HomeMy WebLinkAboutItem 06 - Second Reading of Ordinance 1671 (2019 Series) for Palm Nipomo Parking Structure and SLO Rep
Department Name: Community Development
Cost Center: 4003
For Agenda of: December 3, 2019
Placement: Consent
Estimated Time: N/A
FROM: Michael Codron, Community Development Director
Prepared By: Rachel Cohen, Associate Planner
SUBJECT: ADOPTION OF ORDINANCE REZONING PROPERTIES AT 609 & 633
PALM, 610, 614 & 630 MONTEREY, 970 & 972 NIPOMO STREETS FROM
OFFICE WITH A HISTORIC DISTRICT OVERLAY (O-H) AND MEDIUM-
HIGH DENSITY RESIDENTIAL (R-3) TO DOWNTOWN COMMERCIAL
ZONE WITH A HISTORIC DISTRICT OVERLAY (C-D-H), TO BE
CONSISTENT WITH THE PALM NIPOMO PARKING STRUCTURE
PROJECT AND GENERAL PLAN AS AMENDED
RECOMMENDATION
Adopt Ordinance 1671 (2019 Series) (Attachment A) rezoning property at 609 & 633 Palm, 610,
614 & 630 Monterey, 970 & 972 Nipomo Streets.
SITE DATA
DISCUSSION
On November 12, 2019, the City Council voted 3-0-2 to introduce Ordinance 1671 (2019 Series)
to rezone the properties at 609 & 633 Palm, 610, 614 & 630 Monterey, 970 & 972 Nipomo
Streets from Office with a Historic District Overlay (O-H) and Medium-High Density
Residential (R-3) to Downtown Commercial with a Historic District Overlay (C-D-H) to be
consistent with the Palm Nipomo Parking Structure Project and with the General Plan. Ordinance
No. 1671 is now ready for adoption. The Zoning Map change will become effective 30 days after
its adoption.
Applicant SLO Rep and City of SLO
Representative SLO Rep – Bryce Engstrom
City of SLO – Richard Burde
Zoning O-H (Office-Historic District
Overlay) and R-3 (Medium-High
Density Residential)
General Plan Office and Medium-High Residential
Site Area 1.38
Environmental
Status
Certified FEIR and an Addendum
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Item 6
Background
Previous Council and Advisory Body Action
• November 12, 2019 – City Council reviewed and approved the architectural design of a new
performing arts facility and a new parking structure, a deviation in the height and Floor Area
Ratio (F.A.R.) for the parking structure, use permits to allow the SLO Rep Theatre and a
parking structure within the Downtown Commercial Zone and adopted a General Plan
Amendment changing the project site from Office and medium-high density residential to
General Retail. The City Council also introduced changing the zoning of the project site from
Office with a Historic District Overlay (O-H) and Medium-High Density Residential (R-3) to
Downtown Commercial with a Historic District Overlay (C-D-H).
• October 23, 2019 – Planning Commission reviewed the project and recommended that the
City Council approve the project as proposed and made a recommendation that the
forthcoming building that will line the parking structure include residential units, based on
the architectural concept that was presented at the October 23, 2019 Planning Commission
meeting. The Planning Commission made a second motion and recommended the Council
consider developing a process to identify parties to move the adobe and find creative
adaptation for its use.
• September 23, 2019 – CHC reviewed the proposed project plans and recommended the PC
find the Palm Nipomo parking structure compatible with the Downtown Historic District.
They recommended continuance on the review of the Heyd Adobe component of the project
and continuance of the review of the facade design of the SLO Rep Theatre.
• September 16, 2019 – ARC reviewed the revised plans that incorporated their direction and
made a recommendation that the PC find the project consistent with the Community Design
Guidelines with direction that the applicant of the SLO Rep Theatre revise the façade of the
building with better balance and proportion of the wall cladding - specifically, reduce the
variegated terracotta facade at the exterior of the black box theatre and at the upper portion of
the walls of the main theatre projecting above the roof deck level (approximately at the
218.45 foot elevation and above) and soften the contrast of the terracotta tiles with each
other.
• August 19, 2019 – ARC reviewed the proposed architecture of the project and the ARC
continued the review and provided seven directional items to the applicants requesting the
applicants produce elevations and renderings that showed the two structures together and to
include a revised western elevation of the parking structure that had more articulation and
design.
• July 17, 2018 – City Council reviewed and adopted the Final Environmental Impact Report
(FEIR) Palm Nipomo Parking Structure Project. The CHC, ARC and PC each reviewed the
document and provided comments and recommendations to the City Council.
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Item 6
Policy Context
As discussed in the Council Agenda Report dated November 12, 2019, the project is consistent
with policies outlined in the Land Use Element, Circulation Element and the Downtown Concept
Plan.
Public Engagement
Consistent with the City’s Public Engagement and Noticing (PEN) Manual, the project was
noticed per the City’s notification requirements for Development Projects. A legal advertisement
was posted in the New Times 13 days prior to the City Council meeting. Additionally, postcards
were sent to both tenants and owners of properties located within 300 feet of the project site 10
days before the City Council meeting. Public comment on the project and the associated
environmental document was provided to the advisory bodies through written correspondence
and through public testimony at the hearing.
CONCURRENCE
Staff comments provided during review of the proposed project are incorporated into the staff
report and conditions of approval. Additional comments will be provided in the staff report for
the use permit and architectural review regarding public improvement requirements, utility
connections, and other site features once those subsequent applications are received and ready
for consideration.
ENVIRONMENTAL REVIEW
On July 17, 2018, the City Council certified the Final Environmental Impact Report (FEIR State
Clearinghouse Number 2017051011), adopted a Mitigation Monitoring and Reporting Program,
adopted the following CEQA Findings and Mitigation Measures related to the Palm Nipomo
Parking Structure Project, and made a Statement of Overriding Considerations.
On November 12, 2019, the City Council adopted Resolution No. 1671 (2019 Series) adopting
the Addendum to the FEIR changing the land use designation from Public to Downtown
Commercial and the zoning from Public Facility with a Historic Overlay (PF-H) to Downtown
Commercial with a Historic Overlay (C-D-H) to allow for the uses as they are described and
analyzed in the FEIR.
FISCAL IMPACT
Budgeted: N/A Budget Year: 2019-21
Funding Identified: N/A
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Item 6
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund N/A
State
Federal
Fees
Other:
Total
A detailed discussion on the fiscal impact is discussed in the Council Agenda Report dated
November 12, 2019.
ALTERNATIVES
Modify the Proposed Ordinance. The City Council may make minor, non-substantive changes
to the proposed Ordinance for the staff to incorporate in the final documents. Any material
changed to the Final Ordinance would require further review by staff and the Planning
Commission followed by re-introduction of the Ordinance by the Council.
Attachments:
a - Draft Ordinance No. 1671 (2019 Series)
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Item 6
O 1671
ORDINANCE NO. 1671 (2019 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, REZONING PROPERTIES AT 609 & 633 PALM,
610, 614 & 630 MONTEREY, 970 & 972 NIPOMO STREETS FROM
OFFICE WITH A HISTORIC DISTRICT OVERLAY (O-H) AND
MEDIUM-HIGH DENSITY RESIDENTIAL (R-3) TO DOWNTOWN
COMMERCIAL ZONE WITH A HISTORIC OVERLAY (C-D-H)
CONSISTENT WITH THE PALM NIPOMO PARKING STRUCTURE
PROJECT WITH AN ADDENDUM TO THE CERTIFIED
ENVIRONMENTAL IMPACT REPORT AS REPRESENTED IN THE
COUNCIL AGENDA REPORT AND ATTACHMENTS DATED
NOVEMBER 5, 2019 (RZ-0460-2019)
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 October 23, 2019, and recommended a revision to the City’s Zoning Map (Exhibit 1 attached)
consistent with the Palm Nipomo Parking Structure Project as part of the entitlement process for
the project (RZ-0460-2019); 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
November 12, 201 9 , for the purpose of approving the rezone; and
WHEREAS, the City Council finds that the proposed amendments are consistent with
the General Plan as amended, the purposes of the Zoning Regulations, and other applicable City
ordinances; and
WHEREAS, the City Council adopted a Final Environmental Impact Report (FEIR) for
the project (SCH #2017051011) that addressed impacts related to the rezone at its public hearing
of July 17, 2018, and review of the Addendum at its public hearing of November 12, 2019; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by staff, presented at
said hearing.
NOW, THEREFORE, BE IT ORDAINED , by the City Council of the City of San
Luis Obispo as follows:
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Item 6
Ordinance No. 1671 (2019 Series) Page 2
O 1671
SECTION 1. Environmental Determination. The City Council hereby finds that this
action has been environmentally reviewed pursuant to the provisions of the California
Environmental Quality Act (Public Resources Code Sections 21000, et seq. (“CEQA”), the
State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.) and
the City's local standards. On July 17, 2018, the City Council certified the Final Environmental
Impact Report (SCH #2017051011), adopted a Mitigation Monitoring and Reporting Program, and
adopted CEQA Findings and Mitigation Measures, including a Statement of Overriding
Considerations, for the Palm Nipomo Parking Structure Project per Resolution No. 10923 (2018
Series). A Notice of Determination was filed with the San Luis Obispo County Clerk Recorder’s
Office on July 19, 2018.
The City Council adopts the following findings to approve the Addendum to the certified FEIR:
1) the minor technical changes addressed in the Addendum do not materially change the findings
and conclusions of the certified FEIR; 2) no substantial changes are proposed or would occur that
would require major revisions to the certified FEIR; 3) no new significant environmental effe cts
are identified and there would not be a substantial increase in the severity of previously identified
significant effects; 4) the project would not result in any significant effects that would be
substantially more severe than what was identified in the certified FEIR. Furthermore, the
applicant will comply with all mitigation measures and environmentally mitigating project features
included in the certified FEIR.
SECTION 2. Findings. Based upon all evidence, the City Council makes the following
findings:
a) The rezone allows the implementation of the Palm Nipomo Parking Structure Project by
rezoning the site to be consistent with the General Plan as amended.
b) The rezone is consistent with General Plan Land Use Element policies and map as amended
related to the Palm Nipomo Parking Structure Project, including the land uses and
conceptual development envisioned for the area for following reasons: 1) The rezone would
facilitate the General Plan Land Use map as amended and reflect General Plan development
parameters for the area; and 2) the rezone would facilitate appropriate infill development
and construction consistent with the City’s Downtown Concept Plan and support General
Plan policies for the development of Downtown.
c) The rezone will not create non-conforming uses at the site because any existing uses that
remain on site would be allowed under the new zoning.
SECTION 3 . Action. The City Council of San Luis Obispo hereby approves the rezone
and land use map amendment as shown in attached “Exhibit 1,” which is consistent with the land
use designations included in the General Plan as amended.
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Ordinance No. 1671 (2019 Series) Page 3
O 1671
SECTION 4 . Severability. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any
competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each
and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional
without regard to whether any portion of the Ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 5. 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
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 12th day of November 2019 , AND FINALLY ADOPTED by
the Council of the City of San Luis Obispo on 3rd day of December 2019, on the following
vote:
AYES:
NOES:
ABSENT:
______________________________
Mayor Heidi Harmon
ATTEST:
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, this __________ day of ____________________, _______.
Teresa Purrington
City Clerk
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Item 6
Ordinance No. 1671 (2019 Series) Page 4
O 1671
Exhibit 1. Amended Land Use Map and Rezoning Map
Palm Nipomo Parking Structure Project Amended Land Use and Rezoning Map
Existing Proposed
Medium-High
Residential (R-3)
Office with a
Historic Overlay
(O-H)
Downtown
Commercial with
a Historic Overlay
(C-D-H)
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Item 6