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HomeMy WebLinkAbout1493ORDINANCE NO. 1493 (2006 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE ZONING MAP TO CHANGE THE ZONING FOR PROPERTY AT 3210, 3212, 3220, 3230, 3240 BROAD STREET FROM C -N -S TO C -C -S (GP/R/ER 78 -05) WHEREAS, the Planning Commission 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 December 14, 2005, and voted to recommend approval of map amendments pursuant to application GP/R/ER 78 -05, Dan Lemburg, applicant; 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 February 21 and April 4, 2006, for the purpose of considering Application GP/R/ER 78 -05; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and WHEREAS, the Council has reviewed and considered the Mitigated Negative Declaration of environmental impact for the project; and WHEREAS, the Council has duly considered all evidence, including the recommendation of the Planning Commission, testimony of interested parties, and the evaluation and recommendations by staff, presented at said hearing; and WHEREAS, the City Council finds that the proposed rezoning is consistent with the General Plan, the purposes of the Zoning Regulations, and other applicable City ordinances. 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 project's Mitigated Negative Declaration adequately addresses the potential environmental impacts of the proposed map amendment to the Zoning Regulations, and reflects the independent judgment of the City Council. The Council hereby adopts said Mitigated Negative Declaration. SECTION 2. Findings. The City Council makes the following findings: 1. The City Council finds and determines that the project's Negative Declaration adequately addresses the potential 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 Community Commercial zoning, which designate such districts for locations 01493 Ordinance No. 1493 (2006 Series) Page 2 that are appropriate to serve the community in its entirety rather than just the adjacent neighborhood. 3. The existing property is not suited to remain restricted to neighborhood serving uses (C -N zoning) since the location of the site at the corner of high volume arterial roadways acts as a community -wide center accessible to users from a wide region of the City. 4. This project site is subject to criteria which clearly necessitate an S overlay zone in order to ensure adequate review and create a specifically refined list of allowed land uses. The commercial center's proximity to a creek, the size and configuration of the property and adjacent high density residential uses warrant the refined land use list. SECTION 3. Action. The Zoning Regulations Map Amendment (GP/R 78 -05) is hereby approved (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 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 4th day of April, 2006, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 18th day of April 2006 on the following roll call vote: AYES: Council Members Brown and Ewan and Mayor Romero NOES: Council Member Mulholland ABSENT: Vice Mayor Settle 2 Mayor David F. Romero ATTEST: Audrey Ho per City Clec I hwoy Wft" M MM Ott is a VW ad Wwroo a ftkW d Ord No. t-., �g2 . and tt tft� ordirtma was PrbAshad Pursuant APPROVED AS TO FORM: to J nat P. Lowell City Attorney Exhibit A General Plan and Zoning Map Change from Neighborhood Commercial to Community Commercial with Special Considerations for 3210, 3212, Exhibit A General Plan and Zoning Map Change from Neighborhood Commercial to Community Commercial with Special Considerations for 3210, 3212, 3220, 3230, 3240 Broad Street (GP /R/ER 78 -05)