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HomeMy WebLinkAbout10/06/2009, C3 - ADOPTION OF AN ORDINANCE PREZONING PROPERTY AT 11980 LOS OSOS VALLEY ROAD TO RETAIL COMMERCIAL (C-R 1 lCDUn(�CILys/ Me in./0 6 6 ' AgjenVa PcpoQt I.mNumbn 3 CITY OF SAN LUIS OBISPO FROM: John Mandeville, Community Development Direct r ?", Prepared By: Philip Dunsmore, Associate Planner SUBJECT: ADOPTION OF AN ORDINANCE PREZONING PROPERTY AT 11980 LOS OSOS VALLEY ROAD TO RETAIL COMMERCIAL (C-R) AND CONSERVATION OPEN SPACE (C/OS-5) (GP/R 7-07) RECOMMENDATION Adopt Ordinance No. 1534. DISCUSSION Background On September 1, 2009, the City Council voted 5 to 0 to introduce Ordinance No. 1534 to print, amending the City's Zoning Map for property at 11980 Los Osos Valley Road to include Retail Commercial (C-R) and Conservation/Open Space (C/OS-5) in conjunction with the property's annexation into the City. Ordinance No. 1534 is now ready for adoption. The new zoning designation will become effective 30 days after its adoption. The City Council certified an Environmental Impact Report for the project that discussed all of the potential environmental impacts and mitigation measures associated with the rezoning 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. 1534 G:\CD-PLAN\Pdunsmore\Special Projects\Prefumo Creek COmmonsTIR\Final EIR\CC 2nd read 10-06-09.doc . C3 - 1 ATTACHMEN ORDINANCE NO. 1534 (2009 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE ZONING MAP FOR PROPERTY AT 11980 LOS OSOS VALLEY ROAD TO RETAIL-COMMERCIAL (C-R)AND CONSERVATION/OPEN SPACE C/OS-5 IN CONJUNCTION WITH ANNEXATION (GP/R/ER/ANNX 7-07) 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 July 22, 2009 and recommended approval of Application GP/R/ER/ANNX 7-07, 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 September 1, 2009, for the purpose of considering Application GP/R/ER/ANNX 7-07; 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 certified the Environmental Impact Report 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 Environmental Impact Report adequately addresses the potential environmental impacts of the proposed map amendment to the Zoning Regulations, and reflects the independent judgment of the City Council. SECTION 2. Findinizs. The City Council makes the following findings: 1. The proposed rezoning is consistent with .General Plan Land Use Element policies regarding Retail zoning, which designate such districts for locations that are appropriate to serve regional retail uses,warehouse stores, and restaurants. c3 - a I ' ATTACHMENT Ordinance No.(2008 Series) GP/R 64-07 Page 2 2. The proposed land use amendment will facilitate the acquisition of open space consistent with Land Use Element policies 8.7 and 8.8. 3. The rezoning will create a logical land use category for the property that will facilitate the expansion of the existing regional retail uses west of LosOsos Valley Road. SECTION 3. Action. The Zoning Regulations Map Amendment (GP/R/ER/ANNX 7- 07) is hereby approved as shown in Exhibit A, consistent with the following conditions: 1. The boundary between open space and retail zoning shall occur at a location approximately 50 feet west of Prefumo Creek except towards the northern portion of the property near Oceanaire drive where the boundary between open space and retail zoning shall be approximately 100 feet west of Prefumo Creek. 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 1 st day of September,2009,AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the _ day of _ , 2009, on the following roll call vote: AYES: NOES: ABSENT: Mayor David F. Romero ATTEST: Interim City Clerk Elaina Cano APPRO D AS T FORM, ity Attorney Jonathan Lowell G`\CD-PLAN\Pdunsmore\Special Projects\Prefiuno Creek Commons\EIRTinal EIR\Ordinance 1534.doc EXHIBIT A ATTACHMENT S � G j �y� 9 t� t GQ' i 1 1 ! s°s � •� �°�. ; CONSERVATION / ocrP RETAIL-COMMERCIAL (C-R) ; OPEN SPACE C/OS-5 j j PJB° C3 -�