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HomeMy WebLinkAbout08/21/2001, PH2 - GENERAL PLAN AMENDMENT AND REZONING TO CHANGE THE ZONING FROM SERVICE-COMMERCIAL TO NEIGHBORHOOD-C council IMRti,yD,m j agcnoa RepoRt IlwmN 6. CITY OF SAN L U IS O B I S P 0 FROM: John Mandeville, Community Development Dire Prepared By: Whitney McIlvaine,Associate PI r SUBJECT: General Plan amendment and rezoning to change the zoning from Service- Commercial to Neighborhood-Commercial for property on South Higuera Street between Tank Farm and Suburban Roads. CAO RECOMMENDATION As recommended by the Planning Commission: 1. Approve a resolution amending the General Plan Land Use Element map to change the land use designation from Services and Manufacturing to Neighborhood Commercial and approving a mitigated negative declaration (ER 35-01). 2. Introduce an ordinance changing the zoning on the subject property from Service- Commercial to Neighborhood-Commercial. DISCUSSION Data Summary Address: 3975 South Higuera Street Applicant: TK Development(Matt Easter) Zoning: Service-Commercial (C-S) General Plan: Services and Manufacturing Environmental status: A mitigated negative declaration has been prepared (FR 35-01) Project Description The applicant is proposing a General Plan Land Use Element map amendment and a rezoning as illustrated on the attached map exhibits, for property currently developed with a Food 4 Less store. The purpose of the rezoning is to allow this commercial center to be built out as a neighborhood center with uses allowed under the Neighborhood Commercial zoning, such as grocery stores, restaurants, and limited retail uses. General Plan Consistency The attached Planning Commission staff report contains an analysis of general plan policies related to Neighborhood Commercial and Service Commercial land use designations. It concludes that 1) rezoning the project site will not significantly diminish developable land area available for service commercial uses; and 2) the proposed rezoning and associated site 2 —/ Council Agenda Report—GP/R/ER 35-01 August 21,2001 Page 2 development are consistent with policies related to the location of Neighborhood Commercial uses. CONCURRENCES Planning Commission On June 13, 2001, the Planning Commission voted 5 to 0 (Commissioner Aiken absent and Commissioner Osborne refraining) to recommended that the Council approve the mitigated negative declaration, the general plan amendment and the rezoning. The Planning Commission staff report and minutes are attached (Attachments 5 & 6). In considering this request, Commissioners agreed that rezoning the project site to C-N would better acknowledge the current and proposed function of the Food 4 Less center as a fairly typical neighborhood commercial center. The Commission determined that the lower Higuera area is currently underserved by convenient neighborhood commercial uses and that the rezoning would better enable needed services to this area. Please refer to Attachment 4. Architectural Review Commission(ARC) In September, 1996, the ARC granted final approval to a site plan for the center and the design of the main buildings, including Food 4 Less. More recently, in July, 2000, the ARC granted final approval to the designs for the two satellite buildings nearest South Higuera Street. See. Attachments 2 and 3 —the site plan and approved building elevations. Airport Land Use Commission (ALUC) The ALUC reviewed this general plan amendment and rezoning on May 16, 2001. They are in agreement with the applicant's proposal for neighborhood-commercial uses on this site. ALTERNATIVES 1. Continue action with direction to staff and the applicant. 2. Approve a resolution denying the general plan amendment and rezoning based on findings. 42 -z Council Agenda Report—GP/R/ER 35-01 August 21,2001 Page 3 ATTACHMENTS: 1. Vicinity map 2. Site plan 3. ARC approved building elevations 4. Map of neighborhood commercial services regions 5. Planning Commission minutes 6. Planning Commission staff report 7. Initial study 8. Draft resolution approving the general plan amendment with map exhibit 9. Draft ordinance introducing the rezoning with map exhibit 10. Draft resolution denying the project 2-3 AttaVh111e ILI te TANK FARM , g PRAD ,- CO �..,` •' �.� �1 �� ! v .k � Tas' 2 � {\ y Flxe a I CHU os �r aWo x b r V �. •- I r P� 5 � P S da b F L r � r— i V l � v p Md N �� o 3975 oI a ��ra � 00 -- 0 - - 200 400 Feet -:P/R "15=01 Attachment 2 + \\ •\\ �RPlaeplioi I _ ` two \ \ gv ♦ \ k \ \ I um _ .p• _— _SITE UNE TO MARKET IM 113 ti CO N C 2V y C g O 16 Yin2 :0 -_B'c n I $j O w N m§ �� C �+ I Y� N ' `t� u la I F�f (I! 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J� .1 II. - W I a 1p * y • i nr �I ri See - p_n+� •T=;4, i Neighborhood Commercial Service Regions Attachment 4 Albertsons/New Frontiers ° ° • •�. e• ease °ones-- • Scolari's Market • F ya • • � .X • • Ralph r• ti as • _ Laurel Lane • •• • Market so • • •, • • see? 4f •. • •• �� of • .•••� a % I -- ° °.• y - ,_.•�•.-• .• 0 so �r -- A i° •� •..-• .• • Albertson :A -�" s•': Vons P Food 4 Less 2 0 2 Miles Neighborhood Markets N City Limits •O 1 Mile Radius Service Zones 2 -7 Draft Attachment 5 SAN LUIS OBISPO PLANNING COMMISSION MINUTES June 13, 2001 CALL TO ORDER/PLEDGE OF ALLEGIANCE: The San Luis Obispo Planning Commission was called to order at 7:09 p.m. on Wednesday, June 13, 2001, in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California. ROLL CALL: Present: Commissioners Allan Cooper, Orval Osborne, James Caruso, Michael Boswell, Vice-Chair Alice Loh, and Chairman Stephen Peterson Absent: Commissioner Aiken Staff: Recording Secretary Leaha Magee, Development Review Manager Ron Whisenand, Associate Planners Glen Matteson and John Shoals, Utilities Director John Moss, Principal Transportation Planner Terry Sanville, and Assistant City Attorney Gil Trujillo. PUBLIC HEARINGS: 3. 3975 South Hictuera Street: GP/R and ER 35-01; Request to rezone property from C-S (Service-Commercial) to C-N (Neighborhood-Commercial) at the Food 4 Less Shopping Center; TK Development, applicant. Commr. Osborne refrained from participation due to a potential conflict of interest, since his workplace is within the 300 feet of the project site. Associate Planner Shoals presented the staff report and recommended that the Planning Commission approve the attached Planning Commission Resolution recommending that the City Council (1) approve a resolution amending the General Plan Land Use Element Map to change the land use designation from Service and Manufacturing to Neighborhood Commercial and approving a Mitigated Negative Declaration (ER 35-01) and (2) adopt an ordinance changing the zoning on the subject property from Service-Commercial to Neighborhood-Commercial. Commr. Cooper had staff comment on how the Prado Road overpass might affect access to this area. There were no further comments or questions and the public comment session was opened. Draft Planning Commission ....iutes 6/13/01 Attachment 5 Page 2 PUBLIC COMMENTS: John Knight, RRM Design Group, TK Development representative, thanked staff for their help through the planning process. He reviewed uses allowed in the C-S and C-N zones and the site layout if rezoning were supported. He urged support of site rezoning request from C-S to C-N. Commr. Cooper asked if Mr. Knight was satisfied with the initial study mitigation measures. Mr. Knight replied they are in full agreement with the staff report and the initial study. Seeing no further speakers come forward, the public comment session was closed. COMMISSION COMMENTS: Commr. Caruso moved to recommend that the Planninq Commission recommend that the City Council (1) approve a resolution amending the General Plan Land Use Element map to change the land use designation from Service and Manufacturing to Neighborhood-Commercial and approving a mitigated negative declaration (ER 35-01) and (2) adopt an ordinance changing the zoning on the subject property from Service- Commercial to Neighborhood-Commercial. Commr. Loh seconded the motion. Chairman Peterson expressed his support of the motion. Commr. Cooper commented that initial study mitigation measures could also address such things as bicycle access. AYES: Commrs. Caruso, Loh, Cooper, Boswell, Peterson NOES: None ABSENT: Commr. Aiken REFRAIN: Commr. Osborne The motion carried 5-0. Commr. Osborne refrained from participation due to a potential conflict of interest and Commr. Respectfully submitted, Leaha K. Magee Recording Secretary z- 5 Attachment 6 CITY OF SAN LUIS OBISPO PLANNING COMMISSION STAFF REPORT ITEM# 3 . BY: Whitney McIlvaine, Associate Planner(781-7170) MEETING DATE: June 13, 2001 FROM: Ron Whisenand, Development Review Manage> FILE NUMBER: GP/R/ER 35-01 PROJECT ADDRESS: 3975 South Higuera SUBJECT: General Plan amendment and rezoning to change the zoning from Service- Commercial to Neighborhood-Commercial for property on South Higuera Street between Tank Fane and Suburban Roads. RECOMMENDATION Approve the attached Planning Commission resolution recommending that City Council: I. Approve a resolution amending the General Plan Land Use Element map to change the land use designation from Services and .Manufacturing to Neighborhood Commercial and approving a mitigated negative declaration (ER 35-01). 2. Adopt an ordinance changing the zoning on the subject property from Service- Commercial to Neighborhood-Commercial. BACKGROUND Situation The property owner for the site, which is currently developed with a Food 4 Less grocery store, wishes to complete development of this site as a neighborhood shopping center. The current C-S zoning does not enable certain desired uses, such as drug stores and specialty retail sales. Therefore, the property owner is requesting C-N zoning for the site. Data Summary Address: 3975 South Higuera Street Applicant: TK Development (Matt Easter) Zoning: Service-Commercial (C-S) General Plan: Services and Manufacturing Environmental status: A mitigated negative declaration has been prepared (ER 35-01) Site description The site is approximately 8 acres in size. Frontage improvements were completed with an earlier subdivision of the property (Tract 2201). The site is partially developed with a Food 4 Less grocery store and parking lot. Two smaller buildings —near the main entrance and at the corner � /G I. a - Attachment 6 GP/R 35-01 TK Rezoning Page 2 of Suburban Road and South Higuera—have received architectural review and approval. Project Description The applicant is proposing a General Plan Land Use Element map amendment and a rezoning as illustrated on the attached map exhibits. Protect History When the site was originally prezoned as part of its annexation (ANNX 54-93) to Service- Commercial in 1993, that zoning designation was chosen because it was consistent with the General Plan and enabled a grocery store and most of the other uses the applicant has always envisioned for this site. Since that time, the zoning regulations were amended to prohibit certain uses in the Service-Commercial zone, such as grocery stores. At this point, the Neighborhood- Commercial (C-N) designation is a more appropriate designation for the type of small-scale shopping center development the applicant is proposing. EVALUATION General Plan Consistency In policy 3.2.1, the Land Use Element states that the city should have areas for neighborhood commercial uses to meet the frequent shopping demands of people living nearby. Neighborhood commercial centers should be available within about one mile of all residents, and should typically not exceed about eight acres in size. A map of neighborhood commercial service regions is attached which shows one-mile service radii for existing neighborhood and shopping centers anchored by a grocery store and for the project site. The one-mile zone for the proposed neighborhood commercial center overlaps that .of the Laguna shopping center and the Ralph's at the Madonna shopping center. However, Highway 101 provides somewhat of a physical barrier to convenient access to these centers. The proposed site would be much more convenient to the residential neighborhoods along South Higuera Street, including neighborhoods which are more than one mile away. Therefore, the project is consistent with this General Plan policy. Land Use Element policy 3.2.2 provides additional criteria for locating new or expanded neighborhood commercial centers. It specifies that new or expanded centers should: A. Be created within or extended into adjacent nonresidential areas. The proposed rezoning would not encroach into a residential zone. B. Provide uses to serve nearby residents, not the whole City. 2-11 Attachment 6 GP/R 35-01 TK Rezoning- Page ezoningPage 3 The proposed center would be primarily convenient to nearby residents. However, as is true with all similar centers, there is nothing to preclude shoppers from elsewhere in the City. The Planning Commission addressed this issue during the commercial zoning workshops. One option that is being considered is to create a new Community Commercial zoning designation for centers such as the one being proposed. Creation of anew district would be addressed as part of the update to the commercial zoning regulations. The applicants are not opposed to this possible future designation. C. Have access from arterial streets, and not increase traffic on residential streets. Primary access to the center is from South Higuera, which is classified in the Circulation Element as an arterial. Secondary access is from Suburban Road, a local commercial street, and from Tank Farm Road, a parkway arterial. D. Have safe and pleasant pedestrian access from the surrounding service area, as well as good internal circulation. The applicant has agreed to install a transit shelter near the corner of South Higuera Street and Suburban Road and sidewalks on both sides of the main entrance to the center as part of any new construction approved after the rezoning. This issue was also addressed during review of site subdivision and the Food 4 Less project. Signalization and road improvements were done to better accommodate vehicle and pedestrian access. E. Provide landscaped areas with public seating. This amenity is not suggested in the conceptual development plan but can be addressed as part of architectural review. F. Provide indoor or outdoor space for public use, designed to provide a focus for some neighborhood activities. This amenity is also not suggested in the conceptual development plan but can be addressed as part of architectural review. Adequacy of Land Area Zoned Service-Commercial The City's land use inventory indicates there are roughly 35 vacant parcels with a Service- Commercial zoning designation totaling approximately 53 acres. Pending annexations in the Airport Area would add additional 12 (+/-) acres of vacant C-S zoned land to the City's inventory. Therefore, rezoning the project site will not significantly diminish developable land area available for service commercial uses. 2 is Attachment 6 GP/R 35=01 TK Rezoning Page 4 Site Zoning and Function A property at the corner of Prado Road and South Higuera was rezoned from Neighborhood- Commercial to Office with a Planned Development overlay in October, 2000. As partial justification for the loss of C-N zoning at that site, it was pointed out at the Planning Commission meeting that the Food 4 Less center, while not zoned C-N, functioned more successfully as a C-N use than the much smaller Padre Plaza site. Rezoning the project site to C- N would better acknowledge the current and proposed function of the Food 4 Less center. ALTERNATIVES 1. Approve a resolution recommending that the City Council deny the proposed rezoning and use permit, based on findings as specified by the Planning Commission. 2. Continue review of the rezoning and use permit with specific direction to the applicant and staff. OTHER DEPARTMENT AND AGENCY COMMENTS Public Works: Public Works comments are attached and note the need for a transit shelter and improved pedestrian access. No other department had concerns or comments regarding this application. Airport Land Use Commission: The ALUC reviewed this general plan amendment and \, rezoning on May 16, 2001. They are in agreement with the applicant's proposal for �a neighborhood-commercial uses on this site. Attached: icinity mapy General Plan Land Use Element map amendment — 1&6 Rezoning map Map of neighborhood commercial services regions .� Applicant's statement Initial Study(ER35-01) 07-/-5 Attachment 6 STATEMENT OUTLINING PURPOSE OF THE REZONE/GPA UPDATED MARCH 7, 2001 Request RRM requests approval of a rezone to allow a 12,000 S.F. retail grocery store, restaurants, 7,000 square feet of line shops, and a health club in the Higuera Plaza. Rezoning includes the existing Food 4 Less grocery store. Background The existing Food 4 Less store was approved as an allowable warehouse grocery use. Since initial site planning for the Higuera Plaza, the City has changed their policy and ordinances on allowable uses in the C-S zone. Under the current C-S zoning, neighborhood commercial uses such as grocery stores, line shops and drug stores may no longer be allowed in the C-S zoning. Restaurants are also restricted. In order to provide neighborhood commercial uses on the site, a rezone and General Plan Amendment would be required. The following table provides a brief analysis of the Zoning and General Plan designations for each of the existing grocery stores in the City of San Luis Obispo. General Store Zoning Designation Plan Designation Food 4 Less Service Commercial Services &Manufacturing Vons Service Commercial Services &Manufacturing Ralph's Retail Commercial General Retail Albertson's (Madonna Rd) Neighborhood Commercial Neighborhood Commercial Albertson's (Foothill Blvd) Neighborhood Commercial Neighborhood Commercial Scolari's Neighborhood Commercial Neighborhood Commercial Albertson's Neighborhood Commercial Neighborhood Commercial (Broad St-Proposed) Trader Joe's Service Commercial Services&Manufacturing Smart &Final Service Commercial Services&Manufacturing As indicated above, the current zoning designation for the proposed project is Service Commercial (C-S); the current General Plan designation is Services and Manufacturing. Under the current zoning designation, retail sales groceries and/or specialized foods is not an allowable use (See attached zoning matrix, Table 9). 2 -14 ` Attachment 6 Statement Outlining Purpose of the Rezone/GPA Page 2 March 7, 2001 Analysis Our research indicates there are several alternative zoning designations that may apply to the proposed project. These alternative designations include: • Tourist Commercial (C-T) • Central Commercial (C-C) • Retail Commercial (C-R) • Neighborhood Commercial (C-N) Based on a review of each of these zoning designations, RRM feels that the most appropriate zoning for the site is C-N. Neighborhood Commercial (C-N) Zoning Regulations: The C-N zone is intended to provide retail sales for the convenience of surrounding residential areas. Neighborhood commercial uses should provide several types of merchandise, as opposed to a business offering a wide selection of a single type of merchandise. This zone will be applied to areas designated "neighborhood commercial" on the General Plan map. Retail sales groceries is an allowable use in the C-N zone, as well as specialty shops. A rezone to C-N would require a General Plan Amendment to change the property to a retail commercial General Plan designation. Given the uses proposed for the project, RRM feels that this zoning designation is the best fit for the project. General Plan, Land Use Element. C-N uses, including grocery stores, should be available within one mile of residents and should not exceed 8 acres. Specialty stores may be located in C-N as long as they will not be a major citywide attraction or displace more general, convenience uses. New or expanded C-N centers should be created within, or extended into, adjacent nonresidential areas. New or expanded C-N centers should provide uses to serve nearby residents, not the whole City. The City should evaluate the need for and desirability of additions to existing neighborhood commercial centers only when specific development proposals are made, and not in response to rezoning requests that do not incorporate a development plan. The ratio of building floor area to site area shall not exceed 2.0. The proposed project is within one mile of residents and only slightly exceeds 8 acres (see attached assessor's map). Proposed uses include an athletic center, a grocery store, restaurants, and specialty retail shops. These uses will primarily serve the surrounding neighborhood, will not be a major citywide attraction, and are not intended to displace more general, convenience uses. The proposed project is within commercial zoning designation (a nonresidential area). The proposed project is intended to serve nearby residents, not the whole City. With the exception of the 8-acre standard, this General Plan designation seems to be a good fit for the property. I Attachment 6 Statement Outlining Purpose of the Rezone/GPA Page 3 March 7, 2001 Nei hborhood Commercial (C-N) Policy Description Res°onse LU 3.2.1 C-N uses including grocery stores should be Proposed project within one mile of available within one mile of residents and should residents and is approximately 8 acres. not exceed 8 acres. LU 3.2.1 Specialty stores may be located in C-N as long as Proposed specialty stores will not be a they will not be a major citywide attraction or major citywide attraction or displace displace more general, convenience uses. more general,convenience uses. LU 3.2.2 New or expanded C-N centers should be created Proposed project is within commercial within, or extended into, adjacent nonresidential zoning designation.. areas. LU 3.2.2 New or expanded C-N centers should provide uses Proposed project is intended to primarily to serve nearby residents, not the whole City. serve nearby residents not the whole City. LU 3.2.5 The ratio of building floor area to site area shall not Proposed project can meet this exceed 2.0. requirement. Summary RRM believes that a rezone / General Plan Amendment to commercial is the most appropriate designation for the site and is in compliance with the General Plan. c/1401014\prod\appI\RZ-GPA Memo w Applicant Acceptance of Mitigation hi.:asures Attachment 7 Project: 35-01 3975 South Higuera Street This agreement is entered into by and between the City of San Luis Obispo and TK Development on the 21st day of May , 2001. The following measures are included in the project to mitigate potential adverse environmental impacts. Please sign the original and return it to the Community Development Department. MITIGATION MEASURES: 1. Uses established on the project site as well as physical site development shall be consistent with the Airport Land i.ise Pian to the satisfaction of the Airpert Land Usa Commission. 2. Site development approved after rezoning the property shall include, as part of the project description, in 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 South Higuera Street entrance driveway to the rezoning site to provide connections to Building Pads B and C. If the Community Development Director or hearing body determines that the above mitigation measures are ineffective or physically infeasible, he may add, delete or modify the mitigation to meet the intent of the original measures. Please note that section 15070 (b) (1) of the California Administrative Code requires the .applicant to agree to the above mitigation measures before the proposed Mitigated.Negative Declaration is released for public review. This project will not be scheduled for public review and hearing until this signed original is returned to the Community Development Department n Mo6deville Easter Representative for: Community Development Director TK Development by: Ronald Whisenand Development Review manager Attachment 7 �►►11II�111111111111111����;� �IIIIIIIIIII� city 0f sAn luis oBispo 990 Palm Street, San Luis Obispo, CA 93401-3249 INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM for a Mitigated Negative Declaration ER 35-01 1. Project Title: TK Development II 2. Lead Agency Name and Address: City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 3. Contact Person and Phone Number: Whitney Mcllvaine (805) 781-7164 4. Project Location: 3975 South Higuera 5. Project Sponsors Name and Address: Matt Easter, TK Development 233 East Carrillo St. Suite D Santa Barbara, CA 93101-2168 6. General Plan Designation: Services and Manufacturing 7. Zoning: Service-Commercial 8. Description of the Project: Request to amend the General Plan Land Use Element Map and rezone approximately 8.2 acres of land from Service-Commercial to Neighborhood-Commercial to enable development of a neighborhood commercial shopping center. The property is currently developed with a Food for Less market. 9. Surrounding Land Uses and Settings: Service commercial and industrial uses to the north, east and south. Residential uses to the west. 10: Project Entitlements Requested: Rezoning and General Plan Amendment 11. Other public agencies whose approval is required (e.g. permits, financing approval, or participation agreement): Airport Land Use Commission V� The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Telecommunications Device for the Deaf (805) 781-7410. / (,l Attachment 7 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Geology/Soils Public Services Agricultural Resources X Hazards & Hazardous Recreation Materials Air Quality Hydrology/Water Quality X Transportation &Traffic Biological Resources Land Use and Planning Utilities and Service Systems Cultural Resources Noise Mandatory Findings of Significance Energy and Mineral Population and Housing Resources There is no evidence before the Department that the project will have any potential adverse effects on fish and wildlife resources or the habitat upon which the wildlife depends. As such, the project qualifies for a de minimis waiver with regards to the filing of Fish and Game Fees. The project has potential to impact fish and wildlife resources and shall be subject to the payment of Fish and Game fees pursuant to Section 711.4 of the California Fish and Game Code. This initial study has been circulated to the California Department of Fish and Game for review and comment. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will X not be a significant effect in this case because revisions in the project have been made, or the mitigation measures described on an attached sheet(s) have been added and agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant" impact(s) or "potentially significant unless mitigated" impact(s) on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT.REPORT is required, but it must analyze only the effects that remain to be addressed find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (2) have been avoided or mitigated pursuant to that earlier EIR of NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. �r CITY OF SAN LUIS OBISPO 2 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2001 Attachment 7 May 10 2001 ,Vg'nat47 Date Ronald Whisenand Development Review Manager Community Development Dir. . Printed Name For EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for all answers except"No Impact" answers that are adequately supported by the information sources a lead agency cites in the analysis in each section. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g. the. project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis).. 2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. The explanation of each issue should identify the significance criteria or threshold, if any, used to evaluate each question. .3. "Potentially Significant Impact is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when.the determination is made, an EIR is required. 4. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section 17, "Earlier Analysis," may be cross- referenced). 5. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3) (D)of the California Administrators Code. Earlier analyses are discussed in Section 17 at the end of the checklist. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project.. WIGSCITY OF SAN LUIS OBISPO $ INITIAL STUDY ENVIRONMENTAL CHECKLIST 2001 Issues and Supporting Informatio urces sources Poten Less Than Less Than No TK rezoning C-S to C-N Signit. Significant Significant Impact ER#35-01 Issues with Impact Incorp Ag chme t 7 Inco o t �t 1.AESTHETICS. Would theproject: a) Have a substantial adverse effect on a scenic vista? 1 X b) Substantially damage scenic resources, including, but not X limited to, trees, rock outcroppings, open space, and historic buildings within a local or state scenic highway? c) Substantially degrade the existing visual character or X quality of the site and its surroundings? d) Create a new source of substantial light or glare which X would adversely effect day of nighttime views in the area? CONCLUSION: No impact. Site development is subject to architectural review regardless of the site's zoning. 2.AGRICULTURE RESOURCES. Would theproject: a) Convert Prime Farmland, Unique Farmland, or Farmland 1,2 X of Statewide Importance(Farmland), as shown on the maps pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency,to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a X Williamson Act contract? c) Involve other changes in the existing environment which, X due to their location or nature, could result in conversion of Farmland to non-agricultural use? CONCLUSION: No impact. The site is not suitable foragricultural uses due to existing development. 3. AIR QUALITY. Would theproject: a) Violate any air quality standard or contribute substantially 1,12 X to an existing or projected air quality violation? b) Conflict with or obstruct implementation of the applicable X air quality plan? c) Expose sensitive receptors to substantial pollutant X concentrations? d) Create objectionable odors affecting a substantial number X of people? e) Result in a cumulatively considerable net increase of any X criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed qualitative thresholds for ozone precursors)? CONCLUSION: Less than significant. Development of the site as a neighborhood commercial center would give nearby residents the option of walking to the center. Improved pedestrian access to services is one way to reduce air quality impacts from development. The rezoning will not by itself have a significant negative impact on air quality. Regardless of the zoning, site development will have short term impacts related to construction and some cumulative long term impacts related to traffic generation. Air quality issues related to site development were previously addressed in two initial studies prepared for annexation and prezoning of the site and a subsequent subdivision. Mitigation identified in those studies (ER 54-93 and ER 74-95) will apply to any further site development. Mitigation is recommended below in the Traffic Section of this initial study to accommodate the potential for increased pedestrian access. No additional mitigation is recommended. 4. BIOLOGICAL RESOURCES. Would theproject: a) Have a substantial adverse effect, either directly or 1,10 X indirectly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect, on any riparian habitat X I7`a CITY OF SAN LUIS OBISPO 4 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2001 a a� Issues and Supporting Informatic urces Sources Poter Less Than L4 Than No TK rezoning C-S to C-N Signit. Significant Significant Impact ER#35-01 Issues With Impact Mitigation ttach ent 7 Incorporated or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Conflict with any local policies or ordinances protecting X biological resources, such as a tree preservation policy or ordinance(e.g. Heritage Trees)? d) Interfere substantially with the movement of any native X resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? e) Conflict with the provisions of an adopted habitat X Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? f) Have a substantial adverse effect on Federally protected X wetlands as defined in Section 404 of the Clean Water Act (including, but not limited to, marshes, vernal pools, etc.) through direct removal, filling, hydrological interruption, or other means? CONCLUSION: No impact. The City's informational map atlas does not identify any sensitive or listed species on this site. S.CULTURAL RESOURCES. Would theproject: a) Cause a substantial adverse change in the significance of 7 X a historic resource? (See CEQA Guidelines 15064.5) b) Cause a substantial adverse change in the significance of X an archeological resource? (See CEQA Guidelines 15064.5) c) Directly or indirectly destroy a unique paleontological X resource or site or unique geologic feature? d) Disturb any human remains, including those interred X outside of formal cemeteries? CONCLUSION: Less than significant. A surface survey was conducted for the project site as part of the annexation and prezoning. No archaeological resources were encountered. The mitigation measure stipulated in the event resources are encountered during construction remains in effect. No further mitigation is recommended. 6. ENERGY AND MINERAL RESOURCES. Would the project: a) Conflict with adopted energy conservation plans? 1 X b) Use non-renewable resources in a wasteful and inefficient X manner? c) Result in the loss of availability of a known mineral X resource that would be of value to the region and the residents of the State? CONCLUSION: Less than significant. Rezoning by itself will not have a significant adverse impact on energy resources. Mitigation stipulated in previous initial studies related to site development and agreed to by the developer remains in effect. 7. GEOLOGY AND SOILS Would theproject: a) Expose people or structures to potential substantial X adverse effects, including risk of loss, injury or death involving: I. Rupture of a known earthquake fault, as delineated in X the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area, or based on other substantial evidence of a known IMCi CITY OF SAN LUIS OBISPO 5 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2001 a -aa Issues and Supporting Informatic urces Sources Poter Less Than Less Than No TK rezoning C-S to C-N Signi, Significant Significant Impact ER#35-01 Issues With Impact Mitigation Inco orat fault? II. Strong seismic ground shaking? X III. Seismic related ground-failure, including liquefaction? X IV. Landslides or mudflows? X b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or X that would become unstable as a result of the project, and potentially result in on or off site landslides, lateral spreading, subsidance, liquefaction, or collapse? d) Be located on expansive soil, as defined in Table 18-1-B X of the Uniform Building Code(1994), creating substantial risks to life or property? CONCLUSION: Less than significant. Rezoning will not trigger any adverse impacts related to soils and geology. All new construction will require submittal of a soils engineering report as part of any grading and building permit application. The soils report will include data regarding the nature, distribution and strength of the existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures, when necessary to ensure development consist with City standards and adopted building codes. Grading and building must be designed and performed in compliance with the soils engineering report and the City's grading regulations. No additional mitigation is recommended. 8. HAZARDS AND HAZARDOUS MATERIALS. Would the pro'ect: a) Create a significant hazard to the public or the 1 X environment though the routine use, transport or disposal of hazardous materials? b) Create a significant hazard to the public or the X environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely X hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school? d) Expose people or structures to existing sources of X hazardous emissions or hazardous or acutely hazardous materials, substances, or waste? e) Be located on a site which is included on a list of X hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, it would create a significant hazard to the public or the environment? f) For a project located within an airport land use plan, or X within two miles of a public airport,would the project result in a safety hazard for the people residing or working in the project area? g) Impair implementation of, or physically interfere with, the X adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of lose, X injury, or death, involving wildland fires, including where wildlands are adjacent to urbanized areas or where residents are intermixed with wildlands? Soil Contamination As a result of crude oil leaks from pipe lines in Tank Farm Road, numerous properties in this area contain some level of soil contamination. In the vicinity of this project, the closest known area of contamination is at the CITY OF SAN LUIS OBISPO 6 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2001 C;?-�3 Issues and Supporting Informatic jurces Sources Poter Less Than Less Than No TK rezoning C-S to C-N Signi, Significant Significant Impact ER#35-01 Issues with Impact Mitigation achm nt 7 Inco!2o d intersection of Tank Farm Road and Long Street. The area affected by the proposed rezoning is not shown as contaminated in a report prepared by England and Associates in 1997 (map of contamination plume attached). Previous mitigation measures for site development remain in effect. Additional mitigation is not recommended. Airport Land Use Compatibility The project is scheduled for review by the Airport Land Use Commission on May 16, 2001. The Commission's review will focus on the change in uses allowed as a result of the rezoning and their compatibility with airport operations. To ensure compatibility with airport operations and minimize hazards for people working or living in the vicinity of the project, the following mitigation is recommended: Mitigation Measure 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. 9. HYDROLOGY AND WATER QUALITY. Would the project. a) Violate any water quality standards or waste discharge X requirements? b) Substantially deplete groundwater supplies or interfere X substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (eg.The production rate of preexisting nearby wells would drop to a level which would not support existing land uses for which permits have been granted)? c) Create or contribute runoff water which would exceed the X capacity of existing or planned storm-water drainage systems or provide substantial additional sources of polluted runoff. d) Substantially alter the existing drainage pattern of the site X or area in a manner which would result in substantial erosion or siltation onsite or offsite? e) Substantially alter the existing drainage pattern of the site X or area in a manner which would result in substantial flooding onsite or offsite? f) Place housing within a 100-year flood hazard area as X mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? g) Place within a 100-year flood hazard area structures which X would impede or redirect flood flows? h Otherwise substantially degrade waterquality? X CONCLUSION: No impact. The project site is already substantially developed. Site drainage was established with the initial grading and construction. Rezoning will affect the type of uses that may occupy the buildings but will not have any significant influence on physical site development. 10. LAND USE AND PLANNING - Would theproject: a) Conflict with applicable land use plan, policy, or regulation 1 X of an agency with jurisdiction over the project adopted for the purpose of avoiding or mitigating an environmental effect? b) Physically divide an established community? X c Conflict with any applicable habitat conservation plan or X CITY OF SAN LUIS OBISPO 7 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2001 a�y Issues and Supporting Informati( .,urces Sources Pote Less Than Less Than No TK rezoning C-S to C-N _ Sigm. .,t Significant Significant Impact ER# 35-01 Issues With Impact Mitigationc aA achm nt 7 natural community conservationplans? The City's Land Use Element states that neighborhood commercial centers should be available within about one mile of all residences. This policy supports the rezoning request since all existing neighborhood commercial centers are more than a mile's traveling distance from residents in the vicinity of the project site. Please refer to the attached map of neighborhood commercial service regions. CONCLUSION: Less than significant. Generally, the Neighborhood-Commercial zone contains uses which as a whole are probably less likely to result in any significant adverse environmental impact than uses allowed in the Service-Commercial zone. The applicants processing of the rezoning is the appropriate way to request Neighborhood-Commercial uses consistent with the General Plan at this site. No further mitigation is recommended. 11. NOISE. Would the project result in: a) Exposure of people to or generation of"unacceptable" 1 X noise levels as defined by the San Luis Obispo General Plan Noise Element, or general noise levels in excess of standards established in the Noise Ordinance? b) A substantial temporary, periodic, or permanent increase X in ambient noise levels in the project vicinity above levels existing without the project? c) Exposure of persons to or generation of excessive X groundbome vibration or groundbome noise levels? d) For a project located within an airport land use plan, or X within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? CONCLUSION: Less than significant. The rezoning by itself does not raise any concerns regarding noise exposure. All uses are subject to compliance with the City Noise ordinance and the City's Noise Element standards. Compliance must be demonstrated prior to building permit issuance. No further mitigation is recommended. 12. POPULATION AND HOUSING. Would theproject: a) Induce substantial population growth in an area, either X directly (for example by proposing new homes or businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing or X people necessitating the construction of replacement housing elsewhere? CONCLUSION: Not significant. This site is envisioned by the General Plan to be developed with commercial uses. The primary market for proposed uses would be the existing population. 13. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision, or need,of new or physically altered government facilities,the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: a) Fire protection? 13 X b) Police protection? X c) Schools? X d) Parks? X e) Roads and other transportation infrastructure? X Other public facilities? X CONCLUSION: Not significant. Comments from other City departments indicate that the site can be adequately served by existing City services. 14. RECREATION. Would theproject: a) Increase the use of existing neighborhood or regional L I X IIIIIIw CITY OF SAN LUIS OBISPo 8 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2001 a a� Issues and Supporting Informatic )urces Sources Poter Less Than Less Than No TK rezoning C-S to C-N - Signi. Significant Significant Impact ER#35-01 Issues with Impact Mitigation Attachment Incorporated parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Include recreational facilities or require the construction or X expansion of recreational facilities,which might have an adverse physical effect on the environment? CONCLUSION: Not significant. The General Plan amendment and rezoning is being proposed to accommodate neighborhood commercial development. 15. TRANSPORTATION/TRAFFIC. Would theproject: a) Cause an increase in traffic which is substantial in relation X to the existing traffic load and capacity of the street system? b) Exceed, either individually or cumulatively, a level of X service standard established by the county congestion management agency for designated roads and highways? c) Substantially increase hazards due to design features (e.g. X sharp curves or dangerous intersections)or incompatible uses(e.g. farm equipment)? d) Result in inadequate emergency access? X e) Result in inadequate parking capacity onsite or offsite? X f) Conflict with adopted policies supporting alternative X transportation (e.g. bus turnouts, bicycle racks)? g) Conflict with the with San Luis Obispo County Airport Land X Use Plan resulting in substantial safety risks from hazards, noise, or a change in air trafficpatterns? A traffic study was submitted in conjunction with Tract 2202 which subdivided the project site. Several changes to road alignment and signalization were required as part of those tract improvements. Those changes were designed to accommodate vehicle traffic associated with build out of the site. The Transportation Staff has reviewed the potential changes in the intensity of future land uses that might be enabled by the proposed rezoning. These uses are similar to those evaluated by the EIR for the parent subdivision for the area. The types of uses should not cause the capacity of bordering City streets or intersections to be exceeded. Establishing more C-N type uses may create additional demand for transit facilities. With further development of the site with C-N uses, pedestrian trips from the adjoining residential areas will increase. Goals and policies in both the Land Use and the Circulation Elements support walking, bicycling, and use of public transit as alternatives to car travel. City Public Works staff have reviewed the rezoning request and recommend the following mitigation to ensure that site development, which occurs following any approval of the rezoning to Neighborhood Commercial, adequately accommodates alternative transportation methods. CONCLUSION: Potentially significant. Mitigation Measures 1. 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. 2. Sidewalks should be provided on both sides of the S. Higuera entrance driveway to the rezoning site to provide connections to Building Pads B and C. 16. UTILITIES AND SERVICE SYSTEMS. Would theproject: a) Exceed wastewater treatment requirements of the X applicable Regional Water Quality Control Board? CIT OF SAN LUIS OBISPO 9 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2001 a ad Issues and Supporting Informatic urces Sources Poter Less Than Less Than No TK rezoning C-S to C-N Signi. Significant Significant Impact ER#35-01 Issues With Impact Mitigation ttach ent Incorporated b) Require or result in the construction or expansion of new X water treatment, wasterwater treatment, or storm drainage facilities, the construction of which could cause significant environmental effects? c) Have sufficient water supplies available to serve the X project from existing entitlements and resources, or are new and expanded water resources needed? d) Result in a determination by the wastewater treatment X provider which serves or may serve the project that it does not have adequate capacity to serve the project's projected demand in addition to the provider's existing commitment? e) Be served by a landfill with sufficient permitted capacity to X accommodate the project's solid waste disposal needs? f) Comply with federal, state, and local statutes and X requiations related to solid waste? All Utilities except Solid Waste This is essentially an infill project that can be accommodated by existing utilities and service systems. Site development is subject to water allocation requirements and water and wastewater impact fees. Solid Waste The City recently adopted an ordinance (1381) establishing a mandatory construction and demolition debris recycling program. Provision of interior and exterior recycling facilities is reviewed as part of architectural review for new construction. No further mitigation is recommended. 17. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality X of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Without mitigation, the project could have the potential to have adverse impacts on all of the issue areas checked in the table on page 3. Any future development of the project site is subject to California Environmental Quality Act requirements for further environmental review. b) Does the project have impacts that are individually limited, X but cumulatively considerable? ("Cumulatively considerable"means that the incremental effects of a project are considerable when viewed in connection with the effects of the past projects, the effects of other current roiects and the effects of probable futureprojects) Mitigation is recommended for incremental impacts on air quality, energy resources, airport operations, and traffic through this and previous negative declarations as noted in Section 18 below. c) Does the project have environmental effects which will X cause substantial adverse effects on human beings, either directly or indirecty? With incorporation of mitigation measures, the project will not result in substantial adverse impacts on humans. CITY OF SAN LUIS OBISPO 10 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2001 a-a GP/R 35-01 3975 S. Higuera Street TK Development C-N Rezoning Attachment 7 18. EARLIER ANALYSES. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration. Section 15063 (c) (3) (D). In this case a discussion should identify the following items: a Earlier analysis used. Identify earlier analyses and state where they are available for review. Mitigated negative declarations were prepared and adopted for annexation of the project site into the city (ER 54- 93) and for subdivision of the property (ER 74-95). Both are available in the San Luis Obispo Community Development Department. Mitigation agreements from the earlier analyses are attached. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. N/A c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions of the project. N/A 19. SOURCE REFERENCES 1. City of San Luis Obispo General Plan: Land Use, Circulation, Noise, Energy, Open Space, Seismic Safety, Water and Wastewater Management Elements 2. City of San Luis Obispo Zoning Regulations 3. Soil Survev of San Luis Obispo County, prepared by the Soil Conservation Service; September 1984 4. Trip Generation, Institute of Transportation Engineers, 6m Edition, Volume 2. 5. City of San Luis Obispo Source Reduction and Recycling Element 6. City of San Luis Obispo Archaeological Resource Preservation Guidelines 7. SLO County Airport Land Use Plan 8. Flood Insurance Rate Ma (Community Panel 060310 0005 C dated July 7, 1981. 9. City of San Luis Obispo Informational Map Atlas 10. San Luis Obispo Quadrangle Map, prepared by the State Geologist in compliance with the Alquist-Priolo Earthquake Fault Zoning Act, effective January 1, 1990 11. APCD's"CEQA Air Quality Handbook", August 1995. 12. City Department and other agency comments ATTACHED: Vicinity map Map of proposed zoning amendment Site plan of proposed development ER 74-95 Mitigation Agreement ER 54-93 Mitigation Agreement Letter from Larry McGee regarding shower and locker facilities England and Associates map of soil contamination Neighborhood commercial service regions CITY OF SAN LUIS OBISPO 11 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2001 �a� GP/R 35-01 3975 S. Higuera Street AttdChment 7 TK Development C-N Rezoning 20. MITIGATION MEASURES/MONITORING PROGRAM #q HAzARDs AND HAzAgnous MATERIAL' MITIGATION: 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. Monitoring Program: The rezoning is scheduled for review by the Airport Land Use Commission on May 16, 2001. At that time, the Commission will review uses normally allowed in the Neighborhood Commercial zone and identify which ones would not be suitable at the project location. TRANSPORTATION 1 TRAFFIC: MITIGATION: 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 S. Higuera entrance driveway to the rezoning site to provide connections to Building Pads B and C. Monitoring Program: Building permits will not be issued for development approved after the rezoning unless measures 2 and 3 are incorporated into the plans. I r CITY OF SAN LUIS OBISPO 12 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2001 any Attachment 7 MITIGATION MEASURE AGREEMENT Environmental Review ER 74-95 154 Suburban Road This agreement is entered into by and between the City of San Luis Obispo and M. Timm Development on the�day of Q�'cEi r-she, 1995. The following measures are included in the project to mitigate potential adverse environmental impacts. Please sign this original and return it to the Community Development Department, 990 Palm Street, San Luis Obispo, CA 93401. Mitieation measures: 1. The subdivider shall grant an updated avigation easement-to the County of San Luis Obispo via an avigation easement document prepared by the County prior to recordation of the final map for phase 1. 2. All development within the parcels created by Tract-2202 (and any subsequent subdivisions) shall be reviewed for compliance with the San Luis Obispo County Airport Land Use Plan (ALUP). Recommendations of the Airport Land Use Commission shall be forwarded to the approving hearing body for a determination of General Plan conformance. 3. The use of materials-especially in the roof- shall be nonreflective to reduce glare. The use of mirrored.or_reflective glass shall be prohibited. 4. If specialty retail stores are deemed desirable to serve nearby residential neighborhoods, a cap on the amount of square footage allocated to specialty retail uses should be established as part of a Special Consideration(S)or Mixed-Use(MU)overlay zoning to avoid conflict with City policies which.favor concentrating specialty retail stores in the downtown and in the shopping centers on Madonna Road. 5. At the time of sale or lease, the applicant should disclose to prospective buyers and tenants the consequences of existing and potential intensive agricultural operations on nearby parcels including but not limited to dust, noise, odors, agricultural chemicals, and the County's Right to Farm Ordinance. A copy of such disclosure should be submitted to the Community Development Director for review, approval, and recordation prior to any further subdivision or site development. Geoloarc 6. A revised soils engineering report, which addresses the extent of fill material and necessary soil preparation in filled areas and in the pond area, is required prior to issuance of any grading or construction permit,whichever comes first. The report shall also address retaining wall design where cuts from the exisiting grade are proposed to create lots. cR 3L Attachment 7 7. Site improvements shall conform with recommendations in the approved soils engineering report to offset the effects of expansive soils. Water 8. A preliminary grading plan must be submitted with the final map application. Provisions shall be incorporated that eliminate cross-lot drainage, to the satisfaction of the City Engineer and Building Official. 9. The developer shall construct drainage facilities which convey drainage to adequate points of disposal to the satisfaction of the City Engineer. 10. A portion of the property lies within an A-Zone per the current County's FEMA Flood Hazard map. The developer shall provide the City Engineer with a detailed hydraulic analysis which identifies any area within the site subject to inundation during a 100-yr storm. 11. Any lot(s) subject to 100-yr storm flooding shall be filled to provide pad elevations at least 1 foot above the 100-yr storm elevation, to the satisfaction of the City Engineer. The effect on adjacent properties, as a result of the fill, must be evaluated by the developer's engineer. Mitigation measures may be imposed by the City Engineer based on the impacts. 12. The subdivider shall process a FEMA"Letter of Map Revision(LOMR) or a "Letter of Map Amendment" (LOMA), as appropriate, prior to recordation of the final map for phase one, which also includes the newly annexed area. 13. General Construction Activity Storm Water Permits are required for all storm water discharges associated with a construction activity where clearing, grading and excavation results in land disturbance of five or more acres. Storm water discharges of less than five acres,but which is part of a larger common plan of development or sale, also require a permit. Permits are required until the construction is complete. To be covered by a General Construction Activity Permit, the owner(s) of land where construction activity occurs must submit a completed "Notice of Intent" (NOI) form, with the appropriate fee, to the State Water Board. The developer shall submit copies of general construction activity storm water permits prior to the City's issuance of any grading or building permits. 14a. In order for the Council to consider approval of a project that includes the use of private wells in lieu of acquiring a water allocation, the developer must submit a report with the findings of a qualified, independent, hydrological investigation that demonstrates the well(s) can reliably provide sufficient quality and quantity of water for the proposed project and will not impact the yields from City wells(Adopted Urban Water Management Plan, Policy 2.9.1B). The findings in the report will be reviewed by the Utilities Department in a recommendation to Council. The Utilities Department generally does not support the use of private wells that Attachment 7 result in a project not acquiring a water allocation, when water allocations are available through the retrofitting program. 14b. Plans for well investigation should avoid areas of soil contamination. Well location and use shall be approved by the County Health Department, the City Utilities Department, City Council, and any other agency with authority relating to the use of well water. 15a. Discharge of wastewater from any well water treatment process is also subject to approval by the City and may require a permit to discharge and on-site pretreatment. 15b. If well water is approved for use on any of the parcels, a determination will be made by the Utilities Department on what the appropriate wastewater charge will be. Typically, wastewater charges are based on water consumption. In the absence of a City water meter, City staff will estimate the usage. This estimate may be based on fixture units, usage by similar properties, installation of a meter on the well, installation of a meter on the wastewater discharge lateral, or some other means. Any cost associated with the determination of wastewater flows will be the responsibility of the developer. Air Quali 16. Consistent with grading standards in the Uniform Building Code appendix (Chapter 70, Section 7004 b), all graded surfaces shall be wetted, protected or contained in such a manner as to prevent dust or spill upon any adjoining properly or street. The following measures shall constitute the project's dust management plan and shall remain in effect during all phases of the project's construction: a. Regular wetting of roads and graded areas (at least twice daily with complete coverage of all active areas); b. Increasing frequency of watering whenever winds exceed 15 mph; a. Cessation of grading activities during periods of winds over 25 mph; d. Direct application of water on material being excavated and/or transported onsite or off site; e. Watering material stockpiles; f. Wheel washers shall be installed where vehicles enter and exit unpaved surfaces onto the surrounding streets: g. Daily wash downs, or mechanical street sweeping, of Suburban Road, South Higuera Street, and Tank Farm Road in the vicinity of the construction site; and h. Use of non-potable water is required in all construction and dust control work. 17. All PMIO mitigation measures required shall be shown on grading and building plans. The contractor shall designate a person or persons to monitor the dust control program consistent with APCD guidelines and shall provide the contact name(s) and telephone number(s) to the Community Development Department prior to permit issuance. a-3a r - Attachment 7 18. Future site development shall include measures to minimize negative impacts to air quality, such as: a. Extensive tree planting in the parking areas to reduce evaporative emissions from automobiles. b. A carpool/rideshare/public-transit information bulletin board installed in a visually prominent and easily accessible location. c. Weatherproof and lockable bicycle storage, as well as short-term bicycle parking racks. d. A plan for dust control during construction. e. Bicycle parking and shower and locker facilities for employee use. f. Shared-use parking reduction. g. Designated carpool parking. h. On-site food facilities to encourage employees to.stay on site during the lunch hour. 19. Soil contamination on the project site must be removed under the direction of the Fire Chief and in compliance with Air Pollution Control District standards. Transportation and Circulation 20. Direct driveway access from South Higuera Street shall be limited to one location with a minimum spacing of 150 feet from Las Praderas Street. The common driveway shall be designed as a street-type entrance, located so as to minimize tree removals and shall also provide adequate sight distance, to the satisfaction of the City Engineer. The driveway entrance shall not be signalized. Vehicular access to Lot 1 shall be provided via the proposed common access and driveway easement. 21. The subdivider shall enter into an agreement prior to recordation of the final map for phase one that guarantees certain improvements and/or devices will be installed as required by the City Engineer within 60 days of notification that left turns to and from the project via the South Higuera Street driveway are causing unacceptable traffic conditions. It may be necessary to preclude left turns into and out of the site. 22. There shall be no driveway access from Tank Farm Road. 23. Driveway access from Suburban Road shall be subject to approval of the City Engineer. Attachment 7 24. Tank Farm Rd., S. Higuera St., and Suburban Rd. improvements (curbs, gutters, and sidewalks, street pavement, drainage, signing, vehicle and bike lane striping, transitions between new improvements and existing, barricades, etc...) shall be constructed to the satisfaction of the City Engineer, in accordance with City standards and specifications. However, some modifications will be necessary to accommodate new ADA standards and changes from the County project. Existing streets that become adversely affected by excavations or other damage caused by the construction of the subdivision will require an asphalt blanket prior to acceptance of the project. 25. The internal street and Long Street will be dedicated and improved as a public street (60' R/W, 44' curb/curb, with sidewalk on both sides meeting ADA standards). 26. Vehicular access rights along South Higuera St. with the exception of the driveway access as specified in condition 20, Tank Farm Rd., and the westerly 200 ft. along Suburban Rd. shall be dedicated to the City. 27. The developer shall dedicate a 10'wide(minimum)public utility easement and 10' wide street tree easement along all street frontages, to the satisfaction of the City Engineer. Additional public pedestrian easements, outside of the basic right of way, shall be dedicated along all street frontages to accommodate the trees along South Higuera St. and to meet ADA requirements, to the satisfaction of the City Engineer. 28. The developer shall dedicate 12' wide bus stop easements on South Higuera St. and Tank Farm Rd. and shall construct bus turn-outs and concrete pads. At the South Higuera St. turn- out, a transit shelter, "P" pole sign and trash receptacle shall be installed, to the satisfaction of the City Engineer. The locations shall minimize tree removals, to the extent possible. 29. The developer shall install street lighting per City standards, along all street frontages, to the satisfaction of the City Engineer. 30. A traffic signal shall be constructed at the intersection of South Higuera St. and Suburban Rd. to the satisfaction of the City Engineer. In addition, traffic signal modifications at the SE comer of South Higuera St. and Tank Farm Rd. shall be installed by this subdivider, including interconnections between Los Osos Valley Rd. and Tank Farm Rd. Pedestrian refuge islands shall be installed at the intersections of Tank Farm Rd. and Suburban Rd., at Higuera St, to the satisfaction of the City Engineer. Emergency pre-emption devises (Opticom) shall be installed on both signals. 31. The City recently adopted traffic impact fees (TIF). Certain traffic mitigation measures required.herem will be credited against said fees on a pro-rata basis, as determined by the City Engineer, as provided for in the ordinance establishing the fees. Traffic impact fees shall be paid as a condition of the issuance of building permits. Traffic- related improvements, including the traffic signal at Suburban Road, signal interconnection, Attachment 7 right tum lane from lEguera St.to Tank Farm Rd., bus turnouts and shelter qualify for credit against the TIF. The subdivider shall submit a certified.statement of costs after completion of the project to establish the credits. Unless otherwise requested by the subdivider,the City Engineer will determine credits for the respective lots on the final map, on a pro-rated area basis. 32. Median striping and other related traffic control devises (signs/symbols etc.) shall be installed in conjunction with the installation of street improvements along all street frontages, to the satisfaction of the City Engineer. 33. To accommodate emergency vehicle access, including,fire engines, an emergency vehicle turn around shall be installed in the cul-de-sac of the internal road as part of phase 1 to the satisfaction of the Fire Chief. 34. A time line for completion of the internal road link between Suburban Road and Tank Farm Road shall be guaranteed to the satisfaction of the Fire Chief. Biological Resources 35. The existing Monterey Cypress trees to remain shall be pruned by a certified arborist as .a "Class 1" pruning as defined by the International Society of Arboriculturists and to the satisfaction of the City Arborist. Trees allowed to be removed to accommodate the construction of the improvements shall be removed to the satisfaction of the City Arborist and City Engineer. Measures shall be taken during construction of site improvements to protect trees to remain to the satisfaction of the City Arborist. 36. Street trees and parkway landscaping along Tank Farm Rd. and any required replacement trees along the South Higuera St. frontage (due to necessary/approved tree removals), shall be planted as a subdivision condition. Credit will be given for existing trees, as determined by the City Arborist. All other street trees shall be planted in conjunction with building permits. Energy and Mineral Resources 37. Future construction projects shall include a solid waste recycling plan for recycling discarded materials, such as concrete, sheetrock, wood, and metals, from the construction'site. The plan must be submitted for approval by the City's Solid Waste Coordinator or the Community Development Director, prior to building permit issuance. 38. Future site development shall incorporate: a. Skylights or other mechanisms to maximize natural daylighting. b. Operable windows to maximize natural ventilation. a-3s l � Attachment 7 C. Energy-efficient lighting systems for both interior and.exterior use. d. Facilities for interior and exterior on-site recycling. Hazards. 39. Under direction of the Fire Department, soil contamination must be removed prior to development of the affected lots and in no case later than the initial,expiration of the tentative map for the subdivision. The clean up level shall be 100 ppm (parts per million) unless otherwise specified by the Regional Water Quality Control Board. 40. No buildings, septic systems, roads, utilities, or other structures shall be constructed above the approximate area of contamination. Utility and Service Systems 41. Public water mains shall be extended in Suburban Rd. and Tank Farm Rd. from South I-Eguera St.to the easterly limits of this project. A public water main shall also be constructed within the internal street and shall be looped from Suburban Rd. to Tank Farm Rd., to the satisfaction of the City Engineer and Utilities Engineer. 42. The City will participate in any public water main upsizing, "above" the size required to provide the required fire flows for this development (minimum of 8" diameter). 43. All sewer mains will be public and shall be constructed within public streets. 44. Sewer lift station (Howard Johnson lift station) charges are required to be paid prior to recordation of the final map, as determined by the City Engineer and Utilities Engineer. Sewer Impact Fees will be required to be paid prior to the issuance of building permits for the development of individual properties,in accordance with City policy. Water Impact Fees may also be charged prior to issuance of building permits regardless of whether or not the property is served by a private well. 45. The developer shall underground all existing overhead wires along all street frontage(s) and within this subdivision, to the satisfaction of the City Engineer and utility companies. 46. Phase one of this tract may require off-site utility extensions within phase two, and any other improvements deemed necessary to provide for reliability and safety caused by phasing,'as determined by the City Engineer and Utilities Director. An agreement must be executed by the subdivider prior to final map approval for phase one, which provides for such utility and/or street improvements to be installed at any tin certain pre-established criteria(set by the City Engineer and/or the Utilities Engineer) are mei. The agreement shall be recorded in the office of the County Recorder and shall run with the land. C;?3� Attachment 7 47. New public and private fire hydrants and public distribution mains will be required (e.g. in Suburban Road,Tank Farm Road, and in the internal street, in access easements, and where development exceeds 300 feet from a street) and shall be capable of supplying the required fire flows. Fire hydrants shall be spaced per Fire Department Development Guidelines (maximum intervals of 225 feet). If the Community Development Director determines that the above mitigation measures are ineffective or physically infeasible, he may.add, delete or modify the mitigation to.meet the intent of the original measures. IN nn Arnold B. Jonas Community Develo nt Director M. Timm Development 0�-37 Attachment 7 city of San Luis OBISPO INITIAL STUDY OF ENVIRONMENTAL IMPACT SITE LOCATION APPL_ICATION NO. ` ✓ - PRO'J/E�CT//DESCRIPTION /fA� , .2,7,645- APPLICANT d - G G � APPLICANT O - STAFF RECOMMENDATION: X NEGATIVE DECLARATION X MITIGATION INCLUDED EXPANDED I ITT� IA(L TUDY EQrUIRE1D� ENVIRONMENTAL IMPACT REPORT RE UIIRFD PREPARED BY NII GIVry�y� �6/ <I`� �f—' DATE U / COMMUNITY D VELD MENT D CTOR'S ACTT/ON: ' DATE �� /1 /11 /_ 5-3 SUMMARY OF INITIAL STUDY FINDINGS L DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING It.POTENTIAL IMPACT REVIEW POSSIBLE ADVERSE EFFECTS A. COMMUNITY PLANS AND GOALS . .. ................................................. tfAf B. POPULATION DISTRIBUTION AND GROWTH..._..............................._........ C. LAND USE .........._....._................ ................_...................._.. D. TRANSPORTATION AND CIRCULATION ...................................... ........ E. PUBLIC SERVICES ............................_.................................._. F. UTILITIES........ . ......................................... _ NoN� G. NOISE LEVELS ........................................_...................... ttI� H. GEOLOGIC&SEISMIC HAZARDS&TOPOGRAPHIC MODIFICATIONS ..................... NNri I. AIR QUALITY AND WIND CONDITIONS................................................ J. SURFACE WATER FLOW AND QUALITY ............................................... K. PLANT LIFE................................................. ..................... LIFE_............ ..................................................... L. ANIMAL M. ARCHAEOLOGICAL/HISTORICAL ..................................................... iLYS� N. AESTHETIC_....................... .......__................... ..................... O. ENERGYIRESOURCE'USE ........... ............................................... ROTHER ........................... ._...................._........_................. Ill.STAFF RECOMMENDATION 'SEE ATTACHED REPORT 58-85 -3? ER 54-93 Attachment 7 Request for annexation and Service-Commercial (C-S) prezoning for 22.05 acres along South Higuera Street between Tank Farm Road and Suburban Road. Service-Commercial and Neighborhood-Commercial zoning are requested. 154 Suburban Road The following measures are included in the project to mitigate potential adverse environmental impacts. Please sign the original and return to my offices as soon as possible. Land Use Element Consistency ■ If specialty retail stores are deemed desirable to serve nearby residential neighborhoods, a cap on the amount of square footage allocated to specialty retail uses should be established as part of a Special Consideration (S) or Mixed-Use (MU) overlay zoning to avoid conflict with City policies which favor concentrating specialty retail stores in the downtown and in the shopping centers on Madonna Road. Airport Compatibility ■ Future site development must incorporate design measures that will limit the interior noise level of all residential units to 45 dba, in accordance with FAA standards, to the satisfaction of the Chief Building Official. ■ The use of materials - especially in the roof - shall be nonreflective to reduce glare. The use of mirrored or reflective glass shall be prohibited. ■ Prior to further subdivision or site development, developers of property within the project site must record an avigation easement to the satisfaction of the Airport Area Land Use Commission. ■ Any master list of allowed uses established for the project site must be consistent with the Airport Area Land Use Plan or its successor. Agricultural Compatibility ■ At the time of sale or lease, the applicant should disclose to prospective buyers and tenants the consequences of existing and potential intensive agricultural operations on nearby parcels including but not limited to dust, noise, odors, agricultural chemicals, and the County's Right to Farm Ordinance. A copy of such disclosure should be submitted to the Community Development Director for review, approval, and recordation prior to any further subdivision or site development. Traffic and Circulation ■ To offset a potentially significant reduction in the level of service for nearby roads and intersections, to minimize hazards for pedestrians, and to provide for a logical circulation system, future site development and subdivision projects should incorporate: TK Annexation Mitigation Agreement Page 1 �-39 * Road widening, tg South Higuera Street and Tank F' Road. Attachment 7 * Signal installation at the intersection of Suburban Road and South Higuera Street. * Synchronization of signals along South Higuera Street. * Bus turn-out northbound on South Higuera Street and eastbound along Tank Farm Road. * Right turn lane from South Higuera Street onto Tank Farm Road. * Contributions to the cost of off-site improvements necessitated by cumulative traffic impacts. * Crosswalk striping, islands, and signs for pedestrian safety.. * b � E6 ATT.1h CHOO LF—TTE; L Di+cTtzOMot7iFicstiTio" oP Tats GoN IT►d t Il7lFiftTlhN. * Aligning the northern end of the internal street with Long Street across Tank Farm Road, or installing road improvements to the satisfaction of the City Engineer, consistent with the master circulation plan approved by the County. Public Services ® When traffic signals are installed or relocated, emergency preemption devices shall be required to expedite emergency access. Utilities ■ Future site development or subdivision should include a 30' x 30' easement at the southeasterly corner of South Higuera Street and Tank Farm Road to accommodate a future sewer lift station. Air Quality Q Future site development should include measures to minimize negative impacts to air quality, such as: * Extensive tree planting in the parking areas to reduce evaporative emissions from automobiles. * A carpool/rideshare/public-transit information bulletin board installed in a visually prominent and easily accessible location. * Weatherproof and lockable bicycle storage, as well as short-term bicycle parking racks. * A plan for dust control during construction. * Bicycle parking and shower and locker facilities for employee use. TK Annexation Mitigation Agreement Page 2 o�-A/ * "Clean-fueled electric shuttle service to link the ghborhood serving aspect of the project to nearby residential development. * Bus turnouts along South Higuera Street and Tank Farm Road. Attachment 7 * Shared-use parking reduction. * Designated carpool parking. * On-site food facilities to encourage employees to.stay on site during the lunch hour. Plant Life ■ All Monterey cypress trees to remain shall be protected during any future construction to the satisfaction of the City Arborist. ■ The subdivider shall dedicate street right-of-way along South Higuera of sufficient width to accommodate street widening and a sidewalk located so as to avoid unnecessary tree removal to the satisfaction of the City Engineer. Archaeological Resources v If any archaeological resources are found during site preparation, all earth-work within 150 feet of object(s) shall cease until the resources have been evaluated by a qualified archaeologist. Any additional mitigation measures recommended by the archaeologist shall be evaluated by the Community Development Director, and upon. Director approval, implemented by the applicant. Energy/Resource Use ■ To encourage efficient use of energy and natural resources, newly created lots which are less than one acre in size should be oriented so that their longest side is within 30 degrees of south, or building envelopes shall be established to optimize solar exposure for natural daylighting. ■ To protect solar exposure for likely locations of future collectors, any trees planted along the southern side of proposed buildings should be deciduous. ■ Future construction projects shall include a solid waste recycling plan for recycling discarded materials, such as concrete, sheetrock, wood, and metals, from the construction site. The plan must be submitted for approval by the City's Solid Waste Coordinator or the Community Development Director, prior to building permit issuance.. ® Future site development should incorporate: * Skylights to maximize natural daylighting. * Operable windows to maximize natural ventilation. * Energy-efficient lighting systems for both interior and exterior use. TK Annexation Mitigation Agreement Page 3 * Facilities for it ,r and exterior on-site recycling. Attachment 7 Soil Contamination ■ No buildings, septic systems, or other structures shall be constructed above the approximate area of contamination. s Wells for domestic or non-potable use shall not be located near known areas of soil contamination. Well location and use shall be subject to approval of the City Council. on senand, Dev opment Review Manager T M. Timm Development, Inc., and Kreutzkampf Investments, Applicant TK Annexation Mitigation Agreement Page 4 a-�a rK OEVELOPMr f-1lc Co o, C/O M.TIMM DEVELOPMENT, INC. R Y- f Sl 233 E. CARRILLO ST.,.SUITE.D.SANTA BARBARA.CA 93101 (805)963-0358 •: FAX(805)564-3499 Attachment 7 SAN LUIS OBISPO PROJECTS JOBSITE OFFICE 154 SUBURBAN RD.,.SAN LUIS OBISPO, CA 93401 (805)546-0235 FAX(805)546-0254 May 9, 1997 Planning Division City of San Luis Obispo Gko j e r s W.A l b 990 Palm Street San Luis Obispo, CA 93.401 rC-� ;r4 5{,_cl b Nand delivered SUBJECT: Food 4 Less April 4, 1997 Plan Check Comments Ctw�� v: "Ik:s Pis Attn: Ron Whisenand Resolution No. 8485, Granting Approval of Tract Map (TR74-95, Tract 2202) Sections 3. Conditions Item 18e, TK Development is to provide shower and locker facilities for employee use. Item 1 of the Planning Check Comments states that showers may be deferred until the next building is constructed providing a letter is submitted from the property owner recognizing that employee showers are required as a project condition of approval and promising to include them in conjunction with construction of the next building in this commercial center on any of lots 1 through 4. . Unless the City of San Luis Obispo City Council decides to modify the conditions, TK Development agrees to the above conditions of the shower facilities under the Resolution No. 8485 and Plan Check Comments. Sincerely, Larry K. McGee Project Coordinator Cc : Mike Timm c/o TK Development Larry Kreutzkampf c/o TK Development David St. John, Attorney at Law a-y3 Attachment 7 C � A � T �fq� X— 90 Q 9 DO ❑❑ I i C X,� y� 0 00 Z o la S , a �� _ o o> s n o o rr 0 'o = C Oy �p I X x-X-X O �r 2 n X ' ? m . x � 1 00 u o ^ y X x 0 on� 9 �11 I(<I3 {O S - XL-X X l z z D _ �a CO CD % 000 C3 COS M � I I N n N Z O r m Ox hCr +t _x x x=� —x �x x x x Oa Li O m > n � v D o (JG1 0 �I D n M 't' 0 \x DD DD Or -4 ro c n 'n O -n D Z D Din r O C 8 Z X O a- Attachment 8 RESOLUTION NO. (2001 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE LAND USE ELEMENT MAP OF THE GENERAL PLAN FROM SERVICE COMMERCIAL TO NEIGHBORHOOD COMMERCIAL FOR PROPERTY AT 3975 SOUTH HIGUERA (FOOD 4 LESS SHOPPING CENTER) GP/R/ER 35-01 WHEREAS,the Planning Commission conducted a public hearing on June 13, 2001 and recommended approval of the proposed map amendment to the General Plan Land Use Element; 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 map amendment is consistent with other policies of the General Plan; 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 RESOLVED,by the City Council of the City of San Luis Obispo as follows: SECTION 1. The City Council finds and determines that the project's Negative Declaration (ER 35-01) adequately addresses the potential significant environmental impacts of the proposed project, 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 S. Higuera entrance driveway to the rezoning site to provide connections to Building Pads B and C. SECTION 2. The Land Use Element map is amended as shown on Exhibit A, attached. SECTION 3. The Community Development Director shall cause the amendment to be reflected in documents which are on display in City Hall and which are available for public use. 07 Attachment 8 Resolution No. (2001 Series) GP/R/ER 35-01 Page 2 SECTION 4. This amendment shall take affect at the expiration of 30 days following approval. On motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this 21 st day of August, 2001. Mayor Allen Settle ATTEST: City Clerk Lee Price APPROVED AS TO FORM: Atto e eff gensen 1 �i .: 1 4hY 3 Inl[�:.C' .yT:jy�� l,�''!Y�{'��Y�at,�•r}-'k'ra4�� gy�?�Y'� 424 ryr�..-n,•,Yc�-c.�C' .. .r 2 rY I��L-� i tit`f��� c a-�r"� M� tm . =w .2 ng ` 'br �x�' �y�rr y'FSY j'ZR `ti i ' 4k" Y-•k'J �' -t�j�-•rN ,. a+: < K ixefir Ek 'yr sYugr x r�% ryS.y "��rhl; -7AQ hi �,.! e /Ep , a a: .} 'S- brt �l`,.�d�_ 'rr'`�r�"1 3�M''S'"'�4'•�f'c" s�s'.s3�-,AT�.i r � �S�J ,,,�fy✓tt�- r'P P�3,5,,��1�Ant ST y,+C�'t,y�-- '��r iii w�i '�e- f d �,d♦♦GG�ey'�f t�re��}ent+ ysL3 lc r� `7.'�„^a�.f�,M"�. -.� L�it�,,.s�`�h f� �"�•i•v.��!M...s..e, s �*1 jiy � } jti+�-R• c.,�i j .+at+ti.J,.q�tS�-,��Yi, 1�sc`Rv` + i'`- , r { Yti .•.Y t. saw 7' 'y. �,`aY�:.r^ -rt ie^i�� ,"�.Z'!rKr'� T K� T�� J•rs� ij `L a �,r4z° •� �a„ 't -•�' �'>bh�r? Ki Mq t'ry,�+�` @•�s,r",C ,',��,rv` �u • � 'r.��.art.4P c rr-`-•-J .�[r. �'Y Fr^c�'-a�1` y s�¢��wrt f+l y s#`rt.����1_ d ♦. • ' .n�' `Y cs -'scry > iC'* sA s' S.�s*ST�iY W x v K^ '3 r � ommerci� r •a tN�` Pn pA zy�J �f. J � I .K '; � t r '� ; ,y rij. i�t'� i,+�� �+/y+:�•� f9yi�.�� � �2'„r�h3 °" t#a.�-y -.,�...,f _J:,f•3<s�' r•,.,,, '�'� it% + �' —e4<i' '� ,d"s e � � .�'.3 Attachment 8 ORDINANCE NO. (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 S. Higuera entrance driveway to the rezoning site to provide connections to Building Pads B and C. 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 a -ie" Attachment 9 Ordinance No.. (2001 Series) GP/R 35-01 Page 2 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: y me Je or nsen 1 � _ a" ",V:^ q-p. t;?r^P;a-:•'.r f5 Sfl.i � 1 R r4a`i�Ja,> �t4, �' Y m� •Yy.two ♦ x c?,� t " :7J t4t R ]1. F �C• ,y/ r � •T_moi Y /r 4 I r R?t �y Y� '�'� k 'i'r• 1 4` �'•(� �n Yc'Y SJ '� r� E.JTlt'/.in�1;CirrMl:I,';�1il�i S • i l Y �illlllllll IIII IIS ��,� I pill IIII � � Q ty of san luo o8spo t� 1 990 Palm Street, San Luis Obispo, CA 93401-3249 August 8, 2001 RRM Design Group 3701 South Higuera Street San Luis Obispo, CA 93401 SUBJECT: General Plan Amendment and Zone Reclassification to Allow Neighborhood Commercial Uses (GP/I354[ Dear Representative: The San Luis Obispo City Council will hold a public hearing to consider a General Plan Amendment and Zone Reclassification to allow neighborhood commercial uses (GP/R 35-01) 3975 South Higuera. The meeting is scheduled for Tuesday, August 21, 2001, beginning at 7:00 p.m. in the Council Chamber at City Hall, 990 Palm Street, San Luis Obispo. Other hearings may be held before or after this item. Please know that if you challenge this action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. For additional information or questions concerning this item, please contact the Community Development Department at 781-7170. The Council agenda report with recommendation by staff will be sent to you on the Wednesday before the meeting. Please call the City Clerk's Office at 781-7102 if you would prefer to pick up the agenda report. Sincere , Lee Price, CMC City Clerk c: Jeff Hook John Mandeville The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Telecommunications Device for the Deaf (805) 781.7410. Ir city of san IUIS OBISPO �►IIIIIIIIIIIIIIIIIII������;�IIII �►IIIIII I � ff (.6.alad 990 Palm Street, San Luis Obispo, CA 93401-3249 August 8, 2001 Matt Easter TK Development II 233 East Carillo Street#D Santa Barbara, Ca 93101 SUBJECT: General Plan Amendment and Zone Reclassification to Allow Neighborhood Commercial Uses (GP/R 35-01) Dear Applicant: The San Luis,Obispo City Council will hold a public hearing to consider a General Plan Amendment and Zone Reclassification to allow neighborhood commercial uses (GP/R 35-01) 3975 South Higuera. The meeting is scheduled for Tuesday, August 21, 2001, beginning at 7:00 p.m. in the Council Chamber at City Hall, 990 Palm Street, San Luis Obispo. Other hearings may be held before or after this item. Please know that if you challenge this action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. For additional information or questions concerning this item, please contact the Community Development Department at 781-7170. The Council agenda report with recommendation by staff will be sent to you on the Wednesday before the meeting. Please call the City Clerk's Office at 781-7102 if you would prefer to pick up the agenda report. Sincerel , C� Lee Price, CMC City Clerk c: Jeff Hook John Mandeville V� The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Telecommunications Device for the Deaf (805) 781-7410. Department of Communit )evelo ment _ City of San Luis Obispo h p � 990 Palm Street Planning Application Sar, Luis Obispo, CA 93401 (805) 781-7172 Project Address 3975 HIGUERA S Parcel# 053-257-004. 35-01 Legal Description CY SLO TR 2202-1 LT 4 Zoning 1 C-S Zoning 2 Property Owner TK DEVELOPMENT II A CA PTP In Care Of Owner Address 233 E CARRILLO ST#D SANTA BARBARA CA 93101-2186 Applicant Name IT.DEVELOMENT 11(MATT EASTER) Day Phone(805)963-0358 Address 233 E.CARILLO ST.#D S NTA BARBARA CA 93101 Representative RRM DESIGN GROUP Day Phone(805)543.1794 Address 3701 S.HIGUERA ST. SAN LUIS OBISPO,CA 93401 Send correspondence to X applicant X representative owner other(see file) Application made pursuant to Chapter/Section of the San Luis Obispo Municipal Code. Planning Services Summary Application# Type of Application Received Fee GP/R 35-01 Rezone property from C-S to C-N. 03/06/01 $5,366 ER 35-01 Review impacts associated with GPA& 03/06/01 $1,899 rezoning. Total fees $7,265 Total Fees does not matchTotal_Paid! Received By PAM RICCI Fee Paid by Applicant (7,261) Assigned planner WHITNEY MCLVAINE Hearings GP/R PC Hearing 06/27/01 Y FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 79 CHUPARROSA 83 CHUPARROSA 113 CROSS SAN LUIS OBISPO,CA 93401-7411 SAN LUIS OBISPO,CA 93401-7411 SAN LUIS OBISPO,CA 93401 FILE NUMBER:35-01 FILE NUMBER:3541 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA 3960 S HIGUERA# 1 3960 S HIGUERA# 2 SAN LUIS OBISPO,CA 93401-7461 SAN LUIS OBISPO,CA 93401-7441 SAN LUIS OBISPO,CA 93401-7441 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE.NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA# 3 3960 S HIGUERA# 4 3960 S HIGUERA# 5 SAN LUIS OBISPO,CA 93401-7441 SAN LUIS OBISPO,CA 934014441 SAN LUIS OBISPO,CA 93401-7441 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 39605 HIGUERA# 6 3960 S HIGUERA# 7 3960 S HIGUERA# 8 SAN LUIS OBISPO,CA 93401-7441 SAN LUIS OBISPO,CA 93401-7441 SAN LUIS OBISPO,CA 93401-7441 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA# 9 3960 S HIGUERA# 10 3960 S HIGUERA# 11 SAN LUIS OBISPO,CA 93401-7442 SAN LUIS OBISPO,CA 93401-7442 SAN LUIS OBISPO,CA 93401-7442 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA# 12 3960 S HIGUERA# 13 3960 S HIGUERA# 14 SAN LUIS OBISPO,CA 93401-7442 SAN LUIS OBISPO,CA 93401-7442 SAN LUIS OBISPO,CA 93401-7442 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA# 15 3960 S HIGUERA# 16 3960 S HIGUERA# 17 SAN LUIS OBISPO,CA 93401-7442 SAN LUIS OBISPO,CA 93401-7442 SAN LUIS OBISPO,CA 93401-7442 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA# 18 3960 S HIGUERA# 19 3960 S HIGUERA# 20 SAN LUIS OBISPO,CA 93401-7442 SAN LUIS OBISPO,CA 93401-7442 SAN LUIS OBISPO,CA 93401-7442 FILE.NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA# 21 3960 S HIGUERA# 22 3960 S HIGUERA# 23 SAN LUIS OBISPO,CA 93401-7442 SAN LUIS OBISPO,CA 93401-7442 SAN LUIS OBISPO,CA 93401-7442 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA# 24 3960 S HIGUERA# 25 39608 HIGUERA# 26 SAN LUIS OBISPO,CA 93401-7442 SAN LUIS OBISPO,CA 93401-7442 SAN LUIS OBISPO,CA 93401-7442 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA# 27 3960 S HIGUERA# 28 3960 S HIGUERA# 29 SAN LUIS OBISPO,CA 93401-7443 SAN LUIS OBISPO,CA 93401-7443 SAN LUIS OBISPO,CA 93401-7443 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960S HIGUERA# 30 3960 S HIGUERA# 31 3960 S HIGUERA# 32 SAN LUIS OBISPO,CA 93401-7443 SAN LUIS OBISPO,CA 93401-7443 SAN LUIS OBISPO,CA 93401-7443 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE.NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA# 33 3960 S HIGUERA# 34 3960 S HIGUERA# 35 SAN LUIS OBISPO,CA 93401-7443 SAN LUIS OBISPO,CA 93401-7443 SAN LUIS OBISPO,CA 93401-7443 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35.01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA# 36 3960 S HIGUERA# 37 3960 S HIGUERA# 38 SAN LUIS OBISPO,CA 93401-7443 SAN LUIS OBISPO,CA 93401-7443 SAN LUIS OBISPO,CA 93401-7443 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA# 39 3960 S HIGUERA# 40 3960 S HIGUERA# 41 SAN LUIS OBISPO,CA 93401-7443 SAN LUIS OBISPO,CA 93401-7443 SAN LUIS OBISPO,CA 93401-7443 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA# 42 3960 S HIGUERA# 43 3960 S HIGUERA# 44 SAN LUIS OBISPO,CA 93401-7443 SAN LUIS OBISPO,CA 93401-7443 SAN LUIS OBISPO,CA 93401-7443 FILE'NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA# 45 3960 S HIGUERA# 46 3960 S HIGUERA# 47 SAN LUIS OBISPO,CA 93401-7443 SAN LUIS OBISPO,CA 93401-7443 SAN LUIS OBISPO,CA 93401-7443 FILE NUMBER:35-01 FILE.NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA# 48 3960 S HIGUERA# 49 3960 S HIGUERA# 50 SAN LUIS OBISPO,CA 93401.7443 SAN LUIS OBISPO,CA 93401-7443 SAN LUIS OBISPO,CA 93401-7443 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA# 51 3960 S HIGUERA# 52 3960 S HIGUERA# 53 SAN LUIS OBISPO,CA 93401-7443 SAN LUIS OBISPO,CA 93401-7444 SAN LUIS OBISPO,CA 93401-7444 FILE NUMBER:35-01 FILE NUMBER:35=01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 39605 HIGUERA# 54 3960 S HIGUERA# 55 3960 S HIGUERA# 56 SAN LUIS OBISPO,CA 93401-7444 SAN LUIS OBISPO,.CA 93401-7444 SAN LUIS OBISPO,CA 93401-7444 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35.01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA# 57 3960 S HIGUERA# 58 3960 S HIGUERA# 59, SAN LUIS OBISPO,CA 93401-7444 SAN LUIS OBISPO,CA 93401-7444 SAN LUIS OBISPO,CA 93401-7444 FILE NUMBER:35.01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA# 60 3960 S HIGUERA# 61 3960 S HIGUERA# 62 SAN LUIS OBISPO,CA 93401-7444 SAN LUIS OBISPO,CA 93401-7444 SAN LUIS OBISPO,CA 93401-7444 FILE NUMBER:.35-01 FILE NUMBER:35-01 FILE NUMBER:35-01' OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA# 63 3960 S HIGUERA# 64 3960 S HIGUERA# 65 SAN LUIS OBISPO,CA 93401-7444 SAN LUIS OBISPO,CA 93401-7444 SAN LUIS OBISPO,CA 93401-7444 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE.NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA# 66 3960 S HIGUERA# 67 3960 S HIGUERA# 68 SAN LUIS OBISPO,CA 93401-7444 SAN LUIS OBISPO,CA 93401-7445 SAN LUIS OBISPO,CA 93401-7445 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA# 69 3960 S HIGUERA# 70 3960 S HIGUERA# 71 SAN LUIS OBISPO,CA 93401-7445 SAN LUIS OBISPO,CA 93401-7445 SAN LUIS OBISPO,CA 93401-7445 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA# 72 3960 S HIGUERA# 73 3960 S HIGUERA# 74 SAN LUIS OBISPO,CA 93401-7445 SAN LUIS OBISPO,CA 93401-7445 SAN LUIS OBISPO,CA 93401-7445 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA# 75 3960 S HIGUERA# 76 3960 S HIGUERA# 77 SAN LUIS OBISPO,CA 93401-7445 SAN LUIS OBISPO,CA 93401-7446 SAN LUIS OBISPO,CA 93401.7446 f FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA# 78 3960 S HIGUERA# 79 3960 S HIGUERA# 80 SAN LUIS OBISPO,CA 93401-7446 SAN LUIS OBISPO,CA 93401-7446 SAN LUIS OBISPO,CA 93401-7446 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA# 81 3960 S HIGUERA# 82 3960 S HIGUERA# 83 SAN LUIS OBISPO,CA 93401-7446 SAN LUIS OBISPO,CA 93401-7446 SAN LUIS OBISPO,CA 93401-7446 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA# 84 3960 S HIGUERA# 85 39605 HIGUERA# 86 SAN LUIS OBISPO,CA 93401-7447 SAN LUIS OBISPO,CA 93401-7447 SAN LUIS OBISPO,CA 93401-7447 FILE NUMBER:35-01. FILE NUMBER:35-01 FILE NUMBER:3541 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA# 87 3960 S HIGUERA# 88 3960 S HIGUERA# 89 SAN LUIS OBISPO,CA 93401-7447 SAN LUIS OBISPO,CA 93401-7447 SAN LUIS OBISPO,CA 93401-7447 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA# 90 3960 S HIGUERA# 91 3960 S HIGUERA# 92 SAN LUIS OBISPO,CA 93401-7447 SAN LUIS OBISPO,CA 93401-7447 SAN LUIS OBISPO,CA 93401-7447 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA# 93 3960 S HIGUERA# 94 3960 S HIGUERA# 95 SAN LUIS OBISPO,CA 93401-7447 SAN LUIS OBISPO,CA 93401-7447 SAN LUIS OBISPO,CA 93401-7447 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA# 96 3960 S HIGUERA# 97 3960 S HIGUERA# 98 SAN LUIS OBISPO,CA 93401-7447 SAN LUIS OBISPO,CA 93401-7448 SAN LUIS OBISPO,CA 93401-7448 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA# 99 3960 S HIGUERA#100 3960 S HIGUERA#101 SAN LUIS OBISPO,CA 93401-7448 SAN LUIS OBISPO,CA 93401-7448 SAN LUIS OBISPO,CA 93401-7448 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA#102 3960 S HIGUERA#103 3960 S HIGUERA#104 SAN LUIS OBISPO,CA 93401-7448 SAN LUIS OBISPO,CA 93401-7448 SAN LUIS OBISPO,CA 93401-7448 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA#105 3960 S HIGUERA#106 3960 S HIGUERA#107 SAN LUIS OBISPO,CA 93401-7448 SAN LUIS OBISPO,CA 93401-7448 SAN LUIS OBISPO,CA 93401-7448 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA#108 3960 S HIGUERA#109 3960 S HIGUERA#110 SAN LUIS OBISPO,CA 93401-7448 SAN LUIS OBISPO,CA 93401-7448 SAN LUIS OBISPO,CA 93401-7448 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35.01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA#111 3960 S HIGUERA#112 3960 S HIGUERA#113 SAN LUIS OBISPO,CA 93401-7448 SAN LUIS OBISPO,CA 93401-7448 SAN LUIS OBISPO,CA 93401-7448 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE.NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA#114 3960 S HIGUERA#115 3966 S HIGUERA#116 SAN LUIS OBISPO,CA 93401-7449 SAN LUIS OBISPO,CA 93401-7449 SAN LUIS OBISPO,CA 93401-7449 FILE:NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA#117 3960 S HIGUERA#118 3960 S HIGUERA#119 SAN LUIS OBISPO,CA 93401-7450 SAN LUIS OBISPO,CA 93401-7450 SAN LUIS OBISPO,CA 93401-7450 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA#120 3960 S HIGUERA#121 3980 S HIGUERA#122 SAN LUIS OBISPO,CA 93401-7450 SAN LUIS OBISPO,CA 93401-7450 SAN LUIS OBISPO,CA 93401-7450 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA#123 3960 S HIGUERA#124 3960 S HIGUERA#125 SAN LUIS OBISPO,CA 93401-7450 SAN LUIS OBISPO,CA 93401-7450 SAN LUIS OBISPO,CA 93401-7450 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA#126 3960 S HIGUERA#127 3960 S HIGUERA#128 SAN LUIS OBISPO,CA 93401-7450 SAN LUIS OBISPO,CA 93401-7450 SAN LUIS OBISPO,CA 93401-7450 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA#129 3960 S HIGUERA#130 3960 S HIGUERA#'131 SAN LUIS OBISPO,CA 93401-7451 SAN LUIS OBISPO,CA 93401-7451 SAN LUIS OBISPO,CA 93401-7451 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA#132. 3960 S HIGUERA#133 3960 S HIGUERA#134 SAN LUIS OBISPO,CA 93401-7451 SAN LUIS OBISPO,CA 93401-7451 SAN LUIS OBISPO,CA 93401-7451 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA#135 3960 S HIGUERA#136 3960 S HIGUERA#137 SAN LUIS OBISPO,CA 93401-7451 SAN LUIS OBISPO,CA 93401-7451 SAN LUIS OBISPO,CA 93401-7451 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA#138 39605 HIGUERA#139 3960 S HIGUERA#140 SAN LUIS OBISPO,CA 93401-7451 SAN LUIS OBISPO,CA 93401-7451 SAN LUIS OBISPO,CA 93401-7451 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:3541 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA#141 3960 S HIGUERA#142 3960 S HIGUERA#143 SAN LUIS OBISPO,CA 93401-7451 SAN LUIS OBISPO,CA 93401-7451 SAN LUIS OBISPO,CA 93401-7451 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA#144 39605 HIGUERA#145 3960 S HIGUERA#146 SAN LUIS OBISPO,CA 93401-7451 SAN LUIS OBISPO,CA 93401-7452 SAN LUIS OBISPO,CA 93401-7452 FILE NUMBER:35-01 FILE.NUMBER:35.01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA#147 3960 S HIGUERA#148 3960 S HIGUERA#149 SAN LUIS OBISPO,CA 93401-7452 SAN LUIS OBISPO,CA 93401-7452 SAN LUIS OBISPO,CA 93401-7452 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT ' 3960 S HIGUERA#150 3960 S HIGUERA#151 3960 S HIGUERA#152 SAN LUIS OBISPO,CA 93401-7452 SAN LUIS OBISPO,CA 93401-7452 SAN LUIS OBISPO,CA 93401-7452 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA#153 3960 S HIGUERA#154 3960 S HIGUERA#155 SAN LUIS OBISPO,CA 93401-7452 SAN LUIS OBISPO,CA 93401-7452 SAN LUIS OBISPO,CA 93401-7452 FILE.NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA#156 3960 S HIGUERA#157 3960 S HIGUERA#158 SAN LUIS OBISPO,CA 93401-7452 SAN LUIS OBISPO,CA 93401-7452 SAN LUIS OBISPO,CA 93401-7453 ' 1 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:.35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA#159 3960 S HIGUERA#160 3960 S HIGUERA#161 SAN LUIS OBISPO,CA 93401-7453 SAN LUIS OBISPO,CA 93401-7453 SAN LUIS OBISPO,CA 93401-7453 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA#162 3960 S HIGUERA#163 3960 S HIGUERA#164 SAN LUIS OBISPO,CA 93401-7453 SAN LUIS OBISPO,CA 93401-7453 SAN LUIS OBISPO,CA 93401-7453 FILE NUMBER:35-01 FILE NUMBER'35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT, OCCUPANT 3960 S HIGUERA#165 3960 S HIGUERA#166 3960 S HIGUERA#167 SAN LUIS OBISPO,CA 93401-7453 SAN LUIS OBISPO,CA 93401-7453 SAN LUIS OBISPO,CA 93401-7453 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-M OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA#168 3960 S HIGUERA#169 3960 S HIGUERA#170 SAN LUIS OBISPO,CA 9340177453 SAN LUIS OBISPO,CA 93401-7453 SAN LUIS OBISPO,CA 93401-7453 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE:NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA#171 3960 S HIGUERA#172 3960 S HIGUERA#173 SAN LUIS OBISPO,CA 93401-7453 SAN LUIS OBISPO,CA 93401-7453 SAN LUIS OBISPO,CA 93401-7454 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA#174 3960 S HIGUERA#175 3960 S HIGUERA#176 SAN LUIS OBISPO,CA 93401-7454 SAN LUIS OBISPO,CA 93401-7454 SAN.LUIS OBISPO,CA 93401-7454 FILE NUMBER:3541 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA#177 3960 S HIGUERA#178 3960 S HIGUERA#179 SAN LUIS OBISPO,CA 93401-7454 SAN LUIS OBISPO,CA 93401-7454 SAN LUIS OBISPO,CA 93401-7454 FILE NUMBER:35-01 FILE.NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA#180 39605 HIGUERA#181 3960 S HIGUERA#182 SAN LUIS OBISPO,CA 93401-7454 SAN LUIS OBISPO,CA 93401-7454 SAN LUIS OBISPO,CA 93401-7454 FILE NUMBER:35-01 FILE.NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA#183 3960 S HIGUERA#184 3960 S HIGUERA#185 SAN LUIS OBISPO,CA 93401-7454 SAN LUIS OBISPO,CA 93401-7455 SAN LUIS OBISPO,CA 93401-7455 - ' Attachment 10 RESOLUTION NO. (2001 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING THE REQUEST TO AMEND THE LAND USE ELEMENT MAP AND ZONING MAP DESIGNATIONS FROM SERVICE COMMERCIAL TO NEIGHBORHOOD COMMERCIAL FOR PROPERTY AT 3975 SOUTH HIGUERA(FOOD 4 LESS SHOPPING CENTER) GP/R/ER 35-01 WHEREAS,the Planning Commission conducted a public hearing on June 13, 2001 and recommended approval of the proposed map amendment to the General Plan Land Use Element; 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 map amendment is consistent with other policies of the General Plan; 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 RESOLVED,by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. 1. The proposed general plan amendment and rezoning (GP/R/ER 35-01) is inconsistent with General Plan Land Use Element policies regarding Service-Commercial and Neighborhood-Commercial zoning because: [Council to specify reasons]. SECTION 2. Action. The request (GP/R/ER 35-01) for a general plan amendment and rezoning is hereby denied. On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this_day of , 2001. a-s� Attachment 10 Resolution No. (2001 Series) Denial of GP/R 35-01 Page 2 Mayor Allen Settle ATTEST: City Clerk Lee Price APPROVED AS TO FORM: City Attorney eff Jorgense� a sa ��►►�►��ihi�i►�►Iii�illlllllll IIIIII�hI1111°� VIII IIII city of san l�uis _o- Bispoy 990 Palm Street, San Luis Obispo, CA 93401-3249 August 9, 2001 CITY COUNCIL PUBLIC HEARING NOTICE GENERAL PLAN AMENDMENT AND ZONE RECLASSIFICATION TO ALLOW NEIGHBORHOOD COMMERCIAL USES (GP/R 35-01), 3975 SOUTH HIGUERA The San Luis Obispo City Council will hold a public hearing to address the General Plan Amendment and Zone Reclassification to Allow Neighborhood Commercial Uses (GP/R 35-01), 3975 South Higuera. The Public Hearing portion of the meeting will be held on Tuesday,August 21,2001 beginning at 7:00 p.m in the Council Chamber at City Hall,990 Palm Street. The public is welcome to attend and comment. Written comments are encouraged. Other items may be discussed before or after this item. Please know that if you challenge this action in court, you may be limited to raising only those issues you or someone else raised during the public hearing described in this notice, or in written correspondence delivered to the City Council at,or prior to, the public hearing. The agenda report,including recommendation by staff, will be available for review in the City Clerk's Office(Room#1 of City Hall)the Wednesday before the meeting. For more information, please contact Whitney McIlvaine in the Comm niry Development Department at 781-7164. TANK FAqu�e0 Lee Price, C.M.C. City Clerk CROSS H �S SUBURBAN 3975 S. Nguera GP 301 OThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. �� Telecommunications Device for the Deaf(805) 781-7410. i FILE NUMBER:35-01 FILE NUMBER:35-01 F.ILE.NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA#186 3960 S HIGUERA#187 3960 S HIGUERA#188 SAN LUIS OBISPO,CA 93401-7455 SAN LUIS OBISPO,CA 93401-7456 SAN LUIS OBISPO,'CA 93401-7456 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA#189 3960 S HIGUERA#190 3950 S HIGUERA#191 SAN LUIS OBISPO,CA 93401-7456 SAN LUIS OBISPO,CA 93401-7456 SAN LUIS OBISPO,CA 93401-7456 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA#192 3960 S HIGUERA#193 3960 S HIGUERA#194 SAN LUIS OBISPO,CA 93401-7456 SAN LUIS OBISPO,CA 93401-7456 SAN LUIS OBISPO,CA 93401-7456 FILE NUMBER:35-01 FILE NUMBER:35-01 FILENUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA#195 3960 S HIGUERA#196 3960 S HIGUERA#197 SAN LUIS OBISPO,CA 93401.7456 SAN LUIS OBISPO,CA 93401-7456 SAN LUIS OBISPO,CA 93401.7456 FILE NUMBER:3S-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA#198 3960 S HIGUERA#199 3960 S HIGUERA#260 SAN LUIS OBISPO,CA 93401-7456 SAN LUIS OBISPO,CA 93401-7456 SAN LUIS OBISPO,CA 93401-7456 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA#201 3960 S HIGUERA#202 3960 S HIGUERA#203 SAN LUIS OBISPO,CA 93401-7456 SAN LUIS OBISPO,CA 93401-7456 SAN LUIS OBISPO,CA 93401-7456 FILE NUMBER:35-01 FILE NUMBER:35-01 FILENUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA#204 3960 S HIGUERA#205 3960 S HIGUERA#206 SAN LUIS OBISPO,CA 93401-7456 SAN LUIS OBISPO,CA 93401-7456 SAN LUIS OBISPO,CA 93401-7457 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA#207 3960 S HIGUERA#208 3960 S HIGUERA#209 SAN LUIS OBISPO,CA 93401-7457 SAN LUIS OBISPO,CA 93401-7457 SAN LUIS OBISPO,CA 93401-7458 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA#210 3960 S HIGUERA#211 3960 S HIGUERA#212 SAN LUIS OBISPO,CA 93401-7458 SAN LUIS OBISPO,CA 93401-7458 SAN LUIS OBISPO,CA 93401-7458 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 3960 S HIGUERA#213 3960 S HIGUERA#214 3960 S HIGUERA#215 SAN LUIS OBISPO,CA 93401-7458 SAN LUIS OBISPO,CA 93401-7458 SAN LUIS OBISPO.CA 93401-7458 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:3541 OCCUPANT OCCUPANT OCCUPANT 3975 S HIGUERA 3985 S HIGUERA 4029.S HIGUERA SAN LUIS OBISPO,CA 93401 SAN LUIS OBISPO,CA 93401 SAN LUIS OBISPO,CA 93401- FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 4035 S HIGUERA 33 LOS VERDES 34 LOS VERDES SAN LUIS OBISPO,CA 93401- SAN LUIS OBISPO,.CA 93401-7728 SAN LUIS OBISPO,CA 93401-7728 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 92 LOS VERDES 84 MARIPOSA 88 MARIPOSA SAN LUIS OBISPO,CA 93401-7731 SAN LUIS OBISPO,CA 93401-7416 SAN LUIS OBISPO,CA 93401-7416 FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 92 MARIPOSA 131 SUBURBAN 141 SUBURBAN# Al SAN LUIS OBISPO,CA 93401-7416 SAN LUIS OBISPO,CA 93401- SAN LUIS OBISPO,CA 93401- FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 141 SUBURBAN# A2 4765 Calle Questzal 141 SUBURBAN# A4 SAN LUIS OBISPO,CA 93401- Camarillo,CA 93012-8546 SAN LUIS OBISPO,CA 93401- FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 141 SUBURBAN# A5 141 SUBURBAN# C2 141 SUBURBAN# C3 SAN LUIS OBISPO,CA 93401- SAN LUIS OBISPO,CA 93401- SAN LUIS OBISPO,CA 93401- FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 141 SUBURBAN# C4 141 SUBURBAN# CS 141 SUBURBAN# D1 SAN LUIS OBISPO,CA 93401- SAN LUIS OBISPO,CA 93401- SAN LUIS OBISPO,CA 93401- FILE NUMBER:35-01 FILE NUMBER:35-01 FILE NUMBER:35-01 OCCUPANT OCCUPANT OCCUPANT 141 SUBURBAN# D2 141 SUBURBAN# D3 141 SUBURBAN# E1 SAN LUIS OBISPO,CA 93401- SAN LUIS OBISPO,CA.93401- . 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PO BOX 3932 225 RANCHITO LN SLO CA 93403-3932 SLO CA 93401-7926 0 ER 35-01 Review impacts associated with GPA& rezoning. _ GP/R 35-01 Rezone property from CS to C-N. X. r � •/ ."Orr ',�`., "l'�.,. J�.., pf .. I Solid = Owner and Occupant Diagonal Lines= Occupant Only Cross Hatch = Owner Only CITY OF SAN LUIS OBISPO GEODATA SERVICES 955 MORRO STREET SAN LUIS OBISPO,CA 93401 Bos 781-7167 07/26/01 11:37 gee s� a o elandii Lim H n seen �m 0 a 1 ❑ 1 CO 1 Soup, 1 �r South Stree ❑ � p oa ogo 1 Oa M 0000ODS 1 C:I moa ga a 1 a o 1 o o� ; 1 � Mid-Higuera Enhancement Plan Area