HomeMy WebLinkAbout1450ORDINANCE NO. 1450 (2004 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO AMENDING THE ZONING MAP FOR PROPERTY AT 1231
LAUREL LANE FROM NEIGHBORHOOD COMMERCIAL (C -N) TO
HIGH DENSITY RESIDENTIAL (R -4) AND FOR PROPERTY AT 1661
MILL STREET FROM MEDIUM DENSITY RESIDENTIAL (R -2) TO
TOURIST COMMERCIAL WITH SPECIAL CONSIDERATIONS (C -T -S)
(R 121 -03/R 37 -04)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted public
hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
April 14, 2004 and April 28, 2004, and recommended approval of the amendments to the City's
Zoning Map; and
WHEREAS, the City Council of the City of San Luis Obispo conducted public hearings
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on June 1,
2004, and June 15, 2004 and approved the Rezones in concept; 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 July 7 th
2004, for the purpose of approving the Rezones (R 121 -03 & R 37 -04) in final form; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the City Council has reviewed and considered the mitigated Negative
Declarations of environmental impact for the Rezones, as prepared by staff and reviewed by the
Planning Commission; and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by staff, presented at
said hearings.
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 individual application's mitigated Negative Declarations adequately address the potential
significant environmental impacts of the proposed project, and reflects the independent judgment
of the City Council. The Council hereby adopts the following:
A. Mitigated Negative Declaration for 1231 Laurel Lane (ER 121 -03) and incorporates the
following mitigation measure and monitoring program into the project:
01450
Ordinance No. 1450 (2004 .-ies)
Page 2
1. Mitigation Measure: Noise — The construction of future residential uses shall be
accompanied by an acoustical analysis (noise study) to ensure that interior spaces
and exterior private use areas comply with standards contained in the City's
General Plan Noise Element.
Monitoring Program: Noise — Compliance with this requirement shall be
monitored through the review of detailed plans submitted for architectural review
and building permit, primarily by the Community Development Department staff.
B. Mitigated Negative Declaration for 1661 Mill Street (ER 37 -04) and incorporates the
following mitigation measures and monitoring program into the project:
1. Mitigation Measure: Cultural Resources - During construction, in the event that
subsurface cultural or historic material is discovered on the property, all activities
shall cease in the affected area until the area is surveyed by an
archeologist/historian approved by the City. At that time a subsurface testing
program shall be initiated in order to determine the presence or absence of any
historic or pre- historic materials on the site. Under the direction of the
archaeologist/historian, a mitigation plan shall be developed and approved by the
environmental coordinator.
Monitoring Program: Cultural Resources - Ongoing field inspections by City
staff and construction staff awareness shall ensure compliance with the mitigation
measure. The project shall be reviewed for consistency with the City's Historic
Preservation Program Guidelines and the Demolition Ordinance for the
demolition or relocation of the existing residence upon submittal of construction
permit applications.
2. Mitigation Measure: Land Use Planning - As part of the re- zoning of the
property a Special Considerations "S" overlay zone shall be applied to the
property consistent with Chapter 17.56 of the Zoning Regulations. The S overlay
designation will ensure future land use compatibility with the site specifically
related to the following site constraints:
a) `B" flood zone as designated on FEMA maps for this property.
b) Adjacent sensitive residential uses.
c) Creek adjacency and creek setback.
d) Parking and access agreement with the Veterans Memorial Hall.
Monitoring Program: Cultural Resources - The S overlay shall be recorded onto
the City Zoning Map with the change of zoning from R -2 to C -T, with the new
Zoning to be C -T -S. A copy of the special considerations for the site shall be
placed into the property address file, the GIS information database and into the
City S overlay folder maintained by the Community Development Department.
Ordinance No. 1450 (2004 -ies)
Page 3
SECTION 2. Findings. Based upon all the evidence, the Council makes the following
findings:
A. 1231 Laurel Lane (GP 121 -03)
1. The proposed Rezone is consistent with General Plan Land Use Element Policy
3.2.1 because there is an existing commercial center approximately 150 -feet from
the project site and additional neighborhood commercial centers (Broad/Orcutt
intersection) are located less than 1 -mile from the site.
2. The property is not conducive to commercial development on its own due to the
site's small size (16,545 square feet) and separation from the existing commercial
center by elevation changes and a residential use.
3. A mitigated Negative Declaration was prepared by the Community Development
Department on April 21, 2004. The City Council finds and determines that the
project's mitigated Negative Declaration adequately addresses the potential
significant environmental impacts of the proposed project.
B. 1661 Mill Street (GP 37 -04)
1. The City Council finds and determines that the project's mitigated Negative
Declaration adequately addresses the potential significant environmental impacts
of the proposed project, and reflects the independent judgment of the
Commission.
2. The proposed rezoning is consistent with General Plan Land Use Element policies
regarding Residential zoning and Commercial zoning, which place a priority on
preserving residential uses and considering the impact of commercial uses
adjacent to residential uses. The rezoning is appropriate at this site since it will
not introduce new detrimental commercial uses into a sensitive residential area.
Instead it will allow the existing use to conform.
3. The existing property is not conducive to residential development since it is a
very small site at the edge of the C -T district and an existing similar use.
Furthermore the site is separated from other residential uses by a creek and a
public street.
4. The Special Considerations overlay zone will allow adequate review of uses on
this site in the future to ensure compatibility with the residential neighborhood,
the creek, the flood zone, and to ensure adequate parking and access.
Ordinance No. 1450 (2004 .ries)
Page 4
SECTION 3. Action.
A. The Zoning Regulations Map Amendment (R 121 -03) changing zoning of property at
1231 Laurel Lane from Neighborhood Commercial (C -N) to High Density Residential
(R -4) as shown on Exhibit A is hereby approved; and
B. The Zoning Regulations Map Amendment (R 37 -04) changing zoning of the property at
1661 Mill Street from Medium Density Residential (R -2) to Tourist Commercial with
Special Considerations (C -T -S) as shown on Exhibit B is hereby approved and subject to
the following Special considerations and conditions:
1. Special Considerations As part of the re- zoning of the property a Special
Considerations "S" overlay zone shall be applied to the property consistent with
Chapter 17.56 of the Zoning Regulations. The S overlay designation will ensure
future land use compatibility with the site specifically related to the following site
constraints:
a. `B" flood zone as designated on FEMA maps for this property.
b. Adjacent sensitive residential uses.
c. Creek adjacency and creek setback.
d. Parking and access agreement with the Veterans Memorial Hall.
2. Conditions
a. Exterior site changes or construction shall be subject to architectural review to
ensure consistency with City creek setback policies, neighborhood
compatibility, and the City's Community Design Guidelines.
b. Any substantial change to the existing use or any new use at the site shall be
subject to review and approval of an Administrative Use Permit. The
following uses shall be prohibited at this site:
i. Service Station
ii. Restaurant
iii. Retail stores
SECTION 4. The Community Development Director shall cause the amendment to be
reflected in documents which are on display in City Hall and which are available for public use.
SECTION 5. 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.
Ordinance No. 1450 (2004 iies)
Page 5
INTRODUCED on the 7th day of July, 2004, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 3`d day of August, 2004, on the following roll call
vote:
AYES: Council Member Ewan, Mulholland and Settle, Vice Mayor Schwartz and
Mayor Romero
NOES: None
ABSENT: None
Mayor David F. Romero
ATTEST:
Diane Rem ods, V.M.C.
Deputy City
APPROVED AS TO FORM:
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