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Home My WebLink About07/19/2005, C4 - ADOPTION OF AN ORDINANCE REZONING PROPERTY AT 12398 LOS OSOS VALLEY ROAD (GP/R 19-05) council o, CITY OF SAN LUIS 6-B I S P O FROM: John Mandeville, Community Development Direct r Prepared By: Philip Dunsmore, Associate Planner SUBJECT_ : ADOPTION OF AN ORDINANCE REZONING PROPERTY AT 12.398 LOS OSOS VALLEY ROAD (GP/R 19-05) CAO RECOMMENDATION Adopt Ordinance No. 1477. DISCUSSION Situation On July 5, 2005, the City Council voted 5 to 0 to introduce Ordinance No. 1477 to print, amending the City's Zoning Map for property at 12398 Los Osos Valley Road from Tourist Commercial (C-T) to Service-Commercial Special Consideration (C-S-S). Ordinance No. 1477 is now ready for adoption. The new zoning designation will become effective 30 days after its adoption. Significant Impacts The City Council adopted a Mitigated Negative Declaration for the project that concluded that no significant environmental impacts are anticipated with the re-zoning of the property. Consequences of Not Taking the Recommended Action If the Council does not adopt the ordinance, the zoning designation of the property would remain as is, until alternative zoning designations are approved. Attached: Ordinance No. 1477 GAPdunsmore\Remning&PDs\19-05(Fmngie)\CC 2nd read 19-05.doc Cy-/ ORDINANCE NO. 1477 (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 (GP1R/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 in Street, San Luis Obispo, California, on April 13, 2005 and recommended approval of Application GP/R/ER 19T05, 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 lids 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 ith the General Plan,the puiposes 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 NEtigated 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 uses within the vicinity. C Ll-2 Ordinance No.(2005Series) GP/R 19-05 Page 2 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 C_ irculation 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. INTRODUCED on the 5t° day of July, 2005, AND FINALLY ADOPTED by the. Council of the City of San Luis Obispo on the _ day of , 2005, on the following roll call vote: AYES: NOES: ABSENT`. Mayor David F. Romero e�f�3 i Ordinance No. (2005Series) GP/R 19-05 Page 3 ATTEST: City Clerk Audrey Hooper APPROVED AS TO FORM: Ci orney Jonathan Lowell GAPdunsmore\Rezoning&PDs\19-05(Frangie)\GPR 19-05 cc ord.doc cy-� I . _ EXHIBIT A C-S-PD C-S GS-S C-T C-S-S C-T M98 C-T Los Osos.Valley Road 6- �N �OPQU Unincorporated <� CJ (Courtly Jurisdictlon) o / NON C-T C/OS-, / L 1 C/OS-20 1 `�I �IIIIIIIIIII��IIIIIIIIalll�l� council- . memoRAnbum DATE: July 19, 2005 RED FILE TO: City Council MEETING AGENDA DATE 7/9 DSS ITEM #C VIA: Ken Hampian, CAO ell FROM: John Mandeville, Community Development Director BY: Philip Dunsmore, Associate Planner SUBJECT: Modified Condition for Toyota Dealership rezoning request (Frangie GP/R 19-05) for 12398 Los Osos Valley Road. Following the City Council hearing on July 5`h, one of the project conditions for the General Plan Map Amendment mentioned above Was modified in accordance with Council direction. The modification to the condition addressed Council and staff concerns regarding the removal of the gas station facilities prior to utilizing the site for auto sales. The final wording of the applicable condition is highlighted in the attached Council Resolution. rj COUNCIL CDD DIR CAO FIN DIR i ACAO FIRE CHIEF Al iORNEY PW DIR I CLERK/ORIG POLICE CHF [] DEPT DS REC DIR UTIL DIR I-IR DIA R£DFIL-I I 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. 4. Following removal of underground gasoline dispensing infrastructure, interim use of the former gas station area for auto ''gales and display may be permitted before ARC Approval of site changes provided that Architectural Review plans for the expansion of the adjacent auto sales facility have been submitted and are in the process of being acted on by the City. Any new signs associated with the interim use of the site will require approval by the Community Development.Director. The interim use.shall expire twelve months from the date of submittal of architectural .review plans to the City unless a building permit for the expansion has been issued by ,the City. The Community Development Director may grant_a,six month extension of the interim use: