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HomeMy WebLinkAboutPC-1039-21 (SPEC-0209-2021 -- Margarita and Airport Area SP Amendments (day care facilities)RESOLUTION NO. PC-1039-21 A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL INTRODUCE AN ORDINANCE TO AMEND THE AIRPORT AREA AND MARGARITA AREA SPECIFIC PLANS TO ALLOW FOR DAY CARE FACILITIES CONSISTENT WITH RESTRICTIONS THAT APPLY CITYWIDE UNDER THE MUNICIPAL CODE, WITH A DETERMINATION THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AS REPRESENTED IN THE PLANNING COMMISSION AGENDA REPORT AND ATTACHMENTS DATED APRIL 14, 2021 (SPEC-0209- 2021) WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a web based public hearing on April 14, 2021, pursuant to a proceeding instituted under SPEC-0209- 2021; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and WHEREAS, the Planning Commission 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 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Luis Obispo as follows: SECTION 1. Findings. The Planning Commission hereby recommends the City Council introduce an ordinance to amend the Airport Area Specific Plan (AASP) and the Margarita Area Specific Plan (MASP) to allow day care facilities consistent with the restrictions that apply under the Municipal Code (SPEC-0209-2021), based on the following findings: 1. The proposed amendments to both the Margarita Area Specific Plan (MASP) and Airport Area Specific Plan (AASP) are consistent with the General Plan because it implements Land Use Element (LUE) Community Goals to create a balanced community and provides opportunities for child care within the City consistent with LUE Policy 3.8.2. 2. The specific plan amendments are intended to ensure consistency with zoning requirements with respect to childcare facilities as applied elsewhere in the City, as set forth in the Municipal Code. 3. Day care facilities that may be proposed as a result of the specific plan amendments would be subject to the same health and safety regulations as set forth in both applicable state law and within the Municipal Code Section 17.86.100. Resolution No. PC- 1039-21 Margarita and Airport Area SP Amendments (day care facilities), SPEC-0209-2021 Page 2 4. The specific plan amendments do not change the underlying policy framework or overall land use or circulation pattern envisioned in either Specific Plan. 5. The specific plan amendment will not be detrimental to the health, safety, and welfare of persons living or working within the MASP or the AASP or in the vicinity because the proposed day care uses will be compatible with the other uses allowed within the MASP and the AASP and will not cause impacts beyond those identified in the Final EIR for either the Specific Plans. 6. The specific plan amendments to the MASP and the AASP have been structured to comply with the existing San Luis Obispo County Airport Land Use Plan (ALUP) and the Draft Amended and Restated ALUP and would allow for day care facilities only on sites that are located within Safety Area S-2 of the current ALUP and Safety Zone 6 of the Draft Amended and Restated ALUP. SECTION 2. Environmental Review. The project is exempt per CEQA Guidelines Section 15061(b)(3), the "general rule" exemption, because the proposed action will have no possibility of a significant effect on the environment and will not cause impacts beyond those identified and evaluated within the EIRs of the AASP or the MASP. In this case, allowing day care facilities in these specific plans is consistent with the General Plan, are subject to restrictions set forth in the Municipal Code to ensure public health, safety and welfare and project specific environmental review will be required. SECTION 3. Action. The Planning Commission hereby recommends the City Council introduce an ordinance to amend the Airport Area and the Margarita Area Specific Plans as shown in the Draft Ordinance (Attachment 1) to this Resolution in order to allow for day care facilities consistent with restrictions that apply citywide under the Municipal Code. Upon motion of Commissioner Hopkins, seconded by Commissioner Quincey, and on the following roll call vote: AYES: Commissioners Hopkins, Quincey, Kahn, Shoresman, Wulkan, Vice -Chair Jorgensen, and Chair Dandekar NOES: None ABSENT: None RECUSED: None The foregoing resolution was adopted this 14th day of April 2021. _:f� Tyler Coro , ecretary Planning Commission