HomeMy WebLinkAbout1352ORDINANCE NO. 1352 (1999 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
AMENDING THE ZONING REGULATIONS MAP TO
DESIGNATE A 1.1 -ACRE SITE, ON THE SOUTH SIDE OF
EL CAPITAN WAY, MEDIUM DENSITY RESIDENTIAL -
SPECIFIC PLAN AND CONSERVATION OPEN SPACE -
SPECIFIC PLAN WITH A PLANNED DEVELOPMENT
OVERLAY (R- 2 -SP -PD AND C /OS- SP -PD) PD- 140 -98
WHEREAS, the Planning Commission conducted public hearings on November 18,
1998 and January 13, 1999, and recommended approval of amendments to the City's Zoning
Map; and
WHEREAS, the City Council conducted public hearings on, February 16, 1999 and
April 20, 1999, and has considered testimony of interested parties, the records of the Planning
Commission hearing and action, and the evaluation and recommendation of staff, and
WHEREAS, the City Council finds that the proposed revisions are consistent with the
General Plan, the purposes of the Zoning Regulations, and other applicable City ordinances; and
WHEREAS, the City Council has considered the draft Mitigated Negative Declaration of
environmental impact as prepared by staff and reviewed by the Planning Commission; and
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. The City Council finds and determines that the project's Mitigated
Negative Declaration adequately addresses the potential significant environmental impacts of the
proposed map amendment to the Zoning Regulations, and reflects the independent judgement of
the City Council. The Council hereby adopts said Mitigated Negative Declaration and
incorporates the following mitigation measures into the project:
1. A detailed soils engineering report shall be submitted as part of the grading and
building permit applications. The soils report shall include: data regarding the
nature, distribution and strength of the existing soils, conclusions and
recommendations for grading procedures including such recommendations to ensure
that there are no significant impacts to the creek, and design criteria for corrective
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Ordinance No. 1352 (1999 Series)
PD- 140 -98 (915 El Capitan Way)
Page 2
measures, when necessary. Grading and building must be designed and performed in
compliance with the soils engineering report.
2. A detailed hydrology study indicating the effects of the proposed development on
adjacent and downstream properties is required. The scope of the study must include
analysis of all existing public and private drainage facilities and creek capacities
between this property and an adequate point of disposal and shall make
recommendations for appropriate improvements that will reduce flooding.
If the study identifies any on -site areas subject to 100 -year storm flooding, the
developer shall process and complete a Federal Emergency Management Agency
Letter of Map Amendment (LOMA), or Letter of Map Revision (LOMR) prior to
final acceptance of any development. Any lots or building pads, identified to be
subject to flooding during a 100 -year storm shall be graded to provide minimum pad
elevations of at least 1 foot above the 100 -year storm elevation. All areas subject to
flooding shall be documented.
3. The property owner shall grant an avigation easement to the County of San Luis
Obispo via an avigation easement document prepared by the County.
4. The findings and recommendations of the May 1998 biological survey shall be
incorporated into the final project design and construction.
5. Site development shall include a solid waste recycling plan for recycling discarded
building materials such as concrete, drywall, wood and metals from the construction
site. The plans must be submitted for approval by the Community Development
Director prior to building permit issuance.
6. The final project shall be designed to include interior and exterior recycling.
7. Consistent with Municipal Code Section 15.44.270, 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 constitute the project's dust
management plan and shall remain in, effect during all phases of that project's
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 on -site or
off -site;
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Ordinance No. 1352 (1999 Series)
PD- 140 -98 (915 El Capitan Way)
Page 3
e) Watering material stockpiles; and
f) Periodic washdowns, or mechanical street sweeping, of El Capitan Way in the
vicinity of the construction site.
SECTION 2. The Zoning Regulations map amendment (PD 140 -98) designating a 0.84-
portion of the property to R- 2 -SP -PD and C /OS -SP -PD on the remaining 0.26 -acre portion, as
shown on the attached Exhibit "A ", is hereby approved based on the following findings:
1. The PD rezoning and development plan transfers allowable development, within a site,
from areas of greater environmental sensitivity or hazard to areas of less sensitivity or
hazard; and
2. The proposed project provides exceptional public benefits such as open space and more
affordable single family detached housing than would not be feasible under
conventional development standards.
SECTION 3. The Zoning Regulations map amendment (PD 140 -98) is hereby approved
subject to the following conditions:
1. The unenclosed parking spaces shall be constructed of concrete, asphalt or some other
alternative paving material, to be approved by the Community Development Director.
Alternative paving materials include, but are not limited to: eco- block, interlocking
pavers, cobblestone or other material determined to be of equivalent performance,
strength, quality and durability as concrete.
2. The buildings on lots 1 through 3 shall be moved back to the creek setback limit line to
allow the largest possible front yard setback.
3. The applicant shall submit a more refined landscaping and irrigation plan for
consideration with final review and approval of the development plan.
4. All garages shall be equipped with roll -up garage doors and automatic garage door
openers.
5. All development shall be consistent with the Edna -Islay Specific Plan.
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Ordinance No. 1352 (1999 Series)
PD- 140 -98 (915 El Capitan Way)
Page 4
SECTION 4. 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 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 20th day of April, 1999, on a motion of Council Member
Romero, seconded by Council Member Ewan, and on the following roll call vote:
AYES: Council Members Ewan, Marx, Romero and Schwartz, and Mayor Settle
NOES:.: None
ABSENT: None
Mayor Al en Settle
City Clerk Lee Price
APPROVED AS TO FORM:
J gogensen
JShoals /CC /GearhartPD
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Ordinance No. 1352 (1999 Series)
FINALLY PASSED this 4th day of May, 1999, on motion of Council Member Ewan,
seconded by Vice Mayor Romero, and on the following roll call vote:
AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero, and Mayor
Settle
NOES: None
ABSENT: None
AATEST:
Lee Yrice, umu
City Clerk
01352
Exhibit A
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