HomeMy WebLinkAbout03-05-2019 Item 05 - Ordinance Adoption - 650 Tank Farm Rd Department Name: Community Development
Cost Center: 4003
For Agenda of: March 5, 2019
Placement: Consent
Estimated Time: N/A
FROM: Michael Codron, Community Development Director
Prepared By: Rob Mullane, AICP, Contract Planner
Rachel Cohen, Associate Planner
SUBJECT: ADOPTION OF ORDINANCE REZONING PROPERTY AT 650 TANK FARM
ROAD FROM BUSINESS PARK (BP-SP) AND MEDIUM-DENSITY
RESIDENTIAL (R-2-SP) TO SERVICE COMMERCI AL (C-S-SP) AND
MAKING ASSOCIATED AMENDMENTS TO THEAIRPORT AREA
SPECIFIC PLAN TO BE CONSISTENT WITH THE 650 TANK FARM
MIXED-USE PROJECT CONCEPTUAL DEVELOPMENT PLAN AND WITH
THE GENERAL PLAN AS AMENDED
RECOMMENDATION
Adopt Ordinance 1658 (2019 Series) (Attachment A) rezoning property at 650 Tank Farm Road.
SITE DATA
Applicant Agera Grove Investments, LLC.
Representative Pam Ricci, RRM Design Group
Zoning R-2-SP, BP-SP, and C/OS-SP
General Plan Low Density Residential, Business
Park, and Open Space
Site Area 12.75 acres
Environmental
Status
Initial Study / Mitigated Negative
Declaration Adopted February 5,
2019
DISCUSSION
On February 5, 2019, the City Council voted 5:0 to introduce Ordinance 1658 (2019 Series) to
rezone the property at 650 Tank Farm Road from Business Park (BP -SP) and Medium-Density
Residential (R-2-SP) to Service Commercial to be consistent with the 650 Tank Farm Road
Mixed-Use Conceptual Plan and with the General Plan and Airport Area Specific Plan as
amended, to enable the development of 249 residential units and 17,500 square feet of
commercial space on a 12.75-acre site north of the intersection of Tank Farm Road and Santa Fe
Road. Ordinance No. 1658 is now ready for adoption. The Zoning Map change will become
effective 30 days after its adoption.
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Item 5
Previous Advisory Body Action
• February 5, 2019: The City Council reviewed and approved an amendment to the City’s
General Plan and Airport Area Specific Plan, a rezone of the property from Business Park
(BP-SP) and Medium Density Residential (R-2-SP) to Service Commercial with the
Specific Plan overlay (C-S-SP) and a Mobile Home Park Conversion Impact report. The
Council also adopted the Final IS-MND for the project.
• December 12, 2018: The Planning Commission reviewed the project requests. The
Planning Commission was generally supportive of the proposed project and
recommended on a 7-0 vote that the City Council approve the general plan amendment,
the specific plan amendments, and the CIR, but, as noted above, recommended that the
use permit return to the Planning Commission to be reviewed concurrently with the
associated design review.
• November 16, 2018: The Airport Land Use Commission (ALUC) determined the
proposed amendments to be consistent with the Airport Land Use Plan (ALUP) under the
authority of ALUP Section 2.7. This section of the ALUP allows for flexibility in th e
application of ALUP policies under unique circumstances for small-scale individual
projects.
Policy Context
As discussed in the Council Agenda Report dated February 5, 2019, the project is consistent with
policies outlined in the Land Use Element, Housing Element, Circulation Element and support
the Major City Goal of Housing.
Public Engagement
Consistent with the City’s Public Engagement and Noticing (PEN) Manual, the project was
noticed per the City’s notification requirements for Development Project s. A legal advertisement
was posted in the New Times 13 days prior to the City Council meeting. Additionally, postcards
were sent to both tenants and owners of properties located within 300 feet of the project site 10
days before the City Council meeting. Public comment on the project and the associated
environmental document was provided to the advisory bodies through written correspondence
and through public testimony at the hearing.
CONCURRENCE
Staff comments provided during review of the proposed project are incorporated into the staff
report and conditions of approval. Additional comments will be provided in the staff report for
the use permit and architectural review regarding public improvement requirements, utility
connections, and other site features once those subsequent applications are received and ready
for consideration.
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Item 5
ENVIRONMENTAL REVIEW
On February 5, 2019, the City Council adopted Resolution No. 10980 (2019 Series) adopting the
Final Initial Study/Mitigated Negative Declaration for the 650 Tank Farm Road Mixed-Use
Project and adopting CEQA findings including a mitigation and monitoring plan. A Notice of
Determination was filed with the San Luis Obispo Clerk Recorder’s Office on February 6, 2019.
FISCAL IMPACT
Budgeted: N/A Budget Year: 2018-19
Funding Identified: N/A
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund N/A
State
Federal
Fees
Other:
Total
ALTERNATIVES
1. Modify the Proposed Ordinance. The City Council may make minor, non-substantive
changes to the proposed Ordinance for the staff to incorporate in the final documents . Any
material changed to the Final Ordinance would require further review by staff and the
Planning Commission followed by re-introduction of the Ordinance by the Council.
Attachments:
a - Draft Ordinance
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Item 5
O 1658
ORDINANCE NO. 1658 (2019 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
LUIS OBISPO, CALIFORNIA, REZONING PROPERTY AT 650
TANK FARM ROAD FROM BUSINESS PARK (BP-SP) AND
MEDIUM-DENSITY RESIDENTIAL (R-2-SP) TO SERVICE
COMMERCIAL (C-S-SP) AND MAKING ASSOCIATED
AMENDMENTS TO THE AIRPORT AREA SPECIFIC PLAN TO
BE CONSISTENT WITH THE 650 TANK FARM MIXED-USE
PROJECT CONCEPTUAL DEVELOPMENT PLAN AND WITH
THE GENERAL PLAN AS AMENDED
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 December 12, 2018, and recommended amendments to the Airport Area
Specific Plan (AASP) including a revision to the City’s Zoning Map and associated text
amendments (Exhibits 1 and 2, attached) consistent with the 650 Tank Farm Mixed-Use
Project as part of the entitlement process for the project (GENP-1065-2017 and SPEC-
0398-2017); 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 February 5, 201 9 , for the purpose of approving the rezone and text
amendments to the AASP ; and
WHEREA S, the City Council finds that the proposed amendments are consistent
with the General Plan as amended (related to the 650 Tank Farm Mixed-Use project), the
purposes of the Zoning Regulations, and other applicable City ordinances; and
WHEREAS, the City Council adopted an Initial Study/Mitigated Negative
Declaration for the project (SCH #2018111054) that addressed impacts related to the
AASP amendments including the rezone at its public hearing of February 5, 2019; 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:
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”),
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Item 5
Ordinance No. 1658 (2019 Series) Page 2
O 1658
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/Mitigated
Negative Declaration and, based on information contained in the initial study, concluded
that there was not substantial evidence, in light of the whole record, that the project as
mitigated would have a significant impact on the environment. The City adopted the Initial
Study-Mitigated Negative Declaration on February 5, 2019, pursuant to Resolution No.
10980 (2019 Series), made certain CEQA findings, and adopted a Mitigation and
Monitoring Program. A Notice of Determination was filed with the San Luis Obispo
County Clerk Recorder’s Office on February 6, 2019.
SECTION 2. Findings. Based upon all evidence, the City Council makes the
following findings:
a) The rezone and associated text amendments to the AASP allow the implementation
of the 650 Tank Farm Mixed-Use Project by rezoning the site to be consistent with
the General Plan as amended.
b) The rezone and associated text amendments are consistent with General Plan Land
Use Element policies and map as amended related to 650 Tank Farm Road Project,
including the land uses and conceptual development envisioned for the area for
following reasons : 1) The rezone and text amendments would facilitate the General
Plan Land Use map as amended and reflect General Plan development parameters
for the area; and 2) the rezone and text amendments would facilitate appropriate
infill development and construction of additional housing including affordable
housing to meet City housing goals and better balance jobs and housing
opportunities.
c) An adopted Initial Study/Mitigated Negative Declaration for the project considered
and provided appropriate mitigation measures for the project as envisioned that are
consistent with the rezone and text amendments.
d) The rezone and text amendments will not create non-conforming uses at the site
because any existing uses that remain on site would be allowed under the new
zoning.
SECTION 3 . Action. The City Council of San Luis Obispo hereby 1) approves
the rezone and land use map amendment as shown in attached “Exhibit 1,” which is
consistent with the land use designations included in the General Plan as amended, and 2)
approves amendments of the text of the Airport Area Specific Plan attached hereto marked
“Exhibit 2” and included herein by reference to be modified as follows: a) to update the
build-out statistics in Table 4.1, b) to include a discussion of the commercial and residential
mixed-use redevelopment at the 650 Tank Farm Road site in the narrative of Sub-Section
4.2.2 Service Commercial, and c) to delete the discussion related to the mobile home park
in the narrative of Sub-Section 4.2.6 Medium Density Residential.
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Item 5
Ordinance No. 1658 (2019 Series) Page 3
O 1658
SECTION 4 . Severabilit y. 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 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 5th day of February, 2019 , AND FINALLY ADOPTED
by the Council of the City of San Luis Obispo on ____ day of _____________, 2019,
on the following vote:
AYES:
NOES:
ABSENT:
______________________________
Mayor Heidi Harmon
ATTEST:
Teresa Purrington
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 _________________,
2019.
Teresa Purrington
City Clerk
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Item 5
Ordinance No. 1658 (2019 Series) Page 4
O 1658
Exhibit 1. Amended Land Use Map and Rezoning Map
The portion of Figure 4-1 (Land Use Designations) in the Airport Area Specific Plan that
shows the 650 Tank Farm Road project area is amended as follows.
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Ordinance No. 1658 (2019 Series) Page 5
O 1658
The portion of Figure 4-4 (Zoning Designations) in the Airport Area Specific Plan that
shows the 650 Tank Farm Road project area is amended as follows.
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Ordinance No. 1658 (2019 Series) Page 6
O 1658
Exhibit 2. 650 Tank Farm Road Text Amendment s to the Airport Area Specific Plan
Table 4.1
San Luis Obispo Airport Area Specific Plan
Land Use Program and Development Capacities
Residential Land Use
Designations
Acres Units
Per
Acre
Estimated
Dwelling
Units
Undeveloped Land1
Low Density 12.8 7.9 101
Medium Density 27.320.5 10.9 297223
Medium-High/High
Density
15.2 21.2 322
Subtotal 55.3 720
Developed Land
(Existing Mobile
Homes)
6.7 4.8 32
Total Residential Property 62.055.2 752678
Non-Residential
Land Use
Designations
Acres Floor
Area
Ratio
(F.A.R.
)
Estimated
Building
Square Feet Undeveloped Land
Neighborhood
Commercial
8.4 0.31 115,000
Business Park 129.8126
.6
0.20 1,110,4831,102
,939 Service Commercial 144.9155
.0
0.24 1,545,3741,620
,432 Manufacturing 101.3 0.17 747,642
Subtotal 384.4 3,518,4993,586
,013 Developed Land 145.2 0.28 1,786,745
Total Non-Residential
Property
529.6 5,305,2445,372
,758 Other Land Use
Designations
Acres
Agriculture 76.1
Conservation/Open
Space/Parks
294.9
Government 292.5
Total Other Property 663.5
Total AASP Acreage2 1,255.1
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Ordinance No. 1658 (2019 Series) Page 7
O 1658
1 The total potential square footage (and associated acreage)
includes future development on properties currently under pre-
annexation agreements and properties outside of the City’s
jurisdiction with alternative fee programs. Since these properties
may not be required to pay their fair share of infrastructure costs,
the difference will need to be funded by other funding sources (e.g.,
grants, additional City contributions, etc.).
2 Excludes acreage associated with roads, setbacks, creeks, and
other features.
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Item 5
O 1658
4.2.2 Service Commercial
Areas designated Service Commercial are generally for storage, transportation, and
wholesaling type uses, as well as certain retail sales and business services that may be less
appropriate in other commercial designations. Refer to Table 4.3 for specific uses permitted
on land designated Service Commercial.
The redevelopment of the site of the Hidden Hills Mobilodge Mobile Home Park and
recreational vehicle storage at 650 Tank Farm Road shall be limited to a commercial and
residential mixed-use development with a predominantly residential component.
4.2.6 Medium Density Residential (R-2)
The Medium-Density Residential designation is for the mobile home park that was
established before preparation of this specific plan, and the new housing in Avila Ranch.
Development of R-2 units in the Avila Ranch area will be primarily 4-pack, 6-pack and
cluster units that will create small lot detached single family units. Total R-2 development
in the Avila Ranch area is projected to be approximately 300 to 310 dwelling units on 34
acres, with maximum potential development of 12 units per net acre pursuant to SLO
Zoning Code Chapter 17.26. The R-2 units may be in several different configurations, and
development shall comply with the design standards in the Avila Ranch Development Plan.
The R-2 portions of the project will be oriented to provide small-lot housing with housing
sizes and corresponding initial sales prices aimed at those families with incomes equal to
120 percent to 160 percent of City Median Household income. See Policy 4.2.12.
The mobile home park may be retained as a conforming use, however, further development
of the site is not permitted by the Airport Land Use Plan. On-site buildings may be replaced
with similar residential development and the property can be subdivided to allow resident
ownership as long as residential density is not increased.
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CM
FEB 4:1 5 28-19
1010 Marsh St„ San Luis Obispo, CA 93401
(805) 546-8208 . FAX (805) 546-8641 ��� CITY CLERK
PROOF OF PUBLICATION
(20]5.5 C.C.P.)
STATE OF CALIFORNIA,
County of San Luis Obispo,
I am a citizen of the United States and a
resident of the county aforesaid; 1 am over the
age of eighteen years, and not a party interested
in the above entitled matter. I am the principal
clerk of the printer of the New Times, a
newspaper of general circulation, printed and
published weekly in the City of San Luis
Obispo, County of San Luis Obispo, and which
has been adjudged a newspaper of general
circulation by the Superior Court of the County
of San Luis Obispo, State of California, under
the date of February 5, 1993, Case number
CV72789: that notice of which the annexed
is a printed copy (set in type not smaller than
nonpareil), has been published in each regular
and entire issue of said newspaper and not in
any supplement thereof on the following dates,
to -wit:
Z `
in the year 2019.
1 certify (or declare) under the the penalty of
perjury that the foregoing is true and correct.
Dated at San Luis ObisM glifornia, this
day 2. [ of febrVAr4, 2019.
Patricia Horton, New Times Legals
Admin& Perann JhN1'M0Ad,.WN I'M(. 0A -i A3USINISS/P,.h1ic Nulic 11'n fur Pub
Proof of Publication of
I, 1
ORDINANCE No. 1650 (2018 Series]
AN ORDINANCE OFTHE CITY COUNCIL OFTHE CITY
OF SAN LUIS OBISPO. CALIFORNIA, REZONING
PROPERTY AT 850 TANK FARM ROAD FROM
BUSINESS PARK [EP -SP) AND MEDIUM -DENSITY
RESIDENTIAL 1R -2 -SP} TO SERVICE COMMERCIAL
IC -S -SP) AND MAKING ASSOCIATED AMENDMENTS
TO THE AIRPORT AREA SPECIFIC PLAN To BE
CONSISTENT WITH THE B50TANK FARM MIXED-USE
PROJECT CONCEPTUAL DEVELOPMENT PLAN AND
WITH THE GENERAL PLAN ASA MENDED
NOTICE IS HEREBY GIVEN that the City Council of
the. City of San Luis Obispo, California, at its Regular
Meeting of February 5, 2010, introduced the above
tilled ordinance. upon a motion by Council Member
Christlanson, second by Vice Mayor Pease, and on thH
following roll call vow
AYES: Council Members CarlynChristianson, Aaron
Gomez, Erica Stewart, Vice Mayor Andy
Pease. and Mayor Heidi Harmon
NOES: None
ABSENT None
Ordinance to rettane properly at 65D TanksFarm s a old
from Business Park and Madiumd]anaity ROSideA[Ial
to Service Commercial and making assofaated
amandmanla to the Alrport Area SpeciFic Plan to be
consistent with the 1350 Tank Farm rrlfxed-use projecl
conceptual devoiopMent pian and with the General
Plan and with the following modification to Mitigation
Measure N-1: -
- All exterior walls shall be constructed with a minimum
STC rating of 50.
A full and complete Copy of the oforementionem- 1
Ordinance is av4llaba to inspection and copy lh 1hp
City Clerk's Office, localed at 990 palm Street, San Luis
Obispo. Caiifornla, OF you may call (805) 181.710D fol
mora information.
NOTICE 1S HEREBY FURTHER GIVEN that the City
"euncil of the City of San Luis Oblapo wili consider
adopting the aforementioned Ordinance at its Regular
vteeting of March 5, 2019 at 8:00 p.m-, which vvill be
laid in the Council Chamber9S
, located at o Palm Street,
Ian Luis Obispo, Cal Ifomfa.
Teresa Purrington
City Clark
City of San Luis Obispo
February 21, 2418