Loading...
HomeMy WebLinkAbout1464ORDINANCE NO. 1464 (2004 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING PLANNED DEVELOPMENT ORDINANCE 1393 TO ALLOW AUTO SALES, PD/ER 91 -04 (892 Aerovista Place) WHEREAS, the Planning Commission conducted a public hearing on August 11, 2004 and recommended approval of amendments to the Planned Development Ordinance 1393 to allow auto sales and a revised development plan; and WHEREAS, the City Council conducted a public hearing on October 19, 2004 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 Planned Development amendment 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 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. 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 Planned Development amendment, and reflects the independent judgment of the City Council. The Council hereby adopts said Mitigated Negative Declaration with the following mitigation measures and monitoring programs: Aesthetics 1. All structures 25 feet above average natural grade or taller shall maintain a minimum 40 -foot setback distance from the property line paralleling Broad Street. 2. No freestanding pole signs or monument signs greater than 6 feet in height shall be allowed within 40 feet of the property line parallel to Broad Street. 3. Street trees shall be of a variety and spacing so as not to eliminate views through the site. Trees shall be clustered and appropriately spaced to accomplish this. 4. Lighting shall be designed with full cut -off light shields with all lighting facing downwards. Protruding lenses, or light sources visible from outside the property lines shall not be allowed. 5. Height of pole lights shall be limited to 20 feet including base, pole and fixture. 6. The lighting plan shall include a photometrics plan that demonstrates the light intensity as measured 3 feet above grade directly below the light source and measures light intensity 3 feet above grade at all property lines. The photometrics plan shall demonstrate light levels that are consistent with County Airport Land Use Plan Policies and City Draft Airport Area Specific Plan Policies. 01464 Ordinance No. 1464 (2004 Series) Page 2 7. A landscape plan that includes screening shrubs and trees shall be incorporated at the north and west property lines in order to help eliminate potential light spillage onto adjacent properties. 8. Any display lights other than security lighting shall be reduced or turned off between the hours of 9:00 PM and 6:00 AM. Monitoring Program: Plans submitted for architectural review shall provide a required setbacks and site dimensions. Compliance with the site plan shall be verified through construction plan check and site review. A lighting photometric plan shall be submitted for review and approval by the Community. Development Department as part of the construction plan check. An examination of installed lighting will be analyzed prior to occupancy of the site. A final landscape plan will be reviewed and approved as part of the construction plan check. Installed landscape will be reviewed prior to occupancy release. Air Quality 9. The following dust mitigation measures are required at the start and maintained throughout the duration of the construction or grading activity: a) Construction vehicle speed at the work site must be limited to fifteen (15) miles per hour or less; b) Prior to any ground disturbance, sufficient water must be applied to the area to be disturbed to prevent visible emissions from crossing the property line; c) Areas to be graded or excavated must be kept adequately wetted to prevent visible emissions from crossing the property line; d) Storage piles must be kept adequately wetted, treated with a chemical dust suppressant, or covered when material is not being added to or removed from the pile; e) Equipment must be washed down before moving from the property onto a paved public road; and f) Visible track -out on the paved public road must be cleaned using wet sweeping or a HEPA filter equipped vacuum device within twenty -four (24) hours. g) No person shall engage in any construction or grading operation on property where the area to be disturbed is greater than one (1.0) acre unless an Asbestos Dust Mitigation Plan for the operation has been: Submitted to and approved by the Air Pollution Control District before the start of any construction or grading activity; and the provisions of that dust mitigation plan are implemented at the beginning and maintained throughout the duration of the construction or grading activity. 10. The following mitigation measures are designed to eliminate project operational impacts as suggested by the SLO County APCD: a) Provide on -site bicycle parking. b) Provide on -site eating, refrigeration and food vending facilities to reduce lunchtime trips; Ordinance No. 1464 (2004 Series) Page 3 c) Provide preferential carpool and vanpool parking; and, d) Provide shower and locker facilities to encourage employees to bike and/or walk to work, typically one shower and three lockers for every 25 employees. e) Increase building energy efficiency rating by 10% above what is required by Title 24 requirements. This can be accomplished in a number of ways (increasing attic, wall or floor insulation, etc.). f) If the project is located on an established transit route, improve public transit accessibility by providing transit turnouts with direct pedestrian access to the project or improve existing transit stop amenities. g) Implement a lunchtime shuttle to reduce single occupant vehicle trips. h) Use energy efficient interior lighting. i) Use built -in energy efficient appliances, where applicable. j) Use double -paned windows. • Monitoring Program: Dust mitigation measures shall be clearly indicated on the cover sheet of the approved project plans. A pre - construction meeting shall be required to inform construction crew of site requirements. A site review during the construction phase will occur to ensure compliance with mitigation measures. Operational mitigation measures shall be implemented onto the project plans submitted for building plan check. Cultural Resources 11. During construction, in the event that subsurface cultural or historic material is discovered on the property, all activities shall cease in the affected area until the area is surveyed by an archeologist/historian approved by the City. At that time a subsurface testing program shall be initiated in order to determine the presence or absence of any historic or pre- historic materials on the site. Under the direction of the archaeologist/historian, a mitigation plan shall be developed and approved by the environmental coordinator. • Monitoring Program: Archeological requirements shall be printed clearly onto the site - grading plan and discussed with the general contractor prior to commencement of construction. Hazards and Hazardous Materials 12. Maximum commercial occupancy shall not exceed 150 persons per acre. 13. Above ground bulk fuel storage shall not be allowed at this site. • Monitoring Program: The proposed project does not involve the occupancy of 150 or more persons, nor does it involve above ground fuel storage. Continued monitoring of the project site uses and structures will occur as necessary in order to ensure compliance with the San Luis Obispo County Airport Land Use Plan. Hydrology and Water Quality Ordinance No. 1464 (2004 Series) Page 4 14. All site drainage shall be directed towards the public right of way unless the City approves other provisions. In no cases shall site drainage from parking and auto storage areas be directed towards a storm drain system that enters a creekway unless filtered through a bioswale, fossil filter, oil & water separator or other City approved method. 15. Where feasible, driveways, parking areas or vehicle display areas shall be constructed of pervious materials such as turf block with the intention of increasing on -site water percolation. • Monitoring Program: Plans submitted for architectural review shall provide a grading and drainage plan for the site and show any necessary easements. Driveway surfacing materials shall be shown on the plan submitted for architectural review. Continued compliance with this mitigation measure will be accomplished through final review of the project improvement plans; building and grading plan check; and occupancy release. Noise 16. Loudspeakers, amplified music or other similar devices shall not be allowed as part of the regular business operation. 17. All service equipment such as air compressors, air tools, or similar equipment shall be operated indoors or within an insulated enclosure. 18. Soffit vents, eave vents, dormer vents, and other wall and roof penetrations shall be located on the walls and roofs facing north and south, away from the noise source. If vents, doors, windows, or other roof and wall penetrations face east towards the transportation noise source, they shall be acoustically rated and designed to have an S.T.C. rating of 30 or greater. • Monitoring Program: Plans provided for construction plan check will be examined for any potential noise sources. A business plan will be required to be submitted to the city as part of the project application. The business plan shall comply with noise mitigation measure, prohibiting the use of amplified music, loudspeakers or similar devices. Traffic 19. Traffic Signal at Aerovista Place. Prior to the issuance of building permits, applicant shall request of and receive from Caltrans all necessary permits to install a traffic signal at the Aerovista —Broad Street intersection. As a condition of project occupancy, applicant shall complete the installation of said traffic signal, to the approval of Caltrans and the Public Works Director unless Caltrans determines that the signal is not warranted or necessary at this time. All proposed traffic signals will be constructed with emergency preemption actuation (Opticom). • Monitoring Program: Ordinance No. 1464 (2004 Series) Page 5 Traffic and road improvements shall be required to be completed and inspected prior to occupancy of the new building unless otherwise bonded or agreed upon by the City Public Works Director. Utilities and Service Systems 20. The proposed service bays shall be sloped to prevent any spills, contaminants, or wash water from flowing out of the service bays. The service bays shall include a floor drain system that includes a clarifier or sand/oil separator, as appropriate, that then discharges to the sanitary sewer. 21. Exterior drains will be required to flow to an approved oil /sand separator before being discharged to the storm drain system. • Monitoring Program: Plans submitted for construction plan and site demolition shall identify the site recycling plan. Plans shall detail all drainage facilities including an oil -water separator and other systems that are deemed necessary. All drainage facilities shall be installed and inspected prior to occupancy of the building. SECTION 2. Findings. The City Council makes the following findings: 1. The proposed project (establishment of a new auto sales dealership) is consistent with the General Plan, and the proposed land use is allowed within the applicable primary zoning district if the planned development use list is amended as proposed. 2. The project complies with all applicable provisions of the Zoning Regulations as described within the property development standards for the Commercial Service district. 3. The amendment will not result in any modifications to the development standards of the Zoning Regulations since the amendment only allows the addition of one new use to the list of conditionally allowable uses. 4. Aesthetic concerns of the proposed development will be addressed through the City's Architectural Review Commission's review of plans for consistency with the Community Design Guidelines prior to approval. 5. All affected public facilities, services, and utilities are adequate to serve the proposed project. 6. The location, size, site planning and operating characteristics of the project are highly suited to the characteristics of the site and surrounding neighborhood, and will be compatible with the character of the site, and the land uses and development intended for the surrounding neighborhood by the General Plan. Ordinance No. 1464 (2004 Series) Page 6 7. The site is adequate for the project in terms of size, configuration topography, and other applicable features, and has appropriate access to public streets with adequate capacity to accommodate the quantity and type of traffic expected to be generated by the use. 8. As conditioned, the establishment, maintenance, or operation of the proposed project will not, in the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity of the proposed use, or detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. 9. The proposed use is consistent with the County Airport Land Use Plan since auto sales are an allowed use within the airport zones. 10. The proposed use will be consistent with the intended development pattern for this vicinity considering the Draft Airport Area Specific Plan and the proposed land use pattern within the Broad Street corridor. SECTION 3. Action. The Planned Development Amendment (PD 91 -04), to allow new auto sales and accessory auto service uses within the PD established for the four parcels on the north side of Aerovista (710 through 892 Aerovista Place) as described within the list of allowed uses (Exhibit A), is hereby approved subject to the following conditions: 1. The project shall be forwarded to the Architectural Review Commission to review the project design for consistency with the Community Design Guidelines following approval of the planned development amendment by the City Council. 2. The PD amendment allows for the establishment of auto dealerships within the PD at 710 through 892 Aerovista Place, subject to approval of the County Airport Land Use Commission, review and approval of a Planning Commission Use Permit and findings for consistency with the Airport Area Specific Plan. 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. Ordinance No. 1464 (2004 Series) Page 7 INTRODUCED on the 19`h day of October, 2004, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 16`h day of November 2004, on the following roll call vote: AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz and Mayor Romero NOES: None ABSENT: None Ram Mayor David F. Romero ATTEST: ad, '44V'4 Audrey Hoo er City Clerk APPROVED AS TO FORM: • �lliy` ' • City Attorney I hereby certify that this document is a trre rand accurate copy of Ordinance No. ___ � and that the ordinance was published pursuant to Charter Section 02. Y� Date City Clerk Recommended Uses Page 1 PD 91 -04: Land Use Table 1 Exhibit A Type of Use C -S zone Business Park Staff Land Use Table 91 -04 Proposed in Airport Area Specific Plan Recommendation Advertising and related services A A A Airports and related services PC D PC Ambulance services A D1 Dl 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 D1 Dt 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 &loan, credit D D1 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 Recommended Uses Page 2 Type of Use C -S zone Business Park Staff proposed in Airport Area Specific Plan Recommendation Carwash — self- service or D -- -- 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 D' __3 Child or elderly care, each facility having up to 5,000 sf gross floor area(GFA) .................................................................................................................................................................................................................................................................................. Sales of business and office A D' ............................... Df supplies (up to 5,000 sf GFA) ............................... .................................................................................................................................................................................................................................................................................. Barbers, hair stylists, manicurist, D D' Dt tanning salon (2,000 sf GFA each) .................................................................................................................................................................................................................................................................................. Bicycle sales & repair (2,000 sf A D' ............................... Df GFA each) .................................................................................................................................................................................................................................................................................. Branch of bank, savings & loan, D D' ............................... D' or credit union (2,000 sf GFA each) .................................................................................................................................................................................................................................................................................. Laundry or dry- cleaning (2,000 sf See laundry below D' ............................... Dt GFA each) Retail sales of food, publications, __ D' D1 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 -- D -- Equipment Rental A -- -- Recommended Uses Page 3 Type of Use C -S zone Business Park Staff proposed in Airport Area 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' - -s Insurance services (local) -- D5 D5 Insurance services (regional) -- D5 D5 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 D __3 fraternal, trade, youth, etc.) offices and meeting rooms Parking (as a principal use) D8 -- -- Recommended Uses Page 4 Type of Use C -S zone Business Park Staff 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 A A A service 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 Producestand A -- -- Public assembly facilities (community meeting rooms, PC D' 3 "" auditorium, convention halls) Recycling -bulk receiving, NI. sorting, storage Recreation facilities- indoor A D' Dt 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 -- Dt take -out food, etc. See convenience facilities Recommended Uses Page 5 Type of Use C -S zone Business Park Staff proposed in Airport Area Speck Plan Recommendation Retail sales — convenience D Dl 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 Di bicycles See convenience facilities See convenience facilities Retail auto sales A __ POO 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 Dl 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 Recommended Uses Page 6 R Type of Use C -S zone 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 D5 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, moving, mini - storage as a principal use A PC, -- Water treatment services A -- -- Wholesale (excluding fuel dealer) and mail order A PC' Dl Wholesale fuel dealers NL -- -- Notes: 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 7 Recommended Uses Page 7 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. 10. Auto sales are restricted to the establishment of passenger vehicle sales and leasing only. No RV sales, heavy trucks, or auto rental facilities shall be allowed. Auto repair and service uses may be established as an accessory use to a new automobile retail sales center. The establishment of new structures and site development shall be subject to the Draft Airport Area Specific Plan design guidelines. Development shall be subject to the following guidelines: A. Architectural character should strive to be responsive to the specific Airport Area and San Luis Obispo context, including factors such as history and climate. B. Building design should be varied and distinctive, while being in harmony with its context. Repetitive and/or stock design solutions should be avoided. C. Building architecture should respond to the area's rural agricultural heritage. D. Building offsets and articulations of the wall plane should be used to: reduce the apparent overall building mass; create a play of shadow; provide visual interest; and maintain a sense of scale. E. Rooflines should be varied to add character and interest to buildings. Roof forms that reference rural, agricultural building prototypes are preferred over flat roofs.