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Home My WebLink About10/19/1999, C2 - PD-140-98: FINAL PASSAGE OF ORDINANCE NO. 1358 APPROVING A DEVELOPMENT PLAN AND PLANNED DEVELOPMENT (PD) REZONING FOR PROPERTY ON THE SOUTH SIDE OF EL CAPITAN WAY, KELLY GEARHART, APPLICANT. council ° ";o,,�_�y j acEnba WPORt CITY OF SAN LUIS OBISPO FROM: Arnold B.Jonas, Community Development Director Prepared By: John Shoals, Associate Planner J SUBJECT: PD-140-98: FINAL PASSAGE OF ORDINANCE NO. 1358 APPROVING A DEVELOPMENT PLAN AND PLANNED DEVELOPMENT (PD) REZONING FOR PROPERTY ON THE SOUTH SIDE OF EL CAPITAN WAY, KELLY GEARHART, APPLICANT. CAO RECOMMENDATION Grant final passage to Ordinance No. 1358 (1999 Series). DISCUSSION On October 5, 1999, the City Council voted 5-0 to introduce Ordinance No. 1358 to print. This ordinance approves a development plan and Planned Development (PD) rezoning which: 1) amends the City's Zoning map to change the property's zoning designation from R-2-SP (Medium-Density Residential with a specific plan overlay) to R-2-SP-PD (Medium-Density Residential-Specific Plan with a planned development overlay); and 2) allows reduced lot widths and greater lot depth-width ratios for vesting tentative tract map TR-71-99 (approved by City Council Resolution No. 8791 ). Ordinance No. 1358 is now ready for final passage. A summary of the ordinance,with the official Council vote,will be published at least five(5) days prior to its final passage in the Telegram-Tribune. This ordinance will go into effect at the expiration of thirty(30)days after its final passage. Environmental Review The City Council approved a Negative Declaration with mitigation measures (ER-71-99) for the proposed PD rezoning on October 5, 1999. ER-71-99 addressed potentially significant, but mitigable,impacts to geologic problems(seismic hazards and soils),biological resources,water,air quality,energy/mineral resources,utilities/service systems,and cultural resources. Impacts to other environmental areas were determined to be less than significant. The Mitigated Negative Declaration concluded that the project will not have a significant adverse impact on the environment. C2-1 Ordinance No, 1352(1999 Series) PD-140-98(915 El Capitan Way) Page 2 Consequences-of Not Taking the Recommended Action If.the council does not give final passage to the ordinance, the property's zoning would remain R2-SP;. and the vesting tentative tract map would .be inconsistent with the preliminary development plan and in effect denied. ATTACHMENTS 1. Ordinance No.058 JShoa1s/CC/PD71=99(0rd 135 8) C2-2 ORDINANCE NO. 1358 (1999 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE ZONING REGULATIONS MAP TO DESIGNATE A 0.84-ACRE SITE, ON THE SOUTH SIDE OF EL CAPITAN WAY, TO MEDIUM DENSITY RESIDENTIAL- SPECIFIC PLAN WITH A PLANNED DEVELOPMENT OVERLAY (R-2-SP-PD); 865 AND 885 EL CAPITAN WAY. PD-71-99 WHEREAS, the Planning Commission conducted a public hearing on August 25, 1999, and recommended approval of amendments to the City's Zoning Map; and WHEREAS, the City Council conducted a public hearing on October 5, 1999, and has considered testimony of interested parties, the records of the Planning Commission hearing and action, and the evaluation and recommendation of staff, and WHEREAS, the City Council finds that the proposed revisions are consistent with the General Plan, the purposes of the Zoning Regulations,and other applicable City ordinances; and WHEREAS,the City Council has considered the draft Mitigated Negative Declaration of environmental impact as prepared by staff and reviewed by the Planning Commission; and BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council finds and determines that the project's Mitigated Negative Declaration adequately addresses the potential significant environmental impacts of the proposed map amendment to the Zoning Regulations, and reflects the independent judgement of the City Council. The Council hereby adopts said Mitigated Negative Declaration and incorporates the following mitigation measures into the project: 1. Consistent with Municipal Code Section 15.44.270, all graded surfaces shall be wetted, protected or contained in such a manner as to prevent dust or spill upon any adjoining property or street. The following measures shall constitute the project's dust management plan and shall remain in effect during all phases of that project's construction: a) Regular wetting of roads and graded areas (at least twice daily with complete coverage of all active areas); b) Increasing frequency of watering whenever winds exceed 15 mph; c) Cessation of grading activities during periods of winds over 25 mph; d) Direct application of water on material being excavated and/or transported onsite or offsite; e) Watering material stockpiles;and f) Periodic washdowns,or mechanical streetsweeping,of El Capitan Way in the vicinity of the construction site. C2-3 Ordinance No. 1358 (1999 Series) Page 2 2. The property owner shall grant an avigation easement to the County of San Luis Obispo via an avigation easement document prepared by the County. 3. Site development shall include a solid waste recycling plan for recycling discarded building materials such as concrete, drywall, wood and metals from the demolition and construction phases. The plans must be submitted for approval by the Community Development Director prior to building permit issuance. 4. The final project shall be designed to include interior and exterior recycling. SECTION 2. The Zoning Regulations map amendment (PD 71-99) designating the property to R-2-SP-PD as shown on the attached Exhibit "A", is hereby approved based on the following findings: I. The project 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. The project provides more affordable housing than would be possible with conventional development; and 3. Features of the particular design achieve the intent of conventional standards (privacy, usable open space, adequate parking, neighborhood compatibility, and so on) as well as or better than the standards themselves. SECTION 3. The Zoning Regulations map amendment (PD 71-99) is hereby approved subject to the following conditions: 1. All development shall be consistent with the Edna-Islay Specific Plan. 2. The final development plan shall include the Architectural Review Commission directions on building setbacks, landscaping and architectural treatments. 3. The applicant shall submit a more refined landscaping and irrigation plan for final review and approval. The existing mature trees shall be incorporated into final project design,as feasible. 4. Appropriate visual and sound mitigation, approved by the Community Development Director, shall be installed between the residential project and adjoining commercial property. 5. The developer shall provide disclosure to potential home buyers that the adjoining property is occupied with commercial uses and is zoned C-S (Service-Commercial), and shall provide home purchasers with a zoning matrix with the potential commercial uses that may be C2-4 Ordinance No. 1358 (1999 Series) Page 3 established on the property. SECTION 4. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in the 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 5th day of October, 1999, on a motion of Council member Romero, seconded by Council member Schwartz, and on the following roll call vote: AYES: Council Members Ewan, Marx,Romero, and Schwartz and Mayor Settle NOES: ABSENT: Mayor Allen Settle ATTEST: City Clerk Lee Price APPROVED AS TO FORM: li o eff rgensen JShoals/CC/IR71-99(0rd) C2-5 EXHIBIT A PD 71 -99 P�Nni A R-2-SP-PD R-2-SP-PD /' C(OS-SP-PD R-2-SP to G R 2-SP-PD C !' N c