HomeMy WebLinkAbout12/11/2001, C6 - ADOPT ORDINANCE 1405 RELATIVE TO SIZE LIMITATIONS FOR LARGE-SCALE RETAIL USES; TA 29-01 I
council
j ac En as nEpoizt
CITY OF SAN LUIS OBISPO
FROM: John Mandeville, Community Develo ment Director
Prepared By: John Shoals, Associate Planner
SUBJECT: ADOPT ORDINANCE 1405 RELATIVE TO SIZE L 41TATIONS FOR
LARGE-SCALE RETAIL USES;TA 29-01
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Adopt Ordinance No. 1405 (2001 series). ❑ POLICE CHF
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DISCUSSION ❑ HR DIR
On December 4, 2001, the City Council voted 3-2 to introduce Ordinance No. 1405 (2001 series)
to amend the Zoning Regulations to set building size limits and a maximum parking requirement
for large-scale retail establishments in all commercial zoning districts and exempt existing large
retail stores from the size limitations. The building size limitations are: 45,000 square feet gross
floor area for buildings in the C-T (Tourist-Commercial) and C-N (Neighborhood-Commercial)
zones, and 60,000 square feet gross floor area for retail buildings in the C-C (Central-
Commercial), C-R (Retail-Commercial) and C-S (Service-Commercial) zones, with the
possibility of going up to 140,000 square feet in the C-C and C-R zones, if the retail building
meets community- and design-based performance standards. The ordinance also amends the
parking space requirements for general retail and retail-warehouse stores (Section 17.16.060 of
the Zoning Regulations). The new standard requires a minimum of 1 space per 300 square feet
for retail stores less than 45,000 square feet and a maximum of 1 space per 200 square feet for
retail stores over 45,000 square feet is size. Ordinance 1405 is now ready for final passage.
A summary of the ordinance, with the official Council vote, will be published at least five (5) days
prior to its final passage in the Tribune. The ordinance will go into effect at the expiration of thirty
(30)days after its final passage.
ATTACHMENT
1. Ordinance No. 1405
JShoaWCC/OrdinanceFinal(TA29-01)
ORDINANCE NO. 1405 (2001 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO AMENDING CHAPTER 17 OF THE CITY MUNICIPAL CODE
(ZONING REGULATIONS)TO ESTABLISH MAXIMUM BUILDING SIZE
AND MAXIMUM PARKING REQUIREMENTS FOR LARGE-SCALE
RETAIL ESTABLISHMENTS IN ALL COMMERCIAL ZONING
DISTRICTS AND TO EXEMPT EXISTING LARGE RETAIL
ESTABLISHMENTS FROM THE SIZE LIMITATIONS,TA 29-01
WHEREAS,the Planning Commission held public hearings on April 25,2001,
May 23,2001,July 11,2001 and October 10,2001,to consider Code amendments and
recommended amendments to Title 17 of the City Municipal Code(Zoning Regulations)to
establish a maximum building size for large-scale retail establishments(commercial buildings);and
WHEREAS,the City Council conducted public hearings on September 4, 2001,
November 6, 2001, November 20, 2001 and December 4, 2001, and has considered testimony of
interested parties, the records of the Planning Commission hearing and action, and the evaluation
and recommendation of staff, and
WHEREAS,the City Council has determined that it is necessary to amend relevant
sections of the Central-Commercial(GC),Retail-Commercial(C-R),Neighborhood-Commercial
(C-N),Tourist-Commercial(C-T)and the Commercial-Service(C-S)zoning designationsto limit
the size of large-scale retail establishments,to add performance standards related to the size limits,
and to set maximum parking requirements;and
WHEREAS, the purpose of the Zoning Ordinance of the City of San Luis Obispo is to
establish a precise and detailed plan for the use of land in the City,based on the General Plan;and
WHEREAS, the Zoning Ordinance establishes standards for the development and use of
property within the Commercial Zoning districts;and
WHEREAS, the City of San Luis Obispo has conducted an environmental review of the
adoption of an ordinance establishing procedures to limit the overall size of retail stores in the City
of San Luis Obispo,and has found that it can be seen with certainty that there is no possibility that
the proposed ordinance will have an effect on the environment and therefore is exempt from the
provisions of the California Environmental Quality Act,Public Resources Code Section 21000,et
seq.;and
WHEREAS,the Land Use Element of the General Plan of the City of San Luis Obispo,
adopted on August 1994,sets forth goals,policies and programs to: develop and maintain a
pleasant and harmonious environment;promote and enhance real property values;conserve the
C6 -C2,
City Council Ordinance NL, 1405 (2001 series) �J
Page 2
city's natural beauty;preserve and enhance its distinctive visual character,and insure the orderly
and harmonious development of the city with attention to site planning and exterior appearance of
public and private structures;and
WHEREAS,the size of large-scale retail buildings present unique challenges for local
government requiring a significantly higher commitment of police,fire and public safety resources
as opposed to smaller neighborhood stores;and
WHEREAS,it is the City's goal to reduce the physical impacts of large-scale retail
structures on the community.
NOW THEREFORE,BE IT ORDAINED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Environmental Determination. The City Council finds and determines that
the proposed amendment to the Zoning Regulations is exempt under State CEQA Guidelines
15061(b)(3), and reflects the independent judgment of the City Council.
SECTION 2. Findings. That this Council,after consideration of all the evidence makes
the following findings:
1. That the City of San Luis Obispo is a city with unique characteristics,ideal climate
conditions,spectacular natural vistas,and dynamic natural features.The proposed limits on
commercial building size are necessary to reduce the visual impacts associated with large
commercial buildings and to sustain and encourage development of commercial buildings
that are more compatible with San Luis Obispo's small town atmosphere.
2. That to protect the welfare of the community,it is the policy of the Council to protect,
maintain and enhance the social and economic values created by past and present
investments in the community by requiring all future development to respect these
traditions and require that all buildings and structures placed on the land respect the natural
land forms, and become a compatible part of the total community environment.
3. The proposed limits on commercial building size are consistent with the goals,policies and
programs of the General Plan,and are necessary and desirable to implement the provisions
of the General Plan. The retail size ordinance implements General Plan goals and policies
relating to environment,City form,community scale,commercial siting,building intensity
and viewshed protection.
4. The proposed limits on commercial building size will not adversely affect the public health,
safety,and welfare.
5. The potential environmental impacts of the proposed limits on commercial building size are
insignificant.
City Council Ordinance No. 1405 (2001 series)
Page 3
SECTION 3. Sections Amended: The following sections of Chapter 17 of the Municipal
Code are hereby amended as follows:
17.16.060 Parking Space Requirements is hereby amending to read as follows:
Retail sales-general merchandise(drug,discount, Minimum one space per 300 square feet gross floor area
department and variety stores) for stores less than 45,000 square feet.
For retail stores over 45,000 square feet,a maximum of
one space per 200 square feet gross floor area,with the
exception for more spaces if structured multi-level
parking is used.
Retail sales-Warehouse stores Minimum one space per 300 square feet gross floor area
for store less than 45,000 square feet.
For retail sales-warehouse stores over 45,000 square
feet,a maximum of one space per 200 square feet gross
floor area,with the exception for more spaces if
structured multi-level parking is used.
1738.020 (Neighborhood-Commercial)is hereby amended by adding"G"to read as follows:
G. Maximum Building Size:No retail establishment(commercial building)shall exceed 45,000
square feet of total gross floor area,unless excepted by section 17.16.035.
17.40.020(Retail-Commercial)is hereby amended by adding"G" and"H" to read as follows:
G. Maximum Building Size:No retail establishment(commercial building)shall exceed 60,000
square feet of gross floor area,unless excepted by subsection"H"and section 17.16.035.
H. A retail establishment may be allowed up to 140,000 square feet of gross floor area,if the
Planning Commission determines that it meets the following standards:
1. The proposed use will serve the community,in whole or in significant part,and the
nature of the use requires a larger size in order to function.
2. The building in which the use is to be located is designed in discrete-elements that
respect the scale of development in the surrounding area.
3. The new building is designed in compliance with the City's Design Guidelines for
Large-Scale Retail Projects.
City Council Ordinance Nu. 1405 (2001 series)
Page 4
17.42.020 (Central-Commercial)is hereby amended by adding"G"and"H" to read as follows:
G. Maximum Building Size:No retail establishment(commercial building)shall exceed 60,000
square feet of gross floor area,unless excepted by subsection H and section 17.16.035.
H. A retail establishment may be allowed up to 140,000 square feet of gross floor area,if the
Planning Commission determines that it meets the following standards:
1. The proposed use will serve the community,in whole or in significant part,and the
nature of the use requires a larger size in order to function.
2. The building in which the use is to be located is designed in discrete-elements that
respect the scale of development in the surrounding area.
3. The new building is designed in compliance with the City's Design Guidelines for
Large-Scale Retail Projects.
17.44.020(Tourist-Commercial)is hereby amended by adding"G"to read as follows:
G. Maximum Building Size:No retail establishment(commercial building)shall exceed 45,000
square feet of total gross floor area,unless excepted by section 17.16.035.
17.46.020(Servic-.-Commercial)is hereby amended by adding"G"to read as follows:
G. Maximum Building Size:No retail establishment(commercial building)shall exceed 60,000
square feet of gross floor area,unless excepted by Section 17.16.035.
i
City Council Ordinance Nu.-1405 (2001 series)
Page 5
17.22.010,Table 9-Uses Allowed by Zone is hereby wended to read as follows:
Table 9:Uses Allowed by R-1 R-2 R-3 R-4 ClOS O" PF C-N C-C C-R C-T C-S N
Zone
Retail Sales-convenience stores'-' A A A A D D
Retail sales-indoor sales of As A A A A
building materials and gardening
supplies(hardware,floor and wall
coverings,paint,glass stores)23
Retail sales-appliances,furniture. As A" A A A
musical instruments:data
processing equipment,business,
office and medical equipment
stores:catalog stores:sporting
goods,outdoor supply 23
Retail sales-groceries,liquor and A A A PC
specialized foods(bakery,meats,
dairy items,etc.)23
Retail sales-neighborhood grocery A A D
(See also Sec. 17.08.095)
Retail sales-gen'I merchandise'3
(drug,discount,department,and
variety stores)(See also Retail
sales-warehouse steres)
15,000 square feet or less gross
floor area per establishment A A A
-15,001 to 60,000 square feet gross
_ PC __ PC _ PC .. .
floor area per establishment
-more than 60,000 square feet PC PC
gross floor area per establishment
Retail sales and rental—specialties As A A
(shoe stores,clothing stores.
book/record/videotape stores,toy
stores,gift shops)23
Retail Sales-Warehouse stores 23
-45,000 square feet or less gross PC PC PC
floor area per establishment
-more than 45,000 square feet gross
floor area per establishment
PC PC PC
City Council Ordinance Nu. 1405 (2001 series)
Page 6
Notes:
23. Large-scale commercial buildings shall not exceed the retail size limits established for each
commercial zone district, see Sections 17.16.035, 17.38.020, 17.40.020,17.42.020, 17.44.020
and 17.46.020.
A large-scale retail commercial building is defined as the construction of a single structure
for the express purpose of accommodating one retail tenant on one parcel. Commercial uses
in different structures separated by a public right-of-way shall not be considered the same
building. When a large-scale commercial use is located within a multi-tenant building, the
retail tenant's space shall define the "building."
SECTION 4. The following section of Chapter 17 of the Municipal Code are hereby added
to read as follows:
17.16.035 Size limits on Large-Scale Retail Establishments
' A. Large-scale commercial buildings shall not exceed the retail size limits established for each
commercial zone, see Sections 17.16.035, 17.38.020, 17.40.020,17.42.020, 17.44.020 and
17.46.020.
B. Exceptions to Retail Building Size Limits
1. When an otherwise lawful retail establishment existed on the effective date of the size limits,
such structure shall be considered a development non-conformity but may be continued,
structurally altered,repaired or reconstructed so long as it is not increased,extended or enlarged
beyond the gross floor area of the building that existed on that date. To the extent practicable,
the design guidelines for large-scale retail projects shall be applied to any alteration,
reconstruction or repair that takes place after the effective date of the size limits.
SECTION 5. Summary. A summary of this ordinance,together with the names of Council
members voting for and against,shall be published at least five(5)days prior to its final passage,in
the Tribune,a newspaper published and circulated in this City. This ordinance shall go into effect
at the expiration of thirty(3 0)days after its final passage.
C1� -7
City Council Ordinance Nv:1405 (2001 series)
Page 7
INTRODUCED on the 4th day of December,2001, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 11th day of December 2001, on the following roll
call vote:
AYES: Mayor Settle and Council members Ewan and Schwartz
NOES:Council members Marx and Mulholland
ABSENT:
Allen K. Settle,Mayor
ATTEST:
Lee Price,City Clerk
I=A O FORM:
Je y . J rge ,Ci ttorney Q
J Shoals/CC/Ordinance 1405(TA29-0 I Amended)