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HomeMy WebLinkAbout1015a ORDINANCE NO. 1015 (1984 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO APPROVING A PRELIMINARY DEVELOPMENT PLAN FOR SAN LUIS OBISPO MALL AND HOTEL AT 353 MADONNA ROAD (PD 1165) WHEREAS, the Planning Commission and City Council have held hearings to consider appropriate zoning for subject property in accordance with Section 65800 et. seq. of the Government Code; and WHEREAS, the rezoning has been evaluated in accordance with the California Environmental Quality'Act and the City's Environmental Impact Procedures and Guidelines, a final environmental impact report has been certified, and a supplement has been considered; and WHEREAS, the proposed zoning promotes the public health, safety and general welfare; BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: Section 1. The Council makes the following findings: 1. That the development plan is consistent with the general plan. 2. That the status of environmental impacts is as follows: A. Impacts on animal life will not be significant. B. Impacts of these types may be reduced to acceptable levels through revisions to the project as originally proposed or by conditions of project approval enumerated below: land -use trends; public services; utilities; noise levels; geologic and seismic hazards or topographic modifications; surface water flow (drainage and flooding) and water quality; air quality; population distribution and growth; community plans and goals; archaeological resources; energy use. C. Impacts of these types are significant and unavoidable. No feasible mitigation measures are available to reduce the impacts to insignificant levels. Overriding concerns -- implementation of general -plan policies for retail expansion -- will outweigh the risks of environmental damage: traffic circulation; agricultural land conversion (plant life); aesthetics. 0 1015 Ordinance No. 1015 (1984 Series) Page 2 3. That the planned development satisfies criteria a, d, and a of zoning regulations Section 9204.4.D.1. Section 2. The preliminary development plan is approved subject to the following conditions: Conditions: 1. Within six months of approval of the preliminary development plan, the applicant shall file a final development plan, as required by the Zoning Regulations, for consideration by the City Council. The final development plan shall show all proposed dedications and abandonments and all new utility lines. The precise configuration of streets and drives shown on the plan shall be based upon study and recoa endation by a traffic engineer, to the approval of the City Engineer. The final development plan shall include all items required for final architectural review and final architectural review shall have been conducted prior to Council consideration. The final development plan shall be effective only after approval by the City Council. 2. Grading and construction plans shall be accompanied by: a. A soils report prepared by a qualified engineer, including recommended measures to adequately prepare the site for paving, drainage, and support of building foundations. b. A hydraulic study prepared by a qualified engineer, supporting drainage structure design and demonstrating compliance with the city's Flood Damage Prevention Regulations. 3. Prior to issuance of construction permits for any structure which would cross lot lines on the project site, a lot combination map (minor subdivision) shall be submitted and approved. 4. Any applications for subdivisions which may be required as a result of proposed sale or lease of parts of the development shall indicate the relationship of proposed parcels to the total site, access and utility easements, and parking sufficient for the uses on individual parcels. At the time of filing any required map, the applicant shall provide a draft reciprocal easement agreement for review and approval by the Community Development Department and the City Attorney. 5. Prior to issuance of construction permits for any structure which would cross the property line between the project site and Madonna Road Plaza, an agreement among owners of both properties and the city concerning compliance with applicable codes, approved by the Chief Building Official and the City Attorney, shall be recorded. 6. If a portion of E1 Mercado (formerly Calle Joaquin) is abandoned, the applicant shall submit to the city for recordation easements: Ordinance No 1015 (1984 Series) Page 3 A. For the benefit of the Madonna Road Plaza property, allowing access over the San Luis Obispo Mall site (in a form which would accommodate emergency vehicles and semi- trailers) to the portion of Madonna Road Plaza adjacent to Highway 101; and B. For the benefit of the San Luis Obispo Mall property and the public, allowing access along the private drive formerly occupied by Calle Joaquin. C. Prior to issuance of construction permits, applicant shall submit evidence in a form satisfactory to the City Attorney that an agreement has been recorded to run with the land providing for maintenance of the drive formerly occupied by Calle Joaquin jointly by the owners of the San Luis Obispo Mall site and the Madonna Road Plaza site. 7. The final development plan shall conform with the preliminary site plan dated March 291 1984, and indicating the following: Use Major, broad -line, non - discount department store Tires, batteries, and automotive accessories facility associated with department store. Drugstore Retail shops (SUBTOTAL) Pads for not more than four freestanding buildings. Interior Mall space (SUBTOTAL) TOTAL Maximum Gross - Building Area 74,230 square feet 4,850 square feet 25,000 square feet 103,700 square feet 207,780 square feet 30,000 square feet 249,750 square feet 33,300 square feet 284,750 square feet Parking for about 1,400 cars, with convenient motorcycle and bicycle parking, as required by the Zoning Regulations. 8. The hotel shall include approximately 10,000 square feet of flexible, conference - meeting space. 9. The total project shall be compatible with the existing and proposed buildings at Madonna Road Plaza, through design, building orientation and location, and with provisions for pedestrian circulation, to the approval of the Architectural Review Commission and City Council. Ordinance No. 1015 (1984 Series) Page 4 10. The mall itself shall be vented so that natural air circulation may be used rather than mechanical ventilation. 11. The roof of the mall and hotel complex shall include skylights, appropriately glazed to prevent unwanted heat gain while allowing natural illumination. 12. Entries to the mall and to separate lease spaces shall be designed to allow controlled public access to the spaces and secure closure of the mall itself when the shops are not in operation. 13. Exterior entries to the mall and to the major tenant spaces shall be an "air- lock" or equivalent design to minimize unwanted exchange of indoor and outdoor air. 14. A. Prior to filing the final development plans, applicant shall provide an analysis by a qualified person evaluating the technical and economical feasibility of solar heating for water used by the hotel. In approving the final development plan, the city may require those solar applications which have a pay -back period of eight years or less. B. The roof structure of the hotel shall be designed to accommodate future installation of a wind - energy - conversion or photovoltaic system, to be certified by a qualified designer prior to issuance of building permits. 15. A landscape strip along the southwestern and southeastern site boundaries (including the Highway 101 frontage) averaging at least 20 feet wide shall be planted with dense, evergreen trees and shrubs, with intermixing of species to provide variety of color and form and seasonal change. 16. So far as possible, existing mature trees along Highway 101 shall be retained. The areas shall be planted and maintained to the satisfaction of the Community Development Director. 17. Surfaces of all planting areas shall be porous, with no plastic barrier. 18. The landscape strip along the Madonna Road frontage shall have a minimum width of 20 ft. along parking areas and 40 feet along buildings, measured from the property line after road widening. The landscape strip along the E1 Mercado alignment shall have a minimum width of 10 feet. Both strips shall be planted with a combination of groundcover, shrubs and trees which at maturity will be in scale with the buildings and which will provide a variety of colors and forms and which will be suitable for and provide protection in a windy setting. Box specimen trees shall be interspersed with sapling trees throughout the entire project. Landscaped berms and box specimen trees shall be used near and around the hotel entrance to minimize the apparent height of the building. 19. Trees shall be provided within parking rows, separated by not more than eight spaces, and at the ends of each row. Trees shall be planted in deep -root, curb- protected planters. The types of trees shall be approved by the Community Development Department (broad canopy trees are to be used in parking areas). Ordinance No. 1015 (1984 Series) Page 5 20. An on -site well shall provide all water for landscape irrigation via an appropriately designed system with no cross - connection to the city water system. The existing agricultural well may be used. 21. Site drainage shall be designed to the approval of the City Engineer: a. The proposed culvert extension shall be capable of carrying a 25 -year design -storm flow, as a minimum. b. Accumulated drainage, including the cross -site channel, shall be underground with concrete inverts and inlets at appropriate locations. C. A velocity - reduction structure may be required at the point where the culvert leaves the site. d. A grease and oil separator or separators shall be installed where collected parking -lot drainage enters the main culvert. They shall be located and designed to facilitate maintenance. 22. Parking lot lighting shall provide adequate illumination for safety and shall be designed to direct light downward to minimize sky glare and horizontal glare and in scale with the surrounding area. 23. Parking lot lighting circuits shall be designed to allow parking serving uses such as restaurants expected to be in operation longer than other uses to be lighted while other areas are not. 24. The submittal for final architectural approval shall include a signing plan indicating location, size, materials, copy, and lighting of all proposed signs. Unless specifically excepted by the Architectural Review Commission, signs shall be limited to identification of the shopping center, the department store, drugstore, and hotel, and freestanding building occupants. Signing shall be compatible throughout the project. 25. The area offered for dedication for future extension of Zozobra Lane shall be improved as a drive, except that the base shall be prepared for ultimate development as an arterial street to the approval of the City Engineer. 26. The drive indicated at the end of Zozobra Lane shall be designed so as not to interfere with drives to the Post Office and to provide a safe pedestrian crossing, to the approval of the City Engineer. 27. Applicant shall offer to dedicate and improve street right -of -way (a) to accommodate the widening of Madonna Road along the project frontage by a uniform 40 feet and (b) to accommodate the widening of E1 Mercado between Madonna Road and the drive intersecting from the southwest to a 74 -foot right -of -way (including a right -turn lane). 28. The applicant shall submit street improvement plans prepared by a civil engineer for approval by the City Engineer. Ordinance No. 1015 (1984 Series) Page 6 29. Applicant shall install a landscaped median barrier in Madonna Road to prevent left turns at the Madonna Road drive and to provide turn pockets for left turns from Madonna Road to Zozobra Lane and to E1 Mercado, to the satisfaction of the City Engineer. 30. A. Prior to issuance of construction permits, applicant shall submit a written agreement, to the approval of the City Engineer, agreeing to pay the city $22,750 toward the cost of installing traffic signals at Madonna Road and E1 Mercado and 100 percent of the estimated cost of modifications or additions to the signals which may be necessary to accommodate changed traffic patterns or street widening resulting from the project. B. Applicant shall offer to dedicate right -of -way to accommodate future freeway access from an extension of Zozobra Lane, to the satisfaction of the City Engineer. 31. Prior to issuance of construction permits, the city must have received dedication of Zozobra Lane from the fee owner and the city must have accepted for maintenance the existing street improvements. 32. Prior to issuance of construction permits for the mall connection to Sears the city must have abandoned that portion of E1 Mercado indicated in the final development plan, subject to acceptance of access and utility easements by the city and affected public utilities, and an agreement between city and applicant concerning relocation or special protection and valves for city water and sewer lines must have been executed and any required bond posted. 33. Applicant shall pay city the cost of a 2 -inch asphalt blanket on El Mercado as determined by the City Engineer or shall include this improvement in the applicant's paveout of E1 Mercado, at the option of the City Engineer. Applicant shall reconstruct E1 Mercado to the approval of the City Engineer and in conformance with the approved final development plan. 34. Applicant shall fully improve all street right -of -way dedicated to the city with base, paving, curb, gutter and sidewalks, to the approval of the City Engineer. 35. Applicant shall install traffic control signs and pavement and curb markings (including those features deemed necessary for pedestrian safety on and immediately adjacent to the site) to the approval of the City Engineer. 36. Applicant shall offer to dedicate at least 32 feet for street right -of -way and sign an agreement (to be recorded) to install street improvements upon notice by the City Engineer, for the future extension of Zozobra to the southeast, to the approval of the City Engineer. Ordinance No. 1015 (1984 Series) Page 7 37. Applicant shall offer to dedicate and improve additional right -of -way for widening of Zozobra Lane to a full right -of -way width of 64 feet along the frontage between Madonna Road and the drive into the project site. 38. Prior to issuance of construction permits, the city must have established a formal arrangement for participation by the applicant in paying for changes to the Madonna Road interchange at Highway 101. The applicant shall pay for at least 20 percent of the estimated cost, determined by the City Engineer. The timing and manner of payment shall be established by the terms of the formal agreement. 39. A. Applicant shall pay for undergrounding the existing electrical distribution pole line along El Mercado and shall be responsible for making all arrangements with utility companies for maintenance of service in that area. B. New on -site or off -site sewer main with manholes may be required by the City Engineer. 40. Downstream erosion control measures may be required by the City Engineer as a condition of grading approval. 41. Construction shall commence within 12 months of final development plan approval and continue in a timely fashion with the project (excluding the connection to Sears) completed in a single phase. 42. Grading and compaction shall be carried out in a single dry construction season, from May to October. If site - preparation work cannot be completed in one season, catch basins are to be installed to retain sediment on the site and exposed soils are to be mulched and /or hydroseeded to minimize soil erosion. 43. Earth - moving equipment and truck traffic are to use Madonna Road north of E1 Mercado and avoid residential parts of Madonna Road and Los Osos Valley Road. 44. Dust abatement procedures (including moistening exposed soils and moistening or covering loaded trucks leaving or entering the site) are to be employed throughout site preparation. Applicant shall specify in grading plans that the City Engineer may suspend work if dust generation on -site together with strong winds would create a nuisance or hazards on neighboring property, streets, or Highway 101. 45. Soil is to be removed from the treads of major equipment before such equipment uses city streets. 46. Grading and excavation plans shall include a note that work is to stop upon discovering any archaeological materials. Applicant shall provide contractors with descriptions to help them recognize such materials, upon the advise of a qualified archaeologist. If archaeological materials are discovered, work shall cease until a qualified archaeologist can assess the find and an appropriate Native American group can be notified. Any costs incurred as a result of this condition shall be funded by the applicant. Ordinance No. 1015 (1984 Series) Page 8 47. Prior to approval of the final development plan, applicant shall remove the billboard located on the site 48. Applicant shall safety prune existing trees which are to remain and remove stumps, fallen limbs, field -crop stakes, debris, and trash from the area near Highway 101. The areas shall be planted and maintained. 49. Interior lighting and parking -lot lighting shall be turned off when uses served by the parking are closed (allowing sufficient time for employees to have left), except that lighting for security will remain on. 50. Parking areas shall be cleaned according to a schedule established by the City Engineer with a vacuum sweeper to control litter and reduce water pollution, and the site shall be maintained in an orderly and attractive manner. 51. The developer shall provide the following transit incentives: A. A bus loading zone and sheltered passenger waiting area, west of the auto service (TBA) facility. Final design shall be subject to approval of the Public Works Department transit coordinator. The shelter shall provide protection from sun, wind, and rain, and shall be adequately lighted and identified. The bus loading area shall include standard city bus signs, seating, trash recepticles, and an enclosed display case. The shelter shall be maintained by the project owner (bus system information will be maintained by the city). B. Pavement section for the bus route shall be to the approval of the City Engineer. C. Stop signs to minimize delay for bus turning shall be provided at intersections of project drives with E1 Mercado and Zozobra Lane, to the approval of the City Engineer. D. A bus information board shall be located inside the enclosed mall, to the approval of the city transit coordinator. Bus system information will be maintained by the city and the display board shall be maintained by the project owner. E. Developer shall provide a regularly scheduled shuttle service with downtown stop for hotel guests. F. Project tenants shall provide (1) mini - shuttle service for one year to be financed by the developer. Shuttle service to be on a regularly - scheduled basis between the Madonna Road shopping area and the downtown; (2) bus systems information and passes for all employees; and (3) bus system information and tokens or similar reduced -fare incentives for shoppers, integrated with promotional material; all coordinated with the Public Works Department. Ordinance No. 1015 (1984 Series) Page 9 G. Applicant shall cooperate with the Public Works Department in an effort to provide expanded bus service, particularly during seasonal peaks, in conjunction with Madonna Road area and downtown merchants. 52. The developer shall provide the following to accommodate and encourage use of bicycles: A. Key - operated lockers shall be provided to accommodate at least 20 bicycles. The lockers shall count toward the required bicycle parking spaces. B. The project shall include at least two showers for male employees and two showers for female employees (accessible to all project employees), located conveniently with respect to a major tenant's employee locker area. C. Bicycle parking areas shall include racks for locking to the approval of Community Development Department staff. 53. No more than 231,750 square feet of retail floor shall be occupied prior to June 1, 1987. Any building or area intended for delayed occupancy shall be designed and maintained to present an attractive appearance, to the approval of the Community Development Director. 54. To provide greater security for hotel occupants, suites shall be provided with nonreproducible keys. 55. Final plans shall include a fire control room, readily accessible from the outside at the ground level and providing central fire monitoring and control equipment, to the approval of the City Fire Department. SECTION 3. A summary of this ordinance, approved by the City Attorney, together with the names of councilmembers voting for and against, shall be published once, at least three (3) 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. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a meeting thereof held on the 3rd day of July on motion of Councilman Griffin, seconded by Councilman Settle, and on the following roll call vote: Ordinance No. 1015 (1984 Series) Page 10 AYES: Councilmembers Griffin, NOES: Councilwoman Dovey ABSENT: None Settle, Dunin and Mayor Billig APPROVED: City Administrative Off'cer City Attor y COMMU nity Development Director ORDINANCE NO. 1015 FINALLY PASSED this 17th . (1984 Series) day of July , 1984, on motion of Councilman Griffin seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Griffin, Dunin and Mayor Billig NOES: None ABSENT: Councilmembers Dovey and Settle rig% ��%� f'��� c+o►�� 960& 7