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HomeMy WebLinkAboutOrdinance 674 ORDINANCE NO. 674 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING THE ATASCADERO MUNICIPAL CODE, TITLE 9: PLANNING AND ZONING, APPROVING TEXT AMENDMENTS TO THE PLANNED DEVELOPMENT #12 OVERLAY ZONE DOVE CREEK MIXED-USE MONTAGE DEVELOPMENT, INC. (DEV23-0079) WHEREAS, an application has been received from Montage Development, Inc. (23945 Calabasas Road, Suite 116, Calabasas, CA 91302), Applicant and Seung M. Yoon (6130 Via Huerto Court, Atascadero, CA 93422), Owner, to consider a project consisting of a Zoning Text Change to Planned Development Overlay Zone No.12, a Vesting Tentative Tract Map, an Amendment to the Master Plan of Development (Conditional Use Permit), and Modification of the Parking Requirement and the Hotel Development Standards; and WHEREAS, the site’s current General Plan Land Use Designation is Mixed-Use Planned Development (MU-PD); and WHEREAS, the site’s current Zoning Designation is Commercial Retail (CR) with a Planned Development No. 12 (PD 12) overlay; and WHEREAS, PD12 was established in 2004 with the approval of the Dove Creek Development and modifications to the zoning overlay district are necessary for consistency with the revised Master Plan of Development; and WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact amendments to Planned Development Overlay #12 for consistency with the revised Master Plan of Development, including incorporation of land use definitions updated between overlay zone adoption in 2004 and today; and WHEREAS, the site has previously been identified by the City Council as a key development opportunity site for future mixed-use/residential development (in commercial zoning districts) with a maximum allowable density of 24 units per acre; and WHEREAS, the minimum lot size in the CR zoning district is 2 acres; and WHEREAS, smaller lot sizes are allowed for commercial projects that provide shared access and parking and are designed as an integrated commercial center; and City of Atascadero Ordinance No. 674 Page 2 of 7 WHEREAS, the proposed subdivision will result in seven parcels ranging from 0.33 to 2.74 acres with allowances for residential and/or commercial condominium airspace units on each parcel to accommodate individual sale of residential units and commercial tenant spaces; and WHEREAS, the Atascadero Municipal Code allows for the establishment of custom Planned Development Overlay Zones to create custom zoning for unique projects and allow for a mix of commercial and residential uses that would otherwise not be permitted by underlying zoning; and WHEREAS, shared parking and access easements are required to be recorded to ensure that all parcels have legal access from the adjacent rights-of-way; and WHEREAS, the project was reviewed by the Design Review Committee at their regularly scheduled meeting on September 14, 2023; and WHEREAS, a timely and properly noticed Public Hearing upon the subject application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said application; 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. Planning Commission Recommendation. The Planning Commission of the City of Atascadero, on May 21, 2024, held a timely and properly noticed Public Hearing upon the subject Title 9 Atascadero Municipal Code amendments in association with the Amendment to the Master Plan of Development (CUP 2003-0099), Vesting Tentative Tract Map (TR 3229), at which hearing evidence, oral and documentary, was admitted on behalf of said amendments and the Planning Commission recommended that City Council approve the proposed text amendments. SECTION 2. Public Hearing. The City Council of the City of Atascadero, at a Public Hearing held on June 25, 2024, considered testimony and reports from staff and the public and introduced for first reading, by title only, an Ordinance amending Title 9 of the Atascadero Municipal Code. SECTION 3. Facts and Findings. The City Council makes the following findings and determinations for approval of the proposed text amendments: A. Findings for Zone Text Amendment: 1. FINDING: The proposed project or use is consistent with the General Plan, and all other applicable ordinances and policies of the City. City of Atascadero Ordinance No. 674 Page 3 of 7 FACT: The General Plan has designated the project site as Mixed-Use Planned Development which allows a mixture of commercial, office, and residential uses with a focus on pedestrian orientation and connections between different uses throughout the project area. The General plan allows for a horizontal or vertical mixture of uses with the approval of a Planned Development Overlay Zone and an accompanying Master Plan of Development. Planned Development #12 and a Master Plan of Development were previously approved for the project site. The proposed text amendment establishes a maximum residential density of 71 residential units for the project site, which is consistent with the 24 du/ac maximum residential density that is allowed for mixed-use developments in commercial zoning districts. 2. FINDING: The establishment and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and FACT: The proposed development will be located at the intersection of Santa Barbara Road and El Camino Real. As proposed, the commercial uses will be adjacent to El Camino Real and the residential uses will front Santa Barbara Road, Bliss Street, and Cashin Street. Adequate access to the site is provided off Cashin Street and Bliss Street per the originally approved Dove Creek master plan. The site design has been reviewed by all City departments for consistency with code requirements. Impacts have been analyzed through the previously certified Initial Study/Mitigated Negative Declaration (MND) No. 2004-0026. As conditioned, the project will not be detrimental or unsafe to those working, visiting, or living on the project site or those within the surrounding neighborhoods. 3. FINDING: The proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and FACT: The proposed project is within the existing Dove Creek neighborhood, comprised of small-lot single-family residences fronting Bliss Street and Cashin Street. The project has been designed to focus residential uses adjacent to existing residential units with the proposed 2-story residential buildings fronting Bliss and Cashin Streets, and the 3-story residential building fronting Santa Barbara Road. The development pattern of the proposed project is similar to the conceptual site plan that was originally approved to be the commercial component of the Dove Creek Master Plan. Commercial uses have been internal to the project site or adjacent to El Camino City of Atascadero Ordinance No. 674 Page 4 of 7 Real to provide a visual buffer between existing residences and the higher-intensity commercial and multi-family uses. 4. FINDING: The proposed zone change will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts; and FACT: A Mitigated Negative Declaration (MND) No.2004-0026 was certified by the City Council on September 14, 2004. The MND evaluated the entire Dove Creek Master Plan and specifically analyzed the potential impacts of a commercial development on the project site that included 60,000 SF of future commercial retail space, including a 26,500 SF anchor tenant. While the residential villages identified in the analyzed project have been built and occupied as planned, the commercial center never developed and is now the location of the proposed mixed-use project. To supplement the analysis of the previously certified MND for the project site, the applicant prepared a series of comparative analyses to evaluate whether the project would result in a greater impact to resources that previously identified. The applicant team provided analyses related to traffic and sewer capacity. The traffic analysis showed a reduction in anticipated peak hour trips based on the proposed mix of land- uses. The sewer capacity analysis showed that, while there will likely be an increase in peak flows, the sewer lines as designed are sized appropriately to accommodate the proposed development. 5. FINDING: The proposed zone change is consistent with the CEQA Findings. FACT: The proposed text amendment is minor and will not result in an environmental impact. A mix of commercial and residential uses is allowable in the Commercial Retail zoning district and PD 12. B. Findings for Planned Development Overlay Zone 1. FINDING: The modification of development standards or processing requirements is warranted to promote orderly and harmonious development FACT: The proposed project includes commercial uses that are distinctive, attractive, and can contribute to the long-term economic viability of the community. The mix of residential and commercial uses on the project site will contribute to the viability of the commercial tenants. The proposed site plan and conceptual landscape plan include pedestrian walkways that connect to existing pedestrian walkways within the broader neighborhood. All proposed uses will utilize a singular looped driveway access and parking will be shared. The project site was previously identified and approved for commercial development within the existing Planned Development zoning designation and the Master Plan for The Villages of Dove Creek. The project will maintain and enhance the existing street trees and landscaping that pedestrians in this neighborhood are accustomed to. City of Atascadero Ordinance No. 674 Page 5 of 7 2. FINDING: The modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area FACT: The proposed project includes a mix of commercial uses that generate sales and transient occupancy tax revenue that the city can use to further support public services. The proposed short-term rental hotel units will provide a service that doesn’t exist near the City’s south gateway and is in growing demand. 3. FINDING: The benefits derived from the overlay zone cannot be reasonably achieved through existing development standards for processing requirements FACT: The Commercial Retail zone allows for mixed-use development with up to 24 units per acre. Generally, residential units must be located above ground-floor commercial space. Residential uses may only be located on the ground floor with the approval of a planned development overlay zone. As the project site is located within PD12, an amendment to the Master Plan of development and overlay zone allows for the proposed configuration. The addition of ground floor residential uses within the proposed mixed-use development will serve as a transition between the existing residential use along Bliss and Cashin Streets and the commercial uses within the project site core and along El Camino Real. The addition of residential uses on the ground floor of the proposed mixed-use development will also help the city achieve its Regional Housing Needs Allocation (RHNA) objectives. 4. FINDING: The proposed plans, if any, offer certain redeeming features to compensate for requested modifications FACT: The City Council has adopted a policy listing potential benefits for consideration when approving a Planned Development overlay zone. The Dove Creek Project was found to provide community benefit during the original approval of the project in 2004. Per City Council policy, benefits include high-quality architectural and landscape design, buffering between uses, higher density to meet Housing Element goals, pocket parks, and walkways for pedestrian connectivity. Modification of the Master Plan of Development for the 5-acre commercial site will not significantly change the nature and community benefit of the project, however, the added community-based commercial uses and increased housing opportunities will enhance the community benefit provided in the Dove Creek development. As designed and conditioned, the proposed amended project meets the findings for approval. City of Atascadero Ordinance No. 674 Page 6 of 7 SECTION 4. CEQA. Because of the facts set forth in Section 3, the proposed zone text amendment is exempt from further environmental review under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (14 California Code of Regulations §§ 15000, 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)(5), 15061(b)(3). SECTION 5. Approval. The City Council of the City of Atascadero adopts the proposed text amendments to the Atascadero Municipal Code, as shown in the following exhibit: 1. Exhibit A: Planned Development #12 Overlay Zone Amendment SECTION 6. Interpretation. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. SECTION 7. Preservation. Repealing of any provision of the Atascadero Municipal Code or of any previous Code Sections, does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 8. Effect of Invalidation. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the Atascadero Municipal Code or other City Ordinance by this Ordinance will be rendered void and cause such previous Atascadero Municipal Code provision or other City Ordinance to remain in full force and effect for all purposes. SECTION 9. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 10. Notice. The City Clerk is directed to certify the passage and adoption of this Ordinance, cause it to be entered into the City of Atascadero’s book of original ordinances, make a note of the passage and adoption in the records of this meeting and within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 11. Effective Date. This Ordinance will take effect on the 30th day following its final passage and adoption. City of Atascadero Ordinance No. 674 Exhibit A EXHIBIT A: PROPOSED MUNICIPAL CODE TEXT AMENDMENT – TITLE 9 § 9-3.657 Establishment of Planned Development Overlay Zone No. 12 (PD12). Planned Development Overlay Zone No. 12 is established as shown on the official zoning maps (Section 9-1.102 of this title). A Planned Development Overlay Zone No. 12 is established on all parcels within Tract 2626 including any future subdivision thereof with a total gross acreage of 63.3 acres. The maximum residential density within the planned development shall not exceed 350 residential units, including a maximum base residential density for the vacant commercial site at 71 residential units, consistent with the previous environmental analysis for the project site. A minimum 5.19-acre commercial retail property and 27.7 acres of common and natural open space on the 63.3-acre project site shall be provided. The development standards contained within the master plan of development document (CUP 2003-0099) and DEV23-0079, as conditioned shall be applied to all future development within the project area, and as follows: (a) The Vesting Tentative Tract Map (TTM 2003-0033) and Vesting Tentative Tract Map (TR 3229) and any subsequent amendments for the site shall be consistent with CUP 2003-0099 and DEV23-0079. All construction and development shall conform to the approved master plan of development, as conditioned. (b) No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved master plan of development. (c) The commercial area, residential dwelling units, landscaping, walls, and fencing shall be subject to review under the City's Appearance Review requirements consistent with the approved master plan of development. (d) Building setbacks lot sizes, landscape area, and lot coverage shall be as identified within the approved master plan of development. (e) Alterations or additions to established dwelling units shall be subject to the density and development standards of the master plan of development. (f) Subsequent amendments to the master plan of development shall be approved by Planning Commission Resolution. (g) The commercial center will retain the Commercial Retail zoning district designation. The following allowable uses are proposed for this district within the PD12 overlay zone: 1) Artisan Food and Products; 2) Bar / Tavern; 3) Farmer’s Market; 4) Food and beverage retail sales; 5) General Retail; 6) Indoor Recreation Services; 7) Microbrewery / Brewpub; 8) Tasting Room; 9) Winery – Boutique; 10) Temporary or seasonal sales; 11) Temporary offices; City of Atascadero Ordinance No. 674 Exhibit A 12) Personal services; 13) Eating and drinking places; 14) Hotels and motels; 15) Bed and breakfast; and 16) Temporary events. (h) The conditionally allowed uses within the Commercial Retail zone shall be limited to the following: 1) Amusement Services; 2) Financial Services; 3) Indoor Recreation Services; 4) Membership Organizations; 5) Multi-Family Dwelling; and 6) Offices. (i) All residential and open space use shall be consistent with the requirements of the underlying zoning district except as allowed by the master plan of development.