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HomeMy WebLinkAbout03/15/1994, 2 - TA 02-94-REQUEST TO AMEND THE TEXT OF THE ZONING REGULATIONS TO ALLOW ADDITIONAL USES IN THE NEIGHBORHOOD COMMERCIAL (C-N) ZONE. IHN�IRIII�III�InIIIAI�IIU tJ r MEETING DATE: , II l��u�i cio san lues oB�spo - S. 9 4I COUNCIL AGENDA REPORT ITEM NUMBER: FROM: Arnold B. Jonas, Community Development Director; �a By: Pam Ricci, Associate Planner pfr.. SUBJECT. TA 02-94 - Request to amend the text of the zoning regulations to allow additional uses in the Neighborhood Commercial (C-N) zone. CAO RECOMMENDATION: Introduce an ordinance to print approving changes to Table 9, Uses Allowed by Zones, of San Luis Obispo Municipal Code Section 17.22.010., with certain limitations, based on findings. DISCUSSION Situation Payless Drugstores Northwest, Inc. has applied to the City for specific changes to Table 9, Uses Allowed by Zones,of San Luis Obispo Municipal Code Section 17.22.010(see attached statement dated 12-23-93). The proposed changes all pertain to uses in the Neighborhood Commercial, C-N, zone and would apply citywide. Changes include: ■ Allow small-scale (up to 2,000 square feet) dry cleaning plants in the C-N zone; ■ Allow credit unions and finance companies in the C-N zone; ■ Eliminate the requirement for an administrative use permit to establish post offices and public and private postal services in the C-N zone; and ■ Allow videotape rental stores in excess of 2,000 square feet in the C-N zone. The applicant was instructed that any proposed amendments to the list of allowed uses would be evaluated primarily on whether they were consistent with the purpose of the C-N zone to provide neighborhood-serving uses. Previous Review At its February 23, 1994 meeting, the Planning Commission considered the text amendment request. Testimony in support of the request was provided by Randy Poltl, as representative for the applicant, and Rob Strong. The Commission was persuaded that all of the requested uses were appropriate in the C-N zone, except for finance companies. A motion by Commissioner Senn for approval of the applicant's requested uses, including finance companies, was later withdrawn since most of the other Commissioners' concerns focussed on that particular use. The Commission added "video stores up to 3,000 square feet in area" to the uses that staff had recommended approval of. The Commission's vote for approval of the text amendment was 6-1 (Cross). _ I ���N�� ►iuIIiII�IIPI��u��I�UIU city of San lues OBISPO i COUNCIL AGENDA REPORT TA 02-9 4 Page 2 Branches of Credit Unions The issue of allowing branches of credit unions in the C-N zone was reviewed by the City Council on March 16, 1993. The matter came to the Council on the positive recommendation of the Planning Commission and staff. However, the Council on a 3-2 vote denied the request. The majority of the Council felt that credit unions were not a neighborhood-serving use since they required membership in certain organizations before a customer could use their services. In supporting the request, the Planning Commission continued to feel that branches of credit unions have many similarities in terms of services offered, to branches of banks and could be viewed as a logical, neighborhood-serving use. As is the current restriction with banks in the C-N zone, the Commission's recommendation is that only branches, rather than headquarters, of credit unions be allowed in the C-N zone. Presumably, the restriction to "branches only" keeps the geographical area served by the credit union use smaller in scale in keeping with the goals for the C-N zone. Proposed Findings for Approval As was emphasized in the previous discussion, the most important finding that needs to be made to approve the requested amendments is that they are consistent with the goals of the C-N zone to provide convenience types of uses and services that support the surrounding neighborhoods. Staff and the Planning Commission have recommended that certain limitations and performance standards be imposed on the requested uses to insure that the neighborhood-serving goals are protected. With the proposed restrictions on the proposed uses - the limitation on size for video stores (maximum of 3,000 square feet in area), performance standards for dry cleaning plants and allowing only branches of credit unions - the Planning Commission felt that these.goals would be achieved. ALTERNATIVES 1. By motion, deny the request. 2. Continue with direction to the staff and applicant if the Council desires further information or analysis to render a decision. Attached: Attachment 1: Ordinance approving the text amendment Attachment 2: Draft 2-23-94 Planning Commission Minutes (forthcoming) Attachment 3: Letter from Maureen McLean dated 2-23-94 Attachment 4: 2-23-94 Planning Commission Staff Report ATTACHMENT 1 ORDINANCE NO. (1994 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO TO AMEND TABLE 9, USES ALLOWED BY ZONE OF MUNICIPAL CODE SECTION 17.22.010 TO ALLOW VARIOUS USES IN THE C-N ZONE BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Zoning,Regulations Amendment. That the San Luis Obispo Municipal Code Section (SLOMC) 17.22.010 of the Zoning Regulations be amended as shown in Exhibit A and included herein by reference. SECTION 2. Environmental Determination. The City Council finds and determines that the project's Negative Declaration adequately addresses the potential significant environmental impacts of the proposed text amendment to the zoning regulations, and reflects the independent judgement of the City Council. The Council hereby adopts said Negative Declaration and incorporates the following mitigation measures into the project: 1. The Planning Commission and City Council must determine that the proposed amendments are consistent with General Plan Land Use Element policy by finding that the uses provide primarily for the convenience of the surrounding neighborhoods and are not a community-wide draw. 2. The following performance standards shall be added as a footnote to Table 9 for dry cleaning plants in the C-N zone: ■ less than 2,000 square feet in area;. ■ use Air Pollution Control District-approved low-emission equipment; and ■ cleaning done on-site shall be for customers coming to this location only (not serve as a regional plant) SECTION 3. Adoption. The text amendment to Municipal Code Section 17.22.010 of the Zoning Regulations is approved, subject to the following findings: 1. The proposed text amendment is consistent with the purpose of the zoning regulations stated in San Luis Obispo Municipal Code (SLOMC) Section 17.02.020, and more specifically, consistent with the intent section of SLOMC 074 Ordinance No. (1994 Series) Page 2 Section 1738.010 governing the Neighborhood Commercial (C-N) Zone. 2. The proposed text amendment to Table 9, Uses Allowed by Zones, of SLOW Section 17.22.010. will not adversely affect the health, safety and welfare of persons living or working in the vicinity of potentially affected sites, if the area limitations and performance standards included are adhered to. 3. - The proposed uses that are included in the text amendment are convenience- oriented uses that are consistent with the General Plan Land Use Element policies for neighborhood retail developments to provide goods and services for the needs of the surrounding neighborhood. SECTION 4. Implementation. A summary of this ordinance, together with the ayes and noes, shall be published, at least five (5) 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 passage. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo, at its meeting held on the day of 1994, on motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: Mayor ATTEST: City Clerk a4 Ordinance No. (1994 Series) Page 3 APPROVED: *o ey s a-s EXHIBIT A Table%4Jses Mowed by Zone R-1 R-2 R3 R-4 C/OS O" PF C-N C-C C-R C-T GS M Advertising and related servicesA A/D:,.: A A D . _ . (graphic design,writing,mailing, addressing,etc. Agriculture-grazing and outdoor AA A crops Agriculture-greenhouse culture PC livestock feeding Airports and related facilities PC;; PC PC,` Ambulance services PC " PC A D Amusement arcades(video games, D D A A: A see Chapter 5.52,Dectronic Game Amusement Centers&17.08.120) Amusement parks,fairgrounds PC: PC Animal hospitals,boarding and " D D :<.: A A grooming (small animals) Animal hospitals,boarding, PC D D grooming,training (large animals) Antennas (commercial PC PG: D broadcasting) Athletic and health clubs, D D D PC. A A gymnasiums,fitness centers, game courts Auto dismantling,scrap dealers A recycling centers Auto repair and related servicesPC D A A (body,brake,transmissions,muffler shops: painting,etc.) Auto sound system installation D" D" A A Ban ctaeJit`u°r iiii's and Savings A A' A A H g w , and loans Bars,taverns,etc. (see Nightclubs) D D D D. D D....... Barbers hairstylists.manicurists, A A A D: D tanning centers Boarding/rooming houses, PC D D D dormitories(See also Chapter 17.20) Bowling alleys PG D D' D D Broadcast studios A A/D.;' A A A Building and landscape A/D:.: A A A maintenance services A=Allowed D=Director's approval required PC=Planning Commission approval required A/D= Director's approval on ground floor:allowed above. The Director shall determine if a proposed,unlisted use is similar to a listed use. Numbered notes are at and of chart. Table%Uses Mowed by Zone R-1 R-2 R-3 R4 C/OS O" PF C-N I C-C GA GT GS M Bus stations PC D A '. Cabinet and carpentry shops D A Caretakers'quarters A A A A :A A A' A AA A A A Carwash-mechanical PC':' D b Carwash-self-service D D PC' A A Catering services D D A D A A Cemeteries,mausoleums, ;'PC PC PGi;' PC PC PCPC PC `. PC PC PC PC= columbadums Christmas tree sales(see Section 17.O8.O1OD) Churches,synagogues,temples PC D D D A D`.: D D A D" D's D etc rws,carnival,fair,festival, D D D D D D :D D 0 parades(See Section 17.08.010E Computer services A A/D:'. A A D Concurrent sales of alcoholicD D D D beverages and motor fuel (See Section 17.08.100) Construction activities (see Section A A A - '.. A A A A; '. A A A A A A 117.08.010G) Contractor's yards A A Convalescent hospitals PC PC ' D PC PC D Convents and monasteries PC A: A D Credit reporting and collection A A/D.:. A A 6radit-uaierre errd mance A A A companies . Day care family day care homes(see A A A A A A A A A A Section 17.08.045) Day care center" D D D D A p:; A A/D.. A D D D Delivery services D A A A Detective and security services A A/D;:: A A D Drive-in theaters PC PC Dwellings(See also Sec. 17.55 A; A A A A A' A/D A/D A/D D ' Mixed Use Zone) Educational conferences(see D D D D Section 17.08.010H) Employment agencies A D:,:' A A A=Allowed D=Director's approval required PC=Planing Commission approval required A/D= Director's approval on ground floor;allowed above. The Director shall determine if a proposed,unlisted use is similar to a listed use. Numbered notes are at end of chart. a�-7 Table%Uses Allowed by Zone R-1 R-2 R-3 R-4 C/Os O" PF C-N C-C OR C-T CS M Equipment rental p p Exterminators and fumigators A A`` Feed stores and farm supply sales PC A A .. Florists A A A Fraternities and sororities ......PC PC Gas distributors-containerized p q (butane, ... ...... propane,oxygen, acetylene,etc.) Government agency corporationPC: A A yards Government agency offices and PC D D D meeting norms High occupancy residential use Q D Home business (see Section 17.08.040) Homeless shelters(see Section PC.:::... PC PC PC PC PC ;> PC PC: PC P6" 17.08.110) Hostels PC PC A A A Hospitals :' PC PC` Hot tubs-commercial use PC PC PC D :: PC PC Insurance service-localA A/D... A Insurance services-regional office A Laboratories (medical,analyticalPC A A A research) Laundry/dry'cleaner cleaning plant A A -pickup point A A ,:I A D A -self-serviceA A ::>. A 13 D Libraries PC: AD A Manufacturing-food,beverages, D A Ice;apparel;electronic,optical, Instrumentation products;jewelry musical instruments;sporting goods;art materials Manufacturing-basic metals, PC:. chemicals building materials, fabricated metals textiles,paper and cardboard; machinery, transportation equipment Mineral extraction (see Section PC PC PC':` PC PC PC PC>: PC PC PC. PC:. PC PC''. 17.08.020) Iff A=Allowed D= Director's approval required PC-Planning Commission approval required A/D= Director's approval on ground floor;allowed above. The Director shall determine If a proposed, unlisted use Is similar to a listed use. Numbered notes are at end of chart. a-8 q1 , Table V ses Mowed by Zone R-1 R-2 I R3 I R-4 I C/OS 1. 011 PF I C-N C-C I GR I GT C-S I M Post offices and public and private postal services -under 2000 square feet gross PC: OA A A A floor area per establishment -2,000 square feet or more gross PC' A ': A A floor area per establishment Priming and publishing D D A A Produce stand D A A A A Public assembly facilitiesPC.' D D D PC (community meeting rooms, auditoriums,convention/exhibition halls) Railroad yards,stations,crew D A facilities Refuse hauling,septic tank and A portable toilet services Repair services small household appliances, A A A A A >: locksmiths,seamstress,shoe repair large appliances,electrical D A A equipment,power tools,saw sharpening Residential care facilities-6 or A A A A A A A/D A/D A/D D fewer residents Residential care facilities-morePC PC D PC PC: D than 6 residents Restaurants,sandwich shops,take- A, A A A A D D out food,etc. Retail sales-outdoor sales of build D° D A A A Ing and landscape materialsX. Qumberyards,nurseries,atc.) Retail sales-indoor sales of A" A A A A building materials and gardening supplies(floor and wall coverings, paintglass stores,etc. Ratan sales-appliances,furniture A° A A A and furnishings,musical instruments data processing equipment business office and M edical equipment stores catalog stores sporting goods,outdoor supply Retail sales and repair of bicycles A A A A 1=Allowed D=Director's approval required PC=Planning Commission approval required A/D= Director's approval on ground floor,allowed above. The Director shall determine if a proposed,unlisted use is similar to a listed use. Numbered notes are at end of chart a- 9 Notes: 1. In the GN zone, only branches of banks 0r i(''cf Mss are allowed - no headquarters. 2. Except for condominiums, the development of more than one dwelling on a land parcel in the R-1 zone requires approval of an administrative use permit R-1 density standards apply. 3. In the O zone, dwellings on a site occupied by residential uses only are allowed. Dwellings on a site with nonresidential uses require approval of an administrative use permit 4. In the C-N zone, hot tubs/spas for commercial use must be enclosed. 5. In the M zone, schools are limited to those offering instruction in fields supportive of allowed uses. 6. in the O. C-C and C-R zones, animals at veterinarian's facilities must be kept within a building. 7. In the C-N zone, branch libraries only are allowed. S. In the C-N zone, the following types of uses are allowed provided that (1) the gross floor area of each establishment shall not exceed two thousand square feet and (2) the combined floor area of all such establishments within a shopping center shall not exceed twenty-five percent of the total floor area in a shopping center with a gross floor area of 15,000 square feet or greater, or shall not exceed fifty percent of the total floor area in a shopping center with a gross floor area of less than 15,000 square feet: Retail sales - outdoor sales of building and landscape materials. Retail sales - indoor sales of building materials and gardening supplies. Retail sales-appliances,furniture and furnishings, musical instruments;data processing equipment business, office and medical equipment stores; catalog stores; sporting goods, outdoor supply. Retail sales and rental-s ialtie pec s*Nexcepc,,.ywx oa area 4w �teas�:,��s I�! A :exceetlA:.:: ee i��o�ttsar�`ayi <fdet: Uv}:.AA:riUYS:vAw:S.V'2 Ticket/travel agencies. For parcels not located within shopping centers,an administrative use permit shall be required for the uses listed above,to Insure consistency with policies of the General Plan Land Use element and compatibility with surrounding uses. The use permit may provide for exceptions to the floor area limitations listed under (1) and (2) above. 9. In the C-T zone, car washes are allowed only in conjunction with and incidental to service stations, and provided that no other car wash is located within 1000 feet of the site. 10. Large professional office buildings which can include multiple tenants but with no single tenant space less than 2,500 square feet may be established in the C-S and M zones subject to the approval of a Planned Development (PD) zoning application and compliance with findings specified in Section 17.62.040 C. However, this provision notwithstanding, the following types of office-related uses are prohibited in PDs approved for C-S and M zones: Banks, real estate offices, financial institutions, medical clinics, doctor's offices, and lawyer's offices. 11. M administrative use permit is required for the construction of nonresidential structures or the conversion of residential structures to non-residential uses in the O zone. In order to approve a use permit the director must make each of the following findings: A That the location, orientation, height, and mass of new structures will not significantly affect privacy In nearby residential areas. a-�a B.That the project's location or access arrangements will not significantly direct traffic to use local streets in nearby residential areas. C.That the project includes landscaping and yards that adequately separate parking and pedestrian circulation area from sites in nearby residential areas. 12. In the C-C and C-R zones, use permit review of automobile sound system installations should include consideration of the following items: parking space displacement, noise from the operation, and appearance. Use permits may be approved only when the use is accessory to a retail sales operation. 13. Where parking as a principal use is allowed, deviations to existing setbacks and building heights are permitted upon approval of a use permit as required by Section 17.22.010. All multi-level parking facilities shall require the approval of a use permit by the Planning Commission. 14.Theaters in the C-N zone shall be limited to 4,000 square feet in size, a single screen, and restricted to shopping center sites In the zone (See Section 17.04.371). 15. Use permit review shall consider that the C-S zone is primarily intended to accommodate uses not generally suited to other commercial zones because of noise,truck traffic,visual impacts and similar factors. A use permit may be approved only when the church will not likely cause unreasonable compatibility problems with existing or likely future service commercial uses in the vicinity. Use permit conditions may include measures to mitigate Incompatibility. 16. In the PF zone, only non-profit theaters are permitted. (Ord. 1161 - 1 Ex. B, 1990; Ord. 1128 - 1 (part), 1988; Ord. 1124 - 1 Ex. A (part), 1988; Ord. 1122 - 1 Ex. A (part), 1988; Ord. 1110 - 1 Ex A, 1988; Ord. 1103 - 1 Ex A(2), 1987; Ord. 1102 - 1 Ex A(14), (15), 1987; Ord. 1088 - 1 Ex. A(3), 1987; Ord. 1087 - 1 Ex A(1), 1987; Ord. 1085 - 1 Ex A (part), 1987: Ord. 1058 - 1,1986: Ord. 1008 2.3.1984: Ord. 1006- 1(Part), 1984: Ord. 946-4,1983; Ord. 941 - 1 (part), 1982: prior code -9202.8) 17. Allowed by right where accessory to a church or school, or where an employer provides on-site child care to 12 or fewer children for the exclusive benefit of employees, providing the primary use meets City parking standards. t8i 17 ofeancng.ptants 1n tha. fit:xt�ne;sh81t be all 6d St7bleCt t0 She fWlawing performance Starld3rdS ,s; it use�APCD�ppresr�i.tcw�ernissien.:eput r�errt�`ar�d ■ , cfe�ntng done nn-elle.sflaif be fob ra�stome�Coming to th+s locatiatt only{not serve as a rbglotiaE'p�±�nc}' ...:... ..,...... ...,. .. ,.: .. ... . . ...... ATTACHMENT 3 R. POLTL AND ASSOCIATES SHOPPING CENTER DEVELOPMENT LEASING AND MANAG EM ENT February 23, 1994 Ms. Pam Ricci, A.I.C.P. Associate Planner Community Development Dept. /Q City of San Luis Obispo FC�c P.O. Box 8100 {/ San Luis Obispo, CA 93403-8100 F 6 2 :• Ws re: Zoning Text Amendment TA 2-94 'oEr Payless Drug Stores, Applicant Dear Ms. Ricci: Our office has reviewed your Staff report that was prepared for tonight's Planning Commission meeting. We appreciate the staffs recommendations in support of our application requesting that additional uses be allowed in the Neighborhood Commercial (C-N) zone. In reference to item 4, page 4, specifically, video stores in excess of 2,000 SF, we concur with staffs recommendations that a video store not to exceed 3000 SF would be reasonable in the C-N zone. We are currently working with a video store that would like to lease 2800 SF at the Payless/Scolad's shopping center (corner of Marsh and Johnson) to service the neighborhood demand near our center. We hope the text change "limiting video store size to 3.000 SF" will be acceptable to the Planning Commission and City Council. Cordial y, au9 LL4_., C Maureen McLean R. Poltl & Associates for PayLess Drug Stores Northwest, Inc. 545 MAIN STREET. SUITE A-1. MORRO BAY. CALIFORNIA 93442 • TEL 805 772.5600 FAX 805 772.5612 ATTACHMENT 4 CITY OF SAN LUIS OBISPO PLANNING COMMISSION STAFF REPORT nBu s 2 BY: Pam Ricci, Associate Planner PK MEETING DATE: February 23, 1994 FILE NUMBER: TA 02-94 PROJECT ADDRESS: Citywide SUBJECT: Review of a text amendment to the zoning regulations to allow additional uses in the Neighborhood Commercial (C-N) zone. SUMMARY RECOMMENDATION Recommend that the City Council approve some of the proposed changes to Table 9, Uses Allowed by Zones, of San Luis Obispo Municipal Code Section 17.22.010., with certain limitations, based on findings. BACKGROUND Situation Payless Drugstores Northwest, Inc. has applied to the City for specific changes to Table 9, Uses Allowed by Zones,of San Luis Obispo Municipal Code Section 17.22.010 (see attached statement dated 12-23-93). The proposed changes all pertain to uses in the Neighborhood Commercial, C-N, zone and would apply citywide. Changes include: ■ Allow small-scale (up to 2,000 square feet) dry cleaning plants in the C-N zone; ■ Allow credit unions and finance companies in the C-N zone; ■ Eliminate the requirement for an administrative use permit to establish post offices and public and private postal services in the C-N zone; and ■ Allow videotape rental stores in excess of 2,000 square feet in the C-N zone. Payless has requested the changes specifically to accommodate potential tenants of the new building that they constructed adjacent to their store at 1251 Johnson Avenue (the tenant spaces are addressed as 1231 & 1241 Johnson Avenue and 1203-1215 Marsh Street). Staff advised the applicant to apply for the text amendment to request a full-range of potential uses that they were interested in accommodating, that were not currently allowed or to relax existing use restrictions. The applicant was instructed that any proposed amendments to the list of allowed uses would be evaluated primarily on whether they were consistent with the purpose of the C-N zone to provide neighborhood-serving uses. Data SummaU Environmental Status: The Community Development Director approved the filing of a negative declaration of environmental impact with mitigation measures on February 14, 1994. a-13 Text Amendment TA 02-94 Page 2 Project action deadline: Not applicable to legislative actions. EVALUATION Chapter 1738 of the zoning regulations includes the purpose of and property development standards for the C-N zone. The C-N zone is described as providing "personal services primarily for the convenience of surrounding residential areas." Policies found in both the adopted and draft versions of the City's Land Use Element (LUE) stress the importance of C-N uses serving nearby residents instead of the community as a whole. Policy 3.4 of the Draft LUE specifies that some specialty retail stores "may be located in neighborhood shopping centers so long as they are a minor part of the centers and they primarily serve a neighborhood rather than a citywide or regional market." Policy 3.5 of the Draft LUE stipulates that "specialty stores may be located in neighborhood centers as long as they will not be a major citywide attraction or displace more generai, convenience uses." The following paragraphs evaluate the proposed changes included in the proposed text amendment in terms of the purpose of the zoning regulations.(SLO Municipal Code Section 17.02.020) and consistency with LUE policy: 1. Small-Scale Dry Cleaning Plants Laundry and dry cleaning pick-up points and self-service operations are currently allowed uses in the C-N zone. The applicant has requested that small-scale plants (less than 2,000 square feet) also be allowed in the C-N zone. Traditionally communities have allowed dry cleaning plants primarily in industrial areas. In recent years, dry cleaning technology has improved to reduce the amount of toxic air contaminants (perchlorethylene compounds) emitted. Most new equipment (ventless dry/dry equipment) is totally-enclosed and results in very low quantities of emissions. Therefore, the rationale (land use compatibility and environmental issues)for restricting dry cleaning plants from other commercial zones is no longer relevant. Dry cleaners are the type of convenience use that are typically associated with neighborhood centers. Staff feels comfortable with supporting the applicant's request to allow dry cleaning plants of less than 2,000 square feet in the C-N zone, subject to the performance standards included in the attached initial study. Staff is suggesting that these standards would be included as a footnote to Table 9 of the zoning regulations, Allowed Uses by Zone; they are: ■ less than 2,000 square feet in area; ■ use APCD-approved low-emission equipment; and ■ cleaning done on-site shall be for customers coming to this location only (not serve as a regional plant) J-4 Test Amendment TA 02-94 Page 3 The Commission may want to recommend that small-scale dry cleaning plants also be allowed in the Retail Commercial (C-R) Zone with the same performance standards as suggested for the C-N zone. 2. Credit Unions and Finance Companies Currently, credit unions and finance companies are allowed in the Office (0), Central Commercial (C-C) and Retail Commercial (C-R) zones. The applicant is requesting that these uses also be allowed in the C-N zone. Their statement indicates that credit unions and finance companies 7zave developed specialty lending concepts that service neighborhood population groups." Last February, the Planning Commission considered a request to allow branch offices of credit unions in the C-N zone. Staff supported the request pointing out the similarities, in terms of services offered, between branch offices of credit unions and banks and saving and loans, which are allowed uses in the C-N zone. The report indicated that a branch office, as opposed to the headquarters, of a credit union would serve a smaller geographic area in keeping with the neighborhood-serving goals of the C-N zone. The Planning Commission supported the amendment, but the City Council denied it. Council denial was based primarily on the fact that credit unions require membership in certain organizations, and therefore, exclude a majority of neighborhood residents. Staff continues to feel that branch offices of credit unions can be viewed as a logical, neighborhood-serving use. However, staff does not support adding finance companies as an allowed use in the C-N zone. Finance companies are currently allowed in the same three zones that other professional offices are allowed (O, C-C and C-R). Staff disagrees that a finance company is a convenience type of service that customers utilize on a frequent basis, like most of the uses that are allowed in the C-N zone. It is staffs opinion that a finance company should be treated like other professional offices in terms of land use restrictions. The Planning Commission and City Council in the past have specifically excluded professional offices as allowed uses in the C-N zone. 3. Private Post Office and Postal Services In light of the City's on-going commitment for simplification and streamlining of its zoning regulations, staff supports the applicant's request to remove the requirement for an administrative use permit to allow private post office and postal services in the C-N zone. This type of business can clearly be found to be service-oriented and neighborhood-serving, and is appropriate as an allowed use in the C-N zone. ��S Text Amendment TA 02-94 Page 4 4. Video Stores (over 2.000 square feet in size) The applicant has requested that video stores larger than 2,000 square feet in size be allowed in the C-N zone. The 2,000 square-foot ceiling was imposed on certain uses in the C-N zone, including video stores, to keep them in a neighborhood-serving, rather than a regional-serving, scale. The applicant's contention is that state-of-the-art video stores, even those serving a neighborhood, need to be larger than 2,000 square feet to accommodate the ever-increasing inventory of films available on video cassette and other related mediums such as laser discs and video games. From the Land Use Inventory, staff looked at the floor areas of the existing video stores in the city. These stores ranged in size from 600 square feet (Video +, 592 California) to 5,600 square feet (Blockbuster Video at Madonna Plaza). A majority of the stores were in the range between 1000-2000 square feet. Staff feels that the 2,000 square-foot size limitation for video stores in the C-N zone is probably reasonable. If the Commission is interested in allowing for larger video stores in the C-N zone, staff would recommend that they not be larger than 3,000 square feet in floor area. ALTERNATIVES 1. The Commission may recommend that the Council approve the text amendment as submitted or with changes. 2. The Commission may recommend that the Council deny the text amendment, or parts of it, based on inconsistency with the intent of the zoning regulations and the General Plan. 3. The Commission may continue action with direction to staff on further information that would assist the Commission in rendering a decision. RECOMMENDATION Recommend that the City Council approve the following changes to Table 9, Uses Allowed by Zone, of the zoning regulations, based on findings: 1. Allow dry cleaning plants in the C-N and C-R zones with a footnote including the following performance standards: ■ less than 2,000 square feet in area; ■ use APCD-approved low-emission equipment; and Text Amendment TA 02-94 Page 5 ■ cleaning done on-site shall be for customers coming to this location only (not serve as a regional plant) 2. Allow branch offices of credit unions in the C-N zone. 3. Allow private post office and postal services in the C-N zone without any use permit requirement. Findings 1. The proposed text amendment is consistent with the purpose of the zoning regulations stated in San Luis Obispo Municipal Code (SLOMC) Section 17.02.020, and more specifically, consistent with the intent section of SLOMC Section 17.38.010 governing the Neighborhood Commercial (C-N) Zone. 2. The proposed text amendment to Table 9, Uses Allowed by Zones, of SLOMC Section 17.22.010. will not adversely affect the health, safety and welfare of persons living or working in the vicinity of potentially affected sites, if the area limitations and performance standards included are adhered to. 3. A Mitigated Negative Declaration was prepared by the Community Development Department on February 14, 1994, which describes significant environmental impacts associated with project development. The Negative Declaration concludes that the project will not have a significant adverse impact on the environment subject to the recommended mitigation measures being incorporated into the project, and the Planning Commission hereby adopts said Negative Declaration and finds that it reflects the independent judgement of the Planning Commission. Attached: Initial Study ER 02-94 Applicant's Statement dated 12-23-93 a-17 December 23, 1993 The following is being submitted as an attachment to the planning application submitted by Payless Drugstores Northwest, Inc., pursuant to the application checklist. The current zoning regulations clearly state that the C-N zone is intended to provide retail sales and personal services primarily for the convenience of surrounding residential.areas. Our application respectfully requests changes to the current zoning ordinance that would allow the following uses to locate on C-n zoned property. These uses are, in our opinion, consistent with the intent of the C-N zoning. #1. Dry Cleaning Plant Currently the C-N zoning allows only drop off/pick up points ("dry cleaning agencies") but does not allow "dry cleaning plants." In the past, with older dry cleaning technology, regulations and equipment, this zoning limitation may have been appropriate, however, in today's world, customers demand fast turn around service (1-hour to 1-day) and because today's dry cleaning technology and machinery are so advanced, self-contained (environmentally safe), and greatly reduced in size, new business operations choose to clean the clothes "on premises" to effectively compete for business. On the other hand, we :,- agree with the City's interest and policy of keeping "large commercial contract dry cleaning plants" separated from residential neighborhoods, therefore we suggest limiting the size of the neighborhood dry cleaners that clean"on premises"to 2,000 SF. #2. Credit Union and Finance Companies (Branch offices) A relatively new concept in financial institutions has developed over the last couple of years, mainly due to the collapse, deregulation, and restructuring of banks, savings & loans, and other retail financial institutions. In the past, financial institutions occupied large buildings, centrally located in towns, and provided services for a large population of people. Today, many "financial retailers" have developed specialty lending concepts that service neighborhood population groups. They look for smaller locations, strategically located, to service the surrounding neighborhood. Credit unions, finance companies, and loan offices now offer many of the services that in the past only banks and savings & loans offered. Although banks and savings & loan branch offices are currently allowed in the C-N zone, credit unions, finance companies, and other smaller financial retailers are not. The industry has recognized that people do not want to travel across town to service their financial needs. To meet these needs locally,we ask that financial retailers, including credit unions, finance companies, and loan offices, are allowed in the C-N zone. #3- Private Post Offices and Postal Services Director's approval is currently required for this use. We understand the City's desire to keep federal post offices in certain areas, however the private postal companies offer more than just mail services. They typically offer complete business services such as packaging, money orders, faxing, shipping, gift wrapping, engraving, signs and banners, in addition to post office boxes and mail services. This concept - is specifically designed to satisfy neighborhood demand and it minimizes or eliminates the need for nearby residents to drive from place to place to fulfill these needs. #4. Video Stores in Excess of 2000 SF When video stores first entered the marketplace and the neighborhood shopping center, the size of the store was typically under 1,000 SF. Today's market demand for videos and related items, such as records, tapes, and equipment rental, has created a much larger store to serve the same neighborhood. The prototype video stores now in the marketplace to satisfy neighborhood demand are as large as 5,000 to 10,000 square feet. A large store is necessary to compete in the marketplace and it makes sense to keep this use in the C-N zone to eliminate the need for cross-town travel. Therefore, we ask that modern video stores in excess of 2,000 SF are allowed in the C-N zone. We contend that the above referenced uses are compatible in the C-N zone and we request that they are added to the list of approved uses in the C-N zone. 0 a-/(? city of San US OBISp0 - �i�►���Ilill!Il51,,jl '�II INITIAL STUDY OF ENVIRONMENTAL IMPACT SITE LOCATION Citywide APPLICATIOR;094 PROJECT DESCRIPTIOpend Table 9 of the zoning regulations to add dry cleaning plants, credit unions, private post offices and video tape stores over 2, 000 square feet as allowed uses in the C-N zone. APPLICANT Payless Drustores Northwest STAFF}�RECOMMENDATION: -NEGATIVE DECLARATION X MITIGATION INCLUDED EXPANDED INITIAL STUDY REQUIRED ENVIRONMENTAL IMPACT REPORT REQUIRED PREPAREDB1ram Ricci, Associate Planner DATE 2-14-94 COMMUNITY EVE PMENT CTOR'SACTION: DATE Zl/��py _T�.. SUMMARY -'OF' INITIAL 'STUDY -FINDINGS I.DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING II.POTENTIAL IMPACT REVIEW POSSIBLE ADVERSE EFFECTS A. COMMUNITY PLANS AND GOALS ................................. .................. MAYBE* B. POPULATION DISTRIBUTION AND GROWTH.......................................... NONE . MAYBE* C. LAND USE ....................................................................... D. TRANSPORTATION AND CIRCULATION .............................................. NONE E. PUBLIC SERVICES ................................................................ NONE F. UTILITIES..............................:........................................... NONE G. NOISE LEVELS :................................................................ NONE H. GEOLOGIC&SEISMIC HAZARDS&TOPOGRAPHIC MODIFICATIONS ...................:.. NONE I. AIRQUALITYANDyVIND-CONDITIONS..._,. ..... ................ MAYBE* J. SURFACE WATER FLOW AND QUALl7Y ..:.:....'. NONE . ............................ K. PLANT LIFE...................................................................... -NONE NONE LANIMAL LIFE...................................................................... . NONE M. ARCHAEOLOGICAL!HISTORICAL................................................ N. AESTHETIC ...................................................................... NONE O. ENERGWRESOURCE USE . .. .... ................................................... NONE P. OTHER .......................................................................... NONE 111.STAFF RECOMMENDATION NEGATIVE DECLARATION WITH MITIGATION n 'SEE ATTACHED REPORT `� INITIAL STUDY ER 02-94 I. DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING Payless Drugstores Northwest, Inc. has applied to the City for specific changes to Table 9, Uses Allowed by Zones, of San Luis Obispo Municipal Code Section 17.22.010. The proposed changes all pertain to uses in the Neighborhood Commercial, C-N, zone and would apply citywide. Changes include: ■ Allow small-scale (up to 2,000 square feet) dry cleaning plants in the C-N zone; ■ Allow credit unions and finance companies in the C-N zone; ■ Eliminate the requirement for an administrative use permit to establish post. offices and public and private postal services in the C-N zone; and ■ Allow videotape rental stores in excess of 2,000 square feet in the C-N zone. The environmental setting is all land within the city limits with C-N zoning. II. POTENTIAL IMPACT REVIEW A. Community Plans and Goals: and C. Land Use Chapter 17.38 of the zoning regulations includes the purpose of and property development standards for the C-N zone. The C-N zone is described as providing 'personal services primarily for the convenience of surrounding residential areas." Policies found in both the adopted and draft versions of the City's Land Use Element (LUE) stress the importance of C-N uses serving nearby residents instead of the community as a whole. Policy 3.4 of the Draft LUE specifies that some specialty retail stores "may be located in neighborhood shopping centers so long as they are a minor pan of the centers and they primarily serve a neighborhood rather than a citywide or regional market." Policy 3.5 of the Draft LUE stipulates that "specialty stores may be located in neighborhood centers as long as they will not be a major citywide attraction or displace more general, convenience uses." All of the uses proposed to be added to the C-N zone can be viewed as types of uses that would cater to the surrounding neighborhood. Placing restrictions on the proposed uses such as maximum area limitations will assure that they do not become community-wide attractions. Conclusion: May be significant. �-ao ER 2-94 Page 2 Mitigation Measure: The Planning Commission and City Council must determine that the proposed amendments are consistent with LUE policy by finding that the uses provide primarily for the convenience of the surrounding neighborhoods and are nota community-wide draw. I. Air Quality and Wind Conditions Traditionally communities have allowed dry cleaning plants primarily in industrial areas. In recent years, dry cleaning technology has improved to reduce the amount of toxic air contaminants (perchlorethylene compounds) emitted. Most new equipment (ventless dry/dry equipment) is totally-enclosed and results in very low quantities of emissions. Conclusion: May be significant. Through the existing review processes of the City and the County Air Pollution Control District (APCD), compliance for use of low-emitting dry/dry equipment can be checked. The APCD will be requiring that all new sources use this type of equipment. However, staff recommends that a footnote be added to Table 9 that specifies performance standards. Mitigation Measure: The following performance standards shall be added as a footnote to Table 9 for dry cleaning plants in the C-N zone: ■ less than 2,000 square feet in area; ■ use APCD-approved low-emission equipment; and ■ cleaning done on-site shall be for customers coming tar this location only (not serve as a regional plant) III. STAFF RECOMMENDATION Staff recommends that a negative declaration be prepared for this project with the noted mitigation measures. If the Community Development Director determines that the mitigation measures outlined in this initial study is ineffective or physically infeasible, he may add, delete or modify the mitigation to meet the intent of the original measure. a-a i ER 2-94 Page 3 ENVIRONMENTAL REVIEW ER 105-93 SUMMARY OF MITIGATION MEASURES In conformance with AB 3180, the following mitigation measures will be monitored through staff review of business tax certificate applications and tenant improvement plans: 1. The Planning Commission and City Council must determine that the proposed amendments are consistent with LUE policy by finding that the uses provide primarily for the convenience of the surrounding neighborhoods and are not a community-wide draw. An 2. The following performance standards shall be added as a footnote to Table 9 for dry cleaning plants in the C-N zone: ■ less than 2,000 square feet in area; ■ use APCD-approved low-emission equipment; and ■ cleaning done on-site shall be for customers coming to this location only (not serve as a regional plant) 3. If the Community Development Director determines that the above mitigation measures are ineffective or physically infeasible, he may add, delete or modify the mitigation to meet the intent of the original measures. �-aa. draft P.C. Minutes ML__,i GAS AGENDA February 23, 1994 DATE ITEM _, Page 1 clarified to state "some" service and commercial use. Commr. Hoffman felt that the wording at the beginning of the definition section allowed leeway. The other Commissioners agreed with Commr. Hoffman. Commr. Hoffman moved to recommend to the City Council approval of the Planning . Commission draft Land Use Element and draft Circulation Element and approval of the EIR for the joint Elements. Commr. Karleskint seconded the motion. VOTING: AYES - Commrs. Hoffman, Karleskint, Whittlesey, Williams, Cross, Sigurdson and Senn NOES - None ABSENT - None The motion passed. ------------------------------------------------------------------ Item 2. Zoning Text Amendment TA 2-94. A request to amend Table 9 of the Zoning Regulations to add dry cleaning plants, credit unions, private post offices and video tape stores over 2, 000 square feet as allowed uses in the C-N zone; Payless Drug Stores, applicant. . ---------------------- ---------------------- Pam Ricci presented the staff report and explained staff's main concern was whether or not the proposed uses were true neighborhood uses and not a community wide draw. She said on the advice of Assistant City Attorney Cindy Clemens she was proposing the elimination of the reference to C-R zones in .staff I's recommendation to allow dry cleaning plants because of legal noticing requirements. She explained that staff was opposed to allowing finance companies because they were similar to professional offices. She said staff was not recommending video stores larger than 2,000 square feet as requested by the applicant, but if the Commission determined larger video stores would be appropriate, she suggested a maximum of 3, 000 square feet be allowed. She said the. applicant had stated agreement with the 3,000 square foot limitation in a letter distributed to Commissioners at the meeting. Chairman Karleskint opened the public hearing. Randy Poltl, 545 Main Street, Morro Bay, applicant's representative, explained he had not considered placing a maximum square footage on the original request for video stores. He said neighborhood video stores liked to carry a variety of movies and usually preferred 2, 500 to 3 ,000 square feet. He asked the Commission to support video stores with a 3,000 square-foot limitation. draft P.C. Minutes February 23, 1994 Page 2 Robert Strong, 1 Buena Vista, said he did not understand why finance companies should be excluded when banks and credit unions were allowed. He felt it was logical to make uses more convenient. He said the Commission could limit the size of finance company branch offices. He requested the Commission to approve video stores larger than 2,000 square feet. He said if the Commission was concerned about neighborhood uses, a 15,000 square-foot drug store would not be on the site. He said he supported the applicant's request because he did not believe it was inconsistent with the C-N zone. Chairman Karleskint closed the public hearing. In answer to a question by Commr. Hoffman, Pam Ricci said Golden One in University Square was in a C-R zone. Commr. Cross said a new zoning classification was needed because the C-N zone was no longer viable. Commr. Williams said she could support video stores up to 3, 000 square feet to allow sufficient inventory. She said she was unsure about the draw of finance companies. Commr. Senn said he agreed with Commr. Cross about C-N zones being antiquated. Commr. Karleskint said the C-N zone did need evaluation, but that the Commission shouldn't make projects wait until that problem was solved. Ron Whisenand said until the Commission re-examined the C-N zone, it was a viable zone. Conn . Hoffman said he had a problem with distinguishing between ' credit unions and finance companies. Pam Ricci said the main distinction between the uses was that branch banks and credit unions were used frequently and finance companies were not. Commr. Senn said he represented Golden 1 and had stepped down on the item. He said the only distinction mentioned by the Commission was that patrons of credit union had to be members. Commr. Senn moved to approve the application and limit video stores to a 3, 000 square-foot maximum and approve the other text amendments as requested by the applicant and to remove the words "and C-R" in staff's recommendation for dry cleaning plants on page 4 of the staff report. Commr. Williams seconded the motion. . draft P.C. Minutes February 23, 1994 Page 3 Commr. Whittlesey asked if finance companies were being approved. Commr. Senn said yes. He said the words "and finance companies" should be added to number 2 on page 5 of the staff report. Commr. Cross said he could not support the motion because he believed credit unions and finance companies were not neighborhood serving. He said he was concerned about allowing video stores to be larger than 2,000 square feet because they would have a community-wide draw. Commr. Sigurdson said finance companies had a regional draw because potential customers shopped around for rates. Commr. Senn withdrew his motion. He suggested the uses be decided separately be consensus. Commr. Whittlesey moved to approve staff's recommendation with the modification to item 1 deleting "and C-R" and to add an item 4 to allow video stores up to a maximum of 3,000 square feet. Commr. Hoffman seconded the motion. VOTING: AYES - Commrs. Whittlesey, Hoffman, Williams, Sigurdson, Senn and Karleskint NOES - Commr. Cross ABSENT - None The motion passed.