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Home My WebLink About05/04/1999, C1 - ADcouncilM y 4, 1999 aagenaa Report C � CITY OF SAN LUIS O B I S P O Cl. Consideration of the minutes of: Tuesday, April 6, 1999 Monday, April 19, 1999 Minutes to Follow at a Later Date C1-1 councill a°�4 1999 j agenda nepout "C2 CITY OF SAN LUIS O B I S P O 0 FROM: Arnold B.Jonas, Community Develo ment Director Prepared By: John Shoals,Associate Planner _J SUBJECT: PD-140-98, ER-140-98: FINAL PASSAGE OF ORDINANCE NO. 1352 APPROVING A PLANNED DEVELOPMENT AND PD REZONING TO AMEND THE CITY ZONING MAP AND ALLOW REDUCED LOT SIZES, SETBACKS AND PARKING FOR CERTAIN LOTS AND APPROVE ENVIRONMENTAL REVIEW FOR THE PROPERTY ON THE SOUTH SIDE OF EL CAPITAN WAY (915 EL CAPITAN); KELLY GEARHART, APPLICANT. CAO RECOMMENDATION Grant final passage to Ordinance No. 1352 (1999 Series). DISCUSSION On April 20, 1999, the City Council voted 5-0 to introduce Ordinance No. 1352 to print. This ordinance approves a planned development (PD) and PD rezoning which: 1) amends the City's Zoning map to change the property's zoning designation from Low-Density Residential, Medium-Density Residential and Conservation/Open Space with a specific plan overlay (R-I-SP, R-2-SP and C/OS-SP) to Medium-Density Residential-Specific Plan and Conservation/Open Space-Specific Plan with a planned development overlay (R-2-SP-PD and C/OS-SP-PD); and 2) allows reduced lot sizes, setbacks and parking standards for certain lots of vesting tentative tract map TR-140-98 (approved by City Council Resolution No. 8924). Ordinance No. 1352 is now ready for final passage. A summary of the ordinance,with the official Council vote,will be published at least five(5) days prior to its final passage in the Telegram-Tribune. This ordinance will go into effect at the expiration of thirty(30)days after its final passage. Environmental Review The City Council approved a Negative Declaration with mitigation measures (ER-140-98) for the proposed PD rezoning on April 20. 1999. ER-140-98 addressed potentially significant, but mitigable,impacts to geologic hazards (seismic hazards and soils);drainage, biological resources, solid waste and cultural resources. Impacts to other environmental areas were determined to be less than significant. The Mitigated Negative Declaration concluded that the project will not have a significant adverse impact on the environment. C2-1 Ordinance 1346 (1999 series) Page 2 Conseauences of Not Taking the Recommended Action If the council does not give final passage to the ordinance, the property's zoning would remain R-1-SP,R-2-SP and C/OS-SP; and the vesting tentative tract map would be inconsistent with the preliminary development plan and in effect denied. ATTACHMENTS 1. Ordinance No.1352 !Shoals/CC/Ord 1352(PD 140-98) C2-2 ORDINANCE NO. 1352 (1999 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE ZONING REGULATIONS MAP TO DESIGNATE A 1.1-ACRE SITE, ON THE SOUTH SIDE OF EL CAPITAN WAY,MEDIUM DENSITY RESIDENTIAL- SPECIFIC PLAN AND CONSERVATION OPEN SPACE- SPECIFIC PLAN WITH A PLANNED DEVELOPMENT OVERLAY(R-2-SP-PD AND C/OS-SP-PD) PD-140-98 WHEREAS, the Planning Commission conducted public hearings on November 18, 1998 and January 13, 1999, and recommended approval of amendments to the City's Zoning Map; and WHEREAS, the City Council conducted public hearings on, February 16, 1999 and April 20, 1999, and has considered testimony of interested parties, the records of the Planning Commission hearing and action, and the evaluation and recommendation of staff; and WHEREAS, the City Council finds that the proposed revisions are consistent with the General Plan,the purposes of the Zoning Regulations, and other applicable City ordinances; and WHEREAS,the City Council has considered the draft Mitigated Negative Declaration of environmental impact as prepared by staff and reviewed by the Planning Commission; and BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council finds and determines that the project's Mitigated Negative Declaration adequately addresses the potential significant environmental impacts of the proposed map amendment to the Zoning Regulations, and reflects the independent judgement of the City Council. The Council hereby adopts said Mitigated Negative Declaration and incorporates the following mitigation measures into the project: 1. A detailed soils engineering report shall be submitted as part of the grading and building permit applications. The soils report shall include: data regarding the nature, distribution and strength of the existing soils, conclusions and recommendations for grading procedures including such recommendations to ensure that there are no significant impacts to the creek, and design criteria for corrective C2-3 Ordinance No. 1352(1999 Series) PD-140-98(915 El Capitan Way) Page 2 measures, when necessary. Grading and building must be designed and performed in compliance with the soils engineering report. 2. A detailed hydrology study indicating the effects of the proposed development on adjacent and downstream properties is required. The scope of the study must include analysis of all existing public and private drainage facilities and creek capacities between this property and an adequate point of disposal and shall make recommendations for appropriate improvements that will reduce flooding. If the study identifies any on-site areas subject to 100-year storm flooding, the developer shall process and complete a Federal Emergency Management Agency Letter of Map Amendment (LOMA), or Letter of Map Revision (LOMR) prior to final acceptance of any development. Any lots or building pads, identified to be subject to flooding during a 100-year storm shall be graded to provide minimum pad elevations of at least 1 foot above the 100-year storm elevation. All areas subject to flooding shall be documented. 3. The property owner shall grant an avigation easement to the County of San Luis Obispo via an avigation easement document prepared by the County. 4. The findings and recommendations of the May 1998 biological survey shall be incorporated into the final project design and construction. 5. Site development shall include a solid waste recycling plan for recycling discarded building materials such as concrete, drywall, wood and metals from the construction site. The plans must be submitted for approval by the Community Development Director prior to building permit issuance. 6. The final project shall be designed to include interior and exterior recycling. 7. Consistent with Municipal Code Section 15.44.270,all graded surfaces shall be wetted, protected or contained in such a manner as to prevent dust or spill upon any adjoining property or street. The following measures shall constitute the project's dust management plan and shall remain in effect during all phases of that project's construction: a) Regular wetting of roads and graded areas (at least twice daily with complete coverage of all active areas); b) Increasing frequency of watering whenever winds exceed 15 mph; c) Cessation of grading activities during periods of winds over 25 mph; d) Direct application of water on material being excavated and/or transported on-site or off-site; C2-4 Ordinance No. 1352(1999 Series) PD-140-98(915 EI Capitan Way) Page 3 e) Watering material stockpiles;and f) Periodic washdowns, or mechanical street sweeping, of El Capitan Way in the vicinity of the construction site. SECTION 2. The Zoning Regulations map amendment(PD 140-98) designating a 0.84- portion of the property to R-2-SP-PD and C/OS-SP-PD on the remaining 0.26-acre portion, as shown on the attached Exhibit"A", is hereby approved based on the following findings: 1. The PD rezoning and development plan transfers allowable development,within a site, from areas of greater environmental sensitivity or hazard to areas of less sensitivity or hazard; and 2. The proposed project provides exceptional public benefits such as open space and more affordable single family detached housing than would not be feasible under conventional development standards. SECTION 3. The Zoning Regulations map amendment (PD 140-98) is hereby approved subject to the following conditions: 1. The unenclosed parking spaces shall be constructed of concrete, asphalt or some other alternative paving material,to be approved by the Community Development Director. Alternative paving materials include, but are not limited to: eco-block, interlocking pavers, cobblestone or other material determined to be of equivalent performance, strength,quality and durability as concrete. 2. The buildings on lots 1 through 3 shall be moved back to the creek setback limit line to allow the largest possible front yard setback. 3. The applicant shall submit a more refined landscaping and irrigation plan for considerationwith final review and approval of the development plan. 4. All garages shall be equipped with roll-up garage doors and automatic garage door openers. 5. All development shall be consistent with the Edna-Islay Specific Plan. C2-5 Ordinance No. 1352(1999 Series) PD-140-98(915 EI Capitan Way) Page 4 SECTION 4. 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 AND PASSED TO PRINT by the Council of the City of San Luis Obispo at its meeting held on the 20th day of April, 1999, on a motion of Council Member Romero, seconded by Council Member Ewan,and on the following roll call vote: AYES: Council Members Ewan,Marx, Romero and Schwartz,and Mayor Settle NOES: ABSENT: Mayor Allen Settle ATTEST: City Clerk Lee Price APPROVED AS TO FORM: Wtt J gensen JShoals/CC/GearhartPD C2-6 Exhibit A PD 140-98 setti � St• C/OS to C/OS-SP-PD R-2-SP to R-2-SP-PD `N Ga'P��' R-1-SP to C/OS-SP-PD A C 7N