HomeMy WebLinkAbout1386ORDINANCE NO. 1386 (2001 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE ZONING MAP FROM MEDIUM - DENSITY RESIDENTIAL WITH A
SPECIFIC PLAN OVERLAY (R -2 -SP) AND SERVICE - COMMERCIAL (C -S)
TO SERVICE - COMMERCIAL MIXED USE WITH A SPECIFIC PLAN OVERLAY
ZONE (C- S- MU -SP)
FOR PROPERTY LOCATED AT 811 EL CAPITAN (GP/WU/ER 108 -00)
WHEREAS, the Planning Commission conducted a public hearing on January 24, 2001,
and recommended approval of the rezoning (R 108 -00) to change the designation on the City's
zoning map from Medium - Density Residential with a Specific Plan overlay and Service -
Commercial to Service - Commercial Mixed Use with a Specific Plan overlay zone, for property
located at 811 El Capitan; and
WHEREAS, the City Council conducted a public hearing on, March 6, 2001, and April
24, 2001, and has considered testimony 'of the applicant, interested parties, the records of the
Planning Commission hearings and actions, and the evaluation and recommendation of staff; and
WHEREAS, the City Council finds that the proposed rezoning 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 with Mitigation Measures as prepared by staff and reviewed by the
Planning Commission.
NOW, THEREFORE, 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 with Mitigation Measures and Monitoring Program
adequately addresses the potential significant environmental impacts of the proposed rezoning,
and reflects the independent judgment of the City Council. The Council hereby adopts said
Negative Declaration with Mitigation Measures and Monitoring Program as outlined in the
attached Exhibit B.
SECTION 2. Findings. That this Council, after consideration of the proposed rezoning
from Medium - Density Residential with a Specific Plan overlay and Service - Commercial to
Service - Commercial with the Mixed Use overlay zoning, for property located at 811 El Capitan,
makes the following findings:
1. The proposed rezoning is consistent with the goals and policies of the General Plan,
specifically Land Use Element Policy 3.7, Mixed Uses, which states that "Compatible mixed
uses in commercial districts should be supported. "
R 1386
Ordinance No. 1386 (2001 Series)
811 El Capitan
Page 2
2. The proposed uses as stipulated in Use Permit U 108 -00 will comply with the MU zone, are
compatible with each other and their surroundings, and are consistent with the General Plan
(SLO Municipal Code Section 17.55.020C.).
3. The project is consistent with the purpose of the Mixed Use zone which is to allow the
combining of residential and commercial uses on a single parcel.
4. A Negative Declaration with Mitigation Measures was prepared by the Community
Development Department on December 27, 2000, which describes potentially significant
environmental impacts associated with the proposed rezoning and associated project
development. The Negative Declaration concludes that the project will not have a significant
adverse impact on the environment subject to the mitigation measures shown in the attached
Exhibit B being incorporated into the project.
SECTION 3. Action. The request to change the City's zoning map designation from
Medium- Density Residential with a Specific Plan overlay and Service - Commercial to Service -
Commercial Mixed Use with Specific Plan overlay zoning, for property located at 811 El
Capitan, is hereby approved.
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 and after the approval of a
General Plan Map Amendment (GP/R 108 -00) to change the designation for a portion of the
project site from Medium - Density Residential to Services and Manufacturing.
INTRODUCED on the 24 "' day of April 2001, AND FINALLY ADOPTED by the Council of
the City of San Luis Obispo on the -15t" day of May 200 1, on the following roll call vote:
AYES: Council Members Marx, Schwartz, Vice Mayor Ewan, and Mayor Settle
NOES: Council Member Mulholland
ABSENT: None
Ordinance No. 1386 (2001 Series)
811 El Capitan
Page 3
Lee Price, City Clerk
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Ordinance No. IV6 (2001 Series)
Exhibit B
GP/R/U/ER 108 -00
Page 1 of 7
EXHIBIT B
Mitigation Measures and Monitoring Program for
Mixed Use project at 811 El Capitan
GP/R/U/ER 108 -00
Land Use
1. The General Plan land use map designates creeks as open space. The proposed rezoning
exhibit shall show the areas within the creek corridor — between the top of creek bank
and/or outer edge of riparian vegetation, whichever is greater — as Open Space.
Monitoring Program: Review and action on the proposed rezoning.
Geology
2. The project shall be designed so that building footprints and parking areas are setback
a minimum of 20 feet from the top of bank or edge of riparian vegetation, whichever is
greater, for the small unnamed tributary creek that crosses the southeast corner of the site,
and 35 feet from the top of bank or edge of riparian vegetation, whichever is greater, for
the segment of the tributary of Acacia Creek which flows generally parallel to and on the
easterly side of Broad Street and crosses the southwest corner of the site, consistent with
the creek setback ordinance, and as shown of the Creek Setback Classes Map. Any
request for a lesser setback shall be considered by the Planning Commission and City
Council together with the application for rezoning.
3. Site grading and improvements shall be designed to direct water away from the top of
bank and shall be consistent with the recommendations in the soils engineering report and
slope stability evaluation prepared by GeoSolutions.
Monitoring Program: Creek setback exceptions require review and approval of a use
permit. The approved creek setback shall be staked with rigid fencing prior to the start of
site grading or demolition. Grading and building plans will be reviewed for compliance
with the soils engineering report and slope stability evaluation prior to issuance of a
permit.
Water
4. Oil and sand separators or other filtering media shall be installed at each drain inlet
intercepting runoff as a means of filtering toxic substances from run off before it enters
the creek through the storm water system. The separator must be regularly maintained to
ensure efficient pollutant removal by the property owner to the satisfaction of the City
Engineer.
5. To be consistent with Land Use Element policy 6.4.7 regarding porous paving, the
project shall comply with the parking and driveway standards for landscaping and use
Ordinance No. 1386 (2001 Series)
Exhibit B
GP/R/U /ER 108 -00
Page 2 of 7
porous paving or decomposed granite for any patio and walkway areas in the creek
setback.
6. Plans submitted for architectural review shall include a detail showing how and where
roof drainage will be conveyed in a non - erosive manner.
7. Plans submitted for consideration by the Architectural Review Commission must
clearly demonstrate how the new buildings will meet the minimum requirements of the
City's Flood Damage and Prevention Regulations, and how any necessary revisions, such
as a change in finish floor elevation, to the preliminary plans submitted for the rezoning
and environmental review application will affect ADA requirements and building height.
Monitoring Program: Architectural approval, building permit issuance, and release of
occupancy.
Air Quality
8. The project shall include to the satisfaction of the APCD and the Community
Development Director:
a. Short- and long -term (lockers) bicycle parking for both the commercial and
residential uses;
b. A pedestrian connection to Broad Street near the apartments (as shown on 6.28.00
plans);
c. Eating facilities and outdoor employee rest area to encourage employees to stay
on site during the lunch hour;
d. Extensive shade tree planting in the parking areas to help reduce evaporative
emissions from automobiles;
e. Sodium lights in the parking lot;
f. Dual- glazed windows;
g. Wall and ceiling insulation to exceed Title 24 requirements; and
h. Energy efficient appliances, furnaces, and wall heaters.
If these features are not included or feasible in the design of new buildings, the project
architect shall document why they were determined to be infeasible. The Community
Development Director shall review this document and make a final decision as to the
feasibility of incorporating these energy conserving features.
Monitoring Program: Architectural approval, building permit issuance, and release of
occupancy.
Biological Resources
9. The applicant shall prepare a creek preservation and maintenance agreement to be
recorded with the County Recorder in a form approved by the City Attorney and the
Community Development Director prior to issuance of any building or grading permit.
Ordinance No. 1386 (2001 Series)
Exhibit B
GP/R/U/ER 108 -00
Page 3 of 7
The agreement shall include the following provisions:
a. Provide for professional, perpetual maintenance of the creek and open space area to
the satisfaction of the City's Natural Resources Manager.
b. Grant to the City the right to maintain the creek and open space area if the property
owner fails to perform, and to assess the property owner for expenses incurred, and
the right of the City to inspect the site to assure conditions of the agreement and
project approval are being met.
c. The creek/open space area shall be maintained by the property owner in
accordance with the creek preservation and maintenance agreement as approved
by the City.
d. Erosion control and revegetation to restore the health of the riparian area
consistent with Land Use Element policies.
Monitoring Program: Review and approval of agreement prior to building permit
issuance.
10. Exterior project lighting at the rear of buildings along the creek shall be limited to
bollard lighting along the proposed path at the top of bank to the satisfaction of the City's
Natural Resource Manager and the Community Development Director.
Monitoring Program: Architectural review and building permit issuance, and release of
occupancy.
Energy
11. New buildings constructed on this site shall incorporate the following as feasible:
a. Energy - efficient lighting systems for both interior and exterior use;
b. Increased wall and attic insulation beyond Title 24 requirements;
c. Skylights or other means of maximizing natural daylighting;
d. Operable windows in employee work and break areas to maximize natural
ventilation;
e. Lighting controls (occupancy and motion sensors); and
f. Dual glazed windows.
If these features are not included or feasible in the design of new buildings, the project
architect shall document why they were determined to be infeasible. The Community
Development Director shall review this document and make a final decision as to the
feasibility of incorporating these energy conserving features.
Monitoring Program: Architectural review and building permit issuance, and release of
occupancy.
Traffic and Circulation
Ordinance No. 19986 (2001 Series)
Exhibit B
GP/R/U/ER 108 -00
Page 4 of 7
12. The property owner shall dedicate the northerly 0.9m (3 feet) of the subject property
along El Capitan for public street purposes to accommodate the adopted right of way
(additional parkway behind sidewalk) and that portion of the northwesterly corner of the
property at the corner of El Capitan & Broad (State Hwy. 227) necessary to accommodate
a new City standard 9.1m (30 ft) radius curb return and handicap ramp, to the satisfaction
of the Director of Public Works and Caltrans.
13. The developer shall install complete frontage improvements along both public street
frontages, consisting of a 6' wide integral sidewalk, curb & gutter, driveway. ramps, a
handicap ramp at the corner, streetlights, a sidewalk incorporated into the Caltrans bridge
(Broad St.) and street pavement (between existing structural pavement and new frontage
improvements), to the satisfaction of the Director of Public Works and Caltrans (Broad
St.).
14. Plans submitted to the Architectural Review Commission shall clearly show to scale
the required right -of -way dedication and frontage improvements relative to the proposed
on -site improvements.
15. The applicant shall apply for a use permit for the proposed parking reduction. Action
on the request shall take into account available public transit, available on- street parking,
the potential impact on the El Capitan residential neighborhood, the location and design
details for long term bicycle parking and related amenities, other amenities to encourage
walking and bicycling to the site, and the likelihood for additional bicycle parking to
offset demand for vehicle spaces.
16. Plans submitted for architectural review shall show long term bicycle parking for
both the commercial area and the apartments that is adequately sized to the satisfaction of
the Public Works Director. The long -term bicycle parking for the commercial uses shall
be installed as part of the shell building construction together with common shower,
toilet, and clothes locker facilities.
17. To avoid interference with Airport operations:
a. The applicant shall grant an avigation easement to the County prior to issuance of
building permits.
b. Project occupants and land uses shall comply with the land use compatibility
matrix of the San Luis Obispo Airport Land Use Plan for properties in the Zone 5.
Conditionally compatible uses (including dwellings) shall occupy no more than
60% of the project floor area.
c. Lease and rental agreements shall disclose that the property is in an airport flight
traffic zone and that noise impacts may occur as a result of this. Such disclosure
statement shall be submitted to the Airport Manager for review and approval prior
to occupancy.
d. Radio transmissions which may interfere with airport operations shall be
Ordinance No. 1?386 (2001 Series)
Exhibit B
GP/R/U/ER 108 -00
Page 5 of 7
prohibited.
e. Soundproofing shall be added to reduce indoor noise from airport operations
consistent with the City Noise Element and Noise Ordinance and the ALUC's
recommended conditions of approval.
f. All exterior lighting shall be shielded down lights that do not shine skyward or
interfere with airport operations. Search lights and strobe lights shall be
prohibited.
Monitoring Program: Architectural review and building permit issuance, and release of
occupancy.
Noise
18. To comply with the City's Noise Element and conditions of approval recommended
by the Airport Land Use Commission:
a. Sleeping areas must be designed to achieve a maximum noise exposure of 40
decibels.
b. Other interior areas must be designed to achieve a maximum noise exposure of 45
decibels.
c. Private residential outdoor spaces must be designed to achieve a maximum noise
exposure of 60 decibels.
d. Common residential/commercial outdoor areas must be designed to achieve a
maximum noise exposure of 65 decibels.
19. The project shall comply with all recommended mitigation measures outlined in the
noise study prepared for this project by Krause Engineering Services, date September 21,
2000, and shall include any additional measures necessary to meet requirements
established by the Airport Land Use Commission.
Monitoring Program: To monitor the effectiveness of mitigation measures, the applicant
shall arrange for a qualified noise consultant to take interior and exterior sound level
readings at the completion of construction and prior to occupancy. The number and
location of readings shall be to the satisfaction of the Community Development Director.
If readings do not meet specified objectives, a qualified noise consultant shall identify
additional measures necessary to meet the objectives. Such measures shall be
incorporated into the project prior to release of occupancy.
Utilities and Service Systems
20. The new buildings shall incorporate facilities for interior and exterior on -site
recycling. Plans submitted for architectural review shall show the exterior location for
collecting recycling from both the commercial users and the on -site residents to the
satisfaction of the garbage collection company.
Ordinance No. 1886 (2001 Series)
Exhibit B
GP/R/U/ER 108 -00
Page 6 of 7
21. A new sewer lateral must be installed and the existing septic system abandoned to the
satisfaction of the Director of Public Works.
22. A plan for recycling demolition and construction material waste shall be submitted
with the demolition and building permit applications for review and approval by the
Community Development Director. If asbestos is present, its removal must comply with
National Emissions Standards for Hazardous Air Pollutants to the satisfaction of the Air
Pollution Control District.
Monitoring Program: Architectural approval, building permit issuance, and release of
occupancy.
Aesthetics
23. The applicant must submit an application for architectural review. The application
shall include a color and materials board with samples of the actual colors and materials
proposed for the buildings and/or color photographic excerpts from manufacturers' cut
sheets depicting the proposed roofing, windows and doors, exterior walls, columns,
exterior lighting, tile, etc. Architectural plans must also include a construction detail of
the mechanical equipment proposed and its roof - mounted installation; a construction
detail of window and sill installation; a detail of the proposed cornice and eave design; a
detail of the proposed upper level columns and the metal awnings on the east elevation of
Building A; a detail of the overflow scuppers for the decks; a detail of short-term bike
racks; a detail of long term bicycle parking in both the commercial area and the
residential units; and any other design detail which the Community Development
Director deems necessary to adequately evaluate the proposed project.
24. Exterior lighting shall be directed downward and not spill onto adjoining properties.
The maximum height of any parking lot lighting, including fixtures, standard and base,
shall not be higher than 15 feet above the finished grade. Lighting levels measured at the
finished grade directly beneath the fixture shall not exceed 10 foot - candles. Any
individual wall - mounted fixtures shall not be located above the first floor of the building
and shall direct light downward. Exterior light fixtures shall be subject to review and
approval by the Architectural Review Commission.
Monitoring Program: Architectural approval, building permit issuance, and release of
occupancy. The applicant shall submit a photometric diagram of parking lot lighting for
review and approval as part of the building permit application.
Cultural Resources
25. If any archaeological resources are found during site preparation, all earth -work within
150 feet of object(s) shall cease until the resources have been evaluated by a qualified
Ordinance No. 1386 (2001 Series)
Exhibit B
GP/R/U /ER 108 -00
Page 7 of 7
archaeologist. Any additional mitigation measures recommended by the archaeologist shall
be evaluated by the Community Development Director, and upon Director approval,
implemented by the applicant.
If the Community Development Director or hearing body 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.
Monitoring Program: A qualified archaeologist shall survey the site once demolition and
initial site grading are completed. Prior to foundation inspection, the archaeologist shall
submit a summary report of the survey.
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