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HomeMy WebLinkAboutAgenda Packet 05/27/2003 19$ . CITY OF A TASCADERO CITY COUNCIL AGENDA TUESDAY, MAY 27, 2003 7:00 P.M. City of Atascadero 6500 Palma Avenue, 4t" Floor Atascadero, California REDEVELOPMENT AGENCY: 6:30 P.M. • COUNCIL CLOSED SESSION: (immediately following Redevelopment Agency Meeting) 1. PUBLIC COMMENT - CLOSED SESSION 2. Call to Order a. Conference with labor negotiator (Govt. Code Sec. 54957.6) Agency Negotiator: William Avery Employee organization: Service Employees Intl. Union Local 620, Non-represented Professional and Management Workers and Confidential employees b. Conference with negotiator over real property (Govt. Code 54956.8) Negotiator: City Manager Wade McKinney Property: APN #029-105-023 Negotiations will include price and/or terms of payment Negotiator to negotiate with Atascadero Land Preservation Society (ALPS) 3. Adjourn 4. CLOSED SESSION REPORT 1 REGULAR SESSION: 7:00 P.M. i PLEDGE OF ALLEGIANCE: Mayor Pro Tem Luna ROLL CALL: Mayor Clay Mayor Pro Tem Luna Council Member Scalise Council Member O'Malley Council Member Pacas INTRODUCTIONS: 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 • PRESENTATIONS: 1. Proclamation declaring June 2 and 3, 2003 "Special Olympics Law Enforcement Torch Run Days" 2. Local Area Formation Commissions (LAFCO) Sphere of Influence Update 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.) • 2 A. CONSENT CALENDAR: (All items on the consent calendar are considered to be routine • and non-controversial by City staff and will be approved by one motion if no member of the Council or public wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the consent calendar and will be considered in the listed sequence with an opportunity for any member of the public to address the Council concerning the item before action is taken.) 1. Special Joint Meeting Minutes — May 7, 2003 • City Clerk recommendation: City Council approve the City Council/Planning Commission minutes of May 7, 2003. [City Clerk] 2. City Treasurer's Report — January 2003 • Fiscal impact: None • City Treasurer recommendation: City Council approve the City Treasurer's report for January 2003. [City Treasurer] 3. City Treasurer's Report — February 2003 • Fiscal impact: None ■ City Treasurer recommendation: City Council approve the City Treasurer's report for February 2003. [City Treasurer] 4. Joint Study Session Minutes — April 30, 2003 • City Clerk recommendation: City Council approve the City Council/Planning Commission minutes of April 30, 2003. [City Clerk] • 5. Weed Abatement Contract Award ■ Fiscal impact: None. Funds are budgeted annually tocover the costs of the weed abatement program, and are recovered through assessments on property tax bills of those parcels abated. • Staff recommendation: Council authorize the City Manager to execute the contract with Roberto E. Le-Fort for weed abatement. [Fire Department] B. PUBLIC HEARINGS: 1. Appeal Planning Commission Approval of Conditional Use Permit 2002-0085 - Santa Ysabel Mixed-Use Infill Development Appeal 2003-0002 THIS ITEM HAS BEEN CONTINUED ■ Fiscal impact: The project would likely have a slight negative impact on City revenues. As a general rule, single-family dwellings require services that exceed the revenue generated by the dwelling. ■ Staff recommendation: City Council refer the project back to staff to prepare a General Plan Amendment utilizing a City reserved cycle and Planned Development Amendment that would allow one single-family dwelling unit and preservation of a 52- inch native oak tree. [Community Development] • 3 2. Weed Abatement - Hearing of Objections ■ Fiscal impact: Costs involved in administering this program are recovered through • the 100% administrative fee charged to parcels abated by the City Contractor. ■ Staff recommendation: Council: 1. Hear and consider all objections to the proposed removal of vegetative growth and/or refuse, and allow or overrule any objections; 2. Authorize the Fire Chief to proceed and perform the work of abatement. [Fire Dept.] C. MANAGEMENT REPORTS: 1. Surface Mining and Reclamation Act of 1975 (SMARA) Compliance Report— Millhollin Mine CUP 96003 • Fiscal impact: None. • Staff recommendation: Council receive and file this report. [Community Development] D. ATTORNEY REPORTS: 1. Discussion and Direction Regarding Establishing a Charter for the City of Atascadero ■ City Attorney recommendation: City Council instruct the City Attorney and the City Manager to propose a form of Charter for the City of Atascadero. The timing of this should be done to allow an election by the voters of Atascadero in November of • 2004. 2. Consideration and Adoption of Resolution Establishing Development Impact Fees; Consideration and Adoption on Second Reading, by Title Only, of Ordinance Establishing Procedures for Development Impact Fees ■ City Attorney recommendation: Council 1. Adopt, on second reading by title only, the draft Ordinance amending and restating the Atascadero Municipal Code in regards to development impact fees; and, 2. Adopt the draft Resolution establishing a schedule of development impact fees. E. COMMITTEE & LIAISON REPORTS: (The following represent standing committees. Informative status reports will be given,as felt necessary.): Mayor Clay 1. Water Committees 2. County Mayor's Round Table Mayor Pro Tem Luna 1. Finance Committee 2. Integrated Waste Management Authority(IWMA) 4 Council Member Scalise 10 1. Atascadero State Hospital Advisory Board 2. Local Agency Formation Commission (LAFCO) 3. S.L.O. Council of Governments (SLOCOG)/S.L.O. Regional Transit Authority(SLORTA) Council Member O'Malley 1. Finance Committee 2. City/Schools Committee 3. Air Pollution Control District (APCD) 4. League of California Cities - Grassroots Network 5. Economic Vitality Corporation, Board of Directors (EVC) Council Member Pacas 1. City/Schools Committee 2. Atascadero Youth Task Force F. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager • G. 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, Barbara Patton, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the May 27, 2003 Regular Session of the Atascadero City Council was posted on May 21, 2003 at Atascadero City Hall, 6500 Palma Ave., Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location. Signed this 211th day of May 2003 at Atascadero, California. arbara Patton, Deputy City Clerk City of Atascadero • 5 City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING The City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m., in the • Council Chamber of City Hall. 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(Room 311)and are available for public inspection during City Hall business hours at the Central Receptionist counter and on our website, www_atascadero_oTZ. 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, (805) 461-5010, or the City Clerk's Office, (805) 461-5074. 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 • 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. 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 meeting. Should you have a matter you wish to bring before the Council, please mail or bring a written communication to the City Manager's office in City Hall prior to the deadline. "SPECIAL OLYMPICS—LAW ENFORCEMENT TOR CH R UN DA YS" JUNE 2 & 3, 2003 WHEREAS, Each year Law Enforcement officers join together to run the Special Olympics torch throughout San Luis Obispo County; and WHEREAS, hundreds of thousands of law enforcement officers give their time to protect our communities every day; and WHEREAS, hundreds of thousands of athletes participate in Special Olympics activities annually; and WHEREAS, the efforts of countless volunteers make Special Olympics possible; and WHEREAS, on June 2 & 3, 2003 law enforcement officers will carry the Special Olympics torch throughout San Luis Obispo County and send it on its way down to California State University at Long Beach to open the Special Olympics of Southern California Summer Games; and WHEREAS, at this years'meet, many of our area's finest young people and adults will be competing in a variety of sports, enjoying the joy of athletic competition and learning the importance of"doing one's best"in a spirit of sportsmanship. NOW, THEREFORE, I, the Mayor of the City of Atascadero, and on behalf of the City Council, do hereby proclaim June 2 & 3, 2003 as: "SPECIAL OLYMPICS-LAW ENFORCEMENT TOR CHRUNDAYS" in the City of Atascadero, and acknowledge the hard work of the event organizers and congratulating the athletes and officers on their accomplishments. WITNESS THE OFFICIAL SEAL OF THE CITY OF ATASCADERO: erry L. 1a ,Sr., Mayor • ity of ascadero, Cali a May 2 , 2003 001 ' May 279 2003 11979 Y Atascadero City Council Staff Report— Community Development Department Introduction of Presentation by Local Area Formation Commission (LAFCO) Sphere of Influence Update DISCUSSION: Background: During the update of the General Plan, the Eagle Ranch portion of the unincorporated Colony was identified as a future annexation area. Eagle Ranch consists of approximately 400 Colony lots with water company shares, and covers nearly 3,000 acres on the south side of the City. General Plan policy LOC 1.2.8. calls for the City to cooperate with LAFCO and the County on amending the City's sphere of influence to include Eagle Ranch. • LAFCO is beginning work on amending the City's sphere and will be making an informational presentation on the process and steps involved in the amendment process. No formal action on the sphere will be taken at this meeting. ATTACHMENTS: Attachment 1: General Plan Urban Reserve Policies Attachment 2: General Plan Urban Reserve Diagram Attachment 3: LAFCO information 002 Attachment 1: General Plan Urban Reserve Policies cx.si::ss�'£sc�;.i.:.<z� t .::<sfkrlf.:::i31 4..-...:YSi rY.,:>...:,SiR;'•i VAVM pYYY€# sit2> EOSOftthe MA#ChAfa-ft?r!fbyfX'spettirsothe i�:i t rin Oww:#s b*uri f;3 &asid cwpersu w#t#r th*tuu**r!f w rogsos m p ainninrg Issou 1%a rou3tfding the caKh . i,. �fy�}>„b"�f;t�t'3#�ae:33,flEa�##~{4�rx t�<<•SsE:�3:<psY>£?3zF:�i�ls3';st<�3'��`^oRi�k#�+4''iit3:l33"+�c�33 C�.`$^�uri<�`�„ii'ix': -Sba">li3 ir.1 p3g tQ3?t#-:t_. 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' ::!/ .��-'�. �1\`E`•tf ,a t, �:. Area of Sphere of ....._�.....Y^- `.. r,'�1y,.•'. /N�.y F/ i ( JJ F Influence Update .... .!. "r�^51,� ,ice.•,,.. 004 Attachment 3: LAFCO information • SAN LUIS OBISPO- LOCAL AGENCY FORMATION COMMISSION SERVICE REVIEW INFORMATION NEEDS As you may know, the Cortese/Knox/HertzbergAct mandated that all Local Agency Formation Commissions in the State update the Sphere of Influences of jurisdictions within five years. The Office of Planning and Research has developed guidelines,which identify the type of information needed to prepare a Service Review. Information related to the following topics is needed to prepare the Review: 1. Infrastructure Needs and Deficiencies: This refers to public services and facilities such as sewage disposal systems, water supply systems,roads and other utility systems. Information is needed about the status of the existing infrastructure serving existing development and planned infrastructure to accommodate future development. 2. Growth and Population: This refers to growth and development patterns as well as projected population and population density. These are key factors to consider when updating the Sphere of Influence. 3. Financing Constraints and Opportunities: This refers to the cost and implementation of financing mechanisms used to fund needed improvements and enhance revenue streams. Information needed includes; agency investment policies, plans for financing future infrastructure needs,and bond rating of the agency. 4. Cost Avoidance Opportunities: This refers to opportunities to eliminate unnecessary costs derived from duplication of services and facilities, reliance on outdated or deterioting infrastructure and equipment, underutilized equipment or buildings, and overlapping or inefficient service boundaries. 5. Rate Restructuring: This refers to stabilize and minimizing service rates as much as possible. Please identify best practices used by your agency that could be useful to other agencies. 6. Opportunities for Shared Facilities: This refers to cost saving that may be gained if service providers develop strategies for sharing facilities and resource. Many services providers share communication centers, wastewater treatment facilities and distribution lines. Sharing facilities and utilizing excess capacity in another agency's service system can reduce. 7. Government Structure Options: As part of the Service Review LAFCO may recommend the creation, update or amendment of the SOIs of cities and special districts. LAFCO may also recommend the formation/dissolution of Special Districts, consolidation of cities or special districts, annexations or detachment to cities or city incorporations or disincorporation. 8. Management Efficiencies and Budget Information: This refers to the highest-level quality public services with the lowest necessary expenditure of public funds. The Service Review guideline identifies several key factors in determining management efficiency; continuous improvement plans, strategies for budgeting, managing costs and training personnel, and maintain adequate contingency reserves. 9. Local Accountability/Governance: This refers to public accessibility of staff, elected officials, the noticing and public participation procedures, the availability of documents, and how an the agency measures and discloses results of programs and services to the public. Any information you can provide about the above topics would be appreciated. Please send copies to: David Church,SLOLAFCO,1042 Pacific St.,Suite A,San Luis Obispo,CA 93401 - 805-788-2096 Email Address: Dchurchna,slolafco.com • 005 � Sphere Update Process Step I : Information Gathering Step II : Preparing Documents �00 ................• Step III : Public Review 45-60 Day Period ----------------------------- Step IV: Public Hearings • 006 ITEM NUMBER: A-1 DATE: 05/27/2003 • `a: �!s � �: 4 r • 1918 j , �. : 0 9 MINUTES SPECIAL JOINT MEETING CITY COUNCIL / PLANNING COMMISSION WEDNESDAY, MAY 079 2003 7:00 p.m. AFFORDABLE HOUSING ISSUES & INCLUSIONARY HOUSING ORDINANCE STUDY SESSION STUDY SESSION: 7:00 P.M. Mayor Clay called the meeting to order at 7:00 P.M. and Council Member O'Malley led the Pledge of Allegiance. ROLL CALL: Present: Council Members O'Malley, Pacas, Scalise, Luna and Mayor Clay Planning Commissioners Beraud, Jones, O'Keefe, Porter, Kelley and Chairperson Fonzi Absent: Planning Commissioner Bentz Staff Present: City Manager Wade McKinney, Community Development Director Warren Frace, Information Technology Director Andrew Fruin, City Attorney Roy Hanley and Recording Secretary Grace Pucci. • 007 Mayor Clay welcomed the audience to this special meeting and explained the format for the evening. Mayor Clay commended Community Development Director Warren Frace for the . workbook produced for this meeting. STUDY SESSION STAFF REPORTS 1. Discussion of Affordable Housing Issues and an Inclusionary Ordinance Staff Overview Community Development Director Warren Frace gave the staff report and explained staff is seeking direction on how the Council and Commission would like them to move forward on the issue of affordable housing and for some general consensus on how to proceed with an inclusionary ordinance. Expert Speakers Dave Mullinax, League of California Cities, stated that an arm of the League, the Institute of Local Government, has recently produced a primer that will be provided as a tool for local governments to use when drafting inclusionary ordinances. There are over 120 counties and cities in California that have adopted local ordinances for inclusionary housing. The benefits of an ordinance include: 1) it is a tool for the community with which to tailor a program to fit its needs, 2) gives local government a legal cover against litigation, 3) makes it easier to get benefits • from Sacramento. Mr. Mullinax reviewed pending legislation for affordable housing and incentives available from the State, and answered questions of the Council and Commission. George Moylan, Housing Authority of the City of San Luis Obispo, indicated that he is not a strong proponent of an inclusionary ordinance, as there have been abuses and bureaucratic issues connected with it. He suggested the following: 1) create an ordinance with input from all factions of the community, utilizing a subcommittee appointed by the Council and given authority to bring back an inclusionary ordinance for consideration, and 2) adopt a commercial component. He reviewed the methods used in San Luis Obispo and their success in raising several hundred thousand dollars for affordable housing. Inclusionary housing ordinances are usually done in larger cities with staff enough to follow up on issues such as resale, etc., this is sometimes difficult in cities such as Atascadero with smaller planning and finance departments. Ordinances create another layer of bureaucracy that can be frustrating for developers and recipients of the assistance. Mr. Moylan answered questions of the Council and Commission. Jerry Bunin, Home Builders Industry Association, gave a PowerPoint presentation covering the following points regarding inclusionary housing: 1) the Home Builders Industry Association generally discourages inclusionary housing, as it is felt it doesn't address the basic problem of supply and demand, 2) it targets only a market segment and doesn't help with work force housing, and 3) poorly structured programs can add to the cost of housing. The Association does feel it is a good goal to providing low-income housing, but would like to see a density bonus equal to the State's voluntary statute (25% density bonus if you provide 10% very low income, • CC/PC Special Meeting 05/07/03 Page 2 008 ITEM NUMBER: B -1 DATE: 06/10/2003 • Tree Mitigation Table dvergreen Native Trees(inches) Deciduous Native Trees(inches) Totals dbh notes dbh notes 0-inches 1 52-inches White Oak 2 3 4 5 6 'otal 04nches Total 52-inches 52-inches ree Fund Payment: $ - Tree Fund Payment: $ 1,733.33 $ 1,733.33 ----- ----- --- Oak#2 IS 4 i Oak#1 r� 910'1 \ I _ 071 ITEM NUMBER: B -1 DATE: 06/10/2003 General Plan & Zoning Code Consistency. The General Plan sets no minimum lot size for the Commercial Retail zone district. • The General Commercial Land Use Designation allows for mixed-use projects within the Commercial Retail zone district. However since the Mixed Use zoning ordinance has not yet been approved, site development standards would have to be met before a building permit could be issued for construction to begin. rl:vti .k. Residential Multi- Project ��,: '" Family Zone Site: District-16: Density Units/Acre ♦ r General Commercial Land Use/Commercial Retail Zone District /. The site is in the Commercial Retail zoning district where the mixed-use projects are conditionally allowed. The following findings were made by the Planning Commission to approve a conditional use permit. Originally, it appeared to staff that all of the required findings could be made for the project. • 072 ITEM NUMBER: B -1 DATE: 06/10/2003 Conditional Use Permit Findings 1. The proposed use is consistent with the General Plan. 2. The proposed use satisfies all applicable provisions of the Zoning Ordinance. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in this particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to the property or improvements in the vicinity and the use. 4. The proposed use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. 5. The proposed use will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Mixed Use Findings 6. The project will not result in an over concentration of multi-family residential development within a commercial district. 7. The project is compatible with and will not negatively impact surrounding commercial uses. • 8. The project will not be located on a prime commercial intersection or site that would best be reserved for exclusive commercial development. CONCLUSION: It is the opinion of staff that a better project can be developed for the site with a General Plan Amendment. A single-family unit would be more compatible with the surrounding development and allow for preservation of the 52-inch oak tree and address many of the neighborhood's concerns. The applicant is willing to support this alternative if the General Amendment is not delayed. FISCAL IMPACT: The project would likely have a slight negative impact on City revenues. As a general rule, single-family dwellings require services that exceed the revenue generated by the dwelling. • 073 ITEM NUMBER: B -1 DATE: 06/10/2003 ALTERNATIVES: 0 1. The Council may grant the appeal thereby denying Conditional Use Permit 2002-0085. 2. The Council may uphold the Planning Commission approval of Conditional Use Permit 2002-0085. 3. The Council may refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. ATTACHMENTS: Attachment 1 -- Location Map (General Plan and Zoning) Attachment 2 -- Letter of Appeal, dated April 2, 2003 Attachment 3 -- CUP 2002-0085 Staff Report: Santa Ysabel Mixed-Use Infill Residential Development • • 074 ITEM NUMBER: B -1 DATE: 06/10/2003 • ATTACHMENT 1: Location Map(General Plan/Zoning) APL 2003-0001 ;,t t Santa' k w+S} Project, PD-7T Site. :: :: .... iJi:i:i'ii:; '4+ � 4,4'� ).y. "�[•i. iii::::: , :<iii: • •���� '•„fomm'+w7.3cial .mow ...t..�.. „ii -:%J`3.•••'�'i. �' : :4':iiiii::::i:'t:i:s't::;Yi, .1:' 4 3. •':\'iti:::i. '. ""...... . S ';`ii i}i:i:tf.`i:i::.',A,i'i•::•:.'iiji:::iiij:ii:ij:: �Ah. n'�:i.i:-'?i.v.:..�.�..•.-:'iii:i:::::::,Ci::'i;:'. ``++ is+C.:::ii:':!¢ii:• � 4'.i:•i:•iiiiii::.�.... t':' 'v k ,4 Y. •+1.: i '• anrsGr ::::::::::::::s2::":::j:is;j;i::.:::.ii::::.....�.'•ii:;•:i:i::i:::ii:::;:i: .:?;i:iit.'. �:{::i::::i:::.iiiiii:?:�hiii)'ii::i::i::i::ii:::. i::i'ti;�::•' _, t( •:�:i:;:iii:iii:::+?iilii:::i:i:'..-::ii....• q:-.� :. :f k.. t tt 4 '�S :;:;:;:;:::::'r'':`•:::::::::;:i;:i:;::;r;:>::.;i:.:i:a:.:::.::.::;;;::.;::::i:::�i::ii:::ii;riiti<�:;::;::;:ii;riii:;.;::. '" . 0?5 ITEM NUMBER: B —1 DATE: 06/10/2003 ATTACHMENT 2: Appeal Letter • APL 2003-0001 r: ' > `� � �� r 3S°Fn�l74r LSAS? F 2�3xat T57 E :: �.: <J�l�/ ♦ +.tel ny.= iii . �'f?, l:i + I�..Y �4r�' 4: ♦..F Y7+r. _ ii ..:...i. .,,i: :.i .. 7 :F J F a �Y. � "/.. rs sv 7. : .c 1. . r r �' G i+ �, 4� r it 1 }~f t r r �' <"" t�.J i 7 ! y r r .. 3 a` R !r/r 3 +� .,7.1 Z!�,, a! y :.tn 't .: X.nfM 1 F♦iii? r'+.M�G.,?. ... .;.1 :. ::: .:.: :.. ihD^ /� :'6 r.. ?,, Y j {�J + !� -:{7 ( -rS; ++ p :,3'+ �"j{' f ! 1 rh _r f>-,... i 1�{ ,fes n.> �+'' r� 7,.. Y i` ++Ril.r" rCr ! ,�E,,.�' F �'♦.''! .,F.t,� i + + �� �Fr4 FFl� F +! .3 f F fir. �. +r ♦ 4 + :;_ .af,1� .`r 4` i Y !.!n 'X� +FF" J r 'fl(, •'+ . u �' 7 F♦ 4 tiF . 1 + ?: ♦ + 1 J . f N r �� r� h r' , + f r+ < F r s: �.f/'�7 / :t 3r1nY°/rq . C r 5 ♦ � k :ab ���' ff rt.J Sf ��t� b� r`. �a�r vFr k k, :� x : + 1F + � ! x < f 1 r # .t ,� F r � r ;i f ;a, 4'. 3� z r �o aF r?' w x , . • 076 ITEM NUMBER: B -1 DATE: 06/10/2003 • ATTACHMENT 3: Planning Commission Minutes d CITY OFATASCADERO LAW, I PLANNING COMMISSION MINUTES Regular Meeting March 4, 2003 — 7:00 P.M. CALL TO ORDER Chairperson Fonzi called the meeting to order at 7.02 p.m. and Commissioner Porter led the Pledge of Allegiance. • PLANNING COMMISSION BUSINESS A. Administration of Oath of Office City Clerk Marcia McClure Torgerson administered the Oath of Office to Planning Commission Members Robert Jones, Joan O'Keefe, and Ellen Beraud. ROLL CALL Present: Commissioners Beraud, Jones, O'Keefe, Porter, Bentz, Kelley and Chairperson Fonzi Absent: None Staff: Community Development Director Warren Frace, City Engineer Steve Kahn, Associate Planner Glenn Rider, Planning Services Manager Steve McHarris, Assistant Planner Kelly Davis, Atascadero City Firefighter Peter Gaw and Recording Secretary Grace Pucci. • 077 ITEM NUMBER: B-1 DATE: 06/10/2003 PUBLIC COMMENT Eric Greening, 7365 Valle Avenue, welcomed the new Commissioners and thanked the Commissioners • who had attended the Smart Growth Conference. Mr. Greening spoke about his conclusion that the fear of high density may be unwarranted but it is still warranted if the patterns of auto use are the same as they are with low density. He encouraged the Commission to look at every mechanism they can when approving developments with higher density to encourage a modal shift, i.e. designs of streetscapes that would encourage pedestrian usage and incorporating more areas for shade into the designs. Chairperson Fonzi closed the Public Comment period. Community Development Director requested that agenda Items#8 and 9 be switched. MOTION: By Commissioner Jones and seconded by Vice Chairperson Kelley to switch Items #8 and 9. AYES: Commissioners Jones, Kelley, Bentz, Beraud, Porter, O'Keefe and Chairperson Fonzi NOES: None ABSTAIN: None Motion passed 7:0 by a roll-call vote. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON • FEBRUARY 4. 2003. MOTION: By Commissioner Jones and seconded by Commissioner Bentz to approve the Consent Calendar. AYES: Commissioner Jones,Bentz, Porter, Kelley and Chairperson Fonzi NOES: None ABSTAIN: Commissioners Beraud and O'Keefe Motion passed 5:0 by a roll-call vote. 2. CONDITIONAL USE PERMIT 2002-0085: 7250 SANTA YSABEL Applicant: Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422 Project Title: Conditional Use Permit 2002-0085 Project Location: 7250 Santa Ysabel Project Description: Proposed multi—family residential building located in the Commercial Retail zone district as part.of an contiguous mixed use development. Proposed PROPOSED MITIGATED NEGATIVE DECLARATION 2003-0007: Environmental Based on the findings of the initial study, the Community Development Department Determination recommends that the Planning Commission find that no significant harm would 0-78 ITEM NUMBER: B -1 DATE: 06/10/2003 Determination come to the environment from approval of this project. The proposed Mitigated Negative Declaration is available for public review at 6500 Palma Avenue, Community Development Department, Room 104, from 8:00 a.m. to 5:00 p.m., Monday through Friday Staff Adopt Resolution No. PC 2003-0030 approving CUP 2002-0085 based on findings Recommendation and subject to Conditions of Approval and Mitigation Monitoring; and, Associate Planner Glenn Rider provided the staff report and answered questions of the Commission. Commissioner Beraud indicated that she does not find this project to be a pleasing fit for the area and does not feel she can support the removal of the impacted tree. PUBLIC COMMENT Kelly Gearhart, applicant, stated that he was in agreement with the staff report. He indicated that the project was designed to keep the tree that is to be removed, but it was found to be in poor health. Also, Mr. Gearhart stated that all the neighbors are aware of the project as it is in their CC&R's, and there are several four-plexes in the neighborhood. Mr. Gearhart answered questions of the Commission. Chairperson Fonzi closed the Public Comment period. Commissioner O'Keefe stated it was her opinion that this project would impact the residential development in the area and she would therefore be unable to make the finding that states, "The project will not be inconsistent with the character of the immediate neighborhood," and for this reason would be unable to approve the project. • Chairperson Fonzi asked that if the project is approved, another condition be added to prohibit the use of dumpsters on the site. MOTION: By Vice Chairperson Kelley and seconded by Commissioner Jones to adopt P.C. Resolution No. 2003-0007 approving CUP 2002-0085 to construct a four unit multi-family residential structure at 7250 Santa Ysabel Avenue subject to findings and conditions, adding a condition to prohibit the use of dumpsters, and subject to the following special findings: 1. The project will not result in an over concentration of multi-family residential development within a commercial district. 2. The project is compatible with and will not negatively impact surrounding commercial uses. 3. The project will not be located on a prime commercial intersection or site that would best be reserved for exclusive commercial development. AYES: Commissioners Kelley, Jones, Porter, Bentz and Chairperson Fonzi NOES: Commissioners Beraud and O'Keefe ABSTAIN: None Motion passed 5:2 by a roll-call vote. COMMISSIONER COMMENTS & REPORTS None 079 ITEM NUMBER: B -1 DATE: 06/10/2003 ADJOURNMENT Chairperson Fonzi adjourned the meeting at 11:50 p.m. to the next regularly scheduled meeting on March 18, 2003. MEETING RECORDED BY AND MEETING PREPARED BY: Grace Pucci, Recording Secretary The following exhibits are available for review in the Community Development Department. Attachment A—Larry Bell, written comments Attachment B—Dirk Mulder, written comments Attachment C—San Luis Obispo County Affordable Housing Standards Attachment D—Letter to Commission from Greg Boyer \\Cityhall\CDvlpmnt\-PC Minutes\PC Minutes 03\PC Minutes 03.04.03.gp.doc • • 080 ITEM NUMBER: B-2 DATE: 06/10/2003 g: �:�; Ir;�. 01918, 19 e1 7 "�,A�SCADFg�►; Atascadero City Council Staff Report - Community Development Department Zone Change 2002-0023 Downtown Commercial Zoning Text Amendment (City of Atascadero/Atascadero Main Street, Inc.) RECOMMENDATION: Planning Commission Recommends: Council introduce for first reading, by title only, draft Ordinance approving Zone Change 2002-0023 based on findings. • REPORT-IN-BRIEF: The proposed project consists of a zoning text amendment of the City's Downtown Zoning District ordinance, based upon the request of the Atascadero Main Street organization. The proposed zoning text amendment would permit office, business & vocational school, research & development, health care, and broadcasting service uses on the first floor within the Downtown Commercial (DC) zoning district, with appearance review by the Main Street organization. Also, handicapped-accessible residential units would be allowed on the first floor in non-storefront locations. The proposed amendment is identified in Attachment 2. Situation and Facts: 1. Applicant / Representative: City of Atascadero 6500 Palma Avenue, Atascadero, CA 93422 Phone: 805/461-5035 2. Project Address: Downtown Commercial District, Atascadero, CA 93422 (San Luis Obispo County) 3. General Plan Designation: D (Downtown) 4. Zoning District: DC (Downtown Commercial) 081 ITEM NUMBER: B-2 DATE: 06/10/2003 5. Existing Use: Downtown Commercial, Office and Residential 6. Environmental Status: CEQA Exemption by Statute Section 15061. The project will have no significant effect on the environment DISCUSSION: Background: On July 25, 2000, the City Council adopted the Atascadero Downtown Revitalization Plan that established the downtown zoning district in order to promote development of a lively pedestrian environment by locating shops and restaurants along sidewalks that would attract customers. To this effect, the code restricts first floor office uses (professional and similar office & service uses) and residential uses to the second and third floors of buildings. On April 23, 2002, the Atascadero Main Street organization requested that the Community Redevelopment Agency of Atascadero pay the administrative filing fee of $800.00, which they approved, for Main Street to pursue 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 occurring within the downtown commercial district, as follows: • 1. To allow office, business & vocational school, research & development, health care, and broadcasting service uses on the first floor within the Downtown Commercial (DC) zoning district; and 2. To allow handicapped-accessible residential units as a permitted use to more easily accommodate ADA requirements. While not endorsing or opposing the change, the Redevelopment Agency directed City staff to review the current ordinance and forward the request to the Planning Commission and City Council for consideration. During the past year, the Main Street organization studied their original request and has recently revised their proposal to include an appearance review procedure for the above-stated first floor storefront uses. On April 14, 2003, the Planning Commission held a public hearing for the proposed project. The Planning Commission recommended that the City Council approve the proposed project. Project Definition: The proposed amendment represents a significant change in the Plan's policy direction and implementing ordinance. The Downtown Revitalization Plan identifies the effect of filling existing storefront locations with office-type uses as a detraction for downtown retail business. However, existing economic conditions have 082 ITEM NUMBER: B-2 DATE: 06/10/2003 left storefront locations vacant. Additional downtown factors such as the Carlton Hotel construction may contribute to the inactivity. It is the opinion of staff that completion of the Carlton Hotel, combined with the City's commitment to downtown streetscape and other improvements, recent downtown property acquisition, and the ongoing Atascadero Main Street promotional activities will generate significant interest in downtown retail storefront locations in the near future. Examples of the advantages of retail use versus office use of storefront locations are identified in the photographs below. Staff notes that in addition to the diminished activity generated by office-type uses, these uses often detract from the physical downtown appearance through storefront window tinting, interior window coverings, etc. that maximize the interior office use. The following photos illustrate the exterior storefront appearance of both the office-type uses and the retail-oriented uses. The Planning Commission is recommending that Atascadero Main Street minimize the potential negative storefront effects by requiring appearance review by a committee of the Main Street organization prior to a formal review by City staff. Refer to the attached Main Street review information for further details. Downtown Revitalization Plan: The adopted Atascadero Downtown Revitalization Plan was developed in a collaborative effort of business owners, property owners, members of the public and the City through a series of workshops and committees. The consensus on an overall vision for the Downtown area as it relates to storefronts and first floor uses is defined in the Plan's Community Vision and Land Use sections as follows: Community Vision statement: "The buildings are full and the windows reveal a • range of interesting products and activities within. The storefronts have been refreshed with paint, new signs, awnings and flowers." Land Use statement: "The predominate land use type desired in the Downtown is multi-story mixed uses with retail commercial uses occupying the ground floor and residential uses, offices, and visitor accommodations on the upper stories. Mixed-use development is most conducive to the creation of a pedestrian oriented environment. Occupying this area of the Downtown with first floor retail commercial uses will provide high customer turnover, large volumes of pedestrian traffic, interesting windows and storefront displays, signs designed for pedestrian viewing, and merchandising likely to be purchased in a multiple-stop shopping trip..." 083 1 I � I II \ t ` � a �W.gV3} i � ::; i`i• pp s ? :tf.ii t.::<Y� .C• ��� \ S 'iii}::'.J .0 ��\ti\ :S. ?t:Y ftv: Jxw+ nv� 4: �•vi 3 R afdS hJ \ A :ate•. a}x is i i:a:.}::::��t•' t;:f`•;ew�}::}:}:::i;;. �:, i \:i::i iii. 'i}:v ...tir•:Yv, .................................. :. � 'iii�i}:•}:•::•?}}?}}•nuv::::::::w::::. t \ Qt \\ y 1: 1 I � I II • sus.. : \ \ '\ L mn � i } x 3 w f { kyr::;::,: `;•A«�.,§��• {.k ,ta 9"'rY>I.Y#'� x�. M1� ... y*i y o oa 9 Y K � r { L1. y sP` z w. ,fi } fit,�` - :� """' .: \�, ...,��„ : c ..R•r. • r ; Y W qc}� iY ?A ro} M Eoq ' �' hh v} � v :`22 xv v, ITEM NUMBER: B-2 DATE: 06/10/2003 • Findings: As specified in the City's General Plan and Zoning Ordinance, the following specific findings for the proposed Zone Change shall be made in order to approve the proposed project: Zone Change Findings 1. The proposed zone change is in conformance with the adopted General Plan Goals, Policies, and Programs and the overall intent of the General Plan. 2. The proposed zone change is compatible with existing development, neighborhoods and the environment. 3. The proposed zone change will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts. As recommended by the Planning Commission, the project is consistent with the goals and policies of the General Plan Land Use Element and adopted EIR and mitigation monitoring program, and the Downtown Revitalization Plan. The zone change would not impact commercial activities or viability of nearby commercial properties within the downtown area. Based on staffs analysis in the preceding sections, the Planning Commission recommends that all of the required findings for project approval be made. Environmental Determination: Staff determined that the project is exempt by CEQA Exemption by Statute Section 15061. The project will have no significant effect on the environment. • Conclusion: The ro osed project is consistent with the General Plan and Atascadero p p Municipal Code, as analyzed within this staff report. It is the recommendation of the Planning Commission that the proposed project, as conditioned allows the City Council to make all of the required findings for project approval. FISCAL IMPACT: The project would likely have a slight negative impact on City revenues. As a general rule, office use requires services that exceed the revenue generated by the proposed uses. ALTERNATIVES: The following table summarizes the Main Street proposal and an alternative for City Council consideration: 086 ITEM NUMBER: B-2 DATE: 06/10/2003 ::>w>::::>:::>:::>:::>:::>::>:>:::::>::>::>:>:::>::::>::::>::::>::>::::::>::::::....:: >::>::::>::::»: ' • . .. .tor.:. .::::::::.:::.::.::.�* .man: .:::::.:.::::::.:CTI'. ..... v ..... et � :::.::::..:.:::::::::::::::::::::::::::::::::::::::::::::::.::...:..:: �tiz etk 3'......... .............................................................................................................. ................... 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Office P* CUP Business&Vocational P* CUP School Research& P* CUP Development Health Care P* CUP Broadcasting Service P* CUP ADA Residential P* CUP ATTACHMENTS: Attachment 1: Location Map, Zoning and General Plan Attachment 2: Draft Planning Commission Minutes Attachment 3: Draft Ordinance A -Zone Text Change • 0 °tea ---- IN ON • Downtown Office qZoning MEN ` FR LIWA�-MAM I Downtown Commercial Zoning P I � ITEM NUMBER: B-2 DATE: 6-10-03 Attachment 2-Draft Planning Commission Minutes of 4115/03 • V CITY OF ATASCADERO �` PLANNING COMMISSION MINUTES ..., .: Regular Meeting April 15, 2003 - 7:00 P.M. CALL TO ORDER Chairperson Fonzi called the meeting to order at 7:05 p.m. and Vice Chairperson Kelley led the Pledge of Allegiance. ROLL CALL Present: Commissioners Beraud, Jones, O'Keefe, Porter, Kelley and Chairperson • Fonzi Absent: Commissioner Bentz Staff: Community Development Director Warren Frace, Planning Services Manager Steve McHarris and Recording Secretary Grace Pucci. APPROVAL OF AGENDA There was Commission consensus to approve the agenda. PUBLIC COMMENT Eric Greening stated he appreciated the Commission discussion about the Tree Ordinance at the last meeting and asked if a timeline has been established for addressing suggestions made. Mr. Greening was especially supportive of the suggestion for use of a standardized form for the arborist reports. Community Development Director Warren Frace indicated there was no timeline at this • time, however, based on the comments received from the Commission, staff is working on 089 ITEM NUMBER: B-2 DATE: 6-10-03 • looking at changes to the guidelines in cooperation with the Atascadero Native Tree Association (ANTA). The first order of business for the Council is to work on the inclusionary housing ordinance, but once complete, it is likely that the Tree Ordinance could be one of the next work programs. It would be realistic to expect this item back to the Commission by early summer. Chairperson Fonzi closed the Public Comment period CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON APRIL 1, 2003. 2. FINAL MAP ACCEPTANCE: FMP 2003-0052: TTM 2002-0022 (Tract 2439, Parcel Man AT 02-0236, Parcel Map AT 02-0237) TRAFFIC WAY INDUSTRIAL CONDOMINIUMS. Commissioner O'Keefe pulled Consent Calendar Item #2 for further discussion. • MOTION.• By Vice Chairperson Kelley and seconded by Commissioner Beraud to approve Consent Calendar Item #L AYES.Commissioners Beraud, Porter, O'Keefe, Kelley and Chairperson Fonzi NOES. None ABSTAIN.• Commissioner.Tones (Not present at last meeting.) Motion passed 5:0 by a roll-call vote. Item #2: Commissioner O'Keefe stated that she had previously expressed her concern regarding the inadequate tree protection for this project. The owner eventually responded and put up the tree protection, but there was no arborist report. She indicated that it appears the tree has been impacted by the construction and asked if ayes vote on this item would preclude having an arborist look at the tree to determine if it has been impacted. Community Development Director Frace stated that this item is just the acceptance of the Condominium Map, which is the interior subdivision of the lease spaces. The building final and tree are separate from the Condominium Map. The applicant has been noted that an arborist must assess the condition of the tree and propose any necessary mitigation prior to completion of the project. MOTION.• By Vice Chairperson Kelley and seconded by Commissioner Porter to approve Item #2 of the Consent Calendar. 090 ITEM NUMBER: B-2 DATE: 6-10-03 AYES.Commissioners Porter, OY Chairperson'Kee e, Jones, Beraud, Kelley and Chair P'onzi • .f P NOES. None ABSTAIN. None Motion passed 6:0 by a roll-call vote. 3. ZONE CHANGE 2002-0023 — DOWNTOWN COMMERCIAL FIRST FLOOR USES ZONING TEXT AMENDMENT Applicant: City of Atascadero, 6500 Palma Avenue, Atascadero CA 93422 Project Title: Downtown Commercial Zoning Text Amendment, Zone Change 2002- 0023 Project Location: Atascadero Downtown Commercial District, Atascadero, CA 93422 (San Luis Obispo County) Project The proposed project consists of a zoning text amendment of the City' Description: Downtown Zoning District ordinance, based upon the request of the Atascadero Main Street Organization. The proposed zoning text amendment would permit office, business & vocational school, research & development, health care, and broadcasting service uses on the first floor within the Downtown Commercial (DC) zoning district, with appearance review. Also, handicapped accessible residential units would be allowed on the first floor in non-storefront locations. Proposed CEQA Exemption by Statute Section 15061. The project will have no Environmental significant effect on the environment. Determination Staff Adopt Resolution No. PC 2002-0052 recommending that the City Council Recommendation introduce an ordinance for first reading by title only to approve Zone Change 2003-0023 based on findings. Planning Services Manager Steve McHarris provided the staff report and answered questions of the Commission. PUBLIC COMMENT Mary Chastain, 3855 Highway 41, Templeton, Co-Chair Atascadero Main Street Economic Restructuring Committee, stated that the Main Street organization agrees with • the community vision statement. She informed the Commission that in the last few years, downtown property owners have approached Main Street and asked for assistance in filling 091 ITEM NUMBER: B-2 DATE: 6-10-03 • the vacancies in their buildings. She reviewed the proposed approach and timeline for allowing currently non-permitted uses in the downtown. Ms. Chastain answered questions of the Commission. Bob Wilkins, 6405 El Camino Real, Atascadero Main Street Board of Directors and member of the Design Committee, urged the Commission to accept the proposed amendment. He indicated that Main Street wants to fill the vacancies downtown and at the same time encourage a store-like frontage. Mr. Wilkins answered questions of the Commission. Barbara Combs, 6280 Palma, Co-Chair Atascadero Main Street Design Committee, felt that Main Street has done a good job of emphasizing retail in the downtown. She spoke about dual-purpose usages to encourage life in the downtown. Ms. Combs answered questions of the Commission. Eric Greening commended the Design Committee and stated he would trust them to maintain the downtown vision. He liked the Main Street proposal and asked the following questions: 1) what would be the process if there are disagreements at the staff level, 2) who will fill vacancies on the appearance review committee and should there be a sunset clause, and 3) what would happen if a non-conforming use is approved, becomes successful and wants to stay in the downtown. Tony Ranoletti, 5735 El Camino Real, owner of Virginia Plaza, gave a brief history of the Plaza. He stated that the implementation of restricted usage has hurt their occupancy rate and there are now vacancies, which hurt the other retailers in the Plaza as well as cash flow. He recommended a multiple use status without a hearing process. Mr. Ranoletti answered questions of the Commission. Bob Wilkins responded to several issues raised during Public Comment. Mary Chastain responded to issues raised during the Public Comment period. Chairperson Fond closed the Public Comment period Commissioner Beraud expressed her concern that if the proposed uses are permitted without a Conditional Use Permit (CUP), the downtown is stuck with that business. A CUP allows for a timeline, however she feels the timeline is too long at this time and asked if that time period and the cost of a CUP could be reduced to attract more businesses into the downtown. She was also concerned that there is no mechanism for enforcement of the requirements set by the appearance review committee. Vice-Chairperson Kelley felt there is an obligation to stay with the original restrictions especially for those who are now doing business in the downtown. He would like to keep the current ordinance in place and send this to staff to address the issue of interim guidelines with a time limit for non-retail uses and at the same time making it easier for • preferred uses to come into the downtown. 1092 ITEM NUMBER: B-2 DATE: 6-10-03 Commissioner O'Keefe stated she didn't see a problem with mixed use in the downtown, • but is concerned with dead space. She feels the CUP process is too long and too expensive. She could support allowing more mixed uses without a CUP process with the assurance that the Main Street organization is not going to submit to pressure because they are anxious to have someone fill a vacant space. Commissioner Porter indicated that in his opinion, the businesses within the Main Street district have spoken and want the mixed use. Commissioner Jones agreed with Commissioner Porter. He also feels that the CUP process is too long and too expensive and if there are to be good uses in the downtown, there should be a different process. He is in favor of the Main Street appearance review. Director Frace indicated that the staff recommendation is for no use permit for the permitted uses with appearance review delegated to Main Street and feels this is the best way to expedite the process and still have enough control to guarantee a quality product. Chairperson Fonzi likes the proposal as it encourages businesses to go to the Main Street organization first, creating a more positive atmosphere. She is concerned with the "Approve" and "Decline" wording in the Main Street document and asked if there were a way to codify this so if declined there would be assurance of review by the City. Commissioner O'Keefe suggested the Main Street organization could look at the language and modify the form as needed. MOTION: By Commissioner Jones and seconded by Vice Chairperson Kelley to adopt Resolution No. PC 2003-0045 recommending that the City Council introduce an ordinance for first reading by title only to approve Zone Change 2002-0023 allowing appearance review by the Main Street organization as recommended by staff subject to findings and conditions. AYES: Commissioners Jones, Porter, O'Keefe, Kelley and Chairperson Fonzi NOES: Commissioner Beraud ABSTAIN: None Motion passed 5:1 by a roll-call vote. COMMISSIONER COMMENTS& REPORTS —None COMMUNITY DEVELOPMENT STAFF REPORTS Community Development Director Frace referred to a memo given to the Commission and • asked for feedback on the CUP for Mike Fredericks mini-storage project and the proposed 093 ITEM NUMBER: B-2 DATE: 6-10-03 • change to the architectural treatment. There was Commission discussion and consensus for approval of the proposed changes. Director Frace announced a special joint meeting and study session of the City Council and Planning Commission scheduled for May 7rh at 7:00 p.m. Affordable and workforce housing and the inclusionary ordinance will be discussed; he encouraged all Commission members to attend. ADJOURNMENT Chairperson Fonzi adjourned the meeting at 9:06 p.m. to the next regularly scheduled meeting of the Planning Commission on May 6, 2003. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary • Adopted May 6,2003 IlQyhalllQy1pmn6—PCMinuteslPCMinutes 031PCMinutes. 04-I5-03.Qy.doc • 094 ITEM NUMBER: B-2 DATE: 6-10-03 ATTACHMENT 3: Draft Ordinance A • DRAFT ORDINANCE A A ORDINANCE OF THE CITY OF ATASCADERO AMENDING THE DOWNTOWN COMMERCIAL ZONING CODE TEXT ZCH 2002-0023 TO PERMIT OFFICE, BUSINESS AND VOCATIONAL SCHOOL, RESEARCH AND DEVELOPMENT, HEALTH CARE, AND BROADCASTING SERVICE USES ON THE FIRST FLOOR WITHIN THE DOWNTOWN COMMERCIAL (DC)ZONING DISTRICT,WITH APPEARANCE REVIEW BY THE MAIN STREET ORGANIZATION. ALSO,HANDICAPPED ACCESSIBLE RESIDENTIAL UNITS WOULD BE ALLOWED ON THE FIRST FLOOR IN NON-STOREFRONT LOCATIONS (6500 Palma Avenue/City of Atascadero/Main Street Organization) WHEREAS, the City of Atascadero (6500 Palma Avenue, Atascadero, CA 93422) • has proposed to consider a project consisting of a zoning text amendment of the City's Downtown Zoning District ordinance to permit office, business&vocational school, research& development, health care, and broadcasting service uses on the first floor within the Downtown Commercial (DC) zoning district,with appearance review by the Main Street Organization. Also, handicapped accessible residential units would be allowed on the first floor in non-storefront locations; and, WHEREAS, the site's General Plan Designation is D (Downtown); and, WHEREAS, the site's current zoning district is DC (Downtown Commercial); and, WHEREAS, General Plan Downtown land use designation allows a mix of retail, office, restaurant, personal service, commercial and residential uses as identified in the Downtown Revitalization Plan; and, WHEREAS, the project is exempt from CEQA by Statute Section 15061; and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the zoning text to protect the health, safety and welfare of its citizens by applying orderly development and expanding economic opportunities within the City; and, • 09-5 ITEM NUMBER: B-2 DATE: 6-10-03 • WHEREAS, a timely and properly noticed Public Hearing upon the subject zoning text amendment 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 Atascadero City Council, at a Public Hearing held on June 10, 2003, studied and considered Zone Change 2002-0023, and, NOW, THEREFORE, the City Council takes the following actions: SECTION 1. FINDINGS FOR STATUTORY EXEMPTION 1. The project will have no significant effect on the environment. SECTION 2. FINDINGS FOR APPROVAL OF ZONE TEXT CHANGE. 1. The zone change is consistent with General Plan policies and all other applicable ordinances and policies of the City. 2. Amendment of the zoning ordinance will provide for the orderly development of the community and protect the public welfare. 3. The zone change will not, in itself result in significant environmental impacts in accordance with California environmental laws. SECTION 3. ZONE TEXT CHANGE APPROVAL. 1. Section 15 of Title 9 of the Municipal Code of the City of Atascadero on file in the Community Development Department is hereby amended as shown on the attached Exhibit A, which is made part of this ordinance by reference. 2. The Atascadero City Council, in a regular session assembled on June 10, 2003 resolved to introduce for first reading an ordinance that would amend the City Zoning ordinance with the following: i X96 ITEM NUMBER: B-2 DATE: 6-10-03 DIVISION 9-3 - DOWNTOWN ZONING DISTRICTS Sections: 9-3.261-Purpose of Downtown Districts 9-3.262-Downtown District Allowable Land Uses and Permit Requirements 9-3.263-Downtown District General Development Standards 9-3.261 - Purpose of Downtown Districts The downtown zoning districts are intended to develop an attractive,pedestrian-oriented,and economically successful downtown area by providing for a mixture of commercial, office, and residential land uses in two- and three-story buildings of traditional architectural styles. The purposes of the individual downtown districts are as follows. A. Downtown Commercial (DC) zoning district. The Downtown Commercial (DC) zoning district is intended to enhance the economic viability and pedestrian-oriented character of the downtown by encouraging: 1. A wide range of retail shops,including artisan craft sales andproduction; 2. Restaurants, entertainment facilities, lodging, and non-automotive services (banks, health care, etc.); .. ...y:;::;:;�;;':'>;:•::;:y;:i::-:':;:.:i.:::::i':i':i:;::;:.::;:.:i::;:;::::;:::':;;;::::�:;:r.:y.;:i':ii::::,,;:i�;::,:i':i:;::;::>:i«<ii:.::;:.;;..: ::i:;,;':.;::.:.:::::::::.;':::::::::::::.::,::.:.:i;:::::::._:::: : - . : . v . : va et t -a --:t a : memla + to 4. Residential uses on upper floors. B. Downtown Office (DO) zoning district. The Downtown Office (DO) zoning district is intended to apply to properties that border the DC district, where a wide variety of professional and other office uses will encourage a weekday pedestrian flow that can take advantage of the restaurant and shopping opportunities in the overall downtown area. 097 ITEM NUMBER: B-2 DATE: 6-10-03 • 9-3.262- Downtown District Allowable Land Uses and Permit Requirements The following table identifies the land uses allowed by this Zoning Ordinance in the downtown zoning districts, and the land use permit required to establish each use. In addition to the land use permit required by this Section, special provisions related to certain land uses may apply, Precise Plan approval may also be required for certain uses in compliance with Section 9-1.108.A Building Permit is required prior to any construction. Design Review approval shall be required for all permits, consistent with Appendix A of the Downtown Revitalization Plan. Note: Where the last column in the tables ("Specific Use Regulations") includes a section number, the regulations in the referenced section apply to the use. Provisions in other sections of this Zoning Ordinance may also apply. • 098 ITEM NUMBER: B-2 DATE: 6-10-03 ATASCADERO MUNICIPAL CODE-TITLE 9, ZONING ORDINANCE • Downtown Zoning Districts 9-3.262 C7 r +L > ISS i1i :_P� ::;`:::>:: :..:.., I r r tlasl Llse(.. ::::::':'::::.. I iiulr+ n is ... . I3IOI1..t? 1..ZQ111 ' If ` ;;:: CUpefiiditioitalllsePernuYfe u�ced . :.::::;:::::::::>:: ;:: . ... . Mal " . T 1t OW R > ..... rfi : se ...................................................................................................................................................... 1'1;1 .:......... p::::::::::::::::......_.: ..... LL'dl .i DC D( Regulati .. .. .. .. ...:......::::. ... . ca .: .. ........ .. .. .... .......... .. ....... ... MANUFACTURING&PROCESSING USES Light repair services P — Printing and publishing P P R&D(t)(Research and development including technology) ( } P R&D-Biotechnology,chemical,pharmaceutical CUP RECREATION,EDUCATION&ASSEMBLY USES Membership Organizations CUP — Amusement services P — Indoor recreation services P — Libraries,museums,galleries P — Public parks and playgrounds P P Schools-Public CUP — • Schools-Business and Vocational " CUP Studios Art,dance,martial arts,music,etc. P CUP Public Amusement and Entertainment CUP — RESIDENTIAL USES Home occupations P P 9-6.105 Live/work projects POWN — Multi-family and single-family dwellings Senior citizen housing — KEY TO ZONING DISTRICT SYMBOLS «<DC Downtown Commercial ................ ............... lk > Downtown Office ................ ............... ................ Notes: (Only the notes that apply to this page are shown below.) (1) See Section 9-3.701 for land use descriptions. See Section 9-1.109(d)regarding uses not listed. (2) Plot Plan approval required(9-2.107). Precise Plan approval(9-2.108)may also be required. Conditional Use Permit approval required for all projects over 10,000 sf in floor area and multiple family residential developments consisting of twelve or more units. .. . vii::a :-ip c»s„»,,,>»,>„».•�+»»»..,,,,,,,,,,tr»,,,,,»»»,.+�T.,,,,,,,,,.....,,.,r,,,.,,,....,,,,,,,,.«..,....;,,.,.,,<....:..!:!�>=.:„+>,>,:,•>,,,^„„r,,..:?I�?-..,,,,,»„»,»,pro,,,.•. :�. ::a::unxt::��s�z�t•:1t�::..' : ice>fi; l� �:;kl�;,ti ;dt �aa��� ��:�:i:� �rjx ��c�;; o _��€a : ;:i'r'•i:Fiii"4:i:h:::is'i'•i:::i::•i:i:Y:L4:v:•::.:ii'{:::':::::•:•.iX•:'.ii}:iLi:4:L::Y.^::L"v'•::i::_:.•. {•i':.:'.iiii}i:;4i:F':i.iiii}i::::•i':pii'{'.:.i}ilii:::•i: Flvctx ;; :fl >a:ut►zk' E I :t a _art::e:: st-sf�t . . > y ar31+rc3.::erg cxev : 3ozsAW c ? ,ex? t€, 4� tlr ►:5):::;;:: rrs�*itod: :tl ;eszt :;rtua#a :a :Ir # :axt11e:2�xz€:ar: cd::lia i ;.� c►ndtCiDtaI:: 1 :1?er�ns3t:.;... iretl: Ethin#3 ;. a : r :lrsrgc :l :#Iavr 099 ITEM NUMBER: B-2 DATE: 6-10-03 • AA-ZUWP :: E� 11 :: L� t : .::::::::::::::::::::.'... ...::::;;::::;::.....:;:;::;::. .:. .......... ......::.>:...,:.;.;;....:: : ... ...:.........::. ;.;;::.:.... % .... ........ ..::.... '. 17[1.+ 1 ..:..,,. ...............:....::...... ..:..::...... ... ..::..: ...:.........::: :'::.::':':':::.. . V:X »: ::':::;::,;;'<;,;;>:;;:,;;...,,.,; Con. t�ctnal:tlse.I' max:.re »:.;:.>:;>:.>:.»:.;:.; »>:.>:.>:.;;:.>:;;;;:_;;;:.;:.;CUP: q..::::.. ::,:::.. <.:... :...,: ....:.tJs 'rwt. d.... .... .:...........::....: I' M >:::<::::::.::::::?;:: I'T:I2UTR ......;... eei£ie Use .. ....... .. . :::.:.:.:.:.:................:..;.:;.-.;.;.:;...:;...;.::.:.:...;.;.:;...:;...::....;.:;.;.::.:;.;:.;...............................:... :. : :. 1 �E....... ::: TCD :: :::.:... .: . . :. .. ...:: : ......... . 1T. : : :: .......................: .. RETAIL TRADE Artisan shops P — Auto and vehicle dealerships-Indoor display/sales only CUP — Building materials and hardware-All activities indoors P — Eating and drinking places-Without drive-thru P — Food and beverage retail sales P — Furniture,home furnishings and equipment P — General Merchandise P — Temporary or seasonal sales P — 9-6.174 SERVICES Automated teller machines(ATMs) P P Banks and financial services-Without drive- CUP P through Bed and Breakfast CUP — Business services P P Child/adult day care centers — CUP Government offices and facilities P P Hotels and motels CUP — Health care services ` .:: P Offices-F— Personal services P — KEY TO ZONING DISTRICT SYMBOLS ............... 17 Downtown Commercial ................ .......... ..... ................ .... .......... ............... D ><: Downtown Office ............... ................ ............... .............. Notes: (Only the notes that apply to this page are shown below.) (1) See Section 9-3.701 for land use descriptions. See Section 9-1.109(d)regarding uses not listed. (2) Plot Plan approval required(9-2.107). Precise Plan approval(9-2.108)may also be required. t TConditional Use Permit approval required for all projects over 10,000 sf in floor area. ...........::.:...............:........:::��.�.'!.fi� �y ,�y.�} p ... .:"???i.fi $�(,k'1�..�$�^::.:.....:?�lCjE •�t ^��i3aF:����,1.£�lCY .::::::::::::::::::::::::::.�::::::::::::::::::::::::.::::1 ..................... ........ ...,?%,>?��Er# i�:�"�•99��f�:�#!���"3i't�i� � �i#�.:...":.:#3 :....�� .1,�lCi� i:.:::..:#3....:.: :::':�lY%� ��lt�#;'�#':!4:�1? :::::::::::.::::::::::::::::::::::::::::.::.:...... :::......::::::::.. .........................:......:.......... ...::::;.;:• :::: :.............:.:..................................::..:•::::............ ::.:::.::::::...:::::.::::..:..::::::::.:::::::.:::::::...::::::..::::..:::::::::.:::::::::.:::::.:::.:.:::.: . ::::::::: :: ......;:;, ....:........: ....:... ..:...... :... t...: ...... ............ r' :iiIi ....:, .... s: t ::: :. : ,;: r'Iet :: :: g ::.:::::::::.::.::.::::.::.::.::::::::.. :::::::.::..:... . .... ......:........ ... ::::...::y:..:. ..::::::: •::. .:. ::::::::._:::::::::::::::::::.�::::..::::::.:[M1:Ci?i':4i::•�i....ti....`.....i' iii?ii:'::4i}:tr:?Fi}iiY..}iii:'r S:.iiii:.:::iiii: •axf: �:.Xuxl U ITEM NUMBER: B-2 DATE: 6-10-03 Al oTse and Perm . 1 rt#E UIQ( � • Ike a�r �rnn Cj ' : > ox�datxoz�aJ Use P xcxut xegzxxed x nt w ::.:...:. .L? 6 tCt ..: ......:. .....LTse iiot ai[trwe. PFsTIzTTUIRE7.: . ......... 3pexfic Use L N U 1 6 TQC: ] I'ieguia..... ........:.................. ...............:.:.....................:.:.:..::::.:.::..:.............:::.....:.....:..::. TRANSPORTATION,COMMUNICATIONS,&INFRASTRUCTURE USES Broadcasting studios CUP(; P Transit stations and terminals CUP CUP Utility facilities CUP CUP KEY TO ZONING DISTRICT SYMBOLS ................ «b Downtown Commercial ............... ................ ............... Downtown Office ............... ................ ............... Notes: (Only the notes that apply to this page are shown below.) (1) See Section 9-3.701 for land use descriptions. See Section 9-1.109(d)regarding uses not listed. (2) Plot Plan approval required(9-2.107). Precise Plan approval(9-2.105)may also be required. Conditional Use Permit approval required for all projects over 10,000 sf in floor area. • • ITEM NUMBER: 7 DATE: 1-21-03 • 9-3.263- Downtown District General Development Standards Subdivisions,new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in the following table, in addition to the other applicable development standards of this Zoning Ordinance. lie uxemerit b noun n�strrct l teveloprnent Feature 13 I ©tivnto�vnCammeeial T]ow�ntownClee .. Minimum lot size No minimum Setbacks Minimum and maximum setbacks required. See Section 9-4.103 for setback measurement,allowed projections into setbacks,and exceptions to setbacks. Front None allowed,except for building As required by Section 9-4.106 insets designed to accommodate when adjacent to a residential outdoor eating and seating areas, zone,none required otherwise. and except for East and West Mall between El Camino Real and . Palma Avenue,where a minimum of 20 ft is required. Sides(each) None required Rear None required Creek To be determined t ough Design Review Height limit 45-feet not to exceed 3 stories;18 35 ft feet on the west side of El Camino Real between Atascadero Creek and the lot line common to Lots 19 and 20,Block H-B,Atascadero Colon Map- Landscaping As required by Sections 9-4.124 et seq.(Landscaping,Screening and Fencing) Off-street parking None required,except as required As required by Sections 9-4.114 et by 9-4.114 for hotels,motels,and seq. residential uses,and for all development east of Atascadero Creek. Signs See Section 9-15.0005(6) Density .a 4l.p. exe ...a dl.....4..r. «.�..�.-.« 17:,.1.Tl......:4..T4.114: L'amilu . • :�1#t1: �t1 ::€ .....a�� lil?weltx�: �it .ate 102 SECTION 3. Effective Date. This ordinance shall be effective a 12:01 a.m. on the 31t day after its final passage. On motion by Council Member , and seconded by Council Member the foregoing resolution is hereby adopted following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: By: Jerry L. Clay, Sr., Mayor Attest: • Marcia McClure Torgerson, City Clerk Approved as to form: Roy A. Hanley, City Attorney i 103