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HomeMy WebLinkAbout06/01/1992, C-3 - FINAL PASSAGE OF ORDINANCE TO ADD A MIXED-USE ZONE TO THE ZONING REGULATIONS (CR1538). I�I���IN►►�ullllllll(I�I�hI / 1 MEETING DATE: �►iuiu�� City.'J' o san �.�i s o8�spo z COUNCIL AGENDA REPORT ITEM NUMBER: FROM: Arnold Jonas, Community Development Director PREPARED BY: Glen Matteson, Associate Planner SUBJECT: Final passage of ordinance to add a mixed-use zone to the Zoning Regulations (CR1538) . CAO/STAFF RECOMMENDATION: Give final passage to Ordinance No. 1210, as introduced May 19, 1992, approving a negative declaration of environmental impact and adding a mixed-use zone to the Zoning Regulations, as recommended. DISCUSSION The Planning Commission has recommended that a "mixed-use" (MU) zone be provided. This new zone would allow development of' certain uses that are not usually combined on a site under existing zoning. The first step is to add to the text of the Zoning Regulations a statement of purpose and procedures for the new zone. . Later, applicants could request the zone be applied to certain property, or the City could initiate rezoning to apply the zone. No significant policy, environmental, or fiscal impacts are foreseen at this stage. The new zone simply provides procedures and standards for carrying out whatever type and degree of land use combinations are allowed or encouraged by the general plan. Any rezoning to apply the mixed-use zone to a site will require separate public notice and hearings. ALTERNATIVES The Council may, by motion: (1) reject the ordinance; (2) continue action; (3) introduce other ordinance language which does not conflict with State law, the general plan, or sections of the Zoning Regulations which are to remain. ATTACHMENTS Ordinance No. 1210, as introduced gmD: CR1538CF.WP ORDINANCE NO. 1210 (1992 SERIES) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO ADDING A MIXED-USE ZONE TO THE ZONING REGULATIONS (CR 1538) WHEREAS, the Planning Commission and the City Council have held public hearings to consider appropriate zoning provisions in accordance with the California Government Code; and WHEREAS, the City Council finds that the proposed zoning provisions are consistent with the general plan; and WHEREAS, the City Council has considered the potential environmental impacts of the new regulations, evaluated in initial study ER34-91; and WHEREAS, the proposed amendment promotes the public health, safety and general welfare; BE I.T ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Council determines that there will be no significant environmental impacts of adding the regulations and that additional environmental review will be required for any project proposed pursuant to the mixed-use zone, and hereby approves a negative declaration of environmental impact. SECTION 2 .. The Zoning Regulations are hereby amended by the addition of Chapter 17. 55, fully contained in the attached Exhibit A, includedin this ordinance by reference. SECTION 3 . A summary of this ordinance, approved by the City Attorney, together with the votes for and against, shall be published once, at least five (5) ,days prior to its final passage, in the Telegram-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 AND PASSED TO PRINT by the Council of the City of San Luis Obispo at its meeting held on the 19th day of May , 1992, on motion of Councilmem�i appa seconded by Councilmember Reiss and on the following roll call vote: AYES: Councilmembers Rappa , Reiss , Pinard , Roalman and Mayor Dunin NOES: None ABSENT: None Ordinance No. 1210 (1992 Series) Page 2 or Ron Dunin ATTEST: City Clerk Pam Voges APPROVED: City A ministrative Officer tto ne Community De opment Director gmD: 1538-ORD.WP C'3 3 EXHIBIT A Chapter 17.55 MIXED-USE (MU) ZONE Sections: 17.55: 010 Purpose 17.55. 020 Application and procedure 17.55. 030 Property development standards 17.55. 040 Mandatory findings 17.55. 010 Purpose The MU zone, in combination with any other zone, permits combining uses on a site which otherwise would not be allowed or required. The primary purpose of the- MU zone is to permit combining residential uses and commercial uses on a single parcel, although any combination of uses may be approved by the City. The MU zone is intended to promote a compact city, to provide additional housing opportunities (including affordable housing opportunities) , which is the first priority, and to reduce auto travel by providing services, jobs, and housing in proximity. The City desires the safety provided by having residential components in commercial areas. 17.55. 020 Application and procedure A. Application of the MU zone may be initiated by: (1) The City Council or Planning Commission, to ensure that mixed residential and commercial uses will be included when certain parcels are developed or redeveloped; or (2) An applicant, to obtain permission for a mix of uses not otherwise allowed. B. Each ordinance adopting an MU zone shall specify: (1) The types of uses which are required or allowed to be combined; (2) Any standards for the uses' locations or their relationships to each other; (3) Any issues specific to the site or the intended combination of uses which must be resolved by the design of the project. C. Use permit approval by the Planning Commission is required prior to establishing any use within the MU zone, except (!13 that this provision does not apply to changes of use within an existing building. The use permit requirement allows the Planning Commission to determine proposed uses ' compliance with the MU zone, compatibility with each other and their surroundings, and consistency with the general plan. 17.55. 030 Property development standards Property development standards shall be those of the underlying zone. However, use-permit approval may include more provisions and standards to assure compatibility of uses and surroundings, or less restrictive standards, to the extent allowed by use- permit approval in other sections of these regulations, to make particular use combinations more feasible. 17.55. 040 Mandatory findings A. In granting a use permit pursuant to this chapter, the Planning Commission must make the following findings: (1) The project's mixed uses are consistent with the general plan and are compatible with their surroundings, with neighboring uses, and with each other. (2) The project's design protects the public health, safety, and welfare. (3) The mixed uses provide greater public benefits than single-use development of the site. This finding must enumerate those benefits, such as proximity of workplaces and housing, automobile trip reduction, provision of affordable housing, or other benefits consistent with the purpose of this chapter. B. To require property development standards more restrictive than those of the underlying zone, the Planning Commission must make one of the following findings: (1) Site-specific property development standards are needed to protect all proposed uses of the site, in particular residential uses. (2) Site-specific property development standards are needed to make the project consistent with the intent of these regulations. (3) The preponderance of the development proposed for the site is of a type not normally permitted in the underlying zone, so property development standards for the zone where such development is normally found are appropriate. gmG: MUZ-XA.WP �3S