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HomeMy WebLinkAbout1355ORDINANCE NO. 1355 (1999 Series) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A PRELIMINARY DEVELOPMENT PLAN FOR REDEVELOPMENT OF THE CENTRAL COAST MALL LOCATED AT 321 MADONNA ROAD (ER, PD 87 -99) WHEREAS, the Planning Commission conducted a public hearing on June 23, 1999, and reviewed and commented on the initial study of environmental impact, and recommended approval of the preliminary development plan (ER, PD 87 -99) for the Central Coast Mall located at 321 Madonna Road; and WHEREAS, the Architectural Review Commission conducted a public hearing on July 6, 1999, and granted final approval to design plans for the redevelopment of the Central Coast Mall; and WHEREAS, the City Council conducted a public hearing on August 17, 1999, and has considered testimony of the applicant, interested parties, the records of the Planning Commission and the Architectural Review Commission hearings and actions, and the evaluation and recommendation of staff; and WHEREAS, the City Council finds that the proposed preliminary development plan is consistent with the General Plan and other applicable City ordinances; and WHEREAS, the City Council has considered the draft Negative Declaration of environmental impact as prepared by staff and reviewed by the Planning Commission. BE IT ORDAINED 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 project, and reflects the independent judgment of the City Council. The Council hereby adopts said Negative Declaration and incorporates the following mitigation measures into the project: 1. 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 and issues associated with expansive soils. It shall identify the soil profile on site and provide site preparation recommendations to ensure against unstable soil conditions. Grading and building must be designed and performed in compliance with the soils engineering report. 2. The existing flood zone denoted on the grading plan for the existing shopping center shall be plotted on working drawings submitted for a building permit for the redevelopment project. The finish floor of any affected project buildings shall be raised to a minimum of one foot 0 1355 Ordinance No. 1355 (1999 Series) Page 2 above the 100 -year storm water surface elevation consistent with the City's Flood Damage Prevention Regulations. 3. The project shall include: • bicycle parking and locker facilities for employee use; • outdoor areas that could be used by customers and encourage employees to stay on site during the lunch hour which are wind - protected and contain amenities such as tables and benches; • extensive tree planting in the parking areas to help reduce evaporative emissions from automobiles; and • charging stations for electrical cars in the reconfigured areas of parking lots to the approval of the Community Development Director. 4. To insure that circulation options are planned for in the event that the Dalidio property is developed with the San Luis Marketplace project, the applicant shall execute an agreement, subject to the approval of all other parties having an interest in the property, with the City, to dedicate a temporary construction easement that will allow the developer of the San Luis Marketplace to reconstruct the driveway at the time of development of the San Luis Marketplace. In the event the applicant is unable to obtain the necessary approvals of all other parties having an interest in the property, City may consider whether to use its power of eminent domain to obtain a temporary construction easement pursuant to the Subdivision Map Act ( Government Code Section 66462.5). 5. In order to be consistent with the requirements of the County Airport Land Use Plan, the property owner shall grant an avigation easement for the benefit and protection of the City of San Luis Obispo, the County of San Luis Obispo and the San Luis Obispo County Airport via an avigation easement document available at the Community Development Department. 6. Where feasible, existing mature trees shall be retained and incorporated into the project landscaping plan. Where proposed plans do not allow for the retention of existing trees, the applicant shall incorporate new trees into the landscaping plan to compensate for trees removed to the approval of the Architectural Review Commission. Several existing Coast Live Oak trees are proposed to be removed. The developer shall prepare a plan to the satisfaction of the City Arborist , consistent with the decision of the City's Tree Committee, that provides for the replanting of a sufficient number of existing specimens to nearby Laguna Lake Park. Removal shall be accomplished using a tree spade and all necessary preparatory work under the direct supervision of a certified Arborist. The trees shall be relocated to an area at Laguna Lake Park, or other location deemed acceptable, by the City Arborist and the site shall be prepared to receive said trees as directed by the City Arborist. Trees not replanted shall be replaced with number, size and species satisfactory to the City Arborist. Ordinance No. 1355 (1999 Series) Page 3 7. Site redevelopment shall incorporate the following as feasible: • Skylights to maximize natural day lighting. • Operable windows to maximize natural ventilation. • Energy- efficient lighting systems for both interior and exterior use. 8. The applicant shall demonstrate that required fire flow is in accordance with the California Fire Code Appendix III -A, Fire Flow Requirements for Buildings, is provided to the satisfaction of the City's Fire Marshal. 9. To help reduce the waste stream generated by this project: a. Site development shall include convenient facilities for interior and exterior on -site recycling. b. The project shall include a solid waste recycling plan for recycling discarded materials, such as concrete, sheetrock, wood, and metals, from the demolition of existing buildings and proposed construction. The plan must be submitted for approval by the City's Solid Waste Coordinator or the Community Development Director, prior to the demolition or building permit issuance. c. Recycled- content materials shall be used in structural and decorative building components and in surfacing wherever feasible. 10. 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. 11. 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. SECTION 2. Findings. That this Council, after consideration of the preliminary development plan, makes the following findings: Because of the efforts to add more pedestrian- friendly improvements, features of the particular design achieve the intent of conventional standards (privacy, usable open space, adequate parking, compatibility with neighborhood character, and so on) as well as or better than the standards themselves since the project does comply with the property development standards for the C -R zone included in the zoning regulations. Ordinance No. 1355 (1999 Series) Page 4 2. It incorporates features which result in consumption of less materials, energy or water than conventional development because of the required charging stations for electrical cars and programs for reuse and reduction of waste materials. 3. Consistent with City goals to minimize sprawl and to keep a compact urban form, the proposed project rehabilitates an existing retail commercial site, rather than developing vacant land. 4. The proposed project provides exceptional public benefits such as parking, open space, landscaping, and other special amenities, and specifically including public art, because of the developer's funding and space contribution. 5. The project, which is the redevelopment of an already developed commercial site with similar types of retail uses, is appropriate in this General Retail commercial setting, will be compatible with surrounding development and will contribute to the quality of life in San Luis Obispo. 6. The project which includes a proposed new pedestrian linkage boulevard between proposed building pads to link the project with the Madonna Plaza Shopping Center, is consistent with Land Use Element Policy 3.7. 10 which encourages more cohesion between the existing shopping centers on Madonna Road. 7. The project will add interest to the shopping center and help achieve goals to make the center more pedestrian - friendly. 8. Mitigation measures established for the project (ER 87 -99) have been reviewed and adequately address potential impacts resulting from the redevelopment of a retail commercial project on this site. SECTION 3. Action. The preliminary development plan for property located at 321 Madonna Road, is hereby approved, subject to the following conditions, and code requirements: Conditions 1. Within six months of approval of the preliminary development plan, the applicant shall file a final development plan, as required by the Zoning Regulations, for consideration by the Community Development Director. The final development plan shall include all items required for final architectural review and final architectural review shall have been conducted prior to Director consideration. The final development plan shall be effective only after approval by the Director. 2. The final development plan shall in general conform with the preliminary site plan dated June 11, 1999, and indicating the following: Ordinance No. 1355 (1999 Series) Page 5 USE Retail Shops MAXIMUM GROSS BUILDING AREA 222,400 square feet Pads for existing freestanding buildings (near Madonna) 30,600 square feet Total 253,000 square feet When actual tenants are secured and the project is built, there may be some variation in the sizes of proposed buildings from what is shown on current plans to the review and approval of the Community Development Director. However, the total gross building floor area shall not exceed 253,000 square feet by more than 2% without the processing of a planned Development Amendment subject to the approval of the Planning Commission. 3. For consistency with Land Use Element Policy 4.3 which seeks to maintain the downtown as the entertainment center of the community, theater uses are not allowed to be established at the project site. 4. The separation between the "Shops" and "Major Tenant C" must be a minimum of 20 feet. The landscape strip along the Dalidio Drive frontage shall have a minimum width of 18 feet, measured from the property line. This frontage landscaping shall be planted with a combination of groundcover, shrubs and trees which at maturity will be in scale with the buildings and which will provide a variety of colors and forms and which will be suitable for and provide protection in a windy setting. 6. Parking for about 1,290 cars is shown on plans dated 6 -11 -99 which translates to a parking ratio of one space for each 258 square feet of gross building floor area. The ARC in reviewing precise development plans may need to further reduce the number of parking spaces to provide landscaping, pedestrian pathways or other site amenities. Any reductions in the number of on -site parking shall not result in a parking ratio of less than one space for each 300 square feet of gross building floor area. 7. A total of 38 motorcycle spaces as shown on plans is approved to accommodate site development as redeveloped. Precise locations of required short-term bicycle spaces in racks near the entries to buildings shall be to the approval of the Public Works Department (Transportation Division) and Community Development Department (Planning) staffs, based on input from the Architectural Review Commission. Ordinance No. 1355 (1999 Series) Page 6 9. The project shall provide long -term bicycle spaces for all clusters of buildings, either in a designated storage area in the building or in fully- enclosed lockers, to the approval of the Public Works Department (Transportation Division) and Community Development Department (Planning) staffs, based on input from the Architectural Review Commission. 10. The total project shall be compatible with the existing and proposed buildings at Madonna Road Plaza, through design, building orientation and location, and with provisions for pedestrian circulation, to the approval of the Architectural Review Commission and City Council. 11. Walkways along pedestrian linkages through the parking lot shall be a minimum of 4 feet in width consistent with Title 24, Accessibility Code. The developer shall use best efforts to provide continuous pedestrian circulation within the project and its linkages to other proj ects. 12. Parking lot lighting shall provide adequate illumination for safety and shall be designed to direct light downward to minimize sky glare and horizontal glare and in scale with the surrounding area. The reuse of existing parking lot lights which are 38 feet in height is supported as long as existing illumination levels are maintained. 13. When specific tenants are known, a comprehensive sign program, indicating location, size, materials, copy, and lighting of all proposed signs, shall be submitted for the review and approval of the Architectural Review Commission. Signing shall be compatible throughout the project. 14. A landscaped buffer area shall be provided along the southern edge of the project between the parking lot and the adjacent agricultural land. Specific planting proposals shall be to the review and approval of the Architectural Review Commission. 15. Prior to the removal of any trees along the Dalidio frontage between the back of the future sidewalk and proposed buildings, the applicant shall submit adequate information for the City Arborist to evaluate proposed tree removals. This information shall consist of cross - sections, at those locations where plans indicate that the existing street trees cannot be saved, showing existing and finished grades, as well as accurate base elevations and locations of the existing trees. 16. Street trees along El Mercado and Dalidio Dr. (Prado Rd) frontages shall meet City standards as to size and species to the satisfaction of the City Arborist, with consideration for existing utilities. 17. Trees shall be provided within parking rows, separated by not more than six spaces, and at the ends of each row. Trees shall be planted in deep -root, protected planters. The types of trees shall be recommended by the City Arborist and approved by the Architectural Review Ordinance No. 1355 (1999 Series) Page 7 Commission (broad canopy trees are to be used in parking areas). Exceptions to the spacing of planters shall be to the review and approval of the Architectural Review Commission. 18. Any applications for subdivisions which may be required as a result of proposed sale or lease of parts of the development shall indicate the relationship of proposed parcels to the total site, access and utility easements, and parking sufficient for the uses on individual parcels. At the time of filing any required map, the applicant shall provide a draft reciprocal easement agreement for review and approval by the Community Development Department and the City Attorney. 19. Downstream erosion control measures may be required by the City Engineer as a condition of grading approval. 20. Earth- moving equipment and truck traffic are to use Madonna Road north of El Mercado and avoid residential parts of Madonna Road and Los Osos Valley Road. 21. The street right -of -way line is 3 ft. behind the curb face along El Mercado. Interlocking decorative pavers may be installed within El Mercado at its intersection with the new pedestrian walkway between Major Tenant C and the shops building. The decorative paving section shall be designed by the developer's engineer, consistent with the City standard structural sections, and submitted for review and approval by the Director of Public Works. The City will maintain this decorative paving upon acceptance of the work. 22. Dalidio Dr. is currently a private St. southerly of the main Dalidio Dr. mall entrance near the Post Office. The remainder is offered for public street purposes, but not yet accepted by the City until completion of the street and additional right -of -way from the adjacent property owner. An easement exists for the maintenance of the existing public water main and public utilities. Standard 6 ft. sidewalk shall be constructed along this frontage with the project, unless a postponement or waiver is approved by the Public Works Director as a result of an approved realignment of Dalidio Dr. in conjunction with the proposed "Market Place" proj ect. 23. There are two existing oil separators in Dalidio Drive (adjacent to the 2 northerly driveways) that serve the existing mall development. Drainage from the modified parking lot, driveways and buildings must conform to the existing pattern or modified as needed, to the satisfaction of the Public Works and Community Development Departments. Any proposed changes must consider any resulting changes in the 100 -year floodplain. 24. The redevelopment of the site may trigger the Utilities Department Sewer Lateral Abandonment Policy. This policy states that sewer laterals must be abandoned at the main prior to any demolition or reconstruction unless the lateral is intended for reuse and it passes a video inspection. If the sewer lateral is intended for reuse, the owner shall submit a VHS video tape documenting the internal condition of the pipe for Utilities Department approval. Ordinance No. 1355 (1999 Series) Page 8 25. Any occupancy by the following office uses: attorneys, accountants, investment brokers, realtors, appraisers, and government agencies offices and meeting rooms, shall only be allowed at the site with the review and approval of an administrative use permit. 26. The applicant shall contribute $10,000 for public art to the satisfaction of the City and the developer. Code Requirements A water allocation may be required. Currently, a water allocation can only be obtained through the water retrofit program. The City's Water Conservation division can help in determining the needed allocation and the necessary number of retrofits. 2. If additional water meters are needed or if any water meters need to be up- sized, Water and Wastewater Impact Fees will be charged. The cost of developing an allocation through retrofit could offset a portion of the required Water Impact Fee according to appropriate City policies. The project will receive a credit for any water meters that are no longer needed and are subsequently removed. 3. The owner's engineer shall submit wastewater generation calculations so that the City can make a determination as to the adequacy of the supporting infrastructure. If it is discovered that an off -site deficiency exists, the owner will be required to mitigate the deficiency as a part of the overall project. It is already known that the Laguna Lift Station is beyond capacity. However, the City expects to have a replacement lift station with adequate capacity constructed by 2001. 4. Depending on occupancy, some buildings may need to have oil /sand separators or other wastewater pre- treatment systems to the satisfaction of the City's Industrial Waste Coordinator. 5. All existing fire sprinkler systems, fire alarm systems, fire hydrant systems, fire protection systems and appliances shall be modified to address the requirements of proposed occupancies. Fire hydrants shall be installed in accordance with the California Fire Code Appendix III -B, Fire Hydrant Locations and Distribution. 6. Where minimum required fire access width is provided, curbs shall be painted red with appropriate signage installed to prohibit parking. 7. Fire sprinkler and alarm systems in the existing buildings shall not be compromised or removed from service during the demolition or remodel process. 8. Buildings undergoing construction, alteration, or demolition shall be in accordance with Article 87 of the California Fire Code. Ordinance No. 1355 (1999 Series) Page 9 9. All public facilities shall fall within proposed easements or property deeded to the City. 10. The existing groundwater well used for landscape irrigation shall be plotted on plans. The Utilities Department shall verify that it meets all code requirements including appropriate backflow devices. 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 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 on the 17th day of August 1999 AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 7 "' day of September 1999 on the following roll call vote: AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero, and Mayor Settle NOES: None ABSENT: None Lee Price, City Clerk APPROVED AS TO FORM: Mal ? ty 0 Vto e &IXG. Jorgensen Mayor Allen Settle 4�m)2 Troe