HomeMy WebLinkAboutPC-1014-17 (RZ-0015-2017 and EID-0016-2017 -- 1460 Calle Joaquin)RESOLUTION NO. PC -1014-17
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, RECOMMENDING THAT THE
CITY COUNCIL: APPROVE AN AMENDMENT OF 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; DENY A CREEK
SETBACK EXCEPTION FOR UNENCLOSED PARKING SPACES; AND
NOT ADOPT THE MITIGATED NEGATIVE DECLARATION
PREPARED FOR THE PROJECT
(RZ-0015-2017, EID-0016-2017; 1460 CALLE JOAQUIN)
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, pursuant to a proceeding instituted under architectural review
application ARCH -4314-2016, AuzCo Development, LLC, applicant, for the purpose of
architectural review of a new two-story commercial proposed with this project; and
WHEREAS, the Architectural Review Commission, at said public hearing, recommended
that the City Council grant architectural review approval to construction of the new two-story
commercial building proposed with this project; 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, pursuant to a proceeding instituted under applications RZ-0015-2017 and
EID-0016-2017, AuzCo Development, LLC, applicant; and
WHEREAS, said public hearing was held for the purpose of formulating and forwarding
recommendations to the City Council of the City of San Luis Obispo regarding the Rezoning and
Environmental Impact Determination applications, and the request for an exception to the 20 -foot
creek setback to allow uncovered parking spaces within a portion of the setback area; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the Planning Commission has duly considered all evidence, including the
testimony of the applicant and of interested parties, and the evaluation and recommendations of
staff presented at said hearing; and
WHEREAS, the Planning Commission finds and determines that the project's Mitigated
Negative Declaration does not adequately address the potential significant environmental impacts
of the project on aesthetics, and in particular the potential effects on views of the Irish Hills and
on views from U.S. Highway 101, a scenic roadway.
Resolution No. PC -1014-17
RZ-0015-2017 and EID-0016-2017
(1460 Calle Joaquin)
Page 2
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
San Luis Obispo as follows:
SECTION 1. Findings. Based upon the record and the testimony presented, including
visual simulations prepared for the application, the Commission does hereby make the following
findings:
1. The project and proposed amendment to the Zoning Map are 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.
2. As conditioned, the proposed amendment to the Zoning Map is consistent with policies of
the Land Use Element (LUE) of the General Plan related to Resource Preservation.
Development of the site is subject to compliance with Creek Setback provisions (Zoning
§ 17.16.025) and Floodplain Management Regulations (Zoning Ch. 17.84) to 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).
3. 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. 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.
4. As conditioned, 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
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 present other flight hazards, and
conditions of approval address overflight notice requirements (Zoning § 17.57.080).
Resolution No. PC -1014-17
RZ-0015-2017 and EID-0016-2017
(1460 Calle Joaquin)
Page 3
SECTION 2. Recommendation. The Commission hereby recommends that the City
Council approve the request to amend the City's Zoning Map to designate the property to be within
a Tourist Commercial (C -T) Zone (RZ-0015-2017), as depicted in Exhibit A, and subject to the
following conditions. In addition, the Commission recommends that the City Council not approve
the requested creek setback exception, and not adopt the Mitigated Negative Declaration prepared
for the project (EID-0016-2017), as presented to the Commission at this hearing.
Conditions
Planning (Community Development)
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 any construction permit
to develop the property.
2. Overfl i t 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 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)
3. 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.
4. This property is located in an AE flood zone. 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. Development or retention of the pump house and water well
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.
Indemnity
5. 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 but not limited to environmental review
Resolution No. PC -1014-17
RZ-0015-2017 and EID-0016-2017
(1460 Calle Joaquin)
Page 4
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 Commissioner Malak, seconded by Vice -Chair Fowler, and on the
following roll call vote:
AYES:
Malak, Osterbur, Dandekar, Vice -Chair Fowler, Chair Stevenson
NOES:
Bisheff
REFRAIN:
None
ABSENT:
None
The foregoing resolution was passed and adopted this 201h day of December 2017.
Doug Davi son, Secretary
Planning Commission