HomeMy WebLinkAbout04/15/2003, C2 - FINAL PASSAGE OF ORDINANCE NO. 1433 (2003 SERIES), REZONING PROPERTY AT 735 TANK FARM ROAD WITH A P O O
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CITY OF SAN LUIS OBISPO
FROM: John Mandeville, Community Development Director
Prepared By: Tyler Corey, Planning Technician
SUBJECT: FINAL PASSAGE OF ORDINANCE NO. 1433 (2003 SERIES), REZONING
PROPERTY AT 735 TANK FARM ROAD WITH A PLANNED
DEVELOPMENT OVERLAY (C-S-SP-PD). CITY FILE#- PD/ER 182-02.
CAO RECOMMENDATION
Grant final passage to Ordinance.No. 1433 (2003 Series).
DISCUSSION
Situation
On April 1, 2003, the City Council voted 5 to 0 to introduce Ordinance No. 1433 to print. This
Ordinance amends the City's Zoning Map from Service-Commercial with the Specific Plan
overlay zoning (C-S-SP) to Service-Commercial with the Specific Plan and Planned
Development Overlay Zonings (C-S-SP-PD) to enable large professional offices and establish a
master list of uses at the subject property. Ordinance No. 1433 is now ready for final passage
and will become effective thirty (30) days after its final passage.
Sisnificant Impacts
The City Council approved a Negative Declaration (ER 182-02) for the proposed PD rezoning on
April 1, 2003, which concluded that the project would not have a significant adverse impact on
the environment.
Consequences of Not Taking the Recommended Action
If the Council does not give final passage to the ordinance, the site zoning would remain C-S-SP,
Service-Commercial with the Specific Plan overlay, and the applicant would not be able to lease
tenant spaces to certain types of large professional offices.
ATTACEIENT
1. Vicinity Map
2. Ordinance No. 1433
GAtcorey\CC\PD-MS-ER 182-02\PD-MS-ER 182-02 rpt 2nd.doc
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Attachment 2
Ordinance No. 1433 (2003 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO AMENDING THE ZONING MAP FROM SERVICE
COMMERCIAL WITH THE SPECIFIC PLAN OVERLAY ZONING (C-S-
SP)TO SERVICE COMMERCIAL WITH THE SPECIFIC PLAN AND
PLANNED DEVELOPMENT OVERLAY ZONINGS (C-S-SP-PD), FOR
PROPERTY LOCATED AT 735 TANK FARM ROAD (PD/ER 182-02).
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing on February 12, 2003, and recommended approval of the rezoning (PD/ER 182-
02) to change the designation on the City's zoning map from Service Commercial with the
Specific Plan overlay zoning (C-S-SP) to Service Commercial with the Specific Plan and
Planned Development overlay zonings (C-S-SP-PD), for property located at 735 Tank Farm
Road; and
WHEREAS, the City Council conducted a public hearing on April 1, 2003, and has
considered testimony of interested parties, the records of the Planning Commission hearing and
action, and the evaluation and recommendation of staff; and
WHEREAS, the City Council finds that the proposed rezoning is consistent with the
General Plan and other applicable City ordinances; and
WHEREAS, the City Council has considered the draft Negative Declaration of
environmental impact as prepared by staff and reviewed by the Planning Commission; and
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Environmental Determination. The City Council finds and determines that
the project's Negative Declaration adequately addresses the potential significant environmental
impacts of the proposed rezoning, and reflects the independent judgment of the City Council.
The Council hereby adopts said Negative Declaration.
SECTION 2. Findings. Based upon all the evidence, the Council makes the following
findings in support of Planned Development zoning for the site:
1. The project will be compatible with existing and allowed land uses in the area because PD
zoning surrounds the project site and the approved list of uses is consistent with the Airport
Land Use Plan and General Plan.
2. The project's location or access arrangements do not significantly direct traffic to use local or
collector streets in residential zones because the project is generally located on the corner of
Broad Street and Tank Farm Road in a developing commercial and industrial area with direct
access off Tank Farm Road away from residential streets.
3. The project does not preclude industrial or service commercial uses in areas especially suited
.CA^3
C Attachment 2
Ordinance No. 1433 (2003 Series)
PD/ER 182-02 (735 Tank Farm)
for such use when compared with offices.
4. The PD rezoning to allow large offices and other uses consistent with the General Plan at the
site, will not affect potential impacts related to noise, light and glare, and loss of privacy,
among others, imposed by commercial activities on nearby residential areas.
5. The project does not create a shortage of C-S and M zoned land available for service
commercial or industrial development. The project will not result in a loss of C-S or M
zoned land.
6. As conditioned, the project is consistent with the General Plan, including policies on
government office locations and the desirability for convenience services primarily serving
area workers.
7. A negative declaration was prepared by the Community Development Department on
January 23, 2003. The negative declaration concludes that the project will not have a
significant adverse impact on the environment.
SECTION 3. Action. The City Council does hereby approve application PD 182-02, as
shown in Exhibit A, subject to the following conditions.
1. Except as otherwise noted in these conditions of approval, all requirements included in
the zoning regulations for the C-S zone shall apply.
2. Allowed and conditionally allowed uses shall be as specified in the master list of uses for
the site (Exhibit B). Uses that are not listed may not be established at the site.
3. More than one office tenant may occupy office space on the site, but no single
professional office tenant may occupy less than 2,500 square feet of adjacent,
interconnected floor area, as indicated in the list of allowed uses recommended by staff.
4. The following types of office-related uses are prohibited: non-branch banking services,
real estate offices, financial institutions, medical clinics, doctor's offices, and lawyer's
offices.
5. Goverment agencies not functionally related to general government, social services, or
health care operations, as specified in the General Plan Land Use Element Section 5.1
may be allowed at the site through the approval of an Administrative Use Permit with the
combined floor area of the use not to exceed 25% of the total floor area of the building
and documentation of limited public visitation. The Hearing Officer may refer these
requests to the Planning Commission if the request raises potentially significant General
Plan consistency issues.
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Attachment 2
Ordinance No. 1433 (2003 Series)
PD/ER 182-02 (735 Tank Farm)
6. Title companies wishing to locate at the site shall maintain a customer service office,
such as an escrow office, elsewhere in the City in traditional office zoning categories
where there is no restriction on customer visitations.
7. The property owner shall be responsible for maintaining and updating the current parking
calculations for the site upon the submittal of Planning and Building permits for tenant
changes or improvements to ensure the project site does not become under parked.
8. The proposed PD allowing professional offices in the C-S zone will require additional
traffic impact fees to be paid prior to final approval of the shell building or occupancy of
the first tenant space, whichever occurs first. A credit shall be given for those impact
fees already paid with the shell-building permit (based on a C-S zone
commercial/industrial building).
SECTION 4. Adoption.
1. The zoning map is hereby amended as shown in Exhibit A.
2. The Community Development Director shall cause the change to be reflected in
documents, which are on display in City Hall and are available for public viewing and
use.
SECTION 5. A summary of this ordinance, together with the names of Council members voting
for and against, shall be published at least five (5) days prior to its final passage, in the
Telegrame-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 on the 151 day of April, 2003, AND FINNALY ADOPTED by the
Council of the City of San Luis Obispo on the day of , 2003, on the following
roll call vote:
AYES`.
NOES:
ABSENT:
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Attachment 2
Ordinance No. 1433 (2003 Series)
PD/ER 182-02 (735 Tank Farm)
Mayor David F. Romero
ATTEST:
Lee Price, City Clerk
APPROVED AS TO FORM:
Gilbert Truji o, Interim City Attorney
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REZONING MAP
1 -
Attachment 2
Exhibit B
PD 182-02: Master List of Uses
Type of Use Under Applicant's PC & Staff
current C-S Proposal Recommenda-
Zone tion
Advertising and related services A A A
Antennas—municipal,
commercial,and public utility D9 D D9
broadcasting and wireless
communications
Athletic and health clubs, A Dt D
fitness centers,game courts,
and other recreational facilities
-indoor
Audio and Video Production Not Listed A A
Studios
Banks,savings&loan
-Branch of bank, savings& DZ Dt Dt'2
loan or credit union(2,000 sf
GF each)
Barbers,hairstylists, D D] D'
manicurists,tanning centers
Broadcast studios A A D
Building and landscape A PC PC'
maintenance services
Child or elderly day care, each D Dt D1.3
facility having up to 5,000 sf
gross floor area
Computer services A A4 A4
Construction Activities A A A
(Section 17.08.010.C5)
Credit reporting and collection A A A
Delivery and courier services A D D
Detective and security services A D D
Government agency offices and -- Dis Dt.5
meeting rooms.
Insurance services(local) -- D5 D5
Insurance services(regional) -- D5 D5
Laboratories for medical or A A A
analytical research
Offices—all types of general A A A
Zoning Regulations
A =Allowed use
D =Allowable with Administrative Use Permit
PC=Allowable with Planning Commission Use Permit
=Use Not Allowed
n ^ O
n n
Type of Use Under Applicant . PC & Staff JAI achment 2
current C-S proposal Recommeida-
Page 2 Zone PD 182-02 tion
and special building
contractor's offices
Offices-architecture, A A A
engineering, industrial design
Offices(professional) (Min. SF A6 A6
counselors,accountants, requirement of
investment brokers,appraisers 2,500 s.Q 6
Organizations(professional,
religious,political,labor, D D D3
fraternal,trade,youth,etc.)
offices and meeting rooms
Photocopy services and quick A A A
printers
Photo finishing-retail A D1 Dt
Photo finishing-wholesale;
blue-printing and microfilming A A A
service
Photographic studios A A A
Post offices and public and A A A
private postal services
Printing and publishing A A A
Public assembly facilities
(community meeting rooms, PC Pc3
auditorium,convention halls)
Repair services—office and A D D
business only
Research&development—
services,software,consumer A A A
products, instruments,office
equipment,:and similar items
Restaurants, sandwich shops, D D' Dt
take-out food,etc.
Combined floor area not to
exceed 25%of total floor area
and 2,000 sf.max.floor area
per use
Retail sales—convenience D Dt Dt
stores
Combined floor area not to
exceed 25%of total floor area
and 2,000 s f max.floor area
per use
Retail sales—business and A Dt Dt
office equipment supplies
(5,000 sf GFA each)
Retail sales and repair of A D D '
bicycles(2,000 sf GFA each)
Zoning Regulations
A =Allowed use
D =Allowable with Administrative Use Permit
PC=Allowable with Planning Commission Use Permit
=Use Not Allowed
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ttachment 2
Type of Use Under Applicant-a PC & Staff
current C-S Proposal Recommenda-
Page 3 Zone PD 182-02 don
Secretarial and related services
such as transcribing,telephone D D D
answering
Ticket/travel agencies D D D
Title companies __ D5 D5,to
Utility company—Engineering D D D
and administration offices
Wholesale(excluding fuel A Dt D''s
dealer)and mail order
Notes:
1. The following uses are secondary uses within the project site;their combined floor area shall not exceed 25
percent of the total floor area. Some are also subject to limits on individual floor area.
i Ambulance service
➢ Athletic and health clubs
➢ Bicycle repair(max. 2,000 square feet of floor area)
Branch of bank,savings&loan,credit union,finance company(2,000 square feet per use)
➢ Photo finishing—retail
➢ Retail sales of food,publications,sundries(2,000 square feet of floor area per use)
➢ Sale,rental of business office supplies(5,000 square feet of floor area per use)
➢ Wholesaling, mail order(as freestanding uses)
2. In the C-S zone,only branches of banks are allowed—no headquarters.
3. Use requires specific approval by the Airport Land Use Commission(may be incompatible with ALUP Area 5).
4. Computer services limited to data processing and technical support.
5. Allowable with administrative use permit with documentation of limited public visitation and determination of
consistency with City's tri-polar policy and with public facility and office location policies(General Plan).
6. Zoning Regulations allow large offices(min. 2,500 sf floor area per tenant) with PD Overlay. Non-branch
banking services,real estate offices,financial institutions,medical clinics,doctor's offices and lawyer's offices
are prohibited.
7. Outdoor storage is not appropriate in this location.
8. Auto sales in areas other than Auto Park Way should be minimized according to the General Plan Land Use
Element.
9. Allowed subject to compliance with development standards stipulated in Section 17.16.120 of the Zoning
Regulations.
10. Title companies must maintain a customer service office elsewhere in the City in traditional office zoning where
there is no restriction on customer visitations.
Shaded cells indicate that the a Planning Commission and staff recommendation are different than
the applicant's reguestJ
Italics note use descriptions not currently included in the Zoning Regulations. Some were
suggested by the applicant, some by staff.
Zoning Regulations
A =Allowed use
D =Allowable with Administrative Use Permit
PC=Allowable with Planning Commission Use Permit
=Use Not Allowed