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HomeMy WebLinkAbout1465ORDINANCE NO. 1465 (2004 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE PLANNED DEVELOPMENT FOR 55 BROAD STREET TO ALLOW TWENTY NEW SENIOR APARTMENTS AND A REVISED DEVELOPMENT PLAN INCLUDING A CREEK SETBACK EXCEPTION PD/ER 163 -02 (55 Broad Street) WHEREAS, the Planning Commission conducted a public hearing on October 13, 2004 and recommended approval of amendments to the Planned Development to allow to allow 20 new senior apartments and a creek setback exception; and WHEREAS, the City Council conducted a public hearing on November 16, 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: 1. Aesthetics: All new exterior light sources shall be designed with full cutoff fixtures that conceal the light source. If new street lighting or other public space lighting is proposed, a photometrics plan that shows how the light does not create substantial glare shall be required, to the approval of the Architectural Review Commission. Monitoring Program: 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. 2. Air Quality: The following dust mitigation measures are designed to reduce temporary and intermittent air pollution impacts associated with grading and construction of the site. They are required from the start, and are to be maintained throughout the duration of the construction or grading activity: 141as Ordinance No. 1465 (2004 Series) Page 2 a) Unless otherwise approved, an Asbestos Dust Mitigation Plan shall be submitted to the Air Pollution Control District for review and approval prior to the start of any construction or grading activity. The plan, if required shall be implemented during all phases of earthwork at the site. b) Construction vehicle speed at the work site must be limited to fifteen (15) miles per hour or less; c) 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; d) Areas to be graded or excavated must be kept adequately wetted to prevent visible emissions from crossing the property line; e) 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; f) Equipment must be washed down before moving from the property onto a paved public road; and g) 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. Monitoring Program: An asbestos dust mitigation plan shall be submitted to the City and approved by the Air Quality District prior to issuance of a construction permit. City staff shall ensure compliance with standards through site inspections. Biological Resources: 3. All construction activities including grading, vegetation removal, stockpiling, equipment storage etc. shall remain outside of the creek bank, creek channel and 20 -foot creek setback at all times unless specific exceptions are approved by the City's Natural Resource Manager, the Department of Fish and Game, and clearly identified on the approved project plans. The creek setback line shall be established by the City's Natural Resource Manager and shall be clearly marked in the field. 4. Prior to removal of the asphalt and prior to any grading or construction on site, the top of the creek bank shall be fenced with appropriate silt fencing and all vegetation shall be protected with orange snow fencing. The fencing shall remain in place and maintained as necessary throughout the entire duration of the construction project. Hay bales and waddles will be required at the edge of the creek bank to prevent construction debris from entering the creek channel during a storm event. 5. No trees or existing vegetation within the vicinity of the creek shall be trimmed, removed or otherwise interfered with without prior to approval of the Natural Resources Manager and Community Development Director. 6. Construction of the bridge and associated improvements crossing the creek shall require permits from the Department of Fish and Game unless otherwise exempted from such review. Ordinance No. 1465 (2004 Series) Page 3 7. No improvements such as concreted pathways or other similar new construction shall be allowed to encroach closer than the edge of existing improvements (asphalt parking lot) on site. 8. Approval of pathway construction within the creek setback shall be subject to approval of a creek setback exception by the City Council and shall require a plan that identifies the removal of non - native shrubs and groundcover within the creek bank. 9. A creek restoration plan, that includes native landscaping, shall be approved by the City's Natural Resource Manager and the Community Development Director. Following construction, prior to occupancy of the building, the creek bank and setback area shall be planted with native shrubs, groundcover and/or tree species to the satisfaction of the City's Natural Resources Manager consistent with the approved plan. Monitoring Program: Prior to release of City construction permits, the riparian areas shall be inspected for fencing and erosion control protection. A separate permit shall be secured by the Department of Fish and Game and other applicable agencies prior to issuance of a City construction permit that allows work within or over the creek area including the creek bank area. Cultural Resources: 10. A phase one archaeological study shall be performed upon removal of the parking lot paving. The project shall incorporate the recommendations of the study or perform additional monitoring as required y the report. 11. During construction, in the event that subsurface cultural, historic or paleontological 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: Ongoing field inspections by City staff and construction staff awareness shall ensure compliance with the mitigation measures. The project shall be reviewed for consistency with the City's Historic Preservation Program Guidelines and the Demolition Ordinance for the demolition or relocation of the existing residence upon submittal of construction permit applications. Hydrology and Water Quality: 12. All site drainage shall be directed towards the public right of way or on site private drainage systems unless other provisions are approved by the City. 13. Where feasible, driveways, parking areas or private streets shall be constructed of pervious materials such as turf block to enhance on -site water percolation. Ordinance No. 1465 (2004 Series) Page 4 14. Where a lack of native tree cover and vegetation allows for creek bank planting, White Alder trees shall be planted ten feet on center with the intention of shading the creek bed and bank. The Natural Resources Manager shall approve the final planting plan. Monitoring Program: Construction plans, including a grading and drainage plan, shall reflect direction of drainage and identify any proposed detention or retention. Pervious paving materials (where used) shall be shown on the construction plans. Drainage systems and applicable installations shall be incorporated into the site prior to final inspection. Noise 15. Unless already incorporated, existing west facing windows at apartments facing 55 Broad Street and existing windows at 61 Broad Street facing north and west within the project vicinity shall be dual glazed windows rated for maximum noise suppression. Existing vents and openings shall be fitted with noise reducing baffles or other measures in order to reduce exposure to temporary construction noise. 16. Construction schedule shall strictly adhere to City Noise standards. No construction activities shall be allowed prior to 8 am or after 7 pm and no noise producing construction activities shall be allowed on weekends unless the City Building Official, following notification of affected tenants, approves specific exceptions. Monitoring Program: Construction hours and noise standards shall be clearly listed on the construction drawings. Insulated windows and other mitigation as deemed necessary by the Community Development Department shall be incorporated into existing apartment units prior to commencement of construction. Transportation/Traffic 17. A construction phasing plan that ensures uninterrupted site access and an adequate supply of .off- street parking shall be reviewed and approved by the Community Development Department prior to issuance of a construction permit. The phasing plan should require the construction of the parking structure and an accessible pedestrian bridge crossing prior to demolition of the existing site parking on the east side of the creek. As an alternative, a temporary off -site parking plan with a shuttle to serve tenants, visitors and employees may be utilized. 18. Construction vehicles, construction employees shall park off street on the project site during construction. Monitoring Program: A construction phasing plan and interim parking and access plan shall be submitted for review and approval as part of the building permit application package. Ordinance No. 1465 (2004 Series) Page 5 SECTION 2. Findings. The City Council makes the following findings: General Findings 1. The proposed project (establishment of 20 senior apartments) is consistent with the General Plan, and with approval of the Planned Development Amendment, the proposed land use is allowed within the applicable primary R -4 zoning district since high- density housing is intended to be located within this district. 2. Except for the requested creek setback exceptions, the project complies with all applicable provisions of the Zoning Regulations as described within the property development standards for the High- Density Residential district. 3. All affected public facilities, services, and utilities are adequate to serve the proposed project. 4. 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. 5. The site is suitable for the project in terms of size, configuration, topography, adequate parking 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. 6. 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. Creek Setback Findings 7. The location and design of the pathways and narrow pedestrian bridge requiring the exception will minimize impacts to scenic resources, water quality, and riparian habitat, including opportunities for wildlife habitation, rest, and movement. 8. The exception will not limit the city's design options for providing flood control measures that are needed to achieve adopted city flood policies. 9. The exception will not prevent the implementation of city- adopted plans, nor increase the adverse environmental effects of implementing such plans. Ordinance No. 1465 (2004 Series) Page 6 10. There are circumstances applying to the site, such as size, shape or topography, which do not apply generally to land in the vicinity with the same zoning, that would deprive the property of privileges enjoyed by other property in the vicinity with the same zoning because the site is irregularly- shaped and has an extensive amount of lineal creek frontage. 11. The exception will not constitute a grant of special privilege —an entitlement inconsistent with the limitations upon other properties in the vicinity with the same zoning because properties have significantly greater encroachments into the required creek setback and the project will remove existing pavement which encroaches into the setback. 12. The exception will not be detrimental to the public welfare or injurious to other property in the area of the project or downstream; and 13. Site development cannot be accomplished with a redesign of the project; and 14. Redesign of the project would deny the property owner reasonable use of the property because the current design actually appreciably enhances the health and extent of the riparian corridor by the removal of existing asphalt paving located in the creek setback area, removal of invasive plant materials, and new planting of riparian plant materials to augment existing desirable vegetation. SECTION 3. Action. The City Council hereby approves application PD 163 -02 to allow the addition of 20 new senior apartments, a creek setback exception to allow pedestrian paths and a footbridge, and a revised development plan with a two story parking structure, subject to the following conditions and code requirements. 1. Within 6 months of City Council approval (following approval by the Architectural Review Commission) the applicant shall prepare and submit a final amended development plan to the Community Development Director consistent with Zoning Ordinance Chapter 17.62.060. 2. An affordable housing agreement (per the City's Inclusionary Housing Requiremnts) shall be submitted for review and approval of the Community Development Director prior to proceeding to the Architectural Review Commission, following approval of the applicable entitlements by the City Council. 3. 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. Ordinance No. 1465 (2004 Series) Page 7 4. The PD amendment allows for the establishment of 20 new apartments units with a maximum dwelling unit density count of 16 units. 5. Parking for employees of any of the senior housing uses within the PD shall utilize the upper deck of the parking lot accessed from Palomar Street. Appropriate signs and employee regulations shall be established prior to occupancy of the new units. The Management and owners will establish and enforce rules which require that staff and residents of the senior housing complex park on site. The CC & R's shall stipulate the parking requirements. 6. The parking structure and associated improvements shall be constructed prior to eliminating existing parking spaces and constructing the new apartment units in order to ensure continuation of adequate on -site parking. 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 16th day of November 2004, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 7th day of December 2004, on the following roll call vote: AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and Mayor Romero NOES: None ABSENT: None Mayor David F. Romero ATTEST: ,�J6�zu 41f) "�, - Audrey Ho - "er City Clerk 7 I hereby certify that this document is a true and accurate copy of Ordinance No. and that the ordinance was published pursuant /to Charter Sectio U2. Date City Clerk �J� Ordinance No. 1465 (2004 Series) Page 8 APPROVED AS TO FORM: t Jo n P. Lowell City Attorney