HomeMy WebLinkAbout1197ORDINANCE NO. 1197 (1991 SERIES)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
APPROVING A PRELIMINARY DEVELOPMENT PLAN AND REZONING PROPERTY
AT 843 MUTSUHITO AVENUE FROM M TO R -3 -PD (PD 1518)
WHEREAS, the Planning Commission and the City Council have
held hearings to consider the appropriate zoning on the subject
property in accordance with Section 65800 et. seq. of the
California Government Code; and
WHEREAS, the Planning Commission has found the rezoning to be
consistent with the General Plan and recommends City Council
approval of the preliminary plan and rezoning; and
WHEREAS, the proposed plan and rezoning have been evaluated
according to the California Environmental Quality Act and the
City's Environmental Guidelines, and has been granted a negative
declaration (ER 15 -91); and
WHEREAS, the proposed rezoning promotes the public health,
safety, and general welfare.
NOW THEREFORE BE IT ORDAINED by the Council of the City of San
Luis Obispo as follows:
SECTION 1. Findings.
' 1. The proposed general plan amendment and PD rezoning are
consistent with the adopted policies in the Land Use and
Housing Elements.of the General Plan.
2. The proposed land use is appropriate at this location, and
will be compatible with existing and allowed land uses.
3. The planned development will not adversely affect public
health, safety and welfare.
4. The planned development provides more affordable housing than
would be possible with conventional development.
5. Features of the particular design achieve the intent of
conventional standards (privacy, usable open,space, adequate
parking, compatibility with neighborhood character, and access
to adjacent commercial uses) as well as or better than the
standards themselves.
SECTION 2. Environmental Determination. The proposed
preliminary development plan and rezoning have been evaluated under
the city's Environmental Guidelines and the California
Environmental Quality Act, and the council hereby affirms the
Community Development Director's determination that the project
will not have a significant adverse impact on the environment (ER
0 -1197
Ordinance No. 1197 (1991 Series)
Page 2
15 -91) provided that the following mitigation measures are
incorporated into the project:
Land Use
A. Developer shall provide a minimum setback of 20 feet from the
building walls or exterior patios for units 79 - 89 (Building
9) to the south and west property lines, with an
architecturally compatible fence or wall, and a 10 -foot wide
landscaped planter for visual screening and physical
separation.
B., Developer shall provide a minimum building setback of 20 feet
for unit 31, and provide a noise attenuation wall along the
property line between Mutsuhito Avenue and the north corner
of the proposed Orchard Supply Hardware (OSH) store to protect
residential uses from vehicle traffic and loading noise. The
noise wall shall be architecturally integrated with the
project using landscaping and architectural detail, to the
approval-of the Architectural Review Commission.
C. Residential units with wall openings facing the C -S zone shall
incorporate construction measures to ensure interior noise
levels do not exceed 45 dBa (Ldn) , to the approval of the
Chief Building Official. An acoustic engineer shall recommend
appropriate design measures for the units so that the 45 dBA
sound level is not exceeded, and these measures shall be
incorporated in the building plans. Such measures may
include, but are not limited to double glazing, reduced window
area, enclosed outdoor patios, and special wall assemblies.
D. A declaration to buyer shall be included in California
Department of Real Estate documents prepared for prospective
buyers. The declaration shall advise buyers that the project
is located adjacent to manufacturing and service- commercial
uses, and that occasional industrial noise and related
activities may occur.
Traffic and Circulation
Developer shall:
E. Contribute toward the cost of installing a signal at the
Lawrence Drive /Broad Street intersection, prior to
construction permit issuance. Contribution amount shall be
calculated by the City Engineer, and shall be based on the
project's proportionate share of the total traffic increase
(ADT) on Broad Street from Villa Rosa, OSH, and Stoneridge II,
not to exceed 25 percent. of the total cost of the signal
project.
ordinance No. 1197 (1991 Series)
Page 3
F. Revise project design to provide a public street connection
between Lawrence Drive and Mutsuhito Avenue via Victoria
Avenue. Developer shall improve Victoria Avenue to city
standards.
G. Contribute toward the cost of installing a second eastbound
left -turn lane from Broad Street onto Orcutt Road, prior to
construction permit issuance. Contribution shall be
calculated by the City Engineer, and shall be based on the
project's proportionate share of the total traffic volume
(ADT) on Orcutt road.
H. Contribute toward the cost of widening Orcutt Road to four
lanes east of Broad Street, prior to construction permit
issuance. Contribution shall be calculated by the City
Engineer, and shall be based on the project's proportionate
share of the total traffic volume .(ADT) on Orcutt Road.
I. Contribute toward the cost of installing a grade separation
at Orcutt Road and the Southern Pacific Railroad right -of-
way, prior to construction permit issuance. Contribution
shall be calculated by the City Engineer, and shall be based
on the project's proportionate share of the total traffic
volume (ADT) on Orcutt Road.
J. Revise the Orcutt Road driveway exit to restrict access to
right -turn in and right -turn out only, to the approval of the
City Engineer.
Air Quality
Developer shall:
K. Incorporate bike and pedestrian trails into the Villa Rosa
design to provide the opportunity to connect with a planned
citywide bike trail in or along the Southern Pacific Railroad
right -of -way, near the northeast corner of the site.
L. Grant irrevocable public pedestrian and bicycle access
easements from Broad Street to the future connection point at
the site's northeast corner and along the former Pacific Coast
Railroad right -of -way, and install footpath and bikeway
improvements as approved by the Architectural Review
Commission.
M. Contribute toward cost of installing a transit facility on the
east side of Broad Street between Lawrence Drive and Orcutt
Road. Costs shall include construction of a standard bus
turnout, transit shelter, bus sign, trash receptacle, and
Ordinance No. 1197 (1991 Series)
Page 4
installation of public art and appropriate landscaping.
Contribution amount shall be calculated by the City Engineer,
and shall be based on the project's proportionate share of the
total traffic increase (ADT) on Broad Street from OSH, Villa
Rosa, and Stoneridge II, not to exceed 25 percent of the
improvement's total cost.
N. Follow APCD guidelines to reduce fugitive dust emissions
during grading and site preparation, and exhaust emissions
from construction equipment. Prior to construction permit
issuance, the developer shall submit a plan describing
measures to be taken during construction to reduce emissions,
to the approval of the Community Development Director.
Plant Life
O. Site design shall be modified where feasible to preserve
Eucalyptus trees, to the approval of the City Arborist and the
Community Development Director. Where preservation is not
feasible, the 15- gallon sized trees to be removed shall be
replaced on a two for one basis with trees of a comparable
ultimate size and longevity.
Historic Resources
P. A qualified archaeologist will .instruct the project's
construction contractors in how to recognize resources that
my be encountered. If excavations encounter archaeological
resources, construction activities which may affect them shall
cease. The Community Development Director shall be notified
of the extent and location of discovered materials so that
they may be recorded by a qualified archaeologist. Disposition
of artifacts shall comply with state and federal laws. A note
concerning this requirement shall be included on the grading
and construction plans for the project.
Q. Brick work shall be incorporated into the development of the
site to recall the historic use of.the site.
R. The historic significance of the site, including street names,
shall be documented through the use of a plaque, photographs
and samples of the brick work incorporated into a marker or
kiosk on the project site for public display, possibly in
cooperation with the adjacent Orchard Supply Hardware project.
General
S. If the Community Development Director determines that the
above mitigation measures are either infeasible or
ineffective, the Director may modify the measures or add
Ordinance NO. 1197 (1991 Series)
Page 5
additional measures to better achieve the intent of the
original mitigation.
SECTION 3. Preliminary Development Plan. The preliminary
development plan for Villa Rosa, an 85 -unit planned residential
development, is hereby approved subject to the following
conditions:
1. Within six months of preliminary development plan approval,
the applicant shall file a final development plan as required
by the Zoning Regulations. Said plan shall be consistent with
the project's approved tentative tract map and final
Architectural Review Commission approved plans.
2. Developer shall sell the units following the affordability
provisions described in Exhibit "A ", to the approval of the
Community Development Director, and the developer shall
administer the sale and re -sale of affordable units through
a non - profit housing agency to be approved by the City.
3. Victoria Avenue shall be improved within the existing right -
of -way to provide a minimum paved width of 28 feet, with
sidewalk bulbouts on both sides of Victoria Avenue and a
textured, colored concrete crosswalk where the main walkway
crosses Victoria Avenue. A minimum street yard of 15 feet
shall be provided.
4. Fire Department setback requirements for residential
structures from the high pressure gas pipeline on the site
shall be observed.
5. Verification of compliance with hazardous materials
requirements shall be provided prior to construction permit
issuance.
SECTION 4. Zoning Map Amendment. The Community Development
Director shall amend the Zoning Map for property located at 843
Mutsuhito Avenue to change the designation from M to R -3 -PD, as
shown Exhibit "B."
SECTION S. Publication. This ordinance, together with the
names of councilmembers voting for and against, shall be published
once in full, at least (3) 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.
INTRODUCED AND PASSED TO PRINT by the Council of the City
of San Luis Obispo at its meeting held on the 20th day of
August 1991, on motion of Cour_cilwo -man EaT)Da- _-
Ordinance No. (1991 Series)
Page 6
seconded by Councilwoman Pinard
vote:
and on the following roll call
AYES: Councilmembers Rappa, Pinard.and Mayor Dunin
NOES: None
ABSENT: Councilmembers Reiss.'and Roalman
Mayor Ron Dunin
ATTEST:
P Clerk
APPROVED:
City A4Ministrative Officer
lopment Director
EXHIBIT A
VILLA ROSA AFFORDABILITY PROVISIONS
Affordability Program
At least 41 of Villa Rosa's 85 units will be sold following the affordability provisions
listed in Tables A and B on the following pages. The affordability provisions shall be
administered by the San Luis Obispo Housing Authority (or other appropriate non-
profit housing agency approved by the City), and shall. be enforceable by the City as
a. condition of Planned Development rezoning. PD 1518.
"Recapture" Fee
The developer has included a provision to "recapture" some of the original discount at
time of resale, which is to be given to the San Luis Obispo Housing, Authority (or some
other appropriate non - profit housing agency approved by the City). for the construction,
acquisition or write -down of affordable housing units. At the time of the first resale of
discounted units, twenty, (20) percent of the profit from the resale shall be placed by
the owner into a fund tor be used for affordable housing. The developer will submit a
plan for implementation of the recapture fee to City prior to occupancy of the units, for
the review and approval of the Community Development Director.
Exhibit A, Page 2 TABLE A
PROJECTED SALES PRICES FOR DIFFERENT INCOME LEVELS
(revised)
Sales Price
(Percent of Market Value)
95%
90%
80%
75%
70%
65%
Maximum Income
Maximum Resale
Price (1)
Maximum Income of Eligible Buyers (2)
1
100%
150%
140%
of Eligible Buyers
150%
140%
120%
110%
100%
80%
(Percent of Median Income)
120%
110%
100%
3
115%
Minimum Number
165%
140%
130%
115%
.......................... .
...........................
of Units to be Offered
4
175%
11
11
4 (2)
in Category (1)
..........................
5
.*see notes, p. 3
(3)=
175%
TABLE B
RESALE CONTROLS SCHEDULE
(revised)
ORIGINAL SALES PRICE
(% of Market Value)
95%
90%
80%
75%
70%
Term
(Year of Resale)
Maximum Resale
Price (1)
Maximum Income of Eligible Buyers (2)
1
100%
150%
140%
120%
110%
100%
2
100%
150%
140%
120%
110%
100%
3
115%
175%
165%
140%
130%
115%
.......................... .
...........................
4
115%
175%
165%
140%
130%
115%
..........................
5
125%
(3)=
175%
150%
140%
125%
<'`125%
6
125%
-
-
150%
140%
125%
> << >125 fl? >
..........................
7
135%
-
-
165%
150%
135%
...........................
..........................
8
135%
-
-
165%
150%
135%
:_;735.'0
9
150%
-
-
-
165%
150%
15:0'<'
10
150%
-
-
-
-
150%
11
165%
..........................
...........................
12
165%
>12
-
-
-
-
-
-
(1) (% of Original Sales Price) x (% Change in Median Income Levels) + Brokers Fees
(2) % of Median Income
(3) - = No Resale Controls -
Exhibit A, Page 3
Note: (1) A total of 41 units will be offered at prices below
market rate; with the exception of the 65% sales price
catagory, more units may be offered in each of these
categories than the numbers shown here (depending on
demand and the order of the w. siting list), provided the total
number of units sold at below market prices equals 41.
(2) In this category only'. this number also represents the
maximum number.of units available.
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Ordinance No. 1197 (1991 Series)
FINALLY PASSED this
I
3rd _ day of September
19 91on motion of Councilwoman Rappa , seconded by
Councils Pi=d and on the following roll call
vote:
AYES: Councilinembers Rappa, Pinard and Mayor Dunn
NOES: None
ABSENT: Councilmembers Reiss and Roalman
Mayor Ron Dunin
ATTEST:
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