HomeMy WebLinkAbout1486ORDINANCE NO. 1486 (2005 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO REZONING THE CREEKSTON PROJECT SITE
FROM C -S -S TO R -4 -PD AND C -C -PD AND APPROVING THE
DEVELOPMENT PLAN FOR THE PROJECT;
PD 164 -02 (791 ORCUTT ROAD AND 3330, 3360 BROAD STREET)
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 164 -02, a development plan
providing for 86 new homes and 10,000 square feet of commercial floor area; 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
Ordinance No. 1486 (2005 Series)
Page 2
Planned Development rezoning.
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 provided in Exhibit B 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 have 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
Ordinance No. 1486 (2005 Series)
Page 3
with all City building codes and other safety related requirements.
Section 3. Mixed Use Project Findings. The following findings are required by the
Zoning Regulations (Section 17.08.072) and are hereby made in support of the proposed mixed
use project.
1. The project's mixed uses are consistent with the General Plan and are compatible with
their surroundings, with neighboring uses, and with each other because (1) all of the uses
proposed are allowed or conditionally allowed in the C -C zone, (2) as conditioned, the
proposed commercial uses will primarily serve the surrounding neighborhood, but will
allow for some community serving uses, and (3) the uses that are allowed have been
chosen to insure compatibility between commercial and residential locations on the site.
2. The project's design protects the public health, safety and welfare because environmental
impacts have been identified and mitigated in the design of the project and the project has
been designed in a manner that is consistent with City standards and policies, such as the
City's Waterways Management Plan.
3. The mixed uses provide greater public benefits than single -use development of the site
because the location allows for alternative transportation use by residents and employees
(transit stop, a mix of services that keep employees and residents on -site during the lunch
hour, located along bike route).
4. The proposed shared and mixed -use parking reduction of 25% is appropriate because
more than one use is sharing a common parking area on the site and the peak hours of
parking demand between the commercial and residential areas on the site are different.
Section 4. Creek Setback Findings. The Planning Commission hereby makes the
following findings in support of the proposed creek setback exceptions.
1. The location and design of the feature receiving the exception will minimize impacts to
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
Ordinance No. 1486 (2005 Series)
Page 4
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 access
to the project site is required from Broad Street and along Orcutt Road to align with
McMillan Road (for traffic safety), and because the loft buildings are being re- located in
their proposed location to address concerns with scenic corridors and architectural
compatibility. The minimum dimension for parking lots requires a minor exception
along Broad Street in order to provide parking adjacent to the proposed buildings west of
the creek in this location.
8. Redesign of the project would deny the property owner reasonable use of the property
because site access requires some encroachment into creek setback areas and all other
creek setback reductions are minimized to the greatest extent possible, considering the
other requirements of the project, such as maintaining minimum drive aisle widths for
parking maneuverability and emergency access.
Section 5. Action. The City Council hereby rezones the project site from C -S -S to R -4-
PD and C -C -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 applicant shall provide plans for an enhanced transit shelter at the location identified
Ordinance No. 1486 (2005 Series)
Page 5
on the Creekston grading and drainage plan, dated 8 -3 -05. The plans shall be consistent
with the City's standards for a transit shelter, but shall include a unique shelter design, an
information kiosk, a `Smart Sign,' and a public art component. The shelter design and
public art shall be to the approval of the Architectural Review Commission, as part of the
normal review procedures provided by the City's public art ordinance. Prior to the
installation of the shelter and artwork, a maintenance agreement shall be recorded to
insure the on -going maintenance of the facility, not at the expense of the City. The
shelter and artwork shall be approved and constructed prior to occupancy of any
residential dwellings on the project site.
2. 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.
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.
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 drive aisles 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.
6. The site plan shall be revised to incorporate at least three garbage enclosures suitable for
storing 5 -yard bins for refuse and recycling. The enclosures shall be designed in a
manner consistent with the requirements of SLO Garbage Company, and the designs
shall be submitted to the City for review as part of a complete application for
Architectural Review.
7. 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.
Ordinance No. 1486 (2005 Series)
Page 6
8. 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.
9. No more than two guaranteed affordable units may be located within the same building.
10. The value of the proposed public art shall be based on the total project value, not to
exceed $50,000, per the public art ordinance requirements.
11. A minimum setback of 5 feet shall be provided from the edge of the open space easement
located adjacent to lots 35 and 36 to allow for construction and maintenance of the
proposed buildings without encroaching into the easement area.
12. Motorcycle parking spaces shall be provided per City standards for the commercial
portion of the project.
13. 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.
14. 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.
15. 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.
Mixed -Use Project Conditions
1. 3 affordable dwelling units shall be provided by the developer in a manner consistent
with the City's Affordable Housing Standards, to the approval of the Community
Development Director.
2. The Mixed Use Project is subject to the use matrix provided in Exhibit C. Modifications
to the use matrix require the approval of the Planning Commission.
Ordinance No. 1486 (2005 Series)
Page 7
3. Restaurant uses on the project site shall be required to include interior spaces for the
storage of food scraps and other waste and shall contract for daily garbage service, to the
approval of the Architectural Review Commission or the Community Development
Director. Refuse storage areas shall be kept clean and odor free. If trash must be
relocated from the interior space of a restaurant to one of the exterior trash enclosures on-
site, it shall be done as close as possible to the trash pick -up time. To address noise
issues, plans for tenant improvements shall be evaluated to keep kitchen areas away from
exterior doors and windows, where residential units are located above.
4. Hours of operation for all commercial uses on the project site are limited to between 8
a.m. and 6 p.m., unless the Director approves an Administrative Use Permit for extended
hours.
5. The property managers for the project shall be required to maintain an updated and
accurate parking calculation worksheet for the commercial portions of the project site.
The worksheet shall be submitted to the Community Development Department with
every use permit application required by this resolution.
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.
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 limit restaurant activities that create very strong odors,
such as coffee roasting, as recommended by the APCD.
4. 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 paving (per the approved plans) that is damaged by City
crews as part of utilities maintenance of public facilities on -site.
5. Parking in the Orcutt Road commercial parking lot shall be open to all residents of the
project at all times. Parking in the Broad Street commercial parking lot may be restricted
during daytime hours to insure adequate parking for proposed commercial uses.
Ordinance No. 1486 (2005 Series)
Page 8
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: Council Members Brown and Ewan and Vice Mayor Settle
NOES: Council Member Mulholland and Mayor Romero
ABSENT: None
4eo:—:A;l
Mayor David F. Romero
ATTEST:
lyAudrey Hooper
City Clerk
APPROVED AS TO FORM:
Jonat . Lowell
City Attorney
hereby certify that this document is a iru
and accurate copy of Ordinance No. N _
and that the ordinance was publishes: pursuant
to Charter Section 602.
Daie City Clerk
Creekston - Planned Development Rezoning - Exhibit A
Existing:
Proposed:
Exhibit B - Creekston PD Overlay - Development Standards
Setbacks
Street Yards
Buildings
Parking
Orcutt Road
8 feet
3 feet*
Broad Street
5 feet
None*
*Minimum three feet landscaping required between back of sidewalk and parking spaces
Side Yards:
Internal Property line setbacks subject to building code requirements and design review
Height
Loft Bldgs 57 feet
All Other Bldgs 37 feet
Creek Setbacks (permitted encroachments)
Broad Street - Parking and External Stairs (Lot 39) -Up to 7 feet, per approved plans
Orcutt and McMillan Driveway - Per approved Development Plan and existing easement
Loft Building - Up to 7 feet, per approved Development Plan
Broad Street Access Bridge - Per approved Development Plan
Pedestrian Bridge to Tumbling Waters — Per approved Development Plan
Lot 36 — Up to 280 s.f., per the approved Development Plan
Parkine Requirements
The HOA, or property manager for the commercial spaces if there is one, shall be
responsible for maintaining a parking calculation worksheet for the project and shall
submit the worksheet to the City of San Luis Obispo whenever an Administrative Use
Permit is requested under this ordinance.
Parking requirements for the project are per Zoning Regulations Standards and the
approved plans, with a 25% reduction provided overall for the project.
Motorcycle parking requirements are waived for the residential portion of the site.
Creekston PD Standards Exhibit B
Parkinst 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).
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.
Exhibit C — Creekston Use List tGGPD Zone)
Staff proposed use list for Creekston, Community Commercial Planned Development
1. Allowed Uses:
• ATMs
• Auto .,at4s sales, without : st.,llat;a
• Banks and financial services
• Building and 1. ids a „•,ate. -ials sales, f
�iauvvi
• Business support services
• Caretaker quarters
• Convenience store
• Copying and quick printer service
• Day care — Day care center
• Day care — Family day care home
• Fitness/health f eil:tie
• Furniture, furnishings, and appliance stores
• General retail — 2,400 sf or less (maximum total General Retail floor area for project)
• Groceries, liquor, specialty foods
° Medical service — Doctor office (above ground floor)
° Mixed -use project
° Office — Accessory (above ground floor)
° Office — Business and Service (above ground floor)
° Office — Production and administrative (above ground floor)
° Office — Professional (above ground floor)
2-Office-supporting retail, 2,000 sf or less
• Personal services
o photo pho r, .,hOtOg .. - aph: St,,,-1:
o D t' 1 h' 1 as teinperar-y dwelling (See Seet:on 17.08.010.C;-.4)
• Residential support services
• Restaurant
• Seheal Sp .,1; ed o l„ t: „fit,- R {Tl t appreval en ground fle r, allowed
aloe)
• Social service organization
• Transit stop
• Vending machine (See Section 17.08.050)
• Veterinary clinic /hospital, boarding, small animal, indoor
Uses Allowed with Director's or Chief Building Official's Approval by Letter:
• Office — Temporary, real- estate sales office in tract
• Office — Temporary, on -site mobile home as a construction office
• Outdoor temporary and/or seasonal sales
Uses Allowed with Director's Approval Use Permit:
° Bar /tavern
0 Building an 1,,,,.- seape materials sales, „t,1oof
r
0 Cater-in —
• Club, lodge, private meeting hall
• Commercial recreation facility - Indoor
I n t Sales f aleeholie h n motor - f-44
�Qo
Exhibit C — Creekston Use List kC -C -PD Zone)
0
— All retail r, er-e than 2,009 sf, , p to 1 c nnn Sf
, , ,
* general retail 44or-° than 15,000 s , t„ n c
f p , nnn s
* C—Lene-r-al -r °mil More than 45,000 s f , p t„ tin nnn s
, ,
° Library, museum
° Library, branch facility
0
° Medical service — Doctor office (ground floor)
o Night elub
° Office — Accessory (ground floor)
° Office — Business and Service (ground floor)
° Office — Production and administrative (ground floor)
° Office — Professional (ground floor)
Parades, Gamivals, , Festivals
0
° Photographer, photographic studio
•
•
• Religious facility
o serwiee station
• Special event
• Studio — Art, dance, martial arts, music, etc.
• Temporary or Intermittent Uses
o The t,-
e
Vehiele ser; ees Gafwash
0
Wafeliouse stores 45,000 sf of: less
Uses Allowed with Planning Commission Approval:
° Antennas and telecommunications facilities
o n_ _ l n :i r)F- -- «L -- cn nnn , C . — i nn nnn
• �-
�L
0 r-\ aA.;,,,
O-a�zvl -�- G-4v- , " --
TO