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Home My WebLink AboutAgenda Packet 111009 �r r p MIP f r r �I ��hr r 1978 CITY ®� ATASCADE �O t�r �DF�A CITY COUNCIL AGENDA Tuesday, November 10, 2009 City Hall Council Chambers 6907 EI Camino Real, Atascadero, California Community Redevelopment Agency 6 00 P M City Council Immediately following the conclusion of the Community Redevelopment Agency meeting PLEDGE OF ALLEGIANCE Mayor Pro Tem Fonzi ROLL CALL. Mayor Beraud Mayor Pro Tem Fonzi Council Member Clay Council Member Kelley Council Member O'Malley APPROVAL OF AGENDA. Roll Call 61 PRESENTATION 1 Recognition of Ann Hatch for her service as Parks and Recreation Commissioner 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 DRAFT MINUTES Council meeting draft minutes are listed on the Consent Calendar for approval of the minutes Should anyone wish to request an amendment to draft minutes, the item will be removed from the Consent Calendar and their suggestion will be considered by the City Council If anyone desires to express their opinion concerning issues included in draft minutes, they should share their opinion during the Community Forum portion of the meeting ) 1 City Council Meeting Draft Minutes — September 22, 2009 ■ Recommendation. Council approve the Draft Meeting Minutes of September 22, 2009 [City Clerk] 2 Title 9 Planning and Zoning Text Amendment - PLN 2009-1335 / ZCH 2009-0155 (City of Atascadero) ■ Fiscal Impact: None ■ Recommendation. Adopt on second reading by title only, the Draft Ordinance approving PLN 2009-1335 (Zone Text Change 2009-0155) [Community Development] 3 Final Map 2009-0171 (Parcel Map AT 08-0076) 5455 Baiada Ave. (TPM 2008-0094) Matthew and Sarah Cameron ■ Fiscal Impact: None ■ Recommendations. Council 1 Adopt and approve Final Parcel Map 2009-0171 (Parcel Map AT 08- 0076), and, 2 Authorize and direct the City Clerk to endorse the Council's approval on the Map [Public Works] 4 Temporary Road Closure — Holiday Musical Walk Around the Lake ■ Fiscal Impact: $320 00 in Public Works staff time for placing barricades ■ Recommendation. Council adopt the Draft Resolution establishing associated tow-away zones, no parking zones and road closures for the Holiday Musical Walk Around the Lake on December 5th, 2009 [Public Works] UPDATES FROM THE CITY MANAGER. (The City Manager will give an oral report on any current issues of concern to the City Council ) 62 COMMUNITY FORUM (This portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction Speakers are limited to three minutes Please state your name for the record before making your presentation 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 ) B PUBLIC HEARINGS None C MANAGEMENT REPORTS None 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 ) 1 Council Member O'Malley - SPECIAL ECONOMIC VITALITY CORPORATION (EVC) BOARD MEETING The EVC has scheduled a Special Board Meeting for November 18th The meeting will feature a presentation by Collaborative Economics the consulting firm that the EVC is hiring to create a countywide economic strategic plan as requested by the County of San Luis Obispo This is the first of several input sessions that will occur during this next year The elected officials on the Board have been asked to invite their City Manager and their Mayor, or another elected official, to this special meeting Council Member O'Malley would like Council input as to who should attend D COMMITTEE REPORTS (The following represent standing committees Informative status reports will be given, as felt necessary) Mayor Beraud 1 City / Schools Committee 2 County Mayors Round Table 3 Finance Committee 4 Homeless Services Governing Board 5 Integrated Waste Management Authority (IWMA) Mayor Pro Tem Fonzi 1 Air Pollution Control District 2 Finance Committee �%w Council Member Clay 1 City / Schools Committee 63 Council Member Kelley 1 Atascadero State Hospital Advisory Committee 2 Atascadero Youth Task Force _Council Member O'Malley 1 Economic Vitality Corporation, Board of Directors (EVC) 2 League of California Cities — Council Liaison and CITIPAC Board Member 3 SLO Council of Governments, Vice President (SLOCOG) 4 SLO Regional Transit Authority, Vice President (SLORTA) 5 Central Coast Regional Water Quality Control Board, Member (RWQCB) E INDIVIDUAL DETERMINATION AND / OR ACTION 1 City Council 2 City Clerk 3 City Treasurer 4 City Attorney 5 City Manager F 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. 1 Victoria Randall, Deputy City Clerk of the City of Atascadero declare under the penalty of perjury that the foregoing agenda for the November 10, 2009 Regular Session of the Atascadero City Council was posted on November 3, 2009 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 3`d day of November 2009, at Atascadero California. V,� Victoria Randall, Deputy City Clerk City of Atascadero t 34 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 6:00 p.m unless there is a Community Redevelopment Agency meeting commencing at 6:00 p m in which event the Council meeting will commence immediately following the conclusion of the Community Redevelopment Agency meeting. Council meetings will be held 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, 6907 EI Camino Real, Atascadero, 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 videotaped 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 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 approach the lectern and be recognized. 1 Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. r 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 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) 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 (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 3 minutes 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 must be brought to the meeting on a USB drive or CD 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 65 t f as ITEM NUMBER A- 1 DATE. 11/10/09 , rar�Fl ; rr tt, r e CITY OF ATASCADER® . • CAD CITY COUNCIL DRAFT MINUTES Tuesday, September 22, 2009 City Hall Council Chambers — ---6907-07 -RRea1,--Atasc-ader-o,_CC tif- r-nia Redevelopment Agency- 6 00 PA City Council Immediately following the conclusion of the Redevelopment Agency meeting REDEVELOPMENT AGENCY 6 00 P M REGULAR SESSION Immediately following the conclusion of the Redevelopment Agency meeting Mayor Beraud called the meeting to order at 6 54 p m and Council Member O'Malley asked Boy Scout Ian Whittington of Troup 101 to lead the Pledge of Allegiance ROLL CALL. Present: Council Members Clay, O'Malley, Kelley, Fonzi and Mayor Beraud Absent: None CC Draft Minutes of 9/22/09 Pagel of 7 67 ITEM NUMBER A- 1 DATE 11/10/09 Others Present: City Clerk/Assistant to City Manager Marcia McClure Torgerson Staff Present: Assistant City Manager Jim Lewis, Administrative Services Director Rachelle Rickard, Community Development Director Warren Frace, Public Works Director Russ Thompson, Police Chief Jim Mulhall, Fire Chief Kurt Stone, and City Attorney Brian Pierik. APPROVAL OF AGENDA. Roll Call MOTION By Council Member Clay and seconded by Mayor Pro Tem Fonzi to approve the agenda. Motion passed 5.0 by a roll-call vote. A. CONSENT CALENDAR 1 City Council Meeting Draft Minutes — August 11, 2009 ■ Recommendation. Council approve the City Council Meeting Draft Minutes of August 11, 2009 [City Clerk] 2. Temporary Road Closure - Colony Days Parade Route ■ Fiscal Impact: No net fiscal impact to the General Fund, as the road closure fee covers the staff time and equipment required for traffic ' control and clean-up related to this event (estimated at $2,600 00) ■ Recommendation Council adopt the Draft Resolution establishing a temporary Colony Days Parade Route on October 17, 2009, and establishing associated tow-away zones, no parking zones and road closures for Colony Days from October 15-18, 2009, at the dates, times and locations as specified in the Resolution [Public Works] 3. Termination of Existing Agreement and Approval of New Agreement with the Central Coast Zoo Society for Services in Support of the Charles Paddock Zoo ■ Fiscal Impact: It is expected that this will have a net positive fiscal impact to the City of between $20,000 to $50,000 annually from the contributions, volunteer assistance, capital improvements and public relations services ■ Recommendation Council terminate the existing agreement, dated January 22, 2008, and authorize the City Manager to execute the new Agreement for Services between the City of Atascadero and the Central Coast Zoo Society for support to the Charles Paddock Zoo [Community Services] Council Member Kelley pulled Item #A-3 i CC Draft Minutes of 9/22/09 Page 2 of 7 i8 ITEM NUMBER A- 1 DATE 11/10/09 MOTION By Council Member Clay and seconded by Mayor Pro Tem Fonzi to approve Item #A-1 and #A-2 of the Consent Calendar Motion passed 5.0 by a roll-call vote. (#A-2 Resolution No 2009-083) Item #3 Council Member Kelley asked if it was possible for Staff to provide a review of this contract every 6 months Assistant City Manager Jim Lewis stated Staff can report back to Council in six months with an oral report, and every 6 months thereafter with a written report on this 2-year contract. PUBLIC COMMENT None MOTION By Council Member Clay and seconded by Council Member O'Malley to terminate the existing agreement, dated January 22, 2008, and authorize the City Manager to execute the new Agreement for Services between the City of Atascadero and the Central Coast Zoo Society for support to the Charles Paddock Zoo, with Staff preparing an oral report in six months on the progress of this new contract, and a written report every six months thereafter to the City Council Motion passed 5.0 by a roll-call vote. (Contract No. 2009-017) UPDATES FROM THE CITY MANAGER Assistant City Manager Jim Lewis announced that Staff has four issues of good news to share with the Council and the Community Public Works Director Russ Thompson reported that the Streetscape project on EI Camino Real is nearing the end Staff has been working with the contractor to make the impacts on the businesses as minimal as possible The paving will be complete in time for the Colony Days Parade Mr Thompson also reported that he has been worried about the Lake water quality The oxygen content of the Lake was continuing to drop, but the cooler overnight temperatures have helped to reverse that trend The oxygen levels have begun to rise and he is encouraged Mr Lewis announced that on Friday, September 25th the Office of Economic Development is sponsoring a Small Business Resource Day Mr Lewis also announced that Dr Harrison, owner of Colony Square, picked up his building permit last week for the movie theater Staff will be letting the Council know once the ground breaking ceremony is set. CC Draft Minutes of 9/22/09 Page 3 of 7 69 ITEM NUMBER A- 1 DATE. 11/10/09 COMMUNITY FORUM Ray Weymann announced an upcoming event called the Festival at the Fountains the week after Colony Days in Sunken Gardens He also submitted a brochure for the Council concerning climate change (Exhibit A) Steve Martin announced that the Colony Days parade route has changed this year David Broadwater shared with the Council his concerns with the adoption of an urgency ordinance at their last meeting He felt that proper findings were not included in the ordinance to require the adoption of the urgency ordinance Mayor Beraud asked the City Attorney to respond to Mr Broadwater's comments City Attorney Brian Pierik explained the law as it pertains to urgency ordinances Mayor Beraud closed the COMMUNITY FORUM period. B. PUBLIC HEARINGS 1 Transit Center Site Selection and Authorization to Pursue Grant Funding ■ Ex Parte Communications. • Fiscal Impact: The actions tonight would increase budgeted transit revenues $84,520 and increase budgeted transit expenditures by $84,520, resulting in no net fiscal impact. ■ Recommendations Council 1) Authorize the Director of Public Works to initiate the design and environmental review for the development of a Transit Center at the Capistrano Avenue site (adjacent to Colony Square), and, 2) Authorize the Director of Administrative Services to amend the 2009- 2011 budget to include an additional $84,520 of Federal FTA 5307 revenues and to appropriate $84,520 of FTA 5307 funds to be used for the design of a Transit Center [Public Works) Public Works Director Russ Thompson gave the staff report and answered questions from the Council PUBLIC COMMENT Rich Murphy, representative of SLOCOG, explained their commitment to this project and answered questions from the Council CC Draft Minutes of 9/22/09 Page 4 of 7 70 ITEM NUMBER A- 1 DATE 11/10/09 Eric Greening stated that he is glad to see this project moving forward He told the Council that he has talked to several bus drivers who were not aware of this potential site and were concerned with its restrictions Sandy Jack suggested the Council consider a raised parking lot. Steve Martin, representative of Atascadero Main Street, stated that transit planning is something that needs to be done for the future needs He urged the Council to make sure the structure ties in with the architecture of our Downtown historical buildings Mr Martin also said that the Main Street Board is interested in being involved in the review of the designs for this project that will be brought to the Council Eric Greening added that there needs to be plenty of bicycle parking He also stated that once the Historic City Hall restoration begins, the existing transit stop will be out of service, and that could be as early as next Spring Mayor Beraud closed the Public Comment period. MOTION By Council Member O'Malley and seconded by Mayor Pro Tem Fonzi to 1) Authorize the Director of Public Works to initiate the design and environmental review for the development of a Transit Center at the Capistrano Avenue site (adjacent to Colony Vary Square), and, 2) Authorize the Director of Administrative Services to amend the 2009-2011 budget to include an additional $84,520 of Federal FTA 5307 revenues and to appropriate $84,520 of FTA 5307 funds to be used for the design of a Transit Center Motion passed 5.0 by a roll-call vote, C MANAGEMENT REPORTS 1 PLN 2009-1328 2009 Housing Element Update State HCD Draft Submittal (City of Atascadero) • Fiscal Impact: The cost of preparing the Housing Element update has already been budgeted Once adopted, the Housing Element will commit the City to prepare a variety of zoning updates and housing programs The zoning updates are estimated to cost between $10,000 and $20,000 to complete ■ Recommendation Planning Commission Recommends Council adopt Draft Resolution A, directing staff to submit the Draft Atascadero 2007-2014 Housing Element to the State Department of Housing and Community Development. [Community Development] CC Draft Minutes of 9/22/09 Page 5 of 7 71 ITEM NUMBER A- 1 DATE. 11/10/09 Community Development Department Warren Frace introduced Lisa Wise who gave an update report and answered questions from the Council PUBLIC COMMENT None MOTION By Council Member Clay and seconded by Mayor Pro Tem Fonzi to adopt Draft Resolution A, directing staff to submit the Draft Atascadero 2007-2014 Housing Element to the State Department of Housing and Community Development. Motion passed 5.0 by a roll-call vote. (Resolution No. 2009- 084) 2. Briefing of Pending Building Code Updates - Title 24 — Energy Efficiency Code - Emergency Graywater Regulations Landscape Irrigation Efficency Ordinance - Urban Wildland Interface Code Update ■ Fiscal Impact: These code updates will have a minimal fiscal impact on the City of Atascadero Existing staff has capacity to implement the required State changes under the existing budget. These proposed code changes will affect future City projects The energy and landscape efficiency standards may increase initial project construction costs However, the long term energy and water savings should result in a long term savings for the City ■ Recommendation. Council receive and file report. [Community Development] Community Development Department Warren Frace gave the staff report and answered questions from the Council PUBLIC COMMENT None The Council received and filed the report. 3. FEMA Grant for Emergency Management Institute ■ Fiscal Impact: Approximately $3,234 will be necessary to cover food costs ■ Recommendation Council receive and file this report on attendance at the Federal Emergency Management Agency's (FEMA) Emergency Management Institute (EMI) for emergency preparedness program evaluation and training [Fire] Fire Chief Kurt Stone gave the staff report and answered questions from the Council PUBLIC COMMENT None r CC Draft Minutes of 9/22/09 Page 6 of 7 72 ITEM NUMBER A- t DATE. 11/10/09 Council received and filed this report. COUNCIL ANNOUNCEMENTS AND REPORTS Council Member Clay announced that Parks & Recreation Commissioner Ann Hatch has resigned, and he has appointed Bill Wachtel to fill the vacancy D COMMITTEE REPORTS Mayor Beraud Integrated Waste Management Authority (IWMA) — Mayor Beraud shared some information from their annual report: 1 Our recycle rate in the County has gone from 65% to 67% The State goal is 50% 2 We are the first County in the State to initiate "Take Back Programs" (batteries, paint and fluorescent tubes) 3 Our County has six household hazardous waste drop off sites Fresno and San Francisco have none 4 Our County receives the highest number of grants in the State 5 IWMA Executive Director Bill Worrell will be the keynote speaker in the Twin ` wr World Congress in Switzerland this year E. INDIVIDUAL DETERMINATION AND /OR ACTION None F ADJOURNMENT Mayor Beraud adjourned the meeting at 9.24 p m MINUTES PREPARED BY Marcia McClure Torgerson, C M C City Clerk/Assistant to the City Manager Exhibit A— Brochure submitted by Ray Weymann CC Draft Minutes of 9/22/09 Page 7 of 7 73 .�/ ..r+ ITEM NUMBER. A -2 DATE. 11/10109 e Xi a 197-9 Nw- Atascadero City Council Staff Report - Community Development Department Title 9 Planning and Zoning Text Amendment PLN 2009-1335 / ZCH 2009-0155 (City of Atascadero) RECOMMENDATION Adopt on second reading, by title only, the Draft Ordinance approving PLN 2009-1335 (Zone Text Change 2009-0155) REPORT-IN-BRIEF The project consists of a proposed Zoning Ordinance Text Amendment to portions of Title 9, Planning and Zoning The proposed text updates consist of minor amendments for consistency and clarification of the code, including the following 1 Extension of Conditional Use Permit time limits to correspond with Tentative Maps (AMC 9-2 113) This would simply the process for applicants and staff to keep dormant project entitlements active 2 Expand land use descriptions for "auto dealers (new and used) and supplies" and "sales lots" (AMC 9-3 701) to allow RV and boat sales on existing car sales lots 3 Clarify land use description for"food and beverage retail sales" (AMC 9-3 701) 4 Expand and update uses allowed in the Commercial Professional zone to allow hotels on Morro Road and remove sexual oriented businesses as a conditional use 5 Update swimming pool fencing to be consistent with the California Building Code (AMC 94 128) 75 ITEM NUMBER A - 2 DATE. 11/10/09 Situation and Facts 1 Applicant: City of Atascadero 2 General Plan Designation Citywide 3 Zoning District: Citywide 4 Environmental Status Exempt from CEQA (Section 15061 (3) Review for Exemption, not a project FISCAL IMPACT There are no fiscal impacts associated with the proposed minor code text updates ATTACHMENTS Attachment 1 Draft Ordinance A 76 ITEM NUMBER A- 2 DATE. 11/10/09 ATTACHMENT 1 Draft Ordinance A-Code Text Amendment DRAFT ORDINANCE A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING ZONE TEXT CHANGE 2009-0155 AMENDING THE ATASCADERO MUNICIPAL CODE PLN 2009-1335/ZCH 2009-0155 (Citywide/City of Atascadero) 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), to consider Zone Change Text Amendments regarding Conditional Use Permit time limits, land use descriptions for auto dealers, sales lots, food and beverage retail sales, and personal services, uses allowed in the Commercial Professional Zone, and swimming pool fencing requirements, and, WHEREAS, a Notice of Exemption was 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 Title 9 Planning and Zoning of the Municipal Code, 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 Planning and Zoning Text 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 Planning and Zoning Text Amendments, and, WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on August 18, 2009, studied and considered PLN 2009-1335/ZCH 2009-0155, and, WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on October 27, 2009 studied and considered Zone Change 2009-0155, and, 77 ITEM NUMBER A-2 DATE. 11/10/09 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO { HEREBY ORDAINS AS FOLLOWS SECTION 1. Findings for Approval of a Zone Text Change. The City Council finds as follows 1 The Planning and Zoning Text Change is consistent with General Plan policies and all other applicable ordinances and policies of the City 2. This Amendment of the Zoning Ordinance will provide for the orderly and efficient use of lands where such development standards are applicable 3 The Text Change will not, in itself,result in significant environmental impacts SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on October 27, 2009 resolved to introduce for first reading by title only, an ordinance that would amend the City Zoning code text as follows 9-2.113 Permit time limits. An approved plot plan is valid for the time limits established by Title 8 governing building permits. An approved precise plan or conditional use permit, when not part of a Planned Development with approved corresponding Tentative Map is valid for twenty-four(24) months after its effective date, unless otherwise provided by adopted conditions At the end of the twenty-four(24)months the approval shall expire and become null and void unless. (a)Building permits have been applied for and have not expired, (b)The project is completed (Section 9-2.115), (c)An extension has been granted(Section 9-2.118) or (d)A building moratorium is imposed on the project site. (e)If a Conditional Use Permit has been approved as part of a Planned Development with a corresponding Tentative Map,the life of the Conditional Use Permit shall run with the map and shall only expire if the map expires.Time extensions for the may shall also extend the time of the corresponding Conditional Use Permit. Conditional Use Permits which correspond with a Tentative Map shall remain active and shall not expire once the map is recorded. This provision shall apply retroactively and, as a result, any Conditional Use Permit which expired prior to the effective date of this ordinance, but which was approved as part of a Planned Development with a corresponding Tentative Map that is still active, shall no longer be considered expired but shall instead be deemed active and subject to expiration only if and when the corresponding map expires without having been recorded. Nothing in this title shall be construed as affecting any time linnts established by Title 8 of this Code regarding work authorized by a building permit or other construction permit issued 78 ITEM NUMBER A- 2 DATE. 11/10/09 pursuant to Title 8 or time limits relating to the expiration of such permit. (Ord. 524 § 2 (part) 2008 Ord. 68 § 9-2.113 1983) Article 29 Land Use descriptions 9-3.701 Purpose. Auto Dealers (New and Used) and Supplies Retail and wholesale trade establishments selling new and used automobiles, including, but not limited to, light trucks (US DOT Class 1, 2,and 3), boats (FBSA Class A and Class 1 boats (under 26 feet in lengthl), recreational vehicles,recreational/utility trailers,motorcycles and mopeds. Also includes establishments selling new parts and accessories within a building for the above. Does not include establishments dealing exclusively in used parts. Includes automobile repair shops only when maintained by establishment engaged in the sale of vehicles on the same site. Does not include "service stations,"which are separately defined. Sales Lots. Sales lots consist of any outdoor sales area for permanent display of= ena1 , motorized farm equipment, boats (FBSA Class 3 and 4 boats [over 26 feet in length]), heavy commercial trucks (oveF O„e t0H US DOT Class 4 through S), mobilehomes, construction equipment, or other heavy equipment; outdoor equipment rental yards, or large scale temporary or permanent outdoor sales activities, including,but not limited to, swap meets and flea markets. Food and Beverage Retail Sales. Retail trade establishments primarily engaged in selling food for home preparation and consumption,as well as the retail sale of packaged alcoholic beverages for consumption off the premises, including wine tasting facilities which are not on the same site as the winery- for-wine tasting facAities)may inelud . HMO ffi-aff-p-t—h-An two (2) gas pumps as an aeeessoFy Article 8. CP (Commercial Professional) Zone 9-3.212 Allowable uses. The following uses shall be allowed in the Commercial Professional Zone. The establishment of allowable uses shall be as provided by Sections 9-2.107 and 9-2.108. (a) Food and beverage retail sales, where areas of use are less than two thousand five hundred(2,500) square feet per store, (b) Roadside stands (see Section 9-6 116), (c) Temporary or seasonal retail sales (see Section 9-6 174), (d) General merchandise stores, where areas of use are less than two thousand five hundred (2,500) square feet per store, (e) Accessory storage (see Section 9-6.103); (f) Personal services, where areas of use are less than two thousand five hundred (2,500) square feet per store, (g) Utility transmission facilities, (h) Collection stations (see Section 9-6.130); (i) Eating and drinking places, 0) Libraries and museums, (k) Broadcast studios, 79 ITEM NUMBER A-2 DATE. 11/10/09 r (1) Building materials and hardware, where areas of use are less than two thousand five hundred (2,500) square feet per store (see Section 9-6 165); (m) Furniture, home furnishings and equipment, where areas of use are less than two thousand five hundred (2,500) square feet; (n) Mail order and vending; (o) Financial services, (p) Health care services, (q) Temporary offices(see Section 9-6 176); (r) Light repair services, (s) Horticultural specialties(see Section 9-6 116); (t) Business support services, where all areas of use are located within a building; (u) Social and service organizations, (v) Offices, (w) Bed and breakfast; (x) Schools (see Section 9-6 125); (y) Utility service center; (z) Business and vocational schools, (aa) SeNually OFiented businesses (see ChapteF 5 10). 9-3.213 Conditional uses. The following uses may be allowed in the Commercial Professional Zone.The establishment of conditional uses shall be as provided by Section 9-2.109; (a) Caretaker's residence(see Section 9-6.104), i (b) Churches and related activities (see Section 9-6 121); (c) Pipelines; (d) Eating and drinking places with drive-through facilities, (e) Food and beverage retail sales, where areas of use are greater than two thousand five hundred (2,500) square feet per store; (f) General merchandise stores, where areas of use are greater than two thousand five hundred(2,500) square feet per store, 66 Hotels and Motels (gh) Personal services, where areas of use are greater than two thousand five hundred(2,500) square feet per store, (1}i) Building materials and hardware, where areas of use are greater than two thousand five hundred(2,500) square feet per store (see Section 9-6 165); (ij) Furniture, home furnishings and equipment, where areas of use are greater than two thousand five hundred (2,500) square feet per store. 9-4.128 Fencing and screening. (5)Swimming Pools. Yard areas with private swimming pools are to be fenced to discourage unsupervised access and use by small children. Such fencing is to be constructed per building code requirements. . . - - - -F four-(4) feet high and equipped m4th a self elosing and self gate.ate i at..l ing de a to be lted at height f four- (4) feet. a a a .� a -a m ..." Sueh feneing may be emitted wheFe building waIls abut the pool aFea,pr-o4ded that the 30 ITEM NUMBER A-2 DATE 11/10/09 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- 1%W Ellen Beraud,Mayor ATTEST Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM Brian Pierik, City Attorney 81 i ITEM NUMBEF A-3 DATE 11/10/09 VOW i9is ■ N Atascauero City Council Staff Report - Public Works Department Final Map 2009-0171 (Parcel Map AT 08-0076) 5455 Bajada Ave (TPM 2008-0094) Matthew and Sarah Cameron RECOMMENDATIONS Council 1 Adopt and approve Final Parcel Map 2009-0171 (Parcel Map AT 08-0076), and, 2 Authorize and direct the City Clerk to endorse the Council's approval on the Map DISCUSSION Tentative Parcel Map 2008-0094 was approved by the Planning Commission on December 16, 2008 The Tentative Parcel Map approved the division of a 2 03 acre lot into two lots of 1 02 and 0 95 acres Staff has determined that the Parcel Map is in substantial conformance with approved Tentative Parcel Map Pursuant to California Government Code Section 66474 1 the approving legislative body (City Council) cannot deny a parcel map that is in substantial conformance with the previously approved tentative map Also, Pursuant to California Government Code Section 66477 1(a), at the time the legislative body approves a parcel map, the legislative body shall also accept, accept subject to improvement, or reject any offer of dedication There are no offers of dedication on this map FISCAL IMPACT None Www° ATTACHMENT Exhibit A. Final Map 2009-0171 (Parcel Map AT 08-0076) 83 Exhibit A Final Map 2009-0171 (Parcel Map AT 08-0076) 5455 Bajada Ave. zpq a 1118 <n12 eyl a N w O z i g g �bdf w J O 0 9 �BGg Z � a 4iz U I 4a� # s j � � W a Q 0 gain N 9 e oG Q1 m X§ 9 �y - tit Lj J / {{ (V .y�urtr.�veooai yuan s In X I Q lip / oaz,, 7 II J I V C9 kr II Im tr W 6 � $ d W LO w ry x c CUSS sY x eg LL (if { Qo? q>+o ,� ' �j � dpi N d FT r.r �e�°' ,ro a`�r i�d• "�d,p J w Wja �3 r, W� 7 M �z IVs`_ lit `{ {{ tn o- <i Z a{ LO o 1 a 0 u m{{ a 0 0 1{ N a J SJR j -r- %F i m w v { `' { _fes' Vo { _ - fiast dt� �5s gds -.4__ Noo 34 ITEM NUMBER A-4 DATE. 11/10/09 d■■ Ai �'SCAnERc1/ Atascadero City Council Staff Report - Public Works Department Temporary Road Closure Holiday Musical Walk Around the Lake RECOMMENDATION Council adopt the Draft Resolution establishing associated tow-away zones, no parking zones and road closures for the Holiday Musical Walk Around the Lake on December 5th, 2009 DISCUSSION On Saturday, December 5th, 2009, City staff is proposing the closure of Marchant Avenue (from Pismo Street to Santa Rosa Road) and Lakeview drive (from Santa Rosa to Portola Road) from 5 00 p m until 11 00 p m to conduct the annual "Holiday Musical Walk Around the Lake" The annual Holiday Musical Walk Around the Lake includes performers in the Lake Pavilion, activities in the park, as well as festivities at various residences and locations around the Atascadero Lake The event will be sponsored and conducted by the Lake Neighbors Association and coordinated, in part, by the City of Atascadero FISCAL IMPACT $320 00 in Public Works staff time for placing barricades ALTERNATIVES None proposed ATTACHMENTS Road Closure Map Draft Resolution 85 ITEM NUMBER A-4 DATE. 11/10/09 HOLIDAY MUSICAL WALK fIwo AROUND THE LAKE Basta Rww Rtm r x r a } y*i . ■AAD 1 CS 90i .4 F+ C 86 ITEM! NUMBER A-4 DATE. 11/10/09 *4w DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA ESTABLISHING ATEMPORARY TOW-AWAY ZONE AND STREET CLOSURE FOR THE ANNUAL MUSICAL HOLIDAY WALK AROUND THE LAKE BE IT RESOLVED by the City Council of the City of Atascadero that the following street will be closed at the times indicated and that a tow-away zone will be established during the hours of closure for construction activities December 5th, 2009 Lakeview Drive from Portola to Santa Rosa Marchant Way from Santa Rosa to Pismo Avenue 5.00 P.M. — 11 00 P.M. PASSED AND ADOPTED at the regular meeting of the City Council of the City of Atascadero held on the 10`h rd of November, 2009 ATTEST CITY OF ATASCADERO Marcia McClure Torgerson, C.M.C.City Clerk Ellen Beraud, Mayor APPROVED AS TO FORM. Brian A. Pierik, City Attorney 87 t r