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HomeMy WebLinkAbout10/17/2006, C2 - ADOPTION OF ORDINANCE NO. 1498 COUnaLC' j, aGEnaa Rep= "®"..b� � CITY OF SAN LUIS OBISPO FROM: John Mandeville, Community Development Director Prepared By: Philip Dunsmore, Associate Planner SUBJECT: ADOPTION OF ORDINANCE NO. 1498 CAO RECOMMENDATION Adopt Ordinance No. 1498 modifying the zoning at 1106 Oceanaire Drive from R-2-PD to R-3 (GP/R 45-06). DISCUSSION Background On September 19, 2006, the City Council voted 5 to 0 to introduce Ordinance No. 1498 to print, amending the City's Zoning Map for property at 1106 Oceanaire Drive from Medium Density Residential Planned Development (R-2-PD) to Medium High Density Residential (R-3). Ordinance No. 1498 is now ready for adoption. The new zoning designation will become effective 30 days after its adoption. The City Council adopted a Negative Declaration for the project that concluded that no significant environmental impacts are anticipated with the re-zoning of the property. ALTERNATIVE Council could choose not to adopt the ordinance. The zoning designation of the property would then remain as is, until alternative zoning designations are approved. ATTACHMENT Ordinance No. 1498 G:\CD-PLAN\Pdunsmore\Rezoning&PDs\Windemere GPR 45-06\CC 2nd read 45-06.doc o ORDINANCE NO. 1498 (2006 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE ZONING MAP TO CHANGE THE ZONING FOR PROPERTY AT 1106 OCEANAIRE DRIVE FROM R-2-PD TO R-3 (GP/R/ER 45-06) 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 May 10, 2006 and recommended approval of Application GP/R/ER 45-06, a request to amend the City's Zoning Map designations from R-2-PD to R-3; 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 September 19, 2006, for the purpose of considering Application GP/R/ER 45-06; 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 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; and 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. 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 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 Negative Declaration. SECTION 2. Findings. The City Council makes the following findings: 1. The project's Negative Declaration adequately addresses the potential environmental impacts of the proposed project, and reflects the independent judgment of the Council. 2. The proposed General Plan map amendment is consistent with General Plan Land Use Element policies regarding multi-family residential zoning since the existing project is consistent with the Medium High Density Residential land use description and the project is within a location that creates a logical extension of the R-3 district. �,2-z • o Ordinance No. (2006 Series) GP/R 45-06 Page 2 3. The proposed project is consistent with the City's General Plan Housing Element since it logically allows for higher density residential zoning and an additional dwelling unit without impacting adjacent properties or the existing layout of the condominiums. 4. The proposed recreation amenities are suitable to replace the indoor recreation amenities and comply with the intent of the City's Subdivision Regulations. 5. The proposed minor subdivision to allow the individual sale of one new residential unit in place of the recreation unit is consistent with the City's Subdivision Regulations. 6. The pedestrian easement will facilitate necessary recreational amenities to the condominium project as required by the Municipal Code for large scale condominium projects in the R-3 zone, since the proposed path and bridge will allow direct access to a public park. 7. The pedestrian easement is consistent with General Plan Land Use Element Policies, LU 2.1.4; 2.2.6 and 2.2.12 which encourage the incorporation of neighborhood linkages and pedestrian connections. 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 19`h day of September, 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: cz o c Ordinance No. (2006 Series) GP/R 45-06 Page 3 AYES: NOES: ABSENT: Mayor David F. Romero ATTEST: City Clerk Audrey Hooper APPROVED AS TO FORM: aomey Jonathan Lowell GACD-PLAN\Pdunsmorc\Rezoning&PDAWindemere GPR 45-MGPR 45-06 DRAFT cc ord.doc EXHIBIT A LU R-3 !0S OP 00 ._ OU 9 Ilk- R-3 . 1106 Oceanaire General Plan designation to be modified from Medium Density Residential to Medium High Density Residential,Zoning from R-2-PD,to R-3 �z-s