HomeMy WebLinkAboutR-10875 Denying an Application for Architectural Review of a New 2 Story Commercial Building and a Creek Setback Exception and return to Planning Commission -1460 Calle JoaquinRESOLUTION NO. 10875 (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.
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Resolution No. 10875 (2018 Series)
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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 Rivoire, seconded by Vice Mayor Christianson, and on the
following roll call vote:
AYES: Council Member Pease, Vice Mayor Christianson and Mayor Harmon
NOES: Council Members Gomez and Rivoire
ABSENT: None
The foregoing resolution was adopted this 201h day of March 2018.
ATTEST:
r
Teresa Purrington
Acting City Clerk
W- ,
Resolution No. 10875 (2018 Series)
APPROVED AS TO FORM:
J. Cgristine Dietrick
Attorney
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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 207$
Teresa Purrington
Acting City Clerk
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