HomeMy WebLinkAbout08/21/1990, 3 - PD 1476: APPEAL OF PLANNING COMMISSION'S DENIAL OF AN AMENDMENT TO AN APPROVED PLANNED DEVELOPMENT G
� �►�IIIIf�p ������I city of san Luis oBispo - a
WAsMs COUNCIL AGENDA REPORT REM NUMB
FROM: Arnold Jonas, Community Development Director Q�
BY: Judith Lautner, Associate Planner /
SUBJECT: PD 1476: Appeal of Planning Commission's denial of an
amendment to an approved planned development allowing large
offices, to allow government offices.
CAO RECOMMENDATION
Adopt a resolution denying the appeal and upholding the Planning
Commission's denial.
BACKGROUND
Situation
The City Council approved amendments to the general plan and zoning
regulations in March 1987, that allowed some large offices in the C-S and
M zones, with approval of a planned development rezoning. In December
1987 the council approved a planned development rezoning at the site,
allowing mixed uses, including large professional offices that met the
zoning regulations criteria.
On June 14, 1989, the Planning Commission approved a request to add
ambulance service and utility company offices to the list of uses allowed
at the site with approval of an administrative use permit, and denied a
request to allow government offices at the site. On July 11, 1990, the
Planning Commission denied a second request to allow government offices
at the site.
The Planning Commission acts on amendments to planned developments. The
applicants have appealed that decision.
Data summary
Address: 265 - 285 South Street
Applicants: John and Chuck French
Property owners: French Brothers Investments
Zoning: C-S-PD
General plan: Service commercial/light industrial
Environmental status: Negative declaration approved by the council for
rezoning in December 1987; Director has
determined the change is minor and no further
study is needed.
Project action deadline: None.
1
r.§� city of san lues obi spo
COUNCIL AGENDA REPORT
PD 1476
Page 2
Site description
The site contains four lots, under common ownership, containing 3.82
acres, with 283 feet of frontage on Bridge Street and 283 feet of
frontage on South Street. A city-approved common driveway and parking
agreement regulates access to the streets. Each block contains a
concrete block building (the center two buildings have a common wall) ,
and parking spaces. The site contains a variety of trees which were
planted at the time the property was developed.
Project description
The applicants want to amend a planned development plan for the site to
allow governmental offices, with approval of an administrative use
permit.
MALUATION
1. planned development uses. The Planned Development approval restricted the uses at
the site to a specific list of mixed uses. The list includes certain types of
professional offices, plus some of the other uses that are allowed or conditionally
allowed by the zoning regulations in the C-S zone. Government offices were
specifically excluded from that list.
In June, 1989, the applicants asked for an amendment to the planned development, to
allow utility companies, ambulance services, and government offices. The Planning
Commission, in reviewing the request, generally felt that allowing government
offices in this location would dilute the "tri-polar concept" and that the demand
for additional government office space did not seem immediate. The commission
therefore denied the request for government offices, while approving the other two
uses.
2. Tri-polar concept. According to the land use element (Public Facility Land Use
Objectives, p. 21) , most city and county offices are to be located according to the
city's "tri-polar" strategy:
City Hall will remain at its present location. County courts and legal and general
administrative functions (such as technical services, assessor, planning,
engineering, elections, board of supervisors staff, clerk) should remain and expand
as necessary in the downtown. County hospital and health department should remain
and if necessary expand on county property on Johnson Avenue.
County Welfare (Social Service Department), the California Employment Development
Department, and eventually Social Security should relocate to a consolidated social
services center on South Niguera Street near Prado Road. Probation should be:
located near courts or near the sheriff's facility. The ,juvenile facility should
be located near the existing county sheriff's facilities. (page 21, LUE)
city of San WIS OBISpo
i
COUNCIL AGENDA REPORT
�- PD 1476
Page 3
The general plan land use element (LUE) does not specify where government offices,
unrelated to the three tripolar uses above, should locate. On June 3, 1990, the
City Council reviewed the above policy and voted to "reaffirm the tri-polar policy°
by requiring all government offices to locate in the three tri-polar areas, and by
stating an intent to define an expanded South Higuera-Prado Road pole when the
council considers this aspect of the upcoming Land Use Element update. (This action
is in contrast to the Planning Commission's recommendation, as part of its LUE
update review, to allow non-tripolar uses to locate elsewhere in the city.)
3. Parking. The site contains 148 automobile spaces, plus 24 motorcycle spaces, adding
up to a total of 151 equivalent spaces (motorcycle spaces in excess of the seven
required count as one auto space per five motorcycle) . The average ratio for the
project is one space per 393 square feet.
The additional allowed use should not affect significantly the available parking.
However, the uses that now occupy the site are more intense than C-S uses generally.
If uses continue to occupy the buildings at the current parking ratios, some floor
area will be required to remain vacant, unless additional approved parking can be
provided.
RECOMMENDATION
Adopt a resolution denying the appeal and upholding the Planning Commission's denial.
Attached:
Draft resolution and ordinance
Vicinity map
Applicant's appeal letter
r
O
RESOLUTION NO. (1990 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISP_ O
DENYING AN APPEAL OF THE PLANNING COMMISSION'S ACTION
DENYING AN AMENDMENT TO A PLANNED DEVELOPMENT TO ALLOW
GOVERNMENT OFFICES, ON SOUTH STREET, BETWEEN BEEBEE
STREET AND EXPOSITION DRIVE (PD 1476)
BE IT RESOLVED by the Council of the City of San Luis
Obispo as -follows:
SECTION 1. Findings. That this council, after
consideration of public testimony,. the application PD 1476, and
the Planning Commission's action, staff recommendations and reports
thereon, makes the following findings:
C1. The proposed amendment to the planned development is
inconsistent with the city's locational policies for
government offices.
SECTION 2, Action, That the Planned Development Rezoning
amendment PD 1476 be 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 , 1990.
Resolution No. (1990 Series)
PD 1476: 265 - 285 South Street
Page 2
Mayor
ATTEST:
City Clerk
APPROVED:
City Administrative Officer
Ci y A to ey
Community Dev )Opme' nt Director
A
ORDINANCE NO. (1990 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
APPROVING AN AMENDMENT TO PLANNED DEVELOPMENT
PD 1435-B, ALLOWING GOVERNMENT OFFICES AT
265-285 SOUTH STREET (PD 1476)
WHEREAS, the Planning Commission and the City Council have
held public hearings to consider amending the Zoning Regulations
in accordance with Section 65800 et. seq. of the Government Code,
and Chapter 17.62 of the Municipal Code; and
WHEREAS, the City Council finds that the proposed zoning is
consistent with general plan; and
WHEREAS, the proposed.. zoning promotes the public health,
safety, and general welfare; and
WHEREAS, the proposed zoning will not have a significant
effect on the environment.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
San Luis Obispo as follows:
SECTION 1. That the preliminary development plan (PD 1435)
is hereby amended by PD 1476, subject to the findings and
conditions:
Findings
1. The project will be compatible with existing and allowed land
uses in the area.
2. The project's location or access arrangements do not
significantly direct traffic to use local or collector streets
in residential areas.
3. The project will provide adequate mitigation to address
potential impacts related to noise, light and glare, and loss
of privacy, among others, imposed by commercial activities on
nearby residential areas, by using methods such as setbacks,
Olandscaping, berming, and fencing.
Ord. No. (1990 Series)
PD 1435-B �
Page 2
4. The project does not preclude industrial or service commercial
uses in areas especially suited for such uses when compared
with offices.
5. The project does not create a shortage of&S and 'M zoned land
available for service commercial or industrial development.
Conditions:
1. A maximum of 18,000 gross square feet of floor space in the
existing buildings on the site may be occupied by professional
office uses.
2. Except as otherwise noted in these conditions of approval,
all Zoning Regulations for the C-S zone shall apply.
3. More than one office tenant may occupy office space on the
site, but no single professional office tenant may occupy less
than 2500 square feet of adjacent, interconnected floor area.
4. The followingtypes of office-related uses are prohibited:
banks, real estate offices, financial institutions, medical
clinics, doctors offices, and lawyers offices.
5. Professional offices shall be limited to the locations shown
on the approved site and floor plans. Revisions to the
location of office uses may be made, subject to approval of
an administrative use permit, and with the written approval
of an owners' association representing owners of all
underlying lots. CC&R's creating the owners' association
shall be approved by the Community Development Director prior
to occupancy by the professional office uses. Alternatively,
the underlying lots may be combined to one parcel.
6. The following uses which are otherwise permitted in the C-S
zone are prohibited in this PD:
Ambulance dispatch services
Animal hospitals and boarding
Bars, taverns, etc.
Bus stations
Cabinet and carpentry shops
Contractor's yards
Laundry/dry cleaning
Service stations
Tire recapping
Trailer rental
Trucking/taxi service --
Corporation yards
s
O Ord. No. (1990 Series)
PD 1435-B
Page 3
7. The following uses which are otherwise permitted in the C-S
zone are only allowed in this PD subject to approval by an
administrative use permit:
Auto repair and related services
Building and landscape maintenance services
Carwash - self-service
Equipment rental
Exterminators and fumigators
Feed stores and farm supply sales
Goverment agencies not functionally related to general
government, 'social services, or healthcare
operations, as specified in the General Plan Land
Use Element Section C-4.
Printing and publishing
Repair services
Retail sales - building and landscape materials
Retail sales and rental-autos, trucks, motorcycles, RV's
Retail sales - auto parts and accessories
Retail sales - tires and batteries
Retail sales and rentals - boats, aircraft, mobile homes
Utility company administrative and engineering
operations, not including customer payment services.
Warehousing, ministorage, moving company
Wholesale and mailorder houses
S. No parking space, driveway, or backup aisle shall be
obstructed by loading or unloading of trucks between the hours
of 8 a.m. and 5 p.m. , Monday through Saturday.
SECTION 3. A summary of this ordinance, approved by the City
Attorney, together with the ayes and noes, shall be published at
least five (5) days prior to its final passage in the
Telegram-Tribune, a newspaper published and circulated in said
city, and the same shall go into effect at the expiration of thirty
(30) days after its said final passage. A copy of the full text
of this ordinance shall be on file in the office of the City Clerk
on and after the date following introduction and passage to print
and shall be available to any interested member of the public.
o
PD 1435-B - Page 4i
INTRODUCED by the Council of the City of San Luis Obispo, at
its meeting held on the day of
1987, on motion of
seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
APPROVED:
Citydministra ve O icer
/MO34e:Y
Community Develo nt Director
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city of sanluisom
oSP -
990
Palm Street/Post Office Boz 810o • San Luis Obispo, CA 93403.8100
APPEAL TO CITY COUNCIL
In accordance with the appeals procedure as authorized by Title I , Chapter
1 .20 of the San Luis Obispo Municipal Code, the undersigned hereby appeals
from the decision of Planning Commission rendered
on which decision consisted of the following (i.e.
set forth factual situation and the grounds for submitting this appeal .
Use additional sheets as needed) :
(See attached letter)
f
The undersigned discussed the decision being appealed from with:
on
Appellant:
John French
Name/Title
(RECEIVED
Representative
JUL 9 1"0 P.O. Box 1796 93406
oryIf y v,v.. Address
SAN 1 mAl OPMOO,CA
Phone
Original for City Clerk �.
c-� Copy to City Attorney --
Cal nd red fo 014/ Copy to City Administrative Officer
Cop�j_�o. ., Oe following department(s) :
9V
City Cler
s. i i
Post Office Box 17%•Sen Luis Obispo,Calitbmia 93406•(805)5442019
July 16, 1990
RECEIVE®
Pam Voges !' 9 1990
City CleWCity Hall
San Luis Obispo, Ca. 93401
SAN Wtg CA
Dear Pam:
We wish to appeal the Planning Commission denial of our request to allow limited
occupancy at Westwind Business Park by government offices. As I pointed out at the
hearing, there is a shortage of office space suitable for government offices, i.e., with
handicap access, no asbestos, seismically safe,etc. This shortage will remain for at least
three years- the time required to develop additional office space. Westwind is an ideal
location for certain government offices.
.Granting our request is not an abrogation.of the tri-polar concept. The City would be doing
something that is consistent with its general plan; government offices are allowed in a CS-
PD zone.
Allowing low public contact govemment.uses in Westwind is preferable to locating them in
O Walter Center and consuming space which could otherwise be used by high public contact
government users. Concerns about dispersion of the government offices throughout the
city could be mitigated by requiring a use permit which would regulate; the TYPE of
government agency, the LENGTH of lease, and AMOUNT of space that could be leased
to government offices.
Waiting for completion of the update of the general plan is not a solution., It will only delay
meeting a demonstrated public need for government office space. Ignoring this problem is
also not a solution. As the pressure for space increases, agencies will be forced to use their
status as a superior government to go where they want without the restrictions of a use
permit. Upholding the appeal would be a proactive response to the problem.
Currently only one privately owned non-office zoned property is allowed to house
government offices. ls.that spot zoning? Is thatmonopoly? Is that good public policy? Is
that fair?
Please convey to the Council my deep level of concern regarding this matter. As always,I
am anxious to work with you,and the council,for a better community.
Sincerely,
*Fren:ch4
JDF/maj
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