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HomeMy WebLinkAboutO-1652 AMENDING THE CITY’S ZONING MAP TO DESIGNATE CONSERVATION-OPEN SPACE WITH A SPECIAL CONSIDERATIONS OVERLAY (RZ-1629-2018; 159 & 161 BROAD STREET AND 141 BRESSI PLACE)O 1652 ORDINANCE NO. 1652 (2018 SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING THE CITY’S ZONING MAP TO DESIGNATE APPROXIMATELY 20.2 ACRES WITHIN THE R-1 AND C/OS-20 ZONES ON THE WEST SIDE OF BROAD STREET, SOUTH OF SERRANO DRIVE, AS R-1-S, LOW-DENSITY RESIDENTIAL ZONE AND C/OS-S-20, CONSERVATION/OPEN SPACE WITH A SPECIAL CONSIDERATIONS OVERLAY (RZ-1629-2018; 159 & 161 BROAD STREET AND 141 BRESSI PLACE) WHEREAS, the Planning Commission of the City of San Luis Obispo, conducted a public hearing on September 23, 2015, to review of Minor Subdivision 32-14 and identified concerns related to possible future development on the remainder parcel of the subdivision, the property known as 159 & 161 Broad Street and associated adjacent properties previously known as Bressi Ranch; and WHEREAS, the Planning Commission requested that staff evaluate the possibility of designated the area as a sensitive site and adding a special consideration overlay to the properties, to ensure impacts related to hillside development, identified wildlife corridor, and creek protection are properly evaluated for any proposed new development; and 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 June 27, 2018; continuing the project to July 11, 2018 to revise the project to include the C/OS-20 portions of the property; and 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 July 11, 2018 for the purpose of considering amendments to the City’s Zoning Map to designate approximately 20.2 acres within the R-1 and C/OS-20 zones on the west side of Broad street, south of serrano Drive, as R-1-S, Low-Density Residential zone with a Special Considerations Overlay and C/OS-S-20, Conservation/Open Space with a Special Considerations Overlay, and making recommendations to the City Council regarding such amendments; 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 August 21, 2018, for the purpose of introducing an ordinance for the rezone of the property; and Ordinance No. 1652 (2018 Series) Page 2 O 1652 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Review. Based upon all the evidence, City Council adopts the Initial Study / Negative Declaration as prepared for the comprehensive Zoning Regulations Update (GENP-0327-2018). The Initial Study addresses all environmental issues listed in Appendix G of the State CEQA Guidelines, and tiers with and incorporates, by reference, the Land Use and Circulation Element Final Program Environmental Impact Report pursuant to State CEQA Guidelines Sections 15150 (Incorporation by Reference), 15152 (Tiering), and 15168 (Program EIR). SECTION 2. Findings. Based upon all the evidence, the Council makes the following findings: 1. The proposed “S” overlay zoning will assure that any new development or use of the site will be subject to a Conditional Use Permit to be reviewed by the Planning Commission to address the special considerations for the site which are: protection of the wildlife habitat and corridors, preservation of hillside open space, geological constraints including slope stability and grading, aesthetic concerns of visually prominent sites, creek protection, and fire protection issues. SECTION 3. Action. The City Council of San Luis Obispo herby amends the City’s Zoning Map to designate the property as depicted in Exhibit A attached hereto and incorporated herein, to be R-1-S, Low-Density Residential, and C/OS-S-20, Conservation/Open Space with a Special Considerations Overlay. 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 BROADSERRANO MI S S IONBRESSIPALOMAR MURRAY MISSION R-1 C/OS-20 R-1 R-1 R-1 R-1 R-1-PD R-1 R-1 R-1 R-1 R-1 Exhibit - A RZ-1629-2018 Rezone from R-1 to R-1-S &C/OS-20 to C/OS-S-20 ¯ Ordinance No. 1652 (2018 Series) EXHIBIT A Page 4