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HomeMy WebLinkAbout09/02/1997, 1A - RECONSIDERATION OF A PREVIOUSLY APPROVED USE PERMIT CONDITION FOR FOODS 4 LESS (A 6-96); 154 TANK FARM ROAD i' i council `meg j aGEnba Repout fmN°� i CITY OF SAN LUIS OBISPO FROM: Arnold Jonas, Community Development Directory 7 For �S Prepared By: Ronald Whisenand, Development Review Manage SUBJECT: Reconsideration of a previously approved use permit condition for Foods 4 Less (A 6-96); 154 Tank Farm Road CAO RECOMMENDATION Deny the request to modify general condition# 8 of the approved use permit thereby maintaining the prohibition against left turn movements onto South Higuera Street from the T.K. commercial center. DISCUSSION Summary of Applicant's Request On June 18, 1996, the City Council on appeal, approved a use permit for T.K. Development for the construction of a 51,000 square foot "warehouse" grocery store at the comer of South Higuera Street and Suburban Road. The project approval included numerous conditions and mitigation requirements. General condition# 8 states: "The South Higuera Street driveway shall be limited to right in, left in, right out turning movements. The use permit shall be reviewed one year after the grocery store opens to consider how well traffic is moving in this vicinity and whether any further limiting of turning movements at the South Higuera Street entrance is necessary." This condition was similar in nature and related to an earlier condition of the January 1996 Council approved subdivision (condition# 21) of the property which states: "The subdivider shall enter into an agreement prior to recordation of the final map for phase one that guarantees certain improvements and/or devices will be installed as required by the City Engineer within 60 days of notification that left turns to and from the project via the South Higuera Street driveway are causing unacceptable traffic conditions. It may be necessary to preclude left turns into and out of the site." The applicants have requested relief from the use permit condition that somewhat advanced the timing of restricted turning movements onto South Higuera specified in the subdivision approval f Council Agenda Report - T.K. Development Use Permit Page 2 (see attached June 20, 1997 letter from David St. John). The applicants believe that their original design, which allows unrestricted access to and from the center is based on "sound traffic engineering" as supported by traffic studies that were prepared and reviewed during the subdivision approval process. )Mject History As pointed out in the applicant's correspondence, this project has had a long history dating back to the 1980s. Originally, the County approved a master plan for development of the property which included a central access road connecting Tank Farm and Suburban Roads, similar to that which was approved as part of the City subdivision approval. Because of traffic safety concerns, the County approved master plan restricted all access to and from South Higuera. A. Annexation When the request was made to annex the property into the City in 1993, the applicant's plans showed a new access to the development off of South Higuera Street, in addition to the internal access road. The applicants included a preliminary development plan and traffic study with their annexation proposal. Early review of the traffic study by the City Engineer (October 1993) resulted in a recommendation to eliminate all access onto South Higuera Street. At that time, the City Engineer indicated that the traffic report had not yet justified the need for this entrance to his satisfaction. When the Council approved the annexation and prezone of the property on October 4, 1994, mitigation measures were specifically incorporated into that action. One of the mitigation measures addressing traffic impacts called for: "Elimination of direct access from South Higuera Street, or provision of an alternative driveway location acceptable to the City Engineer." B. Subdivision The applicants, as part of their subdivision proposal, supplied the Public Works Department with additional traffic information that justified a single entrance off of South Higuera that was offset north of the existing intersection with Las Praderas Drive. Public Works, once again and after reviewing the additional information, recommended against a driveway and therefore, left turn movements onto South Higuera. The City Council found a middle ground that allowed the driveway and left turns but added the condition that these movements could be ended at such time as traffic safety issues became paramount. The subdivision was approved by the Council with this restriction included as a condition of approval (see condition language referenced above). Council Agenda Report - T.K. Development Use Permit Page 3 C. Grocery Store Use Permit Shortly after Council action on the subdivision, the applicants applied for a use permit that would allow development of a Foods 4 Less grocery store on the subject property. When the matter was initially scheduled before the Planning Commission on April 10, 1996, staff had not recommended any restrictions on turning movements to or from the center due to previous Council action on the subdivision. It was assumed at that time, that the subdivision restriction alone would address any future traffic problems. The Planning Commission hearing was well attended by concerned residents in the Las Praderas and Los Verdes neighborhoods opposed to the proposed grocery store. In addition to issues of noise and land use, the neighbors were concerned with traffic safety and circulation impacts that the center would cause. Several residents expressed concern that they would be unable to exit their subdivision due to increased traffic coming to and from the facility. The Commission continued action on the use permit to May 8, 1996 in order to allow additional input from staff. At this hearing, staff presented some modified and added conditions of approval that attempted to address some of the neighborhood concerns. One of those additions was the condition eliminating left turns from the center. This condition is more restrictive than the condition of approval of the subdivision. The basis for the added restriction was primarily due to input from the neighborhood regarding traffic safety (see page 9 of attached May 8, 1996 Planning Commission staff report). Following extensive discussion, the Commission ultimately denied the use permit. The applicant appealed the Planning Commission's decision to the City Council who heard the matter on June 18, 1996. As an alternative to the Planning Commission's recommendation for denial, staff provided the Council with a draft resolution for approval with the same conditions offered at the second Planning Commission hearing. After a lengthy public hearing, the Council upheld the appeal and approved the use permit with the more restrictive condition. There was some discussion of draft conditions of approval by the applicants and their representative, but no objection was given to the left turn restriction. Following the Council meeting, the applicants reviewed the conditions in more detail and discovered the restriction. They have now asked to come back before the Council to discuss the condition and determine whether it can be removed. CONCURRENCES The Public Works Department has reviewed the current proposal and feels that based on public input and available traffic information, the condition should stand as it is. This would mean that the applicant would be able to maintain an access onto South Higuera Street with left and right turns in, but with only right turns out., dt'-3 Council Agenda Report - T.K. Development Use Permit Page 4 ALTERNATIVES Should the Council wish to support the addition of left turns out from the facility, then the condition of the use permit restricting left-out movements should be eliminated. The recorded subdivision restrictions will remain. However, it is recommended that such an action be accompanied by additional traffic information to the satisfaction of the Director of Public Works. Attachments 1. Draft Resolutions for Denial and Approval 2. Applicants Request 3. Project Site Plan/Vesting Tentative Map 4. Original Conditions of Approval 5. Public Works Memo on the Current Request 6. May 8, 1996 Planning Commission Staff Report RESOLUTION NO. (1997 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING A REQUEST TO ELME NATE CONDITION # 8 OF USE PERMIT A 6-96 RELATING TO RESTRICTED TURNING MOVEMENTS ONTO SOUTH HIGUERA STREET WHEREAS, the City Council conducted a public hearing on August 19, 1997 and has considered testimony of interested parties, the records from prior hearings and actions, and the evaluation and recommendation of staff; and WHEREAS, the City Council has determined that eliminating the condition that prohibits left turn movements out of the commercial center would result in potential traffic safety hazards for motorists, bicyclists, and pedestrians. BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. FindjW. That this Council, after consideration of the applicants request to eliminate general condition # 8 of Use Permit A 6-96 and staff recommendations, public testimony, and reports thereof, makes the following finding: The condition which prohibits left turn movements from the commercial center onto South Higuera Street is necessary in order to reduce traffic safety hazards to motorists, bicyclists, and pedestrians in the vicinity. SECTION 3. Denial. The request for elimination of general condition# 8 of use permit A 6-96 is hereby denied. f ds On motion of ____ _ __ ___ _._, seconded by -- and on the,following roll call.vote: AYES: , NOES: ABSENT. the foregoing resolution waspassed,ah adopted this day of- , 1997. Mayor Allen Settle ATTEST: City Clerk Bonnie Gawf APPROVED AS TO FORM: - i^ tto ey .J gensen - RESOLUTION NO. (1997 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A REQUEST TO ELIlVENATE CONDITION # 8 OF USE PERMIT A 6-96 RELATING TO RESTRICTED TURNING MOVEMENTS ONTO SOUTH HIGUERA STREET WHEREAS, the City Council conducted a public hearing on August 19, 1997 and has considered testimony of interested parties, the records from prior hearings and actions, and the evaluation and recommendation of staff; and WHEREAS, the City Council has determined that eliminating the condition that prohibits left turn movements out of the commercial center would not result in potential traffic safety hazards for motorists, bicyclists, and pedestrians. BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of the applicants request to eliminate general condition # 8 of Use Permit A 6-96 and staff recommendations, public testimony, and reports thereof, makes the following fording: The condition which prohibits left turn movements from the commercial center onto South Higuera Street can be eliminated provided the applicant supplies additional traffic information to justify full turning movements to the satisfaction of the Public Works Director. SECTION 3. Approval. The request for elimination of general condition # 8 of use permit A 6-96 is hereby approved subject to the requirement that additional traffic information is supplied to justify full turning movements to the satisfaction of the Director of Public Works. In addition, this action in no way eliminates or modifies condition#21 of Tentative Tract Map TR 74-95 (Tract#2211) which may result in restricted turning movements should future traffic problems arise. �-r On motion of _ --- —; seconded by - -- - — - - and on the.following roll call voter—- AYES: NOES: ABSENT: the foregoing resolution.was passed and.adopted this-day of Mayor Allen Settle ATTEST: City Clerk Bonnie Gawf APPROVED AS TO FORM: - tto `ey 7 J ensen DAVID ST. JOHN ATTORNEY AT LAW 136 WEST CANON PERDMO,SUn'E B2 SANTA BARBARA,CALIFORNIA 93101 TELEPHONE(805)963-7722 FAX(805)966-1787 June 20, 1997 City Council of the City of San Luis Obispo 990 Palm Street San Luis Obispo, California 93401 Re: TK Project—Grocery Store Use Permit Application to Amend Condition 8 To Allow South Higuera Street Driveway Left Turn Out Honorable Members of the City Council: The applicant, TK Development, 1Vokl v� Elly apy:ies fer City rourcil amerd^.:ent of Condition 8 of the Warehouse Grocery Store Use Permit to permit left turns out from the South Higuera Street common driveway. This application is made on grounds that such turning movements are consistent with sound traffic engineering, and with the traffic studies and approvals for the entire Tract Map. The following is a brief chronology of the left turn condition: 1. Subdivision of this site was first reviewed and approved by the County of San Luis Obispo in 1992. As part of that review/approval process, the following circulation issues were resolved: A. access to Tank Farm Road would be restricted to a single point of connection from an internal street; and B. an internal street would be required to connect Suburban Road to Tank Farm Road. 2. Since early 1993, at the time of the annexation request, applicant's conceptual plans for the project have shown the above County requirements regarding Tank A++w_hmen+ Z �•9 City Council of the City of San Luis Obispo June 20, 1997 Page 2 Farm Road, and have shown full access, with both right and left turns, onto South Higuera Street from a common driveway. 3. In mid-1993, Associated Traffic Engineers prepared a detailed traffic study for the project which included extensive analysis of alternatives with, and without, full access onto South Higuera Street. The scope of the study was reviewed and approved by the City Engineering Department. The final traffic analysis, dated October 16, 1993, concluded "The applicant's proposed access was found to be most favorable in terms of overall traffic and circulation operations in the study area." (Executive Summary, page 1). 4. The applicant's proposed full access onto South Higuera Street from a common driveway was incorporated into the design of the Vesting Tentative Tract Map approved by the City. The Vesting Map was conditioned such that the City could monitor the location and, if necessary, could require that left turn movements be revised or eliminated at the property owner's expense. 5. The full access was shown on the schematic ARC drawings which were approved by the City. 6. The full access was shown on the plans reviewed by the City Planning Commis- sion. The initial staff report to the Planning Commission did not recommend restricting turning movements in, or out, of the project. City Engineering Staff did not require the restriction of turning movements as part of their review prior to the Planning Commission hearing; they were satisfied with the Condition imposed under the Vesting Map. 7. At the time of the Use Permit Application for the Warehouse Grocery Store, the Planning Commission imposed Condition 8 limiting left turns out of the project, in response to a neighbor's concern about possible left-turn conflicts with cars turning left from Las Praderas Street. Notwithstanding the Condition, the Planning Commission denied the project, and Applicant appealed to the City Council. 8. The City Council did not discuss turning movements when it upheld applicant's appeal of the Planning Commission, and approved the Use Permit. City Council of the City of San Luis Obispo June 20, 1997 Page 3 The prior approval of a Vesting Tentative Map which specifically delineated improve- . ments to be constructed off site within the South Higuera Street public right-of-way, and which specifically addressed the matter of driveway placement and turning movements, should take precedence over a subsequent minor use permit appeal, during which driveway and turning movements were not discussed at all. Also the Vesting Map should take precedence over the use permit since the use permit addresses on-site matters and project operation matters - not off-site public improvements. This application is based further on such other grounds, facts, presentations by applicant and comments by interested parties, and on all the papers, records and other materials as may be presented at the time of the City Council hearing on this matter. Res submitted, A4w A DAVID ST. JOHN Attorney for applicant DSJ/dkm c: applicant City Attorney Planning Director ll 87/29/1997 16:17 8059657134 LAW OFFICES PACE 82 DAVID ST. JOHN ATFUMM AT LAW 9 E43r MUBROA.SUM 110 SAM BARBARA.CAiUKKN1A 93101 OUM%3-702•(IM 963.1016 PAX 0"9661767 0"W: d Kjohe�ssom July 29, 1997 Via FAX and mail Mr. Arnold Jonas, Public Planning Director City of San Luis Obispo, Community Development Department 990 Palm Street San Luis Obispo, California 93401-3249 Re: T.K. Development Project - San Luis Obispo South Higuera Street Driveway Leh Turn Out Dear Mr. Jonas: I enclose a copy of the contract between the City and TK Development 13, recorded by the City on March 29, 1997, as Instrument No. 1997-015264, in Official Records of San Luis Obispo County. This mutually binding contract confirms that left turns out of Tract 2202 may be restricted only upon notice from the City Engineer that such movements are causing unacceptable traffic conditions. The City Engineer has made no such finding, nor given any such notice. As set forth in my letter to the City Council dated June 20, 19977 the recorded Subdivision Map establishes legal rights of ingress and egress for the benefit of the entire Tract. The City approved the professional traffic studies upon which [hese rights were granted, and integrated them into the design of the entire subdivision. These fundamental rights cannot be separated out or abrogated by an erroneous condition attached to a minor use approval. My client respectfully urges that the City comply with the rights granted by the recorded Subdivision Map, and by the recorded contract, with respect to left turns out. Respec submitted, Davi St. o7 hn 4 DSJ:mn 07/29/1997 16:17 8059657134 LAW OFFICES PAGE 03 1 3 1 � .. DOC No: 1991-015264 neo no.- womw Official 0»cords :RF 11.00 9aooaoalo wagon= an son Luie 001x00 Co. ; Julie L. Radeeeld AID 1=0 aal7wOw ag►11. sol Recorder war 20. 1907 City Cleft Tins: 00:00 City o: am rase oblepa �� ) 1190 Pala street ;TOTAL 13.00 SAS Lula Oetepo, CA 91401 n ' Tkis IV is wad.tm day of Mambo 1997 by and betwea Tic Oeselopaat 11, s�'alTiorala Gearei Partnership e (•whopping Center_) and the Citr of eau laic Oblopo I"CLty"I- >atlsaTJ ,. On or abeat. ianoary li, 1996o the city Council at wen Lai. Obispo pastative see�solettioon 94 22 63 (1996 series) appeoawt vLos the to the coediele set tort! in said Resolsetion 94M. I wit a. con"am 21 of ReeolatLon 0405 require• the mopping CwtQ to goarantee the installation of certain ieprovenenband/or devisee (ahaanelifatlea earbe, striping, and One lett ta=O aigna ) it aft"LuatAumrequLtod by tM City segLaeer within 60 de a[ tbe Amtb ie� tftw litt-3 brnayta sad trsM : aff soon a wawa are causingtrattLe - ' 1. geeld w e:ity aan that cartaia lep:v..oeate and/or devisee wet be iaatelled, thea whopping center agraa to Lastall, at the sola cost and expense of sheppiag teeter, seek Lsprssewato ead/sf devises per the opeolll33aaaatlone of the City. A. ^ter t::;%+*•: 2. writtas untiesiven to the shopping deter tae City* ICA* p he sGboppLCenter Shell design, construct and Lasts, eseb " loWwuft woes. t 7. 1t the Lopzoveseats end/or devices are wt iastalid witkL 60 days of notitiaation and Should the Clty person osepletle0 0! ?::;••• the Lapreeeasst asd/or devices, the shopping Coster sgrese to oalysaseb the City gar all coats Lecarrad by the City. 1t tbo :�•a City bas to parses litsyyation to enforce this 1lgreserae, wkoppLaeg Cas shall be liable for all reasonable atterasy tees ed .;• litigatisa Oeste incurred by City. c:.L... .1 lo! ! • 07/29/1997 16:17 8059657134 LAW OFFICES PAGE 04 l Dir ro Die at a CautorwLs Coy of am Ia" ObLopoTLMip awl x. !laDwalepy� t as =• aastaae Aai�r, ,. taro::. V % T. cio&•=Taatakaap= 2awatMeL • •. >�lilai z. a t` i e AIM y .Y � ±w?45A 2 O 2 p 07/29/1997 16:17 8059657134 LAW OFFICES PAGE 05 J . 9 oe,.r a $a ibetre. al�Ar�h 5. 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C)In m C) 9. a r z aMON 0-4. d�.!j BONN •z' ° d'..e_r� s=BY i Sl i^'d 11 I iFi_ G� F A _.t a yLvv .Y ado 1 t t b' 89 Ia. 7C IT..IP RESOLUTION NO. 8557 (1996 Series) -I, :r A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL OF THE PLANNING COMMISSION'S DENIAL OF A USE PERMIT FOR A WAREHOUSE GROCERY STORE AT 154 SUBURBAN ROAD (A 6-96) WHEREAS, the Planning Commission conducted a public hearing on May 8, 1996 and' denied a use permit for application A 6-96; and WHEREAS, the City Council conducted a public hearing on July 2, 1996 and has considered testimony of other interested parties, the records of the Planning Commission hearing and action, and the evaluation and recommendation of staff; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby upholds the appeal of the Planning Commission's action to deny a use permit for a grocery store at 154 Suburban Road (A 6-96), and approves the use permit based on the following finding(s): SECTION 1. Finding(s). 1. Food 4 Less is more of a warehouse store in character than a neighborhood- commercial center and is therefore consistent with General Plan Land Use Element Policy 3.5.2(C). 2. Warehouse stores are an allowable use in the C-S zone. 3. Food 4 Less has more of a regional serving character than a neighborhood- commercial center and is consistent with General Plan Land Uses Element Policy 3.5.1. SECTION 2. Environmental Determination. 1. Mitigation measures established for the Annexation and Prezoning(ER33�K)and Tract 2202 (ER 74-95) and the Circulation Element EIR ,adequately address potential environmental impacts resulting from construction and operation of a grocery store as part of a neighborhood commercial center at this location. Resolution No. 8557 Appeal A 6-96 Page 2 SECTION 3. Conditions- 1. Provide a greater setback along the Suburban Road and Higuera Street frontages with berms and landscaping for the purpose of screening views into the parking lof, shielding pedestrians, nearby residents, and vehicles,on surrounding roads from headlights of cars in the parking lot; enlarging the buffer between pedestrians and vehicles using the parking lot; and providing continuity in the pattern of frontage landscaping along this portion of South Higuera established by other large developments such as Granada, Hind, and the Telegram-Tribune building (similar to what was submitted at the April 10 Planning Commission meeting). 2. Provide additional information / plans to show how the project's buildings and lighting will comply with tentative map conditions of approval related to energy conservation in conjunction with architectural review of the neighborhood shopping . center (ARC 6-96). 3. Hours of operation shall be limited to between 6:00 a.m. and 10:00 p.m. 4. The project shall post signs limiting delivery hours to between 7:00 am. and 9:00 p.m. and notifying drivers that truck engines must be turned off when parked to the satisfaction of the Director. 5. The project shall include construction of a wall along the eastern property line of the Los Verdes residential area to shield the neighborhood from traffic noise and pollution and for safety reasons to the approval of the ARC in conjunction with architectural review of the neighborhood commercial center ARC 6-96. 6. Parking lot maintenance and sweeping shall be limited to between the hours of 7:00 a.m. and 9:00 p.m. 7. To minimize impacts on nearby residents and night time drivers along South Higuera and to conserve energy, exterior lighting should be directed downward only and average maintained footcandle levels should not exceed 1/2 footcandle (Illuminating Engineering Society standard). 8. The South Higuera Street driveway shall be limited to right in, left in, right out turning movements. The use permit shall be reviewed one year after the grocery store opens to consider how well traffic is moving in this vicinity and whether any further limiting of turning movements at the South Higuera Street entrance is necessary. Resolution No. 8557 Appeal A 6-96 Page 3 Public Works Conditions: 1. All conditions for tract 2202 shall be strictly adhered to. 2. Driveway ramps on Jenny Way shall conform to the City's Engineering Standard Detail No. 2111 (ADA compliance). 3. Street type driveway entrances shall be designed with appropriate handicap access ramps in accordance with the most current City of San Luis Obispo Engineering Standard Details and Standard Specifications. 4. Any building located within flood zone "A" shall have a finished-pad elevation at least one foot above the 100-yr storm water surface elevation. Transportation, Circulation & Bicycles 5. Sidewalk Alignment: the sidewalk alignment should be meandered similar to the detached sidewalks north of the project site. 6. Limit Lines: Limit lines or "stop bars" should be painted on the main entrance driveway, set back a minimum of 2 feet from the proposed textured crosswalk. 7. Bicycle Rack Location: The bicycle racks should be relocated to meet the standards set forth by the Bicycle Transportation Plan (October 1993): Be located as close to the main entrance of the destination as possible and be located at least as conveniently as the most convenient automobile parking. Be visible from the interior of the destination. The proposed locations along the sides of Buildings A and B do not meet these criteria. 8. Number of Bicycle Parkin S�Spaces: Bicycle parking shall be provided to meet the standards set forth by the Bicycle Transportation Plan (October, 1993). Specifically,the plan stipulates that bicycle parking spaces shall be provided at the rate of 15% of the required parking spaces; a minimum of 50% of these spaces should be for short-term parking (bike racks) while a minimum of 40% should be for long-term parking (bicycle lockers). Resolution No. 8557 Appeal A 6-96 Page 4 9. Design of Bicycle Racks: The developer shall review and receive approval of the design of bicycle racks with the public works staff prior to their installation. The staff has information available for review at the Public Works Department that can assist in rack design selection. 10. Transit Stop Design: Signage at the proposed transit stop and the design selected for the transit shelter shall be to the approval of the City Transit Manager. 11. The plans must reflect the interim street and utilities phasing (e.g. - turn around, fire flow/water main sizing, etc...). Upon motion of Council Member Romero, seconded by Council Member Smith, and on the following roll call vote: AYES: Council Members Romero, Smith and Williams NOES: Council Member Roalman and Mayor Settle ABSENT: None the foregoing resolution was adopted this 2nd day of July, 1996. ATTEST: 'A piing Jerk Kim Condon Mayor Allen Settle By: Dodie Williams, 'Tice :layor APPROVED AS TO FORM: *itt7oey f J ensen - - crcy Of san Us owpo MEMORANDUM July 25, 1997 To: Ron Whisenand,Development Review Manager From: Jerry Kenny, Supervising Civil Engineer Subject: : TK Commercial Park-Higuera Street Drivew (T2202) This department recommended that no driveways be allowed on the Higuera St. frontage between Suburban Rd. and Tank Farm Rd., consistant with both City and County policies. Subsequently, as a condition of the tract,the City Council (CC)allowed one "common" driveway, subject to an agreement that provided for closure of the driveway or limitation of left turns (LT) ingress and/or egress,based on traffic safety and delay, etc., conflicts. Later,the CC approved the Food 4 Less project with the conditions recommended by CDD in the PC report, which deleted LT's out of the property onto Higuera St. The agreement was recorded with the tract map(Unit 1), as required. Since this department originally recommended against"any driveway"on Higuera St., PW staff' recommends that the CC requirement to preclude left turns out should prevail. cc: mmcclusk, acablay,mbertacc,hbirlew DevRev\...\T2202\HigueraCommon Driveway A4ackrnen+ 6 -1� CITY OF SAN LUIS OBISPO PLANNING COMMIS ION STAFF REPORT irEM u BY: Whitney Mcllvaine ssociate Planner MEETING DATE: May 8, 1996 FROM: Ron Whisenand, Development Review Manag�r ?�1 FILE NUMBER: A 6-96 \C` PROJECT ADDRESS: 154 Suburban Road SUBJECT: Request for use permit approval of a grocery store in the C-S zone. SUMMARY RECOMMENDATION 1. General Plan Consistency: Determine if the proposed 51,635 SF grocery store at its proposed location is consistent with general plan policies, which are identified and discussed below. 2. Environmental Determination: If the Commission determines the use is consistent with the general plan, the Commission must then determine whether the previous environmental reviews conducted for projects outlined below sufficiently analyzed potential environmental impacts resulting from the establishment of a 51,635 SF grocery store at this location. Previous relevant environmental reviews were separately distributed to Commissioners and include: a) ER 54-93 conducted for the annexation and prezoning of the site, b) ER 74-95 conducted for the subdivision of the annexation site, and C) EIR conducted for the update of the Circulation Element as it pertained to noise mitigation for widening South Higuera Street (mitigation measure #11 in Council Resolution 8332). Note: If the Commission determines the use is not consistent with the general plan and denies the use permit, no environmental determination is required by the California Environmental Quality Act (CEQA Section 15270). However, further consideration of the application on appeal of a denial will be facilitated by adoption of an environmental determination. 3. Use Permit: Approve- with or without conditions - or deny the use permit request, based on appropriate findings. Staff recommends approval of the use permit based on findings and subject to conditions noted under Staff Recommnedation. BACKGROUND Situation Zoning regulations require administrative use permit approval for grocery stores in the Service- Commercial zone. The applicant is proposing to construct a new 51,635 square foot market as part of a commercial center at the corner of Suburban Road and South Higuera Street. The schematic plan shows another large tenant and some smaller tenant spaces. Although the A{kchmen+- 6 -�3 A 6-96 Page 2 application does not specify a particular grocery store, Foods for Less has been identified as a potential tenant. This item was originally scheduled for the Administrative Hearing on April 5. However, given concerns expressed by nearby residents, the Director determined that the item should be referred to the Planning Commission, consistent with Section 17.58.030A.3 of the zoning regulations. Data Summary Project Address: 154 Suburban Road Applicant: Larry Kreutzkampf Property Owners: M.Timm Development, Inc., Larry and Linda Kreutzkampf Representative: Victor Montgomery, RRM Design Group Zoning: Service-Commercial (C-S) General Plan: Services and Manufacturing Environmental Status: ER 54-93; ER.74-95; 1994 EIR for Land Use and Circulation Elements Site Description The project site is relatively flat and currently vacant. To the north are agricultural fields, the new Telegram-Tribune office and production building, and an expansion of San Luis Sourdough. Industrial development, including a concrete block manufacturer, is across Suburban Road to the south. Creekside and Silver City mobile home parks and the Meadows and Los Verdes housing developments are across South Higuera Street to the west. The grocery store would be located on a separate 3.84-acre lot within the proposed 8-acre shopping center. (See attached subdivision plan.) Previous Review/Project History April 10, 1996 - The Planning Commission continued action on the use permit request for a grocery store with direction. February 20, 1996 - The Architectural Review Commission (ARC) granted schematic approval to the overall site planning and building layout for a shopping center with direction. (See attached letter notifying the applicant of ARC action.) Once major tenants have been identified, design details finalized, and all required use permits approved, the project can return for final architectural review. January 16, 1996 - A tentative tract map, which subdivides the entire 22-acre annexation area into 21 lots was approved by the City Council. The Council also approved a mitigated negative declaration for the subdivision (ER 74-95). December 13, 1995 - The Planning Commission recommended that the City Council approve the proposed subdivision of the site with a modification in lot design to include larger lots along ��y A 6-96 Page 3 Tank Farm Road. (Council did not require the modification.) May 9, 1995 - Annexation complete and recorded with the County Recorder. October 4, 1994 - City Council approved the annexation and Service-Commercial prezoning, and approved a mitigated negative declaration of environmental impact (ER 54-93). August 1994 - City Council adopted an update of the Land Use and Circulation Elements of the general plan. March 1, 1994 - City Council denied the annexation and prezoning request, finding it premature, and inadequate with regard to open space policies and water resources. December 7, 1993 - City Council continued action on the annexation and prezoning with direction to the applicant to consider C-S-S zoning in lieu of C-N zoning and provide open space dedication or in-lieu fees. November 17, 1993 - The Planning Commission recommended approval of the annexation and Service-Commercial prezoning. In the review process for both the annexation and subdivision, the developer indicated he planned to construct a neighborhood commercial center along South Higuera Street, with a site layout and tenant areas similar to what is shown on the attached site plan. Therefore, for purposes of environmental review, the project was defined to include development of a commercial center with a 50,000 SF grocery store as proposed. Potential environmental impacts of developing a commercial center were addressed as part of environmental review for both the annexation and the proposed subdivision of the annexed area. However, no approval of the commercial center or individual stores within such a center has been granted. Both the Planning Commission and the City Council acknowledged that development of a commercial center and certain proposed uses within such a center would require architectural as well as use permit approval and that decisions regarding uses and site development would be premature without submittal of more detailed development plans and applicable applications for review. The applicant submitted a use permit application on January 17, 1996 and an application for architectural review on January 26, 1996. EVALUATION General Plan Consistency A. POLICIES WHICH COULD SUPPORT A FINDING OF CONSISTENCY Locating a grocery store at this site could be found consistent with Land Use Element (LUE) policies that encourage neighborhood retail centers to be within about one mile of all residences A 6-96 Page 4 with access from arterials and policies that state convenience facilities serving daily needs should be located in and near employment centers ( LUE Policies 3.2.1, 3.2.2, 3.6.2). To ensure consistency, provisions within these policies should be applied to the project as conditions of approval. LUE policies 3.2.1 and 3.2.2 apply primarily to properties zoned Neighborhood-Commercial (C- N). If the Commission supports a grocery store at this location, it may be appropriate to direct staff to process a general plan amendment and rezoning to change the zoning designation from Service-Commercial (C-S) to Neighborhood-Commercial (C-N). 1. LUE Policy 3.2.1 Neighborhood Commercial, Purpose and included Uses: The City should have areas for Neighborhood Commercial uses to meet the frequent shopping demands of people living nearby. ' Neighborhood commercial uses include grocery stores, laundromats, and drug and hardware stores. Neighborhood commercial centers should be available within about one mile of all residences. These centers should not exceed about eight acres, unless the neighborhood to be served includes a significant amount of high density residential development. Specialty stores may be located in Neighborhood Commercial centers as long as they will not be a major citywide attraction or displace more general, convenience uses. 2. LUE Policy 3.2.2 New or Expanded Centers: New or expanded Neighborhood Commercial centers should: A. Be created within, or extended into, adjacent nonresidential areas; B. Provide uses to serve nearby residents, not the whole City; C. Have access from arterial streets, and not increase traffic on residential streets; D. Have safe and pleasant pedestrian access from surrounding service area, as well as good internal circulation;* E. Provide landscaped areas with public seating;* F. Provide indoor or outdoor space for public use, designed to provide a focus for some neighborhood activities.* * - Approval of the use permit may need to include project conditions to ensure the grocery store is consistent with the provisions of this policy. A 6-96 Page 5 3. LUE Policy 3.6.2 Convenience Facilities (applies to all commercial zones): Convenience facilities serving daily needs, such as small food stores, branch banks, and child and elder care, and amenities such as picnic areas may be allowed in centers of employment. Space for such amenities may be required within large commercial and industrial development. 4. LUE Policies 2.1.3 and 2.1.4 Neighborhood Traffic, Neighborhood Connections: Public Works staff response to consistency with LUE Policies 2.1.3 and 2.1.4 regarding neighborhood traffic and neighborhood pedestrian connections is attached. In their evaluation, the project is, in part, not subject to certain policy provisions and otherwise consistent. 5. LUE Program 3.7.3 Neighborhood Uses: The City will rezone to Neighborhood Commercial existing Service Commercial sites which have become neighborhood convenience centers, if: (1) they primarily serve a neighborhood rather than a citywide market; and (2) they are appropriately located considering access and compatibility with other nearby uses. B. POLICIES WHICH COULD SUPPORT A FINDING OF INCONSISTENCY The grocery store, especially in the context of a neighborhood commercial center, may not be consistent with policies that state such centers should serve nearby residents, not the whole City, and that new specialty stores, department stores, or neighborhood commercial centers should not be developed in Services and Manufacturing areas (Policies 3.2.2, 3.5, 3.5.1, 3.5.2, 3.5.3, 3.1.1, and 3.1.2). 1. LUE Policy 3.2.2 New or Expanded Centers: The full text of this policy is provided above. Provisions marked with an * denote areas of concern with project consistency that may or may not be able to be resolved through project conditioning. 2. LUE Policy 3.5.1 Services and Manufacturing, Purpose: The City should have sufficient land designated for Services and Manufacturing to meet most demands of the City, and some demands of the region, for activities such as wholesaling, building contractors, utility company yards, auto repair, printing, bakeries, and retail sales of large items, bulk quantities, and items often stored outdoors (vehicles, building materials, plants). Areas reserved for these uses may also accommodate convenience restaurants and other activities primarily serving area workers. ��7 A 6-96 Page 6 3. LUE Policy 3.5.2 Appropriate Uses: The following types of uses are appropriate in areas designated Services and Manufacturing. Certain areas designated Service and Manufacturing may be reserved through special zoning provisions for certain types of uses, to assure compatibility among the wide range of potential uses, and to assure adequate land for certain types of uses. A. Wholesaling, warehousing, and storage; B. Vehicle sales and rental (other polices specify their location in the Auto Park area); C. Retail sales of products which require outdoor areas or large floor areas for display and storage, such as warehouse stores, lumber and building material dealers, home improvement centers, furniture and appliance stores, and plant nurseries; D. Repair shops, printing services, laundries, animal hospitals, sporting goods stores, auto parts stores, and some recreation facilities; E. Light manufacturing, research and development, and laboratories. F. Large offices, with no single tenant space less than 2,500 square feet, and having no substantial public visitation or need for access to downtown government services may be located in the Services and Manufacturing districts, subject to approval of a Planned Development zoning application. 4. LUE Policy 3.5.3 General Retail and Neighborhood Commercial Uses: New specialty stores, department stores, or neighborhood commercial centers should not be developed in Service and Manufacturing areas. However, existing uses such as supermarkets and drugstores may be expanded if: A. They are compatible with nearby residential uses; B. The expanded use will not divert trade from other general-retail or neighborhood commercial areas which are better located to serve the expected market. 5. LUE Policy 3.1.1 General Retail, Purpose and Included Uses: The City should have areas for General retail uses adequate to meet most demands of City and nearby residents. General Retail includes specialty stores as well as department stores, warehouse stores, discount stores, restaurants, and services such as banks. Not all areas designated General Retail are appropriate for the full range of uses. kal8 A 6-96 Page 7 6. LUE Policy 3.1.2 Locations for Regional Attractions: The City should focus its retailing with regional draw in the locations of downtown, the area around the intersection of Madonna Road and Highway 101 - Madonna Shopping Center and Central Coast Mall - and the area around Highway 101 and Los Osos Valley Road - Froom Ranch. (Italics added correspond to areas designated General retail on the LUE Map) C. CONCLUSION The policy which best supports a grocery store at this location on a site with C-S zoning is LUE Policy 3.6.2, which promotes small grocery stores and other convenience facilities in all commercial zones to serve both nearby residents and employment centers. Establishment of a neighborhood commercial center with a large supermarket may be consistent with LUE Policies 3.2.1 and 3.2.2, providing amenities and other criteria noted in these polices is incorporated into the neighborhood center. Consistent with Implementation Program 3.7.3, the Commission should then direct staff to process a general plan amendment and rezoning of the neighborhood center site to C-N. The policies which most clearly do not support approval of a large warehouse-style grocery store in the context of a neighborhood center are LUE Policy 3.5, which specifically discourages new neighborhood commercial centers in the C-S zone, and LUE Policy 3.1.2, which states that retailing with regional draw such as warehouse stores and discount stores should be located downtown, or in the Madonna Road malls or in the area designated for General Retail along Los Osos Valley Road. CEQA Compliance As noted above under the summary of previous review, the potential environmental impacts of developing a commercial center with a 50,000 SF grocery store were addressed as part of environmental review for both the annexation and the proposed subdivision of the annexed area. Potential areas of impact which were identified and addressed include consistency with community plans, land use, transportation and circulation, public services and utilities, noise levels, topographic modifications, air quality, plant life, archaeological, energy/resource use and soil contamination. Some additional project details have been submitted as part of the architectural review application, but none that significantly change the project description utilized for purposes of environmental review. Therefore, staff have concluded that the environmental review prepared for the annexation and subdivision of the site meets CEQA requirements to prepare environmental documents at the earliest possible time in the review process and to avoid duplicative paperwork (CEQA Sections 15004 and 15006). Section 15063(d)(5) requires an initial study to contain an "examination of whether the project would be consistent with existing zoning, plans, and other applicable land use controls." This 9 A 6-96 Page 8 same section does not require inconsistency to be treated as a significant environmental impact (emphasis added). The issue of whether this site should be developed with a grocery store or some other use with similar environmental impacts is a land use decision beyond the question of environmental impact significance. Ultimately, it is the role of the Planning Commission and City Council to weigh various general plan policies relevant to a project and make a determination regarding whether the project can or cannot be found consistent with the general plan. Remaining Latitude, Given Previous Approvals In addition to the environmental mitigation measures which are applicable to any development project on this site, the approval of the tentative map for a 21-lot subdivision establishes the maximum number of lots and their configuration, access points, frontage improvements and changes to the surrounding streets and intersections. Attached is the Council resolution (No. 8485) which specifies all conditions that must be met by the applicant prior to final map approval and which apply to development of individual lots. The conditions in the resolution togetherwith the approved tentative map (also attached) constitute the subdivision project approved by Council. The final map and all required physical improvements must be in substantial compliance with the tentative map prior to final approval and recordation (Subdivision Map Act Sections 66473 and 66474.1). Previous actions did not convey any use permit approval of a grocery store or neighborhood commercial center. This issue has always been identified as one to be resolved in conjunction with the applicant's submittal of a specific development plan and associated land use applications (beginning with pp. 6-8 of ER 54-93). However, if the Commission determines the use is consistent with the general plan, and acts to approve the request, any use permit conditions should be consistent with previous conditions of approval. Zoning Regulations Zoning regulations allow "Retail sales - groceries, liquor and specialized foods (bakery, meats, dairy items, etc.)" in the C-S zone, subject to use permit approval. The purpose of use permits is to allow flexibility in providing for, regulating, or preventing various uses, to achieve compatibility with existing or desired conditions in a neighborhood. Use permit approval is required for certain uses so that their detrimental effects can be reduced or.avoided and so potential conflicts in land use can be prevented (Section 17.58.010). If the Commission decides to approve this use permit request, it may be appropriate to condition the following aspects of the project to improve compatibility with nearby residential land uses and to achieve continuity in the attractive pattern of site planning and frontage landscaping along this portion of South Higuera established by developments such as the Granada building, the Hind building, and the Telegram-Tribune. Hours of Operation: The applicant has not specified desired hours of operation. Nearby residents 1t-30 A 6-96 Page 9 have expressed concern over a 24-hour grocery store at this location, because of the potential for late-night noise and traffic and are requesting hours be limited to between 6:00 a.m. and 10:00 p.in. Square Footage: Limiting the size the store would improve consistency with LUE Policies 3.2.2, 3.6.2, and 3.1.2.b The average square footage of all existing markets, including the approved Marigold Center Vons, is 25,325 square feet. The most recently constructed market, Scolari's, is 30,000 square feet. Circulation: The traffic study prepared in conjunction with the annexation request projected traffic volumes and identified necessary changes to surrounding streets based on a development scenario that included a 50,000 square foot grocery store as part of a 100,000 square foot shopping center. Nearby residents are now concerned that turning movements into and out of the South Higuera Street entrance to the shopping center, combined with the increased volume of traffic will make it difficult and dangerous to enter and exit Las Praderas - the only point of access to the Meadows housing development. Public Works staff have evaluated those concerns and their analysis indicates that street improvements that will be installed as part of the subdivision will adequately accommodate additional traffic and turning movements. LUE Policy 3.5.4 states that in Service and Manufacturing areas, driveway access onto arterial streets should be minimized. The Planning Commission could limit turning movements at the South Higuera Street driveway based on testimony presented by nearby residents. Alternatively, the Commission could require the use permit to be reviewed at a specified time in the future to consider how well traffic is moving in this vicinity and whether limiting turning movements at the South Higuera Street entrance is necessary. Pedestrian and Alternate Transportation Access: The project does provide bicycle lockers and employee shower facilities and a new bus stop and pedestrian access from the bus shelter into the shopping center. Crosswalks will be provided at the Suburban Road and Tank Farm Road intersections which tie the site into existing pedestrian circulation systems in the area. A new traffic signal will be installed at the Suburban Road intersection. In addition to environmental mitigation already required of the project and recommended conditions of approval noted at the end of this report, the Commission may consider other project conditions deemed necessary to accommodate pedestrians and alternative modes of transportation. A site plan showing pedestrian access routes in the area is attached as part of the Public Works comments. Delivery Hours: One potential problem with additional truck traffic is their arrival time. Delivery hours could be limited. For Scolari's Market, deliveries were limited to between the hours of 7:00 am and 9:00 pm. Los Verdes Wall: The Los Verdes Home Owners' Association is requesting that the project /-3 1 A 6-96 Page 10 include construction of a wall along their eastern property line to shield the neighborhood from traffic noise and pollution and for safety reasons. The resolution approving the Circulation Element update stipulates, as mitigation for traffic noise levels on street widening projects, that the City will reduce traffic speeds through limits or physical features and require developments to attenuate noise through setbacks, berms, or walls (Resolution 8332, Mitigation Measure #11). The project could be conditioned to include construction of a wall along South Higuera Street. Parking Lot Maintenance and Sweeping: Also to reduce noise exposure for nearby residents, parking lot maintenance, sweeping, and trash compaction should be limited to between the hours of 7:00 a.in. and 9:00 p.m. Parking Lot Screening and Setbacks: The ARC, nearby residents, and staff would prefer to see additional landscaping and street setbacks to better shield views of the parking lot and vehicle headlights. Number of Parking Spaces: Parking for the grocery store would be provided consistent with zoning regulation requirements of 1 space per 200 square feet or 258 spaces. Total parking for the project would be roughly 450 spaces. The traffic study built in a 25% multi-purpose trip reduction factor for the shopping center. It would seem logical to consider a mixed-use parking reduction as well. Lighting: To minimize impacts on nearby residents and night time drivers along South Higuera, and to conserve energy, exterior lighting should be directed downward only and average maintained footcandle levels should not exceed 1/2 footcandle (Illuminating Engineering Society standard). ALTERNATIVES 1. Approve the use permit with or without conditions, based on findings of general plan policy consistency, land use compatibility, adequate environmental review, public health, safety and welfare, or other appropriate findings of fact. 2. Deny the use permit, based on findings of general plan policy inconsistency, land use incompatibility, potential threats to public health, safety and welfare, or other appropriate findings of fact. 3. Continue action to allow the applicant time to address specific unanswered concerns of the Commission and/or to require preparation of an initial environmental study with direction regarding issues to be examined. OTHER DEPARTMENT COMMENTS Other department comments are attached and recommended conditions are incorporated into the staff recommendation. 3� A 6-96 Page 11 STAFF RECOMMENDATION Approve the use permit, based on the following findings and subject to the following conditions: Fines 1. As conditioned, the grocery store use will be compatible with nearby residential uses. 2. As conditioned, a grocery store in this location is consistent with general plan policies that encourage the location of neighborhood commercial centers within about 1 mile of all residences, serving nearby residents and not the whole City. 3. Approval of a use permit to allow a grocery store at this location is consistent with zoning regulations since zoning regulations implement the general plan and provide for grocery stores in the C-S zone with use permit approval. 4. Mitigation measures established for the Annexation and Prezoning (ER 53-94) and Tract 2202 (ER 74-95) and the Circulation Element EIR adequately address potential environmental impacts resulting from construction and operation of a grocery store as part of a neighborhood commercial center at this location. Conditions: 1. Provide a greater setback along the Suburban Road and Higuera Street frontages with berms and landscaping for the purpose of screening views into the parking lot; shielding pedestrians, nearby residents, and vehicles on surrounding roads from headlights of cars in the parking lot; enlarging the buffer between pedestrians and vehicles using the parking lot; and providing continuity in the pattern of frontage landscaping along this portion of South Higuera established by other large developments such as Granada, Hind, and the Telegram-Tribune building (similar to what was submitted at the April 10 Planning Commission meeting). 2. Provide additional information / plans to show how the project's buildings and lighting will comply with tentative map conditions of approval related to energy conservation in conjunction with architectural review of the neighborhood shopping center (ARC 6-96). 3. Hours of operation shall be limited to between 6:00 a.m. and 10:00 p.m. 4. The project shall post signs limiting delivery hours to between 7:00 a.m. and 9:00 p.m. and notifying drivers that truck engines must be turned off when parked to the satisfaction of the Director. 5. The project shall include construction of a wall along the eastern property line of the Los Verdes residential area to shield the neighborhood from traffic noise and pollution and for -33 A 6-96 Page 12 safety reasons to the approval of the ARC in conjunction with architectural review of the neighborhood commercial center ARC 6-96. 6. Parking lot maintenance and sweeping shall be limited to between the hours of 7:00 a.m. and 9:00 p.m. 7. To minimize impacts on nearby residents and night time drivers along South Higuera and to conserve energy, exterior lighting should be directed downward only and average maintained footcandle levels should not exceed 1/2 footcandle (Illuminating Engineering Society standard). 8. The grocery store shall be limited to a maximum area of 30,000 square feet. 9. The South Higuera Street driveway shall be limited to right in, left in, right out turning movements. The use permit shall be reviewed one year after the grocery store opens to consider how well traffic is moving in this vicinity and whether any further limiting of turning movements at the South Higuera Street entrance is necessary. 10. The grocery store shall be developed as part of a neighborhood commercial center and not as a stand alone use. In a separate motion, direct staff to process a general plan amendment and rezoning of tentative map lots 1 through 4 to Neighborhood-Commercial from Service-Commercial. Public Works Conditions: 1. All conditions for tract 2202 shall be strictly adhered to. 2. Driveway ramps on Jenny Way shall conform to the City's Engineering Standard Detail No. 2111 (ADA compliance). 3. Street type driveway entrances shall be designed with appropriate handicap access ramps in accordance with the most current City ofSon Luis Obispo Engineering Standard Details and Standcnd Specifications. 4. Any building located within flood zone "A" shall have a finished pad elevation at least one foot above the 100-yr storm water surface elevation. Transportation, Circulation & Bicycles 5. Sidewalk Alignment: the sidewalk alignment should be meandered similar to the detached sidewalks north of the project site. 6. Limit Lines: Limit lines or"stop bars" should be painted on the main entrance driveway, set back a minimum of 2 feet from the proposed textured crosswalk. A 6-96 Page 13 7. BiZcle Rack Location: The bicycle racks should be relocated to meet the standards set forth by the Bicycle Transportation Plan (October 1993): Be located as close to the main entrance of the destination as possible and be located at least as conveniently as the most convenient automobile parking. Be visible from the interior of the destination. The proposed locations along the sides of Buildings A and B do not meet these criteria. 8. Number of Bicycle ParkinsSpaces: Bicycle parking shall be provided to meet the standards set forth by the Bicycle Transportation Plan(October, 1993). Specifically, the plan stipulates that bicycle parking spaces shall be provided at the rate of 15% of the required parking spaces,a minimum of 50%of these spaces should be for short-term parking (bike racks) while a minimum of 40% should be for long-term parking (bicycle lockers). 9. Design of Bicycle Racks: The developer shall review and receive approval of the design of bicycle racks with the public works staff prior to their installation. The staff has information available for review at the Public Works Department that can assist in rack design selection. 10. Transit Stop Design: Signage at the proposed transit stop and the design selected for the transit shelter shall be to the approval of the City Transit Manager. 11. The plans must reflect the interim street and utilities phasing (e.g. - turn around, fire flow/water main sizing, etc...). Attached: vicinity map site plan subdivision plan comparative grocery stores Council resolution other dept. comments, including Public Works resonse to general plan policies ARC 2/20 minutes letters from Strong Planning Services letters from the public received since April 10 • �3S 'EETIN AGENDA LATE '2' ITEM # Honorable Mayor and City Council __ �NCIL D DIR City of San Luis Obispo wu0 O FIN DIR 990 Palm Street CAO O FIRE CHIEF ArVSan Luis Obispo,CA 93401 ORNEY O PW DIR LERKIORIG O POLICE CHF O MG TT TEAM O REC DIR RE:T.K.Annexation-Modification of condition#8 � O UTIL DIR O PERS DIR Dear Mayor Settle: You will soon be reviewing a request to modify condition#8 of an existing use permit(A 6-96)that prohibits left hand turns on to Higuera*Street from only one of the multiple entrance and exit locations on this site.I urge you to please reject this request do to the serious traffic specific modification. safety issues associated with this There is simply not enough room for any type of vehicle to exit the shopping center and travel South on Higuera without coming into direct conflict with another vehicle exiting Las Praderas turning North or South on Higuera. Thank you for your attention to this matter. Sincerely, Rob Bryn Resident The Meadows RECEIVED AUG 2 8 1997 SLO CITY COUNCIL