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HomeMy WebLinkAboutDRC_2013-06-12_AgendaPacketCALL TO ORDER CITY OF ATASCADERO DESIGN RE VIE W COMMITTEE A GENDA Committee Meeting Wednesday, June 12, 2013 3:30 P.M. City Hall Conference Room 4 6907 El Camino Real Atascadero, California Roll Call: Chairperson Fonzi (excused absence) Committee Member Kelley Committee Member Anderson Committee Member Dariz Committee Member vacant APPROVAL OF AGENDA PUBLIC COMMENT CONSENT CALENDAR 1. APPROVAL OF DRAFT ACTION MINUTES OF MAY 15, 2013 InFind uson Vtp://wwwfacebook.com/planninoatascadero Facebo City of Atascadero Design Review Committee Agenda DEVELOPMENT PROJECT REVIEW Regular Meeting, June 12, 2013 Page 2 of 2 2. LA PLAZA CENTER — DOWNTOWN RETAIL PLN 2013-1466 / CONDITIONAL USE PERMIT 2013-0268 / ROAD ABANDONMENT 2013-0020, 6320-6500 EL CAMINO REAL (BEN HOFF LLC) Property Ben Hoff LLC. / Tim Alvord, 2122 Lothar Lane, Templeton, CA 93465 Owner/Applicant: Project Title: PLN 2013-1466 / CUP 2013-0268 La Plaza Center Conditional Use Permit and Road Abandonment Project Location: 6320-6500 EI Camino Real, Atascadero, CA 93422 APN 030-193-003; 030-191-016, 017, 030-191-030; 031 (San Luis Obispo County) Project The application consists of a request for a Conditional Use Permit for three retail Description: commercial buildings on a 1.5 acre site at 6500 EI Camino Real. The project includes three, two-story retail buildings, a surface parking lot, continuation of an existing cell tower facility, a height exception of the building, a tree removal permit, a road abandonment and a sign ordinance exception for a freeway pole sign. General Plan Designation: Downtown Zoning: Downtown Commercial Proposed Class 32 — Infill Development Project categorical exemption. The project is the Environmental replacement of existing and destroyed commercial retail buildings with new commercial retail buildings in an urbanized, downtown location. There will be no significant new Determination: impacts to traffic, air quality, water quality, or noise as a result of the project and therefore, qualifies for a Class 32 exemption. Staff Staff recommends approval of the Conditional Use Permit and Road Abandonment Recommendation: subject to conditions of approval. COMMITTEE MEMBER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT City Staff will contact Committee for next DRC meeting date; no items currently scheduled. Agendas, Minutes and Staff Reports are available online at www.atascadero.org under City Officials & Commissions, Design Review Committee. ITEM NUMBER: 1 DATE: 6/12/13 CITY OF A TASCADERO DESIGN REVIEW COMMITTEE DRAFT ACTION MINUTES Regular Meeting — Wednesday, May 15, 2013 - 3:30 P.M. City Hall Conf. Rm. 4 6907 EI Camino Real, Atascadero, California CALL TO ORDER —3:30 p.m. Chairperson Fonzi called the meeting to order at 3:30 p.m. ROLL CALL Present: Chairperson Fonzi Committee Member Kelley Committee Member Dariz Committee Member Anderson (arrived at 3:37 p.m.) Absent: Committee Member DeCarli (excused absence) Staff Present: Community Development Director Warren Frace Senior Planner Callie Taylor Others Present: Applicants: Jennifer Clayton David Marshall APPROVAL OF AGENDA MOTION: By Committee Member Kelley and seconded by Committee Member Dariz to approve the Agenda. Motion passed 3:0 by a roll -call vote. PUBLIC COMMENT None Design Review Committee Draft Action Minutes May 15, 2013 CONSENT CALENDAR 1. APPROVAL OF DRAFT ACTION MINUTES OF MAY 8, 2013 Page 2 of 5 MOTION: By Committee Member Kelley and seconded by Committee Member Dariz to approve the consent calendar. Motion passed 3:0 by a roll -call vote. DEVELOPMENT PROJECT REVIEW 2. PLN -2013-1461 / DRC 2013-0035: NORTH COUNTY CHRISTIAN SCHOOL: NEW MODULAR CLASSROOMS Property Owner: ABC Church, P O Box 987, Atascadero, CA 93423 Applicant: North County Christian School, 6225 Atascadero Mall, Atascadero, CA 93422 Project Title: PLN 2013-1461 / DRC 2013-0035 Project Location: 6225 Atascadero Mall, Atascadero, CA 93422, APN 030-192-018 Project Description: North County Christian School is proposing to remove one existing modular classroom and replacing it with two newer modular classrooms. Existing Use: North County Christian School 0.53 acre lot 4.84 acre total facility area General Plan Designation: Public (P) Zoning: Public (P) Staff City staff is in support of the installation of the new buildings. Landscape and hardscape around the new buildings is recommended to be completed Recommendation: at the time of building installation. Any DRC requirements would be added as conditions to be performed as a part of the building permit process. Applicant David Marshall gave a brief project overview to the Design Review Committee: • New building donated • Temporary storage of units • June 10th start • New corner playground • Colors match school Senior Planner Callie Taylor • Condition landscape installation / remove driveway (Ok with applicant) Design Review Committee Draft Action Minutes May 15, 2013 X61 IVA I LY, 111 a I =1 :81]=4I 3=1:T-11%IIs] Ll&' Committee Member Dariz • Old modular will leave • Bus will be moved to thrift store • Use of City Right of Way / ABC overflow parking • Landscape as condition Chairperson Fonzi • Start with corner improvement Committee Kelley • Flexibility on landscape ok Applicant David Marshall • Road abandonment request in future possible Community Development Director Warren Frace • City supportive of improvement of frontage R.O.W., — include on plans (Encroachment Permit) • Landscape per exhibit 1 (attached) Chairperson Fonzi • Provide grass on corner PUBLIC COMMENT None Page 3 of 5 MOTION: By Committee Member Kelley and seconded by Committee Member Dariz to support the site improvements as submitted (see exhibit 1 - attached), with the following conditions: a) Landscape around building and alongside street b) Remove old asphalt in front of modular driveway / sidewalk / drive apron to remain as is. Motion passed by 4:0 by a roll call vote. Design Review Committee Draft Action Minutes May 15, 2013 Page 4 of 5 COMMITTEE MEMBER COMMENTS AND REPORTS None DIRECTOR'S REPORT None ADJOURNMENT - 3:55 p.m. City Staff will contact Committee for the next DRC meeting date; no items currently scheduled. MINUTES PREPARED BY: Warren Frace, Community Development Director t:\— design review committee\minutes\minutes 2013\draft action minutes 5-15-13.docx ITEM NUMBER: 2 DATE: 6-12-13 Atascadero Design Review Committee Ir f9 Report In Brief - Community Development Department �0 Warren Frace, Community Development Director, (805) 470-3402, wfrace@atascadero.org Alfredo R. Castillo, AICP, Assistant Planner, (805) 470-3436, acastillo@atascadero.org PLN -2012-1466 Hoff Downtown Mixed -Use Project 6500 EI Camino Real Owner: I Ben Hoff, LLC Applicant: I Wysong Construction Address: 16500 EI Camino Real APN: 1030-193-003;016;030;031 General Plan: Downtown (D) Zoning: Downtown Commercial (DC) Project Area: 1.5 acres Existing Use: Retail Commercial, Fire Damaged Commercial, Cellular Communication Tower Proposed: Commercial mixed-use of retail and office totally 26,500 sf. ❑ Proposed Site Plan ❑ Proposed Elevations ........................................................................................................................................................................................................................... ❑ Proposed Height Exception .............................................................................................................................................................................................................. ❑ Downtown Sign Exception ❑ Proposed Right -of -Way Abandonment ............................................................................................................................................................................................................................ 0 ITEM NUMBER: 2 DATE: 6-12-13 Background In March 2009, a fire destroyed two commercial buildings within the proposed development. Since that time, a portion of the proposed development sat vacant. A coffee shop, beauty parlor and cell tower still remain on the site. In 2010, a redevelopment proposal was brought forth by the applicant and property owner. The proposal, known as "La Plaza Theaters" consisted of a 39,680± square foot building that would contain a 10 screen movie theater, retail stores and a sit down restaurant. This project went before the City Council and was continued for additional analysis. The property owner and project applicant formally withdrew their application for redevelopment of this property in January 2011. Due to its central Downtown location this property has been identified by the City Council as a priority "Hot Spot" for commercial development Although the City lost many tools with the elimination of the Redevelopment Agency, the City Council identified a number of incentives that to assist with the development of the site, including: • Waiver of application fees • Full development impact fee credits from destroyed structures • Deferral agreements for any addition development impact fees. • Support of road and landscape easement abandonment request. • Support for freeway signage • Cooperation on marketing and promotion efforts. • Public Works assistance on frontage and drainage improvements. The project does not need a CUP for the use, since it is a retail use under 50,000 square feet. The purpose of the CUP is allow exceptions to the height of the buildings and the allowance of a freeway pole sign in the Downtown zone. Another benefit of the CUP will be to vest a development right prior to new RWQCB regulations going into effect in September 2013. The CUP's Master Plan would entitle development consistent with the adopted site plan and architectural elevations. The applicant also views the Master Plan as an important tool for the marketing of the property to potential tenants. Master Plan of Development Summary: The project proposed demolition of all remaining buildings on the property, excluding the existing cellular communications tower. The project proposes a total of 26,500± square feet (sf) of new commercial retail, restaurant and office uses located within three (3) new buildings. All of the buildings are proposed with second stories to allow space for professional offices and a restaurant terrace overlooking the Sunken Gardens. Due to a special Downtown height restriction, a height exception will be required. Although, Downtown retail is not required to provide parking, the applicant proposes 78 on-site parking spaces to support both the office and retail activities on-site. Also as a part of ITEM NUMBER: 2 DATE: 6-12-13 this proposal, the applicant is proposing a 50 -foot tall, freeway pole sign to be located along the frontage of Highway 101. The application, also includes a Road Abandonment request for a portion of Atascadero Avenue between EI Camino Real and Highway 101 as well as a landscape easement along EI Camino Real. The following sections provide additional detail for the proposed project. The proposed project is consistent with the City's 2005 Downtown Revitalization Plan Vision. 2005 Downtown Plan Proposed Site Plan and Landscaping: The proposed development includes the demolition of all existing buildings, including the Atascadero Main Street building. The existing cellar communications tower will remain. Three (3) new, two-story buildings are being proposed to accommodate new commercial retail, restaurant and office uses as shown on the following site plan. All of the buildings offer 3600 architecture that will be attractive from all sides. ITEM NUMBER: 2 DATE: 6-12-13 Conceptual Site Plan HIGHWAY 101 � Lt — .: s.f. RebiwiM �� _( . 3.r](p s.l. of r�va 2'y Floe oft. )ING A BUILDING t '.00sWNonl wiM IUpslats FMr 6.500 s.1.I &2-as,oera �.SW s.l. o(7n floor O ®® G C _—.�/I_.—moi_` p — Seatin j Pcdcstrianl fo,:nrain `Outtloor Ploro wHhS Pp''w/povers ares� Shea,00ms • ^(• ^'nlp sen. A.. PoArea „ Tree 4p Entry m sgrraMrsammawcnon E L C A M I N O REAL ter-.. P� ns�gn i rar�rp ara— �connection I ` iJack in the Petles,run -" Potty w/ posers BUILDING A Building A includes a 1St floor restaurant and a 2nd floor bar/lounge. The buildings are pedestrian oriented with Building "A" oriented to the sidewalk and a proposed plaza. Building "A" is proposed to be a 1St floor 5,000 sf restaurant space with a 2nd Floor upstairs bar and lounge space with a terrace overlooking the Sunken Gardens. Building "A" is proposed to open up to a new plaza to anchor the development at the corner of the proposed abandoned right-of-way of Atascadero Mall and EI Camino Real. BUILDING B Building "B" is offset from the sidewalk and is propose to contain access points from both the sidewalk, and a second pedestrian plaza to be situated between Building "B" and Building "C". This plaza will act as the primary pedestrian access from the off-street parking and include two fountains as focal points and entryways from the parking lot and EI Camino Real between Building "B" and Building "C". ITEM NUMBER: 2 DATE: 6-12-13 Building "B" 1" floor is proposed to contain approximately 3,500 sf of retail space. 2nd floor will contain 3,000 sf dedicated to office uses. Entry to the 2nd floor would be at the rear of the building from the parking lot and plaza. BUILDING C Building "C" would be located towards the end of the properties. Building "C" would be located near the existing sidewalk, adding to the pedestrian scale of the proposed development. Building "C" is the largest of the proposed buildings. An Additional 6.500 sf of ground level retail and restaurant space would be located within the building with 4,500 sf of downtown office space on the 2nd floor. Similar to Building "B", access to the 2nd floor office spaces would be from the rear of the building. SITE PLAN The rear of the development would contain 78 off-street parking spaces. A primary landscape vehicular entryway would be located between Buildings "A" and Building "B" with additional access driveways off of EI Camino Real. Adjacent to building "C" a secondary parking lot access off of EI Camino Real will be provided. The off-street parking lot is proposed to be landscaped and incorporate bio -retention swales for stormwater runoff. A reciprocal access easement will be provided across all of the driveways to allow future access connections to neighboring parcels. The parking will not be subject to the reciprocal easements, and can be used at the owners discretion. The conceptual landscaping plan includes new plantings of large deciduous trees in large planters within the proposed parking areas as well as the rear of the property. Smaller deciduous trees are proposed to be planted in tree wells fronting EI Camino Real and other key areas in the rear parking lot. Small to medium shrubs that provide vibrant color and other enhancements to the pedestrian feel of the project are located along project entries and the plaza features. A pedestrian plaza will be provided at the corner of Building A, across from the Sunken Gardens. The plaza will feature decorative paving and street furniture that will complement the restaurant use in Building A and enhance the view corridor to the Sunken Gardens. Eventually the Plaza could be expanded if the properties to the south are redeveloped. Architectural Elevations The proposed facades of the buildings are similar to colors and materials used at Colony Square. The proposed designed incorporates elements including mission tile style roofing, exposed rafter tails, arched porticos, recessed windows, smooth troweled stucco, and decorative iron elements. The project is designed to resemble multiple buildings with individually defined storefronts. A variety of awning fabric colors and tile bulkheads have been proposed to provide accents to individual storefronts and entrances. Colors and materials are consistent with Downtown Design Review standards. ITEM NUMBER: 2 DATE: 6-12-13 Building "A" maximum height will be 37 -feet with a typical maximum height of 32 -feet. Building "A" includes a 2nd floor patio area for the proposed bar/lounge use. The patio area will not be enclosed, but includes a proposed glass railing and will offer views to the Sunken Gardens and Historic City Hall. 2T°R`�` IllII1ll�UllUuUUUl��11'�" Bench and planters at Plaza Signage Tile Base Recess c+—f,, XX Signage Stucco Conceptual Elevation Building 'A' Facing EI Camino Real Glass railing Outdoor Solid rafting �} Patio Area 1 Parapet Clay'S' The 3r-0 Roofing --"� -UHIlilll 11 Hull llli ll1111 U T. 2T°R`�` IllII1ll�UllUuUUUl��11'�" Bench and planters at Plaza Signage Tile Base Recess c+—f,, XX Signage Stucco ITEM NUMBER: 2 DATE: 6-12-13 Building "B" and Building "C" share similar architectural styles with a maximum height of 35 -feet for both buildings. These building will share a second story connection with a pedestrian bridge over the courtyard. This bridge will be supported by creating rounded archways that act as an entry to the proposed plaza and creates an inviting pedestrian connection from the proposed off-street parking area. Proposed storefronts along EI Camino Real include a variety of awning fabric patterns and colors, tile base for recessed storefronts. Buildings B and C also include a covered arcade with storefronts that face the proposed parking lot. Conceptual Front Elevation of Buildinqs 'B' and 'C' (Facing EI Camino Real) Outdoor Patti Neo 35U Signage 0i.0. ROOF l�J - Blade Signage W f— Builc'rg Receded J Recess — me Storefront B„ Rd ng C 5 - ELEVATION FROM EL CAMINO REAL (FRONT) 0u'a o. Row ti - Conceptual Rear Elevation of Buildinqs 'B' and 'C' (Facing Proposed Off -Street) momquHMEM Outdoor SBWI*V C beyond Patio Neo R ^ny II F, T I FF F -, Ti r d' I Covered J Arcdtle Recessed Storefront BW6np C Pddestr'.an 8,dW NRing - Ou= CYsy S• Re BuAdings 8 and PaNO Ned + Rooing ]SaY O. s�nage Signage Plano Royond POW # 11 1 ,k. i L St—ft-t at Recessed Covered Arcade Sbre(ront Buildnd B y ITEM NUMBER: 2 DATE: 6-12-13 Height Exception The proposed project is located in a special Downtown Zone that restricts the height of buildings to 18 feet. This requirement was adopted as part of the Redevelopment Plan in 2000. The purpose of the restriction was to provide a visual window between the freeway and the historic City Hall. However, due to the presence of vegetation within the freeway right-of-way, there is limited visibility of City Hall from the freeway. In addition, the height restriction significantly reduces the development potential and architectural desirability of buildings on the west side of EI Camino Real. , t Height Limit to -- . The applicant is requesting a height exception consistent with section 9-4.113 of the Zoning Ordinance to allow 35± foot tall series of building. The proposed buildings will be similar in size to Colony Square Phase I. Staff is supportive of the exception request and recommends that the DRC review this proposed height exception. Redevelopment Plan - City of Atascadero 9-3.263 Downtown district general development standards Forty-five (45) feet not to exceed three (3) stories; eighteen (18) feet on the west side of EI Camino Real between Atascadero Creek and the lot line common to Lots 19 and 20, Block H-B,Atascadero Colony Map. Applicant requesting waiver for 40 to 72 feet 9-4.113 Height limitations. (b) Exceptions to Height Limitations. (1) Planning Commission Waiver. The height limitations of this section may be modified through conditional use permit approval, provided the Planning Commission first finds the project will not result in substantial detrimental effects on the enjoyment and use of adjoining properties and that the modified height will not exceed the life4ing equipment capabilities of the Fire Department. Area of 18 -Foot Height Limit A I Proposed project Area (dashed) Staff Recommendation: ITEM NUMBER: 2 DATE: 6-12-13 Shaded Area of 18- ii foot Height Limit The Design Review Committee recommend to the Planning Commission approval of the proposed height exception. Parking Downtown parking continues to be a cyclic issue in Atascadero. When the Carlton Hotel and restaurant opened in 2004, downtown parking became a significant issue. With the economic down turn, downtown parking issue subsided. With the opening of the Colony Square and the Galaxy Theater, parking has returned as an issue, particularly with the theater's busy times (Friday evenings, weekends and holidays) and when the theater operates promotions such as "$5" Tuesdays. The Downtown Zoning Ordinance does not require parking for commercial uses in the downtown north of Atascadero Creek, Consistent with section 9-3.263. The proposed project does provide a total of 78 spaces that include ADA accessible spots are included in the development proposal. ITEM NUMBER: DATE 9-3.263 Downtown district general development standards Off street parking 1 .\one required; except as required by Section 94.114 for hotels, mo tell, and residential ...................... uses, and for: all dev elopmen teas t of Atascadero Creek. 2 6-12-13 Based on the Downtown Parking Model the proposed retail, restaurant and office uses, will have a parking peak demand on weekends, with occasional peak demand during the weekday during the holiday shopping season and major holidays. The average weekday parking demand is 163 spaces. The rationale behind the weekday demand is due to the number of proposed office uses within the development, which tends to generate demand between the hours of 8am to 5pm. The weekend demand is 164 spaces. The bulk of the demand will come from the retail and restaurant components. Based on the Downtown Parking Action Plan's recommendations, projects of this size should provide 25% of the required parking on-site. In addition, the California Building Code requires four (4) disable accessible parking spaces to be provided for a project of this size. The applicant is proposing a total of 78 on-site parking spaces. This exceeds the recommendation from the Downtown Parking Action Plan (19 spaces recommended) and the project proposes four (4) accessible parking spaces. May 2006 City of Atascadero Parking Utilization and Management Study - Action Plan Action Plan Item A-6 Update the Downtown Parking Ordinance to address the following: Any parking deficits created by small in -fill developments could be covered through the usage of in -lieu fees to fund the construction of future public parking. However, if the development is substantial and will require a large number of parking spaces (50 or more spaces), at least a portion of the required parking spaces should be provided on-site by the developer. This will help ensure sufficient parking is provided overall, but also help ensure close, accessible parking is provided. The remaining portion could be covered through the use of in -lieu fees and public parking. For larger projects, a minimum of 25% of the required parking should be provided by the developer on-site. Downtown Parking Model Pe PeakBas Share ITEM NUMBER: 2 DATE: 6-12-13 Community Shopping Center (<400,000 sq. ft.) 10,000 sf. 36 40 Super Regional Shopping Center (>600,000 sq. ft.) 0 sf. 0 0 Fine/Casual Dinina 0 sf. 0 0 Family Restaurant 4.500 sf. 48 69 Nightclub 0 sf. 0 0 Active Entertainment 0 sf. 0 0 Cineplex 0 seats 0 0 Performing Arts Theater 0 seats 0 0 Arena 0 seats 0 0 Pro Football Stadium 0 seats 0 0 Pro Baseball Stadium 0 seats 0 0 Health Club 0 sf. 0 0 Convention Center 0 sf. 0 0 Hotel - Business 0 rooms 0 0 Restaurant/Lounge 5,000 sf. 50 50 on erence uenfertt3anquel (213 to 50 sq. TI-7guest TI—guestroom s . Convention Space (>50 sq. ft./guest room) 0 sf. 0 0 Residential - Rental 0 units 0 0 Office (<25,000 sq. ft.) 7.500 sf. 30 4 o I UU,UUU sq. . u sr 1 7— .uTrice .Office (100,000 to 500,000 sq- ft.) SE 0 0 Office (>500,000 sq. ft.) 1 0 I sf Source Information: The data used in this model is based on information provided in "Shared Parking by the Urban Land Institute. Principal Author: Smith, 1,1. Title: Shared Parking - Second Edition Copyright Date: 2005 Publisher: Urban Land Institute ITEM NUMBER: 2 DATE: 6-12-13 Signage The project applicant is requesting a freeway oriented pole sign for the proposed retail/commercial center. Typically Staff would encourage the use of a monument tower type sign such as the ones at West Front Village, the Home Deport Center, and Mission Oaks. However, the applicant is proposed a pole sign due to the heavy vegetation that is located between the proposed project and the highway, which would obscure the base of the proposed sign. Staff recommends 'Downtown Atascadero' identification be provided at the top of the sign in exchange for the sign exception. Pole Sipn Location Y - —_ sh 1 I PTO �f _Fountain ` FuMe L Parking — F'"'� r � / Connection BUILDING B B3 3,500 s.f. Retail with a' 3.0000.0i 299Floor Offce ,�(( gl�am'C B2 Bt IlrrMll Public I ,1111i1fIIN TkN"...� BUILDING C 6.500 s.f. Retall/Restaurant wllh 4,500 s.f. of 2° Flow Office ,Jack in the 1 ` Box I+ I This pole sign is proposed to have advertising at 50 -feet in height with a decorative cap and Downtown identification above. The sign would contain advertisement space for the proposed project that is approximately 80 sf on each side, for a total of 160 sf of additional free oriented signage. The applicant has not indicated signage type or configuration, however Staff is recommending that the proposed sign include space for the City's Logo and "Downtown Atascadero" that is visible on the signage to further advertise the Downtown as a destination point. Staff is also recommending that the sign face be "decorative" and have font and color consistency where applicable with the City's Wayfinding program. Staff has prepared a conceptual signage design and is recommending that the DRC review and recommend this type of sign be utilized for the proposed free oriented signage. ITEM NUMBER: 2 DATE: 6-12-13 Staff prepared Pole Siqn Photo Simulation Road Abandonment The requested right-of-way abandonment will increase the size of the project area and allow the construction of Building A and the plaza. The requested abandonment is for two parcels of land: 1.) All of the existing right-of-way on the north side of Atascadero Avenue (also referred to as "Atascadero Mall") between EI Camino Real and the Highway 101 right-of-way, which is approximately 0.24 acres, as shown below; and 2.) A 10 -foot wide City landscape easement along the southwest side of EI Camino Real, which is approximately 0.11 acres, as shown below. The portion of the Atascadero Avenue right-of-way has served as essentially a driveway to the adjacent commercial properties since the construction of the freeway in the mid 1950's. This land is legally owned by the Hoff Family, but the City retains a road easement across the property. The strip of land along EI Camino Real was negotiated for as part of a previous road abandonment proceeding between the Hoff's and the City in the early 1990's for landscape, sidewalk and road purposes. X� 10 foot road and landscape 4W. easement on EI Camino Real. vy /Oy r Abandonment Process ITEM NUMBER: 2 DATE: 6-12-13 d erti It • J* If ' AT SCAIbERO ,MALL Right -of -Way abandonment over Atascadero Avenue. (also called Atascadero Mall) Right-of-way abandonments are governed by the following code sections from the California Streets and Highways Code and the Atascadero Municipal Code. In order for the proposed abandonment to be approved, the project must comply with all of the provisions and requirements set forth in each code section. ITEM NUMBER: 2 DATE: 6-12-13 CALIFORNIA STREETS AND HIGHWAY CODE REQUIREMENTS Requirements for summarily vacating a road are found in the Streets and Highways Code, Section 8331 and 8334, which provides: 8331. The legislative body of a local agency may summarily vacate a street or highway if both of the following conditions exist: (a) For a period of five consecutive years, the street or highway has been impassable for vehicular travel. (b) No public money was expended for maintenance on the street or highway during such period. 8334. The legislative body of a local agency may summarily vacate any of the following: (a) An excess right-of-way of a street or highway not required for street or highway purposes. (b) A portion of a street or highway that lies within property under one ownership and that does not continue through such ownership or end touching property of another. EL CAMINO REAL EASEMENT The EI Camino Real right-of-way under consideration is a 10 -foot wide strip of land created by an offer of dedication per Official Record 88-O.R.-114, and is in addition to the standard EI Camino Real right-of-way width. The subject portion of right-of-way has never been constructed or used. The current alignment of EI Camino Real and location of future sidewalks and streetscape features are, and will be, inside the standard 100 - foot wide EI Camino Real right-of-way alignment. In addition no structures have been built in the right-of-way and the open area has been impassable for five or more years. ATASCADERO MALL RIGHT-OF-WAY The Atascadero Ave right-of-way under consideration was created by the original Atascadero Colony Subdivision map in 1914. In 1982 there was a San Luis Obispo Superior Court order (2397 OR 908) that required the north half of Atascadero Mall Avenue between EI Camino Real and the freeway be quitclaimed by Gordon Davis (as successor trustee of the Atascadero Development Syndicate) in favor of the Hoff Family. The Hoff Family has been paying property taxes on the subject land since the subject court ruling. Regardless of the court action the public right to use the land as a public street was never waived by San Luis Obispo County, or later the City of Atascadero. The subject portion of right-of-way along the north side of Atascadero Mall Avenue has curb, gutter and sidewalk, and a paved street. The street right-of-way is bisected by a City owned parcel where the current Main Street Office is located and proposed to be ITEM NUMBER: 2 DATE: 6-12-13 demolished as a part of this application. The businesses on the south side of Atascadero Mall Avenue will continue to use the southerly portion of the street to park and access their property. It is the staff's recommendation that the entire right-of-way (0.24 acres) be abandoned to accommodate the currently proposed project. The proposed abandonment is acceptable since the City would maintain access via public easements for vehicles and pedestrians. CITY REQUIREMENTS California Government Code Section 65402 requires that all abandonments be consistent with the legislative bodies General Plan, as follows: "If a general plan or part thereof has been adopted ... no real property shall be ... vacated or abandoned... until the location, purpose and extent of such ... street vacation or abandonment ... has been submitted to and reported upon by the planning agency as to the conformity with said general plan or part thereof." EI Camino Real is identified in the General Plan Circulation and Bikeway/Trail diagrams as an arterial road; and, Atascadero Avenue is identified in the General Plan Circulation and Bikeway/Trail diagrams as a local road. Commercial areas typically front to collector roads and they are two-way streets with maximum acceptable traffic volumes. The acceptable traffic volumes are dictated by residential concerns regarding intrusions rather than traffic capacity considerations. Currently there are three businesses (other than the existing buildings that are proposed to be demolished as a part of this application) with driveways on Atascadero Avenue. The existing road way is comprised of two travel lanes with sidewalk on the eastern side. The 101 freeway borders Atascadero Avenue to the west. The Public Works Department has evaluated Atascadero Mall Avenue and has determined that the current southerly half of the right-of-way and existing improvements are sufficient to support the surrounding area at build -out. Therefore, abandonment the northern portion of the right-of-way would be consistent with the General Plan street classification and would maintain sufficient traffic capacity for future build -out. The project has been conditioned to provide a public access and utility easement across the Atascadero Avenue road area prior to abandonment. This easement has been prepared and will be recorded prior to Council action (refer to attachment 7). A condition has also been added to require any buildings or structures to be located outside the easement. ZONING DESIGNATION Staff has determined that when a right-of-way or portion thereof is abandoned, the zoning shall become the same as the adjacent zoning designation. The requested ITEM NUMBER: 2 DATE: 6-12-13 abandonment will be for the benefit of the adjacent parcel and will become part of the Downtown Commercial zoned parcel. No new parcels will be created as a result of this abandonment. CONCLUSIONS: The proposed project will compliment Downtown, Colony Square, Historic City Hall and other retail business and restaurants. The project will be a key part of the continued revitalization of the Downtown in an era without redevelopment monies. Parking is likely the biggest impact related to the project, but can be minimized with future parking agreements and shared parking access from neighboring businesses. The proposed project will require the Planning Commission and Council approval due to the road and easement abandonments. The proposed road abandonments meet the criteria of the State Streets and Highways Code since: 1.) the portion of the EI Camino Real right-of-way has not been constructed on and has been impassable for vehicular travel for a period of five consecutive years, and no public money has been expended for maintenance on the subject right-of-way during the stated time period; and 2.) the portions of EI Camino Real and Atascadero Mall Avenue right-of-way is considered excess right-of-ways not required for area circulation. The abandonment is also consistent with the City's Circulation Element of the General Plan and will not reduce or interfere with necessary improvements to the road at build- out, future bikeways, or planned trails.