CITY OF SAUSALITO PLANNING COMMISSION RESOLUTION NO

Transcription

1 CITY OF SAUSALITO PLANNING COMMISSION RESOLUTION NO A RESOLUTION RECOMMENDING CITY COUNCIL ADOPTION OF AN ORDINANCE AMENDING TITLE 1 O TO MODIFY THE BANKS AND FINANCIAL SERVICE, RETAil USE DEFINITION AND PERMIT PROCESS IN THE COMMERCIAL RESIDENTIAL (CR) ZONE ZOA WHEREAS, Sausalito Municipal Code (SMC) Title 10, Chapter 10.24, provides regulations on the allowable land uses in the commercial zoning districts; and WHEREAS, SMC Section allows for amendments to the Zoning Ordinance (Title 1 O of the SMC) whenever the City Council determines that public necessity, convenience, or welfare would be served; and WHEREAS, in May of 2016, concerns were expressed to the City of Sausalito (City) that the CR zone may be losing its resident-serving character due to a growing concentration of Office and "Banks and financial service, retail" uses; and WHEREAS, on July 23, 2016, the City Council adopted an ínterim urgency ordinance imposing a 45-day moratorium on the issuance of Occupational Use Permits for "Banks and financial service, retail;' uses in the CR Zone to allow the Planning Commission time to study the issue; and WHEREAS, this ínterim urgency ordinance was subsequently extended by the City Council for 1 O months and 15 days at its August 30, 2016 meeting and again for an additional 12 months at its July 24, 2017 meeting; and WHEREAS, on February 8, 2017, May 10, 2017 and September 6, 2017, the Planning Commission condücted duly-noticed public hearings at which time all interested persons were gíven an opportunity to be heard; and WHEREAS, the Planníng Commission is responsible for providing a recommendation to the City Council on proposed Zoning Ordinance amendments pursuant to SMC Section C and California Government Code Section 65855; and WHEREAS, the Planníng Commission finds that the ordinance is consistent wíth the General Plan and complies with the requírements of Title 1 O of the Sausalito Municipal Code as described in the Staff Report; and WHEREAS, the Planning Commission finds that the adoption of this Zoning Ordinance text amendment is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline Section b.3 as it can be seen with certainty that the action will have no possibility to cause a significant effect on the environment. NOW, THEREFORE, Tl le PLANNING COMMISSION HEREBY RESOLVES: The Planníng Commission recommends that the City Council adopt a Zoning Ordinance Amendment to Modify the "Banks and Financial Service, Retail" Use Definition and Permtt Page 1 Page 1 of 5

2 Process in the Commercial Residential (CR) Zone. The modifications are provided as Attachment 1.. RESOLUTION PASSED AND ADOPTED at the regular meeting of the Sausalito Planning Commission on the 6 th day of September, 2017 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Werner, Nichols, Kellerman, Pierce, Cleveland-Knowles Danny Castro Secretary to the Planning Commission ATTACHMENTS 1. Modifications \\ASTROBOY\data\CDD\sausalito access\projects - NON-ADDRESS\ZOA\2017\ZOA Banks and Financial Service, Retail in the CR Zone\PCRES doc Page 2 Page 2 of 5

3 PLANNING COMMISSION RESOLUTION NO XX SEPTEMBER 6, 2017 ZOA ATTACHMENT 1: MODIFICATIONS The following modifications are recommended for Title 1 O of the Sausalito Municipal Code (Zoning Regulations). The following format is used: Added language (Highlight and Boid) Removed language (Stril<ethrough nnd Boid) SMC Allowable land uses Existing: Table LAND USES ALLOWED IN COMERCIAL DISTRICTS 1 Banks and financial p p p services, retail Modifications: Banks and financial p p. p SMC services, - retail CUP (Banks and financial services - retail in the CR District) Banks and financial p CUP p SMC services - retail (Banks and financial services - retail in the CR District) Page 3 Page 3 of 5

4 SMC Banks and financial services - retail in the CR District Existing: None. A. Purpose. The purpose of the standards in this section regulate the location and operation of "Banks and financial service - retail" establishments in the CR District in order to promote commercial uses that are local/resident serving and appropriate for the Caledonia Street area and that will increase the diversity and economic vitality of the local and immediate neighborhoods. Furthermore, it is the intention of the City that an over-concentration of banks and financial service - retail establishments in the CR District not be allowed and that any conditionally-permitted establishments contribute to a well-functioning, pedestrianoriented downtown experience. B. Applicability. "Banks and financial services - retail" means neighborhood-serving institutions which serve walk-in customers for the primary purpose of servicing financial transactions on-site, including: Banks and trust companíes; lendíng and thrift ínstítutions. Such instítutions that do not meet the críteria above shall be considered "office" use as defined later in this chapter. C. Conditional Use Permit Requíred. A Conditional Use Permit shall be required for any "Banks and financial service - retail" establishment in the CR Distríct consistent wíth SMC Chapter (Conditional Use Permits). 1. The "Banks and financial service - retaíl" establishment shall be located on the ground floor of all buíldings. 2. In addition to the submittal requirements outlíned in SMC , submittal shall include a written description of the proposed business and all services offered. D. Findings for Approval. In addition to the findings required by SMC , all of the following findíngs must be made prior to the íssuance of a Conditional Use Permit for a "Banks and financial service - retail" establíshment in the CR District: 1. The "Banks and financial service - retail" establishment will not result in an overconcentratíon of bank and financial servíce - retaíl establishments in íts immediate vicinity or the City as a whole; and 2. The "Banks and financial servíce - retaíl" establishment will contribute to the surrounding local-serving retail, service businesses and the pedestrian-oriented experience of the CR Zone, and will be compatible with the surrounding residential uses. Page4 Page 4 of 5

5 SMC Specialized terms and land use definitions Existing: "Banks and financial services, retaíl" means financial institutions providing service to the general public and maintaining hours of operation for at least five days per week for a mínimum of eight hours per day, including: Banks and trust companies; lending and thrift institutions; credit agencies; brokers and dealers in securities and commodity contracts; security and commodity exchanges; holding (but not predominantly operating) companies; other investment companies; and vehicle finance (equity) leasing agencies. Such financial institutions that do not meet the mínimum retail criteria above shall be considered "office" use as defined later in this chapter. (SIC: Groups 60, 61, 62, 67.) Modifications:.!!.Banks and financial services-, - retail!.'.. means financial institutions providing service to the general public and maintaining hours of operation for at least five days per week for a minimum of eight hours per-d-ay, including: Banks and trust companies; lending and thrift institutions; credit agengies-rbr-e.l<ers and dealer-s--m-segu-rities and commedity contracts; seoomy--ammed-ity exchanges; holding (but not predemifla.n.perating} companies; Gthef.-ient-Gontf*H'lies; and vehicle finange-{eqüi-ty) leasing agencies. Such financial institutions that do not meet-the mínimum retail criteria-a-beve shall be considered "office" use as defined-later in this chapter. (SIC: Groups 60, 61, 62, 67.) See SMC Banks and financial service - retail. See SMC Page 5 Page 5 of 5