HomeMy WebLinkAboutr9751amendlanduseelementmap1221nipomoRESOLUTION NO . 9751 (2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISP O
APPROVING A MITIGATED NEGATIVE DECLARATION AND AMENDING TH E
LAND USE ELEMENT MAP FROM HIGH-DENSITY RESIDENTIAL TO GENERA L
RETAIL, FOR PROPERTY LOCATED AT 1221 NIPOMO STREET ; GP 160-0 5
WHEREAS,the Planning Commission conducted a public hearing on November 9 ,
2005, and recommended approval of the project ; an d
WHEREAS,the City Council conducted a public hearing on December 6, 2005, and ha s
considered testimony of interested parties, the records of the Planning Commission hearing an d
action, and the evaluation and recommendation of staff ; an d
WHEREAS,the City Council has considered the draft Negative Declaration o f
environmental impact as prepared by staff and reviewed by the Planning Commission ; an d
WHEREAS,notices of said public hearing were made at the time and in the manner
required by law ; an d
WHEREAS,the City Council has duly considered all evidence, including the testimon y
of the applicant, interested parties, and the evaluation and recommendations by staff, presented a t
said hearing .
BE IT RESOLVED,by the City Council of the City of San Luis Obispo as follows :
SECTION 1 .The City Council finds and determines that the project's Negative
Declaration adequately addresses the potential significant environmental impacts of the propose d
project, and reflects the independent judgment of the City Council . The Council hereby adopt s
said Negative Declaration and incorporates the following mitigation measures into the project :
Land Use and Planning
1 . To provide a suitable transition to the adjacent High-Density Residential (R-4) property at th e
corner of Nipomo and Pacific Streets, the future development of this site which is bein g
redesignated as C-D-MU shall comply with the R-4 development standards for height an d
setbacks .
Monitoring Program:
Compliance with this requirement shall be monitored through the review of detailed plan s
submitted for architectural review and building permit primarily by the Community Developmen t
Department staff .
R 9751
Resolution No . 9751 (2005 Series )
Page 2
Nois e
2.The construction of future residential uses shall be accompanied by an acoustical analysi s
(noise study) to ensure that interior spaces and exterior private use areas are designed t o
mitigate noise impacts to levels determined acceptable by the City's General Plan Nois e
Element. Specific construction details shall be identified as recommendations in the study .
Monitoring Program :
Compliance with this requirement shall be monitored through the review of detailed plans an d
the acoustical analysis submitted for architectural review and building permit primarily by th e
Community Development Department staff .
Transportation/Traffi c
3.The applicant shall provide or pay in lieu fees for the four additional parking spaces . Thes e
four (4) spaces shall not be reduced through shared or mixed-use reductions, or other parkin g
reductions established for the Downtown Commercial zone included in Section 17 .42 of the
Municipal Code .
Monitoring Program:
Compliance with this requirement shall be monitored through the review of detailed plan s
submitted for building permit primarily by the Community Development Department staff .
Parking in-lieu fees shall be paid prior to building permit issuance for the proposed developmen t
project if applicable . Parking calculations for redevelopment of this site shall separate th e
provision of these four parking spaces from the project's other parking requirements so th e
provision of these spaces are not reduced through shared or mixed-use reductions, or othe r
parking reductions established for the Downtown Commercial zone included in Section 17 .42 of
the Municipal Code .
SECTION 2 .Findings .That this Council, after consideration of the amendment to th e
Land Use Element Map from High-Density Residential to General Retail, and considering th e
Planning Commission's recommendations, staff recommendations, public testimony, and report s
thereof, makes the following findings :
1.The proposed General Plan Amendment and Rezoning is consistent with General Plan Polic y
regarding the expansion of housing opportunities in the Downtown Planning Area ,
maximizing the development potential of infill sites, facilitation of housing production an d
land use efficiency .
2.A General Retail land use designation is appropriate for this site as it allows for th e
development of a mixed use project, which will provide a transition between the existin g
High-Density Residential (R-4) development to the south and General Retail (C-D)
Resolution No . 9751 (2005 Series )
Page 3
development to the north .
3.The land use amendment and project will implement the City's goal of maintaining a
compact urban form by increasing the maximum density allowed and more fully utilizing th e
potential of this site, which is adjacent to the downtown core .
4.The project's Mitigated Negative Declaration adequately addresses the potential significan t
environmental impacts of the proposed project, and reflects the independent judgment of th e
Commission .
SECTION 3.The Land Use Element Map is hereby amended as shown on Exhibit A .
SECTION 4 .The Community Development Director shall cause the amendment to b e
reflected in documents, which are on display in City Hall and are available for public viewing
and use .
On motion of Council Member Ewan seconded by Council Member Brown, and on th e
following roll call vote :
AYES :
Council Members Brown, Ewan Mulholland, Vice Mayor Settle an d
Mayor Romer o
NOES :
None
ABSENT : None
The foregoing resolution was passed and adopted this 6 th day of December, 2005 .
Mayor David F . Romero
ATTEST :
APPROVED AS TO FORM :
Audrey Hooper
City Clerk
Job P . Lowell
City Attorney
Existing High-Density Residentia l
Proposed General Retail
General Retai l
General Re • it
Densit y
es ' entia l
igh-D- sity Re enti Public Facility
Hi h-Density ResiTJ"ial -High D e
ide v
ner- Retai l
General Retail
Offi c
General Plan Map
Legen d
GPR/R/ER 160-0 5
1221 Nipomo
General Plan Boundar y
1221 Nipomo