HomeMy WebLinkAbout10/17/1989, 3 - GP/R 1451, A REQUEST TO AMEND THE LAND USE ELEMENT MAP AND REZONE A 0.7 ACRE PORTION OF 5.2 ACRE SITE FROM C-N, NEIGHBORHOOD COMMERCIAL, TO O-S, OFFICE WITH SPECIAL CONSIDERATIONS, AT THE NORTHWEST CORNER OF PRADO ROAD AND SOUTH HIGUERA ST MEEnNG DATE:
�I►IN�I�III�I�������In ll�ll� CTCy Of San LUIS OBISPO 10-17-89
COUNCIL AGENDA REPORT ITEM NUMBER:
FROM Randy Rossi, In¢erim Community Development Director; By: David Moran, Associate
Planner n.i�-
SUBJECT:GP/R 1451, a request to amend the land use element map and rezone a 0.7 acre
portion of 5.2 acre site from C-N, neighborhood commercial, to O-S, office with
special considerations, at the northwest corner of Prado Road and South Higuera
Street (Padre Plaza/Walter Center).
CAO RECOMMENDATION
Adopt resolution (No. 1) denying General Plan Amendment GP/R 1451, a request to
amend the Land Use Element map from neighborhood commercial to office at 3238
S. Hi uera Street.
INTRODUCTION
The applicant wants to amend the land use element map and rezone a portion of this site
to allow the expansion of government-related office uses. The site is a single 5.2 acre
lot of record with office and neighborhood commercial zoning and is occupied by a 3,800
square foot former restaurant building, a relatively new office building and a new office
building under construction. The 0.7 acre portion to be rezoned includes the restaurant
building and a portion of the parking lot (refer to diagram, attached).
The Planning Commission considered this request at their meeting of September 13, 1989. A
motion to recommend that the council approve the general plan amendment and rezoning
failed on a 3-3 vote (one member absent). On a subsequent motion, the commission voted
4-2 to recommend the council deny the request. The principal concern of the commission
~ was the inconsistency with the general plan land use element (see section 1 under
Evaluation) and the impact that a reduction of C-N zoned land would have on the
convenience shopping needs of the surrounding residential neighborhoods.
SIGNIFICANT IMPACTS
The initial environmental study did not identify any significant adverse impacts which
would result from the request. The request is not consistent with land use element
policies which say that the city should support the concept of neighborhood centers that
are 2 to 5 acres in size (depending on neighborhood size). The request could have a
beneficial impact on parking because office uses have a lower parking requirement than
the past use of the site (a restaurant).
FISCAL IMPACTS
None were identified.
CONSEQUENCES OF NOT TAKING THE RECOMMENDED ACTION
The C-N zoned center would continue to meet the minimum size requirement preferred by the
land use element, although a small portion of this area would be used for parking rather
than as a building site. Government offices could not occupy the existing 3,800 square
foot building.
3�1
���n� ►Iuhlllllll��►���III city of san -Luis OBlspo
COUNCIL AGENDA REPORT
GP/R 1451
Page 2
Site Description
The site is flat and is currently occupied by a 3800 square foot commercial building. The
site adjoins an office complex which contains numerous government offices. The 5.2 acre
lot has two land use designations, divided about equally between office on the westerly
portion and neighborhood commercial along S. Higuera Street.
Evaluation
1. Planning Commission Action -- The applicant represents that this site would be
better utilized as an expansion area for the government office center which occupies
the remaining portion of the site, in accordance with the city's tri-polar government
facilities policies (see section 3 under Evaluation). While this small addition
would help reduce the demand for government office space somewhat, staff had
recommended the planning commission deny the request primarily because it would also
reduce the size of the C-N zoned commercial center (Padre Plaza) below the minimum
size recommended by the land use element.
Staff feels that before we commit to utilizing any more of this site for other uses
(ie, government offices), we should resolve the long term question of where the
neighborhood services are going to be provided in this part of town, in light of the
expected increase in demand for such services (Margarita Riviera, employees of
recently approved service commercial projects, employees of new office buildings,
etc.).
The Planning Commission was divided over this issue, with some commissioners feeling
the reduction of C-N land at this center was not significant and others feeling that
an answer to the convenience shopping needs should be found before any more existing
C-N zoned land is taken away. For these reasons, an initial motion to approve the
request failed 3-3. A subsequent motion to recommend denial of the request,
principally to move the project along to the city council, passed on a 4-2 vote.
2. Factors Which Support Retention of The Existing Land Use Designation --
Neighborhood commercial centers are intended to meet the convenience shopping needs
of people living (and to a lessor extent, working) in a particular neighborhood,
thereby encouraging nonvehicular shopping trips and shorter vehicle trips. The
question to be answered regarding this requested change in land use designation is,
in light of the substantial service commercial and residential development expected
in the area surrounding the site, will the remaining 1.8 acres of C-N zoned land be
large enough to serve the expanding demand for neighborhood services? In staff's
opinion, the answer is no because:
The land use element favors neighborhood commercial centers which are between
two and five acres in size.
In this case, the portion of the site which will remain C-N will be
approximately 1.8 acres, of which about 0.5 acres will be devoted to parking for
the adjacent office building under construction for a net area of 1.3 acres. i
3�
�����►�►iuuillllll�I {{UIII MY Of San tuts OBISPO
Nii% COUNCIL AGENDA REPORT
GP/R 1451
Page 3
-- The Padre Plaza Shopping Complex is the only neighborhood commercial facility
serving the South Higuera area of the city, and no other C-N property is located
nearby. (refer to reduction of zoning map, attached)
Other C-N or C-R developments are at least a mile away from Padre Plaza. Various
plans currently being considered by the city call for infill and expansion of
residential and service commercial areas near Padre Plaza. Staff would estimate
that the Margarita residential expansion area and Garcia Ranch property in the
Airport Area Specific Plan area could accommodate nearly 2000 additional
residents over a 10 - 20 year time frame. Excluding the expansion areas, this
C-N zoned site now serves a residential neighborhood of approximately 350
people, in addition to hundreds more employed by surrounding C-S zone uses.
No provisions are being made in these expansion plans for additional C-N centers
because of land use element policies which say that the increased demand for
neighborhood services should be met by making more efficient use of existing
neighborhood centers (such as Padre Plaza), and that convenience centers should
have direct service access from the city's arterial or collector streets to
avoid the use of residential streets. In the case of the Margarita Riviera
expansion area, the specific plan could include a neighborhood center on Prado
Road. However, there is already a convenience center on Prado Road at S. Higuera
Street, which is the subject property.
The expansion plans do envision circulation improvements, including easterly and
westerly extensions of Prado Road, which would improve access to existing
shopping centers on Broad Street and Madonna Road.
-- The county plans to build an office complex within about five years at the
southeast corner of Prado Road and South Higuera Street which will be large
enough to house all of its social services functions.
When the social services offices relocate to the new building, 30,000 square
feet of office space will become available in the existing Walter Brothers
office center. In addition, the applicant recently received approval for an
additional 17,000 square feet of office space now under construction. Although
it is difficult to forecast growth in demand for office space by other
government agencies, we should wait and see how quickly the existing and
previously approved space is absorbed before committing more neighborhood
commercial lands to other uses. This is especially true when the expanded
offices could increase the demand for neighborhood services, such as
restaurants.
When the expansion areas are included, there will be a significant unmet demand for
neighborhood serving facilities. Rezoning another portion of this site will displace
this demand and result in pressure for rezoning of other vacant properties in the
neighborhood. The long term result could be the construction of a number of small
centers in the area competing with each other, the inappropriate dispersal of
restaurants and other uses to the C-S zone, or inadequate levels of neighborhood
services.
3 -3
���n���►►�IIIIIII�I � U city of San LUIS OBISpo
Sid; COUNCIL AGENDA REPORT
GP/R 1451
Page 4
3. Factors Which Support The Proposed Change In Land Use -- The land use element
states that the expansion of office facilities outside the downtown can be considered
at sites with an established group of offices. Policies relating to the location of
public facilities favor the "tri-polar" concept, with government administrative
offices located downtown, public health care related facilities (county hospital,
etc.) located on Johnson Avenue, and social services located on South Higuera Street
near Prado Road.
The expansion of office zoning at the Walter Brothers center would be consistent with
this policy. Since the policy limits the location of government offices to this
general area, an argument could be made that the city should accommodate the demand
for government office space by allowing the rezoning. If there is a need for
neighborhood services, other sites within the area could be rezoned. The vacant
parcel immediately across the street on the easterly side of South Higuera Street at
Margarita Avenue would be an example, although access and traffic generation impacts
of a neighborhood center on this site could be problems. The site is zoned C-S,
service commercial. The remaining land in the area is primarily service commercial
and medium density residential which has been built out.
The applicant's statement (attached) indicates the 0.7 acre portion of the site which
contains the restaurant and parking for the new office building should be rezoned to
accommodate, among others, the state Workman's Compensation insurance local offices.
The statement further justifies the rezoning by saying it will help meet the demand
for government office space, it will have a beneficial impact on parking, and that
the use of the building as a restaurant has never been successful.
4. Change In Parking Demand -- Overall parking requirements for the site would be
reduced somewhat under office zoning. Presently, 70 spaces are required for the Padre
Plaza and 57 are provided on-site. The remainder are provided in the office parking
lot under a shared parking and driveway agreement. However, if the restaurant were
converted to office use, the parking requirement would be further reduced by 25
spaces. Since there is a parking surplus for the entire site (508 total spaces
provided for Padre Plaza and the adjacent office complex, and 423 required) staff
feels the parking provided is adequate for either the existing or proposed land use.
5. Proposed "S" Designation -- The proposed special considerations zoning requested
by the applicant would be to insure, through the planning commission hearing process,
that only government related offices occupy the rezoned site.
ALTERNATIVES
1. The council may adopt draft resolution No. 1 to deny the general plan amendment and
rezoning as recommended by the Planning Commission.
2. The council may continue review of this item to a later date to allow the applicant
an opportunity to revise his plans. Staff asks the council to give specific direction
to the applicant.
3. The council may approve the general plan amendment and rezoning request by adopting ►
draft ordinance No. I and draft resolution No. 2 (applicant's request).
3 -�
1I11malloiligTIN J`� city of san tuis osispo
COUNCIL AGENDA REPORT
GP/R 1451
Page 5
4. The council may also direct staff to explore the possibility of including C-N
zoned property in the Margarita expansion area, or to explore rezoning a
surrounding property. You may also want to recommend rezoning the entire subject
property from C-N to office, to satisfy the expected demand for government
offices. These alternatives would require Planning Commission review.
RECOMMENDATION
Concur with the Community Development Director's determination of a negative declaration
on environmental impact and adopt draft resolution No. 1 to deny the general plan
amendment and rezoning with findings recommended by staff.
Attachments: vicinity map
draft resolution No. 1 (denial)
draft ordinance No. 1 (approval)
draft resolution No. 2 (approval)
applicant's statement
information on prior rezoning action
PC minutes from July, 1984
PC minutes from September 13, 1985
initial study
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EXHTRT.T A N -17- R
Draft Resolution No. 1
RESOLUTION NO. (1989 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING GENERAL PLAN AMENDMENT GP/R 1451,
A REQUEST TO AMEND THE LAND USE
ELEMENT MAP FROM NEIGHBORHOOD COMMERCIAL
TO OFFICE AT 3238 SOUTH HIGUERA STREET
WHEREAS, the applicant requested a general plan amendment to convert a 0.7 acre
portion of a 5.2 acre site from C-N, neighborhood commercial to office at the above
address; and
WHEREAS, the Planning Commission reviewed the request at its September 13, 1989
meeting and forwarded the request to the City Council with a recommendation for denial;
and
WHEREAS, on October 17, 1989, the City Council conducted a duly noticed public
hearing to consider the testimony of the applicant and other interested parties;
NOW, THEREFORE, the council of the City of San Luis Obispo takes an action to deny
general plan amendment GP/R 1451 based on the following findings:
1. The proposed general plan amendment may adversely affect the health, safety and
welfare of persons working on the site or residing in the vicinity.
2. The proposed land use designation is not appropriate at the proposed location and
will not be compatible with surrounding land uses.
3. The proposed land use designation is not consistent with the intent, purpose and
policies of the general plan.
3��
Resolution No. (1989 series)
Page 2
On motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this _ day of ,
1989.
Mayor
ATTEST:
City Clerk
APPROVED:
City /Administrative Officer
/,".,'C# At or�
Community Development Director
DRaft Ordinance No. 1
ORDINANCE NO. (1989 SERIES)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING GP/R 1451, AMENDING THE OFFICIAL ZONE
MAP OF THE CITY TO REZONE APPROXIMATELY 0.7
ACRES AT 3238 SOUTH HIGUERA STREET FROM C-N TO O-S
WHEREAS, the Planning Commission and the City Council have held hearings to consider
appropriate zoning on the subject property in accordance with Section 65800 et. seq. of
the Government Code; and
WHEREAS, the project will not have a significant adverse impact on the environment
and has been granted a negative declaration subject to the mitigation measures listed in
initial study No. ER 43-89 which is hereby incorporated by reference; and
WHEREAS, the proposed rezoning will not be detrimental to the health safety and
welfare of persons living or working in the area or at the site; and
WHEREAS, the proposed rezoning is consistent with the general plan; and
WHEREAS, the "S", special consideration designation is to insure that only government
offices occupy the site.
NOW THEREFORE BE IT ORDAINED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. That the area shown on the map attached hereto marked Exhibit "A" and
included herein by reference, be reclassified from C-N to O-S.
Ordinance No. (1989 Series)
Page 2
SECTION 2. After review and consideration, the determination of the Community
Development Director to approve a negative declaration is hereby affirmed.
SECTION 3. A synopsis of this ordinance, approved by the City Attorney, together
with the ayes and noes, shall be published once in full, at least three (3) days prior to
its final passage, in the Telegram-Tribune, a newspaper published and circulated in said
city, and the same shall go into effect at the expiration of thirty (30) days after its
said final passage. A copy of the full text of this ordinance shall be on file in the
office of the City Clerk on and after the date following introduction and passage to
print and shall be available to any interested member of the public.
On motion of I seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing ordinance was passed and adopted this _ day of
1989.
Mayor
ATTEST:
City Clerk
APPROVED:
`City Administrative Officer
City/Attorney
Community Development Director n 11
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DRaft Resolution No. 1
RESOLUTION NO. (1989 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING GP/R 1451, AMENDING THE LAND USE ELEMENT MAP
OF THE CITY OF SAN LUIS OBISPO FROM NEIGHBORHOOD COMMERCIAL
TO OFFICE FOR A 0.7 ACRE PORTION OF A 5.2
ACRE SITE AT 3238 SOUTH HIGUERA STREET
WHEREAS, the Planning Commission and the City Council have held hearings to consider
appropriate land use designation on the subject property in accordance with Section 65800
et. seq. of the Government Code; and
WHEREAS, the general plan amendment will not have a significant adverse impact on the
environment and has been granted a negative declaration subject to the mitigation
measures listed in initial study No. ER 43-89 which is hereby incorporated by reference;
and
WHEREAS, the proposed general plan amendment will not be detrimental to the health
safety and welfare of persons living or working in the area or at the site; and
WHEREAS, the proposed general plan amendment is consistent with the general plan; and
WHEREAS, the proposed land use designation is appropriate at the proposed location
and will be compatible with surrounding land uses.
NOW THEREFORE BE IT ORDAINED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. That the area shown on the map attached hereto marked Exhibit "A" and
included herein by reference, be reclassified from neighborhood commercial to office.
3 ,13
Resolution No. (1989 series)
Page 2
On motion of , seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this _ day of
1989.
Mayor
ATTEST:
City Clerk
APPROVED:
r7t-City�AAdministrative Officer
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Community Development Director
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JUN ;� �
June 20, 1989
Mr. Mike Multari
Community Development Department
City of San Luis Obispo
P. O. Box 8100
San Luis Obispo, CA 93403-8100
SUBJECT: 3238 SOUTH HIGUERA STREET REZONING
Dear Mr. Multari:
With the Planning Commission's June 14 action determining that State Workman's
Compensation was a "government use", we .hereby request that the property at 3238
South Higuera Street be rezoned to allow this and/or other government office uses
to locate at this address. Indeed, certain Commissioners suggested that a rezoning
would be the most appropriate route.
Accordingly, we have enclosed all the application forms, exhibits and property owners
verification list constituting our application for a rezoning of the area currently
occupied by the former Chuck Wagon Restaurant at 3238 South Higuera Street from
C-N "Neighborhood-Commercial" to O-S "Office-Special Considerations".
Our current Administrative Use Permit request to locate a non-profit organization
use in this building remains valid and is not affected by this application. We are
submitting this requested rezoning because we see this type of zoning for this
property as its best long term use. The 4,000 square foot structure currently
occupying the site has historically been used for restaurant purposes by three
different concerns who have not been able to make it at this location. With the
increasing demand for government offices expansion, the rezoning of this site to O-
S would make it a logical, natural adjunct to the South Higuera Social Services
Center to the immediate north of this site.
As part of this application we offer the following:
3 '��
Mr. Mike Multari
Page 2
June 20, 1989
1. Existing building, zoned for restaurant purposes, has never been able to
succeed at this location. The infusion of newer restaurants into the nearby
C-S zones are now meeting neighborhood needs for restaurant or food
services uses.
2. The new land use would have a beneficial impact on parking both for the
Padre neighborhood commercial complex as well as the South Higuera
Social Services Center. If the building and property were to remain as a
restaurant use, 38 parking spaces would be required under City Ordinance.
If devoted to government office uses similar to those to the north, only 13
spaces would be required by the City, making for a net of 25 new spaces
that would be available to serve these uses.
3. As the increase in demand for government office uses continues, the site
is an ideal one to keep pace with that demand. The site proposed for the
rezoning is already flanked to the west and north with government office
uses.
4. The land use would be a more water-conserving one than trying to
continually fill the space with water consuming restaurant uses.
Please let us know of any timely hearing dates you might set on this matter,
otherwise I look forward to any questions or comments you may wish to discuss with
me.
Sincerely,
RRM DE2S'IIGGNN GR UP
J
T. Keith Gurne
Senior Vice esident
Planning Division
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stern 1. Public Heari neral Plan Amendment & Rez
' /R 1147.
Cons d t of mending the Land Use Element- rlap and Z lon�ng Map to
change the designation of approximately 2.9 acres from
Neighborhood-Co mercial (C-N) to Office, with Special Considerations
(0-S) ; 3240 South Higuera Street; Don Walters, applicant.
Greg Smith, Associate Planner, presented the staff report, recommending denial
because expansion of the office zoning is not consistent with the land use
policies regarding dispersion of office uses and because existing
neighborhood-commercial facilities are not adequate to meet the current and
future needs of persons working and living in that neighborhood.
Chairperson Gerety declared the public hearing open.
Keith Gurnee, representative for the applicant, indicating the zoning request
to O-S, would place the same limitations on the existing structures, as in the
rest of the O-S area. He reviewed past actions affecting the property. He
felt the only valid issue raised would be the size of the center, but the size
of the center as proposed is 3.9 acres, and is still consistent with the
minimum required in C-N zones. He did not feel there was a shortage of
neighborhood-commercial space in the area because there was not much demand for
the C-N space in the center. If the commission felt the center was too small,
he suggested extending the C-N zoning boundary back to the area marked as
"Parking Expansion" which would add another 4/10 of an acre to the C-N area.
Mr. Gurnee noted that approximately 6000 square feet of C-N usage was presently
available in Building 2 and that the tenants that are now renting or are
proposed to rent Building 2 and the Social Services building are mostly public
agencies.
Chairperson Gerety declared the public hearing closed.
Commr. Reiss commented that the Building 2 has not attracted viable
neighborhood-commercial tenants and was sympathetic to the zoning change.
Chairperson Gerety disagreed, feeling that Building 2 was an example of poor
site planning. He would prefer leaving the zoning as it is, but as a
compromise, he could support Building 2 would be included within the 0-S zone, j !
and leaving the portion marked "Parking Expansion" in the C-N zone. This would
make the neighborhood shopping area more in line with current city standards.
Commr. Cleeves also supported the compromise. i
Ccennr. Schmidt felt the Building 2 could work as a commercial building if
another commercial building facing Building 2 was built in the "parking
Expansion" area, when the demand materializes. He suggested keeping the
present zoning and allowing non-conforming uses in Building 2 until the demand
develops for a neighborhood-ccumercial center in that area.
Commr. Schmidt moved to deny the rezoning request, leaving the zoning and
general plan as is.
Chairperson Gerety seconded the motion.
VOTING: AYES: Comers. Schmidt, Gerety, and Cleeves
NOES: Coamrs. Howard.and Reiss
ASSENT: CO=. Dettmer
The motion fails.
C *03
ommr. Reiss moved to approve the zoning request, changing
to O-S as requested. ng n9 the zoning free C-N
VU121NC;: AYES: Cormrs. and Howard
NOES: Commrs. Cleeves, Schmidt and Gerety
ABSENT: Corrmr. Dettmer
The motion fails.
Chairperson Gerety moved to recommend to the City Council approval of the
General Plan Amendment/Rezoning GP/R 1147 from C-N to O-S, but eliminate that
portion of property shown as "Parking Expansion" on the map from consideration.
I
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Cortmr. Cleeves seconded the motion, Resolution No. 2020-84.
VOTING: AYES: Commr. Gerety, Cleeves, Howard and Reiss
NOES: Carmr. Schmidt
ABSENT: Commmr. Dettmer
The motion passes.
Item 2. Public Hearing: Use Permit A 73-84. Appeal of Hearing Officer's
action conditionally approving a request allowing a temporary
construction yard anconstruction trailer; 987 San Adriano Court;
R-1 zone; Laguna Hill Estates, applicant; Daniel R. Neumann,
appellant.
Greg Smith, Associate Planner, resented the staff report, recommending denial
of the appeal.
Chairperson Gerety declared the ublic hearing open.
Daniel P. Neumann, 1097 San Adri no Court, appellant, was opposed to the use,
stating concerns with increased traffic and safety hazards to children in the
area. The construction trailer and yard is an eyesore and incompatible with
the residential neighborhood.
Rick Webster, representative for Laguna Hills Estates, applicant, stated the
use generates little or no traff'c. Most traffic generated relates to building
sites. The construction yard is used for storage of materials and equipment
for safety and security reasons. He noted all construction sites are all
within walking distance of the cDnstruction yard. Traffic and noise are normal
based on a construction project Df this size. He noted that some
sub-contractors have been working Sundays and past 6:00 p.m. on Sundays, but
was not aware this was a problem.
He would be agreeable to any limitation of
hours the commission might impose.
Dr. Geoffrey Chaffe, 944 San Adr ano Court, also opposed the use, stating the
use was incompatible with the ne ghborhood and was concerned about property
values falling because of the use being there. He noted that the neighborhood
was originally designed as a cus om-home development and felt that the use of
the area has been changed with tie issuance of the permit for the construction
yard. He also noted there is a iesel tank and pump located on the site with
no lock which is a safety hazar He indicated most of the neighborhood was
opposed to the use because of traffic congestion, dust, and noise.
Mr. Webster noted that the diesel tank is empty and has no objection to
.onn.ri nn i h
Draft P.C. Minutes
September 13, 1989
S. Public Hearing: General Plan Amendment 8 Rezoning GP/R 1451.
Consideration of amending the Land Use Element map and zoning map to
change the designations from neighborhood-commercial (C-N) to office,
special considerations (O-S) for property at 3239 South Higuera Street;
Walter Brothers Construction Co., applicant.
Judith Lautner, Associate Planner, presented the staff report and recommending
denial of .the request.
Commrs. Hoffman, Karleskint, and Crotser stated they had spoken with the
applicant.
Chairperson Duerk opened the public hearing.
John Wilbanks, 3026 S. Higuera Street, applicant's representative, discussed
the project history and the request. He discussed general plan guidelines and
C-N zone uses. He cited Policies #6 and #7 of the Land Use Element regarding
convenience commercial uses. He did not feel the county project should be
considered in the analysis and stated the applicant had demand for the
available square footage as office space. He felt the request was consistent
with the tri-polar concept and felt the existing building should be utilized
to capacity. He submitted a list of suggested findings and conditions.
Chairperson Duerk closed the public hearing.
Commr. Roalman stated he supported the request.
Commr. Kourakis was concerned with the long-term effects of changing the
zoning, saying it was premature considering the general plan update process.
Commr. Crotser did not want to delete C-N from this neighborhood without
having a replacement area.
Commrs. Karleskiat and Hoffman felt the change to O-S zoning would support the
tri-polar concept and office needs. They did not feel this was a viable
C-N site.
Chairperson Duerk felt C-S uses wee different from C-N uses and was reluctant
to change the zoning and diminish the C-N parcel.
Commr. Kourakis moved to deny the request as she could not make the findings.
Commr. Crotser seconded the motion.
AYES: Kourakis, Crotser, Duerk
NOES: Hoffman, Karleskint, Roalman
ABSENT: Schmidt
3 - � I
P.C. Minutes
September 13, 1989
Page 2
The motion fails.
The commission discussed options available to move the project along. The
applicant's representative stated a continuance would not be acceptable.
Commr. Roalman moved to recommend denial as the findings could not be made,
saying that he changed his vote to allow the request to go on to the City
Council.
Commr. Rourakis seconded the motion.
AYES: Roalman, Rourakis, Crotser, Duerk
NOES: Hoffman, Karleskint
ABSENT: Schmidt
The motion passes.
3 -O
city of san lues osispo
i'IIII�III IIIII�I I!Ili!iillill i��l.
11��►'�'''
IN STUDY OF ENVIRONMENTAL IMPACT
SITE LOCATION 3238 S. H i guera Street APPLICATION NO. ER43-89
PROJECT DESCRIPTION GP/R 1451 , request to rezone a 0.7 acre portion of a 5.2 acre site
from C-N, neighborhood commercial , to office with special considerations.
APPLICANT Don Walters
1
STAFF RECOMMENDATION:
_NEGATIVE DECLARATION —MITIGATION INCLUDED,
EXPANDED INITIAL STUar• UIRED ENVIRONMENTAL IMPACT REPORT REQUIRED
PREPARED BY David PT n, Associate Planner DATE 8/27/89
COMMUNITY DEVELOPMENT DIRECTOR'S ACTION: DATE
SUMMARY OF INITIAL STUDY FINDINGS
1. DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING
11.POTENTIAL IMPACT REVIEW POSSIBLE ADVERSE EFFECTS
A. COMMUNITY PLANS AND GOALS ................................................... nlpne
B. POPULATION DISTRIBUTION AND GROWTH.......................................... None.
C. LAND USE ........................................................................
None.
D. TRANSPORTATION AND CIRCULATION __....__.__. None.*
E PUBLIC SERVICES ...................... ........................ None.*
F. UTILITIES....................................................
................... None.
G. NOISE LEVELS ......................... .... None.*
H. GEOLOGIC&SEISMIC HAZARDS&TOPOGRAPHIC MODIFICATIONS .................... None.
I. AIR QUALITY AND WIND CONDITIONS............................................... None.
J. SURFACE WATER FLOW AND QUALITY .............................................. None.
K PLANT LIFE...................................................................... None.
L ANIMALLIFE...................................................................... None.
M. ARCHAEOLOGICALIHISTORICAL ................................................... None.
N. AESTHETIC ...................................................................... None.
None.
O. ENERGWRESOURCE USE ..........................................................
None.
P. OTHER ..........................................................................
III.STAFF RECOMMENDATION
Negative declaration.
'SEE ATTACHED REPORT yB ay
3 '
Initial Study ER 43-89
Page 2
I. DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING
The applicant wants to amend the land use element of the general plan and rezone a .7
acre portion of a 5.2 acre site at the northwest corner of Prado Road and South Higuera
Street from C-N, neighborhood commercial, to office with special considerations. The site
is flat and is currently occupied by a 3800 square foot commercial building and parking
for 38 vehicles, and adjoins an office complex which contains numerous government
agencies. The site has multiple land use designations, divided about equally between
office and neighborhood commercial.
H. POTENTIAL IMPACT OVERVIEW
A. Community Plans and Goals
The site appears to be well suited for both neighborhood commercial activities and
office, as witnessed by the multiple zoning of the site. The land use element favors
neighborhood commercial centers which are between two and five acres in size to serve
the needs of local residential neighborhoods. In this case, the portion of the site
which will remain C-N will be approximately 2.5 acres, a reduction of approximately
21%. In light of the expected development of a major residential expansion area
immediately east of the site (Margarita), the ability of this site to serve the needs
of this neighborhood will be slightly diminished. However, there remains development
potential on the remaining C-N land. Evaluation: Not Significant
The land use element also allows limited expansion of office districts outside the
central business district when the expansion is based on an established group of
offices. In this case, the office center adjoining the site has been identified as
part of the "triad" of government office centers in the city, the others being the
county hospital area and the downtown government center. The expansion of the office
designation of this site would be in keeping with the city's policies regarding the
location of government offices. Evaluation: Not Significant
D. Transportation
Trip generation rates for office uses are generally lower than for neighborhood
commercial uses, although peak hour trip characteristics could be slightly higher for
office uses because of their hours of operation. The net difference between the two
land uses should not constitute an adverse impact.
Parking requirements for offices are equal to or less than for C-N type uses.
Evaluation: Not Significant
E. Public Services
The provision of public services will likely be equal or less than for the C-N
designation. Office uses are generally less water intensive than certain C-N zone
uses such as a restaurant, although office projects typically have larger areas of
irrigated landscaping. Evaluation: Not Significant
G. Noise
Noise exposure requirements are the same for both office and commercial land uses.
3
I
ER 43-89 '
Page 2
I•I1..STAFF RECOMMENDATION .
Negative.declaration.
_ I
3 a.
Mc-nNG J AGENDA
DATE #
(nUenotes action by Ltac F'aao;
R R M 1) I: ti I G N G K O LI P Respond by.
Vcouncil
VCA.
October 13, 1989 5VC'n'Arty
I]Clelk9d
mss/
Mayor Ron Dunin
City of San Luis Obispo ,I E C E I V E D
P. O. Box 8100
San Luis Obispo, CA 93403-8100 OCT 1 3 1989
Re: Padre Plaza/Walter's Center Rezoning Request CITY CLERK
(Case No. GP/R1451) SAN LUIS OBISPO.CA
Honorable Mayor Dunin:
I am writing on behalf of Don Walter regarding public hearing item No. 3 at your
Council meeting scheduled for October 17th. Mr. Walter is requesting a general plan
amendment and rezoning of a portion of his property from C-N "Neighborhood
Commercial" to O-S "Office - with Special Considerations".
My purpose in writing to you is in response to the Staffs recommendation for denial
of this request. I would like to appeal to your sense of planning logic in your
consideration of this matter. While Staff's recommendation continues to be for
denial, it is clear in their own analysis contained in the Council Agenda Report, that
there is merit to the proposal. This was also evidenced by the split vote of the
Planning Commission. I think you will see in the following discussion that your
Council should approve the general plan amendment and rezoning request by
adopting Draft Ordinance No. 1 and Draft Resolution No. 2 as outlined in the
Council Agenda Report. it
The staff is recommending denial of the proposed amendment and rezoning based
primarily on the insufficiency of the remaining C-N zoned land to serve expanding
demand for neighborhood commercial services. There are several points I would like
to make relative to their concerns. I think their analysis failed to take into
consideration a number of extenuating conditions that make this particular C-N
zoned piece of property unique in its location and function.
A primary concern the staff appears to have is that the request will result in a C-N
zone property of less than 2 acres. The City's General Plan sets forth the policy
supporting the concept of neighborhood convenience centers ranging from 2-5 acres
in size, depending upon the service area. The first important thing to point out
relative to that policy is that it is aimed at the creation of new neighborhood
eo- .,
s: rs . ,
;
October 13, 1989
Page 2
convenience centers which is evident in the language of the policy (i.e. "support the
concept of..."). This policy is by no means a mandate aimed at dictating or regulating
the size of neighborhood commercial centers.
The second point I would like to make is relative to the center's size. The C-N zone
was created to allow for the placement of commercial services within residential
neighborhoods for the purpose of serving the convenience needs of those residents
living nearby. It is not typical that a neighborhood commercial shopping center
would have a significant amount of alternative commercial zoning surrounding it, as
is the case here. There is a considerable amount of undeveloped, as well as
developed, C-S zoned property surrounding the subject neighborhood commercial site.
The C-S (Commercial Service) zone allows for 30 of the same commercial uses that
are allowed in the neighborhood commercial zone plus an additional 64 categories
of use not allowed in C-N. There are only 13 use categories allowed in C-N and not
in C-S (see attached Exhibit A). So to consider this C-N zoned site as a sacred cow
because of its size and location is misleading when there is a considerable amount
of surrounding C-S zoned property that can accommodate many of the "neighborhood
serving uses". The C-N zone was not intended to be located within other commercial
district areas, which the South Higuera/Prado Road area has turned into. So the
significance of this C-N zoned property to surrounding residents is considerably
diminished given its location being surrounded by C-S zoned properties.
The second issue also related to the center's size is that even if the subject C-N
zoned property was considered the Neighborhood Commercial Center for the area
suggested by staff, there is no way that the type of commercial facilities needed to
serve the larger population could be accommodated on this site (e.g. a large grocery
store, drug store and ancillary uses, etc.). It's too late for that. The Williams
Brothers shopping center located on Broad Street and the Laguna Village shopping
center located on Madonna Road and Los Osos Valley Road are more exemplary
of what a neighborhood commercial center should be. Clearly that type of center
would never fit on what is left of the C-N zoned property at the Walter Center.
With the addition of residential units in the expansion areas, as discussed by staff in
their Staff Report, there will also be the addition of streets which will provide for
more convenient and shorter distances to access the Broad Street corridor, hence
making the Williams Brothers shopping center probably a more logical neighborhood
commercial center for this area (it is only one mile from the expansion areas -see
exhibit B).
October 13, 1989
Page 3
In contrast, the primary service that the existing Padre Plaza is providing is
convenience to the surrounding government offices and commercial uses located
within the South Higuera Commerce Park and along the Higuera corridor. The
residential service area is limited as noted by staff (±350 residents). The plaza is just
beginning to function at a level of activity to suit its size. Business still will slow
down substantially in the evenings and on weekends.
There are additional neighborhood convenience commercial land use policies
contained within the City's General Plan that the staff has overlooked in their analysis
that 1 think play a significant role in the consideration of this request. Those are
policies No. 6 and 7 which state:
"6. Scattered, small scale convenience commercial stores within
established residential neighborhoods may be retained where their
operation is proven compatible with surrounding uses. Existing
stores should be evaluated as to the conditions and character of
their operations and encouraged to improve where necessary to
better integrate with the surrounding residential land uses. Where
evaluations show compatibility and/or lack of market needs, the City
should prohibit the intensification and/or expansion of isolated
neighborhood commercial facilities and should provide for their long-
term replacement with land uses typical of the surrounding
neighborhood.
"T Scattered convenience commercial use within retail or industrial
districts should be consolidated to form .more efficient convenience
centers or relocated to more suitable sites adjacent to residential
districts."
These two policies suggest that where the market indicates a lack of need for the
neighborhood commercial that it should be phased out and replaced with land uses
typical of the surrounding neighborhood. In this particular case the surrounding
neighborhood is in fact government office uses, so it would prove logical that in the
longer term perhaps the C-N zoning on this property should be phased out.
Currently the request is only for a portion of the C-N zone site as the balance of the
site is still functioning appropriately with the market demand in the area.
October 13, 1989
Page 4
Policy No. 7 is important to consider in the long-term view of things because it is
clear that saving even the existing area of C-N zone property at this corner will not
effectively provide service to the residential build-out that can occur in the immediate
surrounding area and, as such, again this neighborhood commercial site should
probably be phased out over the long-term. A more suitable, larger neighborhood
commercial site should be planned in better proximity to the residential districts. As
suggested in the Staff Report perhaps the Prado Road extension would provide for
an appropriately designated neighborhood commercial site or, as I have suggested
above, perhaps the existing commercial facilities located along the Broad Street
corridor and on Madonna and Los Osos Valley Road will begin to function more
efficiently as neighborhood commercial centers as access is improved throughout the
area. The important point is that denial of this request does not solve the longer
term neighborhood commercial needs for the 10 to 20 year time frame, if in fact the
expansion areas are annexed and developed. While the staff is right in having
concern for the long-term neighborhood commercial needs in the vicinity, it is
unjustified to suggest that the subject request should be denied. Denial will not solve
the longer term question nor will approval create a short term problem.
The staff also suggests that the subject request is not warranted because the County
plans to construct a ±30,000 square foot building to accommodate their entire Social
Services Department across the street. The staff points out that this is 5 years away.
The County has not to date filed an application for the City's consideration. It will
necessitate a Land Use Element Amendment and Zone change of a nature similar
to this request. The demand, based upon the historical growth in the existing Walter
Center and in response to the City's Tri-polar concept for locating office uses in the
City, will very likely be at or beyond the level capable of being absorbed by 30,000
square feet or more by the time that floor space is available.
Nevertheless, this application is before the Council now and represents a response
to the present demand (see attached letters). To base a decision today on a future
application for development is not only inappropriate but also represents a dangerous
precedent for consideration of future applications as it can be construed as giving
preferential treatment to one applicant over another. Therefore, the County's
consideration for construction of a new facility should not be a significant factor in
your decision-making on this request.
i
I
October 13, 1989
Page 5
The proposed amendment and zone change request is consistent with the City's
General Plan policies aimed at continuing the focus on the tri-polar concept for office
use location. As I am sure most of the Council is aware, this entire 13 acre site was
originally zoned C-N Neighborhood Commercial. At that size it would have served
the appropriate function for the ultimate growth of residential uses in this area.
However, there has been clear policy direction on the part of the City (i.e. the Tri-
polar concept) to focus on government offices locating on this site. There is no
doubt that this request is consistent with that policy direction. With consideration
given to the request's consistency with this land use policy as well as the other land
use policies relating to neighborhood commercial in the City's General Plan it is clear
that the Council can find this request consistent with the City's General Plan more
appropriately that it can be found to be inconsistent. The findings outlined in the
draft resolution No. 1 for denial of this request cannot legitimately be made by the
Council (see page 3-8 of your Council Agenda packet). The only inconsistency that
the staff has been able to determine in their analysis relates to the size of the center.
To reiterate, that particular policy is clearly intended for guidance in the locating and
creation of new sites for neighborhood commercial services below a specific size.
The conclusion is substantiated by the language in policies 6 and 7 discussed above.
In summary, the benefits of the proposed request are:
1. Consistency with the tri-polar concept by furthering the City policy to
concentrate the location of government office uses in this vicinity and
serving as a logical expansion of the existing government office center.
a
2. Reduced parking demand.
3. Reduced water use over typical C-N uses (particularly a restaurant).
4. Allowing for the phasing out of the C-N uses on this site in a manner
consistent with the market demand for government offices and the timely
phasing out of the C-N uses on the property.
5. Keeping state office users from relocating out the City of San Luis Obispo
(e.g. California Highway Patrol).
October 13, 1989
Page 6
To deny this request is to deny Mr. Walter the beneficial use of his building. The
market for additional commercial uses is not strong, as is evident by the past failures
of previous tenants in the building, while the demand for the government offices is
substantiated herein.
I urge the Council to support this request by adopting Draft Ordinance No. 1 and
Draft Resolution No. 2 and at the same time directing staff to explore the possibility
of including a C-N zoned site within one of the expansion areas or the Airport Area
through one of the proper long-range planning process currently under way (i.e. the
City's General Plan Update or the City/County Airport Area Specific Plan process).
Thank you for your consideration in this matter.
Sincerely,
RRM. DESIGN GROUP
.r
J
John B.�Wilbanks, AICP
Senior Vice President
Planning Division
cc: Mr. Don Walter j
Mr. Keith Gurnee, RRM '
a/jw-padre.rez
COMPARISON OF USES ALLOWED IN GN AND C-S ZONES
ALLOWED IN BOTH GN AND C-S ZONES (30 USES)
Amusement arcades
Athletic and health clubs, gymnasiums, fitness centers, tanning centers
Bars, taverns, etc.
Barbers, hairstylists, manicurists, tanning centers
Caretaker's quarters
Carwash - self-service
Cemeteries, mausoleums, columbariums
Christmas tree sales
Churches, synagogues, temples, etc.
Circus, carnival, fair, festival, parades
Construction activities
Hot tubs - commercial use
Laundry/dry cleaner - pickup point, self-service
Mineral extraction
Mobile home as construction office
Organizations (professional, religious, political, labor, fraternal, trade, youth, etc.)
offices and meeting rooms
Photocopy services; quick printers
Photo Finishing - retail
Photographic studies
Repair services - household appliances, locksmiths, saw sharpening, shoe repair
Restaurants, sandwich shops, takeout food, etc.
Retail sales and repair of bicycles
Retail sales - groceries, liquor and specialized foods (bakery, meats, dairy items, etc.)
Retail sales - 15,000 square feet or less gross floor area per establishment
- 15,001 to 60,000 square feet gross floor area per establishment
Service stations
Temporary sales
Temporary uses - not otherwise listed in Section 17.08.010K
Vending machines
ALLOWED IN C-N, BUT NOT IN C-S (13 USES)
Bank Branches
Dwellings
Florists
Branch Libraries
Temporary Residence Mobile Homes
Parks
Pool Halls
Residential Care Facilities
Retail Sales & Rental - specialties
Day Care Centers
Social Service, Charitable Agencies
Theaters
Utilities' Payment Drops
64 ADDITIONAL USES ARE ALLOWED IN C-S ONLY
EXHIBIT A
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EX IBIT B
COUNTY OF SAN LUIS OBISPO
A
bepamment of qcncQat scQvices
ZNMI NI C ENTER, -SAN LUIS OBISPO. ('ALIFORNIA 0340,9 (603) 541' .;200
COUNTY GOVER
ISI ANI I' I I Ili ISINI I(IN
April 6, 1989
Walter Bros. Construction
P.O. Box 807
San Luis Obispo, CA 93406
3220 SOUTH HIGUERA STREET
The County is experiencing a critical shortage of office space at the above
referenced facility. We are hoping to expand into the 2500 square foot space
presently occupied by State Compensation. We will need this space for
approximately three years.
Please advise me as to when and if this space will be available, and let me know if
I can be of assistance in bringing this request to fruition.
Thank you for your time and consideration in this matter.
CURTIS SORG
County Property Manager
mke/0350w/M#1
4-13
STATE OF CALIFORNIA—STATE AND CONSUMER SERVICES AGENCY a GEORGE DEUKMEJIAN, Gowr"or
DEPARTMENT OF GENERAL SERVICES
Office of Real Estate and Design Services
400 "P" Street, Suite 3110
Sacramento, California 95814
(916) 445-2716 FAX (916) 323-5607
August 15, 1989 TRANSACTION NO. 8903091
Mr. Don Walter
President
Walter Brothers Construction
P. 0. Box 809
San Luis Obispo, CA 93406
Dear Don:
This letter is to confirm our conversation of today. The Alcohol
Beverage Control lease extension was fully executed today.
Because of my workload I have not yet prepared the lease extensions for
Department of Justice, Department of Consumer Affairs or Department of
Parks and Recreation. I will have those prepared and executed prior to
September 15, 1989. The rental rate has been negotiated and agreed at
$1.40 per square foot.
Also, the California Highway Patrol is very interested in leasing the
remaining space in your building.
Sincerely,
TERRY W. BIRD
Leasing Officer
TWB:ca:G074ABC8.15
cc: Chase Osborne, Imperial Bank
N San Luis Obispo County Narcotics Task Force
WA17E
January 4 , 1989 .14N
rrr.
rf
Mr . Don Walter
Walter Brothers Construction
San Luis Obispo , CA 93401
Dear Mr . Walter :
It is our intention to lease an additional 300 square feet in
addition to our current 1 , 370 square foot office , as soon as the
300 square feet become available . This will satisfy temporarily
our needs for additional space .
However , due to the growth our programs are experiencing , both in
terms of personnel and equipment , we will be in need of
additional office space in the near future . Our department would
appreciate notification of any available space you may have in
any of your buildings in the future .
Sincerely ,
James Christian
Special Agent Supervisor
California Dept . of Justice
Bureau of Narcotic Enforcement
J C : s d
Post Office Box 3110, San Luis Obispo, California 93403 Telephone (SOS) 549-3415 ATSS 629-3415
STATE
COMPENSATION
I N S U R A"CE
FUND
1275 MARKET STREET
SAN FRANCISCO.CA 94103-1410 w ul I•, v ul_rf.n tu:
January 3 , 1989
WALT[:,'
MDon C. Walter (atl - (; �," :!�
Walter Bros. Construction Co. co" rn. 17.
P.O. Box 809
San Luis Obispo, CA 93406
Dear Mr. Walter
Thank you for your telephone call today. I was happy to hear that .
the signed lease is on it 's way via Federal Express . Having the
signed lease is definitely a positive way to start the new year.
Now that our lease negotiations for 3220 So. Higuera are behind us ,
there i5 one point that I wish to bring to your attention. Our
staffing needs for the San Luis Obispo area are uncertain at this
time and are liable to change. Therefore, I would appreaciate
notification of any available space you may have in any of your
buildings in the future. Even though the space we now occupy is
adequate for our present staff, we would be most interested in
knowing what space is available in your buildings at any given time.
1ncere
"ly
Gloria Rodriguez
Asst. Real Property Manager
(415) 565-1213
a 1 s
cc - C. Cohn
cc - A. Hershenson
MAIL ADDRESS: P.O. BOX 807 SAN FRANCISCO. CA 94101-0807
STATE
COMPENSATION
INSURANCG
BUND
lilm1 7279
'N HEH.r AUCA To
March 22, 1989
Mr. Donald C. Walter
Walter Bros. Construction Co. , Inc.
P. 0. Box 809
San Luis Obispo, CA 93406
Dear Mr. Walter
Please consider this letter notice of our intent to modify the existing
Lease between Walter Bros. Construction Company, Inc. and State
Compensation Insurance Fund to cover the relocation of our legal offices
from the building located at 3220 South Higuera Street to the building
located at 3238 South Higuera Street, San Luis Obispo, California.
The terms of the modifications to the Lease are to include:
A. A three-year lease term commencing upon the date of occupancy.
B. A monthly rental rate of $1.35 per net rentable square foot, modified
full service. Fund to pay utilities and reimburse for Janitorial
service.
C. Landlord is to provide space planning services and build-to-suit
quarters comparable to our existing space.
D. The Fund shall have the option to ext@nd the Lease for an additional
two- (2) year term upon six (6) months notice to Landlord.
E. The Fund shall have the right to use four (4) parking spaces for every
1.000 square feet of rentable space.
F. All other terms and conditions of the existing Lease dated December
29. 1988 are to continue as applicable.
6. CPI Adjustment for the modified Lease is to begin one year from the
date of occupancy.
1175 Market Street•San Frandsoo.CA G4103-1410
Ma'fn0 Adareu:P.O.Born 807.San Frandow.CA 94101-0907
I
Mr. Donald C. Walter - 2 - March 22, 1989
It is understood that this letter of intent is contingent upon the
following conditions; and that this Agreement shall not be binding, upon
either party and only a fully executed amendment to the Lease shall legally
bind the partners:
1. The installation of additional window is satisfactory to the Fund.
2. A minimum of nine- (9) foot ceiling throughout the proposed space.
3. Renovation and thorough cleaning of HVAC system.
4. Landlord to provide Fund with a preliminary space plan showing the
utilization of the proposed space as a legal office.
Sincerely
Gloria Rodriguez
Asst. Real Property Manager
(415) 565-1213
cjp
cc - Charlie Cohn
cc - Art Hershenson