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Home My WebLink About04/18/1989, C-3 - PD 1437, A REQUEST TO REZONE A 1.86 ACRE SITE FROM C-S-S TO C-S-PD FOR THE PURPOSE OF CONSTRUCTING 10410Ip111h1 city of San WIS OBISpo COUNCIL AGENDA REPORT MMZf 4�N1U8M FROM Michael Multari, Community Development Director; BY: David Moran, Assistant Planner SUBJECT:PD 1437, a request to rezone a 1.86 acre site from C-S-S to C-S-PD for the purpose of constructing a 27,330 square foot mixed-use center (commercial, office and residential) at the intersection of Broad Street (State Highway 227) and Orcutt Road: CAO RECOMMENDATION: Grant final passage to Ordinance No. 1142 to amend the zoning map to add the PD designation to a site at 3173 Broad Street and approve the preliminary development plan. INTRODUCTION On April 4, 1989, the council introduced to print Ordinance No. 1142 to rezone a 1.86 acre site from C-S-S to C-S-PD for the purpose of constructing a mixed use commercial center at the intersection of Broad Street and Orcutt Road. The applicant had requested the PD rezoning for the purpose of allowing dwellings in the C-S zone which are otherwise not allowed, and to allow a more expanded list of allowed uses for the project. The council deleted staff recommended conditions relating to the orientation of certain parking stalls and separate stairway access to the proposed dwellings. In addition, the council amended the recommended tenant occupancy list to require a planning commission use permit for restaurants and the retail sale of groceries and specialty foods. These changes are reflected in the Ordinance. . SIGNIFICANT IMPACTS The council has concurred with the director's finding of no significant environmental impact. Fiscal impacts are expected to be minimal. CONSEQUENCES OF NOT TAKING THE RECOMMENDED ACTION If the council does not grant final passage to Ordinance No. 1142, the applicant would still be eligible to apply for final architectural approval for the previously approved project (U1390). RECOMMENDATION Grant final passage to Ordinance No. 1142 to amend the zoning map to add the PD designation to a site at 3173 Broad Street and approve the preliminary development plan. Attached: Vicinity map (Figure 1) Ordinance No. 1142 J _ y CI LL ZCo O I j \ m cn I U C7 Q � � I CV Ci V U i C� � ORDINANCE NO. 1142 (1989 SERIES) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE OFFICIAL ZONE MAP OF THE CITY TO REZONE APPROXIMATELY 1.87 ACRES AT 3173 BROAD_ STREET FROM C-S-S TO C-S-PD WHEREAS, the Planning Commission and the City Council have held hearings to consider appropriate zoning on the subject property in accordance with Section 65800 et. seq. of the Government Code; and WHEREAS, the City Council finds that the proposed zoning is consistent with the general plan; and WHEREAS, the City Council finds that the proposed project provides exceptional public benefits by providing housing in a zoning district where it would not ordinarily be allowed and where it would not be feasible under conventional development standards. WHEREAS, the rezoning has been evaluated in accordance with the California Environmental Quality Act and the city's Environmental Impact Guidelines, and a negative declaration has been granted by the city; and WHEREAS, the proposed zoning promotes the public health, safety, and general welfare; and BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION I. That the area shown on the map attached hereto marked Exhibit "B" and included herein by reference, be reclassified from C-S-S to C-S-PD. SECTION 2. That the list of allowed uses for the site shall include those listed on Exhibit "A" and included herein by reference. SECTION 3. After review and consideration. the determination of the Communitv Development Director to approve a negative declaration is hereby upheld. SECTION 4. That approval of the Planned Development rezoning and preliminary development plan shall be subject to the following conditions: 1142 o Ordinance No.1142 (1989 Series) Page 2 1. The applicant shall provide a minimum 30' wide street-type entrance at the project's Broad Street/Orcutt Road intersection. 2. The northerly driveway shall be signed entrance-only. 3. The southerly driveway shall be signed right turn only and exit-only. 4. The applicant shall pay for the installation of traffic signal modifications to accommodate the project entrance at the Broad Street/Orcutt Road intersection. 5. Loop detectors shall be installed at the Broad Street/Orcutt Road exit for the project. The loop detectors shall be adjusted so that traffic on Broad. Street and Orcutt Road is only interrupted when a vehicle is waiting to exit the project, to the satisfaction of Caltrans and the City Engineer. 6. Occupancy of the project shall not occur until installation of all required traffic signal modifications and loop detectors as determined by the City Engineer for the Broad Street/Orcutt Road intersection. 7. The applicant shall dedicate a one-foot non-vehicular access strip along the project's entire Broad Street frontage exclusive of the driveway openings. 8. On-street parking shall be prohibited north of the project's Broad Street/Orcutt Road entrance to the approval of Caltrans and the City Engineer. 9. All mature trees removed from. the site shall be replaced with compensatory planting of 24" and 48" box specimen trees in accordance with the tree replacement plan (sheet 3b.) to the satisfaction of the City Arborist.. 10. The City Council determines that, in consideration of the specific development proposed and in conformance with the intent of the special considerations zone for this site that the list of allowed and conditionally allowed uses attached as exhibit A is approved for the site.. 11. The site shall be maintained in a neat and orderly manner. All plants shall be maintained and replaced as needed. 12. The lot lines shall be adjusted so that no buildings will be over property lines prior to building permit issuance. C- -3-04f Ordinance No. 114JI989 series) Page 3 13. To assure minimal noise conflicts between adjoining commercial and residential uses, deliveries, trash collection and parking lot sweeping and cleaning activities shall be limited to between the hours of 7:00 AM and 9:00 PM. 14. Flags, bunting strips, banners, balloons, sandwich board signs or other similar attention-getting devices shall be prohibited. 15. Oil/grease interceptors shall be installed to prevent pollution from entering the adjacent drainage ditch/creek; design and location shall be approved by the Community Development Director. 16. If the project is to be constructed in phases, all necessary intersection improvements, signalization and parking lot areas shall be installed with the first phase. 17. The applicant shall grant an access easement to contiguous properties to the north and south of the subject property to allow vehicular access through the easterly portion of the parking to the signalized intersection at Broad Street and Orcutt Road, to the approval of the Community Development Director. 18. The plans shall reflect six enclosed parking stalls for the exclusive use of the residential tenants. Automatic garage door openers shall be provided for each enclosed parking stall. 19. Separate, internal secure access shall be provided between the enclosed parking stalls and the residences to the approval of the Architectural Review Commission. 20. Storage shall be provided is the garages for each dwelling. 21. Additional usable outdoor space shall be provided at the rear of the project, to the approval of the Architectural Review Commission. 22. Additional noise insulation shall be provided in the floors of the dwellings and in the tenant spaces under the proposed dwellings, to the approval of the Community Development Department. Code Reauirements 1. Fire hydrants shall be placed on-site to the approval of the City Fire Department. Fire sprinklers are required for all buildings. 2. Drainage shall be conveyed to an approved point of disposal in a non-erosive manner. 3. Street trees shall be installed to city standards and to the satisfaction of the City Arborist. �l 1 O 1 142 � Ordinance No. (1989 series) Page 4 SECTION 5. A synopsis of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published once in full, at least three (3) days prior to its final, passage, in the Telegram-Tribunc, 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. On motion of Vice_Mayor Pinard seconded by CounciImember Re-iss and on the following roll call vote: AYES: Councilmembers Pinard , Reiss, Rappa and Mayor Dunin NOES: Councilmember Settle ABSENT: None the foregoing ordinance was passed and adopted this 4thday of April 198 9 . mayor Ron Dunin ATTEST: City Clcrk Pam oges APPROVED: City Administrative Officer City Attorn¢y l Community Development Director C � 3_ L Exhibit A J Uses Allowed By Right Advertising and related services Photocopy services Photofinishing -- retail Photofinishing — wholesale Contractor's Offices Retail sales -- auto parts and accessories Credit reporting and collection Laundry/dry cleaners Broadcast studios Building and landscape maintenance services Catering services Computer services Delivery and private postal services Detective services Exterminators Feed stores and farm supplies Laboratories Printing and publishing Utility companies Vending machines Warehousing Wholesales and mail order houses Uses Allowed With Administrative Use Permit Barbers, hairstylists Secretarial and related services Offices' -- engineers and industrial design Ticket, travel agencies Organizations Photographic studios Schools (trade or specialized) Telegram office All new uses adjacent to residences Uses Which Require Planning Commission Use Permit Restaurants, sandwich shops Repair services Retail sale of building and landscape materials Animal hospitals and grooming Bars and taverns. Retail sale of appliances Athletic and health clubs Hot tubs as a commercial use Public assembly facilities Retail sale of general merchandise Retail sales' -- appliances, furniture Retail sales -- groceries, liquor and specialized foods* ' Subject to the following square footage restrictions: USE Maximum Allowed Occupancy (Square Feet) Restaurants 2,200 Retail sale of groceries, specialized foods (includes neighborhood market) 7,200 Office/Services/Retail sales of general merchandise 10,800 Retail sale of: furniture, lumber and building �� materials, auto parts 2,845 J TOTAL 23,045 ///•^/ V r�r i azo - O � � y U Co C!] C\2 i z