HomeMy WebLinkAboutOrdinance 561 CERTIFICATION
I, Marcia McClure Torgerson, C.M.C., City Clerk of the City of Atascadero, hereby
certify that the foregoing is a true and correct copy of Ordinance No. 561, adopted by the
Atascadero City Council at a regular meeting thereof held on July 10, 2012, and that it has been
duly published pursuant to State Law.
Marcia McClure Torgerson,C.M.C.
City Clerk
City of Atascadero,California
ORDINANCE NO. 561
ZONING MAP AMENDMENT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AMENDING THE
ATASCADERO ZONING MAP DESIGNATIONS FOR THE
DEL RIO COMMERCIAL AREA SPECIFIC PLAN
(ZCH 2007-0141 AND ZCH 2007-0142)
DEL RIO COMMERCIAL AREA SPECIFIC PLAN
WALMART STORES INC. / THE ROTTMAN GROUP/
MONTECITO BANK AND TRUST
WHEREAS,an application has been received from:
Walmart Stores, Inc. (2001 S.E. 10th Street Bentonville, AR 72716-0550) Owner, and
EDA Design Professionals (1998 Santa Barbara St. Suite 200 San Luis Obispo, CA 93401)
Applicant, and;
The Rottman Group (P.O. Box 227 Santa Maria, CA 93456-0227) Owner, and Omni
Design Group(689 Tank Farm Road San Luis Obispo, CA 93453)Applicant, and.;
Montecito Bank and Trust (10 10 State Street, Santa Barbara, California 93 10 1) Owner,
and.Omni Design Group(689 Tank Farm Road San Luis Obispo, CA 93453)Applicant,
to consider Planning Applications PLN 2007-1245 and PLN 2007-1246, for a project
consisting of General Plan Amendments, Zone Text and Map Amendments, Specific Plan,
Vesting Tentative Parcel Maps, Tree Removal Permits and certification of an Environmental
Impact Report ("EIR") on a 39.3+ acre site located on El Camino Real and Del Rio Road,
Atascadero, CA 93422 (APN 049-1.12-002, 018, 019, 022, ,036, 039, 049-151-005, 036, 037,
040, 041, 049-102-020, 031, 032, 045, 048, 056 and 049-131-070); and,
WHEREAS, the site's current General Plan Land Use Designation is General
Commercial (GC), Commercial Park (CPK), Single-Family Residential (SFR-X), High-Density
Residential (HDR), Medium-Density Residential (MDR),and Suburban Estates (SE); and,
WHEREAS, the site's current Zoning Designation is Commercial Retail (CR),
Commercial Park (CPK), Residential Single-Family (RSF-X), Residential Multi Family (RMF-
20), Residential Multi Family(RMF-10), and Residential Suburban(RS); and,
WHEREAS, the Planning Commission has recommended that the City Council approve
a General Plan Land Use Diagram Amendment to change the Land Use Designation of lots
City of Atascadero
Ordinance No. 669
Page 2 of 8
within the project site to Commercial Retail (CR), High-Density Residential (HDR), and Single-
Family Residential.(SFR-X); and,
WHEREAS, the General Plan has designated the project site as an area requiring a
comprehensive master plan in order to minimize environmental impacts and maximize
community compatibility (General Plan Table 1I-5) and to promote orderly and harmonious
development and to enhance the opportunity to best utilize special site characteristics; and,
WHEREAS, the Planning Commission has recommended that the City Council approve
a Zoning Ordinance Text Change to establish zoning code text for Specific Plan Zone 2; and,
WHEREAS, a Zoning Map Amendment is proposed by the applicant to change the
zoning of lots with the project area to Commercial Retail (CR), Residential Single-Family (RSF-
X), and Residential Multi Family (RMF-20), with a Specific Plan, Zone 2 overlay on the entire
project site in order to correspond with the recommended General Plan Land Use Diagram
Amendment and Specific Plan Zone 2 Zoning Ordinance code text; and,
WHEREAS, a Final EIR, Finding of Fact and Statement of Overriding Considerations
have been prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act(CEQA); and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act(CEQA) have been adhered to; and,
WHEREAS, the Final EIR, Finding of Fact and Statement of Overriding Considerations
have been recommended by the Planning Commission for certification to the City Council; and,
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact this amendment to the Code Text to protect the health, safety and welfare of its
citizens by applying orderly development and expanding commercial opportunities within the
City; and,
WHEREAS, timely and properly noticed Public Hearings upon the subject Zoning Map
Amendment application was held by the Planning Commission and City Council of the City of
Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said
Zoning Map Amendments; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on June 5, 2012, studied and considered Zoning Map Amendment ZCH 2007-0141 and.
ZCH 2007-0142, after first studying and considering the Final EIR and Statement of Overriding
Considerations prepared for the project; and,
WHEREAS, the Planning Commission of the City of Atascadero has recommended the
City Council approve Zoning Map Amendment ZCH 2007-0141 and ZCH 2007-0142; and,
I
i
City of Atascadero
Ordinance No.664
Page 3 of 8
WHEREAS, the Atascadero City Council, at a Public Hearing held on June 26, 2012,
studied and considered Zoning Map Amendment ZCH 2007-01.41 and ZCH 2007-0142, after
first studying the Planning Commission recommendation and considering the Final EIR,
Findings of Fact and Statement of Overriding Considerations prepared for the project;and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Findings for Approval of an Amendment to the Official Zoning Map of
Atascadero changing the zoning of lots within the SP-2 Specific Plan District. The City Council
finds as follows:
1. The proposed zone change will be compatible with existing or desired
conditions in surrounding neighborhoods and surrounding General Plan
land uses and General Plan policies.
As described in General Plan Amendment Finding No. 5, the proposed Project
will be compatible with existing or desired conditions in surrounding
neighborhoods. The proposed Project would allow the development of a highly
desirable and vibrant community retail hub to North Atascadero. The Project will
serve the growing local demand for retail products and groceries in North
Atascadero, while at the same time revitalizing one of the City's larger and more
visible properties. Approval of the Project will. provide an aesthetic and
commercial boon to the immediate and surrounding areas.
As described in General Plan Amendment Finding No. 4, the proposed Project is
in conformance with the adopted General Plan Goals, Policies, and Programs and
the overall intent of the General Plan. Furthermore, it implements, and is
consistent with, the General Plan's Master Plan of Development Overlay Area
Number 5 and 6, which calls for two "master planned] commercial center"not to
exceed 300,000 square feet total.
The proposed Project is in conformance with the adopted General Plan Goals,
Policies and Programs and the overall intent of the General Plan. That the Project
is in conformance with applicable goals, policies and programs is also described
in detail in Draft E1R Section 3.8: Land Use, Table 3.8-4 and in the Del Rio Road
Commercial Area Specific Plan.
City of Atascadero
Ordinance No. 561
Wage 4 of 8
Land Use, Open Space and Conservation Element
Land Use Goal 3:
Transform the existing El Camino Real "strip" into a distinctive, attractive
and efficient commercial, office and industrial park area which can provide
for the long-term economic viability of the community.
Land Use Policy 3.1: Encourage retail business at efficient and attractive
nodes along El Camino Real and Morro Road with mixed office and
residential uses between those nodes.
Programa 2: Designate and protect the east side of the Del Rio Road and El
Camino Real intersection for a master planned retail
commercial use.
The Project will support Land Use Goal 3 and its related policies and programs by
providing new retail along El Camino Real. Consistent with the City's goal of
transforming the El Camino Real "strip," the Project consists of a new
approximately 123,112 square foot Walmart store with grocery and 6,448 square
foot outdoor garden center and outdoor bagged goods area, along with two
commercial out-parcels, each with 5,000 square feet of retail, restaurant and/or
office use, and the Annex project which consists of 120,900 square feet of
freestanding commercial and retail uses. This master planned commercial center
will create an efficient and attractive master planned "node" of commercial retail
on the east side of the Del Rio Road and El Camino Real which maximizes the
property's use potential and will increase tax revenue to the City and contribute to
the long-term economic viability of the community by providing local and
regional tax generating uses. The proposed Walmart store would serve as an
anchor tenant for the surrounding commercial area, including the existing Mission
Oaks shopping center and the proposed Annex center, as well as future
commercial development in the area, which will offer Atascadero residents
diverse, high quality and affordable retail and grocery options. The Specific Plan
sets forth detailed design guidelines for building design, landscaping, and signage
to ensure that the commercial uses are attractive and compatible with their
surroundings. The Project promotes a mix of uses in the area as it includes a
multiple family residential component providing up to 44 units and a single
family residential component with up to six (6) units thereby, adding to the
transition between the commercial node and the existing residentially zoned
parcels.
Approval of the proposed Annex / Walmart project ("Project") is in the public
interest because it will allow for a commercial development that (1) satisfies the
a long time demands of residents for a grocery store and a broad array of
convenient and low cost shopping options in the northern part of the City, and (2)
City of Atascadero
Ordinance No. 561
Page 5 of 8
attracts much needed tax revenue to the City. The Project will transform a
currently underutilized location into a retail node consistent with General Plan
policy. Once completed, the Project will serve the growing local demand for
retail and groceries in North Atascadero, while stimulating economic
development consistent with City goals.
The site has long been considered by the City to be an ideal place for a
commercial center. The Project is partially located within the City's Master Plan
of Development Overlay Areas identified in Table II-5 of the Atascadero General
Plan. Specifically, the Annex / Walmart site is located within Overlay Area
Numbers 5 and 6, which specifically calls for a "master plan[ned] commercial
center" not to exceed 300,000 square feet. The Walmart Project, consisting of
approximately 129,560 square feet of commercial uses (including 6,448 square
feet outdoor garden center) and two 1-acre commercial outparcels for retail,
restaurant and/or office buildings up to 5,000 square feet each, and the Annex
Project consisting of 120,900 square feet of freestanding commercial uses
consisting of retail, restaurant and drive-thru restaurant facilities, on six (6) retail
pads, two (2) drive-thru restaurant pads, and two (2) restaurant and/or office use
pads, is consistent with the type of use (master plan commercial center) and
density contemplated in the General Plan for this area.
2. The proposed project or use satisfies all applicable provisions of the Title
(Zoning Ordinance) including the SP-2 Ordinance; and,
3. The establishment, and subsequent operation or conduct of the use will not,
because of the circumstances and conditions applied in the particular case, be
detrimental to the health, safety, or welfare of the general public or persons
residing or working in the neighborhood of the use, or be detrimental or
injurious to property or improvements in the vicinity of the use;
The establishment and operation of the project will not be detrimental to the
health, safety, or welfare of the general public or persons residing or working in
the neighborhood because the Project incorporates extensive architectural design,
landscaping, pedestrian, and environmental sustainability features that ensure it
will be compatible with the existing development, neighborhoods and the
environment as described in General Plan Amendment Findings No. 3 and No. 5.
4. The proposed project or use will not be inconsistent with the character of the
immediate neighborhood or contrary to its orderly development.
Approval of the Project is compatible with existing development, neighborhoods
and the environment because it will transform a currently underutilized location
into retail node. Once completed,the Project will serve the growing local demand
for retail and groceries in North Atascadero, while at the same time revitalizia-.g
j one of the City's larger and more visible commercial areas.
City of Atascadero
Ordinance No. 661
Page 6 of 8
As discussed in General Plan Amendment Finding No. 5,the Project site has long
been considered by the City to be the ideal location for a commercial center. The
site is specifically identified in the City's Master Plan of Development Overlay
Areas as suited for a-3 00,000 square foot master planned commercial center with
neighborhood shopping and a grocery store designed to be compatible with the
existing Mission Oaks development. The Project is consistent with the
commercial density contemplated in the General Plan for this area. With the
approval of the proposed Project, El Camino Real and Del Rio Road, now an
economically underutilized location, will be developed as a vibrant commercial
corner contemplated by the General Plan.
Further, as described in General Plan Amendment Finding No. 5, the Project
incorporates extensive architectural design features, generous setbacks, robust
landscaping and numerous pedestrian features designed to ensure compatibility
with conditions in surrounding neighborhoods and the environment.
Lastly, as described the General Plan Amendment No. 4 the Project is in
conformance with adopted General Plan Goals,Policy and Programs. Further,the
project is consistent with the overall intent of the General Plan and is not contrary
to the orderly development of the area.
SECTION 2. Approval. The City Council approves the rezoning the subject site
consistent with the following:
EXHIBIT A: Zone Change Map
SECTION 3: 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.
City of Rtascadero
Ordinance leo. 561
Page 7 of 8
INTRODUCED at a regular meeting of the City Council held on June 26, 2012, and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on July 10,
2012,by the following roll call vote:
AYES: Council Members Clay, Fonzi, O'Malley, Sturtevant and Mayor Kelley
NOES: None
ABSTAIN: None
ABSENT: None
CITY OF ATASCADERO
16, &M-W
Bob Kelley, Mayor fj
ATTEST:
Marcia McClure Torgerson,C.M.C., dity Clerk
APPROVED AS TO F�
Brian A. Pierik, City Attorney
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