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ORDINANCE NO. XXXX (2019 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
LUIS OBISPO, CALIFORNIA, REZONING PROPERTIES AT 609 &
633 PALM, 610, 614 & 630 MONTEREY, 970 & 972 NIPOMO
STREETS FROM OFFICE WITH A HISTORIC DISTRICT
OVERLAY (O-H) AND MEDIUM-HIGH DENSITY RESIDENTIAL
(R-3) TO DOWNTOWN COMMERCIAL ZONE WITH A
HISTORIC OVERLAY (C-D-H) CONSISTENT WITH THE PALM
NIPOMO PARKING STRUCTURE PROJECT WITH AN
ADDENDUM TO THE CERTIFIED ENVIRONMENTAL IMPACT
REPORT AS REPRESENTED IN THE COUNCIL AGENDA
REPORT AND ATTACHMENTS DATED NOVEMBER 5, 2019 (RZ-
0460-2019)
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 October 23, 2019, and recommended a revision to the City’s Zoning Map
(Exhibit 1 attached) consistent with the Palm Nipomo Parking Structure Project as part of
the entitlement process for the project (RZ-0460-2019); 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 November 5, 2019 , for the purpose of approving the rezone; and
WHEREAS, the City Council finds that the proposed amendments are consistent
with the General Plan as amended, the purposes of the Zoning Regulations, and other
applicable City ordinances; and
WHEREAS, the City Council adopted a Final Environmental Impact Report
(FEIR) for the project (SCH #2017051011) that addressed impacts related to the rezone at
its public hearing of July 17, 2018, and review of the Addendum at its public hearing of
November 5, 2019; and
WHEREAS, notices of said public hearings 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 the applicant, interested parties, and the evaluation and recommendations by
staff, presented at said hearing.
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City
of San Luis Obispo as follows:
SECTION 1. Environmental Determination. The City Council hereby finds that
this action has been environmentally reviewed pursuant to the provisions of the California
Ordinance No. XXXX (2019 Series) Page 2
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Environmental Quality Act (Public Resources Code Sections 21000, et seq. (“CEQA”),
the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et
seq.) and the City's local standards. On July 17, 2018, the City Council certified the Final
Environmental Impact Report (SCH #2017051011), adopted a Mitigation Monitoring and
Reporting Program, and adopted CEQA Findings and Mitigation Measures, including a
Statement of Overriding Considerations, for the Palm Nipomo Parking Structure Project
per Resolution No. 10923 (2018 Series). A Notice of Determination was filed with the San
Luis Obispo County Clerk Recorder’s Office on July 19, 2018.
The City Council adopts the following findings to approve the Addendum to the certified
FEIR: 1) the minor technical changes addressed in the Addendum do not materially change
the findings and conclusions of the certified FEIR; 2) no substantial changes are proposed
or would occur that would require major revisions to the certified FEIR; 3) no new
significant environmental effects are identified and there would not be a substantial
increase in the severity of previously identified significant effects; 4) the project would not
result in any significant effects that would be substantially more severe than what was
identified in the certified FEIR. Furthermore, the applicant will comply with all mitigation
measures and environmentally mitigating project features included in the certified FEIR.
SECTION 2. Findings. Based upon all evidence, the City Council makes the
following findings:
a) The rezone allows the implementation of the Palm Nipomo Parking Structure
Project by rezoning the site to be consistent with the General Plan as amended.
b) The rezone is consistent with General Plan Land Use Element policies and map as
amended related to the Palm Nipomo Parking Structure Project, including the land
uses and conceptual development envisioned for the area for following reasons: 1)
The rezone would facilitate the General Plan Land Use map as amended and reflect
General Plan development parameters for the area; and 2) the rezone would facilitate
appropriate infill development and construction consistent with the City’s
Downtown Concept Plan and support General Plan policies for the development of
Downtown.
c) The rezone will not create non-conforming uses at the site because any existing uses
that remain on site would be allowed under the new zoning.
SECTION 3 . Action. The City Council of San Luis Obispo hereby approves the
rezone and land use map amendment as shown in attached “Exhibit 1,” which is consistent
with the land use designations included in the General Plan as amended.
SECTION 4 . Severability. If any section, subsection, sentence, clause, or phrase
of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of
any court of any competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would have
passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase
Ordinance No. XXXX (2019 Series) Page 3
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not declared invalid or unconstitutional without regard to whether any portion of the
Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. 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 Tribune, 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 5th day of November, 2019, AND FINALLY
ADOPTED by the Council of the City of San Luis Obispo on ____ day of
_____________, 2019, on the following vote:
AYES:
NOES:
ABSENT:
______________________________
Mayor Heidi Harmon
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, this ____ day of _________________,
2019.
Teresa Purrington
City Clerk
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Exhibit 1. Amended Land Use Map and Rezoning Map
Palm Nipomo Parking Structure Project Amended Land Use and Rezoning Map
Existing Proposed
Medium-High
Residential (R-3)
Office with a
Historic Overlay
(O-H)
Downtown
Commercial with
a Historic Overlay
(C-D-H)