HomeMy WebLinkAbout12/07/1993, 2 - GP/PD 41-93: AMENDMENTS TO THE GENERAL PLAN LAND USE AND ZONING MAPS, FROM RETAIL COMMERCIAL AND MEDIUM-HIGH-DENSITY RESIDENTIAL (C-C-H-S AND R-3-H) TO RETAIL COMMERCIAL (C-C-H-PD), TO ALLOW A MIXED-USE REDEVELOPMENT OF A 1/3-ACRE SITE ON IIIII^lyllll�ll�lllllll III MEETING DATE:
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COUNCIL AGENDA REPORT TEM NUMBER:
FROM: Arnold Jonas, Community Develo ment Director /;O
BY: Judith Lautner, Associate Planner L
SUBJECT: GP/PD 41-93: Amendment§ to the General Plan Land Use and Zoning maps,
from Retail Commercial and Medium-high-density Residential (C-C-H-S and R-3-
H) to Retail Commercial (C-C-H-PD), to allow a mixed-use redevelopment of a
1/3-acre site on the southwesterly corner of Nipomo and Dana Streets.
CAO RECOMMENDATION
1. Adopt a resolution changing the General Plan map from Medium-high-density Residential
to Retail Commercial; and
2. Introduce an ordinance concurring with the negative declaration of environmental impact
and amending the zoning map from Central Commercial with Historical and Special
Considerations overlays (C-C-H-S) and Medium-high-density Residential with Historical
overlay (R-3-H), to Central Commercial, with Historical and Planned Development
overlays (C-C-H-PD),
as recommended by the Planning Commission.
DISCUSSION
Background
The applicants want to develop a mixed-use project, containing retail, office, and. residential
uses. The applicants want to remove three buildings from the site, rehabilitate the fourth, and
construct two new buildings. The site is currently zoned C-.0-H-S (the "Soda Works" building
and creek only) and R-3-H (the remainder of the site). To allow commercial uses on the
residential portion-of the site, the applicants are requesting General Plan Land Use and Zoning
map changes. The project has been reviewed by three commissions:
The Cultural Heritage Committee (CHC) reviewed the project twice, and at the second
meeting recommended to the ARC and City Council that three of the four buildings on
the site be retained, because of their historical importance, cultural significance,
architectural integrity, economic importance to the city's development, design continuity
and compatibility with the neighborhood, and the buildings' ages. That committee was
concerned that a large part of the city's history would be lost with the dismantling of
these buildings. (See the CHC minutes, in the Council office, for discussion, or review
tapes of the CHC meeting in the Community Development Department.)
The Architectural Review Commission (ARC) also reviewed the request twice. At the
second meeting, that commission expressed concern about the historical value of the
buildings, and felt that value would be preserved if portions of two of the buildings were
actually preserved. The ARC supported dismantling of the interior brick building and
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1015 Nipomo Street
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the antique store, but recommended that the existing facade of the soda works building
and the facade of the brick residence facing Nipomo Street, up to the ridge line of the
roof, be preserved and made a part of the new structures. The remainder of the soda
works building was recommended to be rebuilt as proposed by the applicants. The ARC
supported redevelopment of the remainder of the site, asking that consideration be given
to retaining the character of the interior brick building. In other words,the Commission
wanted the applicants to try to incorporate the scale and general style of the interior
building into the new buildings.
The Planning Commission (PC) reviewed the request twice, before and after the ARC's
second meeting. The PC recommends that the redevelopment be approved, as requested
by the applicants and with conditions listed in the attached draft ordinance. This action
allows dismantling of both brick buildings and the antique store buildings, reconstruction
of the soda works building, and construction of two additional buildings. Structural
elements from the soda works building that are in good condition will be re-used in the
reconstruction, and elements from the other buildings are to be re-used on-site or
elsewhere.
Evaluation
Several issues were discussed during the six meetings of these three bodies. Issues that were
easily resolved by the commissions as a whole were general plan consistency, traffic and
parking, yards, the cantilevered walkway, and open space. For a greater discussion of these
items, see the August 25 PC report and minutes, attached. For discussion of neighborhood
compatibility,planned development findings(and alternatives to that zoning), and proposed uses,
see the November 10 PC report.
Issues that led to the differences in recommendations are reviewed in greater detail below:
1. Demolition versus retention. The major difference among the recommendations by the
different commissions came from differences in perception of the existing buildings.
The Chief Building Official visited the site and found the soda works building to be in
a dangerous condition. His review of the brick buildings was more cursory, but he notes
that "any non-residential use of the structures will require strengthening in compliance
with the City's Unreinforced Masonry Buidling Mitigation Program and the installation
of an automatic fire-extinguishing system". (See memo from Tom Baasch in the Council
office.)
The CHC felt the site itself is significant historically, because of the families that lived
and worked there, and the prominence of some of the residents and owners. The CHC
further felt the brick and soda works buildings represent that history in a way that no
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replacement structures ever could. Some Committee members felt that the deteriorated
condition of the buildings was the result of neglect, and that such neglect should not be
rewarded by permission to demolish the buildings. Therefore, the CHC recommended
that the brick buildings and the soda works building be retained on the site. The CHC
had no problem with the dismantling of the antique store building, which was built in a
later period and has no significant history associated with it.
The ARC tried to find a compromise between the CHC action, which would have
essentially prevented any substantial redevelopment of the site, and the applicants'
wishes. By discussing the situation with two CHC members, who were present at the
second hearing (the CHC members were speaking primarily for themselves, rather than
as spokespersons for the CHC) the ARC tried to determine the aspects of the buildings
that were most significant and should be preserved. The position ARC members reached
was that if significant portions of two of the buildings could be preserved, then the
remainder of the site could be redeveloped. The view of the site from Monterey Street
was considered the most significant, and therefore the action was to preserve the actual
front facades of the soda works building and one of the brick buildings.
The PC was concerned about the practicality of preserving structures that were not built
to last, and felt a redevelopment of the site that included rebuilding the soda works
building, with as much of the original material as possible, would be the best use for the
site and the downtown at this time. That Commission was more concerned about the
intensity of development, the mix of residential and commercial, and other site planning
issues than about the dismantling of the existing buildings.
There was no dispute about the historical value of the site, or of the soda works building.
The City's demolition regulations say:
D. Demolition of Historical Resources.
3. Findings Required. To approve the demoltion permit, the ARC must determine
that.-
a.
hat.a. The proposed replacement structure is as, or more, compatible with
neighboring development than the existing structure, consistent with ARC
guidelines; and
b. (1) The condition of the structure to be demolished poses a threat to the health,
safety or welfare of community residents or people living or working on or near
the site, or
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1015 Nipomo Street
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(2) the applicant has demonstrated that it is financially infeasible to
rehabilitate the structure or preserve the historic nature of the site.
It appears that both a. and b.(1) of the above findings can be made, and b(2) may be
possible as well.
2. The mixed-use concept. The applicants want to redevelop the site with a mixture of
commercial and residential uses. The ARC was less interested in the residential
component, suggesting that with appropriate building design, the entire site could be
commercial. The ARC felt that elimination of the residential portion of the project could
offer more income potential for the owners, and therefore help to support the cost of
preserving portions of existing buildings. The PC was more interested in the residential
uses, and suggested that a minimum number of units be established with the PD. The
PC wanted the owners to have the ability to convert commercial space to residential in
the future, if the economic situation changes. Recommended conditions reflect this
intent.
The combination of residential and commercial uses works well on this site. The
apartment building is adjacent to the residential uses on Dana Street, and provides a
buffer and transition from that use to the commercial. In the C-C zone, both residential
and commercial uses are allowed. Many buildings in the downtown house commercial
uses on the ground floor, and offices and residential uses on upper floors. Therefore,
no special approvals are needed to mix these uses.
Staff is recommending that the Council follow the Planning Commission's recommendation, with
a change to recommended condition no. 1: The City Arborist wants the avocado tree on the
corner to be retained, and has trimmed the tree already to allow for the construction of a
building near it. However, if during the construction process the arborist feels the tree cannot
be saved, he supports its removal and replacement with two other trees. The condition initially
said that the tree must be retained, and allowed no alternative. Staff has modified the condition
to allow replacement planting if the arborist determines that the tree cannot reasonably be
retained.
If the amendments are approved, the project will return to the ARC for final approval. The ARC
action will need to be consistent with the Council-approved plans and conditions.
ALTERNATIVES
The Council may approve the map changes as recommended by the CHC or the ARC. This
action would require new plans to be submitted to the ARC, consistent with that action.
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city of San LaIS OBISPO
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The Council may continue action, if it wants to see changes made to the plans prior to action.
Direction should be given to the applicants and staff.
The Council may deny the request, if findings are made to support a denial.
Attached:
eanning Commission reports
aftresolutions
aff ordinance
In Council office:
attachments to November 10 PC report
Planning Commission minutes - November 10
' i
RESOLUTION NO. (1993 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AN AMENDMENT TO THE GENERAL PLAN MAP, FR01N4
MEDIUM-HIGH-DENSITY RESIDENTIAL
TO RETAIL COMMERCIAL, FOR PART OF
A ONE-THIRD-ACRE SITE AT 1015 NIPOMO STREET
(GP 41-93)
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this council, after consideration of public testimony,
the general plan amendment request GP 41-93, the Cultural Heritage Committee's, Architectural
Review Commission's and Planning Commission's recommendations, staff recommendations and
reports thereon, makes the following findings:
1. The proposed map amendment will not adversely affect the health, safety and welfare of
persons living or working at the site or in the vicinity, as evidenced in the negative
declaration with mitigation granted July 29, 1993.
2. The proposed map amendment conforms to the general plan.
3. An initial study of environmental impacts was prepared by the Community Development
Department on July 29, 1993, that describes significant environmental impacts associated
with project development. The Community Development Director has reviewed the
environmental initial study and granted a Negative Declaration of environmental impact,
with mitigation. The initial study concludes that the project will not have a significant
adverse impact on the environment, subject to the mitigation measures, listed below, being
incorporated into the project, and the City Council hereby adopts the Negative Declaration
and finds that it reflects the independent judgement of the City Council.
SECTION 2. Approval. The general plan amendment GP 41-93 is hereby approved.
On motion of seconded by and
on the following roll call vote:
Resolution no. (1993 Series)
GP 41-93
1015 Nipomo Street
Page 2
AYES:
NOES:
ABSENT:
the forecoinc, resolution was passed and adopted this day of 1993.
Mayor
ATTEST:
City Clerk
APPROVED:
/Xllttoe
�-7
RESOLUTION NO. (1993 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING A GENERAL PLAN AND ZONING MAP AMENDMENT
FOR PROPERTY AT 1015 NIPOMO STREET (GP/PD 41-93)
BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1 . Findings. That this council, after
consideration of public testimony, the general plan and zoning map
amendment application GP/PD 41-93 , the Cultural Heritage
Committee's, Architectural Review Commission's, and Planning
Commission's recommendations,' staff recommendations and reports
thereon, makes the following finding:
1. The map amendment is inconsistent with general plan
policies; specifically: (list)
SECTION 2. The request for amendments to change the
property's designation from Retail Commercial (C-C-H-S) and Medium-
high-density Residential (R-3-H) to Retail Commercial (C-C-H-PD) is
hereby denied.
On motion of seconded by
and on the following roll call vote:
AYES:
NOES:.
ABSENT:
the foregoing resolution was passed and adopted this day
of 1993 .
oZ 'O
Resolution no. (1993 Series)
GP'/P0 4.1-93
1.015 Nipomo Street
Page 2
Mayor -
ATTEST•
City
APPROVED:
ORDINANCE NO. (1993 SERIES)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE ZONING
REGULATIONS MAP TO CHANGE A ONE-THIRD-ACRE SITE ON THE
SOUTHWESTERLY CORNER OF NIPOMO AND DANA STREETS FROM C-C-H-S
AND R-3-11 TO C-C-H-PD,ALLOWING SOME EXCEPTIONS TO YARDS (PD 41-93)
WHEREAS, the City Council has held a hearing to consider the planned
development request PD 41-93; and
WHEREAS, the City Council makes the following findings;
Findings
1. Features of the particular design achieve the intent of conventional standards (privacy,
usable open space, adequate parking, compatibility with neighborhood character, and
so on) as well as the standards themselves, because the design creates a transition
from a high-density residential neighborhood to the more-intense downtown retail
area.
2. The proposed project provides exceptional public benefits, including a creekside
walkway, restricted uses, and a design that retains the historical value of the site,
that would not be feasible under conventional development standards in the R-3 zone.
3. The proposed redevelopment will not adversely affect the health, safety and welfare
of persons living or working at the site or in the vicinity, as evidenced in the negative
declaration with mitigation granted July 29, 1993.
4. The proposed redevelopment is appropriate at the proposed location and will be
compatible with surrounding land uses, because of the proposed mixture of residential
and commercial uses planned for the site.
5. The proposed redevelopment conforms to the general plan and meets zoning ordinance
requirements.
6. An initial study of environmental impacts was prepared by the Community
Development Department on July 29, 1993, that describes significant environmental
impacts associated with project development. The Community Development Director
has reviewed the environmental initial study and granted a Negative Declaration of
environmental impact, with mitigation. The initial study concludes that the project
will not have a significant adverse impact on the environment. subject to the
mitigation measures, listed below, being incorporated into the project, and the City
Council hereby adopts the Negative Declaration and finds that it reflects the
independent judgement of the City Council.
Ordinance no. (1993 Series)
PD 41-93
1015 Nipomo Street
Page 2
7. The existing buildings on the site are historically significant, because of their
architectural integrity, historical economic importance to the city's development,
design continuity and compatibility with the neighborhood. They may be dismantled
because a) the deteriorated state of the buildings. as determined by the Chief Building
Official, poses a threat to the health, safety or welfare of people living or working on
or near the site, and b) the new development will be at least as compatible with the
neighborhood as the existing development.
8. Impacts on the portion of the creek affected by the walkway are insignificant, because
the creek bank below the building cannot be revegetated without removal of the
building.
9. The Soda Works building is historically significant and should be reconstructed in its
original location.
10. Entrances along the southeasterly (creek) side of the site will encourage customers to
enter the retail or restaurant businesses in the "soda works" building from Nipomo
Street, and will therefore limit intrusion into the residential and office portions of the
site.
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. The Planned Development preliminary map PD 41-93 is hereby
approved, with the following exceptions:
Exceptions
The following variations in development standards and policies are hereby approved:
1. Seven-foot-wide streetyards where fifteen-foot wide yards would normally be
required.
2. A four-foot-wide walkway cantilevering over the creekbed, where a 20' setback from
the top of bank would normally be required.
Ordinance no. (1993 Series)
PD 41-93
- 1015 Nipomo Street
Page 3
SECTION 2. The Planned Development preliminary map PD 41-93 is subject
to the following conditions:
Conditions
Environmental mitigation measures:
1. Plans for the provision of a loading area, either on-site or along the curbside of the
Nipomo Street frontage, shall be approved by the Architectural Review Commission
or Public Works Director.
2. Bicycle racks will be provided for use by customers. Racks shall accommodate a
minimum of 10 bicycles.
3. Bicycle storage facilities for at least six bicycles shall be available to all employees,
free of charge, on a first-come-first-served basis. These facilities must be located in
an area that minimizes the possibility of theft, must be lockable, and protected from
the weather.
4. The applicant shall provide a permanent transportation bulletin board, coupled with a
literature display, in a prominent location in the soda works building. The literature
and bulletin board shall describe alternative transportation available, to the approval
of the Transit Manager.
5. Any private outdoor use areas for the residents shall be designed so that noise levels
within them are at or below 60 decibels. Information from an acoustical engineer
shall be submitted along with plans intended for final approval by the Architectural
Review Commission, that provides evidence of compliance with this standard.
6. To minimize conflicts between nearby residences and commercial tenant spaces,
deliveries, noisy maintenance activities such as leaf-blowing and commercial tenant
hours of operation shall be limited as a condition of the planned development
rezoning.
7. Noise insulation shall be provided in the floors and walls separating commercial
tenant spaces and proposed residences to the satisfaction of the Community
Development Director.
Ordinance no. (1993 Series)
PD 41-93
1015 Nipomo Street
Page 4
8. Commercial trash and loading areas shall be located as far away as possible from
residential uses.
9. A list of allowed and conditionally allowed uses for the project shall be approved
along with the planned development rezoning.
10. The applicant must demonstrate exemption from or compliance with the Asbestos
Notification Requirements of Part 40 of the Code of Federal Regulations, to the
satisfaction of the Air Pollution Control District, prior to issuance of a demolition
permit.
11. To minimize the amount of wind-blown dust that leaves the site, all areas disturbed
by construction must be watered at least once per day. If wind speeds exceed 15
mph, watering shall be increased accordingly.
Other conditions:
12. The 17" Avocado tree on the corner of Dana and Nipomo must be retained, if
possible. Protection of the tree during construction and trimming to accommodate
construction must be to the approval of the City Arborist. If the City Arborist
determines that the tree cannot be reasonably retained, then it may be removed and
replaced by two trees, to the approval of the City Arborist. The Black Locust tree on
the adjacent property must be protected during construction, to the approval of the
City Arborist.
13. Uses allowed at the site shall be restricted to those on the attached list (exhibit A). A
minimum of three two-bedroom dwellings shall be maintained on site. Commercial
uses may be converted to additional residential uses, in accordance with density
standards in the C-C zone, except that group housing is not allowed.
14. A portion of the property, at the corner of Nipomo and Dana Streets, must be
dedicated to the City for public right-of-way purposes, consistent with City
regulations and to the approval of the Public Works Director.
15. Construction of this project must be coordinated with the reconstruction of the
Nipomo Street bridge, a public project, to the approval of the Public Works
Department.
16. The hydrant across from 595 Dana Street must be upgraded to a commercial type, to
the approval of the Fire Department.
,2 -!3
Ordinance no. (1993 Series)
PD 41-93
1015 Nipomo Street
Page 5
17. A photographic survey of the existing buildings must be completed prior to
dismantling or renovation of any of the buildings. This survey shall be conducted to
the approval of the Community Development Director, who may request assistance
from the Cultural Heritage Committee.
18. The project shall include facilities for interior and exterior recycling for the
occupants. The applicant shall consult with local recyclers regarding the size and
location of areas dedicated to on-site recycling storage.
19. The project shall include a solid waste recycling plan for recycling of discarded
concrete, sheetrock, wood, and metals from the construction and demolition site to
the approval of the City's Solid Waste Coordinator or Community Development
Director.
20. The cantilevered walkway shall be private, and not a part of the Mission Plaza
extension.
SECTION 3. A summary of this ordinance, together with the names of
councilmembers voting for and against, shall be published at least (3) days prior to its final
passage, in the Telegram-Tribune, a newspaper published and circulated in this city. This
ordinance shall go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San
Luis Obispo at its meeting held on the day of , 1993, on motion of
seconded by and on the following roll call vote:
AYES:
NOES:
ABSENT:
Ordinance no: (1993 Series)
PD 4-1=93
10.15 Nipomo Street.
Page 6-
Mayor.
ATTEST--
City Clerk
APPROVED-
i At rn
CITY OF SAN LUIS OBISPO
PLANNING COMMISSION STAFF REPORT ITEM # 3
BY: Judith Lautner, Associate Planner . MEETING DATE: August 25, 1993
FILE NUMBER: GP/PD 41-93
PROJECT ADDRESS: 1015 Nipomo Street
SUBJECT: General plan and zoning map changes to allow a mixed-use redevelopment of a one-third-
acre site, on the southwesterly comer of Nipomo and Dana Streets.
RECONU1 IENDATION
Continue to a date uncertain, with direction to the applicants. A continuance will allow the applicants
to revise plans to address both Planning Commission and Architectural Review Commission concerns,
and therefore assure that a closely-coordinated recommendation proceeds to the City Council.
BACKGROUND
Situation
The applicants want to develop a mixed-use project, containing retail, office, and residential uses. The
applicants want to remove three buildings from the site, rehabilitate the fourth, and construct two new
buildings. The site is currently zoned C-C=H-S (the "Soda Works" building and creek only) and R-3-H
(the remainder of the site). To allow commercial uses on the residential portion of the site, the
applicants are requesting general plan land use and zoning map changes.
The Cultural Heritage Committee (CHC) has reviewed the demolition request, and the Architectural
Review Commission (ARC) has reviewed the project conceptually. This is the first Planning
Commission review.
Data Summary
Address: 1015 Nipomo Street
Applicant/Property Owners: Michael Leitcher and Mary Mitchell-Leitcher
Representative: David Watson
Zoning: Central Commercial, with Historical: and Special Considerations overlays (C-C-H-S)
and Medium-high-density residential, with Historical overlay (R-3-H)
General plan: Retail commercial - Civic Center and Medium-high-density residential
Environmental status: Negative declaration, with mitigation, granted by the Director July 29, 1993
Project action deadline: No state-mandated deadline for legislative actions
Site description
The 15,484-square-foot site contains four buildings: one two-story warehouse (4,400 square feet), one
smaller (1060 SF) commercial building, and two residential buildings that contain a total of five
apartments. The warehouse and residential buildings appear to have been built around the turn of the
century. Wooden additions have been made to the original unreinforced brick structures. The smaller
commercial building, which currently contains an antique store, is newer. Several avocado and fruit
trees shade the walkways between the buildings. The foundation of the warehouse building (Soda
Works) is built into San Luis Obispo Creek, a portion of which runs through the site.
GP/PD 41-93
1015 Nipomo Street
Page 2
The site is adjacent to three different land uses: residential along Dana Street (southwest of the site),
offices across Dana (mortuary), and commercial (the Creamery) to the southeast.
Project Descrintion
The project is to change general plan and zoning maps to allow redevelopment of the site. The map
changes are:
Land use man: Change the northerly half of the site from Medium-high density residential to Retail
Commercial-Civic Center (the southerly half of the site is already designated retail commercial).
Zoning map: Change from:
Central Commercial with Historical and "Special Considerations" overlays (C-C-H-S) (Soda Works
portion of site)
and
Medium-high-density residential, with Historical overlay (R-3-H) (remainder of site)
to
Central Commercial, with Historical and Planned Development overlays (C-C-H-PD).
The redevelopment includes:
* Renovation of the warehouse building, into a two-story, 4,400-S.F. commercial building, that could
contain restaurant, retail, or office uses.
* Removal of the three other buildings.
* Construction of two buildings: one two-story 5,300 S.F. building for retail and office uses, and one
three-story building containing three two-bedroom apartments and one small office. Eight parking
spaces are proposed on site, four of them in residential garages on the lower floor of the apartment
building.
EVALUATION
1. Are the new designations consistent with general plan policy' The attached initial study evaluates
the request in terms of policies in the land use element. The change would remove a portion of this
lot from a residential zone. General plan policies favor retention of residentially-zoned land over
conversion to commercial uses. However, residences of even greater densities are allowed in the
C-C zone. The project also includes a residential component. Therefore, the project can be found
consistent with general plan land use policies.
Z. Is it appropriate to demolish these buildings? A crucial part of the redevelopment plan is the
ability to dismantle the masonry buildings. The brick residential buildings are not subject to the
unreinforced masonry code requirements, as long as they are used as residences. However, if the
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GP/PD 41-93
1015 Nipomo Street
Page 3
use changes, they will need to be upgraded to meet seismic standards. It is unknown at this time
how such changes would affect the appearance or usability of the buildings.
The CHC reviewed the demolition request and recommends that it be denied, finding that the
buildings and the site are historically significant and an integral part of the city's economic history
(see minutes, attached). The CHC did not review replacement plans, because of its stand on the
demolitions, but asked that they be referred to that committee if the demolitions are supported by
the ARC.
The ARC generally supported dismantling the buildings, but only if the replacement plans were
more in keeping with the existing development. More specifically, the ARC wanted to see the brick
re-used and the scale of the buildings modified so that the Soda Works building retains its present
prominence. Commissioners also favored more of a "courtyard" use of the interior,of the site,
possibly by elimination of parking or provision of some spaces on the west side of the apartment
building (requiring that building to be moved easterly). A summary of .SRC comments is also
attached.
3. Findings need to be made. According to the zoning regulations, the planned development zone
"is intended to encourage imaginative development and effective use of sites. It does this by
allowing more variation in project design than normal standards would allow. Such variation from
normal standards should provide benefits to the project occupants or to the community as a whole
which could not be provided under conventional regulations. PD rezoning must occur
simultaneously with approval of a specific project."
The proposed uses and the redevelopment do not require a planned development rezoning, although
a rezoning to C-C is required. If the applicants had requested a rezoning to C-C-H, without the PD,
they could have done so without any redevelopment plans for the site. Without seeing
redevelopment plans, though, the Commissions and Council would not have a say in the
redevelopment plans for the site, and would be unable to assure that neighborhood compatibility
issues are resolved. Staff supports the PD rezoning approach because it allows review of
development plans and because conditions can be placed on the project. In this case, the PD
rezoning allows the City to prohibit certain uses from locating here that would otherwise be allowed,
or conditionally allowed, in the C-C zone (see section 6, below). Staff sees this as a benefit for the
public as a whole.
To approve a planned development rezoning, specific findings must be made. The Planning
Commission and City Council must find that the project meets one or more of the following:
1. It provides facilities or amenities suited to a particular occupancy group (such as the elderly
or families with children) which would not be feasible under conventional zoning;
2. It transfers allowable development, within a site, from areas of greater environmental
sensitivity or hazard to areas of less sensitivity or hazard;
3. It provides more affordable housing than Mould be possible with conventional development:
GP/PD 41-93
1015 Nipomo Street
Page 4
4. Features of the particular design achieve the intent of conventional standards (privacy, usable
open space, adequate parking, compatibility with neighborhood character, and so on) as well as
or better than the standards themselves;
5. It incorporates features which result in consumption of less materials, energy or water than
conventional development;
6. The proposed project provides exceptional public benefits such as parking, open space,
landscaping, public art, and other special amenities which would not be feasible under
conventional development standards.
In the present case, there is only one exception request: for a streetyard of 7' (along Dana Street)
where 15' is required. It appears that this reduced streetyard is proposed because the designer was
unaware of the streetyard requirement for zones adjacent to residential zones. The design. then,
essentially complies with normal standards. The project will also include design features that
provide public benefits, including the creekside walkway, the mixture of residential and commercial
uses, bicycle lockers for employees, and restricted uses. It appears that findings no. 4 and 6 could
be made in this case. More specifically, staff suggests that the following findings be made:
* Features of the particular design achieve the intent of conventional standards (privacy, usable
open space, adequate parking, compatibility with neighborhood character, and so on) as well
as the standards themselves, because the design essentially conforms with conventional
standards.
* The proposed project provides exceptional public benefits, including a creekside walkivay,
a mixture of residential and commercial uses, bicycle lockers for employees, and restricted
uses, that would not be feasible under conventional development standards.
4. Streetyards and trees. As noted above, the Dana Street streetyard does not conform to Zoning
Regulations standards. Staff believes this is because of an oversight on the part of the designer.
Compliance with the fifteen-foot setback would increase compatibility with the neighboring
residential property, and provide a greater degree of open space. Staff recommends that the fifteen
foot streetyard be required to be maintained on Dana Street.
The City Arborist notes that a 17" Avocado now grows on the corner of Dana and Nipomo Streets
(noted as 24" on pians). The arborist wants this tree retained. To retain this tree in good condition
would require some modifications to the new building facing Nipomo Street. Staff recommends that
the tree be retained, and that direction be given to the applicants to revise the plans accordingly.
5. Traffic and parking problems would increase. If the project is approved, the expected uses would
draw customers and clients to the site. The eight proposed parking spaces would be reserved for
residential and office uses, and would not be available to serve customers. Customers in vehicles
would thus have to find places to park off-site. On-street spaces are usually filled in this area, and
the Creamery parking lot next door is closely monitored. It may be possible for the applicants to
secure some joint use of the Reis Mortuary parking lot, but at this time no arrangements have been
made.
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It is likely that customers in vehicles will circle the area, looking for spaces, and will increase traffic
levels on Nipomo and Dana Streets. Mitigation measures for the project are intended to lessen the
number of vehicles coming to the site, and therefore focus on facilities for alternative transportation:
bicycle lockers for employees, bike racks, and a bulletin board for ride-sharing, transit, and other
information. These measures will not entirely erase the additional traffic expected to be generated
by the project. Like other locations in the downtown without on-site parking, customers and clients
will need to park in approved structures or lots and walk to the site. However, as the site would
be an extension of the downtown, it is likely that many customers and clients will already be in the
area on foot.
If the Commission feels that parking will be a large problem for this site, then it may wish to
recommend a condition that off-site parking nearby be secured before any redevelopment can take
place. Alternatively, the Commission may wish to restrict uses to those that would not attract large
numbers of clients or customers. Such a restriction would, however, significantly affect the viability
of the project.
6. Nearby residences may be affected. Because the project would be adjacent to a residential
neighborhood, uses should be restricted to those that are not loud or open late. Approval of the
planned development should include a list of allowed uses, excluding uses such as night clubs,
athletic clubs, and dance studios.
7. The cantilevered walkway. The proposal includes the building of a walkway that would cantilever
over the creek. The benefit of this walkway is that it would draw customers into this side of the
project, discouraging access from Dana Street. It would also be an amenity that enhances the site
and provides an alternative extension of Mission Plaza. The walkway would be four feet wide, and
would encroach into the creek two feet beyond the base of the retaining wall existing below that
building. The initial study discusses the effect of this encroachment on the creek and, cumulatively,
on other properties with creeks. The initial study concludes that the walkway is not likely to have
a significant impact on the creek, because of the existing retaining wall. However, approval of such
an element may result in other property owners wanting to extend buildings over creek banks.
Therefore, if the walkway is approved, that approval should be based on special findings that cannot
easily be made for other properties. The initial study suggests some findings for this purpose.
8. Private open space is important, according to the ARC. Present plans do not include private
outdoor space for the residences. The ARC feels such space should be provided, and suggests that
it take the form of balconies overlooking the interior of the project.
9. Coordination with the ARC is necessary. While the City Council approves preliminary
development plans, the ARC is required to approve architectural plans. Therefore, it is important
that the Council approve a preliminary plan that is acceptable to the ARC. The current plans are
not acceptable to that commission. However, the ARC has indicated that if the project is changed,
consistent with its direction, then it would be approvable.
The Planning Commission (PC) is reviewing the same plans that the ARC saw. The applicants want
to hear the concerns of the PC prior to revising the plans. Revised plans would return to the PC
for action (and possibly the ARC as well). Staff believes a continuance is the best way to assure
the needed coordination. However, it is also possible for the PC to recommend denial, if it feels
there are irreconcilable concerns with the project. This is the CHC recommendation. Or the PC
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may choose to recommend approval with conditions that alleviate its concerns, leaving the final
design to the ARC to approve. Draft conditions have been attached.
ALTERNATIVES
The Plannine Commission may:
1) Recommend approval of the project as designed, or with conditions.
2) Recommend denial of the project, based on findings. This recommendation should be made if the
Commission feels only a completely different project would be acceptable.
OTHER DEPARTMENT CO.Nf TENTS
The Public Works Department notes that there is no clear record explaining why the corner property
line extends into the street. The applicants say they are willing to dedicate the appropriate area to the
City, for road and sidewalk purposes. The City Arborist says that the two existing trees are to remain,
or must be replaced with two 48" Tristania confertas (the existing trees are in the sidewalk, and are
proposed to remain). The arborist also feels the 17" Avocado (noted as 24' on the plans) on the corner
of Dana and Nipomo should be retained, and notes that the Black Locust on the adjacent property must
be protected during construction. Construction of the project must be coordinated with Public Works
reconstruction of the Nipomo Street bridge. City Council approval is required for any encroachment
over San Luis Obispo Creek. All new structures must be raised or floodproofed to an elevation of
188.5 to 186.5 (one foot above the 100-year storm elevation, which varies with the elevation of the
site).
The Building Division notes that all buildings (new and existing) will require fire sprinkler systems, and
that the exit from the second floor, adjacent to Bay 8, must provide an unobstructed access to a public
way (Dana Street). This division also says that one of the parking spaces should be wide enough to
accommodate persons with disabilities, and that clearance above this space needs to be at least 8'-2".
Elevator access, balcony, and street level entries all need to meet handicap access requirements. .
The Air Pollution Control District finds the project consistent with their guidelines (see attached letter).
The Fire Department notes that the developer will have to upgrade one fire hydrant (across from 595
Dana Street) to a newer (commercial) type.
Attached:
vicinity map
environmental initial study
CHC minutes
ARC comments
statements by representative
recommended findings and conditions
In packet: preliminary plans
C� 02�
CITY OF SAN LUIS OBISPO
PLANNING COMMISSION STAFF REPORT ITEM x 1
BY: Judith Lautner, Associate Planner MEETING DATE: November 10, 1993
FILE NUMBER: GP/PD 41-93
PROJECT ADDRESS: 1015 Nipomo Street
SUBJECT: General plan and zoning map changes to allow a mixed-use redevelopment of a one-third-
acre site, on the southwesterly corner of Nipomo and Dana Streets.
RECOMMENDATION
Recommend approval of the general plan and zoning map changes, with conditions.
BACKGROUND
Situation
The applicants want to develop a mixed-use project, containing retail, office, and residential uses. The
applicants want to remove three buildings from the site, rehabilitate the fourth, and construct two new
buildings. The site is currently zoned C-C-H-S (the "Soda Works" building and creek only) and R-3-H
(the remainder of the site). To allow commercial uses on the residential portion of the site, the
applicants are requesting general plan land use and zoning map changes.
The Cultural Heritage Committee (CHC) has reviewed the demolition request, and the Architectural
Review Commission (ARC) has reviewed the project conceptually twice. The Planning Commission
(PC) first reviewed this request on August 25, 1993, and continued it with direction to the applicants
and staff. Plans were revised to respond to both ARC and PC concerns. The applicants are now asking
for a recommendation of approval of the general plan and zoning map changes.
Data Summary
Address: 1015 Nipomo Street
Applicant/Property Owners: Michael Leitcher and Mary Mitchell-Leitcher
Representative: David Watson
Zoning: Central Commercial, with Historical and Special Considerations overlays (C-C-H-S)
and Medium-high-density residential, with Historical overlay (R-3-H)
General plan: Retail commercial - Civic Center and Medium-high-density residential
Environmental status: Negative declaration, with mitigation, granted by the Director July 29, 1993
Project action deadline: No state-mandated deadline for legislative actions
Site description
The 15,484-square-foot site contains four buildings: one two-story warehouse (4,400 square feet), one
smaller (1060 SF) commercial building, and two residential buildings that contain a total of five
apartments. The warehouse and residential buildings appear to have been built around the turn of the
century. Wooden additions have been made to the original unreinforced brick structures. The smaller
commercial building, which currently contains an antique store, is newer. Several avocado and fruit
trees shade the walkways between the buildinss. The foundation of the warehouse building (Soda
Works) is built into San Luis Obispo Creek, a portion of which runs through the site.
GP/PD 41-93
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Page 2
The site is adjacent to three different land uses: residential along Dana Street (southwest of the site),
offices across Dana (mortuary), and commercial (the Creamery) to the southeast.
Project Description
The project is to change general plan and zoning maps to allow redevelopment of the site. The map
changes are:
Land use map: Change the northerly half of the site from Medium-high density residential to Retail
Commercial-Civic Center (the southerly half of the site is already designated retail commercial).
Zoning map: Change from:
Central Commercial with Historical and "Special Considerations" overlays (C-C-H-S) (Soda Works
portion of site)
and
Medium-high-density residential, with Historical overlay (R-3-H) (remainder of site)
to
Central Commercial, with Historical and Planned Development overlays (C-C-H-PD).
The redevelopment includes:
* Renovation of the warehouse building, into a two-story, 4,400-S.F. commercial building, that could
contain restaurant, retail, or office uses.
* Removal of the three other buildings.
* Construction of two buildings: one two-story 4,675 S.F. building for retail and office uses, and one
three-story building containing three two-bedroom apartments. Six parking spaces are proposed on
site, in residential garages on the lower floor of the apartment building.
EVALUATION
1. The Planning Commission's direction to the applicants. At the August 25 meeting, the
Commission gave the direction to the applicants and to staff. The following paragraphs state the
direction given to the applicants and outline the applicants' response.
Compatibility. Improve compatibility of design with adjacent residential areas by reducing the
height of both new buildings. The soda works building must be the focal point of the project,
especially from Nipomo Street.
The retail-office building facing Nipomo has been lowered in height to four feet below the height
of the soda works building. and now appears more like two smaller buildings rather than one
larger building. The apartment building appears to have been lowered slightly.
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Planned Development findings The project should include special attributes that are not dictated
by code, such as energy conservation measures, public art, special public benefits, to justify use of
the Planned Development zoning district.
The representative has addressed the findings in the attached letter. A further examination of
this topic is made below, under "What zone should it be?"
Residential component. Aparnnents are appropriate. Consider increasing the number, and
including smaller types of units.
The number and type of units remains the same. The office space in the new commercial
building has been designed to be convertible to residential use, if such a conversion is
economically feasible and desirable in the future.
2. Direction to staff. The Commission also asked staff to return with more information on several
topics:
Corner radius. Look at potential for revising the radius cun•e at the corner of Nipomo and Dana,
to conform with standards. This would mean "taking back"some of the area already paved as street
and adding it to the project site.
The Engineering Division and the applicants have reviewed the maps and determined that it
would be possible and acceptable to make the change to the corner. Questions of the costs of
relocating utility lines and addressing drainage concerns remain, so the decision has not yet been
made by the applicants. The applicant's representative has drawn plans so that it can be built
with or without this comer change.
List 12f uses. The list of uses allowed should be reduced. Uses that would attract significant
automobile traffic should not be included, and banks, laundries,post offices,and veterinarian offices
are not appropriate.
The list has been revised to reflect these concerns. A copy is attached to this report.
Residential component. The planned development conditions should include a minimum number of
residential units to be provided, but should allow forflexibiliry to include additional units above that
number.
Condition #2 reflects this direction.
Floodplain. The Public Works Department should clarify why the flood plain is higher on one part
of the property than another.
Floods are dynamic, and water flooding a property can come from different directions at the
same time. The site is subject to flooding both from the creek and from the street. Because of
the direction, amount, and speed of water in a flood, 100-year flood elevations can differ within
a small area.
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Parking calculations. The parking requirement for the project should be calculated in the report.
Parking calculations are attached to this report. The C-C zone is the only zone that comes with
its own special parking rules. Parking calculations for new buildings, that replace old buildings,
are based on the increase in area only. In this case, 24 spaces would be required for the entire
site, if no buildings previously existed. The existing development provides a "credit" of 14
spaces. Six spaces are provided. Therefore, the parking requirement is 10 - 6 = 4 spaces. The
applicants will be required to either provide these four spaces off-site or pay $4,000 per space
into the parking-in-lieu program.
ARC review. The PC recommends that the revised project return to the ARC prior to the next PC
review.
The revised plans, identical to those delivered to the PC with this report, were reviewed by the
ARC. Action by that Commission is discussed in greater detail below.
3. Other changes to the plans. In addition to responding to PC concerns, the plans address some of
the concerns raised by the ARC and in the course of discussion with both Commissions. Among
the changes:
*
Privacy, The commercial uses are separated from the residential. A trash enclosure blocks
entry into the courtyard area in the center of the project. Entrances to all commercial units are
from Nipomo or from entries on Dana, near the corner of Nipomo and Dana. The brick-paved
interior (the applicants propose to use the brick from the existing buildings) is to be used only
by residents. There won't be complete privacy, because many windows in the office and retail
buildings will also face the courtyard. But the nature of a mixed-use development is that
residents must sacrifice some privacy for the conveniences (transit availability, potential to live
where they work, closeness to shopping and entertainment) inherent in the arrangement.
* Balconies. Balconies have been added to each of the apartments. The balconies face toward the
center of the site, overlooking the courtyard.
* Recall of family history,, The residential building is deliberately designed to be similar to the
Leitcher apartments, which are no longer under control of the Leitcher family. The applicants
feel strongly about retaining some of the family history in this way.
4. The ARC action. The Architectural Review Commission initially endorsed the concept of
redevelopment, with direction similar to the PC's. At the October 4 meeting, however, that
Commission had second thoughts about the historical value of the brick buildings. Cultural Heritage
Committee members were present at the meeting, and materials on the historical value of the site
had been distributed to the ARC. This information is also attached to this report. The ARC, at this
second hearing, expressed a concern for preserving the cultural and historical value of the site, by
actually preserving portions of the buildings.
The ARC recommended that the existing facade of the soda works buildin- and the facade of the
brick residence facing Nipomo Street, up to the ridge line of the roof, be preserved and made a part
of the new structures. The remainder of the soda works building was recommended to be rebuilt
as proposed by the applicants. The ARC supported redevelopment of the remainder of the site.
z-zs
GP/PD 41-93
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asking that consideration be given to retaining the character of the interior brick building. Minutes
of both ARC meetings are attached to this report.
If the Planning Commission recommends approval of the redevelopment essentially as requested by
the applicants, then the City Council will be informed of the differences in recommendations from
the ARC and PC. The City Council (CC) will make the final decision. U'.tir;ate action c.1 t! e
architectural plans by the ARC will need to be consistent with the CC action on the planned
development rezoning.
5. The condition of the buildings. All of the buildings on the site, with the exception of the newer
antique store, are in need of repair. The Chief Building Official looked at the soda works and one
of the brick buildings from the inside, and prepared a brief memorandum on their structural
condition. The memorandum is attached to this report. Photographs of the interior of the soda
works building will also be available at the meeting.
6. What zone should it be? At the previous hearing, the Planning Commission questioned the use of
the planned development zone for this redevelopment. The Commission wanted to be able to make
a finding that there was something special about the project, some element that went beyond the
code requirements, that would justify the exceptions possible with the planned development
rezoning.
The reason the applicants applied for the PD rezoning was to give the Council a chance to review
and approve a development plan as a part of the rezoning. The applicants were aware that a
rezoning to C-C would raise too many questions and would stand less of a chance of being
approved, because simple rezonings cannot be conditioned.
The purpose of the planned development zone, according to the zoning regulations, is "...to
encourage imaginative development and effective use of sites." The description goes on the note
that the encouragement comes from allowing variation from normal standards, and that such
variation "...should provide benefits to the project occupants or to the community as a whole which
could not be provided under conventional regulations."
In this case, the deviations from normal standards include 1) the streetyard on Dana Street, which
is shown as seven feet instead of the 15' normally required (because it is adjacent to a residential
zone), and 2) an exception to the administrative creek policy, allowing the soda works building to
be rebuilt on its original foundation, and allowing a creekside walkway.
The two exceptions allow a scale of development that is between the intense, 100%-coverage
common in the C-C zone and the less-intense layouts common to apartment projects. The reduced
street setback also allows development of three two-bedroom apartments, with two parking spaces
for each. Without the exception, one of the apartments would have to be reduced to a smaller one-
bedroom or studio apartment. Existing street yards on this side of Dana Street vary considerably -
from 4.5' to 58' (see attached map showing yards, prepared by the applicant), so there is no
consistent pattern. Benefits of the exceptions, to the community at large, are the retention of on-site
housing, equivalent to the dwellings that exist now, and development of a creekside walkway that
will be open to the public.
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GP/PD 41-93
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To approve a planned development rezoning, specific findings must be made. The Planning
Commission and City Council must find that the project meets one or more of the following:
1. It provides facilities or amenities suited to a particular occupancy group (such as the elderly
or families with children) which would not be feasible under conventional zoning;
2. It transfers allowable development, within a site, from areas of greater environmental
sensitivity or hazard to areas of less sensitivity or hazard;
3. It provides more affordable housing than would be possible with conventional development;
4. Features of the particular design achieve the intent of conventional standards (privacy, usable
open space, adequate parking, compatibility with neighborhood character, and so on) as well as
or better than the standards themselves;
5. It incorporates features which result in consumption of less materials, energy or water than
conventional development;
6. The proposed project provides exceptional public benefits such as parking, open space,
landscaping, public art, and other special amenities which would not be feasible under
conventional development standards.
The project will include design features that provide public benefits, including the creekside
walkway, the mixture of residential and commercial uses, and restricted uses. Staff again suggests
that findings no. 4 and 6 could be made in this case. More specifically, staff suggests that the
following findings be made:
* Features of the particular design achieve the intent of conventional standards (privacy, usable
open space, adequate parking, compatibility with neighborhood character, and so on) as well
as the standards themselves, because the design creates a transition from a high-density
residential neighborhood to the more intense downtown retail.
* The proposed project provides exceptional public benefits, including a creekside walkway,
restricted uses, and a design that retains the historical value of the site that would not be
feasible under conventional development standards.
Alternatives: If the Commission is uncomfortable with making any of the required PD findings,
but generally supports the project, it may recommend use of the "Mixed-Use" (MU) or the "Special
Considerations" overlay zones.
Mixed-use zone: The zoning regulations say the Mixed-use zone "permits combining uses on a site
which otherwise would not be allowed or required." Findings for this zone would be easy to make:
(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.
(2) The project's design protects the public health, safety. and welfare.
of
GP/PD 41-93
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(3) The mixed uses provide greater public benefits than single-use development of the site. His
finding must enumerate those benefits, such as proximity of workplaces and housing,
automobile trip reduction, provision of affordable housing, or other benefits consistent with
the purpose of this chapter.
Staff questions the validity of this zone's use in this case, however. All of the proposed uses are
allowed in the C-C zone. Therefore, it is not possible to say that they "otherwise would not be
allowed or required."
Special considerations zone: The zoning regulations say that the S zone may be used for two
purposes: 1) to require approval of a use permit by the planning commission before any use may
be established, to resolve compatibility or environmental issues; and 2) to establish a larger
minimum parcel size than otherwise required by the underlying zone.
The ordinance adopting such a zone must specify the reasons for the designation. No special
findings need be made. If the site were changed to C-C-H-S, then a Planning Commission use
permit would be required to allow any redevelopment of the site. The applicants would have to
return to the Planning Commission with development plans following adoption of the new zoning.
This approach is workable. Conditions may be placed on the use permit that are similar to what
might be placed on the planned development. Because the applicants wanted the City Council to
be able to see and act upon the development plan as a part of the rezoning, they chose the planned
development approach instead. If the Commission prefers that the request be processed as a Special
Considerations overlay zone, then staff recommends that the Commission state that the purpose of
the zone is to assure compatibility with the adjacent residential neighborhood. The Commission
should also recommend that fees paid for the planned development application, that exceed the
Special Considerations application fees, be applied to the subsequent use permit application.
ALTERNATIVES
The Planting Commission may:
1) Recommend approval of the project, with conditions as modified by the Commission.
2) Recommend denial of the project, based on findings. This recommendation should be made if the
Commission feels only a completely different project would be acceptable.
3) Continue action, with direction to the applicants and staff.
OTHER DEPARTMENT COMMENTS
The City Arborist says that the two existing trees are to remain, or must be replaced with two 48"
Tristania confertas (the existing trees are in the sidewalk, and are proposed to remain). The arborist also
feels the 17" Avocado on the corner of Dana and Nipomo should be retained, and notes that the Black
Locust on the adjacent property must be protected during construction. Construction of the project must
be coordinated with Public Works reconstruction of the Nipomo Street bridge. City Council approval
is required for any encroachment over San Luis Obispo Creek. All new structures must be raised or
0 0 "
GP/PD 41-93
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Page 8
floodproofed to an elevation of 188.5 to 186.5 (one foot above the 100-year storm elevation, which
varies with the elevation of the site).
The Building Division notes that all buildings (new and existing) will require fire sprinkler systems, and
that the exit from the second floor, adjacent to Bay 8, must provide an unobstructed access to a public
way (Dana Street). This division also says that one of the parking spaces should be wide enough to
accommodate persons with disabilities, and that clearance above this space needs to be at least 8'-2".
Elevator access, balcony, and street level entries all need to meet handicap access requirements.
The Air Pollution Control District finds the project consistent with their guidelines (see attached letter).
The Fire Department notes that the developer will have to upgrade one fire hydrant (across from 595
Dana Street) to a newer (commercial) type.
CONCLUSION
The recommendations by the CHC and the ARC are to use innovative techniques to preserve, rather
than replace, parts of the existing buildings. The ARC recommendation, to preserve the Nipomo Street
facades of both the soda works and one brick building, is based on a desire to preserve the character
and the actual materials of the existing development, at least as viewed from Monterey Street.
There have been other projects, primarily in the east, where portions of older buildings were made a
part of new development, and the efforts have been successful. Something similar could be done at this
site and could be attractive and interesting. However, there are two reasons staff does not support the
ARC's action:
1) The buildings were not built to last in the first place. Construction techniques were poor, and as
a result, repairs and changes have been made to all of the existing buildings throughout their life. The
facade of the soda works building was rebuilt in the 1950's, so it is not original even now. While the
buildings have had an interesting history, there is little that is notable about the brick buildings
themselves, that warrants the preservation efforts that are needed to carry out the ARC recommendation.
2) Even more importantly, the owners of the buildings do not have the desire nor the expertise to
preserve and redevelop the site in the manner recommended by the ARC. The role of the ARC, as well
as other Commissions and the Council, is not to redesign projects, but to act upon the designs presented
to them. If the applicants presented such a solution themselves, and were interested in seeing it
through, then staff would support it. When a significant redesign is forced on an applicant, however,
it is unlikely to be built.
RECOMMENDATION
Recommend approval of the general plan amendment and rezoning to the City Council. The rezoning
should be based on the following findings and subject to the following conditions:
Findings
1. Features of the particular design achieve the intent of conventional standards (privacy, usable open
space, adequate parking, compatibility with neighborhood character, and so on) as %kell as the
GP/PD 41-93 _
1015 Nipomo Street
Page 9
standards themselves, because the design creates a transition fromm a high-density residential.
neighborhod to the more-intense downtown retail area.
2. The proposed project provides exceptional public benefits, including a creekside walkway,
restricted uses, and a design that retains the historical value of the site, that would not be feasible
under conventional development standards in the R-3 zone.
3. The proposed redevelopment will not adversely affect the health, safety and welfare of persons
living or working at the site or in the vicinity, as evidenced in the negative declaration with
mitigation granted July 29, 1993.
4. The proposed redevelopment is appropriate at the proposed location and will be compatible with
surrounding land uses, because of the proposed mixture of residential and commercial uses planned
for the site.
5. The proposed redevelopment conforms to the general plan and meets zoning ordinance
requirements.
6. An initial study of environmental impacts was prepared by the Community Development
Department on July 29, 1993, that describes significant environmental impacts associated with
project development. The Community Development Director has reviewed the environmental
initial study and granted a Negative Declaration of environmental impact, with mitigation. The
initial study concludes that the project will not have a -significant adverse impact on the
environment, subject to the mitigation measures, listed below, being incorporated into the project,
and the City Council hereby adopts the Negative Declaration and finds that it reflects the
independent judgement of the City Council.
7. The existing buildings on the site are historically significant, because of their architectural
integrity, historical economic importance to the city's development, design continuity and
compatibility with the neighborhood. They may be dismantled because the new development will
be at least as compatible with the neighborhood as the existing development.
8. Impacts on the portion of the creek affected by the walkway are insignificant, because the creek
bank below the building cannot be revegetated without removal of the building.
9. The Soda Works building is historically significant and should be retained and reconstructed in its
original location.
10. Entrances along the southeasterly (creek) side of the site will encourage customers to enter the
retail or restaurant businesses in the "soda works" building from Nipomo Street, and will therefore
limit intrusion into the residential and office portions of the site.
Environmental mitigation measures
1. Plans for the provision of a loading area, either on-site or along the curbside of the Nipomo Street
frontage, shall be approved by the Architectural Review Commission or Public Works Director.
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2. Bicycle racks will be provided for use by customers. Racks shall accommodate a minimum of 10
bicycles.
3. Bicycle storage facilities for at least six bicycles shall be available to all employees, free of charge,
on a first-come-first-served basis. These facilities must be located in an area that minimizes the
possibility of theft, must be lockable, and protected from the weather.
4. The applicant shall provide a permanent transportation bulletin board, coupled with a literature
display, in a prominent location in the soda works building. The literature and bulletin board shall
describe alternative transportation available, to the approval of the Transit Manager.
5. Any private outdoor use areas for the residents shall be designed so that noise levels within them
are at or below 60 decibels. Information from an acoustical engineer shall be submitted along with
plans intended for final approval by the Architectural Review Commission, that provides evidence
of compliance with this standard.
6. To minimize conflicts between nearby residences and commercial tenant spaces, deliveries, noisy
maintenance activities such as leaf-blowing and commercial tenant hours of operation shall be
limited as a condition of the planned development rezoning.
7. Noise insulation shall be provided in the floors and walls separating commercial tenant spaces and
proposed residences to the satisfaction of the Community Development Director.
8. Commercial trash and loading areas shall be located as far away as possible from residential uses.
9. A list of allowed and conditionally allowed uses for the project shall be approved along with the
planned development rezoning.
10. The applicant must demonstrate exemption from or compliance with the Asbestos Notification
Requirements of Part 40 of the Code of Federal Regulations, to the satisfaction of the Air
Pollution Control District, prior to issuance of a demolition permit.
11. To minimize the amount of wind-blown dust that leaves the site, all areas disturbed by construction
must be watered at least once per day. If wind speeds exceed 15 mph, watering shall be increased
accordingly.
12. The City Council must make the following findings:
1. Impacts on the portion of the creek affected by the walkway are insignificant, because the
creek bank below the building cannot be revegetated without removal of the building.
2. The building is historically significant and should therefore be retained in its original
location.
3. Entrances along the southeasterly (creek) side of the site will encourage customers to enter
the retail or restaurant businesses in the "soda works" building from Nipomo Street, and will
therefore limit intrusion into the residential and office portions of the site.
GP/PD 41-93
1015 Nipomo Street
Page 11
13. The City's guidelines for reviewing demolitions must be followed.
Conditions
1. The 17" Avocado tree on the corner of Dana and Nipomo must be retained. Protection of the tree
during construction and trimming to accommodate construction must be to the approval of tl e City
Arborist. The Black Locust tree on the adjacent property must be protected during construction,
to the approval of the City Arborist.
2. Uses allowed at the site shall be restricted to those on the attached list (exhibit A). A minimum
of three two-bedroom dwellings shall be maintained on site. Commercial uses may be converted
to additional residential uses, in accordance with density standards in the C-C zone, except that
group housing is not allowed.
3. A portion of the property, at the corner of Nipomo and Dana Streets, must be dedicated to the
City for public right-of-way purposes, consistent with City regulations and to the approval of the
Public Works Director.
4. Construction of this project must be coordinated with the reconstruction of the Nipomo Street
bridge, a public project, to the approval of the Public Works Department.
5. The hydrant across from 595 Dana Street must be upgraded to a commercial type, to the approval
of the Fire Department.
6. A photographic survey of the existing buildings must be completed prior to dismantling or
renovation of any of+the buildings. This survey shall be conducted to the approval of the
Community Development Director, who may request assistance from the Cultural Heritage
Committee.
7. The project shall include facilities for interior and exterior recycling. The applicant shall consult
with local recyclers regarding the size and location of areas dedicated to on-site recycling storage.
8. The project shall include a solid waste recycling plan for recycling of discarded concrete,
sheetrock, wood, and metals from the construction site to the approval of the City's Solid Waste
Coordinator or Community Development Director.
9. The cantilevered walkway shall be private, and not a part of the Mission Plaza extension.
Code requirements
1. All structures must be raised or floodproofed to an elevation that is one foot above the 100-vear
storm elevation, to the approval of the Public Works Department.
The following notes must be placed on building plans:
a) All construction and materials shall comply with the Flood Damage Prevention Re_ulations.
GP/PD 41-93
1015 Nipomo Street
Page 12
b) Prior to occupancy, a registered civil engineer or land surveyor shall complete a F.E.M.A.
elevation certificate and submit the certificate to the City Engineer.
c) The structural design and materials proposed in these plans are in compliance with the Flood
Damage Prevention Regulations.
If any structure is to be floodproofed instead of being raised above the 100-year flood elevation,
the following addition note must be added to the plans:
d) Prior to occupancy, the registered professional architect or engineer of record shall complete
a F.E. M.A. floodproofing certificate and submit the certificate to the City Engineer.
2. All buildings, new and existing, will require fire sprinkler systems, to the approval of the Fire
Department and Building Division.
3. The exit from the second floor of the Soda Works building, adjacent to Bay 8, must lead to an
unobstructed access to a public way.
4. One of the parking spaces must be wide enough to accommodate handicapped persons, and
clearance above this space needs to be at least 8'-2". Elevator access, balcony, and street level
entries all must meet handicap access requirements.
5. Repairs or replacement of public sidewalks adjacent to the site shall be constructed in "Mission
Style", per City.Standards, to the approval of the Public Works Department.
6. The applicant shall dedicate a drainage and maintenance easement, including the right for the City
to make improvements, over that portion of San Luis Obispo Creek that lies within the property
boundaries, to the satisfaction of the City Engineer.
Attached:
vicinity map
environmental initial study
CHC minutes
historical information about the site
ARC minutes: July 26 and October 4
PC minutes: August 25 (at end of packet)
proposed list of uses allowed
parking calculations
memorandum from Chief Building Official
statements by representative
map indicating existing streetyards on Dana Street
In packet: plans
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RLA ENGINEERING 145 So. Halcyon, Suite F•Arroyo Grande, CA 93420•(805) 481-2910
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OBSERVATION REVIEW
OF
UNREINFORCED MASONRY BUILDING
1015 .NIPOMO STREET
SAN LUIS OBISPO, CA
DECEMBER 1993
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IRLA ENGINEERING 145 So. Halcyon, Suite F•Arroyo Grande, CA 93420•(805)481-2910
December 6, 1993
Mrs. Mary Mitchell-Leitcher
285 Crestmont Dr.
San Luis Obispo, CA 93401
Project: Unreinforced Masonry Building (U.R.M. )
Subject: Structure Observation Report
Dear Mrs. Mitchell-Leitcher:
As requested, this office has prepared the following report
outlining our findings concerning the above stated project and
subject. This report is based on:
1 . Site observations made by this office on 11 /22/93 and
12/1 /93.
2. U.R.M. investigation report by Terratech, Inc. dated
11 /10/93 (see Appendix A) .
3. This firm' s previous experience with other unreinforced
masonry structures.
The subject structure is a single story (from street level)
facility with a below grade basement at its northeastern
quadrant. The materials of construction for this structure
appear to be original and consistent for the time period of
origin, however, the workmanship appears to be marginal.
The method of construction appears to consist of multi wythe
(layer) unreinforced brick walls, with a wood framed roof and
floor system.
The north and east walls front Dana and Nipomo Streets respec-
tively. Along the north and east street level wall lines, the
brick and mortar shows a large amount of deterioration (eroded
and crumbling brick and mortar) . At several locations this
deterioration has extended through all layers of brick making
up the wall. In fact, during our initial site review, it was
noted that mortar was easily removed by finger nail and that
bricks could be removed and crumbled by hand.
The condition of the below grade basement walls are consistent,
if not worse, than the street level walls. Large areas of heavy
efflorescence indicates uncontrolled moisture movement through
the walls, which is the major cause of brick and mortar deterior-
ation evident in the basement walls. There also exists an
Mrs. Mary Mitchell-Leitcher
December 6, 1993
Page. 2
excessive degree of wall .displacement (4 inches of movement)
from plumb. The brick along the basement wall lines appears
to be founded on substandard (inadequate) foundations and, at
certain locations, appears to be supported without a concrete
foundation but rather directly on the earth. It should be noted
at this time that a structure is only as good as the foundation
it is based on.
In conclusion, considering the deteriorating condition of the
brick and ortar, the original marginal workmanship, the exces-
sive displacement of main supporting wall lines and the question-
able foundation along these wall lines the existing structure
poses. a potential threat to the health, safety or welfare of
the surrounding residences and occupants. In this firm's opinion
the brick itself, at several locations, has deteriorated to
the point that it has lost its own structural integrity and,
therefore, cannot be assured to support itself even as a veneer.
To develop an appropriate level of strength within this struc-
ture, as related to earthquake, it will be necessary to remove
and replace major portions of the existing bricks along several
wall lines and develop a secondary means of support (such as
steel moment frames) along the basement lines. The corrective
actions necessary to assure safe conditions could require a
greater financial undertaking than if one was to remove the
existing structure and construct a new facility.
We hope that our findings and opinions are informative and use-
ful. If you should have any questions please call .me at 481-
2910. Thank you for the opportunity to be of service.
Respectfully submitted
i
Rick L. Ambrose, R.C.E.
RLA ENGINEERING
RLA/ka
A P P E N D I X A
kNI)EN IIAN '.iAN JOSE.CA 9511:.' (4og)_197-6969 FAX(408).297, 7716
1\'F.s'T%%110D DR.. St iTE 101 GILROY. CA 9-4020 (408)842 0236 FAX(408)842-7314
12 THOMAS o\%ENS WAY WNTERFY.CA 94941). 408):,'2:3716 FAX(408)-3,2-7481
141 SUBURWkN RD..SATE 111 SAN LUIS OBISPO. CA !1,'3401 (S0.5)5435493 FAX(805).543-2748
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November 10, 1993
Project L0294
Mrs. Mary Mitchell-Leitcher
285 Crestmont Drive
San Luis Obispo, California 93401
Subject: Unreinforced Masonry Building Investigation
Soda Works, 1015 Nipomo Street
San Luis Obispo, California
Dear Mrs. Mitchell-Leitcher:
As requested, a representative of TERRATECH, INC. performed a visual
observations of the unreinforced masonry building at the above named address.
Our observations were limited to the East and North exterior walls and
basement area. Findings are as follows:
EAST AND NORTH WALLS: (Corner of Nipomo and Dana Streets)
Observed in plane cracking- through mortared joints and brick at
numerous locations along the north and east walls at subterranean
elevations. Cracks were also emanating from window and door
openings. Lateral displacement of walls was noted with up to 4
inches of deflection measured. Heavy efflorescence would indicate
moisture movement through the wall and the absence of a working
drainage system behind the wall . Mortar is in general deteriorated
and in a condition were it can be easily removed by finger nail
pressure. Based on our observations, the wall appeared to have no
reinforcement.
Note: Only visual observations have been made at this time and no shear
values or other testing procedures have been performed.
If you have any questions please feel free to call me at (805) 543-5493.
Sincerely,
TERRATECH, INC.
Rockland 0. Dale
I.C.B.O.# 37789 (Structural Masonry)
Doc. No. 9311-125.LTR
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Commr. Whittl ey requested that if the Commission would be asked to have additional
meetings, the s heduling would be decided as far in advance as possible.
Arnold Jonas s 'd staff was not certain at this time if additional meetings would be
needed. He expl ined it was important for the Commission to make decisions on three
General Plan Am dments in December. He said there may be a need for an additional
meeting in Janua . or February.
Commr. Senn aske if staff could provide a summary of the changes that the City Council
had made to the Ho sing Element.
John Mandeville said taff would try to get the staff report for the December 1 meeting,
which would summarl a the changes made by the City Council, to the Planning
Commission as soon as ossible. He said staff could establish goals for each meeting
regarding sections of th LUE and Circulation updates to be discussed, but some
sections overlapped into her sections.
John Mandeville left the me ting.
Item 1. General Plan Amendment & Planned Development Rezoning GPL D
41-93. A request to amend the Land Use Element map and zoning map to
change the designations from Medium-high Residential, Historical
Preservation (R-3-H) and Central-Commercial, Historical Preservation,
Special Considerations (C-C-H-S) to Central-Commercial, Historical
Preservation, Planned Development(C-C-H-PD)and a planned development
rezoning to allow a mixed-use redevelopment; 1015 Nipomo Street; Michael
Leitcher & Mary Mitchell-Leitcher, applicants.
-----------------------------------------------------------------
Commr. Sigurdson stepped down due to a conflict of interest.
Pam Ricci presented the staff report and explained that since the Commission reviewed
the project on August 25, the scale of the proposed new commercial building on Nipomo
Street had been reduced, and entries to the residential units had been redesigned to
provide a_separation from the.commercial units. She presented an outline of the issues
to be discussed as follows: 1. The appropriateness of the site for mixed residential and
commercial uses. She indicated that staff preferred the PD rezoning approach and
explained that findings would have to be made. 2. Whether or not the proposed scale
of Development was appropriate for the site. She explained staff had included conditions
for acceptance of the project as submitted, but the Commission could recommend that
P.C. Minutes
November 10, 1993
Page 3
there be a building size or site coverage limitation to the City Council. 3. Whether or not
the Commission wanted to support the applicant's proposal for site planning, or if it
wanted to leave that decision to the Architectural Review Commission. She said a
condition could be added designating review by the ARC. She recommended that the
Commission approve the PD rezoning with the findings, conditions, mitigation measures
and code requirements that were included in the staff report. She said the Public Works
Department endorsed the frontage improvements at the intersection of Nipomo and Dana
Streets: She passed out an analysis of the condition of the bricks to the Commissioners.
Chairman Karleskint opened the Public Hearing.
Chairman Karleskint announced that the Commission had heard the item before, and so
discussion would be centered upon clarification of previously raised issues.
Commr. Whittlesey said she had visited the site with Mrs. Leitcher. Commrs. Senn and
Hoffman said they also had visited the site with Mrs. Leitcher.
Mary Mitchell-Leitcher, 285 Crestmont Drive, explained that the brick report had.been
completed shortly before the meeting and apologized for not being able to submit it .
earlier to the Commissioners. She submitted a letter from a neighbor whose property
adjoins the site where the 3-story apartment complex is proposed, who endorsed the
project. She said the project would have dual pane windows, skylights, and be insulated
beyond Title 24 requirements. She said the engineer for the brick analysis would be
attending the City Council meeting. She explained that his report found that there was
sufficient cracking in the foundation and the wall was not salvageable.
David Watson, Planning Consultant and applicants' representative, explained changes in
the design which included a reduction in height of approximately six to seven feet for the
new building facing Nipomo Street; preservation of the avocado tree near the street
intersection; creation of a front patio in conjunction with the curb re-alignment; and a
change in the roof structure. He explained a PD was being requested so that the site
plan would .be approved concurrently with the rezoning. He said the applicant desired
an option to allow the upper story of the commercial building to be commercial or
residential depending upon the economic climate.
Commr. Whittlesey expressed concern about the scale of the development. She.asked
if the proposed 7,500 square feet included all floors.
Mr. Watson said the footprints of all three buildings totaled 7,500 square feet but that
figure did not include the upper stories. He said the Soda Works building was
approximately 2,200 square feet, the residential buildings were slightly more than 1,000
P.C. Minutes
November 10, 1993
Page 4
square feet each, and the fourth building was approximately 1,060 square feet. He said
the current total square footage of all the buildings was approximately 5,000 square feet.
Commr.Whittlesey said she did not necessarily feel the scale of the development was too
large, but felt it should be carefully considered by the Commission and impacts such as
parking should be considered.
Mr. Watson said the realignment of the curb would allow an additional parking space on
the street.
Chairman Karleskint closed the public hearing.
Commr. Senn suggested the Commission decide which items on staff's outline it agreed
on, and then discuss issues it was concerned about. He said he believed the ARC
should determine design and appearance issues.
Commr. Karleskint felt that the concerns raised by the Commission at the previous
hearing had been addressed sufficiently. He asked if any of the Commissioners felt their
previous concerns had not been satisfied.
Commr. Cross expressed concern about the PD Rezoning. He believed a Mixed-Use
Overlay would be more appropriate. He felt the applicant would be required to include
some residential use on the site regardless of which rezoning was approved.
Commr. Hoffman said he did not see .how the applicant would have the flexibility of
converting commercial or residential uses on the upper story because it was not specified
in the conditions in the staff report in the applicant's proposal.
Pam Ricci explained that a PD Rezoning to C-C-H-PD would allow the upper story of the
commercial building to be residential.
Ron Whisenand said the Commission could make a finding stating that the commercial
use could be converted to residential use in the future,.or it could direct the applicant to
show that possibility on the preliminary plan.
Commr. Karleskint said condition 2 stated that commercial uses could be converted to
residential uses, but did not state that residential uses could be converted back to
commercial uses.
Commr. Whittlesey said dwellings were listed as an allowed use in Exhibit A.
P.C. Minutes
November 10, 1993
Page 5
Ron Whisenand said that was true, but that he understood Commr. Karleskint's concern.
He recommended that the Commission modify the language in condition 2 to reflect that
units could be converted back and forth from commercial and residential uses or direct
that the development plan contain language allowing that flexibility before it went to the
City Council.
In answer to a question by Commr. Whittlesey, Ron Whisenand suggested that the
Commission not specifically limit which units could be converted if the Commission
wanted to encourage residential use on the site. In answer to a question by Commr.
Hoffman, Ron Whisenand said the ARC wanted portions of the brick walls to be saved,
but not the entire structure.
Commr. Williams said the City's Chief Building Official recommended that the residential
structures not be maintained and indicated that the Soda Works building was in danger
of collapsing.
Ron Whisenand said the original recommendation was that some of bricks from the
existing structures could be reused when the new buildings were constructed. He said
the old building could be reinforced but at a significant cost.
Commr. Williams felt it would be too much of a financial burden to expect the applicant
to save the buildings.
Commr. Senn moved to approve the General Plan Amendment and Rezoning GP/PD 41-
93 with the conditions and mitigations as recommended by staff.
Commr. Williams seconded the motion.
Commr. Senn felt the project was complicated and that it was better to accept this project
than to allow the buildings to continue to deteriorate. He said Commr. Hoffman's
suggestion to straighten out the intersection would result in a better intersection. He said
some future tenants might live above their businesses, which was an opportunity that was
lacking in and near the downtown.
Commrs. Hoffman and Karleskint suggested rewording finding 7 to clearly state why the
buildings were being demolished.
Cindy Clemens suggested the second sentence in finding 7 should state 'They may be
dismantled because they are in a deteriorated condition as set forth by the Chief Building
Official and the new development will be at least as compatible with the neighborhood as
the existing development." She advised it would be a good idea to include the Chief
P.C. Minutes
November 10, 1993
Page 6
Building Official's determination so that the City Council would understand why the
Commission was making the change.
Commr. Whittlesey suggested eliminating the words "retained and" from finding 9 so that
it would read 'The Soda Works building is historically significant and should be
reconstructed in its original location."
Commrs. Senn and Williams agreed to the above suggested changes for findings 7 and
9.
Commr. Cross said he was pleased with the height reduction and the project as a whole,
but he could not make the findings for a PD Overlay. He felt the MU Overlay would be
a much better approach.
Commr. Karleskint felt the applicant had adequately addressed the. Commission's .
previous concerns. He said he would have preferred more significant reasons for the PD,
but he felt the findings could be made. He felt the PD would make it specific to that site
and it would act as a protection for the surrounding neighborhood.
Commr. Whittlesey suggested the first sentence in condition 7 be modified to state 'The
project shall include facilities for residential and commercial exterior recycling."
Commr. Senn expressed concern that that wording might indicate two separate recycling
areas, one for residential and one for commercial use. He suggested the first sentence
in condition 7 state "The project shall include facilities for interior and exterior recycling for
the occupants."
Commr. Williams agreed to the modification to condition 7.
Commr. Whittlesey suggested condition 8 be changed to state The project shall include
a solid waste recycling plan for recycling of discarded concrete, sheetrock, wood, and
metals from*the construction and demolition site to the approval of the City's Solid Waste
Coordinator or Community Development Director."
Commrs. Senn and Williams agreed.
Commr. Whittlesey said she was concerned about the intensity of uses but felt the uses
were appropriate and liked the project. She said she did not want to see this intensity
continue farther down Dana Street.
P.C. Minutes
November 10, 1993
Page 7
The motion passed.
Cindy Clemens complimented staff for making a difficult project easy to understand in the
written report and presentation.
The Commission agreed with Cindy Clemens.
MEEnNG AGENDA
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