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HomeMy WebLinkAbout1108ORDINANCE 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. 01108 4 I Ordinance No.? 1108j'(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 Mayor Dunin seconded by the following roll call vote: and on AYES: Councilwoman Rappa, Mayor Dunin, Councilmembers Pinard and Reiss NOES: None ABSENT: Councilman Settle Mayor RON DUNIN ATTEST: V Cit Clerk PAM VNES APPROVED: City Ad inistrative Officer City Ato rney �Moo- � Community Development Director 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; 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 goA#A; 01VA 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. 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) Section 17.80.080 Coordination of plan amendments A. Internal consistency. 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. ORDINANCE NO. 1108 (.1988 Series) FINALLY PASSED this 5th day of January 1988, on motion of Councilman Settle , seconded. by Mayor Dunin , and on the following roll call- vote: AYES:'-:Councilmembers Settle, Mayor Dunin, Pinard, Rappa, and Reiss NOES: None ABSENT: None Mayor Ron Dunin _ ATTEST: City Clerk Pam U. es �d 4Vyn .