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HomeMy WebLinkAboutItem 05 - Second Reading of Ordinance No. 1689 (Froom Ranch Specific Area, 12165 & 12393 LOVR) Department Name: Community Development Cost Center: 4003 For Agenda of: October 6, 2020 Placement: Consent Estimated Time: N/A FROM: Michael Codron, Community Development Director Prepared By: Shawna Scott, Senior Planner SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1689 (2020 SERIES) ESTABLISHING PREZONING AND AMENDMENT OF THE CITY’S ZONING MAP TO APPLY UPON ANNEXATION OF PROPERTIES WITHIN THE FROOM RANCH SPECIFIC PLAN AREA (12165 AND 12393 LOS OSOS VALLEY ROAD) CONSISTING OF THE FOLLOWING ZONING DESIGNATIONS: R-3-SP (MEDIUM-HIGH DENSITY RESIDENTIAL), R-4- SP (HIGH DENSITY RESIDENTIAL), C-R-SP (RETAIL COMMERCIAL), PF- SP (PUBLIC FACILITIES), AND C/OS-SP (CONSERVATION OPEN SPACE) RECOMMENDATION Adopt Ordinance No. 1689 (2020 Series) (Attachment A) establishing pre-zoning and amendment of the City’s Zoning Map to apply upon annexation of properties within the Froom Ranch Specific Plan area consisting of the following zoning designations: R-3-SP (Medium- High Density Residential), R-4-SP (High Density Residential), C-R-SP (Retail Commercial), PF- SP (Public Facilities), and C/OS-SP (Conservation/Open Space), consistent with the approved Froom Ranch Specific Plan. DISCUSSION On September 15, 2020, the City Council voted 5:0 to certify the Final Envir onmental Impact Report (EIR) for the Froom Ranch Specific Plan, approve the Froom Ranch Specific Plan and associated entitlements including a Vesting Tentative Tract Map and General Plan Amendment, and introduce Ordinance No. 1689, establishing pre-zoning and amendment of the City’s Zoning Map to apply upon annexation of subject properties consistent with the approved Froom Ranch Specific Plan. Policy Context As discussed in the Council Agenda Report dated September 15, 2020, the General Plan Land Use Element identifies the subject parcels as Madonna on LOVR (SP-3, also known as Froom Ranch). The parcels are located within the City’s Sphere of Influence (SOI), planned for growth under Land Use Element SP-3, planned for annexation to the City consistent with the General Plan, and subject to Local Agency Formation Commission (LAFCO) review. Item 5 The project is based on policy direction included in the General Plan, specifically Land Use Element Policy 8.1.5, which identifies the Froom Ranch Specific Plan area as SP-3, subject to policies for the development of a specific plan and certain broad development parameters and principles. The certified Final EIR identified potential inconsistency with 25 City General Plan policies, and a detailed analysis of the project’s consistency with these policies is included in the August 12, 2020 Planning Commission Agenda Report, which was included in the September 15, 2020 Council Agenda Package. In the September 15, 2020 Resolution, the City Council found that the Froom Ranch project was consistent with the City’s General Plan and related policies and standards, consistent with the Planning Commission’s recommendation regarding General Plan consistency and approval of the project. Public Engagement Consistent with the City’s Public Engagement and Noticing (PEN) Manual and the City’s Municipal Code, the project was noticed per the City’s notification requirements for each public hearing associated with the project. Newspaper legal advertisements were posted in the New Times ten days prior to the hearing. Additionally, postcards were sent to both tenants and owners of properties located within 300 feet of the project site ten days before the hearing. The City maintained an Interested Parties list and provided direct notification of project hearings to individuals on the list. Notices of availability of the Draft EIR and Final EIR were sent to Interested Parties and Responsible Agencies. A postcard notification of the September 15, 2020 City Council hearing and August 12, 2020 Planning Commission hearing was provided to every person, organization, and agency who provided comments on the Draft EIR. CONCURRENCE The City’s review of the Froom Ranch Specific Plan has involved all City departments involved in the development review process. Conditions of approval have been identified and mitigation measures will be implemented to ensure that the project is carried out in a manner that is consistent with City standards. In addition to further consultation with the City Public Works Transportation Division regarding potential options for additional bicycle facilities within the Specific Plan area (as described in the September 15, 2020 Council agenda packet, pages 68 and 69), key issues evaluated by Engineering, Utilities, Fire and Transport ation are summarized in the August 12, 2020 Planning Commission agenda packet, on page 44. The Airport Land Use Commission reviewed the project in July 2020 and determined that the project is consistent with the Airport Land Use Plan. CONSISTENCY COVID-19 ORDERS AND CURRENT FISCAL CONTINGENCY PLAN This activity is presently allowed under the State and Local emergency orders associated with COVID-19. This project and associated staff work will be reimbursed by the applicant directly or indirectly through fees and is therefore consistent with the guidance of the City’s Fiscal Health Contingency Plan. Item 5 ENVIRONMENTAL REVIEW On September 15, 2020, the City Council adopted Resolution No. 11165 (2020 Series), certifying the Final Environmental Impact Report for the project and adopting California Environmental Quality Act (CEQA) Findings and Statement of Overriding Considerations, and adopting the Mitigation, Monitoring, and Reporting Program for the project. A Notice of Determination was filed with the San Luis Obispo Clerk Recorder’s Office on September 16, 2020. FISCAL IMPACT Budgeted: No Budget Year: N/A Funding Identified: No Fiscal Analysis: Funding Sources Current FY Cost Annualized On-going Cost Total Project Cost General Fund N/A State Federal Fees Other: Total N/A The applicant provided funds for the use of consultant support, including the management, evaluation, and processing of the Froom Ranch Specific Plan project and preparation of the associated EIR, Findings, and Statement of Overriding Considerations. Entitlement fees for the processing of the Vesting Tentative Tract Map were received by the applicant, consistent with the City’s adopted fee schedule. In addition, the proposed land uses are mostly consistent with the land uses identified in the Land Use Element of the City’s General Plan. When the General Plan was adopted, a fiscal analysis was prepared that concluded that the City’s land use plans are fiscally balanced, meaning that on balance the costs of development will be offset by revenue from sales tax, property tax, transient occupancy tax, and other revenues generated by the project. As a result, the approval of the Froom Ranch Specific Plan is expected to have neutral fiscal impact on the City’s Gener al Fund. 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 changes to the Final Ordinance would require further review by staff and the Planning Commission followed by re-introduction of the Ordinance by the Council. Item 5 Attachments: a - Ordinance No. 1689 (2020 Series) b - COUNCIL READING FILE - Exhibit A to Ordinance No. 1689 Item 5 O 1689 ORDINANCE NO. 1689 (2020 SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ESTABLISHING PRE-ZONING AND AMENDMENT OF THE CITY’S ZONING MAP TO APPLY UPON ANNEXATION OF PROPERTIES WITHIN THE FROOM RANCH SPECIFIC PLAN AREA (SPEC-0143-2017, SBDV-0955-2017, GENP-0737- 2019, ANNX-0335-2020, EID-0738-2019; SPECIFIC PLAN AREA 3; 12165 AND 12393 LOS OSOS VALLEY ROAD) WHEREAS, City General Plan Land Use Element Policies 1.13.3 (Annexation Purpose and Timing), 1,13,6 (Required Plans), and 8.1.1 (Specific Plan/General Plan Amendment) require the preparation of a Specific Plan for the Froom Ranch (Madonna on LOVR) area prior to annexation and further development; and WHEREAS, a Draft Specific Plan has been prepared for the Froom Ranch (Madonna of LOVR) area pursuant to the General Plan and the State Government Code; and WHEREAS, on August 12, 2020 the Planning Commission held a public hearing to consider the recommendation of staff and consider the Specific Plan map, text, and necessary changes to the General Plan Map and Zoning Map to implement the Specific Plan for the purpose of making a recommendation to the City Council; and WHEREAS, on August 12, 2020 the Planning Commission recommended that the City Council certify the Final Environmental Impact Report for the Froom Ranch Specific Plan with findings of significant environmental effects, mitigation measures, and the statement of overriding considerations; and WHEREAS, on September 15, 2020, the City Council held a public hearing to consider the recommendations of the Planning Commission and staff, and to consider the Specific Plan map, text, and necessary changes to the General Plan Map and Text and Zoning Map to implement the Specific Plan; and WHEREAS, the Specific Plan is consistent with the City’s General Plan, as amended; and WHEREAS, as a result of its deliberations, the City Council has decided to adopt the Froom Ranch Specific Plan and an ordinance is required to implement the zoning identified in the Specific Plan. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination. The City Council has certified the Final Environmental Impact Report (EIR) for the Froom Ranch Specific Plan and finds that the EIR adequately addresses the potential significant environmental impacts of the proposed Zoning Map amendment, and reflects the independent judgement of the City Council. Item 5 Ordinance No. 1689 (2020 Series) Page 2 O 1689 SECTION 2. Zoning Map Amendment and Pre-zoning. The City Council hereby pre- zones the properties as shown in “Exhibit A” such that the zoning becomes effective upon annexation. SECTION 3. Summary. A summary of this ordinance, approved by the City Attorney, 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 a newspaper published and circulated in the City of San Luis Obispo. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED on the 15th day of September 2020, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the ____ day of ________, 2020, 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, on ______________________. ______________________________ Teresa Purrington City Clerk Item 5