HomeMy WebLinkAboutr10257callejoaquinrezoningRESOLUTION NO . 10257 (2011 Series )
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING A N
AMENDMENT TO THE GENERAL PLAN LAND USE ELEMENT MAP FRO M
TOURIST COMMERCIAL TO SERVICES &MANUFACTURING FOR PROPERTIE S
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 hearin g
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 ; an d
WHEREAS,the City Council has considered the Mitigated Negative Declaration o f
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 a t
said hearing .
NOW, THEREFORE, BE IT RESOLVED,by the City Council of the City of San Lui s
Obispo as follows :
SECTION 1 .Environmental Determination .The City Council finds and determines tha t
the project's Mitigated Negative Declaration adequately addresses the potential significant
environmental impacts of the proposed project entitlements in accordance with the Californi a
Environmental Quality Act and the City's Environmental Guidelines, and reflects the independen t
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 t o
reduce potentially-significant impacts to less-than-significant levels .
Mitigation Measures :
AIR QUALIT Y
1 . During construction/ground disturbing activities, the applicant shall implement th e
following particulate (dust) control measures . These measures shall be shown on grading an d
building plans . In addition, the contractor shall designate a person or persons to monitor th e
dust control program and to order increased watering, as necessary, to prevent transport o f
dust off site . Their duties shall include holiday and weekend periods when work may not b e
R 10257
Resolution No . 10257 (2011 Series )
Page 2
in progress . The name and telephone number of such persons shall be provided to th e
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 dus t
from leaving the site . Increased watering frequency will be required whenever win d
speeds exceed 15 mph . Reclaimed (non-potable) water should be used wheneve r
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 unpave d
surface at the construction site .
e.All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shoul d
maintain at least two feet of freeboard (minimum vertical distance between top o f
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 shal l
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 nam e
and telephone number of the person responsible for ensuring compliance with thes e
requirements . The Building Inspector and Public Works Inspectors shall conduct fiel d
monitoring .
CULTURAL RESOURCE S
2.If excavations encounter significant paleontological resources, archaeological resources ,
or cultural materials, then construction activities that may affect them shall cease until th e
extent of the resource is determined and the Community Development Director approve s
appropriate protective measures . The Community Development Director shall be notified o f
the extent and location of discovered materials so that a qualified archaeologist may recor d
them .
3.If pre-historic Native American artifacts are encountered, a Native American monito r
should be called into work with the archaeologist to document and remove the items .
Disposition of artifacts shall comply with state and federal law s
Monitoring Program :
Requirements for cultural resource mitigation shall be clearly noted on all plans for projec t
grading and construction . The Community Development Director would intervene i f
significant discoveries are unearthed .
Resolution No . 10257 (2011 Series )
Page 3
HAZARDS AND HAZARDOUS MATERIAL S
4.All owners, potential purchasers, occupants (whether as owners or renters), and potentia l
occupants (whether as owners or renters) will receive the disclosure document approved b y
the Airport Land Use Commission in conjunction with this review prior to entering an y
contractual obligation to purchase, lease, rent, or otherwise occupy any property or propertie s
within the airport area .
5.Avigation easements will be recorded for the subject property (if one has not already bee n
recorded).
Monitoring Program :
Community Development Department staff would follow up with assuring that ALU C
requirements were met prior to building permits for any new development on parcels .
HYDROLOGY AND WATER QUALIT Y
6.Oil and sand separators or other filtering media shall be installed at each drain inle t
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 maintaine d
to ensure efficient pollutant removal . As an alternative, or possibly in addition to, th e
applicant may install porous pavers in the parking lot area to allow for natural filtering o f
pollutants by the soil, to the approval of the Natural Resources Manager, Communit y
Development Director, and the Architectural Review Commission (ARC).
Monitoring Program :
Community Development staff would route specific development plans for the site to th e
Public Works Department and Natural Resources Manager for their input . The ARC woul d
review and approved site development plans . City staff would review plans for a buildin g
permit for implementation and follow up with site inspections .
7.The applicant shall provide the Director of Public Works with a detailed hydrauli c
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 erosio n
control protection to the satisfaction of the Director of Public Works, Natural Resource s
Manager, and other regulatory agencies overseeing creek work .
Monitoring Program :
Public Works Department staff will coordinate with the Natural Resources Manager an d
verify compliance with their review of working drawings for a building permit an d
subsequent inspections .
Resolution No . 10257 (2011 Series)
Page 4
LAND US E
8 . As part of the rezoning a Special Considerations "S" overlay zone shall be applied to al l
three properties consistent with Chapter 17 .56 of the Zoning Regulations . The S overla y
designation will ensure future land use compatibility with the site specifically related t o
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 eliminat e
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 . A n
administrative use permit for the tire store at 1443 Calle Joaquin will be processe d
concurrently with the detailed site development plans submitted for review by th e
Architectural Review Commission .
NOIS E
9 . The applicant shall include sound mitigation to limit the amount of stationary nois e
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 nois e
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 wal l
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 Cit y
Application No . GP/R 70-10 to amend the land use designation from Tourist Commercial t o
Services & Manufacturing for the properties located at 1445, 1443, & 1433 Calle Joaquin, base d
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 Genera l
Plan specifically LUE 3 .6 .1 to have land designated for certain service uses that meet th e
demands of the City, and some demands of the region .
Resolution No . 10257 (2011 Series )
Page 5
2 . The proposed General Plan Amendment will not be detrimental to the health, safety an d
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 are a
within the City set aside for Tourist Commercial uses as additional sites in the near vicinit y
have been added in recent years to the area to offset the demand for tourist-serving uses lik e
restaurants and motels .
4 . On February 16, 2011, the San Luis Obispo County Airport Land Use Commissio n
determined that the proposed General Plan Amendment and Rezone was consistent with th e
San Luis Obispo County Regional Airport Land Use Plan .
5 . The project sites are subject to several criteria which clearly warrant an overlay zone t o
direct proposed and future development and to insure for on-going compatibility wit h
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 eliminat e
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 Declaratio n
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 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 i n
documents, which are on display in City Hall and are available for public viewing and use .
Resolution No . 10257 (2011 Series)
Page 6
Upon motion of Council Member Carpenter, seconded by Council Member Carter, an d
on the following vote :
AYES :
Council Members Carpenter, Carter and Smith, and Mayor Mar x
NOES :
Vice Mayor Ashbaug h
ABSENT : Non e
The foregoing resolution was adopted this 19th day of April 2011 .
ATTEST :
Elaina Can o
City Cler k
APPROVED AS TO FORM :
Kristine Dietric k
City Attorney