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Home My WebLink About1130t' ORDINANCE NO. 1130 (1989 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE OFFICIAL ZONE MAP FROM C -T TO C -T -S FOR PROPERTIES ON THE SOUTH SIDE OF MONTEREY STREET BETWEEN 1603 AND 2223, INCLUSIVE, AND AMENDING THE OFFICIAL ZONE MAP TO EXPAND THE C /OS -5 ZONE ALONG SAN LUIS CREEK BETWEEN MONTEREY STREET AND SAN LUIS DRIVE AS DEPICTED ON THE ATTACHED EXHIBIT "A" WHEREAS, the Planning Commission and the City Council have held public hearings to consider amending the zoning regulations in accordance with Section 65800 et. seq. of the Government Code, and Chapter 17.62 of the Municipal Code; and WHEREAS, the City Council finds that the proposed zoning is consistent with the general plan; and WHEREAS, the proposed zoning promotes the public health, safety, and general welfare; and and WHEREAS, the proposed zoning will not have a significant affect on the environment; WHEREAS, the proposed "S" (Special Considerations) designation is to address land use compatibility concerns applicable to the surrounding area and particularly between commercial and residential land uses adjacent to San Luis Creek. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the area shown on the map attached hereto marked Exhibit "B" and included herein by reference be reclassified from C -T (Tourist Commercial) to C -T -S (Tourist - Commercial - Special Considerations). SECTION 2. That the boundary between Tourist Commercial and Conservation Open Space (5 acre minimum) be modified in accordance with the aerial photographs attached hereto marked Exhibit "A" and included herein by reference. 1 1Qn Ordinance No. 1130 (1989 Series) CR 1405 Page 2 SECTION 3. That existing development depicted on the aerial photographs attached hereto and marked Exhibit "A" and included herein by reference shall retain the zoning conformity status enjoyed as of the effective date of this ordinance. SECTION 4. The City will provide written notification to all property owners within 300 feet of any new development or use or expansion of existing development or use subject to Planning Commission review under the "S" designation or subject to review by the Architectural Review Commission, in addition to posting a sign on the property and published notice in the newspaper. SECTION 5. That any new development or use or expansion of any existing development or use approved after the effective date of this ordinance shall be subject to the following design criteria: 1. All new structures approved after adoption of this ordinance shall be setback a minimum 20 feet from the relocated C /OS - 5 boundary. The setback area may be occupied by landscaping, fencing, and pedestrian walkways and like features as determined by the Planning Commission. No new facilities for parking, active recreation or noise generating equipment may occupy the creek setback area. 2. Building openings (doors, windows, balconies, etc.) facing the creek shall be minimized. 3. Screening shall be provided between the buildings and the creek which may include fencing, decorative walls and landscaped berms, but shall at a minimum include restoration and enhancement of the creekside vegetation. 4. Lighting between the buildings and the creek shall be limited in intensity and scale necessary for security and identification and shall be designed to not shine offsite. 5. The expansion or redevelopment of properties shall make maximum use of common driveways. Ordinance NO. 1130 (1989 Series) CR 1405 Page 3 6. All new uses must be found by the Planning Commission to be compatible with the riparian habitat and adjacent residential uses, considering such variables as light and glare, privacy, noise and traffic. In all cases, uses shall be adequately buffered from the creek and adjacent residences in a manner which mitigates potential offsite impacts. 7. Noise generating uses such as parking and active outdoor recreation uses should be located on the interior of the site, using buildings as a buffer. 8. All drainage to the creek shall be directed in a manner which does not erode the creekbank, harm the creekside vegetation or degrade the quality of the creek and its riparian habitat. This may include the use of debris and rubbish screens, oil and grease traps and erosion control /energy dissipaters subject to the approval of the City Engineer and State Department of Fish and Game. 9. Building height shall be restricted as follows: Within 50 feet of the revised C /OS -5 boundary, maximum height shall be 25 feet. Beyond 50 feet from the revised C /OS -5 boundary, maximum height shall be 45 feet. 10. Grading within the creek setback area shall be limited to that necessary to stabilize the creekbank and to accommodate landscaping, and shall be done in a manner which does not increase erosion of the creekbank or result in the removal of creekside vegetation. 11. As a condition of every new use established or expansion of existing use, that portion of a commercial lot which lies within the C /OS -5 zone shall be dedicated as a perpetual open space easement. 12. In special circumstances and by making findings for a variance, the Planning Commission may vary the height and setback standards established by this ordinance . 13. The revised C /OS -5 boundary and design criteria contained in this ordinance shall be be recorded and referenced on the title of all affected parcels. SECTION 5. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published at least five (5) days prior to its final passage in the Telegram- Tribune, a newspaper published and circulated in said city, and the same shall go into effect at the expiration of thirty (30) days after its said final passage. A copy of the full text of this ordinance shall be on file in the office of the City Clerk on and after the date following introduction and passage to print and shall be available to any interested member of the public. Ordinance No. ..1130 (1989; Series) CR 1405 Page 4 INTRODUCED by the Council of the City of San Luis Obispo, at its meeting held on the 7th day of February 1989, on motion of Councilman Settle .seconded by Councilwoman Rappa and on the following roll call vote: AYES: Councilmembers Settle, Rappa and Vice -Mayor Peg Pinard. NOES: None ABSENT: Councilmember Reiss and Mayor Dunin t ayor Ron Dunin ATTEST: City Clerk Pam Vog APPROVED: C7City A ministrative Officer City A rney /Z%z &11e� - community vevelopment Director `��.,i•.•.. ��' {�J•. Vii. ®' f� 1 , � 7 rte. _.'� ,.(Jll•r•,•'-'.. do ORDINANCE NO. -1130 (1989 Series) FINALLY PASSED this 21st day of February 19 89 on motion of Councilmember Settle , seconded by Councilmember Rappa , and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin NOES: None ABSENT: None on uni.n ATTEST: �innn U4/t/> __ Cit 'Clerk Pam =V es ��, l �., �� ;�" ��