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HomeMy WebLinkAbout06/15/1993, C-8 - PLANNED DEVELOPMENT REZONING PD 191-92: FINAL PASSAGE OF ORDINANCE NO. 1240 (1993 SERIES), AMENDING II�B��tl����Illll�ll II1 MEET JNG D �9,3 ��' IIUI cityo San LUIS OBISPO EMora COUNCIL AGENDA REPORT ITEM NUMBER: FROM: Arnold Jon Community Development Director PREPARED BY: Greg Smith, Associate Planner.l ; SUBJECT: Planned Development Rezoning PD 191-92: Final passage of Ordinance No. 1240 (1993 Series), amending the zoning map from, C-S-S, C-N-SP, and R-2-SP to C-S-PD, and approving a preliminary developent plan for a mixed-use shopping center on the east side of Broad Street between Tank Farm Road and Industrial Way. CAO RECOMMENDATION: Give final passage to Ordinance No. 1240 (1993 Series), as introduced June 1, 1993, adopting a negative declarartion of environmental impact and approving rezoning application PD 191-92. DISCUSSION On June 1, 1993, the Council introduced the ordinance approving the rezoning to Service Commercial-Planned Development(C-S-PD),and approving the preliminary development plan for construction of a shopping center. Current zoning is Service Commercial -. Special Considerations (C-S-S), Neighborhood Commercial - Specific Plan (C-N-SP), and Medium Density Residential - Specific Plan (R-2-SP). The attached ordinance incorporates the change made by the Council to conditions of approval on June 1, deleting reference to future traffic impact fees. The PD rezoning ordinance will go into effect 30 days after final passage. The development review process for this project also involves final approval of the Architectural Review Commission, tentatively scheduled for June 21, 1993. ALTERNATIVES The Council may,by motion,reject the ordinance, continue action, or introduce other ordinance language which is consistent with the General Plan. Attachments: Ordinance No. 1240 Ordinance Summary ORDINANCE NO. 1240 (1993SERIES) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE ZONING REGULATIONS MAP TO CREATE A SHOPPING CENTER ON THE EAST SIDE OF BROAD STREET BETWEEN TANK FARM ROAD AND INDUSTRIAL WAY FROM C-S-S, C,-N-SP AND R-2-SP TO C-S-PD (APPLICATION PD 191-92) WHEREAS, the City Council has held a hearing to consider the planned development request PD 191-92; and WHEREAS, the City Council makes the following findings; 1. The Planned Development will achieve the intent of conventional standards by exceeding or substantially complying with property development standards provided in the Zoning Regulations. 2. A negative declaration is approved for the project, based on incorporation of the mitigation measures listed below into the project description. BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Planned Development preliminary map PD 191.92 is hereby approved subject to the following conditions: 1. The Community Development Director shall prepare a plan for monitoring effectiveness of all mitigation measures. The applicant understands that the monitoring program may require the Director to modify mitigation measures found to be physically infeasible or ineffective, and agrees to comply with such modifications as are determined necessary by the Director to achieve the intent of the original measures. 2. Amend the Edna/Islay Specific Plan (FISP) to designate the entire Marigold Center site for Service Commercial/Light Industrial uses. 3. Amend the EISP to designate the area at the southeast corner of the Tank Farm/Industrial intersection for appropriate uses other than neighborhood commercial. 4. Subdivider shall enter into an agreement to provide for the rezoning of the property at 3570 Broad Street from C-S-PD to C-S-S, and,for termination of the operation of the existing market at that location, concurrently with the opening of the proposed. 0-1240 Ordinance no. 1240 (1993 Series) Planned Development Rezoning PD 191-92 Page 2 market at the .Marigold project site. The agreement shall be in the form of a recorded covenant, to the approval of the City Attorney and Community Development Director. 5. Limit office uses to those allowed by the Land Use Element (e.g., banks, offices larger than 2,500 sf, engineers, and "Local Service Offices" in the list submitted by the applicant).. 6. Uses within the category of"Retail Sales and Rentals- Specialties" shall be limited to a total of not more than 2,000 square feet per tenant, and to a cumulative total of not more than 25,000 square feet of the gross floor area of the center. In addition to the limits noted above, one video rental and sales use may be located in Building D, with a gross.floor area not to exceed 6,000 square feet. 7. Mitigation measures listed in the Traffic Impact Studv for Marigold Center,pages 11- 13, are incorporated by reference. 8. Applicant shall dedicate sufficient right of way to provide a 54-foot traveled way within a 75-foot right of way for Industrial Way east of the Broad Street intersection, to the approval of the City Engineer. 9. Developer shall pay for "Opticom" traffic signal control device at Broad/Industrial intersection. Developer shall pay for "Opticom" traffic signal control device at Broad/project entry driveway, if that signal is eventually installed. 10. Applicant shall pay sewer hookup fees as required by City ordinances. The applicant shall pay Rockview/Tank Farm Road sewer lift station fees in the amount of$6,709 prior to issuance of a building permit or final map approval, whichever occurs first. 11. Noise Mitigation Measures i. A continuous noise barrier shall be provided along the common property line between the project site and adjoining residential property to the east. Barrier shall consist of a grout-filled block wall and/or earth berm, and shall be, at least 8 feet in height as measured from the residence side. ii. Heavy truck deliveries and trash pickups shall be prohibited between the hours of 10 pm and 7 am. iii. Residences on adjoining site shall be constructed to meet the following standards: 170-3 J Ordinance no. 1240 (1993 Series) Planned Development Rezoning PD 191-92 �— Page 3 a. At least 250 square feet of useable, noise sheltered open space shall be provided with each residence. Open space shall be private, directly accessible from the residence, and shall have a minimum dimension of 10 feet in every direction. b. Residences shall be constructed to provide a noise level reduction (NLR) of at least 30 dB on north, west, and south facing walls. C. Residences shall be limited to one story in height. d. Exceptions to requirements a-c above may be made on a case- by-case basis by the Community Development Director, upon certification of an acoustic expert that alternative site-specific mitigation measures have been incorporated into the design of a particular residence which render the other mitigation measures unnecessary. iv. All mechanical equipment shall be installed in compliance with standards from Chapter 9.12 of the Municipal Code, Noise Control Regulations. 12. Applicant shall comply with PM-10 mitigation measures during construction, as approved by APCD staff prior to issuance of grading permits by the City. 13. Applicant shall comply with construction emission mitigation measures included in the BSAEIR (see pages 2-23, 2-24). 14. Applicant shall comply with vehicle emissions mitigation measures included in the BSAEIR (see pages 2-24, 2-25). 15. Applicant shall install lockable bicycle lockers for use by project employees, in locations convenient for employee use. 16. Applicant shall provide a bus turnout and transit shelter on the site.. 17. Applicant shall comply with the Interim Archaeological Survey Procedures prepared by the City's Cultural Heritage Committee (attached) prior to and during the construction phase of the project. These guidelines require: Ordinance no. 1240 (1993 Series) Planned Development Rezoning PD 191-92 Page 4 a. Completion of a surface survey by a qualified archaeologist approved by the Community Development Director prior to commencing construction activities on the site. b. Halting of construction activities if archaeological resources are discovered during construction. C. Implementation of a preservation plan prepared by a qualified archaeologist and approved by the Community Development Director if significant archaeological resources are discovered. 18. The preliminary development for the planned development is approved subject to the mitigation measures noted above, and subject to the following additional conditions: a. An exception to the fence height regulations is approved to allow a 10-foot high screen wall/fence near the Tank Farm Road frontage of the site, subject to provision of an 8-foot setback from theproperty line. b. Landscaping, building design and site plan details shall be to the approval of the Architectural Review Commission. 19. Except as otherwise noted in this ordinance, all regulations for the C-S zone shall apply. 20. The types of uses allowed or conditionally allowed shall be as provided in the list submitted by the applicant (Exhibit A, attached), as modified by conditions Nos. 5 and 6 above, and as noted below: The following uses normally allowed in the C-S zone are prohibited: - Auto Repair and Related Services - Carwashes - Retail Sales - Tires and Batteries - Service Stations 21. The applicant shall initiate a trip reduction plan approved by the Community Development Director. The applicant shall create a property owners' association which shall be empowered and required to implement the plan on a continuing basis. 22. Applicant shall pay $56,000 as the project's total contribution toward the Broad Street Annexation's EIR mitigation measures, prior to issuance of a building permit s } Ordinance no. 1240 (1993 Series) - �`. Planned Development Rezoning PD 191-92 —' Page 5 or final map approval, whichever comes first. Project specific mitigation measures, such as the Industrial Way traffic signal, are not included as a part of this contribution. 23. Construction of the buildings and site improvements may be phased, in accordance with a phasing plan approved by the Community Development Director as part of the PD final development plan. 24. Applicant shall install necessary public and/or private sanitary sewer mains and services in accordance with City standards, to the satisfaction of the City Engineer. 25. In conjunction with the traffic mitigation measures identified in Condition No. 7, the applicant shall provide traffic signage and delineation plans to the approval of the City Engineer and Caltrans. Plans shall be prepared for existing roadway 300 feet north and south of the project site on Broad Street; Tank Farm Road to just east of Poinsettia intersection; and Industrial way from 100 feet east of the project site to future intersection with Prado Road extension. Plans shall include the proposed and existing signal locations and proposed and existing street lighting. 26. Applicant shall pay$18,014 water line reimbursement fee to Southern California Gas Company for pro rata share of Industrial Way water main extension, as required by prior Council resolution. SECTION 2. A synopsis of this ordinance, approved by the City Attorney, together with the names of councilmembers voting for and against, shall be published once in full, at least (5) days prior to its final passage, in the Telegram-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. Ordinance no. 1240 (1993 Series) Planned Development Rezoning PD 191-92 Page 6 INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at its meeting held on the 1st day of June 1993, on motion of Rappa , seconded by Roalman , and on the following roll call vote: AYES: Council Members Rappa, Roalman, Romero and Settle NOES: Mayor Pinard ABSENT: None Mayor Peg Pinard ATTEST: City Clerk Diane R. Gladwell APPROVED: Widto C-8-7 B_Architectural.Review Required. All requests shall Chapter 17.33 receive architectural review in accordance with the adopted M Afz I6o uo COWTIeEZ architectural review commission ordinance and guide- USE REGULATION Iines. The director shall determine, upon receiving C complete application,whether the project is declared Sections: minor or incidental,or shall be forwarded to the archi- tectural review commission for review. 17 22.010 Uses allowed by.zones. - C Application Contents. All proposed second unit requests shall be by formal application for administra- 17.33.010 Uses allowed by zones. tive use permit and architectural review. Uses within zones shall be as provided in the following D.Additional Requirements. chart Symbols shall have these meanings: 1. Owners Agreement with the City. The owner shall A The use is allowed; enter into an agreement with the city, on a form ap- D - If the director approves an administrative use proved by the city attorney,agreeing that the proper.y permit as provided in Sections 1758.020 through will be owner-occupied. If owner occupancy is not 17.58.080,the use may be established; passible,then the use will terminate,and the structure PC- If the plannin;commission approves ausepermit will be returned to its original condition to the satisfic- as provided in Sections 1755020 through 175080, cion of the director. the use maybe established; A/D-The use is allowed above the ground floor. If the Property owners receiving approvals for second units director approves an administrative use permit,it and establishing the use pursuant to this section shall maybe established on the ground floor. also agree to reimburse the city for costs of all necessary enforcement actions. See also Section 17.36.030 concerning uses which may be established within public schools. . 2.RecordedAgreementAffecting Use ofProperty. The applicant shall.submit an agreement that will provide Listed uses are principal uses. -accessory uses are a!- constructive notice to all future owners of the property, Iowed with principal uses. of the use and owner occupancy restrictions affecting the property. Upon approval of the administrative use Drive-through facilities are not allowed in any zone. permit and architectural review,the applicant shall prepare the final copy of the agreement for the directors review Where manufacturinals allowed,incidental sale of iters in a form suitable for recording in theofficeof thecounry madeonthe premises isallowed.Whensale ofa particu- recorder. lar typeof item is allowed,craftsman-type production of such an item for sale on the premises is allowed. E Appeal. Appeal procedures.for this section shall be the same as set forth for administrative use permits as -!hese reguIations are intended to permitsitnilarty-pes of defined in the city zoning regulations. (Ord. 1004 - 1 uses within each zone. The director, subject to the (pan),1983: prior code-9940) appeal procedures of Chapter 17.66, shall determine whether uses which are not listed shall be deemed al- 17-21.060 Periodic review-Violations. lowed or allowed subject to use permit approval in a certain zone. This interpretation procedure shall not be A. Periodic Review. Use permits shall be subject to -used as a substitute for the amendment procedure as a review after the first yearandeach threeyears thereafter. means of adding new types of uses to a zone. It shall be the responsibility of the property owner to initiate the review and pay applicable fees. Special notes, indicated by number in the following chart,may be found at the end of the chart. B.Violations. Violation of any of the provisions shall be O basis for revocation of the use permit in accordance with 1` jter 17.72. (Ord.1004-1(part),19&S: prior code- V /� 11/24/q 2 a1 G '0 �O n Table 9-Uses Allowed by Zone R-I I R-2 R-3 I R-41 CIOS Ott PF I C..-N I C-C C-R I C-T C- M Advertising and related services(graphic I I - design,writing,mailing,addressing,etc) A I JA/D A I I.A D Agriculture-grazing and outdoor crops I A I A I A Agriculture-greenhouse culture, I I I PC livestock feeding Airports and related facilities I I I I I PCI I ID< PC Ambulance services I I I ( PCI I I PC I A I D Amusement arcades(video games,see Chapter 552,Electronic Game Amuse- ment Centers) PC D D D Amusement parks,fairgrounds I I I I I PCI Animal hospitals and boarding I I I I I I I D Animal grooming I I A I A I _I D Antennas(commercial broadcasting) I I I ( PC PC I i I X D Athletic and health clubs,gymnasiums, fitness centers,tanning centers I I I I D PC 'D I PC PC I PC Athletic fields,game guru I I I I I I PC PC PC I D PC Auto dismantling,scrap dealers, recycling centers I I I I Ik A Auto repair and related services(body, brake,transmissions,muffler shops; painting,etc) D A A Auto sound system installation I I I I I I D'= I Dl-- I A A Banks and saviPr.nsaand loans; rt++t I I I I I A I I At I A T ASF. I (� Bars,taverns,etc(see Nightclubs) I I I I I D I D I D D D Barbers,hairstylists,manicurists, I ( ( I I I I l tanning centers A A A I PC D Boarding/rooming houses,dormitories (See also Chapter 17.20) PCI D I I D I D Bowling alleys I ( I PC PCI D I PC PC Broadcast studios I A AID A A I A A-Allowed D-Ditemorsappruval requited PC-Planning cx:tmmission approval required AID-Director's approval on ground floor alloyed above '17he director shall determine if a proposed.unlisted use is similar to a luted use.Numbered note are at end of than.. 42 Uff.04T Table 9 Uses Allowed by Zone R=1 I R-2 IR-3I R-41 COS 10111 PF I C-N I C-C. C-R I C-T I C-S Di Building and landscape maintenance _ services A/D A_. ...__ A Bas stations . ( I I I PCI I: A Cabinet and carpentry shops I I I I I I I .._ I A Caretakers'quarters I.A A A I A I A I A I D I D I D I DIA D I D Cam-ash-mechanical I I i I PCI D I D Car sash-self-service I I I I III .D I D PCI A L A Catering services ) I I I I I I A I I A T A Cemeteries,mausoleums,columbariums PC I PC PC PCI. PC I PC I PC I PCI PC ( PC I PC PC Christmas tree sales{see Section 17.08.010D) III D IDIDID DID ID ID D Churches,synagogues,temples,etc I PC D D I D I I A I D _I D I D I A Circus,carnival,fair,festival,parades (see Section 17.OS.O10E) I I I D I D I D I D' ( D I D I D xED - Computer services I A .. IA/D I A I _-• A I D Concurrent sales of alcoholic beverages I and motor fuel(see Section 17.08.100) ( I D 1 I I D I D IX Construction activities(see Section 17.0&O10G) A I A A A A JA A A I A I Al < A Contractor's yards A. Convalescent hospitals I PCI PCI D I PCI PCI I I D Convents and monasteries I PCI A I A I I I I I D Credit reporting and collection I I I A I I IA/D I A I I. A- Credirunions and finance companies I I I I I A I I A A t 1 " i= - Delivery and private postal services I I I I I D I I I I A -I I A A Detective and security services I A A/D I A A D Drive-in theaters I I PC Dwellings I A= A A I A I A I AI I IA/DIAIDIA*JDI D A-Allowed D-Director's approval required PC-Ptanning eommission approval required A/D-Director's approval on ground floor,allowed above Tru director shall determine if a proposed.unlisted use is similar to a listed use.Numbered notes are at end or chart. l/Z+/9 43 Exas fA �� f� Table 9 Uses Allowed by Zone . R-1 R-2 I R-31 R-41 GOS O"7PB C.N C-C C-R C-T I C-S [ NI Educational conferences(see Section _ 17.08.010E-1) D D D D EIecronic game amusement center I IPC PC PC I PC Employment agencies -- A D A/D _ II II A ( :-- Equipment rental I I I I I I ( I I I A A Exterminators and fumigators III I I I I I I A Feed stores and farm supply sale I I I I I I I PCI I A ( A- Flori$ts;luGt�JOED Wl�W eel. I . _ 77 IIA A I A Fraternities and sororities I I PCI PC I I I I I I Gas distributors-containerized(butane, propane,oxygen,acetylene,etc) A Government agency corporation yards I I i PC I I I XI A Goverment agency offices and meeting I I I PC D ( D I D rooms High occupancy residential use I D D ( Home business(see'Section 17.0&040) Homeless shelters(see Section 17.08.110) I I PC PC PC PC I PCI PCI PC I.PC PC - Hospitals I I PC PCI I I I Hot tubs-commercial use I I I ( I I I I PCI PC I PC I D I PCI PC Insurance service-local I I I I I I A I I S I A I I Insurance services-regional office I I I I I IA/D I A I I I Laboratories(medical,analytical) I I I PCI I I I A I I A I A Laundry/dry cleaner -cleaning plant A A -pickup point A A A PC A A -self-service A A A PC D Libraries - - — PCI A' D I A A-Allowed-D-DireetorsapprovaI required PC-Planning commission approval required AID-Director's approval on ground floor,allowed above 'Me director shall determine if a proposed,unlisted use is similar to a listed use.Numbered nota are at end 0(chart. 44 ���1� Table 9-Uses Allowed-by Zone R-1 R-2: R3 R-4 UOS. Ott PF C-N C-C C-R C-T I C-S bi Manufacturing-food,beverages;•ice; apparel;electronic,optical,instrumen-- tadon products;jewelry musical instru- menis;sporting goods;art materials A Manufacturing--basic metals,chemicals, - building materials,fabricated metals, textiles,paper and cardboard;machin- - -- - ery,transportation equipment PC Mineral extraction(see Section 17.0S.020) PCPCI PC PC I PC IPCIFCIPCIPCIPcIPC' PC Mobile home parks PCI PC PC PCI I I I I Mobile home as construction office(see I I I I I I Section 17.OS.OlOC) D D D D D D D D D D D D D Mobile homes as temporary residence at building site(see Section 17.08.010F) I A I A I A I A.I A I A I I A I I Mortuaries I D D I I A I Motels,hotels,bed and breakfast inns I I I I i I I A ( A I A Museums I I PCI _ I_D A_I_ Nightclubs,discotheques,etc(see Chapter 5.40,Adult Entertainment Establishments) D D D Offices(contractors)-all types of general and special building contractor's offices A AID -A - Ata Offices(engineering)engineers and industrial design A A/D I A D'a to ILiI ILIII Ac -oPror+�;rzaa,, Offices attorneys archi= I FeGc -RS CPRAa R+chi..�rS rh1L• . u` cotlnSe ors a teal sernces, wtnFt.r oo �.� auou. oar„," Wo accounta��s,rnvestment brojers,reagtois, appraisers �s= atcro zam s.F I A A/D A x 10 Organizations(professional,religious, political,labor,fraternal,trade,youth, etc)offices and meeting rooms D- D A D A/D A D Parking(as.a principal use) PCL I D" IPC" D° I DL Parks A A I A A D I A D A A I A Pharmacies-lucwoED 6;%Triu 2,6!Y0i A AIA a A•Allowed D•Directot'sapproval required PC•Plumingaommissioa appro aW required A/D•Direaoesapproval on ground troor,allowed above 73e director shall determine if a proposed,unlisted use is similar to a fisted use.Numbered nota are at end of chart /2 f 9p2 45 O�/� EXH INW, Table 9-Uses Allowed by Zone R-1 I R-2 :R3 I R-4C/OS Ott PF j C-N C-CIC-RIC-TIC-SI b1 Photocopy services; quick printers — A I A A/D A A A Photofinishing-retail JA A A PC I A Photofinishing-wholesale;and blue- -- printing and microfilming service I i IPC A k A Photographic studios I I I I A A I A PC I D Police and fire stations and training facilities PCI I I I k k Pool halls,billiard parlors,etc I ( I I I I I PCI D I D I D I { Post offices and public and private postal services -under 2,000 square feet gross floor area per establishment PC D A A A 2,000 square feet or more gross floor area per establishment I I I PCI A A I I A i Printing and publishing I I I I I D I D I I A T A Produce stand(incidental sales of items I - •I ( I I ( I produced on the premises 1 D Public assembly facilities(community meeting rooms,auditoriums,convention/ exhibition halls) PC D D D Railroad yards,stations,crew facilities I I i 1- 1-7 - 1 A Refuse hauling,septic tank and portable ( I I I I I A toilet services Repair services-household appliances, locksmiths,saw sharpening,shoe repair I I I I I D A A I A A Residential care facilities-6 or fewer residentsI A A A A A AID IAIDI D I I LI A A/DIII Residential care facilities-more than 6 residents PC PCI D I PC I PC I D I I Restaurants,sandwich shops,takeout food,etc A I D I A I A JA A-Allowed D-Direetor'sapproval requited PC-Plahningmmmission approval required AID-Director's approval on ground floor,allowed above 71=director soap determine if a proposed.unlisted use is similar to a listed use Numbered notes are:at end of than. 11/2 46 EXH .BIT Ae Table 9-Uses Allowed by Zone R-1 R-Z, R-3 R-4 I CLOT-10u- PF C-N I C-C C-R I C-T I C=S•1 i•1 Retail sales-building and Iandscape mat- erials(lumberyards,nurseries,floor and wall coverings,paint,glass stores,etc.) D A A A Retail sales-appliances,furniture and _ furnishings,musical instruments;data processing equipment,business,of5ce and medical equipment stores;catalog stores;sporting goods,outdoor supply A A D Retail sales and repair of bicycles I I- I A8 I A I A I I A Ramal ulaeand rental-autos,tpasks, . . IDI I A PCI f f I I Retail sales-auto parts and Pccescries D A A PC f I I I I I 1 f I . except tires and batteries as principal use Retail sales-tires and batteries I I I I I I I A I I A PC Retail sales and rental-boats,aircraft, mobile homes f f I I I f I PC I I I Retail sales-groceries,liquor and specialized foods(bakery,meats,dairy items,etc) A A A PC L A Retail sales general merchandise(drug, hardware,discount,department and variety stores) - 15,000 square feet or less gross floor area per establishment A A A I A -15,001 to 60,000 square feet gross floor area per establishment PC A A i D -more than 60,000 square feet gross floor area per establishment PCI D PC Retail sales and rental-specialties(shoe stores,clothing stores,book/record/ videotape stores,toy stores,stationery stores,gih shopsLIMIMO ro Z5X O1" Aa A A D i Schools -Nursery schools,child day care PC PC D D A. D D D D D -Elementary,junior high,high schools; schools for disabled/handicapped PC PC D D D D -Colleges/universities D A-Allowed D-Directoi s approval required PC-plaaaing commission approval required A/D-tttoctoes approval on ground poor,allowed above The director shall determine if a proposed,unlisted use is similar to a listed use.Numbered notes ar:at end of chart. 47 XH �` Table 9-Uses Allowed by Zone R-1 R-2 R-3 I R4 CIOS. .Olt 1 PF I C-N C-C I C-R C-T C-S M -Business,trade,recreational,or other specialized schools PC A/D A 1?`. -Boarding schools and academies PC PC Secretarial and related services(court reporting,stenography,typing,telephone A/D A answering,etc) A ' D Service stations(see Section 17.03.030) I I I D D I DIA ( A Skating rinks I I I I I PCI - I PCI D PC Social services and charitable agencies I I A I D D A I A I ) I Stadiums 11 I I I . I PC I I I I PC Swap meets I I I ) I I PC Swimming pools(public) I I I I ( PC I PCI PC Tallow works PC Telegram office I i I A I I A A I I D Temporary parking lots{see Section I { 17.08.0101) Temporary real estate sales office in tract j (see Section 17.08.010B) D D D D Temporary sales(see Section 17.08.010.]) I I I I I I DID D I D I D I D Temporary uses-not otherwise listed in I I I I I I I f Section 17.08.010K Il D D D D 1 D D D D DID I D D D Theaters(see Chapter 5.40,Adult Entertainment Establishments) I , I ( IPC16IPC1`I D I D Ticket/travel agencies I I I i I I A I I I A I A I PC I D I Tire recapping I I I I I I I I I I X A Title companies I A I A A Trailer rental I I I I D I A Trucking/taxi senice Utility companies -Corporation yards PC A A-Allowed D-Directors approval mquird PC-Planning commission-pproval required A/D Diree[or's appeoval on ground floor allowedEl 1 The director shall determine it a proposed,unlisted use is similar to a listed use.Numbered actes are at end of chart. ///Zy /S� Table 9-Uses Allowed by Zone . !R-1 R-2 I R3 R-41 .C/OS I Ot"j-PF C-N I C-C I C-R I C-T,1 C-S'I M -Customer account services (bill paying _ / and inquiries) A D" -Distribution and transmission facilities- see Section 17.08-050 -Engineering and administration offices AID A D -Payment drop points A -A AI I =-• p Vending machines (see Section 17.08.080)I 1 1 I 1 I 1 A FA I A I A I A I Veterinarians I I I A` I . I I A6 I I D I Warehousing,ministorage,moving War P nY I Water and wastewater treatment plants _III I PC I Water treatment services X A Wholesale and mailprder houses PCI I A I A ZOM III I I PC l - L A-Allowed D-Dicctoesapproval required PC-Planningocommissionapproval required A!D-Dirutoriapprwalanground noor,allowed above The director shall determine if a proposed.unlisted use is similar to a listed use.Numbered notes are at end of chart. //Z 49 C���G Notes: 1.In the C-N zone,only branches of banks are allowed-no headquarters: 2 Except for condominiums,the development of more than one dwelling on a land parcel in the R-1 zone requires 4 approval of an administrative use permit. R-1 density standards apply. 3. In the O zone, dwellings on a site occupied by residential uses only are allowed. Dwellings on a site with nonresidential uses require approval of an administrative use permit. 4.In the C-N zone,hot tubs/spas for commercial use must be enclosed. 5.In the M zone,schools are limited to those offering instruction in fields supportive of allowed uses. 6.Ia the O,C-C and C-R zones,animals at veterinarian's facilities must be kept within a building. 7.In the C-N zone,branch libraries only are allowed. &In theC-N zone,the following types of uses are allowed provided that(1)the gross floor area of each establishment shall not exceed two thousand square feet and(2)the combined floor area of such establishments within a shopping center,or on a parcel which is not in a shopping center,shall not exce-.d twenty-five percent of the total floor area: -retail sales and repair-bicycles; -retail sales and rental-specialties. 9.In the C-Trane,carwashes are allowed only in conjuncionwith and incidental to servicesaeons,and provided that no other car wash is located within 1000 feet of the site. 10.Large professional office buildings which can include multiple tenants but with no-single tenant snac-less than 2,500 square feet maybe established in the C-S and M zones subject to the approval of a Planned DeveIopment(PD) zoning application and compliance with findings specified in Section 17.62A40 C. However,this provision notwith- standing,the following types of office-related uses are prohibited in PD's approved for C-S and M zones: Banks,real estate offices,financial institutions,medical clinics,doctor's offices,and lawyer's offices. .l.An administrative use pertait is required for the construction of nonresidential structures or the conversion of residential structures to non-residential uses in the O zone- In order to approve a use permit the director must make each of the following findings: A That the location,orientation, height,and mass of new structures will not significantly affect privacy in nearby residential areas. B.That the project's location or access arrangements wit not significantly direct trafis to use local streets in nearby residential area, C.That the project includes landscaping and yards that adequately separate parking and pedestrian circulation areas from sites in nearby residential areas. 12.In the C-C and C-R zones,use permit review of automobile sound system installations should include consideration of the following items: parking space displacement,noise from the operation,and appearance.. Use permits may be approved only when the use is accessory to a retail sales operation. 13.Where parking as a principal use is allowed,deviations to existing setbacks and building heights are permitted upon approval of a use permit as required by Section 17.22010. All multi-level parking facilities shall require the approval of a use permit by the Planning Commission. 14.Theaters in the C-N zone shall be limited to 4,000 square feet in size,a single screen,and restricted to shopping center sites in the zone(See Section 17.04371). 50 - T 1 , INTERIM ARCHAEOLOGICAL SURVEY PROCEDURES A. Term of Aonlication Prior to the adoption of guidelines for the survey of archaeological resources, the following interim procedures should be used to guide the Community Development Department's environmental review process. B. Surface Survey Defined A surface survey is done by a qualified archaeologist who walks the site and prepares a written report that describes any evidence of archaeological resources and identifies the need for further subsurface investigations or project mitigation measures. C. Proiects and Aoolications Affected An archaeological surface survey will be required (1).when a proposed devtlopment project will disturb subsurface materials (eg. by trenching for utilities, digging foundations, or other excavation work), or (2) when an annexation, planned development, or subdivision map is submitted; and one or more of the following conditions exist: 1. The site is vacant and is one acre or larger. 2. The site is adjacent to San Luis Obispo, Stenner, Old Garden, Prefumo, Froom Creeks or other creeks with running water year round. 3. The site is within 200 feet of the boundaries of an archaeological site as shown on USGS quad maps on file in the Community Development Department.. 4. The site is within the Central Commercial (CC) zone or any of the three Historical Preservation (H) zoning districts. D. Exemptions The construction of a single family home, residential additions, minor commercial additions, or the construction of accessory structures (garages, tool sheds, etc.) are exempt from these interim procedures. The Community Development Director may require surface surveys for exempt projects when, after receiving advice from the CHC, he determines that there is a moderate to high probability that the site contains archaeological resources. E. Tvoe of Survev Reouired. When a survey is required consistent with Paragraph C above, the planning staff shall specify the following as mitigation measures within. the initial environmental study: 1. A qualified archaeologist shall be hired by the applicant; to conduct a surface survey of the construction site (reference attached list of archaeological consultants). 2. The archaeologist shall be approved by the Community Development Department after qualifications have been reviewed. EX"HIBIT . Page 2 -- Interim Archaeological Survey Guidelines 3. The developer shall pay for all survey costs. 4. All survey results shall be submitted to the department in writing.(reference attached report format). 5. If surface survey results conclude that.archaeological resources may exist, the project archaeologist shall recommend, in a separate cover letter, specific mitigation measures. These measures shall be reviewed by the Director or, upon referral, the CHC for possible inclusion into the description of the project. F. Response to Finds If archaeological resources are found during the construction of a project, work on the project should be temporarily halted until a qualified archaeologist can review the resources and suggest specific mitigation. i EXHIBIT "All C� Y ORDINANCE NO. 1240 (1993 SERIES) REZONING PROPERTY ON THE EAST SIDE OF BROAD STREET BETWEEN TANK FARM ROAD AND INDUSTRIAL WAY FROM C-S-S, C-N-SP AND R-2-SP TO C-S-PD (APPLICATION PD 191.92, 3950 BROAD STREET) On June 1, 1993, the San Luis Obispo City Council voted four to one to introduce Ordinance No. 1240 (1993 Series),which approves rezoning of property located on the east side of Broad. Street, between Tank Farm Road and Industrial Way. The proposed zoning designation is Service Commercial - Planned Development. The current zoning is Service Commercial - Special Considerations, Neighborhood Commercial - Specific Plan, and Medium Density Residential - Planned Development. The ordinance also approves a preliminary development plan for a shopping center on the site, and includes various provisions regulating the types of uses which are allowed or conditionally allowed within the center. The Council must vote again to approve the ordinance before it can take effect. That action is tentatively scheduled for June 15, 1993 at a regular City Council Meeting to begin at 7:00 p.m. in the Council Chambers at City Hall, 990 Palm Street. Copies of the complete ordinance are available in the City Clerk's office in Room No. 1 of City Hall, 990 Palm Street. For more information, contact the Community Development Department at 781-7174. Diane Gladwell, City Clerk ���-jo