HomeMy WebLinkAbout1335ORDINANCE NO. 1335 (1998 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL OF THE PLANNING COMMISSION'S
ACTION, THEREBY AMENDING THE ZONING MAP
FROM MEDIUM -HIGH DENSITY RESIDENTIAL WITH THE HISTORICAL
PRESERVATION OVERLAY ZONE (R -3 -H) TO MEDIUM -HIGH DENSITY
RESIDENTIAL WITH THE MIXED USE AND HISTORICAL PRESERVATION
OVERLAY ZONES (R- 3 -MU -H) FOR PROPERTY LOCATED AT
963 & 967 BROAD STREET (R 38 -97)
WHEREAS, the Planning Commission conducted public hearings on August, 13, 1997,
January 14, 1998, and March 25, 1998, and ultimately recommended approval of the rezoning (R
38 -97) to change the designation on the City's zoning map from Medium -High Density
Residential with the Historical Preservation overlay zone (R -3 -H) to Medium -High Density
Residential with the Mixed Use and Historical Preservation overlay zones. (R- 3- MU -H), for
property located at 963 & 967 Broad Street; and
WHEREAS, Brett Cross, 1217 Mariner's Cove, filed an appeal of the Planning
Commission's action on April 2, 1998; and
WHEREAS, the City Council conducted public hearings on, February 17, 1998, and
April 21, 1998, and has considered testimony of the applicants, the appellant, interested parties,
the records of the Planning Commission hearings and actions, and the evaluation and
recommendation of staff; and
WHEREAS, the City Council finds that the proposed rezoning is consistent with the
General Plan and other applicable City ordinances; and
WHEREAS, the City Council has considered the draft Negative Declaration of
environmental impact with addendum as prepared by staff and reviewed by the Planning
Commission.
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
1335
Ordinance No. (1998 Series)
Page 2
SECTION 1. Environmental Determination. The City Council finds and determines that
the project's Negative Declaration with addendum adequately addresses the potential significant
environmental impacts of the proposed general plan map amendment and rezoning, and reflects
the independent judgment of the City Council. The Council hereby adopts said Negative
Declaration.
SECTION 2. Findings. That this Council, after consideration of the proposed rezoning
to change the City's zoning map designation from Medium -High Density Residential with the
Mixed Use and Historical Preservation overlay zones (R- 3- MU -H), makes the following
findings:
1. The proposed rezoning is consistent with the goals and policies of the General Plan,
specifically Housing Element Program 3.3.2 which calls for no net housing loss in the
downtown area.
2. The proposed development of the site will be compatible with surrounding land uses
because additional parking to meet ordinance requirements will be provided.
3. The project is consistent with the goals of the Mixed Use overlay zone which is to
combine residential with commercial uses to provide services, jobs and housing in close
proximity to one another.
4. A Negative Declaration with mitigation measures was prepared by the Community
Development Department on August 3, 1997, which describes significant environmental
impacts associated with the project. The Negative Declaration concludes that the project
will not have a significant adverse impact on the environment subject to the mitigation
measures shown in the attached initial study ER 38 -97 being incorporated into the
project. The City Council has reviewed and considered the information contained in the
attached addendum in its consideration of the Mitigated Negative Declaration ER 38 -97,
Rezoning R 38 -97, and Use Permit U 38 -97, and finds that the preparation of a
subsequent Negative Declaration is not necessary because:
• the proposed project's scale and complexity has been minimized from original plans;
• a commitment has been made to retain a separate and functional residential unit in the
main house;
• the changes are consistent with City goals to encourage mixed uses and preserve
1335
Ordinance No. (1998 Series)
Page 3
housing downtown; and
• the proposal will help to rehabilitate a historical house that was badly damaged by a
fire.
SECTION 3. Action. The appeal is denied, and the request to change the City's zoning
map designation from Medium -High Density Residential with the Historical Preservation
overlay zone (R -3 -H), to Medium -High Density Residential with the Mixed Use and Historical
Preservation overlay zones (R- 3- MU -H), for property located at 963 & 967.Broad Street, is
hereby approved.
SECTION 4. Adoption.
1. The zoning map is hereby amended as shown in Exhibit A.
2. The MU overlay zoning enables the combination of office and residential uses in the
main structure at 963 Broad Street. The floor area of the offices in the main structure is
restricted to 600 square feet consistent with the Planning Commission's approval of Use
Permit U 38 -97 through Planning Commission Resolution No. 5219 -98.
3. The property development standards of the R -3 zoning category apply to the site.
Required parking was set at two spaces with the Planning Commission's approval of Use
Permit U 38 -97 through Planning Commission Resolution No. 5219 -98.
4. The Community Development Director shall cause the change to be reflected in
documents which are on display in City Hall and are available for public viewing and use.
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
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.
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Ordinance No. (1998 Series)
Page 4
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis
Obispo at its meeting held on the 21 day of April , 1998, on a motion of
Council Member Romero _, seconded by Council Mbr.Williamsand on the following
roll call vote:
AYES: Council Member Romero, Williams, Smith, Mayor Settle
NOES: Council Member Roalman
ABSENT: None
The foregoing resolution was passed and adopted this 21 day of April , 1998.
ATTEST:
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APPROVED AS TO FORM:
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REZONING MAP R 38-97 NORTH
963 & 967 BROAD
Ordinance No. 1335 (1998 Series)
FINALLY PASSED this 5th day of May, 1998, on motion of Council
Member Smith, seconded by Council Member Romero, and on the following roll call
vote:
AYES: Council Members Smith, Romero, Williams, and Mayor Settle
NOES: Council Member Roalman
ABSENT: None
Mayor Allen K. Settle
ATTEST:
ity Clerk 13o #e L. awf