HomeMy WebLinkAbout1518ORDINANCE NO. 1518 (2008 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A PLANNED DEVELOPMENT OVERLAY MODIFICATION
FOR THE WALTER BROTHERS CENTER
LOCATED AT 3190 -3250 SOUTH HIGUERA STREET (PD 41 -08)
WHEREAS, the Planning Commission conducted a public hearing on May 14, 2008,
and recommended approval of the project; and
WHEREAS, the City Council conducted a public hearing on June 17, 2008, and has
considered testimony of interested parties, the records of the Planning Commission hearing and
action, and the evaluation and recommendation of staff; and
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 removing real estate offices from the list of prohibited uses in the Planned
Development is consistent with the General Plan because the Land Use Map designation
for the property is Office, which allows real estate offices under the Office- Business and
Service land use category.
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 no demonstrated evidence exists to support that
removing the prohibition on real estate offices in the Walter Brothers Center will be
detrimental to the City's desire for 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. The request to remove real estate offices
as a prohibited use from the Walter Brothers Center PD overlay is hereby approved, and is
reflected in the following revised conditions:
01518
Ordinance No. 1518 (2008 Series)
Page 2
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. Uses allowed and prohibited within this O -PD zone shall be as provided in Exhibit A
attached.
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 17th day of June 2008, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 15th day of July 2008, on the following roll call
vote:
AYES: Council Members Carter, Mulholland and Settle, Vice Mayor Brown and
Mayor Romero
NOES: None
ABSENT: None
Mayor David F. Romero
ATTEST:
(ZAt�v 4�7�
Audrey Ho der
City Clerk
APPROVED AS TO FORM:
on P. Lowell
City Attorney
EXHIBIT A — PD 41 -08
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 which is 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 17.08.0101))
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
Exhibit A of Ordinance No. (2008 Series)
Application No. PD 41 -08
Page 2 of 3
Dwellings NO
Employment agencies
A*
Government agency offices and meeting rooms A*
Homeless shelters (see Section 17.08.110) PC
Hospitals NO
Insurance service — local
A
Insurance services — regional office A
Laboratories (medical, analytical) PC
Mortuaries
iRE
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
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.)
Exhibit A of Ordinance No. (2008 Series)
Application No. PD 41 -08
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