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Home My WebLink About05/05/1998, C-4 - R 38-97; SECOND READING OF ORDINANCE REZONING PROPERTY AT 963 & 967 BROAD STREET FROM R-3-H TO R-3-MU-H council j acEnaa Report ImNamba �. C I T Y OF SAN LU I S O B I S P O FROM: Arnold Jonas, Community Development Direct Prepared By: Ronald Whisenand, Developmen view Manage SUBJECT: R 38-97; SECOND READING OF ORDINANCE REZONING PROPERTY AT 963 & 967 BROAD STREET FROM R-3-H TO R-3- MU-H CAO RECOMMENDATION Grant final passage to Ordinance No. 1335 (1998 Series). DISCUSSION On April 21, 1998, the City Council introduced Ordinance No. 1335 (1998 Series) to print, approving the requested zoning changes. The approved rezone will allow for development of a mixed residential/office development at the southwest comer of Broad and Palm Streets. Ordinance 1335 is.now ready for final passage. The new zoning designation will become effective on the 30'day following final passage. ATTACHMENTS Ordinance No 1335 (1998 Series) ORDINANCE NO.1335 (1998 Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE PLANNING COMMISSION'S ACTION,THEREBY AMENDING THE ZONING MAP FROM MEDIUM-HIGH DENSITY RESIDENTIAL WITH THE HISTORICAL PRESERVATION OVERLAY ZONE (R-3-H)TO MEDIUM-HIGH DENSITY RESIDENTIAL WITH THE MIJMD USE AND HISTORICAL PRESERVATION OVERLAY ZONES (R-3-MU-M FOR PROPERTY LOCATED AT 963& 967 BROAD STREET(R 38-97) WHEREAS, the Planning Commission conducted public hearings on August, 13, 1997, January 14, 1998,and March 25, 1998, and ultimately recommended approval of the rezoning (R 38-97) to change the designation on the City's zoning map from Medium-High Density Residential with the Historical Preservation overlay zone (R-3-H) to Medium-High Density Residential with the Mixed Use and Historical Preservation overlay zones (R-3-MU-H), for property located at 963 &967 Broad Street; and WHEREAS, Brett Cross, 1217 Mariner's Cove, filed an appeal of the Planning Commission's action on April 2, 1998; and WHEREAS, the City Council conducted public hearings on, February 17, 1998, and April 21, 1998, and has considered testimony of the applicants, the appellant, interested parties, the records of the Planning Commission hearings and actions, and the evaluation and recommendation of staff; and WHEREAS, the City Council finds that the proposed rezoning is consistent with the General Plan and other applicable City ordinances; and WHEREAS, the City Council has considered the draft Negative Declaration of environmental impact with addendum as prepared by staff and reviewed by the Planning Commission. — BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: -Z 1335 Ordinance No. (1998 Series) Page 2 SECTION 1. Environmental Determination. The City Council finds and determines that the project's Negative Declaration with addendum adequately addresses the potential significant environmental impacts of the proposed general plan map amendment and rezoning, and reflects the independent judgment of the City Council. The Council hereby adopts said Negative Declaration. SECTION 2. Findings. That this Council, after consideration of the proposed rezoning to change the City's zoning map designation from Medium-High Density Residential with the Mixed Use and Historical Preservation overlay zones (R-3-MU-H), makes the following findings: 1. The proposed rezoning is consistent with the goals and policies of the General Plan, specifically Housing Element Program 3.3.2 which calls for no net housing loss in the downtown area 2. The proposed development of the site will be compatible with surrounding land uses because additional parking to meet ordinance requirements will be provided. 3. The project is consistent with the goals of the Mixed Use overlay zone which is to combine residential with commercial uses to provide services,jobs and housing inclose proximity to one another. 4. A Negative Declaration with mitigation measures was prepared by the Community Development Department on August 3, 1997, which describes significant environmental impacts associated with the project. The Negative Declaration concludes that the project will not have a significant adverse impact on the environment subject to the mitigation measures shown in the attached initial study ER 38-97 being incorporated into the project. The City Council has reviewed and considered the information contained in the attached addendum in its consideration of the Mitigated Negative Declaration ER 38-97, Rezoning R 38-97, and Use Permit U 38-97, and finds that the preparation of a subsequent Negative Declaration is not necessary because: • the proposed project's scale and complexity has been minimized from original plans; • a commitment has been made to retain a separate and functional residential unit in the main house; • the changes are consistent with City goals to encourage mixed uses and preserve Gy3 1335 Ordinance No. (1998 Series) Page 3 housing downtown;and • the proposal will help to rehabilitate a historical house that was badly damaged by a fire. SECTION 3. Action. The appeal is denied, and the request to change the City's zoning map designation from Medium-High Density Residential with the Historical Preservation overlay zone (R-3-H), to Medium-High Density Residential with the Mixed Use and Historical Preservation overlay zones (R-3-MU-H), for property located at 963 & 967 Broad Street, is hereby approved. SECTION 4. Adoption. 1. The zoning map is hereby amended as shown in Exhibit A. 2. The MU overlay zoning enables the combination of office and residential uses in the main structure at 963 Broad Street. The floor area of the offices in the main structure is restricted to 600 square feet consistent with the Planning Commission's approval of Use Permit U 38-97 through Planning Commission Resolution No. 5219-98. 3. The property development standards of the R-3 zoning category apply to the site. Required parking was set at two spaces with the Planning Commission's approval of Use Permit U 38-97 through Planning Commission Resolution No. 5219-98. 4. The Community Development Director shall cause the change to be reflected in documents which are on display in City Hall and are available for public viewing and use. 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 Telegram-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. CN-y 1335 Ordinance No. (1998 Series) Page 4 INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at its meeting held on the 21 day of April , 1998, on a motion of rnunril M mh r Rom o _ seconded by Council Mbr.Wiliiampand on the following roll call vote: AYES: Council Member Romero, Williams, Smith, Mayor Settle NOES: Council Member Roalman ABSENT: None The foregoing resolution was passed and adopted this 21 day of_April 1998. Mayor Allen Settle ATTEST: //Bonnie Ga4, CKCleff APPROVED AS TO FORM: VIdom/y J ey .Jorgensen Cyd z EXHIBIT A o � ry ry {,4r9 fie+ t4 � � 02 4a�''`1'`4j= • y i• L Oen �i~o am ® ISPSS- e 9 Rei- r .' 4 {1 �i to v 4•... R.. REZONE SITE FROM ® ��, _ta ;"`� �A R-3-H TO R-31111,IMU-H 410 6 >> C .san m \ U Po ti ti y 5,r P ,a U /�• d' 'l4 r + PF- ` ?'�• o±�� ebb }Y •� � � t f�1n V4 ' •.f'J �`� � Co'Ti'.=� •�F�-.,�9' is 'S�Yao a Tr 4 •et,�7 O \1 dvt x'��: .y tl'� �O`o+° F o• ye r To �•.odew � a .�'��*� Tri. REZONING MAP R 38-97 NORTH 963 & 967 BROAD C�_� f y council M igD° 5/5/98 j ac � � Enaa RepoRt N �S CITY O F SAN LUIS OBISPO r FROM: Robert F.Neumann,Fire Chief 19 SUBJECT: FINAL PASSAGE OF ORDINANCE NO. #1336 AMENDING MUNICIPAL CODE TITLE 15, CHAPTER 15.08, SECTION 15.08.170 CAO RECOMMENDATION Grant final passage to Ordinance No. (#1336). DISCUSSION On April 21, 1998, the Council voted 5-1 to introduce Ordinance No. (#1336) to print amending Municipal Code Title 15, Chapter 15.08, Section 15.08.170 extending time requirements for the mandatory installation of automatic fire-sprinkler systems in the commercial fire zone. Ordinance No. (#1336) is now ready for final passage and will become effective thirty days after the date of its final passage. ATTACHMENT Ordinance No. (#1336) LIN ORDINANCE NO. 1336 (1998 Series) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO,AMENDING TITLE 15, CHAPTER 15.08, SECTIONS 15.08.170 AND 15.08.190 OF THE MUNICIPAL CODE EXTENDING TIME REQUIREMENTS FOR AUTOMATIC SPRINKLER SYSTEMS WHEREAS, staff took considerable input from downtown property owners when revising the URM ordinance; and WHEREAS,it was established that both the fire sprinkler and the underground lateral program needed to be updated; and BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Subsection 15.08.170 (4) is hereby amended as follows: "15.08.170 Section 1003.2.2 amended-Automatic fire-extinguishing systems" "4. a. Existing buildings that are in the commercial fire-zone as established in Section 1115.1 of the Uniform Fire Code as amended by the City of San Luis Obispo shall have an approved automatic fire-sprinkler system installed and operational throughout by January 1,2002 if they are served by a water lateral dedicated for sprinkler service. "b. As an alternative to Paragraph 4(a)after placement of an underground fire sprinkler laterals by the City,the property owner will, after receiving official notice,have 24 months to complete an approved automatic fire-sprinkler system. For lateral installations provided between April 21, 1998 and January 1, 2000 the deadline of January 1, 2002 shall also apply. "EXCEPTION: Buildings of unreinforced masonry construction shall have an automatic sprinkler system installed and operational by the deadline set forth in the Building Code for compliance with seismic retrofit standards." SECTION 2. Section 15.08.190 is hereby amended as follows: "15.08.190 Section 1003.2.3 amended-Automatic fire-extinguishing systems" n izz� r Ordinance No. 1336 (1998 Series) Page 2 "Notification. Whenever the fire department determines by inspection,that a building does not conform to the minimum requirements of 1003.2.2 of this section, it shall prepare a fire/life-safety notice in writing that an automatic fire-sprinkler system be installed in the building. "The notice shall specify in what manner the building fails to meet the minimum requirements of 1003.2.2 of this section. It shall direct that plans be submitted, and that necessary permits be obtained by the specified date. The fire department shall serve the notice, either personally or by certified or registered mail, upon the owner as shown on the last-equalized assessment roll and upon the person, if any, in real or apparent charge or control of the building. "EXCEPTION: Buildings of unreinforced masonry construction shall submit plans and obtain necessary permits no later than one year prior to the date set forth by the Building Code for compliance with seismic retrofit standards. Automatic fire-sprinkler systems shall be installed no later than the date set forth in the Building Code for compliance with the seismic retro-fit standards." SECTION 3. A synopsis of this ordinance, approved by the City Attorney, together with the names of the Council members voting for and against, shall be published at least five days prior to its final passage, in the Telegram-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 AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a meeting held on the 21 day of April , 1998,on motion of Mayor Settle seconded by Council Member Romero and on the following roll call vote: AYES: Mayor Settle, Council Member Romero, Smith, Roalman, Williams NOES: None ABSENT:None a-3 Ordinance No. 1336 (1998 Series) Page 3 MAYOR ALLEN K. SETTLE ATTEST: ity Clerk BopLe Ga? APPROVED: 3 i om y Je ey orgensen