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Home My WebLink About05/03/2011, C12 - ADOPTION OF AN ORDINANCE AMENDING THE ZONING MAP FROM TOURIST-COMMERCIAL (C-T) TO SERVICE-COMMERCIA Co un a L Wmine Dna [A] ac,Enda wpo12t C I T Y OF SAN LU I S O B I S P O FROM: John Mandeville, Community Development Direct Prepared By: Pam Ricci, Senior Planner FK� SUBJECT: ADOPTION OF AN ORDINANCE AMENDING THE ZONING MAP FROM TOURIST-COMMERCIAL (C-T) TO SERVICE- COMMERCIAL WITH SPECIAL CONSIDERATIONS OVERLAY ZONE (C-S-S) FOR PROPERTIES LOCATED AT 1445, 1443 & 1433 CALLE JOAQUIN; R 70-10. RECOMMENDATION Adopt Ordinance No. 1561,which amends the zoning designation from Tourist-Commercial (C-T) to Service-Commercial with Special Considerations overlay zone (C-S-S) for the properties located at 1445, 1443 & 1433 Calle Joaquin. DISCUSSION Background On April 19, 2011, the City Council voted 4 to 1;to introduce Ordinance No. 1561 approving the requested rezoning. Ordinance No. 1561 is now ready for adoption. The amended zoning for the property will become effective 30 days after final passage of the ordinance. Significant Impacts The City Council approved a Mitigated Negative Declaration for the project on April 19, 2011, which concluded that the project would not have a significant adverse impact on the environment with the inclusion of mitigation measures. Consequences of Not Taking the Recommended Action If the Council does not give final passage to the ordinance, the existing zoning designation on the site would remain, which would be inconsistent with the approved General Plan Amendment. ATTACHMENTS 1. Ordinance No. 1561 G:\CD-PLAN\PRICCI\ZONING\America's Tire(GPR 70-I0)\Staff Reports\Ord. (R 70-10-second reading).doc C12-1 ATTACHMENT ORDINANCE NO. 1561 (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 14459 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 C12=2 ATTACHMENT Ordinance No. 1561 (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 wan-ant 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 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/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. C12-3 ATTACHMEN a Ordinance No. 1561 (2011 Series) Page 2 3. The existing motel 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 the development standards as allowed in the C-T zone.. 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 APP OVED AS TO FORM: City Attorney J. Christine Dietrick G:\CD-PLAN\PRICCI\ZONING\America's Tire(GPR 70-10)\Resolutions&Ordinances\CC Ord 70-10(America's Tire).doc C12-4 Zoning Map: 1445, 1443, 1433 Calle Joaquin Exhibit A Pt f C-R vas- 0 f o : i (� PF-S o ?� .. �• ^L�1 dt f � Rezone From: Tourist Commercial (C-T) to Service CommerciaU f' Special Consideration (CSS) n1 �t 1. ..� 'Q' !!d � .� S/ .,i•"l_ � / np zr :,.,,.yarn! lw •a]{ � {j[ 1f eY/`t. r� j' 'wA.s` — ��Y� � '� D • tax I , N A 0 0.04 0.08 0.16 0.24 0.32 Miles C12-5