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HomeMy WebLinkAboutr 10531 Approve Land Use Map Amendments Tract Map 2928 1321 1327 Osos StreetRESOLUTION NO 10531 (201.1 Sci ies) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING A LAND USE ELEDIENT MAP Ai11ENDMENT TO RECONFIGURE THE BOUNDARY BETWEEN THE OFFICE AND iNIEDIUM -HIGH DENSITY RESIDENTIAL DESIGNATIONS ON THE SiTE, VESTING TENTATIVE TRACT MAP NO 2928 TO CREATE 9 RESIDENTIAL AND UP TO 8 COIN MERCiAL CONDOMINIUMS AND AN ADDENDUM TO THE PREVIOUSLY APPROVED MITIGATED NEGATIVE DECLARATION, FOR PROPERTY LOCATED A 1' 1321 S 1327 OSOS STREET, GP /R /TR/ER 96 -13 WHEREAS, the Planning Commission conducted a public heating in the Council Chamber of City Hall 990 Palm Street San Luis Obispo California on April 9 2014 and recommended approval of the project and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearmg in the Council Chamber of City Hall 990 Palm Street San Luis Obispo California on June 10 2014 pursuant to a proceeding instituted undei application GP /R/TR /L "R96 -13 ivhssion Medical Partners LLC applicant and WHEREAS, notices of said public hearing were made at the time and in the manner required by law and WHEREAS, the Cav Council has considered the Mitigated Negative Declaration (MND) of environmental impact that was previousIv approved by the Council on August 19 2008 along with the Addendum prepared to update the MND to be consistent with the current project as prepared by staff and reviewed by the Planning Commission and WHEREAS, the City Council has duly considered all evidence Hu ludmg the testimony of the applicant interested parties and the evaluation and recommendations by staff presented at said hearing NOW, THEREFORE, BE iT RESOLVED, by the City Council of the City of San Luis Obispo as follows SECTION 1 Environmental Determination The City Council adopted the project's Mitigated Negative Declaration on August 19 2008 which incorporates the following still relevant mitigation measures and monitoring programs into the project An Addendum to the MND was prepared for the current project (ER 96 -13) which demonstrates that no additional nutigation measures are required The City Council has reviewed and considered the information contained in this Addendum in its consideration of the project and finds that the preparation of a subsequent MND or EIR is not necessary based on the following Findings and subject to the tollowmg mitigation measures R 10531 Resolution No 10531 (2014 Series) Page 2 Findings 1 None of the circumstances included in Section 15162 which require a subsequent MND or EIR have occurred specifically 2 The project changes do not result in new environmental impacts 3 The circumstances under which the project is undertaken will not require major changes to the MND 4 The modified project does not require any substantive changes to previously approved mitigation measures Mnrgation Measures Air Quality 1 Temporary impacts from the project including but not limited to e%cavation and construction activities and vehicle emissions from heavy duty equipment have the potential to create dust and emissions that e,,ceed air quality standards for temporary and intermediate periods unless the following mitigation measures are incorporated a Construction vehicle speed at the work site must be limited to fifteen (15) miles per hour or less b 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 c Areas to be graded or excavated must be kept adequately wetted to prevent visible emissions from crossing the property line d 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 e Equipment must be washed down before moving from the property onto a paved public road and f 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 These conditions shall be noted on all project grading and building plans The applicant shall present evidence of a plan for complying with these requirements prior to issuance of a grading or building permit from the City The applicant shall provide the City with the name and telephone number of the person responsible for ensuring compliance with these requirements The Building Inspector and Public Works Inspectors shall conduct field monitoring Biological Resources 2 Trees identified by the Architectural Review Commission to be preserved shall be clearly marked on grading and construction plans The applicant shall submit a tree preservation agreement for review and approval by the Community Development Director The agreement shall be secured by a bond in the amount determined by the City Arbonst Resolution No 10531 (2014 Series) Page 3 Momtormg Program Prior to the issuance of a grading permit the applicant shall submit the required tree preservation agreement and actively coordinate with the City Arbonst during construction Cultural Resources 3 If significant archaeological materials are discovered during grading and construction all construction activities that may damage those materials shall immediately cease The project sponsor shall then propose specific mitigation based on a qualified archaeologist's recommendations The Director shall approve approve with changes or reject the mitigation proposal (if found incomplete infeasible or unlikely to reduce adverse impacts to an acceptable level) If the proposal is approved the project sponsor shall implement mitigation to the satisfaction of the Director A copy of the archaeologist's recommendations and the Director's decision will be forwarded to the Cultural Heritage Committee If grading results in the uncovering of artifacts then standard mitigation would be followed Monitoring Program Requirements for cultural resource mitigation shall be clearly noted on all plans for project ;radmg and construction Hazards and Hazardous Materials 4 if further contamination is encountered with site grading activities then work shall cease until the City s Hazardous Material Coordinator has been notified and had the opportunity to consult with other affected parties and appropriate governmental agencies to determine any necessary ne\tsteps Monitoring Program The City s Hazardous Material Coordinator shall be the lead in reviewing any subsequent studies necessary and assuring that any related site clean -up has taken place SECTION 2 General Plan Amendment Approval with Finding S 8, Conditions The City Council finds and approves the General Plan Amendment included as part of City Application No GP /R 96 -13 which reconfigures the boundary between the Office and Medium - High Density Residential designations on the site for the properties located at 1321 R 1327 Osos Street as shown on the attached Exhibit A based on the following findings and subject to the following conditions Fmchiws I The proposed modification is a minor amendment to the Land Use Element Map because it is a boundary change only which retains the emsung Office and Medium -1 -ligh Density Residential designations for the site with the same relative proportions of the overall site area intact Resolution No 10531 (2014 Series) Page 4 2 The proposed General Plan Amendment will not be detrimental to the health safety and welfare of those living and working in the vicinity since the proposed change to the City s map accommodates the planned redevelopment of the site with uses and improvements that will be compatible with other properties in the same block that are either designated Office or Mech a i -High Density Residential 3 On August 19 2008 the City Council adopted a Mitigated Negative Declaration (MND) which adequately addresses the potential significant environmental impacts of the proposed project The MIND along with the prepared Addendum adequately evaluate the potential environmental impacts associated with the current project Conditions 1 The I.and Use Element Map is hereby amended as shown in Exhibit A 2 The Community Development Director shall cause the change to be reflected in documents which are on display in City Hall and are available for public viewing and use SECTION 3 Vestine Tentative Tract Man No 2928 Approval with Findutes and Conditions The City Council does hereby approve application TR 96 -13 (County Map No 2928) based on the following findings and subject to the following conditions and noting certain code requirements i indines The design of the vesting tentative tract map is consistent with the General Plan because the proposed subdivision respects existing site constraints will incrementally add to the City s residential housing inventory result in condominium units that meet density standards and will be consistent with the density and development limits established by the Office (0) and Medium -High Density Residential with the Historical Perseveration overlay zoning district (R -3 -1­1) 2 The site is physically suited for the proposed type of development allowed in the Office and R -3 -H zones since the site is generally flat surrounded by a mature of residential projects parking lots and off ice buildings 3 The design of the subdivision will not conflict with easements for access through (or use of property within) the proposed subdivision 4 The design of the vesting tentative tract map and proposed improvements are not likely to cause serious health problems substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat because the site does not have any creeks or other potentially significant habitat areas for fish and wildlife 5 Tandem parking within the project is supported for the following reasons Resolution No 10531 (201 4 Series) Page 5 a The City of San Luis Obispo encourages creative use of mfill development to provide opportunities for much needed workforce housing near the downtown to support adopted Housing Element policies and goals b The site is unusually configured and with building height limitations poses difficult building design constraints that would potentially result in fewer residential units if conventional side -by -side parking were insisted upon c The project site is located adjacent to the downtown core that will provide pedestrian access to many daily needs of the residents Therefore residents may be less dependent on use of their automobiles such that the inconvenience associated with tandem parking may be minimized 6 On August 19 2008 the City Council adopted a Mitigated Negative Declaration (tIV1ND) which adequately addresses the potential significant environmental impacts of the proposed project The MND along with the prepared Addendum adequately evaluate the potential environmental impacts associated with the current project Conditions 1 The subdivider shall prepare conditions covenants and restrictions (CC &R's) to be approved by the Community Development Director and the City Attornev prior to final map approval CC &R's shall contain the following provisions a Creation of a homeowners' association to enforce the CC &R's and provide for professional perpetual maintenance of all common areas including private dnveways drainage on -site sewer facilities parking lot areas walls and fences lighting and landscaping b Grant to the city the right to maintain common areas if the homeowners' association fails to perform and to assess the homeowners' association for etpenses incurred and the right of the city to inspect the site at mutually agreed times to assure conditions of CC &R's and final map are being met c No parking except in approved designated spaces d No outdoor storage of boats campers motorhomes or trailers nor long -term storage of inoperable vehicles f No outdoor storage by individual units except in designated storage areas g No change in City - required provisions of the CC &R's without prior City Attorney approval h Homeowners' association shall file with the City Clerk the names and addresses of all officers of the homeowners' association within 15 days of any change in officers of the association Resolution No 10531 (2014 Series) Page 6 I Provision of appropriate "no parking" signs and red - curbing along interior roadways as required by the City Fire Department CC &R's shall not prohibit location of solar clothes drying facilities in private yards which are substantially screened from view k Prospective property owners and renters shall be notified of the project s provision of tandem parking Additionally, they shall be advised that they should ensure that the amount of on -site parking is adequate for their needs because they will not be able to obtain on- street parking permits for any additional parking needs The responsibility for the placement of the trash and recycling containers at the street on collection days will be the responsibility of the propertv owner s association The property owner s association shall coordinate with San Luis Garbage Company regarding the collection time and preferred location for the placement of trash and recycling containers to minimize the obstruction of the public right -of -way 2 As part of the encroachment permit for the proposed frontage improvements the applicant shall submit plans to address any changes made to on- street parking signage and striping to the approval of the City Engineer 3 The applicant shall pay in-lieu fees for the 19 off-site parking spaces that will be eliminated with development 4 Short term bicycle parking shall be provided in a minimum of two locations one for bicyclists entering from Osos Street and one for bicyclists entering from Morro Street 5 The details of the required lockable private storage areas (minimum of 200 cubic feet per unit) shall be to the review and approval of the Architectural Review Commission 6 The Community Development Director shall review the final map to determine that any necessary revisions that result from review and approval of the final project design by the Architectural Review Commission are in substantial conformance with the approved tentative map 7 The down sloping Morro Street driveway slope shall comply with City standard 2130 8 To ensure pedestrian safety the driveway e\us shall provide a minimum of ten (10) feet clear visibility to the sidewalk on both sides of the e%it unobstructed by building corners columns or other visual impediments The distance is measured behind the stop bar and two feet to the right of the centerline where a driver would be located in a stopped velucle 9 The Drainage Report shall address post - development water quality per City Standard 101 OB Details of the passive design concept proposed shall be discussed in an amended Resolution No 10531 (2014 Series) Page 7 report and shown on plans submitted for final review by the Architectural Review Commission 10 New curb gutter and sidewalk will be required along the project frontage on Osos Street and Morro Street I I All wire utilities to the new units shall be underground No additional utility poles shall be set and no wires shall be extended across the proposed protect to serve adjacent properties 12 The subdivider shall dedicate a 10 wide public utility and street tree easement across the site frontage on Morro and Osos Streets Said easements shall be adjacent to and contiguous with all public right -of -way lines bordering the site 13 The subdivider shall provide individual electrical phone television natural gas and water service and related utility company meters to each unit to the approval of the affected utility company and the Public Works Director Sub - metering of the water services may be allowed upon request and with the approval of the Utilities Director 14 Pursuant to Government Code Section 66474 9(b) the subdivider shall defend indemnify and hold harmless the City and/or its agents officers and employees from any claim action or proceeding against the City and /or its agents officers or employees to attack set aside void or annul the approval by the City of this subdivision and all actions relating thereto, including but not limited to environmental review Code Requirements The following code tequoements are included for unfornianonal proposes only 7hey serve to gn e the applicant a genet al ilea of other Cuy i eguirements that will apply to the project This is not intended to be an erhausnve /tw as other requirements may be identrijied dining the plan check process Long and short -term bicycle parking shall be provided in accordance with City standards Bike lockers or interior space within each dwelling unit or accessory structure shall be provided for the storage of at least two bicycles per dwelling unit in addition one short term bicycle parking space shall be provided for guests of the residential units and a minimum of three long term parking spaces and two short term parking spaces shall be provided for the office uses All bicycle parking shall be located outside of the public right of way 2 Any easements including but not limited to provisions for all public and private utilities access drainage, common driveways and maintenance of the same shall be shown on the final map or recorded separately prior to snap recordation if applicable 3 A preliminary soils report is required in accordance with the Subdivision Map Act and the City of San Luis Obispo Subdivision Regulations at the time of final map submittal Resolution No 10531 (2014 Series) Page 8 The report shall be referenced on the final map in accordance with the city s Subdivision Regulations and the Subdivision Map Act Upon motion of Council Member Carpenter seconded by Council Member Ashbaugh and on the following roll call vote AYES Council Members Ashbaugh Carpenter and Smith and Mayor Mar\ NOES None ABSENT None ABSTAINING Vice Mayor Christianson The foregoing resolution was adopted this 10`h day of June 2014 May r JaA Nlan 11 1 — ATTEST z- ,� n APPROVED AS Ythnsune U City Attorney Exhibit A General Plan Land Use Map Existing Land Use Proposed Land Use Medium-High Density Residential Office Resolution No. 10531 (2014 Series) Page 9