HomeMy WebLinkAbout1250ORDINANCE NO. 1250 (1993 SERIES)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE ZONING
REGULATIONS MAP TO CHANGE A ONE- THIRD -ACRE SITE ON THE
SOUTHWESTERLY CORNER OF NIPOV1O AND DANA STREETS FROM C -C -H -S
AND R -3 -H TO C- C- H- PD, ALLOWING SOME EXCEPTIONS TO YARDS (PD 41 -93)
WHEREAS, the City Council has held a hearing to consider the planned
development request PD 41 -93; and
WHEREAS, the City Council makes the following findings;
Findings
1. Features of the particular design achieve the intent of conventional standards (privacy,
usable open space, adequate parking, compatibility with neighborhood character, and
so on) as well as the standards themselves, because the design creates a transition
from a high- density residential neighborhood to the more - intense downtown retail
area.
2. The proposed project provides exceptional public benefits, including a creekside
walkway, restricted uses, and a design that retains the historical value of the site,
that would not be feasible under conventional development standards in the R -3 zone.
3. The proposed redevelopment will not adversely affect the health, safety and welfare
of persons living or working at the site or in the vicinity, as evidenced in the negative
declaration with mitigation granted July 29, 1993.
4. The proposed redevelopment is appropriate at the proposed location and will be
compatible with surrounding land uses, because of the proposed mixture of residential
and commercial uses planned for the .site.
5. The proposed redevelopment conforms to the general plan and meets zoning ordinance
requirements.
6. An initial study of environmental impacts was prepared by the Community
Development Department on July 29, 1993, that describes significant environmental
impacts associated with project development. The Community Development Director
has reviewed the environmental initial study and granted a Negative Declaration of
environmental impact, with mitigation. The initial study concludes that the project
will not have a significant adverse impact on the environment, subject to the
mitigation measures, listed below, being incorporated into the project, and the City
Council hereby adopts the Negative Declaration and finds that it reflects the
independent judgement of the City Council.
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Ordinance no. 1250 (1993 Series)
PD 41 -93
1015 Nipomo Street
Page 2
7. The existing buildings on the site are historically significant, because of their
architectural integrity, historical economic importance to the city's development,
design continuity and compatibility with the neighborhood. They may be dismantled
because a) the deteriorated state of the buildings, as determined by the Chief Building
Official, poses a threat to the health, safety or welfare of people living or working on
or near the site, and b) the new development will be at least as compatible with the
neighborhood as the existing development.
8. Impacts on the portion of the creek affected by the walkway are insignificant, because
the creek bank below the building cannot be revegetated without removal of the
building.
9. The Soda Works building is historically significant and a replicated facade should be
reconstructed in its original location.
10. Entrances along the southeasterly (creek) side of the site will encourage customers to
enter the retail or restaurant businesses in the "soda works" building from Nipomo
Street, and will therefore limit intrusion into the residential and office portions of the
site.
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. The Planned Development preliminary map PD 41 -93 is hereby
approved, with the following exceptions:
Exceptions
The following variations in development standards and policies are hereby approved:
1. Seven - foot -wide streetyards where fifteen -foot wide yards would normally be
required.
2. A four - foot -wide walkway cantilevering over the creekbed, where a 20' setback from
the top of bank would normally be required.
Ordinance no. 1250 (1993 Series)
PD 41 -93
1015 Nipomo Street
Page 3
SECTION 2. The Planned Development preliminary map PD 41 -93 is subject
to the following conditions:
Conditions
Environmental mitigation measures:
e
1. Plans for the provision of a loading area, either on -site or along the curbside of the
Nipomo Street frontage, shall be approved by the Architectural Review Commission
or Public Works Director.
2. Bicycle racks will be provided for use by customers. Racks shall accommodate a
minimum of 10 bicycles.
3. Bicycle storage facilities for at least six bicycles shall be available to all employees,
free of charge, on a first - come -first -served basis. These facilities must be located in
an area that minimizes the possibility of theft, must be lockable, and protected from
the weather.
4. The applicant shall provide a permanent transportation bulletin board, coupled with a
literature display, in a prominent location in the soda works building. The literature
and bulletin board shall describe alternative transportation available, to the approval
of the Transit Manager.
5. Any private outdoor use areas for the residents shall be designed so that noise levels
within them are at or below 60 decibels. Information from an acoustical engineer
shall be submitted along with plans intended for final approval by the Architectural
Review Commission, that provides evidence of compliance with this standard.
6. To minimize conflicts between nearby residences and commercial tenant spaces,
deliveries, noisy maintenance activities such as leaf- blowing and commercial tenant
hours of operation shall be limited as a condition of the planned development
rezoning.
7. Noise insulation shall be provided in the floors and walls separating commercial
tenant spaces and proposed residences to the satisfaction of the Community
Development Director.
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Ordinance no. 1250 (1993 Series)
PD 41 -93
1015 Nipomo Street
Page ,4
8. Commercial trash and loading areas shall be located as far away as possible from
residential uses.
9. A list of allowed and conditionally allowed uses for the project shall be approved
along with the planned development rezoning.
10. The applicant must demonstrate exemption from or compliance with the Asbestos
Notification Requirements of Part 40 of the Code of Federal Regulations, to the
satisfaction of the Air Pollution Control District, prior to issuance of a demolition
permit.
11. To minimize the amount of wind -blown dust that leaves the site, all areas disturbed
by construction must be watered at least once per day. If wind speeds exceed 15
mph, watering shall be increased accordingly.
Other conditions:
12. The 17" Avocado tree on the corner of Dana and Nipomo must be retained, if
possible. Protection of the tree during construction and trimming to accommodate
construction must be to. the approval of the City Arborist. If the City Arborist
determines that the tree cannot be reasonably retained, then it may be removed and
replaced by two trees, to the approval of the City Arborist. The Black Locust tree on
the adjacent property must be protected during construction, to the approval of the
City Arborist.
13. Uses allowed at the site shall be restricted to those on the attached list (exhibit A). A
minimum of three two - bedroom dwellings shall be maintained on site. Commercial
uses may be converted to additional residential uses, in accordance with density
standards in the C -C zone, except that group housing is not allowed.
14. A portion of the property, at the corner of Nipomo and Dana Streets, must be
dedicated to the City for public right -of -way purposes, consistent with City
regulations and to the approval of the Public Works Director.
15. Construction of this project must be coordinated with the reconstruction of the
Nipomo Street bridge, a public project, to the approval of the Public Works
Department.
16. The hydrant across from 595 Dana Street must be upgraded to a commercial type, to
the approval of the Fire Department.
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Ordinance no. 1250 (1993 Series)
PD 41 -93
1015 Nipomo Street
Page 5
17. A photographic survey of the existing buildings must be completed prior to
dismantling or renovation of any of the buildings. This survey shall be conducted to
the approval of the Community Development Director, who may request assistance
from the Cultural Heritage Committee.
18. The project shall include facilities for interior and exterior recycling for the
occupants.. The applicant shall consult with local recyclers regarding the size and
location of areas dedicated to on -site recycling storage.
19: The project shall include a solid waste recycling plan for recycling of discarded
concrete, sheetrock, wood, and metals from the construction and demolition site to
the approval of the City's Solid Waste Coordinator or Community Development
Director.
20. The cantilevered walkway shall be private, and not a part of the Mission Plaza
extension.
SECTION I. A summary of this ordinance, together with the names of
councilmembers voting for and against, shall be published 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 7th day of December, 1993, on motion of Rappa
seconded by Romero , and on the following roll call vote:
AYES: Council Members Rappa, Romero, Settle, and Mayor Pinard
NOES: Council Member Roalman
ABSENT: None
Ordinance no. 1250 (1993 Series)
PD 41 -93
1015 Nipomo Street
Page 6
ATTEST:
�
Mayor Peg Pinard
Clerk Diane R. G well
APPROVED:
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1. Allowed Uses:
• Advertising & related services (graphic design, writing, mailing, addressing, etc.)*
• Banks and Savings & Loans
• Barbers, hairstylists, manicurists
• Broadcast studios,
°
• Computer services,
• Construction activities
• Contractors - all types of general and special building contractor's offices °
• Credit reporting and collection,
• Credit unions and finance companies
• Detective and security services*
•
Dwellings*
• Employment agencies*
• Florists
• Insurance services - local*
• Insurance services - regional office°
• Laundry/dry cleaner - pick -up point or self - service
• Motels, hotels, bed & breakfast inns
• Organizations (professional, religious, political, labor, fraternal, trade, youth, etc.)
• Parks
• Pharmacies
• Photocopy services; quick printers°
• Photographic studios
• Photo finishing - retail
• Post offices, etc.
• Professional offices (attorneys, architects, counselors, medical services, accountants, investment
brokers, realtors, appraisers, engineers and industrial design),
• Residential care facilities - 6 or fewer residents
Restaurants, sandwich shops, takeout food, etc.
• Retail sales - appliances, furniture and furnishings, musical instruments; data processing equipment
stores; catalog stores; sporting goods, outdoor supply
• Retail sales - general merchandise (drug, hardware, discount,-department and variety stores)
- 60;000 sq. ft. or less gross floor area per establishment
• Retail sales and rental - specialties (shoe stores, clothing stores, book /record /video tape stores, toy
stores, stationery stores, gift shops)
• Retail sales and repair of bicycles
• Schools - business, trade, recreational, or other specialized schools°
• Secretarial & related services (court reporting, stenography, typing, telephone answering, etc.)°
• Social service and charitable agencies
• Telegram office
• Ticket /travel agencies
• Title companies
• Utility companies
- Customer account services (bill paying & inquiries)
- Engineering and administrative offices*
- Payment drop points
• Vending machines
• Veterinarians (Animals at veterinarian facilities must be kept within a building.)°
'Director's approval on ground floor; allowed above.
2. Uses Allowed by Director's Approval of an Administrative Use Permit:
• Advertising and related services (graphic design, writing, mailing, addressing, etc.)*
• Boarding /rooming houses, dormitories
• Broadcast studios
• Building and landscape maintenance services,
• Caretaker's quarters
• Churches, synagogues, temples, etc.
• Computer services,
• Contractors - all types of general and special building contractor's offices*
• Credit reporting and collection,
• Detective and security services*
• Dwellings°
• Educational conference
• Employment agencies,
• Government agency offices and meeting rooms
• Insurance services - local,
• Insurance Services - regional office*
• Libraries
• Mobile home as construction office
• Museums
• Organizations (professional, religious, political, labor, fraternal, trade, youth, etc.) offices and meeting
rooms*
• Photocopy services; quick printers,
• Printing and publishing
• Professional offices (attorneys, architects, counselors, medical services, accountants, investment
brokers, realtors, appraisers, engineers and industrial design)*
• Public assembly facilities - (community meeting rooms, auditoriums, convention /exhibition halls)
Retail
• Residential care facilities - 6 or fewer residents
• Retail sales - auto parts and accessories except tires and batteries as principal use
• Secretarial & related services (court reporting, stenography, typing, telephone answering, etc.)°
• Temporary sales
• Temporary uses. - not otherwise, listed
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• Utility companies.
- Engineering & administrative offices,
• Veterinarians (Animals at veterinarian's facilities must be kept within a building)°
3. Uses Allowed by Planning Commission Approval of a Use Permit:
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• Homeless shelter
• Hot tubs - commercial use
• Mineral extraction
• Retail sales - general merchandise (drug, hardware, discount, department, and variety stores
- More than 60,000 sq. ft. gross floor area per establishment)
°Director's approval on ground floor; allowed above.
5H-5151"7011'=Z-
•
Ordinance No. 1250 (1993 Series)
FINALLY PASSED this 16th day of December '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, Settle, and Mayor Pinard
NOES: None
ABSENT: None
�i. �.. ....... ----
ATTEST:
City Jerk Diane Qjtidwell
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