HomeMy WebLinkAbout1457ORDINANCE NO. 1457 (2004 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A PLANNED DEVELOPMENT OVERLAY MODIFICATION
FOR THE WALTER BROTHERS CENTER
LOCATED AT 3250 SOUTH HIGUERA STREET (PD 95 -04)
WHEREAS, the Planning Commission conducted a public hearing on August 11, 2004,
and recommended approval of the project; and
WHEREAS, the City Council conducted a public hearing on September 21, 2004 and
has considered testimony of interested parties, the records of the Planning Commission hearing
and action, and the evaluation and recommendation of staff.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. The City Council finds and determines that the project is categorically
exempt under Section 15301, Existing Facilities, of the CEQA Guidelines because it does not
involve physical changes to the environment.
SECTION 2. Findings. That this Council, after consideration of Walter Brothers Center
Planned Development Overlay Modification and the Planning Commission's recommendations,
staff recommendations, public testimony, and reports thereof, makes the following findings:
1. The request for deleting Condition No. 4 is consistent with General Plan policy regarding the
restrictions on office uses because the Land Use Map designation for the property is Office.
2. The approval of the request will not be detrimental to the health, safety or general welfare of
persons residing or working in the vicinity of the subject property, or be injurious to the
general welfare of the City because there is no demonstrated evidence to support that the
change in the minimum floor area for non - governmental tenants at this location will be
detrimental to the City's desire to maintain a viable downtown and concentrated government
centers.
3. The proposed modifications to the Planned Development overlay conditions do not result in
physical modifications to the site, and are therefore exempt from environmental review in
accordance with the California Environmental Quality Act (CEQA).
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Ordinance No. 1457 (2004 Series)
Page 2
SECTION 3. Approval & Revised Conditions. The requests for approval modifying
Ordinance No. 1376 (2000 Series), eliminating Condition No. 4 to allow non - governmental
office spaces containing less than 2,500 square feet; and modifying Conditions No. 5 and No.7 to
remove "doctors offices and medical clinics" from the list of prohibited PD uses, are hereby
approved, and are reflected in the following revised conditions:
1. Except as otherwise noted in these conditions of approval, all zoning regulations for the
Office zone shall apply.
2. Preference shall be given to governmental social service office uses; owners shall seek
tenants for available lease spaces among local, state, and federal social service agencies
prior to seeking tenants among alternative office uses.
3. Tenants other than governmental social service agencies, quasi - governmental social
services businesses, private non - profit social services providers, and private offices
whose business relates directly and primarily to social services, shall not occupy more
than 70% of the gross lease spaces on the subject parcels.
4. The following office - related uses shall be prohibited: banks and real estate offices.
5. Applicant shall dedicate a creek maintenance and pedestrian access easement over that
portion of the site within the San Luis Creek Channel, and including a 20 -foot buffer strip
at the top of bank on both sides of the creek. (Extension of requirement from previous
Use Permit U 1401.)
6. Uses allowed and prohibited within this O -PD zone shall be as provided in Exhibit A
attached.
7. All future development shall comply with the Creek Setback Regulations to ensure the
maintenance of a healthy creek environment.
SECTION 4. A summary of this ordinance, together with the names of the Council
members voting for and against, shall be published at least five (5) days prior to its final passage,
in the the 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 20 day of September 21, 2004, AND FINALLY ADOPTED
by the Council of the City of San Luis Obispo on the 5t' day of October, 2004, on the following
roll call vote:
AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz
and Mayor Romero
NOES: None
ABSENT: None
Ordinance No. 1457 (2004 Series)
Page 3
Mayor David F. Romero
ATTEST:
C 4
Audrey Yfoper
City Cldpk
APPROVED AS TO FORM:
Jon than .Lowell
City orney
I hereby certify that this document is a true
and accurate copy of Ordinance No. I" 5-1
and that the ordinance was published pursuant
to Charter Section 02.
Efate City Clerk
EXHIBIT A — PD 95 -04
ALLOWED/PROHIBITED USES — WALTER CENTER
Uses allowed and prohibited within this O -PD zone shall be as provided in the following list.
Symbols following each listed use shall have the following meaning:
A Type of use allowed without use permit approval.
D Type of use allowed if an administrative use permit is approved.
PC Type of use allowed if a use permit is approved by the Planning Commission.
NO Type of use which is not allowed.
* Type of use which is not subject to floor area requirements in Section 4 above.
** Type of use for which only incidental and non - customer serving functions shall be
allowed.
Advertising and related services A
Ambulance services NO
Banks and savings and loans NO
Banks and savings and loans A **
(administrative and loan offices only)
Broadcast studios NO
Caretaker's quarters NO
Cemeteries, mausoleums, columbariums NO
Christmas trees sales (see Section 17.08.O10D) NO
Churches, synagogues, temples, etc. NO
Circus, carnival, fair, festival, parades NO
(see Section 17.08.010E)
Computer Services A
Convalescent hospitals NO
Credit reporting and collection A
Credit unions and finance companies A **
Delivery and private postal services D
Detective and security services A
Exhibit A of Ordinance No. 1457 (2004 Series)
Application No. PD 95 -04
Page 2 of 3
Dwellings NO
Employment agencies
A*
Government agency offices and meeting rooms A*
Homeless shelters (see Section 17.08.110) PC
Hospitals NO
Insurance service — local
V
Insurance services — regional office A
Laboratories (medical, analytical) NO
Mortuaries
NO
Offices (contractors) — all types of general and special
A
building contractor's offices
Offices (engineering) — engineers and industrial design
A
Offices (professional) — Professional offices consistent
A
with the Land Use Element are allowed. Realtors are
prohibited.
Organizations (professional, religious, political, labor,
A
fraternal, trade, youth, etc.), offices and meeting rooms
Photocopy services; quick printers
A
Residential care facilities — 6 or fewer residents
NO
Residential care facilities — more than 6 residents
NO
Schools
- Nursery schools, child day care A
- Business trade, recreational, or other D
specialized schools
Secretarial and related services (court reporting, A
stenography, typing, telephone answering, etc.)
a bt)
Exhibit A of Ordinance No. 1457 (2004 Series)
Application No. PD 95 -04
Page 3 of 3
Social services and charitable agencies A*
Telegram office A
Ticket/travel agencies A
Utility companies
- Corporation yards NO
- Customer account services A
(bill paying, and inquiries)
- Distribution and transmission facilities NO
(see Section 17.08.050)
- Engineering and administrative offices A
- Payment drop points A
Veterinarians NO