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Home My WebLink About03-20-2018 Item 12 Resolution for 1460 Calle Joaquin Meeting Date: 3/20/2018 FROM: Michael Codron, Community Development Director Prepared By: Walter Oetzell, Assistant Planner SUBJECT: ADOPT A RESOLUTION DENYING AN APPLICATION FOR ARCHITECTURAL REVIEW OF A NEW TWO-STORY COMMERCIAL BUILDING AND A CREEK SETBACK EXCEPTION, AND DIRECTING STAFF TO RETURN TO THE PLANNING COMMISSION FOR ADDITIONAL DISCUSSION AND A RECOMMENDATION REGARDING A ZONING MAP AMENDMENT FOR THE PROPERTY AT 1460 CALLE JOAQUIN RECOMMENDATION Adopt a resolution denying the architectural review application and proposed creek setback and providing direction to staff regarding the requested Zoning Map Amendment. DISCUSSION At its March 6th meeting the City Council reviewed applications for an amendment to the City’s Zoning Map, to designate property at 1460 Calle J oaquin to be within a Tourist-Commercial (C-T) Zone, for architectural review of a new two-story commercial building proposed to be constructed on the property, and for a creek setback to accommodate uncovered parking spaces for the project. The Council voted 3-2 to direct staff to return the zoning request to the Planning Commission for additional discussion and a recommendation regarding special considerations that apply to the project site, and prepare a resolution for its consideration on March 20, 2018, denying the application for Architectural Review and the proposed creek setback exception. No action was taken on the Mitigated Negative Declaration for the project. Staff has prepared the resolution describing these actions (Attachment A) and recommends that the City Council adopt the resolution. ENVIRONMENTAL REVIEW A Mitigated Negative Declaration (MND) was prepared for the project, including Mitigation Measures to reduce certain potential environmental impacts to a “less than significant” level. It was circulated for public review and reviewed by the Council at their March 6th meeting. No action was taken to adopt the MND and the document will be updated based on the Council’s action. A new project description and recommendation will be forwarded to the Planning Commission when this item is presented to them in the future. Packet Page 145 12 FISCAL IMPACT The recommended actions are intended to ensure appropriate site development consistent with the City’s General Plan. When the General Plan was adopted, it was accompanied by a fiscal impact analysis which concluded that development consistent with the Plan would have a positive fiscal impact to the City as a whole. Individual decisions made on a project-by-project basis to further General Plan objectives are consi dered to have a neutral to positive fiscal impact to the City. ALTERNATIVES 1. Approve the Zoning Map Amendment and Architectural Review applications for the project, and adopt the project Mitigated Negative Declaration. Staff does not recommend this alternative because the Council expressed concerns about special considerations that apply to the site relative to visual impacts from building height, and adherence to creek setback requirements, and did not support the proposed building design or the requested creek setback exception. 2. Deny the Zoning Map Amendment and Architectural Review applications for this project. Staff does not recommend this alternative because a majority of the Council was supportive of some commercial use of the property, following additional discussion by the Planning Commission regarding special considerations that apply to the site relative to limits on building height and adherence to creek setback requirements. Attachments: a - Council Resolution (Draft) Packet Page 146 12 R ______ RESOLUTION NO. _____ (2018 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, DENYING AN APPLICATION FOR ARCHITECTURAL REVIEW OF A NEW TWO-STORY COMMERCIAL BUILDING AND A CREEK SETBACK EXCEPTION, AND DIRECTING STAFF TO RETURN TO THE PLANNING COMMISSION FOR ADDITIONAL DISCUSSION AND RECOMMENDATIONS REGARDING A ZONING MAP AMENDMENT AND ASSOCIATED MITIGATED NEGATIVE DECLARATION FOR THE PROPERTY AT 1460 CALLE JOAQUIN (ARCH-3413-2016, EID-0016-2017; RZ-0015-2017) 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 setback 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 Mitigated Negative Declaration 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. Packet Page 147 12 Resolution No. _____ (2018 Series) Page 2 NOW, THEREFORE, BE IT RESOLVED 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 (EID-0016-2017) does not adequately address aesthetic impacts of the building design and location adjacent to a scenic highway and does not adequately address potential impacts to the creek corridor associated with the requested creek setback exception and does not approve the Mitigated Negative Declaration as drafted. SECTION 3. Action. The City Council of the City of San Luis Obispo finds that the height and visual prominence of the proposed building is inappropriate for its location immediately adjacent to a Scenic Roadway, and does hereby deny the application for architectural review of the project (ARCH-3413-2016). The Council further finds that granting the requested creek setback exception is not appropriate because the parking area proposed within the setback area does not minimize impacts to scenic resources or riparian habitat, and site development can be accomplished with a redesign of the project, which would not deny the property owner reasonable use of the property, and does hereby deny the creek setback exception. Council directs staff to return the Zoning Map Amendment application (RZ-0015-2017) to the Planning Commission for additional discussion and a recommendation regarding special considerations that apply to the project site relative to limits on building height and adherence to creek setback requirements. 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 20th day of March 2018. ____________________________________ Mayor Heidi Harmon ATTEST: ____________________________________ Carrie Gallagher City Clerk APPROVED AS TO FORM: Packet Page 148 12 Resolution No. _____ (2018 Series) Page 3 _____________________________________ 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 City Clerk Packet Page 149 12 Page intentionally left blank. Packet Page 150 12