HomeMy WebLinkAbout1316Draft Ordinance "C"
ORDINANCE NO. 13141996 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE ZONING MAP FROM OFFICE WITH THE PLANNED
DEVELOPMENT OVERLAY ZONING (O -PD) TO RETAIL COMMERCIAL WITH
THE SPECIAL CONSIDERATION OVERLAY ZONING (C -R -S),
FOR PROPERTY LOCATED AT 40 PRADO ROAD
(GP /R 7 -95)
WHEREAS, The Planning Commission conducted public hearings on November 6, 1996,
and November 13, 1996, and recommended denial of amendments to change the designation on
the City's Land Use Element map from Office to General Retail, and to change the zoning map
from Office with the Planned Development Overlay Zoning (O -PD) to Retail - Commercial with
the Special Consideration Overlay Zoning (C -R -S), for property located at 40 Prado Road; and
WHEREAS, the City Council conducted a public hearing on, December 3, 1996, and has
considered testimony of the applicant, interested parties, the records of the Planning Commission
hearings and action, and the evaluation and recommendation of staff; and
WHEREAS, the City Council finds that the proposed general plan amendment and
rezoning are consistent with the General Plan and other applicable City ordinances; and
WHEREAS, the City Council has considered the draft Mitigative Negative Declaration of
environmental impact as prepared by staff and reviewed by the Planning Commission.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Environmental Determination. The City Council finds and determines that
the project's Negative Declaration adequately addresses the potential significant environmental
impacts of the proposed general plan map amendment and rezoning, and reflects the independent
judgement of the City Council. The Council hereby adopts said Negative Declaration and
incorporates the following mitigation measures into the project:
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City Council Ordinance No. 1316 (1996 Series)
Page 2
1. In reviewing the subject amendment requests, the Planning Commission and City
Council shall determine whether Figure 5 in the LUE needs to be amended to
provide compensating land area for the removal of the subject site from the South
Higuera governmental offices pole to accommodate the future space needs of
governmental offices.
2. The proposal shall be modified to rezone the site C -R -S. With the "S" overlay
zone, the special considerations for the site can be documented in the ordinance
approving the proposed zone change. The existing zoning regulations require the
processing of an administrative use permit with the development of a site that has
the "S" overlay zone. Therefore, the specific improvements needed and any special
requirements related to development, beyond strictly environmental mitigation
measures, could become conditions of the required use permit approval.
3. Consistent with the recommendations included in the Seismic Safety Element, a
detailed soils engineering report needs to be submitted at the time of building
permit which considers special grading and construction techniques necessary to
address the potential for liquefaction.
4. The project shall utilize porous paving, landscaping, or other design elements to
reduce surface water runoff consistent with Land Use Element Policy 6.4.7.
5. The developer shall replace any deficient storm drains crossing Prado Road and /or
provide on -site detention facilities to the satisfaction of the Public Works Director.
If oversizing of the storm drain is desired by the City, then the City will be
responsible for the cost differential for installation of the larger storm drain. With
submittal of precise development plans for the project, the developer shall prepare
a site drainage analysis evaluating the capacity of existing storm drain to
accommodate projected run -off.
6. The finish floor of project buildings shall be raised to a minimum of 136.5'
elevation to be consistent with the City's Flood Damage Prevention Regulations.
7. The developer shall install an oil and gas separator at an appropriate location in the
storm drainage system to the approval of the Public Works and Utility Directors.
The separator must be regularly maintained to ensure efficient pollutant removal.
8. Since the project involves the grading of more than five acres of land, the
developer shall obtain a National Pollutant Discharge Elimination System (NPDES)
permit from the Central Coast Regional Water Quality Control Board (Cal /EPA).
9. Consistent with Municipal Code Section 15.04.040 X. (Sec. 3307.2), all graded
surfaces shall be wetted, protected or contained in such a manner as to prevent dust
or spill upon any adjoining property or street. The following measures shall
City Council Ordinance No. 1316 (1996 Series)
Page 3
constitute the project's dust management plan and shall remain in effect during all
phases of project construction:
a. Regular wetting of roads and graded areas (at least twice daily with
complete coverage of all active areas);
b. Increasing frequency of watering whenever winds exceed 15 mph;
C. Cessation of grading activities during periods of winds over 25 mph;
d. Direct application of water on material being excavated and /or transported
onsite or offsite;
e. Watering material stockpiles;
f. Periodic washdowns, or mechanical street sweeping, of streets in the
vicinity of the construction site; and
g. Non - potable water is to be used in all construction and dust control work.
10. The project shall include:
bicycle parking and shower and locker facilities for employee use;
shared -use parking reduction;
on -site food facilities to encourage employees to stay on site during the
lunch hour;
extensive tree planting in the parking areas to help reduce evaporative
emissions from automobiles;
provision of a bus stop and shelter;
- pedestrian friendly site planning to the approval of the Architectural Review
Commission; and
roadway changes that minimize the impact on pedestrians and bicyclists.
11. Consistent with the Circulation Element, the applicant shall widen Prado Road
across the property's frontage to provide for a four -lane arterial street. The
specific design of these street facilities (including the extent of interim and
permanent frontage improvements for pedestrians and transit access) shall be
City Council Ordinance No. 1316 (1996 Series)
Page 4
established and must be accepted by the City as a prerequisite to the submittal of
development plans for the 40 Prado Road property.
12. As a prerequisite of development, the applicants shall execute an agreement with
the City, to be recorded against the land, to not oppose the formation of an
assessment district or other financing mechanism (to the City's approval) that
includes the 40 Prado Road site and is established for the purpose of constructing
the Prado Road interchange, related new facilities and modifications to existing
facilities. The specific contents of this agreement shall be established to the
satisfaction of the City as a prerequisite to the approval of development plans for
the 40 Prado Road property.
As a further mitigation measure, the applicants shall dedicate slope easements for
the future Prado Road overpass and northbound on -ramp to State Route 101
consistent with the standard diamond design identified in the Prado Road Project
Study Report (PSR). Easements may provide for interim parking areas and
landscaping, but shall exclude all permanent buildings.
13. The recommendations of the traffic study which call for the eventual realignment
of the City corporation yard driveway with the new street on the eastern edge of
the project shall be incorporated into the project approval and design.
14. Project approvals shall incorporate the recommendations of the traffic study
regarding the alignment and changes to Elks Lane to insure that adequate
emergency access continues to serve the site and the surrounding area.
15. As a prerequisite of development of the 40 Prado Road site, the applicant shall
design and construct a pedestrian - bicycle bridge crossing San Luis Obispo Creek
on the north side of Prado Road. The bridge must be installed and fully accessible
to the public at the time that occupancy is granted for the first retail establishment
on the 40 Prado Road site. [This project is eligible for a City Traffic Impact Fee
(TIF) credit.]
16. All buildings shall be provided with adequate sound - proofing to meet the City's
Noise Element requirements for interior noise levels based on the sound created by
departing aircraft.
17. No radio transmissions shall be allowed that would interfere with aircraft
operations.
18. The property owner shall grant an avigation easement to the City of San Luis
Obispo via an avigation easement document prepared by the City.
19. Future site development shall incorporate:
City Council Ordinance No. 1316 (1996 Series)
Page 5
* Skylights to maximize natural day lighting.
* Operable windows to maximize natural ventilation.
* Energy - efficient lighting systems for both interior and exterior use.
In the event operable windows and skylights are not feasible alternatives for tenant
operational reasons, buildings should be designed to exceed energy conservation
standards in the California Energy Code by 10 %.
20. Site development shall include a solid waste recycling plan for recycling discarded
building materials, such as concrete, sheetrock, wood, and metals, from the
construction site. The plan must be submitted for approval by the Community
Development Director, prior to building permit issuance.
21. Future site development should incorporate facilities for interior and exterior on-
site recycling.
22. Parking lot lighting shall be designed to be directed downward and not cast glare
onto adjacent properties. The specific design of lighting shall be to the approval
of the Architectural Review Commission. The ARC shall carefully review the
height and type of lighting fixtures.
23. Qualified archaeologist will be retained to monitor project grading and trenching
activities. If excavations encounter significant paleontological resources,
archaeological resources or cultural materials, then construction activities which
may affect them shall cease until the extent of the resource is determined and
appropriate protective measures are approved by the Community Development
Director. The Community Development Director shall be notified of the extent
and location of discovered materials so that they may be recorded by a qualified
archaeologist.
24. If pre- historic Native American artifacts are encountered, a Native American
monitor should be called in to work with the archaeologist to document and remove
the items. Disposition of artifacts shall comply with state and federal laws. A note
concerning this requirement shall be included on the grading and construction plans
for the project.
25. If the Community Development Director determines that the above mitigation
measures are ineffective or physically infeasible, he may add, delete or modify the
mitigation to meet the intent of the original measures.
City Council Ordinance No. 1316 (1996 Series)
Page 6
SECTION 2. Findings. That this Council, after, consideration of the proposed rezoning
to change the City's zoning map designation from Office with the Planned Development Overlay
Zoning (O -PD) to Retail - Commercial with the Special Consideration Overlay Zoning (C -R -S) for
property located at 40 Prado Road, makes the following findings:
The proposed C -R -S zoning is consistent with the goals and policies of the General
Plan LUE related to General Retail uses given that the site is in the general identified
geographical areas for retail expansion, and the requisite economic analysis of
downtown was submitted and accepted.
2. The proposed C -R -S zoning is consistent with the goals and policies of the General
Plan LUE related to Public and Cultural Facilities Policies since there is enough
area in the current government office pole (Social Services Area) to accommodate
the long -range growth needs of regional offices of government agencies.
The proposed "S" overlay zoning will document the special considerations for the site
which are: the need for extensive area -wide circulation improvements, including the
planned development of a full freeway interchange at Highway 101 and Prado Road;
the 80 -foot wide PG &E power line easement; flood zone issues; and airport land use
compatibility concerns. The C -R -S zoning will require the processing of an
administrative use permit to establish proposed uses.
4. The proposed development of the site is appropriate and will be compatible with
surrounding land uses because site changes to accommodate retail development can
be adequately evaluated and regulated with the required processing of an
administrative use permit and architectural review.
5. A Mitigative Negative Declaration was prepared by the Community Development
Department on October 31, 1996, and adopted by the City Council on December 3,
1996, which describes significant environmental impacts associated with project
development. The Mitigative Negative Declaration concludes that the project will not
have a significant adverse impact on the environment subject to the mitigation
measures listed above from initial study ER 7 -95 being incorporated into the project.
SECTION 3. Approval. The request to change the City's zoning map designation from
Office with the Planned Development Overlay Zoning (O -PD) to Retail- Commercial with the
Special Consideration Overlay Zoning (C -R -S) for property located at 40 Prado Road, is hereby
approved.
City Council Ordinance No. 1316 (1996 Series)
Page 7
SECTION 4. Adoption.
1. The zoning map is hereby amended as shown in Exhibit "A ".
2. The Community Development Director shall cause the change to be reflected in
documents which are on display in City Hall and are available for public viewing
and use.
SECTION 5. A summary of this ordinance, together with the names of Council members
voting 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.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo
at its meeting held on the 3rd day of December , 1996, on a motion of Council Member
Romero , seconded by Council Member Will'
on the following roll call vote:
AYES: Council Members Romero, Williams and Mayor Settle
NOES: Council Members Roalmanaand Smith
ABSENT: None
Mayor Allen K. Settle
ATTEST:
)ty Clerk nni L. Glwf
APPROVED:
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EXHIBIT
Land Use
Zoning
EXHIBIT A — LAND USE AND ZONING