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HomeMy WebLinkAbout0997A* ORDINANCE NO. 997 (1983 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBIPSO AMENDING THE OFFICIAL ZONE MAP OF THE CITY, C /OS TO C -R -PD, AND GRANTING APPROVAL OF A PRELIMINARY DEVELOPMENT PLAN FOR SAN LUIS OBISPO MALL AT 353 MADONNA ROAD (PD 1072) WHEREAS, the Planning Commission and City Council have held hearings to consider appropriate zoning for subject property in accordance with Section 65800 et. seq. of the Government Code; and WHEREAS, the rezoning has been evaluated in accordance with the California Environmental Quality Act and the City's Environmental Impact Procedures and Guidelines and final environmental impact report has -bedh certified as adequate; and WHEREAS, the proposed zon -ing promotes the public health, safety and general welfare; BE IT ORDAINED by the Council of the City of San Luis Obispo, as follows: SECTION 1. The council makes the following findings: 1. That the rezoning is consistent with the general plan. 2. That potentially significant environmental impacts will be mitigated to acceptable levels by revisions to the project as originally proposed and conditions of development plan approval. 3. That the planned development satisfies criteria Al. D, and E of Zoning Regulations, Section 9204.4.D.1. SECTION 2. The area shown on the map attached hereto marked Exhibit "A" and included herein by reference be reclassified from C /OS -20 (Conservation /Open Space, 20 acre minimum parcel size) to C -R -PD (Retail Commercial, Planned Development). SECTION 3. The preliminary development plan, as revised and submitted for council consideration, is hereby approved subject to the following conditions: Conditions: Plans, Studies, and Agreements: 1. Within six months of approval of the preliminary development plan, the applicant shall file a final development plan, as required by the Zoning Regulations, for consideration by the City Council. The final development plan shall show all proposed dedications and abandonments and all new utility lines. The precise configuration of streets and drives shown on the plan shall be 0 997 s Ordinance No. 997 (1983 Series) PD 1072 Page 2 based upon study and recommendation by a traffic engineer, to the approval of the City Engineer. The final development plan shall include all items required for final architectural review and final architectural review shall have been conducted prior to council consideration. The final development plan shall be effective only after approval by the City Council. 2. Grading and construction plans shall be accompanied by: a. A soils report prepared by a qualified engineer, including recommended measures to adequately prepare the site for paving, drainage, and support of building foundations. b. A hydraulic study prepared by a qualified engineer, supporting drainage structure design and demonstrating compliance with the city's Flood Damage Prevention Regulations. 3. Prior to issuance of construction permits for any structure which would cross lot lines on the project site, a lot combination map (minor subdivision) shall be submitted and approved. 4. Any applications for subdivision which may be required as a result of proposed sale or lease of parts of the development shall indicate the relationship of proposed parcels to the total site, access and utility easements, and parking sufficient for the uses on individual parcels. At the time of filing any required map, the applicant shall provide a draft reciprocal easement agreement for review and approval by the Community Development Department and the City attorney. 5. Prior to issuance of constructions permits for any structure which would cross the property line between the project site and Madonna Road Plaza, an agreement among owners of both properties and the city concerning compliance with applicable codes, approved by the Chief Building Official and the City Attorney, shall be recorded. 6. If a portion of E1 Mercado (formerly Calle Joaquin) is abandoned, the applicant shall submit to the city for recordation easements: A. For the benefit of the Madonna Road Plaza property, allowing access over the San Luis Obispo Mall site (in a form which would accommodate emergency vehicles and semi - trailers) to the portion of Madonna Road Plaza adjacent to Highway 101; and B. For the benefit of the San Luis Obispo Mall property and the public, allowing access along the private drive formerly occupied by Calle Joaquin. 7. Prior to issuance of construction permits, applicant shall submit evidence in a form satisfactory to the City Attorney that an agreement has been recorded to run with the land providing for maintenance of the drive formerly occupied by Calle Joaquin jointly by the owners of the San Luis Obispo Mall site and the Madonna Road Plaza site. Ordinance No. 997 PD 1072 Page 3 Design Features *Scale and Form (1983 Series) 8. The final development plan shall conform with the preliminary site plan dated September 27, 1983, and indicating the following: Use Maximum Gross Building Area Major, broad -line, non - discount depart- ment store Tires, batteries, and automotive accessories facility associated with department store. Location to the satis- faction of the Architectural Review Com- mission and City Council with particular attention to exposure from Madonna Road, El Mercado and the private drive between E1 Mercado and Zozobra Lane. Drugstore Retail shops (SUBTOTAL) Pads for not more than four freestanding buildings (SUBTOTAL) Interior mall space TOTAL 74,230 sq. ft. 4,850 sq. ft. 25,000 sq. ft. 115,670 sq. ft. (219,750 sq. ft.) 30,000 sq. ft. (249,750 sq. ft.) 35,000 sq. ft.) 284,750 sq. ft.) Parking for about 1,200 cars, with convenient motorcycle and bicycle parking, as required by the Zoning Regulations. 9. The design of the buildings shall be unified with the existing and proposed buildings at Madonna Road Plaza, through design, building orientation and physical location, and with provision for covered pedestrian circulation, to the approval of the Architectural Review Commission and City Council. 10. The mall itself shall be vented so that natural air circulation may be used rather than mechanical ventilation. 11. The roof of the mall shall include skylights, appropriately glazed to prevent unwanted heat gain while allowing natural illumination. 12. Entries to the mall and to separate lease spaces shall be designed to allow controlled public access to the spaces and secure closure of the mall itself when the shops are not in operation. 13. Exterior entries to the mall and to the major tenant spaces shall be an "air- lock" or equivalent design to minimize unwanted exchange of indoor and outdoor air. Ordinance N0. 997 (1983 Series) PD 1072 Page 4 14. A shelter for bus passengers shall be provided as an integrated feature of the proposed bus stop. The shelter shall be compatible with the design of the building, shall provide protection from sun, wind, and rain, shall be adequately lighted and identified, and shall include city and area bus system information. *Landscaping 15. A landscape strip along the southwestern and southeastern site boundaries at least 20 feet wide shall be planted with dense, evergreen trees and shrubs, with intermixing of species to provide variety of color and form and seasonal change. 16. Existing mature trees along Highway 101 shall be retained. The areas shall be planted and maintained to the satisfaction of the Community Development Director. 17. Surfaces of all planting areas shall be porous, with no plastic barrier. 18. The landscape strip along the Madonna Road frontage shall have a minimum width of 20 ft. along parking areas and 40 feet along buildings, measured from the property line after road widening. The landscape strip along the E1 Mercado alignment shall have a minimum width of 10 feet. Both strips shall be planted with a combination of groundcover, shrubs and trees which at maturity will be in scale with the buildings and which will provide a variety of colors and forms and which will be suitable for and provide protection in a windy setting. Box specimen trees shall be interspersed with sapling trees throughout the entire project. 19. Trees shall be provided within parking rows, separated by not more than eight spaces, and at the ends of each row. Trees shall be planted in deep -root, curb - protected planters. The types of trees shall be approved by the Community Development Department. 20. The area offered for dedication for future extension of Zozobra Lane shall be landscaped and maintained in an attractive manner and shall remain free of any structures except fencing, incidental utility structures, and signs as approved by the Architectural Review Commission. 21. An on -site well shall provide all water for landscape irrigation via an appropriately designed system with no cross - connection to the city water system. The existing agricultural well may be used. *Drainage 22. Site drainage shall be designed to the approval of the City Engineer: a. The proposed culvert extension shall be capable of carrying a 25 -year design -storm flow, as a minimum. b. Accumulated drainage, including the cross -site channel, shall be underground with concrete inverts and inlets at appropriate locations. C. A velocity- reduction structure may be required at the point where the culvert leaves the site. d. A grease and oil separator or separators shall be installed where collected parking -lot drainage enters the main culvert. They shall be located and designed to facilitate maintenance. Ordinance N0. 997 (1983 Series) PD 1072 Page 5 *Lighting 23. Parking lot lighting shall provide adequate illumination for safety and shall be designed to direct light downward to minimize sky glare and horizontal glare. 24. Parking lot lighting circuits shall be designed to allow parking serving uses such as restaurants expected to be in operation longer than other uses to be lighted while other areas are not. *Signs 25. The submittal for final architectural approval shall include a signing plan indicating location, size, materials, copy, and lighting of all proposed signs. Unless specifically excepted by the Architectural Review Commission, signs shall be limited to identification of the shopping center, the two major tenants, and freestanding building occupants. Signing shall be compatible throughout the project. *Circulation 26. The drive indicated at the end of Zozobra Lane shall be designed so as not to interfere with drives to the Post Office and to provide a safe pedestrian crossing, to the approval of the City Engineer. Dedications and Off -Site Improvements *Circulation 27. Applicant shall offer to dedicate and improve street right -of -way (a) to accommodate the widening of Madonna Road along the project frontage by a uniform 40 feet and (b) to accommodate the widening of E1 Mercado between Madonna Road and the drive intersecting from the southwest to a 74 -foot right -of -way (including a right -turn lane). 28. The applicant shall submit street improvement plans prepared by a civil engineer for approval by the City Engineer. 29. Applicant shall install a landscaped median barrier in Madonna Road to.prevent left turns at the Madonna Road drive (or that drive shall be deleted from the development plan) and to provide turn pockets for left turns from Madonna Road to Zozobra Lane and to E1 Mercado, to the satisfaction of the City Engineer. 30. Prior to issuance of construction permits, applicant shall submit a written agreement, to the approval of the City Engineer, agreeing to pay the city $22,750 toward the cost of installing traffic signals at Madonna road and El Mercado and 100% of the estimated cost of modifications or additions to the signals which may be necessary to accommodate changed traffic patterns or street widening resulting from the project. A. Applicant shall offer to dedicate right -of -way to accommodate future freeway access to the satisfaction of the City Engineer. Ordinance N0. 997 (1983 Series) PD 1072 Page 6 31. Prior to issuance of construction permits, the city must have received dedication of Zozobra Lane from the fee owner and the city must have accepted for maintenance the existing street improvements. 32. Prior to issuance of construction permits, the city must have abandoned that portion of E1 Mercado indicated in the final development plan, subject to acceptance of access and utility easements by the city and affected public utilities, and an agreement between city and applicant concerning relocation or special protection and valves for city water and sewer lines must have been executed and any required bond posted. 33. Applicant shall pay city the cost of a 2 -inch asphalt blanket on E1 Mercado as determined by the City Engineer or shall include this improvement in the applicant's paveout of El Mercado, at the option of the City Engineer. Applicant shall reconstruct the abandoned part of E1 Mercado to the approval of the City Engineer and in conformance with the approved final development plan. 34. Applicant shall fully improve all street right -of -way dedicated to the city with base, paving, curb, gutter and sidewalks, to the approval of the City Engineer. 35. Applicant shall install traffic control signs and pavement and curb markings (including those features deemed necessary for pedestrian safety on and immediately adjacent to the site) to the approval of the City Engineer. 36. Applicant shall offer to dedicate at least 32 feet for street right -of -way and sign an agreement (to be recorded) to install street improvements (one -half street plus a 12 -foot travel lane) for the future extension of Zozobra Lane to the southeast to the approval of the City Engineer, upon notice by the City Engineer. 37. Applicant shall offer to dedicate and improve additional right -of -way for widening of Zozobra Lane to a full right -of -way width of 64 feet along the frontage between Madonna Road and the drive into the project site. 38. Prior to issuance of construction permits, applicant shall offer a formal arrangement for acceptance by the City Council to participate in paying for changes to the Madonna Road interchange at Highway 101. Participation shall be based on a proportional share of the traffic load created by the San Luis Obispo Mall through the interchange area under an equitable formula established by the City Engineer. * Utilities 39. Applicant shall pay for undergrounding the existing electrical distribution pole line along E1 Mercado and shall be responsible for making all arrangements with utility companies for maintenance of service in that area. Ordinance No. 997 (1983 Series) PD 1072 Page 7 *Drainage 40. Downstream erosion control measures may be required by the City Engineer as a condition of grading approval. Site Preparation and Construction *Schedule 41. 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. *Air and Water Quality 42. Grading and compaction shall be carried out in a single dry construction season, from May to October. If site - preparation work cannot be completed in one season, catch basins are to be installed to retain sediment on the site and exposed soils are to be mulched and /or hydroseeded to minimize soil erosion. 43. Earth - moving equipment and truck traffic are to use Madonna Road north of E1 Mercado and avoid residential parts of Madonna Road and Los Osos Valley Road. 44. Dust abatement procedures (including moistening exposed soils and moistening or covering loaded trucks leaving or entering the site) are to be employed throughout site preparation. Applicant shall specify in grading plans that City Engineer may suspend work if dust generation on -site together with strong winds would create a nuisance or hazards on neighboring property, streets, or Highway 101. 45. Soil is to be removed from the treads of major equipment before such equipment uses city streets. *Archaeology 46. Grading and excavation plans shall include a note that work is to stop upon discovering any archaeological materials. Applicant shall provide contractors with descriptions to help them recognize such materials, upon the advice of a qualified archaeologist. If archaeological materials are discovered, work shall cease until a qualified archaeologist can assess the find and an appropriate Native American group can be notified. Any costs incurred as a result of this condition shall be funded by the applicant. *Clean -Up 47. Prior to approval of the final development plan, applicant shall remove the billboard located on the site. 48. Applicant shall safety prune existing trees which are to remain and remove stumps, fallen limbs, field -crop stakes, debris, and trash from the area near Highway 101. The areas shall be planted and maintained (see condition 16). Ordinance N0. 997 (1983 Series) PD 1072 Page 8 Project Operation *Lighting 49. Interior lighting and parking -lot lighting shall be turned off when uses served by the parking are closed (allowing sufficient time for employees to have left), except that lighting for security will remain on. *Maintenance 50. Parking areas shall be regularly cleaned with a vacuum sweeper to control litter and reduce water pollution, and the site shall be maintained in an orderly and attractive manner. *Transit Incentives 51. Project tenants shall provide (a) mini - shuttle service for one year to be financed by the developer. Shuttle service to be on a regularly - scheduled basis between the Madonna Road shopping area and the downtown; (b) bus system information and passes for all employees; and (c) bus system information and tokens or similar reduced -fare incentives for shoppers, integrated with promotional material; all coordinated with the Public Works Department. 52. Applicant shall cooperate with the Public Works Department in an effort to provide expanded bus service, particularly during seasonal peaks, in conjunction with Madonna Road area and downtown merchants. *Phasing 53. The project shall be phased so that at least 30,000 square feet shall not be occupied prior to June 1, 1987. SECTION 4. A summary of this ordinance, approved by the City Attorney, shall be published once at least three days prior to its final passage, in the Telegram- Tribune, a newspaper published and circulated in this city, and this ordinance shall be into effect at the expiration of thirty days after its final passage. INTRODUCED by the Council of the City of San Luis Obispo at a meeting thereof held on the 15th day of November , on motion of Councilman Settle seconded by Councilman Griffin , and on the following roll call vote: Ordinance No. 997 (1983 Series) PD 1072 C /OS -20 to C -R -PD C/ OS - 40 E C -T-S EXHIBIT A (ry J r- -SP F I II C -4( J IY I RD lQ(?P11�D0 � � � W > F W � � I 90NEiTl DR. � - SP DRNE — - -- MY err oss m q/, doo-le." /a /3 4p�dc� Ordinance N0. 997 (1983 Series) PD 1072 Page 9 AYES: Councilmembers Settle, Griffin, Dunin and Mayor Billig NOES: Councilwoman Dovey ABSENT: None APPROVED: Cit Administrative officer ty Community Development Director I- ORDINANCE NO. 997 (1983 Series) FINALLY PASSED this 13th day of December 1983, on motion of Councilman Dunin , seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Duriin, Griffin and Mayor Billig NOES: Councilwoman Dovey ABSENT: Councilman Settle �V� Zia &d 'go b