HomeMy WebLinkAbout10-02-2018 Item 08 Implementation of 2018 Zoning Regulations Update Meeting Date: 10/2/2018
FROM: Michael Codron, Community Development Director
Prepared By: Kyle Bell, Associate Planner
SUBJECT: IMPLEMENTATION OF THE 2018 ZONING REGULATIONS
COMPREHENSIVE UPDATE (TITLE 17 OF CITY’S MUNICIPAL CODE).
RECOMMENDATION
Adopt a resolution (Attachment A) approving the implementation of the 2018 Zoning
Regulations Comprehensive Update and status of development project applications subject to its
implementation, Ordinance No. 1650 (2018 Series).
DISCUSSION
Comprehensive Zoning Update
On September 18, 2018, the City Council voted unanimously to adopt an ordinance which
comprehensively updates the City’s Zoning Regulations, Title 17 of the City’s Municipal Code.
The Zoning Regulations Ordinance will become effective on October 19, 2018, (30 days afte r
Ordinance adoption). Broadly, a project does not “vest” until the applicant spends substantial
sums or incurs substantial liabilities in good faith reliance on an issued permit. An agency
however, can legislatively create an earlier vesting date in order to provide greater certainty and
clarity.
Some State laws though, such as the Subdivision Map Act, only allow an agency to apply the
rules, regulations and policies at the time a vesting tentative tract map is “deemed complete”
which is a term of art under the Permit Streamlining Act. The purpose of the proposed
recommendation and draft Resolution is to provide staff and the public with a clear
understanding regarding which zoning regulations apply to various projects which are at
different stages of the application and permitting process. Specifically, the Resolution states that
only the following projects are subject to updated Zoning Code regulations:
1. Planning or subdivision applications “deemed complete” on or after October 19, 2018;
2. Submittal of a complete building permit application on or after October 19, 2018;
3. Applicants may elect to have their projects processed under the provision of the new code
even if their applications were deemed complete prior to October 19, 2018.
Minor revisions to Municipal Code Chapter 2.48 (Architectural Review Commission), Advisory
Body by-laws, and other minor inconsistencies with City ordinances or policies created by the
2018 Zoning Regulations update will be processed under separate amendments.
ENVIRONMENTAL REVIEW
The project is not subject to the California Environmental Quality Act under the General Rule
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Exemption (CEQA Guidelines Sec. 15061(b)(3) because it can be seen with certainty that there
is no possibility that the activity in question may have a sign ificant effect on the environment.
Establishing the effective date of the 2018 Zoning Regulations Comprehensive Update will have
no effect on the environment.
FISCAL
There is no fiscal impact for establishing the effective date of the new Zoning Regu lations.
ALTERNATIVE
Modify the effective date of development projects – The City Council may provide
modifications to the effective date of the 2018 Zoning Regulations as it applies to specific
development applications.
Attachments:
a - Draft Resolution
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R ______
RESOLUTION NO. _______ (2018 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, IMPLEMENTING THE 2018 ZONING
REGULATIONS COMPREHENSIVE UPDATE (ZONING REGULATIONS
UPDATE, GENP-0327-2017)
WHEREAS, the Planning Commission 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, culminating on June 27, 2018 with a recommendation to the City Council to adopt
amendments to Title 17 of the Municipal Code (Zoning Regulations) to implement the 2014
Land Use and Circulation E lement Updates; 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 to comprehensively update the Zoning
Regulations; and
WHEREAS, the City Council of the City of San Luis Obispo in the Council Chamber
of City Hall, 990 Palm Street, San Luis Obispo, California on September 18, 2018, adopt ed the
2018 Zoning Regulations Comprehensive Update; and
WHEREAS, by this Resolution, the City Council desires to provide staff and the public
with greater certainty and clarity regarding the implementation of the 2018 Zoning Regulations
Comprehensive Update.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Environmental Review. The project is not subject to the California
Environmental Quality Act under the General Rule Exemption (CEQA Guidelines Sec.
15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in
question may have a significa nt effect on the environment. Establishing the effective date of the
2018 Zoning Regulations Comprehensive Update will have no effect on the environment.
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Resolution No. _______________ (2018 Series) Page 2
R ______
SECTION 2. Action. The following project applications shall subject to updated
Zoning Regulations as set forth in Ordinance No. 1650 (2018 Series):
1. Planning applications which have been “deemed complete” on or after October 19,
2018.
2. Submittal of a complete building permit application on or after October 19, 2018.
3. Applicants may elect to have their projects processed under the provision of the new
code even if their applications were deemed complete or submitted prior to October 19,
2018.
Upon motion of _______________________, seconded by _______________________, and on
the following roll call vo te:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this 2nd day of October 2018.
____________________________________
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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