HomeMy WebLinkAbout1485ORDINANCE NO. 1485 (2005 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
REZONING THE TUMBLING WATERS PROJECT SITE FROM M -PD TO R-
4-PD AND APPROVING THE DEVELOPMENT PLAN FOR THE PROJECT;
PD 151 -03 (861 AND 953 ORCUTT ROAD)
WHEREAS, the Council of the City of San Luis Obispo conducted a public hearing in
the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on November
15, 2005, for the purpose of considering Planning Application PD 151 -03, a development plan
providing for 178 new homes; and
WHEREAS, said public hearing was for the purpose of formulating and forwarding
recommendations to the City Council of the City of San Luis Obispo regarding the proposed
development plan, including modified property development standards; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted public
hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
December 3, 2003, July 28, 2004, May 25, 2005 and October 12, 2005 for the varied purposes of
directing the scope of the environmental review for the project, reviewing revised plans and
making recommendations to staff and the applicant, and considering a final recommendation to
the City Council on the project; and
WHEREAS, the City Council has reviewed and considered the Final EIR and has
determined that the environmental document represents the independent analysis of the City and
adequately addresses the potentially significant environmental impacts of the proposed project;
and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations of the Planning
Commission and staff, presented at said hearing.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
Section 1. Environmental Review. The City Council hereby adopts all mitigation
measures approved as part of the Final EIR (ER 114 -02) as conditions of approval of the project.
Section 2. Planned Development Project Findings. The following findings are required
by the Zoning Regulations (SLOMC 17.62.045) and are hereby made in support of the proposed
Planned Development rezoning.
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Ordinance No. 1485 (2005 Series)
Page 2
1. The project is consistent with the General Plan, and the proposed land uses are allowed
within the applicable primary zoning districts because the project design has been
evaluated for consistency with Chapter 2.0 of the Land Use Element and further specific
Housing Element Goals, including goals for mixed - income housing (HE Goal 4.1),
housing variety and tenure (HE Goal 5. 1), and housing production (HE Goal 6.1).
2. The project complies with all applicable provisions of the Zoning Regulations other than
those modified by the PD rezoning.
3. The approved modifications to the development standards are necessary and appropriate
to accommodate the superior design of the proposed project, its compatibility with
adjacent land uses, and its successful mitigation of environmental impacts.
4. The project complies with all applicable City Design Guidelines, because the project has
been evaluated for consistency and the Final EIR identifies specific design guidelines for
consideration by the Architectural Review Commission.
5. All affected public facilities, services and utilities are adequate to serve the proposed
project because the plans have been evaluated by staff from the City's Public Works and
Utilities Departments and it has been determined that the City can conditionally serve the
project with all required utilities and services.
6. The location, size, site planning, building design features, 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 because the
General Plan identifies the project site as a location to consider for High Density
residential development and the project has been evaluated for its impacts on the
environment and the ability of the project to be developed in a manner that is consistent
with the General Plan;
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; and
8. 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 because the project will provide housing opportunities and commercial
services appropriate for the location and will be developed in a manner that is consistent
with all City building codes and other safety related requirements.
Section 3. Creek Setback Findings. The City Council hereby makes the following
findings in support of reduced creek setback requirements.
1. . The location and design of the feature receiving the exception will minimize impacts to
Ordinance No. 1485 (2005 Series)
Page 3
scenic resource, water quality, and riparian habitat, including opportunities for wildlife
habitation, rest and movement because the project provides a continuous wildlife corridor
through the site and maintains a large percentage of the project site in creek setback
areas. The overall area where encroachments are permitted is small and in each case is
minimized to insure the protection of the riparian habitat area.
2. The exception does not limit the City's design options for providing flood control
measures that are needed to achieve adopted City flood policies because the project has
been designed in a manner that is consistent with the City's Waterways Management
Plan and Flood Damage Prevention Guidelines.
3. The exception will not prevent the implementation of City- adopted plans, nor increase
the adverse environmental effects of implementing such plans because the proposed
exceptions are evaluated in the Final EIR and all environmental impacts associated with
development adjacent to riparian areas are mitigated to less than significant levels.
4. 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 a large percentage of the project site (approximately 20% of the net site area) is
dedicated to creek setbacks, which normally cannot be developed. The proposed
exception allows for minor creek setback exceptions where alternatives have a significant
impact on project design.
5. 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
the proposed creek setback exceptions will occur as part of PD rezoning, which requires a
project to provide substantial public amenities and the restoration of a major natural
feature on the project site.
6. The exception will not be detrimental to the public welfare or injurious to other property
in the area of the project or downstream because the exceptions are minor and will not
affect the ability of the project to comply with the City's Waterways Management Plan,
Drainage Design Manual or the Flood Damage Prevention Guidelines.
7. Site development cannot be accomplished with a redesign of the project because
Sacramento Drive is an important part of the City's street network and the connection to
Orcutt Road is necessary to insure that surrounding intersections and road segments
operate safely and consistent with City standards for Level of Service. The size of the
roadway has been diminished in order to reduce potential impacts to riparian and wetland
resources and habitat areas.
8. Redesign of the project would deny the property owner reasonable use of the property
because if Sacramento Drive does not provide a connection to Orcutt Road, the project
Ordinance No. 1485 (2005 Series)
Page 4
could not be developed in a manner consistent with City expectations for High Density
Residential development and significant off -site improvements would be required to
address traffic impacts along Sacramento Drive and at the CapitolioBroad and
Industrial /Broad intersections.
Section 4. Action. The City Council hereby rezones the project site from M -PD to R -4-
PD, as shown in Exhibit A. Property Development standards for the site shall be as provided in
the City's Zoning Regulations, except for the approved deviations as shown in Exhibit B.
Planned Development zoning is approved subject to the following requirements.
PD Mandatory Project Features
1. The applicants shall submit a Revegetation and Restoration Plan for the riparian corridors
on -site as part of a complete application for Architectural Review. The Plan shall be
consistent with the requirements of BIO /mm -8, the Community Design Guidelines and
the Open Space Element of the General Plan. Implementation of the plan shall be
required prior to occupancy of more than 10% of the residential units on the project site.
2. Plans submitted for construction permits shall detail the project's energy saving features
and provide a quantitative analysis of how the proposed measures exceed the 2004
California Code of Regulations Title 24 energy efficiency requirements by a minimum of
30 %.
3. Prior to issuance of construction permits for the project, the applicant shall provide the
City with an agreement between the applicant and adjacent property owner for
construction of the proposed bridge over the creek, between project sites. The design of
the bridge shall be submitted to the City as part of a complete application for
Architectural Review and shall be constructed prior to occupancy of any commercial
floor area developed along Orcutt Road, to the approval of the Community Development
Director.
4. A complete application for Architectural Review shall include a detailed description of
all private and common outdoor areas on the project site, and how these areas comply
with the noise attenuation requirements provided in the Final EIR.
5. A complete application for Architectural Review shall include a detailed description,
including product samples and maintenance requirements, for the proposed on -site
decorative paving. The enhanced paving at the village hall and driveway intersection
with Sacramento Drive shall meet the access requirements for emergency vehicles and
garbage collection, including the ability to support the imposed loads of a 60,000 pound
fire apparatus. Any enhanced paving proposed in the public right -of -way shall be
designed to the approval of the City Engineer and shall include agreements to insure on-
going maintenance of the paving by the Homeowner's Association, even in the event that
City crews unearth the roadway in order to service utilities.
Ordinance No. 1485 (2005 Series)
Page 5
6. The site plan submitted to the Architectural Review Commission shall be designed in a
manner consistent with the requirements of SLO Garbage Company. Residents of the
project shall be required to have individual, on -site garbage collection. Refuse and
recycling containers (waste wheelers) may not be collected on Sacramento Drive.
7. Modifications to the City's Property Development Standards approved as part of this
Planned Development are limited to those listed in Exhibit B of the resolution
(Attachment 3).
8. Avigation easements, consistent with City and County procedures, shall be recorded for
the entire project site, prior to recordation of the Final Map for the project, to the
approval of the Community Development Director.
9. All owners, potential purchasers, occupants (whether as owners or renters), and potential
occupants (whether as owners or renters), will receive full and accurate disclosure
concerning the noise, safety, and overflight impacts associated with airport operations
prior to entering any contractual obligation to purchase, lease, rent or otherwise occupy
any property or properties on the project site. Real estate disclosure forms and
notifications in the project's CC &R's shall be used to satisfy this requirement, to the
approval of the Community Development Director.
10. No more than 50% of the units in any one building may be designated for guaranteed
affordability.
11. A minimum of four Motorcycle parking spaces shall be provided for guests of the
project, with the location to be approved by the Architectural Review Commission during
their review of the project design.
12. A minimum setback of 20 feet from the back of sidewalk is required for all garage doors
that face the public right -of -way. All garage and uncovered parking on the project site
must be designed so that maneuvering into and out of spaces occurs on -site, and not in
the street right -of -way.
13. An open space easement shall be recorded covering the creek corridors and setback areas
to provide for the long -term maintenance and preservation of the creeks, to the approval
of the City's Natural Resources Manager.
Conditions, Covenants and Restrictions
1. The project CC &R's shall stipulate that garages within the project shall be used
exclusively for parking vehicles and may not be used for general storage, recreation or
other uses that would prevent the parking of vehicles as required by the Zoning
Regulations.
Ordinance No. 1485 (2005 Series)
Page 6
2. CC &R's shall address use of facilities by non - resident guests, alcoholic beverage
consumption in common areas, and shall provide sufficient penalties to address
violations, to the approval of the Community Development Director.
3. The CC &R's for the project shall stipulate that maintenance and replacement of all
decorative paving installed as part of the project will be the responsibility of the HOA.
This includes replacement of on -site and off -site paving damaged by City crews as part of
utilities maintenance. The installation of decorative paving in the City's street right -of-
way shall require prior approval of agreements to insure on -going maintenance of the
paving by the Homeowner's Association, even in the event that City crews unearth the
roadway in order to service utilities.
INTRODUCED on the 15th day of November, 2005, AND FINALLY ADOPTED by
the Council of the City of San Luis Obispo on the 6th day of December 2005, on the following
roll call vote:
AYES:
NOES:
ABSENT:
1:1111 36
Council Members Brown and Ewan and Mayor Romero
Council Member Mulholland
Vice Mayor Settle
Mayor David F. Romero
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
rll__�
Jonathan Lowell
City Attorney
I hereby ce. tify that this document is a true
and accurate copy of Ordinance No. r' l K5
and that the ordinance was published pursuant
to Charter Sectio 02.
pate City Clerk
Tumbling Waters - Planned Development Rezoning - Exhibit A
Existing:
Proposed:
Exhibit B — Tumbling Waters PD Overlay - Development Standards
Setbacks
Street Yard
Buildings
Garages Facing Street
Sacramento
10 feet from PL
20 feet from back of
sidewalk
Side Yards:
Internal Property line setbacks subject to building code requirements and design review
Height
Above Finished Grade 147 feet
Creek Setbacks (permitted encroachments)
Realigned Portion of Escorp Drainage — 10 feet
Pedestrian Bridge to Creekston — Per approved Development Plan
Parking Requirements
Parking requirements for the project are per Zoning Regulations Standards and the
approved Development Plan, except for motorcycle parking, which shall be provided as
follows:
A minimum of 4 motorcycle parking spaces shall be provided for guests, with the
location to be approved by the Architectural Review Commission.
Parking and Driveway Standards
Tandem Parking is permitted in garages, per the approved Development Plan. The
minimum depth of the garages must accommodate one standard space and one compact
space. Additional exceptions to the Parking and Driveway Standards may be approved
by the Community Development Director, per the Zoning Regulations (17.16.070).
Drainage Design Manual
Full compliance with the Drainage Design Manual is required, except that 1' of freeboard
is permitted for the detention basins instead of a 2' freeboard, to insure that fencing is not
required and to facilitate recreational uses of the basins when they are dry.
Tumbling Waters PD Standards Exhibit B
Open Space Requirements
The numerical standards of the Property Improvement Standards for New Condominium
Projects (SLOMC 17.82.140.A, B, C and D) shall be waived in favor of a qualitative
review of the requirements to insure compliance with the intent of the standards, while
accommodating the superior design of the proposed project and its successful mitigation
of noise impacts. The Architectural Review Commission shall be responsible for
evaluating the project for compliance with the following project imperative:
1) The project meets the open space requirements of the High- Density
Residential zone by providing "common outdoor areas and very
compact private outdoor spaces," except where outdoor use areas
would expose residents to excessive noise levels and where the design
of noise attenuation measures (such as stand -alone sound walls) would
be inconsistent with the City's Community Design Guidelines. Decks
that are 3 feet in depth or less shall be considered architectural features
instead of usable open space areas and shall not be subject to noise
attenuation requirements.
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