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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