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Home My WebLink About10/19/2004, C10 - OCTOBER 19, 2004 AGENDA, CONSENT ITEM #10 - FINAL ADOPTION OF ORDINANCE NO. 1463 (2004 SERIES) TO I � RECEIVED OCT 14- 2004 city clerk memorandum sLo cirr CLERK October 14,2004 To: Council Via: Ken Hampian, CAO From: Audrey Hooper, City Clerk 4 Subject. October 19, 2004 Agenda, Consent Item#10 - Final Adoption of Ordinance No..1463 (2004 Series) to implement the Margarita Area Specific Plan and Related Zoning Changes Attached for your review is the report for item C10 on the October 19, 2004 Council agenda. Due to the hearing on this item at a special meeting on October 12`h, staff was not able to finalize this report prior to the distribution of the October 19`s agenda. Thank you. INCIL CDD DIR y RED FILE I�cAo ..Z'FIN DIR d f ACAO .G'FIRE CHIEF _ ►&FETM AGENDA ;JZATTORNE`( -7e� w DIR r 1`CLERKIORIG -2"POLICE CHF E ;TE!p ITEM # L� 4 Cl DEPT HEADS ?'Rtc DIR T, i/Trti _ o-' -;- uTIL DIR council Dm 10-19-04 j acenba PepoRt CITY OF SAN LUIS OBISPO FROM: John Mandeville,Director of Community Development Prepared By: Michael Draze, Deputy Director, Long-Range Planning SUBJECT: FINAL ADOPTION OF ORDINANCE TO IMPLEMENT THE MARGARITA AREA SPECIFIC PLAN AND RELATED ZONING CHANGES: ORDINANCE NO. 1463 (2004 Series) CAO RECOMMENDATION Adopt Ordinance No. 1463 (2004 Series) DISCUSSION Council Action on October 12th On October 12, 2004, the Council introduced Ordinance No. 1463 with an amendment to provide direction on protection of privacy and views for existing residences adjacent to the Margarita Area Specific Plan. That revision is include in the attached ordinance. The proposed ordinance amends the official City Zoning Map for those areas already within the City boundaries of the Margarita Area Specific Plan and amends the Zoning Regulations to incorporate the development standards included in Chapter 2 of the Specific Plan. The new ordinance, working in concert with the City's General Plan and newly adopted Margarita Area Specific Plan will provide for the orderly annexation, growth, and development of this area of the community. This ordinance is now ready for adoption and will become effective 30 days after the date of final passage. ATTACHMENTS 1. Ordinance No. 1463 (2004 Series) L:\Specific P1ans\MASP\CAR 10-19-04 2nd read.doc ' Attachment 1 ORDINANCE NO. 1463 (2004 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE OFFICIAL ZONING MAP TO IMPLEMENT THE MARGARITA AREA SPECIFIC PLAN (ER,SP, GP/R 73-00) WHEREAS, the City General Plan (Land Use Policy LU 2.3 and LU 2.3.1) requires the preparation of a specific plan for the Margarita Area prior to annexation and further development, and sets specific requirements for information to be included the Plan; and WHEREAS, the City of San Luis .Obispo General Plan contains general goals and policies relating to early growth and development, which may be implemented in a variety of ways, including the specific plan procedure as outlined by State law (California State Government Code 65450 et seq.); and WHEREAS,the City of San Luis Obispo, with the participation of property owners, citizens, public agencies, and other interested parties, has prepared a draft specific plan for the Margarita Area pursuant to the General Plan and the State Government Code; and WHEREAS, on June 9, 2004, after eight public hearings, the Planning Commission recommended the City Council certify the Elk, adopt the specific plan, amend the Land Use Element to reflect the specific plan map, and rezone those properties currently within the City; and WHEREAS, the City Council held public hearings on September 7 and 28, and October 12, 2004 to hear public testimony and to consider the Airport Area and Margarita Area Specific Plans and Related Facilities Master Plans Final Program EIR, and the Draft Margarita Area Specific Plan; and WHEREAS, as a result of its deliberations, the City Council finds and determines that the project's Final Program Environmental Impact Report adequately addresses the potentially significant environmental impacts of the proposed project entitlements and reflects the independent judgment of the City Council; and WHEREAS, implementation of the specific plan requires an amendment to the Official Zoning Map to reflect the zoning categories contained in the Specific Plan. NOW,THEREFORE,BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination. The City Council has certified the Final Program Environmental Impact Report (EIR) for the Airport Area and Margarita Area Specific Plans and Related Facilities Master Plans (Council Resolution 9615 (2004 Series)), and finds that the EIR adequately addresses the potential significant environmental impacts of the proposed Zoning Map amendment as described in Exhibit "A", and reflects the independent judgment of the City Council. Ordinance No. (2004-Series) J Attachment 1 Page 2 SECTION 2. Zoning Map Amendment. The Official Zoning Map is hereby amended to reflect the appropriate Specific Plan zones of Conservation/Open Space (C/OS-SP), Low Density Residential (R-1-SP), Medium Density Residential (R-2-SP), Medium High Density Residential (R-3-SP), Neighborhood Commercial (C-N-SP), and Office (O-SP), as shown in Exhibit A, subject to the following finding: 1. The proposed rezoning.is consistent with General Plan Land Use Element and with the Margarita Area Specific Plan. SECTION 3. Protection of Privacy for Abutting Properties. To the maximum extent feasible, privacy of existing residential uses adjacent to the planning area shall be protected and views from existing residences adjacent to the Margarita Area to the South Hills shall be incorporated into the design of new development. SECTION 4. Publication. 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. INTRODUCED on the 12th day of October, 2004, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 12`h day of October, 2004, on the following roll call vote: AYES: NOES: ABSENT: Mayor David F. Romero ATTEST: Audrey Hooper City Clerk APPROVED AS TO FORM: Cm4 an P. Lowell, City Attorney G/Mdraze/specificplans/masp/ordinance I0-12-04[finall Cl0 - � CL Exhibit' A o v a 00 000 C4 mN N ? � N L O w ON - - z a m N � O 3 o N C P+ rn C') O Ful r u Q ^ l •�-•-'-- --.--+--�---.� u r? P. cn .. ......:..:..:•..;..:.::•.. ..::•:•; N •4n Ql Ful W d _ —Y_ •^ •� O �I Q CA 96 I , •;� ; d '� C 9 O _ � 1 � �I- d V4 •{� � 0 rx 77 c