HomeMy WebLinkAbout06-10-2014 ph1 JohnsonCouncil
e.
June 5, 2014
TO: City Council
FROM: Derek Johnson, Community Development Director
VIA: Katie Lichtig, City Manager
ENC: Revised Draft Resolution
Updated Link to Addendum
SUBJECT: Public Hearing #1 on June 10th — Pacific Courtyards
RECEIVE®
JUN 0 6 2014
COUNCIL MEETING:,OIo
ITEM NO., 4
This memo is intended to summarize necessary revisions to the draft Resolution for the
Council's consideration of this public hearing item. The attached revised resolution includes a
correction from the one published with the agenda packet. The two transportation mitigation
measures included in Section 1 of the resolution are no longer relevant to the project as currently
designed and should have been deleted from the resolution. This is consistent with the
discussion included in the environmental Addendum to update the original project Mitigated
Negative Declaration (MND) approved by the City Council on August 19, 2008. The Addendum
is referenced in the Council Agenda report and available through a link.
The Addendum includes a discussion of any changes to the original MND impact analysis that
are affected by the modified design. Transportation Mitigation Measure five (5) related to the
main project driveway being oriented to Morro Street and sight distance concerns. Now, the
main driveway is oriented to Osos Street. The current Morro Street driveway serves limited
traffic (three townhomes) and cars enter and exit the site in a forward direction so safety issues
are addressed. Therefore, the previous concerns with the safety of the Morro Street driveway
design have been addressed and the mitigation measure is not necessary.
Transportation Mitigation Measure six (6) required the installation of additional "Cross Traffic
Does Not Stop" signs on the back of the existing stop signs at the intersection of Morro and
Pacific Streets to reinforce the message of the two -way stop controls. This measure has been
addressed as the signs have been installed since the original MND was adopted. The deleted
mitigation measures are shown with strike - through text in the attached resolution.
If you have any questions, please contact Senior Planner Pam Ricci at 781 -7168.
Page 2
RESOLUTION NO. XXXX (2014 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
APPROVING A LAND USE ELEMENT MAP AMENDMENT TO
RECONFIGURE THE BOUNDARY BETWEEN THE OFFICE AND
MEDIUM -HIGH DENSITY RESIDENTIAL DESIGNATIONS ON THE
SITE, VESTING TENTATIVE TRACT MAP NO. 2928 TO CREATE
9 RESIDENTIAL AND UP TO 8 COMMERCIAL CONDOMINIUMS AND
AN ADDENDUM TO THE PREVIOUSLY APPROVED MITIGATED
NEGATIVE DECLARATION, FOR PROPERTY LOCATED
AT 1321 & 1327 OSOS STREET; GP/R/TRIER 96 -13
WHEREAS, the Planning Commission conducted a public hearing in the Council
Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on April 9, 2014, 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 June 10,
2014, pursuant to a proceeding instituted under application GP /R/TR/ER96 -13, Mission Medical
Partners, LLC, 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
(MND) of environmental impact that was previously approved by the Council on August 19,
2008, along with the Addendum prepared to update the MND to be consistent with the current
project, 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.
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Environmental Determination. The City Council adopted the project's
Mitigated Negative Declaration on August 19, 2008, which incorporates the following still
relevant mitigation measures and monitoring programs into the project. An Addendum to the
MND was prepared for the current project (ER 96 -13), which demonstrates that no additional
mitigation measures are required. The City Council has reviewed and considered the
information contained in this Addendum in its consideration of the project and finds that the
preparation of a subsequent MND or EIR is not necessary, based on the following findings and
subject to the following mitigation measures:
Findings:
1. None of the circumstances included in Section 15162, which require a subsequent MND or
EIR have occurred, specifically:
2. The project changes do not result in new environmental impacts.
3. The circumstances under which the project is undertaken will not require major changes to
the EIR.
4. The modified project does not require any substantive changes to previously approved
mitigation measures.
Mitigation Measures:
Air Quality
1. Temporary impacts from the project, including but not limited to excavation and construction
activities and vehicle emissions from heavy duty equipment have the potential to create dust
and emissions that exceed air quality standards for temporary and intermediate periods unless
the following mitigation measures are incorporated:
a. Construction vehicle speed at the work site must be limited to fifteen (15) miles per hour
or less;
b. Prior to any ground disturbance, sufficient water must be applied to the area to be
disturbed to prevent visible emissions from crossing the property line;
c. Areas to be graded or excavated must be kept adequately wetted to prevent visible
emissions from crossing the property line;
d. Storage piles must be kept adequately wetted, treated with a chemical dust suppressant,
or covered when material is not being added to or removed from the pile;
e. Equipment must be washed down before moving from the property onto a paved public
road; and
f. Visible track -out on the paved public road must be cleaned using wet sweeping or a
HEPA filter equipped vacuum device within twenty -four (24) hours.
Monitoring Program:
These conditions shall be noted on all project grading and building plans. The applicant shall
present evidence of a plan for complying with these requirements prior to issuance of a grading
or building permit from the City. The applicant shall provide the City with the name and
telephone number of the person responsible for ensuring compliance with these requirements.
The Building Inspector and Public Works Inspectors shall conduct field monitoring.
Biological Resources
2. Trees identified by the Architectural Review Commission to be preserved shall be clearly
marked on grading and construction plans. The applicant shall submit a tree preservation
agreement for review and approval by the Community Development Director. The agreement
shall be secured by a bond in the amount determined by the City Arborist.
4
Monitoring Program:
Prior to the issuance of a grading permit, the applicant shall submit the required tree preservation
agreement and actively coordinate with the City Arborist during construction.
Cultural Resources
3. If significant archaeological materials are discovered during grading and construction, all
construction activities that may damage those materials shall immediately cease. The project
sponsor shall then propose specific mitigation based on a qualified archaeologist's
recommendations. The Director shall approve, approve with changes, or reject the mitigation
proposal (if found incomplete, infeasible, or unlikely to reduce adverse impacts to an
acceptable level). If the proposal is approved, the project sponsor shall implement
mitigation, to the satisfaction of the Director. A copy of the archaeologist's
recommendations and the Director's decision will be forwarded to the Cultural Heritage
Committee. If grading results in the uncovering of artifacts, then standard mitigation would
be followed.
Monitoring Program:
Requirements for cultural resource mitigation shall be clearly noted on all plans for project
grading and construction.
Hazards and Hazardous Materials
4. If further contamination is encountered with site grading activities, then work shall cease until
the City's Hazardous Material Coordinator has been notified and had the opportunity to
consult with other affected parties and appropriate governmental agencies to determine any
necessary next steps.
Monitoring Program:
The City's Hazardous Material Coordinator shall be the lead in reviewing any subsequent studies
necessary and assuring that any related site clean -up has taken place.
r .����erse!s�s:m�Ee!rs�mmfre:r.� ..
Page 5
SECTION 2. General Plan Amendment Approval with Findings & Conditions. The
City Council finds and approves the General Plan Amendment included as part of City
Application No. GP /R 96 -13, which reconfigures the boundary between the Office and Medium -
High Density Residential designations on the site for the properties located at 1321 & 1327 Osos
Street as shown on the attached Exhibit A, based on the following findings and subject to the
following conditions:
Findings:
1. The proposed modification is a minor amendment to the Land Use Element Map because
it is a boundary change only which retains the existing Office and Medium -High Density
Residential designations for the site with the same relative proportions of the overall site
area intact.
2. The proposed General Plan Amendment will not be detrimental to the health, safety and
welfare of those living and working in the vicinity since the proposed change to the
City's map accommodates the planned redevelopment of the site with uses and
improvements that will be compatible with other properties in the same block that are
either designated Office or Medium -High Density Residential.
3. On August 19, 2008, the City Council adopted a Mitigated Negative Declaration (MND)
which adequately addresses the potential significant environmental impacts of the
proposed project. The MND along with the prepared Addendum adequately evaluate the
potential environmental impacts associated with the current project.
SECTION 3. The Community Development Director shall cause the change reflected in
Exhibit A to be reflected in documents, which are on display in City Hall and are available for
public viewing and use.
SECTION 4. Vesting Tentative Tract Map No. 2928 Approval with Finding
Conditions. The City Council does hereby approve application TR 96 -13 (County Map No.
2928), based on the following findings, and subject to the following conditions and noting
certain code requirements:
Findings
1. The design of the vesting tentative tract map is consistent with the General Plan because
the proposed subdivision respects existing site constraints, will incrementally add to the
City's residential housing inventory, result in condominium units that meet density
standards, and will be consistent with the density and development limits established by
the Office (0) and Medium -High Density Residential with the Historical Perseveration
overlay zoning district (R -3 -H).
2. The site is physically suited for the proposed type of development allowed in the Office
and R -3 -H zones since the site is generally flat, surrounded by a mixture of residential
projects, parking lots, and office buildings.
Page 6
3. The design of the subdivision will not conflict with easements for access through (or use
of property within) the proposed subdivision.
4. The design of the vesting tentative tract map and proposed improvements are not likely to
cause serious health problems, substantial environmental damage or substantially and
unavoidably injure fish or wildlife or their habitat because the site does not have any
creeks or other potentially significant habitat areas for fish and wildlife.
5. Tandem parking within the project is supported for the following reasons:
a. The City of San Luis Obispo encourages creative use of infill development to
provide opportunities for much needed workforce housing near the downtown to
support adopted Housing Element policies and goals.
b. The site is unusually configured and, with building height limitations, poses
difficult building design constraints that would potentially result in fewer
residential units if conventional side -by -side parking were insisted upon.
c. The project site is located adjacent to the downtown core that will provide
pedestrian access to many daily needs of the residents. Therefore, residents may
be less dependent on use of their automobiles such that the inconvenience
associated with tandem parking may be minimized.
6. On August 19, 2008, the City Council adopted a Mitigated Negative Declaration (MND)
which adequately addresses the potential significant environmental impacts of the
proposed project. The MND along with the prepared Addendum adequately evaluate the
potential environmental impacts associated with the current project.
Conditions:
1. The subdivider shall prepare conditions, covenants, and restrictions (CC &R's) to be
approved by the Community Development Director and the City Attorney prior to final
map approval. CC &R's shall contain the following provisions:
a. Creation of a homeowners' association to enforce the CC &R's and provide for
professional, perpetual maintenance of all common areas including private driveways,
drainage, on -site sewer facilities, parking lot areas, walls and fences, lighting, and
landscaping.
b. Grant to the city the right to maintain common areas if the homeowners' association
fails to perform, and to assess the homeowners' association for expenses incurred, and
the right of the city to inspect the site at mutually agreed times to assure conditions of
CC &R's and final map are being met.
c. No parking except in approved, designated spaces.
d. No outdoor storage of boats, campers, motorhomes, or trailers nor long -term storage
of inoperable vehicles.
Page 7
f. No outdoor storage by individual units except in designated storage areas.
g. No change in City- required provisions of the CC &R's without prior City Attorney
approval.
h. Homeowners' association shall file with the City Clerk the names and addresses of all
officers of the homeowners' association within 15 days of any change in officers of
the association.
i. Provision of appropriate "no parking" signs and red - curbing along interior roadways
as required by the City Fire Department.
j. CC &R's shall not prohibit location of solar clothes drying facilities in private yards
which are substantially screened from view.
k. Prospective property owners and renters shall be notified of the project's provision of
tandem parking. Additionally, they shall be advised that they should ensure that the
amount of on -site parking is adequate for their needs because they will not be able to
obtain on- street parking permits for any additional parking needs.
1. The responsibility for the placement of the trash and recycling containers at the street
on collection days will be the responsibility of the property owner's association. The
property owner's association shall coordinate with San Luis Garbage Company
regarding the collection time and preferred location for the placement of trash and
recycling containers to minimize the obstruction of the public right -of -way.
2. As part of the encroachment permit for the proposed frontage improvements, the
applicant shall submit plans to address any changes made to on- street parking, signage,
and striping to the approval of the City Engineer.
3. The applicant shall pay in -lieu fees for the 19 off -site parking spaces that will be
eliminated with development.
4. Short term bicycle parking shall be provided in a minimum of two locations; one for
bicyclists entering from Osos Street and one for bicyclists entering from Morro Street.
5. The details of the required lockable private storage areas (minimum of 200 cubic feet per
unit) shall be to the review and approval of the Architectural Review Commission.
6. The Community Development Director shall review the final map to review any
necessary revisions to the final map that may be precipitated by future project
modifications.
7. The down sloping Morro Street driveway slope shall comply with City standard 2130.
e8
8. To ensure pedestrian safety, the driveway exits shall provide a minimum of ten (10) feet
clear visibility to the sidewalk on both sides of the exit, unobstructed by building corners,
columns or other visual impediments. The distance is measured behind the stop bar and
two feet to the right of the centerline where a driver would be located in a stopped
vehicle.
9. The Drainage Report shall address post - development water quality per City Standard
1010B. Details of the passive design concept proposed shall be discussed in an amended
report and shown on plans submitted for final review by the Architectural Review
Commission.
10. New curb, gutter and sidewalk will be required along the project frontage on Osos Street
and Morro Street.
11. All wire utilities to the new units shall be underground. No additional utility poles shall
be set and no wires shall be extended across the proposed project to serve adjacent
properties.
12. The subdivider shall dedicate a 10' wide public utility and street tree easement across the
site frontage on Morro and Osos Streets. Said easements shall be adjacent to and
contiguous with all public right -of -way lines bordering the site.
13. The subdivider shall provide individual electrical, phone, television, natural gas, and
water service and related utility company meters to each unit to the approval of the
affected utility company and the Public Works Director. Sub - metering of the water
services may be allowed upon request and with the approval of the Utilities Director.
14. Pursuant to Government Code Section 66474.9(b), the subdivider 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 subdivision, and all actions relating
thereto, including but not limited to environmental review.
Code Requirements
The following code requirements are included for informational purposes only. They serve
to give the applicant a general idea of other City requirements that will apply to the project.
This is not intended to be an exhaustive list as other requirements may be identified during
the plan check process.
1. Long and short-term bicycle parking shall be provided in accordance with City standards.
Bike lockers or interior space within each dwelling unit or accessory structure shall be
provided for the storage of at least two bicycles per dwelling unit. In addition, one short
term bicycle parking space shall be provided for guests of the residential units and a
minimum of three long term parking spaces and two short term parking spaces shall be
e9
provided for the office uses. All bicycle parking shall be located outside of the public
right of way.
2. Any easements including but not limited to provisions for all public and private utilities,
access, drainage, common driveways, and maintenance of the same shall be shown on the
final map or recorded separately prior to map recordation if applicable.
3. A preliminary soils report is required in accordance with the Subdivision Map Act and
the City of San Luis Obispo Subdivision Regulations at the time of final map submittal.
The report shall be referenced on the final map in accordance with the city's Subdivision
Regulations and the Subdivision Map Act.
On motion of , seconded by
the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this 10th day of June, 2014.
Mayor Jan Marx
ATTEST:
Anthony Mejia
City Clerk
APPROVED AS TO FORM:
J. Christine Dietrick
City Attorney
. and on