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
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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
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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
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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
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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.
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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.
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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 � --�