HomeMy WebLinkAboutO-1638 - REZONING PROPERTY AT 175 VENTURE DRIVE - Avila Ranch MapORDINANCE 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 consistent 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
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 1.9, 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. Findiii. . 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 I", 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. Sevembilit If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any
competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each
and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional
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Ordinance No. 1638 (2017 Series)
Page 3
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 19th day of September, 2017, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 3rd day of October, 2017, on the following vote:
AYES: Council Members Christianson, Gomez and Pease
Vice Mayor Rivoire and Mayor Harmon
NOES: None
ABSENT: None
ATTEST:
Carrie Gallagher
City Clerk
APPROVED AS TO FORM:
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, thisday of Q
V &44
Carrie Gallagher
City Clerk
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Ordinance No. 1638 (2017 Series)
Exhibit 1. Avila Ranch Area Zoning Map
Map Legend Commercial Land Residential Land
Zoning Designations Neighborhood Low -Density Residential (R -1 -SP)
Green Space Commercial (CN -SP)
Conservation / Open Space (C/OS-SP)
_ Public Facility (PF -SP)
Medium -Density Residential (R -2 -SP)
_ Medium -High Density Residential (R -3 -SP)
High -Density Residential (R -4 -SP)
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