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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 � .: 47 - Y s r y u n Request for • . • Closure Sunday,Palma Avenue from East to West Mail 00i 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 � e ^ 43 5 �p e R EI iL Aa ajrjt 1111 1, �I ✓h1 �i ' s177 OR 686 I (Naj�� g �Z' -121111 310 ` s»•Lr»•E m { 1 h a N a�,51]•A xLo r � - 3]eY•]6•E 19.M'Y � n— � — �x n�73T x 11M Y i l s WNWOE—tx.ae a W NL g I5»' Y' 111 + ' 1997-062601 Ii4 OD 206 I O II O � ass aa� <as i 1 � 1 'u aE s Sn � tie ( I Ez I II I O` i• YWWlult ]y� ea61°aµ L arc _ cY 7 C7 I 'a'r.ry Z �•14 oe:�&86614�Op � � � yaon+ rsrl U - 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'' c �1 r 5 k 8 f 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 rl i d A 'F f �• V. x � tl %� Project Site (Change from RMF-16 to RMF-16 " ' r with PD-7 Overlay) �r VW Y IYV�f 3 z n+ 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 ° o 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 i I LAN N1.X `���� \� 5 ���� .� 4r�RAYR IrY011S�t�•�` lu N M MISSIOB OAKS l \ rl✓ 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 � 1410, ti €, "' , } ''1 ! 46 The Annex Architectural Concept { 4 a I ' S 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.. �. 21.0t Acres � ' Road { . MDR GC ` 10.3± Acres 10.7± - Camino ` r .. l 53 q � L, r on } 1 4 , 0 man ev a r X .Lna A �� �}�4,1� G fir; �� ,4 � ';��' ',§�^ � � 4•". � ne kill Ri C EXHIBIT C: Proposed Conceptual Site Plan-Wal-Mart Supercenter MMM'' EA N N Ii X op P77'': ON OAKS M Now 'L 55 EXHIBIT D: Proposed Conceptual Elevations-Wal-Mart Supercenter jO X. 56 EXHIBIT E: Proposed Floor Plan-Wal-Mart Supercenter ii 11 VA A I ,w , i fit, k �, CC "Y' i y T w S 2 E 0 E u ` a F 57 EXHIBIT F: Proposed Grading Plan-Wal-Mart Supercenter Ila! CL U0 ' �' P.r '//i R/ �� \Zv too sh 4 ........... aye z- 58 EXHIBIT G: Proposed Cross Sections-®amartspere%r Aftwo, � � } \ [ � \ 1 t � . � N � \ t � \� �+ a § ` % ( ® �� $ \ \ ( / | 1%w. q -- \ � ( 59 EXHIBIT H: Proposed Utility Plan-Wal-Mart Supercenter f \ a. \� a i , 1�1 ry LEGEND 9DLINLWiY wcwr cK vaie E%TRRIDR PAKEL LINE. PROPOSED STRMTURE a; •/' R `_1 - PMfOSGDRLDP;.,UDNTANP SMFTAAY SEWER LINE t ���.` �^'� '•� ••••••••„.SD.-...— STORM DRAIN VNL NNTER LP€ fy Y e UTILITY LA1ERMS ? R GI'CN$ASIH STORM OWN MAW40LE 9"aARY SLY�EN 4UNNi�tE 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 SFR-X 3±ac Project Boundary 15± acres ,, r 10±aC 5 w F w 't i) Y�y v %r4 � Fk i�� ✓,Vr � CPK 2±aCo [EILCanfmo Real v�Mllrw' 63 ariaell v k , Al �paP Y.Yo a �1. i5'r �k`k r�rr.' '�• �a A"� �'!�" � ,rte ap # °4 r EXHIBIT C: Proposed Conceptual Site Plan-The Annex Shopping Center I' 3� �:--rl .......... .. ...... Z k 4� Nei est Es P L ' Aga AL ARCEL 2 65 EXHIBIT D: Proposed Conceptual Elevations-The Annex Shopping Center G�cz �n O F z o W LU N Y , .I � � z fl z u o t7< QQ ceU aU5 CA6 da 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 • Boundary W 15± ac `y v, ►S� ►���' sr� ,"APR ` ♦'�'� '��a�'�� �"* €�s ��gZ �� �'�`� Axa��`��,�„ ,`F y�;;� s �• t A fax El Camino Real \ 4 yVb k J �'a