HomeMy WebLinkAboutItem 5h. Second Reading and Adoption of O-1708 (600 Tank Farm Project Rezone and AASP Text Amendments) Item 5h
Department: Community Development
Cost Center: 4003
For Agenda of: 3/1/2022
Placement: Consent
Estimated Time: N/A
FROM: Michael Codron, Community Development Director
Prepared By: Kyle Bell, Associate Planner
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1708 (2022
SERIES) APPROVING THE REZONE OF A PROPERTY LOCATED AT
600 TANK FARM ROAD FROM BUSINESS PARK (BP-SP) TO
COMMERCIAL SERVICES (C-S-SP), AND ADOPT ASSOCIATED TEXT
AMENDMENTS TO THE AIRPORT AREA SPECIFIC
RECOMMENDATION
Adopt Ordinance No. 1708 (2022 Series) entitled, “An Ordinance of the City Council of
the City of San Luis Obispo, California, approving a rezone for property at 600 Tank Farm
Road. The project includes amending the Zoning Map to chan ge the zoning designation
of the associated properties from Business Park (BP-SP) to Commercial Services (C-S-
SP), respectively, and making associated text amendments to the Airport Area Specific
Plan to be consistent with the 600 Tank Farm mixed -use development plan in accordance
with the adopted Final Environmental Impact Report, as represented in the City Council
staff report and attachments dated March 1, 2022 (600 Tank Farm: PR -0005-2021,
GENP-0814-2019, SPEC-0407-2020, EID-0608-2020).”
DISCUSSION
On February 1, 2022, the City Council voted 5:0 to adopt the Final Environmental Impact
Report (EIR) prepared for the mixed-use development located at 600 Tank Farm, and
approved the development project and associated entitlements including a General Plan
Amendment, Major Development Review Project, Minor Subdivision, and introduce
Ordinance No. 1708, approving an amendment to the zoning map to change the zoning
designation of the properties from Business Park (BP-SP) to Commercial Services (C-S-
SP), and include associated text amendments to the Airport Area Specific Plan (AASP)
to accommodate the proposed project and rezone.
Policy Context
As discussed in the Council Agenda Report dated February 1, 2022, the proposed project
must conform to the standards and limitations of the General Plan, AASP, and any
applicable aspects of the Zoning Regulations, and Engineering Standards not otherwise
addressed in the AASP that apply to the overall development plan approval including the
subdivision component.
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Item 5h
The City Council evaluated the project and found the project to be consistent with all
applicable policies, related to the following regulatory framework. The Planning
Commission (PC) report from the November 17, 2021 hearing, provided an in depth
analysis of the projects consistency with the regulatory framework, please see Section
4.0 of the PC Report and associated attachments.
Previous Council or Advisory Body Action
Throughout 2020-2022, the project has been reviewed in draft or revised form eleven
times, as listed below.
Council Initiation and Conceptual Review
April 21, 2020 - Council Initiation Report & Minutes
July 16, 2020 - Conceptual ATC Report & Minutes
August 17, 2020 - Conceptual ARC Report & Minutes
September 23, 2020 - Conceptual PC Report & Minutes
EIR Scoping and Draft Review
December 9, 2020 - PC EIR Scoping & Minutes
July 14, 2021 - PC Draft EIR Review & Minutes
Previous Advisory Body Review
August 18, 2021 – Airport Land Use Commission (ALUC) Report & Minutes
September 27, 2021 - TC Report & Minutes
October 4, 2021 - ARC Report & Minutes
November 17, 2021 - PC Report & Minutes
City Council Adoption and Introduction of Ordinance No. 1708 (2022 Series)
February 1, 2022 – Council Agenda Report & Minutes
PUBLIC ENGAGEMENT
Consistent with the City’s Public Engagement and Noticing (PEN) Manual and the City’s
Municipal Code, the project was noticed in compliance with the City’s notification
requirements for Development Projects for each public hearing associated with the
project. Newspaper legal advertisements were posted in the New Times ten days prior to
the hearing. Additionally, postcards were sent to both tenants and owners of properties
within 300 feet of the project site ten days before the hearing.
CONCURRENCE
The City’s review of the project involved all City departments in the development review
process. Various conditions of approval from these departments were included in
Resolution No. 11304 (2022 Series) related to the project approval, based on those
conditions set forth in the Planning Commission Resolution related to this action, as
modified as a result of Planning Commission recommendations.
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Item 5h
ENVIRONMENTAL REVIEW
On February 1, 2022, the City Council adopted Resolution No. 11304 (2022 Series),
adopting the Final EIR prepared for the project (State Clearinghouse Number
2020110426). A Notice of Determination was filed with the San Luis Obispo Clerk
Recorder’s Office on February 2, 2022. The Final EIR is available at the following website:
https://www.slocity.org/government/department-directory/community-
development/documents-online/environmental-review-documents/-folder-2187
FISCAL IMPACT
Budgeted: No Budget Year: 2021-22
Funding Identified: No
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund $N/A $ $ $
State
Federal
Fees
Other:
Total $ $ $ $
There will be no net fiscal impact related to approving the proposed project. The applicant
will be required to implement a variety of public and private improvements either directly
as a result of the project, various conditions of approval, or through mitigation measures.
In some cases, the applicant is eligible for reimbursement for portions of public
improvements that are beyond what would otherwise be required to offset the impacts of
the proposed project. To budget and appropriate the necessary Eligible Fees to provide
reimbursements, including, but not limited to timely appropriation of General Fund
amounts, and reservation of any Citywide Traffic Impact fees paid by Benefitting
Properties, the City has appropriated $715,000 in the 2021 -2023 Financial Plan that will
cover design and the Tank Farm Bike Path Plans, Specifications and Estimates . On
February 15, 2022 the City Council approved the Mid-Year Budget Review 2021-22 that
included an additional $1,544,600 to cover the costs of needed rights of way. No
previously unanticipated fiscal impacts would occur as a result of this action.
ALTERNATIVES
Modify the proposed ordinance. The 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
PC followed by re-introduction of the Ordinance by the Council.
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Item 5h
ATTACHMENT
A - Ordinance No. 1708 (Series 2022)
Page 130 of 231
O 1708
ORDINANCE NO. 1708 (2022 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING A REZONE FOR PROPERTY
AT 600 TANK FARM ROAD. THE PROJECT INCLUDES AMENDING
THE ZONING MAP TO CHANGE THE ZONING DESIGNATION OF
THE ASSOCIATED PROPERTIES FROM BUSINESS PARK (BP-SP)
TO COMMERCIAL SERVICES (C-S-SP), RESPECTIVELY, AND
MAKING ASSOCIATED TEXT AMENDMENTS TO THE AIRPORT
AREA SPECIFIC PLAN TO BE CONSISTENT WITH THE 600 TANK
FARM MIXED-USE DEVELOPMENT PLAN IN ACCORDANCE WITH
THE ADOPTED FINAL ENVIRONMENTAL IMPACT REPORT. AS
REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS
DATED MARCH 1, 2022 (600 TANK FARM: PR-0005-2021, GENP-
0814-2019, SPEC-0407-2020, & EID-0608-2020)
WHEREAS, the City Council of the City San Luis Obispo conducted a web based
teleconference hearing on April 21, 2020, authorizing the initiation of the project and
issuance of a request for proposals for preparation of an Environmental Impact Report
for the project, pursuant to a proceeding instituted under GENP-0814-2019, Covelop Inc.,
applicant; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
web based teleconference hearing on July 14, 2021, received public testimony and
provided input on the Draft Environmental Impact Report (EIR), pursuant to a proceeding
instituted under ARCH-0406-2021, SBDV-0407-2021, GENP-0814-2019, SPEC-0407-
2020, and EID-0608-2020, Covelop Inc., applicant; and
WHEREAS, the Airport Land Use Commission of the County of San Luis Obispo,
upon receipt of a formal referral from the City of San Luis Obispo, conducted a web based
teleconference hearing on August 18, 2021, and determined consistency with the San
Luis Obispo County Regional Airport Land Use Plan subject to conditions, pursuant to a
proceeding instituted under PR-0005-2020, Covelop Inc., applicant; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
web based teleconference hearing on November 17, 2021, and recommended findings
of consistency to the City Council regarding the proposed rezoning application; pursuant
to a proceeding instituted under GENP-0814-2019, SPEC-0407-2020, and EID-0608-
2020, Covelop Inc., applicant; and
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Ordinance No. 1708 (2022 Series) Page 2
O 1708
WHEREAS, the City Council of the City of San Luis Obispo conducted web based
teleconference hearing, on February 1, 2022, for the purposes of adopting Resolution No.
11304 (2022 Series) for the certification of the Final EIR and approval of the General Plan
Map Amendment and development plan of the project (including a minor subdivision),
and adopt Resolution No. 11305 (2022 Series) approving the reimbursement agreement.
The City Council introduced Ordinance No. 1708 (2022 Series) for the rezone of the
property and associated text amendments to the Airport Area Specific Plan (AASP),
pursuant to a proceeding instituted under GENP-0814-2019, SPEC-0407-2020, and EID-
0608-2020, Covelop Inc., applicant; and
WHEREAS, the City Council of the City of San Luis Obispo conducted web based
teleconference hearing, on March 1, 2022, for the purposes of adopting an Ordinance for
the rezone of the property and associated text amendments to the AASP , pursuant to a
proceeding instituted under GENP-0814-2019, SPEC-0407-2020, and EID-0608-2020,
Covelop Inc., applicant; and
WHEREAS, the City Council of the City of San Luis Obispo has duly considered
all evidence, including the written and oral testimony of the applicant, interested parties,
and evaluation and recommendations by staff, presented at said hearing.
WHEREAS, notices of said public hearings were made at the time and in the
manner required by law; and
NOW, THEREFORE, the City Council of the City of San Luis Obispo does hereby
ordain as follows:
SECTION 1. Findings. Based upon all the evidence in the record, the Council
makes the following findings:
1. The rezone and associated text amendments to the AASP allow the
implementation of the 600 Tank Farm Mixed Use Project by rezoning the site
to be consistent with the General Plan as amended.
2. The rezone and associated text amendments are consistent with General Plan
Land Use Element policies and map as amended related to 600 Tank Farm
Road Project, including the land uses and development envisioned for the area
for following reasons: 1) The rezone and text amendments would f acilitate the
General Plan Land Use map as amended and reflect General Plan
development parameters for the area; and 2) the rezone and text amendments
would facilitate appropriate infill development and construction of additional
housing including affordable housing to meet City housing goals and better
balance jobs and housing opportunities, because the project provides
additional housing opportunities at a location close to major employers ,
commercial services and multimodal transportation facilities.
3. A Final Environmental Impact Report has been adopted for the project
consistent with the rezone and AASP text amendments.
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Ordinance No. 1708 (2022 Series) Page 3
O 1708
4. The rezone and text amendments will not create non-conforming uses at the
site because any existing uses that remain on site would be a llowed under the
new zoning.
SECTION 2. California Environmental Quality Act (CEQA) Findings, Mitigation
Measures, and Mitigation Monitoring Program . Based upon all the evidence, The City
Council adopted the Final Environmental Impact Report (FEIR) (Stat e Clearing House
#2020110426), subject to the following CEQA findings in support of all entitlements
related to the 600 Tank Farm Mixed -Use project as outlined in Resolution 11304 (2022
Series).
SECTION 3. Action. The City Council of San Luis Obispo hereby approves the
rezone as shown in attached “Exhibit A”, which is consistent with the land use
designations included in the General Plan as amended, and 2) approves amendments
of the text of the Airport Area Specif ic plan attached hereto marked “Exhibit B” and
included herein by reference to be modified as follows:
a) Change the site’s land use designation from Business Park (BP-SP) to
Service Commercial (C-S-SP) within the Specific Plan Overlay, which is
necessary to allow the proposed mixed-use development;
b) Amendments to allow a mixed-use development specific to the property at
600 Tank Farm Road within the C-S-SP zone;
c) Amend all AASP tables and text to reflect the zone change and addition of
280 residential units, and 12,500 square feet of commercial-service/office
space for the project site;
d) Modify the road section figures to reflect modifications to Tank Farm Road
and Santa Fe Road consistent with traffic projections and full b uildout of the
circulation system;
e) Describe necessary setback of improvements and buildings to delineated
wetland areas in conformance with project Biological Assessments; and
f) Updated applicable figures and graphics to reflect the changes in land use
designations, and circulations systems.
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.
Page 133 of 231
Ordinance No. 1708 (2022 Series) Page 4
O 1708
SECTION 5. Publication. 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 1st day of February 2022, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the ___ day of ___, 202 2, on the following vote:
AYES:
NOES:
ABSENT:
___________________________
Mayor Erica A. Stewart
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
Page 134 of 231
1010 Marsh St., San Luis Obispo, CA 93401
(805) 546-8208 . FAX (805) 546-8641
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of San Luis Obispo,
I am a citizen of the United States and a resident
of the county aforesaid; I am over the age of
eighteen years, and not a party interested in the
above entitled matter. I am the principal clerk
of the printer of the New Times, a newspaper
of general circulation, printed and published
weekly in the City of San Luis Obispo, County
of San Luis Obispo, and which has been
adjudged a newspaper of general circulation by
the Superior Court of the County of San Luis
Obispo, State of California, under the date of
February 5, 1993, Case number CV72789: that
notice of which the annexed is a printed copy
(set in type not smaller than nonpareil), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to -WI
in the year 2022.
I certify (or declare) under the the penalty of
perjury that the foregoing is true and correct.
Dated at San Luis Obispo California, this day
a of /_'ti 2022.
Patricia Horton, New Tunes Legals
Proof of Publication of
CITY OF SLO
0 ORDINANCE NO. 1708
(2022 SERIES)
AN ORDINANCE OF THE CITY COUNCIL Of THE CITY
OF SAN LUIS OBISPO, CALIFORNIA, APPROVING A
REZONE FOR PROPERTY AT 800 TANK FARM RDAD.
THE PROJECT INCLUDES AMENDING THE ZONING
MAP TO CHANGE THE ZONING DESIGNATION OF THE
ASSOCIATED PROPERTIES FROM BUSINESS PARK IBP-
SPI TO COMMERCIAL SERVICES (C-S-SPI, RESPECTIVELY,
AND MAKING ASSOCIATED TEXT AMENDMENTS TO
THE AIRPORT AREA SPECIFIC PLAN TO BE CONSISTENT
WITH THE 6110 TANK FARM MIXED -USE DEVELOPMENT
PLAN IN ACCORDANCE WITH THE ADOPTED FINAL
ENVIRONMENTAL IMPACT REPORT. AS REPRESENTED IN
THE STAFF REPORT AND ATTACHMENTS DATED MARCH
1, Z022 (600 TANK FARM: P941005-2021, GENP-0814-2019,
SPEC41407-2020, & EID-060B-TDID)
NOTICE IS HEREBY GIVEN that the City Council of the City
of San Luis Obispo, California, at its Regular Meeting of
January 11, 2022, imroduced the above titled ordinance
upon a motion by Vice Mayor Christenson, second by
Council Member Marx, and on the fallowing roll call vote:
AYES: Council Member Marx, Pease, Shoresmon,
Vice Mayor Christianson, and Mayor Stewart
NOES: None
Ordnance No IZ0812022 Sere I: This is a City Ordinance
to amend the Chys Zoning Map to change the zoning
designation of the associated properties at 600 Tank
Farm Road from Business Park (BP-SPI to Commercial
Services (C-S-SP), respectively, and making associated
text amendments to the Airport Area Specific Plan to he
consistem with the 6DOTank farm mixed -use development
plan in accordance with the adopted Final Environmental
Impact Report.
A full and complete copy ofthe aforementioned Ordinance
is available for inspection as part of the published agenda
packetfor the March 1, 2022 Council Meeting, or you may
call (8051781-710D for more information.
NOTICE IS HEREBY GIVEN that the City Council of the City
of San Luis Obispo will consider adopting the Ordinance at
its Regular Meeting of March 1, 202t at VA pm. held via
teleconference. The City Council meeting will be televised
live on Charter Cable Channel 20 and live streaming on the
Citys YouTube channel hrnslfvoutube slo c'tv.
Teresa Purrington
Ciry Cledc
February24,2022
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