HomeMy WebLinkAbout1507ORDINANCE NO. 1507 (2007 Series)
AN ORDINANCE OF THE CITY COUNCIL OF SAN LUIS OBISPO AMENDING TITLE 16
(SUBDIVISIONS) OF THE MUNICIPAL CODE, THE CITY'S SUBDIVISION REGULATIONS
TO ACCOMMODATE AIRSPACE SUBDIVISIONS AND TO INCORPORATE MINOR
TEXT AMENDMENTS (TA/ER 75 -07)
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 13, 2007 and
recommended approval of amendments to the Citywide subdivision regulations to accommodate Airspace
Subdivisions and to incorporate minor text 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 July 17, 2007, for the
purpose of considering Application TA/ER 75 -07; and
WHEREAS, notices of said public hearings were made at the time and in the manner required by
law; and
WHEREAS, the Council has reviewed and considered the Addendum to the adopted Negative
Declaration of environmental impact for the project; and
WHEREAS, the Council has duly considered all evidence, including the recommendation of the
Planning Commission, testimony of interested parties, and the evaluation and recommendations by staff,
presented at said hearing; and
WHEREAS, the City Council finds that the proposed text amendment is consistent with the
General Plan, the purposes of the Subdivision Map Act, and other applicable City ordinances.
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Environmental Determination. The City Council finds and determines that the
addendum to the Negative Declaration adequately addresses the potential environmental impacts of the
proposed text amendment to the Subdivision Regulations, and reflects the independent judgment of the
City Council. The Council hereby adopts said addendum to the Negative Declaration.
SECTION 2. Findings. The City Council makes the following findings:
1. The proposed amendments are necessary to accommodate the evolution of commercial real -
estate and to accommodate a recognized form of subdividing properties known as "Airspace
Subdivisions ". Airspace subdivisions will benefit both private development and local jurisdictions by
allowing the individual ownership boundaries (real lot lines) to be created within a single building.
2. The proposed amendments will allow the City's Subdivision Regulations to be consistent with
the description of subdivisions as recognized by the Department of Real Estate and as adopted by the
Davis - Sterling Act.
01507
Ordinance No. 1507 (2007 Series,
Page 2
3. The proposed amendments will recognize current development trends and allow for the
incorporation of necessary subdivision amenities and appropriate subdivision design standards as
recognized by the City's recently adopted Community Design Guidelines.
4. The proposed amendments will not significantly alter the character of the neighborhoods or
cause significant health, safety or welfare concerns, since the regulations do not alter the density,
character, or allowed uses within the City. Instead, the regulations define the logical interpretation of
ownership boundaries and the municipal procedures surrounding the establishment of such ownership
boundaries.
5. The proposed amendments will not result in significant impacts to the environment, therefore
the draft addendum to the adopted Negative Declaration is appropriate for the scope of the text
amendment.
SECTION 3. Action. Title 16 (Subdivisions) of the San Luis Obispo Municipal Code is hereby
amended as set forth below.
- 1. Existing section 16.08.040 (Subdivisions Creating Five or More Parcels, Lot Line
Adjustments Involving Five or More Parcels: Tentative Map and Final Map) of Chapter 16.08 (Types of
Maps Required) of Title 16 (Subdivisions) of the San Luis Obispo Municipal Code is hereby repealed. .
2. New Section 16.08.040 (Subdivisions Creating Five or More Parcels, Lot Line
Adjustments Involving Five or More Parcels: Tentative Map and Final Map) of Chapter 16.08 (Types of
Maps Required) of Title 16 (Subdivisions) of the San Luis Obispo Municipal Code is hereby adopted to
read as follows:
Unless exempt under Section 16.02.050 or qualified for processing pursuant to Section 16.08.040 below, a
tentative or vesting tentative and final map are required for all subdivisions creating five (5) or more
parcels, Lot Line Adjustments involving five or more parcels, residential condominiums and townhouses
with five or more units, stock cooperative apartment units, a community apartment project containing five
(5) or more parcels or an airspace subdivision containing five (5) or more parcels. A final map is utilized
as the recording instrument for a subdivision involving five or more parcels.
3. Existing section 16.10.020 (Tentative Map: Form and Contents) of Chapter 16.10
(Tentative Maps) of Title 16 (Subdivisions) of the San Luis Obispo Municipal Code is hereby repealed.
4. New section 16.10.020 (Tentative Map: Form and Contents) of Chapter 16.10 (Tentative
Maps) of Title 16 (Subdivisions) of the San Luis Obispo Municipal Code is hereby adopted to read as
follows:
Unless exempted by the Community Development Director, the tentative map shall be prepared by, or
under the direction of, a licensed land surveyor or a State registered civil engineer authorized to practice
land surveying. The map shall consist of one or more sheets, all of equal size. The scale of the map shall
be one (1) inch equals one hundred (100) feet or larger (not to be in metric unless conversion units are
noted on the map for each dimension). If necessary to provide the proper scale, more than one sheet may
be used, but the relation of the several sheets shall be clearly shown on each.
Ordinance No. 1507 (2007 Series,
Page 3
5. Existing section 16.12.020 (Application Procedures and Requirements) of Chapter 16.12
(Vesting Tentative Maps) of Title 16 (Subdivisions) of the San Luis Obispo Municipal Code is hereby
repealed.
6. New section 16.12.020 (Application Procedures and Requirements) of Chapter 16.12
(Vesting Tentative Maps) of Title 16 (Subdivisions) of the San Luis Obispo Municipal Code is hereby
adopted to read as follows:
A. A statement that Architectural Review approval has been granted, or a complete application
for Architectural Review approval and plans have been filed which will be concurrently
processed with the vesting tentative map for all buildings to be constructed on lots within the
boundary of the vesting tentative map. Tentative Maps that are part of a Planned Development
Zoning application or are part of a Specific Plan are exempt from this requirement.
B. A statement that the vesting tentative map is consistent with the current zoning, or that an
application has been filed for rezoning or prezoning the land which will be processed
concurrently with the vesting tentative map. If a planned development (PD) is required, the
PD shall be processed prior to or concurrently with the vesting tentative map.
7. Existing Section 16.12.025 (Development Inconsistent with Zoning -- Conditional
Approval) of Chapter 16.12 (Vesting Tentative Maps) of Title 16 (Subdivisions) of the San Luis Obispo
Municipal Code is hereby repealed.
8. New Section 16.12.025 (Development Inconsistent with Zoning -- Conditional Approval)
of Chapter 16.12 (Vesting Tentative Maps) of Title 16 (Subdivisions) of the San Luis Obispo Municipal
Code is hereby adopted to read as follows:
Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is
inconsistent with the zoning in existence at that time, that inconsistency shall be noted on the map. If a
change in the zoning or issuance of a planned development rezoning, or use permit is obtained, the
approved or conditionally approved vesting tentative map shall confer the vested right to proceed with the
development in substantial compliance with the change in the zoning, P.D. or Use Permit and the map as
approved.
9. New Section 16.12.030 (Failure to Obtain Architectural Review Approval) of Chapter
16.12 (Vesting Tentative Maps) of Title 16 (Subdivisions) of the San Luis Obispo Municipal Code is
hereby repealed.
10. Existing Section 16.12.030 (Failure to Obtain Architectural Review Approval) of Chapter
16.12 (Vesting Tentative Maps) of Title 16 (Subdivisions) of the San Luis Obispo Municipal Code is
hereby adopted to read as follows:
Unless exempted as described in 16.12.020 B.1 above, approval of a vesting tentative map is contingent
upon architectural review approval of the site improvements and all structures within the boundaries of
the map. If the subdivider filed a complete application for Design Review approval concurrently with
filing the vesting tentative map application and final action has not been taken on the Architectural
Review application, the subdivider may request that the City defer action on the vesting tentative map
application until after final action has been taken on the Architectural Review application, provided that
Ordinance No. 1507 (2007 Series,
Page 4
the subdivider agrees to an extension of any time periods within which the City is legally required to act
on the vesting tentative subdivision map application.
11. Existing Section 16.12.040 (Approval of Vesting Tentative Map) of Chapter 16.12
(Vesting Tentative Maps) of Title 16 (Subdivisions) of the San Luis Obispo Municipal Code is hereby
repealed.
12. New Section 16.12.040 (Approval of Vesting Tentative Map) of Chapter 16.12 (Vesting
Tentative Maps) of Title 16 (Subdivisions) of the San Luis Obispo Municipal Code is hereby adopted to
read as follows:
Approval of a vesting tentative map shall not be granted until after the project has received approval from
the Architectural Review Commission unless exempted as described in 16.12.020 B.1 above. Nor shall
approval of the vesting tentative map be granted unless the review body first determines that the intended
development of the subdivision is consistent with the zoning regulations applicable to the property, in
addition to all other required findings for approval of tentative maps as outlined in Section 16.10.110.
13. Existing Section 16.12.045 (Development Rights) of Chapter 16.12 (Vesting Tentative
Maps) of Title 16 (Subdivisions) of the San Luis Obispo Municipal Code is hereby repealed.
14. New Section 16.12.045 (Development Rights) of Chapter 16.12 (Vesting Tentative Maps)
of Title 16 (Subdivisions) of the San Luis Obispo Municipal Code is hereby adopted to read as follows:
A. When a vesting tentative map is approved or conditionally approved, that approval confers a
vested right to proceed with the development in compliance with the ordinances, policies, and
standards (excluding fees) in effect at the time the tentative map is approved. Consistent with
Subdivision Map Act Section 66474.2, the effective date of the vesting rights shall be the date
the vesting map application is deemed complete.
B. Notwithstanding (A) above, the review body may condition or require an amendment to the
map or disapprove a permit, approval, extension or entitlement, if one of the following applies:
1) Failure to do so will put the residents of the subdivision and/or the immediate community
in a condition dangerous to their health or safety.
2) Action is required to comply with State or Federal law.
15. Existing Section 16.17.010 (Purpose and Applicability) of Chapter 16.17 (Common
Interest Subdivisions and Condominium Conversions) of Title 16 (Subdivisions) of the San Luis Obispo
Municipal Code is hereby repealed.
16. New Section 16.17.010 (Purpose and Applicability) of Chapter 16.17 (Common Interest
Subdivisions and Condominium Conversions) of Title 16 (Subdivisions) of the San Luis Obispo
Municipal Code is hereby adopted to read as follows:
As further described in the definitions section, Chapter 16.26,035, Airspace Subdivisions differ from
Common Interest Subdivisions in that they do not share interest in a common area within the map
boundaries. Instead, airspace subdivisions divide property ownership into three - dimensional spaces, often
Ordinance No. 1507 (2007 Series,
Page 5
stacked upon one another. Airspace condominiums in residential zoning districts are not included in this
category and are instead regulated by the Common Interest Subdivision standards described above and in
Sections 16.17.020 and 16.17.030. Airspace Subdivisions are not allowed within residential zoning
districts and are intended to serve mixed use, multi -story buildings within all commercial zoning districts.
17. Existing Section 16.17.030 (Property Improvement Standards for Common Interest
Subdivisions) of Chapter 16.17 (Common Interest Subdivisions and Condominium Conversions) of Title
16 (Subdivisions) of the San Luis Obispo Municipal Code is hereby repealed.
18. New Section 16.17.030 (Property Improvement Standards for Common Interest
Subdivisions) of Chapter 16.17 (Common Interest Subdivisions and Condominium Conversions) of Title
16 (Subdivisions) of the San Luis Obispo Municipal Code is hereby adopted to read as follows:
A. Common open space. There shall be provided in each project of five or more units a minimum
of one hundred square feet of qualifying open space per unit for projects in the R -3 or R -4
zones and one hundred fifty square feet for projects in the R -2 zone. To qualify, open space
shall have a minimum dimension in every direction of ten feet for open space provided at
ground level or six feet for open space provided on a balcony or elevated deck, and must be
located outside the street yard required by zoning regulations. Common open space need not be
located with each unit.
19. Existing Section 16.017.040 (Application Requirements for Airspace Subdivisions) of
Chapter 16.17 (Common Interest Subdivisions and Condominium Conversions) of Title 16 (Subdivisions)
of the San Luis Obispo Municipal Code is hereby repealed.
20. New Section 16.017.040 (Application Requirements for Airspace Subdivisions) of Chapter
16.17 (Common Interest Subdivisions and Condominium Conversions) of Title 16 (Subdivisions) of the
San Luis Obispo Municipal Code is hereby adopted to read as follows:
In addition to application submittal requirements for Tentative Maps provided in Chapter 16.10, the
following additional information is required in order to complete an application submittal:
A. The tentative map shall provide a cross - sectional drawing showing how the proposed building
or buildings are to be divided into ownership boundaries.
B. Airspace subdivisions are subject to the City's Architectural Review process and require a
separate application for Architectural Review. The information required for the architectural
review application can be found on the City checklist for architectural review applications and
is available at the Community Development Counter. In summary, a development plan that
includes the following information will be required:
1) A site plan with proposed building footprints with property boundaries. All dimensions
shall be clearly labeled.
2) Proposed building elevations with dimensions and floor plans.
3) Parking stalls, driveways and associated public improvements shall be provided and clearly
dimensioned in accordance with the City's Parking and Driveway Standards.
4) A list of property statistics, including any proposed exceptions, shall be-provided on the
Ordinance No. 1507 (2007 Series,
Page 6
plans. The statistics shall include a list of property development standards such as floor
area ratio, coverage, height, and setbacks.
5) Location of easements to allow all lots to access the public right of way.
6) Any other information deemed necessary by the Community Development Director
21. Existing Section 16.17.050 (Property Improvement Standards for Airspace, Subdivisions)
of Chapter 16.17 (Common Interest Subdivisions and Condominium Conversions) of Title 16
(Subdivisions) of the San Luis Obispo Municipal Code is hereby repealed.
22. New Section 16.17.050 (Property Improvement Standards for Airspace Subdivisions) of
Chapter 16.17 (Common Interest Subdivisions and Condominium Conversions) of Title 16 (Subdivisions)
of the San Luis Obispo Municipal Code is hereby adopted to read as follows:
A. All tentative maps creating airspace lots, as defined by Chapter 16.26.035 shall be required to
incorporate a deed restriction which ensures the following:
1) Air space lots shall have access to appropriate public rights of way by means of one or
more easements or other entitlements to use, in a form satisfactory to the Public Works
Director, and Chief Building Official.
2) Parking requirements, inclusionary housing requirements, Building Code requirements, all
other applicable property development standards required by the Zoning Regulations, and
any other technical code requirements affecting the development of the property, shall be
determined for the air space lots as if all lots in the air space subdivision were merged into
the same lot.
B. Individual buildings that are subdivided by an airspace map shall be reviewed as a single
building for purposes of the building code, zoning code, and General Plan policies. Property
development standards including, but not limited to density, lot coverage, floor area ratio,
parking, height, and setbacks shall be calculated as if the subdivided building were within one
lot.
23. Existing Section 16.17.060 (Required Findings for Condominium Conversions) of Chapter
16.17 (Common Interest Subdivisions and Condominium Conversions) of Title 16 (Subdivisions) of the
San Luis Obispo Municipal Code is hereby repealed.
24. New Section 16.17.060 (Required Findings for Condominium Conversions) of Chapter
16.17 (Common Interest Subdivisions and Condominium Conversions) of Title 16 (Subdivisions) of the
San Luis Obispo Municipal Code is hereby adopted to read as follows:
A. That: (1) Any existing deed - restricted affordable housing units shall remain at affordable rates
for the remainder of the recorded agreement or (2) an equivalent number of new units
comparable in affordability and amenities to those being converted are being created as part of
the new project; and that low- or moderate - income persons will not be displaced by the
proposed conversion.
25. Existing Section 16.26.035 (Airspace Subdivision) of Chapter 16.26 (Definitions) of Title
Ordinance No. 1507 (2007 Series,
Page 7
16 (Subdivisions) of the San Luis Obispo Municipal Code is hereby repealed.
26. New Section 16.26.035 (Airspace Subdivision) of Chapter 16.26 (Definitions) of Title 16
(Subdivisions) of the San Luis Obispo Municipal Code is hereby adopted to read as follows:
An Airspace Subdivision for the purposes of these regulations is the three - dimensional subdivision of a
commercial zoned property. Because there are no common areas, an airspace subdivision is not a
condominium project for purposes of the Subdivision Map Act. Legal agreements recorded with the
subdivision define how the lots and uses will function once individual components are sold. Air space lots
are defined as a division of the space above or below a lot, or partially above and below a lot, having finite
width, length, and upper and lower elevations, occupied by a building or portion thereof. An air space lot
shall have access to appropriate public rights -of -way by means of one or more easements. Minimum lot
sizes, lot dimensions, and lot area requirements shall not apply to air space lots. Parking requirements,
setback requirements, building density, floor area ratio, and associated property development standards
shall apply and shall be determined as if all lots, buildings or structures in the airspace subdivision were
merged into the same lot.
SECTION 4. 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 Telegram- 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 17th day of July, 2007, AND FINALLY ADOPTED by the Council of
the City of San Luis Obispo on the 21" day of August 2007, on the following roll call vote:
AYES: Council Members Brown, Carter and Settle, Vice Mayor Mulholland and Mayor Romero
NOES: None
ABSENT: None
4�0"�d' 41"W
Mayor David F. Romero
ATTEST:
— ()Wiv"
Audrey Clerk 1 P MbY CO OW � document 1s a trrW o
and acewaW
City Clerk W1 01O*nar w No. ,L62
and that the ordlnm wa; perished pursuant
APPROVED AS TO FORM: to C ,
Dow avow
onatha . Lowell
City Attorney