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HomeMy WebLinkAbout10-21-2014 PH2 Memo from CDD Director Johnsonr W Council Memorandum i. ' `6- Date: October 15, 2014 TO: Mayor and City Council Council Meeting: 10/21/2014 Item No. PH2 RECIrJ� /l l5 OCT 16 2014 SLO CITY CLERK] FROM: Derek Johnson, Community Development :Director VIA: Katie Lichtig, City Manager SUBJECT: Revised Ordinances for LUCE Update to separate General Hospital Special Planning Area The Council successfully segmented the Land Use Element discussion regarding the two areas of potential conflict for Council members: General Hospital and Bishop Knoll sites. Final action was taken on those two sites on September 16, 2014. The action on October 21, 2014 will implement that final action by reflecting these sites on the Land Use Element diagram — a graphical representation of the policy direction formalized on September 16, 2014. Zoning amendments associated with the LUCE update project are also included in the 10 -21 2014 Council Agenda Report (Attachment 5) and are adopted by ordinance. These amendments include the ordinance establishing the Airport Overlay Zone, Special Focus Area Overlay Zone, and Zoning map changes associated with the Special Planning Areas included in Chapter 8 of the Land Use Element update (Exhibit A of Attachment 5). Since the Zoning Ordinance represents a new action, separate action needs to be taken on the re- zoning for the General Hospital Special Planning Area in order to avoid a potential conflict. The same concern does not present itself for Bishop Knoll as that area is still outside city limits and any zoning amendments will be processed in conjunction with an annexation application. Staff has separated the ordinance provided in the Council agenda package into two ordinances — one for the General Hospital site, and one that captures the remaining Zoning actions. Attached: Revised Ordinance including Airport Overlay Zoning Regnilations, Special Focus Area Overlay Zone, and zone changes for Special Planning Areas (General Hospital removed) Ordinance for General Hospital Special Planning Area zoning amendments Please contact Kim Murry, kmurry a,slocity.org or 805 - 781 -7274, for questions or comments in advance of the Council meeting. T: \Council Agenda Reports\2014 \2014- 10- 21 \LUCE Adoption (Johnson- Murry) \Agenda Correspondence \Council Memo -LUCE Update (Revised Ordinance & Gen Hospital).docx ORDINANCE NO. #### (2014 Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING TITLE 17 (ZONING REGULATIONS) OF THE MUNICIPAL CODE (GPI/ER 15-12) WHEREAS, the City desires to update its General Plan Land Use and Circulation Elements (LUCE) with policies to guide development based on logical infill development patterns that discourage urban sprawl and provide for safe, high quality residential neighborhoods and supportive amenities and services; and WHEREAS, the policies and programs proposed in the LUCE Update reflect the sentiment of the community as a whole. Since the LUCE Update process was initiated in January 2012, there have been 34 LUCE Task Force (TF-LUCE) meetings; 8 Planning Commission hearings and 11 City Council hearings held to refine the LUCE project description and ensure that its policies and programs reflect the goals and desires of the community. These efforts were informed by input from a community- wide survey and public workshops held during this time; and WHEREAS, the Planning Commission of the City of San Luis Obispo conducted public hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on December 12th and 16th, 2013, for the purpose of reviewing recommendations of the Task Force for the Land Use and Circulation Elements Update (TF-LUCE) and recommending a set of policy changes for the Land Use and Circulation Elements (LUCE) to be studied through the environmental review process; and WHEREAS, the City Council of the City of San Luis Obispo reviewed the recommendations of the Planning Commission at public hearings conducted January 14th and 28th, 2014 in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, for the purpose of initiating the LUCE update project description to be considered through the Environmental Impact Report (EIR); and WHEREAS, the Draft EIR was released on June 13, 2014 with a 45 day comment period that closed on July 28, 2014, the Final EIR was issued on September 3, 2014, was recommended for certification by the Planning Commission on September 10, 2014, and was certified by the City Council of the City of San Luis Obispo on September 16, 2014; and, WHEREAS, the Planning Commission of the City of San Luis Obispo conducted public hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on September 10th, 11th, 17th, & 18th 2014, for the purpose of considering General Plan Amendments proposed as part of the Land Use and Circulation Element Update project including General Plan Land Use Element diagram and Zoning map changes; and, WHEREAS, the City Council of The City of San Luis Obispo, conducted public hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis ORDINANCE - W/O GENERAL HOSPITAL Ordinance No. #### (2014 Series) GPI/ER 15-12 Airport Overlay Zone, Special Focus Areas Overlay Zone, Zoning Map 2 Obispo, California on September 16, 2014; and adopted resolutions certifying the programmatic EIR, approving the land use designations and policies for Bishop Knolls and General Hospital Special focus areas, and closing out the Sustainable Communities Grant; and, WHEREAS, the City Council of The City of San Luis Obispo, conducted public hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California on September 30, 2014, and reviewed and provided direction on the draft Airport Overlay Zone (AOZ), draft Special Focus Overlay Zone, remaining Chapter 8 focus areas and Chapter 11 of the Circulation Element; and, WHEREAS, the City Council of The City of San Luis Obispo, conducted public hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California on October 7, 2014, and reviewed and provided direction on draft Land Use Element and, reviewed and provided direction on Circulation Element; and, WHEREAS, the LUCE update which was referred to the Airport Land Use Commission within the Airport Land Use Plan (ALUP) boundaries and associated Airport Overlay Zoning Regulations have previously been found inconsistent with the ALUP, and the City Council has overruled the ALUC in accordance with requirements of the State Aeronautics Act and is consistent with the purposes of Article 3.5 as stated in Section 21670 et seq; and, WHEREAS, the City Council of The City of San Luis Obispo, conducted public hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California on October 21, 2014, for the purpose of final adoption of the Land Use and Circulation Element update project (LUCE). BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination. The Draft EIR for the Land Use and Circulation Element Update was released on June 13, 2014 with a 45-day comment period that closed on July 29, 2014 and the Final EIR was issued on September 3, 2014. For each identified potentially significant effect under the categories of Agricultural Resources, Cultural Resources, and Public Services, mitigation measures were included and incorporated into the LUCE Update project to reduce the identified potentially significant adverse impacts to less than significant levels. The significant effects identified in the Air Quality, Traffic and Circulation, and Noise sections of the EIR will not be fully mitigated to a degree of insignificance with the incorporation of all the identified mitigation measures included in the EIR. On September 10, 2014, the Planning Commission reviewed and recommended Council adoption of a Statement of Overriding Considerations that the project benefits warrant project approval despite the identified adverse environmental impacts. On September 16, 2014, the City Council held a duly noticed public hearing and duly considered all evidence, including the ORDINANCE - W/O GENERAL HOSPITAL Ordinance No. #### (2014 Series) GPI/ER 15-12 Airport Overlay Zone, Special Focus Areas Overlay Zone, Zoning Map 3 testimony of interested parties, and the evaluation and recommendations by the TF- LUCE, Planning Commission, and staff presented at said hearing, and certified the Final EIR pursuant to the required findings, including a Statement of Overriding Considerations. Pursuant to Section 15162 of the State CEQA Guidelines, no subsequent or supplemental EIR shall be required unless: (a) Project changes require major revisions of the EIR; (b) Changed circumstances have occurred that require major revisions of the EIR; or (c) New information becomes available that was not known and could not have been known at the time the EIR was certified. The minor LUCE Update policy amendments that have occurred since certification of the Final EIR do not trigger any of these requirements for supplemental review under CEQA and in fact most have the effect of reducing project impacts. SECTION 2. Findings. Based upon all the evidence, the Council makes the following findings: 1. The recommended Airport Overlay Zoning (AOZ) provides for implementation of the Community’s intent to update the General Plan Land Use and Circulation Elements with policies that balance goals for a vibrant economy and support of housing opportunities with conservation of the City’s natural environment, and protection of the City’s unique character and heritage that is consistent with the State Aeronautics’ Act and guidance with the California Airport Land Use Planning Handbook as evidenced by the City of San Luis Obispo General Plan Update, Land Use and Circulation Element (LUCE), Airport Compatibility Report, prepared by Johnson Aviation, dated August 11, 2014. 2. Implementing Airport Overlay Zoning (AOZ) Regulations are consistent with the General Plan since development envisioned in the draft Land Use and Circulation Element Update (LUCE) would be consistent with the AOZ and future development in areas envisioned for development within the airport area located within Airport Land Use Plan Safety zones S-1b, S-1c, and S-2 would be required to comply with regulations of the AOZ, which include land use compatibility provisions, noise requirements, overflight and obstructions (Part 77) provisions, and disclosure requirements regarding airport operations consistent with the State Aeronautics Act, Federal Aviation Administration requirements, and guidance of the California Airport Land Use Planning Handbook. 3. The proposed amendments will not be detrimental to the public health, safety, or welfare since Airport Overlay Zoning (AOZ) Regulations are consistent with Article 3.5 of the State Aeronautics Act and provide adequate protection for noise, safety, overflight, and airspace protection as evidenced in the overrule findings supported by substantial evidence contained in the Johnson Aviation Report. ORDINANCE - W/O GENERAL HOSPITAL Ordinance No. #### (2014 Series) GPI/ER 15-12 Airport Overlay Zone, Special Focus Areas Overlay Zone, Zoning Map 4 4. Airport Overlay Zoning (AOZ) Regulations ensure that land uses and development within the Airport Overlay Zone (AOZ) are compatible with existing and future airport operations since allowed uses and residential and non-residential density regulations have been prepared using guidance from the San Luis Obispo County Regional Airport Land Use Plan, State Aeronautics Act, and California Airport Land Use Planning Handbook Guidelines and the City of San Luis Obispo General Plan Update, Land Use and Circulation Element (LUCE), and Airport Compatibility Report, prepared by Johnson Aviation, dated August 11, 2014. 5. Proposed amendments to Land Use Element designations and Zoning map changes associated with the update to the Land Use and Circulation Element project support development and redevelopment of sites that will accommodate the community’s future growth. 6. Recommended amendments to Land Use Element designations and Zoning map changes associated with the update to the Land Use and Circulation Element project correspond to recommended policy direction to address development areas in the City or in the City’s urban reserve areas which have special constraints or considerations. 7. Proposed amendments to Land Use Element designations and Zoning map changes associated with the update to the Land Use and Circulation Element project present opportunities in the community to develop customized land use and circulation approaches or special design implementation to enhance their appearance and achieve their respective development potential in a manner that is consistent with community goals, objectives, and policies. 8. Land Use Element mapping amendments and Zoning changes associated with implementation of the South Broad Street Area Plan are consistent with plans for redevelopment reviewed through a separate planning effort involving 27 public hearings and approximately 40 public outreach efforts. 9. Establishment of the Special Focus Area Overlay Zone will ensure implementation of Special Focus areas will be consistent with the intent of policy language and objectives of Land Use and Circulation Element update and ensure consistency with the State Aeronautics Act with ongoing guidance from the California Airport Land Use Planning Handbook. SECTION 3. Chapter 17.22.010. Uses Allowed by Zones, of the City of San Luis Obispo’s Municipal Code is amended to read as follows: ORDINANCE - W/O GENERAL HOSPITAL Ordinance No. #### (2014 Series) GPI/ER 15-12 Airport Overlay Zone, Special Focus Areas Overlay Zone, Zoning Map 5 Chapter 17.22: Use Regulation Section: 17.22.010 Uses allowed by zones. 17.22.010 Uses allowed by zones. A. Status of Uses. Uses within zones shall be as provided in Table 9, subject to parts B through J. below. In Table 9, symbols shall have these meanings: A The use is allowed; D If the director approves an administrative use permit as provided in Sections 17.58.020 through 17.58.080, the use may be established; PC If the planning commission approves a use permit as provided in Sections 17.58.020 through 17.58.080, the use may be established; A/D The use is allowed above the ground floor. If the director approves an administrative use permit, it may be established on the ground floor. Special notes affecting the status of uses, indicated by number in Table 9, may be found at the end of the table. B. Airport Land Use Plan and Airport Overlay Zone (AOZ). Development and uses within Airport Land Use Plan safety zones S-1b, S-1c, and S-2 are subject to requirements of Airport Overlay Zone Chapter 17.57. Development and uses within the Runway Protection Zone (RPZ) and ALUP area S-1a shall be consistent with provisions of the ALUP. Most areas within the Airport Overlay Zone (AOZ) are located within Specific Plan areas. Areas within the AOZ which are located in Specific Plans designated with SP zoning shall follow regulations within their respective Specific Plans. C. Interpretation of Use Listing. These regulations are intended to permit similar types of uses within each zone. The director, subject to the appeal procedures of Chapter 17.66, shall determine whether uses which are not listed shall be deemed allowed or allowed subject to use permit approval in a certain zone. This interpretation procedure shall not be used as a substitute for the amendment D. D. Principal and Accessory Uses. Listed uses are principal uses. Accessory uses are allowed with principal uses. E. Production and Sales. Where manufacturing is allowed, incidental sale of items made on the premises is allowed. When sale of a particular type of item is allowed, craftsman-type production of such an item for sale on the premises is allowed. F Public School Uses. See Section 17.36.030 concerning uses which may be established within public schools. G. Prohibition of Drive-through Facilities. Drive-through facilities are not allowed in any zone. H. Prohibition of Vacation Rentals. Vacation rentals are not allowed in any zone. I. Prohibition of Mineral Extraction. Commercial mining is prohibited in City limits. (Ord. 1365 (2000 series)(part) J. Specific Plan Consistency. Some land subject to City zoning is also subject to one of ORDINANCE - W/O GENERAL HOSPITAL Ordinance No. #### (2014 Series) GPI/ER 15-12 Airport Overlay Zone, Special Focus Areas Overlay Zone, Zoning Map 6 several Specific Plans, which are intended to provide additional policies and development standards for the development of those areas. Land within Specific Plans, designated by the SP zoning, may be subject to further restrictions. The list of uses and permit requirements in the Specific Plan shall prevail. SECTION 4. Chapter 17.53. Special Focus Area (S-F) Overlay Zone. of the City of San Luis Obispo’s Municipal Code is hereby added to read as follows: Chapter 17.53: Special Focus Area (S-F) Overlay Zone Sections: 17.53.010 Purpose and Application 17.53.020 Allowed Uses and Development Standards 17.53.030 Subsequent Amendments 17.53.010 Purpose and application. The SF Overlay Zone is intended to translate the provisions of General Plan Land Use Element Chapter 8 (Special Focus Areas) into regulations for the subsequent development of land. It will be applied to areas identified in Chapter 8 as Special Planning Areas, where the General Plan Land Use Element calls for special design concepts. 17.53.020 Allowed uses and development standards. All development within the Special Planning Areas shall adhere to the requirements of the underlying zone district and the provisions for each of the respective Special Planning Areas, as described in Chapter 8 of the Land Use Element. In addition, development objectives within each of the Special Planning Areas shall be interpreted by the Community Development Director or applicable advisory body or commission in order to achieve the development objectives of the Special Focus Areas. Where provisions of the underlying zone and Land Use Element Chapter 8 conflict, Land Use Element policies shall take precedence. Planning Commission review and approval is required for the following Special Focus Areas: Foothill Boulevard/Santa Rosa, Cal Trans Site, Madonna Inn Area, Sunset Drive-in Theater/Prado Road Area, LOVR Creekside Area as shown the Land Use Element. 17.53.030 Subsequent Amendments. Minor adjustments to internal zone district boundaries within each of the Special Planning Areas may be proposed or required during development review based on physical site conditions, environmental impacts and other factors, as deemed appropriate in order to best implement policies and programs contained in the General Plan. SECTION 5. Chapter 17.57. Airport Overlay Zone (AOZ) of the City of San Luis Obispo’s Municipal Code is hereby added to read as follows: ORDINANCE - W/O GENERAL HOSPITAL Ordinance No. #### (2014 Series) GPI/ER 15-12 Airport Overlay Zone, Special Focus Areas Overlay Zone, Zoning Map 7 Chapter 17.57: Airport Overlay Zone (AOZ) Sections: 17.57.010 Purpose and Intent. 17.57.020 Applicability 17.57.030 Procedures 17.57.040 Development Standards and Uses 17.57.050 Overlay Zones 17.57.060 Airspace protection 17.57.070 Noise 17.57.080 Overflight Notice 17.57.090 Open Land 17.57.010 Purpose and intent. The purpose and intent of the Airport Overlay Zoning District is to: A. Implement the City’s General Plan policies to ensure that all land uses within the Airport Overlay Zone (AOZ) are consistent with the State Aeronautics Act, State Law, Federal Aviation Administration Regulations, and guidance of the California Airport Land Use Planning Handbook. B. Ensure that land uses and development within the Airport Overlay Zone (AOZ) are compatible with existing and future airport operations. C. Prohibit the establishment of incompatible uses and further expansion of incompatible uses which could detrimentally affect long term economic vitality of the airport; and to avoid or minimize exposure of persons to potential hazards associated with current and future airport operations. D. Prohibit development, uses, or any installations or activities which could represent a hazard to existing and future flight operations. E. Recognize unique constraints and considerations which apply to properties potentially affected by airport operations by establishing regulations and review criteria for land use and development which apply specifically to properties within the Airport Overlay Zone (AOZ). F. Recognize the boundary of the San Luis Obispo County Regional Airport Land Use Plan (ALUP) within the city limits by establishment of an Airport Overlay Zone (AOZ). 17.57.020 Applicability Regulations in this Chapter shall apply to all uses, activities, and existing and proposed development on properties within Safety zones S-1b, S-1c and S-2 designated in the ALUP. Should an override action be taken, the City shall ensure that development is consistent with direction in the State Aeronautics Act, the FAA regulations, and guidance provided in the Caltrans division of Aeronautics Airport Land Use Planning Handbook. New development and ORDINANCE - W/O GENERAL HOSPITAL Ordinance No. #### (2014 Series) GPI/ER 15-12 Airport Overlay Zone, Special Focus Areas Overlay Zone, Zoning Map 8 land uses within the Runway Protection Zone and S-1a ALUP Safety Zones shall be consistent with provisions of the ALUP. A. Specific Plans. For properties located within the AOZ which also are located within specific plans, development regulations, standards, and policies shall be followed per respective specific plans. In cases where policies or standards are not provided within the specific plan, the policies and standards within this Chapter will apply in addition to other applicable Zoning Regulations, General Plan, or other standards and regulations which apply to the project or land use. In no case will a land use, activity, or development be allowed to violate Airspace Protection Standards of 17.57.060. B. Existing Development and Land Uses. Non-conforming uses and structures shall comply with Airspace Protection Standards of 17.57.060 which prohibit any activities that pose a risk to flight operations within the Airport Overlay Zone (AOZ). Existing land uses that are not consistent with the Airport Overlay Zone (AOZ) are non- conforming uses and may continue, but may not expand more than 10% beyond the permitted project size at the time of adoption of the AOZ. No increase in density for non-conforming residential land uses is permitted. Non-conforming uses shall comply with Zoning Regulations Chapters 17.10 and 17.14 (Non-conforming uses and Non- conforming structures) provisions for expiration of non-conforming status and proposed changes in land use which do not conform to the AOZ. Development or land uses shall be considered “existing” if one of the following conditions is met: 1. A vesting tentative map has been approved and has not expired or all discretionary approvals have been obtained and have not expired. 2. Building permits have been issued and have not expired. 3. The structures and site development have been legally established and physically exist. 17.57.030 Procedures A. Approval. All ministerial and discretionary actions within the Airport Overlay Zoning District (AOZ) shall be reviewed for consistency with this Chapter prior to approval. B. Mandatory findings for approval. When a project or activity is subject to discretionary actions requiring a public hearing or notice, the applicable review authority shall make all of the following findings, as applicable: 1. The project or use complies with the noise compatibility policies of the Airport Overlay Zone (AOZ). 2. The project or use complies with residential and non-residential density standards in Table 10 of the Airport Overlay Zone (AOZ). 3. The project or use complies with Table 10 of the applicable Airport Overlay Zone. 4. The project or use complies with the airspace protection policies of the Airport Overlay Zone. 5. The project or use complies with the overflight policies of the Airport Overlay Zone. A. Amendments. Other than General Plan, Specific Plan, or Zoning Code changes addressed through a previous referral to the San Luis Obispo County Regional Airport ORDINANCE - W/O GENERAL HOSPITAL Ordinance No. #### (2014 Series) GPI/ER 15-12 Airport Overlay Zone, Special Focus Areas Overlay Zone, Zoning Map 9 Land Use Commission (ALUC), proposed general plan land use amendments, zoning amendments, and specific plan amendments that impact density or intensity of development within the Airport Overlay Zone (AOZ) shall be referred to the Airport Land Use Commission for a determination of compatibility with the adopted Airport Land Use Plan. B. Overrule Provisions. Should the San Luis Obispo County Airport Land Use Commission (ALUC) update the San Luis Obispo County Regional Airport Land Use Plan (ALUP), the City Council of the City of San Luis Obispo shall review the updated ALUP and either make changes to applicable General Plan sections, Zoning, and implementing ordinances, or the City Council may, pursuant to Public Utilities Code Section 21676(b), overrule the ALUC. 17.57.040 Development Standards and Uses. Land use compatibility standards are intended to minimize the risk to people and property on the ground as well as to people in an aircraft in the event of an accident or emergency landing occurring outside the airport boundary. A. Allowable Uses & Non-Residential Density. Table 10 lists the uses that are appropriate in the Airport Land Use Plan Safety Zones S-1b, S-1c and S-2. Table 10 includes maximum density standards for the safety zones listed above which shall be calculated in accordance with the following method: 1. Non-residential density calculation. Calculations of non-residential density shall be based on requirements of SLOMC 17.16.060. Parking Space Requirements with the assumption of 1.3 occupants per space and gross parcel size including adjacent roads to centerline of right-of-way. Non-residential density shall be calculated prior to reductions for shared use, trip reduction, bicycle, etc. In determining allowed persons per acre, all fractions shall be rounded to the nearest whole number. Example - Proposed Development: Two office buildings, each two stories and containing 20,000 square feet of floor area per building. Site size is 3.0 net acres. Counting the adjacent road to centerline of the right-of-way, 3.5 acres gross. The number of people on the property is assumed to equal 1.3 times the number of parking spaces. The average usage intensity would therefore be calculated as follows: (1) 40,000 sq. ft. floor area x 1.0 parking space per 300 sq. ft. = 134 (2) 134 parking spaces x 1.3 persons per space = 174 persons per acre. (3) 174 persons/3.5 acres gross site size = 50 persons per acre average for the site. 2. Exceptions. Subject to approval of an administrative use permit, the Community Development Director may determine another method of density calculation is appropriate based on the particular characteristics of the proposed use and/or development. The method of calculation shall remain consistent with recommended methodologies of Appendix “G” of the California Airport Land Use Planning Handbook. B. Interpretation of use listing. The Community Development Director, subject to the ORDINANCE - W/O GENERAL HOSPITAL Ordinance No. #### (2014 Series) GPI/ER 15-12 Airport Overlay Zone, Special Focus Areas Overlay Zone, Zoning Map 10 appeal procedures of Chapter 17.66, shall determine whether uses which are not listed shall be deemed allowed or allowed subject to use permit approval in a certain zone that are consistent with the State Aeronautics Act with guidance from the California Airport Land Use Planning Handbook. This interpretation procedure shall not be used as a substitute for the amendment procedure as a means of adding new types of uses to Table 10. ORDINANCE - W/O GENERAL HOSPITAL Ordinance No. #### (2014 Series) GPI/ER 15-12 Airport Overlay Zone, Special Focus Areas Overlay Zone, Zoning Map 11 ORDINANCE - W/O GENERAL HOSPITAL Ordinance No. #### (2014 Series) GPI/ER 15-12 Airport Overlay Zone, Special Focus Areas Overlay Zone, Zoning Map 12 ORDINANCE - W/O GENERAL HOSPITAL Ordinance No. #### (2014 Series) GPI/ER 15-12 Airport Overlay Zone, Special Focus Areas Overlay Zone, Zoning Map 13 ORDINANCE - W/O GENERAL HOSPITAL Ordinance No. #### (2014 Series) GPI/ER 15-12 Airport Overlay Zone, Special Focus Areas Overlay Zone, Zoning Map 14 ORDINANCE - W/O GENERAL HOSPITAL Ordinance No. #### (2014 Series) GPI/ER 15-12 Airport Overlay Zone, Special Focus Areas Overlay Zone, Zoning Map 15 17.57.050 Airport Overlay Zone The Safety zone boundaries described within the Airport Overlay Zone are consistent with the adopted San Luis Obispo County Regional Airport Land Use Plan. 17.57.060 Airspace Protection Airspace Protection. Airspace protection standards are intended to reduce the risk of harm to people and property resulting from an aircraft accident by preventing the creation of land use features and prohibition of any activities that can pose hazards to the airspace used by aircraft in flight. Airspace protection standards regarding Obstruction and Hazards to air navigation are defined in the Airport Land Use Plan and apply to land uses and development within the Airport Overlay Zone as summarized below: 1. Objects affecting navigable airspace. Federal Aviation Regulation (FAR Part 77) and Public Utility Code (PUC) Section 21659 require that structures not penetrate the airspace protection surfaces of the airport without a permit from the Californi a Department of Transportation or a determination by the Federal Aviation Administration (FAA) that the object does not constitute a hazard to air navigation or would not create an unsafe condition for air navigation. The airspace surrounding an airport is divided into segments called “imaginary surfaces,” which identify height limits for objects that ORDINANCE - W/O GENERAL HOSPITAL Ordinance No. #### (2014 Series) GPI/ER 15-12 Airport Overlay Zone, Special Focus Areas Overlay Zone, Zoning Map 16 require further study by the FAA to avoid creating hazards to air navigation. Structures that have the potential to be considered an obstruction by the FAA shall be subject to the provisions listed in a-c below: a. Proponents of a project shall file a Notice of Construction or Alteration (Form 7460- 1) with the Federal Aviation Administration (FAA) if a proposed structure is more than 200 feet above ground level or may exceed one foot in height for every 100 feet from the edge of the nearest point on the runway for a distance up to 20,000 feet. Filing Form 7460-1 with the FAA will initiate an aeronautical study that will ensure a proposed structure does not constitute a hazard to air navigation or would not create an unsafe condition for air navigation, including impeding any en route or terminal (airport) instrument procedures as per the United States Standard for Terminal Instrument Procedures (TERPS) described in FAA Order 8260.3B (Code of Federal Regulations §77.29 Evaluating Aeronautical Effect). b. Approvals for such projects may include the requirement for an avigation easement, marking or lighting of the structure, or modifications to the structure. The avigation easement shall be consistent with the form and content of Exhibit H1 in appendix H of the California Airport Land Use Planning Handbook. c. Building permits shall not be issued for a project until a Determination of No Hazard has been issued by the FAA and any conditions in that Determination are met. 2. Other Flight Hazards Prohibited. Any activities within the Airport Overlay Zone (AOZ) which could pose a hazard to flight operations including but not limited to the following: a. Glare or distracting lights that could be mistaken for airport lights; b. Sources of dust, heat, steam, or smoke that may impair pilot vision, or light shows, or laser shows or spotlights; c. Any emissions that may cause thermal plumes or other forms of unstable air that generate turbulence within the flight path; d. Sources of electrical interference with aircraft communications or navigation; and e. Features that create an increased attraction for wildlife that may be hazardous to airport operations such as attraction of birds to the extent of creating a significant hazard of bird strikes (examples are outdoor storage or disposal of food or grain, or large, artificial water features; this provision is not intended to prevent enhancement or protection of existing wetlands or the mitigation of wetlands impacts). Features which may pose these risks shall be reviewed for consistency with the FAA’s Advisory Circular 150/5200-33B, Hazardous Wildlife Attractants on or Near Airports. f. Entails installation, construction, or enlargement of a structure that constitutes an obstruction to air navigation through penetration of FAA Part 77 surfaces except as may be approved by the Federal Aviation Administration (FAA). 17.57.070 Noise A. Airport Related Noise. Noise compatibility standards are intended to prevent the establishment of noise - sensitive land uses in portions of the airport environ that are exposed to significant levels of aircraft noise. Where permitted within the Airport Overlay Zone (AOZ), the following noise - sensitive land uses shall comply with applicable noise exposure criteria. ORDINANCE - W/O GENERAL HOSPITAL Ordinance No. #### (2014 Series) GPI/ER 15-12 Airport Overlay Zone, Special Focus Areas Overlay Zone, Zoning Map 17 1. Noise analysis from the Airport Master Plan Environmental Impact Report (2006), or subsequent noise analysis used to update the Airport Master Plan shall be used for mapping of the long term noise impact of the airport’s aviation activity which includes future planned facilities development depicted in the FAA-approved Airport Layout Plan. These noise contours are shown in Figure 13. New Residential Development. New residential uses within the 60 db CNEL contour as depicted in Figure 13, shall demonstrate consistency with maximum noise levels by providing noise analysis, construction details, or other information deemed necessary by the Community Development Director to verify conformance with maximum interior noise levels. 2. Interior Noise Levels not to exceed 45db CNEL. For the following noise - sensitive land uses, aircraft -related, interior noise levels shall not exceed 45dB CNEL (with windows closed): a. Living or sleeping areas of single or multi -family residences; b. Hotels and motels; c. Hospitals and nursing homes; d. Place of Worship, meeting halls, and mortuaries; and e. Schools, libraries and museums. 3. Interior Noise Levels not to Exceed 50 dB CNEL. For the following noise-sensitive land uses, aircraft-related, interior noise levels shall not exceed 50dB CNEL (with windows closed): a. Office environments; b. Eating and drinking establishments; and c. Other miscellaneous commercial facilities. 17.57.080 Overflight Notice A. Aircraft Overflight. Aircraft overflight standards are intended to provide overflight notification for land uses near the San Luis Obispo County Regional Airport. It shall be the responsibility of all owners of property offered for -sale or for -lease within the Airport Overlay Zone (AOZ) to provide a disclosure prior to selling or leasing property in San Luis Obispo as specified in the Airport Land Use Plan. All discretionary actions shall include a condition of approval requiring all owners of property offered for -sale or for -lease within the Airport Overlay Zone to provide the aforementioned disclosure prior to selling or leasing property. For new residential land uses, the overflight notification shall be recorded and appear with the property deed. 17.57.090 Open Land A. Open land. Open land areas are intended to increase the chances of a pilot successfully landing an aircraft in an emergency situation where they are unable to reach the runway. The City has identified properties to contain open land areas as follows: 1. Airport Area Specific Plan: 250 acres on the Chevron property with two areas specifically improved to meet ALUC standards; and a 300’ wide strip adjacent ORDINANCE - W/O GENERAL HOSPITAL Ordinance No. #### (2014 Series) GPI/ER 15-12 Airport Overlay Zone, Special Focus Areas Overlay Zone, Zoning Map 18 to Buckley Road (24 acres) on the Avila Ranch site. 2. Margarita Area Specific Plan: two open land areas amid clustered development. 3. Laguna Lake public park open area. Outside of AOZ but within the approach surface. 4. Brughelli property easement south of Buckley Road. 5. San Luis Ranch Specific Plan area, west of Highway 101 and south of Dalidio Drive. 6. City open space areas within the Airport Overlay Zone. Where open space or conservation easements have been obtained and the topography supports it, the City shall not allow uses to be established that conflict with their availability to be used as a landing option in the event of an emergency. Where easements have yet to be obtained, the City shall explore opportunities to incorporate the requirement for open land as part of the discretionary approval process. Open land areas shall be consistent with ALUP direction for size, orientation and topography. ORDINANCE - W/O GENERAL HOSPITAL Ordinance No. #### (2014 Series) GPI/ER 15-12 Airport Overlay Zone, Special Focus Areas Overlay Zone, Zoning Map 19 ORDINANCE - W/O GENERAL HOSPITAL Ordinance No. #### (2014 Series) GPI/ER 15-12 Airport Overlay Zone, Special Focus Areas Overlay Zone, Zoning Map 20 SECTION 6. Figure Numbers of Title 17 Amended. With the addition of Figure 13, Noise Contours, in Chapter 17.57 added herein, remaining subsequent Figures of Tile 17 of the City of San Luis Obispo Municipal Code shall be renumbered and referenced within text accordingly. SECTION 7. Zoning Map Amended. The City of San Luis Obispo Zoning map is hereby amended as shown in attached Exhibit A. SECTION 8. Severability. If any subdivision, paragraph, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the remaining portions of this ordinance, or any other provisions of the City’s rules and regulations. It is the City’s express intent that each remaining portion would have been adopted irrespective of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable. SECTION 9. 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_______ day of _____, 2014, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the______ day of______, 2014, on the following vote: AYES: NOES: ABSENT: RECUSED: Mayor Jan Marx Attest: _______________________ Anthony J. Mejia, MMC City Clerk ORDINANCE - W/O GENERAL HOSPITAL Ordinance No. #### (2014 Series) GPI/ER 15-12 Airport Overlay Zone, Special Focus Areas Overlay Zone, Zoning Map 21 Approved as to Form: _______________________ J. Christine Dietrick City Attorney ORDINANCE - W/O GENERAL HOSPITAL Service Commercial CAL L E J O A Q U I N Proposed Land Use 0 0.20.1 Miles Existing Land Use GP: Service & Manufacturing to Tourist Commercial Zoning: Service Commercial (C-S) to Tourist Commercial (C-T-SF)CAL L E J O A Q U I N µ Calle Joaquin Ex h i b i t A office low dens res high dens res high dens res genl retail nbhd coml com coml open space high dens res office public BR O A D FOOTHILL MURRAY CH O R R O MEINECKE BOY S E N SA N T A R O S A N C H O R R O N BE N T O N S A N T A R O S A ROUGEOT RAMONA Proposed Land Use 0 0.2 0.40.1 Miles Existing Land Use GP: Neighborhood Commercial to Community Commercial Zoning: Neighborhood- Commercial (C-N-SF) toCommunity Commercial (C-C-SF) BR O A D FOOTHILL MURRAY CH O R R O MEINECKE BOY S E N SAN T A R O S A N C H O R R O N BE N T O N S A N T A R O S A ROUGEOT RAMONA µ Foothill Blvd/Santa Rosa Area Ex h i b i t A open space low dens res tourist int op sp int op sp serv man public med dens res LOS P A L O S HIG U E R A S CAL L E J O A Q U I N LOS V E R D E S VIST A LI N D A MA R I P O S A PER L A E L M I R A D O R CO N T E N T A Proposed Land Use 0 0.2 0.40.1 Miles Existing Land Use GP: Interim Open Space to Low Density Residential Zoning: Conservation/Open Space (C/OS-10) to Low Density Residential (R-1-SF) GP: Interim Open Space to Medium Density Residential Zoning: Zoning: Conservation/Open Space (C/OS-20) to Medium Density Residential (R-2-SF) L O S O S O S V A L L E Y LOS PALOS HIG U E R A S LOS V E R D E S CAL L E J O A Q U I N EN C A N T O µ LOVR Creekside Area Ex h i b i t A Public Facility V I C E N T E GARCI A H U A S N A LI M A P E R E I R A L O S O S O S V A L L E Y SOLA FROOM R A N C H CAYUC O S PICO L O S O S O S V A L L E Y Proposed Land Use 0 0.20.1 Miles Existing Land Use GP: Public to Park Zoning: Public Facility (PF-SF) GP: Public Zoning: Public Facility (PF-SF) to Commercial Retail (C-R-SF) GARCI A V I C E N T E H U A S N A P E R E I R A L O S O S O S V A L L E Y PICO SOLA LIMA CAYUC O S L O S O S O S V A L L E Y µ Pacific Beach Ex h i b i t A serv man int op sp office office EL K S PRAD O HIG U E R A S H I G U E R A S Proposed Land Use 0 0.2 0.40.1 Miles Existing Land Use GP: Interim Open Space to Community Commercial Zoning: Conservation/Open Space (C/OS-10) to Community Commercial (C-C-SF) GP: Service Manufacturing to Office Zoning: Commercial Service (C-S) to Office (O-SF) EL K S PRAD O HI G U E R A S H I G U E R A S µ Sunset/ Prado Area Ex h i b i t A com coml businesspark B R O A D TANK FAR M Proposed Land Use 0 0.1 0.20.05 Miles Existing Land Use GP: Business Park to Community Commercial Zoning: Business Park (BP) toCommunity Commercial (C-C-SF) B R O A D TANK FAR M µ Tank Farm/ Broad Street Area Ex h i b i t A Low Density Residential BISHOP ELLA BI N N S SI E R R A F L O R E N C E H E L E N A GEORG E BU S H N E L L R U T H A U G U S T A IRIS RACHEL FLETCHER PAULINE KRISTY H E N R Y KENDRA TRE V O R SYLVIA BO U L E V A R D D E L C A M P O LE O N A Proposed Land Use 0 0.40.2 Miles Existing Land Use GP: Open Space Zoning: Low-density Residential (R1) to Conservation/Open Space (C/OS-40) BISHOP ELLA BI N N S SI E R R A FLORENCE H E L E N A BU S H N E L L GEORG E RACHEL A U G U S T A H E N R Y FLETCHER LE O N A R U T H PAULINE KRISTY KENDRA BO U L E V A R D D E L C A M P O TRE V O R SYLVIA µ Terrace Hill Ex h i b i t A ORDINANCE NO. #### (2014 Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING ZONING DESIGNATIONS FOR THE GENERAL HOSPITAL SITE SPECIAL PLANNING AREA (GPI/ER 15-12) WHEREAS, the City desires to update its General Plan Land Use and Circulation Elements (LUCE) with policies to guide development based on logical infill development patterns that discourage urban sprawl and provide for safe, high quality residential neighborhoods and supportive amenities and services; and WHEREAS, the policies and programs proposed in the LUCE Update reflect the sentiment of the community as a whole. Since the LUCE Update process was initiated in January 2012, there have been 34 LUCE Task Force (TF-LUCE) meetings; 8 Planning Commission hearings and 11 City Council hearings held to refine the LUCE project description and ensure that its policies and programs reflect the goals and desires of the community. These efforts were informed by input from a community- wide survey and public workshops held during this time; and WHEREAS, the Planning Commission of the City of San Luis Obispo conducted public hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on December 12th and 16th, 2013, for the purpose of reviewing recommendations of the Task Force for the Land Use and Circulation Elements Update (TF-LUCE) and recommending a set of policy changes for the Land Use and Circulation Elements (LUCE) to be studied through the environmental review process; and WHEREAS, the City Council of the City of San Luis Obispo reviewed the recommendations of the Planning Commission at public hearings conducted January 14th and 28th, 2014 in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, for the purpose of initiating the LUCE update project description to be considered through the Environmental Impact Report (EIR); and WHEREAS, the Draft EIR was released on June 13, 2014 with a 45 day comment period that closed on July 28, 2014, the Final EIR was issued on September 3, 2014, was recommended for certification by the Planning Commission on September 10, 2014, and was certified by the City Council of the City of San Luis Obispo on September 16, 2014; and, WHEREAS, the Planning Commission of the City of San Luis Obispo conducted public hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on September 10th, 11th, 17th, & 18th 2014, for the purpose of considering General Plan Amendments proposed as part of the Land Use and Circulation Element Update project including General Plan Land Use Element diagram and Zoning map changes; and, GENERAL HOSPITAL ORDINANCE Ordinance No. #### (2014 Series) GPI/ER 15-12 General Hospital Special Planning Area Rezone 2 WHEREAS, the City Council of The City of San Luis Obispo, conducted public hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California on September 16, 2014; and adopted resolutions certifying the programmatic EIR, approving the land use designations and policies for Bishop Knoll and General Hospital Special focus areas, and closing out the Sustainable Communities Grant; and, WHEREAS, the City Council of The City of San Luis Obispo, conducted public hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California on September 30, 2014, and reviewed and provided direction on the draft Airport Overlay Zone (AOZ), draft Special Focus Overlay Zone, remaining Chapter 8 focus areas and Chapter 11 of the Circulation Element; and, WHEREAS, the City Council of The City of San Luis Obispo, conducted public hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California on October 7, 2014, and reviewed and provided direction on draft Land Use Element and, reviewed and provided direction on Circulation Element; and, WHEREAS, the City Council of The City of San Luis Obispo, conducted public hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California on October 21, 2014, for the purpose of final adoption of the Land Use and Circulation Element update project (LUCE). BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination. The Draft EIR for the Land Use and Circulation Element Update was released on June 13, 2014 with a 45-day comment period that closed on July 29, 2014 and the Final EIR was issued on September 3, 2014. For each identified potentially significant effect under the categories of Agricultural Resources, Cultural Resources, and Public Services, mitigation measures were included and incorporated into the LUCE Update project to reduce the identified potentially significant adverse impacts to less than significant levels. The significant effects identified in the Air Quality, Traffic and Circulation, and Noise sections of the EIR will not be fully mitigated to a degree of insignificance with the incorporation of all the identified mitigation measures included in the EIR. On September 10, 2014, the Planning Commission reviewed and recommended Council adoption of a Statement of Overriding Considerations that the project benefits warrant project approval despite the identified adverse environmental impacts. On September 16, 2014, the City Council held a duly noticed public hearing and duly considered all evidence, including the testimony of interested parties, and the evaluation and recommendations by the TF- LUCE, Planning Commission, and staff presented at said hearing, and certified the Final EIR pursuant to the required findings, including a Statement of Overriding Considerations. Pursuant to Section 15162 of the State CEQA Guidelines, no subsequent or supplemental EIR shall be required unless: (a) Project changes require GENERAL HOSPITAL ORDINANCE Ordinance No. #### (2014 Series) GPI/ER 15-12 General Hospital Special Planning Area Rezone 3 major revisions of the EIR; (b) Changed circumstances have occurred that require major revisions of the EIR; or (c) New information becomes available that was not known and could not have been known at the time the EIR was certified. The minor LUCE Update policy amendments that have occurred since certification of the Final EIR do not trigger any of these requirements for supplemental review under CEQA and in fact most have the effect of reducing project impacts. SECTION 2. Findings. Based upon all the evidence, the Council makes the following findings: 1. Proposed amendments to Land Use Element designation and Zoning map changes associated with the General Hospital update to the Land Use and Circulation Element project support development and redevelopment of the site that will accommodate the community’s future growth. 2. Recommended amendment to Land Use Element designation and Zoning map associated with the update to the Land Use and Circulation Element project correspond to policy direction for the General Hospital site area which has special considerations. 3. Proposed amendments to Zoning map associated with the update to the Land Use and Circulation Element project presents opportunities in the community to develop customized land use and circulation approaches or special design implementation to enhance their appearance and achieve their respective development potential in a manner that is consistent with community goals, objectives, and policies. 4. Zoning Map amendments are consistent with Council’s previous action to approve the General Hospital Site Special Planning Area on September 16, 2014. SECTION 3. Zoning Map Amended. The City of San Luis Obispo Zoning map is hereby amended for the General Hospital Special Planning Area as shown in attached Exhibit A. SECTION 4. Severability. If any subdivision, paragraph, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the remaining portions of this ordinance, or any other provisions of the City’s rules and regulations. It is the City’s express intent that each remaining portion would have been adopted irrespective of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable. GENERAL HOSPITAL ORDINANCE Ordinance No. #### (2014 Series) GPI/ER 15-12 General Hospital Special Planning Area Rezone 4 SECTION 9. 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_______ day of _____, 2014, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the______ day of______, 2014, on the following vote: AYES: NOES: ABSENT: RECUSED: Mayor Jan Marx Attest: _______________________ Anthony J. Mejia, MMC City Clerk Approved as to Form: _______________________ J. Christine Dietrick City Attorney GENERAL HOSPITAL ORDINANCE public office med dens res low dens res J O H N S O N F L O R A BISHO P LIZZIE FI X L I N I SYDNE Y A U G U S T A SI E R R A W I L D I N G ELLA P A R K L A N D S U N S E T SMITH S K Y L A R K CECEL I A WOODLA N D IRIS VIEWM O N T RICH E L C E R R I T O CORON A Proposed Land Use 0 0.3 0.60.15 Miles Existing Land Use GP: Low Density Res to Public Facility Zoning: Low-density Residential (R-1) to Public Facility (PF-SF) GP: Low Density Res to Med Density Res Zoning: Low-density Residential (R-1) toMed Density Res (R-2-SF) J O H N S O N F L O R A BISHO P LIZZIE FIXLINI SYDNE Y A U G U S T A SI E R R A SMITH CECEL I A RICH E L C E R R I T O µ General Hospital Exhibit A