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ORDINANCE NO. 1240 (1993 SERIES)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
AMENDING THE ZONING REGULATIONS MAP TO
CREATE A SHOPPING CENTER ON THE EAST SIDE OF
BROAD STREET BETWEEN TANK FARM ROAD AND
INDUSTRIAL WAY FROM C -S -S, C -N -SP AND R -2 -SP TO
C -S -PD (APPLICATION PD 191 -92)
WHEREAS, the City Council has held a hearing to consider the planned
development request PD 191 -92; and
WHEREAS, the City Council makes the following findings;
1. The Planned Development will achieve the intent of conventional standards by
exceeding or substantially complying with property development standards provided
in the Zoning Regulations.
2. A negative declaration is approved for the project, based on incorporation of the
mitigation measures listed below into the project description.
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. The Planned Development preliminary map PD 191 -92 is hereby
approved subject to the following conditions:
1. The Community Development Director shall prepare a plan for monitoring
effectiveness of all mitigation measures. The applicant understands that the
monitoring program may require the Director to modify mitigation measures found
to be physically infeasible or ineffective, and agrees to comply with such
modifications as are determined necessary by the Director to achieve the intent of
the original measures.
2. Amend the Edna /Islay Specific Plan (EISP) to designate the entire Marigold Center
site for Service Commercial /Light Industrial uses.
3. Amend the EISP to designate the area at the southeast corner of the Tank
Farm /Industrial intersection for appropriate uses other than neighborhood
commercial.
4. Subdivider shall enter into an agreement to provide for the rezoning of the property
at 3570 Broad Street from C -S -PD to C -S -S, and for termination of the operation
of the existing market at that location, concurrently with the opening of the proposed
0 -1240
Ordinance no. 1240 (1993 Series)
Planned Development Rezoning PD 191 -92
Page 2
market at the Marigold project site. The agreement shall be in the form of a
recorded covenant, to the approval of the City Attorney and Community
Development Director.
5. Limit office uses to those allowed by the Land Use Element (e.g., banks, offices
larger than 2,500 sf, engineers, and "Local Service Offices" in the list submitted by
the applicant).
6. Uses within the category of "Retail Sales and Rentals - Specialties" shall be limited
to a total of not more than 2,000 square feet per tenant, and to a cumulative total
of not more than 25,000 square feet of the gross floor area of the center. In addition
to the limits noted above, one video rental and sales use may be located in Building
D, with a gross floor area not to exceed 6,000 square feet.
7. Mitigation measures listed in the Traffic Impact Study for Marigold Center, pages 11-
13, are incorporated by reference.
8. Applicant shall dedicate sufficient right of way to provide a 54 -foot traveled way
within a 75 -foot right of way for Industrial Way east of the Broad Street intersection,
to the approval of the City Engineer.
9. Developer shall pay for "Opticom" traffic signal control device at Broad /Industrial
intersection. Developer shall pay for "Opticom" traffic signal control device at
Broad /project entry driveway, if that signal is eventually installed.
10. Applicant shall pay sewer hookup fees as required by City ordinances. The applicant
shall pay Rockview /Tank Farm Road sewer lift station fees in the amount of $6,709
prior to issuance of a building permit or final map approval, whichever occurs first.
11. Noise Mitigation Measures
i. A continuous noise barrier shall be provided along the common property line
between the project site and adjoining residential property to the east.
Barrier shall consist of a grout - filled block wall and /or earth berm, and shall
be at least 8 feet in height as measured from the residence side.
ii. Heavy truck deliveries and trash pickups shall be prohibited between the
hours of 10 pm and 7 am.
iii. Residences on adjoining site shall be constructed to meet the following
standards:
Ordinance no. 1240 (1993 Series)
Planned Development Rezoning PD 191 -92
Page 3
a. At least 250 square feet of useable, noise sheltered open space
shall be provided with each residence. Open space shall be
private, directly accessible from the residence, and shall have a
minimum dimension of 10 feet in every direction.
b. Residences shall be constructed to provide a noise level
reduction (NLR) of at least 30 dB on north, west, and south
facing walls.
C. Residences shall be limited to one story in height.
d. Exceptions to requirements a -c above may be made on a case -
by -case basis by the Community Development Director, upon
certification of an acoustic expert that alternative site - specific
mitigation measures have been incorporated into the design of
a particular residence which render the other mitigation
measures unnecessary.
iv. All mechanical equipment shall be installed in compliance with standards
from Chapter 9.12 of the Municipal Code, Noise Control Regulations.
12. Applicant shall comply with PM -10 mitigation measures during construction, as
approved by APCD staff prior to issuance of grading permits by the City.
13. Applicant shall comply with construction emission mitigation measures included in
the BSAEIR (see pages 2 -23, 2 -24).
14. Applicant shall comply with vehicle emissions mitigation measures included in the
BSAEIR (see pages 2 -24, 2 -25).
15. Applicant shall install lockable bicycle lockers for use by project employees, in
locations convenient for employee use.
16. Applicant shall provide a bus turnout and transit shelter on the site.
17. Applicant shall comply with the Interim Archaeological Survey Procedures prepared
by the City's Cultural Heritage Committee (attached) prior to and during the
construction phase of the project. These guidelines require:
Ordinance no. 1240 (1993 Series)
Planned Development Rezoning PD 191 -92
Page 4
a. Completion of a surface survey by a qualified archaeologist approved by the
Community Development Director prior to commencing construction activities
on the site.
b. Halting. of construction activities if archaeological resources are discovered
during construction.
C. Implementation of a preservation plan prepared by a qualified archaeologist
and approved by the Community Development Director if significant
archaeological resources are discovered.
18. The preliminary development for the planned development is approved subject to the
mitigation measures noted above, and subject to the following additional conditions:
a. An exception to the fence height regulations is approved to allow a 10 -foot
high screen wall /fence near the Tank Farm Road frontage of the site, subject
to provision of an 8 -foot setback from the property line.
b. Landscaping, building design and site plan details shall be to the approval of
the Architectural Review Commission.
c. Future consideration may be given to alternative usage of the detention basin
subject to discussion with the property owners or responsible party.
19. Except as otherwise noted in this ordinance, all regulations for the C -S zone shall
apply.
20. The types of uses allowed or conditionally allowed shall be as provided in the list
submitted by the applicant (Exhibit A, attached), as modified by conditions Nos. 5
and 6 above, and as noted below:
The following uses normally allowed in the C -S zone are prohibited:
- Auto Repair and Related Services
- Carwashes
- Retail Sales - Tires and Batteries
- Service Stations
21. The applicant shall initiate a trip reduction plan approved by the Community
Development Director. The applicant shall create a property owners' association
which shall be empowered and required to implement the plan on a continuing basis.
Ordinance no. 1240 (1993 Series)
Planned Development Rezoning PD 191 -92
Page 5
22. Applicant shall pay $56,000 as the project's total contribution toward the Broad
Street Annexation's EIR mitigation measures, prior to issuance of a building permit
or final map approval, whichever comes first. Project specific mitigation measures,
such as the Industrial Way traffic signal, are not included as a part of this
contribution.
23. Construction of the buildings and site improvements may be phased, in accordance
with a phasing plan approved by the Community Development Director as part of
the PD final development plan.
24. Applicant shall install necessary public and /or private sanitary sewer mains and
services in accordance with City standards, to the satisfaction of the City Engineer.
25. In conjunction with the traffic mitigation measures identified in Condition No. 7, the
applicant shall provide traffic signage and delineation plans to the approval of the
City Engineer and Caltrans. Plans shall be prepared for existing roadway 300 feet
north and south of the project site on Broad Street; Tank Farm Road to just east of
Poinsettia intersection; and Industrial way from 100 feet east of the project site to
future intersection with Prado Road extension. Plans shall include the proposed and
existing signal locations and proposed and existing street lighting.
26. Applicant shall pay $18,014 water line reimbursement fee to Southern California Gas
Company for pro rata share of Industrial Way water main extension, as required by
prior Council resolution.
SECTION 2. A synopsis of this ordinance, approved by the City Attorney,
together with the names of councilmembers voting for and against, shall be published once
in full, at least (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.
}" I
Ordinance no. 1240 (1993 Series)
Planned Development Rezoning PD 191 -92
Page 6
INTRODUCED AND PASSED TO PRINT by the Council of the City of San
Luis Obispo at its meeting held on the 1St day of June , 1993, on motion of
Rappa , seconded by Roalman , and on the following roll call vote:
AYES: Council Members Rappa, Roalman, Romero and Settle
NOES: Mayor Pinard
ABSENT: None
ATTEST:
C' y ierk Di ne R. adwell
APPROVED:
Mayor aeg Pinard
B.. Architectural Review Required. All requests shall
receive architectural review in accordance with the adopted
architectural review commission ordinance and guide-
lines. The director shall determine, upon receiving
complete application, whether the project is declared
minor or incidental, or shall be forwarded to the archi-
tectural review commission for review. -
C. Application Contents. All proposed second unit
requests shall be by formal application for administra-
tive use permit and architectural review.
D. Additional Requirements.
1. Owners Agreement with the City. The owner shall
enter into an agreement with the city, on a form ap-
proved by the city attorney, agreeing that the property
will be owner- occupied. if owner occupancy is not
possible, then the use will terminate, and the structure
will be returned to its original condition to the-satisfac-
tion of the director.
Property owners receiving approvals for second units
and establishing the use pursuant to this section shall
also agree to reimburse the city for costs of all necessary
enforcement actions.
2 Recorded Agreement Affecting Use of Property. The
applicant shall submit an agreement that will provide
constructive notice to all future owners of the property,
of the use and owner occupancy restrictions affecting the
property. Upon approval of the administrative use
permit and architectural review, the applicant shall prepare
the final copy of the agreement for the directors review
in a form suitable for recording in the office of the county
recorder.
E. Appeal. Appeal procedures for this section shall be
the same as set forth for administrative use permits as
defined in the city zoning regulations. '(Ord. 1004 - 1
(part), 1954: prior code - 9940)
17.21.060 Periodic review - Violations.
A. Periodic Review. Use permits shall be subject to
reviewafter the first year andeach three years thereafter.
It shall be the responsibility of the property owner to
initiate the review and pay applicable fees.
B.Violations. Violation of any of the provisions shall be
basis for revocation of the use permit in accordance with
Chapter 17.72. (Ord. 1004 - l(part),1984: prior code -
9950)
Chapter 17.22
M Ate I,GO --0 COWTIOR
USE REGULATION
Sections:
17.22.010 Uses allowed by zones.
17.22.010 Uses allowed by zones.
Uses within zones shall be as provided in the following
chart. Symbols shall have these meanings:
A - The use is allowed;
D - If the director approves an administrative use
permit as provided in Sections 17.58.020 through
17.58.080, the use may be established;
PC- If the planning commission approves a use permit
as provided in Sections 17.58.020 through 17.5&050,
the use may be established;
A/D - The use is allowed above the ground floor. If the
director approves an administrative use permit, it
may be established on the ground floor.
See also Section 17.36.030 concerning uses which may
be established within public schools.
Listed uses are principal uses. Accessory uses are al-
lowed with principal uses.
Drive- through facilities are not allowed in any zone
Where manufacturing is allowed, incidental sale of items
made on the premises is allowed. When sale ofa particu-
lar type of item is allowed, craftsman -type production of
such an item for sale on the premises is allowed.
These regulations are intended to permit similar types of
uses .within each zone. The director, subject to the
appeal procedures of Chapter 17.66, shall determine
whether uses which are not listed shall be deemed al-
lowed or allowed subject to use permit approval in a
certain zone. This interpretation procedure shall not be
used as a substitute for the amendment procedure as a
means of adding new types of uses to a zone.
Special notes, indicated by number in the following
chart, may be found at the end of the chart.
0 F'eqoEs-reo
11124 1cl Q_
Table 9 - Uses Allowed by Zone
R -1
R -2
R -3
R-4
C/OS
Ott
PF
C -N
C -C
C -R
C -T
C-
M
Advertising and related services (graphic
design, writing, mailing, addressing, etc.)
A
AID
A
A
D
Agriculture - grazing and outdoor crops
A
A
A
Agriculture - greenhouse culture,
livestock feeding
PC
Airports and related facilities
I
I
PC
I
PC
Ambulance services
I
I
(
PC
PC
(
A
D
Amusement arcades (video games, see
Chapter 552, Electronic Game Amuse-
ment Centers)
PC
D
D
D
Amusement parks, fairgrounds I
I
PC
Animal hospitals and boarding
I
,
D
Animal grooming (
A
A I
D
Antennas (commercial broadcasting)'
PC
(
PC
I
D
Athletic and health clubs, gymnasiums,
fitness centers, tanning centers
D
PC
D :
PC
PC
PC
Athletic fields, game courts
I
PC
PC
PC I
D
PC
Auto dismantling, scrap dealers,
recycling centers
A
Auto repair and related services (body,
brake, transmissions, muffler shops;
painting, etc.)
D
-_
A
A
Auto sound system installation
I
)
I
D12.
D1=
A
:A
Banks and savings and loans;.Wttt its
O S F. " or- F1 ca " -lots
I
I
A
At
A
A
CC)
Bars, taverns, etc. (see Nightclubs)
(
I
I
D
I D(
D
D
D
Barbers, hairstylists, manicurists,
tanning centers
A
A
A
PC
D
Boarding/rooming houses, dormitories
(See also Chapter 17.20)
PC
D
D
D
Bowling alleys
I
PC
PC
D
! PC
PC
Broadcast studios
A
A/D
A
A
A
A- Allowed D- Directors approval required PC- Planning commission approval required A/D- Director's approval on ground poor, allowed above
The director shall determine if a proposed, unlisted use is similar to a listed use. Numbered notes are at end of chart. 11/24 I q n
F�i�u''La!�ll �1
Table 9 - Uses Allowed by Zone
R -I
R -2
R -3
R-4
C/OS 1011
1
PF I
C -N I
C -C
C -R
C-T
C -S
1`1
Building and landscape maintenance
services
A/D
A
_..___
A
Bus stations .
PC
-
A
Cabinet and carpentry shops
Caretakers' quarters i
A
A
A
A
A
A
D I
D I
D
D _
A
D I
D
Cara-ash - mechanical
I
I
1
I
PC9 I
D
D
Car%ash - self - service I
I
I
I
(
I
D
D
PC
A
A
Catering services I
I
I
I
I
I
A
I A
A
Cemeteries, mausoleums, columbariums
PC I
PC
PC
PC
PC
PC
PC
PC
PC
I P7DD
PC
Christmas tree sales <see Section
17.08.O10D)
D
D
D
D
D
D
D
Chur ches, synagogues, temples, etc.
I PC
D
D
I D
I I
A
D I
D
I D
A I
x
Circus, carnival, fair, festival, parades
(see Section 17.08.010E)
D
D
D
D
D
.D
D
X
D
Computer services
I
A
A/D
A
___:
A
D
Concurrent sales of alcoholic beverages
and motor fuel {see Section 17.08.100)
D
D
D
Construction activities (see Section
17.08.O10G)
A
A
A
A
A
A
I A
A
A
A
A
dA
Contractor's yards
(
I
I
I
I
I
A
Convalescent hospitals
I PC
( PC
D
PC
I PC
I
I
D
I
I
Convents and monasteries
I
PC
I A
I A
(
I
I
D
Credit reporting and collection
I
I A
I
IA/D
A
I
I A
'Cledirunions and finance companies
III
I A
I
I A
A
Delivery and private postal services
I
I
I D
I
I
I
I A
A
A
Detective and security services
A
A/D
A
A
D
Drive -in theaters
I
I
i
PC
Dwellings
A'
A
A
A
A
A'
A/D
A/D
A/D
D
A- Allowed D- Director's approval. required PC- Planning commission approval required A/D- Director's approval on ground floor, allowed above
The director shall determine if a proposed, unlisted use is similar to a listed use. Numbered notes are at end of chart. I l/Z 4M
Table 9 -. Uses Allowed by Zone
R-1
R -2
R -3 I
R-4
C /OS
Ot'
PF
C -N
C -C
C -R
C -T
C -S
.M
Educational conferences (see Section
17.08.O10H)
D
D
D
D
_
Electronic game .amusement center_ I
I PC
PC
PC
PC`
Employment agencies _. ._...._
I
_
_. I
A
D
IA/D
A
Equipment rental
I I
(
(
I
I
A
A_
Exterminators and fumigators
I
I
)
I
I
A
Feed stores and farm supply sales
I
I
I I
I
I
PC
I
I A
A
Florists; IUCWO" w1n4w 2s'/
T
:. I
1
}
I
A
I A
I A
I
__
Fraternities and sororities
I
PC
PC
(
I
I
E
Gas distributors - containerized (butane,
propane, oxygen, acterylene, etc.)
A
Government agency corporation yards
PC
I
I
(
Vq
A
Government agency offices and meeting
rooms
PC
D
D
D
High occupancy residential use
D
D
Home business {see Section 17:08:040)
I
I
I
I
I
I
Homeless shelters (see Section 17.08.110)
I PC
PC
PC
PC
PC
I PC
PC
PC
PC
Hospitals
I PC
PC
Hot tubs - commercial use
I
I
I
I
I
(
I PC
I PC
( PC
I .D
I PC
( PC
Insurance service - local
I
I
I
I A
I
I
A/D
A
Insurance services - regionaI office
I
I
I
IA/D
A
I .
Laboratories (medical, analytical)
I
(
) PC
(
I
I
( A
I
I
( A
I A
Laundry/dry cleaner
- cleaning plant
- pickup point
- self- service
A
A
A
A
A
A
PC
PC
A
A
D
A
A
Libraries
PC
A'
D
A
A- Allowed D- Director's approval required PC- Planning commission approval required AID-Director's approval on ground floor. allowed above
The director shall determine if a proposed, unlisted use is similar to a listed use. Numbered notes are at end of chart. I 1/1—,q / q 2
44
/,RI
Table 9- Uses Allowed by Zone
R -1
R -2
R -3
R-4
C /OS
Ott
PF
C -N
C -C
C -R
C -T
C-S]
M
Photocopy services; quick printers
A
A
A/D
A
A
"A
Photofinishing - retail
A
A
A
PC
A
Photofinishing - wholesale; and blue-
-.-
-- --
-- -
printing and microfilming service
PC
A
-A-
Photographic studios
I
I
A I
A I
A
PC
D
Police and fire stations and training
I
facilities
PC
Pool halls, billiard parlors, etc.
I
(
I
(
PC
D
D
D
Post offices and public and private
postal services
- under 2;000 square feet gross floor
area per establishment
PC
D
A i
A
A
- 2,000 square feet or more gross floor
area per establishment
PC
A
A
A
Printing and publishing
I
I
D
D .I
A(
A
Produce stand (incidental sales of items
produced on the premises
D
Public assembly facilities {community
meeting rooms, auditoriums, convention/
-
exhibition halls)
PC
D
D
D
Railroad yards, stations, crew facilities
(
I
I
A
Refuse hauling, septic tank and portable
toilet services
A
Repair services - household appliances,
locksmiths, saw sharpening, shoe repair
D
A
A
A
A
Residential care facilities - 6 or fewer
residents
A
A
A
A
A
A
I
A
AID
A
D
Residential care facilities - more than 6
residents
PC
PC
D
PC
PC
D
Restaurants, sandwich shops, takeout
food, etc.
A
A
I A
A
D
A- Allowed D- Directoesapproval required PC- Planning commission approval required A/D- Directoes approval on ground floor, allowed above
The director shall determine if a proposed• unlisted use is similar to a listed use. Numbered notes are at end of chart. 1112 q/97—
Table 9 - Uses Allowed by Zone
R -1
R -2
R -3
R-4
GOS .
Ott
PF
C -N
C -C
C -R
C -T
C -S
I =M
Manufacturing - food, beverages; ice;
_
-
apparel; electronic, optical, instrumen- -
tation products; jewelry; musical instru-
ments; sporting goods; art materials
A
Manufacturing - basic metals, chemicals,
building materials, fabricated metals,
textiles, paper and cardboard; Machin-
ery, transportation equipment
PC
Mineral extraction (see Section
17.08.020)
PC
PC
PC
PC
PC
PC
PC
PC
PC
PC
PC
PC
Mobile home parks
PC
I PC
PC
PC
I
I
I
Mobile home as construction office (see
Section 17.08.010C)
D
D
D
:D
D
D
D
D
D
D
D
D'
D
Mobile homes as temporary residence at
building site (see Section 17.08.010F)
A
A
A
A
A
A
A
Mortuaries
I
I
D
D
I
A(
I
I
Motels, hotels, bed and breakfast inns
I
I
A
( A
( A
Museums _
I
PC
I
.D
E A
--
Nightclubs, discotheques, etc. (see
Chapter 5.40, Adult Entertainment
_.
.. _...
_ _..
Establishments)
D
D
D
Offices (contractors) - all types of general
_
..,
and special building contractor's offices
A
-
A/D
I -A
-
Ato
Offices (engineering) engineers and
industrial design
A
A/D
A
Dto
to
�tto>;rt�eysa� chi-
p
tsncotlturet%rs ictirsernces,
tec`"Offices P�t�mAeun-tc�:r-ol-ce'r4s,�r�ea9tot,
w _u' 61 00 a. accounta� 9, inv
Ppr Lssets vs� Zo sic �o zoos S.
A
A/D
A
to
Organizations (professional, religious,
political, labor, fraternal, trade, youth,
etc.) offices and meeting rooms
D
D
A
D
A/D
A
D
Parking (as a principal use)
PCL
D°
IPC")
D°
Dt,
Parks
A
A
A
A
D
A
D
A
A(
A
Pharmacies - 114cwoeo w\tth6l 26%
'
A
A I
A
Q
+~ b�.� _
A- Allowed D- Director's approval required PC- Planning commission approval required A/D- Director's approval on ground floor allowed above
The director shall determine if a proposed, unlisted use is similar to a listed use. Numbered notes are at end of chart. 1//2 q l9 2
45
Table 9- Uses Allowed by Zone
R -1
R -2 I
R -3
R -4
C /OS
Ou•
PF
C -N
C -C
C -R
C -T
C -S.
M
Retail sales - building and landscape mat-
erials (lumbervards, nurseries, floor and
wall coverings, paint, glass stores, etc.)
D
A
A
A
Retail sales - appliances, furniture and
furnishings, musical instruments; data
processing equipment, business, office
and medical equipment stores; catalog
stores; sporting goods, outdoor supply
A
A
D
Retail sales and repair of bicycles
I
A8
A
A
Ot
R.et$ 6 rental - autos, ,
e�
( D
A
PC
Retail sales - auto parts and accessories
except tires and batteries as principal use
D
A
A
PC
Retail sales - tires and batteries
I
I
A
I
I A
I PC
Retail sales and rental - boats, aircraft,
mobile homes
PC
Retail sales - groceries, liquor and
specialized foods (bakery, meats, dairy
items, etc.)
A
A
A
PC
Retail sales - general merchandise (drug,
hardware, discount, department and
variety stores)
- 15,000 square feet or less gross floor
area per establishment
A
A
A
- 15,001 to 60,000 square feet gross floor
area per establishment
PC
A
A
- more than 60,000 square feet gross
floor area per establishment
PC
( D
PC
Retail sales and rental - specialties (shoe
stores, clothing stores, book/record/
videotape stores, toy stores, stationery
stores, gift shops LIMIT" 70 2s Y. or
As
A
A
ro yc.eo it 4�21soo 15-9)
Schools
- Nursery schools, child day care
PC
PC
D
D
A
D
D
D
D
D
- Elementary, junior high, high schools;
schools for disabled/handicapped
PC
PC
D
D
D
D
- Colleges /universities
D
A- Allowed D- Director's approval required PC- Planning commission approval required AfD- L�ir+ectoes approval on ground floor, allowed above
The director shall determine if a proposed, unlisted use is similar to a listed use. Numbered notes are at end of chart. 1112, Y /17 2
0 D
ff
IN
0
Fig
C
Table 9- Uses Allowed by Zone
R -1
R -2
R -3
R-4
C /OS..
.Ott
PF
C -N
C -C
C -R
C -T
C -S
M`
- Business, trade, recreational, or other
specialized schools
- Boarding schools and academies
PC
PC
PC
A/D
A
I?�.
Secretarial and related services (court
reporting, stenography, typing, telephone
answering, etc.)
A
A/D
A
"
D
Service stations (see Section 17.08.030)
I
!
D
D
I D
A
A
Skating rinks
t
(
PC
I PC
1
I D
PC
Social services and charitable agencies
I
I
I
A(
D
D
A
A
Stadiums
(
I
I
I PC
i
(
I
PC
Swap meets
I
PC
Swimming pools (public)
I
I
(
I PC
(
PC
PC
Tallow works
I
I
)
I PC
Telegram office
A
)
A
A
I D
Temporary parking lots .(see Section
17.08.010I)
Temporary real estate sales office in tract
(see Section 17.08.O10B)
D
D
D
D
Temporary sales (see Section 17.08.0101)
I
D
D
D
D_
T Semporary uses - not otherwise listed in
ection 17.08.O10K
D
D
D
D
D
D
TDD
D
D
D
D
'D
Theaters (see Chapter 5.40, Adult
Entertainment Establishments)
PC16
PC14
D
D
Ticket/travel agencies
I
I
A I
I
I
A
A IPCI
D
Tire recapping
I
I
I
F1
A
Title companies
I
I
A
A
A I
I
Trailer rental
i
D I
A
Trucking/taxi service
I
I
I
A
Utility companies
- Corporation yards
I
f PC
A
A- Allowed D- Director's approval required PC- Planning commission approval required A/D- Director's approval on ground floor, allowed r974 The director shall determine if a proposed, unlisted use is similar to a listed use. Numbered notes are at end of chart. „ /2
48
nDqy
Table 9- Uses Allowed by Zone
R -1
R -2
'R -3
R4
C /OS
Ot' j
PI?
C -N
C -C
C -R
C -T
C -S (
M
- Customer account services (bill paying
and inquiries)
- Distn-bution and transmission facilities -
see Section 17.08.050
- Engineering and administration offices
- Payment drop points
A
A
A!D
-A
D "
--
A-
A
- . -_
_ ==
D_
n
Vending machines (see Section 17.08.080)I
I
I
A
A
I A
A
A
Veterinarians
I
I
A6
A6
I
D
Warehousing, mini storage, moving
company
A
Water and wastewater treatment plants
(
I
I
PC
I
_.
Water treatment services
I
I
I
(
A
Wholesale and mailorder houses
(
I
I
PC
I
A
I A
Zoos
f
I
I
PC
A- Allowed D- Director's approval required PC- Planning commission approval required AID-Director's approval on ground floor, allowed above
The director shall determine if a proposed, unlisted use is similar to a listed use. Numbered notes are at end of char[. , //Z q 1q2
49
•
Notes:
1. In the C -N zone, only branches of banks are allowed - no headquarters.
2. Except for condominiums, the development of more than one dwelling on a land parcel in the R -1 zone requires
approval of an administrative use permit. R -1 density standards apply.
3. In the O zone, dwellings on a site occupied by residential uses only are allowed. Dwellings on a site with
nonresidential uses require approval of an administrative use permit. :
4. In the C -N zone, hot tubs /spas for commercial use must be enclosed.
5. In the M zone, schools are limited to those offering instruction in fields supportive of allowed uses.
6. In the O, C -C and C -R zones, animals at veterinarian's-facilities must be kept within a building.
7. in the C -N zone, branch libraries only are allowed.
S. In the C -N zone, the following types of uses are allowed provided that (1) the gross floor area of each establishment
shall not exceed two thousand square feet and (2) the combined floor area of such establishments within a shopping
center, or on a parcel which is not in a shopping center, shall not exceed twenty-five percent of the total floor area:
- retail sales and repair - bicycles;
- retail sales and rental - specialties. _
9. In the C -T zone, carwashes are allowed only in conjunctionwith and incidental to service,stations, and provided that
no other car wash is located within 1000 feet of the site.
10. Large professional office buildings which can include multiple tenants but with no single tenant space less than
2,500 square feet maybe established in the C -S and M zones subject to the approval of a Planned Development (PD)
zoning. application and compliance with findings specified in Section 17.62.040 C. However, this provision notwith-
standing, the following types of office - related uses are prohibited in PD's approved for C -S and M zones: Banks, real
estate offices, financial institutions, medical clinics, doctor's offices, and lawyer's offices.
11. An administrative use permit is required for the construction of nonresidential structures or the conversion of
residential structures to non - residential uses in the O zone. In order to approve a use permit the director must make
each of the following findings:
A. That the location, orientation, height, and mass of new structures will not significantly affect privacy in nearby
residential areas.
B. That the project's location or access arrangements will not significantly direct traffic to use local streets in nearby
residential areas.
C. That the project includes landscaping and yards that adequately separate parking and pedestrian circulation areas
from sites in nearby residential areas.
12. In the C -C and C -R zones, use permit review of automobilesound system installations should include consideration
of the following items: parking space displacement, noise from the operation, and appearance. Use permits may be
approved only when the use is accessory to a retail sales operation.
13. Where parking as a principal use is allowed, deviations to existing setbacks and building heights are permitted upon
approval of a use permit as required by Section 17.22.010. All multi -level parking facilities shall require the approval
of a use permit by the Planning Commission.
14. Theaters in the C -N zone shall be limited to 4,000 square -feet in size, a single screen, and restricted to shopping
center sites in the zone (See Section 17.04.371).
s 0
CITY CLERK MEMORANDUM
June 18, 1993
Memo toy File:
Council action for final adoption of Ordinance 1240 included an amendment to read, "18c:
Future consideration may be given for alternate usage of the detention basin subject to
discussions with the property owners or responsible party."
It was the determination of the City Attorney that this did not constitute a substantial legal
change, and therefore was not subject to re- advertisement and adoption.
c: Jeff Jorgensen, City Attorney
I . 0 Kit'
I
Ordinance No. 1240 (1993 Series)
FINALLY PASSED this 18th day of June ,
1993 on motion of Council Member Rappa ,
seconded by Council Member Romero , and on the following
roll call vote:
AYES: Council Members Rappa, Romero, Roalman, and Settle
NOES: Mayor Pinard
ABSENT: None
6 4A)
i
Mayor Peg P and
ATTEST:
K Z�)4
it Clerk Diane Gla , ell
4 ob 1 ?
L��
11
INTERIM ARCHAEOLOGICAL SURVEY PROCEDURES
A. Term of Application
Prior to the adoption of guidelines for the survey of archaeological resources, the
following interim procedures should be used to guide the Community Development
Department's environmental review process.
B. Surface Survey Defined
A surface survey is done by a qualified archaeologist who walks the site and prepares a
written report that describes any evidence of archaeological resources and identifies the
need for further subsurface investigations or project mitigation measures.
C. Proiects and Applications Affected
An archaeological surface survey will be required (1) when a proposed development project
will disturb subsurface materials (eg. by trenching for utilities, digging foundations,
or other excavation work), or (2) when an annexation, planned development, or subdivision
map is submitted; and one or more of the following conditions exist:
1. The site is vacant and is one acre or larger
2. The site is adjacent to San Luis Obispo, Stenner, Old Garden, Prefumo, Froom
Creeks or other creeks with running water year round.
3. The site is within 200 feet of the boundaries of an archaeological site as shown
on USGS quad maps on file in the Community Development Department.
4. The site is within the Central Commercial (CC) zone or any of the three Historical
Preservation (H) zoning districts.
D. Exemptions
The construction of a single family home, residential additions, minor commercial
additions, or the construction of accessory structures (garages, tool sheds, etc.) are
exempt from these interim procedures.
The Community Development Director may require surface surveys for exempt projects when,
after receiving advice from the CHC, he determines that there is a moderate to high
probability that the site contains archaeological resources.
E. Type of Survey Reouired
When a survey is required consistent with Paragraph C above, the planning staff shall
specify the following as mitigation measures within the initial environmental study:
1. A qualified archaeologist sha11 be hired by the applicant to conduct a surface
survey of the construction site (reference attached list of archaeological
consultants).
2. The archaeologist shall be approved by the Community Development Department after
qualifications have been reviewed.
q
Page 2 -- Interim Archaeological Survey Guidelines
3. The developer shall pay for all survey costs.
4. All survey results shall be submitted to the department in writing (reference
attached report format).
5. If surface survey results conclude that archaeological resources may exist, the
project archaeologist shall recommend, in a separate cover letter, specific
mitigation measures. These measures shall be reviewed by the Director or, upon
referral, the CHC for possible inclusion into the description of the project.
F. Response to Finds
If archaeological resources are found during the construction of a project, work on the
project should be temporarily halted until a qualified archaeologist can review the
resources and suggest specific mitigation.
f' s
RECORDING REQUESTED BY:
CHI,LMO TITA COMPANY
AND WHEN RECORDED MAIL TO:
=
NAM' F
O STREET City Clerk
ADDRIESS CITY OF SAN LUIS OBISPO
990 Palm Street
CITY San Luis Obispo, CA 93401
STATE= L J
N ZIP
AP N 53- 081 -048 & 53- 081 -049
Doc No: 1996 - 045205
Official Records
San Luis Obispo Co.
Julie L. Rodewald
Recorder
Sep 10, 1996
Time: 08:00
[ 4]
Rec No: 00016942
;NF 0.00
;TOTAL 0.00
THIS SPACE FOR RECORDER'S USE ONLY
AGREEMENT
This agreement is made the"_3Otk day of July, 1996 by and between Marigold Center,
.,LLC, a California Limited Liability Company ( "Shopping Center ") and the City of San
I Buis Obispo ( "City ").
RECITALS:
A. On or about June 1, 1993, the City Council of San Luis Obispo passed Ordinance
1240 (1993 Series) approving planned development request PD 191 -192 pursuant
to the conditions set forth in said Ordinance 1240.
B. Condition 7 of Ordinance 1240 requires the Shopping Center to implement the
mitigation measures specified in the Traffic Impact Study for Marigold Center, pages
11 -13.
C. One of the mitigation measures specified in the Traffic Impact Study for Marigold
Center dealt specifically with the potential for the need for a signal at the main
entrance to the project on Broad Street ( "Main Entry"). It is the intent of the City and
the Shopping Center that the two traffic signals to be modified and installed at
Broad Street / Tank Farm and Broad Street / Industrial Way will be successfully
integrated and synchronized so as to make the installation of a signal at the Main
Entry unnecessary.
D. However, should the City or Caltrans deem that a signal is needed at the Main
Entry, the Shopping Center agrees to install said signal at the sole cost and
expense of the Shopping Center. Now therefore in exchange of good and valuable
consideration between the parties hereto, both parties agree as follows:
1. Should the City or Caltrans deem that a traffic signal is necessary at the Main Entry,
then the Shopping Center agrees to install, at the sole cost and expense of the
Shopping Center, a traffic signal per the specifications of the City and /or Caltrans.
2. Upon written notice given to the Shopping Center by the City, the Shopping Center
shall diligently work to design, construct and install the traffic signal.
Page 1 of 2
4
3. If the Shopping Center fails to diligently work to design, construct and install the
traffic signal, the City and /or Caltrans may direct the Shopping Center to install
appropriate channelization devices to preclude left turns exiting onto Broad Street,
based on traffic safety and /or related conflicts either permanently or pending
installation of the subject traffic signal, at the direction of the City and /or Caltrans.
Should the City and /or Caltrans pursue completion of either the traffic signal or
elimination of left turns exiting onto Broad, the Shopping Center agrees to
compensate the City and /or Caltrans for all costs encumbered by the City and /or
Caltrans. If the City and /or Caltrans has to pursue litigation to enforce this
agreement, Shopping Center shall be liable for all attorney fees and litigation costs
incurred by City and /or Caltrans. Notwithstanding anything contained herein to the
contrary, as long as Shopping Center is diligently working in good faith on the
design and installation of the traffic signal, full access shall remain open.
4. This agreement shall be in effect for a period of five (5) years following the
occupancy of Vons Supermarket. Following said time period, this Agreement shall
terminate and become null and void and of no further force and effect.
"Shopping Center"
Marigold Center, LLC,
a California Limited Liability Company
By:
Paul Quong,
Managing Member
"City"
City of San Luis Obispo
B �..,
J ohn unn,
ity dministrative Officer
Notary Acknowledgment required.
Page 2of2
State of?�
County of Owl
On DATE (0 before me,
NAME. TITLE OF OFFICER • E.G.. "JANE DOE, NOTARY PUROC
personally appeared
personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is /are
subscribed to the within instrurent and
acknowledged to me that he /she /they
executed the same in his/her /their
authorized capacity(ies), and that by
. M. KRAMER I his /her /their signature(s) on the instrument
COMM, # 1040383 Z : the person(s), or the entity upon behalf of
Z Notary Public — California which the person(s) acted, executed the
ORANGE COUNTY instrument.
My COMM. Expires OCT 31-1998,
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE
OFFICER(S)
IIILHS)
to PARTNER(S) LIMITED
GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAWCONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAVE OF PEnSON(S) On ENTITY('E5)
Witness my and and official seal.
SIGNATURE OF NOTARY
ATTENTION NOTARY: Although the Information requested below is OPTIONAL, it coL'd prevent !taudu ert anachm ?nt of ih *,s crrlif –1 a to an unauthorized document
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED Number of Pages / Date Of ocument 1-441- q
TO THE DOCUMENT �f�h In
DESCRIBED AT RIGHT: Signers) Other than t'Jamed Above —_
ALL - PURPOSE ACKNOWLEDGMENT
State of– /'4°— �'��-�
County of
21992 NATIONAL NOTARY ASSOCIATION - 8235 nemmet Ave.. P.O. Box 7184 - Canoga Park. UA V1 JJ" f o4
I)- -,
On �,1`7L° before me, G ""-'�y �'' y '
DATE NAME, TITLE OF OFFICE • E.O., *JANE DOE. NOTARY PUBLIC'
personally appeared
P er Y NAME(S) OF SIGNER(S)
personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is /are
subscribed to the within instrument and
acknowledged to me that helshe /they
executed the same in his /her /their
CINDYfaILG authorized ca acit Les and that b
Comrrlls;fon # 1091390 P Y (� ) � Y
.� Notary i3ublic — Cali", his /her /their signature(s) on the instrument
Sots Obispo County the person(s), or the entity upon behalf of
MYCOrnln. Expires Mar 17,2000 which the person(s) acted, executed the
instrumer-d.
Witness my hand and official seal
SIGNATURE OF NOTARY
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
0-fO' RPORATE
OFFICER(S) G ��-
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTOTNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAVE OF PERSONS) On ENTITY(IES)
ATTENTION NOTARY: Although the Information requested below is OPTIONAL, it co,, 'd wev?nt havdu! ?nt attachment o! th;s certificate to an unauthorized do-c7ir^eni
THIS CERTIFICATE Tide or Type of Document –
MUST BE ATTACHED Number of Pages Dale of Document ��-�°% �Lp
TO THE DOCUMENT
DESCRIBED AT RIGHT: Signer(s) Other than Named Above
NOTARY AFFIDAVIT
I CERTIFY UNDER THE PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO
WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
NAME OF NOTARY: CINDY PILG
NAME OF COUNTY: SAN LSUI OBISPO
DATE COMMISSION EXPIRES: MAR 17, 2000
COMMISSION NUMBER: 1091390
DATED: 09/04/96
SAN LUIS OBISPO, CA
NANCY HO LAND
CHICAGO TITLE COMPANY
a.
END OF DOCUMENT