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HomeMy WebLinkAbout02/07/1989, 1 - REZONING OF AN AREA BOUNDED BY MONTEREY STREET, SAN LUIS CREEK AND NORTHERLY OF GROVE STREET FROM C MEETING DATE. i��l�► city of San Luis OBispo 2-7-89 COUNCIL AGENDA REPORT Imo""NUM Michael Multari, Community .Development Director; By: David Moran Assistant Planner SUBJECT:Rezoning of an area bounded by Monterey Street, San Luis Creek and northerly of Grove Street from C-T, tourist commercial, to C-T-S, tourist commercial with special considerations and amending the boundary between the C-T zone and conservation/open space zoning along the north side of San Luis Creek. CAO RECOMMENDATION Introduce the attached ordinance to approve a negative declaration on environmental impact, amend the zoning map to add the "S" designation to the north Monterey Street tourist commercial area, adopt the proposed design criteria, and relocate the boundary between the C-T zone and the C/OS-5 zone as shown on Exhibit "A". INTRODUCTION As part of the public comment period at its August 2, 1988 meeting, the City Council received a letter signed by residents of the San Luis Drive neighborhood (see attached) expressing concern with the adverse impact recent tourist commercial development along Monterey Street was having on their neighborhood. In summary, the residents asked that: 1. The zoning along Monterey Street be changed to add the "S", special considerations overlay which would require Planning Commission review of all new projects; 2. Additional notification of future projects be provided the residents; 3. An evaluation of the cumulative impacts from expanded tourist commercial development be undertaken; and 4. Guidelines be adopted as part of the "S" designation which would direct future tourist commercial development in a manner that minimized the adverse impacts on the adjoining residences. Staff proceeded with the rezoning through the Planning Commission. The draft ordinance attached to this report reflects the consensus of the Planning Commission. SIGNIFICANT IMPACTS The initial environmental study (attached) did not identify any significant adverse environmental impacts which would result from this rezoning. Potential adverse impacts relating to loss of privacy, light and glare and noise resulting from new development could be significantly reduced if the proposed design guidelines are adopted. CONSEQUENCES OF NOT TAKING ACTION If the Council does not approve the proposed rezoning, the concerns of the residents of San Luis Drive would be addressed through the architectural review and environmental review processes and would be exclusive of specific design guidelines for new development. mfl�i �uNlB�� ��Ip city o� san L-AS 0131SPO COUNCIL AGENDA REPOW CR 1405 Page 2 Data Summary Address: 1603 to 2223 Monterey Street Applicant: City Of San Luis Obispo Zoning: C-T, C-T-S and C/OS-5 General Plan: Tourist commercial Environmental Status: The Director approved a negative declaration on environmental impact on October 26, 1988. Site Descriotion The proposed rezoning area consists of approximately 23 acres along an important visitor-serving corridor in the city. The lots in the study area are relatively deep (400 to 500 feet) and are improved with motels of up to three stories in height; several of the lots are underdeveloped or have significant redevelopment potential. Surrounding land uses include restaurants and transient lodging uses as well as single family residences on the south side of San Luis Creek which forms a natural boundary between the two land uses. San Luis Creek is one of the four major waterways running through the city. In the proposed rezoning area, the creek channel varies in depth from 15 - 20 feet and in width from 50 - 100 feet and is lined with mature riparian vegetation. The northern creek bank is approximately 25 - 30 feet higher in elevation than the southerly bank; the top of the creek bank is not as well defined along the northerly side as on the southerly side of the creek. i The southerly portion of the rezoning area (the Quality Suites and Standard Motors properties) is currently zoned C-T-S. The "S" designation was applied to this property during the citywide rezoning when the property was under one ownership. The adopting ordinance does not explicitly specify the concerns to be addressed under the "special considerations" review. However, the site is adjacent to the creek and the adjoining single family residential neighborhood as well as office zoned land to the southwest. The site also contains a large nonconforming use (Standard Motors). These properties are being included in the subject rezoning so that uniform design guidelines of the "S" designation can be applied to all C-T zoned properties bounded by Monterey Street and San Luis Creek. The creek itself is zoned C/OS.- 5, conservation open space with a five acre minimum parcel size which was also applied at the time of the citywide rezoning. Evaluation 1. Rezoning Strategy, The "S" Designation and Proposed Design Criteria — The residents of San Luis Drive are concerned that continued expansion of commercial development on the south side of Monterey Street will detract from the residential character of their neighborhood, particularly as it relates to privacy, and the generation of additional noise, light and glare. To help mitigate these potential impacts from future commercial development and to further other city goals relating to creek preservation, enhancement and public access, staff recommended that the Planning Commission establish a more restrictive creek setback (and setback reference point) and adopt specific design criteria to be applied to new projects under the "S" designation which requires Planning Commission review. The proposed creek setback and design criteria resulted from numerous discussions with the property owners, a field investigation of the creek and an evaluation of various alternatives to establishing _� a creek setback for new development. MY Of San Luis OBISPO NiN COUNCIL AGENDA REPORT CR 1405 Page 3 The proposed design criteria for the "S" designation is attached and is also included in the draft ordinance. In summary, the proposed design criteria would: -- Keep new development farther from the creek; Restrict building height as a function of distance from the creek; -- Minimize building openings facing the creek and require screening between the creek and buildings which includes, at a minimum, restoration and enhancement of creekside vegetation; -- Require irrevocable offers of dedication for a pedestrian access easement for every new commercial use or expansion of existing use and dedication of an open space easement over that portion of commercial property zoned C/OS-5. -- Require the Planning Commission to make specific findings that new uses established will not adversely affect the adjoining residential neighborhood. The design criteria would also allow the Planning Commission to vary the setback and height standards, under special circumstances. In such cases, the burden will be on the property owner/developer to justify an exception based on circumstances relating to the site and/or development. The Council may wish to consider other requirements for inclusion as criteria under the "S" designation, such as: -- Requiring more strict enforcement of cleanup after construction has finished. -- Requiring mandatory tree preservation bonds on all new projects. Restricting building materials and colors. -- Establishing a minimum landscaping requirement. It should be noted that some of these requirements are currently part of the municipal code or now come under the purview of the Architectural Review Commission. The Council may also wish to consider revised wording for the design criteria as suggested by the representative of several of the commercial property owners (attached). Staff generally has no problem with the revised wording for numbers 2 and 8, but would recommend retaining the original (Planning Commission) version of numbers 1, 6, and 12 as they relate to what may occupy the proposed creek setback area, pedestrian access and offers of dedication for the urban trail, respectively. (For a more thorough discussion of issues relating to the urban trail, see part 3.Urban Trail System). The suggested change to Criteria No. 1 relates to the desire of some of the commercial property owners to allow parking to occupy the proposed creek setback area. city of san L,..is OBlspo i COUNCIL AGENDA REPORT CR 1405 Page 4 There was also sentiment expressed by the Planning Commission that several of the proposed design criteria were equally applicable to the residential side of San Luis Creek, and that the goals of creek protection, preservation and enhancement would be best served by applying appropriate new setbacks and design criteria to the residential side as well. A thorough evaluation of these alternatives will be forthcoming from the Parks and Open Space element update; the residents of San Luis Drive and other concerned citizens will be encouraged to participate in that process. 2. Proposed Creek Setback and Revised C/OS-5 Boundary -- The creek provides an important habitat for riparian plants and animals which is an attractive yet sensitive amenity for both the residential and commercial properties. The most commonly employed tool to protect the riparian environment, allow access for maintenance and to insure buildings are kept away from potential hazards such as flooding and erosion is to require a minimum setback from the creek. Creek setbacks are also used to minimize privacy and overlook impacts onto adjacent lots, particularly where the creek forms the interface between residential and commercial zoning. Creek setbacks for buildings are not clearly defined in the zoning ordinance and in most cases are determined on a case-by-case basis within the context of site specific constraints. Part of the inherent problem in applying a consistent creek setback for buildings lies in the various definitions and interpretations of the "top of bank" for the creek, graphically illustrated by the creek section drawings on Figures 2, 3 and 4, attached. There are essentially three approaches to the problem currently in use by the city: I. Flood Control Maintenance And Access Approach The municipal code defines a 20 foot setback from "top of bank" for creek maintenance and flood control purposes as, ... that point on either bank which represents the water level at full capacity of the waterway without flooding or overflowing on either side of the waterway. The twenty foot distance shall be measured horizontally from the aforesaid point and perpendicularly to the waterway. This approach works well for determining where an access point should be established for creek maintenance purposes. However, in the case of a creek channel with a higher bank on one side such as the section of San Luis Creek near the Standard Motors property, the "top of bank" by this definition occurs well inside the creek channel itself. A 20 foot setback from this reference point would clearly not be restrictive enough to achieve the desired goals of protecting the creek and maximizing separation between commercial and residential land uses. II. Physical Top-Of-Bank Approach -- Recently, the Planning Commission has required a minimum 20 foot setback from the "top of bank" for creekside projects. In this case, the top of bank is interpreted on a case-by-case basis but is usually considered the highest physical point measured vertically from the creek along the project creek frontage. The problem with this approach is that the irregular form of the creek channel can make a consistent "top of bank" determination difficult. Another problem is that it may not be restrictive enough to afford sufficient protection of prime riparian habitat or adequately mitigate privacy and overlook concerns. _ i�I�111NI�IIIIIN�Ih ����II City of San luiS OBispo i COUNCIL AGENDA REPORT CR 1405 Page 5 III. 100 Year Floodplain Approach -- An alternative to the top of bank reference point is to use the 100 year flood plain and establish a setback from this elevation. While this would, in some cases, be a larger setback than 20 feet from the top of bank, in this section of the creek the 100 year flood is contained almost entirely within the creek channel itself. Furthermore, a 20 foot setback from this line would not likely include most of the sensitive riparian habitat or keep development far enough away from the creek bank. In such cases, the city would again be establishing creek setbacks on a case-by-case basis. To alleviate these problem, staff recommended to the Planning Commission that a new creek setback be established along the commercial side of the creek by relocating the boundary between the C/OS-5 and C-T zoning districts for use as the new reference point. This approach was chosen for three primary reasons: It appeared to be the best tool available to keep new development away from the sensitive creek environment and, hence, the adjacent residences on San Luis Drive. -- It could be established with relative ease on an aerial photograph and be referenced by property owners, city staff and the public, thereby avoiding a case-by-case (and sometimes arbitrary) creek setback determination for new development. -- The relocated zoning boundary would also afford a better opportunity for establishing a creekside trail. The proposed zoning district boundary and 20 foot setback line appear on the enclosed aerial photographs (Exhibit "A") which are intended 'to be adopted as an exhibit with the ordinance establishing the "S" designation for this area. In most cases, the new boundary was located at the edge of existing streamside vegetation, based on a field survey. Where existing development occurs at the edge of the creek vegetation, the line has been drawn to coincide with a prominent physical feature (ie, a parking lot, wall or face of building) which can be readily identified in the field. The biggest concern of the commercial property owners with respect to moving the zone boundary and establishing a new, more restrictive setback is whether or not this would render existing development nonconforming, and hence jeopardize financing and insurance obligations. It was the intent of staff to make the new setback and design criteria applicable only to development which occurs after the adoption of this ordinance. To that end, the design guidelines state specifically that new projects must conform to the setback as it appears on the enclosed aerial photographs if approved after adoption of this ordinance. Conversely -- and perhaps most importantly to the commercial property owners those projects which appear on the aerial photographs retain whatever conformity status they now enjoy. It should also be pointed out that the proposed setback and design criteria apply only to the commercial properties and not the residential properties which cross the creek. 01N���Ni►�I�IIII�P � II City Of SA -As osrspo Mii% COUNCIL AGENDA REPORT CR 1405 Page 6 3. Urban Trail System -- During the course of Planning Commission review the property owners on both sides of the creek were alerted to the prospect of fulfilling the general plan goal of extending the urban trail system along this stretch of San Luis Creek. The Parks and Recreation element of the general plan says: -- As part of the development review process or in separate city actions, the city will attempt to secure access rights needed to carry out the Urban Trail System. The city will continue to refine the urban trail plan and develop precise design standards that can control the type of access to and use of specific sections of the trail system. -- The city will work on improving access to existing city recreation facilities such as the creation of creekside trails to connect housing areas with schools and parks. These goals would be furthered by requiring offers of dedication for pedestrian access on a project-by-project basis as part of the "S" designation criteria. Note that the design criteria state that the offers should not be accepted by the city until the Open Space element is updated and a plan has been approved which calls for public access in this area. It should be noted that the introduction of pedestrian trails along the creek raises similar privacy and nuisance concerns as new development, and for these reasons, the residents of San Luis Drive vigorously oppose such a plan. While the general plan recognizes the .importance of the creek as an amenity to be enjoyed by the city as a whole, it provides little direction regarding how best to balance the use of this resource with the potential adverse impacts on adjacent properties. In the study area, for example, the creekside trail could most readily be established on the commercial side of the creek through the dedication of access rights with new projects. While this arrangement maximizes the separation of trail users from the residences, it conflicts with the desire of the residential property owners to maintain rear yard privacy. Clearly, the design and location of any creekside trail system will require sensitivity to these concerns. The "S" designation could establish general guidelines for creek trail development in this area; however, the overall trail system should be done in a comprehensive manner. For this reason, the "S" designation should require offers of dedication for pedestrian access easements to the city along the creek. The actual design and location of the trail should await the Parks and Recreation element update. The property owners in the study area will have an opportunity to participate in this process to make sure that these concerns are addressed. As a compromise between requiring an irrevocable offer of dedication (staff and Planning Commission position) and the elimination of the requirement altogether, the Council may wish to consider attaching an appropriate time limit, or "sunset clause", to the requirement for the offer of dedication. In this way, the onus would be on the city to perform the necessary work on the Parks and Recreation element in a timely manner to determine the suitability of this section of the creek for, the urban trail system. The applicant's representative has suggested January 1, 1995 as a deadline for the city to decide whether a public access trail will be established along this stretch of creek (item no. 6 of suggested design criteria). While the language of the proposed alternative is much less forceful than that proposed by staff and approved IwA 11111i1IVIIIII1II011p city of san Wes oBispo COUNCIL AGENDA REPORT CR 1405 Page 7 by the Planning Commission, a time limit would be acceptable to staff. The Council may want to consider a longer timeframe; perhaps to the year 2000. 4. Cumulative Impacts — As mentioned above, several of the commercial properties have substantial expansion and/or redevelopment potential. The residential neighborhood expressed concern over cumulative impacts from expanded development on these properties, particularly as it relates to additional traffic, noise, light and glare. It is expected that the potential project-specific impacts relating to drainage, grading, noise, light and glare would be effectively mitigated by the design criteria outlined above. With respect to traffic, potential cumulative impacts were examined in some detail when the Monterey Street plan line was considered in 1984. The conclusion of the environmental impact report done for that project was that existing and expected future traffic levels could be accommodated with a satisfactory level of service without widening the right-of-way. Further study of cumulative traffic impacts on the area, and the need for future street widening, is being completed at this time as part of the update of the city's circulation element. It is possible, however, that through the adoption of more restrictive design and use standards for this area, the actual cumulative trip generation may be less than expected. To help mitigate conflicts from increased turning movements into and out of the motels along Monterey Street, it is recommended that common driveways be employed whenever possible and that they align with existing driveways on the north side of Monterey Street. i There was some concern expressed by members of the public and the Planning Commission that a more comprehensive approach was needed to address the many complex issues resulting from the continued development of this important tourist commercial area, and questioned whether such an analysis could be included as part of the Land Use Element update. Given the citywide scope of the Land Use Element, the Planning Commission concluded that the appropriate mechanism for this evaluation would be through a specific plan process after the Land Use Element and Circulation Elements are updated. 5. Public Notice Procedure -- The residential neighborhood expressed a desire to expand the level of public notice for projects in the study area as part of this rezoning. Council recently adopted a policy of sending written notice to all property owners within 300 feet for use permits and ARC projects when commercial uses abut residential ones. (This policy is reiterated in Section 4 of the draft ordinance.) ALTERNATIVES 1. The Council can adopt the ordinance approving the rezoning to add the "S" designation and relocated C/OS-5 boundary as shown on Exhibits "A" and "B" and with the design criteria recommended by the Planning Commission, the property owner's representative, or others of your choosing. 2. The Council can adopt the the "S" designation without the design guidelines or revised C/OS-5 zone boundary. 3. The Council can continue review of this item to a later date. Staff asks the council to ive specific direction t 1 city of San As OBISpo Hii% COUNCIL AGENDA REPO u ;; r CR 1405 Page 8 CITIZEN PARTICIPATION The Planning Commission held hearings on the proposed rezoning on October 12, November 9, and November 30, 1988. Public testimony centered around the wording of the proposed design guidelines, the possibility of an urban trail along the creek and the applicability of the guidelines to existing and future development on the residential and commercial sides of the creek. Specific concerns of the public and Planning Commission have been incorporated into the body of this report. Several owners of commercial property as well as members and representatives of the San Luis Drive Neighborhood Association provided input at all three meetings and worked with staff to develop the proposed design criteria which were approved by the Planning Commission. RECOMMENDATION Introduce the attached ordinance to approve a negative declaration on environmental impact, amend the zoning map to add the "S" designation to the north Monterey Street tourist commercial area, adopt the proposed design guidelines, and relocate the boundary between the C-T zone and the C/OS-5 zone as shown on Exhibit "A". Attachments: vicinity map draft design criteria as adopted by the Planning Commission draft criteria as suggested by the property owner's representative draft ordinance i initial study Figure 1 Figure 2 Figure 3 Figure 4 letter from San Luis Drive Neighborhood Association Enclosed: Exhibit "A" (aerial photographs with revised C/OS-5 boundary) I i GORDINANCE NO. (1988 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE OFFICIAL ZONE MAP FROM C-T TO C-T-S FOR PROPERTIES ON THE SOUTH SIDE OF MONTEREY STREET BETWEEN 1603 AND 2223, INCLUSIVE, AND AMENDING THE OFFICIAL ZONE MAP TO EXPAND THE C/OS-5 ZONE ALONG SAN LUIS CREEK BETWEEN MONTEREY STREET AND SAN LUIS DRIVE AS DEPICTED ON THE ATTACHED EXHIBIT "A" WHEREAS, the Planning Commission and the City Council have held public hearings to consider amending the .zoning regulations in accordance with Section 65800 et. seq. of the Government Code, and Chapter 17.62 of the Municipal Code; and WHEREAS, the City Council finds that the proposed zoning is consistent with the general plan; and WHEREAS, the proposed zoning promotes the public health, safety; and general welfare; and WHEREAS, the proposed zoning will not have a significant affect on the environment; and WHEREAS, the proposed "S" (Special Considerations) designation is to address land use compatibility concerns applicable to the surrounding area and particularly between commercial and residential land uses adjacent to San Luis Creek. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the area shown on the map attached hereto marked Exhibit "B" and included herein by reference be reclassified from C-T (Tourist Commercial) to C-T-S (Tourist-Commercial-Special Considerations). SECTION 2. That the boundary between Tourist Commercial and Conservation Open Space (5 acre minimum) be modified in accordance with the aerial photographs attached hereto marked Exhibit "A" and included herein by reference. Ordinance No. (1988 Series) CR 1405 Page 2 SECTION 3. That existing development depicted on the aerial photographs attached hereto and marked Exhibit "A" and included herein by reference shall retain the zoning conformity status enjoyed as of the effective date of this ordinance. SECTION 4. The City will provide written notification to all property owners within 300 feet of any new development or use or expansion of existing development or use subject to Planning Commission review under the "S" designation or subject to review by the Architectural Review Commission, in addition to posting a sign on the property and published notice in the newspaper. SECTION 5. That any new development or use or expansion of any existing development or use approved after the effective date of this ordinance shall be subject to the following design criteria: 1. All new structures approved after adoption of this ordinance shall be setback a minimum 20 feet from the relocated C/OS - 5 boundary. The setback area may be occupied by landscaping, fencing, and pedestrian walkways and like features as determined by the Planning Commission. No new facilities for parking, active recreation or noise generating equipment may occupy the creek setback area. 2. Building openings (doors, windows, balconies, etc.) facing the creek shall be minimized. 3. Screening shall be provided between the buildings and the creek which may include fencing, decorative walls and landscaped berms, but shall at a minimum include restoration and enhancement of the creekside vegetation. 4. Lighting between the buildings and the creek shall be limited in intensity and scale necessary for security and identification and shall be designed to not shine offsite. 5. The expansion or redevelopment of properties shall make maximum use of common driveways. 6. Irrevocable offers of dedication of a pedestrian access easement shall be required to be recorded as a condition of every new use established or expansion of existing use. The city should not accept such offers of dedication until the Open Space Element is updated and a plan has been approved which calls for public access in this area. Ordinance NO. (1988 Series) CR 1405 Page 3 7. All new uses must be found by the Planning Commission to be compatible with the riparian habitat and adjacent residential uses, considering such variables as light and glare, privacy, noise and traffic. In all cases, uses shall be adequately buffered from the creek and adjacent residences in a manner which mitigates potential offsite impacts. 8. Noise generating uses such as parking and active outdoor recreation uses should be located on the interior of the site, using buildings as a buffer. 9. All drainage to the creek shall be directed in a.manner which does not erode the creekbank, harm the creekside vegetation or degrade the quality of the creek and its riparian habitat. This may include the use of debris and rubbish screens, oil and grease traps and erosion control/energy dissipaters subject to the approval of the City Engineer and State Department of Fish and Game. 10. Building height shall be restricted as follows: Within 50 feet of the revised C/OS-5 boundary, maximum height shall be 25 feet. Beyond 50 feet from the revised C/OS-5 boundary, maximum height shall be 45 feet. - 11. Grading within the creek setback area shall be limited to that necessary to stabilize the creekbank and to accommodate landscaping, and shall be done in a manner which does not increase erosion of the creekbank or result in the removal of creekside vegetation. 12. As a condition of every new use established or expansion of existing use, that portion of a commercial lot which lies within the C/OS-5 zone shall be dedicated as a perpetual open space easement. 13. The height and setback standards established by this ordinance may be varied by the Planning Commission in special circumstances. SECTION 5. A summary of this ordinance, approved by the City Attorney, together With the ayes and noes, shall be published at least five (5) days prior to its final passage in the Telegram-Tribune, a newspaper published and circulated in said city, and the same shall go into effect at the expiration of thirty (30) days after its said final passage. A copy of the full text of this ordinance shall be on file in the office of the City Clerk on and after the date following introduction and passage to print and shall be available to any interested member of the public. Ordinance No. (1988 Series) CR 1405 Page 4 INTRODUCED by the Council of the City of San Luis Obispo, at its meeting held on the day of 1987, on motion of . seconded°by and on the following roll call vote: AYES: NOES: ABSENT: Mayor ATTEST: � City Clerk APPROVED: City A ministrative Officer City A03rney lzga f�N Community Development Director 13 FAM FrNarm, .u.u■ / ••• ® i::::::� � •uiuv iuov. /����•M t�� �i� a u.uu� � • ♦ F . :�ori � ■ � � / ® mo a a.�.ff•.gi. ` ® ....:: II.I fib■ Ro owl •ui uv r / '..\:.- _, f, 'Y'Nom.,..:'(•` . - ,� , a A tA IN Draft Design Criteria Adopted By The Planning Commission 1. All new structures approved after adoption of this ordinance'shall be setback a minimum 20 feet from the relocated C/OS - 5 boundary. The setback area may be occupied by landscaping, fencing, and pedestrian walkways and like features as determined by the Planning Commission. No new facilities for parking, active recreation or noise generating equipment may occupy the creek setback area. 2. Building openings (doors, "windows, balconies, elc.) facing the creek shall be minimized. 3. Screening shall be provided between the buildings and the creek which may include fencing, decorative walls and landscaped berms, but shall at a minimum include restoration and enhancement of the creekside vegetation. 4. Lighting between the buildings and the creek shall be limited in intensity and scale necessary for security and identification and shall be designed to not shine offsite. 5. The expansion or redevelopment of properties shall make maximum use of common driveways. 6. Irrevocable offers of dedication of a pedestrian access easement shall be required to be recorded as a condition of every new use established or expansion of existing use. The city should not accept such offers of dedication until the Open Space Element is ? updated and a plan has been approved which calls for public access in this area. 7. All new uses must be found by the Planning Commission to be compatible with the riparian habitat and adjacent residential uses,-considering such variables as light and glare, privacy, noise and traffic. In all cases, uses shall be adequately buffered from the creek and adjacent residences in a manner which mitigates potential offsite impacts. 8.. Noise generating uses such as parking and active outdoor recreation uses should be located on the interior of the site, using buildings as a buffer. 9. All drainage to the creek shall be directed in a manner which does not erode the creekbank, harm the creekside vegetation or degrade the quality of the creek and its riparian habitat. This may include the use of debris and rubbish screens, oil and grease traps and erosion control/energy dissipaters subject to the approval of the City Engineer and State Department of Fish and Game. 10. Building height shall be restricted as follows: Within 50 feet of the revised C/OS-5 boundary, maximum height shall be 25 feet. Beyond 50 feet from the revised C/OS-5 boundary, maximum height shall be 45 feet. 11. Grading within the creek setback area shall be limited to that necessary to stabilize the creekbank and to accommodate landscaping, and shall be done in a manner which does not increase erosion of the creekbank or result in.the removal of creekside vegetation. R 1405 f\- Draft Design Criteria (cont'd) 12 As a condition of every new use established or expansion of existing use, that portion of a commercial lot which lies within the C/OS-5 zone shall be dedicated as a perpetual open space easement. 13. The height and setback standards established by this ordinance may be varied by the Planning Commission in special circumstances. a -/lo I U THEOEVEI.OPNAENIT PLANNING ONE BUBSIA VISTA ROB STAONf3 ECONOMIC RESEARCH CAOA� a�54ME. PLANNING �,ECT' T M � s-OSW o®PAr MILL December 28. 39RR Mayor and City Council Members *Denotes action by Lead Person CITY OF SAN LUIS OBISPO Respond by. City Hall , 990 Palm Street 54ftur t San Luis Obispo, Ca . 93401 V-eAo ❑city Atty. Subject : " C-T-S design criteria, North Monterey Street : lie - ' wmml Attention: Mr. Mike Multari , Community Development DirectM Dear Mayor Dunin and City Council Members : 0 After representing a majority of the commercial property owners at the last planning commission hearing regarding the above item, I contacted the representatives of the San Luis Drive h_-meowners group to discuss further concerns. The intent, if possible was to find mutually acceptable proposals or minimize conflicts which . the City Council would have to resolve . I am pleased to report that we appear to have drafted a few refinements to the planning commission recommended conditions which are more acceptable to both groups . Essentially, we request minor but important refinements to items 1 , 2, 8. and 12, as more specifically outlined on the attached exhibit . In particular, the changes to # 1 and # 8 enable , consideration of parking in the setback area adjoining the C/OS-5 zone, provided it is adequately screened and buffered by physical barriers . Provision # 2 would allow windows along the creek but discourage doors or balconies which might intrude on residential properties . Provision # 12 would refer to # 6, discussed below. Most important to both the residents and commercial owners is the deletion of item 6 regarding the requirement for irrevocable offers of dedication for a pedestrian access easement as a condition of every new use or expansion of existing use . We feel this proposal to be unrelated and contrary to the objective of reducing residential and commercial interface problems . Further it opens possible issues of "taking" and adverse environmental impacts without sufficient study or justification. We suggest that the Council defer- this future trail concept until it can be specifically and separately considered, after pending revision of ' the general plan and reevaluation of alternatives as part of the park and rPcr-ation element update . I hope to present these compromise proposals to the Council on behalf of both the residential and commercial interests along the segment of San Luis Obispo Creek between North Monterey Street and San Luis Drive at the January 17th Council meeting . If you have questions prior to that hearing, please call me at 5439560 . �. Sincerely, R Ec E I V E C Rob Strong , A . I .C . 1' . JAN S 1989 cc : Resident;a ' .:tnd ;;nmgter-c i a l propel t y owners representatives CItrCLERK SAN LLVSOe6PO.CA �1 Proposed C-T-S Special Considerations : North Monterey Street 1) All new structures approved after adoption of this ordinance shall be set back a minimum 20 feet from the relocated C/OS-5 boundary. , The setback area may be occupied by landscaping, pedestrian walkways, fencing and like features determined by the Planning' Commission. No new facilities for active recreation or noise generating equipment may occupy the creek setback area. (Also see # 13. ) 2) Building openings (doors, balconies, etc. ) facing the creek shall be minimized to discourage outdoor access which would be in close proximity to residential . properties. Windows may be - oriented to enable visual enjoyment of the - creek as a backdrop but avoid intrusion on the residential properties . 3) No change from Planning Commission recommendation. 4) No change from Planning Commission recommendation. 5)• No change from Planning Commission recommendation. 6) PREFERRED: Request entire condition be deleted at this time . ALTERNATE: Offers of dedication of pedestrian access easement may be considered as a condition of any new use or expansion of existing use along this ,segment of creek, subject to acceptance or cancel.lation not later than January 1 , 1995 . Until the park and recreation and open space elements are amended and a plan has been adopted which provides for public access trails along this segment of creek, the City shall not accept such offers of dedication nor introduce public pedestrian access in this area. 7) No change from Planning Commission recommendation. 8) Noise generating uses which have the probability to become nuisances; such as amplified music, trash enclosures, active outdoor recreation and group activities, shall be located on the interior of the site using buildings or other physical barriers to buffer sound from the residential properties and creek area . 9) No change from Planning Commission recommendation. 10) No change from Planning Commission recommendation. 11) No change from Planning Commission recommendation. 12) As a condition of every new use established or expansion of existing use , that portion of a commercial lot which lies within the C/OS-5 zone shall be dedicated as a perpetual open space easement for drainage, landscaping and creek maintenance (not public pedestrian access) purposes . (Related to # 6 . ) 13) No change from Planning Commission recommendation. Prepared by Rob Strong. The Planning Mill . December 28, 1988. / C1ty of San IUiS OBISp0 Alit.'i INITIAL STUDY OF ENVIRONMENTAL IMPACT SITE LOCATION Area bounded by Monterey Street and San Luis Creek APPLICATION No. ER 53-88 Rezoning to add the "S`' designation and relocation of boundary between PROJECT DESCRIPTION ry C-T and C/OS-5 zoning along the creek to mitigate land use compatibility impacts from expansion of tourist commercial development. APPLICANT City of San Luis Obispo STAFF RECOMMENDATION: % NEGATIVE DECLARATION MITIGATION INCLUDED EXPANDED INITIAL STUDY REQUIRED ENVIRONMENTAL IMPACT REPORT REQUIRED PREPAREDBY nsuid Moran. Assd-saanE 83a&nei*-� DATE 10/26/88 COMMUNITY DEVELOPMENT DIRECTOR'S ACTION: DATE 10-26-88 Negative Declaration SUMMARY OF INITIAL STUDY FINDINGS L DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING II.POTENTIAL IMPACT REVIEW POSSIBLE ADVERSE EFFECTS A. COMMUNITY PLANS AND GOALS ...................................................... None.'' B. POPULATION DISTRIBUTION AND GROWTH............. _. None. C. LAND USE ....................... None.* D. TRANSPORTATION AND CIRCULATION .............. None. E PUBLICSERVICES ............... None. F. UTILITIES......,.................................................................. None. G. NOISE LEVELS ............. ................................................... None. H. GEOLOGIC 3 SEISMIC HAZARDS 3 TOPOGRAPHIC MODIFICATIONS ......................... None. I. AIR QUALITY AND WIND CONDITIONS............ None. J. SURFACE WATER FLOW AND QUALITY ................................... None. K PLANT LIFE...................... None. L ANIMAL LIFE......................_......_......_._..............._.............._.. None. j M. ARCHAEOLOGICALIHISTORICAL .................................................... None. I N. AESTHETIC ......................'....._....:.........:.............._. None. 0. ENERGYIRESOURCEUSE ............................................................. None. \ P. OTHER ................................................._........................... None. IIL STAFF RECOMMENDATION l Negative Declaration 'SEE ATTACHED REPORT �y Initial Study ER 53-88 Page 2 I. DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING Project Description In response to neighborhood concerns, the city has initiated the rezoning a 23 acre area bounded by Monterey Street, San Luis Creek and northerly of Grove Street (refer to attached map) from C-T, tourist commercial, to C-T-S, tourist commercial with special considerations, and to enlarge the C/OS-5 zoning designation along the northerly side of the creek. The "S" designation will require Planning Commission approval for all new projects and will include design criteria intended to mitigate potential near-term and cumulative land use compatibility impacts on the adjoining residential neighborhood resulting from the expansion and redevelopment of the tourist commercial land fronting Monterey Street. The relocated boundary between the C-T and C/OS-5 designations is intended to help preserve the riparian vegetation as well as afford maximum separation between future commercial development and the adjoining residences. Setting The area to be rezoned consists of approximately 23 acres. The majority of properties are improved with motels of various sizes; several of the lots arc underdeveloped or have significant redevelopment potential. Surrounding land uses include single family residential on the south side of the creek and tourist commercial uses on the north side of Monterey Street. The.area to be rezoned is traversed by San Luis Creek (zoned C/OS-5), one of the four major waterways running through the city. This section of the creek channel varies in depth from 15 - 20 feet and is 50 - 100 feet wide. The creekbanks are lined by a well-developed riparian environment with very few man-made channel improvements. The northern creek bank is approximately 25 - 30 feet higher in elevation than the southerly bank; the top of the creek bank is not as well defined along the northern side as on the southern side of the creek. Most of this stretch of the creek is contained entirely on the adjoining residential properties, however a short stretch of the creek in the 1800 block of Monterey Street is contained on the commercial properties. The southerly portion of the study area (the Quality Inn and Standard Motors properties) is currently zoned C-T-S. The "S" designation was applied to this property during the citywide rezoning when the property was under one ownership. The adopting ordinance does not explicitly specify the concerns to be addressed under the "special considerations" review. However, the site is adjacent to the creek and the adjoining single family residential neighborhood as well as office zoned land to the southwest. The site also contains a large nonconforming use (Standard Motors). This area is being included in the subject rezoning so that uniform design guidelines of the "S" designation can be applied to all C-T zoned properties bounded by Monterey Street and San Luis Creek. As mentioned above, the creek itself is zoned C/OS - 5, conservation open space with a five acre minimum parcel size which was also applied at the time of the citywide rezoning. / -02. 0 ER 53-88 Page 3 II. POTENTIAL IMPACT OVERVIEW A. Community plans anri t`.., i Land Use Element The Land Use Element says: Properties within the interface of existing and future tourist commercial uses with residential districts shall be designated "sensitive sites". Architectural review and site planning shall insure the compatibility between tourist commercial and residential uses where they directly abut. -- The city should encourage the expansion of tourist-oriented facilities by restructuring and intensification of existing tourist commercial areas. -- Residential neighborhoods should be separated from incompatible nonresidential land uses and buffered from major circulation facilities. Residential areas should be protected from encroachment by detrimental commercial activities and existing incompatible uses should be abated or mitigated. -- All residential development proposals should be designed to achieve full use �- of special site potentials such as natural terrain, views, vegetation, creek environs or other features. They should be compatible with present and potential adjacent land uses. The general plan says that existing tourist commercial lands should be expanded before new land is designated for this use. It also says that such expansion and development should be done in a manner which minimizes adverse impacts on residential neighborhoods. The adoption of site design criteria for this C-T area which helps mitigate the potential impacts on adjacent residential properties would further these general plandiscretionary review to focus on the special gconsiderationsdouttlinedtaboveVel of Evaluation: Not Significant. ,Parks and Recreation Element The Parks and Recreation element says: -- As part of the development review process or in separate city actions. the city will attempt to secure access rights needed to carry out the Urban Trail System. The city will continue to refine the urban trail plan and develop precise design standards that control the type of access to and use of specific sections of the trail system. -- The city will work on improving access to existing city recreation such as the creation of creek-side trails facilities and parks. to connect housing areas with schools u ER 53-88 Page 4 - These goals would be furthered by evaluating opportunities for the establishment of creek-side trails on a project-by-project basis as a 'special consideration' under the new zoning. Evaluation: Not Significant. C. L n e Compatibility Issues The relocation of the boundary between the C-T and C/OS-5 zoning and the adoption of design guidelines for this area are intended to mitigate the potential impacts on the adjacent residential neighborhood resulting from continued expansion and redevelopment of the tourist commercial properties fronting Monterey Street. In this context, the rezoning will not result in significant adverse environmental impacts. Instead the rezoning is expected to result in a net benefit with respect to potential land use compatibility impacts. Evaluation: Not Significant III. STAFF RECOMMENDATION Negative declaration. FIGURE 1 U.N. NICBHW^Y No. lot 7 7� - C,/OS-6 C/OS-5 C-405.5 Li FIGURE 2 FIGURE 3 A. w ST FIGURE 4- C;-T Qv IL O-T rO 0 0 0 c7T-t 01' J pp 0 4 /0 4 - 0 L 110 0 0 F;W I-As FIGURE 2 r m o m EXISTING C/OS-5 BOUNDARY PROPOSED C/OS-5 BOUNDARY (approx. ) 100 YEAR FLOOD PLAIN BOUNDARY G E / SCALE, 1" • 100' °nen f'K' 40 d MOTELCAN Gnum IV s O ,� ti A sw J y �ov RECOMMENDED MAXIMUM ALLOWED HEIGHTS PROPOSED C/OS-5 BOUNDARY (approx. ) 45' EXISTING EXISTING C/OS-5 BOUNDARY -- — TOP OF BANK 25' i 100 YEAR FLOOD PLAIN BOUNDARY PUBLIC WORKS FLOOD LINE SCALE 1"=50' SECTION A-A FIGURE 3 � e OvN X.s O ♦` er 9 v K Nir i eT Rs S ; °'aa �A SOMER3eT �Q n rwort nofE1 ♦/ O �4� C T e O e O t 41, \4� I/ O O • C ��� EXISTING C/OS-5 BOUNDARY —� PROPOSED C/OS-5 BOUNDARY (approx ) d • -- 100 YEAR FLOOD PLAIN BOUNDARY I4 SCALEt I" ■ 100' RECOMMENDED MAXIMUM ALLOWED HEIGHTS PROPOSED C/OS-5 BOUNDARY (approx. ) 45' SAN LUIS INN EXISTING C/OS-5 BOUNDARY TOP OF BANK 25' I 100 YEAR FLOOD PLAIN BOUNDARY+ PUBLIC WORKS FLOOD LINE zo' SCALE I"= 50' �-s� SECTION B-S � � S .1t r FIGURE 4 n � T / � C � ® h i hT IP � n C"el C� ° eO —h EXISTING C/OS 5 BOUNDARY PROPOSED C/OS-5 BOUNDARY (appro : ) — 100 YEAR FLOOD PLAIN BOUNDARY SCALE, I" = 100' s RECOMMENDED MAXIMUM PROPOSED C/OS-5 BOUNDARY (approx. ) ALLOWED HEIGHTS EXISTING C/OS`5 BOUNDARY 45' TOP OF BANK 25' 100 YEAR FLOOD PLAIN BOUNDARY PUBLIC WORKS FLOOD LINF ` so' 5o s SCALE: 1" = 50' '✓ OCTOBER 11 , 1988 We the undersigned member: of the SAN LUIS DRIVE NEIGHBORHOOD ASSOCIATION, do hereby support tthe attached guidelines for the "S" overlay on the Commercial-Tourist zone along .the creek:side cf Montcrey Street. "/ /u1.LI•�� �ic.6iG1/ � . 3- c. ,-teles. /973 .Sa+—. ,�uS !. ►rte ri � -2JL- 11C�y C� ia• �� � �,.�� �(�, � � a5 s.�. or. , Flo l`�• �ru.��� '— 2��b 5� c yrs i-►�e. 50-1- tf • r -�� � r ��/ �iJ-�1.G w__ G�•��i�-f t.�/✓1�.h. /���n�J�iJ-� '.l��Q��1 •.Cr./4 _f r TJ: The City Council FI;'UM: San Luis Drive Neighborhood is c.car- Ccunci 1 Members: i-s Frrpert';% owners in Lii G' _&f- l_1:7. Lir-iva WOUI u 1 i i:.c to be pl acsd can your agenda cis =Don i33 pc:;_ $.! bl e, -For tr-•f- purpose of es:pres=ing the fallowing cef,cer ;:sc 1 . Re-designate the Commercial -Tourist zoning along up- per Monterey Street to a Commercial-Tourist-Sensitive zone. ?. Mandatory notification via mail to all property own- ers abutting a C-T property when a. plans are submitted for development ( J% b. the ARC -reviews such pl <..ns c. plans are revised during the project _. Environmental impact studies MUST be done to deter- mine the CUMULATIVE effects of the last three devel - opment=_ (Apple Farm, Duality Suites u 1951 Monterey) a. to include traffic, services and the sensitive creek b. to set up guidelines so these three projects will adhere to stated needs c. to direct future developments along these same guidelines d. to include these guidelines in the General Flan We request that each of you visit our backyards to observe how these projects have intruded upon, and degraded our neighborhood's character. Respectfully submitted by: . � .li.,,.,L r'►+•t,� � 7k. GZr,Q,�,�,��,,, - /9a0 �. Ltii3 IJr, SGo � --�