HomeMy WebLinkAbout1393ORDINANCE NO. 1393 (2001 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE OFFICIAL ZONING MAP TO PREZONE APPROXIMATELY 13
ACRES SERVICE - COMMERCIAL WITH THE PLANNED DEVELOPMENT
OVERLAY (C -S -PD) AT 710 AEROVISTA (ANNX/ ER/ PD 09 -01)
WHEREAS, the Planning Commission conducted a public hearing on May 9, 2001, and
recommended prezoning the site Service - Commercial with the Planned Development Overlay
zoning (C -S -PD) as shown on Exhibit A and described in Exhibit B; and
WHEREAS, the City Council conducted a public hearing on, July 10, 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 in accordance with Section
65800 et. Seq. of the California Government Code; and
WHEREAS, the City Council finds that the proposed prezoning is consistent with the
General Plan, the purposes of the Zoning Regulations, and other applicable City ordinances; and
WHEREAS, the City Council has considered the project's Mitigated Negative
Declaration of environmental impact as prepared by staff and reviewed by the Planning
Commission; and
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 Mitigated Negative Declaration adequately addresses the potential significant
environmental impacts of the proposed annexation and prezoning, 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 D.
SECTION 2. The City Council makes the following findings:
1. The annexation and prezoning are consistent with the General Plan, including policies
regarding the location of services and manufacturing uses.
2. Prezoning the annexation area C -S -PD will be compatible with existing and allowed land
uses in the area because the approved list of uses complies with the draft Business Park
and the established Service Commercial use matrixes.
3. Prezoning the annexation area C -S -PD is consistent with the intended uses for this portion
of the Broad Street corridor and will be compatible with existing and allowed land uses in
the area.
4. Prezoning the annexation area C -S -PD will ensure that uses allowed are compatible with
the Airport Land Use Plan for the airport.
01393
Ordinance No. 1393 (2(.,;j Series)
Page 2
SECTION 3. The annexation area shall be prezoned Service Commercial with a Planned
Development Overlay (C -S -PD) as shown on the attached map marked Exhibit A, as described in
the attached legal description marked Exhibit B, and with the attached list of allowed uses
marked Exhibit C.
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 upon final approval of annexation of the site by the Local Agency Formation
Commission.
INTRODUCED on the 10TH day of July 2001, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 3rd day of August 2001 on the following roll call
vote:
AYES:
NOES:
ABSENT:
Council Members Marx, Schwartz, Vice Mayor Ewan and Mayor Settle
Council Member Mulholland
None
APPROVED AS TO FORM:
�Zty tome Jef (/y G orgensen
ayor Allen Settle
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EXHIBIT B EXHIBIT B
Ordinance No. 1393
Annexation #65
to the City of San Luis Obispo
Legal Description
Parcel 1 of Parcel Map CO 89 -319 as shown on map filed in Book 54 of Parcel Maps at page 61,
filed in the Recorder's Office of San Luis Obispo County, California together with
Parcels 1, 2 and 3 of Amending Parcel Map COAL 00 -136 as shown on map filed in Book 55 of
Parcel Maps at page 56, filed in said County Recorder's Office.
EXCEPTING therefrom the right -of -way for Aerovista Place as shown on said parcel map being
included within Annexation #64 being processed concurrently.
The above - described parcel is graphically shown on the Annexation Exhibit Map attached hereto
and made a part hereof.
E:\2000 \1800033 AeroVista\Annexation\Annexa(ion Legal Description.doc
April 12, 20012:35 PM
EXHIBIT C
EXHIBIT
Ordinance No. 1393
Volnv Annexation PD 09 -01: Recommended Uses
Type of Use
C -S zone
Business Park
Staff
Volny Annx 09 -01
Present zoning
Proposed in Airport
Area Specific Plan
Recommendation
Advertising and related services
A
A
A
Airports and related services
PC
D
PC
Ambulance services
A
D'
Dt
Amusement arcades (video
A
--
--
games)
Amusement park, fairgrounds
PC
--
--
Animal hospitals, boarding and
A
--
--
grooming (small animals)
Animals hospitals, boarding
and grooming (large animals)
D
--
--
Antennas — municipal,
commercial, and public utility
D
D
D
broadcasting and wireless
communications
subject to Airport Land
Use Commission
approval
Athletic and health clubs,
A
D'
D'
fitness centers, game courts,
and other recreational facilities
— indoor
Audio and video production
NL
A
A
studios
Auto repair and related services
A
--
--
(body, brake, transmission,
muffler shops; painting, etc.)
Auto sound system installation
A
Banks, savings Moan, credit
D
D'
D
union or finance company —
Customer service branch
Corporate or regional
A
administrative office
Broadcast studios
A
A
A
Building and landscape
A
PC
PC
maintenance services
Cabinet and carpentry shops
D
Caretakers quarters
A
D
D
Car rental as an exclusive use
--
--
D
Volny Annexation 09 -01
Recommended Uses
Page 2
EXHTBT'' C
Ordinance No. 1393
Type of Use
C -S zone
Business Park
Staff
Volny Annx 09 -01
Present zoning
g
proposed in Airport Area Specific Plan
Recommendation
Carwash — self - service or
p
mechanical
Catering services
A
Cemeteries, mausoleums,
PC
columbariums
Churches, synagogues, temples
D3
_-
__3
Circus, carnival, fair, festival,
D
parades
Computer services
A
A
A4
Concurrent sales of alcoholic
D
beverage and motor fuel
Construction Activities
A
A
A
(Section 17.08.010G).
Contractor's yards
A
Convenience facilities
primarily to serve workers in
the area, which may include the
following (see also separate
retail and service listings):
See day care
t
D
3
Child or elderly care, each
--
facility having up to 5,000 sf gross
floor area(GFA)
.......................................................................................................................
Sales of business and office
........................................
A
.............................. .....................................................................
Dt
...............................
Dt
supplies (up to 5,000 sf GFA)
......Barbers, .hair
stylists, manicurist ....
................. .......D.......................
.............................. pi ..............................
................................. Di.. ...............................
tanning salon
(2,000 sf GFA each)
...............................................................................................................................................................................................................................................................................
Bicycle sales & repair (2,000 sf
A
D
...............................
D
GFA each)
...................................................................................................................................................................................................................................................................................
Branch of bank, savings & loan,
D
pl
...............................
Dl
or credit union
(2,000 sf GFA each)
...................................................................................................................................................................................................................................................................................
Laundry or dry- cleaning (2,000 sf
See laundry below
Di
...............................
Dl
GFA each)
Retail sales of food, publications,
__
Dl
Dt
and sundries (2,000 sf GFA each)
Credit reporting and collection
A
A
A
Credit Union and Finance
--
__
D5
Delivery and courier services
D
D
Det. and security services
A
Drive -in theaters
PC
Employment agencies
--
p
Equipment Rental
A
--
--
A = Allowed use
D = Allowable with Administrative Use Permit
PC = .Allowable with Planning Commission Use Permit
-- = Use not Allowed
NL = New Listing
Vo.lny Annexation 09 -0 1
Recommended Uses
Page 3
Ordinance No. j�*IT C
Type of Use
C -S zone
Business Park
Staff
Volny Annx 09 -01
Present zoning
roposed in Airport Area Specific
Specific Plan
Recommendation
Exterminators and fumigators
A
Feed stores and farm supplies
A
Florists
Food bank and package food
D
distribution centers
Gas distributors -- containerized
D
(butane, propane, oxygen, etc.)
Government agency offices and
--
D
D5
meeting rooms.
offices pertaining to airport
operations and transportation
admin. only
Homeless shelters
PC
__
__
Hot tubs — commercial
PC
Hotels or motels
__6
PC,
__3
Insurance services (local)
-_
D5
D5
Insurance services (regional)
__
D5
Ds
Laboratories for medical or
A
A
A
analytical research
Laundry /dry cleaner
• cleaning plant
A
__
See convenience facilities
• pick -up point
A
• self - service
D
Manufacturing— food,
beverages; ice, apparel,
electronic, optical,
instrumentation products;
D
A9
D9
jewelry; musical
Mineral Extraction
PC
Mortuaries
Nightclubs, discotheques
PC
Offices - contractors and
A
A
A
construction management
Offices - architecture,
A
A
A
engineering, interior design
Offices (professional)
counselors, accountants, invest.
7
brokers, appraisers
--
Organizations (professional,
religious, political, labor,
D
3
fraternal, trade, youth, etc.)
D
--
offices and meeting rooms
Parking (as a principal use)
D8
A = Allowed use
D = Allowable with Administrative Use Permit
PC = Allowable with Planning Commission Use permit
-- = Use not Allowed
NL = New Listing
Volny Annexation 09 -01
Recommended Uses
Page 4
EXHIBIT C
Ordinance No. 1393
Type of Use
C -S zone
Business Park
Staff
Volny Annx 09 -01
Present zoning
proposed in Airport Area Specific Plan
Recommendation
Photocopy services and quick
A
A
A
printers
Photo finishing - retail
A
D'
D'
Photo finishing - wholesale;
blue - printing and microfilming
service
A
A
A
Photographic studios
A
Police or fire stations or
__
PC'
training facilities
Post offices and public and
A
private postal services
Printing and publishing subject
A
PC
A
to limitations for manufacturing
uses
Printing and publishing
A
PC
PC
generally
Produce stand
A
Public assembly facilities
(community meeting rooms,
PC
D'
3
auditorium, convention halls)
-'
Recycling -bulk receiving,
NL
sorting, storage
Recreation facilities - indoor
A
D'
D'
Recreation facilities - outdoor
A
Amusement facilities- outdoor —
PC
low intensity (golf)
Amusement facilities- outdoor-
med. Intensity (golf driving
PC
--
'-
range, play lot)
Amusement facilities- outdoor-
high Intensity (sports field, rec.
PC
--
center, amusement park)
Railroad yards and stations
D
--
--
Repair services (office and
A
D
D
business equipment)
Research & development —
services, software, consumer
A
A
A
products, instruments, office
equipment, and similar items
Research & development —
transportation equipment,
PC
D
D
weapons, metals, building , etc.
Restaurants, sandwich shops,
D
--
D'
take -out food, etc.
See convenience facilities
A = Allowed use
D = Allowable with Administrative Use Permit
PC = Allowable with Planning Commission Use Permit
-- = Use not Allowed
NL = New Listing
Volny Annexation 09 -01
Recommended Uses
Page 5
Ordinance No. IS#I13IT C
Type of Use
C -S zone
Business Park
Staff
Voln Annx 09 -01
y
Present zoning
proposed in Airport Area
Specific Plan
Recommendation
Retail sales — convenience
D
D'
stores
See convenience facilities
Retail sales — outdoor sales of
building materials and
A
--
gardening supplies
--
(lumberyards, nurseries)
Retail sales — indoor sales of
building materials and
A
--
gardening supplies (floor, paint;
'-
glass).
Retail sales — appliances,
furniture and furnishings,
musical instruments; data
processing equipment,
A
business, office and medical
equipment stores; sporting
goods, outdoor supply.
Retail sales and repair of
A
D'
bicycles
See convenience facilities
See convenience facilities
Retail sales and rental — autos,
A
trucks, , RV's
Retail sales — auto parts and
accessories except tires and
A
--
batteries as principal use
'-
Retail sales — tires and batteries
A.
Retail sales and rental — boats,
A
--
D
aircraft, mobile homes, etc.
Aircraft only
Retail sales - groceries, liquor
D'
and specialized foods (bakery,
D
--
See convenience facilities
etc.)
Retail sales- neighborhood
D
grocery
Retail sales - warehouse stores
* 45,000 sq.ft. or less gross floor
D
area per establishment.
*more than 45,000 sq.ft. per
establishment.
PC
Schools
*Colleges /universities
3
*Business, trade, recreational, or
D
3
other specialized school
-'
Secretarial and related services
D
D
D
such as transcribing, telephone
answering
A = Allowed use
D = Allowable with Administrative Use Permit
PC = Allowable with Planning Commission Use Permit
-- = Use not Allowed
NL = New Listing
Volny Annexation 09 -o I
Recommended Uses
Page 6
EXHIBIT C
Ordinance No. 1393
Type of Use
Volny Annx 09 -01
C -S zone
Present zoning
Business Park
proposed in Airport Area
Specific Plan
Staff
Recommendation
Service stations
A
Skating Rinks
PC
Social services (see also
organizations)
__
D
Stadiums
PC
Swap meets
PC
Swimming pools (public)
PC
Tallow works (rendering plant)
Tattoo parlors
D
Temporary real estate offices in
tract
Temporary sales
D
__
As provided in the zoning
regulations
Temporary uses
D
__
As provided in the zoning
regulations
Ticket or travel agencies, and
management of charters or
tours
D
D
D
Tire recapping
A
Title companies
__
D
Ds
Trailer rental
A
Trucking /taxi service
A
Utility company — Customer
account services
-_
D
Utility company — Corp yards
A
Utility company — Engineering
and administration offices
D
A
D
Vending machines
Veterinarians
D
Warehousing, distribution,
I moving, mini - storage as a
principal use
A
PC,
Water treatment services
A
Wholesale (excluding fuel
dealer) and mail order
A
PC,
Di
Wholesale fuel dealers
NL
A = Allowccl use
D = Allowable with Administrative Use Permit
PC = Allowable with Planning Commission Use Permit
-- = Use not Allowed
NL = New Listing
Volny Annexation 09 -01
Recommended Uses
Page 7
Notes:
Ordinance Nd- ,AFBMT c
The following activities are secondary uses for business parks. Within the project site, their
combined floor area shall not exceed 25 percent of the total floor area. Some are also subject
to limits on individual floor area.
• Ambulance service
• Athletic and health clubs
• Bicycle repair (max. 2,000 square feet of floor area)
• Branch of bank, savings & loan, credit union, finance company (2,000 square feet per
use). Regional or corporate administrative offices are not subject to this area limit.
• Photo finishing - retail
• Retail sales of food, publications, sundries (2,000 square feet of floor area per use)
• Sale, rental of business and office supplies (5,000 square feet of floor area per use)
• Wholesaling, mail order (as freestanding uses)
2. Branch bank only
3. Use prohibited by the Airport Land Use Plan (incompatible with ALUP Area 4).
4. Computer services limited to data processing and technical support.
5. Allowable with administrative use permit with documentation of limited public visitation.
6. Presently inconsistent with General Plan, but expected to be added with adoption of the
Airport Area Specific Plan and amendment to land use designations and zoning to Business
Park.
7. Zoning Regulations allow large offices (min. 2,500 sf floor area per tenant) with PD Overlay.
8. Zoning Regulations allow parking as a principal use with exceptions to certain development
standards.
9. Manufacturing uses are limited to those involving minimal toxic materials or wastes and low
shipping volume (shipping or receiving less than 400 cubic meters [ 14,000 cubic feet] of
truck or container space per day); typical products would be specialty foods, beverages, or
apparel; electronic, optical, or instrumentation products; jewelry; musical instruments;
sporting goods; art materials.
EXHIBIT 1}
A- li(- it Acceptance of Mitigat' 1 i, asures
Project: ER 9 -01 Ordinance No. 1393
710 Aerovista Drive
This agreement is entered into by and between the City of San Luis Obispo and Volny
Investment Company on the a +L1 day of l`'(q 2001.
The following measures are included in the project to mitigate dv erse
environmental impacts. Please sign the original and return it to the Community
Development Department.
MITIGATION MEASURES:
Aesthetics
1. Exterior lighting shall be directed downward and not spill onto adjoining properties.
The maximum height of lighting equipment and supporting structures, including
fixture(s), standard and base, shall not be higher than 20 feet above the finished
grade. Lighting levels measured at finished grade directly beneath the fixture shall
not exceed 10 footcandles.
2. Any future development shall be subject to the architectural review process to
ensure against negative aesthetic impacts and compliance with City development
standards including the Scenic Highways section of the Circulation Element.
Air Quality
3. Any future development project shall include:
• bicycle parking located close to door openings of all buildings.
• bicycle locker and shower facilities for tenants;
• provide convenient pedestrian access to the nearest bus shelter;
• outdoor and indoor employee rest and eating areas 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,
• shade tree planting in parking lots to reduce evaporative emissions from parked
vehicles;
• double paned windows, energy efficient interior lighting, sodium parking lot lights;
• Provision and installation of an electrical vehicle charging outlet and
• Increased wall and attic insulation beyond Title 24 requirements.
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 features.
lviiugauon Hgreement - t J -Ul
Page 2
Cultural Resources
Ordinance No F-fl#YIT D
4. If significant archaeological materials are discovered during grading and
construction, all construction activities that may damage those materials shall
immediately cease. The project sponsor shall then propose specific mitigation
based on a qualified archaeologist's recommendations. The Director shall approve,
approve with changes, or reject the mitigation proposal (if found incomplete,
infeasible, or unlikely to reduce adverse impacts to an acceptable level). If the
proposal is approved, the project sponsor shall implement mitigation, to the
satisfaction of the Director. A copy of the archaeologist's recommendations and the
Director's decision will be forwarded to the Cultural Heritage Committee.
Energy and Mineral Resources
5. New buildings constructed on this site 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.
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.
Geology and Soils
6. A detailed soils engineering report shall be submitted as part of any grading and
building permit application. The soils report shall include data regarding the nature,
distribution and strength of the existing soils, conclusions and recommendations for
grading procedures and design criteria for corrective measures, when necessary.
Grading and building must be designed and performed in compliance with the soils
engineering report and the City's grading regulations.
Hydrology and Water Quality
7. The applicant shall provide the Director of Public Works with a detailed hydraulic
analysis, which indicates how the project will be designed to comply with the City's
drainage policies. The analysis must address and identify the existing public and
private drainage facilities and creek capacities in order to provide design criteria
that meet City standards. The proposed development shall not create a situation,
which increases the flooding potential downstream.
Land Use and Planning
8. Future site development approvals shall include the following conditions:
Dviy
o� �
IV iu�Ja Li IL - C J -V 1
Page 3
EXHIBIT D
• Soundproofing shall be added to reduce indoor noise ffi' NR bYdrations,
where required by the City's Noise Element and the San Luis Obispo County
Airport Land Use Plan.
• The property owner shall grant an avigation easement for the protection of the
San Luis Obispo Airport, the City of San Luis Obispo and the County of San
Luis Obispo.
• All project occupants and land uses shall comply with the compatible land use
matrix of the San Luis Obispo Airport Land Use Plan (ie. churches may not be
allowed). - -
• Any and all use of Airport Drive is subject to review and approval by the County
General Services Department and the Airport Manager.
• All exterior lighting shall be shielded down - lights that do not shine skyward or
interfere with aircraft flights or aircraft operations. Search lights and strobe
lights shall be prohibited.
Nni-qP
9. The project shall include mitigation measures recommended in the noise report
prepared for this project by David Lord, dated March 14, 2001, or equivalent
measures to achieve an interior sound level of 45 dBA and an exterior sound level
of 60 dBA in outdoor break areas to the satisfaction of the Chief Building Official.
Utilities and service Systems
10. Existing and future site development shall incorporate convenient facilities for
interior and exterior on -site recycling. A description of current recycling efforts and
any plans to expand those efforts shall be submitted to the Community
Development Department prior to City Council review of the annexation request.
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.
Please note that section 15070 (b) (1) of the California Administrative Code requires the
applicant to agree to the above mitigation measures before the proposed Mitigated
Negative Declaration is released for public review. This prof t will not be scheduled
for public review and hearing until this signed of nal is returned to the
Community Development Department.
ohp andevil e Represent
Community Development Director Volny Inve
by: Ronald Whisenand
Development Review Manager
for:
-it Company
MWI
Office of the CITY CLERK
CERTIFICATION
I, Lee Price, City Clerk of the City of San Luis Obispo, do hereby certify that the
foregoing is the true and correct original of Ordinance No. 1393 adopted by the San Luis
Obispo City Council at a regular meeting thereof held on August 3, 2001 and that it has
been duly published pursuant to the City Charter and State Law.
DATED: ?121016
Lee Price, C.M.C.
City Clerk
City of San Luis Obispo, California