HomeMy WebLinkAbout02/07/1995, 1 - GP/R 149-94: GENERAL PLAN AND ZONING MAP AMENDMENTS TO CHANGE THREE LOTS ON ORCUTT ROAD, EAST OF LAUREL LANE, FROM MEDIUM-DENSITY RESIDENTIAL (R-2) TO MEDIUM-HIGH-DENSITY RESIDENTIAL (R-3). �����►�►��Illlilllll16�°�����II1 city of San Luis OBISPO �'�" �0•
COUNCIL AGENDA REPORT
FROM: Arnold Jonas ommunity Development Director
BY: Judith Lautner sociate Planner
SUBJECT: GP/R 14 -94: General Plan and Zoning map amendments to change three lots
on Orcutt Road, east of Laurel Lane, from Medium-density Residential (R-2) to
Medium-high-density Residential (R-3).
CAO RECON ANMATION
1. Adopt a resolution concurring with the negative declaration of environmental impact and
changing the General Plan map from Medium-density Residential to Medium-high-density
Residential; and
2. Introduce an ordinance concurring with the negative declaration of environmental impact
and amending the zoning map from Medium-density Residential (R-2) to Medium-high-
density Residential (R-3),
as recommended by the Planning Commission.
DISCUSSION
The Moose Lodge wants to expand at its present location at 1130 Orcutt Road. When the lodge
was built, professional (including fraternal) organization meeting halls were allowed in the R-2
zone. The zoning text was changed subsequently, and now prohibits these meeting halls in R-2
zones, making the lodge a nonconforming use. Nonconforming uses may not be expanded. The
lodge asked for a text amendment to allow fraternal organization halls in R-2 zones, so that the
use would be conforming. Following receipt of public testimony in opposition to the proposed
text change, the Planning Commission (PC) continued that request on November 9, 1994, with
direction to staff to initiate a general plan and zoning map change for the Moose Lodge site and
possibly for the two adjacent lots. The PC, at its meeting of January 11, 1995, recommended
approval of the amendments with no discussion. There was no public comment.
To approve a general plan and zoning map amendment, the Council must find that the change
is consistent with general plan policies, and that no significant harm will come to the
environment. These findings can be made in this case, and are included in the draft resolution
and ordinance of approval, as recommended by the Planning Commission.
ALTERNATIVES
The Council may continue action, if it wants to see amendments other than those proposed.
Direction should be given to staff.
The Council may deny the request, if findings are made to support a denial.
Attached:
Planning Commission report, draft resolutions, draft ordinance,4PC minutes of 1/11/95 /�/
Resolution No. 1 — approving
RESOLUTION NO. (1995 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AN AMENDMENT TO THE GENERAL PLAN MAP, FROM
MEDIUM-DENSITY RESIDENTIAL
TO MEDIUM-HIGH-DENSITY RESIDENTIAL,
FOR THREE LOTS ON THE NORTHERLY SIDE OF ORCUTT ROAD,
EAST OF LAUREL LANE
(GP 149-94)
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this council, after consideration of public testimony,
the general plan amendment request GP 149-94, the Planning Commission's recommendations,
staff recommendations and reports thereon, makes the following findings
1. The map amendment is consistent with the General Plan, and specifically with
policies for residential areas in the Land Use Element.
2. An initial study of environmental impacts was prepared by the Community
Development Department on December 8, 1994, that describes environmental
impacts associated with the map change. The Community Development Director,
on December 8, 1994, reviewed the environmental initial study and granted a
Negative Declaration of environmental impact. The initial study concludes that the
project will not have a significant adverse impact on the environment, and the City
Council hereby adopts the Negative Declaration and finds that the Negative
Declaration reflects the independent judgement of the City Council.
SECTION 2. Approval. The general plan amendment GP 149-94, as shown on
exhibit A, attached, is hereby approved.
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 , 1995.
Resolution no. (1995 Series)
GP 149-94
1110, 1112, 1114, 1116, 1130, and 1144 Orcutt Road
Page 2
Mayor
ATTEST:
City Clerk
APPROVED:
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ORCUTT �
G D R 149 - 9
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Resolution No. 2 - denying
RESOLUTION NO. (1995 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING A GENERAL PLAN AND ZONING MAP AMENDMENT
FOR PROPERTY AT 1110, 1112 , 1114 ,
1116, 1130, and 1144 ORCUTT ROAD
(GP/R 149-94)
BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. That this council, after
consideration of public testimony, the general plan and zoning map
amendment application GP/R 149-94, the Planning Commission's
recommendations, staff recommendations and reports thereon, makes
the following finding:
1. The map amendments are inconsistent with general plan
policies; specifically: (list)
SECTION 2. The request for amendments to change the
property's designation from Medium-Density Residential (R-2) to
Medium-High-Density Residential (R-3) is hereby denied.
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 , 1995.
Resolution no. (1995 Series)
GP/R 149-94
1110, 1112, 1114 , 1116, 1130, 1144 Orcutt Road
Page 2
Mayor
ATTEST:
City Clerk
A
APPROVED:
City Attorney
J"
ORDINANCE NO. (1995 SERIES)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
AMENDING THE ZONING REGULATIONS MAP TO CHANGE THE ZONING OF
THREE LOTS ON THE NORTHERLY SIDE OF ORCUTT ROAD, EAST OF
LAUREL LANE, FROM MEDIUM-DENSITY RESIDENTIAL (R-2) TO
MEDIUM-HIGH-DENSITY RESIDENTIAL (R-3)
(R 149-94)
WHEREAS, the City Council has held a hearing to consider
the rezoning request R 149-94; and
WHEREAS, the City Council makes the following findings;
Findings•
1. The map amendment is consistent with the General Plan, and
specifically with policies for residential areas in the Land
Use Element.
2 . An initial study of environmental impacts was prepared by the
Community Development Department on December 8, 1994 , that
describes environmental impacts associated with the map
change. The Community Development Director, on December 8,
1994 , reviewed the environmental initial study and granted a
Negative Declaration of environmental impact. The initial
study concludes that the project will not have a significant
adverse impact on the environment, and the City Council hereby
adopts the Negative Declaration and finds that the Negative
Declaration reflects the independent judgement of the City
Council.
BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The Zoning map amendment R 149-94, as shown
on Exhibit A, attached, is hereby approved.
SECTION 2 . This ordinance, together with the names of.
councilmembers voting for and against, shall be published once in
full, at least (3) days prior to its final passage, in the
Telegram-Tribune, a newspaper published and circulated in this
city. This ordinance shall go into effect thirty days after final
passage.
/ -7
Ordinance No. (1995 Series)
R 149-94
1110, 1112 , 1114, 1116, 1130, 1144 Orcutt Road
Page 2
INTRODUCED AND PASSED TO PRINT by the Council of the City
of San Luis Obispo at its meeting held on the day of _
1995, on motion of , seconded
by and on the following roll call vote:
AYES:
NOES:
ABSENT:
A
Mayor
ATTEST:
City Clerk
APPROVED:
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ORCUTT
GP R 149 -9
i. 9
CITY OF SAN LUIS OBISPO
PLANNING COMRIPPSION STAFF REPORT ITEM A 3
BY: Judith Lautner,l ssociate Planner MEETING DATE: January 11 , 1994
FILE NUMBER: GP/ 149-94
PROJECT ADDRESS: 1110, 1112, 1114, 1116, 1130 and 1 144 Orcutt Road
SUBJECT: General plan and zoning map amendment to change three lots from Medium-density
Residential (R-2) to Medium-high-density Residential (R-3)
RECOMMENDATION
Recommend approval of the amendments to the City Council, based on the Council's making the
following findings:
1. The map amendments are consistent with the General Plan, and specifically with policies for
residential areas in the Land Use Element.
2. An initial study of environmental impacts was prepared by the Community Development Department
on December 8, 1994, that describes environmental impacts associated with the text changes. The
Community Development Director, on December 8, 1994, reviewed the environmental initial study
and granted a Negative Declaration of environmental impact. The initial study concludes that the
project will not have a significant adverse impact on the environment, and the City Council hereby
adopts the Negative Declaration and finds that the Negative Declaration reflects the independent
judgement of the City Council.
BACKGROUND
Situation
The Moose Lodge wants to expand at its present location at 1130 Orcutt Road. When the lodge was
built, professional (including fraternal) organization meeting halls were allowed in the R-2 zone. The
zoning text was changed subsequently, and now prohibits these meeting halls in R-2 zones. The lodge
is now a nonconforming use. Nonconforming uses may not be expanded. The lodge therefore asked
for a text amendment to allow fraternal organization halls in R-2 zones, so that the use would be
conforming. The Planning Commission heard that request on November 9, 1994, and continued it with
direction to staff to initiate a general plan and zoning map change for the Moose Lodge site and possibly
for the two adjacent lots. This is the first time the Planning Commission has reviewed this application.
Data Summary
Addresses: 1110, 1112, 1114, 1116, 1130, and 1144 Orcutt Road
Applicant: City Planning Commission
Property owners: Collette Roest et a1, Ellen & Sing-Chou Wu, Loyal Order of Moose #1401
Zoning: Medium-density Residential (R-2)
General Plan: Medium-density Residential
Environmental status: Negative declaration granted by the Director December 8, 1994
Project action deadline: No State-mandated deadline for legislative actions
/ -/f7
GP/R 149-94
Map amendments for 1110, 1144, 1130 Orcutt Road
Page 2
Site description
The three lots are currently developed. The property at 1110, 1112, 1114, and 1116 Orcutt Road
contains four buildings housing 21 apartments. The site is developed at a density of 22.50 units per
acre. The site at 1144 Orcutt Road contains two buildings, housing five apartments. Density of that
site is 11.09 units per acre. The 1130 Orcutt site contains a lodge for the Fraternal Order of the
Moose. All of the lots are relatively flat.
The three lots form an island of R-2 zoning adjacent to both R-1 and R4, and across the street from
R-2 (two mobile home parks). The larger neighborhood contains all four residential zones, plus Service
Commercial (C-S).
Proiect Description
The project is amendments to the general plan and zoning maps,,changing the three lots from R-2 to
R-3.
EVALUATION
1. It is appropriate to consider all three lots. The Commission asked that staff initiate a map change
for the Moose Lodge site, and to "consider" including the two adjacent lots in that change. Staff
feels a change of the lodge site alone would amount to "spot-zoning", which is generally considered
poor planning practice. As the following paragraphs point out, a change to the other two lots as
well will make the Moose Lodge a conforming use and bring the lot at 1110 Orcutt closer to
conforming. The owners of the two lots adjacent to the lodge site have been notified of the
proposal. Staff has received no objections to the rezoning from these owners.
2. The change is consistent with the general plan. The environmental initial study explains the
policies governing the locations of R-2 and R-3 zones. Either zone would be appropriate for the
three lots.
3. The effect of the change is not likely to be significant. Because all three lots are developed, it
is unlikely that significant changes will be made to them in the near future. The lot at 1110 Orcutt
(including 1112, 1114, and 1116) is developed at a density higher than what even the R-3 zone
would allow. The lot at 1144 Orcutt is developed at the rate of 11.09 units per acre, just under the
12 units per acre allowed in the R-2 zone. This site, which is 0.42 acre in area, could accommodate
an additional 2.9 units (if property development standards can be met) if rezoned to R-3. This
number of additional units would have no discernable effect on the neighborhood.
4. Approval of this change would eliminate the need for a text change. The Planning Commission
continued consideration of the Moose Lodge's requested text change, to allow lodges and similar
uses in R-2 zones. If this map change is approved instead, the text change would not be needed.
ALTERNATIVES
The Planning Commission may deny the zoning change. If denied, the application would not be heard
by the Council unless appealed.
GP/R 149-94
Map amendments for 1110, 1144, 1130 Orcutt Road
Page 3
The Commission may continue action. Direction should be given to staff.
The Commission may recommend approval of a different zoning or of a map change for a larger or
smaller area. If the Commission is considering such an action, staff recommends that the item be
continued to allow staff to study the effects of such an action.
OTHER DEPARTMENT COMMENTS
Other departments have no concerns with this request.
Attached:
vicinity map
environmental initial study
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VICINITY MAP I GP/R 149-94 NORTH
11105 11129 11149 11169 1130 & 1144 ORCUTT
city of san Luis oBispo
INITIAL STUDY OF ENVIRONMENTAL IMPACT
SITE LOCATION 1110, 1112' 1114' 1116' 1130, and 1144 Orcutt Road APPLICATION NO. 149-94
PROJECT DESCRIPTION General plan and zoning map amendment from Medium-Density Residential (R-2)to Medium-
Higb-Density Residential (R-3)
APPLICANT CTplannino roznm;ss;on
STAFF RECOMMENDATION:
�_NEGATIVE DECLARATION MITIGATION INCLUDED
EXPANDED INITIAL STUDY RE UI D ENVIRONMENTAL IMPACT REPORT REQUIRED
PREPARED BY Jud' DATE T)erpmhttr $r 1994
i�
COMMUNITY DEVELOPMENT DIRECTORS ACTION: DATE �—
N
SUMMARY OF INITIAL STUDY FINDINGS
I.DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING
11.POTENTIAL IMPACT REVIEW POSSIBLE ADVERSE EFFECTS
A. COMMUNITY PLANS AND GOALS .................................................... NONE*
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. ANIMAL LIFE.....................................................................
NONE
NONE
M. ARCHAEOLOGICALIHISTORICAL ................................................... NONE
N. AESTHETIC .........................................................................
NONE
0. ENERGY1RESOURCE USE ..........................................................
NONE*
P. OTHER ..........................................................................
Ill.STAFF RECOMMENDATION
NEGATIVE DECLARATION
'SEE ATTACHED REPORT 5845
ER 149-94
General plan and zoning map amendment
from Medium-Density Residential
to Medium-High-Density Residential
1110, 1112, 1114, 1116, 1144, and .1130 Orcutt Road
PROJECT DESCRIPTION AND ENVIRONMENTAL SETTING
The project is the amendment of the general plan and zoning maps
for three adjacent parcels on the north side of Orcutt Road,
comprising approximately 2.45 acres total. The parcels lie between
an irregular-shaped parcel containing 24 apartments, zoned High-
Density Residential (R-4) , and Fernwood Drive. The property on the
easterly side of Fernwood is developed with single-family homes,
and is zoned Low-Density Residential (R-1) .
The amendment would change the designation of these three lots from
Medium-Density Residential (R-2) to Medium-High-Density Residential
(R-3) •
The three lots are currently developed. The property at 1110,
1112, 1114 , and 1116 Orcutt Road contains four buildings housing 21
apartments. The site is developed at a density of 22 . 50 units per
acre. The site at 1144 Orcutt Road contains two buildings, housing
five apartments. Density of that site is 11. 09 units per acre.
The 1130 Orcutt site contains a lodge for the Fraternal Order of
the Moose. All of the lots are relatively flat and have been
developed for several years.
HISTORY
The property at 1110 and 1144 Orcutt was rezoned from Manufacturing
(M) to High-Density Residential, with Special Considerations (R-H-
S) in 1970. Following this rezoning, the owner of the property at
1110 Orcutt received approval of a use permit, allowing development
of 21 apartments, which were constructed soon after. The property
at 1144 Orcutt continued to be used for commercial purposes.
In 1975, the Moose Lodge property (1130 Orcutt) was rezoned from M
to Medium-Density Residential, at the lodge's request. At that
time, lodges were a conditionally allowed use in the R-2 zone, but
were no longer allowed in the M zone. The rezoning allowed an
expansion of the lodge building.
In 1976, the adjacent property (1110 and 1144 Orcutt) was rezoned
to R-2 at the request of the Planning Commission, which initiated
the rezoning while reviewing the Moose Lodge request the previous
year. This zoning made the property consistent with the adopted
(1972) general plan land use element (LUE) map and with the staff-
recommended LUE map (which was subsequently adopted, with some
changes, in 1977) . In 1976, R-2 zoning allowed a maximum of 16
dwelling units per acre, and the average zoning in the vicinity was
/' s
ER 149-94
1110, 1112 , 1114 , 1116, 1130, 1144 Orcutt Road
Page 2
16 units per acre. The development at 1110 Orcutt then became
nonconforming, because it contained 22. 5 units per acre where 16
units per acre were allowed.
In 1978 , the property at 1144 Orcutt was redeveloped by the
addition of a four-unit apartment building and the remodelling of
the existing building into a one-bedroom apartment plus laundry and
storage.
After the adoption of the 1977 LUE, the zoning text was amended to
prohibit lodges from the R-2 zone. The Moose Lodge then became a
nonconforming use.
POTENTIAL IMPACTS
Community Plans and Goals
Land use element: Section 2.4 .7 of the Land Use Eiement (LUE)
says:
2.4.7 Medium-Sigh Density Residential development should be
primarily attached dwellings in two- or three-story buildings, with
common outdoor areas and very compact private outdoor spaces.
Other uses which are supportive of and compatible with these
dwellings, such as group housing, parks, schools, and churches, may
be permitted. Such development is appropriate near employment
centers and major public facilities.
Conclusion: Not significant. The change is consistent with
this policy.
Housing element: The Housing Element encourages designation of
some expansion areas for R-3 or R-4 development, but does not
address rezoning areas within the city core.
Conclusion: Not significant. The subject is not discussed.
Population Distribution and Growth
The change from R-2 to R-3 would allow the construction of
additional dwellings on the site at 1144 Orcutt. The property at
1110 Orcutt is already developed at a higher-density rate than is
allowed in the R-3 zone. The Moose Lodge site is fully developed
with the lodge and parking area, and could not accommodate housing
unless the lodge is disbanded.
The site at 1144 Orcutt is 18,500 square feet in area (0.42 acre) ,
and contains 4. 66 "dwelling units". A "dwelling unit" is the
equivalent of a two-bedroom apartment. In this case, there are
four two-bedroom apartments (each counted as one unit) and one one-
ER 149-94
1110, 1112 , 1114 , 1116, 1130, 1144 Orcutt Road
Page 3
bedroom apartment (counted as 0. 66 unit) . This translates to 11. 09
dwelling units per net acre.
In the R-3 zone, up to 18 dwelling units are permitted per net
acre. This site, then, could accommodate up to
0.42 X 18 = 7. 56 dwelling units.
Therefore, an additional 7 .56 - 4. 66 = 2_9 dwelling units could be
added to the site, if property development standards could be met.
In San Luis Obispo, an average of 2.39 persons live in each
occupied dwelling in the city. If 2 .9 units were added to the
site, and the new residents came from outside the city, then the
population might increase by 2. 39 X 2.9 = 6.9 = 7 persons.
Conclusion: Not significant.
Land Use
The change from R-2 to R-3 would allow higher-density development,
but the development would still be residential. Given that there
is R-3 zoning and development nearby, the lots are fully developed
at present, and one already contains high-density apartments, the .
use would not be a new one in this area.
Conclusion: Not significant.
Other impacts
The change in land use designation for these three parcels is not
expected to have a significant impact on any other aspect of the
environment.
RECOMMENDATION
Grant a negative declaration of environmental impact.
draft
Minutes
Planning Commission
January 11, 1995
Page 7
motion.
Commr. Cross said he would not be supporting the motion, saying that he eels the
project could be designed with the appropriate setbacks. He also had a pro em with the
23' high flat wall.
Commr. Karleskint said he would not be supporting the motion be use of the "freshness"
of the lot split. He felt it would have been better to request t exception at the time of
subdivision.
Commr. Whittlesey said that the negative impact i inimal but her concern is for the
community as well as the neighborhood. It i new subdivision, and the persons
involved in the subdivision are knowledgeabi enough to understand that they got the
exception on the lot size, which does not can additional exceptions will be granted.
This matter should have been part of t discussion at the time the lots were split.
VOTING: AYES: Comm enn, Hoffman
NOES: Co r. Whittlesey, Karleskint, Cross, 1Niliiams
ABSENT: N ne
The motion failed.
Commr. Wh'ri les moved to deny the appeal based on the findings that staff has
presented. Co mr. Cross seconded the motion.
VOTING: AYES: Commr. Whittlesey, Cross, Karleskint, Williams
NOES: Commr. Hoffman, Senn
ABSENT: None
e motion passed. The appeal was denied and the Hearing Officer's decision upheld.
Item 3. 1110, 1112, 1114. 1116, 1130, 1144 Orcutt Road: General Plan and
zoning map change from medium-density residential (R-2 zone) to
medium-high-density residential (R-3 zone); City of San Luis Obispo,
applicant. (GP/R 149-94)
Judith Lautner presented the staff report, recommending that the Commission
recommend approval of the General Plan and Zoning Map amendments based on finding
that the changes are consistent with the General Plan and that no harm will come to the
environment from the changes.
Commr. Karleskint opened the public hearing.
draft
Minutes
Planning Commission
January 11, 1995
Page 8
Nobody spoke. Commr. Karleskint closed the public hearing.
Commr. Cross moved to recommend to the City Council approval of the General Plan
and Zoning Map amendment changing 3 lots from medium-density residential (R-2) to
medium-high-density residential (R-3), based on the following findings:
1. The map amendments are consistent with the General Plan and specifically with
policies for residential areas in the Land Use Element.
2. An initial study of environmental impacts was prepared by the Community
Development Department on December 8, 1994, that describes environmental
impacts associated with the text changes. The Community Development Director,
on December 8, 1994, reviewed the environmental initial study and granted a
Negative Declaration of environmental impact. The initial study concludes that the
project will not have a sionificant adverse impact on-the environment, and the City
Council hereby adopts the Negative Declaration and finds that the Negative
Declaration reflects the independent judgement of the City Council.
Commr. Senn seconded the motion.
VOTING: AYES: Commr. Cross, Senn, Whittlesey, Karleskint, Hoffman, D.
Williams,
NOES: None
ABSENT: None
The motion passed.
Chairman Karleskint called for a 15 minute recess. He reconvened the meeting at 8:45
p.m.
Item 4. City-Wide: Text amendment to expand existing prope aintenance
regulations; City of San Luis Obispo, applicant. 175-93)
Chairman Karleskint clarified the reason for th plication, saying that regulation changes
were partly in response to Commissio ection to go through City documents to clarify
policy and group similar items to er. He said that some of the items in the ordinance
are already on the books, may not be easily understood and some of the items are
not currently in the C' municipal code.
Ron Whis nd began the staff presentation by saying that the ordinance is not new.
Work changes was started about two years ago and the proposal was created after