HomeMy WebLinkAbout1523ORDINANCE NO. 1523 (2009 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE ZONING MAP FOR THE UNADDRESSED PARCEL AT
APN 004 - 951 -009 FROM MANUFACTURING (M) TO MEDIUM -HIGH DENSITY
RESIDENTIAL WITH THE SPECIAL CONSIDERATIONS OVERLAY (R -3 -S) AND
APPLYING THE PLANNED DEVELOPMENT (PD) OVERLAY TO THE
ENTIRE SITE; GPA/R/PD /TR/ABAN /A 27 -06 AND ER 123 -08
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 February 11, 2009, for the purpose of considering application
GPA/R/PD /TR/ABAN /A 27 -06 and ER 123 -08, a request to allow a General Plan Amendment
and Rezoning, Planned Development Rezone, Vesting Tentative Tract Map, Abandonment of
rights -of -way, Use permit for development of a sensitive site, and Purchase of surplus property
for a workforce housing and mixed -use development;
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 March
17, 2009, for the purpose of considering the project; and
WHEREAS, the Council has duly considered all evidence, including the
recommendation of the Planning Commission, testimony of interested parties, and the evaluation
and recommendations by staff, presented at said hearing.
NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Zoning Map Amendment Findings. Based upon all the evidence, the City
Council makes the following findings:
1. The proposed Rezoning is consistent with General Plan Land Use Element policies
regarding the expansion of housing opportunities and maximizing the development potential
of infill sites. Additionally the project is consistent with Housing Element goals and policies
which encourage facilitating housing production and land use efficiency, including HE
Policy 3.12.7, which specifically identifies this area as potentially being appropriate for
residential uses.
2. The redesignation of the unaddressed vacant parcel from an industrial designation
(Manufacturing: M) to a residential designation (Medium -High Density Residential: R -3)
would not adversely impact the overall supply of manufacturing property in the area, as the
proximity of the site to residential uses and constrained access make it undesirable for many
industrial uses.
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Ordinance No. 1523 (2009 Series)
Page 2
3. The redesignation of the unaddressed vacant parcel from an industrial designation
(Manufacturing: M) to a residential designation (Medium -High Density Residential: R -3)
would not result in an inappropriate development on the site, as the Special Considerations
"S" overlay will insure that development of the site is consistent with ALUP safety and City
noise policies. The following standards shall apply to the Special Considerations overlay for
the site:
Airport Safety
a. All owners, potential purchasers, occupants (whether as owners or renters), and
potential occupants (whether as owners or renters) will receive the disclosure
document approved by the Airport Land Use Commission in conjunction with this
review prior to entering any contractual obligation to purchase, lease, rent, or
otherwise occupy any property or properties within the airport area.
b. Development of the site shall be consistent with City Zoning Regulations and
Airport Land Use Safety policies, including maximum density of persons per acre.
c. Aviation easements will be recorded for all properties involved in the proposed
development.
Noise
d. The construction of residential uses at the site shall be accompanied by an
acoustical analysis (noise study) to ensure that interior spaces and exterior private use
areas are designed to mitigate noise impacts to levels determined acceptable by the
City's General Plan Noise Element. Specific construction details shall be identified as
recommendations in the study.
e. All owners and occupants shall receive disclosure concerning the adjacent
manufacturing uses and potential noise exposure.
SECTION 2. Planned Development Rezone Findings. Based upon all the evidence, the
City Council makes the following findings:
4. The project is consistent with the General Plan and the Airport Land Use Plan, and with
the included conditions and mitigation measures is allowed within the primary zoning district
(R -3 -S).
5. The project complies with all applicable provisions of the Zoning Regulations other than
those modified by the PD rezoning, which include: 0 -lot line development, exceptions to
minimum parcel size and coverage in conjunction with real property subdivision, reduced
street yards, minor height exceptions, and tandem parking and a reduction of seven spaces.
6. Mandatory Planned Development project features are satisfied by the provision of more
than 25 percent of the residential units at rates affordable to households of very low, low or
moderate incomes, and achieving a minimum of 30 percent greater energy efficiency than
required by California Code of Regulations Title 24.
Ordinance No. 1523 (2009 Series)
Page 3
7. The approved modifications to the development standards of the Zoning Regulations,
listed in Finding No. 2, are necessary and appropriate to accommodate the superior design of
the proposed project, its compatibility with adjacent land uses, and its successful mitigation
of environmental impacts.
8. The project complies with all applicable City Design Guidelines and establishes
additional parameters to ensure development is in harmony with nature and the adjacent
neighborhood.
9. All affected public facilities, services, and utilities are adequate to serve the proposed
project.
10. The location, size, site planning, building design features, and operating characteristics of
the project are highly suited to the characteristics of the site and surrounding neighborhood, and
will be compatible with the character of the site, and the land uses and development intended for
the surrounding neighborhood by the General Plan.
11. The site is adequate for the project in terms of size, configuration topography, and other
applicable features, and has appropriate access to public streets with adequate capacity to
accommodate the quantity and type of traffic expected to be generated by the use.
12. With the incorporation of conditions of approval and mitigation measures listed in the
Mitigated Negative Declaration of Environmental Impact, the establishment, maintenance, or
operation of the proposed project will not, in the circumstances of the particular case, be
detrimental to the health, safety, or general welfare of persons residing or working in the vicinity
of the proposed use, or detrimental or injurious to property and improvements in the
neighborhood or to the general welfare of the City.
SECTION 3. Action. The Zoning Regulations Map Amendments are hereby approved
for the rezoning of the unaddressed parcel to R -3 -S, and application of the PD overlay zone to
the entire area as shown on Exhibit A. The "S" overlay zone incorporates applicable conditions
and provisions set forth in the ALUP approved disclosure agreement on file in the Community
Development Department.
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 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. 1523 (2009 Series)
Page 4
INTRODUCED on the 17`h day of March, 2009, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 7th day of April, 2009, on the following vote:
AYES: Council Members Ashbaugh and Marx, Vice Mayor Settle, and Mayor
Romero
NOES: None
ABSENT: Council Member Carter
ATTEST:
Audrey H p r
City Clery
APPROVED AS TO FORM:
Jo t n P. Lowell
City Attorney
Mayor David F. Romero
If hereby certif, v doCument is a t,rrue--� �
and accurate copy of Ordinance No.�
and that the ordinance was published pursuant
to Charter Section 6
Date . City Clerk
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