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ORDINANCE NO. 604 (1974 Series)
AN ORDIN `4CE OF THE CITY OF SAN LUIS OBISPO ADDIT-dG
PROVISIONS TO THE MUNICIPAL CODE PROHIBITING
APPPOVAL OF REAL PROPERTY DIVISIONS, ZONITreG CHA IGES,
ANNEXATIONS, USE PERMITS, AND BUILDING P PR1,1ITS PRIOR
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CAN A0G01`i ',1ODAT THE INCREASED BURDE1 RESULTING THERE-
FROM; AND PROVIDING A MANDATORY PROCEDURE FOR PLANNING
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DEFICIENCIES.
WHEREAS, the overburdening of City water, sewage, fire
hydrant and park facilities is inimical to the public health, safety
and welfare; and
WHEREAS, this Council desires to implement a policy which
will assure that the City will approve or authorize only those
developments which will be served by adequate City facilities;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City
of San Luis Obispo as follows:
SECTION 1. Article II of the Municipal Code is hereby
amended by adding Chapter 8, Sections 2800. through 2800.5
as follows:
(.See following pages.)
NOT FINALLY PASSED
sect'lVll 2600.1. Lteport l.o 1lan -n1.ng VomnunlssJ on.
If any application for construction, development or other
City approval is denied pursuant to the provisions of the preceding
,°,.cnt1on each departTMent head who 1s 'unable to make the required
determination shall file.a report with the Planning Commission.
Said report shall include, without limitation, a detailed descrip-
tion of the inadequacies together with recommendations for the
correction thereof, and shall be filed with the Planning Commission
within five (5) days.
Section 2800.2. Review by Planning Commission.
Upon receipt of the report, the Planning Commission shall
hold one or more public hearings concerning the City facilities
needed to provide adequate service for the proposed development
or construction, and within fourteen (14) days after the conclusion
of the hearing. the Commission shall submit a report to the
Council recommending additional facilities, zoning changes, or
other remedial measures deemed necessary by the Commission.
Section 2800.3. Review by City Council.
Upon receipt of the report from the Planning Commission,
the Council shall consider the report at its next regular meeting,
and shall order such further meetings, consideration and action
as the Council finds necessary to protect the public health, safety
and welfare. Every reasonable effort shall be made to expedite
the Council's findings.
Section 2800.4. Exemptions.
The prohibitions herein shall not apply to:
(1) Construction authorized by a valid and unexpired
building permit which was issued by the City on or before
the date of adoption of this ordinance.
(2) Construction of alterations or additions to existing
dwelling units which do not constitute a division of any
dwelling unit into two or more units.
(3) Remodelling, repair, or construction which does not
increase the occupancy load or change the intended use of a
structure.
(4) Construction of single family residences upon fully
improved lots in subdivisions which have been approved,by
the City prior to the adoption of this ordinance.
(5) Construction of mobilehomes within mobilehome parks,
or portions thereof, which were fully developed and improved,
or within which the installation of improvements and utilities
had actually commenced, prior to adoption of this ordinance.
(6) Construction of public works other than buildings.
(7) Construction which has been specifically approved
by the City within the past twelve (12) months after com-
pliance with the procedures set forth herein; provided,
however, the Director of Planning may extend the time
limitation to twenty -four (24) months if he finds (1) that
the project is of such magnitude that the additional time
is reasonably required and (2) that the applicant has
proceeded with reasonable diligence.
Section 2800.5. Criteria and Standards.
The Council shall adopt by resolution criteria and standards
for departmental use in making the determinations required herein,
and may amend said criteria and standards from time to time as the
Council deems necessary.
SECTION L. This ordinance, together with the ayes and noes,
shall be published once in full, at least three days before 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 days after its said final passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City
of San Luis Obispo at a Regular Meeting thereof held on the 4th
day of February, 1974, on motion of Councilman Gurnee, seconded
by Councilman Graham,.and on the following roll call vote:
AYES: Councilmen Graham, Gurnee and Mayor Schwartz
NOES: Councilmen Brown and Norris
ABSENT None
ATTEST:
H
SUPERCEDED BY .0689.
689
ORDINANCE NO. 604 -A (1974 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO ADDING PRO-
VISIONS TO THE MUNICIPAL CODE REQUIRING THE MAINTENANCE
OF CURRENT DATA ON THE CITY'S BASIC RESOURCES; ESTABLISH-
ING TWO LEVELS OF IMPACT BY SAID RESOURCES UPON DEVELOPMENT;
PROHIBITING DEVELOPMENT PRIOR TO THE AVAILABILITY OF ADEQUATE
LEVEL 1 RESOURCES; AND PROVIDING A MANDATORY PROCEDURE FOR
CITY REVIEW AND CORRECTION OF.RESOURCE DEFICIENCIES.
WHEREAS, overburdening of City facilities and resource capabilities
is inimical to the public health, safety.and welfare; and
WHEREAS, this Council desires to implement a policy which will assure
that the City will approve or authorize only those developments which will
be served by adequate City facilities; and
WHEREAS, the City has the responsibility to determine the availability
and adequacy of municipal services and resources to any property in the
City of San Luis Obispo and to make that information available to the
public; and
WHEREAS, the citizenry of the City have the right to know the con-
dition of the City's resources at all times in order that the City's costs
for proposed increases in resource inventories can be measured against
development benefits to the community; and
.WHEREAS, this Council believes that it should be the responsibility
of the City to assure that there are adequate City facilities to serve
expected and reasonable growth in accordance with the policies adopted in
the General Plan;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San
Luis Obispo as follows:
SECTION 1. Article II of the Municipal Code is hereby amended by
adding Chapter 8, Sections 2800 through 2800.7 as follows:
Ordinance No. 604 -A -2- X1974 Series)
Section 2800. Resource Capability.
The City shall develop and maintain up -to -date and reliable infor-
mation on the current and future capability of the City's basic resources
as follows:
A. Level 1. Life and Safety Support Systems.
(1) Water - supply, distribution, availability for fire
suppression.
(2) Sewer - collection and treatment.
(3) Flood Control - storm drainage.
B. Level 2. Safety and Security Services.
(1) Fire.
(2) Police.
(3) Circulation - pedestrian and vehicular.
(4) Social, cultural, and educational'- youth centers, libraries,
schools.
(5) Parks and open space.
C. General.
(1) Land by use category.
(2) Air quality and airshed capacity.
Section 2800.1. Determination Required by Department Heads.
A. Level 1 - No authorization.or entitlement for new development or
construction, and no agreement or other arrangement requiring the City to
commit or reserve any increased portion of its resource inventory for the
use of any other entity, agency or organization, shall be approved or
issued by the City prior to the filing of a written statement by each
responsible City department head determining that the proposed development
or construction can be adequately accommodated without overloading the
City's Level 1 resources which already exist, or which will be in existence
prior to construction or occupancy.
Said authorizations or entitlements shall include, without limitation,
building permits, use permits, subdivision and parcel maps, planned develop-
ments, rezonings, annexations, and all other actions or projects which
could result in an increased burden upon the City's Level 1 resources.
Ordinance No. 604 -A -3- (1974 Series)
B. Level 2 - Each City department shall review and analyze each request
for any such authorization or entitlement or for any such agreement or
arrangement to determine the impact thereof upon the City's Level 2 resources.
If the granting of said request would overburden any Level 2 resource, the
responsible department head shall prepare a report and the City shall hold
hearings thereon as hereinafter set forth. However, the overburdening of
said resource shall not be a reason for said department head to withhold
or delay approval of said request.
Section 2800.2. Report to Planning Commission.
If any request for construction, development or other City approval
or agreement is denied pursuant to the provisions of the preceding section,
each department head who is unable to make the required determination shall
file a report with the Planning Commission. Said report shall include,
without limitation, (1) a detailed description of the City facility
inadequacies which prevent preparation of said statement, (2) a detailed
graphic and written description of the total area affected by said facility
inadequacies, and (3) recommendations for the correction of said in-
adequacies. Said report shall be filed with the Planning Commission within
ten (10)_working days after the application for the entitlement has been
presented to the department.
Section 2800.3. Review by Planning Commission'.
Upon receipt of the report, the Planning Commission shall hold one or
more public hearing(s) concerning the City facilities needed to provide adequate
service for the proposed development or agreement, and within fourteen (14)
days after the conclusion of the hearing the Commission shall submit a
report to the Council recommending additional facilities, zoning changes,
or other remedial mitigation measures deemed necessary by the Commission.
Section 2800.4. Review by City Council; City Responsibility to Resolve
Deficiencies.
Upon receipt of the report from the Planning Commission, the Council
shall consider the report at its next regular meeting, and shall order
such further meetings, consideration and action as the Council finds
necessary to protect the public health, safety and welfare. Every
reasonable effort shall be made to expedite the, Council's findings.
If the report being considered by the Council concerns a requested
authorization or entitlement which has so far been denied because of
deficiencies of Level 1 facilities, the Council meeting shall be held
as a public hearing and notice of said public hearing shall be given
in the manner provided in the zoning ordinance for appeals to the City
Council from decisions by the Planning - Commission.
If the Council approves a requested authorization or entitlement
without the aforesaid certification by the responsible department head,
the Council shall state �ri the minutes:
Ordinance No. 604 -A -4- (1974 Series)
(1) The - specific reasons for said Council action; and
(2) The specific mitigation measure designed to alleviate said
inadequate facilities.
It shall be the responsibility of the City to take action to
alleviate resource deficiencies in accordance with sound fiscal and
planning policies.
Section 2800.5.
Exemptions.
The prohibitions herein shall not apply to:
(1) Construction authorized by a valid and unexpired building permit
which was issued by the City on or before the date of adoption of this
ordinance.
(2) Construction of alterations or additions to existing dwelling units
which do not constitute a division of any dwelling unit into two or more
units.
(3) Remodeling, repair, or construction which does not increase the
occupancy load or change the intended use of a structure.
(4) Construction of single family residences upon fully improved lots
in subdivisions which have been approved by the City prior to the adoption
of this ordinance. "Fully improved" shall mean that curbs, gutters, streets,
and all utilities have been already installed.
(5) Placement of mobilehomes within mobilehome parks, or portions
thereof, which were fully developed and improved, or within which the in-
stallation of improvements and utilities had actually commenced, prior
to adoption of this ordinance.
(6) Construction of public works other than buildings.
(7) Construction which has been specifically approved by the City
within the past twelve (12) months after compliance with the procedures
set forth herein; provided, however, the Director of Development Services
may extend the time limitation to twenty -four (24) months if he finds
(1) that the applicant has proceeded with reasonable diligence, and
(2) that the project is of such magnitude that the additional t.ime is
reasonably required.
Section 2800.6.
Criteria, Standards and Policies.
The Council shall adopt by resolution criteria, standards and policies
for departmental use in making the determinations required herein, and may
amend said criteria, standards and policies from time to time as the Council
deems necessary. No such resolution or amendment thereto shall be adopted
without first holding a public hearing thereon at least ten (10) days after
publication of notice of said hearing. The absence of any particular criteria,
standards, or policies shall not, in itself, be the reason for denial of
permits.
Ordinance No. 604 -._ -5- �.,974 Series)
Section 2800.7. Resource Inventory.
The City has the responsibility to maintain its total resource inventory
constantly up -to -date. However, if a department head is unable to make the
aforesaid determination for a given proposal due to inadequacy of the City's
resource inventory, said department head shall immediately conduct localized
investigations to ascertain the status of resource capabilities for said
project. If, after said,investigations, said resource capabilities still
cannot be ascertained, within five (5) working days the department head
shall forward to the City Council and the Planning Commission a detailed
report giving the reasons for inability to do so and the information
ascertained concerning said capabilities.
SECTION 2. This ordinance, together with the ayes and noes, shall be
published once in full, at least three days before 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 days after
its said final passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis
Obispo at a Regular Meeting thereof held on the 18th day of November, 1974,
on motion of Councilman Norris, seconded by Councilman Gurnee, and on the
following roll call vote:
AYES: Councilmen Brown, Graham, Gurnee,.Norris and Mayor Schwartz
NOTE: None
ABSENT: None
ATTEST:
FINALLY PASSED this 2nd day of December, 1974,
by the following roll call vote:
ATTEST:
AYES: Councilmen Gurnee, Graham, Norris and Mayor Schwartz
NOES: None
ABSENT: Councilman Brown
patrick, City Clerk
\VATER SUPPLY
Clll.'1'1 �R1A, STANDARDS AND POLICIES "OR
�-' ORDINANCE NO. 604 -A
Precautionary Action Point
EXHIBIT "1"
November 18, 1974
Wlien consumption for all customers served by the City water utility within a previous twelve (12)
month period, of time totals 6,500 acre feet of water from all supply sources, the City's Utilities
Engineer shall schedule a public hearing in accordance with Level 1. reporting procedures.
Critical Point
When consumption for all customers served by the City water utility within a previous twelve (12)
month period of time totals 7650 acre feet of water from all supply sources, the City's Utilities
Engineer shall schedule a public hearing in accordance with Level 1 reporting procedures.
Note: The City water utility is presently supplying about 5900 acre feet of water per year. It is
anticipated that Nve will be using 6500 acre feet of water per year by 1979. The City has an
entitlement from the State of 7650 acre feet of water from all sources. This gives the City the
minimum and necessary ten (10) year time frame in which to seek a greater entitlement and
develop alternate supply resources.
WATER DISTRIBUTION
Precautionary Action Point
If water pressures in any pressure zone or area of the City are found to be outside the 40 to 100
psi range, the City's Utilities Engineer shall determine whether or not a public hearing shall be
held in accordance with Level .1. reporting procedures.
Critical Point
I.1 water pressures in any pressure zone or area of the City are found to be inadequate according
to State standards, the City's Utilities Engineer shall determine whether or not a public hearing
shall. be held in accordance with Level 1 reporting procedures.
Note: Domestic Nvater.reduirements within the distribution system are in most cases less than
fire 1 "Low requirements. Recommended standards for water distribution systems include the
combined domestic and fire :requirements. The greater portion of the water required would normally
be attributed to fire protection requirements. State standards for water pressure provicle for a
greater range of pressures than the precautionary action point range and pressures at the extreme
ends of the State range are critical., especially where lines have deteriorated. It is recommended
that the City's Utilities Engineer be given the option whether or not to schedule public hearings
because it may be possible that problems are very temporary or that they can be resolved by
)Waking mechanical adjustments in the system.
WATER TREATMENT
Precautionary Action Point
If treated water volumes exceed eight million gallonsper day (8MGD) at treatment plant No. 2 for
one consecutive three -clay period or if the total quantity of stored water drops to twelve million
gallons (12 MG) the City's Utilities Enghicer shall schedule public hearings in accordance with Leve
1 reporting procedures.
Critical Point
If treated water volumes exceed eight million gallons per clay (81MGD) at treatment plant No. 2 for
two consecutive three (3) clay periods within the same ca.lejidar year or if the total quantity of stored
water drops to eight million gallons (8 MG), nl e City's Utilities Engineer shall schedule public
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Precautionary Action Poii1�_
Tire suppression .facilities shall have reached the precautionary action point when: (1) the
difference between available water supply and fire G.ow requirements at the project site is less
than twenty -five percent (25;� of the required fire flow; or, (2) it becomes apparent that further
developmentwith.in a pressure zone may reduce available fire flows to the extent that portions
or all. of the zone will not meet fire protection standards.
A study will be made to determine what the available fire flow is and whether or not further
coiist uction can be a.l.lowed in that zone. if it is found that all. or portions of a pressure zone
do not meet the standards stated above, or these standards are exceeded, the City's Utilities
En,,ineer shall. schedule a pubkic hearing in accordance with Level 1 reporting procedures.
When response time to a proposed project exceeds the current four minute. response time standard,
an additional amount of response time may be acceptable if fire protection features are incorporate(
into a project so as to effectively meet the four- minute response time standard. When response
time to a proposed project exceeds the current four minute response time standard, and there is
no acceptable method by which offsetting fire protection features can be incorporated into the
project so as to effectively meet the four- minute response time standard, the City's Fire
Chief: shall schedule a public hearing in accordance with Level 2 reporting procedures.
Critical Point
Fire suppression facilities shall have reached a critical point when: (1) The difference between
available water supply and fire flow requirements at the project site is more than twenty-five
percent (25,/,) of the required fire flow, or (2) It becomes apparent from studies that have been
made of a pressure zone that "there is an inadequate amount of water available to meet fire flow
requirements in all or portions of the zone, the City's Utilities Engineer shall schedule a public
hearing in accordance witi Level 1 reporting procedures.
SEWEP. COLLECTION
Precautionary Action Point
When sewer mains reach ninety percent (900z,� of design or actual capacity and there is undeveloped
land within the contributing area which if developed in accordance with the latest adopted General
Plan would generate enou(;li sewerage to overload the line, the Cities Utilities Engineer sliall schedtl
puhl.ic liea.rings in accordance with Level 1. reporting procedures.
Critical. Point
When sewer mains flow full without surcharge this sliall be considered maximum and critical capacit
Certain exceptions to this may be made if a transmission or trunk line has no lateral connected
to it. A surcharge or pressure condition may be allowed if there is no possibility of interrupted
service to customers or property damage'. If a surcharge or pressure condition becomes critical,
the City's Utilities Engineer shall schedule a public hearing in accordance with. Level 1 reporting
procedures.
SEWER TREATMENT
Precautionary Action Point
The City sewer treatment plait shall be considered as having reached the precautionary action
point when average daily flows reach four and one-half million gallons per dati, (}, 5 N1CD) . The
City's Utilities h:ngineer shall scliedu.le public hearings in accordance witli Level. 1 reporting
f)ruce(lurey.
discharge quality requiren)ents as established by the State Watel_ Quality Control Board. The
City's Utilities Engineer \'� schedule a public hearing in acct lace with Level 1 reporting
I;i ocedures .
Note: The precautionary action point volume of four and one -half million gallons per day (4. 5 MGD)
provides for a miniitnum five (5) year time period in which to hind, design and construct
additional treatment facilities.
SEVER LIFT STATIONS
Precautiionary Action Point
A sewer lift station is At the precautionary action point when flows through the station require the
operation of of one pump at ninety percent (90' %) capacity full time. The City's Utilities Fngineer
shall. schedule a public ]gearing in accordance with Level 1 reporting procedures.
Critical Point
A sewer lift station is at full capacity when the station is handling Vows requiring the operation of
one pump at one hundred percent (100 %) capacity full time. Elie City's Utilities Engineer
shall schedule a. public hearing in accordance with Level l reporting- procedures.
FLOOD CONTROL,
No recommended standard,
Note: Policies, standards and criteria for flood control will be developed following completion
and adoption of the Loire 9 study that is now in progress,
POLICE SERVICE
Precautionary Action .Point
The precautionary action point will. be reached when the City's population totals 41,000 people or th
incorporated area of the City totals eleven (11) square miles. The City's Police Chief shall
schedule a public hearing in accordance with Level 2 reporting procedures.
Critical Point
The critical point will be reached when the City's population totals 42,500 people or the incorporate
area of the City totals twelve (12) square miles.. The City's Police Chief shall schedule a
public hearing in accordance with Level 2 reporting procedures.
PEDESTRIAN CIRCULATION
No recommended standard
VF'I-IICULAR CIRCULATION
The standards noted below are applicable to the City's local street system to the nearest point of
sale access onto an arterial roadway. State highways and arterial streets are exempted from
this standard. The exempted streets include those shown as major streets on the latest adopted
Street and Highway Plan Map of the City of San Luis Obispo as amended through January, 1971
by City Planning Commission Resolution No. 21=10. Any future project generating less than
one hundred average (Lady trims (100 ALIT) will ]x exempt from Ordinance 604 procedures.
3.
Precmitionary Action Poinl -�
City streets shall be at tl�irecautionary action point when trA`4c in the thirtieth greatest peak
Hour in any calendar year exceeds ninety percent (90%) of the theoretical capacity as determined
in the charts and factors from the Institute of Traffic and Transportation Engineers manual
"Fundamentals of Traffic Engineering. " The City Engineer shall schedule public hearings in
accordance with Level 2 reporting procedures. .
Critical Point
City streets shall be at the critical point when traffic in the thirtieth greatest peak hour in any
calendar year exceeds oiie hundred percent (1000) of the theoretical capacity as determined
in the charts and factors from the Institute of Traffic and Transportation Engineers manual.
"Fundamentals of Traffic Engineering. " The City Engineer slial..l schedule public hearings in
accordance witli Level 2 reporting procedures.
Note: It is recommended that an annual reporting system be established for arterial streets and
highways. Tliis report would delineate areas in which traffic volumes are approaching capacity
for both City and State administered facilities.
SOCIAL FACILITIES
No recommended standard.
LIBRARY FACILITIES
No recommended standard.
SCHOOLS
No recommended stancUrd.
Note: Dr. Jolin Perko with the Spin _Luis Coastal Unified School District advises us that the school
district will provide public education facilities regardless of where and at. what rate the City of
San Luis Obispo develops,
PARKS & OPEN SPACE .
Precautionary Action Point
The precautionary action point is when a proposed project is within a lial.f mile radius of an
existing or proposed recreation facility, either City, School, or joint facility, but the facility is
not accessible, fully developed, or capable of providing a futi scope of neigli.borhood recreation
opportunity for the physical, mental and social welfare of City residents. An exemption from this
statement is the "old town" area sliowh in blue on Exhibit "A" dated November 12, 1974. The
Director of Parks and Recreation shall schedule public hearings in accordance with Level 2
reporting procedures.
Critical Point
The critical point is wlien a proposed project is not within a half mile radius of an acceptable
recreation facility, either City, School, or joint facility. An exemption from this statement is
the "old town" area shown in blue on Exhibit "A" dated November .12, 1971. The Director of
Parks and Recreation shall schedule public hearings in accordUnce with Level 2 reporting procedure,
LAND BY USE CATEGOR'
Precautionary Action Point
Whenever a development proposal exceeds the. General Plan designated average density but
is consistent with existing zoning, the Director of Planning shall schedule hearings in accordance
with Level 2 reporting procedures, identifying the inconsistently zoned area and estimating the
cumulative affect of the proposed density versus the General. Plan recommended density.
Critical Point
Whenever a proposed development differs in land use type or, by its individual contribution to
neigliborhood density. exceeds the average density as designated on the General Plan for the
subject area, the Director of Planning shall schedule hearings in accordance tvitli Level 2
reporting procedures. In addition to precautionary considerations, the Director shall. suggest
appropriate remedial or mitigation measures to .resolve such inconsistencies.
5.