HomeMy WebLinkAbout1488ORDINANCE NO. 1488 (2006 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
AMENDING THE ZONING MAP FOR THE PROPERTY AT 1221 NIPOMO FROM
HIGH - DENSITY RESIDENTIAL (R -4) TO DOWNTOWN COMMERCIAL WITH THE
MIXED USE COMBINING OVERLAY (C- D -MU), AND; ADDITION OF A MIXED -USE
COMBINING OVERLAY TO THE DOWNTOWN COMMERCIAL ZONING AT 1213
NIPOMO AND 577 AND 579 MARSH STREETS (C- D -MU); GP/R/ER 160 -05
WHEREAS, the Planning Commission conducted a public hearing on November 9, 2005
and recommended approval of amendments to the City's Zoning Map; and
WHEREAS, the City Council conducted a public hearing on December 6, 2005, 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 revisions are consistent with the
General Plan, the purposes of the Zoning Regulations, and other applicable City ordinances; and
WHEREAS, the City Council has considered the Mitigated Negative Declaration
prepared for the property as described in a separate resolution approving the General Plan Map
amendment; and
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. The City Council finds and determines that the project's Negative
Declaration adequately addresses the potential significant environmental impacts of the proposed
project, and reflects the independent judgment of the City Council. The Council hereby adopts
said Negative Declaration and incorporates the following mitigation measures into the project:
Land Use and Planning
1. To provide a suitable transition to the adjacent High- Density Residential (R -4) property at the
corner of Nipomo and Pacific Streets, the future development of this site which is being
redesignated as C -D -MU shall comply with the R -4 development standards for height and
setbacks.
Monitoring Program:
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.
Noise
2. 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 are designed to
01488
Ordinance No. 1488 (2006 Series)
Page 2
mitigate noise impacts to levels determined acceptable by the City's General Plan Noise
Element. Specific construction details shall be identified as recommendations in the study.
Monitoring Program:
Compliance with this requirement shall be monitored through the review of detailed plans and
the acoustical analysis submitted for architectural review and building permit primarily by the
Community Development Department staff.
Transportation/Traffic
3. The applicant shall provide or pay in lieu fees for the four additional parking spaces. These
four (4) spaces shall not be reduced through shared or mixed -use reductions, or other parking
reductions established for the Downtown Commercial zone included in Section 17.42 of the
Municipal Code.
Monitoring Program:
Compliance with this requirement shall be monitored through the review of detailed plans
submitted for building permit primarily by the Community Development Department staff.
Parking in -lieu fees shall be paid prior to building permit issuance for the proposed development
project if applicable. Parking calculations for redevelopment of this site shall separate the
provision of these four parking spaces from the project's other parking requirements so the
provision of these spaces are not reduced through shared or mixed -use reductions, or other
parking reductions established for the Downtown Commercial zone included in Section 17.42 of
the Municipal Code.
SECTION 2. Findings. The City Council makes the following findings:
1. The rezonings are consistent with the General Plan text policies and implements Housing
Element goals by allowing increased residential density in the downtown.
2. The proposed rezoning of 1221 Nipomo to C -D -MU will increase the residential density
allowed on the property, and with the Combing designation will provide a transition from the
residential uses to the south to the commercial core.
3. The application of the Mixed -Use combining zone is necessary and appropriate to ensure a
residential component is part of any future redevelopment of the properties, and that future
projects are compatible with adjacent land uses.
4. A Mitigated Negative Declaration was prepared by the Community Development Department
on October 27, 2005. The City Council finds and determines that the project's mitigated
Ordinance No. 1488 (2006 Series)
Page 3
Negative Declaration adequately addresses the potential significant environmental impacts of
the proposed project.
SECTION 3. The Zoning Regulations Map Amendment (R 160 -05) is hereby approved
as identified within Exhibit A.
SECTION 4. 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 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 6th day of December 2006, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 3rd day of January 2006, on the following roll call
vote:
AYES: Council Members Brown, Ewan and Mulholland, Vice Mayor Settle and
Mayor Romero
NOES: None
ABSENT: None
Mayor David F. Romero
ATTEST:
Audrey Ho er
City Clerk
APPROVED AS TO FORM:
Jon ;an P. Lowell
City Attorney
hereby certify that this document is a true
and accurate cony of Ordir,ance No. l__ `d�
and that the ordinance was published pursuant
to Charter Sectio I
Date City Clerk
Ct
-
C�o S�-f-