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HomeMy WebLinkAboutItem 6c - Adoption of Ord. No. 1750 Amending Title 17 of the Municipal Code Secion 17.20.020 to include an Applicability Subsection and to exempt vertain Public Safety Features in City Projects Item 6c Department: Community Development Cost Center: 4006 For Agenda of: 11/18/2025 Placement: Consent Estimated Time: N/A FROM: Timmi Tway, Community Development Director Prepared By: Rachel Cohen, Principal Planner SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1750 (2025 Series) AMENDING TITLE 17 OF THE CITY’S MUNICIPAL CODE (ZONING REGULATIONS) SECTION 17.02.020 TO INCLUDE AN APPLICABILITY SUBSECTION AND TO EXEMPT CERTAIN PUBLIC SAFETY FEATURES IN CITY PROJECTS FROM RECOMMENDATION Adopt Ordinance No. 1750 (2025 Series) entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, 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 and to exempt certain public safety features in City projects from the Zoning Regulations.” POLICY CONTEXT Consistency with the General Plan The Land Use Element (LUE) identifies that the City is to have Zoning Regulations that outlines uses allowed per specific zones, property-development standards, and procedures (LUE Policy 12.1: Zoning Regulations). The proposed amendment would provide procedural clarity regarding the application of the Zoning Regulations to City properties and projects. Currently the Zoning Regulations do not contain an applicability section within the Municipal Code Chapter 17.02. Other LUE programs highlight that public spaces and developments are to be designed to enhance public safety and welfare (LUE Programs 4.9, 4.23, and 4.36). The intent of the proposed Zonin Regulations text amendment is to facilitate necessary safety features in City projects. Consistency with the Zoning Regulations The Zoning Regulations do not provide a clear statement on how they are to be applied to properties in the City. The proposed amendment wou ld clarify how the Zoning Regulations apply and expressly authorize the City to incorporate necessary public safety features to protect the public health, safety and welfare of the community in City projects that may otherwise not be allowed per the zoning code. The proposed amendment would exempt public safety features of a City project that supports the public health, safety, and welfare. City projects, such as a new fire station, a significant addition to an existing City Page 23 of 509 Item 6c building, or other development would still be required to adhere to all requirements in the City’s Zoning Regulations. The proposed amendment only exempts public safety features of a City project that supports the public health, safety, and welfare. DISCUSSION The City undertakes various projects every year for the benefit of the community. Projects can range from constructing new City facilities such as a new parking structure, to making adaptations or modifications to existing facilities to include safety features such as fencing or a new radio tower for a fire station. Currently, the City is required to comply with the City’s Zoning Regulations for all new projects or modifications to existing City facilities. However, strict adherence to every requirement can be difficult or impossible given the unique nature and purpose of City projects versus private development. Often there is a need for these projects to include features that promote public health, safety, and welfare that do not comply with the Zoning Regulations. Several challenges have currently arisen with City projects. For example, alterations to City facilities may be required once it is discovered that there is a public health, safety, or welfare issue that needs to be addressed. To remedy the issue, modifications to the structure may be required that are not permitted due to the Zoning Regulations. Since the City is required to comply with the Zoning Regulations, certain safety elements cannot be installed, and the community and/or City staff remain at risk. Alternatively, the City may be required to request an exception through a lengthy process from its own regulations adding lengthy delays and cost increases on these specific projects. This amendment to the Zoning Regulations, Section 17.02.020 is intended to eliminate that administrative inefficiency and allow effective implementation of common-sense public safety features associated with public projects. Another challenge is related to the process to approve modifications that are identified as necessary for existing City projects. New City projects are required to be processed like private development projects, including development review and any other necessary entitlements. Once a City project is approved through the development review process, any modifications deemed necessary to protect the public health, safety, or welfare could require re-review of the project by the reviewing authority (Planning Commission, City Council, etc.). This causes significant delays in project delivery which equates to substantial City costs and risk to public health, safety, or welfare. By approving the proposed amendment, safety features that are determined to be necessary would not trigger an extensive re-review of the project. In summary, the proposed text amendment to the Zoning Regulations, Section 17.02.020 would provide limited flexibility to allow City projects to include features that would protect the public health, safety and welfare even if they would not normally comply with the Zoning Regulations. Given the unique nature of the types of projects and facilities that are developed by the City, this flexibility is necessary to ensure that the City can develop and maintain buildings and facilities that are saf e for the community and staff. Page 24 of 509 Item 6c Addition of Applicability Section The Zoning Regulations do not provide a clear statement on how they are to be applied to properties in the City. The City currently operates and has historically interpreted its Zoning Regulation to require that both private and public properties are subject to the Zoning Regulations, but the code does not expressly state this. As such, the proposed amendment to Zoning Regulations, Section 17.02.020 includes an “applicability” section to modify historic practice and clarify how the Zoning Regulations apply. Previous Advisory Body Action On September 24, 2025, the Planning Commission reviewed the proposed Zoning Regulations text amendments and unanimously (5:0) recommended the City Council approve the proposed amendments. On October 21, 2025, the City Council unanimously (5:0) voted to introduce the ordinance to amend Title 17 (Zoning Regulations) Section 17.02.020, to include an “applicability” subsection and exempt certain public safety features in City projects from the Zoning Regulations. Public Engagement The proposed text amendments were noticed in accordance with Municipal Code Chapter 17.122 (Public Notices and Hearing) and state law. Prior to the Planning Commission meeting, notice of the proposed text amendments was published in the local newspaper, New Times, on September 4, 2025. Notice of the October 21, 2025, City Council public hearing was published in New Times, and hearing agendas for meetings were posted at City Hall, consistent with adopted notification procedures. Public comment was received at the meeting. Public notice of this hearing has been published in New Times, and hearing agendas for this meeting have been posted at City Hall, consistent with adopted notification procedures CONCURRENCE The proposed amendment was reviewed by Public Works and the City Attorney’s office and reflects their comments and recommendations. ENVIRONMENTAL REVIEW 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. The amendment does not authorize any change in the environment or otherwise allow new land uses or intensify existing land uses. These amendments do not Page 25 of 509 Item 6c authorize any specific action without otherwise applicable development and environmental review; individual projects will still be required to comply with CEQA, as applicable. FISCAL IMPACT Budgeted: N/A Budget Year: 2025-26 Funding Identified: N/A Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $N/A $ $ $ State Federal Fees Other: Total $N/A $0 $0 $0 There are no fiscal impacts directly related to approval of the Zoning Regulations text amendments. No previously unanticipated fiscal impacts would occur as a result of this action. ALTERNATIVES 1. Continue consideration of the proposed amendments. An action continuing the project should include direction for staff on pertinent issues that should be further studied or analyzed for future presentation to the Council. 2. Propose changes to the proposed ordinance. The City Council could decide to change or modify the proposed amendments to Title 17 Section 17.02.020 of the City’s Municipal Code. Under this alternative, the proposed changes would require reintroduction and adoption at subsequent future meetings. 3. Do not adopt the proposed ordinance. The City Council could decide not to adopt the attached Ordinance. If the City Council does not adopt the Ordinance there would continue to be no applicability section of the Zoning Regulations and certain public safety features in City projects would continue to be subject to Zoning Regulation requirements. ATTACHMENTS A - Ordinance No. 1750 (2025 Series) adopting amendments to Title 17 Section 17.02.020 of the City’s Municipal Code Page 26 of 509 O 1750 ORDINANCE NO. 1750 (2025 SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, 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 AND TO EXEMPT CERTAIN PUBLIC SAFETY FEATURES IN CITY PROJECTS FROM THE ZONING REGULATIONS. THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW (CEQA) AS REPRESENTED IN THE CITY COUNCIL AGENDA REPORT AND ATTACHMENTS DATED OCTOBER 21, 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, 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 October 21, 2025, for the purpose of introducing an ordinance to amend 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 City Council has duly considered all evidence, including the testimony of interested parties and the evaluation and recommendation 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. Findings. Based upon all the evidence, the City Council makes the following findings: a) 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. Page 27 of 509 Ordinance No. 1750 (2025 Series) Page 2 O 1750 b) The proposed amendment is consistent with Land Use Element Programs 4.9, 4.23, and 4.36 because the amendment would exempt public safety feature s of a public project that supports the public health, safety, and welfare. c) 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. 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. The amendment does not authorize any change in the environment or otherwise allow new land uses or intensify existing land uses. These amendments do not authorize any specific action without otherwise applicable development and environmental review; individual projects will still be required to comply with CEQA, as applicable. SECTION 3. Action. The City Council hereby adopts 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 and to exempt certain public safety features in City projects from the Zoning Regulations as set forth in Exhibit A and incorporated herein. SECTION 4. 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. Page 28 of 509 Ordinance No. 1750 (2025 Series) Page 3 O 1750 INTRODUCED on the 21st day of October, 2025, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 18th day of November, 2025, on the following vote: AYES: NOES: ABSENT: ___________________________ 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 Page 29 of 509 Ordinance No. 1750 (2025 Series) Page 4 O 1750 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, communication s, operational resiliency, fencing and / or walls, or other features of a public project that protect the public health, safety and welfare of the community. Page 30 of 509