HomeMy WebLinkAbout03-05-2013 b1 south broad st corridor plancouncil .AI agEnOa REpoRt
!Meeting D.3-05-1 3
I¢em Number B 1
C I T Y O F S A N L U I S O B I S P O
FROM :Derek Johnson, Community Development Directo r
Prepared By :James David, Associate Planne r
SUBJECT :REINTRODUCE THE SOUTH BROAD STREET AREA PLAN .
RECOMMENDATIO N
As recommended by the Planning Commission, include the South Broad Street Area Plan in th e
preferred growth alternative of the Land Use and Circulation Element update .
REPORT-IN-BRIE F
The City's 1994 Land Use Element identifies the South Broad Street area as an Optional Use an d
Special Design Area that should have an area plan to encourage innovative design concepts tha t
help revitalize and beautify the area . It is also identified in the Housing Element as an are a
suitable for housing production to help meet the full range of community housing needs . Th e
effort to develop a plan for the area has been going on for six years, starting as a Major City Goa l
and subsequently supported through a Caltrans grant . The South Broad Street Area Plan (Are a
• Plan) implements General Plan policies with three primary tools : 1) a new land use vision, 2) a n
emphasis on higher-density infill housing and mixed-use, and 3) form-based codes . Goals ,
policies and standards in the Area Plan reflect extensive input from property owners, resident s
and citizens (Attachment 7, Outreach and Hearings).
The Planning Commission unanimously endorsed the Area Plan with recommended changes at a
November 2012 public hearing and recommended its inclusion in the Land Use and Circulatio n
Elements (LUCE) update . Many of the Area Plan concepts align with the grant objective s
outlined in the ongoing LUCE update . Potential impacts and mitigations associated wit h
developing the Area Plan need to be reviewed in the larger context of overall circulatio n
improvements and policy decisions that will occur through the LUCE update process . It is
recommended that Council direct staff to include the Area Plan in the preferred growt h
alternative of the LUCE update .
DISCUSSIO N
Planning for redevelopment and improvements in the South Broad Street area began in Fal l2006. The City received a Community-Based Transportation Planning Grant from the Californi a
Department of Transportation (CalTrans) to prepare a corridor plan addressing Broad Stree t
improvements, land use and circulation, architectural design and neighborhood character . The
Area Plan fulfills these objectives, and responds to the community's desire to addres s
connectivity between the east and west sides of Broad Street, and to preserve or enhance th e
area's desirable qualities ; mixed uses, diverse architecture, and historic buildings .
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South Broad Street Area Plan (2013)
Page 2
The Area Plan also implements General Plan policies for infill housing and mixed-us e
development, specifically:
1.Land Use Element Program 8 .3 identifies the South Broad Street corridor as a n
"Optional Use and Special Design Area" and calls for the preparation of an area plan t o
help revitalize and beautify the area, and
2.Housing Element Program 6 .12 identifies the South Broad Street area for possibl e
rezoning to encourage mixed-use development and higher density housing .
The goal of the Area Plan is to promote mixed-use and higher density development, whil e
improving safety, connectivity, transportation alternatives, and aesthetics . It uses a hybrid
approach of traditional zoning and form-based codes to establish :
1.A long-range community vision for growth in the South Broad Street area ,
2.A broader range of allowable land uses exclusive to the planning area ,
3.Development standards that address building forms as part of a larger streetscape, an d
4.Design guidelines with specific architectural styles that build on the area's histori c
character and sense of place .
Area Plan Developmen t
The Area Plan sets a 20-year time horizon for gradual redevelopment of the South Broad Stree t
area, mostly east of Broad Street and between Upham Street and Orcutt Road . It is the work
product of current and former staff, consultants, a community-based focus group, and multiple
advisory bodies . Focus group members were randomly selected by the City Clerk's office from a
pool of applicants . All members of the focus group were residents, property owners, or busines s
owners . The Area Plan reflects a great deal of community participation from public workshops ,
design charrettes, stakeholder meetings with area residents, property owners and businesses, an d
advisory body hearings . The public identified a need to address incomplete public infrastructure ,
parking lots in street yards, lack of connectivity, dilapidated buildings, and dominance of auto -
related land uses . In general, the community has supported the Area Plan's three primar y
objectives : a new land use vision, an emphasis on higher-density infill housing and mixed-use ,
and form-based codes (Attachment 1, Recent Public Comment Letter).
Area Plan Conten t
The Area Plan is divided into five key chapters :
1.Street types help define traffic patterns, modes, and land uses . They form the basis of th e
Area Plan's regulating plan .
2.Zoning establishes allowable land uses on a given parcel .
3.Development standards address site planning and building form .
4.Design guidelines provide appropriate architectural styles for the neighborhood .
5.Streetscape standards address the public right-of-way and design of publi c
improvements .
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South Broad Street Area Plan (2013)
Page 3
Each of these chapters are steps i n
the development process for th e
South Broad Street area . Parcel s
proposed for rezoning will follo w
this process (shown at left) upo n
redevelopment, and are subject to
Area Plan zoning and form-base d
codes . Parcels not proposed fo r
rezoning have either bee n
developed to full potential or are
already subject to a plannin g
entitlement ; therefore Area Pla n
zoning and development standard s
do not apply (Attachment 2, Parcel s
Targeted for Rezoning).
Details on the different street types ,
area-specific zoning, form-base d
development standards, design
guidelines and streetscape standard s
are included in the enclosed draft
Area Plan . Emphasis is placed o n
creating a "Main Street" alon g
Victoria Avenue with suitabl e
building forms and land uses that
promote walkability and vibrant neighborhood character . The distinction between regulation s
and standards in the South Broad Street Area Plan versus other specific and/or area plan s
adopted in the past is a focus on designing the public realm (streets, sidewalks, block patterns ,
street furniture, etc). Suitable land uses will follow provided they are allowed uses listed in th e
Area Plan zoning matrix .
Future Growt h
Over the next 20 years, the Area Plan calls for approximately 425 new dwellings and 880,00 0
square feet of commercial space . This projected density is consistent with the Airport Land Us e
Plan's (ALUP) density allowances . The Airport Land Use Commission has reviewed an d
endorsed the Area Plan.
Preliminary analysis of traffic impacts indicate that the proposed density may cause potentiall y
significant environmental impacts . If the Area Plan is included as part of a preferred growt h
alternative in the ongoing LUCE update, the environmental impacts will be analyze d
comprehensively with other potential land use changes in the LUCE Environmental Impac t
Report.
Area Plan Development Proces s
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South Broad Street Area Plan (2013)
Page 4
Relationship to the LUCE Updat e
The Area Plan implements General Plan policy by rezoning parcels to allow mixed-us e
development and higher-density infill housing close to Downtown and job centers, and providin g
a long-range plan implementing street connectivity and enhanced transit accessibility .
Area Plan concepts were presented at the LUCE visioning workshop (a .k .a . Future Fair) o n
December 12012 .The current draft was generally well received with mainly comments an d
questions . The Area Plan improvement that received the most support was the pedestrian an d
bicycle crossing over the railroad in the vicinity of Francis Street and Humbert Avenue, which
provides critical linkages to the Railroad Safety Trail . Some residents voiced concerns abou t
narrowing Broad Street with medians and whether this would impact traffic as well as busines s
visibility. Others supported the proposed median as a way to slow traffic and improve pedestria n
and bicycle safety .
Planning Commission Actio n
The Planning Commission has reviewed the draft Area Plan at multiple meetings since 2007, th e
most recent being November 28°i , 2012 . The Commission supports the current iteration of th e
Area Plan, and recommends that Council include it in the preferred growth alternative of th e
LUCE update . They also recommend the Council fund preparation of an infrastructure financin g
plan as part of the South Broad Street Area Plan (Attachment 4, PC Minutes 11/28/12).
Recent Public Inpu t
The City recently met with a group that included several business owners in the South Broa d
Street planning area . They raised concerns about the Area Plan's proposed rezoning, including :
I . Creation of nonconforming uses and impacts to the established employee bas e
2.Pushing businesses out, related relocation costs, and lack of Manufacturing-zone d
property in the Cit y
3.Compatibility issues between existing manufacturing and new residentia l
4.Change in development standards leading to extra process, time and cos t
Some business owners from this group also raised similar issues at a Planning Commissio n
hearing held in February, 2009 (Attachment 5, 2009 Planning Commission comment letter). Th e
following sections provide a brief overview of the Area Plan's proposed rezoning, and furthe r
analysis on each of the raised issues .
Proposed Rezoning
Historically, zoning in the South Broad planning area has been a mix of Service-Commercial (C -
S) and Manufacturing (M) zones . In the 1990s and 2000s, parts of the South Broad Street are a
were rezoned to Medium High Density Residential (R-3) to accommodate multifamil y
development. The Area Plan builds upon this residential focus while maintaining the area's
commercial roots by adding a Retail-Commercial (C-R) zone especially suited for mixed-use an d
live/work projects . The Area Plan also phases out the M zone since additional land better suite d
for manufacturing and industrial land uses is now part of the City in the vicinity of the airport .
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South Broad Street Area Plan (2013)
Page 5
Allowed uses under Area Plan C-R and C-S zoning are slightly different than the same zones i n
other parts of the City. The distinction is a renewed focus on a mixed-use environment.
Compatible residential and commercial land uses that typically require discretionary review ar e
allowed by right in the South Broad Street Area Zoning Plan . Other uses that may conflict wit h
residential neighborhoods will require additional review or are prohibited . These subtl e
differences help transition the area to more residentially-compatible land uses, and will shape th e
desired "Main Street" environment along Victoria Avenue over time .
1.Nonconforming uses and Employee bas e
The Area Plan proposes rezoning all property zoned M in the planning area to C-S or C-R . Any
existing land uses that were legally established prior to the rezone that are not allowed in the ne w
zoning district will be considered nonconforming uses, and will be regulated according to th e
Zoning Regulations (MC 17 .10):
1.A nonconforming use may be continued indefinitely .
2.Nonconforming uses can also be changed to other nonconforming uses upon approval o f
an administrative use permit .
3.Nonconforming uses that cease for a continuous period of six months shall los e
nonconforming status .
4.Nonconforming single-family dwellings may be continued without limitation, and i f
involuntarily damaged or destroyed, may be reconstructed or replaced .
5.A lot occupied by a nonconforming use may be further developed by the addition o f
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conforming uses and structures, subject to use permit approval .
The Area Plan does not require any existing businesses to relocate because they are protected b y
the nonconforming use provisions . As a result, the employees associated with those businesse s
may remain for as long as the business wishes to retain their services .
Planning Area Zoning (Existing and Proposed )
Zoning Classification Existin g
Zone
Parce l
Count
Existin g
Area (Acres)
Area Rezoned to
C-S '(Acres)
Area Rezoned to
C-R2 (Acres)
No Change
(Acres )
Community Commercial C-C 2 2 ---
Neighborhood C-N 32 9 ---
Service Commercial C-S 55 39 6 10 2 2
Manufacturing M 79 33 27 5 1 3
Office 0 3 1 ---
Public Facility PF 2 3 ---
Low Density Residential R-1 3 1 ---
Med . Density Residential R-2 41 7 ---
Med . High Density Res .R-3 91 14 ---
'Area Plan C-S (different than Citywide C-S )
2 Area Plan C-R (different than Citywide C-R )
a Area designated for new road s
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South Broad Street Area Plan (2013)
Page 6
Most of the land uses that are allowed in the M-zone are also allowed in the Area Plan's C-S
zone (Attachment 6, Changes to Allowed Land Uses). This scenario applies to M-zoned parcel s
surrounding McMillan Avenue and Duncan Road, and mid-block between Broad Street an d
Victoria Avenue . Approximately 70% of existing businesses on M-zoned property (excludin g
those parcels proposed for C-R) would be allowed under Area Plan's C-S zoning . Thes e
businesses would remain as conforming uses when the rezoning is implemented .
Land uses that are allowed under M-zoning, but prohibited under Area Plan C-S zonin g
(approximately 30%) are not as compatible with residential development (e .g. heavy
manufacturing, large recycling facilities, storage yard, petroleum product storage an d
distribution). This latter category of businesses would be considered nonconforming and allowe d
to remain indefinitely per the Zoning Regulations as discussed above .
The most significant zoning change will be for properties that are rezoned from M to C-R .
Industry, manufacturing, processing and wholesaling land uses are generally not allowed in th e
Area Plan's C-R zoning district . Parcels proposed for C-R line Victoria Avenue and Broa d
Street. The objective is to gradually transition Victoria Avenue to a "Main Street" environment ,
with retail, restaurants, mixed-use buildings, and other pedestrian-serving uses . The list of lan d
uses allowed in the C-R zone is considerably more diverse and abundant than what is appropriat e
for a C-S or M zone (e .g . general retail, multi-family dwellings, professional offices, hotel ,
theater, social service organizations, and residential care facilities).
2.Manufacturing Zoning in the City
Currently there are :
1.79 M-zoned parcels in the South Broad Street planning area totaling about 33 acres .
2.180 M-zoned parcels outside the South Broad planning area totaling about 212 acres .
a . Most of these parcels are along Sacramento Drive, and in the Airport Area of f
South Higuera Street.
As noted in the previous section, no businesses will be required to relocate as a result of th e
proposed zone changes . Many businesses on M-zoned property are also allowed in the C-S zone ,
and other businesses that do not fall into this category are protected by the Nonconforming Us e
regulations . As the area transitions over the next twenty years towards more residentiall y
compatible land uses, there will be some businesses that choose to voluntarily relocate . There is
evidence that this is already happening due to current market forces .
The heart of the City is growing and manufacturing businesses that used to be on the edge o f
town are now finding themselves in the expanding center. As land values rise, property owners
may make different choices regarding use of their properties or businesses may locate in area s
with similar uses . The Area Plan is the City's chance to guide this natural and primarily marke t
driven transition so that it happens in an orderly way instead of through piecemeal decisions .
3.Compatibility issues
There will be compatibility issues as residential uses are further introduced into the South Broa d
Street planning area . Service and manufacturing businesses sometimes operate during late hours
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South Broad Street Area Plan (2013)
Page 7
and can generate noise and odors that are objectionable to residents . However, this area is no t
unfamiliar with odd mixes of uses . The area developed with railroad worker housing in the earl y
1880's and is one of the City's oldest residential neighborhoods . Some of this housing exists o n
Victoria, Woodbridge, Caudill and other planning area streets .
Over time, the area transitioned to services and manufacturing uses, but retains pockets of olde r
residences along with newer residential developments such as the Villa Rosa condominiums an d
the Moylan Terrace housing project on Humbert Street . The Area Plan vision supports a healthy
mix of commercial and residential, including live-work units . Increased flexibility in commercia l
uses will also allow artisan type businesses to fabricate their wares and have a retail outlet for
them on the same property .
All commercial uses in the City are subject to the noise standards in the Municipal Code and th e
South Broad Street area is no exception . These noise standards allow for reasonable busines s
operations while still maintaining a comfortable residential environment . Furthermore ,
residential uses that are especially sensitive to noise and other impacts from commercia l
activities (e .g . residential care facilities, rest homes) would be subject to a Community
Development Director's use pennit approval . The use permit process allows for case-by-cas e
decisions that evaluate nearby impacts and apparent compatibility issues .
4.Development Standard s
The intent of the Area Plan's form-based codes, architectural guidelines and land use table is t o
•streamline the review process . In some instances, proposed projects that are compatible with th e
Area Plan won't require use permits, and design review will be processed administratively . Thi s
streamlined approach is one of the primary benefits of form-based codes ; prescriptive
development standards that help create a unified development pattern on individual lots an d
within the plan area .
To further reinforce cohesion and the relationship between public and private development, th e
required street yard setbacks for buildings have less than current Citywide requirements for th e
M-zone and C-S zones . However, the Area Plan does require greater rear yard building setbacks .
The intent is to create rear courtyards and parking aisles behind buildings, instead of betwee n
buildings and the street . The emphasis is placed on bringing buildings forward to define th e
public realm and the streetscape . It is important to note that parcels that are already substantiall y
developed or governed by existing Planned Developments are not subject to Area Plan rezonin g
or development standards. The primary focus of the development standards is new construction ,
large additions (increase in floor area 50% or more) and substantial remodels (50% or more o f
current value).
In light of recent public concerns, the Community Development Department is hosting a n
additional public outreach meeting on February 28 `h to summarize Planning Commissio n
comments and answer questions . A summary of this community meeting will be presented to the
City Council on March 5 t h
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South Broad Street Area Plan (2013)Page 8
•Conclusio n
The South Broad Street Area Plan has been streamlined with a simplified land use concept an d
additional graphics and images . If the Area Plan is analyzed and integrated into the LUC E
update, further evaluation and review will occur through the environmental review process ,
LUCE Task Force meetings, LUCE workshops, and Planning Commission and Council hearings .
The Planning Commission unanimously recommended that Council include the South Broa d
Street Area Plan in the preferred growth alternative of the General Plan Land Use an d
Circulation Element update . The Council will have future opportunities to review the Area Pla n
as it is integrated into the LUCE update and subsequent implementation efforts, and will be abl e
to make informed decisions based on the analysis of impacts contained in the LUCE EIR .
CONCURRENCE S
The Community Development Department prepared the South Broad Street Area Plan with inpu t
from the Public Works, Utilities, Finance, Fire, Administration, and Police Departments .
FISCAL IMPACT
Chapter Seven of the Area Plan focuses on plan implementation, and includes cost estimates an d
funding approaches for critical infrastructure improvements . Possible financing approache s
identified in the Area Plan include development impact fees, development agreements, financin g
districts, and/or integration of appropriate facilities into the City's Improvement Plan (CEP) a s
part of the two-year budget forecast . Financing could also come from State and Federal sources •
such as available grant opportunities or changes to State infrastructure finance law . If th e
Council chooses to include the Area Plan in the preferred growth alternative, cost-benefi t
evaluation and additional financing strategies will be identified in the infrastructure analysi s
accompanying the LUCE update .
ALTERNATIVE S
1.The Council may continue the item and direct staff to make revisions to the South Broa d
Street Area Plan or include additional information .
2.The Council may vote to exclude the South Broad Street Area Plan from the preferre d
growth alternative of the Land Use and Circulation Element update . This is not
recommended . The area will continue to develop in a piecemeal manner and land us e
capacity and opportunities, traffic impacts, and larger policy issues will not be considere d
in the Citywide context of the LUCE update .
ATTACHMENT S
1.Recent Public Comment Lette r
2.Parcels Targeted for Rezonin g
3.Excerpt from LUCE Update Grant Proposa l
4.PC Minutes 11/28/1 2
5.2009 Planning Commission comment lette r
6.Changes to Allowed Land Use s
7 . Outreach and Hearings
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•South Broad Street Area Plan (2013)Page 9
8 . Draft Council Resolutio n
ENCLOSURE/LIN K
Draft South Broad Street Area Plan
www.slocity.org/communitydevelopment/southbroad .asp .
T:ICouncil Agenda Reports1201312013-02-051South Broad Street Area Plan (Johnson-David)IGPI 49-06 (South Broad Street Area Plan)-
Counci(docx
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Attachment 1 - Recent Public Comment Lette r
I received your draft of the south Broad Street area plan . I own a condominium in the Villa Rosa complex ,
and have owned it since 1999 . I have watched the area grow .
My one main concern these past 14 years is having a safe overcrossing across the railroad tracks t o
Sinsheimer Park, and the walking/bicycle path . I see this on page 48, item 9 . In my opinion, this is a n
absolute necessity, and should receive a high priority . I wrote to the city when the complex next to ours
was in the planning stages, suggesting that as part of their building, they could participate in a partia l
financing of such an overcrossing .
I also think the idea of bicycle/walking paths on both sides of the railroad tracks is important for tw o
reasons : it allows people on both sides of the tracks to have a place to use ; it eliminates homeles s
people living along these areas and cleans them up, making them safer and more visually attractive .
Under the section where trees to be used are listed, another consideration might be the Crepe Myrtl e
tree . It is beautiful and blooming from mid summer until into the fall, and has flaming, bright leaf colors i n
the fall . During the winter, the bark is interesting and pretty .
I think the idea of mixed use, commercial below and residential living above, is a good use of space, an d
makes the commercial areas more a part of the community . It also allows people to walk to shop, being
more green .
I appreciate all that you are doing to prepare ahead of time so that this area has the best possible chanc e
of having a good result, and I appreciate you getting input from the local residents . It is nice to feel tha t
we have some say in how this area will develop .
Thank you for the opportunity to share my thoughts with you .
Sincerely ,
Sharon Gies
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Attachment 2 - Parcels Targeted for Rezoning
Attachment 3 - Excerpt from LUCE Update Grant Proposa l
2. Proposal Summary Statemen t
Project Need : Comprehensive updates to the San Luis Obispo City Land Use (LUE) an d
Circulation Elements were last completed in 1994 . More recent updates to the Conservation an d
Open Space Element and Housing Element have introduced a series of concepts that need t o
be reflected in Land Use and Circulation policies . The City has been participating with the Sa n
Luis Obispo Council of Governments to help develop a "pre" Sustainable Communities Strateg y
and is in the process of developing a Climate Action Plan, both of which will likely call fo r
changes in the way land use and circulation infrastructure decisions are made .
Two significant components of climate change legislation, AB 32 and SB 375, combined wit h
new studies linking land use and health, further the need to update City LUE and Circulatio n
policies . Key health indicators have been found to have links to land use and the physical for m
of a community . The City's planning and land use decisions affect access to walking and bikin g
trails, open space for recreation, healthy food choices, employment, affordable housing, transi t
and services . The land use and circulation elements need to be updated to incorporate thes e
newer concepts and requirements .
How the Project achieves Local Sustainable Planning (Focus Area #1):
The 1994 General Plan includes policies that support efficient land use, decreased energy use ,
altemative transportation, neighborhood wellness, and a healthy city form . The intent of th e
update process is to respond explicitly to these goals, by finding ways to increase infill and b y
evaluating land use needs on a neighborhood basis . A greater focus on greenhouse ga s
emissions reductions, sustainability and community wellness will become the foundation for th e
update process .
As the basis for this process, the City intends to develop a comprehensive outreach effort with a
community task force as a key component . Part of the outreach will include a web-interactiv e
neighborhood mapping program . On a neighborhood level, the City can identify physical desig n
issues to resolve constraints and reveal opportunities . The final product will develop polic y
recommendations that are based on improving neighborhood quality, safety, access to service s
and pedestrian/bicycle linkages as well as identifying appropriate areas for infill an d
densification . The preliminary program will include the following :
•Community input regarding the physical, social, economic, cultural and environmenta l
character of the City in order to develop a vision of San Luis Obispo through 2030 .
•A comprehensive guide for decision-making based on land use, design, access ,
sustainability and the preservation of the quality of fife in the community .
•Policies that balance development and conservation to preserve the City's natura l
beauty, unique character and heritage while supporting housing opportunities, a vibran t
economy and addressing disadvantaged communities .
•Consistency with the Regional Blueprint and policies that guide development of a
Sustainable Communities Strategy in collaboration with SLOCOG .
•Opportunities to create complete neighborhoods and develop programs to achieve them .
•Identify areas appropriate for residential infill and densification .
•Identify ways to achieve more affordable housing .
•Promote energy efficiency & conservation & incorporate Climate Action Plan strategies .
•Identify transit opportunities that may be enhanced to accommodate TOD .
•Identify ways to encourage transportation modes other than the single occupant vehicle .
•Identify healthy food locations and opportunities for pedestrian and bike access .
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Attachment 4
SAN LUIS OBISP O
PLANNING COMMISSION MINUTE S
November 28, 201 2
CALL TO ORDER/PLEDGE OF ALLEGIANC E
ROLL CALL :Commissioners John Fowler, John Larson, Airlin Singewald, Charle sStevenson, Vice-Chairperson Eric Meyer, and Chairperson Michae lDraze
Absent :Commissioner Michael Multar i
Staff: Deputy Community Development Director Kim Murry, AssociatePlanner James David, Assistant City Attorney Andrea Visveshwara ,and Recording Secretary Dawn Rudde r
ACCEPTANCE OF THE AGENDA :The agenda was amended to discuss the agend aforecast and Budget goals first followed by Public Hearing Item #1 .
MINUTES :Minutes of November 14, 2012, were approved as amended .
PUBLIC COMMENTS ON NON-AGENDA ITEMS :
Connor Hastings requested the City establish green recreational space in th e•Downtown and suggested that the concrete in Mission Plaza could be converted t ograss.
There were no further comments made from the public .
PUBLIC HEARINGS :
1 .City-Wide .GPI 49-06 : Review the Draft South Broad Street Area Plan ; City of Sa nLuis Obispo — Community Development Department, applicant .(James David)
Commissioner Singewald recused himself due to property he owns being within 10 0feet of property in discussion .
James David, Associate Planner, presented the draft South Broad Street Area Plan ,and recommended the Planning Commission forward a recommendation to Council t oinclude the Area Plan in the preferred growth alternative of the Land Use an dCirculation Element (LUCE) update .
PUBLIC COMMENTS :There were no comments made from the public .
COMMISSION COMMENTS :
The Commission was supportive of the revisions made to the draft Area Plan, and• commended staff on the graphic, easy-to-read format . Commissioners provide ddirection for edits and two major changes : 1) reduce the proposed 12-foot lane width sfor all streets in the Area Plan ; and 2) include more detail on infrastructure financing .
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Attachment 4
Planning Commission Minute sNovember 28, 201 2
Page 2
Staff noted that additional financing strategies for the South Broad Street area would b e
evaluated in the pending LUCE infrastructure study .
There were no further comments made from the Commission .
On motion by Vice-Chair Meyer, seconded by Commr . Stevenson, recommend the Cit y
Council include the South Broad Street Area Plan, with recommended changes, in th e
preferred growth alternative of the Land Use and Circulation Element update .
AYES :Commrs . Fowler, Meyer, Draze, Stevenson, and Larso n
NOES :Non e
RECUSED :Commr . Singewal d
ABSENT :Commr . Multar i
The motion passed on a 5 :0 vote .
On motion by Commr . Stevenson and seconded by Commr . Fowler,recommend th e
City Council fund preparation of an infrastructure financing plan as part of the Sout h
Broad Street Area Plan .
AYES :Commrs . Fowler, Meyer, Draze, Stevenson, and Larso n
NOES :Non e
RECUSED :Commr . Singewald
ABSENT :Commr . Multar i
The motion passed on a 5 :0 vote .
COMMENT AND DISCUSSION :
2 .Staff
a.Kim Murry presented the agenda forecast for January 9, 2013 . There will be n o
December Planning Commission meeting . Kim Murry also encouraged th e
Commission to attend the "Future Faire" workshop for the Land Use an d
Circulation Elements update on December 1 st at 1 p .m . at the City-Count y
Library.
b.Advisory Body Budget Goals – Consolidate d
The Commissioners discussed and agreed upon edits to the draft Budget goal s
for the 2013-15 Financial Plan .
3 .Commissio n
No comment s
ADJOURMENT :The meeting was adjourned at 8 :00 p .m .
Respectfully submitted by,
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Attachment 5 - 2009 Public Comment Lette r
February 11, 200 9
Planning Commissio n
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 9340 1
Re : Application Number GP/R 123-08 &
Rezoning in the proposed South Broad Street Corridor Plan .
Planning Commission Members :
As the owners of property and businesses that will be affected by the proposed South Broa d
Street Corridor Plan, and specifically the proposed re-zoning of the M (Manufacturing) zone ,
we are requesting that the City Council give serious consideration to the businesses of Sa n
Luis Obispo who are using the existing zoning for commerce and to provide services an d
employment beneficial to the city .
These businesses moved to, or began operating, in this zone (Manufacturing) under th e
direction of the city as to the allowable use and the type of operations these businesse s
entail . The down-zoning of the Manufacturing Zone to a new zoning (Village-CS, Village -
NC) has the potential to cause serious conflicts between Manufacturing Zone allowable use s
and new residential/commercial residents allowed under mixed use regulations currentl y
favored by the city . Noise, truck traffic, dust, lighting and hours of operation are just a fe w
of the potential problems that residents must understand come with being located in a
Manufacturing Zone .
Included with this letter is a sample Right of Manufacturing Zone Ordinance .The purpose o f
this ordinance would be to maintain the current right to operate within the Manufacturin g
Zone, to disclose potential conflicts to purchasers of property near these Manufacturin g
Zones, and to protect the City and local businesses from related nuisance and liability claim s
in the future .
Without such an ordinance (as suggested by Mr . Jeff Hook) the proposed re-zoning woul d
be a "regulatory taking" by the City . Simply "grandfathering" existing businesses will no t
prevent conflicts from arising . City planners have acknowledged this by saying that "in th e
future manufacturing uses may not be compatible with the new use designation and ma y
have to be moved ."
This issue should be addressed now, before zone changes and approvals begin .
We, the undersigned, respectfully submit this proposal for an ordinance as a cost-effective
solution, as it may be difficult for the City to come up with the means or the will to mov e
any of the existing businesses or deal with the resulting litigation should either becom e
necessary .
Thank you for your attention to this matter .
B1-15
The following are signatures to the letter to the City of San Luis Obispo Planning Commission dated 2/11/0 9
Regardinq Application Number GP/R 123-08 & Rezoninq in the proposed South Broad Street Corridor Plan .
Name Title Business Address Si nature
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cire Styr IOLUI inc 10t,oc::■ W um L_ocy in ..gun L.04■0 t000to,
P 12 -08 Rezoning in the ro osed South Broad Street Corridor Plan .
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L
Attachment 5 - 2009 Public Comment Lette r
Right of Manufacturing Zone Ordinanc e
January 28, 200 9
AN ORDINANCE OF THE SAN LUIS OBISPO CITY ZONING CODE RELATIN G
TO MANUFACTURING ZONE, OPERATIONS, AND THE RIGHT OF USE .
The Community Development Department, Planning Division of th e
City San Luis Obispo, State of California, ordains a s
follows :
Section 1 : That the San Luis Obispo Zoning Code be amended t o
read as follows :
MANUFACTURING ZONE (M), OPERATIONS, AND TH E
RIGHT OF USE ORDINANC E
Sections :
1 .01 .010 . Definition s
1 .01 .020 . Findings and Polic y
1 .01 .030 . Pre-existing Manufacturing Zone Operations not a Nuisanc e
1 .01 .040 . Disclosure
1 .01 .050 . Disclosure Upon Transfer of Residential Propert y
1 .01 .060 . Severability
1 .01 .010 . Definitions .
(1)"Land Zoned Manufacturing" shall mean all real property within the Cit y
of San Luis Obispo currently Zoned "M" for Manufacturing Operations .
(2)The term "Manufacturing Zone activity, operation, or facility, or appurtenance s
thereof' (herein collectively referred to as "Manufacturing Zone Operations") shal l
include, but not be limited to, provisions governing uses allowed in the Manufacturin g
(M) zone and "to provide for assembly, fabrication, and other manufacturing activities i n
addition to those permitted in the C-S zone, and for limited sales and services to loca l
consumers" as stated in 17 .48 .010 of the City of San Luis Obispo Zoning Regulation s
dated June 2008 .
(3)The term "nuisance" shall have the meaning ascribed to that term in California Civi l
Code Section 3479 . California Civil Code Section 3479 reads, in part, as follows :
"Anything which is injurious to health, or is indecent or offensive to the senses, or a n
obstruction to the use of property, so as to interfere with the comfortable enjoyment o f
life or property .... is a nuisance."
1 .01 .020 . Findings and Policy :
(1)It is the intention of this City to protect and encourage Economic Development ,
including the uses provided for in the Manufacturing Zone .
(2)Where non-Manufacturing Zone uses occur near Manufacturing Zoned areas, allowe d
Manufacturing Zoned operations could become the subject of nuisance complaints due t o
lack of information about such operations . As a result, Manufacturing Zone operator s
may be forced to cease or curtail their operations . Such actions discourage investments i n
manufacturing-zone allowed businesses to the detriment of these businesses and th e
viability of the City's economy as a whole . It is the purpose and intent of this ordinanc e
to reduce the loss to the City of its business and tax base by clarifying the circumstance s
under which Manufacturing Zone operations may be considered a nuisance .
B1-18
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•
•
•
•
•
Attachment 5 - 2009 Public Comment Lette r
This ordinance is not to be construed as in any way modifying or abridging state la w
as set out in the California Civil Code, Health and Safety Code, or any other applicabl e
provision of State law relative to nuisances . Instead, it is to be utilized only in th e
interpretation and enforcement of the provisions of this code and City regulations .
(3) An additional purpose of this ordinance is to promote a good neighbor policy b y
advising purchasers of residential property, and owners of other property in th e
City, of the inherent potential problems associated with the purchase of suc h
property . Such concerns may include, but are not limited to, the noises, odors, dust ,
lighting, truck traffic, and hours of operation that may accompany allowe d
Manufacturing Zone operations . It is intended that, through mandatory disclosures ,
purchasers and users will better understand the impact of living near Manufacturin g
Zones and be prepared for attendant conditions .
1 .01 .030 . Pre-existing Manufacturing Operations Not a Nuisance :
(1) No Manufacturing Zone activity, operation, or facility, or appurtenances thereof,
conducted or maintained for commercial purposes, and in a manner consistent wit h
proper and accepted customs and standards, as established and followed by simila r
Manufacturing Zone operations in the same locality, shall be or become a nuisance ,
private or public, due to any changed condition in or about the locality, after it has bee n
in operation for more than three years if it was not a nuisance at the time it began .
1 .01 .040 . Disclosure
(1) Disclosure Statement : If your property is near a Manufacturing Zone, you may b e
subject to certain inconveniences and/or discomforts which are protected by law . In orde r
for the Manufacturing Zone operation to be protected, the following requirements mus t
be satisfied :
(1)The Manufacturing Zone operation must be conducted or maintained for commercia l
purposes ;
(2)The Manufacturing Zone operation must be conducted or maintained in a manne r
consistent with proper and accepted customs and standards as established an d
followed by similar Manufacturing Zone operations in the same locality ;
(3)The Manufacturing Zone operation predated the affected use(s) on your property ;
(4)The Manufacturing Zone operation has been in existence for more than three years,
and
(5)The Manufacturing Zone operation was not a nuisance at the time it began .
If your property is near a Manufacturing Zone in the City, which satisfies the abov e
requirements, you may at times be subject to one or more inconveniences and/o r
discomfort arising from that operation . Such inconveniences may include (dependin g
upon the type of Manufacturing Zone operation), but are not necessarily limited to, th e
following: noise, odors, fumes, dust, smoke, truck traffic, visual impacts night tim e
lighting, operation of machinery or other inconveniences or discomforts associated wit h
the allowed Manufacturing Zone operations .
(2) The disclosure statement is given for informational purposes only and nothing in thi s
Ordinance, or in the Disclosure Statement, shall prevent anyone from complaining t o
any appropriate agency, or taking any other available remedy, concerning an y
unlawful or improper practice .
B1-19
Attachment 5 - 2009 Public Comment Lette r
(3) The Disclosure Statement set forth above shall be used as described in sectio n
1 .10 .05 0
1 .01 .050 . Disclosure Upon Transfer of Residential Propert y
(1) Upon any transfer of real property located in the City by sale, exchange, installmen t
land sale contract (as defined in Civil Code Section 2985), lease with an option t o
purchase, any other option to purchase, or ground lease coupled with improvements, o r
residential stock cooperative, improved with or consisting of not less than one nor mor e
than four dwelling units, the transferor shall deliver to the prospective transferee th e
written Disclosure Statement required by this ordinance . The Disclosure Statement shal l
be delivered in the manner set forth in Civil Code Sections 1102 .3 and 1102 .10 .
Exceptions to the applicability of the Section 1 .01 .060 are set forth in Civil Code Sectio n
1102 .2 . The written disclosure shall be set forth in, and shall be made on a copy of, th e
following disclosure form :
LOCAL OPTION REAL ESTATE TRANSFER DISCLOSURE STATEMEN T
THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE CIT Y
OF SAN LUIS OBISPO.
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, DESCRIBED AS
THIS STATEMENT IS A DISCLOSURE OF THE ABOVE DESCRIBED PROPERTY I N
COMPLIANCE WITH APPLICABLE CODES .
IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER(S) OR ANY AGENT(S )
REPRESENTING ANY PRINCIPAL(S) IN THIS TRANSACTION, AND IS NOT A SUBSTITUTE FO R
ANY INSPECTIONS OR WARRANTIES THE PRINCIPAL(S) MAY WISH TO OBTAIN .
SELLERS INFORMATIO N
The seller discloses the following information with the knowledge that even though this is not a warranty ,
prospective buyers may rely on this information in deciding whether and on what terms to purchase th e
subject property . Seller hereby authorizes any agent(s) representing any principal(s) in this transaction t o
provide a copy of this statement to any person or entity in connection with any actual or anticipated sale o f
the property .
THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER(S) AS REQUIRED BY TH E
CITY OF SAN LUIS OBISPO, AND ARE NOT THE REPRESENTATIONS OF THE AGENT(S) I F
ANY . THIS INFORMATION IS A DISCLOSURE AND IS NOT INTENDED TO BE PART OF AN Y
CONTRACT BETWEEN THE BUYER AND SELLER .
: If your property is near a Manufacturing Zone operation, you may be subject to certain inconvenience s
and/or discomforts which are protected by law . In order for the Manufacturing Zone operation to b e
protected, the following requirements must be satisfied :
(1)The Manufacturing operation must be conducted or maintained for commercial purposes ;
(2)The Manufacturing operation must be conducted or maintained in a manner consistent with proper an d
accepted customs and standards as established and followed by similar Manufacturing operations in th e
same locality ;
(3)The Manufacturing operation predated the affected use(s) on your property ;
(4)The Manufacturing operation has been in existence for more than three years, an d
(5)The Manufacturing operation was not a nuisance at the time it began .
If your property is near an Manufacturing Zone in the City, which satisfies the above requirements, yo u
may at times be subject to one or more inconveniences and/or discomfort arising from that operation . Such
inconveniences may include (depending upon the type of Manufacturing Zone operation), but are no t
necessarily limited to, the following : noise, odors, fumes, dust, smoke, truck traffic, visual impacts night
B1-20
•
•
•
•
•
•
Attachment 5 - 2009 Public Comment Lette r
time lighting, operation of machinery or other inconveniences or discomforts associated with the allowe d
Manufacturing Zone operations .
Seller certifies that the information herein is true and correct to the best of the Seller's knowledge as of th e
date signed by the Seller .
Seller Date:
Seller Date :
BUYER(S) AND SELLERS MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND/O R
INSPECTIONS OF THE PROPERTY ANDTO PROVIDE FOR APPROPRIATE PROVISIONS IN A
CONTRACT BETWEEN BUYER AND SELLER(S) WITH RESPECT TO AN Y
ADVICE/INSPECTIONS/DEFECTS .
I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT .
Seller Date Buyer Date
Seller Date Buyer Date
Agent (Broker Representing Seller)
By
(Associate Licensee or Broker-Signature )
Date
Agent (Broker Obtaining the Offer) By
(Associate Licensee or Broker-Signature )
Date
A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE . IF YOU DESIR E
LEGAL ADVICE, CONSULT YOUR ATTORNEY .
1 .01 .060 . Severability
If any section, subsection, sentence, clause or phrase of this ordinance is for any reaso n
held to be invalid or unconstitutional by the decision of a court of competent jurisdiction ,
such decision shall not affect the validity or the constitutionality of the remainin g
portions of this ordinance . The Community Development Department, Planning Divisio n
hereby declares that it would have passed this ordinance and each section, subsection ,
sentence, clause, or phrase thereof irrespective of the fact that any one or more sections ,
subsections, sentences, clauses, or phrases be declared invalid or unconstitutional .
SECTION 2 : This ordinance shall take effect and be in full force and effect thirty (30 )
days after its passage ; and before the expiration of fifteen (15) days after passage of thi s
ordinance, it shall be published once with the names of the members of the Communit y
Development Department, Planning Division voting for and against the ordinance in th e
Tribune, a newspaper of general circulation published in the County of San Luis Obispo ,
State of California .
B1-21
Attachment 6
DRAFT SOUTH BROAD STREET AREA PLAN 2141201 3
Changes to Allowed Land Uses
Current Zoning District Area Plan Zonin g
Land Use M C-S C-S C-R
INDUSTRY, MANUFACTURING &PROCESSING, WHOLESALIN G
Bakery, wholesale A A A
Furniture and fixtures manufacturing, cabinet shop A D D
Industrial research and development D PC A
Laboratory - Medical, analytical, research, testing A A A
Laundry, dry cleaning plant A A A
Manufacturing - Heavy P C
Manufacturing - Light A D A
Petroleum product storage and distribution D
Photo and film processing lab A A A
Printing and publishing A A A
Recycling facilities - Collection and processing facility D
Recycling facilities - Scrap and dismantling yard D
Recycling facilities - Small collection facility A D D
Storage - Personal storage facility A A A
Storage yard A D
Warehousing, indoor storage A A A
Wholesaling and distribution A A A
LODGIN G
Bed and breakfast inn A
Homeless shelter PC PC PC
Hostel A
Hotel, motel A
Recreational vehicle (RV) park accessory to hotel, mote l
Vacation Rental
RECREATION, EDUCATION, AND PUBLIC ASSEMBLY
••
*Highlighted rows ar e
examples of how Area Pla n
zoning transitions t o
residentially-compatible uses .
B 1-2111
••Attachment.
Current Zoning District Area Plan Zonin g
Land Use M C-S C-S C-R
Bar/tavern D D D D
Club, lodge, private meeting hall D D D
Commercial recreation facility - Indoor PC D D D
Commercial recreation facility - Outdoor PC P C
Educational conferences D
Fitness/health facility A A A A
Golf Cours e
Library, museum, branch facility D
Nightclub D D D D
Off-site wine tasting room A A A A
Park, playground A
Public assembly facility PC A A
Religious facility D D D D
School - Boarding school, elementary, middle, secondary
School - College, university campus, satellit e
School - Elementary, middle, secondar y
School - Specialized education/training A A A A/D
Special event D D D D
Sports and active recreation facility PC PC PC P C
Sports and entertainment assembly facility P C
Studio - Art, dance, martial arts, music, etc .A A ND
Theater A
Theater - Drive-in PC PC
RESIDENTIAL USE S
Boarding/rooming house, dormitor y
Caretaker's quarters A A A A
Convents and monasterie s
Fraternity, sororit y
High occupancy residential use
B1-23 2
Attachment 6
Current Zoning District Area Plan Zonin g
Land Use NI C-S C-S C-R
Home occupation A A A A
Live/work units A A A A
Mixed-use project PC PC A A
Mobile home as temporary residence at building sit e
Mobile home par k
Multi-family dwellings A
Residential care facilities - 6 or fewer residents N D
Residential care facilities - 7 or more residents AI D
Residential hospice facility D
Rest home N D
Single-family dwelling s
Secondary dwelling unit s
Work/live units D D A
RETAIL SALE S
Auto and vehicle sales and rental PC A
Auto parts sales, with installation A A A
Auto parts sales, without installation A A A A
Bakery, retail D D A A
Building and landscape materials sales, indoor A A A A
Building and landscape materials sales, outdoor A A A D
Construction and heavy equipment sales and rental D D
Convenience store D D D A
Extended hour retail D D D D
Farm supply and feed store A A D
Fuel dealer (propane, etc)A D P C
Furniture, furnishings, and appliance stores A A A
General retail - 2,000 sf or less A
General retail - More than 2,000 sf, up to 15,000 sf A
General retail - More than 15,000 sf, up to 45,000 sf D
••
••Attachment 6
Current Zoning District Area Plan Zonin g
Land Use M C-S C-S C-R
General retail - More than 45,000 sf, up to 60,00 s f
General retail - More than 60,000 sf, up to 140,000 s f
Groceries, liquor, specialty foods A
Mobile home, RV, and boat sales PC A
Office-supporting retail, up to 5,000 sf A
Outdoor temporary and/or seasonal sales See MC 17 .08 .020 See MC 17 .08 .02 0
Produce stand A A A
Restaurant D D A A
Outdoor BBQ/Grill, accessory to restaurant D D D D
Service Station (see also "vehicle services")A A D
Vending machine See MC 17 .08 .020 See MC 17 .08 .02 0
Warehouse stores - 45,000 sf or less gfa D D D
Warehouse stores - more than 45,000 sf gfa P C
SERVICES — BUSINESS, FINANCIAL, GENERAL &PROFESSIONA L
ATMs A A A A
Banks and financial services D D A A
Business support services A A A AI D
Medical service - Clinic, laboratory, urgent care D D D
Medical service - Doctor office D D AI D
Medical service - Extended care D
Medical service - Hospita l
Convalescent hospita l
Office - Accessory A A A A
Office – Business and Service D D A ND
Office - Government A/D
Office - Processing D D A AI D
Office - Production and administrative D D A AI D
Office - Professional N D
Office - Temporary See MC 17 .08 .010 .0 See MC 17 .08 .010 .0
B1-25 4
Attachment 6
Current Zoning District Area Plan Zonin g
Land Use M C-S C•S C-R
Photographer, photographic studio A A ND
SERVICES — GENERA L
Catering service A A A D
Cemetery, mausoleum, columbarium PC P C
Copying and Quick Printer Service A A A A
Day care - Day care center D D D ND
Day care - Family day care home A
Equipment rental A A A
Food bank/packaged food distribution center D D PC
Maintenance service, client site services A A A
Mortuary, funeral home D PC
Personal services A A A
Personal services - Restricted D D D
Public safety facilitie s
Public utility facilities A A A
Repair service - Equipment, large appliances, etc .A A A
Residential Support Services A
Social service organization A
Vehicle services - Repair and maintenance - Major A A
Vehicle services - Repair and maintenance - Minor A A A
Vehicle services - Carwash D D D D
Veterinary clinic/hospital, boarding, large animal D D
Veterinary clinic/hospital, boarding, small animal, indoor A A ND
Veterinary clinic/hospital, boarding, small animal, outdoor D D
TRANSPORTATION &COMMUNICATION S
Airport PC P C
Ambulance, taxi, and/or limousine dispatch facility D A
Antennas and telecommunications facilities D D D D
Media Production - Broadcast studio A A A ND
••
B1-211 5
••Attachment.
Current Zoning District Area Plan Zonin g
Land Use M C-S C-S C-R
Media Production - Backlots/outdoor facilities and soundstages D D D
Heliport PC PC P C
Parking facility D D D D
Parking facility - Multi-level PC PC PC P C
Parking facility - Temporary D D D D
Railroad facilities A D D
Transit station or terminal A D A A
Transit stop A A A A
Truck or freight terminal A A D
Water and wastewater treatment plants and services
= Allowed, D = Use Permit, ND = Allowed on ground floor, Use Permit on second floor, PC = Planning Commission Use Permit
B1-27 6
Attachment 7
South Broad Street Area Plan Outreach Efforts
Key Date Meetin g
1 2/5/2004 State Route 227 Charrettes Planning Cal l
2 314/2004 Pre-Plan Meeting for Civic Leader s
3 5/8/2004 Broad Street Community Planning Workshop s
4 5/20/2004 Broad Street Community Planning Workshop s
5 8/17/2005 Airport Land Use Commission Presentatio n
6 11/912006 Kick Off
7 12/21/2006 Focus Grou p
8 1/18/2007 Focus Grou p
9 2115/2007 Focus Grou p
10 3/8/2007 Kiwanis Club Presentatio n
11 3/15/2007 Focus Grou p
12 4119/2007 Focus Grou p
13 5/16/2007 Airport Land Use Commission Presentatio n
14 5/17/2007 Bicycle Advisory Committe e
15 511812007 Focus Grou p
16 6/8/2007 Focus Grou p
17 6/14/2007 Chamber of Commerce Presentatio n
18 6/14/2007 SLO Workforce Housing Coalition Presentatio n
19 7/19/2007 Focus Grou p
20 10/17/2007 Planning Commission Community Worksho p
21 2/20/2008 Airport Land Use Commission Presentatio n
22 2/25/2008 Newsletter to area residents, property and business owner s
23 3/13/2008 Airport Land Use Commission Subcommitte e
24 6/24/2008 HASLO Presentation of Moylan Terrac e
25 8/21/2008 Focus Group
26 8/25/2008 Newsletter to area residents, property and business owner s
27 10/2/2008 Focus Grou p
28 2/25/2009 Stoneridge Neighborhood Meetin g
29 3/16/2009 CHC Subcommittee & Property Owner s
30 2/3/2010 Focus Grou p
31 2/15/2012 Airport Land Use Commission Presentatio n
32 2/29/2012 Focus Grou p
33 12/1/2012 LUCE Future Fai r
34 1/1/2013 Newsletter to area residents, property and business owner s
35 2/4/2013 Meeting with 20 concerned citizen s
36 2/19/2013 REALTORs Presentatio n
37 2/28/2013 Community Update
Total 37
•
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B1-2 8
•
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•
Attachment 7
Key Date Hearin g
1 7/5/2005 City Counci l
2 10/17/2006 City Counci l
3 4/18/2007 Planning Commissio n
4 6/4/2007 Architectural Review Commissio n
5 6/6/2007 Planning Commissio n
_6 6/13/2007 Planning Commissio n
7 6/25/2007 Cultural Heritage Committe e
8 716/2007 Architectural Review Commissio n
9 8/8/2007 Planning Commissio n
10 8/8/2007 Planning Commissio n
11 1017/2007 Planning Commissio n
12 12/4/2007 City Counci l
13 12/18/2007 City Counci l
14 719/2008 Planning Commissio n
15 7/14/2008 Architectural Review Commissio n
16 7/23/2008 Planning Commissio n
17 818/2008 Architectural Review Commissio n
18 8/27/2008 Planning Commissio n
19 112812009 Planning Commissio n
20 2/23/2009 Cultural Heritage Committee
21 4/27/2009 Cultural Heritage Committee
22 1/13/2010 Planning Commissio n
23 2/10/2010 Planning Commissio n
24 11/28/2012 Planning Commissio n
25 3/5/2013 City Counci l
City Council 5
Planning Commission 1 3
Architectural Review Commission 4
Cultural Heritage Committee 3
Total 25
B1-2 9
Attachment 8
RESOLUTION NO .
(2013 Series)
A RESOLUTION TO INCLUDE THE SOUTH BROAD STREET AREA PLAN FO R
REVIEW AS_'
: 'j ' " -.- • •_ t THE LAN D
USE AND CIRCULATION ELEMENT UPDATE . (GPI 49-06)A m l
WHEREAS,the City Council of the City of San Luis Obispo conducted a public hearin g
in the Council Chamber of City Hall, 990 Palm Street ; San Luis Obispo, California, on March 5 ,
2013, for the purpose of considering Planning File No . GPI 49-06, the draft South Broad Stree t
Area Plan ; and
WHEREAS,the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo ,
California, on November 28, 2012, for the purpose of formulating and forwardin g
recommendations to the City Council of the City of San Luis Obispo regarding the South Broa d
Street Area Plan; and
WHEREAS,the Community Development Department conducted approximately 3 7
public outreach efforts and 25 public hearings while developing the South Broad Street Are a
Plan ; and
WHEREAS,the City's General Plan contains policies supporting development of a n
"area plan" for the South Broad Street Corridor to encourage innovative design concepts tha t
help revitalize and beautify the area ; an d
WHEREAS,the City's General Plan also contains policies that identify the South Broa d
Street area for possible rezoning to encourage mixed-use development and higher densit y
housing ; an d
WHEREAS,"South Broad Street Corridor enhancement" was adopted as a Major Cit y
Goal for the Community Development Department in the 2003-05 Financial Plan ; and
WHEREAS,the City received a California Department of Transportation Community -
based Transportation Planning Grant in Fall 2006 ; an d
WHEREAS,potential impacts and mitigations associated with developing the Area Pla n
need to be reviewed in the larger context of citywide circulation improvements and policy
decisions that will occur in the Land Use and Circulation Element (LUCE) update process ; and
WHEREAS,the City Council has duly considered all evidence, including the testimon y
of the applicant, interested parties, and the evaluation and recommendations by staff, presented a t
said hearing .
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Lui s
Obispo as follows :
B1-30
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Council Resolution No. XXXX (2013 Series)
Attachment 8
SECTION 1 .Findings .Based upon all the evidence, the City Council makes th efollowing findings :
1.The proposed South Broad Street Area Plan implements General Plan policies because i t
establishes an area plan to help revitalize and beautify the area, and proposes rezoning t o
encourage mixed-use development and higher density housing .
2.The proposed South Broad Street Area Plan implements a past Major City Goal of th e
2003-05 Financial Plan because it implements strategies to enhance the South Broa dStreet Corridor .
3.Many of the Area Plan concepts align with the grant objectives outlined in the ongoin g
LUCE update, and potential impacts and mitigations associated with developing the Are a
Plan need to be reviewed in the larger context of overall circulation improvements an dpolicy decisions that will occur through the LUCE update process .
SECTION 2. Environmental Determination .The City Council recognizes that additiona l
environmental review of the South Broad Street Area Plan is necessary, which will occur as par tof the LUCE EIR .
•SECTION 3 . Action.As recommended by the Planning Commission, include the South Broa d
Street Area Plan for review as part of the preferred growth alternative of the Land Use andCirculation Element update .
Upon motion of , seconded by , and on the following vote :
AYES :
NOES :
ABSENT :
The foregoing Resolution was adopted this , 2013 .
Mayor Jan Mar x
ATTEST :
Maeve Kennedy Grimes, City Clerk
APPROVED AS TO FORM :
•
Christine Dietrick, City Attorney
B1-31
Page intentionally left
blank .
•
RECEI\1 ,
MAR 05 201 3
SLO CITY CLER K
COUNCIL MEETING : J//3~,C9
ITEM NO .:
Honorable Mayor Jan Mar x
Dear Mayor Marx :
I am writing as representative of a group of property and business owners i n
opposition of the down-zoning that is a part of the Draft South Broad Stree t
Area Plan being presented tonight, March 5,2013 for your endorsement .
I n February of 2009,24 business and property owners registered their concern s
to the Planning Department by hand-delivered petition and received n o
acknowledgement. (Appendix 1 )
The group is concerned that the intent of the down-zoning from Manufacturin g
to Eli andCS on Victoria Avenue, McMillan Avenue, andDuncan Laneis- to -
force out those using the current zoning . The Plan clearly states that this is th e
ultimate goal . (Appendix 2 )
The businesses using the threatened Manufacturing Zone supply hundreds of
jobs directly, and many more indirectly . Most of these jobs are well-pai d
"Head of Household" jobs .
The businesses that will be affected have been producing components an d
products right herein San -Luis Obispo that are used-worldwide . These
businesspeople have been operating in the same locations for decades, som e
for up to 44 years .
The businesses currently operating in the M Zone within the South Broa d
March 5,201 3
Carl Lea
2650 Victoria Avenu e
San Luis Obispo, CA
Street Area Plan boundaries are clean and have low traffic use in compariso n
to retail or commercial services . The businesses in question are landscaped an d
show pride of ownership,(Appendix a)
Business and property owners using the manufacturing zone are concerne d
that their life's work and investment will be devalued if the Plan is approved ,
as their businesses and properties would immediately becom e
non-conforming .
Given the current economic environment, it seems unwise for the City of Sa n
Luis Obispo to attempt to move jobs out of town . The South Broad Street Are a
Plan indicates-businesses that have been _providing good-jobsfor decades i n
these locations are now "incompatible" and "no longer suit the City's
contemporary urban pattern". If these businesses are being forced out of th e
neighborhoods that they have called home for years, it is very unlikely they wil l
be compelled to relocate within the city that has shown . such disregard for thei r
historic contribution to the economic vitality of San Luis Obispo . There ar e
other cities nearby that are welcoming and encouraging businesses like thes e
to move in and bring their jobs and taxes with them . We love San Luis Obisp o
and want to stay,but this down-zoning sends a chilling message to-bot h
present and future business and property owners .
We urge the City Council to NOT endorse the "plan" as proposed at this time .
Solutions could include separation of Broad Street improvement from th e
Victoria Avenue, McMillan Avenue and Duncan Lane areas .
Since there is universal support for improving Broad Street and its frontage, th e
zoning issue regarding the outlying neighborhoods could be resolved by th e
creation of a hybridzone or overlay that would allow the-curren t
Manufacturing zone uses to continue as they are . This could be enhanced wit h
a "Right of Manufacturing Zone Ordinance" to disclose potential mixed-us e
conflicts as the neighborhoods evolve with future development and infill o f
these areas, (Appendix 1).
February 11, 2009
Planning Commissio n
City of San Luis Obisp o
990 Palm Street
San Luis Obispo, CA 9340 1
Re: Application Number GP/R 123-08 &
Rezoning --in the proposed- South Broad errant Corridor Plan .
Planning Commission Members :
As the owners of property and businesses that will be affected by the proposed South Broa d
Street Corridor Plan, and specifically the proposed re-zoning of the M (Manufacturing) zone ,
we are requesting that the City Council give serious consideration to the businesses of Sa n
Luis Obispo who are using the existing zoning for commerce and to provide services an d
employment beneficial to- the . city_
These businesses moved to, or began operating, in this zone (Manufacturing) under th e
direction of the city as to the allowable use and the type of operations these businesse s
entail The down-zoning of the Manufacturing Zone to a new zoning (\fillage-CS, Village -
NC) has the potential to cause serious conflicts between Manufacturing Zone allowable use s
and new residential/commercial residents allowed under mixed use regulations currentl y
favored by the city . Noise, truck traffic, dust, lighting and hours of operation are just a fe w
of the--potential- problems-that residentsmeet understand come with being located in a
Manufacturing Zone .
Included with this letter is a sample Right of Manufacturing Zone Ordinance.The purpose of
this ordinance would be to maintain the current right to operate within the Manufacturin g
Zone, to disclose potential conflicts to purchasers of property near these Manufacturin g
Zones, and to protect the City and local businesses from related nuisance and liability claim s
in the future .
Without such an ordinance (as suggested by Mr . Jeff Hook) theproposed re-zoning woul d
be a "regulatory taking" by the City . Simply "grandfathering" existing businesses will no t
prevent conflicts from arising, City planners have acknowledged this by saying that In the
future manufacturing uses may not be compatible with the new use designation and ma y
have to be moved ."
This issue should be addressed now, before zone changes and approvals begin .
We, the undersigned, respectfully submit this proposal for an ordinance as a cost-effectiv e
solution, as it may be difficult for the City to come up with the means or the will to mov e
any of the existing businesses or deal with the resulting litigation should either becom e
necessary .
Thank you for your attention to this matter.
Right of Manufacturing Zone Ordinanc e
January 28, 2009
AN ORDINANCE OF THE SAN LUIS OBISPO CITY ZONING CODE RELATIN G
TO MANUFACTURING ZONE, OPERATIONS, AND THE RIGHT OF USE .
The Community Development Department, Planning Division of the
City San Luis Obispo, State of California, ordains as
follows:
Section 1 : That the San Luis Obispo Zoning Code be amended t o
read as follows:
MANUFACTURING ZONE (M), OPERATIONS, AND TH E
RIGHT OF USE ORDNANC E
Sections:
1 .01 .010 . Definitions
1 .01,020. Findings-and Policy
1 .01 .030 . Pre-existing Manufacturing Zone Operations not a Nuisanc e
1 .01 .040. Disclosure
1 .01 .050. Disclosure Upon Transfer of Residential Propert y
1 .01 .060. Severability
1 .01 .010. Definitions.
(I) "Land Zoned Manufacturing" shall mean all real property within the Cit y
of San Luis Obispo currently Zoned "M" for Manufacturing Operations .
(2)The term "Manufacturing Zone activity, operation, or facility, or appurtenance s
thereof" therein collectively referred to as "Manufacturing Zone Operations") shal l
include. but not be limited to, provisions governing uses allowed in the Manufacturin g
(M) zone and "to provide for assembly, fabrication, and other manufacturing activities in
addition to those permitted in the C-S zone, and for limited sales and services to local
consumers" as stated in 17 .48 .010 of the City of San Luis Obispo Zoning Regulation s
dated June 2008 .
(3)The term "nuisance" shall have the meaning ascribed to that term in California Civi l
Code Section 3479. California Civil Code Section 3479 reads, in part, as follows :
"Anything which is injurious to health, or is indecent or offensive to the senses, or a n
obstruction to the use of property, so as to interfere with the comfortable enjoyment o f
life or property .... is a nuisance ."
1 .01 :020 . Findings and Policy :
(1)It is the intention of this City to protect and encourage Economic Development ,
including the uses provided for in the Manufacturing Zone .
(2)Where non-Manufacturing Zone uses occur near Manufacturing Zoned areas, allowed
Manufacturing Zoned operations could become the subject of mistime complaints due t o
lack of information about such operations . As a result, Manufacturing Zone operator s
may be forced to cease or curtail their operations. Such actions discourage investments i n
manufacturingzone allowed businesses-to-the-detrimentofthee-heetnrsses and the
viability of the City's economy as a whole . It is the purpose and intent of this ordinance
to reduce the loss to the City of its business and tax base by clarifying the circumstance s
under which Manufacturing Zone operations may be considered a nuisance .
This ordinance is not to be construed as in any way modifying or abridging state la w
as set out in the California Civil Code, Health and safety code, or any other applicabl e
provision of State law relative to nuisances . Insstead, it is to be utilized only in th e
interpretation and enforcement of the provisions of this code and City regulations.
(3) An additional purpose of this ordinance is to promote a good neighbor policy by
advising purchasers of residential property, and owners of other property in the
City, of the inherent potential problems associated with the purchase of suc h
property . Such concerns may include, but are not limited to . the noises, odors, dust ,
lighting, truck traffic, and hours of operation that may accompany allowe d
Manufacturing Zone operations . It is intended that, through mandatory disclosures ,
purchasers and users will better understand the impact of living near Manufacturin g
Zones and be prepared for attendant conditions.
1 .01 .030. Pre-existing Manufacturing Operations Not a Nuisance :
(1) No Manufacturing Zone activity, operation, or facility, orappartenances thereof,
conducted or maintained for commercial purposes, and in a manner consistent wit h
proper and accepted customs and standards, as established and followed by simila r
Manufacturing Zone operations in the same locality, shall be or become a nuisance ,
private or public, due to any changed condition in or about the locality, after it has been
in operation for more than three years if it was not a nuisance at the time it began .
1 .01 .040. Disclosure
(1) Disclosure Statement : If your property is near a Manufacturing Zone, you may be
subject to certain inconveniences and/or discomforts which are protected by law . In order
for the Manufacturing Zone operation to be protected, the following requirements mus t
be satisfied :
(1)The Manufacturing Zone operation must be conducted or maintained for commercia l
purposes;
(2)The Manufacturing-Zone operation must he conducted or maintained in a manner
consistent with proper and accepted customs and standards as established an d
followed by similar Manufacturing Zone operations in the same locality ;
(3)The Manufacturing Zone operation predated the affected use(s) on your property ;
(4)The Manufacturing Zone operation has been in existence for more than three years ,
and
(5)The Manufacturing Zone operation was not a nuisance at the time it began ..
If your property is near a Manufacturing Zone in the City, which satisfies the abov e
requirements, you may at times be ; subject to one or more inconveniences and/o r
discomfort arising from that operation . Such inconveniences may include (dependin g
upon the type of Manufacturing Zone operation), but are not necessarily limited to, th e
following: noise, odors, fumes, dust, smoke, truck traffic, visual impacts night tim e
lighting, operation of machinery of other inconveniences or discomforts associated wit h
the allowed Manufacturing Zone dperations .
(2) The disclosure statement is given for informational purposes only and nothing in thi s
Ordinance, or in the Disclosure Statement, shall prevent anyone from complaining t o
any appropriate agency, or taking any other available remedy, concerning an y
unlawful or improper practice .
(3)The Disclosure Statement set forth above shall be used as described in sectio n
1 .10 .05 0
1 .01 .050 .Disclosure Upon Transfer of Residential Propert y
(1)Upon any transfer of real property located in the City by sale, exchange, installment
land sale contract (as defined in Civil Code Section 2985),lease with an option to
purchase, any other option to purchase, or ground lease coupled with improvements, o r
residential stock cooperative, improvedwith or consisting ofnot less than one nor more
than four dwelling units, the transferor shall deliver to the prospective transferee th e
written Disclosure Statement required by this ordinance . The Disclosure Statement shal l
be delivered in the manner set forth in Civil Code Sections 1102 .3 and 1102 .10 .
Exceptions to the applicability of the Section 1 .01 .060 are set forth in Civil Code Section
1102.2 .The written disclosure shall be set forth in, and shall be made on a copy of,the
following disclosure form :
LOCAL OPTION REAL ESTATE TRANSFER DISCLOSURE STATEMENT
THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE CIT Y
OF SAN LUIS OBISPO,
COUNTY OF SAN LUIS OBISPO,STATE OF CALIFORNIA, DESCRIBED AS
THIS STATEMENT IS A DISCLOSURE OF THE ABOVE DESCRIBED PROPERTY IN—
COMPLIANCE WITH APPLICABLE CODES .
IT 1S NOT A WARRANTY OF ANY KIND BY THE SELLER(S) OR ANY AGENT(S )
REPRESENTING ANY PRI NCTPAL(S)IN THIS TRANSACTION, AND I& NOT A SUBSTITUTE FO R
ANY INSPECTIONS OR WARRANTIES THE PRINCIPAL(S) MAY WISH TO OBTAIN.
SELLERS INFORMATIO N
The seller discloses the following information with the knowledge that even though this is not a warranty ;
prospective buyers may rely on this information in deciding whether and on what terms to purchase th e
subject ptope, y . Seiler hereby authorizes any agent(s) representing any principal(s) in this transaction t o
provide a copy of this statement to any person or entity in connection with any actual or anticipated sate o f
the property .
THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER(S) AS REQUIRED BY THE
CITY OF SAN LUIS OBISPO, AND ARE NOT THE REPRESENTATIONS OF THE AGENT(S) IF
ANY. THIS INFORMATION IS A DISCLOSURE AND IS NOT INTENDED TO BE PART OF AN Y
CONTRACT BETWEEN THE BUYER AND SELLER .
: If your property isnear a Manufacturing Zone operation, you may be subject to certain inconvenience s
and/or discomforts which are protected by law . In order for the Manufacturing Zone operation to b e
protected the following requiremens must . be satisfied;
(I) The Manufacturing operation must be conducted or maintained for commercial purposes ;
(2)The Manufacturing operation must be conducted or maintained in a manner consistent with proper and
accepted customs and standards as established and followed by similar Manufacturing operations in th e
same locality ;
(3)The Manufacturing operation predated the affected use(s) on your property ;
(4)The Manufacturing operation has been in existence for more than three years, an d
(S) The Manufacturing operation was not a nuisance at the time it began .
If your property is near an Manufacturing Zone in the City, which satisfies the above requirements, yo u
may at times be subject to one or more inconveniences'nrdtordiscomfort arising from that operation . Such
inconveniences may include (depending upon the type of Manufacturing Zone operation), but are no t
necessarily limited to, the following : noise, odors, fumes, dust, smoke, truck traffic, visual impacts night
time fighting, operation of machinery or other inconveniences or discomforts associated with the allowe d
Manufacturing Zone operations .
Seller certifies that the information herein is true and correct to the best of the Seller's knowledge as ofthe
date signed by the Seller.
Seller
Seller
BUYER(S) AND SELLERS MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND/O R
INSPECT IONS' OF THE PROPERTY ANDTO .PROVIDE FOR.APPROPRIATE PROVISIONS IN A
CONTRACT BETWEEN BUYER AND SELLER(S) WITH RESPECT TO AN Y
ADVICE/INSPECTIONS/DEFECTS .
1/W E ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT .
Seller _ Date
_
Buyer
Seller Date Buye r
Agent (Broker Repreawling Seller
) By
(Associate Licensee or Broker-Signature )
Date
Agent (Broker Obtaining the Offer)
(Associate Licensee or Broker-Signature )
Date
A REAL ESTATE BROKER ISQUALIFiED TO ADVISE ON REAL ESTATE . IF YOU DESIR E
LEGAL ADVICE. CONSULT YOUR ATTORNEY .
1 .01 .060.Severability
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason
held to be invalid or unconstitutional by the decision ofa court of competent jurisdiction,
such decision shall not affect the validity or the constitutionality of the remaining
portions of this ordinance . The Community Development Department, Planning Divisio n
hereby declares that it would have passed this ordinance and each section, subsection ,
sentence, chaise, or phrase thereof irrespective of the fact that any one or more sections ,
subsections, sentences, clauses, or phrases be declared invalid or unconstitutional .
SECTION 2 : This ordinance shall take effect and be in full force and effect thirty (30)
days after its passage ; and before the expiration of fifteen (15) days after passage of this
ordinance, it shall be published once with the names of the members ofthe Community
Development Department, Planning Division voting for and against the ordinance in th e
Tribune, a newspaper of general circulation published in the County of San Luis Obispo,
State of California
he::c :loWing are signatures to the iciter to the City of San Luis Obispo: Planning Commission dated 2/11/0 9
e arding Appliratlon Number 6P/R 123-08 & Rezoning in the proposed South Broad Street Corridor Plan .
lame Title Business Address Signature Date
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Ine followin g are signatures to th e lette r to th e City of Sa n Lui s Obispo Plannin g Commissio n date d 2/11/0 92eaardinnAnnliratinnNumharf'+PtR 19 _OR R.Dn7nninn in I-ha nraaabaA ea ..16 n w ._.a .-~~- ~_y W" W"cu .JU $.f DIUQU aGreeCL.urnaur rian .Name Title Business Address Si ' natur e
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Appendix 2
From the Draft South Broad Street Area Plan :
Page8
Opportunities for mixed-density residential, small-scale retail sales, offices, an d
neighborhood-serving uses will be created, while existing service an d
manufacturing uses are gradually transitioned to neighborhood-serving uses ,
such as small-scale workshops and work-live studios .
Page9
Land Us e
The area's primary -General Plan designation - Services and Manufacturing - i s
largely the result of the area's historic association with the railroad .
Development in the area began in the late 1880s as a residential subdivisio n
and was eventuall y
zoned under County jurisdiction as manufacturing . It was later annexed to th e
City as service-commercial/light industrial .
These land use designations no longer suit the City's contemporary urba n
pattern . As new housing and retail shops and services develop nearby, th e
more intensive service commercial and manufacturing uses can pos e
compatibilit y
issues due to noise, truck traffic, or other use characteristics .
The Airport area offers service-commercial and manufacturing zoned land wit h
larger lots, better access, and better public facilities than the South Broa d
Street area for these types of uses .
Page 2 1
The Area Plan also eliminates the M zone since additional land better suite d
for manufacturing and industrial-rand uses is now part ofthe City in the vicinit y
of
the airport .
Appendix 3
RECEIVE D
MAR 05 201 3
Grimes, Maeve
.1-v LI. i T c„LCrc K
From :
Sent :
To :
Subject
Chuck Crotser <ccrotser@gmail .com >
Tuesday, March 05, 2013 4 :09 P M
Grimes, Maev e
South Broad Street Area Plan
COUNCIL MEETING : ~.9.~/
ITEM NO .: v9/
To the San Luis Obispo City Counci l
I am sending this letter in support of the South Street Area Plan being considered by the City Council thi s
evening . I am unable to attend because of a prior commitment . I've had the opportunity to be a part of the focu s
group that has been working on this plan since its inception . It is a unique and creative approach in an area o f
transitional land-use . I believe that in the long term, the approach that is proposed will provide a vibrant mix o f
uses and accomplish, at least in part, the desirable goal of creating a "complete neighborhood" where pedestria n
connectivity is encouraged with less reliance on the automobile . This model has worked well in othe r
communities and could provide a way in which to accommodate growth in an integrated way, reducing o r
eliminating the potential for urban sprawl as our community grows .
As you might imagine, over the past several years, there has been lively discussion of how this concept migh t
be implemented . There is legitimate concern by some property owners regarding their right to continue thei r
businesses. I believe that City staff can certainly develop assurances that existing business will be protected a s
the plan evolves over a period of many years .
I fully endorse the goals and objectives of the South Broad Street Area Plan, and encourage Council and Cit y
staff to continue to work towards the successful implementation of this vision .
Sincerely,.... Charles Crotse r
CHARLES CRO7SER Architect A M
P O. Box 12528 -San Luis Obispo CA 93406
cell: 805-471-596 7
e-mail:ccrotse ecimaiLcorn
1
Grimes, Maeve
RECEIVE D
MAR 04 201 3
From:Lyons, Robin P. <rlyons@mullenlaw.com >
Sent :Monday, March 04, 2013 11:55 A M
To :Manx, Jan; Smith, Kathy, Carpenter, Dan ; Ashbaugh, John ; GrimaM MEETING :S/S/gCcLyons, Graham M.NO .:/Subject March 5, 2013 Meeting - City Council Agenda Item B .1 - South Broad Street Area P a nAttachments:Ltr to Mayor & Council Members 3-4-13 .pd f
To Hon . Mayor and Council Members -
Attached please find a copy of a letter from Graham Lyons to you of today's date regarding the above reference d
matter . If you have any questions or any trouble opening the attachment please let me know .
Thank you,
Robi n
Robin Lyons
Assistant to Greg Faulkner, Graham Lyon s
and Dennis Reilly
Mullen & Henzell L .L.P.
112 E. Victoria Street, Santa Barbara, CA 9310 1
ph : (805) 966-1501 ; fax : (805) 966-920 4
email•rlyons(a~mullenlaw.com;www.mullenlaw.corn
IRS Circular 230 Tax Advice Disclaimer : As required by U .S . Treasury Regulations governing tax practice, you ar ehereby advised that any written tax advice contained herein was not written or intended to be used (and canno tbe used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U .S . Interna lRevenue Code .
This message is sent by a law firm and may contain information that is privileged or confidential . If you receive dthis transmission in error, please notify the sender by reply e-mail and delete the message and any attachments .
Mullen & Henzell, L .L .P .
SLO CITYC1,ERK
t
Mullen & Henzell L .L .P.
ATTORNEYS AT LAW
RECEIVE D
MAR 0.4 201 3
SLO CITY CLER K
m h
J . ROBERT ANDREWS
JAY L. BECKERMAN
losses'F. GREEN
MACK S . STATO N
GREGORY F. FAULKNER
WILLIAM E. DEGEN
CHRISTINE P . ROBERT S
MICHAEL E . CAG E
LORI A, LEWIS
PAUL K. WILCOX
JARED M.KAT Z
DEBORAH K. BOSWELL
RAM6N R. GUPTA
GRAHAM M.LYON S
RAFAEL GONZALEZ
JANA S . JOHNSTON
LINDSAY G .SHINN
ROBERT D .DOMINGUEZ
JENNIFER ADKINS TOMLI N
JARED A . GREEN
DENNIS W. REILL Y
CHARLES S . BARGIE L
KIRK R . WILSON
Or CauNSF1
THOMAS M .MULLEN
1915-1991
ARTHUR A.HENZEL L
Rmno
e-mail : glyons@.mullenlaw.com
March 4, 2013 COUNCIL MEETING :t..S//.3
ITEM NO .:
Honorable Mayor and Council Member s
City of San Luis Obispo
990 Palm Stree t
San Luis Obispo, CA 9340 1
Re: March 5, 2013 City Council Agenda Item B .1- South Broad Street
Area Plan
Dear Hon . Mayor and Council Members :
This office represents property owners, business owners, landlords and tenant s
affected by the proposed South Broad Street Area Plan (the "Plan"). Our client s
embody the entrepreneurial spirit of the City : operating small businesses ;
employing a variety of people from Cal Poly engineers to skilled laborers ; creating
and manufacturing a variety of specialized products for use throughout the world ;
and providing necessary goods and services to the citizens of San Luis Obispo.
The businesses in the Plan Area represent a long tradition of successful startups and
family-owned companies. Unfortunately, the proposed Plan does not acknowledg e
the significant contributions made by these business owners to the City (bot h
economic and social). Under the Plan many of these businesses would eventuall y
be forced to close or relocate due to the new zoning regulations created by the Plan .
While we appreciate the City's desire to improve the South Broad Street corrido r
(and our clients do not oppose such a plan), the Plan must be revised t o
acknowledge and accommodate existing businesses and uses .
The City first began work on the Plan in 2004 (see Attachment 7 of the Counci l
Agenda Report, Item B .1 ("Staff Report")). As one can see from the Staff Report's
list of "Outreach Efforts" and "Public Hearings", the Plan has stumbled through th e
City Planning Process for several years with bursts of activity followed by years o f
silence. For example, the Plan appears to have lay dormant for well over two year s
before suddenly coming back to life four months ago . Before that, nothing o f
substance occurred after early 2009 . While the Staff Report states the City
conducted 25 Public Hearings on the Plan, in reality only 1 public hearing ha s
occurred in last three years . Similarly, the vast majority of "Outreach Efforts" dat e
back to 2004-2008 . This "start and stop" planning process has made it extremel y
difficult for the public to follow the progress of the Plan, much less articulatel y
engage in the planning process. Frankly, after years of delay many propert y
112 East Victoria Street Post Office Drawer 78 9
Santa Barbara, California 93102-0789
(805) 966-150 1
FAX (805) 966-9204
mh
Honorable Mayor and Council Member s
March 4, 201 3
Page 2
owners simply gave up trying to follow the City's progress, assuming the Plan wa s
abandoned .
The lack of continuity in the City's planning process over the past 11 years ,
coupled with the lack of public input – based largely on understandable perceptio n
among many property owners that the Plan was dead - may have led City staff t o
incorrectly assume the public supported the Plan . The Staff Report suggests th e
Plan reflects extensive input from property owners and is supported by the public .
We do not believe this is an accurate statement . Now that the public has been mad e
aware of the City's proposal to move forward with the Plan, we believe you will
discover the vast majority of people affected by the Plan do not support it in it s
current iteration .
The Plan fails to acknowledge the economic and social realities of the Broad Stree t
neighborhood and specifically those areas within the Plan area used by smal l
businesses and currently zoned Manufacturing (M).
Manufacturing (M)-zoned parcels make up nearly one-third of the total Plan area .
The vast majority of these parcels house successful owner-operated
manufacturing/production businesses . Under the proposed Plan, none of thes e
parcels would remain zoned M . The Plan basically deletes the zoning designatio n
that has allowed the majority of businesses in the Broad Street area to operate fo r
decades .
The Staff Report states no businesses will be required to relocate as a result of the
proposed zone change as existing businesses are "protected" by the City's
"nonconforming use" regulations found in Chapter 17 .10 of the City's Zoning
Ordinance . This is simply not true and directly contradicts the City's Zonin g
Ordinance . The Staff Report fails to acknowledge the codified intent of Chapte r
17 .10 (Nonconforming Uses). Chapter 17 .10 .010 states : "The intent of these
regulations is to prevent the expansion of nonconforming uses, establis h
circumstances under which they may be continued, and provide for their removal o r
change to a conforming use as soon as practical ." The City's mandate is clear –
remove nonconforming uses as soon as practical . To suggest Chapter 17 .1 0
"protects" nonconforming uses is not supported by the plain language of the
ordinance .
Once the underlying zoning changes, most of the 79 M-zoned parcels in the Pla n
area will be out of conformance with the City's zoning ordinance and applicabl e
specific plan . The nonconforming use provisions of the City's Zoning Regulation s
direct the City to remove these nonconforming uses "as soon as practical ." Even if
mh
Honorable Mayor and Council Member s
March 4, 201 3
Page 3
existing businesses are allowed to stay for a period of time, the Area Plan will
impede ongoing business operations, devalue existing businesses and underlyin g
property, and eliminate any possible growth or diversity of new manufacturing an d
production business opportunities .
The Staff Report suggests the City does not need manufacturing businesses in th e
Plan area because additional land "better suited" for manufacturing is now part o f
the City in the vicinity of the airport . This does not help existing business owner s
with property in the Plan area. Essentially the City is telling successful business
owners if they want to operate in the City of San Luis Obispo, they need to clos e
their existing businesses they have run for decades and relocate across town . Why
would a business owner do this? It is much more likely the business owner woul d
simply close up shop and move out of the City where land is less expensive and th e
political environment is more business friendly .
Rather than discourage successful businesses in the City and continue to mov e
forward with a flawed Plan, the City Council should take this opportunity to revis e
the Plan to encourage business operations in the Plan area while also creating a
gateway to the City along Broad Street . Contrary to the Staff Report's suggestion ,
these two concepts are not mutually exclusive . Most of the existing businesses i n
the Plan area are compatible with the proposed revisioning of Broad Street . While
many of these businesses are loosely categorized as "manufacturing" most do no t
fit the traditional definition of manufacturing .
"Manufacturing" has changed over the years and the City's zoning regulation s
should be updated to reflect these changes . While the Staff Report suggests a
majority of existing uses would be allowed under the proposed C-S zoning, there i s
no evidence to support this statement . The allowed uses in the C-S zone district (as
well as the M-zone district) are vague and do not accurately reflect the businesse s
currently found in the Plan area . For example, "Manufacturing-Light" is allowe d
in the C-S Area Plan zone, but "Manufacturing-Heavy" is not ; however, the Plan
provides no insight on what differentiates these two uses . Similarly, the Plan i s
silent as to many of the common "manufacturing" uses such as machine shops an d
fabrication of high-tech components .
Before moving forward with the Plan, the City should clarify the allowable use s
within the C-S and C-R zone district taking into consideration existing uses .
Alternatively, the City could adopt an overlay for the McMillan Avenue, Victori a
Avenue, Duncan Lane area. The new overlay could be designed to accommodate
mh
Honorable Mayor and Council Member s
March 4, 201 3
Page 4
the appropriate current uses while allowing the proposed Broad Stree t
improvements to move forward .
The City should reconsider its assumption that the current uses within the Plan are
inherently incompatible with the revisioned Broad Street . Many existing busines s
in the Plan area are far removed from the areas contemplated for residential
development . Furthermore, many of these businesses already operate near high -
density residential projects such as Villa Rosa .
While our clients appreciate the City's desire to create a new gateway along Broa d
Street, the City should not embrace a flawed plan at the cost of marginalizing thos e
citizens whose businesses, incomes, and livelihoods will be directly and negativel y
impacted. Given the state of the economy over the last several years, this is the
wrong time for the City to impose restrictions that make it even more difficult fo r
successful businesses in the City to operate . It also sends the wrong message t o
small business owners and property owners who have chosen San Luis Obispo a s
their home and place to do business . We would ask that your Council direct staff t o
revise the Plan to permit existing uses to continue under an overlay or hybrid zon e
district, rather than making these uses nonconforming .
Very truly yours ,
Graham M. Lyons o f
Mullen &Henzell L.L.P.
GML :rpl
GA20046\000fDOCS\GG5198AOCX
Grimes, Maeve
RECEIVE D
MAR 05 2013
SLO CITY CLER K
From :Marx, Ja n
Sent:Monday, March 04, 2013 7 :12 P M
To:Robert Vessel y
Cc:Grimes, Maev e
Subject RE : South Broad Stree t
Thank you for your thoughtful comment on this important issue, Bob . I am including our city clerk in this response, so i t
can be posted on the city website as agenda correspondence .
Jan Howell Marx
Mayor of San Luis Obisp o
(805) 781-7120 or (805) 541-271 6
From :Robert Vessely [vesselyr1745@gmail .com ]
Sent:Monday, March 04, 2013 10 :42 AM
To : Marx, Ja n
Subject :South Broad Street
Jan ,
I'm hearing from friends that there is some concern about the proposed South Broad Street Area Plan . Several peopl e
with light industrial businesses in the McMillan & Duncan Lane area have told me that they feel like they are bein g
driven out of town . Specifically I'm hearing that :
•There is no reasonably-priced industrial space available elsewhere in town .
•Adding residential units to an existing industrial area will inevitably lead to conflicts which the pre-existin g
industrial businesses can only lose . When work load demands it, some of these businesses operate 24 hours a
day .
•The current industrial businesses employ dozens of people whose jobs & paychecks will go elsewhere if th e
businesses are not allowed to expand with demand .
•Places like Atascadero and Grover Beach are more than happy to accept new industrial businesses; they see m
to be much more business-friendly .
I find it hard to imagine the McMillan & Duncan Lane area becoming a part of a mixed-use, "second downtown". It i s
physically separated from the Broad Street corridor, they are dead-end streets and are accessible only from Orcutt Road .
The existing businesses are quite, productive & compatible and some of the owners are feeling threatened by thi s
proposed Area Plan .
Thank you for listening ,
Bob Vessely
COUNCIL MEETING : S/6,3
ITEM NO .: 1,4/
1