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HomeMy WebLinkAboutPC Resolution 2022-0005PC RESOLUTION 2022-0005 PD -36 OVERLAY DISTRICT APPROVEC!, �v LIAR 1 a 2022 CffY OF ATASCADERO PLANNING ZONING CODE TEXT AMENDMENT RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ESTABLISHING A PLANNED DEVELOPMENT OVERLAY DISTRICT #36 CODE TEXT 5901 WEST MALL CENTENNIAL PLAZA ZONING MAP AMENDMENTS (ZCH22-0022) WHEREAS, the City of Atascadero is enacting Planning Application ZCH 22-0022 to rezone lots 12 through 17 (APN 029-347-020) to establish PD#36 overlay zone; and WHEREAS, Article 28 of the Atascadero Municipal Code allows for the creation of Planned Development Overlay Zones to promote orderly and harmonious development and to enhance the opportunity to best utilize special site characteristics; and WHEREAS, the Planning Commission has determined that it is in the best interest of the City to add the Planned Development zone to these important downtown sites to promote the health, safety and welfare of its citizens by applying orderly development standards while enhancing the synergy and commerce opportunities within the prime retail district surrounding Sunken Gardens and the creek path; and WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and WHEREAS, a timely and properly noticed Public Hearing upon the Planned Development rezoning was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said zoning text amendments; and WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on March 15, 2022, studied and considered the proposed zone text change to establish Planned Development Overlay Zone 436. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Atascadero makes the following findings, determinations and recommendations with respect to the proposed Zoning Code Text Amendment: SECTION 1. Recitals: The above recitals are true and correct. SECTION 2. Public Hearin,. The Planning Commission of the City of Atascadero, in a regular session assembled on March 15, 2022, resolved to recommend that the City Council introduce for first reading, by title only, an Ordinance that would amend the City Zoning Code Text as shown in Exhibit A, attached hereto and incorporated herein by this reference. SECTION 3. Facts and Findings. The Planning Commission makes the following findings, determinations and approvals with respect to the Zone Text Amendment: A. Findings for Approval of a Zone Text Change FINDING: (i) The Planning and Zoning Text Change is consistent with General Plan policies and all other applicable ordinances and policies of the City. FACT: The proposed zone text amendments align the code requirements with the vision, intent, and policies of the adopted General Plan. FINDING: (ii) This Amendment of the Zoning Ordinance will provide for the orderly and efficient use of lands where such development standards are applicable. FACT: The proposed text amendment provides for orderly development within the Downtown Commercial zoning district on lots 12 through 17 (APN 029-347-020) in accordance with the adopted General Plan for the compatible use of the properties based on neighborhood characteristics. FINDING: (iii) The Text Change will not, in itself, result in significant environmental impacts. FACT: The proposed text changes are minor and do not trigger any environmental impacts. SECTION 4. CEQA. The proposed zoning text change is exempt from the California Environmental Quality Act (CEQA), Public resources Code Section 21000 et seq., because it can be seen with certainty that there is no possibility that the enactment of this Ordinance would have a significant effect on the environment (Pub. Resources Code § 21065; CEQA Guidelines §§ 15378(b)(4), 15061(b)(3). SECTION 5. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on March 1, 2022, resolved to recommend that the City Council introduce, for first reading, an ordinance that would amend the Atascadero Municipal Code to Establish Planned Development Overlay Zone #36 as detailed in Exhibit A, attached hereto and incorporated herein by this reference. BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner Anderson, and seconded by Commissioner Heath, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Commissioners Anderson, Carranza, Heath, Schmidt, van den Eikhof (6) NOES: None (0) ABSTAIN: None ABSENT: Commissioner Hughes ADOPTED: March 15, 2022 CITY OF ATASCADERO, CA n en i ho Planning Commission Cha' n Attest: Phil Dunsmore Planning Commission Secretary (0) (1) EXHIBIT A: Zone Text Change - Planned Development Overlay No.36 Text ZCH22-0022 9-3.680 Establishment of Planned Development Overlay No. 36 Planned Development Overlay Zone No. 35 is established as shown on the official zoning maps (Section 9-1.102 of this title). A Planned Development Overlay Zone No. 35 is established on parcels APN's 049-063-003, 004, 049-071-029, 030 (Parcels 1-4 of AT02- 278). (A) All site development or significant modifications, beyond ADA or code required changes, to the site or exterior changes of any building shall require Design Review Committee review. (B) The following uses are allowed within the PD -36 overlay zone on the ground floor: 1. Artisan Foods and Products 2. Bar/Tavern 3. Eating and Drinking Places 4. General Retail` (with additional parameters- see below) 5. Microbrewery — Brewpub 6. Tasting Room 7. Winery — Boutique (C) The following uses are allowed within the PD -36 overlay zone above the ground floor: 1. All uses as allowed on ground floor list 2. Business Support Services 3. Live/Work Unit 4. Lodging/hotel/motel/vacation rental (D) Property Development Standards 5. Multi -family Dwelling 6. Personal Services 7. Offices 1. Front yard setback: 10 -foot building setback shall be required for habitable portions of the building, setback may be utilized for outdoor dining, awnings, non -habitable building projections, signs, and other features designed to enhance the public space. 2. Parking: No on-site parking shall be allowed. Parking required for residential uses shall be required at the rate of one space per two bedrooms (minimum one space per unit), to be located off-site within 1,000 feet of the property boundary and provided in perpetuity through an off-site parking agreement. 3. Height: 45 Feet, maximum of three stories. Use of roof area permitted for ground floor or upper floor uses to include elevator shaft above the height maximum if required. Site and Building Design 1. A single development project shall be completed on the north east side of the plaza, or as one cohesive project on all of the lots. 2. Building designs may bridge the plaza space when a minimum vertical clearance of 16 feet is maintained and a minimum plaza width of 20 feet is maintained. When portions of buildings cover the plaza, provisions for natural light, ample visibility, and unrestricted public/pedestrian access, shall be maintained. 3. Building architecture shall complement, but not duplicate, City Hall. Designs that incorporate brick, extensive glazing, tile roofs, balconies, and opportunities to utilize outdoor spaces shall be strongly encouraged. 4. Recessed building entries with a depth of at least six feet, transom windows, and glazing along East Mall that allows 60% visibility into the ground floor space shall be required. Glazing shall not be blocked by interior walls or panels. 5. Encroachments that provide for outdoor dining shall be encouraged at Centennial Plaza and the public sidewalk while maintaining a minimum path of travel of 8 feet on the plaza and 6 feet on public sidewalks. 6. Fire Backflow Devices. Fire backflow devices are required to be integrated into the site or building design, are prohibited in any public right-of-way, and must be accessible to Fire Department and Water Company personnel at all times. 7. Building coverage: No limit. Each successive floor shall reduce interior floor space by 10% 8. Stormwater: No above ground stormwater retention may be allowed on-site in excess of 400 square feet over the entire Planned Development 9. Native Trees: No Heritage trees shall be impacted or removed by proposed development. Native trees that contribute to the tree canopy of Centennial plaza, the parking lot, and the creek pathway should be preserved in place and protected during construction as feasible. Some native trees may need to be pruned or removed to accommodate appropriate site development. Any tree removals shall be subject to the City's Native Tree ordinance. 10. Public Restrooms: Public restrooms shall be provided to customers during open business hours in a location that is accessible from the ground floor. Development Incentives Commercial floor area dedicated solely to eating and drinking places shall be eligible to request a deferment of development impact fees and capacity charges subject to a condition to retain such land uses in perpetuity. A change to a non -eligible land use following project completion and/or occupancy will require the payment in full of any development fees that have not yet been paid.