HomeMy WebLinkAbout09-18-2018 Item 4 Adoption of Ordinance Approving Zoning Update Meeting Date: 9/18/2018
FROM: Michael Codron, Community Development Director
Prepared By: Doug Davidson, Deputy Director
SUBJECT: ADOPTION OF AN ORDINANCE APPROVING THE COMPREHENSIVE
UPDATE TO THE CITY’S ZONING REGULATIONS (TITLE 17) OF THE
MUNICIPAL CODE AND ASSOCIATED ZONING AMENDMENTS
RECOMMENDATIONS
1. Adopt an ordinance repealing and replacing Title 17 of the Municipal Code (Zoning) to
implement the Land Use and Circulation Element (LUCE), including the adoption of an
Initial Study/Negative Declaration, GENP-1327-2017 (Attachment A); and
2. Adopt an ordinance approving amendments to Ordinance 1130 (1989 Series) modifying the
design criteria, Section 5, south side of Monterey Street between 1603 and 2223 Monterey
Street, CODE-1630-2018 (Attachment D); and
3. Adopt an ordinance ame nding the City’s Zoning Map to designate an approximately 20.2-
acre portion of the R-1/C/OS Zone on the west side of Broad Street, south of Serrano Drive
as R-1/C/OS-S, Low Density Residential/Conservation and Open Space Zone with a Special
Considerations Overlay Zone, 159/161 Broad Street and 141 Bressi Place, RZ-1629-2018
(Attachment E).
DISCUSSION
Comprehensive Zoning Update
On August 21, 2018, the City Council voted 5-0 to introduce an ordinance which
comprehensively updates the City’s Zoning Regulat ions, Title 17 of the City’s Municipal Code.
In addition to this action, the Council provided direction that the following items be further
reviewed and brought back to Council after the Planning Commission has provided a
recommendation:
1) Tiny Homes – Reduce the size from 450 sq. ft. (possibly 300 sq. ft. without counting the
loft), requiring a Director’s action for design review.
2) Accessory Dwelling Unit (ADU) Lot Coverage Requirement – Consider reducing the lot
coverage exemption for an ADU from 450 sq. ft. to 300 sq. ft. (consistent with the size of
a Tiny Home).
3) Owner Occupancy - Consider excluding the owner occupancy requirement for ADUs in
the R-3 and R-4 zones.
4) Child Care Facilities - Implement new State law to provide the ability to include child
care facilities in affordable housing projects.
5) Climate Action Plan (CAP) - Further implement the (CAP) by requiring installation of
EV-capable parking spaces in new developments or significant remodels/additions.
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The Zoning Regulations Ordinance will become effective 30 days after its adoption.
Modifications to Ordinance 1130
On August 21, 2018, the City Council voted 5-0 to introduce an ordinance which revises
Ordinance 1130 to implement Land Use Element policy 8.3. The modifications to the ordinance
will become effective 30 days after its adoption.
Rezone North Broad Street (Bressi) S-Overlay
On August 21, 2018, the City Council voted 5-0 to introduce an Ordinance for the rezone of
property located along North Broad street to include a Special Considerations (S) Overlay. The
ordinance will become effective 30 days after its adoption.
Downtown Overlay Zone (CR Zone of Downtown Core from Santa Rosa to Pepper St.)
On August 21, 2018, the City Council voted 5-0 to direct staff to take this proposed Overlay
zone back to the Planning Commission for further review, specifically to include a requirement
for approval of a Development Agreement (DA) for any project proposing to take advantage of
increased height (above 45 feet). The Council’s motio n included the provision that additional
workforce and affordable housing opportunities in the project be incorporated into the DA. This
will be packaged together with the items noted above for further review by the Planning
Commission, tentatively schedu led for October 10, 2018, with the Council meeting following on
November 27, 2018.
ALTERNATIVE
Modify the Proposed Ordinances – The Council may make minor, non-substantive changes
to the proposed Ordinances for staff to incorporate into the final docume nts. Any material
changes to the Final Ordinances would require further review by staff and the Planning
Commission followed by re-introduction of the Ordinance(s) by the Council.
Attachments:
a - Draft Ordinance - GENP-0327-1027 (Zoning)
b - Council Reading File - Exhibit A to Attachment a (Initial Study)
c - Council Reading File - Exhibit B to Attachment a (Zoning Regs)
d - Draft Ordinance - CODE-1630-2018 (Ordinance 1130 Modifications)
e - Draft Ordinance - RZ-1629-2018 (Bressi Rezone S-Overlay)
f - Exhibit A to Attachment e (Map)
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Item 4
ORDINANCE NO. 1650 (2018 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA REPEALING AND REPLACING TITLE 17 OF
THE MUNICIPAL CODE (ZONING REGULATIONS) TO IMPLEMENT
THE LAND USE AND CIRCULATION ELEMENT (LUCE), CLARIFY
AND ADVANCE CITY GOALS AND POLICIES, PROVIDE INTERNAL
CONSISTENCY, AND TO RE-ORGANIZE THE ZONING CODE,
INCLUDING THE ADOPTION OF A NEGATIVE DECLARATION OF
ENVIRONMENTAL REVIEW, AS REPRESENTED IN THE STAFF
REPORT AND ATTACHMENTS DATED AUGUST 21, 2018 (ZONING
REGULATIONS, GENP-0327-2017)
WHEREAS, the City Council of the City of San Luis Obispo conducted a series of public
hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California on
October 21, 2014, December 2, 2014, and December 9, 2014, for the purpose of final adoption of
the Land Use and Circulation Element update project (LUCE) Resolution No. 10586 (2014
Series); and
WHEREAS, on July 5, 2016, the City Council reviewed the Zoning Regulations Update
scope of work, approved the project budget, and authorized issuance of a Request for Proposals
(RFP) for consultant services; and
WHEREAS, the City Council and Planning Commission of the City of San Luis Obispo
conducted a joint public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis
Obispo, California on April 12, 2017, for the purpose of providing direction to the Community
Development staff on particular issues to address during the Zoning Regulations Update process;
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 April 10,
2018, for the purpose of providing policy direction regarding key issues; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a series
of regular public hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California from August 23, 2017, through May 23, 2018 and final hearings on June 13, 2018, June
14, 2018, and June 27, 2018, for the purpose of recommending amendments to Title 17 of the
Municipal Code to implement the LUCE; 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 August 21,
2018, for the purpose of introducing an Ordinance for the comprehensive update to the Zoning
Regulations; and
WHEREAS, City staff has conducted extensive public outreach in the form of news
releases, stakeholder interviews, regular ly scheduled public hearings with the Planning
Commission, and two community workshops held on June 3, 2017 and May 3, 2018; and
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Ordinance No. _____ (2018 Series) Page 2
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WHEREAS, after review of the information gathered by staff during public outreach and
public hearings, staff recommends the draft amendments to Tile 17 of the Municipal Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the Commission makes the following
finding:
1. The Zoning Regulations Update comprehensively implements many policies and programs
of the LUCE. As represented in the staff report, additional follow up actions are needed in
order to further implement LUCE policies and programs not addressed by this Zoning
Code Update.
2. The proposed amendments to Title 17 will not cause significant health, safety, or welfare
concerns, since the amendments are consistent with the General Plan and directly
implement City goals and polices.
SECTION 2. Environmental Review. Pursuant to CEQA, the City prepared an Initial
Study/Negative Declaration (IS/ND) to evaluate the potential environmental effects of the
proposed Zoning Regulations Update, as set forth in Exhibit A. This IS/ND addresses all
environmental issues listed in Appendix G of the State CEQA Guidelines. As the Zoning
Regulations Update is consistent with the 2014 LUCE, the IS/ND tiers with and incorporates, by
reference, the City’s previously certified Program Environmental Impact Report [EIR] (September
2014) prepared for the LUCE pursuant to State CEQA Guidelines Sections 15150 (Incorporation
by Reference),15152 (Tiering), and 15168 (Program EIR). The 30-day public review period for
the IS/ND ran from June 20, 2018 to July 19, 2018 and no public or agency comments were
received. Based on the analysis provided within the IS/ND, the City has concluded that adoption
of the Zoning Regulations Update would not result in new significant impacts on the environment
that have not been previously examined or adequately addressed in the LUCE EIR. No new
mitigation measures would be required, and mitigation measures that were adopted for the LUCE
EIR continue to remain applicable, as such measures were incorporated into the General Plan
following City Council’s adoption of the LUCE.
SECTION 3. Action. The City Council hereby repeals and replaces, in its entirety, Title
17 (Zoning) of the San Luis Obispo Municipal Code as set forth in Exhibit B attached hereto and
incorporated herein.
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
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Ordinance No. _____ (2018 Series) Page 3
O ______
SECTION 5. A summary of this ordinance, together with the names of Council members
voting for and against, shall be published at least five (5) days prior to its final passage, in The
Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at t he
expiration of thirty (30) days after its final passage.
INTRODUCED on the ___ day of ___, 2018, AND FINALLY ADOPTED by the Council
of the City of San Luis Obispo on the ___ day of ___, 2018, on the following vote:
AYES:
NOES:
ABSENT:
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
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 ______________, _________.
______________________________
Teresa Purrington
City Clerk
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O ______
ORDINANCE NO. 1651 (2018 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING ORDINANCE NO. 1130 (1989
SERIES), MODIFYING THE DESIGN CRITERIA, SECTION 5 (CODE-
1630-2018; SOUTH SIDE OF MONTEREY STREET BETWEEN 103 AND
2223 MONTEREY, INCLUSIVE)
WHEREAS, on February 7, 1989, the City Council of the City of San Luis Obispo adopted
Ordinance 1130, amending the official zoning map from C-T to C-T-S for properties on the south
side of Monterey Street between 1603 and 2223 and amending the official zoning map to expand
the C/OS-5 zone along San Luis Creek Drive between Monterey Street and San Luis Drive ; and
WHEREAS, Ordinance 1130 (1989 Series) established design criteria for any new
development or use or expansion of any existing development or use within the C -T-S zone; and
WHEREAS, the Land Use Element of the City’s General Plan, Program 8.3, calls for the
City to review and update Ordinance 1130 and involve residents to ensure tha t neighborhood
concerns are addressed ; and
WHEREAS, City staff has coordinated review of possible changes to Ordinance 1130 with
residents of the adjacent San Luis Drive neighborhood ; and
WHEREAS, the Planning Commission of the City of San Luis Obispo co nducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
June 27, 2018 for the purpose of considering amendments to ordinance NO. 1130; 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 August 21,
2018, for the purpose of introducing an Ordinance for the amendment to Ordinance No. 1130; and
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Environmental Review. Based upon all the evidence, the Planning
Commission recommends that the City Council adopt the Initial Study / Negative Declaration as
prepared for the comprehensive Zoning Regulations Update (GENP-0327-2018). The initial study
addresses all environmental issues listed in Appendix G of the State CEQA Guidelines, and tiers
with and incorporates, by reference, the Land Use and Circulation Element Final Program
Environmental Impact Report pursuant to State CEQA Guidelines Sections 15150 (Incorporation
by Reference), 15152 (Tiering), and 15168 (Program EIR).
SECTION 2. Action. The City Council of San Luis Obispo herby amends the Ordinance
1130 to replace the design criteria (previously referred to as Section 5) with following criteria
described below.
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Ordinance No. _____ (2018 Series) Page 2
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SECTION 3. Land Use and Design Criteria. That any new development or use or
expansion of any existing development or use approved after the effective date of this ordinance
shall be subject to the following design criteria:
1. All new structures approved after adoption of this ordinance shall be setback a minimum
20 feet from the existing top of creek bank o r edge of riparian vegetation, whichever is
farther from the creek flow line (subsequently called the “creek setback reference line”).
The setback area may be occupied by landscaping and fencing. No new facilities for
parking, active recreation or noise generating equipment may occupy the creek setback
area.
2. The number and size of building openings facing the creek shall be minimized. Windows
shall be no larger than the minimum required by public safety. Glazing shall not reflect
sunlight toward the creek nor allow internal lighting to shine toward the creek. Balconies
and/or attendant doors are prohibited.
3. Screening shall be provided between the buildings and the creek which may include
fencing, decorative walls and landscaped berms, said screening shall at a minimum include
restoration and enhancement of the creekside vegetation, and shall also be designed and
built so as to block view corridors of the building visible from residential neighbors.
4. Lighting between the buildings and the creek shall be limited in intensity and scale to the
minimum necessary for security and identification and shall be designed so as not to shine
offsite.
5. The expansion or redevelopment of properties shall make maximum use of common
driveways.
6. All new uses must be found by the Planning Commission to be compatible with the riparian
habitat and adjacent residential uses, considering such variables as light and glare, privacy,
noise and traffic. In all cases, uses shall be adequately buffered from the creek and adjacent
residences in a manner which mitigates potential offsite impacts.
7. Noise generating uses such as parking and active outdoor recreation uses, such as
swimming pools, outdoor bars, and gathering areas shall be located on the interior of the
site, using buildings as a buffer.
8. All drainage to the creek shall be directed in a manner which does not erode the creekba nk,
harm the creekside vegetation or degrade the quality of the creek and its riparian habitat.
Appropriate systems may include the use of debris and rubbish screens, oil and grease traps
and erosion control/energy dissipaters subject to the approval of t he City Engineer and the
State Department of Fish and Wildlife.
9. Building height shall be restricted as follows:
a) Between 20 and 50 feet, of the creek setback reference line, maximum height shall
be 25 feet.
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Ordinance No. _____ (2018 Series) Page 3
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b) Between 50 and 80 feet of the creek setback reference line, maximum height shall
be 35 feet.
c) Beyond 80 feet from the creek setback reference line, maximum height shall be 45
feet.
10. Grading within the creek setback area shall be limited to that necessary to stabilize the
creekbank and to accommodate landscaping, and shall be done in a manner which does not
increase erosion of the creekbank or result in the removal of or significant damage to
creekside vegetation.
11. As a condition of every new use established or expansion of existing use, that portion of a
commercial lot which lies within the C/OS-5 zone shall be dedicated as a perpetual open
space easement.
12. In special circumstances, the Planning Commission may lower the height and/or increase
the setback standards established by this ordinance .
13. The revised C/OS-5 boundary and design criteria contained in this ordinance shall be
recorded and referenced on the title of all affected parcels.
14. The creekside setback area and/or the area beneath the high berm on the creekside shall not
be used for a public or urban trail.
15. Any structure that functions primarily as a conference or convention center shall not be
allowed. Meeting and conference rooms ancillary to other approved uses are allowed.
Rooms whose primary use is for social gatherings (ballrooms, etc.) shall not be located
creekside.
16. Openings associated with and resulting from underground, ground, or above ground
parking, oriented toward the creek or that occur on the sides of the structures within 100
feet of the creek setback reference line are prohibited.
17. During all stages of planning and building, design and engineering plans and over -the-
counter- changes to the approved plans and permit shall be a matter of public record (as
defined in California Government Code Section 6520), shall be noted on the official packet
of material, and shall be readily available to the public upon demand.
18. Any new proposal or significant alteration to an existing development shall be subject to a
use permit approved by the Planning Commission. In approving a use permit, the Planning
Commission shall find that the proposed conforms to all the criteria listed in Section 3.
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
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Ordinance No. _____ (2018 Series) Page 4
O ______
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, together with the names of Council members
voting for and against, shall be published at least five (5) days prior to its final passage, in The
Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at
the expiration of thirty (30) days after its final passage.
INTRODUCED on the ___ day of ___, 2018, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the ___ day of ___, 2018, on the following vote:
AYES:
NOES:
ABSENT:
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
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 ______________, _________.
______________________________
Teresa Purrington
City Clerk
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Item 4
O ______
ORDINANCE NO. 1652 (2018 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING THE CITY’S ZONING MAP TO
DESIGNATE APPROXIMATELY 20.2 ACRES WITHIN THE R-1 AND
C/OS-20 ZONES ON THE WEST SIDE OF BROAD STREET, SOUTH OF
SERRANO DRIVE, AS R-1-S, LOW-DENSITY RESIDENTIAL ZONE AND
C/OS-S-20, CONSERVATION/OPEN SPACE WITH A SPECIAL
CONSIDERATIONS OVERLAY (RZ-1629-2018; 159 & 161 BROAD
STREET AND 141 BRESSI PLACE)
WHEREAS, the Planning Commission of the City of San Luis Obispo, conducted a public
hearing on September 23, 2015, to review of Minor Subdivision 32 -14 and identified concerns
related to possible future development on the remainder parcel of the subdivision, the property
known as 159 & 161 Broad Street and associated adjacent properties previously known as Bressi
Ranch; and
WHEREAS, the Planning Commission requested that staff evaluate the possibility of
designated the area as a sensitive site and adding a special consideration overlay to the properties,
to ensure impacts related to hillside development, identified wildlife corridor, and creek protection
are properly evaluated for any proposed new development; and
WHEREAS, the Planning Commission 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
June 27, 2018; continuing the project to July 11, 2018 to revise the project to include the C/OS-20
portions of the property; and
WHEREAS, the Planning Commission 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
Ju ly 11, 2018 for the purpose of considering amendments to the City’s Zoning Map to designate
approximately 20.2 acres within the R-1 and C/OS-20 zones on the west side of Broad street, south
of serrano Drive, as R-1-S, Low-Density Residential zone with a Special Considerations Overlay
and C/OS-S-20, Conservation/Open Space with a Special Considerations Overlay, and making
recommendations to the City Council regarding such amendments; 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 August 21,
2018, for the purpose of introducing an ordinance for the rezone of the prop erty; and
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Environmental Review. Based upon all the evidence, City Council adopt s
the Initial Study / Negative Declaration as prepared for the comprehensive Zoning Regulations
Update (GENP-0327-2018). The Initial Study addresses all environmental issues listed in
Appendix G of the State CEQA Guidelines, and tiers with and incorporates, by reference, the Land
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Ordinance No. _____ (2018 Series) Page 2
O ______
Use and Circulation Element Final Program Environmental Impact Report pursuant to State CEQA
Guidelines Sections 15150 (Incorporation by Reference), 15152 (Tiering), and 15168 (Program
EIR).
SECTION 2. Findings. Based upon all the evidence, the Council makes the following
findings:
1. The proposed “S” overlay zoning will assure that any new development or use of the site
will be subject to a Conditional Use Permit to be reviewed by the Planning Commission to
address the special considerations for the site which are: protection of the wildlife habitat
and corridors, preservation of hillside open space, geological constraints including slope
stability and grading, aesthetic concerns of visually prominent sites, creek protection, and
fire protection issues.
SECTION 3. Action. The City Council of San Luis Obispo herby amends the City’s
Zoning Map to designate the property as depicted in Exhibit A attached hereto and incorporated
herein, to be R-1-S, Low-Density Residential, and C/OS-S-20, Conservation/Open Space with a
Special Considerations Overlay.
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, together with the names of Council members
voting for and against, shall be published at least five (5) days prior to its final passage, in The
Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at
the expiration of thirty (30) days after its final passage.
INTRODUCED on the ___ day of ___, 2018, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the ___ day of ___, 2018, on the following vote:
AYES:
NOES:
ABSENT:
____________________________________
Mayor Heidi Harmon
ATTEST:
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Item 4
Ordinance No. _____ (2018 Series) Page 3
O ______
____________________________________
Teresa Purrington
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 ______________, _________.
______________________________
Teresa Purrington
City Clerk
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Item 4
BROADSERRANO
MI
S
S
IONBRESSIPALOMAR MURRAY
MISSION
R-1
C/OS-20
R-1
R-1
R-1
R-1
R-1-PD
R-1
R-1
R-1
R-1
R-1
Exhibit - A RZ-1629-2018
Rezone from R-1 to R-1-S &C/OS-20 to C/OS-S-20 ¯
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