HomeMy WebLinkAbout06/20/1989, 3 - PD 1414 REVISED APPLICANT PROPOSAL +vittt1INV AGENDA J
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990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403-8100
June 20, 1989
TO: City Council
VIA: John Dunn, CAO
FROM: Michael Multari, Community Development Director C
BY: David Moran, Associate Planner
SUBJECT: PD 1414 Revised Applicant Proposal
The attached report evaluates application PD 1414, a request to rezone the Foothill Plaza
shopping center from C-N to C-N-Planned Development for the purpose of allowing several
uses which are not ordinarily allowed in the C-N zone. As the report points out, this
application was considered by the Planning Commission on January 11, 1989 who voted 7-0
to deny the request.
This item was subsequently agendized for the City Council meeting of March 7 but the
applicant requested that the item be continued to allow time to explore alternative
rezoning scenarios. The applicant has now submitted a revised rezoning strategy for the
center which would allow greater flexibility in tenant occupancy similar to the request
which was denied by the Planning Commission. In addition, the applicant has submitted a
summary of various "Neighborhood Commercial" zones in other communities in the area for
comparison purposes.
The main differences between the original and revised proposals (listed as OPTION t on
the attached applicant's statement) are as follows :
1. The original application (denied by the PC) requested a maximum 45% of the leasable
floor area of the center (approx. 31,500 sq.ft.) to be occupied by uses not
ordinarily allowed in the C-N zone. The revised proposal would allow up to 35% and
would place a 6000 sq.ft. minimum floor area for any one tenant which is not a C-N
zone use.
2. Offices are now being proposed as an allowable use with a maximum floor area of 2000
sq.f t.
3. In addition to allowing certain uses from the Office, Central Commercial, Service
Commercial and Manufacturing zones as originally proposed (See Exhibit "B" in the
attached report), all other uses in the C-R zone are being requested, based on
proposed findings.
Staff views these revisions in the same light as the original request evaluated in more
detail in the attached report which is, namely, that C-R zone uses (and other non-C-N
zone uses) are not appropriate in the C-N zone.
Since this revision constitutes a substantial departure from the proposed rezoning
considered by the Planning Commission, if the Council wants to consider approving this
alternative it should be referred back to the Planning Commission for comment and action.
j—/
Page 2
At this time, the Council may:
1. Adopt the draft resolution attached to the original report (attachment A) to deny the
original proposal for the rezoning. (Staff and PC recommendation).
2. Adopt the draft ordinance (attachment B) to approve the original proposed rezoning.
3. Refer the proposed alternative rezoning scenario back to the Planning Commission for
comment and action.
4. Continue review.
NOTE: The Council may choose to take no action on the revised rezoning proposal.
Again, the staff recommendation for either of these rezoning proposals is for denial. If
you have any questions regarding this matter, please call Dave Moran at 549-7175.
Attachments
- Resolution
-Ordinance w/Exhibits A, B, and C
- RRM Correspondence
- A previous Council Agenda Report with attachments
I
Attachment "A"
RESOLUTION NO. (1989 Series)
ARESOLUTION OF THE CITY OF SAN LUIS OBISPO DENYING
AN AMENDMENT TO THE OFFICIAL ZONE MAP OF THE CITY TO REZONE
4.8 ACRES AT 773 FOOTHILL FROM C-N TO C-N-PD
WHEREAS, the Planning Commission and the City Council have held hearings to consider
the proposed amendment in accordance with the California Government Code; and
WHEREAS, the proposed amendment has been evaluated in accordance with the California
Environmental Quality Act and the city's Environmental Impact Guidelines; and
NOW, THEREFORE, the Council resolves as follows:
SECTION 1. Findings,
1. The proposed amendment is inconsistent with the neighborhood orientation of the
Neighborhood Commercial zone according to the general plan and zoning regulations.
SECTION 2. Environmental Determination. An environmental study has been prepared
and the Community Development Director has approved a negative declaration.
SECTION 3. Action, The request to amend the text of the zoning regulations to allow
retail sale of auto parts and accessories in the. 0-N zone is hereby denied.
On motion of seconded by
and on the following roll-call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this day of
Mayor
ATTEST:
�J City Clerk
Resolution No.
Page 2
APPROVED:
City dministrative Officer
Z.
City Att r
Community Development Director
�l
Attachment "B"
ORDINANCE NO. (1989 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING
THE OFFICIAL ZONE MAP OF THE CITY TO REZONE
APPROXIMATELY 4.8 ACRES AT 773 FOOTHILL BLVD.
FROM C-N TO C=N-PD
WHEREAS, the Planning Commission and the City Council have held hearings to consider
appropriate zoning on subject property in accordance with Section 65800 et. scq. of the
Government Code; and
WHEREAS, the City Council finds that the proposed zoning is consistent with the
general plan; and
WHEREAS, the City Council finds that the proposed uses to be allowed in this C-N
center as part of the Planning Development rezoning provides a greater range of services
and commodities than would be provided by conventional zoning.
WHEREAS, the rezoning has been evaluated in accordance with the California
Environmental Quality Act and the city's Environmental Impact Guidelines, and a negative
declaration has been granted by the city; and
WHEREAS, the proposed zoning promotes the public health, safety, and general welfare;
and
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That the area shown on the map attached hereto marked Exhibit "A" and
included herein by reference, be reclassified from C-N to C-N-PD.
SECTION 2. That the list of allowed uses for the site shall include those listed on
Exhibit "B" and included herein by reference, in addition to uses ordinarily allowed in
the C-N zone as lited in Section 17.22.010 of the Zoning Ordinance.
SECTION 3. After review and consideration, the determination of the Community
Development Director to approve a negative declaration is hereby upheld.
SECTION 4. This ordinance, together with the ayes and noes, shall be published once
�J in full, at least three (3) days prior to its final passage, in the Telegram-Tribune, a
Ordinance No. (1989 Series)
Page 2 _J
newspaper published and circulatedin said city, and the same shall go into effect at the
expiration of thirty (30) days after its said passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of Sand Luis Obispo, at it
meeting held on the day of .. 1989 on motion
of seconded by and on the following roll call
vote:
AYES: Councilmembers Settle, Rappa, Dovey, Griffin and Mayor Dunin
NOES: None
ABSENT: None
Mayor Ron Dunin
ATTEST:
City Clerk Pamela Voges
APPROVED:
City A ministrative Officer
City Attorn
Community Development Director
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Exhibit 613'
List Of Proposed Uses To Be Allowed By
Right For Up To 45% Of The Leasable Floor Area Of
Foothill Plaza, With Corresponding Use Permit
Requirements By Zone
USE O C-C C-R C-S M.
Advertising services A A/D A A D
Broadcast studio A A/D A A A
Catering service A A A
Computer service A A/D A A D
Delivery and private
postal service D A A A
Electronic games D D
Photofinishing. blue-
printing PC A A
Retail sales -- lumberyards
nurseries D A A A
Retail sales — appliances,
furniture, business supplies A A A
Retail sales -- auto parts
and accessories D A A PC
Retail sales -- specialties
(shoe stores, clothing, books,
records, toys, stationary,etc.) A A
Secretarial services A A/D A D
Ticket/travel agencies A A A PC D
A = Allowed By Right
D = Allowed With Director's Approval
A/D = Allowed On Upper Floors, Director's Approval For Ground Floor
PC = Planning Commission Approval Required
NOTE: None of the uses listed above are allowed in the C-N zone.
�X
Attachment C
List Of Proposed Uses To Be Allowed By
Right For Up To 45% Of The Leasable Floor Area Of
Foothill Plaza, With Corresponding Use Permit
Requirements By Zone
USE O C-C C-R C-S M
Advertising services A A/D A A D
Broadcast studio A A/D A A A
Catering service A A A
Computer service A A/D A A D
Delivery and private
postal service D A A A
Electronic games D D
Photofinishing, blue-
printing PC A A
Retail sales — lumberyards
. nurseries D A A A
Retail sales — appliances,
furniture, business supplies A A A
Retail sales — auto parts
and accessories D A A PC
Retail sales specialties
(shoe stores, clothing, books,
records, toys, stationary,etc.) A A
Secretarial services A A/D A D
Ticket/travel agencies A A A PC D
A - Allowed By Right
D - Allowed With Director's Approval
A/D = Allowed On Upper Floors, Director's Approval For Ground Floor
PC = Planning Commission Approval Required
NOTE: None of the uses listed above are allowed in the C-N zone.
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May 22, 1989
HAND DELIVERED
Mr. Mike Mul tari
Community Development Department
City of San Luis Obispo
P. 0. Box 8100
San Luis Obispo, CA 93403-8100
Re: Foothill Plaza Rezoning
Dear Mike:
In the wake of the Planning Commission's action and the last staff
report on our proposed rezoning of the Foothill Plaza Shopping Center
from "C-N" to "CN-PD" , we have taken another look at how this
rezoning might be approached. We have concluded that the basic
problem is with the City's "C-N" zone and its onerous restrictions on
allowed uses. The comments of the Planning Commissioners that they
want this complex to remain as "C-N" is fine, but only if one looks
at what is normally allowed in "C-N" zones in other communities.
We have put together two attached charts depicting how the City' s
Zoning Regulations and its allowed uses for the "C-N" category
compare with similar zones in nine other Central Coast communities.
We have found that the City of San Luis Obispo has the most
restrictive use and zoning regulations for its "C-N category than
any one of these nine other communities, some of which have a tougher
regulatory reputation than the City of San Luis Obispo, i .e. the City
of Santa Barbara.
As ,you no doubt know, the "C-N" zoning regulations have been the ones
that have been subject to the most challenge and most requested
changes and exceptions of all of the zoning categories in the City.
I would hope as a part of the City' s General Plan Update that the
City would take a serious look at these regulations and totally
overhaul them. The "C-N" zone is indeed the worst zone in this City.
However, until such time as the City can overhaul its "C-N" zone we
must proceed with some form of zoning strategy for Foothill Plaza
that will allow more flexibility in land uses at this particular
center. There are two ways to possibly approach a rezoning of the
center in a way that would assure that its "Neighborhood Commercial "
characteristics would remain dominant while providing for a wider
range of allowed uses that would serve this particular neighborhood.
Accordingly, we have put together the two optional approaches to a j
� t
Mr. Mike Multari
Page 2
May 22, 1989
rezoning of this center. One option would continue to pursue a
rezoning the center from "C-N" to "C-N-PD" with tougher conditions.
The other would be to rezone it from "C-N" to "C-R" or "C-R-PD" .
Please review these materials and give us your feelings on these
approaches to this particular property.
As both approaches would require some form of amendment to our
existing application, we would appreciate knowing as soon as possible
your views on which option you would prefer to pursue during hearings
we hope could resume in mid-June.
Sincerely,
RRM DESIGN GROUP
T. Keith Gurn e
Senior Vice resident
Planning Division
Attachments
cc: Mr. Paul Ready w/enclosures
A22/KG-FTHL
FOOTHILL PLAZA REZONING
OPTION 1 - REZONING FROM "C-N" TO "CN-PD":
DESCRIPTION:
This strategy would involve pursuing our existing application with
some changes to the proposals and conditions we outlined to you on
October 5, 1988. These changes would involve (a) reducing the
percentage allowable for other-than-"C-N" uses, (b) targeting more
specific uses that would be allowed in the center, and (c) tightening
up the findings required in order to allow these uses to locate
within the Foothill Plaza Center.
I . SIZE LIMITATIONS:
A. Rezoning of the Foothill Plaza Shopping Center from "C-N"
to "CN-PD" would allow up to 35% of the Plaza's leasable
space to be occupied by other-than-"C-N" commercial uses.
B. Gross floor area for any one tenant shall not exceed 6,000
sq. ft.
II . ALLOWABLE USES v
Allowable land uses under "CN-PD" zone in addition to the uses
allowed in the "C-N" zone the following additional uses would
allowed "CN-PD" zone consistent with the square footage
limitations and findings set forth herein:
- Advertising and related services (Graphic Design, Writing,
Mailing, Addressing, etc. )
- Photo finishing, wholesale, blueprinting, microfilming
- Retail sales, specialty: shoes, books, clothes,
stationary, etc.
- Retail Sales, auto parts and accessories, except tires and
batteries as a principal use
- Secretarial related services, court reporting,
stenography, typing, telephone answering, etc.
- Ticket travel agencies
- Book store
- Offices - provided they do not exceed 2,000 sq. ft. per
space of gross floor area
FOOTHILL PLAZA REZONING
Page 2
Any other uses allowed in the City' s "C-R" zoning category
subject to the findings and conditions outlined below.
III . REQUIRED FINDINGS
In order to approve any other-than-"C-N" use in the Foothill
Plaza Shopping Center, the following findings shall be made by
the City:
1. The proposed project will not be detrimental to the public
health, safety and welfare to persons living or working in
the area.
2. The proposed project will be compatible existing and
allowed land uses in the area.
3. The proposed project provides. uses suited to the
particular neighborhoods needs in the surrounding area
which are not otherwise available nearby under
conventional zoning.
4. The subject site is located in an area of the city where
the immediate surrounding population is of sufficient size
and density to substantiate the inclusion of land uses not
otherwise permitted in the "C-N" zone.
5. The proposed project will result in consumption of less
energy and generate less traffic and air pollution because
it will provide for needed services in close proximity to
a large high-density residential area and the uses would
otherwise be available only by tr.avelling .a greater
distance by automobile.
6. The proposed project will not result in the relocation of
uses out of the major "C-C" areas of the city,
particularly downtown.
7. The proposed project will not jeopardi.ze the existing
grocery store and drug store uses which shall continue to
remain the principal tenants of the center.
FOOTHILL PLAZA REZONING
Page 3
OPTION 2 - RE-ZONE PROPERTY FROM "C-N" TO "CR-PD"
DESCRIPTION:
This strategy would involve recognition that the center is located
across the street from an existing "C-R" Commercial-Retail zoned
center - University Square -- that has been siphoning away some of
the uses from the Foothill Plaza center. As such, the property would
be rezoned to "C-R" or "C-R-PD" with the proviso that the large
grocery store and drug store must remain the principal components
remain a principal component of the center.
I. SIZE/LAND USE MIX RESTRICTIONS
1. The Foothill Plaza Shopping Center shall maintain a large
grocery store and drug store as the principal tenants in
the complex.
2. Square footage limitations for individual tenants shall be
as set forth in the "C-R" regulations of the City Zoning
Ordinance.
3. All uses set forth in the "C-N" and the "C-R" districts
would be allowable uses in the "C-R" or "C-R-PD" zone
subject to the findings and conditions outlined below.
II. FINDINGS:
In order to locate any uses within the Foothill Plaza Shopping
Center, the following findings must be made administratively
before the uses would be allowed to locate within the center.
1. The proposed use will not be detrimental to the health,
safety and welfare of persons living and working in the
area.
2. The proposed project will not conflict with the continuing
function of the grocery store and drug store on the site.
3. The proposed project will be compatible with existing and
allowed land uses in the area.
4. The proposed project provides uses suited to meet the
needs of this particular neighborhood and surrounding area
which are not otherwise available nearby under
conventional zoning.
A22/KG-FTHL
.�_xew
CN ZONE COMPARISON
ALLOWABLE PISMO PASO ARROYO GROVER MORRO ATASCA- SANTA OXNAR SANTA
USES BEACH ROBLES GRANDE CITY BAY DERO MARIA BARBARi
BOOKSTORE 1
DEPARTMENT
STORE
OFFICE
PROFESSIONAL
OFFICE
SHOE SALES/ 2
REPAIR
RETAIL SALES 2
VARIETY STORE 2
CONDITIONAL.
-- USES
ArARTMENT
CATERING
SERVICE
NURSERIES
STUDIOS
(ART,PHOTO)
THEATRE
OFF SALE
LIQUOR
USES ALLOWED WITHOUT RESTRICTION IN NEIGHBORHOOD COMMERCIAL
ZONES BUT NOT PERMITTED IN SAN LUIS OBISPO CN ZONE
CONDITIONAL USES ALLOWED IN NEIGHBORHOOD COMMERCIAL
ZONES BUT NOT PERMITTED IN SAN LUIS OBISPO CN ZONE
r-.
1. San Luis Obispo allows use with restrictions on building square footage
2. San Luis Obispo allows use with building size of 15.000 sq.ft. or less
CN ZONE COMPARISON
CITY PISMO PASO ARROYO GROVER MORRO SANTA SANTA Ltj,S
JSE BEACH ROBLES GRANDE CITY BAY BARBARA MARIA OBISP(
3ROADCAST
%TUDIO
►DVERTISING
SERVICES _
:ATERING
SERVICE.
)ELIVERY &
'RIVATE POSTAL
SERVICE
ELECTRONIC
SAME
)HOTOFINISHING
3LUEPRINTING
2ETAIL SALES:
.UMBERYARD.
IURSERIES
SETAIL SALES:
►PPLIANCE.
'URNITURE.
>UPPLYSS `
tETAIL SALES(
AUTO PARTS &
=ESORIES
2ETAIL SALES:.
%PECIALITY-
SHOES.BOOKS.
:LOTHES.
1ECORDS.
;TATIONARY
'ECRETARIAL
%ERVICES 3
'ICKET/
GRAVEL
4GENCIES
ALLOWED BY ZONE
CUP REQUIRED
Pismo Beach and Paso Robles do not have Neighborhood Commercial (CN) )
zones thus. the C-1 zone was used for comparison purposes
i Zone allows offices
2 Zone allows offices and office services
a Zone allows businesses
i Gross floor area for one building cannot exceed 2.000 sq.ft. and cannot
occupy more than 25% of the total gross floor area within a shopping center �_ /�
MEETING DATE
city of San ru s OBISPO 3-7-89
COUNCIL AGENDA REPORT ITEM NUMBER.
FROM: Michael Multari, Community Development Director; By: Da id Moran, Assistant
Planner
SUBJECT
PD 1414, a request to rezone a 4.8 acre site bounded by Foothill Boulevard, Broad Street
and Ramona. Drive (Foothill Plaza) from C-N, neighborhood commercial to C-N-PD,
neighborhood commercial planned development.
CAO RECOMMENDATION
The Council should adopt the attached draft resolution (attachment A) to:
1. Concur with the negative declaration on environmental impact, and
2. Deny the rezoning based on the finding that the proposed rezoning is inconsistent
with the purpose and intent of the general plan as it relates to neighborhood
commercial land uses.
BACKGROUND
The applicant wants to rezone this shopping center site to add the PD overlay for the
purpose of allowing 45% of the leasable floor area (approximately 31,500 sq. ft.) to be
occupied by uses not ordinarily allowed in the C-N zone.
At its January 11, 1989 meeting, the Planning Commission voted 7-0 to deny the request.
The Commission concluded that the proposed rezoning would not be consistent with the
purpose and intent of the C-N zone and recommended that an evaluation of the appropriate
land use designation for this site be included as part of the Land Use Element update.
(see draft minutes, attached)
Alternatives
The Council may.
1. Adopt the draft resolution (attachment A) to deny the rezoning. (Staff and Planning
Commission recommendation).
2. Adopt the draft ordinance (attachment B) to approve the rezoning.
3. The Council may continue review.
Significant Impacts
The initial environmental study (attached) identified no significant adverse impacts
which would result from the proposed rezoning.
Conseauences Of Not Taking The Recommended Action
If the rezoning is approved, it would set a precedent which could encourage owners of C-N
zoned land to apply for PD rezonings to allow C-R type uses as tenants. The net result
would be further erosion of the purpose and intent of neighborhood commercial centers
which is to serve a localized residential area.
c �-
I� City O� san l"oo OBISPO
COUNCIL AGENDA REPORT
PD 1414
Page 2
Data Summary
Address: 773 Foothill Boulevard
Applicant: Ed Gingrich
Representative: RRM Design Group
Present Zoning: C-N
Present General Plan: Neighborhood commercial
Environmental Status: A negative declaration on environmental impact was granted by the
Director on December 14, 1988..
Site Descrintion
Fully improved shopping center with 70,000 square feet of leasable floor space on a
level, 4.8 acre site. Surrounding uses include a variety of neighborhood and retail
commercial uses as well as older residential neighborhoods. A large, vacant parcel zoned
R-4 is adjacent to the west.
Evaluation
1. General Plan/Zoning Considerations — Land use decisions in the C-N zone are
governed by the following:
Land Use Element Policies
' The city should support the concept of neighborhood convenience centers (2-5 I�
acres depending on neighborhood size) whose service area will require shorter
automotive trip distances and will encourage nonvehicular convenience shopping.
' The city should evaluate the need for and desirability of additions to existing
neighborhood commercial centers as specific development proposals are made. Uses
must be those which will serve nearby residents, not the community as a whole.
' Specialized retail stores, and recreational uses may be established within
neighborhood commercial areas so long as (1) individually, their size would not
constitute a major citywide attraction and (2) cumulatively, they would not
displace more general, convenience.uses.
Zoning Regulations
The zoning ordinance allows the retail sale and rental of `specialty' items in the
C-N zone subject to the following restrictions:
' The gross floor area of each establishment shall not exceed two thousand square
feet.
• The combined floor area of such establishments within a shopping center, or on a
parcel which is not in a shopping center, shall not exceed twenty five percent
of the total floor area.
NOTE `Specialties' includes such items as shoes, clothing, books, records,
video, toys, stationary, gifts, etc.
4! city�y Of San t..,l OBISPO
i COUNCIL AGENDA REPORT
PD 14.14
Page 3
The overall intent of the neighborhood commercial zone, then, is to provide for the
localized needs of residential neighborhoods. Furthermore, to approve a planned
development rezoning, the Council must make one or more specific findings (see
attached) that the project will provide public benefits which equal or exceed that
which would be gained through conventional zoning and design standards.
2. The Applicant's Request — The Foothill Plaza shopping center has been the
subject of many proposed zoning actions in recent years. The Council may recall
unsuccessful requests to rezone the site to C-R, retail commercial, and to allow the
retail sale of auto parts in the C-N zone. The common element to these prior requests
was a desire to gain greater flexibility for tenant occupancy, given that some of the
tenant spaces-are large and the fact that few of the uses allowed in the C-N zone
require large tenant spaces. In addition, the 2000 square foot size limit for
individual specialty retail uses further limited the possible tenants for one of the
larger spaces which was formerly occupied by a hardware store and remained vacant for
some time. (The tenant space in question has since been divided and partially
leased.)
The applicant has applied for the PD rezoning as a means of allowing by right (no use
permit requirements) up to 45% of the leasable floor area (approx. 31,500 sq. ft.) of
the center to be occupied by uses that are not normally allowed in the C-N zone. As
outlined above, the zoning ordinance currently allows up to 25% of the leasable space
to be occupied by "specialty retail" uses, such as shoe stores, books, clothing and
record stores.
Note from Attachment "C" that most of the uses proposed are allowed by right in the
C-R and/or C-S zones, and with the exception of retail sales of specialty items, none
of the uses are currently allowed in the C-N zone. The applicant's representative
contends (see letter, attached) that the expanded list of uses is justified because
Foothill Plaza is located within a large concentration of high density residential
zoning and that because of the proximity of this large population base, the size of
the center and the fact that there are few other C-N zoned parcels in this part of
the city, a diversity of uses which typically would have a community-wide service
area are appropriate because the "neighborhood" being served contains a uniquely
large number of people. Staff questions this reasoning since it ignores the
possibility that the proposed uses will serve the local neighborhood in addition to
customers throughout the city. Furthermore, as the Land Use element policies suggest,
the C-N zone is intended to serve localized needs so that longer vehicle trips are
reduced or avoided altogether.
As mentioned above, in order to approve the PD rezoning the Council must make one or
more findings that the project will provide public benefits which meet or exceed
those which would be obtained through conventional zoning. In this case, staff cannot
envision benefits accruing to the public from the added types of uses which could
occupy the center, especially when typical C-N zone uses would be displaced.
3. planning Commission Action — As mentioned above, the Planning Commission voted
7-0 to deny the rezoning based on the finding that it would be inconsistent with the
purpose and intent of the C-N zone. Several of the Commissioners felt that it was not
timely to be deciding changes to land use designations at a time when the Land Use
element is being revised and recommended that the land use designation for the site
be evaluated as part of the Land Use element update.
4/ 1
it city Of San l..iS 081Sp0
COUNCIL AGENDA REPORT
PD 1414
Page 4
ALTERNATIVES
The Council may:
1. Adopt the draft resolution (attachment A) to,deny the rezoning. (Staff and Planning
Commission recommendation).
Z. Adopt the draft ordinance (attachment B) to approve the rezoning.
3. The Council may continue review.
OTHER REVIEW
The Planning Commission voted 7-0 to deny the rezoning at its January 11, 1989 meeting.
The Public Works Department suggests that the parking lot be re-configured to function
better, particularly as it relates to on-site circulation and the number and location of
compact parking stalls.
RECOMMENDATION
Adopt the attached draft resolution (attachment A) to concur with the negative
declaration on environmental impact and deny the rezoning request based on the following
finding:
1. The proposed rezoning is inconsistent with the purpose and intent of the C-N zone in
that the proposed uses will have a citywide service area.
Attachments: Vicinity map
Attachment A (draft resolution to deny the rezoning)
Attachment B (draft ordinance to approve the rezoning)
Attachment C (the applicant's list of proposed uses)
Draft minutes from the Planning Commission's January 11, 1989 meeting
Required findings for PD rezoning
Applicant's statement
Initial study
Enclosed: Site plan
I _
l
17.62.030-17.62.05
the final development plan.(Ord. 941 § I (part). and council must find that the proposed develop-
1982: prior code § 9204.4(8)) ment satisfies at least three of the five criteria set
17.62.030 Actions of the council. out in subsection A of this section. The applicant
After giving notice as provided in Section shall provide a detailed statement indicating how
17.70.030. the council shall hold a public hear- the development satisfies the appropriate criteria
set out in subsection A of this section. The max-
ing on the application and the recommends- imam density bonus is not automatic. In deter-
tions of the planning commission. The council
may approve,approve subject to certain modifi- mining the allowable bonus, the commission.
cations_ or deny the proposal. The decision of and council shall assess the extent to which these
the council shall be rendered in writing, stating
criteria are met
all modifications or conditions to be reflected in C. To approve a planned development allow-
the final development plan. If it approves or tng large professional office buildings which can
conditionally approves the preliminary devel- include multiple tenantsbut with no single ten-
ant space less than two thousand five hundred
opment plan, the council shall approve the
rezoning and the official zone map shall be square feet in the CS or M zone, the planning
commission or council must
amended to indicate approval of the planned find that it meets
development.. (Ord_ 941 § l (pan). 1982: prior each of the criteria listed below. The following
office-related uses are prohibited in the Pb in
code§ 9204.4(C)) these zones: Banks. real estate offices, financial
f� 17.62.040 Required findings. institutions, medical clinics and doctors' offices
A. To approve a planned development, the and lawyers' offices.
planning commission and council must find that 1. The project will be compatible with existing
it meets one or more of the following criteria:
and allowed land uses in the area.
1. It provides facilities or amenities suited to a 2• The project's location or access arrange-
particular occupancy group (such as the elderly ment do not significantly direct traffic to use
or families with children) which would not be local or collector streets in residential areas.
feasible under conventional zoning; 3. The project will provide adequate mitiga-
2. It transfers allowable development, within tion to address potential impacts related to noise,
a site from areas of greater environmental sen- light and glare and loss of privacy,among others,
imposed by commercial activities on nearby resi-
sitivity or hazard to areas of less sensitivity or dential areas, by using methods such as setbacks.
hazard' landscaping, berming and fencing.
3. It provides more affordable housing than 4. The project does not preclude industrial or
would be possible with conventional develop-
servicecommercial uses in areas especially suited
ment: for such useswhen compared with offices.
4. Features of the particular design achieve 5_ The project does not create a shortage of CS
the intent of conventional standards (privacy, and M zoned land available for service commer-
usable open space. adequate parking, com- cial or industrial development.(Ord. 1087§ 1 Ex.
patibility with neighborhood character, and so A(2}, 1987;Ord 94l t {part), 1982: prior code 3
on) as well as or better than the standards them- 9204.4(8))
selves;
5. It incorporates features which result in con- 17.62.050 Requirement for development plan.
sumption of less materials.energy or water than No land division may be undertaken and no
conventional development construction begun within an area zoned PD
B. In order to grant a "density bonus" (as until a final development plan has been
explained in Section 17.50.030).the commission
484-1 1San Luis Obispo 7-8 7)
October 5, 1988
Mr. Mike Multari , Director
Community Development Department
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Re: Foothill Plaza Rezoning
Dear Mr. Multari :
On beha.lf of our client, Channel Properties, we are submitting for
your review and approval an application for rezoning of the Foothill
Plaza, located on the southwest corner of Foothill Boulevard and
Broad Street, from C-N to C4-PD.
The purpose of this PD zone request is to expand the list of allow-
able uses that may be located in this particular commercial center.
The following o
g paragraphs will describe why we feel a broadening of
uses at the Foothill Plaza is warranted.
San Luis Obispo contains seven areas zoned C-N. The C-N zone is
defined as a zone ". . . intended to provide retail sales and personal
services primarily for the convenience of surrounding residential
areas." These C-N zoned areas serve primarily low and medium-density
residential neighborhoods, with the exception of the .Foothill Plaza
and Laurel Lane shopping centers. The Laurel Lane Center serves a
relatively small high and medium-density residential area.
The Foothill Plaza Center, on the other hand; is located within the
largest high-density residential enclave in the city.. Furthermore,
it is the only C=N zone center of considerable size north of Highway
101 serving the 2,800 on-campus residents at Cal Poly and the.
thousands of staff members and off-campus students who utilize this
center. In view of the fact that this is the largest C-N shopping
plaza serving the entire densely-populated north end of the city, we
feel that slightly broadening the commercial uses allowed in the
plaza would permit it to more successfully "provide retail sales and
personal services primarily for the convenience of surrounding
residential areas". Due to the population that is concentrated in
the vicinity of the Foothill Plaza Center, uses that would typically
have a community wide service area, in effect become "neighborhood
serving" uses.
Mr. Mike Multari
October 5, 1988
Page 2
REZONING PROPOSAL
We propose rezoning of the Foothill Plaza Shopping Center from C-N to
C-N-PD to allow up to 45% of the plaza' s leasable space to be
occupied by uses not otherwise permitted in the C-N Zone.
The following uses are proposed to be allowed in the C-N PD zone:
Advertising and related services
(Graphic design, writing, mailing, addressing, etc. )
Broadcast Studios
Catering services
Computer Services
Delivery and private postal services
Electronic game amusement center
Photo finishing - wholesale; blueprinting, microfilming
Retail sales - building and landscape materials
(lumberyards, nurseries, floor and wall coverings,
paint, glass stores, etc. ) ,
Retail sales - appliances, furniture and furnishings, musical
instruments; data processing equipment, business, office and
medical equipment stores; catalog stores; sporting goods.,
outdoor supply
Retail sales - auto parts and accessories except tires and
batteries as principal use
Retail sales and rental - specialties (shoe stores, clothing
stores, book/record/videotape stores, toy stores, stationery
stores, gift shops)
Secretarial and related services (court reporting, stenography,
typing, telephone answering, etc. )
Ticket/travel agencies
To approve this Planned Development Zone Overlay for the Foothill
Plaza Center, we propose the following findings be made:
Findings
1. The proposed project will not be detrimental to the health,
safety and welfare of persons living or working in the area.
2. The proposed project will be compatible with existing and
allowed land uses in the area.
3. The proposed project provides uses suited to the particular
neighborhood's needs in the surrounding area, which are not
otherwise available nearby under conventional zoning.
Mr. Mike Multari
October 5, 1988
Page 3
4. The subject site is located in an area of the city where the
immediate surrounding population is of a sufficient size and
density to substantiate the inclusion of land uses not
otherwise permitted in the C-N zone.
5. The proposed project will result in consumption of less
energy (gasoline) and generate less traffic and air
pollution because it will provide for needed services in
close proximity to a large, high density residential area.
These uses would otherwise be available only by traveling a
greater distance by automobile.
6. The proposed project will not result in the proliferation of
uses out of the major CR and CC zoned areas of the city
(particularly downtown) .
The expansion of allowable uses is justifiable due to the uniqueness
of the surrounding neighborhood's densities and population
characteristics (i .e. high student population). The findings above
substantiate. this request and can be made on the basis of the size of
the neighborhood service area for the center.
Please find enclosed the necessary applications, site plan, and
application fee for the requested re-zoning. Contact me as soon as
you have had an opportunity to review the enclosed materials.
Sincerely,
Ylanning
SIGN GROUP
l
. Wilbanks, AICP
resident
Division
cc: Mr. Ed Gingrich
Channel Properties
A14/JW-FTHLL
i
City Of Sail luis OBISpo
I�������i►IlillillllG' IINiI I N ITIAL STUDY OF ENVIRONMENTAL IMPACT
SITE LOCATION APPLICATION NO.
PROJECT DESCRIPTIO
C� 4k llcL
a ,
APPLICANT
STA RECOMMENDAnlOtt
NEGATIVE DECLARATION MITIGATION INCLUDED
EXPANDED IWTIAL STUDY REQUIRED ENVIRONMENTAL IMPACT REPORT REQUIRED
PREPARED BY ��� DATE
COMMUNITY DEVELOPMENT DIRECTOR'S ACTION: DATF. 12/ 4/88
Negative Declaration
SUMMARY OF INITIAL STUDY FINDINGS
L DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING
IL POTENTIAL IMPACT REVIEW POSSIBLE ADVERSE EFFECTS
A. COMMUNITY PLANS AND GOALS ......._..............................................B. POPULATION DISTRIBUTION AND GROWTH............................................
C. LAND USE ........................................................................
0. TRANSPORTATION AND CIRCULATION ................................................
E. PUBLICSERVICES .....................................................
............
F. UTILITIES.................................._......_.....................
G. NOISE LEVELS .....................,..............._...............................
H. GEOLOGIC d SEISMIC HAZARDS 3 TOPOGRAPHIC MODIFICATIONS ..................... ( �
1. AIR QUALITY AND WIND CONDITIONS........................................
J. SURFACE WATER FLOW AND QUALITY ..............................................
KPLANT LIFE............................................................................
L. ANIMAL LIFE......................................................................
M. ARCHAEOLOGICAUHISTORICAL ......................... ............... .... .......
N. AESTHETIC ........................................ ... ....... .. . ....... ... .......
O. ENERGY/RESOURCE USE ....................................... ......... ..........
P. OTHER .............................................. ..... ... .......................
Ill.STAFF RECOMMENDATION
*SEE ATTACHED REPORT seas
j1.00)—
I. DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING
The applicant proposes changes to the zoning regulations governing use of an existing
shopping center with approximately 70,000 square feet of leasable area in a C-N zone.
Over 60,000 square feet are currently occupied by a variety of retail, restaurant,
personal service and bank uses.
The changes would allow various additional uses normally allowed in the C-R zone, and
would increase the floor area which could be devoted to specialty retail sales.
The center is surrounded by various neighborhood commercial uses and residential uses,
with a large vacant parcel zoned for R-4 use adjacent to the west.
II. POTENTIAL IMPACT REVIEW
A. Community Plans.and Goals
The Land Use Element of the general plan states the following policy:
Specialized retail stores, and recreational uses may be established within
l neighborhood commercial areas so long as (1) individually, their size would not
constitute a major citywide attraction and (2) cumulatively, they would not displace
more general, convenience uses.
This policy is reflected in the Zoning Regulations in a limitation on the maximum size of
specialty retail tenants in the C-N zone, and a limitation of the maximum percentage
(25%) of a C-N ccnter which .may be occupied by such uses.
As indicated in the application, the limit for this center is proposed to to be 45%, and.
various uses in addition to specialty retail are to be allowed. Currently, approximately
4% of the center's floor area is devoted to this type of use, so the ultimate potential
for additional "C-R" type uses would be about 25,000 square feet.
It seems likely that adequate neighborhood commercial services would remain available in
the vicinity in this center and the three other C-N and C-R centers nearby.
Significance: It is unlikely that the rezoning of this ccnter would result in
significant disruption of existing shopping patterns in the city since the downtown
C-R/C-C arca has over 800,000 square feet of retail floor space. The cumulative effects
or similar rczonings might be significant.
Mitigation: If the project is approved, the Land Use Element policies governing similar
projects should be clarified.
D. Transportation and Circulation
Existing uses in the center generate traffic at different rates. Note that restaurants -
which are not subject to floor area limitations under existing regulations - generate a
much higher level of traffic than does specialty retail.. The City Engineer does not
expect the range of generation rates or the overall amount of traffic generated to change
significantly, although the length of trips generated may increase as trips within the
neighborhood decrease and trips from across town increase. The existing circulation
system is adequate to handle such an incremental change, in the Engineer's judgement.
Significance: No significant impact is expected to occur.
III. STAFF RECOMMENDATION
The project will not result in significant adverse impacts, and a negative declaration
should be approved. If this project is approved, however, the Land Use Element should be
amended to prevent adverse cumulative impacts from future similar projects.
�P