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Home My WebLink About1303ORDINANCE NO. 1303 (1996 SERIES) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE ZONING REGULATIONS MAP TO DESIGNATE 1) A 3.15 -ACRE SITE, ON THE EAST SIDE OF BROAD STREET, SOUTH OF TANK FARM ROAD, MEDIUM - DENSITY RESIDENTIAL, WITH PLANNED DEVELOPMENT AND SPECIFIC PLAN OVERLAYS (R- 2- PD -SP), AND 2) A 0.7 -ACRE SITE, IN THE SAME LOCATION, SERVICE COMMERCIAL, WITH SPECIAL CONSIDERATIONS AND SPECIFIC PLAN OVERLAYS (C- S- S -PD), CONTINGENT UPON FINAL APPROVAL OF ANNEXATION OF THE SITE (R 46 -96) WHEREAS, the Planning Commission conducted a public hearing on June 26, 1996 and recommended approval of amendments to the Zoning Regulations map; and WHEREAS, the City Council conducted a public hearing on July 23, 1996 and has considered testimony of other interested parties, the records of the Planning Commission hearing and action, and the evaluation and recommendation of staff, and WHEREAS, the City Council finds that map amendments are consistent with the General Plan Land Use Element (LUE) map and text, because a) Medium - Density Residential zoning is consistent with the Medium - Density Residential land use designation on the LUE map and Service Commercial zoning is consistent with the Services and Manufacturing land use designation on the LUE map, b) prezoning and annexation of the site is consistent with LUE policies on annexation, and c) the land use designations are consistent with those indicated in the Edna -Islay Specific Plan for this part of the "Secondary Planning Area" (Figure 27); and WHEREAS, the City Council finds that the map amendments are consistent with the purposes of the Zoning Regulations and other applicable City ordinances; and WHEREAS, the City Council has considered the draft Negative Declaration of environmental impact as prepared by staff and reviewed by the Planning Commission; BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City council finds an determines that the project's Negative Declaration adequately addresses the potential significant environmental impacts of the proposed Zoning map amendment, and reflects the independent judgement of the City Council. The Council hereby adopts said Negative Declaration and incorporates the following mitigation measures into the project: 1. The access easement to the future bicycle - pedestrian path from El Capitan shall be a minimum of fifteen feet wide, to accommodate an eight- foot -wide pathway for both bicycles and pedestrians. 0 i3�� Ordinance no.. 1303 (1996 Series) R 46 -96 850 El Capitan Page 2 2. Noise reduction techniques shall be incorporated into the subdivision design to reduce noise exposure to the two residences closest to Highway 227 to below 60 Ldn. Techniques used shall be consistent with recommendations in the Noise Element and Noise Guidelines. SECTION 2. The Zoning map amendment R 46 -96, designating the residentially- designated site R- 2 -PD -SP as shown on the attached Exhibit A, is hereby approved, based on the following findings: Fin in 1. The design provides facilities or amenities suited to a particular occupancy group, specifically moderate - income families, which would not be feasible under conventional zoning, because the narrow lots combined with simple small three - bedroom homes allows room for large back yards and adequate living room for children. 2. The planned development provides more affordable housing than would be possible with conventional development, because the narrow lots allow potential to reach the medium - density limits of the site, while the lot designs emulate low- density development. 3. Features of the particular design achieve the intent of conventional standards for privacy, usable open space, adequate parking, and compatibility with neighborhood character, as well as or better than the standards themselves, because the "neo- traditional" concepts included in the plan make the best use of the site, by use of rear garages, front porches, and narrow lots, to foster a sense of community. and subject to the following Right -of -way: 1. The property to be annexed shall be of sufficient size to provide for a 53' -wide public street right -of -way (El Capitan),If the applicant cannot obtain permission, from the owners of some portions of the El Capitan road, to offer those properties as right -of- way to the City, to include the road property in the annexation and to develop street improvements within it, the City may choose to use its powers of condemnation to I - Ordinance no. 1303 (1996 Series) R 46 -96 850 El Capitan Page 3 obtain the property. In such a case, the applicant will be responsible for all costs of acquisition, including legal and court fees. Utilities: 2. All existing structures currently served by sewer septic systems may remain on said systems until the septic system fails or the. property is redeveloped. At that time, the sewer systems will be required to be abandoned and existing and new structures connected to the city's sewer system. Applicable sewer impact fees will be required to be paid at that time. 3. Existing water wells may remain in use until the time of redevelopment. Upon redevelopment, water well use shall comply with the City policies in effect at that time. All new structures shall connect to the City's water system and shall be required to pay all applicable water impact fees at that time. Open space: 4. A 15' -wide minimum easement shall be provided, and an eight- food -wide pathway constructed from the street through the open space parcel to connect to the railroad right -of -way, adjacent to the east. Density: 5. Density is hereby transferred from the open space parcel, minus the area between the banks of the creek, to allow a maximum of 2.00 density units per residential lot. Screening: 6. A minimum 10' -wide landscape screen shall be installed at the rear of lots adjacent to the State Farm site to the north, to minimize effects of noise and glare from the parking lot. SECTION 3. The Zoning map amendment R 46 -96, designating the commercially- designated site C- S -S -SP as shown on the attached Exhibit A, is hereby approved, based on the following findings: Fin in Ordinance no. 1303 (1996 Series) R 46 -96 850 El Capitan Page 4 1. The prezoning is consistent with the General Plan Land Use Element and Edna -Islay Specific Plan maps, which call for medium - density residential and service commercial zoning on the site, in the proportions and in the locations shown in the submittal. 2. The Special Considerations zone, in this case, is intended to assure conformance with the general plan and its implementing ordinances, consistent with the intent of the Special Considerations zone, as described in Section 17.56.010 of the Municipal Code. and subject to the following Special consideration: 1. The drive - through convenience store use does not conform with City regulations. Those elements of it that are nonconforming, including the drive - through, must be eliminated and made to conform with current zoning standards in the event of any of the following: a. Any significant change or modification to the use. For purposes of this requirement, "significant" change means any remodeling of ten percent or more of the building or any expansion of the building of ten percent or more. b. Vacancy for six months or longer. If the building is unoccupied for at least six months continuously. C. Sale or lease. Any sale or any lease of over 35 years. SECTION 4. A summary of this ordinance, together with the names of the Council Members voting for and against, shall be published at least Eve (5) prior to its final passage, in the Telegram - Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect upon final approval of annexation of the site by the Local Agency Formation Commission. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a meeting held on the 23rd day of July on motion of Council Member Romero , seconded by Vice Mayor Williams , and on the following roll call vote: AYES: Council Members Romero, Williams, Smith and Mayor Settle NOES: Council Member Roalman Ordinance no. 1303 (1996 Series) R 46 -96 850 El Capitan Page 5 ABSENT: None ATTEST: ot_,a� - rlerk Bonnie L Gaw APPROVED: o om rn� Mayor Allen Settle `L, �.� Ordinance No. 1303 (1996 Series) FINALLY 'PASSED this 20th day of August, 1996, on motion of Council Member Romero, seconded by Vice Mayor Williams, and on the following roll call vote: AYES: Council Members Romero, Williams, Roalman and Mayor Settle NOES: None ABSENT: Council Member Smith ATTEST: e4 Mayor Allen K. Settle Bo i