Loading...
HomeMy WebLinkAboutAgenda Packet 09/09/1997 *PUBLIC REVIEW COPY Please do not re ove _from counter ATASCADERO CITY COUNCIL REGULAR MEETING SEPTEMBER 9, 1997 CITY ADMINISTRATION BUILDING 65011 PALMA AVENUE, 4T" FLOOR ROTUNDA ROOM 7:00 P.M. George Harold Jerry Luna Carden Clay LKerenno This ager da is prepared and posted pursuant to the requirements of Government code Section 549F4.2. By listing a topic on this agenda, the City Council has expressed its intent to discuss and act on each item. In addition to any action identified in the brief general description of each item, the action that may be taken shall include: A referral to staff with specific requests tor information; continuance;specific direction to staff concerning the policy or mission of t e item; discontinuance of consideration; authorization to enter into negotiations and execute agreements pertaining to the item; adoption or approval; and, disapproval. Copies ot 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 (Room 208) and in the Information Office (Room 103), available for public inspection during City Hall business hours. The City Clerk wili answer any questions regarding the agenda. 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, (805) 461-5010, or the City Clerk's Office, (805) 461-5074. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring hat reasonable arrangements can be made to provide accessibility to the meeting or service 7:00 P.M. - REGULAR SESSION: (Please see Rules of Public Participation, back page) CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL COUNCIL COMMENT PROCLAMATIONS: • "U.S. Constitution Observance Month", September 1997 Xafifornia Masons] i COMMUNITY FORUM A. CONSENT CALENDAR: All matters listed under Item A, Consent Calendar, are considered to be routine and will be enacted by one motion in the form listed below. There will be no separate discussion on these items. A member of the Council or public may, by request, have any item removed from the Consent Calendar, which shall then be reviewed and acted upon separately after the adoption of the Consent • Calendar. 1. RESOLUTION NO. 87-97 - Certifying the maintenance of a Drug-Free Workplace and adopting an alcohol and drug abuse policy statement [Wade McKinney] (Staff recommendation: Adopt) 2. RESOLUTION NO. 88-97 - Awarding a contract to Chicago Grade Landfill, Inc., for the disposal of biosolids [Brady Cherry] (Staff recommendation: Adopt) 3. RESOLUTION NO. 85-97 - Designating a no-parking zone on the east side of EI Camino Real between East Mall and West Mall [Brady Cherry] (Traffic Committee/Staff recommendation: Adopt) 4. RESOLUTION NO. 86-97 - Designating a passenger loading zone on Atascadero Mall [Brady Cherry] (Traffic Committee/Staff recommendation: Adopt) B. PUBLIC HEARINGS: 1. GENERAL PLAN AMENDMENT 97002/ZONE CHANGE 97003, 7405/7425 NAVAJOA AVE. - Consideration of a request to change the GP Land Use Map from Office to High-Density Single-Family Residential and a corresponding zone change from CP to LSF-X [Steve DeCamp] A. Ordinance No. 334 - Amending the official City zoning map by rezoning certain real property at 7405/7425 Navajoa Ave. From CP (Commercial Professional) to LSF-X (Limited Single Family - High Density) (ZC 97003/ Gearhart) (Planning Commission/Staff recommendation: Motion to waive reading in full and introduce on first reading by title only) B. Resolution No. 82-97 - Approving an amendment to the land use map by changing the land use designation of certain real property at 7405/7425 Navajoa Ave. From Office to High Density Single Family Residential (GPA 97002: Gearhart) (Planning Commission/Staff recommendation: Adopt) 2 C. REGULAR BUSINESS: 1. ORDINANCE NO. 333 - Amending the Zoning Ordinance text by adding "Utility Facilities" tote list of conditionally allowed uses in the downtown commercial zone (ZC 97004/Ne oel Communications, Inc.) (Second reading & adoption) (Planning Commission/Staff recommendation: Adopt) D. COMMITTEE REPORTS (The following represent standing committees. Informative status reports will be given, as felt necessary.): 1. S.L.O. County Mayors Group 2. S.L.O. Council of Governments/S.L.O. Regional Transit Authority 3. City/School Cc mmittee 4. County Water Advisory Board/Nacimiento Water Purveyors Advisory Group 5. Economic Rourid Table 6. Finance Committee • 7. Air Pollution C ntrol District 8. North County C ouncil 9. Ad Hoc Regional Water Management Committee 10. Integrated Waste Management Authority E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Attorney 3. City Clerk 4. City Treasurer 5. City Manager F. ADJOURNME T: THE CITY COUNCIL WILL ADJOURN TO A-ft 93EDV'SESSION COMMENCING AT 8:00 A.M. SEPTEMBER 10, 1997, IN THE 4T~FLOOR CLUB ROOM FOR PURPOSES OF CONDUC NG A CITY COUNCIL PLANNING WORKSHOP. 3 OF cONDuc7 RULES OF PUBLIC PARTICIPATION: The City Council welcomes and encourages your ideas and comments as a citizen. To increase the effectiveness of your participation, please familiarize yourself with the following rules of decorum: O Members of the audience may speak on any item on the agenda, in the order the item(s) are addressed by the Council, as directed by the Mayor. Items not on the agenda should be submitted during the Community Forum period (see below). O Persons wishing to speak should step to the podium and state their name and address, for the official record. O All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. O No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commissions and staff. O A person may speak for five (5) minutes. s O No one may speak for a second time until everyone y wishing to peak has had an opportunity to do so, and no one may speak more than twice on any item. O Council Members may question any speaker; the speaker may respond but, after the allotted time has expired, may not initiate further discussion. O The floor will then be closed to public participation and open for Council discussion. COMMUNITY FORUM: O The Community Forum period is provided to receive comments from the public on matters other than scheduled agenda items. O A maximum of 30 minutes will be allowed for Community Forum, unless Council authorizes an extension. O State law does not allow the Council to take action on issues not on the agenda, staff may be asked to follow up on such items. l u.s. constitution observance month" September, 1997 WHEREAS, Th Constitution of the united states is the result of the heroic efforts and labors of our founding fathers, who believed that arygovernment is justf ed ONLY to serve the people and to enable them to enjoy the naturalthts of man; and WHEREAS, The U.S. constitution was conceived as an instrument for the government "of the yeople, by the people adjor the people'; and WHEREAS, ThIs inspirational document was framed in order to form a more yerfect union, establish justice, ensure doi iestic tranquility,yrovide for the common defense,yromote the general welfare and secure the blessings of libehy to ourselves and ouryosteriV'- and WHEREAS On Se tember 17 1787 our beloved Geon e Washi ton and thi -ei ht Fat Americans ordained and established an immortal document--the constitution of the united states of America; and WHEREAS, Bel eving that all yeople should be reminded o f their great and distinctive heritage, reminded that they are the fortunate recoents of the many guarantees yrovided by this magnocent instrument of government; NOW, THEREF DRE, I, RAY JOHNSON, Mayor o f the City o f Atascadero, do hereby yroclaim the month o f September, 1997, to be "U.S. Constitution observance Month" in the city o f Atascadero. RAY JOHNSON, Mayor City of Atascadero, california September 9, 1997 • III i �• REPORT TO CITY COUNCIL Meeting Date: 09/09/97 CITY OF ATASCADERD Agenda tem: A-1 Through: Wade G. McKinney, City Manager From Alicia 1. Lara, Personnel Analyst w SUBJECT: Drug-Free Norkplace Policy Statement RECOMMENDATION: Adopt Resolution No. 87-97, authorizing the City Manager to develop a policy for a D g-Free Workplace. BACKGROUND: The City currently receives Federal funds under various grants. Government Code Section 8355 ,requires that a Drug-Free Workplace Policy be developed and remain in effect for all recipients of Federal funds. DISCUSSION: The firs step in this process is to adopt a policy statement and authorize the City Manager to evelop and maintain a policy. Once the policy statement is adopted, staff will dr ft the detailed policy, which will cover drug abuse education, counseling, rehabilita on and employee assistance programs as well as penalties which may be impose upon employees for drug abuse violations. Staff will then meet and confer with all interested employee bargaining units, prior to finalizing the policy. FISCAL ANALYSIS: No impact. Attachments: Resolution No. 87-97 Exhibit K - Drug-Free Workplace Policy Statement 0Q®�01 RESOLUTION NO. 87-97 RESOLUTION OF THE CITY COUNCIL OF 0 THE CITY OF ATASCADERO CERTIFYING THE MAINTENANCE OF A DRUG FREE WORKPLACE AND ADOPTING AN ALCOHOL AND DRUG ABUSE POLICY STATEMENT WHEREAS, the maintenance of a drug-free workplace is essential to the effective and efficient operation of any organization, including the City of Atascadero; and WHEREAS,the Federal Anti-Drug Abuse Act of.1988, the Drug-Free Workplace Act, requires all recipients of any federal grant monies to certify that they will maintain a drug-free workplace; and WHEREAS, by this resolution, all City employees are notified that the unlawful manufacture, distribution,-dispensation, possession or use of a controlled substance is prohibited within the jurisdiction of the City; and NOW, THEREFORE, BE IT RESOLVED, that the Atascadero City Council hereby adopts the policy statement, hereto attached as Exhibit ON that: 1. The maintenance of drug-free workplace is an existing and on-going policy and practice of the City of Atascadero and so certified. 2. The City Manager is hereby directed to establish and maintain an Alcohol and . Drug Abuse Policy to provide guidelines for the detection and deterrence of alcohol and drug abuse. PASSED AND ,ADOPTED at the regular meeting of the City council of the City of Atascadero held on the 91h of September 1997. ATTEST: CITY OF ATASCADERO MARCIA M. TORGERSON, City Clerk RAY JOHNSON, Mayor APROVED AS TO FORM: ROY A. HANLEY, City Attorney OOOC92 Exhibit "A" of Resolution No. 87-97 CITY OF ATASCADERO -FEDE L DRUG-FREE WORKPLACE ACT OF 1988 POLICY STATEMENT The purpose of this p licy statement is to assure a work environment that is free from the illegal possession and/or use of alcohol, illegal drugs or controlled substances. Additionally, the use f, and being under the influence of, alcohol and/or controlled substances on the job detrimentally affects the work performance, safety, security, and public confidence of represented employees and the health and welfare of the citizens of the City of Atasca ero. Therefore, the City shall establish a Substance Abuse Policy for the exclusiv purpose of the early identification and referral for treatment of those employees with ependency problems. It is also the City's intent that the policy be applied for the pur oses for which it was created and to encourage prevention and education; the establi hed policy shall not be used in a vindictive or malicious fashion or to harass employees. NOTICE TO ALL EMPLOYEES The unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance (drug) is prohibited in all of the workplaces in the City. Violation of this prohibition may result in disciplinary action, up to and including dismissal. In addition, violation may constitu a violation of other State laws and may result in immediate suspension without pair in the event that criminal charges are filed. As a condition of beinC employed to work under any federal grant received by the City, employees are require to abide by the terms of this statement. These employees are further required to notify their supervisor (or the personnel department) of any conviction for a criminal drug statute violation occurring in the workplace within five days after such conviction. • 000003 t REPORT TO COUNCIL Meeting Date: 9/9/97 CITY OF ATASCADE O Agenda Item: A-2 THROUGH: Bob Grc gan, City Manager VIA: Brady C ierry,Director of Community Services FROM: Mark kwort, Chief of Wastewater Operations ` SUBJECT: Award of Contract,Disl oral of Biosolids RECOMMENDATION: Staff recommends ,that Chicago Grade Landfill, Inc. be awarded a contract for the removal and disposal of approximately 1000 tons of Biosolids. (Approve Resolution No. 88-97) BACKGROUND: The Code of Federal RSulations section 503 stipulates a two year on-site storage limit for biosolids. ds. Having removed stored iosolids from the treatment facility site in 1994, the City is now obligated to remove biosolids stored ince 1995. DISCUSSION: In 1994,bid packages re sent to eight firms which specialize in the reuse of biosolids.Four firms responded with bids whi oh ranged from$31.90 to$22.20 per ton.Although the low bidder originally proposed using the City's biosolids on a cotton farm in Buttonwillow California, after being lobbied by Chicago Grade Landfill,the biosolids were used as a top cover at the landfill. In accordance with the fty of Atascadero Public Works Bidding Procedures, Sections Four and Five, the Chicago Grade Lanfill was contacted and submitted a proposal to load,truck, and accept approximately 1000 to of biosolids for$17/ton. FISCAL IMPACT: Approximately$17,000 depending upon actual tonnage 00000.1 RESOLUTION NO. 88-97 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AWARDING A CONTRACT TO THE CHICAGO GRADE LANDFILL FOR DISPOSAL OF BIOSOLIDS WHEREAS,the Code of Federal Regulations Section 503 stipulates a two year on-site storage limit for biosolids; and WHEREAS,having removed stored biosolids from the treatment facility site in 1994,the City is now obligated to remove biosolids stored from 1995 to date;and WHEREAS, in accordance with the City of Atascadero Public Works Bidding Procedures, Sections Four and Five, the Chicago Grade Landfill was contacted and submitted a proposal to load,truck, and accept approximately 1000 tons of biosolids for$17/ton. NOW, THEREFORE,the City Council of the City of Atascadero does resolve as • follows: 1. The Mayor is hereby authorized to execute an agreement with the Chicago Grade Landfill for the disposal of biosolids from the City of Atascadero Wastewater Treatment Facility. 2. The City Manager is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature. 3. The City Accountant is hereby authorized to release and expend funds allocated in the FY 97/98 Budget,Account#201-30399-0430—Contracted Services, to cover the contract price of$17/ton for a quantity of approximately 1000 tons; and issue the necessary warrants to comply with the terms of this agreement. OQ®00- Resolution No. 88-97 page two On a motion by Councilmember and seconded by Councilmember , the foregoing Resolution i hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO MARCIA M. TORGE SON RAY JOHNSON City Clerk Mayor APPROVED AS TO RM: ROY A. HANLEY City Attorney 000006 AGREEMENT FOR BIOSOLIDS MANAGEMENT AND DISPOSAL/REUSE SERVICES This agreement is made between: The City of Atascadero hereinafter referred to as the "City", AND Chicago Grade Landfill, a Corporation registered to do business in the State of California, hereinafter referred to as "Contractor". The Contractor agrees to provide biosolids management and disposal/reuse services for the City of Atascadero's Wastewater Treatment Facility located in the City of Atascadero, California. The City is currently stockpiling biosolids at it's wastewater treatment facility. The intent of this agreement is for the contractor to provide an absolutely reliable biosolids removal service within the specified time period. The contractor shall provide all services related to transportation, disposal/reuse, permitting and monitoring of the City's wastewater biosolids and the site of application in accordance with all applicable Local, State and Federal requirements. The following specific items are a part of the agreement. 1. VOLUME OF BIOSOLIDS Contractor agrees to accept and remove the entire quantity of biosolids currently stockpiled at the City's wastewater treatment facility, approximately 1,000 cubic yards, dewatered to at least 50% solids. 2. PERMITS The contractor agrees to provide the City with copies of all required regulatory permits for hauling and disposal/reuse of the entire quantity of biosolids as specified in item 1 above. The contractor agrees to pay all fees associated with permitting. 3. MONITORING AND REPORTING The contractor agrees to provide all required monitoring and reporting imposed by all regulatory agencies having jurisdiction over the contractor's disposal/reuse operations, and shall provide the City with copies of all reports involving the City's biosolids. In addition the contractor agrees to provide the City with a document for each load of biosolids received from the City which is to include the date, time, driver, destination and certified weight ticket. 1 000007 4. ENVIRONMENTAL The contractor agrees to provide all necessary capital improvements and operating expenses needed at the disposal/reuse site to protect surface and groundwaters and to protect air resou ces per the requirements of the responsible regulatory agencies. The contractor also agrees to design and operate the hauling and disposal/reuse program for the City's Diosolids in full compliance with all Federal, State and Local environmental requirements. The contractor shall provide covers for the trailers to prevent any loss of biosolids while being transported from the wastewater treatment facility to the finz I point of application. 5. QUALITY OF IOSOLIDS The City shall a responsible for providing a biosolid of a quality which does not exceed the ceilin concentrations for pollutants listed in CFR 503.13 Table 1 and which conforms to C 503.32 (b)(4), Class B Sewage Sludge, by using CFR 503, PSRP method A.2. of Appendix B. In the event that, for any reason the material supplied by the City is not acceptable under State and Federal guidelines, the sludge will be stockpiled at the wastewater treatment facility and the City shall be responsible for the classification of t e waste and it's subsequent disposal. The City shall be responsible for providing testing of the biosolids in accordance with the provisions o the City's State waste discharge permit. The current requirement for sludge monito ' is once annually. The City shall maintain and make available to the contractor all documentation related to the quality and treatment process for the biosolids to be hauled by the contractor. 6. BIOSOLID LO ING The contractor 3hall provide sufficient trailers, loaders and equipment operators to remove the cumntly stockpiled biosolids within a one (1) year time frame. Contractor will be responsi le for loading all biosolids currently stockpiled at the wastewater treatment facility. 7. LOAD WEIGITF The contractors all be responsible for insuring that each trailer is loaded to the proper weight for haulirg the biosolids currently stockpiled at the City's facility. 2 i 8. LICENSING is The contractor shall be responsible for insuring that all equipment utilized in connection with this contract shall be fully licensed to operate in the State of California and all public highway drivers and operators of such equipment shall be fully licensed by the State of California Department of Motor Vehicles. 9. INSURANCE The contractor shall secure and maintain in force throughout the duration of the contract full vehicle insurance for all equipment, workers compensation insurance as required by law, comprehensive general liability insurance with a minimum coverage of $500,000 per occurrence and $1,000,000 aggregate for personal injury, and $500,000 per occurrencelaggregate for property damage. 10. PROJECT STARTUP The contractor shall provide the City with a schedule for removal of the biosolids which will insure that all currently stockpiled biosolids are removed by June 30, 1998. 11. SITE INSPECTION The contractor shall provide access to the disposal/reuse site to city representatives upon request of the City. 12. DISPOSAL SITE AND OPERATIONS The contractor shall provide sufficient facilities (land) to accommodate 150 percent of the total anticipated amount of the biosolids to be disposed/reused during the contract period. The contractor shall also be responsible for furnishing all equipment, labor and materials required for the contractor's disposal/reuse operations. 13. AGREEMENT TERM All currently stockpiled biosolids shall be removed by June 30, 1998. 14. PAYMENT The contractor shall be paid by the City for completed work and services rendered under this agreement as follows: 3 000')©3 • A Payment shall be made on a basis of$ 17 per ton of biosolids hauled from the City's facility. B. The contractor may submit vouchers to the City once per month during the progress of the work. Such vouchers will be checked by the.City and upoi approval thereof, payment will be made to the contractor in the amount approved. C. Final pkirmentof any balance due the contractor of the total contract price earned will be made promptly by the City upon its ascertainment and verilication by the City after the completion of the work under this agreeme it and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and inck entals necessary to complete the work. E. The con ractor's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final payments. Copies shall be made available upon request. 15. COMPLIANCE WITH LAWS The contractor shall, in performing the services contemplated by this agreement, faithfully obsery and comply with all Federal, State, and Local laws, ordinances and regulations appli able to the services to be rendered under this agreement. 16. INDEMNIFICATION The contractor all indemnify, defend and hold harmless the City, its officers, agents and employees, fi7om and against any and all claims, losses of liability, or any portion thereof, includi g attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to contractors own employees, or damage to property occe sioned by a negligent act, omission or failure of the contractor. 17. DISCRIlVIINA ION PROHIBITED The contractor, 'th regard to the work performed by it under this agreement, will not discriminate on the basis of race, color, national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in the selection and retention of employees or pr curement of materials or supplies. 4 0000,.0 18. ASSIGNMENT The contractor shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 19. NON-WAIVER Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 20. TERN[INATION A. The City reserves the right to terminate this agreement at any time by giving ten(10)days written notice to the contractor. B. In the event of the death of a member, partner or officer of the contractor, or any personnel assigned to the project, the surviving members of the contractor hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between the surviving members of the contractor and the City, if the City so chooses. 21. NOTICES Notices to the City of Atascadero shall be sent to the following address: City of Atascadero Wastewater Division 6500 Palma Atascadero CA 93422 Notices to the contractor shall be sent to the following address: Chicago Grade Landfill, Inc. Route 1,Box 440 Templeton, CA 93465 5 0000.-1 24. INTEGRATED kGREEMENT This agreement together with attachments or addenda, represents the entire and integrated agreement between the City and the contractor and superseded all prior negotiations, representations, or agreements written or oral. However, the proposal submitted by the contractor and related documents establish the background and framework in w1fich the contract was prepared and do set forth the expectations of each parry to the contract. This agreement may be amended only by written instrument signed by both the City and Contractor. DATED this day of , 1994. CITY OF ATASCADE O HONORABLE MAYOR RAY JOHNSON CONM LCTOR Title Attest: Approved as to Form: Marcia M. Torgerson, C ty Clerk Roy A. Hanley, City Attorney 6 0000=2 REPORT TO CITY COUNCIL Meeting Date: 9-9-97 CITY OF ATASCAD RO Agenda Item: A-3 Through: Wade McKinney, City Manager via: Brady Cherry, Director of Community Services From: Va erie Humphrey, Staff Assistan SUBJECT• Establishment of No Parking zone on the east side of E1 Camino Real between East Mall and West Mall. RECOMMENDATION It is the recommendation of the Traffic Committee that Council adopt Resolution No. 85-97 establishing a No Parking zone on El Camino Real as illustrated on Exhibit A to the subject resolution. DISCUSSION• The Circulation Element and the Draft Trails Master Plan • designate West Fall at the location for the transition from Class II to Class III bike lanes. With the currently allowed parking along the front f the Sunken Gardens, inadequate width exists for this installation. Prohibiting parking in this area would allow for the installation of the Class II lane. The. area in question does not front any commercial businesses and is only occasionally used for parking when events are held in the Sunken Gardens. OPTIONS: 1) Adopt Resolution No. 85-97 2) Deny Fesolution No. 85-97 3) Returr item to Traffic Committee for further review. FISCAL IMPACT: The cost of these modifications will be approximately $50 for painting to be raid out of currently budgeted funds. Attachments: Resolution No. 85-97 000013 RESOLUTION NO. 85-97 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO i DESIGNATING A NO PARKING ZONE ON THE EAST SIDE OF EL CAMINO REAL BETWEEN EAST MALL AND WEST MALL WHEREAS, Section 4-2.1101, et. sea.., of the Atascadero Municipal Code allows the City Traffic Engineer to ,designate "No Parking" areas, and to place and maintain appropriate signs or markings indicating the same; and WHEREAS, this portion of El Camino Real is currently under the jurisdiction of the California Department of Transportation (Caltrans) ; and WHEREAS, the Caltrans Engineering office has approved the request to designate this section a No Parking Zone; and WHEREAS, the Traffic Committee has determined that establishing a No Parking zone on the east side of El Camino Real between East and West Mall will provide for increased traffic safety. NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero directs the City Traffic Engineer to place and maintain appropriate signs or markings as indicated in the attached • "Exhibit "A". On motion by Councilmember , and seconded by Councilmember , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO By MARCIA M. TORGERSON, City Clerk RAY JOHNSON, Mayor APPROVED AS TO FORM: ROY A. HANLEY, City Attorney 000014 Exhibit A Resolution No. 85-97 East Mall ° Chamber of Commerce Ow � Z � Owe oQ 0 M West Mall 000015 REPORT TO CITY COUNCIL Meeting Date: 9-9-97 CITY OF ATASCAD RO Agenda Item: A-4 Through: Wade McKinney, City Manager Via: Brady Cherry, Director of Community Services From: Valerie Humphrey, Staff Assistan SUBJECT: Establishment of a Passenger Loading Zone on Atascadero Mall. RECOMMENDATION: It is the recommendation of the Traffic Committee that Council adopt Resolution No. 86-97 establishing a Passenger Loading Zone on Atascadero Mall in front of the North County Christian School. DISCUSSION• The Traffic: Committee received a request from Mr. Jim Lee, Administrator o the North County Christian School, to provide a drop off/pick up area in front of his facility. After reviewing the location and determining that the request could be granted a minimum loss of parking, the Traffic Committee approved the request. OPTIONS: . 1) Adopt Resolution No. 86-97 2) Deny Fesolution No. 86-97 3)' Returr item to Traffic Committee for further review. FISCAL IMPACT: The cost of these modifications will be approximately $50 for painting to be paid out of currently budgeted funds. Attachments: Resolution No. 86-97 i ®Qa1G RESOLUTION NO. 86-97 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO DESIGNATING A PASSENGER LOADING ZONE ON ATASCADERO MALL AS DESCRIBED IN ATTACHED EXHIBIT A WHEREAS, section 4-2.1201 et.seq. . of the-Atascadero Municipal Code allows the City Traffic Engineer to designate Passenger Loading Zones, and to place and maintainappropriate signs or markings indicating the same; and WHEREAS, the Traffic Committee has determined than establishing a passenger loading zone at the location described on Exhibit A will improve traffic safety and provide convenience- to the citizens. NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero directs the City Traffic Engineer to place and maintain appropriate signs or marking to provide a passenger loading 'zone at the designated location. On motion by Councilman , and seconded by Councilman , the foregoing resolutionishereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO MARCIA M. TORGERSON RAY 'JOHNSON, Mayor City Clerk APPROVED-AS TO FORM: ROYA. HANLEY City Attorney 00001'7 A tascadero Avenue Exhibit A Ah Resolution No. 8647 0 � H � x x to xx� � (IQ N a o rQ� 0 PI z r) 0 M � rH t7lx C o � x °o r � 000018 REPORT TO CITY C UNCIL CITY OF ATASCADE O Agenda Item: B-1 (A&B) Through: Wade M Kinney Meeting Date: 09/09/97 City Manager File Number: GPA 97002 ZC97003 Via: Steven L. DeCamp Acting Community Development Director From: _,_ ,,, Doug Davidson Senior Planner SUBJECT: Consideration of a General Plan Amendment to change the Land Use designation of the subject property from Office to High Density Single Family Residential and a corresponding Zone Change from CP to LSF-X. RECOMMENDATION: Staff recommends the following actions as recommended by the Planning Commission: ce o. 334 - Read b title only and approve on first 1. Ordinance y y pp reading amending the Official _City Zoning Map by rezoning certain real property at 7405/7425 Navajoa Avenue from CP (Commercial Professional) to LSF-X (Limited Single Family - High Density) . 2 . Resolution lo. 82-97 - Approving an amendment to the Land Use Map by cha ging the Land Use designation of certain real property at 7405/7425 Navajoa Avenue from Office to High Density Single Family Residential. BACKGROUND: On August 19, 1997, the Planning Commission conducted a public hearing on theabove-referenced applications . After discussion (see attached minutes excerpts) the Planning Commission, on a 6 : 0 vote (one Commissioner was absent) , recommended approval of. General Plan Amendment 97002 and Zone Change 97003. cc: Kelly Gearhart John Falkenstien Attachments: Ordinance No. 334 Resolution No. 82-97 Planning Commission Staff Report - 8/12/97 Minutes Excerpts - 8/12/97 000019 ORDINANCE NO. 334 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING THE OFFICIAL CITY ZONING MAP BY REZONING CERTAIN REAL PROPERTY AT 7405/7425 NAVAJOA AVENUE FROM CP (COMMERCIAL PROFESSIONAL) TO LSF-X (LIMITED SINGLE FAMILY - HIGH DENSITY) (ZONE CHANGE 97003 - GEARHART) WHEREAS, the proposed zoning text amendment proposes standards that are consistent with. the General Plan as required by Section 65860 of the California *Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendment will not result in a significant adverse effect on the environment - the Negative Declaration prepared for the project is adequate as defined by the California Environmental Quality Act; and WHEREAS, the Atascadero Planning Commission held a public hearing on August 19, 1997 and has recommended approval of Zone Change 97003. NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposal is compatible with the surrounding land use and zoning designations. 2 . The proposal is consistent with the General Plan Land Use Element. 3. The proposal will not result in any significant adverse environmental impacts. The Negative Declaration prepared for the project is adequate. Section 2. Zoning Map. The City's Official Zoning Map is hereby amended to reclassify the parcels listed below and as shown on the attached Exhibit A which is hereby made a part of this ordinance by reference: Assessor's Parcel Map # 031-051-051 Lot 11, Block RB, Atascadero Colony i Ordinance No. 3234 --- Page 2 Section 3. Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage, in the Atascadero News, a newspap r of general circulation, printed, published and circulated in t e City in accordance with Section 36933 of the Government Code shall certify the adopting and posting of this ordinance and s all . cause this ordinance and this certification together with p oof of posting to be entered into the Book of Ordinances of t e City. Section 4 . Effective Date. This ordinance shall go into effect and be in full force and effect at 12 : 01 a.m. on the 31st day after its passage. On motion ly Councilperson and seconded by Cou cilperson the foregoing ordinance is he eby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CA By: RAY JOHNSON, Mayor ATTEST: MARCIA M. TORGE SON, City Clerk APPROVED AS TO ORM: ROY A. HANLEY, ity Attorney PREPARED BY: . STEVEN L. DECAMP, ACTING COMMUNITY DEVELOPMENT DIRECTOR OOOO21 MA Mks S;�. im, A I poll • `' `'iii � �� �� � ��� / .AO��✓ RESOLUTION NO. 82-97 A RE 0LUTION OF THE COUNCIL OF THE CITY OF ATASCJDERO APPROVING AN AMENDMENT TO THE LAND USE MAP BY CH11qGING THE LAND USE DESIGNATION OF CERTAIN REAL PROPERTY AT 7405/7425 NAVAJOA AVENUE FROM OFFICE TO HIGH DENSITY SINGLE FAMILY RESIDENTIAL (GPA #97002: Gearhart) WHEREAS, the City of Atascadero has grown considerably since incorporation; And WHEREAS, the City' s General Plan, which was prepared in the 19701s, adopted in 1980, and amended in 1992 to guide the City' s general growth is in need of updating; and, WHEREAS; the Planning Commission of the City of Atascadero conducted a public hearing on the subject amendment on August 19, 1997; and WHEREAS, Government Code Section 65356 provides that a General Plan be amended by the adoption of a resolution; and WHEREAS, the Council of the City of Atascadero finds as follows : 1 . The proposed General Plan Amendment is consistent with the goals and policies of the General Plan. 2 . The proposed General Plan Amendment will not have a signi icant adverse affect on the environment. The Negat ve Declaration prepared for the project is adequ f te. THEREFORE, the Council of the City of Atascadero does resolve , to approve General Plan Amendment GPA #97002 as follows : 1 . Amendiftent to the General Plan Land Use Element, Land Use Map as shown on the attached "Exhibit All . 000Uti3 Resolution No. 82-97 Page 2 On motion by and seconded by the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: DATE ADOPTED: CITY OF ATASCADERO, CA RAY JOHNSON, Mayor ATTEST: MARCIA M. TORGERSON, City Clerk APPROVED AS TO FORM: ROY A. HANLEY, City Attorney PREPARED BY: STEVEN L. DECAMP, Acting Community Development Director 0000 JW1111 ��` - t�� -•• � ���/tj �C'.� raj +., ,�-i.s�i � ♦ � lk �' ��►�� •�' � � � ..rte ��� �� UP AM P AMR .� r-; �OPP � ' � CITY OF ATASCADERO Item: B . 1 STAFF REPORT FOR: Planning Commission Meeting Date: August 19, 1997 BY: Doug Davidson, Senior Planner File No: GPA 97002 A;''+„ ZC 97003 SUBJECT: Consideration of a General Plan Amendment to change the Land Use designation of the subject property from Office to High Density Single Family Residential and a corresponding Zone Change from CP to LSF-X. RE CO14MNDAT I ON• Staff recommends that the Planning Commission: 1 . Find the Negative Declaration to be adequate under the guidelines of the California Environmental Quality Act. 2 . Recommend approval to the City Council of General Plan Amendment 97002 as contained in Resolution 82-97 . 3. Recommend approval to the City Council of Zone Change 97003 as contained in Ordinance 334 . SITUATION AND FACTS: 1 . Applicant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Kelly Gearhart 2 . Project Address. . . . . . . . . . . . . . . . . . . .7405/7425 Navajoa Ave. 3 . Site Area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.72 acres 4 . Zoning. . . . . . . . . . . . . . . . . . . . . . .CP (Commercial Professional) 5. General Plan Designation. . . . . . . . . . . . . . . . . . . . . . . . .Office 6. Existing Use. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vacant 7 . Environmental Status. . . . . . . . . . . . . . . . .Negative Declaration posted July 31, 1997 1 BACKGROUND: The subject property is one of the few remaining commercial parcels that extend, from Morro Road to Navajoa Avenue. Existing commercial development prohibits the Navajoa frontage from San Andres to Curba it from becoming completely residential. In this case, a vacant parcel and a tentative map approval provide the opportunity to plan for commercial development along Morro Road and residential land uses on Navajoa. Tentative Parcel Map 97001 created four lots of 6, 684, 6, 689, 8, 700, and 9, 127 square feet each - the two larger parcels front on Navajoa while the other two lie on Morrc Road. This procedure is identical to that undertaken for the adjacent property to the north (TTM 96003/GPA 96005/ZC 96007) . ANALYSIS: Intrusion of commercial land uses into residential neighborhoods creates conflicts for both land uses . Increases in traffic, noise, and light from commercial development causes adverse impacts on residential areas. The parking areas required for office and comm rcial projects are not compatible with single family homes. Ps a result, commercial operations are often pressured to curtail their operations to a point below that of the same business in a commercial zone. iThis applicatior for general plan and zoning ordinance amendments can eliminate a potential conflict between commercial and residential uses . The two lots on Morro Road are suitable for commercial development, particularly professional offices . The two parcels with frontage on Navajoa Avenue are best suited for single family r sident'ial development in line with the existing character of thE street. CONCLUSIONS: The recommended General Plan and Zoning amendments will provide a more consistent land use pattern on Navajoa Avenue by eliminating the potential f r commercial intrusion into the residential neighborhood. he change in land use designation should benefit the entire resi ential neighborhood area while allowing for continuing office development along the Morro Road corridor. ATTACHMENTS: Attac ent A - General Plan Land Use Map Attac ent B - Zoning Map Attac ent C - Negative Declaration Attac ent D - TPM 97001 Staff Report Attac ent E- Draft Resolution 82-97 Attac ent F - Draft Ordinance 334 2 ����� Iillllll'�ud11m �� • L/ III/ul� .�Nill�� I r► ,�. t�� s���.....�...� /�������>>>i,� � I • e: 'd'� ave i�.� 3 . ON MEMO _�e ��► • ♦ ♦ ♦ . • • ' • 1 1 • 1 i � ��: .,=✓.mac_ �►- _ �.�•-��U�� •" tl CITY all lit IT Olk ♦ OO �I . VF , � ♦ DIV WON �. m ` O 10 AATTACHMENT C 0 F -/A.TASCA1)ER,�,= y rt? all ENV RCNMENTAL COO I ATOK NEGATIVE DECLARATION CONfiY1 JN=DEVELOPMENT DEPT. 6500 PALMA AVE. ATASCNDERO, CA 93422 (805) 461-5035 &PPLICANT: RELLy C-F-Ak NAR—F 6666 NAM ,-Yo k4 ?ROJECT TITLE: C ENERA L PL ASU ANS E1UJ tit rti T 9 7oc Z 1 Z cN E C,4NNC E 17-,7ee 3 ?ROJECT LOCATION: I GS I7 Z5 tv,4 U a-'off ,A U E . ?ROJECT DESCRIPTION:. C NAIVE F_ rgc LAlw) US i= DF,SiGGN4*01V FRom p FF(C E 7o 1-F I GN D E&I Si t y S I AJl-L F_ r-4/47to iz�l D�'�i! f"//�L=� A At) t# ZONE C4/W-5 TC/?Otit C LSF -X _ FINDINGS: 1. The project does not have the potential to degrade he environment 2. The project will not achieve short-term to the disadvantage of long-term environmental goals. . 3. The project does not have impacts which are individually limited. but comulatively considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. DETERMINATION: Based on the above findings, and the information contained in the initial study (made a part hereof by refer- mce and on file in the Community Development Department). it has been determined that the above project will not have an adverse impact on the environment STEVEN DECAMP .' CITY PLANNER . , Date Posted: : .7'U L)( 3 J 19 971 Date Adopted: ; A U G-U s-r 1411/ M 917 cuo��=gQ 0000 0 ATTACHMENT D GPA 97002/ZC97003 CITY OF ATASCADER Item: B . 3 STAFF REPORT FOR: Planning Conmission Meeting Date: March 4, 1997 BY Doug Davids n, Senior Planner File No: TPM 97001 SUBJECT: Consideration of a tentative parcel map application to subdivide one lot of 0 .72 a res into four (4) lots of 6, 684, 6,689, 8, 700, and 9, 127 acres each. RECOMNENDATION: Staff recommends the following actions: 1 . That the Negative Declaration (Attachment D) prepared for the project be found adequate under the requirements of the California Environmental Quality Act (CEQA) ; and 2 . That Tentative Parcel Map 97001 be approved based on the Findings foz Approval contained in Attachment E and the Conditions cf Approval contained in Attachment F. A. SITUATION AND ACTS: 1 . Applicant. . . . . . . . . . . . . . . . . . . .Kelly Gearhart 2 . Representative. . . . . . . . . . . . . . .Cannon Associates 3 . Project Address . . . . . . . . . . . . . .7400 Morro Road 4 . 'Site Area. . . . . . . . . . . . . . . . . . . . 0 .72 acres 6. Zoning. . . . . . . . . . . . . . . . . . . . . .CP (PD3) (Commercial Pro. ) 7 . General Plan Designation. . . . .Office 8 . Existing Use. . . . . . . . . . . . . . . . .Vacant 9. EnviroruiLental Status . . . . . . . . .Negative Declaration posted February 11, 1997 B. ANALYSIS: The proposed subdivision will create four parcels of 6, 684, 6, 689, 8, 700, and 9, 127 square feet each. The two smaller parcels would have access on Morro Road, while the other two lots will have frontage on Navajoa Avenue. 9 00311 G ATTACHMENT D (CONT . ) The site is designated "Office" on the Land Use Map -with a corresponding zoning of Commercial Professional (CP) with a Planned Development No. 3 Overlay. There is no minimum lot size in the CP zone. The PD_ 3 Overlay provides design guidelines to enhance the appearance of projects along Morro Road and preserve the residential character of neighboring residential area. It is the applicant' s intention to pursue general plan and zoning ordinance amendments to allow residential development on the two new lots which front on Navajoa Avenue; the existing Office designation will remain on the two new parcels fronting Morro Road. Staff supports this approach as a reasonable one to reflect the established neighborhood development pattern. Such support is consistent with action on other similar requests, most recently, the identical process which was completed for the adjacent parcel. (Tentative Tract Map 96003 at 7350 Morro Road was approved by the City Council on July 23, 1996 and the subsequent Resolution and Ordinance to change the land use designations were adopted by the Council October 8, 1996) . In the event that the land use changes to allow for future residential development are not forthcoming, the tentative map has been conditioned to preclude access from Navajoa. Access for any commercial development will be by easement from Morro Road. In addition, the typical residential setback of 25 feet is proposed in order to soften the physical and visual intrusion into the residential neighborhood. CONCLUSIONS: The proposed subdivision is a reasonable precursor to modification of the general plan and zoning ordinance to allow residential development on Navajoa Ave. and continuing the' pattern of office development along Morro Road. The tentative map is conditioned to protect the residential character if the anticipated general plan amendment is not completed. ATTACHMENTS : Attachment A—Location Map (General Plan) Attachment B—Location Map (Zoning) Attachment C—Tentative Parcel Map Attachment D—Negative Declaration Attachment E—Findings for Approval Attachment F—Conditions of Approval • 000032 ATTACHMENT F ORDINANCE NO. 334 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING THE OFFICIAL CITY ZONING MAP BY REZONING CERTAIN REAL PROPERTY AT 7405/7425 NAVAJOA AVENUE FROM CP (COMMERCIAL PROFESSIONAL) TO LSF-X (LIMITED SINGLE FAMILY - HIGH DENSITY) (ZONE CHANGE 97003 - GEARHART) WHEREAS, the proposed zoning text amendment proposes standards that are consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendment will not result in a significant adverse effect on the environment - the Negative Declaration prepared for the project is adequate as defined by the California Environmental Quality Act; and WHEREAS, the Atascadero Planning Commission held a public hearing on August 19, 1997 and has recommended approval of Zone • Change 97003 . NOW, THEREFORE, the Council of the City of Atascadero does ordain as folio s: Section 1 . Council Findings. 1 . , The proposal is compatible with the surrounding land use and zoning designations. 2 . The proposal is consistent with the General Plan Land Use Element. 3. The proposal will not result in any significant adverse environmental impacts. The Negative Declaration prepared for the project is adequate. Section 2 . Zoning Map. The City' s Official Zoning Map is hereby amended to reclassify the parcels listed below and as shown on the attached Exhibit A which is hereby made a part of this ordinance by reference: Assessor' s Parcel Map # 031-051-051 Lot 11, B1 ck RB, Atascadero Colony 000033 Ordinance No. 334 Page 2 Section 3. Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 4 . Effective Date. This ordinance shall go into effect and be in full force and effect at 12 : 01 a.m. on the 31st day after its passage. On motion by Councilperson and seconded by Councilpers.on the foregoing ordinance is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CA By: RAY JOHNSON, Mayor ATTEST: MARCIA M. TORGERSON, City Clerk APPROVED AS TO FORM: ROY A. HANLEY, City Attorney PREPARED BY: STEVEN L. DECAMP, ACTING COMMUNITY DEVELOPMENT DIRECTOR 000034 FS �� �� ► , � • • ' Ski • ��' �� � � O � � • . / . lam► ��:i moi•- ��/!J-��-.; �. �►`� • A ATTACHMENT E RESOLUTION NO. 82-97 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING AN AMENDMENT TO THE LAND USE MAP BY CHANGING THE LAND USE DESIGNATION OF CERTAIN REAL PROPERTY AT 7405/7425 NAVAJOA AVENUE FROM OFFICE TO HIGH DENSITY SINGLE FAMILY RESIDENTIAL (GPA #97002: Gearhart) WHEREAS, the City of Atascadero has grown considerably since incorporation; and WHEREAS, the City' s General Plan, which was prepared in the 1970' s, adopted in 1980, and amended in 1992 to guide the City's general growth is in need of updating; and WHEREAS; the Planning Commission of the City of Atascadero conducted a public hearing on the subject amendment on August 19, 1997; and WHEREAS, Government Code Section 65356 provides that a General Plan be amended by the adoption of a resolution; and WHEREAS, the Council of the City of Atascadero finds as follows: 1 . The proposed General Plan Amendment is consistent with the goals and policies of the General Plan. 2 . - The proposed General Plan Amendment will not have a significant adverse affect on the environment. The Negative Declaration prepared for the project is adequate. THEREFORE, the Council of the City of Atascadero does resolve to approve General Plan Amendment GPA #97002 as follows: 1 . Amendment to the General Plan Land Use Element, Land Use Map as shown on the attached "Exhibit All . 000036 Resolution No. 2-97 Page 2 On motion hy and seconded by the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES : NOES: ABSENT: DATE ADOPTED: CITY OF ATASCADERO, CA RAY JOHNSON, Mayor ATTEST: r MARCIA M. TORGE SON, City Clerk APPROVED AS TO ORM: ROY A. HANLEY, City Attorney PREPARED BY: STEVEN L. DECAM , Acting Community Development Director 100003'7 nd11u1 •�, � ��- r/ - W�1 �NO% ' loll now 'Z law At 1 1 i MINUTES EXCERPTS - 08/19/97 CITY OF ATASCADERO PLANNING COMMISSION 08/19/97 ACTION MINUTES SUBJECT: B. H ARINGS APPEARANCES AND REPORTS: 1. G NERAL PLAN AMENDMENT 97002/ZONE CHANGE 97003: Consideration of an application filed by Kelly G arhart to change the Land Use designation from O fice to High Density Single Family Residential aid a corresponding Zone Change from CP to LSF-X. S bject site is located at 7405/7425 Navajoa Avenue. STAFF RECOMMENDA ION: (Doug Davidson) Staff recommends that the Planning Commission: 1 . Find the Negative Declaration to be adequate under the guidelines f the California Environmental Quality Act. 2 . Recommend approval to the City Council of General Plan Amendment 97002 as contained in Resolution 82-97 . 3 . Recommend approval to the City Council of Zone Change 97003 as contained in Ordinance 334. Doug Davidson provided the staff report. TESTIMONY: John Falkenstie , applicant' s representative - offered to answer any questions that the Commissioner' s may have. Dorothy Home, 13 05 El Camino Real - stated that she was a co-owner of a residence at 7450 Navajoa inquired whether the proposed structures would be apartments or single family residences and expressed concern over drainage. Doug responded that there would be two (2 ) single family residences constructed at this site and the project would drain toward Morro Road. . . . . . . . . . . end of public testimony. . . . . . . . . . Commissioner Ar ambide - said he could understand the concern of drainage because there is a lot of dirt stockpiled and asked where the dirt was going. John Falkenstien answered that all the build- ing pads do get raised because of a 11100-year flood consideration" . He explained that there will be extensive drainage improvements on . Navajoa that will take the drainage out to Morro Road. 1 000039 Commissioner Johnson - was concerned with the separation of the residential from the commercial. Doug stated that the commercial will be separated by a solid barrier. ACTION: Find the Negative Declaration to be adequate under the guidelines of the California Environmental Quality Act. Motion: Johnson Second: Sauter AYES: Johnson, Sauter, Zimmerman, Clark, Arrambide, Hageman NOES : None ABSENT: Wallace MOTION PASSED: 6:0 ACTIO N: Recommend approval to the City Council of General Plan Amendment 97002 as contained in Resolution 82-97 . Motion: Johnson Second: Sauter AYES : Johnson, Sauter, Zimmerman, Clark, Arrambide, Hageman NOES : None ABSENT: Wallace MOTION PASSED: 6:0 ACTION: Recommend approval to the City Council of Zone Change 97003 as contained in Ordinance 334 . Motion: Johnson second: Sauter AYES : Johnson, Sauter, Zimmerman, Clark, Arrambide, Hageman NOES: None ABSENT: Wallace MOTION PASSED: 6:0 .000010 REPORT TO CITY C UNCIL ITY OF ATASCADERO A enda Item: - Through: Wade M Kinney Meeting Date: 09/09/97 City M nager File Number: ZC 97004 Via: Steven L. DeCamp Acting Community Development Director From: Doug Davidson Senior Planner SUBJECT: Adoption of Ordinance No. 333 amending the Zoning Ordinance text by adding "Utility Facilities" to the list of conditionally allowed uses in the Downtown Commercial Zone. RECOMMENDATION: Approval and adoption of Ordinance No. 333 on second reading. BACKGROUND: On August 26, 1997, the City Council conducted a public hearing on the above-refere ced application. The Council concurred with the Planning Commiss on' s recommendation and approved Ordinance No. 333 on first reading. /ph Attachments: Ordinance No. 333 • 0000.11 r ORDINANCE NO. 333 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCP.DERO AMENDING THE ZONING ORDINANCE TEXT BY ADDING "UTILITY FACILITIES" TO THE LIST OF CONDITIONALLY ALLOWED USES IN THE DOWNTOWN CODNERCIAL ZONE (ZONE CHANGE 97004 NEXTEL COHMNICATIONS, INC.) WHEREAS, the proposed zoning text amendment proposes standards that are consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendment will not result in a significant adverse effect on the environment - the Negative Declaration prepared for the project is adequate as defined by the California Environmental Quality Act; and WHEREAS, the Atascadero Planning Commission held a public hearing on August 5, 1997 and has recommended approval of Zone Change 97004 . NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1 . Council Findings. 1 . The proposal is compatible with the surrounding land use and zoning designations. 2 . The proposal is consistent with the General Plan Land Use Element. 3. The proposal will not result in any significant adverse environmental impacts. The Negative Declaration prepared for the project is adequate. Section 2. Zoning Ordinance Text The City' s Zoning Ordinance Text is hereby amended to add "utility services" to the list of conditionally allowed uses in the Downtown Commercial Zone as shown on the attached Exhibit A which is hereby made a part of this ordinance by reference 000042 Ordinance No. 333 Page 2 Section 3 . Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall --cause this ordinance and this certification together with p oof of posting to be entered into the Book of Ordinances of the City. Section 4 . Effective Date. This ordinance shall go into effect and be in full force and effect at 12 : 01 a.m. on the 31st day after its passage. On motion hy Councilperson and seconded by Cou cilperson the foregoing ordinance is he eby adopted in its entirety on the following roll call vote: AYES : NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CA By: RAY JOHNSON, Mayor ATTEST: MARCIA M. TORGE SON, City Clerk APPROVED AS TO ORM: ROY A. HANLEY, Gity Attorney PREPARED BY: STEVEN L. DECAMI ACTING COMMUNITY DEVELOPMENT DIRECTOR 00001°13 EXHIBIT A ORDINANCE 333 DOWNTOWN ZONE 2 DC (Downtown Commercial) Zone 9-3.271 . Purpose: This zone is established to encourage a wide variety of retail, office, restaurant, personal service, and other commercial activities. 9-3 .272 . Allowable Uses: The following uses shall be allowed in the Downtown Commercial Zone. The establishment of allowed uses shall be as provided by Section 9-2.107 (Plot Plans) and Section 9-2 .108 (Precise Plans) : (a) Food and beverage retail sales (b) Furniture, home furnishings and equipment (c) General merchandise stores (d) Temporary or seasonal sales (e) Health care services (f) Libraries and museums (g) Offices (h) Personal- services (i) Utility offices (j) Eating and drinking places (exclusive of drive through facilities) (k) Temporary events (1) Broadcasting studios (m) Building materials and hardware (where all areas of use are within a building) (n) Financial services (exclusive of drive through facilities) (o) Residences (second floor use only) (p) Schools - Business and vocational (second floor use only) 9-3 .273 . Conditional Uses: The following uses may be allowed in the Downtown Commercial Zone. The establishment of conditional uses shall be as provided by Section 9-2.109 000044 (+)U ILI TY FACILITIES (Conditio al Use Permits) : (a) Amusement services (b) Public assembly and entertainment (c) Hotels and motels (d) Schools - Business and vocational (first floor use) (e) Transit terminal (where no storage or repair of vehicles occurs) 9-3 .274 . Lot Sizes: There shall be no minimum lot size in the Downtown Commercial Zone. 9-3 .275 . Setbacks: Setbacks shall be as follows: 1 . Eront Setback: a. E1 Camino Real north of West Mall: No setback allowed b. E1 Camino Real south of West Mall: Variable (to be established during design review) C. Traffic Way: No setback allowed 2 . Bear Setback: None required 3. Side Setback: None required 4 . Creek Setback: Variable (to be established during design review) 9-3 .276. Parking Re irements: 1 . The parking requirements for uses located in this zone shall be as required in Table 1 of the Downtown Master Plan. 2, For existing buildings, only the parking needed for additions thereto, or for changes in occupancy which increase parking relative to the prior use, shall be required. 3. The parking space requirements may be met by: a. Providing the required spaces on the site occupied y the use; b. Providing the required spaces off-site, but within 900015 five hundred feet of the proposed use, in a lot owned or leased by the developer of the proposed use; c. Participating in a commonly held and maintained off-site parking lot where other businesses maintain their required spaces; d. Any combination of subsections a. through c. above. 0000.46