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
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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
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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.
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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
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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:
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Ordinance No. (1992 Series)
Page 2
Mayor
ATTEST:
City Clerk
APPROVED:
4cityistrative Officer
ne
Community DeVellopment Director
gmD: 1538-ORD.WP
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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.
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(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
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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
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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
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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 .
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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
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