HomeMy WebLinkAbout10-03-2017 Item 08 - Avila Ranch - Rezone Ordinance (2nd Reading)
Meeting Date: 10/3/2017
FROM: Michael Codron, Community Development Director
Prepared By: Tyler Corey, Principal Planner
SUBJECT: ADOPTION OF AN ORDINANCE REZONING PROPERTY AT 175
VENTURE DRIVE FROM BUSINESS PARK/SPECIFIC PLAN AREA (BP-SP)
AND CONSERVATION/OPEN SPACE/SPECIFIC PLAN AREA (C/OS/SP) TO
BE CONSISTENT WITH THE AVILA RANCH DEVELOPMENT PLAN AND
WITH THE GENERAL PLAN AND AIRPORT AREA SPECIFIC PLAN AS
AMENDED.
RECOMMENDATION
Adopt Ordinance No. 1638 (2017 Series) rezoning property at 175 Venture Drive.
DISCUSSION
On September 19, 2017, the City Council voted 5-0 to introduce Ordinance No. 1638, rezoning
property at 175 Venture Drive from Business Park/Specific Plan (BP-SP) and
Conservation/Open Space/Specific Plan Area (C/OS/SP) to be consistent with the Avila ranch
Development Plan and with the General Plan and Airport Area Specific Plan as amended, to
enable the development of 720 residential units and 15,000 square feet of neighborhood
commercial on a 150-acre site north of Buckley Road, which would also include 18 acres of
parks and 53 acres of designated open space within the project boundaries. Ordinance No. 1638
is now ready for adoption. The Zoning Map change will become effective 30 days after its
adoption.
ENVIRONMENTAL REVIEW
On September 19, 2017, the City Council adopted Resolution No. 1832 (2017 Series) certifying
the Final Environmental Impact Report for the Avila Ranch project and adopting CEQA findings
and a statement of overriding considerations and a mitigation and monitoring plan.
FISCAL IMPACT
A fiscal impact analysis for the Avila Ranch project was prepared by Applied Development
Economics. This is the same firm that prepared the fiscal and economic analysis for the General
Plan update in 2014. In summary, the analysis shows that the project at full buildout will
generate about $850,600 per year in general fund revenues and $1.3 million per year in
municipal service costs. The average annual cost revenue deficit is $494,887. This analysis also
includes Local Revenue Measure revenues for sales tax. The numbers are based on the current
cost estimates and tax sharing agreement with the County and can be positively impacted based
on the outcome of the ongoing negotiations with the County. The Community Facilities District
(CFD) for the project is proposed to be structured to ensure that at a minimum the City’s cost are
offset by contributions from the CFD.
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ALTERNATIVES
1. Continue consideration of the rezone. The City Council may continue its review of the
rezone to a date certain if additional time or information is needed to make a decision. If
additional information is needed, direction should be provided to staff so that it can be
presented on that date.
2. Deny the rezone. The City Council may deny the rezone, based on findings that the zoning
designation change is not consistent with the General Plan or other policy document. This
action is not recommended because the rezone is necessary for consistency with the Avila
Ranch Development Plan and with the General Plan and Airport Area Specific Plan as
amended.
Attachments:
a - Map Ordinance
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O 1638
ORDINANCE NO. 1638 (2017 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, REZONING PROPERTY AT 175 VENTURE
DRIVE FROM BUSINESS PARK/SPECIFIC PLAN AREA (BP-SP) AND
CONSERVATION/OPEN SPACE/SPECIFIC PLAN AREA (C/OS-SP) TO
BE CONSISTENT WITH THE AVILA RANCH DEVELOPMENT PLAN
AND WITH THE GENERAL PLAN AND AIRPORT AREA SPECIFIC
PLAN AS AMENDED, COLLECTIVELY KNOWN AS THE “AVILA
RANCH” AREA, IDENTIFIED IN THE GENERAL PLAN AS SPECIAL
FOCUS AREA 4 (“SP-4”)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
August 9, 2017, and recommended approval of the amendment to the City’s Zoning Map consistent
with the Avila Ranch Development Plan (Exhibit 1, attached) as part of the entitlement process for
the Avila Ranch project (GENP 1319-2015; SPEC/ER-1318-2015; SBDV 2042 2015; OTHR-
0455-2017; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in
the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on September 19,
2017, for the purpose of approving the Rezone; and
WHEREAS, the City Council finds that the proposed revision is co nsistent with the
General Plan and Airport Area Specific Plan as amended (related to the Avila Ranch project), the
purposes of the Zoning Regulations, and other applicable City ordinances; and
WHEREAS, the City Council certified an Environmental Impact Report for the project
(SCH #2015081034) that addressed impacts related to the Rezone at its public hearing of
September 19, 2017; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the City Council has duly considered all evidence, including the testimony of
the applicant, interested parties, and the evaluation and recommendations by staff, presented at
said hearing.
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of San Luis
Obispo as follows:
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Ordinance No. 1638 (2017 Series) Page 2
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SECTION 1. Environmental Determination. The City Council hereby finds that this
action has been environmentally reviewed pursuant to the provisions of the California
Environmental Quality Act (Public Resources Code Sections 21000, et seq. (“CEQA”), the State
CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.) and the
City’s local standards. The City prepared an Initial Study and, based on information contained in
the initial study, concluded that there was substantial evidence that the Project might have a
significant environmental impact on certain resources. Pursuant to CEQA Guidelines Section
15064 and 15081, and based upon the information contained in the Initial Study, the City ordered
the preparation of an Environmental Impact Report (“EIR”) for the Project to analyze potential
impacts on the environment. The City Council certified the EIR on September 19, 2017, pursuant
to Resolution No. 10832 (2017 Series) made certain CEQA findings and determinations and
adopted a Statement of Overriding Considerations and Mitigation and Monitoring Program .
Resolution No. 10832 (2017 Series) is incorporated herein by this reference, and made a part
hereof as if fully set forth herein.
SECTION 2. Findings. Based upon all evidence, the City Council makes the following
findings:
1. The Rezone allows the implementation of the Avila Ranch Development Plan by
rezoning the site to be consistent with the General Plan and Airport Area Specific Plan as
amended, and the Avila Ranch Development Plan.
2. The proposed Rezone is consistent with General Plan Land Use Element policies
and map as amended related to Avila Ranch, including the land uses and development
pattern envisioned for the area for following reasons: 1) The proposed Rezone would
facilitate the General Plan Land Use map as amended; 2) The Airport Area Specific Plan
land use map was amended to reflect the General Plan development parameters and map
for the area.
3. A certified Final EIR for the project considered and provided appropriate mitigation
measures for the project as envisioned that is consistent with the Rezone.
4. The proposed Rezone will not create non-conforming uses at the site because the
site is currently undeveloped.
SECTION 3. Action. The City Council of San Luis Obispo hereby approves the Rezone
as shown in attached “Exhibit 1”, which is consistent with the land use designations included in
the Airport Area Specific Plan as amended, to facilitate future development consistent with the
Avila Ranch Development Plan and related Vesting Tentative Tract Map as conditioned, with
said conditions described fully in City Council Resolution No. 10832 (2017 Series).
SECTION 4. Severability. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of
any competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council hereby declares that it would have passed this Ordinance,
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Ordinance No. 1638 (2017 Series) Page 3
O 1638
and each and every section, subsection, sentence, clause, or phrase not declared invalid or
unconstitutional without regard to whether any portion of the Ordinance would be subsequently
declared invalid or unconstitutional.
SECTION 5. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final passage,
in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into
effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the ____ day of ____________, 2017, AND FINALLY ADOPTED
by the Council of the City of San Luis Obispo on the _______ day of __________, 2017, on the
following vote:
AYES:
NOES:
ABSENT:
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Carrie Gallagher
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ______ day of ______________, _________.
______________________________
Carrie Gallagher
City Clerk
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Ordinance No. 1638 (2017 Series) Page 4
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Exhibit 1. Avila Ranch Area Zoning Map
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THENewspaper of the Central Coast
MBUNE
ILM M_
u1?
SLO CITY CLERK
3825 South Higuera • Post Office Box 112 • San Luis Obispo, California 93406-0112 • (805) 781-7800
In The Superior Court of The State of California
In and for the County of San Luis Obispo
ORDINANCE NO. 1838 (2017 SERIES)
AN ORDINANCE OF THE CITY COUNCIL
AD #3297175
OF THE CITY OF SAN LUIS OBISPO,
CALIFORNIA, REZONING PROPERTY
CITY OF SAN LUIS OBISPO
AT 175 VENTURE DRIVE FROM SuSi.
OFFICE OF THE CITY CLERK
NESS PARK/SPECIFIC PLAN AREA
(BP -SP) AND CONSERVATION/ OPEN
SPACE/ SPECIFIC PLAN AREA (CIOS-
SP) TO BE CONSISTENT WITH THE
AVILA RANCH DEVELOPMENT PLAN
STATE OF CALIFORNIA
AND WITH THE GENERAL PLAN AND
AIRPORT AREA SPECIFIC PLAN AS
ss.
AMENDER, COLLECTIVELY KNOWN
County of San Luis Obispo
AS THE "AVILA RANCH" AREA, IDENTI-
FIED IN THE GENERAL PLAN AS SPE-
CIAL FOCUS AREA 4 ("SP -4")
I am a citizen of the United States and a resident of the
NOTICE IS HEREBY GIVEN That the City
County aforesaid; I am over the age of eighteen and not
g g
Council of the City of San Luis OC[spn, Csi
Ifomla, at Its Regular Meeting of Septam•
interested in the above entitled matter; I am now, and at
bet 19, 2017, introduced the above titled or -
all times embraced in the publication herein mentioned
p
upon a motion by Council Member
Gomez,
Gomex, second by Council Member Christi -
was, the principal clerk of the printers and publishers of
anson, and on the following roll call vote:
THE TRIBUNE, a newspaper of general Circulation,
AYES: Council Member Carlyn Christian -
printed and published daily at the City of San Luis
son, Aaron Gomez, Andy Pease, Vice Mrzy-
or Dan Rivoire, and Mayor Heidi Harmon
Obispo in the above named county and state; that notice
at which the annexed clippings is a true copy, was
NOES: None
published in the above-named newspaper and not in any
rd'8RMIa shis
Is cllOrdinanceieaprop
supplement thereof — on the following dates to wit;
at 175 Venture Drive from Business Park/
SEPTEMBER 23, 2017 that said newspaper was duly
Specific Plan (BP -SP) and Conservation/
Open SpaoelSpacific Plan Area (C/OS/SP)
and regularly ascertained and established a newspaper of
to be consistent with the Avila ranch Dow-
general circulation by Decree entered in the Superior
opmant Plan and with the General Plan
and Airport Area Specific: Plan as amand-
Court of San Luis Obispo County, State of California, on
Ed to enable the development of 720 resf•
denlfal units and 15,000 square feet of
June 9, 1952, Case #19139 under the Government Code
nelghborho4d commercial on a 150 -acre
Of the State Of California.
Site north of Buckley Road, which would al -
ec Include 18 acres of parks and 53 acres
of designated open space wllhln the proj-
I certify (or declare) under the penalty of perjury that the
ect bcundariea..
foregoing 1S true and correct.
A full and complete copy of the aforemen-
tioned Ordinance Is available for Inspection
y
/a,q yj�rfJ(A ,
and copy In the City Clerk's Office, located
at 990 Palm Street, San Luis Obispo, Cali -
(/(i
forma, or you may call (805) 781-7100 for
(Sign re of Principal Clerk)
more Information.
DATE: SEPTEMBER 23, 2017
NOTICE IS HEREBY FURTHER GIVEN
AD COST: $190.24
that the City Council of the City of San
Luis Obispo will consider adopting the
aforementioned Ordinance at its Regular
Meeting of October 3, 2017, at 6:00 p.m.,
which will be held in the Council Chamber.
located at 990 Palm Street, San Luis Obi-
spo, California.
Cards Gallagher
City Clerk
Se0embOr23,2017 3297175