HomeMy WebLinkAbout11/07/1990, 3 - REQUEST TO CHANGE THE GENERAL PLAN LAND USE ELEMENT MAP FROM TOURIST COMMERCIAL TO SERVICE-COMMERCI NI1� 0111I�I city p MEETING DATE:
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ONGs COUNCIL AGENDA REPORT" '� NUMBER:
FROM: Arnold Jonas, Community Development Directo
PREPARED BY: Glen Matteson, Associate Planner
SUBJECT: Request to change the general plan Land Use Element map
from tourist commercial to service-commercial/light-
industrial and to rezone from C-T to C-S, for a vacant
2.3-acre parcel on Los Osos Valley Road south of the
Bear Valley Center (GP/R 1492) .
CAO RECOMMENDATION:
(1) Adopt the attached resolution to approve the negative
declaration of environmental impact, with mitigation, and to
amend the general plan Land Use Element map from "tourist
commercial" to "service-commercial/light-industrial;" (2)
introduce the attached ordinance to rezone from tourist
commercial (C-T) to service commercial with special
considerations (C-S-S) , requiring Planning Commission approval
for any use other than a car dealership.
DISCUSSION
Data Summary
Address: 12350 Los Osos Valley Road
Owner: Victor & Victor Investments; S. L. Land
Applicant: Spring BMW/Toyota
Representative: Brian Starr, Studio Design Group
Zoning: C-T
Land Use Element map: tourist-commercial and service-
commercial/light industrial
Environmental status: Director approved negative declaration
subject to mitigation for potential impacts to water
quality, riparian habitat,, and archaeological resources.
Action deadline: none for this legislative act
Site. Description
The approximately 2.3-acre site is a nearly level, vacant parcel
with grasses and forbs, and a dense growth of willows along
Prefumo Creek at the rear property line.
Project Description
While the applicant wants to develop_a car dealership, the
requested changes would allow a wide range of commercial uses,
including sales of vehicles and building and landscape supplies,
and repair, maintenance, and light manufacturing businesses, some
of which require use-permit approval.
► ��IIIII��P�►VIII City of San tuts ompo
IMMIZe COUNCIL AGENDA REPORT
Evaluation
The general plan Land Use Element map depiction does not
correspond exactly with property boundaries in this area. The
area shown as tourist commercial appears slightly smaller than
the area which has been zoned C-T, leaving room for
interpretation that either the C-T or C-S zones would be
consistent on this parcel.
The Land Use Element text policies likewise would allow either
designation, apparently without a strong preference for either
one. The policies have been interpreted to mean that current
citywide levels of tourist commercial activities should be
maintained but not greatly expanded, and that when higher
activity levels are accommodated, it should be done through more
efficient use of already developed tourist-commercial areas (item
1.b on page 8 and items d.2 and d.2 on page 18 of the element) .
Also, tourist developments should be easily accessible from
highways and recreational facilities (d.3 on page 18) . The
element also favors replacing downtown auto dealers with stores,
but does not specifically direct them to the Auto Park Way area
(item 7, page 17) .
Since they were annexed in 1967, parcels fronting Auto Park Way
and one neighboring lot have been zoned for auto sales and
closely related businesses. (This limitation was removed for the
"KSBY parcel" at the end of the cul-de-sac a few years ago, but a
broadcast studio has not been, and probably will not be, built
there.) In 1978, the neighboring Bear Valley Center site was
rezoned from tourist commercial to auto sales. Then, in 1983,
the auto-sales limitation was removed and the existing center was
built. Each consideration of rezoning requests in this areas has
prompted an evaluation of the adequacy of space for auto dealers
in the city, and their site preferences.
The requested change makes sense. The proposed use would be
compatible with neighboring uses. When previous rezonings to
reduce. the area reserved for auto sales were considered, an
alternative considered was to keep the then-current use limits
and expand the auto-sales area to include the parcel which is the
subject of this application. That approach was seen as allowing
for long-term development of a "vehicle shopping center" without
annexing land, even though the expressed demand for new
dealership space was low at the time. While the continuity of
auto-sales uses has been interrupted by the Bear Valley Center, a
dealership on the subject site would be preferable to locating it
elsewhere in the city, on newly annexed land, or outside the
city.
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BONGO COUNCIL AGENDA REPORT
Citizen Participation
At a public hearing on September 26, 1990, the Planning
Commission voted seven-to-zero to recommend appproval, with the S
zone to require Planning Commission use-permit approval for any
development other than a car dealership. The commission wanted
to preclude use of the site for other types of service-commercial
businesses, but not burden the applicant with use-permit review
for the intended dealership. By separate motion, commissioners
voted unanimously to (1) recommend that the City Council approve
revised mitigation for potential impacts on plant and animal
life, to more clearly protect established riparian vegetation,
and (2) direct staff to review project plans so that loudspeakers
for paging salespeople will be located and oriented to avoid
noise disturbance of occupants in the nearby motel. (Both these
items are reflected in revisions of the attached initial
environmental study.) The applicant's representative orally
concurred with the commission's recommendation.
There was no testimony from the public.
ALTERNATIVES
The council may deny the request or continue action, with
direction to the applicant and staff. The rezoning may be
approved with or without the "special considerations" (S)
designation, and this designation may be used to require Planning
Commission approval for any development.
FISCAL IMPACTS
Given current tax rules and city spending patterns, development
under either the tourist-commercial or the service-commercial
designation is likely to be a net revenue producer for the city.
Considering relative current demand for various types of
development, the car dealership would generate revenue (sales and
property tax) sooner than tourist-commercial development
(transient occupancy tax and/or sales tax, and property tax) .
Development under either designation is likely to experience
changes in levels of taxable activity as state and national
economies change. However, long-term revenue and cost data are
not available. No significant impacts are foreseen.
RECOMMENDATION
(1) Adopt the attached resolution to approve the negative
declaration of environmental impact, with mitigation, and to
amend the general plan Land Use Element map from "tourist
commercial" to "service-commercial/light-industrial;" (2)
3 -3
IIW° 'JJJ�I city of san Luis oBispo
A001rus COUNCIL AGENDA REPORT
introduce the attached ordinance to rezone from tourist_
commercial (C-T) to service commercial with special
considerations (C-S-S) , requiring Planning Commission approval
for any use other than a car dealership.
ATTACHMENTS
Draft resolution amending the Land Use Element map
Draft ordinance amending the zoning map
Draft resolution denying requests
Vicinity map
Initial environmental study
Applicant's statement
gm5: gpl492cc.wp
ORESOLUTION NO. (1990 SERIES)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
AMENDING THE GENERAL PLAN LAND USE ELEMENT
CONCERNING 12350 LOS OSOS VALLEY ROAD (GP 1492)
WHEREAS, the Planning Commission- and the City Council have
held public hearings on the proposed amendment in accordance with
the California Government Code; and
WHEREAS, the potential environmental impacts of the
amendment have been evaluated in. accordance with the California
Environmental Quality Act and the city's Environmental
Guidelines;
NOW, THEREFORE, the council resolves as follows:
SECTION 1. Findinct. The amendment maintains general plan
internal consistency and promotes the public health, safety, and
welfare.
SECTION 2. Environmental determination. An initial
environmental study has been prepared (ER 23-90) , and the council
hereby approves a negative declaration, with mitigation.
OSECTION 3. Adoption. The general plan Land Use Element map
is amended as fully contained in the attached Exhibit A. The
Community Development Director shall cause the change to be
reflected in the documents published by the city.
On motion of , seconded by
and on the following roll call vote
AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this
day of , 1990.
Mayor
ATTEST:
C1 City Clerk
3�"
Resolution No. (1990 series) --
Page 2
APPROVED:
62
City A nistra ive ff icer
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[)Xommuni Development Director
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ORESOLUTION NO. (1990 series)
EXHIBIT "A"
Amend Land Use Element map from tourist commercial to service-
commercial/light industrial
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ORDINANCE NO. (1990 SERIES)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO -
AMENDING THE ZONING MAP
CONCERNING 12350 LOS OSOS VALLEY ROAD (R 1492)
WHEREAS, the Planning Commission and the City- Council
have held public hearings to consider appropriate zoning for the
site in accordance with the California Government Code; and
WHEREAS, the City Council finds that the proposed
zoning is consistent with the general plan; and
WHEREAS, the City Council has approved a negative
declaration of environmental impact, with mitigation; and
WHEREAS, the proposed amendment promotes the public
health, safety and general welfare;
BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The official zone map is hereby amended as
fully contained in the. attached Exhibit A, included in this
ordinance by reference. The special considerations (S)
designation is included to require Planning Commission use-
permit approval for any development or use other than "retail
sales and rental - autos, trucks, motorcycles, RV's."
SECTION 2. This ordinance, together with the votes for
and against, shall be published once., at least five (5) days
prior to its final passage, in the Telegram-Tribune, a newspaper
Published and circulated in this city. This ordinance shall go
into effect at the expiration of thirty (30) days after its final
passage.
INTRODUCED AND PASSED TO PRINT by the Council of the
City of San Luis Obispo at its meeting held on the day
of , 1990, on motion of
seconded by , and on the following roll
call vote:
AYES:
NOES:
ABSENT:
I
O Ordinance No.' (1990 Series)
Page 2
Mayor
ATTEST:
City Clerk
APPROVED:
C2
City in-isTratlive Officer
t tto ey
j. -Communi y Development Dire or
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ORDI WCB NO. (1990 series)
BZSIBIT "A"
Resone from C—T to C-8-8
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ORESOLUTION NO. (1990 SERIES)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
DENYING REQUESTED AMENDMENTS TO THE LAND USE AND ZONING !SAPS
AT 12350 LOS OSOS. VALLEY ROAD (GP/R 1492)
WHEREAS, the Planning Commission and the City Council have
held public hearings on the proposed amendment in accordance with
the California Government Code; and
WHEREAS, the potential environmental impacts of the
amendment have been evaluated in accordance with the California
Environmental Quality Act and the city's Environmental
Guidelines;
NOW, THEREFORE, the council resolves as follows:
SECTION 1. Findinc. The amendments do not maintain general
plan internal consistency and do not promote the public health,
safety, and welfare.
SECTION 2. Environmental determination. An initial
environmental study has been prepared (ER 23-90) , and a negative
declaration, with mitigation, has been approved.
Ci SECTION 3. Denial. The requested general plan Land Use
Element map amendment and rezoning are hereby denied.
On motion of , seconded by ,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this
day of , 1990.
Mayor
ATTEST:
City Clerk
city of san tuts amspo
INITIAL STUDY OF ENVIRONMENTAL IMPACT
SITE LOCATION )Z ZSR L/l; CPS roc V 4) G' Zas�e3 APPLICATION NO. ER 23 -9 0
PROJECT DESCRIPTION R.D Z a)Q a +1(n y., if=v- 0- gh J c1=,j CIL \
Gc.Y cecalmy0n11D ap n Vacoinl 2 T acyR SI �-e C&fw)M, 14921
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APPLICANTit Ct�i`� LY14 n j '++ !
STAFF RECOMMENDATION:
NEGATIVE DECLARATION MITIGATION INCLUDED
EXPANDED INITIAL STUDY REQUIRED _ENVIRONMENTAL IMPACT REPORT REQUIRED
PREPARED BY e 1zh MQft-�Sj= ike<ocyor DATE $ -Z2-90
COMMUNITY DEVELOPMENT DIRECTOR'S ACTION: , DATEh
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SUMMARY OF INTIAL STUDY FINDINGS
L DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING
U.POTENTIAL IMPACT REVIEW POSSIBLE ADVERSE EFFECTS
A. COMMUNITY PLANS ANDGOALS ................................................_.:. Np
B. POPULATION DISTRIBUTION AND GROWTH.......................................... G
C. LAND USE ..._........................................_.......................... h1 G
D. TRANSPORTATION AND CIRCULATION ................................................... 0
E. PUBLIC SERVICES ................................................................. o
F. UTILITIES..._.............................:._.................................... N�
G. NOISE LEVELS .................................................._................Ye; yY,
H. GEOLOGIC d SEISMIC HAZARDS d TOPOGRAPHIC MODIFICATIONS .................:.. N 011
L AIR QUALITY AND WIND CONDITIONS.........................,...................... N L2
J. SURFACE WATER FLOW AND QUALITY ..............................................yqm; x]9A AYie C�+A}7,r
K PLANT LIFE......................................................................!�, n pot S 1!%V-)N cirvnT It
LANIMAL LIFE..........................................:..........................XYZ C1 qrf I fl L 4�,
M. ARCHAEOLOGICALIMISTORICAL................................................... ¢---T&&nJ Cati't
N. AESTHETIC.................................................................... . t�Io
O. ENERGVIRESOURC E USE .......................................................... No
P. OTHER ...........................................................................
M.STAFF RECOMMENDATION
'SEE ATTACHED REPORT ` ym
% 4
INITIAL ENVIRONMENTAL STUDY 23-90
Spring Toyota general plan amendment and rezoning (GP/R 1492)
DESCRIPTION OF PROJECT & SETTING
Spring BMW/Toyota has asked the city to amend its general plan Land Use Element
map to change the designation of this vacant, 23-acre site from tourist-commercial to
service-commercial/light-industrial, and to rezone from C-T to C-S. The applicant has
not proposed a specific project, but has stated an intent to develop a car dealership.
The current plan designation and zone allow primarily visitor-serving uses, such as
motels, restaurants, and service stations. The proposed designation and zone would
allow a wide range of commercial uses, including sales of vehicles and building and
landscape supplies, and repair, maintenance, and light manufacturing businesses, some
of which require use-permit approval. The C-T zone allows more intense building
development than the C-S zone (a slightly smaller street-yard requirement and a
height limit of 45 rather than 35 feet), though the side and rear yard standards (none
required) and the coverage limit (75%) are the same.
Maximum likely development under the current designation would be a motel similar
to the recently built All Star Inn on Calle Joaquin, south of this site. Maximum
C likely development under the proposed designation would be a car dealership similar
to the Sunset Honda development on Los Osos Valley Road, to the north of this site,
or a mixed-commercial project similar to the Bear Valley Center next to this site on
the north. I
This study evaluates development of a car dealership. Other development would
require separate environmental review.
POTENTIAL IMPACT REVIEW
A. Communim2lans and goals
Considering general plan Land Use Element policies on the location and amount of
service-commercial and tourist-commercial development, either designation can be
found consistent.
D. Transportation and circulation
Traffic impacts are not expected to be significant, since a car dealership will generate
less traffic than a tourist-commercial development, and there will be no substantial
peak period of traffic.
3 -11
f
F. Utilities
Demand for city water currently exceeds the safe yield of supplies. The city has
responded by adopting measures to restrict water use and development. The council
has initiated amendmentsto further limit allocation of water to development, so a
balance between safe yield and normal demand can be reached sooner as new water
sources are developed. These measures would apply to any development on the site,
and will mitigate potential water-use impacts. A car dealership would use less water
than a tourist-commercial development, and it would be able to use untreated
groundwater for a larger portion of total water use.
The city's sewage treatment plant currently violates water quality standards, and
operates at about 86 percent of its hydraulic capacity (based on average dry weather
flow). A project under consideration (ER 46-89) would improve treatment levels to
meet water quality standards and increase hydraulic capacity by about five percent.
A car dealership would generate less wastewater than a tourist-commercial
development.
G Noise
Car dealerships often have outdoor loudspeakers to page salepeople. The manager of the
nearby Motel 6 has expressed concern that such speakers could disturb motel occupants..
i t tion: Construction plans shall show that any outdoor loudspeakers will be -
propedy located and oriented to project direct and reflected sound
away from the nearby motel to the approval of the Community
Development Department
Morutoror Plan checking and mWecdon by Community Development staff
J. Drainage. flooding. and water quality
The site is within flood zone "A," subject to flooding about one to two feet deep,
about once in one-hundred years. Flooding would be due primarily to overflow from
Prefumo Creek and possibly Froom Creek. The city's Flood Damage Prevention
Regulations will require that floors be at least one foot above the 100-year flood level
and that development not displace sufficient water to raise the flood level on other
properties. These requirements would apply regardless of land-use zone.
Any development involving substantial parking area or the servicing of vehicles may
result in petroleum-contaminated drainage polluting nearby surface water. The
following standard mitigation is recommended..
Mitigation: Parking lot drainage, prior to leaving the site, shall pass through
an oil-water separator or other filtering media, to the approval of
the Community Development, Department.
Monitoring: Plan checking and inspection by Community Development staff.
.3'1'x.
K L Plant and animal life
The rear property line is within the realigned channel of Prefumo Creek This
seasonal waterway has a canopy of willow trees. Any development along a creek is a
concern, since the city is trying to maintain creeks as corridors of relatively
undisturbed habitat for wildlife. The following standard,mitigation is recommended.
Mitigation: Buildings, drives, and parking areas will be set back at least 20
feet from the top of bank or from the edge of established riparia:
vegetmtio,% whichever is greater, and existing vegetation within the
setback and channel area will be maintained.
Monitoring: Plan checking and inspection by Community Development staff.
M. Archaeological and historical resources
The site, near a confluence of creeks, probably hosted Chumash use before European
settlement. However, natural changes within the flood plain and soil disturbance from
construction after European settlement have probably removed or damaged pre-
historic cultural materials.
The following standard mitigation for construction on large, vacant sites is
recommended:
OMitigation: A qualified archaeologist will train the project's construction
contractors in how to recognize resources that may be
encountered. If excavations encounter archaeological resources,
construction activities which may affect them shall cease. The
Community Development Director shall be notified of the extent
and location of discovered materials so that they may be recorded
6ya qualified archaeologist Disposition of artifacts shall comply
with state and federal laws. A note concerning this requirement
shall be included on the grading and construction plans for the
project
Monitoring Construction-plan checking, archaeological-services contract review,
and construction inspection by Community Development staff,
gmD er23-90.wp
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SDGI
a r c h i t e c t u r e - p l a n n i n g p u b l i c p o l i c y
Application for General Plan Amendmer VRezoning for
12350 Los Osos Valley Road
Requested Change
Change the Land Use Element designation from Commercial Tourist to Commercial
Service/Light Industrial and change the zoning from CT to CS.
Existing Conditions
The subject is approximately 2.3 acres, located on the east side of LO.V.R. near
Calle Joaquin Street. The site is presently vacant.
Nearby uses include the following:
To the west, across from Los Osos Valley Road: open fields used for grazing
To the north: Bear Valley Shopping Center
To the east, across a 90 foot wide drainage easement: Motel 6
To the south: a gas station and an automobile service club
Other uses in the area include several auto dealerships to the north along LO.V.R.
and a gas station and coffee shop to the south.
B17 SP AM S 1- U 1) 1 O 1) E. S I G N G R O U P
641 Higuera Street. Suite 200 San Luis Obispo. Calitornia 93401 (805) 541-3848
Rationale
Presently, Spring Toyota/BMW is located at 1144 Higuera.Street and provides auto
sales, leasing and repair services. The requested changes would allow the owner
to relocate to the LO.V.R. auto park area and expand sales and service facilities.
The LU.E. Comparison Retail Commercial Policies (c.7, pg.17), states explicitly that
"'Existing service commercial uses (for example, auto sales...),both north and south
of the central business district, should be replaced with more intensive "shopping
goods" facilities.." The City has encouraged auto sales to relocate on L.O.V.R..near
the freeway. This area has evolved, according to the City's design, as an auto sales
area.and provides large lot areas required for auto sales and storage. The
centralized location of numerous dealerships allows potential buyers to comparison
shop without multiple trips around town. The draft LU.E. includes a proposed policy
(3.18) which states dearly, "Auto sales should be encouraged near or along LO.V.R.
near Highway 101."
The particular property that is the subject of this application may be suited for both
CT and automobile uses. In evaluating the better use of this property, it appears that
an auto dealership is the more appropriate use for the following reasons:
• This portion of LO.V.R. is the only area throughout the City that the City
encourages dealerships to locate. However, no CS lots are available
within the auto park area. Requests in recent years to annex the land
across L.O.V.R. for expansion of the auto park area have been denied by
Oboth City and County Planning Commissions.
• CT uses are allowed in several areas of the City and are encouraged to
locate in areas which "are in close proximity to the cultural, recreational and
entertainment facilities." This directive coupled with the General Plan
policy to "restructure and intensify existing CT areas", indicates a priority to
locate visitor serving uses closer to the downtown areas where goods,
services, entertainment and transportation are available.
• General Plan policies stipulate that the City should seek to balance the
employment/housing uses within the City and surrounding areas. The
relocation of Spring Toyota/BMW to the proposed site will employ fewer
people and place less demand on the City's housing supply as well as
generate lower overall traffic than development of the site as a hotel or
motel.
In 1986, the Planning Commission granted approval for the Bear Valley Center
immediately adjacent to the north of the subject property. Ideally, new auto
dealerships would be contiguous with the other dealerships, but this is obviously no
longer an option. This application seeks to allow auto sales in the City's preferred
location as dose as practical to the other existing dealerships.
Vehicle access to the subject property is from L.O.V.R. In general, hotels and motels
that target highway traffic as a primary means of marketing would prefer the highway
visibility afforded from a Calle Joaquin location. It follows that properties with Calle
Joaquin frontage should remain in the CT zone and that properties further from the
(tel freeway and fronting LO.V.R. should be allowed some other designation.
�J
817 SP RE
Spring Toyota/BMW
July 17, 1990
Page 2
in summary, considering the General Plan's directive to locate auto sales on
L.ON.R. near Highway 101, the elimination of an existing dealership from near
downtown, and the unavailability of any other properties in the auto park area, the
subject property would better serve the City as an automobile dealership than a.
hotel or motel use.
_i
B17 SP RE
3•/8