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Home My WebLink About06-10-2014 PH1 Revised Ricci.pdfr '�UNCIL ME TING: 'M NO.: RESOLUTION NO. XXXX (2014 Series) nA d A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCILr 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/TR/ER 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: Resolution No. XXXX (2014 Series) Page 3 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. • 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 Resolution No. XXXX (2014 Series) Page 5 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. 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 Resolution No. XXXX (2014 Series) Page 7 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. 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. Resolution No. XXXX (2014 Series) Page 9 On motion of , seconded by , and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this 10'' day of June, 2014. Mayor Jan Marx ATTEST: Anthony Mejia City Clerk APPROVED AS TO FORM: J. Christine Dietrick City Attorney