HomeMy WebLinkAbout1477ORDINANCE NO. 1477 (2005 SERIES)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
AMENDING THE ZONING MAP TO CHANGE THE ZONING FOR PROPERTY AT
12398 LOS OSOS VALLEY ROAD FROM C -T TO C -S -S
(GP/R/ER 19 -05)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on April 13, 2005 and recommended approval of Application GP/R/ER 19 -05, a
request to amend the City's Zoning Map designations from Tourist Commercial (C -T) to Service
Commercial Special Considerations (C -S -S); and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on July 5,
2005, for the purpose of considering Application GP/R/ER 19 -05; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the Council has reviewed and considered the Mitigated Negative
Declaration of environmental impact for the project; and
WHEREAS, the Council has duly considered all evidence, including the
recommendation of the Planning Commission, testimony of interested parties, and the evaluation
and recommendations by staff, presented at said hearing.
WHEREAS, the City Council finds that the proposed rezoning is consistent with the
General Plan, the purposes of the Zoning Regulations, and other applicable City ordinances; and
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Environmental Determination. The City Council finds and determines that
the project's Mitigated Negative Declaration adequately addresses the potential environmental
impacts of the proposed map amendment to the Zoning Regulations, and reflects the independent
judgment of the City Council. The Council hereby adopts said Mitigated Negative Declaration.
SECTION 2. Findings. The City Council makes the following findings:
1. The City Council finds and determines that the project's mitigated Negative Declaration
adequately addresses the potential environmental impacts of the proposed project, and
reflects the independent judgment of the Council.
2. The proposed rezoning is consistent with General Plan Land Use Element policies
regarding Commercial zoning, which place a priority on maintaining areas for auto sales
uses within the vicinity. 01477
Ordinance No. 1477 (2005 Series)
Page 2
3. The existing property is not conducive to large scale tourist serving development since it
is a very small site at the edge of the C -S district adjacent to existing retail and service
uses.
4. This project site is subject to several criteria which clearly necessitate an overlay zone in
order to ensure adequate review. The S overlay will allow the property to be zoned
consistently with adjacent properties since adjacent C -S properties currently contain an S
overlay zone. The following conditions warrant the S overlay zone:
a. The property is within a 100 -year flood zone.
b. Los Osos Valley Road is recognized as a road of high scenic value as cited within the
General Plan Circulation Element.
c. As discussed in the General Plan analysis above, the Commercial Service parcels
within this vicinity are designated for auto sales and discretionary review should be
required for new land uses in order to ensure that a shortage of land for auto sales uses
will not occur.
d. Planned improvements for Calle Joaquin at this location include a new four -way
intersection and a traffic signal, therefore new development should be reviewed
accordingly.
e. Changes in occupancy will trigger the removal of gas station associated infrastructure
and may require additional soils analysis and architectural review.
SECTION 3. Action. The Zoning Regulations Map Amendment (GP/R 19 -05) is
hereby approved (Exhibit A).
SECTION 4. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final passage,
in the Telegram- Tribune, a newspaper published and circulated in this City. This ordinance shall
go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the 5"' day of July, 2005, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 19th day of July 2005, on the following roll call
vote:
AYES: Council Members Brown and Mulholland, Vice Mayor Ewan and Mayor Romero
NOES: None
ABSENT: Council Member Settle
Ordinance No. 1477 (2005 Series)
Page 3
ATTEST:
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Audrey H per
City Cle
APPROVED AS TO FORM:
Jonathan P. Lowell
City Attorney
Mayor David F. Romero
I hereby certify that this document is a true
and accurate copy of Ordinance No. 114 __ _ -1____
and that the ordinance was published pursuant
tooCC�h-a(�rteerr Sectio 02.
Date
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