Chapter 17.88


17.88.010    Purpose and justification.

17.88.020    Allocations.

17.88.030    Periodic city council review and consideration of revisions.

17.88.010 Purpose and justification.

A. The regulations codified in this chapter are intended to assure that the rate of population growth will not exceed the city’s ability to assimilate new residents and to provide municipal services, consistent with the maximum growth rates established in the general plan. Also, these regulations are to assure that those projects which best meet the city’s objectives for affordable housing, infill development, open space protection, and provision of public facilities will be allowed to proceed with minimum delay.

B. San Luis Obispo is a charter city, empowered to make and enforce all laws concerning municipal affairs, subject only to the limitations of the city charter and the constitution and laws of the state. Regulation of the rate of residential development is a reasonable extension of municipal authority to plan overall development in furtherance of the public health, safety and general welfare.

C. According to the general plan land use element, the city should achieve a maximum annual average population growth rate of one percent. The reserve of developable land within the city and the capacity of proposed annexations could sustain growth rates which would exceed the objectives of the general plan.

D. The growth rate policies of the general plan reflect the city’s responsibility to accommodate a reasonable share of expected state and regional growth.

E. To avoid further imbalance between the availability of jobs and of housing within the city, the general plan also manages expansion of growth-inducing activities. The burdens of growth management are not being placed solely on the residential sector, since it largely responds to demands caused by other sectors.

F. Considering the likely levels of housing demand and construction throughout the housing market area, nearly coinciding with San Luis Obispo County, these regulations are not expected to affect the overall balance between housing supply and demand in the market area. These regulations will not impede and may help meet the needs of very low-, low- and moderate-income households. (Ord. 1550 § 1, 2010: Ord. 1459 § 3 (part), 2004: Ord. 1359 § 3 (part), 1999)

17.88.020 Allocations.

A. Each specific plan shall adopt a phasing schedule that allocates timing of potential residential construction, including phasing of required improvements, consistent with the general plan and with these regulations.

B. The limitations on residential development established by these regulations apply to new residential construction within certain areas that have been annexed to the city or that will be annexed to the city. Development in such areas is subject to development plans or specific plans which shall contain provisions consistent with these regulations.

C. Allocations shall be implemented by the timing of issuance of building permits.

D. Dwellings affordable and enforceably restricted to residents with extremely low, very low, low or moderate incomes, as defined in the city’s general plan housing element, and new dwellings in the downtown core (C-D zone as shown in the most official zoning map) shall be exempt from these regulations. Enforceably restricted shall mean dwellings that are subject to deed restrictions, development agreements, or other legal mechanisms acceptable to the city to ensure long-term affordability, consistent with city affordable housing standards. In expansion areas, the overall number of units built must conform to the city-approved phasing plan.

E. It shall not be necessary to have dwellings allocated for a particular time interval or location to process and approve applications for general plan amendment, zone change or other zoning approval, subdivision, or architectural review. (Ord. 1550 § 2, 2010: Ord. 1459 § 3 (part), 2004: Ord. 1359 § 3 (part), 1999)

17.88.030 Periodic city council review and consideration of revisions.

A. The community development department shall provide status updates to the city council concerning implementation of these regulations, coordinated with the annual report on the general plan. The status update will describe actual construction levels and suggest if revisions are necessary to maintain the city’s one percent growth rate.

B. Repealed by Ord. 1550.

C. Repealed by Ord. 1550.

D. Repealed by Ord. 1550.

E. Repealed by Ord. 1550. (Ord. 1550 § 4, 2010; Ord. 1459 § 3 (part), 2004: Ord. 1359 § 3 (part), 1999. Formerly 17.88.040)