IMPLEMENTATION OF STATE HOUSING LAW MIG, the project consultants, have also identified new State Housing Law that should be addressed as part of the Zoning Regulations for daycare facilities as part of affordable housing projects. MIG and staff recommend the following change to Section 17.140.070 to address the changes to State Housing Law. 17.140.070 Alternative or Additional Incentives D. Proposals to construct a housing development that includes affordable units and includes a child care facility that will be located on the premises of, as part of, or adjacent to the housing development, it shall comply with Government Code Section 65915 (h)(1). MAP AMENDMENT NOTICING DISCREPANCY zoning map amendments that involve a change from one zone to another. The two map amendments currently proposed include rezoning Upper Monterey from C-R to C-R-D, and North Broad Street (Bressi) from R-1 and C/OS to R-1-S and C/OS-S. require a 10-day noticing period for these actions, however, the noticing for the August 21, 2018 City Council hearing provided a 7-day noticing period required by State law and section 17.70.030B state that Failure to post or notify by mail shall not invalidate any amendments duly adopted.As a result, staff is recommending that the City Council move forward and take action on the rezoning amendments, as proposed.