HomeMy WebLinkAbout02/00/1990, - COURT ST CENTER FINDINGS CONDITIONS FOR APPROVAL EXHIBIT . D
FINDINGS AND CONDITIONS FOR APPROVAL OF
PLANNED DEVELOPMENT REZONING PD 1418, COMMONLY KNOWN AS
COURT STREET CENTER, 999 MONTEREY STREET J
Findines
1. The proposed uses will not adversely affect the health, safety, and welfare of
persons residing or working on the site or in the vicinity.
2: The uses are appropriateat the proposed location and will be compatible with
surrounding land uses.
3. The proposed project conforms to the General Plan and Goals For Downtown.
4. The Court Street Center Final EIR adequately addresses the projects potential
environmental impacts, and complies with the city's Environmental Guidelines and the
California Environmental Quality Act as amended.
5. Significant environment impacts resulting from the project will be'mitigated to
acceptable levels through the inclusion of mitigation measures listed in Table 1.1=1.
of the Court Street EIR, and incorporated into the recommended conditions of
approval; or that potential impacts in connection with parking, construction and
traffic noise, view and sunlight blockage, undercity culvert stability, and fire
protection are either unavoidable, or substantially mitigated and are acceptable due
to the following overriding considerations:
A. Public benefits provided by the proposed project, including on-site public
parking, significant public open space, child care facilities, direct and
indirect economic benefits to downtown, and street and utility improvements
outweigh-the unavoidable adverse environmental effects.
B. Providing the total number-of required parking spaces on-site would make the
project infeasible, and would be inconsistent with Zoning Regulations and city
policies regarding parking requirements in the C-C zone.
C. The unavoidable adverse impact of construction noise is temporary in nature and
can be substantially mitigated by implementation of a construction management
plan including which regulates hours of construction, noise reduction measures,
and a complaint resolution process.
D. Traffic noise impacts are the result of citywide and regional traffic increases,
and are not substantially project related.
E. Structural condition of the undercity culvert will be evaluated by a qualified
professional, and appropriate measures included in the project design to protect
the culvert.
Findings and Conditions, PD 1418
Page 2 .
6. The planned development meets the following criterion, as required by Section
17.62.040 of the Zoning Regulations:
A. The proposed project provides exceptional public benefits such as parking,
open space, landscaping, public art, and other special amenities which would
not be feasible under conventional development standards.
Conditions
Plans. Studies, Aereements
1. Within six months of preliminary development plan approval, the applicant shall
file a final development plan as required by the Zoning Regulations, and
incorporate site development and architectural plans, landscaping improvements,
development phasing plans, partial Court Street abandonment and improvement plans,
and public street and utility improvement plans.
2. Prior to building permit issuance, the applicant shall apply for partial street
abandonment of Court Street, and the City Council shall have adopted a final
resolution of abandonment as shown in the final PD development plan.
3. Applicant shall enter into a long-term ground lease with the City specifying the
terms and conditions of the planned development, proposed land uses, building
management procedures, retail marketing plan, lease payment and/or equity
participation provisions, use of public spaces or amenities, and such other
components as reasonably necessary to identify the rights and responsibilities of
the parties in the lease, to the approval of the City Administrative Officer.
4. Prior to construction permit issuance, applicant shall provide the City with a
financial statement including pro forma, names and addresses of financial
participants, and tenant lease commitments, to the approval of the City
Administrative Officer.
Desien Features
5. Court Street shall be designed as a pedestrian mall with emergency and service
vehicle access, and shall include decorative paving, landscape planting,
decorative lighting and signage, public art, and similar architectural features to
enhance its appearance and function, to the approval of the Architectural Review
Commission, City Engineer, and Fire Marshal.
6. Public amenities shall be provided in conformance with the final PD plan,
including but not limited to interior atrium. public art, child care facility,
public balconies, art gallery, and public parking facilities, to the approval of
the Community Development Director. -
7. A combination of building setbacks, balconies. wall openings, and similar
architectural features shall be used to provide a stepped building profile, in
conformance with the final PD plan and to the approval of the Architectural Review
Commission. '
Findings and Conditions, PD 1418
Page 3
8. Applicant shall relocate existing trees and memorial placques to another suitable
site in the city. Where relocation is determined to be horticulturally infeasible
by the City Arborist, the developer shall,plant two 36" box sized replacement
trees offsite for each tree removed. Tree type and placement shall be to the
approval of the Tree Committee.
9. Lap pool shall.be solar heated, and passive or active solar space and water
heating shall be used, and natural ventillation shall be used to the maximum
extent feasible; or the applicant shall demonstrate why such heating is
infeasible, to the approval of the Community Development Director.
10. . Building design shall architecturally incorporate traffic signal controllers at
the Monterey and Osos Street, and. Higuera and Osos street intersections.
11. Mid-block bulbouts shall be installed on both sides of Monterey Street at Court
Street, consistent with the city's Downtown Improvement Manual and to the approval
of the City Engineer. If offsite parking is provided, applicant shall also
provide amid-block bulbout on both sides of Higuera Street at Court Street, to
the approval of the City Engineer.
12. Project shall require Architectural Review Commission approval. At such review,
the commission should pay special attention to signing, building setbacks and
massing, colors and materials, Court Street pedestrian mall design, lighting,
underground garage security measures, and noise and privacy separation between the
project and the adjacent residential use.
13. Project shall include a public art gallery or other public use or non-profit
cultural facility with a net floor area of not less than 1,200 square feet.
Applicant or a non-profit arts organization shall be responsible for gallery
operation and maintenance, to the approval of the Community Development Director;
14. Mission-style sidewalks, curbs, gutters shall be provided on Higuera, Monterey,
and Osos Street Frontages.
Parking and Circulation
is. The project shall provide parking in conformance with city standards. As
proposed, 244 vehicle parking spaces are required for the planned uses, plus an
additional 118 vehicle parking spaces to replace the existing public parking lot,
for a total parking requirement of 362 vehicle parking spaces, plus 18 motorcycle
and 18 bicycle parking spaces. Parking requirements may be met as follows:
A. Applicant providing not less than 118 public vehicle parking spaces plus
bicycle and motorcycle parking on-site, with the balance of the parking
requirement met through payment of in-lieu parking fees in one lump sum
payment to the City; or
B. Applicant providing not less than 118 public vehicle parking spaces plus the
required number of bicycle and' motorcycle parking spaces off-site, with the
balance of the parking requirement met through payment of in-lieu parking f
fees in one lump "sum payment to the City; or
Findings and Conditions, PD 1418
Page 4
C. Applicant to provide not less than 118 public vehicle parking spaces and
required number of bicycle and motorcycle spaces on- or off-site as provided
above, with the balance of the parking requirement met through development
of additional downtown parking or enhancement of public transit facilities
or programs, in an amount equal to the in-lieu fees otherwise required; or
D. Lease or purchase of the total required parking spaces in a commonly held
and maintained off-site parking public or private parking lot to serve the
project; or
E. A combination of the above measures or other measures acceptable to the City
Council which meet the intent of the city's downtown parking regulations
(SLOMC 17.42.020), and provides replacement parking for the existing
118-space surface parking lot.
16. Applicant install or repair frontage improvements along the west side of Osos
Street, including sidewalks, curbs, and pavement, to the approval of the City
Engineer.
17. Applicant shall install fiftccn-foot radius curb returns at the westerly corner of
Higuera and Osos Streets, and at the southerly corner of Higuera and Osos Streets,
to the approval of the City Engineer.
18. Court Street shall be designed as a one-way street with a minimum width of 25
feet, and shall be at least 30 feet wide for at least 80 feet of its length. It
shall be designed to accommodate trash pick-up and emergency vehicles, with
traffic control devices to limit its use to authorized vehicles, to the approval
of the City Engineer and Fire Marshal.
19. Applicant shall repair streets and other right-of-way improvements damaged during.
construction,.including pavement, curb, gutter, sidewalk, signs, traffic signal
controllers, street lights, street trees, and utilities, to the approval of the
City Engineer.
20. Enclosed bicycle parking shall be available free of charge to employees. Such
parking for a minimum of 15 bicycles shall be located on—site to the approval
of the Community Development Director.
21. Showers and clothing lockers shall be available free of charge to ali employees
who bicycle to work on a regular basis (at least three days per week). Employees
shall be notified of the availability of showers and clothing lockers at least
semi-annually, and the applicant shall be responsible for providing and
maintaining at least four shower stalls and thirty clothing lockers on site.
Findings and Conditions, PD 1418
Page 5
22. Applicant shall institute a transportation systems management plan to reduce
parking demand, to the approval of the Community Development Director. The plan
shall include no less than two of the following measures: subsidies to employees
using public transit, provision of vehicles or subsidizing employee carpools of
two or more persons, hour or pay incentives for employees using alternative
transportation, and employee information programs on alternative transportation
programs. Evidence of compliance with the plan shall be submitted to the Director
annually, and the plan shall include a provision for fines for non-compliance.
23. Applicant shall provide a permanent transportation bulletin board, coupled with a
literature display in at least five prominent locations describing alternative
transportation available, to the approval of the Transit Manager.
24. Applicant shall coordinate with Transit Manager during project design and
construction to provide a transit shelter on or near the site.
25. In addition to standard City design reviews, the parking garage layout shall be
evaluated by a parking consultant to ensure adequate aisle and space widths and
geometries are provided for the safe and efficient flow of traffic, and the
results of the evaluation submitted to the City prior to building permit issuance.
Utilities
26. Applicant shall install the following water main improvements, to the approval of
the Utilities Engineer:
a. Replace 4" water main in Higuera Street with a 10" main between Osos and
Court Streets.
b. Replace 6" water main in Monterey Street. with a 10" main between Osos and
Morro Streets.
Note: City plans to install an 8" replacement water main in Court Street as part of the
Capital Replacement Program, and applicant shall coordinate construction with City work.
27. Applicant shall install two new fire hydrants, and replace three undersized
hydrants to serve the project and to ensure adequate fire flow is available, to
the approval of the Utilities Engineer and the Fire Marshal.
28. Applicant shall contribute toward cost of upgrading sewage treatment facilities on
a pro rata basis in an amount not to exceed $7000.00, as determined by the
Utilities Engineer.
29. Applicant shall submit a water conservation plan describing construction,
operation, and maintenance measures to be followed to achieve at least a 15%
reduction in water consumption annually compared with average water demand factors
for similar uses in the city. Plan shall also include provisions for fines, water
fee surcharges, or comparable measures for non-compliance, to the approval of the
Community Development Director. p
-O
Findings and Conditions, PD 1418
Page 6
Public Safety
30. Applicant shall maintain a 20-foot wide fire lane in Court Street, to the approval
of the Fire Marshal and City Engineer.
31. In addition to standard UBC and UFC requirements, the building shall be
constructed using the "high rise package" as set forth in the Uniform Building
Code Chapter 18, Section 1807. This shall include a specialized alarm system with
a graphic annunciator panel (zone indicating), video monitors at stairwells and
main assembly areas on each floor, and a computer-generated, voice-assisted
evacuation system.
32. The fire department connection for Anderson Hotel on Court Street shall be
relocated and/or connected to the service on the Monterey Street frontage, to the
approval of the Fire Marshal.
33. Traffic control systems such as the "Opticom" priority control system or equal,
shall be installed at six downtown intersections to improve emergency response, to
the approval of the Fire Marshal.
34. Two additional mobile telephone units such as "Smartnet" units or equal shall be
provided, to the approval of the Fire Marshal.
35. All building stairwells shall be designed to provide roof access, thereby allowing
multiple access points for Fire Department aerial ladders, to the approval of the
Fire Marshal.
36. A security plan shall be submitted, to the approval of the Police Department. The
plan shalt include design, operation, and education measures to enhance building
security and crime prevention, such as parking garage/Court Street access and
monitoring, locks and alarm systems, security lighting and signage, and the
installation of at least two pay phones with 911 emergency response capability in
the parking garage.
37. Applicant shall submit a noise attenuation evaluation, prepared by a qualified
professional, prior to building permit issuance. It shall include design
recommendations to insure that the project conforms to noise standards as
established in Chapter 9.12 of the Municipal Code.
38. Appropriate noise attenuation measures shall be incorporated into the project to
minimize noise transmission adjacent or into Court Street, to the approval of the
Chief Building Official. All rooftop or wall-mounted "mechanical equipment shall
be muffled.
39. Live music or entertainment shall require prior approval by the Police Department
and Community Development Director. Failure to comply with the City's noise
standards or security plan provisions may constitute grounds for revocation of the
approval. -
I
Findings and Conditions, PD 1418
Page 7
Water Oualitv and Flood Protection
40. Site drainage shall be designed to the approval of the City Engineer, including:
a. Erosion control devices shall be installed to retain sediment and reduce
runoff from the site during construction.
b. A system of pumps and grease and oil separator or separators shall be
installed in the basement parking garage to prevent discharge of flammable
or toxic materials into the the creek, to the approval of the City Engineer
and Fire Marshal. Applicant shall clean and maintain the separators on a
regular basis (not less than once every six months or more often as
necessary) to insure their effectiveness.
C. Flapgates or valves shall be installed in the storm drains to prevent creek.
water from backing up into the parking garage during high creek flows.
d. The structure must be designed so as not to adversely affect the undercity
creek culvert, to the approval of the City Engineer. The culvert wall and
deck adjacent to the site shall be inspected before, during, and after
construction periodically to evaluate their condition, and to recommend
_ appropriate protection measures. The results of such inspections submitted
to the City Engineer.
e. Applicant shall be responsible to repair any damage to the culvert as a
result of grading or construction, to the approval of the City Engineer.
41. The structure is located in Flood Zone A-O (depth = 2 feet). It must be raised or
floodproofed to one foot above the 100-ycar storm elevation, including utilities
and other facilities as required by the Flood Hazard Prevention Ordinance, to the
satisfaction of the City Engineer.
42. Prior to building permit issuance; a registered civil engineer shall certify that
the project complies with flood regulations, and supply calculations indicating
the effects of this project on adjacent properties during a• 100-yr. storm.
43. Engineering soils and geology reports shall be submitted prior to building permit
issuance, to the approval of the Chief Building Official. All requirements of the
soils engineer and/or engineering geologist shall be met, and are incorporated
herein by reference.
Site Preparation .and Construction
44. Grading and construction plans shall be accompanied by a parking and construction
management plan describing measures to be followed to minimize temporary parking,
noise, dust, and traffic impacts during construction. The plan shall also include
a developer-managed complaint resolution process to monitor compliance with the
i plan and to act on citizen inquiries or complaints.
Findings and Conditions, PD 1418
Page 8
45. Construction vehicle traffic shall use only city-approved truck routes, and no
construction equipment shall operate on the Higuera, Osos, or Court Street bridges
(creek culvert) without specific approval by the City Engineer.
46. Dust abatement procedures, including moistening exposed soils and moistening or
covering loading trucks entering or leaving the site are to be used during site
preparation and construction. Applicant shall specify in grading plans that City
Engineer may suspend work if dust generation, tire tread dirt or mud on streets,
site runoff, construction worker parking, or noise create a nuisance or hazards to
neighboring persons, properties, streets, or businesses.
47. A construction traffic impact fee will be required prior to building permit
issuance, to reimburse City for damage to streets by project-related construction
traffic, as determined by the Public. Works Director.
48. Grading plans shall include a note that a qualified archeologist is to be on site
at all times during site excavation and grading. Work shall stop upon discovering
any cultural resources to allow the archeologist to assess the find and recommend
appropriate measures.
49. Construction shall commence within 12 months of final development plan approval,
and continue in a timely fashion with the project completed in a single phase.
Applicant shall post a bond to guarantee faithful performance of contract
documents, to the approval of the Community Development Director.
Miscellaneous
50. Applicant shall submit a plan outlining procedures for maintaining Court Street,
public interior spaces, and the parking garage in a.clean, safe, and orderly
manner, to the approval of the Public Works Director; and shall agree to reimburse
extraordinary city maintenance costs resulting from non-compliance with the plan.
51. A subsurface testing program shall be performed by a qualified archaeologist prior
to construction to determine the contents, condition, and significance of cultural
resources at the site. Applicant shall prepare a contingency plan to preserve
significant cultural resources and accommodate potential construction delays
resulting from their assessment and removal.
52. Applicant shall install an historical marker on or adjacent to the building and
visible from a public street, documenting the site's historical and cultural
significance, to the approval of the Cultural Heritage Committee.
53. Lockable traffic control devices shall be installed at both ends of Court Street,
with designated Loading Zones on Higuera and Monterey Streets; and the applicant
shall be responsible for managing delivery and loading access. Court Street and
the building shall be designed to allow 24-hour emergency access by police and
fire personnel and vehicles.
54. Precise development plan shall be submitted for Planning Commission and City
Council review and approval prior to building permit issuance.
i
Findings and Conditions, PD 1418
Page 9
55. Public access to upper story open areas (eg. view decks and balconies) should be
provided to the maximum extent practical;,provisions for such public access shall
be included in the precise plan and lease agreement.
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