HomeMy WebLinkAbout08/06/1991, 5C - REQUEST TO AMEND THE GENERAL PLAN LAND USE MAP AND ZONING MAP TO CHANGE THE DESIGNATIONS FROM NEIGHBORHOOD COMMERCIAL (C-N) TO OFFICE - SPECIAL CONSIDERATIONS (O-S) FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF FOOTHILL BOULEVARD AND TA ����N�I���I�IIIIIIIIII III '1'1/ MEETING DATE:
I� ���l CI y,' O f San LUIS OBISpo -� I/
COUNCIL AGENDA REPORT ITEM NUMBER:
FROM: Arnold Jonas, Community Development Director .
PREPARED BY. Greg Smith, Associate Planner-
SUBJECT. Request to amend the General Plan Land Use Map and Zoning Map to change
the designations from Neighborhood Commercial (C-N) to Office - Special
Considerations (O-S) for property located at the southwest corner of Foothill
Boulevard and Tassajara Street.
CAO RECOMMENDATION:
Adopt a resolution and ordinance approving General Plan amendment and rezoning
GP/R 1510.
REPORT IN BRIEF:
The report analyzes several issues which are relevant to the proposed rezoning. It is
questionable whether the rezoning is consistent with General Plan policies. At a
minimum, some limitations on the types of office uses allowed would be needed.
Development of the site under proposed office zoning will likely be as compatible with
neighboring residential uses, or more compatible, than C-N development would be.
Residential zoning may be more consistent with relevant policies than either C-N or O
zoning. Regardless of the type of development which occurs, some limitation on
driveway locations and traffic generation are appropriate.
DISCUSSION:
Background
The Planning Commission reviewed this request on May 22 and June 26, 1991, and
recommends approval of O-S zoning. Planning staff originally recommended residential zoning;
letters and a petition in support of R-1 zoning have been submitted by neighbors, and are
attached.
Data Summary
Address: 399 Foothill Blvd.
Applicant: Dan Lemburg
Representative: Dan Lemburg
Current Zoning: C-N
Current General Plan: Neighborhood Commercial
Proposed Zoning: O
Proposed General Plan: Office
Environmental Status: Negative declaration approved by Director.
Project Action Deadline: Not applicable to General Plan and rezoning actions.
GP/R 1510
Page 2
Site Description
The site is a 70'x146'parcel, developed with an 1800 square-foot commercial building and eight
parking spaces. The site is surrounded by houses and apartments. There are several small
trees on the site; but there is no other significant vegetation: An underground storm drainage
pipe crosses the rear of the.site.
Development History
The existing building was originally constructed as a neighborhood food market, and apparently
pre-dated the adoption of the city's first zoning regulations in 1947. The market existed as a
legal nonconforming use with R-1 zoning until the citywide rezoning program (following the
General Plan update in 1977), when it was rezoned to C-N.
In 1982, the market was replaced by a bicycle shop, and the building is currently vacant. The
Architectural Review Commission has approved demolition of the existing building, and
construction of a 2600 square-foot commercial building (with 12 parking spaces). Reduced
copies of the plans are attached; larger scale plans will be available for review at the
Community Development offices and at the hearing.
EVALUATION
Staff has identified several issues related to General Plan policies and land use compatibility
which the council should consider in evaluating the proposed rezoning:
1. General Plan Policies
The text of the Land Use Element includes two policies relevant to the proposed rezoning:
"Isolated office uses within residential areas or convenience commercial centers should
be.discouraged. ... [E]xpansion of office areas outside the periphery of the Central
Business District may be provided for only when such areas ... are based on an
established group of offices. ... [T]he dispersion of banks, real estate offices,financial
institutions, medical clinics, and doctors offices, and lawyers offices throughout the city
is prohibited." (Land Use Element page 17.)
"Scattered, small-scale, convenience commercial stores within established residential
neighborhoods may be retained where their operation has proven compatible with
surrounding uses. Existing stores should be evaluated as to the conditions and character
of their operations and encouraged to improve,where necessary, to better integrate with
surrounding residential land uses. Where evaluations show compatibility [problems]
and/or lack of market needs, the city should. prohibit the intensification and/or
expansion of isolated neighborhood facilities and should provide for their long-term
replacement with land uses typical of the surrounding neighborhood." (Land Use
Element page 16.)
Similar policies are included in the study draft of the Land Use Element revisions.
GP/R 1510
Page 3
The Planning Commission determined that the rezoning would be consistent with the General
Plan, if the types of office use allowed were limited to those which would be consistent with
the office dispersion policy.
It is not clear that the proposed rezoning is consistent with the policies noted above, in staffs
judgement. If it is no longer feasible to provide neighborhood commercial uses which are
compatible with the surrounding residential neighborhood, residential use may be appropriate
for the site.
The proposed rezoning - taken by itself - would not have a significant impact on the citywide
supply and demand of office space. There are several other small C-N parcels in the city which
are completely or partially surrounded by residential uses, however; the council should consider
whether the proposed rezoning might establish a precedent for similar rezoning requests.
2. Land Use Compatibility
Because the site adjoins R-1 zoning on the.south and west, and because of the site's small size,
compatibility with residential uses is of particular concern.
The ARC concluded that the design of the new commercial building proposed for the site
adequately addresses compatibility concerns expressed by the neighbors, and staff believes that
an office building of a similar size would be equally or more compatible.
The Planning Commission indicated that the special considerations overlay zone is intended
to insure compatibility between the type and scale of office development on this site and the
surrounding residential use, and to insure that building setbacks and other site planning
features provide for compatible development. In addition to the"S"zone requirements, specific
findings regarding compatibility are specified in the Zoning Regulations (Footnote 11,
attached).
3. Circulation
Staff and the commission have noted concerns with potential traffic conflicts related to
driveway locations too close to the Foothill/Tassajara intersection, and related to generation
of significant new amounts of traffic. The commission recommends that the special
considerations zone be used to insure appropriate location of driveways serving the site, and
to limit uses to those which will not generate volumes of traffic which cannot be handled safely
by adjoining streets.
ALTERNATIVES
1. The council may deny the amendment request. Appropriate findings are included in the
attached resolution for denial.
2. The council may continue consideration of the amendment request, with direction to
staff and the applicant regarding additional information needed. Note that it is desirable
to process general plan amendments in groups, due to annual limits on amendments
imposed by state law.
3. If the council supports residential zoning for the site (such as R-1 or R-2) , the council
5C -3
GP/R 1510
Page 4
must take a separate action to initiate an appropriate General Plan amendment and
rezoning. A new initial study of environmental impact would be required as part of the
amendment process.
FISCAL IMPACT
No significant effect on city revenues or expenses is expected.
RECOMMENDATION
Adopt the attached draft resolution amending the General Plan Land Use Map, and pass to
print the attached ordinance rezoning the site from "Neighborhood Commercial" to "Office -
Special Considerations". The resolution and ordinance include the findings and special
considerations recommended by the Planning Commission.
Attachments: Draft resolutions and ordinance for approval, denial
Vicinity Map
Applicant's Statement
Letter and Petition from Neighbors
General Plan Policies
Initial Study
Planning Commission Minutes (5/22/91, 6/26/91)
ARC Plans
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RESOLUTION NO. (1991 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AN APPLICATION TO AMEND THE GENERAL PLAN
LAND USE MAP DESIGNATION FOR PROPERTY LOCATED AT
399 FOOTHILL BOULEVARD (APPLICATION GP/R 1510)
WHEREAS, the Planning Commission conducted public
hearings on application No. GP/R 1510 on May 22 and June 26, 1991,
and recommended approval of the application; and
WHEREAS, the City Council has conducted a public hearing
on August 6, 1991, and has considered the testimony and statements
of the applicant, and other interested parties, and the records of
the Planning Commission hearing and action, and the evaluation and
recommendation of staff;
NOW, THEREFORE, the council resolves to approve
application No. GP/R 1510 to amend the General Plan Land Use Map
designation for the site from Neighborhood Commercial to Office,
as shown on attached Exhibit A, and based on the following
findings:
SECTION 1. Findings.
1. The proposed amendment to the General Plan Land Use Map is
consistent with adopted policies in the Land Use Element of
the General Plan.
2. The resulting pattern of land uses will be appropriate for
this section of the community.
3 . The site is suited for office uses.
4. The proposed amendment will not have a significant adverse
impact on the environment, and the negative declaration filed
by the Director is hereby approved by the Council.
On motion of
seconded by and on the
following roll call vote:
Resolution No. (1991 Series)
GP/R 1510
Page 2
AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this day
of , 1991.
Mayor
ATTEST:
City Clerk
APPROVED:
City A inistrative Officer
CityAtftto e
aAQ
Community Developiexit Director
���1U
ORDINANCE NO. (1991 SERIES)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
AMENDING THE OFFICIAL MAP TO REZONE PROPERTY AT
399 FOOTHILL BLVD. FROM C-N (NEIGHBORHOOD COMMERCIAL)
TO O-S (OFFICE - SPECIAL CONSIDERATIONS) (GP/R 1510)
WHEREAS, the Planning Commission conducted public
hearings on application No. GP/R 1510 on May 22, 1991 and June 26,
1991, and recommended approval of the proposed rezoning; and
WHEREAS, the City Council has conducted a public hearing
on August 6, 1991, and has considered the testimony and statements
of the applicant, and other interested parties, and the records of
the Planning Commission hearing and action, and the evaluation and
recommendation of staff;
BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The council approves application No. GP/R 1510,
thereby amending the Official Zoning Map designation for the site
from Neighborhood Commercial to Office - Special Considerations,
as shown on Exhibit A attached, based on the following findings:
SECTION 2 . Findings.
1. The proposed amendment to the Zoning Map is consistent with
adopted policies in the Land Use element of the General Plan.
2. The resulting pattern of land uses will be appropriate for
this section of the community.
3 . The site is suited for office uses.
4. The proposed amendment will not have a significant adverse
impact on the environment, and the negative declaration filed
by the Director is hereby approved by the Council.
SECTION 3 . Special Considerations Overlay Zoning Designation
Review of development proposals at the site shall take into
account the following special considerations:
a. The special considerations overlay zone is intended to
insure that. uses which may locate on this site are
compatible with Land Use Element policies related to
appropriate location for specific types of office uses,
and which currently state that "the dispersion of banks,
real estate offices, financial institutions, medical
clinics and doctors offices, and lawyers offices
throughout the city is prohibited.
5C -7
Ordinance No. (1991 Series)
GP/R 1510
Page 2
b. _ The special considerations overlay zone is intended to
insure compatibility between the type and scale of office
development on this site and the surrounding residential
use, and to insure that building setbacks and other site
planning features provide for compatible development.
C. The special considerations zone is intended to insure
appropriate location of driveways serving the site, and
to limit uses to those which will not generate volumes
of traffic which cannot be handled safely by adjoining
streets.
SECTION 4. This ordinance, together with the names of council
members 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:
Mayor
ATTEST:
City Clerk
5C- g
Ordinance No. (1991 Series)
GP/R 1510
Page 3
APPROVED:
City A ministrative Officer
e
ltiO—Atelorliey
Community Devel4ohlnt Director
RESOLUTION NO. (1991 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPLICATION TO AMEND THE GENERAL PLAN
LAND USE MAP DESIGNATION FOR PROPERTY LOCATED AT
399 FOOTHILL BOULEVARD (APPLICATION GP/R 1510)
WHEREAS, the Planning Commission conducted public
hearings on application No. GP/R 1510 on May 22 and June 26, 1991,
and recommended approval of the application; and
WHEREAS, the City Council has conducted a public hearing
on August 6, 1991, and has considered the testimony and statements
of the applicant, and other interested parties, and the records of
the Planning Commission hearing and action, and the evaluation and
recommendation of staff;
NOW, THEREFORE, the council resolves to deny application
No. GP/R 1510 to amend the General Plan Land Use Map and Official
Zoning Map designations for the site from Neighborhood Commercial
to Office, based on the following findings:
SECTION 1. Findings.
1. The proposed amendment to the General Plan Land Use Map is
not consistent with adopted policies in the Land Use Element
of the General Plan.
2. The resulting pattern of land uses will not be appropriate for
this section of the community.
3 . The site is not suited for office uses.
on motion of
seconded by and on the
following roll call vote:
Resolution No. (1991 Series)
GP/R 1510
Page 4
AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this day
of , 1991.
Mayor
ATTEST:
City Clerk
APPROVED:
City A inistrative Officer
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VICINITY MAP GP/R 1510 "°'M'H
REZONE FROM C N TO O
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Statement for Proposed Zoning Change
In regard to the planning application filed for 399 Foothill Blvd. ,
I am proposing a zoning change for the property from Neighborhood
Commercial (CN) to Office (0) Zoning. This change is warranted by
the fact that an office use of the property is much more compatible
with properties surrounding it than the uses currently permitted
under its CN zoning.
This change should be considered a down-zoning in that the level of
activity generated by a use permitted in an office zone is lower
than that of the current uses permitted. This lower level of
activity is more desirable to the surrounding property owners.
The current CN zoning provides for retail uses such as liquor,
video, or . drug stores, bars and taverns, restaurants, bakeries,
laundries, and beauty shops, as well as other high traffic uses.
Office zoning would allow for medical or general office use which
in turn would generate a much lower level of activity and noise to
the surrounding properties. One large consideration is that office
uses typically conform to standard daytime business hours while
most retail uses would be open for business evenings and weekends.
The city's Architectural Review Committee has already approved a
plan for the redevelopment of the property which ideally suits the
proposed change to Office zoning.
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lali7il 990 Palm Street/Post 011ice Box 8100 • San Luis Obispo, CA 90400.8100
APPEAL TO CITY COUNCIL
In accordance with the appeals procedure as authorized by Title I . Chapter
1 . 20 of the San Lula Obispo Municipal Code. the undersigned hereby appeals
from the decision of PLANNING COMMISSION GP/R 1510 rendered
on June 26, 1991 which decision consisted of Elie following ( i .e .
set forth factual situation and the grounds for submitting this appeal .
Use additional sheets as needed) : We appeal the narrowly-passed Planning
Commission decision which improperly rezoned an isolated, "grand-
fathered in", neighborhood commercial parcel in our residential
neighborhood to office zoning. Itis a violation of General Plan
policy to permit the creation of new office-zoned islands in the
middle of residential neighborhoods . The General Plan Professional
Office Policy states , "Isolated office uses within residential areas
or convenience commercial centers should be discouraged. Top priority
should be given to infill of professional office development in
areas adjacent to the central business district. CONTINUED USE AND
LIMITED EXPANSION OF OFFICE AREAS OUTSIDE THE PERIPHERY OF THE
CENTRAL BUSINESS DISTRICT MAY BE PROVIDED FOR ONLY WHEN SUCH AREAS. . .
ARE BASED ON AN ESTABLISHED GROUP OF OFFICES. " (GENERAL PLAN,
PARA. C.3 .b.22 PAGE 17 . ) There are no established offices in this area.
Attachments : (5) (Continued next page)
The undersigned discussed the decision being appealed from with:
Oil
DATE b TIME APPEAL RECEIVED: A ee land ,
Pe
407
enneth A. Wright
RECEIVEb
Naoma F. Wright �J
i0 lop Q ,,., x rx>:c,�cac
JUL 81991 400 Foothill Boulevard
O FYeLCRK Address
SAN LUIS 07 ism CA 805 ) 543-5232
Phone
Original for City Clerk
Copy to City Attorney
Calendared for: Copy to City Administrative Officer
Copy to the following department(s) : if .
City Clerk -� f
Attachment ( 1 )
Continuation of Page 1 :
The General Plan also specifically states what should
happen when a lack of market need occurs with these "grandfathered
in" , small-scale convenience commercial stores in established
residential neighborhoods. The General Plan states that "Where
evaluations show compatibility (needs ) and/or lack of market needs ,
the City should prohibit the intensification and/or expansion of
isolated neighborhood commercial facilities and should provide for
their long-term replacement with land uses typical of the surrounding
neighborhood (R-1) . (General Plan, para. C. 3 .a. 6 , . Page 16)
We :request that the General Plan be followed. We request
that the use of this parcel be replaced with the R-1 zoning typical
of our residential neighborhood.
Please refer to the attached petition and the attached
letter which more fully details the history and present condition
of this parcel.
Attachments (2) & ( 3 ) : Letter which was sent to each
member of the Planning Commission personally.
Attachments (4) & (5) : Neighborhood Petition
Attachment (2)
June 24, 1991
San Luis Obispo City Planning Commission
990 Palm Street
San Luis Obispo, California 93401
On May 22 , 1991 the Planning Commission considered a
request to rezone property in our immediate neighborhood at 399
Foothill Boulevard from neighborhood commercial to office. The
planning staff recommended that the requested amendment be denied
because the zoning would be inconsistent with the General Plan
Land Use Flement . Unfortunately, we were handicapped at the time
of 'the previous hearing from supporting staff' s recommendation
in an effective way as both my husband and I were experiencing
serious medical problems . With two successful surgeries now behind
us , we have been able to more thoroughly examine the city' s stated
policy governing these isolated C-N parcels in residential neigh-
borhoods . We strongly support your staff' s conclusion that such a
rezoning must be found to be inconsistent with the General Plan of
the City of San Luis Obispo. We ask you to deny this rezoning
based upon the following facts :
Vistory
399 Foothill Boulevard was one of a number of non-
conforming C-N zoned parcels which were "grandfathered"
in under the citywide rezoning program %il.ich followed
the 1977 General Plan Update. Neither a C-N zoning nor
an 0 zoning would be allowed . for this parcel if it were
applied for today as this parcel does not meet current
city standards nor General Plan policies . 399 Foothill
is in the middle of an established residential neighbor-
hood. Our home is directly across the street from this
parcel and our son' s home is directly adjacent to it.
General Plan Policy
The 1977 General Plan has specific provisions for
the continued use of these scattered small-scale conven-
ience commercial stores in established residential neigh-
borhoods . The thrust of the provisions is to protect the
established neighborhoods and definitely NOT encourage
the intensification or expansion of the commercial facil-
ities . The General Plan states that these "scattered,
small-scale convenience commercial stores within estab-
lished residential neighborhoods :
1 . May be retained where their operation has proven
compatible with surrounding uses .
2 . Should be evaluated as to the conditions and
character of their operations and encouraged to
improve , where necessary, to better integrate
with surrounding residential land uses .
Attachment (3 )
- 2 -
3 . And "Where evaluations show compatibility [needs ]
and/or lack of market needs, the city should pro-
hibit the intensification and/or expansion of
isolated neighborhood commercial facilities and
should provide for their long-term replacement
with land uses typical of the surrounding neigh-
borhood. "
Present Conditions
The market need which may have existed many years
ago disappeared with the development of four major
commercial shopping centers within blocks of 399 Foothill :
The Lucky Shopping Plaza, University Square (Williams
Brothers , Poor Richards , etc. ) , Foothill Square (Burger
King, Kinko' s, etc. ) , and the new Ferrini Square . The
lack of market need is further evidenced by the long
history of vacancy of 399 Foothill Boulevard.
The Planning Commission Advisory Handbook states that,
"Although commissioners do consider the rights and desires of
property owners/developers and the general public, THEY MUST MAKE
THEIR DECISIONS PURSUANT TO THE GENERAL PLAN. ORDINANCES , AND
OTHER STANDARDS AND PROCEDURES SET FORTH IN STATE AND CITY LAW. "
As the General Plan clearly directs that "the city should prohibit
the intensification and/or expansion of these isolated neighborhood
commercial facilities and should provide for their long-term
replacement with land uses typical of the surrounding neighborhood",
we request that the Planning Commission make its decision pursuant
to the General Plan as required, deny the rezoning of this parcel,
and replace its use with the R-1 zoning typical of the surrounding
neighborhood. We request that this be done to protect, not only
the neighborhood in which we live, but the integrity of the other
established residential .neighborhoods in the city, which also con-
tain these grandfathered in small-scale convenience commercial stores .
Sincerely,
Naoma F. Wright
Kenneth A. Wright
400 Foothill Boulevard
San Luis Obispo, CA 93405-1612
(805) 543-5232
Attachment (4)
Page 1 of ol-
PETITION
Re : Land Use for 399 Foothill Boulevard
The San Luis Obispo City General Plan (Paragraph C. 3 . a . 6 )
"Neighborhood Convenience Commercial Policy" states that"where
evaluations show compatibility [needs] and/or lack of market needs ,
the city should prohibit the intensification or expansion of iso-
lated neighborhood commercial facilities and should provide for
their long-term replacement with land uses typical of the surrounding
neighborhood."
We , the undersigned, request that the land use of 399 Foothill
Boulevard (File #GP/R 1510) , located at the southwest corner of
Foothill Boulevard and Tassajara Street, follow the General Plan
and be replaced with the land use typical of the surrounding
neighborhood, which is residential.
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Attachment ( 5)
Page A. of o2.
PETITION
Re : Land Use for 399 Foothill Boulevard
The San Luis Obispo City General Plan (Paragraph C. 3-a- 6 )
"Neighborhood Convenience Commercial Policy" states that"where
evaluations show compatibility [needs] and/or lack of market needs ,
the city should prohibit the intensification or expansion of iso-
lated neighborhood commercial facilities and should provide for
their long-term replacement with land uses typical of the surrounding
neighborhood."
We, the undersigned, request that the land use of 399 Foothill
Boulevard (File #GP/R 1510) , located at the southwest corner of
Foothill Boulevard and Tassajara Street , follow the General Plan
and be replaced with the land use typical of the surrounding
neighborhood, which is residential .
NA E ADDRESS
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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.
h. All residential development proposals should be designed to achieve
full use of special site potentials such as natural terrain, views,
vegetation, creek environs or other features, and to mitigate or
avoid special site constraints such as climatic conditions, noise,
flooding, slope instability, or ecologically sensitive surroundings.
They should be compatible with present and potential adjacent land
uses. Designs for residential uses should include: provisions for
privacy and adequate usable open space; orientation and design to
provide shelter from prevailing winds and adverse weather, yet enable
use of natural sunlight, ventilation and shade; provide pleasant
views to and from the development; provide safety, separate vehicular
and pedestrian movements and adequate parking for residents and
guests; and sufficient provision for bulk storage, occasional loading
and service or emergency vehicle access.
3. Commercial and Industrial Land Use Objectives
The policies, goals and implementation measures outlined in Growth
Management Objectives and in the Historical and Architectural Conservation
and Public Facilities Elements related to commercial and industrial land
uses should serve as general principles in the priority and review of
intensity and design of commercial and industrial development proposals.
Commercial and industrial uses should be developed in appropriate areas
where the natural slope of the land is less than 10 percent. Commercial
and industrial uses should have service access from the city's arterial
and collector street system so as to avoid the concentrated use of
residential streets for truck delivery and customer traffic.
a. Neighborhood Convenience Commercial Policies
1. The city should support the concept of neighborhood convenience
centers (2-5 acres depending on neighborhood size) whose service area
will require shorter automotive trip distances and will encourage
nonvehicular convenience shopping.
2. Increased demand for neighborhood commercial facilities created
by infill and intensification of residential areas should be met by
making more efficient use of existing neighborhood centers and by
expansion of existing centers into adjacent nonresidential areas.
15 1 p f.,►t-� j l� ��.t -�,��
3. The city should evaluate the need for and desirability of
additions to existing neighborhood commercial centers as specific
development proposals are made. Criteria for evaluating such
proposals are:
(1) Uses are in fact those which will serve nearby residents, not
the community as a whole.
(2) Expansion areas have access from arterial streets.
(3) Expansion areas will reduce the area used by or designated for
offices or service commercial uses and not areas designated for
or used by residences.
4. New convenience centers within residential suburban expansion areas
should be permitted only when it is clearly demonstrated that
population density and excessive commuter distances to existing
facilities would warrant such a development.
5. Convenience commercial centers should have direct service access from
the city's arterial and collector circulation system so as to avoid
the concentrated use of residential collector or local streets for
truck delivery and customer traffic.
6. Scattered, small-scale, convenience commercial stores within
established residential neighborhoods may be retained where their
operation has proven compatible with surrounding uses. Existing
stores should be evaluated as to the conditions and character of
their operations and encouraged to improve, where necessary, to
better integrate with surrounding residential land uses. Where
evaluations show compatibility and/or lack of market needs, the city
should prohibit the intensification and/or expansion of isolated
neighborhood commercial facilities and should provide for their
long-term replacement with land uses typical of the surrounding
neighborhood.
7. Scattered convenience commercial uses within retail or industrial
districts should be consolidated to form more efficient convenience
centers or relocated to more suitable sites adjacent to residential
districts.
8. Specialized retail stores, and recreational uses may be established
within neighborhood commercial areas so long as (1) individually,
their size would not constitute a major citywide attraction and (2)
cumulatively, they would not displace more general, convenience uses.
b. Professional office Policies
I. Professional office uses should be encouraged to develop in
peripheral areas of the Central Business District and other
Specialized centers such as medical complexes to (1) take advantage
of close proximity to governmental and retail uses in the downtown,
and (2) provide a transition between the heavily used central
commercial core and surrounding residential neighborhoods.
5c-aI
26
L ���
2. Isolated office uses within residential areas or convenience
commercial centers should be discouraged. Top priority should be
given to infill of professional office development in areas adjacent
to the Central Business District. Continued use and limited
expansion of office areas outside the periphery of the Central
Business District may be provided for only when such areas (1) have
direct access from other than residential streets, and will not
require or encourage circulation of commercial traffic through
residential areas, (2) provide transition between residential and
existing commercial or industrial uses, and (3) are based on an
established group of offices. Commercial or professional office uses
locating in such areas should be limited to those with n� close
functional relationship to medical and legal-government-financial
centers elsewhere in the city. Large professional office buildings
which can include multiple tenants but with no single tenant space
less than 2,500 square feet may be established in service
commercial/light industrial areas subject to the approval of a
Planned Development (PD) zoning application and compliance with
criteria set forth in the zoning regulations. This last provision
notwithstanding the dispersion of banks, real estate offices,
financial institutions, medical clinics, and doctors offices, and
lawyers offices throughout the city is prohibited.
3. Where historic or architecturally significant buildings are located
in districts designated for office use, the city should encourage
their Iong-term conversion and conservation rather than replacement.
4. The city should review all requests for conversion of residential
uses to professional office activities to ensure (1) their ability to
adequately function as office uses, compatible with the surrounding
neighborhood, and (2) the preservation of the historic and
architectural character of the structure where such features are
considered significant.
5. Professional office uses should be conditionally permitted within
comparison retail commercial areas of the Central Business District
and encouraged to utilize floor space above street level, thereby
avoiding interference with or the reduction of valuable ground-floor
retail activities.
6. Primary access to professional office activities should be provided
from commercial arterial or collector streets and should avoid the
use of local residential circulation.
7. As an alternative to or as a transition in professional office areas,
medium-density residential uses may be conditionally considered.
8. Regional administrative and financial offices shall be considered as
appropriate uses in certain comparison retail commercial areas and
shall not be allowed to disperse to convenience shopping, service
commercial/light industrial or professional office areas.
17
�.L u:
C. Comparison Retail Commercial Policies
I. The city should allocate sufficient land resources suitable for
commercial use to enable the development of a "self-sufficient"
retail sector serving the existing and future needs of San Luis
Obispo.
2. The city should promote the expansion of existing commercial centers
and prohibit the proliferation of new or scattered comparison retail
locations.
3. The city should design appropriate land use and zoning controls which
will direct commercial expansion and intensification into existing
"underdeveloped' and/or committed commercial districts, avoiding
intrusions into stable residential areas.
4. The city reaffirms its support of the central business district as an
historic architecturally unique and economically.essential part of
the community.
The city will promote the economic stability of the central business
district. To assure its stability, other major areas in the city
will not be rezoned for retail commercial use until a downtown
parking program has been adopted by the city. The city will take an
active role in encouraging the retention and expansion of county
courts and administration facilities in the downtown.
5. The central business district shall remain the principal Iocation for
the greatest variety of comparison retail commercial activities in
San Luis Obispo.
6. The city encourages a whole range of comparison shopping in the
central business district and at Madonna Road. Additional retail
space at Madonna Road should augment the existing shopping
facilities. Development may be phased but would include a
nondiscount department store and related shops which can intercept
expenditures of county residents who now shop out of the county. Any
new facilities shall be master planned to relate as closely as
practical with the existing Madonna Road Plaza Center.
Additional space in the central business district should reinforce
the role of downtown as a regional shopping area, while also serving
the needs of the community.
7. Existing service commercial uses (for example, automobile sales and
service facilities), both north and south of the central business
district, should be replaced with more intensive "shopping goods"
facilities to centrally serve the expanding needs of the community.
Conversion should be programmed in an orderly manner as a part of the
Central Area Specific Plan.
5C- ,3
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F--( IT
Notes:
1.In the C-N zone,only branches of banks are allowed-no headquarters.
2 Except for condominiums,the development of more than one dwelling on a land parcel in the R-1 zone requires
approval of an administrative use permit. R-1 density standards apply.
3. In the O zone, dwellings on a site occupied by residential uses only are allowed. Dwellings on a site with
nonresidential uses require approval of an administrative use permit.
4.In the C-N zone,hot tubs/spas for commercial use must be enclosed.
5.In the M zone,schools are limited to those offering instruction in fields supportive of allowed uses.
6.In the O,C-C and C-R Tones,animals at veterinarian's fatalities must be kept within a building.
7.In the C-N zone,branch libraries only are allowed.
&In the C-N zone,the following types of uses are allowed provided that(1)the gross floor area of each establishment
shall not exceed two thousand square feet and(2)the combined floor area of such establishments within a shopping
center,or on a parcel which is not in a shopping center,shall not exceed twenty-five percent of the total floor area: .
-retail sales and repair-bicycles;
-retail sales and rental-specialties.
9.In the C-T zone,tar washes are allowed only in conjunction with and incidental to service stations,and provided that
no other car wash is located within 1000 feet of the site.
10.Large professional office buildings which an include multiple tenants but with no single tenant space less than
2,500 square feet may be established in the C•S and M zones subject to the approval of a Planned Development(PD)
zoning application and compliance with findings specified in Section 17.62.040 C. However,this provision notwith-
standing,the following types of office-related uses are prohibited in PD's approved for CS and M zones: Banks,real
estate offices,financial institutions,medial clinics,doctor's offices,and lawyer's offices.
11.An administrative use permit is required for the construction of nonresidential structures or the conversion of
residential structures to non-residential uses in the O zone.-In order to approve a use permit the director must make
each of the following findings:
A-73at the location,orientation, height,and mass of new structures will not significantly affect privacy in nearby
residential areas.
B.That the project's location or access arrangements will not significantly direct traffic to use local streets in nearby
residential areas.
C.That the project includes landscaping and yards that adequately separate parking and pedestrian circulation areas
from sites in nearby residential areas.
12.In the C-C and C-R zones,use permit reviewof automobile sound system installations should include consideration
of the following items: parking space displacement,noise from the operation,and appearance. Use permits may be
approved only when the use is accessory to a retail sales operation.
13.Where parking as a principal use is allowed,deviations to existing setbacks and building heights are permitted upon
approval of a use permit as required by Section 17.22010. All multi-level parking facilities shall require the approval
of a use permit by the Planting Commission
14.Theaters in the C-N zone shall be limited to 4,000 square feet in size,a single screen,and restricted to shopping
center sites in the zone(See Section 17.04371).
50
city of San lues OBISpo
INITIAL STUDY OF ENVIRONMENTAL IMPACT
SITE LOCATION APPLICATION NO.
,`ROJECTDE I
� unll
APPLICANT .� G
STAFF RECOMMENDATION: V
NEGATIVE DECLARATION MITIGATION INCLUDED
EXPANDED IN AL STUDY REO IREO ENVIRONMENTAL IMPACT REPORT REQUIRE
PREPAgED BY DATE
CO MUNITY DEVELOPMENT DIRECTO S A ON: DATE�TI
!✓
SUMMARY OF INITIAL STUDY FINDINGS
I.DESCRIPTION OF PROJECT AND ENVIRONMENTAL SEMNG
If.POTENTIAL IMPACT REVIEW POS BLE ADVERSI AFFECTS
A. COMMUNITY PLANS AND GOALS ...................................................
B. POPULATION DISTRIBUTION AND GROWTH..........................................
C. LAND USE ...................:................................................ ...
0. TRANSPORTATION AND CIRCULATION ..............................................
E PUBLIC SERVICES ................................................................
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................................'.......................................
LANIMAL LIFE.....................................................................
M. ARCHAEOLOGICAUHISTORICAL ...................................................
N. AESTHETIC ......................................................................
O. ENERGWRESOURCEUSE ..........................................................
P. OTHER ..........................................................................
IIL STAFF RECOMMENDATION
'SEE ATTACHEDREPORT SCS sees
I. DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING
The applicant proposes to rezone a 70 foot by 146 foot parcel from
C-N (Neighborhood Commercial) to O (Office) .
The site is developed with an 1800 square-foot commercial building
and eight parking spaces. The building is currently vacant, but
was most recently used as a bicycle shop. The site is surrounded
by houses and apartments. There are several small trees on the
site; but there is no other significant vegetation.
The Architectural Review Commission has approved plans for the
demolition of the existing building and replacement with a 2700
square-foot commercial building and 12 parking spaces. The
applicant has not applied for the building permits necessary to
begin construction of the project.
Staff believes the approved plans represent a reasonable example
of maximum development intensity possible under C-N zoning
standards. Staff estimates that an office building of between 3000
and 4000 square feet could be constructed on the site if the site
is rezoned as proposed. It would also be possible to construct
three two-bedroom equivalent residential units on the site under
Office zoning.
II. POTENTIAL IMPACT REVIEW
A. COMMUNITY PLANS AND GOALS
The Land Use Element of the General Plan includes a policy to
discourage isolated office uses within residential areas or
convenience centers. Although the proposed project does not appear
to be consistent with that policy, the inconsistency is not judged
to be a significant impact for the following reasons:
- The project will be reviewed by the city's Planning
Commission and city Council. Those bodies may determine that
an exception to the policy cited is consistent with the
overall intent of the General Plan, or may amend the policy.
- The project will not result in significant changes to the
physical environment. Overall intensity of future
development, traffic generation, building height and mass,
etc. , will not be significantly increased or decreased by the
rezoning.
- The proposed project, because of its small scale, will not
have a significant impact on citywide office land use
patterns. Since there are few similarly-situated parcels in
the city, there will be no significant cumulative effects.
D. TRANSPORTATION AND CIRCULATION
City Planning and Engineering staff expect the traffic generated
5C-a�
under either the C-N or Office ,zone development scenario to be
within the capacity of the nearby intersection, without making any
significant contribution to the level of service. No traffic
hazard will be created.
No significant adverse impact on transportation or circulation will
occur.
O. ENERGY/RESOURCE USE
The proposed rezoning will not affect use of water significantly.
Although the city's reliable annual water supply from all sources
is less than the normal demand, the city has adopted water
conservation regulations and development allocation programs
(retrofit requirements) which will effectively mitigate cumulative
adverse effects on water availability which might otherwise occur.
III. STAFF RECOMMENDATION
Staff recommends that a negative declaration be adopted for the
proposed project.
5C-��
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Aeon ❑ rYI
mEETING AGENDA �CDDDIR❑ F1N.DIRITEM # EY °❑ DMEMOoslc. ❑ rouCscxE s�•I ❑ P.EC DIRFILE ❑ UTA DIRTo: San Luis Obispo City Council p-�_
RE: Agenda Item 5C - GPIR 1510 - on August 6, 1991
From: Barry Karleskint - as individual not speaking for or from Planning Commission
I urge you to stay consistent with the General Plan and rezone this
non-conforming "C-N" zone back to "R-1". The Planning Commission
did, in fact, vote 5 to 1 to rezone to O/S. The general feeling being
that it was not realistic to expect anyone to actually build a modern
house on the site and "O" was preferred to "C-N".
I, too, had a problem with the "R4", residential house issue, but have
now a reasonable alternative that would keep the the General Plan
compatibility issue and the neighborhood aspect of the situation
within desirable limits.
I urge you to send the rezoning back to staff with direction to rezone
back to "R-1" with the land to be held in "land bank" type status until
an appropriate residence in another mature area of town is available
for moving onto the site. (The King project on Henderson has such a
house) This will remove the problem of modern architecture being
introduced into the neighborhood and provide another affordable
residence. There even may be room for two "move ins". This type
of solution would keep the neighborhood intact.
At any rate, the present "C-N" designation is incompatible with the
rest of the area and it should have been lifted as soon as the non-
conforming market ceased to exist. There is no demand for any
offices along Foothill Blvd. and it would- be a mistake to set a
precedent for rezoning to office, "O", in this area. Do we want to
start another upper Marsh StreeT situation on Foothill Blvd? This
neighborhood needs and deserves the protection.
The City needs, also, to keep it's General Plan in high regard and
follow it as this rezoning to "O/S" is in direct conflict with the General
Plan in it's present form AND the Draft Land Use Element. The staff
report points out the relevant sections.
Thank you for your consideration of this matter.
cc: Jonas, Lemburg, Wright
AUG
CITY COUNCIL
SAN LUIS OBISPO, CA