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HomeMy WebLinkAbout1388ORDINANCE NO. 1388 (2001 Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE ZONING MAP FROM LOW - DENSITY RESIDENTIAL (R -1) TO LOW- DENSITY RESIDENTIAL WITH A PLANNED DEVELOPMENT OVERLAY ZONE (R -1 -PD) FOR PROPERTY LOCATED AT 1795 MCCOLLUM STREET (PD 189 -00). WHEREAS, the Planning Commission conducted a public hearing on April 25, 2001, and recommended approval of the rezoning (PD 189 -00) to change the designation on the City's zoning map from Low - Density Residential to Low - Density Residential with the Planned Development overlay zone, for property located at 1795 McCollum Street; and WHEREAS, the City Council conducted a public hearing on June 5, 2001, and has considered testimony of the applicant, interested parties, the records of the Planning Commission hearings and actions, and the evaluation and recommendation of staff; and WHEREAS, the City Council finds that the proposed rezoning is consistent with the General Plan and other applicable City ordinances; and WHEREAS, the City Council has considered and adopted the Negative Declaration of Environmental Impact with Mitigation Measures 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. Findings. That this Council, after consideration of the proposed rezoning from Low - Density Residential to Low - Density Residential with the Planned Development overlay zone, for property located at 1795 McCollum Street, makes the following findings: 1. As conditioned, the features of the proposed project, including the pocket park, private rear yards, adequate on -site parking, private street (lined with canopy trees and designed at a human scale), and orientation of porches to the existing neighborhood achieve the intent of the City's conventional standards as well as or better than the standards themselves. 2. A reduced street yard along McCollum Street for porches, and no enclosed living space, is appropriate because porches will have a positive impact on neighborhood character and driveways will be located on the private street. A minimum rear yard area of 448 square feet is an appropriate standard for useable outdoor space in the project because the standard will insure privacy and solar access by increasing setbacks from existing yard areas in the neighborhood. Ordinance No. 1388 (2001 Series) Page 2 of 3 4. A requirement that garage space be available for parking is reasonably necessary to insure that on- street parking impacts are minimized by the project. SECTION 2. Action. The request to change the City's zoning map designation from Low - Density Residential to Low - Density Residential with the Planned Development overlay zone as shown in Exhibit A (PD 189 -00) is hereby approved subject to the following conditions: Front yard setbacks on McCollum Street shall be a minimum of 15 feet. No enclosed living space may be located within 20 feet of McCollum Street. 2. Rear yards shall have a minimum area of 448 feet of useable outdoor space. The Oak tree located adjacent to the property line of proposed lot #6 shall be retained by methods to be approved by the Architectural Review Commission and City Arborist. 4. The development plan shall include a variety of housing types, to the approval of the Architectural Review Commission, and based on the direction of the Planning Commission. Garages shall be available for parking two vehicles at all times. The Conditions, Covenants and Restrictions (CC &Rs) for the project shall include a requirement that garage space be available for vehicle parking at all times, and a requirement that only rooms designated as bedrooms shall be used for sleeping purposes, to the approval of the Community Development Director and the City Attorney. 6. Architectural Review Commission review shall include an evaluation of interior storage space within each unit to insure that a reasonable amount of storage is provided to each unit so that vehicle parking space is not needed for storage. 7. Proposed Lot #9 shall not be included within the Planned Development zone and shall not be governed by the rules and regulations of the Homeowner's Association. 8. The maximum height of any retaining wall within the project site shall be two feet. The maximum combined height of any retaining wall and fence within the project shall be 6 feet, to the approval of the Architectural Review Commission. Section D on the grading, drainage and utility plan shall be amended to reflect this requirement. 9. The following recommendations of the Air Pollution Control District are conditions of approval of the development plan, to the approval of the Architectural Review Commission. A) Increase attic and wall insulation beyond Title 24 requirements. B) Use built -in energy efficient appliances. C) Use double pane windows. Ordinance No. 1388 (2001 Series) Page 3 of 3 D) Use energy efficient interior and exterior lighting. E) Use skylights to maximize natural day lighting. 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 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 5' day of June, 2001, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 19"' day of June 2001, on the following roll call vote: AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan and Mayor Settle NOES: None ABSENT: None Lee Price,'City Clerk APPROVED AS TO FORM: Li Allen Settle v LU 00 Existing R-1; Proposed R-1-PD MCCOLLUM 3 FREDERICKS Rezoning Exhibit A PD 189-00 1795 McCollum Ordinance 1388 Exhibit A 0 Z A IVIC L (k 50 0 50 100 150 Feet