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HomeMy WebLinkAboutPC-1110-2025 (CODE-0666-2025 -- Citywide) RESOLUTION NO. PC-1110-2025 A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL INTRODUCE AND ADOPT AN ORDINANCE AMENDING TITLE 17 OF THE CITY’S MUNICIPAL CODE (ZONING REGULATIONS) SECTION 17.02.020, “PURPOSE AND AUTHORITY OF THE ZONING REGULATIONS” TO INCLUDE AN “APPLICABILITY” SUBSECTION. THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW (CEQA) AS REPRESENTED IN THE PLANNING COMMISSION AGENDA REPORT AND ATTACHMENTS DATED SEPTEMBER 24, 2025 (CITYWIDE; CODE-0666-2025) 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 September 24, 2025, for the purpose of recommending an amendment to Section 17.02.020 in Title 17 (Zoning Regulations) of the Municipal Code, pursuant to a proceeding under CODE-0666-2025; City of San Luis Obispo, applicant; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the Planning Commission 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 RESOLVED by the Planning Commission of the City of San Luis Obispo as follows: Section 1. Findings. Based upon all the evidence, the Commission makes the following findings: 1. The proposed amendment is consistent with Land Use Element Policy 12.1: Zoning Regulations because the amendment would provide procedural and applicability clarity as to how the Zoning Regulations apply and expressly authorize the City to incorporate necessary public safety features associated with public projects to protect the public health, safety and welfare. 2. The proposed amendment is consistent with Land Use Element Programs 4.9, 4.23, and 4.36 because the amendment would exempt public safety features of a public project that supports the public health, safety, and welfare. 3. The proposed amendment is consistent with and further enhances Zoning Regulations Section 17.02.030 that states, “Land or buildings may be used and structures may be erected or altered only in accordance with the regulations in this title” because the amendment would clarify how the Zoning Regulations apply and expressly authorize the City to incorporate necessary public safety features of a public project to protect the public health, safety and welfare of the community. Planning Commission Resolution No. PC1110-2025 CODE-0666-2025 (Citywide) Page 2 Section 2. Environmental Determination. The proposed text amendment is exempt under Section 15061(b)(3) of the CEQA Guidelines. This “Common Sense” exemption states that CEQA only applies to projects that have the potential for causing significant effect on the environment. Since the text amendment is a minor revision to Title 17 (Zoning Regulations) of the Municipal Code, specifically Section 17.02.020, “Purpose and Authority of the Zoning Regulations” intended only to provide clarity and expressly authorize exemptions for public safety features of public projects otherwise required to comply with City policies and regulations, this amendment clearly does not have the potential to cause any significant effect on the environment. Section 3. Action. The Planning Commission hereby recommends the City Council introduce and adopt an ordinance amending Title 17 of the City’s Municipal Code (Zoning Regulations) Section 17.02.020, “Purpose and Authority of the Zoning Regulations” to include an “applicability” subsection as set forth in Exhibit A and incorporated herein. On motion by Commissioner Kahn, seconded by Commissioner Jorgensen, and on the following roll call vote: AYES: Commissioner Kahn, Commissioner Jorgensen, Commissioner Munoz- Morris, Commissioner Cooley, and Vice Chair Tolle NOES: None REFRAIN: None ABSENT: Commissioner Flores and Chair Houghton The foregoing resolution was passed and adopted this 24th day of September 2025. ____________________ Tyler Corey, Secretary Planning Commission Planning Commission Resolution No. PC1110-2025 CODE-0666-2025 (Citywide) Page 3 Exhibit A 17.02.020 Purpose, authority, and applicability. A. Purpose. The zoning regulations are intended to guide the development of the city in an orderly manner, implement the policies of the general plan, protect and enhance the quality of the natural and built environment, promote the public health, safety and general welfare by regulating the use of land and buildings and the location and basic form of structures, and provide the physical, environmental, economic, and social advantages that result from the orderly planned use of land resources. B. Authority. The zoning regulations are enacted based on the authority vested in the city of San Luis Obispo and its charter, and the state of California, including but not limited to the State Constitution, Planning and Zoning Law (California Government Code Section 65800 et seq.), and the California Health and Safety Code. (Ord. 1650 § 3 (Exh. B), 2018) C. Applicability. The zoning regulations shall apply, to the extent permitted by law, to all property within the limits of the city of San Luis Obispo and to property for which applications for annexation and/or subdivisions have been submitted to the city of San Luis Obispo, including all uses, structures and land owned by any private person, firm, corporation or organization, the City of San Luis Obispo, or other local, State or Federal agencies. Any governmental agency shall be exempt from the provisions of the zoning regulations only as required by otherwise applicable state and federal law. The city of San Luis Obispo shall be exempt from the requirements of the zoning regulations for public safety features associated with public projects necessary to protect the public health, safety and welfare. Public safety features are defined as structures, architectural elements, devices, barriers, technology, communications, operational resiliency, fencing and / or walls, or other features of a public project that protect the public health, safety and welfare of the community. These features shall comply and / or conform with the General Plan and the California Environmental Quality Act (CEQA) as applicable.