HomeMy WebLinkAboutr10245rezone313southstreetRESOLUTION NO . 10245 (2011 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING A N
AMENDMENT TO THE GENERAL PLAN LAND USE ELEMENT MAP FRO M
SERVICES & MANUFACTURING TO HIGH-DENSITY RESIDENTIAL, APPROVIN G
A DENSITY BONUS AND AFFORDABLE HOSING INCENTIVES, AND ADOPTING A
NEGATIVE DECLARATION FOR PROPERTY LOCATED AT 313 SOUTH STREET ;
GP/RIER 35-1 0
WHEREAS,the Planning Commission of the City of San Luis Obispo conducted a
public hearing on January 26, 2011, and recommended approval of the project ; and
WHEREAS,the City Council of the City of San Luis Obispo conducted a public hearin g
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on Februar y
15, 2011, pursuant to a proceeding instituted under application GP/R/ER 35-10, ROE M
Development Corporation, applicant ; and
WHEREAS,notices of said public hearing were made at the time and in the manner
required by law ; an d
WHEREAS,the City Council has considered the Mitigated Negative Declaration o f
environmental impact as prepared by staff and reviewed by the Planning Commission ; an d
WHEREAS,the City Council has duly considered all evidence, including the testimon y
of the applicant, interested parties, and the evaluation and recommendations by staff, presented a t
said hearing .
NOW, THEREFORE, BE IT RESOLVED,by the Council of the City of San Lui s
Obispo as follows :
SECTION 1 .Environmental Determination .The City Council finds and determines tha t
the project's Mitigated Negative Declaration adequately addresses the potential significan t
environmental impacts of the proposed project entitlements in accordance with the Californi a
Environmental Quality Act and the City's Environmental Guidelines, and reflects the independen t
judgment of the Council . The Council hereby adopts the Mitigated Negative Declaration subject
to the mitigation measures and monitoring programs listed in Exhibit A being adopted with th e
project to reduce potentially-significant impacts to less-than-significant levels .
SECTION 2 .General Plan Amendment Approval With Findings & Conditions .Th e
City Council finds and approves the General Plan Amendment included as part of Cit y
Application No . GP/R 35-10 to amend the land use designation from Services & Manufacturin g
to High-Density Residential for the property located at 313 South Street, based on the followin g
findings and subject to the following conditions :
R 10245
Resolution No . 10245 (2011 Series )
Page 2
Findings :
1.The proposed amendment to the Land Use Element Map furthers the goals of the Genera l
Plan for the production of new affordable housing units in the City .
2.The proposed amendment to the Land Use Element Map is consistent with Housin g
Element Policy 3 .12 .7 which endorses "amendments to the General Plan to rezon e
commercial, manufacturing or public facility zoned areas for residential use, to promot e
higher density infill or mixed-use housing where land development patterns are no longe r
valid and where impact to Low Density Residential areas is minimal". The subject site is i n
alignment with the criteria included in this policy since it is immediately adjacent to other R -
4 zoning on its east side and directly across the street from R-2 development.
3.The proposed General Plan Amendment is consistent with Land Use Element Policy 2 .5 ,
Affordable Housing, because the proposed 100% affordable housing project will "increas e
residential opportunities in very low, low, or moderate income levels ."
4.The proposed General Plan Amendment will not be detrimental to the health, safety an d
welfare of those living and working in the vicinity since the proposed changes to the City's
maps accommodate the development of the site with an affordable housing project of high -
quality character and construction that will be compatible with other properties in th e
surrounding vicinity ,
5.The proposed General Plan Amendment will not adversely affect the amount of are a
within the City set aside for Manufacturing uses as the total site area of 1 .53 acres onl y
represents 0 .6% of the City's current supply of sites zoned Manufacturing .
6.The Planning Commission recommended adoption of a Mitigated Negative Declaratio n
on January 26, 2011 . The City Council finds and determines that the project's Mitigate d
Negative Declaration with all of the mitigation measures listed in Exhibit A adequatel y
addresses the potential significant environmental impacts of the proposed project .
Conditions :
1.The Land Use Element Map is hereby amended as shown in Exhibit B .
2.The Community Development Director shall cause the change to be reflected i n
documents, which are on display in City Hall and are available for public viewing and use .
SECTION 3 .Density Bonus & Affordable Housing Incentives .The City Counci l
approves a 34% density bonus and a building height of 42 feet, where 35 feet is the maximu m
allowed height, and a 10-foot street yard setback, where 15 feet is the typical requirement, a s
affordable housing incentives to accommodate the development of the proposed 43-unit housin g
project, based on the following findings :
Resolution No . 10245 (2011 Series)
Page 3
1.As a 100% affordable housing development, the applicant is entitled up to a 35 %
maximum density bonus under State law . Therefore, the proposed density bonus for th e
project of 34 percent is consistent with established criteria for density bonuses .
2.Senate Bill (SB) 1818 allows cities to approve up to three "concessions and incentives "
for affordable housing projects . The proposed building height of 42 feet and street yar d
setback of 10 feet to accommodate the development of the proposed project are exceptions t o
standards that are appropriate as incentives consistent with SB 1818 .
Upon motion of Council Member Carter, seconded by Vice Mayor Ashbaugh, and on th e
following vote :
AYES :
Council Members Carpenter, Carter and Smith, Vice Mayor Ashbaugh an d
Mayor Mar x
NOES :
Non e
ABSENT : Non e
The foregoing resolution was adopted this 15 th day of February, 2011 .
ATTEST :
g
City Clerk
Elaina Can o
APPROVED AS TO FORM :
Elba City of San Luis Obispo
Exhibit A
Initial Study-Mitigated Negative Declaratio n
MITIGATION MONITORING and REPORTING PROGRA M
CEQA requires that a reporting or monitoring program be adopted for the conditions of projec t
approval that are necessary to mitigate or avoid significant effects on the environment (Publi c
Resources Code 21081 .6). The mitigation monitoring and reporting program is designed t o
ensure compliance with adopted mitigation measures during project implementation . For each
mitigation measure recommended in the Initial Study-Mitigated Negative Declaration (IS-
MND), specifications are made herein that identify the action required and the monitoring tha t
must occur . In addition, a responsible agency is identified for verifying compliance wit h
individual conditions of approval contained in the Mitigation Monitoring and Reportin g
Program (MMRP).
In order to implement this MMRP, the City of San Luis Obispo (City) shall designate a Project
Mitigation Monitoring and Reporting Coordinator ("coordinator"). The coordinator shall b e
responsible for ensuring that the mitigation measures incorporated into the project are complie d
with during project implementation . Further, the coordinator will distribute copies of th e
MMRP to those responsible agencies identified in the MMRP, which have partial or ful l
responsibility for implementing certain measures . Failure of a responsible agency to implemen t
a mitigation measure shall not in any way prevent the lead agency from implementing th e
proposed project .
Table 1 shall be used as the coordinator 's checklist to determine compliance with require d
mitigation measures for each of the proposed rezone sites . The list is broken down int o
mitigation measures that apply to the South Street Apartments Affordable Housing Project site .
Table 1 . Mitigation Monitoring for th e
South Street Apartments Affordable Housing Projec t
Mitigation
Number Mitigation Measure Implementatio n
Timing
Administrativ e
Action
Agenc y
Responsibl e
for Verificatio n
AESTHETIC RESOURCES
Mitigatio n
Measure 1
All outdoor lighting shall be directe d
downward, consistent with the San Lui s
Obispo Community Development Desig n
Guidelines and Chapter 17 .23, Night Sk y
Preservation, of the City's Zonin g
Ordinance .
Prior t o
issuance o f
building permits
Review constructio n
plans and ensure al l
requirements ar e
met .
City
Mitigatio n
Measure 2
To minimize impacts on residentia l
development in proximity to the projec t
site, roof materials shall be non-reflectiv e
and shall be muted in hue consisten t
with standards in the Community Desig n
Guidelines, Section 6 .1C .
Prior t o
issuance of
building permits
Review constructio n
plans and ensure al l
requirements ar e
met.
City
r 1
South Street Apartments Affordable Housing Projec t
City of San Luis Obispo Initial Study-Mitigated Negative Declaratio n
Table 1 . Mitigation Monitoring for th e
South Street Apartments Affordable Housing Projec t
Mitigatio n
Number Mitigation Measure Implementatio n
Timing
Administrativ e
Action
Agency
Responsibl e
for Verificatio n
AIR QUALIT Y
Mitigation
Measure 3
The applicant shall provide bulleti n
boards or kiosks in appropriate commo n
areas to advise residents about up-to -
date transit and rideshare information .
Prior to
occupanc y
clearance
Inspect site prior t o
occupancy clearanc e
to ensure mitigatio n
measure i s
implemented .
City
Mitigatio n
Measure 4
Fugitive Dust Control Measures .
a)Reduce the amount of the disturbe d
area where possible ;
b) Use of water trucks or sprinkle r
systems in sufficient quantities t o
prevent airborne dust from leaving th e
site. Increased watering frequenc y
would be required whenever win d
speeds exceed 15 mph . Reclaimed
(non-potable) water should be use d
whenever possible ;
c) All dirt stock pile areas should b e
sprayed daily as needed ;
d) Permanent dust control measures
identified in the approved project
revegetation and landscape plan s
should be implemented as soon a s
possible following completion of an y
soil disturbing activities ;
e) Exposed ground areas that are
planned to be reworked at date s
greater than one month after initia l
grading should be sown with a fas t
germinating, non-invasive grass see d
and watered until vegetation i s
established ;
f)All disturbed soil areas not subject t o
revegetation should be stabilize d
using approved chemical soil binders ,
jute netting, or other method s
approved in advance by the APCD ;
g) All roadways, driveways, sidewalks ,
etc. to be paved should be complete d
as soon as possible after gradin g
unless seeding or soil binders ar e
used ;
h) Vehicle speed for all constructio n
vehicles shall not exceed 15 mph o n
any unpaved surface at th e
construction site ;
i)All trucks hauling dirt, sand, soil, o r
other loose materials are to b e
covered or should maintain at leas t
two feet of freeboard (minimu m
vertical distance between top of loa d
and top of trailer) in accordance wit h
CVC Section 23114 ;
Durin g
construction
Monitor constructio n
activities to ensure al l
required mitigatio n
measures ar e
implemented .
City
South Street Apartments Affordable Housing Projec t
2r
MINIM City of San Luis Obispo Initial Study-Mitigated Negative Declaratio n
Table 1 . Mitigation Monitoring for th e
South Street Apartments Affordable Housing Projec t
Mitigatio n
Number Mitigation Measure Implementatio n
Timing
Administrativ e
Action
Agency
Responsibl e
for Verificatio n
j)Install wheel washers where vehicle s
enter and exit unpaved roads onto
streets, or wash off trucks an d
equipment leaving the site ;
k) Sweep streets at the end of each da y
if visible soil material is carried ont o
adjacent paved roads . Water
sweepers with reclaimed wate r
should be used where feasible ;
I)All of these fugitive dust mitigatio n
measures shall be shown on gradin g
and building plans ; an d
m) The contractor or builder shal l
designate a person or persons to
monitor the fugitive dust emission s
and enhance the implementation o f
the measures as necessary t o
minimize dust complaints, reduc e
visible emissions below 20 percen t
opacity, and to prevent transport o f
dust offsite . Their duties shall includ e
holidays and weekend periods whe n
work may not be in progress . The
name and telephone number of suc h
persons shall be provided to th e
APCD Compliance Division prior t o
the start of any grading, earthwork o r
demolition .
Mitigatio n
Measure 5
Construction Equipment .
•Maintain all construction equipment i n
proper tune according t o
manufacturer's specifications ;
•Fuel all off-road and portable diese l
powered equipment with AR B
certified motor vehicle diesel fue l
(non-taxed version suitable for su e
off-road);
•Use diesel construction equipmen t
meeting ARB's Tier 2 certifie d
engines or cleaner off-road heavy -
duty diesel engines, and comply wit h
the State Off-Road Regulation ;
•Use on-road heavy-duty trucks that
meet the ARB's 2007 or cleane r
certification standard for on-roa d
heavy-duty diesel engines, an d
comply with the State On-Roa d
Regulation ;
•Construction or trucking companie s
with fleets that do not have engines i n
their fleet that meet the engin e
standards identified in the above tw o
measures (e .g . captive or NO x
exempt area fleets) may be eligible by
During
construction
Monitor constructio n
activities to ensure al l
required mitigatio n
measures ar e
implemented .
City
r 3
South Street Apartments Affordable Housing Projec t
City of San Luis Obispo Initial Study-Mitigated Negative Declaratio n
Table 1 . Mitigation Monitoring for th e
South Street Apartments Affordable Housing Projec t
Mitigatio n
Number Mitigation Measure Implementatio n
Timing
Administrativ e
Action
Agency
Responsibl e
for Verificatio n
proving alternative compliance ;
•All on and off-road diesel equipmen t
shall not idle for more than 5 minutes .
Signs shall be posted in th e
designated queuing areas and or jo b
sites to remind drivers and operator s
of the 5 minute idling limit;
•Diesel idling within 1,000 feet o f
sensitive receptors is not permitted ;
•Staging and queuing areas shall no t
be located within 1,000 feet o f
sensitive receptors ;
•Electrify equipment when feasible ;
•Substitute gasoline-powered in plac e
of diesel-powered equipment, wher e
feasible ; an d
•Use alternatively fueled constructio n
equipment on-site where feasible ,
such as compressed natural ga s
(CNG), liquefied natural gas (LNG),
propane or biodiesel .
Mitigatio n
Measure 6
The applicant shall prepare an Asbesto s
Dust Mitigation Plan . The Asbestos Dus t
Mitigation Plan must be :
a) Submitted to and approved by th e
SLOAPCD before the start of an y
construction or grading activity; an d
b) Implemented at the beginning an d
maintained throughout the duration
of the construction or gradin g
activity.
Prior to an d
durin g
construction
In coordination with
SLOAPCD, revie w
Asbestos Dus t
Mitigation Plan prio r
to construction .
Monitor constructio n
activities to ensure al l
required mitigatio n
measures ar e
implemented .
Cit y
CULTURAL RESOURCE S
Mitigatio n
Measure 7
The applicant shall retain a qualifie d
archaeologist who would be availabl e
should significant paleontologica l
resources, archaeological resources, o r
cultural materials be encountered durin g
all grading work . The qualifie d
archaeologist shall be present at th e
preconstruction meeting to educate al l
construction workers for the propose d
project on the identification of subsurfac e
cultural resources .
In the event that any prehistori c
subsurface, archaeological features o r
deposits, including locally darkened soi l
("midden") that could conceal cultura l
deposits, animal bone, obsidian, and/o r
mortar are discovered durin g
construction-related earth-movin g
activities, all work within 150 feet of th e
resources shall be halted, and the
Durin g
construction
Monitor constructio n
activities to ensure al l
required mitigatio n
measures ar e
implemented .
City
r 4
South Street Apartments Affordable Housing Projec t
Initial Study-Mitigated Negative Declaratio n
Tablet Mitigation Monitoring for th e
South Street Apartments Affordable Housing Projec t
Mitigatio n
Number Mitigation Measure Implementatio n
Timing
Administrativ e
Action
Agency
Responsibl e
for Verificatio n
qualified archaeologist shall assess th e
significance of the find . Archaeologica l
test excavations shall be conducted b y
the qualified archaeologist to aid i n
determining the nature and integrity o f
the find . If the find is determined to b e
significant by the qualified archaeologist ,
the representatives of the City and th e
qualified archaeologist shall meet t o
determine the appropriate course o f
action . All significant cultural material s
recovered shall be subject to scientifi c
analysis, professional museu m
curations, and a report shall be prepare d
by the qualified archaeologist accordin g
to current professional standards .
If a Native American site is discovered ,
then the evaluation process shall includ e
consultation with the appropriate Nativ e
American(s). When Native America n
archaeological, ethnographic, or spiritua l
resources are involved, all identificatio n
and treatment shall be conducted b y
qualified archaeologists who are eithe r
certified by the Register of Professiona l
Archaeologists (RPA) or meet th e
federal standards as stated in the Cod e
of Federal Regulations (36 C .F .R . 61),
and Native American representative s
who are approved by the local Nativ e
American community as scholars of th e
cultural traditions .In the event that n o
such Native American is available ,
persons who represent triba l
governments and/or organizations in th e
locale in which resources could b e
affected shall be consulted .
The preconstruction meeting shall b e
completed prior to the commencement o f
any earth work or other constructio n
activities and verification of complianc e
shall be provided to the City . Each
contractor and all employees involve d
with earth moving activities including, bu t
not limited to, grading, scraping, drilling ,
and trenching, shall be required t o
participate in this preconstructio n
meeting . If subsequent contractors are
hired who did not participate in thi s
preconstruction meeting, they shall b e
required by the City to mee t
independently with the qualifie d
archaeologist consultant to review and
r 5
South Street Apartments Affordable Housing Projec t
City of San Luis Obispo Initial Study-Mitigated Negative Declaratio n
Table 1 . Mitigation Monitoring for th e
South Street Apartments Affordable Housing Projec t
Mitigatio n
Number Mitigation Measure Implementatio n
Timing
Administrativ e
Action
Agenc y
Responsibl e
for Verificatio n
discuss the potential for discovery o f
archaeological resources and the prope r
treatment of these materials, an d
verification of this subsequent trainin g
shall be provided to the City .
GEOLOGY AND SOIL S
Mitigation
Measure 8
The structural design of the project shal l
be in accordance with the Uniform
Building Code, which has been adopte d
by the City and the California Division o f
Mines and Geology Guidelines fo r
Evaluating and Mitigating Seismi c
Hazards in California, Specia l
Publication 117 (revised 2008).
Prior to
issuance o f
building permits
Review building plan s
and ensure al l
requirements ar e
met.
City
Mitigatio n
Measure 9
As required by the City, a geotechnica l
evaluation shall be performed . Th e
geotechnical evaluation shall include a
liquefaction analysis . At a minimum, the
liquefaction analysis shall be i n
accordance with City and State buildin g
codes, and the California Division o f
Mines and Geology Guidelines fo r
Evaluating and Mitigating Seismi c
Hazards in California (revised 2008).
Such studies would typically include site-
specific depth to groundwater and soi l
composition as they relate to seismicall y
induced hazards . Areas havin g
liquefiable sediments should b e
identified, and structures should b e
properly designed to withstand th e
conditions .
Prior to
issuance o f
grading permits
Review geotechnica l
evaluation an d
construction plans ,
and ensure al l
requirements ar e
met .
Cit y
NOISE
Mitigatio n
Measure
10
The applicant shall provide all adjacen t
property owners with a constructio n
activity schedule and construction route s
at least one week in advance o f
construction activities . Any alterations o r
additions shall require one wee k
notification .
Prior to an d
durin g
construction
Monitor constructio n
activities to ensure al l
required mitigatio n
measures ar e
implemented .
City
Mitigatio n
Measur e
11
Temporary noise barriers shall be use d
to attenuate construction noise in th e
vicinity of sensitive receptors, as well a s
receptors in which construction will resul t
in an exceedance of acceptable nois e
levels . The following measures shall b e
implemented to insure noise levels d o
not exceed the City's thresholds a s
defined in the Noise Control Ordinance .
These measures include, but are not
limited to the following :
During
construction
Monitor constructio n
activities to ensure al l
required mitigatio n
measures ar e
implemented .
City
South Street Apartments Affordable Housing Projec t
6
WIWI City of San Luis Obispo Initial Study-Mitigated Negative Declaratio n
Table 1 . Mitigation Monitoring for th e
South Street Apartments Affordable Housing Projec t
Mitigatio n
Number Mitigation Measure Implementatio n
Timing
Administrativ e
Action
Agenc y
Responsibl e
for Verificatio n
•Stationary construction equipmen t
shall be surrounded by temporary
acoustical shelters, such as soun d
blankets, if within 300 feet of a n
affected receptor .
•Temporary sound barriers shall b e
constructed between the constructio n
site and affected receptors .
•Contractors shall orient stationar y
construction equipment away fro m
residences and commercial buildings ;
•Contractors shall not allo w
construction equipment to idle whe n
that equipment is not in use .
•Whenever feasible, electrical powe r
shall be used to run air compressor s
and similar power tools .
TRANSPORTATION TRAFFI C
Mitigation
Measur e
12
Prior to the issuance of building permits ,
the applicant shall be responsible fo r
paying its "fair share" mitigation fee fo r
the percentage of new trips generated b y
the project that will travel through th e
intersection of Broad Street/Sant a
Barbara Street/South Street a s
determined by the Public Works Director ,
and based on the estimated intersectio n
improvement cost .
Prior to
occupanc y
clearance
Determine the "fai r
share" mitigation fe e
and obtain payment .
City
Mitigatio n
Measure
13
Prior to construction, the applicant shal l
submit to the City of San Luis Obispo fo r
review and approval a congestio n
management plan to be implemente d
during construction . The plan shal l
specify that :
•Trucks (delivery, hauling, an d
transportation trucks) should b e
scheduled outside the A .M . and P .M .
peak period (7 :00 to 9 :00 A .M . an d
4 :00 to 6 :00 P .M .); an d
•Construction activities shall b e
scheduled such that construction -
related traffic avoids entering an d
exiting the site during peak traffi c
periods .
•Truck routes shall be submitted to th e
City for review and approval prior t o
commencing with each phase o f
construction requiring significant truc k
traffic.
Prior t o
construction
Review congestio n
management pla n
and ensure al l
required mitigatio n
measures ar e
implemented .
City
r 7
South Street Apartments Affordable Housing Projec t
General Plan Land Use Element Map Exhibit B
SOUT H
Currently : Services & Manufacturin g
Proposed : High Density Residential
CIOS-40-SP