HomeMy WebLinkAboutItem 17 - COUNCIL READING FILE - Planning Commission Resolution No. 1039-21RESOLUTION 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. F indings. 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:
NOES:
ABSENT:
Commissioners Hopkins, Quincey, Kahn, Shoresman, Wulkan, Vice-Chair
Jorgensen, and Chair Dandekar
None
None
RECUSED: None
The foregoing resolution was adopted this 14th day of April 2021.
Planning Commission
ATTACHMENT 1
ORDINANCE NO. __ (2021 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, AMENDING THE
AIRPORT AREA AND MARGARITA AREA SPECIFIC
PLANS TO ALLOW FOR DAY CARE FACILITIES
CONSISTENT WITH RESTRICTIONS THAT APPLY
CITYWIDE UNDER THE MUNICIPAL CODE (SPEC-0209-
2021)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted
a web based public hearing, on April 14, 2020, and recommended text amendments
(Exhibits A and B, attached) to the Airport Area Specific Plan (AASP) and the Margarita
Area Specific Plan (MASP) to allow day care facilities (SPEC-0209-2021); and
WHEREAS, the City Council of the City of San Luis Obispo conducted a web
based public hearing, on May 18,2021, for the purpose of approving the text amendments
to the AASP and MASP; and
WHEREAS, the City Council finds that the proposed amendments are consistent
with the General Plan as amended, Zoning Regulations , and other applicable City
ordinances; 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:
SECTION 1. Environm ental Detenni nation. 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 2. Findings. Based upon all evidence , the City Council makes the
following findings:
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DRAFT Ordinance No. ___ (2021
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a) 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 provide opportunities for child care within the city
consistent with LUE Policy 3.8.2.
b) 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.
c) 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.
d) The specific plan amendments do not change the underlying policy framework
or overall land use or circulation pattern envisioned in either Specific Plan.
e) 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.
f) 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
AL UP and Safety Zone 6 of the Draft Amended and Restated AL UP.
SECTION 3 . Action. The City Council of San Luis Obispo hereby 1 ) approves
the text amendments to the MASP attached as "Exhibit A," removing language prohibiting
day care facilities within the specific plan and adding language allowing day care facilities
subject to the regulations set forth in the Municipal Code, and 2) approves text amendments
to the Airport Area Specific Plan attached as "Exhibit B," removing language limiting the
size of day care facilities and the requirements for a day care facility to connected to an
employer and adding language allowing day care facilities subject to the regulations set
forth in the Municipal Code.
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,
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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 18th day of May, 2021, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on __ day of , 2021, on the following
vote:
AYES:
NOES:
ABSENT:
ATTEST:
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
J. Christine Dietrick
City Attorney
Mayor Heidi Harmon
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of San Luis Obispo, California, this __ day of _______ ~
2019.
Teresa Purrington
City Clerk
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Exhibit A. Proposed Changes to the Margarita Area Specific Plan
The following sections of the existing Margarita Area Specific Plan would be modified to allow for day care facilities
in the specific plan area. General direction is shown in italicized brackets; specific proposed changes in text are shown
in strilceo1:1t or underline:
Pages 13-14. Section 2.1. Low-Density Residential (R-1-SP). Section 2.1.1. Uses. Low Density Residential
areas are primarily for detached, single-family houses---effly. To maintain residential capacity and airport
compatibility, uses such as churches, schools, and secondary dwellings are not allowed. How ever. da y care
ce nters and fa mily day ca re s are allowed subject to regulation s se t forth in th e Municip a l Co de.
Page 16. Section 2.2. Medium-Density Residential (R-2-SP). Section 2.2.1. Uses.
Medium-Density Residential areas are for individual detached houses on relatively small lots or groups of
detached dwellings on larger parcels, and for attached dwellings where each is clearly identifiable by its form and
relationship to yards and gardens. Figure 5 shows where dwellings must be detached. To maintain residential
capacity and airport compatibility, uses such as churches, schools, and secondary dwellings are not allowed.
How ever. day care centers a nd family dav care s are allowed ubj ect to re gul ati on el forth in th e Muni c ipal Cod e.
Page 20. Section 2.3. Medium-High Density Residential (R-3-SP). Section 2.3.1. Uses. Medium-high
Density Residential areas are for attached dwellings, where each dwelling is identifiable by its form , or for
detached dwellings on small lots created through a condominium or planned-development process. To maintain
residential capacity and airport compatibility, uses such as churches and schools are not allowed. However, day
care cent ers and family day care s arc a llowed subj ect to regula tion et forth in the Municipa l od e.
Page 22. Section 2.4. High-Density Residential (R-4-SP). Section 2.4.1. Uses. A mix of housing densities,
ownership patterns, cost and building types is desirable in the Margarita Area Specific Plan. High-Density
Residential areas are intended for attached dwellings in close proximity to the core area. To maintain residential
capacity and airport compatibility uses such as churches and schools are not allowed. Howev e r, day care cente rs
and family da y cares are allowed subj ect to regulation s set forth in th e Municipal Code .
Page 23. Section 2.5. Neighborhood Commercial. Section 2.5.1. Uses. [Third paragraph in this section to
be modified as follows.}
Uses shall be as provided in the Zoning Regulations for the C-N zone, except that the following are prohibited:
• Any commercial establishment occupying more than 465 square-meters (5,000 square-
feet) gross floor area;
• Schools, day care ceAters, or public-assembly facilities; and
• Service stations, car washes, or auto repair
Page 26. Section 2.6. Business Park. Section 2.6.1.B. Allowed Uses Subject to Approval by Administrative
Use Permit. [Add day-care centers to the list of allowed uses subject to an Administrative Use Permit.}
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Page 27. Section 2.6. Business Park. Section 2.6.1.D. Prohibited Uses.
The following are prohibited:
• Circuses, carnivals, fairs, festivals
• Convalescent hospitals
• Dwellings, except as provided in Business Park/Office
• Homeless shelters
• Hospitals
• Schools , day care cen~ers, or public-assembly facilities
Page 41. Section 4.1. Airport Compatibility. Types and Intensities of Land Use. The types and intensities
ofland uses described in Part 2 of this plan are intended to be consistent with the County Airport Land Use Plan.
Several types of uses such as schools, and churches, uaa aay oare eeflters that are typically allowed in residential
and commercial zones in other parts of the city are not allowed in the Margarita Area. (Hewe¥e r beea1,1se State
law pre,•eflts the City from reg1,1latiRg sta!·e liceR setl 'faRlily d&)' eare homes" eRd "residential care faeilities'
differeatly from siegle filRlily dwelliags, there is a possibility that they may eee1,1r ia the area .) The residential
densities and their locations are meant to concentrate residential development in locations where it will have the
least problems with Airport compatibility.
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Exhibit B. Proposed Changes to the Airport Area Specific Plan
The following sections of the existing Airport Area Specific Plan would be modified to allow for
day care centers in the specific plan area. General direction is shown in italicized brackets; specific
proposed changes in text are shown in strikeout or underline:
Pages 4-25 and 4-27. Table 4-3. Allowed Uses. SERVICES -GENERAL. [Remove the
reference to Note 1 attached to "Day care-Adult, Child Day Care Center" in the BP
designation that restricts their development as a secondary use to business parks.}
Pages 4-25 and 4-27. Table 4-3. Allowed Uses. SERVICES -GENERAL. [Remove the
reference to Note 5 in the line item attached to "Day care-Adult, Child Day Care Center" in
the CS and M designations, and eliminate Note 5 itself at the end of the table that refers to
airport compatibility restrictions on day care centers.} 5. Allowed by right oaly in the 8 le
and 8 2 aYi.atioa safety areas (as defieed in the ALUP), •• ,,here an employer provides on site
childcare to 14 or fuwer children for the exclusive benefit of employees . Lar ger facilities for
employees m.ay be approved by the Planning CofflEBission , if allowed by the Airport Land Use
C ommission.
Pages 4-22 and 4-27. Table 4-3. Allowed Uses. [Add new Note 5 to replace the previous
Note 5 with the following text:] 5. Day care cente rs and family day cares are allowed within
the Avila Ranch portion o f the Specific Plan subject to reguJations set forth in the Municipal
Code. [A reference to Note 5 should be added to the following statement at the outset of Table
4-3:] NOTE: PLEASE REFER TO THE APPROVED A VILA RANCH DEVELOPMENT
PLAN FOR ALLOWED USES IN THAT AREA (CITY COUNCIL RESOLUTION 10832)
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