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Home My WebLink About11-10-2014 C6 Ordinance Adoption - Amending Zoning Map for General Hospital Site Special Focus Area FROM: Derek Johnson, Community Development Director Prepared By: Brian Leveille, Associate Planner SUBJECT: ADOPTION OF AN ORDINANCE AMENDING THE ZONING MAP FOR THE GENERAL HOSPITAL SITE SPECIAL FOCUS AREA. RECOMMENDATION Adopt Ordinance No. 1609 (2014 Series) amending the Zoning designations for the General Hospital Site Special Focus Area (Attachment 1). DISCUSSION On October 21, 2014, the Council voted 3:1 to introduce Ordinance No. 1609 amending the Zoning designations for portions of the General Hospital site Special Focus Area from R-1 (Low Density Residential) to R-2 (Medium Density Residential) and PF (Public Facility) consistent with Special Planning Areas amendments identified in Chapter 8 of the Land Use and Circulation Element Update project, which were approved by the Council on September 16, 2014. The ordinance is now ready for adoption. The amendment will become effective 30 days after final passage of the Ordinance. ALTERNATIVES 1. The Council could reject adoption of the Zoning map amendment. This is not recommended because the Council previously took action to approve policy language for the General Hospital site Special Planning area, and voted to introduce the Ordinance amending the Zoning map. The amendments are necessary for consistency with the General Plan. 2. The Council could continue final adoption of the proposed amendments and provide direction to staff for research and revisions. ATTACHMENTS 1. Ordinance No. 1609 (2014 Series) T:\Council Agenda Reports\2014\2014-11-10 (Rescheduled Reg Mtg)\2nd Reading LUCE Ordinance (Johnson)\ECAR Second Reading, LUCE Zoning Amendments.docx 11/10/14 C6 C6 - 1 ORDINANCE NO. 1609 (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, Attachment 1 C6 - 2 Ordinance No. 1609 (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 Attachment 1 C6 - 3 Ordinance No. 1609 (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. Proposed amendments 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. Attachment 1 C6 - 4 Ordinance No. 1609 (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 21st day of October, 2014, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 10th day of November, 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 Attachment 1 C6 - 5 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 C6 - 6