Zoning Ordinance Amendment to Modify the Banks and Financial Service, Retail Use Definition and Permit Process in the Commercial Residential (CR) Zone ZOA 17-281 01.23.18 Sausalito City Council meeting Page 1 of 25
Zoning Map Page 2 of 25
Background The City Council directed Staff to work with the Planning Commission to study the CR (Mixed Commercial-Residential) zone: 7/26/16 City Council adopted an interim 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 8/30/16 City Council extended the moratorium to July 24, 2017 2/8/17 Planning Commission conducted Study Session #1 5/10/17 Planning Commission conducted Study Session #2 7/24/17 City Council extended the moratorium to July 11, 2018 9/6/17 Planning Commission conducted a Public Hearing Page 3 of 25
2016 CR Zone Survey Land Use Categories: Residential, Non-Residential (commercial, retail, service business, and office), and Mixed Residential/Non-Residential uses (typical example is commercial use on the ground floor with residential use above). % residential vs. non-residential 151 54% 128 46% Residential units 128 Non-residential units 151 Page 4 of 25
2016 CR Zone Survey Banks/Financial Services Page 5 of 25
Banks and Financial Services - Retail Current Definition 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 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 minimum retail criteria above shall be considered office use as defined later in this chapter. (SIC: Groups 60, 61, 62, 67.) Page 6 of 25
Study Session #1 On February 8 th, 2017, the Planning Commission reviewed the definition for banks and financial services retail and provided guidance on revising the definition and the appropriate level of discretionary review for the use in the CR Zone. Staff was directed to: 1. Refine the current definition for banks and financial services - retail by incorporating: Neighborhood-serving characteristics Focus on Walk-in customers Clearer separation between banks/financial institutions, retail and office uses 2. Revise the Land Use status to incorporate some level of discretionary review, focusing the discretionary criteria on: Preventing overconcentration of the use within the CR Zone and/or ground floor tenant spaces Relevant policies and programs within the Sausalito General Plan Page 7 of 25
Study Session #2 On May 10 th, 2017, Staff recommended the following 4 changes to the current definition: 1..Revise general public to neighborhood-serving, reinforcing the: Local-serving focus provided by the General Plan (Policies LU-2.10 and LU-2.13) Purpose of the CR Zoning District (SMC 10.24 Commercial Zoning Districts) 2..Replace the hours of operation stipulation with the term walk-in customers to Better distinguishes the Banks and financial services - retail use from the Office Banks and financial institutions that are not retail use (SMC 10.88 Definitions). 3..Remove the non-retail example uses that are included at the end of the definition Public comments from Study Session #1 brought attention to the notion that many of the CR Zone s financial institutions may technically be open to the general public, but primarily interface with clientele by scheduled appointment rather than through walk-ins (i.e. retail). 4..Remove the Standard Industrial Classification (SIC) Codes Page 8 of 25 Pulls the definition s allowable uses closer to the intent of the General Plan and Zoning Code.
Banks and Financial Services - Retail Current Definition 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 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 minimum retail criteria above shall be considered office use as defined later in this chapter. (SIC: Groups 60, 61, 62, 67.) Page 9 of 25
Banks and Financial Services - Retail Proposed Definition Neighborhood-serving institutions which serve walk-in customers for the primary purpose of servicing financial transactions on-site, including: Banks and trust companies; lending and thrift institutions. Such institutions that do not meet the criteria above shall be considered office use as defined later in this chapter. Page 10 of 25
Banks and Financial Services - Retail Revised Application Process Existing Proposed Page 11 of 25
CUP findings: A. The proposed use is allowed with issuance of a minor use permit, pursuant to Chapters 10.20 through 10.28 SMC (Zoning Districts Regulations), Chapter 10.44 SMC (Specific Use Requirements) or any other applicable section of this title. B. The proposed use is consistent with the general plan, the purposes of the Zoning Ordinance, and the purposes of the applicable zoning district. C. The proposed use, together with the applicable conditions, will not be detrimental to the public health, safety, or general welfare of the City. D. The proposed use complies with each of the applicable provisions of the Zoning Ordinance. E. The proposed use or facility is properly located relative to the community as a whole and to land uses and transportation and service facilities in the vicinity. F. The size and shape of the subject property is adequate to provide features needed to ensure reasonable compatibility with land uses normally permitted in the surrounding area. Features may include but not be limited to yards, open spaces, walls and fences, parking, loading, landscaping, and such features as may be required by this title or the Commission. G. Public utilities and facilities are or will be adequate to serve the proposed use, including streets and highways paved (and of adequate width) for the quantity and type of traffic it will generate. H. The proposed use will not materially adversely affect nearby properties or their permitted uses. I. Findings required by Chapter 10.44 SMC (Specific Use Requirements) for the approval of specific uses are made. [Ord. 1167 2, 2003.] Page 12 of 25
Proposed Zoning Ordinance Amendment SMC 10.24.020 Additional Purposes (Modified) SMC 10.24.030 Allowable Land Uses, Table 10.24-1 (Modified) SMC 10.44.340 Banks and Financial Service Retail in the CR District (New) SMC 10.88.040 Specialized terms and land use definitions (Modified) Amended Lanugage Format: Added Language Removed Language Page 13 of 25
Proposed Zoning Ordinance Amendment SMC 10.24.020 Additional Purposes The additional purposes of each commercial district are as follows: Mixed Commercial and Residential (CR): I. To provide a pedestrian-oriented downtown experience for local residents; and Page 14 of 25
Proposed Zoning Ordinance Amendment SMC 10.24.030 Allowable land uses - Table 10.24-1 Table 10.24-1 LAND USES ALLOWED IN COMMERCIAL DISTRICTS 1 Land Use CC CR CN SC CW W W-M See SMC Service Uses Banks and P P P SMC 10.44.340 (Banks and financial CUP financial service retail in services, the CR District) retail Page 15 of 25
Proposed Zoning Ordinance Amendment SMC 10.44.340 Banks and financial service retail in the CR District 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, pedestrian-oriented downtown experience. Page 16 of 25
Proposed Zoning Ordinance Amendment SMC 10.44.340 Banks and financial service retail in the CR District B. Applicability. Banks and financial services retail means neighborhoodserving institutions which serve walk-in customers for the primary purpose of servicing financial transactions on-site, including: Banks and trust companies; lending and thrift institutions. Such institutions that do not meet the criteria above shall be considered office use as defined later in this title. Page 17 of 25
Proposed Zoning Ordinance Amendment SMC 10.44.340 Banks and financial service retail in the CR District C. Conditional Use Permit Required. A Conditional Use Permit shall be required for any Banks and financial service retail establishment in the CR District consistent with SMC Chapter 10.60 (Conditional Use Permits). 1. The Banks and financial service retail establishment shall be located on the ground floor of all buildings. 2. In addition to the submittal requirements outlined in SMC 10.60.030, submittal shall include a written description of the proposed business and all services offered. Page 18 of 25
Proposed Zoning Ordinance Amendment SMC 10.44.340 Banks and financial service retail in the CR District D. Findings for Approval. In addition to the findings required by SMC 10.60.050, all of the following findings must be made prior to the issuance of a Conditional Use Permit for a Banks and financial service retail establishment in the CR District: 1. The Banks and financial service retail establishment will not result in an overconcentration of Banks and financial service retail establishments in its immediate vicinity or the City as a whole; and 2. The Banks and financial service retail establishment will contribute to the surrounding local-serving, retail businesses and the pedestrian-oriented experience of the CR Zone, and will be compatible with the surrounding residential uses. Page 19 of 25
Proposed Zoning Ordinance Amendment SMC 10.88.040 Specialized terms and land use definitions 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 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 minimum retail criteria above shall be considered office use as defined later in this chapter. (SIC: Groups 60, 61, 62, 67.) Banks and Financial Services, retail. See SMC 10.44.340. Page 20 of 25
General Plan Consistency Land Use and Growth Management Element Policy LU-2.10 Caledonia Street s Role. Enhance Caledonia Street s role as a mixed residential and commercial area by encouraging local/resident serving commercial uses and the preservations of housing; Program LU-2.10.4 Street Level Uses. Amend the zoning ordinance to require that commercial parcels locate local/resident serving retail and service/office outlets at the street level with preference being given to retail uses; Policy LU-2.13 Neighborhood Commercial Uses. Promote only those uses that will increase the diversity and economic vitality of local neighborhood commercial areas that serve the immediate neighborhoods. Page 21 of 25
Zoning Regulations Consistency SMC 10.24.020 Additional Purposes (for Commercial Zoning Districts) To provide for local-serving retail and service businesses and residential uses where mutually compatible; To provide for local-serving commercial uses; To provide a pedestrian-oriented downtown experience for local residents. Page 22 of 25
Recommendation Adopt the Draft Resolution and attached Zoning Ordinance Amendment to modify the definition of the Banks and financial service, retail uses and the permit requirements in the Commercial Residential (CR) Zone. Alternatively, the City Council may: 1. Deny the proposed Zoning Ordinance Amendment and direct Staff to prepare a Resolution with the specific findings for denial; 2. Continue the public hearing and provide Staff with specific direction for revisions to the proposed Zoning Ordinance Amendment. Page 23 of 25
Zoning Ordinance Amendment to Modify the Banks and Financial Service, Retail Use Definition and Permit Process in the Commercial Residential (CR) Zone ZOA 17-281 01.23.18 Sausalito City Council meeting Page 24 of 25
2016 CR Zone Survey Office Uses Page 25 of 25