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HomeMy WebLinkAbout1496ORDINANCE NO. 1496 (2006 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE ZONING MAP FOR THE PROPERTY AT 851 AND 860 HUMBERT AVENUE FROM MANUFACTURING (M) TO MEDIUM -HIGH DENSITY RESIDENTIAL WITH THE SPECIAL CONSIDERATIONS OVERLAY (R -3 -S); GP/R/ER 27 -06 WHEREAS, the Planning Commission conducted a public hearing on June 14, 2006, and recommended approval of the project; 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 June 14, 2006, pursuant to a proceeding instituted under application GP/R/ABAN/ER 27 -06, Housing Authority of San Luis Obispo County, applicant; and WHEREAS, the City Council has considered the draft Mitigated Negative Declaration of environmental impact as prepared by staff and reviewed by the Planning Commission; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. BE IT ORDAINED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. 1. The City Council finds and determines that the project's Mitigated Negative Declaration adequately addresses the potential significant environmental impacts of the proposed project, and reflects the independent judgment of the Council. 2. The proposed General Plan Amendment and Rezoning is consistent with General Plan Land Use Element policies regarding the expansion of housing opportunities and maximizing the development potential of infill sites. Additionally, the project is consistent with General Plan Housing Element goals and polices which encourage facilitating housing production and land use efficiency, including HE Policy 6.3.7 which specifically identifies this area as potentially being appropriate for residential uses. 3. The modification of 851 and 860 Humbert Avenue from an industrial designation (Manufacturing: M) to a residential designation (Medium -High Density Residential: R -3) would not adversely impact the overall supply of manufacturing property in the City, as the proximity of the sites to residential and park uses make it undesirable for many industrial uses, and the recent adoption of the Airport Area Specific Plan (AASP) facilitates the use of additional land for this purpose. 4. The modification of 851 and 860 Humbert Avenue from an industrial designation (Manufacturing: M) to a residential designation (Medium -High Density Residential: R -3) would not result in an inappropriate development on the site, as the Special Considerations "S" overlay will insure that future residents are aware of the existing airport, railroad, and manufacturing uses in the vicinity. 5. The modification of 851 and 860 Humbert Avenue from an industrial designation (Manufacturing: M) to a residential designation (Medium -High Density Residential: R -3) would not result in an inappropriate density on the site, as the Special Considerations "S" overlay will insure that future development of the sites is consistent with ALUP safety policies. 6. The Special Considerations "S" overlay is appropriate at this site, as it will ensure that future development of the sites are consistent with ALUP safety policies and City noise standards. To ensure that future development of 851 and 860 Humbert Avenue does not exceed ALUP density standards and is consistent with City noise and land use policies, the following standards shall apply to the Special Considerations overlay for these sites: Airport Safety a. All owners, potential purchasers, occupants (whether as owners or renters), and potential occupants (whether as owners or renters) will receive the disclosure document approved by the Airport Land Use Commission in conjunction with this review prior to entering any contractual obligation to purchase, lease, rent, or otherwise occupy any property or properties within the airport area. b. Development of the sites shall be evaluated for consistency with the City Zoning Regulations and Airport Land Use Safety policies, including maximum density of persons per acre, with development not to exceed a total of 86 front doors. c. Aviation easements will be recorded for all properties involved in proposed development. Noise d. The construction of future residential uses at 851 Humbert Avenue shall be accompanied by an acoustical analysis (noise study) to ensure that interior spaces and exterior private use areas are designed to 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. e. All owners and occupants shall receive disclosure concerning the adjacent manufacturing uses and potential noise exposure. SECTION 2. Action. The Zoning Regulations Map Amendment (R 27 -06) is hereby approved as identified within Exhibit A. SECTION 3. A summary of this ordinance, together with the names of Council Ordinance No. 1496 (2006 Series) Page 3 approved as identified within Exhibit A. SECTION 3. 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 18`h day of August 2006, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 5`h day of September 2006, on the following roll call vote: AYES: Council Members Brown. Ewan, and Mulholland, Vice Mayor Settle, and Mayor Romero NOES: None ABSENT: None ATTEST: Xudrey Hoo r City Clerk APPROVED AS TO FORM: Jona . Lowell City Attorney Mayor David F. Romero 1 hereby car" that this document is a true and accurate original of Ordinance No. 1`t_.clfv , and that the ordinance was 7/jj 7pubiishe pursuant �q� J� Sect � City Clerk Zoning Map Legend = R-1 GP,,'P,/'ABAN,,'ER 27-06 GS 850 and 861 Hiunbert lime PF M R-2 clos Md R-3