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HomeMy WebLinkAbout03/16/1993, 2 - CONSIDERATION OF A PLANNING COMMISSION RECOMMENDATION TO AMEND THE ZONING REGULATIONS REGARDING BRANCH OFFICES IN THE NEIGHBORHOOD COMMERCIAL (C-N) ZONING DISTRICTS. MEETING DATE: ���N���►►►�II1fI�pllplll city of San ' s OBISpo -� COUNCIL AGENDA REPORT ITEM NUMBER: FROM: Arnold B. Jona Director of Community Development PREPARED BY: Ronald Whisenand, Development Review Manager SUBJECT: Consideration of a Planning Commission recommendation to amend the zoning regulations regarding branch offices in the neighborhood commercial (C-N) zoning districts. CAO RECOMMENDATION: Introduce an ordinance to print, in summary form, adopting a negative declaration of environmental impact and amending the zoning regulations use matrix (Table 9, Chapter 17. 22) as recommended. DISCUSSION The Planning Commission has recommended revisions to the zoning regulations affecting the allowable uses within the City's Neighborhood Commercial ("C-N") zoning districts. The amendment, which was requested by Golden One Credit Union, will allow for branch offices of credit unions within the "C-N" districts. The City's use regulations are contained in a matrix format in Table 9 of Chapter 17 .22 ("Use Regulations") of the zoning regulations. The applicant proposes to add reference to credit unions to the existing use category of "Banks and savings and loans. " Banks and savings and loans are currently allowed in the Office ("O") , Neighborhood Commercial ("C-N") (branch offices only) , Central Commercial ("C-C") , and Retail Commercial ("C-R") zoning districts. Credit unions are currently listed separately along with "finance companies" and are allowed in all but the "C-N" district. The applicant feels that credit unions are no different than banks and should therefore be allowed in the "C-N" district. The proposed changes to Table 9 are attached. The proposed changes to the zoning regulations are consistent with City land use policy. Branch offices of banks or credit unions serve smaller regions, a concept incorporated into the "C-N" zoning purposes. Credit unions, like banks could therefore locate in neighborhood convenience centers allowing shorter automotive trip distances and encouraging non-vehicular convenience shopping. The . only difference between credit unions and banks is that one must be a member to join a credit union. In the past membership in credit unions was limited to specific groups (i.e. State employees, teachers, etc. ) . Now these banking establishments have opened up to a larger group of people, who need the neighborhood convenience that our zoning regulations -offer banks. i city of San ' s OBISpo in COUNCIL AGENDA REPORT Council Agenda Report - R 01-93 March 02 , 1993 Page 2 The proposed amendment is considered a "project" pursuant to the California . Environmental Quality Act (CEQA) . As such, environmental review was preformed. Based on the initial study prepared by staff and reviewed by the Planning Commission, there will be no significant environmental impacts resulting from j adoption of the amendment. PUBLIC PARTICIPATION On February 10 , 1993 , the Planning Commission voted unanimously (6- 0 with one abstention) to recommend approval of this amendment. i There was no public testimony at the public hearing although a comment letter in opposition was submitted by Richard Schmidt. This letter was not available to the Planning Commission prior to j their adopting a recommendation to the Council on this matter. FISCAL IMPACTS The proposed amendment will not significantly affect City revenues i or expenditures . ALTERNATIVES The City Council may adopt any zoning provisions which do not conflict with State law, the General Plan, or sections of the Zoning Ordinance which are to remain. In addition, the Council may continue action with specific direction to staff. I Attachments: Draft ordinance amending the zoning regulations Planning Commission minutes of February 10 , 1993 Applicant' s statement Comment letter Initial Study/Environmental Assessment ORDINANCE NO. (1993 SERIES) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE ZONING ORDINANCE FOR ALLOWING BRANCH OFFICES OF CREDIT UNIONS IN THE NEIGHBORHOOD COMMERCIAL ZONING DISTRICTS (R 01-93 ) WHEREAS, the Planning Commission conducted a public hearing on application No. R 01-93 on February 10, 1993 and recommended approval of the application; and WHEREAS, the City Council conducted a public hearing on, March 16, 1993 , 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; 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 ER 01-93 ; BE IT ORDAINED by the City Council of the City of San Luis Obispo as follows : SECTION 1 . The Council determines that there will be no significant environmental impacts as a result of amending the regulations, and hereby approves a negative declaration of environmental impact. SECTION 2 . The Zoning Regulations are hereby amended by the changes to Table 9 - Uses Allowed by Zone in Section 17 . 22 . 010 which are 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 , 1993 , on motion of seconded by and on the following roll call vote: AYES : NOES: ABSENT: 2-3 Ordinance No. (1993 Series) Page 2 Mayor Peg Pinard ATTEST: City Clerk Diane Gladwell APPROVED: C? ,- , , 6z�, City Ad ini trativ Officer C ' t ney Community Developm nt Director ;Z4 R ? ] ` 2 U � 44 ro a . . @ $ ot v �4 j : sm (4 4 � 4 \ \ ¥ \ aJ < o = j U � wu . « < 2a : U , , » In : ■ m . k c �4 �4 o qo , y: % © ue k § / e . Q § cc 4 4 ou = = u Ems \ : _ > _ : / roo : \ / u a ] ) i ( • ugu { § c = = o = co \ � \ _ » , .-a o � • 7 § , ° 4-1 § \ o n 4.; 41 w » \ j / � I : § \ I § _ � / } \ 2 \ \.\ � m § 2 = u c c ° § § / : �. , g § \ \ \ } / \ \ 2\ go oma) © oo = c < ms \K % \ t = / $ � \ = a) = a , Q , 4J 2 , 9 c , a g = , . e © _ _ c o • < $ .13 ec _ : , , » _ g • : a = o © I to uc = o \ � / ! B § \ / i g o co 41 w\ Q \ (a (Z = , xw o a < < a z - , � �� Commr . Williams st ted the applicant work th staff to provide a tour of the site to the Commissioners . VOTING: AYES - C mmrs . Williams , Hoffman , Whittlesey, Cross , P terson, Senn, and Karleskint . NOES - N ne. ABSENT - N ne . The motion passed . The Commiss ion de-_ ida--2; to hea: item = nSxc - Commr . Senn stepped do due to a conflict of interest . ----------------------------------------------------- ------------ Item 4 . Zonin - Ordinance Amendment R 1-93 . A request to amend the Zoning Ordinance to allow credit unions in the Neighborhood-Commercial (C-N) zoning district ; GOlden C'ne Credit Union, applicant . ------------------------------------------------------------------ YOn itinlse^and presented the staff report and recot?SREnded the Commission approve the amendment because staff had determined there are no real differences between branch offices of banks and credit unions . Chairman Karleskint opened the public hearing. Mike Multari , 641 Higuera Street , applicant ' s representative, said that today branch offices Of credit Unions perform the same ..cryi�c_ as -nanAS , and, a3.{2Q tit= `ommi ..si_ - e' --'-"_•'" the- City Council.. Commr . Williams said she thought the reason credit unions were excluded was because they were usually affiliated with an organization and only members could belong. She asked if this credit union would be open to the public . Mr . .M.ultari said the credit union would serve a broad spectrum of the public including public employees and Cal Poly students . Chairman Karleskint closed the public hearing. Commr . Peterson moved to make a recommendation to the City Council to approve the amendment and adopt staff ' s suggested findings . Commr . Williams seconded the motion . Commrs . Cross and Karleskint said they believed credit unions performed identical functions as banks . Commr. Whittlesey asked why finance companies were still being excluded . Ron Whisenand explained very few finance companies have branch offices , and that finance companies . are more of an office use because they deal primarily with loans . Commr . Whittlesey felt the nature of finance companies had changed and they were branching out . /-r VOTING : AYES - Commrs . Peterson , Wi _ _ _ams , Whittlesey, Hoffman, Cross , and Karleskint . NOES - None . ABSENT - Commr. Senn. The motion passed. Commr . Senn returned to the meeting. ------------------------------------------------------------------ itci: .:, . LLnCt 2126 � Clt . 111E �•7 . 1 i4Q-:- ) r2Ctl:St to create 60 residential 1 ts ; 500 Stoneridge Drive ; R-1-PD zone ; John King, subdivider . Pam Ricci presented the staff reort and explained the major issues ware drainage and the lccatiOn O an, easement needed tO accom� odatE an off-site drainage systEm. he explained staff recommended the open space area be dedicated t the city in fee rather than as an easement to be consistent with city policies and for management of natural resources . She recommended the Commission recommend approval of the vesting tentative tract map with finnings and conditions , with or withou pedestrian access allowed in the easement area. In answer to a question by ommr. Whittlesey, Pam Ricci explained there are several locations%n easement could be located and that condemnation is a last resort . In answer to a question by Commr . Peterson, Pam Ricci explained the exception for the private driveway, its use and maintenance , /! m Comr . Cross exmrassed lioncern that the mitigation monitoring program was not clearly ''dressed in the conditions . Pam Ricci said mitigatio monitoring was addressed in Exhibit A and referenced in finding She said wording could be added to finding 5 mentioning th mitigation monitoring program. Commr . Cross asked staf how much of the park was locat_d above the development limit lire and how the park would be used . He felt parks and open space were being considered the same in this application . Pam Ricci explained tF0. e dedicated parked would include the wetland enhancement area anduld be a passive park without improvements . Jerry Kenny explained , hat the developer had eliminated one lot of the first phase which resulted in dedication of a larger park than what was required . In answer to a ques ion by Commr . Karleskint , Pam Ricci said the access road to the pity water tank would continue to be used for public access , buit was not specifically stated in the conditions . Chairman Karleskint, opened the public hearing. Erik Justesen . 3026 South Higuera, applicant ' s representative , explained the drainage easement system using overhead drawings . He explained how the intercept swale system would reduced the amount z- 7 Crawford Multari & Starr _ pi anning • architecture • public policy December 21, 1992 Arnold Jonas, Director Community Development Department City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93403 Dear Arnold, I am representing Golden One Credit Union. This is one of the largest credit unions in the country. They would like to open a branch office in the "Ferrini Square" located at comer of Broad and Foothill. This center is in the CN zoning district. Curiously, the zoning ordinance allows branch offices of banks and savings and loans in the CN zone, but prohibits branch offices of credit unions. The enclosed application requests a zoning text amendment to allow branch offices of credit unions in the CN zone, so that they are treated like banks and savings and loans. It seems clear that credit unions serve similar functions to traditional banks and savings and loans: customers can establish savings and checking accounts and can apply for a variety of(non-commercial) loans, etc. There is no obvious differentiation among these uses in terms of likely distribution of customers, impacts on the neighborhood or the center, or type or scope of services offered. Thank you for your consideration. If you need more information, or if you would like to discuss this matter further, please give me a call. Sincerely, / Michael Multari cc: Jackie Lethbridge,Golden One Credit Union 2U r!i_ca•a S'. 5,.,:- ?_o2 SarLuis Obi3pc. CA 83-01 (805) 5-1 -38-8 Fax (2051 5-192c Application for Rezoning (Text Amendment) Requested change Amend Table 9 "Uses Allowed by Zone" (in Section 17.22.010) to treat "credit unions" the same as "banks and savings and loans"; specifically, to allow credit unions in the CN district, with the restrictions imposed by footnote (1) to the table. A simple approach is illustrated on Exhibit "A", although any other change that achieves the same effect would be acceptable. How the change carries out general plan policies The CN zone is largely intended to implement general plan objectives and policies related to neighborhood convenience commercial centers. These objectives and policies (in both the existing LUE and draft updated LUE) encourage relatively small commercial areas in the city which provide services to residential neighborhoods. Among the allowed uses in the neighborhood commercial designation and in the CN zone are various retail stores, and banks. Different restrictions are placed on some of these uses. For example,the size and amount of specialty retail stores are limited. Banks are allowed only if they serve as branch offices and not as headquarters. This zoning text amendment request simply asks that credit unions be treated the same as banks; ie, that branch offices be allowed in the CN zone. For all practical purposes, credit union branch offices function similarly to branch offices of banks and savings and loans. People may have savings and checking accounts; they may get(non-commercial) loans and financial planning assistance. There is no clear or significant differentiation among branch offices of these uses in terms of type of services, distribution of customers, or impacts on the center or surrounding areas. Therefore, allowing branch offices of credit unions in neighborhood commercial areas helps implement the general plan the same way that branch offices of banks and savings and loans do. They provide convenient financial services— savings and checking accounts, loan services — to people living or working nearby. Table 9-Uses Allowed by Zone R-1 R-2 R-3 R-4 GOS Ott PF C-N C-C C-R C-T CS M Advertising and related services(graphic design,writing,mailing,addressing,etc.) A A/D A A Agriculture-grazing and outdoor crops A A A Agriculture-greenhouse culture, livestock feeding PC Airports and related facilities PC PC PC Ambulance services PC PC A D Amusement arcades(video games,see Chapter 552,Electronic Game Amuse- ment Centers) PC D D D Amusement parks,fairgrounds PC PC Animal hospitals and boarding D Animal grooming A A D Antennas(commercial broadcasting) PC PC D D Athletic and health clubs,gymnasiums, fitness centers,tanning centers D PC D . PC PC Athletic fields,game courts PC PC PC D PC PC Auto dismantling,scrap dealers, recycling centers A Auto repair and related services(body, brake,transmissions,muffler shops; painting,etc) D A A Auto sound system installation Du Dt= A A Banks,and savings and loans A At A A a Bars,taverns,etc.(see Nightclubs) D D D D D D Barbers,hairstylists,manicurists, tanning centers A A A PC D Boardingirooming houses,dormitories (See also Chapter 17.20) PC D D D Bowling alleys PC PC D PC PC Broadcast studios A A/D A A A-Allowed D-Direetoesapproval requited PC-Planning commis-ion approval required A/D-Directors approval on ground floor,allowed above 'Me director shall determine if a proposed,unlisted use is similar to a listed use.Numbered notes are at end or chart. 42 z-io Table 9-Uses Allowed by Zone R.I. R-t R-3 R-41 CIOS O" PF C-N I C-C C-R I C-T C-S M Building and landscape maintenance ices AID A A A Bus stations PC D A Cabinet and carpentry shops D A Caretakers'quarters A A A A A A D D D D A DI D Carwash-mechanical PC' D D Carwash-self-service D D PC A A Catering services A A A Cemeteries,mausoleums,columbariums PC PC PC PC PC PC PC PC PC PC PC PC PC Christmas tree sales(see Section 17.0&O10D) D D D D D D D D D Churches,synagogues,temples,etc. PC D D D A D D D A Du Circus,carnival,fair,festival,parades (see Section 17.0&O10E) D D D D D D D D D r^mputer services A A/D A A D t...,ncurrent sales of alcoholic beverages and motor fuel(see Section 17.08.100) D D D D Construction activities(see Section 17.0&OIOG) A A A A A A A A A A •A A A Contractor's yards A A Convalescent hospitals PC PC D PC PC D Convents and monasteries PC A A D Credit reporting and collection A A/D A A tympanies A A A Delivery and private postal services D A A A Detective and security services A A/D A A D Drive-in theaters PC PC Dwellings AZ A A A A A3 A/D A/D A/D D A-Allowed D-Director's approval required PC-Planning commission approval required A/D-Director's approval on ground floor,allowed above 711 director shall determine if a proposed,unlisted use is similar to a listed use.Numbered notes are at end of chart. 43 ��� I Feb. 9, 1993 To the Planning Commissior. Re: Item 4, Zoning Amendment to Allow Credit Unions in C-N Zone From Richard Schmidt As a long-time defender of the-neighborhood commercial concept from those who don't understand its purpose, this item and the favorable staff recommendation caught my eye. Information in the staff report on which the recommendation is based is incorrect in that it fails to account for the inherent difference between banks and S&Ls, on the one hand, and a credit union, on the other. Anyone can walk off the street into a bank or S&L and open an account. They are public businesses. Therefore, the rationale for including branches in the CN zone makes sense; branches may cut down on cross-town travel, and increase convenience for the general public. A credit union, however, is not such a public conveyance. By law, a credit union may offer its services only to members of an affinity group the CU is established, by charter, to serve. Its clientele is not the general public, but a particular set of individuals with some shared affinity. typically an occupational affinity. Therefore, unless a CU's affinity group all happened to live in a single neighborhood, which is unlikely, there can be no pretext that a CU branch is a "neighborhood-serving" business. A CU branch would be at least a city-wide draw, and very likely a county-wide draw. The proposed zoning amendment therefore flunks the LUE touchstone cited at the top of the staff report's Page 2: "Criteria for evaluating such proposals include determining whether uses are in fact those which will serve nearby residents, not the community as a whole." [LUE Goals and Policies, Section C.3.a.3.(1 )] Allowing CUs in the CN zone would increase through traffic in neighborhoods that provide access to neighborhood centers, and the prevention of this outcome is one of the objects of the city's CN planning policy. Not mentioned in the staff report is another LUE touchstone which directly addresses the issue of proliferating financial offices, like CUs. Policy C.3.b.2, which deals with such office location, states: "Isolated office uses within residential areas or convenience commercial centers [the term LUE uses for CN uses] should be discouraged... The disoersion of design firms, banks, real estate offices, Financia! institutions, medical clinics, and doctors offices, and lawyers offices throughout the city is prohibited." In my view, these LUE policies taken as a whole indicate that the requested zone code change is inappropriate, and should be rejected. In conclusion, the city's present zoning regulations, which assign credit union offices to non-neighborhood-serving commercial zones, is the correct approach to their location. I further caution the commission that the incremental chewing away at the purpose and rationale for neighborhood commercial zoning is rapidly turning the CN zone into another "garbage zone" reminiscent of the CS zone. I hope we can halt this process, for preserving neighborhood commercial's neighborhood-centered purpose is an integral part of preserving the quality of life in our city's neighbcrhoods. z-I�. city of San lU1S 'OBISpo INITIAL STUDY OF ENVIRONMENTAL IMPACT f SC SITE LOCATION �e11r(toer�+ 6.0 . fre e t �Z M e a -�;C {.�:�` APPLICATION NO.CR PROJECTDESCRIPTIO E�1ntt o f �y Qr ^o'�r/e� 1 a ((n i Cred ;- Jni�NS ik '��� �eic�•yuNoorl ev..xrre'e I C�-u) ���, CJ-S�nt� v LU I APPLICANT (TU�OC Ov e C�CJ-4 0^ e� STAFF RECOMMENDATION: _2L NEGATIVE DECLARATION MITIGATION INCLUDED EXPANDED INITIAL STUDY REQUIRED (L p ENVIRONMENTAL IMPACT REPORT REQUIRED PREPARED BY �� r4 1 1LlCACJM . fle"�o4rmT DATE ' Ii/43 COMMUNITY DEVELOPMENT DIRECTOR'SAC DATE. 9 SUMMARY OF INITIAL STUDY FINDINGS I. DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING 11.POTENTIAL IMPACT REVIEW POSSIBLE ADVERSE EFFECTS A. COMMUNITY PLANS AND GOALS .............. ..................... ........... ... . . NOn e _ B. POPULATION DISTRIBUTION AND GROWTH.......................................... No, e C. LAND USE ..:.................................................................... /Vn n e D. TRANSPORTATION AND CIRCULATION .... .... ............. ........... ........... .. . Nnn r IE PUBLIC SERVICES ................................................................ Non e F. UTILITIES....................................................... ................. /41 e G. NOISE LEVELS .......................................................... .... .... . �on H. GEOLOGIC&SEISMIC HAZARDS&TOPOGRAPHIC MODIFICATIONS .................... A)nN e I. AIR QUALITY AND WIND CONDITIONS............................................... )/Gn e J. SURFACE WATER FLOW AND QUALITY .............................................. Nn n e K. PLANT LIFE...................................................................... k1a.1 e L. ANIMAL LIFE...................................................................... Non e M. ARCHAEOLOGICAL/HISTORICAL .................................................... Non c N. AESTHETIC ...................................................................... /yone 0. ENERGYIRESOURCEUSE ............................. . ............ ................ /yen c P. OTHER .................... .................................. ..... ............... NOn c Ill.STAFF RECOMMENDATION 'SEE ATTACHED REPORT sa es Environmental Review - R 1-93 Page 2 I. DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING The applicant proposes an amendment to the City's zoning regulations to allow for branch offices of credit unions in the Neighborhood Commercial (C-N) zoning districts. Currently Table 9 of Chapter 17 . 22 of the zoning regulations permits branch offices of "banks and savings and loans" in the C-N districts. Credit unions are currently grouped with "finance companies" as being excluded from the C-N district. The applicants indicate that the credit unions "of today" act similar to regular banks. The applicant is therefore requesting that credit unions be "grouped" with banks as being allowed in the C-N districts. The amendment will affect development of C-N zoned land City wide. Although the applicant has plans to locate a credit union in the Ferrini Square, the amendment will apply to all C-N zoned areas of the city. The location of those areas are shown on the zoning map for the City. II. POTENTIAL IMPACT REVIEW A. Community Plans and Goals As stated above, the amendment will apply City wide to all existing C-N zoned properties . The change is being proposed in order to reflect the similarities between credit unions and banks. Due to the evolution of credit unions in the banking industry, there is virtually no difference between them and banks. The amendment will result in similar treatment of like uses. The proposed amendment will therefore further the community goal for orderly and logical development of the City (M.C. Sec. 17 . 02 . 020) . SIGNIFICANCE: The proposed amendment will further the goals of the City and therefore will not be considered significant. C. Land Use As discussed above, credit unions no longer differ from banks in the types of services they provide. In addition credit unions serve the same citizens in surrounding neighborhoods that banks do. Therefore credit unions should be treated equally with banks: Currently, branch offices of banks and savings and loan establishments are allowed in the C-N zoning district. The purpose for the C-N district as specified in Municipal Code Section 17 . 38 . 010, is to "provide retail sales and personal services primarily for the convenience of surrounding residential areas. " Branch offices of banks or credit unions "fit" with this purpose. 2-1� Environmental Review - R 1-93 Page 3 SIGNIFICANCE: The proposed amendment will result in consistent treatment of similar uses serving the needs of residential areas surrounding C-N districts so will not be considered significant. III. STAPP RECOMMENDATION Staff recommends that a negative declaration be approved for the proposed zoning ordinance amendment. z��s MT' G AGENDA Dki ` I"3 ITEM # Crawford Multari & Starr p I a n n i n a • architecture • public policy COPUSTO: I March 15, 1993 ❑•De,ores Action ❑ FYI ICAOCamel I(CDDDHL Honorable Mayor and City Council ACA ❑ Fn�T'rni. cao ❑ FMai]EF City of San Luis Obispo ATroRvEy ❑ PwDEI. CL_'RK/ORIG. ❑ POLICECIi Hand-delivered iMCWT111,11 C_1 r,EC.DM �CFa�DFILE ❑ UTTLDIP, Dear Mayor Pinard and Councilmembers, Among the public hearings on your agenda Tuesday night is a request to treat credit unions the same as banks and savings-and-loans in the zoning ordinance. Curiously, branch offices of banks and s & I's are allowed in the CN zone, but branch offices of credit unions are not. Although the staff and Planning Commission both recommend the requested change, there has been concern expressed about this issue, specifically that one must be a member of of a credit union to take advantage of its services. I just wanted to briefly address a few questions that might help in your deliberation. 1. Are the services of credit unions and banks significantly different? The services provided by credit unions are essentially the same as banks: savings and checking accounts, automated teller machines, auto and other loans to customers. In some ways, credit unions may be even more "neighborhood" oriented because they do not offer services to commercial customers (like business loans). i: 2. Are the impacts on neighborhoods significantly different? The impacts should be about the same. A similar number of customers for the same kinds of services can be expected. 3. Does the fact that credit unions require membership mean that the use can not be a neighborhood serving one? Of course, credit unions do require customers to be members (it typically requires a minimum deposit and a small fee to join). And, not every one may be a member. However, membership requirements tend to be quite inclusive and typically encompass a large percentage of the population. For example, membership in the Golden One Credit Union, the applicant in this case, is open to all state employees, Cal Poly students, and employees of hundreds of other associations and businesses in California. While most of these are not local (and, by the way, local businesses and organizations may apply for eligibility if certain conditions are met), membership is open to anyone related to an eligible person by blood or marraige. Thus, for example, if your uncle works at Cal Poly, you can be a member. Furthermore, once a member, you are eligible for. life. N n R 1 05 1993 CITY COUNCIL CAN LL"5 OE:EFC, CA 641 Higuera St., Suite 202 • San Luis Obispo, CA 93401 (805) 541-3848 Fax (805) 541-9260 Thus, while in fact membership is a requirement, the pool of people that can be members seems to be very large, particularly in this area where so many residents are students or state employees or relatives of the same. Surely, this kind of use would be primarily neighborhood-serving in a neighborhood center closest to the University and proximate to the largest concentration of high density student housing in the City. Of course, these are the eligibility requirements of this particular credit union. But most credit unions try to be as inclusive as possible (after all, they want as many customers as possible). In sum, I think it ironic that our zoning ordinance allows establishments like Bank of America, or Wells Fargo, or First Interstate to put branch offices in CN zones, but that branches of credit unions are excluded. I think it make sense to afford the same convenience to people who choose to put their savings in credit unions as we do to those who choose to patronize commercial banks and savings-and-loans. Thank you for your consideration. Sincerely, Michael Multari 1; MEET49,( AGENDA RLE DATEITEM #a March 10, 1993 $ tG � To the City Council Re:Zoning Code Amendment to Allow Credit Unions in C-N Zone (Mar. 16 agenda) MAR 1 1 1993 From Richard Schmidt 112 Broad St. San Luis Obispo, CA 93405 CITY CLERK SAN LUIS OBISPO,CA I urge the Council to deny the proposed Zoning Code Amendment for the following reasons: 1. The change represents one more effort to chew away at the concept behind the CN designation and to open the zone to all types of commercial activity. It is therefore contrary to the city's General Plan, not to mention good planning. 2. Such nibbling away at the CN zone negates the zone's purpose of providing retail uses that serve immediate neighbors' needs. 3. Such nibbling away at the CN zone introduces uses that are predominantly city-wide draws, and the resulting stimulus to cross-town traffic is counter to adopted city policies (including the General Plan) that call for clustering city-wide uses,thereby limiting cross-town traffic. 4.The shift in CN uses towards city-wide draws specifically causes through-traffic intrusion into neighborhoods (and the project for which this zoning code change is requested is an excellent example of stimulating traffic intrusion in the Broad/Chorro residential corridor, as I shall explain later). Such through-traffic intrusion is not only bad neighborhood planning, leading to diminished quality of life and diminished residential property values, it is also contrary to the city's Land Use and Circulation elements. 5. The replacement of retail uses in small CN zone shopping centers with non-retail uses diminishes the city's revenue base by precluding a sales tax generating business from locating at a site planned for accommodating such businesses. The municipal revenue implications of the zone change have not been analyzed. 6. The requested zone code change is unfair to existing locally-owned credit unions that, as good local citizens, have conformed to existing zoning regulations and adopted community goals, at considerable financial cost and locational inconvenience and disadvantage. The requested change thus would give an outside operator, with the determination and chutzpah to seek to circumvent adopted plans and goals, an unfair advantage and a special privilege at the expense of established community institutions. 7. Although the zone change is one that would apply city-wide,the specific proposal which inspires it illuminates the many problems that will follow adoption of the change, including detrimental effects on residential neighbors of such a project and on traffic circulation and safety on city streets.The zone code change, therefore, must be considered in the context of the sort of project that will follow its enactment. And remember, once the text is changed, there will be no further public review of individual proposals. 8. Staff's analysis failed on many points to consider the overall implications of the requested change, and thereby came to an incorrect conclusion in recommending approval as being consistent with city planning policy. Staff's interpretation therefore should be overruled by the Council. 9. The Planning Commission failed to consider information that questioned the original one-sided staff recommendation, and thus based its recommendation of approval to a large extent on incomplete and/or questionable information and interpretation of city policy provided by faulty staff analysis and by the applicant's one-sided presentation. (It still strikes me as incredible,for instance,that a letter I submitted to the Commission two days before their meeting was prevented from reaching the Commission by staff. My letter—Attachment A to this memo --would have raised issues that went . unraised.)The commission recommendation must be viewed, then, as one based on tangibly incomplete information. 10. The Council must articulate that a part of protecting neighborhood quality of life is protecting the integrity of the neighborhood commercial concept. CN zones are integral parts of neighborhoods. They are not intended to be general, city-wide-drawing zones of commerce.To turn them into general zones of commerce, which the proposed change would do, diminishes neighborhood viability. Analysis of the request. Background The requested change comes because Golden 1 Credit Union, a state-wide financial institution serving state employees,wants to open a"branch"with a 24-hour ATM in the Ferrini Square shopping center at the Foothill/Chorro/Broad intersection. This would be Golden 1's only branch between Goleta and the Pagel F southern Bay Area, and would apparently be intended to serve all of San Luis Obispo County and perhaps northern Santa Barbara County customers as well. General Plan Issues In the original staff report to the Planning Commission,which is quite different from the one to the Council, there was discussion of whether the proposed zone code change was consistent with the General Plan. However,the discussion was inadequate, and came to what I believe are incorrect conclusions. Therefore, I provide the following discussion. It is clear from the General Plan LUE that the CN zone is intended for neighborhood-serving uses, and not for uses that are community-wide draws. The reasons for this are several:to provide for the in- neighborhood shopping convenience of neighbors, to protect neighborhoods from intrusive commercial activities (like traffic and commercial nuisances caused by high-intensity uses),to cut down on cross-town traffic, and-- in the converse --to encourage the centralized clustering, rather than the dispersion,of community-wide-serving commercial activities. For example,the LUE has an explicit directive that proposed expansions of CN uses must be judged by whether they serve the neighborhood: "Criteria for evaluating such proposals include determining whether uses are in fact those which will serve nearby residents. not the community as a whole."[LU E Goals and Policies, Section C.3.a.3.(1)] Credit unions have been excluded from CN zones for good reason. By law, a credit union may offer its services only to members of an affinity group the credit union is established, by charter,to serve. Its clientele is thus not the general public, but a particular set of individuals with some shared affinity,typically an occupational affinity.Therefore, unless a credit union's affinity group all happened to live in a single neighborhood, which is highly unlikely, there can be no pretext that a credit union branch is a "neighborhood-serving"business. A credit union branch would be at least a city-wide draw. (None of this background on credit union functioning was included in staff's report to the Planning Commission. Staff instead claimed there was no difference between banks and credit unions, a position that's without factual basis.) Furthermore,the LUE has explicit policy on the matter of proliferating financial institution offices, and states that they are not to be scattered about town in CN zones: Isolated office uses within residential areas or convenience commercial centers[the term LUE uses for CN uses]should be discouraged... The dispersio of design firms, banks, real estate offices, financial institutions, medical clinics, and doctors offices, and lawyers offices throughout the city is prohibite " (Policy C.3.b.2) Instead, the LUE states that such uses "should be encouraged to develop in peripheral areas of the Central Business District and other specialized centers," like office zones. (Policy C.3.b.1) And till now, that in fact is where credit unions have located. (To be explicit,they are located in the O zone, on the downtown periphery or along Los Osos Valley Road.) Staff and the applicant make a big deal of the question:"Does a credit union offer services similar to those offered by a branch bank,which is a permitted CN use?"Staff concluded in its Planning Commission report that the answer was "yes."That question, however, is not the correct question to ask. A better question to test General Plan conformity would be: "Does a credit union serve the same sort of neighborhood clientele as a bank?"Clearly, in light of the affinity group membership requirement,the answer to the second question is"NO."Therefore, under the General Plan LUE criteria, credit unions are not an appropriate CN use. Furthermore, even banks that locate in CN zones have done so in large CN centers,or in free-standing buildings, not in the sort of cramped small center quarters that would be permitted under the proposed zone text change and which are in fact being proposed by the applicant. There is thus a substantial difference between what has been done y,banks, and what is proposed. (At present, of all the city's banking institutions I can think of only tw r in the CN zone, Mid-State on Broad at South, a freestanding building in an otherwise vacant CN zone, and La Cumbre at Laguna Village, and both prove my point.The CN zone simply is not the zone where banking institutions of anytype are best located. So perhaps the zone change the council should be considering is to eliminate.&II banking institutions from the CN zone's allowed uses.) I believe that in light of the above evidence credit unions are inherently not the sort of neighborhood- serving uses intended for CN zones by the LUE. Also,the LUE provides a positive directive about where they should be located. I don't feel, therefore, one can make an honest argument that the requested change conforms to the General Plan. Who would be served by the proposed credit union office? Like all credit unions, Golden 1 is chartered to serve specific affinity groups. It cannot do business with just anyone who happens to walk in off the street;one must be a member. Golden 1's traditional affinity Page 2 group has been state employees. This is borne out'byits ad in the current phone book (see Attachment 5J,which advertises:"Low-cost financial services for state employees and members of their families." Golden 1's membership application (see Attachment C) provides further evidence that being part of a specific affinity group is required to do business with Golden 1. Since residences of Golden 1's affinity groups are scattered throughout the city and county, and since the majority of neighborhood residents could not patronize Golden 1 if they wanted to,the use is not primarily a neighborhood-serving use. Ostensibly, Golden 1 wants to locate in the Ferrini Square shopping center so it can offer"low cost financial services"to Cal Poly faculty and students,who are among its affinity group affiliates. This target population, however, is not currently underserved by financial institutions.There are within a short distance of the proposed site two established banking institutions (on properly zoned parcels). There are a handful of ATM machines as well as a full-service banking office on campus. Furthermore, since the majority of students and faculty don't reside in the immediate neighborhood around the proposed credit union site (and remember that the LUE touchstone for ON uses is to serve nearby residents), other banks throughout the community serve this constituency as well-- as a visit to any of them will indicate. In light of this,there appears to be no compelling community need to after the city's zoning ordinance to accommodate this request. Moreover,faculty and students interested in dealing with a credit union are already served by the local customer-owned Sesloc Federal Credit Union, one of the largest credit unions in the state,which has a full-service walk-in office with 24-hour ATM on the Cal Poly campus (and a main location in an office zone on Los Osos Valley Road,to which Sesloc moved several years ago, despite locational misgivings,when it needed more space than available at its old office-zoned location at Johnson and Peach, and could find suitably zoned space that met its needs only at the city's periphery). Golden 1 would thus be going head- to-head with an established credit union for a clientele which is already well-served. That probably isn't a problem for Sesloc, but it might be a problem for Golden 1, since according to its fee schedule it charges for nearly all the routine services Sesloc offers free of charge. Its monthly"low cost"service fees are also higher than those for economy accounts offered by commercial banks in the neighborhood. So, given students'and faculty members'general consumer awareness,it's hard to believe Cal Poly will really provide all the customers needed to justify the new Golden 1 branch. Who will? I called Golden 1, and was told its nearest branch today is in Goleta. I suspect,then,that the proposed Foothill office will in fact serve Golden 1 members from all of San Luis Obispo County.There are, after all, state employees throughout the county. In that case it clearly will not be a neighborhood-serving use. Is a full-service "bank-like institution" suitable in the Ferrini Square Center? The zoning change would allow credit unions by right in any ON zone, including small ON centers like the location proposed. The request therefore focuses attention on the ON compatibility issue, since much CN-zoned land is in small centers. The Ferrini center has two-thirds of its access points from residential streets,in violation of General Plan directives requiring arterial access to ON centers. Its access is less than optimum from any street. It is difficult to get into and out of with a vehicle, and difficult to negotiate in its interior. If traffic in-and-out increases markedly,this will affect the safety of both patrons and other vehicles traversing access streets. The center is adjacent to residences. It was controversial when approved, for these and other reasons. Locating a city-wide or county-wide-serving financial institution in the Ferdni Center will encourage further through traffic in the Broad/Chorro corridor,where through traffic is already an acknowledged problem that diminishes the near 100%single family residential area's quality of life. Banks with 24-hour ATMs (one is proposed by Golden 1) are busy places. Contrary to the sentimental belief of those who live on the other side of town, student patrons of Foothill area banks do not come and go predominantly on foot or bicycle. Watch the parade of vehicles in and out of the Wells Fargo at Foothill and Santa Rosa any evening if you want to see what a disruption these installations can be to traffic, public safety, and neighborhood peace and quiet! In fact, in the not-so-distant past,when the ON parcel at Foothill and Tassajara was up for rezoning to office use,the applicant said by way of rhetorical threat (in public)that if the parcel wasn't rezoned he could put a bank there, and create a ruckus that would keep neighbors awake all night, every night! (The point, in fact,was off-base, since the rezoning would still have allowed him to do that if he was so inclined.) Banks with ATMs, in other words, aren't good neighbors, and everybody knows that. It's also interesting that legitimate banks don't locate in small centers precisely because such sites don't offer suitable accommodations. Even when located in CN centers,they are always in locations with good ingress/egress, plenty of parking, and often in freestanding structures. Even if Golden 1's activity level was half or less that at Wells Fargo,one can envision severe traffic and compatibility problems of such an institution's locating at the proposed site.The door should not be Page 3 opened to this sort of disruptive, nuisance-prone, and inherently non-neighborhood-serving use locating by right in the CN zone. Unfairness of the request. The request,in short,is particularly unfair to the local credit unions who have willingly played by accepted community rules pertaining to credit union location. As mentioned, Sesloc moved to the sticks when it needed to expand (promising its members all the while it would open a more centrally-located branch when possible). Several small credit unions went together to build an office on Osos Street between Marsh and Pacific, also a suitably zoned site and certainly more costly to develop than a CN storefront. Conclusion. Golden 1 Credit Union should be welcomed to our city--on an already suitably zoned site. Our zoning code should not be dismantled, and our CN zone in particular turned into a"garbage zone"reminiscent of the C-S zone, simply because a particular business doesn't want to play by the established rules that all its competitors have played by.There are suitably zoned sites, even in the Foothill area, with adequate ingress and egress from arterial streets,distant from residences, and located so as not to draw traffic through neighborhoods, so playing by established rules really doesn't seem too much to ask of Golden 1. Attachments: "A" through "C" COPIESTO: 11 De c s AA= ❑ FYI DRQ(XzundI 4CDD DIR Nhe E3 FIN.DIX tlQ ACAO ❑ FIRECHIEF 7-I ORAIEY ❑ FW DIR CLr�FiKI RIG. ❑ POLICECfi ❑ M�cmT.TEAAQ G P.EC DIR —�—READFILE ❑ vnL DiR Page 4 Feb. 9, 1993 frac�a w.e ct f r� To the Planning Commission Re: Item 4, Zoning Amendment to Allow Credit Unions in C-N Zone From Richard Schmidt As a long-time defender of the neighborhood commercial concept from those who don't understand its purpose, this item and the favorable staff recommendation caught my eye. Information in the staff report on which the recommendation is based is incorrect in that it fails to account for the inherent difference between banks and S&Ls, on the one hand, and a credit union, on the other. Anyone can walk off the street into a bank or S&L and open an account. They are public businesses. Therefore, the rationale for including branches in the CN zone makes sense; branches may cut down on cross-town travel, and increase convenience for the general public. A credit union, however, is not such a public conveyance. By law, a credit union may offer its services only to members of an affinity group the CU is established, by charter, to serve. Its clientele is not the general public, but a particular set of individuals with some shared affinity, typically an occupational affinity. Therefore, unless a CU's affinity group all happened to live in a single neighborhood, which is unlikely, there can be no pretext that a.CU branch is a "neighborhood-serving" business. A CU branch would be at least a city-wide draw, and very likely a county-wide draw. The proposed zoning amendment therefore flunks the LUE touchstone cited at the top of the staff report's Page 2: "Criteria for evaluating such proposals include determining whether uses are in fact those which will serve nearby residents, not the community as a whole."[LUE Goals and Policies, Section C.3.a.3.(1)] Allowing CUs in the CN zone would increase through traffic in neighborhoods that provide access to neighborhood centers, and the prevention of this outcome is one of the objects of the city's CN planning policy. Not mentioned in the staff report is another LUE touchstone which directly addresses the issue of proliferating financial offices, like CUs. Policy C.3.b.2, which deals with such office location, states: "Isolated office uses within residential areas or convenience commercial centers [the term LUE uses for CN uses]should be discouraged... The dispersion of design firms, banks, real estate offices, financial institutionsmedical clinics, and doctors offices, and lawyers offices throughout the city is prohibited." In my view, these LUE policies taken as a whole indicate that the requested zone code change is inappropriate, and should be rejected. In conclusion, the city's present zoning regulations, which assign credit union offices to non-neighborhood-serving commercial zones, is the correct approach to their location. further caution the commission that the incremental chewing away at the purpose and rationale for neighborhood commercial zoning is rapidly turning the CN zone into another "garbage zone" reminiscent of the CS zone. I hope we can halt this process, for preserving neighborhood commercial's neighborhood-centered purpose is an integral part of preserving the quality of life in our city's neighborhoods. • ' 1 icesCHAPELS : 1:; '/:r 1 11 1 I 1 -+. 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TOLL FREE 1-800-521-0137 14151tONTERET SAN LUIS OBISPO .�r "CUA (FREE PARKING INREAR) , �. Oak 9 El C Caber i R - 29009 EI amiro RE Sn -_� SyeCiaTking M C77tfi 4— ' 1loo Valley Cleamm' From Casual to Luxurg::'- B53 oak Pak o PB ` Poore Orr Ciamena SLIT i.. V cribivel.Service Cwllrver§'ihavel We've Been There_ n4 ttlguer, sir.... •s.ue.r. Ct21I Aja:-..,..,". CRUISE SPECSTS UridgI IALI "ATASCADERO'S CRUISECENTER' DOMPIrCRUSESAVAILABLE 544-643443.. ? COQ ANNIE JOHANSEN CTG MGA . aue+w Chao AM-Boo PIT' r Monday Friday rte SATURDAY TOAY•4PW. '. St00a.rn.to 5:OOP•rrL `_ LAR: 461' A222 : CAU :_ . ..J407 Garden Streek . ' Sabi 8740 PUEBLO AVE' ATASCADER!O "' 541.414 : -.'San Luis Obispo: Inde (Located Behind The Atescadero Credit Union . C+PaAElMraaoQONhA1sN+d t1NlelonolTnaTnvrCulyalp_, . fa 755 SANTA ROMi_ lAdsr tema.aan,re0h. helpful C _ – i4+}'a c m e Kf C --------- ------------ r———————ns ug Jnr The Goldenl Credit Union Iroe ams ma I Name(s): .bership are I Acct# Sub# ndI Membership Application finanacicingng,, I Name of Member. Birthdate: ays high I Mailing Address and I City/State/Zip: y the I Work Phone Home Phone: Driver's license : Mother's Maiden Name. 9ntage of I Employer. Birth Place: helps i Social security#: Li can use m I Name of Joint Owner. 11 field sign- 8 I Home Address(if different from above): services on o ___________________________________ 91 _________________________ m I Work Phone Home Phone: nd any joint I Mother's Maiden Name Birthdate isy-to-use I Driver's license#; Social Security#: :e r ale I Name of Joint Owner. 1 1 Home Address(if different from above): •e indicated Work Phone Home Phone Mothers Maiden Name Birthdate.- Driver's irthdate:Driver's license#: Social Security#: I I hereby apply for membership based on one or more of the following qualifications. ❑ 1.State Employee:Department County I ❑ 2.City Employee oL• ❑ Sacramento ❑ Davis ❑ Folsom ❑ Turlock ❑ Other ❑ 3.Retired Public Employees Association a I ❑ 4.Faculty or Employee of University I ❑ 5.Insurance Company County o ------------------------------------------------------------ 0 —_—__—_ _________________________________❑ 6.Student attending University ❑ 7.Family member of a Golden 1 member ❑ S.Other. County I/We would Lice to establish our accounts as I ❑ Single Account This type of account is for any individual who does not want anyone else to have access to their credit union account ❑ Joint Account This type of account gives another individual the right to your credit union account • Under penahim of perjury, I certify (1) that the number shown below Is my correct Taxpayer Identification Number(TAN)and(2)that I am not subject to backup withholding,either because I have not been notified that I am subject to backup wkhholding as a result of fhilme to report all Interest or I dividends,or the Internal Revenue Service bas notified me that 1 am no longer subject to backup whhholdlag. IX TIN(So"Secwft Nember) I 67 jpe.9/911