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HomeMy WebLinkAbout06/01/1993, 2 - ACTIONS RELATING TO PROPERTY AT 3950 BROAD STREET, REQUEST TO APPROVE A SUBDIVISION AND PLANNED DEV II�����tl���INIIIIIIII�I�IIQIII city 1" MEETING DATE. pinup O S�►11 Lt.l1S OBISpO �-/'y3 COUNCIL AGENDA REPORT ITEM NUMBER: FROM: Arnold Jonas, Community Development Directoo '"' PREPARED BY: Greg Smith, Associate Planner, , I SUBJECT: Actions Relatingto o Property at 3950 Broad Street. Requests to approve a subdivision and planned development rezoning to create a mixed-use shopping center on the east side of Broad Street, between Industrial Way and Tank Farm Road. A. Planned Development Rezoning PD 191-92: A request to amend the zoning map from C-S-S, C-N-SP, and R-2-SP to C-S-PD, and to approve a preliminary development plan for a mixed-use shopping center. B. Tract 2133 (City File No. TR 191-92): A request to subdivide a 17.2 acre parcel into six lots. CAO RECOMMENDATION: Approve rezoning application PD 191-92 and tentative tract map application No. 2133 subject to appropriate findings and conditions. REPORT IN BRIEF: The staff report evaluates several important policy areas: • Land use policies. The applicants propose a "hybrid" mixture of neighborhood and service commercial uses. The Planning Commission has determined that the proposed uses can be considered consistent with applicable General Plan policies, however. • Traffic and circulation. The proposed project includes street widening projects and installation of a traffic signal at the Broad/Industrial intersection. These and other mitigation measures are needed to insure that the project will.not cause significant adverse impacts on traffic safety and congestion levels. Site planning. The service area of the project is located adjacent to a strip of land zoned for low density residential uses. Special mitigation measures are needed to insure that noise levels suitable for residential uses are maintained. DISCUSSION Background The Council is considering two applications related to the proposed "Marigold Center" project. PD 191-92 Page 2 The Council has final jurisdiction over the PD rezoning and the tentative tract map. The Planning Commission conducted a hearing on those applications on April 28, 1993. The Commission recommends approval of the project, based on findings and conditions in the attached draft ordinance and resolution. Minutes from the Planning Commission hearing are also attached In addition, the project must be approved by the.Architectural Review Commission (schematic. approval granted on March 1, 1993). The CHC acts in an advisory role to the Council and ARC on this project. The CHC's recommendation that an existing well house structure be preserved on the site is inconsistent with.the proposed PD preliminary development plan. Several separate actions related to mitigation measures for this project - including a "clean-up" amendment to the Edna/Islay Specific Plan-will be processed in the near future. Refer to the recommended mitigation measures. Data Summary Address: 3950 Broad Street Applicant: Marigold Partners Representative: RRM Design Group Existing Zoning: C-S-S'(Service Commercial - Special Considerations), C-N-SP (Neighborhood Commercial - Specific Plan), R-2-SP (Medium Density Residential - Specific Plan) Proposed Zoning: C-S-PD (Service Commercial, Planned Development) Environmental Status: Mitigated negative declaration approved by Director, modified by Planning Commission. Project Action Deadline: Tentative tract map - July 1, 1993. PD rezoning - Not applicable to rezoning actions. Site Description The site is approximately 16.6 acres, excluding the stormwater detention basin at the southeast comer. A wood frame house and well house currently occupy the site, along with several shed buildings. No significant vegetation is found on the site. A boat shop is located near the southwest comer of the site, but is not part of the site. The site slopes approximately 24 feet vertically from the high point (northeast comer) to the low point (southwest corner); average slope is approximately 2%. Various residential and service commercial uses surround the site. Project Description The shopping center would include a variety of uses and buildings; as summarized below. Refer also to the PD application and the project data on Sheet ARC 2 of the blueprint plans; refer to the Evaluation section of this report for analysis of the rezoning issues to be addressed. Existing and Proposed Zoning. A narrow strip along the Tank Farm Road frontage of the site is currently zoned C-N-SP and R-2-SP. The larger portion of the site was part of the recent Broad Street Annexation, and was zoned C-S-S concurrently with annexation. The pre-zoning ordinance for this annexation listed five special considerations: PD 191-92 _ Page 3 1. Regulation of vehicular access to Broad Street. 2. Securing public improvements, including utility extensions and street improvements. 3. To address area-wide drainage problems.. 4. To insure land use compatibility and appropriate land use buffers. 5. To insure safe and orderly development consistent with availability of water and sewer services and necessary infrastructure. The entire site is proposed to be rezoned to C-S-PD. A strip of undeveloped property between the Marigold site and Poinsettia Drive is zoned for R-1 development, and tentative maps for a total of 16 lots have been approved or are pending approval. The owners of the Marigold project also own the R-1 strip. Proposed PD Ordinance. The principal feature of the proposed planned development regulations is the modified list of allowed uses. Numerous additions to and deletions from the types of uses allowed or conditionally allowed in the C-S zone are proposed. Most notable changes include deletion of most "heavy commercial" uses, such as auto sales and warehousing, and inclusion of various office and specialty retail uses. The list of proposed uses is attached to this report in the form of an annotated chart from the Zoning Regulations. Proposed Buildings. The applicant proposes 13 structures, many of which would be interconnected. The three largest buildings would house a grocery market (Building G, 57,435 sf); a drug store or other large retail use (Building J, 25,900 sf); and a home improvement center (Building M, 44,050 sf plus 17,000 sf outdoor sales and storage)._ Prospective tenants for the market and home improvement center have been identified as Von's/Williams Bros., and Orchard Supply Hardware, respectively. Four free-standing building pads are proposed near the Broad Street frontage. The three smaller pads would be suited to fast food restaurants; the larger is intended for a video rental business such as Blockbuster Video. Approximately 30,000 square feet of small shops and offices would be located adjacent to the three largest buildings. The proposed buildings meet most standards for height and setbacks in the C-S zone. An exception to allow a 12-foot high fence around the storage area between Building M and the Tank Farm Road frontage is requested. Related Zoning/Plan Amendments. Several related rezonings and amendments to the Land Use Element and Edna/Islay Specific Plan are related indirectly to the applications filed for the Marigold project: oC' PD 191-92 Page 4 - Rezone existing Williams Bros. site from C-S-PD to C-S-S. Needed to implement applicant's proposal to close existing market as soon a new market opens. The uses allowed under existing PD zoning on that site - including the existing market -would not be consistent with Zoning Regulations or General Plan policies, if they are duplicated elsewhere in the neighborhood. - Amend Edna/Islay Specific Plan to delete entire Marigold site from plan area. Although the specific plan includes the Marigold site as a "Secondary Planning Area", the Council did not include the "SP" designation when the site was annexed. The plan should be amended for consistency. - Amend zone map and Specific Plan to change designation of southeast comer of Broad/Tank Farm from C-N-SP to C-S-SP. This change is needed to provide consistency with LUE policies regarding location and number of neighborhood centers. Application PD 51-93, recently filed by owner of that site, would implement this change. These changes are discussed in more detail in Section 2 below, and in the attached initial study. Relocation of Existing Market. The applicant proposes to close the existing Williams Bros. market at the southeast corner of Broad and Capitolio as soon the market in the new Marigold center is open. A development agreement or other covenant would insure that no new market would open at the Capitolio site, and that plans for a shopping center at the old site would be abandoned. \ Road Widenings and Other Infrastructure Improvements. The applicant will be responsible J for widening Broad Street and Industrial Way adjacent to the site, and for installation of traffic signals at the Broad/Industrial intersection. In addition, the applicant will enter into an agreement with the City to provide a signal at the Broad Street driveway entrance, if one is needed. The applicant will provide a bus stop at the Broad Street frontage. The plans include small on-site detention basins, and enlargement of the large basin at the southeast corner of the site, to help control flooding on the site and downstream, as required by the Broad Street Annexation EIR mitigation measures. No off-site drainage improvements are needed. EVALUATION 1.0 Land Use Policy Issues The City's land use policies for the site are contained in the adopted General Plan, Edna/Islay Specific Plan, and the Zoning Regulations. Further policy statements are contained in the draft updates of the Land Use Element, Housing Element, and Circulation Element. Excerpts of relevant policies from these documents are attached. The proposed center would be a "hybrid" of various uses not usually allowed within any one PD 191-92 _ Page 5 zone by City policies. The Zoning Regulations for planned developments allow any "combination of uses which conform with the General Plan." The uses proposed by the applicant are indicated on an annotated copy of the matrix of allowed uses from the zoning regulations (attached). Analysis and recommendations by the Commission and staff are based on four criteria: - Consistency with C-N and/or C-S land use policies. - Compatibility with other uses proposed for the site. - Suitability of proposed buildings to accommodate the use. - Compatibility with adjacent residential uses. In general, staff and the Planning Commission have concluded .that uses which are consistent with policies for Service Commercial and/or Neighborhood Commercial districts can be found consistent with the General Plan. Uses normally restricted.to Office or Retail Commercial districts, however, are not consistent. A more detailed analysis of consistency issues is contained in Section 1.1 below. Staff and the Commission judged most of the uses proposed by the applicant to be consistent with the criteria, with several exceptions: - Auto Repair and Related Services - Carwashes - Retail Sales - Tires and Batteries - Service Stations Condition No. 20 of the draft PD ordinance would delete those uses from the list proposed by the applicant. The applicant's representative indicated at the Commission hearing that there was no objection to the recommended deletions. 1.1 Office Policies. The PD application includes a category of "Offices - Local Service". It would include uses within the current category of "Offices (professional)", subject to approval of an administrative use permit; and subject to maximum limits of 2,000 square feet per tenant and 7,000 square feet cumulative total within the center. The adopted Land Use Element includes several policies regarding appropriate locations for office uses, including the following: "Isolated office uses within residential areas or convenience centers should be discouraged...Mhe dispersion of banks, real estate offices, financial institutions, medical clinics, and doctors offices, and lawyers offices throughout the city is prohibited." (LUE p. 17, attached:) Policies in the draft LUE do not include specific prohibitions against office uses in neighborhood or service commercial areas. However, the only type of office use which is listed as appropriate in those areas is "[llarge offices having no substantial public visitation or need for access to downtown government services", which may be appropriate in service commercial PD 191-92 Page 6 areas. The Commission determined that the types and sizes of offices proposed by the applicant - would be consistent with applicable policies. 1.2 Specialty Retail Uses. The applicant proposes to allow uses from the category of "Retail Sales and Rental - Specialties", subject to square footage limits similar to those in C-N zones. (Maximum floor area of 2,000 square feet per tenant, plus a cumulative limit on the retail specialty square footage for the center; see PD condition No. 6.) An exception to the tenant size limit is proposed for a 6,000 square foot video store. LUE policies restrict retail uses serving City-wide or regional markets, to existing C-R or C-C zones. The Commission determined that video store would be appropriate in this project, and their recommendation is incorporated in condition No. 6. 2.0 Traffic and Circulation Issues The traffic and circulation impacts of development in the Broad Street Annexation area were evaluated in the EIR for the annexation. Additional analysis regarding the specific impacts from the Marigold center was prepared by the same traffic consultant. The traffic studies conclude that various mitigation measures are necessary to avoid both short term and cumulative impacts. Those reports are summarized in the attached initial study for the Marigold project. Council members' agenda packets also include the text of the Marigold traffic study and the EIR mitigation measures. Appendices for the Marigold traffic study and the complete EIR are available for review in the Community Development Department office. 2.1 Short Term Traffic Impact Mitigation. The studies noted above concluded that the Marigold project would not have any significant short term impacts on traffic congestion or safety, if minor modifications to the Broad Street entry drive are made, and if certain street improvements are constructed concurrently with the shopping center: -Widening of Broad Street and Industrial Way to accommodate additional turning lanes and bicycle lanes. -Installation of a traffic signal at the Broad/Industrial intersection, to be interconnected with existing signals at the Broad/Tank Farm intersection. The conclusions regarding short-term impacts are supported by City staff, Caltrans staff, and the applicant. The applicant has agreed to install the improvements as recommended. 2.2 Cumulative Traffic Impact Mitigation. The City determined that development of the annexation area, along with development of other areas near the south edge of town, would generate significant cumulative traffic impacts. The following mitigation measure were included in the resolution approving the Broad Street Annexation Area EIR: - Cumulative development traffic impact fees will be adopted and implemented to provide funding for area wide improvements. PD 191-92 Page 7 It is not clear whether the project will be affected by the pending Traffic Impact Fee Ordinance; that will depend on the specific provisions of the ordinance and the timing of its adoption. The EIR mitigation measure gives the City authority to require traffic mitigation fees independently of the impact fee ordinance, however. PD condition No. 23 calls for payment of a $56,000, and condition No. 22 refers to the possible application of the impact fee ordinance. It is likely that the $56,000 fee and the cost of installing the Broad/Industrial signal would be credited toward impact ordinance fees, if the future ordinance does apply to the project. 23 Additional Mitigation Measures Recommended by Air Pollution Control District. The staff of the County Air Pollution Control District (APCD) has recommended various measures to mitigate construction and traffic impacts on air quality.. Most of these recommendations have been incorporated into the measures listed in the mitigated negative declaration and draft resolution. Two of the APCD's suggestions have not been included in the resolution, however, and staff and the Commission do not recommend that they be adopted: - Establish a private shuttle service for the site and neighborhood. It is not clear to City staff that the shuttle service would be feasible, or that it would be effective in significantly reducing total trips or vehicle miles traveled. Note that a City bus stop will be provided at the Broad Street frontage of the center, and that City transit service to the Edna Islay area will be expanded as the area develops further. - Reduce the number of parking spaces provided on the site to encourage use of alternative transportation. The number of spaces provided on site corresponds to the number of spaces required by City standards for the various uses proposed. Although the City has approved reductions of up to 20% for other shopping centers, the applicant has not requested any reduction for this project. Although staff would support a parking reduction for site planning reasons noted below, it is not clear that a reduction would be necessary or effective for emissions reduction. A third measure which was not included in the APCD recommendations or traffic studies, but should be adopted, is implementation of an employee trip reduction plan. The City has required such plans in the past for PD rezonings. PD condition No. 21 would a plan to be reviewed annually by the Community Development Director. 2.4 Impact on Tank Farm/Poinsettia Intersection. Neighborhood residents have raised concerns about hazards to pedestrians attempting to cross Tank Farm Road at Poinsettia Street. The complaints are typical of problems faced by residents who wish to cross arterial or collector streets: intersections with four-way stop signs or signals which are spaced for optimum pedestrian convenience, are too close together for optimum vehicular flow. ` Analysis of the Tank Farm/Poinsettia intersection by the City engineer and the traffic consultant concludes that no modifications to the intersection are warranted, for several �-T PD 191-92 Page 8 reasons: - Traffic volumes at the intersection will not be significantly increased by the project. Most of the traffic coming to the center from the east involves trips which now pass through the intersection going to more remote locations via Broad Street or Tank Farm Road. -Traffic volumes on Poinsettia do not warrant the expense of signal installation, nor the inconvenience to motorists using Tank Farm Road. - Installation of a four-way stop would be likely to increase accident rates, by causing motorists to stop in an unexpected location, and by giving pedestrians a false sense of security. Staff suggests that the neighbors' concerns be referred to the City Engineer and City Traffic Committee for further study of possible solutions, independent of review of the marigold project. 3.0 Site Planning Issues Staff has identified several site planning issues, which are analyzed in the following sections. Note that the Architectural Review Commission also reviews the project's site plan. That commission granted schematic approval to the building design and site plan on March 1, 1993. No specific direction was made regarding site plan revisions, although ARC members commented that they anticipated that the PD review process would address site planning issues related to neighborhood compatibility, such as noise impacts. 3.1 Site Plan Concept. The site plan concept is appropriate, in the judgement of the Planning Commission,ARC,and staff. Driveway locations,on-site circulation,perimeter landscaping and grading are consistent with site conditions and common shopping center development patterns. The ARC and Planning Commission have not required provision of additional interior landscape area, as recommended by staff in previous reports on the project. Staff would support a slight parking reduction (+/- 5%), if needed, to implement such a requirement. 3.2 Noise Impacts from Service Area. This is perhaps the most significant site planning issue, in staff's judgement. Truck traffic, loading activities, and trash trucks can generate noise levels as high as 90 dB. Since the major service area for the center adjoins lots slated for future R-1 development, mitigation of these noise levels is an important concern. Staff and the Planning Commission recommend a combination of mitigation measures intended to reduce noise levels to acceptable levels for the adjoining residential lots, including: - Limitations on hours of operations for deliveries and trash pickups. - Construction of a noise wall between the shopping center and the R-1 lots. r V' V PD 191-92 Page 9 - Mitigation measures to be incorporated into the design of residences adjoining the shopping center. The applicant has indicated willingness to comply with the recommended measures. Refer to the initial study for a more detailed evaluation of noise levels and mitigation measures. 3.3 Well House Removal. The proposed project involves demolition of a wood frame house on the site and various accessory structures. A well house on the site is proposed for demolition or relocation outside the City. The Cultural Heritage Committee - which acts in an advisory capacity to the Council and ARC on this project - reviewed the project on March 22, 1993. The CHC recommends that demolition of the house and other structures be approved, but that the well house be preserved on the site. Council action on the preliminary development plan will determine whether the well house is preserved on-site or not. Since the well-house is not shown on the plan, a condition specifically requiring preservation would have to be added if that option is favored by the Council. Staff supports relocation of the building, as proposed by the property owner. Preservation on- site is not appropriate because of problems with site plan modifications and contrasting architectural styles. In addition, the well house could be considered incompatible with the proposed commercial uses for the site. 3.4 Fence Height Exception. The applicant proposes a screen wall between the home improvement storage area and the Tank Farm Road frontage of the site. The applicant has indicated that a fence with a ten-foot height and eight-foot setback, as recommended by the Planning Commission, would meet security needs. This is slightly lower than the applicant's original proposal for a twelve-foot height and five-foot setback. OTHER DEPARTMENT COMMENTS Fire Department staff notes that public and private fire hydrants will need to be installed at various locations on the site. Engineering staff has been involved in the review of traffic studies, and support the mitigation measures recommended the conditions of approval. A striping plan for Broad Street,extending at least 300 feet south of Tank Farm, will be required as part of the tract improvement plans required to be prepared by the developer. Additional, detailed studies of on-site drainage will be necessary before building permit issuance. Staff of the Utilities Department indicates that existing lift stations and sewer lines will not be adequate to handle full development of the annexation area. Preliminary studies of possible lift station improvements vs. installation-of a gravity-flow sewer main in Tank Farm Road have not been completed, however. No immediate problems are anticipated as a direct result of the project, however,and Utilities staff is not recommending mitigation beyond the Rockview/Tank Farm lift station charges at the rate established by Council resolution in 1966. CONCURRENCES �-9 PD 191-92 Page 10 As noted above, the Planning Commission's recommendation is reflected in the attached draft PD ordinance and tentative map approval resolution. Attached draft minutes from the Commission hearing reflect public testimony regarding the project. Testimony from neighbors noted concerns with potential noise and traffic impacts, but seemed to generally favor the construction of the shopping center. FISCAL IMPACT Approval of the proposed project would increase City revenues and expenditures in several ways. Mitigation fees, property and sales tax increases would raise City revenues. The cost of providing public services would also increase, however. Overall, staff expects revenues to exceed costs. ALTERNATIVES The Council may also deny the applications, or grant approvals subject to modified conditions of approval. Any action to approve must include a finding of no significant effect on the environment (negative declaration). Specific additional findings are required by state law for action on the tentative tract map, as noted in the draft resolutions. RECOMMENDATION Staff recommends the council pass to print the attached ordinance adopting a mitigated negative declaration and approving rezoning application PD 191-92, and adopt the attached draft resolution approving the vesting tentative tract map No. TR 2133. Attachments:Draft PD Ordinance Draft resolution for tract map approval Draft resolution for PD and tract denial Vicinity Map Site Plan Tentative Map Applicant's Statement Proposed Uses Chart General Plan Excerpts Initial Study 4/28/93 Planning Commission Minutes (Draft) Estimated fees Traffic Impact Study (distributed to Council only) Final EIR for Broad Street Annexation (distributed to Council only) ORDINANCE NO. (1993 SERIES) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE ZONING REGULATIONS MAP TO CREATE A SHOPPING CENTER ON THE EAST SIDE OF BROAD STREET BETWEEN TANK FARM ROAD AND INDUSTRIAL WAY FROM C-S-S, C-N-SP AND-R-2-SP TO C-S-PD (APPLICATION PD 191-92) WHEREAS, the City Council has held a hearing to consider the planned development request PD 191-92; and WHEREAS, the City Council makes the following findings; 1. The Planned Development will achieve the intent of conventional standards by exceeding or substantially complying with property development standards provided in the Zoning Regulations. 2. A negative declaration is approved for the project, based on incorporation of the mitigation measures listed below into the project description. BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Planned Development preliminary map PD 191-92 is hereby approved subject to the following conditions: 1. The Community Development Director shall prepare a plan for monitoring effectiveness of all mitigation measures. The applicant understands that the monitoring program may require the Director to modify mitigation measures found to be physically infeasible or. ineffective, and agrees to comply with such modifications as are determined necessary by the Director to achieve the intent of the original measures. 2. Amend the Edna/Islay Specific Plan (FISP) to designate the entire Marigold Center site for Service Commercial/Light Industrial uses. 3. Amend the EISP to designate the area at the southeast comer of the Tank Farm/Industrial intersection for appropriate uses other than neighborhood commercial. 4. Subdivider shall enter into an agreement to provide for the rezoning of the property at 3570 Broad Street from C-S-PD to C-S-S, and for termination of the operation of the existing market at that location, concurrently with the opening of the proposed market at the Mangold project site. The agreement shall be in the form of a recorded covenant �-ll i Ordinance no. (1993 Series) Planned Development Rezoning PD 191-92 Page 2 running with the land, to the approval of the City Attorney and Community Development Director. 5. Limit office uses to those allowed by the Land Use Element (e.g:, banks, offices larger than 2,500 sf, engineers, and "Local Service Offices" in the list submitted by the applicant). 6. Uses within the category of "Retail Sales and Rentals - Specialties" shall be limited to a total of not more than 2,000 square feet per tenant, and to a cumulative total of not more than 25,000 square feet of the gross floor area of the center. In addition to the limits noted above, one video rental and sales use may be located in Building D, with a gross floor area not to exceed 6,000 square feet. 7. Mitigation measures listed in the Traffic Impact Study for Marigold Center, pages 11-13, are incorporated by reference. 8. Applicant shall dedicate sufficient right of way to provide a 54-foot traveled way within a 75-foot right of way for Industrial Way east of the Broad Street intersection, to the approval of the City Engineer. 9. Developer shall pay for "Opticom" traffic signal control device at Broad/Industrial intersection. Developer shall pay for "Opticom" traffic signal control device at Broad/project entry driveway, if that signal is eventually installed. 10. Applicant shall pay sewer hookup fees as required by City ordinances. The applicant shall pay Rockview/Tank Farm Road sewer lift station fees in the amount of$6,709 prior to issuance of a building permit or final map approval, whichever occurs first. 11. Noise Mitigation Measures i. A continuous noise barrier shall be provided along the common property line between the project site and adjoining residential property to the east. Barrier shall consist of a grout-filled block wall and/or earth berm, and shall be at least 8 feet in Height as measured from the residence side. ii. Heavy truck deliveries and trash pickups shall be prohibited between the hours of 10 pm and 7 am. iii. Residences on adjoining site shall be constructed to meet the following standards: a�� — 1 _ Ordinance no. (1993 Series) Planned Development Rezoning PD 191-92 Page 3 a. At least 250 square feet of useable, noise sheltered open space shall be provided with each residence. Open space shall be private, directly accessible from the residence, and shall have a minimum dimension of 10 feet.in every direction. b. Residences shall be constructed to provide a noise level reduction (NLR) of at least 30 dB on north, west, and south facing walls. C. Residences shall be limited to one story in height. d. Exceptions to requirements a-c above may be made on a case-by- case basis by the Community Development Director, upon certification of an acoustic expert that alternative site-specific mitigation measures have been incorporated into the design of a particular residence which render the other mitigation measures unnecessary. iv. All mechanical equipment shall be installed in compliance with standards_ from Chapter 9.12 of the Municipal Code, Noise Control Regulations. 12. Applicant shall comply with PM-10 mitigation measures during construction, as approved by APCD staff prior to issuance of grading permits by the City. 13. Applicant shall comply with construction emission mitigation measures included in the BSAEIR (see pages 2-23, 2-24). 14. Applicant shall comply with vehicle emissions mitigation measures included in the BSAEIR (see pages 2-24, 2-25).. 15. Applicant shall install lockable bicycle lockers for use by project employees, in locations convenient for employee use. 16. Applicant shall provide a bus turnout and transit shelter on the site. 17. Applicant shall comply with the Interim Archaeological Survey Procedures prepared by the City's Cultural Heritage Committee (attached) prior to and during the construction phase of the project. These guidelines require: a. Completion of a surface survey by a qualified archaeologist approved by the Community Development Director prior to commencing construction activities on the site. �/3 Ordinance no. (1993 Series) Planned Development Rezoning PD 191-92 Page 4 b. Halting of construction activities if archaeological resources are discovered during construction. C. Implementation of a preservation plan prepared by a qualified archaeologist and approved by the Community Development Director if significant archaeological resources are discovered. 18. The preliminary development for the planned development is approved subject to the mitigation measures noted above, and subject to the following additional conditions: a. An exception to the fence height regulations is approved to allow a 10-foot high screen wall/fence near the Tank Farm Road frontage of the site, subject to provision of an 8-foot setback from the property line. b. Landscaping, building design and site plan details shall be to the approval of the Architectural Review Commission. 19. Except as otherwise noted in this ordinance, all regulations for the C-S zone shall apply. 20. The types of uses allowed or conditionally allowed shall be as provided in the list submitted by the applicant (Exhibit A, attached), as modified by conditions Nos. 5 and 6 above, and as noted below: The following uses normally allowed in the C-S zone are prohibited: - Auto Repair and Related Services - Carwashes - Retail Sales - Tires and Batteries - Service Stations 21. The applicant shall initiate a trip reduction plan approved by the Community Development Director. The applicant shall create a property owners' association which shall be empowered and required to implement the plan on a continuing basis. 22. Applicant shall pay a traffic mitigation fee, if applicable, in an amount to be approved by the City Council. 23. Applicant shall pay $56,000 as the project's total contribution toward the Broad Street Annexation's EIR mitigation measures, prior to issuance of a building permit or final map approval, whichever comes first. Project specific mitigation measures, such as the Industrial Way traffic signal, are not included as a part of this contribution. /1 Ordinance no. (1993 Series) Planned Development Rezoning PD 191-92 - Page 5 24. Construction of the buildings and site improvements may be phased, in accordance with a phasing plan approved by the Community Development Director as part of the PD final development plan. 25. Applicant shall install necessary public and/or private sanitary sewer mains and services in accordance with City standards, to the satisfaction of the City Engineer. 26. In conjunction with the traffic mitigation measures identified in Condition No. 7, the applicant shall provide traffic signage and delineation plans to the approval of the City Engineer and Caltrans. Plans shall be prepared for existing roadway 300 feet north and south of the project site on Broad Street; Tank Farm Road to just east of Poinsettia intersection; and Industrial way from 100 feet east of the project site to future intersection with Prado Road extension. Plans shall include the proposed and existing signal locations and proposed and existing street lighting. 27. Applicant shall pay $18,014 water line reimbursement fee to Southern California Gas Company for pro rata share of Industrial Way water main extension, as required by prior Council resolution. SECTION 2. A synopsis of this ordinance, approved by the City Attorney, together with the names of councilmembers voting for and against, shall be published once in full, at least (5) 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. Ordinance no. (1993 Series) Planned Development Rezoning PD 191-92 Page 6 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: Mayor ATTEST: City Clerk APPROVED: *idto e B.Architectural Review Required. All requests shall Cha ter 17.'? receive architectural review in accordance with the adopted M A916D f6 architectural review commission ordinance and guide- USE REGULATION lines. The director shall determine, upon receiving complete application,whether the project is declared Sections: minor or incidental,or shall be forwarded to the archi- tectural review commission for review. - 17.22.010 Uses allowed by zones. - C. Application Contents. All proposed second unit requests shall be by formal application for administra 17.22.010 Uses allowed by zones. tive use permit and architectural review. Uses within zones shall be as provided in the following D.Additional Requirements. chart Symbols shall have these meanings: 1. Owners Agreement with the City. The owner shall A - The use is allowed; enter into an agreement with the city, on a form ap- D - If the director approves an administrative use proved by the city attorney,agreeing that the property permit as provided in Sections 17.58.020 through will be owner-occupied. If owner occupancy is not 1758.080,the use may be established; possible,then the use will terminate,and the structure PC- If the planning commission approves a use permit will be returned to its original condition to the•satisfac- as provided in Sections 175&020 through 1758.080, tion of the director. the use may be established; AID-The use is allowed above the ground floor. If the Property owners receiving approvals for second units director approves an administrative use permit,it and establishing the use pursuant to this section shall may be established on the ground floor. also agree to reimburse the city for costs of all necessary enforcement actions. See also Section 1736.030 concerning uses which may be established within public schools. 2.Recorded Agreement Affecting Use of Property. The applicant shall submit an agreement that will provide Listed uses are principal uses. -Accessory uses are al- constructive notice to all future owners of theproperty, Iowed with principal cues. _.- of the use and owner occupancyrestrictions affecting the property. Upon approval of the administrative cue Drive-through facilities are not allowed fru arty zone. permit and architectural review,the applicant shall prepare the final copy of the agreement for the directors review Where manufacturing is aLowed,incidental sale of items in aformsuitableforrecordingintheofficeofthecounty made on the premises is allowed. When sale ofa particu- recorder. lar type of item is allowed,craftsman-nrpe production of such an.item for sale on the premises is allowed. E Appeal. Appeal procedures for this section shall be the same as set forth-for administrativeuse permits as Tlieseregulations are intended topermitsinilarrpesof defined in the city zoning regulations. (Ord. 1004- I uses within each zone. The director, subject to the (pan),1984: prior code-99.10) appeal procedures of Chapter 17.66, shall determine whether uses which are rot listed shall be deened 11- 17.31.060 Periodic review-Violations. lowed or allowed.subject to use permit approval in a certain zone. This interpretation procedure shall not be A. Periodic Review. Use permits shall be subject to -used as a substitute for the amendment procedure as a review after the first year and each three years thereafter. means of adding new types of uses to a zone. It shall be the responsibility of the property owner to initiate the review and pay applicable fees. Special notes, indicated by number in the following chart,may be found at the end of the chart. B.Violations. Violation of any of the provisions shall be O basis for revocation of the use permit in accordance with C per 17.72. (Ord.1004-l(part),1984: prior code: \' J� 1/24/a 2 41 Table 9-Uses Allowed by Zone R-1 JR.2 I R-3 I R41 CIOS I Otr PF I C-IN I C-C I C-R I C-T LC--V M Advertising and related services(graphic f design,writing,mailing,addressing,etc) A I I-AID I A ( I-AI D Agriculture-grazing and outdoor crops A A I A Agriculture-greenhouse culture, livestock feeding PC Airports and related facilities I III I PCI I I PC Ambulance services I I I PCI I I PC L A I D Amusement arcades(video games,see Chapter 552,Electronic Game Amuse- ment Centers) PC ID D D Amusement parks,fairgrounds I I I I I PC Animal hospitals and boarding I I I I I D Animal grooming A A I I D I Antennas(commercial broadcasting)' I I I I PC I PC I I I I I D Athleticand health clubs,gymnasiums, I I I I ( I I I I I fitness centers,tanning centers D PC D PC II PC PC Athletic fields,game courts I I I I I PC PC PCI D PC Auto dismantling,scrap dealers, I I A recstling centers I I I I Auto repair and related services(body, brake,transmissions,muffler shops; painting,etc) D A A Auto sound system installation I I I I I I Dr I DI-- I A I A Banks and savings and loans;wtn tw I I I I I A I I Al I A A I p F. PGFFIC11 M Bars,taverns,etc(see Nightclubs) I ( I D I D I D I D X D Barbers,hairstylists,manicurists, I I I I I tanning center A I A I A I PCI D I Boarding/rooming houses,dormitories (See also Chapter 17.20) PC I D I I D I D I Bowling alleys I I PC I PCI D I PCI PC Broadcast studios I I A I A/D A A A A-Allowed D-Dircctoesapproval required PC-Ptanningcommissionapproval required A/D-Director's approval on ground floor allowed above \ 11e director shall determine it a proposed.unlisted usc.is similar to a listed use Numbered notes are at end of chart. 11/i41g2 Table 9-Uses Allowed by Zone 114 R-2 R3 R-41 CIOS 1011 1 PF I C-N I C-C I C-R I C-T I C-S I NI Building and landscape maintenance I _ { services 11 AID A -A Bus stations I I I PCI A I Cabinet and carpentry shops Caretakers'quarters I A A I A I A I A I A I D I D I D I D I A D I D Caln ash-mechanical I I I I I PCI D I D Cam-sh-self-service I I I I I I I D I D PCI I A I A Catering services I III I I I I A I I A I A Cemeteries,mausoleums,columbariums PCI PC PC PCI PC I PCI PCI PCI PCI PC I PC x PC Christmas tree sales{see Section 17.08.OIOD) I I I I D DID I D I D I DID ID I D Churches,synagogues,temples,etc I PC D I D D I I A I D I D ( D I A Circus,carnival,fair,festival,parades (see Section 17.08.O10E) I I I I D IDI DID' DID D D Computer services I I I I I A . IAID I A I I A I D Concurrent sales of alcoholic beverages and motor fuel(see Section 17.08.100) I I I D I 1 D I D Construction activities(see Section 17.08.010G) A A A A A IAIA A AIAIA A Contractor's yards I I I I I I I A Convalescent hospitals ( I PCI PC D I PCI PCI I IDI Convents and monasteries I I PCI A A I I D_ I L Credit reporting and collection I I I I A I I I�.I_ A I A 'Cledirunions and finance companies I I I I I I A I I I A A Delivery and private postal services I I i I I D I I I A I I A A Detective and security services I I A M A I A I D Drive-in theaters III I I ( PC Dwellings A= I A A A I A I A3 A/D A/D A/D D A-Allowed D-Direetoes approval required PC•Planninyeommission approval required ND-Dirw.oPs approval on ground floor,allowed above The director shall determine it a proposed,unlisted use is similar to a listed use.Numbered nota are at end or chart. M 4, EXHIF.Bj� a Table 9-Uses Allowed by Zone R-1 R-2 R-3 I R-41 C/OS I oil PF �'-N C-C C-R C-T C-S ( M Educational conferences(see Section 17.08.010I-I) D D D D 1 EIectronic game'amuuement center, I I PC PC PCI PC Employment agencies ( I I I A D IA/D I A Equipmentrentalrental I I I I I ( I I I I A A_ Exterminators and fumigators I I I III ( I A Feed stores and farm supply sales I I I I I I I I PCI ( A A_ FlOri�Ls;I.UOXOMD Wt;iu.4 2s'1e - I I A I A I A _ 'r Fraternities and sororities I I PCI PC I I I I Gas distributors-containerized(butane, propane,oxygen,acterylene,etc) I I ) A Government agency corporation yards I I PC I I ) I X1 A Government agency offices and meeting rooms I I I I I IPC D I DID High occupancy residential use I DID Home business<see Section 17.08.040) Homeless shelters(see Section 17.08.110)I I I PC PC PC PCI PCI PCI PC PC PC Hospitals I I ( PC PCI I I I . :: _ Hot tubs=commercial use I I I I I I PC4 I PC I PC I D I PC I PC Insurance service-locaI I I I I A I I I I I A Insurance services-regional office I I I I IA/D I A I Laboratories(medical,analytical) I I I PC I I A I A I A -- Laundry/dry cleaner -cleaning plant A A -pickup point A A A PC A A -self-service A A A PC D Libraries I PC I A' D I A A-Allowed D-Dirssofsapproval required PC-P(anaingmmmissianapprovaircqui'red AID-Director's approval on ground ttoor•allowed above The directorshall determine if a proposed.unlisted use is similar to a listed use Numbered notes are at end or chart. 4.4 -S1 Table 9-Uses Allowed by Zone R.I. I R-2 R-3 R-41 CLOS. 011 PF C-N I C-C C-R C-T C-S bS Manufacturing-food,beverages;ice; _ apparel;electronic,optical,instrumen-- Jtation products;jewelry; musical instru- ments;sporting goods;art materials A Manufacturing-basic metals,chemicals, - building materials,fabricated metals, - textiles,paper and cardboard;machin- ery,transportation equipment PC Mineral extraction(see Section 17.08.020) PC( PC( PC PC PC PC PCI PC PCI PCI PC PC Mobile home parks PCI PC PC PC I I I I I Mobile home as construction office(see I I Section 17.08.010C) D D D D D I D D D D D D I D I D Mobile homes as temporary residence at building site(see Section 17.08.010F I A T A A I A I A. I A I I A III Mortuaries I I I D D I A Motels,hotels,bed and breakfast inns I I I I I I I A A I A L Museums I PCI I D .1 A 1 _. � Nightclubs,discotheques,etc(see Chapter 5.40,Adult Entertainment - Establishments) D D D Offices(contractors)-all types of general and special building contractor's offices '' I A -IA/D I-A ( Office's(engineering)engineers and industrial design I A AID A I Dto 10 ^t. - ToruETrw Offices �t�Lp (aatt�otorneys archi= p 1GCLS COtlnS, r53.tq.14 1�G I s NO accountar��s,tnvestment brokers,reactors, apoiYd`uei5 �sE eieeego z000 s.R A AID A x to Organizations(professional,religions, political,labor,fraternal,trade,youth, etc)office's and meeting rooms D D A D A/D A D Parking(as a principal use) PC"I D" IPC"I D" I D" Parks A A A A D A I D I A A A I ` Pharmacies-'Wcw0E0 6%Tt4%4 A A A A n fi� e., A-Allowed D-Directoe3apprvralrequired PC-Planning000smisticnapprova!required AID-Director'sappmralonground floor allowed above 'nc director shall dcterminc if a proposed,unatcd use is similar to a luted use.Numbered notes ate at end of chart. 11/2 y q Z 45 Table 9-Uses Allowed by Zone R-1 R-2 R-3 R-41 CIOS 1011 PF C-N I C-C C-R C-T C-S b1 Photocopy services; quick printers A I A A/D A A A Photofinishing-retail A A A PCI A I Photofinishing-wholesale-,and blue- --- printing and microfilming service PC I A I A: 1 I Photographic studios I I I A I A I A PCI D Police and fire stations and training facilities I I I I I PCI I I I ...� Pool halls,billiard parlors,etc I I I I I I I PC I D I D I D I i Post offices and public and private postal services -under 2,000 square feet gross floor area per establishment PC D A A A 2,000 square feet or more gross floor area per establishment PCI A A I I A I I I I Printing and publishing I I I I I I D I D I I A T A Produce stand(incidental sales of items I f I I I I I produced on the premises I. I I I D I Public assembly facilities(community meeting rootrs,auditoriums,convention/ exhibition halls) PC D D D Railroad yards,stations,crew facilities I I I I I I p' Refuse hauling,septic tank and portable I I I I I A toilet services I I I I I Repair services-household appliances, I I I I D A A I IA I A locksmiths,saw sharpening,shoe repair Residential rare facilities-6 or fewer I residents I A A I A A I A I A I JAJDJAJD I A/D I D Residential care facilities-more than 6 residents I PC PC D I PCI PCI I D Restaurants,sandwich shops,takeout I IA I A I A I A I D food,etc iI I - IT 1 1111 . 11 , A-Allowed D-Directoes approval requited M-Planningeommission approval required A/D-Dice toes approval on ground door allowed above The director shall determine if a proposed,unlisted use is similar to a listed um Numbered notes are at end of chart. 1'/Z46 y/9Z EXHIONIT 0201 - i Table 9-Uses Allowed by Zone R-1 R-2., R-3 I R-4 C/OS 1 Ou PF (C-N C-C C-R C-T C-S] Ai Retail sales-building and Iandscape mat- erials(lumberyards,nurseries,floor and wall coverings,paint,glass stores,etc) D A A A Retail sales-appliances,furniture and _ furnishings,musical instruments;data processing equipment,business,oface and medical equipment stores;catalog stores;sporting goods,outdoor supply A A D Retail sales and repair of bicycles I Ag A A I A PAtfiillialat*aad rental-autos,Mo, f aa;a;cyskr, FV I's T7D I I A }P C Retail sales-auto parts and accessories except tires and batteries as principal use I I I I IID A I I A IPC Retail sales-tires and batteries I I I I I I I A I I A PC Retail sales and rental-boats,aircraft, mobile homes I I I I I I I I PC Retail sales-groceries,liquor and ` specialized foods(bakery,meats,daily items,etc) A A A PC I a Retail sales-general merchandise(drug, hardware,discount,department and variety stores) - 15,000 square feet or less gross floor area per establishment A A F, I A - 15,001 to 60,000 square feet gross floor area per establishment PC A A -more than 60,000 square feet gross floor area per establishment PCI DPC Retail sales and rental-specialties(shoe stores,clothing stores,book/record/ videotape stores,cov stores,stationery stores,gift shops 1-Amp- Al-CA(_t rsdY-Z0 Is lX a.- Aa A A Mnw- CO Schools -Nursery schools,child day rare PC PC D D A D D D D D -Elementary,junior high,high schools; schools for disabled/handicapped PC PC D D D D -Colleges/universities D A-Allowed D-Diroctor's approval required M—Planning commission approval required AID-Rirtzoes approval ortground floor,allowed above The director shall determine if a proposed,unlisted use is similar to a listed use Numbcssd nota are at end or chart 47 p{-�3 EXHT . I Table 9-Uses Allowed by Zone R-1 I R-2 I R-3 I R-41 C/OS.. .011 PF C+N I C-C I C-R C-T I C-S I M" -Business,trade,recreational,or other specialized schoolsPC A/D A Ds. — -Boarding schools and academies PC PC -! Secretarial and related services(court reporting,stenography,typing,telephone answering,etc) A A/D A D Service stations(see Section 17.03.030) I I I D D I D I A I A Skating rinks I I I I I I PCI — I PC I D PC Social services and charitable agencies I I A I D D A A I I I Stadiums III I I I PCI I I I PC Swap meets I I IPC Swimming pools(public) I I I I I I PC I I PC I PC Tallow works I I I I III I I I I PC Telegram office I A I I A I A I I D Temporary parking lots(see Section 17.08.O10D Temporary real estate sales office in tract I (see Section 17.08.010B) D D D D it II Temporary sales(see Section 17.08.O1On I I ( D I D I D I D I D I D Temporary uses-not otherwise listed in 11 Section 17.08.010K I D D D D D D D D I D f D D D 'D Theaters(see Chapter 5.40,Adult Entertainment Establishments I I IPC16IpC1+I D I D Ticket/travel agencies I I I I 'A I I I A I A I PCI D Tire recapping I I I I I I I I ( A Tille companies I I A A A I I Trailer rental I I I D I X A Truckingitwd service I I I ( ( I A Utility companies -Corporation yards PC A A-Allowed D-Director's approval required PC-Plannal on ground floor,alloumd a The director shalldctcmine if a proposod,unlisted use is similar to a listed use Numbered nota arc at end of than. I/#q, 4 02 a2h� WRIT i Table 9-Uses Allowed by Zone _ R-1 R-1 I R-3 I R-41 C/OS 10 1"PF C-N C-C C-R C-T C-S] bi -Customer account services (bill paying and inquiries) A D -Distribution and transmission facilities- see Section 17.08.050 -Engineering and administration offii= A/D A- D -Payment drop points A A A p Vending machines (see Section 17.03.080)1 11 1 1 A A I A I A A I Veterinarians 11 AI A` I I D Warehousing,ministorage,moving company I I I I A P nY Water and arastevvater treatment plans I I I I I I PCI I I Water treatment services I I I I I IA Wholesale and mailorder houses PC I I A 1 A Zoos III I I PC I I III A-Allowed D-Directoesapproval required PC•Planningmmmisston approval required A•D-Directoriapproval onground floor,,allowed above The director shall determine if a proposed,unlisted use is similar to a listed use.Numbered notes are at cnd of chart. 49 Exff iT Notes: 1.In the C-N zone,only branches of banks are allowed-no headquarters. 2.Except for condominiums,the development of more than one dwelling on a land parcel in the R-1 zone requires approvai of an administrative use permit. R-1 density standards apply. 3. In the O zone, dwellings on a site occupied by residential uses only are allowed. Dwellings on a site with nonresidential uses require approval of an administrative use pertnit. 4.In the C-N zone,hot tubs/spas for commercial use must be enclosed. 5.In the M zone,schools are limited to those offering instruction in fields supportive of allowed uses. 6.Ia the O,C-C and C-R zones,animals at veterinarian's facilities must be kept within a building. 7.In the C-N zone,branch libraries only are allowed. &In the ON zone,the following types of uses are allowed provided that(1)the gross floor area of each establishment shall not exceed two thousand square feet and(2)the combined floor area of such establishments within a shopping center,or on a parcel which is not in a shopping center,shall not exceed twenty-five percent of the total floor area: -retail sales and repair-bicycles; -retail sales and rental-specialties. 9.In the C-T zone;carwashes are allowed only in conjunction with and incidental to servicestitions,and provided that no other car wash is located within 1000 feet of the site. 10.Large professional office building which can include multiple tenants but with no single tenant space less than 2,500 square feet maybe established in the C-S and zones subject to the approval of a Planned Development(PD) zoning application and compliance with findings specified in Section 17.62.040 C However,this provision notwith- standing,the following types of office-related uses are prohibited in PD's approved for C-S and M zones: Banks,real estate offices,financial institutions,medical clinics,doctor's offices,and lawyer's offices. -11.An administrative use permit is required for the construction of nonresidential structures or the conversion of residential structures to non-residentiai uses in the 0 zone. In order to approve a use permit the director must make each of the following findings: A.That the location,orientation, height,and mass of new structures will not significantly affect privacy in nearby residential areas. B.That the project's location or access arrangements will not significantly direct traf,5cto use local streets in nearby residential areas. C That the project includes landscaping and yards that adequately separate parking and pedestrian circulation areas from sites in nearby residential areas. 12.In the C-Cand C-R zones,use permit review ofautomobile sound system installations should include consideration of the following items: parking space displacement,noise from the operation,and appearance. Use permits may be approved only when the use is accessory to a retail sales operation. 13.Where parking as a principal use is allowed,deviations to existing setbacks and building heights are permitted upon approval of a use permit as required by Section 172010. All multi-level parking facilities shall require the approval of a use permit by the Planning Commission. 14.Theaters is the C-N zone shall be limited to 4,000 square feet in size,a single screen,and restricted to shopping center sites in the zone(See Section 17.04371). 10 50EXI 13 � -#I GRANTING APPROVAL RESOLUTION NO. (1993 Series) _. A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 2133 LOCATED AT 3950 BROAD STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findin s. That this council, after consideration of the tentative map of Tract 2133 and the Planning Commission's recommendations, staff recommendations, and reports thereof, makes the following findings: 1. The design of the subdivision and proposed improvements are consistent with the general plan. 2. The site is physically suited for the type and density of development allowed in the C- S-PD zone. 3. The design of the subdivision is not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 4. The design of the subdivision will not conflict with easements for access through (or use of property within) the proposed subdivision. 5. The proposed project has been granted a negative declaration of environmental impact based on various mitigation measures being incorporated into the project, as identified in the ordinance approving Planned Development Rezoning PD 191-92. SECTION 2. Conditions. The tentative map for Tract 2133 is approved subject to the following conditions: 1. Subdivider shall obtain approval of rezoning application PD 191-92. 2. This vesting map shall confer a vested right to proceed with development in accordance with the ordinances, policies and standards described in Section 66474.2 of the Subdivision Map Act, and including all provisions of the ordinance approving Planned Development Rezoning PD 191-92. Environmental impact mitigation measures identified in the ordinance approving Planned.Development Rezoning PD 191-92 shall be conditions of approval of this vesting tentative map. 3. Subdivider shall dedicate vehicular access rights along Broad Street, except for one driveway located as shown preliminary development plan for PD 191-92. Resolution No. (1993 Series) Tract 2133 �) Page 2 4. Subdivider shall provide common driveway and parking easements and agreements to the City for approval and recordation. Agreements shall be consistent with the preliminary development plan for PD 191-92, and in a form approved by the Community Development Director. 5. All boundary monuments, lot corners and centerline intersections, etc., shall be tied to the City's control network. At least two control points shall be used and a tabulation of the coordinates shall be submitted with the final map. A 5-1/4" computer floppy disk, containing the appropriate data for use in autocad for geographic information purposes, is also required to be submitted to the City Engineer. 6. Subdivider shall pay any applicable transportation impact fees adopted by the City Council, which are anticipated to be adopted on or about July, 1993. 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. Mayor ATTEST: APPROVED: City Clerk it tom r , ' DENYING APPLICATION RESOLUTION NO. (1993 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING PD REZONING APPLICATION PD 191-92 AND TENTATIVE TRACT MAP APPLICATION TR 2133 LOCATED AT 3950 BROAD STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION L. That this council, after consideration of Rezoning Application PD 191-92, the tentative map of Tract 2133 and the Planning Commission's recommendations, staff recommendations, and reports thereof, denies both applications based on the following findings: 1. The proposed planned development rezoning is not consistent with Land Use Element policies for service commercial uses. 2. The preliminary development plan fails to provide an adequate buffer between proposed commercial uses and adjoiniong residential uses. 3. The design of the proposed subdivision and improvements are not consistent with the General Plan or Zoning Regulations. 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. Resolution No. (1993 Series) Tract 2133 Page 2 ATTEST: MAYOR PEG PINARD City Clerk APPROVED: it tto y J 0?-30 t o �- r _ 0 CUTT `ORCUTT .ao ww soo -,000 r..— L.—.—._.—._. �. i O � �Q Q. ANx FARM TANK FARM RD. 1 o 0 FF£7 1000 2900 3000 ' 09 Oq O AIRPORT 0 rY'CV VICINITY MAP R 191-92 NORTH 3950 BROAD ST. A-i •) � I U m F� ni IOI IdI (` II� [ S' ' ' �1 ''r,�• .�� c"' i utt tllittniti.; I,�i� If_.. , • iii 1� =1 F: �. E 0 r a ' �tlei 11 J i iT i Z � - ,;�i 'gl;ulls 9i -�+i - i`'F•�li, Is`+ �' � •(( I � \U I uZi�d • ! X 11111111 �{ '`I � � y _ ���• . pAo•ioul\ I� UTIII II 7 I 'G• IIILtirvG•. •nl! i III ! �"'"0 I� ° 'j - ,� m� i i iall!lll,i�lll i ill l'l ii�i�l 111 i ill I H it ll n ! � i �� ' Glx!Ir'.r"9 "'UIiYi111i4 !� � � �- � ' • III }�I IIL I!m'I II nnl'I!11 � i i : ` i'. •ut 11111� I I I I i I l l �:rs-_._� _ �-I ;C I n luf�,Illul �lauau! i1 IIIA hill- lfll dupl;114 LI Vl IIIII' i - /ae� ` // `• I 11i ,I (_hiiln111IIn4nlO��Ultlll�5l�l•!+i•1 _ L_ c 77p 11111 }1111�i - ;IFV ' ro IF 1 ->BhT ntl ?non lJli'i!_lili 1,Iv' IjU I!b1Jju1 (�Il;lle �'1 e5iN_I!nn�ili1Tnlnio o•llllllillll 4ul�tlllbubul Ilbll I�11 � ,_ illi '. 1 I '. �I=illnllill llni� UIiili HT-1. ` , '` •�, Fi ji , ,II � IILi__�____ '"`__� -oat_—__—__ �.•.^'' I ! }---•-----—— ——— — ——'— •�.—•—AYM 9vtx.LsnON1 .—.—.—.---•—.---.J I �—�_ - fit _ .• __ _ _ --_.' - � �,__�-- _ _ _� �a If I I t i j i � N j 1Vi,1131 11111 i .• a! Z i! f 4 = : f:lii7 iEfie•6°35 Fts s Q a (e'::�2t�{�, Fw�iSt2 '_: 3 11310 .•—r V 3 � a .. Y� F• ki ��r�T :.—twin-- ttty �' .r• •� 1• - L Zi I a •�� . sts " �,�\\ �� I el � �:2� I i ; EEQ-+ Imo• I •1 O�J{OO� kl I I _ m tY.. I I = I ,1 li I � 11 �• I I .{� N � Y I I ' i I I I L �I s I I S I!- I I I �+ f...).... -1 r I ell I I JU J 11 t ,��••/�', kl O p __ __ H -��_- � 'mss j I� 1 c0 li g CV IR I a 7 I I �- iI •I _ ! j�•II I ' I 1 { la + � ' 1 / �� tl S\`� ■ 'l 'I i O .l o '000' . R R N1 D E 5 1 G N G R O U P RECEIVED � � -I)ir:aaturr April 23, 1993 APR 2 31993 CITY OF SAN LUIS CeISPO Mr. Barry Karleskint, Chairman COMMUNITYDEVELOPNEVT Planning Commission City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 RE: MARIGOLD CENTER, PLANNED DEVELOPMENT FINDINGS Dear Chairman Karleskint: I have prepared this letter in order to provide background to the Planning Commission regarding Marigold Center and to address the findings required for the "PD" Planned Development zoning suffix being requested. Background Marigold Center is proposed on approximately 17 acres of land which is comprised of 3 existing parcels. The individual parcels consist of two 6 acre parcels (Jones property) and one 5 acre property (French property). Marigold Center does not include a strip of land approximately 100 feet deep which fronts along Poinsettia Street and is designated for residential lots. The Marigold Center property was recently :,anexed to the City and zoned C-S-S. Marigold Center does not include the boat yard property which was investigated but which is not reasonably available. The request for "PD" zoning was made after filing an initial request for C-S-MU zoning. The applicants considered for several months which designation to pursue and held several meetings with City staff to try and understand the pros and cons of both. The decision to seek "PD" zoning was based upon the following primary factors: 1. The administrative burden of use permits for each use whicn appears to be a requirement of the "MU" zone, and 2. The fact that off-site housing is seen by the applicants and major tenants as more appropriate than on-site housing which appears to be a significant consideration of the "MU" designation. As we expressed to staff on several occasions, and to which they agreed, these zoning designations appear, on the surface, very similar and either could probably be appropriate. The major tenants of the Cente* are proposed to be a Williams Bros. Market (Bldg. G), Orchard Supply Hardware (Bldg. M), and a third major, hopefully a drug store (Bldg. J). Agreements are in place with Williams Bros and Orchard Supply Hardware. Orchard Supply Hardware has been seeking a site in San Luis Obispo for over 4 years. The existing Williams Bros store on Broad Street will close upon the opening of the new store in Marigold Center. The site of the existing Williams Bros store will also be rezoned. Another significant tenant is in progress with commitment for building "D", Blo,,*buster Video. w..Smdt Htc'n ra>trett.j,in Lws Obi sp..,Coliiorm.t.i;.lui ,$jc vyt-t,-y.y I n: - tttF. ;trcvr mo,!e,n,Churn t.t�;t:; >v G;y[;gi - y dpi Mr. Barry Karleskint Page 2 April 23, 1993 Marigold Center will widen and improve Broad Street and Industrial Way, including signalization of the Broad Street/Industrial Way intersection. The project will include a bus tum-out and bus shelter on Broad Street. It will be accessible for both pedestrians and bicyclists from the adjacent neighborhood. Marigold partners sponsored a neighborhood meeting at the City/County Library on March 25, 1993, inviting approximately 1,000 residents. We reviewed the project and asked for comments regarding the project. A major existing topic of concern to the neighbors is traffic speed and pedestrian safety when crossing Tank Farm Road. Marigold Center is proposed to be subdivided to accommodate purchase of store sites and parking by the major tenants. Parking is shared via easement and CC&R's. Management coordination is accomplished by CC&R's and development agreements. The following is a description of the findings for the "PD" designation of Marigold Center. This evaluation addresses a total of 11 criteria outlined in Section 17.62.040 A. 1-6 and C. 1-5. The first set of findings A. 1-6 are general in nature. The second set of findings C. 1-5, although seemingly written to address large scale office uses,seem to be more appropriate for judging Marigold Center which is a commercial project. The fundamental purpose of the PD request (or MU as an alternative) is to remedy the problem that the C-S zone does not appear to accommodate the 3 anticipated major tenants -- a grocery store, drug store, and Orchard Supply Hardware. It does not appear that the CN zone would accommodate these uses either depending on the use definition of Orchard Supply Hardware. In addition, General Plan policies may preclude C-N centers in excess of 5 acres. However, the City has approved centers in this zone in excess of this size limitation. The flexibility for uses within the PD designation can resolve these issues and accommodate the proposed mix of commercial uses. Marigold Center replaces a center approved by the County at the site of the existing Williams Bros Market. Marigold Center will provide a superior location, superior planning, superior traffic logistics, superior mitigation, and a superior mix of uses to serve the nearby residential areas. Planned Develooment Findings: A.1. Marigold Center proposes a mix of uses tailored to serve the needs of a new neighborhood of the City (Edna/Islay ±1,100 homes) which presently does not have adequate or convenient facilities available. It will also serve the existing country Club and Rolling Hills area (±800 homes) which does not have commercial services available. Marigold Center will provide superior accessibility to nearby residents in comparison to the County approved center. A.2. Not applicable. i I ' Mr. Barry Karleskint — Page 3 April 23, 1993 A.3. Marigold Center has offered a gift of $100,000 to the City Housing Authority. The applicants have discussed the pro's and con's of on-site and off-site housing contributions. In discussion with the Housing Authority staff and Board, the applicants, as well as the Housing Authority, determined that a gift to the Housing Authority would provide a more needed housing type, family units, than on-site housing likely to be occupied by single tenants. Presently, the City has no ordinance requiring commercial development to provide fees or housing mitigation. A.4 The proposed project exceeds City setback standards by 3-4 times along the Broad Street frontage, providing a generous landscape appearance. Both pedestrian and bicycle access is provided into the Center from the adjacent residential area. The project architectural design is compatible with the immediate area and Edna Valley entry to the City. The Center contains covered canopy walkways and public seating/relaxation areas as a part of the project design. The project includes public transit as a part of the Broad Street improvements. ARC schematic approval was granted on March 1, 1993. A.5. Project landscape irrigation is proposed to be by groundwater with drought tolerant landscape. Energy systems will meet or exceed California Title 24 requirements. The project is expected (per Broad Street annexation EIR) to reduce vehicle miles traveled and hence reduce energy consumption by nearby residents seeking services closer to home. The project also includes public transit facilities (bus stop and shelter). A.6. The project provides generous landscape areas along the Broad Street frontage, a major entryway to the City. C.1. The project is compatible with other land uses in the area and includes mitigation measures to buffer from adjacent residential use to the east. C.2. The project access is directed primarily to Broad Street which is an arterial. Access is available on Tank Farm Road (also an arterial) in order to provide convenient access to nearby residents. A professional traffic analysis performed on the project indicated mitigation measures needed which are incorporated into the project description. No vehicle access is proposed on to residential frontage local streets. C.3. The project includes all of the design measures listed in this criteria to buffer the residential area to the east. C.4. The project is primarily commercial, although limited (7,000 s.f.) locai.serving office uses are proposed. The uses are limited to less than 2,000 s.f. individually,7.000 s.f. in aggregate and represent ±4% of the total Center. C.5. C-S zoned land exists as a very large portion of the City inventory of vacant land. Marigold Center replaces a previously approved center which is also zoned C-S and will remain available for C-S uses in a more suitable location than the Marigold Center site which is well suited to the proposed commercial use. Mr. Barry Karleskint Page 4 April 23, 1993. In summary, Marigold Center is well sited for the proposed uses to provide services needed by nearby residents. The "PD" suffix allows a mix of uses which does not appear to be accommodated by any single appropriate, commercial zone. Marigold Center will be superior to the center approved by the County and inherited by the City. Major tenants are committed to this project and anxious to provide facilities needed in this area of our community. Marigold Center incorporates recommended mitigation measures well beyond the minimum standards and gives back to the community as a good neighbor. Please don't hesitate to contact me if you have questions (543-1794). Sincerely, RRM DESIGN GROUP Z�l 2 Victor A C ' Ex tive f er J Ross tti oe Prisk m St art (Vons) Harry Fisher (OSH) G. Moylan, City Housing Authority G. Smith, City SLO Planning John Mack, RRM Chris Ford, RRM c/vm-marig.pc Major arterial streets through residential areas shall provide only limited private access or controlled street intersections, and adjoining residential use should be spatially separated or otherwise insulated from adverse noise and other traffic impacts. Residential areas should be protected from encroachment by detrimental commercial, industrial or agricultural activities, and existing incompatible uses should be abated or mitigated. Nonresidential uses which serve neighborhood needs (convenience shopping, schools, parks, day care centers, churches, lodges, and similar public or semipublic facilities) should, however, be considered conditionally compatible with residential environs, subject to evaluation of site development plans. h. All residential development proposals should be designed to achieve full use of special site potentials such as natural terrain, views, vegetation, creek environs or other features, and to mitigate or avoid special site constraints such as climatic conditions, noise, flooding, slope instability, or ecologically sensitive surroundings. They should be compatible with present and potential adjacent land uses. Designs for residential uses should include: provisions for privacy and adequate usable open space, orientation and design to provide shelter from prevailing winds and adverse weather, yet enable use of natural sunlight, ventilation and shade; provide pleasant views to and from the development; provide safety, separate vehicular and pedestrian movements and adequate parking for residents and guests; and sufficient provision for bulk storage, occasional loading and service or emergency vehicle access. 3. Commercial and Industrial Land Use Objectives The policies, goals and implementation measures outlined in Growth Management Objectives and in the Historical and Architectural Conservation and Public Facilities Elements related to commercial and industrial land uses should serve as general principles in the priority and review of intensity and design of commercial and industrial development proposals. Commercial and industrial uses should be developed in appropriate areas where the natural slope of the Iand is less than 10 percent. Commercial and industrial uses should have service access from the city's arterial and collector street system so as to avoid the concentrated use of residential streets for truck delivery and customer traffic. a. Neighborhood Convenience Commercial Policies 1. The city should support the concept of neighborhood convenience centers (2-5 acres depending on neighborhood size) whose service area will require shorter automotive trip distances and will encourage nonvehicular convenience shopping. 2.. Increased demand for neighborhood commercial facilities created by infill and intensification of residential areas should be met by making more efficient use of existing neighborhood centers and by expansion of existing centers into adjacent nonresidential areas. 3. The city should evaluate the need for and desirability of additions to existing neighborhood commercial centers as specific development proposals are made. Criteria for evaluating such proposals are: (1) Uses are in fact those which will serve nearby residents, not the community as a whole. (2) Expansion areas have access from arterial streets. (3) Expansion areas will reduce the area used by or designated for offices or service commercial uses and not areas designated for or used by residences. 4. New convenience centers within residential suburban expansion areas •should be permitted only when it is clearly demonstrated that population density and excessive commuter distances to existing facilities would warrant such a development. 5. Convenience commercial centers should have direct service access from the city's arterial and collector circulation system so as to avoid the concentrated use of residential collector or local streets for .....__.._ .__ truck delivery and customer traffic. 6. . Scattered, small-scale, convenience commercial stores within established residential neighborhoods may be retained where their operation has proven compatible with surrounding uses. Existing stores should be evaluated as to the conditions and character of their operations and encouraged to improve, where necessary, to better integrate with surrounding residential land uses. Where evaluations show compatibility and/or lack of market needs, the city should prohibit the intensification and/or expansion of isolated neighborhood commercial facilities and should provide for their long-term replacement with land uses typical of the surrounding neighborhood. 7. Scattered convenience commercial uses within retail or industrial districts should be consolidated to form more efficient convenience centers or relocated to more suitable sites adjacent to residential districts. g. Specialized retail stores, and recreational uses may be established within neighborhood commercial areas so long as (1) individually, their size would not constitute a major citywide attraction and (2) cumulatively, they would not displace more general, convenience uses. b. . Professional Office Policies 1. Professional office uses should be encouraged to develop in peripheral areas of the Central Business District and other - specialized centers such as medical complexes to (1) take advantage of close proximity to governmental and retail uses in the downtown, and (2) provide a transition between the heavily used central commercial core and surrounding residential neighborhoods. :...._._.. .6 2. Isolated office uses within residential areas or convenience -- commercial centers should be discouraged. Top priority should be given to infill of professional office development in areas adjacent to the Central Business District. Continued use and limited expansion of office areas outside the periphery of the Central Business District may be provided for only when such areas (1) have direct access from other than residential streets, and will not .require or encourage circulation of commercial traffic through residential areas, (2) provide transition between residential and existing commercial or industrial uses, and (3) are based on an established group of offices. Commercial or professional office uses locating in such areas should be limited to those with no close functional relationship to medical and legal-government-financial centers elsewhere in the city. Large professional office buildings which can include multiple tenants but with no single tenant space less than 2,500 square feet may be established in service commercial/light industrial areas subject to the approval of a Planned Development (PD) zoning application and compliance with criteria set forth in the zoning regulations. This last provision notwithstanding the dispersion of banks, real estate offices, financial institutions, medical clinics, and doctors offices, and lawyers offices throughout the city is prohibited. 3.- Where historic or architecturally significant buildings are located _ - in districts designated for office use, the city should encourage their long-term conversion and conservation rather than replacement. 4. -The city should review all requests for conversion of residential uses to professional office activities to ensure (1) their ability to adequately function as office uses, compatible with the surrounding neighborhood, and (2) the preservation of the historic and architectural character of the structure where such features are considered significant. 5. Professional office uses should be conditionally permitted within comparison retail commercial areas of the Central Business District and encouraged to utilize floor space above street level, thereby avoiding interference with or the reduction of valuable ground-floor retail activities. 6.- Primary access to professional office activities should be provided from commercial arterial or collector streets and should avoid the use of local residential circulation. 7. As an alternative to or as a transition in professional office areas, medium-density residential uses may be conditionally considered. 8. - .—Regional administrative and financial offices shall be considered as appropriate uses in certain comparison retail commercial areas and shall not be allowed to disperse to convenience shopping, service commercial/light industrial or professional office areas. 17 i � C. Comparison Retail Commercial Policies 1. The city should allocate sufficient land resources suitable for commercial use to enable the development of a "self-sufficient" retail sector serving the existing and future needs of San Luis Obispo. 2. The city should promote the expansion of existing commercial centers and prohibit the proliferation of new or scattered comparison retail locations. 3. The city should design appropriate land use and zoning controls which will direct commercial expansion and intensification into existing "underdeveloped" and/or committed commercial districts, avoiding intrusions into stable residential areas. 4. The city reaffirms its support of the central business district as an historic architecturally unique and economically essential part of the community. The city will promote the economic stability of the central business district. To assure its stability, other major areas in the city will not be rezoned for retail commercial use until a downtown parking program has been adopted by the city. The city will take an active role in encouraging the retention and expansion of county courts and administration facilities in the downtown. 5. The central business district shall remain the principal location for the greatest variety of comparison retail commercial activities in San Luis Obispo.. 6. The city encourages a whole range of comparison shopping in the central business district and at Madonna Road. Additional retail space at Madonna Road should augment the existing.shopping facilities. Development may be phased but would include a nondiscount department store and related shops which can intercept expenditures of county residents who now shop out of the county. Any new facilities shall be master planned to relate as closely as practical with the existing Madonna Road Plaza Center. Additional space in the central business district should reinforce the role of downtown as a regional shopping area, while also serving the needs of the community. 7. Existing service commercial uses (for example, automobile sales and service facilities), both north and south of the central business district, should be replaced with more intensive "shopping goods" facilities to centrally serve the expanding needs of the community. Conversion should be programmed in an orderly manner as a part of the _ .Central Area Specific Plan. - 18 245 e. Service Commercial/Light Industrial Policies 1. The allocation of land resources for service commercial/light industrial uses should be periodically reviewed and revised as necessary to reflect the realistic needs and opportunities of the city of San Luis Obispo based on changes in work force and resource availability. 2. The city should promote the infill and restructuring of existing service commercial districts designated on the plan and should discourage the proliferation of scattered service commercial/industrial manufacturing uses in areas designated for future conversion to other uses. The county should prevent service commercial/light industrial uses within the rural industrial area. 3. The city shall prevent the development of water-intensive industries or those which would significantly degrade or accelerate the degradation of the area's air or water quality. 4. In designated service commercial/light industrial areas, the city _ should support the concept of "planned unit" industrial developments and subdivisions, where unified landscaping, signing, building design, service capabilities and adequate circulation can be ensured - - and thereby avoid compatibility conflicts created by piecemeal development. 5. Where possible, access to service commercial areas should be provided _ by industrial collector streets to (1) avoid the use of residential streets or delivery routes which pass through residential areas, and (2) minimize direct driveway access from individual parcels onto the city's arterial street system. 6. All service commercial/light industrial areas shall be required to make connections with the city's water and sewer systems. The discharge of effluent from these areas into the city's sewer system shall meet or exceed adopted standards for constituent concentrations. 7. The city should emphasize the adequacy of landscaping, signing and building design of service commercial uses which are situated along entryways into San Luis Obispo. The county should refer and the city comment on the site planning and design of rural industrial uses Within the urban reserve along Highway 227, Tank Farm Road or South Higuera Street. 8. Offices for engineering and industrial design, retail commercial, convenience commercial and certain commercial recreation uses shall be conditionally permitted within designated service commercial/light industrial areas subject to discretionary review and issuance of a use permit by the Planning Commission or Director. Retail activities and offices not directly associated with permitted commercial or industrial uses should be discouraged. However, large professional office buildings which can 'include multiple tenants but with no single tenant spaces less than 2,500 square feet may be established in service commercial/light industrial areas subject to the approval of a Planned Development (PD) zoning application and compliance with criteria set forth in the zoning regulations. f. Rural Industrial Policies 1. Rural industrial activities should (1) be situated on parcels not less than five to ten acres in area, (2) be adequately served by private on-site water and sewer systems, (3) be limited to activities which are not employment-intensive(less than 25 employees each), (4) be situated on parcels which have 300 feet or more frontage on present county roads, and (5) not include any commercial or service commercial/light industrial uses. 2. - Residential dwellings should generally be prohibited within rural industrial areas-, rural industrial uses may include on-site provisions for caretaker facilities as accessory to the use. 3. Owners of property within areas designated as rural industrial should be encouraged to participate in short- and/or long-term agricultural preserve contracts with minimum allowable parcel sizes of five to ten _. acres or larger. 4. _ The city should consider the eventual discharge of treated effluent from the city's sewage treatment plant at _Prado- Road to nearby rural industrial/agricultural areas to encourage the continuation of agricultural uses in these areas. 4. Public.Facility Land Use Objectives City Hall will remain at its present location. County courts and legal and general administrative functions (such as technical services, assessor, planning, engineering, elections, board of supervisors staff, clerk) should remain and expand as necessary in the downtown. County hospital and health department should remain and if necessary expand on county property on Johnson Avenue. County Welfare (social Service Department), the California Employment Development Department, and eventually Social Security should relocate to a consolidated social services center on South Higuera. Street near Prado Road. Probation should be located near courts or near the sheriff's facility. The juvenile facility should be located near the existing county sheriff's facilities. The city will locate its facilities and advocate location of other _ agency's facilities in order to: (a) Remove nonconforming uses from residential neighborhoods. 21 = -72 i 1 _ 7Use lement Update Hearing�Drah ga.,a.. COMMERCIAL & INDUSTRIAL DEVELOPMENT POLICIES General retail 3.1 The City should have areas for general retail uses adequate to meet most demands of City and nearby County residents. General retail includes specialty stores as well as department stores, restaurants, and services such as banks. Not all areas designated general retail are appropriate for the full range of uses. 3? The City should focus its retailing with regional draw in two locations: downtown' and the area around the intersection of Madonna Road and Highway 101. 3.3 No substantial additional floor area should be added to the commercial area near Madonna Road and Highway 101 until a detailed plan for the retail expansion has been adopted by the City. The plan should describe the limits of'commercial expansion, acceptable uses, phasing, and circulation improvements. Any permitted expansion should be aesthetically and functionally compatible with existing development in the area. Further, the plan must follow an ng analysis demonstrating, that the proposed commercial expansion is not likely to significantly impact existing retail areas, and .. that the major components of the expansion cannot likely be _accommodated in the existing retail areas. 3.4 Most specialty retail stores should locate downtown or in the Madonna Road area; some may be located in neighborhood shopping centers so long as they are a minor part of the centers and they primarily serve a neighborhood rather than a citywide or regional market. Neighborhood retail 35 The City should have areas for neighborhood retail uses to meet the frequent shopping demands of people living nearby. Neighborhood retail uses include grocery stores, laundromats, and drug and hardware stores. Neighborhood retail centers should be available within about one mile of all residences. These centers should not exceed about five acres, unless the neighborhood to be served includes a significant amount of h gh.:density residential development. Specialty stores may be located in neighborhood centers as long, as they will not be a major citywide attraction or displace more general, convenience. uses. 3.6 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; ;mD: L[l&COMLWP 29 Land Use Element Upda., Hearing Draft C. Have access from arterial streets, and not increase traffic on local residential streets; = D. Have safe and pleasant pedestrian access from the 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 t6-'p' rovide a focus for some neighborhood activities. 3.7 The City should evaluate the need for and desirability of additions to existing neighborhood commercial centers only when specific development proposals are made, and not in response to rezoning requests which do no incorporate a development plan. 3.8 Small, individual stores within established residential areas maybe retained when they are compatible with surrounding uses. Other isolated commercial uses which are not compatible with residential surroundings eventually should be replaced with compatible uses. OtFices 3.9 The City should have sufficient land for office development to meet the demands of City residents and the specialized needs of County residents. Office development includes professional and financial services (such as doctors, architects, and insurance companies and banks) and government agencies. The City should retain the regional offices of state and federal agencies. Not all types of offices are appropriate in all locations. (See also the Public Facilities section, page 39.) 3.10 All types of offices are appropriate in the downtown commercial area. Also, all types of office.activities are appropriate in the surrounding office district, though offices needing very large buildings or generating substantial traffic may not be appropriate within that district, which provides a transition to residential neighborhoods. Some types of offices may be accommodated in locations other than downtown: A. Medical services should be near the hospitals; B. Government social services and the regional offices of state and federal agencies should be near the intersections of South Higuera Street, Prado Road, and Highway 101 (Figure 4); C. Large offices having no substantial public visitation or need for access to downtown government services may be in "services and manufacturing" areas. FID: Lvgcotin.wr 30 �d Use Element Update Hearing Draft r 3.11 Existing office buildings outside the areas described in policy 3.10 may continue= 73 = to be used and may have minor expansions if they: A- Have access directly from collector or arterial streets, not local residential J streets; B. Will not significantly increase traffic in residential areas; C. Will not have sigruncant adverse impacts on nearby uses. significant buildings located in office districts should be 3.12 Historic or architecturally conserved, not replaced. Tourist commercial 3.13 The City should accommodate tourist commercial uses, those which primarily . serve the travelling public, where such uses have already concentrated: along upper Monterey Street; at the Madonna Road area; at certain freeway interchanges; and in the downtown. 3.14 Tourist commercial areas should accommodate motels, restaurants, service stations, and minor retail sales for the convenience of travellers. These areas should not include offices, general retail stores, auto repair, or business services. 3.15 Site planning, building design, and types of activities for new tourist-commercial development adjacent to residential areas should be carefully reviewed to assure compatibility. Services and manufacturing 3.16 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 and those often stored outdoors (vehicles, building materials, plants). Areas reserved for these uses may also accommodate convenience restaurants and other activities primarily serving area workers. 3.17 The City's general plan previously designated "service-commercial/light= industrial" areas. A "service commercial" (C-S) zone and a "manufacturing" (M) zone have been applied to these areas. Each zone allowed a wide range of uses, which are sometimes incompatible. The land-use map should be refined to show where one or more of the following categories of uses would be appropriate. A. Wholesaling, warehousing storage, and retail sales which do not have many employees and do not generate significant customer traffic; gmD: LUB-CONSWp 31 Land Use Element Updat- Hearing Draft r C. Retail sales of products which require outdoor areas or large floor areas for display and storage, such as lumber and building materials, home �- improvement items, furniture and appliances, and plant nurseries, and which have many employees or generate substantial customer traffic; D. Service centers for a variety of uses not generally suitable for other commercial districts, including small outlets for items in. category C above, repair shops, printing services, laundries, animal hospitals, sporting goods, auto parts, and some recreation facilities, having relatively many employees and generating significant traffic; F. Light manufacturing and laboratories. 3.18 Auto sales should be encouraged near Auto Park Way. (See also policies 323 and 3.24). 3.19 New, general-retail stores or neighborhood shopping centers should not be developed in service and manufacturing areas. However, existing uses such as . supermarkets and drugstores may be retained or expanded if: A They are compatible with nearby uses; The expanded use will not divert trade from other general-retail or - neighborhood-commercial areas which are better located to serve the expected market area. 3.20 'Access to service-and-manufacturing areas should be provided by commercial collector streets, to avoid customer traffic on residential streets or delivery routes which pass through residential areas. Driveway access onto arterial streets should be minimized %21 Industries which would degrade air or water quality should not locate or expand within San Luis Obispo or its airshed or watershed 322 Service and manufacturing uses should connect to the City water and sewer systems, unless other means of providing service are identified in a City-adoptedplan. Vehicle Sales 3.23 The.City intends to create around Auto Park Way an easily accessible and attractive auto sales and service center. The City will reserve enough space around Auto Park Way to accommodate the expansion of vehicle dealerships (approximately in proportion to projected countywide population growth through the year 2020), plus the relocation of vehicle dealers from other areas of the City (about SO acres total, including dealers at Auto Park Way in 1991). Pak r.irgcoi�wP 32 •-- Use Element Update Hearing Draft - The areas shown for vehicle sales should be reserved for that use at least until the anticipated year 2002 update of this element, when the amount of reserved-' M J n T'? land may be reconsidered. y� 3.241 Auto sales in areas of the Ciry other than Auto Park Way should be miniri Tett, in order to reinforce the auto sales center and to maximize space for other_uses"' _„ in other locations. "— Overall 324 New, major employers should contnbute to provision of child care and elder care for their employees. 3.25 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. They may be required within large commercial and induitrial developments. PROGRAMS 3.1 The City will amend the Zoning Regulations so the "planned development" - approach can be used on any size parcel, in any commercial or industrial zone. 32 The City will evaluate its regulations for the C-S and M zones to determine appropriate uses in each zone. The City will consider rezoning C-S and M areas to refine the types of uses seen as appropriate in each location. Factors to be evaluated include employee and traffic intensity, access, proximity to regional transportation facilities, lot size and shape, compatibility with nearby uses (including housing), the market to be served, and existing land-use patterns. 32 The Citywill rezone to neighborhood commercial existing C-S sites which have become neighborhood convenience centers, if: (1) they primarily serve a neighborhood rather than citywide market; and (2) they are appropriately located considering access and compatibility with other nearby uses. 3.4 The City will consider establishing tourist information facilities near highway entries to the City, to reduce demands for on-site and off-site advertising by tourist- and general-retail uses. 3.5 The City will amend its Zoning Regulations to implement the commercial and industrial policies. gmD: LUE-COMIIMP 33 a-�� city of San lugs osispo INITIAL STUDY OF ENVIRONMENTAL IMPACT SITE LOCATION 3950 Broad Street APPLICATIONNO. ER 322-92 PROJECT DESCRIPTION Construction of a shopping center with 1.74 , 000 sq. ft. gross floor area; demolition of existing structures on site; rezoning and sub division of project site; rezoning of prev. approved shopping center site APPLICANT Marigold Partners STAFF RECOMMENDATION: X NEGATIVE DECLARATION 7MITIGATION INCLUDED EXPANDED INITIAL STUDY REQUIRED ENVIRONMENTAL IMPACT"REPORT REQUIRED PREPARED BY Greg Smith, Associate Planner DATE MMaar�ch 19 , 1993. COMMUNITY DEVELOPMENT DIRECTOR'S ACTION: ' �� DATE ,"L 5 M3 v SUMMARY OF INITIAL STUDY FINDINGS I.DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING IL POTENTIAL IMPACT REVIEW POSSIBLE ADVERSE EFFECTS YES* A. COMMUNITY PLANS AND GOALS ................................................... -- B. POPULATION DISTRIBUTION AND GROWTH......................................... NONE C. LAND USE .................................._........................................ YES* D. TRANSPORTATION AND CIRCULATION ............................................... YES* YES* E. PUBLIC SE ....................... RVICES ......... ............•••• NONE* F. UTILITIES........................................................................_... G. NOISE LEVELS .._..............._.................................._................ YES* H. GEOLOGIC B SEISMIC HAZARDS S TOPOGRAPHIC MODIFICATIONS ......_....._........ NONE I. AIR QUALITY AND WIND CONDITIONS...................._........................... YES* J. SURFACE WATER FLOW AND QUALITY ........................... NONE* K PLANT LIFE.......................................................................... NONE* LANIMAL LIFE_........................................................................ NONE* M. ARCHAEOLOGICAL(HISTORICAL ...................................................... NONE* N. AESTHETIC ........_................................................................. NONE O. ENERGY/RESOURCEUSE ............................................................. NONE P. OTHER .............................................................................. NONE Ill.STAFF RECOMMENDATION 'SEE ATTACHED REPORT ER 191-92 Page 2 I. DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING The applicant proposes to construct a shopping center on a large parcel currently developed with a small house and mobile home, and various storage sheds. The existing structures are to be demolished. As part of the project proposal, the applicant would close an existing grocery market on another nearby site, and abandon approved plans to construct a shopping center on the existing market site. In addition to structures, paving and landscaping on the Marigold Center site, the proposed project involves widening of Broad Street and Industrial Way and installation of traffic signals. Off-site improvements to the sanitary sewer system serving the site will be made, including extension of sewer mains and upgrading sewage pumping and/or storage facilities. The project description proposed by the applicant includes several related changes to the land use regulations to two sites located in the southerly portion of the city: SITE: Proposed Marigold Existing Williams Center Brothers Center 3950 Broad Street 3570 Broad Street AREA 16 . 6 acres 11. 1 acres (Excl. detention basin) EXISTING ZONING C-S-S; C-N-SP; R-2-SP C-S-PD Service Commercial - Service Commercial Special Considerations; Planned Development Neighborhood Comml. - Specific Plan; Medium Density Residential - Specific Plan PROPOSED ZONING C-S-PD C-S Service Commercial- Service Commercial Q Planned Development EXISTING USE Vacant Market (34, 000 sf) APPROVED USE None Shopping Center (137, 00 s€) PROPOSED USE Shopping Center Unspecified (Appr. 174, 000 sf floor area, 19, 000 sf outdoor sales, storage) A third site is affected by mitigation measures recommended by this initial study: a 6.2 acre site at the southeast corner of Broad Street and Tank Farm Road would be rezoned from C-N-SP to C-S-SP or other appropriate zone, and corresponding amendments to the General Plan and J So ER 191-92 Page 3 specific plan would be made. An application for rezoning to C-S-PD has been filed by the owner of that property, and is scheduled for hearings. in May of 1993 . That site is currently developed with a plant nursery. The project and mitigation measures involve several types of discretionary approval by the City, as listed on the attached chart. Caltrans must approve the design of Broad Street improvements; no discretionary approvals by other agencies are required. Previous EIR The Marigold Center project site and the existing market site are both within the Broad Street Annexation Area, a 78-acre area which has been partially developed with various residential. and commercial uses. In conjunction with its annexation, a focused EIR was prepared and certified by the City. The Broad Street Annexation EIR (BSAEIR) addressed environmental impacts related to: - Development potential - Traffic and circulation - Water and sewer- service - Drainage - Air quality The City determined that annexation and development of the annexation area could have significant adverse impacts on traffic, drainage, and air quality. The Council resolutions approving the EIR and the annexation required various mitigation measures, and included findings of overriding considerations for air- quality impacts. Since the BSAEIR addressed general impacts of development of the Marigold and existing market sites, this initial study focuses on impacts related to differences between the BSAEIR development projections, and the development proposed by the current project. Generally, the different development scenarios mean that: - Less intensive development of the existing market site than assumed for the BSAEIR. - More intensive development. of the Marigold site. - More intensive total development on the two sites. Thus, the initial study focuses on shifting impacts from the existing market site to the Marigold site (e.g. , traffic) , and on increases in impacts attributable to the increased level of total development (e.g. , mobile source emissions) . II. POTENTIAL IMPACT REVIEW A.. Community Plans and- Goals Community plans and goals for the project site are stated in the General Plan, Zoning Regulations and in the Edna/Islay Specific Plan. Further policy statements are contained within the Draft Land Use Element and :61 EP. 191-92 - Page 4 Circulation Element Updates. Existing plans and the Zoning Map include various land use designations for different portions of the site. Inconsistencies between the designations are described below; refer also to the referenced maps. A. 1 Land Use Plans. Most of the site is zoned for Service Commercial uses, and is designated for Service Commercial/Light Industrial use on the Land Use Element Map of the General Plan. Those designations were applied at the time of annexation hearings (1992-1993) . The proposed C- S-PD designation would be consistent with those designations. A narrow strip along the south edge of the site was not part of the Broad Street Annexation. That strip is zoned C-N-SP and R-2-SP, and has corresponding designations on the, Land Use Element Map and EISP Map. Those designations would not be consistent with the proposed C-S-PD zoning. The Edna/Islay Specific Plan (EISP) designates approximately 4 . 6 acres of the easterly portion of the site for Low Density Residential use, and approximately 1. 3 acres for Medium Density residential use. Except for the small R-2-SP segment at the south edge of the site, the current and proposed zoning designations are not consistent with the EISP. The change in the planned use for the east portion of the site was implemented by the City's previous action on the Broad Street Annexation pre-zoning application. A followup amendment to the EISP for % consistency with the General Plan is pending, but will probably not be acted upon prior to action on the Marigold project. A. 2 Housina Policies. As noted above, easterly portions of the project site are designated for residential use on City's Zoning Map and the EISP land use map. However, the change from residential to commercial use was approved by the Council as part of a previous project, the annexation and pre-zoning of the Broad Street Annexation Area. Although the elimination of potential housing units is not directly attributable to the propose project, the applicant has proposed to contribute $100, 000 to the Housing Authority, to be used for construction of affordable housing units on other sites within the City. The Housing Authority has voted to accept the proposed contribution, which they estimate will enable them to provide 5 to 7 affordable housing units within the city. A. 3 Commercial and Office Land Use Policies. The planned development (PD) overlay zone district may allow "any use or combination of uses which conform to the General Plan" . It is not clear that the uses proposed for the project are consistent with the Service Commercial/Light Industrial LUE designation for the site. The Zoning Regulations state that the Service Commercial (C-S) zone is "intended to provide for storage, transportation, and wholesaling as 1 well as certain retail sales and business services which may be less appropriate in the city's other commercial zones" . Policies in the ER 191-92 Page 5 adopted and draft LUE's provide further clarification of limits on uses considered appropriate in the C-S zone, including specific prohibitions on most office uses and new general retail stores or neighborhood retail centers. The proposed project includes uses which are not clearly consistent with policies in the adopted and/or draft Land Use Element, for service commercial designations. Those consistency issues are summarized in the attached chart. Note that the uses proposed by the applicants are all allowed or conditionally allowed in the C-S zone, with the exception of the various small office uses and retail sales and rental of specialty items. The proposed center would include commercial functions which Land Use Element policies would normally consider appropriate only in two or three separate zones: Neighborhood Commercial, Retail Commercial, and Service Commercial. The question of whether the consistency issues should be* considered a significant adverse impact is a difficult one to evaluate. It is important to note that the review process involves review by the Planning Commission and City Council, and approval of the project will require a specific finding of consistency with the General Plan. Note also that the project proposes amendments to the zoning regulations, as allowed under planned development procedures. On balance, staff concludes that inconsistency issues would not constitute ' a significant adverse impact if several mitigation measures are adopted: - Much of the function of the center will be as a neighborhood shopping center. Provision of such a center in the Edna/Islay area is consistent with general plan polices for the location of such centers. Only one center is appropriate for each :neighborhood, however. The proposed development agreement abandoning the proposed neighborhood commercial development at the existing Williams Brothers site, along with specific plan and zoning amendments to change the designation of the existing C-N area at the southeast corner of Broad/Tank Farm, would be necessary to ensure that there would not be multiple centers serving the Edna/Islay neighborhood. - The scope of comparison retail activities anticipated at the site would not conflict significantly with policies designating existing C-R and C-C areas . as the only suitable locations for retail activities serving citywide or regional markets. One space is proposed to be as large as 6, 000 square feet; other shops are designed for division into 1, 300 square-foot tenant spaces. Further explicit regulations limiting maximum retail tenant floor areas - similar to those recently adopted for C-N zones - are appropriate. This would help to ensure that the center does not accommodate larger retailers who would be inconsistent with the j C-R/C-C policies. The proposed office uses are clearly inconsistent with specific w i ER 191-92 _ Page 6 language in the Land Use Element, which prohibits most offices in both the C-N and C-S zones. (Exceptions are allowed in the C-S zone for offices related to engineering and industrial design, and _1 for large professional offices with no tenant smaller than 2 , 500 square feet. Neither type of exception would apply to the small professional offices proposed for this project. ) Office uses as proposed by the applicant cannot be considered consistent with community plans and goals, unless and until such time as the Land Use Element provisions are amended. Office uses other than those allowed in the C-S district should be deleted from the center. Potentially Significant Effects - Short Term Inconsistent with adopted plans and goals for development patterns within the city, unless mitigation measures noted below are adopted. Potentially Significant Effects - Lona Term and/or Cumulative See above. Recommended Mitiaation Measures Amend the Edna/Islay Specific Plan (EISP) to designate the entire Marigold Center site for Service Commercial/Light Industrial uses. Amend the EISP to designate the area at the southeast corner of the Tank Farm/Industrial intersection for appropriate uses other than neighborhood commercial. Limit office uses to those not prohibited by the Land Use Element (e.g. , banks, offices larger than 2,500 sf, engineers, would be allowed; most small professional offices would be prohibited) . Rezone the property at .3570 Broad Street from C-S-PD to C-S, and terminate the operation of the existing market at that location, concurrently with the opening of the proposed market at the Marigold project site. Uses within the category of "Retail Sales and Rentals - Specialties" shall be limited to not more than 2000 square feet per tenant, and to a cumulative total of not more than 25% of the gross floor area of the center. B. Population Distribution and Growth The proposed project is unlikely to result in creation of significantly more jobs within the annexation area. Of the jobs created, a higher proportion are likely to be local-area service and retail, types which do not stimulate population growth. Potentiallv Significant Effects Short Term NONE ER 191-9.2 Page 7 Potentially Significant Effects —Lona Term and/or Cumulative NONE Recommended Mitigation Measures NONE REQUIRED C.. Land Use Refer to discussion above under "Community Plans and Goals" , and below under "Noise" . Also, refer to the BSAEIR Section 4 .2 . D. Transportation and Circulation Transportation and circulation effects of annexation and development of the annexation area are addressed in the BSAEIR Section 2 . 3 and Chapter 7. Supplemental analysis by the BSAEIR traffic engineering consultant is attached. The supplemental analysis shows that the proposed project will not result in more vehicle trips than projected by the BSAEIR, and may result in fewer vehicle miles traveled. However, the project will shift short term traffic impacts from the Capitolio/Broad intersection to the Industrial/Broad and Tank Farm/Broad intersections. The supplemental analysis recommends various street widenings and signal improvements to mitigate short term impacts, consistent with the general mitigation measures in the BSAEIR. The supplemental analysis also recommends that traffic conditions at the project's Broad Street driveway be monitored for a period of three to five years after development, and that the developer be required to pay for a signal, or restriping to prohibit left turns, if determined to be necessary by the City and Caltrans. Although it seems likely that signalization would be the preferred option, the City Engineer recommends strongly that the turning prohibition remain as a feasible and effective mitigation measure. In addition to the measures recommended by the traffic consultant, the City Engineer believes one additional measure is needed to avoid significant adverse traffic impacts: - Additional widening for Industrial Way, east of Broad Street intersection. Preliminary lane designs indicate that the minimum right of way for adequate functioning of the intersection will be 75 feet, or 8 feet more than shown on the project plans. The right of way could transition to a narrower width approximately 100 feet from the intersection. Potentially Significant Effects - Short Term Significant adverse impacts will occur, unless mitigation measures identified in the Traffic Impact Study for Marigold Center are adopted, _ and additional widening for Industrial Way. ER 191-92 - Page 8 Potentially Significant Effects - Lona Term and/or Cumulative See above. --' Recommended Mitigation Measures Refer to the Traffic Impact Study for Marigold Center, pages 11-13 . Additional mitigation measure: Applicant shall dedicate sufficient right of way to provide a 54-foot traveled way within a 75-foot right of way for Industrial Way east of the Broad Street intersection, to the approval of the City Engineer. E. Public Services Public services can be provided to the project in accordance with adopted standards, including fire and police service. Installation of "Opticom" traffic signal control devices will be needed for the new signalat the Broad/Industrial Way intersection, to insure compliance with emergency fire response standards for the site and other areas of the Edna/Islay neighborhood. Potentially Significant Effects - Short. Term New signal at Broad/Industrial intersection could cause emergency response times to exceed standards for project site or other parts of -- Edna/Islay neighborhood. Potentially Significant Effects - Lona Term and/or Cumulative See above. Recommended Mitigation Measures Developer shall pay for "Opticom" traffic signal control device at Broad/Industrial intersection. Developer shall pay for "Opticom" traffic signal control device at Broad/project entry driveway, if that signal.- is eventually installed. F. Utilities The City's safe annual water supply from all sources is not adequate to meet the normal annual needs of users already connected to the municipal water supply system. However, the City has adopted mandatory conservation regulations which are intended to mitigate the effects of new development on water use. Among other provisions, new water users are required to offset their projected use of water by retrofitting existing facilities within the city with water conservation devices. The projected annual use for the Marigold project would be between 13 and 33 acre feet, depending on factors such as on-site irrigation wells, type and number of restaurants, and the use factor assigned to the market. This would result in a requirement to retrofit existing facilities to produce an estimated savings of 26 to 66 acre feet - ER 191-92 Page 9 equivalent to retrofitting approximately 400 to 1100 one-bathroom residential units. The City's wastewater treatment plant has adequate capacity to treat wastewater produced by the proposed project. Pumping stations and holding tanks which serve this section of. the city are operating close to capacity, but will be able to handle the expected increase from the project in the short term. Significant modifications to the collection and pumping system will eventually be needed, however-, as the Broad Street Annexation Area develops. Mitigation measures for the long term impacts .were included in the BSAEIR. Refer to BSAEIR Section 2. 3 and Chapter S. Potentially Significant Effects - Short Term NONE Potentially Significant Effects- Long Term and/or Cumulative Existing facilities for storing and pumping in the vicinity will become inadequate to meet expected demand. Recommended Mitigation Measures Applicant shall pay sewer hookup fees as required by City ordinances, and lift station replacement fees as approved by the City Council. (See BSAEIR page 2-18. ) --J G. Noise Levels The site is currently subject to a noise level of up to 70 dBA (Ldn) , generated by traffic on Broad Street. This level of noise is considered normally acceptable for the proposed commercial use of the site, according to standards in the city's General Plan Noise Element. Existing houses and undeveloped R-1 property located to the east of the site will be subjected to noise generated by truck traffic, loading/unloading activities, and refuse pickup in the service area at the rear of the project. Apartment and condominium units located near the Tank Farm Road/Poinsettia Street intersection may also be affected. It is likely that these activities will generate intermittent, short term noise levels of up to 90 decibels (according to the Noise Element) - as measured in the service area - throughout the day and occasionally during nighttime hours. The highest levels would result from trash trucks and parking lot sweeping equipment. Routine operations of heavy diesel trucks - particularly those with backing maneuver warning devices and/or externally mounted refrigeration units - would also generate noise levels high enough to be clearly audible at the adjacent residential property. Noise generated by roof-mounted mechanical equipment is not expected to -� be a significant factor. The City's noise regulations will require that parapet screening or other methods be implemented to reduce noise from these sources. "s7 ER 191-92 i Page 10 No estimate has been made of average noise levels affecting the residential property, but it is clear that unmitigated peak noise levels would be higher than normally considered acceptable for low or medium density residential uses. Analysis of future noise levels is complicated by several factors: - Noise levels will depend to a great extent on the operation of the center: the number, frequency, and time of day of deliveries is difficult to predict accurately. The topography varies significantly across the back of the shopping center site. Adjoining residential building pads will be from 3 to 8 feet above the shopping center's service driveway, resulting in substantial variation in the effectiveness of noise barriers. - The configuration of houses to be built on lots between the Marigold project and Poinsettia Street is unknown, making it difficult to evaluate their effect on blocking noise. - Noise generated by infrequent,.- relatively loud events is more difficult to mitigate effectively with barriers than is lower level, continuous noise. - Much of the noise would be generated above the driveway level. Exhaust stacks from diesel delivery trucks and top-loading garbage trucks would generate noise 10 to 15 feet above the- level of the service driveway. - The rear walls of the Marigold buildings would reflect a significant portion of the noise generated in the service area. For existing houses located on the east side of Poinsettia Street, existing topography and construction of houses on the west side of the street will provide some attenuation of service activity noise. The combined effect of the barrier created by future houses and distance from the center will provide noise attenuation on the order of 10 to 20 decibels. This degree of noise reduction would result in peak noise levels comparable to those associated with normal vehicle traffic. Indoor noise levels would be further reduced for the houses east of Poinsettia by their own exterior walls, as would outdoor noise levels in their back yards. Future houses located on the west side of Poinsettia Street will be subjected to somewhat higher levels of noise. Staff estimates that construction of a concrete block wall 8 feet in height (as measured from the side facing the residences) , combined with distance from the source, would result in noise reduction on the order of 5 to 10 dB at the rear half of the lots. Peak noise levels (90 dB - 10 dB reduction = 80 dB) would still be much louder than normally acceptable for low density residential uses. Note that the above estimates are approximate, and apply to ground floor levels; noise reduction for second stories of houses would be on the order of 0 to 5 dB, due to distance from the l source. - ER 191-92 Page 11 A higher barrier - perhaps consisting of a series of stepped walls combined with a berm - would be more effective, particularly with regard to truck exhaust and garbage truck noise. Such a barrier would be undesirable from an aesthetic point of view, however - the top of the barrier would be nearly as high as the walls of the buildings. Additional noise level reductions might be achieved for indoor noise levels by using special construction methods for the houses. A combination of mitigation measures are identified in the Acoustical Design Manual section of the Draft Noise Element which might achieve a noise level reduction of up to 30 dB. Effective application of these mitigation measures (limiting window areas, use. of mechanical ventilation systems so that windows facing the noise source may remain closed, etc. ) would require expert .acoustic analysis of each proposed structure, however. Changing the location of the service area to the north side of the site - where it would be 150 feet or more from residences, and where the buildings would direct noise toward a public street and industrial uses, would provide effective mitigation of noise impacts. This alternative would require extensive revisions to the site plan. Limiting the hours of operation for loading and trash pickup could reduce the noise impacts from the center significantly. This approach was used with the Laguna Village Shopping Center. The limitations - when enforced - reduced complaints from neighboring residents. No measurements of average or peak sound levels have been made at that site, however, and it is not clear whether noise levels at the - residences comply with standards in the Noise Element and Noise Control Regulations. Providing useable private open space on the east (noise sheltered) side of future residences would provide outdoor use areas which had clearly acceptable noise levels. In summary, the level of noise generated, the variety and unpredictability of noise sources, the level of sensitivity of residential areas to noise, and the complex topography of the site make it difficult to evaluate the feasibility and effectiveness of mitigation noise impacts. However, it appears that a combination of measures may be used to reduce the noise levels to levels which may be considered insignificant. Potentially Significant. Effects - Short. Term Operation of the project will result in excessive noise levels for future residents of property to the east of the site, unless the mitigation measures listed below are adopted. Potentially Significant Effects - Lona Term and/or Cumulative See above. ER 191-92 Page 12 Recommended Mitigation Measures A. Site plan shall be revised to provide at least 150 feet of separation between truck loading and trash storage areas, and any future outdoor use area or residence located on adjoining property to the east of the site. Additionally, a barrier at least 8 feet in height as measured from the residence side shall be provided at or near the common property line. OR B. Combined Mitigation Measures 1. A continuous noise barrier shall be provided along the common property line between the project site and adjoining residential property to the east. Barrier shall consist of a grout-filled block wall and/or earth berm, and shall be at least 8 feet in height as measured from the residence side. 2 . Heavy truck deliveries and trash pickups shall be prohibited between the hours of 10 pm and 7 am. 3 . Residences on adjoining site shall be constructed to meet the following standards: a. At least 250 square feet of useable, noise sheltered open space shall be provided with each residence. Open space shall be private, directly accessible from the residence, and shall have a minimum dimension of 10 feet in every direction. b. Residences shall be constructed to provide a noise level reduction (NLR) of. at least 30 dB on north, west, and south facing walls. C. Residences shall be limited to one story in height. d. Exceptions to requirements a-c above may be made on a case-by-case basis by the Community Development Director, upon certification of an acoustic expert that alternative site-specific mitigation measures have been incorporated into the design of a particular residence which render the other mitigation measures unnecessary. 4. All mechanical equipment shall be installed in compliance with standards from Chapter 9.12 of the Municipal Code, Noise Control Regulations. A. Geologic and Seismic_Hazards and Topographic Modifications No unusual topographic or geologic conditions are known to exist in the vicinity of the project site. Modification of the existing topography as shown on the grading plan is not considered significant. ER 191-92 Page 13 Potentially Significant Effects. - Short Term NONE Potentially Significant Effects - Lona Term and/or Cumulative NONE Recommended Mitigation Measures NONE REQUIRED 1. Air Quality and Wind Conditions This section summarizes information from the BSAEIR (Section 2 . 3 and Chapter 10) , and attached analysis by the SLO County Air Pollution Control District (APCD) staff. The proposed project does not involve significant point source generation of air pollutants. Construction activities on the site have the potential to generate significant levels of pollutants from construction equipment and airborne dust particles, if recommended mitigation measures are not implemented during construction. Pollutants from mobile sources associated with development of the Broad Street Annexation area have been determined to be cumulatively significant, and the City has determined that no feasible method is available to reduce emissions to levels below the threshold of significance. The BSAEIR includes mitigation measures which are required for developments in the annexation area, and the City has adopted a statement of overriding considerations in conjunction with approval of the annexation. The BSAEIR mitigation measures referenced are clearly feasible to apply to the. proposed project. Potentially Significant Effects - Short Term Construction related vehicle emissions and airborne dust. Potentially Significant Effects - Long Term and/or Cumulative Mobile emissions from automobile and truck traffic. Recommended Mitigation Measures Applicant shall comply with PM-10 mitigation measures during construction, as approved by APCD staff prior to issuance of grading permits by the City. Applicant shall comply with construction emission mitigation measures included in the BSAEIR (see pages 2-23 , 2-24) . Applicant shall_ comply with vehicle emissions mitigation measures included in the BSAEIR (see pages 2-24, 2-25) . ER 191-92 _ Page 14 Applicant shall install lockable bicycle lockers for use by project employees, in locations convenient for employee use. i Applicant shall provide a bus turnout and transit shelter on the site. J. Surface Water Flow and Quality The staff of the City Engineer has reviewed preliminary calculations submitted by the applicant regarding on-site and off-site impacts related to flooding. City staff has determined that on-site detention basins on the site will safely accommodate runoff concentration due to the proposed project. See also Section 2.3 and Chapter 9 of the BSAEIR. Potentiallv Significant Effects - Short Term NONE Potentially Significant Effects - Long Term and/or Cumulative NONE Recommended Mitigation Measures Complies with mitigation measures required by BSAEIR. R. Plant Life No significant vegetation is found on the site, with the exception of �\ landscaping within the Tank Farm Road right of way. Numerous trees will be planted on the site, which will more than compensate for the removal of a small number of existing trees for a driveway to Tank Farm Road. Potentiallv Significant Effects - Short Term NONE Potentially Significant Effects - Long Term and/or Cumulative NONE Recommended Mitigation Measures NONE REQUIRED L. Animal Life The site is predominantly a grassy, open field, supporting non-native species. This type of habitat is common in the vicinity of the project site; no rare or endangered species are known to inhabit the site. Potentially Significant Effects - Short Term NONE i I. J - ER 191-92 Page 15 Potentially Sianificant Effects. - Lona Term and/or Cumulative NONE Recommended Mitigation Measures NONE REQUIRED M. Archaeological/Historical Previous archaeological surveys within the Edna/Islay Specific Plan area have studied the areas surrounding the project site to the north, east, and south, although there is no record of a survey covering the bulk of the site 'itself. The earlier surveys identified at least one site which may have been occupied by Chumash or other native cultures. The area was occupied and used for farming and ranching prior to the 19001s; an adobe ranch house remains in the area, in addition to the wood frame dwelling and well house located on the project site. Potentially .Significant Effects - Short Term Construction activities proposed for the site would destroy or reduce the value of any archaeological resources which may be present on the site. Potentially Significant Effects - Lona Term and/or Cumulative See above. Recommended Mitigation Measures Applicant shall comply with the Interim Archaeological Survey Procedures prepared by the City's Cultural Heritage Committee (attached) prior to and during the construction phase . of the project. These guidelines require: - Completion of a surface survey by a qualified archaeologist approved by the Community Development Director prior to commencing construction activities on the site. - Halting of construction activities if archaeological resources are discovered during construction. - Implementation of a preservation plan prepared by a qualified archaeologist and approved by the Community Development Director if significant archaeological resources are discovered N. Aesthetic The project site has been used in the recent past as a staging and storage area for construction activities on a nearby site. This is considered a temporary alteration to its prior condition, as a largely undeveloped open space. The visual character of the site will be permanently altered by the construction of the proposed project. 0?�3 ER 191-92 -- Page 16 The project will be visible from existing residences located on the east side of Poinsettia Street, east of the site. Impacts on views from those residences is not considered significant, however. Residences which are planned for the west side of the street will be more visible, and will screen views of the proposed project. Substantial views of distant scenic features - such as the South Street Hills - will remain. A noise, wall along the east boundary of the site, proposed as a mitigation measure in Section G above, will also affect views from the adjoining R-1 property. A 10-foot landscaping easement will be required on each side of the. wall by the EISP, and the wall is not judged to constitute a significant effect. No portion of the .site is identified as potential permanent open space in the Open Space Element. Potentially Significant Effects - Short Term NONE Potentially Significant Effects - Long Term and/or Cumulative NONE Recommended Mitigation Measures NONE REQUIRED O. Energy/Resource Use The project is not expected to consume unusual. quantities of energy or other resources for construction or continuing operation. Refer to Section F above concerning water use. Potentially Significant Effects - Short Term NONE Potentially Significant Effects - Lona Term and/or Cumulative NONE Recommended Mitigation Measures NONE REQUIRED P. Other NONE Potentially Significant Effects - Short Term NONE ER 191-92 Page 17 Potentially Significant Effects - Long Term and/or Cumulative NONE Recommended Mitigation Measures NONE REQUIRED III. STAFF RECOMMENDATION Staff recommends approval of a mitigated negative declaration.. The following mitigation measures should be incorporated into the project description to avoid potentially significant effects, or reduce effects to levels which are less than significant: 1. The Community Development Director shall prepare a plan for monitoring effectiveness of all mitigation measures. The applicant understands that the monitoring program may require the Director to modify mitigation measures found to be physically infeasible or ineffective, and agrees to comply with such modifications as are determined necessary by the Director to achieve the intent of the original measures. 2. Amend the Edna/Islay Specific Plan (EISP) to designate the entire Marigold Center site for Service Commercial/Light Industrial uses. 3 . Amend the EISP to designate the area at the southeast corner of the Tank Farm/Industrial intersection for appropriate uses other than neighborhood commercial. 4. Rezone the property at 3570 Broad Street from C-S-PD to C-S, and terminate the operation of the existing market at that location, concurrently with the opening of the proposed market at the Marigold 'project site. 5. Limit office uses to those not prohibited by the Land Use Element (e.g. , banks; offices larger than 2,500 sf, engineers, would be allowed; most small professional offices would be prohibited) . 6. Uses within the category of "Retail Sales and Rentals - Specialties" shall be limited to not more than 2000 square feet per tenant, and to a cumulative total of not more than 25% of the gross floor .area of the center. 7. Mitigation measures listed in the Traffic Impact Study for Marigold Center, pages 11-13, are incorporated by reference. 8. Applicant shall dedicate sufficient right of way to provide a 54 foot traveled way within a 75-foot right of way for Industrial Way east of the Broad Street intersection, to the approval of the City Engineer. ® 9. Developer shall pay for "Opticom" traffic signal control device at Broad/Industrial intersection. Developer shall pay for "Opticom" traffic signal control device at Broad/project entry driveway, .if A ER 191-92 Page 18 that signal, is eventually installed. 10. Applicant shall pay sewer hookup fees as required by City ordinances, and lift station replacement fees as approved by the City Council. (See BSAEIR page 2-18 . ) 11. A. Site plan shall be revised to provide at least 150 feet of separation between truck loading and trash storage areas, and any future outdoor use area or residence located on adjoining property to the east of the site. Additionally, a barrier at least 8 feet in height as measured from the residence side shall be provided at or near the common property line. OR B. Combined Mitigation Measures i. A continuous noise barrier shall be provided along the common property line between the project site and adjoining residential property to the east. Barrier shall consist of a grout-filled block wall and/or earth berm, and shall be at least 8 feet in height as measured from the residence side. ii. Heavy truck deliveries and trash pickups shall be prohibited between the hours of 10 pm and 7 am. iii. Residences on adjoining site shall be constructed to meet the following standards: a. At least 250 square feet of useable, noise sheltered open space shall be provided with each residence. Open space shall be private, directly accessible from the residence, and shall have a minimum dimension of 10 feet in every direction. b. Residences shall be constructed to provide a noise level reduction (NLR) of at. least 30 dB on north, west, and south facing walls. C. Residences shall be limited to one story in height. d. Exceptions to requirements a-c above may be made on a case-by-case basis by the Community Development Director, upon certification of an acoustic expert that alternative site-specific mitigation measures have been incorporated into the design of a particular residence which render the other mitigation measures unnecessary. iv. All mechanical equipment shall be installed in compliance with standards from Chapter 9. 12 of the Municipal Code, Noise Control Regulations. 12 . Applicant shall comply with PM-10 mitigation measures during ' 1 ER 191-92 Page 19 construction, as approved by APCD staff prior to issuance of grading permits by the City. 13. Applicant shall comply with construction emission mitigation measures included in the BSAEIR (see pages 2-23 , 2-24) . 14. Applicant shall comply with vehicle emissions mitigation measures included in the BSAEIR (.see pages 2-24, 2-25) . 15. Applicant shall install lockable bicycle lockers for use by project employees, in locations convenient for employee use. 16. Applicant shall provide a bus turnout and transit shelter on the site. 17. Applicant shall comply with the Interim Archaeological Survey Procedures prepared by the City's Cultural Heritage Committee (attached) prior to and during the construction phase of the project. These guidelines require a. Completion of a surface survey by a qualified archaeologist approved by the Community Development Director prior to commencing construction activities on the site. b. Halting of construction activities if archaeological resources are discovered during construction. C. Implementation of a preservation plan prepared by a qualified archaeologist and approved by the Community Development Director if significant archaeological resources are discovered. GTSL:R19192..IS DRAFT f � MINUTES - CITY PLANNING COMMISSION CITY OF SAN LUIS OBISPO APRIL 28, 1.993 CALL TO ORDER/PLEDGE OF ALLEGIANCE PRESENT: Commissioners Brett Cross, Gilbert Hoffman, Fred Peterson, Charles Senn, Mary Whittlesey, Dodie Williams, and Chairman Barry Karleskint OTHER PRESENT: Arnold Jonas, Community Development Director;Ronald Whisenand, Development Review Manager; Greg Smith, Associate Planner; Wayne Peterson, City Engineer, Diane Stuart, Recording Secretary PUBLIC COMMENT: There were no public comments. PUBLIC HEARINGS: 2. Actions Relating to Property at 3950 Broad Street: Requests to approve a subdivision and planned development .rezoning to create a mixed-use shopping center; C-S-S zone; Marigold Partners, applicant. a. Planned Development Rezoning PQ 191-92 A request to amend the zoning map from C-S-S, C-N-SP and R-2-SP to C-S-PD to allow a mixed-use shopping center. b. Tract.2133 (City File No. TR 191-92): A request to subdivide a 17.2 acre- parcel into six parcels. Greg Smith, Associate Planner, presented the staff report, noting there are two formal actions that must be taken. He felt the issues to be focused on were (1) whether or not the various uses proposed for the shopping center are consistent with the General Plan, (2) compatibility with neighboring residential land uses, and (3) environmental impacts. He noted that staff feels most of the land uses are consistent with General Plan policies, based on an interpretation that the center can function appropriately as a combination service-commercial and neighborhood-commercial shopping center, and incorporating uses found in either or both of those zones. Staff felt an initial study on environmental impact should be prepared, recommending mitigation measures. Noise and traffic mitigation measures are extensively addressed in conditions of approval. He affirmed that the basic jurisdiction with regard to the specific dollar amounts of mitigation measures and fees lies with the City Council. Draft PC Minutes of April 28, 1993 Page 2 In response to a question from Commr. Whittlesey, Ron Whisenand clarified that the applications for the rezoning and tract map are complete for processing. State law requires that an action be taken on a complete application within six months. However, in this case, a legislative change regarding the rezoning is being made, and the law states that when there is a legislative act, the permit streamlining act deadlines of six months do not apply. Greg Smith further explained that since these lots are under common ownership, the commission and council have the authority to mitigate noise by requiring an off-site mitigation. Commr. Hoffman responded that he had talked to the City Attorney and confirmed the above explanation by Mr Smith. In response to a question by Commr. Cross, Greg Smith responded that a second neighborhood- commercial use in that center would not be consistent with the policies. He felt that the time to determine whether an additional neighborhood center closer to the residential uses in that area is necessary, would be at the time of development of the Margarita and Airport areas. He noted that both the current adopted Land Use Element Q and the Draft LUE continue to include language which discusses the speck role of-the C-N zone. Chairman Karleskint declared the public hearing open. Victor Montgomery (R.R.M. Design Group), 3026 South Higuera Street, indicated he is representing the applicants. He explained that this project has been in the planning stages since 1991, and Orchard Supply has been looking fora site in SLO since 1990. A complete traffic analysis has been completed, and a neighborhood meeting conducted. One concern was the existing traffic conditions on Tank Farm Road, which was addressed in the addendum to the traffic study. Jim Stewart, Vice-President of the Von's Company, clarified that the entire Williams Brothers site is owned by the Von's Company, and they are agreeable to closing that store concurrent with the opening of the store on this property, and are also agreeable to the property being restricted against use as a supermarket. Vic Montgomery explained he feels the focus of these kinds of facilities is convenience for the neighbors. He felt that, in very limited sizes, a real estate office, chiropractor, optometrist, dentist, and a bank are appropriate. These uses should be limited to 7,000 square feet total area (about 4% total floor area). "lo i r Draft PC Minutes of April 28, 1993 Page 3 �, Regarding the condition dealing with "Retail Sales and Rentals - Specialties", Mr. Montgomery said they are in agreement with the limitation relative to floor area, however would request one exception for a particular building. He further explained that Blockbuster Video wishes to locate into the building and utilize 6,000 square feet. He clarified that the store would be strictly videos (no audio equipment and accessories similar to Warehouse Sound). Mr. Montgomery responded to the proposed condition requiring a fence around the Orchard Supply Hardware use, stating that they could agree to a 10-foot high fence with an 8-foot setback. There was concern regarding proposed condition 20, prohibiting Auto Repair and Related Services. Mr. Montgomery felt that auto parts would be an acceptable use, which includes tires and batteries, and requested it be an allowed use. He clarified that the principal operation of the business would not be tires and batteries. Mr. Montgomery stated the conditions for the tract map were all acceptable as presented. Commr. Cross noted that the commission had received a letter from Mr. and Mrs. Douglas expressing concern regarding the orientation of Orchard Supply Hardware building and the loading in the rear, which is adjacent to residential use. Mr. Montgomery stated that in every layout possible, there is some type of loading area along the Tank Farm Road frontage. He felt that OSH is the most appropriate for that location. The fence will screen the loading area so there will be no visual problems. In response to a question by Commr. Cross, Vic Montgomery explained the original proposal; Using the Broad Street entry, there was a break in the entry median that would allow left and right turns. He noted staff felt that with the median break, the potential for cuing left tum movement to back into Broad Street exists. Therefore, staff recommended closure, which the applicant agreed to, as shown in the revised plan. Regarding the issue of bicycle lockers, Mr. Montgomery felt that bike racks are more efficient, but have been told that for commuting workers, bicycle lockers are more appropriate, and he felt 15-20 lockers would suffice. There was discussion regarding the involvement of APCD in determining the number of lockers needed. Commr. Whittlesey commented on noise mitigation. Mr. Montgomery responded that the Tract 2100 homes provide a buffer to the existing Poinsettia Street and Santa Lucia neighborhood. In addition, upon completion of the project, the northeast corner of the site (Von's) will be approximately 8 feet lower than existing, which causes a substantial grade break. �ATL Draft PC Minutes of April 28, 1993 !�• Page 4 Harry Fisher, Construction Manager for Orchard Supply Hardware, felt the customer yard between Tank Farm and receiving will be a great sound buffer of the loading/receiving dock. There are a number of items in the yard area which will also absorb sound. He noted that trucks are received during the day and not on weekends. One trailer is left at the dock and replaced with another trailer the next day. UPS deliveries will occur during the day, as well as smaller deliveries to the nursery. On rare occasions, deliveries may occur on the weekend, such as result from earthquakes or flooding situations. Jim Maderis, 3954 Sunrose Lane, representing the Willow Creek Homeowners Association, spoke in support of the project. He felt the OSH location is an entry to the city from the south county, and had concerns regarding the visual appearance from Broad and Tank Farm Road intersection. He also expressed concern regarding the truck traffic at Tank Farm/Santa Lucia and its impacts on the lunch time traffic, and noted concern of residents of the Poinsettia area of the speed of traffic as well as increased volume and its impact on increased pedestrian traffic. Chuck French, 2155 Augusta Court,.stated his support for this type of development, his approval of the design, and his feeling that it would work well with the neighborhood. Q Steven Barasch, 2602 EI Cerrito, cornmended the developers on a fine site plan and high quality project that he felt is much needed in the area. He had concerns regarding provisions to accommodate the projected additional traffic access to the center from inside the county's jurisdiction. Wayne Peterson, City Engineer, noted that the County is developing a land use plan for the airport area which requires widening of Tank Farm Road by individual developers. There are no conditions requiring improvements west of Broad Street on Tank Farm Road Greg Smith responded that the city does not presently have mitigation measures regarding the widening of Tank Farm Road within the county area. Cal Trans has indicated they would support additional widening of the right-of-way and installation of turn lanes as soon as possible, but certainly concurrent with development of the property which immediately adjoins the Broad Street/Tank Farm intersection. He further noted that the city has studied traffic impacts and mitigation measures within the Broad Street annexation area very carefully, and at such time as someone makes any formal proposal to the city for annexation of that property, the city would, through the environmental impact report process, look at the appropriate right-of-way widths in that area. The city will also continue to make recommendations to the county. Steve Barasch asked if there is any provision for left turn pockets along the Tank Farm Road entry or any stacking accommodation to avoid cars stacking on-site. Draft PC Minutes of April 28, 1993 Page 5 Wayne Peterson responded that there is currently a left turn pocket (eastbound traffic) on Tank Farm Road which allows the stacking of 10 to 20 cars. Vera Brown, 805 Dahlia Lane, told of a scare that occurred this day, which was a possible spill on Tank Farm Road which could have been detrimental to the health of residents, so Tank Farm Road was closed off. She noted there are no alternate routes to get to the businesses, and expressed concern over the increase in traffic, especially large trucks. She said she supports the shopping center but felt alternate traffic routes for emergencies (or during closure of Broad Street or Tank Farm Road) should be investigated. Brian Christianson, 818 Pismo Street, had concerns with site development. He felt additional landscaping within the interior of the project (up to 5%) and greater landscaping on the perimeter areas should be required. Regarding compliance with the Land Use Element, he noted the LUE indicates the Commercial-Service zone's purpose and intent is to provide for storage, transportation, wholesaling and certain retail sales and business services which are less appropriate in other commercial zones. He felt OSH is the only use which fits in the C-S zone and the others fit more appropriately in the neighborhood- commercial zone. He also felt the land use designation should be changed to neighborhood-commercial, and noted the PD designation would have community benefit. Jim Stewart,Von's representative, expressed his satisfaction at finding this property which is the right size for a one-stop shopping center. He felt that by having property of this size with good access, many concerns can be mitigated. He felt that by using local architects, they would be aware of local problems and concerns. George Moylan, Housing Authority, 2684 Johnson Avenue, stated his support for the project. He noted the great benefit of the shopping center to the tenants of Poinsettia Street. Victor Montgomery noted that there will be much landscaped open space at the entry/intersection, as well as the Broad Street frontage of the project. He felt they have preserved the entry to the city as well as enhancing it, particularly with respect to the present entry statement made on the property. Mr. Montgomery noted that the Marigold Center is about 175,000 square feet. He also mentioned that there is an existing center approved by the county just up the street at 125,000 square feet, which he feels does not come close to providing the benefits to the city as this project does, particularly with respect to mitigation. In response to a question from Commr. Cross, Mr. Montgomery noted that the slope facing Broad Street is 80 feet deep in landscaping. He indicated that the typical 2-foot strips that connect the tree wells were deliberately omitted because they get trampled, they can't be swept, they make it difficult to sweep the parking lot, and they get filled with i J•7� Draft PC Minutes of April 28, 1993 Page 6 cigarette butts and trash, not to mention shopping carts getting stacked up against and in them. Responding to Commr. Hoffman's concerns regarding the exception for Blockbuster Video, Mr. Montgomery suggested that it be handled as an exception to Building D only, and that the area of the exception be clearly identified so it would not apply broadly to the rest of the center. He also explained that getting appropriate tenants is difficult, and to make this center successful, the addition of this AAA national tenant would be a benefit. It was clarified by Mr. Montgomery that Phase I will consist of: Vons, two shop buildings (H & 1), Orchard Supply Hardware, Building E (long, narrow building on side), Building D, and Building F which is a group of shops. Discussion ensued regarding wording changes to proposed Condition 10, and the addition of a new Condition 23 designed as a mitigation measure of definable cumulative impacts as a result of this development related to a specific project. Ron Whisenand added that if traffic impact fees are assessed this project, the applicant will be able to credit the fees spent for the traffic signals on Broad Street. Commr. Karleskint declared the public hearing closed. Commr. Williams felt the primary concern of the neighbors was traffic on Tank Farm Road and getting across the street from one portion of the subdivision to the other side where the park is located. She suggested that the developer and the Neighborhood Association look into constructing and elevating a. pedestrian crossing, at a cost of approximately $300,000. She felt the amount of Traffic Impact Fees would determine whether or not the pedestrian crossing was feasible. An alternative would be a landscape median down the center of the road which would allow children crossing the street a place to stop. She further indicated her support of a bank facility in this center and felt a walk-through would be a good idea. She noted she would not support a credit union. Wayne Peterson opposed a mid-block pedestrian crossing. He felt a pedestrian overhead was sensible since it could line up with the pedestrian walkway on either side. An alternative is to put a median in the street which would give safe refuge to a pedestrian who chooses to cross without standing in traffic or in the street waiting for cars to clear. Commr. Peterson had concerns with Condition 22 regarding impact mitigation fees because it is placing more of a burden on the business. He felt the long-term tax revenues that will be brought into the city will outweigh the condition. 0 a-r3 Draft PC Minutes of April 28, 1993 Page 7 Commr. Whittlesey suggested phasing the traffic mitigation fees over a 5 to 10 year period. Ron Whisenand interjected that he would recommend that this issue be dealt with by the City Council. The condition exists as an informational note; if the traffic impact fees do not apply, that condition is a moot point. Commr. Senn expressed concerns with Conditions 5 and 6. He felt there is no question that there is a market for the uses requested by the applicant. He also felt that a precedent will be set on this project. He questioned whether the city wants to preserve the downtown or cut down on driving. .He noted there is a need for a center to serve that part of the city. Commr. Senn moved to approve the Planned Development Rezoning, and associated mitigation, for PD 191-92, with proposed finding 2 deleted, and subject to revised conditions 5, 6, 10, 15, 18a, 22 and the addition of a new condition 23, as follows: Recommended Findings 1. The Planned Development will achieve the intent of conventional standards by exceeding or substantially complying with property development standards provided in the Zoning Regulations. -\\ 2. A negative declaration is approved for the project, based on incorporation of the mitigation measures listed below into the project description. Recommended Mitigation Measures 1. The Community Development Director shall prepare a plan for monitoring effectiveness of all mitigation measures. The applicant understands that the monitoring program may require the Director to modify mitigation measures found to be physically infeasible or ineffective, and agrees to comply with such modifications as are determined necessary by the Director to achieve the intent of the original measures. 2. Amend the Edna/Islay Specific Plan (EISP)to designate the entire Marigold Center site for Service Commercial/Light Industrial uses. 3. Amend the EISP to designate the area at the southeast corner of the Tank Farm/Industrial intersection for appropriate uses other than neighborhood commercial. 4. Rezone the property at 3570 Broad Street from C-S-PD to C-S-S, and terminate the operation of the existing market at that location, concurrently with the opening 1 1 Draft PC Minutes of April 28, 1993 Page 8 of the proposed market at the Marigold project site. 5. Limit office uses to those allowed by the Land Use Element (e.g., banks, offices larger than 2,500 sq. ft., engineers, and "Local Service Offices" in the list submitted by the applicant). 6. Uses within the category of "Retail Sales and Rentals - Specialties" shall be limited to a total of not more than 2,000 square feet per tenant, and to a cumulative total of not more than 25,000 square feet of the gross floor area of the center. In addition to the limits noted above, one video rental and sales use may be located in Building D, with a gross floor area not to exceed 6,000 square feet. 7. Mitigation measures listed in the Traffic Impact Study for Marigold Center, pages 11-13, are incorporated by reference. 8. Applicant shall dedicate sufficient right of way to provide a 54-foot traveled way within a 75-foot right of way for Industrial Way east of the Broad Street intersection, to the approval of the City Engineer. 9. Developer shall pay for "Opticom" traffic signal control device at Broad/Industrial intersection. Developer shall pay for "Opticom" traffic signal control device at Broad/project entry driveway, if that signal is eventually installed. 10. Applicant shall pay sewer hookup fees as required by City ordinances. The applicant shall pay Rockview/Tank Farm Road sewer lift station fees in the amount of $6,709 prior to issuance of a building permit or final map approval, whichever occurs first. 11. Noise Mitigation Measures i. A continuous noise barrier shall be provided along the common property line between the project site and adjoining residential property to the east. Barrier shall consist of a grout-filled block wall and/or earth berm, and shall be at least 8 feet in height as measured from the residence side. ii. Heavy truck deliveries and trash pickups shall be prohibited between the hours of 10 pm and 7 am. iii. Residences on adjoining site shall be constructed to meet the following standards: Draft PC Minutes of April 28, 1993 Page 9 a. At least 250 square feet of useable, noise sheltered open space shall be provided with each residence. Open space shall be private, directly accessible from the residence, and shall have a minimum dimension of 10 feet in every direction. b. Residences shall be constructed to provide a noise level reduction (NLR) of at least 30 dB on north, west, and south facing walls. C. Residences shall be limited to one story in height. d. Exceptions to requirements a-c above may be made on a case-by-case basis by the Community Development Director, upon certification of an acoustic expert that alternative site- specific mitigation measures have been incorporated into the design of a particular residence which render the other mitigation measures unnecessary. iv. All mechanical equipment shall be installed in compliance with standards from Chapter 9.12 of the Municipal Code, Noise Control Regulations. 12. Applicant shall comply with PM-10 mitigation measures during construction, as approved by APCD staff prior to issuance of grading permits by the City. 13. Applicant shall comply with construction emission mitigation measures included in the.BSAEIR (see pages 2-23, 2-24). 14. Applicant shall comply with vehicle emissions mitigation measures included in the BSAEIR (see pages 2-24, 2-25). 15. Applicant shall install lockable bicycle lockers for use by project employees, in locations convenient for employee use. 16. Applicant shall provide a bus turnout and transit shelter on the site. 17. Applicant shall comply with the Interim Archaeological Survey Procedures prepared by the City's Cultural Heritage Committee (attached) prior to and during the construction phase of the project. These guidelines require: ., a. Completion of a surface survey by a qualified archaeologist approved by the Community Development Director prior to commencing construction activities on the site. i �-7�i Draft PC Minutes of April 28, 1993 oPage 10 b. Halting of construction activities if archaeological resources are discovered during construction. C. Implementation of a preservation plan prepared by a qualified archaeologist and approved by the Community Development Director if significant archaeological resources are discovered. Additional-.Recommended Conditions 18. The preliminary development for the planned development is approved subject to the mitigation measures noted above, and subject to the following additional conditions: a. An exception to the fence height regulations is approved to allow a 10-foot high screen wall/fence near the Tank Farm Road frontage of the site, subject to provision of an 8-foot setback from the property line. b. Landscaping, building design and site plan details shall be to the approval of the Architectural Review Commission.. O19. Except as otherwise noted in this ordinance, all regulations for the C-S zone shall apply. 20. The types of uses allowed or conditionally allowed shall be as provided in the list submitted by the applicant, as modified by conditions Nos. 5 and 6 above, and as noted below: The following uses normally allowed in the CS zone are prohibited: - Auto Repair and Related Services - Carwashes - Retail Sales- Tires and Batteries - Service Stations 21. The applicant shall initiate a trip reduction plan approved by the Community Development Director. The applicant shall create a property owners' association which shall be empowered and required to implement the plan on a continuing basis. 22. Applicant shall pay a traffic mitigation fee, if applicable, in an amount to be approved by the City Council. O Draft PC Minutes of April 28, 1993 Page 11 23. Applicant shall pay $56,000 as the project's total contribution toward the Broad Street Annexation's EIR mitigation measures, prior to issuance of a building permit or final map approval, whichever comes first. Project specific mitigation measures, such as the Industrial Way traffic signal, are not included as a part of this contribution. 24. Construction of the buildings and site improvements may be phased, in accordance with a phasing plan approved by the Community DevelopmentDirector as part of the PD final development plan. Commr. Peterson seconded the motion. After more discussion, Commr. Peterson withdrew his second. At this time, Commr. Whittlesey seconded the motion. VOTING: AYES: Commrs. Senn, Whittlesey, Hoffman, Williams, Karleskint NOES: Commrs. Cross and Peterson ABSENT: None The motion passed. Commr. Williams moved to recommend approval of Tract 2133 (City File No. TR 191-92) to the City Council, based on findings and subject to conditions, as follows: Findings 1. The design of the subdivision and proposed improvements are consistent with the general plan. 2. The site is physically suited for the type and density of development allowed in the C-S-PD zone. 3. The design of the subdivision is not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 4. The design of the subdivision will not conflict with easements for access through (or use of property within) the proposed subdivision. 5. The proposed project has been granted a negative declaration of environmental impact based on various mitigation measures being incorporated into the project, as identified in the ordinance approving Planned Development Rezoning PD 191- 92. Draft PC Minutes of April 28, 1993 Page 12 Conditions 1. Subdivider shall obtain approval of rezoning application PD 191-92. 2. This vesting map shall confer a vested right to proceed with development in accordance with the ordinances, policies and standards described in Section 66474.2 of the Subdivision Map Act, and including all provisions of the ordinance approving Planned Development Rezoning PD 191-92. Environmental impact mitigation measures identified in the ordinance approving Planned Development Rezoning PD,191-92 shall be conditions of approval of this vesting tentative map. 3. Subdivider shall dedicate vehicular access rights along Broad Street, except for one driveway located as shown preliminary development plan for PD 191-92. 4. Subdivider shall provide common driveway and parking easements and agreements to the City for approval and recordation. Agreements shall be consistent with the preliminary development plan for PD 191-92, and in a form approved by the Community Development Director. Commr. Hoffman seconded the motion. VOTING: AYES: Commrs. Senn, Whittlesey, Peterson, Hoffman, Williams, Karleskint NOES: Commr. Cross ABSENT: None The motion passed.. C,l wb mai 0 mL • m m b >.w L I 'O mcmE0 41 roro Ty In L .+ 4,10 mUc prosmiWi N •.40 L to m 0% Iro In W O In + c s ++ In m.�4 +m + U m y (mj 1d0'O m w m ,a Ai w o +r a41Cm c m m O 03:m os 4 O (A4 3 - mEp4 = m Z E yO,y . c�m y i o � w �o + w 4 O 7mm w . 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't y 4 0% W .0 0 C w R R w 0 0-4 y m 2-4 7E .0 O r+ m W c w ZCR 04 E 41 .0 -4 w t +i m 0 O+ ro F>� Z-4 c m -C U W m u-1 w y 3 44 m m E+ M: 1NG AGENDA DATE 2-111 M Q COPIES TO: ❑' Action �❑ FYI " Council CDD DIR CAO ❑ FIN.DIR. 'ACAO ❑ FIRE CHIEF 6�JfATTORt�1 ❑ FW DIR cr1 C1 II2K/OR?G. ❑ POLICE CI-L ❑ MGb17.T'ui}-1_C)..REC.DIP. ❑��DFLc' ❑❑ LMLDIP, May 3, 1993 To the City Council, Enclosed are signatures from 150 households in our area of Santa Lucia Hills. These signatures were in response to the original presentation of the Marigold Shopping Center at a public meeting at the City Library. Since that time, the developers (at a Planning Commission Hearing) , have added a cement strip that will allow only right-hand turns onto Tank Farm Road in and .out of the center. THIS CHANGE SATISFIED MOST OF OUR CONCERNS. CBut, I felt I would send these signatures on to you and your colleagues in case there is a revision to the proposed "right-hand turn only." r MARY SHEEAN REC;kii VEL) MAY 17 1993 CITY SANLUIS CO ISPO, CA� Dear Mayor Pinard and City Council , - We, the undersigned are residents of Santa Lucia Subdivision. We wish to express our concern over the entrance/exit onto Tank Farm Road from the proposed Marigold Shopping Center. Tank Farm .Road (between Broad Street and Orcutt Road) runs through a purely residential neighborhood. Tank Farm Road is also the route for our school buses , City Transit Line, and pedestrians. The proposed center has designed three other entrances/.exits, two off Industrial. Way and the main one or. Broad Street. Both Broad Street and Industrial Way are situated in a "Commercial" zone. We ask that the entrance/exit onto Tank Farm Road be eliminated for the following four very important reasons : ( 1 ) The safety of our pedestrians , especially children who will need to cross to go to our newly developed neighborhood park. ( 2 ) The noise and pollution from commercial vehicles (delivery trucks ) . ( 3 ) The residential vehicular traffic on Tank Farm Road is not compatible with large transit trucks with slow and - :ard turning movements. ( 4 ) This is our neighborhood and wedo not want this exit/ entrance. NA-14E prefer . ke ADDRESS PHONE ru Mil er pedRlhY,uv, J\ `f(S3 Pokse.4c�z- `f/7 3 OZAI 6�(=ZZAI 55/3"��8-3 5q4- %Rnl e j eta . 2.c5" /- o� le Ll ARI--ra4lvvd� NAME nn ADDRESS PHONE —I Ur,D vt . ant, Jv4(o ymy)aw' C 4 3-.sz�3 C%$ - o ao J.;��� � c�,�•U ����//3�5`7 div,n S z�7"�,,�/ Shy - S—/u3 7-714, 5 y/-4,//C1 i5-0 a - 5 C ` ft-0, 7 3 J 1 — rU n �-�•d - �13z I NAME ADDRESS PHONE L CLPYA�10 1113 TUI—IP Cr. � 1—Dg2GJ • z L-n, see,.. �9 i 3 f/t� G✓ s �ei,_y �, rya, 4'S3 _,; M 5 -O&FG Lk G,L ,g 1-9673 i 3a l ct y9s s .L, � C, �f(L)c ® NAME ADDRESS PHONE Lj S sem/ -? ?.s 7-2,)1- l CBrs�2� Sit 3-8SS8 4fnLn S-47-1r14 IPA Q � 403 s 1tf�✓�, ,�Ld S� -3s� -- �� Dear Mayor Pinard and City Council , - We, the undersigned are residents of Santa Lucia Subdivision. We wish to express our concern over the entrance/exit onto Tank Farm Road from the proposed Marigold Shopping Center. Tank Farm Road (between Broad Street and Orcutt Road) runs through a purely residential neighborhood. Tank Farm Road is also the route for our school buses , City Transit Line, and pedestrians. The proposed center has designed three other entrances/exits , two off Industrial Way and the main one on Broad Street. Both Broad Street and Industrial Way are situated in a "Commercial" zone. We ask that the entrance/exit onto Tank Farm Road be eliminated for the following four very important reasons : ( 1 ) The safety of our pedestrians , especially children who will need to cross to go to our newly developed neighborhood park. (2 ) The noise and pollution from commercial vehicles (delivery trucks ) . ( 3 ) The residential vehicular traffic on Tank Farm Road is not compatible with large transit trucks with slow and awkward turning movements . ( 4 ) This is our neighborhood and we do. not want this exit/ entrance. NAME r ADDRESS PHONE tu AZA (0 3T Ykomw C-1 oZ� 1iJxse� .J ey- sY�f-/oYG 2— 4 r Dear Mayor Pinard and City Council , ® We, the undersigned are residents of Santa Lucia Subdivision. tie wish to express our concern over the entrance/exit onto Tank Farm Road from the proposed Marigold Shopping Center. Tank Farm Road ( between Broad Street and Orcutt Road) runs through a purely residential neighborhood. Tank Farm Road is also the route for our school buses , City Transit Line, and pedestrians. The proposed center has designed three other entrances/exits , two off Industrial Way and the main one on Broad Street. Both Broad Street and Industrial Way are situated in a "Commercial" zone . We ask that the entrance/exit onto Tank Farm Road be eliminated for the following four very important reasons: ( 1 ) The safety of our pedestrians , especially children who will need to cross to go to our newly developed neighborhood park. ( 2 ) The noise and pollution from commercial vehicles (delivery trucks ) . ( 3 ) The residential vehicular traffic on Tank Farm Road is not compatible with large transit trucks with slow and Cawkward turning movements. ( 4 ) This is our neighborhood and we do not want this exit/ entrance . NAMFD ADDRESS PHONE � G q 73 L� � Com' f F / i I e) /Y/ , �� NAME ADDRESS PHONE JAMES waa0 ES70 AI ssKm Ci-- L i sy3-oy�� -«� 7 94> f Syi "333.2 6o3 !. ^ Ci(l /i CCS/'(F� 5 J l M,7b) 41-U 1 z ' d Ct, �Ss7os 363 1 ha 21 9171 D"LM un 9 lvkV� I S K u m �_ -�, T1/n _ L ,o 0 NAME ADDRESS PHONE si Sy3 - 35.sS syl - 695 z ��3 ✓ �u��uh lie«— �5Y1 -3Cc�5 ice.. �-c Dear Mayor Pinard and City Council , We, the undersigned are residents of Santa Lucia Subdivision. J We wish to express our concern over the entrance/exit onto Tank Farm Road from the proposed Marigold Shopping Center. Tank Farm Road (between Broad Street and Orcut.t Road) runs through a purely residential neighborhood . Tank Farm Road is also the route for our school buses, City Transit .Line, and pedestrians. The proposed center has designed three other entrances/exits, two off Industrial Way and the main one on Broad Street. Both Broad Street and Industrial Way are situated in a "Commercial" zone. We ask that the entrance/exit onto Tank Farm Road be eliminated for the following four very important reasons : ( 1 ) The safety of our pedestrians, especially children who will need to cross to go to our newly developed neighborhood park. ( 2 ) The noise and pollution from commercial vehicles (delivery trucks ) . ( 3 ) The residential vehicular traffic on Tank Farm Road is not compatible with large transit trucks with slow and awkward turning movements. ( 4 ) This is our neighborhood and we do not want this exit/ entrance. NAME ADDRESS PHONE "g y- 33Z �kiZ 1 M g ,53 I,-71 987 13t,-y3 ZigS MPMNG AGENDA ITEM # ' COPIrSI�: F R R A9 D E S 1 G N G R O U P n r,,�•„�ME= �j irclritcdmt Planrrn 6r�ir eerie • lr;;rriors Lnnd iglu .ir'ihrh°ihrrc �" n FYI CDD DIR, ❑ FIN.PIR May 19, 1993 ❑ FIRECHIEF � ❑ FFV DIR. WCLMIC/ORiG. ❑ POUCECIi ❑ MGMT.7Z AA IJ REC DIR. Mayor Peg PinardO cyR£,�� ❑ UnL ba City of San Luis Obispo ❑ 990 Palm Street San Luis Obispo, CA 93401 RECEIVED RE: MARIGOLD CENTER, PLANNED DEVELOPMENT FINDINGS MAY 2 41993 Dear Mayor Pinard: CITY COUNCIL SAN LUIS OBISPO, CA I have prepared this letter in order to provide background to the City Council regarding Marigold Center and to address the findings required for the "PD"Planned Development zoning suffix being requested. Background Marigold Center is proposed on approximately 17 acres of land which is comprised of 3 existing parcels. The individual parcels consist of two 6 acre parcels (Jones property) and one 5 acre property (French property). Marigold Center does not include a strip of land approximately 100 feet deep which fronts along Poinsettia Street and is designated for residential lots. The Marigold Center property was recently annexed to the City and zoned C-S-S. Marigold Center does not include the boat yard property which was investigated but which is not reasonably available. The request for "PD" zoning was made after filing an initial request for C-S-MU zoning. The applicants considered for several months which designation to pursue and held several meetings with City staff to try and understand the pros and cons of both. The decision to seek "PD"zoning was based upon the following primary factors:: 1. - The administrative burden of use permits for each use which appears to be a requirement of the "MU zone, and 2. The fact that off-site housing is seen by the applicants and major tenants as more appropriate than on-site housing which appears to be a:significant consideration of the "MU" designation. As we expressed to staff on several occasions, and to which they agreed, these zoning designations appear, on the surface, very similar and either could probably be appropriate. The major tenants of the Center are proposed to be a Williams Bros. Market (Bldg. G), Orchard Supply Hardware (Bldg. M), and a third major, hopefully a drug store (Bldg. J). Agreements are in place with Williams Bros and Orchard Supply Hardware. Orchard.Supply Hardware has been seeking a site in San Luis Obispo for over 4 years. The existing:Williams Bros store on Broad Street-will close upon the opening of the new "store in Marigold Center. The site of the existing Williams Bros store will also be rezoned. Another significant tenant is in progress with commitment for building "D", Blockbuster Video. uc6 South I igurra Street,San Luis Misr-..California 91.101 Hui/;4i-1794 tol_ - I'll,',:reel.Aio,feet",Cahfuruia 95354 209 q44-171,4 Mayor Peg Pinard Page 2 May 19, 1993 Marigold Center will widen and improve Broad Street and Industrial Way, including signalization of the Broad Street/Industrial Way intersection. The project will include a bus tum-out and bus shelter on Broad Street. It will be accessible for both pedestrians and.bicyclists from the adjacent neighborhood. Marigold partners sponsored a neighborhood meeting at the City/County Library on March 25, 1993, inviting approximately 1,000 residents. We reviewed the project and asked for comments regarding the project. A major existing topic of concern to the neighbors is traffic speed and pedestrian safety when crossing Tank Farm Road. Marigold Center is proposed to-be subdivided to accommodate purchase of store sites and parking by the major tenants. Parking is shared via easement and CC&R's. Management coordination is accomplished by CC&R's and development agreements. The following is a description of the findings for the "PD" designation of Marigold Center. This evaluation addresses a total of 11 criteria outlined in Section 17.62.040 A. 1-6 and C. 1-5. The first set of findings A. 1-6 are general in nature. The second set of findings C. 1-5, although seemingly written to address large scale office uses, seem to be more appropriate for judging Marigold Center which is a commercial project. The.fundamental purpose of the PD request (or MU as an alternative) is to remedy the problem that the C-S zone does not appear to accommodate the 3 anticipated major tenants -- a grocery store, drug store, and Orchard Supply Hardware. It does not appear that the CN zone would accommodate these uses either depending on the use definition of Orchard Supply Hardware. In addition, General Plan policies may preclude C-N centers in excess of 5 acres. However, the City has approved centers in this zone in excess of this size limitation. The flexibility for uses within the PD designation can resolve these issues and accommodate the proposed mix of commercial uses. Marigold Center replaces a center approved by the County at the site of the existing Williams Bros Market. Marigold Center will provide a superior location, superior planning, superior traffic logistics, superior mitigation, and a superior mix of commercial uses to serve the nearby residential areas. Planned Development Findings: A.1. Marigold Center proposes a mix of uses tailored to serve the needs of a new neighborhood of the City (Edna/Islay ±1,100 homes) which presently does not have adequate or convenient facilities available. It will also serve the existing country Club and Rolling Hills area (±800 homes) which does not have commercial services available. Marigold Center will provide superior accessibility to nearby residents in comparison to the County approved center.. A.2. Not applicable' , Q Mayor Peg Pinard Page 3 May 19, 1993 A.3. Marigold Center has offered a. gift of $100,000 to the City Housing Authority. The applicants have discussed the pro's and con's of on-site and off-site housing contributions. In discussion with the Housing Authority staff and Board, the applicants, as well as the Housing Authority, determined that a gift to the Housing Authority would provide a more needed housing type, family units, than on-site housing likely to be occupied by single tenants. Presently,the City has no ordinance requiring commercial development to provide fees or housing mitigation. A.4 The proposed project exceeds City setback standards by 34 times along the Broad Street frontage, providing a generous landscape appearance. Both pedestrian and bicycle access is provided into the Center from the adjacent residential area. The project architectural design is compatible with the immediate area and Edna Valley entry to the City. The Center contains covered canopy walkways and public seating/relaxation areas as a part of the project design. The project includes public transit as a part of the Broad Street improvements. ARC schematic approval was granted on March 1, 1993. C A.5. Project landscape irrigation is proposed to be by groundwater with drought tolerant landscape. Energy systems will meet or exceed California Title.24 requirements. The project is expected (per Broad Street annexation EIR) to reduce vehicle miles traveled and hence reduce energy consumption by nearby-residents seeking services closer to home. The project also includes public transit facilities (bus stop and shelter). A.6. The project provides generous landscape areas along the Broad Street frontage, a major entryway to the City. C.1. The project is compatible with other land uses in the area and includes mitigation measures to buffer from adjacent residential use to the east. C.2. The project access is directed primarily to Broad Street which is.an arterial. Access is available on Tank Farm Road (also an arterial) in order to provide convenient access to nearby residents. A professional traffic analysis performed on the project indicated mitigation measures needed which are incorporated into the project description. No vehicle access is proposed on to residential frontage local streets. C.3. The project includes all of the design measures listed in this criteria to buffer the residential area to the east. C.4. The project is primarily commercial, although limited (7,000 s.f.) local serving office uses are proposed. The uses are limited to less than 2,000 s.f.individually,7,000 s.f.in aggregate and represent ±4% of the total Center. C.5. C-S zoned land exists as a very large portion of the City inventory of vacant land. Marigold Center replaces a previously approved center which is also zoned C-S and will remain available for C-S uses in a more suitable location than the Marigold Center site which is well suited to the proposed commercial use. _1 _J Mayor Peg Pinard Page 4 May 19, 1993 In summary, Marigold Center is well sited for the proposed uses to provide services needed by nearby residents. The"PD" suffix allows a mix of uses which does not appear to be accommodated by any single appropriate, commercial zone. Marigold Center will be superior to the center. approved by the County and inherited by the City. Major tenants are committed to this project and anxious to provide facilities needed in this area of our community. Marigold Center incorporates recommended mitigation measures well beyond the minimum standards and gives back to the community as a good neighbor. Please don't hesitate to contact me if you have questions (543-1794). Sincerely, RRM DESIGN GROUP Victor Montgo Chief Exe ve cer cc: Rossetti e Priske m Ste (Vons) isher (OSH) G. Moylan, City Housing Authority G. Smith, City SLO Planning John Mack, RRM Chris Ford, RRM City Council Members c/vm-marig.pc