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HomeMy WebLinkAbout03-06-2018 Item 09 Zoning and architectural review of commercial bldg. (1460 Calle Joaquin) Meeting Date: 3/6/2018 FROM: Michael Codron, Community Development Director Prepared By: Walter Oetzell, Assistant Planner SUBJECT: AMENDMENT TO THE CITY’S ZONING MAP TO DESIGNATE PROPERTY AT 1460 CALLE JOAQUIN TO BE WITHIN A TOURIST COMMERCIAL (C-T) ZONE; CONSTRUCTION OF A NEW TWO-STORY COMMERCIAL BUILDING; AND AN EXCEPTION TO THE CREEK SETBACK REQUIREMENT FOR SIX (6) UNENCLOSED PARKING SPACES RECOMMENDATION Planning Commission Action The Planning Commission recommended that the City Council amend the City’s Zoning Map to designate the subject site to be within a Tourist Commercial (C-T) Zone but had concerns with the proposed Mitigated Negative Declaration (MND) for the project primarily with respect to aesthetics and recommended that the City Council not adopt the MND on that basis. The Planning Commission further recommended that the Council not approve the Creek Setback exception requested for this project. Staff Recommendation 1. Adopt the attached draft Resolution (Attachment A): a. as recommended by the Architectural Review Commission, approve the project architecture and design; and b. grant a Creek Setback Exception to allow six (6) unenclosed parking spaces within a portion of the creek setback; and c. adopt a Mitigated Negative Declaration (EID-0016-2017). 2. Introduce an Ordinance (Attachment B): a. as recommended by the Planning Commission, amending the City’s Zoning Map to designate the site to be within a Tourist Commercial (C-T) Zone. REPORT-IN-BRIEF As explained in greater detail below, due to some unusual circumstances, a portion of the property at 1460 Calle Joaquin, east of Prefumo Creek, is designated for Tourist Commercial land use in the Land Use Element of the City’s General Plan but has no current zoning designation on the City’s zoning map (see Attachment E). AuzCo Development, LLC, the project applicant, proposes to zone this portion of the property to (C-T) Tourist-Commercial, consistent with its General Plan designation and adjacent zoning, and to construct a two-story commercial building. An exception from Creek Setback requirements has been requested that would allow six (6) vehicle parking spaces within the required 20-foot creek setback along the west side of the property. Packet Pg 151 9 An Initial Study and Mitigated Negative Declaration were prepared for the project (Attachment K), evaluating the project’s potentially significant environmental impacts on the physical environment and identifying mitigation measures that would reduce them to a “less than significant” level. On November 13, 2017 the Architectural Review Commission recommended that the City Council approve the project design, finding the project to be consistent with applicable development standards and design guidelines. On December 20, 2017 the Planning Commission recommended that the City Council amend the Zoning Map, designating the site to be within a Tourist Commercial (C-T) Zone. However, the Commission recommended that the proposed Mitigated Negative Declaration (MND) not be adopted, based on potential significant impacts to aesthetics; specifically, blocking of views of Irish Hills and the scenic corridor. The Commission further recommended that the Council not approve the requested Creek Setback exception. The Planning Commission supported the rezoning but was clearly uncomfortable with the project concept and concerned about perceived viewshed impacts. Planning staff and the Assistant City Attorney suggested that the Commission substantiate their recommendations about adoption of the MND and the creek setback exception with specific information in the form of findings, but no such findings were adopted. Staff has considered the issue carefully and based on the information in the project record is recommending that the City Council approve the creek setback exception and Mitigated Negative Declaration based on findings and facts in the record. The City Council will take final action on the project, including the proposed Zoning Map Amendment, building and site improvements, the requested Creek Setback Exception and the MND prepared for the project. The Staff recommendation to approve the project is reflected in the Draft Resolution and Draft Ordinance (Attachments A and B) and is more fully explained below. DISCUSSION Site Information and Setting The project site is a flat parcel of land, just over ¼ acre in size, located on the south side of Calle Joaquin, about 450 feet northeast of its intersection with Los Osos Valley Road. It has an irregular triangular shape, tapering to a point at its northeast end, near the beginning of the Calle Joaquin off-ramp from U.S. Highway 101. The site’s street frontage is along Calle Joaquin, and its southeast boundary runs adjacent to the freeway off-ramp right-of-way. A channelized section of Prefumo Creek exits at a culvert under Calle Joaquin at the west end o f the site and the creek channel continues south, then southwest, away from the site. The property is designated Tourist Commercial in the Land Use Element of the City’s General Plan, but the project site is not designated within any zone district. Prefumo Creek travels along the western edge of the site within a Conservation / Open Space (C/OS-20) Zone, whose boundary follows the course of the creek along its banks. Auto- and tourist- oriented activities Packet Pg 152 9 characterize the immediate surroundings to the north and west, including an auto dealer, a service station, offices of the Southern California Automobile Club, a tire store, and a motel, with hotels and a restaurant located south of Los Osos Valley Road. Vegetation on the site is limited to grasses and riparian vegetation extending into the property from along the creek bank. The site is otherwise devoid of trees or significant vegetation. It is undeveloped, but contains small accessory structures and equipment related to a well on the site, installed by the City in 1989, made inactive in 1995, and relinquished in 2016.1 The well equipment will be relocated within the site. Table 1: Site information Background On November 13, 2017, the Architectural Review Commission, by a 5 -0 vote (with 2 absences) found the project to be consistent with applicable development standards and design guidelines (see Attachment G, ARC Minutes and Resolution) and recommended the City Council approve the project’s design. On December 20, 2017, the Planning Commission recommended, by a 5-1 vote (with 1 vacancy), that the City Council amend the Zoning Map to designate the site to be 1 Rights relinquished by the City through Quitclaim Deed, Recorded Document 2016013757 Area 11,575 sq. ft. (0.27 ac.) east of Prefumo Creek Use (Existing) Vacant Well equipment Topography Flat Access Calle Joaquin Surroundings North Service Commercial. (C-S) Motel 6; America’s Tire; Automobile Club of Southern California South & East Highway 101 ROW U.S. Highway 101 West Conservation/ Open Space (C/OS-20) Tourist Commercial (C-T) Prefumo Creek (adjacent) Quiky Car Wash, Chevron, Toyota San Luis Obispo Figure 1: Proposed building (east elevation) Packet Pg 153 9 within a Tourist Commercial (C-T) Zone, but not adopt the proposed Mitigated Negative Declaration, based on concerns with aesthetic impacts, specifically, blocking of views of Irish Hills and the scenic corridor, and further recommended that the Council not approve the requested Creek Setback exception (see Attachment H; Planning Commission Resolution). Staff recommendation. Staff carefully evaluated the Planning Commission’s recommendation in the context of the City’s General Plan policies, Zoning Regulations, and the California Environmental Quality Act. Staff’s analysis indicates that the requested Creek Setback Exception is appropriate for development of this constrained site because, as described in the suggested findings contained in the draft Resolution, the exception is minor, representing about 35% of the setback area,2 with no structures within the setback and no impacts on scenic or biological resources, and it allows for reasonable development of a site constrained by unusual shape. Mitigation Measure BIO-1 (see Biological Resources section below) requires preparation of a Stormwater Pollution Prevention Plan, and for Best Management Practices (BMPs) and Pollution Prevention Methods (PPMs) to be incorporated into grading and construction plans for the short and long-term management and protection of water quality. Based on the significance criteria used to evaluate potential impacts to aesthetics, the impacts to views along the Scenic Roadway portion of Highway 101 near the project are considered to be less than significant, as more fully described in Views, below. Based on this combination of factors, staff is recommending that the City Council approve the project. Land Use & Zoning The portion of the property at 1460 Calle Joaquin that lies east of Prefumo Creek is designated for Tourist Commercial land use in the Land Use Element of the City’s General Plan but is not designated within any zone district (see Attachment E). Tourist-Commercial designation, as described in the Land Use Element (LUE) of the General Plan, provides for uses primarily serving the traveling public, including hotels, motels, restaurants, service stations, recreational uses, and minor retail uses serving the needs of travelers. The proposal to zone the property C-T (Tourist Commercial) is consistent with this land use designation. Zoning Regulations provide further refinement and expansion of allowed uses (see Attachment J). These uses are especially appropriate where they have already concentrated, such as at freeway intersections (LUE Policy 3.6.2). Visitor-serving uses have concentrated in the area where Los Osos Valley Road intersects U.S. Highway 101, including The Rose Garden Inn, Hampton Inn & Suites, Courtyard by Marriott, Motel 6, Rib Line BBQ, Margie’s Diner, and Chevron. Though no specific land use or tenant has been identified, the site and the proposed new building are designed to accommodate a wide range of potential commercial services for the traveling public. Views The site is adjacent to a section of U.S. Highway 101 that is designated in the City’s General Plan as a Scenic Roadway (General Plan Circulation Element, Figure 3). By definition, “Scenic Resources” include hills and mountains (see General Plan glossary). The Irish Hills form a visual backdrop to views near the site experienced from Highway 101 while travelling southbound, and Cerro San Luis and the Santa Lucia Mountains beyond comprise the backdrop of views experienced travelling northbound. 2 Uncovered parking spaces will encroach into about 755 sq. ft. of the total 2,180 sq. ft. setback area Packet Pg 154 9 The Environmental Impact Report (EIR) for the 2014 Land Use & Circulation Element Update anticipated that new development would occur along viewing corridors and scenic roadways. As noted in the EIR, the City does not have specific adopted thresholds of significance for aesthetics, including impacts to views. As evaluated in the EIR, an impact is considered significant if proposed development would: ▪ have a substantial adverse effect on a visual resource or scenic vista; ▪ damage scenic resources (such as trees, rock outcroppings, historic buildings) within a state scenic highway, ▪ substantially degrade the existing visual character or quality of the area and its surroundings; or ▪ create a new source of substantial light or glare which would adversely affect day or nighttime views in the area Visual simulations prepared for this project (see Initial Study, Attachment K) demonstrate that development of the site will not “wall off” scenic roadways or block views and is consistent with General Plan policies for Views (Circulation Element § 15.1.2; Conservation and Open Space Element § 9.2.1). As the observer approaches the project site the building becomes visible above existing buildings, signage, and utility and light poles, occupying a portion of the field of view, quickly moving out of view as the observer continues traveling along the roadway. The building will move through the field of view, visible against the visual backdrop, for a distance of about 600 feet, for about 7 seconds at highway speeds. Impacts to views are lessened by the size (less than 15% site coverage, where a maximum coverage of 75% is permitted) and height of the proposed building (27 feet in height, where a maximum of 45 feet is permitted), and extensive use of glazing to provide additional visibility toward views beyond. Figure 2 above depicts a typical vantage point from the highway, about 350 feet north of the site, seen traveling south-bound. It shows that with the proposed development, approximately 3/4 (75%) of the view to the hills is preserved. Figure 3 below depicts a similar vantage point from the north-bound lanes, showing that as the observer approaches the site, the building occupies an insignificant portion (less than 10%) of the view toward the distant Santa Lucia Mountains. Cerro San Luis is visible beyond, and partially obscured by, existing development. The proposed Figure 2: Visual Simulation (view 2, looking south): Before project (left) and after (right) Packet Pg 155 9 building obscures an additional small portion of the view of Cerro San Luis, but its height and tapering form preserves the view of the ridgeline of the Cerro. At this vantage point, at least 3/4 (75%) of the backdrop view is preserved. The full view of Cerro San Luis and Bishop Peak beyond are revealed within seconds as the observer continues northbound. In the absence of adopted thresholds of significance for impacts to views, staff followed guidance provided by performance standards for protection of views from scenic roadways described in Table 5.4 (Roadway View Protection) of the City’s Airport Area Specific Plan. This table identifies several roads which are also designated as Scenic Roadways, and located within a similar scenic context, and provides standards for the level of view protection considered to be consistent with the view preservation policies of the General Plan. These standards suggest that views are sufficiently protected where development allows view of at least 60% of a scenic resource from specific vantage points along roads and preserves distant hill views in the direction of the road. Evaluated against these standards, the visual simulations demonstrate that at least 75% of views from this roadway are retained at the selected vantage points and, consistent with General Plan policies, views are protected and not “blocked,” with important backdrop features (Irish Hills, Cerro San Luis, Santa Lucia Mountains) remaining dominant. Thus, the proposed development would not have a substantial adverse effect on scenic vistas from the roadway. Furthermore, the project has been found by the Architectural Review Commission to be consistent with Community Design Guidelines and will not degrade the visual character or quality of the area. It conforms to Night Sky Preservation Regulations (Zoning Regulations Ch. 17.23) and includes no source of substantial light or glare. As the project adheres to General P lan policies, Community Design Guidelines, and Zoning Regulations applicable to aesthetic concerns, its potential impacts to aesthetics, including views, are considered less than significant. Biological resources The project site plan depicts the top of bank for Prefumo Creek, the extent of riparian vegetation, and the 20-foot creek setback applicable to the property (Zoning § 17.16.025). All riparian vegetation is noted on plans as “Existing Habitat to Remain Undisturbed.” Condition 2 of the Draft Resolution (Attachment A) states as a condition of project approval that existing riparian vegetation within this area shall remain undisturbed. Figure 3:Visual Simulation (view 5, looking north): Before project (left) and after (right) Packet Pg 156 9 A Biological Resources Assessment of the project site was prepared in May 2017 by SWCA Environmental Consultants (see Initial Study, Attachment K). Existing conditions were observed to be riparian (arroyo willow thicket) and disturbed or ruderal, with disturbance from vehicle and pedestrian usage. Vegetation consists of non-native plant species that typically occur along roadside edges and disturbed areas. Plant diversity on the banks of the channel is low. Special- status plant species were not observed and are not expected to occur on the property. Several mitigation measures were developed, following the conclusions of the Biological Assessment, to reduce potential environmental impacts to biological resources. These are included in the attached draft resolution (Biological Resources, Section 1), to be incorporated into project approval. These measures include conduct of a pre-construction wildlife survey prior to development activities; a nesting bird survey prior to any construction activities to be undertaken during the active nesting bird season; incorporation of the creek setback shown in the project plans (allowing for six unenclosed vehicle parking spaces within a portion of the setback, but not extending into riparian vegetation), and installation of Best Management Practices prior to construction for protection of the riparian area. Creek Setback Exception Prefumo Creek travels along the western boundary of the project site. Policies for Creeks, Wetlands, and Flooding described in the Land Use Element (§ 6.6) call for maintenance of natural conditions and habitat, prevention of damage from flooding, runoff reduction, groundwater recharge, minimization of impervious coverage, and adequate erosion control measures. The portion of the site adjacent to Prefumo Creek is subject to a 20-foot Creek Setback as described in Zoning § 17.16.025 (E) (1). The limited developable area of the site, its curving street frontage, and its unusual shape, tapering and narrowing at its northeast side, constrain its development. The requested exception would allow six unenclosed vehicle parking spaces within the required 20-foot creek setback that extends from the edge of the riparian vegetation at the west side of the site (see Figure 4), but no structures would be placed within this setback. Encroachment of these six uncovered spaces into the 20-foot setback ranges from 7 to 20 feet, occupying 35% of the required setback area. Figure 4: Creek setback (dashed line); shaded area depicts riparian vegetation Packet Pg 157 9 Given the constrained developable area of the site, available ground-level floor area would be reduced by about 900 square feet (from the 1,512 square feet proposed) without the requested exception. Redesign to achieve a viable project under that constraint would likely involve additional building height to maintain adequate floor area, negatively affecting the building’s proportions and functional efficiency, and causing it to appear more prominent from Highway 101 toward hill views beyond. Existing riparian vegetation is required to be retained as a condition of project approval. Additionally, the spaces receiving the exception will be surfaced with permeable pavers for enhanced appearance and stormwater treatment. The Natural Resources Manager has reviewed the project plans and concurs that the requested creek setback exception is an appropriate means of allowing reasonable use of the site, consistent with the intent of Zoning § 17.16.025 (G) (4). CONCURRENCES Project plans were reviewed by the Building & Safety Division, the Fire, Public Works, and Utilities Departments, and by the Natural Resources Manager. Relevant comments have been incorporated into the draft resolution as recommended conditions of project approval. ENVIRONMENTAL REVIEW A Mitigated Negative Declaration (MND; Attachment K) has been prepared for the project and includes Mitigation Measures to reduce potential impacts to air quality, biological resources, cultural resources, geology and soils, and transportation and traffic, to a “less than significant” level. It was circulated for public review, with no comments received in response as of the closing of the review period January 8, 2018. The MND was submitted to the State Clearinghouse and reviewed by several agencies, with no agencies submitting comments in response. FISCAL IMPACT Approval of the project will allow development of the property for commercial use, which will incrementally add to the City’s sales tax revenue resulting in a positive fiscal impact. Typically, commercial projects generate more revenue than they create in terms of demand for city services. ALTERNATIVES 1. Continue consideration of the item with direction to applicant and staff regarding pertinent items. 2. Deny the Zoning Map Amendment based on findings of inconsistency with applicable General Plan policies. This alternative would preclude development of the property for Tourist-Commercial uses, and construction of the proposed building and need for a Creek Setback Exception, based on findings of inconsistency with land use limitations in Zoning Regulations. 3. Refer the project back to the Planning Commission for reconsideration and for further development and adoption of more complete and specific findings forming the basis of the Packet Pg 158 9 Commission’s recommendation. Attachments: a - Council Resolution (Draft) b - Council Ordinance (Draft) c - Exhibit A to Ordinance - Zoning Map d - Vicinity Map e - Overview (Land Use and Zones) f - Project Plans (Reduced) g - ARC Minutes (Nov 13 2017) and Resolution (1020-17) h - PC Minutes (Dec 20 2017) and Resolution (1014-17) i - Assessor Parcel Map (Detail) j - Zoning Regulations (Table 9 – Permitted Uses) k - Council Reading File - Initial Study Packet Pg 159 9 R ______ RESOLUTION NO. _____ (2018 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, APPROVING CONSTRUCTION OF A NEW TWO STORY COMMERCIAL BUILDING AND A CREEK SETBACK EXCEPTION FOR UNENCLOSED PARKING SPACES 1460 CALLE JOAQUIN (ARCH-3413-2016, EID-0016-2017) WHEREAS, AuzCo Development, LLC (“Applicant”) submitted Architectural Review, Rezoning, and Environmental Impact Determination applications (ARCH-3413-2016, RZ-0015- 2017, and EID-0016-2017) for rezoning of property at 1460 Calle Joaquin (APN 053-151-036), and its development with a new two-story commercial building; and WHEREAS, the Architectural Review 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 November 13, 2017 for the purpose of architectural review of the project design; and recommended that the City Council approve construction of the proposed commercial building and associated site improvements; and 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 December 20, 2017, for the purpose of formulating and forwarding recommendations to the City Council regarding the project applications, including the request for an exception to the 20-foot creek setback to allow uncovered parking spaces within a portion of the setback area, and recommended that the City Council designate the subject property as Tourism Commercial consistent with General Plan designation, but not adopt the Mitigated Negative Declaration (“MND”), and further recommended that the City Council not approve the creek exception; 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 March 6, 2018 for the purpose of considering final action on the project applications, including the MND and the requested creek setback exception to allow uncovered parking spaces within a portion of the setback area; and WHEREAS, notices of said public hearing and meeting were made at the time and in the manner required by law; and WHEREAS, the City Council has duly considered all evidence, including the record of the Architectural Review Commission and Planning Commission hearings and recommendations, testimony of the applicant and interested parties, and the evaluation and recommendations by staff presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Packet Pg 160 9 Resolution No. _____ (2018 Series) Page 2 R _______ 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, in accordance with the California Environmental Quality Act, 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 a) Mitigation Measure AQ-1. The following mitigation measures for reducing nitrogen oxides (NOx), reactive organic gases (ROG), and diesel particulate matter (DPM) emissions from construction equipment shall be incorporated into the project: i) Maintain all construction equipment in proper tune according to manufacturer’s specifications; ii) Fuel all off-road and portable diesel-powered equipment with CARB certified motor vehicle diesel fuel (non-taxed version suitable for use off-road); iii) Use diesel construction equipment meeting CARB's Tier 2 certified engines or cleaner off-road heavy-duty diesel engines, and comply with the State Off-Road Regulation; iv) Use on-road heavy-duty trucks that meet the CARB’s 2007 or cleaner certification standard for on-road heavy-duty diesel engines, and comply with the State On-Road Regulation; v) Construction or trucking companies with fleets that that do not have engines in their fleet that meet the engine standards identified in the above two measures (e.g. captive or NOx exempt area fleets) may be eligible by proving alternative compliance; vi) All on and off-road diesel equipment shall not idle for more than 5 minutes. Signs shall be posted in the designated queuing areas and or job sites to remind drivers and operators of the 5-minute idling limit; vii) Diesel idling within 1,000 feet of sensitive receptors is not permitted; viii) Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors; ix) Electrify equipment when feasible; x) Substitute gasoline-powered in place of diesel-powered equipment, where feasible; and, xi) Use alternatively fueled construction equipment on-site where feasible, such as compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel. Packet Pg 161 9 Resolution No. _____ (2018 Series) Page 3 R _______ b) Mitigation Measure AQ-2. The following mitigation measures shall be incorporated into the project to minimize nuisance impacts and to significantly reduce fugitive dust emissions: i) Reduce the amount of the disturbed area where possible; ii) Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible; iii) All dirt stock-pile areas should be sprayed daily as needed; iv) All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible, and building pads should be laid as soon as possible after grading unless seeding or soil binders are used; c) Mitigation Measure AQ-3. On-road diesel vehicles shall comply with Section 2485 of Title 13 of the California Code of Regulations, limiting diesel-fueled commercial motor vehicles with gross vehicular weight ratings of greater than 10,000 pounds and licensed for operation on highways. In general, the regulation specifies that drivers of said vehicles: i) Shall not idle the vehicle’s primary diesel engine for greater than 5 minutes at any location, except as noted in Subsection (d) of the regulation; and, ii) Shall not operate a diesel-fueled auxiliary power system (APS) to power a heater, air conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a sleeper berth for greater than 5.0 minutes at any location when within 100 feet of a restricted area, except as noted in Subsection (d) of the regulation. Signs must be posted in the designated queuing areas and job sites to remind drivers of the 5 - minute idling limit. d) Monitoring plan: Measures AQ-1 through AQ-3. Mitigation Measures AQ-1 through AQ-3 above shall be shown on grading and building plans; and the contractor or builder shall designate a person or persons to monitor the fugitive dust emissions and enhance the implementation of the measures as necessary to minimize dust complaints and to prevent transport of dust offsite. Their duties shall include holidays and weekend periods when work may not be in progress. e) Mitigation Measure AQ-4. Prior to any construction activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if the area disturbed is exempt from the Asbestos Air Toxics Control Measure (ATCM) regulations. An exemption request must be filed with the San Luis Obispo County Air Pollution Control District (APCD), as applicable. If the site is not exempt from the requirements of the regulation, the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and Asbestos Health and Safety Program for approval by the APCD. f) Monitoring plan: Measure AQ-4. All mitigation measures shall be shown on grading and building plans. In addition, the contractor shall designate a person or persons to Packet Pg 162 9 Resolution No. _____ (2018 Series) Page 4 R _______ monitor compliance with APCD requirements. The name and telephone number of such persons shall be provided to the APCD, Community Development and Public Works Departments prior to commencement of construction. The applicant shall provide documentation of compliance with APCD requirements to City staff prior to issuance of any grading or building permits. g) Mitigation Measure AQ-5. Any scheduled demolition activities or disturbance, removal, or relocation of utility pipelines shall be coordinated with the APCD Enforcement Division at (805) 781-5912 to ensure compliance with NESHAP, which include, but are not limited to: 1) written notification, within at least 10 business days of activities commencing, to the APCD, 2) asbestos survey conducted by a Certified Asbestos Consultant, and, 3) applicable removal and disposal requirements of identified asbestos containing material. h) Monitoring plan: Measure AQ-5. All mitigation measures shall be shown on grading and demolition plans. In addition, the contractor shall designate a person or persons to monitor compliance with APCD requirements. 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 APCD, Community Development and Public Works Departments prior to commencement of demolition activities i) Mitigation Measure AQ-6. Prior to any construction activities at the site, the project proponent shall ensure that all equipment and operations are compliant with California Air Resource Board and APCD permitting requirements, by contacting the APCD Engineering Division at (805) 781-5912 for specific information regarding permitting requirements. j) Monitoring plan: Measure AQ-6: Mitigation Measure AQ-6 shall be shown on grading and building plans. In addition, the contractor shall designate a person or persons to monitor compliance with APCD requirements. The name and telephone number of such persons shall be provided to the APCD, Community Development and Public Works Departments prior to commencement of construction. The applicant shall provide documentation of compliance with APCD requirements to City staff prior to issuance of any grading or building permits Biological Resources k) Mitigation Measure BIO-1. Prior to any development activities on the property, a pre- construction wildlife survey shall be conducted by a qualified professional, to determine if any special-status wildlife species or other environmental concerns are present, prior to construction. The survey shall include a survey of the riparian, aquatic, and ruderal areas on the property l) Mitigation Measure BIO-2. A nesting bird survey shall be conducted by a qualified professional two (2) weeks prior to the start of construction activities if activities occur during the active nesting bird season (February 1 to October 15). The survey shall include the riparian and ruderal areas on the property. Packet Pg 163 9 Resolution No. _____ (2018 Series) Page 5 R _______ m) Monitoring plan: Measures BIO-1 & BIO-2. All surveys required by Mitigation Measures BIO-1 and BIO-2 above shall be completed as specified in these measures, to the satisfaction of the Community Development Director and the Natural Resources Manager prior to the issuance of any construction permit to complete this project. n) Mitigation Measure BIO-3: A 20-foot Creek Setback from the existing drainage easement, and consistent with § 17.16.025 of City’s Zoning Regulations, shall be incorporated into the project design. o) Monitoring plan: Measure BIO-3. A Creek Setback is a development standard established by the City’s Zoning Regulations. Compliance with this measure shall be verified City Community Development Department and Natural Resources Manager. The Creek Setback shall be indicated on all grading and construction plans. p) Mitigation Measure BIO-4. Best Management Practices (e.g., straw wattles, Environmental Sensitive Area, exclusion fencing or silt fencing, etc.) shall be installed prior to construction, for protection of the riparian area and any special-status wildlife species (i.e., steelhead, California red-legged frog, western pond turtle, and nesting birds) that could be present. q) Monitoring Plan: Measure BIO-4: These measures shall be incorporated into, and noted on, all grading and construction plans. The City Community Development Department and Natural Resources Manager shall verify compliance. Cultural Resources r) Mitigation Measure CR-1. Prior to issuance of grading and construction permits, the following shall be included on all grading and construction plan sets: If, during the course of constructing and implementing the proposed Project, archaeological, paleontological, or cultural resources (i.e., prehistoric sites, historic sites, or isolated artifacts and features) are discovered, the contractor shall halt all ground disturbing activities immediately within 50 feet of the discovery, the City shall be notified, and a qualified professional archaeologist, architectural historian, or paleontologist (depending on the nature of the finding) shall be retained to evaluate the find and recommend appropriate mitigation measures. The City shall consider mitigation recommendations presented by the professional, and the City shall consult and agree upon implementation of feasible and appropriate measures. Such measures may include avoidance, preservation in place, excavation, documentation, curation, data recovery, or other appropriate measures. The City shall be required to implement any mitigation necessary for the protection of archaeological, paleontological, and cultural resources. s) Mitigation Measure CR-2. Prior to issuance of grading and construction permits, the following shall be included on all grading and construction plan sets: In the event of human burial discovery, no further disturbance shall occur within 100 feet of the finding until the San Luis Obispo County Coroner has made a determination of origin and disposition pursuant to Public Resources Code § 5097.98. The County Coroner Packet Pg 164 9 Resolution No. _____ (2018 Series) Page 6 R _______ must be notified of the find immediately. If the human remains are determined to be Native American, the County Coroner will notify the Native American Heritage Commission within 24 hours, which will determine and notify a Most Lik ely Descendant (MLD). The City shall allow the MLD to complete an inspection of the site (typically within 48 hours of notification) and shall comply with MLD recommendations, which may include scientific removal and nondestructive analysis of human remains and items associated with Native American burials. t) Monitoring Plan: Measures CR-1 & CR-2. These Mitigation Measures shall be noted on all grading and construction plans and be clearly visible to contractors and City inspectors. City staff will periodically inspect the site for continued compliance with the above Mitigation Measures. Geology and Soils u) Mitigation Measure GEO-1: All recommendations provided in § 8.0 (Conclusions and Recommendations) of the Soils Engineering Report prepared for the project (Project SL09150-3, dated July 5, 2017) by GeoSolutions, Inc. for ARH Quiky Investments, LLC, shall be incorporated into the project to the satisfaction of the Building Official. v) Monitoring Plan, GEO-1: These recommendations shall be incorporated into, and noted on, construction plans. The Building Official shall verify compliance. Transportation and Traffic w) Mitigation Measure TC-1: Prior to issuance of grading and construction permits, the applicant shall, to the satisfaction of the Director of Public Works: i) Enter into a covenant agreement with the City to contribute the project's "fair share" of cost for widening the southbound Calle Joaquin approach to Los Osos Valley Road and to add an additional turn pocket; and ii) Contribute its fair share of the Los Osos Valley Road interchange sub-area fees and Traffic Impact Fees x) Monitoring Plan, TC-1: The Public Works Director will verify compliance with this Mitigation Measure prior to issuance of grading and construction permits for this project. SECTION 2. Findings. Based upon all the evidence, the Council makes the following findings: a) The project is consistent with policies for Commercial and Industrial Development set out in the Land Use Element (LUE) of the City’s General Plan. The property is in an appropriate area (§ 3.1) near a freeway interchange where visitor-servicing uses have already concentrated (§ 3.6.2). The property is proposed to be designated as within a Tourist-Commercial (C-T) Zone, which implements and is consistent with the Tourist Commercial land use category described in the General Plan (LUE Figure 3), providing accommodations and services for the traveling public. Packet Pg 165 9 Resolution No. _____ (2018 Series) Page 7 R _______ b) As conditioned, the project is consistent with policies of the Land Use Element (LUE) of the General Plan related to Resource Preservation. The site and building design preserve natural conditions and minimize risks from flooding, consistent with Creeks, Wetlands, and Flooding Policies (LUE §6.6.1) and policies related to flood control (LUE §6.6.8, §6.7.1, and §6.7.2). Conditions of project approval address the flood- proofing measures to be incorporated into the project for compliance with Floodplain Management Regulations (Zoning Ch. 17.84). A Creek Setback is provided, consistent with Zoning § 17.16.025. No structure is located within the creek channel (LUE §6.6.4). c) The project will not be detrimental to the health, safety, and welfare of those living and working in the vicinity. Land uses permitted within a Tourist Commercial (C-T) Zone are compatible with neighboring land uses within adjacent Tourist Commercial (C-T) and Service Commercial (C-S) Zones, which are also tourist- and auto-oriented in nature. Consistent with Safety Element Policy 2.1 (Flood Hazard Avoidance and Reduction), development of the site is subject to compliance with Floodplain Management Regulations (Zoning Regulations Ch. 17.84). As provided in §4.2 (Settlement and Liquefaction), a Soils Engineering Report was prepared for the project by GeoSolutions, Inc (July, 2017), and implementation of recommendations made in the report will be verified by the Building & Safety Division prior to issuance of construction permits for the project. d) The project is consistent with the goals and policies of the General Plan Circulation Element related to Scenic Roadways and those of the Conservation and Open Space Element (COSE) related to Views. As directed by COSE §9.3.5, Visual Simulation Studies provided by the applicant demonstrate that the proposed building preserves, and does not block, views from the adjacent section of U.S. Highway 101, which is designated as a Scenic Roadway with high scenic value (Figure 3 – Scenic Roadways), and does not “wall off” the roadway, consistent with Circulation Element § 15.1.2 and COSE § §9.2.1 and 9.3.6. Conformance to Night Sky Preservation regulations (Zoning Ch. 17.23) will preserve the quality of the nighttime visual environment (Circulation Element § 15.1.2 (F)). Extensive use of glazing as a building surface provides additional visibility through the building toward hill views beyond. e) As conditioned, the project and proposed amendment to the Zoning Map are consistent with the policies and limitations of the San Luis Obispo County Regional Airport Land Use Plan and with the provisions of the Airport Overlay Zone (Zoning Regulations § 17.57.040). The proposed land use and project design are consistent with the permitted land use and development standards for the Tourist-Commercial (C T) Zone, and therefore consistent with airport compatibility policies and criteria intended to minimize the risk to people and property in the event of an accident or emergency aircraft landing. No structures are proposed that would affect navigable airspace, or Packet Pg 166 9 Resolution No. _____ (2018 Series) Page 8 R _______ present other flight hazards, and conditions of approval address overflight notice requirements (Zoning § 17.57.080). f) The project is consistent with land use limitations and development standards of the City’s Zoning Regulations applicable within a Tourist Commercial (C-T) Zone. The site and proposed building are designed to accommodate land uses and activities permitted in a Tourist Commercial (C-T) Zone (§17.22.090) and the project conforms to applicable development standards set out in Chapter 17.16 including those for density, yards, coverage, building height, and parking space requirements. g) As conditioned, a creek setback exception, as provided in Zoning Regulations §17.16.025(G)(4), is appropriate: i) The requested exception is minor in nature. The features receiving the exception, six unenclosed parking spaces, include no substantial structures (apart from permeable paved surface), and will extend between 7 and 20 feet into the standard 20’ creek setback depth, occupying about 35% of its area. Thus, the requested exception will have no impact to a scenic resource, will not limit flood control measures, and will not be detrimental to public welfare or injurious to other property in the area or downstream. ii) Development of the site is subject to the conduct and preparation of a pre- construction wildlife survey and nesting bird survey, as required by Mitigation Measures developed through environmental review of the project to avoid impacts to riparian habitat. iii) Mitigation Measures developed through environmental review of the project require preparation of a Stormwater Pollution Prevention Plan, and for Best Management Practices (BMPs) and Pollution Prevention Methods (PPMs) to be incorporated into grading and construction plans for the short and long-term management and protection of water quality. iv) Unusual circumstances apply to the site, arising from its limited area, curving frontage, and triangular shape, which do not apply generally to land in the vicinity and in the same Tourist-Commercial (C-T) Zone. These constraints preclude redesign of the project (through, for example, relocation or reduction in the number of parking spaces, or reduction in the building footprint area), as redesign would not allow for a sufficient number of parking spaces or a sufficient amount of floor area to achieve a viable development project and reasonable use of the property. v) The requested exception would not constitute a grant of special privilege, as property similarly situated, and subject to similar constraints of limited area, curving frontage, and triangular shape, would receive similar consideration. SECTION 3. Action. The City Council of the City of San Luis Obispo does hereby approve the requested creek setback exception for six (6) unenclosed parking spaces within a portion of the setback area, and approves construction of the project, with incorporation of Packet Pg 167 9 Resolution No. _____ (2018 Series) Page 9 R _______ environmental mitigation measures into the project, as set out in Section 1 above, and subject to the following conditions: Planning (Community Development) a) Zoning of property. No construction permits to complete this project shall be issued unless and until the subject property is determined to be designated within a Tourist Commercial Zone, pursuant to the Rezoning application RZ-0015-2017 currently under consideration by the City. b) Conformance to approved plans and conditions. Plans submitted for construction permits shall be in substantial compliance with the plans approved under this application, and with all conditions of project approval. Any change to the approved design, colors, materials, or landscaping, or to any conditions of approval must be reviewed and approved by the Community Development Director or Architectural Review Commission, as deemed appropriate. A separate full-size sheet shall be included in construction plans, listing all conditions of project approval, with reference made in the margin of the listed conditions as to where in plans requirements are addressed. c) Retention of riparian vegetation. Existing riparian vegetation within the area demarcated by the dashed line labeled “Existing Edge of Riparian Vegetation” on the Preliminary Site Plan included with this architectural review application shall remain undisturbed. d) Solid waste enclosure screening. Plans submitted for construction permits to complete this project shall include additional measures to further screen the solid waste enclosure area from public view, particularly along the southern edge of the site, adjacent to U.S. Highway 101, in a manner consistent with Community Design Guidelines § 6.1 (F), to the satisfaction of the Community Development Director. Such measures may include utilization of surrounding landscaping for further screening, techniques such as trailing vines on walls, and berming along site and rear walls. e) Signs. No approval is granted to any signage depicted in these plans. Project signage is subject to the issuance of Sign Permits, pursuant to the provisions of the City’s Sign Regulations (SLOMC Ch. 15.40). f) Avigation easement. Consistent with policies for Overflight set out in § 4.6.2 (a) (I) of the Airport Land Use Plan for the San Luis Obispo County Regional Airport, an avigation easement shall be recorded for the property prior to the issuance of a building permit for the project. g) Overflight notification. Consistent with policies for Overflight set out in § 4.6.2 (a) (II) of the Airport Land Use Plan for the San Luis Obispo County Regional Airport, all owners, potential purchasers, occupants (whether as owners or renters), and potential occupants (whether as owners or renters) shall receive full and accurate disclosure concerning the noise, safety, or overflight impacts associated with airport operations Packet Pg 168 9 Resolution No. _____ (2018 Series) Page 10 R _______ prior to entering any contractual obligation to purchase, lease, rent, or otherwise occupy the property, any property or properties within the airport area. Engineering Development Review (Community Development, Public Works) h) Projects involving the construction of new structures requires that complete frontage improvements be installed or that existing improvements be upgraded per city standard. MC 12.16.050 i) The building plan submittal shall show the build-out of curb, gutter, and sidewalk per city engineering standards along the complete property frontage. The termination of sidewalk may require the installation of a curb ramp. Any request to defer sidewalk installation shall be reviewed and approved by the City Engineer and C ommunity Development Director. j) Development of the driveway and parking areas shall comply with the Parking and Driveway Standards for dimension, maneuverability, slopes, drainage, and materials. Alternate paving materials are recommended for water quantity and/or quality control purposes and in the area of existing or proposed trees and where the driveway or parking area may occur within the dripline of any tree. Alternate paving material shall be approved to the satisfaction of the Planning Division. k) The building plan submittal shall include a complete site utilit y plan. All existing and proposed utilities along with utility company meters shall be shown. Existing underground and overhead services shall be shown along with any proposed alterations or upgrades. The current overhead services configuration shall be clearly shown on the plans. Any required ADA path of travel shall consider existing utility poles, guy wires, and vaults accordingly. Services to the new structures shall be underground. All work in the public right-of-way shall be shown or noted. l) Provisions for trash, recycle, and green waste containment, screening, and collection shall be approved to the satisfaction of the City and San Luis Obispo Garbage Company. The respective refuse storage area and on-site conveyance shall consider convenience, aesthetics, safety, and functionality. Drainage from the trash enclosure shall comply with the City Engineering Standard 1010.B regarding water quality treatment prior to discharge to the storm drain system or gutter. m) The building plan submittal shall include a complete grading, drainage and topo plan. The grading and drainage plan shall show existing structures and grades located within 15’ of the property lines in accordance with the grading ordinance. The plan shall consider historic offsite drainage tributary to this property that may need to be conveyed along with the improved on-site drainage. This development will alter and/or increase the storm water runoff from this site. The improved or altered drainage shall be directed to the street and not across adjoining property lines unless the drainage is conveyed within recorded easements or existing waterways. Packet Pg 169 9 Resolution No. _____ (2018 Series) Page 11 R _______ n) The building plan submittal shall include a final drainage report in accordance with the Drainage Design Manual and the Post Construction Stormwater Requirements. o) The building plan submittal shall show compliance with the Post Construction Stormwater Requirements as promulgated by the Regional Water Quality Control Board for developed sites. Include a complete Post Construction Stormwater C ontrol Plan Template as available on the City’s Website. p) An operations and maintenance manual will be required for the post construction stormwater improvements. The manual shall be provided at the time of building permit application and shall be accepted by the City prior to building permit issuance. A private stormwater conveyance agreement will be required and shall be recorded prior to final inspection approvals. q) This property is located within a designated flood zone as shown on the Flood Insurance Rate Map (FIRM) for the City of San Luis Obispo. As such, any new structures shall comply with all Federal Emergency Management Agency (FEMA) requirements and the city’s Floodplain Management Regulations per Municipal Code Chapter 17.84. r) This property is located in an AE flood zone. The buildings and/or building service equipment shall be elevated or flood-proofed to at least one foot above the Base Flood Elevation (BFE). Additional freeboard to 2’ above the BFE may result in additional savings on flood insurance and is encouraged. The pump house and water well development or retention shall comply with the Floodplain Management Regulations and Department of Water Resources Requirements for protecting equipment and groundwater resources respectively. The City recommends processing a Letter of Map Amendment (determination document) to remove the structure or a portion of the property from the Special Flood Hazard Area to eliminate mandatory flood insurance requirements. s) The building plan submittal shall show all existing trees on the property with a trunk diameter of 3" or greater. Offsite trees along the adjoining property lines with canopies and/or root systems that extend onto the property shall be shown to remain and be protected. Include the diameter and species of all trees. Tree canopies should generally be shown to scale for reference. The plan shall show all existing and proposed street trees. t) The building plan submittal shall show new street tree plantings. Street trees are required at a rate of one 15-gallon street tree for each 35 linear feet of frontage. Tree species and planting requirements shall be per City Engineering Standards. u) Street trees along the northerly frontage of Calle Joaquin shall be placed in tree wells, parkway, or with horizontal and vertical controls to accommodate future sidewalk installation if approved for deferral, to the satisfaction of the Public Works Director. Packet Pg 170 9 Resolution No. _____ (2018 Series) Page 12 R _______ v) Tree protection measures shall be implemented to the satisfaction of the City Arborist. The City Arborist shall review and approve the proposed tree protection measures prior to commencing with any demolition, grading, or construction. The City Arborist shall approve any safety pruning, the cutting of substantial roots, or grading within the dripline of trees. A city-approved arborist shall complete safety pruning. Any required tree protection measures shall be shown or noted on the building plans. Building (Community Development) w) Plans submitted for construction permits to complete this project shall include the following construction methods and materials: Ignition resistant exterior wall coverings; Fire sprinkler protection in attic areas (at least one “pilot head”); Ember resistant vent systems for attics and under floor areas, protected eaves, and Class ‘A’ roof coverings as identified in the California Building Code Chapter 7. Utilities x) Building permit submittal shall clarify size of existing and proposed water services and water meters for the project, including both potable and recycled water. y) The existing well shall be relocated to a “low impact activity” per the California Water Resources Control Board guide for private wells, or shall rehabilitate the well casing and well infrastructure to protect the groundwater basin in accordance to California Department of Water Resources Standard Bulletin 74-81 and 74-90. z) Where automobiles are serviced, greased, repaired, or washed, separators shall be provided to prevent the discharge of oil, grease, and other substances harmful or hazardous to the City’s wastewater collection system consistent with City standards. Indemnity aa) The applicant shall defend, indemnify and hold harmless the City and/or its agents, officers and employees from any claim, action or proceeding against the City and/or its agents, officers or employees to attack, set aside, void or annul, the approval by the City of this project, and all actions relating thereto, including bu t not limited to environmental review Indemnified Claims”). The City shall promptly notify the applicant of any Indemnified Claim upon being presented with the Indemnified Claim and the City shall fully cooperate in the defense against an Indemnified Claim. Upon motion of Council Member ______ , seconded by Council Member ______ , and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this 6th day of March 2018. Packet Pg 171 9 Resolution No. _____ (2018 Series) Page 13 R _______ ____________________________________ Mayor Heidi Harmon ATTEST: ____________________________________ Carrie Gallagher, CMC City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this ______ day of ______________, _________. ____________________________________ Carrie Gallagher, CMC City Clerk Packet Pg 172 9 O ______ ORDINANCE NO. _____ (2018 SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA AMENDING THE CITY’S ZONING MAP TO DESIGNATE PROPERTY ON THE SOUTH SIDE OF CALLE JOAQUIN, EAST OF LOS OSOS VALLEY ROAD, TO BE WITHIN A TOURIST COMMERCIAL (C-T) ZONE 1460 CALLE JOAQUIN (RZ-0015-2017; EID- 0016-2017) WHEREAS, AuzCo Development, LLC (“Applicant”) submitted Architectural Review, Rezoning, and Environmental Impact Determination applications (ARCH-3413-2016, RZ-0015- 2017, and EID-0016-2017) for rezoning of property at 1460 Calle Joaquin (APN 053-151-036), and its development with a new two-story commercial building; and 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 December 20, 2017, for the purpose of formulating and forwarding recommendations to the City Council regarding the project applications, and recommended that the City Council designate the subject property as Tourism Commercial consistent with General Plan designation; 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 March 6, 2018 for the purpose of considering final action on the project applications; and WHEREAS, notices of said public hearing and meeting were made at the time and in the manner required by law; and WHEREAS, the City Council has considered the Mitigated Negative Declaration (EID-0016-2017) 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 record of the Architectural Review Commission and Planning Commission hearings and recommendations, testimony of the applicant and interested parties, and the evaluation and recommendations by staff presented at said hearing. NOW, THEREFORE, 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 (MND), adopted by the Council with Resolution No. ________ (2018 Series) adequately addresses the potential significant environmental impacts of the proposed project, in accordance with the California Environmental Quality Act, and reflects the independent judgment of the Council. Packet Pg 173 9 Ordinance No. _____ (2018 Series) Page 2 O _________ SECTION 2. Findings. Based upon all the evidence, the Council makes the following findings: a) The proposed amendment to the Zoning Map is consistent with policies for Commercial and Industrial Development set out in the Land Use Element (LUE) of the City’s General Plan. The property is in an appropriate area (§ 3.1) near a freeway interchange where visitor-servicing uses have already concentrated (§ 3.6.2). The property is designated for Tourist Commercial land use in the General Plan Land Use Diagram (LUE Figure 3), and the Tourist-Commercial zone implements and is consistent with the Tourist Commercial land use category, providing accommodations and services for the traveling public. b) The proposed amendment to the Zoning Map will not be detrimental to the health, safety, and welfare of those living and working in the vicinity. Land uses permitted within a Tourist Commercial (C-T) Zone are compatible with neighboring land uses within adjacent Tourist Commercial (C-T) and Service Commercial (C-S) Zones, which are also tourist- and auto-oriented in nature. c) The proposed amendment to the Zoning Map will not adversely affect the amount of area within the city set aside for other uses as the property is currently not designated to be within any Zone, but is within an area designated within the General Plan for Tourist Commercial uses. d) The proposed amendment to the Zoning Map is consistent with the policies and limitations of the San Luis Obispo County Regional Airport Land Use Plan and with the provisions of the Airport Overlay Zone (Zoning Regulations § 17.57.040). The Tourist Commercial (C-T) Zone provides for a range of permitted uses that have been found to be consistent with airport compatibility policies and criteria intended to minimize the risk to people and property in the event of an accident or emergency aircraft landing. Further development of the property is subject to conformance to policies protecting navigable airspace, avoiding other flight hazards, and providing adequate overflight notice requirements. SECTION 3. Action. The City Council does hereby amend the City’s Zoning Map to designate the subject property as being within a Tourist Commercial (C-T) Zone, as depicted in Exhibit A of this Ordinance. 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 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 6th day of March 2018, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the ____ day of ____, 2018, on the following vote: AYES: Packet Pg 174 9 Ordinance No. _____ (2018 Series) Page 3 O _________ NOES: ABSENT: ____________________________________ Mayor Heidi Harmon ATTEST: ____________________________________ Carrie Gallagher, CMC City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this ______ day of ______________, _________. ______________________________ Carrie Gallagher, CMC City Clerk Packet Pg 175 9 C-S-S C-T C/OS-20 C-T C/OS-20Prefumo CreekPre fumo C reek 101 S101 N101 S OFFCALLE JOA Q UI N 1443 1460 RZ-0015-2017 (1460 Calle Joaquin)"Exhibit A" Packet Pg 176 9 C/OS-20 C-S-S C-S C-S-PD C-T C-T C-T-SF C/OS-10 C/OS-20 R-1 CALLE JO A Q UI N LOS OSOS VALLEY Sources: Esri, HERE, DeLorme, USGS,Intermap, INCREMENT P, NRCan, Esri Japan,METI, Esri China (Hong Kong), Esri Korea, Esri VICINITY MAP RZ-0015-2017 1460 Calle Joaquin ¯ Packet Pg 177 9 LOS OSOS VALLEY CALLE JOA Q UI N HWY 101101 S ONHWY 101101 S OFFPublic Service andManufacturing Tourist Open Space Open Space Specific Plan General Plan Land Use Designations Packet Pg 178 9 C/OS-20 C-T C-S-S C/OS-20LOS OSOS VALLEY CALLE JOA Q UI N HWY 101101 S ONHWY 101101 S OFFZoning Designations Packet Pg 179 9 Packet Pg 1809 Packet Pg 1819 Packet Pg 1829 Packet Pg 1839 Packet Pg 1849 Packet Pg 1859 Packet Pg 1869 Packet Pg 1879 Packet Pg 1889 Packet Pg 1899 Minutes ARCHITECTURAL REVIEW COMMISSION Monday, November 13, 2017 Special Meeting of the Architectural Review Commission CALL TO ORDER A Special Meeting of the Architectural Review Commission was called to order on Monday, November 13, 2017 at 5:00 p.m. in the Council Chambers, located at 990 Palm Street, San Luis Obispo, California, by Chair Wynn. APPOINTMENTS 1. Oath of Office City Clerk Carrie Gallagher administered the Oath of Office to new Commissioner Micah Smith. ROLL CALL Present: Commissioners Amy Nemcik, Micah Smith, Richard Beller, Vice-Chair Angela Soll, and Chair Greg Wynn Absent: Commissioners Brian Rolph and Allen Root Staff: Michael Codron, Community Development Director, Deputy Director Doug Davidson; Walter Oetzell, Assistant Planner; Rachel Cohen, Associate Planner; Jon Ansolabehere, Assistant City Attorney, and Jennifer Hooper, Recording Secretary. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA Allan Cooper. James Lopes. End of Public Comment-- APPROVAL OF MINUTES ACTION: MOTION BY COMMISSIONER NEMCIK SECOND BY VICE-CHAIR SOLL, CARRIED 4-0-2-1 (COMMISSIONER SMITH ABSTAINED), TO APPROVE THE MINUTES OF THE ARCHITECTURAL REVIEW COMMISSION MEETINGS OF SEPTEMBER 18, 2017 AND OCTOBER 16, 2017. Packet Pg 190 9 Minutes – Architectural Review Commission Meeting of November 13, 2017 Page 3 PUBLIC HEARINGS 1. 1460 Calle Joaquin. Architectural Review of a new two-story building with 2,844 square feet of commercial floor area. Case #ARCH-3413-2016; No Zone (proposed as C-T Zone with rezoning); AuzCo Development, LLC, applicant. Assistant Planner Walter Oetzell presented the staff report with the use of a PowerPoint presentation and responded to Commissioner inquiries. Applicant Representative, Architect George Garcia gave a brief presentation and responded to Commissioner inquiries. Public Comment: None. End of Public Comment— Commission discussion followed. ACTION: MOTION BY COMMISSIONER BELLER, SECOND BY COMMISSIONER SMITH, CARRIED 5-0-2, to adopt the Resolution entitled: “A Resolution of the Architectural Review Commission of the City of San Luis Obispo recommending to the City Council design approval of the new commercial site and building located at 1460 Calle Joaquin, as depicted in project plans dated October 5, 2016 (Tourist Commercial (C-T) zone (proposed)); Case #ARCH- 3413-2016)” with the following amendments: WHEREAS, the Architectural Review Commission of the City of San Luis Obispo conducted a public hearing in the Council Hearing Room (Room 9) Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on November 6, 2017 November 13, 2017, to consider the application; and… Condition #18: add: “to the satisfaction of the Public Works Director.” 2. 570, 578, 590 Marsh &581 Higuera Streets. Continued architectural review of a new mixed- use project that includes three, four-story structures with a request for a maximum height of 59.5 feet. The project includes 19,792 square feet of commercial space, 62 residential units, 36 hotel rooms, and a two-level underground parking garage with 136 parking spaces, as well as a request for a new driveway approach to the parking garage along on Nipomo Street. The project is categorically exempt from environmental review. Case #: ARCH-2213-2015; C-D zone, The Obispo Company, applicant. Associate Planner Rachel Cohen presented the staff report with use of a PowerPoint presentation and responded to Commissioner inquiries. Packet Pg 191 9 Minutes – Architectural Review Commission Meeting of November 13, 2017 Page 6 Building at 581 Higuera Street: Revise the two-story windows in the structure so that they are more in scale with the structure and downtown architecture. Address height and scale by setting back the entire fourth floor of the structure and consider other modifications to reduce the massing towards the Jack House property. Vines covering the building are not necessary. Vines are most appropriate on the first-floor portion of the structure and along the third-floor cornice where it appears someone can water the plants from the deck. ACTION: MOTION BY COMMISSIONER BELLER, SECOND BY VICE CHAIR SOLL, CARRIED 5-0-2 to continue the item to a date uncertain. COMMENT AND DISCUSSION a. Agenda Forecast & Staff Updates - Deputy Director Davidson provided a brief agenda forecast. b. Formation of an ARC Subcommittee to review the revised plans as directed by the City Council at their October 17, 2017 meeting – 1135 Santa Rosa project. Chair Wynn, Commissioners Micah Smith and Amy Nemcik were selected to be the subcommittee to review the revised plans for the 1135 Santa Rosa project. ADJOURNMENT The meeting was adjourned at 9:58 p.m. The next Regular meeting of the Architectural Review Commission is scheduled for Monday, November 20, 2017 at 5:00 p.m., in the Council Hearing Room, 990 Palm Street, San Luis Obispo, California. APPROVED BY THE ARCHITECTURAL REVIEW COMMISSION: 12/04/2017 Packet Pg 192 9 Packet Pg 193 9 Packet Pg 194 9 Packet Pg 195 9 Packet Pg 196 9 Packet Pg 197 9 City of San Luis Obispo, Council Agenda, City Hall, 990 Palm Street, San Luis Obispo Planning Commission Minutes - Draft Wednesday, December 20, 2017 Regular Meeting of the Planning Commission CALL TO ORDER A Regular Meeting of the San Luis Obispo Planning Commission was called to order on Wednesday, December 20, 2017 at 6:00 p.m. in the Council Chamber, located at 990 Palm Street, San Luis Obispo, California, by Chair Stevenson. ROLL CALL Commissioners Present: Commissioners Kim Bisheff, Hemalata Dandekar, Ronald Malak, Nicholas Ostebur, Vice-Chair John Fowler and Chair Charles Stevenson. Commissioners None Absent: City Staff Present: Community Development Deputy Director Davidson, Assistant City Attorney Jon Ansolabehere, Principal Planner Tyler Corey, Associate Planner Kyle Bell; Planning Technician Kyle Van Leeuwen, Assistant Planner Walter Oetzell; Recording Secretary Teresa Purrington. Pledge of Allegiance Chair Stevenson led the Pledge of Allegiance. Chair Stevenson requested to reorder the agenda to hear Item 5 Part A and B after Item 2. By consensus, the Planning Commission reordered the agenda as requested. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA None Packet Pg 198 9 Planning Commission Meeting Minutes December 20, 2017 Page 4 of 7 “A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION DENYING AN APPEAL OF THE ADMINISTRATIVE HEARING OFFICER’S DECISION TO APPROVE A USE PERMIT FOR AN ESCAPE ROOM BUSINESS, CLASSIFIED AS A COMMERCIAL RECREATION FACILITY – INDOOR, WITH CONDITIONS LIMITING HOURS OF OPERATION AND REQUIRING A REVIEW OF THE USE PERMIT SIX MONTHS AFTER OCCUPANCY OF THE BUSINESS, IN THE DOWNTOWN COMMERCIAL ZONE WITH A MIXED-USE OVERLAY, AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED DECEMBER 20, 2017 (583 MARCH STREET APPL-1135-2017)” With the elimination of Planning Condition #5. Motion passed 5-1-0 on the following roll call vote: AYES: COMMISSIONERS BISHEFF, DANDEKAR, OSTEBUR, VICE-CHAIR FOWLER AND CHAIR STEVENSON NOES: COMMISSIONER MALAK ABSENT: NONE 4. 1460 Calle Joaquin; Consideration of an amendment to the City’s Zoning Map to designate property at 1460 Calle Joaquin to be within a Tourist Commercial (C-T) Zone; construction of a new two-story commercial building; an exception to the Creek Setback requirement to allow six (6) uncovered parking spaces within the setback; and a Mitigated Negative Declaration of environmental review. Case # RZ-0015-2017 & EID-0016-2017; No Zone (C-T Zone proposed); AuzCo Development, LLC, applicant Assistant Planner Walter Oetzell, presented the staff report and responded to Commission inquiries. Applicant Representative, George Garcia, provided an overview of the project. PUBLIC COMMENT None --End of Public Comment-- RECESS: The Commission recessed at 9:39 p.m. and reconvened at 9:53 p.m. with all Commissioners present. Packet Pg 199 9 Planning Commission Meeting Minutes December 20, 2017 Page 5 of 7 ACTION: MOTION BY COMMISSIONER MALAK, SECOND BY VICE CHAIR FOWLER, based on the record and the testimony presented, including the visual simulations, the PC hereby recommends that the City Council amend the Zoning Map to designate the subject property as being within a Tourist Commercial (C-T) Zone, consistent with its General Plan designation, but not adopt the Mitigated Negative Declaration, based on potential significant environmental impacts to aesthetics, specifically, blocking of views of Irish Hills and the scenic corridor, and further recommends that the City Council not approve the creek exception. Motion passed 5-1-0 on the following roll call vote: AYES: COMMISSIONERS DANDEKAR, MALAK, OSTEBUR, VICE-CHAIR FOWLER AND CHAIR STEVENSON NOES: COMMISSIONERS BISHEFF ABSENT: NONE BUSINESS ITEM 5. Zoning Regulations Update. The Zoning Regulations Update is focused on implementing the policies and programs of the Land Use and Circulation Elements (LUCE). This will be a standing item on the Planning Commission agenda from June 14, 2017 through completion of the Update of the Zoning Regulations, tentatively scheduled for completion in March 2018. This will be an opportunity for staff to update the Commission on the status of the Zoning Regulations Update and for the Commission to listen to ongoing public testimony and discuss any such updates as they come forward. As a standing item, sometimes there will be nothing to report; other times staff will give a brief update with limited discussion; and at certain points, such as review of the Land Use Table, Parking Requirements, and the Reformatted Outline, there will be more substantive discussion on the item. When materials are associated with the Update, as with the White Papers associated with the Update, such information will be made available to the public and Commission prior to the meeting. Specific Items for Consideration are: 1. Draft White Paper: Case Studies in Local Adult-Use and Medical Marijuana Regulations 2. Alcohol Outlet Regulations Effectiveness Update (to inform implementation of Land Use Element 4.32) Deputy Community Development Director Doug Davidson, and Associate Planner Kyle Bell, presented the staff report and responded to Commission inquiries. PUBLIC COMMENT Jody Belsher Lisa Guy Vivian Soul Packet Pg 200 9 Planning Commission Meeting Minutes December 20, 2017 Page 7 of 7 --End of Public Comment-- NO ACTION: Commissioners discussed and provided general direction. COMMENT AND DISCUSSION 6. Agenda Forecast – Deputy Community Development Director Doug Davidson provided an update of upcoming projects. ADJOURNMENT The meeting was adjourned at 10:10 p.m. The next Regular meeting of the Planning Commission is scheduled for Wednesday, January 10, 2018 at 6:00 p.m., in the location, 990 Palm Street, San Luis Obispo, California. APPROVED BY THE ADVISORY BODY NAME: XX/XX/2017 Packet Pg 201 9 Packet Pg 202 9 Packet Pg 203 9 Packet Pg 204 9 Packet Pg 205 9 Packet Pg 206 9 City of San Luis Obispo March 2015 Zoning Regulations TABLE 9 - USES ALLOWED BY ZONE Permit Requirement by Zoning District Specific use Land Use AG C/OS R1 R2 R3 R4 PF O (1) C-N C-C C-D C-R C-T C-S M BP Regulations AGRICULTURE Crop production A A A D D Grazing A A Greenhouse/Plant Nursery, commercial PC PC Community Gardens D D D D D Livestock feed lot PC PC INDUSTRY, MANUFACTURING & PROCESSING, WHOLESALING Bakery, wholesale AAPC DA Industrial research and development PC D D PC A A A A Laundry, dry cleaning plant AA Manufacturing - Heavy PC PC Manufacturing - Light DAA Petroleum product storage and distribution D Photo and film processing lab AA Printing and publishing AAA D D Recycling facilities - Small collection facility D D D A Storage - Personal storage facility AA Storage yard DA Warehousing, indoor storage AAPC Wholesaling and distribution AAPC LODGING Bed and breakfast inn D PC PC A A A Homeless shelter PC PC A PC PC PC PC PC PC PC PC 17.08.110 Hostel PC PC A A A Hotel, motel AAA PC Recreational vehicle (RV) park accessory to hotel, motel PC Vacation Rental 17.22.G Key:A = Allowed D = Director's Use Permit approval required PC = Planning Commission Use Permit approval required A/D = Director's approval on ground floor, allowed on second floor or above Note:Footnotes affecting specific land uses follow the table. Page 101 Furniture and fixtures manufacturing, cabinet shop Laboratory - Medical, analytical, research, testing Recycling facilities - Collection and processing facility Recycling facilities - Scrap and dismantling yard Packet Pg 207 9 City of San Luis Obispo Zoning Regulations March 2015 TABLE 9 - USES ALLOWED BY ZONE - Continued Permit Requirement by Zoning District Specific use Land Use AG C/OS R1 R2 R3 R4 PF O (1) C-N C-C C-D C-R C-T C-S M BP Regulations RECREATION, EDUCATION, & PUBLIC ASSEMBLY USES Club, lodge, private meeting hall D D A D A/D D D D Commercial recreation facility - Indoor PC D D D D D(12) PC D 17.08.060 Commercial recreation facility - Outdoor PC PC Educational conferences D D D D 17.08.010.C.6 Fitness/health facility DADDPCAAD Golf Course PC Library, museum PC D D D D Library, branch facility DDDD Night club D D D D D D Chapter 17.95 Park, playground D D A A A A D D A A A Public assembly facility PC D D D D PC Religious facility PC D D D D A D D D A D(7) D(7) D(7) PC PC School - College, university campus PC School - Elementary, middle, secondary PC PC D D PC D School - Specialized education/training PC A/D A/D A A A Special event DDDDDDDDD 17.08.010 Sports and active recreation facility PC PC PC PC Sports and entertainment assembly facility PC PC Studio - Art, dance, martial arts, music, etc.D D A/D A/D A PC A Theater PC(8)D D D D Chapter 17.95 Theater - Drive-in PC PC RESIDENTIAL USES Boarding/rooming house, dormitory PC D D D Chapter 17.20 Caretaker quarters A A A A A A A A A A A A A A A D Convents and monasteries PC A A D Fraternity, sorority PC PC High occupancy residential use D D Home occupation H H H H H H H H H H H H H H 17.08.090 Live/work units A A A A A 17.08.120 Mixed-use project A A A A A A PC PC 17.08.072 AAAAAA AA Mobile home park A A A A Multi-family dwellings A A A A D D A A A A A A A/D A/D A/D D A A A A A D A/D A/D D Residential hospice facility PC PC D PC PC D Rest home A A A A A D A/D A/D D Single-family dwellings A A A(2) A A A A D D Secondary dwelling units A A A A A Chapter 17.21 Work/live units D D 17.08.120 Key:A = Allowed D = Director's Use Permit approval required PC = Planning Commission Use Permit approval required A/D = Director's approval on ground floor, allowed on second floor or above H = Home Occupation Permit required Note:Footnotes affecting specific land uses follow the table. Page 102 Residential care facilities - 6 or fewer residents Residential care facilities - 7 or more residents School - Boarding school, elementary, middle, secondary School - College, university - Satellite classroom facility Mobile home as temporary residence at building site Packet Pg 208 9 City of San Luis Obispo March 2015 Zoning Regulations TABLE 9 - USES ALLOWED BY ZONE - Continued Permit Requirement by Zoning District Specific use Land Use AG C/OS R1 R2 R3 R4 PF O (1) C-N C-C C-D C-R C-T C-S M BP Regulations RETAIL SALES Auto and vehicle sales and rental DAPC Auto parts sales, with installation D(5) A A Auto parts sales, without installation ADA AA Bakery, retail AAAAADD Bar/Tavern DDDDDD Building and landscape materials sales, indoor A A A A A DDA AA DD Convenience store D D D A A A A A D D D 17.08.095 Extended hour retail DDDDDDDD Farm supply and feed store PC A A Fuel dealer (propane, etc)DA Furniture, furnishings, and appliance stores A A A A General retail - 2,000 sf or less A(3) A A A A D(3) D A A DAAD DAA PC PC PC Groceries, specialty foods A(10) A A A PC Liquor Store/Alcohol Sales DDDDPC 17.11 Mobile home, RV, and boat sales APC Office-supporting retail, 2,000 sf or less A A A A A D DDAA D Wine tasting room - off site DDDDDDD Outdoor temporary and/or seasonal sales See Section 17.08.020 17.08.020 Produce stand D D A A A A Restaurant AAAAADD Restaurant with late hour alcohol service D D D D D D D 17.11 & 17.100.R. Outdoor BBQ/Grill, accessory to restaurant D D D D D D D Service station (see also "vehicle services") D D D D A 17.08.030 Vending machine See Section 17.08.050 17.08.050 Warehouse stores - 45,000 sf or less gfa D D D Warehouse stores - more than 45,000 sf gfa PC PC PC Key:A = Allowed D = Director's Use Permit approval required PC = Planning Commission Use Permit approval required A/D = Director's approval on ground floor, allowed on second floor or above Note:Footnotes affecting specific land uses follow the table. Page 103 Office-supporting retail, More than 2,000, up to 5,000 sf Construction and heavy equipment sales and rental General retail - More than 2,000 sf, up to 15,000 sf General retail - More than 15,000 sf, up to 45,000 sf Building and landscape materials sales, outoor General retail - More than 60,000 sf, up to 140,000 sf General retail - More than 45,000 sf, up to 60,000 sf Packet Pg 209 9 City of San Luis Obispo Zoning Regulations March 2015 TABLE 9 - USES ALLOWED BY ZONE - Continued Permit Requirement by Zoning District Specific use Land Use AG C/OS R1 R2 R3 R4 PF O (1) C-N C-C C-D C-R C-T C-S M BP Regulations SERVICES - BUSINESS, FINANCIAL & PROFESSIONAL ATMs AAAAAAAAA Banks and financial services A A A A D(4) D(4) D Business support services A A A/D A A A A D D D A D(11) D(11) Medical service - Doctor office A A/D A/D A D(11) D(11) Medical service - Extended care PC PC D PC PC D Medical service - Hospital PC PC Convalescent hospital PC PC Office - Accessory AAAAAAAA Office - Business and service A A A/D A D (4) D(4) D Office - Government D PC A A PC Office - Processing D D D D(4) D(4) A Office - Production and administrative A A/D A/D A D(4) D(4) A Office - Professional A A/D A/D A D Office - Temporary See Section 17.08.010.C Photographer, photographic studio AA/DAPCA SERVICES - GENERAL Catering service DDADAA Cemetery, mausoleum, columbarium PC PC PC PC PC PC PC PC PC PC Copying and Quick Printer Service A A A A A A A A Day care - Day care center (child/adult) D(9) D(9) D(9) D(9) D(9) A A A A/D A D(9) D(9) D(9) D 17.08.100 Day care - Family day care home (small/large) A A A A A A A A A A A A 17.08.100 Equipment rental AAD DD Maintenance service, client site services AAPC Mortuary, funeral home D D A D Personal services AAAADA D Personal services - Restricted DD Public safety facilities PC PC Public utility facilities PC A A 17.08.080 AAD Residential Support Services AAAA Social service organization D A D A A A D D D AAD PC D A A D Vehicle services - Carwash DDPCDD PC PC DD DDAA/DA A D Key:A = Allowed D = Director's Use Permit approval required PC = Planning Commission Use Permit approval required A/D = Director's approval on ground floor, allowed on second floor or above Note:Footnotes affecting specific land uses follow the table. Page 104 Veterinary clinic/hospital, boarding, large animal Vehicle services - Repair and maintenance - Minor Repair service - Equipment, large appliances, etc. Veterinary clinic/hospital, boarding, small animal, indoor Medical service - Clinic, laboratory, urgent care Vehicle services - Repair and maintenance - Major Food bank/packaged food distribution center Veterinary clinic/hospital, boarding, small animal, outdoor Packet Pg 210 9 City of San Luis Obispo March 2015 Zoning Regulations TABLE 9 - USES ALLOWED BY ZONE - Continued Permit Requirement by Zoning District Specific use Land Use AG C/OS R1 R2 R3 R4 PF O (1) C-N C-C C-D C-R C-T C-S M BP Regulations TRANSPORTATION & COMMUNICATIONS Airport PC PC PC D ADD Antennas and telecommunications facilities D D D D D D D D D D D 17.16.120 Media Production - Broadcast studio A A/D A A A A DDD Heliport PC PC PC Parking facility PC(6) PC(6) PC(6) D(6) D(6) D(6) Parking facility - Multi-level PC(6) PC(6) PC(6) PC(6) PC(6) PC(6) Parking facility - Temporary PC D D D D D D D D 17.08.010 Railroad facilities DA Transit station or terminal PC PC PC D A Transit stop AAAAAAAA Truck or freight terminal AAD PC PC Key:A = Allowed D = Director's Use Permit approval required PC = Planning Commission Use Permit approval required A/D = Director's approval on ground floor, allowed on second floor or above Note:Footnotes affecting specific land uses follow the table. Page 105 Ambulance, taxi, and/or limousine dispatch facility Water and wastewater treatment plants and services Media Production - Backlots/outdoor facilities and soundstages Packet Pg 211 9 Page intentionally left blank. Packet Pg 212 9 MMiI� Newspaper of the Central Coast 3825 South Higuera • Post Office Box 112 • San Luis Obispo, Californiz In The Superior Court of The State of California In and for the County of San Luis Obispo AD #3538180 CITY OF SAN LUIS OBISPO OFFICE OF THE CITY CLERK STATE OF CALIFORNIA SS. County of San Luis Obispo I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen and not interested in the above entitled matter; I am now, and at all times embraced in the publication herein mentioned was, the principal clerk of the printers and publishers of THE TRIBUNE, a newspaper of general Circulation, printed and published daily at the City of San Luis Obispo in the above named county and state; that notice at which the annexed clippings is a true copy, was published in the above-named newspaper and not in any supplement thereof — on the following dates to wit;; FEBRUARY 24, 2018 that said newspaper was duly and regularly ascertained and established a newspaper of general circulation by Decree entered in the Superior Court of San Luis Obispo County, State of California, on June 9, 1952, Case #19139 under the Government Code of the State of California. I certify (or declare) under the penalty of perjury that the foregoing is true and correct. ram ��- (SioAture of Principal Clerk) DATE: FEBRUARY 24, 2018 AD COST: $232.00 RECEIVED MAR Q 2 2018 Cm Sfut Curs coo SAN LUIS OBISPO CITY COUNCIL NOTICE OF PUBLIC HEARING The San Luis Obispo City Council invites ail interested persons to attend a public hearing on Tuesday, March 6, 2018, at 6:00 p.m. in the City Hall Council Cham- ber, 990 Palm Street, San Luls Obispo, California, relative to the following: MAP public hearing to consider Introducing an dinance amending the Cfty's Zoning ap to designate property at 1480 Calla acufn to be. withIn a Tourisl Commercial' •T] Zone; adopt a resofutivn approving nalruction of a new two-atory commer- rl building, granting an exception to the oak Setback reyutrament to atksw Six (6) covered parking spaces within the set- ok, and adopting a Mitigated Negative claralion of environmental review. For more information, you are invited to contact Walter Oelxeil of the City's Com- munity Development at (805) 781-7993 or by email at woet2emaloct. _tY�Or4 REC- public hearing to consider the Human 1lations Commission's recommendation adopt a resolution approving funding al- :altons for $444,380 of CDBG funds for s 2018 Program Year For more information, you are Invited to contact Cara Vereschagln of the City's "ommunity Development 000artmenl al (805) 781.7596 or by email at verC %KK * The City Council may 0180 discuss other hearings or puslneas Items before a after the Items hated Above. 11 you challenge the proposed project in court, you may be film it - ad to raising Only those Issues you or someone elan raised at the public hearing described In this notice, or in written corre- apandence delivered to the City Council at, or prior to, the public hearing. Reports for this meeting will be avallabte for review in the City Clerk's Office and on- line at www.sloCltv.aro on Wednesday, February 28, 2018. Please Calf the Clly Clark's OMCs at (805) 781-7100 for more information. The City Council meeting will be televised live on Charter C861C Channel 20 and live streaming on www.siocity. to Gallagher, CMC Clerk of San Luis Obispo uary 24, 2018 3538180