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HomeMy WebLinkAbout1463ORDINANCE NO. 1463 (2004 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE OFFICIAL ZONING MAP TO IMPLEMENT THE MARGARITA AREA SPECIFIC PLAN (ER, SP, GP/R 73 -00) WHEREAS, the City General Plan (Land Use Policy LU 2.3 and LU 2.3. 1) requires the preparation of a specific plan for the Margarita Area prior to annexation and further development, and sets specific requirements for information to be included the Plan; and WHEREAS, the City of San Luis Obispo General Plan contains general goals and policies relating to early growth and development, which may be implemented in a variety of ways, including the specific plan procedure as outlined by State law (California State Government Code 65450 et seq.); and WHEREAS, the City of San Luis Obispo, with the participation of property owners, citizens, public agencies, and other interested parties, has prepared a draft specific plan for the Margarita Area pursuant to the General Plan and the State Government Code; and WHEREAS, on June 9, 2004, after eight public hearings, the Planning Commission recommended the City Council certify the EIR, adopt the specific plan, amend the Land Use Element to reflect the specific plan map, and rezone those properties currently within the City; and WHEREAS, the City Council held public hearings on September 7 and 28, and October 12, 2004 to hear public testimony and to consider the Airport Area and Margarita Area Specific Plans and Related Facilities Master Plans Final Program EIR, and the Draft Margarita Area Specific Plan; and WHEREAS, as a result of its deliberations, the City Council finds and determines that the project's Final Program Environmental Impact Report adequately addresses the potentially significant environmental impacts of the proposed project entitlements and reflects the independent judgment of the City Council; and WHEREAS, implementation of the specific plan requires an amendment to the Official Zoning Map to reflect the zoning categories contained in the Specific Plan. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: 0 SECTION 1. Environmental Determination. The City Council has certified the Final Program Environmental Impact Report (EIR) for the Airport Area and Margarita Area Specific Plans and Related Facilities Master Plans (Council Resolution 9615 (2004 Series)), and finds that the EIR adequately addresses the potential significant environmental impacts of the proposed Zoning Map amendment as described in Exhibit "A ", and reflects the independent judgment of the City Council. 01463 Ordinance No. 1463(2004 Series) Page 2 SECTION 2. Zoning Map Amendment. The Official Zoning Map is hereby amended to reflect the appropriate Specific Plan zones of Conservation /Open Space (C /OS -SP), Low Density Residential (R- 1 -SP), Medium Density Residential (R- 2 -SP), Medium High Density Residential (R- 3 -SP), Neighborhood Commercial (C- N -SP), and Office (O -SP), as shown in Exhibit A, subject to the following finding: 1. The proposed rezoning is consistent with General Plan Land Use Element and with the Margarita Area Specific Plan. SECTION 3. Protection of Privacy for Abutting Properties. To the maximum extent feasible, privacy of existing residential uses adjacent to the planning area shall be protected and views from existing residences adjacent to the Margarita Area to the South Hills shall be incorporated into the design of new development. SECTION 4. 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 12th day of October, 2004, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 19th 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 Mayor David F. Romero ATTEST: Audrey Hoop City Clerk APPROVED AS TO FORM: Jonat . Lowell City Attorney hereby certify that this document is a true and accurate copy of Ordinance No. _ LI (P 3 and that the ordinance was published pursuant to Charter Section 602. Date City Clerk W r.' is L O O 1M NI O O N p t V � O O OO Cr v7 1 O (0 O Cr Q�i F 1 O � 1 e.i O S Y Y O N I En En �4 N w a w v cf) O C Vii, A4 Qi U 4 � t v v rvnrsEy.'; iS ) I 3 � A F•I err' Oa 3 ! r S z A x. t,. t �w a M N A W r.' is L O O 1M NI O O N p t 1� O OO Cr v7 1 O (0 O Cr Q�i F 1 v 1 U N I En En �4 w a w v cf) O A4 Qi v v rvnrsEy.'; iS ) I 3 � A F•I err' Oa 3 ! r S z A x. t,. t �w a M N A i v o Ze b b w W r.' is L O O 1M NI O O N p t 1� O OO Cr v7 1 O (0 O Cr Q�i F 1 v o 0 U N I En En w a w v cf) O A4 Qi v v � � A F•I � Oa a� A x. A. M N A u v o a b b w a co /b