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HomeMy WebLinkAbout06/17/2008, PH 2 - AMENDMENT FOR THE WALTER BROTHERS CENTER PLANNED DEVELOPMENT (PD) LOCATED AT 3190-3250 SOUTH HIGUER council DIft a� acEnaa wpoat 1W.N y a- CITY OF SAN LUIS O B I S P o FROM: John Mandeville,Community Development Director Prepared By: Brian Leveille,Associate Planner SUBJECT: AMENDMENT FOR THE WALTER BROTHERS CENTER PLANNED DEVELOPMENT(PD)LOCATED AT 3190-3250 SOUTH HIGUERA(PD- MOD 41-08) CAO RECOMMENDATION As recommended by Planning Commission, introduce an ordinance removing the prohibition of real estate offices in the allowed/prohibited uses list for the Walter Brothers Center Office- Planned Development overlay(O-PD). DISCUSSION Background/Previous Review The Walter Brothers Center(Attachment 1)is zoned Office with a Planned Development overlay (O-PD) 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 2) provides a list of uses that are currently either: allowed,allowed with an approved use permit, or prohibited. The current planned development on the Walter Brothers Center overlay prohibits real estate offices. The O-PD overlay allows for various office uses such as contractors, engineering, industrial design, professional uses, and generally office uses which are allowed in the Office Zone except where otherwise noted in conditions of approval. At its meeting of May 14, 2008, the Planning Commission voted 7:0 to recommend the City Council modify the list of allowed/prohibited uses for the Walter Brothers Center O-PD overlay to remove the prohibition on real estate offices (draft Planning Commission minutes, attachment 3)_ Data Summary Addresses: 3190-3250 South Higuera Applicant: Steve Hopkins 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 Walter Brothers Center Planned Development Overlay Modification PD-41-M Page 2 of 4 Site Description The Walter Brothers Center consists of 5 parcels totaling approximately 11.1 acres at the northwest confer 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. There are seven separate buildings in the Walter Brothers Center with a total of approximately 150,000 square feet(Figure 1,below).. s Walter Center � t a •�4' Figure 1. Project site Project Description The applicant is requesting that the prohibition on real estate offices be removed from the Walter Center O-PD overlay. Currently the list of allowed uses states: "Offices (professional) — Professional offices consistent with the Land Use Element are allowed.Realtors are prolubited." EVALUATION Zoning Conformance The Walter Brothers properties located at 3190-3250 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 Z -Z Walter Brothers Center Planned Development Overlay Modification PD41-M Page 3 of 4 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. In a previous PD overlay modification approval (PD 95-04),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-goverment tenants at the site. The property owner has sought,on several occasions to increase the variety of non-governmental tenants in order to keep the offices fully leased. The original condition of approval in the PD overlay approved with the project in 1992 prohibited banks, real estate offices, financial institutions, medical clinics and doctor offices, and lawyers offices. Since the original approval all of these uses have been removed from the prohibited list through several PD modifications except the prohibition on real estate offices which remains the only prohibited office use. Section 3 of the approving Ordinance No. 1457 (Attachment 2) eliminated prohibitions on doctor's offices and medical clinics and stated that standard zoning regulations for the Office zone apply to the center except as otherwise noted in conditions of approval. Condition No. 4 of Ordinance No. 1457 stated that banks and real estate offices were prohibited. In July,2005,the City Council approved another modification (Ordinance No. 1476) to the table of allows /prohibited uses in the Walter Center. The modification eliminated the prohibition on banks by allowing banks and savings and loans, and broadest studios by right. Laboratories were also modified from "prohibited"to"allowed"with approval of a Planning Commission Use permit. In reviewing prior analysis and meeting minutes, there does not appear to have been intent to maintain a prohibition on real estate offices. It appears real estate offices were not removed from the prohibited list simply because they were never a part of the request for modification. 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 5.12 allows for"private businesses"compatible with government agencies to locate in the "Social Services Ares" as long as they do not displace the preferred public agencies. LUE 5.1.9, finther 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 2 - 3 Walter Brothers Center Planned Development Overlay Modification PD41-08 Page 4 of 4 original PD that establishes the ratio between government and non-government tenants will remain and ensure that this"displacement policy" is adhered to. Summary Real Estate offices are included under the zoning classification "Office-Business and Service." This classification is allowed by right in the Office zone. Staff believes that allowing real estate offices in the Walter Center O-PD overlay would not be inconsistent with the original intent of the approval or General Plan policy, since the required ratio of government and social services will be maintained. Staff also believes it would be inconsistent with prior actions to allow other offices classified as "Office-Professional" and "Office-Production and Administrative (engineers, architects, etc)" as has been approved in the past for the Walter Center and not allow real estate offices. As demonstrated in the attached list of current tenants in the Walter Center, the project site is in compliance with requirements to maintain a minimum of 306/6 leasable floor area to government and social service agencies (Attachment 4). Currently, 47% of the leasable floor area is occupied by goverment and social service agencies. FISCAL IWACT 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 i. Deny the request to allow real estate offices based on findings. This option is not preferred since it would prevent real estate offices from locating in a center with similar and compatible uses. 2. Continue the request for the amendment with specific direction to the applicant and staff. ATTACHMENTS 1. Vicinity map 2. Applicant statement 3. Copy of Ordinance No. 1476(2005 Series),including Exhibit A,Uses Allowed/Prohibited 4. May 14,2008 Draft Planning Commission Minutes 5. May 14,2008 Planning Commission Staff report and Planning Commission Resolution 6. Walter Bros. Center tenant list 7. Draft Ordinance Amending the PD aACDRLANULeveM AMMM14k=su RPtdoe � � 7 A cf, OS C-R 0 C/OS-10 15 C-S co C-S A ----�- R-3 F O-PD g J ¢ MgRGgR/Tq Q '(yJ 117LJTjf' U V! C-S-S - - R-2-S 'OR AO0 V� a.� PF R-2 C -S C2 y W C C-S-SP a W C-S Q� BONETTI - P VICINITY MAP File No. 41 =08 N 3190 _ 3250 S . Hmiguera �._S Attachment 2 March 28,2008 Community Development Department City of San Luis Obispo 990 Palm Street San Luis Obispo,CA 93401 Application for Plan Amendment to Modify Ordinance No.1476(2005 Series)of PD 43-05 See attached Planning Application Form DESCRIPTION OF PROPOSED USE California Coast Real Estate is a small boutique firm that focuses on residential real estate transactions,and specializes in buyers relocating to the Central Coast.The company consists of myself,as owner-broker,and one sales associate.The maximum number of associates will be capped at two.We are approximately one year away from reaching that goal.Our square footage needs will remain as they are today at one office and two cubicles. The cubicles will be used by associates on a part-time basis as they will work approximately 50%of the time from a home based office. Hours of operation are generally Monday through Friday,9`:00am to 5:00pm. The intended use for this space is to house/conduct our corporate office functions.We do not conduct direct client business from this site.Clients will not be coming to this location.All client business is conducted offsite. Additionally,this space is not intended to serve as a retail store front to attract business. No promotion or marketing of real estate will be conducted at this site.We generate our customer base through our website, participating in local networking groups,and developing relationships with local business to assist in the retention and recruitment of new employees. STATEMENT This application is for a modification to the language of the Planned Development PD 43-05 Exhibit A,"Allowed /Prohibited Uses"list,affecting buildings owned by Walter Brothers Properties at the intersection of South Higuera and Prado Road.The subject conditions were established by Ordinance No. 1221, and modified most recently by Ordinance No. 1476(2005 Series).We propose to move Realtors(located under Office-Professional) from "prohibited"to A,or allowed. As with other recent modifications of the Planned Development conditions on the Walter Brothers properties,this change is proposed in an attempt to bring constraints on this building complex into alignment with other"Office" zoned land throughout the City. No potential environmental impacts are anticipated as a result of this requested change.Since this, as with the 2005 changes, brings uses on the site more not conformity with the allowed uses in the"O"zones in Zoning Ordinance Table 9, no potentially damaging precedents or competitive inequities are at issue. It should also be noted that the Walter Brother Center has 47%gross lease space in reserve for government and related social service agencies(minimum requirement is 30%). — Z,¢ Attachment 3 ORDINANCE NO. 1476 (2005 SERIFS) 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: 01476 2 - 7 =� Attachment 3 Ordinance No. 1476(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: 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. INTRODUCED on the 5"' day of July 2005, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 19`x' day of July 2005, on the following roll call vote: AYES: Council Members Brown and Mulholland, Vice Mayor Ewan and Mayor Romero NOES: None ABSENT: Council Member Settle Z �0 Attachment 3 Ordinance No. 1476(2005 Series) Page 3 of 3 Mayor David F. Romero ATTEST: X . Audrey Ho per City Cler APPROVED AS TO FORM: J P. Lowell City Attorney - EXHIBIT A—PD 43 OS 4 Attachment 3 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 17.08.010D) 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 Detective and security services A Dwellings NO Attachment 3 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 / ices (professional)—Professional offices consistent / 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.) t Exhibit A of Ordinance No. (2005 Series) AttachnIent 3 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 2-/a- Attachment 4 DRAFT SAN LUIS OBISPO PLANNING COMMISSION MINUTES May 14, 2008 ROLL CALL: Present: Commissioners Amanda Brodie, Dan Carpenter, Carlyn Christianson, Diana Gould-Wells, Michael Multari, Vice-Chairperson John Ashbaugh and Chairperson Charles Stevenson Absent: None Staff: Deputy Director Doug Davidson, Associate Planner Brian Leveille, Associate Planner Michael Codron, Deputy Director Kim Murry and Recording Secretary Michelle Lakey ACCEPTANCE OF AGENDA: Commissioners or staff may modify the order of items. MINUTES: Minutes of April 23, 2008. Approve or amend. The minutes of April 23, 2008 were approved as amended. (See notes written on minutes) PUBLIC COMMENT: No comments made by the public. PUBLIC HEARINGS: 1. 3190 — 3250 S. Hiquera Street. PD 41-08; Request to amend allowable uses in Walter Center to include real estate offices; O-PD zone; Steven Hopkins, applicant. (Brian Leveille) Brian Leveille, Associate Planner, presented the staff report, recommending the Commission adopt the attached Planning Commission resolution, recommending that the City Council modify Ordinance No. 1476, Exhibit A, to allow real estate offices. In response to a question from Commissioner Carpenter, Brian Leveille stated that based on staff review of meeting minutes and staff reports from prior applications to modify the list of allowed uses, there was no intent or stated reason to allow other office uses and continue to prohibit real estate offices. He also noted it appeared the only reason real estate offices were left on the list of prohibited uses from prior modifications to the approved list of uses, is because it was not a part of those prior requests. PUBLIC COMMENTS: The applicant, Steve Hopkins had no statement and indicated he was available for questions. There were no additional comments made from the public. a- /3 Draft Planning Commission Minutes Attachment 4 May 14, 2008 e . Page 2 COMMISSION COMMENTS: Commr. Ashbaugh stated that he agreed with staff that there did not appear to be any reason to prohibit real estate offices specifically, and that real estate offices should be allowed. On motion by Commr. Multari Seconded by Commr. Carpenter to recommend that the City Council modify Ordinance No. 1476, Exhibit A, to allow real estate offices. AYES: Commrs. Multari, Gould-Wells, Christianson, Carpenter, Brodie, Vice- Chair Ashbaugh, and Chairperson Stevenson. NOES: None RECUSED: None ABSENT: None The motion carried on a 7 : 0 vote. 3229 Broad Street. U 173-07; Review of mixed-use project in the S ice- Commercial (C-S-S) zone with 4,000 square feet commercial spac and 8 r idential units; Hamrick Assoc., applicant. (Brian Leveille) Brian Levei Associate Planner, presented the staff report, r ommending the Commission a t the resolution approving the mixed-use pro' t and 10% shared parking reduction, b ed on findings, and subject to conditions. Commissioner Multari no concerns that the parkin calculations were based on 3,600 square feet when the gr s floor area was 4,0 square feet and confirmed with staff that parking calculations are sed on gross fl r area. PUBLIC COMMENTS: Warren Hamrick, applicant representa ' e, s ed that he supported the staff report as written. He explained that he has m with the t sh company to come up with the best way to deal with trash pick up. There were no additional co ents made from the public. COMMISSION COMM TS: Commr. Multari, s ported the parking reduction. He was concern with the number of parking spac and the possibility of a restaurant being one of the sinesses in the commercial rtion of the property that would not have enough parking. a discussed the findin for a greater reduction and asked staff if it would be possible to pprove a reductio up to 30% to avoid having the applicant having to come back to re-a end the proje conditions of approval. oug Davidson, Deputy Director, stated that the applicant could apply for another 2 reduction if needed as a Mixed Use Parking reduction. He stated that for this to occur, .;2- �7 t Draft Planning Commission Minutes Attachment 4 May 14, 2008 Page 3 staff would have to re-notice to the public and it would require an action in a se p ate blic hearing. Com issioner Multari noted that there were a number of uses allowed ' "Exhibit A" in which t re would not be enough parking provided in the project. asked staff how the parking quirement would be tracked for the site. Associate P nner, Brian Leveille noted staff w Id be reviewing prospective tenants throu the business license approval process verify available parking on the projec ite. Commissioner Multari asked whether sta elieved this was sufficient to a ure available parking. Brian Leveille agreed with Co issioner Multari that certain ses would be constrained at the site because of available arking and responde hat the review process to verify parking should be sufficient, b it would be pos le to require additional review for all uses that could not be parked ba d on the o space per 500 square feet calculation. Commr. Ashbaugh, supported an ame ent to condition #7 by adding to the end of the second sentence, "...and between is roperty and the adjacent property." He also supported an amendment to Exhibi , the T le of Allowed Uses, to change restaurant uses from an allowed use to a u requiring Di ctor's approval due to the particularly high potential parking demand restaurant uses. On. motion by Vice-Ch ' Ashbaugh Seconded b Commissioner. Gould-Wells recommending aooroviryf the mixed-use ro'ect and 1 shared parking reduction based on findin s an subiect to conditions. The followin c nes will also be added: amend condition #7 y adding to the end of the second senten "...and between this property and the djacent property' and amend Exhibit A- Use Allowed to change under `permit r uirement' that Land Use for restaurant be changed fr A to D. AYES: Commrs. Multari, Gould-Wells, Christianson, Carpenter, Br ie, Vice- Cha ice- Chair Ashbaugh, and Chairperson Stevenson. NO None R USED: None SENT: None The motion carried on a 7 : 0 vote. 3. Orcuft Area Specific Plan and EIR. GP/SP/ER 209-98: Review discussion of the m�utt Area Specific Plan and Draft EIR; Barbar arsons, applicant. (continue do ril 23, 2008, meeting) (Michael Co Michael Codron, Associate Plan resente a staff report asking the Commission to receive public comment and provide 'on to staff on changes to be incorporated into the first three chapters of the dr ASP, as ws: 1. Discuss Chapte recommendations based on iden i on of better wetland mitigation , and new viewshed information. 2. Dire c ff to amend Section 2.5 of the draft OASP based on CHC inp 3. ect staff to delete Policy 3.2.6 regarding size of R-1 lots. Draft Planning Commission Minutes Attachment 4 May 14, 2008 Page 4 4. Direct staff to amend Draft OASP to re-designate approximately 3 acres of 'A' Street frontage from R-2 to R-3. 5. Complete review of Chapter 3 beginning with Section 3.3 Affordable Housi Provide staff direction on 5-28 field trip. He exp ined that the California Department of Transportation, Division Aeronautics, has app ved the school site, but approval will expire prior to cquisition and developme . He stated that City staff and the School District cons ant will meet with members of t e Airport Land Use Commission individually prior the June 18 public hearing. PUBLIC COMMEN There were no comment ade from the public. COMMISSION COMMENTS: Commissioner Multari, Policy 3.2. 8 Page 3 Mobile Home Parks, recommended taking out the sentence stating that ly new manufactured homes would be allowed in any mobile home park developed n e property. He is also against the staff recommendation to delete Policy 3.3.5. Vice-Chair Ashbaugh, Page 3-7, Ite state he would like to see mobile home parks added to this item. He would I' a to ame the staff recommendation to allow manufactured houses in any resi ntial zone of th property. Chairperson Stevenson, woul like staff to use the co ct terminology when referring to manufactured housing de v opments. He is concern d that it will be too easy for people to build two story mes in sensitive viewshed are Comms. Brodie, sta d that for consistency purposes, th Union Pacific Railway Corridor is address in the DEIR but not addressed in the specs 'c plan and should be. On motion by mmr. Multari Seconded by Vice-Chair Ashbaugh a ree with staffs recommendat' ns regarding affordable housing with the following cha es: Policv 3.3.4 should indio4te that the land_ dedication will not occur later than the econd hase• delete th second sentence of Policy 3.2.18 and add "all zones" to the fkst sentence; delete r4ference to mobile home parks in Policy 3.2.4• add mobile ho arks to numb r 5 in the list under Section 3.3; use the term "manufactured housin stead of mo le home parks throughout the OASP: review Policy 3.3.5 and look for was X make u the loss of affordable housing proposed in other locations within the Orcutt Are AYES: Commrs. Multari, Gould-Wells, Christianson, Carpenter, Brodie, Vice- �? -/Le Draft Planning Commission Minutes ' ' Attachment 4 May 14, 2008 Page 5 Chair Ashbaugh, and Chairperson Stevenson. NOES: None RECUSED: None ABSENT: None Th %mo on carried on a 7 : 0 vote. On on b Vice-Chair Ashbaugh Seconded b Commr.. Mul/recommendringg revision o Fig. 2.5 Fig. 2.8 and to adopt two new rorams 2.4 f and 2.4.1 and to have staff tbzlarify setbacks required by Policy 2.4.1 d. AYES: Co rs. Multari, Gould-Wells, Christianso Carpenter, Brodie, Vice- Chair shbaugh, and Chairperson Stevenso . NOES: None RECUSED: None ABSENT: None The motion carried on a 7 0 vo On motion by Commr. Multari Se ded V Commr.. Gould-Wells recommending the Commission accept the recommendati n made by the CHC at.their meeting on April 28, 2008.. AYES: Commrs. Multari, Go d-Wells, Christianson, Carpenter, Brodie, Vice- Chair Ashbaugh, an Chairperson tevenson. NOES: None RECUSED: None ABSENT: None The motion carried on a 7 : 0 vote. The Commission dis ssed modifying the Specific Plan to re esignate an approximate three-acre area on a east.side of "A" Street from R-2 to R-3 that both sides of the street will be zon and designed in a consistent manner. The ommission approved the change by c sensus. On motion b Commr. Multari Seconded by Commr. Christianson to ference Safet Element P is 5.1 and include the EIR discussion on electromagnett electromagnetfre uencies associate .with the transmission_lines located on-the site: and to include the,discussion of railro hazards from the EIR into the specific plan document. WECUSED: Commrs. Multari, Gould-Wells, Christianson, Carpenter, Brodie, Vice- Chair Ashbaugh, and Chairperson Stevenson. : None None ABSENT: None The motion carried on a 7 : 0 vote. I - Draft Planning Commission Minutes AttaChment 4 May 14, 2008 Page 6 C MMENT AND DISCUSSION: 4. Staff A. Agenda Forec as provide y Michael Codron. 7. Commission A. There was no C mission discussion. ADJOURMENT: a meeting was adjourned at 9:00 pm. Respec ly submitted by Mi elle Lakey ecording Secretary Attachment 5 CITY OF SAN LUIS OBISPO PLANNING COMMISSION AGENDA REPORT ITEM# 1 BY: Brian Leveille, Associate Planner(781-7166)WMEETING DATE: May 14, 2008 FROM: Doug Davidson, Deputy Director of Community Development 1 FILE NUMBER: PD 41-08 PROJECT ADDRESS: 3190-3250 South Higuera SUBJECT: Planned Development overlay amendment to allow real estate offices in the Walter Center; (O-PD zone) RECOMMENDATION: Adopt the attached Planning Commission resolution, which recommends that the City Council modify Ordinance No. 1476, Exhibit A, to allow real estate offices. BACKGROUND Situation The Walter Brothers Center is zoned Office with a Planned Development overlay (O-PD) 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. 3) 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 real estate offices. The PD overlay allows for various office uses such as contractors, engineering and industrial design, offices for professional uses, and generally office uses which are allowed in the Office zone except where otherwise noted in conditions of approval. Data Summary Address: 3190-3250 S. Higuera Applicant: Steven Hopkins Zoning: Office—Planned Development (O-PD) General Plan: Office: Mainly professional and administrative purposes Environmental status: Categorical Exemption CEQA Guidelines § 15301, Existing Facilities; § 15305, Minor Alterations in Land Use Limitations � �9 f Attachment 5 Walter Brothers PD-Modification PD 41-08 Page 2 of 4 Site Description The Walter Brothers Center consists of 5 parcels totaling f 11.1 acres at the northwest comer 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. There are seven separate buildings in the Walter Brothers Center with a total of approximately 150,000 square feet(Figure 1,below). XN. Walter Center Nt • a. Ul �' rr I•T,� f A lop 'J Figure 1. Project site Project Description The applicant is requesting that Ordinance 1476 (2005 Series) Exhibit A (PD 41-08) ALLOWED/PROHIBITED USES, be modified, to allow Realtors offices. Currently the list of allowed uses states: "Offices (professional) — Professional offices consistent with the Land Use Element are allowed. Realtors are prohibited." EVALUATION Zoning Conformance The Walter Brothers properties located at 3190-3250 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 ,; ' -2- d Attachment 5 Walter Brothers PD-Modification PD 41-08 Page 3 of 4 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. In a previous PD overlay modification approval (PD 95-04), condition #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. Section 3 of the approving Ordinance#1457 (attachment 2) eliminated prohibitions on doctor's offices and medical clinics and stated that standard zoning regulations for the Office zone apply to the center except as otherwise noted in conditions of approval. Condition #4 of Ordinance 1457 stated that banks and real estate offices were prohibited. In July, 2005, the City Council approved another modification (Ordinance No. 1476) to the table of allowed/prohibited uses in the Walter Center. The modification eliminated the prohibition on banks by allowing banks and savings and loans, and broadcast studios by right. Laboratories were also modified from "prohibited" to "allowed" with approval of a Planning Commission Use permit. The original condition of approval in the PD overlay approved with the project in 1992 prohibited banks, real estate offices, financial institutions, medical clinics and doctor offices, and lawyers offices. Since the original approval all of these uses have been removed from the prohibited list through several PD modifications except the prohibition on real estate offices is the only remaining prohibited office use. In reviewing prior staff report analysis and meeting minutes, there does not appear to have been intent to maintain a prohibition on real estate offices. It appears real estate offices were not removed from the prohibited list simply because they were never a part of the request for modification. General Plan Conformance The September 2004 Land Use Element (LUE) land use designation for the subject properties is Office. The Land Use Element farther 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 —C�—l Attachment 5 Walter Brothers PD-Modification PD 41-08 Page 4 of 4 original PD that establishes the ratio between government and non-government tenants will remain and ensure that this "displacement policy" is adhered to. Staff Analysis: Real Estate offices are included under the zoning classification "Office-Business and Service. " This classification is allowed by right in the Office zone. Staff believes that allowing real estate offices in the Walter Center PD overlay would not be inconsistent with the original intent of the approval or General Plan policy, since the required ratio of government and social services will be maintained. Staff also believes it would be inconsistent with prior actions to allow other offices classified as "Office-Professional" and "Office-Production and Administrative (engineers, architects, etc)" as has been approved in the past for the Walter Center and not allow real estate offices. As demonstrated in the attached list of current tenants in the in the Walter Center, the project site is in compliance with requirements to maintain a minimum of 30% leasable floor area to government and social service agencies (Attachment 4). OTHER DEPARTMENT COMMENTS Because this request does not involve physical changes, comments from Public Works, Utilities and other Departments were not requested. RECOMMENDATION Recommend the City Council adopt an ordinance amending the table of allowed/prohibited uses for the Walter Center to remove the prohibition on real estate offices. ALTERNATIVES 1. The commission may approve the project with modified findings and/or conditions. 2. Deny the request to allow Realtors offices, based on findings. 3. Continue the request for the amendment with specific directions to the applicant and staff. Attachments: 1. Vicinity map 2. Applicant request letter 3. Ordinance No. 1476 (2005 Series) including Exhibit A, Uses Allowed/Prohibited 4. Walter Brothers tenant list, current as of April 17, 2008. 5. Draft Planning Commission Resolution w/ Exhibit A modifying PD table of uses to include real estate offices as an allowed use. CD-PlanP9leveillelPDAmendPPDAmend4l-08(3196 S.Higuera)PC Report.doe Attachment 5 RESOLUTION NO. XXXX-08 A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION APPROVING A PLANNED DEVELOPMENT OVERLAY MODIFCATION FOR THE WALTER BROTHERS CENTER 3190—3280 SOUTH HIGUERA STREET (PD 41-08) 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 14, 2008, for the purpose of considering Application PD 41-08, a request to modify Ordinance No. 1476 to remove condition #4 prohibiting real estate offices, and modifying Exhibit A to remove the prohibition on real estate offices. 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 to remove the prohibition on real estate offices, 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 removing the prohibition on real estate offices in the Walter Brothers Center will be detrimental to the City's desire for concentrated government centers. 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). �2- -�3 Attachment 5 Resolution No. Page 2 of 2 Section 2. Recommendation. The Planning Commission does hereby recommend to the City Council approval of the following changes to Ordinance 1476 (2005 Series) which removes condition No. 4 prohibiting real estate offices and includes the following changes in attached EXHIBIT A: Offices (professional) — Professional offices consistent with the land use element are allowed. . On motion by seconded by and on the following roll call vote to wit: AYES: NOES: REFRAIN: ABSENT: The foregoing resolution was passed and adopted this day of , 2008. Doug Davidson, Secretary Planning Commission CD-Plan/bleveille/PDAmend/43-05 PC Reso.doc Attaci1mF It 6 WALTER.BROS. TENANT LIST-APRIL ITo 2008 CA Dept,Motor Vehicles 3190 7,619 CA Dept of Fish&Game 3196-A 4,205 CA Employmt Developmt Dept(EDO) 3196-B&C 2,815 Collaboration 3196-0 2,631 David Money Law Offices 3196-E 1,569 Gentiva Health Systems 3220-101 5,464 CA Dept.Rehabilitation 3220-102 4,470 Wachovia 3220.103A 2,800 CA State Dept.Housing 3220-103B 1,000 Custom Switching Tech Inc. 3220.103C 460 Radakovlch Shaw 3220.201 6,404 Aichouri 3220-205 1,495 Software Solutions Team 3220-208 807 3220.215 640 Marty Cosgro 3220-220 302 Morgan Gonsalves 3220.222 165 Precision Medical Billing 3220-225 800 Morgan Holland 3220.230 203 US Dept of Adjudication&Review 3220-231 1,012 3220-232 2,161 CA AX.Bev.Chi.(ABC) 3220-233 1,735 Cox Agency/Allstate 3220-300 1,699 Walter Bros.Const.Co. 3220-302 1,359 CA DGSIFleet Administration 3220-302A 154 Clayton E.Davis 3220-303 347 Pro Movers Network 3220:104 617 Children's Health Initiative 3220305 775 Adobe Systems 32204V6 1,013 Home Care Giver-ResCare 3220.307 708 CA Dept.Justice(Narc) 3220-308 3,145 AFLAC-Joe Willis 3220309 1,159 Richard Carsel 3220311 3,000 3220.315 602 M 8,A Graphics 3220316 634 Denny d'Autramoot 3220320 469 Judy Klearman Imrestmts. 3220-323 530 Michael Cummins 3220325 512 Air Resource Board 3220-M 387 3232-101A 1,318 LTC Ombudsman 3232-1018 1.415 Jan J.Ward 3232-101C 523 Barbara Guerena 3232.101D 500 CA Dept. Corrections 3232.102 3.950 CA Cal Trans Right of Way 3232.200 8,224 State Fund 3238 3,978 US SSA 3240-A 9,456 Padre Liquor 3250-A 5,125 Jason Pintel 3250.8 894 Marian HomeCare 3250-C 457 Padre Deli 3250.0 1,437 Total Rentable Square Footage 103,184 Leaked to Government 48,172 Pmeentage 46.7% Attachment 7 ORDINANCE NO. #### (2008 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 3190-3250 SOUTH HIGUERA STREET (PD 41-08) WHEREAS, the Planning.Commission conducted a public hearing on May 14, 2008, and recommended approval of the project; and WHEREAS, the City Council conducted a public hearing on June 17, 2008, 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 removing real estate offices from the list of prohibited uses in the Planned Development is consistent with the General Plan because the Land Use Map designation for the property is Office, which allows real estate offices under the Office-Business and Service land use category. 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 removing the prohibition on real estate offices in the Walter Brothers Center will be detrimental to the City's desire for 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. The request to remove real estate offices as a prohibited use from the Walter Brothers Center PD overlay is hereby approved, and is reflected in the following revised conditions: 1. Except as otherwise noted in these conditions of approval, all zoning regulations for the Office zone shall apply. Attachment 7 Ordinance No. (2008 Series) Page 2 of 2 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. Uses allowed and prohibited within this O-PD zone shall be as provided in Exhibit A attached. 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. INTRODUCED on the day of 2008, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the day of , 2008, on the following roll call vote: AYES: NOES: ABSENT: Mayor David F. Romero ATTEST: City Clerk Audrey Hooper APPROVED AS TO FORM: it ey Jonathan P. Lowell CD-PIan18leveille1PDAmend1PD 41-08 Ordinance.doc 27—, Exhibit "A" EXHIBIT A—PD 41-08 ALLOWEDIPROHIBITED 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 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 Detective and security services A 1 Exhibit "All Exhibit A of Ordinance No. (2008 Series) Application No. PD 41-08 Page 2 of 3 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. Realter-s are pr-ehibited. 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.) ' l Exhibit A of Ordinance No. (2008 Series) Application No. PD 41-08 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 .2- -36