HomeMy WebLinkAboutItem 17 - Introduce an Ordinance to amend the Airport Area and Margarita Area Specific Plan to allow Day Care FacilitiesItem 17
GtT Y O fiCouncil Agenda Report
ti
Department Name:
Cost Center:
For Agenda of:
Placement:
Estimated Time:
FROM: Michael Codron, Community Development Director
Prepared By: Rachel Cohen, Associate Planner
John Rickenbach, Contract Planner
Community Development
4003
May 18, 2021
Public Hearing
45 Minutes
SUBJECT: 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
RECOMMENDATION
As recommended by the Planning Commission, introduce an Ordinance (Attachment A) 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.
DISCUSSION
Background
In 2018, the City updated its Zoning Regulations to allow day care facilities in all zones.
However, this amendment did not apply to the Margarita Area or Airport Area Specific Plans.
Currently, there are restrictions in the City's Airport Area Specific Plan (RASP) that limit day
care facilities to 14 children of on -site employees, and such facilities are prohibited in the
Margarita Area Specific Plan Area (MASP).
On October 20, 2020, the City Council authorized Community Development Department staff to
undertake the necessary specific plan amendments to the MASP and AASP to align the zoning in
these areas with the rest of the City. The Council's direction followed testimony about the great
need for childcare in the community, and the fact that the need for day care has been exacerbated
by the Covid-19 pandemic.
The recommendations in front of the City Council continue to limit the locations of day care
facilities in proximity to the airport to ensure public safety, however, the proposed changes
significantly expand day care opportunities in the southern part of the City.
Previous Advisory Body Action
On April 14, 2021, the Planning Commission passed a Resolution recommending approval of the
proposed action, to be enacted via Ordinance by the City Council.
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The proposed amendments were referred to the Airport Land Use Commission (ALUC) for their
review and consideration on April 21, 2021. The ALUC determined that the proposed
amendments were consistent with the Airport Land Use Plan (ALUP), specifically with regard to
allowed land uses within Safety Area S-2 of the current ALUP and Safety Zone 6 of the Draft
Amended and Restated ALUP.
Policy Context
The following analysis evaluates the proposed action in the context of its consistency with
findings from the Child Care Study, the upcoming 2021-2023 Major City Goals, and existing
Municipal Code and Specific Plan framework, as well as the Airport Land Use Plan.
1. Child Care Study. In fall 2019, the City Council approved contributing funding to support the
county -wide Child Care Study facilitated by First 5 with local support agencies comprised of
the County of San Luis Obispo, San Luis Coastal Unified School District, and Cal Poly
University. A significant finding from the Phase 1 report identified the lack of affordable and
available childcare in order to support the community of San Luis Obispo. That study is
under review by First Five and will be presented to the City Council after other applicable
advisor body review.
2. 2021-2023 Major Ci . Goal. City Council has emphasized the importance of expanding
childcare opportunities as an integral part in supporting the community contained within the
Major City Goals of Economic Recovery, Resiliency, and Sustainability.
3. Existing Municipal Code Regulations. Day Care Centersl and Family Day Cares2 are subject
to the requirements set forth in Section 17.86.100 of the Municipal Code. Small Family Day
Cares and Large Family Day Cares are considered residential uses and may be established in
all zones where dwellings are allowed. Large Family Day Cares require written approval by
the director as a director's action. Day Care Centers (per Table 2-1: Uses Allowed by Zone
of the Municipal Code) are considered by -right uses in commercial and office zones, except
in the C-D, C-T and C-S zones, where a Minor Use Permit is required (in the case of the C-D
zone, they are allowed without a Minor Use Permit if they are not on the ground floor). Day
Care Centers are also allowed with a Minor Use Permit in all residential, manufacturing and
business park zones.
' Day Care Center (SLOMC Section 17.156.010). Establishments providing non -medical care for persons on a less
than 24-hour basis other than "Family Day Care." This classification includes nursery schools, preschools, and day
care facilities for children or adults, and any other day care facility licensed by the State.
2 Family Day Care (Small and Large) SLOMC Section 17.156.014). A day-care facility licensed by the State that is
located in a single -unit residence or other dwelling unit where a resident of the dwelling provides care and
supervision for children under the age of 18 for periods of fewer than 24 hours a day.
Small. A facility that provides care for eight or fewer children, including children who reside at the home and are
under the age of 10. See Health and Safety Code Section 1596.78.
Large. A facility that provides care for nine to 14 children, including children who reside at the home and are under
the age of 10. See Health and Safety Code Section 1596.78.
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4. Existing Specific Plan Regulations. Currently, Day Care Centers are prohibited in the
Margarita Area Specific Plan. The Airport Area Specific Plan allows Day Care Centers on a
very limited basis in the C-S, M and BP land use designations, subject to restrictions set forth
in Table 4-3 of that document. These restrictions within the AASP limit Day Care Centers to
14 children of on -site employees. Family Day Care is not addressed in either the MASP or
AASP.
5. Proposed Changes to the MASP and AASP. The proposed amendments to the MASP and
the AASP are provided in detail as a part of the Draft Ordinance (see Attachment A). The
amendments allow for day care facilities consistent with restrictions that apply citywide
under the Municipal Code. Excerpts of the MASP and AASP showing added or deleted text
are included as Attachments B and C.
6. Airport Land Use Plan. The San Luis Obispo County Airport Land Use Plan (ALUP)
regulates safety and noise -related issues for development within the airport's area of
influence. The Airport Land Use Commission (ALUC) is currently reviewing a Draft
Amended and Restated ALUP that is anticipated to be adopted in May 2021. As such,
amendments to the MASP and the AASP have been structured to comply with the existing
ALUP and the Draft Amended and Restated ALUP. The proposed amendments to the MASP
and AASP would allow for day care facilities only on sites that are located within Safety
Area S-2 (see Attachment E) of the current ALUP and Safety Zone 6 (see Attachment F) of
the Draft Amended and Restated ALUP. Day care facilities, under the current ALUP, are
identified as a "Special Function" use and per Policy S-4, may be allowed in Aviation Safety
Area S-2. The Draft Amended and Restated ALUP includes revised safety zones and outlines
the various land uses that are compatible with each zone. Per Table 4-5 of the Draft
Amended and Restated ALUP, day care facilities are deemed to be a compatible use within
Safety Zone 6.
As noted above, on April 21, 2021, the ALUC determined that the proposed action is consistent
with the ALUP.
Public Engagement
As noted under "Previous Council or Advisory Body Action", the City Council authorized
Community Development Department staff to undertake the necessary specific plan
amendments. Additionally, the Planning Commission held a public meeting on April 14, 2021
and passed a Resolution recommending approval of the proposed action, to be enacted via
Ordinance by the City Council.
CONCURRENCE
No additional feedback was required from other City departments on the proposed amendments.
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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.
FISCAL IMPACT
Budgeted: No
Funding Identified: No
Fiscal Analysis:
Budget Year: 19-21
Funding Sources
Current FY Cost
Annualized
On -going Cost
Total Project
Cost
General Fund
N/A
State
Federal
Fees
Other:
Total
On October 20, 2020, the City Council authorized Community Development Department staff to
undertake the necessary specific plan amendments, approving an allocation of $20,000 from
unassigned FY 2018-19 fund balance to fund the necessary work. City Council Resolution No.
11117 (2020 Series) gave the authority to the City Manager to use FY 2018-19 unassigned fund
balance above the required reserve levels which has a current balance of $5.1 million. There will
be no net fiscal impact related to approving the specific plan amendments. No previously
unanticipated fiscal impacts would occur as a result of this action.
ALTERNATIVES
1. Continue policy amendments. An action to continue the item should include a detailed list of
additional information or analysis required.
2. Deny proposed policy amendments.
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Item 17
Attachments:
a - Draft Ordinance
b - Proposed Changes to MASP
c - Proposed Changes to AASP
d - COUNCIL READING FILE - Planning Commission Resolution No. 1039-21
e - ALUP MAP Safety Area S-2
f - ALUP Update Map Safety Zone 6
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Item 17
ORDINANCE NO. (2021 SERIES)
AN UNCODIFIED 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, 2021, and recommended the City Council adopt text
amendments (Exhibits A and B, attached) to the Margarita Area Specific Plan (MASP) and the
Airport Area Specific Plan (AASP) to allow day care facilities (SPEC-0209-2021); and
WHEREAS, the MASP was originally adopted by City Council Resolution 9615 on
October 12, 2004; and
WHEREAS, the AASP was originally adopted by City Council Resolution 9726 on
August 23, 2005, with portions of the AASP adopted by Ordinance 1481, including Table 4.3, and
later and amended since by both resolution and ordinance in 2014, 2017, 2019, and 2020; 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 amending the MASP and AASP to allow
day care facilities consistent with regulations that apply citywide under the Municipal Code; 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; and
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of San
Luis Obispo as follows:
SECTION 1. Environmental Determination. The City Council hereby finds that 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, because allowing day care facilities in these specific plans is consistent with the General
Plan, and are subject to restrictions set forth in the Municipal Code to ensure public health, safety
and welfare, and because project specific environmental review will be required.
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Item 17
Ordinance No. (2021 Series) Page 2
SECTION 2. Findings. Based upon all evidence, the City Council makes the following
findings:
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 they
implement Land Use Element (LUE) Community Goals to create a balanced
community and provide opportunities for childcare 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 amendments 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 ALUP and Safety Zone 6 of
the Draft Amended and Restated ALUP.
SECTION 3. Action. The City Council of San Luis Obispo hereby 1) amends Sections
2.1, 2.2, 2.3, 2.4, 2.5, 2.6.1 and 4.1 of the MASP as reflected in "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) amends Table 4.3 of the
AASP as reflected in "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, clause, or phrase not declared invalid
or unconstitutional without regard to whether any portion of the Ordinance would be
subsequently declared invalid or unconstitutional.
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Ordinance No. (2021 Series)
Item 17
Page 3
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 day of
by the Council of the City of San Luis Obispo on
following vote:
AYES:
NOES:
ABSENT:
ATTEST:
Teresa Purrington
City Clerk
9 9 11161 LVA I I 6M.AVV I Is]•RL
J. Christine Dietrick
City Attorney
2021, AND FINALLY ADOPTED
day of , 2021, on the
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, on
Teresa Purrington
City Clerk
❑•
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Item 17
EXHIBIT A
Margarita Area Specific Plan Amendment
The following sections of the existing Margarita Area Specific Plan are hereby amended to read
as follows:
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. To maintain residential capacity and airport compatibility, uses such as
churches, schools, and secondary dwellings are not allowed. However, day care
centers are allowed subject to existing regulations set forth in Section 17.86.100
and Table 2-1 of Section 17.10.020 of the Municipal Code.
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. However, day care centers are allowed subject
to existing regulations set forth in Section 17.86.100 and Table 2-1 of Section
17.10.020 of the Municipal Code.
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 centers are allowed subject to existing
regulations set forth in Section 17.86.100 and Table 2-1 of Section 17.10.020 of the
Municipal Code.
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. However, day care centers are allowed subject to existing regulations set
forth in Section 17.86.100 and Table 2-1 of Section 17.10.020 of the Municipal
Code.
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Page 23. Section 2.5. Neighborhood Commercial. Section 2.5.1. Uses. The
Neighborhood Commercial area is for small-scale businesses that provide
convenient goods and services for nearby residents and workers, as well as a
semipublic, central meeting place and architectural focus for the neighborhood. It
is recognized that commercial centers to the southeast and southwest of the
Margarita Area provide a wider range of goods and services than can be
accommodated in the designated Neighborhood Commercial area. Commercial
uses here that provide architectural interest and opportunities for residents'
socializing have value beyond shortening frequent shopping trips. The retail uses
of a TOD are often dependent on the market area developed in the residential and
office components of the project.
While this core commercial center must often follow the residential development,
the land for public facilities and parks can be set aside and developed concurrently
to aid in the marketing and to supply amenities and services to new residents.
According to planning sources, it takes approximately 600 units to support a
commercial center. For these reasons, the ground floor of the Neighborhood
Commercial area will be reserved for commercial use for a period of 10 years from
the date that 300 units are constructed and occupied. Dwellings are encouraged
above the ground floor (Figure 5 shows parts of the Neighborhood Commercial
area where allowable densities may occur).
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 or public -assembly facilities; and
• Service stations, car washes, or auto repair
Pages 26-27. 2.6.1 Uses. The Business Park designation will provide employment
opportunities in close proximity to the core area. The business park designation is intended
for well -designed, master -planned, campus- type developments that will contribute to
community character and the City's objective of attracting jobs that can support households
in San Luis Obispo.
The Business Park zone is divided into sections, based on compatibility with the Airport
and adjacent or nearby residential areas.
A. Business Park/Office. Areas designated Business Park/Office allow for a mix of
uses near the core area and along the primary transit corridor. This specific plan
envisions small offices and mixed -use (residential and office) developments in this
area. Uses shall be as provided in the Office zone, except that those uses listed in
part D below are prohibited.
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B. General Business Park. Areas designated General Business Park or one-story,
masonry construction is intended for research and development, light
manufacturing and business services that are compatible with each other and airport
operation. This specific plan envisions this area developed with a campus -like
setting consisting of multiple buildings and outdoor employee areas. Uses shall be
as follows:
Allowed
• Advertising and related services
• ATMs
• Broadcast studios
• Business Support Services
• Computer services
• Copying and Quick Printer Service
• Laboratories (medical, analytical research)
• Light Manufacturing - food, beverages, apparel; electronic, optical,
instrumentation products; jewelry; musical instruments; sporting goods; art
materials
• Offices for engineers, architects, and industrial design
• Offices for processing, production and administrative
• Photo finishing - wholesale; and blue -printing and microfilming service
• Printing and publishing
• Research & development - services, software, consumer products,
instruments, office equipment and similar items
Allowed subject to approval by administrative use permit
• Airport
• Antennas and telecommunications facilities
• Banks and financial services
• Convenience stores
• Day -Care Centers
• Equipment rental
• Fitness/Health facility
• Indoor commercial recreational facility
• Medical Service — Clinic, laboratory, urgent care
• Medical Service — Doctor office *
• Office supporting retail, less than 5,000 sf
• Office- Business and Service
• Office -Professional
• Outdoor storage or work areas (screened from off -site views)
• Personal services
• Repair services — limited to office or laboratory equipment and to small-
scale, specialty services for power equipment or vehicles
• Research & development — transportation equipment, metals, chemicals,
building materials and similar items
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Ordinance No. (2021 Series) Page 7
• Truck or freight terminal
• Warehousing or new self -storage; distribution (truck terminal allowed south
of Prado only)
* With findings as required in Zoning Regulations
Allowed subject to approval by Planning Commission use permit
• Government Offices
• Heavy manufacturing
• Hotels and motels
• Maintenance service, client site services
• Office — processing
• Public safety facilities
• Warehousing, indoor storage
• Water and wastewater treatment plants and services
• Wholesaling and distribution
C. In the areas characterized as "outdoor uses only," the following are allowed:
• Landscaped space;
• Recreational space for employees only
• Parking incidental to allowed uses;
• Outdoor storage or work areas, excluding explosive or highly flammable
materials
D. The following are prohibited:
• Circuses, carnivals, fairs, festivals
• Convalescent hospitals
• Dwellings, except as provided in Business Park/Office
• Homeless shelters
• Hospitals
• Schools or public -assembly facilities such as churches (conference rooms
incidental to offices are allowed);
Page 41. Section 4.1. Airport Compatibility. Types and Intensities of Land
Use. The types and intensities of land 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 that are typically allowed in residential and
commercial zones in other parts of the city are not allowed in the Margarita 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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Item 17
EXHIBIT B
Airport Area Specific Plan Amendment
Table 4.3, entitled Allowed Uses, of the existing Airport Area Specific Plan is hereby amended
to read as follows:
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Ordinance No. (2021 Series) Page 9
Item 17
Table 4.3 — Allowed Uses
NOTE: PLEASE REFER TO THE APPROVED AVILA RANCH DEVELOPMENT PLAN FOR ALLOWED USES IN THAT AREA (CITY COUNCIL
RESOLUTION 10832) [also see Note 5]
Key: A = Allowed D = Allowed by Administrative Use Permit PC = Allowed by Planning Commission Use Permit Footnotes (see end of table)
Zoning District
Land Use PF I C-S I M BP
INDUSTRY. MANUFACTURING & PROCESSING. WHOLESALING
Furniture and fixtures manufacturing, cabinet shop
D
A
Industrial research and development
D
D
D
Laboratory - Medical, analytical, research, testing
A
A
A
Laundry, dry cleaning plant
A
A
Al
Manufacturing - Heavy
D
PC
Manufacturing - Light
D
A
A
Petroleum product storage and distribution
D
Photo and film processing lab
A
A
D
Printing and publishing
A
A
A
Recycling facilities - Collection and processing facility
D
Recycling facilities - Scrap and dismantling yard
D
Recycling facilities - Small collection facility
D
A
Storage yard
D
A
Warehousing, indoor storage
A
A
D1
Wholesaling and distribution
A
A
PC
LODGING
Homeless shelter (see note 8) PC PC PC
Hotel, motel (see note 8) PC
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Ordinance No. (2021 Series) Page 10
Item 17
Table 4.3 — Allowed Uses
Key: A = Allowed D = Allowed by Administrative Use Permit PC = Allowed by Planning Commission Use Permit Footnotes (see end of table)
Zoning District
Land Use PF C-S I M BP
RECREATION, EDUCATION, & PUBLIC ASSEMBLY USES
Bar/tavern
D
D
D1
Club, lodge, private meeting hall
D
Commercial recreation facility - Indoor
PC
PC
D
Commercial recreation facility — Outdoor
PC
PC
Fitness/health facility
A
A
Al
Night club
D
PC
Park, playground
D
Public assembly facility
PC
PC
Religious facility8
D
D2
School — Specialized education/training8
A
A
D
Sports and active recreation facility
PC
PC
PC
Sports and entertainment assembly facility
PC
PC
RESIDENTIAL USES
Caretaker quarters A A A D
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Ordinance No. (2021 Series) Page 11
Item 17
Table 4.3 — Allowed Uses
Key: A = Allowed D = Allowed by Administrative Use Permit PC = Allowed by Planninq Commission Use Permit Footnotes (see end of table)
Zoning District
Land Use PF C-S I M BP
RETAIL SALES
Auto and vehicle sales and rental
A
PC
Auto parts sales, with installation
A
A
Auto parts sales, without installation
A
A
Building and landscape materials sales, indoor
A
A
Building and landscape materials sales, outdoor
A
A
Convenience store
D
D
Al
Farm supply and feed store
A
D
Fuel dealer (propane, etc)
D
A
Furniture, furnishings, and appliance stores
A
General retail — 2,000 sf or less
Al
Office -supporting retail, 2,000 sf or less
Al
Office -supporting retail, More than 2,000 up to 5,000 sf
D1
Produce stand
Restaurant
D
D
A
Service station (see also "vehicle services")
D
D
Al
Warehouse stores — 45,000 sf or less gfa
A
Warehouse stores — more than 45,000 sf gfa
D
PC
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Ordinance No. (2021 Series) Page 12
Item 17
Table 4.3 — Allowed Uses
Key: A = Allowed D = Allowed by Administrative Use Permit PC = Allowed by Planning Commission Use Permit Footnotes (see end of table)
Zoning District
Land Use PF C-S I M BP
SERVICES — BUSINESS. FINANCIAL & PROFESSIONAL
Banks and financial services8
D
A
Al
Business support services
A
D4
Medical Service — Doctor Office8
D4
D4
Medical Service — Clinic, Lab, Urgent Care8
D4
A
Office — Business and service8
D
Office — Government8
A
A
Office — Processing8
A
D
A
Office — Production and administrative8
A
D
A
Office — Airport Related Services8
A
A
A
A
Office — Professional8
A
Photographer, photographic studio
A
Zoning District
Land Use PF C-S M BP
SERVICES - GENERAL
Catering service
A
A
Copying and Quick Printer Service
A
A
D1
Day care - Adult, Child Day Care Center8
D
D
D
Equipment rental
A
A
Food bank/packaged food distribution center
D
D
Maintenance service, client site services
A
A
PC
Mortuary, funeral home8
D
D
Personal services
A
D1
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Ordinance No. (2021 Series)
Table 4.3 — Allowed Uses
A = Allowed D = Allowed by Administrative Use Permit PC = Allowed
SERVICES — GENERAL
Item 17
Page 13
Commission Use Permit Footnotes (see end of table
Zoning District
Land Use I PF C-S M BP
Personal services - Restricted
D
Public safety facilities
A
Public utility facilities
A
A
A
Repair service - Equipment, large appliances, etc.
A
A
Social service organization8
D
Vehicle services - Repair and maintenance - Major
A
A
Vehicle services - Repair and maintenance - Minor
A
A
Vehicle services - Carwash
D
D
Veterinary clinic -hospital, boarding, large animal
D
D
Veterinary clinic -hospital, boarding, small animal, indoor
A
Veterinary clinic -hospital, boarding, small animal, outdoor
D
Zoning District
Land Use PF C-S M BP
TRANSPORTATION & COMMUNICATIONS
Airport Facilities/Expansion
PC
PC
PC
PC
Ambulance, taxi, and/or limosine dispatch facility
A
D
D
Antennas and telecommunications facilities
PC
D
D
D
Broadcast studio8
A6
A6
A6
Parking facility
PC
D
D
Refuse Hauling, Septic Tank, Portable Toilet Sewers
PC
D
Truck or freight terminal
A
A6
D
Water and wastewater treatment plants and services
PC
PC
PC
PC
O
Packet Page 162
Item 17
Ordinance No. (2021 Series) Page 14
Numbered Notes to Table 4.3
1. These activities are considered secondary uses for business parks. Within a development
project site, their combined floor area shall not exceed 25 percent of the total floor area.
Some are also subject to limits on individual floor area, as shown in the body of the table.
Floor area limitations shall not apply to bank headquarters.
2. Use permit review shall consider that the C-S zone is primarily intended to accommodate
uses not generally suited to other commercial zones because of noise, truck traffic, visual
impacts and similar factors. A use permit may be approved only when the church will not
likely cause unreasonable compatibility problems with existing or likely future service
commercial uses in the vicinity. Use permit conditions may include measure to mitigate
incompatibility.
3. In the C-S zone, nightclubs must contain a minimum of four thousand five hundred square
feet of floor area. The required use permit process shall address parking, neighborhood
compatibility, and security issues.
4. In order to approve a Medical Service use in the C-S or BP zones, the Hearing Officer must
make the following findings:
a. The proposed medical service is compatible with surrounding land uses.
b. The proposed medical service is located along a street designated as an arterial or
commercial collector in the Circulation Element and has convenient access to
public transportation.
c. The proposed medical service will not significantly increase traffic or create
parking impacts in residential neighborhoods.
d. The proposed medical service is consistent with the Airport Land Use Plan
(ALUP).
e. The project will not preclude service commercial uses in areas especially suited for
these uses when compared with medical service.
f. The project site can accommodate the parking requirements of the proposed
medical service and will not result in other lease spaces being underutilized because
of lack of available parking.
5. Day care centers are allowed in residential zones within the Avila Ranch portion of the
Specific Plan subject to a Minor Use Permit.
6. Broadcast studios are allowed by right except than an administrative use permit is required
to permit any on -site antennas, dishes or transmission towers; or any radio, microwave, or
other type of airbound transmission form the project site or any other site within the Airport
Area.
7. Caretaker quarters shall have a maximum floor area of 1,000 square feet and shall not be
allowed din available safety areas S-1 a or the runway protection zone, as defined by the
ALUP.
8. These uses are identified in the San Luis Obispo County Regional Airport Land Use Plan
as noise sensitive, specific sound -attenuation requirements may apply. Refer to the ALUP
for more information.
n
Packet Page 163
Item 17
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 centers in the specific plan area. General direction is shown in italicized brackets;
specific proposed changes in text are shown in s4ikeeor underline:
Pages 13-14. Section 2.1. Low -Density Residential (R-1-SP). Section 2.1.1. Uses. Low Density
Residential areas are primarilX for detached, single-family houses-e*. To maintain residential
capacity and airport compatibility, uses such as churches, schools, and secondary dwellings are not
allowed. However, day care centers are allowed subject to existing regulations set forth in Section
17.86.100 and Table 2-1 of Section 17.10.020 of the Municipal Code.
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. However, day care centers are allowed subject to
existing regulations set forth in Section 17.86.100 and Table 2-1 of Section 17.10.020 of the
Municipal Code.
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 centers are allowed subject to existing
regulations set forth in Section 17.86.100 and Table 2-1 of Section 17.10.020 of the Municipal Code.
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. However, day care centers are allowed subject to existing regulations set forth in
Section 17.86.100 and Table 2-1 of Section 17.10.020 of the 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 ^^re nter-,, 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.]
Packet Page 164
Item 17
Page 27. Section 2.6. Business Park. Section 2.6.1.1). Prohibited Uses.
The following are prohibited:
• Circuses, carnivals, fairs, festivals
• Convalescent hospitals
• Dwellings, except as provided in Business Park/Office
• Homeless shelters
• Hospitals
• Schools, , or public -assembly facilities
Page 41. Section 4.1. Airport Compatibility. Types and Intensities of Land Use. The types and
intensities of land 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, and day eare eente .s that
are typically allowed in residential and commercial zones in other parts of the city are not allowed in
the Margarita Area. ,
"family day eafe homes" a -ad "residential ear-e f4eilifies" diff-er-eady from single family dwellings,
there is a possibility that they meeeur- in the a ` The residential densities and their locations are
meant to concentrate residential development in locations where it will have the least problems with
Airport compatibility.
Packet Page 165
Item 17
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 stT-ikee or underline:
Pages 4-25 and 4-27. Table 4-3. Allowed Uses. SERVICES - GENERAL. [Remove the reference
to Note I 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 S in the line item attached to "Day care Adult, Child Day Care Center" in the CS and M
designations, and eliminate Note S itself at the end of the table that refers to airport compatibility
restrictions on day care centers. Specifically, eliminate the following text.] 5. Allowed by right only
ehildear-e to 14 or- fewer- ehildr-en for- the exelusive benefit of employees. Larger- f6eilifies for- employe
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 centers are allowed in residential zones within the Avila Ranch portion
of the Specific Plan subject to a Minor Use Permit. [A reference to Note S should be added to the
following statement at the outset of Table 4-3:] NOTE: PLEASE REFER TO THE APPROVED
AVILA RANCH DEVELOPMENT PLAN FOR ALLOWED USES IN THAT AREA (CITY
COUNCIL RESOLUTION 10832)
Packet Page 166
Item 17
AIRPORT LAND USE COMMISSION
OF SAN LUIS OBISPO COUNTY
AIRPORT LAND USE PLAN
SAN LUIS OBISPO COUNTY REGIONAL AIRPORT
Page 24-A
San Luis
M.
Laguna
Lak
Park
Airport Safety Areas
Q Runway protection zones
Q Safety Area S-1 a — Areas with frequent or low -
visibility aircraft operations at less than 500 feet
above ground level which are located within
250 feet of extended runway centerlines and
within 3000 feet of a runway end.
Q Safety Area S-lb — Areas within gliding distance of prescribed flight
paths for aircraft operations at less than 500 feet above ground level,
plus sideline safety areas, and inner turning zones and outer safety
zones for each runway
Safety Area S-lc — Areas not included in Safety Areas S-la or S-lb, but
adjacent (within 0.5 nm) to aircraft operations at less than 500 feet above
ground level
r—� Safety Area S-2 — Areas with aircraft operations at 501 to 1000 feet above ground level
S—h A'lb
AIRPORT LAND USE PLAN
SAN LUIS OBISPO COUNTY REGIONAL AIRPORT
Figure 3
AVIATION SAFETY AREAS
Distance Scale (feet)
0 1000 3000 5000
Packet Page 167
Item 17
Chapter 2 — Scope of the Airport Land Use Plan
Figure 2-2: San Luis Obispo County Airport Safety Zones
Source: RS&H, 2020
San Luis Obispo County Regional Airport — Airport Land Use Plan
2-5
Packet Page 168
7/16/2021
Review Proposed Amendments to the
Margarita Area and Airport Area Specific
Plans to allow Day Care Facilities
May 18, 2021
2
Recommendation
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.
7/16/2021
Background
■ In 2018, the City updated its Zoning Regulations to allow
day care facilities in all zones. However, this amendment
did not apply to the Margarita Area or Airport Area
Specific Plans.
■ Currently, day care facilities are prohibited in the MASP,
and restricted to 14 children of onsite employees in the
AAS P.
■ In October 2020, City Council authorized staff to amend
the MASP and AASP to allow for day care facilities
consistent with the Municipal Code.
3 4
Margarita and Airport Area Specific Plans
TL
Airport Arena`.,. --
Specific Plan
7/16/2021
Background
■ April 14, 2021: The Planning Commission passed a
Resolution recommending approval of the proposed
action, to be enacted via Ordinance by the City Council.
■ April 21, 2021: The Airport Land Use Commission (ALUC)
determined that the proposed amendments were
consistent with the Airport Land Use Plan (ALUP).
S 6
Analysis — Child Care Study
■ Fall 2019: Council approved a contribution to fund a
county -wide Child Care Study facilitated by First 5 with
local support agencies.
■ Initial significant findings of the Phase 1 Report identify
that there is lack of affordable and available childcare to
support the community of San Luis Obispo.
■ Council will receive a full presentation on the study once
it is complete.
7/16/2021
Analysis — 2021-2023 Major City Goal
■ Childcare opportunities are an integral part of supporting
the community and thus are a component of the
upcoming Economic Recovery, Resiliency, and
Sustainability Major City Goals.
7 8
Analysis — Municipal Code Requirements
■ Section 17.86.100 of the Municipal Code allows for
"Family Day Care" and "Day Care Centers"
■ Family Day Care (childcare within a residence, less than
24 hours)
■ "Small Family Day Care" means 8 or fewer children
■ "Large Family Day Care" means 9-14 children
■ "Small Family Day Care" and "Large Family Day Care"
are considered residential uses, and allowed in any
zone that allows residences
7/16/2021
Analysis — Municipal Code Requirements
■ Day Care Centers (non -medical facilities, less than 24-
hour care)
■ Includes preschools and nursery schools.
■ Allowed by right in Office, Community Commercial,
Neighborhood Commercial, and Retail Commercial
zones.
■ Allowed with a Minor Use Permit in Residential,
Downtown Commercial, Tourist Commercial, Service
Commercial, Manufacturing and Business Park zones.
9 10
Analysis — Existing SP Regulations
■ Margarita Area Specific Plan
■ Day Care Centers are prohibited
■ Family Day Care is not clearly addressed
■ Airport Area Specific Plan
■ Day Care Centers are allowed on a very limited basis in C-
S, M and BP zones: no more that 14 children of onsite
employees
■ Day Care Centers not allowed in other zones
■ Family Day Care is not addressed, because the AASP
does not describe residential uses (except in the Avila
Ranch area, where the issue is also not directly addressed)
7/16/2021
Analysis — SP Amendments
■ Margarita Area Specific Plan
■ Minor text changes in residential zone descriptions to allow
for Day Care Centers.
■ Eliminate language prohibiting Day Care Centers in
commercial and business park areas.
■ Update discussion of airport compatibility to be consistent
with ALUP regulations.
■ Airport Area Specific Plan
■ Update Table 4-3 (land use table) to allow for Family Day
Care and Day Care Centers consistent with the Municipal
Code.
11
Analysis —Airport Land Use Plan
12
12
7/16/2021
Environmental Review
■ The project is exempt per CEQA Guidelines Section
15061(b)(3), the "general rule" exemption
The proposed amendments 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.
13 14
7/16/2021
Recommendation
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.
15