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Home My WebLink About09/06/2005, C4 - ADOPTION OF AN ORDINANCE AMENDING THE CITY'S ZONING MAP FROM R-1-S TO R-2-S FOR 499 BRIZZOLARA STRE council M.-fin 9 j aQenaa Rep= lumMobw CITY OF SAN LUIS OBISPO FROM: John Mandeville, Community Development Direc� Prepared By: Jaime.Hill,Associate Planner SUBJECT: ADOPTION OF AN ORDINANCE AMENDING THE CITY'S ZONING MAP FROM R-1-S TO R-2-S FOR 499 BRIZZOLARA STREET(R 9- 05). CAO RECOMMENDATION Adopt Ordinance No. 1479 amending the City's zoning map designation from Low=Density Residential with the Special Considerations overlay zone (R-1-S) to Medium-Density Residential with the Special Considerations overlay zone (R-2-S) for 499 Brizzolara Street, based on findings. DISCUSSION Situation On August 16, 2005, the City Council voted 5 to 0 to introduce Ordinance No. 1479 amending the requested zoning for the property. Ordinance No. 1479 is now ready for adoption. The amended zoning designation will become effective 30 days after its adoption.. Significant.Im�acts The.City Council approved a Mitigated Negative Declaration for the zoning amendment and tract map requests on August 16, 2005, which concluded that the project would not have a significant adverse impact on the environment with the incorporation of mitigation measures included in the Mitigation Monitoring Program (Section 1 of attached Ordinance No. 1479). Consequences of Not Taking the Recommended Action If the Council does not adopt the ordinance, the existing Low-Density Residential with the Special Considerations overlay zone(R-1-S) would remain. ATTACHMENTS: 1. Vicinity Map 2. Ordinance No. 1479 G:MIRSubdivision\499 Briuolam(ER-GPR-TR 9-05)\City Council\Ordinance 1479(R 9-05 Second Reading).DOC. Cy -� R-3 q r` Rr A R-1-S 'PO 16(� R•3 -- 0 R-3-PD R-4 R3-S R-3-H P - O O R3 = O� -3 PF-H •a R-3-S R-3 q O-H O O-H O•H- D O-H CIOS-20 C D-H D PF- R4-PD C-D-H R-3-H C- H C-D R-1-S R-3-H GR C-D CD C-R-S R-4 C-R P @ C-R < C-R $y Qpo��G 4 PF-H VICINITY MAP File No . 9-05 - N. 499 Bri - olara Attachment 2 ORDINANCE NO. 1479 (2005 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE ZONING MAP TO CHANGE THE ZONING FOR THE PROPERTY AT 499 BRIZZOLARA STREET FROM LOW-DENSITY RESIDENTIAL WITH THE SPECIAL CONSIDERATIONS OVERLAY (R-1-S) TO MEDIUM-DENSITY RESIDENTIAL WITH THE SPECIAL CONSIDERATIONS OVERLAY (R-2-S); ER/R 09.05 WHEREAS, the Planning Commission conducted a public hearing on July 13, 2005 and recommended approval of amendment to the City's Zoning Map; and WHEREAS, the City Council conducted a public hearing on August 16, 2005, 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 Mitigated Negative Declaration prepared for the property as described in a separate resolution approving the General Plan Map amendment; 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 Negative Declaration adequately addresses the potential significant environmental impacts of the proposed project, and reflects the independent judgment of the City Council. The Council hereby adopts said Negative Declaration and incorporates the following mitigation measures into the project: Cultural Resources 1, In the event archaeological resources are unearthed or discovered during any grading or construction activities all work shall cease, and the City of San Luis Obispo Community Development Department shall be notified so that the extent and location of discovered materials may be recorded by a qualified archaeologist, and disposition of artifacts may be accomplished in accordance with state and federal law: 2. In the event archaeological resources are found to include human remains; or in any other case where human remains are discovered during construction; the County Coroner is to be notified in addition to the Community Development Department so that proper disposition may be accomplished. Monitoring Program: Community Development Department Staff will ensure compliance with standards through periodic site inspections during project construction. Cy -3 Ordinance No. 1479 (2005 Series) Page 2 Hydrology and Water Quality 3. The drainage easement along the Northerly boundary shall be a minimum of 15-feet wide or the storm drain shall be relocated to the proposed main driveway within a 15-wide easement. 4. 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 in the hydrology study 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. Monitoring Program: Compliance with this requirement shall be monitored through the review of detailed plans submitted for architectural.review and building_ permit primarily by the Community Development Department staff. Noise 5. The final project design shall comply with all recommendations of the April 18, 2005 acoustical analysis prepared by Dohn Associates for the attenuation of indoor noise levels at the project site. 6. The final project design shall include an earthen berm with dense plantings along the Brizzolara Street frontage. Plantings shall include groundcover, large bushes and hedges, and trees to maximize the effectiveness of the berm in.reducing noise transmission. Additionally, a six-foot high sound wall shall be constructed 10-feet back from Brizzolara Street along the portion of Brizzolara Street adjacent to the 10-foot rear yard of Lot 5. 7. The final project design shall be revised to show the second-story bedroom on Lot 5 on the eastern side of the home, farthest from Highway 101 noise. Monitoring Program: Compliance with this requirement shall be monitored through the review of detailed plans submitted for architectural review and building permit primarily by the Community.Development Department staff. Public Services 8. The internal driveway and turnaround area curbs shall be panted red and properly signed and stenciled as a"Fire Lane" per the Fire Department's "Developer's Guide"in order to prohibit parking in unauthorized areas and preventing access in case of emergencies. The prohibition from parallel parking along the street shall be enforced by the Homeowner's Association and the City. Ordinance No. 1479 (2005 Series) Page 3 Monitoring Program: Compliance with this requirement shall be monitored through the review of detailed plans submitted for architectural review and-building permit primarily by the Community Development Department staff. Transportation/Traffic 9. The Conditions, Covenants, and Restrictions (CC&R's) for the project shall include a requirement, to be enforced by the Homeowner's Association and the City, that.all garages must be available for parking a vehicle at all times. 10: The Conditions, Covenants, and Restrictions (CC&R's) for the project shall include a requirement, to be enforced by the Homeowner's Association and the City, that there be no parking in the driveway of hot 8 at any time. 11. The uncovered parking space along the east side of hot 8 shall utilize pavers or a comparable permeable paving material. Details of the materials that will be used shall be included on the final project design. Monitoring Program: Compliance with this requirement shall be monitored through the review of the CC&R's and detailed plans submitted for architectural review and building permit primarily by the Community Development Department staff. Compliance with this requirement shall be monitored through the review of detailed plans submitted for architectural review and building permit primarily by the Community Development Department staff. Utilities and Service Systems 12. The proposed on-site sewer main will be privately owned and maintained by the Homeowner's Association. 13. The subdivider shall place underground, all existing overhead utilities along the public street frontage(s), to the satisfaction of the Public Works Director and utility companies. 14. The final project shall be designed to include locations for the collection of recyclable materials and sufficient space shall be provided for each unit to store a waste wheeler for recycling service from the local garbage company. Monitoring Program: Compliance with this requirement shall be monitored through the review of the CC&R's and detailed plans submitted for architectural review and building permit primarily by the Community Development Department staff. C� -5 Ordinance No. 1479 (2005 Series) Page 4 SECTION 2. The City Council makes the following findings:: 1. The project is consistent with the General Plan text policies, and implements Housing Element goals by allowing expansion of residential land uses. 2. The project complies with all applicable provisions of these Zoning Regulations other than those exceptions approved with the vesting tentative map. 3. The approved modifications to the development standards of these Zoning Regulations are necessary and appropriate to accommodate the superior design of the proposed project including its compatibility with adjacent land uses, its compact form, and its successful mitigation of environmental impacts. 4. The project will be reviewed by the City's Architectural Review Commission for consistency with the Community Design Guidelines prior to approval. 5. All affected public facilities, services, and utilities are adequate to serve the proposed project. 6. The location, size, site planning, building design features, and operating characteristics of the project are highly suited to the characteristics of the site and surrounding neighborhood, and will be compatible with the character of the site, and the land uses and development intended for the surrounding neighborhood by the General Plan. 7. The site is adequate for the project in terms of size, configuration, and other applicable features (as conditioned), and has appropriate access to public streets with adequate capacity to accommodate the quantity and type of traffic expected to be generated by the use. 8. As conditioned, the establishment, maintenance, or operation of the proposed project will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity of the proposed use, or detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. 9. This project site is subject to several criteria which clearly necessitate an overlay zone in order to ensure adequate review. The S overlay will allow consistency with adjacent properties since adjacent residential propertiescurrently contain an S overlay zone, as does the current designation of this site. The following conditions warrant the S overlay zone: a. The property is within a 100-year flood zone. b. The property is bordered on the southeast by Stenner Creek and discretionary review should be required for new land uses in order to ensure that City's policies related to creek setbacks and habitat protection are adhered to. c. Highway 101 is recognized as a significant transportation noise source as cited within the General Plan Noise Element. (L I .o Ordinance No. 1479 (2005 Series) Page 5 SECTION 3. The Zoning Regulations Map Amendment (R 09-05) is hereby approved as identified within Exhibit.A. SECTION 4. A summary of this ordinance, together with the names of Council members voting and d againstj shall be published at.least five (5) clays 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(M) days after its final passage, INTRODUCED on the day of 2005, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the day of 2005, on the following roll call vote: AYES: NOES: ABSENT: Mayor David F. Romero ATTEST: City Clerk Audrey Hooper APPROVED AS TO FORM: Cii-Altafftey Jonathan Lowell GAMOSubdivision\499 Brizzolara(Ek-GPR-TR 9-05)\City CounciKouncil Ordinan.ce 9-05.do,c C,q 7 IN C/OS - 20 R-3 i.............. R-3"" 0-H' IN 64 H F�J ZINN\ \Currently R- I proposedR-2-R-1-PD R-3-PD IN, IN R'=3-1-1 IN "A R-1-S C-R Zoning Map Legend Stenner Creek Zoning Boundary GPR/R/ER 9-05 499 Brizzolara 499 Brizzolara Highway 101 I RECEIVED SEP 0 6 2005 SLO CITY CLERK MEMORANDUM From the Office of the City Attorney September 6, 2005 To; Mayor and City Council Via: Ken Hampian,City Administrative Officer From Jonathan P.Lowell, City Attorney Subject: Correction to Draft Ordinance No. 1479 (2005 Series) (499 Brizzolara-Street .Zoning Change) On pageC4-4 of your September 6, 2005 agenda packet, concerning the Ordinance amending the zoning map for 499 Brizzolara Street from low density to medium density with special considerations overlay, item 4 under the heading of Hydrology and Water Quality should read': The developer shall process and complete a Federal Emergency Management Agency Letter of Map Amendment (LOMA),or, Letter of Map Revision (LOMB)prior to f nal acceptance of any development. Any buildings identified in the hydrology study to be subject to flooding during a 100=yr storm shall be graded to provide floor elevations of at least 1 foot above the 1007yr storm elevation. Any garage floors below the 100-yr storm elevation shall be elevated or wet flood-proofed according to FEMA Guidelines. In addition, on that same page, at item 8 under the heading of Public Services, "...area curbs shall beas inted red.._.," rather than "panted." Thank you to a very thorough, proof-reading elected official for pointing out these items. XCouNCIL TCDDD!R RED FILE I;�_c CAO 4 FIN DIR T ACA.o r FIRE CHIEF MEETING AGENDA I Y Ai ORNEY F::'DIRf} �f .r-CLERKORIG ;c POLICE CHF DATE g 6r ITEM ❑ DEPT HEADSR=C DIR fp L UTIL DIP HR DIR