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HomeMy WebLinkAbout07/19/2005, C2 - ADOPTION OF AN ORDINANCE MODIFYING THE WALTER BROTHERS CENTER PLANNED DEVELOPMENT OVERLAY AT 3190 A counc j acEnaa uEpmt CITY OF SAN LUIS OBISPO FROM: John Mandeville, Community Develo ment Direct Prepared By: Buzz Kalkowski, Associate Planner SUBJECT: ADOPTION OF AN ORDINANCE MODIFYING THE WALTER BROTHERS CENTER PLANNED DEVELOPMENT OVERLAY AT 3190 AND 3280 SOUTH HIGUERA (PD 43-05). . CAO RECOMMENDATION Adopt Ordinance No. 1476 (2005 Series), modifying Ordinance 1457 (2004 Series) to permit banks/savings & loans and broadcast studios as allowed uses, and to allow laboratories (medical, analytical)with an approved Planning Commission Use Permit,within an O-PD zone. DISCUSSION Situation On July 5, 2005, the City Council introduced Ordinance No. 1476 to print, approving the requested Planned Development overlay zoning amendment for the Walter Brothers Center. Ordinance No. 1476 is now ready for adoption. The amended zoning designation will become effective 30 days after adoption of the ordinance. Significant Impacts The City Council determined that the project was categorically exempt, Class 1, Existing Structures, of the California Environmental QualityAct. Consequences of Not taking the Recommended Action If the Council does not adopt Ordinance No. 1476 (2005 Series), Ordinance No. 1457 (2004 Series) remains in full effect. ATTACE[MENT Ordinance No. 1476 CD-Plan/bkalkowski/PD/PD 43-05 WalterBros/SecondReadingRpt C.�—1 ORDINANCE NO. 1477 (2005 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING_ THE ZONING MAP TO CHANGE THE ZONING FOR PROPERTY AT 12398 LOS OSOS VALLEY ROAD FROM C-T TO C-S-S (GP/R/ER 19-05) WHEREAS, the Planning Commission of the City of San-Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on April 13, 2005 and recommended approval of Application GP/R/ER 19-05, a request to amend the City's Zoning Map designations from Tourist.Comtriercial (GT) to Service Commercial Special Considerations (C-S-S); and WHEREAS., the City Council of.the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on July 5, 2005, for the purpose of considering Application GP/R/ER 19-05; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and WHEREAS, the Council has reviewed and considered the Mitigated Negative Declaration of environmental impact for the project; and WHEREAS, the Council has duly considered all evidence, including the recommendation of the Planning Commission, testimony of interested parties, and the evaluation and recommendations by staff, presented at said hearing. WHEREAS, the City Council finds that the proposed rezoning is consistent.with.the General Plan,the purposes of the Zoning Regulations, and other applicable City ordinances; and 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 Mitigated Negative Declaration adequately addresses the potential environmental impacts of the proposed map amendment to the Zoning Regulations, and reflects the independent judgment of the City Council. The Council hereby adopts said Mitigated Negative Declaration. SECTION 2. Findings. The City Council makes the following findings: 1. The City Council finds and determines that the project's mitigated Negative Declaration adequately addresses the potential environmental impacts of the proposed project, and reflects the independent judgment of the Council. 2. The proposed rezoning is consistent with General Plan Land Use Element policies regarding Commercial zoning, which place a priority on maintaining areas for auto sales uses within the vicinity. C2- Ordinance No.(2005Series) GP/R 19-0 Page 2 3. The existing property is not conducive to large.scale tourist serving development since it is a very small site at the edge of the C-S district adjacent to existing retail and service uses. 4. This project site is subject to several criteria which clearly necessitate an overlay zone in order to ensure adequate review. The S overlay will allow the property to be zoned consistently with adjacent properties since adjacent C-S properties currently contain an S overlay zone. The following conditions warrant the S overlay zone: a. The property is within a 100-year flood zone. b. Los Osos.Valley Road is recognized as a road of high scenic value as cited within the General Plan.Circulation Element. c. As discussed in the General Plan analysis above, the Commercial Service parcels Within this vicinity are designated for auto sales and discretionary review should be required for new land uses in order to ensure that a shortage of land for auto sales uses will not occur. d. Planned improvements for Calle Joaquin at this location include a new four-way intersection and a traffic signal, therefore new development should be reviewed accordingly. e. Changes in occupancy will trigger the removal of gas station associated infrastructure and may require additional soils analysis and architectural review. SECTION 3. Action. The Zoning Regulations Map Amendment (GP/R 19-05) is hereby approved(Exhibit A). SECTION 4. 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 5`h day of July, 2005, AND FINALLY .ADOPTED by the Council of the City of San Luis Obispo on the _ day of _ , 2005, on the following roll call vote: AYES: NOES: ABSENT: Mayor David F. Romero C2 - 3 Ordinance No.(2005Series) GP/R 19-05 Page 3 ATTEST: City Clerk Audrey Hooper APPROVED AS TO FORM: Ci iney Jonathan Lowell GAPdtmsmore\Rezoning&PDs\19-05(Fmngie)\GPR 19-05 cc oid.doc