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HomeMy WebLinkAbout11/04/1997, 1 - R 93-97: ZONING MAP CHANGE FROM SERVICE COMMERCIAL, WITH A PLANNED DEVELOPMENT (C-S-PD) TO SERVICE COMMERCIAL (C-S), FOR AN 11-ACRE SITE AT THE SOUTHEAST CORNER OF CAPITOLIO WAY AND BROAD STREET. council j acEnba Repoin °®N� C ITY O F SAN LUIS OBISPO FROM: Arnold Jonas,Community Develo entDirector�� Prepared By:Judith Lautner,Associate Planner SUBJECT: R 93-97: Zoning map change from Service Commercial, with a Planned Development (C-S-PD) to Service Commercial (C-S), for an 11-acre site at the southeast comer of Capitolio Way and Broad Street. CAO RECOMMENDATION Adopt an ordinance changing the zoning from C-S-PD to C-S, as recommended by the Planning Commission. DISCUSSION Situation. A market has existed at the site for many years. A shopping center was approved by the County for this site in the early 1980s, but was not constructed. After the Broad Street Annexation (78 acres bounded by Capitolio Way, Sacramento Drive, Tank Farm Road, and Broad Street) was approved in 1992, the owners of the site decided to move the center to the comer of Tank Farm Road and Broad Street instead. That alternative project was approved (and is now Marigold Center) and the site at Capitolio Way and Broad was not developed further. However, the site was rezoned "planned development" as part of the annexation, in recognition of the shopping center plans approved by the County,and that zoning remains. One condition of approval of the Marigold Center was the execution of an agreement, to be recorded, that prohibited use of this site for grocery stores. The applicants were also required to submit an application to amend the zoning map from Service Commercial, with a Planned Development (C-S-PD) to Service Commercial, with Special Considerations (C-S-S), which would require approval of a use permit for any new development on the site. The applicants accordingly developed the agreement, which has been recorded, and submitted an application to change the zoning of the site to C-S-S. The Planning Commission'reviewed the request on September 24, 1997, and recommended a change to C-S, without the Special Considerations overlay. Data Summary Address: 3550 Broad Street Applicant: Vons Companies Property owner: Vons Companies Representative: Marigold Center,LLC Zoning: Service Commercial,with a Planned Development(C-S-PD) /-f R 93-97 3550 Broad Street Page 2 General Plan: Services and Manufacturing Environmental status: An Environmental Impact Report was certified by the Council in April 1992, for the Broad Street annexation, which included consideration of prezoning the property to C-S-PD. A change from C-S-PD to C-S-S does not change the underlying zone. Additional environmental study is not required. Project action deadline: None. State-mandated deadlines do not apply to legislative actions. Zoning changes are legislative actions. Site description The site is 11 acres bounded by Broad Street, Capitolio Way, Sacramento Drive, and a lot containing two small residences and various workshop buildings. The site is essentially level and contains a large(33,000 square feet)building that formerly housed a grocery store (Von's), and a large asphalt parking lot. The site is surrounded by industrial and service uses, and a few older residences. Project Description The project is the changing of the zoning map from C-S-PD to C-S-S. Evaluation 1. The change will eliminate confusion. The present PD zoning preserves the shopping center approval obtained through the County. However, the recorded agreement, signed by the property owner and applicable to all future owners, prohibits use of the site for a grocery store. The City's General Plan and Zoning Regulations now prohibit grocery stores in C-S zones as well. Vested rights for developments are usually not conferred until construction has begun and substantial money has been expended toward completion. Therefore, although there is an approved plan for the site, the property owner does not actually have the right to develop the site as approved. Approval of the text change to C-S-S would eliminate the shopping center approval and replace it with a requirement for use permit approval for any development or change of use. 2. The Special Considerations overlay. The condition placed upon the Marigold developers requires them to apply for a zoning change from C-S-PD to C-S-S. The Special Considerations overlay was an additional check to assure that any further development of this site would not include a grocery store or other shopping center components. As noted above, grocery stores are no longer allowed in the C-S zone. Some other types of retail uses are prohibited as well, or require approval of a use permit Driveway locations are controlled by Cal Trans, because Broad Street is a state highway. There are no other aspects of the site that are "sensitive", and would therefore justify a requirement for a use permit. Staff and the Planning Commission are therefore recommending that the site be rezoned to C- S instead of C-S-S,thereby eliminating additional unnecessary paperwork. R 93-97 3550 Broad Street Page 3 CONCURRENCES Other departments had no comments. FISCAL EMPACT The change should have no effect on the City's finances. The change should eliminate confusion when planners are responding to questions about what is allowed at the site, which incrementally would save time and research,and therefore staff cost. ALTERNATIVES The Council may deny the amendment, if it finds that it is inconsistent with adopted City plans or policies. The Council may continue action. Direction should be given to staff and the applicant. The Council may approve of a modified text change, to include the Special Considerations overlay zone. Attached: Draft ordinance Vicinity map Conditions on Marigold PD requiring Planning Commission update(in lieu of minutes) ORDINANCE NO. (1997 SERIES) AMENDMENT TO THE ZONING REGULATIONS MAP FROM SERVICE COMMERCIAL,WITH A PLANNED DEVELOPMENT TO SERVICE COMMERCIAL,FOR A SITE ON THE EASTERLY SIDE OF BROAD STREET,BETWEEN CAPITOLIO WAY AND INDUSTRIAL WAY (TA 93-97) WHEREAS, the Planning Commission conducted a public hearing on September 24, 1997, considered testimony of interested parties and the evaluation and recommendation of staff, and recommended approval of the map change to the City Council; and WHEREAS, the City Council conducted a public hearing on November 4, 1997 and has considered the Planning Commission's recommendation, the testimony of interested parties and the evaluation and recommendation of staff, and WHEREAS, the City Council finds that the proposed revision is consistent with the General Plan, the purposes of the Zoning Regulations, and other applicable City ordinances; and WHEREAS, the City Council has considered the categorical exemption from the California Environmental Quality Act (CEQA) as recommended by staff; BE IT ORDAINED by the City Council of the City of San Luis Obispo as follows: SECTION 1. The City Council finds and determines that the project is exempt from the California Environmental Quality Act because a change from C-S-PD to C-S does not change the underlying zone, and is therefore a minor alteration in land use limitations (class 5, section 15305 of CEQA Guidelines) and this determination reflects the independent judgment of the City Council. The Council hereby adopts said Categorical Exemption. SECTION 2. The Zoning Map is hereby amended for the site shown on exhibit A. from C-S-PD to C-S. SECTION 3. A synopsis of this ordinance, approved by the City Attorney, together with the names of the Council Members voting for and against, shall be published at least five days prior to its final passage, in the Telegram-Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty(30)days after its final passage. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a meeting held on the day of on motion of , the following roll call vote: seconded by and on AYES: NOES: ABSENT: Ordinance no. (1997 Series) R 93-91 3550 Broad Street Page 2 1Vlayor Allen Settle - - — ATTEST: -City C1erkBonnie APPROVED AS TO FORM: gensen Zoning Map Change - 3550 Broad Street Current Conditions y 75 'ic,.:'.;:)::�•':� :d Csi��::i':�ir;�,ir;':i•'csi'cp s`:'. 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The PIanned Development will achieve the intent of conventional standards by exceeding or substantially complying with property development standards provided in the Zoning Regulations. 2. A negative declaration is approved for the project, based on incorporation of the mitigation measures listed below into the project description. BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Planned Development preliminary map PD 191-92 is hereby approved subject to the following conditions: 1. The Community Development Director shall prepare a plan for monitoring effectiveness of all mitigation measures. The applicant understands that the monitoring program may require the Director to modify mitigation measures found to be physically infeasible or ineffective, and agrees to comply with such modifications as are determined necessary by the Director to achieve the intent of the original measures. 2 Amend the Edna/Islay Specific Plan (FISP) to designate the entire Marigold Center site for Service Commercial/Light Industrial uses. Amend the EISP to designate the area at the southeast corner of the Tank Farm/Industrial intersection for appropriate uses other than neighborhood commercial. 1 . 4. Subdivider shall enter into an agreement to provide for the rezoning of the property at 3570 Broad Street from C-S-PD to C-S-S, and for termination of the operation of the existing market at that location, concurrently with the opening of the proposed � Q 0-1240 / v Ordinance no. 1246 (1993 Series) Planned Development Rezoning PD 191-92 Page 2 market at the Marigold project site. The agreement shall be in the form of a recorded covenant, to the approval of the City Attorney .and Community Deve opment Director. 5. Limit office uses to those allowed by the Land Use Element (e.g., banks, offices larger than 2,500 sly engineers, and "Local Service Offices" in the list submitted by the applicant). 6. Uses within the category of"Retail Sales and Rentals - Specialties" shall be limited to a total of not more than 2,000 square feet per tenant, and to a cumulative total of not more than 25,000 square feet of the gross floor area of the cfnter. In addition to the limits noted above, one video rental and sales use may be located in Building D, with a gross floor area not to exceed 6,000 square feet. 7. Mitigation measures listed in the Traffic Impact Study for Marigold Center,pages 11- 13, are incorporated by reference. 8. Applicant shall dedicate sufficient right of way to provide a 54-foot traveled way within a 75-foot right of way for Industrial Way east of the Broad Street intersection, to the approval of the City Engineer. 9. Developer shall pay for "Opticom" traffic signal control device at Broad/Industrial intersection. Developer shall pay for "Opticom" traffic signal control device at Broad/project entry driveway, if that signal is eventually installed. 10. Applicant shall pay sewer hookup fees as required by City ordinances. The applicant shall pay Rockview/Tank Farm Road sewer lift station fees in the amount of$6,709 prior to issuance of a building permit or final map approval, whichever occurs first. 11. Noise Mitigation Measures i. A continuous noise barrier shall be provided along the common property line between the project site and adjoining residential property to the east. Barrier shall consist of a grout-filled block wall and/or earth berm, and shall be at least 8 feet in height as measured from the residence side. ii. Heavy truck deliveries and trash pickups shall be prohibited between the hours of 10 pm and 7 am. iii. Residences on adjoining site shall be constructed to meet the following standards: �- 9 .UPDATE SAN LUIS OBISPO PLANNING COMMISSION Council Chamber City Hall 990 Palm Street San Luis Obispo September 24, 1997 Wednesday 7:00 p.m. CALL TO ORDER/PLEDGE OF ALLEGIANCE ROLL CALL: Comrs. John Ashbaugh, David Jeffrey, John Ewan, Janet Kourakis, Paul Ready, Charles Senn, and Mary Whittlesey All Comissioners were present. ACCEPTANCE OF AGENDA: The agenda was accepted as written. PUBLIC COMMENT: There was no comment on items not on t agenda. PUBLIC HEARINGS: 1. 963 Broad Street: R and R 38-97: Request for a zoning change from medium high density residential ( -3-H) to medium high density residential with a mixed use combining district (R-3 U-H) to allow, possible mixed residential/office development and review of en ronmental determination; Kathy Freeman, Autoquest Info., applicant. The Commis ' n continued the item to the October 8, 1997 meeting, without discussion, ecause the applicant had not submitted a revised project description and plans in t' a for review. Planning Commission Meeting September 24, 1997 Page 2 2. City Wide: TA and ER 99-97: Request to amend the Zo ' Regulations to allow emergency medical services in the Neighborhood mercial (C-N) zone and review of the environmental determination; Molin mily Trust of 1995, applicant. The Commission recommended approval , Kourakis voting no) of the amendment to the City Council, with a requirement f use permit and a provision that such medical facilities be limited in area to 2,5 square feet. .The applicant had requested a 4,000- square foot limit, but most ommissioners felt this size would be too large for an emergency facility, and ght encourage use of some of the space for non-urgent care. The dissenting C missioner felt that the smaller limit was somewhat arbitrary.and there may be od reason to want 4,000 square feet for such a use. 3. 3550 Broad Street: R 93-97: Request to amend the Zoning Map to eliminate the Planned Development combining district (C-S-PD to C-S) in accordance with Marigold Center conditions; Vons, applicant. The Commission recommended approval(7-0) of a map amendment from C-S-PD to C- S to the City Council, with little discussion. COMMENT AND DISCUSSION: Ron Whisenand, Development Review Manager, previewed upcoming agenda He noted that a new application from Albertson's, for the Broad Street site ne o Fire Station no. 1, might be submitted soon. He asked if any of the Commiss' ers would have conflicts of interest in acting on such a project. Three Comm' loners (Ewan; Senn, and Ready) said that they would have a conflict, and one ittlesey) said she might. If four Commissioners are unable to act on a project, en the project will be taken directly to the City Council, bypassing the Plan ' g Commission. Commr. Whittlesey said she would find out her official status wit regard to such an application and let Whisenand know. Commissioners discussed how the EIR for proposed Cal Poly parking structure will be reviewed by the City. Commissioner anted members of the public to have some input into the City's official comme Chairperson Senn agreed to discuss with the mayor the possibility of the Co u holding a public hearing to solicit comments, before forwarding the City's comme to Cal Poly. Chairperson Senn ed about the progress of work on a workshop on commercial zoning. Whisen d noted that staff has developed a draft workshop agenda, and is in the proce f making decisions about how to proceed with consultant help. Senn wanted be sure that he was kept informed of progress. Planning Commission Meeting September 24, 1997 Page 3 ADJOURNED at 8.09 p.m. to egularly scheduled meeting of the Planning Commission scheduled for We esday, October 8, 1997 at 7.00 p.m. in the Council Chamber, City Hall, 990 Pa Street, San Luis Obispo, CA. . 2. YELLOW CAB CERTIFICATE REVOCATION (McCLUSKEY/546 - 60 .min.) Public hearing to consider the revoking the Certificate of Convenience for Yellow Cab of San Luis Obispo.. ♦ RECOMMENDATION.- This item continued to a date certain-, Tuesday, December 2, 1997.