HomeMy WebLinkAboutBates 09002-09014 Item 5 Second Reading of Ordinance - agenda & staff report 10-6-2020
Tuesday, October 6, 2020
San Luis Obispo Page 1
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09002
San Luis Obispo City Council Agenda October 6, 2020 Page 2
San Luis Obispo Page 2
6:00 PM
REGULAR MEETING
TELECONFERENCE
Broadcasted via Webinar
CALL TO ORDER: Mayor Heidi Harmon
ROLL CALL: Council Members Carlyn Christianson, Andy Pease, Erica A. Stewart,
Vice Mayor Aaron Gomez and Mayor Heidi Harmon
PRESENTATIONS
1. DOMESTIC VIOLENCE AWARENESS MONTH PROCLAMATION
(HARMON – 5 MINUTES)
Recommendation:
Mayor Harmon will proclaim the month of October as “Domestic Violence Awareness
Month.”
2. FIRE PREVENTION WEEK PROCLAMATION (HARMON / MAGGIO – 5 MINUTES)
Recommendation:
Mayor Harmon will proclaim the week of October 4-10, 2020 as “Fire Prevention Week.”
PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA
(Not to exceed 15 minutes total)
The Council welcomes your input. State law does not allow the Council to discuss or take
action on issues not on the agenda, except that members of the Council or staff may briefly
respond to statements made or questions posed by persons exercising their public testimony
rights (Gov. Code sec. 54954.2). Staff may be asked to follow up on such items.
CONSENT AGENDA
Matters appearing on the Consent Calendar are expected to be non-controversial and will be
acted upon at one time. A member of the public may request the Council to pull an item for
discussion. Pulled items shall be heard at the close of the Consent Agenda unless a majority of
the Council chooses another time. The public may comment on any and all items on the
Consent Agenda within the three-minute time limit.
09003
San Luis Obispo City Council Agenda October 6, 2020 Page 3
3. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
(PURRINGTON)
Recommendation:
Waive reading of all resolutions and ordinances as appropriate.
4. MINUTES REVIEW - SEPTEMBER 15, 2020 CITY COUNCIL MINUTES
(PURRINGTON)
Recommendation:
Approve the minutes of the City Council meeting held on September 15, 2020.
5. SECOND READING AND ADOPTION OF ORDINANCE NO. 1689 (2020 SERIES)
ESTABLISHING PRE-ZONING AND AMENDMENT OF THE CITY’S ZONING
MAP TO APPLY UPON ANNEXATION OF PROPERTIES WITHIN THE FROOM
RANCH SPECIFIC PLAN AREA (12165 AND 12393 LOS OSOS VALLEY ROAD)
(CODRON)
Recommendation:
Adopt Ordinance No. 1689 (2020 Series) entitled, “An Ordinance of the City Council of the
City of San Luis Obispo, California, establishing pre-zoning and amendment of the City’s
Zoning Map to apply upon annexation of properties within the Froom Ranch Specific Plan
Area (SPEC-0143-2017, SBDV-0955-2017, GENP-0737-2019, ANNX-0335-2020, EID-
0738-2019; Specific Plan Area 3; 12165 and 12393 Los Osos Valley Road).”
6. ADOPT THE REVISED CITY OF SAN LUIS OBISPO SECTION 125 PLAN
(IRONS / SUTTER)
Recommendation:
Adopt the 2020 City of San Luis Obispo Section 125 Plan Document and delegate authority
to the Human Resources Director to make subsequent administrative changes necessary to
maintain the Plan.
7. FIRE STATION ALERTING SYSTEM SERVICE AGREEMENT
(AGGSON / BLATTLER)
Recommendation:
1. Approve a five-year Fire Station Alerting System Sole Source Service Agreement with
U.S. Digital Designs, Inc. for $149,715; and
2. Authorize the Fire Chief to execute the service agreement.
09004
San Luis Obispo City Council Agenda October 6, 2020 Page 4
8. UPDATE TO THE SAN LUIS OBISPO CLIMATE COALITION MEMORANDUM
OF UNDERSTANDING (HERMANN / READ)
Recommendation:
Approve the updated Memorandum of Understanding between the City of San Luis Obispo
and the San Luis Obispo Climate Coalition to continue a partnership to help achieve the
Climate Action objectives of the 2020 Climate Action Plan for Community Recovery and
related Major City Goal work program tasks.
9. APPROVE A MEMORANDUM OF UNDERSTANDING WITH SAN LUIS
COASTAL UNIFIED SCHOOL DISTRICT TO ACCEPT REIMBURSEM ENT FOR
CHILDCARE DURING DISTANCE LEARNING (AVAKIAN / BURGER)
Recommendation:
Approve the proposed Memorandum of Understanding (MOU) with San Luis Obispo
Coastal Unified School District (SLCUSD) and authorize the City Manager to execute the
MOU implementing action taken at the City Council meeting on August 18, 2020 to accept
SLCUSD funding of up to $100 per student per week for the fall 2020 program (16-week
on-site childcare).
10. SECOND READING AND ADOPTION OF ORDINANCE NO. 1690 (2020 SERIES)
REZONING AND AMENDING THE SPECIFIC PLAN DESIGNATION FOR THE
PROPERTY AT 660 TANK FARM ROAD AND AMENDING THE AIRPORT AREA
SPECIFIC PLAN DESIGNATION FOR 3985 BROAD STREET (CODRON / COREY)
Recommendation:
Adopt Ordinance No. 1690 (2020 Series) rezoning and amending the Specific Plan
Designation for the property at 660 Tank Farm Road and amending the Airport Area
Specific Plan Designation for 3985 Broad Street.
11. APPROVAL OF THE FINAL MAP FOR TRACT 3150, SAN LUIS RANCH, 1035
MADONNA ROAD (FMAP-0309-2020) (CODRON / LA CHAINE)
Recommendation:
Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo,
California, approving the Final Map for Tract 3150 San Luis Ranch (1035 Madonna Road,
FMAP-0309-2020).”
09005
San Luis Obispo City Council Agenda October 6, 2020 Page 5
12. CONSIDERATION OF AN AFFORDABLE HOUSING FUND REQUEST FROM
HASLO FOR ACQUISITION OF AN AT-RISK AFFORDABLE UNIT LOCATED
AT 1664 FOREMAN COURT AND ADMINISTRATIVE AMENDMENT OF THE
2019 ACTION PLAN OF HASLO’S 2019 COMMUNITY DEVELOPMENT BLOCK
GRANT AWARD FOR SPECIAL NEEDS ACQUISITION/AT-RISK OF
HOMELESSNESS CLIENTS PROJECT (CODRON / VERESCHAGIN)
Recommendation:
1. Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, approving the reallocation of Affordable Housing Funds upon the
market-value resale of the affordable housing unit located at 1664 Foreman Court to the
Housing Authority of the City of San Luis Obispo to assist with the acquisition of the
existing property;” and
2. Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, approving a recommendation to the Department of Housing and
Urban Development to approve an Administrative Amendment to the 2019 Action Plan
to expand the Housing Authority of San Luis Obispo’s 2019 Community Development
Block Grant Award for a Special Needs Housing Acquisition Project to include
acquisition of property to house at-risk of homelessness clients.”
13. AUTHORIZATION TO AMEND THE 2020 CITY COUNCIL MEETING
CALENDAR (PURRINGTON)
Recommendation:
Amend the 2020 City Council Meeting Calendar to cancel the rescheduled Regular City
Council Meeting of Tuesday, November 10, 2020 and add a rescheduled Regular Meeting
on Tuesday, December 8, 2020.
14. TAX EXCHANGE AGREEMENT WITH COUNTY OF SAN LUIS OBISPO FOR
THE FIERO LAND AND EAST AIRPORT AREA ANNEXATIONS (CODRON)
Recommendation:
Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, accepting a negotiated exchange of tax revenue and annual tax
increment between the County of San Luis Obispo and the City of San Luis Obispo for
Annexation No. 81 (Fiero Lane and East Airport Areas), as represented in the staff report
and attachments dated October 6, 2020.”
09006
San Luis Obispo City Council Agenda October 6, 2020 Page 6
PUBLIC HEARING AND BUSINESS ITEMS
15. 2020-21 CAPITAL IMPROVEMENT PLAN - KEY PROJECT UPDATE
(HORN / NELSON – 45 MINUTES)
Recommendation:
Receive and file a status report on key projects within the City's currently adopted Capital
Improvement Plan.
16. 2019-20 ANNUAL REPORT OF THE TOURISM BUSINESS IMPROVEMENT
DISTRICT (TBID) (HERMANN / CANO – 30 MINUTES)
Recommendation:
1. As recommended by the Tourism Business Improvement District (TBID) Board, receive
and approve the Tourism Business Improvement District (TBID) Board’s 2019-20
annual report; and
2. Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis
Obispo, California, declaring its intention to continue the San Luis Obispo Tourism
Business Improvement District, to continue the basis for and to levy the assessment for
the district, and to set a date for the public hearing on the district and the assessment for
2020-21” at the same rate as in the fiscal year 2019-20.
LIAISON REPORTS AND COMMUNICATIONS
(Not to exceed 15 minutes)
Council Members report on conferences or other City activities. At this time, any Council
Member or the City Manager may ask a question for clarification, make an announcement, or
report briefly on his or her activities. In addition, subject to Council Policies and Procedures,
they may provide a reference to staff or other resources for factual information, request staff to
report back to the Council at a subsequent meeting concerning any matter, or take action to
direct staff to place a matter of business on a future agenda. (Gov. Code Sec. 54954.2)
ADJOURNMENT
The next Regular City Council Meeting is scheduled for Tuesday, October 20, 2020 at 6:00 p.m.,
via teleconference.
09007
San Luis Obispo City Council Agenda October 6, 2020 Page 7
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09008
Department Name: Community Development
Cost Center: 4003
For Agenda of: October 6, 2020
Placement: Consent
Estimated Time: N/A
FROM: Michael Codron, Community Development Director
Prepared By: Shawna Scott, Senior Planner
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1689 (2020
SERIES) ESTABLISHING PREZONING AND AMENDMENT OF THE
CITY’S ZONING MAP TO APPLY UPON ANNEXATION OF PROPERTIES
WITHIN THE FROOM RANCH SPECIFIC PLAN AREA (12165 AND 12393
LOS OSOS VALLEY ROAD) CONSISTING OF THE FOLLOWING ZONING
DESIGNATIONS: R-3-SP (MEDIUM-HIGH DENSITY RESIDENTIAL), R-4-
SP (HIGH DENSITY RESIDENTIAL), C-R-SP (RETAIL COMMERCIAL), PF-
SP (PUBLIC FACILITIES), AND C/OS-SP (CONSERVATION OPEN SPACE)
RECOMMENDATION
Adopt Ordinance No. 1689 (2020 Series) (Attachment A) establishing pre-zoning and
amendment of the City’s Zoning Map to apply upon annexation of properties within the Froom
Ranch Specific Plan area consisting of the following zoning designations: R-3-SP (Medium-
High Density Residential), R-4-SP (High Density Residential), C-R-SP (Retail Commercial), PF-
SP (Public Facilities), and C/OS-SP (Conservation/Open Space), consistent with the approved
Froom Ranch Specific Plan.
DISCUSSION
On September 15, 2020, the City Council voted 5:0 to certify the Final Envir onmental Impact
Report (EIR) for the Froom Ranch Specific Plan, approve the Froom Ranch Specific Plan and
associated entitlements including a Vesting Tentative Tract Map and General Plan Amendment,
and introduce Ordinance No. 1689, establishing pre-zoning and amendment of the City’s Zoning
Map to apply upon annexation of subject properties consistent with the approved Froom Ranch
Specific Plan.
Policy Context
As discussed in the Council Agenda Report dated September 15, 2020, the General Plan Land
Use Element identifies the subject parcels as Madonna on LOVR (SP-3, also known as Froom
Ranch). The parcels are located within the City’s Sphere of Influence (SOI), planned for growth
under Land Use Element SP-3, planned for annexation to the City consistent with the General
Plan, and subject to Local Agency Formation Commission (LAFCO) review.
Item 5
09009
The project is based on policy direction included in the General Plan, specifically Land Use
Element Policy 8.1.5, which identifies the Froom Ranch Specific Plan area as SP-3, subject to
policies for the development of a specific plan and certain broad development parameters and
principles. The certified Final EIR identified potential inconsistency with 25 City General Plan
policies, and a detailed analysis of the project’s consistency with these policies is included in the
August 12, 2020 Planning Commission Agenda Report, which was included in the September
15, 2020 Council Agenda Package. In the September 15, 2020 Resolution, the City Council
found that the Froom Ranch project was consistent with the City’s General Plan and related
policies and standards, consistent with the Planning Commission’s recommendation regarding
General Plan consistency and approval of the project.
Public Engagement
Consistent with the City’s Public Engagement and Noticing (PEN) Manual and the City’s
Municipal Code, the project was noticed per the City’s notification requirements 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 located within 300 feet of the project site ten days before the hearing. The City
maintained an Interested Parties list and provided direct notification of project hearings to
individuals on the list. Notices of availability of the Draft EIR and Final EIR were sent to
Interested Parties and Responsible Agencies. A postcard notification of the September 15, 2020
City Council hearing and August 12, 2020 Planning Commission hearing was provided to every
person, organization, and agency who provided comments on the Draft EIR.
CONCURRENCE
The City’s review of the Froom Ranch Specific Plan has involved all City departments involved
in the development review process. Conditions of approval have been identified and mitigation
measures will be implemented to ensure that the project is carried out in a manner that is
consistent with City standards. In addition to further consultation with the City Public Works
Transportation Division regarding potential options for additional bicycle facilities within the
Specific Plan area (as described in the September 15, 2020 Council agenda packet, pages 68 and
69), key issues evaluated by Engineering, Utilities, Fire and Transport ation are summarized in
the August 12, 2020 Planning Commission agenda packet, on page 44. The Airport Land Use
Commission reviewed the project in July 2020 and determined that the project is consistent with
the Airport Land Use Plan.
CONSISTENCY COVID-19 ORDERS AND CURRENT FISCAL CONTINGENCY PLAN
This activity is presently allowed under the State and Local emergency orders associated with
COVID-19. This project and associated staff work will be reimbursed by the applicant directly or
indirectly through fees and is therefore consistent with the guidance of the City’s Fiscal Health
Contingency Plan.
Item 5
09010
ENVIRONMENTAL REVIEW
On September 15, 2020, the City Council adopted Resolution No. 11165 (2020 Series),
certifying the Final Environmental Impact Report for the project and adopting California
Environmental Quality Act (CEQA) Findings and Statement of Overriding Considerations, and
adopting the Mitigation, Monitoring, and Reporting Program for the project. A Notice of
Determination was filed with the San Luis Obispo Clerk Recorder’s Office on September 16,
2020.
FISCAL IMPACT
Budgeted: No Budget Year: N/A
Funding Identified: No
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund N/A
State
Federal
Fees
Other:
Total N/A
The applicant provided funds for the use of consultant support, including the management,
evaluation, and processing of the Froom Ranch Specific Plan project and preparation of the
associated EIR, Findings, and Statement of Overriding Considerations. Entitlement fees for the
processing of the Vesting Tentative Tract Map were received by the applicant, consistent with
the City’s adopted fee schedule.
In addition, the proposed land uses are mostly consistent with the land uses identified in the Land
Use Element of the City’s General Plan. When the General Plan was adopted, a fiscal analysis
was prepared that concluded that the City’s land use plans are fiscally balanced, meaning that on
balance the costs of development will be offset by revenue from sales tax, property tax, transient
occupancy tax, and other revenues generated by the project. As a result, the approval of the
Froom Ranch Specific Plan is expected to have neutral fiscal impact on the City’s Gener al Fund.
ALTERNATIVES
1. Modify the proposed ordinance. The City 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
Planning Commission followed by re-introduction of the Ordinance by the Council.
Item 5
09011
Attachments:
a - Ordinance No. 1689 (2020 Series)
b - COUNCIL READING FILE - Exhibit A to Ordinance No. 1689
Item 5
09012
O 1689
ORDINANCE NO. 1689 (2020 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ESTABLISHING PRE-ZONING AND
AMENDMENT OF THE CITY’S ZONING MAP TO APPLY UPON
ANNEXATION OF PROPERTIES WITHIN THE FROOM RANCH
SPECIFIC PLAN AREA (SPEC-0143-2017, SBDV-0955-2017, GENP-0737-
2019, ANNX-0335-2020, EID-0738-2019; SPECIFIC PLAN AREA 3; 12165
AND 12393 LOS OSOS VALLEY ROAD)
WHEREAS, City General Plan Land Use Element Policies 1.13.3 (Annexation Purpose
and Timing), 1,13,6 (Required Plans), and 8.1.1 (Specific Plan/General Plan Amendment) require
the preparation of a Specific Plan for the Froom Ranch (Madonna on LOVR) area prior to
annexation and further development; and
WHEREAS, a Draft Specific Plan has been prepared for the Froom Ranch (Madonna of
LOVR) area pursuant to the General Plan and the State Government Code; and
WHEREAS, on August 12, 2020 the Planning Commission held a public hearing to
consider the recommendation of staff and consider the Specific Plan map, text, and necessary
changes to the General Plan Map and Zoning Map to implement the Specific Plan for the purpose
of making a recommendation to the City Council; and
WHEREAS, on August 12, 2020 the Planning Commission recommended that the City
Council certify the Final Environmental Impact Report for the Froom Ranch Specific Plan with
findings of significant environmental effects, mitigation measures, and the statement of overriding
considerations; and
WHEREAS, on September 15, 2020, the City Council held a public hearing to consider
the recommendations of the Planning Commission and staff, and to consider the Specific Plan
map, text, and necessary changes to the General Plan Map and Text and Zoning Map to implement
the Specific Plan; and
WHEREAS, the Specific Plan is consistent with the City’s General Plan, as amended; and
WHEREAS, as a result of its deliberations, the City Council has decided to adopt the
Froom Ranch Specific Plan and an ordinance is required to implement the zoning identified in the
Specific Plan.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Environmental Determination. The City Council has certified the Final
Environmental Impact Report (EIR) for the Froom Ranch Specific Plan and finds that the EIR
adequately addresses the potential significant environmental impacts of the proposed Zoning Map
amendment, and reflects the independent judgement of the City Council.
Item 5
09013
Ordinance No. 1689 (2020 Series) Page 2
O 1689
SECTION 2. Zoning Map Amendment and Pre-zoning. The City Council hereby pre-
zones the properties as shown in “Exhibit A” such that the zoning becomes effective upon
annexation.
SECTION 3. Summary. A summary of this ordinance, approved by the City Attorney,
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 a newspaper published and circulated in the City of San Luis
Obispo. This ordinance shall go into effect at the expiration of thirty (30) days after its final
passage.
INTRODUCED on the 15th day of September 2020, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the ____ day of ________, 2020, on the following vote:
AYES:
NOES:
ABSENT:
____________________________________
Mayor Heidi Harmon
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
Item 5
09014