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HomeMy WebLinkAboutPC_2010-12-07_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, December 7, 2010 - 7:00 P.M. City Hall Council Chambers 6907 El Camino Real Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Moreno Vice Chairperson Bentz Commissioner Colamarino Commissioner Schmidt Commissioner Sturtevant Commissioner Ward APPROVAL OF AGENDA PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to three minutes. Please state your name and address for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda.) PLANNING COMMISSION BUSINESS CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non -controversial by City Staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions.) City of Atascadero Planning Commission Agenda Regular Meeting, December 7, 2010 Page 2of4 1. APPROVAL OF ACTION MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON NOVEMBER 16, 2010. 2. APPROVAL OF THE 2011 PLANNING COMMISSION MEETING SCHEDULE COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant's representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name and address for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 3. PLN 2008-1273, DRIVE-THRU RESTAURANT AMENDMENT TO RITE -AID CENTER CONDITIONAL USE PERMIT AT 7055 EL CAMINO REAL Property owner: Atascadero Prec., LLC, 5034 Carpinteria Ave., Carpinteria, CA 93013 Applicant: Thom Jess, 1540 Marsh Street #150, San Luis Obispo, CA 93401 Project Title: PLN 2008-1273, Drive-Thru Restaurant Amendment to Conditional Use Permit 2008-0223 at 7055 EI Camino Real (Former Rite Aid building) Project Location: 7055 EI Camino Real, Atascadero, CA 93422 APN 030-081-041 (San Luis Obispo County) Project Amendment to CUP 2008-0223 to allow for the construction of an additional drive-thru Description: restaurant facility as a part of the redevelopment of the former Rite Aid building. The applicant is proposing remodel and rehabilitation of the former Rite Aid building to include a 1,650 sf Starbucks Coffee Shop with drive-thru lane and outdoor patio space, retail space totaling 13,850 sf for future tenants and an additional storage/service area of approximately 6,000 sf. The footprint of the building will not be increased with the exception of 40 sf for the addition of a drive-thru window. Proposed improvements include architectural pop -outs, new windows, metal awnings, decorative wall mounted light fixtures, stone veneers and Spanish tile roofing, and additional landscaping. Zoning: CR (Commercial Retail) General Plan Designation: GC (General Commercial) Consistent with previously certified Mitigated Negative Declaration Proposed Environmental State Clearinghouse Number (SCH) #2008021071 Determination: City of Atascadero Planning Commission Agenda Regular Meeting, December 7, 2010 Page 3of4 4. PLN 2009-1328, GENERAL PLAN HOUSING ELEMENT, LAND USE ELEMENT, AND ZONING COMMAP UPDATE Applicant: City of Atascadero, 6907 EI Camino Real, Atascadero, CA 93422 Project Title: General Plan Housing Element, Land Use Element, and Zoning Code/Map Update PLN 2009-1328 / GPA 2009-0025 / ZCH 2010-0162 Project Location: Citywide (San Luis Obispo County) Project An update to the Housing Element of the City of Atascadero's General Plan is Description: proposed as required by Government Code Sections 65580 — 65589.8. The draft Housing Element provides implementation strategies for the 2007 - 2014 planning period to meet RHNA and provide affordable and diverse, high quality housing opportunities to meet the needs of all segments of the community. Housing Element update efforts have been ongoing for the past several years, with multiple hearings before the City Council and Planning Commission, public workshops, completion of environmental documents, and review by the State (Housing and Community Development). The City has received notice from HCD that the draft Housing Element meets State requirements, and with official City Council adoption, the Housing Element is ready for State certification. General Plan and Zoning Ordinance updates are proposed in conjunction with the Housing Element adoption in order to meet the City's current and unfulfilled Regional Housing Needs Allocation and to comply with Housing Element Policy 1.1, Programs 1 and 2. The General Plan High Density Land Use Designation is proposed to be increased from a maximum of sixteen (16) units per acre to a minimum of twenty (20) units per acre. A corresponding Zoning Ordinance Text Change and Zoning Map update are proposed to change the RMF -16 Zoning District is to RMF -20 (minimum 20 units per acre proposed). A second Municipal Code Text update is proposed to clarify definitions which relate to housing. The City's outdated definition for "family" is proposed to be replaced with "single housekeeping unit" for describing use of dwellings. This revised description is proposed to comply with the law and use only nondiscriminatory occupancy standards to describe an interactive group of persons jointly occupying a single dwelling unit. Based on the Initial Study prepared for the project, a Negative Declaration is Proposed proposed. The Negative Declaration is available for public review at 6907 EI Environmental Camino Real, Community Development Department from 8:30 a.m. to 5:00 p.m. Determination: Monday through Friday. The public review period is from November 2, 2010, through December 1, 2010. COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for December 21, 2010, at City Hall, Council Chambers, 6907 El Camino Real, Atascadero. Please note: Should anyone challenge in court any proposed development entitlement listed on this Agenda, that person may be limited to raising those issues addressed at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to this public hearing. City of Atascadero Planning Commission Agenda Regular Meeting, December 7, 2010 Page 4of4 City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 7:00 p.m. at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection during City Hall business hours at the Front Counter of City Hall, 6907 EI Camino Real, Atascadero, and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department. Commission meetings are video-taped and audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400). In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office or the City Clerk's Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "PUBLIC COMMENT", the Chairperson will call for anyone from the audience having business with the Commission to approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. This is when items not on the Agenda may be brought to the Commission's attention. A maximum of 30 minutes will be allowed for Public Comment Portion (unless changed by the Commission). TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Commission regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Chairperson. 2. Give your name (not required). 3. Make your statement. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. 6. All comments limited to 3 minutes. If you wish to use a computer presentation to support your comments, you must notify the Community Development Department at 470-3402 at least 24 hours prior to the meeting. Digital presentations brought to the meeting on a USB drive or CD is preferred. Access to hook up your laptop to the City's projector can also be provided. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Recording Secretary before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Commission. ITEM NUMBER: 1 DATE: 12-7-10 CITY OF ATASCADERO PLANNING COMMISSION DRAFT ACTION MINUTES Regular Meeting — Tuesday, November 16, 2010 — 7:00 P.M. City Hall Council Chambers 6907 EI Camino Real, Atascadero, California CALL TO ORDER - 7:00 p.m. Chairperson Moreno called the meeting to order at 7:00 p.m. and Commissioner Colamarino led the Pledge of Allegiance. ROLL CALL Present: Chairperson Moreno, Vice Chairperson Bentz, Commissioners Colamarino, Schmidt, Sturtevant, and Ward Absent: None Others Present: Recording Secretary Annette Manier Staff Present: Community Development Director Warren Frace, Associate Planner Callie Taylor, and Assistant Planner Alfredo Castillo APPROVAL OF AGENDA MOTION: By Vice Chairperson Bentz and seconded by Commissioner Sturtevant to approve the agenda. Motion passed 6:0 by a roll -call vote. PUBLIC COMMENT None PC Draft Action Minutes of 11/16/10 Page 1 of 7 PLANNING COMMISSION BUSINESS None CONSENT CALENDAR 1. APPROVAL OF ACTION MINUTES OF THE PLANNING COMMISSION MEETING ON NOVEMBER 16, 2010. MOTION: By Vice Chairperson Bentz and seconded by Commissioner Colamarino to approve the Consent Calendar. Motion passed 6:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS 2. PLN 2010-1386, TREE REMOVAL PERMIT FOR 8455 SANTA ROSA ROAD Property Atascadero Christian Home, 8455 Santa Rosa Road, Atascadero, CA 93422 Owner/Applicant: Certified Arborist: Henry Curtis, Whit's Turn Tree Care, 11755 Cenegal, Atascadero, CA 93422 Project Title: PLN 2010-1386 / TRP 2010-0145 Project 8455 Santa Rosa Road, Atascadero, CA 93422 Location: APN 056-301-039 (San Luis Obispo County) Project The applicant has requested removal of one (1) 50 -inch DBH Valley Oak tree Description: located approximately 15 feet from residence #N in the Atascadero Christian Home complex. The tree has been evaluated by an arborist and it has been determined that the tree has significant decay in the majority of the scaffolding branches and large cavities in the main branches. Due to the location of the tree in close proximity to a residence, the potential failure of limbs creates a hazardous situation. The tree is proposed for removal with mitigation for replanting of eight (8) 5 -gallon native trees on site. General Plan: SFR -Y Zoning: RSF-Y Assistant Planner Alfredo Castillo gave the staff report and answered questions from the Commission. DISCLOSURE OF EX PARTE COMMUNICATIONS: • Commissioner Schmidt stated his mother lives at the Atascadero Christian Home, but it would have no bearing on his vote. PC Draft Action Minutes of 11/16/10 Page 2of7 • Commissioner Ward looked at the tree, and agrees with what the arborist described in the report. PUBLIC COMMENT None MOTION: By Vice Chairperson Bentz and seconded by Commissioner Sturtevant to adopt Resolution PC 2010- 0023 approving PLN 2010-1386, Tree Removal Permit 2010-0145 to allow the removal of one (1) hazardous Valley Oak tree totaling 50 -inches dbh located at the Atascadero Christian Home at 8455 Santa Rosa Road subject to conditions of approval. Motion passed 6:0 by a roll -call vote. PUBLIC HEARINGS 3. PLN 2010-1378, MINOR CONDITIONAL USE PERMIT FOR 5000 SAN PALO ROAD Property Owner: Kiker and Pilch, c/o Pilch Family Trust, 1001 Foothill Blvd., San Luis Obispo, CA 93405 Applicant: Ellen Goodwin, SDG Architects, Inc., 762 Higuera St., Ste. 212, San Luis Obispo, CA 93401 Project Title: PLN 2010-1378 / Minor Conditional Use Permit 2010-0253 Project 5000 San Palo Road, Atascadero, CA 93422 Location: APN 049-225-008 (San Luis Obispo County) Project Minor Conditional Use Permit to convert a non -operational automobile Description: dealership to medical offices. General Plan: General Commercial (GC) Zoning: Commercial Tourist (CT) Proposed Class 1 of the California Environmental Quality Act (CEQA) (Section 15301, Environmental Existing Facilities) exempts minor alteration of existing public or private Determination structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of an existing use. Negligible expansion includes additions to existing structures provided that the addition will not result in an increase of more than 50% of the floor area of the structures before the addition, or 2,500 square feet, whichever is less. PC Draft Action Minutes of 11/16/10 Page 3of7 Commissioner Schmidt recused himself because the applicant is a client of his. Commissioner Schmidt left the room. DISCLOSURE OF EX PARTE COMMUNICATIONS: • Commissioner Ward visited the site and spoke with no one. Assistant Planner Alfredo Castillo gave the staff report and answered questions from the Commission. PUBLIC COMMENT The following people spoke during public comment: Ellen Goodwin, Architect with SDG Architects and Dr. Boris Pilch, property owner. Ms. Goodwin and Dr. Pilch answered questions from the Commission. Ms. Goodwin and Mr. Pilch requested that the Commission remove Condition 10 from the Conditions of Approval. Mr. Pilch stated he would like Condition 6 to state that the property owner of the San Palo Inn must also provide reciprocal access. Director Frace and Assistant Planner Castillo explained their reasons for keeping Conditions 6 and 10. Chairperson Moreno closed the Public Comment period. There was Commission consensus to have Staff take a short recess to reword Condition 6. Chairperson Moreno recessed the meeting at 8:02 for a break. Chairperson Moreno called the meeting back to order at 8:07. Chairperson Moreno reopened the Public Comment period. The following people spoke during public comment: Boris Pilch. Chairperson Moreno closed the Public Comment period. MOTION: By Commissioner Sturtevant and seconded by Commissioner Colamarino to adopt Resolution PC 2010- 0021 approving PLN 2010-1378, approving Minor Conditional Use Permit 2010-0253 to allow medical office uses within the Commercial Tourist Zone located at 5000 San Palo Road subject to findings and the PC Draft Action Minutes of 11/16/10 Page 4of7 amended conditions of approval. Condition 6 will read "Prior to the final occupancy of the building, the owner of subject parcel 049-225-008 will follow through on their commitment to offer reciprocal access easement with the adjacent property owner at 4900 San Palo Road APN 049-225-017 for southern driveway access in exchange for an easement on the northern San Palo Inn parcel provided by the property owner of APN 049-225-017. This requirement may be waived by the Planning Commission prior to occupancy if an agreement cannot be reached to the satisfaction of the Planning Commission." Condition 10 will be stricken. Motion passed 5:0 by a roll -call vote. (Schmidt abstained) Commissioner Schmidt rejoined the meeting at 8:24 p.m. 4. PLN 2099-0931, AMENDMENT TO CUP 2002-0074,9500 LAS LOMAS / CASA BELLA COURT Property TAG Investors, LLC, 2055 Corte Del Nogal, Carlsbad, CA 92011 Owner/Applicant: Project Title: PLN 2099-0931, Amendment to CUP 2002-0074 (Villas at Montecito) Project Lots 1-4 and Lots 18-29 Casa Bella Court (Previously 9500 Las Lomas) Location: Atascadero, CA 93422 APN 030-481-009 through 012, and 030-481-026 through 037 (San Luis Obispo County) Project An Amendment is proposed to the Master Plan of Development for the Villas at Description: Montecito. Revisions to Lots 1 and 2 are proposed to move the units closer to Casa Bella (the private internal street) in order to pull units off the slope. Revisions are proposed to the floor plans and elevations of Lots 1-4. Lots 18-29 are proposed to be built as detached single-family homes, rather than the attached duplex units which were originally approved. Elevation and floor plan changes are proposed for Lots 18-29 to coincide with the proposed detached units. The are no changes proposed to the lot line locations or number of bedrooms in the units. General Plan: High Density Residential (HDR) Zoning: Residential Multi -Family 16 with Planned Development 18 Overlay (RMF-16/PD18) Proposed The Amendment is consistent with Mitigated Negative Declaration 2002-0038 Environmental which was prepared for the original project and certified by the Atascadero City Determination Council on March 25, 2003. PC Draft Action Minutes of 11/16/10 Page 5of7 DISCLOSURE OF EX PARTE COMMUNICATIONS: • None Associate Planner Callie Taylor gave the staff report. Associate Planner Taylor and Director Frace answered questions from the Commission. PUBLIC COMMENT The following people spoke during public comment: Jerry Reiss with Reiss Construction. Mr. Reiss answered questions from the Commission. Chairperson Moreno closed the Public Comment period. MOTION: By Commissioner Colamarino and seconded by Commissioner Ward to adopt Resolution PC 2010-0022 amending an Amendment to the Master Plan of Development (Conditional Use Permit 2002-0074) on APN 030-481-009 through 012, and 030-481-026 through 037 subject to findings and conditions of approval. Motion passed 6:0 by a roll -call vote. There was continued discussion on parking. There was Commission consensus to direct Staff to work with the applicant to increase access to off-street parking (Condition 4). COMMISSIONER COMMENTS AND REPORTS None DIRECTOR'S REPORT Director Frace announced that the next meeting will be on December 7, 2010. The Housing Element and an Amendment to the former Rite Aid building will be on the agenda. Currently, there are no items scheduled for the December 21" meeting, so it may be cancelled. Director Frace gave an update on the Walmart EIR. The public review draft will be available in January 2011. PC Draft Action Minutes of 11/16/10 Page 6of7 The City has received 12 proposals to prepare the EIR for the Eagle Ranch project. The City Council will award the contract to a consultant in January. There will be a number of public workshops during the first half of next year. ADJOURNMENT - 9:15 p.m. The next regular meeting of the Planning Commission is scheduled for December 7, 2010, at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero. MINUTES PREPARD BY: Annette Manier, Recording Secretary \\cityhall\cdvlpmnt\- pc minutes\pc minutes 10\pc draft actn minutes 11 16 10.doc PC Draft Action Minutes of 11/16/10 Page 7 of 7 ITEM NUMBER: 2 DATE: 12-7-10 CITY OF ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT DRAFT Planning Commission Meeting Schedule 2011 MEETING DATE MEETING TYPE TIME LOCATION: City Hall Council Chambers 6907 El Camino Real Atascadero " January 4 Regular 7:00 p.m. 7:00 p.m. January 18 Regular " February 1 Regular 7:00 p.m. " February 15 Regular 7:00 p.m. " March 1 Regular 7:00 p.m. " March 15 Regular 7:00 p.m. " April 5 Regular 7:00 p.m. " April 19 Regular 7:00 p.m. " May 3 Regular 7:00 p.m. " May 17 Regular 7:00 p.m. " June 7 Regular 7:00 p.m. " June 21 July 5 Regular No Meeting 7:00 p.m. " -- July 19 Regular 7:00 p.m. " August 2 Regular 7:00 p.m. " August 16 Regular 7:00 p.m. " September 6 Regular 7:00 p.m. " September 20 Regular 7:00 p.m. " October 4 Regular 7:00 p.m. " October 18 Regular 7:00 p.m. " November 1 Regular 7:00 p.m. " November 15 Regular 7:00 p.m. " December 6 Regular 7:00 p.m. " December 20 Regular 7:00 p.m. " \\Cityhall\cdvlpmnt\PC Meeting Schedule\PC Meeting Schedule 2011.doc 6907 EL CAMINO REAL, ATASCADERO, CA 93422 • (805) 461-5000 • FAX (805) 461-7612 ITEM NUMBER DATE: 12-7-10 Atascadero Planning Commission Staff Report - Community Development Department Alfredo R. Castillo, AICP Assistant Planner, 470-3436, acastillo@atascadero.org PLN 2008-1273 Amendment to Conditional Use Permit 2008-0223 7055 EI Camino Real Rite-Aid Master Plan of Development (Atascadero Prec. LLC) SUBJECT: The proposed project consists of an application to amend Conditional Use Permit (CUP) 2008-0223 to allow for a drive-through restaurant facility as a part of the Master Plan of Development for the existing Rite-Aid site. The application includes design schemes for exterior renovation and remodel of an existing 21,500 sf retail building (former Rite Aid site) and convert approximately 1,650 sf of the existing building shell into a Starbucks Coffee with drive-through and outdoor patio space. The remaining 19,850 sf will be renovated for future tenants. This space would include 13,850 sf of dedicated retail space and 6,000 sf of storage and service areas. RECOMMENDATION: Staff Recommends Planning Commission: Adopt Resolution PC 2010-0024, approving an Amendment to the Master Plan of Development (Conditional Use Permit 2008-0223) to allow an additional drive-through facility as a part of the renovation and remodel of the existing 21,500 square -foot retail building at 7055 EI Camino Real based on findings and subject to conditions of approval and mitigation monitoring consistent with adopted Mitigated Negative Declaration. DISCUSSION: Situation and Facts: 1. Property Owner: Atascadero Prec., LLC, 5034 Carpinteria Ave., Carpinteria, CA 93013 2. Applicant: 3. Project Address: 4. General Plan Designation 5. Zoning District: 6. Site Area: 7. Existing Use: 8. Environmental Status DISCUSSION: Surrounding Land -Use and Setting ITEM NUMBER: 3 DATE: 17 -7 -in Thom Jess, Arris Studio Architects, 1540 Marsh Street #150, San Luis Obispo, CA 93401 7055 EI Camino Real, Atascadero, CA General Commercial Commercial Retail 3.017 acres Existing Rite-Aid and parking lot area Consistent with adopted Mitigated Negative Declaration 2008-0003 (SCH # 2008021071) Former Rite Aid F Ile, Building a � . _ t 5., New Rite Aid Drug Store North: Residential Multi -Family South: 101 Freeway East: Vons Shopping Center West: Colony Square Background In 2008, the Planning Commission approved a CUP for a Master Plan of Development to allow for construction of a new 17,340 sf Rite Aid with drive-through pharmacy and preliminary designs for the remodel of the former Rite Aid building. ITEM NUMBER: 3 DATE: 17 -7 -in The new Rite Aid Building commenced construction in 2009 and was completed in 2010 with the drive-through pharmacy facility, enhanced gateway and landscaping treatment along the intersection of Highway 41 (Morro Road) and EI Camino Real. Since the opening of the new Rite Aid in July 2010, the former store has remained vacant awaiting a renovation consistent with the approved CUP. The applicant is proposing revised architectural elevations for the former Rite Aid building that would include a Starbucks Coffee shop with a drive-through facility as an initial tenant to a portion of the building. The Starbucks would vacate its existing location at 7131 EI Camino Real (within the same shopping center, adjacent to Vons) and move to a new 1,650 sf space in the renovated former Rite Aid Center. The additional retail space remaining will also be renovated for additional tenant(s). ANALYSIS: Site Plan The applicant is proposing to renovate the former Rite Aid building at 7055 EI Camino Real. As a part of renovations, the applicant is requesting the approval of an additional drive-through facility on the subject parcel to accommodate a new Starbucks Coffee restaurant that will utilize a portion of the existing building. Proposed Site Plan Revisions S A NTA YA8$�V \ RM CO \l. npl 'ON,Q' At � / Existing Starbucks to relocate 41 _� ITEM NUMBER: 3 DATE: 12-7-10 To accommodate the new drive-through use, the applicant has proposed the elimination of 10 parking spaces along west elevation of the existing building (Highway 41 side) as well as three (3) additional parking spaces in the front of the former Rite Aid building to accommodate patio/outdoor seating. Access will remain the same for the proposed remodel and additional drive-through. Full turning movements will still remain for egress/ingress at the Highway 41 driveway. Additional access is available for the subject parcel along EI Camino Real just south of the new Rite Aid. In addition, users can access the site from an additional driveway on an adjacent parcel. This driveway provides signalized access to Highway 101 southbound and provides left turn movements onto northbound EI Camino Real. The applicant is proposing a reconfiguration of the parking lot by replacing a double sided parking aisle with a single parking aisle. In order to alleviate additional queuing that may occur at the Highway 41 driveway, the primary drive thru entry is located in the double parking bay area adjacent to the proposed drive-through lane. Proposed Area for Drive -Through Facility 0.`DOCKDOCK � � •7 I= i Tof FDrive-Through Entry A parking analysis was completed by City Staff. With the inclusion of bicycle racks in both the new Rite Aid and proposed in the renovation of the existing building, the inclusion of motorcycle parking and a credit for shared parking, the subject parcel is required to have a total of 102 parking spaces. The project is providing a total of 104 spaces spread among the various existing and proposed uses throughout the site. ITEM NUMBER: 3 DATE: 12 -7 -in The applicant has identified the accessible "path of travel" to ensure pedestrian connectivity with the adjacent residential neighborhood as well as uses in Colony Square. The applicant is proposing utilizing the existing sidewalk and entryway at the corner of Highway 41 and Capistrano. The path of travel is identified on the figure above by the dashed line. Traffic Analysis A circulation analysis was completed prior to the approval of the new Rite Aid building in January of 2008. The applicant has completed supplemental traffic report with this proposed amendment updating the analysis that was completed to include trip generation analysis for the proposed Starbucks Drive-through. The supplemental analysis assumes that the existing building (former Rite Aid) would be leased to new retail tenants along with the completion of the 17,340 sf Rite Aid. The analysis also assumes that traffic already generated by the existing Starbucks (7135 EI Camino Real, adjacent to Vons) would be instead diverted to the northwest portion of the combined Rite Aid / Von's center. In all cases, the traffic analysis assumes existing trips from the former Rite Aid building. The existing counts were taken when the Rite Aid was still in operation at 7055 EI Camino Real. Thus, the existing volumes assume that some form of retail use is occurring at the former Rite Aid site (now vacant). The analysis shows upon completion of the proposed Starbucks drive-through that the entire Rite Aid center would generate a total of 2,871 Average Daily Trips (ADT) with 233 trips during the AM peak hour and 211 trips during the PM peak hour. These trips are for all uses in the site, including the new Rite Aid and an assumed retail use in the proposed renovated building. Of these trips, 2,144 ADT; 116 AM peak hour trips; and 105 PM peak hour trips would be primary trips. Primary trips are considered trips that are the ultimate destination for a driver. The other trips are considered "pass by" trips or trips that people make while going to another ultimate point. The analysis included turning volumes at the critical Highway 41 (Morro Road) driveway as well as the right turn in/right turn out driveway for the subject parcel along EI Camino Real. Existing turning movements at these driveways assumes that the "plus project" scenario includes the new Rite Aid and the proposed Starbucks drive-through facility. Additional analysis included volumes turning into the subject property from Highway 41. The data is summarized in the table 1. No conflicts with the remaining portions of the center's circulation system are expected. The traffic analysis notes that prior to 9 am, parking demands for the retail sites are less than half of the peak parking demand. Parking demand intensifies after 11 am, by that time any drive thru demands could be accommodated in the drive thru aisle and not spill into parking bays. ITEM NUMBER: 3 DATE: 12 -7 -in Driveway Turninq Movements 1: Existi g Volumes assume a retail i 2: Additi nal Pr ject assumeshe NE 12 S_ E 'o c 7 3 F 0 s a rnb 3 x ,sq jrt ante 1898VI14aIf pF6rhidrRt1i�'lGlid) w -Bite and Pro osed Starbucks with Drive-through NEW RITE AID F O 5i EL CAMINO REAL 0 3 J� L 1 -Right In Only Based on this information, the analysis concludes that the project driveway along EI Camino Real is expected to operate acceptably because of the restricted right turn in/right turn out movements. The calculations for the Highway 41 access indicate that the driveway would operate at a level of service (LOS) of B during the peak AM 15 minute period. A LOS of B indicates that there may be a 10 to 15 second delay at the intersection according to the Highway Capacity Manual (HCM). Queues during the AM peak period are expected to be less than one vehicle at this intersection. For the PM peak period, this driveway is expected to operate at a LOS C, with queues during this peak period of less than 5 vehicles. According to the HCM, typical delay for a vehicle at this intersection would range from 15 to 25 seconds. The traffic analysis indicates that the Highway 41/project driveway intersection would operate acceptably under the existing plus project conditions. Drive-through Design Table 1 Peak Hour Traffic Volumes -High a 41 On -Site Drivewa Existing Volumes am/ pm l Additional Project Existin Project Volumes am/(M)2 a / pm Right urn ut 21/(135) MY 81 Left Turn O t 21/(88) 1 70/(31) ! 61 19 Peak Hour Traffic Volumes -EI Camino Real On -Site Drivewa Right turn 16 Onl _ 6 N/A 1 $L1 I 16/113) Right Turn Out Orslyv I N/A I I Z r 1 14/(l 3) 14/J1 3) Peak Hour Traffic Volume Highway 41 Into the Subject Parcel Right turn In (Eastbound) _ 47/(120) J 44/(46) 1 91/(166) Left T rn In Westbound 4—Rlgl44 79 t (Highw y 41 Dr ASAP0) 1 89/(J09) 1: Existi g Volumes assume a retail i 2: Additi nal Pr ject assumeshe NE 12 S_ E 'o c 7 3 F 0 s a rnb 3 x ,sq jrt ante 1898VI14aIf pF6rhidrRt1i�'lGlid) w -Bite and Pro osed Starbucks with Drive-through NEW RITE AID F O 5i EL CAMINO REAL 0 3 J� L 1 -Right In Only Based on this information, the analysis concludes that the project driveway along EI Camino Real is expected to operate acceptably because of the restricted right turn in/right turn out movements. The calculations for the Highway 41 access indicate that the driveway would operate at a level of service (LOS) of B during the peak AM 15 minute period. A LOS of B indicates that there may be a 10 to 15 second delay at the intersection according to the Highway Capacity Manual (HCM). Queues during the AM peak period are expected to be less than one vehicle at this intersection. For the PM peak period, this driveway is expected to operate at a LOS C, with queues during this peak period of less than 5 vehicles. According to the HCM, typical delay for a vehicle at this intersection would range from 15 to 25 seconds. The traffic analysis indicates that the Highway 41/project driveway intersection would operate acceptably under the existing plus project conditions. Drive-through Design ITEM NUMBER: 3 DATE: 12-7-10 There will be two ways to access the drive thru lane. The primary entryway is from the parking bay adjacent to the drive thru lane. The primary access is designed this way to avoid cars queuing near the Highway 41 driveway. A secondary access is also available from the first parking bay for direct Drive -Through Queue Configuration drive-through access, however, this entry will not be signed as a drive thru entry. To guide drivers exiting the proposed drive-through facility into EI Camino Real, the project includes a left turn only exit that channels drivers into making a left turn. The drive thru has been designed to accommodate the recommended storage of 11 vehicles. The recommended vehicle storage for the proposed Starbucks drive- through is based on peak demand data collected from 12 local Starbucks locations. The peak demand for the drive-through IPIIEI+FW OAOEg,r.:: �..: L f Drive -Through Route " - 4 I I 17AN AWM cow mv Entry Sign e I I rseeec � PR¢iM6RY — • ..I ■o� • I - — -- Lift Tur SIUN On STARBUCKSl COFFEE I.WSF occurs during the AM peak hour. The storage for six (6) vehicles is available in the drive thru aisle and the additional five (5) vehicles would be provided in the adjacent parking bay where motorists are directed to access the drive-through. Architecture Conceptual elevations were proposed for the original Rite Aid building with the intent that it would eventually be remodeled for future tenants. The building remodel proposal includes fagade enhancements to the north and east elevations. Fagade enhancements include decorative lighting, stylized awnings, tile accent features, and redesigned entries with tile roof elements. The figure below shows the conceptual elevations that were included as part of the CUP approval. ITEM NUMBER: 3 DATE: 12 -7 -in Approved CUP Conceptual Elevations Eximdng Building Remodel - Sche tic West ElevaNm. Trash Eixleau" ElevaBaa w s �L — * —1 ExUdng Bntldfng Remade] - Sd,e & South is vatkm ,-.— '" EXISTING BUILDING JLN-LLC 1"'llu EVATION - _-- � �LE5...� Atascadero; Califon -da ,acN�nen 5H8ET 6a bF 9 SHEETS ITEM NUMBER: 3 DATE: 17 -7 -in The applicant's proposed facade improvements are shown below. Proposed Conditional Use Permit Amendment Facade Improvements Staff finds that the proposed amendment's fapade improvements are substantially in conformance with the conceptual elevations included as part of the approved CUP. The proposed color scheme is similar in nature to the new Rite Aid building and will create a cohesive look between the two buildings. The most substantial change between the conceptual elevations and those proposed is on the western elevation. The proposed elevations do not include the height - differentiated architectural fagade elements as shown on the conceptual elevation sketch. However, awnings, climbing vines, and a stone veneer architectural pop -out have been included to create depth and variety. Signage The elevations below show the conceptual sign locations for remodeling of the former Rite Aid building, which were proposed with the CUP approval of the new Rite Aid. ITEM NUMBER: 3 DATE: 12-7-10 im _--X15 This approved CUP shows signage location for two tenant spaces; two wall signs for the corner tenant space and one wall sign for the inner tenant. During the processing of the CUP, staff provided a condition for a hierarchy of signs, should the existing building be divided into multiple configurations based upon which businesses choose to occupy the vacant space. Adopted Condition 12, set the following stipulations for any new signage on the former Rite Aid building. The stipulation is as follows: 12. Signage shall be permitted as proposed in EXHIBIT F with the following modifications: • Signage for major tenants in the existing building (10,000 sf or greater) shall be a maximum of 65 sf. Signage for minor tenants (less than 10,000 sf) shall be a maximum of 25 sf. The corner tenant will be considered a major tenant regardless of size and shall be allowed signage on both elevations. • Directional signs shall be powder coated in a color which is consistent with the proposed building. The proposed Starbucks Coffee is would be the corner tenant, it is considered a major tenant with a maximum of 65 sf for signage and allowed signage on both the south and west elevations. The applicant has submitted a sign package which includes proposals for sign locations, directional signs, drive-through oriented signs, and wall signs. The two images below illustrates the proposed sign locations on the south and west elevations. ITEM NUMBER: 3 DATE: 12-7-10 Proposed South Elevation with Signage Locations PROPOSED EL CAMINO REAL {SO UTN} ELEVATION Proposed West Elevation with Signage Locations - STARRUCKSCOEFEE _ — �0 �,..omn ew�c w..s sraxre.x rew •Ys..o .,.io..a. PROPOSED HIGHWAY 41 (WEST) ELEVATION I The elevations provide graphical representation for the proposed Starbucks signs as well as proposed location of wall signage for future tenants. Proposed Wall Signage Two wall sign locations are proposed; one each on the southern and western elevations. This is in conformance with the conceptual sign locations and Condition 12 which permits the corner tenant to install signage on both the southern and western elevations. Two signs are proposed for each wall sign location. The first is a "Starbucks Coffee" channel letter sign on each elevation. The square footage for each channel letter wall sign is approximately 36.5 square feet, for a total of approximately 73 square feet. The color of the channel letters is "Holly Green" (31VI Scotchcal #3630-78) with a white outline. ITEM NUMBER: 3 DATE: 12 -7 -in Proposed Channel Letter Wall Signage 11'-6.1"M-1 t 9 • f2741-1 !STARBUCKS COFFEE ����I�MC�I�� gOC�I�I�I� Also included in the wall signage is the "Drive Thru" oval sign. The proposed location of each oval sign is directly below the "Starbucks Coffee" wall sign. Each sign is approximately 13 square feet, for a total of 26 square feet. Proposed Oval Drive-through Signage �1 DRIVE THRU 59'IJSImm? The total proposed wall signage is approximately 99 square feet. This exceeds the 65 square feet permitted for corner tenants by Condition 12 of the approved CUP. Staff is recommending that Condition 12 be modified to permit the additional square footage for the corner building to give motorists along Highway 41 better visual recognition of the new Starbucks drive-through. Drive-through Signage The sign package includes numerous drive-through oriented signs. These include directional signs, height restriction bar with double -face logo, and two box menu - oriented signs. The proposed drive-through directional sign is a 3'10" high monument sign with two locations on the site, labeled as #1 in Exhibit H, Master Sign Program. Both signs are located along the travel route leading into and out of the Vons Shopping Center. ITEM NUMBER: 3 DATE: 17 -7 -in Proposed Drive-through Directional Sign Face 8 frame Horizontal Cross Section radius 5'-7' (1702mm) —\ 2'- 1"1616mm1 4 314 '� (121 O tS7ittn 6 Area of sign A J116" (5mm) Vents 1� g N ` Grey ABS decor (25mm) 0 2 sf max, _ Pugh through logo CD Ln 0 rn B 1B' Clear polycarbonate face Painted white s _ Weatherproof switch with OWOFF sticker ? Molded ABS box painted to match PAYTONE Black 7C 3 13ne- ;`� SILL�i Vents 1" (25mm)O Elevation Area of sign 2 sf max. 14 Other Side Side View Section 9-15.003 of the Atascadero Municipal Code, related to safety and directional signs, states the following: (12) Safety and Directional Signs. With an aggregate area not exceeding four (4) square feet. Such signs shall be pedestrian scale. The City has a compelling interest in ensuring traffic and pedestrian safety. To directly advance that interest, such safety and directional signs are allowed. To maintain consistency with the City's code as well as reduce signage clutter along the center's primary route, Staff is proposing an amendment to condition 12 that requires each face of a direction sign shall not exceed two (2) square feet of text and logos. ITEM NUMBER: 3 DATE: 17 -7 -in The height restriction bar is located near the entrance to the drive-through stacking area. It is 14'9" inches in height, which includes the Starbucks corporate logo affixed at the top. The height bar extends ten feet out from the support pole. 1e E16 :t S Proposed Drive-through Height Restriction Bar &qn mw be appw.ad M M Ma r, C - EalCnoal Ca0a. 1110nwaua laWIM11, CUA_ WO as appbob* bul coos (457mm) D © 41 © 13 M +e E 13 N1 13E 176 3E -' 1t0 3E 14 E 4E 1'd J"(lNmmj-� � (pOmm) � f— T CLEARANC eF L e "(tl76mmf 7 � 10'-0"(3048. m I L 7 E 6 I F Side View f� -4.- 1' 3 •'g The sign package includes two menu -oriented signs in the drive-through stacking area: a pre -menu sign and a menu sign. Both of signs are located in the stacking area and are labeled as #3 and #5, respectively, in Exhibit H. ITEM NUMBER: 3 DATE: 12 -7 -in Proposed Pre -Menu Signage Proposed Menu Signage 2' X 4• X 118' WELDED STEEL FRAME ALL METAL PARTS POVDER—COATED PRISMATIC ARCH BROWN .! CLEAR nVEREtlAT 4' 2' X 2' SPACERS PATH OF T14RU J—BOxAND IN 2' x 4' STEEL ASB' ALUMINUM BASE SKIRT sf RECESSED CENTER ANO 1g' ALUMINIIN BASE RACK CORNERS SKM7H k JV NCLKTING PLATE, 9 ao WELDED TO STEEL L 1 2' X 4' FRAME nR[VE THRLf HIOSK 5 PANEL PAH ra D$J0DJD6 $TARBUCKS - L -40' Landscaping The applicant proposes modifying landscaping for the new parking bays and providing additional landscaping around the drive-through aisle to soften some of the blank wall space along the drive-through aisle. The applicant proposes planting additional deciduous trees in planting strips around the parking bays along with medium to large shrubs and smaller shrubs and flowers to compliment the deciduous trees. No turf is r X s' X V®• MCS WO STEEL FRAME ALL ICTAL MARTS PO4KR-CMTEO PRISMFTIC AASH 11 p .. CLEu OVERM0 .=EO r x r SPACER' 2• 5[E b[pCTE . +r TSIK CIIRAglS rauwE s+eocrN. PATH W VIRING SIMJ J -8M .0 HOLES • IN r X 4' STEEL FRAME 010' AIUMi>L11 EASE S Y RECESSED CENTER MFNO K' /iLLiNl'Iili1P 8AY 8A[x X' vriM01MiWG rFE To saeEL _— � � RRlvf THRy .10,9I[I09� PRE-EPaRB 8510 m I STAR81 s Proposed Menu Signage 2' X 4• X 118' WELDED STEEL FRAME ALL METAL PARTS POVDER—COATED PRISMATIC ARCH BROWN .! CLEAR nVEREtlAT 4' 2' X 2' SPACERS PATH OF T14RU J—BOxAND IN 2' x 4' STEEL ASB' ALUMINUM BASE SKIRT sf RECESSED CENTER ANO 1g' ALUMINIIN BASE RACK CORNERS SKM7H k JV NCLKTING PLATE, 9 ao WELDED TO STEEL L 1 2' X 4' FRAME nR[VE THRLf HIOSK 5 PANEL PAH ra D$J0DJD6 $TARBUCKS - L -40' Landscaping The applicant proposes modifying landscaping for the new parking bays and providing additional landscaping around the drive-through aisle to soften some of the blank wall space along the drive-through aisle. The applicant proposes planting additional deciduous trees in planting strips around the parking bays along with medium to large shrubs and smaller shrubs and flowers to compliment the deciduous trees. No turf is ITEM NUMBER: 3 DATE: 12 -7 -in proposed to be utilized consistent with the City's landscaping ordinance. Ground covering and drought tolerant grasses are proposed to be planted as a part of replanting this section of the existing development. Findings Conditional Use Permit A Conditional Use Permit to establish a Master Plan of Development is required for all projects that include drive-through facilities and must be reviewed and approved by the Planning Commission based on the potential negative impacts of the use. The CUP process provides the opportunity for the public and the Planning Commission to review the specifics of land use proposals, such as appropriateness of use, site design, landscape, signage, and specific standards of the Zoning Ordinance. The Planning Commission must make the following five findings to approve a CUP: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual. Staff Comment: The use is consistent with the General Commercial designation of the General Plan and General Plan Policies and Programs listed above. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance). Staff Comment: As conditioned, the project satisfies all conditional use permit and commercial zoning code requirements. 3. 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. Staff Comment: The proposed commercial development will not be detrimental to the general public or working persons health, safety, or welfare. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: The project has been designed with upgraded fagade elements and compatible landscaping. The project site is designated as a gateway location to the Downtown Atascadero and thus, the Planning Commission must find that the proposed use and/or site and building design features are consistent with this goal. ITEM NUMBER: 3 DATE: 12 -7 -in 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Staff Comment: The proposed project and use, as conditioned, is consistent with the traffic projections and road improvements anticipated within the General Plan. Environmental Determination A Mitigated Negative Declaration was circulated to public agencies and interested members of the public on February 15, 2008. The environmental analysis identified concerns regarding potential impacts to aesthetics, noise, air quality, and traffic. Mitigation measures pertaining to these resources are included and recommended mitigation measures from the APCD were incorporated. The Planning Commission certified the Mitigated Negative Declaration as a part of the PLN 2008-1273. Staff has determined that the proposed amendment to CUP 2008-0223 is consistent with the adopted Mitigated Negative Declaration. Although additional traffic will be generated because of the new drive -facility, based on the supplemental traffic analysis, it is expected that the driveways and other internal circulation will be continue to function at acceptable levels. rnnrhminn The proposed amendment is consistent with approved CUP and the ultimate intent to renovate the existing former Rite Aid building to obtain additional tenants. The revised Master Plan of Development covers all site development, landscaping and architectural design standards for the project. The proposed project is consistent with the Atascadero Municipal Code requirements for commercial development, as analyzed within this Staff Report. ALTERNATIVES 1. The Commission may recommend modifications to the amendment and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the amendment and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. ITEM NUMBER: 3 DATE: 12-7-10 3. The Commission may deny the amendment. The parcel would retain its designation of Commercial Retail and may proceed with a remodel of the existing former Rite Aid consistent with approved conceptual elevations. No additional drive-through facilities would be permitted at this time. The Commission should specify the reasons for denial of the amendment and make an associated finding with such action. ATTACHMENTS: Attachment 1: Location Map, General Plan, and Zoning Attachment 2: Supplemental Traffic Analysis Attachment 3: Draft Resolution 2010-0024 ITEM NUMBER DATE: 12-7-10 Attachment 1: Location Map, General Plan and Zoning Zoning District: Commercial Retail General Plan Designation: General Commercial ITEM NUMBER DATE: 12-7-10 Attachment 2: Supplemental Traffic Analysis �..�"�. Perrfie1dFh'Srruth ,1f East lflctoriaStrV3tRECEI I -r is aarban. CR 931111 W BdS-963-9532 fax 8x5.966 -seas .ate f,ss�.Ca^ W ED W.C. 18228:03 November t'9, 2010 � Nov 19 2010 Mr. Peter Lewis Atascadero PREC, LLCGOMAtUH DEVELOP 5034 Carpinteria Avenue --7__` Carpinteria, SGA 93013 Subject: Supplemental Traffic Analysis for the Rite Aid Project, Bwt—ora cammiro City of Atascadero, CA SO FrX kW 2 LSrr_Bater Dear Mr. Lewis Penfield & Smith has completed the following supplemental traffic analysis for e ea the Rite Aid Project. The original traffic study (Rite -,lid On -Off Site Circulation Analysis, January ID, 2008) analyzed the relocation of the existing Rite Aid to a Lana $'�rys:Vti9 new building in the shcpping center. The current proposal is to construct a 1,600 square feet (SF) Starbucks coffee shop in the existing building vacated by Rite Land Use Fnwri4ng 1 Aid. The supplemental traffic analysis below updates the trip generation co^awn i estimates and site access and circulation analysis for the project. manager nt & lnspe bm Traffle & Trmiepo ralko f project Description ErOne9r" TranSp�rlatJpn Rannng The project site is located in the Plaza Del Camino Shopping Center, on the northeast corner of the State Highway 41 (Morro Road)/El Camino Real stwcc�ra, ErgtnPer q intersection in the City of Atascadero. The project includes the relocation of the ware, R.4wurces existing Rite Aid to a new 17,340 SF building on the site. The applicant also er4r 04-,r, proposes to construct a 1,600 SF coffee shop with drive-through window in the GIS vacated building. Exhibit 1 illustrates the updated site plan. I Project Trip Generation The trip generation estirnates for the project are summarized in Table 1. It was assumed that' existing building space would be leased to new commercial tenant(s) in the future. No trip credit for existing uses was therefore applied to the protect trip estimates. The Starbucks already exists in the shopping center and would be relocated to the new location. Since the relocation would divert existing coffee shop traffic to the northwest portion of the shopping center.. no trip credit was assumed for the proposed Starbucks. It is noted that when turning volume counts were collected by Penfield & Smith in 2008, the Rite ,Aid was not yet relocated. and traffic generated by the existing (now vacated) building are thus included in the traffic counts. The existing building is therefore not included in the project tep generation estimates. ITEM NUMBER DATE: 12-7-10 Attachment 2: Supplemental Traffic Analysis Mr. Peter Lewis November 19, 2010 Page 2. The trip generation for the Rite-Aid with a drive-through pharmacy were developed using SANDAL rates. Trip generation estimates for the proposed coffee shop were developed based on rates contained in the ITE's Trip Generation Manual, So Edition for Coffee�Donui Shop with Drive -Through Window (Land Use #937). Since the Starbucks proposes to occupy a portion of the existing building, the trip generation estimates include the net increase In traffic resulting from the conversion of that 1,600 SF of the existing building from retail I coffee shop The trip generation rates contained in the Trip Generation Manual assume that each land use is stand alone. Since the Rite Aid and the Starbucks are located within the shopping center, a 15% mixed-use factor was applied to account for iiltemal trips generated between the various uses within the shopping center. A portion of external trips to the Rite Aid and Starbucks would be `pass -by trips", meanilg trips that are already on the adjacent road system and stop at the site on their way to or from another (primary) destination, Pass -by trips are therefore not new to the study area. ITF's Trip Generation Handbook oontains pass -by rate for pharmacies with drive-through window (49°%); rates for coffee shops are not yet available. Similar land uses, such as expresso stand (89°%) and fast-food restaurant with drive-through (50°%) indicate that pass -by rates for coffee shops with drive-through will be 50% or higher. For this analysis, a conservative pass -by rate of 10% for ADT and 35% for peak hour trips was used for hath project components. Table 1 Trip Generation Estimates Rite Aid Relocation and Starbucks Coffee Shop Land Use Size SF AOT AM Peek. Hour Tris In Out Total PM Peak Hour Trips In Out Total New We Aid a 17,340 1,561 37 25 fit 78 78 156 Coffee Shop w! Drive-7hroyg h Window a 1.840 1,310 90 87 177 34 35 89 Existing Drug Stored -1,600 -144 -3 -3 -6 -7 -7 •14 Project Trip Generation 2,871 124 109 233 105 106 211 lnremsi Capture Trips 4311 19 16 35 is 16 32 External Trips 2,441 105 93 188 89 90 179 Pass -8j+ Trips 267 43 39 62 3T 97 74 External Primary Trips 2,154 62 54 11B 52 1 53 105 Trip generation estimates cased on SANUALa fates. o- Net trip generation Onferenee for conversion of 1,600 SF of existing building space to coffee shop. Traffic from existing building included in 20DB tratric counts. ISI ITEM NUMBER DATE: 12-7-10 Attachment 2: Supplemental Traffic Analysis Mr, Peter Lewis November 19, 2010 Page 3 The trip generation data contained in Table 1 Indicate that the project (Rite Aid relocation plus proposed Starbucks) is expected to generate a total of 2.871 ADT, with 233 trips during the AM peak hour and 211 trips during the PM peak hour. Of these trips„ 2,144 ADT, 116 A.M. peak hour trips and 105 PM peak hour trips would be primary trips. Table 2 outlines the distribution Percentages for the external project trips. The percentages were derived from the previous traffic analysis. The project -added (Rite Aid relocation plus proposed Starbucks) driveway trips are illustrated in Exhibit 2. Table 2 Project Trip Distribution To[From Percentage of Pro ect Trips Direction AM Peak Hour PM Peak Hour Highway 41 North 54°k 40% in - 60% out Highway 41 South 5D% 6W In - 40% out Project Access on Highway 41 The existing (2008) plus project traffic volumes are shown In Exhibit 3. The analysis Focuses on the project driveway on Highway 41; the driveway on Ei Camino Real is restricted to right -tum in and out movements only and is expected to operate acceptably. Levels of service and queue lengths were calculated for the project driveway intersection with Highway 41 using HCS software, which implements the methodologies outlined in the f- ghvvay Capacity Manual (HCM).. The calculation worksheets are attached for reference. The calculations indicate that the project driveway would operate in the LOS B range during the peak 15 -minute period in the AM and in the LCIS C range during the peak 15 -minute period in the PM, indicating that acceptable delays would be experienced at the driveway. The 95" percentile northbound right -turn and southbound left -tum queues on Highway 41 would be less than one vehicle; queues for existing (westbound) traffic at the driveway would be less than one vehicle during the AM and less than five vehicles during the peak 15 -minute period in the PM. This data Indicates that the Highway 41/project driveway intersection would operate acceptably under existing plus project conditions. The traffic study completed previously completed for the Rite Aid Project found that sight distance requirements from the driveway onto Highway 41 are satisfied in both directions, provided that vegetation be kept low to maintain adequate sight lines. On -Site Circulation Because the Rite Aid was previously analyzed and recently constructed, the on-site circulation section focuses on the proposed Starbucks, Review of the site plan indicates that in general, the site would adequately accommodate service vehicles, emergency vehicles and delivery trucks. The applicant has indicated that signage would he installed to direct traffic to the drive through aisle via the parking aisle directly adjacent 10 the drive through. This scenario would reduce potential conflicts between vehicles queued at the shopping center driveway on Highway 41, and vehicles accessing the drive through. It is recommended that drive through signage be ITEM NUMBER: 3 DATE: 12-7-10 Attachment 2: Supplemental Traffic Analysis Mr. Peter Lewis November 19, 2010 Page 4 placed as to be clearly visible for vehicles entering the site from Highway 41, and that signage be installed at all locations required to provide sufficient guidance to access the drive through aisle. Consistent with the trip generation data, queuing data available for coffee shops' indicates that peak demand occurs during the AM peak hour.Counts collected a- 12 coffee shops (three drive-through only locations and nine full-service locations, all Starbucks facilities) found that the recommended storage for full service locations is 11 vehicles. As illustrated in exhibit 4, storage for six vehicles would be provided in the drive-through aisle, and storage for an additional five vehicles would be provided in the parking bay adjacent to the drive-through aisle. No conflicts with the an -site circulation system are expected. It is noted that prior to 9 PQM, parking demands for retail sites are less than half of the peak parking demand. Parking demand intensifies after 11 AM, at which time drive-through queues would be accommodated within the drive-through aisle. Peak queuing, occurring during the AM peak hour, would thus not have an adverse effect on parking maneuvers and parking availability. This concludes our suppiernental traffic analysis for the Bite Aid Project. Very truly yours, PENFIELD & SMITH Dennis Lammers, PTP Transportation Engineer/Planner Enclosures: Exhibits 1 through 4 ITE Land Use 4937 HCS calculation worksheets Now Drive -Through Stacking Information for Banks and Coffee Shops. Presemation, ITE 2009 Annual Fleeting. The pimensions of Parking, Urban Land Institute, 4" Edition, 2060, _ — ITEM NUMBER: DATE: 12-7-10 Attachment 2: Supplemental Traffic Analysis :9 Ui o � 4 ro V- 1-- I-- ITEM NUMBER: 3 DATE 19-7-1 n Attachment 2: spplem_blra k Analysis ITEM NUMBER: 3 DATE: 12-7-10 Attachment 2: Supplemental Traffic Analysis f!1 f3 67 � a a v L- WSW r. otztl en .117 tie�+u�+,� c6azl�a eq ti o *i � L r o(zz) 0 (6L)trtr� (9951655 --- C iv m a v en eq ti � L r o(zz) TVAeM411H (6L)trtr� (9951655 --- c {8}Z E' C C a a' L? ITEM NUMBER: 3 DATE: 12-7-10 Attachment 2: Supplemental Traffic Analysis ITEM NUMBER: 3 DATE: 12-7-10 Attachment 3: Draft Resolution PC 2010-0024 DRAFT RESOLUTION PC 2010-0024 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING CONDITIONAL USE PERMIT 2008-0223 AT APN 030-081-041 (7055 El Camino Real / Former Rite-Aid) WHEREAS, an application has been received from Atascadero Prec. LLC, (5034 Carpinteria Ave, Carpinteria, CA 93013), Property Owner and Thom Jess, Arris Studio Architects (1540 Marsh St #150, SLO, CA 93401) Applicant, to amend an approved Conditional Use Permit (CUP 2008-0223) to allow for an additional drive thru facility at 7055 El Camino Real and the remodel of the existing 21,500 square -foot retail building at 7055 El Camino Real (APN 030-081-041) into separate retail pads; and, and, WHEREAS, the site's current General Plan Designation is General Commercial (GC); WHEREAS, the site's current zoning district is Commercial Retail (CR); and, WHEREAS, all projects that include drive-through facilities require the approval of a Conditional Use Permit; and, WHEREAS, an Initial Study and Adopted Mitigated Negative Declaration SCH# 2008021071 was circulated for the project and was deemed consistent with the proposed amendments to the Conditional Use Permits in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, a timely and properly noticed Public Hearing upon the subject of Amending the approved Conditional Use Permit 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 Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on December 7, 2010, studied and considered the Amendment to Conditional Use Permit 2008-0223, and, NOW, THEREFORE, the Planning Commission of the City of Atascadero, California, takes the following actions: ITEM NUMBER: 3 DATE: 12-7-10 SECTION 1. Findings for an Amendment of Conditional Use Permit 2008-0223. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance); and, 3. 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, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on December 7, 2010, resolved to approve amendments to Conditional Use Permit 2008-0223 subject to the following: EXHIBIT A: Proposed Mitigated Negative Declaration EXHIBIT B: Conditions of Approval EXHIBIT C: Site Plan / Master Plan of Development EXHIBIT D: Landscape Plan EXHIBIT E: Floor Plan EXHIBIT F: Elevations EXHIBIT G: Color and Materials Board EXHIBIT H: Master Sign Program AYES: NOES: ABSTAIN: ITEM NUMBER DATE: 12-7-10 ABSENT: ADOPTED: CITY OF ATASCADERO, CA Heather Moreno Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: DATE: 12-7-10 EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program Conditional Use Permit 2008-0223 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 7055 E/ Camino Rea/ GP: Grading Permit FD: Fire Department Conditional Use Permit BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer PLN 2008-1273/CUP 2008-0223 TO: Temporary occupancy WW: Wastewater CA: City Attorney FO: Final Occupancy Planning Services 1. This Conditional Use Permit shall be for a 17,340 sf retail building Ongoing PS with a drive-through pharmacy and the remodel of a 21,500 sf retail building including an additional drive-through restaurant facility, associated site improvements as described on the attached exhibits and located on parcel 030-081-041 regardless of owner. 2. The approval of this use permit shall become final and effective for Ongoing PS the purposes of issuing building permits fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 3. The Community Development Department shall have the authority to 13P/FM PS, CE approve the following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps unless appealed to the City Council. 4. Approval of this Conditional Use Permit shall be valid for twenty-four BP/FM PS (24) months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. 5. The applicant shall defend, indemnify, and hold harmless the City of Ongoing Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the subdivision. 6. All subsequent Tentative Map and construction permits shall be BP/FM PS, CE consistent with the Master Plan of Development contained herein. 7. All exterior elevations, finish materials, and colors shall be consistent BP PS with the Master Plan of Development as shown in EXHIBIT F and G with the following modifications: ■ All exterior material finishes shall be durable, high quality, and ITEM NUMBER: DATE: 12-7-10 Conditions of Approval / Mitigation Monitoring Program 7055 E/ Camino Rea/ Conditional Use Permit PLN 2008-1273/CUP 2008-0223 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary occupancy F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure consistent with the architectural appearance; ■ The trash enclosure shall include stone veneer consistent with the building material palette; ■ Any exterior light fixtures shall be compatible with building design and shall minimize glare, subject to staff approval; ■ The stone veneer base shall be a minimum of 3.5 -feet high and shall include a decorative cap; ■ All windows shall be non -tinted, clear glazing; ■ Final color selection shall include compatible earth toned colors, subject to staff approval. Colors shall be consistent with the approved adjacent buildings; Thor model to the existing building shall inoL de fagado features as propocurl and all n o.Ifo shall hon minimurn of 12" in depth • An additional pop out with a minimum 12 -inches in depth as a part of a remodeled existing building shell at 7055 EI Camino Real (former Rite Aid Building); • Clay Tile Roof feature on the pop out as a part of the remodeled existing building shell; • Decorative stone veneers on the bottom portion of the remolded existing building; ■ The use of metal awnings for all tenants of the remodeled existing building; ■ The inclusion of a patio area for the proposed Starbucks Coffee Shop. 8. All site work, grading, and site improvements shall be consistent with BP/FM PS, BS, CE the Master Plan of Development as shown in Revised FYtXHIBI-rIRIT EXHIBITS C and D, and shall include the following: ■ Bike racks shall be provided adjacent to the new building and located adjacent to the existing as feasible; ■ The retaining wall along the sidewalk shall be clad in stone veneer to match the building base; ■ All pedestrian crossings within the parking lot shall be constructed of ITEM NUMBER: DATE: 12-7-10 Conditions of Approval / Mitigation Monitoring Program 7055 E/ Camino Rea/ Conditional Use Permit PLN 2008-1273/CUP 2008-0223 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary occupancy F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure stamped, colored concrete consistent with the landscape plan, including the new path of travel for the proposed Starbucks Coffee shop and remodel of adjacent building; ■ Stamped and colored concrete shall be provided at the project vehicular entrances, extending to the terminus of the pork chop in the EI Camino Real driveway and a minimum of 35 -feet from the back of sidewalk at the Highway 41 driveway; ■ All parking spaces shall be shortened to the minimum length prescribed for parking spaces by the Atascadero Municipal Code for non -wheel stop spaces; ■ Parking spaces adjacent to the Highway 41 facing elevation for the existing building shall be compact spaces and designed to allow for the facade enhancements as proposed; 9. A final landscape and irrigation plan shall be approved prior to the BP PS, BS issuance of building permits and included as part of site improvement plan consistent with EXHIBIT D EXHIBIT D1 and EXHIBIT D2, and as follows: ■ All exterior meters, air conditioning units, and mechanical equipment shall be screened with landscape material; ■ All areas shown on the landscape plan shall be landscaped by the developer prior to the final of any single building permit on-site; • Landscaping shall be included adjacent to the building at the drive- through exit; ■ Street and landscape trees shall be minimum 15 -gallon size and double staked; ■ All street trees shall be London plane trees a maximum of 30 -feet on center; ■ All landscaping shall be drought tolerant or shall consist of ornamental grasses for screening including along the drive-through side of the building and around the proposed trash enclosure. Grasses shall also be included along the drive-through side retaining wall planter; ■ Boxwoods and crape myrtles shall be eliminated from the landscape plan and the Honey Locust shall be listed as a medium shade tree; ■ Landscape shall be provided along the site border with the approved Carl's Jr. drive-through and shall include plant materials compatible ITEM NUMBER: DATE: 12-7-10 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 7055 E/ Camino Rea/ GP: Grading Permit FD: Fire Department Conditional Use Permit BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer PLN 2008-1273/CUP 2008-0223 TO: Temporary occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy with the approved plans; • Additional plantings shall be provided at the rear of the existing building that includes groundcover, large drought tolerant deciduous trees and drought tolerant shrubs that stabilize the existing hillside; ■ Landscape shall be provided along the approved Starbucks. drive-through and shall include plant materials compatible with the approved plans; 10. The developer and/or subsequent owner shall assume responsibility GP PS for the continued maintenance of all landscape and common areas, BP consistent with EXHIBIT EXHIBIT D1 and EXHIBIT D2. 11. The applicant will construct a gateway landscape feature at the BP PS intersection of Highway 41 and EI Camino Real to include a minimum 12 -foot tall, 8" dbh specimen tree, decorative stone veneer retaining walls and lighting per the review and approval of staff and Caltrans. 12. Signage shall be permitted as proposed in EYI"Ic�cHIBIr rRIT C EXHIBIT H Ongoing PS with the following modifications: ■ Signage for major tenants in the existing building (10,000 sf or greater) shall be a maximum of 65 sf. Signage for minor tenants (less than 10,000 sf) shall be a maximum of 25 sf. The corner tenant will be considered a major tenant regardless of size and shall be allowed signage on both elevations with a maximum of 100 sf on both elevations combined. rliron+innalcgns shall hon wdeF nnated in neler whinh is is+o n+yVi+h the n sod building. ■ Directional signage for the proposed Starbucks shall be limited to (2) directional signs and shall be a maximum of 4 sf each. 13. All utilities shall be undergrounded to the project (new and BP PS/CE remodeled building) to the greatest extent feasible. 14. The project shall provide documentation of reciprocal access BP PS agreements with the other parcels in the center, per the approval of the City Engineer. 15. The proposal to infill the existing planting areas with additional BP PS/CE plantings along Highway 41 will require an encroachment permit with Caltrans. The state maintenance forces will be unable to care for ITEM NUMBER: DATE: 12-7-10 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 7055 E/ Camino Rea/ GP: Grading Permit FD: Fire Department Conditional Use Permit BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer PLN 2008-1273/CUP 2008-0223 TO: Temporary occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy additional planting added through an encroachment permit. Therefore, responsibility for the long term maintenance of the mitigation planting would have to be negotiated between Caltrans, the City of Atascadero and the permit applicant. 16. Any encroachment from site improvements, including decorative BP PS/CE accent features shall require a Caltrans approval and an encroachment permit. Public Works Conditions 17. Applicant shall coordinate public improvements at the southeast GP, BP CE corner of the intersection of Highway 41 and EI Camino Real with the City and Caltrans. Applicant shall provide construction and public access easements as required for the installation of the landscape features and retaining wall as described on the conceptual plans and as described in the staff report 18. All pedestrian walkways shall be designed and constructed in GP, BP CE conformance with the California Building Code, latest edition, for accessibility. 19. Roman pavers consistent with the adopted Downtown Streetscape GP, BP CE, PS standards shall be included in the EI Camino Real driveway pork chop. 20. Applicant shall submit plans detailing construction of onsite parking BP CE driveway facilities in conformance with the revised plans submitted on November 19, 2010. All onsite circulation improvements shall be designed to the City Engineer's satisfaction. 21. Drive through exit shall be striped and signed as left out only to the BP CE City Engineer's satisfaction. 22. Applicant shall submit plans detailing construction of on-site BP CE parking driveway facilities in conformance with the revised plans (Exhibit C3) submitted on November 19, 2010. All on-site circulation improvements shall be designed to the City Engineer's satisfaction. 23. Proposed Starbucks Drive thru exit shall be striped and signed BP CE as left out only to the City Engineer's satisfaction. Public works Standard Conditions 24. A six (6) foot Public Utility Easement (PUE) shall be provided GP, BP CE ITEM NUMBER: DATE: 12-7-10 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 7055 E/ Camino Rea/ GP: Grading Permit FD: Fire Department Conditional Use Permit BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer PLN 2008-1273/CUP 2008-0223 TO: Temporary occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy contiguous to the property frontage. 25. Slope easements shall be obtained by the applicant as needed to GP, BP CE accommodate cut or fill slopes. 26. Drainage easements shall be obtained by the applicant as needed to GP, BP CE accommodate both public and private drainage facilities. 27. Prior to the issuance of building permits the applicant shall submit GP, BP CE plans and supporting calculations/reports including street improvements, underground utilities, composite utilities, and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer. 28. Prior to the issuance of building permits the applicant shall submit GP, BP CE calculations to support the design of any structures or pipes. Closed conduits shall be designed to convey the 10 -year flow with gravity flow, the 25 -year flow with head, and provide safe conveyance for the 100 -year overflow. 29. Bio-swales or other Low Impact Development (LID) features shall be GP, BP CE incorporated into the project and shall be designed to desilt, detain and meter storm flows as well as release them to natural runoff locations. 30. Prior to the issuance of building permits the applicant shall show the GP, BP CE method of dispersal at all pipe outlets. Include specifications for size & type. 31. Prior to the issuance of building permits the applicant shall show GP, BP CE method of conduct to approved off-site drainage facilities. 32. Concentrated drainage from off-site areas shall be conveyed across GP, BP CE the project site in drainage easements. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. If drainage easement cannot be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. 33. Applicant shall submit a copy of a Storm Water Pollution Prevention GP, BP CE Plan (SWPPP), as submitted to the Regional Water Quality Control Board, if greater than 1.0 acres are disturbed by the project. 34. All public improvements shall be constructed in conformance with GP, BP CE the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer ITEM NUMBER: DATE: 12-7-10 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 7055 E/ Camino Rea/ GP: Grading Permit FD: Fire Department Conditional Use Permit BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer PLN 2008-1273/CUP 2008-0223 TO: Temporary occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy 35. Alignment of frontage improvements shall be approved by the City GP, BP CE Engineer. 36. All new utilities shall be undergrounded on project frontage GP, BP CE 37. Applicant shall pay sewer extension (Annexation), Connection and BP CE Reimbursement fees (if applicable) upon issuance of building permit. 38. Drainage piping serving fixtures which have flood level rims located BP CE below the elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve. Mitigation Measures Mitigation Measure 1.c.1: A decorative landscape feature will be provided at BP BS, PS, CE 1.0 the corner of EI Camino Real and Highway 41. The feature shall include a specimen tree with decorative lighting, subject to staff approval and Caltrans encroachment permit requirements. All retaining walls shall be constructed of decorative material. Landscape materials shall include a variety of shrubs and groundcovers. Mitigation Measure 1.d.1: All exterior lighting, including parking lot lighting, BP BS, PS 1.d.1 shall be designed to eliminate any off-site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 14 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the site. Fixtures shall be shield cut-off type with design compatible with the planned downtown gateway designation, subject to staff approval. Mitigation Measure 3.b.1: Asbestos has been identified by the state Air BP BS, PS, CE 3.b.1 Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If Naturally Occurring Asbestos (NOA) is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. . If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. ITEM NUMBER: DATE: 12-7-10 Conditions of Approval / Mitigation Monitoring Program 7055 E/ Camino Rea/ Conditional Use Permit PLN 2008-1273/CUP 2008-0223 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary occupancy F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Should Naturally Occurring Asbestos be identified within the area of construction, and the worked area will be less than or equal to one acre, then the dust control measures identified below are required. If the disturbed area is greater than one acre, additional requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2) an Asbestos Health and Safety Program will also be required for some projects. The project shall be conditioned to comply with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment ■ Maintain all construction equipment in proper tune according to manufacturer's specifications. ■ Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). ■ Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. ■ Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques ■ Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. ■ Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. ■ Limit the length of the construction workday period, if necessary. ■ Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non - potable) water should be used whenever possible. C. All dirt stock -pile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re - vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are planned to be reworked at dates greater ITEM NUMBER: DATE: 12-7-10 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 7055 E/ Camino Rea/ GP: Grading Permit FD: Fire Department Conditional Use Permit BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer PLN 2008-1273/CUP 2008-0223 TO: Temporary occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy than one month after initial grading should be sown with a fast - germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. L. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 3.b.2: Bike racks shall be provided at the entrance to the BP PS 3.16.2 new building and shall be provided where feasible adjacent to the remodeled building. Mitigation Measure 3.b.3: All street trees along EI Camino Real and Highway BP PS 3.16.3 41 shall be spaced at a maximum of 30 -feet on center Mitigation Measure 3.b.4: The project shall exceed Title 24 energy BP PS 3.16.4 requirements by a minimum of 20% to implemented by a minimum f the following: • Shade tree planting shall be increased by a minimum of 20% throughout the project area. • Chinese Pistache trees proposed for the south of the building shall be replaced with London Plane trees • Use roof material with a solar reflectance value meeting the EPA/DOE Energy Star rating. • Use double paned windows • Use low-energy parking lot lights • Use energy efficient interior lighting ITEM NUMBER: DATE: 12-7-10 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 7055 E/ Camino Rea/ GP: Grading Permit FD: Fire Department Conditional Use Permit BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer PLN 2008-1273/CUP 2008-0223 TO: Temporary occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy Mitigation Measure 3.b.5: The project shall include signage at the delivery BP PS 3.b.5 dock to remind drivers to shut off their engines. Mitigation Measure 3.b.6: The applicant shall post "no -idling" restriction BP PS 3.b.6 signage along the drive-through area Mitigation Measure 5.b.1: Should any cultural resources be unearthed BP/Ongoing PS 5.b.1 during site development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. Mitigation Measure 6.b.1: The grading permit application plans shall include BP, GP BS, PS, CE 6.b.1 erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.1: A soils report shall be required to be submitted GP PS, BS, CE 6.c.1 with a future building permit by the building department. Mitigation Measure 8.e.f.1: The developer is responsible for ensuring that all GP PS, BS, CE 8.e.f.1 contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 8.e.f.2: All modified parking lot inlets shall be fitted with GP PS, BS, CE 8.e.f.2 filtration mechanisms per the approval of the City Engineer and per the requirements of the RWQCB. Mitigation Measure 15A.1: All traffic control design features required by the BP PS, CE 15.d.1 project traffic engineer and the City Engineer will be implemented during the building permit process. Ingress and egress will be limited to right -in, right -out movements only at the EI Camino Real driveway. Mitigation Measure 15.d.2: The driveway off of Highway 41 will be narrowed to BP PS, CE 15.d.2 avoid conflicts with proposed site improvements, per the approval of the City Engineer. Mitigation Measure 15.d.3: The drive-through pharmacy exit shall be limited BP PS, CE 15.d.3 to a left -out movement only. The drive -aisle at this egress location shall be narrowed to 20 -feet to further limit the ability if vehicles to turn right out of the drive-through exit. EXHIBIT Cl: RevisedMaster Plan of Development/Site man qof b»q CL 2 /= h/ \ �2■ R1� /� h � \|`\|. k( ITEM NUMBER: 3 DATE 12710 . 22 . i5 / ITEM NUMBER: 3 DATE: 17 -7 -in EXHIBIT C2: Master Plan of Development/Site Plan - Rite Aid ITEM NUMBER: 3 DATE: 17 -7 -in EXHIBIT C3: Master Plan of Development/Site Plan - Proposed Starbucks & Shell Remodel 0 i I /—_-------- I q i it a 1.4He� I 1 _:1 1hfL L tYi EXHIBIT 01: New Rite Aid Landscape Plan ITEM NUMBER: 3 DATE: 19-7-1 n ou"M EXHIBIT 02: Proposed Starbucks and Existing Shell ITEM NUMBER: 3 DATE: 17 -7 -in 1+f• 1 �= U I tu 0 fillU 0 np z V a of 5 o gill 9.1 g Q ITEM NUMBER: 3 DATE: 17 -7 -in 1+f• 1 �= U I tu 0 fillU 0 np z V EXHIBIT El: Floor Plan - Rite Aid ITEM NUMBER: 3 DATE: 17 -7 -in I m 34 ITEM NUMBER: 3 DATE: 12-7-10 EXHIBIT E2: Floor Plan - Proposed Starbucks & Remodeled Shell U w; — LL� Q Of O N Q Fs•�a�l d b o 4* �9 I1 N 1 3 d o 0 �B. u r� V U w; — LL� Q Of O N Q Fs•�a�l d ITEM NUMBER: 3 DATE: 12-7-10 EXHIBIT F1: Elevations - Rite-Aid m m H x W H x o� N 0. 0 Y 2 s ►�s c c > d ' ffi of �u imn tn..wttn a n A EA R� d f O n s_ - z F Cil 1 IIlitft X11 ��� tlll�l�lltlll���II ITEM NUMBER: 3 DATE: 12-7-10 EXHIBIT F2: Elevations — Rite Aid �O m � x W y tti N y, 0 a IM{gb�Orl�m �17'�1�11M� � � - C 0` J 4 O i H J .j W EXHIBIT F3: Elevations - Revised Remodel of existing building ITEM NUMBER: 3 DATE: 12-7-10 i EXHIBIT F4: Elevations - Revised Remodel of existing building ITEM NUMBER: 3 DATE: 17 -7 -in L-1 �i ITEM NUMBER: 3 DATE: 17 -7 -in L-1 ITEM NUMBER DATE: 12-7-10 EXHIBIT F5: Elevations - Revised Remodel of existing building �� ao > e :n � Y f, Ii 1M} A L 1^ Z 0 Q Z O J W v GC Q J mJ Q v QN �Y a Q % N wN Q � � d O N i .;fir, ITEM NUMBER DATE: 12-7-10 EXHIBIT G1: Color and Materials Board - New Rite Aid See project file for specific proposed color selections m m W r = xa N py C G , 0 .; � �' ❑ pQOiIq�OCACp� I�Mq�O��M �177r1�II�MI v �7. 7 �yy D o o I. a �1 0 a O fn a O O a; U y d is Ill�i�`� R �'�'�1�� 71ll�flEl�I!l�I�N See project file for specific proposed color selections ITEM NUMBER DATE: 12-7-10 EXHIBIT G2: Color and Materials Board - Proposed Starbucks & Remodel Shell ITEM NUMBER DATE: 12-7-10 EXHIBIT H: Master Sign Program 445 South Gay $Ire®t Int. Knoxville, TN 37902 1-804-444-7446 e. « F.1 -1w 445 South Gay Street lin pPWL Knoxville, TN 37902 1 -800-444-7446 Wpt W—O.. + � { LN- J .�a-�..w+rt4wvwn�.r :XHIBIT H: Master Sign Program Non Illuminated Directional Sign 36 - L� D—J fi: 8. ITEM NUMBER: 3 DATE: 12-7-10 Traffic Control Drive Thru 2 314' Pharmacy 81/2' 18' BACK 2314 Square Footage .. ,. 4SQ F', SFTnOfic Controt Sign Mo H«y 135Au . Gp PGuardBw P�90 0 a ummurn. paint CA)GWd 6 w TM TAA Ca m s 2670"are bWN CO o 11 P.670(kont 4nd bedg Srmi guar t�nmh Semi g u M*n Copy CWY SSCOWh IN Rai acme WNto Wy 480.10 tWIA Swtch 4e Fief ad" Whft vkly 3M 480.10 {+,ly) Posd P 117 Sge.ae aum lues. Parrt{i PGi S w TM Cann .12678. Seml goes M+hh. Rod PAO eo "ny W 48OW Droot embed 7 1ntu a:qumd SOw rdwmp WN&ft Rao actre Aly davaj 3M 480 10 {� only I 445 South Gray Street 1^ Knpxvllle. TN 37902 1.800-444-7446 '^'•,'a" — �'_1�16i1 EXHIBIT H: Master Sign Program STORAGE A SERVICE AREA ITEM NUMBER: 3 DATE: 19.7.1 n b RETAIL SPACE b I I I I I b I • I TMU �'' a b •I STARBUCKS COFFEE pp I V I lk. I v I I I p PA- lI4 -, T •OO NOT FN'LR• 1—'pD HOI'H♦1� i i'OP SGNS llfil SIGNAGE SITE PIAN SIGNAGE LEGEND �I DRIVE-THRU DIRECTIONAL SIGN HEIGHT RESTRICTION BAR lJ DRIVE-THRU PRE -MENU SIGN DRIVE-THRU SPEAKER POST rJ DRIVE-TH RU MENU SIGN 6[) DRIVE-THRU SIGN `) STARSUCKS COFFEE SIGNAGE T DRIVE-THRU WINDOW ITEM NUMBER: 3 DATE: 12-7-10 EXHIBIT H: Master Sign Program SINGIA LINE FME•LIT INOMDNAL. LETTER - SPECIFICATION TAG *5413 t li-(437mrn) LETTER 1i'.S° f61�nml ti•B' i7i49mnl rI STARBUCKS COFFEE CC *4 SpECIFIb,T10N4: 0 Epenyl%RmWutW G+ OagaSabinb00pev 4610; 306} +O�Mn+wTpns puir0, %6,ee ft- lewve rq Pd,W >tb, Madxlbm Pgir�> �.�LMxT Wc4g0F Nv�syn a F—Wd Ntr(I—)tNeRe rf moa, i•{y TTq BY x7 -W eEl.wree6Eg. E pi.en duo o Ram. eEn1r of deEs b 6.19 ®Adrd 3E19Celdle! 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CLEAR OVERCOAT LIGHTBUY, SHEET 5 -0MTSIDE CORNERS GROUND SMOOTH -1IV ALUMINUM BASE SKIRT ./ RECESSED CENTER AND 16' ALUKMM BASE BACk' owrnenweu ase. 1"� DRIVE THRU XTOSk PRE-ROARD-ROARRn ITEM NUMBER DATE: 12-7-10 EXHIBIT H: Master Sign Program 2' X I' X 1!8' WELDED STEEL FRAME ALL METAL PARTS POWDER-UOATED PRTSMATTC ARCH BRDWM A� f ✓ GLEAR UVERGOAT 2' X 2' SPACERS Ij PATH DF WIRING THRU J -BOX AND HOLES IN 2' X i' STEEL FRAME - ,01W ALUMINUM BASE SKIRT w/ RECESSED CENTER AND ALUMINUM BASE BACK CURrr RS SMWIH ITEM NUMBER: 4 DATE: 12-7-10 Atascadero Planning Commission Staff Report — Community Development Department Callie Taylor, Associate Planner, 470-3448, ctaylor@atascadero.org PLN 2009-1328 / GPA 2009-0025 Adoption of 2007 - 2014 Housing Element General Plan Land Use Element & Land Use Diagram Update ZCH 2010-0162 Zoning Code & Zoning Map Update (City of Atascadero) RECOMMENDATION: Staff recommends Planning Commission: Adopt Resolution PC 2010-0025, recommending that the City Council certify Proposed Negative Declaration 2010-0005; and, Adopt Resolution PC 2010-0026, recommending that the City Council adopt the Atascadero 2007-2014 Housing Element (PLN 2009-1328/ GPA 2009-0025) based on findings; and, Adopt Resolution PC 2010-0027, recommending that the City Council approve a General Plan Land Use Element Update and General Plan Land Use Diagram Update (PLN 2009-1328/ GPA 2009-0025) to allow a minimum density of 20 units per acre in the High Density Residential Land Use Designation; and, Adopt Resolution PC 2010-0028, recommending that the City Council introduce an ordinance for first reading, by title only, to approve Zoning Code and Zoning Map Updates (PLN 2009-1328/ ZCH 2010-0162) to change RMF -16 to RMF -20 and update Zoning Ordinance definitions related to housing, based on findings. REPORT -IN -BRIEF: The update to the Housing Element of the General Plan for the 2007 - 2014 planning period has been ongoing for the past two years, with multiple hearings before the City Council and Planning Commission, public workshops, completion of environmental documents, and review by the State Department of Housing and Community Development (HCD). The draft Housing Element provides implementation strategies to meet RHNA and provide affordable and diverse, high quality housing opportunities to meet the needs of all segments of the community. The City has received notice from HCD that the draft Housing Element meets State requirements, and with official City Council adoption, the Housing Element will be complete for State certification. Updates are proposed to the General Plan Land Use Element, Land Use Diagram, Zoning Ordinance, and Zoning Map in order to meet the City's Regional Housing Needs Allocation (RHNA) and to comply with Housing Element Policy 1.1, Programs 1 and 2. The updates must be adopted concurrently with the Housing Element adoption in order to receive certification from the State. The General Plan High Density Residential (HDR) Land Use Designation is proposed to be updated from a maximum of sixteen (16) units per acre to a minimum of twenty (20) units per acre. A corresponding Zoning Ordinance Text Change and Zoning Map update are proposed to change the RMF -16 Zoning District is to RMF -20 (minimum 20 units per acre proposed). All references to the 16 dwelling unit per acre density shall be replaced to allow 20 units per acre. A second Municipal Code Text update is proposed to clarify definitions which relate to housing. The City's outdated definition for "family" is proposed to be replaced with language which references a "single housekeeping unit" for describing use of dwellings. This revised description is proposed in order to comply with the law and use only nondiscriminatory occupancy standards to describe an interactive group of persons jointly occupying a single dwelling unit. DISCUSSION: Background: The City of Atascadero's current Housing Element was updated and adopted as part of the comprehensive General Plan update in 2002. The Housing Element of the General Plan is the only element that requires approval by the State and that must be updated on a five-year cycle. The City submitted the Housing Element to the State for certification, however, the State requested revisions. The current Housing Element remains uncertified. If the City's Housing Element does not receive State certification, funding opportunities may be lost and the City becomes more vulnerable to lawsuits as the Housing Element will be out of compliance with State requirements. City staff has been collaborating with the City's consultant, Lisa Wise Consulting (LWC), to update the City's Housing Element for the 2007-2014 planning period and to obtain State certification. LWC has worked with staff to assess the City's progress on the implementation of policies and programs in the previous Housing Element and gather data relevant to the current update. Part of this assessment included gathering current demographic data, performing a vacant land inventory of single-family, multi -family, and commercial/mixed-use sites (future opportunity sites), and evaluating City policies and regulations governing the provision of housing. In 2009, LWC conducted a series of interviews with various housing policy stakeholders to determine community needs and ensure that input from all housing groups were represented in the updated Housing Element policies and programs. LWC held interviews with representatives from Habitat for Humanity, the Atascadero Association of Realtors, the Atascadero Chamber of Commerce, Transitional Food and Shelter, People's Self -Help Housing, ECHO, and the SLO Housing Trust Fund. In June 2009, a joint City Council and Planning Commission study session was held to gather comments from the public, Commission, and Council and incorporate these comments into the draft Housing Element. Last September (2009) the Planning Commission and City Council reviewed the draft Housing Element update prepared by LWC, and directed staff to submit the draft to the State Department of Housing and Community Development (HCD) for review. In August 2010, after a series of reviews and revisions to meet the statutory requirements addressed by HCD, the City received notice that the draft Housing Element is complete for State certification upon final adoption by the Atascadero City Council. ANALYSIS: The Housing Element is required to spell out City goals, policies, and programs to address the community's housing needs. The act of updating the Housing Element addresses the fundamental question, "Where should we grow?" While the State decides how much housing must be planned for, the City Council determines where and how to plan for new housing within Atascadero. State Legislation Addressed in Housing Element Update The following is a list of new State laws which have been addressed in the 2007-2014 Housing Element. Additional discussion of each law can be found in Attachment 1 (9/22/2009 Draft Housing Element City Council Staff Report): • AB 2348: Requires a more detailed inventory of sites to accommodate projected housing needs and provide greater development certainty. • AB 1233: If prior Element failed to identify or implement adequate sites, the local government must zone or rezone to address this need within one year of update. This is in addition to new projected need. • AB 2634: Requires quantification and analysis of existing and projected housing needs of extremely low-income households. Elements must also identify zoning to encourage and facilitate supportive housing and single -room -occupancy units. • AB 2511: Anti -NIMBY protections and no net loss requirement. Added potential penalties for non -reporting of annual General Plan progress report. • SB 1087: Requires local governments to immediately forward adopted Housing Element to water and sewer providers. • SB 575: Strengthens prohibitions against arbitrary denials of affordable housing projects. Amends findings allowing project denial if inconsistent with zoning and General Plan. This finding may no longer be made if the project identified in the Housing Element is suitable to meet low- or moderate -income need or if the Housing Element did not identify adequate sites. • SB 2: Requires that every jurisdiction identify potential sites or zones where new emergency shelters can be located without discretionary review by the local government. Increases protections for providers seeking to open a new emergency shelter, transitional housing, or supportive housing development, by limiting the instances in which local governments can deny such housing types. The draft Housing Element includes Program 4.1-4, which identifies the Public, Commercial Service, and/or Commercial Park zoning districts as potential zoning updates to include transitional housing "by right" zones. RHNA Process The Regional Housing Needs Assessment (RHNA) is mandated by State Housing Law as part of the Housing Element and General Plan Update process. The RHNA quantifies housing needs by income category (Very Low, Low, Moderate, and Above - Moderate). These allocations are determined on a regional basis and then allocated to each jurisdiction within the region. SLOCOG is responsible for coordinating the State RHNA allocation in San Luis Obispo County. Unaccommodated State/SLOCOG Atascadero Housing Requirement 2001-2006 Median income (2000) = $50,200 Income Level Required Units Remaining Income Range (family of 4) Very Low (<50% of Median Household Income) 312 < $25,100 Low (50% - 80%) 193 $25,101 - $40,160 Moderate (80% - 120%) 264 $40,161- $60,200 Above Moderate (120%<) 0 > $60,201 Total 788 State/SLOCOG Atascadero Housing Requirement 2007-2014 Median income = $70.800 Income Level Required Units Income Range (family of 4 Very Low (<50% of Median Household Income) 106 < $35,400 Low (50% - 80%) 74 $35,401 - $56,650 Moderate (80% - 120%) 88 $56,651- $84,950 Above Moderate (120%<) 194 > $84,950 Total 462 The table above shows the 2007-2014 housing allocation for the City of Atascadero broken down by income category. A common misconception is that the City must build these new units by the end of the planning period (2014). Rather, the City must show that its policies and zoning can accommodate these units. In addition, because the previous Housing Element was not certified, the City must show that both the past allocation (2001-2006) and new allocation (2007-2014) can be accommodated within the City. Housing Element Policies and Programs As part of the State mandates for Housing Elements, staff and the City's consultant have included a number of new policies and programs in the Housing Element and have made modifications to others. Many of these policies and programs will require further action by Planning Commission and City Council in the form of Municipal Code Updates and General Plan Amendments. Of most significance are the following changes: 1. By right development for parcels identified as RHNA opportunity sites and a rezone to a minimum 20 du/ac. 2. Up -zoning high density residential from 16 du/ac to 20 du/ac, 3. Establishing minimum densities for multi -family projects, 4. Creating/identifying a zone for by right development of emergency and transitional housing sites (SB 2), 5. Allowing vertical mixed-use development with a CUP (as opposed to current requirements for Planned Development approval), 6. Update the City's second unit ordinance to remove governmental constraints and encourage the construction of second units as affordable housing (updates and size increase already completed Summer 2010), 7. Adopt an inclusionary housing ordinance based on current Council policy, but expanded to include all multi -family and mixed-use projects regardless of City approval process, 8. Explore programs to reduce fees for affordable housing units; and, 9. Adopt programs for the use of RDA and affordable housing in -lieu fee funds. A complete list of the policies and programs is shown on pages 78 through 91 of the Draft Housing Element. Further discussion of each update can be read in Attachment 1 (9/22/2009 Draft Housing Element City Council Staff Report). HCD Review of Draft Housing Element The draft Housing Element which was reviewed by Planning Commission and City Council last year was sent to the State Department of Housing and Community Development (HCD) for review on September 29, 2009. HCD provided written comments in November 2009 to address revisions needed to the draft to bring the Housing Element into compliance with State Housing Element law. In June 2010, a revised draft Housing Element was submitted to HCD for a second complete review. Many of HCD's comments required only minor modifications to the draft Housing Element text, or further explanation of the data collection, housing site analyses, or existing City policies. Full correspondence with HCD, including the HCD requested revisions, modified Housing Element text, and additional memos with explanation and clarification are included as Attachment 2 of this report. Text has been added to the 2009 draft Housing Element for clarification and to further explain the following City policies and ordinances: • Additional analysis of housing constructed and permitted to date • Explanation of multifamily height limit (can be modified with CUP) • Second unit ordinance analysis • Explanation of fire sprinkler requirements • Explanation of City's Inclusionary Policy • Explanation of Affordable Housing Funds Policy • Explanation of Design Review process • Analysis of at -risk units (affordable units with expiring deed restrictions) • Explanation of public participation and incorporation of comments in the development of draft Housing Element • Timeframes for completion of Housing Element Programs modified to comply with State requirements In August 2010, the City received a letter from HCD confirming that with the incorporated changes, the draft Housing Element can be deemed in compliance with State housing element law. In the letter, HCD stated that the City is required to complete the rezoning to accommodate RHNA sites from the previous planning period (as identified in Programs 1.1-1 & 1.1-2) concurrently with the Housing Element adoption. With the completion of this rezoning and the adoption of the Housing Element by City Council, the Housing Element can be submitted to HCD for final certification. General Plan Land Use Element & Land Use Map Updates In order to receive Housing Element certification, the City must comply AB 1233, which requires that all rezones to accommodate the shortfalls from the previous planning period be completed within one year of the beginning of the planning period (within one year of August 30, 2009). Therefore, in order for HCD to certify the Housing Element, the City must provide zoning which can accommodate the remaining 505 units from the 2001-2006 planning period. Housing Element Policy 1.1, Programs 1 and 2 are designed to address this requirement by amending the General Plan and the Zoning Ordinance for increased density. All High Density Residential / RMF -16 zoned sites are proposed to be changed to RMF -20 to allow a minimum of 20 dwelling units per acre. Sites identified in the Housing Element as RNHA sites would be allowed to develop to this density "by right" (without a Conditional Use Permit or other discretionary action). By increasing density in the urban core, the City can meet the housing needs while maintaining "elbow room" in rural areas. City services, sewer, transit, and shopping opportunities are readily available in the urban core, and therefore the increased densities in these areas will promote smart growth and be consistent with the existing policies of the General Plan. A General Plan Amendment is proposed in conjunction with the adoption of the Housing Element to modify the maximum density of the High Density Residential (HDR) Land Use Designation. The density in HDR would be changed from a maximum of 16 units per acre to a minimum of 20 units per acre, as shown in the following text changes: D. Land Use Designations 1. Residential Land Use Designations High -Density Residential (HDR) These areas are intended for tie bra minimum of 20 attached, multi -family residences per acre, including mobile homes parks. The minimum lot area is 0.5 acres net, although smaller lot sizes may be allowed through a planned development overlay process. Zoning standards require adequate parking, setbacks, landscaping, on-site recreation areas, individual storage, and building and parking area screening from abutting lower density single-family areas. Maximum densities shall be reduced based on lot slopes. All development within this district is subject to appearance review. The corresponding zoning districts are RA4F WRMF-20, P and L with appearance review required. All HDR (including the sites specifically identified for RHNA compliance and "by right" development) will be up -zoned at the same time to avoid unnecessary confusion and the temporary creation of a third multi -family zone. In addition, Mixed Use Land Use Designations would also be updated to allow 20 residential units per acre for consistency purposes. Mixed use districts are primarily commercial districts where multi -family residential uses may be appropriate on a conditional basis. These Land Use designations include: Downtown (D), General Commercial (GC), Mixed Use (MU), and Commercial Recreation (CREC). In order to calculate how many additional units would be accommodated by the proposed upzoning, City staff completed a site-specific review and analysis to identify which lots have the potential for increased density based on the proposed new density of 20 -units per acre. The draft Housing Element proposes "upzoning" approximately 302 acres from a maximum of 16 dwelling units an acre (RMF -16) to a minimum of 20 units an acre. Of that 302 acres, 165 acres were ruled out for additional development due to existing entitlements for planned developments and specific plans (such as Dove Creek and Las Lomas) which are designed for complete project buildout. Staff identified an additional 95 acres of upzoned parcels as "unlikely" to develop beyond the 16 units per acre currently permitted. Factors such as current build -out status, lot size, slope calculations, access, buildable area, and biological resources such as large native trees and creeks were used to determine the possibility of additional units. Based on this site specific analysis, staff estimates that there approximately 42 acres which are "likely" to develop under the proposed upzoning to 20 units per acre. Those lots would accommodate approximately 784 additional units than what is existing today (calculated by subtracting the existing units on identified parcels from the maximum possible under the increased zoning density of 20 units per acre). Therefore, the 651 very low- to low-income housing units necessary to account for the RHNA figures for the 2001-2006 and 2007-2014 Housing Element planning periods are provided. Table II -3 (General Plan Land Use — Projected Potential Development) is proposed to be updated to reflect the amended density in each Land Use Designation, as well as the revised projected dwelling units and projected population based on the increased density allowance. Based on the site specific analysis completed by staff, the upzone to RMF -20 provides a net increase of approximately 170 dwelling units when compared to what is currently entitled under RMF -16 zoning. This net increase was found by calculating the difference between the total number of units allowed under RMF -16 zoning and the potential number of units which are likely to develop under RMF -20 zoning. 170 units is less than a 5% increase in the existing number of residential units within the City. The General Plan Land Use Diagram (Figure II -2) would be updated to show the updated density. The map key would be changed to show "HDR: High density Residential (4-620 units /ac)". The full text of the proposed changes is included in the attached Resolution PC 2010-0027. Zoning Ordinance & Zoning Map Updates (RMF -16 to RMF -20) A Zoning Ordinance Text Change and Official Zoning Map Change are proposed for consistency with the General Plan Land Use Element Amendment. The General Plan High Density Residential (HDR) Land Use Definition corresponds with the Residential Multifamily -16 (RMF -16) Zoning District identified in the Municipal Code. In order to provide consistency, all references to the RMF -16 Zoning District will be changed to RMF -20. The current maximum density of 16 units per acre on these lots will be changed to a minimum density of 20 units per acre. This density increase would be identified with a Code text Change to Title 9 (Planning and Zoning) Chapter 3 (Zoning Districts). Code text section regarding density within the RMF -16 (Section 9-3.175) and the Downtown Zoning District (Section 9-3.263) would be modified as shown below. Hillside density standards would be increased accordingly so that the RMF -20 zone would be double the density of the RMF -10 zone on sloped lots. Title 9 PLANNING AND ZONING Chapter 3 ZONING DISTRICTS Article 6. RMF (Residential Multiple Family) Zone 9-3.175 Density. The maximum allowable density in the Residential Multiple Family Zone shall be designated on the Official Zoning Maps as provided by Section 9-3.104(c) and be established in accordance with the general plan as follows: (a) Areas Designated Low Density Multiple Family Residential. The maximum number of dwelling units per net acre is ten (10). (b) Areas Designated High Density Multiple Family Residential. The minimum number of dwelling units per net acre is sixteen (16) twenty (20). (c) Hillside Density Standards. The maximu densities permitted by subsections (a) and (b) of this section shall be modified to the following mammtims densities based on-site topography, as follows: Average Slope Low Density Multiple Family units/acre High Density Multiple Family units/acre 010.99% 10 4-6 20 11 15.99% 7 4-2-14 16-20.99% 5 910 2125.99% 3 6 26-30.0% 2 4 > 30% 1 2 Section 9-3.263 (Downtown district general development standards) would also be updated to allow 20 dwelling units per acre for consistency. There are additional minor references to RMF -16 and the maximum 16 unit density in Section 9-3.104 (Zoning Districts, Symbols used), Section 9-4.128 (Fencing and Screening), and Section 9- 6.180 (RV Parks). These sections will be updated for consistency with the new RMF -20 zoning district and the 20 unit per acre density allowance. The official Zoning Map will also be updated to include the change from RMF -16 to RMF -20. All areas currently zoned Residential Multifamily -16 (RMF -16) will be changed to Residential Multifamily -20 (RMF -20). The full text of the proposed changes is included in the attached Resolution PC 2010-0028. Zoning Ordinance Definition Update A second Municipal Code Text update is proposed to clarify definitions which relate to housing. The City's Zoning Ordinance currently uses an outdated definition for "family" to define dwelling units. The current definition of family is proposed to be revised to comply with the law and use only nondiscriminatory occupancy standards to describe an interactive group of persons jointly occupying a single dwelling unit. A "family" shall be defined as a "single housekeeping unit" to meet the legal definition: Family. living in a single dwelli"^. A "Family" is a "Single Housekeeping Unit" defined as the functional equivalent of a traditional family, whose members are an interactive group of persons jointly occupying a single dwelling unit, and where, if the unit is rented, all adult residents have chosen to jointly occupy the entire premises of the dwelling unit, under a single written lease with joint use and responsibility for the premises, and the makeup of the household occupying the unit is determined by the residents of the unit rather than the landlord of property manager. Additional definitions are proposed to be added to Section 9-3.701 (Land Use Descriptions). These land uses definitions are currently are not located in this section, and need to be added as they relate to zoning districts. Single-family Dwelling. An attached or detached building not to contain more than one kitchen wherein the occupants of the dwelling unit are living and functioning together as a single housekeeping unit, meaning that they have established ties and familiarity with each other, jointly use common areas, interact with each other, membership in the single housekeeping unit is fairly stable as opposed to transient, and members have some control over who becomes a member of the single housekeeping unit. Secondary Residential Unit. Second residential units are defined as residential occupancy constructions (R) with a kitchen and full bathroom that is accessory to the primary unit and intended for permanent occupancy by a second housekeeping unit. Multiple Family Dwelling. Two or more dwelling units located on a single lot, each occupied by a single housekeeping unit; includes buildings or groups of buildings designated as apartments, duplexes, triplexes and condominiums, but not including motels, hotels, dormitories, or RV parks as herein defined. Proposed Environmental Determination: Staff has prepared an Initial Study for the project in conformance with the California Environmental Quality Act. Based on the findings of the initial study, staff determined that the project does not have the potential to create any significant environmental impacts. A proposed Negative Declaration has been prepared and posted for the project. The Negative Declaration is available for public review at 6907 EI Camino Real, Community Development Department from 8:30 a.m. to 5:00 p.m. Monday through Friday. Staff is recommending the Commission recommend that the City Council certify Proposed Negative Declaration 2010-0005. Conclusion: The update to the Housing Element of the General Plan for the 2007 - 2014 planning period has been ongoing for the past two years, with multiple hearings before the City Council and Planning Commission, public workshops, completion of environmental documents, and review by the State Department of Housing and Community Development (HCD). The draft Housing Element provides implementation strategies to meet RHNA and provide affordable and diverse, high quality housing opportunities to meet the needs of all segments of the community. The City has received notice from HCD that the draft Housing Element meets State requirements, and with official City Council adoption, the Housing Element will be complete for State certification. The Housing Element update is required by the State to ensure that an adequate housing supply can be accommodated with the City for residents of all income levels. The Housing Element update process has included community, housing policy advocate, Planning Commission, City Council, and HCD input. As part of the draft 2007- 2014 Atascadero Housing Element, programs and policies have been included for Planning Commission review and recommendation to City Council. With official City Council adoption, the Housing Element will be complete for State certification. In conjunction with the Housing Element adoption, amendments are proposed to the General Plan Land Use Element, Land Use Diagram, Zoning Ordinance, and Zoning Map in order to meet the City's Regional Housing Needs Allocation (RHNA) and to comply with Housing Element Policy 1.1, Programs 1 and 2. The General Plan High Density Residential (HDR) Land Use Designation and the RMF -16 Zoning District are proposed to be updated from a maximum of sixteen (16) units per acre to a minimum of twenty (20) units per acre. The updates must be adopted concurrently with the Housing Element adoption in order to receive certification from the State. Additional Zoning Ordinance updates are proposed to clarify definitions which relate to housing. ALTERNATIVES 1. The Commission may make modifications to the proposed Housing Element, Zoning Ordinance, and/or General Plan Amendments. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the project. The Housing Element would not be certified by the State and the City would be out of compliance. The Commission should specify the reasons for denial of the project and make an associated finding with such action. ATTACHMENTS: Attachment 1: Draft Housing Element Review City Council Staff Report (9/22/09) Attachment 2: 2009 HCD Correspondence (Review & Modifications) Attachment 3: Draft Resolution PC 2010-0025 (Neg Dec Certification) Attachment 4: Draft Resolution PC 2010-0026 (Housing Element Adoption) Attachment 5: Draft Resolution PC 2010-0027 (Land Use Element / Map Update) Attachment 6: Draft Resolution PC 2010-0028 (Zone Text / Map Update) ATTACHMENT 1: September 22, 2009 City Council Staff Report: Draft Housing Element Review See Following ATTACHMENT 2: 2009 HCD Correspondence (Review & Modifications) See Following 1) November 9, 2009: LWC memo regarding changes 2) November 17, 2009: LWC memo regarding changes 3) November 19, 2009: HCD 1st review comments 4) June 14, 2010: Second submittal to HCD (Task list & added text) 5) August 4, 2010: LWC memo regarding changes 6) August 11, 2010: HCD letter of completion ATTACHMENT 3: Draft Resolution PC 2010-0025 Certification of Negative Declaration DRAFT RESOLUTION PC 2010-0025 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL CERTIFY PROPOSED NEGATIVE DECLARATION 2010-0005 PREPARED FOR THE PROPOSED GENERAL PLAN HOUSING ELEMENT, LAND USE ELEMENT/ MAP, AND ZONING CODE/MAP UPDATE PLN 2009-1328 / GPA 2009-0025 / ZCH 2010-0162 (City of Atascadero) WHEREAS, the State requires that City's Housing Element be updated every five years to analyze housing needs and establish goals, policies, programs, and quantified objectives to meet the identified needs; and, WHEREAS, the City of Atascadero is listed on the 2009 update schedule as determined by the State of California; and, WHEREAS, an Initial Study and Proposed Negative Declaration 2010-0005 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission of the City of Atascadero held a public hearing on Tuesday, December 7, 2010 following the close of the review period to consider the Initial Study and Proposed Negative Declaration; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero hereby resolves to recommend that the City Council certify Proposed Negative Declaration 2010-0005 based on the following Findings and as shown in Exhibit A: 1. The Proposed Negative Declaration has been completed in compliance with CEQA; and, 2. The Proposed Negative Declaration was presented to the Planning Commission, and the information contained therein was considered by the Planning Commission, prior to recommending action on the project for which it was prepared; and, 3. The project does not have the potential to degrade the environment; and, 4. The project will not achieve short-term to the disadvantage of long-term environmental goals; and, 5. The project does not have impacts which are individually limited, but cumulatively considerable; and, 6. The project will not cause substantial adverse effects on human beings either directly or indirectly. 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 , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) I•' D CITY OF ATASCADERO, CA Heather Moreno Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A: Proposed Negative Declaration 2010-0005 General Plan Housing Element, Land Use Element/Map Update, and Zoning Code/Map Update PLN 2009-1328 / GPA 2009-0025 / ZCH 2010-0162 See Following (also available on our website under www.atascadero.org/Community Development/Permit Center Online/Environmental Docs) ATTACHMENT 4: Draft Resolution PC 2010-0026 PLN 2009-1328 / GPA 2009-0025 Approval of General Plan Housing Element Update for the 2007-2014 Planning Period DRAFT RESOLUTION PC 2010-0026 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE GENERAL PLAN AMENDMENT 2009-0025 (PLN 2009-1328) FOR THE 2007-2014 HOUSING ELEMENT ADOPTION (Citywide) WHEREAS, the State requires that City's Housing Element be updated every five years to analyze housing needs and establish goals, policies, programs, and quantified objectives to meet the identified needs; and, WHEREAS, the City of Atascadero is listed on the 2009 update schedule as determined by the State of California; and, WHEREAS, the proposed amendment is in the public interest; and, WHEREAS, the proposed amendment is in conformance with the adopted General Plan Goals, Policies, and Programs and the overall intent of the General Plan; and WHEREAS, proposed amendment is compatible with existing development, neighborhoods and the environment; and, WHEREAS, proposed amendment will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts; and WHEREAS, proposed amendment is consistent with adopted EIR and mitigation monitoring program; 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 subject General Plan Amendment 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 General Plan amendment; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on Tuesday, December 7, 2010 studied and considered General Plan Amendment 2009-0025 (PLN 2009-1328), after first studying and considering the Proposed Negative Declaration prepared for the project, and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of a General Plan Amendment for the adoption of the 2007-2014 Housing Element update. The Planning Commission finds as follows: 1. The proposed amendment is in the public interest. 2. The proposed amendment is in conformance with the adopted General Plan Goals, Policies, and Programs and the overall intent of the General Plan. 3. The proposed amendment is compatible with existing development, neighborhoods and the environment. 4. The proposed amendment will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts. 5. The proposed amendment is consistent with adopted EIR and mitigation monitoring program. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on December 7, 2010, resolved to recommend that the City Council approve a General Plan Amendment consistent with the following: 1. Exhibit A: Draft 2007-2014 Housing Element 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 , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Heather Moreno Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A 2007-2014 Housing Element PLN 2009-1328 / GPA 2009-0025 See Following ATTACHMENT 5: Draft Resolution PC 2010-0027 PLN 2009-1328 / GPA 2009-0025 General Plan Land Use Element and Land Use Map Update DRAFT RESOLUTION PC 2010-0027 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE GENERAL PLAN LAND USE ELEMENT AND LAND USE MAP AMENDMENTS (GPA 2009-0025 / PLN 2009-1328) TO CHANGE THE HIGH DENSITY LAND USE DESIGNATION TO A MINIMUM DENSITY OF 20 UNITS PER ACRE (Citywide) WHEREAS, Program 1.1 of the 2007-2014 Housing Element identifies a density increase on sites in the High Density Land Use Designation in order to accommodate the shortfall of sites from the previous planning period; and, WHEREAS, Government Code Section 65584.09 and 65583(c)(1) (AB 1233) requires that the City must demonstrate that the rezones to accommodate the shortfalls of RHNA sites from the previous planning period will be completed within one year of the beginning of the planning period; and, WHEREAS, The State Department of Housing and Community Development has required that the rezoning for increased density be completed concurrently with the Housing Element adoption in order to find the Housing Element in compliance with State Housing Element Law for certification; and, WHEREAS, the proposed amendment is in the public interest; and, WHEREAS, the proposed amendment is in conformance with the adopted General Plan Goals, Policies, and Programs and the overall intent of the General Plan; and WHEREAS, proposed amendment is compatible with existing development, neighborhoods and the environment; and, WHEREAS, proposed amendment will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts; and WHEREAS, proposed amendment is consistent with adopted EIR and mitigation monitoring program; 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 subject General Plan Amendment 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 general plan amendment; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on Tuesday, December 7, 2010 studied and considered General Plan Amendment 2009-0025 (PLN 2009-1328), after first studying and considering the Proposed Negative Declaration prepared for the project, and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of a General Plan Land Use Element and Land Use Map Amendments. The Planning Commission finds as follows: 1. The proposed amendment is in the public interest. 2. The proposed amendment is in conformance with the adopted General Plan Goals, Policies, and Programs and the overall intent of the General Plan. 3. The proposed amendment is compatible with existing development, neighborhoods and the environment. 4. The proposed amendment will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts. 5. The proposed amendment is consistent with adopted EIR and mitigation monitoring program. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on December 7, 2010, resolved to recommend that the City Council approve a General Plan Amendment and Land Use Map Amendment consistent with the following: Exhibit A: General Plan Land Use Map Change; and, =1 Table II -3: General Plan Land Use - Projected Potential Development Land Use Designation Maximum Density Average FAR Minimum Lot Size Acres (ac) Projected Dwelling Units (du) Projected Population 2.65 people/unfit RR/RE/SE 0.1 - 0.4 uniVacregross- 2.5 -10 ac 9,340.4 ac 3634 du 9630 pp SFR -Z 1.0 unit/acregross- 1.5 - 2.5 ac 655.2 ac 652 du 1728pp SFR -Y 2.0 units/acre gross 1.0 ac 1,579.5 ac 2831du 7503pp SFR -X 4.0 units/acre net` 0.5 ac 472.7 ac 1380 du 3658 pp MDR 10 units/acre net 0.5 ac 217.1 ac 1116 du 2958 pp HDR 20 40-units/acre net (HCR inimum den ity) 0.5 ac 303.0 ac 3801 -M*e du 10,070-9666 pp GC 20 4frunits/acre net 0.3 FAR 292.1 ac 194 499 -du 514 664 pp SC 0.4 FAR 41.8 ac D 20 4irunits/acre net 3.0 FAR 62.3 ac 55 -50-du 146 433 pp MU 20 46 units/acre net 0.3 FAR 66.6 ac 208 Q96 du 551 639 pp CPK 0.4 FAR 82.9 ac CREC 10 units/acre net 0.1 FAR 6.7 ac IND 0.4 FAR 65.2 ac AG 0.1 - 0.4 units/acregross- 2.5 - 10 ac 43.9 ac REC 501.7 ac PUB 0.4 FAR 1,174.3 ac OS 277.4 ac Total 15,182.6 ac dei , 13,871 du 36,758 pp D. Land Use Designations 1. Residential Land Use Designations High -Density Residential (HDR) These areas are intended for tete bra minimum of 20 attached, multi -family residences per acre, including mobile homes parks. The minimum lot area is 0.5 acres net, although smaller lot sizes may be allowed through a planned development overlay process. Zoning standards require adequate parking, setbacks, landscaping, on-site recreation areas, individual storage, and building and parking area screening from abutting lower density single-family areas. Maximum densities shall be reduced based on lot slopes. All development within this district is subject to appearance review. The corresponding zoning districts are D 4446 -RMF -20, P and L with appearance review required. 2. Mixed Use Designations This section provides a description of each of the official mixed use land use designations and the corresponding zoning districts. The mixed use districts are primarily commercial districts where multi -family residential uses may be appropriate on a conditional basis. General Commercial (GC) This designation includes office, neighborhood, retail and tourist commercial zoning districts. Office areas allow a range of professional, business, and administrative service uses with smallscale -� retail uses. Mixed-use development with attached multi -family residential up to 46-20 du/ac maybe conditionally permitted by zoning. Neighborhood commercial areas accommodate daily shopping and service needs of surrounding residents, with businesses such as small markets, convenience stores, drug stores, salons, and other personal services. Neighborhood convenience centers should be concentrated at intersections of collector or arterial streets. Retail commercial zoning districts are provided to meet both the comparison and convenience shopping needs of residents in the City and surrounding area. The intended principal tenants of retail commercial areas include specialty and department stores, and supermarkets. Retail nodes should be located at the intersections of arterial streets (including state highways) and major collector streets. A master plan of development is required for prime undeveloped commercial sites to prevent fragmented development from occurring that would comprise the retail potential of these sites. Mixed-use multi -family residential development maybe conditionally allowed up to 4-6-20 du/ac based on zoning. Exclusive development of multi -family may be allowed along the El Camino Real corridor provided they are located on mid -block infill lots that are not best reserved for commercial development. Along Morro Road, mixed use multi -family and commercial projects are permitted in the GC land use provide a commercial or office use is provided along the street frontage. The tourist commercial zoning districts provides for uses that serve the traveling public, such as motels, restaurants, automotive services, and other compatible uses. Tourist commercial nodes are appropriately located along Highway 101 interchanges. Corresponding zoning districts are CP, CN, CR and CT with appearance review required. Downtown (D) This designation allows a mix of retail, office, restaurant, personal service, commercial and residential uses. To encourage pedestrian orientation, businesses are encouraged to occupy small lots with sidewalk storefronts, and residences are allowed on upper floors. Mixed-use multi -family residential development is conditionally allowed up to 46-20 du/ac, higher densities may be approved through a planned development process. Design and parking standards are different from other areas to encourage a development pattern consistent with a historic Downtown. Development within the Downtown will be consistent with the Downtown Revitalization Plan and support the Atascadero Main Street Program. Corresponding zoning districts are DC and DO with appearance review required. Mixed Use (MU) This designation is intended to encourage a mix of retail, office and residential uses within individual projects to encourage pedestrian orientation and create a synergy between housing and goods and services needed by surrounding residents. Housing can occur alongside or development overlay that will establish a master plan of development for the site and all mixes of uses. The maximum residential density shall be 4-6-20 du/ac. The corresponding zoning district is a MU/PD overlay in a CR or CP district with appearance review required and a Planned Development Overlay. Commercial Recreation (CREQ This designation allows private recreational land uses, including private parks for active and passive recreation, playgrounds, playfields, swimming pools, and golf courses as well as tourist recreation such as RV parks. Multi -family uses such as mobile home parks may be conditionally allowed up to a maximum residential density of 4-6-20 du/ac. The corresponding zoning district is LS, OS, and P with appearance review required. Goal LOC 4. Provide for a strong and distinctive Downtown Area. Policy 4.1: Cooperate with the Atascadero Main Street Organization to promote downtown as the City's cultural, entertainment, and commercial center, and to concentrate governmental facilities downtown. Programs: 1. Provide mixed-use/pedestrian scale zoning and development standards for the downtown. Encourage government, arts, entertainment, recreation, business facilities and residential uses to be mixed in multi -story buildings with sidewalk orientation and recessed or off-site parking. 2. Continue to implement the Main Street Program and the Downtown Revitalization Plan. 3. Develop a master plan for the Sunken Garden and surrounding block to establish the area as a vibrant dining, community gathering area and civic destination. 4. Integrate Atascadero Creek and Stadium Park into the function and experience of Downtown. 5. Encourage the relocation of the Junior High School to an area outside of the Downtown. 6. Mixed-use multi -family residential development is allowed up to 46-20 du/ac, higher densities may be approved through a planned development process. 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 , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Heather Moreno Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A: Figure II -2: Official General Plan Land Use Diagram Amendment GPA 2009-0025 Land Use Designations MDR: Medium Density Residential (10 units 1 ac) HDR: High Density Residential (20 units / ac) ; City of At scadero Figure 11 -2: General Plan land Use iogram �,;;,,, 6dopled 6/15/1001 j 7. 41 • •'�'� , J, oar.... / �`_ Esc wr. •.�.... �` •tea i � h ` �.• `\ �..A..>.... �r^� \ `t [Lr un4n 11�W Srvew b A i.ws+ w�GWY wr.w. T►.Ogrw..r.p.W>m^N.r •� w .1t�10—. M Lrd VM D.V— /Yu m , P. 6rr.n. r \` M,d000 b r. aRc.r Lauaan N e ypwi/11po. a r ' P Itirr1S1 fA.I Ik Cftr ATTACHMENT 6: Draft Resolution PC 2010-0028 Zoning Code/Map Update PLN 2009-1328 / ZCH 2010-0162 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE ZCH 2010-0162 TO AMEND THE ZONING CODE TEXT AND OFFICAL ZONING MAP TO CHANGE ALL THE RMF -16 SITES TO RMF -20 AND AMEND DEFINITIONS RELATED TO HOUSING (ZCH 2010-0162) (Citywide) WHEREAS, Program 1.1 of the 2007-2014 Housing Element identifies a density increase on sites in the High Density Land Use Designation and Residential Multifamily -16 Zoning District in order to accommodate the shortfall of RHNA sites from the previous planning period; and, WHEREAS, Government Code Section 65584.09 and 65583(c)(1) (AB 1233) requires that the City must demonstrate that the rezones to accommodate the shortfalls of RHNA sites from the previous planning period will be completed within one year of the beginning of the planning period; and, WHEREAS, The State Department of Housing and Community Development requires the rezoning for increased density to be completed concurrently with the Housing Element adoption in order to find the housing element in compliance with State Housing Element Law, and certify the 2007-2014 Housing Element; and, WHEREAS, a General Plan Land Use Element Amendment has been proposed to increase the density in the High Density Land Use Designation to a minimum of 20 units per acre; and, WHEREAS, the proposed Zone Text and Map Amendments would create consistency between the General Plan and the Zoning Ordinance; and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Zoning Ordinance and Zoning Map to protect the health, safety and welfare of its citizens by applying orderly development and expanding housing opportunities within the City; and, WHEREAS, an Initial Study and Draft Negative Declaration 2010-0005 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); 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 subject Zone Change 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 zoning amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on December 7, 2010, studied and considered Zone Text and Map updates ZCH 2010-0162 2002-0032, after first studying and considering the Draft Negative Declaration prepared for the project, and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of a Zone Text Chante. The Planning Commission finds as follows: 1. The zone change is consistent with General Plan policies and all other applicable ordinances and policies of the City. 2. Amendment of the zoning ordinance will provide for the orderly and efficient use of lands where such development standards are applicable. 3. The zone change will not, in itself, result in significant environmental impacts. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on December 7, 2010 resolved to recommend that the City Council introduce for first reading an ordinance that would amend the City Zoning Ordinance with the following: Exhibit A: Zoning Map Change; and, Title 9 PLANNING AND ZONING Chapter 3 ZONING DISTRICTS Article 1. General Provisions 9-3.104 Symbols used. (a) Zoning Districts. The letter symbols listed after each zoning district in Sections 9- 3.102(a) through (e) shall be used to designate the location of various zoning districts on the official zoning maps (Section 9-1.102). (b) Overlay Districts. The letter symbols listed after each overlay district in Section 9-3.103(a) shall be appended to the base zoning district and be placed in parentheses thereafter to designate the location of various overlay districts on the official zoning maps (Section 9-1.102). Example: Residential Suburban as the base zone within a Flood Hazard and Geologic Hazard overlay area would show on the official zoning maps as RS (FH) (GH). (c) Density in Residential Multiple Family Zoning District. A number specifying the maximum permitted number of dwelling units per net acre in multiple family residential zoning districts shall be appended to the base zoning district to designate the density on the official zoning maps (Section 9-1.102). Example: Residential Multiple Family allowing si*teen (16) twenty (20) units per net acre within a Historic Site overlay area would show on the official zoning maps as RMF/4-620 (HS). (d) Minimum Lot Size in Residential and Agricultural Zoning District Areas. A symbol specifying the minimum lot size in acres in certain residential zoning districts shall be appended to the base zoning district and be placed following a hyphen thereafter where necessary to designate the minimum lot size on the official zoning maps (see Section 9-1.102 of this title). Example: Residential single-family with a half -acre minimum lot size in a Flood Hazard Overlay Zone would show on the official zoning maps as RSF-X(FH). Minimum lot size will not always be shown on the official maps especially in zoning districts where the minimum size is uniform, in circumstances where Chapter 9-6 establishes minimum sizes for some, but not all, uses within a zoning district, and where performance standards identified for certain zoning districts in this chapter are used to establish the minimum lot size. (Ord. 68 § 9-3.104, 1983) Title 9 PLANNING AND ZONING Chapter 3 ZONING DISTRICTS Article 6. RMF (Residential Multiple Family) Zone 9-3.175 Density. The maximum allowable density in the Residential Multiple Family Zone shall be designated on the Official Zoning Maps as provided by Section 9-3.104(c) and be established in accordance with the general plan as follows: (a) Areas Designated Low Density Multiple Family Residential. The maximum number of dwelling units per net acre is ten (10). (b) Areas Designated High Density Multiple Family Residential. The maxifflu minimum number of dwelling units per net acre is sixteen (16) twenty (20). (c) Hillside Density Standards. The mwiinmm densities permitted by subsections (a) and (b) of this section shall be modified to the following mmEimuffls densities based on-site topography, as follows: Average Slope Low Density Multiple Family units/acre High Density Multiple Family units/acre 010.99% 10 4-6 20 11-15.99% 7 4-2-14 1620.99% 5 910 2125.99% 3 6 Average Slope Low Density Multiple High Density Multiple Development Feature Family units/acre Family units/acre 26-30.0% 2 4 > 30% 1 2 Title 9 PLANNING AND ZONING Chapter 3 ZONING DISTRICTS Article 13. Downtown Zone 1—PC (Pedestrian Commercial) Zone 9-3.263 Downtown district general development standards. Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in the following table, in addition to the other applicable development standards of this article. (Ord. 421 § 3, 2003: Ord. 375 § 3, 2001) Requirement by Zonin District DC I DO Development Feature Downtown Commercial I Downtown Office Minimum lot size No minimum Setbacks Minimum and maximum setbacks required. See Section 9-4.103 for setback requirement, allowed projections into setbacks, and exceptions to setbacks. Front None allowed, except for building As required by Section 9-4.106 insets designed to accommodate when adjacent to a residential outdoor eating and seating areas, zone, none required otherwise. and except for East and West Mall between El Camino Real and Palma Avenue, where a minimum of twenty (20) feet is required. Sides (each) None required Rear None required Creek To be determined through Design Review Height limit Forty-five (45) feet not to exceed three Thirty-five (35) feet (3) stories; eighteen (18) feet on the west side of El Camino Real between Atascadero Creek and the lot line common to Lots 19 and 20, Block H- B, Atascadero Colony Map. Landscaping As required by Sections 9-4.124 et seq. (Landscaping, screening and fencing) Off-street parking None required, except as required by As required by Sections 9 - Section 9-4.114 for hotels, motels, and 4.114 et seq. residential uses, and for all development east of Atascadero Creek. Signs See Section 9-15.005(b) Density Six4een6) Twenty (20) dwelling 771 Six4een (16) Twenty (20) units/acre dwelling units/acre (Ord. 421 § 3, 2003: Ord. 375 § 3, 2001) Title 9 PLANNING AND ZONING Chapter 4 GENERAL SITE DESIGN AND DEVELOPMENT STANDARDS 9-4.128 Fencing and screening. (c) Standards for Fencing and Screening Materials. All fencing and screening shall be allowed as follows: (1) Height. Fence and screen height shall be permitted as follows: (i) RS/RR/RSF-Z/RSF-Y (with one acre net or larger) Zones. a. Fencing within a required front or corner yard setback may be up to five (5) feet in height, provided that the top two (2) feet remain a minimum of eighty percent (80%) visibility. The fence shall not impair safe sight distance for vehicular traffic nor result in any other potential adverse impact on human health and safety (refer to engineering standard: Minimum Sight Distance for Driveways and Intersecting Roads with Stop Control). b. Fencing within a required side or rear setback may be a maximum of six (6) feet in height. (ii) RSF-Y (less than one acre net) /RSF-X/LSF-Z/LSF-Y/LSF-X/RMF-10/RMF-4-620. a. Fencing within a required front or corner yard setback can be a maximum of three (3) feet in height. b. Fencing within a required side or rear yard setback shall be a maximum of six (6) feet in height. (iii) Gateposts and other superstructures over site entrances and exits may be up to twelve (12) feet in height. (iv) Height Measurement. Fencing and screening materials shall be measured from the finished grade of the uphill lot. Title 9 PLANNING AND ZONING Chapter 6 SPECIAL USES 9-6.180 Recreational vehicle (RV) parks. This section applies to all recreational vehicle parks and commercial campgrounds including any separately designated section of a mobilehome park. These standards apply in addition to all applicable provisions of Title 25 of the California Administrative Code. (a) Location Criteria. Approval of a conditional use permit application by the Planning Commission shall include a finding that the recreational vehicle park will not be excessively visible from a public road or residential zone or that such visibility will be acceptably mitigated. (b) Minimum Site Area. (1) RV Park Site. Ten (10) acres when located outside the urban services line and five (5) acres when located within the urban services line. (2) Individual RV Spaces. (i) Pull -in or Back -in Spaces. Twenty (20) foot width; seven hundred fifty (750) square foot area. (ii) Pull-Thru Spaces. Twenty (20) foot width, one thousand one hundred (1,100) square foot area. F (c) Density. The maximum density shall be sixteenb) twenty (20) units per gross acre, not including any exterior public street right-of-way. (d) Site Design Standards. Title 9 PLANNING AND ZONING Chapter 9 GENERAL DEFINITIONS 9-9.102 General definitions. • . e��fre�serrr.�ra _ �sr�:�srs�sr.�r�:ss�sr.���rr:�:� Wigle elling A "Family" is a "Single Housekeeping Unit" defined as the functional equivalent of a traditional family, whose members are an interactive group of persons jointly occupying a single dwelling unit, and where, if the unit is rented, all adult residents have chosen to jointly occupy the entire premises of the dwelling unit, under a single written lease with joint use and responsibility for the premises, and the makeup of the household occupying the unit is determined by the residents of the unit rather than the landlord of property manager. Title 9 PLANNING AND ZONING Chapter 3 ZONING DISTRICTS Article 29. Land Use Descriptions 9-3.701 Purpose. Single-family Dwelling. An attached or detached building not to contain more than one kitchen wherein the occupants of the dwelling unit are living and functioning together as a single housekeeping unit, meaning that they have established ties and familiarity with each other, jointly use common areas, interact with each other, membership in the single housekeeping unit is fairly stable as opposed to transient, and members have some control over who becomes a member of the single housekeeping unit. Secondary Residential Unit. Second residential units are defined as residential occupancy constructions (R) with a kitchen and full bathroom that is accessory to the primary unit and intended for permanent occupancy by a second housekeeping unit. Multiple Family Dwelling. Two or more dwelling units located on a single lot, each occupied by a single housekeeping unit; includes buildings or groups of buildings designated as apartments, duplexes, triplexes and condominiums, but not including motels, hotels, dormitories, or RV parks as herein defined. 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 , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Heather Moreno Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A: Official Zoning Map Amendment ZCH 2010-0162 Zoning Designations RMF -10: Residential Multiple Family (10 units lac) ■ nalr r. • ,t,,,,rte Residential Multiple Family (46 wAke RMF- 20 (20 units / ac) ; City of fascadero o� Ting Diagram cft - - B� .. Ko.,....... trd • 6/25/2002 � awad.wl • ub�na �r.- � � � �rtvr. M1wrw EIrtM b ti N. *w.towaNa.w..i+a0�.cw.ouur.r•w.�.:si. w11a Y.•apwe --\ f •aoeevn ..raam rw. z. ra.ar.vw w•w .., qe a.•w••...ur •y:. rwaw.a•..ga i:•::. � j`. .• — - rqr sear re raa• a•.r: am.ae,. raaq .cn a•°•...raa °mLLoanRaw. ..: ,. w•.arw.r r.u.aa r.. .°c•a na.a•• an wr°aow wuw..<o°°• �• - •mer • 111•Mq ..sura+.. aqa CrN 04/ CtYY •• .. . 7<M Mreee. altwaMaron d M - - � aewW.wNwntwur�.0..w rrw aagact vw—v iu oaa at 4614000w✓, o--o°ws v � ••�1'. aw....+aa� 1 1 ar... .r..t°•a Irba y Cr.fM•wr•a•w oO 0•wr IN �\ - MEMORANDUM Date: November 9, 2009 To: Melinda Coy, Department of Housing and Community Development (HCD) From: Amy Sinsheimer and Lisa Wise, Lisa Wise Consulting, on behalf of the City of Atascadero Subject: City of Atascadero Housing Element Update — changes to Draft Housing Element document This memo provides changes and additions to the Atascadero Draft Housing Element Update document based on our conversation with HCD on November 4, 2009. The text below refers to the page number and any other location information in the September 2009. New text is shown underlined and deletions are in strikeout. 1. Page 23, Section D. — Table V-10 and associated text will be revised as shown below: Low and Extremely Low -Income Housing Needs Lower income households (earning 80 percent or less of median household income) generally have higher incidence of housing problems and overpayment (paving 30 percent or more of income for housing costs). Table V-10 shows what percentages of low and extremely low- income households have housing problems as well as those overpaying for housing. Extremely low-income households earn 30 percent or less of median household income. Of the 9,531 households in the City, 897 households (568 renters and 329.owners) have household incomes less than 30 percent of median income (about 9.4 percent of total households). As Table V-10 illustrates, these households have a high percentage of housing problems and some have high housing cost burdens with those overpaying ranging from 16 to 26 percent. As shown in Tables V-15 and V-16 the overpayment figures for the entire Atascadero population range from 33 to 47 percent. The RHNA for Atascadero estimates 106 very low income housing units will need to be constructed between 2007 and 2014. Based on State law methodology, the City estimates that 50 percent of its very low-income housing allocation are extremely low-income households. Therefore, it is projected that 53 households will be in the extremely low-income category. Table V-10 Housing Problems for All Lower Income Households Cv+ramal„ 1 ,,,., IRGGFRe /CI I\ 4906e4946 Source: CHAS Databook 2. Page 33, Section E. -Table V-27 will be replaced with the new table below and associated text revised: Overcrowding is defined as more than one person per room not including kitchens and bathrooms. Overcrowding can occur when housing costs are high relative to income where families must double up or reside in smaller units, which tend to be more affordable, to devote income to other basic living needs. This is often a problem for large families but can also occur in smaller households when income is too low to afford adequate housing. Overcrowding also tends to result in accelerated deterioration of homes, a shortage of off-street parking, increased strain on public infrastructure, and additional traffic congestion. However, as illustrated in Table V-27, in 2000 in Atascadero 1.7 percent of owner -occupied households were overcrowded and 2.3 percent of renter -occupied households were overcrowded. Overcrowding is not a significant issue in Atascadero. Table V-27 Overcrowded Households Owner Occuuied Renters Owners Total SW Households Housing Income <= 30 Percent MFI (Extremely Low Income) 568 329 897 % With any Housing :Problems 90;5%4 85.4%0 88.6%4 % With Housing Cost Burden > 30% 90.5%4 84.3% 88.2%47a % With Housing Cost Burden >-50% 77:3% 66..6% 73.4%443-9 Household income >30% to <= 50% MFI 706 247 953 • With any housing problems 78.9% 55.5% 72.8% • With Housing cost burden >30% 76.1% 55.5% 70.7% Household income >50 to <=80% MFI 749 853 1,602 • With any housing problems 51.9% 46.9% 1.01 to 1.50 occupants • With Housing cost burden X30% 48:7% 46:9% 47.8% Source: CHAS Databook 2. Page 33, Section E. -Table V-27 will be replaced with the new table below and associated text revised: Overcrowding is defined as more than one person per room not including kitchens and bathrooms. Overcrowding can occur when housing costs are high relative to income where families must double up or reside in smaller units, which tend to be more affordable, to devote income to other basic living needs. This is often a problem for large families but can also occur in smaller households when income is too low to afford adequate housing. Overcrowding also tends to result in accelerated deterioration of homes, a shortage of off-street parking, increased strain on public infrastructure, and additional traffic congestion. However, as illustrated in Table V-27, in 2000 in Atascadero 1.7 percent of owner -occupied households were overcrowded and 2.3 percent of renter -occupied households were overcrowded. Overcrowding is not a significant issue in Atascadero. Table V-27 Overcrowded Households Owner Occuuied 6,,248 units Percent 0.50 or less occupants per room 4,127 66% 0.51 to 1.00 occupants per room 1.959 31 1.01 to 1.50 occupants per room 104 2% 1.51 to 2.00 occupants per room 48 1% 2.01 or more occupants per room 10 <1% Percent Overcrowded by Tenure 162 (1.7%) total overcrowded owner -occupied units Renter Occupied 3,282 units Percent 0.50 or less occupants per room 1,781 54% 0.51 to`1.00 occupants per room 1:283 39%° 1.01 to 1.50 occupants per room 117 4% 1.51 to 2.00 occupants per room 80 2% 2.01 or more occupants per room 21 1 % Percent Overcrowded by Tenure 218 (2.3%) total overcrowded renter -occupied units Total 9.530 Source: U.S. Census, 2000 2 3. Page 70, Section H — Programs 1 and 2 will be revised as follows: 1. To comply with State law requirements (Government Code Section 65583(c)(1) (A) and 65583(c)(1) (B), the City must meet the unaccommodated need from the previous planning period (2001-2006). This requirement is in addition to the requirement to identify sites to accommodate the Regional Housing Needs Allocation (RHNA) for the new planning period (2007-2014) (see Program 1.1-2). The jurisdiction may not count capacity on the same sites for both planning periods. To address the 2001 - 2006 RHNA, the City shall amend the General Plan and the Zoning Ordinance, as necessary, to provide adequate sites for 505 very low and low-income units at a minimum of 20 dwelling units per acre "by right" on certain sites or in certain zones. At least half (50 percent) of these sites shall be zoned for residential uses only. The sites rezoned must be able to accommodate a minimum of 16 units per site. To facilitate housing production, the City will focus on sites from 1 to 5 acres in size. Currently, a specific plan is required on sites that will be developed with 100 or more housing units. The parcels rezoned as a result of this program will not be subject to this requirement. The applications can be subject to design review as long as the project does not trigger the CEQA review process. Adjacent uses and densities and the availability of services and transit should be considered when evaluating sites for higher density housing. A list of potential vacant sites for rezoning from 16 units per acre to a minimum of 20 units per acre is included in Appendix III. Funding Source: General Fund Responsible Agency: Community Development Department, Planning Commission, City Council Timeframe: Within one year of Housing Element adoption Quantified Objective: 505 units (Programs 1 and 2 total 651 units) 2. In order to meet State law requirements (Government Code Sections 65583(c)(1) (A) and 65583(c)(1) (B)) to address the 2007 — 2017 RHNA, the City shall amend the General Plan and the Zoning Ordinance, as necessary, to provide adequate sites for 146 very low and low-income units at a minimum of 20 dwelling units per acre "by right" on certain sites or in certain zones. At least half (50 percent) of these sites shall be zoned for residential uses only. The sites rezoned must be able to accommodate a minimum of 16 units per site. To facilitate housing production, the City will focus on sites from 1 to 5 acres in size. Currently, a specific plan is required on sites that will be developed with 100 or more housing units. The parcels rezoned as a result of this program will not be subject to this requirement. The applications can be subject to design review as long as the project does not trigger the CEQA review process. 3 Adjacent uses and densities and the availability of services and transit should be considered when evaluating sites for higher density housing. A list of potential vacant sites for rezoning from 16 units per acre to a minimum of 20 units per acre is included in Appendix III. Funding Source: General Fund Responsible Agency: Community Development Department, Planning Commission, City Council Timeframe: Within three years of Housing Element adoption Quantified Objective: 146 units (Programs 1 and 2 total 651 units) 4. Page 77, Section H — Program 4 will be revised as follows: 4. Amend Zoning Ordinance to comply with SB 2, permitting emergency shelters without a conditional use permit or other discretionary permits in the Commercial Service (CS), Commercial Park (CPK), Public (P) zoning districts, or other appropriate zones or sites_ These three zoning districts Aeue—have sufficient capacity to house emergency shelters with over 74 acres available. The Zoning Ordinance can include locational and operational criteria for homeless shelters such as: • Hours of operation; • Provisions for operations and management; and • Compliance with County and State health and safety requirements for food, medical, and other supportive services provided on-site. Such criteria should encourage and facilitate homeless shelters and transitional housing through clear and unambiguous guidelines for the application review process, and the basis for approval. In addition, the City will amend the zoning ordinance to define transitional and supportive housing as a residential use subject to the same standards that apply to other residential uses. The City will solicit input from local service providers (e.g., EI Camino Homeless Organization (ECHO)) in the preparation and adoption of the amendment to the Zoning Ordinance to ensure that development standards and permit processing will not impede the approval and/or development of emergency and transitional housing. Funding Source: General Fund Responsible Agency: Community Development Department Timeframe: Within one year of housing element adoption Quantified Objective: n/a 51 Page 101, Appendix III -The following revisions will be made to Table V-48; Appendix III Table V-48 Potential Vacant Residential Rezone (by right) Parcels - HDR -16 to HDR -20 APN Address Acres Land , Use Zone Density (after rezoning) Max du/ac - Site Constraints Vacant Residential Parcels 029-271-001 4711 EI Camino Real 1,67 HDR RMF -16 20 units/acre 33.40 Slope 030-101-053 8959 Curbaril 0.87 HDR RMF -16 20 units/acre 17.40 030-281-014, 015, 016 6709, 6725, 6735 Atascadero Ave. 0.72 HDR RMF -16 20 units/acre 14.40 030-283-007, 008 6905 Nava'oa 1.89 HDR RMF -16 20 units/acre 37.80 031-241-019 8391 Ama oa Ave. 0.35 HDR RMF -16 20 units/acre 7.00 031244-010 8065 Ama oa Rd. 0.25 HDR RMF -16 20 units/acre 5.00 045-311-014, 015, 016 Woodridge Multi- Family! 5.85 HDR RMF -16/ SP -1 20 units/acre 117.00 CUP currently required for SP -1 045-321-021 9355 Avenida Maria 1.95 HDR RMF -16 20 units/acre 39,00 045-321-022 9405 Avenida Maria 0.98 HDR RMF -16 20 units/acre 19.60 045-321-020 10785 EI Camino Real 1.98 HDR RMF -16 20 units/acre 39.60 049-042-018 1155 EI Camino Real 5.54 HDR RMF -16 20 units/acre 110.80 049-042-025 1055 EI Camino Real 1.81 HDR RMF -16 20 units/acre 36.20 049-151-011 2705 EI Camino Real 2.40 HDR RMF -16 20 units/acre 48.00 Slope 049-151-020 2453 EI Camino Real 1.93 HDR RMF -16 20 units/acre 38.60 Slope 049-151-056 23455 EI Camino Real 1.95 HDR RMF -16 20 units/acre 1 39.00 1 Slope 049-151-063 2535 EI Camino Real 2.48 HDR RMF -16 20 units/acre 49.60 Slope 049-151-009 2605 EI Camino Real 2.39 HDR RMF -16 20 units/acre 47,80 TOTAL 34.99 , 699.75 1. The Woodridge Proiect has an approved specific plan so no new CUP would be required on this site. 5 MEMORANDUM Date: November 17, 2009 To: Melinda Coy, Department of Housing and Community Development (HCD) From: Amy Sinsheimer and Lisa Wise, Lisa Wise Consulting, on behalf of the City of Atascadero Subject: City of Atascadero Housing Element Update — additional changes to Draft Housing Element document This memo provides additional changes requested by HCD on November 17, 2009. The text below refers to the page number and any other location information in the September 2009. New text is shown underlined and deletions are in strikeout. Page 83, Table V-46 will be revised as shown below: .Table V-46 Summary of Quantified Objectives, 2007-2014 _Program _Objective :.income Level Extremely Low Very Low Low Moderate -Total .New Construction t"1-1 Adequate sites. 2001-2006 70 _164 331 _0 =506 1.1-2 _Adequate sites: 2007-2014 10 .90 46 0 _146 1 1-5 _Mobile and group homes 5 -0 .15 _0 20 1.1-6 _Expand sewer service _0 _15 .35 50 .100 _1.1-7 x2" & 3ra story.units downtown 2 _3 .5 _?D 20 1.1-9 Encourage higher density 0 0 25 .50 75 _1.1-10 -Density bonus 0 5 .10 �10 25 1.1-11 _Inclusionary ordinance 0 5 .15 50 70 1:1-12 -Encourage second units 0 .0 -20 -20 ..40 4-4 i _5 30 4-0 5A _4.3-1 First-titne`'homebuyer 0 0' 0 5 _5 4.3-2 .Leverage set-aside funds _3 .7 15 _15 40 _4:3-5 RDA fundr`ng for tipper story units ;2 3 ' _5 -0 10 -4.3-6 ,Extemely low income and disabled 2 .3 > 0 _0 5 New Construction Subtotal 39 302 552 220 1,111 ::Rehabilitation _2.1-1 _Code enforcement rehabs _5 .5 10 10 30 24-2 _Participate.in-grant programs -2 _3- _10 .10 _25 2.1-4 _Downtown commercial rehabs 0 _5 _10 25 40' _4,3-3 _Repairs and retrofits 0 -5 35 35 75 Rehabilitation Subtotal 71 181 651 801 170 Preservation 1.1-15Work with non-profit partners 51 51 25 PreservationSubtotal 21 21 mL51 5 I Conservation STATE.OF CALIFORNIA _BUST_ NESS, T@AN$PQ' TION AND HOWSING AGENCY DEPARTMENT OF HOUSING AND %,vMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 1800 Third Street, Suite 430 P. 0. Box 952053 Sacramento, CA 94252-2053 (916) 323-3177 / FAX (916) 327-2643 -� www.hcd.ca.gov i .I .A. November 19, 2009 Mr. Warren Frace Community Development Director City of Atascadero 6907 EI Camino Real Atascadero, CA 93422 Dear Mr. Frace: NOV 2 3 2009 CQP�I���1P A' FSI Pm F: RE: Review of the City of Atascadero's Draft Housing Element 00'AMUN/2.l, o y y=ro • C9WF0R167, Thank you for submitting Atascadero's draft housing element received for review on September 29, 2009, with revisions received on November 9 and 17, 2009. The Department is required to review draft housing elements and report the findings to the locality pursuant to Government Code Section 65585(b). A telephone conversation on November 4, 2009 with you and Ms. Lisa Wise, the City's consultant, facilitated the review. The Department commends Atascadero for its commitment to provide opportunities for higher density housing through Policy 1.1, Programs 1 and 2, rezoning approximately 32 acres for high density multifamily residential uses at a minimum density of 20 units per acre. Making sites available at appropriate densities increase housing opportunities for families and the City's workforce while maximizing the effective use of land, creating livable neighborhoods and promoting economic vitality. The draft element addresses many statutory requirements; however, revisions will be necessary to comply with State housing element law (Article 10.6 of the Government Code). In particular, the element must include analyses of governmental constraints. The enclosed Appendix describes these and other revisions needed to comply with State housing element law. The Department is committed to assist Atascadero in addressing all statutory requirements of housing element law. If you have any questions or need additional technical assistance, please contact Melinda Coy, of our staff, at (916) 445-5307. Sincerely, Cathy E. C eswell Deputy Director Enclosure APPENDIX CITY OF ATASCADERO The following changes would bring Atascadero's housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code. Housing element technical assistance information is available on the Department's website at www.hcd.ca.gov/hpd. Refer to the Division of Housing Policy Development and the section pertaining to State Housing Planning. Among other resources, the Housing Element section contains the Department's latest technical assistance tool Building Blocks for Effective Housing Elements (Building Blocks) available at www.hcd.ca.gov/hpd/housin-Lelement2/indexphp, the Government Code addressing State housing element law and other resources. A. Housing Needs, Resources, and Constraints 1. Include an inventory of land suitable for residential development, including vacant sites and sites having the potential for redevelopment, and an analysis of the relationship of zoning and public facilities and services to these sites (Section 65583(a)(3)). The inventory of land suitable for residential development shall be used to identify sites that can be developed for housing within the planning period (Section 65583.2). Atascadero has a regional housing need allocation (RHNA) of 462 housing units, of which 180 are for lower-income households. In addition, as acknowledged in the element, the City must address a shortfall of sites from the prior planning period to accommodate 788 units pursuant to Chapter 614, Statutes of 2005 (AB 1233). To address this need, the element relies on rezoning of vacant sites to multifamily residential and second units. However, to demonstrate the adequacy of these sites and strategies to accommodate the City's RHNA, the element must include complete analyses, as follows: Progress in Meeting the RHNA: The element indicates that 15 units affordable to lower- income have been built or are under construction or approved (page 38), but provides no information documenting how affordability of the units was determined. As you know, the City's RHNA may be reduced by the number of new units built since January 1, 2007; however, the element must describe the City's methodology for assigning these units to the various income groups based on actual sales price or rent level of the units and demonstrate their availability in the planning period. Second Units: As the element relies on second units to accommodate a small portion of the RHNA for lower-income households, it must include an analysis supporting the realistic capacity of second units in the planning period. This analysis should be based on the number of units approved in the previous planning period, whether or not the units are permitted by -right, the need for the units in the community, the resources or incentives available for their development and include an analysis of the anticipated affordability of second units (Government Code Section 65583.1(a)). lR 2. Analyze potential and actual govemmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7) (Section 65583(a)(5)). Land -Use Controls: While the element lists some City zoning and development standards on Table V-36, it must also analyze the cumulative impact of those standards on the cost and supply of housing and the ability to achieve maximum densities. For example, the element should specifically analyze the 30 -foot height restriction especially as it relates to the ability to achieve 20 units per acre on sites to be rezoned to accommodate the RHNA shortfall. Codes and Enforcement: The element indicates the City has adopted an ordinance requiring fire sprinklers in all newly constructed residential units (page 55). The element should describe and analyze this requirement for impacts on the supply, cost, and affordability as it relates to development of housing including second units. Inclusionary Housing: Pursuant to conversations with staff, while the City has not yet adopted a formal inclusionary housing ordinance, it has implemented an inclusionary policy for new developments. The element should describe how the policy is implemented and analyze it for potential impacts on the cost and supply of housing. A specific description and analysis of the policy's implementation framework, including levels of mandated affordability and a description of the types of options and incentives the City offers to encourage and facilitate compliance with the inclusionary requirements should be included. Analyzing the inclusionary provisions is particularly important given current market conditions and the cumulative impact of local regulations and will assist the City in the development of a formal ordinance. The City could engage the development community to facilitate this analysis. Design Review: The element states the City has adopted an "Appearance Review Manual" for multifamily housing and "Downtown Design Guidelines" for projects within the Downtown revitalization area (page 56). The element should include an analysis of the design criteria review guidelines and process, including identifying requirements and approval procedures and analyzing the impact of the guidelines and process on housing costs and approval certainty. Please note, pursuant to Government Code Section 65583.2(h), sites to be rezoned to accommodate the RHNA shortfall may be subject to design review; however, the review and approval process must remain ministerial and the design review must not constitute a "project" as defined in Section 21100 of the Public Resources Code. -3- 3. Analyze existing assisted housing developments that are eligible to change to non -low- income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of use restrictions (Sections 65583(a)(8) through 65583(a) (9) (D)). The element identifies 162 units considered at -risk for conversion to market -rate but does not include a complete analysis of these units. The analysis must include a cost estimate of replacing and preserving the at -risk units, a list of entities with the capacity to acquire at -risk developments and potential funding resources. This analysis will assist in the development of appropriate programs targeted to preserve these units. For further information, refer to the Building Blocks' website at http://www.hcd.ca.gov/hpd/housing element2/EHN atrisk.php. B. Housinq Programs Include a program which sets forth a five-year schedule of actions the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land -use and development controls, provision of regulatory concessions and incentives, and the utilization of appropriate federal and state financing and subsidy programs when available. The program shall include an identification of the agencies and officials responsible for the implementation of the various actions (Section 65583(c)). To address the program requirements of Government Code Section 65583(c)(1-6), and to facilitate implementation, programs should include: (1) a description of the City's specific role in implementation; (2) definitive implementation timelines; (3) objectives, quantified where appropriate; and, (4) identification of responsible agencies and officials. Programs to be revised include, but are not limited to the following: Policy 1.1 — Program 7: Indicate when the City will publicize available incentives on the website. Policy 1.1 — Programs 8, 12, 14, and 18, and Policy 4.3 — Programs 1, 3, 5, and 6: Describe specifically when the programs will be implemented or initiated. Policy 1.1 — Program 16: Describe how the City will encourage developers to obtain loans for development of new multifamily housing affordable to lower-income households and the role the City will have in assisting in those applications. Policy 1.1 — Program 17, Policy 4.1 — Program 2: Describe the City's role in supporting these organizations and programs. Policy 5.1 — Program 2: Describe how the City will work with the development community (e.g., annual meetings, stakeholder group, etc.). -4- 2. Identify adequate sites which will be made available through appropriate zoning and development standards and with public services and facilities needed to facilitate and encourage the development of a variety of types of housing for all income levels, including rental housing, factory -built housing, mobilehomes, and emergency shelters and transitional housing. Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall provide for sufficient sites with zoning that permits owner -occupied and rental multifamily residential use by right, including density and development standards that could accommodate and facilitate the feasibility of housing for very low- and low-income households (Section 65583(c)(1)). As noted in Finding A-1, the element does not include a complete site analysis and therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. Policy 1.1 — Programs 1: While the Program commits to make sites available to accommodate the unaccommodated need from the previous planning period, please note, pursuant to AB 1233, the rezone must be completed within the first year of the 2009-2014 planning period. Policy 1.1 — Programs 1 and 2: The element commits to rezoning sites identified in Appendix III to accommodate a shortfall of 146 units in the current planning period and 505 units from the previous planning period. While the Program states multifamily units will be allowed "by -right", it must demonstrate the program complies with Government Code Section 65583.2(i), allowing renter and owner multifamily without a conditional use permit (CUP), PUD, or other discretionary action. 3. The housing element shall contain programs which "address, and where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing" (Section 65583(c)(3)). As noted in Finding A-2, the element requires a complete analysis of potential governmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints. In addition, given the element recognizes the potential impact of fees on all housing developments, the City should consider amending Policy 6.1 — Program 8 to review impact fees and the capital facility fee schedule to mitigate impacts on all housing. -5- 4. The housing program shall preserve for low-income household the assisted housing developments identified pursuant to paragraph (8) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (8) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance (Section 65583(c)(6)). The element identifies 162 units at -risk of converting to market -rate uses in the planning period (page 28). The element must include actions the City will take to assist in the preservation of these units. Actions could include a program to monitor the status of the at -risk units, informing non-profit housing organizations of opportunities to acquire at - risk units, provision of financial assistance, assist and support for funding applications, and facilitating tenant education. Additional information and resources are available on the Building Blocks' website at http://www.hcd.ca.gov/hpd/housing element2/PRO atrisk.php and at the California Housing Partnership Corporation website at http://www.chi)c.net/. C. Public Participation Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element, and the element shall describe this effort (Section 65583(c)(7)). While the element describes stakeholder interviews, and public workshops, it does not describe how the City made diligent effort to achieve the participation of all economic segments of the population. The element should describe the City's efforts to circulate the housing element among low- and moderate -income households and/or organizations that represent them. The element could also describe the success of the City's outreach efforts, summarize comments received, and describe how comments were incorporated into the element. For example, the element could describe organizations represented during the stakeholder interviews and the comments received during those interviews. For further information, refer to the Building Blocks' sample analysis at hftp://www.hcd.ca.-qov/hpd/housing element2/GS publicparticipation.php. D. Consistency with General Plan The housing element shall describe the means by which consistency will be achieved with other general plan elements and community goals (Section 65583(c)(7)). The City should also note recent statutory changes to Government Code Section 65302 (Chapter 369, Statutes 207 [AB 162]) which requires amendment of the safety and conservation elements of the general plan to include analysis and policies regarding flood hazard and management information upon the next revision of the housing element on, or after, January 1, 2009. For additional information, refer to Department's website at hftp://www.hcd.ca.gov/hpd/hrc/plan/he/ab 162 stat07.pdf. f1sa k% -ISL' Cc ll'- tlthilt" 111C. r.)!ar',nir,r; ; zc,,mloIn:C. IlUILf'f CJIf-.2S !f;"F:. June 14, 2010 California Department of Housing & Community Development Attn: Melinda Benson 18DD 3,0 Street P.Q. Box 952053 Sacramento, CA 94252-2053 RE: City of Atascadero draft Housing Element Dear Ms. Henson: Enclosed is one copy of the revised Draft City of Atascadero Housing Element for HCD's second review. Text changes are marked in strikeout, At the conclusion of HCD's review the City will review HCD's comments and develop a fintal Draft Housing Element that Incorporates any additional input. The final Draft Housing Element will be submitted to the City Council for review and approval. Upon approval by the City Council, staff will submit the Final Draft Housing Element to MCD for certification. Please contact Lisa Wise at (805) 595-13451 lisa0alisowiseconsulting,corn or Amy Sinsheimer at (415) 216-3370 / amy,rylisawiseconsulting.com should you have any questions regarding the Draft Housing Element. Sincerely, , /z�. Lisa A. Wise Cc: Warren Frage, Community Development Director, City of Atascadere CallieTaylor, Associate Planner, City of Atascadero a!1 i' ;. t�l��. �_.f+ l' l Qr � .,:�r I c':"','Ssult Cti �'. �tl': City of Atascadero HCD Memo Task List Location in Task Responsibility Status/ Notes Letter A.l Progress in p. 38, Table V-29- In reference to the 15 City/LWC Draft text revisions are Meeting RHNA affordable units to lower-income that have listed below, been built or under construction: - Describe the methodology for assigning these units to the various income groups based on actual sales price or rent level of the units and demonstrate their availability in the planning period, A.1 Second p, 40, Table V-32 - Include an analysis LWC/City Draft text revisions are Units supporting the realistic capacity of second listed below. units in the planning period (based on second unit estimate to accommodate some RHNA). - This should be based on the # of units approved in the previous planning period. A.2 Land -Use In addition to the zoning and development City Draft text additions are Controls standards listed on Table V-36, must also listed below. analyze cumulative impact on the cost and supply of housing and the ability to achieve maximum densities. - Should specifically analyze the 30 -ft height restriction especially as it relates to the ability to achieve 20 units per acre on sites to be rezoned to accommodate the RHNA shortfall. A.2 Codes & p.55- Describe and analyze how the fire LWC/City Proposed text revisions Enforcement sprinkler ordinance requirement impacts the are listed below, supply, cost, and affordability of hsg dvlp (including 2nd units). A.2 Inclusionary policy- Need to describe how LWC Proposed text addition is Inclusionary policy is implemented and analyze it for listed below. Housing potential impacts on the cost and supply of hsg. - Specifically describe and analyze the policy's implementation framework, including levels of mandated affordability and a description of the types of options and incentives the City offers to encourage and facilitate compliance with the inclusionary requirements. A.2 Design P.56- Include analysis of the design criteria LWC Proposed text addition is Review review guidelines and process, including listed below. identifying requirements and approval procedures and analyzing the impact of the guidelines and process on hsg casts and approval certainty. A.3 At -Risk p.28 At -Risk Units- Need to include complete City/LWC Proposed text revision is Units analysis, which must include a cost estimate listed below. of replacing and preserving the at -risk units, a list of entities with the capacity to acquire at - risk developments and potential funding sources. B.1 Housing To comply with Gov. Code Section 65583 (c), LWC/ City Proposed text revisions Programs programs to be revised include: are listed below. Policy 1.1- Program 7: Indicate when the City will publicize available incentives on the website. I Policy 1.1- Program 8, 12, 14, & 18 & Policy 4.3- Programs 1,3,5,6: Specify when programs will be implemented or initiated. Policy ]J-Program 16: Describe how the City will encourage developers to obtain loans for development of new multifamily housing affordable to lower-income hshlds and the role the City will have in assisting in those applications. Policy 1.1- Program 17, Policy 4.1- Program 2: Describe the City's role in supporting these organizations and programs. i Policy 5.1-Program 2: Describe how the City will work with the development community (e.g. annual meetings, stakeholder group, etc.). B.2 Programs Revisit programs based on results of complete LWC Proposed text revisions sites inventory and analysis. are listed below, Policy 1.1- Program 1: Note that if a rezone of sites is needed, if must be completed within the first year of the 2007- 2014 planning period (AB 1233). Policy 1.1- Program 1 & 2: Must demonstrate the program complies with Gov't Code Section 65583.2(i), allowing renter and owner multifamily without a CUP, PUD, or other discretionary action. B.3 Revisit programs after complete analysis of LWC/City Proposed text revision is gov't constraints is done. listed below. Consider amending Policy 6.1-Program 8 to review impact fees and the capital facility fee schedule to mitigate impacts on all housing. B.4 From the identification of at-risk units on p.28- LWC/City Proposed new program is the element must include actions the City will listed below. take to assist in the preservation of these units. Examples could include: - A program to monitor the status of i the at-risk units; - Informing non-profit housing organizations of opportunities to acquire at-risk units; - Provision of financial assistance; A.1 Progress in Meeting the RHNA Proposed text revision (page 37): Table V-29 illustrates the 2007-2014 RHNA (462 units). There have been 143 units constructed/approved within the planning period and an additional 17 second units, Six units were designated as very low-income housing, four of which were part of a Habitat for Humanity project. These units were completed and approved for occupancy in 2008. The other two units were permitted as part of a larger -scale residential development. The development project was approved with a density bonus and the applicant was conditioned to deed restrict 20 percent of the units as very low-income for a 30 year period. Permits for the remaining 18 affordable units have not yet been issued and are likely to be approved in the current planning period (these are not included in calculations in Table V-29). Nine of the second units approved were considered affordable to low-income households. Affordability was determined by multiplying the typical Atascadero rental cost per square foot (as determined by the San Luis Obispo Multi -Family Housing Rental Survey Summary) by the square footage of the unit. After accounting for permit and construction activity since 2007, the City has a remaining RHNA of 302 units. An analysis of vacant and underutilized sites available to meet the RHNA is discussed below. (According to State law, vacant and underutilized sites can only offset the current RHNA (2007-2014) not the previous RHNA (2001-2006).) A.2 Land Use Controls Proposed text revisions (page 51): Table V-36 provides development standards for the residential zones and Table V-37 provides the development standards in the Downtown Zones. Minimum parcel size and setback requirements in Atascadero are not unusually strict and are not considered a constraint to the development of affordable housing. The height limit in residential zones has proven not to impede development or discourage density. The Hidden Oaks Apartments and SouthsideVillas condominium projects, 90 and 86 units, respectively, achieved densities over 20 units per acre while meeting the 30 foot, two story height restriction. The Emerald Ridge condominium development, approved in 2004, also met the height requirement while achieving a density of 18 units per acre with 132 units on 7.3 acres. A.1 Second Units Proposed text revision (page 39-40): As Table V-32 shows, all but 146 units of 2007-2014 RHNA can be accommodated by the vacant land and the second unit potential. The potential for second units was determined based on historic second unit building trends from 2001 to 2008. Affordability for second units was determined by multiplying the typical Atascadero rental cost per square foot (as determined by the San Luis Obispo Multi -Family Housing Rental. Survey Summary) by the square footage of the unit. Based on these analyses there is realistic capacity for 38 second units within the planning period. The City needs to identify approximately 7.3 acres to rezone or upzone to 20 units per acre to meet the shortfall. Under State law, half of this acreage needs to be zoned for residential use only. Further, the rezoned parcels must allow multifamily residential uses "by right." In addition, the law requires that the sites selected for rezoning accommodate at least 16 units per site. A.2 Codes and Enforcement Proposed text revision (page 55): Building Codes and Enforcement Atascadero implements the 2007 edition of the California Building Code and other model construction codes, with amendments adopted by the California Building Standards Commission. These model codes establish standards and require inspections at various stages of construction to ensure code compliance and minimum health and safety standards. Although - Facilitating tenant education; - Assist and support for funding applications C. Public Element should describe the City's efforts to LWC/City Proposed text change is Participation circulate the housing element among low- listed below, and moderate -income hshlds and/or organizations that represent them. A.1 Progress in Meeting the RHNA Proposed text revision (page 37): Table V-29 illustrates the 2007-2014 RHNA (462 units). There have been 143 units constructed/approved within the planning period and an additional 17 second units, Six units were designated as very low-income housing, four of which were part of a Habitat for Humanity project. These units were completed and approved for occupancy in 2008. The other two units were permitted as part of a larger -scale residential development. The development project was approved with a density bonus and the applicant was conditioned to deed restrict 20 percent of the units as very low-income for a 30 year period. Permits for the remaining 18 affordable units have not yet been issued and are likely to be approved in the current planning period (these are not included in calculations in Table V-29). Nine of the second units approved were considered affordable to low-income households. Affordability was determined by multiplying the typical Atascadero rental cost per square foot (as determined by the San Luis Obispo Multi -Family Housing Rental Survey Summary) by the square footage of the unit. After accounting for permit and construction activity since 2007, the City has a remaining RHNA of 302 units. An analysis of vacant and underutilized sites available to meet the RHNA is discussed below. (According to State law, vacant and underutilized sites can only offset the current RHNA (2007-2014) not the previous RHNA (2001-2006).) A.2 Land Use Controls Proposed text revisions (page 51): Table V-36 provides development standards for the residential zones and Table V-37 provides the development standards in the Downtown Zones. Minimum parcel size and setback requirements in Atascadero are not unusually strict and are not considered a constraint to the development of affordable housing. The height limit in residential zones has proven not to impede development or discourage density. The Hidden Oaks Apartments and SouthsideVillas condominium projects, 90 and 86 units, respectively, achieved densities over 20 units per acre while meeting the 30 foot, two story height restriction. The Emerald Ridge condominium development, approved in 2004, also met the height requirement while achieving a density of 18 units per acre with 132 units on 7.3 acres. A.1 Second Units Proposed text revision (page 39-40): As Table V-32 shows, all but 146 units of 2007-2014 RHNA can be accommodated by the vacant land and the second unit potential. The potential for second units was determined based on historic second unit building trends from 2001 to 2008. Affordability for second units was determined by multiplying the typical Atascadero rental cost per square foot (as determined by the San Luis Obispo Multi -Family Housing Rental. Survey Summary) by the square footage of the unit. Based on these analyses there is realistic capacity for 38 second units within the planning period. The City needs to identify approximately 7.3 acres to rezone or upzone to 20 units per acre to meet the shortfall. Under State law, half of this acreage needs to be zoned for residential use only. Further, the rezoned parcels must allow multifamily residential uses "by right." In addition, the law requires that the sites selected for rezoning accommodate at least 16 units per site. A.2 Codes and Enforcement Proposed text revision (page 55): Building Codes and Enforcement Atascadero implements the 2007 edition of the California Building Code and other model construction codes, with amendments adopted by the California Building Standards Commission. These model codes establish standards and require inspections at various stages of construction to ensure code compliance and minimum health and safety standards. Although these standards and the time required for inspections increase housing production costs and may impact the viability of rehabilitation of older properties, the codes are mandated for all jurisdictions in California. The City has also adopted an ordinance requiring fire sprinklers in all newly constructed residential units. The ordinance was instated for the protection of Atascadero residents because there are some locations in the City where emergency response times for fire personnel are over 10 minutes. Most residential sites in Atascadero are in a high or very high fire hazard severity zone. With the very hot summers in Atascadero and abundance of dry brush and native vegetation located in the residential .zones, there is a high potential for fire.- The installation of fire sprinklers adds approximately $2 per square foot to the cost of construction of single- family homes, The additional cost is likely to be passed along to the homebuyer as part of the final cost of the home or to renters in the form of a higher monthly rental price. The added cost does not pose a significant constraint to the construction of new units and second units. Aside from this ordinance, the City has not adopted local amendments to the model codes that increase housing costs (the Plumbing Code has been amended to address large -lot development with septic systems). Building inspectors are responsible for ensuring that proposed projects meet State and local codes. A.2 Inclusionary Policy Proposed new text (page 60): Inclusionary requirements and fees .also add to housing development costs. In 2003, the City Council approved an Inclusionary Housing Policy for all -developments requiring legislative approval including planned developments and projects requiring a Zone Change or General Plan Amendment. The Policy requires an in -lieu fee of five percent of the construction valuation of the market rate units within a project that does not provide 20 percent of the units as affordable. All inclusionary unitsshall be deed restricted for -a ,:period of 30 years. All residential projects under legislative approval are subject to the inclusionary requirement as follows: o Projects of 1-10 units: pay in -lieu fee or build units. o Projects of 11 or more units must build units or receive a Council approval to pay in -lieu fees. The inclusionary Housing Policy requires that all affordable units in single family land use areas be designated for moderate - income households. The distribution of affordable units in multi -family and mixed-use commercial land use areas area: 20 percent very low-income;, 37 percent low-income, and 43 percent moderate -income. Affordable units must be constructed at the same time as.the market -rate units and affordable units must be physically distributed throughout the project site, rather than concentrated in one area. To ensure compliance with these requirements, a construction timeline detailing the development of affordable units and a site map must be approved by the City Council. With City Council approval alternatives to on-site construction or payment of in -lieu fees for inclusionary units may be allowed, including: off-site construction, land dedication, or combinations of construction, fees, and land dedications. As an incentive to provide affordable units, all inclusionary units shall be treated as density bonus units that are not ,counted as part of the maximum density entitlement of a site: As an increasing number of inclusionary units move toward construction, the development community has raised concerns regarding the financing.and resale of these units. In an attempt to mitigate some of these financing. issues, the City Council approved antiquity -sharing program for the moderate -income homes. The equity - sharing program calls for the home to eventually be re -sold at the fair market value, with the City receiving its share of the sales proceeds to re -invest in affordable housing. An Affordable Housing Funds Policy was adopted by the City in 2008 for allocation of Redevelopment Agency housing set- aside funds and City -affordable housing in -lieu funds. The intent of the Policy is to guide both the 'Community Development Department and the Redevelopment Agency in evaluating projects and proposals that request Financial assistance from the City's affordable housing in -lieu and Redevelopment set-aside funds. Fees deposited into the account may be used in the acquisition, construction, or rehabilitation of affordable housing. As of June 2009, the fund had a balance of $320,000. A.2 Design Review Proposed new text (page 60): The Atascadero Appearance Review Manual was adopted by the City Council in 1987. The Manual includes direction regarding the relationship of buildings to the site, relationship of buildings and the site to the adjoining area, landscaping, building design, maintenance, and parking. The purpose of Appearance Review is to ensure that the architectural and general appearance of buildings and grounds are in keeping with the character of the neighborhood. Appearance Review takes place at the staff, Planning Commission, and City Council level in conjunction with the building permit and planning processes. Projects do not go to the Planning Commission or City Council for design review only. Multi - M family building permits are reviewed at the planning department staff level for form and massing, site design, and minor architectural details. Design review for master plan developments of 12 or more units is conducted by he Planning Commission. However, any parcels rezoned as a result of implementation of Programs 1.1-1 and 1.1-2 will not be subject to any discretionary actions for project approval. The Commission reviews proposed developments for form and massing, architectural detailing, pedestrian links, and integration with the existing neighborhood. Planned developments are initially reviewed by the Planning Commission and then by the City Council. The plans are reviewed for form and massing, architectural detailing, sense of community, integration with the existing neighborhood, and streetscaping elements. The Appearance Review process does not appear to have a significant effect on housing affordability. Staff will continue to provide educational materials and training for the Planning Commission and City Council regarding the function and scope of Appearance Review to ensure it is not inadvertently used to reduce housing units. A.3 At -Risk Units Proposed text revisions (page 28-29): State law requires that Housing Elements include an inventory and analysis of assisted multi -family housing units "at risk" of conversion to market -rate housing. The inventory must account for all units for which subsidies expire within the planning period for the Housing Element update. The potential loss of existing affordable housing units is an important issue to the City due to potential displacement of lower-income tenants and the limited alternative housing options available for such persons. It is typically less expensive to preserve the affordability of existing units than to subsidize construction of new affordable units due to the rising cost of land and construction. In Atascadero, there is one multi -family rental property at risk of converting from affordable units to market rate (see Table V- 19). California Manor currently offers 95 affordable units for low-income seniors. There is currently a purchase agreement in place for the sale of the property. The: City is working closely with the potential new owner to obtain State Low -Income Tax Credit financing' in. order to maintain affordability. The potential new owner has proposed to rehabilitate the apartments using the tax credits. 'Renovations will include the installation of a new roof, concrete siding, energy-efficient appliances, carpet, linoleum, cabinets, countertops, HVAC, and lighting. According to the purchase agreement currently in place for California Manor, the acquisition cost for the facility is $11,500,000. Renovations costs are estimated at approximately $5.5 million, including construction, design, relocation, and soft costs. If LIHTC financing is not approved, the City may consider assisting in maintaining affordability of the units by contributing in - lieu fee funds or working with the new owner to pursue alternate low-income housing funding sources. Potential funding sources may include Community Development Block Grants and HOME program funds. In case that buyer currently under contract for the property is not able to obtain funding, other potential buyers with access to low-income financing may include People's Self Help Housing, based in San Luis Obispo or Affordable Homes, based in Avila Beach (HCD list of qualified entities). Hidden Qaks paFtments Gurrently FnaiRtains 049rdability FA6tF0GAiQR9 MR I units. At this time, the ownerrb have indiQ;atAd th;;t they do not p! the affeFdable F98WGWAG beYGRd 2012 and the units will likely GGRY94 t9 mgrkat rate. Table V-19 At -Risk Assisted Housing Units Development Address Units Affordable Units Elderly Units Non- Elderly Units Current Owner Subsidy Date Deed Restrictions Expire Options for Renewal Hidden flaks 90 4-9 rte% SGRUS 24Q California 10165 EI 95 95 95 0 California USDA 2006 The new Manor Camino Manor A Rural owner of Real Limited Dev. the facility under Loan is pursuing Source: City of Atascadero, 2009 B.1 Housing Programs Proposed text revisions (pages 72-80): 1.1-7 Continue to allow mixed residential and commercial development and promote second- and third - story residential development in the City's downtown zoning districts. Taking into account market conditions and development costs, the City will provide, when possible, developer incentives such as expedited permit processing and fee deferrals for units that are affordable to lower income households. The City will publicize these incentives on the City's website (www.atascadero.org) within one week of a confirmed decision to make them available in a timely fashion. a^^'the appli8ation PF96ess. Funding Source: General Fund Responsible Agency: Community Development Department, Planning Commission, City Council Timeframe: Ongoing Quantified Objective: 20 units 1.1-8 Adopt a Rural Residential Zone in the Zoning Ordinance consistent with its designation on the Zoning Map and standards that distinguish it from the Residential Suburban zone (to facilitate the development of a variety of housing types). Funding Source: General Fund Responsible Agency: Community Development Department Timeframe: Within three years of Housing Element adoption the planning peFied Quantified Objective: n/a 1.1-12 To encourage the development of second units, the City will evaluate the development standards and update the Zoning Ordinance for second units (secondary residential units). For example, the City will explore incentives such as reducing fees and eliminating the covered parking requirement for a secondary residential unit. The City will also work with Atascadero Mutual Water Company to investigate the possibility of reductions to water connection fees for second units and consider an amnesty program that would reduce or eliminate fees for unpermitted second units. Funding Source: General Fund Responsible Agency: Community Development Department, Public Works Department, City Council Timeframe: Within three years of Housing Element adoption the ptaRniR9 Per�ed Quantified Objective: 40 units sales financing to contract maintain with unit Micon affordability. Real Estate Gity e# 55 55 S+tyaFies AtascadeFe ARedWate laserae E -%U4 ;art FF#s Total 240 1 4-65,2 Source: City of Atascadero, 2009 B.1 Housing Programs Proposed text revisions (pages 72-80): 1.1-7 Continue to allow mixed residential and commercial development and promote second- and third - story residential development in the City's downtown zoning districts. Taking into account market conditions and development costs, the City will provide, when possible, developer incentives such as expedited permit processing and fee deferrals for units that are affordable to lower income households. The City will publicize these incentives on the City's website (www.atascadero.org) within one week of a confirmed decision to make them available in a timely fashion. a^^'the appli8ation PF96ess. Funding Source: General Fund Responsible Agency: Community Development Department, Planning Commission, City Council Timeframe: Ongoing Quantified Objective: 20 units 1.1-8 Adopt a Rural Residential Zone in the Zoning Ordinance consistent with its designation on the Zoning Map and standards that distinguish it from the Residential Suburban zone (to facilitate the development of a variety of housing types). Funding Source: General Fund Responsible Agency: Community Development Department Timeframe: Within three years of Housing Element adoption the planning peFied Quantified Objective: n/a 1.1-12 To encourage the development of second units, the City will evaluate the development standards and update the Zoning Ordinance for second units (secondary residential units). For example, the City will explore incentives such as reducing fees and eliminating the covered parking requirement for a secondary residential unit. The City will also work with Atascadero Mutual Water Company to investigate the possibility of reductions to water connection fees for second units and consider an amnesty program that would reduce or eliminate fees for unpermitted second units. Funding Source: General Fund Responsible Agency: Community Development Department, Public Works Department, City Council Timeframe: Within three years of Housing Element adoption the ptaRniR9 Per�ed Quantified Objective: 40 units 1.1-14 Adopt an ordinance to allow vertical multi -family residential on the second floor in General Commercial land use designations with a Conditional Use Permit and horizontal mixed-use subject to a PD and General Plan Amendment Funding Source: General Fund Responsible Agency: Community Development Department, City Council Timeframe: Within three years of Housing Element adoption thed Quantified Objectives: n/a 1.1-18 Amend the Zoning Ordinance to establish minimum required densities in the medium and high density residential zones to preserve the limited supply of multi -family zoned land for multi -family uses. Funding Source: General Fund Responsible Agency: Community Development Department, Planning Commission, City Council Timeframe: Within three years of Housing Element adoption the planning died Quantified Objective: n/a 4.3-1 Consider developing a first-time homebuyers program to enable lower-income households (up to 80 percent of AMI) to purchase their first homes. Assistance could be provided in the form of a loan secured by a deed of trust. Funding Source: Redevelopment Agency Set -Aside Funds Responsible Agency: Community Development Department, Redevelopment Agency Timeframe: Within three years of Housing Element adoption the PiaRRlag perled Quantified Objective: 5 units 4.3-3 Consider establishing a housing rehabilitation program that provides loans and rebates to income - qualified households to correct Health and Safety Code violations and make essential repairs and retrofits. The maximum loan limit could be $20,000 with 0% interest and could be limited to lower- income households (<80 percent AMI). Eligible home improvements could include structural systems, plumbing systems, weather proofing, and exterior repainting. The City would develop an outreach program to advertise to City residents that the program is available. Funding Source: Redevelopment Agency Set -Aside Funds Responsible Agency: Community Development Department, Redevelopment Agency Timeframe: Within three years of Housing Element adoption the per+ed Quantified Objective: 75 units 4.3-5 Establish a program to assist building owners in converting upper floor residential space in the downtown to deed restricted extremely low-, very low- and low-income units. Funding Source: Redevelopment Agency Set -Aside Funds and In -lieu Fees Responsible Agency: Community Development Department, Redevelopment Agency Timeframe: Within three years of Housing Element adoption the plaRRIP9 per+ed Quantified Objective: 10 units 4.3-6 Work with nonprofits and identify funding to address the housing needs of extremely low-income households and totally and permanently disabled persons. Funding Source: Redevelopment Agency Set -Aside Funds and other funding sources, as appropriate 7 Responsible Agency: Community Development Department, Redevelopment Agency Timeframe: Identify funding sources annually the-piaa+;!Rg yeFied Quantified Objective: 5 units 1.1-16 Continue to encourage developers to work with agencies such as the California Housing Finance Authority (CHFA) and the Department of Housing and Urban Development (HUD) to obtain loans for development of new multifamily rental housing for low income households. This will be accomplished by working with appropriate non-profit organizations, such as People's Self Help Housing and the San Luis Obispo County Housing Trust Fund, to identify opportunities. Specifically, the City will: • Contact potential affordable housing developers. • Identify funding opportunities and pursue financing. • Assist in preparing applications for funds. • Provide regulatory concessions and incentives, as necessary, to encourage and facilitate the construction of affordable housing. Funding Source: General Fund Responsible Agency: Community Development Department, Redevelopment Agency Timeframe: Ongoing Quantified Objective: n/a 1.1-17 Continue to contract with the San Luis Obispo Housing Authority iR MaWadeFe and t1lipi for administration of the Section 8 housing voucher program. The City utilizes this relationship for program implementation and income verifications, and will apply for additional Section 8 vouchers, as appropriate. Funding Source: HUD Section 8 Responsible Agency: Community Development Department, City Council, Housing Authority Timeframe: Ongoing, when eligible Quantified Objective: n/a 5.1-2 Continue to work with development community to identify and mitigate any constraints on access to financing for multifamily development. The City will conduct regular stakeholder meetings with members of the development community including representatives from local non-profit housing organizations, developers, and real estate brokers to solicit feedback. Funding Source: Responsible Agency: Timeframe: Quantified Objective: B.2 Programs Proposed text revisions (pages 70-71): General Fund Community Development Department Ongoing n/a 1.1-1 To comply with State law requirements (Government Code Section 65583(c)(1) (A) and 65583(c)(1) (B), the City must meet the unaccommodated need from the previous planning period (2001-2006). This requirement is in addition to the requirement to identify sites to accommodate the Regional Housing Needs Allocation (RHNA) for the new planning period (2007-2014) (see Program 1.1-2). The jurisdiction may not count capacity on the same sites for both planning periods. To address the 2001 - 2006 RHNA, the City shall amend the General Plan and the Zoning Ordinance, as necessary, to provide adequate sites for 505 very low and low-income units at a minimum of 20 dwelling units per acre "by right" (without a Conditional Use Permit or other discretionary action) on certain sites or in certain zones. At least half (50 percent) of these sites shall be zoned for residential uses only. The sites rezoned must be able to accommodate a minimum of 16 units per site. To facilitate housing production, the City will focus on sites from 1 to 5 acres in size. The applications can be subject to design review as long as the project does not trigger the CEQA review process, Adjacent uses and densities and the availability of services and transit should be considered when evaluating sites for higher density housing. A list of potential vacant sites for rezoning from 16 units per acre to a minimum of 20 units per acre is included in Appendix III. Funding Source: General Fund Responsible Agency: Community Development Department, Planning Commission, City Council Timeframe: Within one year of Housing Element adoption Quantified Objective: 505 units 1.1-2 In order to meet State law requirements (Government Code Sections 65583(c)(1) (A) and 65583(c)(1) (B)) to address the 2007 — 2017 RHNA, the City shall amend the General Plan and the Zoning Ordinance, as necessary, to provide adequate sites for 146 very low and low-income units at a minimum of 20 dwelling units per acre "by right" (without a Conditional Use Permit or other discretionary action) on certain sites or in certain zones. At least half (50 percent) of these sites shall be zoned for residential uses only. The sites rezoned must be able to accommodate a minimum of 16 units per site. To facilitate housing production, the City will focus on sites from 1 to 5 acres in size. The applications can be subject to design review as long as the project does not trigger the CEQA review process. Adjacent uses and densities and the availability of services and transit should be considered when evaluating sites for higher density housing. A list of potential vacant sites for rezoning from 16 units per acre to a minimum of 20 units per acre is included in Appendix Ill. Funding Source: General Fund Responsible Agency: Community Development Department, Planning Commission, City Council Timeframe: Within three years of Housing Element adoption Quantified Objective: 146 units B.3 Proposed text revisions (page 82): 6.1-8 The City shall review impact fees and the capital facility fee schedule to reduce fees and barriers to affordable housing development, particularly affordable units. (See also Program 4.3-2 for the potential use of Redevelopment Agency Set -Aside Funds for fee waivers.) Funding Source: General Fund Responsible Agency: Community Development Department, Public Works Department, Planning Commission, City Council Timeframe: Within one year of Housing Element adoption Quantified Objective: n/a B.4 Proposed new program (page 75): The City shall continue to monitor the status of subsidized affordable projects, rental projects, and mobile homes in the City and provide technical and financial assistance, when possible, to ensure long-term affordability. This will involve contacting owner/operators of subsided projects annually to determine the status of the units and their potential to convert to market -rate. If projects are at -risk, the City will maintain contact with local organizations and housing providers who may have an interest in acquiring at -risk units, and, when feasible, keep track of and apply for funding opportunities to preserve at -risk units, and assist other organizations in applying for funding to acquire at -risk units. Funding Source: General Fund Responsibility: Community Development Department Timeframe Contact owners/operators annually and ongoing Quantified Objective: n/a C. Public Participation Proposed text revisions (page 3): Government Code §65583(c)(6)(B) requires the City to "make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element." Accordingly, this document incorporates input received from the general public, City Council, and Planning Commission of Atascadero. The City facilitated a series of stakeholder interviews on June 9, 2009, and a public workshop on June 16, 2009, to solicit input by citizens from different geographic areas and economic segments in the City, financial and real estate professionals, decision -makers, and others to provide policy guidance. The public was notified of opportunities to comment on the Housing Element at a Planning Commission meeting on September 1, 2009 and a City Council meeting on September 22, 2009. The City also held a series of workshops with Tierra West Advisors, Inc. to develop priorities for the Redevelopment Agency low and moderate housing funds. Public workshops were held on February 28, 2008 and April 29, 2008. To ensure that the interests of low- and moderate -income residents were represented in the Housing Element update process, the City specifically sought interviews with representatives from Habitat for Humanity, Transitional Food and Shelter, People's Self Help Housing, the San Luis Obispo County Housing Trust Fund, and the EI Camino Homeless Organization (ECHO). Representatives from low- and moderate -income housing organizations including non-profit housing development firms and homeless service `groups were also mailed notifications for the Planning Commission and City Council hearings. Input from the interviews, workshops, and hearings is incorporated in the Housing Element. The Housing Element is posted for public review on the City's web site (www.atascadero.org). 10 consulting,lisa wise planning economics natural resources To: Melinda Benson, Department of Housing and Community Development (HCD) From: Amy Sinsheimer and Lisa Wise, Lisa Wise Consulting on behalf of the City of Atascadero Date: August 4, 2010 Re: City of Atascadero Housing Element Update - Changes to draft Housing Element Document This memo provides changes and additions to the Atascadero Draft Housing Element Update document based on our conversation with HCD on August 2, 2010. The text below refers to the page number and any other location information in the June 14, 2010 draft. New text is shown underlined and deletions are in strikeout. 1. Page 3, Section 2. - The following edits will be made to the Public Participation section: 2. Public Participation Government Code §65583(c) (6) (B) requires the City to "make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element." Accordingly, this document incorporates input received from the general public, City Council, and Planning Commission of Atascadero. The City facilitated a series of stakeholder interviews on June 9, 2009, and a public workshop on June 16, 2009, to solicit input by citizens from different geographic areas and economic segments in the City, financial and real estate professionals, decision -makers, and others to provide policy guidance. The main issues brought up during public comment were: ■ Modification of second unit ordinance - City should make it easier to permit manufactured homes/modify the ordinance to allow larger units. Also second units should be easier to permit. ■ Create an RMF -20 zone to increase the maximum density for Downtown and the mixed use commercial. ■ Consider extension of second unit amnesty. ■ Cap fees for second units and affordable units. • Work with Atascadero Mutual Water Comlbany(AMWC) to reduce meter fees for second units. • Create policies for Redevelopment Agency (RDA) funds. The public was notified of opportunities to comment on the Housing Element at a Planning Commission meeting on September 1, 2009 and a City Council meeting on September 22, 2009. The main issues brouaht up by the Plannina Commissioners were: ■ Make goals and objectives in housing element quantifiable. ■ Make balanced use of RDA funds. • Create a proaram to use RDA funds and inclusionary set-aside funds to assist ve low and low-income households. ■ Don't use City funds to fund housing element programs. ■ Suggest having design guidelines for multi -family housing. lisawiseconsulting.com 1 983 Osos Street, San Luis Obispo, CA 93401 1 805.595.1345 ■ The current fee structure provides no incentive for affordable housing ■ Is there overcrowding in low-income neighborhoods? ■ Suggest a new amnesty program for second units. Can affordable second units be credited towards the RHNA? ■ Can blight be addressed using RDA funds? There is a need for a formal housing rehabilitation pro rq_am. ■ Water fees are too high and are not applied equally to different types of construction projects. The main issues brought up by the public were: • Address housing for the temporarily and permanently disabled including SROs, studio apartments and group homes ■ Address transitional housing for persons in recovery The City also held a series of workshops with Tierra West Advisors, Inc. to develop priorities for the Redevelopment Agency low and moderate housing funds. Public workshops were held on February 28, 2008 and April 29, 2008. To ensure that the interests of low- and moderate -income residents were represented in the Housing Element update process, the City specifically sought interviews with representatives from Habitat for Humanity, Transitional Food and Shelter, People's Self Help Housing, the San Luis Obispo County Housing Trust Fund, and the EI Camino Homeless Organization (ECHO). Representatives from low- and moderate -income housing organizations including non-profit housing development firms and homeless service groups were also mailed notifications for the Planning Commission and City Council hearings. At the recent stakeholder interviews, community members were given the opportunity to ask questions and to provide recommendations on goals, policies, and programs. This input is incorporated in the Housing Element. Community input will continue as the process moves forward. Input from the interviews, workshops, and hearings is incorporated in the Housing Element. The Housing Element is posted on the City's web site (www.atascadero.org). 2. Page 29, Section 5. - The following edits will be made to the second paragraph in this section: In Atascadero, ' A-2 opifg ^ro i; ^no there are 95 units in a multi -family rental property at risk of converting from affordable units to market rate (see Table V-19). California Manor currently offers 95 affordable units for low-income seniors. There is currently a purchase agreement in place for the sale of the property. The City is working closely with the potential new owner to obtain State Low -Income Tax Credit financing in order to maintain affordability. The potential new owner has proposed to rehabilitate the apartments using the fax credits. Renovations will include the installation of a new roof, concrete siding, energy-efficient appliances, carpet, linoleum, cabinets, countertops, HVAC, and lighting. 3. Page 55, Chapter G. Constraints, Section 1. - The following edits will be made to the text below and Table V-36 as shown below: Table V-36 provides development standards for the residential zones and Table V-37 provides the development standards in the Downtown Zones. Minimum parcel size and setback requirements in Atascadero are not unusually strict and are not considered a constraint to the development of affordable housing. The height limit in residential zones has proven not to impede development or discourage density. The Hidden Oaks Apartments and Southside Villas 2 isawiseconsulting.com 1 983 Osos Street, San Luis Obispo, CA 93401 1 805.595.1345 condominium projects, 90 and 86 units, respectively, achieved densities over 20 units per acre while meeting the 30 foot, two story height restriction. The Emerald Ridge condominium development, approved in 2004, also met the height requirement while achieving a density of 18 units per acre with 132 units on 7.3 acres. Additionally, as noted in Table V-36 a waiver of the two story height restriction is possible on a project -by -project basis as part of the Conditional Use Permit process. Table V-36 Residential Zones Development Standards Dearlopmeny� Zane �"Faiac'2rd; op RSF4; RSL RMF:.' .Z X z Min lot size (acres) 2.5 - 10 5 1 1.5 - .56 1.5 5 2.5 2.5' Max Height (feet) 30 ft. max. 30 ft. e 2 stories max.)- Setbacks (feet) 25 ft. min Front Exceptions for shallow lots, flag lots, s oping lots, and variable block. 5 ft. min Side Exceptions for corner lots, key lots, small corner lots, accessory buildings, common wall develo ment6, zero lot line develo ment7, access easements. Principle residential building - 10 ft. min Rear Accessory building - 5 ft. min Interior Principle residential buildings - 10 ft or Yz height of taller of 2 buildings Accessory building - 10 ft. some code exceptions apply) Notes: 1. Depending upon conformance with performance standards set in each zone. 2. Smaller lot sizes allowed with a Planned Development. 3. Smaller lot sizes allowed for PD projects, including condominiums and mobile home developments, provided that the overall density within the project conforms with Section 9-3.17 (RMF Zone - Density). 4. Except for 2nd story dwellings over commercial and industrial uses. 5. Two dwelling units, and/or their accessory garages constructed on adjoining lots with minimum building code separation. 6. A group of dwelling units on adjoining lots may be established so that all units about 1 side property line. 7. Whichever is greater. 8 These height limitations may be modified through conditional use permit approval, provided the Planning Commission first finds the proiect will not result in substantial detrimental effects on the eniovment and use of adjoining properties and that the modified height will not exceed the lifesaving equipment capabilities of the Fire Department (Zoning Ordinance Section 9-4.113. 4. Page 75, Policy 1.1, Program 1. -The following edits will be made to Program 1: 1. To comply with State law requirements (Government Code Section 65583(c) (1) (A) and 65583(c)(1) (B), the City must meet the unaccommodated need from the previous planning period (2001-2006). This requirement is in addition to the requirement to identify sites to accommodate the Regional Housing Needs Allocation (RHNA) for the new planning period (2007-2014) (see Program 1.1-2). The jurisdiction may not count capacity on the same sites for both planning periods. To address the 2001 - 2006 RHNA, the City shall amend the General Plan and the Zoning Ordinance, as necessary, to provide adequate sites for 505 very low and low-income units at a minimum of 20 dwelling units per acre "by right" (without a Conditional Use Permit or other discretionary action) on certain sites or in certain zones. At least half (50 percent) of these sites shall be zoned for residential uses only. The sites rezoned must be able to accommodate a minimum of 16 units per site. To facilitate housing production, the City will focus on sites from 1 to 5 acres in size. Currently, a specific plan is required on sites that will be developed with 100 or more housing units. The parcels rezoned as a result of this program will not be subject to this iisawiseconsulting.com 1 983 Osos Street, San Luis Obispo, CA 93401 1 805.595.1345 3 requirement. The applications can be subject to design review as long as the project does not trigger the CEQA review process. Adjacent uses and densities and the availability of services and transit should be considered when evaluating sites for higher density housing. A list of potential vacant sites for rezoning from 16 units per acre to a minimum of 20 units per acre is included in Appendix III. Funding Source: General Fund Responsible Agency: Community Development Department, Planning Commission, City Council Timeframe: At the time of Housing Element adoption (anticipated in December 2010)_ Quantified Objective: 505 units (Programs 1 and 2 total 651 units) 5. Page 78, Insert new Program 11, as shown below: 11. Update feasibility analysis of inclusionary housing policy to reflect current market conditions. As part of the feasibility study explore options to streamline and clarify the various options available to a developer. The City will also evaluate impacts to market rate housing related to current market conditions, project applications, estimated affordable housing requirements, fee collection, and actual construction of affordable housing units. If the policy presents an obstacle to the development of the City's fair share of regional housing needs, the City will revise the policy accordingly. Funding Source: General Fund Responsible Agency: Community Development Department, Redevelopment Agency Timeframe: Within one year of Housing Element adoption Quantified Objective: n/a 6. Pages 78 and 79, under Policy 1.1, Programs 11 through 18 will be renumbered up one number due to the creation of a new program 11. as detailed above. 7. Page 82, Policy 4.1, Program 2. -The following edits will be made to Program 2: 2. Continue to support local motel voucher programs for temporarily displaced and extremely low-income persons. The motel voucher program is funded through the City's CDBG funding. Motel vouchers are available to aid residents experiencing_emergency situations, such as a house fire, in finding temporary housing. The City works with non-profit organizations (such as Loaves and Fishes) to aid the residents in need and provide technical support for the motel voucher program. Funding Source: General Fund Responsible Agency: Community Development Department Timeframe: Ongoing Quantified Objective: n/a 4 lisawiseconsulting.com 1983 Osos Street, San Luis Obispo, CA 93401 1 805.595.1 345 STATE OF CALIFORNIA -BUSINESS, TRANSF^OTATION AND HOUSING AGENCY ARNOLD SCHWARZ NQQR Gov .rnor DEPARTMENT OF HOUSING AN- ;OMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT , 1800 Third Street, Suite 430 P. O. Box 952053 Sacramento, CA 94252-2053 (916) 323-3177 / FAX (916) 327-2643 www.hcd.ca.gov August 11, 2010 Mr. Warren Frace Community Development Director City of Atascadero 6907 EI Camino Real Atascadero, CA 93422 Dear Mr. Frace: RE: Review of the City of Atascadero's Revised Draft Housing Element Thank you for submitting Atascadero's draft housing element received for review on June 21, 2010, with revisions received on August 4, 2010. The Department is required to review draft housing elements and report the findings to the locality pursuant to Government Code Section 65585(b). A telephone conversation on November 4, 2009 with you, Ms. Callie Taylor, of your staff, and Ms. Amy Sinsheimer, from Lisa Wise Consulting, Inc., the City's consultant, facilitated the review. The revised draft element addresses most of the statutory requirements described in the Department's January 14, 2010 review. For example, the element now includes a complete sites inventory and adequate analysis of government constraints. However, Program 1.1 states rezones to accommodate the shortfall of sites from the previous planning period will be completed concurrent with the adoption of the element anticipated to be December 2010. Pursuant to Government Code Section 65584,09 and 65583(c)(1) (AB 1233), the element must demonstrate the rezones to accommodate the shortfall of sites from the previous planning period will be completed within one year of the beginning of the planning period (August 30, 2009). Please be aware, should the City fail to complete the rezones by August 30, 2010, the Department cannot find the element in compliance until the required rezoning is complete and it reflects that rezoning. Once the element addresses this requirement, it will be in compliance with State housing element law (Article 10.6 of the Government Code), The Department appreciates the cooperation and assistance provided by Ms. Sinsheimer throughout the course of the review. If you have any questions, please contact Melinda Benson, of our staff, at (916) 445-5307. Sincerely, Cathy E. Cr well Deputy Director