HomeMy WebLinkAbout07/05/2005, PH3 - GENERAL PLAN AMENDMENT AND REZONE FROM TOURIST COMMERCIAL (C-T) TO SERVICES AND MANUFACTURING (C-S- council M .
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CITY OF SAN LUIS OBISPO
FROM: John Mandeville, Community Development Directo
ow
Prepared By: Phil Duns more, Associate Planner 7
SUBJECT: GENERAL PLAN AMENDMENT AND REZONE FROM TOURIST
COMMERCIAL (C-T) TO SERVICES AND MANUFACTURING (C-S-S) FOR
THE PROPERTY KNOWN AS 12398 LOS OSOS VALLEY ROAD. (GP/R/ER
19-05)
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 for the site from Tourist Commercial to Services and Manufacturing and
approving a Negative Declaration (ER 19-05).
2. Introduce an ordinance changing the zoning on the subject property from Tourist-
Commercial (C-T) to Service Commercial with a Special Considerations Overlay (C-S-S).
DISCUSSION
Data Summary
Address: 12398 Los Osos Valley Road
Applicant: John S. FranD e
Representative: Jerry Holland
Zoning: C-T
General Plan: Tourist Commercial
Environmental Status: A Mitigated Negative Declaration was recommended by the Planning
Commission on April 13, 2005 (ER 19-05, Attachment 6).
Situation
The City has received an application for a General Plan amendment and Rezoning (GP/R) for the
property at the corner of Los Osos Valley Road and Calle Joaquin, currently a Shell fuel station.
Specifically, the applicant would like to amend the property's land use and zoning designations
from Tourist Commercial (C-T) to Service Commercial (C-S) to allow the expansion of the
adjacent auto sales facility (Toyota). Plans to remodelthe site to accommodate additional
vehicle sales facilities are proposed in the future. Since the C-T zone does not allow auto sales,
the zone change is necessary to .allow Toyota to utilize this property for an expansion of their
facility.
Council Agenda Report-GP/R/ER 19-05
12398 Los Osos Valley Road
Page 2
Planning Commission Action
On April 13, 2005, the Planning Commission unanimously voted to recommend that the City
Council approve the Mitigated Negative Declaration and amend the General Plan Land Use and
zoning designations from C-T to C-S-S, based on findings, conditions and mitigation measures
(Attachment 3, 4 and 5). There was no public testimony and the Commission's discussion
focused on conceptual plans for the property in the future. The Commission agreed that the
Special Considerations zone should be utilized at this property in order to restrict land uses to
auto related uses, consistent with General Plan Policy for the surrounding vicinity. The Planning
Commission staff report and draft hearing minutes are attached (Attachments 4 & 5).
General Plan Consistency
The attached Planning Commission staff report, Attachment 5, evaluates the merits of the
proposed Rezoning and General Plan Amendment for consistency with the General Plan. In
particular, Land Use Element Policy 3.6.7 discusses the reservation of sufficient area to serve
auto sales facilities. The Commission found the proposed use of the property, and the proposed
amendment, to be consistent with this General Plan Policy and felt that the S overlay would help
to keep future land uses consistent with this policy.
Special Considerations Overlay Zone
As mentioned above, the Special Considerations overlay zone (S overlay) was recommended by
staff and the Planning Commission as a method of regulating future land uses at this site. The
requirement of the S overlay is a recommended mitigation measure in the attached Initial Study,
Attachment 6. The S overlay is intended to assure compatibility of a new use with its
surroundings or to determine if a proposed development solves existing site problems. The S
overlay requires discretionary review in the form of an Administrative Use Permit to allow new
uses on the site or to review substantial changes to existing uses. In this case, the S overlay is
intended to reserve this property for automotive related uses as an expansion of the S-zone on
contiguous properties. Additionally, the use permit process will ensure adequate review of new
uses in conjunction with the flood zone, the scenic corridor designation of Los Osos Valley
Road, and the conversion of a gasstation to other uses. The S overlay is discussed in additional
detail in the attached Planning Commission staff report.
Conclusion
This application to rezone the property would still allow for the continued operation and future
remodel of the existing gas station. Both the C-S and C-T districts contain similar property
development standards and rezoning the property would not necessarily restrict buildout or
encourage more intensive development.
The intention of the rezone is to allow the applicant to expand the existing auto sales use and
abandon the gas station use. If the City Council amends the Land Use Map and zoning, the
3��
Council Agenda Report—GP/R/ER 19-05
12398 Los Osos Valley Road
Page 3
applicant will need to apply for a Use Permit and submit an application for architectural review
prior to expanding the auto sales use onto the property. As recommended in the draft Initial
Study, the project mitigation measures will require removal of all gas station related
infrastructure prior to changing the occupancy.
CONCURRENCES
The rezone request has been reviewed by other City departments including Public Works,
Utilities, Building and Fire. No significant concerns were noted. Driveway ramps may be
required to be abandoned and reconstructed with new sidewalks following the abandonment of
the gas station use.
FISCAL IMPACT
When the General Plan was prepared, it was accompanied by a fiscal impact analysis, which
found that overall the General Plan was fiscally balanced. Amending the General Plan for this
location will not significantly alter revenues since the new designation will not result in
significant changes to potential revenue producing commercial property. The property is too
small to allow for significant tourist serving commercial development, and the property would
benefit from allowing an auto sales facility to expand and take advantage of a corner property.
ALTERNATIVES
1. Consider other zoning options that may be appropriate for this site considering the
existing and proposed continuation of the land use.
2. Deny the General Plan amendment and rezoning based on findings of inconsistency with
the General Plan or other policy documents.
3. Continue action, if additional information is needed. Direction should be given to staff.
ATTACIAIENTS:
1. Vicinity Map
2. Applicant's project description
3. Planning Commission Resolution 5417-05
4. Planning Commission minutes
5. Planning Commission staff report
6. Initial Study of Environmental Impact
7. Draft Resolution
8. Draft Ordinance
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VICINITY MAP File No. 19®05
N
12398 Los Osos Valley
Attachment 2
Addendum Zoning and Plan Application
The goal of this zoning and general plan change is to allow the
conversion the Shell gas station into an extension of the adjoining
Toyota dealership. All tanks, piping and pumps will be removed,
the lot resurfaced and eventually the building remodeled to
accommodate an office for sales personnel. Additionally we
believe the removal of all the petroleum dispensing equipment will
eliminate a point of possible contamination of a large water aquifer
in an area known to the City to have a high water table.
We are requesting that the Shell station on the comer of Calle
Joaquin be designated as C-S. It presently C-T zoned. Presently
most of the north side of Los Osos Valley Rd., in this area, is C-S
and is known as Auto Row. The City has shown interest in
grouping all dealers, where possible, this would continue that
aspect of the Cities plans and desires.
In addition the converting of the property to a car sales lot would
substantially cut down on ingress and egress at or near the comer
facilitating the a smoother flow of traffic especially after the City
Installs the traffic signal.
) l Attachment 3
RESOLUTION NO.5417-05
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION
RECCOMENDING APPROVAL TO THE CITY COUNCIL OF AMENDMENTS TO
THE LAND USE ELEMENT MAP AND ZONING MAP DESIGNATIONS.
FROM C-T TO C-S-S
FOR PROPERTY AT 12398 LOS OSOS VALLEY ROAD
GP/R/ER 19-05
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
April 13, 2005 pursuant to a proceeding instituted under application GP/R/ER 19-05, John S.
Frangie, applicant; and
WHEREAS, the Planning Commission of the City of San Luis Obispo has considered
testimony of the applicant, interested parties, and evaluation and recommendations by staff; and
WHEREAS, the Planning Commission has considered the draft Mitigated Negative
Declaration of environmental impact as prepared by staff;
BE IT RESOLVED, by the Planning Commission of the City of San Luis Obispo as
follows:
SECTION 1. Findings.
1. The Planning Commission finds and determines that the project's mitigated Negative
Declaration adequately addresses the potential environmental impacts of the proposed
project, and reflects the independent judgment of the Commission.
2. The proposed rezoning is consistent with General Plan Land Use Element policies
regarding Commercial zoning, which place a priority on maintaining areas for auto sales
uses within the vicinity.
3. The existing property is not conducive to large scale tourist serving development since it
is a very small site at the edge of the C-S district adjacent to existing retail and service
uses.
4. This project site is subject to several criteria which clearly necessitate an overlay zone in
order to ensure adequate review. The S overlay will allow the property to be zoned
consistently with adjacent properties since adjacent C-S properties currently contain an S
overlay zone. The following conditions warrant the S overlay zone:
a. The property is within a 100-year flood zone.
b. Los Osos Valley Road is recognized as a road of high scenic value as cited within the
General Plan Circulation Element. .
c. As discussed in the General Plan analysis above, the Commercial Service parcels
within this vicinity are designated for auto sales and discretionary review should be
• Resolution No.5417-05
Attachment 3
12398 Los Osos Valley Road
Page 2
required for new land uses in order to ensure that a shortage of land for auto sales uses
will not occur.
d. Planned improvements for Calle Joaquin at this location include a new four-way
intersection and a traffic signal, therefore new development should be reviewed
accordingly.
e. Changes in occupancy will trigger the removal.of gas station associated infrastructure
and may require additional soils analysis and architectural review.
SECTION 2. Action..
The Commission hereby recommends adoption of said Mitigated Negative Declaration and
approval of the request (GP/R/ER 19-05) for a General Plan amendment and rezoning, as shown
on attached Exhibit A with incorporation of the following mitigation measures and project
conditions into the project:
Mitigation Measures:
1. Prior to occupancy of the site by uses other than the sale of gasoline, the existing fuel
pumps, islands, signs and fuel island canopy shall be removed from the site.
Monitoring Program:
Changes in use or occupancy shall require an Administrative Use Permit as part of the
"S" overlay requirement as listed in mitigation measure 5. The Use Permit review shall
contain conditions of approval to ensure implementation of mitigation measure 1. A
construction permit shall be required to perform the required work.
2. Removal of all gasoline dispensing facilities, including pumps, plumbing, underground
tanks, and all associated infrastructure shall occur prior to occupancy of land uses other
than the gasoline sales.
Monitoring Program:
Changes in use or occupancy shall require an Administrative Use Permit as part of the
"S" overlay requirement as listed in mitigation measure 5. The Use Permit review shall
contain conditions of approval to ensure implementation of mitigation measure 2. A
construction permit shall be required to perform the required work.
3. Removal of gasoline dispensing features shall require demolition permits from the City of
San Luis Obispo and the County of San Luis Obispo Environmental Health Division.
Monitoring Program:
Construction permits for demolition of gasoline dispensing facilities shall be reviewed by
the County Environmental Health Division prior to submittal of a construction permit to
the City. Proof of County review and approval shall be submitted to the City with the
required demolition permit.
4. If the gas station use is to be abandoned, the soils at the site shall be evaluated by a
professional who is qualified to evaluate environmental hazards such as gasoline or
MTBE products. A report shall clarify any steps necessary to remediate the site and shall
be submitted to the County and the City as part of the demolition requirements. Any
necessary remediation shall be completed prior to occupancy of the site.
Monitoring Program: n
Attachment 3
Resolution No.5417-05
12398 Los Osos Valley Road
Page 3
Prior to final inspection of the demolition activities, a soils analysis report prepared by a
qualified professional shall be submitted to the City. Any required remediation work
shall be completed prior to a final inspection and approval of the City demolition permit.
5. As part of the re-zoning of the property a Special Considerations "S" overlay zone shall
be applied to the property consistent with Chapter 17.56 of the Zoning Regulations. The
S overlay designation will ensure future land use compatibility with the site specifically
related to the following site constraints:
a. "A" flood zone as designated on FEMA maps for this property.
b. General Plan conformance with Auto Park area automotive related uses.
c. Development on a road of"High Scenic Value". .
d. Review of new uses for compatibility with proposed road improvements for Calle
Joaquin and Los Osos Valley Road.
e. Review of adequate removal of remnant service station infrastructure
Monitoring Program:
The S overlay shall be recorded onto the City Zoning Map with the change of zoning
from C-T to C-S, with the new Zoning to be C-S-S. A copy of the special considerations
(a through e) for the site shall be placed into the property address file, the GIS
information database and into the City S overlay folder maintained by the Community
Development Department.
Conditions:
1. Exterior site changes or construction shall be subject to architectural review to
ensure consistency with the City's Community Design Guidelines, and Circulation
Element Scenic Roadway policies.
2. Any substantial change to the existing use or any new use at the site shall be subject
to review and approval of an Administrative Use Permit.
3. No storage or sale of vehicles associated with the auto sales uses shall be allowed at
the property prior to a formal occupancy change request and completion of
applicable conditions and mitigation measures.
On motion by Commissioner Aiken, seconded by Commissioner Loh, and on the following roll
call vote:
AYES:Aiken, Loh,Carter,Miller,Osborne, Boswell
NOES:
REFRAIN:
ABSENT:
The foregoing.resolution was passed and adopted this day of April 20, 2005.
on Wh senand eeretary
Pl Hing Commi ion
3-�
Attachment 4
SAN LUIS OBISPO
PLANNING COMMISSION MINUTES
April 13, 2005
CALL TO ORDER/PLEDGE OF ALLEGIANCE:
The San Luis Obispo Planning Commission was called to order at 7:00 p.m. on
Wednesday, April 13, 2005, in the Council Chamber of City Hall, 990 Palm Street, San
Luis Obispo.
ROLL CALL:
Present: Commrs. Andrea Miller, Orval Osborne, Alice Loh, Jim Aiken, Andrew
Carter, and Vice-Chair Michael Boswell
Absent: Commr. Cadyn Christianson
Staff: Community Development Director John Mandeville, Deputy Community
Development Director Michael Draze, Associate Planners Michael Codron
and Phil Dunsmore, Assistant City Attorney Christine Dietrick, and
Recording Secretary Kim Main
SWEARING IN: Andrew Carter was sworn in as the new Planning Commissioner and
joined the Commission for the remainder of the meeting
ACCEPTANCE OF THE AGENDA
The agenda was accepted as presented.
APPROVAL OF THE MINUTES:
The minutes of March 9 and March 23, 2005 were approved as submitted.
PUBLIC COMMENTS ON NON-AGENDA ITEMS
Jodee Bennett representing ECOSLO requested that the Planning Commission defer
the April 27th hearing on the Conservation Open Space Element to May 11, 2005, and
also to defer the discussion of Natural Communities in the COSE to the same meeting
as the discussion of open space.
PUBLIC HEARING ITEMS:
1. 12398 Los Osos Valley Road. GP/R and ER 19-05: Request to amend the General
Plan and zoning map from C-T to C-S-S, and environmental review; C-T zone; John
S. Frangie, applicant. (Phil Dunsmore)
Associate Planner Phil Dunsmore presented the staff report recommending that the
Commission recommend the City Council amend the General Plan Land Use Element
map land use designation from Tourist-Commercial to Service and Manufacturing;
3 ,9 l
. .) Attachment 4
Planning Commission Minutes
April 13, 2005
Page 2
approve a Mitigated Negative Declaration of environmental impact; and amend the
Zoning Map from (C-T) Tourist-Commercial to (C-S-S) Service-Commercial with Special
Considerations overlay zone.
PUBLIC COMMENTS:
There were no comments made from the public.
COMMISSION COMMENTS:
On motion by Commr. Aiken to approve the staff recommendation. Seconded by
Commr. Loh.
AYES: Commrs. Boswell, Caruso, Aiken, Miller, Loh, Carter, and Osborne
NOES: None
ABSENT: Commr. Christianson
ABSTAIN: None
The motion carried on a 6 0 vote.
2. Airport Area. SP 116-98: Review of the draft Airport Area Specific Plan, a planning
document that would establish policies and standards for development,
conservation, utilities and public facilities financing for 1000 acres of land along the
City's southern limits; City of San Luis Obispo, applicant. (Michael Codron)
(Continued from March 9, 2005)
Associate Planner Michael Codron presented the staff report recommending that the
Commission recommend that the .City Council take the following actions: 1) Adopt
findings for Significant Environmental Effects, Finding of Overriding Consideration, and
a Mitigation Measure Monitoring Plan for the Airport Area Specific Plan, consistent with
the Airport Area and Margarita Area Specific Plans and Related Facilities Master Plans
Final EIR; 2) Adopt the Airport Area Specific Plan, based on findings; 3) Approve
General Plan Land Use Element Map amendments implementing the Airport Area
Specific Plan; and 4) Introduce an ordinance to rezone properties within the existing
City limits that are within the Specific Plan area, and pre-zone properties within the
planning area to establish their zoning upon annexation.
PUBLIC COMMENTS:
Michael Sullivan, 1121 Seaward Street asked for clarification of items on pages 3 and 5
of the staff report, and submitted written comments to the Commission.
Andrew Merriam, Cannon Associates, commented on the parking and land use matrix.
He requested changes to the matrix for several specific uses.
John Wallace, SLO property owner, asked for clarification of where architects and
engineers offices are allowed.
3 - � �
Attachment 5
it
CITY OF SAN LUIS OBISPO
PLANNING COMMISSION AGENDA REPORT ITEM#I
BY: Philip Dunsmore, Associate Planner(781-7522) MEETING DATE: April 13,2005
FROM: Ronald Whisenand, Deputy Director-Development Revi6l
FILE NUMBER: GP/R/ER 19-05
PROJECT ADDRESS: 12398 Los Osos Valley Road
SUBJECT: General Plan Amendment and Rezone to change the property's designation from
Tourist Commercial (C-T) to Services and Manufacturing (C-S-S) for the existing fuel station at.
12398 Los Osos Valley Road. .
RECOMMENDATION
Adopt the attached Planning Commission resolution which recommends that the City Council:
1. Approve a resolution amending the General Plan Land Use Element map to change the
land use designation for the site from Tourist Commercial to Services and Manufacturing
and approving a Mitigated Negative Declaration (ER 19-05).
2. Adopt an ordinance changing the zoning on the subject property from Tourist-
Commercial (C-T) to Service-Commercial with Special Considerations overlay zone (C-
S-S).
BACKGROUND
Situation
The applicant would like to change the current C-T zoning to C-S in order to allow the adjacent
property owner (Toyota) to expand the auto sales facility onto the site. The existing site is
currently utilized for a retail fueling station operated by Shell Oil. The C-T district does not
allow auto sales; however the C-S district allows auto sales. Plans to remodel the site to allow
auto sales are proposed in the future and will be subject to Architectural Review.
Data Summary
Address: 12398 Los Osos Valley Road
Applicant: John S. Frangie
Zoning: Tourist Commercial (C-T)
General Plan: Tourist Commercial
Environmental status: A Mitigated Negative Declaration has been prepared (ER 19-05)
Attachment 5
GP/R 19-05
12398 Los Osos Valley Road
Page 2
Site Description
The subject parcel is a 38,810 square foot lot located at the corner of Los Osos Valley Road and
Calle Joaquin. The site currently contains a small convenience store with fuel islands and is
substantially paved in asphalt. The adjacent property to the north contains the existing Toyota
dealership while an insurance business � x�v--
(Auto Club) occupies the property to the i. r ° A
east. A convenience store and fuel station
occupies the property across the street to
the south while properties to the west
across Los Osos Valley Road are currently � ' �' . y - �•
vacant and outside the City limits. Current _Nrk
plans for the vicinity include the re- ' O
NO
alignment of Calle Joaquin on the N �/ C-T C�T
southwest side of Los Osos Valle Road to G r' Proposed '
Valley y -� C-S-S
create a signalized 4-way intersection at t, ;
this location. The alignment of Calle
Joaquin as it fronts the subject property
would not change. : ,
1,
Proiect Description
The applicant is proposing a General Plan Land Use Element map amendment and a rezoning for
the C-T property at the comer of Los Osos Valley Road and Calle Joaquin as illustrated in the
exhibit above. The purpose of the rezoning is to allow Toyota to expand the adjacent auto sales
use onto the property. No formal plans to perform the change in occupancy are included with
this application. The change in zoning from C-T to C-S would not cause the existing gas station
to become non-conforming since gas stations are a conditionally allowed use within the C-S
district.
EVALUATION
General Plan Consistency
The following paragraphs evaluate the merits of the proposed Rezoning and General Plan
Amendment for consistency with the General Plan. The General Plan policy is in italics followed
by a staff response.
General Plan Land Use Element, General Plan Digest
LU 3.1.2:Locations for Regional Attractions
The City should focus its retailing with regional draw in the locations of downtown,
the area around the intersection of Madonna Road and Highway 101 and the area
around Highway 101 and Los Osos Valley Road.
~J Attachment 5
GP/R 19-05
12398 Los Osos Valley Road
Page 3
Staff response: Auto sales are considered a regional retail use, and as the General Plan
Policy specifically implies,regional serving retail uses are appropriate at this location. Since
the property is too small and too close to other auto oriented uses and a major arterial
roadway, tourist serving uses such as a hotel, motel or restaurant may not be appropriate at
this location. The expansion of the Auto sales facility meets General Plan Policy 3.1.2.
LU 3.6.7: Vehicle Sales
Auto Park Way: The City intends to create
around Auto Park Way an easily accessible
and attractive auto sales and service
center. The City will reserve about SO
acres total for vehicle sales in this area,
including the areas shown in figure 3. (This
amount is expected to be sufficient for
relocation of dealerships located elsewhere
in the City, plus expansion of dealerships
in proportion to projected County
population growth.) The areas shown for
vehicle sales should be reserved for that
use at least until the anticipated year 2004
update of this element, when the amount of
reserved land may be reconsidered. Subject site
General Plan Figure 3: Auto sales area at
Los Osos Valley Road and Highway 101
Staff response: Currently, the demand for auto dealerships exceeds the amount of land
available within the Auto Park vicinity. Auto dealerships are beginning to look to other
locations to locate and expand their business (i.e. Cole Motors and Smith Volvo on Broad
Street). Since the proposed expansion site for Toyota is immediately adjacent to the
properties recognized in figure 3, it is appropriate to consider that the zone change meets the
intent of General Plan Policy 3.6.7. As mentioned above, the property is likely to be too
small to accommodate most tourist serving uses and is a reasonable location for auto sales.
General Plan Circulation Element, General Plan Digest
CI 14.3:Development Along Scenic Roadways
Development along scenic roadways should not block views or detract from the quality of
views.
A) Projects in the viewshed of a scenic roadway should be considered as "sensitive" and
require architectural review.
B) Development projects should not wall off scenic roadways and block views.
3- 13
Attachment 5
GP/R 19-05
12398 Los Osos Valley Road
Page 4
C) As part of the city's environmental review process, blocking of views along scenic
roadways should be considered a significant environmental impact.
D)Signs along scenic roadways should not clutter vistas or views.
E) Street lights should be low scale and focus light at intersections where it is most
needed. Tall light standards should be avoided. Street lighting should be integrated with
other street furniture at locations where views are least disturbed. However, safety
priorities should remain superior to scenic concerns.
Staff resgonse: Los Osos Valley Road at Calle Joaquin is considered a road of "High Scenic
Value" as designated on the Scenic Roadways Map, Figure 6 of the General Plan Circulation
Element. As discussed in the policy text above, projects within the viewshed of a scenic roadway
should be considered as "sensitive" and require architectural review. A change in the General
Plan Land Use category from Tourist Commercial to Service Commercial will not directly
impact the viewshed, however a change in occupancy or a new development project at the site
could change the viewshed. As discussed below, changes in occupancy should be carefully
reviewed to ensure that a new occupancy of the site does not interfere with the scenic corridor.
New projects will need to comply with General Plan Policy CI 14.3 and with, the City's
Community Design Guidelines.
"S"overlay.Zone
The "S" or "Special Considerations" overlay zone can be applied as an overlay to any zoning
district to ensure adequate review in areas with flood hazards, noise exposure or to protect areas
of scenic value. The S overlay is intended to assure compatibility of a new use with its
surroundings or to determine if a proposed development solves existing site problems. The S
overlay zone requires discretionary review in the form of an Administrative Use Permit to allow
new uses on the site or to review substantial changes to existing uses.
This project site is subject to several criteria which clearly necessitate an overlay zone in order to
ensure adequate review. The following conditions warrant the S overlay zone:
a. The property is within a 100-year flood zone.
b. Los Osos Valley Road is recognized as a road of high scenic value as cited within the
General Plan Circulation Element.
c. As discussed in the General Plan analysis above, the Commercial Service parcels within
this vicinity are designated for auto sales and discretionary review should be required for
new land uses in order to ensure that a shortage of land for auto sales uses will not occur.
d. Planned improvements for Calle Joaquin at this location include a new four-way
intersection and a traffic signal, therefore new development should be reviewed
accordingly.
e. Changes in occupancy will trigger the removal of gas station associated infrastructure and
may require additional soils analysis and architectural review.
The S overlay will allow the property to be zoned consistently with adjacent properties since
adjacent C-S properties currently contain an S overlay zone. Proposed mitigation measures (see
_, • Attachment 5
GP/R 19-05
12398 Los Osos Valley Road
Page 5
Attachment 3, Initial Study) require the S overlay zone to be applied with the re-zone from C-T
to C-S. The S zone would become an effective implementation tool to ensure adequate review of
this important site in the future.
Existing and future use
This application to rezone the property would still allow for the continued operation and future
remodel of the existing land use, a Shell gas station. If the site were to remain C-T, the existing
land use could still remain as a conforming use; however any expansion of auto sales would be
prohibited at this location. Both the C-S and C-T districts contain similar property development
standards and rezoning the property would not necessarily restrict buildout or encourage more
intensive development.
The intention of the rezone is to allow the applicant to expand the existing auto sales use and
abandon the gas station use. If the City Council ultimately decides to amend the Land Use Map
and zoning; the applicant would have to apply for a Use Permit and submit an application for
architectural review prior to expanding the auto sales use onto the property or performing other
occupancy changes. As recommended in the draft Initial Study, the project mitigation measures
will require removal of all gas'station relatedinfrastructure prior to changing the occupancy.
OTHER.DEPARTMENT AND AGENCY COMMENTS
Public Works: Public Works has no specific concerns regarding the General Plan Amendment,
however the department would be analyzing any specific future development for compliance
with transportation and street standards. The proposed rezoning will have negligible effect on
traffic generation since the current use generates a higher volume of traffic than the proposed
auto sales use. Changes to the development plan at this site in the future will be reviewed for
compliance with the City's Parking and Driveway Standards and the Zoning Regulations
Property Development Standards. Driveway ramps may be required to be abandoned and
reconstructed with new sidewalks following the abandonment of the gas station use.
ALTERNATIVES
1. Approve a resolution recommending that the City Council deny the proposed rezoning,
based on findings of inconsistency with the General Plan as specified by the Planning
Commission.
2. Continue review of the rezoning with specific direction to the applicant and staff.
Attached:
1. Vicinity Map
2. Applicant's statement and project description
3. Initial Study (ER 19-05)
4. Resolution for approval
3 - Is�
Attachment 6
INITIAL STUDY
ENVIRONMENTAL NTAL CHECKLIST FORM
For ER# 19-05
1. Project Title: General Plan Amendment and Rezone for 12398 Los Osos Valley Road
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:
Philip Dunmore, Associate Planner(805) 781-7522
4. Project Location:
12398 Los Osos Valley Road
5. Project Sponsor's Name and Address:
John S. Frangie
6. General Plan Designation:
Tourist Commercial
7. Zoning:
Tourist Commercial (C-T)
8. Description of the Project:
General Plan Amendment and Rezone to change the property's General Plan designation from
Commercial Tourist (CT) to Services and Manufacturing. The zoning would become Service
Commercial (C-S) with a special considerations (S) overlay zone to accommodate future
expansion of the Toyota Vehicle sales lot on an adjacent property. No physical site changes are
proposed as part of this application at this time.
9. Surrounding Land Uses and Settings:
The subject parcel is a 38,810 square foot lot located at the corner of Los Osos Valley Road and
Calle Joaquin. The site is completely developed and is currently utilized as a retail fueling
station. The site contains a.small convenience store, fuel islands and a canopy. Underground fuel
tanks and associated plumbing are currently in active use. The site is at.the boundary of the C-T
district and the C-S district. Properties to the north are zoned C-S-S and utilized for auto sales
uses, while properties to the east (on Calle Joaquin) are zoned C-T. Adjacent properties on Calle
Joaquin contain an insurance office and.a variety of visitor serving uses such as restaurants and a
motel. The property across the street to the south contain an existing fuel station and
� _ � Lp
convenience store. The entire property is within an "A" flood zone as recognized on City
maintained flood zone maps.
10. Project:Entitlements Requested:
The project proposes the following:
1. General Plan Amendment to change the Land Use from Commercial Tourist to Services and
Manufacturing.
2. Zone Map Change to change the zoning from C-T to C-S-S (Service Commercial Special
Considerations).
11. Other public agencies whose approval is.required:
None
CITY OF SAN Luis OBISPO 2 WAL STUDY ENVIRONMENTAL CHEc"T 2005
Attachinant 6
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.
v Aesthetics Geology/Soils Public Services
X
Agricultural Resources Hazards&Hazardous Recreation
Materials_ _.
Air Quality Hydrology/Water Quality Transportation&Traffic
Biological Resources Land Use and Planning Utilities and Service
Systems
Cultural Resources Noise Mandatory Findings of
Significance
# 1T 11yrv=y
Energy and Mineral Population and Housing ,
Resources �-x42-- � =Ell11. ,
i
FISH AND GAME FEES
X 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.
STATE CLEARINGHOUSE
This environmental document must be submitted to the State Clearinghouse for review by one or more
State agencies (e.g. Cal Trans; California Department of Fish and Game, Department of Housing and
Community Development). The public review period shall not be less than 30 days (CEQA Guidelines
15073(a)).
3- fg
Crrr OF SAN Luts Omspo 3 INITIAL STUDY ENVIRONMENTAL CkEmsT 2005
j
Atfiachinant 6
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, X
there will 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
I 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 BIR
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.
ipa Date
For:.John Mandeville,
Printed Name Community Development Director
CRY OF SAN LUIS OBISPO 4 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2005
Attachment 6
EVALUATION OF ENVIRONMENTAL IMPACTS:
L 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 Code of
Regulations. 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.
3 �rO
C rY OF SAN LUIS OnISPO 5 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2005
tAuacninant 6
Issues, Discussion and Supporting Information Sources Sources Potawally otentiany Less Than No
John S.Frangie GP/R 19-05 SignifiIssucant Significant Significant Impact
ER# 19-05 Mitigation
rncorated
1.AESTHETICS. Would theproject:
a) Have a substantial adverse effect on a scenic vista? X
b) Substantially damage scenic resources,including,but not limited i-X
to,trees,rock outcroppings,open space,and historic buildings
within a local or state scenic highway?
c) Substantially degrade the existing visual character or quality of -X:
the site and its surroundings?
d) Create a new source of substantial light or glare which would
adversely effect day or nighttime views in the area?
Evaluation
Los Osos Valley Road is considered a road of "High Scenic Value" at this location as designated within the
City's General Plan Circulation Element. Changing the General Plan designation and Zoning Map may not
directly contribute to changes to the scenic value of this location since the C-T and C-S districts allow very
similar building envelopes. Impacts to the scenic value of the roadway could occur, however, from site plan
changes, increased building height, lot coverage or new lighting. This application does not provide for any
development plan changes; however the property owners will ultimately change the use of the property and
therefore modify the existing improvements of the site. Mitigation is necessary in order to guide the development
of the property in the future and eliminate potential visual impacts to the scenic roadway.
Conclusion
A logical mitigation treasure to ensure the appropriate review of uses in the future is to require an"S" or Special
Considerations Overlay Zone for the property. This is discussed in greater detail in the Land Use and Planning
section, (Section 10) below. Other mitigation measures are necessary to ensure appropriate treatment of fuel
sales related structures when and if the fuel sales use is abandoned.
Mitigation Measures
1. Prior to occupancy of the site by uses other than the sale of gasoline, the existing fuel pumps, islands, signs
and fuel island canopy shall be removed from the site.
2.AGRICULTURE RESOURCES. Would theproject:
a) Convert Prime Farmland,Unique Farmland,or Farmland 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 -
Williamson Act contract?
c) Involve other changes in the existing environment which,due to
their location or nature,could result in conversion of Farmland
to non-agricultural use?
Evaluation
The existing site and vicinity is not considered prime farmland nor is it recognized as prime farmland as shown
on maps pursuant to the California Resources Agency. The property is a small, completely developed site
currently identified as Tourist Commercial property in the General plan and currently surrounded by developed
commercial properties and public streets. No impacts to existing on site or off site agricultural resources are
anticipated with a general plan amendment and zoning re-classification of the project site.
Crry of SAN Luis OBtsPo 6 INmAL STuOY ENviRONMtMAL CHECIO.IST 2005
Attacrllnent 6
Issues, Discussion and Supporting Infuimation Sources sources poi °�suy Potentially Less Than No
John S.Fran a GP/R 19-OS Significant Significant Significant Impact
Issues Unless Impact
ER# 19-05 Mitigation
Incorporated
Conclusion
No impacts to agricultural resources are anticipated.
3. AIR QUALM. Would theproject:
a) Violate any air quality standard or contribute substantially to an c?�-
existing or projected air quality violation?
b) Conflict with or obstruct implementation of the applicable air
quality per?
c) Expose sensitive receptors to substantial pollutant --X-
concentrations?
d) Create objectionable odors affecting a substantial number of —X
people?
e) Result in a cumulatively considerable net increase of any criteria —X—
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)?
Evaluation
The purpose of this environmental review is to analyze a land use and zone change classification of this property
only. No plans are currently proposed for development or re-development of the subject property. Impacts from
future development, including but not limited to demolition or remodel of the existing structure, has the potential
to create dust and vehicle emissions that may exceed air quality standards for a temporary and intermittent
periods. Such impacts would be reviewed upon receipt of plans to re-develop the site and will be subject to
normal air quality conditions for demolition and construction.
Conclusion
The proposed re-zoning would allow the existing use to remain in a conforming status and therefore is anticipated
to create no impacts to air quality. In addition, future C-S uses would have similar or lesser number of auto trips
to and from the site. Construction or demolition activities are not currently proposed. If the gas station use is
modified to a retail sales use in the future,the potential for air quality impacts will be greatly reduced.
4. BIOLOGICAL RESOURCES. Would theproject:
a) Have a substantial adverse effect,either directly or 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 or --X--
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 resident -X-
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 Conservation
Plan Natural Community Conservation Plan,_or_other approved
CITY OF SAN LUIS OBISPO
7 INITIAL STUDY ENVIRONMENTAL CNEcKusT 2005
Attachment 6
Issues, Discussion and Supporting into,.. ation Sources sources Pote._-_ply )ote—ni y Irss Than No
John S.Frangie GP/R 19-OS Significant Significant Significant Impact
Issues Unless on Impact
ER# 19-05 M
Incorporated
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,veinal pools,etc.)
through direct removal,filling,hydrological interruption,or
other means?
Evaluation
The project site consists of a developed gas station business, surrounded by developed properties and paved
roadways,and does not contain nor is it directly adjacent to any known habitat areas.
Conclusion
No impacts to Biological resources are anticipated.
5.CULTURAL RESOURCES. Would theproject:
a) Cause a substantial adverse change in the significance of.aX-;
historic resource?(See CEQA Guidelines 150645)
b) Cause a substantial adverse change in the significance of an X.-..
archaeological resource?(See CEQA Guidelines 150645)
c) Directly or indirectly destroy a unique paleontological resource -X
or site or unique geologic feature?
d) Disturb any human remains,including those interred outside of -X-
formal cemeteries?
Evaluation
The property does not contain any known historic resources or former historic structures. The site is
substantially covered with existing improvements including asphalt driveways, a service station building, and a
fuel island canopy that was constructed in the 1980's. No known archeological sites exist on or adjacent to the
project site. A search of City maps and archeological sites has not revealed any known pre-historic or historic
site history. No known paleontological sites exist within the project site or vicinity. At this time no
construction,grading activities or site changes are proposed.
Conclusion
No impacts to Cultural Resources are anticipated.
6. ENERGY AND MINERAL RESOURCES. Would theproject:
a) Conflict with adopted energy conservation plans? `r-X-4
b) Use non-renewable resources in a wasteful and inefficient X--;
manner?
c) Result in the loss of availability of a known mineral.resource
that would be of value to the region and the residents of the
State?
Evaluation
No known mineral resources are known to the project site or immediate vicinity. A change in land use from
tourist service uses to service commercial rises does not substantially modify the development potential of a lot of
this size.
Conclusion
No impacts to energy and mineral resources are anticipated.
7. GEOLOGY AND SOILS. Would theproject:
CrrY OF SAN LUIS OBISPO 8 INmAL STUDY ENVIRONMENTAL CNECKUST 2005
Anacninent 6
Issues, Discussion and Supporting Infoi ination Sources Sources Pote.,.,atly /Potentially Ims Than No
John S.Frangie GP/R 19-OS significant Significant Significant impact
Issues Unless Impact
ER# 19-05 Mitigation
Inconxnated
a) Expose people or structures to potential substantial adverse - 4:1,
effects,including risk of loss,injury or death involving:
L 'Rupture of a known earthquake fault,as delineated in 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 fault?
U. Strong seismic ground shaking? X-
III. Seismic-related ground failure,including liquefaction? r X
IV. Landslides or mudflows? X-j
b) Result in substantial soil erosion or the loss of topsoil? —x
c) Be located on a geologic unit or soil that is unstable,or that -X-�
would become unstable as a result of the project,and potentially
resuh'in on or off site landslides,lateral spreading,subsidence,
liquefaction,or collapse?
d) Be located on expansive soil,as defined in Table 18-1-B of the X=
Uniform Building Code(1994),creating substantial risks to life
orproperty?
Evaluation
There are no known fault lines on the site or in the immediate vicinity. However,there are active faults within 5
miles north of the project area. The fault system is within the Los Osos Valley area and is known as the Los
Osos/Hosgri fault. The City of San Luis Obispo is in Seismic Zone 4, a seismically active region of California
and strong ground shaking should be expected during the life of proposed structures.Structures must be designed
in compliance with seismic design criteria established in the Uniform Building Code. If construction is proposed
in the future,the City's construction permit process insures compliance with the Uniform Building Code.
The project is not likely to result in the loss of topsoil or substantial erosion since the project does not involve the
grading of slopes or existing site topography.
Moderately expansive soils are common in the project vicinity. All new construction will require a City building
permit,and therefore require construction that will meet or exceed building code standards for these soils.
As proposed, the project to amend the land use map to allow a change in the land use is not likely to create
significant impacts to area geology or soils.
Conclusion
Less than significant impacts to geology or soils is anticipated.
8. HAZARDS AND HAZARDOUS MATERIALS. Would the ro'ect:
a) Create a significant hazard to the public or the environment =-X
through the routine use,transport or disposal of hazardous
materials?
b) Create a significant hazard to the public or the environment -X
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 hazardous -x
emissions or hazardous or aeutely hazardous materials
City OF SAN Luis OBISPo 9 INITIAL STUDy ENVIRONMENTAL CNECKusT 2005
Affachl nent 6
Issues, Discussion and SupportingInft„.hation Sources sources Potn"Uauy Potentially Less Than No
John S.Frangie GP/R 19-05 significant Significant Significant Impact
Issues Impact
ER #19-05 Mitigation
Incorpotated
substances,or waste?
e) Be located on a site which is included on a list of hazardous X
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 within rX-_'.
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,injury, ?{
or death,involving wildland fires,including where wildlands are
adjacent to urbanized areas or where residents are intermixed
with wildlands?
Evaluation
The project involves a land use change, and the potential modification of a gas station to an auto sales lot. If the
existing gas station use is abandoned,than removal of the existing underground fuel storage tanks,remediation of
any potential soil contamination, and removal of any associated plumbing, would be required. Removal and
remediation of these features would require permits from the County of San Luis Obispo's Environmental Health
Division. The permit process is designed to eliminate the release of hazardous materials (gasoline) into the
environment. Mitigation measures are necessary to ensure that the appropriate measures are taken to remove all
gasoline associated tanks,fixtures,and plumbing from the site prior to utilizing the site for other uses.
Conclusion
Land use changes will trigger the need to remove gasoline dispensing infrastructure, therefore having the
potential to release hazardous materials unless the following mitigation measures are incorporated:
Miti ag tion
1. Removal of all gasoline dispensing facilities, including pumps, plumbing, underground tanks, and all
associated infrastructure shall occur prior to occupancy of land uses other than the gasoline sales.
2. Removal of gasoline dispensing features shall require construction permits from the City of San Luis
Obispo and the County of San Luis Obispo Environmental Health Division.
3. If the gas station use is to be abandoned, the soils at the site shall be evaluated by a professional who is
qualified to evaluate environmental hazards such as gasoline or MTBE products. A report shall clarify
any steps necessary to remediate the site and shall be submitted to the County and the City as part of the
demolition requirements. Any necessary remediation shall be completed prior to occupancy of the site.
9. HYDROLOGY AND WATER QUALITY. Would the reject:
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(e.g.The production rate of pre-existing
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 -=
C
apacity of existing or planned storm water drainage systems or
rovide additional sources of runoff into surface waters
Ctnr of SAN L.uts OeisPo 10 INmAL STUDY ENVIRONMENTAL CHECKLIST 2005
_,_ AftachInent s
Issues, Discussion and Supporting Irnu,mation Sources Sources Poto....all) Potentially Less Than No
john S.Frangie GP/R 19-OS Significant Significant Significant Impact
ER# 19-05 issues Mlle ati Impact
gation
Incorporated
(including,but not limited to,wetlands,riparian areas,ponds,
springs,creeks,streams,rivers,lakes,estuaries,tidal areas,bays,
Oman,etc.)?
d) Substantially alter the existing drainage pattern of the site 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 orX}
area in a manner which would result in substantial flooding
onsite or offsite?
f) Place housing within a 100-year flood hazard area as mapped on -3t-
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) Will the project introduce typical storm water pollutants into -X--
ground or surface waters?.
i) Will the project alter ground water or surface water quality,
temperature,dissolved oxygen,or turbidity?
Evaluation
The project site is within an "A" flood zone as identified on City maintained flood maps. "A" flood zones are
considered areas subject to some level of flooding during a 100 year storm event. A change in land use is not
likely to create additional impacts to (or from) the flood zone. In this case a land use change will not allow a
larger building envelope or intensified site development other than what is currently allowed under the existing
district. The existing gas station site is proposed to be utilized for vehicle sales and is therefore likely to reduce
impacts to the flood zone on this existing developed site.
If new construction is proposed in the future, the project will be required to utilize Best Management Practices in
handling site drainage and runoff. The building code and City Policies will require the project's drainage to be
directed towards the Public Right of Way in order to eliminate the potential for cross lot drainage and off-site
impacts. As discussed in the Land Use and Planning section below an "S"overlay will be applied to the property
to ensure appropriate review of any new uses or development at the property to avoid conflicts with the flood
zone.
Mitigation:See Land Use and Planning section below.
10. LAND USE AND PLANNING. Would theproject:
a) Conflict with applicable land use plan, policy,or regulation of =X-
an agency with jurisdiction over the project adopted for the
purpose of avoiding or mitigating an environmental effect?
b) Physically divide an established community? i--X-'
c) Conflict with any applicable habitat conservation plan or natural
community conservationplans?
Evaluation
The proposal involves changing the Land Use designation of the property to allow auto sales on property
currently reserved for tourist serving uses. The existing land use, a service station, is allowed within both the
existing and proposed land use categories. The proposed use, auto sales, is not allowed within the existing land
use district but would be allowed if the property is changed to Services and Manufacturing(Service Commercial
would be the zoning district).
The predominant land use within the vicinity is auto sales and the General Plan Land Use Element encourages
co
Crry OF SAN LUIS OawS o 11 INMAL STUDY ENVIRONMENTAL CHEcKusT 2005
Aftachinent s
Issues, Discussion and Supportil., tnfLration Sources Sources Pot, AY otentially Less Than No
John S.Fran a GP/R 19 05 Significant Significant Significant Impact
Issues Unless Impact
ER# 19-05 Mitigation
Incorporated
auto sales uses to be located in this area. Adjacent parcels are zoned with a Special Considerations (S) overlay
zone to ensure that new land uses will not create a shortage of land for auto sales uses. The S overlay requires an
Administrative Use Permit prior to any new use or change in occupancy within an existing space. The S overlay
zone is also intended to assure compatibility of a new use with its surroundings or to determine if a proposed
development solves problems such as flood hazards, noise exposure or to protect areas of scenic value. The
subject property is within a 100-year flood zone and is on an arterial roadway that is recognized in the City's
Circulation Element as a road of high scenic value. Additionally, the intersection of Calle Joaquin and Los Osos
Valley Road is proposed to be signalized and the alignment of the roadway will be modified to handle a greater
volume of traffic.
Conclusion
Changes in use at this site will require careful consideration in the future to ensure compatibility with the flood
zone, the scenic roadway, proposed road improvements, and the General Plan policy that encourages automotive
sales related uses to be located here. Re-zoning the property with an "S" overlay will require new uses at the
property to be reviewed for known site-specific concerns. The S overlay will allow the property to be zoned
consistently with adjacent properties since adjacent C-S properties currently contain an S overlay in order to be
reviewed for the same concerns. The S overlay will require discretionary review in the form of an Administrative
Use Permit to allow new uses on the site or substantial changes to existing uses.
Mitigation Measure: Land Use and Planning
1. As part of the re-zoning of the property a Special Considerations "S"overlay zone shall be applied to the
property consistent with Chapter 17.56 of the Zoning Regulations. The S overlay designation will ensure
future land use compatibility with the site specifically related to the following site constraints:
a. "A"flood zone as designated on FEMA maps for this property.
b. General Plan conformance with Auto Park area automotive related uses.
c. Development on a road of"High Scenic Value".
d. Review of new uses for compatibility with proposed road improvements for Calle Joaquin and
Los Osos Valley Road.
e. Review of adequate removal of remnant service station infrastructure.
11.NOISE. Would the project result in:
a) Exposure of people to or generation of"unacceptable"noise _X—
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 in _X_
ambient noise levels in the project vicinity above levels existing
without the project?
c) Exposure of persons to or generation of excessive groundborne
vibration or groundborne noise levels?
d) For a project located within an airport land use plan,or within -X 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?
Evaluation
A change in the land use designation from tourist serving uses to service commercial uses is not anticipated to
generate noise impacts or increases in exiting ambient noise levels.
Conclusion
CnY OF SAN LUIS OBISPO 12 INITIAL STuDV ENVIRONMENTAL CHECKLIST 2005
Attachment 6
Issues, Discussion and Supporting Intt..mation Sources Sources Potwaally Potentially Less Than No
John S.Ftangie GP/R 19-OS Significant Significant Significant Impact
ER# 19-05 Issues unless Impact
Mitigation
Incorporated
No impacts associated with noise exposure to people are anticipated to occur with the proposed project.
12. POPULATION AND HOUSING. Would theproject:
a) Induce substantial population growth in an area, either directly =X-
(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 people —X—
necessitating the construction of replacement housing
elsewhere?
Evaluation
The proposed project will amend the City's General Plan, changing the site from a tourist serving land use to a
commercial service land use, allowing the gas station to remain or allowing an auto sales use to be established.
The amendment would not eliminate existing housing stock or reduce the potential for residential uses in the
future since the existing land use designation (Commercial Tourist) does not allow for residential projects. No
residential uses are proposed with the current project. The project will not displace residents nor introduce
population growth since it involves the only the re-zoning of a small site already developed with an existing gas
station.
Conclusion
No impacts to population or housing are likely to occur with the proposed General Plan Amendment.
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? -X-^
b) Police protection? —X-=
c) Schools?
d) Parks?
Parks?
e) Roads and other transportation infrastructure? X-
Other public facilities? '-X-
Evaluation
The project will not create significant impacts to local public services since it is currently a developed site within
a developed area of the City that is currently served by City utilities and associated infrastructure. No significant
changes to the site are proposed with the amendment of the land use map at this time. The sites size and
proposed zoning would allow only minor site changes that would create less than significant impacts to public
services.
Conclusion
No impacts to public services are associated with the proposed General Plan amendment.
14.RECREATION. Would theproject:
a) Increase the use of existing neighborhood or regional parks or -X--
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?
Evaluation
The project does not trigger park impacts or affect the use of recreational facilities since it is only a request�tjo
�' a(�J
CrrY OF SAN LUIS OaISPO 13 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2005
MLLUGRtnent (j
Issues, Discussion and Supports y Info.. . tion Sources source I Po. -tluy lotentially Lmnum No
sig t SkiscanSignificant Impact
John S.Frangie GP/R 19-05 Issues Im�
ER# 19-05 Mitigation
Inco rated
rezone the property to allow a use of similar intensity.
Conclusion
No impacts to recreation facilities are anticipated.
15. TRANSPORTATION/TRAFFIC. Would theproject:
a) Cause an increase in traffic which is substantial in relation to the
existing traffic load and capacity of the street system?
b) Exceed,either individually or cumulatively,a level of service =�_X—
standard established by the county congestion management
agency for designated roads and highways?
c) Substantially increase hazards due to design features(e.g.sharp
curves or dangerous intersections)or incompatible uses(e.g.
farm equipment)?
d) Result in inadequate emergency access?
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 c X
Use Plan resulting in substantial safety risks from hazards,noise,
or a change in air trafficpatterns?
Evaluation
The land use amendment will ultimately result in the site being utilized for a less intensive use than the existing
service station use currently in operation. Auto sales uses are likely to result in fewer trips than a gas station. At
this time, no circulation changes to access are proposed, and the rezoning of the property is not anticipated to
increase or change traffic flow to the site. If additional or new development is proposed in the future, additional
traffic analysis may be required, pursuant to the Special Considerations (S) overlay zone requirements (see
discussion and mitigation under Land Use and Planning Section 10 above). In addition, elimination or
modification of driveways may be appropriate depending on the type of improvements that will be constructed at
this site in the future.
Conclusion
The proposed General Plan amendment and subsequent zone change is not likely to create significant impacts to
area transportation or traffic.
16.UTILITIES AND SERVICE SYSTEMS. Would theproject:
a) Exceed wastewater treatment requirements of the applicable ~X
Regional Water Quality Control Board?
b) Require or result in the construction or expansion of new water L_X
treatment,waste water treatment,water quality control,or storm
drainage facilities,the construction of which could cause
significant environmental effects?
c) Have sufficient water supplies available to serve the project
from existing entitlements and resources,or are new and
expanded water resources needed?
d) Result in a determination by the wastewater treatment provider -X—
which serves or may serve the project that it has 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
accommodate the proiect's solid waste disposal needs?
CITY OF SAN Luis Omw 14 INITIAL STUDY ENVIRONMENTAL CNECKUST 2005
AttactZlr�Pnt 6
Issues, Discussion and Supportin nfo ..+ tion Sources sources Pote,.aally oteneauy [sssThan No
John S.Fran a GP/R 19-OS significant significant Significant Impact
St Issues Unless Impact
ER# 19-05 Mitigation
Incorporated
f) Comply with federal,state,and local statutes and regulations kndx
related to_solid waste?
Evaluation
The General Plan amendmenttzone change will result in a similar or less intensive development potential for the
property than the existing land use designation allows. The project proposal would eliminate a gas station to
allow the expansion of an existing auto sales facility. An auto sales facility which primarily consists of the
storage of automobiles is anticipated to generate a lesser demand on utilities and service systems.
Conclusion
In Summary the project is anticipated to create no impacts to utilities and service systems if the site is developed
consistent with City standards and in accordance with code requirements recommended by the City Utilities
department.
17.MANDATORY.FINDINGS OF SIGNIFICANCE.
a) Does theproject have the potential to degrade the quality of the `L X
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 penods of California history or prehistory?
N/A
b) Does the project have impacts that are individually limited,but 4-X'
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 projects,and the effects of probable
futureprojects)
N/A
c) Does the project have environmental effects which will cause _
substantial adverse effects on human beings,either directly or
indirectl
y?.
N/A
3- 30
CRY OF SAN tuts OBispo 15 1NmAL STUDY ENVIRONMENTAL CHEciuisT 2005
Attachinent A
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.
N/A
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 Si nificant 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 SLO General Plan Land Use Element,August 1994
2. City of SLO General Plan Circulation Element,November 1994
3. City of SLO General Plan Noise Element,May 1996
4. City of SLO General Plan Safety Element,July 2000
5. City of SLO General Plan Conservation Element,July 1973
6. City of SLO General Plan Energy Conservation Element,April 1981
7. City of SLO Water and Wastewater Element,July 1996
8. City of SLO General Plan EIR 1994 for Update to the Land Use and Circulation Elements
9. City of San Luis Obispo Municipal Code
10. City of San Luis Obispo,Land Use Inventory Database
11. Site Visit
12. USDA,Natural Resources Conservation Service,Soil Survey of San Luis Obispo County
13. Website of the Farmland Mapping and Monitoring Program of the California Resources Agency:
http://www.consrv.ca.gov/dirp/FNIW/
14. Clean Air Plan for San Luis Obispo County,Air Pollution Control District, 1995
15. City of San Luis Obispo Noise Guidebook,May 1996
16. 2001 City of San Luis Obispo Water Resources Report
17. City of San Luis Obispo,Historic Resource Preservation Guidelines,on file in the Community Development
Department
18. City of San Luis Obispo,Archaeological Resource Preservation Guidelines,on file in the Community
Development Department
19. City of San Luis Obispo,Historic Site Map
20. City of San Luis Obispo Burial Sensitivity Map
21. City of SLO Source Reduction and Recycling Element,on file in the Utilities Department
22. San Luis Obispo Quadrangle Map,prepared by the State Geologist in compliance with the Alquist-Priolo
Earthquake Fault Zoning Act,effective January 1, 1990
23. Flood Insurance Rate Ma (Community Panel 0603100005 C dated July 7, 1981
24. San Luis Obispo County ort Land Use Plan
25. Architectural Review Guidelines
26. 1997 Uniform Building Code
All documents listed above are available for review at the City of San Luis Obispo Community Development Department,990
Palm Street,San Luis Obispo,California(805)781-7522.
3- 31
nnn4__ 6 .
REQUIRED MITIGATION AND MONITORING PROGRAMS
Aesthetics
1. Prior to occupancy of the site by uses other than the sale of gasoline,the existing fuel pumps,islands,
signs and fuel island canopy shall be removed from the site.
Monitoring Program:
Changes in use or, occupancy shall require an Administrative Use Permit as part of the "S" overlay
requirement as listed in mitigation measure 5. The Use Permit review shall contain conditions of
approval to ensure implementation of mitigation measure 1. A construction permit shall be required to
perform the required work.
Hazards and Hazardous Materials
2. Removal of all gasoline dispensing facilities, including pumps, plumbing, underground tanks, and all
associated infrastructure shall occur prior to occupancy of land uses other than the gasoline sales.
Monitoring Program:
Changes in use or occupancy shall require an Administrative Use Permit as part of the "S" overlay
requirement as listed in mitigation measure 5. The Use Permit review shall contain conditions of
approval to ensure implementation of mitigation measure 2. A construction permit shall be required to
perform the required work.
3. Removal of gasoline dispensing features shall require construction permits from the City of San Luis
Obispo and the County of SanLuis Obispo Environmental Health Division.
Monitoring Program:
Construction permits for demolition of gasoline dispensing facilities shall be reviewed by the County
Environmental Health Division prior to submittal of a construction permit to the City. Proof of County
review and approval shall be submitted to the City with the required demolition permit..
4. If the gas station use is to be abandoned, the soils at the site shall be evaluated by a professional who
is qualified to evaluate environmental hazards such as gasoline or MTBE products. A report shall
clarify any steps necessary to remediate the site and shall be submitted to the County and the City as
part of the demolition requirements. Any necessary remediation shall be completed prior to
occupancy of the site.
Monitoring Program:
Prior to final inspection of the demolition activities, a soils analysis report prepared by a qualified
professional shall be submitted to the City. Any required remediation work shall be completed prior to a
fmal inspection and approval of the City demolition permit.
Land Use and Planning
5. As part of the re-zoning of the property a Special Considerations "S"overlay zone shall be applied to
the property consistent with Chapter 17.56 of the Zoning Regulations. The S overlay designation
CITY of SAN Luis OBISPo 17 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2005
Attachment B .
will ensure future land use compatibility with the site specifically related to the following site
constraints:
a. "A" flood zone as designated on FEMA maps for this property.
b. General Plan conformance with Auto Park area automotive related uses.
c. Development on a road of"High Scenic Value".
d. Review of new uses for compatibility with proposed road improvements for Calle Joaquin and Los
Osos Valley Road.
e. Review of adequate removal of remnant service station infrastructure
Monitoring Program:
The S overlay shall be recorded onto the City Zoning Map with the change of zoning from C-T to C-S,
with the new Zoning to be C-S-S. A copy of the special considerations (a through e)for the site shall be
placed into the property address file, the GIS information database and into the City S overlay folder
maintained by the Community Development Department.
Attachment 1: Vicinity Map
3 -33
CITY OF SAN LUIS OBIBPO 18 INITIAL STUDY ENVIRONMENTAL CNEcKusT 2005
Attachment 7
RESOLUTION NO.####-05
A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO APPROVING
AMENDMENTS TO THE LAND USE ELEMENT MAP DESIGNATION
FROM TOURIST COMMERCIAL TO SERVICES AND MANUFACTURING
FOR PROPERTY AT 12398 LOS OSOS VALLEY ROAD
GP/ER 19-05
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
April 13, 2005 and voted to recommend approval of map amendments pursuant to application
GP/R/ER 19-05, John S. Frangie, applicant; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on July 5,
2005, for the purpose of considering Application GP/R/ER 19-05; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the Council has reviewed and considered the Mitigated Negative
Declaration of environmental impact for the project; and
WHEREAS, the Council has duly considered all evidence, including the recommendation
of the Planning Commission, testimony of interested parties, and the evaluation and
recommendations by staff, presented at said hearing.
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Findings.
1. The City Council finds and determines that the project's mitigated Negative Declaration
adequately addresses the potential environmental impacts of the proposed project, and
reflects the independent judgment of the Council.
2. The proposed rezoning is consistent with General Plan Land Use Element policies
regarding Commercial zoning, which place a priority on maintaining areas for auto sales
uses within the vicinity.
3. The existing property is not conducive to large scale tourist serving development since it
is a very small site at the edge of the C-S district adjacent to existing retail and service
uses.
4. This project site is subject to several criteria which clearly necessitate an overlay zone in
order to ensure adequate review. The S overlay will allow the property to be zoned
consistently with adjacent properties since adjacent C-S properties currently contain an S
Council Resolution No.####-tri Attachment 7
12398 Los Osos Valley Road
Page 2
overlay zone. The following conditions warrant the S overlay zone:
a. The property is within a 100-year flood zone.
b. Los Osos Valley Road is recognized as a road of high scenic value as cited within the
General Plan Circulation Element.
c. As discussed in the General Plan analysis above, the Commercial Service parcels
within this vicinity are designated for auto sales and discretionary review should be
required for new land uses in order to ensure that a shortage of land for auto sales uses
will not occur.
d. Planned improvements for Calle Joaquin at this location include a new four-way
intersection and a traffic signal, therefore new development should be reviewed
accordingly.
e. Changes in occupancy will trigger the removal of gas station associated infrastructure
and may require additional soils analysis and architectural review.
SECTION 2. Action.
The Council hereby approves said Mitigated Negative Declaration and approval of the request
(GP/ER 19-05) for a General Plan amendment, as shown on attached Exhibit A with
incorporation of the following mitigation measures and project conditions into the project:
Mitigation Measures:
1. Prior to occupancy of the site by uses other than the sale of gasoline, the existing fuel
pumps, islands, signs and fuel island canopy shall be removed from the site.
Monitoring Program:
Changes in use or occupancy shall require an Administrative Use Permit as part of the
"S" overlay requirement as listed in mitigation measure 5. The Use Permit review shall
contain conditions of approval to ensure implementation of mitigation measure 1. A
construction permit shall be required to perform the required work.
2. Removal of all gasoline dispensing facilities, including pumps, plumbing, underground
tanks, and all associated infrastructure shall occur prior to occupancy of land uses other
than the gasoline sales.
Monitoring Program:
Changes in use or occupancy shall require an Administrative Use Permit as part of the
"S" overlay requirement as listed in mitigation measure 5. The Use Permit review shall
contain conditions of approval to ensure implementation of mitigation measure 2. A
construction permit shall be required to perform the required work.
3. Removal of gasoline dispensing features shall require demolition permits from the City of
San Luis Obispo and the County of San Luis Obispo Environmental Health Division.
Monitoring Program:
Construction permits for demolition of gasoline dispensing facilities shall be reviewed by
the County Environmental Health Division prior to submittal of a construction permit to
the City. Proof of County review and approval shall be submitted to the City with the
required demolition permit.
Council Resolution No.####-0� Attachment 7
12398 Los Osos Valley Road
Page 3
4. If the gas station use is to be abandoned, the soils at the site shall be evaluated by a
professional who is qualified to evaluate environmental hazards such as gasoline or
MTBE products. A report shall clarify any steps necessary to remediate the site and shall
be submitted to the County and the City as part of the demolition requirements. Any
necessary remediation shall be completed prior to occupancy of the site.
Monitoring Program:
Prior to final inspection of the demolition activities, a soils analysis report prepared by a
qualified professional shall be submitted to the City. Any required remediation work
shall be completed prior to a final inspection and approval of the City demolition permit.
5. As part of the re-zoning of the property a Special Considerations "S" overlay zone shall
be applied to the property consistent with Chapter 17.56 of the Zoning Regulations. The
S overlay designation will ensure future land use compatibility with the site specifically
related to the following site constraints
a. "A" flood zone as designated on FEMA maps for this property.
b. General Plan conformance with Auto Park area automotive related uses.
c. Development on a road of`-`High Scenic Value".
d. Review of new uses for compatibility with proposed road improvements for Calle
Joaquin and Los Osos Valley Road.
e. Review of adequate removal of remnant service station infrastructure
Monitoring Program:
The S overlay shall be recorded onto the City Zoning Map with the change of zoning
from C-T to C-S, with the new Zoning to be C-S-S. A copy of the special considerations
(a through e) for the site shall be placed into the property address file, the GIS
information database and into the City S overlay folder maintained by the Community
Development Department.
Conditions:
1. Exterior site changes or construction shall be subject to architectural review to
ensure consistency with the City's Community Design Guidelines, and Circulation
Element Scenic Roadway policies.
2. Any substantial change to the existing use or any new use at the site shall be subject
to review and approval of an Administrative Use Permit.
3. No storage or sale of vehicles associated with the auto sales uses shall be allowed at
the property prior to a formal occupancy change request and completion of
applicable conditions and mitigation measures.
3-
1
Council Resolution No.####'bZ)
12398 Los Osos Valley Road
Page 4 Attachment 7
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 _ , 2005.
Mayor David F. Romero
ATTEST:
Audrey Hooper, City Clerk
APPROVED AS TO FORM:
Jona&gilfowell, City Attorney
EXHIBIT A f /
C Ment 7
Services anufact' 'ng
General Retail
N / /
O
c G
se nng j
Open Space f Tourist C mercial /
t :
I Public Facility
Unincorporated
(County Jurisdiction)
1
Lo De
Open Space esidantia
Tou 'st Commeial
Interim Open Space
I
i
T�
' /� Legend
GPR R/ER 19_05 General Plan Designation Boundary
12398 Los Osos Valley Road - - - city Limit
--- Urban Reserve Line Q,
5 - H
Attachment 8
DRAFT
ORDINANCE NO.####(2005 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
AMENDING THE ZONING MAP TO CHANGE THE ZONING FOR PROPERTY AT
12398 LOS OSOS VALLEY ROAD FROM C-T TO C-S-S
(GP/R/ER 19-05)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on April 13,2005 and recommended approval of Application GP/R/ER 19-05, a
request to amend the City's Zoning Map designations from Tourist Commercial (C-T) to Service
Commercial Special Considerations (C-S-S); and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on July 5,
2005, for the purpose of considering Application GP/R/ER 19-05; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the Council has reviewed and considered the Mitigated Negative
Declaration of environmental impact for the project; and
WHEREAS, the Council has duly considered all evidence, including the
recommendation of the Planning Commission, testimony of interested parties, and the evaluation
and recommendations by staff, presented at said hearing.
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
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 Mitigated Negative Declaration adequately addresses the potential 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 Mitigated Negative Declaration.
SECTION 2. Findings. The City Council makes the following findings:
1. The City Council finds and determines that the project's mitigated Negative Declaration
adequately addresses the potential environmental impacts of the proposed project, and
reflects the independent judgment of the Council.
2. The proposed rezoning is consistent with General Plan Land Use Element policies
regarding Commercial zoning, which place a priority on maintaining areas for auto sales
3 - �
I
Attachment 8
Ordinance No.(2005Series)
GP/R 19-05
Page 2
uses within the vicinity.
3. The existing property is not conducive to large scale tourist serving development since it
is a very small site at the edge of the C-S district adjacent to existing retail and service
uses.
4. This project site is subject to several criteria which clearly necessitate an overlay zone in
order to ensure adequate.review. The S overlay will allow the property to be zoned
consistently with adjacent properties since adjacent C-S properties currently contain an S
overlay zone: The following conditions warrant the S overlay zone:
a. The property is within a 100-year flood zone.
b. Los Osos Valley Road is recognized as a road of high scenic value as cited within the
General Plan Circulation Element.
c. As discussed in the General Plan analysis above, the Commercial Service parcels
within this vicinity are designated for auto sales and discretionary review should be
required for new land uses in order to ensure that a shortage of land for auto sales uses
will not occur.
d. Planned improvements for Calle Joaquin at this location include a new four-way
intersection and a traffic signal, therefore new development should be reviewed
accordingly.
e. Changes in occupancy will trigger the removal of gas station associated infrastructure
and may require additional soils analysis and architectural review.
SECTION 3. Action. The Zoning Regulations Map Amendment (GP/R 19-05) is
hereby approved(Exhibit A).
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.
J- `i0
Attachment 8
Ordinance No. (2005Series)
GP/P 19-05
Page 3
INTRODUCED on the 5' day of July, 2005, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the _ day of2005, on the following roll
call vote:
AYES:
NOES:
ABSENT:
Mayor David F. Romero
ATTEST:
City Clerk Audrey Hooper
APPROVED AS TO FORM:
Cly ttorney Jonathan Lowell
GAPdunsmore\Rezoning&PDs\19-05(Frangie)\GPR 19-05 cc ord.doc
3 -4-1
EXHIBIT A
C=S-PD C-S
J /
C-S-S
C-T
C-S-S
C-T !�/
12398 C=T
Los Osos Valley Road
C-T f
Proposed C-S•S
JOPQ��N /
Unincorporated C_T
(County Jurisdiction) °0 c ,�
NON C-T CLOS-
/J bOS-2o