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HomeMy WebLinkAbout12/12/1989, 3 - AMENDMENT TO THE ZONING REGULATIONS TO ALLOW POST OFFICE AND POSTAL SERVICES IN THE C-N (NEIGHBORHO �' ► p.111 city of sart Luis ogispoMEETra DATE COUNCIL AGENDA REPORT n'E ""` FROM: Randy Rossi, Interim Community Development Director; By: Gary Pri Associate Planner. SUBJECT. Amendment to the Zoning Regulations to allow post office and postal services in the C-N (Neighborhood-Commercial) zone. CAO RECOMMENDATION: Introduce the attached ordinance to print approving a negative declaration on environmental impact and amending the Zoning Regulations to allow post offices and public and private postal services under 2,000 square feet gross floor area subject to an administrative use permit in the C-N zone. BACKGROUND: The applicant, who manages the Foothill Plaza Shopping Center, on the southwest corner of Foothill Blvd. and Broad Street, intends on legally establishing postal uses at the shopping center located in the C-N (Commercial Neighborhood) zone. The applicant is requesting that post office uses be an allowed use in the C-N zone (refer to the applicant's statement, purpose and application and revised zoning chart attached). The - proposed zoning text amendment would apply to all C-N zoned land in the city. At its November 8, 1989 meeting, the Planning Commission unanimously recommended approval of an amendment allowing post offices and public and private postal services under 2,000 gross square-feet in floor areas in the C-N (Neighborhood-Commercial) zone subject to approval of an administrative use permit (refer to the attached draft minutes). In the same action, to avoid confusion interpreting the zoning regulations, the commission recommended that the postal and delivery services be redefined to simply read delivery services (refer to the attached zoning charts). Significant Impacts The initial environmental study (attached) identified no significant adverse environmental impact which would result from the proposed rezoning. Consequences of Not Taking the Recommended Action If the proposed rezoning is not approved, postal offices and services would continue not to be allowed in the C-N (Neighborhood Commercial) zone. The result would be not to permit postal service uses in the C-N Zone such as those in the Laguna Village and Foothill Plaza shopping centers. If the rezoning is approved, these businesses, and other postal related uses, could be allowed throughout C-N zoned land in the city. = crty of say. _ass OBispo Oft COUNCIL AGENDA REPORT Page 2 Data Su-mm= Address: City-Wide Applicant: Pat Richmond Representative: Jeffrey C. Radding, Attorney Environmental Status: The Director granted a negative declaration on environmental impact on October 25, 1989. Evaluation 1. Zoning Consistency: The Zoning Regulations allow post office uses in the C-C (Central Commercial), C-R (Commercial Retail) and C-S (Commercial Service) zoning districts. Post office uses are also allowed in the P-F (Public Facilities) zone, subject to approval of a Planning Commission Use Permit. Planning staff has defined post office uses to include sales and facilities primarily devoted to postal services. The use category includes a range of uses from small postal kiosks and private postal service businesses, such as those previously located at the Foothill Shopping Center to larger local or regional post offices. Private bulk delivery services, such as Federal Express and UPS, are listed separately in the zoning regulations as 'Delivery and private postal services". Staff agrees with the applicant that postal services provide personal services for the convenience of surrounding residential areas, consistent with the purpose and application of the C-N zone (Refer to the attached C-N zoning text excerpt). Staff feels that allowing post office uses in the C-N zone will give more flexibility to locate postal facilities throughout the city, particularly in those areas close to residential districts. This flexibility encourages highly demanded convenience facilities at locations, such as neighborhood shopping centers, thereby reducing vehicle trips and air pollution. However, due to the range in size and character of post offices, some facilities may not be compatible or serve the needs of the local neighborhood. For example, a central public post office may not be appropriate in an area which has limited circulation and where it would impact a nearby residential area. But, a small postal kiosk or private postal service, in the same neighborhood could be compatible with surrounding uses and serve local needs. The location and operation of post office uses in a C-N zone should, in staffs opinion, require some consideration of impacts on a nearby sensitive residential area. Therefore staff is recommending that post office uses in C-N zones be subject to approval of an administrative use permit. The administrative use permit process will give the Director flexibility for regulating or preventing uses so they will be compatible with existing or desired conditions in the neighborhood. MY of Sal _aIS OBISpo C®UNCIL AGENDA REPORT 2. Planning Commission Consideration: Several Planning Commissioners felt that there should be a limitation placed on the size of postal facilities due to the proximity of C-N zoned land to residential neighborhoods (refer to the attached minutes). The Commission suggested that postal offices and services be restricted to no more than 2,000 square-feet of gross floor area in the C-N zone. Those over 2,000 square-feet simply would not be allowed in the C-N zone. Traffic impacts on residential areas was cited as the biggest reason for restricting size. 3. Text Revision: There is confusion as to what constitutes a postal service. The Zoning Regulations have a separate category for delivery and private postal services which, in some cases, could restrict a-private postal office or service which provides the same service and has the same characteristics as a public postal office or service. Mail Boxes Ets USA, at the Foothill Shopping Center is an example and in staffs judgement should be included in the category for postal offices or services. Larger bulk delivery services, such as Federal Express and UPS, in staffs opinion, should be restricted to heavier commercial locations. To eliminate this confusion staff suggests that the defined uses in the zoning chart be amended as follows: Current Use Definition Proposed Use DefWtion Delivery and private postal services Delivery services Post offices Post offices and public and private postal services Staff does not feel it necessary to make all the text changes suggested by the applicant including revision to Section 17.38.010, Purpose and Application, of the Zoning Regulations. Staff suggests that the zoning chart simply be revised to add a. Director's use permit approval to the category of post offices and public and private postal services in the C-N zone (refer to the attached staff recommended zoning chart revision). Alternatives The Council may: 1. Pass to print the attached ordinance approving the zoning text amendments. This is the Planning Commission recommendation. 2. Adopt the draft resolution (attachment B) denying the zoning text amendment. I a ,► B city of Sar. aIS OBISpo COUNCIL AGENDA REPORT Page 4 3. Pass to print an ordinance that is a variation of the amendment which could include the applicant's proposal to allow postal uses in the C-N zone with no limitation as to size or the staffs original recommendation to approve postal uses in the C-N zone, subject to an administrative use permit with no size limitation. 4. Continue the amendment request and provide direction. RECOMMENDATION The Planning Commission and staff recommends that the Council introduce the attached ordinance to print approving a negative declaration on environmental impact and amend the Zoning Regulations to allow post offices and public and private postal services under 2,000 square feet gross floor area subject to an administrative use permit in the C-N- zone. Attachments: Ordinance introducing the amended Zoning Regulations Draft Resolution No. 2 denying the requested amendment to the Zoning . Regulations *Draft Minutes of the November 8, 1989 Planning Commission Meeting Applicant's statement of purpose and revised zoning regulations excerpts Chapter 1738 of the zoning ordinance - C-N zone Initial Study gp-post.wpf *Not available at agenda close. I 3 -�f ORDINANCE NO. (1989 SERIES) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING SECTION 17.22.010 OF THE ZONING REGULATIONS TO ALLOW POSTAL OFFICES AND SERVICES IN THE C-N (NEIGHBORHOOD-COMMEACIAL) ZONE WHEREAS, the Planning Commission and City Council have held hearings to consider an amendment to the zoning regulations allowing postal offices and services in the C-N (Neighborhood-Commercial) zone as illustrated in Exhibit "A" in accordance with Section 65800 et.seq. of the Government Code; and WHEREAS, the City Council finds that the proposed zoning text amendment is consistent with the general plan; and WHEREAS, the rezoning has been evaluated in accordance with the California Environmental Quality Act and the city's Environmental Impact Procedures and 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 text amendment to Section 1722010 of the San. Luis Obispo Municipal Code (Zoning Regulations) attached hereto marked "Exhibit A" and included herein by reference, be approved. SECTION 2. After City Council review and consideration, the determination of the Community Development Director to approve a negative declaration is hereby confirmed. SECTION 3. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published once at least five (5) 3'J Ordinance No. (1989 Series) R1460 Page 2 days prior to its final passage, in the Telegram-Tribune, a newspaper published and circulated in said city, and the same shall go into effect at the expiration of thirty (30) days after its said passage. A copy of the full text of this ordinance shall be on file in the office of the City Clerk on and after the date following introduction and passage to print and shall be available to any interested member of the public. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at its meeting held on the day of on motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: Mayor ATTEST: City Clerk APPROVED- ';C ty tra ve Officer A Community Development Director J�� PLANNING _,rOMMISSION RECOM...ENDATION Table 9-Uses Allowed by Zane R-1 R-2_ R-3 R-4 GOS Ott PF C-N C-C. C- R C-T C-S M Photofinishing-wholesale;and blue- printing and microfilming service PC A A Photographic studios A A A PC D Police and fire stations and training facilities PC Pool halls,billiard parlors,etc. PG D D D Post offices and public and private j postal services -under 2,000 square feet gross floor area per establishment PC A A A -2,000 square feet or more gross floor area per establishment PC A A A Printing and publishing D D A A Produce stand(incidental sales of items produced on the premises D Public assembly facilities(community meeting rooms,auditoriums,convention/ exhibition halls) PC D D D PC Railroad yards,stations,crew facilities D A Refuse hauling,septic tank and portable toilet services A Repair services-household appliances, locksmiths,saw sharpening,shoe repair D A A A A Residential care facilities-6 or fewer residents A A. A A A A A/D A/D A/D D Residential care facilities-more than 6 residents PC PC D PC PC D Restaurants,sandwich shops,takeout food,etc. A A A A D Retail sales-building and landscape mat- erials(lumberyards,nurseries,floor and wall coverings,paint,glass stores,etc.) D ATA A Retail sales-appliances,furniture and furnishings,musical instruments;data processing equipment,business,office A-Allowed D-Diiector'sapprovalrequired PC-Planning commission approval required p/D-Director'sapproval onground floor,,allowed above The director shall determine if a proposed,unlisted use is similar to a listed use.Numbered notes are at end of chart, 46 -113 Cr A 3-r Table 9- Uses Allowed by Zone R-1. 11-2 R-3 R-4 GOS O" PF IC-N C C-R C-T C-S hi Building and landscape maintenance services A/D A A A Bus stations PC D A Cabinet and carpentry shops D A Caretakers'quarters A A A A I A A D D D D A D D Carwash-mechanical PC° D D Carwash-self-service D D PC" A A Catering services A A A Cemeteries,mausoleums,columbariums PC PC PC PC PC PC PC PC PC PC PC PC PC Christmas tree sales.(see Section 17.08.010D) D D D D D D D D D Churches,synagogues,temples,etc PC D D I D A D D D A Du Circus,carnival,fair,festival,parades. (see Section 17.08.010E) D D D D D D D D D Computer services A A/D A A D r" �l �- Concurrent sales of alcoholic beverages and motor fuel(see Section 17.08.100) D D D D Construction activities(see Section 17.08.010G) A A A A A A A A A A A A A Contractor's yards A A Convalescent hospitals PC PC D PC PC D ------------ Convents and monasteries. PC A A D Credit reporting and collection A A/D A A Credit unions and finance companies A A A Delivery serve Pces D A A A Detective and security services A A/D I A A D Drive-in theaters PC PC Dwellings A' A A A A Ar A/D A/D A/D D A-Allowed D-Directoesapproval required PC-Planningeommissionsppcovalrequired AID-Director's approval on ground floor allowedabove The dinxtor shall determine if a proposed,unlisted use is similar to a listed use Numbered notea are at end of Mart. 43 RESOLUTION NO. (1989 SERIES) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO DENYING AN AMENDMENT TO SECTION 17.22.010 OF THE ZONING REGULATIONS TO ALLOW POSTAL OFFICES AND SERVICES IN THE C-N (NEIGHBORHOOD-COMMERCIAL) ZONE WHEREAS, the Planning Commission and City. Council have held hearings to consider an amendment to the zoning regulations allowing postal offices and services in the C-N (Neighborhood-Commercial) zone as illustrated in Exhibit "A" in accordance with Section 65800 et.seq. of the Government Code; and WHEREAS, the City Council finds that the proposed zoning text amendment is inconsistent with the general plan; and WHEREAS, the proposed zoning will not promote the public health, safety and general welfare; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of i San Luis Obispo that the text amendment to Section 17.22.010 of the San Luis Obispo Municipal Code (Zoning Regulations) be 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 1989. ATTEST: Mayor �i City Clerk Resolution No. (1989 Series) O R1460 Page 2 APPROVED: City A ministra a Officer 6ttoey Community Development Director C i STATEMENT OF PURPOSE The proposed text amendment supplements the purposes of the general plan in that postal services , despite possessing their own zoning category, are not inconsistent with commercial-neighborhood zoning regulations as articulated. They are not , however, specifically included. Furthermore, establishment of postal facilities in various C-N zoning locales around the city promotes the concept of neighborhood services and promotes the policy of discouraging crosstown traffic. This especially holds true for applicant ' s location , where city staff has identified a need, based upon the above considerations , for postal services . 11.38.010 PURPOSE AND APPLICATION The C-N zone is intended to provide retail. sales , postal services, and personal services primarily for the convenience of surrounding residential areas . Neighborhood commercial uses should provide serveral types of merchandise , as opposed to a business offering a wide selection' of a single. type of merchandise . This zone will be applied to areas designated neighborhood commercial" on the general plan map O G C Chapter 17.38 NEIGHBORHOOD-COMMERCIAL(C-N)ZONE Sections: 17.38.010 Purpose and application. 1738.020 Property development standards. 1738.010 Purpose and application. The C-N zone is intended to provide retail sales and personal services primarily for the convenience of sur= rounding residential areas. Neighborhood commercial uses should provide several types of merchandise, as Opposed to a business offering a wide selection of a single type of merchandise. This zone will be applied to areas designated "neighborhood-commercial" on the Cgeneral plan map. (Ord.941-i(part),1982 prior code -9203.8(A)) 17.38.020 Property development standards. The property development standards for the C-N zone are as follows: A. Maximum density: Twelve units per net acre (see Section 17.16.010). B.Yards: See Section 17.16.020. C.Maximum height: Thirty-five feet(see also Sections 17.16.020 and 17.16.040). D. Maximum coverage: Seventy-five percent(see also Section 17.16.030): E Parking requirements: See Section 17.16.060.(Ord. 941- 1(part), 1982: prior code-9203.8(13)) C city of san tuws oBispo INITIAL STUDY OF ENVIRBoca ONMENTAL IMPACT D SITE LOCATION r i ty-!d i He146 APPLICATION NO. R-E -E� PROJECT DESCRIPTION Amond Cit.v of San. Inia Ohicno Zoning Ord inan to allow oo tal Seryi es anti eiipplV iicoa in the r N ( CammerrisI NaiVhhnrhnod) zonino district. APPLICANT Pat Richmond STAFF RECOMMENDATION: X NEGATIVE DECLARATION MITIGATION INCLUDED EXPANDED INITIAL STUDY RE5ylRED ENVIRONMENTAL IMPACT REPORT REQUIRED PREPARED BY Gary VI. Pr i¢ Associate Planner DATE October 24, 1934 COMMUNITY DEVELOPMENT DIRECTOR'S ACTION: DATE )'JC ��tvt DGL . SUMMARY OF - INITIAL STUDY FINDINGS I.DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING II.POTENTIAL IMPACT REVIEW POSSIBLE ADVERSE EFFECTS. A. COMMUNITY PLANS AND GOALS ...................................................... NONE S. POPULATION DISTRIBUTION AND GROWTH........................................... NONE C. LAND USE ................._....................................................................,,.... NONE D. TRANSPORTATION AND CIRCULATION ................................................. NONE E. PUBLICSERVICES ......................_...................... ..... NONE F. UTILITIES......................................................_.............. ,.,, NONE G. NOISE LEVELS .._........................................................,............. NONE H. GEOLOGIC&SEISMIC HAZARDS&TOPOGRAPHIC MODIFICATIONS ......................NNE 1. AIR QUAUTY AND WIND CONDITIONS................................................. •,IONE J. SURFACE WATER FLOW AND QUALITY ............................................... NONE K PLANT LIFE........................................................................ mntiF LANIMAL LIFE................................._...................................... nipn E M. ARCHAEOLOGICAUHISTORICAL ................................................. ......� riE N. AESTHETIC ......_........................._............._........................ r.nnlF O. ENERGY/RESOURCEUSE ............................................................. !(1JG P. OTHER .........................................................................._ JAN€ III.STAFF RECOMMENDATION ^Jeaative Declaration (no significant environmental imoacts anticipated) *SEE ATTACHED REPORT seas Planning Commission Draft Minutes MEETING AGENDA Nov. 8, 1989 DATE ITEM # - 1. Public Hearin: Rezoning R 1460. Consideration of amending the Zoning Regulations, Section 17.22.010, Uses Allowed by Zones, to allow postal offices and services in the C-N zone; Pat Richmond, applicant. Gary Price, Associate Planner, presented the staff report and recommended the commission recommend that the City Council approve an amendment to allow postal offices and services in the C-N zone subject to administrative use permit approval and to redefine "postal uses." Commr. Kourakis suggested that in staff-recommended Alternative 2, there be a square foot maximum of 2000 feet. She also noted that she spoke with the applicant and representatives from Pac Mail and Mail Boxes, Inc. Chairperson Duerk opened the public hearing. Patrick Richmond, 1672 E1 Cerrito Court, applicant, requested approval of the use allowance. He discussed the use and operation and state that his existing space was 1100 square feet. Chairperson Duerk closed the public hearing. Commr. Schmidt was concerned with the 2000 square foot maximum and the consequent traffic increase. He felt the use should be periodically reviewed. Commr. Crotser moved to recommend to the City Council approval of the zoning amendment to allow postal offices and services without a maximum square foot limitation subject to staff recommended modifications to the zoning ordinance. Commr. Karleakint seconded the motion. Commrs. Kourakis and Schmidt stated they could not support the motion, but could support Alternative 1, requiring administrative use permit review. AYES: Commr. Crotser NOES: Commrs. Hoffman, Karleakint, Kourakis, Roalman, Schmidt, Duerk ABSENT: None The motion fails. Commr. Roalman moved to recommend to the City Council approval of the zoning amendment to allow post offices and public and private postal services under 2,000 square feet gross floor area subject to an administrative use permit in the C-N zone, with the redefining of postal and delivery services to simply read delivery services. Commr. Hoffman seconded the motion. ; Ds:a_s a ta.i bq �Poro;,1 RECEIVED VCouncii f DEC 1 1 1989 [;?Verk-ori9. CITY CLERK Ca' moss/ 58►N IL"OBISM CA rf r•T. [Y FBF i AYES: Commrs. Roalman, Hoffman, Crotse=, Karleakint, Kourakis, Schmidt, Duerk NOES: None ABSENT: None The motion passes. C�