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HomeMy WebLinkAboutOrdinance 685ORDINANCE 685 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING TITLE 9, PLANNING & ZONING, TO ADD EXTENDED OCCUPANCY HOTEL/MOTEL TO THE LAND USE DEFINITIONS AND ESTABLISHING STANDARDS FOR SUCH USES EXTENDED OCCUPANCY HOTELS AND MOTELS (ZCH24-0107) WHEREAS, the City of Atascadero (6500 Palma Ave., Atascadero, CA 93422), is considering Zone Change Text Amendments to Title 9; and WHEREAS, Hotels, Motels and other transient lodging facilities are commercial uses and are intended to serve the traveling public; and WHEREAS, current City code requires all hotels and motels to limit occupancy to 30 days or less and prohibits extended occupancy to remain a commercial transient lodging use; and WHEREAS, enaction of these code provisions provides transient lodging operators a benefit by allowing them an option to offer extended occupancies to transient clients on a limited basis, which is otherwise disallowed by the City, through an Extended Stay Administrative Use Permit; and WHEREAS, Atascadero Municipal Code section 9-6.186 requires that permittees with an approved Extended Stay Administrative Use Permit enter into an agreement that authorizes a fee associated with granting of the permit and requires certain performance standards be met associated with the use; and WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact amendments to Title 9 Planning and Zoning of the Atascadero Municipal Code for consistency with the General Plan and to maintain a clear and legible set of Zoning Regulations that is easily interpreted by the public and staff; and WHEREAS, a timely and properly noticed Public Hearing upon the subject Planning and Zoning Text Change was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Planning and Zoning Text Amendments; and WHEREAS, a timely and properly noticed Public Hearing upon the subject Planning and Zoning Text Change was held by the City Council of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Planning and Zoning Text Amendments; and Docusign Envelope ID: 3A82C544-144F-4DEA-8D44-4D20904A8CA9 City of Atascadero Ordinance No. 685 Page 2 of 4 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 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. Recitals. The above recitals are true and correct and incorporated herein as if set forth in full. SECTION 2. Planning Commission Recommendation. The Planning Commission of the City of Atascadero, on March 4, 2025, held a timely and properly noticed Public Hearing upon the subject Zoning Text Amendment and associated actions, at which hearing evidence, oral and documentary, was admitted on behalf of said Amendment, and the Planning Commission recommended that City Council approve said Amendment. SECTION 3. Public Hearing. The City Council held a duly noticed public hearing to consider the Amendment on April 8, 2025, and considered testimony and reports from staff and the public. SECTION 4. Findings for Approval. The City Council makes the following findings and determinations for approval of the proposed Zoning Text Amendment: A. Findings for Zone Text Amendment: 1. FINDING: 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 zoning code text updates are consistent with the General Plan. The modifications to the definitions and establishment of standards to allow for extended stay hotels and motels furthers the City’s economic development goals and expands use opportunities through commercial areas. 2. FINDING: 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 expands extended stay options for hotels and motels while maintaining the commercial nature of the use through the adoption of development standards and will not affect the use of land designated for such uses. 3. FINDING: The Text Change will not, in itself, result in significant environmental impacts. FACT: The proposed text amendment is minor and will not result in a physical environment impact. Hotel and motel uses remain allowed in locations designated by the Atascadero Municipal Code. Docusign Envelope ID: 3A82C544-144F-4DEA-8D44-4D20904A8CA9 City of Atascadero Ordinance No. 685 Page 3 of 4 SECTION 5. CEQA. This Ordinance 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 6. Approval. The City Council of the City of Atascadero, in a regular session assembled on April 8, 2025, resolved to introduce, for first reading by title only, an Ordinance that would amend the Title 9 of the Atascadero Municipal Code as shown in Exhibit A. SECTION 7. 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 8. 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 9. 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 10. 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 11. 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 12. Effective Date. This Ordinance will take effect on the 30th day following its final passage and adoption. Docusign Envelope ID: 3A82C544-144F-4DEA-8D44-4D20904A8CA9 City of Atascadero Ordinance No. 685 Page 4 of 4 INTRODUCED at a regular meeting of the City Council held on April 8, 2025, and PASSED, APPROVED and ADOPTED by the City Council of the City of Atascadero, State of California, on April 22, 2025. CITY OF ATASCADERO: ______________________________ Charles Bourbeau, Mayor ATTEST: ______________________________ Lara K. Christensen, City Clerk APPROVED AS TO FORM: ______________________________ Dave Fleishman, City Attorney Docusign Envelope ID: 3A82C544-144F-4DEA-8D44-4D20904A8CA9 City of Atascadero Ordinance No. 685 Exhibit A Page 1 of 3 Amend AMC Section 9-6.185 as follows: 9-6.185 Hotels and motels. Where a hotel or motel is located in a commercial zoning district, the following standards shall apply: (a) Hotels and motels without kitchens shall be allowed as specified for each zoning district. (1) Wet bars, as defined in this title, shall be permitted. (b) Hotels and motels may have kitchens that include cooking appliances in up to 10% of the rooms/units, subject to the following: (1) The hotel development must contain a minimum of 20 rooms/units; (2) A deed notification shall be recorded on the property for restricting the property for commercial uses and short-term occupancies of 30 days or less. The notification shall be in a form approved by the Community Development Director. (c) Hotels and Motels may have kitchens that include cooking appliances in up to 25% of the rooms/units with approval of an administrative use permit, subject to the following findings and conditions: (1) The project is designed consistent with the standards of the Atascadero Municipal Code and provides amenities consistent with a tourist serving lodging use; and (2) The project is located in an area that supports tourist serving activities. (3) A deed notification shall be recorded on the property restricting the property for commercial uses and short-term occupancies of 30 days or less. The notification shall be in a form approved by the Community Development Director. (4) The operator shall enter into an agreement specifying penalty fees for any violation of the deed notification, municipal code standards, or conditions of approval. This section does not apply to Extended-Occupancy Hotels or Motels which are subject to the provisions of section 9-6.186. Add new AMC Section 9-6.186 as follows: 9-6.186 Extended-Occupancy Hotel/Motel Where a hotel, motel, or similar transient lodging use in a commercial zone allows guests to stay for more than 30 days, the following standards must be met. Process. An Administrative Use Permit (AUP) shall be required for the approval of any hotel/motel use where stays of more than 30 days occur, subject to the following: Docusign Envelope ID: 3A82C544-144F-4DEA-8D44-4D20904A8CA9 City of Atascadero Ordinance No. 685 Exhibit A Page 2 of 3 (a) Requirements and conditions. The following shall be required for all hotels/motels offering extended-occupancy rooms: (1) The hotel must contain a minimum of 20 rooms/units; (2) A deed notification shall be recorded on the property that sets forth the requirements for occupancies greater than 30 days. The notification shall be in a form approved by the Community Development Director. (3) The operator (as defined in Section 3-3.02) must enter into an agreement with the City that sets forth the conditions of extended-occupancy that includes, but is not limited to: an extended-occupancy fee payable by the operator for each day of occupancy, penalties for non-compliance, and maximum length of occupancy. The agreement will be recorded against the property. (4) A maximum of 20% of the operator’s overall annual gross revenue for the period July 1 through June 30 of each year may be generated from extended- occupancies (rental periods greater than 30 days). (5) The operator must pay the extended-occupancy fee at the same time and according to the reporting and remitting schedule set forth in Section 3-3.07. Late payments of the extended- occupancy fee are subject to the same penalties and interest as set forth in Section 3-3.08. (6) For all extended- occupancy revenue in excess of 20% of the annual revenue as defined in subsection (a)(2), a penalty will be assessed and payable by the operator. (b) Findings. Approval of extended occupancy rooms/units within any hotel, motel, or similar transient lodging use shall be subject to the following findings: (1) The hotel/motel is located within a commercial zone of the City. (2) None of the extended occupancy is intended to be rented as a permanent residential multi-family room or unit. (3) Extended occupancy of a portion of the rooms/units is necessary to ensure the economic viability of the transient lodging and short-term occupancy lodging uses in the hotel/motel. (c) Kitchen Facilities. Extended-Occupancy Hotels and Motels may have kitchens that include cooking appliances, subject to the following: (1) The hotel development must contain a minimum of 20 rooms/units; (2) The project is designed consistent with the standards of the Atascadero Municipal Code and provides amenities consistent with a tourist serving lodging use; and (3) The project is located in an area that supports tourist serving activities. Add a new definition to AMC § 9-9.102 to read as follows: Extended-Occupancy Hotel/Motel. A hotel, motel, or similar transient lodging facility containing twenty or more rooms/units in which a portion of the rooms/units are intended or designed to be used, or which are used, rented or hired out, to be occupied for sleeping purposes by guests who need lodging for extended periods greater than 30 days and typically not greater than several months. Key amenities may include, but are not required to include kitchens or kitchenettes with Docusign Envelope ID: 3A82C544-144F-4DEA-8D44-4D20904A8CA9 City of Atascadero Ordinance No. 685 Exhibit A Page 3 of 3 cooking appliances and may also include separate living and sleeping areas, in-room laundry facilities and/or on-site laundry services, and more spacious accommodations compared to traditional hotel rooms. Amend existing definitions in AMC § 9-9.102 to read as follows: Hotels, Motels. Commercial transient lodging establishments, including hotels, motor hotels, motels, tourist courts, or cabins, primarily engaged in providing overnight or otherwise temporary lodging for 30 days or less, with or without meals, for the general public. Transient lodging facilities which accommodate occupancies greater than 30 days are considered “Extended Stay Hotel/Motel”. Recreational Vehicle Parks. Transient lodging establishments primarily engaged in renting, leasing or otherwise providing overnight or otherwise temporary short-term occupancy sites for 30 days or less for trailers, campers, park model units, or tents, with or without individual utility hookups, but with other facilities such as restrooms. Does not include incidental camping areas, which are included under "rural sports and group facilities." Table 3.2 in AMC § 9.3-330 is amended to add a new classification for “Extended Occupancy Hotel/Motel” as follows: Table 3-2 - Nonresidential Use Table Allowed Land Uses and Permit Requirements Nonresidential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required □ Not Permitted Permitted Uses By Zones Special Regulation(s) CN CP CR CS CT CPK DC DO IP I Extended-Occupancy Hotel/Motel CUP AUP AUP AUP CUP 9-6.186 Docusign Envelope ID: 3A82C544-144F-4DEA-8D44-4D20904A8CA9 STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) ss CITY OF ATASCADERO ) I, ALYSSA M. SLATER, Deputy City Clerk of the City of Atascadero, DO HEREBY CERTIFY that Ordinance No. 685 was duly introduced at a regular meeting held April 8, 2025 and adopted at a regular meeting of the City Council held on the 22nd day of April, 2025 by the following roll call vote, to wit: AYES: Council Member Funk, Newsom, Peek, Mayor Pro Tem Dariz, Mayor Bourbeau NOES: None ABSENT: None _____________________________________ ALYSSA M. SLATER, DEPUTY CITY CLERK I hereby certify that the foregoing is the original of Ordinance No. 685 duly passed and adopted by the Atascadero City Council at their regular meeting held on April 8, 2025 and that summaries of the Ordinance were published on 4/10/2025 and 4/25/2025 in the News Times newspaper. _____________________________________ ALYSSA M. SLATER, DEPUTY CITY CLERK Docusign Envelope ID: 3A82C544-144F-4DEA-8D44-4D20904A8CA9 Docusign Envelope ID: 3A82C544-144F-4DEA-8D44-4D20904A8CA9 Docusign Envelope ID: 3A82C544-144F-4DEA-8D44-4D20904A8CA9