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Home My WebLink About01-17-2012 c5 rezoning 1234 broad etalcounci l~ j acenda aepout .Meeting Dat e htem Number 1/17/1 2 C 5 C I T Y O F S A N L U I S O B I S P O FROM : Derek Johnson, Community Development Directo r Prepared By :Brian Leveille, Associate Planne r SUBJECT : ADOPTION OF AN ORDINANCE REZONING PROPERTIES AT 1231 - 1233 GARDEN STREET, 734-740 PACIFIC STREET, AND 1234 BROA D STREET FROM THE OFFICE (0) TO DOWNTOWN-COMMERCIA L (C-D) ZONE . RECOMMENDATION Adopt Ordinance # 1572 (2012 Series) amending Title 17 of the Municipal Code . DISCUSSIO N Backgroun d On January 3, 2012, the City Council voted 5-0 to introduce an Ordinance amending the Zonin g designations from the Office (0) zone to the Downtown-Commercial Zone for properties locate d • at 1231-1233 Garden Street, 734-740 Pacific Street, and 1234 Broad Street . The ordinance an d resolution were amended to reflect changes made by the Council at the meeting, which include d an additional condition of approval that the City Council shall review the final design for an y development project in excess of 15,000 square feet or above 35 feet in height . The Ordinance i s now ready for adoption . The amended zoning map will become effective 30 days after it s adoption . ATTACHMEN T Ordinance #1572 (2012 series) amending Zoning map T :\Council Agenda Reports\20I2\2012-01-17\C6-2nd Reading 1234 Broad (Johnson-Leveille)\GP,R 54-11 Council Report, 2nd reading .doc x• Attachmen t ORDINANCE NO .####(2012 Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SA N LUIS OBISPO REZONING PROPERTIES AT 1231-1233 GARDE N STREET, 734-740 PACIFIC STREET, AND 1234 BROAD STREE T FROM OFFICE (0) TO DOWNTOWN-COMMERCIAL (C-D ) WHEREAS,the Planning Commission of the City of San Luis Obispo conducte d a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo , California, on September 28, 2011, and recommended approval of the rezoning ; an d WHEREAS,the City Council of the City of San Luis Obispo conducted a publi c hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo , California, on January 3, 2012, for the purpose of considering the proposed rezoning fro m Office (0) to Downtown-Commercial (C-D); and WHEREAS,the City Council finds that the proposed rezone is consistent with th e General Plan ; and , WHEREAS,notices of said public hearings were made at the time and in th e manner required by law ; and BE IT ORDAINED by the Council of the City of San Luis Obispo as follows : SECTION 1 .Environmental Determination .A Negative Declaration o f Environmental Impact (ER 54-11) was prepared and was recommended for adoption b y the Planning Commission on September 28, 2011 . The City Council finds and determine s that the project's Negative Declaration adequately addresses the potential significant environmental impacts of the proposed project, and reflects the independent judgment o f the City Council . The Council hereby adopts said Negative Declaration . SECTION 2 .Findings .Based upon all the evidence, the Council makes th e following findings : 1.The proposed rezone furthers the goals of the General Plan Policy HE 5 .3, which encourages the development of mixed-use projects with residences abov e commercial uses in close proximity to activity centers . 2.The proposed rezone is consistent with LUE Policy 4 .2 .1, which states tha t existing uses in and around the commercial core should be protected, and ne w ones developed . 3.The proposed rezone is consistent with LUE Policy 3 .4 .1 to have sufficient lan d for office development since significant office zoning remains around the projec t site, and Downtown-Commercial Zoning provides ample opportunity for offic e uses . 4.The proposed rezone will not be detrimental to the health, safety and welfare of • • • C5-2 Ordinance No . #### (2012 Series) Attachment 1 GPI 8-1 1 those living and working in the vicinity since the proposed changes to the City's maps provide for compatible land uses and any future development of the site wil l be subject to Architectural Review which includes evaluation of neighborhoo d compatibility with proposed site development . SECTION 3 .Rezoning Action.The Council of San Luis Obispo hereby approve s the rezone from Office (0) to Downtown-Commercial (C-D) as shown in attache d "Exhibit A"with incorporation of the following conditions of approval : 1.The proposed General Plan amendment and rezone will allow for more intensiv e development than the property's current land use designation and zoning allows . At time of submittal for redevelopment, plans shall be include all informatio n deemed necessary by the City to evaluate the adequacy of City infrastructure (i .e . traffic, sewer, water) in the Downtown-Commercial Zone . 2.The project applicant is responsible for all necessary upgrades to Cit y infrastructure from any project specific impacts which may result from th e development project in the Downtown-Commercial (C-D) Zone . 3.The City Council shall review the final design for any development project i n excess of 15,000 square feet or 35 feet in height . •SECTION 4 .Severability.If any subdivision, paragraph, sentence, clause, o r phrase of this ordinance is, for any reason, held to be invalid or unenforceable by a cour t of competent jurisdiction, such invalidity or unenforceability shall not affect the validit y or enforcement of the remaining portions of this ordinance, or any other provisions of th e City's rules and regulations . It is the City's express intent that each remaining portion would have been adopted irrespective of the fact that any one or more subdivisions , paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable . SECTION 5 .A summary of this ordinance, together with the names of Counci l members voting for and against, shall be published at least five (5) days prior to its fina l passage, in The Tribune, a newspaper published and circulated in this City . Thi s ordinance shall go into effect at the expiration of thirty (30) days after its final passage . INTRODUCED on the 3rd day of January, 2012, AND FINALLY ADOPTED b y the Council of the City of San Luis Obispo on the 17th day of January, 2012, on th e following vote : AYES : NOES : ABSENT : • Ordinance No . #### (2012 Series) Attachment 1 GPI 8-11 Jan Howell Marx, Mayo r ATTEST : Elaina Cano, City Clerk APPROVED AS TO FORM : /c/TChristine Dietrick Christine Dietrick, City Attorne y G :\CD-PLAN\BLeveill\GP Amend\GP Amend GPR 54-11 (Pacific Street)\Council Docs\GP-R 54-11 (fina l CC Ordinance).docx • • EXHIBIT "A " PACIFIC STREET GPA/REZON E City File # GPIR 54-1 1 cRezone :Office (0)to Downtown-Commercial (C-D)