The URL can be used to link to this page

Home My WebLink About2006-022 RESOLUTION NO 2006-022 RESOLUTION OF THE CITY COUNCIL OF ATASCADERO, CALIFORNIA, CERTIFY PROPOSED MITIGATED NEGATIVE DECLARATION 2006-0004 PREPARED FOR ZONE CHANGE 2006-0114 (City of Atascadero/Medicinal Marijuana Ordinance) WHEREAS, the City of Atascadero has initiated a process to amend the municipal code to conditionally allow medical marihuana dispensaries within certain commercial zones in the City of Atascadero, and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2006-0004 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 of the City of Atascadero held a public hearing on March 7, 2006 following the close of the review period to consider the Initial Study and Proposed Mitigated Negative Declaration, and, WHEREAS, the Atascadero City Council held a public hearing on March 28, 2006 ,. following the close of the review period to consider the Initial Study and Proposed Mitigated Negative Declaration, and, WHEREAS, the City Council has determined that the proposed ordinance will have no significant impacts with findings and conditions incorporated into the approval process, and, NOW THEREFORE, the Atascadero City Council, hereby resolves to certify Proposed Mitigated Negative Declaration 2006-0114 based on the following Findings, and as shown in Exhibit A. 1 The Proposed Mitigated Negative Declaration has been completed in compliance with CEQA, and, 2 The Proposed Mitigated Negative Declaration was presented to the Planning Commission, and the information contained therein was considered by the Planning Commission, prior to recommending action on the project for which it was prepared, and, 3 The proposed zone text amendment does not have the potential to degrade the environment when mitigation measures are incorporated into the project; and, 4 The proposed zone text amendment will not achieve short-term to the disadvantage of long-term environmental goals, and, 5 The proposed zone text amendment does not have impacts which are individually limited, but cumulatively considerable; and, City of Atascadero Resolution No.2006-022 Page 2 of 3 114W 6 The proposed zone text amendment will not cause substantial adverse effects on human beings either directly or indirectly; and, On motion by Council Member Luna and seconded by Council Member Clay, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote AYES Council Members Clay and Luna and Mayor O'Malley NOES Council Member Scalise ABSENT Council Member Pacas ADOPTED April 11, 2006 CITY`QF ATASCAD By C — Tom O'Ma ey, I&J ATTEST Marcia McClure Torgerson, C.M.C., City Jerk APPROV AS TO FORM Patnck , City Attorney City of Atascadero Resolution No.2006-022 Page 3 of 3 Exhibit A:Proposed Mitigated Negative Declaration 2006-0004 191a , ram CITY OFATASCADERO PROPOSED NEGATIVE DECLARATION#2006-0004 6907 El Camino Real, Atascadero,CA 93422 805/461-5000 Applicant: City of Atascadero,6907 El Camino Real,Atascadero,CA 93422, Phone:(805)461 5000 Project Title: Zone Change 2006-0114 Zone Text Amendment Project The proposed Zoning Code Text Amendment may change sections of the Atascadero Municipal Zoning Location: Code within the CR(Commercial Retail)and CS(Commercial Services)Zoning Districts. Project The proposed project consists of an application for a zone text amendment to update allowable and Description: conditionally allowed uses within Commercial Zoning Districts throughout the City consistent with the General Plan. Amend Conditional Uses to include: Medical Marijuana Dispensary(See Chapter 12 of Title 5). It is the purpose and intent of this proposed Ordinance to regulate Medical Marijuana Dispensaries in order to promote the health,safety,morals,and general welfare of the residents and businesses within the City. It is neither the intent nor effect of this Ordinance to condone or legitirni7e the use of marijuana. General Plan Land Use Designation: General Corranercial(GC) Zoning Districts: Commercial Retail(CR)and Comrnercial Service(CS) Findings: 1. The project does not have the potential to degrade the environment. 2. The project will not achieve short-term to the disadvantage of long-term environmental goals. 3. The project does not have impacts whicb are individually limited,but cumulatively considerable. 4 The project will not cause substantial adverse effects on human beings either directly cr indirectly Determination: Based on the above findings,and the information contained in the initial study 2004-0045(made a part hereof by reference and on file in the Community Development Department),it has been determined that the above project will not have an adverse impact on the environment wbeu the following mitigation measures are incorporated into the project(see attachment). Prepared By: Steve McHarris,Deputy Community Development Director Date Posted: February 10,2006 Public Review Ends: March 1,2006 Attachments: - Location Map Initial Study 2006-0004 Poe1Mio1 Wr:,wv�u w�!-d 1wDmM� IOW DW:RMW[Lff TM 6907 EL CAM NO REAL•ATASCADERO,CA 93422 (805)461-5000-FAX 4617612 97 — Resolution 2006-022 Exhibit _ Proposed Neg Declaration 2006-004 CITY OF ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT NOTICE OF INTENT TO ADOPT PROPOSED NEGATIVE D RECEIVED N FEB I 0 2006 JULIE u RODEWALO county clerk ty �A.TI�e NOTICE IS HEREBY GIVEN that the Environmental Coordinator of the City of Atascadero has completed a review of the following project and is proposing the following environmental determination: Applicant: City of Atascadero, 6907 El Camino Real, Atascadero, CA 93422, Phone: (805) 461-5000 Project Title: Zone Change 2006-0114 , Zone Text Amendment Project The proposed Zoning Code Text Amendment may change sections of the Atascadero Municipal Zoning Location: Code within the CR (Commercial Retail) and CS (Commercial Services) Zoning Districts. Project The proposed project consists of an application for a zone text amendment to update allowable and Description: conditionally allowed .uses within Commercial Zoning Districts throughout the City consistent with Environmental the General Plan_ Amend Conditional Uses to include: Medical Marijuana Dispensary (See Chapter Determination:. 12 of Title 5). It is the purpose and intent of this proposed Ordinance to regulate Medical Marijuana Dispensaries in order to promote the health, safety, morals, and general welfare of the residents and businesses within the City. It is neither the intent nor effect of this Ordinance to condone or legitimize the use of marijuana. General Plan Land Use Designation:. General Commercial (GC) Zoning Districts: Commercial Retail (CR) and Commercial Service (CS) Environmental Begins: February 10, 2006 Review Dates: Ends: March 1, 2006 Hearing Date: March 14, 2006, 7:00 p.m. Hearing City Hall, Council Chambers Location: 6907 El Camino Real, Atascadero, CA 93422 Proposed Based on the initial study prepared for the project, a Negative Declaration is Environmental proposed. The proposed Negative Declarationis available for public review from Determination:. 2%10/06 through 3/1/06 . at :6907 El . Camino. Real, Community Development . Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Any interested person may review the certified Negative Declaration andproject files. Questions should be directed to Steve McHarris, Deputy Community Development Director at 461-5000, Ext. 3482. Ste McHarris, Deputy Community Development Director . ate R" MaSd M_rJ_ mne Im ama.dmnt MND�dac ... - Print Cm Cm VLIGM"S PM 6907 EL CAMINO REAL • ATASCADERO, CA 93422 • (8057 461-5000 • FAX 461-7612 aF CITY OF ATASCADERO PROPOSED NEGATIVE �. DECLARATION #2006-0004 6907 El Camino Real, Atascadero, CA 93422 805/461-5000 Applicant: City of Atascadero, 6907 El Camino Real, Atascadero, CA 93422, Phone: (805) 461-5000 Project Title: Zone Change 2006-0114 , Zone Text Amendment Project The proposed Zoning Code Text Amendment may change sections of the Atascadero Municipal Zoning Location: Code within the CR (Commercial Retail) and CS (Commercial Services) Zoning Districts. Project The proposed project consists of an application for a zone text amendment to update allowable and Description• conditionally allowed uses within Commercial Zoning Districts throughout the City consistent with the General Plan. Amend Conditional Uses to include: Medical Marijuana Dispensary (See Chapter 12 of Title 5). It is the purpose and intent of this proposed Ordinance to regulate Medical Marijuana Dispensaries in order to promote the health, safety, morals, and general welfare of the residents and businesses within the City. It is neither the intent nor effect of this Ordinance to condone or legitimize the use of marijuana. General Plan Land Use Designation: General Commercial (GC) Zoning Districts: Commercial Retail (CR) and Commercial Service (CS) r�nu�nys: 1. The project does not have the potential to degrade the environment. 2. The project will not achieve short-term to the disadvantage of.long-term environmental goals. 3. The project does not have impacts whicb are individually limited, but cumulatively considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. Determination: Based on the above -findings, and the information contained in the initial study 2004-0045 (made a part hereof by reference and on file in the Cornmu„ity Development Department), it has been determined that the above project will not have an adverse impact on the environment when the following mitigation measures are incorporated into the project (see attachment). Prepared By: Steve McHarris, Deputy Community Development Director Date Posted: February 10, 2006 Public Review Ends: March 1, 2006 Attachments: - Location Map - Initial Study 2006-0004 'i FJc Mdid Manjmru m.e m mv�et MHDmdoc _ Pml Dn OLIOQ6255 PM 6907 EL CAA INO REAL • ATASCADERO, CA 93422 • (805) 461-5000 • FAX 461-7612 97 CITY OF ATASCADERO INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM Environmental Review 2006-0004 Applicant: City of Atascadero, 6907 El Camino Real, Atascadero, CA 93422, Phone: (805) 461-5000 Project Title: Zone Change 2006-0114 , Zone Text Amendment Project The.proposed Zoning Code Text Amendment may change sections of the Atascadero Municipal Zoning Location: Code within the CR (Commercial Retail) and CS (Commercial Services) Zoning Districts. Project The proposed project consists of an application for a zone text amendment to update allowable and Description: conditionally allowed uses within Commercial Zoning Districts throughout the City consistent with Zoning: the General Plan. Amend Conditional Uses to include: Medical Marijuana Dispensary (See Chapter Other public agencies 12 of Title 5). It is the purpose and intent of this proposed Ordinance to regulate Medical Marijuana whose approval is Dispensaries in order to promote the health, safety, morals, and general welfare of the residents and required (e.g., permits, businesses within the City. It is neither the intent nor effect of this Ordinance to condone or legitimize financing approval, or the use of marijuana. participation agreement) General Plan Land.Use Designation: General Commercial (GC) Zoning Districts: Commercial Retail (CR) and Commercial Service (CS) Lead Agency Name City of Atascadero and Address: 6907 El Camino Real, Atascadero, CA 93422 Contact Person and Steve McHarris, Deputy Community Development Director Phone Number. City of Atascadero, 6907 El Camino Real, Atascadero, CA 93422 General Plan General Commercial Designation: Zoning: Commercial Tourist (CR), Commercial Service (CS) Other public agencies None whose approval is required (e.g., permits, financing approval, or participation agreement) 02/10/06 - - Medical Marijuana zone text amendment MND.sm doc CITY OF ATAS CADER O INITIAL STUDY ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially. Significant Impact" as indicated by the checklist on the following pages.. ❑ Aesthetics ❑ Biological Resources ❑ Hazards & Hazardous Materials ❑ Mineral Resources ❑ Public Services ❑ Utilities / Service Systems ❑ Agriculture Resources ❑ Cultural Resources ❑ Hydrology / Water Quality ❑ Air Quality ❑ Geology /Soils ❑ Land Use / Planning ❑ Noise ❑ Population / Housing ❑ Recreation ❑ Transportation/Traffic ❑ Mandatory Findings of Significance On the basis of this initial evaluation: I find that the proposed project`COULD.NOT have a significant effect on the environment, and a .NEGATIVE DECLARATION.will be prepared. ❑ I find that although the proposed project could have a significant effect on 'the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a "potentially significant effect" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze, only.the effects that remain to be addressed. ❑ .I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. weve Mcriarrls Deputy Community Development Director 02/10/06 ---- — - --=— --- -- - - — %NCltyhall\cdvlpr nh- ZCH Zone Change\ZC 062CH 20060114. Medical Marijuana\Medical Marijuana zone text amendment MNDsm-doc inn M Initial Study 2006-0004 ZCH 2006-0114: Zone Text Amendment Medical Marijuana Dispensary Use 1. AESTHETICS — Would the project: CITY OFATASCADERO INITIAL STUDY Potentially Less Than Less Than No Significant Significant with Significant Impact Impact Mitigation Impact Incorporation a) Have a substantial adverse effect on a scenic vista? ❑ ❑ of (Farmland), as shown on the maps b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings ❑ within a state scenic highway? Program of the California Resources Agency, to non- c) Substantially degrade the existing visual character or quality of the site and its surroundings? agricultural use? ❑ d) Create a new source of substantial light or glare that adversely affect day or nighttime views in the area? El Elwould contract? buuKutb: Hroject Description; General Plan Land Use Element. DISCUSSION The purpose of the proposed text amendment is to It is the purpose and intent of this proposed ordinance to regulate Medical Marijuana Dispensaries in order to promote the health, safety, morals, and general welfare of the residents and businesses within the City. All commercial projects require appearance review per the City's General Plan. No significant visual impacts are associated with the text amendment. 2. AGRICULTURAL RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland Statewide Importance ❑ of (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act ❑ contract? c) Involve other changes in the existing environment which, due to their El ❑ location or nature, could result in conversion of Farmland, to non-agricultural use? SOURCES: Land Use Element EIR. DISCUSSION Potential future development sites are all currently within the Urban Core area and no agricultural resources are present. No impacts would occur to agricultural resources. 3. AIR QUALITY — The significance criteria established by - the Air Quality Control District in its CEQA Guidelines may De relied upon to make the following determinations. Would the project: 02/10/06 Page rJ' Medical Marijuana zone text amendment MNDsm.doc im CITY OFATASCADERO INITIAL STLIDY Initial Study 2006-0004 Potentially Less Than Less'Than No Slgnlficant Significant with Significant Impact ZCH 2006-0114: Zone Text Amendment Impact Mitigation Impact Medical Marijuana Dispensary Use Incorporation f) Conflict with the provisions of an adopted Habitat ElConservation Plan, Natural Community Conservation Plan, El or other approved local, regional, or state habitat conservation plan? SOURCES: Project description, Land Use Element EIR DISCUSSION: The proposed zone text change will not increase development on sites within the identified commercial zoning districts. Any sites containing biological resources will be addressed at the time of entitlement and/or development. 7nA 5. CULTURAL RESOURCES —Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in'15064.5?.VN ❑ ❑ b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to '15064.5? ❑ c) Directly or indirectly destroy a unique paleontological or site or unique geologic feature? El d) Disturb any human remains, including those interred outside of formal cemeteries?' ❑ ❑ SOURCES: Project description; -Land Use Element EIR. DISCUSSION: The proposed zone text change will not increase development on potential sites. Any sites cultural resources will be addressed at the time ,of entitlement and/or development. containing potential 6. GEOLOGY AND SOILS — Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death ❑ ❑ involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault ❑ Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ ❑ ❑ iii) Seismic -related ground failure, including liquefaction? ❑ ❑ ❑ iv) Landslides? � ❑ ❑ b) Result in substantial soil erosion or the loss of topsoil? ❑ ❑ c) Be located on a geologic unit or soil that is unstable, or❑ that would become unstable as a result of the project, and El ❑ 02/10/06 Page % Medical Marijuana zone text amendment MNDsm.doc 7nA t'c/ixe�o�:!11. Initial Study 2006-0004 Potentially Significant ZCH 2006-0114: Zone Text Amendment Impact Medical Marijuana Dispensary Use residences are intermixed with wildlands? SOURCES: Project description; General Plan Land Use Element. DISCUSSION The project would not involve the use or storage of hazardous materials. 8. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of previously -existing nearby wells would drop to a level that would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course.of a stream or river, in a manner which would result in substantial erosion or siltation. on- or off-site? d) Substantially alter the existing drainage.pattem of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? CITY OFATASCADERO IMTIAL STUDY Less Than Less Than No Significant with Significant Impact Mitigation Impact Incorporation ❑ ❑ ❑ mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? ❑ ❑ ❑ ❑ g) Place housing within a 100 -year flood hazard area as ❑ ❑ mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures that ❑ ❑ would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, ❑ ❑ injury or death involving flooding, including flooding as a result of the failure of a levee or dam? J) Inundation by seiche, tsunami, or mudflow? ❑ ❑ SOURCES: Project description DISCUSSION: The project would not create any impacts to water quality or affect any flood hazard conditions. Page 9 Medical Marijuana zone text amendment MNDsmdoc inn Initial Study 2006-0004 ZCH 2006-0114: Zone Text Amendment Medical Marijuana Dispensary Use CITY OF ATASCADERO INITIAL STUDY Potentially Less Than Less Than No Slgniflcant Significant with Significant Impact Impact Mitigation Impact .Incorporation d) A substantial temporary or periodic increase in ambient ❑ noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, ❑ El such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would ❑ Elthe project expose people living or working in the project area to excessive noise levels? SOURCES: Project description; Noise Element; Noise Ordinance DISCUSSION: The proposed zoning amendment will not result in the generation of additional noise sources. Any future business or proposed development will be required to be consistent with the noise ordinance standards set forth in the Atascadero Municipal Code. 12. POPULATION AND HOUSING— Would the project: l a) Induce substantial population growth in an area, either1:1 1:1directly (for example, by proposing new homes and ' . businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, ❑ Elnecessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the. ❑ Elconstruction of replacement housing elsewhere? SOURCES: Project description; General Plan Land Use Element DISCUSSION: No housing or persons will be displaced. 13. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? ❑ ❑ ❑ Police protection? __ _ ❑ ❑ ® ❑ . av,oroe _ Page 11 Medical Marijuana zone lexl amendment MNDsmdoc 108 ,iflllar�f7Q.n91 Initial Study 2006-0004 ZCH 2006-0114: Zone Text Amendment Medical Marijuana Dispensary Use e) Result in inadequate emergency access? f) Result in inadequate parking capacity? CITY OFATASCADERO INITIAL STUDY Potentially Less Than Less Than No Significant Significant with Significant Impact Impact Mitigation Impact Incorporation El g) Conflict with adopted policies, plans, or programs ❑ supporting alternative transportation (e.g., bus turnouts, bicycle racks)? SOURCES: Land Use Element; Circulation Element; Project Description. DISCUSSION: The project will not generate any new trips or alter existing traffic patterns. 16. UTILITIES AND SERVICE SYSTEMS —Would the project: a) Exceed wastewater treatment requirements of the ❑ applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or ❑ wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water ❑ drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the ❑ project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment ❑ provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? D Be served by a landfill with sufficient permitted capacity to ❑ accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and ❑ regulations related to solid waste? SOURCES: Project description; Land Use Element. DISCUSSION: The project would not create new demands on public facilities or utilities. 17. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality ❑ of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop 02J10106 - Page 13 ❑ ❑VN ❑ ❑ M ❑ ❑ Medical Marijuana zone text amendment MNDsmdoc iin