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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