HomeMy WebLinkAbout1561ORDINANCE NO. 1561 (2011 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE ZONING
MAP FROM C -T, TOURIST COMMERCIAL, TO C -S -S, SERVICE COMMERCIAL
WITH THE "S" SPECIAL CONSIDERATION OVERLAY, FOR PROPERTIES
LOCATED AT 1445, 1443 & 1433 CALLE JOAQUIN (GP/R/ER 70 -10)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing on March 23, 2011, and recommended approval of the project; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on April 19,
2011, pursuant to a proceeding instituted under application GPWER 70 -10, America's Tire,
applicant; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the City Council has considered the Mitigated Negative Declaration 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 testimony
of the applicant, interested parties, and the evaluation and recommendations by staff, presented at
said hearing.
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings.
1. The proposed amendment to the Zoning Map furthers the goals of the General Plan
specifically LUE 3.6.1 to have land designated for certain service uses that meet the
demands of the City, and some demands of the region.
2. The proposed Rezone will not be detrimental to the health, safety and welfare of those
living and working in the vicinity since the proposed changes to the City's maps will
accommodate existing development of the sites at 1433 & 1445 Calle Joaquin that are
compatible with other properties in the surrounding vicinity and will appropriately direct
redevelopment of the site at 1443 Calle Joaquin with a compatible land use.
3. The proposed Rezone will not adversely affect the amount of area within the City set
aside for Tourist Commercial uses as additional sites in the near vicinity have been added in
recent years to the area to offset the demand for tourist - serving uses like restaurants and
motels
4. On February 16, 2011, the San Luis Obispo County Airport Land Use Commission
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Ordinance No. 1561 (2011 Series)
Page 2
determined that the proposed General Plan Amendment and Rezone was consistent with the
San Luis Obispo County Regional Airport Land Use Plan.
5. The project sites are subject to several criteria which clearly warrant an overlay zone to
direct proposed and future development and to insure for on -going compatibility with
surrounding land uses. The following circumstances warrant the S overlay zone:
a. "A" flood zone as designated on FEMA maps.
b. Creek habitat protection.
c. Location within the Airport Land Use Plan Safety Zones S -2, S - lc, and S - lb.
d. Prohibit certain allowable and conditionally allowable uses at the site to eliminate
future traffic impacts.
e. Protect the ability of the Motel 6 to be redeveloped.
6. The City Council finds and determines that the project's Mitigated Negative Declaration
adequately addresses the potential significant environmental impacts of the proposed project
with inclusion of the proposed mitigation measures.
SECTION 2. Action. The Zoning Regulations Map Amendment (GP /R 70 -10) to
modify the zoning designation of the site from Tourist - Commercial (C -T), to Service -
Commercial with the "S" Special Consideration overlay (C -S -S) for the properties located at
1445, 1443 & 1433 Calle Joaquin is hereby approved as identified within Exhibit A, subject to
the following conditions:
1. Any substantial change to existing uses or any new use at the sites shall be subject to
review and approval of an Administrative Use Permit.
2. Specific uses established on project sites shall generally be subject to the provisions of
the C -S, Service - Commercial zone. However, the following uses for reasons of potential
compatibility concerns such as traffic, parking, environmental impacts, noise or inappropriate
scale are not allowed:
a. From the list of allowed uses — fitness/health facility; laundry, dry cleaning plant;
mobile home, RV, and boat sales; school — specialized education/training; truck or
freight terminal; veterinary clinic /hospital, boarding, small animal, indoor; and
warehousing, indoor storage.
b. From the list of uses allowed with Director's approval — bar /tavern; club, lodge,
private meeting hall; mortuary /funeral home; nightclub; veterinary clinic /hospital,
boarding, large, animal; and veterinary clinic/hospital, boarding, small animal,
outdoor.
c. All uses listed as uses allowed with Planning Commission approval.
3. The existing motel use at 1433 Calle Joaquin will become a legal, nonconforming use
with approval of the subject zoning. One of the special considerations with the change in
Ordinance No. 1561 (2011 Series)
Page 2
zoning is that this site would be allowed to be redeveloped to the development standards as
allowed in the C -T zone.
SECTION 3. 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 19th day of April 2011, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 3rd day of May 2011, on the following vote:
AYES: Council Members Carpenter, Carter and Smith, and Mayor Marx
NOES: Vice Mayor Ashbaugh
ABSENT: None
ATTEST:
es �—L -,�Z
Elaina Cano
City Clerk
APPROVED AS TO FORM:
J. Clfi tine Dietrick
Cit Attorney
May an Marx
1 f ersby,.csrft thatthie document is a true
and accurate Original of ldinance No. _ 1, Z
and that the ordinance was published purstant
to Charter Section 6W.
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