MEETING DATE April 21, 2022
APPLICATION NUMBER MCA-22-035
RECOMMENDATION
Conduct a public hearing and recommend that the City Council amend Table 17.30.020-1, Allowed Uses and Permit Requirements in the Central Business District Overlay Zones of the Manteca Municipal Code to allow Dwelling, Multifamily and Live-Work Facility within CBD Zone 1 as Allowed Uses, consistent with applicable policies of the General Plan (File No. MCA-035).
PROJECT INFORMATION
APPLICANT City of Manteca
PROPERTY OWNER Various
General Plan Designation Commercial Mixed Use (CMU)
Zoning: CMU (CBD-1)
Existing Use: Various
Proposed Use: Various
Parcel Size N/A
Adjacent Uses: Various, downtown Manteca, Central Business District Overlay Zone 2
PROJECT DESCRIPTION
This Municipal Code Amendment proposes to allow multi-family residential and live-work units within the heart of the City, within the Central Business District Overlay Zone, CMU(CBD-1), so long as each dwelling unit is located on the second story or above with each unit having its own kitchen, restroom and thermostat. The presence of such living space features will resolve the previous issues associated with long-term hotel rooms and group quarters that typically do not have individual kitchens, bathrooms and thermostats.
PROJECT LOCATION AND DESCRIPTION
The CBD Overlay Zone 1 is the heart of the City and predominately comprises the properties fronting Yosemite Avenue from the UPRR east to Lincoln Street and the properties fronting Main and Maple Streets between Yosemite Avenue and Center Street (See Figure 1).
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Figure 1: CBD Zone 1 Location Map
PROJECT BACKGROUND
The parcels within CBD Overlay Zone 1 have a base zoning of CMU and CBD Overlay Zone 1 [CMU (CBD Zone 1)] and encompasses 24.49 acres. The area is the historic center of the City with much of the area being mapped prior to City incorporation. CBD Overlay Zone 1 and the current prohibition of residential uses within this zone was adopted on December 20, 2016.
The prohibition of residential was a consequence of the proliferation of long-term hotels and group quarters on many of the second stories of downtown buildings. This was identified as an issue in the 1998 Vision 2020 Statement that identified, “Downtown second floor residential usage does not currently represent the highest and best use of these units. The second-floor units above the existing stores should be rehabilitated.” Vision 2020 went on to recommend, “Establish as needed and vigorously enforce codes which will service to rehabilitate and upgrade the living areas above existing stores in the Downtown.” With a high amount of absentee owners and lack of any property investments to upgrade living areas, the City eventually prohibited residential land uses within CMU (CBD Zone 1) in 2016.
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With the establishment of ACE commuter service starting at the Transit Center downtown Manteca will be a desirable place to live. To avoid the mistakes of the past, the Municipal Code Amendment requires that all dwelling units in CBD Zone 1 to be located on the second story or higher, and that each dwelling unit contain its own kitchen, bathroom and thermostats. The lifting of the residential prohibition would only allow multi-family dwellings (apartments) and live-work facilities that would ensure the density needed to support downtown businesses.
ANALYSIS
State Government Code Section 65103 states that, “Each planning agency shall … Implement the general plan through… the administration of specific plans, zoning and subdivision ordinances.” Thus, the Planning Commission needs to make a determination of how the Municipal Code Amendment will implement the policies of the General and Climate Action Plans.
GENERAL PLAN CONFORMANCE
The Commercial Mixed Use Land Use Designation purpose is consistent with the intent of this municipal code amendment in that the Commercial Mixed Use land use designation supports this exact type of land use. Per the General Plan, the Commercial Mixed Use designation will accommodate a variety of purposes including high density residential, employment centers, retail, commercial, and professional offices. The mixed use concept would integrate a mix of compatible uses on a single site that include sales, services and activities which residents may need on a daily basis. With pedestrian access, these sites will enable residents to walk or bike for many local trips, instead of driving for convenience trips. The sites may be integrated vertically with mixed uses above one another, such as residential or office uses over a commercial use. The residential component of any Commercial Mixed-Use development shall provide dwellings at densities of 15.1 to 25 units per acre.
Multi-family and live-work residential downtown land uses are allowed within the Commercial Mixed Use land use designation and the mixing of such uses is a consistent theme throughout the adopted General Plan.
Policies encouraging such are in part based in the General Plan City Context and Vision that brought forward the need for Live/Work housing (emphasis highlighted) as stated below:
1.7.7 Live/Work Housing
It is anticipated that the percentage of individuals working at home will increase over the next twenty years. At home workers may include telecommuters, professional services, small service businesses, mail order, and any number of other entrepreneurial endeavors.
It is the intent of this General Plan to support such activities. The residential design policies provide the flexibility to include most types of small business within the premises, and the ATTACHMENT 3
mixed-use commercial sites are intended to include services and facilities that would support workers in the neighborhood. Such support services include technical services, such as copy and secretarial services, teleconferencing centers and day care. The commercial sites will also typically contain coffee shops and plazas that provide a social setting for people who work at home.
Consistent with this Context and Vision, the adopted General Plan Land Use, Housing, Air Quality, Circulation and Economic Development Elements all have policies that encourage housing in the downtown area and support this proposed code amendment:
1. Land Use Element Policy P-15: Higher density housing shall be located in areas served by the full range of urban services, preferably along collector and arterial streets, and within walking distance of shopping areas.
Analysis: Allowing multi-family and live/work facilities in CBD Zone 1, are predominately along the major streets of Yosemite Avenue and Main Street, the second floor residential use of such are directly above commercial uses.
2. Element Goal H-2: To promote mixed-use, infill, and downtown development in the city of Manteca.
Analysis: The allowing of second floor residential with their own separate kitchens, restrooms and thermostats within CBD Overlay Zone 1 directly implements this goal.
3. Air Quality Element AQ-I-4: Encourage mixed-use development that is conveniently accessible by pedestrians and public transit.
Analysis: Potential second floor residential uses within CBD Zone 1 will be within convenient walking distance to the City’s Transit Center either by streets or the Tidewater Path.
4. Circulation Element Policy P-43: The City shall identify and implement means of enhancing the opportunities for residents to commute from residential neighborhoods to the ACE station or other transit facilities that may develop in the City.
Analysis: This proposed MCA directly implements this policy by providing an opportunity for residents to commute to the bay area when ACE service commences at the Transit Center in 2024.
5. Economic Development Element ED-I-47: Encourage creative approaches to encourage integration of housing production with commercial development.
Analysis: The redevelopment of second floor residential units with their own kitchens, bathrooms and thermostats within CBD Overlay Zone 1 directly implements this policy.
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ZONING CONFORMANCE
The CMB-1 overlay has a base zoning district designation of Commercial Mixed Use (CMU).
The CMU zoning district is a designation that will accommodate a variety of uses including high-density residential, employment centers, retail commercial, and professional offices.
Dwelling, Multi-Family is a use permitted by right in the CMU zone and Live-Work Facilities are permitted upon approval of a Minor Use Permit. Because the downtown area is uniquely suited for small business incubation, including artists and artisans, the location and existing building stock within the CBD-1 Overlay Zone accommodate live-work facilities and as such should be permitted by right.
CLIMATE ACTION PLAN CONFORMANCE
On October 15, 2013, the Manteca City Council adopted a Climate Action Plan (CAP) to comply with greenhouse gas (GHG) reduction goals. The proposed MCA directly implements a number of the policies of the CAP, including the following:
1. MUD-4 The City shall encourage downtown infill and redevelopment projects that provide housing in suitable sites to increase activity that would support commercial businesses.
Analysis: The proposed MCA allowing multi-family residential and live work units above ground level commercial retail uses directly implements this CAP measure that will assist the City in achieving Vehicle Miles Travelled (VMT) reduction goals.
2. TOD-2 The City shall encourage transit-oriented development in areas with 0.25 mile of planned or existing multimodal transit facilities.
Analysis: This proposed MCA directly implements this policy as a vast majority of CBD Overlay Zone 1 is within 0.25 miles of the Transit Center, please see map below:
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Figure 2 – 0.25 mile radius from Transit Center CBD Overlay Zone 1
ENVIRONMENTAL REVIEW
The project is exempt from further CEQA review pursuant to Section 15183 of the CEQA Guidelines, Projects that are Consistent with Community Plans, General Plan or Zoning.
CEQA mandates that projects which are consistent with the development density established by the adopted General Plan policies and evaluated in a certified EIR shall not require additional environmental review. The Commercial Mixed Use (CMU) General Plan and Zoning designations allow a density range of 15.1 to 25 dwelling units per acre. The anticipated density allowed by this MCA will comply with this density range. Impacts associated with such were evaluated in the General Plan EIR (SCH #2002042088).
Additionally pursuant to Section 15183:
(1) There are no peculiar impacts associated with development consistent with the CMU general plan designation in the downtown area.
(2) Impacts associated with development consistent with the CMU designation were analyzed and found less than significant within the General Plan EIR with which this MCA is consistent.
(3) There are no potentially significant off-site impacts and cumulative impacts which were not discussed in the General Plan EIR.
(4) There are no previously identified significant effects which, as a result of substantial new information which was not known at the time the General Plan EIR was certified. It is reasonably foreseeable that the proposed MCA will assist the City to achieve VMT reduction goals consistent with SB 743.
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Report prepared by: J.D. Hightower, Deputy Director -- Planning Attachments:
1. Planning Commission Resolution No. 1592
2. Redline Copy of Table 17.30.020-1
3. Draft City Council Ordinance
Reviewed by:
_________________________________________________ _____________ Chris Erias, Development Services Department Director Date ATTACHMENT 3