HomeMy WebLinkAbout07/17/2007, C8 - FINAL PASSAGE OF AN ORDINANCE AMENDING THE CITY'S ZONING MAP FROM R-2-SP & C/OS-SP-PD FOR THE CENTR council M�6�°� V1 ,07
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CITY OF SAN LUIS O B I S P O
FROM: John Mandeville, Community Development Director (M) Sor
Prepared By: Pam Ricci, Senior Planner FK
SUBJECT: FINAL PASSAGE OF AN ORDINANCE AMENDING THE CITY'S ZONING
MAP FROM R-2-SP & C/OS-SP TO R-2-SP-PD & C/OS-SP—PD FOR THE
CENTRAL 11-ACRE PORTION OF VESTING TENTATIVE TRACT MAP
NO. 2428 (PD 98-06, 3000 CALLE MALVA).
CAO RECOMMENDATION
Grant final passage to Ordinance No. 1506, approving a Mitigated Negative Declaration of
environmental impact, and amending the City's zoning map designation from R-2-SP, Medium-
Density Residential with the Specific Plan overlay, and C/OS-SP, Conservation/Open Space with
the Specific Plan overlay, to R-2-SP-PD,Medium-Density Residential with the Specific Plan and
Planned Development overlays and C/OS-SP, Conservation/Open Space with the Specific Plan
and Planned Development overlays, for the central 11-acre portion of the property located at
3000 Calle Malva,based on findings.
DISCUSSION
Situation
On July 3, 2007, the City Council introduced Ordinance No. 1506 to print, approving the
requested zoning amendment to add the Planned Development overlay zoning for a portion of the
site. Ordinance No. 1506 is now ready for final passage. The amended zoning designation will
become effective 30 days after final passage of the ordinance.
Significant Impacts
The City Council approved a Mitigated Negative Declaration for the zoning amendment request
on July 3, 2007, which concluded that the project would not have a significant adverse impact on
the environment.
Consequences of Not taking the Recommended Action
If the Council does not give final passage to the ordinance, the existing zoning would remain.
ATTACHMENT
Attachment 1: Ordinance No. 1506
LAMASR.Staff Reports\Ord. 1506(PD 98-06—second reading)
ATTACHMENT
ORDINANCE NO. 1506 (2007 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE MITIGATED NEGATIVE DECLARATION AND AMENDING THE
ZONING MAP TO CHANGE THE ZONING DESIGNATION FROM R-2-SP and C/OS-
SP TO R-2-SP-PD AND C/OS-SP-PD, ON APPROXIMATELY 10 ACRES AT 3000
CALLE MALVA,MARGARITA AREA SPECIFIC PLAN
(PD 98-06; KING VENTURES)
WHEREAS,the Planning Commission conducted a public hearing on May 23, 2007, and
recommended approval of the Mitigated Negative Declaration and amendment to the site's
Zoning as shown on Exhibit A; and
WHEREAS, the City Council held public hearing on July 3, 2007 and has considered
testimony of other 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 project's Mitigated Negative Declaration
of environmental impact;and
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. The City Council makes the following findings:
1. The project is consistent with the General Plan and the applicable Margarita Area Specific
Plan, and the proposed land uses are allowed within the applicable primary zoning districts,
both existing and proposed. The project provides exclusively residential and open space land
uses on the subject site as required by the General Plan, MASP, and applicable zoning
districts, accommodating the prescribed residential density ranges for Low, Medium and
Medium-High Density land use designations, along with a pro-rata share of Affordable
Housing required for the Western Enclave area of the MASP, and preservation of open space
as prescribed by the MASP.
2. The project complies with all applicable provisions of these Zoning Regulations including
those modifications as authorized herein by utilization of the PD Overlay rezoning.
3. The approved modifications to the development standards of Zoning Regulations through the
PD Overlay are necessary and appropriate to accommodate the superior design of the
proposed project, its compatibility with adjacent land uses, and its successful mitigation of
environmental impacts, because doing so enables concentrating more units within the central
portion of the site to achieve higher densities prescribed by the MASP while maintaining larger
lots and maximum setbacks in perimeter lots for privacy protection to adjacent developed areas
i
� ATTACHMENT
Ordinance No. 1506- (2007 Series)
Page 2
and allowing the open space lots to be centered on the alignment of the three drainage ways in
their natural state without relocation.
4. As conditioned, the project complies with all the applicable City Design Guidelines. Further,
the PD rezoning areas includes detached and attached single family construction that follows
the MASP Design Guidelines, including use of shared driveways, Craftsman architecture
utilizing wood and stucco exteriors, one and two-story buildings, front and back porches, side
and rear-loaded garages facing away from public streets, and common landscaping designs.
5. As conditioned all affected public facilities, services, and utilities are adequate to serve the
proposed project, particularly as relates to other already approved subdivisions within the
Western Enclave of the MASP, for which the utility, services and infrastructure needs were
designed comprehensively and in coordinated manner.
6. The location, size, site planning, building design features, and operating characteristics of the
project are highly suited to the characteristics of the site and surrounding neighborhood, and
will be compatible with.the character of the site, and the land uses and development intended
for the surrounding neighborhood by the General Plan and Margarita Area Specific Plan
because the subdivision design is respectful of adjoining, established neighborhoods by
placing fewer and larger lots next to these developments and accommodating the minimum
required rear yards prescribed in the MASP. Grade elevations have also been modified by the
revised subdivision design so that new buildings do not "tower" over established
neighborhoods.
7. The site is suitable for the project in terms of size, configuration, topography, and other
applicable features, and has appropriate access to public streets with adequate capacity to
accommodate the quantity and type of traffic expected to be generated by the use, since the
sloping constraints of the site have been designed predominantly as a single- family,
detached-style development. Access streets to the subdivision and connections to adjacent
existing and approved development are entirely consistent with the MASP Circulation
Element requirements and prior EIR conclusions with respect to location and capacity,
including provisions for construction of the Prado Road extension to Broad Street.
8. The establishment, maintenance, or operation of the proposed project, as conditioned, will
not, in the circumstances of the particular case, be detrimental to the health, safety, or general
welfare of persons residing or working in the vicinity of the proposed use, or detrimental or
injurious to property and improvements in the neighborhood or to the general welfare of the
City because, once completed, the project will be a logical and appropriate expansion of the
desired design and character of the residential neighborhoods of the community as prescribed
by the General Plan and MASP.
9. The project incorporates a minimum of two of four mandatory features to qualify for PD
Overlay Zoning as follows:
C 8' 3
ATTACHMENT
Ordinance No: 1506— (2007 Series)
Page 3
a. The project will preserve, enhance, and/or create a significant natural feature with a
minimum area of one-half acre. The project proposes the creation.of 6 lots that will
encompass a total of 73 acres (about 73% of the total site) for open space use pursuant to
the requirements of the MASP. A donation of one such lot, Lot 178, comprising 71 acres
along the south face of the South Hills, has already been offered to and accepted by the
City as a conservation easement and ultimately, fee title. This lot will be preserved as a
permanent open space, the use of which will be enhanced through maintenance of
wildland fire green-breaks, controlled public access and connection to other linear open
space lots, centered on the site's three existing drainage ways, via a system of trails/paths
connecting to and through adjacent existing and approved subdivisions consistent with
requirements of the MASP.
b. The project will provide a substantial public amenity, for example, a significant public
plaza, a public park, or a similar improved open space feature, including provisions for
guaranteed long-term maintenance not at the expense of the City. The project includes
development of trails, public streets, public parking, habitat enhancement and open
space/wildland fuel management as a part of the construction and on-going operation of
the residential/planned development project. Public benefits will accrue from the
project's preservation of natural creek channels largely in their natural form and location,
and a carefully integrated parallel storm water runoff collection system (serving the entire
Western Enclave development), and introduction of paths and trails to allow public
access to these areas, while also accommodating the public benefit of access to and
management of these waterways by the proposed Homeowners' Association for the tract
and Western Enclave.
SECTION 2. The Zoning Map Amendment is hereby approved and the central
approximately 11 acres of the property rezoned to Planned Development (R-2-SP-PD and C/OS-
SP-PD) as shown on the attached Exhibit A subject to the following conditions and conditions of
approval as set forth in Resolution No. XXX (2007 series) approving related VTM No. 2428.
1. Minimum lot widths in the R-2-PD zone shall be 35 feet.
2. Public street side yard setbacks shall be no less than 10 feet to the residence from edge of
right-of-way and no less than 20 feet to the garage that has access to the public street.
.3. Street-side setbacks on private streets shall be no less than 5 feet to the residence and no .
less than 20 feet to the garage from centerline of the private street for lots 117 through 137;
for all other lots, no less than 15 feet from garages to the centerline of the private street and
no less than 5 feet for all other non-street fronting side and rear yard setbacks.
4. Except for driveways in front of garages or where guest parking is provided, all yard
setback areas shall be landscaped.
- ATTACHMENT
Ordinance No. 1506— (2007 Series)
Page 4
5. Lot coverage by structures shall be no more than 75% of total net lot areas, excluding
garages and carports, patios, decks and roof overhangs.
6. Upper floor setbacks from property lines need not be more than as required for the ground
floor portion of the structure.
7. All patio areas exterior to the residence may not exceed an aggregate total area of 500
square feet.
8. No exterior patio fence/wall heights may exceed a maximum height of 42 inches (3-1/2
feet).
9. Driveway depths for garages facing private streets shall be designed to accommodate a
parking space in front of a garage that prevents the parked vehicle from encroaching into the
travel lane of the common area portion of the drive or street. Variations of design to meet
this performance standard will be subject to approval of the Community Development
Director and final plans shall be reviewed and approved by the ARC.
10. In no event will a floor plan for a lot be allowed that provides more bedrooms than allowed
by the MASP for the size of the lot.
11. Development within the central Planned Development overlay area shall be developed
consistent with plans dated January 2007 on file at the City Community Development
Department, except as otherwise required by mitigations and conditions set forth herein and
by Conditions of Approval required in Resolution No. XXX approving the Vesting
Tentative Map No. 2428.
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 the thirty (30) days after its final passage or upon final approval of the
annexation by the Local Agency Formation Commission, whichever occurs later.
INTRODUCED on the 3rd day of July 2007, AND FINALLY ADOPTED
by the Council of the City of San Luis Obispo at its meeting held on the 17th day of
July , 2007, on a motion of , seconded by and on
the following roll call vote:
AYES:
NOES:
ATTACHMENT
Ordinance No. 1506— (2007 Series)
Page 5
ABSENT:
Mayor David F. Romero
ATTEST:
City Clerk Audrey Hooper
APPROVED AS TO FORM:
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gity Attorney Jonathan P.Lowell
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