HomeMy WebLinkAboutItem 3b. 1166 Higuera St. (GENP-0555-2023) General Plan Conformance
PLANNING COMMISSION AGENDA REPORT
SUBJECT: REVIEW OF GENERAL PLAN CONFORMITY REPORT FOR ACQUISITION
OF PROPERTY LOCATED AT 1166 HIGUERA STREET FOR A CITY PARKING
FACILITY. PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW.
BY: Hannah Hanh, Associate Planner FROM: Tyler Corey, Deputy Director
Phone Number: (805) 781-7432 Phone Number: (805) 781-7169
Email: hhanh@slocity.org Email: tcorey@slocity.org
APPLICANT: City of San Luis Obispo
REPRESENTATIVES: Whitney McDonald, Assistant City Manager
Rebecca Bernstorff, Business Services and Administrative Manager
RECOMMENDATION
Adopt a Draft Resolution determining General Plan conformance for the acquisition of
property located at 1166 Higuera Street (GENP-0555-2023).
1.0 COMMISSION'S PURVIEW
California Government Code Section 65402 requires the local planning agency to make
a finding of General Plan conformance whenever a government al entity proposes to
acquire or dispose of a property. Specifically, Government Code Section 65402(c)
requires the location, purpose, and extent of real property acquisition and disposition be
submitted to and reported upon by the planning agency having jurisdiction as to
conformity with the City’s General Plan.
2.0 SUMMARY
The property being considered
for acquisition by the City is
approximately 0.49 acre in
size and located at 1166
Higuera Street (APN 002-436-
022) in the Retail Commercial
zone (Figure 1 – Project Site).
The property is currently being
considered for a City parking
facility.
Meeting Date: 12/13/2023
Item Number: 3b
Time Estimate: N/A – Consent
Figure 1 – Project Site
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Item 3b
GENP-0555-2023 (1166 Higuera)
Planning Commission Report – December 13, 2023
3.0 PREVIOUS REVIEW
Pursuant to authorization provided by the City Council on July 18, 2023 and October 17,
2023, staff pursued and completed negotiations with the seller. On November 14, 2023,
the City Council reviewed and approved the purchase and authorized execution of the
Purchase and Sale Agreement for the property at 1166 Higuera Street (Resolution).
4.0 PROJECT ANALYSIS
Staff has evaluated the proposed acquisition of 1166 Higuera Street for a City parking
facility and found it in conformance with the General Plan and Zoning Regulations as
described in the following discussion.
4.1 Consistency with the General Plan
The project site is located in the General Retail (GR) land use designation , which the
Land Use Element (LUE) describes as intended for the provision of goods and services
adequate to meet most of the needs of the City and nearby County residents as well as
tourists and travelers (Table 1 – General Plan Land Use Designations). Allowable land
uses within this land use designation include a wide range of retail sales, restaurants,
professional and personal services, and public and quasi -public uses. The acquisition of
the property for a City parking facility (i.e., surface parking lot) would provide public
parking to support existing and proposed uses within the vicinity.
The project site is also located in the Upper Monterey Special Focus Area, which has an
emphasis on revitalization and enhancement (LUE Policy 8.2.2). Detailed actions for
Policy 8.2.2 state the City would investigate opportunities to improve its connectivity and
promote development in the Upper Monterey Area , including development of an Upper
Monterey Area Master Plan. In addition, the project site is located in Block 23 of the
Downtown Concept Plan (LUE Program 4.25), where parking is envisioned along Higuera
Street to support redevelopment of structures, at least two stories in height, in the vicinity.
The strategic purchase and use of the property would advance the preceding policy and
program by facilitating improved access and parking for subsequent development within
the Upper Monterey Area.
4.2 Consistency with the Zoning Regulations
The project site is located in the Commercial Retail (C-R) zone, which Chapter 17.30
describes as intended to accommodate a wide range of retail sales; business, personal,
and professional services; recreation; entertainment; transient lodging; and limited
residential uses to meet the needs of the community and traveling public. The City is
proposing to acquire the property for a public parking facility to facilitate access to uses
within the vicinity. Per Table 2-1 (Uses Allowed by Zone), establishment of a parking
facility requires approval of a Conditional Use Permit (CUP). An application for a CUP to
establish the parking facility has been submitted by the City and is being reviewed by the
Planning Commission on December 13, 2023. As part of the project, there would be
minimal improvements to the existing parking lot (e.g., installation of signage, striping,
wheel spots, and pay stations; landscape improvements and repair; and demolition of an
uninhabitable structure).
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Item 3b
GENP-0555-2023 (1166 Higuera)
Planning Commission Report – December 13, 2023
5.0 ENVIRONMENTAL REVIEW
CEQA Guidelines Section 15061(b)(3) states a project is exempt from environmental
review if the activity is covered by the common sense exemption that CEQA applies only
to projects which have the potential for causing a significant effect on the environment
and where it can be seen with certainty there is no possibility that the activity in question
would have a significant effect on the environment. The determination of General Plan
conformity for the acquisition of land for public parking facility use by the City of San Luis
Obispo is not subject to CEQA because it is a policy review of whether acquiring the land
conforms with the General Plan. In addition, the application for a CUP to establish a City
parking facility at the site, including minimal site improvements to prepare the property for
paid public parking use, is also exempt from environmental review under Section 15301
(Existing Facilities) of the CEQA Guidelines because the project is limited to the
improvement, maintenance, and operation of a surface parking lot that involves negligible
expansion of the former use.
6.0 OTHER DEPARTMENT COMMENTS
There is concurrence from the Administration Department on the recommendation to
determine General Plan conformance for the acquisition of property located at 1166
Higuera Street for a City parking facility.
7.0 ALTERNATIVES
1. Continue consideration of the proposal with direction to staff on items needed or
necessary information to make a decision on the General Plan conformity.
2. Deny that the proposed acquisition of 1166 Higuera is in conformance with the
General Plan based on findings of inconsistency with the General Plan.
8.0 ATTACHMENTS
A - Draft Planning Commission Resolution determining General Plan conformance for the
acquisition of property at 1166 Higuera Street for City public parking facility use
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RESOLUTION NO. PC-XXXX-23
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO PLANNING
COMMISSION DETERMINING GENERAL PLAN CONFORMANCE FOR
ACQUISITION OF PROPERTY LOCATED AT 1166 HIGUERA FOR A
CITY PARKING FACILITY. THE PROJECT IS EXEMPT FROM
ENVIRONMENTAL REVIEW UNDER THE GENERAL RULE OF
SECTION 15061(B)(3) OF THE CEQA GUIDELINES AS REPRESENTED
IN THE STAFF REPORT AND ATTACHMENTS DATED DECEMBER 13,
2023 (1166 HIGUERA STREET, GENP-0555-2023)
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, on December 13,
2023, pursuant to a proceeding instituted under GENP-0555-2023 as required by
California Government Code Section 65402; City of San Luis Obispo, applicant; and
WHEREAS, the Planning Commission of the City of San Luis Obispo has duly
considered all evidence, including recommendations by staff, presented at said hearing;
and
WHEREAS, notices of said public hearings were made at the time and in the
manner required by law; and
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of San Luis Obispo as follows:
SECTION 1. Finding. The Planning Commission makes the following finding:
1. The acquisition of property for a City parking facility will not harm the general
health, safety, and welfare of people living or working in the vicinity because
the project is consistent with the General Plan and Zoning Regulations.
SECTION 2. Environmental Review. CEQA Guidelines Section 15061(b)(3) states
a project is exempt from environmental review if the activity is covered by the common
sense exemption that CEQA applies only to projects which have the potential for causing
a significant effect on the environment and where it can be seen with certainty there is no
possibility that the activity in question would have a significant effect on the environment.
The determination of General Plan conformity for the acquisition of land for public parking
facility use by the City of San Luis Obispo is not subject to CEQA because it is a policy
review of whether acquiring the land conforms with the General Plan. In addition, the
application for a Conditional Use Permit to establish a City parking facility at the site,
including minimal site improvements to prepare the property for paid public parking use,
is also exempt from environmental review under Section 15301 (Existing Facilities) of the
CEQA Guidelines because the project is limited to the improvement, maintenance, and
operation of a surface parking lot that involves negligible expansion of the former use.
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Resolution No. PC-XXXX-23
1166 Higuera Street, GENP-0555-2023
Page 2
SECTION 3. Action. The Planning Commission does find and report that GENP-
0555-2023 conforms to the General Plan of the City of San Luis Obispo pursuant to
Government Code Section 65402.
On motion by Commissioner ___________, seconded by Commissioner
_____________, and on the following roll call vote:
AYES:
NOES:
REFRAIN:
ABSENT:
The foregoing resolution was passed and adopted this 13th day of December 2023.
_____________________________
Tyler Corey, Secretary
Planning Commission
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