HomeMy WebLinkAboutO-1693 approving a rezone for a Neighborhood Park at 533 Broad St (PARK-0320-2020, GENP-0612-2019, RZ-0322-2020, and EID-0321-2020)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
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.
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 6th day of April 2021, on the following vote:
AYES: Council Member Christianson, Marx, Pease, Vice Mayor Stewart, and
Mayor Harmon
NOES: None
ABSENT: None
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
Markie Jorgensen
Assistant 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
Ordinance No. 1693 (2021 Series) Page 4
O 1693
Exhibit A
A