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HomeMy WebLinkAbout02/17/1998, 2 - R 38-97 - APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY A REQUEST TO AMEND THE ZONING MAP FROM R-3-H TO R-3-MU-H, FOR PROPERTY LOCATED ON THE SOUTHWEST CORNER OF BOARD AND PLAM STREETS (963 & 967 BROAD STREET). council 2-1:7-98 j acEnaa nEpoin ".Aa CITY OF SAN LUIS OBISPO FROM: Arnold Jonas, Community Development Director�iO Prepared By: Pam Ricci,Associate Planner{ SUBJECT: R 38-97 - Appeal of the Planning Commission's decision to deny a request to amend the zoning map from R-3-H to R-3-MU-H, for property located on the southwest corner of Broad and Palm Streets(963 & 967 Broad Street). CAO RECOMMENDATION: Adopt a Resolution denying the appeal, referring the matter back to the Planning Commission to consider new information submitted by the applicants/appellants. DISCUSSION Background The structure located at 963 Broad Street, known as the Manderscheid House, is included on the City's Master List of Historic Resources. On Saturday, November 16, 1996, the historic house sustained major fire damage. Shortly thereafter, the house's owners, Kathy Freeman Godfrey and Keith Godfrey, submitted plans to the City showing the restoration and remodel of the house. These plans were ultimately approved by the Cultural Heritage Committee on January 27, 1997, and the Architectural Review Commission on February 3, 1997. On March 14, 1997, the applicants filed applications for a general plan amendment, rezoning and environmental review, to enable the establishment of office uses at the site. Planning Commission's Review/Action on Rezoning On August 13, 1997, the Planning Commission continued consideration of a request to modify the land use designation and zoning for the property from Medium-High Density Residential to categories that would allow offices on a 5-0-2 vote (Commr. Ready refrained from participating due to a potential conflict of interest), and Commr. Ashbaugh was absent). The specifics of the original application were to amend the zoning of the site from R-3-H, Medium-High Density Residential with the Historical Preservation overlay zoning, to C-C-H, Central Commercial with the Historical Preservation overlay zoning. The general plan amendment request was to modify the Land Use Element map designation from Medium-High Density Residential to Office. The Commission continued the requests with direction to consider use of a"mixed use"zone for the property that would allow both residential and office use in the dwelling once restored. The t Freeman-Godfrey Appy(;.-,j8-97) Page 2 applicants were directed to submit specific information on proposed site development, including solutions to meeting project parking requirements, and provision of a complete residential unit along with offices in the main house at 963 Broad Street. Although concerned with the change in land use in terms of general plan policies that encourage the retention of downtown housing, the Commission was generally receptive to exploring an innovative mixed use project at the site with restoration of the historic fire-damaged house. The fact that the proposed zoning category and land use designation included in the original application were inconsistent with one another raised some issues in evaluating the requests. The inconsistencies created more issues for staff to evaluate in its reports and more discussions at the public hearings as to the most appropriate land use and zoning categories for the site. Part of this was a positive exercise, as it allowed staff and the Commission to consider a full range of options for the site. On the other side though, the lack of a clear and concise vision for the future use of the property delayed a final decision regarding the most appropriate zoning category to effectuate the applicants' desire to add an office use component to the site. On January 14, 1998, the Planning Commission denied the proposed rezoning on a 4-1-2 vote (Commr. Senn voting no; Commr. Jeffrey was absent and Commr. Ready refrained from participating due to a potential conflict of interest). The Commission based their action for denial on findings that the proposed rezoning was inconsistent with the general plan, was out of character with the neighborhood, and did not demonstrate how the project was consistent with the MU overlay zoning. The Commission was anxious to find a solution that would preserve the fire-damaged historical house and had indicated support for the concept of mixed use. However, the Commission did not feel that the applicant had demonstrated how a viable residential unit would be maintained in the house along with proposed offices and how parking requirements could be met. Several members of the public provided testimony, some in favor of the request, and some against. Ralph Peters, a nearby property owner, stated that a full-time residential presence should be maintained at the site. Brett Cross expressed concerns with the inappropriate application of the mixed use zoning, "spot zoning" issues, and the proposal's inconsistency with general plan policies. Charles Tilly, employee at Mission Prep and also a neighbor, indicated that the Godfreys would be a welcome addition to the neighborhood. Ken Schwartz cautioned the Commission to not tailor a zoning for a particular applicant, but look at the long-range implications of the change. Doris Serpa and Mary Serpa Bachino, members of the family that previously owned the house supported the Godfreys efforts to rezone the site and restore the house. Appeal Filed On January 21, 1998, the applicants filed an appeal of the Planning Commission's action to deny their rezoning request. Their appeal letter reinforces their desire to reconstruct the fire-damaged house, but mentions that the value of the property as a residential only use does not justify the repair costs. In addition,the letter cites the need to accommodate employees for their business at .2-2 Freeman-Godfrey Appeal ka.j8-97) Page 3 this site as one of the main motivations for needing the rezoning. New Information Received The appeal letter also states that information regarding a separation between residential and office uses in the house at 963 Broad, plus potential parking configurations, would be submitted after the appeal's filing, but before the Council hearing. After the filing of the appeal, Keith Godfrey did submit the promised information. Staff believes that this information has merit and potentially addresses some of the Planning Commission's previous concerns. In staff s opinion, the best course of action would be for the Planning Commission to reconsider the mixed use zoning request with the new information submitted by the appellants. The Commission would be best equipped to consider necessary changes to the floor plan to accommodate mixed uses in the same building, the most appropriate on-site parking layout and the appropriateness of any needed exceptions to standards in terms of both the number and layout of parking spaces. As was pointed out in the Planning Commission's last report, staff would also need to prepare a revised initial study which responds to project changes since staff prepared the original initial study based on a different amendment request. ALTERNATIVES 1. Adopt the Resolution, included as Attachment 2, denying the appeal and upholding the Planning Commission's action to deny the requested rezoning based on inconsistency with the City's General Plan and the purposes of the mixed use zoning category. 2. Continue with direction to the staff to modify the prepared initial study to reflect the modified request which is R-3-MU zoning, separated residential and office uses in the same building at 963 Broad Street, and on-site parking beyond the existing on-site garage. The applicants/appellants would also need to sign the modified mitigation agreement prior to the matter being scheduled for City Council review. This would be the alternative that the Council would select if a majority wished to uphold the appeal, but did not support the CAD's recommendation to refer the matter back to the Planning Commission. The Council cannot approve the W rezoning without having a legally valid initial study on which to base their conclusions that the project will not result in significant impacts on the environment. Attachments Attachment 1: Resolution referring the rezoning back to the Planning Commission. Attachment 2: Resolution denying the appeal and upholding the Planning Commission's decision to deny the MU rezoning. Attachment 3: Applicants' appeal form&letter received 1-21-98 Freeman-Godfrey Appeala;z. -97) Page 4 Attachment 4 Revised site plan Attachment 5`.. Planning Commission follow-up letter Attachment 6: Draft 1-14-98 Planning Commission Minutes Attachment 7' Planning Gomtnission Staff Report RESOLUTION NO. (1998 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE PLANNING COMMISSION'S ACTION TO DENY A REQUEST TO AMEND THE ZONING MAP FROM R-3-11 TO R- 3-MU-H FOR PROPERTY AT 963 & 967 BROAD STREETS, AND REFERRING THE REZONING REQUEST BACK TO THE PLANNING COMMISSION FOR RECONSIDERATION OF NEW INFORMATION WHEREAS, the Planning Commission conducted public hearings on August 13, 1997, and January 14, 1998, and denied the amendment to change the zoning map from Medium-High Density Residential with the Historical Preservation overlay zone (R-3-H) to Medium-High Density Residential with the Mixed Use and Historical Preservation overlay zones (R-3-MU-H) for property located at 963 & 967 Broad Street; and WHEREAS, the applicants filed an appeal of the Planning Commission's action on January 21, 1998; and WHEREAS, the City Council conducted a public hearing on February 17, 1998, and has considered testimony of interested parties including the appellants, the records of the Planning Commission hearings, and the evaluation and recommendation of staff; and BE IT RESOLVED,by the City Council of the City of San Luis Obispo as follows: SECTION 1. Finding. That this Council, after consideration of the revised project (R 38-97) including new project information, the appellants' statement and site plan, staff recommendations and reports thereof,makes the following findings: 1. New information received by the City since the appeal was filed warrants the review and reconsideration of the Planning Commission prior to the City Council taking a final action on the rezoning request. SECTION 2. Action. The appeal is hereby denied, and the rezoning request is referred back to the Planning Commission for reconsideration. -s Resolution No. (1998 Series) Page 2 On motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this 17'day of February, 1998. Mayor Allen Settle ATTEST: City Clerk Bonnie Gawf APPROVED: ty o y Je ey . Jorgensen Z-6 RESOLUTION NO. (1998 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE PLANNING COMMISSION'S ACTION,THEREBY DENYING THE REQUEST TO AMEND THE ZONING MAP FROM MEDIUM-HIGH DENSITY RESIDENTIAL WITH THE HISTORICAL PRESERVATION OVERLAY ZONING (R-3-H)TO MEDIUM-HIGH DENSITY RESIDENTIAL WITH THE HISTORICAL PRESERVATION AND MIXED USE OVERLAY ZONINGS (R-3-MU-H),FOR PROPERTY LOCATED AT 963 & 967 BROAD STREET (R 38-97) WHEREAS, the Planning Commission conducted public hearings on August 13, 1997, and January 14, 1998, and denied the amendment to change the zoning map from Medium-High Density Residential with the Historical Preservation overlay zone (R-3-H) to Medium-High Density Residential with the Mixed Use and Historical Preservation overlay zones (R-3-MU-H) for property located at 963 & 967 Broad Street; and WHEREAS, the applicants filed an appeal of the Planning Commission's action on January 21, 1998; and WHEREAS, the City Council conducted a public hearing on February 17, 1998, and has considered testimony of the applicants/appellants, interested parties, the records of the Planning Commission hearings nand action, and the evaluation and recommendation of staff; and WHEREAS,the City Council finds that the property should remain zoned Medium-High Density Residential with the Historical Preservation overlay zone(R-3-H). BE IT RESOLVED,by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. 1. The proposed rezoning is inconsistent with the goals and policies of the General Plan, specifically Housing Element Program 3.3.2 which calls for no net housing loss in the downtown area. 2. The proposed development of the site will not be compatible with surrounding land uses because of parking concerns and adverse changes to neighborhood character. z-7 Resolution No. (1998 Series) Page 2 3. There are sites available in existing office zones, or other zones that allow office uses, where the applicants could establish their office use. 4. The applicants have not demonstrated how the goals of the Mixed Use overlay zone will be successfully carried out with their project. SECTION 2. Denial. The request to rezone the property located at 963 & 967 Broad Street from R-3-H to R-3-MU-H is hereby denied. On motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was passed and adopted this_day of . 1998. Mayor Allen Settle ATTEST: , Bonnie Gawf, City Clerk APPROVED AS TO FORM: /Iy* teLy�- Jorgensen N •• s- orsAnlu OBISPOlIII City APPEAL TO THE CITY COUNCIL In accordance with the appeals procedures as authorized by.Title, 1, Chapter 1.20 of the San Luis Obispo Municipal Code, the undersigned hereby appeals from the decision of `� I Ginr1IL2, C din We-j. Jan . ILI L 1c1�� which consisted of the following (i.e., explain what you are appealing and the grounds for submitting.the appeal. Use additional sheets as needed.) The undersigned discussed the decision being appealed with: on Name/Department (Date) f Appellant: 9 13 load Ma r s h C���T Name Itle 1 Mailing Address (& Zip Code) Home Phone Work Phone Representative: Name/Title Mailing Address (& Zip Code) For Official Use Only: Calendared for .x/3/98 Date &Time Received: c: City Attorney City Administrative Officer Copy to the following department(s): ' RECEIVED !l 7� JAN 2 1 1998 SLO CITY CLERK Original in City Clerk's Office 4A77ACHMT Monday, January 19, 1998 Pamela Ricci. A U T o Q U E 5 T City of San Luis Obispo INFORMATION SERVICES. INC. 990 Palm St. San Luis Obispo, CA 93401-3249 RE: File No. R & ER 38-97 Dear Pamela, You have requested that we write a letter to accompany our appeal of the City Planning Commission's denial of our request to change the zoning at 963 Broad street to Mixed use. As you know our intent was to reconstruct the destroyed house. We had planned on working there using a home occupation permit, but during the planning process it was specifically identified that any employees working on site would not be allowed by the City, and no variance to this would be granted to us without a zoning change. Regardless of our personal living situation or work habits, the employee issue is the primary reason for us to justify the reconstruction of this property. Additionally and equally as important is the fact that this location is no longer suitable as a single family residence. The zoning on the property is antiquated and needs to be revised due to constant traffic, noise, street closures, etc. To justify the reconstruction costs,we need the ability for employees to work at this location, whether part- time or full time. The value of a residential only use does not justify these costs and it is not what we want. The current zoning makes multiple units the only feasible alternative for this property. We committed to a Mills Act contract with the specific understanding that we would comply with its terms and conditions if the city approved our zoning change. We were told verbally that"your Mills Act contract would not be enforceable if your plans are not approved." We are still committed to this project if this Mixed Use application is approved. If Mixed Use is not approved,we will regrettably will be unable to proceed with this reconstruction. This would be another unfortunate loss for us and the people of San Luis Obispo. I did not believe in the concept or feasibility of a permanent wall to separate office use from residential use for us in our own house. However, in light of the Planning Commission's input,the issues they must resolve, and our continued desire to see this house be reconstructed,we will modify our plans to provide this separation and delineation of the space to be used for office use. We will also submit our plans to provide the maximum amount of parking on site that is possible given the historical and regulatory considerations. These plans will be submitted immediately and prior to the City Councils meeting on this application. We respect and thank the efforts of the city staff on this project. We have now learned a great deal about the regulations and the process required. We are unhappy with the process, its duration and the countless regulations and conflicting policies that threaten to kill this project. We hope to take part in any changes in the process or regulations to help future property owners who want to rebuild, restore or develop their property in a positive way. We therefore appeal the Planning Commissions denial of our request. Mixed Use and the reconstructed house is the best alternative for the owners, the historical downtown, and the city in general. Since ly, eith o rey Kathy Freeman Godfrey PHONE 714/252.9710 FAX 714/252-9711 2495 DA VINCI IRVINE. CA 9271 4 �_ /O .v-.i o-R l .O-.G .Qi'Ll l i19Ci 6 � - o e u � � o u - • may" rc �� ; 0 'a- 8 v � 0 E VN Lit%7 a l✓l o—.it diy p — Y .Qi'D l l 2096 Z IS W = N � ATTACHMENT 4 z _�� �►Il�llllll 111111 I�III�����;I���I Ill�lplllll I►►II III city of sAn luis omspo finiftm ids 990 Palm Street, San Luis Obispo, CA 93401-3249 January 16, 1998 Kathy Freeman r Autoquest Info. 1368 Marsh Street San Luis Obispo,CA 93401 SUBJECT: R 38-97: 963 Broad Street Dear Ms. Freeman: The Planning Commission, at its meeting of January 14, 1998, denied your request to allow a zoning change from medium-high density residential (R-3-H)to add a mixed use combining district (R-3-MU-H) that would allow residential and office use on this site. The decision is based on findings listed in the attached resolution#5210-98. The decision of the Planning Commission is final unless appealed to the City Council within ten days of the action. An appeal may be filed with the City Clerk by any person aggrieved by a decision of the Commission. The appeal period will expire on Monday, January 26, 1998 at 5:00 p.m. If you have any questions,please contact Pamela Ricci at 781-7168. Sincerely, Ronald G. Whisenand Development Review Manager Attachment: Resolution 5210-98 cc: Autoquest Information Services Inc. ATTACHMENT 5 OThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. a /7 �� Telecommunications Device for the Deaf (805) 781-7410. SAN LUIS OBISPO PLANNING COMMISSION RESOLUTION NO. 5210-98 WHEREAS, the Planning Commission of the City of San Luis Obispo did conduct a public hearing in the Council Chamber, City Hall, 990 Palm Street, San Luis Obispo, California, on January 14, 1998 pursuant to a proceeding instituted under application R 38-97, Kathy Freeman, Autoquest Info., applicant. REZONING REQUEST REVIEWED: R 38-97: Request to allow a zoning change from medium high density residential (R-3-H) to add a mixed use combining district (R-3-MU-H) that would allow residential and office use on this site. DESCRIPTION: On file in the office of Community Development Department, City Hall. GENERAL LOCATION: 963 Broad Street GENERAL PLAN LAND USE ELEMENT: Medium-High Density Residential with a Historical Overlay PRESENT ZONING: R-3-H WHEREAS, said commission as a result of its inspections, investigations, and studies made by itself, and in behalf of testimonies offered at said hearing has established existence of the following circumstances: I. The proposed rezoning is inconsistent with the goals and policies of the General Plan, specifically Housing Element Program 3.3.2 which calls for no net housing loss in the downtown area. Z—/3 Resolution No. 5210-97 R 38-97 Page 2 2. The proposed development of the site will not be compatible with surrounding land uses because of parking concerns and adverse changes to neighborhood character. 3. There are sites available in existing office zones, or other zones that allow office uses, where the applicants could establish their office use. 4. The applicants have not demonstrated how the goals of the Mixed Use overlay zone will be successfully carried out with theirproject. NOW, THEREFORE, BE IT RESOLVED that R 38-97 be denied by the Planning Commission of the City of San Luis Obispo upon the following roll call vote: AYES: Commissioners Ewan, Kourakis, Whittlesey and Ashbaugh NOES: Commissioner Senn REFRAIN: Commissioner Ready ABSENT: Commissioner Jeffrey Arnold B. Jonas, Secretary Planning Commission M K\PCl52I0-9R 2-�y Draft Minutes Planning Commission Meeting January 14, 1998 Page I 1 4. Commission: Chairman Senn distributed copies of a Letter he sent to Council as requested at the Jan. 14 hearing regarding the Commission's concerns relative to fraternities/sororities. Assist. City Atty. Clemens described changes in the Brown Act and distributed copies of a relative article. Development Review Manager Whisenand reported the League of California Cities conference has been set for March 5-7 in Long Beach. Interested Commissioners may contact Mary Kopecky. Commissioner Whittlesey notified staff of 7 ad in the New Times for a business/retail establishment operating in a residential neighborhood. 2. 963 Broad Street: R 38-97: Request to allow a zoning change from medium-high density residential (R-3-H) to add a mixed use combining district (R-3-MU-H) that would allow residential and office use on this site; Kathy Freeman, Autoquest Info., applicants. Commissioner Ready refrained from participation due to a potential conflict of interest. Associate Planner Ricci presented the staff report and recommended denying the request to rezone the property from R-3-H to R-3-MU-H,based on findings. ATTACHMENT 6 z-�s Draft Minutes Planning Commission Meeting January 14, 1998 Page 12 Commissioner Ewan asked to see a drawing of the footprint of the existing structure as opposed to the proposed expanded structure. There were no further questions/comments and the public comment period was opened. PUBLIC COMMENTS: Keith Godfrey, applicant, stated their intention is to rebuild the house. He noted that they would like the ability to have an employee work on site and take issue with the recommendation to require a separation between the residential and office uses in the same building. They emphasized that a permanent separation between uses is not feasible or desired. He indicated that they have submitted seven different parking alternatives, but don't want to build a parking lot. He added that their entire business will not be located here and that this would be similar to a home occupation situation. He explained tht they travel frequently for business. Kathy Godfrey, explained that requiring a separation between residential and office uses in the building could affect the historical structure. She noted that the house was originally built by a doctor who lived in the house and used the front room for his practice. Commissioner Ashbaugh felt that the City's request for office/residence delineation is reasonable. Mr. Godfrey stated there would be Uniform Building Code requirements to separate the office and living areas and that parking was also an issue. He explained the layout of the house on an overhead to the Commission. Commissioner Kourakis asked the Godfreys if their goals could be accomplished under the home occupation ordinance. She felt that the City needed to be reassured that a residential use would remain if a mixed use was supported here. Mr. Godfrey stated that they would like to have an employee on site and that their office activities are minor and no signage is necessary. Commissioner Kourakis stated there seems to be a concern regarding the long-term use of this house as a residential use. Development Review Manager Whisenand explained the prohibition against employees in Home Occupation section of the Zoning Regulations(Section 17.08.090, C, 11). 12 ?-16 Draft Minutes Planning Commission Meeting January 14, 1998 Page 13 Commissioner Kourakis suggested retaining the current R-3 zoning with a home occupation. She remembered a situation years back on San Luis Dr. where a contractor was allowed to have employees come to pick up work orders. She explained that the City needed to be assured the residential use will be firmly in place in the future. Mr. Godfrey stated that they're trying to be straight forward regarding their use of the location as an office. He noted that their office use doesn't create foot traffic and doesn't require a sign. Development Review Manager Whisenand stated that under the City's Home Occupation Regulations no employees, other than residents of the home are allowed. He emphasized that there are no exception provisions and a use variance would be contrary to state law. For these reasons, a home occupation would not be appropriate for what the Godfreys want to do. Commissioner Whittlesey recalled the previous situation Commissioner Kourakis refereed to and stated it involved a part-time employee showing up to distribute paychecks. She noted that this other case differed in that the employee wasn't a permanent employee that worked at the site all the time. Mr. Godfrey noted that he did not believe that they would be able to meet the requirements for the physical separation between the office and living areas. Kathy Godfrey added they have two homes in San Luis and could not commit to 50% split between the two homes. Commissioner Whittlesey requested that the Godfreys describe the layout of the house when it was used as a doctors office. Commissioner Ashbaugh asked if the Godfreys if there was an objection to having a separation between the office and the residential uses in the house. Mr. Godfrey replied yes. He indicated there was a problem structurally defining the areas and that they were trying to be straight forward with their desires regarding their proposed use of the house. Chairman Senn asked Mr. Godfrey to describe the parking situation. Ralph Peters, 730 Evans Rd., noted that he owns property in the Godfrey's neighborhood and feels this should be kept as a residence. He thought that a full-time residential presence was needed in the neighborhood. 13 2-/7 Draft Minutes Planning Commission Meeting January 14, 1998 Page 14 Brett Cross, 1271 Mariners Cove, stated land use impacts and General Plan conformity should be considered. He noted that zoning designations run with the property and not with particular applicants. He cautioned against spot zoning. He cautioned that the purpose and original intent of the mixed use ordinance was to allow a residential component in commercial projects. Charles Tilley, Mission Prep Principal, representing Mission Nativity School, is a resident at 776 Palm St. He welcomed the Godfreys as a neighbor, but was concerned with future uses if the property was sold. He stated that there are many school children in the area and the neighborhood is impacted at nights by downtown activities and college students. Ken Schwartz, 201 Buena Vista, reviewed his letter included in the staff report. He emphasized that this kind of application cannot be tailored for a specific applicant and characterized the request as a spot zoning. He noted concerns for this property in the future and hoped that the home could be restored for residential use. Dorris Serpa, 391 Woodbridge, spoke in support of the Godfreys noting that they are acting in good faith trying to restore the residence. She explained that her family previously owned the house for 65 years and that the historical aspects will be met by the Godfreys. She felt that they are sensitive to restoration of the house in keeping with its historical style and character. She stated that the site was a difficult street for real uses since it's so close to downtown. Mary Serpa Bachino, 747 Mill St., also spoke in support of the Godfreys. She felt that the project would not result in impacts to the City and expressed concern that the Godfreys had been put on hold. She added that there are impacts on this neighborhood already because it's so close to downtown and that the City should work with the Godfreys to restore the home. Commissioner Ashbaugh noted the City has been cooperative and responsive in working with the Godfreys on their application. Commissioner Whittlesey concurred and stated the City hasn't caused delays. She emphasized that the Godfreys have had approvals since January 1997 and have chosen to change their plans. She added that it has been the City's task to respond appropriately to their changing request. She noted that the signage displayed during November and December at the site asking for support and complaining of delays was offensive. Chairman Senn had Ms. Bachino describe the history of the home and the doctor's operations. She described some of the businesses that had historically operated in the neighborhood. 14 Draft Minutes Planning Commission Meeting January 14, 1998 Page 15 The public comment period was closed. COMMISSION COMMENTS: Commissioner Ewan moved to recommend denial of the request to amend the zoning map as ver staffs recommended findings on Page 7. The motion was seconded by Commissioner Kourakis. Commissioner Ewan stated that the application before the Commission doesn't work and did not respond to previous direction. Commissioner Kourakis was concerned that the house would turn into an office use and the residential use would not be preserved. Commissioner Ashbaugh stated that he would support the motion. He commended the Godfreys for being up front with the city on their proposal. He hoped that the property/home would be rehabilitated quickly, but felt that the project as presented was notconsistent with the goals of the mixed use zone. Commissioner Whittlesey was concerned about future uses of the home and ntoed that she could support the motion. Chairman Senn stated that he cannot support the motion because he did not feel it was in the best situation for the City. He believed that the Godfreys were making a commitment to the property and the City will have a better project if their request was supported. He noted that the character of the neighborhood has changed enough that it is no longer a true residential location for a single-family home. He supported the mixed zoning at the site and believed it gave the Commission broad discretion. AYES: Commissioner Ewan, Kourakis, Whittlesey, and Ashbaugh NOES: Chairman Senn ABSTAIN: None The motion passed 4-1-2. Commissioner Ready refrained from participation due to a potential conflict of interest and Commissioner Jeffrey was absent. Development Review Manager Whisenand explained the appeal process and options available to the Godfreys. ADJOURNMENT-j 15 42 -/f CITY OF SAN LUIS OBISPO PLANNING COMMISSION STAFF REPORT rrEM a 2 BY: Pam Ricci,Associate Planner PR MEETING DATE: January 14, 1998 FROM: Ron Whisenand, Development Review Manag4l�D FILE NUMBER: R& ER 38-97 PROJECT ADDRESS: 963 & 967 Broad Street SUBJECT: Request to amend the zoning map from R-3-H to R-3-MU-H, for property located on the southwest corner of Broad and Palm Streets. SUMMARY RECOMMENDATION Deny the request to rezone the property from R-3-H to R-3-MU-H, based on findings. BACKGROUND: Situation The structure located at 963 Broad Street, known as the Manderscheid House, is included on the City's Master List of Historic Resources. On Saturday, November 16, 1996, the historic house sustained major fire damage. Shortly thereafter, the house's owners, Kathy Freeman Godfrey and Keith Godfrey, submitted plans to the City showing the restoration and remodel of the house. These plans were ultimately approved by the Cultural Heritage Committee on January 27, 1997, and the Architectural Review Commission on February 3, 1997. On March 14, 1997, the applicants filed applications for a general plan amendment, rezoning and environmental review, to enable the establishment of office uses at the site. Based on input provided by the Planning Commission at its meeting on August 13, 1997, the original application request has been modified to ask for a mixed use overlay zoning (MU) with the site's current R-3-H zoning. The Planning Commission reviews zoning amendments and makes a recommendation to the City Council, which takes a final action on such requests. The evolution of the modified request is discussed further in the Previous Review section of this report. Data Summary Applicants: Keith Godfrey &Kathy Freeman Godfrey Existing Zoning: Medium-High Density Residential with the Historical Preservation overlay zone (R-3-H) ATTACHMENT 7 s-s o Freeman-Godfrey l .ping (R 38-97) Page 2 Proposed Zoning: Medium-High Density Residential with the Mixed Use and Historical Preservation overlay zones (R-3-MU-H) Existing General Plan Land Use Designation: Medium-High Density Residential Environmental Status: A Negative Declaration with Mitigation Measures was recommended by the Development Review Manager on August 3, 1997. Final action on the initial study will be taken by the City Council. Project Action Deadline: Legislative actions not subject to processing deadlines. Site Description The level site contains 11,258 square feet and is developed with two dwellings: 967 Broad; a small, 2-bedr6om unit, and 963 Broad; the 3-bedroom main house. A one-car garage is located just behind the property line along the Palm Street frontage. The main house is on the City's Master List of Historic Resources and has a historic ranking of"4", indicating that it is potentially eligible for the National Register of Historic Places. The site is located across Palm Street from the Mission College Preparatory School, and across Broad Street from the Old Mission. In addition to the Mission, there are a number of other historic buildings within a block of the site including: the Hays/Latimer Adobe (642 Monterey); the Nichols House (664 Monterey); the County Museum (696 Monterey); and the Murray Adobe (747 Monterey). Mission Plaza and the retail core of the downtown are in the near vicinity. Previous Review On August 13, 1997, the Planning Commission continued consideration of a request to modify the land use designation and zoning for the property from Medium-High Density Residential to categories that would allow offices on a 5-0-2 vote (Commr. Ready refrained from participating because he owned property adjacent to this location, and Commr. Ashbaugh was absent). The Commission continued the requests with direction to submit specific information on proposed site development, including solutions to meeting project parking requirements, and provision of a complete residential unit along with offices in the main house at 963 Broad Street. Although concerned with the change in land use in terns of general plan policies that encourage the retention of downtown housing, the Commission was generally receptive to exploring an innovative mixed use project at the site with restoration of the historic fire-damaged house. Several neighbors spoke in favor of the request. One nearby property owner spoke against the request categorizing the proposal as a spot zoning that would be detrimental to the residential character of the neighborhood. The Planning Commission continued consideration of the current request from the agendas of September 25, 1997, and October 8, 1997. The applicants had indicated that a Freeman-Godfrey Rt- jing(R 38-97) Page 3 revised project description, site plan and floor plans would be submitted to staff in time for these agendas. However, the applicants' new information packet was not received until November 25, 1997. EVALUATION Since the August 13, 1997 meeting where the project was discussed at length, Planning staff has met with the applicants on several occasions. The purpose of the meetings was for staff to provide direction to the applicants on ways that their proposal might be modified to address the concerns of staff and the Commission. In response, the request has been simplified to be a rezoning from R-3-H to R-3-MU-H and no longer involves a general plan amendment. The subject site now involves only the corner property with the fire-damaged house (963 Broad Street) and rental unit (967 Broad Street), and does not include Mrs. Mello's property next door at 975 & 975 '/�Broad Street. On November 5, 1997, staff sent the applicants' former representative a letter inquiring about the status of the project and requesting specific information. The letter was prepared after review of a preliminary development plan (attached) which showed how some on-site parking might be developed. The letter suggested that the plan needed to show how an independent residential unit would be maintained in the main house, and to propose a more functional parking arrangement. Direction was provided to consider eliminating the garage and to include landscaping and alternative paving materials to create a functional and attractive driveway and parking area. Consistent with the Planning Commission's previous direction, staff believed that options existed that would allow restoration of the main house, along with mixed uses within it, and a reasonable amount of functional on-site parking. On November 25, 1997, the applicants submitted a packet of information describing the range of alternatives they view as existing for the restoration of the house and further development of the site. Staff does not view the options that the applicants can support as being consistent with relevant City plans and policies, or the Commission's prior direction. The following paragraphs react to the applicant's latest packet of information: 1. ARolicant's Option 1: Zone R-3-MU; Reconstruct Historic Residence with Mixed Use with Variances (Parking, Setbacks) Staff agrees with: • the idea of utilizing the Mixed Use (MU) overlay zoning to accomplish the applicant's goal of an office with residential use in the main house; • development of some on-site parking; • retention of the other residential unit on the site (967 Broad); and • restoration of the historic house as previously approved by the ARC & CHC. Freeman-Godfrey 1. _.ring(R 38-97) Page 4 However, staff also has concerns with this alternative. The site plan attached to the applicants' packet for this option is the same plan that staff had reviewed earlier and made recommendations regarding changes in its 11-5-97 letter. Again staffs two main objections to this option are: • No real effort to create a viable residential unit in the main house; Staff has repeatedly asked the applicants to provide a floor plan which clearly shows areas that will be allocated for offices and the residential component within the main house. This .is important to determining an appropriate project parking requirement, and to evaluating whether general plan policies that call for no net loss in housing are achieved with the proposed rezoning. Staff'feels that there are available alternatives with the floor plan to create a small, but complete living unit, consistent with previous Commission direction, and to provide the offices that the applicant desires. Based on information that has been provided to staff, it is not the applicants' intention with this rezoning to make the house their primary residence. However, it was staffs impression that the Commission was looking for a full-time residential component to be provided along with the offices. Again staff believes that Commission goals can be achieved at the site through the mixed use overlay zoning, but the applicant's written statements and plans have not demonstrated how this will be accomplished • The parking layout is awkward and not functionaL With a creative and functional parking plan, staff supports the idea of a possible reduction in the required number of spaces and some minor relaxation of typical standards. However, while creative, the proposed parking layout does not appear to be feasible. The provision of a turnaround is a good solution to allow cars to exit the site in a forward direction. The problem is that the layout, showing parallel spaces with a narrow driveway in between, cannot work functionally with the proximity to the southerly wall of the house, and parking spaces that have width and length dimensions that are significantly less than City standards. The idea of the garage drive-through is not only odd, but also provides further obstacles to designing a reasonable parking layout. A final comment on this option relates to the following statement made by the applicants in their discussion: "The existing legal, non-conforming variances for setbacks and parking must be 2'2 3 Freeman-Godfrey k. _,ting(R 38-97) Page 5 retained to reconstruct the old house. " Staff is confused as to what this statement is referring to. In conjunction with the plans approved by the ARC for the house to be rebuilt, the Community Development Director approved exceptions to allow the porch to be rebuilt with a 6-foot setback along Broad Street, and the existing one-car garage to satisfy project parking requirements (see attached letter dated January 28, 1997). Staff is not aware of any other variances that were approved in the past at the site. It is true that the existing buildings on the site are legally non-conforming in terms of current setback and parking requirements-The approvals mentioned above were to restore the fire-damaged house'and did not anticipate commercial uses or enhanced development. While the City will honor the reduced Broad Street setback that was approved with ARC plans if offices are eventually established within the house, there has not been a parking variance approved for any other use at the site other than the residential use which existed prior to the fire. 2. Applicant's Option 2: Reconstruct Historic Residence 4 Feet Closer to Palm; Two Phases This option differs from Option 1 in that it proposes to move the footprint for the historic house four feet closer to Palm Street, and proposes redevelopment of the rear residential unit(967 Broad) in a later phase. Staff would continue to have the same major concerns that were outlined above with the discussion of Option 1. In addition, the relocation of the main house would require the review and input by City staff,the ARC and the CHC. Staff also questions how the added costs of moving the house makes restoration more financially feasible for the applicants. Based on more recent telephone conversations between the applicants and staff, it appears that it is the applicants intention with this option to demolish and rebuild the structure using salvaged siding with a new footprint, rather than actually restoring the existing structure at the new location. The information provided on the proposal to demolish the rear house at 967 Broad is sketchy at best and would require additional planning entitlements, including architectural and environmental review. 3. Applicant's Options 3, 4 & 5: Demolish Existing Buildings; Construct New Buildings Throughout the review of various requests with the property since the fire, the preservation of the existing historic house at 963 Broad has always emerged as the neighborhood's, the ARC'S, the CHC's and the Planning Commission's principal goal. Options 3, 4, & 5 all involve the demolition of the house and the redevelopment of the site under various zoning categories. Staff does not support these options because of 2-2 V Freeman-Godfrey R ping(R 38-97) Page 6 their inherent inconsistencies with general plan policies, as well as the City historic preservation programs. Another important factor here is the applicants' commitment through the execution of a Mills Act contract with the City to restore, maintain and preserve the house as shown on plans previously approved by the ARC. Briefly the purpose of the Mills Act is to enable cities to enter into contracts with property owners to restore and maintain important historic resources. By entering into a contract, the property owner benefits through reduced property taxes. The attached contract was signed by the owners and the Mayor and was officially recorded with the County on October 9, 1997. Options 3-5 are not possible without the cancellation of the Mills Act Contract. Cancellation of the contract would be costly. There is a cancellation penalty of 12.5% of the full property value that would be paid to the State Controller. 3. Applicant's Option 6: Rebuild House with Existing Zoning About a year ago, the reconstruction of the fire-damaged house as a residence was reviewed and approved by the ARC and CHC. At that time, staff was under the impression that it was the desire of the applicants to restore the house and then move into it themselves. Therefore, the delays that the applicants mention experiencing in reconstructing the house were not imposed by the City, but rather are the result of pursuing further changes to the house and zoning beyond those original approvals. While the applicants indicate in their current statements that this option is no longer financially feasible for them, there may be other potential property owners that are interested in pursuing plans to restore and live in the main house. The attached letter from Sue Ellen Davis supports this option. 4. Conclusion Staff has attempted to work with the applicants to come up with a creative, mixed use project consistent with Planning Commission direction. However, an impasse of sorts has been reached since the applicants are now willing to only consider limited options. Even the more limited Option 1., carried out in accordance with staffs recommendations, may require some modifications to the recorded Mills Act contract by the City Council given the limitations on site changes that may be construed to not being in keeping with the site's historic character. ALTERNATIVES 1. Recommend that the City Council approve the request with findings that the amendments can be found consistent with the General Plan. Given the range of options that the applicants provided, staff was unclear what, if Freeman-Godfrey R. sing(R 38-97) Page 7 any, options would be found acceptable to the Commission. If the Commission is inclined to support the requestfor MU zoning, then staffshould be directed to modem the prepared initial study to reflect the Commission's preference. As previously mentioned, the City Council makes the final environmental determination on the project. The applicants will also need to sign the modified mitigation agreement prior to the matter being scheduled for City Council review. 2. Continue review of the amendments with specific direction to the applicant and staff. OTHER DEPARTMENT COMMENTS Support for the MU overlay zoning will necessitate the processing of a future Planning Commission use permit. Specific requirements from other departments would be incorporated as conditions of use permit approval or architectural review with submittal of project development plans if the rezoning is supported RECOMMENDATION Recommend the denial of the request to amend the zoning map from R-3-H to R-3-MU- H,based on the following findings: 1. The proposed rezoning is inconsistent with the goals and policies of the General Plan, specifically Housing Element Program 3.3.2 which calls for no net housing loss in the downtown area. 2. The proposed development of the site will not be compatible with surrounding land uses because of parking concerns and adverse changes to neighborhood character. 3. There are sites available in existing office zones, or other zones that allow office uses, where the applicants could establish their office use. .4. The applicants have not demonstrated how the goals of the Mixed Use overlay zone will be successfully carried out with their project. Attached: Vicinity map Mixed Use (MU)Zone, Chapter 17.55 of Zoning Regulations Follow-up letter& 8-13-97 Planning Commission minutes Letter from staff to applicants' representative requesting information dated 11-5-97 Parking Lot Plan .7 6 Freeman-Godfrey ....ling(R 38-97) Page 8 Applicants' revised statement received 11-25-97 including 6 options Letters from various members of the public regarding project ARC 4-97 action letter for 2-3-97 meeting Letter from Arnold Jonas to Keith Godfrey regarding zoning exceptions dated 1-28-97 CHC action letter for 1-27-97 meeting Mills Act contract Mitigation Measures/Initial Study ER 38-97 1:lz=ing\R 38-97(Godfrey) 2��7 s ti t Ay 1� 6VLifKAO 4/me7 O ��� - gyp,• ��ta I.1Giffi � O°� ci�'o 1't ��♦, P9�o-` �gc �� �' ,�4G tie 4 O ^ p _������ � 3� H ��es Ar 49y ,5rj\OTjlDfi dv ^Foy y�a' ~ tilrt � n 0.p °• °li 4Ah O 3 rm O0 .r•� � "gw�rgr5� Y�� t�S .yl•• �1S T prg5t�' � O Am H r 4 V�e ♦.�I�'� Lo PF v o- TT�Yyy A l�_G1SI1� 4�j0 Q c�� � +1�' C�5�.S5t< . ��f' Or ob � c d4`•Sp \�t• � r,�fi �!'" ° O apo yo b, �? VICINITY MAP GP/R 38-97 NORTH 963 BROAD z-�Q C. Use permit approval by the Planning Commission Chapter 17.55 is required prior to establishing any use within the MU zone, except that this provision does not applyio MIXED USE (MU) ZONE changes of use within an existing building. The uSe permit requirement allows the Planning Commission Sections: to determine proposed uses compliance with the MU zone, compatibility with each other and their 17.55.010 Purpose surroundings, and consistency with the general plan. 17.55.020 Application and procedure 17.55.030 Property development standards 17.55.030 Property development standards 17.55.040 Mandatory findings Property development standards shall be those of the 17.55.010 Purpose underlying zone. However, use-permit approval may include. more provisions and standards to assure The MU zone, in combination with any other zone, compatibility of uses and surroundings, or less permits combining uses on a site which otherwise restrictive standards, to the extent allowed by would not be allowed or required. use-permit approval in other sections of these regulations, to make particular use combinations more The primary purpose of the MU zone is to permit feasible. combining residential uses and commercial uses on a single parcel, although any combination of uses may 17.55.040 Mandatory findings be approved by the City. The MU zone is intended to promote a compact city, to provide additional housing A. In granting a use permit pursuant to this chapter, opportunities (including affordable housing the Planning Commission must make the following opportunities), which is the first priority, and to findings: reduce auto travel by providing services, jobs, and housing in proximity. The City desires the safety (1) The projects mixed uses are consistent with the provided by having residential components in general plan and are compatible with their commercial areas. surroundings, with neighboring uses, and with ea other. 17.55.020 Application and procedure (2) The projects design protects the public health, A. Application of the MU zone may be initiated by: safety, and welfare. (1) The City Council or Planning Commission, to (3) The mixed uses provide greater public benefits ensure that mixed residential and commercial uses than single-use development of the site. This finding will be included when certain parcels are developed or must enumerate those benefits, such as proximity of redeveloped; or workplaces and housing, automobile trip reduction, provision of affordable housing, or other benefits (2) An applicant, to obtain permission for a mix of consistent with the purpose of this chapter. uses not otherwise allowed. B. To require property development standards more B. Each ordinance adopting an MU zone shall specify: restrictive than those of the underlying zone, the Planning Commission must make one of the following (1) The types of uses which are required or allowed findings: to be combined; (1) Site-specific property development standards are (2) Any standards for the uses locations or their needed to protect all proposed uses of the site, in relationships to each other; particular residential uses. (3) Any issues specific to the site or the intended (2) Site-specific property development standards are combination of uses which must be resolved by the needed to make the project consistent with the intent design of the project. of these regulations. 74 z-�9 (3) The preponderance of the development proposed Chapter 17.56 for the site is of a type not normally permitted in the underlying zone, so property development standards SPECIAL CONSIDERATION (S) ZONE ' for the zone where such development is normally found are appropriate. Sections: 17.56.010 Purpose and application. 17.56.020 Allowed uses. 17.56.030 Property development standards. 17.56.040 Procedure - Subdivisions - Waiver of use permit requirement when property subject to subdivision map application. 17.56.010 Purpose and application. The S zone has two purposes: A. In combination with any zone, to require approval of an administrative use permit before any use may be established. The use permit requirement is intended to assure compatibility of the use with its surroundings or conformance with the general plan, or to determine if a proposed development solves problems such as noise exposure, flood hazard, airport hazard, or slope instability which are particularly severe on a given site. Such developr► review may also be used to protect areas of scen ecological sensitivity, wildlife habitat, or wildland tire hazard. The ordinance adopting the S zone will specify the considerations to be addressed, and the ordinance number will be incorporated in the official zone map designation: B. In combination with any other zone, to require a larger minimum parcel size than required by the underlying zone. In such cases it will be designated on the zone map as, for example, R-1-S-3, which indicates a minimum parcel size of three acres. (Ord. 941 - 1 (part), 1982: prior code - 9203.17(A)) 17.56.020 Allowed uses. Subject to approval of an administrative use permit, any allowed or conditionally allowed use in the underlying zone may be established. (Ord. 941 - 1 (part), 1982: prior code - 9203.17(B)) J 75 ?-3D �Illli�ll�lllllll��lll���;��� �IIIIIIIIIIII city ® sem l�,S OBISPO 990 Palm Street, San Luis Obispo, CA 93401.3249 August 19, 1997 Kathy Freeman Autoquest Info 1368 Marsh Street San Luis Obispo, CA 93401 SUBJECT: GP/R and E 38-97: 963 Broad Street Ms. Freeman: The Planning Commission, at its meeting of August 13, 1997 continued your request to amend the Land Use Element (LUE)map designation from Medium-High Density Residential to Office, and amend the zoning map from R-3-H to C-C-H, for property located on the southwest comer of Broad and Palm Streets, with direction to submit specific information on proposed site development including solutions to meet project parking requirements and provision of a complete residential unit along with offices in the main house at 963 Broad Street. If you have any questions,please contact Pamela Ricci at 781-7168. Sincerely, Ronald G. Whise d Development Review Manager cc: Dan Lloyd, EDA Autoquest Information Services /O The City of San Luis Obispo is committed to include the disabled in all of its services. programs and activities. ?/ v Telecommunications Device for the Deaf(805) 781-7410. Planning Commission iti.,nutes August 13, 1997 Page 7 REFRAIN: Commissioner Jeffrey ABSENT: Commissioner Ashbaugh The motion carried 5-0. 3� 5. 963 Broad Street: GP/R and ER X97: Request to amend the General Plan Land Use Element Map and zoning change from medium-density residential (R-3-H) to general retail (C-C-H) and review of the environmental determination for the general plan amendment and rezoning; Kathy Freeman, applicant. Commissioner Ready refrained from participation due to a potential conflict of interest. Associate Planner Ricci presented the staff report and recommended denial of the based on findings. Commissioner Jeffrey asked if staff had any contact with Ms. Mellow. Associate Planner Ricci stated Ms. Mellow had concerns about being able to continue to rent her back unit and about the value of her property. Chairman Senn asked staff to comment on the approach of using a P-D or M-U. Associate Planner Ricci stated the C-C and O Zones are in a sense are mixed-use zones. Staff has met with the applicants to discuss different strategies. There doesn't seem to be one clear cut alternative that accomplishes everyone's goals. Development Review Manager Whisenand noted staff's recommendation is based on GP policies. Associate Planner Ricci stated the staff report attempts to look beyond Policy 2.62 and the commitment to preserving residential neighborhoods near downtown. Commissioner Ewan asked if this area would be included in the downtown parking area if it were converted to an office zone. Development Review Manager Whisenand stated that with office zoning, it would not be able to take advantage of the C-C district parking regulations and in-lieu fees. They would have to provide parking on site or apply for an exception. There were no further questions/comments and the public hearing was opened. �•3s Plannin, CommissioL, Minutes August 13, 1997 Page 8 PUBLIC COMMENTS: Dan Lloyd, 1320 Nipomo Street, owners' representative, stated they intend to maintain some residential use on the site. There's a two-bedroom apartment in the rear. They wish to change the zoning to allow the continued residential use and allow an office use in the front part of the site. The dilemma is the which zoning to use. This site has physical constraints and a historic structure. Mr. Lloyd displayed slides of the site/neighborhood and described the different zones in the neighborhood. They could provide on-site parking for an office use but the historic structure would have to be removed. They're not looking for a retail use. This section of Broad is heavily trafficked. Everybody agrees it would desirable to maintain the historic quality and to rebuild. The office space is intended for the owners. This isn't an island of unlike zoning. They can help meet the goals of the GP by trying to provide some residential use. Mr. Lloyd stated there are solutions. They want to maintain the residential use and the historic aspect of the property. Commissioner Ewan asked about parking and handicapped accessibility. Mr. Lloyd stated handicapped access will be off the Broad Street frontage and is easily provided. Regarding parking, there are two spaces in the garage, they could raze the two- bedroom unit in back and build parking on site, they could buy in-lieu parking, or they could ask for a variance. Commissioner Kourakis stated the GP discusses no net loss in terms of residential. Mr. Lloyd stated there are special circumstances surrounding this property. We've got to look at all the goals. Commissioner Ewan asked the square footage of the proposed building. Mr.Lloyd replied 1,872 sq. ft. There would be two offices and a reception area. Chairman Senn asked what kinds of businesses will be operated. Mr. Lloyd replied two single-person businesses. Commissioner Ewan asked if a use permit is needed in a home that's presently zoned office. Development Review Manager Whisenand replied yes. An office requires a use permit and therefor triggers the requirement of use consistency with the GP. Planning Commission i1k„mites August 13, 1997 Page 9 Mr. Lloyd would like Commission input and would look for a continuance for more study. Keith Godfrey, property owner, wishes to rebuild the house as planned, work there, and employ an assistant. He would like to preserve the residential quality of the house. Both he and his wife operate businesses that mostly use computers/phones. There won't be any foot traffic. Commissioner Ewan asked Mr. Godfrey if he would live in the home. Mr. Godfrey stated..it would be used for their overseas visitors. They purchased the property with the intention of having a home occupation, but found out they couldn't have an employee. He noted the back apartment is in poor condition. Mrs. Godfrey concurred with her husband. The proposal will not negatively impact the City. Cathy Vargas, 642 Monterey Street, neighbor, has been watching this property since the fire. She would like the house rebuilt. She feels the proposed use would not be harmful in any way. Victor Montgomery, 772 Mill Street, supports the proposed use. He would like the same character to remain. He would like the required parking waived. Mary Pagel, 669 Palm, supports the Godfreys, who have put a lot of time and resources into preserving the structure. The fire occurred Nov. `96 and it's already Aug. The residential characteristics should be preserved. The plans are complimentary to the neighborhood. Mary Pachino, former owner, supports the proposal. This project will be a city/neighborhood enhancement. She commented there are plans for a structure nearby. Ralph Peters, 756 Palm, stated spot rezoning breeds spot rezoning. The entire neighborhood should be viewed. This neighborhood is a harmonious mix with many features. Ted Pagel, 669 Palm, encourages support for the Godfreys. He doesn't want to live with the burned structure any longer. Seeing no further speakers come forward, Chairman Senn closed the public comment period. COMMISSION COMMENTS: Planning Commission Minutes August 13, 1997 Page 10 Commissioner Ewan asked if the applicant would be amenable to maintaining the house as their residence with an office component. He wants to create a situation that works for the City and the Godfreys. Mr. Godfrey stated this would not be their primary residence. Chairman Senn stated some component of the structure could be maintained as residential. An efficiency apartment could be maintained as one of the Godfrey's residences. Commissioner Ewan suggested a variance to the home occupation permit that would allow secretarial help. Development Review Manager Whisenand stated this would be contrary to State law. Commissioner Ewan asked if an "S" Zone could be specified to have two residential components; one in the smaller house in the back and a residential component in the house that will be rebuilt. Development Review Manager Whisenand stated this could be done with the Office Zone, not the C-C Zone. Commissioner Ewan would like to have no net residential loss with an office component that would allow secretarial help. He would like a majority of the existing structure to be rebuilt in residential. Commissioner Jeffrey is concerned with no net loss. He couldn't support a recommendation that simply retained the house in back as a residential component. He cited Housing Element 1.31.1. Mr. Godfrey noted their intention is to have a place to stay along with the office. There will be a residential component. Commissioner Jeffrey would be supportive of an O designation allowing maintaining housing with no net loss with an S Overlay. Commissioner Kourakis supports the no net loss policy. She has no problem with office and residential on this lot. It is impossible to support C-C-H. There is potential in the O- H. Commissioner Whittlesey is concerned about this house being preserved. It has potential for national historic registry and it is a significant structure. She doesn't have a problem with office at the site as a home occupation, but is concerned about the activity level that could be generated. She could not support any retail component. � - 3� Planning Commission i,..autes August 13, 1997 Page 1 I Chairman Senn would support an office use. He would want some type of residential/efficiency unit component. He feels an M-U zoning designation would work. He noted Commission comments are provided solely as input with no guarantees whatsoever. Action will be taken if detailed plans are needed for further comment/decision. Mr. Godfrey stated a floor plan has been submitted and approved by Architectural Review for a residence. Mrs. Godfrey stated they don't want to orange anything. They just want the opportunity to work at the location. Mr. Lloyd summarized they would like to maintain a residential use in the white historic structure that allows the future transition of ownership, maintains residential use and allows an opportunity for an office. They will bring back floor plans and will discuss with staff parking issues. There was no Commission taken. Mr. Godfrey thanked staff for all their help. 6. 1533 Phillips Land: GP/R and M4 Request to amend the General Plan Land Use Element Map from low-density r sidential to offices, rezone from R-I to Office with special considerations combining zo a (0-S), and review of environmental analysis for plan amendment and rezone; Carolyn =1 applicant. Associate Planner Ricci presented the staff re ort and recommended reviewing the initial study of environmental impact, and if re ired findings can be made, recommend continuance of the amendments with direct' n to submit a development plan and rezone the property to Office with the Planned De elopment overlay Zone. Commissioner Jeffrey asked if there are oncems with traffic entering the site on Phillips as opposed to California. Associate Planner Ricci said the disadvan ge of having access on Phillips is that there are General Plan policies discouraging introduction of commercial traffic into residential neighborhoods. Commissioner Ewan noted California is scheduled to be widened. �-36 �Illlf II . ® city of sAn tuiS' OBISPO 990 Palm Street, San Luis Obispo, CA 93401-3249 November 5, 1997 Dan Lloyd Engineering Development Associates 1320 Nipomo Street San Luis Obispo,CA 93401 SUBJECT: Freeman Zone Change(GP/R 38-97); 963 Broad Street Dear Dan: Prior to the October 8' Planning Commission meeting that this item was last scheduled for, I spoke to you about what additional information I needed to complete my assessment of the project. Since the project has been inactive since that time, I am sending this letter to document the following informational needs: 1. A revised project description that indicates the scope of the current proposal. This description should confirm changes such as the elimination of the adjacent lot owned by Lucille Mello from the request and the revised proposal for R-3-MU zoning. 2. A floor plan showing where the offices will be located and how a separated residential unit will be maintained in the main house. 3. A revised parking arrangement that functions more reasonably. Staff would suggest that the drive-through garage be eliminated. 4. A site plan at a larger scale so that the parking lot configuration can be adequately evaluated. Once the requested information is received, the revised description and plans will be routed to relevant departments. A hearing date will be established based on adequate time to re-route the project and prepare necessary staff reports. If you have any questions, please call me at 781-7168. Sincerely, Toz /CC/ Pam Ricci, Associate Planner CC: Ron Whisenand,Development Review Manager ItrVloyd(freeman rezoning) FThe City of San Luis Obispo is committed to include the disabled in all of its services. programs and activities. 7- 37 I\ i�l TolognmmnniroKnne r)..;'n fn. fk� r).'f iuncI X04 �..n MSS■C fOODO NOTZ: too t•-e• FOR EXISTRi6 PLATAOICK,LAN066APE, ♦e'-�• I, PENC4".SIO!WALKS,CAMBS ANA bVTTERS b RLfER TO 9MEET G7 C a i � xAw'eeterO b_ i �Tuaw.sO.+O r ■ n e ri � A.A4y6 ri u - - u f O• I ' I 7j, •Y O 'J o - j REGONSETRYGTION -2, I I TC• 10-11- --0• 6•o STRHLTVRC 2T-t:• m .■ ■ e tt•-s• I 0 tom• t-6 n CIiD b L NOTE: F-VSTIN& ALL ENISTINS LANOSGAPM6 SMALL GARAGE o REMAIN OR REESTABIJSMEO TO MATC.N os+ve TMP:I e x 1, Y •• NSS■E tOODO • PALM STREET �IDA ENGINEERING MANDERSCHEID HOUSE DEVELOPMENT ASSOCIATES PARKING LOT PLAN ENGINEERING LAND SURVEYING PROJECT ADMINISTRATION 1320 NIPOMO STREET SAN LUIS OBISPO CALIFORNIA 93401 JOB NO. 2-2072-000 November 20, 1997 Ronald G. Whisenand City of San Luis Obispo Recc;ved ►►- 2 5-97 Development Review Manager 990 Palm St., San Luis Obispo, CA 93401-3249 Subject: R and ER 38-97: 963 Broad Street This letter is meant to summarize the status of our project, present our views as owners, and to request your recommendation and the planning commission's approval for the zoning amendment from R-3 to R-3MU (Medium-High-Density Residential Zone with Mixed Use). The attachments will address the following in detail; Summary Of Options For The Property - 1. Zone R-3MU, Reconstruct Historic Residence with Mixed Use, with existing variances continued (Parking, Setbacks). 2. Zone R-3MU, Reconstruct Historic Residence, and add new rental units, two phases, move residence 4' toward Palm St. to accommodate parking. 3. Zone R-3MU, New structures built in two phase project, eliminates historic residence. 4. Zone Office, Identical to Option#3 if R-3MU zoning is not possible 5. Zone R-3, Remove historic residence, construct new large apartment, no use for owners. 6. Zone R-3, Reconstruct Single Family Residence only, not feasible for owners. Attached Background Information The owners objectives for this property, Owners activities and proposed use description, Project history to date, Economic factors of reconstruction of historical structure and, Site plan for options. Our personal desire is to rebuild the charming old house that was destroyed by last year's fire. City staff we have dealt with seem to share the same goal but have imposed criteria that results in a project that does not meet our goals and goes beyond the flexibility of the MU zone. We submit the enclosed proposal and site plans as our best attempt to achieve our goals and comply with the conflicting city regulations and policies. In conclusion, we are requesting approval of option #1 or #2 which will allow us to reconstruct the fire-damaged house at 963 Broad Street as approved by the ARC and Historical Society, with a mixed-use zoning that allows us live there and our employees to work there with us. To accomplish this the city will need to continue to allow the existing setback, parking and other variances to maintain the historical and architectural look of the property. Sincerely, Ke' Go v Kathy Freeman Godfrey Page 1 of 9 -.3 1. Zone R 3MU, Reconstruct Historic Residence, existing variances continued. Although not ideal for either the city or the owners, this is the quickest and most feasible option for the property while maintaining most historical elements. The property would be zoned R-3MU, and have 4 new parking spaces on site. The 963 house would be 1872 sq ft (approx). The 967 house would remain 675 sq ft. (approx). Having been constructed in the 1800's the layout, location and use were substantially different than today. To maintain all the historical features, look and feel of the original property and comply with the current policies and regulations, has been very difficult to say the least. The existing legal, non-conforming variances for setbacks and parking must be retained to reconstruct the old house. The plans and drawings for this option have already been approved by ARC and the Historical Society as a residence. Under this option the house at 963 Broad St. will continue to be a residence, but the MU zone will allow a few employees to work there. The 967 house will continue to be a residence. The city regulations state that, "The NIU zone, in combination with any other zone, permits combining uses on a site which otherwise would not be allowed or permitted." And that "The primary purpose of the MU zone is to permit combining residential uses and commercial uses on a single parcel, although any combination of uses may be approved by the city." We believe that this project is precisely what the MU zoning was established for, that is, to allow work and living areas to be in close proximity to minimize auto travel and parking requirements. As for permanent physical separation of uses, the entire building proposed has been designed for Mixed Use as both a residence and office use. Flexibility and innovation have been prominent in the design. No internal, permanent separation of spaces or uses is possible, planned or considered. In the zoning regulation, the Mixed Use zone has no provision for permanent physical separation of each use. The enforcement and or maintenance of permanent separate spaces for separate uses over time in a Mixed Use zone would also not be feasible for the city to police. There would be "no net loss" of downtown residences under this option. However, staff is insisting that the spaces be physically segregated and we feel this goes beyond city ordinance requirements. We have undertaken quite a project to attempt to reconstruct the historical building that was destroyed by fire in November 1996. The city staff and the Planning Commission have talked about sharing this goal. We would like to actually complete this mission. However, this option is not without compromises; by reconstructing the house in the exact same location, parking options are severely limited. The anticipated construction'of a garage under the 967 residence in the future to provide the additional parking would not be possible. The space available after setbacks and back-up distance are not considered sufficient. We have, therefore, proposed 4 spaces in the rear yard of the 963 house for parking. Without relocation of the structures no other parking is possible on the site. With this option we have proposed the existing garage to remain. It will be used during the day as a drive through to the additional spaces, and at night as secure parking for the residents. It also provides a separation from the street traffic and closure to the parking/yard area. Page 2 of 9 _�{d 2. Zone R-31AU, Reconstruct Historic Residence, two phase, move structure 4' for parking. This option is nearly identical to option #1 except that the 963 house will be relocated approximately 4' closer to Palm Street. . The property would be zoned R-3MU and have 4 new parking spaces in phase I, 6 additional spaces in Phase H. The 963 house would be 1872 sq ft (approx). The reconstructed 967 house in Phase II would be 900 sq ft. (approx) and have parking below the residences. The new 963 house setback to Palm Street would be 20'. The Broad Street setback would remain the same as existing (6' to the porch edge). This move would provide enough space for the parking when the 967 house is reconstructed and/or additional parking is required. This would be a two-phase project. Phase 1 is to reconstruct the 963 house as planned and phase H to reconstruct the 967 house and provide additional parking below. Under this option, we can provide up to 4 parallel parking places now as shown in option#1, with the plans to provide up to 6 more parking spaces when the 967 house is replaced with garage space provided. With both phases completed this option solves the parking issues. This option may require the re- approval of the Historical Society and ARC for the move of the structure, and continuance of the existing 6' Broad Street porch setback Option #2 is the best solution for the property if approved. It addresses the main issues raised by the city and the owners thus far: a. It will still have the Historical Society and ARC approved historical structure reconstructed on site, subject to approval of the 4' relocation. b. A minimum of site work, landscaping changes and archeology required. c. The best short and long term parking solutions that increase parking on site. d. Addresses the issues of the 967 residence in the future. e. Gets the project back on a productive schedule in the most timely manner. f. Satisfaction of the owner's objectives, short and long term. g. Minimizes the variances and special considerations for approval of project. 3. Zone R 3MU,New structures built in two phase project, eliminates historical. If options#1 and#2 to reconstruct the historical house and property are not possible, then this option plans for new structures to be built on the property in two phases. The property would be zoned R-3MU, and have 2 new residential units constructed with 4 parking spaces in Phase I and 6 more in Phase 11. Phase I is the new 963 structure and would be similar in design to the original house but larger in square footage (2000+) and with 2-3 parking spaces provided under the house. Phase II would be the 967 house and it would also be similar in design but slightly larger in square footage and a 5 car garage for parking below. Substantial site work, larger buildings and increased expenses would be involved with this option. However, being all new construction without historical factors, this option would comply with nearly all regulations, setbacks, parking and policies etc. 4.Zone Office,Identical to Option#3 if R-3MU zoning is not possible This option is identical to option #3 but would be zoned Office. This option would be used if Mixed Use zoning is not possible for some reason (there have been no MU zones utilized in this city to date). Since the new structures of Option #3 provide for enough parking and other factors, the office zone would now be more feasible. This is the best solution without MU, but requires a general plan amendment. If the Mixed Use is not available then this is the only option that satisfies the owner's objectives. Page 3 of 9 Z �! 5. Zone R-3,New large apartment structure, no use for owners. A new large structure, with 4 - 6 units are allowable for the current R-3 zoning. There would most likely be 4 units, probably 2+ bedrooms each, requiring 8-10 parking spaces. This does not satisfy the objectives of the owners and would be implemented with the intent of liquidating the property to a developer or investor so that we could find another suitable location for our residence/business. 6. Zone R-3,Reconstruct Single Family Residence, not feasible for owners. This option would have no new parking spaces. Use of the 963 as a single-family residence for us is no longer viable due the high expenses and delays of rebuilding this property and the fire causing us to commit to alternate housing. We are now unable to sell the property as is, or fund the reconstruction to completion only to then have to sell and find an alternate office/residence location. This property must be allowed to be Mixed Use for the owners to finance any structure. We had lived on the'property full time for five months prior to the fire. All parties interested in acquiring the property thus far have been interested in redevelopment of some kind. The Real Estate value for the property as a single family home is the lowest of all options considered. The historical and new construction costs here now far exceed the value of a downtown single family home. This option is not financially feasible or desirable for the owners. Page 4 of 9 ;Z—y2 The owners objectives for this property- The owner of this property is AutoQuest Information Services, Inc. Keith Godfrey and Kathy Freeman Godfrey presently own 100% of the stock of the Corporation. The corporation's original purpose in acquiring the property was for residential and home office work space for Keith and Kathy, potential rental income, and real estate investment for the corporation. This is still the primary objective. Keith and Kathy were utilizing the building as a residence/home office at the time of the fire (11/16/96). There were no long-term plans for employees working in the San Luis Obispo location at that time. The corporation's headquarter offices were in Irvine, California, with locations in Century City and Sebastopol, California. The present zoning of R-3 does not allow employees to work on site. After the fire the corporation has leased office space and hired two employees to work in that office. The corporation cannot now justify the expense of reconstructing the building without the ability to use the premises as office space with employees on site;'as well as residential use for Keith, Kathy, visitors, and tenants. An R3-MLT or Office zoning would allow such use and justify the expense of rebuilding the historical structure. Page 5 of 9 Owners activities and.proposed use of the property- AutoQuest Information Services, Inc. is a California corporation incorporated in June of 1992. Its primary business is organized into two divisions. The first division is AutoQuest, a consulting, investment and data information services company. Keith Godfrey is the President of AutoQuest and his primary activities are business consulting and the executive management of the corporation and its investments. His physical activities are phone, fax and computers used to conduct and transact this business. Due to the high travel time and international nature of Keith's activities, his hours of working vary 24-hours a day/ seven-days week. Some examples of Keith's activities: He performs the duties of Chief Financial Officer for Critical Clean Solutions a high technology parts cleaning business located in San Jose, California. He manages an AutoQuest Joint Venture located in Sebastopol, California, that performs document data extraction and information database development services. Keith is also the Managing Director and a primary Stockholder -of Pacific Cleanroom Services, a Cleanroom consumables distribution company located in Penang, Malaysia and Singapore. Keith has little, if any, business conducted in San Luis Obispo. The second division is The Kathy Freeman Company, which is an executive search business focused on the Financial Markets. This business is done on a national scope with no current or forecasted business from SLO. Kathy Freeman Godfrey is the President of this company. Her activities are conducted via the telephone, computer and fax. Keith and Kathy's desire is to live and work in a downtown location in San Luis Obispo. As a corporation, AutoQuest's primary interest is to provide them with the environment they need to be successful. With the growth of the business in the past year it is now clear that Keith and Kathy will require employees in their primary location to assist in their personal and business matters. They would like to live at this primary location during peak business times and then "get away" when the business permits it. They will most likely have another home away from this primary location. We believe many successful people in the business, technical and creative fields have similar working/living styles, and that these types of people would be good citizens for San Luis Obispo. Page 6 of 9 s -y� Project history to date- 05/30/96: Escrow closes on property, both units are occupied. 06/30/96: Tenant vacates 967 house 0711/96: Keith and Kathy move into 967 house. 08/30/96: Tenant vacates 963 house 09/01/96: Keith and Kathy move into 963 house 09/01/96: Tenant occupies 967 house 11/16/96: Fire destroys 963 house and damages 967 house 11/18/97: Met insurance person at site 11/19/97; KJG met Jeff Hook, discuss historical society agenda 11/30/96: First plans for reconstruction shown to city planning & building departments, regulations discussed. Mixed Use zone discussed, city staff said it exists but that none have ever been issued in the city. Office zoning would be required to accomplish•all objectives. - 12/09/96: Met Jeff Hook with plans and again on 12/16/96 01/02/97: Met Archaeologist at site, letter drafted 01/08/97 01/28/97: Historical Society Meeting 02/03/97: The Architectural Review Committee and Historical Society approved plans for the exterior look and construction that we intended to replace the residence destroyed in the fire. 3/20/97: Full working drawings and engineering completed. Cost estimates are high and exceed insurance coverage. Some use as office will be required. March 97:Application/report prepared for a general plan amendment to allow office use May-August '97: Waiting for city planning agenda One meeting cancelled. 08/18/97: City Planning Meeting Held, Planning commission supports idea, returned to staff to work out details, direction for possible MU zoning. Sept '97: Work with staff for solution, discuss and draft two site plan revisions, staff cannot recommend support either. Staff site issues of Office/ Residence separation and Parking. October '97: Review of project, design best feasible alternative, and draft this letter. Page 7 of 9 2 �'.� Economics of reconstruction- Economic factors involved in reconstruction of main house; Cost factors: New foundation required Historical requirements, architectural and matching existing Archeology costs and time requirements Parking requirements and relocation of structures 967 residence condition City approval, costs and time required Insurance proceeds won't cover all these costs The original 963 Broad St. house was built in the 1800's and had no foundation. Although structurally sound before the fire, both new construction code and bank financing guidelines require all new concrete foundation. Saving what remains of the structure is more expensive than total replacement due to special demolition and removal/replacement of porch and fascia brickwork to comply with foundation requirements. Total costs will be significantly more expensive than new construction of a comparable residential unit. Costs of reconstruction to match existing historical architectural elements and requirements of architectural and historical review are also higher in comparison to new or remodel construction for comparable non historic properties. With current and forecasted residential real estate values and bank financing guidelines, these additional costs would not be economically feasible. Historical designated structures carry little if any increase in market value over non-historically designated structures. Excavation for new foundation requires an archaeology phase I assessment. The initial assessment has been completed. Further archaeological investigation is required as the city has not accepted the initial Phase I as final. The ARC recommended a thorough Archaeological Resources Inventory(ARI). In addition, they recommended a Subsurface Archaeological Resource Evaluation (SARE). These recommendations are also not final and, if required, are estimated to exceed $15,000. The exact cost and time requirements are vague, and unpredictable based on the city's inability to give precise direction, time or cost limits at this time. If full compliance with parking regulations is required, both structures will need to be relocated on the property. The main 963 house may require relocation of approximately four feet to allow for legal turnaround space for parking requirements. Much of the desirable landscaping and yard area that was so much a part of the original property would be lost to parking. We believe our plans achieve the balance required for parking and maintenance of the original property look and feel. Our use will require little if any additional parking than fully occupied R-3 use of the original houses. The 967 house, due to its age and condition, will ultimately need to be replaced. Originally constructed as a barn or carriage house, the structure has no foundation and has been altered numerous times in the past to its current configuration. Although in safe and habitable condition at present, repair and maintenance costs are escalating. Some remodel work is currently needed but any remodel is not feasible due to the structural conditions. Replacement will also be difficult if set back, parking and related issues are Page 8 of 9 Z��` not dealt with, and permitted, prior to reconstruction of the 963 residence. The city's policy of no net downtown residence loss has been sited as a driving policy in this project. The future of both the 963 and 967 houses must be considered in evaluation of the property. In February we prepared and discussed with the city staff a proposed site plan with a proposed second project, at a later date. This plan would replace the 967 house with a similar looking structure that would provide residential units and parking below. Delays to date due to the difficulty in working out a solution with city regulations have now cost, additional downtime and loss of use of the property ($2000 x 6 = $12,000), numerous designs and planning costs (+$5000), consulting services required to guide through process ($5000), and City fees for rezoning alternative (+$1800). This has also required the owners to consider its long-term use of the property and its specific considerations discussed here. Due to the many often-conflicting regulations, we cannot now just replace the.house as is. We are now required by the city to solve and get resolution on all issues now brought to our attention. Total insurance proceeds will not cover the reconstruction costs. Our policy's total insured value was $140,000. All estimates to build the ARC approved structure exceed $220,000 not including site work, provision of additional parking, or the 967 house. Insurance coverage was limited at purchase due to the age and condition of the house. These are the main economic factors associated with this project. There are many other details and costs associated with other options for the property. Our intention is to rebuild the original house at a minimum cost for the quality of construction we wish to achieve. Having completed and approved the design to replace the house, we would like the maximum value of the project to be in the construction of the house not in delays, fees and other unrelated expenses. Page 9 of 9 ill::,�; 177a1G�nw Cos iaa..a mN •+.a� i.. ' �u,¢ 7 I 35(10N GI3N'X713G 1, aauraa 7vr 90 oa.ww� mw mvw3116 V lu lu Q V W 11 2 rX S! y6 !e E� �1 Y ee� pgI f •3 °~ e° E. S t 6 3 p eB k a t W DC o zs IfEg?d � s Ali sly O � ODD zY4FYYWE c aS�F ak2 3 i 111 In OAC ■'M�■ , t '� t_t $ ° s' ! 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GZ �(PQ.l �Ou'�n `�iLU�� a v, [X pop(J— C }�00 d 0 Sa V,-,fp, I,�. � ��n o�• Z e RECEIVED OCT 08 1997 CITY Of SAN LUIS OBISPO San Luis Obispo, October 8, 1997 COMMUNITY DEVELOPMENT San Luis Obispo Planning Commissioners Re: Zone change request John Ashbaugh, David JeSrey, John Ewan, 963 Broad Street Janet Kourakis, Paul Ready, Charles Senn, and Mary Whittlesey Dear Commissioners: Pamela Ricci has just informed me that the hearing for the zone change request for 963 Broad Street has been continued io a date uncertain because the applicants have faded to provide staff with sufficient materials for your hearing originally scheduled for October 8. I had planned to be present to present testimony. Pam has told me that the hearing will likely be held in early November. Unfortunately, I shall be out of the country at that time,hence this letter. My interest in this property is historical and dates back to my 1959 - 67 tenure on the Planning Commission and my 1969 - 79 tenure as Mayor during which time the Mission Plaza was much discussed and finally brought into being. Many citizens during those times visualized the expansion of the "Plaza"to include the block from Broad to Nipomo from the creek to Monterey and also portions of the block contained by Broad, Monterey,Nipomo and Palm this latter block to contain an expanded Historical Museum and other cultural amenities including the preservation of the Litcher Adobe and the Victorian Cottage which is the subject of the zone change request. That expanded Plaza would necessitate the eventual closing of the internal streets; e.g. Broad (both legs) and Monterey-these closings to be accomplished in phases. As you know, one portion ofthe expanded Plaza was accomplished about ten years ago and land has been purchased for a second expansion on the Monterey side of the creek between Broad and Nipomo. I understand that plans are/or soon will be under way for the design and construction phases of that portion of the Plaza expansion. In preparation for your hearing, I respectfully ask you to review that portion of the "Downtown Concept Plan" that details these expansion goals. As this plan has been adopted by the City Council as a guide for development, it best represents community goals for an expanded Plaza. I would call yourattention to: (1)the identification of the Victorian Cottage as a structure to be preserved; and(2)the conversion of Monterey and the two Broad Street segments into pedestrian ways(with permitted access by emergency and service vehicles), and(3)the expansion proposal for the County Historical Museum Please review the recommended "City Projects and Related Property Acquisitions"listed in the text on the reverse side of the document. z- �s Page 2: Planning Commission These are my recommendations for your considered action: 1. Require the restoration of the structure to the satisfaction of the CHC and the ARC. The original residence was a historical jewel;its partial destruction by fire was a real tragedy not only for the owners but for the community. 2. Permit the zone change only if you are assured ofthe following: a The primarly use of the property remains residential. b. The zone change will not set a precedent for similar requests by adjacent properties. The City in conjunction with the County Historical Society have an interest in the acquisition of the property between this property and the Historical Museum -you should not take an action which arbitrarily inflates the value of that adjacent property. c. That access for parking required for residential and office uses must enter and exit the property only from Palm Street. No curb cuts presently exist on Broad Street and none should be permitted which would defeat the planned closure of Broad Street at Palm. Recollect, if you will, that Plaza Events presently close this section of Broad Street from Palm through to Broad and Monterey- those types of uses should not be constrained by this rezoning. d Match to the degree possible the landscape appearance of the rear yard-that facing Broad Street. e. Do not permit any subdivision of this parcel. In conclusion, there is some merit in the idea of allowing an office use in a historical residence in Pat it assures an income value that helps to sustain the residence in its historical character. !Sincerely, eth E. chwartz, FAIA-e O1 Buena Vista San Luis Obispo, CA 93405 c: Pam Ricci, Planner Arnold Jonas, Community Development Director Pierre Rademaker, Downtown Concept Plan Design Team Member Michael McCluskey, Public Works Director To: Planning Commission, City of San Luis Obispo Re: Application GP/R & E.38-97 This project overreaches and asks too much. It wants to amend the General Plan and it wants to modify the land use map. Also, this project is asking for a major change in the zoning of the site. The site of this project is the heart of the little neighborhood in back of the Mission. In this neighborhood and within a few hundred feet of this site are located some very old single family houses, a prep school with its modest athletic and playing fields, the county historical museum, and the only direct entrance to the garden of the Mission.This neighborhood is recognized and appreciated by almost everyone for its longstanding balance, its quiet historical appeal, and charming mix of things. What is important and special to this place is that it contains nn retail Within itse f yet it is at one edge of downtown and a short walk to general retail. The project does not fit the general plan and does not harmonize with the neighborhood. If this site is developed under the current R3 zoning codes and giving respect to the historical facts of the site, the neighborhood will remain essentially the same. But if this site is rezoned to general retail it will surely bring about a series of spot zoning applications, all with their own mitigating factors, and the neighborhood will be no more. Ralph A. Peters (1L,v C.i a) 643 "7&74 P.S. The mailed Notice of Planning Commission Hearing states "...zoning change from med. density retail to gen. retail..." I believe the description "med. density retail" is inaccurate. It is reasonable to conclude that other property owners may not properly respond because of this inaccuracy. Z-s7 DECEIVED 1FrANk AHb Doris Serpa AUG 2 S 1997 391 Woobbrlase CITY OF SAN LUIS 081SPo SAN Luis Obispo.CA 9wi •OMMUNI YDEVELOPMEN' August 21, 1997 SLO City Planning Commission 990 Palm Street San Luis Obispo, CA 93401-3249 Planning Commission: I am writing regarding the little white house located at 963 Broad Street. I am a native of San Luis Obispo and that residence was purchased by my parents in 1924. We originally lived in the little red house and moved to the white house when I was about two years old. My mother and father are deceased. In June 1997,my sister, Mary Bachino,and I sold the property to Kathy and Keith Godfrey. We were very pleased with the sale because the new owners were enchanted with the charm of the old house and wanted to improve it for their needs, but also intended to keep it looking essentially the same. Unfortunately, a fire destroyed most of the house almost a year ago. That house seems to be a favorite in town and people are always inquiring as to when it will be rebuilt. Keith and Kathy have shown good faith in trying to restore it so that it would meet the historical standards and be even more appealing on that corner. We would appreciate anything the Planning Commission can do to allow reconstruction at the earliest possible time. Thank you for your cooperation. Sincerely, Frank A. Serpa cc: Kathy and Keith Godfrey 1368 Marsh Street San Luis Obispo, Ca 93401 a- s0s ►►►�������u���i�i��►►IIIIIIIIIIIIIIID°°11'���ii I II city of sAn lues oaspo 990 Palm Street, San Luis Obispo, CA 93401-3249 February 7, 1997 Autoquest Information Systems 1368 March Street San Luis Obispo, CA 93401 SUBJECT: ARC 4-97: 963 Broad Street Dear Applicant: The Architectural Review Commission, at its meeting of February 3, 1997, granted _ final approval to the project, with the following conditions: 1. A thorough Archaeological Resources Inventory (ARI) shall be completed to supplement the preliminary Phase I report prepared by Clay Singer dated 1-8-97 (primarily additional historical research). In addition, a Subsurface Archaeological Resource Evaluation (SARE) will be required for those areas of the site where excavation is proposed. 2. The following building details shall be included in project working drawings to return to staff for approval : • All architectural details shall match existing details; • The south porch supports shall be modified to match the front (Palm Street) porch skirting; • Porch railings shall match existing, as closely as possible (consistent with code requirements; and • The roof pitch of the new work shall match existing. 3. Building permit plans shall be forwarded to the CHC for "courtesy review" prior to building permit. 4. If significant changes to site planting are proposed, then the applicant shall submit a landscaping plan to Planning staff for review and approval. n INThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Talprnmmnnirptinne Ilnviro (nr rhn I�ro! rcnc+ 7a+.�.++n ARC 4-97 Page 2 The decision of the Commission is final unless appealed to the City Council within ten days of the action. The appeal period will expire on February 13, 1997. An appeal may be filed with the City Clerk by any person aggrieved by a decision of the Commission. While the City's water allocation regulations are in effect, the Architectural Review Commission's approval expires after three years if construction has not started, unless the Commission designated a different time period. On request, the Community Development Director may grant a single one-year extension. If you have questions, please contact Pamela Ricci at 781-7168. Sincerely, - Ronald senand Development Review Manager RW:mk cc: Keith Godfrey �Illl II city of sAn tuts omspo 990 Palm Street, San Luis Obispo, CA 93401-3249 January 28, 1997 Keith Godfrey Auto Quest Information Services, Inc. 1368 Marsh Street San Luis Obispo, CA 93401 SUBJECT: Zoning Exception for Historic Structure(Manderscheid House); 963 Broad Street Dear Mr. Godfrey: I have reviewed your plans to rebuild a house that was recently severely damaged by a fire. The zoning regulations would require that you provide a 10-foot street yard setback for the covered porch along Broad Street and a total of two parking spaces for the main house. Therefore, you have requested exceptions to allow the house to be built in its previous footprint as shown on plans (the porch has a 6- foot setback), with the retention of the existing one-car garage to meet parking requirements. Section 17.14.020 F.2. of the zoning regulations allows the Director to grant exceptions for proposed improvements to structures that are included on the City's Master List of Historic Structures when the Director detennines that the improvements promote the City's historic preservation goals. Based on the circumstances, I hereby approve your requests, based on the following findings: 1. The exceptions are"reasonably necessary to further the City's historic preservation goals", as listed in Council Resolution No. 6157 (1987 Series) in the Historical Preservation Guidelines; 2. The proposed improvements will not pose hazards to public health, safety or general welfare of persons working or residing in the vicinity; and 3. The design of the proposed improvements is consistent with the City's Historical Preservation Guidelines. S' cere , Arnold B. Jonas, Community Development Director I:\chctDhvaorc.,xvptiura - Ltt The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. 2_60/ ` Telecommunications Device for the Deaf(805) 781-7410. ��������►�►►►i�►�i►�IIIIIIIIIIIIIIEh►►►�,��,���u� it city of sAn tuis OBISPO 990 Palm Street, San Luis Obispo, CA 93401-3249 January 30, 1997 Auto Quest Information Systems 1368 Marsh Street San Luis Obispo, CA 93401 - SUBJECT: ARC 4-97: 963 Broad Street Dear Applicant: The Cultural Heritage Committee, at its meeting of January 27, 1997, recommended that the Architectural Review Commission approve the restoration of the fire-damaged Manderscheid House, with the finding that the proposed restoration and building addition will alter the historic architectural character of the existing house. The Committee recommended that the following design changes be included to mitigate historic preservation concerns: 1. All architectural details shall match existing details, to be approved by Cultural Heritage Committee staff prior to building permit issuance.. 2. The south porch supports shall be modified to match the front (Palm Street) porch skirting. 3. Porch railings shall match existing, as closely as possible (consistent with code requirements). 4. Building permit plans shall be forwarded to the Cultural Heritage Committee for "courtesy review" prior to building permit issuance. 5. The roof pitch of the new work shall match existing. 6. Landscaping and site features shall be restored to its historical character, to the extent possible. The action of the Cultural Heritage Committee is a recommendation and therefore is not final. The matter has been scheduled for review by the Architectural Review Commission on February 3, 1997 at 5:00 p.m. in Conference Room AB in the County City Library. (�/ The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. 2-82 Telecommunications Device for the Deaf !8051 781-7410. ARC 4-97 Page 2 If you have any questions, please contact me at 781-7176 or Pamela Ricci at 781-7168. Sincerely, Je ociate Planner JH:mk cc: Keith Godfrey Z��3 Recirding Requested _ Doc No; 1991- 384 Rpt No: 00071772 City of San Luis Obispo Official Records ; RF -1 37 . 00 When recorded, mail to: San Luis Obispo Co. Julie L. Rodewald ; City Clerk Recorder ; City of San Luis Obispo Oct 09, 1997 ; 990 Palm Street Time: 14:49 ' San Luis Obispo, CA 93401 ; ; TOTAL 37 .00 RESOLUTION NO. $721 (1997 Series) APPROVING AN HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO)IN THE COUNTY OF SAN LUIS OBISPO,STATE OF CALIFORNIA,AND AUTOQUEST INFORMATION SERVICES,INC.,A CALIFORNIA CORPORATION,OWNER OF A DESIGNATED HISTORIC RESOURCE AT 963 BROAD STREET, IN SAN LUIS OBISPO. WHEREAS,the City Council of the City of San Luis Obispo is authorized by California Government Code Section 50280 et seq.(Known as'the Mills Act")to enter into contracts with . the owners of qualified historical properties to provide for appropriate use, maintenance, and rehabilitation such that these historic properties retain their historic characteristics;and WHEREAS, the City Council has adopted Resolution No. 8589 (1996 Series), establishing a pilot program to implement General Plan policies and to encourage the preservation,restoration and maintenance of historic properties through the Mills Act Program; and WHEREAS, the owner possesses fee title in and to that certain qualified real property, together with associated structures and improvements thereon, located-on Assessor's Parcel Number 02-412-09, located at 963 Broad Street, San Luis Obispo, California 93401, also described as The Mandersheid House(Hereinafter referred to as the°historic property");and WHEREAS,the City Council of the City of San Luis Obispo has designated this property as an historic resource of the City of San Luis Obispo pursuant to the policies in the City's Historic Preservation Program Guidelines;and WHEREAS, the City and owner, for their mutual benefit, now desire to enter into this agreement to limit the use of the property to prevent inappropriate alterations and to ensure that character-defrnirig features are preserved and maintained in an exemplary manner, and repairs and/or improvements are completed as necessary to carry out the purposes of California Government Code,Chapter 1,Part 5 of Division 1 of Title 5,Article 12,Sec.50280 et seq.,and to qualify for an assessment of valuation pursuant to Article 1.9,Sec.439 et.seg.of the Revenue and Taxation Code. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City.of San suis Obispo as follows: SECTION 1. Historic Preservation Agreement approved. The City Council hereby approves the attached historic preservation agreement between the City of San Luis Obispo and the owner. SECTION 2. Mayor Authorized to Sign Agreement for City. The City Council hereby authorizes the Mayor to execute said agreement on behalf of the Council of the City of San Luis Obispo. Council Resolution No. 8721 (1997 Series) Page 2 SECTION 3. Environmental Determination. The City Council has determined that this historic preservation agreement is not a project,as defined by Section 15378 of the California Environmental Quality Act and is exempt from environmental review. SECTION 4. Recordation of the Agreement. No later than twenty(20) days after the parties execute and enter into said agreement,the City Clerk shall cause this agreement to be recorded in the Office of the County Recorder of the County of San Luis Obispo. Upon motion of Romero , seconded by. w; 11 iam.,; and on the following roll call vote: AYES: Council Members Romero, Williams, Roalman and Mayor Settle NOES: None ABSENT: Council Member Smith (not participating) The foregoing Resolution was adopted this 16th day of September , 1997. "'�lew� Mayor Allen K. Settle A77EST.�; onnig'Gaw. ity Jerk +, OVED: Jor ens Ci Attorney HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE OWNER OF HISTORIC PROPERTY LOCATED AT 963 BROAD STREET, IN THE CITY,AND THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA. THIS AGREEMENT is made and entered into this 10 day of 6e !1997,by.and between the City of San Luis Obispo,a municipal corporation(hereinafter referred to as the "City"),and Autoquest Information Services,Inc.,A California Corporation(hereinafter referred to as "Owner"), and collectively referred to as the "parties." Section 1. Description bf Preservation Measures. The Owner, his heirs or assigns hereby agree to undertake and complete, at their expense, the preservation,maintenance and improvement measures described in Exhibit "A", attached hereto. Section 2. Effective Date and Term of Agreement. This agreement shall be effective and commence upon recordation, and shall remain in effect for an initial term of ten(10)years thereafter. Each year upon the anniversary of the agreement's effective date, such initial term will automatically be extended as provided in California Government Code Section 50280 through 50290 and in Section 3,below. Section 3. Agreement Renewal and Non-renewal. A. Each year on the anniversary of the effective date of this agreement(hereinafter referred to as "annual renewal date"), a year shall automatically be added to the initial term of this agreement unless written notice of nonrenewal is served as provided herein. B. If the Owner or the City desires in any year not to renew the agreement, the Owner or the City shall serve written notice of nonrenewal of the agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90)days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year.shall automatically be added to the term of the agreement as provided herein. C. The Owner may make a written protest of the notice. The City may, at any time prior to the annual renewal date,withdraw its notice to the Owner of nonrenewal. D. If either the City or the Owner serves notice to the other party of nonrenewal in any year, the agreement shall remain in effect for the balance of the term then remaining. Section 4. Standards and Conditions. During the term of this agreement,the historic property shall be subject to the following conditions: A. Owner agrees to preserve,maintain, and, where necessary;restore or rehabilitate the property and its character-defining features, including: the building's general architectural form, style,materials, design, scale,proportions, organization of windows, a,rc Historic Property Agreement Page 2 doors,and other openings; interior architectural elements that are integral to the building's historic character or significance; exterior materials,coatings, textures,details, mass, roof line,porch and other aspects of the appearance of the building's exterior, as described in Exhibit B,to the satisfaction of the Community Development Director or his designee. B. If the building's.interior closely relates to the property's eligibility as a qualified historic property,the Owner agrees to allow pre-arranged tours on a limited basis, to the approval of the Community Development Director or his designee. C. All building changes shall comply with applicable City specific plans, City regulations and guidelines, and conform to the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation,namely the U.S. Secretary of the Interior's Standards for Rehabilitation and Standards and Guidelines for Historic Preservation Projects. Interior remodeling shall retain original, character- defining architectural features such as oak and mahogany details,pillars and arches, special tilework or architectural ornamentation, to the greatest extent possible. D. The Community Development Director shall be notified by the Owner of changes to character-defining exterior features prior to their execution, such as major landscaping projects and tree removals, exterior door or window replacement, repainting, remodeling, or other exterior alterations requiring a building permit. The Owner agrees to secure all necessary City approvals and/or permits prior to commencing work. E. Owner agrees that property tax savings resulting from this agreement shall be used for property maintenance and improvements as described in Exhibit A. F. The following are prohibited: demolition or partial demolition of the historic building or accessory buildings; exterior alterations or additions not in keeping with the standards listed above; dilapidated,deteriorating or unrepaired structures such as fences,roofs, doors,walls,windows;outdoor storage of junk,trash, debris, appliances, or furniture visible from a public way; or any device,decoration, structure or vegetation which is unsightly due to lack of maintenance or because such feature adversely affects, or is visually incompatible with,the property's recognized historic character, significance and design, as determined by the Community Development Director. G. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the historic property by representatives of the County Assessor,the State Department of Parks and Recreation, the State Board of Equalization, and the City,as may be necessary to determine the owners' compliance with the terms and provisions of this agreement al- 67 Historic Property Agreement Page 3 Section 5. Furnishing of Information. The Owner hereby agrees to famish any and all information requested by the City which may be necessary or advisable to determine compliance with the terms and provisions of this agreement. Section 6. Cancellation. A. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50285,may cancel this agreement if it determines that the Owner has breached any of the conditions of this agreement or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property; or if the City determines that the Owner has failed to preserve,maintain or rehabilitate the property in the manner specified in Section 4 of this agreement. If a contract is canceled because of failure of the Owner to preserve,maintain, and rehabilitate the historic property as specified above,the Owner shall pay a cancellation fee to the State Controller as set forth in Government Code Section 50286, which states that the fee shall be 12 1/2%of the full value of the property at the time of cancellation without regard to any restriction imposed with this agreement. B. If the historic property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of the agreement, the agreemertt shall be canceled and no fee imposed, as specified in Govemment Code Section 50288. Section 7. Enforcement of Agreement. A. In lieu of and/or in addition to any provisions to cancel the agreement as referenced herein,the City may specifically enforce, or enjoin the breach of,the terms of the agreement. In the event of a default,the City shall give written notice of violation to the Owner by registered or certified mail addressed to the address stated in this agreement. If such a violation is not corrected to the reasonable satisfaction of the Community Development Director or designee within thirty(30)days thereafter; or if not corrected within such a reasonable time as may be required to cure the breach or default of said breach; or if the default cannot be cured within thirty(30) days (provided that acts to cure the breach or default may be commenced within thirty(30) days and shall thereafter be diligently pursued to completion by the Owner);then the City may,without further notice, declare a default under the terms of this agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out-0f the terms of this agreement, apply to any court, state or federal,for injunctive relief against any violation by the Owner, or apply for such relief as may be appropriate. • 1 Historic Property Agreement Page 4 B. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this agreement. All other remedies at law or in equity which are not otherwise provided for in this agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach or default under this agreement. No waiver by the City of any breach or default under this agreement shall be deemed to be a waiver of any other subsequent breach thereof or default herein under. C. By mutual agreement, City and Owner may enter into mediation or binding arbitration to resolve disputes or grievances growing out of this contract. Section S. Binding Effect of Agreement. The Owner hereby subjects the historic property located at 963 Broad Street, San Luis Obispo, California,to the covenants, reservations, and restrictions as set forth in this agreement. The City and Owner hereby declare their specific intent that the covenants,reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the historic property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the historic property or any portion thereof, shall conclusively be held to have been executed, delivered,-and accepted subject to the covenants, reservations, and restrictions expressed in this agreement regardless of whether such covenants, restrictions, and reservations are set forth in such contract, deed, or other instrument. Section 9. Notice. Any notice required by the terms of this agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. To City: Community Development Director City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 To Owner: Autoquest Information Services,Inc. 1368 Marsh Street San Luis Obispo, CA 93401 Attn: Keith Godfrey Section 10. General Provisions. A. None of the terms,provisions,or conditions of this agreement shall be deemed to create a partnership between the partieg hereto and any of their heirs,successors or assigns,nor shall such terms,provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. 2-69 Historic Property Agreement Page 5 B. The Owner agrees to hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage, or from claims for damage for personal injuries,including death, and claims for property damage which may arise from the direct or indirect use or activities of the Owner, or from those of their contractor, subcontractor, agent, employee or other person acting on the Owner's behalf which relates to the use, operation, maintenance, or improvement of the historic property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials,officers, agents, and employees with respect to any and all claims or actions for damages caused by, or alleged to have been cause by, reason of the owners' activities in connection with the historic property, excepting however any such claims or actions which are the result of the sole negligence or willful misconduct of City,its officers, agents or employees. C. This hold harmless provision applies to all damages and claims for damages suffered,or alleged to have been suffered, and costs of defense incurred,by reason of the operations referred to in this agreement regardless of whether or not the City prepared, supplied,or approved the plans, specifications or other documents for the historic property. D. All of the agreements,rights,covenants, reservations, and restrictions contained in this agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring-any part or portion of the historic property,whether by operation of law or in any manner whatsoever. E. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants,reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding.may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. F. In the event that any of the provisions of this agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof,shall not be affected thereby. G. This agreement shall be construed and governed in accordance with the laws of the State of California Section 11. Amendments. This agreement may be amended,in whole or in part,only by a written recorded instrument executed by the parties hereto. 2- 70 Historic Property Agreement Page 6 Section 12. Recordation and Fees. No later than twenty(20) days after the parties execute and enter into this agreement,the City shall cause this agreement to be recorded in the office of the County Recorder of the County of San Luis Obispo. Participation in the program shall be at no cost to the Owner;however the City may charge reasonable and necessary fees to recover direct costs of executing,recording, and administering the historical property contracts. IN WITNESS WHEREOF,the city and owners have executed this agreement on the day and year written above. CITY OF SAN LUIS OBISPO ,AI Ien K. Settle,Mayo Date OWNER ./a-Z-yam Aut ques anon ee ices, nc. I5ate QJ Au qt&A Inf rmatiCoservi (s, Date State of California County of On �%3c X7.7 before personally appeared personally known to me (or proved to me onthe basis of satisfactory evidence) to be the person whose name X is aY4 subscribed to the within instrument and acknowledged to me thaRho/ /thy executed the same in( t*/tXir authorized capacity(i�) , and that bytYir s' a ure ) on the instrument the person) ) or the entity upon behalf of which the perso to , e'Vk- ument. C.TIDY PILG WITNESS my hand and official seal. Ccirr slog#109[390 Notcay,Pubic—Cagomb Signature n 2 - MY blspoComy �TX�IfdS Mar)).?fY1f1 CINDY PAG STATE OF CALIFORNIA _ Commlalon#1091390 COUNTY OF SAN LUIS OBISPO i ss. -i Notary Pubic—CditrA3 'y Son Luk°bhpoCMyy On this 2nd day of October, 1997, before MyCOfrmBq*esMat7'2000 me, a Notary Public in and for said State, personally appeared Keith Godfrey and Kathy Freeman-Godfrey, known to me to be the persons whose names subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument: . T?TTTTFCC r .,r l• ne A nr,A . rr._ __ _, 2 -7/ Exhibit A MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY LOCATED AT 963 BROAD STREET,SAN LUIS OBISPO, CALIFORNIA. 1. Owner shall preserve,maintain, and repair the historic building,including its character- defining architectural features in good condition, to the satisfaction of the Community Development Director or designee,pursuant to a Mills Act Preservation Contract with the City of San.Luis Obispo for property located at 963 Broad Street. Character-defining features shall include,but are not limited to: roof, eaves, dormers,trim,porches,walls and siding, architectural detailing, doors and windows, window screens and shutters, balustrades and railings,foundations, and surface treatments. 2. Owner agrees to make the following improvements and/or repairs during the term of this contract, but in no case later than ten years from the date of recording the contract with the County Recorder. All changes or repairs shall be consistent with the City's Historic Preservation Program Guidelines and the Secretary of the Interior's Standards for Historic Preservation Projects. Owner further agrees to: a. Restore,maintain and preserve the house at 963 Broad Street as shown in approved . City plans (ARC MI 4-97)and to maintain records to verify costs of preservation repairs and restoration work; b. Match original architectural details in restoration and repair work to the fire-damaged building; c. Replace original porch railings to match existing; d. Repair/replace roof to match existing; e. Submit final building permit plans to the City's Cultural Heritage Committee for a "courtesy review"prior to the start of construction; and f. Submit significant changes to site landscaping to the Community Development Director for review and approval. 3. Property shall be maintained in accordance with Zoning Regulations,and with the City's Property Maintenance Standards. OWNER Auto uesto do Services,Inc. bate ins Auto uest ormation Sen es, 164 Date J'h/L.:mi11s=t 14.con Z-7a Exmn' B Ser. No. 0003-04R HAGS HAER NIR �� SHL Loc_ UTM: A 10/712440 3906460 B HISTORIC RESOURCES INVENTORY C D IDENTIFICATION pedrotta House 1. Common name: 2. Historic name: Manderscheid House 3. Street or rural address: 963 Broad Street Cit% San Luis ObispoZip 93401 County San Luis Obispo 4. Parcel number: 02-412-09 5. Present Owner: Pedrotta, J.A. , et all. Address: 963 Broad Street City San Luis Obispo. Zip 93401 Ownership is: Public Private X 6. Present Use: Residential Original use: Residential DESCRIPTION 7a. Architectural style: Italianate 7b. Briefly describe the present physical description of the site or structure and describe any major alterations from its original condition: This T-plan house has an entry on each of two porches. The larger porch on the Palm. Street side appears to have been the original main entrance. The door is offset on the left with three double hung windows. To the left of the porchis a gable facing the street containing the bay window. All windows are 2/2 double hung. The house is sheathed with shiplap siding. On the Broad Street side the door is centered with a 2/2 window on each side. The open porch extends from the roof eaves. Shutters adorn the windows and Classic Revival columns support the porch roof with ginger- bread trim. To the rear there is a separate garage/shed structure of the same style, on this large landscaped corner lot. 8. Construction date: Estimated 1890 Factual 9. Architect Unknown 10. Builder Unknown =.r _ 11. Approx. property size (in feet) - Frontage 125' Depth 185' "• V or approx. acreage ����(II���lllll�`tllf 1!11111! Illillllllllllllllllilll' ;;j;�� I�IIII;�IIIII�IIIIII 12. Date(s) of enclosed photograph(s) December 1982 � 1 13. Condition: Excellent X Good Fair_ Deteriorated No longer in existence 14. Alterations: 15. Surroundings: (Check more than one if necessary) . Open land _Scattered buildings_Densely built-up Residential X Industrial Commercial Other: 16. Threatsto site: None known---!Private development_ Zoning_ Vandalism Public Works project Other: 17. Is the structure: On its original site? YeS Moved? Unknown? 18. Related features: SIGNIFICANCE 19. Briefly state historical and/or'architectural importance (include dates,events,and persons associated with the site.) Built between 1886 and 1891 the house at 963 Broad is a somewhat vernacular interpretation of Neo—Colonial architecture in San Luis Obispo. The building defies any precise style and seems in part to imitate the Italianate Villa in plan and styling from the T—cross gable plan. Many similar looking residences built in San Luis Obispo in the 1880's housed railroad workers and their families. These worker residences reflected the unprofessionally trained carpenter-designed folk building traditions that have been loosely termed "railroad houses", not a true ' architectural category but rather a vernacular. building rendition. Although the original residents have not been identified, it is known that Mrs. Catherine Ranson, a widow, lived here in 1904. In 1914, the house was occupied by Richard and Florence Manderscheid. He was a conductor on the Pacific Coast Railroad. Locational sketch map (draw and label site and surrounding streets,roads,and prominent landmarks): 20. Main theme of the historic resource: (If more than one is NORTH checked,number in order of importance.) Architecture Arts& Leisure Economic/Industrial—Exploration/Settlement Government Military Religion Social/Education 21. Sources (List books,documents,surveys,personal interviews and their dates). City Directory (1914) Sanborn Fire Insurance Maps (1886, 1891) 22. Date form prepared JUN 2 0 1983 . By (name) ITS stark RPc_ Rn ryey .Staff Organization r^itle of Can Tmi c Nni c_nn Address: Q_n_ ar,x 121 City — San Luis Obispo Zip 93401 Phone: (805) 541-1000 .•74/ ��►��o�h��►n�ll�llililll!IiIIII I���►�'°°��►�I II city ® sem �s oaspo 990 Palm Street, San Luis Obispo, CA 93401-3249 August 5, 1997 Kathy Freeman Autoquest Information Services 1368 Marsh Street San Luis Obispo, CA 93401 975 SUBJECT: ER 38-97: 963, 967,hand 9751h Broad Street Dear Ms.Freeman: On August 3, 1997, I reviewed your project's potential effect on the environment. I found that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because of the mitigation measures either incorporated into the project or developed during our environmental analysis of your project. A Negative Declaration of Environmental Impact with Mitigation Measures will be prepared. A copy of the initial study, which was the basis for my determination is attached for your review. State law requires that the applicant agree to project mitigation measures prior to your project being scheduled for action by a City decision making body. I have enclosed an Applicant Acceptance of Mitigation Measures Agreement for your review and signature. The agreement lists the recommended mitigation measures as well as provides a signature block to indicate your acceptance. It is recommended that you sign and return the attached agreement as soon as possible in order to avoid project processing delays. If you have any questions,please contact my office at 781-7170 as soon as possible. Sincerely, Ronald senand Development Review Manager Enclosure: Initial Study Mitigation Agreement Return Envelope cc: Dan Lloyd, EDA ?-7.4f If 1 1 The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. T Applicant Acceptance of Mitigation Measures Project: 38-97 963, 967, 975, 9751/2 Broad Street This agreement is entered into by and between the City of San Luis Obispo and Autoquest Information Services on the day of ' 1997. The following measures are included in the project to mitigate potential adverse environmental impacts. Please sign the original and return it to the Community Development Department. MITIGATION MEASURES/MONITORING PROGRAM 1. Mitigation Measure: To find the requested amendments consistent with Land Use Policy 2.6.2,the Planning Commission and City Council must find that there is evidence that the findings listed in the policy can be met. Monitoring The Planning Commission and City Council must determine that the proposed Program: amendments are consistent with the LUE policy by finding: A. A significant, long-tern neighborhood or citywide need, which outweighs the preference to retain residential capacity,will be met, and; B. The need is best met at the proposed location and no comparable alternative exists. 2. Mitigation Measure: The project shall be modified to rezone the site O-S-H. The existing zoning regulations require the processing of an administrative use permit when a residence is converted into an office. However, the rezoning cannot be conditioned to require the retention of on-site housing. With the AS@ overl,-- zone, the special consideration for the site can be documented to provi direction with the review of the use permit that on-site housing needs to be retained with the conversion of the historic house into an office. Monitoring The Planning Commission and the City Council will consider the appropriate Program: zoning category to be applied to the site through the public hearing process where the subject project is considered. 3. Mitigation Measure: Through the required environmental review and architectural review processes, specific site development plans shall be reviewed to evaluate parking lot development and landscaping plans for buffering and screening between the project site and adjoining lots. Monitoring Parking lot development and landscaping plans shall be reviewed and Program: monitored during architectural review and building permit plan check. 4. Mitigation Measure: With any site changes to accommodate offices, a thorough Archaeological Resources Inventory (ARI) shall be completed to supplement the preliminary Phase I report prepared by Clay Singer dated 1-8-97 (primarily additional historical research). in addition, a Subsurface Archaeological Resource Evaluation (SAKE) will be required for those areas of the site where extensive site disturbance or excavation are proposed. Monitoring The required ARI and SARE must accompany specific development plans Program: submitted for any future site projects that involve excavation. If the Community Development Director or hearing body determines that the above mitigation measures are ineffective or physically infeasible, he may add, delete or modify the mitigation to meet the intent of the original measures. Please note that section 15070 (b) (1) of the California Administrative Code requires the applican, agree to the above mitigation measures before the proposed Mitigated Negative Declaration is released �•76 ER 38-97 Mitigation Agreement Page 2 for public review. This project will not be scheduled for public review and hearing until this signed original is returned to the Community Development Department. Ronald Whisenand, Kathy Freeman Development Review Manager Autoquest Information Services cc: Dan Lloyd, EDA - LeA38-97.mit 2-77 III�°°1"iii II (I 1A cit o san luis oBispoe 990 Palm Street, San Luis Obispo, CA 93401-3249 INITIAL STUDY ER 38-97 ENVIRONMENTAL CHECKLIST FORM 1. Project Title: Freeman General Plan Amendment & Rezoning 2. Lead Agency Name and Address: City of San Luis Obispo 990 Palm street San Luis Obispo, CA 93401 3. Contact Person and Phone Number: Pam Ricci (805) 781-7168 4. Project Location: 963, 967, 975, 9751/2 Broad Street, southwest corner of Broad and Palm Streets 5. Project Sponsor's Name and Address: Kathy Freeman Autoquest Information Services 1368 Marsh Street San Luis Obispo, CA 93401 6. General Plan Designation: Medium-High Density Residential 7. Zoning: R-3-H; Medium-High Density Residential with the Historical Preservation overlay zoning The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. 7tf V Telecommunications Device for the Deal (805) 781-7410. 8. Description of the Project: The applicant proposes to modify the land use designation and zoning for the property from Medium-High Density Residential to categories that would allow offices. The specific proposal mentions amending the zoning of the site from R-3-H, Medium-High Density Residential with the Historical Preservation overlay zoning, to C-C-H, Central Commercial with the Historical Preservation overlay zoning. The general plan amendment request is to modify the Land Use Element map designation from Medium-High Density Residential to Office. 9. Project Entitlements Requested- Applications for environmental review and a general plan amendment and rezoning have been filed to modify the relevant maps as discussed above. 10. Site Description: The proposed rezoning site is composed of two separate level properties. The site closest to the street intersection contains 11,258 square feet and is developed with two dwellings: 967 Broad; a small, 2-bedroom unit, and 963 Broad; the 3-bedroom main house. A one-car garage is located just behind the property line along the Palm Street frontage. The main house is on the City's Master List of Historic Resources and has a historic ranking of "4", indicating that it is potentially eligible for the National Register of Historic Places. The interior site contains 5,000 square feet and is developed with: 975 Broad Street, a house built in 1960, and 9751/2 Broad Street, a detached apartment. 11. Surrounding Land Uses and Settings: The sites are located across Palm Street from the Mission College Preparatory School, and across Broad Street from the Old Mission. In addition to the Mission, there area number of other historic buildings within a block of the site including: the Hays/Latimer Adobe (642 Monterey); the Nichols House (664 Monterey); the County Museum (696 Monterey); and the Murray Adobe (747 Monterey). Mission Plaza and the retail core of the downtown are in the near vicinity. 12. Other public agencies whose approval is required (e.g. permits, financing approval, or participation agreement): None z 2-7f 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. X Land Use and Planning Biological Resources Aesthetics X Population and Housing Energy and Mineral X Cultural Resources Resources Geological Problems Hazards Recreation Water X Noise Mandatory Findings of Significance Air Quality Public Services z;F�:•�-r':'r:a: =f„„'{=' :p N�k1�')`.��.3`y.4r�•='�:,- .'..1;,i`tin.':��;_r-x;":'.;;i�!:1 ai.+j1��.F}Y�i.�T[:'rC•. ..:..- .UVJ...„ _ , �..< L_Sl:" •G:�.�: Transportation and - f 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 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 an X 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 the environment, 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, there 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. 3 .��0 August 3, 1997 _§*_ig_rXfure Date Ronald Whisenand, Development Review Manager Arnold Jonas, Community Development Dir. Printed Name For EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the infotmation 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. 4 1. LAND USE AND PLANNING - Would the proposal: a) Conflict with general plan designation or zoning? 112 X b) .Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? X c) Be incompatible with existing land use in the vicinity? X d) Affect agricultural resources or operations (e.g. impact to soils or farmlands, or impacts from incompatible land X uses? e) Disrupt or divide the physical arrangement of an established community (including a low-income or X minority community)? GENERAL PLAN POLICY CONSISTENCY The applicant wants to modify the zoning and land use designation of the sites to allow the establishment o commercial uses on the properties, specifically offices. The precise zoning category and land us designation that are applied to the properties will be the result of a recommendation of the Plannin Commission, and ultimately a decision of the City Council. The applicant has proposed amendments tha would change the designations of the two subject properties from Medium-High Density Residential (Lan( Use Element map) and R-3-H, Medium-High Density Residential with the Historical Preservation overlay zoning (Zoning map), to Office (LUE map) and C-C-H, Central Commercial with the Historical Preservation overlay zoning (Zoning map). However, the applicant's proposal will need to be modified to have a zonin and land use designation that are consistent with one another. The C-C zoning would be appropriate witir the General Retail land use designation and the O zoning with the Office land use designation. Either zonin category selected would also have the "H", Historical Preservation overlay, zoning attached to it. The following paragraphs discuss the consistency of the proposal to change the zoning and land use of the site from the current residential categories to office categories with the General Plan: Land Use Element Section 2.6, Residential Land Protection, specifically Policy 2.6.2 says: Policy 2.6.2 Boundary Adjustments The City may adjust land-use boundaries in a way that would reduce land designated as residential, only if. A. A significant, long-term neighborhood or citywide need, which outweighs the preference to retain residential capacity, will be met, and; B. The need is best met at the proposed location and no comparable alternative exists. Conclusion: In modifying the land use designation of the site from a residential category to office, the proposal appears to be in conflict with this policy. Analysis: This policy discourages amendments to reduce the amount of residentially-designated propertie unless there is a significant public benefit to be achieved, and there is no comparable alternative site available to accomplish project goals. The applicant's statement indicates that all of the buildings on the tw sites will initially be retained for residential uses, except for a portion of the main house at 963 Broad Street. While the proposed office zoning and land use allow residential uses, there is not a long-terrr guarantee that existing residential uses would be retained at the site with approval of the requeste amendments. It appears that Criterion B. above,"no comparable alternative", could not be met since othe- properties existin the O and C-C zones which allow mixed residential and office uses. 5 244 Mitigation Measure: To find the requested amendments consistent with Land Use Policy 2.6.2, the Planning Commission and City Council must find that there is evidence that the findings listed in the policy can be met. Section 3.3 Offices outlines the basic locational criteria for different types of office uses. Professional office zones have generally been established on the periphery of the Central Business District. The rationale behind this land use strategy is to locate offices near the governmental and retail center of downtown and provide a transition between more intensive commercial development and residential neighborhoods. Policy 3.3.2 B. specifically identifies the type of office appropriate on the periphery of downtown: • All types of office activities are appropriate in the Office district which surrounds the downtown commercial area, though offices needing very-large buildings or generating substantial traffic may not b appropriate in the area which provides a transition to residential neighborhoods. Conclusion: The proposed amendments can be found to be consistent with this policy, especially with the retention of the fire-damaged historical building at 963 Broad. The size of the properties do not len themselves to large-scale office development. • Policy 3.3.4 Building Conservation Historic or architecturally significant buildings located in the Offic districts should be conserved, not replaced. Conclusion: The applicants have indicated that it is their intent to repair the existing house at 963 Broad Street that was severely damaged by a fire so that it is restored faithfully to its historical context. If the amendments are supported, then commitment to this restoration, rather than the construction of a navy modern structure at the site, would be consistent with this policy. Housing Element t • Goal H 3.1.1: Housing Conservation. Conserve existing housing supply and prevent displacement o current occupants. • Policy H 3.2.2: Housing in Office, Commercial and Industrial Areas.The City shall discourage the conversion or elimination of existing housing in office, commercial and industrial areas. Conclusion: The proposed amendments to change the types of allowed uses at the site would be in conflict with this policy. Although the Office zoning allows residential uses, there is no long-term commitment for the retention of housing at the subject sites. See proposed mitigation measure at the end of this Housing Element policy consistency section. • Policy H 3.2.3. Rehabilitation of Older Dwellings. Since older dwellings can often be relocated and refurbished for considerably less cost than for a comparable new dwelling, and since older dwelling may offer spatial and material amenities unavailable in new dwellings, the City, in the interest of bot economic and housing variety, will encourage rehabilitating such dwellings, rather than demolition. • Policy H 3.2.6. Landmark and Historic Residential Buildings. The City shall preserve landmark and historic residential buildings. Conclusion: The house at 963 Broad Street is on the City's Master List of Historic Resources which acknowledges its historical importance to the community. Historically known as the Manderscheid House the structure sustained major fire damage on Saturday, November 16, 1996. Plans showing the rehabilitation of the house along with a small addition to the front of the building were approved by the 6 Z-83 Architectural Review Commission (ARC) on February 3, 1997. The plans approved by the ARC indicate that the house would be retained for use as a residence. The applicant indicates that the historic house will be rehabilitated in a manner consistent with the plan approved by the ARC if permission is obtained to use it as offices. With faithful historic restoration of the building, the proposed amendments would be partially consistent with the policy. However, the policies seem to infer that the buildings would continue to be used residentially. Program 3.3.2: No Net Housing Loss%Downtown. To maintain housing in residential/office portions of Downtown, the City will consider adopting a "no net housing loss" policy, requiring that housing units either be maintained, or, in the case of office conversion of existing housing, be replaced on site or nearby "Downtown"means the area bounded by Highway 101, the railroad tracks, and High Street. Conclusion: The project Js inconsistent with_this proposed program since there is not a long-term commitment to preserve on-site housing. Mitigation Measure: The project shall be modified to rezone the site O-S-H. The existing zoning regulations require the processing of an administrative use permit when a residence is converted into an office. However, the rezoning cannot be conditioned to require the retention of on-site housing. With the"S" overlay zone, the special consideration for the site can be documented to provide direction with the review of the use permi that on-site housing needs to be retained with the conversion of the historic house into an office. * Note: referenced goals and policies use the General Plan Digest numbering system and are different from numbering in the individual element. COMPATIBILITY WITH EXISTING LAND USES The establishment of office uses at the site will change the character of the property because of the nee for customer access and the requirement to provide on-site parking for both workers and customers. Give the relatively small sizes of the properties, their proximity to existing residential uses, and their location neo a busy street intersection, access and the layout of parking could be issues in terms of safety an aesthetics. Issues related to the physical changes that are necessary to convert the residential buildings on th properties from residences to offices are discussed in the following sections of this initial study: Water, Ai Quality, Transportation/Circulation, Noise, Aesthetics and Cultural Resources. 2. POPULATION AND HOUSING - Would the proposal: a) Cumulatively exceed official regional or local population projections? X b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area X or major infrastructure? c) Displace existing housing, especially affordable housing? X Unless all existing buildings on both properties were demolished and a very large office building constructe in their place, the project will not have a significant impact on local population projections. The project will affect the amount of housing available in the City. With incorporation of the mitigatio measure, suggested in Section 1 above to require retention of some long-term housing on-site, this impar would be minimized. 3. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: z-p4f a) Fault rupture? 3 X b) Seismic ground shaking? 4 X c) Seismic ground failure, including liquefaction? 4 X d) Seiche, tsunami, or volcanic hazard? X e) Landslides or mudflows? 4 X f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? X g) Subsidence of the land? X h) Expansive soils? X i) Unique geologic or physical features? 5 X There are no known faults on site or in the immediate vicinity. The site is in Seismic Zone 4, a seismical) active region of California, and strong ground shaking should be expected during the life of on-sit structures. Any new or significantly remodeled structures must be designed in compliance with seismic design criteria established in the Uniform Building Code. The site is shown on the Seismic Safety Element map as underlain with the Franciscan Formation, whit has a very high potential for landslides. The site is fairly flat with no unique geologic or physical features. soils engineering report specific to this site may be required with any application for future site redevelopment. Conclusion: Not significant. The project is amending City maps to change the allowed land uses at the site no specific site development plans have been submitted. However, there are no known geological or soil conditions that would make this site unsuitable for further development. 4. WATER. Would the proposal result in: aT Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? X b) Exposure of people or property to water related hazards such as flooding? X c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved X 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 direct additions or withdrawals, or through interception X 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 otherwise available for public water supplies? X Development of required parking will increase the amount of impervious surfaces on the site and decrease the ability for surface drainage to percolate effectively into the soil. Through the review of the require architectural review application, changes to drainage patterns can be adequately evaluated with the gradin and landscaping plans. 5. AIR QUALFTY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation (Compliance 6 X with APCD Environmental Guidelines)? b) Expose sensitive receptors to pollutants X 8 2 -9$ c) Alter air movement, moisture, or temperature, or cause any change in climate? X d) Create objectionable odors? X The project size is below the minimum threshold for APCD's significance criteria. In concept, the projec raises issues with the loss of housing on the fringe of downtown. However, if some on-site housing were provided, the project could be found to be consistent with mixed use design strategies to reduce trips. 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 curves or dangerous intersections) or incompatible uses X (e.g. farm equipment))? c) Inadequate emergency access or access to nearby uses? X 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 transportation (e.g. bus turnouts, bicycle racks)? X g) Rail, waterborne or air traffic impacts (e.g. compatibility with San Luis Obispo Co. X The project is amending City maps to change the allowed land uses at the site. No specific physica changes to the site are proposed at this time. However, future site development as offices will likely raise traffic issues with the development of on-site parking and the need to provide access to those spaces. Th development of parking may require the removal of significant vegetation and the relocation or demolition o existing buildings. The environmental review prepared for future development will need to evaluate thes potential impacts. 7. BIOLOGICAL RESOURCES. Would the proposal affect: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, X animals or birds)? b) Locally designated species (e.g. heritage trees)? X c) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? X d) Wetland habitat (e.g. marsh, riparian and vernal pool? I X e) Wildlife dispersal or migration corridors? I X The project is amending City maps to change the allowed land uses at the site. No specific physics changes to the site are proposed at this time. S. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? X b) Use non-renewable resources in a wasteful and inefficient manner? X c) Result in the loss of availability of a known mineral resource that would be of future value to the region X and the residents of the State? 9. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, X chemicals or radiation)? b) Possible interference with an emergency response plan or emergency evacuation plan? X c) The creation of any health hazard or potential health hazard? X 9 2 -9,46 d) Exposure of people to existing sources of potential health hazards? X e) Increased fire hazard in areas with flammable brush, grass or trees? X 10. NOISE. Would the proposal result in: a) Increase in existing noise levels? 7 X b) Exposure of people to "unacceptable" noise levels as defined by the San Luis Obispo General Plan Noise 7 X Element? The proposed land use change will not change ambient conditions, given the fact that offices and residentia uses are considered equally in terms of noise level exposure standards. The development of required parkin for offices on the site will result in increases in noise levels associated with cars using the site, mostly in daytime hours. With appropriate attention to buffering any on-site parking lot from the adjacent residentia property, this increase in noise levels could be insignificant. Mitigation Measure: Through the required environmental review and architectural review processes, specific site developmen plans shall be reviewed to evaluate parking lot development and landscaping plans for buffering an screening between the project site and adjoining lots. 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: aT Fire protection? X b) Police protection? X c) Schools? X d) Maintenance of public facilities, including roads? X e) Other governmental services? X 12. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a 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 facilities? X 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 The project is amending City maps to change the allowed land uses at the site. No specific physics changes to the site are proposed at this time. However, future site development as offices will likely raise aesthetic issues with rehabilitation of the historically significant structure that was fire-damaged, an demolitions of on-site buildings to accommodate further development and the need for the development o on-site parking. The development of parking may require the removal of significant vegetation and the relocation or demolition of existing buildings. The environmental review prepared for future developmen will need to evaluate these potential impacts. 14. CULTURAL RESOURCES. Would the proposal: 10 ?-97 a) Disturb paleontological resources? X b) Disturb archaeological resources? 8,9 X c) Affect historical resources? 8,9 X d) Have the potential to cause a physical change which would affect unique ethnic cultural values? X e) Restrict existing religious or sacred uses within the potential impact area? X Given the project's location directly across from the Mission, there is the potential for any excavation at the site to encounter historical or archaeological resources. For this reason, staff required the applicant t submit a Phase 1 archaeological study with the architectural review of plans to rehabilitate the fire-damage main house at 963 Broad Street (ARC 4-97). The referenced report by Clay Singer concludes that additiona historical research should be done. Although specific site development is not currently proposed, mitigation measure is recommended that the Phase 1 report be enhanced by this additional research and tha a limited Phase 2 study also be conducted for-the area of the site where any site disturbance or new footings would be necessary to accommodate future development plans. Mitigation Measure: With any site changes to accommodate offices, a thorough Archaeological Resources Inventory (ARI) shat be completed to supplement the preliminary Phase I report prepared by Clay Singer dated 1-8-97 (primarily additional historical research). In addition, a Subsurface Archaeological Resource Evaluation (SAKE) will b required for those areas of the site where extensive site disturbance or excavation are proposed. 15. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? X b) Affect existing recreational opportunities? X 16. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the 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, X 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. The applicant is requesting approval of a rezoning and general plan amendment. Neither of these request will result in any direct physical impact to the environment. As discussed above, the impacts of future development of the project site were preliminarily assessed. Future development of the properties with office uses is subject to California Environmental Quality Act requirements and will likely require further environmental review. b) Does the project have the potential to achieve short- term, to the disadvantage of long-term, environmental X goals? In this case, short- and long-term environmental goals are the same. c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a X project are considerable when viewed in connection with the effects of the past projects, the effects of other current projects, and the effects of probable future projects) Policies contained in the City's General Plan favor retention of properties that are residentially zoned, rathe than rezoning them for commercial uses. The Margaritaville Partners Rezoning approved by the City Council in July of 1996 was a similar type of rezoning request from residential to office use. That request was approved on the basis of retention of some residential uses on the converted property, the rehabilitatio of an important historic resource, and the current location of the applicant's well-established law busines on the adjacent property. The proposal was also able to expand an existing parking lot and utilize a existing driveway access, rather than introducing additional traffic into a residential neighborhood. The subject request, along with another similar land use change on the same review track (GP/R 46-97 1533 Phillips Lane) have the potential to set a precedent that will be viewed to be inconsistent with Genera Plan goals and policies. d) Does the project have environmental effects which will cause substantial adverse effects on human beings, X either directly or indirectly? The project is amending City maps to change the allowed land uses at the site. No specific physics changes to the site are proposed at this time. However, future site development as offices will likely raise various environmental issues as noted in this initial study. The environmental review prepared for futur development will need to evaluate these potential impacts. 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. Not applicable. 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. Not applicable. 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. Not applicable. 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; Sandstrom v. County of Mendocino, 202 Cal. App. 3d 295 (1988);Leonofff V. Monterey Board of Supervisors, 222 Cal. App. 3d 1337 (1990). 18. SOURCE REFERENCES 1. City of San Luis Obispo Land Use Element, April 1997. 2. City of San Luis Obispo Housing Element, September 1994. 3. San Luis Obispo Quadrangle Map, prepared by the State Geologist in compliance with the Alquist- Priolo Earthquake Fault Zoning Act, effective January 1, 1990. 4. Seismic Safety Element, July 1975. 5. City of San Luis Obispo Informational Atlas. 6. County of San Luis Obispo Air Pollution Control District CEQA Air Quality Handbook, August 1995. 7. City of San Luis Obispo Noise Element, Revised Hearing Draft, April 1996. 8. Preliminary Phase I report prepared by Clay Singer dated 1-8-97. 12 -y 9. City of San Luis Obispo Archaeological Resource Preservation Guidelines, October 1995. 19. MITIGATION MEASURES/MONITORING PROGRAM 1. Mitigation Measure: To find the requested amendments consistent with Land Use Policy 2.6.2, the Planning Commission and City Council must find that there is evidence that the findings listed in the policy can be met. Monitoring Program: The Planning Commission and City Council must determine that the proposed amendments are consistent with the LUE policy by finding: A. A significant, long-term neighborhood or citywide need, which outweighs the preference to retain residential capacity, will be met, and; B. The need.-is best met at the proposed location and no comparable alternative exists. 2. Mitigation Measure: The project shall be modified to rezone the site O-S-H. The existing zoning regulations require the processing of an administrative use permit when a residence is converted into an office. However, the rezoning cannot be conditioned to require the retention of on-site housing. With the "S" overlay zone, the special consideration for the site can be documented to provide direction with the review of the use permit that on-site housing needs to be retained with the conversion of the historic house into an office. Monitoring Program: The Planning Commission and the City Council will consider the appropriate zoning category to be applied to the site through the public hearing proces, where the subject project is considered. 3. Mitigation Measure: Through the required environmental review and architectural review processes, specific site development plans shall be reviewed to evaluate parking lot development and landscaping plans for buffering and screening between the project site and adjoining lots. Monitoring Program: Parking lot development and landscaping plans shall be reviewed and monitored during architectural review and building permit plan check. 4. Mitigation Measure: With any site changes to accommodate offices, a thorough Archaeological Resources Inventory (ARI) shall be completed to supplement the preliminary Phase I report prepared by Clay Singer dated 1-8-97 (primarily additional historical research). In addition, a Subsurface Archaeological Resource Evaluation (SAKE) will be required for those areas of the site where extensive site disturbance or excavation are proposed. Monitoring Program: The required ARI and SARE must accompany specific development plans submitted for any future site projects that involve excavation. The above mitigation measures are included in the project to mitigate potential adverse environmental impacts. Section 15070(b)(1) of the California Administrative Code requires the applicant to agree to the above mitigation measures before the proposed Mitigated Negative Declaration is released for public review. I hereby agree to the mitigation measures and monitoring program outlined above. Applicant Date 13 �+cO