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HomeMy WebLinkAbout09/04/2001, C4 - FINAL PASSAGE OF ORDINANCE NO. 1397 (2001 SERIES), REZONING PROPERTY AT 3975 SOUTH HIGUERA TO NEIGH coun%,-, acEnda alepoin It.Nwnbo G CITY OF SAN LU IS OB ISPO FROM: John Mandeville, Community Development Dire Prepared By: Whitney McIlvaine, Associate Planner SUBJECT: FINAL PASSAGE OF ORDINANCE NO. 1397 (2001 SERIES), REZONING PROPERTY AT 3975 SOUTH HIGUERA TO NEIGHBORHOOD-COMMERCIAL (C-N). CITY FILE #: GP/R/ER 35- 01 CAO RECOMMENDATION Grant final passage to Ordinance No. 1397. DISCUSSION On August 21, 2001, the City Council voted 3 to I(Council member Schwartz voting no; Council member Marx absent) to introduce Ordinance No. 1397 to print, approving the requested rezoning. Ordinance No. 1397 is now ready for final passage. The new zoning designation will become effective 30 days after its final passage. Final passage of Ordinance No. 1397 (2001 Series) will amend the zoning map to change the zoning on four lots, located at the northeast corner of.South Higuera Street and Suburban Road and developed with a Food 4 Less grocery store, from Service- Commercial to Neighborhood-Commercial. City file #: GP/R/ER 35-01. Post-V brand tax transmittal memo 7671 1#of pages P. TJOhrn Kni ht F/ O eLk Co. e5 i c',,4,, o . 5 L Dept. Phony Attached: Ordinance No.1397 p Fax#54 3 — +6 U 9 Fax#-781 � 1 10 . Wmct1vai/0rdrrK rezone second reading(35-01) ORDINANCE NO. 1397 (2001 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE ZONING REGULATIONS MAP TO CHANGE THE ZONING FOR PROPERTY AT 3975 SOUTH HIGUERA (FOOD 4 LESS SHOPPING CENTER) FROM SERVICE COMMERCIAL TO NEIGHBORHOOD COMMERCIAL GP/R/ER 35-01 WHEREAS, the Planning Commission conducted a public hearing on June 13, 2001 and recommended approval of amendments to the City's Zoning Map; and WHEREAS, the City Council conducted a public hearing on August 21, 2001 and has considered testimony of interested parties, the records of the Planning Commission hearing and action, and the evaluation and recommendation of staff, and WHEREAS, the City Council finds that the proposed rezoning is consistent with the General Plan, the purposes of the Zoning Regulations, and other applicable City ordinances; and WHEREAS, the City Council has considered the draft Negative Declaration of environmental impact as prepared by staff and reviewed by the Planning Commission; and BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination. The City Council finds and determines that the project's Negative Declaration adequately addresses the potential significant environmental impacts of the proposed map amendment to the Zoning Regulations, and reflects the independent judgment of the City Council. The Council hereby adopts said Negative Declaration and incorporates the following mitigation measures into the project: 1. Uses established on the project site as well as physical site development shall be consistent with the Airport Land Use Plan to the satisfaction of the Airport Land Use Commission. 2. Site development approved after rezoning the property shall include, as part of the project description, installation of a transit shelter at the S. Higuera Street turnout near the .Suburban Road, with the design to the approval of the Transit Manager. 3. Sidewalks should be provided on both sides of the & Higuera entrance driveway to the rezoning site to provide connections to Building Pads B and C. 4. Build out of the center shall include pedestrian amenities (walkways, seating, landscaping, etc.) in the areas highlighted on the attached Exhibit B to the satisfaction of the Community Development Director. 5. Build out of the center shall comply with applicable mitigation measures adopted in conjunction with subdivision of the project site and with architectural approval of the main Ordinance No. (2001 Series) GP/R 35-01 Page 2 buildings in the center(City file#'s ER 54-93 and ER 74-95). SECTION 2. Findings. The City Council makes the following findings: 1. The proposed rezoning is consistent with General Plan Land Use Element policies regarding Neighborhood-Commercial zoning. SECTION 3. Action. The Zoning Regulations Map Amendment (GP/R 35-01), as depicted on attached Exhibit A, is hereby approved. SECTION 4. 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 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 on the day of , 2001, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the day of , 2001, on the following roll call vote: i AYES: NOES: ABSENT: Mayor Allen Settle ATTEST: City Clerk Lee Price APPROVED AS TO FORM: .. 6CiAttorne Jef rgensen rsw .f r �wr y .��..•o.��rt> � { 3qg, > Nf yy c t^;1 r^ �fi t'J����'if�,4� •JiP%�� h 1 f l lar slif ,�,,� Gf t>Sf 1 J c_� • w:�l�•^ :)fes `-�<�j"�) /�r - iw._.;.�i. All w 1A SaW • .. vis ��,,rp (�ri��y, b_. �y.' �WI ' j� r • axe _v;,'.V}.7nRll:eh. .,ie��illiHLPtmty}4 9S aw++•- j1£�+a;:;yecNata'vv^w�. �N.•at.s uenwu�ra.. .. • J MLANG y-01 AGENDA. L DATE ITEM #� September 4,2001 fi;ieCOUNCIL 5KD0 DIR &tAO ❑ FIN DIA [CACAO [I FIRE CHIEF MEMORANDUM [ ATrORNEY C: PW DIR ff"CLERK/ORIG ❑ POLICE CHF ❑ oEPT HEADS ElREC DIR TO: City Council p9't' j ❑ UTIL DIR &*tFTT6 ❑ HR,DIR FROM: Mary Kopecky, Assistant City Clerk ✓ W. M&I1 vat ✓ R• W h"5aVVL- d SUBJECT: Modification to Item C4 (Ordinance No. 1397) The planner for Item C4(with City Attorney approval as to form) modified the language of Ordinance No. 1397 to more accurately reflect Council desires at the last meeting relating to pedestrian pathways. Attachment: ' Amended Ordinance No. 1397 (Please note strike outs and redline changes.) 0 0 ORDINANCE NO. 1397 (2001 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE ZONING REGULATIONS MAP TO CHANGE THE ZONING FOR PROPERTY AT 3975 SOUTH HIGUERA (FOOD 4 LESS SHOPPING CENTER) FROM SERVICE COMMERCIAL TO NEIGHBORHOOD COMMERCIAL GP/R/ER 3541 WHEREAS, the Planning Commission conducted a public hearing on June 13, 2001 and recommended approval of amendments to the City's Zoning Map; and WHEREAS, the City Council conducted a public hearing on August 21, 2001 and has considered testimony of interested parties, the records of the Planning Commission hearing and action, and the evaluation and recommendation of staff, and WHEREAS, the City Council finds that the proposed rezoning is consistent with the General Plan, the purposes of the Zoning Regulations, and other applicable City ordinances; and WHEREAS, the City Council has considered the draft Negative Declaration of environmental impact as prepared by staff and reviewed by the Planning Commission; and BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination. The City Council finds and determines that the project's Negative Declaration adequately addresses the potential significant environmental impacts of the proposed map amendment to the Zoning Regulations, and reflects the independent judgment of the City Council. The Council hereby adopts said Negative Declaration and incorporates the following mitigation measures into the project: 1. Uses established on the project site as well as physical site development shall be consistent with the Airport Land Use Plan to the satisfaction of the Airport Land Use Commission. 2. Site development approved after rezoning the property shall include, as part of the project description, installation of a transit shelter at the S. Higuera Street turnout near the Suburban Road, with the design to the approval of the Transit Manager. -3- Sidewalks shetfld be pr-evided on beth sides of the S. Higuer-a en4mee dr-ivewq�r to the 4— 3 J Build out of the center shall includesidel walks _and pedestrian amenities (walkways, seating, landscaping, etc.) in the areas highlighted on the attached Exhibit B to the satisfaction of the Community Development Director. 3.L, Build out of the center shall comply with applicable mitigation measures adopted in conjunction with subdivision of the project site and with architectural approval of the main 0 0 Ordinance No. (2001 Series) GP/R 35-01 Page 2 buildings in the center(City file#'s ER 54-93 and ER 74-95). SECTION 2. Findings. The City Council makes the following findings: 1. The proposed rezoning is consistent with General Plan Land Use Element policies regarding Neighborhood-Commercial zoning. SECTION 3. Action. The Zoning Regulations Map Amendment (GP/R 35-01), as depicted on attached Exhibit A, is hereby approved. SECTION 4. 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 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 on the day of , 2001, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the day of , 2001, on the following roll call vote: AYES: NOES: ABSENT: Mayor Allen Settle ATTEST`. City Clerk Lee Price APPROVED AS TO FORM: i tto ey JcVgensen di 1 r iOF ' ra ✓n L r l6 ���Al d\�yr��r \ M v,ytw � 6K'.eb9.PiP.!?%•xAf l -`A']1'>i ijPtoltG.cj::1 S1Y� �1�'11y1 .iCP'd�.T`y1.'�4,ir.7 iTL�N�9.11fCrY.i'UK'1.���5•;�" - .' . V � Ty '.444^�:' .IS• - r