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Home My WebLink AboutPC_2018-01-16_AgendaPacket WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website CITY OF ATASCADERO PLANNING COMMISSION AGENDA REGULAR MEETING Tuesday, January 16, 2018 6:00 P.M. Historic City Hall Council Chambers 6500 Palma Avenue, 4th Floor Atascadero, California 93422 CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Duane Anderson Vice Chairperson Jerel Seay Commissioner Ryan Betz Commissioner Mark Dariz Commissioner Josh Donovan Commissioner Jan Wolff Commissioner Tom Zirk 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 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.) 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.) 1. APPROVAL OF DRAFT MINUTES OF PLANNING COMMISSION MEETING ON DECEMBER 5, 2017 City of Atascadero Planning Commission Agenda Regular Meeting, January 16, 2018 Page 2 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website PLANNING COMMISSION BUSINESS 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 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).) 2. PLN 2015-1571, ZONING ORDINANCE TEXT UPDATES COMMISSIONER COMMENTS AND REPORTS Applicant: City of Atascadero, 6500 Palma Ave., Atascadero, CA 93422 Project Title: PLN 2015-1571 – Downtown Zoning Text Amendments Project Location: Downtown, Atascadero, CA, (San Luis Obispo County) Project Description: Zoning Ordinance Text Updates to Title 9 of the Atascadero Municipal Code including amendments to require a Conditional Use Permit for ground floor office and health care services and to prohibit ground floor residential uses within specific locations within the Downtown Commercial Zoning District, and clarifying the required setback on West Mall. Proposed Environmental Determination: The California Environmental Quality Act (CEQA) Section 15061.(3), (b) exempts activities which are covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The proposed text amendment will not have any significant adverse environmental impacts associated with this project application. City Staff: Kelly Gleason, Senior Planner, kgleason@atascadero.org, Phone: (805) 470-3446. Recommendation: Staff recommends that the Planning Commission adopt PC Resolution 2018 -A recommending the City Council introduce an Ordinance for first reading, by title only, to approve PLN 2015-1571, zoning standard amendments to the Downtown Commercial Zoning District, based on findings. City of Atascadero Planning Commission Agenda Regular Meeting, January 16, 2018 Page 3 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website DIRECTOR’S REPORT ADJOURNMENT The next regular meeting will be on February 6, 2018, at 6:00 p.m. at City Hall Council Chambers, 6500 Palma Avenue, 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, January 16, 2018 Page 4 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website 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 6:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, 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, 6500 Palma Avenue, Atascadero, and on our website, www.atascadero.org. 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 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 persona l 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 Co mmission 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 C ommunity Development Department at 470-3402 at least 24 hours prior to the meeting. Digital presentations brought to the meeting should be on a USB drive or CD. 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. PC Draft Minutes of 12/5/17 Page 1 of 5 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting – Tuesday, December 5, 2017 – 6:00 P.M. City Hall Council Chambers 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 6:03 p.m. Chairperson Anderson called the meeting to order at 6:0 3 p.m. and Commissioner Wolff led the Pledge of Allegiance. ROLL CALL Present: Commissioners Betz, Dariz, Donovan, Zirk, Wolff, Vice Chairperson Seay, and Chairperson Anderson Absent: None Others Present: Recording Secretary, Annette Manier Staff Present: Community Development Director, Phil Dunsmore Associate Engineer, Mike Bertaccini Senior Planner, Callie Taylor APPROVAL OF AGENDA MOTION: By Vice Chairperson Seay and seconded by Commissioner Donovan to approve the Agenda. Motion passed 7:0 by a roll-call vote. PUBLIC COMMENT None Chairperson Anderson closed the Public Comment period. CONSENT CALENDAR 1. APPROVAL OF DRAFT MINUTES OF PLANNING COMMISSION MEETING ON NOVEMBER 21, 2017 ITEM NUMBER: 1 DATE: 1-16-18 1 PC Draft Minutes of 12/5/17 Page 2 of 5 2. APPROVAL OF 2018 PLANNING COMMISSION MEETING SCHEDULE MOTION: By Commissioner Donovan and seconded by Commissioner Betz to approve the Consent Calendar. Motion passed 7:0 by a roll-call vote. PLANNING COMMISSION BUSINESS None COMMUNITY DEVELOPMENT STAFF REPORTS None Community Development Director stated that he would cover the Director’s Report while waiting on technical difficulties with the presentation to be addressed. DIRECTOR’S REPORT Community Development Director announced that the December 19, 2017 , and January 2, 2018, hearings may be cancelled. Community Development Director Dunsmore stated that staff is tentatively planning to present the downtown land use project to the Commission on January 16, 2018. Community Development Director Dunsmore gave an update on the Coco’s Restaurant site, the Carl’s Jr. Sign, and the corner lot project at Highway 41/El Camino Real. 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 Perm its, 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 t o provide testimony to the Commission following the applicant. Speakers should state their name 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 2014-1519, AMENDMENT FOR PRINCIPAL MIXED-USE PLANNED DEVELOPMENT Property Owner: ECR Principal, LLC, 125 S. Bowling Green Way, Los Angeles, CA 90049 and Principal Partners LLC, 555 Ramona Drive, San Luis Obispo, CA 93405 2 PC Draft Minutes of 12/5/17 Page 3 of 5 EX PARTE COMMUNICATIONS Commissioner Dariz and Chairperson Anderson reviewed this project at the Design Review Committee (DRC). Senior Planner Taylor gave the staff report and she and Community Development Director Dunsmore answered questions from the Commission. The applicant has worked with City staff and has made significant changes to the project based on DRC’s recommendations. This item will move on to City Council if approved tonight. Applicant: Barry Ephraim, ECR Principal, LLC, 125 South Bowling Green Way, Los Angeles, CA 90049 Project Title: PLN 2014-1519 – CUP 2002-0071 Amendment/ Tentative Tract Map TTM 2014-0107/2017/ ZCH 2017-0187 Project Location: 9105, 9107, 9109 Principal and 9300 Pino Solo, Atascadero, CA 93422 APN 030-491-001, 013, 019, 020 (San Luis Obispo County) Project Description: Proposed project includes an Amendment to a previously approved housing & commercial project at the corner of El Camino Real and Principal Ave. A new subdivision (Tentative Tract) Map is proposed to allow a total of 27 detached units, 9 attached multi-family units, and 6 live-work units and a new 8,111 sq. ft. commercial lot on El Camino Real. Modifications to the site design, building designs, and conditions of approval are proposed. The previously approved carwash is within the project area, however no changes are proposed to the carwash. General Plan Designation: Medium Density Residential (MDR), General Commercial (GC) Zoning District: Residential Multi-Family (RMF-10), Commercial Retail (CR), with PD-24 (Planned Development #24) overlay Proposed Environmental Determination: The proposed project is consistent with the Environmental Analysis (Mitigated Negative Declaration-MND) previously circulated for the project and certified by the City Council in May 26, 2015. A MND Addendum has been prepared for the project changes. City Staff: Callie Taylor, Senior Planner, ctaylor@atascadero.org, Phone: (805) 470-3448 Recommendation: Design Review Committee and Staff recommend Planning Commission adopt: 1. PC Resolution 2017-A, recommending the City Council approve an Addendum to Certified Mitigated Negative Declaration No. 2015-0001; and, 2. PC Resolution 2017-B, recommending the City Council approve zone text amendments to an adopted Planned Development Overlay Zone (PD -24) (ZCH 2017-0187); and, 3. PC Resolution 2017-C, recommending the City Council approve amendments to Conditional Use Permit 2003-0117 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 4. PC Resolution 2017-D, recommending the City Council approve a 2017 Vesting Tentative Subdivision Map (Tract 3070, TTM 2014-0107/2017), based on findings and subject to Conditions of Approval and Mitigation Monitoring. 3 PC Draft Minutes of 12/5/17 Page 4 of 5 PUBLIC COMMENT The following members of the public spoke during public comment: Royce Eddings, Tom Ehlers, Mary McCown, and Richard Gomez. Royce Eddings answered questions from the Commission. Chairperson Anderson closed the Public Comment period. Associate Engineer Bertaccini answered questions in regards to drainage, sewer line, Principal widening, carwash water, drainage and underground utilities that were raised during public comment. Joe Duhon and Barry Ephraim, from the app licant’s team, answered questions from the Commission. Community Development Director explained the City’s Inclusionary Housing Policy and the definition of Low Income and Moderate Income; and explained that the City has not met the low and very low numbers yet. Barry Ephraim told the Commission that because of the extreme financial cost to him, and low public benefit, he would prefer not to do the five low and very low units, he would prefer to do Moderate, and explained his reasons why. The Commission agreed that this is a worthy project, a benefit to the community, and they would like to see the project move forward. MOTION: By Commissioner Donovan and seconded by Commissioner Zirk recommending that the Planning Commission adopt PC Resolution 2017-A, recommending the City Council approve an Addendum to Certified Mitigated Negative Declaration No. 2015- 0001; and, MOTION: By Commissioner Donovan and seconded by Commissioner Zirk recommending the Planning Commission adopt PC Resolution 2017-B, recommending the City Council approve Zone Text Amendments to an adopted Planned Development Overlay Zone (PD-24) (ZCH 2017-0187; and, MOTION: By Commissioner Donovan and seconded by Commissioner Zirk recommending the Planning Commission adopt PC Resolution 2017-C, recommending the City Council approve amendments to Conditional Use 4 PC Draft Minutes of 12/5/17 Page 5 of 5 Permit 2003-0117 (Master Plan of Development), based on findings and subject to Conditions of Approval and Mitigation Monitoring and to add an Amendment to remove Condition 19 (on page 76 of the Staff Report) and restate it to read, “The Project will comply with the Inclusionary Housing Policy or Ordinance in place at the time of Final Map Recordation.” MOTION: By Commissioner Donovan and seconded by Commissioner Zirk recommending the Planning Commission adopt PC Resolution 2017-D, recommending the City Council approve a 2017 Vesting Tentative Subdivision Map (Tract 3070, TTM 2014- 0107/2017), based on findings and subject to Conditions of Approval and Mitigation Monitoring. Motion passed 5:0 by a roll-call vote. COMMISSIONER COMMENTS AND REPORTS None DIRECTOR’S REPORT This was covered earlier on the Agenda. ADJOURNMENT – 8:02 p.m. The next Regular meeting of the Planning Commission is scheduled for December 19, 2017, at 6:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARED BY: ____________________________ Annette Manier, Recording Secretary Administrative Assistant 5 ITEM 2 | 1/16/2018 Zoning Text Amendments PLN 2015-1571 / City of Atascadero Atascadero Planning Commission Staff Report - Community Development Department Phil Dunsmore, Community Development Director, 470-3488, pdunsmore@atascadero.org Kelly Gleason, Senior Planner, 470-3446, kgleason@atascadero.org Title 9 Planning and Zoning Text Amendments Downtown Office and Residential PLN 2015-1571 / ZCH 2015-0177 (City of Atascadero) SUBJECT: This action consists of proposed Zoning Ordinance text amendments to Title 9, Zoning Regulations of the City of Atascadero, related to ground floor uses within portions of the Downtown Commercial zoning district and setback standards for West Mall. RECOMMENDATION: Staff recommends that the Planning Commission adopt Resolution PC 2018-A, recommending the City Council introduce an Ordinance for first reading, by title only, to approve PLN 2015-1571, to require a Conditional Use Permit for new office and health care uses located on the ground floor within key locations within the Downtown Commercial Zoning District and to modify the setback standards for West Mall, based on findings. DISCUSSION: Background: The City adopted the Downtown Revitalization Plan (DRP) in 2000 in order to outline goals, objectives and programs aimed at supporting the economic vitality and redevelopment of the downtown area. The plan is designed to implement the City’s General Plan with a goal of coordinating public and private investment to help realize the vision of an enhanced and economically viable downtown. The Plan envisioned a downtown with a land use pattern predominated by “multi-story mixed uses with retail uses on the ground floor and residential and office above ”. The plan suggests utilizing incentives to relocate medical office uses outside of the Downtown. When the DRP was originally adopted in July of 2000, changes were implemented to the Zoning Code to prohibit offices on the ground floor in the downtown commercial zone. Less than two years 6 ITEM 2 | 1/16/2018 Zoning Text Amendments PLN 2015-1571 / City of Atascadero later, on April 23, 2002, the Atascadero Main Street organization requested an amendment of the Downtown Commercial Zoning District to accommodate offices and other non-retail uses interested in occupying ground floor storefront locations as a way to address vacanc ies in the Downtown. At that time, the Carlton Hotel was under construction, and many surrounding storefronts were vacant. The City Council ultimately approved this amendment allowing offices and health care services on the ground floor in June of 2003. Almost 15 years later, the area around Sunken Gardens is predominantly surrounded by office uses and a new medical office building is nearing completion . However, the City has a number of public and private projects in the works that will invigorate and st rengthen the vision of Downtown as a social, economic, and entertainment destination, such as the following:  Newly opened pedestrian bridge linking Sunken Gardens and the Downtown to Colony Square and pedestrian plaza along the creek along with plazas, a creek trail and over 100 parking spaces.  New development proposal for Colony Square to include new retail, restaurant, and a boutique hotel.  Approved La Plaza mixed-use development with 40 residential units and multiple ground floor commercial uses.  El Camino traffic calming and streetscape plan (consultant currently preparing traffic analysis).  El Camino corridor study-Cal Trans Grant (RFP is being released).  Farmer’s Market is back in Downtown.  New owner is pursuing purchase and re-use of the former City Hall (Creekside building).  The restoration of City Hall has resulted in new activity around the Sunken Gardens Park.  New coffee shops, restaurants and breweries are becoming established in downtown .  The seven storefronts along Traffic Way are in escrow with a new owner. These efforts are helping to stimulate the visions that were adopted in the DRP. However, there are currently no zoning provisions that appropriately guide the location, parking needs, and development standards for new office and health care uses that choose to locate on the ground floor within key pedestrian locations. Additionally, residential uses are an allowed use on the ground floor in the Downtown Commercial zone north of Olmeda. Now is the time to look to the desired future of our downtown, especially the area surrounding the park and other key locations such as Entrada and Traffic Way to take steps towards a gradual transition to more pedestrian-oriented uses, such as retail and restaurant uses, while encouraging residential and office uses in new buildings to be above the ground floor. A logical code revision would prioritize land uses that are consistent with the General Plan and Downtown Revitalization Plan, such as restaurants, retail, and entertainment uses, while requiring new health care services, and similar office uses on the ground floor to acquire a Conditional Use Permit while providing adequate parking. Previous Review and Outreach On November 10, 2015, staff brought this proposal to the City Council to determine if there was interest in pursuing the text amendment. On a unanimous vote, the City Council directed staff to explore the text amendment, and thereby authorized staff to begin the proces s. On February 2, 2016, this item was brought before Planning Commission for review and recommendation. At that time, the 7 ITEM 2 | 1/16/2018 Zoning Text Amendments PLN 2015-1571 / City of Atascadero staff recommendation was to prohibit new medical and other offices in the downtown. The Planning Commission referred the item back to staff to look into alternatives and to do additional outreach to local businesses and the community. Staff has included the following groups in targeted outreach efforts since that time:  Chamber of Commerce  Atascadero Downtown Colony District  Canvassing of all Downtown businesses  Meeting with individual business owners and interested persons. Since that time, the City Council has also directed staff to look at whether residential uses are appropriate on the ground floor North of Olmeda Ave. on properties such as the Armory and Printery property. In order to normalize the allowance of land uses within the downtown, and to promote the economic growth of the Downtown area, the exception that allows residential units on the ground floor should be eliminated to provide consistency throughout the Downtown. Analysis: Consistency with Adopted Plans: The proposed Zone Text Amendment proposes to remove incentives and require discretionary review (Conditional Use Permit) for uses that may not support the long term vision of development within the City’s Downtown core, such as ground floor office and health care services . This approach is softer than the previous concept of prohibiting ground floor uses ; however, still implements the City’s General Plan and Downtown Revitalization Plan. Applicable General Plan Policies:  “To encourage pedestrian orientation, businesses are encouraged to occupy small lots with sidewalk storefronts, and residences are allowed on upper floors.”  “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.”  “Development within the Downtown will be consistent with the Downtown Revitalization Plan...”  “Land Use type desired in the Downtown is multi-story mixed-use with retail commercial uses occupying the ground floor with residential, office and visitor accommodations above.” The Downtown Revitalization Plan goals: • Economic vitality and redevelopment of the downtown . • Multi-story mixed uses with retail uses on the ground floor and residential and office above. 8 ITEM 2 | 1/16/2018 Zoning Text Amendments PLN 2015-1571 / City of Atascadero • Develop incentives to “Transition … downtown medical offices” to more appropriate locations. • Designed to support Business and jobs in the downtown- Office uses can be great in the downtown in appropriate locations! The Zoning Toolbox There are a number of strategies the City can implement to achieve the vision for Downtown. Desired uses can be incentivized through reduction or elimination in parking standards , reduction of setbacks, reduced or no entitlement process, and/or streamlined permit review. Currently, all “Allowed” land uses within the Downtown on the northwest side of Atascadero Creek are considered incentivized uses since no parking is required and no discretionary review is required. The scale below illustrates the full array of discretion typically utilized in the zoning process. Existing Zoning Standards: The Zoning Ordinance currently allows the following uses on the ground floor throughout the Downtown Commercial zoning district. These uses are also exempt from parking requirements:  Offices  Health Care Services (doctors, dentists, etc.)  Business Support Services (copy, mail, etc.)  Restaurants, food services, bars, tasting rooms, micro-breweries, etc.  Personal Services (salon, barber, etc.)  Retail  Entertainment What the code revision will do: The revision will reclassify new office and health care uses on the ground floor in specific locations in the Downtown Commercial Zone as “Conditionally allowed Uses” requiring a Planning Commission use permit and specific findings to be made . The amendment will also remove the parking exemption from new office and health care uses that locate on the ground floor. The Conditional Use Permit process can achieve the following:  Help to guide appropriate land uses.  Require specific findings to be made to consider approval. Prohibited Use Incentivized Use Allowed Use Conditionally Allowed Use 9 ITEM 2 | 1/16/2018 Zoning Text Amendments PLN 2015-1571 / City of Atascadero  Require conditions such as appearance enhancements, window displays, etc.  Can be denied if findings cannot be met on a case by case basis. Where the Use Permit would be required for ground floor uses: East Mall, West Mall, and Traffic Way west of Palma and on El Camino Real north of Atascadero Creek as illustrated on the map below. All other locations in the Downtown Commercial zone would allow ground floor office uses without a use permit, however , parking would still be required for new or expanded office uses. Findings for new office and health care services on the Ground Floor 1. The location and setting of the existing building is not ideal for pedestrian uses such as restaurants, retail or related uses. 2. The existing building and site improvements are designed exclusively for office uses and could not accommodate other uses. 3. The proposed new office use will be a significant contribution to economic development by providing new jobs, pedestrian traffic, and active uses in the downtown. Use Permit Zone Ground Floor Office 10 ITEM 2 | 1/16/2018 Zoning Text Amendments PLN 2015-1571 / City of Atascadero 4. The proposed new office will meet parking, accessibility, and property development standards and will not result in new surface parking adjacent to Atascadero Creek, East Mall or West Mall. 5. The proposed new office building will provide a storefront and other architectural features that complement the pedestrian scale and retail environment desired within the downtown . Effect on existing office uses: Existing office uses on the ground floor would be allowed to remain as conforming land uses and would not be affected. Office and Health Care uses on the ground floor that do not provide on -site parking would need to supply parking improvements in order to expand . City’s existing policy on non-conforming uses: In accordance with the Municipal Code (AMC 9-7.103), non-conforming uses are allowed to remain indefinitely but may not be expanded, reconstructed, or significantly remodeled. New office uses can be established where a prior office u se existed unless the prior office use has been discontinued for 6-months or more. As an option, the City may wish to adjust the City’s non -conforming policy for ground floor office uses that are non-conforming in the downtown. For example, conformance could be tied to a change in business or property ownership. West Mall Setback The Municipal Code currently requires a 20-foot setback along West Mall. This setback was meant to ensure that the parkway along West Mall would remain. However, upon examination of the recorded property boundaries, the right-of-way for West Mall includes the existing parkway area ; therefore, no setback is required. This has been a Director’s policy for a number of years and this proposed zoning code update will formally correct this issue. Proposed Environmental Determination The California Environmental Quality Act (CEQA) (Section 15061.(3), (b)) exempts activities which are covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The proposed text amendment will not have any significant adverse environmental impacts associated with this project application. CONCLUSION The proposed text amendments are consistent with the General Plan and are part of annual effort to align the zoning regulations with City policy while ensuring the City has an accurate and legible code . Each year, a series of zoning amendments will be explored in order to keep the Zoning Ordinance a “living document” that can be responsive to economic development and the latest changes to state and local policies. The time is right to begin guiding appropriate land uses for the City center, while keeping incentives in place for appropriate land uses. 11 ITEM 2 | 1/16/2018 Zoning Text Amendments PLN 2015-1571 / City of Atascadero ALTERNATIVES 1. The Commission may recommend modifications of the text amendments to the City Council. 2. The Commission may determine that more information is needed on some proposed revisions 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 recommend the City Council deny some or all of the proposed text amendments. The Commission should specify the reasons for denial of the project and recommend an associated finding with such action. ATTACHMENTS: Attachment 1: Proposed Zoning Regulation Amendments with Tracked Changes Attachment 2: Draft Resolution 2018-A T:\- 17 PLNS\PLN 2017-1650 ZCH\PLN 2017-1650_SR.PC.kb.docx 12 ITEM 2 | 1/16/2018 Zoning Text Amendments PLN 2015-1571 / City of Atascadero ATTACHMENT 1: Proposed Zoning Regulation Amendments with Tracked Changes PLN 2015-1571 / ZCH 2015-0177 Allowed Land Uses and Permit Requirements Non-Residential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Use Permitted Uses By Zones Special Use Regulation(s) CN CP CR CS CT CPK DC DO IP I Agricultural Resources Services-Business, Financial & Professional ATM A A A A A A A A A A Financial Services & Banks A A A A A A CUP A Government Offices & Facilities A A A A A A CUP 10 A A A Health Care Services A A A CUP A CUP 10 A Offices A A A A A A CUP 10 A Temporary Offices A A A 9-6.176 Notes: (These notes apply only to Table 3-2). 1 Residential uses allowed only on second and third floors, except sites north of Olmeda Avenue. If a project is required to provide a unit in compliance with the Americans with Disabilities Act, the handicapped accessible unit may be located on a first floor. A first floor unit shall be located in a non-storefront location within a tenant space. 2 Multi-family dwellings permitted when located on the second floor or above, or within an existing residential structure of historical significance. 3 Temporary events requiring more than 3 days for onsite setup and teardown require the approval of a conditional use permit (Section 9-2.110). 4 Outdoor commercial and industrial sales and storage developments (as defined by Section 9-9.102) of ten thousand (10,000) square feet or more require the approval of a conditional use permit (Section 9-2.110), even if such a development is listed as an allowable use in a particular zoning district. 5 Handcrafted and artisan food production shall be ancillary to the retail component. 6 Mobile Food vending permitted if use is located outside of right -of-way and located on private property 7 When no overnight stays of animals are included. 8 No outdoor storage permitted. 9 Permitted when in association with conforming and legal non -conforming residences. 10 Allowed above ground floor. Conditional Use Permit required on ground floor on East Mall, West Mall, and Traffic Way west of Palma and on El Camino Real north of Atascadero Creek subject to the following findings: 1. The location and setting of the existing building is not ideal for pedestrian uses such as restaurants, retail or related uses. 2. The existing building and site improvements are designed exclusively for office uses and could not accommodate other uses. 3. The proposed new office use will be a significant contribution to economic development by providing new jobs, pedestrian traffic, and active u ses in the downtown 13 ITEM 2 | 1/16/2018 Zoning Text Amendments PLN 2015-1571 / City of Atascadero Allowed Land Uses and Permit Requirements Non-Residential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Use Permitted Uses By Zones Special Use Regulation(s) CN CP CR CS CT CPK DC DO IP I 4. The proposed new office will meet parking, accessibility, and property development standards and will not result in new surface parking adjacent to Atascadero Creek, East Mall or West Mall. 5. The proposed new office building will provide a storefront and other architectural features that complement the pedestrian scale and retail environment desired within the downtown. Zoning District Abbreviations CN – Commercial Neighborhood; CP – Commercial Professional; CR – Commercial Retail; CS – Commercial Service; CT – Commercial Tourist; CPK – Commercial Park; DC – Downtown Commercial; DO – Downtown Office; IP – Industrial Park ; I – Industrial 14 ITEM 2 | 1/16/2018 Zoning Text Amendments PLN 2015-1571 / City of Atascadero 9-3.347 DC/DO Zone. The following are property development standards for both the DC and DO zoning districts, in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this title. Development Feature Requirement by Zoning District DC DO Downtown Commercial 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 insets designed to accommodate outdoor eating and seating areas, and except for East and West Mall between El Camino Real and Palma Avenue, where a minimum of 20 feet is required. As required by Section 9-4.106 when adjacent to a residential zone, none required otherwise. Sides (each) None required, except for East between El Camino Real and Palma Avenue, where a minimum of 20 feet is required. Rear None required Creek To be determined through Design Review Height limit 45 feet not to exceed 3 stories; 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. 35 feet Landscaping As required by Section 9-4.124 et seq. (Landscaping, screening and fencing) Off-street parking None required, except as required by Section 9-4.114 for hotels, motels, residential uses, offices, government offices and facilities, and health care services, and for all development east of Atascadero Creek. As required by Sections 9- 4.114 et seq. Signs See Chapter 9-15Section 9-15.005(b) Density 20 dwelling units/acre maximum 20 dwelling units/acre maximum 15 ITEM 2 | 1/16/2018 Zoning Text Amendments PLN 2015-1571 / City of Atascadero ATTACHMENT 2: Draft Resolution PC 2018-A PLN 2015-1571 / ZCH 2015-0177 DRAFT RESOLUTION PC 2018-A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THE CITY COUNCIL AMEND THE ATASCADERO MUNICIPAL CODE BY APPROVING PLN 2015-1571 / ZCH 2015-0177 TITLE 9 ZONING ORDINANCE CODE TEXT AMENDMENTS City of Atascadero WHEREAS, an application has been received from the City of Atascadero (6500 Palma Ave., Atascadero, CA 93422), to consider Zone Change Text Amendments to Title 9; and WHEREAS, a Notice of Exemption was 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 has determined that it is in the best interest of the City to enact these amendments to Title 9 Planning and Zoning of the Municipal Code for consistency with the General Plan and to maintain a clear and legible set of Zoning Regulations that is easily interpreted by the public and staff; and, WHEREAS, 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 Planning and Zoning Text 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 Planning and Zoning Text Amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on January 16, 2018, studied and considered PLN 2015-1571; and, NOW THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: 16 ITEM 2 | 1/16/2018 Zoning Text Amendments PLN 2015-1571 / City of Atascadero SECTION 1. Findings for Approval of a Zone Text Change. The Planning Commission finds as follows: 1. The Planning and Zoning Text Change is consistent with General Plan policies and all other applicable ordinances and policies of the City. 2. This Amendment of the Zoning Ordinance will provide for the orderly and efficient use of lands where such development standards are applicable. 3. The Text 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 January 16, 2018, resolved to recommend that the City Council introduce for first reading by title only, an Ordinance that would amend the City Planning and Zoning Code Tex t with the following: EXHIBIT A: Categorical Exemption EXHIBIT B: Zone Text Change – Title 9 Zoning Ordinance 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: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Duane Anderson Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary 17 ITEM 2 | 1/16/2018 Zoning Text Amendments PLN 2015-1571 / City of Atascadero EXHIBIT A: CEQA Exemption PLN 2015-1571 / ZCH 2015-0177 Title 9 Zoning Ordinance Text Amendments 18 ITEM 2 | 1/16/2018 Zoning Text Amendments PLN 2015-1571 / City of Atascadero EXHIBIT B: Zone Text Change – Title 9 Zoning Ordinance PLN 2015-1571 / ZCH 2015-0177 Allowed Land Uses and Permit Requirements Non-Residential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Use Permitted Uses By Zones Special Use Regulation(s) CN CP CR CS CT CPK DC DO IP I Agricultural Resources Services-Business, Financial & Professional ATM A A A A A A A A A A Financial Services & Banks A A A A A A CUP A Government Offices & Facilities A A A A A A CUP 10 A A A Health Care Services A A A CUP A CUP 10 A Offices A A A A A A CUP 10 A Temporary Offices A A A 9-6.176 Notes: (These notes apply only to Table 3-2). 1 Residential uses allowed only on second and third floors . If a project is required to provide a unit in compliance with the Americans with Disabilities Act, the handicapped accessible unit may be located on a first floor. A first floor unit shall be located in a non-storefront location within a tenant space. 2 Multi-family dwellings permitted when located on the second floor or above, or within an existing residential structure of historical significance. 3 Temporary events requiring more than 3 days for onsite setup and teardown require the approval of a conditional use permit (Section 9-2.110). 4 Outdoor commercial and industrial sales and storage developments (as defined by Section 9-9.102) of ten thousand (10,000) square feet or more require the approval of a conditional use permit (Section 9-2.110), even if such a development is listed as an allowable use in a particular zoning district. 5 Handcrafted and artisan food production shall be ancillary to the retail component. 6 Mobile Food vending permitted if use is located outside of right -of-way and located on private property 7 When no overnight stays of animals are included. 8 No outdoor storage permitted. 9 Permitted when in association with conforming and legal non -conforming residences. 10 Allowed above ground floor. Conditional Use Permit required on ground floor on East Mall, West Mall, and Traffic Way west of Palma and on El Camino Real north of Atascadero Creek subject to the following findings: 1. The location and setting of the existing building is not ideal for pedestrian uses such as restaurant s, retail or related uses. 2. The existing building and site improvements are designed exclusively for office uses and could not accommodate other uses. 3. The proposed new office use will be a significant contribution to economic development by providing new jobs, pedestrian traffic, and active uses in the downtown 4. The proposed new office will meet parking, accessibility, and property development standards and will not result in new parking along Atascadero Creek, East Mall or West Mall. Zoning District CN – Commercial Neighborhood; CP – Commercial Professional; CR – Commercial Retail; CS – Commercial 19 ITEM 2 | 1/16/2018 Zoning Text Amendments PLN 2015-1571 / City of Atascadero Allowed Land Uses and Permit Requirements Non-Residential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Use Permitted Uses By Zones Special Use Regulation(s) CN CP CR CS CT CPK DC DO IP I Abbreviations Service; CT – Commercial Tourist; CPK – Commercial Park; DC – Downtown Commercial; DO – Downtown Office; IP – Industrial Park ; I – Industrial 20 ITEM 2 | 1/16/2018 Zoning Text Amendments PLN 2015-1571 / City of Atascadero 9-3.347 DC/DO Zone. The following are property development standards for both the DC and DO zoning districts, in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this title. Development Feature Requirement by Zoning District DC DO Downtown Commercial 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 insets designed to accommodate outdoor eating and seating areas, and except for East between El Camino Real and Palma Avenue, where a minimum of 20 feet is required. As required by Section 9- 4.106 when adjacent to a residential zone, none required otherwise. Sides (each) None required, except for East between El Camino Real and Palma Avenue, where a minimum of 20 feet is required. Rear None required Creek To be determined through Design Review Height limit 45 feet not to exceed 3 stories; 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. 35 feet Landscaping As required by Section 9-4.124 et seq. (Landscaping, screening and fencing) Off-street parking None required, except as required by Section 9-4.114 for hotels, motels, residential uses, offices, government offices and facilities, and health care services, and for all development east of Atascadero Creek. As required by Sections 9- 4.114 et seq. Signs See Chapter 9-15 Density 20 dwelling units/acre maximum 20 dwelling units/acre maximum \\cityhall\cdvlpmnt\- 15 plns\pln 2015-1571 dt 1st floor office limits\2017 staff reports\pln 2015-1751_sr.pc.kg.docx 21