HomeMy WebLinkAbout1135ORDINANCE NO. 1135 (1989 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO CERTIFYING
THE FINAL EIR, AMENDING THE ZONING MAP FROM C -C -H TO C- C -H -PD,
AND APPROVING THE PLANNED DEVELOPMENT PRELIMINARY PLAN (PD 1418)
FOR COURT STREET CENTER, 999 MONTEREY STREET
WHEREAS, the proposed rezoning and development plan have been evaluated in accordance
with the California Environmental Quality Act and the City's Environmental Impact
Guidelines, and an Environmental Impact Report prepared to address potentially
significant environmental effects and recommend appropriate mitigations, where feasible;
and
WHEREAS, the Planning Commission and the City Council have held hearings to consider
the final environmental impact report and requested planned development rezoning and
preliminary development plan for a 5- story, mixed -use commercial project known as Court
Street Center, in accordance with Section 65800 et. seq. of the Government Code; and on
February 21, 1989 voted to certify the Final EIR and to rezone the site to C- C- H- P D;and
WHEREAS, the proposed rezoning and development plan will promote public health,
safety, and .general welfare by providing onsite parking, public amenities and public open
space, utility, fire protection, and street improvements, and by enhancing retailing,
office, and recreational opportunities in the downtown; and
WHEREAS, the proposed amendment promotes the public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. That the Zoning Map shall shall be amended as shown on Exhibit "B"
attached hereto and made a part of this ordinance by reference.
SECTION 2. After City Council review and consideration, the council hereby certifies
that the Final Environmental Impact Report for the Court Street Center has been completed
in compliance with the California Environmental Quality Act and the city's Environmental
Guidelines.
1135
Ordinance 1135 (1989 Series)
Page 2
The project shall comply with recommended mitigation measures shown on Exhibit "C ", as
listed in Table 1.1 -1 of the EIR, with the exception of the recommended widening of Osos
Street and mandatory relocation of street trees, which were determined to be
inappropriate and unecessary to protect public health or safety or otherwise comply with
CEQA requirements.
SECTION 3. The proposed rezoning and preliminary plan, PD 1418 is approved subject
to the findings and conditions listed in Exhibit "D" attached hereto, and which are
included herein by reference.
SECTION 4. A summary of this ordinance, approved by the City Attorney, together with
the council votes for and against, shall be published at least five (5) days prior to its
final passage in the Telegram- Tribune, a newspaper published and circulated in this
city. This ordinance shall go into effect at the expiration of thirty (30) days after
its final passage. 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.
the
INTRODUCED by the Council of the City of San Luis Obispo, at its meeting held on
7th day of March , 1989, on motion of Councilmember
Reiss Vice —Mayor Pinard
seconded by ,and on
the following roll call vote:
Ordinance 1135 (1989 Series)
Page 3
AYES: Councilmember Reiss,
NOES: Councilmember Settle
ABSENT: Councilmember Rappa
ATTEST:
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City gIerk Pu b V og es
APPROVED:
City Ad)pinistrative Officer
v
Q�LCity Attorn
Community evelopment Director
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Vice -Mayor Pinard and Mayor Dunin
Mayor Ron Dunin
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PD 1418: Amend zoning map from C -C -H to
C- C -H -PD, 999 Monterey Street.
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WHIBIT C
TABLE 1.1 -1. SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES
IMPACT
PLANNING AND LAND USE (Section 3.1)
Adjacent residents would be
impacted by the project's bulk,
noise and incompatibility of uses.
There would be an intensification
of project site /floor area ratios,
retail sales, traffic, public
service demands and noise resulting
from the development of new and
expanded services businesses.
Earthmoving, hauling, demolition
and other construction activities
would result in temporary localized
impacts including construction dust
and mud in project area streets.
TRAFFIC, CIRCULATION AND PARKING_
(Section 3.2)
Removal of the existing parking lot
and construction of the proposed
project would increase net parking
demand by 222 spaces.
MITIGATION MEASURES
In addition to _measures incorporated
as part of the project design,
second floor vents should be directed
to the building roof, if architect-
urally viable, to minimize restaurant
noise and improve views from the east
side of Court Street.
Stores within the project should
remain open later than the evening
rush hour and employers should
encourage workers to use flex hours
in order to reduce P.M. peak hour
traffic.
Bike racks and bus stop amenities
should be incorporated into the
project plans, to encourage alternate
modes of transportation.
Minimize construction dust through
following the measures listed in
Table 3.1 -2 (as recommended by the
San Luis Obispo Air Pollution Control
District).
Mud should be removed from the tire
treads of earthmoving equipment
before allowing them to traverse
project area streets.
1 -4
Minimum 20 foot wide pedestrian and
delivery access to the businesses
fronting Court Street should be
maintained by fencing the
construction site.
The developer should provide a
remote off -site parking facility
linked to the project site by a
shuttle bus or located on an existing
(CONTINUED)
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TABLE 1.1 -1 (CONTINUED). SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES
IMPACT MITIGATION MEASURES
bus route. Reserve use of 118
project parking spaces for short term
public parking to replace the
existing 118 space lot, and require
project related employees to utilize
the off -site parking facility; or
The developer should increase the
size of the proposed parking facility
and decrease project office and
retail uses to obtain a balanced
project where proposed parking meets
project demand; or
The developer should provide an
off -site parking facility as
originally proposed; or
A transportation systems management
plan should be instituted for the
project to reduce parking demand.
This could include mandatory
carpooling, subsidies to office
employees for use of transit and the
provision of vans or jitneys for
employee commute vanpooling; or
1 -5
In lieu parking fees should be
increased to offset the actual cost
of providing parking in the downtown
area, or the developer should provide
a combination of in lieu parking
fees, on -site and off -site parking
which is sufficient to meet the unmet
parking demand.
In addition to the above measures,
the City could pursue development of
additional parking spaces in the
northeast portion of the core
downtown area.
(CONTINUED)
Please
see
Commer.
G.5
TABLE 1.1 -1 (CONTINUED). SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES
IMPACT
MITIGATION MEASURES
The existing Osos Street roadway The City should widen Osos Street by lease
does not contain adequate turning six feet to improve roadway geo- see
space for large vehicles. metrics at the intersections of Comment
Osos Street with Higuera and Monterey G.6
Streets. This widening would not
completely eliminate encroachment of
trucks into opposing lanes.
The proposed site design and In addition to standard City design
parking garage layout could cause reviews, the parking garage layout i
sight distance problems and garage should be evaluated by a parking
congestion. consultant to ensure adequate aisle
widths and geometries are provided
for the safe and efficient flow of
traffic.
The driveway aprons on Court Street lease .
should be of sufficient width to ee
allow delivery trucks to easily ommen <
access it. .3
The project would increase down - The developer should provide adequate
town traffic volumes. signage to clearly indicate when
parking is available and any
restrictions to types of users.
The developer should require all
service vehicles to arrive and depart
from the site during off peak
periods.
The developer should coordinate with
San Luis Obispo Transit during
project design and provide transit
stops /shelters as appropriate to
promote the use of transit.
The developer should promote the use
of public transit by displaying
transit related information in
offices and retail stores and the
health club.
(CONTINUED)
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TABLE 1.1 -1 (CONTINUED). SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES
IMPACT MITIGATION MEASURES
VISUAL AND AESTHETIC QUALITY
( Section 3-3)
Visual impacts of the project
present design constraints and
opportunities.
Buildings on the west side of
Court Street would have their
views blocked and sunlight
reduced-by the project structure.
HYDROLOGY (Section 3.4)
The 12 existing street trees should
be relocated to a City park or other
public location.
Passive and active solar space and
water heating systems should be
incorporated into the project design
policy.
The proposed structure's exterior
color and materials should be•.a
light, nonabsorbing hue with a
nonreflective finish to minimize
glare.
South and west facing facades and IPease
rooflines of the proposed building see
should be stepped back to increase Comment
Court Street sunlight. 11G.8 ane
C.30
The potential exists for soil Appropriate erosion control devices
erosion and sedimentation of the should be utilized to retain sediment
storm drainage system during the within the project area during the
construction period when soils are contruction period.
left unprotected.
Flooding hazards in the parking The underground structure should be Please
garage from large storms have floodproofed by elevating the see
the potential to impact life accesses one foot above the base Comment
and property. level of the one hundred year flood. C.33
All vehicles should be removed and
personnel evacuated from the facility
at the first sign of flooding of San-
Luis Obispo Creek.
Evacuation procedures and signs
should be clearly marked throughout
the underground facility.
(CONTINUED)
1 -7
TABLE 1.1 -1 (CONTINUED). SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES
IMPACT
The structural competency of the
undercity culvert has the potential
to be significantly impacted by
excavation and construction of
the .project.
Protection of San Luis - Obispo
Creek grater quality presents
design requirements.
GEOLOGY (Section 3.5)
High groundwater and typical seismic
conditions of the site present
potential design constraints and
requirements.
MITIGATION MEASURES
The culvert wall at the underground
site should be inspected periodically
by a qualified structural engineer
for cracks, leaks, or other weak-
nesses.
A licensed structural engineer should
conduct a comprehensive geotechnical
study further identifying and
evaluating both construction related
and long term impacts to the.-culvert
structure.
The developer should repair, rein-
force or reconstruct the culvert as
necessary to protect culvert capacity
and long term utility.
All storm drain inlets should be
periodically cleaned and maintained
to ensure proper functioning.
Flapgates or valves should be
installed in the project's storm
drainage system to prevent San Luis
Creek waters from backing up in the
garage during high creek flows.
Temporary and permanent control of
groundwater during and following
construction should be provided.
Where the basement extends below
water level, subdrains and
waterproofing should be provided to
reduce hydrostatic uplift forces.
A blanket drain at the bottom of the
excavation should be considered to
provide temporary dewatering below
the floor slab during construction.
1 -8
(CONTINUED)
Pleas
see
Comme
C.32
TABLE 1.1 -1 (CONTINUED). SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES
IMPACT MITIGATION MEASURES
PUBLIC SERVICES (Section 3.7)
The proposed structure would
incrementally increase demand for
police protection services.
The proposed project would
incrementally increase the
demand for fire protection
services.
Additional specific engineering
recommendations as required by the
UBC, Seismic and Safety Element of
the City's General Plan and as
proposed by the geotechnical
engineers should be incorporated
into the final designs of the
proposed development.
Crime prevention measures and
standards such as adequate locks,
lighting, and access control and two
pay phones with 911 capability per
level in the parking garage should be
installed.
The parking garage access should be
properly designed and controlled to
assure proper traffic flow to and
from the streets.
A parking garage attendent or ticket
validation system is recommended to
avoid unauthorized parking.
Project construction should conform Please
to the °high rise package" code see
requirements as outlined on page Comment
3.7 -5. 1J.1
In addition to standard fire code
requirements, emergency response
traffic congestion controllers should
be installed at the following project
area intersections: Marsh and
Chorro, Marsh and Morro, Marsh and
Broad, Monterey and Morro, Marsh and
Osos, Osos and Higuera, Chorro and
Palm, and Chorro and Monterey.
Emergency communication should be
improved by two mobile telephones
being provided by the developer to
the Fire Department.
(CONTINUED)
1 1 -9
TABLE 1.1 -1 (CONTINUED). SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES
IMPACT
The proposed project is expected
to require 35.6 AFY or 27.4
percent of the City's potential
water supply.
NOISE (Section 3.8)
Construction noise will signif-
icantly impact both residential
and commercial users in the project
vicinity.
Cumulative year 2008 traffic noise
would potentially increase area
noise up to two dBA in the project
area. This is not considered to be
a project related impact.
MITIGATION MEASURES
In addition to the developer meeting
the City's standard water and
wastewater service requirements and
Water Allocation Regulations, an
overall water conservation program
should be developed.
To mitigate construction noise,
impacts portable shrouds or temporary
fencing around the equipment should
be considered.
Construction activities at the
project site should be restricted to
the weekday hours of 7:00 A.M. to
7:00 P.M. to minimize disturbance to
local residents.
The public should be informed of
proposed construction timelines and
noise complaint procedures to
minimize potential annoyance related
to construction noise. This is
especially important for Anderson
Hotel occupants and business owners
located within a few hundred feet of
construction activity. Noise related
complaints should be directed to the
City Community Development
Department.
Noise impacts at the Anderson
Hotel, from projected cumulative
traffic volumes, would be avoidable
provided retrofit measures affecting
the hotel were used on windows along
the Monterey Street side of the
hotel. This is not considered to be
a project related mitigation.
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(CONTINUED)
Pleas,
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Comm
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TABLE 1.1 -1 (CONTINUED). SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES
IMPACT
The loading and enclosed trash areas
which are planned to be built near the
existing hotel have the potential to
impact adjacent residents.
Building equipment and operational
project noise would disturb the
Anderson Hotel residents.
MITIGATION MEASURES
To reduce noise impacts created by
trucks at the loading area, it is
recommended that the overhead sur-
face of that area be lined with
acoustical absorptive treatment, with
a performance rating of at least NRC
(Noise Reduction Coefficient) 0.7.
Suitable materials would include Type
703 unfaced board; one inch or
thicker, by Owens Corning Fiberglass
Corporation.
The hours of loading dock operation
and truck deliveries should be
limited to the hours of 8:00 A.M. to
10:00 P.M.
Consideration should be given to
routing of truck traffic so as to
minimize the extent of passbys along
the Anderson Hotel, by entering and
exiting via Higuera Street.
To minimize the transmission of
music and other sounds created at
game or aerobics sessions, it is
recommended that windows at the
exercise areas be of the fixed type.
If these are operable, however., they
should be maintained in a closed
condition during aerobics periods.
The windows should have a sound
insulation rating of at least Sound
Transmission Class (STC) 25, and
should have effective weather seals
around the perimeter.
To reduce noise transmitted from the
kitchen to the exterior, any kitchen
vents opening to the west side of the
project building should be lined with
one inch ductliner or acoustical
equivalent or should be routed to the
roof.
1 -11
(CONTINUED)
Please
see
Comment
G.10
TABLE 1.1 -1 (CONTINUED). SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES
IMPACT
CULTURAL RESOURCES (Section 3.9)
Archaeological and historical
resources are likely to be
present.
MITIGATION MEASURES
Rooftop equipment should be shielded
to muffle ventilation and air
conditioning equipment related noise.
In addition to standard City review
processes, an evaluation by the
City's Cultural Heritage Commission,
focusing on the project's compati-
bility with vicinity historic
structures and its archaeological
testing program, should occur and its
recommendations should be adhered to.
An archaeological subsurface testing
program should be performed by a
qualified archaeologist to determine
the contents, the integrity (if it is
disturbed), and overall significance
of any archaeological deposits.
The developer and the contractor
should clearly establish, in advance
of demolition and site preparation,
how to accommodate potential delays
to the proposed construction
schedules and a prolonged reduction
in downtown parking should signifi-
cant cultural resources be found.
Appropriate clauses to respond to
such delays should then be inserted
into contracts.
1 -12
6
FINDINGS AND CONDITIONS FOR APPROVAL OF
PLANNED DEVELOPMENT REZONING PD 1418, COMMONLY KNOWN AS
COURT STREET CENTER, 999 MONTEREY STREET
Findings
The proposed uses will not adversely affect the health, safety, and welfare of
persons residing or working on the site or in the vicinity.
2. The uses are appropriate at the proposed location and will be compatible with
surrounding land uses.
3. The proposed project conforms to the General Plan and Goals For Downtown.
4. The Court Street Center Final EIR adequately addresses the projects potential
environmental impacts, and complies with the city's Environmental Guidelines and the
California Environmental Quality Act as amended.
5. Significant environment impacts resulting from the project will be mitigated to
acceptable levels through the inclusion of mitigation measures listed in Table 1.1 -1.
of the Court Street EIR, and incorporated into the recommended conditions of
approval; or that potential impacts in connection with parking, construction and
traffic noise, view and sunlight blockage, undercity culvert stability, and fire
protection are either unavoidable, or substantially mitigated and are acceptable due
to the following overriding considerations:
A. Public benefits provided by the proposed project, including on -site public
parking, significant public open space, child care facilities, direct and
indirect economic benefits to downtown, and street and utility improvements
outweigh the unavoidable adverse environmental effects.
B. Providing the total number of required parking spaces on -site would make the
project infeasible, and would be inconsistent with Zoning Regulations and city
policies regarding parking requirements in the C -C zone.
C. The unavoidable adverse impact of construction noise is temporary in nature and
can be substantially mitigated by implementation of a construction management
plan including which regulates hours of construction, noise reduction measures,
and a complaint resolution process.
D. Traffic noise impacts are the result of citywide and regional traffic increases,
and are not substantially project related.
E. Structural condition of the undercity culvert will be evaluated by a qualified
professional, and appropriate measures included in the project design to protect
the culvert.
r-
Findings and Conditions, PD 1418
Page 2
6. The planned development meets the following criterion, as required by Section
17.62.040 of the Zoning Regulations:
A. The proposed project provides exceptional public benefits such as parking,
open space, landscaping, public art, and other special amenities which would
not be feasible under conventional development standards.
Conditions
Plans, Studies, Agreements
1. Within six months of preliminary development plan approval, the applicant shall
file a final development plan as required by the Zoning Regulations, and
incorporate site development and architectural plans, landscaping improvements,
development phasing plans, partial Court Street abandonment and improvement plans,
and public street and utility improvement plans.
2. Prior to building permit issuance, the applicant shall apply for partial street
abandonment of Court Street, and the City Council shall have adopted a final
resolution of abandonment as shown in the final PD development plan.
3. Applicant shall enter into a long -term ground lease with the City specifying the
terms and conditions of the planned development, proposed land uses, building
management procedures, retail marketing plan, lease payment and /or equity
participation provisions, use of public spaces or amenities, and such other
components as reasonably necessary to identify the rights and responsibilities of
the parties in the lease, to the approval of the City Administrative Officer.
4. Prior to construction permit issuance, applicant shall provide the City with a
financial statement including pro forma, names and addresses of financial
participants, and tenant lease commitments, to the approval of the City
Administrative Officer.
Design Features
5. Court Street shall be designed as a pedestrian mall with emergency and service
vehicle access, and shall include decorative paving, landscape planting,
decorative lighting and signage, public art, and similar architectural features to
enhance its appearance and function, to the approval of the Architectural Review
Commission, City Engineer, and Fire Marshal.
6. Public amenities shall be provided in conformance with the final PD plan,
including but not limited to interior atrium, public art, child care facility,
public balconies, art gallery, and public parking facilities, to the approval of
the Community Development Director.
7. A combination of building setbacks, balconies, wall openings, and similar
architectural features shall be used to provide a stepped building profile, in
conformance with the final PD plan and to the approval of the Architectural Review
Commission.
Findings and Conditions, PD 1418
Page 3
8. Applicant shall relocate existing trees and memorial placques to another suitable
site in the city. Where relocation is determined to be horticulturally infeasible
by the City Arborist, the developer shall plant two 36" box sized replacement
trees offsite for each tree removed. Tree type and placement shall be to the
approval of the Tree Committee.
Lap pool shall be solar heated, and passive or active solar space and water
heating shall be used, and natural ventillation shall be used to the maximum
extent feasible; or the applicant shall demonstrate why such heating is
infeasible, to the approval of the Community Development Director.
10. Building design shall architecturally incorporate traffic signal controllers at
the Monterey and Osos Street, and Higuera and Osos street intersections.
11. Mid -block bulbouts shall be installed on both sides of Monterey Street at Court
Street, consistent with the city's Downtown Improvement Manual and to the approval
of the City Engineer. If offsite parking is provided, applicant shall also
provide a mid -block bulbout on both sides of Higuera Street at Court Street, to
the approval of the City Engineer.
12. Project shall require Architectural Review Commission approval. At such review,
the commission should pay special attention to signing, building setbacks and
massing, colors and materials, Court Street pedestrian mall design, lighting,
underground garage security measures, and noise and privacy separation between the
project and the adjacent residential use.
13. Project shall include a public art gallery or other public use or non - profit
cultural facility with a net floor area of not less than 1,200 square feet.
Applicant or a non - profit arts organization shall be responsible for gallery
operation and maintenance, to the approval of the Community Development Director.
14. Mission -style sidewalks, curbs, gutters shall be provided on Higuera, Monterey,
and Osos Street frontages.
Parking and Circulation
15. The project shall provide parking in conformance with city standards. As
proposed, 244 vehicle parking spaces are required for the planned uses, plus an
additional 118 vehicle parking spaces to replace the existing public parking lot,
for a total parking requirement of 362 vehicle parking spaces, plus 18 motorcycle
and 18 bicycle parking spaces. Parking requirements may be met as follows:
A. Applicant providing not less than 118 public vehicle parking spaces plus
bicycle and motorcycle parking on -site, with the balance of the parking
requirement met through payment of in -lieu parking fees in one lump sum
payment to the City; or
B. Applicant providing not less than 118 public vehicle parking spaces plus the
required number of bicycle and motorcycle parking spaces off -site, with the
balance of the. parking requirement met through payment of in -lieu parking
fees in one lump sum payment to the City; or
Findings and Conditions, PD 1418
Page 4
C. Applicant to provide not less than 118 public vehicle parking spaces and
required number of bicycle and motorcycle spaces on- or off -site as provided
above, with the balance of the parking requirement met through development
of additional downtown parking or enhancement of public transit facilities
or programs, in an amount equal to the in -lieu fees otherwise required; or
D. Lease or purchase of the total required parking spaces in a commonly held
and maintained off -site parking public or private parking lot to serve the
project; or
E. A combination of the above measures or other measures acceptable to the City
Council which meet the intent of the city's downtown parking regulations
(SLOMC 17.42.020), and provides replacement parking for the existing
118 -space surface parking lot.
16. Applicant install or repair frontage improvements along the west side of Osos
Street, including sidewalks, curbs, and pavement, to the approval of the City
Engineer.
17. Applicant shall install fifteen -foot radius curb returns at the westerly corner of
Higuera and Osos Streets, and at the southerly corner of Higuera and Osos Streets,
to the approval of the City Engineer.
18. Court Street shall be designed as a one -way street with a minimum width of 25
feet, and shall be at least 30 feet wide for at least 80 feet of its length. It
shall be designed to accommodate trash pick -up and emergency vehicles, with
traffic control devices to limit its use to authorized vehicles, to the approval
of the City Engineer and Fire Marshal.
19. Applicant shall repair streets and other right -of -way improvements damaged during
construction, including pavement, curb, gutter, sidewalk, signs, traffic signal
controllers, street lights, street trees, and utilities, to the approval of the
City Engineer.
20. Enclosed bicycle parking shall be available free of charge to employees. Such
parking for a minimum of 15 bicycles shall be located on -site to the approval
of the Community Development Director.
21. Showers and clothing lockers shall be available free of charge to all employees
who bicycle to work on a regular basis (at least three days per week). Employees
shall be notified of the availability of showers and clothing lockers at least
semi - annually, and the applicant shall be responsible for providing and
maintaining at least four shower stalls and thirty clothing lockers on site.
Findings and Conditions, PD 1418
Page 5
22. Applicant shall institute a transportation systems management plan to reduce
parking demand, to the approval of the Community Development Director. The plan
shall include no less than two of the following measures: subsidies to employees
using public transit, provision of vehicles or subsidizing employee carpools of
two or more persons, hour or pay incentives for employees using alternative
transportation, and employee information programs on alternative transportation
programs. Evidence of compliance with the plan shall be submitted to the Director
annually, and the plan shall include a provision for fines for non - compliance.
23. Applicant shall provide a permanent transportation bulletin board, coupled with a
literature display in at least five prominent locations describing alternative
transportation available, to the approval of the Transit Manager.
24. Applicant shall coordinate with Transit Manager during project design and
construction to provide a transit shelter on or near the site.
25. In addition to standard City design reviews, the parking garage layout shall be
evaluated by a parking consultant to ensure adequate aisle and space widths and
geometrics are provided for the safe and efficient flow of traffic, and the
results of the evaluation submitted to the City prior to building permit issuance.
Utilities
26. Applicant shall install the following water main improvements, to the approval of
the Utilities Engineer:
a. Replace 4" water main in Higuera Street with a 10" main between Osos and
Court Streets.
b. Replace 6" water main in Monterey Street with a 10" main between Osos and
Morro Streets.
Note: City plans to install an 8" replacement water main in Court Street as part of the
Capital Replacement Program, and applicant shall coordinate construction with City work.
27. Applicant shall install two new fire hydrants, and replace three undersized
hydrants to serve the project and to ensure adequate fire flow is available, to
the approval of the Utilities Engineer and the Fire Marshal.
28. Applicant shall contribute toward cost of upgrading sewage treatment facilities on
a pro rata basis in an amount not to exceed $7000.00, as determined by the
Utilities Engineer.
29. Applicant shall submit a water conservation pla.- describing construction,
operation, and maintenance measures to be followed to achieve at least a 15%
reduction in water consumption annually compared with average water demand factors
for similar uses in the city. Plan shall also include provisions for fines, water
fee surcharges, or comparable measures for non - compliance, to the approval of the
Community Development Director.
Findings and Conditions, PD 1418
Page 6
Public Safety
30. Applicant shall maintain a 20 -foot wide fire lane in Court Street, to the approval
of the Fire Marshal and City Engineer.
31. In addition to standard UBC and UFC requirements, the building shall be
constructed using the "high rise package" as set forth in the Uniform Building
Code. Chapter 18, Section 1807. This shall include a specialized alarm system with
a graphic annunciator panel (zone indicating), video monitors at stairwells and
main assembly areas on each floor, and a computer - generated, voice - assisted
evacuation system.
32. The fire department connection for Anderson Hotel on Court Street shall be
relocated and /or connected to the service on the Monterey Street frontage, to the
approval of the Fire Marshal.
33. Traffic control systems such as the "Opticom" priority control system or equal,
shall be installed at six downtown intersections to improve emergency response, to
the approval of the Fire Marshal.
34. Two additional mobile telephone units such as "Smartnet" units or equal shall be
provided, to the approval of the Fire Marshal.
35. All building stairwells shall be designed to provide roof access, thereby allowing
multiple access points for Fire Department aerial ladders, to the approval of the
Fire Marshal.
36. A security plan shall be submitted, to the approval of the Police Department. The
plan shall include design, operation, and education measures to enhance building
security and crime prevention, such as parking garage /Court Street access and
monitoring, locks and alarm systems, security lighting and signage, and the
installation of at least two pay phones with 911 emergency response capability in
the parking garage.
37. Applicant shall submit a noise attenuation evaluation, prepared by a qualified
professional, prior to building permit issuance. It shall include design
recommendations to insure that the project conforms to noise standards as
established in Chapter 9.12 of the Municipal Code.
38. Appropriate noise attenuation measures shall be incorporated into the project to
minimize noise transmission adjacent or into Court Street, to the approval of the
Chief Building Official. All rooftop or wall- mounted mechanical equipment shall
be muffled.
39. Live music or entertainment shall require prior approval by the Police Department
and Community Development Director. Failure to comply with the City's noise
standards or security plan provisions may constitute grounds for revocation of the
approval.
Findings and Conditions, PD 1418
Page 7
Water Ouality and Flood Protection
40. Site drainage shall be designed to the approval of the City Engineer, including:
a. Erosion control devices shall be installed to retain sediment and reduce
runoff from the site during construction.
b. A system of pumps and grease and oil separator or separators shall be
installed in the basement parking garage to prevent discharge of flammable
or toxic materials into the the creek, to the approval of the City Engineer
and Fire Marshal. Applicant shall clean and maintain the separators on a
regular basis (not less than once every six months or more often as
necessary) to insure their effectiveness.
C. Flapgates or valves shall be installed in the storm drains to prevent creek
water from backing up into the parking garage during high creek flows.
d. The structure must be designed so as not to adversely affect the undercity
creek culvert, to the approval of the City Engineer. The culvert wall and
deck adjacent to the site shall be inspected before, during, and after
construction periodically to evaluate their condition, and to recommend
appropriate protection measures. The results of such inspections submitted
to the City Engineer.
e. Applicant shall be responsible to repair any damage to the culvert as a
result of grading or construction, to the approval of the City Engineer.
41. The structure is located in Flood Zone A -O (depth = 2 feet). It must be raised or
floodproofed to one foot above the 100 -year storm elevation, including utilities
and other facilities as required by the Flood Hazard Prevention Ordinance, to the
satisfaction of the City Engineer.
42. Prior to building permit issuance, a registered civil engineer shall certify that
the project complies with flood regulations, and supply calculations indicating
the effects of this project on adjacent properties during a 100 -yr. storm.
43. Engineering soils and geology reports shall be submitted prior to building permit
issuance, to the approval of the Chief Building Official. All requirements of the
soils engineer and /or engineering geologist shall be met, and are incorporated
herein by reference.
Site Preparation and Construction
44. Grading and construction plans shall be accompanied by a parking and construction
management plan describing measures to be followed to minimize temporary parking,
noise, dust, and traffic impacts during construction. The plan shall also include
a developer - managed complaint resolution process to monitor compliance with the
plan and to act on citizen inquiries or complaints.
Findings and Conditions, PD 1418
Page 8
45. Construction vehicle traffic shall use only city- approved truck routes, and no
construction equipment shall operate on the Higuera, Osos, or Court Street bridges
(creek culvert) without specific approval by the City Engineer.
46. Dust abatement procedures, including moistening exposed soils and moistening or
covering loading trucks entering or leaving the site are to be used during site
preparation and construction. Applicant shall specify in grading plans that City
Engineer may suspend work if dust generation, tire tread dirt or mud on streets,
site runoff, construction worker parking, or noise create a nuisance or hazards to
neighboring persons, properties, streets, or businesses.
47. A construction traffic impact fee will be required prior to building permit
issuance, to reimburse City for damage to streets by project- related construction
traffic, as determined by the Public Works Director.
48. Grading plans shall include a note that a qualified archeologist is to be on site
at all times during site excavation and grading. Work shall stop upon discovering
any cultural resources to allow the archeologist to assess the find and recommend
appropriate measures.
49. Construction shall commence within 12 months of final development plan approval,
and continue in a timely fashion with the project completed in a single phase.
Applicant shall post a bond to guarantee faithful performance of contract
documents, to the approval of the Community Development Director.
Miscellaneous
50. Applicant shall submit a plan outlining procedures for maintaining Court Street,
public interior spaces, and the parking garage in a clean; safe, and orderly
manner, to the approval of the Public Works Director; and shall agree to reimburse
extraordinary city maintenance costs resulting from non - compliance with the plan.
51. A subsurface testing program shall be performed by a qualified archaeologist prior
to construction to determine the contents, condition, and significance of cultural
resources at the site. Applicant shall prepare a contingency plan to preserve
significant cultural resources and accommodate potential construction delays
resulting from their assessment and removal.
52. Applicant shall install an historical marker on or adjacent to the building and
visible from a public street, documenting the site's historical and cultural
significance, to the approval of the Cultural Heritage Committee.
53. Lockable traffic control devices shall be installed at both ends of Court Street,
with designated Loading Zones on Higuera and Monterey Streets; and the applicant
shall be responsible for managing delivery and loading access. Court Street and
the building shall be designed to allow 24 -hour emergency access by police and
fire personnel and vehicles.
54. Precise development plan shall be submitted for Planning Commission and City
Council review and approval prior to building permit issuance.
Findings and Conditions, PD 1418
Page 9
55. Public access to upper story open areas (eg. view decks and balconies) should be
provided to the maximum extent practical; provisions for such public access shall
be included in the precise plan and lease agreement.
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ORDINANCE NO. 1 135 (19 89 Series)
FINALLY PASSED this 2 Is t day of March
19 89 on motion of Councilmember Rappa , seconded by
Vice -Mayor Pinard , and on the following roll call
vote:
AYES: Councilmembers Rappa, Pinard and Mayor Dunin
NOES: None
ABSENT: Councilmembers Reiss and Settle
Mayor Ron Dunin
ATTEST:
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Cit Clerk Pam ogee
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