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HomeMy WebLinkAbout0604r 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 ttT /1 TTInnT ?iT7 `�TmnT /'YTT\TTTT/"�A MTl1TT TTTAIT I'TTT[T TA/'1T7 TMTT Q% DETIA r1'l-j'L"Ay V1,1�111'111ir1 TIA Vl ±I 1'L�f,1L'r t-r—S CAN A0G01`i ',1ODAT THE INCREASED BURDE1 RESULTING THERE- FROM; AND PROVIDING A MANDATORY PROCEDURE FOR PLANNING !In'\/aTTQ0Tn-..7 A1TT`. fInTMWITT T)iTT7TVT.7 A'..7T1 f1nT�DVf1rrT(1T7 CVP V Vl'J.LliV Vl VL\ C11 \L! VVIJ lYV 1.L 1W V 11J YY C.ILY LJ VVl \LWVliVl\ VL 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 I,, r i:i in nr•r•ri'rrl•lnr • r. X,611) I nvnl 1 r r.! r,rl it rirnrnrlrri nC 1' Ll� L JU1'1'1�L• JJlUIV 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.