HomeMy WebLinkAboutItem 5b. 1463 Bishop St. (GENP-0175-2024) General Plan Conformity Report
PLANNING COMMISSION AGENDA REPORT
SUBJECT: 1463 BISHOP STREET (GENP-0175-2024) GENERAL PLAN
CONFORMITY REPORT FOR THE PURPOSES OF DEVELOPING INTERIM AND
SUPPORTIVE HOUSING
BY: Owen Goode, Assistant Planner FROM: Tyler Corey, Deputy Director
Phone Number: (805)-781-7576 Phone Number: (805) 781 - 7169
Email: ogoode@slocity.org Email: tcorey@slocity.org
RECOMMENDATION
Adopt the Draft Resolution (Attachment A), which determines that the proposed San Luis
Obispo County’s action on the subject property to authorize and/or construct public
buildings or structures for the purposes of developing interim and supportive housing
conforms to the City’s General Plan.
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 governmental entity proposes to
acquire property, dispose of property, or construct or authorize a public building or
structure within the limits of a city that has an adopted general plan. Specifically,
Government Code Section 65402(b) requires the location, purpose, and extent of such
county building or structure be submitted to and reported upon by the planning agency
having jurisdiction as to conformity with the City’s General Plan. Relevant here,
Government Code Section 65402(b) applies this requireme nt for conformance review to
when a county is acquiring property, disposing of property, or constructing or authorizing
a public building or structure “within the corporate limits of a city, if such city . . . has
adopted a general plan.”
The Commission’s purview on this item is solely whether the proposed County’s use of
the property conforms with the General Plan of the City. The project itself is not under
consideration by the Planning Commission.
Meeting Date: 5/8/2024
Item Number: 5b
Time Estimate: N/A
Page 7 of 12
Item 5b
GENP-0175-2024 (1463 Bishop Street)
Planning Commission Report – May 8, 2024
2.0 SUMMARY
Applicant/ Property
Owner
Zoning
General Plan
Site Area
Environmental Status
County of San Luis Obispo
Parcel A: PF (Public Facilities)
Parcel B: R1 (Low Density
Residential)
Parcel A and B: Public -
Government Facilities
1.46 acres (Parcel A 0.84 acres;
Parcel B 0.64 acres)
The recommended action is
exempt from CEQA under
Section 15061(b)(3).
3.0 PROJECT ANALYSIS
3.1 Consistency with the General Plan
The proposed use of the property being considered for development by the County of San
Luis Obispo includes the placement of 34 interim supportive and 46 permanent supportive
housing units to provide shelter and services for unhoused individuals. The County of
San Luis Obispo owns the property and will lease it for development by Dignity Moves
and operation of the housing facilities by Good Samaritan Shelter in conjunction with an
Encampment Resolution Funding grant through the California Business, Consumer
Services and Housing Agency. The property is zoned both Public Facilities (PF) and Low
Density Residential (R1) under City Zoning Regulations. Table 2-1: Uses Allowed by
Zone include Supportive and/or Transitional Housing with On- or Off-Site Services as
allowable uses in both the R1 and PF zone. For the PF zone, a minor-use permit would
be required under City zoning regulations. The County of San Luis Obispo , however, will
permit development of the site in accordance with San Luis Obispo County planning and
building regulations as cities and counties are mutually exempt from each other’s zoning
regulations relative to property that one such entity may own within the territory of the
other (Cal. Govt. Code 53090 et seq.). The County has incorporated all necessary City
requirements and regulations required to obtain an encroachment permit and for the
provision of fire and life safety.
The General Plan Land Use for the property being considered for lease and development
by the County of San Luis Obispo has a General Plan Land Use des ignation of
“Public”. The General Plan Land Use Element Table 1 identifies Homeless Shelters and
similar services and social services as appropriate uses within the Public Land Use
Designation. Housing Element Policy 8.10 encourages the City to assist the homeless
and those at risk of becoming homeless by supporting shelters, temporary housing, and
Page 8 of 12
Item 5b
GENP-0175-2024 (1463 Bishop Street)
Planning Commission Report – May 8, 2024
transitional housing. The use of the subject property for the purposes of developing
interim and supportive housing is consistent with General Plan policies because it
provides an opportunity to develop interim and supportive housing for individuals and
families experiencing homelessness or at risk of becoming homeless. The 6 th Cycle
Housing Element of the General Plan further support homeless services and transi tional
housing opportunities as follows:
Goal 1 Safety – Program 1.7 Continue to support local and regional solutions to
homelessness by funding supportive programs services and housing solutions.
Goal 8 Special Housing Needs Policies 8.1 - Encourage housing development that
meets a variety of special needs, including large families, single parents, disabled
persons, the elderly, students, veterans, farmworkers, the homeless, or those seeking
congregate care, group housing, single-room occupancy, or cohousing
accommodations, utilizing universal design; 8.8 - Continue to support regional efforts
to address homelessness; and 8.10 - Assist the homeless and those at risk of
becoming homeless by supporting shelters, temporary housing, and transitional
housing.
Goal 8 Special Housing Needs Programs 8.11 - Continue to provide resources that
support local and regional solutions to meet the needs of the homeless and continue
to support, jointly with other agencies, shelters and programs, such as Housing First
and Rapid Rehousing, for the homeless and for displaced individuals and families;
8.19 - Continue to look for partnership opportunities with non -profit housing
developers and service providers to acquire four vacant, blighted, or underutilized
properties (land, retail or commercial space, motels, apartments, housing units, mobile
home parks) during the planning period for conversion; and 8.21 - Continue to
coordinate monthly with the County Department of Social Services, Homeless
Services Oversight Council (HSOC), social service providers, and non-profit
organizations to identify, evaluate, and implement strategies to reduce the impacts of
homelessness on the City.
3.2 Major City Goal and Homelessness Response Strategic Plan
The City has established preventing and addressing homelessness as a key priority in
alignment with its Major City Goal for Housing and Homelessness and the SLO
Countywide Plan to Address Homelessness.
On March 21, 2023, the City Council adopted the Homelessness Response Strategic
Plan, which outlines the City’s role in implementing strategies to prevent homelessness
and connect individuals experiencing homelessness to services and housing. The
County’s use of the subject property that is surrounded by urban uses and near or
adjacent to a wide variety of services, for the purposes of developing supportive housing
is consistent with key tasks under the Strategic Plan:
“Coordinate with County on encampment and street outreach to capitalize
on windows of opportunity to connect unhoused individuals to services and
shelter and avoid shuffling individuals between encampment locations and
jurisdictions.”
Page 9 of 12
Item 5b
GENP-0175-2024 (1463 Bishop Street)
Planning Commission Report – May 8, 2024
4.0 ENVIRONMENTAL REVIEW
The requested action before the Planning Commission is exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), which provides that
the general rule that CEQA applies only to projects which have the potential for causing
a significant effect on the environment. Where it can be seen with certainty that there is
no possibility that the activity in question may have a significant effect on the environment,
the activity is not subject to CEQA. The determination of general plan conformity for the
development of a property within the City by the County of San Luis Obispo is not subject
to CEQA because the recommended action before the City’s Planning Commission is
only a policy review of whether development of the land is consistent with the City’s
General Plan and therefore it can be seen with certainty there is no possibility such
conformance review will have a significant effect on the environment. Any future
development related to the property will be subject to environmental review by San Luis
Obispo County as the lead agency with jurisdiction over the project in compliance with
CEQA. It is anticipated that the County of San Luis Obispo will find that the construction
or authorization of buildings or structures on County-owned land within City limits for the
purposes of developing interim and supportive housing is exempt from CEQA in
recognition of the project’s qualification as a Low Barrier Navigation Center pursuant to
Government Code Section 65660 et seq. and is a “use by right”; categorically exempt per
Section 15332 for infill development as the project is consistent with the City’s General
Plan designation and all applicable general plan policies and zoning designation and
regulations; statutorily exempt from CEQA per Government Code 8698.4(a)(4) in
acknowledgement of the County’s re-affirmed declaration of a shelter crisis pursuant to
the Shelter Crisis law; exempt per CEQA Guidelines 15195 for affordable housing; and
exempt per CEQA Guidelines 15161(b)(3) because it can be seen with certainty that there
is no possibility that the activity in question may have a significant effect on the
environment.
5.0 OTHER DEPARTMENT COMMENTS
The project has been reviewed by various City departments including Community
Development, Public Works, Police, and Fire. Comments have been communicated to
County staff for incorporation into project design where appropriate.
6.0 ALTERNATIVES
1. Continue consideration of this item. An action to continue the item should include a
detailed list of additional information or analysis required to make a conformity
determination.
2. Do not find the proposed use of the land consistent with the General Plan. This is not
recommended as the proposed use of this site for the County’s Welcome Home Village
project is consistent with the General Plan.
7.0 ATTACHMENTS
A - Draft PC Resolution
Page 10 of 12
RESOLUTION NO. PC-XXXX-24
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO PLANNING
COMMISSION DETERMINING GENERAL PLAN CONFORMANCE FOR
THE GENERAL PLAN CONFORMITY REPORT FOR THE PURPOSES
OF DEVELOPING INTERIM AND SUPPORTIVE HOUSING; AS
REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED
MAY 8, 2024 (1463 BISHOP STREET, GENP-0175-2024)
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 May 8, 2024, pursuant to a proceeding instituted under GENP-0175-2024,
County of San Luis Obispo, applicant; and
WHEREAS, the Planning Commission of the City of San Luis Obispo has duly
considered all evidence, including the testimony of the applicant, interested parties, and
evaluation and 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.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of San Luis Obispo as follows:
SECTION 1. Findings. The Planning Commission hereby finds:
1. The use of the subject property will not harm the general health, safety, and
welfare of people living or working in the vicinity because the proposed use of
the land is consistent with the General Plan.
2. The proposed use intends to implement the objectives under the City’s General
Plan Housing Element and Homelessness Response Strategic Plan to
coordinate with the County to provide opportunities for the development of
interim and supportive housing.
SECTION 2. Environmental Review. The requested action before the Planning
Commission is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15061(b)(3), which provides that the general rule that CEQA applies only to
projects which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question
may have a significant effect on the environment, the activity is not subject to CEQA. The
determination of general plan conformity for the development of a pro perty within the City
by the County of San Luis Obispo is not subject to CEQA because the recommended
action before the City’s Planning Commission is only a policy review of whether
development of the land is consistent with the City’s General Plan and the refore it can be
seen with certainty there is no possibility such conformance review will have a significant
effect on the environment. Any future development related to the property will be subject
to environmental review by San Luis Obispo County as the lead agency with jurisdiction
Page 11 of 12
Resolution No. PC-XXXX-23
General Plan Conformity Report (GENP-0493-2023)
Page 2
over the project in compliance with CEQA. It is anticipated that the County of San Luis
Obispo will find that the construction or authorization of buildings or structures on County-
owned land within City limits for the purpose s of developing interim and supportive
housing is exempt from CEQA in recognition of the project’s qualification as a Low Barrier
Navigation Center pursuant to Government Code Section 65660 et seq. and is a “use by
right”; categorically exempt per Section 15332 for infill development as the project is
consistent with the City’s General Plan designation and all applicable general plan
policies and zoning designation and regulations; statutorily exempt from CEQA per
Government Code 8698.4(a)(4) in acknowledgement of the County’s re-affirmed
declaration of a shelter crisis pursuant to the Shelter Crisis law; exempt per CEQA
Guidelines 15195 for affordable housing; and exempt per CEQA Guidelines 15161(b)(3)
because it can be seen with certainty that there is no possibility that the activity in question
may have a significant effect on the environment.
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 _______ day of _________, 2024.
__________________________
Tyler Corey, Secretary
Planning Commission
Page 12 of 12
Item 5b.
1463 Bishop Street (GENP-0175-2024)
General Plan Conformity report for the
purposes of developing
interim and supportive housing
Planning Commission May 8, 2024
Staff Recommendation
2
Adopt the Draft Resolution (Attachment A), which determines that the proposed
San Luis Obispo County’s action on the subject property to authorize and/or
construct public buildings or structures for the purposes of developing interim
and supportive housing conforms to the City’s General Plan.
Purpose
•Review proposed use and determine whether
it conforms to the City’s General Plan.
•The Commission’s purview is limited to
determining whether the County’s proposed
use of the property conforms with the General
Plan of the City.
•Project approval/denial and details are not
within the authority of the Commission.
Encampment Resolution Funding
•The Welcome Home Village (WHV)will
enable the City and County of SLO to work
collaboratively to address encampments
along the Bob Jones Trail in San Luis
Obispo.
•County awarded $13.4 million State
Encampment Resolution Fund grant to
resolve encampment area and to build
WHV housing community.
•Proposed site location: County Health
Campus, Bishop St. and Johnson Ave.
•The project is proposed to
include 34 interim
supportive housing units and
46 permanent supportive
housing units
•Self-contained housing
community managed by
Good Samaritan Shelter
•ERF Grant Requirements –
June 2024 Funding Timeline
Welcome Home Village Project
General Plan Conformity
•General Plan Land Use for the WHV site is “Public” and identifies
Homeless Shelters, similar services and social services as
appropriate in “Public” Land Use Designation.
•The City’s 6th Cycle Housing Element supports homeless services and
transitional housing opportunities:
Goal 1 Safety – Continue to support local and regional solutions to
homelessness by funding supportive programs, services and housing
solutions (Program 1.7).
Goal 8 Special Housing Needs – Encourage housing development
that meets a variety of special needs, including assisting the homeless
by supporting shelters and transitional housing, and supporting, jointly
with other agencies, programs such as Housing First and Rapid
Rehousing for the homeless.
General Plan Conformity
Under the Planning and Zoning Law (Govt C
§§65000–66499.58):
•Strict conformity with all aspects of a
general plan is not required.
•A proposed project should be considered
to be consistent with the local general
plan if it furthers one or more policies and
does not obstruct other policies.
Land Use Element and Consideration of
Neighborhood Compatibility
•Surrounding land uses include residential, medical offices and
County facilities.
•The Planning Commission made similar findings for General Plan
Conformity on the nearby Bishop Street Studios project.
•County has self-permitting authority for the project and is exempt
under state law from compliance with City Zoning or Building
regulations, the project would otherwise be a combined allowed
use and minor use permit project per City Zoning Code.
•Rezoning is not required, or requested, and no project zoning
action is before the Planning Commission. (Govt. Code S. 53091.).
Conclusion
•The City has reviewed and considered community comments
received and found no facts supporting a change in the staff
recommendation that the project is in conformance with the
General Plan.
•It is recommended that the Planning Commission adopt the
Draft Resolution which determines that the proposed San Luis
Obispo County’s action on the subject property to authorize
and/or construct public buildings or structures for the purposes
of developing interim and supportive housing conforms to the
City’s General Plan.
Extra Slides
Site Relocation
•The WHV location was originally proposed on the dirt parking area behind
the County Department of Social Services building at South Higuera and
Prado Road. That site is included in the City’s 1997 Higuera Commerce
Park Specific Plan area that precludes residential uses. The time and
resources needed to address this potential issue would not fit within the
Encampment Resolution Fund’s deadlines and the County sought a new
location.
If the Commission determines that the project is inconsistent with the City's General Plan,
staff would ask for specific findings from the PC and ask for a brief recess to prepare a
resolution memorializing the Planning Commission’s findings. That resolution would
provide the report on the project’s conformance with the general plan as required under
Government Code Section 65402 and no further action would be required by the City.
Cities determine consistency of a project with the General Plan based upon if it
furthers overall policies of the General Plan and does not obstruct their
obtainment, recognizing that a proposed project may be consistent with the
overall objectives of the General Plan, but not with each and every policy thereof.
In all instances, the City may use its discretion to balance and harmonize policies
with other countervailing policies in a manner that best achieves the City’s overall
goals.]
Land Use Element 5 – Public & Cultural
Facilities
•5.1. Public Facilities
•5.1.1. Grouping for
Convenience
•5.1.2. Joint Projects
•5.1.4. Health Care
6th Cycle Housing Element
•Goal 1 – Safety – Program 1.7: Continue to support local and regional
solutions to homelessness by funding supportive programs services and
housing solutions.
•Goal 8 – Special Housing Needs – Policy 8.10: Assist the homeless and
those at risk of becoming homeless by supporting shelters, temporary
housing, and transitional housing.
•Goal 8 – Special Housing Needs – Program 8.11: Continue to provide
resources that support local and regional solutions to meet the needs of
the homeless and continue to support, jointly with other agencies, shelters
and programs, such as Housing First and Rapid Rehousing, for the
homeless and for displaced individuals and families.
Zoning
•Zoning:
•Parcel A: Public Facilities (PF)
•Parcel B: Low Density Residential (R-1)
•Total Site Area: 1.46 Acres
•By State statute, the City has no permitting authority for the WHV
because the property is owned by the County of SLO. Therefore,
the project does not have to comply with City zoning or building
requirements.
•Notwithstanding this, the project would be allowed by City
zoning standards.
Table 2-1: Uses Allowed by Zone