HomeMy WebLinkAboutItem 10 - Second Reading of Ordinance No. 1690 (NWC of Tank Farm, 660 Tank Farm & 3985 Broad) 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: Brandi Cummings, Contract Planner
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1690 (2020
SERIES) AMENDING ZONING, AND SPECIFIC PLAN DESIGNATIONS OF
660 TANK FARM ROAD FROM BUSINESS PARK (BP-SP) TO
COMMUNITY-COMMERCIAL WITH THE SPECIFIC PLAN AND SPECIAL
FOCUS OVERLAY (C-C-SP-SF), AND CHANGING THE SPECIFIC PLAN
DESIGNATION FOR THE PROPERTY AT 3985 BROAD STREET TO
COMMUNITY-COMMERCIAL WITH SPECIFIC PLAN AND SPECIAL
FOCUS OVERLAY TO BE CONSISTENT WITH THE EXISTING GENERAL
PLAN AND ZONING DESIGNATIONS (C-C-SP-SF)
RECOMMENDATION
Adopt Ordinance No. 1690 (2020 Series) rezoning and amending the Specific Plan Designation
for the property at 660 Tank Farm Road and amending the Airport Area Specific Plan
Designation for the property located at 3985 Broad Street.
DISCUSSION
On September 15, 2020, the City
Council voted 4:0:1 (one Council
Member recused) to adopt a
Resolution and to introduce an
Ordinance to rezone and amend the
Airport Area Specific plan to approve
a subdivision and development plan
for an assisted living facility project
known as the Northwest Corner project
(NWC). This action is a follow up 2nd
reading to adopt Ordinance No. 1690
(Attachment A) which rezones and
amends Specific Plan designations, as
delineated in Figure 1.
Figure 1. Rezoning and Specific Plan Amendment Exhibit
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Policy Context
As discussed in the Council Agenda Report dated September 15, 2020, The project is consistent
with several community goals, policies and programs for the development that relate to the
project site including Special Focus Area policies, Neighborhood Connections, Mixed-use
Developments and Convenience, and Neighborhood Compatibility.
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
Development Projects 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. 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
The project has been reviewed by various City Departments and divisions including: Planning,
Engineering, Transportation, Building, Utilities, and Fire. Comments have been incorporated
into the presented evaluation and conditions of approval.
CONSISTENCY COVID-19 ORDERS AND CURRENT FISCAL CONTING ENCY 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 Developer directly
or indirectly through fees and therefore consistent with the guidance of the City’s Fiscal Health
Contingency Plan.
ENVIRONMENTAL REVIEW
On September 15, 2020, the City Council adopted Resolution No. 11166 (2020 Series) adopting
the Final IS/MND for the development project General Plan Amendment, and rezone an d
Specific Plan amendment, and adopted CEQA findings including a mitigation and monitoring
plan. A Notice of Determination was filed with the San Luis Obispo Clerk Recorder’s Office on
September 18, 2020.
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FISCAL IMPACT
Budgeted: No Budget Year: N/A
Funding Identified: No
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund N/A
State
Federal
Fees
Other:
Total N/A
When the General Plan was prepared, it was accompanied by a fiscal impact analysis, which
found that overall, the General Plan was fiscally balanced. Accordingly, since the proposed
project is consistent with the General Plan, it has a neutral fiscal impact.
ALTERNATIVE
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 - Ordinance No. 1690 (2020 Series)
b - COUNCIL READING FILE - Exhibit A for Ordinance No. 1690 (2020 Series)
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O 1690
ORDINANCE NO. 1690 (2020 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, REZONING AND AMENDING THE SPECIFIC
PLAN DESIGNATION FOR THE PROPERTY AT 660 TANK FARM
ROAD FROM BUSINESS PARK WITH SPECIFIC PLAN OVERLAY (BP-
SP) TO COMMUNITY COMMERCIAL WITH SPECIFIC PLAN AND
SPECIAL FOCUS OVERLAY (CC-SP-SF) AND AMENDING THE
AIRPORT AREA SPECIFIC PLAN DESIGNATION FOR 3985 BROAD
STREET TO COMMUNITY COMMERCIAL WITH SPECIAL FOCUS
AREA (C-C-SP-SF) AND MAKING ASSOCIATED AMENDMENTS TO
THE AIRPORT AREA SPECIFIC PLAN TO BE CONSISTENT WITH THE
PROPOSED NORTHWEST CORNER ASSISTED LIVING PROJECT,
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 April 10, 2019, and recommended amendments to the Airport Area Specific Plan (AASP)
including a revision to the City’s Zoning Map and associated text amendments (Exhibits A and B,
attached) consistent with the Northwest Corner Project as part of the entitlement process for the
project (SPEC 1482-2018, SBDV-1483-2018, and ARCH 1486-2018); and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
on September 15, 2020 in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, for the purpose of considering the Project and associated entitlements and voted to
adopt a resolution approving the project and to introduce an ordinance for the associated rezone
and Specific Plan Amendments; and
WHEREA S, the City Council finds that the proposed amendments are consistent with
the project’s associated General Plan designations as amended (related to the Northwest Corner
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 #2019049030) that addressed impacts related to the AASP amendments
including the rezone at its public hearing of September 15, 2020; 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. 1690 (2020 Series) Page 2
O 1690
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/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 September 15, 2020, pursuant to Resolution No. 11166 (2020 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 September 18, 2020.
SECTION 2. Findings. Based upon all evidence, the City Council makes the following
findings:
1. The proposed amendments to the General Plan, including the rezone, and Airport Area
Specific Plan land use amendments as shown in Exhibit A bring the parcels included in the
project into consistency with existing zoning of the subject parcel which was rezoned to
Community-Commercial with Special Focus Overlay (C-C-SF) when the 2014 Land Use
and Circulation Element update was adopted.
2. The proposed project is consistent with policy objectives of the Broad Street and Tank
Farm Road Special Focus area since it would allow for a mix of uses with a strong
commercial presence at the intersection.
3. The AASP as amended is consistent with policy direction for the area included in the
General Plan and in particular the following General Plan policies:
a. LUE Policies 2.2.4 and 2.2.5 provide for neighborhood connections in new projects,
both internally and externally so as to integrate new projects into the neighborhoods in
which they are proposed, as well as take advantage of opportunities for locating new
development close to major employers, retailing and multi -modal transportation
facilities;
b. LUE Policies 2.3.1, 2.3.6 and 2.3.9, which promote quality neighborhoods and infill
development, because the project is located within walking distance to MindBody
Headquarters, SESLOC, other nearby employers as well as retail uses and other retail
and personal services;
c. LUE Policy 3.4.1 encourages mixed-use projects in Community-Commercial districts
to provide support services near retailing and office facilities;
d. LUE Policy 8.13 establishes the “Special Focus” Area #12 at the subject site to
facilitate improvements to bicyclist and pedestrian facilities in the project area, and by
integrating uses within the larger established Tank Farm-Broad Street neighborhood
reduce vehicle trips and provide additional employment and retailing opportunities to
this part of town; and
e. The AASP as amended is also consistent with all other applicable General Plan
policies, as described and analyzed in the September 15, 2020 staff report to the City
Council for this project.
4. On September 19, 2018, The County of San Luis Obispo Airport Land Use Commission
found the proposed project to be consistent with the Airport Land Use Plan under authority
of Section 2.7 of the ALUP.
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Ordinance No. 1690 (2020 Series) Page 3
O 1690
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 A,” 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 B”.
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, 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 15th day of September 2020, AND FINALLY ADOPTED by
the Council of the City of San Luis Obispo on ____ 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
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