HomeMy WebLinkAbout1398ORDINANCE NO. 1398 (2001 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE ZONING MAP TO IMPLEMENT THE MID- HIGUERA
ENHANCEMENT PLAN
WHEREAS, the Planning Commission held public hearings on February 9 and
November 1, 2000 on the Draft Mid - Higuera Enhancement Plan, including amendments to the
General Plan and rezoning to implement the Plan's objectives; and
WHEREAS, The Commission recommended approval of the Short-term Plan, with
modifications, and supported rezoning of the Village Mobile Home Park property from R- 3/R -3-
PD (Medium -High Density Residential, Planned Development) to R -4 (High Density Residential
and did not take an action on the Plan's overall rezoning strategy; and
WHEREAS, at a public hearing on March 20, 2001, the City Council considered
testimony of the property and business owners, residents and other interested parties, the records
of the Planning Commission hearings and actions, and the evaluation and recommendation of
staff; and as a result of its deliberations, adopted Resolution No. 9165 approving a mitigated
negative declaration (ER 39 -98), amending the General Plan, granting a creek setback exception
to allow construction of a Class 1 bikeway along San Luis Obispo Creek between Marsh Street
and Madonna Road, approving the Council Hearing Draft Mid - Higuera Plan, and implementing
the Plan by directing staff to initiate rezoning of the Mid - Higuera Area as shown on Page 33 of
the Council Hearing Draft Plan and other actions to carry out the Plan's intent; and
WHEREAS, the City Council conducted a public hearing on September 4, 2001 and has
considered testimony of 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 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 previously approved Mitigated Negative Declaration adequately addresses the
potential significant environmental impacts of the proposed rezoning and that no further
environmental review is necessary under the California Environmental Quality Act.
SECTION 2. Findings. That this Council, after consideration of the proposed rezoning
to change the City's zoning map designations as shown in Exhibit A, makes the following
findings:
1. The proposed rezoning is necessary to achieve consistency between the General Plan and
Official Zoning Map.
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Ordinance No. 1398 (2001 Series)
Page 2
2. The proposed rezoning is necessary to implement the objectives of the General Plan and of the
Mid - Higuera Enhancement Plan.
3. The proposed zoning will preserve and expand housing opportunities by expanding the area that
allows residential uses and by increasing the allowed residential density at the Village Mobile
Home Park Property.
4. An initial environmental study was prepared by the Community Development Department on
December 13, 2000 describing the environmental impacts associated with the proposed
rezoning (ER39 -98). Based on the initial study, a Mitigated Negative Declaration was
granted, concluding that the project will not have a significant adverse impact on the
environment provided that mitigation is incorporated into the project. That mitigation is
hereby incorporated by reference and is included in the adopted Mid - Higuera Enhancement
Plan.
SECTION 3. Adoption. The zoning map is hereby amended as shown in Exhibit A.
SECTION 4. Public Availability of Documents. The Community Development
Director shall cause the change to be reflected in documents that are on display in City Hall and
available for public viewing and use.
SECTION 5. Publication. 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 4th day of September, 2001, AND FINALLY ADOPTED by
the Council of the City of San Luis Obispo on the 18' day of September, 2001, on the following
roll call vote:
AYES: Council Members Marx, Schwartz, Vice Mayor Ewan and Mayor Settle
NOES: Council Member Mulholland
ABSENT: None
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Ordinance No. 1398 (2001 Series)
Page 3
APPROVED AS TO FORM:
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EXHIBIT A: PR( SED REZONING - MID - HIGUEI - :NHANCEMENT AREA
(GP /R 39 -98) Ordinance No. 1398 ( 2001)
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