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.
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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. )
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����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.
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�����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.
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�►�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.
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����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
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A recurrin �. - -
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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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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