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Home My WebLink About01/03/2006, C2 - ADOPTION OF ORDINANCES AMENDING CHAPTER 4.30 OF THE CITY OF SAN LUIS OBISPO'S MUNICIPAL CODE MODIFY %I counatIMe,D9 acEnaa Pwpom I'�" z. CITY OF SAN LUIS OBISPO FROM: John Mandeville, Community Development Direc r Prepared By: Jaime Hill, Associate Planner SUBJECT:ADOPTION OF ORDINANCES AMENDING CHAPTER 4.30 OF THE CITY OF SAN LUIS OBISPO'S MUNICIPAL CODE MODIFYING THE DOWNTOWN PARKING IN-LIEU FEE AREA TO INCLUDE 1221 NIPOMO, AND; AMENDING THE CITY'S ZONING MAP FOR THE PROPERTY AT 1221 NIPOMO FROM HIGH-DENSITY RESIDENTIAL (R-4) TO DOWNTOWN COMMERCIAL WITH THE MIXED-USE COMBINING OVERLAY (C-D-MU), AND ADDITION OF A MIXED-USE COMBINING OVERLAY TO THE DOWNTOWN COMMERCIAL ZONING AT 1213 NIPOMO AND 577 AND 579 MARSH STREETS (C-D-MU); GP/R/ER 160-05. CAO RECOMMENDATION Adopt Ordinance No. 1487 amending Chapter 4.30 of the City of San Luis Obispo's Municipal Code modifying the Downtown Parking In-Lieu Fee Area to include 1221 Nipomo, and; adopt Ordinance No. 1488 amending the City's zoning map designation for the property at 1221 Nipomo from High-Density Residential (R-4) to Downtown-Commercial with the Mixed-Use combining overlay (C-D-MU), and the addition of a Mixed-Use combining overlay to the Downtown Commercial Zoning at 1213 Nipomo and 577 and 579 Marsh Streets, based on findings. DISCUSSION Situation On December 6, 2005, the San Luis Obispo City Council voted 5-0 to introduce Ordinance Nos. 1487 and 1488 amending the Municipal Code to modify the Downtown Parking In-Lieu Fee Area and requested zoning for the properties. Ordinance Nos. 1487 and 1488 are now ready for adoption. The amended Downtown Parking In-Lieu Fee Area and zoning designations will become effective 30 days after their adoption. Significant Impacts The City Council approved a Mitigated Negative Declaration for the Downtown Parking In-Lieu Fee Area modification and zoning amendments requests on December 6, 2005, which concluded that the project would not have a significant adverse impact on the environment with the incorporation of mitigation measures included in the Mitigation Monitoring Program (Section 1 of attached Ordinance No. 1488). Council Agenda Report—Second Reading of Ordinance No. 1487 and 1488 Page 2 Consequences of Not Taking the Recommended Action If the Council does not adopt the ordinances, the boundaries of the Downtown Parking In-Lieu Fee Area would remain the same, and the existing High-Density Residential zone (R-4) at 1221 Nipomo and Downtown Commercial zone (C-D) at 1213 Nipomo and 577 and 579 Marsh Streets would remain. ATTACHMENTS: 1. Vicinity Map 2. Ordinance No. 1487 3. Ordinance No. 1488 G:UHill\GPA and RZ\GPS-R 160-05(1221 Nipomo)\GP-R 160-05 Council\Ordinance 1487 and 1488(GP-R 160-05 Second Reading).DOC �z -z _ Atta:hment 1' O-H -D-H-PD D-H e- H PF-H C-D O CA R-3 C4D C-D-H C-D-H a C-D CA �,P CA C-R 6 O C-D 0 C-R o- R-2-H F � cR 4 PFi1 R3 R3 �♦O t-3 R-3-H C-® R3 R•2-H ♦O VICINITY MAP File No. 160-05 N 1221 NIPOMO A �z -3 Attachment 2 ORDINANCE NO. 1487 (2006 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING CHAPTER 4.30 OF THE CITY OF SAN LUIS OBISPO'S MUNICIPAL CODE MODIFYING THE DOWNTOWN PARKING IN-LIEU FEE AREA TO INCLUDE 1221 NIPOMO; GP/R/ER 160-05 WHEREAS, the City requires that all new development provide adequate parking to meet newly created demand; and WHEREAS, the City currently has a parking in lieu fee program established for eligible properties in the downtown with the C-D zoning designation; and WHEREAS, the Planning Commission conducted a public hearing on November 9, 2005 and recommended approval a General Plan amendment and rezoning of 1221 Nipomo to Downtown Commercial (C-D), and including amendment to the City's Municipal Code for it's inclusion in the Parking In-Lieu Fee Area; and WHEREAS, the City Council conducted a public hearing on December 6, 2005, and has considered testimony of interested parties, the records of the Planning Commission hearing and action, and the evaluation and recommendation of staff; and WHEREAS, the City Council finds that the proposed revision is consistent with the General Plan, the purposes of the Downtown Parking In-Lieu Fee Area, and other applicable City ordinances; and WHEREAS, the City Council has considered the Mitigated Negative Declaration prepared for the property as described in a separate resolution approving the General Plan Map amendment; and BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. The City Council makes the following findings 1. The inclusion of 1221 Nipomo in the Downtown Parking In-Lieu Fee Area is consistent with the General Plan text policies, which encourage a walkable commercial core, with parking provided in peripheral structures. 2. 1221 Nipomo may benefit by participation in the Downtown Parking In-Lieu Fee Program, thereby promoting the economic well being of the downtown area and supporting policies of the City General Plan. SECTION 2. The amendment of Section 4.30.015 of the City of San Luis Obispo's Municipal Code modifying the Downtown Parking In-Lieu Fee Area is hereby approved as identified within Exhibit A. �z -y Attachment 2 Ordinance No. 1487 (2006 Series) Page 2 SECTION 3. 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 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 day of 2006, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the day of 2006, on the following roll call vote: AYES: NOES: ABSENT: Mayor David F. Romero ATTEST: City Clerk Audrey Hooper APPROVED AS TO FORM: C orney Jonathan Lowell G:UHiII\GPA and RZ\Map Amendments\GPS-R 160.05(1221 Nipomo)\GP-R 160-05 Council\Council Parking Ordinance 160-05.doc LA 6''M I AAA �m M V �0Q `q 1221 Nipomo Parkin In-Lieu Fee Area Ma ® Parking District Boundary Parking p ® 1221 Nipomo GPR/R/ER 160-05 ® C D 1221 Nipomo M PF ez -Z Attachment 3 ORDINANCE NO. 1488 (2006 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE ZONING MAP FOR THE PROPERTY AT 1221 NIPOMO FROM HIGH-DENSITY RESIDENTIAL (R-4)TO DOWNTOWN COMMERCIAL WITH THE MIXED USE COMBINING OVERLAY(C-D-MU), AND; ADDITION OF A MIXED-USE COMBINING OVERLAY TO THE DOWNTOWN COMMERCIAL ZONING AT 1213 NIPOMO AND 577 AND 579 MARSH STREETS (C-D-MU); GP/R/ER 160-05 WHEREAS, the Planning Commission conducted a public hearing on November 9, 2005 and recommended approval of amendments to the City's Zoning Map; and WHEREAS, the City Council conducted a public hearing on December 6, 2005, and has considered testimony of interested parties, the records of the Planning Commission hearing and action, and the evaluation and recommendation of staff; and WHEREAS, the City Council finds that the proposed revisions are consistent with the General Plan,the purposes of the Zoning Regulations, and other applicable City ordinances; and WHEREAS, the City Council has considered the Mitigated Negative Declaration prepared for the property as described in a separate resolution approving the General Plan Map amendment; and BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council finds and determines that the project's Negative Declaration adequately addresses the potential significant environmental impacts of the proposed project, and reflects the independent judgment of the City Council. The Council hereby adopts said Negative Declaration and incorporates the following mitigation measures into the project: Land Use and Planning 1. To provide a suitable transition to the adjacent High-Density Residential (R-4) property at the corner of Nipomo and Pacific Streets, the future development of this site which is being redesignated as C-D-MU shall comply with the R-4 development standards for height and setbacks. Monitoring Program: Compliance with this requirement shall be monitored through the review of detailed plans submitted for architectural review and building permit primarily by the Community Development Department staff. Noise 2. The construction of future residential uses shall be accompanied by an acoustical analysis (noise study) to ensure that interior spaces and exterior private use areas are designed to Attachment 3 Ordinance No. 1488 (2006 Series) Page 2 mitigate noise impacts to levels determined acceptable by the City's General Plan Noise Element. Specific construction details shall be identified as recommendations in the study. Monitoring Program: Compliance with this requirement shall be monitored through the review of detailed plans and the acoustical analysis submitted for architectural review and building permit primarily by the Community Development Department staff. Transportation/Traffic 3. The applicant shall provide or pay in lieu fees for the four additional parking spaces. 'These four (4) spaces shall not be reduced through shared or mixed-use reductions, or other parking reductions established for the Downtown Commercial zone included in Section 17.42 of the Municipal,Code. Monitoring Program: Compliance with this requirement shall be monitored through the review of detailed plans submitted for building permit primarily by the Community Development Department staff. Parking in-lieu fees shall be paid prior to building permit issuance for the proposed development project if applicable. Parking calculations for redevelopment of this site shall separate the provision of these four parking spaces from the project's other parking requirements so the provision of these .spaces are not reduced through shared or mixed-use reductions, or other parking reductions established for the Downtown Commercial zone included in Section 17.42 of the Municipal Code. SECTION 2. Findings. The City Council makes the following findings: 1. The rezonings are consistent with the General Plan text policies and implements Housing Element goals by allowing increased residential density in the downtown. 2. The proposed rezoning of 1221 Nipomo to C-D-MU will increase the residential density allowed on the property, and with the Combing designation will provide a transition from the residential uses to the south to the commercial core. 3. The application of the Mixed-Use combining zone is necessary and appropriate to ensure a residential component is part of any future redevelopment of the properties, and that future. projects are compatible with adjacent land uses. 4. A Mitigated Negative Declaration was prepared by the Community Development Department on October 27, 2005. The City Council finds and determines that the project's mitigated - Attachment 3 Ordinance No. 1488 (2006 Series) Page 3 Negative Declaration adequately addresses the potential significant environmental impacts of the proposed project. SECTION 3. The Zoning Regulations Map Amendment (R 160-05) is hereby approved as identified within 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 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 day of . 2006, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the day of 2006, on the following roll call vote: AYES: NOES: ABSENT: Mayor David F. Romero ATTEST: City Clerk Audrey Hooper APPROVED AS TO FORM: Ci orney Jonathan Lowell G:UHill\GPA and RZUNap Amendments\GPS-R 160-05(1221 Nipomo)\GP-R 160-05 Council\Council Zoning Ordinance 160-05.doc c� - 9 C C-D-H \ \ I C-D C-D Currently C-D, C-D Proposed C-D-MU \`GDNNN \ NN `\ Currently R-4, R-2-H C-R Proposed C-D-MU NN \ PF-H \ NN NN R4 R-3-H/ \\ \ R-2- Zoning Map Legend ® Zoning Boundary ® 1221 Nipomo GPR/R/ER 160-05 ME 1213 Nipomo, 577 & 597 Marsh cz -id