HomeMy WebLinkAbout03/19/1991, 3.B - GP/R 1502 - CONSIDERATION OF AMENDING THE LAND USE ELEMENT AND ZONING MAPS TO CHANGE THE DESIGNATIONS FROM NEIGHBORHOOD-COMMERCIAL TO MEDIUM DENSITY RESIDENTIAL FOR PROPERTIES AT 2011 CHORRO STREET AND 2012 BROAD STREET. p�`
Original agenda re, t from 3/5/91 meeting. M8 nNGo �e:
iWll�lllll1ull�Yl�l {I cityof San! lUiS OUISpO
MEM NUM ER:
I ,
MICma COUNCIL AGENDA REPORT
FROM of Arnold Jonas, Community Development Director; By: Jeff
Hookociate Planner
/i
SUBfECT: GP/R 1502 - Consideration of amending the Land Use
Element and Zoning maps to change the designations from
neighborhood-commercial to medium density residential for
properties at 2011 Chorro Street and 2012 Broad Street.
CAO RECOMMENDATION: Adopt a resolution and an ordinance which 1)
affirm the negative declaration of environmental impact; and 2)
amend the general plan and rezone the properties from neighborhood-
commercial (C-N) to medium-density residential (R-2) as shown in
Exhibits "A" and "B. "
REPORT-IN-BRIEF
The report concludes that medium-density residential use is
compatible with adjacent uses, that it is consistent with city land
use policies, and recommends approval of the general plan amendment
and rezoning. This neighborhood has historically had a mix of
businesses and dwellings, and the proposed rezoning would continue
that pattern. It may also help reduce pressures to convert the
properties to commercial use.
BACKGROUND
At its February 13th meeting, the Planning Commission recommended
that the City Council approve the general plan amendment and
rezoning. One letter opposing the rezoning was received (letter
attached) . The City Council initiated this rezoning on November
20, 1990 when it approved a tentative parcel map creating two lots
from one lot at the above addresses. As part of its action, the
council directed staff to initiate rezoning of both properties from
neighborhood-commercial (C-N) to medium-density residential (R-
2) . Each lot has a house and a yard, with one house facing Chorro
Street, and the other facing Broad Street. The intent of the
rezoning and of the previous minor subdivision is to allow the
existing residential use to continue, and to preserve housing along
this section of Broad Street. To maintain consistency, the general
plan must also be amended, changing the land use designation from
neighborhood-commercial to medium-density residential.
SIGNIFICANT IMPACTS
No significant environmental impacts are likely. The proposed
amendment and rezoning would merely continue the neighborhood's
historic land use pattern, characterized by mixed commercial and
residential uses. No new development is planned, and the rezoning
will allow the existin4 housing to continue as an allowed use.
���� ►�NIIIII�J�niy18111 MY Of San LUIS OBISPO
COUNCIL AGENDA REPORT
Staff Report
Page 2
CONSEQUENCES OF NOT TAKING THE RECOMMENDED ACTION
If the rezoning is not approved, the two lots will continue to be
zoned C-N. According to one of the property owners, this would
make it difficult to secure financing for home improvements, and
encourage property owners to convert housing to commercial uses.
Without the reaoning, the houses could remain and the residential
uses continue two ways: 1) as legal, non-conforming uses, and 2)
as conditionally allowed uses with approval of an administrative
use permit. As a legal, non-conforming use, the residential uses
would have to be replaced with conforming uses if the residential
use were abandoned for a continuous period of six months or more.
DATA SUMMARY
Applicant: City of San Luis Obispo
Property Owners: 2011 Chorro Street - Alan and Susan MacMeekin;
2012 Broad Street - Paul D. Porter
Zoning: C-N
General Plan: Neighborhood-commercial
Environmental Status: Negative declaration
Site Data: The two lots are located in a neighborhood of mixed
residential and commercial uses, in a triangular-shaped block
bounded by Broad, High, and Chorro Streets. Adjacent uses include
professional offices and houses to the north, east, and south; and
houses, apartments, a beauty salon, and a service station across
Broad Street to the west. No significant vegetation exists on the
properties.
PLANNING COMMISSION RECOMMENDATION
At its February 13, 1991 meeting, the Planning Commission voted 5
to 2 to recommend that the City Council amend the general plan and
rezone the two lots from C-N to R-2 as initiated by the City
Council. Commrs. Hoffman and Karleskint were concerned with
possible traffic conflicts resulting from residential driveways
along Broad Street, a State highway and arterial street. They
preferred that properties fronting on Broad Street remain C-N
zoned.
Zoning History
Residential uses are conditionally allowed in the C-N zone. The
zone also allows a range of commercial uses like grocery and drug
stores, restaurants, beauty salons, bike shops, branch banks or
savings and loans, and specialized retail shops. During the
citywide rezoning in 1977-78, the Planning Commission and City
���� i�H��lllll�11►' city of san Luis oBispo
COUNCIL AGENDA REPORT
Staff Report
Page 3
Council considered the idea of rezoning this entire block to
medium-density residential (R-2) . A small portion of the block was
then zoned R-2. The Council eventually decided to rezone all but
one lot to C-N. At that time, the Planning Commission and City
Council determined that C-N was more consistent with the changing
character of the neighborhood, and that it would promote General
Plan goals for improved neighborhood shopping opportunities. The
overall land use strategy in this area was to provide a contiguous
C-N "strip" along both sides of Broad Street between Alphonso
Street on the south to Upham Street on the north.
General Plan Policies
The proposed rezoning appears consistent with general plan land use
and housing policies which encourage medium-density housing near
neighborhood commercial facilities and public facilities; where
utilities, circulation, and neighborhood character can accommodate
such development; and where a property is equally well suited to
either residential or commercial uses, residential shall be given
higher priority. The rezoning may not be consistent with policies
encouraging medium-density residential uses to be accessible from
collector streets; to prevent scattered, small-scale convenience
commercial uses within residential zones; and to protect and buffer
residential uses from arterial streets and incompatible, non-
residential uses.
For example, the rezoning helps preserve housing in the Old Town
neighborhood; however it would affect only two lots -- adjacent
lots on both sides would remain C-N, resulting in a mix of C-N and
R-2 zoning in this block. Also, it requires that the new lot on
Broad Street continue to take access from Broad Street, a
relatively high-volume arterial street.
The council-approved lot split does not affect current land uses;
however the subdivision limited the feasibility of C-N uses in the
future since the resultant lots will be smaller and have only one
street frontage, thereby reducing their access, visibility, and
developable area. For example, Parcel 1 has access only onto Broad
Street -- a. arterial street with an average daily traffic volume
(ADT) of about 10,400 vehicles per day. Secondary access to a
collector street is desirable, particularly if the property remains
commercially-zoned. Parcel 2 which faces Chorro Street, a
residential collector, would lose its potential for access and
visibility from Broad Street (State Highway 227) . The Land Use
Element (LUE) encourages C-N uses to have access from arterial
streets to avoid the concentrated use of residential collector or
local streets for truck delivery or customer traffic.
III��INII�IIIII^IIIp�II�III MEETING GATE:
II Ill�ull
city of san 1U1 c J O1uISF�y�O ITEM NUMBER:
COUNCIL AGENDA REPORT
Staff Report
Page 4
To resolve the access concern, the minor subdivision's conditions
of approval and negative declaration required dedication of
reciprocal, private easements to allow safer access for future
commercial uses, and to comply with LUE policies regarding access
for commercial lots. The subdividers are required to dedicate 12-
foot wide access easements along either the side or rear property
lines if and when either lot were converted to commercial use.
ALTERNATIVES
1. Continue the rezoning with direction to staff on changes or
additional information needed; or
2. Deny the general plan amendment and rezoning if the council
determines it to be inconsistent with city land use policies.
RECOMMENDATION
Adopt the attached resolution and ordinance which: 1) affirm the
negative declaration of environmental impact, and 2) amend the
general plan and rezone the property as shown in Exhibits "A" and
"B. "
i
i
I
Attachments:
- icinity Map
Tentative Parcel Map MS 90-257
Draft Resolution and Exhibit "A": GP map amendment
Draft Ordinance and Exhibit "B": rezoning map
-Initial environmental study
-2/13/91 Planning Commission minutes
RESOLUTION NO. (1991 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE GENERAL PLAN MAP AT 2011 CHORRO STREET AND 2012 BROAD STREET
FROM NEIGHBORHOOD-COMMERCIAL TO MEDIUM-DENSITY RESIDENTIAL (GP/R 1502)
WHEREAS, the Planning Commission and the City Council have
held public hearings on the proposed amendment in accordance with
the California Government Code; and
WHEREAS, the amendment comes to the council upon the
recommendation of the Planning Commission; and
WHEREAS, the potential environmental impacts of the amendment
have been evaluated in accordance with the California Environmental
Quality Act and the City's Environmental Guidelines.
NOW, THEREFORE, the council resolves as follows:
by the Council of the City of San Luis Obispo, as follows:
SECTION 1. Findings.
1. The proposed general plan amendment is consistent with the
general plan land use element because it encourages the
preservation of housing, protection of residential areas from
incompatible commercial uses, and discourages scattered small-
scale neighborhood-commercial uses in residential
neighborhoods.
2 . The proposed general plan amendment and rezoning will not be
detrimental to the health, safety, or welfare of persons
living or working on the site or in the vicinity of the
project site.
SECTION 2. Environmental Determination. An initial
environmental study (ER42-90) has been prepared and the council
hereby approves a negative declaration. .
SECTION 3. Map Amendment. The General Plan Land Use Element
map is hereby amended from neighborhood-commercial to medium-
density residential as shown on the attached Exhibit "A. " The
Community Development Director shall cause the change to be
reflected on maps on display and published by the city.
On motion of , seconded by
and on the following roll call vote:
AYES:
Council Resolution No. (1991 Series)
Page 2
NOES:
ABSENT:
the foregoing resolution was passed and adopted this day
of
1991.
Mayor Ron Dunin
ATTEST:
City Clerk, Pam Voges
APPROVED:
City A 'nistrative Officer
C
ro
Community Dev 1 pment Director
Attachment: Exhibit "A", Land Use Map amendment
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General Plan Amendment 1502: Amend general plan
to change designation from neighborhood-commercial � :: :•;;''`."
.•� to medium-density residential at 2012 Broad St. � ti'•• -'•-• '
and 2011 Chorro St.
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ORDINANCE NO. (1991. SERIES)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
REZONING PROPERTY AT 2011 CHORRO STREET AND 2012 BROAD STREET
FROM C-N TO R-2 (GP/R 1502)
WHEREAS, the Planning Commission and the City Council have
held hearings to consider the appropriate zoning on the subject
property in accordance with Section 65800 et. seq. of the
California Government Code; and
WHEREAS, the text amendment has been evaluated according to
the California Environmental Quality Act and the City' s
Environmental Guidelines, and has been granted a negative
declaration (ER 42-90) ; and
WHEREAS, the proposed rezoning 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. Environmental Determination. After review and
consideration, the determination of the Community Development
Director to grant a negative declaration of environmental impact
is hereby approved.
SECTION 2. Zoning May Amendment. That 2011 Chorro Street and
2012 Broad Street shall be rezoned from C-N to R-2 as shown in the
zoning map attached hereto and marked Exhibit "B. "
SECTION 3. Publication. This ordinance, together with the
names of councilmembers voting for and against, shall be published
once in full, at least (3) days prior to its final passage, in the
Telegram-Tribune, a newspaper published and circulated in this
city. This ordinance shall go into effect at the expiration of
thirty (30) days after its final passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City
of San Luis Obispo at its meeting held on the day of
1991, on motion of
seconded by and on the following roll call
vote:
AYES:
NOES:
ABSENT:
n Q
Ordinance No. (1991 Series)
Page 2
Mayor Ron Dunin
ATTEST:
City Clerk
APPROVED:
t A inistrative Officer
i tt
1✓
Community Deve ment Director
Attachment: . Exhibit "B"
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Cly/ of San WIS OBISpo
,ii(^a,l�ri�!i, r ri a iry,
INITIAL STUDY OF ENVIRONMENTAL IMPACT
SITE LOCATION 2011 Morro Street; 2012 Broad Street APPLICATION NO. 7` 4?_00
PROJECT DESCRIPTION Change the zoning designation of nronerties at 2011 Morro Street and
2012 Broad Street fron C- d ('Neighborhood Commercial) to R-2 Gled-Jum-density Residential')
APPLICANT City of San Luis Obisno
STAFF RECOMMENDATION:
X NEGATIVE DECLARATION —MITIGATION INCLUDED
EXPANDED INITIAL STUDY ENVIRONMENTAL IMPACT REPORT REQUIRED
PREPARED BY Jeff Ho s ciate Planner DATE 1/4/91
COMMUNITY DEVELOPMENT DI ECTO 'S 4C ION: DATE 01/9I
'
N�MVE. �•
SUMMARY OF INITIAL STUDY FINDINGS
I.DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING
II.POTENTIAL IMPACT REVIEW POSSIBLE ADVERSE EFFECTS
A. COMMUNITY PLANS AND GOALS ................................................. ... None'
B. POPULATION DISTRIBUTION AND GROWTH .......................................... None
C. LAND USE ............41.......................................................... done*
D. TRANSPORTATION AND CIRCULATION .............................................. ;done
I: PUBLIC SERVICES ........................................ .................. ...... None
F. UTI LITIES........................................................................ 'lone
G. NOISE LEVELS ................................................................... Mone
H. GEOLOGIC&SEISMIC HAZARDS&TOPOGRAPHIC MODIFICATIONS ..... .............. done
I. AIR QUALITY AND WIND CONDITIONS......... . ......................... . .. .0. ....... None
J. SURFACE WATER FLOW AND QUALITY .............................................. -one
K PLANT LIFE............................... ....................................... ?done
L ANIMAL LIFE.................................................................. ... .'done
M. ARCHAEOLOGICALIHISTORICAL ................................................... done
N. AESTHETIC ...................................................................... None
0. ENERGY/RESOURCEUSE ............ ..... . ....... . ............. �?
onP
P. OTHER ................................ . ... ...... .................. .. ........ ....
111.STAFF RECOMMENDATION
Negative Declaration
'SEE ATTACHED REPORT SS-85
Initial Environmental Study, ER 42-90
Page 3
C. Land Use
There do not appear to be strong environmental factors or General Plan policies which
would give preference to either commercial or residential designation for these lots. City
policies encourage commercial development of lots with frontage onto arterial streets,
like this section of Broad Street (State Highway 227), and favor residential uses along
residential collector streets. Of the three streets bordering the block, each has a mix of
residential and commercial uses.
Residential uses are conditionally allowed in the C-N zone. The zone also--allows a
range of commercial uses like grocery and drug stores, restaurants, beauty salons, bike
shops, branch banks or savings and loans, and specialized retail shops. During the
citywide rezoning in 1977-78, the Planning Commission and City Council considered the
idea of rezoning this entire block to medium-density residential (R-2). As now, a small
portion of the block was then zoned R-2. The Council eventually decided to maintain
the predominant C-N zoning, since it was felt that C-N was more consistent with the
changing character of the neighborhood, and that it would promote General Plan goals
for improved neighborhood shopping opportunities.
The proposed rezoning reflects, at least in part, the city's preference for larger C-N
centers instead of the 'previous land use strategy in this area which provided for a
contiguous C-N "strip" along both sides of Broad Street between Alphonso Street on the
south to Upham Street on the north. Broad Street, between South Street and the
downtown, traverses one of the city's oldest residential neighborhoods — a neighborhood
which evolved with a mix of residential and commercial uses. The General Plan
encourages preservation of residential neighborhoods, and provides for mixed residential
and commercial uses where they are compatible. Given the existing street layout, historic
pattern of land uses in the neighborhood, and city policies encouraging mixed uses, the
proposed rezoning appears consistent with General Plan policies and would not have a
significant effect on traffic and circulation, growth rate, utilities, or other environmental
factors.
Significant Impact: None.
III. STAFF RECOMMENDATION: Negative Declaration
Attachments: Exhibit "A", tentative parcel map MS 90-185.
,,3r8'l�
Initial Environmental Study, ER 42-90
Page 2
I. DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING
The site consists of two, C-N zoned lots, each with an existing house. The owners
recently received city approval to split the pre-existing 8,705 square foot lot into two lots,
each with one existing house (MS 90-185). Lot A, owned by Alan and Susan Mac
Meekin (as joint tenants), fronts onto Chorro Street and covers 4,250 square feet. Parcel
B, owned by Paul D. Porter fronts onto Broad Street and covers 4,455 square feet. The
lot split locates the new lot line along an existing fence which separates the rear yards
of the two properties.
Although the property is zoned C-N (Neighborhood Commercial), the City Council
initiated rezoning of the property to R-2 (Medium-density Residential) as part of its
action approving the lot split. The proposed rezoning would merely recognize the lots'
longstanding residential use; no new development is proposed. This initial study
addresses possible adverse impacts of the proposed rezoning. See initial study ER 19-
90 for further information on Minor Subdivision 90-185.
The site is located in a neighborhood of mixed residential and commercial uses. The
site is located on a triangular-shaped block bounded by Broad, High, and Chorro Streets.
Adjacent uses include professional offices and houses to the north, east, and south; and
houses, a beauty salon and a service station across Broad Street to the west. No
structures or significant vegetation would be affected by this rezoning.
IL POTENTIAL IMPACT REVIEW
A. Community Plans and Goals
General Plan Consistency. To maintain consistency between the General Plan and the
proposed rezoning, the General Plan will need to be amended to show medium-density
residential for the subject lots. Historically, these lots have been designated for
residential and commercial uses at various times. For example, the 1966 General Plan
showed this entire block as low - medium density residential, and was zoned "R-C',
allowing mixed residential and commercial uses.
These two lots, as well as most of the adjacent lots, are designated as Neighborhood-
Commercial in the city's General Plan. This designation allows retail sales, services, and
offices serving primarily neighborhood or convenience shopping needs. Only one of the
seven lots within this triangular-shaped block is zoned residential -- the lot at 2003/2005
Chorro Street, just north of lot A. The proposed rezoning would enlarge the R-2 zoning
in this block as shown in Exhibit "A", attached.
Significant Impact: None. By amending the General Plan concurrently with the city-
initiated rezoning, the City Council can resolve the policy conflict.
9,8-/4,
VOLNY CONSTRUCTION, INC. CONTRACTORS LICENSE NO. 217)0$
1920 BROAD STREET • PHONE 18051 543-3767
SAN LUIS OBISPO. CALIFORNIA 93401
(1LV�11i'Y
February 12, 1991
FEB 121991
Planning Commission c,,,ad Son LUIS Obm*
P.O. Box 8100 ^mmunRy!1eveloom-
San Luis Obispo, CA 93403-8100
On February 13, 1991, you are reviewing a request to amend the land use element and zoning
map to change the designation of property located at 2011 Chorro Street and 2012 Broad
Street as shown on Map GP/R1502 from neighborhood commercial (C-N) to medium density
residential (R-2).
We, the property owners at 1920 Broad Street, are opposing the change from (C-N) to (R-2)
at 2012 Broad Street. The property located at 2011 Chorro to (R-2) conforms to the
neighborhood use and we are not in opposition to this change.
Our property and other properties from Upham Street, North to South Street-South were
addressed in a hearing for tentative zoning change some years back. The planning
commission elected not to change zones to "R" designation for many reasons. Some of the
reasons discussed at that meeting in opposition to the zone change were:
1. Highway 227 is a heavily traveled main arterial serving the South County and
also serves commercial, residential and manufacturing areas off Highway 227.
2. Heavy traffic is not conducive to a residential use where children are playing
and are crossing four lanes to get to school.
3. There are presently only five residential uses along this stretch of road. The
balances of uses are commercial in nature. A Change to a "R" designation would
make the largest percentage of uses now existing become non-conforming.
We still consider these as significant, valid reasons against rezoning to an "R-2" zone.
Sincerely;l
Vo Construction, Inc.
A. �(olny, President
20 Broad Street
ArAV
X8-/7
Y Draft PC Minutes N -�'.Q J AGV?
February 13, 1991
- ff S
make a second motion regar Ing initiation of rezoning. He felt
a majority of the Commissi n was making a land use decision.
VOTING: AYES - Commrs . eterson, Kourakis, Karles,
Schmidt, Williams, and Hoffman. s �1
NOES - Commr . G rnee . MAR
ABSENT - None . S 1991
The motion passed. ,AN cin
B A
Op
LUS , CA
Rob Strong expressed disap ointment that the General Plan
Amendment was continued to resolve GP Amendments and questioned
why a recommendation to the City Council to see if they agree
instead of making the applicant wait for six months . He said he
believed the Commission made an error and added he was going to
see if the applicant could appeal the continuance because of the
inaction of the Commission.
In answering a question of Commr . Schmidt, Arnold Jonas said the
Commission could initiate a recommendation to the City Council to
amend the ordinances the Commission is recommending.
Cindy Clemens recommended noticing it for a public hearing as it
is an action that was not on the agenda . She suggested directing
staff to come back with a taff report .
Arnold Jonas said since wo k had been started by a subcommittee,
it might be appropriate to add a member to that committee to
draft a proposal and staff would assist .
Commr . Schmidt volunteered o be on the subcommittee .
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Item 7 . Consid-
eration of amending the Land Use Element map and
zoning map to change the designations from neighbor-
hood-commercial (C-N) to medium-density residential
(R-2 ) for property at 2011 Chorro Street and 2012
Broad Street; City of San Luis Obispo, applicant .
(Continued from January 30, 1991 )
----------------------------------------------------------------
Jeff Hook presented the staff report and recommended the
Commission affirm the negative declaration and recommend that the
City Council amend the General Plan and rezone the property from
neighborhood-commercial to medium-density residential, with or
without changes discussed in the staff report . He presented
several scenarios for rezoning. one lot at High and Chorro is
R-2, the rest are C-N. The proposal before the Commission would
rezone 2 lots to R-2 . One alternative was to rezone the 2 lots
and 3 additional lots, and another alternative was to rezone
residential use on Chorro and keep commercial zoning on Broad
with 2 lots on Chorro being rezoned to R-2 . Staff recommended the
Commission recommend to the City Council any of the alternatives
as they are all consistent with the General Plan .
Draft PC Minutes
Page 2
COW= . Kourakis mentioned that leaving current residential lots as
legal non-conforming make it hard for residents to get a loan for
home improvements .
Chairman Hoffman opened the public hearing .
Alan MacMeekin, 2011 Chorro Street, said he did not have any
objections to any of the proposed zoning options.He said his
preference was to have residential R-2 on both Broad and
Chorro Streets . He said Paul Porter was did not care about the
zoning change .
Chairman Hoffman closed the public hearing.
Comma. Gurnee moved to approve the rezoning shown on Exhibits A
and B with the recommended findings.
Commr . Schmidt seconded the motion .
Commr . Karleskint said he did not support the motion because he
did not think it was proper to rezone the lot on Broad street .
He said he preferred Exhibit D, Alternative #2.
Commr . Hoffman agreed with Commr . Karleskint.
VOTING: AYES - d rs . Gurnee, Schmidt, Kourakis, Peterson,
an
NOES - COmmrs . Karleskint and Hoffman.
ABSENT - None .
The motion passed.
------------------------------------------------ Con-
Item 9 .
sideration amendin the Land Use Element map and
zoning map to cha a designations from conservation/
ni-
open space, for o erty at theOcity,stwastewater
public (PF) for p p y applicant .
treatment plant; ity of San Luis Obispo, app
(Continued from J nuary 30, 1991) ------------------
--------------------------- --
Jeff Hook presented the sta f report and recommended the
Commission recommend to the City
AnsweCouncil
ng aaquestil of the
General
Plan Amendment and rezoning
ME -
Schmidt, he explained a use permit would govern the uses for the
site in question .
Commr . Schmidt said he rec ived a telephone call from a citizen
who preferred to remain an nymous who said it was the most ugly
entrance to the City, and hat ' s worse it ' s of the City' s own
doing . He expressed conte n that this could open the door to
unwanted surprises .