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Home My WebLink About07/15/2008, C6 - ADOPTION OF AN ORDINANCE APPROVING A PLANNED DEVELOPMENT OVERLAY MODIFICATION FOR THE WALTER BROTHE counuL "' ° 17/1s AO j acEnaa Report CITY OF SAN LUIS OBISPO FROM: John Mandeville, Community Development Director Prepared By: Brian Leveille, Associate Planner SUBJECT: ADOPTION OF AN ORDINANCE APPROVING A PLANNED DEVELOPMENT OVERLAY MODIFICATION FOR THE WALTER BROTHERS CENTER LOCATED AT 3190-3250 SOUTH HIGUERA STREET (PD 41-08). CAO RECOMMENDATION Adopt Ordinance No. 1518. DISCUSSION Background On June 17, 2008, the Council of the City of San Luis Obispo voted 5-0 to introduce Ordinance No. 1518 (2008 Series) which removes the prohibition of real estate offices in the allowed/prohibited uses list for the Walter Brothers Center Office-Planned Development Overlay (3190-3250 South Higuera Street). Ordinance No. 1518 is now ready for final passage. The modified Planned Development Overlay will become effective 30 days after its adoption. ALTERNATIVE If the Council does not adopt the ordinance, the Planned Development Overlay of the Walter Brothers Center would remain as is prohibiting real estate offices. ATTACHMENT Ordinance No. 1518 G:\bleveille\2nd Reading\CC 2nd Read 41-08(Walter Brothers).doc C� -2. - ' ATTACHMENT ORDINANCE NO. 1518 (2008 Series) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A PLANNED DEVELOPMENT OVERLAY MODIFICATION FOR THE WALTER BROTHERS CENTER LOCATED AT 3190-3250 SOUTH HIGUERA STREET (PD 41-08) WHEREAS, the Planning Commission conducted a public hearing on May 14, 2008, and recommended approval of the project; and WHEREAS, the City Council conducted a public hearing on June 17, 2008, and has considered testimony of interested parties, the records of the Planning Commission hearing and action, and the evaluation and recommendation of staff. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of San Luis Obispo as follows: SECTION 1. The City Council finds and determines that the project is categorically exempt under Section 1.5301, Existing Facilities, of the CEQA Guidelines because it does not involve physical changes to the environment. SECTION 2. Findings. That this Council, after consideration of Walter Brothers Center Planned Development Overlay Modification and the Planning Commission's recommendations, staff recommendations, public testimony, and reports thereof, makes the following findings: 1. The request for removing real estate offices from the list of prohibited uses in the Planned Development is consistent with the General Plan because the Land Use Map designation for the property is Office, which allows real estate offices under the Office-Business and Service land use category. 2. The approval of the request will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity of the subject property, or be injurious to the general welfare of the City because no demonstrated evidence exists to support that removing the prohibition on real estate offices in the Walter Brothers Center will be detrimental to the City's desire for concentrated government centers. 3. The proposed modifications to the Planned Development overlay conditions and allowed uses do not result in physical modifications to the site, and are therefore exempt from environmental review in accordance with the California Environmental Quality Act (CEQA). SECTION 3. Approval & Revised Conditions. The request to remove real estate offices as a prohibited use from the Walter Brothers Center PD overlay is hereby approved, and is reflected in the following revised conditions: 1. Except as otherwise noted in these conditions of approval, all zoning regulations for the Office zone shall apply. 02(c- 2_ ATTACHMENT Ordinance No. 1518 (2008 Series) Page 2 of 2 2. Preference shall be given to governmental social service office uses; owners shall seek tenants for available lease spaces among local, state, and federal social service agencies prior to seeking tenants among alternative office uses. 3. Tenants other than governmental social service agencies, quasi-governmental social services businesses, private non-profit social services providers, and private offices whose business relates directly and primarily to social services, shall not occupy more than 70% of the gross lease spaces on the subject parcels. 4. Uses allowed and prohibited within this O-PD zone shall be as provided in Exhibit A attached. SECTION 4. A summary of this ordinance, together with the names of the 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 2008, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the day of , 2008, on the following vote: AYES: NOES: ABSENT: Mayor David F. Romero ATTEST: City Clerk Audrey Hooper APPROVED AS TO FORM: C ty A.Atto ey Jonathan P. Lowell CD-PlanBleveille/PDAmendl2^4ReadIPD 41-08 Ordinancefinal.doc ATTACHMENT EXHIBIT A—PD 41-08 ALLOWED/PROHIBITED USES —WALTER CENTER Uses allowed and prohibited within this O-PD zone shall be as provided in the following list. Symbols following each listed use shall have the following meaning: A Type of use allowed without use permit approval. D Type of use allowed if an administrative use permit is approved. PC Type of use allowed if a use permit is approved by the Planning Commission. NO Type of use which is not allowed. * Type of use which is not subject to floor area requirements in Section 4 above. ** Type of use which is only incidental and non-customer serving functions shall be allowed. Advertising and related services A Ambulance services NO Banks and savings and loans A Broadcast studios A Caretaker's quarters NO Cemeteries, mausoleums, columbariums NO Christmas trees sales (see Section 17.08.O10D) NO Churches, synagogues, temples, etc. NO Circus, carnival, fair, festival, parades NO (see Section 17.08.010E) Computer Services A Convalescent hospitals NO Credit reporting and collection A Credit unions and finance companies A** Delivery and private postal services D Detective and security services A AltAUHMNI Exhibit A of Ordinance No. (2008 Series) Application No. PD 41-08 Page 2 of 3 Dwellings NO Employment agencies A* Government agency offices and meeting rooms A* Homeless shelters (see Section 17.08.110) PC Hospitals NO Insurance service—local A Insurance services—regional office A Laboratories (medical, analytical) PC Mortuaries NO Offices (contractors)—all types of general and special A building contractor's offices Offices (engineering)—engineers and industrial design A Offices (professional)—Professional offices consistent A with the Land Use Element are allowed. Realter-s-a=e Organizations (professional, religious, political, labor, A fraternal, trade, youth, etc.), offices and meeting rooms Photocopy services; quick printers A Residential care facilities—6 or fewer residents NO Residential care facilities—more than 6 residents NO Schools -Nursery schools, child day care A - Business trade, recreational, or other D specialized schools Secretarial and related services (court reporting, A stenography, typing, telephone answering, etc.) ATTACHMENT Exhibit A of Ordinance No. (2008 Series) Application No. PD 41-08 Page 3 of 3 Social services and charitable agencies A* Telegram office A Ticket/travel agencies A Utility companies -Corporation yards NO - Customer account services A (bill paying and inquiries) - Distribution and transmission facilities NO (see Section 17.08.050) - Engineering and administrative offices A - Payment drop points A Veterinarians NO