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HomeMy WebLinkAbout05/19/1992, 2 - CONSIDERATION OF A PLANNING COMMISSION RECOMMENDATION TO ADD A MIXED-USE ZONE TO THE ZONING REGULATIONS (CR1538). ^y ( Original agenda. report from the 5/5/92 meeting. -�9' c� II�I�II�tlllll�lllllllllll�=lll`IIII "J (� MEETING DATE ` U c� or san L..is oB�spo s - NMICOUNCIL AGENDA REPORT EM NUMBER: FROM: Arnold Jonas, Community Development Director PREPARED BY: Glen Matteson, Associate Planner SUBJECT: Consideration of a Planning Commission recommendation to add a mixed-use zone to the Zoning Regulations (CR1538) . CAO RECOMMENDATION: Introduce an ordinance to print, in summary form, approving a negative declaration of environmental impact and adding a mixed- use zone to the Zoning Regulations, as recommended. DISCUSSION The Planning Commission has recommended that a "mixed-use" (MU) zone be provided. This new zone would allow, or require, development of certain uses that are not usually combined on a site under existing zoning. The first step is to add to the text of the Zoning Regulations a statement of purpose and procedures for the new zone. Later, applicants could request the zone be applied to certain property, or the City could initiate rezoning to apply the zone. The mixed-use zone would be combined with existing zone designations, such as "C-N-MU. " No significant policy, environmental, or fiscal impacts are foreseen at this stage. The new zone simply provides procedures and standards for carrying out whatever type and degree of land use combinations are allowed or required by the general plan. The content of the updated Land Use Element will be important in deciding the actual application of the MU zone. Any rezoning to apply the mixed-use zone to a site will require separate public notice and hearings. Over the last few years, there has been more interest in developing on a single site uses which conventional zoning often separates. Such mixed-use development can increase residents ' convenience and reduce vehicle trips, enhance security by having people present throughout the day and night, and produce interesting urban design. There is renewed interest in providing housing, particularly housing affordable to workers and seniors, downtown. However, mixed-use development can also lead to problems with noise, service vehicles, and traffic, both for occupants of a mixed-use site and for neighbors of the site. The recently completed Crossroads commercial center contains a wide range of businesses along with apartments. It is an example 074 ii���l�nu►lil►IIIIIIIP��'�°��II�IU city of San 1...iS OBISp0 all COUNCIL AGENDA REPORT of a project which combines uses serving occupants, nearby residents, drive-by traffic, and professionals with no tie to a particular location. This project was built in a service- commercial zone, under a "planned-development" (PD) approval. Most of the City's zones can accommodate more than one type of use. For example, the low-density residential (R-1) zone can accommodate schools, churches, and home businesses; dwellings can be built in the neighborhood-commercial (C-N) , office (0) , central-commercial (C-C) , retail-commercial (C-R) , and tourist- commercial (C-T) zones; large offices and major retail stores can be built in the service-commercial (C-S) zone. In most cases, there are limits on the size or location, and discretionary approval procedures, for uses which differ from the basic purpose of the zone. Separately from the City's regulations, the experience and perceptions of developers and lenders often constrain the range of uses which are developed together. In the past, the City has used two zones, combined with other zones, to change the usual property development standards and status of uses of base zones: (1) the planned-development (PD) zone, intended to accommodate innovative development, has typically been used to relax property-development standards or increase the range of uses, in conjunction with City control of physical design of a project; (2) the special-considerations (S) zone, intended to specify certain project features on sites with conditions such as noise exposure or flooding, has typically been used to tighten standards or narrow the range of allowed uses. The PD and S zones both require review of project designs for new or substantially changed development. The Planning Commission is not comfortable with past use of the PD and S zones to amend allowed uses, and feels that the proposed MU zone would be more appropriate for that purpose. With the exception of the Crossroads project, the City has not strongly encouraged or required mixed-use development. The mixed-use zone is seen as a way to do so. It will be important with implementation of the MU zone to clearly establish the intended status of uses (allowed, allowed with special approval, required, or prohibited) when the zone is applied, if the status of various uses is to be different from the base zone. ALTERNATIVES The Council may adopt any zoning provisions which do not conflict with State law, the general plan, or sections of the ' Zoning Regulations which are to remain. The Council may continue action. The Council need not discuss at this time locations for the mixed-use zone to be applied. a-a i�iII,11NNII�I��������IlNlnllJill llll City of san . .JS OBISPO COUNCIL AGENDA REPORT CITIZEN PARTICIPATION On March 11, 1992 , the Planning Commission voted four to two, with one absent, to recommend approval of this amendment. All commissioners present supported the idea of a mixed-use zone, but they did not agree on the emphasis of all proposed procedures and findings. There was no public testimony, and no written public comment has been received. I RECOMMENDATION: Introduce an ordinance to print, in summary form, approving a negative declaration of environmental impact and adding a mixed- use zone to the Zoning Regulations. i ATTACHMENTS Draft ordinance adding MU zone, and summary Initial environmental study i Ping. Comm. minutes, 3-11-92 i gmD: CR1538CC.WP a-3 ORDINANCE NO. (1992 SERIES) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO ADDING A MIXED-USE ZONE TO THE ZONING REGULATIONS (CR 1538) WHEREAS, the Planning Commission and the City Council have held public hearings to consider appropriate zoning provisions in accordance with the California Government Code; and WHEREAS, the City Council finds that the proposed zoning provisions are consistent with the general plan; and WHEREAS, the City Council has considered the potential environmental impacts of the new regulations, evaluated in initial study ER34-91; and WHEREAS, the proposed amendment promotes the public health, safety and general welfare; BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Council determines that there will be no significant environmental impacts of adding the regulations and that additional environmental review will be required for any project proposed pursuant to the mixed-use zone, and hereby approves a negative declaration of environmental impact. SECTION 2 . The Zoning Regulations are hereby amended by the addition of Chapter 17.55, fully contained in the attached Exhibit A, included in' this ordinance by reference. SECTION 3 . A summary of this ordinance, approved by the City Attorney, together with the votes for' and against, shall be published once, at least five (5) 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 , 1992, on motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: a- J4 Ordinance No. (1992 Series) Page 2 Mayor ATTEST: City Clerk APPROVED: 4cityistrative Officer ne Community DeVellopment Director gmD: 1538-ORD.WP a-� EXHIBIT A D R A F T Chapter 17 .55 MIXED-USE (MU) ZONE Sections: 17.55.010 Purpose 17.55.020 Application and procedure 17. 55. 030 Property development standards 17 . 55. 040 Mandatory findings 17 . 55.010 Purpose The MU zone, in combination with any other zone, permits or requires combining uses on a site which otherwise would not be allowed or required. The primary purpose of the MU zone is to permit combining residential uses and commercial uses on a single parcel, although any combination of uses may be approved by the City. The MU zone is intended to promote a compact city, to provide additional housing opportunities (including affordable housing opportunities) , and to reduce auto travel by providing services, jobs, and housing in proximity. 17. 55. 020 Application and procedure A. Application of the MU zone may be initiated by: (1) The City Council or Planning Cbmmission, . to ensure that mixed residential and commercial uses will be included when certain parcels are developed or redeveloped; or (2) An applicant, to obtain permission for a mix of uses not otherwise allowed. B. Each ordinance adopting an MU zone shall specify: (1) The types of uses which are required or allowed to be combined; (2) Any standards for the uses' locations or their relationships to each other; (3) Any issues specific to the site or the intended combination of uses which must be resolved by the design of the project. C. Use permit approval' by the Planning Commission is required prior to establishing any use within the MU zone, except that this provision does not apply to changes of use within an existing building. The use permit requirement allows the Planning Commission to determine proposed uses' compliance with the MU zone, compatibility with each other and their surroundings, and consistency with the general plan. 17.55. 030 Property development standards Property development standards shall be those of the underlying zone. However, use-permit approval may include more provisions and standards to assure compatibility of uses and surroundings, or less restrictive standards, to the extent allowed by use- permit approval in other sections of these regulations, to make particular use combinations more feasible. 17 . 55.040 Mandatory findings A. In granting a use permit pursuant to this chapter, the Planning Commission must make the following findings: (1) The project's mixed uses are consistent with the general plan and are compatible with their surroundings, with neighboring uses, and with each other. (2) The project's design protects the public health, safety, and welfare. (3) The mixed uses provide greater public benefits than single-use development of the site. This finding must enumerate those benefits (proximity of workplaces and housing, automobile trip reduction, provision of affordable housing, or other benefits consistent with the purpose of this chapter. B. To require property development standards more restrictive than those of the underlying zone, the Planning Commission must make one of the following findings: (1) Site-specific property development standards are needed to protect all proposed uses of the site. (2) Site-specific property development standards are needed to make the project consistent with the intent of these regulations. (3) The preponderance of the development proposed for the site is of a .type not normally permitted in the underlying zone, so property development standards for the zone where such development is normally found are appropriate. a- 7 (synopsis] ORDINANCE NO. (1992 SERIES) Amending the Zoning Regulations by Adding A Mixed-Use Zone On , 1992 , the San Luis Obispo City Council voted to to introduce Ordinance No. (1992 Series) , which adds Chapter 17.55 to the City' s Zoning Regulations. This .new chapter would establish a "mixed-use" (MU) zone. The MU zone, combined with any other zone, would allow or require new development on a site to include different types of uses, which are not normally combined under basic zoning designations. Such combined uses would have to be consistent with the general plan. Also, they would have to be compatible with each other and with neighboring uses. Development within the MU zone would be subject to approval by the Planning Commission, which could relax or strengthen certain property developments standards to assure an appropriate mixed-use project. This ordinance also determines that no additional environmental study will be required before adding the MU zone to the regulations. Addition of the MU zone to a site could be initiated by the City or by an applicant. This ordinance does not propose adding the MU zone to certain properties. Separate environmental review and public,hearings would be required for any such rezoning. The Council must vote again to approve the ordinance before it can take effect. That action is tentatively scheduled for 1992, at a regular City Council meeting to begin - a-8 at 7 : 00 p.m. in the Council Chamber of City Hall, 990 Palm Street. Copies of the complete ordinance are available in the City Clerk's Office (Room #1) at City Hall, 990 Palm Street. For more information, contact the Community Development Department at 781- 7171. gmD:15 3 8-SUM.WP a - g city o� San tins OBISpo t INITIAL STUDY OF ENVIRONMENTAL IMPACT SITE LOCATION CI-l4 o: Sa» L_V 1 5 Vblspa APPLICATION NO. PROJECT DESCRIPTION APPLICANT G,� o Seen L v)s Chi Spo STAFF RECOMMENDATION: NEGATIVE DECLARATION MITIGATION INCLUDED EXPANDED INITIAL STUDY REQUIREDy� ENVIRONMENTAL IMPACT REPORT REQUIRED PREPARED BY �, 4 j ` S � DATE COMMUNITY DEVELOPMENT DIRECTOR'S ACTION: � DATE Iv E.�71'Y+iU SUMMARY OF INITIAL STUDY FINDINGS I.DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING II.POTENTIAL IMPACT REVIEW POSSIBLE ADVERSE EFFECTS A. COMMUNITY PLANS AND GOALS ................................................... 1�o B. POPULATION DISTRIBUTION AND GROWTH .......................................... C. LAND USE ........... ................................................. N D. TRANSPORTATION AND CIRCULATION .................... .......................... E. PUBLICSERVICES ................................................................ 14�� F. UTILITIES.............................................. .......................... G_ NOISE LEVELS ................................................................... f�t� H. GEOLOGIC S SEISMIC HAZARDS&TOPOGRAPHIC MODIFICATIONS .................... I �C 1. AIR.QUALITY AND WIND CONDITIONS................................................ t� J. SURFACE WATER FLOW AND QUALITY .............................................. N� K. PLANT LIFE....................................................................... O L. ANIMAL LIFE..................................................................... I� M. ARCHAEOLOGICALIHISTORICAL ................................................... ` 1y N. AESTHETIC ...................................................................... I� y 0. ENERGYIRESOURCE USE ........................................................... N P. OTHER .......................................................................... III.STAFF RECOMMENDATION 'SEE ATTACHED REPORT �$' INITIAL ENVIRONMENTAL STUDY 34-91 Mixed-use Zoning Regulations DESCRIPTION OF PROJECT & SETTING The City of San Luis Obispo proposes to amend its Zoning Regulations by adding a "mined use" zone. This zone, once applied to' specific sites through separate rezoning actions, would allow or require combinations of land uses, such as residential and commercial, where such combinations are not now allowed or required. Combinations of uses would be subject to Planning Commission approval of a use permit whenever a site is developed or redeveloped, or when significant changes of use are proposed. The ordinance adopting the mixed-use zone for a site would specify: - the types of uses which are required or allowed to be combined; any standards for their locations or their relative quantities; any issues specific to the site or the intended combination of uses which must be resolved by the design of the project. The existing Zoning Regulations do not strictly separate different types of uses. In many parts of the city, several zones have been applied within relatively small areas. Also, most commercial zones allow residential uses. Several uses are permitted in nearly all zones (such as day care, permitted in ten of the city's 0 zones). However, the proposed zone would allow more flexibility; any combination of uses consistent with the general plan could be approved. The proposed zone would allow the City to require that different types of uses be developed more directly than it can through the existing special considerations (S), planned-development (PD), or specific-plan (SP) zones. The mixed-use zone could provide greater latitude in relaxing property development standards than existing zoning provisions. POTENTIAL IMPACT REVIEW General concerns are resident's exposure to unacceptable noise levels, and increased local demand for utilities and services if commercially-zoned areas develop with currently allowed commercial uses, plus newly allowed or required residential uses. Evaluation of specific impacts would be speculative at this time. Any proposal under the mixed-use zone must be found consistent with the general plan. Environmental review has occurred for principal components of the current general plan. Environmental review must be completed before the pending general plan update is adopted. Further, each proposal to apply the mixed-use zone, or to develop a project in such a zone, will be subject to environmental review. During these required specific environmental review steps, potentially significant impacts will be identified and mitigation measures will be developed. No significant, adverse impacts can follow solely from addition of the mixed-use zone to the text of the Zoning Regulations, so no additional study is useful or necessary at this time. gmr): EP34-91.WP a-Il March 11 , 1992yy-y Commr . Schmidt felt it would by wrong to say tuere is no historical significance to the street being named Brooli Street because it became the heart of the Black community in San Luis Obispo 20 years ago . He suggested that instead of renaming the street . a historical marker could be placed to right the wrong done to the Etos . Commr . Williams said she could sympathize with the Etos and with Mrs . Lewis . Commr . karleskint said Brook Street had gained historical significance during the past 50 years . He felt a monument and - the naming of a new street Eto Street would be appropriate . Commr . Kourakis said the Commission has been reluctant to approve requests for street r_am= changes because it is very expensive and it is an emotional issue . She explained that not only do cit:- maps and signs need to be changed . but utility companies and delivery people also need to change maps and mailing lists . She felt that both the church and the Etos had been harmed in the past . She mentioned that a park once existed at the end of Brook Street and the city had remo%�ed the equipment after the Bla k church was established . She said she favored a continuance . Commr . Schmidt suggested the Human Relations Commission mediate with all concerned parties . Commr . Gurnee moved to continue the request for the street name change and requested that the Human Relations Commission mediate among all concerned parties . He suggested alternatives be discussed . including naming the street Eto-Brook . r . tin :r a, s se^or.dr1� +he „n+ ; or,. , VOTING : AYES - Commrs . Gurnee . i;ourakis . Karleskint . Schmidt . Williams and Hoffman. NOES - `one . ABSENT - Commr . Peterson: The motion passed . --------------------------------------------------------------- Item 1 . Rezoning CR 1538 . Consideration of amending the Zoning Regulations by adding a Mixed-Use Overlay Zone . (Continued . from December 11 and December 18 , 1991 . and February 12 , 1992 ) --------------------------------------------------------------- Glen Matteson presented the staff report and suggested that the Commission identify areas of concern and forward it to the City Council for adoption. In answer to a question by Commr . Gurnee , Arnold Jonas said the text of the General Plan would allow a Mixed-Use Zone . C{:mMr . {�l:rrP ' SB ifl ihF' f t '•c ` ?-i tier. .? un ler ^li*;;p S: 5~ :; '. 0 h- grammatically corrected by adding a comma between the worts zone' and " permit' . He felt the word "possible" under A . ( <) {�.e ter, a '.i � .. "C .;C'r• " � ^J 5•:�:..' . Commr . Williams explained that the purpose of gine Mixed-rise Zone was to provide an additional tool to what is currently available under a PD designation . In response to a concern raised by Commr . Gurnee . Commr . Schmidt said he believed a Mixed-Use Overlay Zone was compatible wits General Plan guidelines . Commr . Gurnee expressed concern that there was a difference between regulating and encouraging mixed-use . Glen Matteson -said a Mixed-Use Zone could stand on i-ts own; but the proposal was drafted to combine the MU zone with other zones. Arnold Jonas explained that the "M-U" designation's purpose was different than an "5" designation. In answer to a question by Commr . Schmidt about C . on page 2 . Glen Matteson suggested the Commission clarify if it wants to be involved in approving a use only when the area is originally designated Mixed-Use , or whenever a particular use changes . Commr . Schmidt felt the intent was to require use permits fo- new buildings . Commr . Hoffman said he was not overly concerned about exactly what type of mixed use was requested for existing buildings.. - . Cien Matteson felt the intent was to allow certain Types of uses not currently permitted . Chairman Hoffman opened the public hearing . No one chose to speak . Chairman Hoffman closed the public -hearing . Commr . Gurnee said he appreciated the time and effort the committee out in drafting the mixed-use zone , but he felt tha`� it was too restrictive and would discourage mixed-use . -He suggested that the following changes be made if the other Commrs . wished to approve the draft : On Page 1 under A. (2 ) the word "possible be replaced by the word "allowed" : On Page 1 under B. ( 2 ) the words .,relative quantities" be replace with the word " relationship A. (3) on page 2 be eliminated ; and on Page 3 under B. ( 1 ) the words "the residential use" be replaced with the words "all proposed uses . " In answer to a question by Commr . Hoffman , Commr . Gurnee said he preferred a text change in the LUE allowing mixed use proposals in certain areas of the city which would allow applicants to apply for use permits . A"noIr! .1onas sale; that the zOn:r4 telt could be am-ncit­-d +.n a. 11ow mixed-use in a.nv_ district and the LUE could stare areas zae Commission felt were appropriate for mixed-use . a-r� Commr . Schmidt said the market had not resulted had not resulted in the types of mixed use desired by the commission. Cindy Clemens arrived at the meeting . Glen Matteson suggested that the item could be continued until the LtiE Update is completed , if there are basic questions on the appropriate type and location of mixed use. Commr . Karleskint said he thought the intent of creating the new zoning was for the city to designate areas for mixed-use . Commr . Gurnee said he had made his reservations known . He felt that mixed use development would not be proposed without incentives. Commr . Gurnee moved to recommend to the City Councii that the draft of the Mixed-Use Overlay Zone be added to the Zoning Regulations with the following changes : On Page 1 under A. (2 ) the word "possible" being replaced by the word "allowed" ; On Page 1 under B. (2) the words " relative quantities" being replaced with the word " relationship" ; On Page 2 under C . the wore_ " tenancy being replaced with the word "use : " with Section A. (3 ) on Page 2 being eliminated : and on Page 3 under B. ( 1 ) the words the residential use" being replaced with the words "all proposed uses . " . Commr . Hoffman seconded the motion . Commr . Karieskint felt A. (3 ) needed to remain in the draft . Commr . Gurnee felt the issue was addressed under "Purpose , " but he said he would amend his motion. to leave A. (3 ) in the draft . Commr . Hoffman agreed to the cha7ge . Commr . Schmidt expressed concern about the changes to B. (2 ) . Commr . Williams said she did not have a strong opinion about B. (2 ) and believed the City Council- could make that decision. . VOTING: AYES - Commrs . Gurnee , Hoffman , Karleskint . and Williams . NOES - Commrs . Schmidt and Kourakis . ABSENT - Commr . Peterson . The motion passed . Commr . Kourakis explained that she voted "no" because of the change in B. ( 1 ) on Page 3 changing "residential use" to "all proposed uses . " Commr . Williams said she voted "yes" because she believed it was important for the mixed-use zone to be forwarded to the City Council . --------------------------------------------------------------- Item 2 . Use Permit A130-90 . Appeal of Hearing Officer ' s action approving a. temporary permit aliowing a nigh-n^cunar.cy residential use for 6 adults ; 1382 Oceanaire Drive : R- 1 zone ; Kristen Hurley . applicant ; Lee Burkett . aDD ------------- ani -- _ _I