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Home My WebLink About05/20/2008, C4 - ADOPTION OF AN ORDINANCE REZONING PROPERTY AT 667, 679, 699 MONTEREY STREET AND 1010 THROUGH 1023 B counuA _1' Maariee Daa� �0 j ac,Enda nEpom CITY OF SAN LUIS OBISPO FROM: John Mandeville, Community Development Director Prepared By: Philip Dunmore, Associate Planner SUBJECT: ADOPTION OF AN ORDINANCE REZONING PROPERTY AT 667,679,699 MONTEREY STREET AND 1010 THROUGH 1023 BROAD STREET TO C-D-H-S AND 1045 BROAD STREET TO PF- H(GP/R 6407) CAO RECOMMENDATION Adopt Ordinance No. 1514. DISCUSSION Background On April 15, 2008, the City Council voted 5 to 0 to introduce Ordinance No. 1514 to print, amending the City's Zoning Map for property at 667, 679 and 699 Monterey Street and 1019, 1021, 1023 Broad Street from Office-Historic (O-H) to Downtown- Commercial-Historic-Special Considerations (C-D-H-S) and 1010 Broad Street from Public Facilities-Historic (PF-H) to Downtown-Commercial-Historic-Special Considerations (C-D-H-S) and 1045 Broad Street from Office-Historic to Public Facilities-Historic (PF-H). Ordinance No. 1514 is now ready for adoption. The new zoning designation will become effective 30 days after its adoption. The City Council adopted a Mitigated Negative Declaration for the project that concluded that no significant environmental impacts are anticipated with the re-zoning of the property. ALTERNATIVE If the Council does not adopt the ordinance, the zoning designation of the property would remain as is, until alternative zoning designations are approved. ATTACHMENT Ordinance No. 1514 G:\CD-PLAN\Pdunsmore\Rezoning&GPA's\GPA 64-07(Monterey St rezone)\CC 2nd read 64-07.doc ALL twachme nt 1 ORDINANCE NO. 1514 (2008 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE ZONING MAP TO CHANGE THE ZONING FOR PROPERTY AT 667 THROUGH 669 MONTEREY STREET AND 1019 THROUGH 1023 BROAD STREET FROM OFFICE-HISTORIC (O-H) TO DOWNTOWN-COMMERCIAL- HISTORIC-SPECIAL CONSIDERATION (C-D-H-S) AND FROM PUBLIC FACILITY- HISTORIC (PF-H) TO DOWNTOWN-COMMERCIAL-HISTORIC-SPECIAL CONSIDERATIONS FOR PROPERTY AT 1010 BROAD STREET AND FROM OFFICE (0)TO PUBLIC FACILITY-HISTORIC (PF-H)AT 1045 BROAD STREET (GP/R/ER 64-07) 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 February 27, 2008 and recommended approval of Application GP/R/ER 64-07, a request to amend the City's Zoning Map designations as noted above; 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 April 15, 2008, for the purpose of considering Application GP/R/ER 64-07; 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 City Council finds and determines that the project's Mitigated Negative Declaration adequately addresses the potential environmental impacts of the proposed project, and cy z '1 Attachment 1 Ordinance No.(2008 Series) GP/R 64-07 Page 2 reflects the independent judgment of the Commission. 2. The proposed rezoning is consistent with General Plan Land Use Element policies regarding Downtown zoning, which designate such districts for locations that are appropriate to serve cultural facilities,mixed-use projects and specialty retail uses. 3. The proposed land use amendment will facilitate implementation of the Conceptual Physical Plan for the City's Center and will help to stimulate redevelopment of underutilized properties within the downtown core. 4. A Special Consideration (S) overlay zone shall be applied in order to ensure adequate review of building massing and setbacks and create a specifically refined list of allowed land uses. The proximity to the creek, the size and configuration of the property and adjacent lower density office and residential uses warrant the refined land use list and requirement for a Planning Commission Use Permit. SECTION 3. Action. The Zoning Regulations Map Amendment (GP/R 64-07) is hereby approved as shown in Exhibit A, and subject to an S-overlay zone with the following criteria: 1. A Planning Commission Use Permit shall be required for all new structures or substantial remodels and additions to existing structures. 2. In reviewing the Use Permit, the Planning Commission shall find that the design of structures shall be compatible and complementary to structures on adjacent properties. Complementing the design of historic structures shall take precedent over complementing design of other existing buildings. Building massing, articulation, exterior materials, roof treatment, and quality shall be compatible with adjacent and nearby historic structures. 3. The following land uses shall be prohibited unless approved as an accessory use to a hotel or restaurant: Night Club Fitness/Health Facility Bar/Tavern 4. Due to traffic, noise generation, and development character along the street, the following land uses shall be prohibited facing Monterey Street between Broad and Nipomo Streets: Medical Services Fitness/Health Facility(when allowed as an accessory use) Night Club (when allowed as an accessory use) Bar/Tavern(when allowed as an accessory use) Banks and financial services � y� Attachment 1 Ordinance No.(2008 Series) GP/R 64-07 Page 3 5. The following uses may be allowed with approval of an administrative use permit: General Retail-more than 2,000 square feet 6. Maximum building height shall not exceed 50 feet as measured from average natural grade. 7. Final design plans for the Art Center at 1010 Broad Street and the redevelopment of the Lietcher Apartment site at 667 Monterey Street shall be subject to review and approval by the City Council. 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 15th day of April, 2008, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the _ day of , 2008, on the following roll call vote: AYES: NOES: ABSENT: Mayor David F. Romero ATTEST: City Clerk Audrey Hooper APPROVED AS TO FORM: Ci Att ey Jonathan Lowell GXD-P[AN\Pdunsmore\Rezoning&GPA's\GPA 64-07(Monterey St rezone)\GPR 64-07 DRAFT cc ord.doc cyy Attachmc it 1 Exhibit A Ordinance 1514 General Plan Amendment / Rezone 64-07 Q PF-H o-H y -D-H-S C oP C-D- -S 0 c-o P-F-H P-F-H X090 yA o c- �y�