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HomeMy WebLinkAbout1433Ordinance No. 1433 (2003 Series) - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE ZONING MAP FROM SERVICE COMMERCIAL WITH THE SPECIFIC PLAN OVERLAY ZONING (C -S -SP) TO SERVICE COMMERCIAL WITH THE SPECIFIC PLAN AND PLANNED DEVELOPMENT OVERLAY ZONINGS (C- S- SP -PD), FOR PROPERTY LOCATED AT 735 TANK FARM ROAD (PD/ER 182 -02). WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing on February 12, 2003, and recommended approval of the rezoning (PD/ER 182 -02) to change the designation on the City's zoning map from Service Commercial with the Specific Plan overlay zoning (C -S -SP) to Service Commercial with the Specific Plan and Planned Development overlay zonings (C- S- SP -PD), for property located at 735 Tank Farm Road; and WHEREAS, the City Council conducted a public hearing on April 1, 2003, and has considered testimony of interested parties, the records of the Planning Commission hearing and action, and the evaluation and recommendation of staff; and WHEREAS, the City Council finds that the proposed rezoning is consistent with the General Plan and other applicable City ordinances; and WHEREAS, the City Council has considered the draft Negative Declaration of environmental impact as prepared by staff and reviewed by the Planning Commission; and BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination. The City Council finds and determines that the project's Negative Declaration adequately addresses the potential significant environmental impacts of the proposed rezoning, and reflects the independent judgment of the City Council. The Council hereby adopts said Negative Declaration. SECTION 2. Findings. Based upon all the evidence, the Council makes the following findings in support of Planned Development zoning for the site: 1. The project will be compatible with existing and allowed land uses in the area because PD zoning surrounds the project site and the approved list of uses is consistent with the Airport Land Use Plan and General Plan. 2. The project's location or access arrangements do not significantly direct traffic to use local or collector streets in residential zones because the project is generally located on the corner of Broad Street and Tank Farm Road in a developing commercial and industrial area with direct access off Tank Farm Road away from residential streets. 3. The project does not preclude industrial or service commercial uses in areas especially suited for such use when compared with offices. 01433 Ordinance No. 1433 (2003 Series) Page 2 4. The PD rezoning to allow large offices and other uses consistent with the General Plan at the site, will not affect potential impacts related to noise, light and glare, and loss of privacy, among others, imposed by commercial activities on nearby residential areas. 5. The project does not create a shortage of C -S and M zoned land available for service commercial or industrial development. The project will not result in a loss of C -S or M zoned land. 6. As conditioned, the project is consistent with the General Plan, including policies on government office locations and the desirability for convenience services primarily serving area workers. 7. A negative declaration was prepared by the Community Development Department on January 23, 2003. The negative declaration concludes that the project will not have a significant adverse impact on the environment. SECTION 3. Action. The City Council does hereby approve application PD 182 -02, as shown in Exhibit A, subject to the following conditions. 1. Except as otherwise noted in these conditions of approval, all requirements included in the zoning regulations for the C -S zone shall apply. 2. Allowed and conditionally allowed uses shall be as specified in the master list of uses for the site (Exhibit B). Uses that are not listed may not be established at the site. 3. More than one office tenant may occupy office space on the site, but no single professional office tenant may occupy less than 2,500 square feet of adjacent, interconnected floor area, as indicated in the list of allowed uses recommended by staff. 4. The following types of office - related uses are prohibited: non - branch banking services, real estate offices, financial institutions, medical clinics, doctor's offices, and lawyer's offices. 5. Government agencies not functionally related to general government, social services, or health care operations, as specified in the General Plan Land Use Element Section 5.1 may be allowed at the site through the approval of an Administrative Use Permit with the combined floor area of the use not to exceed 25% of the total floor area of the building and documentation of limited public visitation. The Hearing Officer may refer these requests to the Planning Commission if the request raises potentially significant General Plan consistency issues. 6. Title companies wishing to locate at the site shall maintain a customer service office, such as an escrow office, elsewhere in the City in traditional office zoning categories where there is no restriction on customer visitations. 7. The property owner shall be responsible for maintaining and updating the current parking calculations for the site upon the submittal of Planning and Building permits for tenant changes or improvements to ensure the project site does not become under parked. Ordinance No. 1433 (2003 Series) Page 3 8. The proposed PD allowing professional offices in the C -S zone will require additional traffic impact fees to be paid prior to final approval of the shell building or occupancy of the first tenant space, whichever occurs first. A credit shall be given for those impact fees already paid with the shell - building permit (based on a C -S zone commercial /industrial building). SECTION 4. Adoption. 1. The zoning map is hereby amended as shown in Exhibit A. 2. The Community Development Director shall cause the change to be reflected in documents, which are on display in City Hall and are available for public viewing and use. SECTION 5. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in the Telegrame- Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED on the 1St day of April, 2003, AND FINNALY ADOPTED by the Council of the City of San Luis Obispo on the 15th day of April 2003, on the following roll call vote: AYES: Council Members Ewan, Settle, and Schwartz, Vice Mayor Mulholland and Mayor Romero. NOES: None ABSENT: None A ST: GC. Lee Price, C.M.C. City Clerk APPROVED AS TO FORM: ilbert A. Trujillo, Interim City Attorney Mayor David F. Romero hereby ceitity that this document is a true and accura<<; copy of Crdinan'ce No. and :I at thr crrdinance teas published pursuant to Charter Sect, 2. at ity Clerk Exhibit B PD 182 -02: Master List of Uses Type of Use Under Applicant's PC & Staff Credit reporting and collection current C -S Proposal Recommenda- Delivery and courier services Zone D tion Advertising and related services A A A Antennas — municipal,'' commercial, and public utility 9 D' 'S D1 broadcasting and wireless D DDS D5 communications -- D5 D5 Athletic and health clubs, A D' D fitness centers, game courts, A A A and other recreational facilities - indoor Audio and Video Production Not Listed A A Studios Banks, savings & loan � q ACI - Branch of bank, savings & DZ D' D loan or credit union (2,000 sf GF each) era• e �,�,,� Barbers, hairstylists, D Dt D' manicurists, tanning centers Broadcast studios A AD Building and landscape A PC&�PC� maintenance services �• Child or elderly day care, each D D' D� facility having up to 5,000 sf' gross floor loor area y Computer services A A4 A4 Construction Activities (Section 17.08.010.C5) A A A Credit reporting and collection A A A Delivery and courier services A D D Detective and security services A D D Government agency offices and meeting rooms. -- D' 'S D1 Insurance services (local) -- D5 D5 Insurance services (regional) -- D5 D5 Laboratories for medical or analytical research A A A Offices — all types of general A A A Zoning Regulations A = Allowed use D = Allowable with Administrative Use Permit PC = Allowable with Planning Commission Use Permit -- = Use Not Allowed Type of Use Under Applicant-., PC & Staff contractor's offices current C -S Proposal Recommenda- Page 2 Zone PD 182 -02 tion and special building contractor's offices Offices - architecture, A A A engineering, industrial design Offices (professional) (Min. SF A6 A6 counselors, accountants, requirement of investment brokers, appraisers 2,500 s.f.) 6 Organizations (professional, z � religious political, labor, D D D� fraternal, trade, youth, etc.) °; " offices and meeting rooms' d�a r Photocopy services and quick A A A printers Photo finishing - retail A D1 D' Photo finishing - wholesale; blue - printing and microfilming A A A service Photographic studios A A A Post offices and public and A A A private postal services Printing and publishing A A A Public assembly facilities (community meeting rooms, e z " 0 3 PC PCB PC auditorium, convention halls) Repair services — office and A D D business only Research & development — services, software, consumer A A A products, instruments, office equipment, and similar items Restaurants, sandwich shops, D D' Di take -out food, etc. Combined floor area not to exceed 25% of total floor area and 2,000 s f. max. floor area per use Retail sales — convenience D D1 Dt stores Combined floor area not to exceed 25% of total floor area and 2,000 sf. max. floor area per use Retail sales — business and A D' Dt office equipment supplies (5,000 sf GFA each) Retail sales and repair of A Di bicycles (2,000 sf GFA each) Zoning Regulations A = Allowed use D = Allowable with Administrative Use Permit PC = Allowable with Planning Commission Use Permit -- = Use Not Allowed Type of Use Page 3 Under current C -S Zone Applicant Proposal PD 182 -02 PC & Staff Recommenda- tion Secretarial and related services such as transcribing, telephone D D D answering Ticket / travel agencies D D D Title companies __ DS;, CDs to ;i Utility company — Engineering D D D and administration offices Wholesale (excluding fuel A D1 T1DI � � dealer) and mail order5� 3 Notes: The following uses are secondary uses within the project site; their combined floor area shall not exceed 25 percent of the total floor area. Some are also subject to limits on individual floor area. ➢ Ambulance service ➢ Athletic and health clubs ➢ Bicycle repair (max. 2,000 square feet of floor area) ➢ Branch of bank, savings & loan, credit union, finance company (2,000 square feet per use) ➢ Photo finishing — retail ➢ Retail sales of food, publications, sundries (2,000 square feet of floor area per use) ➢ Sale, rental of business office supplies (5,000 square feet of floor area per use) ➢ Wholesaling, mail order (as freestanding uses) 2. In the C -S zone, only branches of banks are allowed — no headquarters. 3. Use requires specific approval by the Airport Land Use Commission (may be incompatible with ALUP Area 5). 4. Computer services limited to data processing and technical support. 5. Allowable with administrative use permit with documentation of limited public visitation and determination of consistency with City's tri -polar policy and with public facility and office location policies (General Plan). 6. Zoning Regulations allow large offices (min. 2,500 sf floor area per tenant) with PD Overlay. Non - branch banking services, real estate offices, financial institutions, medical clinics, doctor's offices and lawyer's offices are prohibited. 7. Outdoor storage is not appropriate in this location. 8. Auto sales in areas other than Auto Park Way should be minimized according to the General Plan Land Use Element. 9. Allowed subject to compliance with development standards stipulated in Section 17.16.120 of the Zoning Regulations. 10. Title companies must maintain a customer service office elsewhere in the City in traditional office zoning where there is no restriction on customer visitations. Italics note use descriptions not currently included in the Zoning Regulations. Some were suggested by the applicant, some by staff. Zoning Regulations A = Allowed use D = Allowable with Administrative Use Permit PC = Allowable with Planning Commission Use Permit -- = Use Not Allowed pn P W U -hl S