HomeMy WebLinkAboutItem 5 - Second Reading of Ordinance No. 1681 (2020 Series) amending Title 17 (Zoning) for East Airport Annexation
Department Name: Community Development
Cost Center: 4003
For Agenda of: April 7, 2020
Placement: Consent
Estimated Time: N/A
FROM: Michael Codron, Community Development Director
Prepared By: Teresa McClish, Special Projects Manager
SUBJECT: SECOND READING OF ORDINANCE NO. 1681 (2020 SERIES),
INTRODUCED BY THE CITY COUNCIL ON MARCH 17, 2020, TO AMEND
TITLE 17 OF THE MUNICIPAL CODE TO ADDRESS NON-CONFORMING
USES WITHIN THE “EAST AIRPORT” ANNEXATION AREA (PL-ANNX-
2030-2018; EID-0006-2020)
RECOMMENDATION
Adopt Ordinance No. 1681 (2020 Series) amending Title 17 of the San Luis Obispo Municipal
Code regarding non-conforming uses within the East Airport Annexation Area. (Attachment A).
DISCUSSION
On March 17, 2020, the City Council voted 5-0 to introduce Ordinance No. 1681 (2020 Series),
which amends Title 17 of the City’s Municipal Code regarding non-conforming uses in the East
Airport annexation area. The ordinance was included in a series of actions the Council
considered and approved to annex the East Airport Area into the City, including adoption of a
Resolution to approve a Pre-Annexation Agreement, a Plan for Services, and the filing of the
annexation application, as well as adoption of an Initial Study/Mitigated Negative Declaration
for the project.
The East Airport Area is within the Airport Area Specific Plan (AASP) and pre-zoned Service
Commercial (C-S-SP). The ordinance addresses several existing businesses within the area
including general office and governmental facilities. Some of these office uses also include
businesses that are of a non-profit nature. Under the City’s Airport Area Specific Plan (AASP),
some stand-alone “office” uses would not be permitted in the C-S-SP designation and could
potentially become legally non-conforming if operations were ceased for longer than twelve
months under the City’s Zoning ordinance. The uses are otherwise consistent with the City’s
General Plan and Zoning regulations.
In the case of the proposed annexation, it is not the City’s intent to disrupt or preclude these
existing businesses from continuing, or to restrict replacement uses of a similar nature. To
address this, the Pre-Annexation Agreement included a provision that an Ordinance would be
considered by Council to address allowing the otherwise non-conforming uses to remain and/or
be replaced by similar uses, at the discretion of the Community Development Director.
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The Ordinance amends the City’s Municipal Code Section 17.94.020 by adding a subsection to
allow for the continuation of these non-conforming uses within the East Airport Annexation
Area as follows:
“D. For uses located in the East Airport Annexation Area of the Airport Area
Specific Plan, “Office-Government” uses in existence at the time of
annexation will not be subject to the provisions of Sections 17.94.020.B.1
and the Community Development Director may permit a similar non-
conforming “office-Government to be established even if the prior non-
conforming use has ceased for more than 12 months subject to the process
and findings set for the in Section 17.94.020.B.2”
The Ordinance provides consistency by requiring process and findings to ensure review of any
potential incompatibility or other impacts of use. The Ordinance is only applicable to the East
Airport Annexation Area and would become effective after the annexation is certified by the
Local Agency Formation Commission.
Planning Commission Review and Recommendation
On January 22, 2020 the Planning Commission conducted a public hearing to consider the
proposed annexation, including the ordinance, and associated Initial Study/Mitigated Negative
Declaration and provided a recommendation for approval to the City Council.
Policy Context
The applicant is proposing annexation that will result in the continuance of exist ing uses and
future development patterns that reflect light manufacturing, office and construction services.
The annexation request, including the ordinance, is considered consistent with the City’s General
Plan, City’s Zoning Ordinance, San Luis Obispo County Airport Land Use Plan Consistency,
and Airport Area Specific Plan.
Public Engagement
Consistent with the City’s Public Engagement and Noticing (PEN) Manual and the City’s
Municipal Code, the project was noticed per the City’s notification requirements. Public
comment was provided to the advisory bodies through written correspondence and through
public testimony at each of the hearings.
ENVIRONMENTAL REVIEW
Environmental analysis for the whole of the annexation project tiered from the Airport Area and
Margarita Area Specific Plans Final EIR (2005), FEIR Addendum for the Airport Area and
Margarita Area Specific Plans (2015), and the City of SLO General Plan Land Use and
Circulation Elements (LUCE) FEIR (2014). An Initial Study of environmental impact was
prepared to document whether there have been changed circumstances since the referenced EIRs
were completed, to analyze consistency of the annexation with the General Plan and Airport
Area Specific Plan (AASP), and to identify any potentially necessary mitigation measures that
should be applied to the annexation process, as well as the completion of needed infrastructure
(new or rehabilitation) to support City services to the areas.
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The Notice of Intent to Adopt an IS/MND was filed with the San Luis Obispo County Clerk and
was advertised in the New Times on January 9, 2020 and filed with the San Luis Obispo County
Clerk on January 15, 2020. The IS/MND was also submitted to the Sate Clearinghouse on
January 16, 2020. The 30-day public review period started on January 15, 2020 and ended
February 14, 2020.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2019-2020
Funding Identified: Fee supported activity based on 100% cost recovery.
Funding
Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund NA
State
Federal
Fees
Other:
Total
When the AASP was adopted, it was accompanied by a fiscal impact analysis, which found that
annexation of the properties within the Airport Area Specific Plan (AASP) boundary would
result in positive fiscal impacts for the City; approximately $750,000 net fiscal benefit annually
at build- out.
ALTERNATIVES
Modify the Ordinance. The Council may make minor, non-substantive changes to the Ordinance
for staff to incorporate. Any material changes to the Ordinance would require re-introduction of
the Ordinance by the Council.
Attachments:
a - Ordinance 1681 (2020 Series)
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O _____
ORDINANCE NO. 1681 (2020 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, ADOPTING AMENDMENTS
TO CHAPTER 17.94 OF TITLE 17 (ZONING ORDINANCE)
ESTABLISHING PROVISIONS FOR THE CONTINUANCE OF
NON-CONFORMING USES EXISTING AT THE TIME OF
ANNEXATION WITHIN THE EAST AIRPORT AREA (PL-ANNX-
2030-2018, EID-0006-2020)
WHEREAS, on January 22, 2020 the Planning Commission conducted a public hearing to
prepare a recommendation to the City Council for the annexation of approximately 58.31 acres of
lands to the City commonly referred to as the East Airport Annexation Area (East Airport); and
WHEREAS, the Planning Commission is recommending the City Council adopt a
Resolution to proceed with the annexation, as well as a series of additional steps including establishing
a Pre-Annexation Agreement, Land Use and Zoning Designations, a Plan For Services for the
annexation area and the adoption of an environmental determination as prescribed in Planning
Commission Resolution No. PC-1003-2020 (2020 Series); and
WHEREAS, the annexation of the East Airport area would include a zoning designation for
“Service - Commercial - Specific Plan (C-S-SP)” for the East Airport Area; and
WHEREAS, the Pre-Annexation Agreement for the East Airport Area provides that for
existing uses (established under San Luis Obispo County regulations at the time of annexation) that
may otherwise be considered “non-conforming” uses under the City’s “Service-Commercial –
Specific Plan” zoning district for the annexation area, a process be established that allows flexibility
and discretion in continuing to maintain, repair and replace said uses; and
WHEREAS, on March 17, 2020 the City Council conducted a duly noticed Public Hearing
to consider testimony and input on the proposed annexation, needed public and private infrastructure
improvements, development impact fees and charges to be paid to the City, environmental
considerations for the annexation, review of the timing and implementation of said fees and
improvements, and the issue of non-conforming land uses; and
WHEREAS, environmental analysis of the proposed annexation has been guided by
previous work in the form of the Airport Area and Margarita Area Specific Plans Final EIR (2005),
FEIR Addendum for the Airport Area and Margarita Area Specific Plans (2015), and the City of
SLO General Plan Land Use and Circulation Elements (LUCE) FEIR (2014); and
WHEREAS, an Initial Study of environmental impact was prepared for the proposed
annexation, which tiers from the certified EIRs noted above, and said Initial Study analyzes and
documents whether there have been changed circumstances since those referenced EIRs were
completed, analyzes consistency of the annexation with the General Plan and Airport Area Specific
Plan, and identifies mitigation measures that would be required to mitigate potentially significant
impacts resulting from the annexation process and the construction of needed infrastructure (new
or rehabilitation) to support City services to the areas; and
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Ordinance No. ________ (2020 Series) Page 2
O _____
WHEREAS, the conclusion of the Initial Study of environmental impact is that by
incorporating the needed infrastructure features of the adopted Airport Area Specific Plan and the
proposed Plan For Services, in addition to and as a direct result of the analysis of the noted EIRs, and
implementing noted mitigation measures, any significant effects of the annexation and provision of
infrastructure services to the area would result in a less than significant effect on the environment.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. CEQA Findings. Based upon all the evidence, the City Council adopts the
following California Environmental Quality Act (CEQA) findings in support of the project:
a) The proposed project is consistent with the requirements of the 2005 certified Airport
Area and Margarita Area Specific Plans and Related Facilities Master Plans (FEIR)
(SCH# 2000051062), and this action incorporates those FEIR mitigation measures as
detailed in Council Resolution 11103 (Series 2020).
b) The proposed project is consistent with the requirements of the certified 2015 FEIR
Addendum to the Airport Area and Margarita Area Specific Plans and Related
Facilities Master Plans Final Environmental Impact Report (SCH#2000051062), and
this action incorporates those FEIR mitigation measures as detailed in Council
Resolution 11103 (Series 2020).
c) A supplemental, tiered, Initial Study has been prepared for the project, which addresses
potential environmental impacts resulting from the proposed project, and the
Community Development Director has recommended that the results of that additional
analysis be incorporated into an Initial Study Mitigated Negative Declaration (IS-
MND) of environmental impacts, and recommends adoption of identified mitigation
measures, as detailed in Council Resolution 11103(Series 2020).
d) All potentially significant effects were adequately analyzed in the referenced FEIRs
and IS/MND for the East Airport Annexation project.
SECTION 2. Zoning Ordinance and Municipal Code Amendments Concerning “Non-
Conforming Uses” as a result of the East Airport Annexation. The City’s Zoning Regulations,
Municipal Code Section 17.94.020, are hereby amended to read as follows, concerning the
continuation of non-conforming uses within the East Airport Annexation area of the Airport Area
Specific Plan:
Addition of Subsection D.
“D. For uses located in the East Airport Annexation Area of the Airport Area
Specific Plan, “Office-Government” uses in existence at the time of
annexation will not be subject to the provisions of Sections 17.94.020.B.1
and the Community Development Director may permit a similar non-
conforming “office-Government to be established even if the prior non-
conforming use has ceased for more than 12 months subject to the process
and findings set for the in Section 17.94.020.B.2”
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Ordinance No. ________ (2020 Series) Page 3
O _____
SECTION 3. Severability. If any subdivision, paragraph, sentence, clause or phrase of this
Ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction,
such invalidity or unenforceability shall not affect the validity and enforcement of the remaining
portions of this Ordinance, or any other provisions of the city’s rules and regulations. It is the city’s
express intent that each remaining portion would have been adopted irrespective of the fact that any
one or more subdivisions, paragraphs, sentences, clauses or phrases be declared invalid or
unenforceable.
SECTION 4. Implementation. 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 New Times, a newspaper published and circulated in the City. This ordinance shall
go into effect at the expiration of thirty (30) days after its passage.
INTRODUCED on the 17th day of March 2020, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the _____ day of ______ 2020, on the following roll
call 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, on ______________________.
____________________________________
Teresa Purrington, City Clerk
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