HomeMy WebLinkAbout1478ORDINANCE NO. 1478 (2005 Series)
AN ORDINANCE OF THE CITY COUNCIL OF SAN LUIS OBISPO
APPROVING THE PROPOSED PREZONING TO ACCOMMODATE THE
GEARHART/MCBRIDE PROPERTY ANNEXATION AND
AMENDING THE ZONING REGULATIONS MAP TO DESIGNATE:
12.7 ACRES AS C -S, SERVICE - COMMERCIAL AND 12.9 ACRES AS C /OS -20,
CONSERVATION /OPEN SPACE WITH A 20 -ACRE MINIMUM PARCEL SIZE
CONTINGENT UPON FINAL APPROVAL OF ANNEXATION OF THE SITE
AT 1413 CALLE JOAQUIN (R237 -04)
WHEREAS, the Planning Commission conducted a public hearing on July 13,
2005, and considered the proposed amendments to the Zoning Regulations Map; and
WHEREAS, the City Council conducted a public hearing on August 16, 2005,
and has duly considered all evidence, including the testimony of the applicant and other
interested parties, the record of the Planning Commission hearing, and the evaluation and
recommendation of staff, both in written reports and as presented at said hearing; and
WHEREAS, the City Council finds that the Zoning Regulations Map
amendments are consistent with the proposed General Plan Land Use Element (LUE)
map designations and the existing text, and the City Council further finds that the Zoning
Regulations Map amendments are consistent with the purposes of the Zoning Regulations
and other applicable City ordinances; and
WHEREAS, the City Council has considered the Mitigated Negative Declaration
of environmental impact as prepared by staff and reviewed by the Planning Commission;
and
WHEREAS, notices of said public hearing were made at the time and in the
manner required by law.
BE IT ORDAINED by the City 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 project entitlements in
accordance with the California Environmental Quality Act and the City's Environmental
Guidelines, and reflects the independent judgment of the Council. The Council hereby
adopts the Mitigated Negative Declaration incorporating all of the mitigation measures
listed in Exhibit B into the project (Mitigation Monitoring Program).
SECTION 2. Prezoning Approval & Findings. The Zoning map amendments
included as part of City Application No. R237 -04, prezoning 12.7 acres of the property to
C -S, Service - Commercial, and 12.9 acres as C /OS -20, Conservation/Open Space with a
20 -acre minimum parcel size, to be consistent with the amended LUE map designations
and as shown on the attached Exhibit A, are hereby approved, based on the following
01478
Ordinance No. 1478 (2u05 Series)
Page 2
findings:
Findings
1. The proposed C -S, Service - Commercial, zoning category is consistent with the
Services & Manufacturing Land Use Element Map designation for the 12.75 -acre
portion of the site planned for the auto sales uses pursuant to the goals and
policies of the General Plan, specifically LUE Policy 3.6.7 A. which calls for the
expansion of auto sales in the vicinity of the existing Auto Park Way area.
2. The proposed C /OS -20, Conservation /Open Space with a 20 -acre minimum parcel
size, zoning category is consistent with the Open Space Land Use Element Map
designation for the 12.90 -acre portion of the site planned for open space and
continued agricultural operations pursuant to Land Use Element Policy 1.13.5.E.
which calls for long -term protection of sensitive habitat and prime agricultural
soils.
3. The submitted master plan in conjunction with the Tentative Parcel Map and
exhibits fulfills the intention of LUE Policy 1.13.3, Required Plans, which calls
for the master planning of proposed annexation areas so that the City has an
adopted plan showing the project layout, physical development plan, required
open space protection, and provision of streets and utilities.
SECTION 3. A summary of this ordinance, together with the names of the 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 23rd day of August 2005, AND FINALLY ADOPTED
by the Council of the City of San Luis Obispo on the 6th day of September 2005, on the
following roll call vote:
AYES: Council Members Brown and Settle, Vice Mayor Ewan and Mayor
Romero
NOES: Council Member Mulholland
ABSENT: None
ATTEST:
&14x" 41�1'1"
Audrey Ho er
City Cler
Mayor Dave Romero
I hereby certify that this document is a`trr e
and accurate copy of Ordinance No._[_�
and that the ordinance was published pursuant
to Charier Section 6 2.
Cate City Clerk
Ordinance No. 1478 (2u05 Series)
Page 3
APPROVED AS TO FORM:
Jo an P. Lowell
City Attorney
AMPAV-41M
EXHIBIT B
REQUIRED MITIGATION AND MONITORING PROGRAMS
Aesthetics
Final project design shall require architectural review to assure that impacts to scenic resources are
addressed in accordance with City policy. The Architectural Review Commission (ARC) will review
site design, building architecture, building materials, colors, grading, lighting, landscaping and
signage for consistency with the General Plan policies for viewshed protection and the City's
Community Design Guidelines. The following standards shall supplement established City policy
that may apply to the project site:
a: All free - standing exterior light fixtures shall have a maximum height of twenty feet as measured
from the fixture to finished grade. All lighting shall incorporate fully shielded light sources, with
illumination levels at or below 50 -foot candles when measured below the light source at finished
grade. Light levels at and beyond the property lines shall not exceed 1 foot- candle. The City
shall review a complete lighting plan and photometrics plan as part of the construction plans to
ensure lighting compliance.
b. The site plan shall respect the edge of the City's Urban Reserve Line and design the landscape
plan and site improvements in order to create a "soft edge" and aesthetically pleasing transition to
adjacent agricultural land outside of the City limits. Native tree and shrub plantings, and
adequate landscaped setbacks shall be utilized to achieve this.
c. Building height and placement shall be designed to retain views from Highway 101 through the
site. As viewed from southbound traffic lanes, views of the Irish Hills shall be retained. As
viewed from the northbound lanes, views of Cerro San Luis and surrounding vistas shall be
retained. A combination of increased building setbacks, reduced building height, and significant
corridors between buildings shall be utilized to achieve this. Photo simulations may be requested
with development packages submitted for architectural review to evaluate compliance with this
requirement.
• Monitoring Program:
The ARC will review development plans for all four individual dealership sites. City staff, including
Planning and other departments, will review plans to assure that all of the ARC's requirements related to
aesthetics, landscaping and lighting have been incorporated into working drawings.
Agricultural Resources
2. The existing structure and all associate infrastructure within the proposed open space area (former
border patrol office and carport and associated utilities) shall be removed from the site.
• Monitoring Program:
The City's Natural Resources Manager will oversee the developer's donation of the open space property
to the City. Necessary agreements to assure the removal of the existing buildings would be a condition of
the property transfer.
ER 237 -04 (Gearhart/McBride r roperty Annexation
Page 2
Air Quality
3. The following mitigation measures are designed to reduce temporary and intermittent air pollution
associated with grading and construction of the proposed project. The following dust mitigation
measures are required at the start and maintained throughout the duration of the construction or
grading activity:
a. Reduce the amount of the disturbed area where possible;
b. Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from
leaving the site. Increased watering frequency would be required whenever wind speeds exceed
15 mph. Reclaimed (nonpotable) water should be used whenever possible;
c. All dirt stock -pile areas should be sprayed daily as needed;
d. Permanent dust control measures identified in the approved project revegetation and landscape
plans should be implemented as soon as possible following completion of any soil disturbing
activities;
e. Exposed ground areas that are planned to be reworked at dates greater than one month after initial
grading should be sown with a fast - germinating native grass seed and watered until vegetation is
established;
f. All disturbed soil areas not subject to revegetation should be stabilized using approved chemical
soil binders, jute netting, or other methods approved in advance by the APCD;
g. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In
addition, building pads should be laid as soon as possible after grading unless seeding or soil
binders are used;
h. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the
construction site;
i. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at
least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in
accordance with CVC Section 23114;
j. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks
and equipment leaving the site, and
k. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads.
Water sweepers with reclaimed water should be used where feasible.
1. Maintain all construction equipment in proper tune according to manufacturer's
specifications.
m. Fuel all off -road and portable diesel powered equipment, including but not limited to
bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors,
auxiliary power units, with ARB certified motor vehicle diesel fuel (non -taxed version
suitable for use off - road).
n. Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's
1996 or newer certification standard for off -road heavy -duty diesel engines.
o. 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:
i. Submitted to and approved by the Air Pollution Control District before the start of any
construction or grading activity; and
ii. The provisions of that dust mitigation plan are implemented at the beginning and maintained
throughout the duration of the construction or grading activity.
ER 237 -04 (Gearhart/McBride rroperty Annexation
Page 3
4. The following mitigation measures are designed to eliminate project operational phase emissions.
The APCD indicates that measures a -d are required standard mitigation and that at least 6 of the
measures included in a -u are also required:
a. Provide on -site bicycle parking.
b. Provide on -site eating, refrigeration and food vending facilities to reduce lunchtime trips;
c. 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; and
d. 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.).
e. Increased street tree planting.
f. Shade tree planting in parking lots to reduce evaporative emissions from parked vehicles.
g. If the project is located on an established transit route, improve public transit accessibility by
providing transit turnouts with direct pedestrian access to project or improve transit stop
amenities.
h. Improve the pedestrian environment.
i. Implement a Transportation Choices Program. The applicant should work with the
Transportation Choices Coalition partners for free consulting services on how to start and
maintain a program. Contact SLO Regional Rideshare at 541 -2277.
j. Provide incentives to employees to carpool/vanpool, take public transportation, telecommute,
walk, bike, etc.
k. Implement compressed work schedules.
1. Participate in an employee "flash- pass" program, which provides free travel on transit buses.
m. Shade tree planting along southern exposures of buildings to reduce summer cooling needs.
n. Use roof material with a solar reflectance value meeting the EPA/DOE Energy Star® rating
to reduce summer cooling needs.
o. Use built -in energy efficient appliances, where applicable.
p. Use double -paned windows.
q. Use low energy parking lot and street lights (i.e. sodium).
r. Use energy efficient interior lighting.
s. Use low energy traffic signals (i.e. light emitting diode).
t. Install door sweeps and weather stripping if more efficient doors and windows are not
available.
u. Install high efficiency or gas space heating.
• Monitoring Program:
Community Development staff will review building permit plans to assure that air quality mitigations
are noted on plans and that other needed information is specifically shown. The applicant will need
to demonstrate that he has contacted and worked with APCD staff on some of the requirements.
Biological Resources
5. Final construction and site development plans shall include a detailed landscaping plan that addresses
the creek setback area and 200 foot buffer area that is to be preserved as open space. The landscape
plan shall provide for native plant and tree species adjacent to the creek bank. The plan shall note the
removal of any invasive or non - native species (i.e. castor beans, vinca etc.) of trees or plants within
the creek and setback area. A qualified landscape architect shall prepare the plan.
ER 237 -04 (Gearhart/McBride rroperty Annexation
Page 4
a. The landscape plan shall provide a demarcation (in the form of a wood -rail fence) of the habitat
areas along the creek area to the west of the site from the use areas (i.e, parking lot and building).
The plan shall incorporate the recommendations of the City's Natural Resources Manager.
b. The landscape plan shall specify protection for creek vegetation during construction which shall
include temporary fencing that clearly demarcates the extent of sensitive habitat not to be
disturbed. The City's Natural Resources Manager shall be called to do an inspection prior to any
vegetation removal and to review installed protection devices in the field prior to the
commencement of grading activities and/or construction. The plan shall also contain a specific
schedule for the long -term monitoring of plantings.
c. No parking lot or roadway drainage shall be directly routed to the Prefumo Creek area without
adequate filtration methods such as an oil/water separator or bioswale planted with grasses and
groundcover species designed for such use. A bioswale within a designated landscape area is the
preferred method of water filtration prior to entering the creek.. If feasible, bioswales may be
constructed in the open space area to accept nuisance water and provide biofiltration prior to
release. To accomplish this, a portion of the drainage ditch along the southwestern property
boundary may be utilized as a bioswale.
d. Light levels in the vicinity of Prefumo Creek shall be less than .5 foot candle and extensive
screening landscape (native trees and shrubs) shall be planted between the project site and the
creek area to reduce potential light intrusion into the riparian habitat.
6. The existing low -water crossing in Prefumo Creek shall be abandoned, the eroding roadbed stabilized,
and willows and cottonwoods replanted in the abandoned roadway.
7. As shown on the proposed land use plan for the site and the Tentative Parcel Map, a construction
setback of at least 100 feet from the top of the Prefumo Creek channel shall be maintained to reduce
impacts to riparian trees and allow open ground beyond the top of bank for bio- filtration of storm
water.
• Monitoring Program:
The ARC will review development plans for all four individual dealership sites. City staff, including
Planning and other departments, will review plans to assure that all of the ARC's requirements related to
the buffer treatment, riparian landscaping and lighting have been incorporated into working drawings.
Community Development staff will coordinate with the City's Natural Resources Manager throughout the
process to assure that appropriate plant materials are selected for any riparian area re- vegetation and other
requirements of the biological assessment are followed.
Cultural Resources
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.
9. If pre- historic Native American artifacts are encountered, a Native American monitor should be called
in to work with the archaeologist to document and determine appropriate action (remove or preserve
on site) the items. Disposition of artifacts shall comply with state and federal laws. A note
concerning this requirement shall be included on the grading and construction plans for the project.
ER 237 -04 (Gearhart/McBride rroperty Annexation
Page 5
• Monitoring Program:
Community Development Department staff will review working drawings to assure that these mitigation
measures become a part of plans.
Energy and Mineral Resources
10. The project development shall incorporate the following features where feasible:
a. Skylights to maximize natural day lighting.
b. Operable windows to maximize natural ventilation.
c. Energy - efficient lighting systems for both interior and exterior use.
d. Substitute solid sawn lumber with engineered lumber.
e. Install compact fluorescent bulbs.
f. Install energy star rated appliances
• Monitoring Program:
Community Development staff, including both Building and Planning, will review working drawings to
assure compliance.
Geology and Soils
11. Grading and construction must be designed and performed in compliance with the soils engineering
report prepared by Buena Geotechnical Services, December 31, 2004.
• Monitoring Program:
The Community Development Department staff will review the recommendations included in the soils
engineering report along with working drawings submitted for a building permit.
Hazard and Hazardous Materials
12. The project design shall comply with the Airport Land Use Plan Policies designed to protect airspace.
The final project design shall be reviewed for consistency with ALUP Policies 4.5.3 (hazards to air
navigation) and 4.6.2 (avigation and noise easements).
• Monitoring Program:
The Community Development Department staff will coordinate with the County of San Luis Obispo staff
that regularly works with the Airport Land Use Commission regarding the recordation of avigation and
noise easements.
Hydrology and Water Quality
13. All site drainage shall be directed towards the public right -of -way unless other provisions are
approved by the City. 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.
14. The project shall, where feasible, utilize porous paving, landscaping, or other design element to
reduce surface water runoff in driveways, parking areas or vehicle display areas consistent with Land
Use Element Policy 6.4.7.
U��
ER 237 -04 (Gearhart/McBride vroperty Annexation
Page 6
15. The project shall comply with the City's Waterways Management Plan (2004 edition) and any
additional recommendations prescribed by the Hydrologic and Hydraulic Report prepared by KC
Design Group, May 18, 2005.
• Monitoring Program:
The City's Public Works Department as reviewed the hydrologic and hydraulic report submitted by the
applicant and determined that it is in compliance with the City's Waterways Management Plan. The
Community Development Department & Public Works Department staffs will review plans to assure that
drainage facilities are consistent with this study and any special requirements imposed by ARC review.
Traffic
16. The applicant shall contribute its fair share of Los Osos Valley Road interchange sub -area fees as
determined by the Deputy Director of Public Works.
17. Until signalization of the Calle Joaquin and Los Osos Valley Road intersection is completed,
employee shifts shall be limited to the hours of before 4:00 p.m. and after 5:30 p.m. to lessen impacts
to the intersection.
• Monitoring Program:
The Public Works Department will determine the amount of applicable fees. The Community
Development will oversee the staggered work schedule requirement.
Utilities and Service Systems
18. To help reduce the waste stream generated:
a. The project 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 construction site. The plan must be submitted for
approval by the City's Solid Waste Coordinator or the Community Development Director, prior to
building permit issuance.
c. Recycled- content materials shall be used in structural and decorative building components of the
project and in surfacing wherever feasible.
• Monitoring Program:
Compliance with this requirement shall be monitored through the review of detailed plans submitted for
architectural review and building permit primarily by the Community Development Department staff with
consultation with the Utilities Department.
The above mitigation measures are included in the project to mitigate potential adverse environmental
impacts. 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. The Architectural Review Commission through final review of project plans, and City staff, and
in some cases, other agencies, will review detailed project plans through building and grading plan
checks, and occupancy release inspections, to accomplish compliance with these mitigation measures as
discussed in detail in the monitoring programs above.
L:Gearhart\Environmental Review\Exhibit C (Mitigation Monitoring Program)