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HomeMy WebLinkAboutCC_2018_02_13_AgendaPacket CITY OF ATASCADERO CITY COUNCIL AGENDA Tuesday, February 13, 2018 City Hall Council Chambers, 4th floor 6500 Palma Avenue, Atascadero, California (Entrance on Lewis Ave.) REGULAR SESSION – CALL TO ORDER: 6:00 P.M. PLEDGE OF ALLEGIANCE: Council Member Moreno ROLL CALL: Mayor O’Malley Mayor Pro Tem Fonzi Council Member Bourbeau Council Member Moreno Council Member Sturtevant APPROVAL OF AGENDA: Roll Call Recommendation: Council: 1. Approve this agenda; and 2. Waive the reading in full of all ordinances appearing on this agenda, and the ti tles of the ordinances will be read aloud by the City Clerk at the first reading, after the motion and before the City Council votes. PRESENTATIONS: None. A. 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 Council or public wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the consent calendar and will be considered in the listed sequence with an opportunity for any member of the public to address the Council concerning the item before action is taken.) City Council Regular Session: 6:00 P.M. Page 1 of 43 1. City Council Draft Action Minutes – January 23, 2018  Recommendation: Council approve the City Council Draft Action Minutes of the January 23, 2018, City Council meeting. [City Clerk] 2. December 2017 Investment Report  Fiscal Impact: None.  Recommendation: Council receive and file the City Treasurer’s report for quarter ending December 2017. [Administrative Services] UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on any current issues of concern to the City Council.) COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to three minutes. Please state your name for the record before making your presentation. Comments made during Community Forum will not be a subject of discussion. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Council. Any members of the public who have questions or need information may contact the City Clerk’s Office, between the hours of 8:30 a.m. and 5:00 p.m. at 470-3400, or cityclerk@atascadero.org.) B. PUBLIC HEARINGS: 1. Title 9 Planning and Zoning Text Amendments - Downtown Office and Residential (PLN 2015-1571 / ZCH 2015-0177)  Fiscal Impact: None.  Recommendation: Council Introduce for first reading, by title only, the Draft Ordinance amending the Atascadero Municipal Code, Title 9 Zoning Ordinance, Section 9-3.330 requiring a Conditional Use Permit for office uses on the ground floor and prohibiting ground floor residential uses within the Downtown Zoning District; Section 9-3.347 removing a 20 foot setback requirement from West Mall; and Section 9-7.110 allowing an office use to be re-established following involuntary destruction. [Community Development] C. MANAGEMENT REPORTS: None. COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Council may take action on items listed on the Agenda.) Page 2 of 43 D. COMMITTEE REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary): Mayor O’Malley 1. City / Schools Committee 2. County Mayors Round Table 3. SLO Council of Governments (SLOCOG) 4. SLO Regional Transit Authority (RTA) 5. Integrated Waste Management Authority (IWMA) 6. Ad Hoc Animal Shelter Committee Mayor Pro Tem Fonzi 1. Air Pollution Control District 2. Oversight Board for Successor Agency to the Community Redevelopment Agency of Atascadero 3. SLO Local Agency Formation Commission (LAFCo) 4. City of Atascadero Design Review Committee 5. Atascadero Basin Ground Water Sustainability Agency (GSA) 6. Ad Hoc Animal Shelter Committee Council Member Bourbeau 1. City of Atascadero Design Review Committee 2. Homeless Services Oversight Council 3. City of Atascadero Finance Committee 4. SLO County Water Resources Advisory Committee (WRAC) Council Member Moreno 1. California Joint Powers Insurance Authority (CJPIA) Board 2. City of Atascadero Finance Committee (Chair) 3. Economic Vitality Corporation, Board of Directors (EVC) Council Member Sturtevant 1. City / Schools Committee 2. League of California Cities – Council Liaison E. INDIVIDUAL DETERMINATION AND / OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager F. ADJOURN Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, 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 City Council at or prior to this public hearing. Correspondence submitted at this public hearing will be distributed to the Council and available for review in the City Clerk's office. Page 3 of 43 I, Amanda Muther, Deputy City Clerk of the City of Atascadero, declare under penalty of perjury that the foregoing agenda for the February 13, 2018 Regular Session of the Atascadero City Council was posted on February 6, 2018, at the Atascadero City Hall, 6500 Palma Avenue, Atascadero, CA 93422 and was available for public review at that location. Signed this 6th day of February 2018, at Atascadero, California. Amanda Muther, Deputy City Clerk City of Atascadero Page 4 of 43 City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING The City Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p.m. Council meetings will be held at the City Hall Council Chambers, 6500 Palma Avenue, Atascadero. Matters are considered by the Council in the order of the printed Agenda. Regular Council meetings are televised live, audio recorded and videotaped for future playback. Charter Communication customers may view the meetings on Charter Cable Channel 20 or via the City’s website at www.atascadero.org. Meetings are also broadcast on radio station KPRL AM 1230. Contact the City Clerk for more information (470-3400). 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 City Clerk 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. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the City Council. The minutes of this meeting will reflect these numbers. All documents submitted by the public during Council 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 City Clerk's office. 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, “COMMUNITY FORUM”, the Mayor will call for anyone from the audience having business with the Council 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 Mayor and Council. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present This is the time items not on the Agenda may be brought to the Council’s attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Council). If you wish to use a computer presentation to support your comments, you must notify the City Clerk's office at least 24 hours prior to the meeting. Digital presentations must be brought to the meeting on a USB drive or CD. You are required to submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk before the meeting begins to announce your presence and turn in the printed copy. 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 Mayor will identify the subject, staff will give their report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and will request anyone interested to address the Council 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 Mayor 2. Give your name (not required) 3. Make your statement 4. All comments should be made to the Mayor and Council 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 The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. Page 5 of 43 ITEM NUMBER: A-1 DATE: 02/13/18 Atascadero City Council January 23, 2018 Page 1 of 7 CITY OF ATASCADERO CITY COUNCIL DRAFT MINUTES Tuesday, January 23, 2018 City Hall Council Chambers, 4th floor 6500 Palma Avenue, Atascadero, California (Entrance on Lewis Ave.) CITY COUNCIL CLOSED SESSION: 5:00 P.M. Mayor O’Malley announced at 5:01 p.m. that the Council is going into Closed Session. 1. CLOSED SESSION -- PUBLIC COMMENT - None 2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION 3. CLOSED SESSION -- CALL TO ORDER a. Public Employee Performance Evaluation (Govt. Code 54957) Title: City Manager 4. CLOSED SESSION – ADJOURNMENT 5. COUNCIL RETURNS TO CHAMBERS City Council Closed Session: 5:00 P.M. City Council Regular Session: 6:00 P.M. Public Financing Authority: Immediately following conclusion of the City Council Regular Session Page 6 of 43 ITEM NUMBER: A-1 DATE: 02/13/18 Atascadero City Council January 23, 2018 Page 2 of 7 6. CLOSED SESSION – REPORT The Mayor reported that there was no reportable action. REGULAR SESSION – CALL TO ORDER: 6:00 P.M. Mayor O’Malley called the meeting to order at 6:00 p.m. and Council Member Bourbeau led the Pledge of Allegiance. Mayor O’Malley requested a moment of silence in remembrance of sisters Brynn and Brittni Frace who passed away last week. ROLL CALL: Present: Council Members Bourbeau, Moreno, Sturtevant, Mayor Pro Tem Fonzi, and Mayor O’Malley Absent: None Also Present: City Treasurer Gere Sibbach Staff Present: City Manager Rachelle Rickard, Administrative Services Director Jeri Rangel, Community Development Director Phil Dunsmore, Public Works Director Nick DeBar, Police Chief Jerel Haley, Fire Chief Casey Bryson, City Attorney Brian Pierik, Deputy City Manager/City Clerk Lara Christensen, and Deputy City Manager Terrie Banish Mayor O’Malley announced that Item B1 would be open for public comment but that the applicant has requested changes to the project and there would be no report or presentation of the item. He noted that should this item return to Council at a later date, it would be re-noticed, as appropriate, prior to coming before Council. APPROVAL OF AGENDA: MOTION: By Council Member Sturtevant and seconded by Mayor Pro Tem Fonzi to: 1. Approve this agenda; and, 2. Waive the reading in full of all ordinances appearing on this agenda, and the titles of the ordinances will be read aloud by the City Clerk at the first reading, after the motion and before the City Council votes. Motion passed 5:0 by a roll-call vote. Page 7 of 43 ITEM NUMBER: A-1 DATE: 02/13/18 Atascadero City Council January 23, 2018 Page 3 of 7 PRESENTATIONS: 1. Employee Recognition City Manager Rickard presented the following employees with Service Awards:  10 Years: Lynda Horejsi, Accounting Specialist  20 Years: Michele Schamber, Police Corporal/School Resource Officer Mayor O’Malley presented the following employee with a Service Award:  10 Years: Brian Pierik, City Attorney Mayor Pro Tem Fonzi presented the following employee with a Service Award:  15 Years: Tom O’Malley, Mayor/City Council Member A. CONSENT CALENDAR: 1. City Council Draft Action Minutes – January 9, 2018  Recommendation: Council approve the City Council Draft Action Minutes of the January 9, 2018, City Council meeting. [City Clerk] 2. December 2017 Accounts Payable and Payroll  Fiscal Impact: $2,539,574.04  Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for December 2017. [Administrative Services] MOTION: By Council Member Moreno and seconded by Council Member Sturtevant to approve the Consent Calendar. Motion passed 5:0 by a roll-call vote. UPDATES FROM THE CITY MANAGER: City Manager Rachelle Rickard gave an update on projects and issues within the City. COMMUNITY FORUM: The following citizens spoke during Community Forum: Jay DeCou; Daniel Beck; Alejandra Barreja, Courtney Basden (Exhibit A); and Kevin Campion Mayor O’Malley closed the COMMUNITY FORUM period. Page 8 of 43 ITEM NUMBER: A-1 DATE: 02/13/18 Atascadero City Council January 23, 2018 Page 4 of 7 B. PUBLIC HEARINGS: 1. La Plaza Development Road Closure and Tentative Map  Fiscal Impact: The proposed actions will help facilitate the development and success of the downtown core and the La Plaza Mixed -Use Project will result in a positive economic impact for all business sectors within the downtown. The removal of the right-of-way from City maintenance will slightly reduce the inventory of road right-of-way which in turn will reduce long term maintenance costs.  Recommendation: Council adopt Draft Resolution approving a tentative subdivision map and establishing a road closure of Atascadero Mall and the road abandonment of portions of Atascadero Mall and El Camino Real to allow the development of a public plaza and facilitate the development of the La Plaza Mixed-Use Project. [Community Development] Mayor O’Malley reminded the public that due to changes proposed by the applicant, there would not be a report or presentation on this item. He noted that the item will be re-noticed prior to returning to the Council for discussion. Mayor O’Malley opened the public hearing. The following individuals spoke: None Hearing no requests to speak, Mayor O’Malley closed the public hearing. C. MANAGEMENT REPORTS: 1. Approval of Draft Conceptual Plans and Procurement for Playground Replacements and Upgrades at Atascadero Lake Park  Fiscal Impact: Approval of this item will result in expenditures of approximately $280,000 in Housing Related Parks (HRP) grant monies.  Recommendations: Council: 1. Approve draft conceptual plans for replacement of youth playground structure, swing sets, and other upgrades including poured-in-place rubberized surfacing at Atascadero Lake Park. 2. Authorize the City Manager to execute a contract for $280,013.05 with Great Western Recreation to furnish and construct playground replacements and upgrades at Atascadero Lake Park. 3. Authorize the Director of Public Works to file a Notice of Completion with the County Recorder upon satisfactory completion of the project. [Public Works] Public Works Director DeBar gave the staff report and answered questions from the Council. He also introduced Tyler Kyriopoulous, of Great Western Recreation who also answered questions from the Council. Parks and Recreation Commissioner Newsom also spoke. Page 9 of 43 ITEM NUMBER: A-1 DATE: 02/13/18 Atascadero City Council January 23, 2018 Page 5 of 7 PUBLIC COMMENT: The following citizens spoke on this item: Susan Funk and Kevin Campion Mayor O’Malley closed the Public Comment period. MOTION: By Mayor Pro Tem Fonzi and seconded by Council Member Moreno to: 1. Approve draft conceptual plans for replacement of youth playground structure, swing sets, and other upgrades including poured-in-place rubberized surfacing at Atascadero Lake Park. 2. Authorize the City Manager to execute a contract for $280,013.05 with Great Western Recreation to furnish and construct playground replacements and upgrades at Atascadero Lake Park. 3. Authorize the Director of Public Works to file a Notice of Completion with the County Recorder upon satisfactory completion of the project. Motion passed 5:0 by a roll-call vote. (Contract No. 2018-001) 2. Fiscal Year 2016-2017 Audit  Fiscal Impact: None.  Recommendation: Council review and accept the financial audit for the period ended June 30, 2017.[Administrative Services] Administrative Services Director Rangel gave the staff report and answered questions from the Council. She also introduced Travis Hole, of Moss Levy and Hartzheim who also answered questions from the Council. PUBLIC COMMENT: The following citizens spoke on this item: None Mayor O’Malley closed the Public Comment period. MOTION: By Council Member Moreno and seconded by Council Member Bourbeau to review and accept the financial audit for the period ended June 30, 2017. Motion passed 5:0 by a roll-call vote. 3. City of Atascadero Marketing Update 2017-2018  Fiscal Impact: None.  Recommendations: Council receive and file Marketing Update 2017 -2018. [City Manager] Deputy City Manager Banish gave the staff report and answered questions from the Council. She provided handouts to the Council (Exhibit B). Members of Verdin Marketing Page 10 of 43 ITEM NUMBER: A-1 DATE: 02/13/18 Atascadero City Council January 23, 2018 Page 6 of 7 also gave a report and answered questions from the Council. Big Red Marketing also answered questions from the Council. Mayor O’Malley recessed the meeting at 8:48 p.m. Mayor O’Malley reconvened the meeting with all present at 8:57 p.m. PUBLIC COMMENT: The following citizens spoke on this item: None Mayor O’Malley closed the Public Comment period. MOTION: By Mayor O’Malley and seconded by Council Member Sturtevant to receive and file the marketing plan update. Motion passed 5:0 by a roll-call vote. COUNCIL ANNOUNCEMENTS AND REPORTS: The City Council Members made brief announcements. Mayor O’Malley noted that he and Council Member Sturtevant attended the League of California Cities New Mayors and Council Members Academy in Sacramento. D. COMMITTEE REPORTS: The following Council Members gave brief update reports on their committees since their last Council meeting: Mayor Pro Tem Fonzi 1. SLO Local Agency Formation Commission (LAFCo) Council Member Bourbeau 1. City of Atascadero Design Review Committee 2. Homeless Services Oversight Council Council Member Moreno 1. Economic Vitality Corporation, Board of Directors (EVC) Council Member Sturtevant 1. League of California Cities – Council Liaison E. INDIVIDUAL DETERMINATION AND / OR ACTION: None Page 11 of 43 ITEM NUMBER: A-1 DATE: 02/13/18 Atascadero City Council January 23, 2018 Page 7 of 7 F. ADJOURN TO MEETING OF THE PUBLIC FINANCING AUTHORITY Mayor O’Malley adjourned the meeting to the Public Financing Authority meeting at 9:20 p.m. MINUTES PREPARED BY: ______________________________________ Lara K. Christensen Deputy City Manager / City Clerk The following exhibits are available for review in the City Clerk’s office:  Exhibit A – Photos of Friday Nights Live Club activities  Exhibit B – Event calendars provided by Deputy City Manager Terrie Banish APPROVED: Page 12 of 43 ITEM NUMBER: A-2 DATE: 02/13/18 Page 13 of 43 December 2017 December 2017 Investment Report RECOMMENDATION: REPORT IN BRIEF: Cash and Investments Checking 3,485,705$ Zoo Credit Card Deposit Account 9,718 Money Market Accounts 40,688 Certificates of Deposit 12,196,853 Government Securities 13,346,956 Supranational Securities 489,170 LAIF 10,131,592 Cash with Fiscal Agents 2,282,418 Cash in Banks at December 31, 2017 41,983,100$ Outstanding Checks (387,371) Cash and Investments at December 31, 2017 41,595,729$ Investment Activity Securities Purchased: Purchase Date Description Type Cost Maturity Date 09/14/17 Inter-American Development Bk CUSIP #4581X0CZ9 Supranational Security 489,170 09/14/22 Atascadero City Council Council receive and file the City Treasurer's report for quarter ending December 2017. Staff Report - City Treasurer Page 1 of 13 AMENDED COPY (Corrected Purchase Date) ITEM NUMBER: A-2 DATE: 02/13/18 Page 14 of 43 ITEM NUMBER: A-2 DATE: 02/13/18 Page 15 of 43 ITEM NUMBER: A-2DATE: 02/13/18Page 16 of 43 ITEM NUMBER: A-2DATE: 02/13/18Page 17 of 43 ITEM NUMBER: A-2DATE: 02/13/18Page 18 of 43 ITEM NUMBER: A-2DATE: 02/13/18Page 19 of 43 ITEM NUMBER: A-2DATE: 02/13/18Page 20 of 43 ITEM NUMBER: A-2DATE: 02/13/18Page 21 of 43 ITEM NUMBER: A-2 DATE: 02/13/18 Page 22 of 43 ITEM NUMBER: A-2 DATE: 02/13/18 Page 23 of 43 ITEM NUMBER: A-2 DATE: 02/13/18 Page 24 of 43 ITEM NUMBER: A-2 DATE: 02/13/18 Page 25 of 43 ITEM NUMBER: B-1 DATE: 02/13/18 Atascadero City Council Staff Report – Community Development Title 9 Planning and Zoning Text Amendments Downtown Office and Residential PLN 2015-1571 / ZCH 2015-0177 RECOMMENDATION: The Planning Commission recommends Council: Introduce for first reading, by title only, the Draft Ordinance amending the Atascadero Municipal Code, Title 9 Zoning Ordinance, Section 9-3.330 requiring a Conditional Use Permit for office uses on the ground floor and prohibiting ground floor residential uses within the Downtown Zoning District; Section 9 -3.347 removing a 20 foot setback requirement from West Mall; and Section 9-7.110 allowing an office use to be re-established following involuntary destruction. 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 DRP 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 DRP suggests utilizing incentives to encourage the relocation of medical office uses outside of the Downtown Commercial Zoning District. 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 Zoning District. Less than two years 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 vacancies in the Downtown. At that time, the Carlton Hotel was under construction, and many surrounding storefronts were vacant. The City Council ultimately approved an amendment to the Zoning Code in June of 2003, allowing offices and health care services on the ground floor. Almost 15 years Page 26 of 43 ITEM NUMBER: B-1 DATE: 02/13/18 later, the area around Sunken Gardens is predominantly surrounded by office uses and a new medical office building is nearing completion, completing a “medical office plaza” around the park. Downtown Revitalization is one of the Council’s three stated priorities for 2017 -2019. An action plan was developed to focus resources on revitalizing the downtown, bringing the community vision for an active and vibrant downtown to life. With th e focus on and plan for Downtown Revitalization, a number of public and private projects are the works that will invigorate and strengthen the vision of Downtown as a social, economic, and entertainment destination, such as the following:  Newly opened Centennial Bridge and Plaza linking Sunken Gardens and the Downtown to Colony Square. This project includes a pedestrian bridge, pedestrian plaza, trail running alongside the creek from Lewis Avenue to El Camino Real and over 100 parking spaces across from City Hall.  New development proposal for Colony Square to include new retail, restaurant, and a boutique hotel.  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 has been released).  Farmer’s Market, every Wednesday, in the Sunken Gardens.  New owner is purchasing and acquiring tenants for the former City Hall (Creekside building).  The restoration of City Hall has resulted in new activity around the Sunken Gardens.  New coffee shops, restaurants and breweries are being established in the downtown area.  Seven storefronts along Traffic Way are under new ownership. These efforts are helping to stimulate the visions that were adopted in the DRP. However, the action plan recognized that there are currently no zoning provisions that appropriately guide the location, parking needs, and development standards for n ew 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 Avenue. The strategic plan adopted by the Council called for making specific changes to our downtown zoning codes to encourage the adaptive re-use of non-conforming land uses. Now is the time to look to the desired future of the Downtown, especially the area surrounding Sunken Gardens and other key locations such as Entrada and Traffic Way. This will afford the City an opportunity to take steps towards a gradual transition with more pedestrian- oriented uses such as retail and restaurant, while encouraging residential and office uses above the ground floor. A logical code revision would prioritize land uses that are consistent with the General Plan and DRP, 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 and provide adequate parking. Page 27 of 43 ITEM NUMBER: B-1 DATE: 02/13/18 Previous Review and Outreach: On November 10, 2015, staff brought a proposal for a zoning code revision to the City Council to determine if there was interest in pursuing a text amendment to the Zoning Code regarding the Downtown Commercial Zone . There was Council consensus to direct staff to explore the text amendment, thereby authorizing staff to begin the process. On February 2, 2016, the item was brought before Planning Commission for review and recommendation. At that time, staff’s 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 Avenue 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 Planning Commission is recommending the deletion of an exception that allows residential units on the ground floor North of Olmeda Avenue. Lastly, as a clean-up item, the proposed amendment addresses a setback discrepancy that was written into the code for East Mall but was also incorrectly applied to West Mall. This discrepancy requires a 20-foot setback for West Mall when the right of way already extends 20 feet beyond the back of the sidewalk. Planning Commission Action: At a hearing on January 16, 2018, the Planning Commission voted 6-0 to recommend the City Council amend the Zoning Ordinance to shift office and health care uses on the ground floor to a conditionally allowed use. The Commission’s recommendation includes updates that would clarify the building setback on West Mall and remove the zoning language that allows for ground floor residential on the Printery and Armory properties north of Olmeda Avenue. Although Commissioner Zirk provided testimony on the item, he abstained from voting on the action. Based on comments from property owners around Sunken Gardens Park, Commissioners asked that language be added to the draft ordinance to allow an existing ground floor office to be reconstructed without having to obtain a Conditional Use Permit should an existing office be destroyed by a disaster such as fire or flood. Page 28 of 43 ITEM NUMBER: B-1 DATE: 02/13/18 Analysis: Consistency with Adopted Plans: The proposed Zone Text Amendment proposes to remove incentives and require discretionary review, in the form of a 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 offices and health care services. 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 Gardens 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.” 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 uses above.  Develop incentives to “Transition … downtown medical offices” to more appropriate locations.  Designed to support businesses and jobs in the Downtown - Office uses can be great in the Downtown in appropriate locations! 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 Page 29 of 43 ITEM NUMBER: B-1 DATE: 02/13/18 What the code revision will do: The revision would 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 would 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.  Require conditions such as appearance enhancements, window displays, etc.  Can be denied if findings cannot be met on a case by case basis. Conditional Use Permit required: The CUP would be required for ground floor uses on 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 Conditional Use Permit. However, parking would still be required for new or expanded office uses. Use Permit Zone Ground Floor Office Page 30 of 43 ITEM NUMBER: B-1 DATE: 02/13/18 New office and health care services on ground floor: The following are proposed findings for new office and health care services located on the ground floor in the area designated above: 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 signific ant 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 surface parking adj acent 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. Existing office uses on ground floor: Existing office uses on the ground floor would be allowed to remain 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 expa nd or relocate. Existing office uses would not be required to obtain a Conditional Use Permit or supply parking unless they decided to move to a new location within the applicable zone. Under the Commission’s recommendation, offices that are involuntarily destroyed by natural disaster should not be subject to obtaining a Conditional Use Permit. Staff has included proposed text amendments to the non-conforming zoning language to include this recommendation. City’s existing policy on non-conforming uses: In accordance with the Atascadero 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 use existed unless the prior office use has been discontinued for 6-months or more. 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 which is already 20 feet wide; therefore, a 20-foot setback would result in buildings having to locate 40 -feet from the back of the sidewalk. This has already been a Director’s policy for a number of years and this proposed zoning code update will formally correct this issue. Page 31 of 43 ITEM NUMBER: B-1 DATE: 02/13/18 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. Conclusion: The proposed text amendments are consistent with the General Plan and are part of an 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 Downtown, while keeping incentives in place for appropriate land uses. Although this initial zoning step is only a slight adjustment, additional amendments could be examined in the future as the City continues to monitor the progress of the Downtown. FISCAL IMPACT: None. Over time, the proposed zoning text amendments will encourage and strengthen pedestrian-oriented uses within the downtown core. A shift to more active uses will add to the synergy of the Downtown and will result in increased property values. ALTERNATIVES: 1. The City Council may wish to incorporate zoning amendments that will result in a more rapid transition of ground floor land uses in the Downtown. This could be accomplished by adjusting required findings, requiring a Conditional Use Permit upon change of ownership, or requiring alternative timing mechanisms. The Council may also wish to remove a proposed adjustment to the non-conforming regulations that would allow an office to be rebuilt on the ground f loor without a Conditional Use Permit. Alternatively, the Council may wish to choose a slower transition to the Downtown by allowing offices to remain beyond 6-months vacancy, or by allowing new offices without parking. 2. The City Council may determine that more information is needed on some proposed revisions and may refer the item back to staff to develop. The City Council should clearly state the type of information that is required and move to continue the item to a future date. 3. The Council may choose to postpone or deny action on some or all of the proposed text amendments. The Council should specify the reasons for denial of the project and recommend an associated finding with such action. ATTACHMENTS: 1. Proposed Zoning Regulation Amendments with Tracked Changes 2. Draft Ordinance Page 32 of 43 ITEM NUMBER: B-1 DATE: ATTACHMENT: 02/13/18 1 ATTACHMENT 1: Proposed Zoning Regulation Amendments with Tracked Changes PLN 2015-1571 / ZCH 2015-0177 (AMC 9-3.330) Table 4.1 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 traf fic, and active uses in the downtown Page 33 of 43 ITEM NUMBER: B-1 DATE: ATTACHMENT: 02/13/18 1 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 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 Mall between El Camino Real and Palma Avenue, where a minimum of 20 feet is required. Rear None required Page 34 of 43 ITEM NUMBER: B-1 DATE: ATTACHMENT: 02/13/18 1 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 on the ground floor, 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 9-7.110 Destroyed structures and signs. If a nonconforming structure, a structure that constitutes a nonconforming land use (Section 9- 7.106) or a nonconforming sign is destroyed or partially destroyed to the extent of seventy-five (75) percent or more of the replacement cost of the total structure before destruction by fire, explosion or act of God, the destroyed use, structure or sign may be replaced or reconstructed; provided, the use, structure or sign and the land on which it was located are in conformity, or are brought into conformity with all applicable requirements of this title. If a nonconforming use, structure or sign is partially destroyed to less than seventy-five (75) percent of the replacement cost of the total structure before destruction, it may be restored to its former nonconforming status, with the exception of the following: A. A ground floor health care or office use within the DC zoning district may be reconstructed within the same building footprint providing that the same use, business ownership and floor area of the business remain unchanged. Page 35 of 43 ITEM NUMBER: B-1 DATE: ATTACHMENT: 02/13/18 2 ATTACHMENT 2: Draft Ordinance PLN 2015-1571 / ZCH 2015-0177 DRAFT ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING THE ATASCADERO MUNICIPAL CODE, TITLE 9 ZONING ORDINANCE, SECTION 9-3.330 REQUIRING A CONDITIONAL USE PERMIT FOR OFFICE USES ON THE GROUND FLOOR AND PROHIBITING GROUND FLOOR RESIDENTIAL USES WITHIN THE DOWNTOWN ZONING DISTRICT; SECTION 9-3.347 REMOVING A 20 FOOT SETBACK REQUIREMENT FROM WEST MALL; AND SECTION 9-7.110 ALLOWING AN OFFICE USE TO BE RE-ESTABLISHED FOLLOWING INVOLUNTARY DESTRUCTION (PLN 2015-1571 / ZCH 2015-0177) 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 amend the Zoning Code Text to protect the health, safety and welfare of its citizens by applying orderly development and expanding housing opportunities within the City; and WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone 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 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 Zone Text Change 2015-0177 to amend certain zoning use and development standards within the Downtown Zoning District, and WHEREAS, the Planning Commission of the City of Atascadero has recommended approval of the proposed amendments to Title 9 of the Atascadero Municipal Code; 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 Page 36 of 43 ITEM NUMBER: B-1 DATE: ATTACHMENT: 02/13/18 2 WHEREAS, a timely and properly noticed Public Hearing upon the subject Zoning Text Change application was held by the City Council of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Zoning Text Amendments; and WHEREAS, the City Council of the City of Atascadero, at a Public Hearing held on February 13, 2018, studied the Planning Commission’s recommendation and considered the proposed zoning text amendments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. Findings for Approval of a Zone Text Change. The City Council finds as follows: 1. The 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. Environmental Review. A categorical exemption for the Zoning Regulations amendments has been prepared and adopted as shown in Exhibit A on file in the City Clerk’s Office and incorporated herein by reference. SECTION 3. Introduction. The City Council of the City of Atascadero, in a regular session assembled on February 13, 2018, resolved to introduce for first reading, by title only, an Ordinance that would amend the City Zoning Code Text as shown in Exhibit B, attached hereto and incorporated herein by this reference. SECTION 4. Approval. Atascadero Municipal Code Title 9 Zoning Regulations is amended as detailed in Exhibit B, attached hereto and incorporated herein by this reference. SECTION 5. A summary of this Ordinance, approved by the City Attorney, together with the ayes and noes, shall be published twice: at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before the expiration of fifteen (15) days after its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero. A copy of the full text of this Ordinance shall be on file in the City Clerk’s office on and after the date following introduction and passage and shall be available to any interested member of the public. Page 37 of 43 ITEM NUMBER: B-1 DATE: ATTACHMENT: 02/13/18 2 PASSED AND ADOPTED at a regular meeting of the City Council held on the ___day of __________, 2018. CITY OF ATASCADERO, CA ______________________________ Tom O’Malley, Mayor ATTEST: ______________________________ Lara K. Christensen, City Clerk APPROVED AS TO FORM: ______________________________ Brian A. Pierik, City Attorney Page 38 of 43 ITEM NUMBER: B-1 DATE: ATTACHMENT: 02/13/18 2 EXHIBIT A: CEQA Exemption PLN 2015-1571 / ZCH 2015-0177 Title 9 Zoning Ordinance Text Amendments Page 39 of 43 ITEM NUMBER: B-1 DATE: ATTACHMENT: 02/13/18 2 EXHIBIT B: Zone Text Change – Title 9 Zoning Ordinance PLN 2015-1571 / ZCH 2015-0177 9-3.330 Nonresidential district allowable land uses Table 4.1: Non-Residential Uses 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 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 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. 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. Page 40 of 43 ITEM NUMBER: B-1 DATE: ATTACHMENT: 02/13/18 2 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 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 Page 41 of 43 ITEM NUMBER: B-1 DATE: ATTACHMENT: 02/13/18 2 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 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 Mall 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 Page 42 of 43 ITEM NUMBER: B-1 DATE: ATTACHMENT: 02/13/18 2 9-7.110 Destroyed structures and signs. If a nonconforming structure, a structure that constitutes a nonconforming land use (Section 9- 7.106) or a nonconforming sign is destroyed or partially destroyed to the extent of seventy-five (75) percent or more of the replacement cost of the total structure before destruction by fire, explosion or act of God, the destroyed use, structure or sign may be replaced or reconstructed; provided, the use, structure or sign and the land on which it was located are in conformity, or are brought into conformity with all applicable requirements of this title. If a nonconforming use, structure or sign is partially destroyed to less than seventy-five (75) percent of the replacement cost of the total structure before destruction, it may be restored to its former nonconforming status, with the exception of the following: (a) A ground floor health care or office use within the DC zoning district may be reconstructed within the same building footprint providing that the same use, business ownership and floor area of the business remain unchanged. Page 43 of 43