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HomeMy WebLinkAbout01/05/1988, 3 - FINAL ADOPTION OF ORDINANCES NOS 1106, 1107 AND 1108 MAKING AMENDMENTS TO THE ZONING ORDINANCE TEXT RELATED TO DENSITY CALCULATIONS, SATELLITE DISH ANTENNAS AND GENERAL PLAN AMENDMENTS, RESPECTIVELY.II ,111►►►jQIIIIIIIp °NjjjjII city of San tins OBISp0 j AWN96 COUNCIL AGENDA REPORT IFROM: Michael Multari,VCommunity Development Director MEEnNG DATE: 1 -5 -87 ITEM NUMBER: SUBJECT: Final adoption of Ordinances Nos 1106, 1107 and 1108 making amendments to the zoning ordinance text related to density calculations, satellite dish antennas and general plan amendments, respectively. CAD RECOMMENDATION: Grant final passage to the ordinances. Each item should be handled separately, with its own hearing, discussion and vote. BACK DISCUSSION On December 15, the City Council introduced various zoning text amendments the zoning text by prescribing maximum unit sizes in the residential density calculations, adding regulations for satellite dish antennas and by al ?owing four amendments each year to the various general plan elements in accordance with recent changes in state law. Because each amendment was discussed separately and voted on separately, each is being treated as a separate ordinance for individual hearing, review and final voting. Regarding the density calculations, the size limits adopted by the council are significantly lower than those recommended by the Planning Commission and staff. The council felt it would be appropriate that various interested parties be given specific notice of this pending amendment. Accordingly, notice has been sent to the Board of Realtors, the local chapter of the American Institute of Architects and the County Building Contractors' Association. This will be the final adoption of these items. SIGNIFICANT IMPACTS A Negative Declaration has been approved for this set of changes; no other significant impacts are expected. CONSEQUENCES OF NOT TAKING THE RECOMMENDED ACTION The text changes will not take effect and present regulations and administrative procedures would continue. Attachments: Draft Ordinances 3-1 ORDINANCE NO. 1106 (1987 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING SECTIONS 17.16.040 TO 17.16.080 OF THE ZONING ORDINANCE (TITLE 17 SAN LUIS OBISPO MUNICIPAL CODE) WHEREAS, the Planning Commission and the City Council have held hearings to consider an amendment to the zoning regulations regarding general plan amendments as illustrated on Exhibit "A" in accordance with the California Government Code; and WHEREAS, the City Council finds that the proposed zoning text amendment is consistent with the general plan; and WHEREAS, the proposed amendment helps promote the public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the Zoning Ordinance (Title 17 of the San Luis Obispo Municipal Code) shall be amended as shown on Exhibit "A" attached hereto and made a part of by this reference. SECTION 2. After City Council review and consideration, the Community Development Director's action to grant a negative declaration pursuant to the City Environmental Procedures and California Environmental Quality Act is hereby affirmed. SECTION 3. This ordinance, together with the ayes and noes, shall be published at least three days prior to its final passage in the Telegram- Tribune, a newspaper published and circulated in said city, and the same shall go into effect at the expiration of thirty (30) days after its said final passage. 3__21 0 1106 Ordinance No. 1106 (1987 Series) Page 2 INTRODUCED by the Council of the City of San Luis Obispo, at its meeting held on the 15th day of December 1987, on motion of Councilwoman Rappa seconded by Councilwoman Pinard and on the following roll call vote: AYES: Councilmembers Rappa, Pinard and Mayor Dunin NOES: Councilman Reiss ABSENT: Councilman Settle U- - - -- - Mayor RON DUNIN ATTEST: SiPALILLA VGGES City Clerk PAM VOGES APPROVED: City A ministrative Officer City Att ney Community Development Director 3-3 Amend Section 17.16.010 regarding residential density standards as follows: 17.16.010 Density A. Determination of Allowed Development. 1. "Density" is the number of the dwelling units per net acre. In the C /OS and R -1 zones, each dwelling counts as one unit. In the other zones, different size dwellings have unit values as follows: a. Studio apartment, no greater than 450 square feet, 0.50 unit; b. One - bedroom dwelling, and no greater than 600 square feet, 0.66 unit; C. Two- bedroom dwelling, and no greater than 1000 square feet, 1.00 unit; d. Three- bedroom dwelling, and no greater than 1600 square feet, 1.50 units; e. Dwelling with four or more bedrooms, or greater than 1600 square feet, 2.00 units. A dwelling with more than the specified area for a given classification will be counted as the next highest classification. In calculating square footage, the gross area shall be counted, excluding the area in the garages intended for parking cars. An area used for laundry, utility or storage space in garages, shall be counted in the calculations. EXHIBIT A 3-¢ ORDINANCE NO. 1107 (1987 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO ADDING SECTION 17.16.110 TO THE ZONING ORDINANCE (TITLE 17 SAN LUIS OBISPO MUNICIPAL CODE) WHEREAS, the Planning Commission and the City Council have held hearings to consider adding a new section to the zoning regulations addressing satellite dish antennas as illustrated on Exhibit "A" in accordance with the California Government Code; and WHEREAS, the City Council finds that the proposed zoning text amendment is consistent with the general plan; and WHEREAS, the proposed amendment helps promote the public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the Zoning Ordinance (Title 17 of the San Luis Obispo Municipal Code) shall be amended as shown on Exhibit "A" attached hereto and made a part of by this reference. SECTION 2. After City Council review and consideration, the Community Development Director's action to grant a negative declaration pursuant to the City Environmental Procedures and California Environmental Quality Act is hereby affirmed. SECTION 3. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published at least five (5) days prior to its final passage in the Telegram- Tribune, a newspaper published and circulated in said city, and the same shall go into effect at the expiration of thirty (30) days after its said 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 interested member of the public. 3 01107 m Ordinance No. 1107(1987 Series) Page 2 INTRODUCED by the Council of the City of San Luis Obispo, at its meeting held on the 15th day of December 1987, on motion of Councilwoman Pinard .seconded by Mayor Dunin and on the following roll call vote: AYES: Councilwoman Pinard, Mayor Dunin and Councilman Reiss NOES: None ABSENT: Councilmembers Rappa and Settle ATTEST: r` VCG;±S City Clerk PAM VOGES APPROVED: City Ad inistrative Officer City Att ney Community Development Director O%R Tjbly Mayor RON DU14IN 3 -6 Add a new section addressing satellite dish antennas: 17.16.110 Satellite Dish Antenna A. Purpose To establish regulations which regulate the installation of dish -type satellite antenna to help protect public safety and preserve view corridors and neighborhood character. B. Definition 1. A satellite dish antenna is a device incorporating a reflective surface that is solid, open mesh, or bar - configured and is in the shape of a shallow dish, cone, horn or cornucopia, that is used to transmit and /or receive radio microwave, or other electromagnetic waves between terrestrially and /or orbitally based use. C. Residential Performance Standards The installation of dish -type satellite antenna may be permitted in all residential zones subject to the following criteria: I. Antenna size: Maximum diameter to be ten feet. 2. Setback: Satellite dish antenna shall not be located in any required setbacks for the underlying zone as indicated in Section 17.16.020. Antennas located outside a street yard setback but between the residence and the street are prohibited. 3. Height: Maximum antenna height to be thirteen feet. Roof - mounted installations or pole- mounted installations attached to eaves are prohibited. Any antenna which may block significant views from neighboring buildings or from public areas shall be subject to architectural review. EyIIIB A 3-7 4. One dish type satellite antenna is allowed per site. This shall be in addition to normal television and radio antennas. 5. All satellite dishes projecting over side or rear yard fences shall be screened from neighboring properties. D. Commercial Performance Standards The installation of dish -type satellite antenna may be permitted in the Office, Commercial, and Industrial zones subject to the following criteria: 1. Installation shall be subject to Architectural Review in accordance with the adopted Architectural Review Commission Ordinance and guidelines. The director shall determine, upon receiving a complete application, whether the project is declared minor or incidental or shall be forwarded to the Architectural Review Commission for review. 2. Installations shall not be permitted within streetyard landscaped areas. 3. Installations shall be located so as to minimize visibility from adjoining properties and right -of -way. E. Exceptions Dish -type satellite antenna installations which cannot meet the performance standards included in paragraphs C and D above, may be considered if an administrative use permit is obtained as outlined by Chapter 17.58. Conditions imposed as part of use permit approval would typically include requirements to minimize the visibility of the installation, including blockage of significant public and private views of hillsides, city vistas, or open space areas. Acceptable techniques to reduce the visibility of dish installations include use of alternative materials (wire mesh instead of solid surface), painting the dish in a subdued or natural color, and landscaped screening. 3-1 F. Open Space /Conservation Standards The installation of dish -type satellite antenna may be permitted in the Open Space /Conservation zone subject to an administrative use permit and subject to Architectural Review in accordance with the adopted ARC ordinance and guidelines. G. Building Permit Required All satellite dish installations require issuance of a building permit. This is to insure that dishes are structurally sound and properly grounded. If allowed by use permit, plans submitted for a building permit for a roof - mounted or pole- mounted installation require certification by a registered engineer. 3% ORDINANCE NO. 1108 (1987 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING SECTIONS 17.16.040 TO 17.16.080 OF THE ZONING ORDINANCE (TITLE 17 SAN LUIS OBISPO MUNICIPAL CODE) WHEREAS, the Planning Commission and the City Council have held hearings to consider an amendment to the zoning regulations regarding general plan amendments as illustrated on Exhibit "A" in accordance with the California Government Code; and WHEREAS, the City Council finds that the proposed zoning text amendment is consistent with the general plan; and WHEREAS, the proposed amendment helps promote the public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the Zoning Ordinance (Title 17 of the San Luis Obispo Municipal Code) shall be amended as shown on Exhibit "A" attached hereto and made a part of by this reference. SECTION 2. After City Council review and consideration, the Community Development Director's action to grant a negative declaration pursuant to the City Environmental ." Procedures and California Environmental Quality Act is hereby affirmed. SECTION 3. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published at least five (5) days prior to its final passage in the Telegram- Tribune, a newspaper published and circulated in said city, and the same shall go into effect at the expiration of thirty (30) days after its said 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 interested member of the public. 3-/() 01108 Ordinance No. 1108 (1987 Series) Page 2 INTRODUCED by the Council of the City of San Luis Obispo, at its meeting held on the 15th day of December 1987, on motion of Councilwoman Rappa seconded by Mayor Dunin and on the following roll call vote: AYES: Councilwoman Rappa, Mayor Dunin, Councilmembers Pinard and Reiss NOES: None ABSENT: Councilman Settle E00 Dunlit Mayor RON DUNIN ATTEST: e/P 14 VOGE3 City Clerk PAM VOGES APPROVED: City Ad inistrative Officer / -7 1 City Atf rney Community Development Director 3 -/l n Amend Section 17.80.040 - 080 regarding general plan amendments as follows: Section 17.80.050 Initiation of amendments - Applications A. Initiation of amendment by Planning Commission or council. The Planning commission or the council may initiate general plan amendments at any time by directing staff to prepare the necessary analysis and scheduling the proposed amendment for consideration at a hearing, as provided in Sections 17.80.00050 A and B. B. Applications to initiate amendments. Any person may request an amendment of the general plan by filing an application with the Department of Community Development. Such application shall include: 1. A description of the proposed amendment, including, as may be necessary, additions or modifications to the text and graphics of adopted general plan elements or reports; 2. A statement explaining how the proposed change will better reflect community desires as expressed in general plan goals and policies; 3. if the amendment involves change of a basic goal or policy, what the change is warranted by new information or reevaluation of community needs; 4. An analysis of how the proposed change will beneficially and detrimentally affect adjacent areas or shared resources. This analysis may take the form of a draft environmental impact report; 5. A description of how the amendment of one policy may reinforce or conflict with related policies, including those in other elements; 6. Such other supporting data as the director may require to enable evaluation of the proposal; ^ � 3-/2 7. A fee sufficient to cover the expected costs incurred in processing the application, to be established by resolution of the council. Section 17.80.050 Schedule for Amendments A. Deadlines for Land Use Element Amendments. In order to be considered during the January general plan Land Use Element amendment hearing, applications must be received by November 15; in order to be considered at the May hearing, applications must be received by March 15; in order to be considered at the September hearing, applications must be received by July 15. B. Schedule of hearings for Land Use Element amendments. Proposed g>sAAtA� 01; $ amendments to the general plan Land Use Element shall be considered by the Planning Commission at regular meetings in January, May and September of each year. One additional proposed amendment may be introduced for consideration at any other time during a calendar year as deemed by the director to be necessary or convenient. Initial hearings for consideration of Land Use Element amendments may be continued from time to time. C. Other elements. Each other element may be amended not more than four (4) times each year. Such amendments may be scheduled at any time deemed necessary or convenient. Section 17.80.060 Planning Commission Actions A. Public hearings notice. The Planning Commission shall hold at least one public hearing before taking action on any general plan amendment. Notice of the date, time, and place of the hearing shall be given at least ten calendar days before the hearing by publications of the notice, describing the nature of the proposed amendment(s), in a newspaper of general circulation within the city. B. Resolution. The approval of the Planning Commission of any amendment to the general plan shall be by resolution of the commission adopted by the affirmative vote of not less than a majority of its total voting members. 3 /3 C. Transmittal to council. Upon approval by the Planning Commission of any general plan amendment or denial of a City Council initiated amendment, it shall be transmitted to the council with the Planning Commission's report and recommendation. D. Appeals. Any denial by the Planning Commission may be appealed to the City Council. E. Other situations. When neither a majority of the commission recommends approval nor a majority of a quorum recommends denial, the Planning Commission may transmit the amendment to the council with a report explaining the situation and stating the recommendations of the individual commissioners. Section 17.80.070 City Council Actions A. Public hearings - notice. Upon transmittal from the Planning Commission or upon appeal from the applicant, the council shall hold at least one public hearing on proposed general plan amendments. Notice of the time, place and subject of the hearing shall be given as provided in Section 17.80.060A. B. Resolution. Any amendment of the general plan shall be adopted by resolution of the council adopted by the affirmative vote of not less than three of its members. C. Referral of council changes. In adopting any general plan amendment which has been approved by the Planning Commission, the council shall not make any substantive changes or additions involving issues not considered by the Planning Commission in their review, until the proposed change or addition has been referred to the Planning Commission for a report and the report has been filed with the council. Failure of the Planning Commission to report within forty calendar days after the referral, or such longer period as may be designated by the council, shall be deemed to be approval of the change or addition. (Prior code 9605) 3/ Section 17:80:080 Coordination of plan amendments A_ Internal coriststency. Changes in policy or land use designations which involve, more than one element shall 'be made as concurrent amendments to the related elements. in order to maintain internal plan consistency: