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Home My WebLink About10/21/2008, C8 - ADOPTION OF AN ORDINANCE AMENDING THE CITY'S ZONING MAP TO ADD THE MIXED-USE (MU) OVERLAY ZONING TO I I council M °o j ac,EnOa nEpout ]�NumbaCg C I T Y OF SAN LU I S O B I S P O FROM: John Mandeville, Community Development Direor Prepared By: Pam Ricci, Senior Planner SUBJECT: ADOPTION OF AN ORDINANCE AMENDING THE CITY'S ZONING MAP TO ADD THE MIXED-USE (MU) OVERLAY ZONING TO THE VILLAGE AT BROAD STREET PROJECT EXISTING ZONING DESIGNATIONS OF C-N-H, C-S-H, and C-S-S-H AT 2238 BROAD AND 642 & 2201 EMILY STREET (ER/R 70-08). CAO RECOMMENDATION Adopt Ordinance No. 1522, which adds the Mixed Use (MLT) overlay zoning to the Village at Broad Street Project's existing zoning designations of C-N-H, C-S-H, and C-S-S-H. DISCUSSION Background On October 7, 2008, the City Council voted 5 to 0 to introduce Ordinance No. 1522 approving the requested rezoning. Ordinance No. 1522 is now ready for adoption. The amended zoning for the property will become effective 30 days after final passage of the ordinance. Significant Impacts The City Council reaffirmed the adopted Mitigated Negative Declaration as updated by the Addendum on October 7, 2008, 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. Consequences of Not Taking the Recommended Action If the Council does not give final passage to the ordinance, then the existing zoning designations on the site would remain. This would not enable Building E to be constructed to its requested height of 45 feet without the separate processing and approval of a Variance application. In addition, without the MU overlay, a future development project proposed on the site would not be mandated to be a mixed-use project. ATTACHMENT Ordinance No. 1522 LAVillage at Broad Staff Repons\Ord. 1522(R 70-078—second reading) ---Attachment 1 ORDINANCE NO. 1522 (2008 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE ZONING MAP TO ADD THE MIXED-USE (MU) OVERLAY TO THE EXISTING ZONING CATEGORIES ON THE SITE FOR THE PROPERTIES LOCATED AT 2238 BROAD STREET,AND 642 & 2201 EMILY STREET; R/ER 70-08 WHEREAS, the Planning Commission conducted a public hearing on September 10, 2008, and approved Use Permit#U 70-08 to allow the proposed mixed-use development with 74 dwellings and about 35,000 square feet of commercial floor area, and recommended to the Council approval of the proposed MU overlay zoning (R/ER 70-08); 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 October 7, 2008, pursuant to a proceeding instituted under application R/ER 70-08, RMD Development, applicant; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the City Council has considered the Mitigated Negative Declaration (MND) of environmental impact that was previously approved by the Council on July 18, 2006, and the Addendum prepared to update the MND and endorsed by the Planning Commission; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. BE IT ORDAINED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. 1. The proposed rezoning is consistent with the goals and policies of the General Plan; including Land Use Element Policy 3.8, Mixed Uses, which states that "Compatible mixed uses in commercial districts should be encouraged." 2. The planned development of the site and proposed uses will comply with the MU zone, are compatible with each other and their surroundings, and are consistent with the General Plan (SLO Municipal Code Section 17.55.020C.). 3. The project is consistent with the purpose of the Mixed Use overlay zone which is to allow the combining of uses on a site which otherwise would be optional. 4. The mixed uses provide greater public benefits than single use development of the site including: Attachment 1 Ordinance No. 1522(2008 Series) Page 2 a. services which benefit on-site workers, as well as neighbors; b. reduced auto travel by providing services and jobs in close proximity to nearby housing; and c. support for the development of alternative transportation opportunities by providing facilities for bicycles and a bus stop and shelter. 5. The proposed building height of 45 feet is hereby approved with the Mixed Use overlay zoning to more effectively accommodate proposed housing in Building E because: a. it is consistent with Section 17.55.030 of the Mixed Use zone chapter of the Zoning Regulations, which states that "the application of the MU overlay to property may include establishing a higher height limit than the underlying zone, to more effectively accommodate the residential component of a mixed use project"; b. a building of essentially the same height was previously approved in the same general location; and c. the ARC found with their conceptual review of the project on July 21, 2008 that the added height would not result in significant aesthetic impacts. 6. The Planning Commission has reviewed and considered the information contained in this addendum in its consideration of the Mitigated Negative Declaration ER 62-05 and finds that the preparation of a subsequent Negative Declaration is not necessary because: a. None of the circumstances included in Section 15162, which require a subsequent Mitigated Negative Declaration have occurred, specifically: i. The project changes do not result in new or more severe environmental impacts. ii. The circumstances under which the project is undertaken will not require major changes to the Mitigated Negative Declaration. iii. The modified project does not require any substantive changes to previously approved mitigation measures. b. The proposed additions and changes are minor and generally consistent with the previous mixed-use project approved for the same site by the City Council on July 18, 2006. c. The changes are consistent with City goals to promote the intensification of infill sites and goals to provide a variety of housing types in the community. d. The proposed scale and design of buildings will be compatible with surrounding uses with the review and approval of project plans by the City's Architectural Review Commission, consistent with the City's General Plan, Zoning Regulations, Railroad District Plan, and Community Design Guidelines. i Ordinance No. 1522 2008 Series Attachment 1 Page 2 SECTION 2. Action. The Zoning Regulations Map Amendment (R/ER70-08) is hereby approved as identified within Exhibit A. 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 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: City omey Jonathan Lowell GACD-PLAMPricci\Village at Broad\Village at Broad MU Rezoning �rip INPA N Q41 r IC Add M 4 S r I !✓•• 11.1'p�l /. .�.. � overlay to -rySzo u tah ounderlying zoning I t(. _ ^ •'t'ie`r•` jowl i 1 •� C � .I➢Q�,� X13`1 �� ,\ - '�„� �'\ .�� J Imo;. --.�~,/pr,��a• �� 1��3 3�`�� Rezoning • 70-08