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HomeMy WebLinkAboutCC_2021_06_09_Public CommentPage 1 of 5 An Examination of Atascadero Municipal Code 9-2.110 IV D as it relates to Dove Creek Self Storage Introduction The Atascadero Municipal Code contains the requirements for the approval of a Conditional Use Permit (CUP) in section 9-2.110. This purpose of this examination is to determine if the Dove Creek Self Storage proposal meets the requirements of Atascadero Municipal Code 9-2.110 IV D; “The proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development.” Dove Creek Self Storage Description The Dove Creek Self Storage proposal would be located at 11405 and 11505 El Camino Real, Atascadero, California. The facility would have five (5) buildings with a building footprint of 47,250 square feet with a total square footage of 61,740 on 4.2 acres. The business use of the facility is for storage of household and business items. Architectural Design and Style The buildings of Dove Creek Self Storage feature agrarian inspired design. This style generally demonstrates a rustic and rural feel. The buildings are single story with the exception of one two-story building. The two-story building is built into the natural slope of the parcel and thus appears single-story on one side. Zoning Dove Creek Self Storage is located on two parcels that are zoned Public (P). The Atascadero Municipal Code defines the Public Zone as; “This zone is established to provide suitable locations and standards for the maintenance and development of public and quasi-public facilities and services.” The properties surrounding the subject property includes six (6) different zone classifications; Commercial Neighborhood (CN), Public (P), Residential Multi-Family 10 (RMF-10), Residential Multi-Family 20 (RMF- 20), Open Space (OS) and Parks (P). The allowable uses within these zones include; Adult Daycare, Daycare, Mobile Homes, Multi-Family, Assisted Living, Single Family Dwelling, Temporary Events, Ag Produce Stands, ATM, Childcare Center, Recycle Collection Center, Eating & Drinking Places, Financial Services & Banks, General Retail, Government Offices & Facilities, Libraries, Museums, Micro Brewery, Mobile Eating & Drinking Vendors, Offices, Personal Services, Assisted Living, Tasting Room, Temporary or Seasonal Sales, Utility Infrastructure, Parks & Playgrounds, Broadcast Studios, Farmers Market, Indoor Recreation Services, Outdoor Recreation Services, Parking Lots, Public Assembly & Entertainment, Schools, Temporary Office, Accessory Storage, Amusement Services, Bed & Breakfast, General Retail, and Membership Organizations. These listed allowable uses do not include the uses allowed with a Conditional Use Permit (CUP). Page 2 of 5 Defining “Neighborhood” and “Immediate Neighborhood” Neighborhood can be defined by its geography, its ethnic or racial makeup, its architectural style, its history, its function (multi-family housing, for instance), its political status (precinct, school district), its gathering places (pubs, social clubs), its transportation hubs, or its designation by civic authorities. In addition to its residential component, a neighborhood is made up of the landmarks, historic buildings and monuments, parks, stores and services, municipal or other government offices, transportation features (roads, railroad tracks, bus and subway stops, etc.), and industry contained within its boundaries. Immediate Neighborhood is the area that has direct contact with the subject property, and not separated by space. In land planning and land use the immediate neighborhood is generally limited to the adjoining properties but it can be even further reduced in size. Road types & classifications also can influence what is considered an “immediate neighborhood”. Defining “Compatible” The term compatible is used in many locations in the code, but no definition is provided. One general definition that is widely accepted; a development, building and/or land use that is designed to be able to exist or occur without conflict with its surroundings - in terms of its uses, scale, height, massing and location on its site. Or one can view other municipal codes that seek to qualify the term ‘compatible’ by way of a series of questions: 1. Does the proposed development fully comply with the applicable Municipal Code requirements? 2. Is the design of the proposed development compatible with the distinctive architectural character of the neighborhood and with the desirable qualities of the neighborhood surrounding or adjacent to the project? 3. Is the size, mass, bulk, height, and scale of the proposed development appropriate for its neighborhood? 4. Is the design of the proposed development appropriately sensitive to adjacent City, State, or National Landmarks and other designated historic resources, including designated historic structures of merit, sites, or natural features? 5. Does the design of the proposed project respond appropriately to established public views? 6. Does the design of the proposed development include an appropriate amount of project open space and landscaping? Defining “Orderly Development” The term “orderly development” is not defined in the Atascadero Municipal Code. The courts have defined it as “will the proposed project unduly interfere with the orderly development of the neighborhood” as opposed to isolated impacts on a limited number of residences or businesses (Impact Food Sales v Evans). Discussion and Separation of the Standards For the analysis of the Municipal Code section 9-2.110 it is best to examine it as two separate requirements. “The proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development” will be reviewed separately as; “The proposed project or use will not be inconsistent with the character of the immediate neighborhood” and “The proposed project or use will not be contrary to its orderly development of the immediate neighborhood.” Page 3 of 5 The proposed project or use will not be inconsistent with the character of the immediate neighborhood This standard is not defined in the Atascadero Municipal Code so it is unclear if its purpose is to regulate design (aesthetics), proposed uses, or both. We will assume therefore that the City’s intention is to analyze both as per the plain language of the statute. The proposed project supports an excellent example of design that compliments the rural nature of Atascadero. It also offers a great example of land use transition that is complicated by the six neighboring zoning classifications. Dove Creek Self Storage is consistent with the neighborhood design including height, setbacks, massing, design standards, landscape and lighting. The proposed use of the project is benign. Self-storage has a history of no negative impacts on noise, traffic, crime, or overutilization of resources (i.e., water, power, wastewater generation). The usage would have less impact than most of the uses that are allowed by right (per the existing zoning). The most significant aspect of this statute is the term “immediate neighborhood”. The immediate neighborhood to Dove Creek Self Storage is limited to Commercial Neighborhood (CN) and Public (P) zoned properties. These zones are non-residential zone classifications. The design and appearance of the Dove Creek Self Storage meets the standard of being consistent with the character of the immediate neighborhood. If you examine beyond the immediate neighborhood, which the statute is limited to, the proposed project remains consistent and offers a transition between properties with multiple zoning classifications. The proposed project or use will not be contrary to its orderly development of the immediate neighborhood. The immediate area currently consists of a neighborhood liquor store, three empty parcels in the Commercial Neighborhood Zone, and one residence located on the Public Zone property. The parcels for the Dove Creek Self Storage were listed for sale in excess of five (5) years. In fact the argument could be made that the project would encourage further the orderly development of the immediate neighborhood. Conclusion The Public Zone provides a land use transition between the six (6) neighboring zones. The adjacent Commercial Neighborhood Zone is designed to serve the limited shopping and service needs of the immediately surrounding residential area. Dove Creek Self Storage will also provide a needed service to the surrounding residential neighborhood and will complement the Commercial Neighborhood businesses and the adjacent residential uses that are already developed. Dove Creek Self Storage does meet or exceed the standard of “The proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development.” The limitation of the statute to the immediate neighborhood only further strengthens the fact that Dove Creek Self Storage fulfills this requirement. Comments Self-storage has traditionally been restricted to industrial zoning. That trend has recently begun to cease as cities recognize the need to preserve industrial zoning for job creation. Local governments are taking an active role in determining where self-storage best fits and suits the needs of the community. A Page 4 of 5 growing number of cities now allow self-storage in residential zoned property with the goal of placing services where they are needed. High quality and thoughtful design have made this possible. Our analysis did not analyze road classification. It is worth noting that the subject property is bordered by an arterial road and a collector road, both of which are not found in residential neighborhoods. Local roads service neighborhoods. This further demonstrates that Dove Creek Self Storage is not part of the neighborhoods across El Camino Real nor Viejo Camino. This further demonstrates that Dove Creek Self Storage is part of a transition zone between neighborhoods on opposite sides of El Camino real and Viejo Camino. Page 5 of 5 ABOUT THE AUTHOR Jay D. Higgins, AICP Mr. Higgins is a land use planning consultant with 35-years of professional experience. Organizations or individuals that hire him are typically developers, property owners or their tenants, public agencies and law firms that require his independent representation and management through the acquisition and development review process. In his spare time, he serves on the City of Santa Barbara Planning Commission and on various non-profit boards where he promotes leadership opportunities in the real estate and land use community. He has two degrees: a BA from UCSB in Environmental Studies and Urban Planning, and a MA from Antioch University in Organizational Management. For 10 years, he traveled nationally as a project manager and land planner in the telecommunications, public affairs and mining industries; and internationa lly in Honduras for the Inter-American Development Bank. His non-profit experience extends well into the housing and land use industry with a 6 -year term on the local Habitat for Humanity Board of Directors (three on their Executive Committee), and an eight year term on the local American Planning Association Board of Directors (two as their Director) and a separate two-year term on the California Chapter of the American Planning Association as their Planning Commission Representative. He is a 20-year member of the American Institute of Certified Planners whose mission is to repre sent the rights of others in the community planning process, and to provide educational outreach and advocacy for sound, sustainable and ethical decision making in local government. He has held a California Department of Real Estate Sales License for 10-years. Jack R. & Barbara Bridwell Atascadero, CA 92422 June 8, 2021 To the City Council: RE: Dove Creek Mini Storage Project 11450 and 11505 El Camino Real. It is very frustrating and disheartening that we must continually make our voices heard in opposition to the same project being presented over and over with minor revisions. Thrown at us again and again until we wear down and succumb! This proposed project is STILL NOT CONDUSIVE to our family neighborhood at the southern gateway of Atascadero. The City Council made the correct decision the first time. My husband and I live next door to this project in a 1914 Colony Home. It is causing us great anxiety that our property may be destroyed due to flooding above ground and the very real and past experienced underground flooding. We would love to get behind and fully support a project that falls under the existing General Plan, current zoning and LOC Policy 8.2. Such as a public pool, sports facility and Pavilion, etc. We are pleading to your better judgement, care and concern for our neighborhood and the Southern Gateway to our great city. Please do not approve DEV 20-0076 Dove Creek Mini Storage as it does not fit with our beautiful family neighborhood. To authorize the destruction and rerouting of the existing wetlands and blue line creek flies in the face of LOC Policy 8.2. It would be destined to cause permanent damage to our Historical 1914 Colony Home. Sincerely, Jack & Barbara Bridwell