HomeMy WebLinkAboutCC_2024_07_09_AgendaPacket CITY OF ATASCADERO CITY COUNCIL AGENDA
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City Council agendas and minutes may be viewed on the City's website:
www.atascadero.org/agendas
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 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
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be noted in the Minutes and available for review by contacting the City Clerk's office. All documents will be
available for public inspection by appointment during City Hall business hours.
Page 1 of 54
CITY OF ATASCADERO
CITY COUNCIL
AGENDA
Tuesday, July 9, 2024
City Hall Council Chambers, Fourth Floor
6500 Palma Avenue, Atascadero, California
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: Mayor Moreno
ROLL CALL: Mayor Moreno
Mayor Pro Tem Funk
Council Member Bourbeau
Council Member Dariz
Council Member Newsom
PRESENTATIONS:
1. Proclamation Declaring July as Parks Make Life Better Month
A. CONSENT CALENDAR: (All items on the consent calendar are considered routine and
non-controversial by City staff and will be acted upon by a single action of the City Council
unless otherwise requested by an individual Council Member for separate consideration.
Public comment on Consent Calendar items will be invited prior to action on the Calendar.)
1. City Council Draft Minutes – June 25, 2024, Regular Meeting
▪ Recommendation: Council approve the June 25, 2024, Draft City Council
Regular Meeting Minutes. [City Clerk]
2. Dove Creek Mixed-use Project
▪ Fiscal Impact: The proposed project is expected to generate revenue through
Transient Occupancy Tax (TOT) from the hotel units and sales tax from the
retail commercial uses. Based on City policy, this project is required to annex
automatically into the established Community Facilities District (CFD) to offset
the cost of City services for the new residential units.
▪ Recommendation: Council adopt on second reading, by title only, Draft
Ordinance amending Title 9 of the Atascadero Municipal Code by approving
text amendments to the Planned Development #12 Overlay Zone, based on
findings, and subject to conditions of approval. [Community Development]
City Council Regular Session: 6:00 P.M.
Page 2 of 54
3. Reject Bids for 2024 Measure F-14 Pavement Rehabilitation Project
▪ Fiscal Impact: Estimated expenditures of $2,500 of design consultant fees,
public advertisement, and staff time toward the project budget.
▪ Recommendation: Council:
1. Reject all three received bids for the 2024 Measure F-14 Pavement
Rehabilitation Project (Project No. C2023R01).
2. Direct the City Engineer to evaluate and implement measures to reduce
project costs and resolicit construction bids for the 2024 Measure F-14
Pavement Rehabilitation Project. [Public Works]
4. Design Award for 2025 Measure F-14 Pavement Rehabilitation Project
▪ Fiscal Impact: Estimated expenditures of $208,950 from Sales Tax Measure
F-14 Funds for the design phase of the 2025 F-14 Project. The adopted
Budget includes $50,000 in FY23/24 for the 2025 F-14 Project and $100,000
in FY24/25, with a total project budget of $2,800,000.
▪ Recommendation: Council award a professional services agreement with Rick
Engineering Company for $208,950 to provide design engineering and
prepare bidding documents for the 2025 Measure F-14 Pavement
Rehabilitation Project (Project No. C2024R01). [Public Works]
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 (805) 470-3400, or cityclerk@atascadero.org.)
B. PUBLIC HEARINGS:
1. Amendment to Grand Oaks Paseo Master Plan of Development
▪ Fiscal Impact: As the project is already within the boundaries of the Citywide
Community Facilities District, the added units above the community center are
required to be automatically included within the special tax district, providing
fiscal neutrality for the amended project site. Other requested changes will
have no affect.
▪ Recommendation: Planning Commission recommends Council:
1. Introduce for first reading, by title only, Draft Ordinance amending Planned
Development Overlay Zone #27 for the Grand Oaks Paseo project.
2. Adopt Draft Resolution approving amendments to the Grand Oaks Paseo
Master Plan of Development (AMND24-0045) to modify the common open
space and amenity plan, delete unit 14, and add 2 residential units above
the community building, based on findings and subject to conditions of
approval. [Community Development]
C. MANAGEMENT REPORTS: None.
Page 3 of 54
D. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS: (On their own
initiative, Council Members may make a brief announcement or a brief report on their
own activities. The following represent standing committees. Informative status
reports will be given, as felt necessary):
Mayor Moreno
1. City Selection Committee
2. County Mayors Round Table
3. Regional Economic Action Coalition (REACH)
4. SLO Council of Governments (SLOCOG)
5. SLO Regional Transit Authority (RTA)
Mayor Pro Tem Funk
1. Atascadero Basin Ground Water Sustainability Agency (GSA)
2. Design Review Committee
3. Homeless Services Oversight Council
Council Member Bourbeau
1. City of Atascadero Finance Committee
2. City / Schools Committee
3. Integrated Waste Management Authority (IWMA)
4. SLO County Water Resources Advisory Committee (WRAC)
Council Member Dariz
1. Air Pollution Control District
2. California Joint Powers Insurance Authority (CJPIA) Board
3. Community Action Partnership of San Luis Obispo (CAPSLO)
4. Design Review Committee
5. Visit SLO CAL Advisory Committee
Council Member Newsom
1. City of Atascadero Finance Committee
2. City / Schools Committee
3. League of California Cities – Council Liaison
E. INDIVIDUAL DETERMINATION AND / OR ACTION: (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.)
1. City Council
2. City Clerk
3. City Treasurer
4. City Attorney
5. City Manager
ADJOURNMENT
Page 4 of 54
7/9/24 | Item A1
CITY OF ATASCADERO
CITY COUNCIL
DRAFT MINUTES
Tuesday, June 25, 2024
City Hall Council Chambers, Fourth Floor
6500 Palma Avenue, Atascadero, California
REGULAR SESSION — CALL TO ORDER: 6:00 P.M.
Mayor Moreno called the meeting to order at 6:01 P.M. and Mayor Moreno led the Pledge
of Allegiance.
ROLL CALL:
Present: Council Members Bourbeau, Dariz, Mayor Pro Tem Funk, and Mayor
Moreno
Absent: Council Member Newsom
Others Present: City Treasurer Sibbach (by teleconference)
Staff Present: City Manager James R. Lewis, Deputy City Manager/City Clerk Lara
Christensen, Administrative Services Director Jeri Rangel, Public
Works Director Nick DeBar, City Attorney Dave Fleishman, Deputy City
Manager – IT Luke Knight, Police Commander Jeffrey Wilshusen,
Battalion Chief David Van Son, Planning Manager Kelly Gleason,
Senior Planner Xzandrea Fowler, and Public Works Analyst Ryan Betz.
A. CONSENT CALENDAR:
1. City Council Draft Minutes – June 11, 2024, Regular Meeting
▪ Recommendation: Council approve the June 11, 2024, Draft City Council
Regular Meeting Minutes. [City Clerk]
2. May 2024 Accounts Payable & Payroll
▪ Fiscal Impact: $4,611,545.51.
▪ Recommendation: Council approve certified accounts payable, payroll and
payroll vendor checks for May 2024. [Administrative Services]
3. Atascadero Transit Driver Services Contract Award
▪ Fiscal Impact: Awarding a contract with MV Transportation would result in an
estimated contract amount of $229,635 for FY24/25. Atascadero DAR is
funded through fare box revenue and state and federal transit funds.
City Council Regular Session: 6:00 P.M.
Page 5 of 54
7/9/24 | Item A1
▪ Recommendation: Council award a contract with MV Transportation, Inc. to
provide Atascadero Dial-A-Ride transit driver services for $229,635 for
FY24/25 contract term with four optional one-year extensions. [Public Works]
4. Ballot Measures – Ordinances Second Reading
▪ Fiscal Impact: The proposed sales tax measure, extending Measure F-14,
would generate an estimated $3 million in annual revenue. The total cost of
placing the measures on the ballot is estimated to be approximately $12,000
of budgeted General Funds.
▪ Recommendation: Council:
1. Adopt on second reading, by title only, Draft Ordinance A amending Title
3, Chapter 17 of the Atascadero Municipal Code, extending a transactions
and use tax to be administered by the California Department of Tax and
Fee Administration.
2. Adopt on second reading, by title only, Draft Ordinance B amending Title
2, Chapters 4, 7, 14, and 20 of the Atascadero Municipal Code, stating that
the City Treasurer is appointive and authorizing the City Manager to
appoint the City Treasurer, subject to adoption by the electorate.
3. Adopt Draft Resolution amending Resolution Nos. 2024-036, 2024-037,
2024-038, and 2024-039 to add a ballot measure title and further clarify the
ballot question for added transparency. [City Clerk]
5. Objective Design Standards – Ordinance Second Reading
▪ Fiscal Impact: None.
▪ Recommendation: Council adopt on second reading, by title only, Draft
Ordinance entitled “An ordinance of the City Council of the City of Atascadero,
California, amending Title 9: Planning and Zoning, to adopt objective design
standards and other related amendments for consistency.”
[Community Development]
6. Labor Agreements and Salary Schedules
▪ Fiscal Impact: For Fiscal Year 2024-2025, it is estimated that salary
adjustments will cost approximately $430,000, about $90,000 of which is
already budgeted. Fiscal Years 2025-2026 and 2026-2027 are expected to
cost an additional $1.7 million combined. Additional costs for the workers’
compensation coverage will be about $76,500.
▪ Recommendation: Council:
1. Approve the Memorandum of Understanding for Service Employees
International Union Local 620.
2. Adopt Draft Resolution for Non-Represented Professional and
Management Workers and Confidential Employees.
3. Approve the Side Letter of Agreement for Atascadero Police Association
4. Approve the Salary Schedule for Fiscal Years 2024-2025, 2025-2026, and
2026-2027.
5. Authorize the Director of Administrative Services to appropriate $225,000
in General Fund Reserves, $15,000 in Gas Tax Funds, $60,000 in
Wastewater Funds, $10,000 in Building Maintenance and Replacement
Funds and $30,000 in Technology Funds for the salary adjustments for
Fiscal Year 2024-2025.
6. Authorize the Director of Administrative Services to appropriate $76,500 in
General Fund Reserves for the workers’ compensation insurance for Fiscal
Year 2024-2025. [City Manager]
Page 6 of 54
7/9/24 | Item A1
7. Design Engineer Contract Amendment for the ECR Project (El Camino Real
Downtown Infrastructure Enhancement Project)
▪ Fiscal Impact: Approving staff’s recommendation will result in estimated
expenditures of $80,280 from the El Camino Real Downtown Infrastructure
Enhancement Project budgeted funds. At the May 28, 2024, Council meeting
when the construction contract was awarded, the estimated expenditures for
Design Engineering Construction Support was $50,000, or a net difference of
$30,280 from the construction contingency of $528,186.
▪ Recommendation: Council authorize a contract amendment with Wallace
Group for $80,280 to perform additional work associated with construction
phase engineering support, survey monument perpetuation, and preparation
of final construction as-builts for the El Camino Real Downtown Infrastructure
Enhancement Project (Project No. C2017T01). [Public Works]
PUBLIC COMMENT:
Mayor Moreno opened the Public Comment period.
The following persons spoke on this item: Devon Haggie and Geoff Auslen.
Mayor Moreno closed the Public Comment period.
MOTION BY: Funk
SECOND BY: Dariz
1. Approve Consent Calendar (#A-3: Contract No. 2024-009) (#A-4: Ordinance Nos.
672 through 673; Resolution No. 2024-040) (#A-5: Ordinance No. 671) (#A-6:
Contract Nos. 2024-010 through 011; Resolution No. 2024-041) (#A-7: Contract No.
2021-032[A4]).
AYES (4): Bourbeau, Dariz, Funk, and Moreno
ABSENT (1): Newsom
Passed 4-0
UPDATES FROM THE CITY MANAGER:
City Manager Lewis gave an update on projects and events within the City.
COMMUNITY FORUM:
The following persons spoke on this item: Thom Waldman, Tori Keen, Randy Carminati,
Devon Haggie, Geoff Auslen, and David Ledger.
B. PUBLIC HEARINGS:
1. Dove Creek Mixed-use Project
▪ Fiscal Impact: The proposed project is expected to generate revenue through
Transient Occupancy Tax (TOT) from the hotel units and sales tax from the
retail commercial uses. Based on City policy, this project is required to annex
into the established Community Facilities District (CFD) to offset the cost of
City services for the new residential units.
▪ Recommendation: Planning Commission recommends Council:
1. Introduce for first reading, by title only, a Draft Ordinance amending Title 9
of the Atascadero Municipal Code by approving text amendments to the
Planned Development #12 Overlay Zone, based on findings.
Page 7 of 54
7/9/24 | Item A1
2. Adopt a Draft Resolution approving a Conditional Use Permit (DEV23-
0079) to amend the Dove Creek Master Plan of Development (CUP 2003-
0099) for the Dove Creek commercial parcel, modify the parking
requirement and hotel development standards, and approve Vesting
Tentative Tract Map (TR 3229) for a lot and condominium airspace
subdivision and find that the project is consistent with the previously
certified Mitigated Negative Declaration (EDN 2004-0026) prepared for the
Dove Creek Development Project, based on findings and subject to
conditions of approval. [Community Development]
Ex-Parte: All Council Members reported receiving emails from Dove Creek residents
regarding the project. Mayor Pro Tem Funk reported conversations with Dove Creek
homeowners and the developers of the proposed project.
Community Development Planning Manager Gleason and Senior Planner Fowler gave the
report and answered questions from Council.
PUBLIC COMMENT:
Mayor Moreno opened the Public Comment period.
The following persons spoke on this item: Thom Jess, Steve Ross, Susan Harvey, Bob Gold,
Tim LaSalle, Devon Haggie, Jack Phelan, Ted Lawton, Randy Carminati, David Singer, and
Geoff Auslen.
Mayor Moreno recessed the meeting at 8:01 P.M.
Mayor Moreno reconvened the meeting at 8:17 P.M.
Mayor Moreno closed the Public Comment period.
MOTION BY: Bourbeau
SECOND BY: Funk
1. Introduce for first reading, by title only, Ordinance No. 674 amending Title 9 of the
Atascadero Municipal Code by approving text amendments to the Planned
Development #12 Overlay Zone, based on findings, with the following changes:
Section 9-3.657 Establishment of Planned Development Overlay Zone No. 12 (PD12):
1) Artisan Food and Products;
2) Bar/Tavern;
3) Farmer’s Market;
4) Food and beverage retail sales;
5) General Retail;
6) Indoor Recreation Services;
7) Microbrewery/Brewpub;
8) Tasting Room;
9) Winery – Boutique;
10) Temporary or seasonal sales;
11) Financial services;
12) Offices;
13) Temporary offices;
14) Personal services;
15) Eating and drinking places;
16) Membership organizations;
17) Schools—business and vocational;
Page 8 of 54
7/9/24 | Item A1
18) Hotels and motels;
19) Bed and breakfast;
20) Libraries and museums;
21) Temporary events.
2. Adopt Resolution No. 2024-042 approving Conditional Use Permit to amend the
Dove Creek Master Plan of Development for the Dove Creek commercial parcel,
modify the parking requirement and hotel development standards, and approve
Vesting Tentative Tract Map for a lot and condominium airspace subdivision and
find that the project is consistent with the previously certified Mitigated Negative
Declaration prepared for the Dove Creek Development Project, based on findings
and subject to conditions of approval, and directed staff to update the conditions
to include language covering the following changes:
• Remove Condition #15
• Add requirement that hotel maintain a 24 hour local contact
• Add requirement that a separate deed covenant be recorded prior to, or
concurrently wit recordation of the final map that includes:
o Vehicles required to be parked in garages
o Residential until cannot be used for short-term rental with the
exception of owner or long-term tenant occupied homes
• Add requirement for traffic signs and pavement markings on Bliss and
Cashin as approved by the City Engineer.
AYES (4): Bourbeau, Dariz, Funk, and Moreno
ABSENT (1): Newsom
Passed 4-0
2. Apple Valley Assessment District
▪ Fiscal Impact: Annual assessments for 2024/2025 will total $38,500 for
road/drainage system maintenance and $63,000 for landscape and lighting
maintenance. These amounts will be assessed to the owners of parcels in
Apple Valley. Contributions of $11,000 for half the cost of the park will be
made from the City’s General Fund, and an equal revenue source will be
recognized from contributions made by the developer.
▪ Recommendation: Council:
1. Adopt Draft Resolution A, approving the final Engineer’s Report regarding
the Street and Storm Drain Maintenance District No. 01 (Apple Valley), and
the levy and collection of annual assessments related thereto for Fiscal
Year 2024/2025.
2. Adopt Draft Resolution B, ordering the levy and collection of assessments
for Fiscal Year 2024/2025 for Street and Storm Drain Maintenance District
No. 01 (Apple Valley).
3. Adopt Draft Resolution C, approving the final Engineer’s Report regarding
the Landscaping and Lighting District No. 01 (Apple Valley), and the levy
and collection of annual assessments related thereto in Fiscal Year
2024/2025.
4. Adopt Draft Resolution D, ordering the levy and collection of assessments
for Fiscal Year 2024/2025 for Landscaping and Lighting District No. 01
(Apple Valley). [Administrative Services]
Ex-Parte: None.
Page 9 of 54
7/9/24 | Item A1
Administrative Services Director Rangel gave the report and answered questions from Council.
PUBLIC COMMENT:
Mayor Moreno opened the Public Comment period.
The following persons spoke on this item: None.
Mayor Moreno closed the Public Comment period.
MOTION BY: Bourbeau
SECOND BY: Funk
1. Adopt Resolution No. 2024-043, approving the final Engineer’s Report regarding the
Street and Storm Drain Maintenance District No. 01 (Apple Valley), and the levy and
collection of annual assessments related thereto for Fiscal Year 2024/2025.
2. Adopt Resolution No. 2024-044, ordering the levy and collection of assessments for
Fiscal Year 2024/2025 for Street and Storm Drain Maintenance District No. 01 (Apple
Valley).
3. Adopt Resolution No. 2024-045, approving the final Engineer’s Report regarding the
Landscaping and Lighting District No. 01 (Apple Valley), and the levy and collection
of annual assessments related thereto in Fiscal Year 2024/2025.
4. Adopt Resolution No. 2024-046, ordering the levy and collection of assessments for
Fiscal Year 2024/2025 for Landscaping and Lighting District No. 01 (Apple Valley).
AYES (4): Bourbeau, Dariz, Funk, and Moreno
ABSENT (1): Newsom
Passed 4-0
3. De Anza Assessment District
▪ Fiscal Impact: Annual assessments for 2024/2025 will total $30,562 for
road/drainage system maintenance and $15,875 for landscape and lighting
maintenance. These amounts will be assessed to the owners of parcels in De
Anza Estates. The City General Fund will contribute $1,400 for the Fiscal Year
2024/2025 for half of the maintenance costs of the trails and open space.
▪ Recommendation: Council:
1. Adopt Draft Resolution A, approving the final Engineer’s Report regarding
the Street and Storm Drain Maintenance District No. 03 (De Anza Estates),
and the levy and collection of annual assessments related thereto for Fiscal
Year 2024/2025.
2. Adopt Draft Resolution B, ordering the levy and collection of assessments
for Fiscal Year 2024/2025 for Street and Storm Drain Maintenance District
No. 03 (De Anza Estates).
3. Adopt Draft Resolution C, approving the final Engineer’s Report regarding
the Landscaping and Lighting District No. 03 (De Anza Estates), and the
levy and collection of annual assessments related thereto in Fiscal Year
2024/2025.
4. Adopt Draft Resolution D, ordering the levy and collection of assessments
for Fiscal Year 2024/2025 for Landscaping and Lighting District No. 03 (De
Anza Estates). [Administrative Services]
Ex-Parte: None.
Administrative Services Director Rangel gave the report and answered questions from Council.
Page 10 of 54
7/9/24 | Item A1
PUBLIC COMMENT:
Mayor Moreno opened the Public Comment period.
The following persons spoke on this item: None.
Mayor Moreno closed the Public Comment period.
MOTION BY: Bourbeau
SECOND BY: Funk
1. Adopt Resolution No. 2024-047, approving the final Engineer’s Report regarding the
Street and Storm Drain Maintenance District No. 03 (De Anza Estates), and the levy
and collection of annual assessments related thereto for Fiscal Year 2024/2025.
2. Adopt Resolution No. 2024-048, ordering the levy and collection of assessments for
Fiscal Year 2024/2025 for Street and Storm Drain Maintenance District No. 03 (De
Anza Estates).
3. Adopt Resolution No. 2024-049, approving the final Engineer’s Report regarding the
Landscaping and Lighting District No. 03 (De Anza Estates), and the levy and
collection of annual assessments related thereto in Fiscal Year 2024/2025.
4. Adopt Resolution No. 2024-050, ordering the levy and collection of assessments for
Fiscal Year 2024/2025 for Landscaping and Lighting District No. 03 (De Anza
Estates).
AYES (4): Bourbeau, Dariz, Funk, and Moreno
ABSENT (1): Newsom
Passed 4-0
4. Las Lomas (Woodridge) Assessment District
▪ Fiscal Impact: Annual assessments for 2024/2025 will total $101,506 for
road/drainage system maintenance and $76,014 for landscape and lighting
maintenance. These amounts will be assessed to the owners of parcels in Las
Lomas (Woodridge). The City General Fund will contribute $2,600 for the Fiscal
Year 2024/2025 for 25% of the maintenance costs of the trails and open space.
▪ Recommendation: Council:
1. Adopt Draft Resolution A, approving the final Engineer’s Report regarding
the Street and Storm Drain Maintenance District No. 02 (Las Lomas
[Woodridge]), and the levy and collection of annual assessments related
thereto for Fiscal Year 2024/2025.
2. Adopt Draft Resolution B, ordering the levy and collection of assessments
for Fiscal Year 2024/2025 for Street and Storm Drain Maintenance District
No. 02 (Las Lomas [Woodridge]).
3. Adopt Draft Resolution C, approving the final Engineer’s Report regarding
the Landscaping and Lighting District No. 02 (Las Lomas [Woodridge]), and
the levy and collection of annual assessments related thereto in Fiscal Year
2024/2025.
4. Adopt Draft Resolution D, ordering the levy and collection of assessments
for Fiscal Year 2024/2025 for Landscaping and Lighting District No. 02 (Las
Lomas [Woodridge]). [Administrative Services]
Ex-Parte: None.
Administrative Services Director Rangel gave the report and answered questions from Council.
Page 11 of 54
7/9/24 | Item A1
PUBLIC COMMENT:
Mayor Moreno opened the Public Comment period.
The following persons spoke on this item: None.
Mayor Moreno closed the Public Comment period.
MOTION BY: Bourbeau
SECOND BY: Funk
1. Adopt Resolution No. 2024-051, approving the final Engineer’s Report regarding the
Street and Storm Drain Maintenance District No. 02 (Las Lomas [Woodridge]), and
the levy and collection of annual assessments related thereto for Fiscal Year
2024/2025.
2. Adopt Resolution No. 2024-052, ordering the levy and collection of assessments for
Fiscal Year 2024/2025 for Street and Storm Drain Maintenance District No. 02 (Las
Lomas [Woodridge]).
3. Adopt Resolution No. 2024-053, approving the final Engineer’s Report regarding the
Landscaping and Lighting District No. 02 (Las Lomas [Woodridge]), and the levy
and collection of annual assessments related thereto in Fiscal Year 2024/2025.
4. Adopt Resolution No. 2024-054, ordering the levy and collection of assessments for
Fiscal Year 2024/2025 for Landscaping and Lighting District No. 02 (Las Lomas
[Woodridge]).
AYES (4): Bourbeau, Dariz, Funk, and Moreno
ABSENT (1): Newsom
Passed 4-0
5. Adopting Sewer Service Charges to be Added to the 2024-2025 Property Tax
Rolls
▪ Fiscal Impact: The City estimates it will collect approximately $4,783,551 in
sewer service charges for Fiscal Year 2024-25. Revenue from sewer service
charges is paid to the City twice each year. An additional two dollars are added
to each property on the tax roll to cover the County fee to administer the levy
process.
▪ Recommendation: Council:
1. Conduct a public hearing to receive verbal testimony regarding the
proposed sewer service charges to be levied onto property tax rolls.
2. Adopt Draft Resolution approving sewer service charges to be added to
the 2024-2025 property tax rolls. [Public Works]
Ex-Parte: None.
Public Works Director DeBar and Public Works Analyst Betz gave the report and answered
questions from Council.
PUBLIC COMMENT:
Mayor Moreno opened the Public Comment period.
The following persons spoke on this item: None.
Mayor Moreno closed the Public Comment period.
Page 12 of 54
7/9/24 | Item A1
MOTION BY: Bourbeau
SECOND BY: Funk
1. Adopt Resolution No. 2024-055 approving sewer service charges to be added to the
2024-2025 property tax rolls.
AYES (4): Bourbeau, Dariz, Funk, and Moreno
ABSENT (1): Newsom
Passed 4-0
C. MANAGEMENT REPORTS: None.
D. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS:
The following Council Members gave brief update reports on their committees since their
last Council meeting:
Mayor Moreno
2. County Mayors Round Table
Council Member Bourbeau
3. Integrated Waste Management Authority (IWMA)
E. INDIVIDUAL DETERMINATION AND / OR ACTION: None.
ADJOURNMENT:
Mayor Moreno adjourned the meeting at 9:40 P.M.
MINUTES PREPARED BY:
______________________________________
Lara K. Christensen
City Clerk
APPROVED:
Page 13 of 54
CITY OF ATASCADERO
CITY COUNCIL STAFF REPORT Item A2
Department: Community
Development
Date: 7/9/24
Placement: Consent
TO: JAMES R. LEWIS, CITY MANAGER
FROM: PHIL DUNSMORE, COMMUNITY DEVELOPMENT DIRECTOR
PREPARED BY: XZANDREA FOWLER, SENIOR PLANNER
SUBJECT: Dove Creek Mixed-use Project
RECOMMENDATION:
Council adopt on second reading, by title only, Draft Ordinance amending Title 9 of the Atascadero
Municipal Code by approving text amendments to the Planned Development #12 Overlay Zone,
based on findings, and subject to conditions of approval.
DISCUSSION:
On June 25, 2024, the City Council reviewed a proposed mixed-use development project for the
Dove Creek commercial site. At that meeting, the City Council approved a Conditional Use Permit
(DEV23-0079) to amend the Dove Creek Master Plan of Development (CUP 2003-0099) for the
Dove Creek commercial parcel, modify the parking requirements and hotel development
standards, and approve Vesting Tentative Tract Map (TR 3229) for a 7-lot and condominium
airspace subdivision.
The proposed project consists of:
• 71 residential condominium units with 24 one-bedroom and 47 two-bedroom units
divided among 4 separate residential buildings.
• A 20-room hotel with a full kitchen in each unit with a mix of one- and two-bedroom units.
• 14,840 square feet of commercial tenant space divided among 4 separate buildings that
are clustered around a communal courtyard.
• A Vesting Tentative Tract Map to create a 7-lot and condominium airspace subdivision.
A review and update to the Planned Development #12 (PD-12) Overlay Zone was also necessary
to accommodate the uses envisioned in the proposed project. The City Council introduced the
ordinance for first reading at the June 25, 2024, meeting, consistent with the amended Master
Plan of Development, and made the following changes to the PD-12 language:
Page 14 of 54
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• Typographical correction to retain Microbrewery/Brewpub as an allowable use on the PD-
12 use list.
• Removed Libraries and Museums and Schools – Business and Vocational from the
allowable PD-12 use list.
• Changed Financial Services, Membership Organizations, and Offices to be conditionally
allowable uses on the PD-12 use list.
The action also included the following modifications to the conditions of approval for the Master
Plan of Development.
• Added conditions of approval to address the following:
• Requirements for a local hotel manager
• Reservation of residential garages for vehicle parking
• Limitation on short-term rental of the 71 residential units
• Removal of the inclusionary housing deed restriction requirement in favor of
affordability by design allowances
• Additional traffic control measures on Cashin Street at El Camino Real
ENVIRONMENTAL DETERMINATION:
A Mitigated Negative Declaration (EDN 2004-0026) was certified by the City Council on September
14, 2004, for the Dove Creek development. The Mitigated Negative Declaration (MND) evaluated
the entire Dove Creek Master Plan and specifically analyzed the potential impacts of the
commercial development on the project site with 60,000 sq. ft. of future commercial retail space,
including a 26,500 sq. ft. anchor tenant.
To support a determination of consistency with the previously certified MND, the applicant
prepared a series of comparative analysis to evaluate whether the project would result in a
greater impact on resources than previously identified. The applicant team provided analysis
related to traffic and sewer capacity. The traffic analysis showed a reduction in anticipated peak-
hour trips based on the proposed mix of land uses. The sewer capacity analysis showed that,
while there will likely be an increase in peak flows, the sewer lines as designed are sized
appropriately to accommodate the proposed development.
FISCAL IMPACT:
The proposed project is expected to generate revenue through Transient Occupancy Tax (TOT)
from the hotel units and sales tax from the retail commercial uses. Based on City policy, this
project is required to annex automatically into the established Community Facilities District (CFD)
to offset the cost of City services for the new residential units.
Page 15 of 54
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REVIEWED BY OTHERS:
This item has been reviewed by the Community Development Director and Administrative
Services Director.
REVIEWED AND APPROVED FOR COUNCIL AGENDA
________
Lara K. Christensen, Deputy City Manager
ATTACHMENTS:
1. Draft Ordinance
Page 16 of 54
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DRAFT ORDINANCE
ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO, CALIFORNIA, AMENDING THE ATASCADERO
MUNICIPAL CODE, TITLE 9: PLANNING AND ZONING, APPROVING
TEXT AMENDMENTS TO THE PLANNED DEVELOPMENT #12
OVERLAY ZONE
DOVE CREEK MIXED-USE
MONTAGE DEVELOPMENT, INC.
(DEV23-0079)
WHEREAS, an application has been received from Montage Development, Inc. (23945
Calabasas Road, Suite 116, Calabasas, CA 91302), Applicant and Seung M. Yoon (6130 Via
Huerto Court, Atascadero, CA 93422), Owner, to consider a project consisting of a Zoning Text
Change to Planned Development Overlay Zone No.12, a Vesting Tentative Tract Map, an
Amendment to the Master Plan of Development (Conditional Use Permit), and Modification of
the Parking Requirement and the Hotel Development Standards; and
WHEREAS, the site’s current General Plan Land Use Designation is Mixed-Use Planned
Development (MU-PD); and
WHEREAS, the site’s current Zoning Designation is Commercial Retail (CR) with a
Planned Development No. 12 (PD 12) overlay; and
WHEREAS, PD12 was established in 2004 with the approval of the Dove Creek
Development and modifications to the zoning overlay district are necessary for consistency with
the revised Master Plan of Development; and
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact amendments to Planned Development Overlay #12 for consistency with the revised
Master Plan of Development, including incorporation of land use definitions updated between
overlay zone adoption in 2004 and today; and
WHEREAS, the site has previously been identified by the City Council as a key
development opportunity site for future mixed-use/residential development (in commercial zoning
districts) with a maximum allowable density of 24 units per acre; and
WHEREAS, the minimum lot size in the CR zoning district is 2 acres; and
WHEREAS, smaller lot sizes are allowed for commercial projects that provide shared
access and parking and are designed as an integrated commercial center; and
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WHEREAS, the proposed subdivision will result in seven parcels ranging from 0.33 to
2.74 acres with allowances for residential and/or commercial condominium airspace units on each
parcel to accommodate individual sale of residential units and commercial tenant spaces; and
WHEREAS, the Atascadero Municipal Code allows for the establishment of custom
Planned Development Overlay Zones to create custom zoning for unique projects and allow for a
mix of commercial and residential uses that would otherwise not be permitted by underlying
zoning; and
WHEREAS, shared parking and access easements are required to be recorded to ensure
that all parcels have legal access from the adjacent rights-of-way; and
WHEREAS, the project was reviewed by the Design Review Committee at their regularly
scheduled meeting on September 14, 2023; and
WHEREAS, a timely and properly noticed Public Hearing upon the subject 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 application; 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Planning Commission Recommendation. The Planning Commission of the
City of Atascadero, on May 21, 2024, held a timely and properly noticed Public Hearing upon the
subject Title 9 Atascadero Municipal Code amendments in association with the Amendment to the
Master Plan of Development (CUP 2003-0099), Vesting Tentative Tract Map (TR 3229), at which
hearing evidence, oral and documentary, was admitted on behalf of said amendments and the
Planning Commission recommended that City Council approve the proposed text amendments.
SECTION 2. Public Hearing. The City Council of the City of Atascadero, at a Public
Hearing held on June 25, 2024, considered testimony and reports from staff and the public and
introduced for first reading, by title only, an Ordinance amending Title 9 of the Atascadero
Municipal Code.
SECTION 3. Facts and Findings. The City Council makes the following findings and
determinations for approval of the proposed text amendments:
A. Findings for Zone Text Amendment:
1. FINDING: The proposed project or use is consistent with the General Plan, and all
other applicable ordinances and policies of the City.
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FACT: The General Plan has designated the project site as Mixed-Use Planned
Development which allows a mixture of commercial, office, and residential uses with
a focus on pedestrian orientation and connections between different uses throughout
the project area. The General plan allows for a horizontal or vertical mixture of uses
with the approval of a Planned Development Overlay Zone and an accompanying
Master Plan of Development. Planned Development #12 and a Master Plan of
Development were previously approved for the project site.
The proposed text amendment establishes a maximum residential density of 71
residential units for the project site, which is consistent with the 24 du/ac maximum
residential density that is allowed for mixed-use developments in commercial zoning
districts.
2. FINDING: 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; and
FACT: The proposed development will be located at the intersection of Santa Barbara
Road and El Camino Real. As proposed, the commercial uses will be adjacent to El
Camino Real and the residential uses will front Santa Barbara Road, Bliss Street, and
Cashin Street. Adequate access to the site is provided off Cashin Street and Bliss Street
per the originally approved Dove Creek master plan. The site design has been reviewed
by all City departments for consistency with code requirements. Impacts have been
analyzed through the previously certified Initial Study/Mitigated Negative Declaration
(MND) No. 2004-0026. As conditioned, the project will not be detrimental or unsafe
to those working, visiting, or living on the project site or those within the surrounding
neighborhoods.
3. FINDING: The proposed project or use will not be inconsistent with the character or
the immediate neighborhood or contrary to its orderly development; and
FACT: The proposed project is within the existing Dove Creek neighborhood,
comprised of small-lot single-family residences fronting Bliss Street and Cashin
Street. The project has been designed to focus residential uses adjacent to existing
residential units with the proposed 2-story residential buildings fronting Bliss and
Cashin Streets, and the 3-story residential building fronting Santa Barbara Road. The
development pattern of the proposed project is similar to the conceptual site plan that
was originally approved to be the commercial component of the Dove Creek Master
Plan. Commercial uses have been internal to the project site or adjacent to El Camino
Real to provide a visual buffer between existing residences and the higher-intensity
commercial and multi-family uses.
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4. FINDING: The proposed zone change will not create any new significant and
unavoidable impacts to traffic, infrastructure, or public service impacts; and
FACT: A Mitigated Negative Declaration (MND) No.2004-0026 was certified by the
City Council on September 14, 2004. The MND evaluated the entire Dove Creek
Master Plan and specifically analyzed the potential impacts of a commercial
development on the project site that included 60,000 SF of future commercial retail
space, including a 26,500 SF anchor tenant. While the residential villages identified in
the analyzed project have been built and occupied as planned, the commercial center
never developed and is now the location of the proposed mixed-use project.
To supplement the analysis of the previously certified MND for the project site, the
applicant prepared a series of comparative analyses to evaluate whether the project
would result in a greater impact to resources that previously identified. The applicant
team provided analyses related to traffic and sewer capacity. The traffic analysis
showed a reduction in anticipated peak hour trips based on the proposed mix of land-
uses. The sewer capacity analysis showed that, while there will likely be an increase in
peak flows, the sewer lines as designed are sized appropriately to accommodate the
proposed development.
5. FINDING: The proposed zone change is consistent with the CEQA Findings.
FACT: The proposed text amendment is minor and will not result in an environmental
impact. A mix of commercial and residential uses is allowable in the Commercial Retail
zoning district and PD 12.
B. Findings for Planned Development Overlay Zone
1. FINDING: The modification of development standards or processing requirements is
warranted to promote orderly and harmonious development
FACT: The proposed project includes commercial uses that are distinctive, attractive,
and can contribute to the long-term economic viability of the community. The mix of
residential and commercial uses on the project site will contribute to the viability of the
commercial tenants. The proposed site plan and conceptual landscape plan include
pedestrian walkways that connect to existing pedestrian walkways within the broader
neighborhood. All proposed uses will utilize a singular looped driveway access and
parking will be shared. The project site was previously identified and approved for
commercial development within the existing Planned Development zoning designation
and the Master Plan for The Villages of Dove Creek. The project will maintain and
enhance the existing street trees and landscaping that pedestrians in this neighborhood
are accustomed to.
Page 20 of 54
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2. FINDING: The modification of development standards or processing requirements will
enhance the opportunity to best utilize special characteristics of an area and will have
a beneficial effect on the area
FACT: The proposed project includes a mix of commercial uses that generate sales and
transient occupancy tax revenue that the city can use to further support public services.
The proposed short-term rental hotel units will provide a service that doesn’t exist near
the City’s south gateway and is in growing demand.
3. FINDING: The benefits derived from the overlay zone cannot be reasonably achieved
through existing development standards for processing requirements
FACT: The Commercial Retail zone allows for mixed-use development with up to 24
units per acre. Generally, residential units must be located above ground-floor
commercial space. Residential uses may only be located on the ground floor with the
approval of a planned development overlay zone. As the project site is located within
PD12, an amendment to the Master Plan of development and overlay zone allows for
the proposed configuration.
The addition of ground floor residential uses within the proposed mixed-use
development will serve as a transition between the existing residential use along Bliss
and Cashin Streets and the commercial uses within the project site core and along El
Camino Real. The addition of residential uses on the ground floor of the proposed
mixed-use development will also help the city achieve its Regional Housing Needs
Allocation (RHNA) objectives.
4. FINDING: The proposed plans, if any, offer certain redeeming features to compensate
for requested modifications
FACT: The City Council has adopted a policy listing potential benefits for
consideration when approving a Planned Development overlay zone. The Dove Creek
Project was found to provide community benefit during the original approval of the
project in 2004. Per City Council policy, benefits include high-quality architectural and
landscape design, buffering between uses, higher density to meet Housing Element
goals, pocket parks, and walkways for pedestrian connectivity. Modification of the
Master Plan of Development for the 5-acre commercial site will not significantly
change the nature and community benefit of the project, however, the added
community-based commercial uses and increased housing opportunities will enhance
the community benefit provided in the Dove Creek development. As designed and
conditioned, the proposed amended project meets the findings for approval.
Page 21 of 54
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SECTION 4. CEQA. Because of the facts set forth in Section 3, the proposed zone text
amendment is exempt from further environmental review under the California Environmental
Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (14
California Code of Regulations §§ 15000, et seq.) because it can be seen with certainty that there
is no possibility that the enactment of this Ordinance would have a significant effect on the
environment (Pub. Resources Code § 21065; CEQA Guidelines §§ 15378(b)(5), 15061(b)(3).
SECTION 5. Approval. The City Council of the City of Atascadero adopts the proposed
text amendments to the Atascadero Municipal Code, as shown in the following exhibit:
1. Exhibit A: Planned Development #12 Overlay Zone Amendment
SECTION 6. Interpretation. This Ordinance must be broadly construed in order to achieve
the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance
be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth
in this Ordinance.
SECTION 7. Preservation. Repealing of any provision of the Atascadero Municipal Code
or of any previous Code Sections, does not affect any penalty, forfeiture, or liability incurred before,
or preclude prosecution and imposition of penalties for any violation occurring before this
Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining
action or prosecuting violations occurring before the effective date of this Ordinance.
SECTION 8. Effect of Invalidation. If this entire Ordinance or its application is deemed
invalid by a court of competent jurisdiction, any repeal or amendment of the Atascadero
Municipal Code or other City Ordinance by this Ordinance will be rendered void and cause such
previous Atascadero Municipal Code provision or other City Ordinance to remain in full force
and effect for all purposes.
SECTION 9. Severability. If any part of this Ordinance or its application is deemed
invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not
affect the effectiveness of the remaining provisions or applications and, to this end, the provisions
of this Ordinance are severable.
SECTION 10. Notice. The City Clerk is directed to certify the passage and adoption of
this Ordinance, cause it to be entered into the City of Atascadero’s book of original ordinances,
make a note of the passage and adoption in the records of this meeting and within fifteen (15)
days after the passage and adoption of this Ordinance, cause it to be published or posted in
accordance with California law.
SECTION 11. Effective Date. This Ordinance will take effect on the 30th day following
its final passage and adoption.
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INTRODUCED at a regular meeting of the City Council held on June 25, 2024, and
PASSED, APPROVED and ADOPTED by the City Council of the City of Atascadero, State of
California, on July 9, 2024.
CITY OF ATASCADERO:
______________________________
Heather Moreno, Mayor
ATTEST:
______________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________
Dave Fleishman, City Attorney
Page 23 of 54
7/9/24 | Item A2 | Attachment 1A
EXHIBIT A: PROPOSED MUNICIPAL CODE TEXT AMENDMENT – TITLE 9
§ 9-3.657 Establishment of Planned Development Overlay Zone No. 12 (PD12).
Planned Development Overlay Zone No. 12 is established as shown on the official zoning maps
(Section 9-1.102 of this title). A Planned Development Overlay Zone No. 12 is established on all
parcels within Tract 2626 including any future subdivision thereof with a total gross acreage of
63.3 acres. The maximum residential density within the planned development shall not exceed
350 residential units, including a maximum base residential density for the vacant commercial
site at 71 residential units, consistent with the previous environmental analysis for the project
site. A minimum 5.19-acre commercial retail property and 27.7 acres of common and natural
open space on the 63.3-acre project site shall be provided. The development standards contained
within the master plan of development document (CUP 2003-0099) and DEV23-0079, as
conditioned shall be applied to all future development within the project area, and as follows:
(a) The Vesting Tentative Tract Map (TTM 2003-0033) and Vesting Tentative Tract Map (TR 3229)
and any subsequent amendments for the site shall be consistent with CUP 2003-0099 and
DEV23-0079. All construction and development shall conform to the approved master plan
of development, as conditioned.
(b) No subsequent tentative parcel or tract map shall be approved unless found to be consistent
with the approved master plan of development.
(c) The commercial area, residential dwelling units, landscaping, walls, and fencing shall be
subject to review under the City's Appearance Review requirements consistent with the
approved master plan of development.
(d) Building setbacks lot sizes, landscape area, and lot coverage shall be as identified within the
approved master plan of development.
(e) Alterations or additions to established dwelling units shall be subject to the density and
development standards of the master plan of development.
(f) Subsequent amendments to the master plan of development shall be approved by Planning
Commission Resolution.
(g) The commercial center will retain the Commercial Retail zoning district designation. The
following allowable uses are proposed for this district within the PD12 overlay zone:
1) Artisan Food and Products;
2) Bar / Tavern;
3) Farmer’s Market;
4) Food and beverage retail sales;
5) General Retail;
6) Indoor Recreation Services;
7) Microbrewery / Brewpub;
8) Tasting Room;
9) Winery – Boutique;
10) Temporary or seasonal sales;
11) Temporary offices;
12) Personal services;
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13) Eating and drinking places;
14) Hotels and motels;
15) Bed and breakfast; and
16) Temporary events.
(h) The conditionally allowed uses within the Commercial Retail zone shall be limited to the
following:
1) Amusement Services;
2) Financial Services;
3) Indoor Recreation Services;
4) Membership Organizations;
5) Multi-Family Dwelling; and
6) Offices.
(i) All residential and open space use shall be consistent with the requirements of the
underlying zoning district except as allowed by the master plan of development.
(Ord. 462 § 2, 2004; Ord. 538 § 2, 2009)
Page 25 of 54
CITY OF ATASCADERO
CITY COUNCIL STAFF REPORT Item A3
Department: Public Works
Date: 7/9/24
Placement: Consent
TO: JAMES R. LEWIS, CITY MANAGER
FROM: NICK DEBAR, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
PREPARED BY: JOE MURPHY, ASSOCIATE CIVIL ENGINEER
SUBJECT: Reject Bids for 2024 Measure F-14 Pavement Rehabilitatfon Project
RECOMMENDATIONS:
Council:
1. Reject all three received bids for the 2024 Measure F-14 Pavement Rehabilitatfon Project
(Project No. C2023R01).
2. Direct the City Engineer to evaluate and implement measures to reduce project costs and
resolicit constructfon bids for the 2024 Measure F-14 Pavement Rehabilitatfon Project.
DISCUSSION:
Background:
Sales Tax Measure F-14 was approved by voters in November 2014 to fund the repair,
maintenance, and rehabilitatfon of City-maintained local roadways with a one-half cent sales tax
over twelve years. A list of projects to be funded with Measure F-14 revenue is developed each
budget cycle by employing the Critfcal Point Management technique with the City’s Pavement
Management Program. The roadway segments in the chart below are part of the 2024 Measure
F-14 Pavement Rehabilitatfon Project and included in the current Budget and 5-Year Capital
Improvement Program (CIP). This project has a total of 3.65 centerline road miles, or 7.30 lane
miles. A map showing these segments is also attached for reference (Attachment 1).
Earth Systems Pacific (ESP) performed pavement testfng services and preliminary design
recommendatfons, which were then coordinated with Rick Engineering in final design work and
preparing constructfon plans and specificatfons for the project. Ash Street, portfons of Bella Vista
Road, Birch Street, portfons of Carmelita Avenue, Catalpa Street, Cuesta Court, Flores Road,
Hermosa Avenue, portfons of Las Lomas Avenue, Maple Street, portfons of Montecito Avenue,
Pinewood Court, portfons of San Diego Way, San Gabriel Road, and Willow Court are proposed to
be reconstructed using a traditfonal base/asphalt sectfon, while portfons of Carmelita Avenue,
Monita Road, portfons of San Diego Way, San Rafael Court, and Sierra Vista Road will be treated
using a mill and overlay process, which is a more cost-effectfve reconstructfon method that was
selected for use on these roadways after evaluatfon of subgrade soil stabilitfes and traffic
volumes. Portfons of Las Lomas Avenue and Montecito Road will be rehabilitated with a
Page 26 of 54
7/9/24 | Item A3 | Staff Report
combinatfon of digouts and deep lift paving in specific locatfons, crack sealing, and cape sealing.
All treatment optfons were based on an assessment of subgrade quality, current roadway
conditfons, and traffic volumes.
Bid Analysis
The project was publicly bid startfng May 20, 2024, for a minimum of 30 days in accordance with
State Contractfng Laws and Atascadero Purchasing Policies. A public bid opening occurred on
June 20, 2024, and three bids were received, ranging from $4,250,000 to $6,651,651. The bids
were reviewed for accuracy and compliance with project bidding requirements, and the City
Engineer has determined that Cen-Cal Constructfon of Bakersfield is the lowest responsive bidder
at $4,250,000. The engineer’s estfmate of probable constructfon costs is $3,900,000.
While the total project budget of $3,900,000 is the same as the engineer’s estfmate and close to
the low bid amount, constructfon project budgets include other “soft” or non-constructfon costs
such as engineering, surveying, inspectfon, materials testfng, administratfon, etc. that typically
range from 15% to 25% of constructfon costs. Constructfon project budgets also include
constructfon contfngencies for unknowns and unexpected costs during constructfon that typically
range from 10% to 20% of constructfon costs. This leaves roughly 70% to 80% of the total project
budget for a target constructfon contract amount. For the 2024 F-14 Rehabilitatfon Project, the
target constructfon contract amount is between $2,800,000 to $3,000,000 with a 15% and 10%
constructfon contfngency, respectfvely. This leaves a funding shortiall of $1,250,000 to
$1,450,000 to award the low bid of $4,250,000.
The project funding shortiall is primarily related to increased constructfon costs (inflatfon) since
the project budget amount was developed for the current adopted budget. Budget amounts for
pavement projects are based upon assumed general conditfon and PCI of the roadway, whereas
engineers’ estfmates at tfme of bidding are based upon topographic surveys, geotechnical
investfgatfons performed with the design phase. In additfon, the 2024 F-14 Rehabilitatfon Project
is a large project and includes a higher number of roadway segments (19) and length (3.53 miles)
than previous rehabilitatfon projects.
The City also received a bid protest from the second low bidder, Souza Constructfon, on June 21,
2024, alleging that Cen-Cal’s bid proposal had irregularitfes and is non-responsive. The bid protest
alleged: 1) that one of Cen-Cal’s subcontractors had a suspended contractor license; 2) that Cen-
Cal did not provide copies of valid Certfficates of Reported Compliance (CRC) issued by California
Air Resources Board (CARB); and 3) Cen-Cal’s Designated Subcontractor Informatfon Sheet had
inaccurate values related to percentfle of work.
CONCLUSION
While staff believes that the low bid proposal from Cen-Cal Constructfon is favorable and fair, the
available fund reserves in Measure F-14 to cover the $1.25 to $1.45 million funding shortiall
would reduce the fund reserve significantly. Staff recommends that Council reject all bids and
resolicit bid proposals for the project. Staff will evaluate and investfgate ways to reduce the
Page 27 of 54
7/9/24 | Item A3 | Staff Report
project costs or repackage the project to include a base bid schedule and additfve alternatfve bid
schedules to allow optfons for meetfng the current project budget. This will likely result in
delaying constructfon of several road segments and adding to next year’s 2025 F-14 Rehabilitatfon
Project. This could also have a reverberatfve effect on delaying road segments on the 2025 F-14
Project and subsequent F-14 projects. Staff will update all project costs and restructure
programmed roadway segments in the Five-Year Capital Improvement Plan (CIP) in early 2025 as
part of the upcoming Fiscal Years 2025-2027 budget cycle.
Pursuant to California Public Contractfng Code 20166, the City Council “may reject any bids
presented and readvertfse.” Staff recommends that Council reject all project bidders and direct
the City Engineer to evaluate and implement measures to reduce project costs for the 2024
Measure F-14 Pavement Rehabilitatfon Project, and to resolicit constructfon bids. In light of the
recommendatfon to reject all bids, the bid protest from Souza Constructfon is moot.
FISCAL IMPACT:
Approving staff recommendatfons and rebidding the project will result in estfmated expenditures
$2,500 of design consultant fees, public advertfsement, and staff tfme toward the project budget.
ALTERNATIVES TO THE STAFF RECOMMENDATION:
Council may elect to award the project to Cen-Cal Constructfon for $4,250,000, or with a slight
reductfon in work scope, and allocate additfonal project funding up to $1,450,000 in Measure F-
14 Fund reserves. However, this may result in a significant drop in Measure F-14 Fund reserves
that could delay future projects.
REVIEWED BY OTHERS:
This item has been reviewed by the Administratfve Services Director.
REVIEWED AND APPROVED FOR COUNCIL AGENDA
________
Lara K. Christensen, Deputy City Manager
ATTACHMENTS:
1. Project Locatfon Map
2. Bid Summary
Page 28 of 54
2023 F-14 PMP PROJECT
EXHIBIT
STREET LOCATIONS
DRAWN BY:
DATE:
SCALE:
PAGE NO:1
1"=2000'
5/5/2023
R. HAYES
OF 1
SAN DIEGO WY.
LEGEND:
2023 REHABILITATION SEGMENT
HWY. 41FLORES RD.HWY.
101
HERMOSA AVE.
CARMELITA AVE.
BELLA
VISTA RD.
MONITA RD.
SIERRA VISTA RD.
CUESTA CT.
SAN RAFAEL CT.
CATALPA ST.
PINEWOOD CT.
SAN GABRIEL RD.
MONTECITO AVE
LAS LOMAS
AVE
ASH ST
BIRCH ST
MAPLE
ST
WILLOW
CT
7/9/24 | Item A3 | Attachment 1
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7/9/24 | Item A3 | Attachment 2Page 30 of 54
CITY OF ATASCADERO
CITY COUNCIL STAFF REPORT Item A4
Department: Public Works
Date: 7/9/24
Placement: Consent
TO: JAMES R. LEWIS, CITY MANAGER
FROM: NICK DEBAR, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
PREPARED BY: JOE MURPHY, ASSOCIATE CIVIL ENGINEER
SUBJECT: Design Award for 2025 Measure F-14 Pavement Rehabilitatfon Project
RECOMMENDATION:
Council award a professional services agreement with Rick Engineering Company for $208,950 to
provide design engineering and prepare bidding documents for the 2025 Measure F-14 Pavement
Rehabilitatfon Project (Project. No. C2024R01).
DISCUSSION:
Background:
Sales Tax Measure F-14 was approved by voters in November 2014 to fund the repair,
maintenance, and rehabilitatfon of City-maintained local roadways with a one-half cent sales tax
over twelve years. A list of projects to be funded with Measure F-14 revenue is developed each
budget cycle by employing the Critfcal Point Management technique with the City’s Pavement
Management Program. The below list of roadway segments was selected by this process and
included with the 2025 Measure F-14 Pavement Rehabilitatfon Project (2025 F-14 Project). A
project map is also attached for reference.
Road Segments in 2025 Measure F-14 Pavement Rehabilitation Project
Road Name Beginning Location Ending Location Length (ft) Area (sq ft) 2024 PCI
Los Osos Rd Old Morro Road E San Rafael Rd 6,005 126,105 24
San Andres Ave Atascadero Ave Marchant Ave 1,470 35,280 32
San Dimas Rd Los Osos Rd Toloso Rd 940 20,680 32
In additfon to the segments identffied for the 2025 F-14 Project, funding shortialls during the
2024 F-14 Project may result in delaying some road segments and constructfng with the 2025 F-
14 Project. The 2024 F-14 Project road segments are fully designed and plans are ready to be
incorporated into the 2025 F-14 Project. At the tfme of this report, the 2024 F-14 Project is under
consideratfon for re-bidding, so it is not known which road segments may be delayed. A list of
possible candidates for delay and incorporatfon into the 2025 F-14 Project are listed below for
reference.
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Road Segments in the 2024 F-14 Project for Potential Inclusion in the 2025 F-14 Project
Road Name Beginning Location Ending Location Length (ft) Area (sq ft) 2019 PCI
Bella Vista Rd San Marcos Rd End 3,080 61,600 16
Carmelita Ave San Andres Ave Curbaril Ave 2,550 53,550 38
Flores Rd Santa Lucia Rd Los Gatos Rd 1,102 20,040 20
Hermosa Ave Navarette Ave San Clemente Ave 1,010 19,190 29
Monita Rd San Gabriel Rd Sierra Vista Rd 1,019 29,551 42
Sierra Vista Rd San Marcos Rd Monita Rd 1,510 49,830 45
All segments in both of the above lists (with the exceptfon of San Andres Ave) are rural roads in
the western portfon of the City—part in the central-west and part in the southern-west. These
roads are typically long segments that are narrow, hilly, and have little or no edge improvements
or ADA features. San Andres Ave is more urban and shorter in length, and any adjacent pedestrian
curb ramps will most likely need to be brought into compliance with current ADA requirements if
substantfal pavement repairs are completed.
Analysis
A Request for Proposals (RFP) was issued for the design phase of the 2025 F-14 Project in May
2024 with a work scope that includes pavement testfng, topographic surveying, survey
monument research, pavement engineering analysis, preparatfon of constructfon plans,
specificatfons, cost estfmates (PS&E), and providing engineering assistance during the bid
process. Five proposals were received from Rick Engineering Company (Rick), AKA Engineering
(AKA), BKF Engineers, Pavement Engineering Inc. (PERI), and Diversified Project Services
Internatfonal (DPSI), all with local offices in San Luis Obispo County. All five are qualified
consultants with experience on similar projects.
A technical selectfon committee independently reviewed and scored each proposal considering
experience with similar projects, responsiveness to City needs, experience of key personnel, and
other factors. All proposals demonstrated the ability to complete the work, but Rick Engineering
provided the best overall proposal for this project and is being recommended by the Public Works
Director/City Engineer. Rick has a successful track record with the City, including completfng
design work for roughly half of the previous F-14 projects, including the 2024 F-14 Project. A
detailed fee estfmate worksheet was submitted with Rick’s proposal, and staff believes Rick’s fee
is reasonable considering the extensive pavement testfng, topographic surveying and intersectfon
design that is needed. If awarded, Rick’s compensatfon will be based upon actual labor hours
worked plus reimbursable expenses and subconsultant fees.
Design work is antfcipated to take approximately six months to complete. Staff antfcipates a
public bid around May 2025 with constructfon occurring in the June through November 2025
tfmeframe.
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FISCAL IMPACT:
Approving staff’s recommendatfons in this report will result in estfmated expenditures of
$208,950 from Sales Tax Measure F-14 Funds for the design phase of the 2025 F-14 Project. The
adopted Budget includes $50,000 in FY23/24 for the 2025 F-14 Project and $100,000 in FY24/25,
with a total project budget of $2,800,000.
ESTIMATED EXPENDITURES
Final Design Work (Rick Engineering & staff time) $250,000
Construction Contract $1,950,000
Coordination, Inspection, and Support @ 10% $200,000
Construction Contingency @20% $400,000
Total: $2,800,000
PROPOSED FUNDING
Sales Tax Measure F-14 Fund: 2024 Pavement Rehab. Project $2,800,000
Total: $2,800,000
ALTERNATIVES TO THE STAFF RECOMMENDATION:
Council can direct staff to resolicit for design engineering services for the project, but staff does
not recommend this alternatfve since the top proposals received were highly qualified and were
very competftfve.
REVIEWED BY OTHERS:
This item has been reviewed by the Administratfve Services Director.
REVIEWED AND APPROVED FOR COUNCIL AGENDA
________
Lara K. Christensen, Deputy City Manager
ATTACHMENT(S):
1. 2025 F-14 Project Locatfon Map
Page 33 of 54
2025 F-14 PMP PROJECT
EXHIBIT
ROADWAY REPAIR LOCATIONS
DRAWN BY:
DATE:
SCALE:
PAGE NO:1
1"=1500'
2/19/2023
R. HAYES
OF 1
LEGEND:
2025 REHABILITATION SEGMENT
LOS OSOS ROAD
SAN DIMAS
ROAD HIGHWAY 41SAN ANDRES AVENUE
HIGHWAY
101
ATASCADERO
LAKE
7/9/24 | Item A4 | Attachment 1
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CITY OF ATASCADERO
CITY COUNCIL STAFF REPORT Item B1
Department: Community
Development
Date: 7/9/24
Placement: Public Hearing
TO: JAMES R. LEWIS, CITY MANAGER
FROM: PHIL DUNSMORE, COMMUNITY DEVELOPMENT DIRECTOR
PREPARED BY: KELLY GLEASON, PLANNING MANAGER
SUBJECT: Amendment to Grand Oaks Paseo Master Plan of Development
RECOMMENDATION:
Planning Commission recommends Council:
1. Introduce for first reading, by title only, Draft Ordinance amending Planned
Development Overlay Zone #27 for the Grand Oaks Paseo project, and
2. Adopt Draft Resolution approving amendments to the Grand Oaks Paseo Master Plan of
Development (AMND24-0045) to modify the common open space and amenity plan,
delete unit 14, and add 2 residential units above the community building, based on
findings and subject to conditions of approval.
REPORT IN BRIEF:
The project development team is requesting amendments to the Grand Oaks Paseo project to
eliminate unit 14 and construct 2 units above the community building in exchange. The proposed
amendment would also eliminate the carport structure but would retain the bike storage building.
The HOA has expressed support for the proposed modifications. In addition to amendments to
the Master Plan of Development and associated modifications to the Planned Development
Overlay Zone, the developers are requesting changes to the construction phasing agreement.
DISCUSSION:
BACKGROUND
The Grand Oaks Development was approved by the City Council in November 2019. The project
included a small-lot cottage subdivision with common area amenities and live-work townhomes
along the El Camino Real frontage. The project included approval of a custom Planned
Development Overlay Zone to allow for the small lot subdivision and subsequent sale of each
unit.
In 2023, the applicant team requested a revision to the project amenity spaces due to financial
feasibility of the project. Specifically, they requested elimination of a cottage on Lot 14 with a
revised communal patio in its place, and elimination of the community building in favor of a
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passive outdoor gathering space with a dog run. The amendments were approved by the Planning
Commission but appealed to City Council. During the appeal hearing, the applicant team stated
that they could retain and construct the community building if the cottage on lot 14 was
constructed, thus maintaining the originally approved Master Plan of Development and
increasing the financial viability of the project. The amendment was denied by City Council in
favor of maintaining the original project scope and amenities. The City Council also authorized
the City Manager to approve a project phasing plan to ensure construction of amenity spaces in
a timely manner.
Since that time, the applicant team has worked with neighborhood residents and the
Homeowner’s Association on a plan to maintain the community building but eliminate the
cottage on Lot 14. Early marketing efforts did not show construction on lot 14 and some residents
requested collaboration on a plan that eliminated construction of a unit on this lot. Unit 14 blocks
the views from surrounding units and interrupts the potential quality of the common open space.
The applicant team is currently proposing a common area patio on Lot 14, the addition of 2
residential units over the community building, and elimination of the previously planned carport
in response to this effort. This would increase the overall density of the project by one unit, which
is still below the maximum number of units allowed by zoning but requires amendment to the
Planned Development Overlay Zone language. With these changes, the phasing plan is proposed
to be amended.
At this time, approximately 66% of the units are complete. The work-live portion of the project
has begun, and the applicant team has been working on project revisions in coordination with
the Homeowner’s Association, which has expressed support for the proposed revisions.
The Planning Commission reviewed the item at the June 18, 2024, meeting and recommended
approval of the proposed amendments as conditioned.
ANALYSIS
The proposed amendments include:
• Elimination of a cottage unit on Lot 14 and replacement with a communal outdoor patio
• Modification of the community building to include 2 second floor residential units. This
necessitates an amendment to the PD overlay zone text for one additional residential unit.
• Elimination of the carport structure.
Existing Master Plan of Development
The existing Master Plan of Development was designed with two main resident amenity spaces:
the central open space and a community building adjacent to the El Camino Real frontage.
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The project, as approved, includes an additional residential unit adjacent to the interior open
space area (Unit 14). Prior to construction, the developers decided not to construct this unit to
allow more open space between the units. The construction plans also included an expanded
deck surrounding two large live oak trees. Due to construction impacts and drought conditions in
2020, one of the significant large oak trees died and was removed for safety. There is one
remaining oak tree. The approved project also included a community building along the El Camino
Real frontage. This building was envisioned to have a community kitchen and dining area/flex
space.
Proposed Amendments
The current proposal includes the elimination of Unit 14 in exchange for the addition of 2
residential units above the community building. Lot 14 has been revised to include a common
patio space. Amenities include a propane BBQ, gathering space, propane firepits, and shade
structure. This new area would be flat with a retaining wall along the western edge to
accommodate access from the surrounding units and create a more usable space with an upper
and lower patio area. Informal seating areas are proposed under the remaining oak tree with
mulch to reduce impacts to the rootzone to the greatest extent possible. The developers had an
arborist review the common area plans and it was recommended that improvements be
minimized under the dripline of the tree to ensure post-construction survivability. The tree is
currently in a state of decline.
Central Open
Space area
Community
Building
Unit 14
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The original community building was an approximately 1,900 square-foot single-story structure
surrounded by shared patio spaces. The revised building has a slightly smaller footprint, proposed
at approximately 1,600 square-feet, and includes a small kitchen with fridge and cooking facilities
as well as a flexible assembly area to allow for gatherings. Two accessible compliant restrooms
will also be provided. The building façade includes a contemporary dimensional horizontal siding,
natural wood accents, and metal roofing. These materials are consistent with the project design
theme. Staff has suggested a condition of approval that requires the storefronts and windows to
utilize black trim for consistency with the adjacent live-work building.
New patio space
Informal seating
areas
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Parking
The original project qualified for the State Density Bonus program which required a total of 64
parking spaces for the on-site project uses. The project provides 70 parking spaces, resulting in
an overage in required parking. With the elimination of the cottage unit on Lot 14, the proposed
amendment will result in one additional unit to the project site. That additional unit requires 2
parking spaces. The current plan meets parking requirements for the existing approved uses and
proposed additional unit.
In order to maintain financial feasibility of the project, the applicants are proposing to eliminate
the carport structure over the planned residential tandem spaces. The carport structure included
a bike storage tower on one side. The bike tower is proposed to remain. Staff has conditioned
that the height of the tower be reduced down to between 12 and 20 feet from the originally
planned 30-feet to provide greater compatibility with the community now that the tower will
stand on its own.
PD Text Amendment
The Planned Development Overlay Text is proposed to be amended concurrently with changes to
the Master Plan of Development to accommodate the additional residential unit. Updates were
also made to the use list to eliminate uses that are no longer defined in the code or to update the
title of the use to align with the code definition section. A redlined version of the PD text is
included in the attached Draft Ordinance.
Amended Phasing
The current phasing plan requires commencement and/or completion of certain community
space milestones in order to release occupancy of additional residential units. The first phase
allowed for release of 3 additional residential units once the community building foundation
inspection was passed. As these proposed modifications will require resubmittal of the building
permit for review and issuance, the applicant is requesting modifications to the phasing plan to
tie release of the next 3 units to the live-work building instead. The live-work building could be
considered a similar milestone to the community building in that it creates a semi-commercial
space and a significant enclosure to the community from highway noise to the west, although it
does not provide for a shared community amenity.
The applicants also provided a bond for the construction of the central deck per the original
Master Plan of Development. With the elimination of Unit 14, the bond amount will need to be
increased and the time extended to allow for permitting and construction. The Homeowner’s
Association has requested no greater than 2 months from the date of City Council action.
CONCLUSION
• The Grand Oaks Project is partially complete with approximately 2/3 of the cottage units
sold and construction ongoing on 9 additional units.
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• Many of the amenities that were intended to be completed at this time are not in place,
and both the current residents and the City are concerned about the existing and future
condition of the property.
• The developer is requesting modifications in response to community resident
coordination efforts and challenging financial conditions.
ALTERNATIVES TO THE STAFF RECOMMENDATION:
1. Council may include modifications to the proposed change request and/or conditions of
approval. Any proposed modifications including conditions of approval, should be clearly re-
stated in any vote on any of the attached resolutions.
2. Council may determine that more information is needed on some aspect of the request and
may refer the item back to the applicant and staff to develop the additional information. The
Council should clearly state the type of information that is required. A motion, and approval
of that motion, is required to continue the item to a future date.
3. Council may deny the requested modification. The Council must specify what findings cannot
be made, and provide a brief oral statement, based on the Staff Report, oral testimony, site
visit, correspondence, or any other rationale introduced and deliberated by the Council. It is
important to note that the City cannot force construction of additional buildings but
occupancy on future units can be held to ensure the completion of any common landscaped
area adjacent to completed units. If the amendments are denied, the original Master plan of
development will remain in effect including the construction of Unit 14.
FISCAL IMPACT:
As the project is already within the boundaries of the Citywide Community Facilities District, the added
units above the community center are required to be automatically included within the special tax
district, providing fiscal neutrality for the amended project site. Other requested changes will have no
affect.
REVIEWED BY OTHERS:
This item has been reviewed by the Community Development Director, Administrative Services
Director, and Planning Commission.
REVIEWED AND APPROVED FOR COUNCIL AGENDA
________
Lara K. Christensen, Deputy City Manager
ATTACHMENT(S):
1. Draft Ordinance
2. Draft Resolution
3. Current Phasing Agreement
4. Arborist letter
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7/9/24 | Item B1 | Attachment 1
DRAFT ORDINANCE
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO,
CALIFORNIA, AMENDING THE ATASCADERO MUNICIPAL CODE,
TITLE 9: PLANNING AND ZONING, APPROVING TEXT AMENDMENTS
TO THE PLANNED DEVELOPMENT #27 OVERLAY ZONE
APN 029-274-014, 029-274-031, 029-274-032
GRAND OAKS PASEO
CAL COASTAL HOLDINGS
(AMND24-0045)
WHEREAS, an application has been received from Cal Coastal Holdings, LLC,
(Applicant/ Owner), 242 El Dorado Way, Pismo Beach, CA 93449, (AMND24-0045) to consider
an Amendment to the Master Plan of Development (Resolution 2019-082) and PD overlay text to
eliminate a cottage unit on Lot 14, eliminate the carport, and add two residential units to the second
floor of the community building; and
WHEREAS, the site has a General Plan Designation of High Density Residential (HDR)
and General Commercial (GC); and
WHEREAS, the site is in the Residential Multi-Family 24 (RMF-24) zoning district and
Commercial Retail (CR) with a Planned Development Overlay Zone (PD27); and
WHEREAS, A Master Plan of Development was approved by the City Council consistent
with the PD overlay standards on November 12, 2019 (Resolution 2019-082); and
WHEREAS, PD 27 was established in 2006 and amended in 2019 with the approval of
the Grand Oaks Paseo Master Plan of Development and modifications to the zoning overlay district
are necessary for consistency with the amended Master Plan of Development; and
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact amendments to Planned Development Overlay #27 for consistency with the revised
Master Plan of Development, including incorporation of land use definitions updated between
overlay zone adoption in 2004 and today; and
WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional
Use Permit Amendment 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
Amendments; and
WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional
Use Permit Amendment 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 Amendments; and
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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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Planning Commission Recommendation. The Planning Commission of the
City of Atascadero, on June 18, 2024, held a timely and properly noticed Public Hearing upon the
subject Title 9 Atascadero Municipal Code amendments in association with the Amendment to the
Master Plan of Development (AMND24-0045), at which hearing evidence, oral and documentary,
was admitted on behalf of said amendments and the Planning Commission recommended that City
Council approve the proposed text amendments.
SECTION 2. Public Hearing. The City Council of the City of Atascadero, at a Public
Hearing held on July 9, 2024, considered testimony and reports from staff and the public and
introduced for first reading, by title only, an Ordinance amending Title 9 of the Atascadero
Municipal Code.
SECTION 3. Facts and Findings. The City Council makes the following findings and
determinations for approval of the proposed text amendments:
A. Findings for Zone Text Amendment:
1. FINDING: The proposed project or use is consistent with the General Plan, and all
other applicable ordinances and policies of the City.
FACT: The proposed amendments are consistent with the General Plan. The project
site is designated General Commercial and High-Density Multi-Family and was
approved as a custom-small lot subdivision with shared amenity space and a mixed-use
component along the project frontage, consistent with the General Plan goals and
policies. The proposed amendments do not change the overall use or character of the
project.
2. FINDING: 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; and
FACT: The amendment will not change the use or character of the project and will not be
detrimental to the health, safety, or welfare of the general public or residents within the project.
3. FINDING: The proposed project or use will not be inconsistent with the character or
the immediate neighborhood or contrary to its orderly development; and
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FACT: The proposed amendments are consistent with the character of the
neighborhood and are consistent with uses previously approved on the site.
4. FINDING: The proposed zone change will not create any new significant and
unavoidable impacts to traffic, infrastructure, or public service impacts; and
FACT: The proposed amendments will not generate a substantial increase in traffic.
The 2 additional proposed residential units will generate an insubstantial increase in
the volume of traffic.
SECTION 4. CEQA. The proposed modifications are consistent with the previously
certified Mitigated Negative Declaration (EDN2005-0063).
SECTION 5. Approval. The City Council of the City of Atascadero, in a regular session
assembled on July 9, 2024, resolves to approve an Amendment to the Grand Oaks Paseo Master
Plan of Development (AMND24-0045), subject to the following:
EXHIBIT A: Planned Development Overlay Zone #27 text amendments
SECTION 6. Interpretation. This Ordinance must be broadly construed in order to achieve
the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance
be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth
in this Ordinance.
SECTION 7. Preservation. Repealing of any provision of the Atascadero Municipal Code
or of any previous Code Sections, does not affect any penalty, forfeiture, or liability incurred before,
or preclude prosecution and imposition of penalties for any violation occurring before this
Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining
action or prosecuting violations occurring before the effective date of this Ordinance.
SECTION 8. Effect of Invalidation. If this entire Ordinance or its application is deemed
invalid by a court of competent jurisdiction, any repeal or amendment of the Atascadero
Municipal Code or other City Ordinance by this Ordinance will be rendered void and cause such
previous Atascadero Municipal Code provision or other City Ordinance to remain in full force
and effect for all purposes.
SECTION 9. Severability. If any part of this Ordinance or its application is deemed
invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not
affect the effectiveness of the remaining provisions or applications and, to this end, the provisions
of this Ordinance are severable.
SECTION 10. Notice. The City Clerk is directed to certify the passage and adoption of
this Ordinance, cause it to be entered into the City of Atascadero’s book of original ordinances,
make a note of the passage and adoption in the records of this meeting and within fifteen (15)
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days after the passage and adoption of this Ordinance, cause it to be published or posted in
accordance with California law.
SECTION 11. Effective Date. This Ordinance will take effect on the 30th day following
its final passage and adoption.
INTRODUCED at a regular meeting of the City Council held on July 9, 2024, and
PASSED, APPROVED and ADOPTED by the City Council of the City of Atascadero, State of
California, on ___________, 2024.
CITY OF ATASCADERO:
______________________________
Heather Moreno, Mayor
ATTEST:
______________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________
Dave Fleishman, City Attorney
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7/9/24 | Item B1 | Attachment 1A
§ 9-3.672 Establishment of Planned Development Overlay Zone No. 27: (PD27).
Planned Development Overlay Zone No. 27 is established as shown on the Official Zoning Maps
(Section 9-1.102). A Planned Development Overlay Zone No. 27 is established on parcel APN 029-
271-001 with a combined gross acreage of 1.71 acres. The maximum residential density within the
planned development shall not exceed 30 31 residential units. The development standards
contained within the master plan of development document, as conditioned, shall be applied to all
future development within the project area, and as follows:
(a) All site development shall require the approval of a master plan of development. All
construction and development shall conform to the approved master plan of development,
as conditioned.
(b) The Vesting Tentative Tract Map (TR 3141) and any subsequent amendments for the site
shall be consistent with the approved master plan of development. All construction and
development shall conform to the approved master plan of development, as conditioned.
(c) No subsequent tentative parcel or tract map shall be approved unless found to be
consistent with the approved master plan of development.
(d) The commercial area, residential dwelling units, landscaping, walls and fencing shall be
subject to review under the City's Appearance Review requirements consistent with the
approved master plan of development.
(e) Building setbacks, lot sizes, landscape area, and lot coverage shall be as identified
within the approved master plan of development.
(f) All landscaping shown on the approved landscape plan will be installed by the developer
and shall be maintained as approved.
(g) All utilities, including electric, telephone and cable, along the frontage of, and within the
PD and along the project frontages shall be installed and/or relocated underground.
(h) The property will retain the Commercial Retail zoning district designation. The following
allowable uses are proposed for this district within the PD-27 overlay zone for the live/work
spaces and community building:
(1) Food and beverage retail sales General Retail;
(2) Furniture, home furnishings and equipment;
(3) General merchandise stores;
(4) Mail order and vending;
(25) Temporary or seasonal sales;
(36) Financial services;
(47) Offices;
(58) Temporary offices;
(69) Personal services;
(10) Light repair services;
(711) Membership organizations;
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(812) Business support services, where all areas of use are located within a
building;
(913) Libraries and museums;
(104) Temporary events;
(115) Tasting room;
(126) Artisan foods and products;
(137) Day Care - Small family day care home;
(148) Research and development;
(159) Printing and publishing.
(i) The conditional uses will be as follows:
(1) Public assembly and entertainment;
(2) Microbrewery/brewpub;
(3) Schools—business and vocational;
(4) Schools.
(j) No open parking spaces shall be reserved for any commercial or residential tenant with
the exception of the tandem spaces.
(k) The common lot shall be maintained as a common use parcel for all residential tenants.
No fencing or other barrier shall be constructed which hinders pedestrian access to each
residential lot or which limits the ability for a residential owner to provide basic utility
services to their property.
(l) All trees shown to be protected on the approved master plan of development shall be
maintained. Any future tree removal shall require approval per the requirements set forth in
the Atascadero Native Tree Ordinance.
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DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO,
CALIFORNIA, APPROVING AMENDMENTS TO THE GRAND OAKS
PASEO PROJECT MASTER PLAN OF DEVELOPMENT TO MODIFY THE
COMMON OPEN SPACE AND AMENITY PLAN, DELETE UNIT 14, AND
ADD 2 RESIDENTIAL UNITS ABOVE THE COMMUNITY BUILDING
APN 029-274-014, 029-274-031, 029-274-032
GRAND OAKS PASEO
CAL COASTAL HOLDINGS
(AMND24-0045)
WHEREAS, an application has been received from Cal Coastal Holdings, LLC,
(Applicant/ Owner), 242 El Dorado Way, Pismo Beach, CA 93449, (AMND24-0045) to consider
an Amendment to the Master Plan of Development (Resolution 2019-082) and PD overlay text to
eliminate a cottage unit on Lot 14, eliminate the carport, and add two residential units to the second
floor of the community building; and
WHEREAS, the site has a General Plan Designation of High Density Residential (HDR)
and General Commercial (GC); and
WHEREAS, the site is in the Residential Multi-Family 24 (RMF-24) zoning district and
Commercial Retail (CR) with a Planned Development Overlay Zone (PD27); and
WHEREAS, A Master Plan of Development was approved by the City Council consistent
with the PD overlay standards on November 12, 2019 (Resolution 2019-082); and
WHEREAS, PD 27 was established in 2006 and amended in 2019 with the approval of
the Grand Oaks Paseo Master Plan of Development and modifications to the zoning overlay district
are necessary for consistency with the amended Master Plan of Development; and
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the state and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and
WHEREAS, a timely and properly noticed Public Hearing upon the subject Master Plan
of Development Amendment 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
Amendments; and
WHEREAS, a timely and properly noticed Public Hearing upon the subject Master Plan
of Development Amendment 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 Amendment.
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NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero:
SECTION 1. Recitals: The above recitals are true and correct.
SECTION 2. Public Hearings. The City Council held a duly noticed public hearing to
consider the amendment application on July 9, 2024, and considered testimony and reports from
staff, the applicants, and the public.
SECTION 3. CEQA. The proposed modifications are consistent with the previously
certified Mitigated Negative Declaration (EDN2005-0063).
SECTION 4. Facts and Findings. The City Council makes the following findings,
determinations and approvals.
1. The proposed project is consistent with the General Plan; and
Fact: The proposed amendments are consistent with the General Plan. The project site is
designated General Commercial and High-Density Multi-Family and was approved as
a custom-small lot subdivision with shared amenity space and a mixed-use component
along the project frontage, consistent with the General Plan goals and policies. The
proposed amendments do not change the overall use or character of the project.
2. The proposed project or use satisfies all applicable provisions of the Zoning Ordinance;
and
Fact: The project was approved as part of a master planned residential and live-work
project and a custom Planned Development Overlay zoning district was approved for
the project to allow for the small-lot subdivision and flexibility in zoning standards.
Findings were made at the time of project approval that the project satisfied all
additional findings to qualify for the Planned Development Overlay zone. The
proposed amendments do not change the overall use or character of the project.
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; and
Fact: The amendment will not change the use or character of the project and will not be
detrimental to the health, safety, or welfare of the general public or residents within the
project.
4. The proposed project or use will not be inconsistent with the character of the immediate
neighborhood or contrary to its orderly development; and
Fact: The proposed amendments are consistent with the character of the neighborhood
and are consistent with uses previously approved on the site.
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7/9/24 | Item B1 | Attachment 2
5. The proposed use or project will not generate a volume of traffic beyond the safe
capacity of all roads providing access to the project, either existing or to be improved
in conjunction with the project, or beyond the normal traffic volume of the surrounding
neighborhood that would result from full development in accordance with the land use
element; and
Fact: The proposed amendments will not generate a substantial increase in traffic. The
2 additional proposed residential units, and the removal of another unit, will generate
an insubstantial increase in the volume of traffic.
6. The proposed project is in compliance with any pertinent City policy or criteria adopted
by ordinance or resolution of the City Council.
Fact: As conditioned, the project meets all City and State development standards. City
Council policy requires special findings to be made to approve a Planned Development
Overlay Zone, which includes high-quality landscape design. The proposed
amendments enhance the community amenities and are consistent with the required
findings.
SECTION 5. Approval. The City Council of the City of Atascadero, in a regular session
assembled on July 9, 2024, resolves to approve an Amendment to the Grand Oaks Paseo Master
Plan of Development (AMND24-0045), subject to the following:
EXHIBIT A: Conditions of Approval
EXHIBIT B: Amended project plan components
PASSED AND ADOPTED at a regular meeting of the City Council held on the 9th day
of July 2024.
CITY OF ATASCADERO:
______________________________
Heather Moreno, Mayor
ATTEST:
______________________________
Lara K. Christensen, City Clerk
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7/9/24 | Item B1 | Attachment 2A
Conditions of Approval
Grand Oaks Paseo
Common Area Amendments
AMND24-0045
Timing
BL:
Business License FM: Final Map GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS:
Planning Services BS: Building Services FD: Fire Department
PD:
Police Department CE: City Engineer WW: Wastewat
er
CA: City Attorney
Planning Services
1. City Council Resolution 2019-082 and all associated entitlements shall be
amended to eliminate the cottage unit on Lot 14, eliminate the carport structure,
and add two unit to the second floor of the community building, as depicted in the
attached exhibits and as subject to the conditions listed herein. All previous
conditions approved as part of DEV19-0049 shall remain in effect unless
specifically amended this amendment. The project site is known as the Grand
Oaks Paseo project and this approval shall be in effect regardless of owner.
Ongoing PS
2. The approval of these entitlements shall become final and effective for the
purposes of issuing building permits the day after the final hearing.
Ongoing
PS
3. The Community Development Department shall have the authority to approve
minor changes to the project that (1) result in a superior site design or appearance,
and/or (2) address a construction design issue that is not substantive to the
entitlements.
Ongoing PS
4. The applicant shall defend, indemnify, and hold harmless the City of Atascadero
or its agents, officers, and employees against any claim or action brought to
challenge an approval by the City, or any of its entities, concerning these
entitlements.
Ongoing PS
5. Prior to permit issuance of improvements to the central community area, Lot
14 shall be merged into the adjacent common are lot and shall be provided as
a common amenity space owned by the Owner’s Association, consistent with
EXHIBIT B, and as follows:
Central Open Space area improvements shall include:
• A shade pergola above the fire pit and lounge seating area
• A minimum of 2 natural gas or propane fire pit tables
• A minimum of 3 outdoor dining tables
• A BBQ and outdoor counter area
• Lounge seating within the upper and lower patio space
• Mulch and irrigation installed around the existing oak tree, under the
supervision of a consulting arborist and a minimum of 3 informal seating
areas.
.
Ongoing PS
6. Prior to issuance of permits for the common central amenity area, a bond shall
be submitted and accepted by the city in an amount deemed necessary to
construct all proposed improvements.
BP BS / PS
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7/9/24 | Item B1 | Attachment 2A
Conditions of Approval
Grand Oaks Paseo
Common Area Amendments
AMND24-0045
Timing
BL:
Business License FM: Final Map GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS:
Planning Services BS: Building Services FD: Fire Department
PD:
Police Department CE: City Engineer WW: Wastewat
er
CA: City Attorney
Common central space amenities shall be permitted as needed, installed and
finaled within 3 months of final Council action.
7. An updated phasing plan shall be approved prior to any further permit
application or issuance and prior to granting final occupancy for any residential
unit.
FO BS / PS
8. The bike storage building shall be reduced in height to a maximum of 20-feet
high and a minimum of 12-feet high, and shall comply with the following
parameters:
• Bicycle parking/storage must provide a minimum of one 110-volt
electrical outlet and an additional outlet per ten bicycle parking spaces
for charging electric bicycles.
• Bicycle parking/storage racks must be designed to allow the user to
lock the bicycle to the rack and keep at least one bicycle wheel on the
ground or provide a means for the user to roll the bicycle onto a rack
and lift it up to a second level.
.
Ongoing PS
9. Colors and materials for the community building shall be as depicted in
EXHIBIT B. Modifications that are similar in nature and texture may be
approved by the Community Development Director, and as follows:
• All storefronts and windows shall be black trim, consistent with the
adjacent live-work building.
Ongoing PS
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EXHIBIT B: Amended Project Plan Components
AMND24-0045
New upper patio
space
Informal seating
areas
New lower patio
space
Shade structure on upper patio
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