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
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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
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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.
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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:
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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
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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:
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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
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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
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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
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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.
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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
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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
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Zoning: Conservation/Open Space (C/OS-10) to Low Density Residential (R-1-SF)
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Zoning: Zoning: Conservation/Open Space (C/OS-20) to Medium Density Residential (R-2-SF)
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Zoning: Business Park (BP) toCommunity Commercial (C-C-SF)
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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
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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)
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General Hospital Exhibit A