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HomeMy WebLinkAbout02/02/1988, 2 - REQUEST TO AMEND THE ZONING REGULATIONS TO ALLOW CHURCHES, SYNAGOGUES, AND TEMPLES IN THE C-S (SERVICE-COMMERCIAL) ZONE, SUBJECT TO ADMINISTRATIVE USE PERMIT APPROVAL. EETING !WW'.9 city of san IU s umspO M2-2-88DATE: COUNCIL AGENDA REPORT Z7M:1 �Wichael Multari, Com. Dev. Director; By Greg Smith, Associate Planner SUBJECT: Request to amend the Zoning Regulations to allow churches, synagogues, and temples in the C-S (Service-Commercial ) zone, subject to administrative use permit a CAO RECOMMENDATION: Introduce ordinance to print amending Se tion 17.22.010 of the Zoning Regulations to allow churches, temples, and synagogues in the C-S zone, subject to approval of an administrative use permit and subject to special compatibility findings. BACKGROUND: Discussion The applicant, Twowise Ltd. , owns a commercial development on south Higuera Street, and anticipates filing a use permit application for a church use, if the Zoning amendment is approved. No amendment to the General Plan is necessary since the proposal is consistent with existing policies. on January 13, the Planning Commission recommended approval of the proposed amendment on a 3-2 vote. Commission discussion focused on the potential for conflict between churches in the C-S zone and existing or future adjacent uses which might generate noise, odors, etc. The proposed footnote to the zoning charts is a result of their direction to staff. Representatives of two churches testified in support of the proposed amendment, indicating that they believed compatibility problems could be avoided through use permit controls and cooperation between neighboring uses. No other oral testimony was given. written support from over 200 persons was submitted as well. Significant Impact If approved, the zoning amendment will likely result in location of some churches in the C-S zone, and may result in fewer churches locating in other zones. No significant fiscal or other impacts are anticipated if appropriate controls are imposed through the use permit process. The Community Development Director has approved a negative declaration for the rezoning. Consequences of Not Taking the Recommended Action Churches will continue to be prohibited in the C-S zone; there will be no change to regulations allowing churches in various other zones. 2-I ��►►H�i ►iVl(1111111�II�m�I��U�II city of s; Luis OBlspo COUNCIL AGENDA REPORT Page 2 EVALUATION Staff has outlined several issues for council consideration. The most significant issues relate to compatibility of church uses with noise-generating uses allowed in the C-S zone. Land Use Policies Relevant excerpts from the Land Use Element and Zoning Regulations are attached, and can be summarized as follows: Churches are identified as a non-residential use which is conditionally compatible with residential neighborhoods and several commercial districts. Churches are allowed in the R-1, R-2, R-31 R-4, 0, C-N, C-C, and C-R zones. Use permits are required in all but the 0 and C-R zones. The service-commercial zone is identified as an appropriate location for various commercial uses not suited to the other commercial zones, typically because of noise, truck traffic, large site requirements, etc. The Noise Element of the General Plan states that it is the city's policy to "reduce existing and potential incompatible noise levels in problem areas through land use strategies, building and subdivision code enforcement, and other administrative means". The Noise Element also contains "land use compatibility guidelines" for noise exposure The Housing Element includes various policies intended to preserve opportunities for development of additional residential units. To the extent that the proposed rezoning diverts future church development from residential zones, it is consistent with the intent of the Housing Element. Noise Compatibility The noise level in some C-S locations could be higher than normally acceptable for church use. The Noise Element of the city's general plan indicates that an exterior noise level of 65 dBA (Ldn) is the maximum normally acceptable for church uses. Normally acceptable noise level for most uses allowed in the C-S zone is 80 dBA. (A glossary of technical terms and abbreviations is attached. ) 2- � ����ibH�luIf11111�P° '���III city or San tu.., OBispo i COUNCIL AGENDA REPORT Page 3 The Noise Element indicates that an interior noise level of 45 dBA (Ldn) or less is needed for church uses. Any exterior noise which caused an interior noise level of 60 dBA for even a short period would be found to be annoying during church services or meetings. The city's Noise Control Regulations allow generating a noise level of 70 dBA for up to thirty minutes per hour (80 dBA for five minutes) in the C-S zone. The regulations provide for variances for previously established uses or certain other circumstances. Thus, any church building would have to provide mitigation measures which would : a. Reduce transmission of exterior noise to interior spaces. This would involve air conditioning of interior spaces, and might involve special noise insulation construction methods such as double glazing and double walls. b. Reduce exterior ambient noise levels. This could be accomplished by use permit or other land use controls on large, isolated sites. Land use controls could be established based on typical church activity schedules. One of the more likely mitigations of this concern is that most C-S uses are active Monday through Saturday during the day, and most church activities occur in the evening and on Sundays. This complementarity in scheduling not only may mitigate noise but also parking needs for both churches and C-S uses (see below) . (Curiously, peak church activity time--evening and Sundays--are the times when residential neighborhoods are most susceptible to possible noise and parking impacts. ) Note that the noise levels generated in the C-S zone are comparable to traffic noise generated on a busy street; many churches are located in areas where traffic noise would be comparable to C-S ambient noise levels. Furthermore, some of the noise-generating business uses allowed in the C-S zone are also allowed in the C-N, C-C, and C-R zones in which churches may be located. Through the case-by-case review, compatibility has been acceptably addressed in those areas. Special noise mitigation measures would be required in most cases. In special cases where noise mitigation were difficult or impossible, it seems unlikely that a use permit would be approved. Careful screening of sites and noise mitigation measures would be needed to avoid problems with noise enforcement problems. 2-3 �����i�►►��Iilll��p° ���lN City O� SM tuts OBISp0 NiS COUNCIL AGENDA REPORT Page 4 other Relevant Issues Visual compatibility may be an issue in certain cases. Location of a church in a C-S zone could lead to conflicts with uses such as auto repair shops or building material storage located on adjoining sites. Again, the nature of the site and likely uses would be part of the case-by-case review under the use permit. Compatibility issues may also arise based on other grounds. For example, bars, taverns, and liquor stores are allowed in the C-S zone, subject to use permit approval. The use permit requirement will mitigate this problem to some extent by providing a .public forum for resolution of potential conflicts. Again, noise and other land use conflicts will be mitigated to some extent by the fact that most church and synagogue services are conducted outside of normal business hours. Some conflict may be inevitable with regard to daytime or week-night services, and church activities conducted outdoors, since some businesses allowed in the C-S zone may operate seven days a week. Churches face a problem of site availability in these other zones; not only are sites which could accommodate churches expensive, but they are hard to find as the existing city limits become more built-out. Also, when sites are in such high demand, churches which require such large amounts of land for such intermittent activity find it hard to economically compete with developers of new housing or commercial activities. A recent study done for the city regarding office space indicates that there is a surplus of C-S land in the city. Therefore, churches will tend to be able to find more sites and more affordable sites if this zone is added to the list of places where they can be conditionally permitted. Churches sometimes provide intermittent and incidental day care and instruction. So long as these activities were clearly incidental, land use conflicts would be minimal and could be handled through use permit review. Full-time day care and elementary schools associated with a church would not be allowed. Typical church development patterns are similar in some important respects to service commercial developments. Churches are land-intensive uses, and would benefit from the larger parcels of land available in the C-S zones. C-S zoned land is often less expensive than land in residential or other non-residential zones. Churches also have a relatively high parking requirement. Churches in commercial zones have been able to make efficient use of parking facilities by sharing with commercial or office uses. It seems likely that opportunities for 'use of shared parking would occur for churches in C-S zones. 2- �►�N���uiIVIIIIIII�i� llUpl city of san Lu...,-osIspo COUNCIL AGENDA REPORT Page 5 At the Planning Commission hearing, compatibility with residential zones was discussed. Churches are currently located in various residential and non-residential zones in the city (from R-1 to C-R) . In these zones, compatibility problems sometimes arise where the church's activities can affect the neighborhood. Examples include parking problems during services and noise generated by evening or Sunday morning activities. Furthermore, some incidental activities conducted by churches (eg. , free meals for the poor, emergency shelter) have caused some neighborhood concerns. . While these generally are not significant, they would not likely occur at all with churches sited in C-S areas. Planning Commission Recommendation The Planning Commission discussed the various questions of compatibility raised in this report. Four of the five commissioners felt these could be addressed adequately through a case-by-case review. A point which was debated was whether or not the footnote, which reminds applicants and the Hearing Officer about potential compatibility concerns, was necessary. A motion to recommend that churches be conditionally permitted in the C-S zone without any explanatory footnote failed 2 - 3 (Crotser, Hainline in favor; Kourakis, Duerk, and Gerety opposed; Schmidt absent; one vacancy) . A second motion to recommend that churches be conditionally allowed, but with the footnote, passed 3 -2 (Hainline, Kourakis, and Duerk in favor; Crotser and Gerety opposed) . ALTERNATIVES The council may approve, deny, or continue the proposed zoning amendment. If the amendment is adopted, it will return to the Council for final passage, and will become effective thirty days later. OTHER DEPARTMENT COMMENTS The Police Department has expressed concerns with potential for conflicts, especially regarding enforcement of noise control standards, but believes that problems can be adequately managed through the use permit review process. RECOMMENDATION The Council should adopt the attached draft ordinance as recommended by staff and the Planning Commission, amending the Zoning Regulations to allow churches, synagogues and temples in the C-S zone subject to approval of an administrative use permit and subject to special findings of compatibility. 2-5 ����aai�►►�IllllllliP��a►q��lU city Of sa. , LUIS OBISPO = COUNCIL AGENDA REPORT Attachments: Draft ordinance Letter from applicant Land Use Element Excerpts PC Draft Minutes 1/13/88 Glossary of Technical Terms Initial Study NOTE: The applicant will submit a petition at the meeting. *�/ ORDINANCE NO. (1988 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING SECTION 17.21010 OF THE ZONING REGULATIONS TO ALLOW CHURCHES, SYNAGOGUES, AND TEMPLES IN THE C-S ZONE WHEREAS, the Planning Commission and the City Council have held hearings to consider an amendment to the zoning regulations regarding residential density standards as illustrated on Exhibit "A" in accordance with the California Government Code; and WHEREAS, the City Council finds that the proposed text amendment is consistent with the general plan; and WHEREAS, the proposed amendment 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 text amendment promotes the public health, safety, and general welfare; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the test amendment to Section 17.22.010 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 at least five (5) 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 final 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. . 2-7 Ordinance No. (1987 Series) Page 2 INTRODUCED by the Council of the City of San Luis Obispo, at its meeting held on the day of 1987, on motion of _ seconded by and on the following roll call vote: AYES: NOES: ABSENT: Mayor ATTEST: City Clerk APPROVED: U City Ad inistrative Officer City Att ney Community Development Director EXi HBIT A R 1347 17.22.010 Table 9 Continued Uses Allowed by Zone I R-1 I R-2 R-3 R-4C/OS 1 O PF I C-N I C-C I C-R I C-T 1 CS I M ! Barbers, hairstylists, man- icurist i A A A PC D I Boarding/rooming houses, dormitories PC D I D D Bowling alleys PC i PC D i PC I PC : Broadcast studios j I A 1 I!A/DI A I j A i A i Building and landscape main- tenance services A/Di A l A A Bus stations ! ! PC ! D I A Cabinet and C3tpentry Sbnps D A Caretaker's quarters A A A A A A D ! D D D ! A D D I Carwash— mechanicalPC9 i D D j i I i Carwash—self-service ! ; ! ' D ! D I PC°! A ' A Catering services ' A A A Cemeteries, mausoleums, columbariumsPC PC PC PC PC PC ; PC PC PC , PC PC ` PC ' PC : Christmas tree sales (see Sec- tion 17.08.010D) f D D D D D ' D D D D Churches, synagogues, tem- pies, etc. PC ! D D D A D D D A Circus, carnival, fair. festival.patades ' (see Section 17.08.010E) D D D D D D D D D Computer services I A i A/D I A A D Construction activities (see Section 17.08.010G) A A j A A A A A A A A A A A Contractor's yards ; ! A ` A Convalescent hospitals PC i PC D PC PC D I A — Allo ed PC — Plannio{commission approval required D — Director's approval required A/D — Director's approval an ground 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 461 Ilan Luis Obispo 7-861 z 1 FOOTNOTE: 12. Use permit review shall consider that the C-S zone is primarily intended to accommodate uses not generally suited to other commercial zones because of noise, truck traffic, visual impacts and similar factors. A use permit may be approved only when the church will not likely cause unreasonable compatibility problems with existing or likely future service commercial uses in the vicinity. Use permit conditions may include measures to mitigate incompatibility. Z-10 R R M D E S I G N G R O U P November 17, 1987 Department of Community Development City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Attention: Mr. Michael Multari Dear Mike: Attached is an application for a Zone Text Change to allow, with Director's approval , churches in C-S zones. I have also included a part of Table 9 from the City Zoning Ordinance showing the change in text. As you are aware, an application was made several months ago by the Agape Christian Fellowship for the same zone text change. I am including their planning application and back up letter which I feel covers the reasons behind this request. In essence they are summarized as follows: - 1. Economics: Typically C-S zones are more economical for the churches to build or lease. 2. Compatibility: Current zoning regulations allow churches in the R-1 zone, R-2, R-3 and R-4 zones, and with parking and sound problems they are more compatible with the C-S zones. Their hours are complimentary to normal commercial service hours. 3. Each case can still be reviewed individually by the Director through the issuance of a Conditional Use Permit. The Agape Christian Fellowship representative has informed me that they have wide support throughout the church community and are willing to back this Zone Text Change. Mike, we appreciate your consideration in reviewing this application. If I can be of further assistance or provide additional information, please contact me at your earliest convenience. Sincerely, RRM SIGN S ven Wise, A.I.A. i e Pr sident/Architecture Division SLW/ rs Enclosures c��wrrt u��'K,,ix�atx� ChRIST1AN �� Feuowship tN JS; Tim Morbitzer, Pastor August 5, 1987 epartment of Community Development, 990 Palm Street San Luis Obispo, CA 93401 Attn: Mr. Michael Multari Dear MrAft Multari, We, the Applicant, members of Agape Christian Fellowship are requesting that Churches become an allowed use in the C-S zone pending the issuance of a Conditional Use Permit at the discretion of the Director. The reasons for making such a request are numerous as well as logical and hopefully favorable. 1) A major reason is economics. As a six year old congregation of 200 + people, we have occupied facilities which we rent on a two day per week basis. The obvious limitations of having to set up and take down chairs, sound equipment, furnishings etc. has caused us to look continually for more permanent facilities. Because of the tremendous lack of existing assembly type buildings, we have explored purchasing land and constructing as well as renting and remodeling a building in an allowable zone. Buying land and erecting a building that would accomodate even a congregation our current size requires a prohibitive budget of $503,b0 to 03,U00. The alternative is to lease an existing building in the allowable use 0, PF, C-N, C-C, C-R, or C-T zone and to remodel at an estimated cost of $100,000 per 10,000 sq. ft. Besides the lack of suitable buildings in these zones, the average cost to lease is approximately $.80 to $1.25 per sq. ft. per month versus existing C-S buildings (of which we have identified at least two as being very suitable) which lease in the $.35 to $.50 per sq. ft. range. Considering. the fact that church. buildings are only used for assembly a few hours per week, the savings of $3,500 to $5,000 per month is not only good stewardship but makes leasing feasible fdr. smaller, growing churches like ours. "Where faith works by Jove to meet the needs of the people, and mach the wortd with JESUS!" P.O. Box 123 -San Luis Obispo, California, 93406 (806)6 4rm 3) Another favorable consideration is that the applicant is requesting that churches be allowed in the C-S zone pending the issuance of a Conditional Use Permit at the Directors discretion. This allows a case by case review protecting the city and existing businesses. The applicant has received information stating that the cities of Santa Barbara, Santa Paula, Thousand Oaks , Ventura, Camarillo, Newberry Park, Moorpark, Industry, Anaheim, Santa Ana, Tustin, Ventura County and Grover City currently allow churches in their equivalents to C-S zoning with the issuance of Conditional Use Permits . Atascadero allows churches in the C-R zone but not currently in the C-S zone due to the fact that no one has ever applied for use in this zone according to the planning director. Therefore it would seem that many other cities may not allow it because it has never been proposed versus due to incompatibility. In addition to allowing church use, many of the above cities have reduced their parking standards to accommodate churches due to the low hours per week of occupancy as well as the offsetting hours of use. In Ventura County a church applicant CUP-806 (see attachments) was allowed to reduce offstreet parking form 268 spaces to 165 spaces for the above mentioned reasons. An important request by the applicants, is that the city would allow issuance of CUP at the Directors level versus Planning Commission review. The large sum of money needed to hold a building while it goes through a timely review process is very expensive and can be somewhat prohibitive especially on a repeated basis . Perhaps issues like parking and hours of use could be discussed by the Planning Commission and some guidelines be issued to facilitate the review process at the Directors level as an alternative to Planning Commission Review. We would like to thank you for your consideration and know we speak for at least two other congregations who are dealing with the same frustrations in finding suitable church facilities within the city. Sincerly, Pwr;d& Patrick H. Sparrow Representative/Agape Christian Fellowship SP/pc 20015 In the past years we have given approximately 25% of our annual income towards helping people in need both in this community and around the world. It seems fitting that the governing agencies would facilitate non-profit service organizations in being good stewards with people' s contributions . 2) The second consideration which is perhaps more important from a city standpoint is use compatibility. The zoning regulations allow churches in the R-1 zone with PC approval and in the R-2 , R-39 R-4 zone with Directors approval. Historically churches were built in the center of towns and neighborhoods for walking convenience. With the onslaught of automobiles, issues like traffic congestion and parking problems along with amplified sound systems, which most churches use, would seem to make adjacent residential areas less desirable than a typical C-S zone situation where there are usually no neighboring occupants on Sundays and evenings after 6PM. This has proven very positive in other cities where churches are allowed in C-S and even manufacturing and Industrial zones . Residential property is at a premium price in San Luis as well as being much less plenteous than C-S zoned property which according to a recent Community Development Department Survey is the zoning which has the most undeveloped parcels remaining. The demand for church use would not be enough to significantly effect the availability for other uses . The zoning regulations also allow churches in 0 and C-R zones and in the PF, C-N, C-C, C-R zones with Directors approval. Besides the expense of leasing in these zones as was previously mentioned, the lack of availability and reduction of city and county revenues from commercial uses seems less desirable useage. The commercial and office zones in the city are more prone to congestion, have more problems with parking and have greater potential for related complaints than in many parts of the C-S zones . Another important observation in determining compatability is to review the other allowed uses in this zone. Some professional offices and business, trade, recreational or other specialized schools are allowed with approval. Public assembly facilities (community meeting rooms, auditoriums, conventions/ exhibition halls) and stadiums are allowed with Planning Commission approval. It appears that these uses may have some parallel to church useage. At 1 A recurrin �. - - 9 , d . cityriddle - in zoning 4 ^ I I zoned right' City .. - 1 A � - 7 F , i WHEN IT COMES to land-use planning taken and renovated — some for use as and zoning, here's a timely riddle: What is churches, some for use as charities or not a residence, not a business, not an businesses. So it's not easy for a congrega- industry, not a farm, not a warehouse, not a tion to find a building that's considered public building and not open space? officially suitable for worship services. The answer: a church. And the.amorphous nature of churches in IF A CHURCH congregation wants to the planning-and-zoning process is causing worship in an industrial zone, why should some headaches for local government. Ven- city officials object? That's a good question tura is just one city in the county that has that we haven't heard a good answer to — at been asked to permit a church in an industri- least, not yet. al zone, and city planners are reaching for Certainly, churches wouldn't be disrupting the aspirin. industrial neighborhoods, which tend to be ("Industrial" isn't the legal description of virtually deserted on Sundays and most the zoning, since there are several different evenings. And that fact almost automatically kinds of zoning that could fit under that solves any church's parking problems. In general heading. But it's the term that most fact, a church would seem less intrusive as a readers probably would use — an area of neighbor in an industrial neighborhood than industrial buildings and warehouses inter- in a residential neighborhood, where many of spersed with some businesses.) them are located. Why should a church want to hold worship I Sometimes, planners seem to get too services in a warehouse in the midst of an industrial zone? Because it's the only space preoccupied with the fine print in deciding available that's big enough to accommo- exactly what kind of businesses and organi- zationsdate a congregation and reasonable enough broder view — a view that if it doesn't are "appropriate" in which areas. A i for a small congregation to afford. broade With the parking requirements for encroach on the neighbors, it's all right — churches, it takes quite a chunk of land to would seem a better approach. house one, and with land prices what they Ventura's planners are in the process of are in Ventura, it's very difficult to raise rewriting some of the fine print on zoning in enough money to build a church. And again, the city, and in the process, they have an �� the most affordable land might well be in an opportunity to adopt a more tolerant attitude area not zoned for churches. toward the proper .zoning for churches. At one time, there were some older Generally, churches tend to be desirable churches around town, available for new neighbors, even if they don't fit into any of congregations. But most of those have been the obvious official pigeon-holes. LAND USE ELEMENT - RESIDENTIAL LAND USE POLICIES C. Medium-density residential development, allowing a maximum of 12 dwelling units per acre, shall be encouraged in close proximity to neighborhood and community commercial and public facilities, where utilities, circulation, and neighborhood character can accommodate such development. Medium-density projects should be designed to be compatible with neighboring low-density development. d. Medium-high-density residential development, allowing a maximum 18 dwelling units per acre, shall be encouraged in areas substantially committed to this type of development, close to community commercial centers and public facilities. e. High-density residential development, allowing a maximum 24 dwelling units per acre, shall be encouraged in areas adjacent to major concentrations of employment, college enrollment, or business activity, where existing development of similar character, as well as utilities, circulation, and public facilities, can accommodate such intensity. High-density development should be designed to provide a transition between less intense residential uses and nonresidential uses. f. Residential densities are expressed as the number of dwellings per net acre of site area. Based on unit occupancy characteristics, the population impact within multifamily areas shall be equalized so far as possible by relating densities to a "standard dwelling unit" of two bedrooms. More or fewer units will be allowed according to the type of units proposed, aiming for population densities of approximately 250, 40 and 55 persons per acre for medium-, medium-high- and high-density multifamily residential areas, respectively. -- g. Residential neighborhoods should be separated from incompatible nonresidential land uses and buffered from major circulation facilities. New residential developments or redevelopments involving largescale sites (expansions of existing neighborhoods or major infill and intensification areas) should be designed to orient low-density housing to local access streets and medium- or high-density housing to driveways accessible from collector streets. Major arterial streets through residential areas shall provide only limited private access or controlled street intersections, and adjoining residential use should be spatially separated or otherwise insulated from adverse noise and other traffic impacts. Residential areas should be protected from encroachment by detrimental commercial, industrial or agricultural activities, and existing incompatible uses should be abated or mitigated. Nonresidential uses which serve neighborhood needs (convenience shopping, schools, parks, day care centers, churches, lodges, and similar public or semipublic facilities) should, however, be considered conditionally compatible with residential environs, subject to evaluation of site development plans. l 13 LAND USE ELEMENT 10. The city should encourage the use of centralized retail commercial facilities by improving all forms of surface circulation to and within the central business district and servicing Madonna Plaza and University Square. d. Tourist Commercial Policies 1. Tourist commercial activities should be monitored periodically to determine their impact on growth and the city's labor force. Tourist commercial activities should be maintained to help assure a diversified economic base and reduce dependence on the government, retail and service sectors. 2. The city should encourage the expansion of tourist-oriented facilities by the restructuring and intensification of existing tourist commercial areas. 3. Tourist commercial developments should be located in areas which have direct access to the regional circulation system and are in close proximity to the cultural, recreational and entertainment facilities of San Luis Obispo. 4. Properties within the interface of existing and future tourist commercial uses with residential districts shall be designated as "sensitive sites". Architectural review and site planning shall insure the compatibility between tourist commercial and residential uses where they directly abut. 5. Residential, professional office, service canmercial uses, and unrelated retail activities should be excluded from designated tourist commercial areas. Minor and incidental convenience and personal service activities should be permitted only where demand generated by tourist-oriented activities is evident. 6. The city should explore the feasibility of establishing tourist information centers on major highway routes passing through San Luis Obispo, which can reduce the need for on- and off-site advertising of " tourist commercial and retail uses. e. Service Comnercial/Light Industrial Policies 1. The allocation of land resources for service cammercial/light industrial uses should be periodically reviewed and revised as necessary to reflect the realistic needs and opportunities of the city of San Luis Obispo based on changes in work force and resource availability. 2. The city should promote the infill and restructuring of existing service cammercial districts designated on the plan and should discourage the proliferation of scattered service commercial/industrial manufacturing uses in areas designated for future conversion to other uses. The county should prevent service commercial/light industrial uses within the rural industrial area. 18 2-J'7 LAND USE ELEMENT r i 3. The city shall prevent the development of water-intensive industries or those which would significantly degrade or accelerate the degradation of the area's air or water quality. 4. In designated service commercial/light industrial areas, the city should support the concept of "planned unit" industrial developments and subdivisions, where unified landscaping, signing, building design, service capabilities and adequate circulation can be ensured arra thereby avoid compatibility conflicts created by piecemeal development. 5. Where possible, access to service commercial areas should be provided by industrial collector streets to (1) avoid the use of residential streets or delivery routes which pass through residential areas, and (2) minimize direct driveway access from individual parcels onto the city's arterial street system. 6. All service commercial/light industrial areas shall be required to make connections with the city's water and sewer systemms. The discharge of effluent from these areas into the city's sewer system shall meet or exceed adopted standards for constituent concentrations. 7. The city should emphasize the adequacy of landscaping, signing and building design of service commercial uses which are situated along entryways into San Luis Obispo. The county should refer and the city com=ment on the site planning and design of rural industrial uses within the urban reserve along Highway 227, Tank Farm Road or South Higuera Street. i 8. Office, retail commercial, convenience commercial and certain commercial recreation uses shall be conditionally permitted within designated service co meercial/light industrial areas subject to discretionary review and issuance of a use peamit by the Planning Commission. Retail activities and offices not directly associated with permitted eo mmercial or industrial uses should be discouraged. f. Rural Industrial Policies 1. Rural industrial activities should (1) be situated on parcels not less than five to ten acres in area, (2) be adequately served by private on-site water and sewer systems, (3) be limited to activities which are not employment-intensive (less than 25 employees each) , (4) be situated on parcels which have 300 feet or more frontage on present county roads, and (5) not include any comomercial or service cmmercial/light industrial uses. 2. Residential dwellings should generally be prohibited within rural industrial areas; rural industrial uses may include on-site ( provisions for caretaker facilities as accessory to the use. 19 EXHIBIT A: Urban Land Use Element Amendments (GP/CR 1299) 1. The following additions and amendments should be made to professional office policies contained on page 16, paragraph b.2 of the Urban Land Use Element: LaW. professional office buildi s which can• incli:de multiple tenants but with no single tenant space less than 2,,500 scivare feet may este liter in service oo®ercla ig t Industrial areas subject to the !WLoval of a Planned Devel t (PD) zoning ion and compliance with criteria- set or 1n - zon ng regulations. This last provision noun tandem Tie dispersion or des yn !!me, banks., real estate o ficesi, financiaal institutions, medical clinics and doctors offices, and lawyers offices throughout the city is prohibited 2. The following additions and amendments should be made to service commercial/light industrial policies contained on page 19, paragraph e.8 of the Urban Land Use Element: offices-for engineerigg and industrial deli , retail commercial, convenience commercial certain commercial recreation uses shall be conditionally permitted within designated service commercial/light industrial areas subject to discretionary review and issuance of a use permit by the Planning Commission or Director. Retail activities and offices not directly associated with permitted commercial or industrial uses should be discouraged. However, large professional office.buildings which can include multip a tenants but with no single tenant spaces less than 2,500 square feet may establiviR�'in service commercial i htIndustrial areas subject to the approval o a Planned Dev o !Ent zoning appplication and en Hance with cFiteria setforth in the—zoning regulations. 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LL N Er N V L E Y r 7 C C C C H Y c O C C 6 C y ' A y 6 t0 e0 C d •r . O S 00 U c 00 C r L •r� Y I t0 E L N d N W a Y 7 d d N C A C Md D. d 6. r Y r L 9 d N IO•. = U C a d •.+ d dr.. O Y d N 0 C V C L c to Y - 00 d r d O C 00 'O 7 V G rpr d E _ d A a L E 7 d L Y Y E 7 fi d N d O O M L. > .r W !4 •.Ci > c a T N t0 Y U O O N d •r .-. C 6 6 W w O C _O Y N �' �' t' O N F C d s u d Y ° d G a s e to 04 •.. L d L d N d > t0 Tp d U ti L V 7 u N N N O ryG O r N h w d L Y ..C. 7 r U Hi W r r ty N N N Y ON O d !7 � 7 L W O 2 O � R L at M ••+ ry 2_21 Draft PC Minutes January 13, 1988 3. Public Hearina: Rezonine R1347: Request to amend the Zoning Regulations, Section 17.22.010, to allow churches, synagogues, and temples in the Service-Commercial (C-S) zone; Twowise, LTD., applicant. Greg Smith, Associate Planner, presented the staff report and recommended approval of the zoning amendment to council. Chairperson Kourakis opened the public hearing. Steve Wise, applicant, agreed with staff recommendation. He was concerned with potential incompatibility in existing allowed zones and the lack of site availability for such organizations. He felt the use permit requirement would allow case-by-case review. Chairperson Kourakis asked is weekday activity would conflict. Mr. Wise stated that daycare would not be allowed in a C-S zone. Mike Sparrow, Agape Christian Fellowship representative, favored the change because of the economics of the C-S zone and felt the use was compatible. He submitted a petition of support the the rezoning. Commr. Gerety suggested there might be a compatibility problem with other allowed C-S uses, such as carwashes, construction, and contractors. Mr. Sparrow felt a conditional use permit would mitigate this. Commr. Gerety noted that tenancy could change in the future. Vincent Maloney, 307 La Canada, Vineyard Christian Fellowship representative, encouraged this rezoning and discussed the difficulty in finding available space. Commr. Duerk asked if he would accommodate noisy neighbors. Mr. Maloney felt that situations could be worked out and compromises reached. James Menaha, 691 Church, felt it would be in the community's interest to house "homeless churches". Chairperson Kourakis closed the public hearing. Michael Multari state that staff would continue to make compatibility judgments in terms of use conflicts. Chairperson Kourakis asked staff if there was a way to footnote that this would be a "secondary° priority use in the C-S zone. Staff responded that footnoting could be done in the ordinance change. Commr. Crotser did not feel the use should be footnoted and that the use should either be categorically approved or denied. He moved to recommend to the City Council approval of the rezoning. 2dw PC Draft Minutes January 13, 1988 Page 2 Commr. Hainline seconded the motion. Commr. Gerety did not feel the C-S zone was appropriate for this use. Commr. Duerk stated she would favor the use if it did not affect allowable uses. Staff noted conditions of use permit could provide for noise mitigation measures. Commr. Hainline felt the commission was being overly protective. Chairperson Kourakis was concerned with protecting the C-S zone for allowed uses. VOTING: AYES: Commrs. Crotser, Hainline NOES: Commrs. Duerk, Gerety, Kourakis ABSENT: Commr. Schmidt The motion fails. Chairperson Kourakis moved to recommend the council approve the rezoning request with a footnote in the ordinance to highlight that this was a secondary priority use with staff to draft footnote language for council consideration. Commr. Duerk seconded the motion, Resolution No. 4013-88. VOTING. AYES: Commrs. Kourakis, Duerk, Hainline NOES: Commrs. Crotser, Gerety, ABSENT: Commr. Schmidt The motion passes. 2-� REFERENCE A ACOUSTICAL_TERMINOLOGY AM2I•Ei4i__NUI.SE. LEVEL_ The composite of noise from all sources near and far. In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given location. A-_WEIGHTED_SOUND_LEVEL: rhe sound pressure level in decibels as measured on a sound level meter using the A-weighting filter network . The A-weighting filter de-emphasizes the very low and very high frequency components of the sound in a manner similar to the response of the human ear and gives good correlation with subjective reactions to noise. CNEL.. Community Noise Equivalent Level . The average equivalent A-weighted sound level during a 24-hour day, obtained after addition of five decibels to sound levels in the evening from 7:00 p .m. to 10:OC p .m. and after addition of ten decibels to sound levels in the night before 7:00 a.m. and after 10:00 P .M. DECIBEL, dB: A unit for describing the amplitude of sound, e—al to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter) . EQUIVALEENT_ENERGY_LEVEL,• The sound level corresponding to a steady state Leg: sound level containing the same total energy as a time varying signal over a given sample period. Leq is typically computed over 1 , 8 and 24-hour sample periods. Ldn: Day/Night Average Level . The average equivalent ---- A-weighted sound level during a 24-hour day, obtained after addition of ten decibels to sound levels in the night before 7:00 a.m. and after 10:00 P .M. NOTE Z CNEL and Ldn represent daily levels of noise exposure averaged on an average basis, while Leq represents the equivalent energy noise exposure for a shorter time period, typically one hour. Lma:t: The maximum A-weighted noise level recorded during --- - a noise event. Ln: The sound level exceeded x percent of the time -- during a sample interval . L10 equals the leve exceeded 10 percent of the time (L90,L50, etc . ) NOISE EXPOSURE.,•CONTOURS.• Lines drawn about a noise source indicating constant energy levels of noise exposure. CNEL an Ldn are the descriptors utilized herein to escrib community exposure to noise. 2-zZ+ I City of san luis OBisp0 �i�����llllll. IiIIIIII��jlliill INITIAL STUDY OF ENVIRONMENTAL IMPACT SITE LOCATION Al 4 APPLICATION NO.'E4ftE7 PR ECT 6 CAIPTION APPILIJAINIT F RECOMMENDATION: NEGATIVE DECLARATION MITIGATION INCLUDED EXPANDED INITIAL STUDY REQUIRED ENVIRONMENTAL IMPACT REPORT PEOUIRED PREPARED BY (2�� � DATE COMMUNITY DEVELOPMENT DIRECTOR'S ACTION: DATE SUMMARY OF INITIAL STUDY FINDINGS 1.DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING IL POTENTIAL IMPACT REVIEW POSSIBLE ADVEFWFFECTS A. COMMUNITY PLANS AND GOALS ................................................... B. POPULATION DISTRIBUTION AND GROWTH.......................................... C. LAND USE ....................................................................... D. TRANSPORTATION AND CIRCULATION .............................................. Vigo E. PUBL:ICSERVICES ................................................................ F. UTILITIES........................................... ...... ......... .. .. .......... • G. NOISE LEVELS ........................................................................ H. GEOLOGIC&SEISMIC HAZARDS&TOPOGRAPHIC MODIFICATIONS .................... I. AIR QUALITY AND WIND CONDITIONS............................................... J. SURFACE WATER FLOW AND QUALITY .............................................. KPLANT LIFE....................................................................... L. ANIMAL LIFE..................................................................... M. ARCHAEOLOGICALIHISTORICAL ..................................................... rte N. AESTHETIC ....................................................................... O. ENERGY/RESOURCE USE .......................................................... P. OTHER ........................................................... III.STAFF RECOMMENDATION *SEE ATTACHED REPORT 2 I ' 1 ER63-87 Page two II. Potential Impact Review A. Community Plans and Goals The Land Use Element does not make explicit provisions regarding this type of use in the Service Commercial/Light Industrial land use classification. Institutional uses are addressed in various other commercial and residential zones. The implied policy of the Land Use Element is to group compatible uses in various zones, and preclude incompatible uses in the same zone. This issue will be evaluated by the Planning Commission and City Council at public hearings regarding the proposed amendment. Conclusion: Review by the council and commission will serve to mitigate any potential conflict with adopted plans and goals. G. Noise Levels The typical ambient noise level in C-S zones may be higher than normally acceptable for church use. The Noise Element of the city's general plan indicates that an exterior noise level of 65 dBA (Ldn') is the maximum normally acceptable for church uses. Normally acceptable noise level for most uses allowed in the C-S zone is 80 dBA. The city's Noise Control Regulations provide that generating a noise level of 70 dBA for a period of thirty minutes or more (80 dBA for ten minutes) is prohibited in the C-S zone. The regulations provide for variances for previously established uses or certain other circumstances. The Noise Element indicates that an interior noise level of 45 dBA (Ldn) or less is needed for church uses. Any exterior noise which caused an interior noise level of 60 dBA for even a short period would be found to be annoying during church services or meetings. Thus, any church building would have to provide mitigation measures which would : a. Reduce transmission of exterior noise to interior spaces by at least 35 dB. This would involve airconditioning of interior spaces, and might involve special noise insulation construction methods such as double glazing and double walls. b. Reduce exterior ambient noise levels. This could be accomplished by use permit or other land use controls on large, isolated sites. Land use controls could be established based on typical church activity schedules; it might be feasible to allow uses generating moderate noise levels to operate during normal weekday business hours. 2-2010 ER63-87 Page 3 Note that the noise levels generated in the C-S zone are comparable to _traffic noise generated on a busy street; many churches are located in areas where traffic noise would be comparable to C-S ambient noise levels. Conclusion: Special noise mitigation measures would be required in most cases, but would be routinely provided. In special cases where noise mitigation were difficult or impossible, it seems unlikely that a use permit would be approved. III. Staff Recommendation Staff recommends that a negative declaration be approved for this project. It seems unlikely that significant adverse impacts will occur. 2- 27