HomeMy WebLinkAboutO-1671 rezoning properties at 609 & 633 Palm, 610, 614 & 630 Monterey, 970 & 972 Nipomo Streets to be consistent with the Palm Nipomo Parking Structure ProjectORDINANCE 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 (0-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 12, 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, 2019, 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:
0 1671
Ordinance No. 1671 (2019 Series) Page 2
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 effects
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.
0 1671
Ordinance No. 1671 (2019 Series) Page 3
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 12 1h day ofNovember 2019, AND FINALLY ADOPTED by
the Council of the City of San Luis Obispo on 3rct day of December 2019, on the following
vote:
AYES:
NOES:
RECUSED:
ATTEST:
City Clerk
Council Member Christianson, Stewart and Mayor Harmon
None
Council Member Pease and Vice Mayor Gomez
APPROVED AS TO FORM:
istine Dietric
ity Attorney
IN WITNESS WHEREOF, r have hereunto set my hand and affixed the official seal of the
City of San Luis Obi po, California this I ~It-day ofDetL~ \:>::v:v::-2.6 I 9 .
~°'-·
Teresa Purrington
City Clerk
0 1671
Ordinance No. 1671 (2019 Series) Page4
Exhibit 1. Amended Land Use Map and Rezoning Map
Palm Nipomo Parking Structure Project Amended Land Use and Rezoning Map
Existing
Commercial with
a Historic Overlay
(C-D-H)
Proposed
0 1671