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HomeMy WebLinkAbout07/05/2005, PH 1 - AMENDMENT FOR THE WALTER BROTHERS CENTER PLANNED DEVELOPMENT (PD) LOCATED AT 3190/3196/3220/3232 SO councit MfimD 05 ACenaa RCPORt CITY O F SAN LUIS OBISPO FROM: John Mandeville, Community Development Directo� Prepared By: Buzz Kalkowski, Associate Planner SUBJECT: AMENDMENT FOR THE WALTER BROTHERS CENTER PLANNED DEVELOPMENT (PD) LOCATED AT 3190/3196/3220/3232 SOUTH HIGUERA (PD-MOD 43-05) CAO RECOMMENDATION As recommended by Planning Commission at a public hearing on May 25, 2005, approve modification to Ordinance No. 1457, Exhibit A, to permit banks/savings & loans and broadcast studios as allowed uses, and to allow laboratories (medical, analytical) with a Planning Commission Use Permit, within an O-PD zone. DISCUSSION Background The Walter Brothers Center is zoned Office with a Planned Development overlay that establishes this center as a prime location for office uses. Although the primary tenants are intended to be government in nature, the Council has authorized a mixture of government and non- governmental offices in the center to help insure full occupancy. Exhibit A of the latest PD ordinance (Attachment 2) provides a list of uses that are currently either: allowed; allowed with either an Administrative or Planning Commission Use Permit; or prohibited. The current Walter Brothers Planned Development overlay prohibits banks and savings and loans, broadcast studios, and laboratories (medical, analytical). These uses are either allowed by right or with a Planning Commission Use Permit in the underlying Office zone. The applicant is requesting a modification to enable these uses in his center. Data.Summga Addresses: 3190/3196/3220/3232 South Higuera Applicant: Walter Brothers Construction Company Zoning: OP-PD, Office with the Planned Development Overlay General Plan; Office Environmental status: Categorical Exemptions CEQA Guidelines § 15301, Existing Facilities; § 15305, Minor Alterations in Land Use Limitations Site Description The Walter Brothers Center consists of four parcels totaling ±12.2 acres at the northwest corner of South Higuera and Prado Road. South Higuera runs along the east side of the property and Prado Road along the south side. San Luis Obispo Creek runs through the western portion of the ( — I Walter Brothers Center Planned Development Overlay Modification PD-43-05 Page 2 of 3 lots. Neighboring parcels fronting South f1iguera Street are mostly zoned Commercial —Service. Project Description The applicant would like to modify prevailing Ordinance No. 1457 (2004 Series) to modify Condition 4 removing "banks" as .a prohibited use, and changing Exhibit A to allow banks, savings and loans, broadcast studios, and, with use permit, laboratories (Attachment 2). A copy of the May 25, 2005 Planning Commission agenda report is attached as further background information addressing the specifics of the requested modifications, project history, consistency with General Plan policies and Zoning Regulations, and citywide office supply issues (Attachment 3). Planning Commission's Action On May 25, 2005, the Planning Commission unanimously recommended approval of the proposed modifications to the site's PD zoning, to allow banks, savings and loans; broadcast studios, and, with an approved Planning Commission Use Permit, laboratories (medical, analytical). There was no public testimony at the hearing (Attachment 3). Conclusion Staff's conclusion is that the requested PD modification will not have any significant impact on the downtown. Banks, savings & loans and broadcast studios are allowed uses in Office zones throughout the City, and the same is true for laboratories (medical, analytical) with an approved Planning Commission Use Permit. In addition, a minimum 30% of the Walter Brothers Center gross lease space remains in absolute reserve for the government and related social service agencies; the City has a relatively low vacancy rate of downtown office space; banks endeavor to locate operations near their clients throughout the City, which includes the Margarita and South Higuera residential and business uses; and broadcast studios and labs have low client/visitor counts and are often better served to locate in outlying areas. FISCAL IMPACT When the General Plan was prepared, it was accompanied by a fiscal analysis, which found that overall the General Plan was fiscally balanced. Accordingly, since the proposed project is consistent with the General Plan, it has a neutral fiscal impact. ALTERNATIVES 1. Deny the request to allow banks/savings and loans, broadcast studios, and laboratories, citing potential impacts to the downtown inconsistent with General Plan policies. 2. Continue the request for the amendment with specific direction to the applicant and staff. ► -a Walter Brothers Center Planned Development Overlay Modification PD-43-05 Page 3 of 3 ATTACHMENTS 1. Vicinity map 2. Copy of Ordinance No. 1457 (2004 Series), including Exhibit A, Uses Allowed/Prohibited 3. May 25, 2005 Planning Commission Minutes and.Agenda Report 4. May 25, 2005 Planning Commission Resolution No. 5423-05 5. Draft Ordinance Amending the PD (Planning Commission's Recommendation) 6. Draft Resolution for Denial G:lbkalkowsklPD1PD43-05(3250SHiguera)WalterBros\43-05 CC Stl RR.doc i - 3 �■ �■�!!!lgirll�l�■■ �■■■■■ �■■■■■• ■ NAMES . 11/►� 111 •� RW VICINITY MAP File No. 43-05 n Attachment 2 ORDINANCE NO. 1457 (2004 Series) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A PLANNED DEVELOPMENT OVERLAY MODIFICATION FOR THE WALTER BROTHERS CENTER LOCATED AT 3250 SOUTH HIGUERA STREET (PD 95-04) WHEREAS, the Planning Commission conducted a public hearing on August 11, 2004, and recommended approval of the project; and WHEREAS, the City Council conducted a public hearing on September 21, 2004 and has considered testimony of interested parties, the records of the Planning Commission hearing and action, and the evaluation and recommendation of staff. NOW, THEREFORE,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 categorically exempt under Section 15301, Existing Facilities, of the CEQA Guidelines because it does not involve physical changes to the environment. SECTION 2. Findings. That this Council, after consideration of Walter Brothers Center Planned Development Overlay Modification and the Planning Commission's recommendations, staff recommendations, public testimony, and reports thereof, makes the following findings: 1. The request for deleting Condition No. 4 is consistent with General Plan policy regarding the restrictions on office uses because the Land Use Map designation for the property is Office. 2. The approval of the request will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity of the subject property, or be injurious to the general welfare of the City because there is no demonstrated evidence to support that the change in the minimum floor area for non-governmental tenants at this location will be detrimental to the City's desire to maintain a viable downtown and concentrated government centers. 3. The proposed modifications to the Planned Development overlay conditions do not result in physical modifications to the site, and are therefore exempt from environmental review in accordance with the California Environmental Quality Act (CEQA). SECTION 3. Approval & Revised Conditions. The requests for approval modifying Ordinance No. 1376 (2000 Series), eliminating Condition No. 4 to allow non-governmental office spaces containing less than 2,500 square feet; and modifying Conditions No. 5 and No.7 to remove "doctors offices and medical clinics" from the list of prohibited PD uses, are hereby approved, and are reflected in the following revised conditions: 1. Except as otherwise noted in these conditions of approval, all zoning regulations for the Ordinance No. 1457 (2004 Series) Attachment 2 Page 2 of 3 Office zone shall apply. 2. Preference shall be given to governmental social service office uses; owners shall seek tenants for available lease spaces among local, state, and federal social service agencies prior to seeking tenants among alternative office uses. 3. Tenants other than governmental social service agencies, quasi-governmental social services businesses, private non-profit social services providers, and private offices whose business relates directly and primarily to social services, shall not occupy more than 70% of the gross lease spaces on the subject parcels. 4. The following office-related uses shall be prohibited: banks and real estate offices. 5. Applicant shall dedicate a creek maintenance and pedestrian access easement over that portion of the site within the San Luis Creek Channel, and including a 20-foot buffer strip at the top of bank on both sides of the creek. (Extension of requirement from previous Use Permit U 1401.) 6. Uses allowed and prohibited within this O-PD zone shall be as provided in Exhibit A attached. 7. All future development shall comply with the Creek Setback Regulations to ensure the maintenance of a healthy creek environment. SECTION 4. A summary of this ordinance, together with the names of the Council members voting for and against, shall be published at least five (5) days prior to its final passage, in the The 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 21" day of September 21, 2004, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 5`l' day of October, 2004, on the following roll call vote: AYES: NOES: ABSENT: Ordinance No. 1457 (200-,__,:ries) Attachment 2 Page 3 Mayor David F. Romero ATTEST: Audrey oper. City Cl APPROVED AS TO FORM: Jon than .Lowell City orney � — r) EXHIBIT A—PD 95-04 Attachment 2 ALLOWED/PROHIBITED USES —WALTER CENTER Uses allowed and prohibited within this O-PD zone shall be as provided in the following list. Symbols following each listed use shall have the following meaning: A Type of use allowed without use permit approval. D Type of use allowed if an administrative use permit is approved. PC Type of use allowed if a use permit is approved by the Planning Commission. NO Type of use which is not allowed. * Type of use which is not subject to floor area requirements in Section 4 above. ** Type of use for which only incidental and non-customer serving functions shall be allowed. Advertising and related services A Ambulance services NO Banks and savings and loans NO Broadcast studios NO Caretaker's quarters NO Cemeteries, mausoleums, columbariums NO Christmas trees sales (see Section 17.08.O10D) NO Churches, synagogues, temples, etc. NO Circus, carnival, fair, festival, parades NO (see Section 17.08.010E) Computer Services A Convalescent hospitals NO Credit reporting and collection A Credit unions and finance companies A** Delivery and private postal services D Detective and security services A Dwellings NO G Attachment 2 Exhibit A of Ordinance No. (2005 Series) Application No. PD 43-05 Page 2 of 3 Employment agencies A* Government agency offices and meeting rooms A* Homeless shelters (see Section 17.08.110) PC Hospitals NO Insurance service—local A Insurance services—regional office A Laboratories (medical, analytical) NO Mortuaries NO Offices (contractors)—all types of general and special A building contractor's offices Offices (engineering) —engineers and industrial design A Offices (professional)—Professional offices consistent A with the Land Use Element are allowed. Realtors are prohibited. Organizations (professional, religious, political, labor, A fraternal, trade, youth, etc.), offices and meeting rooms Photocopy services; quick printers A Residential care facilities—6 or fewer residents NO Residential care facilities—more than 6 residents NO Schools -Nursery schools, child day care A - Business trade, recreational, or other D specialized schools Secretarial and related services (court reporting, A stenography, typing, telephone answering, etc.) f - q 1 Exhibit A of Ordinance No. (2005 Series) Attachment 2 Application No. PD 43-05 Page 3 of 3 Social services and charitable agencies A* Telegram office A Ticket/travel agencies A Utility companies -Corporation yards NO - Customer account services A (bill paying and inquiries) -Distribution and transmission facilities NO (see Section 17.08.050) -Engineering and administrative offices A - Payment drop points A Veterinarians NO MACHU3 DRAFT SAN LUIS OBISPO PLANNING COMMISSION MINUTES May 25, 2005 CALL TO ORDER/PLEDGE OF ALLEGIANCE: The San Luis Obispo Planning Commission was called to order at 7:00 p.m. on Wednesday, May 25, 2005, in the Council Chamber of City Hall, 990 Palm Street; San Luis Obispo. ROLL CALL: Present: Commissioners Andrea Miller, Orval Osborne, Vice-Chair Jim Aiken, Chairperson Michael Boswell, Alice Loh, Andrew Carter, and Carlyn Christianson Absent: None Staff: Deputy Community Development Director Ronald Whisenand, Associate Planner Michael Codron, Assistant City Attorney Christine Dietrick, and Recording Secretary Kim Main ACCEPTANCE OF THE AGENDA The agenda was accepted as presented. APPROVAL OF THE MINUTES: The minutes of May 11, 2005 were approved as amended. PUBLIC COMMENTS ON NON-AGENDA ITEMS There were no comments made from the public. PUBLIC-HEARING ITEMS: 1. 3190,3196, 3220, 3232, 3240, and 3250.South Hiauera.Street. PD 43-05: Amend use list to allow banks and broadcast studios, and laboratories with approved Planning Commission use permit; O-PD zone; Walter Brothers Construction, applicant. (Buzz Kalkowski) Ronald Whisenand, Deputy Director, presented the staff report with a recommendation that the City Council modify the use list to allow bank/savings and loans and broadcast studios, and to allow laboratories (medical, analytical) with a Planning Commission Use Permit. Draft Planning Commission Ptes aFac3 May 25, 2005 Page 2 PUBLIC COMMENTS: Bruce Fraser, applicant's representative, answered questions pertaining to the development plans. There were no further comments made from the public. COMMISSION COMMENTS: On motion by Commissioner Loh.to recommend the City Council modify PD-1457, to allow banks/savings & loans and broadcast studios, and to allow laboratories (medical, analytical) with a Planning Commission Use Permit. Seconded by Commissioner . Osborne. AYES: Commrs. Miller, Osborne, Aiken, Boswell, Loh, Carter, and Christianson NOES: None ABSENT: None ABSTAIN: None The motion carried on a 7 :0 vote. 0 en S ace. GPC 77-05: Review of a proposed dedication to the City of a servation easement for a 62.5 acre portion of the 92 acre Congregation Beth Davi roperty at the southeast corner of Los Osos Valley Road and Foothill Blvd. and it's nformity with the City's General Plan; City of San Luis Obispo, applicant. (Neil Hav11 Neil Havlik, Natural R urces Manager, presented the staff report and recommended that the Commission de mine and report to the City Council that the proposed property easement on a 62. acre portion of the Congregation Beth David property acquisition conforms with the Ge al Plan PUBLIC COMMENTS: There were no comments made from the public. COMMISSION COMMENTS: Discussion focused on the types of uses of the property, suc s continued grazing that would be consistent with open space and agricultural preservatio and the potential for future development of a portion of the project site that is not part of c ent development plan and is outside of the conservation easement._ On motion by Commr.-_Miller, to determine and report to the City Council at the Proposed Property. easement. on a 62.5 acre portion of the Congregation Beth vid property acquisition conforms with the General Plan. Seconded by Commissioner Loh.. I - � � Attachment 3 CITY OF SAN LUIS OBISPO PLANNING COMMISSION AGENDA REPORT ITEM# 1 BY: Buzz Kalkowski, Associate Planner(781-7166) MEETING DATE: May 25, 2005 FROM: Ronald Whisenand,Deputy Director FILE NUMBER: PD 43-05 PROJECT ADDRESS: 3250 South Higuera SUBJECT: Planned Development amendment to allow banks/savings & loans and broadcast studios and allow "laboratories (medical, analytical)" with a Planning Commission Use. RECOMMENDATION: Adopt the attached Planning Commission resolution, which recommends that the City Council modify PD-1457, Exhibit A, to allow banks/savings & loans and broadcast studios, and to allow laboratories (medical, analytical) with an approved Planning Commission Use Permit. BACKGROUND Situation The Walter Brothers Center is zoned Office with a Planned Development overlay that establishes this center as a prime location for government offices. Although the primary tenants are government in nature, the Council has authorized a mixture of government and non- governmental offices in the center. Exhibit A of the latest PD ordinance (Attachment No. 2) provides a list uses that are currently either: allowed; allowed with an approved use permit; or prohibited. The current Walter Brothers Planned Development overlay prohibits banks and savings and loans, broadcast studios, and laboratories (medical, analytical). These uses are either allowed by right or with a Planning commission Use permit in the underlying Office zone. The applicant is requesting a modification to enable these uses in his center. Data Summary Address: 3190, 3196, 3220 & 3232 South Higuera Applicant: Walter Brothers Construction Company Zoning: Office—Planned Development General Plan: Office: Mainly professional and administrative purposes Environmental status: Categorical Exemption CEQA Guidelines § 15301, Existing Facilities; § 15305, Minor Alterations in Land Use Limitations 1- 13 1 Attachment 3 Walter Brothers PD-Modification PD 43-05 Page 2 of 4 Site Description The Walter Brothers Center consists 4 parcels totaling t 12.2 acres at the northwest corner of South Higuera and Prado Road. South Higuera runs along the east side of the property and Prado Road along the south side. San Luis Obispo Creek runs through the western portion of the lots. Neighboring parcels fronting South Higuera Street are mostly zoned Commercial—Service. Proiect Description The applicant is requesting that Ordinance 1457 (2004 Series) Exhibit A (PD 95-04) ALLOWED/PROHIBITED USES, be modified, changing banks and savings and loans, and broadcast studios from the "NO" listing (prohibited use) to the "A" listing (allowed use); and laboratories (medical, analytical) from "NO" to "PC" (allowed with approved Planning Commission use permit). EVALUATION Zoning Conformance The Walter Brothers properties located at 3190, 3196 & 3220 South Higuera were rezoned to Office — Planned Development (O-PD) (Ordinance No. 1221, 1992 Series) on August 18, 1992. 3232 South Higuera, the fourth Walter Brothers parcel at South Higuera and Prado Road, remained with Neighborhood Commercial zoning until 1999 when it was added to the center and given an O-PD zoning designation (Ordinance No. 1376, 2000 Series). Condition No. 2 of the current Planned Development (PD) requires that "preference be given to governmental social services office uses; the owner shall seek tenants for available lease spaces among local, state and federal social service agencies prior to seeking tenants among alternate office uses." This condition was placed on the original PD in recognition of the property's location in the "Government Social Service" node of the City's Tri-polar office policy. The proposed amendment will not change this condition. A related condition (Condition No. 3) indicates that non-governmental or social services agencies "shall not occupy more than 70% of the gross lease spaces on the subject parcels." Again, the proposed amendment will not alter the mix of government and non-government tenants at the site. A condition of the Walter Brothers Center PD that is proposed for modification (PD 95-04, Condition No. 4) is the prohibition of banks and real estate offices. The applicant is proposing that banks be considered an allowed use of the center (real estate offices would continue to be prohibited). In addition, the applicant is proposing the modification to the allowed use list ("Exhibit A of PD95-04" - Attachment No. 2) that would allow batiks and savings and loans, as well as broadcast studios and laboratories (medical, analytical). The "uses" are either presently allowed by right in the Office (0) zones (banks/savings and loans, and broadcast studios) or with - 4 O Attachment 3 Walter Brothers PD-Modification PD 43-05 Page 3 of 4 a Planning Commission Use Permit (laboratories). At the time of the center's creation the use was excluded because the City's large office PD regulations specifically prohibited it. It is important to note that the large office PD regulations applied only in Service Commercial and Manufacturing Districts and not Office zone PD's. In addition, the City has since eliminated large office PD standards from our Zoning Regulations in favor of better definitions of which office types are allowed in specific zoning districts. Again, the City has determined that banks and savings and loans, as well as broadcast studios, are appropriate in our City Offices zones. Laboratories are presently allowed with a Planning Commission Use Permit and would continue to be so if the proposed amendment is approved. General Plan Conformance The September 2004 Land Use Element (LUE) land use designation for the subject properties is Office. The Land Use Element further identifies the South Higuera-Prado Road area as the "Social Services Area" in Figure 5 and Chapter 5.1. LUE Policy 5.1.6 states that County Social Services, California Employment Development and Rehabilitation, federal Social Security Administration offices "should" locate in this area. The policy further adds that "this area should have sufficient space to accommodate regional offices of state and federal agencies." This is repeated in LUE 3.4.2.D. LUE Policy 5.1.2 allows for "private businesses" compatible with government agencies to locate in the "Social Services Areas" as long as they do no displace the preferred public agencies. LUE 5.1.9, further states that government and private activities of types not listed in the policies 5.1.6 may be established in the Social Services Area provided the uses are compatible with or do not displace the government functions which should be located in the area. The condition of the original PD that establishes the ratio between government and non-government tenants will remain and ensure that this "displacement policy" is adhered to. LUE 3.4.1 states that Office development includes "banks." The General Plan land use designation for these parcels is Office. The emphasis of the above General Plan policies is not to exclude office and other uses from this area, but to protect the area as prime space for government and social service agencies in which to locate. As stated above, a condition that reserve sufficient lease space to government and social service agencies will be maintained. While the General Plan identifies the downtown as an appropriate area for professional offices (LUE Policy 3.4.2.A & B), it does not preclude other "remote areas" that are currently zoned "Office" from having professional office uses or other uses normally allowed in the Office zone. Other "Office" zoned lands outside of the downtown where similar restrictions on office uses do not occur include Laural Lane at Orcutt, Los Osos Valley Road at Madonna Road and Royal Way, KSBY studios on Calle Joaquin, and California Boulevard between Monterey and Highway 101. The applicant would like the same opportunities to lease to a broad range Office zone tenants as exist in these other"remote areas." Attachment 3 Walter Brothers PD-Modification PD 43-05 Page 4 of 4 Demand for Government Office Space When the Walter Brothers Center was originally proposed, the concern that City planners and decision makers had was whether establishing office complexes outside the Downtown Planning Area would have a detrimental impact on the downtown (see General Plan discussion above). In an attempt to control possible "leakage" of office space from the downtown, the City Council established size regulations and a very limited list of office tenants similar to the "large professional office" policies for Service Commercial and Manufacturing districts adopted in the late 1980's. As stated earlier, these policies were eliminated with the update of the City's Commercial Zoning Regulations. In the 13 plus years since the establishment of the Walter Brothers Center, the City has not identified an impact on the downtown office areas. Based on rough estimates there is approximately 800,000 to 1,000,000 square feet of office space in the downtown core and surrounding Office zoned land '(per the City's earlier office supply study). The amount of leasable square footage available for non-government tenants in the Walter Brothers Center amounts to approximately 7 to 10 % of the total professional office space in the downtown area.. The office market in the downtown has been recently described as "robust" with a very low vacancy rate. In addition, the downtown area continues to be a popular location for new or expanded small to medium professional office space. ALTERNATIVES 1. Approve the request to allow banks and savings and loans, and broadcast studios as an allowed use; and to allow laboratories (medical, analytical) with approved Planning Commission use permits, subject to all remaining earlier requirements. 2. Deny the request to allow banks and savings and loans, and broadcast studios, and laboratories with approved Planning Commission use permits, citing potential impacts to the downtown inconsistent with General Plan policies. 3. Continue the request for the amendment with specific directions to the applicant and staff. OTHER DEPARTMENT COMMENTS Because this request does not involve physical changes, comments from Public Works, Utilities and other Departments were not requested. Attachments: 1. Vicinity map 2. Ordinance No. 1457 (2004 Series) including Exhibit A, Uses Allowed/Prohibited 3. Draft Planning Commission Resolution CD-Plan\Bkalkowsla1PD\PD43-05 PC Rpt L ` Le Attachment 4 �►��uhl�llllll�11111111�1�������OIIIII 1111111 ' ���� Cl 1uy of sAn OBISPO 990 Palm Street, San Luis Obispo, CA 93401-3249 June 6, 2005 Walter Brothers Construction 3220 South Higuera Street, Suite 301 San Luis Obispo, CA 93401 SUBJECT: PD 43-05- 3190, 3196, 3220, 3232, 3240, and 3250 South Higuera Street Amend use list to allow banks and broadcast studios_ , and laboratories with approved Planning Commission use permit Dear Walter Brothers: The Planning Commission, at its meeting of May 25, 2005, recommended that the City Council modify the existing Office Planned Development at the Walter Brothers Center to allow banks, broadcast studios, and laboratories, based on findings and subject to conditions noted in the attached resolution. The action of the Planning Commission is a recommendation to the City Council and, therefore, is not final. This matter has been tentatively scheduled for public hearing before the City Council on July 5, 2005. This date, however, should be verified with the City Clerk's office at (805) 781-7102. If you have any questions, please contact Buzz Kalkowski at (805) 781-7166. Sincerely, Ron d Whisenand Deputy Community Development Director Development Review Attachment: Resolution No. 5423-05 cc: SLO County Assessor's Office Bruce Fraser Walter Brothers Construction Co. 971 Osos Street P.O. Box 809 San Luis Obispo, CA 93401 San Luis Obispo, CA 93401 OThe City of San Luis Obispo is committed to include the disabled in all of its services,programs and activities. Telecommunications Device for the Deaf(805)781-7410. L — I O Attachment 4 RESOLUTION NO. 5423-05 A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION APPROVING A PLANNED DEVELOPMENT OVERLAY MODIFCATION FOR THE WALTER BORTHERS CENTER 3190 —3280 SOUTH HIGUERA STREET (PD 43-05) WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on May 25, 2005, for the purpose of considering Application PD-MOD 43-05, a request to modify Exhibit A of PD 95-04 to allow banks and savings and loans, broadcast studios, and to allow laboratories (analytical and medical) with an approved Planning Commission use permit. WHEREAS, said public hearing was for the purpose of formulating and forwarding recommendations to the City Council of the City of San Luis Obispo regarding the project; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the Planning Commission has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Luis Obispo as follows: Section 1. Findings. Based upon all the evidence, the Commission makes the following findings in support of the project approval as a recommendation to the City Council: 1. The request for allowing banks, savings and loans, broadcast studios by right, and laboratories with a Planning Commission Use Permit, is consistent with the General Plan because the Land Use Map designated the property as having an Office use, and policies support professional office use of this property. 2. The approval of the request will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity of the subject property, or be injurious to the general welfare of the City because no demonstrated evidence exists to support that the allowing of banks, savings and loans, broadcast studios, and laboratories in the Walter Brothers Center will be detrimental to the City's desire for concentrated government centers. Attachment 4 Resolution No. 5423-05 Page 2 3. The proposed change in the Planned Development condition does not involve a change in land use and is therefore exempt from environmental review in accordance with the California Environmental Quality Act (CEQA). Section 2. Recommendation. The. Planning Commission does hereby recommend to the City Council approval of the following changes to PD-1541 (Ordinance 1457 — 2004 Series) which includes changes in attached EXHIBIT A: Condition No. 4. The following office-related uses shall be prohibited: banks=ate real estate offices. On motion by Commr. Loh, seconded by Commr. Osborne, and on the following roll call vote to wit: AYES: Commissioners. Milller, Aiken, Carter, Christensen, and Chairperson Boswell. NOES: None REFRAIN: None ABSENT: None The foregoing resolution was passed and adopted this 6th day of June, 2005. on Whisenan ,'Secretary Pla ning Commission l - 19 Attachment 4 EXHIBIT A—PD 43-05 ALLOWED/PROHIBITED USES —WALTER CENTER Uses allowed and prohibited within this O-PD zone shall be as provided in the following list. Symbols following each listed use shall have the following meaning: A Type of use allowed without use permit approval. D Type of use allowed if an administrative use permit is approved. PC Type of use allowed if a use permit is approved by the Planning Commission. NO Type of use which isnot allowed. * Type of use which is not subject to floor area requirements in Section 4 above. ** Type of use which is only incidental and non-customer serving functions shall be allowed. Advertising and related services A Ambulance services NO Banks and savings and loans A Broadcast studios A Caretaker's quarters NO Cemeteries, mausoleums, columbariums NO Christmas trees sales (see.Section 17.08.010D) NO Churches, synagogues, temples, etc. NO Circus, carnival, fair, festival, parades NO (see Section 17.08.010E) Computer Services A Convalescent hospitals NO Credit reporting and collection A Credit unions and finance companies A** Delivery and private postal services D i J Attachment 4 Detective and security services A Dwellings NO Employment agencies A* Government agency offices and meeting rooms A* Homeless shelters (see Section 17.08.110) PC Hospitals NO Insurance service—local A Insurance services—regional office A Laboratories (medical, analytical) PC Mortuaries NO Offices (contractors)—all types of general and special A building contractor's offices Offices (engineering)—engineers and industrial design A Offices (professional)—Professional offices consistent A with the Land Use Element are allowed. Realtors are prohibited. Organizations (professional,religious, political, labor, A fraternal; trade, youth, etc.), offices and meeting rooms Photocopy services; quick printers A Residential care facilities—6 or fewer residents NO Residential care facilities— more than 6 residents NO Schools -Nursery schools, child day care A Business trade,recreational, or other D specialized schools Secretarial and related services (court reporting, A stenography, typing, telephone answering, etc.) ATTACHMENT'15 ORDINANCE NO. (2005 Series) " AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO MODIFYING CONDITION NO.4 OF THE PLANNED DEVELOPMENT OVERLAY MODIFICATION FOR THE WALTER BROTHERS CENTERLOCATED AT 3250 SOUTH HIGUERA STREET (PD 43-05) WHEREAS, the Planning Commission conducted a public hearing on May 5, 2005, and recommended approval of the project; and WHEREAS, the City Council conducted a public hearing on July 5, 2005 and has considered testimony of interested parties, the records of the Planning Commission hearing and action, and the evaluation and recommendation of staff. NOW, THEREFORE, 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 categorically exempt under Section 15301, Existing Facilities, of the CEQA Guidelines because it does not involve physical changes to the environment. SECTION 2. Findings. That this Council, after consideration of Walter Brothers Center Planned Development Overlay Modification and the Planning Commission's recommendations, staff recommendations, public testimony, and reports thereof, makes the following findings: 1. The request for deleting banks, savings and loan, broadcast studios, and laboratories from the list of prohibited uses in the Planned Development is consistent with General Plan because the Land Use Map designation for the property is Office, which allows these uses. 2. The approval of the request will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity of the subject property, or be injurious to the general welfare of the City because there is no demonstrated evidence to support that the change will be detrimental to the City's desire to maintain a viable downtown and concentrated government centers. 3. The proposed modifications to the Planned Development overlay conditions and allowed uses do not result in physical modifications to the site, and are therefore exempt from environmental review in accordance with the California Environmental Quality Act (CEQA). SECTION 3. Approval & Revised Conditions. PD-1541 (Ordinance No. 1457 -- 2004 Series), Condition No. 4 is hereby modified to remove banks as a prohibited use; and Exhibit A, a list of prohibited PD uses, is hereby modified to allow banks, savings and loans, and broadcast studios as allowed uses, and also laboratories, with a Planning Commission use permit; and these actions are reflected in the following revised conditions which are hereby adopted: �. ATTACHMENT,` 5 Ordinance No. (2005 Series) Page 2 of 3 1. Except as otherwise noted in these conditions of approval, all zoning regulations for the Office zone shall apply. 2. Preference shall be given to governmental social service office uses; owners shall seek tenants for available lease spaces among local, state, and federal social service agencies prior to seeking tenants among alternative office uses. 3. Tenants other than governmental social service agencies, quasi-governmental social services businesses, private non-profit social services providers, and private offices whose business relates directly and primarily to social services, shall not occupy more than 70% of the gross lease spaces on the subject parcels. 4. The following office-related uses shall be prohibited: bank and real estate offices. . 5. Applicant shall dedicate a creek maintenance and pedestrian access easement over that portion of the site within the San Luis Creek Channel, and including a.20-foot buffer strip at the top of bank on both sides of the creek. (Extension of requirement from previous Use Permit U 1401.) 6. Uses allowed and prohibited within this O-PD zone shall be as provided in Exhibit A attached. 7. All future development shall comply with the Creek Setback Regulations to ensure the maintenance of a healthy creek environment. SECTION 4. A summary of this ordinance, together with the names of the Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The 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. A4tachment 5 Ordinance No. (2005 Series) Page 3 of 3 INTRODUCED on the 5`h day of July, 2005, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 19`h day of July, 2005, on the following roll call vote: AYES: NOES: ABSENT: Mayor David F. Romero ATTEST: City Clerk Audrey Hooper APPROVED AS TO FORM: Cit rney Jonathan P. Lowell CD-Plan/bkalkowsl(RD 43-05 PD Amend Ord. J EXHIBIT A—PD 43-05 Attachment 5 ALLOWED/PROHIBITED USES —WALTER CENTER Uses allowed and prohibited within this O-PD zone shall be as provided in the following list. Symbols following each listed use shall have the following meaning: A Type of use allowed without use permit approval. D Type of use allowed if an administrative use permit is approved. PC Type of use allowed if a use permit is approved by the Planning Commission. NO Type of use which is not allowed. * Type of use which is not subject to floor area requirements in Section 4 above. ** Type of use for which only incidental and non-customer serving functions shall be allowed. Advertising and related services A Ambulance services NO Banks and savings and loans A Broadcast studios A Caretaker's quarters NO Cemeteries, mausoleums, columbariums NO Christmas trees sales (see Section 17.08.0101)) NO Churches, synagogues, temples, etc. NO Circus, carnival, fair, festival,parades NO (see Section 17.08.010E) Computer Services A Convalescent hospitals NO Credit reporting and collection A Credit unions and finance companies A** Delivery and private postal services D Detective and security services A Dwellings NO r �i C C Attachment 5 Exhibit A of Ordinance No. (2005 Series) Application No. PD 43-05 Page 2 of 3 Employment agencies A* Government agency offices and meeting rooms A* Homeless shelters (see Section 17.08.110) PC Hospitals NO Insurance service—local A Insurance services—regional office A Laboratories (medical, analytical) PC Mortuaries NO Offices (contractors)—all types of general and special A building contractor's offices Offices (engineering)—engineers and industrial design A Offices (professional)—Professional offices consistent A with the Land Use Element are allowed. Realtors are prohibited. Organizations (professional,religious, political, labor, A fraternal, trade, youth, etc.), offices and meeting rooms Photocopy services; quick printers A Residential care facilities—6 or fewer residents NO Residential care facilities—more than 6 residents NO Schools -Nursery schools, child day care A -Business trade, recreational, or other D specialized schools Secretarial and related services (court reporting, A stenography, typing, telephone answering, etc.) Exhibit A of Ordinance No. (2005 Series) klachment 5 Application No. PD 43-05 Page 3 of 3 Social services and charitable agencies A* Telegram office A Ticket/travel agencies A Utility companies - Corporation yards NO -Customer account services A (bill paying and inquiries) -Distribution and transmission facilities NO (see Section 17.08.050) -Engineering and administrative offices A -Payment drop points A Veterinarians NO CD-PlarAkalkowski/PD/43.05 CC Ord Exhibit A C' Attachment 6 RESOLUTION NO. (2005 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING A PLANNED DEVELOPMENT OVERLAY MODIFICATION FOR THE WALTER BROTHERS CENTER LOCATED AT 3250 SOUTH HIGUERA STREET(PD 43-05) WHEREAS, the Planning Commission conducted a public hearing on May 25, 2005, and recommended approval of the project; and WHEREAS, the City Council conducted a public hearing on July 5, 2005, and has considered testimony of interested parties, the records of the Planning Commission hearing and action, and the evaluation and recommendation of staff; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San.Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of Walter Brothers Center Planned Development Overlay Modification and the Planning Commission's recommendations, staff recommendations, public testimony, and reports thereof, makes the following findings: 1. Allowing banks, savings and loans, broadcast studios, and with Planning Commission use permits, laboratories (medical, analytical) at the center could adversely impact the viability of the office supply in the downtown and other areas of the City zoned Office, inconsistent with General Plan policies contained in Section 3.4, Offices, of the Land Use Element. SECTION 2. Denial. The request for approval modifying PD-1541 (Ordinance No. 1457 -- 2004 Series), modifying Conditions No. 4 to remove "banks" as a prohibited use, and to change Exhibit A, list of prohibited PD uses, to allow banks, savings and loans, broadcast studios and, and, with a Planning Commission use permit, laboratories, are hereby denied. On motion of seconded by , and on the following roll call vote: AYES: NOES: ABSENT: 1 - C7 • -1 A tachinent 6 Resolution No. (2005 Series) Page 2 of 2 the foregoing resolution was passed and adopted this 5h day of July, 2005. Mayor David F. Romero ATTEST: City Clerk Audrey Hooper APPROVED AS TO FORM: City Attorney Jonathan Lowell CD-Planbaldkowski/PD/43-05/resp to deny