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HomeMy WebLinkAbout1240• ORDINANCE NO. 1240 (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 (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. 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 0 -1240 Ordinance no. 1240 (1993 Series) Planned Development Rezoning PD 191 -92 Page 2 market at the Marigold project site. The agreement shall be in the form of a recorded covenant, 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: Ordinance no. 1240 (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: Ordinance no. 1240 (1993 Series) Planned Development Rezoning PD 191 -92 Page 4 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. 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. c. Future consideration may be given to alternative usage of the detention basin subject to discussion with the property owners or responsible party. 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. Ordinance no. 1240 (1993 Series) Planned Development Rezoning PD 191 -92 Page 5 22. 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. 23. 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. 24. 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. 25. 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. 26. 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. }" I Ordinance no. 1240 (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 1St day of June , 1993, on motion of Rappa , seconded by Roalman , and on the following roll call vote: AYES: Council Members Rappa, Roalman, Romero and Settle NOES: Mayor Pinard ABSENT: None ATTEST: C' y ierk Di ne R. adwell APPROVED: Mayor aeg Pinard B.. Architectural Review Required. All requests shall receive architectural review in accordance with the adopted architectural review commission ordinance and guide- lines. The director shall determine, upon receiving complete application, whether the project is declared minor or incidental, or shall be forwarded to the archi- tectural review commission for review. - C. Application Contents. All proposed second unit requests shall be by formal application for administra- tive use permit and architectural review. D. Additional Requirements. 1. Owners Agreement with the City. The owner shall enter into an agreement with the city, on a form ap- proved by the city attorney, agreeing that the property will be owner- occupied. if owner occupancy is not possible, then the use will terminate, and the structure will be returned to its original condition to the-satisfac- tion of the director. Property owners receiving approvals for second units and establishing the use pursuant to this section shall also agree to reimburse the city for costs of all necessary enforcement actions. 2 Recorded Agreement Affecting Use of Property. The applicant shall submit an agreement that will provide constructive notice to all future owners of the property, of the use and owner occupancy restrictions affecting the property. Upon approval of the administrative use permit and architectural review, the applicant shall prepare the final copy of the agreement for the directors review in a form suitable for recording in the office of the county recorder. E. Appeal. Appeal procedures for this section shall be the same as set forth for administrative use permits as defined in the city zoning regulations. '(Ord. 1004 - 1 (part), 1954: prior code - 9940) 17.21.060 Periodic review - Violations. A. Periodic Review. Use permits shall be subject to reviewafter the first year andeach three years thereafter. It shall be the responsibility of the property owner to initiate the review and pay applicable fees. B.Violations. Violation of any of the provisions shall be basis for revocation of the use permit in accordance with Chapter 17.72. (Ord. 1004 - l(part),1984: prior code - 9950) Chapter 17.22 M Ate I,GO --0 COWTIOR USE REGULATION Sections: 17.22.010 Uses allowed by zones. 17.22.010 Uses allowed by zones. Uses within zones shall be as provided in the following chart. Symbols shall have these meanings: A - The use is allowed; D - If the director approves an administrative use permit as provided in Sections 17.58.020 through 17.58.080, the use may be established; PC- If the planning commission approves a use permit as provided in Sections 17.58.020 through 17.5&050, the use may be established; A/D - The use is allowed above the ground floor. If the director approves an administrative use permit, it may be established on the ground floor. See also Section 17.36.030 concerning uses which may be established within public schools. Listed uses are principal uses. Accessory uses are al- lowed with principal uses. Drive- through facilities are not allowed in any zone Where manufacturing is allowed, incidental sale of items made on the premises is allowed. When sale ofa particu- lar type of item is allowed, craftsman -type production of such an item for sale on the premises is allowed. These regulations are intended to permit similar types of uses .within each zone. The director, subject to the appeal procedures of Chapter 17.66, shall determine whether uses which are not listed shall be deemed al- lowed or allowed subject to use permit approval in a certain zone. This interpretation procedure shall not be used as a substitute for the amendment procedure as a means of adding new types of uses to a zone. Special notes, indicated by number in the following chart, may be found at the end of the chart. 0 F'eqoEs-reo 11124 1cl Q_ Table 9 - Uses Allowed by Zone R -1 R -2 R -3 R-4 C/OS Ott PF C -N C -C C -R C -T C- M Advertising and related services (graphic design, writing, mailing, addressing, etc.) A AID A A D Agriculture - grazing and outdoor crops A A A Agriculture - greenhouse culture, livestock feeding PC Airports and related facilities I I PC I PC Ambulance services I I ( PC PC ( A D Amusement arcades (video games, see Chapter 552, Electronic Game Amuse- ment Centers) PC D D D Amusement parks, fairgrounds I I PC Animal hospitals and boarding I , D Animal grooming ( A A I D Antennas (commercial broadcasting)' PC ( PC I D Athletic and health clubs, gymnasiums, fitness centers, tanning centers D PC D : PC PC PC Athletic fields, game courts I PC PC PC I D PC Auto dismantling, scrap dealers, recycling centers A Auto repair and related services (body, brake, transmissions, muffler shops; painting, etc.) D -_ A A Auto sound system installation I ) I D12. D1= A :A Banks and savings and loans;.Wttt its O S F. " or- F1 ca " -lots I I A At A A CC) Bars, taverns, etc. (see Nightclubs) ( I I D I D( D D D Barbers, hairstylists, manicurists, tanning centers A A A PC D Boarding/rooming houses, dormitories (See also Chapter 17.20) PC D D D Bowling alleys I PC PC D ! PC PC Broadcast studios A A/D A A A A- Allowed D- Directors approval required PC- Planning commission approval required A/D- Director's approval on ground poor, allowed above The director shall determine if a proposed, unlisted use is similar to a listed use. Numbered notes are at end of chart. 11/24 I q n F�i�u''La!�ll �1 Table 9 - Uses Allowed by Zone R -I R -2 R -3 R-4 C/OS 1011 1 PF I C -N I C -C C -R C-T C -S 1`1 Building and landscape maintenance services A/D A­ _..___ A Bus stations . PC - A Cabinet and carpentry shops Caretakers' quarters i A A A A A A D I D I D D _ A D I D Cara-ash - mechanical I I 1 I PC9 I D D Car%ash - self - service I I I I ( I D D PC A A Catering services I I I I I I A I A A Cemeteries, mausoleums, columbariums PC I PC PC PC PC PC PC PC PC I P7DD PC Christmas tree sales <see Section 17.08.O10D) D D D D D D D Chur ches, synagogues, temples, etc. I PC D D I D I I A D I D I D A I x Circus, carnival, fair, festival, parades (see Section 17.08.010E) D D D D D .D D X D Computer services I A A/D A ___: A D Concurrent sales of alcoholic beverages and motor fuel {see Section 17.08.100) D D D Construction activities (see Section 17.08.O10G) A A A A A A I A A A A A dA Contractor's yards ( I I I I I A Convalescent hospitals I PC ( PC D PC I PC I I D I I Convents and monasteries I PC I A I A ( I I D Credit reporting and collection I I A I IA/D A I I A 'Cledirunions and finance companies III I A I I A A Delivery and private postal services I I I D I I I I A A A Detective and security services A A/D A A D Drive -in theaters I I i PC Dwellings A' A A A A A' A/D A/D A/D D A- Allowed D- Director's approval. required PC- Planning commission approval required A/D- Director's approval on ground floor, allowed above The director shall determine if a proposed, unlisted use is similar to a listed use. Numbered notes are at end of chart. I l/Z 4M Table 9 -. Uses Allowed by Zone R-1 R -2 R -3 I R-4 C /OS Ot' PF C -N C -C C -R C -T C -S .M Educational conferences (see Section 17.08.O10H) D D D D _ Electronic game .amusement center_ I I PC PC PC PC` Employment agencies _. ._...._ I _ _. I A D IA/D A Equipment rental I I ( ( I I A A_ Exterminators and fumigators I I ) I I A Feed stores and farm supply sales I I I I I I PC I I A A Florists; IUCWO" w1n4w 2s'/ T :. I 1 } I A I A I A I __ Fraternities and sororities I PC PC ( I I E Gas distributors - containerized (butane, propane, oxygen, acterylene, etc.) A Government agency corporation yards PC I I ( Vq A Government agency offices and meeting rooms PC D D D High occupancy residential use D D Home business {see Section 17:08:040) I I I I I I Homeless shelters (see Section 17.08.110) I PC PC PC PC PC I PC PC PC PC Hospitals I PC PC Hot tubs - commercial use I I I I I ( I PC I PC ( PC I .D I PC ( PC Insurance service - local I I I I A I I A/D A Insurance services - regionaI office I I I IA/D A I . Laboratories (medical, analytical) I ( ) PC ( I I ( A I I ( A I A Laundry/dry cleaner - cleaning plant - pickup point - self- service A A A A A A PC PC A A D A A Libraries PC A' D A A- Allowed D- Director's approval required PC- Planning commission approval required AID-Director's approval on ground floor. allowed above The director shall determine if a proposed, unlisted use is similar to a listed use. Numbered notes are at end of chart. I 1/1—,q / q 2 44 /,RI Table 9- Uses Allowed by Zone R -1 R -2 R -3 R-4 C /OS Ott PF C -N C -C C -R C -T C-S] M Photocopy services; quick printers A A A/D A A "A Photofinishing - retail A A A PC A Photofinishing - wholesale; and blue- -.- -- -- -- - printing and microfilming service PC A -A- Photographic studios I I A I A I A PC D Police and fire stations and training I facilities PC Pool halls, billiard parlors, etc. I ( I ( PC D D D Post offices and public and private postal services - under 2;000 square feet gross floor area per establishment PC D A i A A - 2,000 square feet or more gross floor area per establishment PC A A A Printing and publishing I I D D .I A( A Produce stand (incidental sales of items produced on the premises D Public assembly facilities {community meeting rooms, auditoriums, convention/ - exhibition halls) PC D D D Railroad yards, stations, crew facilities ( I I A Refuse hauling, septic tank and portable toilet services A Repair services - household appliances, locksmiths, saw sharpening, shoe repair D A A A A Residential care facilities - 6 or fewer residents A A A A A A I A AID A D Residential care facilities - more than 6 residents PC PC D PC PC D Restaurants, sandwich shops, takeout food, etc. A A I A A D A- Allowed D- Directoesapproval required PC- Planning commission approval required A/D- Directoes approval on ground floor, allowed above The director shall determine if a proposed• unlisted use is similar to a listed use. Numbered notes are at end of chart. 1112 q/97— Table 9 - Uses Allowed by Zone R -1 R -2 R -3 R-4 GOS . Ott PF C -N C -C C -R C -T C -S I =M Manufacturing - food, beverages; ice; _ - apparel; electronic, optical, instrumen- - tation 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 PC PC PC PC PC PC Mobile home parks PC I PC PC PC I I I Mobile home as construction office (see Section 17.08.010C) D D D :D D D D D D D D D' D Mobile homes as temporary residence at building site (see Section 17.08.010F) A A A A A A A Mortuaries I I D D I A( I I Motels, hotels, bed and breakfast inns I I A ( A ( A Museums _ I PC I .D E A -- 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 A - A/D I -A - Ato Offices (engineering) engineers and industrial design A A/D A Dto to �tto>;rt�eysa� chi- p tsncotlturet%rs ictirsernces, tec`"Offices P�t�mAeun-tc�:r-ol-ce'r4s,�r�ea9tot, w _u' 61 00 a. accounta� 9, inv Ppr Lssets vs� Zo sic �o zoos S. A A/D A to Organizations (professional, religious, political, labor, fraternal, trade, youth, etc.) offices and meeting rooms D D A D A/D A D Parking (as a principal use) PCL D° IPC") D° Dt, Parks A A A A D A D A A( A Pharmacies - 114cwoeo w\tth6l 26% ' A A I A Q +~ b�.� _ A- Allowed D- Director's approval required PC- Planning commission approval required A/D- Director's approval on ground floor allowed above The director shall determine if a proposed, unlisted use is similar to a listed use. Numbered notes are at end of chart. 1//2 q l9 2 45 Table 9- Uses Allowed by Zone R -1 R -2 I R -3 R -4 C /OS Ou• PF C -N C -C C -R C -T C -S. M Retail sales - building and landscape mat- erials (lumbervards, 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, office and medical equipment stores; catalog stores; sporting goods, outdoor supply A A D Retail sales and repair of bicycles I A8 A A Ot R.et$ 6 rental - autos, , e� ( D A PC Retail sales - auto parts and accessories except tires and batteries as principal use D A A PC Retail sales - tires and batteries I I A I I A I PC Retail sales and rental - boats, aircraft, mobile homes PC Retail sales - groceries, liquor and specialized foods (bakery, meats, dairy items, etc.) A A A PC Retail sales - general merchandise (drug, hardware, discount, department and variety stores) - 15,000 square feet or less gross floor area per establishment A A 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 PC ( D PC Retail sales and rental - specialties (shoe stores, clothing stores, book/record/ videotape stores, toy stores, stationery stores, gift shops LIMIT" 70 2s Y. or As A A ro yc.eo it 4�21soo 15-9) Schools - Nursery schools, child day care 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- Director's approval required PC- Planning commission approval required AfD- L�ir+ectoes approval on ground floor, allowed above The director shall determine if a proposed, unlisted use is similar to a listed use. Numbered notes are at end of chart. 1112, Y /17 2 0 D ff IN 0 Fig C Table 9- Uses Allowed by Zone R -1 R -2 R -3 R-4 C /OS.. .Ott PF C -N C -C C -R C -T C -S M` - Business, trade, recreational, or other specialized schools - Boarding schools and academies PC PC PC A/D A I?�. Secretarial and related services (court reporting, stenography, typing, telephone answering, etc.) A A/D A " D Service stations (see Section 17.08.030) I ! D D I D A A Skating rinks t ( PC I PC 1 I D PC Social services and charitable agencies I I I A( D D A A Stadiums ( I I I PC i ( I PC Swap meets I PC Swimming pools (public) I I ( I PC ( PC PC Tallow works I I ) I PC Telegram office A ) A A I D Temporary parking lots .(see Section 17.08.010I) Temporary real estate sales office in tract (see Section 17.08.O10B) D D D D Temporary sales (see Section 17.08.0101) I D D D D_ T Semporary uses - not otherwise listed in ection 17.08.O10K D D D D D D TDD D D D D 'D Theaters (see Chapter 5.40, Adult Entertainment Establishments) PC16 PC14 D D Ticket/travel agencies I I A I I I A A IPCI D Tire recapping I I I F1 A Title companies I I A A A I I Trailer rental i D I A Trucking/taxi service I I I A Utility companies - Corporation yards I f PC A A- Allowed D- Director's approval required PC- Planning commission approval required A/D- Director's approval on ground floor, allowed r974 The director shall determine if a proposed, unlisted use is similar to a listed use. Numbered notes are at end of chart. „ /2 48 nDqy Table 9- Uses Allowed by Zone R -1 R -2 'R -3 R4 C /OS Ot' j PI? C -N C -C C -R C -T C -S ( M - Customer account services (bill paying and inquiries) - Distn-bution and transmission facilities - see Section 17.08.050 - Engineering and administration offices - Payment drop points A A A!D -A D " -- A- A - . -_ _ == D_ n Vending machines (see Section 17.08.080)I I I A A I A A A Veterinarians I I A6 A6 I D Warehousing, mini storage, moving company A Water and wastewater treatment plants ( I I PC I _. Water treatment services I I I ( A Wholesale and mailorder houses ( I I PC I A I A Zoos f I I PC A- Allowed D- Director's approval required PC- Planning commission approval required AID-Director's approval on ground floor, allowed above The director shall determine if a proposed, unlisted use is similar to a listed use. Numbered notes are at end of char[. , //Z q 1q2 49 • 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 approval 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 permit. : 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. In 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. S. In the C -N 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 conjunctionwith and incidental to service,stations, and provided that no other car wash is located within 1000 feet of the site. 10. Large professional office buildings which can include multiple tenants but with no single tenant space less than 2,500 square feet maybe established in the C -S and M 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 - residential uses in the O 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 traffic to 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 -C and C -R zones, use permit review of automobilesound 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 17.22.010. All multi -level parking facilities shall require the approval of a use permit by the Planning Commission. 14. Theaters in 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 17.04.371). s 0 CITY CLERK MEMORANDUM June 18, 1993 Memo toy File: Council action for final adoption of Ordinance 1240 included an amendment to read, "18c: Future consideration may be given for alternate usage of the detention basin subject to discussions with the property owners or responsible party." It was the determination of the City Attorney that this did not constitute a substantial legal change, and therefore was not subject to re- advertisement and adoption. c: Jeff Jorgensen, City Attorney I . 0 Kit' I Ordinance No. 1240 (1993 Series) FINALLY PASSED this 18th day of June , 1993 on motion of Council Member Rappa , seconded by Council Member Romero , and on the following roll call vote: AYES: Council Members Rappa, Romero, Roalman, and Settle NOES: Mayor Pinard ABSENT: None 6 4A) i Mayor Peg P and ATTEST: K Z�)4 it Clerk Diane Gla , ell 4 ob 1 ? L�� 11 INTERIM ARCHAEOLOGICAL SURVEY PROCEDURES A. Term of Application Prior to the adoption of guidelines for the survey of archaeological resources, the following interim procedures should be used to guide the Community Development Department's environmental review process. B. Surface Survey Defined A surface survey is done by a qualified archaeologist who walks the site and prepares a written report that describes any evidence of archaeological resources and identifies the need for further subsurface investigations or project mitigation measures. C. Proiects and Applications Affected An archaeological surface survey will be required (1) when a proposed development project will disturb subsurface materials (eg. by trenching for utilities, digging foundations, or other excavation work), or (2) when an annexation, planned development, or subdivision map is submitted; and one or more of the following conditions exist: 1. The site is vacant and is one acre or larger 2. The site is adjacent to San Luis Obispo, Stenner, Old Garden, Prefumo, Froom Creeks or other creeks with running water year round. 3. The site is within 200 feet of the boundaries of an archaeological site as shown on USGS quad maps on file in the Community Development Department. 4. The site is within the Central Commercial (CC) zone or any of the three Historical Preservation (H) zoning districts. D. Exemptions The construction of a single family home, residential additions, minor commercial additions, or the construction of accessory structures (garages, tool sheds, etc.) are exempt from these interim procedures. The Community Development Director may require surface surveys for exempt projects when, after receiving advice from the CHC, he determines that there is a moderate to high probability that the site contains archaeological resources. E. Type of Survey Reouired When a survey is required consistent with Paragraph C above, the planning staff shall specify the following as mitigation measures within the initial environmental study: 1. A qualified archaeologist sha11 be hired by the applicant to conduct a surface survey of the construction site (reference attached list of archaeological consultants). 2. The archaeologist shall be approved by the Community Development Department after qualifications have been reviewed. q Page 2 -- Interim Archaeological Survey Guidelines 3. The developer shall pay for all survey costs. 4. All survey results shall be submitted to the department in writing (reference attached report format). 5. If surface survey results conclude that archaeological resources may exist, the project archaeologist shall recommend, in a separate cover letter, specific mitigation measures. These measures shall be reviewed by the Director or, upon referral, the CHC for possible inclusion into the description of the project. F. Response to Finds If archaeological resources are found during the construction of a project, work on the project should be temporarily halted until a qualified archaeologist can review the resources and suggest specific mitigation. f' s RECORDING REQUESTED BY: CHI,LMO TITA COMPANY AND WHEN RECORDED MAIL TO: = NAM' F O STREET City Clerk ADDRIESS CITY OF SAN LUIS OBISPO 990 Palm Street CITY San Luis Obispo, CA 93401 STATE= L J N ZIP AP N 53- 081 -048 & 53- 081 -049 Doc No: 1996 - 045205 Official Records San Luis Obispo Co. Julie L. Rodewald Recorder Sep 10, 1996 Time: 08:00 [ 4] Rec No: 00016942 ;NF 0.00 ;TOTAL 0.00 THIS SPACE FOR RECORDER'S USE ONLY AGREEMENT This agreement is made the"_3Otk day of July, 1996 by and between Marigold Center, .,LLC, a California Limited Liability Company ( "Shopping Center ") and the City of San I Buis Obispo ( "City "). RECITALS: A. On or about June 1, 1993, the City Council of San Luis Obispo passed Ordinance 1240 (1993 Series) approving planned development request PD 191 -192 pursuant to the conditions set forth in said Ordinance 1240. B. Condition 7 of Ordinance 1240 requires the Shopping Center to implement the mitigation measures specified in the Traffic Impact Study for Marigold Center, pages 11 -13. C. One of the mitigation measures specified in the Traffic Impact Study for Marigold Center dealt specifically with the potential for the need for a signal at the main entrance to the project on Broad Street ( "Main Entry"). It is the intent of the City and the Shopping Center that the two traffic signals to be modified and installed at Broad Street / Tank Farm and Broad Street / Industrial Way will be successfully integrated and synchronized so as to make the installation of a signal at the Main Entry unnecessary. D. However, should the City or Caltrans deem that a signal is needed at the Main Entry, the Shopping Center agrees to install said signal at the sole cost and expense of the Shopping Center. Now therefore in exchange of good and valuable consideration between the parties hereto, both parties agree as follows: 1. Should the City or Caltrans deem that a traffic signal is necessary at the Main Entry, then the Shopping Center agrees to install, at the sole cost and expense of the Shopping Center, a traffic signal per the specifications of the City and /or Caltrans. 2. Upon written notice given to the Shopping Center by the City, the Shopping Center shall diligently work to design, construct and install the traffic signal. Page 1 of 2 4 3. If the Shopping Center fails to diligently work to design, construct and install the traffic signal, the City and /or Caltrans may direct the Shopping Center to install appropriate channelization devices to preclude left turns exiting onto Broad Street, based on traffic safety and /or related conflicts either permanently or pending installation of the subject traffic signal, at the direction of the City and /or Caltrans. Should the City and /or Caltrans pursue completion of either the traffic signal or elimination of left turns exiting onto Broad, the Shopping Center agrees to compensate the City and /or Caltrans for all costs encumbered by the City and /or Caltrans. If the City and /or Caltrans has to pursue litigation to enforce this agreement, Shopping Center shall be liable for all attorney fees and litigation costs incurred by City and /or Caltrans. Notwithstanding anything contained herein to the contrary, as long as Shopping Center is diligently working in good faith on the design and installation of the traffic signal, full access shall remain open. 4. This agreement shall be in effect for a period of five (5) years following the occupancy of Vons Supermarket. Following said time period, this Agreement shall terminate and become null and void and of no further force and effect. "Shopping Center" Marigold Center, LLC, a California Limited Liability Company By: Paul Quong, Managing Member "City" City of San Luis Obispo B �.., J ohn unn, ity dministrative Officer Notary Acknowledgment required. Page 2of2 State of?� County of Owl On DATE (0 before me, NAME. TITLE OF OFFICER • E.G.. "JANE DOE, NOTARY PUROC personally appeared personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrurent and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by . M. KRAMER I his /her /their signature(s) on the instrument COMM, # 1040383 Z : the person(s), or the entity upon behalf of Z Notary Public — California which the person(s) acted, executed the ORANGE COUNTY instrument. My COMM. Expires OCT 31-1998, CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER(S) IIILHS) to PARTNER(S) LIMITED GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAVE OF PEnSON(S) On ENTITY('E5) Witness my and and official seal. SIGNATURE OF NOTARY ATTENTION NOTARY: Although the Information requested below is OPTIONAL, it coL'd prevent !taudu ert anachm ?nt of ih *,s crrlif –1 a to an unauthorized document THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED Number of Pages / Date Of ocument 1-441- q TO THE DOCUMENT �f�h In DESCRIBED AT RIGHT: Signers) Other than t'Jamed Above —_ ALL - PURPOSE ACKNOWLEDGMENT State of– /'4°— �'��-� County of 21992 NATIONAL NOTARY ASSOCIATION - 8235 nemmet Ave.. P.O. Box 7184 - Canoga Park. UA V1 JJ" f o4 I)- -, On �,1`7L° before me, G ""-'�y �'' y ' DATE NAME, TITLE OF OFFICE • E.O., *JANE DOE. NOTARY PUBLIC' personally appeared P er Y NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that helshe /they executed the same in his /her /their CINDYfaILG authorized ca acit Les and that b Comrrlls;fon # 1091390 P Y (� ) � Y .� Notary i3ublic — Cali", his /her /their signature(s) on the instrument Sots Obispo County the person(s), or the entity upon behalf of MYCOrnln. Expires Mar 17,2000 which the person(s) acted, executed the instrumer-d. Witness my hand and official seal SIGNATURE OF NOTARY CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL 0-fO' RPORATE OFFICER(S) G ��- TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTOTNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAVE OF PERSONS) On ENTITY(IES) ATTENTION NOTARY: Although the Information requested below is OPTIONAL, it co,, 'd wev?nt havdu! ?nt attachment o! th;s certificate to an unauthorized do-c7ir^eni THIS CERTIFICATE Tide or Type of Document – MUST BE ATTACHED Number of Pages Dale of Document ��-�°% �Lp TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other than Named Above NOTARY AFFIDAVIT I CERTIFY UNDER THE PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: NAME OF NOTARY: CINDY PILG NAME OF COUNTY: SAN LSUI OBISPO DATE COMMISSION EXPIRES: MAR 17, 2000 COMMISSION NUMBER: 1091390 DATED: 09/04/96 SAN LUIS OBISPO, CA NANCY HO LAND CHICAGO TITLE COMPANY a. END OF DOCUMENT