HomeMy WebLinkAboutAgenda Packet 031108 1918 1 9
CITY OF ATASCADERO
_ ,
CITY COUNCIL
AGENDA
Tuesday, March 11, 2008, 7:00 P.M.
City Hall
Council Chambers
6907 EI Camino Real, Atascadero, California
REGULAR SESSION: 7:00 P.M.
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Beraud
ROLL CALL: Mayor Brennler
Mayor Pro Tem Beraud
Council Member Clay
Council Member Luna
Council Member O'Malley
APPROVAL OF AGENDA: Roll Call
A. CONSENT CALENDAR: (All items on the consent calendar are considered to
be routine and non-controversial by City staff and will be approved by one motion
if no member of the Council or public wishes to comment or ask questions. If
comment or discussion is desired by anyone, the item will be removed from the
consent calendar and will be considered in the listed sequence with an
opportunity for any member of the public to address the Council concerning the
item before action is taken.)
1
1. Temporary Road Closure—Calvary Chapel of Atascadero
■ Fiscal Impact: $190.00 for the installation of Road Closed signs by Public
Works Staff. The road closure costs will be paid by the applicant.
■ Recommendation: Council approve a request by Calvary Chapel of
Atascadero for the closure of Palma Avenue from East Mall to West Mall
for events in the Sunken Gardens on March 23, 2008. [Public Works]
2. T_e_mporary Road Closure— Sunken Gardens Yard Sale
■ Fiscal Impact: $190.00 per event for the installation of Road Closed signs
by Public Works Staff.
■ Recommendation: Council approve a request by the Community Services
Department for a road closure on Palma Avenue from East to West Mall
for the annual Sunken Gardens Yard Sale to be held April 19th, 2008.
[Public Works]
3. Santa Cruz Road Slope Repair (City Bid No. 2007-0006)
■ Fiscal Impact: None.
■ Recommendations: Council:
1. Accept the work of Raminha Construction, Inc., as complete; and,
2. Authorize the Public Works Director to sign and file the Notice of
Completion; and,
3. Authorize the Administrative Services Director to release the
Retention to the Contractor. [Public Works]
4. Route 101/41 Sewer/Water Line Relocation Change Order — Bid No.
2007-005
■ Fiscal Impact: No net fiscal impact.
■ Recommendation: Council authorize the City Manager to approve change
orders in excess of 20% totaling $6,153.64 for additional construction work
on the SR 101/41 Sewer/Water Line Relocation Project. [Public Works]
5. Final Map 2007-0155 (Parcel Map AT 05-0316) 7255 Navaioa (TPM 2005-
0081) Ferris/Seaberg
■ Description: Final map creates two airspace units on one common lot.
■ Fiscal Impact: None.
■ Recommendations: Council:
1. Accept and approve Final Parcel Map 2007-0155 (Parcel Map AT 05-
0316); and,
2. Reject, without prejudice to future acceptance, the offer of dedication
for Public Pedestrian Access Easement on behalf of the public; and,
3. Authorize and direct the City Clerk to endorse the City Council's
approval on the map. [Public Works]
2
6. Code Enforcement Complaint Ordinance
■ Fiscal Impact: None.
r.r, ■ Recommendation: Council adopt on second reading by title only the Draft
Ordinance, amending the Atascadero Municipal Code by adopting section
2-15.06, requiring City Council members and Planning Commissioners to
divulge certain conflicts of interest relating to code enforcement and
planning and zoning code matters. [City Attorney]
7. Second Reading of Draft Ordinances for: PLN 2007-1243 / PLN 2007-
1197 / PLN 2007-1251 General Plan Amendment & Planned Development
7 — Atascadero Avenue Triangle / 6905 Navaioa Avenue (City of
Atascdero/ MLW Holdings, LLC / Atascadero Homeowners, LLC)
■ Description: General Plan Amendment to remove the park requirement
from Master Plan of Development #12; a 9-unit Planned Development;
and a 2-unit Planned Development with a private landscape feature.
■ Fiscal Impact: Based on findings from the Taussig Study, revenue from
new residential development including property tax revenues, vehicle
licensing fees, sales taxes, and other revenues are insufficient to cover
the maintenance and emergency services costs of new development.
Based on the revenue projections from the Taussig Study, the City has
developed standard conditions of approval for new development projects
that require the cost of maintenance and emergency services to be funded
by the project through a combination of road assessment districts,
landscape and lighting districts and community facilities districts
'% (Conditions 8 and 9.) Since there are no common facilities proposed with
these Planned Developments, and the private landscape feature will be
maintained by the sole property owner, a Homeowners Association is not
required.
■ Recommendations: Council:
1. Adopt on second reading, by title only, Draft Ordinance A approving
Zoning Map Amendment 2007-0140, changing the Atascadero
Municipal Code Zoning Designation on Lot 1 of APN 030-283-005
from Recreation (L) to Residential Multi-family, with 16 units per acre
(RMF-16); and,
2. Adopt on second reading, by title only, Draft Ordinance B approving
Zone Change 2007-0145 to allow a 9-unit PD-7 and Zone Change
2007-0146 to allow a 2-unit PD-7 based on findings. [Community
Development]
B. MANAGEMENT REPORTS:
1. Staff Authorization to Process General Plan Amendment
Applications for: Wal-Mart Supercenter PLN 2007-1245 /GPA 2007-
0020 (Wal-Mart Stores, Inc. / EDA) and The Annex Shopping Center
PLN 2007-1246/GPA 2007-0021 (Rottman Group/ EDA)
1, ■ Disclosure of Ex Parte Communications
■ Fiscal Impact: Typically, commercial projects have a positive fiscal
impact on City revenues. However, at this time, staff is unable to
speculate on the significance of this impact. Part of the project's EIR
3
review will include a fiscal impact analysis. The purpose of the
analysis will be to analyze all of the project's costs and revenues and
provide the Council with a complete picture of the project's fiscal
impacts on both the City of Atascadero and the local business
community.
■ Recommendations:
1. The City Council may direct staff to process one or both of the
project applications by adopting Draft Resolutions A and/or B. This
action would include directing staff to return to the City Council for a
Specific Plan project boundary approval;
OR
2. The City Council may withhold authorization for staff to process one
or both of the project applications by adopting Draft Resolution C
and/or D. Withholding authorization for staff to process the
applications does not deny the applications;
OR
3. The City Council may refer one or both of the applications back to
staff for additional analysis or clarification of specific issues. The
Council should provide clear direction on issues that require
additional analysis. [Community Development]
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 five minutes. Please state your name for the record
before making your presentation. The Council may take action to direct the staff to
place a matter of business on a future agenda. A maximum of 30 minutes will be
allowed for Community Forum, unless changed by the Council.)
COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council
Members may make a brief announcement or a brief report on their own activities.
Council Members may ask a question for clarification, make a referral to staff or take
action to have staff place a matter of business on a future agenda. The Council may
take action on items listed on the Agenda.)
C. COMMITTEE REPORTS: (The following represent standing committees.
Informative status reports will be given, as felt necessary):
Mayor Brennler
1 . County Mayor's Round Table
2. Air Pollution Control District (APCD)
3. Finance Committee
4
Mayor Pro Tem Beraud
1. Integrated Waste Management Authority (IWMA)
2. City/ Schools Committee
Council Member Clay
1 . City/ Schools Committee
2. Atascadero Youth Task Force
Council Member Luna
1 . Finance Committee
2. S.L.O. County Flood Control & Water Conservation District Water Resources
Advisory Committee
3. Nacimiento Water Purveyors' Contract Technical Advisory Group
4. North County Water Purveyors Group
Council Member O'Malley
1. S.L.O. Council of Governments (SLOCOG)
2. S.L.O. Regional Transit Authority (SLORTA)
3. Economic Vitality Corporation, Board of Directors (EVC)
4. League of California Cities — Council Liaison and CITIPAC Board Member
D. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
2. City Clerk
3. City Treasurer
4. City Attorney
5. City Manager
E. ADJOURNMENT:
Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that
person may be limited to raising those issues addressed at the public hearing described in this notice, or in written
correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this
public hearing will be distributed to the Council and available for review in the City Clerk's office.
I, Victoria Randall, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury
that the foregoing agenda for the March 11, 2008 Regular Session of the Atascadero City Council
was posted on March 5, 2008 at the Atascadero City Hall, 6907 EI Camino Real, Atascadero, CA
93422 and was available for public review in the Customer Service Center at that location.
Signed this 5th day of March, 2008 at Atascadero, California.
Victoria Randall, Deputy City Clerk
City of Atascadero
5
City of Atascadero
WELCOME TO THE ATASCADERO CITY COUNCIL MEETING
The City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m., at the City Hall
Council Chambers, 6907 EI Camino Real, Atascadero. Matters are considered by the Council in the order of the printed
Agenda.
Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file
in the office of the City Clerk and are available for public inspection during City Hall business hours at the Front Counter of
City Hall and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero
Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by
the City Council. The minutes of this meeting will reflect these numbers. All documents submitted by the public during
Council meetings that are either read into the record or referred to in their statement will be noted in the minutes and
available for review in the City Clerk's office. Council meetings are video taped and audio recorded, and may be reviewed
by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470-
3400).
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting
or other services offered by this City, please contact the City Manager's Office or the City Clerk's Office, both at (805)
470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in
assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
TO SPEAK ON AGENDA ITEMS(from Title 2, Chapter 1 of the Atascadero Municipal Code)
Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their
report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and
will request anyone interested to address the Council regarding the matter being considered to step up to the lectern. If
you wish to speak for, against or comment in any way:
1. You must approach the lectern and be recognized by the Mayor
2. Give your name and address (not required)
3. Make your statement
4. All comments should be made to the Mayor and Council
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other
individual, absent or present
6. All comments limited to 5 minutes (unless changed by the Council)
7. No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one
may speak more than twice on any item.
If you wish to use a computer presentation to support your comments, you must notify the City Clerk's office at least 24
hours prior to the meeting. Digital presentations brought to the meeting on a USB drive or CD is preferred. Access to
hook up your laptop to the City's projector can also be provided. You are required to submit to the City Clerk a printed
copy of your presentation for the record. Please check in with the City Clerk before the meeting begins to announce your
presence and turn in the printed copy.
The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be
heard by the Council.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the
Council to:
• Please approach the lectern and be recognized
• Give your name and address (not required)
• State the nature of your business
This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be
allowed for Community Forum (unless changed by the Council).
6
ITEM NUMBER: A-1
DATE: 3/11/08
n
1915 � 19 8
Atascadero City Council
Agenda Report - Public Works Department
Temporary Road Closure
Calvary Chapel of Atascadero
RECOMMENDATION:
Council approve a request by Calvary Chapel of Atascadero for the closure of Palma
Avenue from East Mall to West Mall for events in the Sunken Gardens on March 23,
2008.
DISCUSSION:
,r The Community Services Department has approved rental of the Sunken Gardens to
the Calvary Chapel of Atascadero on Sunday, March 23, 2008. The applicant is
requesting the closure of this section of Palma Avenue, as indicated on the attached
map, from 7:30 a.m. to 3:00 p.m. to allow for activities related to this event. Closure of
this section of Palma will have minimum impact to traffic circulation.
FISCAL IMPACT:
$190.00 for the installation of Road Closed signs by Public Works Staff. The road
closure costs will be paid by the applicant.
ATTACHMENT:
Road Closure Map
7
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Request for • . • Closure
Sunday,Palma Avenue from East to West Mail
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To •
ITEM NUMBER: A-2
DATE: 3/11/08
leis ■ ie e
Atascadero City Council
Agenda Report - Public Works Department
Temporary Road Closure
Sunken Gardens Yard Sale
RECOMMENDATION:
Council approve a request by the Community Services Department for a road closure
on Palma Avenue from East to West Mall for the annual Sunken Gardens Yard Sale to
be held April 19th, 2008.
DISCUSSION:
wr The Community Services Department is requesting closure of Palma Avenue only from
East to West Mall as indicated on the attached map during the hours of 5:00 a.m. to
4:00 p.m.
FISCAL IMPACT:
$190.00 per event for the installation of Road Closed signs by Public Works Staff.
ATTACHMENT:
Road Closure Map
9
Saturday, April 19t", 2008
5:00 a.m. — 4:00 p.m.
Community Services Department
Sunken Gardens Yard Sale
10
ITEM NUMBER: A-3
DATE: 3/11/08
n
1 8 1919 8
Atascadero City Council
Staff Report - Public Works Department
Santa Cruz Road Slope Repair
(City Bid No. 2007-0006)
RECOMMENDATIONS:
Council:
1. Accept the work of Raminha Construction, Inc., as complete; and,
2. Authorize the Public Works Director to sign and file the Notice of Completion;
and,
3. Authorize the Administrative Services Director to release the Retention to the
Contractor.
DISCUSSION:
A landslide occurred under and along the west end of Santa Cruz Road, near San
Gregorio. The slide damaged the existing utilities, road and embankments. The slope
has now been successfully repaired by removing landslide material down to competent
bedrock, construction of geogrid reinforced slopes, and replacement of the existing paved
roadway.
Project bids were called for on July 11, 2007, and were reviewed for accuracy and
compliance with the City of Atascadero Procurement Policy. The responsible low
bidder was Raminha Construction with a bid of $227,678.00. The City had budgeted
$598,640 for engineering and construction. Construction changes were later required
because of an increase in excavation depth, and additional change orders were
required. The additional funding came from Local Transportation funds and totaled
$202,410.
A final inspection was performed on February 7, 2008. The project was found to be
satisfactorily completed, and filing of the Notice of Completion with the County Clerk is
recommended.
_ 11
FISCAL IMPACT:
SANTA CRUZ ROAD SLOPE STABILIZATION SOURCES AND USES:
PROJECT EXPENDITURES
Plans, specifications and engineering $ 57,370
Temporary stabilization 26,710
Construction engineering (inspection, administration, survey, and
testing) 52,190
Construction- Original Contract 227,680
Construction- Change Order #1 200,000
Construction- CHANGE ORDER #2 227,096
Contingency 10,000
TOTAL PROJECT EXPENDITURES1 $ 801,046
PROJECT FUNDING SOURCES
Local Transportation Funds $ 598,640
Local Transportation Funds (Additional Budget Request) 202,410
TOTAL PROJECT FUNDING SOURCES $ 801,050
12
ITEM NUMBER: A-4
DATE: 3/11/08
■ ■e an
1918 5 9
Atascadero City Council
Staff Report - Public Works Department
Route 101/41 Sewer/Water Line Relocation
Change Order
Bid No. 2007-005
RECOMMENDATION:
Council authorize the City Manager to approve change orders in excess of 20% totaling
$6,153.64 for additional construction work on the SR 101/41 Sewer/Water Line Relocation
Project.
DISCUSSION:
In preparation for the Route 101/41 intersection improvement project, the City Council
awarded a contract to MGE Underground, Inc. for $192,894, to relocate both water and
sewer mains in State Route 41, beneath the Highway 101 overpass. The cost of the
relocation is being fully reimbursed by Caltrans.
During the course of the project, Change Orders increased the cost of this project above the
20% aggregate change in contract price threshold allowed by the City's purchasing policy.
Change orders were necessary because the water and sewer lines were both found to be
deeper than originally believed. (Additional negative change orders have since come in
reducing the aggregate below the 20% threshold, however the purchasing policy requires the
approval once the 20% threshold is reached.) No budget adjustments will be necessary for
this authorization and Caltrans will be reimbursing the City for all expenses incurred
FISCAL IMPACT:
No net fiscal impact.
ALTERNATIVE:
1. Do not authorize the City Manager to expend additional funds on this project. Staff does
not recommend this alternative. This additional funding request will not exceed the
estimated project cost.
13
14
ITEM NUMBER: A-5
DATE: 3/11/08
.� ee e ■
n
1918 �178a
Atascadero City Council
Staff Report - Public Works-Department
Final Map 2007-0155 (Parcel Map AT 05-0316)
7255 Navajoa (TPM 2005-0081)
Ferris/Seaberg
(Final map creates two airspace units on one common lot.)
RECOMMENDATIONS:
Council:
1. Accept and approve Final Parcel Map 2007-0155 (Parcel Map AT 05-
0316); and,
2. Reject, without prejudice to future acceptance, the offer of dedication for
Public Pedestrian Access Easement on behalf of the public; and,
' 3. Authorize and direct the City Clerk to endorse the City Council's approval
on the map.
DISCUSSION:
Tentative Parcel Map 2005-0081 was approved by the Planning Commission on
June 6, 2006. The Tentative Parcel Map created two airspace units on one
common lot. No additional lots were created as part of this action.
Pursuant to California Government Code Section 66412, the approving
legislative body (City Council) shall limit its review to whether or not the Parcel
Map will conform to the General Plan and any zoning and building ordinances.
Staff has determined that Final Map 2007-0155, is in substantial conformance
with the General Plan and all applicable zoning and building ordinances..
FISCAL IMPACT: None
ATTACHMENT:
Exhibit A: Final Map 2007-0155 (Parcel Map AT 05-0316)
15
Exhibit A
Final Map 2007-0155(Parcel Map AT 05-0316)
7255 Navajoa
Ferris/Seaberg
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- 16
ITEM NUMBER: A-6
DATE: 3/11/08
n
1915 � 1979
I li
Atascadero City Council
Staff Report - City Attorney's Office
Code Enforcement Complaint Ordinance
RECOMMENDATION:
Council adopt on second reading by title only the Draft Ordinance, amending the
Atascadero Municipal Code by adopting section 2-15.06, requiring City Council
members and Planning Commissioners to divulge certain conflicts of interest relating to
code enforcement and planning and zoning code matters.
DISCUSSION:
The City Council directed the City Attorneyto draft an ordinance to provide that
members of the City Council and Planning Commission who file code enforcement
complaints disclose that they filed such a complaint if the complaint comes before their
body for a decision and recuse themselves from participating in such a decision. This
ordinance would require disclosure and recusal from any member finding himself or
herself in this type of situation.
The Council introduced the draft Ordinance at the February 26, 2008 meeting. Once
the Council adopts this draft Ordinance on second reading, it will go into effect 30 days
later.
FISCAL IMPACT: None.
ALTERNATIVES:
1. Council direct City Staff or the City Attorney to prepare an alternate ordinance.
2. Council take no action.
ATTACHMENT: Draft Ordinance
17
DRAFT ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AMENDING THE ATASCADERO
MUNICIPAL CODE BY ADOPTING SECTION 2-15.06 REQUIRING CITY
COUNCIL MEMBERS AND PLANNING COMMISSIONERS TO
DIVULGE CERTAIN CONFLICTS OF INTEREST RELATING TO CODE
ENFORCEMENT AND PLANNING AND ZONING CODE MATTERS
The City Council hereby finds and declares as follows:
WHEREAS, Title 12 of the Atascadero Municipal Code sets forth the procedures for
enforcement of the Municipal Code and specifically for penalties and citations issued in response
to violations of the Municipal Code; and,
WHEREAS, the City has adopted a policy and a form for citizen complaints regarding
Municipal Code compliance and enforcement, which policy and form provide for the
confidentiality of a citizen making a Municipal Code compliance complaint; and,
WHEREAS, Title 9, Chapter 8 of the Municipal Code sets forth the procedures for
enforcement of the sections of the Municipal Code that constitute the Planning and Zoning Code;
and,
WHEREAS, Title 9, Chapter 8 of the Municipal Code establishes the Planning
Commission as the hearing body and the City Council as the appeals body for enforcement of
and revocation of Planning and Zoning Code approvals; and,
WHEREAS, the City has adopted a policy for citizen complaints regarding Planning and
Zoning Code compliance and enforcement, which policy and form provide for the confidentiality
of a citizen making a complaint; and,
WHEREAS, Title 2, Chapter 1 of the Municipal Code sets forth the principles for the
governing of City Council meetings and activities and Title 2, Chapter 15 of the Municipal Code
establishes the conflict of interest rules governing the City Council; and,
WHEREAS, Title 2, Chapter 15 of the Municipal Code does not contain any provisions
relating to conflicts of interests arising from enforcement of the Municipal Code or enforcement
of and revocation of Planning and Zoning Code approvals; and
WHEREAS, Title 2, Chapter 9 of the Municipal Code establishes the Planning
Commission and vests the Commission with certain powers and duties but does not contain any
provisions relating to conflicts of interests arising from enforcement of the Municipal Code or
enforcement of and revocation of Planning and Zoning Code approvals; and,
18
City of Atascadero
Ordinance No.—
Page 2 of 3
WHEREAS, the City Council desires to clarify the conflict of interest provisions of the
Municipal Code to ensure that a City Council Member or Planning Commissioner does not
participate in hearings or appeals relating to enforcement of the Municipal Code or enforcement
of and revocation of Planning and Zoning Code approvals where the Member or Commissioner
filed the complaint leading to the hearing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS
SECTION 1. Findinjjs
The City Council hereby incorporates the foregoing recitals and in addition finds as follows:
1. Amendment of the Municipal Code is necessary to clarify the City's conflict of
interest provisions and ensure that no Council Member or Planning Commissioner
participates in a hearing or appeal relating to enforcement of the Municipal Code or
enforcement of and revocation of Planning and Zoning Code approvals where the
Member or Commissioner filed the complaint leading to the hearing.
2. The City of Atascadero would benefit from disclosure by City Council Members
and Planning Commissioners who file a complaint leading to enforcement of the
Municipal Code or enforcement of and revocation of Planning and Zoning Code
approvals to maintain the impartiality of the proceedings.
3. The City would further benefit from a prohibition against a City Council Member's
or Planning Commissioner's participation in any decision arising out of a complaint
that he or she filed. This prohibition, arising from the presumptions that the
member's filing of the complaint indicates a prejudgment of the matter and that the
member is incapable of providing fair treatment to the matter due to prejudgment,
further maintains the impartiality of the proceedings.
SECTION 2. Adoption. The City Council of the City of Atascadero, in a regular session
assembled on February 26, 2008, resolved to introduce for first reading by title only, an
Ordinance that would amend the Municipal Code text with the following:
Section 2-15.06 of the Atascadero Municipal Code is added to read as follows:
2-15.06 Disclosure and Disqualification for Enforcement Hearings of City
Council Members or Planning Commissioners.
(1) This section of the conflict of interest code shall be applicable to members of the
City Council as well as members of the Planning Commission (as established by
Title 2, Chapter 9 of this Municipal Code).
(2) Any member of the City Council or Planning Commission who files a complaint
leading to an enforcement action pursuant to Title 12 of the Municipal Code or an
19
City of Atascadero
Ordinance.No._
Page 3 of 3
enforcement action pursuant to Title 9, Chapter 8 of the Municipal Code must
disclose that he or she filed a complaint. Such disclosure must take place prior to 4001
the matter being heard by the body on which the officer sits.
(3) After the member of the City Council or Planning Commission discloses his or her
participation in the action, that member must recuse himself or herself from
making, participating in making, or influencing as an officer any decision on the
matter. The member may participate in any hearing on the matter as a private
citizen or complainant if the member's interest in the matter qualifies as a "personal
interest" as defined by the Political Reform Act, California Government Code
sections 87100 et seq. and applicable regulations.
SECTION 3: A summary of this ordinance, approved by the City Attorney, together with the
ayes and noes, shall be published twice: at least five days prior to its final passage in the
Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before
the expiration of fifteen (15) days after its final passage, in the Atascadero News, a newspaper
published and circulated in the City of Atascadero. A copy of the full text of this ordinance shall
be on file in the City Clerk's Office on and after the date following introduction and passage and
shall be available to any interested member of the public.
INTRODUCED at a regular meeting of the City Council held on , and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on
by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: CITY OF ATASCADERO
Marcia McClure Torgerson, C.M.C., Mike Brennler, Mayor
City Clerk
APPROVED AS TO FORM:
Brian Pierik, City Attorney
20
ITEM NUMBER: A-7
DATE: 3/11/08
.,, e e e ■
n
1918 1979
Atascadero City Council
Staff Report - Community Development Department
Second Reading of Draft Ordinances for:
PLN 2007-1243 / PLN 2007-1197 / PLN 2007-1251
General Plan Amendment & Planned Development 7
Atascadero Avenue Triangle / 6905 Navajoa Avenue
(City of Atascadero / MLW Holdings, LLC/ Atascadero Homeowners, LLC)
(General Plan Amendment to remove the park requirement from Master Plan of
Development#12; a 9-unit Planned Development; and a 2-unit Planned
Development with a private landscape feature.)
RECOMMENDATIONS:
Council:
1. Adopt on second reading, by title only, Draft Ordinance A approving Zoning Map
Amendment 2007-0140, changing the Atascadero Municipal Code Zoning
Designation on Lot 1 of APN 030-283-005 from Recreation (L) to Residential Multi-
family, with 16 units per acre (RMF-16); and,
2. Adopt on second reading, by title only, Draft Ordinance B approving Zone Change
2007-0145 to allow a 9-unit PD-7 and Zone Change 2007-0146 to allow a 2-unit PD-
7 based on findings.
REPORT-IN-BRIEF:
The proposed project consists of the following components:
1.) A City initiated General Plan Text Amendment, Land Use Diagram Amendment,
and Zoning Map Amendment. The project site is approximately 2.24 acres and
consists of three parcels. The General Plan Land Use designation on Lot 1 is
proposed to be changed from Recreation to High Density Residential. Currently,
the General Plan requires that the project site be developed with a Master Plan of
Development, including a minimum 1/2 acre pocket park. The City initiated
21
applications propose to amend the General Plan's Master Plan of Development
Overlay #12 to remove the requirement for a '/2 acre park on the Atascadero
Avenue Triangle site, and to allow two residential units on Lot 1, as directed by the
City Council
2.) Lots 2 & 3 (MLW Holdings, LLC): The project proposes a PD-7 Overlay with nine
single-family units. The project includes a tree removal application for eight Black
Walnuts, totaling 310 inches DBH.
3.) Lot 1 (Atascadero Homeowners, LLC): A PD-7 Overlay is proposed on Lot 1. A
Tentative Parcel Map is included which proposes to create three parcels, two of
which are proposed to be developed with single-family residences, and the third is
proposed as a private landscape feature. Due the General Plan's Master Plan of
Development requirement on the subject site, and fact that the PD-7 does not allow
for a 2-unit Planned Development, the application is being processed in conjunction
with the application above.
Lot sizes in both projects range from 5700-8700 sq. ft. The residences are proposed at
approximately 1567 sq. ft. with two-car garages. A total of 4,040 cu. yards of fill would
be required to develop the 11 units. Frontage improvements would be installed and the
residences would connect to City sewer. The project site is currently vacant.
The City Council held a hearing on February 26, 2008 to consider approval of the
proposed project. The project was approved on a 3-2 vote. The City Engineer Project
Condition #3 of the Map and the Master Plan of Development was amended to require
that the applicant pay for the traffic warrant analysis, and the improvement cost required
by the warrant analysis shall be the responsibility of the City of Atascadero. The City
Council must approve the two attached draft ordinance on second reading in order for
the project entitlements to go into effect.
22
Situation and Facts: PLN 2007-1243/ GPA 2007-0019 / ZCH 2007-0140
1. Applicant: City of Atascadero, 6907 EI Camino Real, Atascadero,
CA 93422
2. Owners: Lot 1: Atascadero Homeowners, LLC, Kelly Gearhart,
6205 Alcantara Avenue, Atascadero, CA 93422
Lots 2 & 3: MLW Holdings, LLC, PO Box 604,
Atascadero, CA 93423
3. Project Address: 6905 Navajoa Avenue (San Luis Obispo County)
APN 030-283-005; Lots 1 , 2, and 3
4. General Plan Designation: High Density Residential (HDR) & Recreation (REC)
5. Zoning District: Residential Multi-Family-16 (RMF-16) & Recreation (L)
6. Site Area: Approximately 2.24 acres
7. Existing Use: Vacant
8. Environmental Status: Proposed Mitigated Negative Declaration 2007-0027
Situation and Facts: PLN 2007-1197 / ZCH 2007-0145
CUP 2007-0208 /TTM 2007-0101 /TRP 2007-0116
1. Applicant: Adamski, Moroski, Madden & Green, LLP
PO Box 3835, San Luis Obispo, CA 93403
2. Owner: MLW Holdings, LLC
PO Box 604, Atascadero, CA 93423
3. Project Address: 6905 Navajoa Avenue (San Luis Obispo County)
APN 030-283-005; Lots 2 and 3
4. General Plan Designation: High Density Residential (HDR)
5. Zoning District: Residential Multi-Family-16 (RMF-16)
6. Site Area: Approximately 1.86 acres
7. Existing Use: Vacant
8. Environmental Status: Proposed Mitigated Negative Declaration 2007-0027
23
Situation and Facts: PLN 2007-1251
ZCH 2007-0146 /TPM 2007-0091 / CUP 2007-0219
1. Applicant: Adamski, Moroski, Madden & Green, LLP
PO Box 3835, San Luis Obispo, CA 93403
2. Owner: Atascadero Homeowners, LLC, Kelly Gearhart
6205 Alcantara Avenue, Atascadero, CA 93422
3. Project Address: 6905 Navajoa Avenue (San Luis Obispo County)
APN 030-283-005; Lot 1
4. General Plan Designation: Recreation (REC) (Proposed to change to High Density
Residential (HDR))
5. Zoning District: Recreation (L) (Proposed to change to Residential
Multi-Family-16 (RMF-16))
6. Site Area: Approximately 0.38 acres
7. Existing Use: Vacant
8. Environmental Status: Proposed Mitigated Negative Declaration 2007-0027
24
Location Map
` w RMF-16
x i CR&
PD—3
RMF-16
1/ t
r� I
` 1 RMF-10 P
MM
a
RMF-16 � Project Site
6905 Navajoa Avenue
r
y -S�I►�cht#r� _ L
CP
': � RMF-10 ;�• o
70660
FISCAL IMPACT:
Based on findings from the Taussig Study, revenue from new residential development
including property tax revenues, vehicle licensing fees, sales taxes, and other revenues
are insufficient to cover the maintenance and emergency services costs of new
development. Based on the revenue projections from the Taussig Study, the City has
developed standard conditions of approval for new development projects that require
the cost of maintenance and emergency services to be funded by the project through a
combination of road assessment districts, landscape and lighting districts and
community facilities districts (Conditions 8 and 9.) Since there are no common facilities
proposed with these Planned Developments, and the private landscape feature will be
maintained by the sole property owner, a Homeowners Association is not required.
ATTACHMENTS:
Attachment 1: Draft Ordinance A
Attachment 2: Draft Ordinance B
25
ATTACHMENTIS: Draft Ordinance A
Approval of City Initiated Zoning Map Change
DRAFT ORDINANCE A
ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING ZONE
CHANGE 2007-0145, AMENDING THE OFFICIAL ZONING MAP
DESIGNATION FROM RECREATION (L) TO RESIDENTIAL
MULTIFAMILY WITH 16 UNITS PER ACRE (RMF-16)
APN 030-283-005; Lot 1
6905 Navajoa Avenue
(City of Atascadero/Atascadero Homeowners, LLC /MLW Holdings, LLC)
The City Council hereby finds and declares as follows:
WHEREAS, an application has been received from the City of Atascadero, 6907 El
Camino Real, Atascadero, CA 93422, (Applicant), Atascadero Homeowners, LLC, 6205
Alcantara Avenue, Atascadero, CA 93422, (Property Owner), and MLW Holdings, LLC, P.O.
Box 604, Atascadero, CA 93423, (Property Owner), to consider a project consisting of a Zoning
Map Change from L (Recreation) to RMF-16 (Residential Multi-family) on a 0.38-acre site
located at 6905 Navajoa Avenue (APN 030-283-005; Lot 1); and,
WHEREAS, the City Council has approved the site's current General Plan Designation
be changed from REC (Recreation) to HDR (High Density Residential with 16 units per acre);
and,
WHEREAS, the site's current zoning district is L (Recreation); and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0027 were
prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act (CEQA); and,
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact this amendment to the Official Zoning Map to protect the health, safety and welfare
of its citizens by applying orderly development of the City; 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 Zone
Change application was held by the Planning Commission of the City of Atascadero at which
26
hearing evidence, oral and documentary, was admitted on behalf of said Zoning Amendments;
,,. and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on January 15, 2008, studied and considered Zone Change 2007-0140, after
first studying and considering the Proposed Mitigated Negative Declaration prepared for the
project, and,
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on March 11, 2008, studied and considered Zone Change 2007-0140, after first studying
and considering the Proposed Mitigated Negative Declaration prepared for the project; and,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Findings for Approval of a Zone Change to the Official Zoning Map of
Atascadero chanting the existing site zoning to RMF-16 (Residential Multi-family with 16
units per acre. The City Council finds as follows:
1. The proposed project or use is consistent with the General Plan; and,
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance); and,
3. The establishment, and subsequent operation or conduct of the use will not, because of
the circumstances and conditions applied in the particular case, be detrimental to the
health, safety, or welfare of the general public or persons residing or working in the
neighborhood of the use, or be detrimental or injurious to property or improvements in
the vicinity of the use; and,
4. The proposed project or use will not be inconsistent with the character or the immediate
neighborhood or contrary to its orderly development.
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular
session assembled on March 11, 2008, resolved to introduce for first reading by title only, an
ordinance that would rezone the subject site consistent with the following:
Exhibit A: Zone Map Amendment Diagram
27
SECTION 3. A summary of this ordinance, approved by the City Attorney, together
with the ayes and noes, shall be published twice: at least five days prior to its final passage in 4
the Atascadero News, a newspaper published and circulated in the City of Atascadero, and;
before the expiration of fifteen (15) days after its final passage in the Atascadero News, a
newspaper published and circulated in the City of Atascadero. A copy of the full text of this
ordinance shall be on file in the City Clerk's office on and after the date following introduction
and passage and shall be available to any interested member of the public.
INTRODUCED at a regular meeting of the City Council held on , and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on
by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CITY OF ATASCADERO
By:
Mike Brennler, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C.,
City Clerk
APPROVED AS TO FORM:
Brian Pierik, City Attorney
28
Exhibit A: Zone Map Amendment Diagram
�MIMr''
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r
n
��, �� �,;, � � � �, �ksr----�5'aFt'4r►d�esAv�
1 A\ 1 `;
Mo-
Zoning Map Amendment �;'`�
1
APN 030-283-005: Lot 1:
Existing Zoning:
L(Recreation)
Proposed Zoning:
RMF-16(Residential Multi-family-16 units per
acre
29
ATTACHMENT 2: Draft Ordinance B +
Approval of Proposed Zoning Map Change for PD-7
DRAFT ORDINANCE B
ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING ZONE
CHANGE 2007-0145 AND ZONE CHANGE 2007-0146, AMENDING THE
OFFICIAL ZONING MAP DESIGNATION OFAPN 030-283-005 FROM
RMF-16 (RESIDENTIAL MULTI-FAMILY — 16) TO RMF-16 /PD-7
(RESIDENTIAL MULTI-FAMILY — 16/PLANNED DEVELOPMENT
OVERLAY #7)
(Adamski, Moroski, Madden & Green, LLP/Atascadero Homeowners, LLC /
MLW Holdings, LLC)
The City Council hereby finds and declares as follows:
WHEREAS, applications has been received from Adamski, Moroski, Madden & Green,
LLP, P.O. Box 3835, San Luis Obispo, CA 93403, (Applicant), Atascadero Homeowners, LLC,
6205 Alcantara Avenue, Atascadero, CA 93422, (Property Owner), and MLW Holdings, LLC,
P.O. Box 604, Atascadero, CA 93423, (Property Owner), to consider a project consisting of a
Zone Change from RMF-16 (Residential Multi-family-16) to RMF-16/PD-7 (Residential Multi-
Family-16 with a Planned Development Overlay-7) with corresponding Master Plan of
Developments, Tentative Tract Map, and Tentative Parcel Map on a 2.24-acre site located at
6905 Navajoa (APN 030-283-005); and,
WHEREAS, the site's General Plan Designation is HDR (High Density Residential) on
Lots 2 and 3, and the City Council has approved a General Plan Amendment to change the
General Plan Designation on Lot 1 from Recreation (REC) to High Density Residential (HDR);
and,
WHEREAS, the site's Zoning Designation is Residential Multi-family with 16 units per
acre (RMF-16) on Lots 2 and 3, and the City Council has approved a Zone Change to change the
zoning on Lot 1 from L (Recreation) to RMF-16 (Residential Multi-family with 16 units per
acre); and,
WHEREAS, the Planned Development Overlay-7 requires a minimum of 4 units, and by
combining the 2-unit and 9-unit projects as a Master Planned site per the General Plan
requirements, the application on Lot 1 meets this criteria; and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0027 were
prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act (CEQA); and,
30
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact this amendment to•the Official Zoning Map to protect the health, safety, and
welfare of its citizens by applying orderly development of the City; 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 Zone
Change application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendments;
and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on January 15, 2008 studied and considered Zone Change 2007-0145 and
Zone Change 2007-0146, after first studying and considering the Proposed Mitigated Negative
Declaration prepared for the project, and,
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on March 11, 2008, studied and considered Zone Change 2007-0145 and Zone Change
2007-0146, after first studying and considering the Proposed Mitigated Negative Declaration
prepared for the project; and,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1.Findings for Approval of a Zone Change to the Official Zoning Map of
_Atascadero Changing the existing site zoning to RMF-16/ PD-7. The City Council finds as
follows:
1. Modification of development standards or processing requirements is warranted to
promote orderly and harmonious development.
2. 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.
3. Benefits derived from the Overlay Zone cannot be reasonably achieved through
existing development standards or processing requirements.
4. The proposed project offers certain redeeming features to compensate for the
requested zone change.
SECTION 2.Approval. The City Council of the City of Atascadero, in a regular
session assembled on March 11, 2008, resolved to introduce for first reading by title only, an
ordinance that would rezone the subject site consistent with the following:
VOW
31
1. Exhibit A: Location Map/Zone Map Amendment Diagram
SECTION 3. A summary of this ordinance, approved by the City Attorney, together
with the ayes and noes, shall be published twice: at least five days prior to its final passage in
the Atascadero News, a newspaper published and circulated in the City of Atascadero, and;
before the expiration of fifteen (15) days after its final passage in the Atascadero News, a
newspaper published and circulated in the City of Atascadero. A copy of the full text of this
ordinance shall be on file in the City Clerk's office on and after the date following introduction
and passage and shall be available to any interested member of the public.
INTRODUCED at a regular meeting of the City Council held on and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on
by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CITY OF ATASCADERO
By:
Mike Brennler, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C.,
City Clerk
APPROVED AS TO FORM:
Brian Pierik, City Attorney
32
Exhibit A: Location MaplZone Map Amendment Diagram
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Project Site (Change
from RMF-16 to RMF-16
" ' r with PD-7 Overlay)
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33
34
ITEM NUMBER: B-1
DATE: 3/11/08
.J ■■ ■ ■
IN ■ 19]9
I
Atascadero City Council
Staff Report - Community Development Department
Staff Authorization to Process
General Plan Amendment Applications for:
Wal-Mart Supercenter
PLN 2007-1245 / GPA 2007-0020
(Wal-Mart Stores, Inc. / EDA)
and
The Annex Shopping Center
PLN 2007-1246 / GPA 2007-0021
(Rottman Group / EDA)
RECOMMENDATIONS:
1. The City Council may direct staff to process one or both of the project
applications by adopting Draft Resolutions A and/or B. This action would include
directing staff to return to the City Council for a Specific Plan project boundary
approval,
OR
2. The City Council may withhold authorization for staff to process one or both of
the project applications by adopting Draft Resolution C and/or D. Withholding
authorization for staff to process the applications does not deny the applications,
OR
3. The City Council may refer one or both of the applications back to staff for
additional analysis or clarification of specific issues. The Council should provide
clear direction on issues that require additional analysis.
35
DISCUSSION:
Background:
On October 23, 2007, the City Council directed staff not to process a combined Wal-
Mart.Supercenter / Annex Shopping Center project with a 4-1 vote. At that time, the
Wal-Mart Supercenter site was 26.5 acres and included a 184,195 square foot
commercial building, plus a 10,563 square foot outdoor garden center for a total of
194,758 SF. The site also included two commercial-retail building pads along EI Camino
Real totaling 16,500 square feet.
On January 25, 2008, staff received the current application with revisions to the Wal-
Mart Supercenter site. This revised application represents a reduced site of 16.3±
acres, with a reduced-size building for grocery sales of approximately 142,811± square
feet and a 3,696± square-foot outdoor garden area, for a total building area with outdoor
garden center of 146,507± square feet.
City Council policy requires that the Council authorize staff to process all General Plan
Amendment applications. The Council's policy also requires all General Plan
Amendments to be reviewed and processed in a manner to facilitate citizen
participation. As such, staff has outlined an approach for Council action that is
consistent with General Plan Amendment policy. Under this approach, the Council has
the ability to receive this initial staff report, hearing public testimony on the proposed
applications, and then either: (1) direct staff to process the project applications; or (2)
withhold staff authorization to process one or both of the applications which would result
in no further action related to the project.
For these applications, the Council General Plan Amendment policy suggests the
following process if the Council directs staff to process one or both of the applications:
1. Neighborhood Community Meeting
The applicant is required to hold a community meeting to solicit public
concerns and discuss issues related to the General Plan Amendments. The
applicant is responsible for organizing and conducting the meeting and
attempting to resolve as many issues as possible.
2. Joint Study Session.
A joint City Council/Planning Commission study session, along with general
plan and environmental analysis will be required early in the project review
process. Comments from the Planning Commission and the public will be
incorporated in the project to the extent possible.
36
Project Summary:
The City of Atascadero has received two separate General Plan Amendment
applications for both a Wal-Mart Supercenter and The Annex Shopping Center, located
adjacent to each other at the Del Rio Road / EI Camino Real intersection. The overall
project site plan and boundary are shown below.
44 °°
0 WAL- ART
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EtImo'
u..
II II
_
FZ
MISSION OAKS'
r -
Wal-Mart Super Center (PLN 2007-1245)
1. Applicant: EDA Design Professionals
1998 Santa Barbara Street
San Luis Obispo, CA 93401
2. Owner: Wal-Mart Stores, Inc.
2001 S.E. 10th Street
Bentonville, AR 72716
3. Project Addresses: 2005, 2055, 2115, 2205, 2325, EI Camino Real and 4999,
5505, 5705, 5701 Del Rio Road
4. Assessor Parcel Numbers: 049-112-002, 22, 036, and 039 / 049-151-037, 040, and 041.
5. General Plan Designations: 10.7± acres: GC - General Commercial
10.3± acres: MDR- Medium Density Residential
37
6. Zoning District: 10.7± acres: CR (Commercial Retail)
10.3± acres: RMF-16 (Residential Multi-family 16 ,
units/ acre)
7. Existing Use: Primarily vacant with one uninhabited single-family
Colony House
The Wal-Mart project consists of a request for a General Plan Land Use Diagram
Amendment from SE, MDR, and HDR (Suburban Estate, Medium and High Density
Residential) to GC (General Commercial) of a 21 .0± acre site. Wal-Mart's application
proposes a commercial-retail store with a grocery sales building of approximately
142,811± square feet and a 3,696± square-foot outdoor garden area for a total building
area with outdoor garden center of 146,507± square feet. Site plans indicate the entire
site would be terraced to create a 650± space parking lot with one driveway on EI
Camino Real and two driveways on Del Rio Road.
Legend
General Merchandise Sales Area 75,147 S.F.
Retail Tenant Area 2,543 S.F.
Grocery Sales Area 26,516 S.F.
Grocery Support Area 7,882 S.F.
LL l Stockroom/Receiving Area 22,572 S.F.
Ancillary Area 8,151 S.F.
Total Building Area 142,811 S.F.
mn
Outdoor Garden Center Area 3,696 S.F.
Total Building Area with Outdoor Garden
Center Area 146,507 S.F.
38
_ANN I:X
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LAN N1.X
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Wal-Mart Supercenter Conceptual Site Plan
e
39
The Annex Shopping Center (PLN 2007-1246)
w0
1. Owner/Applicant: The Rottman Group
1065 Higuera Street
San Luis Obispo, CA 93401
2. Project Addresses: 1905, 1829, 1831, 1843, 1800, and 1725 EI Camino Real /
5510 and 5700 Del Rio Road
3. Assessor Parcel Numbers: 049-102-020, 031, 032, 045, 048, 050, 056 and 049-131-070
4. General Plan Designations: 10.0± acres: GC - General Commercial
1.0±acres: CPK — Commercial Park
4.0± acres: SFR-X — Single-Family Residential - X
5. Zoning District: 10.0± acres: CR (Commercial Retail)
4.0± acres: RSF-X — Residential Single Family - X
1.0± acres: CPK— Commercial Park
6. Existing Use: Primarily vacant with one uninhabited single-family
Colony House.
The Annex project consists of a request for a General Plan Land Use Diagram
Amendment of approximately 5± acres of SFR-X (Single-Family Residential-X) and
approximately 2± acres of CPK (Commercial Park) to GC (General Commercial). The
Annex application would allow 115,850± square feet of commercial buildings on
separate parcels totaling 15± acres of land.
40
Tg\\\ .\ \
SUMMARY
Parcell
Land 9.97 AC - 4343 02 SF
Building 103,350 SF
ti\\��� Parking Provided 552 Spaces
Parkin
\ \ 5.34/1000
\ `\ \ma g Ratio
�
F \ \\*\ \\ \\ \\\\\' 1
\��\ �\N\\ — Parcel 2 -
Land 1.73 AC 75,579 SF
Building 12,500 SF
ParkingProvided 127 Spaces
\ ////
/ in Ratio 10.16/1000
/ Pork g
/
1L Parking Field Tree
Entry Tree
46 Street Tree
j�/ .«. Parking Light Standard
7
410b 40/ 4�{
Allow I
7///,,
60
Al
The Annex Conceptual Site Plan
41
Analysis:
Summary:
A complete project analysis that accurately assesses the benefits and impacts of the
proposed projects would require significant time and staff resources to complete. Since
staff has not been authorized to process the applications, staff has not prepared an
analysis of the proposed projects. The following is a brief summary of the projects as
submitted by the applicants. The project plans, maps, and justification statement have
been attached for the Council's information.
The proposed Wal-Mart application is for the construction of a commercial-retail store
with grocery sales building of approximately 142,811± square feet and a 3,696± square-
foot outdoor garden area for a total building area with outdoor garden center of
146,507± square feet. The proposed Annex project application is for 115,850± square
feet of commercial buildings located north of the Del Rio Road / EI Camino Real
intersection on the east and west side of EI Camino Real.
42
General Plan Land Use Diagram Amendment:
The following exhibits identify General Plan designations for the Wal-Mart and The
Annex project sites. Wal-Mart is proposing to change the land use designations of
approximately 7.9± acres and The Annex is proposing to change approximately 5±
acres.
Wal-Mart Amendment Request:
Amendment of 7.9± acres of MDR, (Medium Density Residential) to GC (General
Commercial).
General Plan Land Use Diagram Net Changes:
10.3± acres: MDR — Medium Density Residential
+ 10.7± acres: GC - General Commercial (existing)
Total 21.0± acres of GC (General Commercial)
Project Area Del Rio
21.0± Acres Road
V�
si
p ;
O� z
MDR
10.3± Acres
GC
uw f
10.7± a
lio
�
t f
EI Camino
wW Real
4x
43
The Annex Amendment Request:
Amendment of 5± acres of SFR-X and CPK (Single-Family Residential —X and
Commercial Park) to GC (General Commercial).
General Plan Land Use Diagram Net Changes:
- 3± acres: SFR-X — Single-Family Residential - X
- 2± acres: CPK — Commercial Park
+ 5± acres GC- General Commercial
+ 10± acres GC- General Commercial (existing)
Total 15± acres of GC (General Commercial)
SFR-X
3±ac
Project Area
15± ac � ,
� y
fin.
^S yk
Ilk 0,
4Y TE6 Y-
1 9
a .',.
a
k 3 i
N
S
CPK
2±ac
EI Camino Real
Specific Plan and Entitlements
44
The adoption of a Specific Plan is the preferred approach for implementing a master
plan to regulate development within the overall project area. The Specific Plan, would
become the regulatory document that implements the General Plan and its
policies/programs, as well as establishes the standards by which development shall
occur within the plan area. A Specific Plan would incorporate precise design standards
and guidelines that would supersede the City's existing zoning code, public works
standards, and other regulations. The Specific Plan would also provide policies for the
installation and financing of infrastructure throughout the project area. This process is
similar to a Planned Development Overlay Zone.
State law allows the City the option to adopt a Specific Plan by ordinance or resolution
as long as it is consistent with the applicable elements of the General Plan. The
following State law excerpt identifies the content requirements for specific plans (State
Code Section 65451):
(a) A Specific Plan shall include a text and a diagram or diagrams that specify all of the following in
detail:
(1) The distribution, location, and extent of the uses of land, including open space,within the
area covered by the plan.
(2) The proposed distribution, location, and extent and intensity of major components of public
and private transportation, sewage, water, drainage, solid waste disposal, energy, and other
essential facilities proposed to be located within the area covered by the plan and needed to
support the land uses described in the plan.
V'"' (3) Standards and criteria by which development will proceed, and standards for the
conservation, development, and utilization of natural resources,where applicable.
(4) A program of implementation measures including regulations, programs, public works
projects, and financing measures necessary to carry out paragraphs 1), 2), and 3).
(b) The Specific Plan shall include a statement of the relationship of the Specific Plan to the General
Plan.
The two applications each have specific project boundaries as previously identified.
However, there are surrounding properties that could be included in a larger overall
project area that could be analyzed within the context of a Specific Plan. This issue will
be analyzed and returned to Council for direction if staff is directed to process the
applications.
Environmental Review / CEQA:
Although no environmental review has begun, any decision to process one or both
projects will require analysis in conformance with the California Environmental Quality
Act (CEQA). If a Specific Plan is processed, staff anticipates an Environmental Impact
Report (EIR) will be required. The EIR would be processed simultaneously with the
Specific Plan and would contain analysis on the proposed applications as well as
various project alternatives that could feasibly attain most of the project objectives.
ter► Among the factors that may be taken into account when addressing the feasibility of
alternatives are site suitability, economic viability, availability of infrastructure, general
plan consistency, other plans or regulatory limitations, jurisdictional boundaries, and
45
whether the applicants can reasonably acquire control or otherwise have access to the
alternative site. An alternative studying a smaller Wal-Mart may be included in the EIR.
The EIR would also include a "no project" alternative which would allow the Council to
compare the impacts of approving the proposed project with the impacts of not
approving the proposed project or any of the project alternatives.
Due to the comprehensive scope of an EIR, its preparation would require an
experienced and qualified professional consultant under contract and management by
the City. The cost of preparing the EIR and Specific Plan will be the full responsibility of
the applicants.
Design and Architectural Issues:
The Annex and Wal-Mart have submitted preliminary design concepts. The site and
architectural designs are similar to the design proposed by applicant's at the October
23, 2007 City Council Public Hearing. The revised plans are consistent with the original
conceptual design, and are attached for the Council's information. Staff has not
prepared an analysis of the proposed architectural concept.
Wal-Mart Architectural Concept
� � r �
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46
The Annex Architectural Concept
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Traffic Impacts:
The project is expected to impact traffic to EI Camino Real, Del Rio Road, and the U.S.
Highway 101/Del Rio Road interchange. The magnitude of these impacts is unknown at
this time and will require project-specific analysis by a traffic consultant. Other area
local roads within the vicinity will also require analysis. These impacts would be
analyzed in the project EIR.
Native Tree Impacts and Grading:
Although an arborists report has not been prepared for either site, a biology report was
submitted and identifies native oak tree impacts that will require mitigation under the
City's native tree ordinance. Based on the grading plan, it appears that most native
trees will need to be removed. The grading plans do not identify the cubic yards of cut
or fill required on the Wal-Mart site. The significance of these impacts will be analyzed
in the project EIR.
FISCAL IMPACT:
Typically, commercial projects have a positive fiscal impact on City revenues. However,
at this time, staff is unable to speculate on the significance of this impact. Part of the
project's EIR review will include a fiscal impact analysis. The purpose of the analysis
will be to analyze all of the project's costs and revenues and provide the Council with a
complete picture of the project's fiscal impacts on both the City of Atascadero and the
local business community.
*40V,
47
ATTACHMENTS: *40
Attachment 1: Wal-Mart - Justification Statement for General Plan Amendment
Attachment 2: The Annex - Justification Statement for General Plan Amendment
Attachment 3: Wal-Mart - Draft Resolution A - Authorizing Wal-Mart GPA Processing
Attachment 4: The Annex - Draft Resolution B - Authorizing The Annex GPA Processing
Attachment 5: Wal-Mart - Draft Resolution C -Withholding Authorizing Wal-Mart GPA
Processing
Attachment 6: The Annex - Draft Resolution D -Withholding Authorizing The Annex GPA
Processing
48
*#alor ATTACHMENT 1:Wal-Mart's Justification Statement for General Plan Amendment-Wal-Mart Supercenter
V. ,JUSTIFICATION OR +GENER,AL PLAN AMENMMENT'
Approval of the requested. General. Plan amendment to permit the development of
the Store represents sound urban and financial planning by the City of Atascadero. It has
leen widely reported that the City currently lacks a strong comm,ercial locals to complement
and support the downtown area. As a result, Atascadero's residents currently do much of
their shopping outside the Citi, limits--significantly benefiting neighboring jurisdictions such
as baso Robles.
Atascadero has exacerbated its tax "leakage" problem by re-ztnnii g approaimatelY 85
acres from commercial to residential over the course of the last five (5) years. This dramatic
shift :has eroded the City's ability to collect sufficient sales tax revenue to fund the public
services and infrastructure needed to support a growing papulation. A recent report by the
NOW University of California Santa Barbara highlighted the City's fiscal downturn, noting that
taxable sales in Atascadero declined from$351.5 million in 211115 to $346.3 million in 2006.5
Atascadero's fiscal woes have been the topic of considerable attention in the City of late.
With the downturn in the local economy, the San Luis Obispo Tribune recently reported
that sales tax receipts in Atascadero were down by 20 percent in the third quarter of 2007—a
far worse performance than any other municipality in Sana Luis Obispo County. It has
become increasingly apparent thaat: the City's lacy of a magnetic commercial center is
hindering local businesses"ability to attract and retain customers.
The Wal-Mart Supercenter provides an opportunity= for Atascadero w stave off a
looming fiscal crisis by re:-establishing_a healthy commercial/residential zoning balance. In
addition to attracting much needed tax revenue, the Supercenter will satisfy the long; time
demands of residents for as grocery stoic in the northern part of the City, while offering a
broad arra- of convenient and low cast shopping options, By approving; the proposed
General Plan amendment and embracing the concept of an Annex development with a
Supercenter anchor, the Ciro' -\vill provide much needed services in North Atascaderc>,
strengthen the downtown by encouraging residents to shop locally, improve the City's fiscal
o itlook, and correct the existing residential/commercial zoning imbalance.
49
V. Justification for General Plan Amendment
The Atascadero General Plan seeks to "designate and protect the east side of the Del Rio
Road and EI Camino Real intersection for a master planned retail commercial use".
The City's commercial land inventory does not currently provide a great number of
opportunities for large commercial establishments of quality and substance. Further, In order
to achieve the diversity and patronage of reputable franchises, sufficient market base must
exist in the vicinity. The Annex site, with the inclusion of the Wal-Mart Supercenter, provides
the potential to establish a wide variety of merchandise and services within an area that
provides adequate pedestrian access, public infrastructure, market base, and roadway
exposure. The presence of a regional commercial center in this area will also provide
additional sales potential for existing businesses in the downtown area.
The Atascadero Municipal Code states that the Commercial Retail zoning district was
"established to provide for a wide range of commercial uses to accommodate most of the
retail and service needs of the residents of the City and surrounding areas". The Annex
development allows for the expansion of goods and services consistent with neighboring
commercial and residential needs as identified for the Commercial Retail land use. The
proposed development will draw travelers enroute to other destinations, recapturing sales
currently allocated to neighboring cities, transitioning an underutilized site to a superior land
use and maximizing the site's economic potential.
The Annex development as proposed results in a revitalization of commercial uses in the
immediate vicinity as well as outlying commercial establishments, expands and diversifies the
community's employment base through facilitation of year round employment opportunities,
and substantially increases the City's tax base and re-development funds resulting in
enhanced economic stability for the City overall.
1
ATTACHMENT 3: Draft Resolution A-Wal-Mart Supercenter
°�YMr Authorizing Staff to Process General Plan Amendment
DRAFT
RESOLUTION A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA AUTHORIZING
STAFF TO PROCESS A GENERAL PLAN LAND USE DIAGRAM AND
TEXT AMENDMENT GPA 2007-0020 /PLN 2007-1245 INCLUDING APN:
049-112-002, 0189 0199 0229 0369 039, 049-151-037, 0409 041 FOR
THE WAL-MART SUPERCENTER
Del Rio Road/El Camino Real
(Wal-Mart Stores, Inc. / EDA)
WHEREAS, an application has been received from EDA Design Professionals, 1998
Santa Barbara Street, San Luis Obispo, CA 93401 (Applicant) and Wal-Mart Stores, Inc. 2001
S.E. lot" Street, Bentonville, AR 72716-0550 (Property Owner), to consider a project consisting
of a General Plan Land Use Diagram and Text Amendment for a commercial-retail store with a
building for grocery sales of approximately 142,811± square feet and a 3,696± square-foot
r outdoor garden area, for a total building area with outdoor garden center of 146,507±square feet
on a 21.0± acre project site located at the southeast corner of El Camino Real and Del Rio Road.
(APN: 049-112-002, 018, 019,022, 036, 039, 049-151-037, 040,041); and,
WHEREAS, the Atascadero City Council considered authorizing staff to process the
proposed application at a public meeting on March 11, 2008 consistent with the City's General
Plan Amendment Policy; and,
NOW THEREFORE, the City Council of the City of Atascadero, hereby resolves to
authorize staff to process the requested General Plan Land Use Diagram and Text Amendment
for Wal-Mart Stores, Inc. (APN: 049-112-002, 018, 019, 022, 036, 039, 049-151-037, 040, 041),
and a General Plan Text Amendment to allow a commercial store of an approximate 146,507±
square-foot building (with outdoor garden center) on the project site. The General Plan shall be
processed concurrently with a Specific Plan for the commercial area surrounding Del Rio Road
and El Camino Real intersection. Community workshops and joint Planning Commission and
City Council study sessions will be required. Staff will return to the City Council with a detailed
project description and a defined Specific Plan project area, subject to the following exhibits:
Exhibit A: Wal-Mart-Location Map, General Plan and Zoning
Exhibit B: Wal-Mart-Existing Project Site Aerial
Exhibit C: Wal-Mart-Proposed Conceptual Site Plan
Exhibit D: Wal-Mart-Proposed Conceptual Elevations
Exhibit E: Wal-Mart-Floor Plans
Exhibit F: Wal-Mart- Grading Plan
Exhibit G: Wal-Mart- Cross Sections
Exhibit H: Wal-Mart-Utility Plan
51
On motion by Council Member , and seconded by Council *400
Member the foregoing resolution is hereby adopted in its entirety by
the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ADOPTED:
CITY OF ATASCADERO, CA
Mike Brennler
Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Brian Pierik, City Attorney
52
EXHIBIT A: Location Map,General Plan&Zoning-Wal-Mart Supercenter
Project Area De1..R.i,o..
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21.0t Acres � ' Road
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EXHIBIT C: Proposed Conceptual Site Plan-Wal-Mart Supercenter
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EXHIBIT D: Proposed Conceptual Elevations-Wal-Mart Supercenter
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EXHIBIT E: Proposed Floor Plan-Wal-Mart Supercenter
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EXHIBIT F: Proposed Grading Plan-Wal-Mart Supercenter
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EXHIBIT G: Proposed Cross Sections-®amartspere%r
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EXHIBIT H: Proposed Utility Plan-Wal-Mart Supercenter
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60
ATTACHMENT 4: Draft Resolution B-The Annex Shopping Center
Authorizing Staff to Process General Plan Amendment-The Annex Shopping Center
DRAFT
RESOLUTION B
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA AUTHORIZING
STAFF TO PROCESS A GENERAL PLAN LAND USE DIAGRAM
AMENDMENT GPA 2007-0021 (PLN 2007-1246) ON APN: 049-102-020, 031,
0329 045, 0489 0509 056, AND 049-131-070 FOR
THE ANNEX SHOPPING CENTER
Del Rio Road/El Camino Real
(The Rottman Group / EDA)
WHEREAS, an application has been received from EDA Design Professionals, 1998
Santa Barbara Street, San Luis Obispo, CA 93401 (Applicant), and The Rottman Group, 1065
Higuera Street, San Luis Obispo, CA 93401 (Property Owner), to consider a project consisting of
a General Plan Land Use Diagram Amendment for a commercial development project located at
the northeast corner of El Camino Real and Del Rio Road. (APN: 049-102-020, 031, 032, 045,
048, 050, 056, and 049-131-070); and,
WHEREAS, the Atascadero City Council considered authorizing staff to process the
proposed application at a public meeting on March 11, 2008 consistent with the City's General
Plan Amendment Policy; and,
NOW THEREFORE, the City Council of the City of Atascadero, hereby resolves to
authorize staff to process the requested General Plan Land Use Diagram Amendment for The
Annex Shopping Center development project. (APN: 049-102-020, 031, 032, 045, 048, 050, 056,
and 049-131-070) and a General Plan Text Amendment to allow eight retail buildings, totaling
approximately 115,000± square feet, on the project site. The General Plan shall be processed
concurrently with a Specific Plan for the commercial area surrounding Del Rio and El Camino
Real intersection. Community workshops and joint Planning Commission and City Council
study sessions will be required. Staff will return to the City Council with a detailed project
description and a defined Specific Plan project area, subject to the following exhibits:
Exhibit A: The Annex - Location Map, General Plan and Zoning
Exhibit B: The Annex -Existing Project Site Aerial
Exhibit C: The Annex -Proposed Conceptual Site Plan
Exhibit D: The Annex -Proposed Conceptual and Elevations
61
On motion by Council Member and seconded by Council
Member the foregoing resolution is hereby adopted in its entirety by
the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ADOPTED:
CITY OF ATASCADERO, CA
Mike Brennler
Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Brian Pierik, City Attorney
62
EXHIBIT A: Location Map,General Plan &Zoning-The Annex Shopping Center
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Boundary
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EXHIBIT C: Proposed Conceptual Site Plan-The Annex Shopping Center
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65
EXHIBIT D: Proposed Conceptual Elevations-The Annex Shopping Center
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66
ATTACHMENT 5: Draft Resolution C-Wal-Mart Supercenter
Withholding Authorization for Staff to Process General Plan Amendment
DRAFT
RESOLUTION C
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA WITHHOLDING AUTHORIZATION FOR
STAFF TO PROCESS GENERAL PLAN LAND USE DIAGRAM AND
TEXT AMENDMENT 2007-0020 (PLN 2007-1245) ON APN: 049-112-002,
018, 0199 0229 0369 0399 049-151-0379 040, 041 FOR
THE WAL-MART SUPERCENTER
Del Rio Road/El Camino Real
(Wal-Mart Stores, Inc / EDA)
WHEREAS, a application has been received from EDA Design Professionals, 1998
Santa Barbara Street, San Luis Obispo, CA 93401 (Applicant) and Wal-Mart Stores, Inc., 2001
S.E. 10th Street, Bentonville, AR 72716-0550 (Property Owner), to consider a project consisting
of a General Plan Land Use Diagram and Text Amendment to allow a commercial-retail store
with grocery sales of an approximate 142,811± square-foot building and a 3,696± square-foot
outdoor garden area for a total building area with outdoor garden center of 146,507±square feet
w° on a 21.0± acre located at the southeast corner of El Camino Real and Del Rio Road. (APN: 049-
112-002, 018, 019, 022, 036, 039, 049-151-037, 040, 041); and,
WHEREAS, the Atascadero City Council considered authorizing staff to process the
proposed application at a public meeting on March 11, 2008 consistent with the City's General
Plan Amendment Policy; and,
NOW THEREFORE, the City Council of the City of Atascadero, hereby resolves to
withhold the authorization for staff to process the requested General Plan Land Use Diagram and
Text Amendment for Wal-Mart Stores, Inc. (APN: 049-112-002, 018, 019, 022, 036, 039, 049-
151-037, 040, 041), subject to the following exhibit:
Exhibit A: General Plan Diagram
67
On motion by Council Member and seconded by Council
Member the foregoing resolution is hereby adopted in its entirety by
the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ADOPTED:
CITY OF ATASCADERO, CA
Mike Brennler
Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Brian Pierik, City Attorney
68
EXHIBIT A: General Plan Diagram
*41 /
DeI.l,Ri.aProject Area .. l
21.0± Acres
i Road ( ,
MDR
10.3± Acres
GC .
10.71
t\ 1
`11 '
EI Camino
Real
hy �
69
ATTACHMENT 6: Draft Resolution D-The Annex
Withholding Authorization for Staff to Process General Plan Amendment-The Annex Shopping Center
DRAFT
RESOLUTION D
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA WITHHOLDING AUTHORIZATION FOR
STAFF TO PROCESS GENERAL PLAN LAND USE DIAGRAM
AMENDMENT 2007-0021 (PLN 2007-1246) ON APN: 049-102-020, 0319 032,
045, 0489 0509 0569 AND 049-131-070 FOR
THE ANNEX SHOPPING CENTER
Del Rio Road/El Camino Real
(The Rottman Group /EDA)
WHEREAS, an application has been received from EDA Design Professionals, 1998
Santa Barbara Street, San Luis Obispo, CA 93401 (Applicant), and The Rottman Group, 1065
Higuera Street, San Luis Obispo, CA 93401 (Property Owner), to consider a project consisting of
a General Plan Land Use Diagram Amendment for a commercial development project located at
the northeast corner of El Camino Real and Del Rio Road (APN: 049-102-020, 031, 032, 045,
048, 050, 056, and 049-131-070); and,
WHEREAS, the Atascadero City Council considered authorizing staff to process the
proposed application at a public meeting on March 11, 2008 consistent with the City's General
Plan Amendment Policy; and,
NOW THEREFORE, the City Council of the City of Atascadero, hereby resolves to
withhold the authorization for staff to process the requested General Plan Land Use Diagram
Amendment for The Annex development project. (APN: 049-102-020, 031, 032, 045, 048, 050,
056, and 049-131-070) subject to the following exhibit:
Exhibit A: General Plan Diagram
70
On motion by Council Member ' and seconded by Council
Member , the foregoing resolution is hereby adopted in its entirety by
the following roll call vote:
AYES:
NOES:
ABSTAIN: )
ABSENT: )
ADOPTED:
CITY OF ATASCADERO, CA
Mike Brennler
Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Brian Pierik, City Attorney
Now
71
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