HomeMy WebLinkAboutAgenda Packet 10/11/2005 19$ 0 9 CITY OF ATASCA DERO
CITY COUNCIL
AGENDA
Tuesday, October 11, 2005
7:00 P.M.
Atascadero Lake Pavilion
9315 Pismo St.
Atascadero, California
REDEVELOPMENT AGENCY: 6:30 P.M.
CLOSED SESSION:
(Immediately Following Redevelopment Agency Meeting)
1. PUBLIC COMMENT— CLOSED SESSION
2. CALL TO ORDER
a) Conference with Legal Counsel —Anticipated Litigation
In the matter of the Anglo-California Trust Company
Indenture Trust Dated December 1, 1929— San Luis Obispo
Superior Court Case No. PR-050193 —Consideration of Intervening
in Action
b) Conference with Legal Counsel — Existing Litigation (Govt. Code Sec.
54956.9(a)
1. City of Atascadero v. Dorsey et al.
3. ADJOURN
4. CLOSED SESSION REPORT
REGULAR SESSION: 7:00 P.M.
PLEDGE OF ALLEGIANCE: Mayor Scalise
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ROLL CALL: Mayor Scalise
Mayor Pro Tem O'Malley
Council Member Clay
Council Member Luna
Council Member Pacas
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 and address
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.)
APPROVAL OF AGENDA: Roll Call
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.)
PRESENTATION:
1 Proclamation declaring October 9 - 15, 2005 as "Fire Prevention Week".
A. CONSENT CALENDAR: (AIL 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. City Council Strategic Planning Workshop Minutes —September 10, 2005
City Clerk Recommendation: Council approve the City Council strategic
planning workshop meeting minutes of September 10, 2005. [City Clerk]
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2. Marchant Avenue Condominiums: Zone Map Change (ZCH 2005-0098),
S Zone Text Change (ZCH 2005-0102) — Replace Existing Recreational
Vehicle Park with a 12-unit Condominium Development. (5000 Marchant
Ave. / Gearhart)
■ Fiscal Impact: Loss of Transient Occupancy Tax revenues of
approximately $4,000.00.
■ Recommendations: Council:
1. Adopt on second reading by title only, Draft Ordinance A, approving
Zone Map Change 2005-0098 based on findings; and,
2. Adopt on second reading by title only, Draft Ordinance B, approving
Zone Text Amendment 2005-0102 modifying PD-10 overlay district
code text based on findings. [Community Development]
3. West Front Village: Planned Development Zone Code Text 2003-0058,
Zone Change (ZCH 2003-0088) — 14 single-family residential homes, 18
multi-family residential duplex units, a 79-unit hotel, 10,000 sq. ft. of
commercial retail/restaurant and gas station/fast food buildings, and
12,700 sq. ft. of business park buildings. (Shannon — West Front
Properties)
■ Fiscal Impact: Total annual projected revenue for the City of $245,708.00.
■ Recommendations: Council:
1. Adopt on second reading, by title only, Draft Ordinance A approving
Zone Code Text Change 2003-0058 establishing a PD-23 overlay
district based on findings; and,
2. Adopt on second reading, by title only, Draft Ordinance B approving
Zone Change 2003-0088 based on findings. [Community
Development]
4. Purchase of Fire Department Utility Vehicle
■ Fiscal Impact: $35,921.77 budgeted in FY 05/06 from the Vehicle
Replacement Fund.
■ Recommendation: Council authorize the purchase of a budgeted
command/utility vehicle from Rancho Motors Co. in the amount of
$35,921.77. [Fire]
5. Road Acceptance: Via Tortuga and Calle Refugio
■ Fiscal Impact: City staff will be responsible for maintaining roads.
■ Recommendation: Council accept Via Tortuga and Calle Refugio into the
City-maintained road system. [Public Works]
B. MANAGEMENT:
1. Parks and Recreation Commission Request to Hold Public Workshops
on the Potential Future Uses of Stadium Park
• ■ Fiscal Impact: Staff time to hold public meetings.
■ Recommendation: Council provide direction to the Parks and Recreation
Commission regarding their request to hold public workshops on the
potential future uses of Stadium Park. [Community Services]
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2. County Library Discussion
■ Fiscal Impact: None.
• Recommendation: Council discuss request from County Library and
provide direction to staff. [City Manager]
C. COMMITTEE & LIAISON REPORTS: (The following represent standing
committees. informative status reports will be given, as felt necessary):
Mayor Scalise
1. County Mayor's Round Table
2. Atascadero State Hospital Advisory Board
3. Local Agency Formation Commissions (LAFCO)
4. SLO Council of Governments (SL000G) / S.L.O. Regional Transit Authority
(SLORTA)
Mayor Pro Tem O'Malley
1. Finance Committee
2. Air Pollution Control District (APCD)
3. Economic Vitality Corporation, Board of Directors (EVC)
4. League of California Cities- Grassroots Network
5. City/ Schools Committee
6. Economic Opportunity Commission (EOC)
Council Member Clay
1. S.L.O. County Flood Control & Water Conservation District Water Resources
Advisory Committee
2. Nacimiento Water Purveyors Contract Technical Advisory Group
3. North County Water Purveyors Group
Council Member Luna
1. Finance Committee
Council Member Pacas
1. Integrated Waste Management Authority (IWMA)
2. City/ Schools Committee
3. Atascadero Youth Task Force
D. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
2. City Clerk
3. City Treasurer
4. City Attorney
5. City Manager
4
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, Shannon Sims, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury
that the foregoing agenda for the October 11, 2005 Regular Session of the Atascadero City Council
was posted on October 4, 2005 at the Atascadero City Hall Annex, 6905 EI Camino Real, Suite 6,
Atascadero, CA 93422 and was available for public review in the Customer Service Center at that
location.
Signed this 4th day of October, 200 t Atascadero, California.
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Shannon Sims, Deputy City Clerk
City of Atascadero
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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
Atascadero Pavilion on the Lake, 9315 Pismo St., 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 Annex business hours at the Central
Receptionist counter 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.
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)
461-5000. 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
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 podium. If
you wish to speak for, against or comment in any way:
• You must approach the podium and be recognized by the Mayor
• Give your name and address (not required)
• Make your statement
• All comments should be made to the Mayor and Council
• No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other
individual, absent or present
• All comments limited to 5 minutes (unless changed by the Council)
• 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. Access to hook up your laptop to the City's projector will 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 podium 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).
TO HAVE ITEMS PLACED ON AGENDA
All business matters to appear on the Agenda must be in the Office of the City Manager 14 days preceding the Council
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meeting. Should you have a matter you wish to bring before the Council, please mail or bring a written communication tole
the City Manager's office in City Hall prior to the deadline.
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City of Atascadero
Proclamation
Fire Prevention Week
October 9 - 15, 2005
WHEREAS, the week of October 9-15, 2005 has been designated as Fire Prevention
Week nationwide;.and
WHEREAS, Fire Prevention Week is held in commemoration of the anniversary of the
"Great Chicago Fire"; and
WHEREAS, the 2005 Fire Prevention Week theme nationwide is "Use Candles with
Care"; and
•
WHEREAS, the City of Atascadero Fire Department and firefighters nationwide
symbolize Fire Prevention Week as a time to stress the importance of fire prevention and
education to the public.
NOW THEREFORE, BE IT RESOLVED, that I, Wendy Scalise, Mayor of the City of
Atascadero, on behalf of the City Council, do hereby officially proclaim the week of October 9-
15, 2005 as "Fire Prevention Week".
WITNESS THE OFFICIAL SEAL OF
THE CITY OF ATASCADERO:
. Wendy Scalise, Mayor
City of Atascadero, California
October 11, 2005
7,,-
1
ITEM NUMBER: A- 1
DATE: 10/11/05
CITY OF A TA SCA DERO
CITY COUNCIL
Mid Year Strategic Planning Workshop
MINUTES
Saturday; September 10, 2005
Pavilion on the Lake, Atascadero, California
Welcome and Check in:
Mayor Scalise called the workshop to order at 8:35 a.m. and welcomed everyone,
stating that strategic planning workshops are a good practice. She explained how these
workshops have assisted the Council in dealing with complex issues that face them,
and they enable the Council to give staff direction on policy issues.
• Mayor Scalise asked for a roll call and for Council and staff to introduce themselves for
the benefit of the audience, and announce if they had any time constraints.
Council Member Pacas stated that she was very unhappy with the draft sample of the
plaque for the Sunken Gardens as she does not want her name associated in any way
with the project. She also said that she thought it was a waste of money to create a
plaque at all.
Council Member Luna concurred with Council Member Pacas' comments. He added
that he could support a plaque with the history of the Gardens, but with no names on it.
Mayor Pro Tem O'Malley stated that he likes the plaque and if someone does not want
their name on it, that's fine, but he would like his name on the plaque.
Mayor Scalise said that she likes the plaque and would be proud to have her name on
it.
Council Member Clay stated that he likes the plaque.
There was Council consensus that a plaque should be created for the Sunken
Gardens which includes the history of the Gardens, and will include only the
names of those Board Members who would like to have their name on the plaque.
CC SP Draft Minutes 09/10/05
Page 1 of 5
9
ITEM NUMBER: A- 1
DATE: 10/11/05
Mayor Scalise announced that Assemblyman Sam Blakeslee will be in Atascadero for
the Hurricane Relief Drive, on Thursday, September 15th from 1:00 — 5:00 p.m. in the
Albertson's parking lot. She asked that City officials and staff rotate attendance to show
support.
ROLL CALL:
Present: Council Members Clay, Luna, Pacas, O'Malley and Mayor Scalise
Others Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis,
Assistant to the City Manager/ City Clerk Marcia McClure
Torgerson, Fire Chief Kurt Stone, Police Chief John Couch,
Community Development Director Warren Frace, and Deputy
Executive Director of the Redevelopment Agency Marty Tracey.
COMMUNITY FORUM:
Eric Greening, expressed his concerns with road maintenance as it relates to pedestrian
and bike paths. He also urged the Council to include the North County Transit Plan in
their discussions concerning circulation within the north county.
Mike Goodman, shared with the Council the problems his son and daughter-in-law are •
having with the sale of their deed-restricted property. He stated that the affordable
housing program is unclear and he doesn't feel it is fair for them to end up with a loss on
the sale of their property:
Kelly Goodman, 5900 Teresa St., stated that she and her husband bought their deed-
restricted property two years ago. They now want to sell the property, and are aware
that the property across the street from them recently sold for fair market value, but they
are being told that they must sell at the affordable housing value. She explained that if
they sell at the affordable housing value, they will lose money. Mrs. Goodman said that
she feels this is unfair and that she is getting different answers from City staff members.
She asked for the Council's help.
Joanne Main, Chamber of Commerce, thanked the Council for attending the Chamber
Business Visitation Program. All of the attendees are learning from the business
owners the difficulties encountered when starting a business in Atascadero. This
creates an opportunity for solutions to be found to improve the situation in the future.
CC SP Draft Minutes 09/10/05
Page 2 of 5
10
ITEM NUMBER: A- 1
DATE: 10/11/05
Progress of Council Strategic Initiatives
The City Manager and Department Heads will present a PowerPoint
presentation and discussion on the progress made on the City Council
Strategic Initiatives. The Strategic Initiatives are:
1 . Enhance Public Safety
2. Improve the City's Financial Condition
3. Construct the Youth/Community Center
4. Continue the Emphasis on Road Maintenance
5. Repair the Historic City Hall Building
City Manager McKinney presented to the Council, in a PowerPoint presentation,
accomplishments that have been made this year reflecting the strategic initiatives of the
Council. Department Heads answered questions of the Council.
Council Member Luna asked for public information concerning evacuation after a
disaster. Also, he suggested including bike paths in the Highway 101/41 improvements
and our road maintenance program.
Council Member Clay stated that Atascadero still needs a pool, and the school pool has
been closed for the last 2 years. He asked staff to look into joint use of the school pool.
Mayor Scalise called for a Recess at 10:00 a.m.
Mayor Scalise resumed the meeting at 10.20 a.m.
Affordable/Workforce Housing Program
This section will include a discussion of the City's Inclusionary Housing
Program. Implementation of the program has revealed challenges which
impact the viability of the units. The discussion may include topics such as
the deed restrictions, financing and optional inclusionary housing methods.
Community Development Director Warren Frace gave the staff report, including options
to solve the evolving problems with this program.
The Council agreed that this is a good program that needs to be fixed. There was some
discussion about the need for a full time employee to manage this program.
There was Council consensus to continue with the existing program.
Staff was also directed to bring back to the Council, within 60 days,
an amended program, Option 3—A Silent Second plus Equity Sharing Program
with a Sliding 30 year Scale.
There was also Council consensus at the end of this workshop for staff
to bring back a separate solution for the 10+ existing affordable housing issues
that currently exist.
CC SP Draft Minutes 09/10/05
Page 3 of 5
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ITEM NUMBER: A- 1
DATE: 10/11/05
Condominium Conversions
This section will include a discussion of the impact of condo conversions on
the rental and affordable housing market, General Plan policies and the
City's position relative to potential conversions.
Community Development Director Warren Frace gave the staff report, explaining the
increasing amount of condo conversions and the loss of rental numbers.
There was Council discussion on this issue, including their understanding of the
motivation behind condo conversions and the negative effect limited rental properties
can have on the community.
There was Council consensus to direct staff to bring this issue back
to the Council with proposed options.
Mayor Scalise recessed the workshop for lunch at 12:00 p.m.
Mayor Scalise resumed the workshop at 12:40 p.m.
Emergency and Fire Options for High Hazard Buildings and Buildings
Over Three Stories
This section will include a discussion of the options to deal with the
emergency response to current and proposed multi story and special
occupancy structures. The discussion may include concepts such as
mutual aid with the City of Paso Robles, additional fire equipment, building
restrictions, and other methods to enhance public safety.
Fire Chief Kurt Stone gave the staff report, explaining the potential emergency and fire
hazards of buildings over 3 stories. He concluded his report with 4 recommended
alternatives.
The Council discussed this issue and the alternatives offered by the Fire Chief.
There was Council consensus to direct staff to:
1. Seek a formal agreement with the City of Paso Robles for the use of
their ladder truck,
2. Set up program for the collection of fees from future construction of
buildings over 3 stories,
3. Look into purchasing a used ladder truck,
4. Look into the possibility of buying into the City of Paso Robles'
ladder truck.
CC SP Draft Minutes 09/10/05
Page 4 of 5
12
ITEM NUMBER: A- 1
DATE: 10/11/05
Colony Roads
This section will include an overview of the history of the Colony Roads; the
deed restriction; public vs. private roads; the offer of dedication by Wells
Fargo Bank, and Wells Fargo Bank's Petition to Terminate the Trust. The
discussion may include Acceptance/Rejection of the Offer of Dedication,
Acceptance/Rejection of Maintenance of Colony Roads, and Liability for
Injuries/Accidents on Colony Roads
City Attorney Pat Enright gave the staff report, explaining the history of the Colony
Roads and his recommendations to the Council
The Council discussed this issue and agreed that the Colony Roads issue has been
unclear for many years, and they need to make decisions that will streamline ongoing
road issues.
There was Council consensus to have staff bring this issue back to the Council,
with recommendations to accept Wells Fargo's offer of their roads without
accepting them into the City's maintenance system, and also to accept and
maintain roads that are paved under the new Road Loan Program.
Wrap up
Mayor Scalise thanked everyone for coming to this workshop and commended staff for
their excellent reports and for being prepared to address all issues and questions today.
Adjournment: 2:00 p.m.
MINUTES PREPARED BY:
Marcia McClure Torgerson, C.M.C.
City Clerk/Assistant to the City Manager
CC SP Draft Minutes 09/10/05
Page 5 of 5
13
ITEM NUMBER: A-2
DATE: 10/11/05
1918 ' ® y 7a e
Atascadero City Council
Staff Report - Community Development Department
Marchant Avenue Condominiums:
Zone Map Change (ZCH 2005-0098),
Zone Text Change (ZCH 2005-0102)
(5000 Marchant Ave. / Gearhart)
RECOMMENDATIONS:
Council:
1. Adopt on second reading by title only, Draft Ordinance A, approving Zone
Map Change 2005-0098 based on findings; and,
• 2. Adopt on second reading by title only, Draft Ordinance B, approving Zone
Text Amendment 2005-0102 modifying PD-10 overlay district code text
based on findings.
DISCUSSION:
On September 6, 2005, the Planning Commission voted 7 — 0 to recommend that the
City Council approve the proposed project with conditions. The proposed project
consists of an application for a General Plan Amendment, Zone Map Change, and Zone
Text Amendment on the subject site with a corresponding Master Plan of Development
(CUP 2005-0156 Amendment) and Tentative Tract Map that would replace an existing
recreational vehicle park with a 12-unit condominium development.
On September 27, 2005, the City Council conducted a public hearing to consider an
amendment to the PD-10 overlay zone and application of the revised overlay zone
change on the subject parcel.
FISCAL IMPACT:
Project approval will result in removing approximately 22 rental RV spaces which is the
• equivalent of removing 22 rentable rooms in a hotel use, resulting in annual lost bed-tax
revenues of approximately $4,000. However, the applicant has provided a justification
statement explaining that the ultimate closure of Marchant from Morro Road will
significantly impact the RV facility making it an inconvenient location for this use. In
15
ITEM NUMBER: A- 2
DATE: 10/11/05
addition, the analysis below addresses available conditions to mitigate the cost of •
adding new residential development to the project site.
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. Following 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 (CUP Conditions 13 and 14/TTM 10 and 11).
The following conditions of approval are included to mitigate the fiscal impacts of the
project on the City of Atascadero.
Condition CUP 13/TTM 10
• The emergency services and facility maintenance costs listed below shall be 100%
funded by the project in perpetuity. The service and maintenance costs shall be funded
through a community facilities district established by the City at the developer's cost. The
funding mechanism must be in place prior to or concurrently with acceptance of the final
maps. The funding mechanism shall be approved by the City Attorney, City Engineer
and Administrative Services Director prior to acceptance of any final map. The
administration of the above mentioned funds shall be by the City. Developer agrees to
participate in the community facilities district and to take all steps reasonably required by .
the City with regard to the establishment of the district and assessment of the property.
a) All Atascadero Police Department service costs to the project.
b) All Atascadero Fire Department service costs to the project.
c) Off-site common City of Atascadero park facilities maintenance service costs
related to the project.
Condition CUP 14/TTM 11
■ All tract maintenance costs listed below shall be 100% funded by the project in perpetuity.
The service and maintenance cost shall be funded through a Home Owners Association
established by the developer subject to City approval. The Home Owners Association must
be in place prior to, or concurrently with acceptance of any final maps. The Home Owners
Association shall be approved by the City Attorney, City Engineer and Administrative
Services Director prior to acceptance of any Final Map. The administration of the above
mentioned funds, and the coordination and performance of maintenance activities, shall be
the responsibility of the Home Owners Association.
a) All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access
roads, emergency access gates,and sewer mains within the project.
b) All parks,trails, recreational facilities and like facilities.
c) All open space and native tree preservation areas.
d) All drainage facilities and detention basins. . •
e) All creeks,flood plains,floodways, wetlands, and riparian habitat areas.
16
ITEM NUMBER: A- 2
DATE: 10/11/05
f) All common landscaping areas, street trees, medians, parkway planters,
manufactured slopes outside private yards, and other similar facilities.
g) All frontage landscaping and sidewalks along arterial streets.
ATTACHMENTS:
Attachment 1: Draft Ordinance A
Attachment 2: Draft Ordinance B
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17
ITEM NUMBER: A-2
DATE: 10/11/05
ATTACHMENT 1: Draft Ordinance A
Planned Development Zone Change 2005-0098
Approval of Proposed Zoning Map Change
DRAFT ORDINANCE A
DRAFT ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO, CALIFORNIA,
APPROVING ZONE CHANGE 2005-00989 AMENDING THE OFFICIAL
ZONING MAP DESIGNATION OF
APN 030-213-0119 0129 013, 014 FROM CTPD-10 TO RMF-10/PD-10
(5000, 5020, 5060 MARCHANT AVENUE/ KELLY GEARHART)
WHEREAS, an application has been received from Kelly Gearhart (6205 Alcantara
Avenue, Atascadero, CA) Applicant and Property Owner, to consider a project consisting of a
General Plan Amendment, Zone Map Change, and Zone Text Change from CT/PD-10
(Commercial Tourist/Planned Development Overlay - 10) to RMF-10/PD-10(Residential Multi-
Family-10 with Planned Development Overlay #10) with an associated Master Plan of
Development and Tentative Tract Map on a 1.55-acre site located at 5000, 5020, and 5060
Marchant Avenue (APN 030-213-011, 012, 013, 014); and
WHEREAS, the Planning Commission has recommended that the site's General Plan
designation be amended from GC (General Commercial) to MDR (Medium Density
Residential); and,
WHEREAS, the site's current zoning district is CT (Commercial Tourist); and,
WHEREAS, an Initial'Study and Proposed Mitigated Negative Declaration 2005-0042
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
hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendment;
and,
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on September 27, 2005, studied and considered Zone Change 2005-0098, after first studying
and considering the Draft Mitigated Negative Declaration prepared for the project, and,
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ITEM NUMBER: A-2
DATE: 10/11/05
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Findings for Approval of a Zone Chante to the Official Zoning Map as
follows:
5000, 5020, 5060 Marchant Avenue (APN 030-213-011, 012, 013, 014): Zone Map
amendment from CTPD-10 to RMF-IOIPD-10
APN 030-213-009: Zone Map Change from CTPD-10 to RMF-10
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. Proposed plans offer certain redeeming features to compensate for the requested
modification.
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular
session assembled on October 11, 2005, resolved to approve on second reading,by title only, an
ordinance that would rezone the subject site consistent with the following:
EXHIBIT A: Zone Change Map
19
ITEM NUMBER: A-2
DATE: 10/11/05
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:
Wendy Scalise, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Patrick L. Enright, City Attorney
Is
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ITEM NUMBER: A- 2
DATE: 10/11/05
Exhibit A:Zone Change Mair:
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Chevron
Parcel
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y Project site
II
Current:
Zoning: Commercial Tourist/PD-10
Proposed:
Zoning (Project Site): Residential Multi-family -10/PD-10
Zoning (Chevron Parcel): Residential Multi-family -10
21
ITEM NUMBER: A-2
DATE: 10/11/05
Attachment 2:Draft Ordinance B
Zone Change 2005-0102
Approval of Proposed Amended PD-10 Overlay Zone Code Text
DRAFT ORDINANCE B
ORDINANCE OF THE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AMENDING THE ZONING CODE TEXT
OF PLANNED DEVELOPMENT OVERLAY DISTRICT #10
(5000, 5020, 5060 Marchant Avenue/ Kelly Gearhart)
WHEREAS, an application has been received from Kelly Gearhart (6205 Alcantara
Avenue, Atascadero, CA) Applicant and Property Owner, to consider a project consisting of a
General Plan Amendment, Zone Map Change, and Zone Text Change from CTPD-10
(Commercial Tourist/Planned Development Overlay - 10) to RMF-10/PD-10(Residential Multi-
Family-10 with Planned Development Overlay #10) with an associated Master Plan of
Development and Tentative Tract Map on a 1.55-acre site located at 5000, 5020, and 5060
Marchant Avenue (APN 030-213-011, 012, 013, 014); and
WHEREAS, the Planning Commission has recommended that the site's General Plan
designation be amended from GC (General Commercial) to MDR (Medium Density
Residential); and,
WHEREAS, the Planning Commission has recommended that the site's Zoning District
be amended from CT/PD-10 (Commercial Tourist/ Planned Development Overlay Zone #10) to
RMF-10/PD-10 (Residential Multi-family - 10/Planned Development Overlay Zone#10); and,
WHEREAS, the existing Planned Development Overlay Zone amendment is required to
maintain consistency with the recommended General Plan Amendment and Zone Map Change;
and,
WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2005-0042
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 Zoning Code Text to protect the health, safety and welfare of
its citizens by applying orderly development and expanding housing opportunities within 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 Text
Change application was held by the Planning Commission of the City of Atascadero at which
22
ITEM NUMBER: A-2
DATE: 10/11/05
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 Public Hearing
held on September 6, 2005, studied and considered Zone Change 2005-0102, after first studying
and considering the Draft Mitigated Negative Declaration prepared for the project, and,
WHEREAS, the City Council of the City of Atascadero, at a Public Hearing held on
September 27, 2005, studied and considered Zone Change 2005-0102, after first studying and
considering the Draft 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 Text Chance to Planned Development
Overlav Zone#10. 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.
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular
session assembled on October 11, 2005, resolved to approve on second reading, by title only, an
ordinance that would amend the City Zoning code text with the following:
Planned Development Overlay Zone No. 10 is established as shown on the official zoning
maps (Section 9-1.102). The development standards contained within the Master Plan of
Development Document (CUP 2005-0156), as conditioned shall be applied to all future
development within the project area, and as follows:
a. All site development shall require the approval of a Master Plan of Development.
All construction and development shall conform to the approved Master Plan of
Development, as conditioned.
b. The Vesting Tentative Tract Map TTM 2003-0044 and any subsequent
amendments for the site shall be consistent with CUP 2003-0117. All
construction and development shall conform to the approved Master Plan of
Development, as conditioned.
c. No subsequent tentative parcel or tract map shall be approved unless found to
be consistent with the approved Master Plan of Development.
d. The residential dwelling units, landscaping, walls and fencing shall be subject to
review under the City's Appearance Review requirements consistent with the
approved Master Plan of Development.
23
ITEM NUMBER: A -2
DATE: 10/11/05
e. Building setbacks, landscape area, and lot coverage shall be as identified within
the approved Master Plan of Development: 0
f. All landscaping shown on the approved landscape plan will be installed by the
developer and shall be maintained as approved through a homeowners
association or similar maintenance mechanism.
g. All utilities, including electric, telephone and cable,along the frontage of, and
within the PD and along the project frontages shall be installed and/or relocated
underground.
h. An open space and tree preservation easement shall be recorded on the final
map over the existing riparian area.
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.
24
ITEM NUMBER: A-2
DATE: 10/11/05
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:
Wendy Scalise, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Patrick L. Enright, City Attorney
25
ITEM NUMBER: A- 3
DATE: 10/11/05
m
i9is 6 i979
Atascadero City Council
,Staff Report - Community Development Department
West Front Village
Planned Development Zone Code Text 2003-0058,
Zone Change (ZCH 2003-0088)
(Shannon — West Front Properties)
RECOMMENDATIONS:
Council:
1. Adopt on second reading, by title only, Draft Ordinance A approving Zone
Code Text Change 2003-0058 establishing a PD-23 overlay district based
• on findings; and,
2. Adopt on second reading, by title only, Draft Ordinance B approving Zone
Change 2003-0088 based on findings.
DISCUSSION:
The proposed project consists of a General Plan Amendment, Zone Map Change,
establishment of a Planned Development Overlay Zone, with a corresponding Master
Plan of Development (CUP), and a Vesting Tentative Tract Map that would allow a
commercial and residential development on a 13.35-acre site. The project site fronts
both West Front Road and Portola Road and includes 14 single-family residential
homes, 18 multi-family residential duplex units, a 79-unit hotel, 10,000 square feet of
commercial retail/restaurant and gas station/fast food buildings, and 12,700 square feet
of business park buildings. The project includes a future 5-lot single-family residential
subdivision with retention of an existing historic colony home, adobe building,
associated outbuildings, and native oak trees at the rear of the site for an overall project
total of 37 residential units. The project development site contains 18 native oak trees
of which 13 are proposed for removal.
On September 27, 2005, the City Council conducted a public hearing to consider the
establishment of a PD-23 overlay zone and application of the overlay zone change on
• the subject parcels.
27
FISCAL IMPACT:
Fiscal Impact Report
In 2003, the City of Atascadero hired David Taussig and Associates to prepare a fiscal
model to satisfy the General Plan requirement for both the Woodlands (Woodridge) and
Dove Creek projects. The model was developed with comprehensive input for the
Administrative Services, Public Works, Police, and Fire Departments to capture the
actual cost of providing maintenance and emergency services to new development.
The model analyzed the costs associated with road maintenance, storm drainage
maintenance, landscape maintenance, lighting maintenance, open space maintenance,
recreational facility maintenance, police emergency services, fire emergency services
and community park maintenance. The model was further modified so that it could be
used to analyze other development projects.
The model results demonstrated that 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
residential development projects.
Based on the revenue projections from the model, 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 benefit assessment districts (BAD), landscape and lighting districts
(LLD) and community facilities districts (CFD). The BAD will fund the maintenance of
roads and storm drainage facilities. The LLD will fund the maintenance of common
landscape areas, parks, street trees, and street lighting. The CFD will fund police and
fire emergency services personnel. The creation of these assessment districts would
mitigate any negative fiscal impacts of a project consistent with General Plan Policy
15.3.8.
The project is proposing to form both a BADandLLD assessment district for on-site
roads and common landscape areas. The actual cost of these maintenance districts will
be determined based on engineering reports that will need to be prepared. The CFD
will result in an annual property tax levy of $440 per unit to fund additional police and
fire personnel beyond the City's current staffing levels. The City has retained the firm of
Muni Financial to setup the BAD, LLD and CFD that all new projects will be annexed
into. The formation of these districts is scheduled to be complete in the fall of 2004. The
project property will be required to annex into the BAD, LLD and CFD prior to
recordation of the Final Map.
The following conditions of approval were applied to the project to mitigate the fiscal
impacts of the project.
Condition CUP 19/TTM 12
■ The emergency services and facility maintenance costs listed below shall be 100%funded by the
project in perpetuity. The service and maintenance costs shall be funded through a community
28
facilities district established by the City at the developer's cost. The funding mechanism must be
in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall
be approved by the City Attorney, City Engineer, and Administrative Services Director prior to
acceptance of any final map. The administration of the above mentioned funds shall be by the
City. Developer agrees to participate in the community facilities district and to take all steps
reasonably required by the City with regard to the establishment of the district and assessment of
the property.
a) All Atascadero Police Department service costs to the project.
b) All Atascadero Fire Department service costs to the project.
c) Off-site common City of Atascadero park facilities maintenance service costs
related to the project.
Condition CUP 20/TTM 13
■ All tract maintenance costs listed below shall be 100% funded by the project in perpetuity. The
service and maintenance cost shall be funded through either assessment districts or a Home
Owners Association established by the developer and subject to City approval. The district or
association must be in place prior to, or concurrently with acceptance of any final maps. The district
or association shall be approved by the City Attorney, City Engineer, and Administrative Services
Director prior to acceptance of any Final Map.The administration of the above mentioned funds, and
the coordination and performance of maintenance activities as follows, shall be the responsibility of
the district or association.
a) All streets, sidewalks, streetlights, street signs, roads, emergency access roads,
emergency access gates, and sewer mains within the project.
b) All parks, trails, recreational facilities and like facilities.
c) All open space and native tree preservation areas.
d) All drainage facilities and detention basins.
e) All common landscaping areas, street trees, medians, parkway planters,
manufactured slopes outside private yards, and other similar facilities.
f) All frontage landscaping and sidewalks along arterial streets.
The applicant has submitted a preliminary fiscal analysis of the project's potential
revenue sources. The fiscal analysis indicates that the hotel will be the project's
primary source of revenue. The hotel and commercial should provide net positive
revenue to the City, while the residential with funding districts should be revenue neutral
to the City.
29
Projected
West Front Villm ge
Annual Income for City after Compietion
Howl Nojeezed Revenuez
Pra"ed 79 Rouius Annual Projected Revenue-S 173,000
7�?rc)oms.x 60$t't occupaiiev SI 00.W.) Average rwm X I 01il'o T,0-1
Rewil Space Projected Revenues:
10,0K Square Feet Retail Spa =Annual Projected Revenue S 20,000
10'.000 Sri. FT. (- S200-per Sq. FI. @!. 119"0' cite portion
Buvrte.s Park S
,pare 1- ject 'Renues
Annual Projected Revenue.$6.350
12,700�Sq, Ft.@1 X0,00'' Sq.IN,@,',, 11/' City Share
Proper(v T(aav ProjectedRerenuz-v:
Total Propero,Tax Increasc =.Annual ProJected Revenue S 46.348
f 9 Duplex Homes) 35 ,000 each 6,300,000
14(Courty-ardflomes)t $375'.000 each = 5,250,000
42,000 Sq.ft. (HotAL )@ 250 per sq.ft, S 10,50(t,000
5,000 Sq.Ft. (Retai 1) @$3 50 per 1p.ft, =$ 1,750,000
5,000 Sq,ft, (Retail),@41. 450 per sq.fl, S 1,7-50,000
12,700 Sq, Ff, (B-P.)tip) $ 540,13111
Total AssessW Value =$28,090S)OD
S 28,M,000 x1%(P-T.)x 16.5111,&(City Portion)=S 46,348
Totat Annual Projected Revenuefor On, of Atascadeiv =$ 245.708
Applicant's Fiscal Analysis of Project Revenues
ATTACHMENTS:
Attachment 1: Draft Ordinance A
Attachment 2: Draft Ordinance B
30
ATTACHMENT 1: Draft Ordinance A
ZCH 2003-0058
Approval of Proposed PD-23 Overlay Zone Code Text
DRAFT ORDINANCE A
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AMENDING THE ATASCADERO
MUNICIPAL CODE BY APPROVING ZONING CHANGE 2003-0058 TO
ESTABLISH PLANNED DEVELOPMENT OVERLAY DISTRICT #23 FOR
USE IN THE CR (COMMERCIAL RETAIL) AND RMF-10 (RESIDENTIAL
MULTI-FAMILY-10) ZONING DISTRICTS ON
APN 056-131-015, 17, 018, AND 019
(8870 West Front Rd, 8760 Portola Rd)
(Richard Shannon - West Front Properties)
The City Council hereby finds and declares as follows:
WHEREAS, an application has been received from Richard Shannon — West Front
Properties (5070 San Benito Road, Atascadero, CA 93422) Applicant, and Colony Associates
(4100 West Alameda Avenue, Suite 103, Burbank, CA 91505), Property Owner, to consider a
project consisting of: a general plan amendment from GC (General Commercial) to
GC/MDR/SFR-X/HS(General Commercial/Medium Density Residential/Single-Family
Residential-X); a zone change establishing PD-23 (Planned Development #23) zoning text; a
zoning map change placing PD-23 over the project site; a zoning map change from CR
(Commercial Retail) to CR/RMF-10/RSF-X/PD23/HS (Commercial Retail/Residential Multi-
Family-10/Residential Single-Family Residential-X/Planned Development #23/Historic
Overlay); a CUP (Condition Use Permit) placing a Master Plan of Development over the project
site; and a vesting tentative tract map for a 46-lot subdivision on a 13.35-acre site located at 8870
West Front Rd and 8760 Portola Road (APN 056-131-015, 17, 018, and 019); and,
WHEREAS, Article 28 of the Atascadero Municipal Code allows for the creation of
Planned Development Overlay Zones to promote orderly and harmonious development and to
enhance the opportunity to best utilize special site characteristics; and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2005-0165 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 Zoning Code Text to protect the health, safety and welfare of
its citizens by applying orderly development and expanding housing opportunities within the
City; and,
31
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 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 zoning amendments;
and,
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on September 6, 2005, studied and considered Zone Change 2003-0058, after first studying
and considering the Draft 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 September 27, 2005, studied and considered Zone Change 2003-0058, after first studying
and considering the Draft 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 Text Change Creating a PD-23
Planned Development Overlay District. 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.
SECTION 2. Approval. The City Council of the City of Atascadero; in a regular
session assembled on October 11, 2005, resolved to approve on second reading by title only, an
ordinance that would amend the City Zoning code text with the following:
9-3.668 Establishment of Planned Development Overlay Zone No. 23: (PD23).
Planned Development Overlay Zone No. 23 is established as shown on the Official Zoning Maps
(Section 9-1.102). A Planned Development Overlay Zone No. 23 is established on parcels APN
056-131-015, 017, 018, and 019 with a combined gross acreage of 13.35-acres.The maximum
residential density within the planned development shall not exceed the following: 14 single-family
courtyard homes, 18 multi-family duplex units (as shown on the Master Plan of Development).
The development standards contained within the Master Plan of Development Document (CUP
2003-0108), as conditioned shall be applied to all future development within the project area, and
as follows:
(a)The Master Plan of Development (CUP 2003-0108)for the site shall be approved. All
construction and development shall conform to the approved Master Plan of Development, as
conditioned.
32
(b) No subsequent tentative parcel or tract map shall be approved unless found to be consistent
with the approved Master Plan of Development.
(c) Each dwelling unit, landscaping, walls, and fencing shall be subject to review under the City's
Appearance Review requirements consistent with the approved Master Plan of Development.
(d) Building setbacks, lot sizes, landscape area, and lot coverage shall be as identified within the
approved Master Plan of Development and as conditioned.
(e) All mechanical equipment, including HVAC units and utility meters, shall be screened from
view from adjacent streets and properties.
(f) Parking for two resident vehicles shall be provided in a garage with minimum interior
dimensions of twenty(20) feet by twenty (20) feet. A minimum of one guest parking space of at
least nine (9)feet by twenty (20) feet [nine (9) feet by twenty-two (22) feet when parallel]. The
courtyard homes shall provide parking based on Multi-family development standards set forth in
the Atascadero Municipal Code. On-street parking shall not be used to satisfy the parking
requirements.
(g) Parking for the commercial and hotel use areas shall total the combined required parking
spaces shared amongst each use, as identified in the Master Plan of Development.
(h) All landscaping shown on the approved landscape plan will be installed by the developer and
shall be permanently maintained as approved.
(i) Individual trash collection shall be used for each residential unit. Provisions shall be made for
storage of trashcans within the garage or fenced area.
(j) Trash for the commercial uses shall be stored within the designated receptacle area and shall
include recyclable waste.
(k)All utilities, including electric, telephone and cable, along the frontage of and within the PD
shall be installed underground.
(1) Alterations, additions, or conversions to established dwelling units and/or commercial buildings
shall be subject to the density and site development standards of the underlying zone and shall
be reviewed pursuant to the City's Appearance Review Guidelines.
(m) All trees shown to be protected on the approved Master Plan of Development shall be
maintained. Native trees within the 3.99-acre SFR-X parcel APN 056-131-015 shall be preserved
unless deemed hazardous and unsafe by a certified arborist. Any other future tree removal shall
require approval per the requirements set forth in the Atascadero native Tree Ordinance.
(o) Allowed uses for the commercial portion of the project fronting West Front shall be as
prescribed as follows:
Allowable Uses
1. Building materials and hardware (see Section 9-6.165);
2. Food and beverage retail sales;
3. Furniture, home furnishings and equipment;
4. General merchandise stores;
5. Mail order and vending;
6. Temporary or seasonal sales (see Section 9-6.174);
7. Financial services;
S. Health care services;
9. Personal services;
33
10. Light repair services;
11. Eating and drinking places;
12. Horticultural specialties (see Section 9-6.116);
13. Business support services, where all areas of use are located within a building;
14. Hotels and motels;
15. Schools (see Section 9-6.125);
16. Temporary events (see Section 9-6.177);
Conditional uses.
1. Amusement services;
2. Bar/tavern;
3. Eating and drinking places with drive-through facilities;
4. Service station (see Section 9-6.164);
5. Public assembly and entertainment;
6. Indoor recreation services;
7. Animal hospitals (see Section 9-6.110);
8. Food and kindred products (see Section 9-6.128);
9. Indoor auto dealers (new and used) and supplies (see Section 9-6.163). (Ord. 473 §2
(part), 2005: Ord. 364 §2 (part), Exh. B (part), 1999: Ord. 310 § 3, Exh. B (part), 1996:
Ord. 68 § 9-3.223, 1983)
(p) Allowed uses for the business park portion of the project behind the hotel shall be as
prescribed as follows:
Allowable uses:
1. Broadcast studios;
2. Building materials and hardware (see Section 9-6.165);
3. Furniture, home furnishings and equipment;
4. General merchandise stores;
5. Mail order and vending;
6. Temporary or seasonal sales (see Section 9-6.174);
7. Financial services;
8. Health care services;
9. Offices;
10. Small scale manufacturing;
11. Temporary offices (see Section 9-6.176);
12. Personal services;
13. Light repair services;
14. Accessory storage (see Section 9-6.103);
15. Membership organizations;
16. Horticultural specialties (see Section 9-6.116);
17. Business support services, where all areas of use are located within a building;
18. Social and service organizations;
19. Libraries and museums; and
20. Temporary events (see Section 9-6.177).
Conditionally allowable uses:
(a) Indoor Auto dealers (new and used) and supplies (see Section 9-6.163).
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;
34
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:
Wendy Scalise, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Patrick L. Enright, City Attorney
35
ATTACHMENT 2: Draft Ordinance B
Planned Development Zone Change 2003-0088
Approval of Proposed Zoning Map Change
DRAFT ORDINANCE B
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, APPROVING ZONE CHANGE 2003-0088,
AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF APN 056-
131-015, 17, 018, AND 019 FROM CR (COMMERCIAL RETAIL) TO
CR/RMF-10/RSF-X/PD23/HS (COMMERCIAL RETAIL/RESIDENTIAL
MULTI-FAMILY-10/SINGLE FAMILY RESIDENTIAL-X/PLANNED
DEVELOPMENT #23/11ISTORIC SITE OVERLAY)
(8870 West Front Rd, 8760 Portola Rd.)
(Richard Shannon West Front Properties)
The City Council hereby finds and declares as follows:
WHEREAS, an application has been received from Richard Shannon — West Front
Properties (5070 San Benito Road, Atascadero, CA 93422) Applicant, and Colony Associates
(4100 West Alameda Avenue, Suite 103, Burbank, CA 91505), Property Owner, to consider a
project consisting of: a general plan amendment from GC (General Commercial) to
GC/MDR/SFR-X/HS(General Commercial/Medium Density Residential/Single-Family
Residential-X); a zone change establishing PD-23 (Planned Development #23) zoning text; a
zoning map change placing PD-23 over the project site; a zoning map change from CR
(Commercial Retail) to CR/RMF-10/RSF-X/PD23/HS (Commercial Retail/Residential Multi-
Family-10/Residential Single-Family Residential-X/Planned Development #23/Historic
Overlay); a CUP (Condition Use Permit) placing a Master Plan of Development over the project
site;and a vesting tentative tract map for a 46-lot subdivision on a 13.35-acre site located at 8870
West Front Rd and 8760 Portola Road (APN 056-131-015, 17, 018, and 019); and,
WHEREAS, the Planning Commission has recommended that the site's current General
Plan Land Use Designation be changed from GC (General Commercial) to GC/MDR/SFR-X
(General Commercial/Medium Density Residential/Single-Family Residential-X); and,
WHEREAS, the site's current zoning district is CR (Commercial Retail); and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2005-0165 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, CEQA review determined that a portion of the project area (APN 056-131-
015) contains a historic resource of local significance, requiring that a Historic Overlay zone
designation be placed over the subject parcel as mitigation to reduce potential impacts to less
than significant; and,
36
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 September 6, 2005, studied and considered Zone Change 2003-0088,
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 September 27, 2005, studied and considered Zone Change 2003-0088, after first studying
and considering the Draft 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 Zonin¢Map of
Ataseadero Changing the existing site zoning to CR/RMF-10/PD23RSF-X/HS. 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. Proposed plans offer certain redeeming features to compensate for the requested
modification.
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular
session assembled on October 11, 2005, resolved to approve on second reading by title only, an
ordinance that would rezone the subject site consistent with the following:
1. Exhibit A: Zone Change Map
2. Exhibit B: Zone Change Map: Project Site
37
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:
Wendy Scalise,Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Patrick L. Enright, City Attorney
38
Exhibit A: Zone Change Map
f
Area of conversion ;' f•
from Commercial
Retail to Multi-Family i
Residential-
1 O/Planned
esidential10/Planned 'y' - � Area to retain Commercial Retail
Development#23 and add a Planned Development
t (4.43 Acres) ,, #23(4.93 Acres) (/
f��, y 7
Area of conversion . �
from Commercial
Retail to Residential
Single-Family-X/
Historic Overlay(3.99
Acres)
IIN
Existing Designations:
• General Plan - General Commercial
■ Zoning - Commercial Retail
Proposed Designations:
• General Plan - General Commercial/Medium Density
Residential/Single Family Residential- X
■ Zoning - Commercial Retail/Residential Multi-family-10,
Residential Single Family—X/PD-23/Historic Site Overlay
39
Exhibit B: Zone Change Map: Project Site
- Commercial Retail/PD-23
WEST FROM ROAD $�J!tomNon_
/--
PB,Typ. _.. Overlay
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Overlay 1z,�oo st.
.."...._......_..... _....
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FROWN
RSF-X/HS:
Existing Designations: Residential Single-
General Plan - General Commercial Family-X/Historic Site
• Zoning - Commercial Retail I Overlay
Proposed Designations:
■ General Plan - General Commercial/Medium Density
Residential/Single Family Residential - X
■ Zoning - Commercial Retail/Residential Multi-family-10,
Residential Single Family—X/PD-23/Historic Overlay
40
ITEM NUMBER: A-4
DATE: 10/11/05
Atascadero City Council
Staff Report Fire Department
Purchase of Fire Department Utility Vehicle
RECOMMENDATION:
Council authorize the purchase of a budgeted command/utility vehicle from Rancho
Motors Co. in the amount of $35,921.77.
DISCUSSION:
Staff is proceeding to purchase a fire command/utility vehicle as described in the City's
• budget. The new vehicle will be used in incident command and fire suppression. It will
replace the 1991 Fire Department command vehicle.
After reviewing a DGS list of vendors, staff found no approved State Bidders. Staff
advertised and accepted sealed bids for 30 days. The city did not receive any sealed
bids. Staff then solicited informal bids and received two bids. The lowest bid, which
included all emergency warning equipment, was Rancho Motors Company.
FISCAL IMPACT:
$35,921.77 for the command vehicle. Price includes tax, shipping, emergency warning
equipment and delivery. The funds are budgeted in FY 05/06 Vehicle Replacement
Fund.
ALTERNATIVES:
Not to purchase the fire command vehicle, go out to formal bid again or buy an inferior
vehicle from state bid.
i
41
ITEM NUMBER: A-5
DATE: 10/11/05
K
i101$ , 1978
Atascadero City Council
Staff Report - Public Works Department
Road Acceptance
Via Tortuga and Calle Refugio
RECOMMENDATION:
Council accept Via Tortuga and Calle Refugio into the City-maintained road system.
DISCUSSION:
Via Tortuga and Calle Refugio serve a 23 lot residential subdivision, between
• Atascadero Avenue and Coromar Road (Tract 1753).
Council conditionally agreed to accept these roads into the City-maintained road system
at the City Council meeting of February 22, 2005, if specific repairs and sealing were
completed. Public Works staff has inspected the roads and has determined that the
work was completed as directed and the roads are to City Standard.
FISCAL IMPACT:
City staff will be responsible for maintaining roads.
ATTACHMENT:
1. Resolution
43
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, ACCEPTING
VIA TORTUGA AND CALLE REFUGIOINTO THE CITY
MAINTAINED ROAD SYSTEM
WHEREAS, Tortuga and Calle Refugio was constructed as part of Tract 1753;
and
WHEREAS, on February 22, 2005, City Council conditionally approved the
acceptance of Via Tortuga and Calle Refugio into the city maintained road system
subsequent to completion of minor repairs and sealing as specified by the City
Engineering Department; and
WHEREAS, City Engineering Department staff have inspected the roads and
have determined that the required repairs have been completed.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Atascadero that Via Tortuga and Calle Refugio are hereby accepted into the City
Maintained System.
On motion by Councilmember and seconded by •
Councilmember the Resolution is hereby adopted in its entirety on the
following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
Marcia McClure Torgerson, C..M.C., Wendy Scalise,Mayor
City Clerk
APPROVED AS TO FORM:
Patrick L. Enright
City Attorney
44
ITEM NUMBER: B - 1
DATE: 10/11/05
0
A tascadero City Council
Staff Report Community Services
Parks and Recreation Commission Request
to Hold Public Workshops on the Potential Future Uses
of Stadium Park
RECOMMENDATION:
Council provide direction to the Parks and Recreation Commission regarding their
request to hold public workshops on the potential future uses of Stadium Park.
• DISCUSSION:
Background:
The adopted two year budget does not include an appropriation to develop a Master
Plan for Stadium Park at Pine Mountain. The Parks and Recreation Commission
believes that there is not an adequate future vision, operating pian, or use policies to
govern this important public park. At the Parks and Recreation Commission meeting of
July 21 , 2005, the Commission discussed the need for a Master Plan for Stadium Park.
Since there is a two year budget already in place, the development of a master plan is
likely three years away, at best.
In the meantime, community groups and the general public are interested in being able
to use Stadium Park for events. The interim use policies (Attachment "A") that were
developed in 1997, and amended and approved by the Council in 2000, were deemed
to be "short term" use policies. These policies do not give direction regarding the size of
events that can be held for public assembly, use fees, or other pertinent issues. The
adequacy of the 10 foot easement (access road) into Stadium Park is still an unresolved
issue at this date, and is a limiting factor in allowing public assembly for some special
events.
The Commission believes it is time to revisit the "short term" interim use policies and
engage the public in developing a vision for the future use of Stadium Park. The
• Commission believes that gathering input from the public now will hasten the
development of a much needed vision. This will provide valuable information for the
eventual development of a master plan for Stadium Park.
45
If the City Council concurs with the Commission, the Commission will hold a series of
public workshops to develop a mission statement and gather community input on the
future public use of Stadium Park.
FISCAL IMPACT:
An undetermined amount of staff time to support the Commission workshops.
ATTACHMENTS:
1. Stadium Park Short Term Use Policies (adopted in 2000)
2. Portion of the minutes from the Council meeting of April 25th, 2000
•
46
CITY OF ATASCADERO
Stadium Park Short-Term Public Use Rules and Policies
(April 2000)
1. Stadium Park is available for unrestricted hiking. All other public gatherings must be
approved by the Director of Community Services prior to the event. All public
gatherings, regardless of size, are required to conform to these established rules and
policies.
Note: All public use may be restricted during fire season.
2. No smoking or open flames are allowed within the Stadium Park boundaries,
3. Public Assembly Events are permitted on approval of the City Manager, provide the
following conditions are met:
The Event Holder submits the followingleans prior to approval
a. Parking and transportation plans
b. Fire safety plan developed in cooperation with the Fire Department
C. ADA/ Handicapped accessibility plans
d. Security plans/APD notification plan
The Following Rules will apply to all approved Public Assemblv Events
a. All events restricted to daylight hours, including set-up and clean-up
b. Picnic style seating on the ground with blankets and folding chairs only
C. Trash disposal required by the event holder.
d. Vehicles are allowed in Stadium Park for deliveries only.
e. Hazardous weather conditions may restrict use of Stadium Park for public assembly
events.
f. A $100.00 refundable Security Deposit must be paid at least 20 working days in
advance of the proposed event.
g. Portable restrooms are required for all public assembly events and must be
removed on the same day of the event.
4. Park users are responsible for trash removal at the end of each event or visit.
5. The Community Services Department will be responsible to complete annual weed
abatement in accordance with City regulations and in cooperation with the Atascadero
Native Tree Association for the purpose of identifying and protecting seedlings and other
flora as necessary. Pink tubes used for the purpose of protecting oak seedlings shou not
be disturbed.
6. Only authorized and emergency vehicles are allowed in Stadium Park.
7. PARK USERS SHOULD BE AWARE THAT STADIUM PARK IS AN
UNIMPROVED FACILITY, WITHOUT ANY TYPICAL PARK AMENITIES—NO
RESTROOMS NO WATER, NO TABLES, NO PAVED ACCESS. NO TELEPHONE.
However, THERE IS AN ABUNDANCE OF POISON OAK, SO PLEASE BE
CAREFUL! 47
2. Revisions to the Stadium Park Short-Term Rules and Public Use Policies
■ Fiscal Impact: None. The costs would have to be covered by the organizations that
with to use Stadium Park.
■ Staff recommendation: Council adopt draft Resolution, approving the proposed
changes to the Short-Term Park Rules and Public Use Policies originally adopted
with Resolution No. 92-97. [Community Services]
Assistant City Manager Brady Cherry provided the staff report and answered questions of the
Council.
PUBLIC COMMENT
Barbie Butz, 3370 San Fernando Road,Parks and Recreation Commission Chairman, stated that
the Commission supports having a City-sponsored event for the purpose of identifying potential
problems so they could be solved before other agencies hold events.
Eric Greening, 6600 Lewis Ave., stated he supports the use of Stadium Park for community
events. He also said he agreed with Mrs. Butz on having a City-sponsored event first to help
identify potential problems.
Council Member Clay asked if there could be a designated smoking area.
Mayor Pro Tem Arrambide suggested a sign be posted.
Mayor Johnson stated that he would like to see Mike McCain have a part in the decision making.
Barbie Butz, 3370 San Fernando Road, suggested that the Community Band have a concert as a
trial event.
Eric Greening, 6600 Lewis Ave., stated that it would be wise to see first what would work best
before making plans.
Mayor Johnson closed the Public Comment period.
MOTION: By Council Member Luna and seconded by Mayor Pro Tem
Arrambide to adopt draft Resolution, approving the proposed
changes to the Short-Term Park Rules and Public Use Policies with
the following amendment:
Changing "g" under Policy 3 to read "Portable restrooms are
required for all public assembly events and must be removed as soon
as possible or next business day."
Motion passed 5:0 by a roll-call vote.
3. Request Atascadero State Hospital Consider Leasing Property—for the potential
development of a public park.
■ Fiscal Impact: None at this time.
■ Staff recommendation: Council authorize the Mayor to send correspondence to the
Atascadero State Hospital,formally requesting consideration of a lease agreement
for approximately six acres of State property for use as a public park. [Community
Services]
CC 04/25/00
48 Page6
ITEM NUMBER: B -2
DATE: 10/11/05
R
Atascadero City Council
Staff Report — City Manager's Office
County Library Discussion
RECOMMENDATION:
Council discuss request from County Library and provide direction to staff.
DISCUSSION:
Brian Reynolds the County Library Director sent the attached letter to the City Council
. regarding the County Library. Mr. Reynolds describes the work that has been done in
pursuit of a new and or expanded facility in Atascadero. In the letter Mr. Reynolds
requests the Council to discuss the following issues.
• How soon should a new public library be built in Atascadero?
• Where should this new library be located?
• How will the building and operating costs be handled?
According to the letter, Mr. Reynolds is looking for impressions and ideas from the
Atascadero community. Mr. Reynolds indicated to City staff that he would be willing to
participate in public forums to gain public input on these issues. He is looking to the
City to encourage participation and perhaps cosponsor such a forum.
The City has participated in the library expansion/relocation by donating funding and
including the library in the City's capital fee program. The City collects funds from each
new development project for library expansion. The City has not been involved in
library operations or the expansion plans.
FISCAL IMPACT:
None.
ATTACHMENTS:
1. Letter from Brian Reynolds, County Library Director.
49
September 27, 2005
To: Honorable City Council, City of Atascadero
From: Brian A. Reynolds,Library Director
Subject: New Atascadero Library Building
Background
The current Atascadero/Martin Polin Branch Library is too small to adequately serve the
public. Today, this Library should be at least twice as large as it is. Using our normal
procedures for estimating the size of branch libraries for a twenty-year window, this
particular Library should be about three times its current size.
While we still face the traditional funding barriers to creating a new Library---needing
money for building and operating the new facility—there is renewed interest in having a
larger library, probably in a location closer to downtown. For example, in the last couple
of years I have been approached by Dr. Jim Harrison to consider a site in the new Colony
Square development, and also by Atascadero Unified School District officials to consider
sharing property with a new performing arts/teacher education center.
A Proposal •
Several months ago I convened an ad hoc committee to analyze potential sites for
building a new, larger Atascadero Library. The committee's report is attached to this
cover letter.
I respectfully ask that your Council consider three questions:
• How soon should a new public library be built in Atascadero?
• Where should this new library be located?
• How will the building and operating costs be handled?
It seems to me that residents of Atascadero will have good answers to these questions
and I ask that your Honorable Council implement a way to approach the community in
order to get these answers. A couple of ways might include a community meeting and/or
a community survey of some sort.
I look forward to discussing these issues with you during one of your Council meetings.
Thank you.
50