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HomeMy WebLinkAboutO-1651 Amending Ordinance No 1130 modifying design criteria (Section 5- Code 1630-2018 south side MontereySt)O 1651 ORDINANCE NO. 1651 (2018 SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING ORDINANCE NO. 1130 (1989 SERIES), MODIFYING THE DESIGN CRITERIA, SECTION 5 (CODE- 1630-2018; SOUTH SIDE OF MONTEREY STREET BETWEEN 103 AND 2223 MONTEREY, INCLUSIVE) WHEREAS, on February 7, 1989, the City Council of the City of San Luis Obispo adopted Ordinance 1130, amending the official zoning map from C-T to C-T-S for properties on the south side of Monterey Street between 1603 and 2223 and amending the official zoning map to expand the C/OS-5 zone along San Luis Creek Drive between Monterey Street and San Luis Drive; and WHEREAS, Ordinance 1130 (1989 Series) established design criteria for any new development or use or expansion of any existing development or use within the C-T-S zone; and WHEREAS, the Land Use Element of the City’s General Plan, Program 8.3, calls for the City to review and update Ordinance 1130 and involve residents to ensure that neighborhood concerns are addressed; and WHEREAS, City staff has coordinated review of possible changes to Ordinance 1130 with residents of the adjacent San Luis Drive neighborhood; and WHEREAS, the Planning Commission 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 June 27, 2018 for the purpose of considering amendments to ordinance NO. 1130; and WHEREAS, the City 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 August 21, 2018, for the purpose of introducing an Ordinance for the amendment to Ordinance No. 1130; and NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Review. Based upon all the evidence, the Planning Commission recommends that the City Council adopt the Initial Study / Negative Declaration as prepared for the comprehensive Zoning Regulations Update (GENP-0327-2018). The initial study addresses all environmental issues listed in Appendix G of the State CEQA Guidelines, and tiers with and incorporates, by reference, the Land Use and Circulation Element Final Program Environmental Impact Report pursuant to State CEQA Guidelines Sections 15150 (Incorporation by Reference), 15152 (Tiering), and 15168 (Program EIR). SECTION 2. Action. The City Council of San Luis Obispo herby amends the Ordinance 1130 to replace the design criteria (previously referred to as Section 5) with following criteria described below. Ordinance No. 1651 (2018 Series) Page 2 O 1651 SECTION 3. Land Use and Design Criteria. That any new development or use or expansion of any existing development or use approved after the effective date of this ordinance shall be subject to the following design criteria: 1. All new structures approved after adoption of this ordinance shall be setback a minimum 20 feet from the existing top of creek bank or edge of riparian vegetation, whichever is farther from the creek flow line (subsequently called the “creek setback reference line”). The setback area may be occupied by landscaping and fencing. No new facilities for parking, active recreation or noise generating equipment may occupy the creek setback area. 2. The number and size of building openings facing the creek shall be minimized. Windows shall be no larger than the minimum required by public safety. Glazing shall not reflect sunlight toward the creek nor allow internal lighting to shine toward the creek. Balconies and/or attendant doors are prohibited. 3. Screening shall be provided between the buildings and the creek which may include fencing, decorative walls and landscaped berms, said screening shall at a minimum include restoration and enhancement of the creekside vegetation, and shall also be designed and built so as to block view corridors of the building visible from residential neighbors. 4. Lighting between the buildings and the creek shall be limited in intensity and scale to the minimum necessary for security and identification and shall be designed so as not to shine offsite. 5. The expansion or redevelopment of properties shall make maximum use of common driveways. 6. All new uses must be found by the Planning Commission to be compatible with the riparian habitat and adjacent residential uses, considering such variables as light and glare, privacy, noise and traffic. In all cases, uses shall be adequately buffered from the creek and adjacent residences in a manner which mitigates potential offsite impacts. 7. Noise generating uses such as parking and active outdoor recreation uses, such as swimming pools, outdoor bars, and gathering areas shall be located on the interior of the site, using buildings as a buffer. 8. All drainage to the creek shall be directed in a manner which does not erode the creekbank, harm the creekside vegetation or degrade the quality of the creek and its riparian habitat. Appropriate systems may include the use of debris and rubbish screens, oil and grease traps and erosion control/energy dissipaters subject to the approval of the City Engineer and the State Department of Fish and Wildlife. Ordinance No. 1651 (2018 Series) Page 3 O 1651 9. Building height shall be restricted as follows: a) Between 20 and 50 feet, of the creek setback reference line, maximum height shall be 25 feet. b) Between 50 and 80 feet of the creek setback reference line, maximum height shall be 35 feet. c) Beyond 80 feet from the creek setback reference line, maximum height shall be 45 feet. 10. Grading within the creek setback area shall be limited to that necessary to stabilize the creekbank and to accommodate landscaping, and shall be done in a manner which does not increase erosion of the creekbank or result in the removal of or significant damage to creekside vegetation. 11. As a condition of every new use established or expansion of existing use, that portion of a commercial lot which lies within the C/OS-5 zone shall be dedicated as a perpetual open space easement. 12. In special circumstances, the Planning Commission may lower the height and/or increase the setback standards established by this ordinance. 13. The revised C/OS-5 boundary and design criteria contained in this ordinance shall be recorded and referenced on the title of all affected parcels. 14. The creekside setback area and/or the area beneath the high berm on the creekside shall not be used for a public or urban trail. 15. Any structure that functions primarily as a conference or convention center shall not be allowed. Meeting and conference rooms ancillary to other approved uses are allowed. Rooms whose primary use is for social gatherings (ballrooms, etc.) shall not be located creekside. 16. Openings associated with and resulting from underground, ground, or above ground parking, oriented toward the creek or that occur on the sides of the structures within 100 feet of the creek setback reference line are prohibited. 17. During all stages of planning and building, design and engineering plans and over-the- counter- changes to the approved plans and permit shall be a matter of public record (as defined in California Government Code Section 6520), shall be noted on the official packet of material, and shall be readily available to the public upon demand. 18. Any new proposal or significant alteration to an existing development shall be subject to a use permit approved by the Planning Commission. In approving a use permit, the Planning Commission shall find that the proposed conforms to all the criteria listed in Section 3.