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HomeMy WebLinkAbout02/06/1990, 4 - CONSIDERATION OF THE RECOMMENDATION OF THE PLANNING COMMISSION TO: A. AMEND GENERAL PLAN LAND USE M aty of sa►n Us owpo "' 9rIE: COLRYCXL AGENMA Rio FROM: Arnold Jonas, Community Development Director, By: Greg Smith, Associate Planne� . 1 SUBJECT. Consideration of the recommendation of the Planning Commission to: A Amend General Plan Land Use Map and Official Zone Map designation of a city-owned parcel at the east corner of Nipomo and Monterey Streets from "Office - Historical Preservation" to "Public Facility - Historical Preservation" (GP/R 1461). B. Amend the text of the Zoning Regulations to permit theaters in the Public Facility zone, subject to approval of a use permit by the Planning Commission. CAO RECOMMENDATION: A. Adopt a resolution amending the General Plan Land Use Map for a city. owned parcel at the east corner of Nipomo and Monterey Streets from Office to Public Facility. B. Introduce to print an ordinance rezoning the parcel from Office - Historical Preservation (O-H) to Public Facility - Historical Preservation (PF-H); and amending Section 1722.010 of the Zoning Regulations to permit nonprofit theaters in the PF zone, subject to approval of a use permit by the Planning Commission. C. Approve the mitigated negative declaration prepared by the Community Development Director for the project. DISCUSSION: The City of San Luis Obispo proposes to rezone a city-owned parcel from "Office" zoning to 'Public Facility" zoning, and to amend the text of the Zoning Regulations to permit non-profit theaters in the PF zone subject to approval of a use permit. The council initially proposed C-C-H zoning, but the Planning Commission and staff are recommending rezoning to PF-H for reasons noted below. SIGNIFICANT IMPACTS: E A mitigated negative declaration has been approved by the Director for this project. The rezoning may have an effect on the market value of the city-owned . parcel and nearby parcels, but it is not clear what the magnitude of these effects might be. �I/ GP/R 1461 Page 2 CONSEQUENCES OF NOT TAKING THE RECOMMENDED ACTION i If the parcel is not rezoned, any future use will have to comply with "Office" zone regulations. This would preclude both the children's museum and little theater uses. DATA SUMMARY Address: 1010 Nipomo Street Applicant: City of San Luis Obispo Current Zoning: O-H Current General Plan: Office - Mission Plaza Area Proposed Zoning: PF-H Proposed General Plan: Public Facility - Mission Plaza Area Environmental Review Status: Mitigated negative declaration approved by Director on January 24, 1990. SITE DESCRIPTION The site is a 13,000-square-foot parcel with 109 feet of frontage on Nipomo Street and 81 feet of frontage on Monterey Street. The channel of San Luis Obispo Creek crosses the rear of the lot, and much of the channel and associated riparian vegetation is located on the site. A 2,000-square-foot, one-story stucco and wood frame structure is located on the site. The structure was most recently used for a transmission repair shop, and is now vacant. EVALUATION The city acquired this parcel a number of years ago as part of a potential site for a new library. More recently, the council has made preliminary plans to lease the site to the San Luis Obispo Little Theater group, to develop a small theater for use by that group and other community groups. That project will require separate environmental studies, review of plans by the Architectural Review Commission and a Planning Commission use permit. The council also initiated a General Plan amendment and rezoning for the site. The council initially prpoposed rezoning to "Central Commercial (C-C)", but the Planning Commission and staff are recommending a "Public Facility (PF)" designation for reasons noted below. The existing "Historical Preservation" overlay zone would remain in effect While the plans for the theater are being prepared and reviewed, the city anticipates that. the building will be used for a children's museum. The initial study for this General Plan Amendment and rezoning includes an assessment of the environmental impacts of the museum, but that project will also involve a Planning Commission use permit *rgl GP/R 1461 Page 3 Staff suggests the council focus on the issues noted below in reviewing the proposed changes. 1. General Plan Policies The General Plan Land Use Map designates this site for office use, consistent with the designation for both sides of the street in this block of Monterey Street. The site is included within the boundaries of the "Mission Plaza" area delineated on the map, which includes "cultural activities and compatible public, residential and commercial areas besides the Plaza itself". The site adjoins properties fronting on Nipomo and Ifiguera Streets which are designated for Retail Commercial uses; the creek is the boundary between the two categories. The Planning Commission's current study draft of the revised General Plan Land Use Map shows the same pattern of land uses in this block as does the adopted map. The text of the Land Use Element states that "[c]ommunity entertainment facilities such as theaters should be located in appropriate areas of the central business district and CMadonna Plaza ..". The Goals For Downtown - a policy resolution adopted by the city in October 1979 to augment policies in the Land Use Element - includes the following relevant policies: - "The cultural area [part of an area designated "Civic Center/Cultural Center, and including the project site, the General Plan "Mission Plaza" area, and several other downtown blocks] should be enlarged to allow new buildings and the expansion of existing ones. Property along Monterey and Palm Streets between Chorro and Nipomo is a logical area for new public buildings" [Note that the "logical area" includes the project site.] - 'The city should consider expanding the existing county museum and city Art Center, and building a performing arts center (including a theater with 400 to 600 seats) within the cultural center area." - "Construction plans for the extension of Mission Plaza between Nipomo and Broad Streets should be completed and the project built." The Land Use Element calls for use of office districts "to provide a transition between the heavily used central downtown core and surrounding residential neighborhoods." The Land Use Map amendment and rezoning are consistent with these and other relevant community plans and goals, in staffs judgement. The proposed text amendment _ is also consistent, assuming that the policies regarding entertainment uses in the downtown are not ignored for a future theater proposal in a PF zone outside the 4-5 GP/R 1461 ' Page 4 downtown/Mission Plaza area. 2. Change in IRm of Uses Allowed The range of conforming uses in the PF zone which might be established on the site would be limited; refer to the attached summary. Note that many of the uses permitted in the PF zone are not feasible because of the site's small size. Of the various uses which might be feasible, only 'Public Assembly Facilities (community meeting rooms...)" and the proposed addition of 'Non-profit Theaters" might be considered more intensive than those currently permitted under current Office zoning. Residential uses - allowed in the O zone - would be prohibited under P-F. Government offices would require a use permit under either designation, but private sector offices would be prohibited under PF. 3 Land Use Patterns an bilitt with Surrounding Uses As shown on the vicinity map, the project site is surrounded by a variety of land uses, including approximately 40 residential units within 300 feet. The residential uses are substantially in conformance with city general plan policies and zoning regulations, and the Land Use and Housing Elements of the General Plan encourage preservation of housing in the downtown and surrounding office areas. The interim museum use will not conflict with the existing residences, although other future uses under either the current or proposed zoning might Careful review of development proposals by the Planning Commission will mitigate potential conflicts to some extent. The proposed rezoning may be viewed by some as a precedent affecting land use patterns by influencing "upzoning" along Nipomo and/or Monterey Streets. The requirement of the "PF" zone that a use permit be approved for any future uses on the site, combined with the limited range of uses permitted and the fact that the rezoning applies to a small, city-owned parcel, preclude citing this project as a plausible precedent for land use changes to nearby, privately-owned property. Additionally, any future change in the use of the parcel - including the theater project - will require additional environmental studies and public hearings. 4. Rezoning Alternative As noted above, the council originally proposed C-C zoning for the site. In recommending PF zoning, staff and the commission considered the following factors: • Theaters are allowed in the C-C zone, but not in PF. GP/R 1461 Page 5 • Parking requirements are lower in the C-C zone, and payment of in-lieu fees to meet parking requirements is permitted. • A theater in this location is consistent with General Plan policies under either C-C or PF zoning. • PF zoning will be less likely to be considered as a precedent for other rezoning proposals. • PF zoning will allow a more narrow range of uses than C-C, with less potential for conflict with residential uses. • Uses allowed in PF zones can be amended concurrently with zone map. • Parking requirements for the future theater can be met through off-site parking provisions in its use permit, or through a future amendment of zoning text, if necessary. 5. Other Issues The site is subject to flooding; any new construction will require flood-proofing. Some contamination of the site by dumping of petroleum products by the previous owner may be present, and some site cleanup may be required with future construction. These issues are addressed in more detail in the attached initial study. OTHER DEPARTMENT COMMENTS Comments of Public Works and Fire Department staff are noted under Other Issues, above. ALTERNATIVES The council may rezone the site to PFK or another appropriate zone, or may decide not to rezone the property. The council may also continue the rezoning, with direction to staff regarding additional information needed Continuance may affect processing of this project with other concurrent General Plan amendments, and would delay the interim children's museum project. // 1 GP/R 1461 Page 6 RECONMMNDATION A Adopt a resolution amending the General Plan Land Use Map for a city- owned parcel at the east comer of Nipomo and Monterey Streets from Office to Public Facility. B. Introduce to print an ordinance rezoning the parcel from Office - Historical Preservation (O-H) to Public Facility - Historical Preservation (PF-H); and amending Section 172ZO10 of the Zoning Regulations to permit non-profit theaters in the PF zone, subject to approval of a use permit by the Planning Commission. C. Approve the mitigated negative declaration prepared by the Community Development Director for the project. Attachments: Draft Resolution - General Plan Amendment Draft Ordinance - Zoning Map and Regulations Vicinity Map Land Use Map Land Use Element Policies Goals for Downtown Policies Initial Study ER 02-90 Draft Planning Commission Minutes. gtsd:GP1461CC.WP f .. i� C J RESOLUTION NO. (1990 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE LAND USE MAP OF THE GENERAL PLAN FROM OFFICE TO PUBLIC FACILITY FOR A CITY-OWNED PARCEL LOCATED AT 1010 NIPOMO STREET (GP/R 1461) WHEREAS, the Planning Commission conducted a public hearing on General Plan Amendment GP/R 1461, on January 10, 1990, and recommended the council approve the application; and WHEREAS, the council conducted a public hearing on February 6, 1990; and WHEREAS, the council has considered the testimony of interested parties, and the records of Planning Commission hearing and its recommendation, and the evaluation and recommendation of staff; and C WHEREAS, the proposed amendment to the General Plan will not be detrimental to the health, safety or welfare of persons living or working in the vicinity; and WHEREAS, the proposed amendment to the Land Use Map is consistent with the policies of the various General Plan elements; and WHEREAS, the proposed land use designation is appropriate at that location and will be compatible with surrounding land uses. NOW, THEREFORE, the council resolves to approve General Plan Amendment GP/R 1461, changing the General Plan Land Use Map designation from Office to Public Facility for a city-owned parcel located at 1010 Nipomo Street, as shown on attached Exhibit "A" and incorporated herein by reference. Resolution No. (1990 Series) GP/R 1461 Page 8 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 1990. Mayor ATTEST: City Clerk J APPROVED: City A ministrati e Officer Ci Atern 1 � Community Deve o ment Director �'U RESOLUTION NO. (1990 SF S) EXHIBIT A I V C ' A J i `• 1 �L � t♦ U'I v �� r r v V``, y pu`♦, `yam�'� {L�� ♦ u �<�'� OYyVd'�1fil' �➢t %atAL ~ •�� o FYg-0� D ! ti 16.9 Cluo Alto It e Y hF2 E T0 p 1 4 `"fit tih° y UBLIO10 O '- 2 •`'e1'1 � ~ 'e ,� �g�;!•- � ` icy. S � �`;��' C/ ,♦ *Cf"ftwrs.s�r r. Vu` Vu • LAS Zr V� ps y � y� ORDINANCE NO. (1990 SERIES) AN ORDINANCE OF THE COUNCIL OF THE CITY OF F SAN LUIS OBISPO REZONING A CITY-OWNED PARCEL LOCATED AT 1010 NIPOMO STREET FROM OFFICE - HISTORIC PRESERVATION (O-H) TO PUBLIC FACILITY - HISTORIC PRESERVATION (PF-H); AND AMENDING THE ZONING REGULATIONS TO ALLOW NON-PROFIT THEATERS INTHE PF ZONE, SUBJECT TO APPROVAL OF A USE PERMIT BY THE PLANNING COMMISSION (GP/R 1461) WHEREAS, the Planning Commission conducted a public hearing on Zoning Amendment GP/R 1461, on January 10; 1990, and recommended the council approve the application; and WHEREAS, the council conducted a public hearing on February 6, 1990; and WHEREAS, the council has. considered the testimony of interested parties, and the records of Planning Commission hearing and its recommendation, and the evaluation and recommendation of staff, and WHEREAS, the proposed rezoning and amendment to the Zoning Regulations will not be detrimental to the health, safety or welfare of persons living or working in the vicinity; and WHEREAS, the proposed rezoning and amendment to the Zoning Regulations is consistent with the policies of the various General Plan elements; and WHEREAS, the proposed rezoning is appropriate at that location and will be compatible with surrounding land uses. NOW, THEREFORE, BE IT ORDAINED BY THE Council of the City of San Luis Obispo as follows: SECTION 1. That the area shown on the map attached hereto marked Exhibit "A" and included herein by reference, be reclassified from O-H to PF-H. SECTION 2. That Section 17.22.010 of the Zoning Regulations be amended to allow non-profit theaters in the PF zone, as shown on the attached Exhibit 'B", and included herein by reference. SECTION 3. After review and consideration, the determination of the Community Development Director to approve a mitigated negative declaration is approved. �/6 Ordinance No. (1990 Series) GP/R 1461 6 Page 10 On motion of . seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing ordinance was passed and adopted this day of 1990. Mayor ATTEST: City Clerk APPROVED: v City Ad ministrative Officer i t r Community Devel ent Director BX MIT q 11 J v Z v 3 µ � h' Fy r PFr5"Y` toll s', �yle vim•`' ob '�' low 11 � � � �• "'��� cue• .0`J''�•. � r'/ ,✓ /R 146 _ "y i�•.SPc hoOaH t0 1 _ ,t . cc 1 No Or L8 0 Noma ••� 4y 4 r ordinance No. (1990 Series) MMISIT S Section 17.22.010 Uses allowed by sones Table 9 Uses Allowed by Zone A-1 R-2 R-3 R-4 C/OS O" PF C-N C-R C-T C-S M Theaters (see Chapter 5.40, PC1(..PCµ D D Adult Entertainment Estab.) Notes: 16. In the PF zone, only non-profit theaters are permitted. y-/3 ice / / y PF • • 2 4 Vb �' 4L t" e`,' P �� $33 I•, l x�.. �� V� fat 6 -0' S. C4� Ah H ;o�•�`qnc o Sg �, d�c`t,sl o 1461low . Flbo ty � V 9• y° �� ,y 4 L J � _ '� ��► K•t sa w�eis ' ue` j•V•� ♦�per. �` .1�' "�i�� . �� 'c kir �;i .t T.. :t..• ���` ,�-.ttb�_j �e4.aµ^P.P`:♦♦tttt'.� Inv n:'' go pt a a`"� -Y i a{; .D=1 R:� .{S,p7•.Y-..:aT.+;-CCL 07. Z•r. - �..,... 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Y ...♦ h.. =�•a 7,.,`moi N. low 'ice Y• a'. r. - w - r N 444 _ «�•u°°e° 0000000eo '�i�y i �+�`�' ��.i/���yC7•`�ti, ` —............ 0000 `� J� � � +�•k•!«.. ti* IF ._� f3_ a :: •V �,�.,.,�•.y ���if. !�" •• � 1 J 01: � ��.i�yaj •W+.•:+7.�1).Zy:J:• t%• ; `4' .0� ) ` �•�,0 y'� 000�w.w. ;,: :1,�.,-L..~'N'.1J'�`�`�•:+• �,1�'� � ��. — —'— pee iOOOOp ep or �'4i. .:•;;• .f '911 SO 't1 LLLLL:.. o°oo° oae -y. „yi•,.e�y3d •v�.j T4.. .Y { .n/•t��a�J+� ::«:• 0000 .J..•.•. y in L.�I'V. ,l'•fvJ, a��jj .1 e ;p, ,�e � .� .Y;{d��j?.Y�M•�'%,�i�'4+Ur?'�;.ssi�t �„7viLJa �°o°oeeoeoe ��,�a�s� •M _ ) •� W�W �'•,�M' ' � •�v•.}•_.,y V`?.!rjti .oeo 'G ♦ poo u• _• 'r a,/Y,l SNf '♦:. 4'.f. .LI'h,.I. '. i ky.il; goo o _ a•• u V>1. �vG�.1 •v„ J Yjy ..ff�'i�. i pptwo so ppy.. 00000 O `:.:'.•.::: �^v%: '-•fL' � 1�� e �oopeoo ...::::•..:. 1�� �� �r` �yV. I _ W 0p�00000000 00 •:�� :.• y_�••. ,�. l _ •°° eases �:7al.4Y.�_.V 4li ..4 , •�.*+T`�.V•r::` r _ 1' r •J 4 L OpOpOO�4A ... .. :: :..• N.7.� .J �Vr�.t.�• •` •'� C' "underdeveloped" and/or committed commercial districts, avoiding intrusions into stable residential areas. 4. The city reaffirms its support of the central business district as an historic architecturally unique and economically essential part of the community. The city will promote the economic stability of the central business district. To assure its stability, other major areas in the city will not be rezoned for retail commercial use until a downtown parking program has been adopted by the city. The city will take an active role in encouraging the retention and expansion of county courts and administrationlacill ties in the downtown. 5. The central business district shall remain the principal location for the greatest variety of comparison retail commercial activities in San Luis Obispo. 6. The city encourages a whole range of comparison shopping in the central business district and at Madonna Road. Additional retail space at Madonna Road should augment the existing shopping facilities. Development may be phased but would include a nordiscaint department store and related shops which can intercept expenditures of county residents who now shop out of the county. Any new facilities shall be master planned to relate as closely as practical with the existing Madonna Road Plaza Center. Additional space in the central business district should reinforce the role of downtown as a, regional shopping area, while also serving the needs of- the community. 7. Existing service commercial uses (for example, automobile sales and service facilities) , both north and south of the central business district, should be replaced with more intensive "shopping goods" facilities to centrally serve the expanding needs of the community. Conversion should be programmed in an orderly manner as a part of the Central Area Specific Plan. 8. Community entertainment facilities such as theaters should be located in appropriate areas of the central business district and Madonna Plaza, should supplement existing night-life activities, and should be excluded from neighborhood, community or service commercial locations. 9. In all cases new retail facilities shall be responsible for providing automobile parking space by construction on-site parking, paying in-lieu fees and/or participating in special assessment districts or public parking authority areas which could develop and maintain off-site public parking. 17 Leri CCSB �� f 1 ' -- lc city should give a high priority to improving streets throughout the city that will help relieve downtown traffic congestion. A Cultural Center: Cultural facilities also help bolster the downtown economy. The 0 d Mission, Mission Plaza, the County Historical Museum and the Art Center attract many tourists and are heavily. used by county residents. Stores along Mission Plaza also help create an enjoyable environment. -- The city should work with. county government to prepare a master plan for cultural facilities -- a cultural center -- in the downtown. -- The cultural area should be enlarged to allow new buildings and the expansion of existing ones. Pro- perty along Monterey and Palm streets between Chorro and Nipomo is a logical area for new public buildings. -- Within the cultural center area, the city should buy land for a new central library and related parking. The city should use its "library fund" to help purchase the prop- erty, while the county should pay for the construction of the new library building. The old library on Palm Street could be converted to government offices. -- The city also should consider expanding the existing county museum and city Art Center, and building a performing arts center (including a theater with 400 to 600 seats) within the cultural center area. -- Construction plans for the extension of Mission Plaza be- tween Nipomo and Broad Streets should be completed and the project built. -- As new buildings are constructed along San Luis Creek south of Nipomo Street, the city should make sure enouvh land is reserved to allow creekside public walkways and landscaping to extend Mission Plaza. PART III —DOWNTOWN PARKING There are about 4,300 parking spaces in the downtown. Unlike most California cities, almost 43% of these are parallel spaces along downtown streets. Public parking lots account for about 16%. The. rest are privately owned and maintained. Finding an empty parking space can be a problem if you're trying to shop, work, or live in the downtown. As the city grows , more and more cars are using the area 's streets and filling up curb-side spaces and public parking lots. Trying to find a spot right in front of the store where you want to shop is almost impossible. In the heart of 6 li � � 5� t�>t � £L _ �... Z O o ~ n cn T1 m V� e Z Z _ En ........H ..r .... . : .......H.t.. . ............. 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'15 ObtlON]� �tiiii� •iiiiii ii. ��l I •i••�� �'� iiiiiii itt••H iii ♦•.� _ �` :?M1iv:: l:::::: ;: ::`.r..�. .Ls Oki u ov at• •t.Htt tt. .I oa vow• u. : iii iiiiii• ••. �• aH Ho•H au "T t<�' iiiHuut uH• �r Dour �1S�SC'aO.Z � +'c •.. ..at.•. r • 1 u. ouoa i to : '\ • .l u• .iiio• r 1 / u• DoH• .•..�:'. �:?vi of uuu• � • �• `•;}:F: Hao/ .��. ME C x3ilk Ni� DI • . .0 • 1'3:{"•,•:CF!(ilii"•fj+i+;:;:. n�:�:::�::'> aµ:; n D .• n•aaa O.• D ... . . /n::::.�i.vS• D i::i•:;:%:'•; ',>}}ji;8} Ot?� w1 m' • •,t•st r• � rj{.;:::T:{1.::'.n •r,C�.{lfi'. Z.v.,.:..,•" 5' J 2 a• rn' 2`^?'t:1:}ti'i � Nv:';i :, mow. ^ � T • ,� N".: ••' yxr�i'S::4a'i H H H • t � y y City of san luis OBlspo Iq►Iilllllllllil l;Iljill►►i�l�lli�i a INITIAL STUDY OF ENVIRONMENTAL IMPACT SITE LOCATION APPLICATION NO. Q PROJECT DESC FnO A PLICANT STAFF RECOMMENDA it X—NEGATIVE DECLARATION MITIGATION INCLUDED EXPANDED INITIAL STUDY REQUIRED ENVIRONMENTAL IMPACT REPORT REQUIRED PREPARED BY DATE ,1 COMMUNITY DEVELOPM DIRECTOR'S ACTION: DATE ACi1Gis W SUMMARY OF INITIAL STUDY FINDINGS I.DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING IL POTENTIAL IMPACT REVIEW POSSIBLE ADVERSE EFFECTS A. COMMUNITY PIANS AND GOALS ............................:......................... Q B. POPULATION DISTRIBUTION AND GROWTH...........:........................:........ C. LAND USE ...............................__........................_............... D. TRANSPORTATION AND CIRCULATION ................................................. E. PUBLIC SERVICES ..................._............. ............................... F. UTILITIES.............................:.............................:............. G. NOISE LEVELS .........................._........................................ H. GEOLOGIC d SEISMIC HAZARDS&TOPOGRAPHIC MODIFICATIONS ...................... 1. AIR 0UALI7Y AND WIND CONDITIONS.......................................... L j J. SURFACE WATER FLOW AND QUALITY ....,........................................... K PLANT LIFE.---...._.............._........._...._...........:.....:......_..:..... L. ANIMAL LIFE....................................._..........._...................... - M. ARCHAEOLOGICJILIHISTORICAL .....................................,.............. N. AESTHETIC ..........................................._................_ ...... _. O. ENERGY/RESOURCEUSE ........................................................... P. OTHER .._...........................:............................................. 1 III.STAFF RECOMMENDATION *SEE ATTACHED REPORT seas ER 02-90 Page 2 C' I. DESCRIPTION OF -PROJECT AND ENVIRONMENTAL SETTING A Project Description The City of San Luis Obispo proposes to rezone a city-owned parcel from "Office" zoning to "Public Facilities" zoning, and amend the zoning Regulations to allow theaters in the PF zone. The rezoning also involves amendment of the General Plan Land Use Map. The existing structure on the site would be used for a period of one to three years as a children's museum. During this time., the city anticipates leasing the property to a private non-profit theater group (San Luis Obispo Little Theater or "SLOLT") for the purpose of constructing a performing arts theater, and the museum use would terminate when and if construction begins. This initial study addresses the environmental effects of the land use map amendment and rezoning, and interim museum use. It does not attempt to address effects of the redevelopment and use of the site for a theater, since plans for that project are not complete enough to permit meaningful evaluation. A separate initial study will be prepared for that project when plans are complete. B. Environmental Setting The site is a 13,000-square-foot parcel with 109 feet of frontage on Nipomo Street and 81 feet of frontage on Monterey Street. The channel of San Luis Obispo Creek crosses the rear of the lot, and much of the channel and associated riparian vegetation is located on the site. A 2,000-square-foot, one-story stucco and wood frame structure is located on the site. The structure was most recently used for a transmission repair shop, and is now vacant. II. POTENTIAL IMPACT REVIEW' A. Community Plans and Goals The General Plan Land Use Map designates this site for office use, consistent with the designation for both sides of the street in this block of Monterey Street. The site is included within the boundaries of the "Mission Plaza", which includes "cultural activities and compatible public, residential and commercial areas besides the Plaza itself", as noted on the map. The. site adjoins properties fronting on Nipomo and Higuera Streets C- ER 02-90 Page 3 which are designated for Retail. Commercial. uses; the creek is the boundary between the two categories. The Goals For Downtown - a policy resolution adopted by the city in October 1979 to augment policies in the Land Use Element - includes the following relevant policies: "The cultural area [part of an area designated "Civic Center/Cultural Center, and including the project site, the General Plan "Mission Plaza" area, and several other downtown blocks] should .be enlarged to allow new buildings and the expansion of existing ones. , Property along Monterey and Palm Streets between Chorro and ipomo is a logical area for new public buildings." [Note that the "logical area" includes the project site. ] - "The city should consider expanding the existingcounty museum and city Art Center, and building a performing arts center (including a theater with 400 to 600 seats) within the cultural center area. " - "Construction plans for the extension of Mission Plaza between Nipomo and Broad Streets should be completed and the project built." The Land Use Element calls for use of office districts "to provide a transition between the heavily used central downtown core and surrounding residential neighborhoods. n The Land Use Map amendment, rezoning, and children's museum are consistent with these and other relevant community plans and goals. C. Land Use As indicated on the attached exhibit, the project site is surrounded by a variety of land uses, including approximately 40 residential units within 300 feet. The residential uses are substantially in conformance with city general plan policies and zoning regulations, and the Land Use and Housing Elements of the General Plan encourage preservation of housing in the downtown and surrounding office areas. It is clear that the change in use addressed by this project (rezoning and museum) will have little or no impact on these residential uses; refer to sections below regarding circulation and noise. However, if the rezoning is viewed as a precedent influencing further changes to land use - either for rezoning to C-C on nearby privately-owned property, or as a precedent favoring approval of the future theater project on the site - it would be appropriate to prepare an expanded initial study to address �' ER 02-90 Page 4 potential cumulative noise and traffic impacts on the existing residential uses. Mitigation: Staff concludes that the project description incorporates adequate mitigation. The requirement of the '°PF" zone that a use permit . be approved for any future uses on the site, combined with the limited range of uses permitted and the fact that the rezoning applies to a small, city-owned parcel, preclude citing this project as a plausible precedent for land use changes to other nearby property. Additionally, any future change in the use of the parcel - including the theater project —will require additional environmental studies and public hearings. D. " Transportation and Circulation The proposed project (rezoning and museum) is unlikely to generate significant additional traffic or parking demand over that of the previous use. Peak hours are likely to shift to weekends, and possibly early evenings, when traffic levels and parking demand from other downtown uses are lower. G. Noise Levels it is unlikely that the project. will generate significant noise impacts. Weekday noise levels will be less than the previous use. Evening and Saturday noise levels may be slightly higher, but are unlikely to noticeably exceed background noise levels in the neighborhood generated by traffic and other nearby uses. Noise levels on Sunday mornings may be slightly higher than background noise levels. Mitigation: Staff does not consider the possible increase in Sunday noise levels to constitute a significant adverse effect, and no formal mitigation requirement is warranted. Staff would note that city Anti-noise Ordinance requirements will provide some mitigation of potential impacts, and the Planning Commission may wish to adopt a limit on hours of operation as a condition of approving the museum's use permit application. J. Surface Water Flow and Quality The site is subject to flooding under 100-year design storm conditions. The depth of flooding is relatively shallow, and is not judged to constitute a hazard to occupants of the structure. Mitigation: Flood gates should be installed at building openings to prevent significant damage to contents of the structure. X. L. Plant and Animal Life Use of the outdoor areas of the site by humans will likely y-a 3 ER 02-90 Page 5 increase. Intrusion into the riparian vegetation in the creek channel is unlikely to constitute a significant effect for two reasons: vegetation at this point on the creek bank is very dense and thorny, and intrusion by domesticated and feral cats and other small animals has already occurred. M Archaeological/Historical It is not known if significant archaeological resources are present. Only a small portion will be affected by the museum project, however, and no portion will be disturbed to a depth of more than one foot. No significant impact will occur. N. Aesthetic The configuration of structures on the site will not be significantly altered. Changes to exterior painting, landscape and storage structures, etc. , will be evaluated by the city's Architectural Review Commission at public hearings. Mitigation: significant adverse effects will not occur, and no formal requirement for mitigation measures is appropriate. Staff would note that the city's ARC process will further reduce the likelihood of even non-significant adverse effects. P_. Toxics _ \ city staff is aware of dumping of petroleum products onto the ground and/or into an on-site storm drain discharging into the adjacent creek channel. The extent of contamination of soils and groundwater .is unknown, but a preliminary evaluation by Fire Department Hazardous materials staff indicates that it is unlikely that any threat is posed to occupants of the structure and grounds. Mitigation: An assessment of contamination of the structure and grounds shall be completed prior to issuance of any building permit for site or structural improvements. No permit shall be issued unless and until . the city Fire Department certifies that no significant hazard to the health or safety of the occupants, or to the general public, exists. IIL. STAFF RECOMMENDATION Staff recommends that the mitigation measures noted in section J and P above be incorporated into the project description to avoid the possibility of significant adverse impact due to possible toxic contamination and flooding of the site. gtsd:ER0290.wp draft P.C. Minutes January 100 1990 Page 2. C",irperson Duerk determ ned there was no one to speak to this item. Commr. Karleskint move to continue the item to a date uncertain. Commr. Crotser secon d the motion. VOTING: AYES - Co rs. Karleskint , Crotser.., Hoffman, Schmidt and Duerk . NOES - N e. ABSENT Commr. Kourakis. The motion passe . ---------------------------%------------ Item 3. Public Hearing: General Plan Amendment h RezoningGP PD 1461 . Consideration of emending the Land Use Element map and zoning map to change the designations from office, historical preservation (0-H) to central-commercial , historical preservation special considerations (C-C-H-S) ; 1010 Nipomo Street ; City of San Luis Obispo, applicant. Dave Moran discussed the General Plan update process and presented the staff report and discussed 'the intended use of the site was for the San L i Obispo Little Theatre. He recommended the commission recommend to council that they approve the General Plan amendment and rezoning. Staff discussed the P-F vs. C-C zoning and parking requirements. Commr. Schmidt felt a broader area should be included if a C-C rezoning was to be considered in accordance with the downtown plan concept . Chairperson Duerk opened the public hearing. Lisa Woske, PO Box 122, San Luis Obispo, Theatre Board Member, discussed the process of finding a permanent home for the theatre over the years , stating that Council and staff had been instrumental in determining the approved Memorandum of Agreement and asked that the commission support the theatre ' s efforts in leasing this site. Kathy Vargas, 642 Monterey, adjacent property owner, asked that her lot be considered for the •C-C zone change; - Rob hangerRob Strong, 1 Buena Vista, supported the city proposal and as a Children ' s Museum representative, urged that the commission support the proposed GPA/RE. Kelly Quiros, 877 Nipomo, #I , was concerned about ' the parking available in the area, considering the proposed theatre use. \`l draft P.C. Minutes January 10, 1990 Page 3. Russell Bunge, 877 Nipomo, was concerned about the C-C rezoning and the possible heavy commercial use in a residential area. He preferred the P-F zone designation and felt parking considerations needed to be addressed. Chairperson Duerk closed the public hearing. Commrs. Hoffman and Karleskint were concerned about the parking requirements for the theatre. Commr. Crotser felt a more comprehensive plan for the downtown was necessary and felt this was a piece-meal approach, although he supported the theatre use. Commr. Schmidt felt the zoning should be P-F with an S overlay and that non-profit theatres should be allowed through a zoning text change. He did_ not support the expansion of the C-C zone in this area. Chairperson Duerk agreed with Commr. Schmidt . Commr. Schmidt moved to recommend that council deny the C-C-H-S zoning request and approve a P-F-H-S zone designation with text . amendment to allow non-profit theatres in the PF zone. VOTING: AYES - Commrs. Schmidt , Duerk, Crotser, Hoffman and Karleskint . NOES - None. ABSENT - Commr. Kourskis. The motion passes. ---------------------------------------------------------- ----------.--- Item 4. Public Hearing: Genera Plan Amendment do RezoningGP/R 1468 Consideration of amend' g the Land Use Element map and zoning map to change the designs ons from service-commercial/Light industrial (M) to med um-high density residential (R-3) ; 145 South Street; Village Park applicant . Dave Moran presented the at f report and recommended the commission recommend to council that a amendments be approved. Commr. Schmidt was cancer ed with the high density and displacement of . mobile home residents. Chairperson Duerk opene the public hearing. Mike Multari, 641 Hig re, applicant ' s representative, discussed the request and the elim ' ation of the non-conforming status. He felt the motel was inappropri to in this location. He discussed the demolition of the motel and state that approximately 2/3 of the mobile homes would be retained, so those esidents would not be displaced .