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Home My WebLink About05/15/2001, C5 - FINAL PASSAGE OF ORDINANCE NO.1386 (2001 SERIES), REZONING PROPERTY AT 811 EL CAPITAN TO SERVICE-CO counot 5-15-01 j ac Enda Report ".m� G 5 C ITY O F SAN LU IS O B I S P O FROM: John Mandeville, Community Development Directo ?'4 Prepared By: Whitney McIlvaine, Associate Planner SUBJECT: FINAL PASSAGE OF ORDINANCE NO.1386 (2001 SERIES), REZONING PROPERTY AT 81.1 EL CAPITAN TO SERVICE- COMMERCIAL MIXED USE WITH A SPECIFIC PLAN OVERLAY ZONE (C-S-MU-SP). CITY FILE#: GP/R/U/R 108-00 CAO RECOMMENDATION Grant final passage to Ordinance No. 1386. DISCUSSION On April 24, 2001, the City Council voted 4 to I(Council member Mulholland voting no) to introduce Ordinance No.1386 to print, approving the requested rezoning. Ordinance No. 1386 is now ready for final passage. The new zoning designation will become effective 30 days after its final passage. Final passage of Ordinance No.1386 (2001 Series) will amend the zoning map to change the zoning on two lots located at the southeast corner of El Capitan and Broad Street (811 El Capitan) from Medium-Density Residential with a Specific Plan overlay (R-2-SP) and Service-Commercial (C-S) to Service-Commercial Mixed Use with a Specific Plan overlay zone(C-S-MU-SP). City file #: GP/R/U/R 108-00 Attached: Ordinance No.1386 Wmcllvai/Ord/ord 1386 second reading(108-00) C5-1 ORDINANCE NO. 1386 . (2001 Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE ZONING MAP FROM MEDIUM-DENSITY RESIDENTIAL WITH A SPECIFIC PLAN OVERLAY (R-2-SP) AND SERVICE-COMMERCIAL (C-S) TO SERVICE-COMMERCL4kL MIXED USE WITH A SPECIFIC PLAN OVERLAY ZONE (C-S-MU-SP) FOR PROPERTY LOCATED AT 811 EL CAPITAN (GP/R/U/ER 108-00) WHEREAS, the Planning Commission conducted a public hearing on January 24, 2001, and recommended approval of the rezoning (R 108-00) to change the designation on the City's zoning map from Medium-Density Residential with a Specific Plan overlay and Service- Commercial to Service-Commercial Mixed Use with a Specific Plan overlay zone, for property located at 811 El Capitan; and WHEREAS, the City Council conducted a public hearing on, March 6, 2001, and April 24, 2001, and has considered testimony of the applicant, 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 Mitigation Measures 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: SECTION 1. Environmental Determination. The City Council finds and determines that the project's Negative Declaration with Mitigation Measures and Monitoring Program adequately addresses the potential significant environmental impacts of the proposed rezoning, and reflects the independent judgment of the City Council. The Council hereby adopts said Negative Declaration with Mitigation Measures and Monitoring Program as outlined in the attached Exhibit B. SECTION 2. Findinss. That this Council, after consideration of the proposed rezoning from Medium-Density Residential with a Specific Plan overlay and Service-Commercial to Service-Commercial with the Mixed Use overlay zoning, for property located at 811 El Capitan, makes the following findings: 1. The proposed rezoning is consistent with the goals and policies of the General Plan, specifically Land Use Element Policy 3.7, Mixed Uses, which states that "Compatible mixed uses in commercial districts should be supported. " C5-2 Ordinance No. 1386 (2001 Series) 811 El Capitan Page 2 2. The proposed uses as stipulated in Use Permit U 108-00 will comply with the MU zone, are compatible with each other and their surroundings, and are consistent with the General Plan (SLO Municipal Code Section 17.55.020C.). 3. The project is consistent with the purpose of the Mixed Use zone which is to allow the combining of residential and commercial uses on a-single parcel. 4. A Negative Declaration with Mitigation Measures was prepared by the Community Development Department on December 27, 2000, which describes potentially significant environmental impacts associated with the proposed rezoning and associated project development. 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 Exhibit B being incorporated into the project. SECTION 3. Action. The request to change the City's zoning map designation from Medium-Density Residential with a Specific Plan overlay and Service-Commercial to Service- Commercial Mixed Use with Specific Plan overlay zoning, for property located at 811 El Capitan, is hereby approved. SECTION 4. Adoption. 1. The zoning map is hereby amended as shown in Exhibit A. 2. 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 and after the approval of a General Plan Map Amendment (GP/R 108-00) to change the designation for a portion of the project site from Medium-Density Residential to Services and Manufacturing. INTRODUCED on the day of , 2001, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the day of 2001, on the following roll call vote: AYES: NOES: ABSENT: C5-3 Ordinance No. 1386 (2001 Series) 811 El Capitan Page 3 Mayor Allen Settle ATTEST: Lee Price, City Clerk APPROVED AS TO FORM: ✓AAv 11 A . tto ey fre Jorgensen C5-4 EXHIBIT P y S-SP-PD ` -2-S -P V\ P, C-S-S-S P R- - - R-2- P to S-M - O C S to C S-MU -5P �O GPM\N05 /OS GP GP/R/U/ER 108-00 Rezone fr®m C=S and N 0 40 80 120 eet R=2-SP t® C=SmM U -S P A/� .FC5-5