HomeMy WebLinkAbout1522ORDINANCE NO. 1522 (2008 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
AMENDING THE ZONING MAP TO ADD THE MIXED -USE (MU)
OVERLAY TO THE EXISTING ZONING CATEGORIES ON THE SITE
FOR THE PROPERTIES LOCATED AT 2238 BROAD STREET, AND 642
& 2201 EMILY STREET; R/ER 70 -08
WHEREAS, the Planning Commission conducted a public hearing on September 10,
2008, and approved Use Permit # U 70 -08 to allow the proposed mixed -use (MU) development
with 74 dwellings and about 35,000 square feet of commercial floor area, and recommended to
the Council approval of the proposed MU overlay zoning (R/ER 70 -08); 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 October
7, 2008, pursuant to a proceeding instituted under application R/ER 70 -08, RMD Development,
applicant; 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 considered the Mitigated Negative Declaration (MND)
of environmental impact that was previously approved by the Council on July 18, 2006, and the
Addendum prepared to update the MND and endorsed by the Planning Commission; 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.
The proposed rezoning is consistent with the goals and policies of the General Plan,
including Land Use Element Policy 3.8, Mixed Uses, which states that "Compatible mixed
-uses in commercial districts should be encouraged. "
2. The planned development of the site and proposed uses will comply with the MU zone,
are compatible with each other and their surroundings, and are consistent with the General
Plan (SLO Municipal Code Section 17.55.020C.).
3. The project is consistent with the purpose of the Mixed Use overlay zone which is to
allow the combining of uses on a site which otherwise would be optional.
01522
Ordinance No. 1522 (2008 Series)
Page 2
4. The mixed uses provide greater public benefits than single use development of the site
including:
a. services which benefit on -site workers, as well as neighbors;
b. reduced auto travel by providing services and jobs in close proximity to nearby
housing; and
c. support for the development of alternative transportation opportunities by providing
facilities for bicycles and a bus stop and shelter.
5. The proposed building height of 45 feet is hereby approved with the Mixed Use overlay
zoning to more effectively accommodate proposed housing in Building E because:
a. it is consistent with Section 17.55.030 of the Mixed Use zone chapter of the Zoning
Regulations, which states that "the application of the MU overlay to property may
include establishing a higher height limit than the underlying zone, to more
effectively accommodate the residential component of a mixed use project ";
b. a building of essentially the same height was previously approved in the same general
location; and
c. the ARC found with their conceptual review of the project on July 21, 2008 that the
added height would not result in significant aesthetic impacts.
6. The City Council has reviewed and considered the information contained in this
addendum in its consideration of the Mitigated Negative Declaration ER 62 -05 and finds
that the preparation of a subsequent Negative Declaration is not necessary because:
a. None of the circumstances included in Section 15162, which require a subsequent
Mitigated Negative Declaration have occurred, specifically:
i. The project changes do not result in new or more severe environmental impacts.
ii. The circumstances under which the project is undertaken will not require major
changes to the Mitigated Negative Declaration.
iii. The modified project does not require any substantive changes to previously
approved mitigation measures.
b. The proposed additions and changes are minor and generally consistent with the
previous mixed -use project approved for the same site by the City Council on July 18,
2006.
Ordinance No. 1522 (2008 Series)
Page 3
c. The changes are consistent with City goals to promote the intensification of infill sites
and goals to provide a variety of housing types in the community.
d. The proposed scale and design of buildings will be compatible with surrounding uses
with the review and approval of project plans by the City's Architectural Review
Commission, consistent with the City's General Plan, Zoning Regulations, Railroad
District Plan, and Community Design Guidelines.
SECTION 2. Action. The Zoning Regulations Map Amendment (R/ER70 -08) is hereby
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 7th day of October, 2008, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 21 st day of October, 2008, on the following vote:
AYES: Council Members Carter and Mulholland, Vice Mayor Brown and Mayor
Romero
NOES: None
ABSENT: Council Member Settle
Mayor David F. Romero
ATTEST:
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APPROVED AS TO FORM: City as*
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Jonathan P. Lowell
City Attorney
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Rezoning Map 70-08
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Rezoning Map 70-08
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