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HomeMy WebLinkAbout08/16/1988, 1 - FINAL PASSAGE OF AMENDMENT TO THE ZONING REGULATIONS CONCERNING MAXIMUM LOT COVERAGE ALLOWED FOR CHURCHES, SYNAGOGUES, AND TEMPLES. ���i�►�N��IIII111�IIu�glUlll MY Of San tins OBISPO Meeting Date: 01 No COUNCIL AGENDA REPORT item No. ss FROM: Michael Multari, Community Development Director SUBJECT: Final passage of amendment to the Zoning Regulations concerning maximum lot coverage allowed for churches, synagogues, and temples. SUMMARY RECOMMENDATION: Grant final passage to attached Ordinance No. 1120. DISCUSSION The council passed the ordinance to print on August 2, 1988, on a 3-2 vote. The ordinance allows churches to increase lot coverage in all zones, subject to approval of a use permit by the Planning Commission. On June 15, the Planning Commission recommended approval of the amendment on a 4-3 vote. Planning staff recommended that the amendment be denied. SIGNIFICANT IMPACTS A negative declaration has been approved for the project. No significant fiscal or other impacts are expected. CONSEQUENCES OF NOT TARING THE RECOMMENDED ACTION Regulations affecting the development of churches will be unchanged. The applicant and other church developments would have to comply with existing coverage limits unless variances were approved. Attachment: Ordinance 1120 �I S ORDINANCE NO. 1120 (1988 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING SECTIONS 17.24 THROUGH 17.48 OF THE ZONING REGULATIONS REGARDING MAXIMUM LOT COVERAGE ALLOWED FOR CHURCHES, SYNAGOGUES, AND TEMPLES WHEREAS, the Planning Commission and the City Council have held hearings to consider an amendment to the zoning regulations regarding maximum lot coverage allowed for churches, synagogues, and temples; and WHEREAS, the City Council finds that the proposed text amendment is consistent with the general plan; and WHEREAS, the proposed amendment has been evaluated in accordance with the California Environmental Quality Act and the city's Environmental Impact Guidelines, and a negative declaration has been granted by the city; and WHEREAS, the proposed text amendment promotes the public health, safety, and general welfare; WHEREAS, the intensity of use typically associated with churches, synagogues, temples, etc., is significantly less than that which is associated with other uses allowed by the Zoning Regulations; and WHEREAS, the patterns of site development and the architecture of churches differs significantly from those of other uses; and WHEREAS, the council desires to allow for the reasonable, efficient and economically feasible development of property for use by churches, synagogues, temples, etc., in a manner which is nonetheless compatible with surrounding uses; and WHEREAS, the maximum lot coverage ratios specified in the Zoning Regulations may be unnecessarily restrictive as applied to development of churches, synagogues, temples, etc. on certain sites in certain zones. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: n i i,)n Ordinance No. 1120 (1988 Series) Page 2 SECTION 1. That the text amendment to Section 17.16.030 of the San Luis Obispo Municipal Code (Zoning Regulations) attached hereto marked Exhibit "A" and included herein by reference, be approved. SECTION 2. After City Council review and consideration, the determination of the Community Development Director to approve a negative declaration is hereby confirmed. 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. INTRODUCED by the Council of the City of San Luis Obispo, at its meeting held on the 2nd day of August . 198 a on motion of Councilman Settle seconded by Councilman Reiss and on the following roll call vote: AYES: Councilmembers Settle, Reiss and Mayor Dunin NOES: Councilmembers Pinard and Rappa ABSENT: None s Mayor Ron Dunin AT City Clerk Pam ges ` —� Ordinance No. 1120 (1988 Series) Page 2 APPROVED: City Administrative Officer City Attooley Community Development Director I EXHIBIT A 17.16.020 Coverage Definition "Coverage" means the area of a lot covered by structures, including accessory structures, expressed as a percentage of the total lot area. Any part of a deck, balcony, or cave which is less than thirty inches from the ground shall not be included in the determination of coverage. Portions of such structures which are more than thirty inches from the ground shall be included in the determination of coverage only if they are more than thirty inches from a building wall; otherwise they shall not be included. (See Figures 5 and 6.) (Ord. 1006 Section 1 (part), 1984; Ord. 941 Section 1 (part), 1982; prior code Section 9202.5 (D)) B Application and Exception Maximum coverage shall be as provided in the specific property development standards for the various zones in Chapters 17.24 through 17.56 inclusive except that the Planning Commission may grant exceptions to maximum coverage for churches synagogues temples etc in any zone subiect to approval of a use permit. ' [CIIIVII r+uuvun � LATEITEM # American Civil Liberties Union .. of San Luis Obispo County P.O. B o x 3 818 1� San Lui 0 9:3403 #Denotes actin M Lead Person by: eCity Atty. E er / August 15, 1988 Mr. Ron Dunin, Mayor ne City of San Luis Obis �/p,U`-rAxr 990 Palm Street San Luis Obispo, Ca. 93403 Dear Mayor Dunin: The Executive Board of the American Civil Liberties Union of San Luis Obispo County is requesting that you defer a final decision on the recommendation to amend the zoning regulations as they relate to lot coverage allowed to churches, synagogues and temples. We feel the matter deserves closer constitutional scrutiny which we plan to research, and we therefore recommend that the City Council defer a final vote to a later date. Sincerely, 6�� Hank Alberts President cc Peg Pinard Penny Rappa Jerry Reiss Allen K. Settle RECEIVED AUG 15 10 t:m«ERK SAN Luis OSIVV.u "Eternal vigilance is the price of Liberty."