Loading...
HomeMy WebLinkAbout04/19/2011, PH 2 - CONSIDERATION OF A GENERAL PLAN AMENDMENT AND REZONING FOR THREE PROPERTIES LOCATED ON THE NORTH SI 1 council °° , �r j acenaa nepont CITY O F SAN LUIS O B I S P O FROM: John Mandeville, Community Development Director By: Pam Ricci, Senior Planner SUBJECT: CONSIDERATION OF A GENERAL PLAN AMENDMENT AND REZONING FOR THREE PROPERTIES LOCATED ON THE NORTH SIDE OF CALLS JOAQUIN, BETWEEN LOS OSOS VALLEY ROAD AND HIGHWAY 101 (GP/R ER 70-10; 1445) 1443 & 1433 CALLE JOAQUIN). RECOMMENDATION As recommended by the Planning Commission: 1. Adopt a Resolution approving a Mitigated Negative Declaration (ER 70-10) and an amendment to the General Plan Land Use Element map to change the land use designation of 1445, 1443 & 1433 Calle Joaquin from Tourist Commercial to Services & Manufacturing, based on findings, and subject to mitigation measures. 2. Introduce an Ordinance approving an amendment to the Zoning Map for 1445, 1443 & 1433 Calle Joaquin from Tourist-Commercial (C-T) to Service-Commercial with Special Considerations overlay zone (C-S-S), based on findings, and subject to mitigation measures and conditions. Figure 1. Vicinity Map DISCUSSION ,NJ Cate JWgdn Exdlup lqutl9l COmnidevV ICT1 Background ;. ; CxCgnq U9..bold 6 The applicant, America's u,Cda,Wgd } Tire Company, has applied ° °eddd`m�rl for a General Plan «i Amendment from Tourist 1443 Calle Joaquin Commercial to Services TouftCemmer"(GT) pio44 and Manufacturing, and �;,. '� Usow:e°""°�nini " ' Use:Resmurmt Rezoning from C-T i ,, ` ; 0.88 Awes (Tourist Commercial) to C-S (Service Commercial), for the site located at 1443 Calle Joaquin (Figure 1). The purpose of the rezoning is to allow a broader range of uses at the site and to complement surrounding development. Physical changes proposed are to demolish the existing Starlet Cafe structure and to construct a new 6,947 square-foot commercial building in the northern portion of the lot to accommodate the sale and installation of automobile tires. Staff expanded the area of the application to include the rezoning of the adjacent C-T properties to C-S to have a more logical land use pattern and to avoid a spot zoning. The affected adjacent PH2-1 ' I Council Agenda Report—GP/R, ER 70-10 (America's Tire Rezoning) Page 2 properties are the AAA office at 1445 Calle Joaquin and the Motel 6 property at 1433 Calle Joaquin (See Figure 1 on Page 1). The application of the C-S zoning and Services & Manufacturing land use designation to all three properties is logical since the sites are a remnant of C-T zoning surrounded by C-S zoning. As recommended with the "S", Special Consideration overlay, the specific circumstances with the sites that may affect compatibility are noted and potentially incompatible uses are prohibited. The proposed Rezoning would allow the central property to redevelop in a manner that is compatible with adjacent land uses and permit existing abutting properties with long-standing businesses to continue to operate. C-S zoning on the subject sites would allow a broad range of uses; some that still serve the traveling public, and others that could provide more opportunities for successful economic development. Staff has been in contact with a property owner representative from Motel 6. The company is supportive of the rezoning with the condition that would allow them to redevelop the site as a nonconforming use if desired in the future. The owners of the AAA office have been notified of the rezoning and public hearing, but have not formally responded. Staff has assumed since the proposed rezoning will benefit AAA by making its business a conforming use that there would be no objections. Data Summary Applicant: America's Tire Company Representative: Jeremy Freund, Wallace Group Existing Zoning: Tourist Commercial (C-T) Proposed.Zoning: Service Commercial (C-S) Existing General Plan: Tourist Commercial Proposed General Plan: Services & Manufacturing Environmental Status: The Planning Commission recommended adoption of a Negative Declaration with Mitigation Measures on March 23, 2011. Consistency with the General Plan General Plan conformity is essential in reviewing this application; the Council must ultimately make a finding that a development approval is consistent with the General Plan. The Council must also find that the proposed changes to the Zoning and General Plan Land Use Element (LUE) Maps would maintain consistency with the goals and policies of the General Plan. Specifically the attached Planning Commission staff report cited LUE Policy 3.6.1 finding that the rezoning would be consistent with the purpose for the Services & Manufacturing land use category to have land designed for the range of service types of uses allowed in the C-S zoning category. Also the project is consistent with the purpose of General Plan amendments to assure that they are done with due consideration to community wide interests, and result in sound planning principles. PH2-2 Council Agenda Report—GP/R, ER 70-10 (America's Tire Rezoning) Page 3 Planning Commission's Action On March 23, 2011, the Planning Commission reviewed the requested entitlements that are now before the City Council. On a 6:0: vote (Commr. Singewald absent), the Planning Commission recommended to the Council approval of the General Plan Amendment and Rezoning, and Mitigated Negative Declaration (Attachment 2). A copy of the Planning Commission staff report with attachments provides additional project details and analysis (Attachment 4). The Commission found that the proposed change to C-S zoning created a logical land use pattern and was based on sound planning principles that would ultimately benefit all three property owners. The Commission agreed with the recommended strategy to add the "S", Special Consideration overlay to the base C-S zoning to document the special considerations associated with the three sites. With its support for the "S" overlay zoning, the Commission is recommending conditions that prohibit certain uses that may be inappropriate or incompatible and provide protection for the Motel 6 to remain and potentially redevelop as a legal non- conforming use. The Planning Commission modified Mitigation Measure No. 9 related to potential stationary noise generation impacts of the proposed tire store on the adjacent Motel 6. Rather than mandating a property line noise wall that may have limited benefits, the modified mitigation measure allows for more flexibility in possible solutions to attenuating noise associated with the operations of the tire store through such techniques as interior construction, the orientation of the building, and the strategic placement of building walls and openings. The specific noise attenuation details would be reviewed by the Architectural Review Commission (ARC) with its review of detailed development plans.. The Motel 6 property at 1433 Calle Joaquin is an allowed use in the existing C-T zone, but would be considered a legal non-conforming use if the site is rezoned to C-S. Acknowledging that this may be a hardship to the property owner of a long-standing business on the site, staff had recommended to the Planning Commission that the S overlay be utilized to acknowledge the current motel use and allow it to be redeveloped to its current intensity if involuntarily destroyed. The Commission found the recommended condition related to the Motel 6's legal nonconforming status was too limiting; it struck language putting limitations on the extent to which the business might choose to redevelop in the future. The rationale behind this was to not preclude the motel from potentially improving its property in the future within the normal constraints of applicable property development standards. The AAA business at 1445 Calle Joaquin as a "business and service" office would become more conforming with the zoning change; the use is allowed with an administrative use permit in the C-S zone, but not allowed in the C-T zone. Citizen Participation Jeremy Freund, the applicant's representative, provided a brief presentation and spoke in support of the project. Dan Wainright, America's Tire Company, also spoke in support of the project. PGI2-3 Council Agenda Report—GP/R, ER 70-10 (America's Tire Rezoning) Page 4 Both Mr. Freund and Mr. Wainright responded to Commission questions. There was no other public testimony received. CONCURRENCES The comments and recommendations of various City departments are reflected in the discussion and the mitigation measures of the Mitigated Negative Declaration. Detailed site development requirements for the proposed tire store at 1443 Calle Joaquin will be included in the Administrative Use Permit review (required by the site's "S", Special Consideration overlay) and adopted by the ARC with its review of the project design. FISCAL IMPACT When the General Plan was prepared in 1994, it was accompanied by a fiscal impact analysis, which found that overall the General Plan was fiscally balanced. Since 1994, there have been various amendments to the General Plan and annexations of property like the Calle Joaquin auto park lots and the Madonna (Gap) property that ultimately will provide for new sources of tax revenues. With the General Plan Amendment, revenues are not expected to dramatically change with the change from one commercial use to another. Therefore, the proposed project will have a neutral fiscal impact on City revenues and can be found to be consistent with the General Plan. ALTERNATIVES 1. Deny the proposed GP/R based on findings of inconsistency with the General Plan. This alternative is not recommended because the proposal complies with the General Plan and results in a logical and consistent land use pattern. 2. Recommend approval of a modified zoning proposal for the site. Changing the zoning of 1443 Calle Joaquin only, and leaving the two adjacent properties as C-T, is not recommended since it would result in Tourist Commercial properties surrounded on three sides by Service Commercial land uses. 3. Continue the project with direction to staff and the applicant if the Council desires further information or analysis to render a decision. ATTACHMENTS 1. Vicinity map 2. Planning Commission follow-up letter with adopted Resolution No. 5556-11 3. Draft March 23, 2011 Planning Commission Minutes 4. March 23, 2011 Planning Commission Agenda Report including initial study ER 70-10 5. Resolution approving the General Plan.Amendment & Mitigated Negative Declaration 6. Ordinance approving the Rezoning G:\CD-PLAN\PRICCI\ZONING\America's Tire(GPR 70-10)\Staff Reports\GPR 70-10 CC report(America's Tire).DOC PH2-4 C/OS-20 Attachment 1 C/OS-20 PJ 2 a 4v C-S-P C- Qy V C-S-S C- -T C/OS-20 <O N ON N L <�.4 T /OS-1 R VICINITY MAP File No. 70=10 N 14457 1443, 1433 CALLS JOAQUIN I A 5 • Attachment 2 t (III � city osAn vols OBISPO Community Development Department• 919 Palm Street, San Luis Obispo, CA 93401=3218 March 25, 2011 America's Tire Company 20225 N. Scottsdale Road Scottsdale, AZ 85255 SUBJECT: GP/R/ER 70-10: 1433, 1443, and 1445 Calle Joaquin Environmental review and request to modify the.Land Use Element map designation from Tourist Commercial (C-T) to Services and Manufacturing and rezone from Tourist Commercial (C-T) property to Service Commercial with the Special Consideration overlay (C-SS) for three properties located on the north side of Calle Joaquin Gentlemen: The Planning Commission, at its meeting of March 23, 2011, recommended that the City Council adopt the Mitigated Negative Declaration and approve the request for a General Plan Amendment and Rezoning, based on findings and subject to conditions noted in the attached resolution. The action of the Planning Commission is a recommendation to the City Council and, therefore, is not final. This matter has been tentatively scheduled for public hearing before the City Council on May 3, 2011. This date, however, should be verified with the City Clerk's office at (805) 781-7102. If you have any questions, please contact Pam Ricci at (805) 781-7168. Sincerely, i4 �r David Deputy Director of Community Development Development Review Attachment: Resolution No. PC-5556-11 cc: SLO County Assessor's Office Jeremy Freund Gordon & Stacy Edmonds Wallace Group 546 Leff Street 612 Clarion Court San Luis Obispo, CA 93401 San Luis Obispo, CA 93401 �E The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. r H2-6 ` Telecommunications Device for the Deaf(8M)781-7410. Attachment 2 RESOLUTION NO. PC-5556-11 A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AN AMENDMENT TO THE GENERAL PLAN LAND USE ELEMENT MAP FROM TOURIST COMMERCIAL TO SERVICES &MANUFACTURING AND AN AMENDMENT TO THE ZONING MAP FROM C-T,TOURIST COMMERCIAL,TO C-S-S, SERVICE COMMERCIAL WITH THE "S"SPECIAL CONSIDERATION OVERLAY,FOR PROPERTIES LOCATED AT 14339 14433 AND 1445 CALLE JOAQUIN(GP/R/ER 70-10) 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 March 23, 2011, pursuant to a proceeding instituted under application GP/R/ER 70-10, America's Tire, applicant; and WHEREAS, said public hearing was for the purpose of formulating and forwarding recommendations to the City Council of the City of San Luis Obispo regarding,the General Plan Amendment, Rezoning, and Environmental Review; and WHEREAS, said public hearing was for the purpose,of formulating and forwarding recommendations to the City Council of the City of San Luis Obispo regarding the General Plan Amendment,Rezoning, and Environmental Review; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the Planning Commission has duly considered all evidence, including the testimony of the applicant, interested parties, the evaluation and recommendations by staff, presented at said hearing; and WHEREAS, the Planning Commission finds and determines that the project's Mitigated Negative Declaration adequately addresses the potential significant environmental impacts of the proposed project entitlements, and reflects the independent judgment of the Commission; 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. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of San Luis Obispo as follows: SECTION 1. General Plan Amendment & Rezoning Findings. Based upon all the evidence, the Planning Commission does hereby recommend that the City Council .approve application GP/R 70-10 to amend the land use designation from Tourist Commercial to Services & Manufacturing and its zoning from Tourist-Commercial (C-T), to Service-Commercial with the "S" Special Consideration overlay (C-S-S) for the properties located at 1445, 1443 & 1433 Calle Joaquin, based on the following findings: PH2-7 2 Planning Commission Resolution Attachment >...C-5556-11 --- 1433, 1443,and 1445 Calle Joaquin Page 2 1. The proposed amendments to the Land Use Element (LUE) and Zoning Maps furthers the goals of the General Plan, specifically LUE 3.6.1 to have land designated for certain service uses that meet the demands of the City and some demands of the region. 2. The proposed General Plan Amendment and Rezone will not be detrimental to the health, safety, and welfare of those living and working in the vicinity since the proposed changes to the City's maps will accommodate existing development of the sites at 1433 & 1445 Calle Joaquin that are compatible with other properties in the surrounding vicinity and will appropriately direct redevelopment of the site at 1443 Calle Joaquin with a compatible land use. 1 The proposed General Plan Amendment and Rezone will not adversely affect the amount of area within the City set aside for Tourist-Commercial uses as additional sites in the near vicinity have been added in recent years to the area to offset the demand for tourist-serving uses like restaurants and motels. 4. On February 16, 2011, the San Luis Obispo County Airport Land Use Commission determined that the proposed General Plan Amendment and Rezone was consistent with the San Luis Obispo County Regional Airport Land Use Plan. 5. The project sites are subject to several criteria which clearly warrant an overlay zone to direct proposed and future development and to insure for ongoing compatibility with surrounding land uses. The following circumstances warrant the S overlay zone: a. "A" flood zone as designated on FEMA maps. b. Creek habitat protection. c. Location within the Airport Land Use Plan Safety Zones S-2, S-lc, and S-lb. d. Prohibit certain allowable and conditionally-allowable uses at the site to eliminate future traffic impacts.. e. Protect the ability of the Motel 6 to be redeveloped to its current intensity if involuntarily destroyed. 6. The Community Development Director recommended adoption of a Mitigated Negative Declaration on March 10, 2011. The Planning Commission finds and determines that the project's Mitigated Negative Declaration adequately addresses the potential significant environmental impacts of the proposed project. SECTION 2. General Plan Amendment & Rezoning Recommendation. The Commission hereby recommends adoption of the Mitigated Negative Declaration and approval of the request (GP/R/ER 70-10) for a General Plan Amendment and Rezoning with incorporation of the following mitigation measures and conditions into the project: PH2-8 Planning Commission Resolurio;._:. 'C-5556-I1 Attachment 1433, 1443,and 1445 Calle Joaquin Page 3 Mitigation Measures: AIR QUALITY 1. During construction/ground-disturbing activities, the applicant shall implement the following particulate (dust) control measures. These measures shall be shown on grading and building plans. In addition, the contractor shall designate a person or persons to . monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. Their duties shall include holiday and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the Community Development Department prior to commencement of construction. a. Reduce the amount of disturbed area where possible. b. Use water trucks or sprinkler systems in sufficient quantities to prevent airbome dust from leaving the site. Increased watering frequency will be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible. c Dirt stock pile areas (if any) should be sprayed daily as needed. d. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. e. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with Califomia Vehicle Code Section 23114. • Monitoring Program: These conditions shall be noted on all project grading and building plans. The applicant shall present evidence of a plan for complying with these requirements prior to issuance of a grading or building permit from the City. The applicant shall provide the City with the name and telephone number of the person responsible for ensuring compliance with these requirements. The Building Inspector and Public Works Inspectors shall conduct field monitoring. CULTURAL RESOURCES 2. If excavations encounter significant paleontological resources, archaeological resources, or cultural materials, then construction activities that may affect them shall cease until the extent of the resource is determined and the Community Development Director approves appropriate protective measures. The Community Development Director shall be notified of the extent and location of discovered materials so that a qualified archaeologist may record them. 3. If pre-historic Native-American artifacts are encountered, a Native-American monitor should be called into work with the archaeologist to document and remove the items. Disposition of artifacts shall comply with state and federal laws. PH2-9 Planning Conunission ResoluticL--&._C-5556-11 Attachment 1433, 1443, and 1445 Calle Joaquin 2 Page 4 • Monitoring Program: Requirements for cultural resource mitigation shall be clearly noted on all plans for project grading and construction. The Community Development Director would intervene if significant discoveries are unearthed. HAZARDS AND HAZARDOUS MATERIALS 4. All owners, potential purchasers, occupants (whether as owners or renters), and potential occupants (whether as owners or renters) will.receive the disclosure document approved by the Airport Land Use Commission in conjunction with this review prior to entering any contractual obligation to purchase, lease, rent, or otherwise occupy any property or properties within the airport area. 5. Avigation easements will be recorded for the subject property (if one has not already been recorded).. • Monitoring Program: Community Development Department staff would follow up with assuring that ALUC requirements were met prior to building permits for any new development on parcels. HYDROLOGY AND WATER QUALITY 6. Oil and sand separators or other filtering media shall be installed at each drain inlet intercepting runoff as a means of filtering toxic substances from run off before it enters the creek directly or through the storm water system. The separator must be regularly maintained to ensure efficient pollutant removal. As an alternative, or possibly in addition to, the applicant may install porous pavers in the parking lot area to allow for natural filtering of pollutants by the soil, to the approval of the Natural Resources Manager, Community Development Director, and the Architectural Review Commission (ARC). • Monitoring Program: Community Development staff would route specific development plans for the site to the Public Works Department and Natural Resources Manager for their input. The ARC would review and approve site development plans. City staff would review plans for a building permit for implementation and follow up with site inspections. 7. The applicant shall provide the Director of Public Works with a detailed hydraulic analysis, which indicates how the project will comply with the requirement to have a design capacity for a 100-year storm. The analysis shall also include any needed channel erosion control protection to the satisfaction of the Director of Public Works, Natural Resources Manager, and other regulatory agencies overseeing creek work. PH2-10 Plannint Commission Resolutioi-` :C-5556-11 i Attachment 1433, 1443,and 1445 Calle Joaquin Page 5 • Monitoring Program: Public Works Department staff will coordinate with the Natural Resources Manager and verify compliance with their review of working drawings for a building permit and subsequent inspections. LAND USE 8. As part of the rezoning, a Special Considerations"S"overlay zone shall be applied to all three properties 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. Creek habitat protection. c. Location within the Airport Land Use Plan Safety Zones S-2, S-lc, and S-lb. d. Prohibit certain allowable and conditionally-allowable uses at the site to eliminate future traffic impacts. e. Protect the ability of the Motel 6 to be redeveloped to its current intensity if involuntarily destroyed. • Monitoring Program: Community Development Department staff will oversee implementation of the rezoning. An administrative use permit for the tire store at 1443 Calle Joaquin will be processed concurrently with the detailed site development plans submitted for review by the Architectural Review Commission. NOISE 9. The applicant shall include sound mitigation to limit the amount of stationary noise generated by the proposed tire store at 1443 Calle Joaquin at its shared property line with Motel 6 to 50 decibels; the location and design of project structures shall not amplify noise onto the Motel Inn property. • Monitoring Program: The ARC will review project development for compliance. Community Development staff will review building permit plans for consistency with ARC conditions and inspect wall installation once constructed. Conditions: 1. Any substantial change to existing uses or any new use at the sites shall be subject to review and approval of an Administrative Use Permit. PH2-11 Planning Comn-,ission Resolution.,.._ tC-5556-11 A A ����11111111���� 1433, 1443,and 1445 Calle Joaquin 2 Page 6 2. Specific uses established on project sites shall generally be subject to the provisions of the C-S, Service-Commercial zone. However, the following uses for reasons of potential compatibility concerns such as traffic, parking, environmental impacts, noise, or inappropriate scale are not allowed: a. From the list of allowed uses — fitness/health facility; laundry, dry cleaning plant; mobile home, RV, and boat sales; school — specialized education/training; truck or freight terminal; veterinary clinic/hospital, boarding, small animal, indoor; and warehousing, indoor storage. b. From the list of uses allowed with Director's approval —bar/tavern; club, lodge, private meeting hall; mortuary/funeral home; nightclub; veterinary clinic/hospital, boarding, large, animal; and veterinary clinic/hospital,boarding, small animal, outdoor. c. All uses listed as uses allowed with Planning Commission approval. 3. The existing Motel 6 use at 1433 Calle Joaquin will become a legal, nonconforming use with approval of the subject zoning. One of the special considerations with the change in zoning is that this site would be allowed to be redeveloped. On motion by Commissioner Draze, seconded by Commissioner Stevenson, and on the following roll call vote: AYES: Commrs. Draze, Stevenson, Whittlesey, Multari, Boswell, and Meyer NOES: None REFRAIN: None ABSENT: Commr. Singewald The foregoing resolution was passed and adopted this 23`d day of March, 2011. Doug Davidson, ecretary Planning Commission PH2-12 atachment 3 DRAFT SAN LUIS OBISPO PLANNING COMMISSION MINUTES March 23, 2011 ROLL CALL: Present: Commissioners Michael Boswell, Michael Draze, Eric Meyer, Charles Stevenson, Vice-Chairperson Mary Whittlesey, and Chairperson Michael Multari Absent: Commissioner Airlin Singewald Staff: Deputy Community Development Director Doug Davidson, Senior Planner Pam Ricci, Assistant City Attorney Andrea Visveshwara, and Recording Secretary Janet Miller ACCEPTANCE OF THE AGENDA: The agenda was accepted as presented. MINUTES: Minutes of February 23, 2011 were approved as presented. PUBLIC COMMENTS ON NON-AGENDA ITEMS: There were no comments. PUBLIC HEARINGS: 1. 1433, 1443, and 1445 Calle Joaquin: GP/R/ER 70-10: Environmental review and request to modify the Land Use Element map designation from Tourist Commercial (C-T) To Services and Manufacturing and rezone from Tourist Commercial (C-T) property to Service Commercial with the Special Consideration overlay (C-S-S) for three properties located on the north side of Calle Joaquin; America's Tire Company, applicant. (Pam Ricci) Pam Ricci, Senior Planner, presented the staff report, to adopt the draft resolution, which recommends that the City Council: (1) Approve an amendment to the General Plan Land Use Element map to change the land use designation for the sites from Tourist Commercial to Services and Manufacturing and adopt a Mitigated Negative Declaration (ER 70-10); (2) Approve an amendment to the Zoning Map for the sites from Tourist-Commercial (C-T) to Service-Commercial with Special Considerations overlay zone (C-S-S), based on findings, and subject to conditions, which she outlined. Commr. Draze questioned if Motel 6 and the AAA office had been notified about the proposed rezoning. Staff noted that certified letters had been sent to both businesses, but neither business had provided any comments or feedback. Commr. Whittlesey asked about the Special Consideration "S" overlays on nearby properties. Staff responded that the S overlays in the area were either to restrict uses to auto sales or to permit compatible service uses. PH2-13 Draft Planning Commission Mir. J _,Attachment J March 23, 2011 11111111F1 Ir Page 2 Commr. Stevenson questioned the language concerning redevelopment of the Motel 6. Staff discussed the intent of the language was to allow the business to rebuild to its current intensity (i.e. number of units with a similar footprint) in the case that the property was involuntarily destroyed. Jeremy Freund, applicant representative, spoke in support of the project. Commr. Draze questioned if the applicant had contacted either the Motel 6 or the AAA offices. Mr. Freund replied that the applicant had not. Vice-Chair Whittlesey noted concern for sound levels and requested clarification on the sound mitigation. Mr. Freund discussed the findings of the noise. analysis and the proposed mitigation measure. Commr. Stevenson questioned if the applicant had considered an architectural sound remedy rather than outside sound barrier provision. Dan Wainright, applicant representative, discussed sound mitigation measures in business operation for the property. Mr. Wainright noted that the applicant had considered architectural solutions in addition to an outside sound barrier. Commr. Meyer requested clarification on the `location of the service doors. Mr. Wainright discussed the layout of the building. PUBLIC COMMENTS: There were no comments made from the public. COMMISSION COMMENTS: Chairperson Multari suggested the noise mitigation should read more generically to state that the applicant shall include sound mitigation measures to limit the amount of noise to the Motel 6 property to 50 decibels and the applicant's project should not. amplify sound to neighboring properties. Commr. Boswell noted the tire store project should mitigate its own noise, but was not responsible for mitigating existing noise from Highway 101. Commr. Draze suggested that the proposed Condition No. 3 allow for the Motel 6 to be redeveloped without limitations on the scope other than keeping within the framework of applicable property development standards. He made the point that if the motel selected to improve their property that they should not be prevented from doing so because of their legal non-conforming use status. Chairperson Multari agreed with the special status for Motel 6 as part of the subject rezoning, but suggested that staff may want to in the future look at conditionally allowing motels and hotels in the C-S zone with certain performance standards such as proximity to major travel corridors. Staff noted that various alternatives had been considered for dealing with the Motel 6 property, but that the selected course with giving the motel PH2-14 Draft Planning Commission Min, s ttachment March 23, 2011 Page 3 special status as part of the S-zoning overlay was the most logical and straightforward solution. Commr Draze suggested eliminating "warehousing and indoor storage" from the list of allowed uses at this location. Vice-Chair Whittlesey recommended also eliminating "truck or freight terminal' from the list of allowed uses as the sites are located at a gateway of sorts. There were no further comments made from the Commission. On motion by Commr. Draze, seconded by Commr. Stevenson, to recommend to the Council approval of the amendments, based on findings, and with mitigation. measures and conditions, including the following amendments: Mitigation Measure No. 9 was modified to read: "The applicant shall include sound mitigation to limit the amount of stationary noise generated by the proposed tire store at 1443 Calle Joaguin at its shared property line with. Motel 6 to 50 decibels: the location and design of project structures shall not amplifv noise onto the Motel Inn property." Condition 2.a. was changed to add truck or freight terminal and warehousing, indoor storage to the list of prohibited uses. Condition No. 3 was modified to read: "The existing Motel 6 use at 1433 Calle Joaquin will become a legal, nonconforming use with approval of the subject zoning. One of the special considerations with the change in zoning is that this site would be allowed to-be redeveloped." AYES: Commrs. Boswell, Draze, Meyer, Stevenson, Vice-Chairperson Whittlesey, and Chairperson Multari NOES: None RECUSED: None ABSENT: Commr. Singewald The motion passed on a 6:0 vote. COMMENT AND DISCUSSION: 2. Staff a. Agenda Forecast 3. Commission ADJOURMENT: The meeting was adjourned at 7`30 p.m. Respectfully submitted by, Janet Miller Recording Secretary PH2-15 - - - Attachment 4 CITY OF SAN LUIS OBISPO PLANNING COMMISSION AGENDA REPORT rrEM#r BY: Pam Ricci, Senior Planner(781-7168) PK DATE: March 23, 2011 FROM: Doug Davidson,Deputy Director of Community Development FILE NUMBER: GP/R&ER 70-10 PROJECT ADDRESSES: 1445, 1443 & 1433 Calle Joaquin SUBJECT: General Plan Amendment and Rezoning for three properties located on the north side of Calle Joaquin, east of Los Osos Valley Road. RECOMMENDATION Adopt the attached Planning Commission resolution (Attachment 4), which recommends that the City Council: 1. Approve an amendment to the General Plan Land Use Element map to change the land use designation for the sites from Tourist Commercial to Services and Manufacturing and adopt a Mitigated Negative Declaration(ER 70-10). 2. Approve an amendment to the Zoning Map for the sites from Tourist-Commercial (C-T) to Service-Commercial with Special Considerations overlay zone(C-S-S). BACKGROUND Situation/Project Description The applicant, America's Tire Company, has applied for a General Plan Amendment from Tourist Commercial :.' to Services and Manufacturing, and g 1433 Cafte1, 1cn m6^Y � s .Trnmn Commerpp iC 1) "7 Rezoning from C-T r k a��xa:seroim cemmmw c s st E y M Doo"use.motel �1 (Tourist " naue1, Fs.tn¢1pirW Comm nr (GT) E"'# ► ..y"t Commercial) to C S :sr amcofl�(c _a) ' J­ 7 ! F (Service Commercial), for the site located at 1443 Celle.)oequin ` .,��' ,r Existing:Tourist Commerdal(GT) 1443 Calle Joaqum 'r Proaosea:servke Cummerclei(C-Ss) =tt - r r o Exlstutg use:Resmu t (Figure 1). The purpose of the rezoning is to allow a broader range of } �" uses at the site and Vicinity Map to complement surrounding development., Physical changes proposed are to demolish the existing Starlet Caf6 structure and to construct a new 6,947 square-foot commercial building in the northern portion of the lot to accommodate the sale and installation of automobile tires. PH2-16 ER, GP/R 70-10 (America-;;.__s) - Attachment 4 W5, 1443 & 1433 Calle Joaquin Page 2 Staff expanded the area of the application to include the rezoning the adjacent C-T properties to C-S to have a more logical land use pattern and to avoid a spot zoning. The affected adjacent properties are the AAA office at 1445 Calle Joaquin and the Motel 6 property at 1433 Calle Joaquin (See Figure 1 on Page 1). The Planning Commission's role in reviewing the general plan/zoning amendments and environmental document is to make a recommendation to the City Council, which will take a final action on the requests. Data Summary Addresses: 1445, 1443 & 1433 Calle Joaquin Applicant: America's Tire Company Representative: Jeremy Freund, Wallace Group Existing Zoning: Tourist Commercial (C-T) Proposed Zoning: Service Commercial (C-S) Existing General Plan: Tourist Commercial Proposed General Plan: Services&Manufacturing Environmental Status: A Mitigated Negative Declaration was recommended by the Deputy Director on March 10, 2011 (ER 70-10). Final action on the environmental determination will be taken by the City Council. Site Description The property at 1443 Calle Joaquin, is approximately 0.88 acres(38,836 square-feet) in size. The property is developed with a 2,835 square-foot building that was most recently occupied by the restaurant named the Starlet Cafe. The site abuts Prefumo Creek on its west side and is developed with parking areas and landscaping associated with past restaurant uses. The AAA site is 1.05 acres in size and is developed with a single-story commercial building containing about 6,400 square feet. The business employs about 25 employees. The Motel 6 property consists of 1.77 acres and is developed with an 8&unit motel and one apartment that were originally built in 1973. The business employs about 20 people. The properties beyond the abutting sites to the north and west are zoned Service-Commercial (C- S), and are developed with motor vehicle sales lots. The two properties to the south, across Calle Joaquin, are zoned Tourist Commercial (C-T), and are developed with a restaurant (Zaki's Golden Waffles), and a Gas Station/Convenience Store. The subject property is bordered on the east/southeast by U.S. Highway 101. EVALUATION The three subject properties are a remnant of C-T zoning surrounded by C-S zoning. Surrounding properties have been either set aside specifically for automobile sales consistent with Land Use Element (LUE) Policy 3.6.7, which identifies establishing an auto park area, or are other compatible service uses. The importance of these properties for Tourist Commercial uses has PH2-17 ER, GP/R 70-10 (America-,—, I-.e) Attachment 4 1445, 1443 & 1433 Calle Joaquin Page 3 diminished with more recent nearby development which has established tourist uses on the west side of Calle Joaquin. The restaurant site at 1443 Calle Joaquin has had trouble in recent years with drawing customers to the site and has been vacant for several months now. The access to and visibility of this frontage road from Highway 101 have long been cited as factors that hinder viable tourist commercial development. The issue is that the sites are not 'visible from northbound Highway 101 until past the off-ramp. The proposed Rezoning would allow the central property to redevelop in a manner. that is compatible with adjacent land uses and permit existing abutting properties with long-standing businesses to continue to operate. C-S zoning on the subject sites would allow a broad range of uses; some that still serve the traveling public, and others that could provide more opportunities for successful economic development. The following paragraphs evalaute the request to rezone the property to Service Commercial in terms of: 1. its consistency with the General Plan; 2. its consistency with the Zoning Regulations; and 3. its consistency with the Airport Land Use Plan. 1. General Plan Consistency General Plan conformity is essential in reviewing this application. The Council must make a. finding that a development approval is consistent with the General Plan. The Council must also find that the proposed changes to the Zoning and General Plan LUE Maps would maintain.' consistency with the goals and policies of the General Plan. The General Pan Amendment to Services and Manufacturing is consistent with the purpose stated in Section 3.6.1 of the LUE to have sufficient land so designated "to meet most demands of the City, and some demands of the region,for activities such as business services, medical services, wholesaling building contractors, utility company yards, auto repair, printing, food manufacturing and other light manufacturing, and retail sales of large items, bulk quantities, and items often stored outdoors (vehicles, building materials, plants). " With recommendations to include an "S", Special Consideration, overlay to the three subject properties and limiting certain uses, the project will also be consistent with LUE Policy 3.6.2 which discusses appropriate uses for Services and Manufacturing sites. 2. Consistency with the Zoning Regulations The Rezoning has been specifically requested to accommodate the redevelopment of 1443 Calle Joaquin with a retail tire store which would be an allowed use in the C-S zone, but is not currently allowed in the C-T zone. A tire store would be a complementary use at the site given its proximity to multiple auto dealerships. However, the new use might result in noise impacts to the adjacent motel if development of the site was not properly buffered and hours of operation controlled. This is one of the reasons that the recommendation includes application of the S overlay to the three subject properties. PH2-18 ER, GP/R 70-10(Americak..L..e) = Attachment 4 1445, 1443 & 1433 Calle Joaquin Page 4 Status of Existing Land Uses As previously mentioned, this application also proposes rezoning the adjacent C-T properties to C-S to have a more logical land use pattern and to avoid a spot zoning. The affected adjacent properties are the AAA office at 1445 Calle Joaquin and the Motel 6 property at 1433 Calle Joaquin. The current use of the AAA office at 1445 Calle Joaquin is categorized in the City's zoning regulations as a "business and service" office. This type of use is allowed in the C-S zone with an administrative use permit, but is not permitted in the current C-T zone. Therefore, the office use is considered a legal non-conforming use which means that it can continue indefinitely as developed, but could not be re-established if destroyed by fire or other natural disaster and may not be expanded. With the proposed change in zoning to C-S, the use would be considered an allowed use and would not be subject to the same restrictions as it is currently under. The Motel 6 property at 1433 Calle Joaquin is an allowed use in the existing C-T zone, but would be considered a legal non-conforming use if the site if rezoned to C-S. A legal non- conforming use can continue indefinitely as developed, but could not be re-established if destroyed by fire or other natural disaster and may not be expanded. Acknowledging that this may be a hardship to the property owner of a long-standing business on the site, staff is . recommending that the S overlay be utilized to acknowledge the current motel use and allow it to be redeveloped to its current intensity if involuntarily destroyed. This affords the Motel 6 owner their existing rights and creates a logical land use pattern rather than leaving a single site zoned C-T. For potential resale or redevelopment in the future, the proposed C-S zoning provides a wider range of possible uses than the current C-T zone does. Special Consideration "S"Overlay Nearby parcels along Los Osos Valley Road 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 and address specific site development challenges that may occur such as flood hazards, and land use and noise impacts. In the case of the three properties discussed above that are part of the current rezoning request, there appear to be advantages to adding the S overlay to the sites. The purpose of the S overlay would not be to restrict uses to auto sales, but to direct development of the center site proposed for redevelopment, to limit uses that may not be appropriate because of the location or trip generation for all sites, and to protect the long-standing motel use that would become non- conforming. 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. PH2-19 ER, GP/R 70-10(America-;gjru-e) - Attachment 4 1445, 1443 & 1433 Calle Joaquin Page 5 The attached initial study recommends that the Rezoning include a S overlay zone on all three properties consistent with Chapter 17.56 of the Zoning Regulations. The S overlay designation will ensure future land use compatibility specifically related to the following constraints of the sites: a. "A" flood zone as designated on FEMA maps. b. Creek habitat protection. c. Location within the Airport Land Use Plan Safety Zones S-2, S-lc, and S-lb. d. Prohibit certain allowable and conditionally allowable uses at the site to eliminate future traffic impacts. e. Protect the ability of the Motel 6 to be redeveloped to its current intensity if involuntarily destroyed. To address d. above, the S overlay would exclude certain allowed and conditionally allowed uses from being established on the project sites. These uses were specifically excluded because they had particular characteristics that may raise compatibility concerns such as traffic, parking, environmental impacts, noise and inappropriate scale. Attachment 3 includes the list of all allowed and conditionally allowable uses with x-marks to denote the excluded uses selected by staff. The resolution also specially lists the recommended excluded uses. The Commission may accept staff's recommendations or determined that other uses should also be excluded. 3. Consistency with the Airport Land Use Plan The project. sites are designated in the Airport Land Use Plan (ALUP) as being within Safety Areas S-lb, S-lc, and S2. Section 5 of the ALUP includes Table 5.3 which provides guidance on land use compatibility of various uses within this safety zones. If these properties were vacant the ALUP would allow a density of 75 people per acre on the parcels located within Safety Areas 1b and 1c. Approximately half of the one-acre property at 1445 Calle Joaquin is in Safety Area 2 increasing the potential non-residential density figures for that site to 150 people per acre. The ALUC has no authority to require modifications to existing land uses, even if the existing uses are not consistent with the ALUP. However, the redevelopment of any of the sites with a new use would need to be consistent with the ALUP. The proposed tire store would generate a non-residential density of 35 people. This density is consistent with the upper threshold of 67 people (0.89 acre x 75 =67). Given the request for a General Plan Amendment and Rezoning, the Airport Land Use Commission (ALUC) reviewed the project at a hearing held on February 16, 2011. The ALUC determined that the project was consistent with the San Luis Obispo County Regional Airport Land Use Plan. Standard requirements included in the ALUC's consistency finding are included as mitigation measures related to avigation easements and disclosure documents. In terms of the ALUC's purview with projects, the C-S zoning and range of uses allowed within it are considered more compatible with airport operations than those in the C-T zoning. PH2-20 ER, GP/R 70-10(America ti- -..e) _ Aftchme11t 4 1445, 1443 & 1433 Calle Joaquin Page 6 4. Environmental Review A Mitigated Negative Declaration (MND) has been prepared for the project which examined the rezoning proposal for all three sites as well as the specific impacts associated with the redevelopment of 1443 Calle Joaquin with a tire store (Attachment 2). The nine (9) proposed mitigation measures include fairly typical types of requirements for control of dust and noise during construction, provision for archaeological monitoring if significant finds are discovered during grading, requirements for filtering devices and best management practices to protect the adjacent creek corridor, and a hydraulic analysis given the sites' location in a 100-year flood zone. The land use mitigation includes the S-overlay provisions previously discussed. Specific to the redevelopment of the property at 1443 Calle Joaquin is a requirement for a sound attenuation wall along the shared property between the proposed tire store and motel. The specifics on the length, height, and materials of the wall would be to the review and approval of the Architectural Review Commission(ARC). Conclusion The proposed map amendments create a consistent zoning and land use pattern (the sites are surrounded by C-S zoning), and will provide for compatible uses to exist and develop on the three subject properties. The proposed S-overlay documents the special considerations with the sites and will guide proposed and future site development and appropriate .uses. The administrative use permit required with the S-overlay and.architectural review of specific site development provides a process to assure that new development respects constraints of the sites and is compatible with adjacent development. OTHER DEPARTMENT COMMENTS Other departments were routed the request for the General Plan Amendment and Rezoning and had no objections. Public Works provided input on various sections of the initial study including Hydrology and Transportation/Traffic. Specific development plans for America's Tire at 1443 Calle Joaquin will be routed to the other departments for full conditions of approval and ultimately reviewed and approved by the ARC. ALTERNATIVES 1. The Commission may approve a resolution recommending that the City Council deny the proposed GP/R, based on findings of inconsistency with the General Plan as specified by the Planning Commission. 2. The Commission may continue review of the project, if more information is needed. Direction should be given to staff and the applicants. PH2-21 ER, GP/R 70-10 (Americakz,4uc) ,. Attachment 4 1445, 1443 & 1433 Calle Joaquin Page 7 ATTACHMENTS 1. Existing Zoning Map 2. Initial Study ER 70-10 3. List of allowed and conditionally allowed uses in the C-S zone with notations 4. Draft Planning Commission Resolution GACD-PLAMPRICCI\ZONINMAmerica's Tire(GPR 70-10)\Staff Reports\GPR 70-10 PC report(America's Tire).doc PGI2-22 Auachment 4 3 t ttachme nt I F f / � I r^ t Lo N J ^� W +' co AEC o n h � "'� c''R•-k �• {, •...fin,r�. �J! �':`' n, a.f:', ffCV) co CL O f CD m e• F �''`'� � Y _ } A - 9• ,?.\. � Tit{��' -.. �, + .'i ' .. Idmlil 71 , c m m U V ca E a� a _m co 2 LL >1p U o E N CL.r t a E U N O E rn LL • '�, i p 7 p N i lli 0 CD aa)i rn •m 30 o 0 0 ani Co d-1ttQtil Ytl I I�IIIC � Attachment 2 INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM For ER# 70-10 1. Project Title: America's Tire Rezoning 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: Pamela Ricci, Senior Planner(805) 781- 7168 4. Project Location: 1445, 1443 & 1433 Calle Joaquin, San Luis Obispo, CA 5. Project Sponsor's Name and Address: America's Tire Company 20225 N. Scottsdale Rd. Scottsdale, AZ 85255 6. General Plan Designation: Tourist Commercial 7. Zoning: C-T, Tourist Commercial 8. Description of the Project: , } j, c-s-pa 1135=e Joaq G �"S sw��wnatGss, The applicant, America's Tire EXW VVU.MW l.' 177 Aa Company, has applied for a teas GCe JOavu:n General Plan Amendment and &IsMSeau:naeervkC NCom Ir.an Rezoning of 1443 Calle t05ures (C-Ssj !,}yF•. Joaquin. The project site is y already developed, zoned C-T °.T ,"3 Calle doaquln s Existing:Tourist Commercial(C-T) (Tourist Commercial) and _- Proposed:Service Commeraet(C-S.5) V - FxlSting Use:Restaurant designated as Tourist �• /�aaeAc es Commercial on the General �' ''"` F ' Plan Land Use Map. The �a applicant has requested a General Plan Amendment and Figure 1. Vicinity Map ' Rezoning of the site to C-S (Service Commercial) to allow a broader range of uses at the site and to complement surrounding development. Physical changes proposed are to demolish the existing Starlet Cafe structure and to construct a new 6,947 square-foot commercial building in the northern portion of the lot to accommodate the sale and installation of automobile tires. PH2-24 Attachment 4 This application also proposes rezoning the adjacent C-T properties to C-S to have a more logical land use pattern and to avoid a spot zoning. The affected adjacent properties are the AAA office at 1445 Calle Joaquin and the Motel 6 property at 1433 Calle Joaquin. The AAA site is 1.05 acres in size and is developed with a single-story commercial building containing about 6,400 square feet. The business employs about 25 employees. The Motel 6 property consists of 1.77 acres and is developed with an 86-unit motel and one apartment that were originally built in 1973. The business employs about 20 people. This initial study evaluates the proposed General Plan and Zoning Amendments for all three properties as well as evaluates the potential impacts associated with the redevelopment of the property at 1443 Calle Joaquin to accommodate a new tire store. 9. Project Entitlements: The project proposes the following: 1. General Plan Amendment to change the General Plan Land Use Map from Tourist Commercial to Services and Manufacturing. 2. Zone Map Change to change the zoning from C-T to C-S-S (Service Commercial with the Special Consideration overlay). 10. Surrounding Land Uses and Settings: The subject property, which is addressed as 1443 Calle Joaquin, is approximately 0.88 acres (38,836 square-feet) in size. The property is developed with a 6,947 square-foot building; previously the Starlet Cafe. The abutting properties are the Motel 6 to the northeast and AAA automobile club office to the west. The properties beyond the abutting sites to the north and west are zoned Service- Commercial (C-S), and are developed with motor vehicle sales lots. The two properties to the south, across Calle Joaquin, are zoned Tourist Commercial (C-T), and are developed with a restaurant (Zaki's Golden Waffles), and a Gas Station/Convenience Store. The subject property is bordered on the east/southeast by U.S. Highway 101. 11. Other public agencies whose approval is required: County Airport Land Use Commission CITY OF SAN LUIS OBISPO Z INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 PH2-25 Attachment 4 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a"Potentially Significant Impact'as indicated by the checklist on the following pages. Aesthetics Greenhouse Gas Emissions Population/Housing Agriculture Resources -X- Hazards&Hazardous Public Services Materials Air Quality - X Hydrology/Water Quality Recreation Biological Resources -X Land Use/Planning Transportation/Traffic -X-" Cultural Resources Mineral Resources Utilities/Service Systems Geology/Soils �X Noise Mandatory Findings of Significance FISH AND GAME FEES The Department of Fish and Game has reviewed the CEQA document and written no effect determination request and has determined that the project will not have a potential effect on fish,wildlife,or habitat(see attached determination). The project has potential to impact fish and wildlife resources and shall be subject to the payment of Fish X 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)). CITY OF SAN LUIS OBISFO 3 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 PH2-26 - Attachment 4 DETERMINATION fTo be completed by the Lead Agency): On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been -X=' made, by or 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 EIR. or NEGATIVE DECLARATION pursuant to applicable standards, and (2) have been avoided or mitigated pursuant to that earlier EIR of NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Pntc,Aorv�,r� 3l to 111 Signature Date Dou`1 .1J CEJ`I O( S O vL For:John Mandeville, Printed Nameo Community Development Director CITY OF SAN LUIS OBISPO 4 INITIAL STUDY ENVIRONMENTAL CHECKLISTM2_27 -= Attachment 4 EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. 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. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect may be significant. If there are one or more"Potentially Significant Impact" entries when the determination is made,an EIR is required. 4. "Negative Declaration: Less Than Significant With 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 19, "Earlier Analysis," as described in(5) below,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)). 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 the 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 addressed site-specific conditions for the project. 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. 8. The explanation of each issue should identify: a) the significance criteria or threshold,if any,used to evaluate each question;and b) the mitigation measure identified,if any,to reduce the impact to less than significance CITY OF SAN LUIS OBISYO S INITIAL STUDY ENVIRONMENTAL CHECKLIST 201 PH2-28 Attachment 4' Issues, Discussion and Supporting Information Sources Sources Potenaai;y Less Than Less Than No Significant Significant Significant Impact ER # 70-10 (Calle Joaquin General Plan Amendment & Issues Miti gtation Imppact Rezoning) Incorporated 1.AESTHETICS. Would theproject: a) Have a substantial adverse effect on a scenic vista? 1,2 —X-- b) Substantially damage scenic resources,including,but not limited to,trees,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 3 —X-- adversely affect day or nighttime views in the area? Evaluation a),c),d) Los Osos Valley Road and Highway 101 are nearby roadways that are designated in the Conservation and Open Space (COE) Element (Figure ll) as having view corridors of"High Scenic Value." Policy 9.2.1 of the COE and Policy 15.0.1 of the Circulation Element mandate that new development projects not wall off scenic roadways and block views and that the ARC in reviewing the specifics of development take into consideration the protection of view corridors. The proposed changes to the General Plan and Zoning Map designations of the site will 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. The proposed America's Tire Company project at 1443 Calle Joaquin would demolish the existing restaurant structure and construct a new building at the northern portion of the lot which is of a similar scale. With review of development plans by City staff and the ARC for compliance with Section 17.23.050 of the Zoning Regulations(Night Sky Preservation),the project will not create a new source of light or glare that result in new significant impacts. Conclusion: Less Than Significant Impact The aesthetic concerns associated with site development at 1443 Calle Joaquin will be addressed with the Architectural Review Commission's review of specific plans to redevelop the City consistent with the Community Design Guidelines. Any further changes in the future to the other two sites proposed for rezoning would also be subject to architectural review. No further mitigation is required. 2.AGRICULTURE RESOURCES.Would theproject: a) Convert Prime Farmland,Unique Farmland,or Farmland of --X— Statewide Importance(Farmland),as shown on the maps pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency,to non-agricultural use? b) Conflict with existing zoning for agricultural use or a —X— Williamson Act contract? c) Involve other changes in the existing environment which,due to --X— 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, 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 onsite or offsite agricultural resources are anticipated with a general plan amendment and zoning re- classification of the project site,or by the proposed project. Conclusion No impact. 3. AIR QUALITY. Where available,the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.Would theproject: a) Conflict with or obstruct implementation of the applicable air I I I —X— CITY OF SAN LUIS OBIsPO 6 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 PH2-29 Attachment 4 Issues, Discussion and Supporti6§ Information Sources Sources Potentially Less Than Less Than No Significant Significant Significant Impact Joaquin General Plan Amendment & Issues with Impact ER # 70-10 (Calle Joa q Mitigation Rezoning) Incorporated quality plan? b) Violate any air quality standard or contribute substantially to an existing or or projected air quality violation? . c) Result in a cumulatively considerable net increase of any criteria pollutantforfor which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant 4, 5 --X-- --X-- concentrations? e) Create objectionable odors affecting a substantial number of --X-- people? Evaluation a-e)The proposed changes to the General Plan and Zoning Map designations of the site will not result in new significant long- term operational air quality impacts. Motor vehicles account for about 40%of the precursor emissions responsible for ozone formation, and are also a significant source of PMIa. Future C-S uses would likely result in fewer auto trips to and from the site than those associated with typical Tourist Commercial uses like restaurants and motels (see discussion in Section 16, Transportation/Traffic). However, during proposed construction of the new tire store at 1443 Calle Joaquin, there will be increased levels of fugitive dust associated with construction and grading activities, as well as construction emissions associated with heavy-duty construction equipment. Construction-related emissions would primarily be dust(particulates)generated from soil disturbance and combustion emissions generated by construction equipment. Such dust generation was determined to be a potentially short-term significant impact on air quality that could lead to established state and federal thresholds for regional or local air quality being exceeded or potential conflicts arising with City and County air quality plans or programs. The City has addressed these construction related impacts through standards in the Grading Ordinance. Compliance with these standards is monitored during the building permit plan check process and by field inspections conducted by Building Division inspectors. All secondary effects caused by construction are expected to be short term. Conclusion: Less Than Significant with Mitigation Incorporated. Mitigation Measure: During construction/ground disturbing activities, the applicant shall implement the following particulate (dust) control measures. These measures shall be shown on grading and building plans. In addition,the contractor shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. Their duties shall include holiday and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the Community Development Department prior to commencement of construction. a. Reduce the amount of disturbed area where possible. b. Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency will be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible. c. Dirt stock pile areas(if any)should be sprayed daily as needed. d. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. e. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard(minimum vertical distance between top of load and top of trailer) in accordance with California Vehicle Code Section 23114. 4. BIOLOGICAL RESOURCES. Would theproject: a) Have a substantial adverse effect,either directly or through -X-- CITY OF SAN LUIS OBISPO 7 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 PH2-30 Attachment 4 Issues, Discussion and Supporting Information Sources Sources Potenuatly Less Than Less Than No Significant Significant Significant Impact with ER # 70-10 (Calle Joaquin General Plan Amendment & sues Mitigation Impact Rezoning) Incorporated 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 3 --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) Have a substantial adverse effect on federally protected wetlands --X— as defined in Section 404 of the Clean Water Act(including,but not limited to,marsh,vernal pool,coastal,etc.)through direct removal,filling,hydrological interruption,or other means? 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 native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting -X— biological resources,such as a tree preservation policy or ordinance? 0 Conflict with the provisions of an adopted habitat Conservation —X-- Plan,Natural Community Conservation Plan,or other approved local,regional,or state habitat conservationplan? Evaluation The project site consists of a developed lot, last used as a restaurant, surrounded by developed properties and paved roadways. Prefumo Creek is located in the western portion of the project site. A 90-foot wide public drainage and utility easement is located on the western 45 feet of 1443 Calle Joaquin and the eastern 45 feet of 1445 Calle Joaquin(AAA). 1443 Calle Joaquin has had agreement since the restaurant building was constructed in 1978 to allow the parking lot area to encroach about 14 feet into the required easement. Recently the Public Works Department and Natural Resources Manager indicated their support for allowing the continued use of this area for parking as long as the encroachment was limited to its current extent. Plans submitted for the redevelopment of the site indicate that new improvements will not encroach any closer to the creek corridor than the existing parking lot. The site was developed before the City's Creek Setback Ordinance required specific setbacks for projects along creek corridors. However, the parking lot as developed is close to complying with the 20-foot creek setback since the creek channel lies about 18 feet from the edge of the existing parking lot. The creek has been realigned in this vicinity from its natural pattern and the corridor at this location has some concrete reinforced banks and invasive plant species,but does provide a thick variety of shrubs and trees which provide a relatively healthy habitat for plants and animals. Conclusion: Less Than Significant Impact/No Impact 5. CULTURAL RESOURCES. Would theproject: a) Cause a substantial adverse change in the significance of a -X— historic resource as defined in§15064.5. b) Cause a substantial adverse change in the significance of an 6 -X— archaeological resource pursuant to§15064.5) 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 ZCITY of SAN LUIS OBISPO 8 INITIAL STUDY ENVIRONMENTAL CHECKLIST 15ft2-31 Attachment 4 Issues, Discussion and Supporting Information Sources Sources Potentially Less Than Less Than No Significant Significant Significant Impact Joaquin General Plan Amendment & Issues with Impact ER # 70-10 (Calle Joa q Mitigation Rezoning) Incorporated The property does not contain any known historic resources or former historic structures. The site is substantially covered with existing improvements including asphalt driveways, and a restaurant building that was constructed in the 1970'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. Pursuant to Government Code Section 65352.3 (Senate Bill 18), the City consulted with California Native American Tribes about the proposed General Plan Amendment and rezoning for the purpose of protecting traditional tribal cultural places and sacred sites. Responding tribal groups did not have issues with the project. No known paleontological sites exist within the project site or vicinity. The site even prior to development with the existing restaurant building 30 years ago has been heavily disturbed by past farming operations, redirection of the creek channel and fill and re-compacting activities. Because of the site history and relatively small size of the property,a Phase 1 archaeological survey was not required. However,the site is located next to a creek corridor and will involve fairly substantial grading activities. For these reasons, standard archaeological mitigation measures are included. Conclusion Less Than Significant with Mitigation Incorporated. Mitigation Measures: If excavations encounter significant paleontological resources, archaeological resources, or cultural materials, then construction activities that may affect them shall cease until the extent of the resource is determined and the Community Development Director approves appropriate protective measures. The Community Development Director shall be notified of the extent and location of discovered materials so that a qualified archaeologist may record them. If pre-historic Native American artifacts are encountered, a Native American monitor should be called into work with the archaeologist to document and remove the items. Disposition of artifacts shall comply with state and federal laws 6. GEOLOGY AND SOILS. Would theproject: a) Expose people or structures to potential substantial adverse __X_ effects,including the risk of loss,injury or death involving: I. Rupture of a known earthquake fault,as delineated on 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?Refer to Division of Mines and Geology Special Publication 42, Il. Strong seismic ground shaking? 7, 8 _X__ Ill. Seismic-related ground failure,including liquefaction? IV. Landslides? Landslides? b) Result in substantial soil erosion or the loss of topsoil? __X__ c) Be located on a geologic unit or soil that is twistable,or that __X_ would become unstable as a result of the project,and potentially result in on or off site landslide,lateral spreading,subsidence, liquefaction or collapse? d) Be located on expansive soil,as defined in Table 1802.3.2 of the 9 _X__ California Building Code(2007),creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic __X__ tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? CITY OF SAN LUIS OBISPO 9 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 PH2-32 Attachment 4 Issues, Discussion and Supporting Information Sources sources Potentially Less Than Less Than No Significant Significant Significant Impact Joaquin General Plan Amendment & Issues with Impact ER # 70-10 (Calle Joa 4 Mitigation Rezoning) Incorporated Evaluation a) 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. d) 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. Conclusion: Less Than Significant Impact/No Impact 7. GREENHOUSE GAS EMISSIONS. Would theproject: a) Generate greenhouse gas emissions,either directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted --X-- for the purpose of reducing the emissions of greenhouse gases? Evaluation a) As discussed in Section 16, Transportation/Traffic, the one proposed short-term change in use with the proposed rezoning of the three properties is America's Tire Company where there will be a net decrease in daily vehicle trips generated form the site. The determination was made in Section 3, Air Quality that the project will not result in new significant long-term operational air quality impacts. Therefore, greenhouse gas emissions associated with the project are not considered significant. b) No local or regional plans to reduce GHG emissions are currently in place. Therefore,the project would not conflict with any applicable plan,policy or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases Conclusion:Less Than Significant Impact/No Impact 8. HAZARDS AND HAZARDOUS MATERIALS. Would the pro'ect: a) Create a significant hazard to the public or the environment _X__ through the routine transport,use,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) 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,would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or,where such a plan has not been adopted,within two miles of a public 10 airport or public use airport,would the project result in a safety hazard for people residing or working in the project area? 0 For a project within the vicinity of a private airstrip,would the project result result in a safety hazard for people residing or working in the project area? GO CITY OF SAN LUIS OBISPO 10 INITIAL STUDY ENVIRONMENTAL CHECKLIST-21110 3 r Attachment 4 Issues, Discussion and Supporting Information Sources Sources Potentials Less Than Less Than No Significant Significant Significant impact ER # 70-10 (Calle Joaquin General Plan Amendment & issues with impact Mitigation Rezoning) Incorporated g) Impair implementation of or physically interfere with an adopted --X-- emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of-lese-loss, __X__ injury,or death involving wildland fires,including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Evaluation e) The project sites are designated in the Airport Land Use Plan (ALUP) as being within Safety Areas S-lb, S-1c, and S2. Section 5 of the ALUP includes Table 5.3 which provides guidance on land use compatibility of various uses within this safety zones. If these properties were vacant the ALUP would allow a density of 75 people per acre on the parcels located within Safety Areas lb and Ic. Approximately half of the one-acre property at 1445 Calle Joaquin is in Safety Area 2 increasing the potential non-residential density figures for that site to 150 people per acre. The ALUC has no authority to require modifications to existing land uses,even if the existing uses are not consistent with the ALUP. However, the redevelopment of any of the sites with a new use would need to be consistent with the ALUP. The proposed tire store would generate a non-residential density of 35 people. This density is consistent with the upper threshold of 67 people(0.89 acre x 75=67). Given the request for a General Plan Amendment and rezoning, the Airport Land Use Commission (ALUC) reviewed the project at a hearing held on February 16, 2011. The ALUC determined that the project was consistent with the San Luis Obispo County Regional Airport Land Use Plan. Standard requirements included in the ALUC's consistency finding are listed below as project mitigation measures. Conclusion Less Than Significant with Mitigation Incorporated. Mitigation Measures: All owners, potential purchasers, occupants (whether as owners or renters), and potential occupants (whether as owners or renters) will receive the disclosure document approved by the Airport Land Use Commission in conjunction with this review prior to entering any contractual obligation to purchase,lease,rent,or otherwise occupy any property or properties within the airport area. Avigation easements will be recorded for the subject property(if one has not already been recorded). 9. HYDROLOGY AND WATER QUALM. Would theproject: a) Violate any water quality standards or waste discharge 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 or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area,including through the alteration of the course of a stream or river,in a manner which would result in substantial erosion or siltation on or off site? d) Substantially alter the existing drainage pattern of the site or __X__ area,including through the alteration of the course of a stream or lRa CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 4 Attachment 4 Issues, Discussion and Supporting Information Sources Sources Potentially Less Than Less Than No Significant Significant Significant Impact Joaquin General Plan Amendment & Issues with Impact ER # 70-10 (Calle Joa q Mitigation Rezoning) Incorporated river,or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off site? e) Create or contribute runoff water which would exceed the --X-- capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? _X__ g) Place housing within a 100-year flood hazard area as mapped on --X-- a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which __X__ would impede or redirect flood flows? i) Expose people or structures to significant risk of loss,injury or __X__ death involving flooding,including flooding as a result of the failure of a levee or dam? j) Inundation by seiche,tsunami,or mudflow7 --X-- Evaluation c) The proposed project is to demolish the existing Starlet Cafe and reconstruct a building at the northern portion of the site. The new structure will not increase runoff to a level significantly above that which is generated by the currently developed lot. The proposed project does include landscape improvements which will serve to decrease runoff on the project site. Land Use Element Policy 6.4.5 encourages the use of porous paving,landscaping,or other design elements to reduce surface water runoff and aid in the ability for surface drainage to percolate effectively into the soil. Consistent with this policy and the Low Impact Development guidelines required in the City's Storm Water Management Program, new construction will be required to utilize Best Management Practices in handling site drainage and runoff. The existing curb and gutter and overside drain to Prefumo Creek may need to be repaired or replaced where damaged. Drainage from the parking lot appears to overtop the curb upstream from the designed outlet. The overtopping has created some limited bank erosion. Through the review of the required architectural review application,changes to drainage patterns and any need for creek bank restoration can be adequately evaluated with the grading and landscaping plans. e) With the project site abutting Pref rno Creek, properly directing and clarifying surface drainage is especially critical to protecting water quality and the health of the riparian habitat. Any development involving substantial parking areas or the servicing of vehicles may result in petroleum-contaminated drainage polluting nearby surface waters. Discharge of any pollutants(e.g. herbicides, pesticides,janitorial cleaning products, and toxic substances such as motor oil,gasoline, and anti- freeze) or heated water(e.g.from steam cleaning sidewalks) into a storm water system or directly into surface waters is illegal and subject to enforcement action by the Regional Water Quality Control Board. The project should be designed to contain improvements and facilities to prevent toxic pollutants and cleaning products from discharging into nearby surface waters. Conclusion: Less than significant with mitigation incorporated. Mitigation Measure Oil and sand separators or other filtering media shall be installed at each drain inlet intercepting runoff as a means of filtering toxic substances from run off before it enters the creek directly or through the storm water system. The separator must be regularly maintained to ensure efficient pollutant removal. Asan alternative, or possibly in addition to, the applicant may install porous pavers in the parking lot area to allow for natural filtering of pollutants by the soil, to the approval of the Natural Resources Manager,Community Development Director,and the Architectural Review Commission. h) 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. `w/ CITY OF SAN Luis OBISPO 12 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 5 Attachment 4 Issues, Discussion and Supporting Information Sources Sources Potentially Less Than Less Than No Significant Significant Significant Impact Joaquin General Plan Amendment & Issues with Impact ER # 70-10 (Calle Joa Q Mitigation Rezoning) Incorporated Conclusion: Less than significant with mitigation incorporated. Mitigation Measure: The applicant shall provide the Director of Public Works with a detailed hydraulic analysis, which indicates how the project will comply with the requirement to have a design capacity for a 100-year storm. The analysis shall also include any needed channel erosion control protection to the satisfaction of the Director of Public Works,Natural Resources Manager, and other regulatory agencies overseeing creek work. 10. LAND USE AND PLANNING. Would theproject: a) Physically divide an established community?b) ConflictConflict with any applicable land use plan,policy,or regulation __X__ of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural X__ communityconservationplan? Evaluation The project involves changing the Land Use designation and zoning of the property at 1443 Calle Joaquin to allow auto sales on property currently reserved for tourist-serving uses.The existing land use,a restaurant, is allowed within both the existing and proposed land use categories. The proposed use,automobile tire sales and installation,is not allowed within the existing land use district but would be allowed if the property is changed to Services and Manufacturing (C-S, 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 auto sales uses to be located in this area. The proposed tire store would be considered a complementary use to nearby auto dealerships. However,the new use might result in noise impacts to the adjacent motel if development of the site was not properly buffered and hours of operation controlled. This application also proposes rezoning the adjacent C-T properties to C-S to have a more logical land use pattern and to avoid a spot zoning. The affected adjacent properties are the AAA office at 1445 Calle Joaquin and the Motel 6 property at 1433 Calle Joaquin. The current use of the AAA office at 1445 Calle Joaquin is categorized in the City's zoning regulations as a "business and service" office. This type of use is allowed in the C-S zone with an administrative use permit, but is not permitted in the current C-T zone. Therefore, the office use is considered a legal non-conforming use which means that it can continue indefinitely as developed, but could not be re-established if destroyed by fire or other natural disaster and may not be expanded. With the proposed change in zoning to C-S,the use would be considered an allowed use and would not be subject to the same restrictions as it is currently under. The Motel 6 property at 1433 Calle Joaquin is an allowed use in the existing C-T zone,but would be considered a legal non- conforming use if the site if rezoned to C-S. A legal non-conforming use can continue indefinitely as developed, but could not be re-established if destroyed by fire or other natural disaster and may not be expanded. Acknowledging that this may be a hardship to the property owner of a long-standing business on the site, City staff would suggest that an "S Special Consideration overlay be applied to the rezoning. With the "S" overlay, City staff would recommend a condition that would acknowledge the current motel use and allow it to be redeveloped to its current intensity if involuntarily destroyed. For potential resale or redevelopment in the future, the proposed C-S zoning provides a wider range of possible uses than the current C-T zone does. Nearby parcels along Los Osos Valley Road are zoned with a Special Considerations(S)overlay zone to ensure that new land CITY OF SAN LUIS CiBISPo 13 INITIAL STUDY ENVIRONMENTAL CHECKLISTPA2-36 - Attachment 4 Issues, Discussion and Supporting Information Sources Sources Potentially Less Than Less Than No Significant Significant Significant Impact Joaquin General Plan Amendment & issues with Impact ER # 70-10 (Calle Joa q Mitigation Rezoning) Incorporated 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 and address specific site development challenges that may occur such as flood hazards, and land use and noise impacts. In the case of the three properties discussed above that are part of the current rezoning request, there appear to be advantages to adding the S overlay to the sites. The purpose of the S overlay would not be to restrict uses to auto sales, but to direct development of the center site proposed for redevelopment, to limit uses that may not be appropriate because of the location or trip generation for all sites, and to protect the long-standing motel use that would become non-conforming. 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. Conclusion: Less than significant with mitigation incorporated. Mitigation Measure: As part of the re-zoning a Special Considerations "S" overlay zone shall be applied to all three properties 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. Creek habitat protection. c. Location within the Airport Land Use Plan Safety Zones S-2,S-1c,and S-lb. d. Prohibit certain allowable and conditionally allowable uses at the site to eliminate future traffic impacts. e. Protect the ability of the Motel 6 to be redeveloped to its current intensity if involuntarily destro ed. 11. MINERAI.RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource __X__ that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally-important mineral --X-- resource recovery site delineated on a local general plan, specific plan or other land use plan? Evaluation No known mineral resources are known to the project site or immediate vicinity. Conclusion: No impact. 12.NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of --X-- standards established in the local general plan or noise ordinance,or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbome --X-- vibration or groundbome noise levels? c) A substantial permanent increase in ambient noise levels in the 11 __X_ project vicinity above levels existing without the project'? d) A substantial temporary or periodic increase in ambient noise levelsinin the project vicinity above levels existing without the project? e) For a project located within an airport land use plan,or where such a plan has not been adopted,within two miles of a public airport or or public use airport,would the project expose people residing or working in the project area to excessive noise levels? CITY OF SAN LUIS OBISPo 14 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 PH2-37 All achment 4 Issues, Discussion and Supporting Information Sources Sources Potentialiy 1.essThan t.essThan No Significant Significant Significant Impact Joaquin General Plan Amendment & Issues with Impact ER # 70-10 (Calle Joa 4 Mitigation Rezoning) Incorporated f) For a project within the vicinity of a private airstrip,would the project expose people residing or working in the project area to __X__ 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 existing ambient noise levels.However,the operational characteristics of the America's Tire Company use proposed at 1443 Calle Joaquin will generate a new source of noise from tools and equipment used in the service bays. For this reason, the applicant hired a noise consultant to provide a sound level assessment. A sound level assessment was prepared by David Lord of 45db.com on February 10,2011 and is attached to this initial study(Attachment 2). The sound level assessment shows that due to the southern orientation of the service bays the sound generated by America's Tire Company will be projected into the parking lot at a level of 75 dBA(up to 30 feet from the service bay doors)and lowering to 59 dBA as it emanates from the service bays in a southerly direction.The noise analysis shows the most significant source of noise is Highway 101 which borders the property to the southeast. Motel 6,on the adjacent property to the north is the most sensitive noise recipient(in relation to the sound generated from the proposed America's Tire Company use)and currently receives approximately 65 dBA of noise from Highway 101 (see Figure 3 of the attached sound level assessment). However, figure 5 of the sound level assessment shows with the proposed America's Tire Company building in place and in use, the noise from Highway 101 will be reduced to 62 dBA due to the building blocking some of the sound which currently reaches the Motel 6 building. The City of San Luis Obispo General Plan Noise Element Table 2 shows the maximum allowable noise exposure for stationary noise sources is 50 dB, measured over a one-hour period. The current level of noise received by Motel 6 is approximately 63 dBA; emanating from Highway 101. The America's Tire Company building actually mitigates the level of noise received by Motel 6 from Highway 101 and lowers this level to approximately 62 dBA at the property line between the proposed America's Tire Company project site and the Motel 6 property. Although, the level of noise received by Motel 6 is above the allowed 50 dB limit, this is due to existing noise from Highway 101. The amount of noise created by the proposed America's Tire Company use projecting onto the Motel 6 property is approximately 59 dBA at the property line between the two uses and lowers to 51 dBA advancing past the property line(see figure 2 of the attached sound level assessment). While the proposed America's Tire Company use does not create a significant new source of noise, incorporation of sound mitigation along the shared property line with Motel 6 will further attenuate noise levels for the motel property consistent with noise level limits set forth in the City of San Luis Obispo General Plan Noise Element Table 2. Conclusion: Less than significant with mitigation incorporated. Mitigation Measure: The applicant shall include a sound mitigation wall at the northern property line bordering the Motel 6 property to limit amount of noise projected onto the Motel 6 property to 50 dBA, and to provide a barrier between the two uses. The height, length,and color of which shall be to the review and approval of the Architectural Review Commission. 13. POPULATION AND HOUSING. Would theproject: a) Induce substantial population growth in an area, either directly --X-- (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating theconstructionconstruction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of of lacement 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 CITY OF SAN LUIS OBISPO 15 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 PH2-38 Attachment 4 Issues, Discussion and Supporting Information Sources Sources Potentially Less Than Lessrnan No Significant Significant Significant Impact ER # 70-10 (Calle Joaquin General Plan Amendment St Issues with Impact 4 Mitigation Rezoning) Incorporated service land use, and allowing the demolition and reconstruction of a building for a discount tire store. 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. Conclusion: No impact. 14.PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental 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? --X- d) Parks? --X-- e Other public facilities? --X-- Evaluation The project will.not create significant impacts to local public services since the sites are currently developed and located within a developed area of the City that is currently served by City utilities and associated infrastructure. The sizes of the sites and proposed zoning would allow only minor changes that would create less than significant impacts to public services. Conclusion: No impact. 15.RECREATION. a) Would the project increase the use of existing neighborhood or regional parks parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project-include recreational facilities or require the —X— construction or 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 to rezone the property to allow a use of similar intensity, and the construction of the America's Tire Co. building and site redevelopment will not increase the use of parks nor does it include recreational facilities or necessitate their expansion. Conclusion: No impact. 16. TRANSPORTATION/TRAFFIC. Would theproject: a) Conflict with an applicable plan,ordinance or policy 12 --X-- establishing measures of effectiveness for the performance of the circulation system,taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system,including but not limited to intersections,streets,highways and freeways, pedestrian and bicycle paths,and mass transit? b) Conflict with an applicable congestion management program, --X-- including,but not limited to level of service standards and travel demand measures,or other standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns,including either an —X-- CITY OF SAN LUIS OBISPO 16 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 PH2-39 Attachment 4 Issues, Discussion and Supportitig Information Sources Sources Potentially Less Than Less Than No Significant Significant Significant Impact Joaquin General Plan Amendment & Issues with Impact ER # 70-10 (Calle Joa q Mitigation Rezoning) Incorporated increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature(e.g.' —X-- sharp curves or dangerous intersections)or incompatible uses (e.g. farm equipment)? e) Result in inadequate emergency access? --X-- f) Conflict with adopted policies,plans,or programs regarding public transit,transit,bicycle,or pedestrian facilities,or otherwise decrease the performance or safety of such facilities? FT I Evaluation b)The land use amendment will ultimately result in the site being utilized for a less intensive use than the previous restaurant use. According to the Institute of Transportation Engineers (ITE) Trip Generation Manuals, a tire store has an average daily trips(ADT)average.of about 25 trips per 1,000 square feet of floor area. The proposed store has a floor area of 6,947 square feet resulting in an ADT calculation of 174 trips. The existing restaurant building has 2,835 square feet of floor area. While the building size of the existing restaurant building is substantially smaller then the proposed tire store, the ITE trip generation rate for a restaurant use is about 127 trips per 1,000 square feet of floor area.Therefore,the previous restaurant resulted in an ADT calculation of 360 trips. d) With redevelopment, the number of driveway approaches to the site will be reduced from two to one. Therefore, traffic flow to the site will be constrained to one location along the street corridor. This will limit the locations where there may be potential safety conflicts between traffic entering and exiting the site and vehicles traveling on Calle Joaquin. Conclusion: No impact. The proposed General Plan amendment and subsequent zone change is not likely to create significant impacts to area transportation or traffic. 17.UTII.IMS AND SERVICE SYSTEMS. Would the ro'ect: 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 --X-- or wastewater treatment facilities or expansion of existing facilities,the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainagefacilitiesfacilities or expansion of existing facilities,the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources,or are new and expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves 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 commitments? f) Be served by a landfill with sufficient permitted capacity to —X— accommodate the project's solid waste disposal needs? g) Comply with federal,state,and local statutes and regulations -X— related to solid waste? Evaluation CITY OF SAN LUIS OBISPO 17 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 PH2-40 Attachment 4 Issues, Discussion and Supporting Information Sources Sources Potentially- Less Than Less Than No Significant Significant Significant Impact th ER # 70-10 (Calle Joaquin General Plan Amendment & issues Mid tion Impact Rezoning) Incorporated The project will not create significant impacts to local utilities and service systems since the sites are currently developed and located within a developed area of the City that is currently served by City utilities and associated infrastructure.The sizes of the sites and proposed zoning would allow only minor changes that would create less than significant impacts to. local utilities and service systems Conclusion: No impact. 18.MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the --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 ma'or periods of California history or prehistory9 N/A b) Does the project have impacts that are individually limited,but —X-- Cumulatively 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 -X— substantial adverse effects on human beings,either directly or indirectly? N/A CITY OF SAN LUIS OBISPO 18 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 PH2-41 Attachment 4 19.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 Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions of the project. 20. SOURCE REFERENCES. 1. City of SLO Conservation&Open Space Element,2006. 2. City of SLO Circulation Element,last revised Aril 4 2006. 3. City of San Luis Obispo ZoRjRg Regulations,December 2010. 4. Clean Air Plan for San Luis Obispo County,Air Pollution Control District,2001. 5. CEQA Air Quality Handbook,Air Pollution Control District,2003. 6. City of San Luis Obispo Archaeological Resource Preservation Program Guidelines,October 2009. 7. City of SLO General Plan Safety Element,July 2000 8. San Luis Obispo Quadrangle Map,prepared by the State Geologist in compliance with the Alquist-Priolo Earthquake Fault Zoning Act,effective January 1, 1990 9. California Buil ' Code(2007). 10. County ort Land Use Plan dated May 18,2005. 11. Sound Level Assessment for America's Tire Company r ared by David Lord dated 2-14-11. 12. Institute of Transportation Engineers ITE Trip Generation Manuals. Attachments: 1. America's Tire site plan for 1443 Calle Joaquin 2. Noise study. REQUIRED NUTIGATION AND MONITORING PROGRAMS AM OUALITY Mitigation Measure I During construction/ground disturbing activities, the applicant shall implement the following particulate (dust) control measures. These measures shall be shown on grading and building plans. In addition, the contractor shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. Their duties shall include holiday and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the Community Development Department prior to commencement of construction. a. Reduce the amount of disturbed area where possible. b. Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency will be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible. c. Dirt stock pile areas(if any)should be sprayed daily as needed. d. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. PH2-42 Attachment 4 Issues, Discussion and Supporting Information Sources Sources Potentially Less Than Less Than No Significant Significant Significant Impact ER # 70-10 (Calle Joaquin General Plan Amendment & Issues with Impact 4 Mitigation Rezoning) Incorporated e. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with California Vehicle Code Section 23114. • Monitoring Program: These conditions shall be noted on all project grading and building plans. The applicant shall present evidence of plan for complying with these requirements prior to issuance of a grading or building permit from the City. The applicant shall provide the City with the name and telephone number of the person responsible for ensuring compliance with these requirements. The Building Inspector and Public Works Inspectors shall conduct field monitoring. CULTURAL RESOURCES Mitigation Measures 2&3 If excavations encounter significant paleontological resources, archaeological resources, or cultural materials, then construction activities that may affect them shall cease until the extent of the resource is determined and the Community Development Director approves appropriate protective measures. The Community Development Director shall be notified of the extent and location of discovered materials.so that a qualified archaeologist may record them. If pre-historic Native American artifacts are encountered, a Native American monitor should be called into work with the archaeologist to document and remove the items.Disposition of artifacts shall comply with state and federal laws • Monitoring Program: Requirements for cultural resource mitigation shall be clearly noted on all plans for project grading and construction. The Community Development Director would intervene if significant discoveries are unearthed. HAZARDS AND HAZARDOUS MATERIALS Mitigation Measure 4&5: All owners, potential purchasers, occupants (whether as owners or renters), and potential occupants (whether as owners or renters) will receive the disclosure document approved by the Airport Land Use Commission in conjunction with this review prior to entering any contractual obligation to purchase, lease, rent, or otherwise occupy any property or properties within the airport area. Avigation easements will be recorded for the subject property(if one has not already been recorded). • Monitoring Program: Community Development Department staff would follow up with assuring that ALUC requirements were met prior to building permits for any new development on parcels. HYDROLOGY AND WATER QUALITY Mitigation Measure 6: Oil and sand separators or other filtering media shall be installed at each drain inlet intercepting runoff as a means of filtering toxic substances from run off before it enters the creek directly or through the storm water system. The separator must be CITY OF SAN LUIS OBISPO 20 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 PH2-43 Attachment 4 Issues, Discussion and Support,.,;;_.,ormation Sources Sources P LessTnan Less Than No Significant Significant Significant Impacr- ER # 70-10 (Calle Joaquin General Plan Amendment & issues with ►mpaet Mitigation Rezoning) Incorporated regularly maintained to ensure efficient pollutant removal. As an alternative, or possibly in addition to, the applicant may install porous pavers in the parking lot area to allow for natural filtering of pollutants by the soil, to the approval of the Natural Resources Manager,Community Development.Director,and the Architectural Review Commission(ARC). • Monitoring Program: Community Development staff would route specific development plans for the site to the Public Works Department and Natural Resources Manager for their input The ARC would review and approved site development plans. City staff would review plans for a building permit for implementation and follow up with site inspections. Mitigation Measure 7: The applicant shall provide the Director of Public Works with a detailed hydraulic analysis,which indicates how the project will comply with the requirement to have a design capacity for a 100-year storm. The analysis shall also include any needed channel erosion control protection to the satisfaction of the Director of Public Works,Natural Resources Manager,and other regulatory agencies overseeing creek work. • Monitoring Program: Public Works Department staff will coordinate with the Natural Resources Manager and verify compliance with their review of working drawings for a building permit and subsequent inspections. LAND USE Mitigation Measure 8: As part of the rezoning a Special Considerations "S" overlay zone shall be applied to all three properties 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. Creek habitat protection. c. Location within the Airport Land Use Plan Safety Zones S-2, S-lc,and S-1b. d. Prohibit certain allowable and conditionally allowable uses at the site to eliminate future traffic impacts. e. Protect the ability of the Motel 6 to be redeveloped to its current intensity if involuntarily destroyed. • Monitoring Program Community Development Department staff will oversee implementation of the rezoning. The Planning Commission will review the use permit required for the tire store at 1443 Calle Joaquin along with the rezoning. NOISE Mitigation Measure 9: The applicant shall include a sound mitigation wall at the northern property line bordering the Motel 6 property to limit amount of noise projected onto the Motel 6 property to 50 dBA,and to provide a barrier between the two uses.The height, length,and color of which shall be to the review and approval of the Architectural Review Commission. CITY OF SAN LUIS OBISPO 21 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 PH2-44 Attachment 4 Issues, Discussion and Supporting Information Sources Sources Potentially Less Than Less Than No Significant Significant Significant Impact wi ER # 70-10 (Calle Joaquin General Plan Amendment & Imes Miti Mitigation Fact Rezoning) Incorporated O Monitoring Program: The ARC will review project development plans including a proposal for the noise barrier. Community Development staff will review building permit plans for consistency with ARC conditions and inspect wall installation once constructed. G:\CD-PLANTRICCIIZOMNG\America's Tire(GPR 70-10)\Environmental Review\ER 70-10(1443 Calle Joaquin)draft initial study.doc CITY OF SAN Luis OBISPO 22 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 PH2-45 Attachment 4 Attachment 1 03 a' F5H 6ir .. .9l 1 5e 3 A§ f 3 ;3! ! 9 9 Fe s'I R; fill � I19 pC S , U o ¢ Q fit e r { �/. " '?�r :.i �� 160 \ .. • r �Jy Q 5� c 00.00 5 W a PH2-46 - - Attachment 4 Attachment 2 Sound Level Assessment for America's Tire Company 1443 Calle Joaquin San Luis Obispo, CA requested by Discount Tire Co. 20225 N. Scottsdale Rd.. Scottsdale,AZ 85255 February 14, 2011 45dB.com 299 Albert Drive David Lord, PH.D. San Luis Obispo California 93405 Acoustics Consulting tel. 8 0 5.7 0 4.8 0 4 6 email: dl@45db.com PH2-47 i 4 = Attachment 4 Sound Level Assessment America's Tire Company 1443 Calle Joaquin San Luis Obispo, CA 1.0 Description and Conclusions This is a report on a sound level assessment of the proposed tire store operation at the above address,with regard to acceptable noise levels on site and potential sensitive receptors to the northeast of the proposed building. Tire store operations are 8:00 AM to 6:00 PM (Mon-Fri), 8:00 AM to 5:00 PM(Sat),Closed Sundays. The site plan for the proposed building footprint is shown in "Figure 1. Site Plan"on page 4. The proposed tire store is bordered to the southeast by Calle Joaquin and also by U.S. Highway 101, which is the most significant transportation background noise source impacting the site. With regard to the noise impact of the San Luis Obispo County Regional Airport,the site is outside("less than")the Projected 50 dB airport noise contour on page 14-A of the Airport Land Use Plan, therefore airport noise does not have an adverse impact on this site. The Figure 5 Buildout Noise Contours of the Southern Section of San Luis Obispo show the site to be within the 70 dB buildout contour. Also,Table 2 of the City of San Luis Obispo Noise Guidebook shows the site to be within the 70 dB Buildout zone;less than 273 feet from center of roadway. These are hypothetical values which do not consider variations in terrain and. built environment. Measured sound levels may vary widely from these studies,due to changes in topography and built environment between the noise source and receivers. Nevertheless,the insertion of the America's Tire Company building between U.S. Highway 101 and other uses to the west improves and lessens impact of the received noise from the highway. The northeast boundary of the property is effectively protected from the brunt of noise from the tire operation because the open bays are oriented in the opposite direction, toward the southwest, as indicated in plan. Previous fire store acoustical studies at another location have shown typical noise levels generated from tire store operations,as shown in"Figure 2. Previous Sound Level Study for Tire Store, Huntington Beach."on page 5. This assessment makes the assumption that there is a sound level of Leq= 75 dBA at 30 feet from the bay doors. Noise level contours with no building in place are shown in"Figure 3.Noise Level Contours,Traffic Noise only, U.S. 101."on page 6. Sound level at the north comer is 63 dBA. Noise level contours with proposed building in place and noise from Highway 101 are shown in"Figure 4.Noise Level Contours, Traffic Noise only,U.S. 101"on page 7. This figure shows the noise contours attenuating to Leq=61 dBA at the north corner,nearest the potential sensitive receptors at the existing motel. During operation of the fire store,noise level of 62 dBA at the north comer is shown in "Figure 5.Noise Level Contours including fire operation and U.S. Hwy 101."on page 8. America's Tire page 2 02/14/2011 PH2-48 - _ Attachment 4 City of San Luis Obispo allowable hourly noise exposure for a stationary source indicates a maximum of 50 dBA is permitted; "Figure 6. Maximum Allowable Noise Exposure-Stationary Noise Sources"on page 9. However the ambient sound level at the north boundary in this instance is above 50 dBA. The presence of the building with its operation actually reduces sound levels from the freeway at the property boundary from 63 dBA to 62 dBA. by David Lord, February 14,2011 for 45dB.com America's Tire page 3 02/14/2011 PGI2-49 Attachment 4 Figure 1. Site Plan 'zC` Li • may.,� R +.�L�.•''��p' k^r� � `� V, ®A •' �c,13a ,\ _`, / \\\\ ``�~ "-'r, �I/� /r 'qP/ a8 "'�.�4' .q•f.S �£fY �� .g J ,ter- 4 Y t x ♦{� d�S - � � .2 'y}��'..i�..: µ.iv' '� f 1 l!A �f\�y rV...�iA(y'. ,' a -.� - 1 § n y�{j�. f►� e.�Y �YT._•. c�� «�Y / 'tl Y America's Tire page 4 02/14/2011 Put—S® Attachment 4 Figure 2. Previous Sound Level Study for Tire Store, Huntington Beach. z - 3 y - V , 1 ' .,.i..�J S g ♦ j R � i 1 j 4 111 L. 1 Y 1 i j 1 t � 3. :—�---=-----------------+ -------------- - J - czClv�xniirn5-� .. . America's Tire page 5 07/14/2011 PH2-51 Attachment 4 Figure 3. Noise Level Contours,Traffic Noise only, U.S. 101. Sound levels are shown with no building in place. Leq=dBA units over a one-hour period. Sound level at north comer is 63 dBA. pg `a• ii � nti' * •'}a� • '%y/'�.4'Cea} .Y ?'`IJ�T.F'r� a',Tx. r rr k ' +� - X14 ,_a��ti-r' a�. 'y„"� •e•' Jj r,�N-� �^1 •'�eW ^,r„M'�•*ao� 69 QED c• d - "��g "' 'r t i- k �` ./° `r•��,'. i - yam, C' 3 .o- � •�' ��}{. 'f.. y�b ., 12/• a _ i,,.�. ,,:�'� ,�.�.•Je.. _ ��� c`yE •(T`o a tri .�" \, �'t' {� '�FTh+. r u °.'� QP � .a• '.'y� � tr . V. k of v yr :x.�,^ Q�e - •y. act.„ E.5.;�7 > 45.0 dB FF o b; > 50.0 dB > 55.0 dB a> - �•.s /' i� > 60.0 d6 ti :. •�-.�' � � � 0 > 65.0 dB > 70.0 d8 f< tAa' b l/ a Z ��j � / .• �•^'� /rJ.f f yiy h �R. M l' i^ �r � L 1k • L' America's Tire page 6 02/14/2011 PH2-52 Attachment 4 Figure 4. Noise Level Contours, Traffic Noise only, U.S. 101. Sound levels are indicated in Leq=dBA units over a one-hour period. Sound level at north comer is 61 dBA. (rye 9_` !� � r>•n 4 / � 6 0 �, o '� ,J�•� 6� 4 � aw� ' l , s �ca,tyt � � ""�;•. x z. • e .4T i �1V _ �� �5 it �,. :V 69 F q •`3.�- �r. "'dQ .x', �'�"wa x��,� z aa,"" ,e'b,: OJ / A.�".�� .M1 - ®� jy 4U NJB ! `� �� d b •V FL r, i 4, '� °•r"5 ° i > 55.OdB sem[,=�tti t .� �. > 60.0 d6x Q'�,^ �a"rn1'1y� w •,, '> t "�� > 65.0 d8 > 70.0 dB ® .q > 75.0 dB rs America's Tire page 7 02/14/2011 P H 2-53 Attachment 4 Figure 5. Noise Level Contours including tire operation and U.S. Hwy 101. Sound levels are indicated in Leq=dBA units over a one-hour period. Sound level at north corner is 62 dBA. 's 62 114E ""1V. .'Y t r I•`y 65 •. � '0A " � - •�T -°, .e .gee i Q°e� ,. �� ,is° � r'. wV Irk#. .��" •sY c s. > 40.0 dB 19 -,z 0 > 45.O dB r t y a > 50.0 dB i ° - 55.0 dB . > 60.0d8 > 65.0 d8 70.0 ti > 75.0 f ,. + .+.� Z /1 '.� 'tia � •. 4�� �,ni Y3 i .ti sit America's Tire page 8 02/142011 PH2-54 Attachment 4 Figure 6. Maximum Allowable Noise Exposure-Stationary Noise Sources Table 2,page 4-7, San Luis Obispo General Plan Noise Element. Duration D. l . Hourly Leg in dB1'2 50 45 Maximum level in dB12 70 65 Maximum impulsive noise 65 60 in dB"' lAs determined at the property line of the receiver. When determining effectiveness of noise mitigation measures, the standards may; be applied on the receptor side of noise barriers or other property-line noise mitigation measures. Sound level measurements shall be made with slow meter response. ;Sound level measurements shall be made with fast meter response. Source: Brown-Buntin Associates I i I I America's Tire page 9 02/142011 PH2-55 Attachment 4 2.0 Acoustical Modeling Methods Noise Contour Modeling Noise contours incorporating the measured sound level values were generated using an acous- tical modeling program which was developed to predict hourly Leq values for point-source and linear sound sources.This computer modeling tool is an internationally accepted acoustical modeling software program,used by many acoustics and noise control professional offices in the U.S. and abroad.The software has been validated by comparison with actual values in many different settings. The program has a high level of reliability and follows methods specified by the International Standards Organization in their ISO 9613-2 standard,"Acoustics—Attenuation of sound during propagation outdoors,Part 2: General Method of Calculation."The standard states that,"this part of ISO 9613 specifies an engineering method for calculating the attenuation of sound during propagation outdoors in order to predict the levels of environmental noise at a distance from a variety of sources.The method predicts the equivalent continuous A-weighted sound pressure level ... under meteorological conditions favorable to propagation from sources of known sound emissions. These conditions are for downwind propagation ... under a well- developed moderate ground-based temperature inversion, such as commonly occurs at night." The computer modeling software takes into account source sound power levels,surface reflection and absorption, atmospheric absorption, geometric divergence,meteorological conditions,walls, barriers,berms,and terrain variations. The acoustic modeling software uses a grid of receivers covering the project site. America's Tire page 10 07/14/2011 PH2-56 Attachment 4 Attachment 3. MY Of SM IUIS OB1SW Community Development Department Planning Division SERVICE-COMMERCIAL (C-S) ZONE This is a summary of provisions governing uses allowed in the service-commercial (C-S) zone. Consult the City of San Luis Obispo Zoning Regulations for additional information. Date Revised: August 9,2007 X eX G U oLia-d US�S 1. Allowed Uses: 4hrou3 h "cS oVeX l ay • Ambulance,taxi, and/or limousine dispatch facility ° ATMs • Auto and vehicle sales and rental • Auto parts sales,with installation • Auto parts sales,without installation ° Building and landscape material sales, indoor • Building and landscape material sales, outdoor • Business support services Caretaker quarters .0 Catering service Copying and Quick Printer Service ° Equipment rental ° Farm supply and feed.store X Fitness/health facility 4Ya;KIc-, pk9 ° Furniture, furnishings, and appliance stores • Laboratory—Medical, analytical,research,testing X Laundry, dry cleaning plant P,+® • Live/work units • Maintenance service, client site services Media Production—Broadcast studio X Mobile home,RV, and boat sales Office—Accessory Personal services Photo and film processing lab Photographer, photographic studio Printing and publishing Produce stand Public utility facilities ° Recreational vehicle as temporary dwelling (See Section 17.08.01 O.C.4) Repair service—Equipment, large appliances, etc. School—Specialized education/training *Director's approval on ground floor; allowed above. ** Refer to Supplemental Notes PH2-57 Attachment 4 SERVICE-COMMERCIAL(C-S) ZONE—page 2 Service station ° Studio—Art,dance,martial arts,music,etc. Transit stop Truck or freight terminal Vehicle services—Repair and maintenance—Major Vehicle services—Repair and maintenance-Minor Vending machine(See Section 17.08.050) ,K Veterinary clinic/hospital, boarding,small animal, indoor M0456 • Warehousing, indoor storage • Wholesaling and distribution 2. Uses Allowed with Director's or Chief Building Official's Approval by Letter: • Office—Temporary,real-estate sales office in tract(See Section 17.08.010.C.1) • Office—Temporary,on-site mobile home as a construction.office(See Section 17.08.010.C.2.a) . • Outdoor temporary and/or seasonal sales(See Section 17.08.020) 3. Uses Allowed with Director's Approval: Antennas and telecommunications facilities Banks and financial services` Bar/tavern A .Club, lodge,private meeting hall X Commercial recreation facility—indoor Construction and heavy equipment sales and rental Convenience store Crop production and grazin'g ° Day care—Day care center ° Extended hour retail Food bank/packaged food distribution center Fuel dealer(propane, etc.) Furniture and fixtures manufacturing, cabinet shop ° Manufacturing—Light Media production—Backlots/outdoor facilities and.soundstages ° Medical Service—Clinic, laboratory, urgent care** Medical Service—Doctor office** K Mortuary, funeral home X Nightclub ° Office—Processing" • Office—Production and administrative" • Office—Temporary, mobile home as a construction office not located on-site (See Section.17.08.01 O.C.2.b) ° Parades, Camivals, Fairs, Festivals (See Section 17.08.010.C.7) ° Parking facility • Parking facility-Temporary *Director's approval on ground floor; allowed above. ** Refer to Supplemental Notes PH2-58 Attachment 4 SERVICE-COMMERCIAL(C-S) ZONE—page 3 ° Personal services—Restricted Railroad facilities ° Recycling facilities—small collection facility ° Religious facility Restaurant Special event ° Storage yard Temporary or Intermittent Uses (See Section 17.08.010.C.8) Transit station or terminal Vehicle services—Carwash 9 Veterinary clinic/hospital, boarding, large animal < Veterinary clinic/hospital, boarding, small animal,outdoor • Warehouse stores—45,000 sf or less gfa ° Work/live units 1( 4. Uses Allowed with Planning Commission Approval: ° Airport ° Cemetery,mausoleum, columbarium Commercial recreation facility—Outdoor Heliport Homeless shelter - • Industrial research and development • Mixed-use project ° Parking facility—Multi-level" • Public assembly facility ° Sports and active recreation facility ° Theatre—Drive-in Warehouse stores—more than 45,000 sf gfa 5. Home Occupation Permit Required: Home Occupation 6. All Other Uses are Not Allowed *Director's approval on ground floor; allowed above. ** Refer to Supplemental Notes PH2-59 Attachment 4 Attachment 4 RESOLUTION NO.#I###-11 A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AN AMENDMENT TO THE GENERAL PLAN LAND USE ELEMENT MAP FROM TOURIST COMMERCIAL TO SERVICES &MANUFACTURING AND AN AMENDMENT TO THE ZONING MAP FROM FROM C-T, TOURIST COMMERCIAL, TO C-S-S, SERVICE COMMERCIAL WITH THE "S"SPECIAL CONSIDERATION OVERLAY, FOR PROPERTIES LOCATED AT 1445, 1443 & 1433 CALLE JOAQUIN(GP/R/ER 70-10) WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Paha Street, San Luis Obispo, California, on March 23, 2011, pursuant to a proceeding instituted. under application GP/R/ER 70-10, America's Tire, applicant; and WHEREAS, said public hearing was for the purpose of formulating and forwarding recommendations to the City Council of the City of San Luis Obispo regarding the General Plan Amendment,Rezoning, and Environmental Review; and WHEREAS, said public hearing was .for the purpose of formulating and forwarding recommendations to the City Council of the City of San Luis Obispo regarding the General Plan Amendment,Rezoning, and Environmental Review; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the Planning Commission has duly considered all evidence, including the testimony of the applicant, interested parties, the evaluation and recommendations by staff, presented at said hearing; and WHEREAS, the Planning Commission finds and determines that the project's Mitigated Negative Declaration adequately addresses the potential significant environmental impacts of the proposed project entitlements, and reflects the independent judgment of the Commission; 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 BE IT RESOLVED, by the Planning Commission of the City of San Luis Obispo as follows: SECTION 1. General Plan Amendment & Rezoning Findings. Based upon all the evidence, the Planning Commission does hereby recommend that the City Council approve application GP/R 70-10 to amend the land use designation from Tourist Commercial to Services & Manufacturing and its zoning from Tourist-Commercial (C-T), to Service-Commercial with the "S" Special Consideration overlay (C-S-S) for the properties located at 1445, 1443 & 1433 Calle Joaquin, based on the following findings: PH2-60 \1 Planning Commission Resl;rztion No.####-11 ImoAttachment 4 1445, 1443 & 1433 Calle Joaquin Page 2 1. The proposed amendments to the Land Use Element(LUE) and Zoning Maps furthers the goals of the General Plan, specifically LUE 3.6.1 to have land designated for certain service uses that meet the demands of the City, and some demands of the region. 2. The proposed General Plan Amendment and Rezone will not be detrimental to the health, safety and welfare of those living and working in the vicinity since the proposed changes to the City's maps will accommodate existing development of the sites at 1433 & 1445 Calle Joaquin that are compatible with other properties in the surrounding vicinity and will appropriately direct redevelopment of the site at 1443 Calle Joaquin with a compatible land use. 3. The proposed General Plan Amendment and Rezone will not adversely affect the amount of area within the City set aside for Tourist Commercial uses as additional sites in the near vicinity have been added in recent years to the area to offset the demand for tourist- serving uses like restaurants and motels 4. On February 16, 2011, the San Luis Obispo County Airport Land Use Commission determined that the proposed General Plan Amendment and Rezone was consistent with the San Luis Obispo County Regional Airport Land Use Plan. 5. The project sites are subject to several criteria which clearly warrant an overlay zone to direct proposed and future development and to insure for on-going compatibility with surrounding land uses. The following circumstances warrant the S overlay zone: a. "A" flood zone as designated on FEMA maps. b. Creek habitat protection. c. Location within the Airport Land Use Plan Safety Zones S-2, S-lc, and S-Ib. d. Prohibit certain allowable and conditionally allowable uses at the site to eliminate future traffic impacts. e. Protect the ability of the Motel 6 to be redeveloped to its current intensity if involuntarily destroyed. 6. The Community Development Director recommended adoption of a Mitigated Negative Declaration on March 10, 2011. The Planning Commission finds and determines that the project's Mitigated Negative Declaration adequately addresses the potential significant environmental impacts of the proposed project. SECTION 2. General Plan Amendment & Rezoning Recommendation. The Commission hereby recommends adoption of the Mitigated Negative Declaration and approval of the request (GP/R/ER 70-10) for a General Plan Amendment and Rezoning with incorporation of the following mitigation measures and conditions into the project: PH2-61 Planning Commission Resp".uun No.####-11 A1taChRl@flt 4 1445, 1443 & 1433 Calle Joaquin Page 3 Mitigation Measures: AIR QUALITY 1. During construction/ground disturbing activities, the applicant shall implement the following particulate (dust) control measures. These measures shall be shown on grading and building plans. In addition, the contractor shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. Their duties shall include holiday and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the Community Development Department prior to commencement of construction. a. Reduce the amount of disturbed area where possible. b. Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency will be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible. c Dirt stock pile areas (if any) should be sprayed daily as needed. d. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site: e. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with California Vehicle Code Section 23114. • Monitoring Program: These conditions shall be noted on all project grading and building plans. The applicant shall present evidence of a plan for complying with these requirements prior to issuance of a grading or building permit from the City. The applicant shall provide the City with the name and telephone number of the person responsible for ensuring compliance with these requirements. The Building Inspector and Public Works Inspectors shall conduct field monitoring.. CULTURAL RESOURCES 2. If excavations encounter significant paleontological resources, archaeological resources, or cultural materials, then construction activities that may affect them shall cease until the extent of the resource is determined and the Community Development Director approves appropriate protective measures. The Community Development Director shall be notified of the extent and location of discovered materials so that a qualified archaeologist may record them. 3. If pre-historic Native American artifacts are encountered, .a Native American monitor should be called into work with the archaeologist to document and remove the items. Disposition of artifacts shall comply with state and federal laws PH2-62 Planning Commission Remotion No.####-11 =' 1445, 1443 & 1433 Calle Joaquin Atta,Chfl ent 4 Page 4 • Monitoring Program: Requirements for cultural resource mitigation shall be clearly noted on all plans for project grading and. construction. The Community Development Director would intervene if significant discoveries are unearthed. HAZARDS AND HAZARDOUS MATERIALS 4. All owners, potential purchasers, occupants (whether as owners or renters), and potential occupants (whether as owners or renters) will receive the disclosure document approved by the Airport Land Use Commission in conjunction with this review prior to entering any contractual obligation to purchase, lease, rent, or otherwise occupy any property or properties within the airport area. 5. Avigation easements will be recorded for the subject property(if one has not already been recorded). • Monitoring Program: Community Development Department staff would follow up with assuring that ALUC requirements were met prior to building permits for any new development on parcels. . HYDROLOGY AND WATER QUALITY 6. Oil and sand separators or other filtering media shall be installed at each drain inlet intercepting runoff as a means of filtering toxic substances from run off before it enters the creek directly or through the storm water system. The separator must be regularly maintained to ensure efficient pollutant removal. As an alternative, or possibly in addition to, the applicant may install porous pavers in the parking lot area to allow for natural filtering of pollutants by the soil, to the approval of the Natural Resources Manager, Community Development Director, and the Architectural Review Commission (ARC). • Monitoring Program: Community Development staff would route specific development plans for the site to the Public Works Department and Natural Resources Manager for their input. The ARC would review and approved site development plans. .City staff would review plans for a building permit for implementation and follow up with site inspections. 7. The applicant shall provide the Director of Public Works with a detailed hydraulic analysis, which indicates how the project will comply with the requirement to have a design capacity for a 100-year storm. The analysis shall also include any needed channel erosion control protection to the satisfaction of the Director of Public Works,Natural Resources Manager, and other regulatory agencies overseeing creek work. PH2-63 Planning Commission ResL i tion No.####-11 1445, 1443 & 1433 Calle Joaquin Attachment 4 Page 5 e Monitoring Program: Public Works Department staff will coordinate with the Natural Resources Manager and verify compliance with their review of working drawings for a building permit and subsequent inspections. LAND USE 8. As part of the rezoning a Special Considerations "S" overlay zone shall be applied to all three properties 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. Creek habitat protection. c. Location within the Airport Land Use Plan Safety Zones S-2, S-lc, and S-lb. d. Prohibit certain allowable. and conditionally allowable uses at the site to eliminate future traffic impacts. e. Protect the ability of the Motel 6 to be redeveloped to its current intensity if involuntarily destroyed. • Monitoring Program: Community Development Department staff will oversee implementation of the rezoning. The Planning Commission will review the use permit required for the tire store at 1443 Calle Joaquin along with the rezoning. NOISE 9. The applicant shall include a sound mitigation wall at the northern property line bordering the Motel 6 property to limit amount of noise projected onto the Motel 6 property to 50 dBA, and to provide.a barrier between the two uses. The height, length, and color of which shall be to the review and approval of the Architectural Review Commission. • Monitoring Program: The ARC will review project development plans including a proposal for the noise barrier. Community Development staff will review building permit plans for consistency with ARC conditions and inspect wall installation once constructed. Conditions: 1. Any substantial change to existing uses or any new use at the sites shall be subject to review and approval of an Administrative Use Permit. PH2-64 Planning Commission ResLanon No.####-11 Attachment 4 1445, 1443 & 1433 Calle Joaquin . Page 6 2. Specific uses established on project sites shall generally be subject to the provisions of the C-S, Service-Commercial zone. However, the following uses for reasons of potential compatibility concerns such as traffic, parking, environmental impacts, noise or inappropriate scale are not allowed: a. From the list of allowed uses — fitnessthealth facility; laundry, dry cleaning plant; mobile home, RV, and boat sales; school — specialized education/training; and veterinary clinic/hospital,boarding, small.animal, indoor. b. From the list of uses.allowed with Director's approval — bar/tavern; club, lodge, private meeting hall; mortuary/funeral home; nightclub; veterinary clinic/hospital, boarding, large, animal; and veterinary clinic/hospital, boarding, small animal, outdoor. c. All uses listed as uses allowed with Planning Commission approval. 3. The existing Motel 6 use at 1433 Calle Joaquin will become a legal, nonconforming use with approval of the subject zoning. One of the special considerations with the change in zoning is that this site would be allowed to be redeveloped to its current intensity if involuntarily destroyed. On motion by Commissioner , seconded by Commissioner , and on the following roll call vote: AYES: NOES: REFRAIN: ABSENT: The foregoing resolution was passed and adopted this 23rd day of March ,2011. Doug Davidson, Secretary Planning Commission G:\CD-PLAN\PRICCI\ZONING\America's Tire(GPR 70-10)\Resolutions&Ordinalces\PC Reso GPR 70-10.doc PH2-65 1\ ; Attachment 5 RESOLUTION NO. XXXX(2011 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AMENDMENT TO THE GENERAL PLAN LAND USE ELEMENT MAP FROM TOURIST COMMERCIAL TO SERVICES & MANUFACTURING FOR PROPERTIES LOCATED AT 1445, 1443 & 1433 CALLE JOAQUIN (GP/R/ER 70-10) WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing on March 23, 2011, and recommended approval of the project; 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 April 19, 2011, pursuant to a proceeding instituted under application GP/R/ER 70-10, America's Tire, applicant; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the City Council has considered the Mitigated Negative Declaration of environmental impact as prepared by staff and reviewed by the Planning Commission; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, 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. Environmental Determination. The City Council finds and determines that the project's Mitigated Negative Declaration adequately addresses the potential significant environmental impacts of the proposed project entitlements in accordance with the California Environmental Quality Act and the City's.Environmental Guidelines, and reflects the independent judgment of the Council. The Council hereby adopts the Mitigated Negative Declaration subject to the following mitigation measures and monitoring programs being adopted with the project to reduce potentially-significant impacts to less-than-significant levels. Mitigation Measures: AIR QUALITY 1. During construction/ground disturbing activities, the applicant shall implement the following particulate (dust) control measures. These measures shall be shown on grading and building plans. In addition, the contractor shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. Their duties shall include holiday and weekend periods when work may not be in progress. The name and telephone number of such persons PH2-66 Attachment 5 Resolution No.}XXX(2011 Series) Page 2 shall be provided to the Community Development Department prior to commencement of construction. a. Reduce the amount of disturbed area where possible. b. Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency will be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible. c Dirt stock pile areas (if any) should be sprayed daily as needed. d. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. e. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with California Vehicle Code Section 23114. • Monitoring Program: These conditions shall be noted on all project grading and building plans. The applicant shall present evidence of a plan for complying with these requirements prior to issuance of a grading or building permit from the City. The applicant shall provide the City with the name and telephone number of the person responsible for ensuring compliance with these requirements. The Building Inspector and Public Works Inspectors shall conduct field monitoring. CULTURAL RESOURCES 2. If excavations encounter significant paleontological resources, archaeological resources, or cultural materials, then construction activities that may affect them shall cease until the extent of the resource is determined and the Community Development Director approves appropriate protective measures. The Community Development Director shall be notified of the extent and location of discovered materials so that a qualified archaeologist may record them. 3. If pre-historic Native American artifacts are encountered, a Native American monitor should be called into work with the archaeologist to document and remove the items. Disposition of artifacts shall comply with state and federal laws • Monitoring Program: Requirements for cultural resource mitigation shall be clearly noted on all plans for project grading and construction. The Community Development Director would intervene if significant discoveries are unearthed. PH2-67 Attachment 5 Resolution No.XXXX(2011 Series) Page 3 HAZARDS AND HAZARDOUS MATERIALS 4. All owners, potential purchasers, occupants (whether as owners or renters), and potential occupants (whether as owners or renters) will receive the disclosure document approved by the Airport Land Use Commission in conjunction with this review prior to entering any contractual obligation to purchase, lease, rent, or otherwise occupy any property or properties within the airport area. 5. Avigation easements will be recorded for the subject property(if one has not already been recorded). • Monitoring Program: Community Development Department staff would follow up with assuring that ALUC requirements were met prior to building permits for any new development on parcels. HYDROLOGY AND WATER QUALITY 6. Oil and sand separators or other filtering media shall be installed at each drain inlet intercepting runoff as a means of filtering toxic substances from run off before it enters the creek directly or through the storm water system. The separator must be regularly maintained to ensure efficient pollutant removal. As an alternative, or possibly in addition to, the applicant may install porous pavers in the parking lot area to allow for natural filtering of pollutants by the soil, to the approval of the Natural Resources Manager, Community Development Director, and the Architectural Review Commission (ARC). • Monitoring Program: Community Development staff would route specific development plans for the site to the Public Works Department and Natural Resources Manager for their input. The ARC would review and approved site development plans. City staff would review plans for a building permit for implementation and follow up with site inspections. 7. The applicant shall provide the Director of Public Works with a detailed hydraulic analysis, which indicates how the project will comply with the requirement to have a design capacity for a 100-year storm. The analysis shall also include any needed channel erosion control protection to the satisfaction of the Director of Public Works, Natural Resources Manager, and other regulatory agencies overseeing creek work. PH2-68 i Attachment 5 Resolution No.XXXX(2011 Series) Page 4 • Monitoring Program: Public Works Department staff will coordinate with the Natural Resources Manager and verify compliance with their review of working drawings for a building permit and subsequent inspections. LAND USE 8. As part of the rezoning a Special Considerations"S"overlay zone shall be applied to all three properties 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. Creek habitat protection. c. Location within the Airport Land Use Plan Safety Zones S-2, S-lc, and S-lb. d. Prohibit certain allowable and conditionally allowable uses at the site to eliminate future traffic impacts. e. Protect the ability of the Motel 6 to be redeveloped. • Monitoring Program: Community Development Department staff will oversee implementation of the rezoning. An administrative use permit for the tire store at 1443 Calle Joaquin will be processed concurrently with the detailed site development plans submitted for review by the Architectural Review Commission. NOISE 9. The applicant shall include sound mitigation to limit the amount of stationary noise generated by the proposed tire store at 1443 Calle Joaquin at its shared property line with Motel 6 to 50 decibels; the location and design of project structures shall not amplify noise onto the Motel Inn property. • Monitoring Program: The ARC will review project development for compliance. Community Development staff will review building permit plans for consistency with ARC conditions and inspect wall installation once constructed. SECTION 2. General Plan Amendment Approval with Findings & Conditions. The City Council finds and approves the General Plan Amendment included as part of City Application No. GP/R 70-10 to amend the land use designation from Tourist Commercial to PH2-69 Attachment 5 Resolution No.XXXX(2011 Series) Page 5 Services & Manufacturing for the properties located at 1445, 1443, & 1433 Calle Joaquin, based on the following findings and subject to the following conditions: Findings: 1. The proposed amendment to the Land Use Element Map furthers the goals of the General Plan specifically LUE 3.6.1 to have land designated for certain service uses that meet the demands of the City, and some demands of the region. 2. The proposed General Plan Amendment will not be detrimental to the health, safety and welfare of those living and working in the vicinity since the proposed changes to the City's maps will accommodate existing development of the sites at 1433 & 1445 Calle Joaquin that are compatible with other properties in the surrounding vicinity and will appropriately direct redevelopment of the site at 1443 Calle Joaquin with a compatible land use. 3. The proposed General Plan Amendment will not adversely affect the amount of area within the City set aside for Tourist Commercial uses as additional sites in the near vicinity have been added in recent years to the area to offset the demand for tourist- serving uses like restaurants and motels. 4. On February 16, 2011, the San Luis Obispo County Airport Land Use Commission determined that the proposed General Plan Amendment and Rezone was consistent with the San Luis Obispo County Regional Airport Land Use Plan. 5. The project sites are subject to several criteria which clearly warrant an overlay zone to direct proposed and future development and to insure for on-going compatibility with surrounding land uses. The following circumstances warrant the S overlay zone: a. "A" flood zone as designated on FEMA maps. b. Creek habitat protection. c. Location within the Airport Land Use Plan Safety Zones S-2, S-1 c, and S-lb. d. Prohibit certain allowable and conditionally allowable uses at the site to eliminate future traffic impacts. e. Protect the ability of the Motel 6 to be redeveloped. 6. The City Council finds and determines that the project's Mitigated Negative Declaration adequately addresses the potential significant environmental impacts of the proposed project. 7. The Planning Commission recommended adoption of a Mitigated Negative Declaration on March 23, 2011. The City Council finds and determines that the project's Mitigated Negative Declaration with all of the mitigation measures listed in this resolution adequately addresses the potential significant environmental impacts of the proposed PH2-70 Attachment 5 Resolution No.XXXX(2011 Series) Page 6 project. Conditions: 1. The Land Use Element Map is hereby amended as shown in Exhibit.A. 2. The Community Development Director shall cause the change to be reflected in documents, which are on display in City Hall and are available for public viewing and use. 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 , 2011. Mayor Jan Marx ATTEST: City Clerk Elaina Cano APPROVED AS TO FORM: 4ityorney J. Christine Dietrick G:\CD-PLAN\PRICCI\ZONING\America's Tire(GPR 70-10)\Resolutions&Ordinances\CC Reso(America's Tire)GP-PER 70-10.doc PH2-71 Attachment 5 General Plan Land Use Element Map:1445, 1443, 1433 Calle Joaquin Exhibit A GR C/o r PF-S y S �.. • 4 •kt � Fn's. ''•� 1 e 1 .. F ..�Jy 1 ,� Rezone From: Tourist Commercial 1 to Services & Manufacturing t 13 Z _�. y _•a EID r. a- .� s . •�. 4 Y � � �y�" � )�,,. �1, Irl" �' �: �fC• • .fi / LW 1.7 "i��•� tet\ .w. r �� .1 N A 0 0.04 0.08 0.16 0.24 0.32 Miles PH2-72 Attachment 6 ORDINANCE NO. (2011 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE ZONING MAP FROM C-T,TOURIST COMMERCIAL,TO C-S-S, SERVICE COMMERCIAL WITH THE "S"SPECIAL CONSIDERATION OVERLAY, FOR PROPERTIES LOCATED AT 1445, 1443 & 1433 CALLE JOAQUIN (GP/R/ER 70-10) WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing on March 23, 2011, and recommended approval of the project; 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 April 19, 2011, pursuant to a proceeding instituted under application GP/R/ER 70-10, America's Tire, applicant; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the City Council has considered the Mitigated Negative Declaration of environmental impact as prepared by staff and reviewed by the Planning Commission; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. BE IT ORDAINED,by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. 1. The proposed amendment to the Zoning Map furthers the goals of the General Plan specifically LUE 3.6.1 to have land designated for certain service uses that meet the demands of the City, and some demands of the region. 2. The proposed Rezone will not be detrimental to the health, safety and welfare of those living and working in the vicinity since the proposed changes to the City's maps will accommodate existing development of the sites at 1433 & 1445 Calle Joaquin that are compatible with other properties in the surrounding vicinity and will appropriately direct redevelopment of the site at 1443 Calle Joaquin with a compatible land use. 3. The proposed Rezone will not adversely affect the amount of area within the City set aside for Tourist Commercial uses as additional sites in the near vicinity have been added in recent years to the area to offset the demand for tourist-serving uses like restaurants and motels 4. On February 16, 2011, the San Luis Obispo County Airport Land Use Commission PH2-73 Attachment 6 Ordinance No. 1558(2011 Series) Page 2 determined that the proposed General Plan Amendment and Rezone was consistent with the San Luis Obispo County Regional Airport Land Use Plan. 5: The project sites are subject to several criteria which clearly warrant an overlay zone to direct proposed and future development and to insure for on-going compatibility with surrounding land uses. The following circumstances warrant the S overlay zone:. a. "A"flood zone as designated on FEMA maps. b. Creek habitat protection. c. Location within the Airport Land Use Plan Safety Zones S-2, S4c, and S-lb. d. Prohibit certain allowable and conditionally allowable uses at the site to eliminate future traffic impacts. e. Protect the ability of the Motel 6 to be redeveloped. 6. The City Council finds and determines that the project's Mitigated Negative Declaration adequately addresses the potential significant environmental impacts of the proposed project with inclusion of the proposed mitigation measures. SECTION 2. Action. The Zoning Regulations Map Amendment (GP/R 70-10) to modify the zoning designation of the site from Tourist-Commercial (C-T), to Service- Commercial with the "S" Special Consideration overlay (C-S-S) for the properties located at 1445, 1443 & 1433 Calle Joaquin is hereby approved as identified within Exhibit A, subject to the following conditions: 1. Any substantial change to existing uses or any new use at the sites shall be subject to review and approval of an Administrative Use Permit. 2. Specific uses established on project sites shall generally be subject to the provisions of the C-S, Service-Commercial zone. However, the following uses for reasons of potential compatibility concerns such as traffic, parking, environmental impacts, noise or inappropriate scale are not allowed: a. From the list of allowed uses — fitness/health facility; laundry, dry cleaning plant; mobile home, RV, and boat sales; school — specialized education/training; truck or freight terminal; veterinary clinic/hospital, boarding, small animal, indoor; and warehousing, indoor storage.. b. From the list of uses allowed with Director's approval — bar/tavem; club, lodge, private meeting hall; mortuary/funeral home; nightclub; veterinary clinic/hospital, boarding, large, animal; and veterinary clinic/hospital, boarding, small animal, outdoor. c. All uses listed as uses allowed with Planning Commission approval. PH2-74 Attachment 6 Ordinance No. 1558(2011 Series) Page 2 3. The existing Motel 6 use at 1433 Calle Joaquin will become a legal, nonconforming use with approval of the subject zoning. One of the special considerations with the change in zoning is that this site would be allowed to be redeveloped. SECTION 3. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in the Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty(30) days after its final passage. INTRODUCED on the day of , 2011, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the day of 2011, on the following vote: AYES: NOES: ABSENT: Mayor Jan Marx ATTEST: City Clerk Elaina Cano APPROVED AS TO FORM: Ity ttorney J. Christine Dietrick G:\CD-PLAN\PRICCI\ZONWG\America's Tire(GPR 70-10)\Resolutions&Ordinances\CC Ord 70-10(America's Tire).doc PH2-75 Attachment 6 ZoningMap: 1"5, 1"3, 1433 CaHe Joaquin Exhibit A C-RC/©S-,20 `' �, `; PF-S Ay > ,, Rezone From: F - �' Tourist Commercial (C-T) toI, Service Commercial/ Special Consideration (C-S-S) �> .O rMP IL- • I - �3�.�� �� � .�• ... - �L{y �\�((//JJ���JJ//�((�))�jj�.//�+jj//�//�///�{{\(f(/J{�J/��\ V LL11 N A 0 0.04 0.08 0.16 0.24 0.32 Miles IPH2-76