HomeMy WebLinkAbout11/20/1990, 3 - ZONING AMENDMENT APPLICATION R 1494, A REQUEST TO AMEND THE ZONING REGULATIONS, SECTION 17.22.020, �'' „il'IIINIIIII�IIII r MEETING DATE:
city or san LuI s OBISPO _ -&0 - o
COUNCIL AGENDA REPORT ITEM NUMBER:
O
FROM: Arnold Jonas Community Development Director
PREPARED BY: Greg Smith, Associate Planner
SUBJECT: Zoning amendment application R 14-94, a request to amend the Zoning
Regulations, Section 17.22.020, Uses Allowed by Zone, to allow child day care
in the Service Commercial (C-S) and Industrial (M) zones subject to an
administrative use permit.
CAO RECOMMENDATION:
Pass to print the attached ordinance amending Zoning Regulations Section 17.22.020,
Uses Allowed by Zone, to allow child day care in the Service Commercial (C-S) and
Industrial (M) zones, subject to appropriate use permit requirements.
DISCUSSION:
Backp-round
This zoning amendment application is the first step in the applicant's plan to establish an
employee day care center for a business located in an M zone, which would be prohibited by
current regulations. The proposed amendment would apply to all C-S and M zoned property,
if approved.
The Planning Commission considered the amendment on October 24, 1990, and recommends
approval. Use permit review would be by the Planning Commission, rather than by the
Hearing Officer, pending development of comprehensive policy guidelines by the commission.
Minutes of the commission meeting are attached.
EVALUATION
The applicants propose an amendment to Section 17.22.010 of the city's Zoning Regulations,
to allow child day care centers in the Service Commercial and Industrial zones, subject to
approval of an administrative use permit. The applicant's statement in support of the request
is attached.
The applicants will file a use permit application for a day care center serving four infants and
21 preschool children at 2222 Beebee Street - in an industrial zone if the ordinance
amendment is approved. Specific plans for the proposed center have not been submitted, and
that project is not within the scope of this staff report.
Staff suggests the council evaluate the following factors in determining whether to approve
the proposed amendment.
1. Service Commercial/Light Industrial Land Use Policies
The city's Zoning Regulations include the following statement regarding the purpose of the
Service Commercial (C-S) zone:
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R 1494
Page 2
"The C-S zone is intended to provide for storage, transportation and wholesaling as well
as certain retail sales and business services which may be less appropriate in the city's
other commercial zones."
Regarding the Industrial (M) zone:
"The M zone is intended to provide for assembly and fabrication activities in addition
to those permitted in the C-S zone, and for limited sales and services - primarily those
not directly related to local consumers."
Specific uses typical of those allowed in the C-S and M zones include auto sales and repair,
light manufacturing, printing and publishing, dry cleaning plants, and athletic and health clubs.
(Some of these uses require use permit approval.)
These policies imply that uses which might interfere with the normal operations of service
commercial/light industrial uses should be excluded from those zones.
Similar issues have been raised in recent amendments to the Zoning Regulations which have
allowed offices in the C-S and M zones (subject to PD rezoning), and have allowed churches
in the C-S zone, subject to an administrative use permit with special findings.
At the Planning Commission Hearing, staff recommended a policy similar to the one adopted
for churches. Provisions similar to Footnote 1$ on the chart of allowed uses could be adopted:
"Use permit review shall consider that the C-S zone is primarily .intended to
accommodate uses not generally suited to other commercial zones because of noise,
truck traffic, visual impacts and similar factors. A use permit may be approved only
when the church [or day care center] will not likely cause unreasonable compatibility
problems with existing or likely future service commercial uses in the vicinity. Use
permit conditions may include measures to mitigate incompatibility."
The Planning Commission recommends that the administrative use permit requirement and
footnote language not be adopted. Instead, use permit review should be at the commission
level, pending development of performance standards which would address policy isues such
as suitable locations, types and sizes of centers allowed, etc. The commission anticipates
developing those policies in conjunction with review of the first use permit application. -A
further amendment at that time might include specific standards, and delegate use permit
review responsibility to the Administrative Hearing level.
The applicant continues to request approval of administrative-level use permit requirements.
2. Daycare and Elder Care Policies
The Planning Commission draft of proposed revisions to the Land Use Element include policies
encouraging "opportunities for elder care and child care within the city'; indicating that
employers should contribute to provision of such care; and stating that care facilities should be
allowed and/or required within large commercial and industrial developments.
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1 R 1494
Page 3
3. Other Issues
The applicant apparently envisions a limited number of centers associated with large employers,
serving children of on-site employees only. If the council concurs that this type of operation
is the only kind which should be approved, it may be appropriate to consider whether some or
all of the following provisions should be incorporated into the Zoning Regulations at this time:
- Specific standards for safety and compatibility. Staff would note that the state licenses
day care centers. One of their requirements is that an evacuation and emergency care
plan be provided. City Fire Department staff judges that the hazard to children is not
significant on sites such as Blake Printing, where the center would be in a separate
building on a large site, with relatively low fire or toxic hazard associated with business
operations.
- Provisions requiring that the center serve only children of persons employed on the
site. In other words, a day care center on the site of the Blake Printing Company could
only care for children of the company's current employees. Such a policy could have
certain advantages: traffic would be reduced; it would be possible to minimize conflicts
between operation of the day care center and the business; and the scale of the center
would be limited to some extent. Possible drawbacks: the policy would be difficult to
enforce; it might be difficult to maintain a steady number of children to keep a center
in operation for any length of time; most businesses do not have enough employees or
space to make an on-site day care center feasible.
-Other property development standards. Special requirements such as minimum lot size
(or minimum number of employees in the main business), maximum floor area, etc.,
could be developed. Staff would note that on-site centers caring for employees' children
could take advantage of parking reduction provisions already included in the Zoning
Regulations. Staff would also note that state regulations govern floor area required per
child, outdoor play areas, etc.
ALTERNATIVES
The council may approve or deny the zoning amendment. If the council approves the
amendment, direction may be given regarding any specific policies or standards (such as
Footnote No. 15) to be included in the amendment.
The council may also consider directing staff to report on other approaches to day care
regulations:
- Eliminate use permit requirements altogether. On-site daycare facilities for children
of employees only could be handled as an "accessory use".
- Include provisions for day care centers in C-C (Central Commercial) and C-T (Tourist
Commercial) zones, thus making it possible to establish centers in all zones except
C/OS (Conservation/Open Space).
CONCURRENCES
As noted above, the Planning Commission recommends approval. Fire Department staff
3 - 3
R 1494
Page 4
believes that safety concerns can be addressed on certain sites, and does not oppose the
amendment.
FISCAL IMPACT
No significant impact on city costs or revenues will occur.
RECOMMENDATION
Staff recommends the council approve Zoning Regulations amendment R 1494, allowing day
care centers in the C-S and M zones, subject to approval of a use permit (either administrative
or Planning Commission, as determined appropriate).
Attachments: Draft Ordinance (PC Use Permit Required)
Draft Resolution - Denial
Applicants' Statement
Commission Minutes
Initial Study ER 25-90
gtsd:r1494cc.wp
3 �
C'
ORDINANCE NO. (1990 SERIES)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
AMENDING SECTION 17.22.020 OF THE ZONING REGULATIONS
TO ALLOW CHILD DAY CARE CENTERS IN THE SERVICE COMMERCIAL (C-S)
AND M (INDUSTRIAL) ZONES (APPLICATION R 1494)
WHEREAS,the Planning Commission conducted a public hearing on application
No. R 1494 on October 24, 1990, and recommended approval of the application; and
WHEREAS, the City Council has considered the testimony and statements of the
applicant, and other interested parties, and the records of the Planning Commission hearing
and action, and the evaluation and recommendation of staff;
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. The council approves application No. R 1494, thereby amending Section
17.22.020 of the Zoning Regulations to allow child day care centers in the Service Commercial
(C-S) and Industrial (M) zones, subject to approval of a use permit by the Planning
Commission, based on the following findings:
SECTION 2. Finding5.
1. The amendment to the Zoning Regulations is consistent with the Land Use Element of
the General Plan.
2. The amendment will not result in inappropriate patterns of land uses.
3. The amendment will not have a significant adverse impact on the environment, and the
negative declaration filed by the Community Development.Director is hereby approved.
SECTION 3. This ordinance, together with the names of council members voting for
and against, shall be published once in full, at least five (5) days prior to its final passage, in
the Telegram-Tribune, a newspaper published and circulated in this city. This ordinance shall
go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis
Obispo at its meeting held on the day of , 1990, on motion of
seconded by , and on the following roll call vote:
AYES:
NOES:
ABSENT:
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R 1494
Page 6
Ordinance No. (1990 Series)
R 1494
Page 2
Mayor
ATTEST:
City Clerk
APPROVED:
P
City A muustra ' e Officer
r y
Community Devel ent Director
RESOLUTION NO. (1990 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING APPLICATION NO. R 1494, A PROPOSAL TO AMEND
SECTION 17.22.020 OF THE ZONING REGULATIONS TO ALLOW CHILD DAY CARE
CENTERS IN THE SERVICE COMMERCIAL (C-S) AND INDUSTRIAL (M) ZONES
WHEREAS, the Planning Commission conducted a public hearing on application
No. R 1494 on October 24, 1990, and recommended approval of the application; and
WHEREAS, the City Council has considered the testimony and statements of the
applicant, and other interested parties, and the records of the Planning Commission hearing
and action, and the evaluation and recommendation of staff;
NOW, THEREFORE, the council resolves to deny application No. R 1494
C based on the following findings:
` SECTION 1. Findings.
1. The proposed amendment would not be consistent with policies of the General Plan
Land Use Element and provisions of the Zoning Regulations which provide for mutually
compatible uses in the C-S and M zones.
2. The establishment of child day care centers in the C-S and M zones could adversely
affect the health, safety and welfare of persons using those facilities.
On motion of , .seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
Gthe foregoing resolution was passed and adopted this day of , 1990.
Mayor � �
R 1494 �'�
Page 8
Resolution No. , 1990 Series
Page 2
ATTEST:
City Clerk
APPROVED:
*CiAdmEstratife Officer
O
o y
Community Develo nt Director
3. Quality daycare for infant through 5-1/2-year-old .is a critical need for employees.
Employers often find that employees who have secured daycare in which they have
confidence, are more productive, less stressed, and experience higher levels of job
satisfaction.
The Graphic Center Companies Employees Daycare Center will provide consistent and
convenient care for four infants and 21 preschool-aged youth. All licensing, staff, and
program supervision will be conducted by the San Luis Obispo County YMCA. Input
from parents and employer will be encouraged. This type of center allows for parental
enhancement of typical daycare goals. Close proximity to the parents reduces anxiety
for both child and parent.
The Center will provide daycare Monday through Friday, 7:00 a.m. to 6:00 p.m. It will
be licensed by the Department of Social Services, be conducted within the standards
of the SLO County YMCA and be housed in a new portable unit specifically designed
for the participants. Staff/ratios, training, program curriculum,and ongoing evaluations
will be monitored to ensure quality. Age-appropriate curriculum; learning, and other
experiences will fill a daycare need with this unique YMCA and employer partnership.
The draft revised Land Use Element identifies child care as a serious need in our
C i community. The new LUE specifically encourages new employers to contribute to the
provision of child care (policy 3.24) and that child care should be allowed in centers
of employment (policy 3.25). Our proposal would help advance these policies.
Furthermore, the new LUE draft generally encourages needed services near
employment to reduce traffic. This, in turn, helps reduce air quality and improves
neighborhood quality. Child care facilities conveniently located for workers in the city
directly addresses these policies.
The General Plan encourages a quality community that meets the needs of people with
a variety of incomes and all ages. Convenient child care helps achieve that goal. The
General Plan also envisions a compact city with related services provided in close
proximity to one another to reduce traffic. Again, quality child care located near
centers of employment furthers this end.
The service commercial section of the LUE states that the land designated for this
purpose should be evaluated periodically and adjusted to meet "the realistic needs
. . . of the city based on changes in the work force . . ." Clearly,in today's community,
where there are more single parents and/or where both parents frequently must work,
quality, affordable child care is a need of our current work force. Allowing day care
in these areas, reviewed on a case-by-case basis to ensure compatibility, is a good
C' example of how this zone can meet today's realistic needs.
3 'y
R-1 12 3 R-3 fi-1 GOS U" PF JC-N. C-C C-R C-T C-S DI
Table 9-Uses Allowed by Zone
Retail sales and rental-autos,trucks, D A PC
motorcycles,RV's
Retail sales-auto parts and accessories D A A PC
except tires and batteries as principal use
A A PC
Retail sales-tires-and batteries
Retail sales and rental-boats,aircraft, A PC
mobile homes
Retail sales-groceries,liquor and
specialized foods (bakery,meats,dairy A A A PC D
items,etc.)
Retail sales-general merchandise(drug;
hardware,discount,department and
variety stores)
-15,000 square feet or less gross floor A A A PC
area per establishment
- 15,001 to 60,000 square feet gross floor PC A A PC
area per establishment
more than 60,000 square feet gross PC D PC
floor area per establishment
Retail sales and rental-specialties (shoe
stores,clothing stores,book/record/
videotape stores,tov stores,stationery As A A
stores,gift shops
Schools
-Nursery schools,child day care PC PC D D
A D D D
-Elementary,junior high,high schools; D D
schools for disabled/handicapped PC PC D D
D
-Colleges/universities
-Business,trade,recreational;or other PC AID A D D5
specialized schools
-Boarding schools and academies PC PC
Secretarial and related services(court
reporting,stenography,typing,telephone A A/D A D
answering;etc)
D D D A A
Service stations(see Section 17.08.030)
PC PC D PC PC '
Skating rinks
A-Allowed D-Directoes approval required Pc-Pianningcommission approval required A/D-Directors approval on ground floor,allowed above
'Me director shall determine if a proposed,unlisted hue is similar to a listed use.Numbered notes are at end of than.
47 7 . 17)
C
Clty of San tuts OB1SPO
1►�►����►illllliilllli'�alilii�i INITIAL STUDY OF ENVIRONMENTAL IMPACT
SITE LOCATION -S APPLICATION 0.
PR CT DESCRIPT N
APPLICANT
EC
STOMMENDATION
NEGATIVE DECLARATION MITIGATION INCLUDED
EXPANDED IN; AL STUDY REOUIRED ENVIRONMENTAL IMPACT REPORT R OUIRED
PREPARED BYPQ DATE
COMMUNITY DEVELOPMENT DIRECTOR'S ACTION: DATE
C
SUMMARY OF INITIAL STUDY FINDINGS
L DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING
IL POTENTIAL IMPACT REVIEW PO SIBLE ADVER Fy EFFECTS
A. COMMUNITY PLANS AND GOALS....................................................
S. POPULATION DISTRIBUTION AND GROWTH.........,..................................
C. LAND USE ..:................................................................
D. TRANSPORTATION AND CIRCULATION .....................................
E. PUBLIC SERVICES ......._.........._..............................................
F. UTILITIES.......................:..................................................
• G. NOISE LEVELS ...........................................................
H. GEOLOGIC d SEISMIC HAZARDS 6 TOPOGRAPHIC MODIFICATIONS ....................
I. AIR QUALITY AND WIND CONDITIONS............................................. Mee
J. SURFACE WATER FLOW AND QUALITY ..........._...................................
KPLANT LIFE......................:........:........................................
LANIMAL LIFE....::...............................................................
GM. ARCHAEOLOGICALIHISTORICAL ........................................:..........: -
N. AESTHETIC ......................................................................
0. ENERGY/RESOURCE USE .......................................................... .
P. OTHER ............................................................................
III.STAFF RECOMMENDATION
ER 25-90
Page 2
I. Description of Project and Environmental Setting
The project consists of amendment to the city's Zoning Regulations
to allow child day care centers in the Service Commercial and
Industrial zones, subject to approval of a use permit.
The applicants will file a use permit application for a day care
center serving four infants and 21 preschool children at 2222
Beebee Street - in an industrial zone - if the ordinance amendment
is approved. Specific plans for the proposed center have not been
submitted, and the environmental effects of a center at that
specific site are not within the scope of this initial study.
It is not possible to forecast how many day care centers may be
located in the two zones if the proposed amendment is approved.
That will depend on the number of applications filed, and on the
judgement of the Administrative Hearing Officer or Planning
Commission in reviewing site suitability on a case-by-case basis.
II. Potential. Impact Review
A. Community Plans and Goals
The city's Zoning Regulations include the following statement 1
regarding the purpose of the Service Commercial (C-S) zone: �J
"The C-S zone is intended to provide for storage,
transportation and wholesaling as well as certain retail sales
and business services which may be less appropriate in the
city's other commercial zones. "
Regarding the Industrial (M) zone:
"The M zone is intended to provide for assembly and
fabrication activities in addition to those permitted in the
C-S zone, and for limited sales and services - primarily those
not directly related to local consumers."
Specific uses typical of those all in the C-S zone include auto
sales and repair, light manufacturing, printing and publishing,
dry cleaning plants, and athletic and health clubs. (Some of these
uses require. use permit approval. )
Many of the same uses are allowed in the M zone, although retail
sales are office-type uses are generally prohibited.
The Planning Commission draft of proposed revisions to the Land Use
Element include policies encouraging "opportunities for elder care
and child care within the city"; indicating that employers should
contribute to provision of such care; and stating that care j
facilities should be allowed and/or required within large -
commercial and industrial developments.
Evaluation:
C' ER 25-90
Page 3
The proposed amendment is consistent with the proposed Land Use
Element policy. That policy and the. amendment are consistent with
the intent of the existing Zoning Regulations (and the adopted Land
Use Element) if specific day care facility proposals are carefully
screened on a case-by-case basis to ensure that (1) the facility
would not be exposed to hazards or nuisances such as noise or
odors, and (2) that the facility would not generate complaints
which might unreasonably limit operations of existing or future C-
S operations on nearby, sites.
Mitigation:
The use permit requirement included in the proposed amendment will
ensure that centers will not be established in locations where they
will be incompatible with existing or future C-S or M uses.
C. Land Use
Refer to discussion in section A above.
D. Transportation and Circulation
CParents and children walking to and from day care facilities in C-
S and M zones would be exposed to more large truck traffic than
would normally be the case in other zones where day care facilities
are currently allowed.
Evaluation:
It does not appear that the magnitude of hazard from vehicle-
pedestrian accidents would be significantly greater than would
occur when crossing high-volume arterial streets in other zones.
No significant adverse effect on pedestrian safety will occur,
particularly since safety issues will be evaluated on a site-by-
site basis through the use permit review process.
G. Noise Levels
The city's Noise Control Regulations establish a basic standard of
70 dBA (not be exceeded for more than thirty minutes in any hour)
for the C-S zone, and 75 decibels for the M zone. This level of
noise is judged to be normally unacceptable for school or similar
uses, according to standards in the city's Noise Element. (For
reference, note that areas close to freeways are exposed to noise
levels in the 65 to 75 dBA range) .
Special building techniques would be necessary to meet the Noise
C. Element's indoor noise standard of 45 dBA, -and noise barriers might .
be needed to bring outdoor recreation areas within the noise level
judged to be normally acceptable.
Evaluation:
ER 25-90 \
Page 4
Maximum noise levels allowed by the Noise Control Regulations in
the C-S zone will not cause physical harm. Intermittent exposure.
to allowed outside levels as might occur during outdoor play
periods - could lead to some degree of stress.
Actual noise levels will be somewhat less than the maximum allowed
in most C-S locations.
Mitigation:
Action by the city to approve a use permit application must include
a finding that the use will not be detrimental to the health,
safety or welfare of persons living or working at the site or in
the vicinity. Provisions of the General Plan must be considered,
including the provisions of the Noise Element. This mandatory
provision of the Zoning Regulations will ensure that no significant
adverse effect occurs:
III. Staff Recommendation
The project will not cause significant adverse effects. A negative
declaration should be approved.
/ I