HomeMy WebLinkAboutO-1726 amending Title 17 (Zoning Regulations) to adopt a Downtown Flexible Density Program (CODE-0017-2023)O 1726
ORDINANCE NO. 1726 (2023 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING TITLE 17 (ZONING
REGULATIONS) OF THE MUNICIPAL CODE TO INCORPORATE A
DOWNTOWN FLEXIBLE DENSITY PROGRAM FOR QUALIFYING
RESIDENTIAL PROJECTS. PROJECT IS CONSISTENT WITH THE
PREVIOUS MITIGATED NEGATIVE DECLARATION FOR THE 2018
COMPREHENSIVE ZONING REGULATIONS UPDATE (DOWNTOWN
FLEXIBLE DENSITY PROGRAM, CODE-0017-2023)
WHEREAS, on February 5, 2019, the City of San Luis Obispo adopted a
comprehensive update of the Zoning Ordinance (2018 Zoning Ordinance); and
WHEREAS, on November 17, 2020, the City Council of the City of San Luis Obispo
conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San
Luis Obispo, California on November 17, 2020, for the purpose of final adoption of the
sixth cycle update to the General Plan Housing Element that included Program 2.15 that
states, “Evaluate a flexible density pilot program and initiate an update of the Zoning
Regulations and Community Design Guidelines to incorporate flexible density
development options in Downtown Core and portions of Upper Monterey and Mid-
Higuera Special Focus Areas to support the production of 50 smaller residential units
(150 to 600 square feet) per year during the planning period”; and
WHEREAS, the 6th Cycle Housing Element includes Policy 6.6 that states,
“Consistent with the City’s goal to stimulate higher density infill where appropriate in the
Downtown, Upper Monterey, and Mid-Higuera Special Focus Areas, the City shall
consider changes to the Zoning Regulations that would allow for flexible density
standards that support the development of smaller apartments and efficiency units”; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted
a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California on February 22, 2023, for the purpose of considering the various amendments
to Title 17 (Zoning Regulations) of the Municipal Code to implement the Downtown
Flexible Density Program; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California on March 21, 2023, for the purpose of considering the various amendments
amendment to Title 17 (Zoning Regulations) of the Municipal Code to implement the
Downtown Flexible Density Program;
WHEREAS, the City Council finds that the proposed amendment is consistent
with the General Plan, Zoning Regulations, and other applicable City goals and policies
as amended; and
WHEREAS, notices of said public hearing were made at the time and in the
manner required by law.
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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 Council of the City of San Luis
Obispo as follows:
SECTION 1. Incorporation of Recitals. The City Council find that the foregoing
recitals and administrative report presented with this ordinance are true and correct and
are incorporated in the ordinance by this reference and adopted as the findings of the
City Council.
SECTION 2. Findings. Based upon all the evidence, the City Council makes the
following findings:
1. The proposed amendments to Title 17 to implement the Downtown Flexible
Density Program will not cause significant health, safety, or welfare con cerns
since the amendments are consistent with the General Plan and directly
implement City goals and polices.
2. The proposed amendments to Title 17 of the Municipal Code are consistent
with the 6th Cycle Housing Element Program 2.15 which states “Evaluate a
flexible density pilot program and initiate an update of the Zoning Regulations
and Community Design Guidelines to incorporate flexible density development
options in Downtown Core and portions of Upper Monterey and Mid-Higuera
Special Focus Areas to support the production of 50 smaller residential units
(150 to 600 square feet) per year during the planning period.”
3. The proposed amendment to Title 17 of the Municipal Code are also consistent
with the 6th Cycle Housing Element Policy 6.6 which states “Consistent with the
City’s goal to stimulate higher density infill where appropriate in the Downtown,
Upper Monterey, and Mid-Higuera Special Focus Areas, the City shall consider
changes to the Zoning Regulations that would allow for flexible density
standards that support the development of smaller apartments and efficiency
units.”
4. The proposed amendment to Title 17 of the Municipal Code are also consistent
with the Land Use Element Program 2.15 (Residential Densities) which states
“The City will evaluate alternatives to the current maximum number of dwelling
units per acre (based on bedroom count) and height, parking, and setback
standards, to regulate residential building intensity, an d bulk and mass. Floor
area limits will be considered.”
SECTION 3. Environmental Determination. Pursuant to CEQA Guideline 15164,
an addendum to the Initial Study / Negative Declaration for the Zoning Regulations
Update (GENP-0327-2017) was prepared for the proposed Downtown Flexible Density
Program. The addendum concluded the following:
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i. Pursuant to Section 15162 of the State CEQA Guidelines, a subsequent
environmental impact report is not required because:
a) The project changes do not result in new or more severe environmental
impacts,
b) The circumstances under which the project is undertaken will not require
major changes to the adopted Negative Declaration , and
c) The modified project does not require any new mitigation measures.
ii. The proposed Downtown Flexible Density Program, including proposed
amendments identified in this Addendum, would make revisions, additions,
corrections and clarifications to various sections of the Zoning Regulations
to ensure consistency and successful implementation of the Housing
Element. The proposed Downtown Flexible Density Program and
associated amendments to Municipal Code Title 17 are consistent with the
scope of the previously approved Comprehensive Zoning Regulations
Update.
iii. The changes are consistent with State Law, the City of San Luis Obispo
Climate Action Plan, and the City of San Luis Obispo General Plan.
Based on the foregoing, the City Council does hereby adopt the Addendum to the Initial
Study Negative Declaration that was prepared for the Comprehensive Zoning Regulations
Update for the Downtown Flexible Density Program, as provided in Exhibit A.
SECTION 4. Section 17.70.040.A.3, entitled “Maximum Residential Development
Potential” is hereby amended to add a new s ubsection “a” entitled “Downtown Flexible
Density Program”, and reads as follows:
3. Maximum Residential Development Potential. Maximum residential
development potential shall be the net lot area (in whole and fractional acres),
multiplied by the maximum density allowed (in density units per acre) according
to Subsections A.1 through A.2, above. The resulting number (in density units,
carried out to the nearest one hundredth unit) will be the maximum residential
development potential. Any combination of dwelling types and numbers may
be developed, so long as their combined density unit values do not exceed the
maximum potential.
a. Downtown Flexible Density Program. Properties zoned C-D or C-R within
the Downtown Core may be developed at a residential density that is
greater than the base density for the zone in which the lot is located, subject
to the provisions outlined in Chapter 17.141 (Downtown Flexible Density
Program).
SECTION 5. Section 17.70.130.D.1.a, entitled “Ground Floor Limitations” is
hereby amended to read as follows:
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a. Ground Floor Limitations. In the Downtown Core (as shown in Section
17.141.020, Figure 8-1) and the C-D zone, residential units shall not occupy
any ground floor space. In all other zones, residential units shall not occupy
more than 50 percent of the ground floor space within the first 50 feet of floor
area measured from each building face adjacent to a street toward the rear of
the building, with no more than 30 percent of the building frontage to be
occupied by residential uses.
SECTION 6. Section 17.138.020.A, is hereby amended to add a new subsection
“8”, and reads as follows:
A. This Chapter shall apply to all residential development projects, except the
following types of residential development projects are exempt:
1. Residential additions, repairs, or remodels, provided that such work does
not increase the number of existing dwellings;
2. The addition or inclusion of Accessory Dwelling Units (ADUs) or Junior
Accessory Dwelling Units (JADUs) associated with an existing or proposed
residential or mixed-use development;
3. Affordable housing projects in which 100 percent of the dwellings to be built
will be sold or rented in conformance with the City’s Affordable Housing
Standards (excluding any on-site manager unit);
4. Housing projects that include a density bonus.
5. Emergency projects or projects which the Council determines are
necessary to protect public health and safety;
6. Development projects which the Director determines are essentially
noncommercial or nonresidential in nature, which provide educational,
social, or related services to the community and which are proposed by
public agencies, nonprofit agencies, foundations, and othe r similar
organizations;
7. Projects which replace or restore a structure damaged or destroyed by fire,
flood, earthquake, or other disaster within three years prior to the application
for the new structure(s) (see Chapter 17.92 Nonconforming Structure);
8. Residential units that qualify under the Downtown Flexible Density Program
(see Chapter 17.141).
SECTION 7. New Chapter 17.141, entitled “Downtown Flexible Density Program”
is hereby added to Municipal Code Title 17 Article 8, to read as follows:
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Chapter 17.141 – Downtown Flexible Density Program
17.141.010 – Purpose and Intent
The provisions in this Chapter are intended to carry out a key program directed by the
2014 General Plan Land Use Element, and the 2020 Housing Element to implement
the Downtown Flexible Density Program. The Program is intended to facilitate the
construction of smaller housing units within the City’s Downtown Core by relaxing
density limitations for qualifying units and providing development standard incentives.
The Program will be in effect until January 1, 2029, or until 500 residential units have
been entitled or permitted, whichever occurs first.
17.141.020 - Applicability
The Downtown Flexible Density Program eliminates residential density requirements
for units less than 600 square feet in size. Projects that qualify under this Chapter
may be developed at a residential density that is greater than the base density for the
zone in which the lot is located.
A. Location. The Downtown Flexible Density Program shall only be available to
properties zoned C-D or C-R within the Downtown Core as shown in the Figure 8-
1 (Downtown Core).
B. Residential Units. The Downtown Flexible Density Program is limited to studio or
one-bedroom units that are less than 600 square feet, all other residential units
600 square feet or larger shall conform to the standard density limitations of the
underlying zone.
1. The provisions of this Chapter shall not apply to projects that include a request
for a density bonus in accordance with Section 17.140.040 (Standard
Incentives for Housing Projects). Standard density limitations shall apply to any
project that includes a request for a density bonus, in accordance with Section
17.70.040.A.1 (Density Calculation – General).
C. Homestay Rentals Exclusion. Qualifying units under the Downtown Flexible
Density Program shall be prohibited from any activities associated with Section
17.86.160 (Homestay Rentals).
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Figure 8-1: Downtown Core
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17.141.030 - Development Standards Incentives
Applications submitted for review in accordance with this Chapter shall conform to all
applicable development standards of the underlying zone, including but not limited to
height, setbacks, floor area ratios, and building lot coverage, unless otherwise st ated
in this Chapter or prohibited by state law.
A. Residential Density. Residential units that are less than 600 square feet in size
and limited to a studio or one-bedroom configuration may exceed the base density
for the zone in which the lot is located, in accordance with all provisions of this
Chapter. For the purposes of this Program, qualifying units shall have a density
unit value of 0.0, rather than the standard 0.5 density unit.
1. Standard density limitations shall apply to all residential units that are larger
than 600 square feet or include two or more bedrooms, in accordance with
Section 17.70.040.A.1 (Density Calculation – General).
B. Inclusionary Housing Exemption. Residential units less than 600 square feet
that are of a studio or one-bedroom configuration shall be exempt from inclusionary
housing requirements, as described in Section 17.138.040 (Inclusionary Housing
Requirements), subject to the following:
1. Commercial Linkage fees shall apply (Municipal Code Chapter 4.60).
2. Residential units 600 square feet or larger shall be subject to the standard
Inclusionary Housing Requirements (Chapter 17.138: Inclusionary Housing
Requirements).
C. Parking Requirements. Vehicle parking requirements shall be required in
accordance with Chapter 17.72 (Parking and Loading), except as otherwise
provided below;
1. Minimum Parking Requirements. Qualifying units under the Downtown
Flexible Density Program shall require minimum parking rate of one-half that
required in Table 3-4: Parking Requirements by Use.
17.141.040 - Review Procedures
All new construction projects including additions or alterations to existing buildings that
include new units that qualify under this Chapter shall be subject to the City’s
discretionary development review process, unless otherwise exempt, as outlined in
Chapter 17.106 (Development Review).
17.141.050 - Program Duration
The Flexible Density Program shall have an initial duration consistent with th e current
Housing Element Cycle and expire on January 1, 2029, or until 500 new residential
units are entitled or permitted under this program, whichever occurs first.
A. Exclusion of Affordable Housing Units. Housing units that are deed restricted
as affordable to moderate-income or below households, as defined in the City’s
Below Market Rate Housing Standards, will not count towards the 500 -unit
Program limit.
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B. Pending Applications. Any application for new development that is deemed
complete prior to the expiration of the Program term as established in this Section,
may continue to be processed in accordance with this Chapter.
SECTION 8. Figure 8-1 (Downtown Planning Area and Downtown Core) in
Chapter 17.142.020is hereby relabeled as Figure 8-2, including all text references
throughout Title 17.
SECTION 9. Section 17.144.020, entitled “Allocations,” subsection “D” is hereby
amended to read as follows:
D. Dwellings affordable and enforceably restricted to residents with extremely low,
very low, low, or moderate incomes, as defined in the City’s General Plan Housing
Element, new dwellings in the Downtown Core, and legally established accessory
dwelling units shall be exempt from these regulations. Enforceably restricted shall
mean dwellings that are subject to deed restrictions, development agreements, or
other legal mechanisms acceptable to the City to ensure long -term affordability,
consistent with City affordable housing standards. In expansion areas, the overall
number of units built must conform to the City approved phasing plan.
SECTION 10. 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 rem aining 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 .
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SECTION 11. Implementation. 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 21st day of March 2023, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 18th day of April 2023, on the following vote:
AYES: Council Member Francis, Pease, Shoresman, Vice Mayor Marx, and
Mayor Stewart
NOES: None
ABSENT: None
__________________________
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
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EXHIBIT A
Addendum to the Initial
Study/Mitigated Negative Declaration
for the 2018 Zoning Regulations
Update, San Luis Obispo, California
FEBRUARY 2023
PREPARED FOR
City of San Luis Obispo
PREPARED BY
SWCA Environmental Consultants
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EXHIBIT A: Addendum to IS/MND for the 2018 Zoning Regulations Update
11
ADDENDUM TO THE INITIAL STUDY/MITIGATED NEGATIVE
DECLARATION FOR THE 2018 ZONING REGULATIONS
UPDATE, SAN LUIS OBISPO, CALIFORNIA
Prepared for
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Attn: Kyle Bell, Housing Coordinator
Prepared by
SWCA Environmental Consultants
1422 Monterey Street, Suite C200
San Luis Obispo, CA 93401
(805) 543-7095
www.swca.com
SWCA Project No. 71167.04
February 2023
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EXHIBIT A: Addendum to IS/MND for the 2018 Zoning Regulations Update
i
CONTENTS
Introduction ..................................................................................................................... 2
Purpose of Addendum ..................................................................................................... 2
Project Revisions ............................................................................................................ 4
Minor Technical Changes to the MND............................................................................. 5
Basis for Addendum ...................................................................................................... 14
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EXHIBIT A: Addendum to IS/MND for the 2018 Zoning Regulations Update
INTRODUCTION
On February 5, 2019, the City of San Luis Obispo (City) adopted a Mitigated Negative Declaration
(MND; State Clearing House [SCH] #2013121019) for the Zoning Regulations Update (project)
and approved revisions to the Zoning Regulations that were focused on implementation of the
policies and programs in the City’s General Plan Land Use and Circulation Element (LUCE).
Specifically, the revisions included specifying density for dwelling units less than 600 square feet
in size as 0.50 density units, consistent with LUCE Policies 2.15 and 4.28. Since the Zoning
Regulations update was consistent with the 2014 LUCE, the MND tiered with and incorporated,
by reference, the City’s previously certified Program Final Environmental Impact Report
(September 2014; FEIR; SCH #2013121019) prepared for the LUCE pursuant to State CEQA
Guidelines Sections 15150, 15152, and 15168. The City is now seeking minor revisions from what
was analyzed in the MND to amend the Zoning Regulations and revise the density for dwelling
units less than 600 square feet in size that are in the Downtown Core from 0.50 dens ity units to
0.00 density units (see discussion below).
The project would apply to the Downtown Core (as identified in the LUCE) on parcels zoned C-D
(Downtown Commercial) and C-R (Retail Commercial), see Figure 1 below.
PURPOSE OF ADDENDUM
Pursuant to Section 21166 of CEQA and Section 15162 of the State CEQA Guidelines, when a
lead agency has adopted an MND for a project, a subsequent MND does not need to be prepared
for the project unless the lead agency determines that one or more of the following conditions are
met:
1. Substantial project changes are proposed that will require major revisions of the previous
MND due to the involvement of new significant environmental effects or a substantial
increase in the severity of previously identified significant effects;
2. Substantial changes would occur with respect to the circumstances under which the
project is undertaken that require major revisions to the previous MND due to the
involvement of new significant environmental effects or a substantial increase in the
severity of previously identified significant effects; or
3. New information of substantial importance that was not known and could not have been
known with the exercise of reasonable diligence at the time the previous MND was
adopted shows any of the following:
a. The project will have one or more significant effects not discussed in the previous
MND;
b. Significant effects previously examined will be substantially more severe than
identified in the previous MND;
c. Mitigation measures or alternatives previously found not to be feasible would in
fact be feasible, and would substantially reduce one or more significant effects of
the project, but the project proponent declines to adopt the mitigation measures or
alternatives; or
d. Mitigation measures or alternatives that are considerably different from those
analyzed in the previous MND would substantially reduce one or more significant
effects on the environment, but the project proponent declines to adopt the
mitigation measures or alternatives.
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Figure 1. Downtown Core and Downtown Planning Area
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EXHIBIT A: Addendum to IS/MND for the 2018 Zoning Regulations Update
Preparation of an Addendum to an MND is appropriate when none of the conditions specified in
Section 15162 (above) are present and some minor technical changes to the previously adopted
MND are necessary (see discussion below).
PROJECT REVISIONS
The MND analyzed revisions to the Zoning Regulations that included changing the City’s bedroom
density approach and establishing a minimum density unit count in multi-unit zones. Studio and
one-bedroom dwelling units less than 600 square feet in size (in all zones except AG, C/OS, and
R-1), were assigned a density unit value of 0.50 (i.e., if a parcel has a maximum density allowance
of 4, up to 8 units less than 600 square feet in size could be built).
The City now proposes to revise the density unit value of dwellings less than 600 square feet in
size in the Downtown Core from 0.50 density units to 0.00 density units to facilitate the
implementation of LUCE Policy 4.28, which calls for variable density and efficiency units1 in the
downtown.
The City uses floor-area-ratio (FAR) to regulate the intensity of uses through a combination of
height and lot coverage standards. The existing maximum FAR in the C-D zone is 3.0 for
structures up to 50 feet tall, 3.75 for structures over 50 feet tall, and 4.0 for structures over 50 feet
tall that either include a transfer of development credits for open space or historic preservation.
The existing maximum FAR in the C-R zone is 3.0. The existing height limit in the C-D zone is 50
feet, or up to 75 feet with approval of a use permit from the Planning Commission contingent upon
performance standards described in Section 17.32.030 of the Zoning Regulations. The maximum
allowed lot coverage in the C-D zone is 100 percent. The existing height limit in the C-R zone is
45 feet.
The proposed revision would alter the traditional allocation of residential capacity in the Downtown
Core away from density units per acre and only rely on the FAR allowances of individual parcels
as the threshold for the maximum number of units less than 600 square feet (limited to a studio
or one-bedroom configuration). Standard density limitations would apply for all units larger than
600 square feet. By relying on the FAR rather than density units per acre, a parcel could have
greater flexibility in the number of qualifying units within the footprint of the structure. Residential
uses on the ground floor would still be prohibited in the C-D zone due to the existing flood zone
restrictions. The proposed revisions would not alter FAR, height, or lot coverage standards.
Based on the City’s Housing Element Development Capacity Calculation (Appendix E), and
assuming an average 50% floor-area-ratio (FAR) dedicated toward residential uses, the maximum
additional buildout capacity of the Downtown Core would be approximately 1,000 units, which
would likely be single or double occupancy units. However, the draft ordinance proposes to limit
the program to 500 units.
1 Efficiency units are defined by Health and Safety Code Section 17958.1 and are units that are a minimum of 150
square feet in size that may also have partial kitchen and bathroom facilities.
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MINOR TECHNICAL CHANGES TO THE MND
Aesthetics. The MND determined potential impacts resulting from the implementation of the
Zoning Regulations Update may include blockage of views by construction equipment and staging
areas; disruption of views by temporary signage; exposure of slopes and removal of vegetation;
structural development within identified scenic areas; and view blockages by new structures,
signs, and parking areas. The proposed density revisions would not alter the height, FAR, lot
coverage, or design guideline standards and would not result in new development where such
development is currently prohibited. No new or more significant aesthetic impacts beyond what
was identified in the MND would occur and no new mitigation measures are required.
Agriculture. The MND determined that buildout of the City pursuant to the Zoning Regulations
Update would facilitate the development and redevelopment of residential uses in areas of the
city near agricultural areas. The proposed density revisions would apply only to the Downtown
Core and would not apply to land designated for agriculture or to land that is near agriculture
areas. No new or more significant agriculture impacts beyond what was identified in the MND
would occur and no new mitigation measures are required.
Air Quality. The MND citing the 2014 LUCE FEIR identified inconsistencies with the assumptions
used in the San Luis Obispo Air Pollution Control District’s (SLOAPCD’s) Climate Action Plan
(CAP). This change was determined to be significant and unavoidable and a statement of
overriding considerations was adopted by the City Council. The MND did not identify any new or
more significant CAP consistency impacts beyond what was identified in the 2014 LUCE FEIR
and no mitigation measures were required. The proposed density revisions would exceed the
population growth projections of the SLOAPCD CAP as the density is higher than what was
accounted for. However, this impact was considered in the MND and the proposed density
revisions would not substantially increase this projection (500 new units). No new or more
significant SLOAPCD CAP consistency impacts would occur beyond what was identified in the
MND, and no new mitigation measures are required.
The MND determined that future development projects proposed under the Zoning Regulations
Update would require construction activity resulting in the generation of criteria air pollutants and
ozone precursor emissions. The MND cited the 2014 LUCE FEIR which determined that
adherence to relevant policies and implementation of SLOAPCD‐recommended project‐specific
mitigation measures would reduce potential impacts associated with future development under
the proposed Zoning Regulations Update to a less‐than‐significant level. The MND did not identify
any new or more significant construction-related air pollutant emissions impacts beyond what was
identified in the 2014 LUCE FEIR and no mitigation measures were required. The proposed
density revisions would not increase the total potential development of a parcel, which would still
be governed by FAR, height, and lot coverage standards. No new or more significant construction-
related air quality impacts would occur beyond what was identified in the MND, and no new
mitigation measures are required.
The MND determined that future development projects proposed under the Zoning Regulations
Update would involve the operation of development projects that would generate long-term
emissions of criteria pollutants and ozone precursors. However, the MND also noted that
consistent with the LUCE, the Zoning Regulations Update may result in beneficial environmental
impacts on air quality by developing incentives in the Downtown area to reduce the use of cars,
including provisions that would allow for corner stores in residential areas, further allowing upper-
story residential uses in commercial areas, providing for an enhanced pedestrian experience in
the Downtown, providing additional dwelling units within medium to high residentially-zoned
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EXHIBIT A: Addendum to IS/MND for the 2018 Zoning Regulations Update
areas, maintaining rural character and protecting natural resource areas, incorporating further
sustainability standards into land use regulations, and adjusting parking requirement to achieve
multi-modal objectives identified in the General Plan. The MND did not identify any new or more
significant construction-related air pollutant emissions impacts beyond what was identified in the
2014 LUCE FEIR and no mitigation measures were required. The proposed density revisions
would implement an incentive to reduce the use of cars by providing additional residential uses in
the Downtown Core, in proximity to shopping, dining, transportation, and recreation, which may
result in a beneficial environmental impact to air quality. No new or more significant operational
air quality impacts beyond what was identified in the MND would occur and no new mitigation
measures are required.
The MND determined that the Zoning Regulations Update would not result in the exposure of
sensitive receptors to substantial sources of local carbon monoxide concentrations, toxic air
contaminants, or odors, based on the 2014 LUCE FEIR, because the Zoning Regulations Update
would occur in areas of the City that were assessed in the 2014 LUCE FEIR. The proposed
density revisions would not result in the placement of new sensitive receptors closer to existing
sources of air pollution in comparison to existing conditions. No new or more significant impacts
beyond what was identified in the MND would occur and no new mitigation measures are required.
Biological Resources. The MND determined that future development pursuant to the Zoning
Regulations Update would be required to comply with local, state, and federal laws and policies,
and all applicable permitting requirements of the regulatory and oversight agencies intended to
address potential impacts to special‐status wildlife species. The MND determined that
implementation of local policies, as well as compliance with state and federal laws and policies
and the requirements of regulatory and oversight agencies as appropriate, and reliance on
establishment of project‐specific mitigation measures where appropriate would reduce potential
impacts to a less than significant level.
The proposed density revisions would apply to the Downtown Core, which is a largely built-up
area with little remaining native habitat. San Luis Obispo Creek flows in a man-made channel and
through a concrete tunnel beneath downtown San Luis Obispo emerging near Mission San Luis
Obispo de Tolosa. Future development resulting from the proposed revisions would be subject to
creek setback requirements and performance standards identified in the Zoning Regulations.
Additionally, Conservation and Open Space Element (COSE) Policy 7.3 requires that projects
within or adjacent to known occurrences of Natural Communities of Special Concern, or in areas
that have potential to contain one or more of these habitats, to have a site-specific biology report
prepared and undergo individual project environmental review to determine the location, extent,
and proposed impact to those habitats. No new impacts to biological resources beyond what was
identified in the MND would occur and no new mitigation measures are required.
Cultural Resources. The MND, citing the 2014 LUCE FEIR, determined that development
facilitated under the LUCE and Zoning Regulations Update could have an adverse impact on
historical structures by damaging or destroying historical buildings or structures, diminishing the
integrity of the context and setting of individual properties, or diminishing the integrity of the
historical district. The loss of historic buildings or new developments within the existing historic
districts that could impact historical resources was considered potentially significant. However,
the policies and programs identified in the LUCE and COSE, the City’s Historic Preservation
Ordinance, Historic Preservation Program Guidelines, Historic Context Statement, the City‐
designated Cultural Heritage Committee (CHC) policies and guidelines, and compliance with
CEQA would directly address this impact. The MND did not identify any new or more significant
impacts on historical resources beyond what was analyzed in the 2014 LUCE FEIR. The proposed
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density revisions would not make any changes to the LUCE and COSE, the City’s Historic
Preservation Ordinance, Historic Preservation Program Guidelines, Historic Context Statement,
or the City‐designated Cultural Heritage Committee (CHC) policies and guidelines and would not
allow new development in areas not contemplated by the LUCE or Zoning Regulations Update.
No new impacts to historical resources beyond what was identified in the MND would occur and
no new mitigation measures are required.
The MND determined that development facilitated under the Zoning Regulations Update would
result in impacts to archeological and paleontological resources and human remains. This impact
was determined to be less than significant with the adherence to the City’s Archaeological
Resource Preservation Program Guidelines and compliance with federal and state regulations.
The MND did not identify any new or more significant impacts on archaeological and
paleontological resources or human remains beyond what was analyzed in the 2014 LUCE FEIR.
The proposed density revisions would not make any changes to the LUCE and COSE, the City’s
Historic Preservation Ordinance, Historic Preservation Program Guidelines, Historic Context
Statement, or the City‐designated Cultural Heritage Committee (CHC) policies and guidelines and
would not allow new development in areas not contemplated by the LUCE or Zoning Regulations
Update. No new impacts to archaeological and paleontological resources or human remains
beyond what was identified in the MND would occur and no new mitigation measures are required.
Geology and Soils. The MND, citing the 2014 LUCE FEIR, determined that compliance with the
California Building Code and the City’s General Plan would reduce geologic and seismic impacts
to less than significant. The MND did not identify any new or more significant impacts on
geological resources beyond what was analyzed in the 2014 LUCE FEIR. The proposed density
revisions would not allow new development in areas not contemplated by the LUCE or Zoning
Regulations Update. No new impacts to geological resources beyond what was identified in the
MND would occur and no new mitigation measures are required.
Greenhouse Gas Emissions. The MND determined that the Zoning Regulations Update will be
one of the principal tools for implementing the LUCE and will advance greenhouse gas
reduction goals as mandated by the State (AB32, SB375) and the City’s CAP. The Zoning
Regulations Update facilitates the development of a sustainable, multi-modal community to
reduce per capita vehicle miles traveled (VMT) and greenhouse gas (GHG) emissions through
increased design standards, new design guidelines, and the imposition of general site
regulations. New strategies in the updated Zoning Regulations include:
• As an incentive for increased height in the C-D zone and a community benefit for a PD
overlay, having a developer provide net-zero energy construction features
• Reducing the allowable pervious surface coverage in front yards of R-1 zones from 50
percent to 40 percent
• As an incentive for increased height in the C-D zone and a community benefit for a PD
overlay, requiring a Transportation Demand Management (TDM) program that achieves
measurable 20 percent mode shift and that is covenanted for long-term implementation
• Allowing shared car services (e.g., ZipCar) spaces to be located in developments without
increased parking requirements
• Parking requirements for alternative clean fuel vehicles
• Requirements for showers, lockers and changing rooms for large developments
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The MND did not identify any new or more significant impacts on GHG emissions beyond what
was analyzed in the 2014 LUCE FEIR. The proposed density revisions would not allow new
development in areas not contemplated by the LUCE or Zoning Regulations Update and would
not change existing GHG policies of the City’s CAP or LUCE. No new GHG impacts beyond what
was identified in the MND would occur and no new mitigation measures are required.
Hazards and Hazardous Materials. The MND determined that allowing residential development
in areas of commercial use or previous commercial use could expose occupants or construction
workers to potentially hazardous materials including asbestos-containing materials and lead-
based paint, but that compliance with LUCE and the Climate Adaptation and Safety Element
(CASE) policies, City Demolition and Moving of Buildings Section 115 Public Safety
Requirements, and state and federal regulations would reduce impacts to less than significant.
The MND did not identify any new or more significant impacts related to hazards and hazardous
materials beyond what was analyzed in the 2014 LUCE FEIR. The proposed density revisions
would not allow new development in areas not contemplated by the LUCE or Zoning Regulations
Update and would not introduce residential uses in proximity to hazards beyond what was
contemplated in the MND. No new impacts related to hazards and hazardous materials beyond
what was identified in the MND would occur and no new mitigation measures are required.
Hydrology and Water Quality. The MND determined that potential development associated with
the Zoning Regulations Update could result in the pollution of natural watercourses and/or
underground aquifers. However, impacts were determined to be less than significant with the
mandatory compliance of General Plan policies and the City’s Stormwater Quality Ordinance. The
MND did not identify any new or more significant impacts related to hydrology and water quality
beyond what was analyzed in the 2014 LUCE FEIR. The proposed density revisions would not
allow new development in areas not contemplated by the LUCE or Zoning Regulations Update
and would not increase the total development potential of a parcel, which currently allows 100%
lot coverage. No new impacts related to pollution of natural watercourses and/or underground
aquifers beyond what was identified in the MND would occur and no new mitigation measures are
required.
The MND determined that the Zoning Regulations Update has the potential to increase the
amount of impervious surface within the City, which could result in a decrease in percolation to
the groundwater basin, the alteration of drainage patterns, and increases in the volume of surface
runoff. Adherence to the City’s General Plan and compliance with the City’s Storm Water
Management Program and Drainage Design Manual was determined to be adequate to reduce
impacts from additional impervious surfaces to less than significant. The proposed density
revisions would not allow new development in areas not contemplated by the LUCE or Zoning
Regulations Update and would not increase the total development potential of a parcel, which
currently allows 100% lot coverage. No new impacts related to additional impervious surfaces
beyond what was identified in the MND would occur and no new mitigation measures are required.
The MND determined that future development resulting from the Zoning Regulations Update
could result in new development within a 100-year floodplain and introduce structures in areas
that could impede or redirect flood flows. Adherence to the City’s Floodplain Management Zone
Regulations, the Waterway Management Program, the Drainage Design Manual, and the Stream
Management and Maintenance Program was determined to be sufficient to ensure that impacts
from flooding remain less than significant. The proposed density revisions would not allow new
development in areas not contemplated by the LUCE or Zoning Regulations Update and would
not increase the total development potential of a parcel, which currently allows 100% lot coverage.
No new impacts related to flooding beyond what was identified in the MND would occur and no
new mitigation measures are required.
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Land Use/Planning. The MND determined that the update to the Zoning Regulations would not
result in the division of the community. The proposed density revisions would not allow new
development in areas not contemplated by the LUCE or Zoning Regulations Update and would
introduce new uses or infrastructure that could divide a community. No new impacts related to
additional impervious surfaces beyond what was identified in the MND would occur and no new
mitigation measures are required.
The MND, citing the 2014 LUCE FEIR, determined that the Zoning Regulations Update would
make the Zoning Regulations consistent with the LUCE by including standards and requirements
that: facilitate protection of the environment, including hillsides, creeks, surface and groundwater,
soils, and air quality; include development and redevelopment standards that support a well-
balanced community; and maintain and where appropriate adapt the City form to preserve open
space, create compact, mixed-use neighborhoods that locate housing, jobs, recreation, and other
daily needs in close proximity to one another, protect the quality of life in established
neighborhoods through compliance with proposed edge conditions regulations, and encouraging
multi-modal transportation. Impacts related to environmental policy consistency were determined
to be less than significant. The proposed density revisions would not allow new development in
areas not contemplated by the LUCE or Zoning Regulations Update. Future land uses that occur
pursuant to the proposed density revisions would be required to conform to all applicable
regulations and standards of the updated Zoning Regulations and the LUCE. No new impacts
related to additional environmental policy consistency beyond what was identified in the MND
would occur and no new mitigation measures are required.
Mineral Resources. The MND determined that there are no mineral resource recovery sites
within the city and that implementation of the Zoning Regulations Update would have no impact
on mineral resources. The proposed density revisions would not be located in areas of the city no
contemplated by the Zoning Regulations Update. No new impacts related to mineral resources
would occur, there would be no impact, and no new mitigation measures are required.
Noise. The MND, citing the 2014 LUCE FEIR, determined that development constructed pursuant
to the Zoning Regulations Update would result in construction activities that could generate noise
levels that exceed the standards of the City’s Noise Control Ordinance. This impact was
determined to be significant and unavoidable and a statement of overring considerations was
adopted by the City Council. The MND did not identify any new or more significant construction
noise impacts beyond what was identified in the 2014 LUCE FEIR and no mitigation measures
were required. The proposed density revisions would not allow construction in areas not
contemplated by the LUCE or Zoning Regulations Update and would not increase the construction
potential of a property which would still be governed by FAR, height, and lot coverage standards.
No new impacts related to noise beyond what was identified in the MND would occur and no new
mitigation measures are required.
The MND determined that consistent with the analysis and conclusions in the 2014 LUCE FEIR,
implementation of the Zoning Regulations Update would result in increased traffic volumes and
associated noise levels along major transportation routes. New development associated with the
Zoning Regulations Update could also result in the siting of new sensitive receptors in close
proximity to transportation noise sources such as major roadways and the railroad, with the
potential to exceed the land use compatibility and transportation noise exposure standards in the
existing Noise Element. Future development is required to comply with the City Noise Element
and Noise Control Ordinance which require site-specific mitigation for development; therefore,
impacts were determined to be less than significant. The proposed density revisions would not
allow construction in areas not contemplated by the LUCE or Zoning Regulations Update and
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would not increase the construction potential of a property which would still be governed by FAR,
height, and lot coverage standards. No new impacts related to transportation noise beyond what
was identified in the MND would occur and no new mitigation measures are required.
The MND, citing the 2014 LUCE FEIR, determined that the Zoning Regulations Update could
facilitate development that would increase stationary source noise levels exceeding the
thresholds of the City’s Noise Element and Noise Control Ordinance. Noise Element policies and
standards would require all future development to comply with the City’s adopted noise standards,
noise mitigation procedures, and sensitive land use siting policies, including site‐specific noise
studies and mitigation measures, if necessary, to ensure that the development meets noise
thresholds. Because the City’s Noise Element contains policies and programs that address and
mitigate potential site‐specific impacts for individual projects, this impact was determined to be
less than significant. The proposed density revisions would not allow construction in areas not
contemplated by the LUCE or Zoning Regulations Update, would not increase the construction
potential of a property that would still be governed by FAR, height, and lot coverage standards,
and would not alter the policies and standards governing noise. No new impacts related to
stationary source noise beyond what was identified in the MND would occur and no new mitigation
measures are required.
Population/Housing. As documented in the 2014 LUCE FEIR, as of January 2013, the City has
a population of 45,541, and is expected to have a population increase of 4,613 people by 2035.
LUCE Policy 1.11.2 Residential Growth Rate, states that the City shall manage the growth of the
city's housing supply so that it does not exceed one percent per year, on average, based on
thresholds established by Land Use Element Table 3 [One Percent City Population Growth
Projection]. Because of the annual growth rate limitation, impacts were determined to be less than
significant. The MND did not identify any new or more significant impacts on the population
beyond what was identified in the 2014 LUCE FEIR and no mitigation measures were required.
Based on the 2021 General Plan Annual Report, the City has maintained a 0.81 percent growth
rate since 2015. Housing in the Downtown Core (C-D Zone) is exempt from the City’s Residential
Growth Ordinance, so the potential increase in residential units would not be in conflict with the
General Plan. The proposed density revisions would positively impact the jobs-to-housing ratio
within the City, which is consistent with LUCE Policy 1.5 which states that the City’s housing stock
should keep pace with the growth in employment so that the jobs-housing balance would not
worsen. The proposed density revisions would not result in new or more significant impacts
beyond what was identified in the MND and no new mitigation measures are required.
The MND determined that the Zoning Regulations Update would not result in a loss of housing or
displace existing residents. Housing Element Program 3.10 states that “continue to encourage
the creation of dwellings in the Downtown Core (C-D Zone) and the Downtown Planning Area by
continuing the "no net housing loss" program, consistent with Chapter 17.86 (Downtown Housing
Conversion Regulations) of the Zoning Regulations”. The Zoning Regulations Update retained
the statement that “development projects within the Downtown Planning Area shall not result in a
net housing loss.” The MND did not identify any new or more significant impacts beyond what
was identified in the 2014 LUCE FEIR and no mitigation measures were required. The proposed
density revisions would not alter the no net loss requirements of the Zoning Regulations or
Housing Element. No new or more significant impacts beyond what was identified in the MND
would occur and no new mitigation measures are required.
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Public Services.
Fire. The MND cited the 2014 LUCE FEIR, which determined that new residential development
facilitated by the LUE would place additional service demands on the San Luis Obispo Fire
Department (SLOFD) and that the increased service demands would have the potential to result
in a significant environmental impact if new or physically altered fire service facilities would be
required to ensure that the City’s four-minute response standard was achieved. Mitigation was
identified in the 2014 LUCE FEIR that the Safety Element be updated to include policy so that
new development can only be approved when adequate fire services and facilities are available
or would be made available by the new development. The MND did not identify any new or more
significant impacts to fire services beyond what was identified in the 2014 LUCE FEIR and no
mitigation measures were required. The Safety Element was recently updated in 2023 as the
Climate Adaptation and Safety Element (CASE) which includes Policy FI-5.3 (City-Wide Fire-
Smart New Development) that ensures that adequate fire services and facilities are available for
all new developments. The proposed density revision would have the potential to increase the
residential population in the Downtown Core. However, CASE Policy FI-5.3, which replaced the
Safety Element policy referenced in the MND, would not be altered, and future development could
only be approved if adequate fire services and facilities exist. No new or more significant fire
service impacts beyond what was identified in the MND would occur and no new mitigation
measures are required.
Police. The MND cited the 2014 LUCE FEIR, which determined that new residential development
facilitated by the LUE would place additional service demands on the San Luis Obispo Police
Department (SLOPD) and that the increased service demands would have the potential to result
in a significant environmental impact if new or physically altered police service facilities would be
required to ensure that the City’s officer to population standard was achieved. However, this
impact was determined to be less than significant because new or altered police facilities to meet
the officer-to-population standard would be required to meet community design guidelines, and
its location would need to meet the response time needs of the community. The MND did not
identify any new or more significant impacts on police services beyond what was identified in the
2014 LUCE FEIR and no mitigation measures were required. The proposed density revision
would have the potential to increase the residential population in the Downtown Core. With
additional officers, there could be additional need for evidence and equipment storage, locker
space, area to park police vehicles, and support staff (and their associated space needs)
necessary to support additional officers. However, consistent with the MND, the proposed density
revisions are unlikely to result in adverse physical impacts associated with the provision of new
or altered facilities needed to maintain the existing ratio of officers to the population served
because any new or reconstructed facility would be required to meet community design
guidelines, and its location would need to meet the response time needs of the community. No
new or more significant impacts beyond what was identified in the MND would occur and no new
mitigation measures are required.
Schools. The MND determined that residential development associated with the Zoning
Regulations Update would increase the population of the City which would likely increase the
number of children attending the City’s public schools. With the payment of Government Code
Section 65970 school impact fees, impacts were determined to be less than significant. The MND
did not identify any new or more significant impacts to school facilities beyond what was identified
in the 2014 LUCE FEIR and no mitigation measures were required. The proposed density revision
would have the potential to increase the residential population in the Downtown Core, but all new
development would be required to pay any applicable school impact fees. No new or more
significant schools impacts beyond what was identified in the MND would occur and no new
mitigation measures are required.
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Parks. Citing the 2014 LUCE FEIR, upon buildout of development allowed by the LUCE and
Zoning Regulations, the City’s parkland per capita would increase from 3.32 acres per 1,000
residents to 3.44 acres per 1,000 residents with the addition of approximately 52 acres of
parkland. The MND determined that impacts to parks would be less than significant as projects
are evaluated on a case-by-case basis to determine the level of project-specific open space or
park area required. The MND did not identify any new or more significant impacts to park facilities
beyond what was identified in the 2014 LUCE FEIR and no mitigation measures were required.
The proposed density revision would have the potential to increase the residential population in
the Downtown Core by 500 units, which would require approximately 5-10 additional acres of
parkland to meet the City’s goal of 10 acres per 1,000 residents. However, consistent with the
MND, all projects implemented as a result of the proposed density revisions would be evaluated
on a case-by-case basis to determine the level of project-specific open space or park area
required. No new or more significant park impacts beyond what was identified in the MND would
occur and no new mitigation measures are required.
Recreation. The MND determined that existing General Plan policies applicable to the
development of future recreational facilities would reduce potential environmental impacts to less
than significant. Most of the future parkland to be provided in the city would be constructed as
part of the buildout of previously approved (Margarita, Orcutt, San Luis Ranch, Avila Ranch,
Froom Ranch) Specific Plans. There are several park and recreation facilities within the
Downtown Planning Area (Figure 1), including Cheng Park, Mitchell Park, Triangle Park, Mission
Plaza, Mission Plaza Extension, San Luis Creek Open Space, Jack House Gardens, Emerson
Park, and Ludwick Community Center. Planned parks in the Downtown Planning Area include
Monterey Street Plaza, Toro/Marsh Pocket Park, Courthouse Park, Higuera Street Plaza, Rosa
Butron Adobe, and Diagonal Paseo. The proposed density revisions would be required to comply
with existing General Plan policies for construction of new recreational facilities; however, due to
the built-out condition of the Downtown Core, it is unlikely that new or additional recreation
facilities would be constructed as a result of development facilitated by the proposed density
revisions. No new or more significant recreation impacts beyond what was identified in the MND
would occur and no new mitigation measures are required.
Transportation/Traffic. The MND, citing the 2014 LUCE FEIR, determined that development
facilitated by the Zoning Regulations Update would result in significant and unavoidable impacts
on congestion on the City’s roadways (level of service), specifically to the following eight roadway
segments would experience significant impacts due to increases in volumes: Broad (entire
corridor south of South Street, South – Orcutt, Orcutt – Tank Farm Road and Buckley – South
City Limit); Chorro (Foothill – Lincoln; Los Osos Valley Road (just west of the City Limits); and
Prado (US 101 – Higuera and Higuera – Broad). The MND did not identify any new or more
significant impacts to roadway congestion and no mitigation measures were required.
After the adoption of the MND, the CEQA checklist was revised to replace level of service
(congestion) with vehicle miles traveled (VMT) as the preferred metric for evaluating a project’s
transportation impacts, in compliance with SB 743. In June 2020, the City formally adopted the
transition from LOS to VMT for the purposes of CEQA evaluation and also established local VMT
thresholds of significance. While VMT was not specifically analyzed in the 2014 LUCE FEIR, its
current inclusion in the CEQA checklist does not warrant an analysis of the entire project unless
the project changes would result in new or more severe significant environmental impacts or
unless there is new information of substantial importance that was not known at the time of the
2014 LUCE FEIR.
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The proposed density revisions are not anticipated to result in VMT impacts as the potential
dwelling units associated with the density revisions would be located downtown, in close proximity
to the City’s transit station, the train station/Amtrack, shopping, dining, recreation, and offices. Per
the City’s Transportation Impact Study Guidelines VMT Screening Map, while lacking specific
data for the Downtown Core, is adjacent to and surrounded by areas with residential VMT per
capita that is less than 85% of the regional average. Therefore, the proposed density revisions
would not create new or more significant impacts beyond what was identified in the MND and no
new mitigation measures are required.
Tribal Cultural Resources. The MND determined that development facilitated under the Zoning
Regulations Update would result in impacts to tribal cultural resources. This impact was
determined to be less than significant with the adherence to the City’s Archaeological Resource
Preservation Program Guidelines and compliance with federal and state regulations. The MND
did not identify any new or more significant impacts to tribal cultural resources beyond what was
analyzed in the 2014 LUCE FEIR. The proposed density revisions would not make any changes
to the LUCE and COSE or the Archaeological Resource Preservation Program Guidelines and
would not allow new development in areas not contemplated by the LUCE or Zoning Regulations
Update. No new impacts to tribal cultural resources beyond what was identified in the MND would
occur and no new mitigation measures are required.
Utilities/Service Systems.
Wastewater. The 2014 LUCE FEIR determined that buildout of development allowed under the
LUCE would exceed the capacity of the City’s Water Resource Recovery Facility by 0.26 million
gallons per day. However, this impact was determined to be less than significant because at the
time the City was proposing to upgrade the Water Resource Recovery Facility to increase in
average dry weather flow (ADWF) capacity to serve the buildout of the LUCE, and because
policies in the LUCE and the Water and Wastewater Element require projects to demonstrate that
adequate treatment capacity at the Water Resource Recovery Facility exists. The MND
determined that the Zoning Regulations Update would result in similar impacts as those disclosed
in the 2014 LUCE FEIR and no new or more significant impacts to wastewater were identified.
The City’s Water Resource Recovery Facility has since been completed and is operational with a
capacity of 5.2 million-gallons-per-day. The proposed density revisions would allow an additional
500 units in the Downtown Core and would generate between 45 and 105 gallons of wastewater
per day per unit, based on the City’s wastewater generation rates (0.5-1.2 acre-feet-per-year
total). The Downtown Core is not within a sewer capacity-constrained area and future
development would be required to demonstrate that adequate treatment capacity at the Water
Resource Recovery Facility exists prior to construction. No new impacts to wastewater beyond
what was identified in the MND would occur and no new mitigation measures are required.
Water. The MND, citing the 2014 LUCE FEIR, determined that buildout of development facilitated
by the Zoning Regulations Update would require a water supply of 7,815 acre-feet-per-year. The
City’s current water supply totals approximately 10,630 acre-feet-per-year, which exceeds the
demand that would be generated by the LUCE buildout/Zoning Regulations buildout. Impacts
were determined to be less than significant and no new or more significant impacts to waster were
identified. Based on the assumptions in the LUCE2, and assuming any residential units
constructed under the proposed density revisions would be single or double occupancy, the
proposed density revisions would result in approximately 127 to 254 additional acre-feet-per-year
of water demand. This would bring the LUCE projected water demand to 7,942 to 8,069 acre-
2 Assumes water reduction requirements of SBX7‐7 would reduce per capita water use to 117 gallons per day by
2020.
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feet-per-year, which is within the City’s water supply of approximately 10,630 acre-feet-per-year.
No new impacts to water beyond what was identified in the MND would occur and no new
mitigation measures are required.
Stormwater. The MND determined that future development could cause an increase in the
number of impervious surfaces within the City which could increase the volume of surface runoff
into City stormwater systems. Impacts were determined to be less than significant because future
development would be required to comply with Central Coast Regional Water Quality Control
Board Post Construction Requirements and the City’s Storm Water Management Program. The
MND did not identify any new or more significant impacts related to stormwater beyond what was
identified in the 2014 LUCE FEIR and no mitigation measures were required. The proposed
density revisions would not allow new development in areas not contemplated by the LUCE or
Zoning Regulations Update and would not increase the total development potential of a parcel,
which currently allows 100% lot coverage (and 100% impervious surface). No new impacts related
to stormwater beyond what was identified in the MND would occur and no new mitigation
measures are required.
Solid Waste. The MND determined that the Zoning Regulations Update would not interfere with
the City’s ability to comply with solid waste management and diversion regulations. Additionally,
LUCE Policy 1.13.10 requires the City to determine if adequate solid waste disposal capacity
exists prior to approving future development. The MND did not identify any new or more significant
impacts related to solid waste disposal beyond what was identified in the 2014 LUCE FEIR and
no mitigation measures were required. The proposed density revisions would not increase the
total development potential of a parcel and new development would only be allowed if adequate
solid waste disposal capacity exists, per LUCE policy. No new impacts related to solid waste
beyond what was identified in the MND would occur and no new mitigation measures are required.
BASIS FOR ADDENDUM
In accordance with Section 15164 of the State CEQA Guidelines, the City of San Luis Obispo has
determined that this Addendum to the adopted MND is necessary to document changes or
additions that have occurred in the project description since the MND was originally adopted. The
changes proposed are relatively minor in nature and, as documented above, would not result in
any new significant environmental effects or a substantial increase in the severity of previously
identified significant effects. Additionally, no new information of substantial importance that was
not known and could not have been known with the exercise of reasonable diligence at the time
the previous MND was adopted has been identified. The City has reviewed and considered the
information contained in this Addendum and finds that the preparation of subsequent CEQA
analysis that would require public circulation is not necessary.
This Addendum does not require circulation because it does not provide significant new
information that changes the adopted MND in a way that deprives the public of a meaningful
opportunity to comment upon a substantial adverse environmental effect of the project or a
feasible way to mitigate or avoid such an effect. The City shall consider this Addendum with the
adopted MND as part of the approval of the proposed ordinance.
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