The URL can be used to link to this page

Home My WebLink About1186ORDINANCE NO. 1186 (1991 SERIES) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE OFFICIAL MAP TO REZONE A PORTION OF THE PROPERTY AT 2877 SOUTH HIGUERA STREET FROM C -S -S AND C /OS -40 TO C -S -PD AND APPROVING A PRELIMINARY DEVELOPMENT PLAN FOR LARGE OFFICES (APPLICATION PD 1488) WHEREAS, the Planning Commission conducted a public hearing on application No. PD 1488 on January 30,1 1991, and recommended approval of the application; and WHEREAS, the City Council conducted a public hearing on March 19, 1991, and has considered the testimony and statements of the applicant, and other interested parties, and the records of the Planning Commission hearing and action, and the evaluation and recommendation of staff; BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Rezoning The council approves application No. PD 1488, thereby amending the Official Zoning Map designation for a portion of the site from Service Commercial - Special Considerations (C -S -S) and Conservation/ open Space - 40 -acre minimum lot size (C /OS -40) to Service Commercial - Planned Development (C- S -PD) , and approves the preliminary development for a large office planned development, as shown on Exhibit A attached, based on the following findings and conditions, and including the following exception to the Grading Ordinance Standards: SECTION 2. Findings 1. The project will be compatible with existing and allowed land uses in the area. 2. The project's location or access arrangements do not significantly direct traffic to use local or collector streets in residential areas. 3. The project will not have impacts related to noise, light and glare, and loss of privacy, on nearby residential uses. 4. The project does not preclude industrial or service commercial 0 1186 Ordinance No. 1186 (1991 Series) PD 1488 Page 2 uses in areas especially suited for such uses when compared with offices. 5. The project does not create a shortage of C -S and M zoned land available for service commercial or industrial development. 6. A negative declaration for the project is hereby approved for the project, based on incorporation of the following mitigation measures into the project description: Recommended Transportation and Circulation Impact Mitigation Measures: 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. Monitoring: The property owners association shall report to the Community Development Director annually on compliance with the on -site trip reduction plan. Recommended Plant Life Impact Mitigation Measures: The site shall be surveyed by a qualified botanist during the spring of 1991, prior to issuance of any permit for grading or construction of the project is issued. If any evidence of rare or endangered plant species is discovered, a new initial study shall be prepared which evaluates the new information in accordance with applicable provisions of CEQA and local environmental review guidelines. Recommended Aesthetic Impact Mitigation Measures: The visual impact of the structure has been acceptably mitigated by design revisions incorporated in the plans submitted for review by the City Council at their March 4, 1991 hearing. Those plans, which are on file in the Community Development Department office, are incorporated by reference. SECTION 3. Conditions 1. Except as otherwise noted in these conditions of approval, all zoning regulations for the C -S zone shall apply. 2. "Offices (professional)" shall be considered an allowed use in this planned development, subject to compliance with the square footage and any other limitations specified in these Ordinance No. 1186 (1991 Series) PD 1488 Page 3 conditions of approval. Utility company administrative offices which do not involve significant public contact shall be allowed. 3. More than one office tenant may occupy office space on the site, but no single tenant may occupy less than 2500 square feet of adjacent, interconnected floor area. 4. Office - related uses which are prohibited by Section 17.22.010, Footnote 10, shall be prohibited: banks, real estate offices, financial institutions, medical clinics, doctors offices, and lawyers offices. Government offices shall be prohibited. 5. C•V The following uses which are otherwise permitted in the C -S zone are prohibited in this PD: Ambulance services Auto repair and related services Bars, taverns, etc. Carwashes Bus stations Cabinet and carpentry shops Contractors' yards Equipment rental Retail sales or rental of autos, trucks, motorcycles, RV's, boats, aircraft, mobile homes Service stations Tire recapping Trailer rental Trucking /taxi service Utility companies Corporation yards The following uses which are otherwise permitted in the C -S zone are only allowed in this PD subject to approval of an administrative use permit: Building and landscape maintenance services Exterminators and fumigators Feed stores and farm supply sales Laundry /dry cleaners Photofinishing - retail or wholesale Printing and publishing Repair services - appliances, locksmiths, saw sharpening, shoe repair Retail sales - building and landscape materials Retail sales - auto parts and accessories Warehousing, ministorage, moving company Wholesale and mail order houses Ordinance No. 1186 (1991 Series) PD 1488 Page 4 . 7. Applicant shall remove all off - premises signs (billboards) from the site, except the northern single faced billboards shown on Exhibit "A". If the applicant dedicates an open space easement pursuant to Condition 8, the.applicant shall submit an agreement for recordation acceptable to the City Attorney providing for removal of the northern single faced billboards at the end of the existing sign lease term. 8. Applicant shall dedicate to the city an open space and pedestrian easement over the entire area shown as Parcel 2 on the approved tentative map for Minor Subdivision 89 -096, to the approval of the Community Development Director, City Attorney, and applicant. The open space and access easements shall run with the land and provide the following limitations on land use or alterations: A. No structures or solid fencing shall be placed on or within said premises with the exception of receiving or transmitting equipment. B. No advertising of any kind shall be located within said premises. C. The general topography of the area shall be preserved substantially in its existing condition. No grading shall be allowed except as permitted by the Community Development Director. D. No removal of trees or vegetation except for fire protection or other hazards or elimination of diseased growth as approved by the Community Development Director. In lieu of dedicating an easement, the applicant is encouraged to dedicate Parcel 2 in fee title to the city for open space uses, and assign its interest in the sign lease specified in condition 7 to the City. If an open space easement is dedicated, applicant shall assign its interest in the sign lease specified in Condition 7 to the City, or if not legally permissible, shall execute an agreement binding on Applicant, its heirs, successors, and assigns pledging to contribute all lease payments or other compensation from said sign lease to the City's Public Art Program. 9. Open space area described in Condition No. 8 shall not be further subdivided. 10. 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 Ordinance No. 1186 (1991 Series) PD 1488 Page 5 and required to implement the plan on a continuing basis. The property owners association shall report to the Community Development Director annually on compliance with the on -site trip reduction plan. SECTION 4: Exception to Grading Ordinance Standards An exception to the Design Standards of Section 15.44.210 is hereby approved, allowing grading as shown on the preliminary development plan, on a site with an average cross slope in excess of 30 %, and where 100% of the site would otherwise be required to remain ungraded. The exception is approved based upon the following findings: A. This exception is subject to conditions which assure that it does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the same vicinity; B. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict literal application of the grading limitations is found to deprive subject property of privileges enjoyed by other properties in the vicinity. C. Under the circumstances of this particular case the exception is in conformity with the purposes of the Grading Ordinance as set out in Section 15.44.020. SECTION 5. A summary of this ordinance, approved by the City Attorney, together with the names of council members voting* for and against, shall be published 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. A copy of the full text of this ordinance shall be on file in the office of the City Clerk on and after the date following introduction and passage to print and shall be available to any interested member of the public. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at its meeting held on the 19th March 1991, on motion of Councilwoman Rappa day of , seconded by Mayor:_Dunin . .. , and on the following roll call vote: Ordinance No. 1186 (1991 Series) PD 1488 Page 6 AYES: Councilwoman Rappa, Mayor Dunin, and Councilman Reiss NOES: Councilmembers Pinard and Roalman ABSENT: None yor Ron Dunin ATTEST: City erk Pam V s _ • IT019MIF City A ministrative Officer A Community Devel6p ent Director Ordinance No. 1186 FINALLY PASSED this 3r 19 91on motion of Councilwoman Rappa Councilman Reiss vote: day of July , seconded by and on the following roll call r .AYES: Councilmembers Rappa, Reiss, and Mayor Dunin NOES: Councilmembers Pinard and Roalman ABSENT: None a Mayor Ron Dunin ATTEST: �� 5 �� , �� °� ��