HomeMy WebLinkAbout1476ORDINANCE NO. 1476 (2005 SERIES)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
MODIFYING CONDITION NO.4 OF THE PLANNED DEVELOPMENT OVERLAY
MODIFICATION FOR THE WALTER BROTHERS CENTERLOCATED AT 3250
SOUTH HIGUERA STREET (PD 43 -05)
WHEREAS, the Planning Commission conducted a public hearing on May 5, 2005, and
recommended approval of the project; and
WHEREAS, the City Council conducted a public hearing on July 5, 2005 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 banks, savings and loan, broadcast studios, and laboratories from the
list of prohibited uses in the Planned Development is consistent with General Plan because
the Land Use Map designation for the property is Office, which allows these uses.
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 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 and allowed
uses 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).
SECTION 3. Approval & Revised Conditions. PD -1541 (Ordinance No. 1457 -- 2004
Series), Condition No. 4 is hereby modified to remove banks as a prohibited use; and Exhibit A,
a list of prohibited PD uses, is hereby modified to allow banks, savings and loans, and broadcast
studios as allowed uses, and also laboratories, with a Planning Commission use permit; and these
actions are reflected in the following revised conditions which are hereby adopted:
01476
Ordinance No. 1476 (2005 Series)
Page 2 of 3
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: 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 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 5th day of July 2005, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 19th day of July 2005, on the following roll call
vote:
AYES: Council Members Brown and Mulholland, Vice Mayor Ewan and Mayor Romero
NOES: None
ABSENT: Council Member Settle
Ordinance No. 1476 (2005 Series)
Page 3 of 3
ATTEST:
Audrey Ho per
City Cler
APPROVED AS TO FORM:
J P. Lowell
City Attorney
Mayor David F. Romero
hereby certify that this document is a true
and accurate copy of Ordinance No.
and that the ordinance was published pursuant
to Charter Section 2.
Data ity Glerk
EXHIBIT A — PD 43 -05 '
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 A
Broadcast studios A
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
Dwellings NO
Exhibit A of Ordinance No. (2005 Series)
Application No. PD 43 -05
Page 2 of 3
Employment agencies A*
Government agency offices and meeting rooms A*
Homeless shelters (see Section 17.08.110) PC
Hospitals NO
Insurance service — local
/:1
Insurance services — regional office A
Laboratories (medical, analytical) PC
Mortuaries
I
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.)
p J
I, 1"
ry,�
Exhibit A of Ordinance No. (2005 Series)
Application No. PD 43 -05
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