HomeMy WebLinkAboutItem 08 - Second Reading and Adoption of Ordinance No. 1693 (2021 Series) - Neighborhood Park at 533 Broad St.
Department Name: Community Development
Cost Center: 4003
For Agenda of: April 6, 2021
Placement: Consent
Estimated Time: N/A
FROM: Michael Codron, Community Development Director
Prepared By: Cassidy Williams, Contract Planner and Kyle Bell, Associate Planner
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1693 (2021
SERIES) APPROVING A REZONE FOR A NEIGHBORHOOD PARK
LOCATED AT 533 BROAD STREET. THE ORDINANCE INCLUDES
AMENDING THE ZONING REGULATIONS MAP TO CHANGE THE
ZONING DESIGNATION OF THE ASSOCIATED PROPERTY FROM
CONSERVATION/OPEN SPACE (C/OS) TO PUBLIC FACILITY (PF).
RECOMMENDATION
Adopt Ordinance No. 1693 (2021 Series) (Attachment A) approving a rezone for a neighborhood
park located at 533 Broad Street. The Ordinance includes amending the zoning regulations map
to change the zoning designation of the associated property from Conservation/Open Space
(C/OS) to Public Facility (PF).
DISCUSSION
On March 2, 2021, the City Council voted 5:0 to adopt the Final Mitigated Negative Declaration
(MND) prepared for the North Broad Street Neighborhood Park project, approve the North
Broad Street Neighborhood Park project and associated entitlements including a General Plan
Amendment, and introduce Ordinance No. 1693, approving an amendment to the zoning map to
change the zoning designation of the project parcel from Conservation/Open Space to Public
Facility.
Policy Context
As discussed in the Council Agenda Report dated March 2, 2021, the City Parks and Recreation
Element identifies the unmet need for a neighborhood park in the Broad Street area near U.S.
Highway 101 (US 101) and establishes a target rate of park development to be 10 acres of
parkland per 1,000 residents. This project would contribute to the City goal of achieving its
target park ratio and would meet the current need for a neighborhood park in a residential area of
the city that does not have access to other public park facilities. For a detailed analysis of the
project’s consistency with the City’s General Plan and Zoning Regulations, see the City Council
Agenda Report dated March 2, 2021.
Item 8
Packet Page 7
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 for each public
hearing associated with the project. Newspaper legal advertisements were posted in the New
Times ten days prior to the hearing. The City provided direct notification of project hearings to
individuals who had requested to be notified about the project and postcards were sent to both
tenants and owners of the properties located within 300 feet of the project site ten days before
each public hearing.
CONCURRENCE
The City’s review of the 533 Broad Street Neighborhood Park has involved all City departments
involved in the development review process, including: Planning, Engineering, Transportation,
Building, Utilities, City Arborist, Natural Resources, and Fire. Conditions of approval have been
identified and mitigation measures will be implemented to ensure that the project is carried out in
a manner that is consistent with City standards. Staff has not identified any unusual site
conditions or circumstances that would require special conditions. Staff comments provided
during review of the proposed project have been incorporated into the presented evaluation and
conditions of approval.
ENVIRONMENTAL REVIEW
On March 2, 2021, the City Council adopted Resolution No. 11226 (2021 Series), adopting the
Final Mitigated Negative Declaration prepared for the project (State Clearinghouse Number
2020120448). A Notice of Determination was filed with the San Luis Obispo Clerk Recorder’s
Office on March 5, 2021. The Final IS/MND is available at the following website:
https://www.slocity.org/government/departmentdirectory/communitydevelopment/documentsonl
ine/environmental-review-documents.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2018-19
Funding Identified: Yes
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund
State
Federal
Fees
Other: Parkland in Lieu
Fee Fund
$783,000 N/A $783,000
Total $783,000 N/A $783,000
Item 8
Packet Page 8
The 2018-19 Financial Plan Supplemental Budget identified $75,000 for the design of a
neighborhood park at 533 Broad Street. During the design process, staff identified that additional
funding would be required to complete the environmental review process needed for the rezone
of the parcel. City staff requested and was granted a budget transfer request for an additional
$43,000 for the environmental consultant services from the Parkland Development Fund in
February 2020. Additionally, the 2019-21 Financial Plan allocated $665,000 for the construction
of the project. This brings the total allocated budget of the project to $783,000.
This Council report is not requesting the use of any fund for construction. If the rezone of the
parcel is approved, the project will return to the City Council for the review of the final project
plans and request to advertise the project for construction.
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 changes
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 - Ordinance No. 1693 (2021 Series)
Item 8
Packet Page 9
ORDINANCE NO. 1693 (2021 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA APPROVING A REZONE FOR A
NEIGHBORHOOD PARK. THE PROJECT INCLUDES AMENDING
THE ZONING REGULATIONS MAP TO CHANGE THE ZONING
DESIGNATION OF THE ASSOCIATED PROPERTY FROM
CONSERVATION/OPEN SPACE (C/OS) TO PUBLIC FACILITY (PF),
RESPECTIVELY, INCLUDING A MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL REVIEW, AS REPRESENTED
IN THE STAFF REPORT AND ATTACHMENTS DATED MARCH 2,
2021 (533 BROAD STREET: PARK-0320-2020, GENP-0612-2019, RZ-0322-
2020, AND EID-0321-2020)
WHEREAS, the Parks and Recreation Commission of the City of San Luis Obispo
conducted a public hearing on September 4, 2019, continuing the project with direction for
consistency with the Parks and Recreation Element; and
WHEREAS, the Parks and Recreation Commission of the City of San Luis Obispo
conducted a public hearing on November 6, 2019, recommending approval of the project with
direction that the Planning Commission find the project consistent with the Parks and Recreation
Element; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a web
based public hearing on January 27, 2021, recommending approval of the General Plan
Amendment, Rezone, and Development Review to the City Council pursuant to a proceeding
instituted under PARK-0320-2020, GENP-0612-2019, RZ-0322-2020 & EID-0321-2020; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a web based
public hearing on March 2, 2021, for the purpose of introducing an Ordinance for the rezone of
the property, pursuant to a proceeding instituted under PARK-0320-2020, GENP-0612-2019,
RZ-0322-2020 & EID-0321-2020;
WHEREAS, the City Council of the City of San Luis Obispo conducted a web based
public hearing on April 6, 2021, for the purpose of adopting an Ordinance for the rezone of the
property, pursuant to a proceeding instituted under PARK-0320-2020, GENP-0612-2019, RZ-
0322-2020 & EID-0321-2020; and
WHEREAS, the City Council of the City of San Luis Obispo has duly considered all
evidence, including the testimony of the applicant, interested parties, and evaluation and
recommendations by staff, presented at said hearing; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
Item 8
Packet Page 10
Ordinance No. 1693 (2021 Series) Page 2
O 1693
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the Council of the City of San Luis
Obispo makes the following findings:
1. As conditioned, the project will not be detrimental to the health, safety, and welfare of
persons living or working at the site or in the vicinity because the project respects site
constraints and will be compatible with the scale and character of the neighborhood.
2. The project is consistent with the General Plan Land Use Element Policy 1.8.6, which calls
for ensuring that continuous wildlife habitats are preserved, because the proposed
neighborhood park uses would maintain required setbacks from on-site creek and riparian
corridor areas, as well as install fencing between park activity use areas and the riparian
corridor.
3. The project is consistent with the General Plan Conservation and Open Space Element
Policy 2.2.4 because the project promotes the use of alternative modes of transportation
such as walking and biking through the provision of pedestrian infrastructure
improvements and bicycle racks.
4. The project is consistent with the General Plan Conservation and Open Space Element
Policy 9.1.1 because all proposed structural components would be visually subordinate and
compatible with the existing natural landscape features of the project site.
5. The project is consistent with the Zoning Regulations for the Public Facility (PF) Zone
because the project is consistent with the intended uses to be developed within the PF zone
and has been designed in compliance with the applicable development standards including
setbacks, lot coverage, and building height.
SECTION 2. California Environmental Quality Act (CEQA) Findings, Mitigation
Measures, and Mitigation Monitoring Program. The City Council hereby adopts the proposed
Mitigated Negative Declaration of Environmental Impact finding that it adequately identifies the
project’s potential significant impacts (EID-0321-2020).
SECTION 3. Action. The City Council hereby adopts an ordinance to approve the
proposed project (PARK-0320-2020, RZ-0322-2020 & EID-0321-2020) that includes amending
the Zoning Regulations Map to change the Zoning designation of the subject property from
Conservation/Open Space (C/OS) to Public Facility (PF) (Exhibit A), subject to the following
conditions:
1. The City’s Zoning Map shall be updated to recognize the change in zoning from
Conservation/Open Space (C/OS-5) to Public Facility (PF), subject to the satisfaction of
the Community Development Director.
Item 8
Packet Page 11
Ordinance No. 1693 (2021 Series) Page 3
O 1693
SECTION 4. 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 or 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 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
New Times, 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 2nd day of March 2021, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the ___ day of ______, 2021, 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, on ____________________________.
______________________________
Teresa Purrington
City Clerk
Item 8
Packet Page 12
Ordinance No. 1693 (2021 Series) Page 4
O 1693
Exhibit A
A
Item 8
Packet Page 13
BLANK PAGE
This page is intended to be blank so that you can print double-sided.
Item 8
Packet Page 14