HomeMy WebLinkAbout1572ORDINANCE NO. 1572 (2012 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO AMENDING THE ZONING DESIGNATIONS FROM THE
OFFICE (0) ZONE TO THE DOWNTOWN- COMMERCIAL (C -D) ZONE
FOR PROPERTIES LOCATED AT 1231 -1233 GARDEN STREET, 734 -740
PACIFIC STREET, AND 1234 BROAD STREET
On Tuesday, January 3, 2012, the Council of the City of San Luis Obispo voted 5 -0 as
follows to introduce Ordinance No. 1572 (2012 Series):
AYES: Council Members Ashbaugh, Carter and Smith, Vice Mayor Carpenter and
Mayor Marx
NOES: None
ABSENT: None
Ordinance No. 1572 (2012 Series) amends the Zoning designations from the Office (0) Zone to
the Downtown - Commercial (C -D) Zone for properties located at 1231 -1233 Garden Street, 734-
740 Pacific Street, and 1234 Broad Street.
The Council must vote again to approve this ordinance before it can take effect. That action is
tentatively scheduled for January 17, 2012, at a Regular City Council meeting to begin at 7:00 p.m.
in the Council Chamber of City Hall, 990 Palm Street.
Copies of the complete ordinance are available in the City Clerk's Office in City Hall and online at
www.slocit�org. For more information, contact Brian Leveille at 781 -7166.
Elaina Cano, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO ) ss.
CITY OF SAN LUIS OBISPO )
AFFIDAVIT OF POSTING
I, Elaina Cano, being first duly sworn, deposes and says: That she is the duly appointed and
qualified City Clerk of the City of San Luis Obispo and that on January 12, 2012, she caused the above
Notice to be posted at San Luis Obispo City Hall, San Luis Obispo, California.
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115-4ina Cano, City C c
San Luis Obi spo, California � WyP t � 16_
INThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities.
Telecommunications Device for the Deaf (805) 781 -7410.
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ORDINANCE NO. 1572 (2012 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO AMENDING THE ZONING DESIGNATIONS FROM THE
OFFICE (0) ZONE TO THE DOWNTOWN- COMMERCIAL (C -D) ZONE
FOR PROPERTIES LOCATED AT 1231 -1233 GARDEN STREET, 734 -740
PACIFIC STREET, AND 1234 BROAD STREET
On Tuesday, January 3, 2012, the Council of the City of San Luis Obispo voted 5 -0 as
follows to introduce Ordinance No. 1572 (2012 Series):
AYES: Council Members Ashbaugh, Carter and Smith, Vice Mayor Carpenter and
Mayor Marx
NOES: None
ABSENT: None
Ordinance No. 1572 (2012 Series) amends the Zoning designations from the Office (0) Zone to
the Downtown- Commercial (C -D) Zone for properties located at 1231 -1233 Garden Street, 734-
740 Pacific Street, and 1234 Broad Street.
The Council must vote again to approve this ordinance before it can take effect. That action is
tentatively scheduled for January 17, 2012, at a Regular City Council meeting to begin at 7:00 p.m.
in the Council Chamber of City Hall, 990 Palm Street.
Copies of the complete ordinance are available in the City Clerk's Office in City Hall and online at
www.slocit ��org. For more information, contact Brian Leveille at 781 -7166.
Elaina Cano, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO ) ss.
CITY OF SAN LUIS OBISPO )
AFFIDAVIT OF POSTING
I, Elaina Cano, being first duly sworn, deposes and says: That she is the duly appointed and
qualified City Clerk of the City of San Luis Obispo and that on January 12, 2012, she caused the above
Notice to be posted at San Luis Obispo City Hall, San Luis Obispo, California.
na Can City Glen �4�47�7
San Luis Obi spo, California �"�
OThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities.
Telecommunications Device for the Deaf (805) 781 -7410.
ORDINANCE NO. 1572 (2012 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO REZONING PROPERTIES
AT 1231 -1233 GARDEN STREET, 734 -740 PACIFIC STREET, AND 1234 BROAD
STREET FROM OFFICE (0) TO
DOWNTOWN- COMMERCIAL (C -D)
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 September 28, 2011, and recommended approval of the rezoning; 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 January
3, 2012, for the purpose of considering the proposed rezoning from Office (0) to Downtown -
Commercial (C -D); and
WHEREAS, the City Council finds that the proposed rezone is consistent with the
General Plan; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Environmental Determination. A Negative Declaration of Environmental
Impact (ER 54 -11) was prepared and was recommended for adoption by the Planning
Commission on September 28, 2011. 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.
SECTION 2. Findings. Based upon all the evidence, the Council makes the following
findings:
1. The proposed rezone furthers the goals of the General Plan Policy HE 5.3, which
encourages the development of mixed -use projects with residences above commercial
uses in close proximity to activity centers.
2. The proposed rezone is consistent with LUE Policy 4.2.1, which states that existing uses
in and around the commercial core should be protected, and new ones developed.
3. The proposed rezone is consistent with LUE Policy 3.4.1 to have sufficient land for
office development since significant office zoning remains around the project site, and
Downtown- Commercial Zoning provides ample opportunity for office uses.
01572
Ordinance No. 1572 (2012 Series)
Page 2
4. The proposed rezone will not be detrimental to the health, safety and welfare of those
living and working in the vicinity since the proposed changes to the City's maps provide
for compatible land uses and any future development of the site will be subject to
Architectural Review which includes evaluation of neighborhood compatibility with
proposed site development.
SECTION 3. Rezoning Action. The Council of San Luis Obispo hereby approves the
rezone from Office (0) to Downtown - Commercial (C -D) as shown in attached "Exhibit A" with
incorporation of the following conditions of approval:
The proposed General Plan amendment and rezone will allow for more intensive
development than the property's current land use designation and zoning allows. At time
of submittal for redevelopment, plans shall be include all information deemed necessary
by the City to evaluate the adequacy of City infrastructure (i.e. traffic, sewer, water) in
the Downtown- Commercial Zone.
2. The project applicant is responsible for all necessary upgrades to City infrastructure from
any project specific impacts which may result from the development project in the
Downtown - Commercial (C -D) Zone.
3. The City Council shall review the final design for any development project in excess of
15,000 square feet or 35 feet in height.
SECTION 4. Severability. If any subdivision, paragraph, sentence, clause, or phrase of
this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent
jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the
remaining portions of this ordinance, or any other provisions of the City's rules and regulations.
It is the City's express intent that each remaining portion would have been adopted irrespective
of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be
declared invalid or unenforceable.
SECTION 5. 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.
Ordinance No. 1572 (2012 Series)
Page 3
INTRODUCED on the 3rd day of January, 2012, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 17th day of January, 2012, on the following vote:
AYES: Council Members Ashbaugh, Carter and Smith, Vice Mayor Carpenter
and Mayor Marx
NOES: None
ABSENT: None
ATTEST:
Elaina Cano
City Clerk
APPROVED,r$ TO
Sistine Dietrick
Attorney
or Jan Marx
1 hereby 00f" thud "ft docurmwd I$.e ttw
and accurate origin#! d 04"W" Nd.1
and that the ordinance was Public PMWR
to Charter Section 802.
City Clerk