HomeMy WebLinkAboutCC_2015-11-10_Agenda Packet
CITY OF ATASCADERO
CITY COUNCIL
AGENDA
Tuesday, November 10, 2015
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
(Entrance on Lewis Ave.)
CITY COUNCIL CLOSED SESSION: 5:00 P.M.
1. CLOSED SESSION -- PUBLIC COMMENT
2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION
3. CLOSED SESSION -- CALL TO ORDER
a. Conference with Labor Negotiators (Govt. Code Sec. 54957.6)
Agency designated representatives: Rachelle Rickard, City Manager
Employee Organizations: Atascadero Firefighters Bargaining Unit
4. CLOSED SESSION – ADJOURNMENT
5. COUNCIL RETURNS TO CHAMBERS
6. CLOSED SESSION – REPORT
City Council Closed Session: 5:00 P.M.
City Council Regular Session: 6:00 P.M.
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: Council Member Kelley
ROLL CALL: Mayor O’Malley
Mayor Pro Tem Moreno
Council Member Fonzi
Council Member Kelley
Council Member Sturtevant
APPROVAL OF AGENDA: Roll Call
PRESENTATIONS:
1. Open House/Neighborhood Meeting Update by El Camino Homeless
Organization (ECHO)
A. CONSENT CALENDAR: (All items on the consent calendar are considered to
be routine and non-controversial by City staff and will be approved by one motion
if no member of the Council or public wishes to comment or ask questions. If
comment or discussion is desired by anyone, the item will be removed from the
consent calendar and will be considered in the listed sequence with an
opportunity for any member of the public t o address the Council concerning the
item before action is taken. DRAFT MINUTES: Council meeting draft minutes
are listed on the Consent Calendar for approval of the minutes. Should anyone
wish to request an amendment to draft minutes, the item will be removed from
the Consent Calendar and their suggestion will be considered by the City
Council. If anyone desires to express their opinion concerning issues included in
draft minutes, they should share their opinion during the Community Forum
portion of the meeting.)
1. City Council Draft Action Minutes – October 27, 2015
Recommendation: Council approve the City Council Draft Action Minutes
of the October 27, 2015 City Council meeting. [City Clerk]
UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on
any current issues of concern to the City Council.)
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 th e Council has
jurisdiction. Speakers are limited to three minutes. Please state your name for the
record before making your presentation. Comments made during Community Forum
will not be a subject of discussion. A maximum of 30 minutes will be allowed for
Community Forum, unless changed by the Council. Any members of the public who
have questions or need information, may contact the City Clerk’s Office, between the
hours of 8:30 a.m. and 5:00 p.m. at 470-3400, or mtorgerson@atascadero.org.)
B. PUBLIC HEARINGS:
1. Proposed Amendments to Title 3, Chapter 16 of the Atascadero Municipal
Code Regarding ATBID Membership Requirements, Nomination Process,
and Length of Terms
Fiscal Impact: None.
Recommendation: Council introduce, for first reading by title only, the
Draft Ordinance amending Title 3, Chapter 16 of the Atascadero Municipal
Code regarding ATBID membership requirements, nomination process,
and length of terms. [City Manager]
C. MANAGEMENT REPORTS:
1. Pending General Plan Amendment - Request for Authorization to Process
PLN 2015-1570 - Solano Road General Plan Amendment -
(Hochhauser/Giessenger)
Fiscal Impact: If the project is approved for processing, it should be
required to be fiscally neutral so the added residential units fund their own
on-site improvements and maintenance, as well as their fair share of off -
site improvements and impacts to City emergency services.
Recommendation: Council give Staff feedback and direct Staff to
provide further analysis of commercial vacancies within the City and a
potential new or revised policy on mid-block development. [Community
Development]
2. Pending Zoning Text Amendment - Request for Authorization to Process
PLN 2015-1571 - Office Uses in the Downtown Commercial Zone
Fiscal Impact: If the project is authorized for processing, it will ultimately
result in encouraging office uses to relocate to preferred office locations
outside of the downtown core, supporting redevelopment of the downtown
core to tax generating uses.
Recommendation: Council give Staff feedback, and direct Staff to return
with suggested Code revisions following outreach with the Chamber of
Commerce. [Community Development]
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 Cou ncil may
take action on items listed on the Agenda.)
D. COMMITTEE REPORTS: (The following represent standing committees.
Informative status reports will be given, as felt necessary):
Mayor O’Malley
1. City / Schools Committee
2. County Mayors Round Table
3. Integrated Waste Management Authority (IWMA)
4. SLO Council of Governments (SLOCOG)
5. SLO Regional Transit Authority (RTA)
Mayor Pro Tem Moreno
1. California Joint Powers Insurance Authority (CJPIA) Board
2. City of Atascadero Finance Committee (Chair)
3. Economic Vitality Corporation, Board of Directors (EVC)
Council Member Fonzi
1. Air Pollution Control District
2. Oversight Board for Successor Agency to the Community Redevelopment
Agency of Atascadero
3. SLO Local Agency Formation Commission (LAFCo)
4. City of Atascadero Design Review Committee
5. SLO County Water Resources Advisory Committee (WRAC)
6. Water Issues Liaison
Council Member Kelley
1. Atascadero State Hospital Advisory Committee
2. City of Atascadero Design Review Committee
3. Homeless Services Oversight Council
4. City of Atascadero Finance Committee
Council Member Sturtevant
1. City / Schools Committee
2. League of California Cities – Council Liaison
E. INDIVIDUAL DETERMINATION AND / OR ACTION:
1. City Council
2. City Clerk
3. City Treasurer
4. City Attorney
5. City Manager
F. ADJOURN
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, Lori M. Kudzma, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that
the foregoing agenda for the November 10, 2015 Regular Session of the Atascadero City Council was
posted on November 4, 2015, at the Atascadero City Hall, 6500 Palma Avenue, Atascadero, CA 93422
and was available for public review in the Customer Service Center at that location.
Signed this 4th day of November, 2015, at Atascadero, California.
Lori M. Kudzma, Deputy City Clerk
City of Atascadero
City of Atascadero
WELCOME TO THE ATASCADERO CITY COUNCIL MEETING
The City Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p.m. Council
meetings will be held at the City Hall Council Chambers, 6500 Palma Avenue, Atascadero. Matters are considered by the
Council in the order of the printed Agenda. Regular Council meetings are televised live, audio recorded and videotaped
for future playback. Charter Communication customers may view the meetings on Charter Cable Channel 20 or via the
City’s website at www.atascadero.org. Meetings are also broadcast on radio station KPRL AM 1230. Contact the City
Clerk for more information (470-3400).
Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file
in the office of the City Clerk and are available for public inspection during City Hall business hours at the Front Counter of
City Hall, 6500 Palma Avenue, Atascadero, and on our website, www.atascadero.org. 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)
470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in
assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, “COMMUNITY FORUM”, the Mayor will call for anyone from the audience having business with the
Council to approach the lectern and be recognized.
1. Give your name for the record (not required)
2. State the nature of your business.
3. All comments are limited to 3 minutes.
4. All comments should be made to the Mayor and Council.
5. No person shall be permitted to m ake slanderous, profane or negative personal remarks concerning any other
individual, absent or present
This is the time items not on the Agenda may be brought to the Council’s attention. A maximum of 30 minutes will be
allowed for Community Forum (unless changed by the Council). If you wish to use a computer presentation to support
your comments, you must notify the City Clerk's office at least 24 hours prior to the meeting. Digital presentations must
be brought to the meeting on a USB drive or CD. You are required to submit to the City Clerk a printed copy of your
presentation for the record. Please check in with the City Clerk before the meeting begins to announce your presence
and turn in the printed copy.
TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code)
Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their
report, and the Council will ask questions of staff. The Mayor will announce when the publ ic comment period is open and
will request anyone interested to address the Council regarding the matter being considered to step up to the lectern. If
you wish to speak for, against or comment in any way:
1. You must approach the lectern and be recognized by the Mayor
2. Give your name (not required)
3. Make your statement
4. All comments should be made to the Mayor and Council
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other
individual, absent or present
6. All comments limited to 3 minutes
The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be
heard by the Council.
ITEM NUMBER: A-1
DATE: 11/10/15
Atascadero City Council
October 27, 2015
Page 1 of 6
CITY OF ATASCADERO
CITY COUNCIL
DRAFT MINUTES
Tuesday, October 27, 2015
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
CITY COUNCIL CLOSED SESSION: 5:00 P.M.
Mayor O’Malley announced at 5:00 p.m. that the Council is going into Closed Session.
1. CLOSED SESSION -- PUBLIC COMMENT - None
2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION
3. CLOSED SESSION -- CALL TO ORDER
a. Conference with Labor Negotiators (Govt. Code Sec. 54957.6)
Agency designated representatives: Rachelle Rickard, City Manager
Employee Organizations: Atascadero Firefighters Bargaining Unit
4. CLOSED SESSION – ADJOURNMENT
5. COUNCIL RETURNS TO CHAMBERS
City Council Closed Session: 5:00 P.M.
City Council Regular Session: 6:00 P.M.
ITEM NUMBER: A-1
DATE: 11/10/15
Atascadero City Council
October 27, 2015
Page 2 of 6
6. CLOSED SESSION – REPORT
The City Attorney reported that the Council will be approving on their Consent Calendar
four out of five agreements with the City’s employee bargaining units. On October 21,
2015 the City received a notice from the Firefighters Union initiating the impasse
procedures as set forth in the City’s Rules and Procedures . The City intends to
continue to follow the City’s Rules and Procedures in good faith.
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
Mayor O’Malley called the meeting to order at 6:05 p.m. and Council Member Fonzi led
the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Kelley, Fonzi, Sturtevant, Mayor Pro Tem
Moreno, and Mayor O’Malley
Absent: None
Others Present: City Clerk / Deputy City Manager Marcia McClure Torgerson
Staff Present: City Manager Rachelle Rickard, Administrative Services Director
Jeri Rangel, Community Development Director Phil Dunsmore,
Public Works Director Nick DeBar, Police Chief Jerel Haley, Fire
Chief Kurt Stone, and City Attorney Brian Pierik.
APPROVAL OF AGENDA:
MOTION: By Council Member Sturtevant and seconded by Council
Member Kelley to approve the agenda.
Motion passed 5:0 by a roll-call vote.
PRESENTATIONS:
1. Presentation by Estrella Warbirds and Receipt of Proclamation
Dr. Mike Levine accepted the Proclamation on behalf of the Museum and gave a brief
explanation of what they provide to the public, and why they are a great asset to our
County.
ITEM NUMBER: A-1
DATE: 11/10/15
Atascadero City Council
October 27, 2015
Page 3 of 6
2. Proclamation Recognizing the Heroic Actions of Atascadero Resident Boyd
Tarwater
Mr. Tarwater accepted the Proclamation and thanked the City Council for this
recognition.
3. Proclamation presented to RISE Recognizing October as Domestic
Violence Awareness Month
Jennifer Adams, RISE Executive Director, and Board Member Charles Bourbeau
accepted the proclamation.
4. Civil Discourse Presentation by League of Women Voters and Receipt of
Proclamation
League President Marguerite Bader and 1 st Vice President Sharon Kimball accepted the
Proclamation and gave a presentation on Civil Discourse.
A. CONSENT CALENDAR:
1. City Council Draft Action Minutes – September 25, 2015
Recommendation: Council approve the City Council Draft Action Minutes
of the September 25, 2015 Special City Council meeting. [City Clerk]
2. City Council Draft Action Minutes – October 13, 2015
Recommendation: Council approve the City Council Draft Action Minutes
of the October 13, 2015 City Council meeting. [City Clerk]
3. September 2015 Accounts Payable and Payroll
Fiscal Impact: $2,435,384.60
Recommendation: Council approve certified accounts payable, payroll
and payroll vendor checks for September 2015. [Administrative Services]
4. Adoption of Local Hazard Mitigation Plan
Fiscal Impact: There are no negative fiscal impacts associated with this
action. The Hazard Mitigation Plan is a prerequisite to receiving certain
disaster reimbursement funding.
Recommendation: Council adopt the Draft Resolution approving the 2015
Update of the Local Hazard Mitigation Plan. [Fire]
ITEM NUMBER: A-1
DATE: 11/10/15
Atascadero City Council
October 27, 2015
Page 4 of 6
5. Side Letters of Agreement for the Atascadero Police Officers
Association, Mid-Management/Professional Employees Association,
Service Employees International Union Local 620, and Resolution for
Non-Represented Professional and Management Workers and
Confidential Employees
Fiscal Impact: Changes to the MOUs for APOA, SEIU, MMPEA and the
Resolution for Non-Represented Employees will result in costs of
approximately $211,000 annually. In addition, the changes will result in
the one-time increase of $17,000 to the leave liability. These costs are
included in the 2015-2016 Budget.
Recommendations: Council:
1. Approve the Side Letters of Agreement for the Atascadero Police
Officers Association, Mid-Management/Professional Employees
Association, Service Employees International Union Local 620; and,
2. Adopt the Draft Resolution for Non-Represented Professional and
Management Workers and Confidential Employees; and,
3. Approve the Salary Schedule for Fiscal Year 2015 -2016. [City
Manager]
MOTION: By Council Member Fonzi and seconded by Mayor Pro Tem
Moreno to approve the Consent Calendar.
Motion passed 5:0 by a roll-call vote. (#A-4: Resolution No.
2015-077, #A-5: Resolution No. 2015-078)
UPDATES FROM THE CITY MANAGER:
City Manager Rachelle Rickard, Public Works Director Nick DeBar, and Police Chief
Jerel Haley gave updates on projects and issues within the City.
COMMUNITY FORUM:
The following citizens spoke during Community Forum: Steve Shively, and Nancy Hair.
Mayor O’Malley closed the COMMUNITY FORUM period.
B. PUBLIC HEARINGS: None
ITEM NUMBER: A-1
DATE: 11/10/15
Atascadero City Council
October 27, 2015
Page 5 of 6
C. MANAGEMENT REPORTS:
1. Charles Paddock Zoo – Monument Signage
Fiscal Impact: There will be a small fiscal impact for completion of the
proposed the monument sign. City staff time will be utilized for building
permit review, inspections, and installation of the proposed signage. The
City will incur no costs for drafting of preliminary design schematic,
construction documents, and construction of the sign.
Recommendation: The Parks and Recreation Commission recommends
Council adopt Draft Resolution approving the proposed monument entry
sign at the Charles Paddock Zoo. [Community Development]
Community Development Assistant Planner Alfredo Castillo gave the staff report and
answered questions from the Council.
PUBLIC COMMENT:
The following citizens spoke on this item: Zoo Director Alan Baker
Mayor O’Malley closed the Public Comment period.
MOTION: By Council Member Kelley and seconded by Council Member
Fonzi to adopt the Draft Resolution approving the proposed
monument entry sign at the Charles Paddock Zoo.
Motion passed 5:0 by a roll-call vote. (Resolution No. 2015-
079)
Mayor O’Malley recessed the meeting at 7:42 p.m.
Mayor O’Malley reconvened the meeting at 7:49 p.m.
COUNCIL ANNOUNCEMENTS AND REPORTS:
The City Council Members made brief announcements.
D. COMMITTEE REPORTS:
The following Council Members gave brief update reports on their committees since
their last Council meeting:
Mayor Pro Tem Moreno
1. Economic Vitality Corporation, Board of Directors (EVC)
2. Atascadero Tourism Business Improvement District (ATBID)
ITEM NUMBER: A-1
DATE: 11/10/15
Atascadero City Council
October 27, 2015
Page 6 of 6
Council Member Fonzi
1. Air Pollution Control District
2. SLO Local Agency Formation Commission (LAFCo)
3. City / Schools Committee
Council Member Sturtevant
1. League of California Cities – Council Liaison
E. INDIVIDUAL DETERMINATION AND / OR ACTION:
1. City Manager
a. Fire Engine Inspection Process
Fire Chief Stone gave an oral report on the inspection process on the
purchase of a fire truck.
PUBLIC COMMENT: None
Council Member Kelley would like to know the number of staff trips
covered by Pierce for each trip to Wisconsin to inspect a new or re-
furbished fire truck.
b. Recycling Center Update
City Manager Rickard gave an update and answered questions of the
Council about the City’s discussions with Waste Management
concerning the Recycling Center.
PUBLIC COMMENT: None
F. ADJOURNMENT:
Mayor O’Malley adjourned the meeting at 9:27 p.m.
MINUTES PREPARED BY:
______________________________________
Marcia McClure Torgerson, C.M.C.
City Clerk / Deputy City Manager
ITEM NUMBER: B-1
DATE: 11/10/15
Atascadero City Council
Staff Report – City Manager’s Office
Proposed Amendments to Title 3, Chapter 16 of the
Atascadero Municipal Code Regarding ATBID
Membership Requirements, Nomination Process,
and Length of Terms
RECOMMENDATION:
Council introduce, for first reading by title only, the Draft Ordinance amending Title 3,
Chapter 16 of the Atascadero Municipal Code regarding ATBID membership
requirements, nomination process, and length of terms.
DISCUSSION:
The Atascadero City Council established the ATBID in April of 2013 by adopting
Ordinance No. 568. This Ordinance is now Title 3 Chapter 16 of the Atascadero
Municipal Code (AMC). The ATBID Advisory Board has discussed sections of this
Ordinance at their last few meetings concerning the procedures and
membership/eligibility requirements for the ATBID Board. Their main concern was that
individuals without a legitimate lodging interest might be appointed to the Board.
Board Membership/Eligibility Requirements
Section 3-16.07(b) of the AMC states the membership requirements for the ATBID
Advisory Board:
(b) Membership on the ATBID Advisory Board is limited to lodging business owners or
employees or other representatives holding the written consent of the lodging business
owner within the ATBID area. To sponsor a member on the ATBID Advisory Board, each
lodging business must have fully paid its ATBID assessment at the time of appointment,
and remain fully paid during the term of that representative’s membership on the Board.
ITEM NUMBER: B-1
DATE: 11/10/15
The City Council cannot appoint any member of the public to the ATBID Board. The
Council is limited by the AMC to only appoint to the ATBID Advisory Board people from
the three categories listed below. All appointees must have fully paid (or their
sponsoring lodging business must have fully paid) their ATBID assessments and must
currently meet one of the following three criteria:
Lodging Business Owner
Employee of a Lodging Business
Other representative holding the written consent of a lodging business owner.
Lodging establishments are run in a number of different ways, from the owner/operator
model, to those establishments where the owner has contracted with an outside
company to run the lodging business. This membership/eligibility language is common
in California TBIDs as it provides the maximum flexibility to appoint those with a lodging
interest to the Board. The current language is also frequently used as it generally
discourages appointment of members without a legitimate lodging business interest.
The ATBID Advisory Board brought up concerns that individuals without a legitimate
lodging interest might be appointed to the Board. After much discussion and
consideration of several alternatives, the ATBID Advisory Board decided to recommend
the following amendment:
(b) Membership on the ATBID Advisory Board is limited to lodging business owners or
employees or other representatives named in writing as an empowered designee by a
holding the written consent of the lodging business owner within the ATBID area. To
sponsor a member on the ATBID Advisory Board, each lodging business must have fully
paid its ATBID assessment at the time of appointment, and remain fully paid during the
term of that representative’s membership on the Board.
This language change would still allow flexibility for appointees other than a lodging
business owner, but would require a lodging business owner to name them as an
empowered designee.
How Board Members are Appointed by the City Council
Current language allows the City Council to appoint any person to the ATBID Board as
long as they meet the eligibility requirements above. This means that the language
allows Council to appoint Board Members of their choosing regardless of the lodging
owners’ recommendation (as determined by Resolution 2013-008). While the current
language is consistent with the City Council’s appointment powers process for all other
City Advisory Boards and Commissions, the ATBID Advisory Board was concerned that
it might allow future Council’s to appoint Board Members without a legitimate lodging
interest or those that did not have the best interest of all lodging businesses at heart.
ITEM NUMBER: B-1
DATE: 11/10/15
The ATBID Advisory Board recommended that the City Council amend Section 3-
16.07(e) of the AMC to read:
e.) The City Council will appoint the ATBID Advisory Board members who will serve at
the pleasure of the City Council. The City Council shall appoint members to the
Advisory Board that have been recommended at the required nomination meeting of
lodging business owners through the established nominating process. If the City
Council rejects the recommendations of the lodging business owners, the City
Council will request a new recommendation from the lodging business owners for
consideration. The Council may, by majority vote, remove any Advisory Board
member with or without cause.
This language would be asking the City Council to cede the ir appointment authority to
the lodging establishments, but the ATBID Board felt that it would help insure that the
ATBID Board always represented the lodging businesses interests. This process is
facilitated by the ATBID Advisory Board, however it allows ALL lodging businesses to
participate and vote on the nominations.
Nomination Process
The nomination process for the ATBID Advisory Board is primarily located in Council
Resolution No. 2013-008. For clarity, it is recommended that the same nomination
process language currently in Resolution 2013-008 be added into Title 3 Chapter 16
Section 7 of the Municipal Code.
Term of Board Members
Section 3-16.07(c) of the AMC currently states:
c) “ATBID Advisory Board Members will serve staggered terms with three (3)
members serving three-year terms and two (2) members serving two-year
terms.”
This language served the ATBID well for its initial appointments; however if this
language is not changed, all five positions come open at the same time every six years.
This does not work well for continuity and stability. The ATBID Board recommended a
staggered two year term for all Board Members. Staff recommends the following
changes to 3-16.07 (c):
c) The initial ATBID Advisory Board Members will serve staggered terms with three (3)
members serving three-year terms and two (2) members serving two-year terms. All
subsequent Board Members will serve staggered terms of two (2) years.
ITEM NUMBER: B-1
DATE: 11/10/15
FISCAL IMPACT: None
ATTACHMENT:
1. Draft Ordinance
ITEM NUMBER: B-1
DATE: 11/10/15
ATTACHMENT: 1
DRAFT ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ATASCADERO AMENDING CHAPTER 16 TO TITLE 3
OF THE ATASCADERO MUNICIPAL CODE RELATING TO
THE ATASCADERO TOURISM BUSINESS IMPROVEMENT DISTRICT
(ATBID)
WHEREAS, the City Council adopted Ordinance No. 568 in 2013, establishing the
Atascadero Tourism Business Improvement District (ATBID); and,
WHEREAS, the ATBID Advisory Board has made recommendations to the City
Council on amendments regarding ATBID membership requirements, nomination process, and
length of terms.
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Title 3 Chapter 16 of the Atascadero Municipal Code is amended, as set forth
below:
“CHAPTER 16 ATASCADERO TOURISM BUSINESS IMPROVEMENT DISTRICT”
3-16.07 Advisory Board. The City Council will appoint an Advisory Board for the
ATBID under the following procedures:
a) The ATBID Advisory Board will be comprised of five members.
b) Membership on the ATBID Advisory Board is limited to lodging business owners
or employees or other representatives named in writing as an empowered designee by a the
written consent of the lodging business owner within the ATBID area. To sponsor a member on
the ATBID Advisory Board, each lodging business must have fully paid its ATBID assessment
at the time of appointment, and remain fully paid during the term of that representative’s
membership on the Board.
c) The initial ATBID Advisory Board Members will serve staggered terms with
three (3) members serving three-year terms and two (2) members serving two-year terms. All
subsequent Board Members will serve staggered terms of two (2) years.
d) The ATBID Advisory Board will be appointed by the City Council, following a
nomination process facilitated by the Lodging Businesses.
ITEM NUMBER: B-1
DATE: 11/10/15
ATTACHMENT: 1
i. Each February, the current Advisory Board will mail a letter to all Lodging
Business owners in the ATBID announcing the ATBID Advisory Board seats
that are scheduled to become vacant as of July 1 of that calendar year and
requesting nominations for the Board from such Lodging Businesses.
ii. At the noticed meeting, the ATBID will facilitate a nomination process
whereby any lodging business owners, meeting the qualification established in
(b) above, may be nominated for a seat on the Board. At the same meeting,
the ATBID will facilitate an election by secret written ballot received, mailed,
or cast at that meeting.
iii. All ATBID Lodging Business members in attendance at the meeting will be
eligible to vote. If an ATBID lodging business member is unable to attend, a
proxy with a signed statement from the member will be allowed to participate
on the member’s behalf. The persons receiving the most votes will be deemed
to have won the nomination.
iv. The nominee’s names will be forwarded to the City Clerk no later than April
30th of the same year as a recommendation to the City Council for filling
Board vacancies.
e) The City Council will appoint the ATBID Advisory Board members who will
serve at the pleasure of the City Council. The ATBID Advisory Board will meet quarterly or
more frequently. The City Council shall appoint members to the Advisory Board that have been
recommended at the required nomination meeting of lodging business owners through the
established nominating process. If the City Council rejects the recommendations of the lodging
business owners, the City Council will request a new recommendation from the lodging business
owners for consideration. The Council may, by majority vote, remove any Advisory Board
member with or without cause.
f) If the City Clerk does not receive nominations of potential Board Members by
April 30th of any applicable years, the open positions on the ATBID Advisory Board will be
appointed by the process set forth for appointing boards and commissions in Title 2 Chapter 2
Section 08 of this Code.
SECTION 2. Severability. If any action, section, clause, or phrase of this ordinance is,
for any reason, held by a court of competent jurisdiction to be invalid, such decision will not
affect the validity of the remaining portions of this ordinance. The City Council of the City of
Atascadero declares that it would have passed and does hereby pass this section and each
sentence, section, clause, and phrase hereof, irrespective of the fact that any one or more
sections, sentences, clauses, or phrases to be declared invalid or unconstitutional.
SECTION 3. Certification and Publication. The City Clerk is directed to certify the
adoption of this ordinance and cause the same to be published in the manner required by law.
SECTION 4. A summary of this ordinance, 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
ITEM NUMBER: B-1
DATE: 11/10/15
ATTACHMENT: 1
published and circulated in the City of Atascadero, and; before the expiration of fift een (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 the 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 November 10, 2015, 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: ________________________________
Tom O’Malley, Mayor
ATTEST:
_________________________________________
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
_________________________________________
Brian A. Pierik, City Attorney
ITEM NUMBER: C-1
DATE: 11/10/15
Atascadero City Council
Staff Report - Community Development Department
Pending General Plan Amendment
Request for Authorization to Process PLN 2015-1570
Solano Road General Plan Amendment
(Hochhauser / Giessenger)
RECOMMENDATION:
Council give Staff feedback and direct Staff to provide further analysis of commercial
vacancies within the City and a potential new or revised policy on mid-block
development.
REPORT IN BRIEF:
The applicant and representative have met with City Staff during the past year to
discuss potential high density residential on approximately 2.5 acres located along El
Camino Real between Solano Road and La Lin ia Avenue. This site is currently vacant
and was formerly the lumber and outdoor yard for “DeCou Lumber ,” which closed in
2012. Stylehouse Furniture currently occupies the primary building along El Camino
Real. The applicant is proposing a total of 58, high density apartments on 2.5. acres
behind the Stylehouse Furniture store.
At its October 10, 2013 meeting, the City Council prioritized the Atascadero Oaks
Center as “prime commercial.” Along with other locations along the El Camino corridor,
this area was prioritized in order to facilitate private investment on the site. Since that
time, the owner’s representative has discussed potential residential development on the
site, noting the lack of interest in commercial development in the vicinity. City Staff met
with the applicant and noted the need for a high quality mixed use project in this location
that still retains a commercial presence. Staff advised the applicant team that any
residential project at this location would require a General Plan Amendment.
The applicant has submitted a conceptual site plan (Attachment 2) showing proposed
apartments and retaining existing commercial uses. In evaluating the proposed project,
staff reviewed the existing General Plan, Council policies, and Action Plan for 2015-
ITEM NUMBER: C-1
DATE: 11/10/15
2017. Staff is recommending further analysis be completed on commercial vacancies
within the City, including an analysis on what additional underutilized and vacant
commercial property may develop in the future, prior to granting authorization to
process this application. This analysis will include a look at both opportunities for retail
development as well as logical sites for clean industrial with an emphasis towards
gaining a better understanding which sites are crucial to preserve for commercial land
uses. The analysis will also focus on the larger potential of combining commercial
properties that can support current commercial trends. Current trends do not include
additional strip malls or smaller commercial tenant spaces. Instead, current trends
support vertical mixed-use (residential or office above commercial), or larger anchor
pads with supporting retail.
Staff is recommending that the Council direct the applicant to re -design the project
proposal for a more dynamic, integrated project that would better support the
Atascadero Oaks Center and implement elements that would create a sense of place.
The following are comments that Staff is recommending the Council direct the applicant
to complete and include as a part of a future submittal for Council consideration:
Provide a conceptual long term plan for redevelopment of the “Stylehouse”
furniture store showing how new buildings may integrate into a horizontal mixed -
use project;
Provide preliminary streetscape concepts showing enhancements along a portion
of El Camino Real, Solano Road, and a portion La Linia Avenue;
Provide entry feature and enhanced streetscape along Solano Road that
includes sidewalks, planting strips with trees planted, and on-street parking;
Provide a mix of residential types. This may include a mix of apartments,
townhomes, and mixed-use buildings. Townhouse style buildings / mixed-use
building should be placed along Solano Road, oriented towards the street, to
create pedestrian scale;
Show enhanced access to the Atascadero Oaks Commercial, including the use
of pavers, raised sidewalks, and other enhanced connections to promote
walkability to the center.
Provide a plan that preserves the ground floor commercial uses along the El
Camino Real frontage.
ITEM NUMBER: C-1
DATE: 11/10/15
Proposed general plan amendment area
City Council Authorization and Processing
Prior to processing a General Plan Amendment application, the City Council reviews the
application and authorizes staff to proceed. Following authorization to proceed, it is
also suggested to take the following actions to facilitate public participation:
A. Hold a Neighborhood Meeting. The applicant is required to hold a neighborhood
meeting to present the request to citizens of the a rea neighborhoods and for the
citizens to identify, list, and discuss issues related to the amendment. The
SC
GC
GC
GC
SFR-Y
SFR-X
Proposed
GPA Area
ITEM NUMBER: C-1
DATE: 11/10/15
applicant is responsible for organizing and conducting the meeting and
attempting to resolve as many issues as possible before submitting a formal
application to the City for review and processing.
B. Study Session. Staff presents the basic facts of the General Plan Amendment
application to a joint City Council/Planning Commission Study Session, along
with a preliminary environmental analysis. Comments from the Planning
Commission, City Council and the public are used to refine the project.
Situation and Facts:
General Plan Amendment – Hochhauser / Giessenger (Solano Road GPA)
1. Applicant / Representative: Jan R. Hochhauser
122 East Arrellaga St, Santa Barbara, California 93101
Don Giessenger
Po Box 791, Atascadero, CA 93422
2. Property Owners: Scott & Jeanna Rosenfeld
8965 El Camino Real, Atascadero, CA 93422
3. Project Addresses: 8965 El Camino Real (APN 030-501-002) / 8934 Solano
Road (030-501-003) Atascadero, CA 93422
4. General Plan Designation: GC – General Commercial
5. Zoning District: CR (Commercial Retail)
6. Site Area: Approximately 3.5 acres
7. Existing Use: Vacant Storage Yard / Underutilized
8. Environmental Status: Not determined – Application pending
ITEM NUMBER: C-1
DATE: 11/10/15
Project Summary
The applicant and their representative request City Council authorize staff to process a
General Plan Amendment. The applicant is requesting conversion of the existing
General Commercial (GC) land use designation to a mix of General Commercial (GC)
and High Density Residential (HDR).
The applicant proposes the following:
Retain 1 acre of General Commercial for an existing commercial use,
approximately 20,000 square feet (sf) with no proposed upgrade of building;
Convert approximately 2.5 acres of General Commercial (GC) land use to High
Density Residential (HDR) for the purposes of constructing 58 apartment units;
Proposed Apartments would be a mix of two (2) be droom and one (1) bedroom
units.
Existing Site
The site is located on nine (9) legal lots of record with access from El Camino Real
between Solano Road and La Linia Road. The property is at grade along El Camino
Real, however begins to slope gently heading east. The site is currently adjacent to the
Spencer’s Commercial Center, which, along with the former De Cou lumber site is
identified as a “Prime Commercial Site” by the City Council. The project site is
somewhat hidden from El Camino Real and has been utilized as a storage yard in the
past. If the Council authorizes the proposed project, the following entitlements would be
sought in conjunction with the General Plan Amendment:
Zoning Map Amendment with a Planned Development (PD) Overlay;
Master Plan of Development (Conditional Use Permit);
Parcel Map.
ITEM NUMBER: C-1
DATE: 11/10/15
DISCUSSION:
Background: The City has received a request to process a General Plan Amendment
(GPA) from Hochuaser, Blatter Architecture and Planning (applicant) and their
representative, Don Giessenger. The applicant proposes to change the land use
designation of nine (9) legal lots of record from General Commercial (GC) to a
combination of General Commercial (GC) and High Density Residential (HDR, 20-24
units per acre). The applicant is proposing to retain approximately 1 acre of commercial
uses along El Camino Real and convert the remaining 2.5 acres to high density
residential apartment units. The proposed units would consist of 36 two (2) bedroom
units at approximately 950 sf each and 22 one (1) bedroom units at 650 sf each. The
following is the summary of the proposed development:
Proposed Development Statistics
Land Use
Designation
Zoning District Acres Units / FAR Parking
Requirements
General Commercial
(GC)
Commercial Retail
(CR)
0.9 0.5 FAR (existing
commercial)
50 parking spaces
(1 per 400 sf)
High Density
Residential (HDR)
Residential Multi-
Family-20 (RMF-20)
2.6 58 units 117 spaces
Analysis: The applicant is proposing conversion of approximately 2.5 acres of
underutilized / vacant commercial properties adjacent to a prime commercial center
(Atascadero Oaks Center). The proposed amendment would be considered a
“horizontal mixed-use” project, or a project that consists of commercial buildings along
the street frontage with residential located behind the commercial.
The Atascadero Oaks Center is currently experiencing high vacancy rates due to the
lack of an anchor, as Spencer’s Market shut down operations in the summer of 2013.
Since then, over 30,000 sf of commercial space has
remained vacant. Recently, an application was approved
by the City Council to allow an indoor recreation and
fitness center at the former Spencer’s Location. This
building permit is currently being processed by the
Community Development Department.
The General Plan projects that the existing site may
develop, on average, approximately 47,044 sf of
commercial/retail/office uses, based on a Floor Area Ratio
(FAR) of 0.30. Approximately 20,000 sf is currently
occupied with Stylehouse furnishings.
What is Floor Area Ratio
(FAR)?
FAR is the total square feet of
the building divided by the total
square feet of the lot the building
is located on. Typically,
Atascadero FAR is higher in the
Downtown core versus other
areas of the City. An example is
the Carlton’s FAR is 2.5 on a 0.4
acre site, while the Home Depot
is 0.25 FAR on a 12.3 acre site.
ITEM NUMBER: C-1
DATE: 11/10/15
The applicant has not indicated any future plans for the current commercial building, nor
have they indicated how, if any connection will be made between the existing
commercial uses along El Camino Real (including the former Player’s Restaurant, which
is not a part of this application).
In 2013, as a part of Council Strategic Planning, Staff provided a preliminary concept
illustrating how the proposed General Plan Amendment Site may be developed with
infill commercial and residential uses. Staff’s proposed concept included additional
commercial / retail uses along Solano Avenue to create more pedestrian vibrancy and
potential integration with a new Phase 2 retail site.
ITEM NUMBER: C-1
DATE: 11/10/15
General Plan Amendment Processing
Over the last few months, the Community Development Department has been
approached with multiple requests to convert existing commercial designated land uses
to residential uses. This includes the following sites:
Solano Road / La Linia / El Camino Real site;
Dove Creek Commercial;
Kailana Commercial site and adjacent properties.
As the City’s dormant permit program closes, and as the economy continues to
strengthen, pressure to develop vacant sites in the City’s core will continue to grow. The
City experienced a similar ground swell of pressure during the last economic boom in
the early to mid-2000’s. To counter this, the City Council adopted two policies to counter
and maintain what it considered its “prime commercial” sites (refer to attachment 5), as
well as, reduce the number of commercial land use designation conversions .
Prime Commercial Sites Policy / Mixed-Use Policy
The purpose of the prime commercial site policy is to ensure that the City protect its
prime commercial sites from piecemeal development, consistent with the City’s General
Plan policy LOC 3.1.8.
The policy identified 11 sites within the City that are considered prime commercial,
which makes it more difficult to propose a mix-of uses that undermines these potential
or existing commercial sites.
1. Northeast Corner of Del Rio Road/ El Camino Real (Del Rio Marketplace /
Annex)
2. Southeast corner of Del Rio Road / El Camino Real (Walmart)
3. K-Mart Center
4. Von’s Center
5. Haggens’s Center (Formerly Albertson’s)
6. Food 4 Less Center
7. Walgreen’s Center
8. Atascadero Oaks Center
9. Mission Oaks Center (Formerly Factory Outlets)
10. Home Depot Center
11. Dove Creek Commercial Center
ITEM NUMBER: C-1
DATE: 11/10/15
The City Council’s policy on prime commercial sites implements the City’s General Plan
Goal LOC 3:
Goal LOC 3:
Transform the existing El Camino Real “strip” into a distinctive, attractive, and efficient
commercial, office and industrial park area which can provide for the long term
economic viability of the Community.
In addition to the City Council’s prime commercial policy, a policy was created for
processing mixed-used projects. The Council developed a horizontal mixed -use policy
for the processing in 2004 that further outlined how to convert potential commercial sites
for both residential and commercial uses. This policy included the following:
Projects should be integrated to the extent possible to produce a “mixed use”
development as opposed to blocks or strips of different development;
The projects need to be on vacant land and not be residential infill of c ommercial
property unless there is significant reinvestment in the commercial portion;
The Council’s goal is that 50% of the project is commercial. If less than 50%, the
project must include significant community benefit;
The commercial portion of the prop erty must be completed prior to or concurrent
with the residential portion;
The Tausig Fee model shall be applied to the residential portion of the project
(Community Facilities District) annexation;
The commercial portion of any mixed use project shall not include ministorage or
other non-retail sales tax generating uses except that offices could be permitted.
The proposed GPA is considered a horizontal mixed-use project. Processing of
proposed mixed-use projects would be as follows:
ITEM NUMBER: C-1
DATE: 11/10/15
The City’s General Plan has a goal to “transform the existing El Camino Real ‘strip’ into
a distinctive, attractive, and efficient commercial area which can provide long term
economic viability.” While the policies put in place protect the 11 key sites, these
policies, particularly the prime commercial sites, do not address how to create an
efficient and distinctive commercial area that can sustain long term viability.
Commercial uses stretch along a 7 mile stretch of El Camino Real. This long stretch of
commercial contains many strip malls and smaller commercial uses that do not lend to
the economies of scale that are required by today’s develo pment market. Out of the 11
identified “prime commercial” sites in 2004, five (5) key “nodes” have emerged and are
distinctive and have commanded higher than average per square foot rental rates for
commercial uses based on a cursory survey of available pads for lease within these
centers. Those include:
ITEM NUMBER: C-1
DATE: 11/10/15
The Home Depot Center
Del Rio Road Marketplace (Annex / Walmart / Mission Oaks)
Downtown
Von’s Center
Curbaril / El Camino Real Retail Area
Remaining commercial sites, while supporting residents, have evolved to more 2 nd tier
status. These include:
Atascadero Oaks Center (Formerly Spencer’s)
K-Mart Center
Dove Creek Commercial
Atascadero Node Sites / Secondary Commercial Sites
Home Depot Center
Del Rio Marketplace
Downtown
Von’s Center
Curbrail / ECR
K-mart
Spencer’s
Dove Creek
ITEM NUMBER: C-1
DATE: 11/10/15
Non-Residential Vacancies / Underutilized Properties
At its April 27, 2015 meeting, the City Council approved an “action plan” for economic
development for the 2015-2017 fiscal cycle that includes the following action items to be
completed by Staff:
The proposed GPA site is an identified commercial “hot spot”. However, the Council has
also directed staff to reduce the number of vacant store fronts. Staff does not currently
have a detailed analysis of the full extent of commercial vacancies or underutilized sites
throughout the City. The vacancies within the Atascadero Oaks Center (formerly
Spencer’s) reflect vacancies in the City that tend to be more prominent to residents,
visitors, and business owners including:
Former Spencer’s Fresh Market Location
Former Player’s Restaurant Building
Downtown Jack-in-the-box site
Carlton Hotel Restaurant Site
Various storefronts in the Downtown
San Jacinto Center
These very visible vacancies are in-conjunction with vacant properties that are
designated General Commercial, as well as, underutilized commercial properties that
are located throughout the City that may one-day redevelop into tax generating uses, if
economic conditions are favorable to such redevelopment. Typically, new commercial /
retail development requires the following land to properly develop with an economy of
scale and potential lending, according to the International Council of Shopping Centers:
Strip or convenience commercial, less than three (3) acres
neighborhood center (drug / supermarket plus out-pads), 5-10 acres
Larger community centers (Walmart/annex) 15-45 acres
ITEM NUMBER: C-1
DATE: 11/10/15
Taking all these factors into consideration, Staff believes additional analysis is required
to determine viable commercial sites that may one day redevelop, or sites that are no
longer viable and should be considered for some other types of uses such as mixed-
use, residential, or job generating land uses such as research and development
facilities. Staff performed a cursory analysis of vacant / underutilized properties near the
proposed project that are all designated General Commercial (GC).
Site Acres Potential Build-out
(sf)*
Potential
Development Type
A 0.64 8,400 Strip
B 2.64 32,429 Strip
C (proposed GPA) 2.5 32,670 Strip
D 5.88 76,880 Neighborhood Center
Totals 11.66 150,379 sf
*build-out based assumed average FAR of 0.30 in the Atascadero General Plan. Typical FAR for General
Commercial ranges from 0.15 to 0.50.
A
B
C
D
ITEM NUMBER: C-1
DATE: 11/10/15
If the proposed properties were to develop into a commercial retail use, a few factors
would need to occur, including:
Combining of smaller parcels by various property owners to form larger
development potential;
Potential site clean-up and restoration of previous uses.
If these were to all occur, the type of commercial development typically created under
current lending and development practices would more than likely develop into
additional strip commercial development, which is contrary to the City’s General Plan
Goal of creating an economically viable, attractive, and efficient commercial area. This
additional strip development may lead to further vacancies and blighting of existing and
older commercial centers.
The City’s General Plan also contains a policy to permit mixed -use or multi-family infill
development within the General Commercial areas of El Camino Real. The City’s
zoning ordinance was recently amended to allow for multi-family units above the ground
floor in certain zoning districts within the General Commercial Zoning district.
General Plan Program 3.1.7
Conditionally allow, mixed-use or exclusive multi-family infill development in the mid-
block portions of General Commercial areas along El Camino Real.
While this regulation implements the General Plan and program policy 3.1.7, it does not
identify what is “mid-block”. City Staff has not taken a hard review of development
potential in the mid-block. During the City’s 2025 General Plan Update, one of the
priorities was to ensure a secure revenue base (refer to attachment 6). This analysis of
potential “revenue base” reviewed vacant parcels, but may not have included a detailed
analysis of potential “redevelopment” of underutilized parcels and the type of
development that may be generated by the uses. Staff recommends further analysis of
potential redevelopment and provide additional information for council consideration at a
later date.
Policy for Mid-Block Infill Development
With a further analysis of mid-block infill development and potential redevelopment of
sites, City Staff could explore a potential policy to outline how to process mid-block
development sites in the General Commercial land use designations. With potential
development of residential and other non -revenue based uses, the opportunity to
continue to further the City’s revenue base may be diluted.
Providing a “path to success” for applicants, residents, and further the City Goals as
envisioned by the City’s General Plan is necessary to give an idea for the type of
“exchange” City leaders are looking for to replace the revenue based uses. While not
advocating a single type of development such as apartments, or vertical mixed -use,
Staff is recommending that the Council direct staff to return to Council with “elements”
contained in a policy that implements three primary general plan policies:
ITEM NUMBER: C-1
DATE: 11/10/15
General Plan Policies – Atascadero 2025
Policy 2.1 – Ensure that new development is compatible with existing and surrounding
neighborhoods.
Policy 2.3 – Incorporate pedestrian and transit oriented design concepts into new
residential and commercial development within the urban core.
Policy 3.1. Encourage retail business at efficient and attractive nodes along El Camino
Real
Staff, with direction and input from the Council, residents, business owners, and key
stakeholders, has an opportunity to work together aggressively and create an
environment to which the City supports its existin g and emerging commercial nodes.
The Council should direct staff to evaluate a new or revised policy that incorporates
some of the following elements:
Establish El Camino Real as a “great street”, consistent with General Plan
program 3.1.12;
Require high quality, residential development that creates more vested
stakeholders and grows the City’s retail base;
Ensure there is sufficient parking in proposed developments, with the ability for
parking demands that can change over time;
Mid-blocks should plan for long term growth and development, but have the
ability to manage change in the short term with developments tailored to the area
to maximize impact on efforts to support identified commercial nodes.
Staff is recommending that the Council direct Staff to return with modif ications to its
existing policy on mixed-use and include elements to champion and support the existing
commercial nodes. In addition, Staff is requesting that the Council direct the applicant to
work with Staff in implementing the four (4) elements listed to create a dynamic infill
development. The proposed development does not currently meet the standards
necessary to support a general plan amendment. Staff is recommending that the
Council direct the applicant revise the proposed application and include the following
design changes to create a sense of place and to support the Atascadero Oaks Center
with potential vibrancy:
Provide a conceptual Phase 2 long term plan for redevelopment of the
“Stylehouse” furniture store showing how new buildings may integrate into a
horizontal mixed-use project;
Provide preliminary streetscape plans showing streetscape enhancement along a
portion of El Camino Real, Solano Road, and a portion La Linia Avenue;
Provide entry feature and enhanced streetscape along Solano Road that
includes sidewalks, planting strips with trees planted, and on-street parking;
Provide a mix of residential types. This may include a mix of apartments,
townhomes, and mixed-use buildings. Townhouse style buildings / mixed-use
ITEM NUMBER: C-1
DATE: 11/10/15
building should be placed along Solano Road, oriented towards the street, to
create pedestrian scale;
Show enhanced access to the Atascadero Oaks Commercial, including the use
of pavers, raised sidewalks, and other enhanced connections to promote
walkability to the center.
FISCAL IMPACT:
According to the 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 service costs
of new development. Based on the revenue projections from the Taussig Study, t he
City has developed standard Conditions of Approval for new residential planned
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.
If the project is approved for processing, it should be required to be fiscally neutral so
the added residential units fund their own on -site improvements and maintenance, as
well as their fair share of off -site improvements and impacts to City emergency services.
ALTERNATIVES:
1. Council may authorize the applicant to proceed with an application to amend the
General Plan and direct the applicant to amend the project to enhance features
to create a high quality project that is linked to commercial uses on site and on
adjacent properties.
2. Council may deny the request to submit a General Plan Amendment application
for the project area.
ATTACHMENTS:
1. Location Map, General Plan and Zoning
2. Proposed Site Plan
3. 2013 Strategic Planning Staff Concept
4. Applicant Real Estate Letter
5. Prime Commercial Sites Map
6. January 2001 Joint City Council / Planning Commission Townhall Report
ITEM NUMBER: C-1
DATE: 11/10/15
ATTACHMENT 1: Location Map, General Plan & Zoning
General Plan Designation: General Commercial (GC)
Zoning District: Commercial Retail
SE SE Woodridge Specific Plan
GC
GC
GC
SC
HDR
SFR-X
ITEM NUMBER: C-1
DATE: 11/10/15
ATTACHMENT 2: Project Site Plan
Unincorporated
ITEM NUMBER: C-1
DATE: 11/10/15
ATTACHMENT 3: 2013 Strategic Planning Concept
ITEM NUMBER: C-1
DATE: 11/10/15
ATTACHMENT 4: Applicant Real Estate Letter
ITEM NUMBER: C-1
DATE: 11/10/15
ATTACHMENT 5: Prime Commercial Sites Map
ITEM NUMBER: C-1
DATE: 11/10/15
ATTACHMENT 6: January 2001 Joint City Council / Planning Commission Townhall Report
ITEM NUMBER: C-1
DATE: 11/10/15
ATTACHMENT 6: January 2001 Joint City Council / Planning Commission Townhall Report
ITEM NUMBER: C-2
DATE: 11/10/15
Atascadero City Council
Staff Report - Community Development Department
Pending Zoning Text Amendment
Request for Authorization to Process PLN 2015-1571
Office Uses in the Downtown Commercial Zone
RECOMMENDATION:
Council give Staff feedback, and direct Staff to return with suggested Code revisions
following outreach with the Chamber of Commerce.
DISCUSSION:
Background: The City adopted the Downtown Revitalization Plan (DRP) in 2000 in
order to outline goals, objectives and programs aimed at supporting the economic
vitality and redevelopment of the downtown area. The plan is designed to implement the
City’s General Plan with a goal of coordinating public and private investment to help
realize the vision of an enhanced and economically viable downtown. The Plan
envisioned a downtown with a land use pattern predominated by “multi-story mixed
uses with retail uses on the ground floor and residential and office above ”. Furthermore,
the plan suggests utilizing incentives to relocate medical office uses outside of the
downtown.
When the DRP was originally adopted in July of 2000, changes were implemented to
the Zoning Code to prohibit offices on the ground floor in the downtown commercial
zone. Less than two years later, on April 23, 2002, the Atascadero Main Street
organization requested an amendment of the Downtown Commercial Zoning District to
accommodate non-retail uses interested in occupying ground floor storefront locations
as a way to address vacancies in the downtown. At that time, the Carlton was under
construction, and many surrounding storefronts were vacant. The City Council ultimately
approved this amendment in June of 2003. The amendment also included provisions to
address the appearance of downtown offices to maintain storefronts and a retail feel.
Thirteen years later, the area around Sunken Gardens is predominantly surrounded by
office uses. Now that City Hall is again occupied, there are plans in place to construct a
ITEM NUMBER: C-2
DATE: 11/10/15
pedestrian bridge linking Colony Square to the downtown core, and there are new
restaurants planning to occupy spaces throughout the downtown area. These efforts are
helping to stimulate the visions that were adopted in the DRP. However, there are
currently no incentives in place or restrictions to discourage the expansion of office uses
in the downtown. Plans to construct a new replacement office building for the existing
medical office at 5920 West Mall are currently moving forward. Now is the time to look
to the desired future of our downtown, especially the area surrounding the park, to take
steps towards a gradual transition to more pedestrian oriented uses such as retail and
restaurant uses. A minor Code revision prohibiting new office uses on the ground floor
in key focus areas is again suggested to begin this transition.
Analysis:
What the code revision could do:
The revision could prohibit new office uses on the ground floor in particular key
locations in the downtown commercial zone such as the properties surrounding Sunken
Gardens Park, along Entrada or in prime locations along El Camino Real. .
Effect on existing office uses: Existing office uses on the ground floor would become
non-conforming and would be allowed to remain.
City’s policy on non-conforming uses:
In accordance with the Municipal Code, Non-conforming uses are allowed to remain
indefinitely but may not be expanded or reconstructed. New office uses can be
established where a prior office use existed unless the prior office use has been
discontinued for 6-months or more. With the proposed text amendment, the Council
may wish to consider alternative provisions that trigger land use compliance upon a
change of tenants or change of ownership, thereby facilitating a more rapid transition to
retail or restaurant uses in these key focus areas. Adding more aggressive policies may
trigger a more rapid transition, but this option could also lead to vacancies as there is no
guarantee or control in attracting restaurant and retail tenants.
Conclusion: Current trends provide us with an opportunity to create a text amendment
that will gradually result in the transition of office to retail/restaurant uses in the
Downtown Commercial Zone. The minor text amendment would simply prohibit ground
floor office uses. The details of the text amendment have not been clearly defined at this
time. The questions for City Council include:
1. What should the key focus areas in the downtown commercial zone be for the
text amendment? Should it be restricted to the area surrounding the park and
Entrada or should it include more of the Downtown?
2. How should we accommodate existing and future office uses on the ground
floor? Should we maintain consistency with the Non -Conforming policies or utilize
something more aggressive such as requiring compliance upon change of
tenants or change of ownership?
ITEM NUMBER: C-2
DATE: 11/10/15
3. What type of non-retail or restaurant uses should still be allowed on the ground
floor in key downtown locations? There are several types of “office” type uses
such as research and development, or other similar land uses.
Process: If the Council wishes to proceed with the amendment, staff will proceed with
community outreach starting with a meeting with the Chamber of Commerce. The
discussion would then be scheduled for Planning Commission review, likely returning to
City Council with a proposed text amendment in the Spring of 2016.
FISCAL IMPACT:
If the project is authorized for processing, it will ultimately result in encouraging office
uses to relocate to preferred office locations outside of the downtown core , supporting
redevelopment of the downtown core to tax generating uses.
ALTERNATIVES:
Council may decide to not authorize staff to process the code text amendment at this
time, allowing office uses to remain a permitted use on the ground floor within the
Downtown Commercial Zone.
ATTACHMENTS:
1. Location Map
ITEM NUMBER: C-2
DATE: 11/10/15
ATTACHMENT 1: Location Map
Potential areas that would benefit from proposed text Amendment
SE SE Woodridge Specific Plan