17.48.070 Process for approval.
A. Planning Commission Recommendation. After giving notice as provided in Chapter 17.122 (Public Notices and Hearings), the planning commission shall hold a public hearing on the application. The planning commission may recommend approval, approval subject to certain modifications, or denial of the application. The decision of the planning commission shall be in the form of a recommendation to the council and shall be rendered in writing, stating all modifications or conditions to be reflected in the final development plan.
B. Actions of the Council. After giving notice as provided in Chapter 17.122 (Public Notices and Hearings), the council shall hold a public hearing on the application and the recommendations of the planning commission. The council may approve, approve subject to certain modifications, or deny the proposal. The decision of the council shall be rendered in writing, stating all modifications or conditions to be reflected in the final development plan. If it approves or conditionally approves the preliminary development plan, the council shall approve the rezoning and the official zone map shall be amended to indicate approval of the planned development.
C. Decision and Findings. Following a public hearing, the planning commission may recommend, and the council may approve or disapprove a rezoning to apply the PD overlay zone in compliance with this section. The council may approve a rezoning to apply the PD overlay zone only after first making all of the following findings:
1. The project is consistent with the general plan and any applicable specific plan;
2. The proposed land use is allowed within the applicable underlying zone;
3. The project complies with all applicable provisions of these zoning regulations other than those modified by the PD rezoning;
4. The approved modifications to the development standards of these zoning regulations are necessary and appropriate to accommodate the superior design of the proposed project, its compatibility with adjacent land uses, and its successful mitigation of environmental impacts;
5. The project complies with all applicable city design guidelines;
6. All affected public facilities, services, and utilities are adequate to serve the proposed project;
7. The location, size, site planning, building design features, and operating characteristics of the project are highly suited to the characteristics of the site and surrounding neighborhood, and will be compatible with the character of the site and the land uses and development intended for the surrounding neighborhood by the general plan;
8. The site is adequate for the project in terms of size, configuration, topography, and other applicable features;
9. The proposed community benefits directly implement objectives of the general plan;
10. The community benefits proposed do not principally benefit the project or occupants of the project, but rather provide a district or area-wide benefit within San Luis Obispo;
11. The site has appropriate access to public streets with adequate capacity to accommodate the quantity and type of traffic expected to be generated by the use; and
12. The establishment, maintenance, or operation of the proposed project will not, in the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity of the proposed use, or detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city. (Ord. 1650 § 3 (Exh. B), 2018)