HomeMy WebLinkAbout10/21/1997, 3 - TA 99-97: CHANGE TO ZONING REGULATIONS TO ALLOW EMERGENCY MEDICAL SERVICES IN NEIGHBORHOOD COMMERCIAL (C-N) ZONES council "u°'°_a, 97
j acEnaa RePoat
CITY OF SAN LUIS 0BISPO
FROM: Arnold Jonas,Community Develop nt Director
Prepared By:Judith Lautner,Associate Planner
SUBJECT: TA 99-97: Change to zoning regulations to allow emergency medical services in
Neighborhood Commercial (C-N)zones
CAO RECOMMENDATION
Approve the Negative Declaration of Environmental Impact and Adopt an ordinance approving a .
change to the zoning text, to allow emergency medical services, up to 2,500 square feet in floor
area,in Neighborhood Commercial zones,as recommended by the Planning Commission.
DISCUSSION
Situation.
The applicant wants to be able to lease space in the Laguna Shopping Center to an emergency
medical facility. The zoning regulations do not allow medical facilities in C-N zones. The
applicants therefore want to change the.zoning regulations text to allow such facilities. The
Planning Commission heard this item on September 24, 1997, and recommended approval, with
some limitations.
Data Summary
Address: Citywide C-N zones
Applicant: Molina Family Trust
Property owner: Not applicable
Representative: R. Poltl Associates
Zoning: Neighborhood Commercial (C-N) zones citywide
General Plan: Neighborhood Commercial
Environmental status: Environmental initial study completed September 11, 1997, reviewed by
the Planning Commission September 24, 1997
Project action deadline: None: state deadlines do not apply to legislative actions
Site description
The sites are all C-N zones within the city limits.
Project Description
The project is the addition of emergency medical facilities to the list of uses allowed in the C-N
zone, with a 4,000-square-foot limit for such facilities. The applicant has submitted wording for
.3 - 1
TA 99-97
Citywide C-N zones
Page 2
this text amendment. The Planning Commission is recommending approval of a modified
version of this request.
Evaluation
1. The use is consistent with the intent of the zone. The Land Use Element says the
Neighborhood Commercial district is intended for neighborhood-serving uses (see initial
study, attached). Emergency medical clinics are designed to serve drop-in clients who need
assistance because they are sick or injured. Such clinics normally serve clients with a wide
range of insurance plans or no insurance at all, and are typically much less expensive than
emergency room treatment. Allowing such clinics to be spread out in neighborhood centers
throughout the city will allow nearby residents to go to the nearest such clinic for care.
2. A size limit is proposed. The applicants have proposed a 4,000 square-foot limit on such
uses. For comparison: the Med Stop clinic in Madonna Plaza (a C-R zone) is 2,000 square
feet in area. The Family Medical Center, which includes the Urgent Care clinic, on Santa
Rosa (Office zone) is 3,000 square feet. Mission Medical clinic, a full-service medical clinic
which includes urgent care as only one component, is 46,700 square feet in area.
The Planning Commission felt that 4,000 square feet was too large, and might invite uses that
were not primarily emergency-serving in nature. That Commission recommended a limit of
2,500 square feet instead. The applicant did not state a specific reason for the 4,000-square
foot request except that this was the number suggested to her by a medical services business.
3. A use permit should be required. The applicants are requesting a text change that would
allow emergency centers by right. It may be more appropriate to require approval of an
administrative use permit. Such a permit would require public notice and allow the hearing
officer to set conditions and remind the applicants for the permit that the permit is for
emergency services (and follow-up) only. The Planning Commission recommends this
requirement, and the applicant's representative does not object.
CONCURRENCES
Other departments have no concerns with the request.
FISCAL IMPACT
The text change should have no effect on the City's finances.
ALTERNATIVES
The Council may deny the amendment, if it finds that the change would be inconsistent with the
general plan or other policy documents.
3-Z
TA 99-97
Citywide C-N zones
Page 3
The Council may continue action, if additional information is needed. Direction should be given
to the applicants and staff.
The Council may approve the amendments, but modified as determined at the meeting.
Modifications may include a change to the size limit, a change to the process (use permit
requirement), or include additional limitations.
Attached:
Draft ordinance
Exhibit A: Planning Commission-recommended text changes
Applicant's letter and suggested text changes
Environmental initial study
Update of Planning Commission's Sept. 24 meeting(in lieu of minutes)
3-3
ORDINANCE NO. (1997 SERIES)
AMENDMENTS TO THE ZONING REGULATIONS TEXT
TO ALLOW EMERGENCY MEDICAL FACILITIES NO LARGER THAN
21500 SQUARE FEET,IN NEIGHBORHOOD COMMERCIAL ZONES,
WITH APPROVAL OF AN ADMINISTRATIVE USE PERMIT
(TA 99-97)
WHEREAS, the Planning Commission conducted a public hearing on September 24,
1997, considered testimony of interested parties and the evaluation and recommendation of
staff, and recommended approval of the text change to the City Council; and
WHEREAS, the City Council conducted a public hearing on October 21, 1997 and has
considered the Planning Commission's recommendation, the testimony of interested parties and
the evaluation and recommendation of staff; and
WHEREAS, the City Council finds that the proposed revisions are consistent with the
General Plan, the purposes of the Zoning Regulations, and other applicable City ordinances;
and
WHEREAS, the City Council has considered the draft Negative Declaration of
environmental impact as prepared by staff;
BE IT ORDAINED by the City Council of the City of San Luis Obispo as follows:
SECTION 1. The City Council finds and determines that the project's Negative
Declaration adequately addresses the potential significant environmental impacts of the
proposed text amendment to the zoning regulations, and reflects the independent judgment of
the City Council. The Council hereby adopts said Negative Declaration.
SECTION 2. Section 17.22.010 (Table 9) of the Municipal Code is hereby amended
as follows:
17.22.010
Offices(professional)attorneys, A �o m
counselors,medical services,
accountants,investment brokers,
reaftors,appraisers
Notes:
1. . . .
3-�
Ordinance no. (1997 Series)
TA 99-97
Citywide C-N zones
Page 2
22. Emergency medical facilities may be allowed in the C-N zone, with approval of an Administrative Use
Permit,Provided that the gross floor area of such establishment shall not exceed 2,500 square feet.
SECTION 3. A synopsis of this ordinance,approved by the City Attorney,together with
the names of the Council Member voting for and against,shall be published at least five 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 a meeting held on the day of
on motion of
,
the following roll call vote: seconded by and on
AYES:
NOES:
ABSENT:
Mayor Allen Settle
ATTEST:
City Clerk Bonnie Gawf
APPROVED AS TO FORM:
?'ty00M7Je YJ
Exhibit A
Citywide C-N zones text amendment
able 9-Uses Allowed by Zone R-1 R-2 R-3 R-4 C/OS O" PF C-N I C-C I C-R C-T C-S M
Motels and hotels(see also bed and
breakfast inns - A A A
Museums PC A A
Nightclubs.discotheques,etc.(see D D D . PC"
Chapter 5.40,Adult Entertainment
Establishments)
Offices contractors -allof
types
general and special building A A0 A A A
contractor's offices
Offices(engineering)engineers, q AID : A A io
architects,and industrial design "
Offices(professional)attorneys, A as Alp A ,o ,o
counselors,medical services,
accountants,investment brokers,
realtors,appraisers
Organizations(professional,religious, D:i D A p /VD A p
political,labor,fraternal,bade,youth,
eta)offices and meeting rooms
Parking(as a principal use) PC3 D,a PC= Du Du Dks.
Parks A A;;. A D'...': A D`.. A A . A
Photocopy services;quick printers A A AID A A A
)otofinishing-retail A A A PC A
rhotofinishing-wholesale;and blue-
D A A
printing and microfilming service
Photographic studios A A A PC A
Police and fire stations and training PC
facilities
Pool halls,billiard parlors,etc. PC D D D
Notes:
I. . . .
22. Emergency medical facilities may be allowed in the C-N zone,with approval of an Administrative Use Permit,
provided that the gross floor area of such establishment shall not exceed 2,500 square feet.
EXHIBIT A 3
R. POLTL AND ASSOCIATES
SHOPPING CENTER DEVELOPMENT
LEASING AND MANAGEMENT
July 23,1997
City of San Luis Obispo
Community Development
Planning Department HAND DELIVERED
RE: REQUESTED AMENDMENT TO TEXT FOR ALLOWABLE USES IN C-N ZONE
Attached is an application for amendment to the text of the City Zoning Ordinance(Table 9)to
allow for emergency medical facilities,not to exceed 4,000 square feet,within a C-N zone.
We are making this request as the addition of emergency medical facilities to commercial
neighborhood zones would provide a useful service primarily for the convenience of the
surrounding residential area. By limiting the use to emergency services only and limiting the square
footage the facility can occupy,this use is consistent with the purpose of the zone as it provides for
added variety to the available services for the residential neighborhood without creating a regional
draw.
Attached are following items to complete the application:
• City Planning Application
• Pages 44 through 53 of the City Zoning Regulations,with amendments added and
highlighted
• Portion of the City Zoning Map showing site for proposed facility
• County Assessor's Plat 04-611 showing property where proposed facility would be
located
• Fee for Application of$2,621 ($1,954 for Text Amendment and$658 for
environmental review)
The application checklist for the initial environmental review requests a list of all agencies which
must approve or a grant a permit for the project. As this application does not involve new
development,there will be not additional agency review outside of City Planning,Planning
Commission or City Council review.
If you have any questions or require any additional information,please contact our office at 781-
9100.
Sincerely,
R. Pold and Associates
e vin eo
1328 MADONNA ROAD. SAN LUIS OBISPO. CALIFORNIA 93405 • TEL BC51781 ?1C0 • FAX 8051781 .9101 _7
Table 94AM Allotted by Zone R-1 R 2 R.9 R-4 C/OS O" PF -N C-C C-R C-T CS M
Mobile home as construction office :<. .::;>.)'..,
see Section 17.0&010C)
'.,sem;
A A A A
Mobile homes as tem >=A>>.:.::.. «Jl�::s<:::>:: A:<.i'«.:<}:< R.
residence 9 (
esid8t building site see :::}.::.....:.
X.0i}:.:iv
Section 17.08.010F)
sc:?<
Mortuaries �
D
A
XXXX
Motes
I hotels bed and breakfast
inns
sm:
><
<; <
.. •<,, :>Museums A A ... ., G .... :.
>:»>>Nightclubs,discotheques etc. (see :>
I Entertainment a er Adult F1tt
Chapter
540
t
li hments
Estab s )
Offices (contractors)-all types of A AfQ . A A A
general and special building
contractors offices ;;
...
"ar
A A
A
' e'n engineers,
Ices en me n
� ( 9 9)
architects,
hi and industrialdesign
to
A A
rn ?A B_
I s (professional)alto e
Offices
(P ) Ys.
?�
J.1:.::
i
>ii>i< < Y.
counselors, medical services,
ces
€>'.'
investment accountants,I estment brokers
i
realtors,appraisers
P
(professional, e. D
A D A D
Organizations ss A'�is
(P
religious,political,labor,fraternal,
offices d
de oath etc. o ces an
trade,
meeting rooms
.............. .....2.... ........__.__ .:.:.:.J:.J ::.;.
` PC D .
D:Parkin9 (as a principal use) ' D D:<'»
Parks !i; A A A A A D< A A' A
Photocopy services;quick printers A A ly/D. A A A
ini in -retail
Photofinishing C>`<>
9
-wholesale d D
Photofinishingan
bI e printing n and microfilming
service
Ph�9ra hic stud os A >A >::>: A C
P
Police and fire stations and training
€P
facilities
sti% +i2x!JJ
f:
P '' E:......
Pool halls
parlors,arlorsetc. C >?£1i>' >' D
A=Allowed D= Director's approval required PC= Planning Commission approval required A/D= Director's approval on ground floor;allowed above.
The Director shall determine if a proposed, unlisted use is similar to a listed use. Numbered notes are at end of chart.
47 S—F
C. That the project includes _adscaping and yards that adequately separat_ Larking and pedestrian
circulation areas from sites in nearby residential areas.
12. In the C-C and C-R zones, use permit review of automobile sound system installations should include
consideration of the following items: parking space displacement, noise from the operation, and appearance.
Use permits may be approved only when the use is accessory to a retail sales operation.
13. Where parking as a principal use is allowed, deviations to existing setbacks and building heights are permitted
upon approval of a use permit as required by Section 1722.010. All multi-level parking facilities shall require
the approval of a use permit by the Planning Commission.
14. Theaters in the C-N zone shall be limited to 4,000 square feet in size, a single screen, and restricted to shopping
center sites in the zone (See Section 17.04371).
1.5. Use permit review shall consider that the C-S zone is primarily intended to accommodate uses not generally
suited to other commercial zones because of noise, truck traffic, visual impacts and similar factors. A use
permit may be approved only when the church will not likely cause unreasonable compatibility problems with
existing or likely future service commercial uses in the vicinity. Use permit conditions may include measures to
mitigate incompatibility.
16. In the PF zone, only non-profit theaters are permitted.
17. Allowed by right where accessory to a church or school, or where an employer provides on-site child care to 12
or fewer children for the exclusive benefit of employees, providing the primary use meets City parking standards.
18. Church uses may be allowed inside existing buildings only.
19. Dry cleaning plants in the C-N zone shall be allowed subject to the following performance standards: less than
2,000 square feet in area; use APCD-approved low-emission equipment; and cleaning done on-site shall be for
customers coming to this location only (not serve as a regional plant).
2Z
x0. Emergency Medical Facilities in the C—N zone shall be allowed
subject to the following standard: less than 4, 000 square
feet in area.
53
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city O Sal'1
990 Palm Street, San Luis Obispo, CA 93401-3249
INITIAL STUDY
ER 99-97
Citywide
1 . Project Title: Text amendment for emergency medical facilities
2. Lead Agency Name and Address:
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401-3249
3. Contact Person and Phone Number:
Judith Lautner, Associate Planner
4. Project Location: Citywide Neighborhood Commercial (C-N) zones
5. Project Sponsor's Name and Address:
The Molina Family Trust of 1995
PO Box 3418
San Luis Obispo, CA 93403
6. General Plan Designation: Neighborhood Commercial
7. Zoning: Neighborhood Commercial (C-N)
8. Description of the Project: The project is the amendment of the zoning
regulations text to allow emergency medical facilities in C-N zones, provided
they are no larger than 4,000 square feet.
9. Project Entitlements Requested:
Zoning text amendment
Environmental review
10. Surrounding Land Uses and Settings:
There are several C-N-zoned areas scattered around the city. The zone is
typically near residential neighborhoods, on major streets.
/o The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. J /U
v� Telecommunications Device for the Deaf(805) 781-7410.
ER 79-97
Zoning text amendment
Citywide C-N zones
Page 2
11 . Other public agencies whose approval is required (e.g. permits, financing
approval, or participation agreement): None
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project,
involving at least one impact that is a "Potentially Significant Impact" as indicated by the
checklist on the following pages.
Land Use and Planning Biological Resources Aesthetics
Population and Housing Energy and Mineral Cultural Resources
Resources
Geological Problems Hazards Recreation
Water Noise Mandatory Findings
of Significance
Air Quality Public Services ''
,
Transportation and Utilities and Service
Circulation Systems
DETERMINATION:
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and a X
NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there
will not be a significant effect in this case because the mitigation measures described on a
attached sheets have been added to the project. A MITIGATED NEGATIVE DECLARATION will be
prepared.
I find that the proposed project May have a significant effect on theenvironment, and a
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a significant effect(s) on the environment, but at leas
one effect (1) has been adequately analyzed in an earlier document pursuant to applicable lega
standards, and (2) has been addressed by mitigation measures based on the earlier analysis a
described on attached sheets, if the effect is a"Potentially Significant Impact" or is "Potentially
Significant Unless Mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must
analyze only the effects that remain to be addressed
I find that although the proposed project could have a significant effect on the environment, ther
2
ER 79-97
Zoning text amendment
Citywide C-N zones
Page 3
WILL NOT be a significant effect in this case because all potentially significant effects (1) have
been analyzed in an earlier EIR pursuant to applicable standards and (2) have been avoided o
mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed
upon the proposed project.
September 11, 1997
gnat a Date
Ronald Whisenand, Development Review Manager For Arnold Jonas, Community Development Dir.
EVALUATION OF ENVIRONMENTAL IMPACTS:
1. A brief explanation is required for all answers except 'No Impact" answers that are adequately
supported by the information sources a lead agency cites in the analysis in each section. A'No
Impact" answer is adequately supported if the referenced information sources show that the impact
simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture
zone). A 'No Impact' answer should be explained where it is based on project-specific factors as
well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on
a project-specific screening analysis).
2. All answers must take account of the whole action involved, including off-site as well as on-site,
cumulative as well as project-level, indirect as well as direct, and construction as well as operational
impacts.
3. "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect is
significant. If there are one or more "Potentially Significant Impact" entries when the determination
is made, an EIR is required.
4. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation
measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant
Impact." The lead agency must describe the mitigation measures, and briefly explain how they
reduce the effect to a less than significant level (mitigation measures from Section 17, "Earlier
Analysis," may be cross-referenced).
5. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an
effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3)
(D). Earlier analyses are discussed in Section 17 at the end of the checklist.
6. Lead agencies are encouraged to incorporate into the checklist references to information sources for
potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or
outside document should, where appropriate, include a reference to the page or pages where the
statement is substantiated. A source list should be attached, and other sources used or individuals
contacted should be cited in the discussion.
3 3 -/z
Issues and Supporting Information Sources sources Potenna,iy Potentially Less Than No
Significant Significant Significant Impact
ER 99-97 Issues Unless Impact
mitigation
Citywide C-N zones Incorporated
Page 4
1. LAND USE AND PLANNING - Would the proposal:
a) Conflict with general plan designation or zoning? . 1,2 X
b) Conflict with applicable environmental plans or policies X
. adopted by agencies with jurisdiction over the project?
c) Be incompatible with existing land use in the vicinity? X
d) Affect agricultural resources or operations (e.g. impact X
to soils or farmlands, or impacts from incompatible land
uses?
e) Disrupt or divide the physical arrangement of an X
established community (including a . low-income or
.minority community)?
The Land Use Element (part of source 1) says that Neighborhood Commercial areas are"to meet the
frequent shopping demands of people living nearby". Centers are to include grocery stores, laundromats,
drug and hardware stores. While the Neighborhood Commercial policies do not address non-retail uses, the
intent of the designation (consider "laundromats") is to provide for uses that serve the surrounding
neighborhood. A small emergency medical center is consistent with this intent.
The zoning regulations use chart (Table 9) does not include"emergency medical facilities" as a separate use.
The existing emergency care facilities are considered similar to medical offices, and therefore grouped unde
"professional offices". Currently, medical offices are not allowed in the C-N zone. The request is to change
this table to allow medical offices, when they are emergency facilities, to locate in C-N zones if they are
under 4,000 square feet in area. The size limit would assure that such facilities do not become larger,
community-serving uses, like hospitals. If approved, the zoning text would be changed and there would b
no conflict with zoning.
2. POPULATION AND HOUSING - Would the proposal:
a) Cumulatively exceed official regional or local population X
projections?
b) Induce substantial growth in an area either directly or X
indirectly (e.g. through projects in an undeveloped area
or major infrastructure?
c) Displace existing housing, especially affordable X
housing?
3. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving:
a) Fault rupture? X
b) Seismic ground shaking? X
c) Seismic ground failure, including liquefaction? X
d) Seiche, tsunami, or volcanic hazard? X
e) Landslides or mudflows? X
f) Erosion, changes in topography or unstable soil X
conditions from excavation, grading, or fill?
g) Subsidence of the land? X
h) Expansive soils? X
i) Unique geologic or physical features? X
The request is for a text amendment. No specific site is under consideration.
4. WATER. Would the proposal result in:
a) Changes in absorption rates, drainage patterns, or the X
rate and amount of surface runoff?
4
Issues and Supporting Information Sources Sources Potcmimry Potentially Less Than No
Significant Significant Significant Impact
Issues Unless Impart
ER 99-97 mitigation
Citywide C-N zones Incorporated
Page 5
b) Exposure of people or property to water related hazards X
such as flooding?
c) Discharge into surface waters or other alteration of X
surface water quality (e.g. temperature, dissolved
oxygen or turbidity?
d) Changes in the amount of surface water in any water X
body?
e) Changes in currents, or the course or direction of water X
movements?
f) Change in the quantity of ground waters, either through X
direct additions or withdrawals, or through interception
of an aquifer by cuts or excavations or through
substantial loss of groundwater recharge capability?
g) Altered direction or rate of flow of groundwater? X
h) Impacts to groundwater quality? X
i) Substantial reduction in the amount of groundwater X
otherwise available for public water supplies?
The request is not a development project. No specific site is under consideration.
5. AIR QUALITY. Would the proposal:
a) Violate any air quality standard or contribute to an X
existing or projected air quality violation (Compliance
with APCD Environmental Guidelines)?
b) Expose sensitive receptors to pollutants X
c) Alter air movement, moisture, or temperature, or cause X
any change in climate?
d) Create objectionable odors? X
The provision of medical facilities near to neighborhoods would mean that residents of those neighborhood
would be able to travel short distances to get help in minor emergencies. This could mean a decrease i
longer trips and a corresponding decrease in the amount of air pollution generated for this purpose. Th
difference is not expected to be significant, however.
6. TRANSPORTATION/CIRCULATION. Would the proposal result in:
a) Increased vehicle trips or traffic congestion? X
b) Hazards to safety from design features (e.g. sharp X
curves or dangerous intersections) or incompatible uses
(e.g. farm equipment))?
c) Inadequate emergency access or access to nearby X
uses?
d) Insufficient parking capacity on-site or off-site? X
e) Hazards or barriers for pedestrians or bicyclists? X
f) Conflicts with adopted policies supporting alternative X
transportation (e.g. bus turnouts, bicycle racks)?
g) Rail, waterborne or air traffic impacts (e.g. compatibility X
with San Luis Obispo Co. Airport Land Use Plan)
The project is a text amendment, and therefore will not in itself create any effects on transportation o
circulation. However, the change would allow medical offices where they are not now allowed. If emergenc
medical offices are allowed in C-N zones, there may be more of these offices near residential neighborhoods
Residents would be likely to go to the nearest in the event of a minor emergency. There would then b
fewer longer trips for medical help, resulting in reduced long vehicle trips citywide. Impacts of such facilitie
on any specific location will have to be analyzed specifically for that location.
• 5 3 ��
Issues and Supporting Information Sources Sources Potenna,ry Potentially Less Than No
Significant Significant Significant Impact
ER 99-97 Issues Unless Impact
mitigation
Citywide C-N zones Incorporated
Page 6
7. BIOLOGICAL RESOURCES. Would the proposal affect:
a) Endangered, threatened or rare species or their habitats X
(including but not limited to plants, fish, insects,
animals or birds)?
b) Locally designated species (e.g. heritage trees)? X
c) Locally designated natural communities (e.g. oak forest, X
coastal habitat, etc.)?
d) Wetland habitat (e.g. marsh, riparian and vernal pool? X
e) Wildlife dispersal or migration corridors? X
No specific site is under consideration.
8. ENERGY AND MINERAL RESOURCES. Would the proposal:
a) Conflict with adopted energy conservation plans? X
b) Use non-renewable resources in a wasteful and X
inefficient manner?
c) Result in the loss of availability of a known mineral X
resource that would be of future value to the region
and the residents of the State?
9. HAZARDS. Would the proposal involve:
a) A risk of accidental explosion or release of hazardous X
substances (including, but not limited to: oil, pesticides,
chemicals or radiation)?
b) Possible interference with an emergency response plan X
or emergency evacuation plan?
c) The creation of any health hazard or potential health X
hazard?
d) Exposure of people to existing sources of potential X
health hazards?
e) Increased fire hazard in areas with flammable brush, X
grass or trees?
All medical offices deal with hazardous materials. Wherever they are located within the city, health
standards and regulations apply to the use and disposal of these materials. The text change will mean tha
additional offices may be located in areas where they are not now allowed, and that therefore there may b
additional hazardous materials where they were not previously. However, the current strict standard
imposed on medical waste and use are adequate to protect the public from exposure.
10. NOISE. Would the proposal result in:
a) Increase in existing noise levels? X
b) Exposure of people to "unacceptable" noise levels as X
defined by the San Luis Obispo General Plan Noise
Element?
11. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered
government services in any of the following areas:
a) Fire protection? X
b) Police protection? X
c) Schools? X
d) Maintenance of public facilities, including roads? X
e) Other governmental services? X
6 3 is�
Issues and Supporting Information Sources Sources Potentlm,y Potentially Less Than No
Significant Significant Significant Impact
ER 99-97 Issues Unless Impact
mitigation
Citywide C-N zones Incorporated
Page 7
12. UTILITIES AND SERVICE SYSTEMS. Would the proposal result ins need for new systems or supplies,
or substantial alterations to the following utilities:
a) Power or natural gas? X
b) Communications systems? X
c) Local or regional water treatment or distribution. X
facilities?
d) Sewer or septic tanks? X
e) Storm water drainage? X
f) Solid waste disposal? X
g) Local or regional water supplies? X
13. AESTHETICS. Would the proposal-
a) Affect a scenic vista or scenic highway? X
b) Have a demonstrable negative aesthetic effect? X
c) Create light or glare? X
14. CULTURAL RESOURCES. Would the proposal:
a) Disturb paleontological resources? X
b) Disturb archaeological resources? X
c) Affect historical resources? X
d) Have the potential to cause a physical change which X
would affect unique ethnic cultural values?
e) Restrict existing religious or sacred uses within the X
potential impact area?
15. RECREATION. Would the proposal:
a) Increase the demand for neighborhood or regional parks X
or other recreational facilities?
b) Affect existing recreational opportunities? X
16. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the potential to degrade the X
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining levels,
threaten to eliminate a plant or animal community,
reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important
examples of the major periods of California history or
prehistory?
See discussion above.
b) Does the project have the potential to achieve short- X
term, to the disadvantage of long-term, environmental
goals?
Short- and long-term goals are the same.
c) Does the project have impacts that are individually X
limited, but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection
3-�l:
Issues and Supporting Information Sources Sources Potenti- iy Potentially Less Than No
Significant Significant Significant Impact
Issues Unless Impact
ER 99-97 mitigation
Citywide C-N zones Incorporated
Page 8
with the effects of the past projects, the effects of
other current projects, and the effects of probable
future projects)
Allowing emergency medical centers in C-N zones is not-expected to result in any domino effects on the
zone or on medical offices in general.
d) Does the project have environmental effects which will X
cause substantial adverse effects on human beings,
either directly or indirectly?
See discussions above.
17. EARLIER ANALYSES.
Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, one o
more effects have been adequately analyzed in an earlier EIR or Negative Declaration. Section 15063 (c) (3
(D). In this case a discussion should identify the following items: .
a) Earlier analysis used. Identify earlier analyses and state where they are available for review.
No.earlier analysis was used.
b) Impacts adequately addressed. Identify which effects from the above checklist were within the scop
of and adequately analyzed in .an earlier document pursuant to applicable legal standards, and stat
whether such effects were addressed by mitigation measures based on the earlier analysis.
No earlier analysis was used.
c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe
the mitigation measures which were incorporated or refined from the earlier document and the extent t
which they address site-specific conditions of the project.
No earlier analysis was used.
Authority: Public Resources Code Sections 21083 and 21087.
Reference: Public Resources Code Sections 21080 (c), 21080.1, 21080.3, 21082.1, 21083, 21083.3,
21093, 321094, 21151; Sundstrom v. County of Mendocino, 202 Cal. App. 3d 296 (1988); Leonofff V.
Monterey Board of Supervisors, 222 Cal. App. 3d 1337 (1990).
18. SOURCE REFERENCES
1. General Plan Digest, City of SanLuis Obispo, 1997
2. Zoning Regulations, City of San Luis Obispo, February 1997
8 3�7
UPDATE
SAN LUIS OBISPO PLANNING COMMISSION
Council Chamber
. City Hall
990 Palm Street
San Luis Obispo
September 24, 1997 Wednesday 7:00 p.m.
CALL TO ORDER/PLEDGE OF ALLEGIANCE
ROLL CALL: Comrs. John Ashbaugh, David Jeffrey, John Ewan, Janet Kourakis,
Paul Ready, Charles Senn, and Mary Whittlesey
All Comissioners were present.
ACCEPTANCE OF AGENDA:
The agenda was accepted as written.
PUBLIC COMMENT:
There was no comment on items not on the agenda.
PUBLIC HEARINGS:
1. 963 Broad Street: R and ER 38-97: Request for a zoning change from medium
high density residential (R-3-H) to medium high density residential with a mixed use
combining district (R-3-MU-H) to allow possible mixed residential/office development
and review of environmental determination; Kathy Freeman, Autoquest Info.,
applicant.
The Commission continued the item to the October 8, 1997 meeting, without
discussion, because the applicant had not submitted a revised project description and
plans in time for review.
Planning Commission Meeting
September 24, 1997
Page 2
2. City Wide: TA and ER 99-97: Request to amend the Zoning Regulations to allow
emergency medical services in the Neighborhood Commercial (C-N) zone and
review of the environmental determination; Molina Family Trust of 1995, applicant.
The Commission recommended approval(6-1, Kourakis voting no) of the amendment to
the City Council, with a requirement for a use permit and a provision that such medical
facilities be limited in area to 2,500 square feet. The applicant had requested a 4,000-
square foot limit, but most Commissioners felt this size would be too large for an
emergency facility, and might encourage use of some of the space for non-urgent care.
The dissenting Commissioner felt that the smaller limit was somewhat arbitrary and
there may be good reason to want 4,000 square feet for such a use.
3. 3550 Broad Street: R 93-97: Request to amend the Zoning Map to eliminate the
Planned Development combining district (C-S-PD to C-S) in accordance with
Marigold Center conditions; Vons, applicant.
The Commission recommended approval (7-0) of a map amendment from C-S-PD to C-
S to the City Council, with little discussion.
COMMENT AND DISCUSSION:
Ron Whisenand, Development Review Manager, previewed upcoming agendas. He
noted that a new application from Albertson's, for the Broad Street site next to Fire
Station no. 1, might be submitted soon. He asked if any of the Commissioners would
have conflicts of interest in acting on such a project. Three Commissioners (Ewan,
Senn, and Ready) said that they would have a conflict, and one (Whittlesey) said she
might. If four Commissioners are unable to act on a project, then the project will be
taken directly to the City Council, bypassing the Planning Commission. Commr.
Whittlesey said she would find out her official status with regard to such an application
and let Whisenand know.
Commissioners discussed how the EIR for the proposed Cal Poly parking structure will
be reviewed by the City. Commissioners wanted members of the public to have some
input into the City's official comments. Chairperson Senn agreed to discuss with the
mayor the possibility of the Council holding a public hearing to solicit comments, before
forwarding the City's comments to Cal Poly.
Chairperson Senn asked about the progress of work on a workshop on commercial
zoning. Whisenand noted that staff has developed a draft workshop agenda, and is in
the process of making decisions about how to proceed with consultant help. Senn
wanted to be sure that he was kept informed of progress.
Planning Commission Meeting
September 24, 1997
Page 3
ADJOURNED at 8:09 p.m. to a regularly scheduled meeting of the Planning
Commission scheduled for Wednesday, October 8, 1997 at 7.00 p.m. in the Council
Chamber, City Hall, 990 Palm Street, San Luis Obispo, CA.
3-zb
mttlINU ARNIM
TE ITEM #
R. POLTL AND ASSOCIATES
SHOPPING CENTER DEVELOPMENT
October 15, 1997 LEASING AND MANAGEMENT
The Honorable Allen K Settle
Mayor
City of San Luis Obispo
990 Palm St.
San Luis Obispo CA 93401-3249
FrPPLERKIORIG
DD DIR
❑ FIN DIR
RE: TA 99-97: City Wide ❑ FIRE CHIEF
Change to Zoning Regulations ❑ PW DIR
❑ POLICE CHF
D REC DIRD UTIL DIR❑ PERS DIR
Dear Mr.Settle:
I represent the applicant, the Molina Family Trust of 1995,Landlord of the Laguna Village
Shopping Center. On September 24, 1997 the City Planning Commission approved our
application to amend Zoning Regulation's allowable uses for the Commercial Neighborhood(C-N)
Zone to include emergency medical services,of no more than 2,500 square feet in area and which
would require a Conditional Use Permit approval. Our original application requested a minimum
square footage of 4,000 square feet. Part of the reason for the reduction in square footage from
4,000 square fee to 2,500 square feet by the Commission was due to the fact that, as applicant,we
could give no solid evidence that 4,000 square feet would be needed for such a use.
The reduction in the allowable square footage puts our original purpose for the application in
jeopardy. I have, since that hearing,been given permission by our potential tenant to provide
evidence that the 4,000 square feet is reasonable and needed.
Dr.Lawrence H. Newman,Medical Director of Med Stop,an affiliate of French Hospital Medical
Center,now agrees that we can tell you he wishes to move Med Stop from Madonna Plaza to the
Laguna Village Shopping Center: Med Stop currently leases 2,000 square feet in Madonna Plaza
and have out-grown their space. Dr.Newman's Real Estate representative approached us to see if
wt had dre:spare avat?ai0ie. Vle have been.negotiating with died Stop to lease them a space.for .,
3,200 square feet,which Med Stop felt.would'be necessary to effectively satisfy the demands of
their customers. (Please see the enclosed letter from Med Stop's real estate representative.) At the
time of the Planning Commission hearing, we were still in the negotiation stages of our leasing
process and we could not divulge the potential tenant's name for reasons of confidentiality and in
respect to the tenant.
In deference to the Planning Commission's concerns,we are reducing our request for the 4,000
square foot minimum to 3,500 square feet. While we are in negotiations for a 3,200 square foot
space,it has been our experience that it is advisable to provide for future expansion or last minute
changes to the leasing agreement. Therefore, we are hereby requesting that you approve the
application as presented by staff at the Planning Commission hearing for an amendment to the
Zoning Regulations to provide for the allowed use of an emergency medical service facility in the
C-N Zone,with approval of a Conditional Use Permit, for an area not to exceed 3,500 square feet
for the following reasons:
1328 MADONNA ROAD, SA IS OBISPO, CALIFORNIA 93405 • TEL '81.9100 • FAX 8051781.9101
TA 99-97
City Wide Change to Zoning Regulations
1. An emergency medical facility is consistent with the purpose of the zoning as provided in
the City Zoning Regulation s Section 17.30.010;
2. An emergency medical facility would be an asset to the C-N zones by providing needed
services closer to the neighborhoods,both in the Laguna Lake area and other areas with C-
N zoning;
3. As presented by staff,the installation of an emergency medical facility in the C-N Zone
would require individual review by staff via a Conditional Use Permit(including the case
listed above for leasing to Med Stop in the Laguna Village Shopping Center); and
4. Med Stop, the most successful business that operates an emergency medical facility in our
county,explains that 2,500 square feet is too small to provide today's services. They now
nee�d.a r,irim�im of 3,504 square feet 3o adequ�tely.service-the.Laguna area in San Luis
Obispo.
Should you have any additional questions, you can contact me a 781-9100, and I will be available
at the City Council hearing,tentatively scheduled for October 21, 1997. Thank you for taking to
review and consider this additional information to the application.
Sincerely,
R.POLTL AND ASSOCIATES
&GjalvLattaneo
enclosure
cc: Ms. Judy Lautner,City Planning Department
Mr. Ronald C.Whisen=d,Development Review Manager
The Molina Family Trust of 1995
Dr.L. Newman,c/o Mr. Tai Martin
2
ComNmaN.Rau.EsrATe BwxmAu
October 2, 1997
Ms. Maureen McLean
R. Poltl & Associates
1328 Madonna Road
San Luis Obispo, CA 93405
Re: Med Stop
Laguna Village Shopping Center
San Luis Obispo, California
Dear Ms. McLean:
As we have discussed, the Med Stop has outgrown it existing 2,000 square foot facility at
the Madonna Plaza and there is no room for expansion. Dr. Lawrence Newman, Medical
Director of the Med Stop, asked me to contact you regarding space availability and his
interest in moving to the Laguna Village Shopping Center. You had indicated that you did
have a space of approximately 3,200 square feet available for lease. Dr. Newman agreed
that a space of that size would meet their needs.
Based on Med Stop's interest in moving to the Laguna Village Shopping Center and the
fact that this use would service primarily the residential areas surrounding the shopping
center, you made an application to the City requesting that this use be added to the
approved uses in the C-N zone.
I was pleased to learn that the San Luis Obispo Planning Commission is recommending
approval of your application, however the reduction in size from your requested 4,000
square feet to 2,500 square feet (that the Commission recommended) would not be
adequate for my client.
I understand that your representative did not mention the Med Stop at the Planning
Commission hearing. We appreciate your confidentiality, however after discussing the
matter with Dr. Newman, he agreed you could discuss the Med Stop's space needs with
the City Staff and Council prior to the next hearing so that your original request-can-be re-
evaluated.
I look forward to hearing from you following the hearing, tentatively scheduled for October
21, 1997. In the meantime, should you or the City have any questions, please feel free to
contact me.
Mr.eaa
1767 Sovrb BRoARAY • snr nwA,CA 93454 • (805)928-9282 • FAx(& 28.0I82 ..,
in„I-1J-177r LCI••17 rn.ld'I r•rn.r.. .fu rr'1 •._.. - ___._. --
_ a
Ms. Maureen McLean
October 2, 1997
page 2
We look forward to the possibility of relocating the Med Stop to the Laguna Village
Shopping Center to accommodate its needs and the needs of the local neighborhood.
Sincerely,
Tai Martin
Commercial Specialist
cc: Dr. L. Newman, Med Stop