HomeMy WebLinkAboutAgenda Packet 03/08/2005 Ai ■A I ■
19i$ 1 CITY OF A TASCADERO
CITY COUNCIL
AGENDA
Tuesday, March 89 2005
7:00 P.M.
Atascadero Lake Pavilion
9315 Pismo St.
Atascadero, California
REDEVELOPMENT AGENCY: 6:30 P.M.
• REGULAR SESSION: 7:00 P.M.
PLEDGE OF ALLEGIANCE: Council Member Luna
ROLL CALL: Mayor Scalise
Mayor Pro Tem O'Malley
Council Member Clay
Council Member Luna
Council Member Pacas
COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to
address the Council on any matter not on this agenda and over which the Council has
jurisdiction. Speakers are limited to five minutes. Please state your name and address
for the record before making your presentation. The Council may take action to direct
the staff to place a matter of business on a future agenda. A maximum of 30 minutes
will be allowed for Community Forum, unless changed by the Council.)
APPROVAL OF AGENDA: Roll Call
COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council
Members may make a brief announcement or a brief report on their own activities.
Council Members may ask a question for clarification, make a referral to staff or take
action to have staff place a matter of business on a future agenda. The Council may
take action on items listed on the Agenda.)
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. City Council Meeting Minutes February 8, 2005
■ City Clerk Recommendation: Council approve the City Council minutes of
February 8, 2005. [City Clerk]
2. January 2005 Accounts Payable and Payroll
■ Fiscal Impact: Total expenditures for all funds is$2,629,289.51.
■ Recommendation: Council approve certified City accounts payable,
payroll and payroll vendor checks for January 2005. [Administrative
Services]
3. Vintage Homes: Single Family Planned Development Zone Change 2004-
0086 (Atascadero Ave. /Caliber Home Developments)
■ Fiscal Impact: Based upon the conditions of approval, the project would
have a slight negative impact on the General Fund.
■ Recommendations: Council:
1. Adopt on second reading, by title only, draft Ordinance A approving •
Zone Text Change 2004-0086 establishing a PD-25 Overlay District
based on findings and with staff's recommended change to parking
requirements; and,
2. Adopt on second reading, by title only, draft Ordinance B approving
Zone- Change 2005-0095- -based on findings. [Community
Development]
4. Final Map 2004-0073 (Tract 2448) (TTM 2002-0018) (1200 La Costa Court/
CS Nino Construction)
■ Fiscal Impact: None.
■ Recommendations: Council:
1. Accept Final Parcel Map 2004-0073 (Tract 2448); and,
2. Reject, without prejudice to future acceptance, the offer of dedication
for Public Utility Easement; and,
3. Authorize City Manager to execute Subdivision Improvement
Agreement; and,
4. Authorize City Manager to execute Road Maintenance Agreement with
CS Nino Construction, Inc.; and,
5. Authorize City Manager to sign Agreements to Provide Housing Unit
for persons and family of low income; and,
6. Approve draft Resolution accepting La Costa Court for roadway and
incidental purposes. [Public Works]
• 5. Final Map 2004-0077 (Tract 2546) (TTM 2003-0032) (4900 Obispo Road -
ShoresMilson)
■ Fiscal Impact: None.
■ Recommendations: Council:
1. Accept Final Parcel Map 2004-0077 (Tract 2546);and,
2. Reject, without prejudice to future acceptance,the offers of dedication
for Streets.and Public Utility Easement; and,
3. Authorize City Manager to execute a Subdivision Improvement
Agreement; and,
4. Authorize City Manager to sign Agreements to provide housing units
for persons and family of low income. [Public Works]
6. Final Map 2004-0090 (Tract 2628) (TTM 2004-0053) (7257 Parriza Court -
Gearhart/Wilson)
■ Fiscal Impact: None.
■ Recommendation: Council accept Final Parcel Map 2004-0090 (Tract
2628). [Public Works]
7. Final Map 2004-0088 (Parcel Map AT 03-0192) (TPM 2003-0036) (5460
Mariquita Ave. - FeytkoMilson Land Surveys)
■ Fiscal Impact: None.
• Recommendations: Council:
1. Accept final Parcel Map 2004-0088 (Parcel Map AT 03-0192);and,
• 2. Reject, without prejudice to future acceptance, the offer of dedication of
the public utility easement. [Public Works]
8. Sidewalk Improvement Project — Phase I (Bid No. 2005-002)
■ Fiscal Impact: Total expenditure of $304,051.00.
e Recommendations: Council:
1. Authorize the City Manager to execute an agreement with Granite
Construction Company in the amount of $129,268.25 for construction
of the Sidewalk Improvement Project— Phase I; and,
2. Authorize the City Manager to execute up to $95,000.00 in Change
Order # 1 with Granite Construction Company; and,
3. Authorize the City Manager to execute additional change orders up to
20% of the project construction cost ($224,270.00); and,
4. Authorize Public Works Director to file Notice of Completion upon
project completion. [Public Works]
9. Zone Change 2003-0075 1 7257 Parriza Court (Gearhart/Wilson Land
Surveys)
■ Fiscal Impact: The project would likely have a slight negative impact on
City revenues.
■ Recommendation: Council adopt on second reading, by title only, draft
Ordinance A approving Zone Change 2003-0075 based on findings.
i [Community Development]
10. Garcia Road Bridge Right of Way Acquisition
■ Fiscal Impact: $17,300.00 (80% from the Highway Bridge Replacement
and Rehabilitation Program Funds and 20% from Circulation Fees).
■ Recommendations: Council:
1. Authorize the City Manager to execute the Easement Purchase
Agreements for the Garcia Road Bridge; and,
2. Authorize the City Clerk to accept the permanent and temporary
easements for the Garcia Road Bride; and,
3. Authorize the Administrative Services Director to pay the Grantors per
the Easement Purchase Agreements for the Garcia Road Bridge.
[Public Works]
B. PUBLIC HEARINGS:
1. Zone Change 2004-0094: Commercial Zoning District Code Text
Amendments
• Fiscal Impact: Proposal is revenue neutral.
■ Recommendations: Planning Commission Recommends: Council:
1. Adopt Resolution A certifying Proposed Mitigated Negative Declaration
2004-0045; and,
2. Introduce for first reading, by title only, draft Ordinance A approving •
Zone Text Change 2004-0094 updating the CR, CT, CS, and CPK
zoning districts, and updating land use definitions based on findings,
and with staff recommended changes. [Community Development]
C. MANAGEMENT REPORTS:
1. Downtown Revitalization Plan — Endorsement of the Downtown
Revitalization Implementation Strategy
• Fiscal Impact: None.
■ Recommendations: Council:
1. Adopt the draft resolution defining the downtown study area and setting
forth policies and priorities for the area; and,
2. Prioritize public investment opportunities in the downtown study area.
[City Manager's Office]
2. Commission Appointments
■ Fiscal Impact: None.
■ Recommendation: Council receive oral report regarding the status of the
recruitment process of commissioners, appointment of commissioners by
individual Council Members, and give City Clerk direction. [City Clerk]
•
• 3. Ordinance for Establishing Regulations for Medical Marijuana
Dispensaries
■ Fiscal Impact: None.
■ Recommendations: Council:
1. Adopt an extension of the urgency ordinance extending a temporary
moratorium on Medical Marijuana Dispensaries; or,
2. Adopt the attached ordinance establishing Medical Marijuana
Dispensaries as a conditional use in Atascadero. [Police]
D. COMMITTEE & LIAISON REPORTS: (The following represent standing
committees. Informative status reports will be given, as felt necessary):
Mayor Scalise
1. County Mayor's Round Table
2. Atascadero State Hospital Advisory Board
3. Local Agency Formation Commissions (LAFCO)
Mayor Pro Tem O'Malley
1. Finance Committee
2. Air Pollution Control District (APCD)
. 3. Economic Vitality Corporation, Board of Directors (EVC)
4. League of California Cities— Grassroots Network
5. City/ Schools Committee
6. Economic Opportunity Commission (EOC)
Council Member Clav
1. S.L.O. County Flood Control & Water Conservation District Water Resources
Advisory Committee
2. Nacimiento Water Purveyors Contract Technical Advisory Group
3. North County Water Purveyors Group
Council Member Luna
1. SLO Council of Governments (SLOCOG) / S.L.O. Regional Transit Authority
(SLORTA)
2. Finance Committee
Council Member Pacas
1. Integrated Waste Management Authority (IWMA)
2. City/ Schools Committee
3. Atascadero Youth Task Force
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council •
2. City Clerk
3. City Treasurer
4. City Attorney
5. City Manager
F. ADJOURNMENT:
Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that
person may limited to raising those issues addressed at the public hearing described in this notice, or in written
correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this
public hearing will be distributed to the Council and available for review in the City Clerk's office.
I, Shannon Sims, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury
that the foregoing agenda for the March 8, 2005 Regular Session of the Atascadero City Council was
posted on March 2, 2005 at the Atascadero City Hall Annex, 6905 EI Camino Real, Suite 6,
Atascadero, CA 93422 and was available for public review in the Customer Service Center at that
location.
Signed this 2nd day of March, 2005 at Atascadero, California.
Shannon Sims, Deputy City Clerk •
City of Atascadero
•
City of Atascadero
WELCOME TO THE ATASCADERO CITY COUNCIL MEETING
ee City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m., at the
Atascadero Pavilion on the Lake, 9315 Pismo St., Atascadero. Matters are considered by the Council in the order of the
printed Agenda.
Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file
in the office of the City Clerk and are available for public inspection during City Hall Annex business hours at the Central
Receptionist counter and on our website, www.atascadero.org. An agenda packet is also available for public review at
the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be allocated a number once they
are approved by the City Council. The minutes of this meeting will reflect these numbers. All documents submitted by the
public during Council meetings that are either read into the record or referred to in their statement will be noted in the
minutes and available for review in the City Clerk's office.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting
or other services offered by this City, please contact the City Manager's Office or the City Clerk's Office, both at (805)
461-5000. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in
assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
TO SPEAK ON AGENDA ITEMS
Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their
report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and
will request anyone interested to address the Council regarding the matter being considered to step up to the podium. If
you wish to speak for, against or comment in any way:
• You must approach the podium and be recognized by the Mayor
• Give your name and address (not required)
• Make your statement
• • All comments should be made to the Mayor and Council
• No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other
individual, absent or present
• All comments limited to 5 minutes (unless changed by the Council)
• No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no
one may speak more than twice on any item.
If you wish to use a computer presentation to support your comments, you must notify the City Clerk's office at least 24
hours prior to the meeting. Access to hook up your laptop to the City's projector will be provided. You are required to
submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk before the
meeting begins to announce your presence and turn in the printed copy.
The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be
heard by the Council
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the
Council to:
• Please approach the podium and be recognized
• Give your name and address (not required)
• State the nature of your business
This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be
allowed for Community Forum (unless changed by the Council).
TO HAVE ITEMS PLACED ON AGENDA
ISbusiness matters to appear on the Agenda must be in the Office of the City Manager 14 days preceding the Council
eting. 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.
ITEM NUMBER: A- 1
DATE: 03/08/05
9 19 CITY OF ATASCA DERO
CITY COUNCIL
DRAFT MINUTES
Tuesday, February 8, 2005
7:00 P.M.
REGULAR SESSION: 7:00 P.M.
Mayor Scalise called the meeting to order at 7:00 p.m. and Council Member Clay led
the Pledge.of Allegiance.
iROLL CALL:
Present: Council Members Clay, Luna, Pacas, O'Malley and Mayor Scalise
Absent: None
Others Present: City Clerk/ Assistant to City Manager Marcia McClure Torgerson
and Deputy City Clerk Grace Pucci
Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis,
'Administrative Services Director Rachelle . Rickard, Community
Development Director Warren Frace, Public Works Director Steve
Kahn, -Community Services Director Brady Cherry, Fire Chief Kurt
Stone, Deputy Public Works Director Geoff English,
Redevelopment Specialist Marty Tracey, Deputy Community
Development Director Steve McHarris, Police Lt. Carol Robinson
and City Attorney Patrick Enright.
COMMUNITY FORUM:
Pastor Johnny Johnson, Atascadero Ministerial Association, led those present in prayer.
CC Draft Minutes 02/08/05
Page 1 of 6
7
'ITEM NUMBER: A- 1
DATE: 03/08/05
Steve Martin, Atascadero Main Street Executive Director, announced the Main Street
Sweethearts Stroll scheduled for Saturday, February 12th, 1:00 to 4:00 p.m., in the
downtown.
Eric Greening asked the Council to set up a time line for moving forward toward
establishing better transportation service for the community.
George Walker and Bill Clavasal, asked for clarification on whether Atajo Road is
private and requested the issue be agendized for a future meeting.
Mayor Scalise closed the Community Forum period.
City Manager Wade McKinney stated he would look into the question of Atajo'Road and
provide a report for Council who could then decide if the item should be agendized.
APPROVAL OF AGENDA:
MOTION: By Council Member Luna and secondedby Council Member
Clay to approve the agenda.'
Motion passed 5:0 by a roll-call vote:
PRESENTATIONS:
1. Proclamation designating Tuesday, February 22, 2005, as "Spay Day
USA":
Mayor Pro Tern
O'Malley read the Proclamation and presentedit-to K_aYCe Daniels,
Director of Animal Care for the North County Humane Society. Ms. Daniels thanked the
Council and spoke about services offered by the North County Humane Society.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Mayor Pro Tem O'Malley announced he has appointed Bill Ausman to the Parks and
Recreation'Commission.
City Clerk Marcia McClure Torgerson explained the current makeup of the Parks and
Recreation Commission, the process for selection, and the status of the student
representative applications.
Mayor Pro Tem O'Malley thanked those'who have authorized a $5 per paycheck
deduction to support the League of California Cities.
CC Draft Minutes 02/08/05
Page 2 of 6
8
ITEM NUMBER: A- 1
DATE: 03/08/05
A. CONSENT CALENDAR:
1. City Council Meetinq Minutes January 11 2005
■ City Clerk Recommendation: Council approve the City Council meeting
minutes of January 11,2005. [City Clerk]
2. December 2004 Accounts Payable and Payroll
■ Fiscal Impact: Total expenditures for all funds is $3,083,885.89.
Recommendation: Council approve certified City accounts payable,
payroll and payroll vendor checks for December 2004. [Administrative
Services]
3. Final Map 2003-0064 (Tract 2491) 8805 San Rafael Road (TTM 2002
0023)(Gearhart/Wilson)
■ Fiscal Impact: None.
■ Recommendations: Council:
1. Accept Final Parcel Map 2003-0064 (Tract 2491); and,
2. Reject, without prejudice to future acceptance the offer of dedication for
public utility easement; and,
.3. Authorize City Manager to execute Subdivision Improvement
Agreement. [Public Works]
4. Santa Cruz Rehabilitation Project Contract Change Order No 3
Bid No. 2003-08
Fiscal Impact: An additional $90,390.47, bringing the total cost of the
project to $706,073.84.
■ Recommendations: Council:
1. Authorize the City Manager to sign Contract Change Order
No. 3 for$90,390.47 with Souza Construction, Inc. -
2. Authorize the City Manager to approve any additional necessary
Change Orders with Souza Construction Inc. up to $10,000.00.
3. Authorize the Director of Administrative Services to appropriate an
additional $139,670 from the Circulation System Impact Fees Fund for
this project.
4. Authorize the City Manager to file a Notice of Completion on the project
when complete. [Public Works]
MOTION: By Council Member Luna and seconded by Council Member
Clay to approve Items #A-1, 2, 3 and 4.
Motion passed 5:0 by a roll-call vote.
I
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ITEM NUMBER: A- 1
DATE: 03/08/05
B. STUDY SESSION:
1. Downtown Revitalization Plan Update The City Council will receive a
presentation from Staff discussing updates to the City's Downtown
Revitalization Plan. No formal -action on the subject will be taken at this
meeting.
Assistant City Manager Jim Lewis,; Redevelopment Specialist Marty Tracey, City Clerk
Assistant to City Manager Marcia McClure Torgerson, and Community Development
Director Warren Frace gave the presentation and answered questions of Council.
Council Members were asked to answer two questions: 1) what would they most like to
see in the downtown, and 2) whether anything is missing from the plan.
Council Member Clay: Likes it all and wants to go forward.
Council Member Luna:
1. Most needed: a reason for people to come downtown.
2. Missing: an estimate of the number of parking spaces needed and the number
currently provided. Consideration of FEMA funds and their impacts on
prioritization of projects.
3. Other concerns: Will City Hall continue to be used as such once restoration is
complete? What is the timing on the Colony Square project? The Rose Garden
and Colony House should be included in the plan.
Council Member Pacas:
1. Most needed: decorative lighting and streetscapes extended to other areas of
the downtown.
2. Missing: a location for a parking area where at some future date a parking
structure could be built.
Mayor Pro Tem O'Malley:
1. Most needed: a focus on strategic economic planning including income
enhancement, balance of businesses, parking mix and emergency service
response.
2. Other priorities: likes historical preservation component, natural landscape
buffering tied in with the creek, inclusion of artscape, attention given to what
rest of community will look like and the transition to other areas.
Mayor Scalise:
1. Most needed: a theater complex, should be the next step.
2. Missing: clarification and facilitation of zoning changes.
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10
ITEM NUMBER: A- 1
DATE: 03/08/05
PUBLIC COMMENT
Joanne Main, Atascadero Chamber of Commerce, would like to know what changes will
occur in areas surrounding the downtown as well as the future implications of the plan.
Joan O'Keefe expressed concern that the public has not been able to adequately
participate in this process. More input is needed from the residents of Atascadero.
Eric Greening commented on the need for additional public input before money is spent
on a conceptual idea and stated his concerns regarding preservation of the creek as
surrounding projects develop. He would like to see the schools remain in the downtown
near the Youth Center.
William Artfeld expressed concern regarding lack of public input, lighting, speeding on
Traffic Way, the need for better bus service, and creek improvements. He suggested
renaming the downtown and Traffic Way, and supported artscape in the downtown.
Mary Chastain, Chamber of Commerce and Main Street, stated the public has had a lot
of input in the process and she is pleased with the downtown plan.
Steve Martin, Executive Director Atascadero Main Street, encouraged the Council to
look at the big picture and suggested the following: look at providing library services in
the downtown, a performing arts center located downtown, conference facilities, change
in use for properties on the west side of El Camino Real, and educating property
owners of zone changes.
Wendy Richardson asked Council to think about parking.problems in the downtown, to
enforce signage regulations,_and to provide lighting throughout the downtown.
Kelly Gearhart indicated that events planning should be the number one priority for use
of funds. He also spoke about property owners' responsibility for improving their own
properties.
Barbara Combs spoke of the importance of having color in the street urns throughout
the downtown, and stated funds are needed to increase the Main Street staff.
Bobby Nunez spoke about the importance of better lighting for the streets, and
suggested speed limits on Traffic Way and EI Camino Real to be lowered.
Mayor Scalise closed the Public Comment period.
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Page 5 of 6
11
ITEM NUMBER: A- 1
DATE: 03/08/05
C. COMMITTEE & LIAISON REPORTS:
Mayor Scalise
1. Atascadero State Hospital Advisory Board: ;Patients will be transferred to
Coalinga in August.
Mayor Pro Tem O'Malley
1. Air Pollution Control District (APCD): Mayor Pro Tem O'Malley has been
elected to Vice Chair.
Council Member Clay
1. S.L.O. County Flood Control & Water Conservation District Water Resources
Advisory Committee: Discussed forming a committee for conservation, and
are in the process of updating the bylaws.
Council Member Luna
1. SLO Council of Governments (SLOCOG) / S.L.O. Regional Transit Authority
(SLORTA): Held ,their unmet needs hearing, nothing came up to affect
Atascadero. The long range transit plan was discussed.
D. INDIVIDUAL.DETERMINATION AND/OR ACTION:
City Manager
City Manager Wade McKinney spoke about new municipal finance quick
reference guides available to Council Members from the Institute of Local Self
Government.
E. ADJOURNMENT:
Mayor Scalise adjourned the meeting at 8:54 p.m. to the next regularly scheduled
meeting of the City Council on February 22, 2005.
MEETING RECORDED AND MINUTES PREPARED BY:
Grace Pucci, Deputy City Clerk
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ITEM NUMBER: A 2
■ ■■ ■ ■ DATE: 03/08/05
lois i
�EB�Uj
Atascadero City Council
Staff Report- Administrative Services Department
January 2006 Accounts Payable and Payroll
RECOMMENDATION:
Council approve certified.City accounts payable, payroll and payroll vendor checks for
January 2005.
DISCUSSION:
Attached for City Council review and approval are the following:
Payroll
Dated 1/13/05 Checks # 20520 - 20591
$ 78,255.74
Direct Deposits 166,658.34
Dated 1/27/05 Checks#20592 -20656 62,840.79
Direct Deposits 140,797.43
Accounts Payable
Dated 1/1/05 - 1/31/05 Checks# 98199- 98583
& EFTs 326 -328 2,180,737.21
TOTAL AMOUNT $ 2,6291289:51
FISCAL IMPACT:
Total expenditures for all funds is $ 2,629,289.51
CERTIFICATION:
The undersigned certifies that the attached demands have been released for payment
and that funds are available for these demands.
�21'n-t C U, J,
Rachelle Rickard, Director o Administrative Services
Approved by the City Council at a meeting held March 22, 2005.
ATTACHMENT: Marcia McClure Torgerson, C.M.C.; City Clerk
January 2005 Eden Warrant Register in the amount of $ 2,180 737.21
13
City of Atascadero
Disbursement Listine
For the Month of January 2005
Check Check
Number Date Vendor Description Amount
328 1/3/2005 MID-STATE BANK Accounts Payable Check 128.30
326 1/4/2005 MID-STATE BANK Payroll Vendor Payment 36,063.90
98199 1/7/2005 A&T ARBORISTS Accounts Payable Check 800.00
98200 1/7/2005 ACCESS GRAPHICS Accounts Payable Check 2,683.99
98201 1/7/2005 ACTIVE MEDICAL&SAFETY Accounts Payable Check 57.75
98202 1/7/2005 ADAMSON POLICE PRODUCTS Accounts Payable Check 1,315.96
98203 1/7/2005 ALL ABOUT PRODUCE,CORP. Accounts Payable Check 228.90
98204 1/7/2005 AMERICAN WEST TIRE&AUTO INC Accounts Payable Check 33.10
98205 1/7/2005 ANDERSON'S AUTO SERVICES Accounts Payable Check 85.75
98206 1/7/2005 ANTECH DIAGNOSTICS
Accounts Payable Check 90.25
98207 1/7/2005 ARAMARK UNIFORM SERVICES Accounts Payable Check 71.86
98208 1/7/2005 GINA ARIAS Accounts Payable Check 11.25
98209 1[7/2005 ATASCADERO FORD Accounts Payable Check 1,216.50
98210 1/7/2005 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 151.50
98211 1/7/2005 ATASCADERO RUBBER STAMP CO Accounts Payable Check28.85
98212 1/7/2005 ATASCADERO UNIFIED SCHOOL DIST Accounts Payable Check 655.
98213 1/7/2005 BASIC CHEMICAL SOLUTIONS,LLC Accounts Payable Check 823.9
98214 1/7/2005 BASSET-IS CRICKET RANCH,INC. Accounts Payable Check 48.89
98215 1/7/2005 BATTERY SYSTEMS Accounts Payable Check 57.86
98216 1/7/2005 CINDY K.BENSON Accounts Payable.Check, 71.40
98217 1/7/2005 BEST BEST&KRIEGER LLP Accounts Payable Check 18,464.50
98218 1/7/2005 BEST SELF STORAGE Accounts.Payable Check 420.00
98219 1/7/2005 BEST WESTERN COLONY INN Accounts Payable Check 706.75
98220 1/7/2005 TOM BIRKENFELD Accounts Payable Check 175.00
98221' 1/7/2005 BUENA GEOTECHNICAL SERVICES Accounts Payable Check 175.00
98222 1/7/2005 BUTLER BUSINESS MACHINES Accounts Payable Check 120.00
98223 1/7/2005 CAL-COAST IRRIGATION,INC Accounts Payable Check 49.07
98224 1/7/2005 CAL-COAST REFRIGERATION,INC Accounts Payable Check 550.44
98225 1/7/2005 CALIFORNIA CHAMBER OF COMMERCE Accounts Payable Check 308.79
98226 1/7/2005 CALIFORNIA CODE CHECK Accounts Payable Check 190.00
98227 1/7/2005 CALIFORNIA ELECTRIC SUPPLY Accounts Payable Check 21,986.25
98228 1/7/2005 CALIFORNIA J.P.I.A. Accounts Payable Check 11,460.00
98229 1/7/2005 SOL CAMPOS Accounts Payable Check 23.
98230 1/7/2005 CELLULAR ONE
Accounts payable Check 2,48 L
14
City of Atascadero
Disbursement Listing
For the Month of January 2005
Check Check
Number Date
Vendor Description Amount
98231 1/7/2005 CENTRAL COAST LOCK&KEY Accounts Payable Check 220.54
98232 1/7/2005 CENTRAL COAST STRIPING Accounts Payable Check 6,187.05
98233 1/7/2005 BRADY CHERRY Accounts Payable Check 300.00
98234 1/7/2005 JERRY L.CLAY Accounts Payable Check 75.00
98235 1/7/2005 COAST ELECTRONICS Accounts Payable Check 33,165.78
98236 1/7/2005 COASTAL IMAGING SUPPLIES Accounts Payable Check 293.87
98237 1/7/2005 CRYSTAL SPRINGS WATER Accounts Payable Check 31.75
98238 1/7/2005 DARRYL'S LOCK AND SAFE Accounts Payable Check 538.35
98239 1/7/2005 SANDRA N.DEAL PH.D. Accounts Payable Check 290.00
98240 1/7/2005 DECOU LUMBER COMPANY Accounts Payable Check 8.13
98241 1/7/2005 DFM ASSOCIATES Accounts Payable Check 46.12
98242 1/7/2005 DIAMONDBACK FIRE&RESCUE,INC Accounts Payable Check 142.57
98243 1/7/2005 ECONOMIC OPPORTUNITY.COMMISSIO Accounts Payable Check 2,884.50
98244 1/7/2005 EL CAMINO ASSOCIATES Accounts Payable Check 2,800.00
98245 1/7/2005 EL CAMINO HOMELESS ORG. Accounts Payable Check 6,257.28
98246 1/7/2005 EL CAMINO VETERINARY HOSP Accounts Payable Check 109.00
98247 1/7/2005 EXXON MOBIL Accounts Payable Check 900.60
98248 1/7/2005 FENCE FACTORY ATASCADERO Accounts Payable Check 408.05
98249 1/7/2005 FERRELL'S AUTO REPAIR Accounts Payable Check 314.19
98250 1/7/2005 FGL ENVIRONMENTAL Accounts Payable Check 1,314.50
98251 1/7/2005 FIRE MAINTENANCE COMPANY,LLC Accounts Payable Check 56.00
98252 1/7/2005 CANDYCE FLOHAUG Accounts Payable Check 76.25
98253 1/7/2005 FOOD FOR LESS Accounts Payable Check 61.77
98254 1/7/2005 WARREN FRACE Accounts Payable Check 300.00
98255 1/7/2005 FRAZEE INDUSTRIES,INC. Accounts Payable Check 26.97
98256 1/7/2005 FURNITURE INSTALLATION TEAM Accounts Payable Check 95.00
98257 1/7/2005 GAS COMPANY Accounts Payable Check 1,712.69
98258 1/7/2005 GEM AUTO PARTS Accounts Payable Check 106.67
98259 1/7/2005 GIBBS INTERNATIONAL TRUCKS Accounts Payable Check 206.34
98260 1/7/2005 KENNETH GLYNN Accounts Payable Check 172.90
98261 1/7/2005 CECILIA GOTTFRIED Accounts Payable Check 100.00
98262 1/7/2005 GRANITE CONSTRUCTION,INC. Accounts Payable Check 290,322.64
98263 1/7/2005 GREENAWAY CONSTRUCTION Accounts Payable Check 736.00
98264 1/7/2005 ANN HALL Accounts Payable Check 3,757.00
98265 1/7/2005 ROCHELLE O.HANSON Accounts Payable Check 220.00
98266 1/7/2005 HART IMPRESSIONS PRINT© Accounts Payable y Check 626.90
15
City of Atascadero
Disbursement Listing
For the Month of January 2005
Check Check
Number Date Vendor
Description Amount
98267 1/7/2005 HOBBY BODY&PAINT SHOP Accounts Payable Check 2,070.45
98268 1/7/2005 VALERIE HUMPHREY Accounts Payable Check 84.00
98269 1/7/2005 INGLIS PET HOTEL Accounts Payable Check 210.27
98270 1/7/2005 INTERNATIONAL COUNCIL OF Accounts Payable Check 50.00
98271 1/7/2005 J.CARROLL Accounts Payable Check 453.88
98272 1/7/2005 ARTHUR JAZWIECKI Accounts Payable Check 25.00
98273 1/7/2005 JIFFY LUBE#1932 PCJL,INC. Accounts Payable Check 94.43
98274 1/7/2005 JOBS AVAILABLE,INC. Accounts Payable Check 132.48
98275 1/7/2005 K-MART Accounts Payable Check 10.71
98276 1/7/2005 STEVEN KAHN Accounts Payable Check 300.00
98277 1/7/2005 JAMES R.LEWIS Accounts Payable Check 310.00
98278 1/7/2005 LIEBERT CASSIDY WHITMORE Accounts Payable Check 1,350.00
98279 1/7/2005 LIMELIGHT MUSIC AND GIFTS Accounts Payable Check 7.50
98280 1/7/2005 GEORGE W.LUNA Accounts Payable Check 75.00
98281 1/7/2005 LYNDON'S AUTOMOTIVE Accounts Payable Check' 331.07
98282 1/7/2005 ANNETTE MANIER Accounts Payable Check 12.75
98283 1/7/2005 KERRY MARGASON Accounts Payable Check 30.3
98284 1/7/2005 CHRISTOPHER L.MARSHALL Accounts Payable Check 220.0
98285 1/7/2005 RUSSELL G.MATTHEWS Accounts Payable Check 5.00
98286 1/7/2005 DAN MCGAULEY Accounts Payable Check 175.00
98287 1/7/2005 WADE MCKINNEY Accounts Payable Check 590.00
98288 1/7/2005 MID-COAST GEOTECHNICAL;INC:_
Accounts Payable Check 498.00
98289 1/7/2005 MIKE MINTEY EMT Accounts Payable Check 5.00
98290 1/7/2005 MINER'S ACE HARDWARE Accounts Payable Check 58.84
98291 1/7/2005 MATTHEW J.MIRANDA Accounts Payable Check 175.00
98292 1/7/2005 MISSION UNIFORM SERVICE Accounts Payable Check 44.42
98293 1/7/2005 MPH INDUSTRIES,INC. Accounts Payable Check 1,830.18
98294 1/7/2005 NABER TECHNICAL ENTERPRISES Accounts Payable Check 85.00
98295 1/7/2005 NATIONAL ARBOR DAY FOUNDATION Accounts Payable Check 15.00
98296 1/7/2005 NEOPOST,INC. Accounts Payable Check 476.19
98297 1/7/2005 THOMAS P.O'MALLEY Accounts Payable Check 75.00
9.8298 1/7/2005 OFFICE DEPOT INC. Accounts Payable Check 500.96
98299 1/7/2005 OUTLET TOOL SUPPLY Accounts Payable Check 458.32
98300 1/7/2005 BECKY J.PACAS Accounts Payable Check 75.00
98301 1/7/2005 PACIFIC GAS AND ELECTRIC Accounts Payable Check 146.4
16
City of Atascadero
Disbursement Listing
For the Month of January 2005
Check Check
Number Date Vendor
Alsk Description Amount
IF 98302 1/7/2005 PERRY'S PARCEL SERVICE Accounts Payable Check 17.50
98303 1/7/2005 FINANCE DEPARTMENT PETTY CASH Accounts Payable Check 214.28
98304 1/7/2005 PIERCE MANUFACTURING,INC. Accounts Payable Check 739,674.00
98305 1/7/2005 PRICE PLASTERING Accounts Payable Check 3.00
98306 1/7/2005 PROFORCE LAW ENFORCEMENT Accounts Payable Check 761.25
98307 1/7/2005 GRACE L.PUCCI Accounts Payable Check 285.00
98308 1/7/2005 QUILL CORPORATION
Accounts Payable Check 1;706.57
98309 1/7/2005 RECOGNITION WORKS Accounts Payable Check 153.27
98310 1/7/2005 RED'S PLUMBING Accounts Payable Check 237.50
98311 1/7/2005 REESE WATER&LAND SURVEYING S Accounts Payable Check 1,128.89
98312 1/7/2005 RACHELLE RICKARD Accounts Payable Check 300.00
98313 1/7/2005 ROTARY OF ATASCADERO Accounts Payable Check 200.00
98314 1/7/2005 SAN LUIS AMBULANCE Accounts Payable Check 1,173.15
98315 1/7/2005 SAN LUIS OBISPO CO OFF.OF EDU Accounts Payable Check 360.00
98316 1/7/2005 SAN LUIS OBISPO COUNTY SHERIFF Accounts Payable Check 24,012.45
98317 1/7/2005 SAN LUIS POWERHOUSE Accounts Payable Check 270.00
98318 1/7/2005 SBC Accounts Payable Check 849.81
98319 1/7/2005 SBC/MCI Accounts Payable Check 482.03
98320 1/7/2005 WENDY SCALISE Accounts Payable Check 75.00
98321 1/7/2005 LISETTE SCHOLL Accounts Payable Check 16.80
98322 1/7/2005 SETINA MFG CO.,INC. Accounts Payable Check 183.27
98323 -1/7/2005- -ROLAND H.SNOW Accounts Payable Check 270.00
98324 1/7/2005 SOUTHWEST SERVICES Accounts Payable Check 229.17
98325 1/7/2005 SOUZA CONSTRUCTION INC. Accounts Payable Check 34,049.12
98326 1/7/2005 SSDTTF Accounts Payable Check 517.00
98327 1/7/2005 AMBER STOVER Accounts Payable Check 85.00
98328 1/7/2005 SUN BADGE COMPANY Accounts Payable Check 29.25
98329 1/7/2005 TARVIN&ASSOCIATES Accounts Payable Check 1,140.00
98330 1/7/2005 TAYLOR RENTAL Accounts Payable Check 196.25
98331 1/7/2005 TEMPLETON UNIFORMS Accounts Payable Check 593.26
98332 1/7/2005 TIME WARNER TELECOM Accounts Payable Check 1,193.35
98333 1/7/2005 MARCIA TORGERSON Accounts Payable Check 60.00
98334 1/7/2005 TOSTE GRADING&PAVING Accounts Payable Check 17.50
98335 1/7/2005 MARTIN TRACEY Accounts Payable Check 77.63
98336 1/7/2005 UNION PACIFIC RAILROAD CO Accounts Payable Check 412.60
8337 1/7/2005 USA BLUE BOOK Accounts Payable Check 1,868.87
17
City of Atascadero
Disbursement Listing
For the Month of January 2005
Check Check
Number Date Vendor Description Amo,u�nt
98338 1/7/2005 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 1 349.0
Y ,
98339 1/7/2005 VARIAN,INC. Accounts Payable Check 1,072.50
98340 1/7/2005 VERIZON WIRELESS Accounts Payable Check 700.49
98341 1/7/2005 WATER ENVIRONMENT FEDERATION Accounts Payable Check 139.00
98342 1/7/2005 TOM WAY Accounts Payable Check 80.00
98343 1/7/2005 WESTATES TRUCK EQUIPMENT CORP Accounts Payable Check 1,327.65
98344 1/7/2005 JANELLE WHALEY Accounts Payable Check 6.60
98345 1/7/2005 SUSAN M.WILLIAMS Accounts Payable Check 13.20
98346 1/7/2005 JEFF WILSHUSEN Accounts Payable Check 220.00
98347 1/10/2005 AFLAC Payroll Vendor Payment 3,332.90
98348 1/10/2005 BLUE CROSS OF CALIFORNIA Payroll Vendor Payment 84,543.71
98350 1/10/2005 BLUE SHIELD OF CALIFORNIA Payroll Vendor Payment 1,727.60
98351 1/10/2005 DELTA DENTAL,ATrN:ACCOUNTING Payroll Vendor Payment 8,180.62
98352 1/10/2005 THE STANDARD UNIT 22 Payroll Vendor Payment 952.53
98353 1/13/2005 ATASCADERO FIRE DEPT EMP.ASSN Payroll Vendor Payment 360.00
98354 1/13/2005 ATASCADERO FIRE RESERVES ASSN Payroll Vendor Payment 65.0
98355 1/13/2005 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 20.4
98356 1/13/2005 ATASCADERO POLICE OFFICERS ASN Payroll Vendor Payment 351.77
98357 1/13/2005 FAMILY SUPPORT DIVISION Payroll Vendor Payment 207.69
98358 1/13/2005 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 12;097.81
98359 1/13/2005 EMPLOYMENTDEV.DEPARTMENT
Payroll Vendor Payment 1,100.47
98360 1/13/2005 MATTHEW R.GIL Accounts Payable Check 59.99
98361 1/13/2005 HARTFORD LIFE INSURANCE Payroll Vendor Payment 11,121.92
98362 1/13/2005 ICMA RETIREMENT TRUST-457 Payroll Vendor Payment 14,838.46
98363 1/13/2005 KENNEDY CLUB FITNESS Payroll Vendor Payment 110.00
98364 - 1/13/2005 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 479.88
98365 1/13/2005 PERS LONGTERM CARE PROGRAM Payroll Vendor Payment 16.19
98366 1/13/2005 PUBLIC EMPL RETIREMENT SYSTEM Payroll Vendor Payment 55,482.68
98367 1/13/2005 SEN LOCAL 620 AFL-CIO Payroll Vendor Payment 655.66
98368 1/13/2005 SLO CREDIT UNION Payroll Vendor Payment 500.00
98369 1/13/2005 UNITED WAY OF SLO COUNTY Payroll Vendor Payment 28.00
98370 1/13/2005 ATASCADERO MAIN STREET Accounts Payable Check 225.00
98371 1/13/2005 QUEST DIAGNOSTIC Accounts Payable Check 398.00
327 1/18/2005 MID-STATE BANK Payroll Vendor Payment 50,053.8*
18
City of Atascadero
Disbursement Listing
For the Month of January 2005
Check Check
Number Date
Vendor Description- Amount
98372 1/20/2005 AXA EQUITABLE Accounts Payable Check 44.53
98373 1/20/2005 RIVERSIDE COUNTY SHERIFFS DEPT Accounts Payable Check 334.00
98374 1/21/2005 ACE INDUSTRIAL SUPPLY Accounts Payable Check 136.08
98375 1/21/2005 ALL ABOUT PRODUCE,CORP. Accounts Payable Check 1,007.00
98376 1/21/2005 ALLAN HANCOCK COLLEGE Accounts Payable Check 80.00
98377 1/21/2005 ALLAN HANCOCK COLLEGE Accounts Payable Check 488.00
98378 1/21/2005 AMERICAN INDUSTRIAL SUPPLY Accounts Payable Check 74.65
98379 1/21/2005 AMERICAN SANITATION Accounts Payable Check 68.64
98380 1/21/2005 AMERICAN ZOO AND AQUARIUM ASSC Accounts Payable Check 85.00
98381 1/21/2005 ANDIAMO TELECOM Accounts Payable Check 37.67
98382 1/21/2005 ANTECH DIAGNOSTICS Accounts Payable Check 392.25
98383 1/21/2005 ARAMARK Accounts Payable Check 400.99
98385 1/21/2005 ARAMARK UNIFORM SERVICES Accounts Payable Check 655.86
98386 1/21/2005 ARCH Accounts Payable Check 667.44
98387 1/21/2005 AT&T
98388 1/21/2005 AT&T WIRELESS Accounts Payable Check 37.39Accounts Payable Check 23.80
98389 1/21/2005 ATASCADERO CHAMBER OF COMMERCE Accounts Payable Check 450.00
98390 1/21/2005 ATASCADERO FORD Accounts Payable Check 1,253.53
98391 1/21/2005 ATASCADERO LOAVES&FISHES Accounts Payable Check 6,000.00
98393 1/21/2005 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 1,951.50
98394 -1/21/2005 —ATASCADERO NATIVE TREE ASSC. Accounts Payable Check 500.00
98395 1/21/2005 BASSETTS CRICKET RANCH,INC.
Accounts Payable Check 56.33 it
98396_ 1/21/2005 . BATTERY SYSTEMS Accounts Payable Check 478.12 '
98397 1/21/2005 BEST BEST&KRIEGER LLP
Accounts Payable Check 256.71 �
98398 1/21/2005 BEST WESTERN COLONY INN Accounts Payable Check 498.04
98399 1/21/2005 BLUEPRINTER Accounts Payable Check 8,79
98400 1/21/2005 BOARD OF EQUALIZATION Accounts Payable Check 280.00
98401 1/21/2005 BOB'S CRANE SERVICE Accounts Payable Check 500.00
98402 1/21/2005 GREG BRAZZI Accounts Payable Check 70.00
98403 1/21/2005 BRENDLER JANITORIAL SERVICE Accounts Payable Check 1;010.00
98404 1/21/2005 CASEY BRYSON Accounts Payable Check 175.00
98405 1/21/2005 BUENA GEOTECHNICAL SERVICES Accounts Payable Check 1,550.00
98406 1/21/2005 CAL-COAST IRRIGATION,INC
09 8407 1/21/2005 CAL-COAST MACHINERY,INC Accounts Payable Check 1,742.56
8408 1/21/2005 CAL-COAST REFRIGERATION,INC Accounts Payable Check 70.79
Accounts Payable Check 711.25
19
City of Atascadero
Disbursement Listine
For the Month of January 2005
Check Check
Number Date Vendor Description Amount
98409 1/21/2005 CANNON ASSOCIATES Accounts Payable Check" 7,562.0
98410 1/21/2005 CCAPA Accounts Payable Check 90.00
98411 1/21/2005 CDW GOVERNMENT,INC. Accounts PayableCheck515.88
98412 1/21/2005 CENTRAL COAST FENCE,INC. Accounts Payable Check 35,460.00
98413 1/21/2005 CENTRAL COAST SEA FOOD Accounts Payable Check 148.50
98414 1/21/2005 CENTRAL COAST STRIPING Accounts Payable Check 1,938.00
98415 1/21/2005 CHEM CLEAN Accounts Payable Check 173.64
98416 1/21/2005 CHEVRON Accounts Payable Check 1,093.85
98417 1/21/2005 CHICAGO GRADE LANDFILL Accounts Payable Check 60.00
98418 1/21/2005 JOSEPH CHOUINARD P.E. Accounts Payable Check 632.50
98419 1/21/2005 CLEAN WATER OUTLET Accounts Payable Check 35.00
98420 1/21/2005 COASTAL IMAGING SUPPLIES Accounts Payable Check 558.78
98421 1/21/2005 COASTLINE EQUIPMENT Accounts Payable Check 471.38
98422 1/21/2005 COUNTY OF SAN LUIS OBISPO Accounts Payable Check 165.00
98423 1/21/2005 CPRS Accounts Payable Check 125.00
98424 1/21/2005 CREDIT BUREAU Accounts Payable Check 4.72
98425 1/21/2005 CRYSTAL SPRINGS WATER Accounts Payable Check 121.25
98426 1/21/2005 CTM GROUP,INC. Accounts Payable Check 38.5
98427 1/21/2005 DALLAS CROWN,INC Accounts Payable Check 4,700.91
98428 1/21/2005 DARRYL'S LOCK AND SAFE Accounts Payable Check 39.69
98429 1/21/2005 DECOU LUMBER COMPANY Accounts Payable Check 74.31
-98430 -1/21/2005 DEPARTMENT OF TRANSPORTATION
Accounts Payable Check 3.00
98431 1/21/2005 DLT SOLUTIONS,INC. Accounts Payable Check 360.36
98432 1/21/2005 RICHARD DUTRA Accounts Payable Check 200.00
98433 1/21/2005 EDEN SYSTEMS,INC. Accounts Payable Check 15,624.53
98434 1/21/2005 EL CAMINO CAR WASH LLC Accounts Payable Check 49.95
98435 1/21/2005 EL CAMINO HOMELESS ORG. Accounts Payable Check 496.01
98436 1/21/2005 ESCUELA DEL RIO Accounts Payable Check 121.50
98437 1/21/2005 FARM SUPPLY COMPANY Accounts Payable Check 91.02
98438 1/21/2005 FEDERAL EXPRESS Accounts Payable Check 198.32
98439 1/21/2005 FERRELL'S AUTO REPAIR Accounts Payable Check 906.78
98440 1/21/2005 FLO-SYSTEMS,INC
Accounts Payable 1
y e Check 46,043.50
98441 1/21/2005 FOOD FOR LESS Accounts Payable Check 44.86
98442 1/21/2005 KEN FORMAN Accounts Payable Check 14.17
98443 1/21/2005 FRAZEE INDUSTRIES,INC. Accounts Payable Check 27.8
98444 1/21/2005 GALL'S INC. 0
Accounts Payable Check 132.23
20
City of Atascadero
Disbursement Listing
For the Month of January 2005
Check Check
Number Date
Vendor Description Amount
98445 1/21/2005 GAS COMPANY
Accounts Payable Check 1,559.21"
98446 1/21/2005 GATEWAY COMPANIES,INC. Accounts Payable Check 672.46
98447 1/21/2005 PETER GAW Accounts Payable Check 40.00
98448 1/21/2005 GEM AUTO PARTS Accounts Payable Check 165.40
98449 1/21/2005 GLENN,BURDETTE,PHILLIPS,& Accounts Payable Check 1,500.00
98450 1/21/2005 GOLDING CONCRETE SAWING Accounts Payable Check 192.00
98452 1/21/2005 GRAVES CREEK ESTATES,LLC Accounts Payable Check 22,313.15
98453 1/21/2005 GRISANTI HARDWARE Accounts Payable Check 13.03
98454 1/21/2005 H.D.PETERSON Accounts Payable Check 635.67
98455 1/21/2005 HALLETT'S BACKHOE SERVICE,INC Accounts Payable Check 380.00
98456 1/21/2005 HART IMPRESSIONS PRINT© Accounts Payable Check 673.41
98457 1/21/2005 HINDERLITER,DE LLAMAS Accounts Payable Check 1,019.65
98462 1/21/2005 I.M.P.A.C.GOVERNMENT SERVICES Accounts Payable Check 21,519.55
98463 1/21/2005 INFORMATION TECHNOLOGY Accounts Payable Check 149.72
98464 1/21/2005 INGLIS POLICE DOG ACADEMY Accounts Payable Check 1,200.00
98465 1/21/2005 J&S SWEEPING SERVICE Accounts Payable Check 880.00.
98466 1/21/2005 JAKE FANNING CONSTRUCTION Accounts Payable Check 2,108.12
98467 1/21/2005 JESPERSEN'S TIRE SERVICE,INC. Accounts Payable Check 474.91
98468 1/21/2005 JIFFY LUBE#1932 PCJL,INC. Accounts Payable Check 92.88
98469 1/21/2005 KEN'S MOBIL SERVICE Accounts Payable Check 2,419.91
98470 1/21/2005 KINKO'S Accounts Payable Check 25.74
98471 1/21/2005 KPRL 1230 AM Accounts Payable Check 68.00
98472 1/21/2005 KRITZ EXCAVATING&TRUCKING Accounts Payable Check 127.68
98473 1/21/2005 MIKE LA PLANT
Accounts Payable Check 2,900.00
98474 1/21/2005 LEAGUE OF CALIFORNIA CITIES Accounts Payable Check 8,462.00
98475 1/21/2005 LEWIS PARTNERS Accounts Payable Check 570.00
98476 1/21/2005 LOCATE PLUS CORPORATION Accounts Payable Check 15.00
98477 1/21/2005 LYNDON'S AUTOMOTIVE Accounts Payable Check 61.53
98478 1/21/2005 MADRONE LANDSCAPING Accounts Payable Check 6,425.85
98479 1/21/2005 MANAGED HEALTH NETWORK,INC. Accounts Payable Check 265.55
98480 1/21/2005 BECKY MAXWELL Accounts Payable Check 36.91
98481 1/21/2005 ROBERT MAXWELL Accounts Payable Check 242.21
98482 1/21/2005 WADE MCKINNEY Accounts Payable Check 100.00
98483 1/21/2005 MEDWORKS,INC. Accounts Payable Check 85.00
98484 1/21/2005 MID-COAST MOWER&SAW Accounts Payable Check 35.89
I
21
City of Ataseadero
Disbursement Listine
For the Month of January 2005
Check Check
Number Date Vendor Description Amount
98485 1/21/2005 MINER'S ACE HARDWARE Accounts Payable Check 27.43
98486 1/21/2005 MATTHEW J.MIRANDA Accounts Payable Check 50.00
98487 1/21/2005 MISSION UNIFORM SERVICE Accounts Payable Check 24.59
98488 1/21/2005 DAVID MONGE Accounts Payable Check 30.00
98489 1/21/2005 MORRO GROUP,INC. Accounts Payable Check 15,363.15
98490 1/21/2005 TIM MOSCARDI Accounts Payable Check 3,574.03
98491 1/21/2005 MICHAL S.MOSES Accounts Payable Check 837.02
98492 1/21/2005 MUNIFINANCIAL Accounts Payable Check 2,255.23
98493 1/21/2005 MUNIMETRDC SYSTEMS CORPORATION Accounts Payable Check 480.00
98494 1/21/2005 NEW EDGE NETWORKS TRANSEDGE Accounts Payable Check 279.95
98495 1/21/2005 NEWCO DISTRIBUTORS,INC. Accounts Payable Check 662.92
98496 1/21/2005 NORTH COAST ENGINEERING INC. Accounts Payable Check 13,705.10
98497 1/21/2005 OCEANO SAND CO. Accounts Payable Check 1,176.40
98498 1/21/2005 OFFICE DEPOT INC. Accounts Payable Check 160.99
98499 1/21/2005 ORCHARD SUPPLY HARDWARE Accounts Payable Check 37.62
98500 1/21/2005 OUTLET TOOL SUPPLY Accounts Payable Check 155.87
98501 1/21/2005 PACIFIC AUTO GLASS Accounts Payable Check 284.3
98503 1/21/2005 PACIFIC GAS AND ELECTRIC Accounts Payable Check 25,081.4
98504 1/21/2005 PASO ROBLES SAFE&LOCK Accounts Payable Check 95.00
98505 1/21/2005 PAUL W.RIDDLE LANDSCAPE SVC Accounts Payable Check 10.00
98506 1/21/2005 KATHLEEN A.PENCE Accounts Payable Check 3,347.50
-98507 1/21/2005 PERKINS,ELLEN Accounts Payable'Check 10.00
98508 1721/2005 PERRY'S PARCEL SERVICE Accounts Payable Check 122.75
98509 1/21/2005 TOM PETERSON Accounts Payable Check 409.00
98510 1/21/2005 PFEIFFER PARTNERS,INC. Accounts Payable Check 99,469.64
98511 1/21/2005 PFLUM'S ATASCADERO MUFFLER Accounts Payable Check 249.06
98512 1/21/2005 SCOTT E.PIPAN Accounts Payable Check 337.01
98513 1/21/2005 PITNEY BOWES,INC. Accounts Payable Check 131.92
98514 1/21/2005 PJ'S TOP SHOP Accounts Payable Check 3,966.11
98515 1/21/2005 PLAN TAG Accounts Payable Check 12.45
98516 1/21/2005 POOR RICHARD'S PRESS Accounts Payable Check 42.50
98517 1/21/2005 PRINT LOGIC,INC.
Accounts Payable Check 70.00
98518 1/21/2005 PROCARE JANITORIAL SUPPLY Accounts Payable Check 911.95
98519 1/21/2005 PSOMAS Accounts Payable Check 55,439.87
98520 1/21/2005 PUBLIC SAFETY TRAINING CONSULT Accounts Payable Check 196.0
98521 1/21/2005 GRACE L.PUCCI Accounts Payable Check 292.50
22
City of Atascadero
Disbursement Listing
For the Month of January 2005
Check Check
Number Date
Vendor Description Amount
098522 1/21/2005 PVP COMMUNICATIONS,INC.
Accounts Payable Check 225.00
98523 1/21/2005 QUILL CORPORATION Accounts Payable Check 311.57
98524 1/21/2005 STEVE ROMO Accounts Payable Check 50.00
98525 1/21/2005 ROSSI TRANSPORT SERVICE Accounts Payable Check 53.63
98526 1/21/2005 SAFETY-KLEEN INC. Accounts Payable Check 208.05
98527 1/21/2005 SAN LUIS OBISPO COUNTY FIRE Accounts Payable Check 112.00
98528 1/21/2005 SAN LUIS OBISPO COUNTY VISITOR Accounts Payable Check 3,960.00
98529 1/21/2005 SAN LUIS PAPER Accounts Payable Check 138.05
98530 1/21/2005 SAN LUIS PERSONNEL INC. Accounts Payable Check 1,072.14
98531 1/21/2005 SANTA MARIA TIRE,INC. Accounts Payable Check 2,317.82
98532 1/21/2005 SBC Accounts Payable Check 332.66
98533 1/21/2005 SBC SMART YELLOW PAGES Accounts Payable Check 192.00
98534 1/21/2005 SBC/MCI Accounts Payable Check 399.33
98535 1/21/2005 SECONDARY MIND Accounts Payable Check 225.00
98536 1/21/2005 RICHARD J.SHANNON Accounts Payable Check 450.00
98537 1/21/2005 SHELL Accounts Payable Check 64.87
98538 1/21/2005 SHORES SERVICE Accounts Payable Check 315.04
98539 1/21/2005 SLIP&SPIP PROGRAMS Accounts Payable Check 1,979.38
98540 1/21/2005 SLO COUNTY FIRE DEPARTMENT Accounts Payable Check 60.00
98541 1/21/2005 JASON SMITH Accounts Payable Check 50.00
98542 1/21/2005 SOUZA CONSTRUCTION INC. Accounts Payable Check 82,101.18
98543 1/21/2005 `MICHAEL STORNETTA Accounts Payable Check 160.00
98544 1/21/2005 STACEY STRAND Accounts Payable Check 10.00
98545 1/21/2005 SUSAN SULLIVAN Accounts Payable Check 55.00
98546 1/21/2005 SUNLIGHT JANITORIAL Accounts Payable Check 1,509.60
98547 1/21/2005 SUPERIOR QUALITY COPIERS,INC. Accounts Payable Check 644.77
98548 1/21/2005 SYLVESTER'S SECURITY ALARMS Accounts Payable Check 690.00
98549 1/21/2005 TEMPLETON UNIFORMS Accounts Payable Check 137.28
98550 1/21/2005 TITAN INDUSTRIAL&SAFETY Accounts Payable Check 227.03
98551 1/21/2005 MARCIA TORGERSON Accounts Payable Check 91.50
98552 1/21/2005 TRAINING&DEVELOPMENT ASSC Accounts Payable Check 425;00
98553 1/21/2005 TRIBUNE
Accounts Payable Check 1,812.56
98554 1/21/2005 U.S.BANK Accounts Payable Check 862.50
98555 1/21/2005 ULTREX BUSINESS PRODUCTS Accounts Payable Check 231.76
8556 1/21/2005 UNION ASPHALT,INC. Accounts Payable Check 1,142.58
23
City of Atascadero
Disbursement Listing
For the Month of January 2005
Check Check
Number Date Vendor Description - Amount
98557 1/21/2005 USA BLUE BOOK Accounts Payable Check 409.11
98558 1/21/2005 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 1,931.45
98559 1/21/2005 VERIZON WIRELESS Accounts Payable Check 329.03
98560 1/21/2005 TOM WAY Accounts Payable Check 80.00
98561 1/21/2005 BRIAN WESTERMAN Accounts Payable Check 459.00
98562 1/21/2005 WILLDAN Accounts Payable Check 8,398.57
98563 1/25/2005 JENNIFER HUDGINS Accounts Payable Check 1,400.00
98564 1/25/2005 BEST SELF STORAGE Accounts Payable Check 1,362.00
98565 1/25/2005 EL CAMINO ASSOCIATES Accounts Payable Check 5,973.00
98582 1/27/2005 SAN LUIS OBISPO CO.CLERK Accounts Payable Check 1,275.00
98566 1/28/2005 ATASCADERO FIRE DEPT EMP.ASSN Payroll Vendor Payment 360.00
98567 1/28/2005 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 20.00
98568 1/28/2005 ATASCADERO POLICE OFFICERS ASN Payroll Vendor Payment 351.77
98569 1/28/2005 AXA EQUITABLE Payroll Vendor Payment 371.15
98,570 -1/28/2005 FAMILY SUPPORT DIVISION Payroll Vendor Payment 207.69
98571 1/28/2005 EMPLOYMENT DEV DEPARTMENT payroll Vendor Payment 7,086.51
98572 1/28/2005 EMPLOYMENT DEV.DEPARTMENT payroll Vendor Payment 1,003.88
98573 1/28/2005 HARTFORD LIFE INSURANCE Payroll Vendor Payment 8,071.92
98574 1/28/2005 ICMA RETIREMENT TRUST-457 Payroll Vendor Payment 838.46
98575 1/28/2005 KENNEDY CLUB FITNESS Payroll Vendor Payment 110.00
98576 1/28/2005 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 578.07_
98577 1/28/2005 PERS LONG TERM CARE PROGRAM Payroll Vendor Payment 16.19
98578 1/28/2005 PUBLIC EMPL RETIREMENT SYSTEM Payroll Vendor Payment 55,028.61
98579 1/28/2005 SEIU LOCAL 620 AFL-CIO Payroll Vendor Payment 653.96
98580 1/28/2005 SLO CREDIT UNION Payroll Vendor Payment 500.00
98581 1/28/2005 UNITED WAY OF SLO COUNTY Payroll Vendor Payment 28.00
98583 1/31/2005 VINTAGE CATERING&CAFE Accounts Payable Check 1,885.40
$ 2,180,737.21
24
ITEM NUMBER: A-3
DATE: 03/08/05
Atascadero City Council
Staff Report - Community Development Department
Vintage Homes
Single Family Planned Development Zone Change 2004-0086
.(Atascadero Avenue / Caliber, Home Developments)
RECOMMENDATIONS:
Council.
1. Adopt on second reading, by title only, draft Ordinance A approving Zone
Text Change 2004-0086 establishing a PD-25 'Overlay District based on
findings and with staff's recommended change to parking requirements; and,
2. Adopt on second reading, by title only, draft Ordinance B approving Zone
Change 2005-0095 based on findings.
DISCUSSION:
The proposed project consists of a Zone Text Change to establish a Planned
Development #25 Overlay Zone, and Zone Map Amendment to establish a PD-25
Overlay Zone over the subject site with a corresponding Master Plan of Development
(CUP) and vesting Tentative Tract Map that would allow a 12-unit attached multi-family
residential planned development.
On February 22, 2005, the City Council _conducted a public hearing to consider
establishment of a PD-25 overlay zone and application of the overlay zone change on
the subject parcel
25
FISCAL IMPACT:
"Based on findings from the Taussig Study, revenue from new residential development
including property tax revenues; vehicle licensing fees, sales taxes, and other revenues
are insufficient to cover the maintenance and emergency services costs of new
development. Based on the revenue projections from the Taussig Study, the City has
developed standard conditions ofapproval for new development projects that require
the cost of maintenance and emergency services to be funded by the project through a
combination of road assessment districts, landscape and lighting districts and
community facilities districts.
ATTACHMENTS:
Attachment 1: Draft Ordinance A
Attachment 2: Draft Ordinance B
26
ATTACHMENT 1:,Draft Ordinance A
DRAFT ORDINANCE A
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING THE
ATASCADERO MUNICIPAL CODE BY APPROVING.ZONE CHANGE
2004-0086 TO ESTABLISH PLANNED DEVELOPMENT OVERLAY
DISTRICT#25
(Atascadero Ave/ Caliber Home Developments)
The City Council hereby finds and declares as follows:
WHEREAS, an application has been received from Caliber Home Developments (317
Ocean View Ave, Pismo Beach, Ca 93449) Applicant and Property Owner, to consider a project
consisting of a Zone Change from RMF-16 (Residential Multi-family - 16) to RMF-16/PD-25
(Residential Multi-Family-16 with Planned Development Overlay #25) with corresponding
Master Plan of Development and Vesting Tentative Tract Map on a 0.85-acre site located at
6709, 6725, 6735 Atascadero Ave (APN 030-281-014, 015, 016); and,
WHEREAS, Article 28 of the Atascadero Municipal Code allows for the creation of
Planned Development Overlay Zones to promote orderly and harmonious development and to
enhance the opportunity to best utilize special site characteristics; and,
WHEREAS, an Initial StudyandDraft Mitigated Negative Declaration'2004-0050 were
prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act (CEQA); and,
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact this amendment to the Zoning Code Text to protect the health, safety, and welfare
of its citizens by applying orderly development and expanding housing opportunities within the
City; and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Text
Change application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said zoning text
amendments; and,
27
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on January 18, 2005, studied and considered Zone Change 2004-0086, after first studying
and considering the Draft Mitigated Negative Declaration prepared for the project, and,
WHEREAS,the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on February 22, 2005, studied and considered Zone Change 2004-0086, after first studying
and considering the Proposed Mitigated Negative Declaration prepared for the project; and,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Findings for Approval of a Zone Text Change Creating a PD-25
Planned Development Overlay District. The City Council finds as follows:
1. Modification of development standards or processing requirements is warranted
to promote orderly and harmonious development.
2. Modification of development standards or processing requirements will enhance
the opportunity to best utilize special characteristics of an area and will have a
beneficial effect on the area.
3. Benefits derived from the overlay zone cannot be reasonably achieved through
existing development standards or processing requirements.
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular
session assembled on March 8, 2005 resolved to approve on second reading, by title only, an
ordinance that would amend the City Zoning code text with the following:
9-3.670 Establishment of Planned Development Overlay Zone No.25: (PD25).
Planned Development Overlay Zone No. 25may beestablishedin Residential Multi-family-zones.
The maximum residential density within the planned development shall not exceed the densities
.allowed by the underlying zoning district and provisions of the Atascadero Municipal Code. The
following development standards shall be met by all projects within the PD25 overlay zone:
a) All site development shall require the approval of a Master Plan of Development.All
construction and development shall conform to the approved Master Plan of
Development, as conditioned.
b) The Tentative Tract Map and any subsequent amendments for the site shall be
consistent with an approved MasterPlan of Development. All construction and
development shall conform to the approved Master Plan of Development, as conditioned.
c) No subsequent tentative parcel or tract map shall be approved unless found to be
consistent with the approved Master Plan of Development.
d) All proposed projects shall be no fewer than 4 residential units and no greater than 12
residential units.
e) A parent lot or lots shall have frontage on a public street.
28
f) Access off of the public street shall be designed as a parking court if the distance from
the back of sidewalk to the terminus of the court is less than 150 feet and shall include
the following elements:
i. 16 feet paved width minimum (decorative concrete or pavers)with 2 foot
shoulders of low lying landscaping (subject to Fire Department approval).
ii. Decorative paving continuous throughout the parking court.
iii. Address marker at the entrance to the court.
Multiple parking courts can be joined providing thateachcourt meets the above standards
and that only one court per street access be established.
g) Appearance of each dwelling unit,site landscaping, site development, and amenities
shall be consistent with the Atascadero Appearance Review Manual.All landscaping
shown on the approved landscape plan will be installed by the developer and shall be
maintained as approved.
h) Building setbacks shall be as follows:
Setback from public street frontage: 12 feet from right-of-way/back of sidewalk
(whichever is greater)when minimum 6
foot landscape parkway provided.
18 feet from right-of-way/back of sidewalk
(whichever is greater)when no parkway is
provided.
Porches can encroach up to 3 feet into the
required setback.
Setback from parking court/interior street: 8 feet to porch
10 feet to front of residence
10 feet minimum to garage (if one car
garage proposed,the second parking
space must be located in the driveway
with a minimum length of 20 feet)
5 feet to side of residence
Setback between buildings: 10 feet minimum (unless attached)
Rear yard setback: 12 feet minimum
i Porches shall berovided for each
p unit. Porches shall be a minimum of 6-feet deep and a
functional width.
j) Residential units adjacent to a public street shall be oriented to the public street.
k) A landscaped yard and/or an open space,amenity feature shall be located at the terminus
of the parking court/street. No garages or vehicle parking are permitted at the court/street
terminus.
1) 300 square feet of private open space shall be provided for each unit with a minimum
dimension of 12 feet.
m) Each unit shall include the following:
i. 300 cubic feet of shelved storage area. (Bedroom and entry/coat closets shall not
count toward this requirement).
29
ii. Dedicated space for laundry facilities with hookups.
n) All utilities, including electric,telephone, and cable, within the PD and along the project
frontages shall be installed and/or relocated underground.
o) Engineered drainage detention basins shall be located within a common area. Multiple
basins on individual lots shall not be permitted. All basins shall be landscaped, shall be
no deeper than 2 feet, and shall be unfenced. No retaining walls or fencing shall be
permitted within the basin area.
p) Exterior walls or fencing shall be consistent throughout the project. Design and
appearance of fences and/or walls shall be compatible with the design of the dwelling
units. Fence posts shall be metal or pressure treated wood.Wood preservative/sealer
shall be applied to fence panels.
q) All mechanical equipment, including HVAC units and utility meters, shall be screened
from view from adjacent streets and properties.
r) Trash shall be stored in individual garages or behind fenced areas on individual lots.
Dedicated trash storage area shall be a minimum of Tx 6' paved area.
s) A minimum of one common decorative light shall be provided at the end of the parking
court.
t) Lot coverage shall not exceed 40%of the net lot area.
u) A one-car garage (minimum 11' x 20') shall be required for attached residential units. A
two-car garage (minimum 20'x 20') shall be required for detached residential units.
v) The total number of parking spaces shall be provided as follows:
i. 2 spaces per unit for units with less than 4 bedrooms. One additional space for
each additional bedroom. All spaces must be located on the individual lot.
ii. Guest parking provided at a ratio of 1 space per every 3 units."
'Guest parking may not be located adjacent to the public street frontage.
SECTION 3. A summary of this ordinance, approved by the City Attorney, together
with the ayes and noes, shall be published twice: at least five days prior to its final passage in
the Atascadero News, a newspaper published and circulated in the City of Atascadero, and;
before the expiration of fifteen "(15) days after its final passage in the Atascadero News, a
newspaper published and circulated in the City of Atascadero. A copy of the full text of this
ordinance shall be on file in the City Clerk's office on and after the date following introduction
and passage and shall be available to any interested member of the public.
SECTION 4. Effective Date. This ordinance shall be effective at 12:01 a.m. on the 31"
day after its passage.
30
it
INTRODUCED at a regular meeting of the City Council held on , and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on
by the following roll call vote:
AYES
NOES:
ABSTAIN:
ABSENT:
CITY OF ATASCADERO
By:
Wendy Scalise,Mayor
ATTEST:
Marcia McClure Torgerson,C.M.C., City Clerk
APPROVED AS TO FORM:
Patrick L. Enright, City Attorney
31
ATTACHMENT 2: Draft Ordinance B
DRAFT ORDINANCE B
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING ZONE
CHANGE 2005-0095,AMENDING THE OFFICIAL ZONING MAP
DESIGNATION OF APN 030-281-0149 0159 016 FROM RMF-16
(RESIDENTIAL MULTI-FAMILY- 16) TO RMF-16/PD-25
(RESIDENTIAL MULTI-FAMILY— 16/PLANNED DEVELOPMENT
OVERLAY#25)
(Atascadero Ave/ Caliber Home Developments)
The City Council hereby finds and declares as follows:
WHEREAS, an application has been received from Caliber Home Developments (317
Ocean View Ave, Pismo Beach, Ca 93449) Applicant and Property Owner, to consider a project
consisting of a Zone Change from RMF-16 (Residential Multi-family 16) to RMF-16/PD-25
(Residential Multi-Family-16 with Planned Development Overlay #25) with `corresponding
Master Plan of Development and Vesting Tentative Tract Map on a 0.85-acre site located at
6709, 6725, 6735 Atascadero Ave (APN 030-281-014, 015, 016); and,
WHEREAS, the site's General Plan Designation is HDR (High Density Residential);
and,
- WHEREAS; the site's current zoning district is RMF-16 (Residential Multi-family -16);
and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2004-0050 were
prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act (CEQA); and,
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City. to enact this amendment to the Official Zoning Map to protect the health, safety, and
welfare of its citizens by applying orderly development of the City; and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act(CEQA)have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone
Change application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendments;
and,
32
WHEREAS, the Planning"Commission of the City of Atascadero, at a duly noticed
Public Hearing held on January 18, 2005, studied and considered Zone Change 2005-0095,after
first studying and considering the Proposed Mitigated Negative Declaration prepared for the
project,and,
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on February 22, 2005, studied and considered Zone Change 2004-0095, after first studying
and considering the Proposed Mitigated Negative Declaration prepared for the project; and,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1.Findings for Approval of a Zone Change to the Official Zoning Map of
Atascadero Changing the existing site zoning to RMF-16/PD25. The. City Council finds as
follows:
1. Modification of development standards or processing requirements is warranted to
promote orderly and harmonious development.
2. Modification of development standards or processing requirements will enhance the
opportunity to best utilize special characteristics of an area and will have a beneficial
effect on the area.
3. Benefits derived from the overlay zone cannot be reasonably achieved through
existing development standards or processing requirements.
4. The proposed project offers certain redeeming features to compensate for the
requested zone change.
- SECTION 2. Approval. The City Council of the City of Atascadero, in-aregular
session assembled on March 8, 2005, resolved to introduce approve on second reading, by title
only,an ordinance that would rezone the subject site consistent with the following:
1. Exhibit A: Zone Map Amendment Diagram
SECTION 3. A summary of this ordinance, approved by the City Attorney, together
with the ayes and noes, shall be published twice: at least five days prior to its final passage in
the Atascadero News, a newspaper published and circulated in the City of Atascadero, and;
before the expiration of fifteen (15) days after its final passage in the Atascadero News, a
newspaper published and circulated in the City of Atascadero, _A copy of the full text of this
ordinance shall be on file in the City Clerk's office on and after the date following introduction
and passage and shall be available to any interested member of the public.
SECTION 4. Effective Date. This ordinance shall be effective at 12:01 a.m. on the 31St
day after its passage.
33
INTRODUCED at a regular meeting of the City Council held on and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California,< on
by the following roll call vote:
AYES
NOES
ABSTAIN:
ABSENT:
CITY OF ATASCADERO
By:
Wendy Scalise,Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Patrick L. Enright, City Attorney
II
34
Exhibit A: Zone Map Amendment Diagram
Subject Sites
I
i
Atascadero
Ave.
Existing Designation:
-Residential Multi-family- 16
Proposed Designation:
-Residential Multi-Family-16/PD-25
i
35
ITEM NUMBER: A-4
DATE: 03/08/05
R
Atascadero City Council
Staff Report Public Works Department
Final Map 2004-0073
(Tract 2448)(TTM 2002-0018)
(1200 La Costa Court / CS'Nino-Construction)
RECOMMENDATIONS:
Council:
1. Accept Final Parcel Map 2004-0073 (Tract 2448); and,
2.. Reject, without prejudice to future acceptance, the offer of dedication for Public
Utility Easement; and,
3. Authorize City Manager to execute Subdivision Improvement Agreement; and,
4. Authorize City Manager to execute Road Maintenance Agreement with CS Nino
Construction, Inc.; and,
5. Authorize City Manager to sign Agreements to Provide Housing Units for
Persons and Family of Low Income; and,
6. Approve draft Resolution accepting La Costa Court for roadway and incidental
purposes.
DISCUSSION:
Tentative Tract Map 2002-0018 / Tract 2448 was approved by the City Council on
October 14, 2003. The subdivision approved a 40-lot vesting tentative tract map with a
PD-20 overlay.
On November 12, 1997, Council rejected the offer of.dedication for La Costa Court
without .prejudice. At that time, no homeowners association was created for the
maintenance of the street. During the initial phases of the creation of Homeowners
Association for Tract 2448, the Department of Real Estate (DRE) determined that the
approved tract has no legal access from La Costa. To mitigate this situation, the
applicant has agreed to provide for the maintenance of to Costa Court, if the City of
Atascadero accepts La Costa Court for roadway and incidental purposes.
Pursuant to California Government Code Section 66440 the approving legislative body
(City Council) cannot deny a final map that is consistent with an approved tentative
map. The legislative body is also required to accept, accept subject to improvement,..or
36
ITEM NUMBER: A-4
DATE: 03/08/05
reject on behalf of the public, any,real property offered for dedication for public use in
conformity with the terms of the offer of dedication. Staff recommends rejecting the offer
of dedication forpublicutility easements without prejudice to future acceptance. Staff
has determined that the Final Tract Map is consistent with approved Tentative Tract
Map.
FISCAL IMPACT: None
ATTACHMENTS: Exhibit A: Final Map 2004-0073 (Tract 2448)
Exhibit B:Subdivision Improvement Agreement
Exhibit C: Road Maintenance Agreement
Exhibit D: Housing Agreement
Exhibit E: Draft Resolution—La Costa Acceptance
Tract 2448 Page 2 of 45
37
ITEM NUMBER: A-4
DATE: 03/08/05
Exhibit A-Map
Final Map 20040073(Tract 2"S)
1200 La Costa Court
CS Nino Construction
rats: j
e t Yff#•F
8J 3159 1z
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F
o i
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\%V, NBECL Gy+4
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s Ce
-E 1111- m t�TLb'.�[,D HSA. F..
mars`[ g
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Tract 2448 Page 3 of 45
38
Exhibit B-Subdivision Improvement Agreement
FinalMap 2004-0073(Tract.2448)
NO FEE DOCUMENT
Government Code§6103
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITYOF ATASCADERO
6905 El Camino Real,Suite 6
Atascadero,CA 93422
Attn: City Clerk The Above Space For Recorder's Use Only
O.K. to accept Subdivision: 1200 La Costa Court
(Tract 2448)
Date: Name: CS Nino Building Corp.,a
California corporation
Address:
APN:
Project No.:
SUBDIVISION IMPROVEMENT AGREEMENT -
This Subdivision Improvement Agreement is made and entered into this da
i P 1�' y of
, ,by and between the City of Atascadero,a municipal corporation,hereinafter
referred to as"City,"and CS Nino Building Corp.,a California corporation,hereinafter referred to as"Subdivider."
RECITALS
A. Subdivider has presented to the City a parcel map or final map of a proposed subdivision of land
located within the corporate limits of the City that has been prepared in accordance with the Subdivision Map Act of
the State of California,the subdivision ordinances of the City,and the tentative map of the Subdivision previously
approved by the City Council.
B. The proposed subdivision of land is commonly known and described as
1200 La Costa Court(TRACT 2448)FINAL MAP 2004-0073,and is hereinafter referred to as the"Subdivision"
or the"Project."
C. Subdivider has requested approval of the parcel map or final map prior to the construction and
completion of the public improvements,including,but not limited to streets,highways,public ways,sidewalks,
curbs,gutters,storm drainage facilities,public utility facilities,design standards which are part of the provisions for
Tract 2448 Page 4 of 45
39
ITEM NUMBER: A-4
DATE: 03/08/05
lot grading and drainage in or appurtenant to the Subdivision,and other public improvements that are required by
the Subdivision Map Act,the subdivision ordinances of the City,the tentative map(and approvals given in
connection therewith),and final grading plan,if any,approved by the City. The foregoing improvements are
hereinafter referred to as"the Required Improvements."
NOW,THEREFORE,the parties agree as follows:
L Performance of Work. Subdivider agrees to furnish,construct and install at
Subdivider's own expense the Required Improvements as shown on the plans and specifications
of the Subdivision, a copy of which is on file in the office of the City Manager, and is
incorporated herein by reference, along with any changes or modifications as may be required by
the City Manager or the City Manager's designee (hereinafter"City Manager") due to errors,
omissions, or changes in conditions. The plans and specifications of the Required Improvements
may be modified by the Subdivider as the development progresses, subject to the prior written
approval of the City Manager. The total estimated cost of the Required Improvements, as
determined by the City Manager, is $
2. Work; Satisfaction of City Manager. All of the work on the Required
Improvements is to be done at the places,of the materials, and in the manner and at the grades,
all as shown upon the approved plans and specifications and the City's Improvement Standards
and Specifications,to the satisfaction of the City Manager.
3. Injury to Public Improvements Public Property or Public Utilities Facilities.
Subdivider shall replace or repair, or have replaced or repaired,all public improvements,public
utility facilities, and surveying or subdivision monuments which are destroyed or damaged in the
performance of any work under this Agreement. Subdivider shall bear the entire cost of
replacement or repairs of any and all public or private utility property damaged or destroyed in
the performance of any work done under this Agreement,whether such property is owned by the
United States or any agency thereof, or the State of California, or any agency or political
subdivision thereof, or by the City or any public or private utility corporation or by any
combination of such owners. Any repair or replacement shall be to the satisfaction of the City
Manager.
4. Inspection. Subdivider shall, at all times, maintain proper facilities and safe
access for inspection of the public improvements by City and to the shops wherein any work is in
preparation. Uponcompletion of the work, the Subdivider may request a final inspection by the
City Manager or the City Manager's representative. If the City g lm Manager or the designated
representative determine that the work has been completed in accordance with this Agreement,
then the City Manager shall certify the completion of the public,improvements. No
improvements shall be finally accepted unless all aspects of the work have been inspected and
determined to have been completed in accordance with the Improvement Plans and City
standards. Subdivider shall bear all costs of plan check, inspection and certification.
Tract 2448
Page 5 of 45
40
ITEM NUMBER: A-4
DATE: 03/08/05
5. Subdivider's Obligation to Warn Public During Construction. Until final
acceptance of the Required Improvements, Subdivider shall give good and adequate warning to
the public of each and every dangerous condition existing in said improvements, and will take
reasonable actions to protect the public from such dangerous condition.
6. Superintendence by Subdivider. Subdivider shall require each contractor and
subcontractor to have a competent foreman on the job at all times when that contractor or
subcontractor, or any employee or agent thereof, is performing work on the Required
Improvements. In addition, Subdivider shall maintain an office with a telephone and Subdivider
or a person authorized to make decisions and to act for Subdivider in Subdivider's absence shall
be available on the job site within three (3) hours of being called at such office by the City
during the hours of 9:00 A.M.through 5:00 P.M., Monday through Friday, or any other day or
time when work is being performed on the Required Improvements.
7. Work; Time for Commencement and Performance. Work on the Required
Improvements has been commenced by the Subdivider or shall commence on or before the
I"day of March 2006, and Work on the Required Improvements shall be completed on or
before the V day of March 2006;provided, however,that the Required Improvements shall not
be deemed to be completed until accepted in writing by the City.
8. Time of Essence;Extension.
a. Time is of the essence of this Agreement. The dates for commencement
and completion of the Requiredlmprovements may not be extended,except as provided in this
paragraph. The City Manager may extend the dates due to delays in the work actually caused by
inclement weather,riots, strikes, lockouts,fires, earthquakes, floods and conditions resulting
therefrom,or for other reason beyond the control of the Subdivider._,_Extensions_shall be granted
only upon a showing of good cause by the Subdivider. The City Manager shall be the sole and
final judge as to whether good cause has been shown to entitle the Subdivider to an extension.
b. Requests for extension of the commencement and/or completion date shall be in writing
and delivered to the City in the manner hereinafter specified for service of notices. An extension of time,if any,
shall be granted only in writing,and an oral extension shall not be valid or binding on the City.
C. In the event the City extends the time of commencement and/or completion of the
Required Improvements,such extension maybe granted without notice by the City to the Subdivider's surety and
shall in no way release any guarantee or security given by the Subdivider pursuant to this Agreement,or relieve or
release those providing an improvement security pursuant to this Agreement. The surety or sureties,if any,in
executing the securities shall be deemed to have expressly agreed to any such extension of time.
d. In granting any extension of time,the City may require new or amended improvement
security in amounts increased to reflect increases in the cost of constructing the Required Improvements or impose
other conditions to protect its interests and ensure the timely completion of the Required Improvements.
9. Utility Undergroundina and Relocation Costs. Subdivider shall assume all costs
for utility and cable television undergrounding and/or relocation which is not the responsibility
Tract 2448 Page 6 of 45
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ITEM NUMBER: A-4
DATE: 03/08/05
of the cable television, gas, electric, telephone, or other utility company under the terms of the
franchises with the City or otherwise imposed upon the utility companies by law.
10. Improvement Security. Concurrently with the execution of this Agreement, the
Subdivider shall furnish the City with:
a. Faithful Performance Security. Subdivider shall provide faithful performance security to
secure faithful performance of this Agreement(the"faithful performance"security). This security shall be in the
amount of one hundred percent(100%)of the total estimated cost of the Required Improvements,as determined by
the City Manager.
b. Payment Security. Subdivider shall also provide payment security to secure payment to
the contractor,subcontractors and to persons renting equipment or furnishing labor or materials to them for the work
(the"payment security"). This security shall be in the amount of fifty percent(50%)of the total estimated cost of
the Required Improvements,as determined by the City Manager and shall secure the obligations set forth in Title 15
(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code of the State of California.
C. Guarantee and Warranty Security. Subdivider shall also file with this Agreement a
"guarantee and warranty security"in the amount of ten percent(10%)of the total estimated cost of the Required
Improvements,as determined by the City Manager,to guarantee and warrant the Required Improvements for a
period of one year following their completion and acceptance against any defective work or labor done,or defective
materials furnished.
d. Monument Security. Subdivider shall also file with this Agreement a"monument
security"in the amount of one hundred percent(100%)of the total estimated cost of the installation of survey
monuments in the Subdivision,as determined by the City Manager,to guarantee and secure the placement of such
monuments.
e. Any bonds submitted as security pursuant to this section shall be furnished by companies
who are authorized and licensed by the Insurance Commissioner of the State of California as"admitted surety
- insurers,"to act as-surety-upon-bonds-and--undertakings. The company shall maintain in this State at least one office -
for the conduct of its business. All bonds must be approved by City. The bonds shall be furnished on the forms
enclosed following this Agreement or any other form satisfactory to the City. Provided,however,all required
securities shall be in a form approved by the City Attorney. The surety(or sureties) shall furnish reports as to its
financial conditions from time to time as requested by the City. The premiums for said bonds shall be paid by
Subdivider.
f. No change,alteration,or addition to the terms of this Agreement or the plans and
specifications incorporated herein shall in any manner affect the obligation of the sureties,except as otherwise
provided by the Subdivision Map Act.
g. The securities shall be irrevocable,shall not be limited as to time(except as to the one-
year guarantee and warranty period)and shall provide that they may be released,in whole or part,only upon the
written approval of the City Manager and as provided in paragraph 11. All securities provided pursuant to this
Agreement shall expressly obligate the surety for any extension of time authorized by the City for Subdivider's
completion of the Required Improvements,whether or not the surety is given notice of such an extension by the
City.
h. The Attorney-in-Fact(resident agent)who executes the securities on behalf of the surety
company must attach a copy of his/her Power of Attorney as evidence of his authority. A notary shall acknowledge
the power as of the date of the execution of the surety bond that it covers.
Tract 2448 Page 7 of 45
42
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ITEM NUMBER:
A-4
DATE: 03/08/05
11. Release of Security.
a. Guarantee and warranty Security. Any unused portion of the guarantee and warranty
security may be released one
year after acceptance of the Required ImProvements. The amount to be released shall
first be reduced by the amount deemed necessary by the City to correct any defects in the Required Improvements
that are known or believed the Cit exist at the end of the guarantee and warranty period.
b. Payment Securi�. The payment security may be released thirty-five(35)days after
passage of the time within which claims of lien are required to be recorded pursuant to Article 3 of Chapter 2 of
Title 15 of Part 4 of Division 3 of the Civil Code(commencing with Section 3114),but in no event shall such
security be released prior to one hundred and twenty(120)days after acceptance of the Required Improvements.
The amount to be released shall first be reduced by the total of all claims on which an action has been filed and
notice thereof given in writing to the City. City expressly may require the surety not to release the amount of
security deemed necessary by City to assure payment of reasonable expenses and fees,including reasonable
attorney's fees.
C. Faithful Performance Security. The faithful performance security maybe released.upon
acceptance of the Required Improvements.
d. Monument Security. The monument security may be released upon acceptance of the
required monument installation by the City Engineer.
12. Inspection and Other Fees. The Subdivider shall pay to the City all fees imposed
in connection with the construction and inspection of the Required Improvements. These fees
must be paid in full prior to the City's acceptance of the Required Improvements. The fees
referred to above are not necessarily the only City fees,charges or other costs that have been, or
will be, imposed on the Subdivision and its development, and this Agreement shall in no way
exonerate or relieve the Subdivider from paying such other applicable fees, charges;or costs.
11 Defense,Indemnification and Hold Harmless. The Subdivider shall defend,
indemnify, and hold harmless the City,its officers, employees, agents, and elective and
appointive boards from any and all claims, losses, damages,including property damage,personal
injury, including death, costs, including attorney fees, and liability of any kind or nature directly
or indirectly arising out of or in any way connected with performance under this Agreement
and/or the construction of the Required Improvements by the Subdivider, contractor or any
subcontractor, or of any person directly or indirectly employed by, or acting as agent for the
Subdivider, contractor or any subcontractor, save and except those matters arising from the
negligence or willful misconduct of the City.
This defense,indemnification and hold harmless provision shall extend to claims,losses,damage,injury,
costs,including attorney fees,and liability for injuries occurring after completion of the construction of the Required
Improvements as well as during construction,and shall apply regardless of whether or not the City has prepared,
supplied or approved the plans and/or specifications for the Required Improvements or has inspected or accepted the
same. Acceptance of insurance required under this Agreement shall not relieve Subdivider from liability under this
defense,indemnification and hold harmless provision.
The parties intend that this provision shall be broadly construed to effectuate its purpose.
Tract 2448 Page 8 of 45
43
ITEM NUMBER: A-4
DATE: 03/08/05
14. Environmental Warranty.
a. Prior to the acceptance of any dedications or improvements by City,
Subdivider shall certify and warrant that, to the best of Subdivider's knowledge: (1)neither the
property to be dedicated nor Subdivider are in violation of any environmental law; (2)neither the
property to be dedicated nor the Subdivider are subject to any existing,pending,or threatened
investigation by any federal, state or local governmental authority under or in connection with
any environmental law; (3)neither Subdivider nor any third party will use, generate,
manufacture,produce, or release,on, under, or about the property to be dedicated, any hazardous
substance,except in compliance with all applicable environmental laws;(4) subdivider has not
caused or permitted the release of, and has no knowledge of the release or presence of, any
hazardous substance on the property to be dedicated or the migration of any hazardous substance
from or to any other property adjacent to, or in the vicinity of,the property to be dedicated; (5)
subdivider's prior and present use of the property to be dedicated has not resulted in the release
of any hazardous substance on the property to be dedicated.
Subdivider shall give prompt written notice to City at the address set forth herein of.-
Any
f:Any proceeding or investigation by any federal, state or local governmental authority with
respect to the presence of any hazardous substance on the property to be dedicated or the
migration thereof from or to any other property adjacent to, or in the vicinity of,the property to
be dedicated;
Any claims made or threatened by any third party against City or the property to be dedicated
relating to any loss or injury resulting from any hazardous substance;and
Subdivider's discovery of any occurrence or condition on any property adjoining or in the
vicinity of the property to be dedicated that could cause the property to be dedicated or any part
thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for
which it is intended, transferability, or suit under any environmental law.
b. As used in this Agreement,the term"hazardous substance"includes any hazardous or
toxic substance or material or waste,including but not limited to all types of gasoline,oil,and other petroleum
hydrocarbons,asbestos,radon,polychlorinated biphenols(PCBs),or any other chemical,material,controlled
substance,object,condition,waste,living organism or any combination thereof which is or may be hazardous to
human health or safety or to the environment due to its radioactivity,ignitability,corrosivity,reactivity,explosivity,
toxicity,carcinogenicity,mutagenicity,phytotoxicity,infectiousness or other harmful properties of effects, which is
now,or in the future becomes,listed,defined or regulated in any manner by any federal,state,or local City based
directly or indirectly upon such properties.
15. Subdivider's Insurance.
a. Subdivider Shall Maintain Insurance. Subdivider shall not commence any
work before obtaining, and shall maintain in force at all times during the duration and
performance of this Agreement,the policies of insurance specified in this Section. Such
Tract 2448 Page 9 of 45
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ITEM NUMBER: A-4
DATE: 03/08/05
insurance must have the approval of the City as to limit, form, and amount, and shall be placed
with insurers with an A.M. Best rating of no less than A:VII.
b. Subdivider to Provide Evidence of Insurance. Prior to the execution of
this Agreement and prior to the commencement of any work,the Subdivider shall furnish to the
City, and the City must approve,original certificates of insurance and endorsements effecting
coverage for all policies required by the Agreement. Subdivider shall not allow any contractor or
subcontractor to commence work until similar insurance first shall have been so obtained by such
contractor or subcontractor. Certificates shall be signed by a person authorized by the insurer, or
insurers, to bind coverage on their behalf. Certificate of insurance and endorsements shall be on
the appropriate Acord form,Department of Insurance,and Insurance Services Office approved
forms or on forms approved by the City. As an alternative to providing the City with approved
forms of certificates of insurance and endorsements, the Subdivider may provide complete,
certified copies of all required insurance policies, including endorsements, effecting the coverage
required by this Section. At any time, at the written request of the City, Subdivider agrees to
furnish one or more copies of each required policy including declarations pages, conditions,
provisions, endorsements, and exclusions. Such copies shall be certified by an authorized
representative of each insurer.
C. No Suspension of Insurance. Each insurance policy required by this
Agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled,
terminated by either party, reduced in coverage or in limits except after thirty(30) days' prior
written notice by certified mail,return receipt requested, has been given to the City.
d. Deductibles. Any deductibles, or self-insured retentions, exceeding five
thousand dollars ($5,000)must be declared to, and approved by, the City. Upon request by the
City,_Subdivider.shall_demonstrate financial_capability_for_payment of such--deductibles-or - -
self-insured retentions.
e. Coverages Shall Not Limit Obligations. The requirement as to types,
limits, and the City's approval of insurance coverage to be maintained by Subdivider are not
intended to, and shall not in any manner,limit or qualify the liabilities and obligations assumed
by Subdivider under the Agreement.
f. Required Limits. Subdivider and its contractors and subcontractors shall,
at their expense, maintain in effect at all times during the term of this Agreement,not less than
the following coverage and limits of insurance,which shall be maintained with insurers and
under forms of policy satisfactory to the City. The maintenance of Subdivider and its contractors
and subcontractors of the following coverage and limit of insurance is a material element of the
Agreement. The failure of Subdivider or of any of its contractors or subcontractors to maintain
or renew coverage or to provide evidence of renewal maybe treated by the City as a material
breach of this Agreement.
Tract 2448 Page 10 of 45
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ITEM NUMBER: A-4
DATE: 03/08/05
(1) Workers' Compensation Insurance. Subdivider shall maintain,
until the City has accepted the improvements and the guarantee and warranty period has expired,
Workers' Compensation insurance for all of Subdivider's employees as required by Labor Code
section 3700 of the State of California and Employer's Liability Act, including Longshoremen's
and Harbor Workers'Act ("Acts"), if applicable. Employer's Liability limits shall not be less
than one million dollars ($1,000,000)per occurrence. The Subdivider shall execute a certificate
in compliance with Labor Code section 1861, on the form provided in the Contract Documents.
The insurer shall agree to waive all rights of subrogation against the City, its officers, officials,
and employees for losses arising from work falling within the terms of this Agreement.
Subdivider shall indemnify and hold harmless the City for any damage resulting to it, including
attorney fees, from failure of either Subdivider or any contractor or subcontractor to take out and
maintain such insurance.
(2) Commercial General Liability Insurance. Subdivider shall
maintain, until the City has accepted the improvements and the guarantee and warranty period"
has expired, such commercial general liability insurance as shall insure the City, its elective and
appointive boards and commissions, officers, agents and employees, Subdivider and any
contractor or subcontractor performing work covered by this Agreement. The insurance shall
include,but not be limited to,protection against claims arising from death,bodily or personal
injury, or damage to property resulting from actions, failures to act, or operations of Subdivider,
any contractor's or subcontractor's operations hereunder, whether such operations are by
Subdivider or any contractor or subcontractor or by anyone directly or indirectly employed by
either Subdivider or an contractor or subcontractor. The.amount of insurance coverage shall
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not be less than one million dollars ($1,000,000)per occurrence and two million dollars
($2,000,000)per policy aggregate. As an alternative to the policy aggregate the Subdivider may
have an aggregate limit of one million dollars ($1,000,000)per project apply. Coverage shall be
at-least-as broad as Insurance Services Office "occurrence form CG 00 01 (ed. 10/01)" covering
commercial general liability or its equivalent.
(3) Endorsements. Subdivider shall see that the commercial general
liability insurance shall include, or be endorsed to include,the following:
(a) Provision or endorsement naming the City of Atascadero,
its officers,employees, agents, boards, commissions, and volunteers as Additional Insureds with
respect to liability arising out of the performance of any work under this Agreement.
(b) Provision or endorsement stating that insurance is Primary
insurance with respects the City,its officers, employees, agents, boards, commissions, and
volunteers, to the extent the City is an additional insured. Any insurance or self-insurance
maintained by the City,its officers, officials, employees, agents, boards, commissions, and
volunteers shall be excess of the Subdivider's insurance and shall not contribute with it.
Tract 2448 Page 11 of 45
46
ITEM NUMBER: A-4
DATE: 03/08/05
(c) Provision or endorsement stating that the Subdivider's
insurance shall apply separately to each insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer's liability(cross-liability).
(d) Provision or endorsement stating that any failure to comply
with reporting or other provisions of the policies including breaches of representations shall not
affect coverage provided to the City,its officers, employees, agents,boards, commissions, and
volunteers.
16. Prevailing Wage. In the event it is determined that the Subdivider is required to
pay prevailing wages for the work performed under this Agreement,the Subdivider shall pay all
penalties and wages as required by applicable law.
17. Title to RequiredImprovements. The City shall not accept any real property to be
dedicated or the Required Improvements unless they are constructed in conformity with the
approved plans and specifications, approved modifications,if any, the approved final or parcel
map, and City Improvement Standards and Specifications,to the satisfaction of the City
Manager. Until such time as the Required Improvements are accepted by the City,Subdivider
shall retain title and shall be responsible for, and bear the risk of loss to, any of the improvements
constructed or installed.
Title to and ownership of any real property to be dedicated and the Required Improvements
constructed under this Agreement by Subdivider shall vest absolutely in the City upon completion and acceptance in
writing of such Required Improvements by City. The City shall not accept the Required Improvements unless title
to the Required Improvements is entirely free from lien. Prior to acceptance,Subdivider shall supply the City with
appropriate lien releases,at no cost to and in a form acceptable to the City.
18; Repair or Reconstruction of Defective Work. If, within a period of one-year after
final acceptance by the City Council of the Required Improvements,any improvement or part of
any improvement furnished and/or installed or constructed, or caused to be installed or
constructed by Subdivider, or any of the work done under this Agreement materially fails to
fulfill any of the requirements of this Agreement or the specifications referred to herein,
Subdivider shall without delay and without any cost to City,repair,replace or reconstruct any
defective or otherwise unsatisfactory part or parts of the improvements. If the Subdivider fails to
act promptly or in accordance with this requirement, or if the exigencies of the situation require
repairs or replacements to be made before the Subdivider can be notified,then the City may, at
its option,make the necessary repairs or.replacements or perform the necessary work, and
Subdivider shall pay to City the actual cost of such repairs plus fifteen percent (15%)within
thirty (30) days of the date of billing for such work by City.
19. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider's
agents, contractors, or subcontractors are or shall be considered to be agents of the City in
connection with the performance of Subdivider's obligations under this Agreement.
Tract 244 Page 12 of 45
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47
ITEM NUMBER: A-4
DATE: 03/08/05
20. Notice of Breach and Default. The following shall constitute a default under this
Agreement: If Subdivider refuses or fails to prosecute the work on the Required Improvements,
or any part thereof, with such diligence as will ensure its completion within the time specified, or
any extension thereof, or fails to complete the Required Improvements within such time; if
Subdivider should be adjudged a bankrupt, or Subdivider should make a general assignment for
the benefit of Subdivider's creditors, or if a receiver should be appointed in the event of
Subdivider's insolvency; or if Subdivider or any of Subdivider's contractors, subcontractors,
agents or employees should violate any of the provisions of this Agreement. In the event of
Subdivider's default, Subdivider shall be deemed to be in breach of this Agreement and the City
may serve written notice upon Subdivider and Subdivider's surety, if any, of the breach of this
Agreement. Subdivider shall have fifteen n (15) days from receipt of written notice.by City to cure
any default.
a. City reserves to itself all remedies available to it at law or in equity for
breach of Subdividers obligations under this Agreement. City shall have the right, subject to
this section, to draw upon or utilize the appropriate security to mitigate City damages in event
of default by Subdivider. The right of City to draw upon or utilize the security is additional to
and not in lieu of any other remedy available to City. It is specifically recognized that the
estimated costs and security amounts may not reflect the actual cost of construction or
installation of the improvements and, therefore, City damages for Subdivider's default shall be
measured by the cost of completing the required improvements. The sums provided by the
improvement security may be used by City for the completion of the public improvements in
accordance with the improvement plans and specifications contained herein. The improvement
security includes the Payment Security, Faithful Performance Security, guarantee and Warranty
Security,Monument Security and any other improvement security required by Section 10 of this
Agreement.
b. In the event of Subdivider's default under this Agreement, Subdivider
authorizes City to perform such obligation twenty(20) days after mailing written notice of
default to Subdivider and to Subdivider's Surety, and agrees to pay the entire cost of such
performance by City.
C. City may take over the work and prosecute the same to completion, by
contract or by any other method City may deem advisable, for the account and at the expense of
Subdivider, and Subdivider's Surety shall be liable to City for any excess cost or damages
occasioned City thereby; and, in such event, City, without liability for so doing,may take
possession of, and utilize in completing the work, such materials, appliances,plant and other
property belonging to Subdivider as may be on the site of the work and necessary for
performance of the work.
d. Failure of Subdivider to comply with the terms of this Agreement shall
constitute consent to the filing by City of a notice of violation against all the lots in the
Subdivision. The remedy provided by this Subsection is in addition to and not in lieu of other
Tract 2448 Page 13 of 45
48
. A-4
ITEM NUMBER•.
DATE: 03/08/05
remedies available to City. Subdivider agrees that the choice of remedy or remedies for
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Subdivider's breach shall be within the discretion of City.
hereunder,
e. In the event that Subdivider fails to perform any obligation ,
Subdivider agrees to pay all costs and expenses incurred by City in securing performance of
such obligations,including costs of suit and reasonable attorneys' fees.
f. The failure of City to take an enforcement action with respect to a default,
or to declare a breach, shall not be construed as a waiver of that default or breach or subsequent
default or breach of Subdivider.
g. Subdivider recognizes that by approval of the final map for Subdivision,
City has conferred substantial rights upon Subdivider, including the right to sell, lease, or
finance lots within the Subdivision, and has taken the final act necessary to subdivide the
property within the Subdivision. As a result, City will be damaged to the extent of the cost of
installation of the improvements by Subdivider's failure to perform its obligations under this
Agreement,including,but not limited to, Subdivider's obligation to complete construction of
the improvements by the time established in this Agreement. City shall be entitled to all
remedies available to it pursuant to this Agreement and the Subdivision Laws in the event of a
default by Subdivider.
21. Building Permit Sign-Off or Issuance of Certificate of Occupancy. The City will
not final or sign off as complete any building permit or issue any certificate of occupancy for any
building constructed within the Subdivision without the approval of the city Engineer.
22. Notices. All notices required under this Agreement shall be in writing, and
delivered in person or sent by registered or certified mail,postage prepaid.
Notices required to be given to City shall be addressed as follows:
City Manager
CITY OF ATASCADERO
6905 El Camino Real,Suite 6
Atascadero,CA 93422
Notices required to be given to Subdivider shall be addressed as follows:
CS Nino Building Corp.
Any party may change such address by notice in writing to the other party and thereafter notices
shall be addressed and transmitted to the new address.
Tract 2448 Page 14 of 45
49
ITEM NUMBER: A-4
DATE: 03/08/05
23. Waiver. The waiver by either party of a breach.by the Other of any provision of
this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of
either the same or a different provision of this Agreement.
24. AttorneyFees. In the event any legal action is brought to enforce or interpret this
Agreement, the prevailing party shall be entitled to an award of reasonable attorney fees, in
addition to any other relief to which it may be entitled.
25. Personal Nature of Subdivider's Obligations/Assi Ment. All of Subdivider's
obligations under this Agreement
are and shall remain the personal obligations of Subdivider
notwithstanding a transfer of all or any part of thero ert within the Subdivision subject to this
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J
Agreement, and Subdivider shall not of assi an of its obligations under this Agreement without
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the prior written consent of the City.
26. Acquisition and Dedication of Easements or Ri-ghts-of-Wavy. If any of the
Required Improvements are to be constructed or installed on land not within the Subdivision or
an already existing public right-of-way, no construction or installation shall be commenced
before:
a. The irrevocable offer of dedication or conveyance to City of appropriate rights-of-way,
easements or other interests in real property,and appropriate authorization from the property owner to allow
construction or installation of the Required Improvements,q p ovements,or
b. The issuance of an order of possession by a court of competent jurisdiction pursuant to
the State Eminent Domain Law. Subdivider shall comply in all respects with any such order of possession.
Nothing in this paragraph shall be construed as authorizing or granting an extension of time to Subdivider
for completion of the Required Improvements.
27. Compliance with Laws. Subdivider, its agents, employees, contractors,and
subcontractors shall comply with all federal, state and local laws in the performance of the work
required by this Agreement including,but not limited to, obtaining all applicable permits and
licenses.
28. No Vestin of Rights. Entering into this Agreement shall-not be construed to vest
Subdivider's rights with respect to any change in any zoning or building law or ordinance.
29. Approvals by City. Any approval or consent that is to be given by the City under
this Agreement shall be in writing, and any approval or consent that is not in writing shall not be
binding on the City.
30. Construction and Interpretation. Itis agreed and acknowledged by Subdivider
that the provisions of this Agreement have been arrived at through negotiation, and that
Subdivider has had a full and fair opportunity to revise the provisions of this Agreement and to
have such provisions reviewed by legal counsel. Therefore, the normal rule of construction that
Tract 2448 Page 15 of 45
50
ITEM NUMBER: A-4
DATE: 03/08/05
any g g ambiguities are to be resolved against the drafting party shall not apply in construing or
interpreting this Agreement.
31. Successors and Assigns-- Covenant Running With the Land. This Agreement
shall inure to the benefit of, and be binding upon, the successors and assigns of the respective
parties. A memorandum of this Agreement in the form attached hereto shall be recorded in the
Office of the Recorder of Sacramento County concurrently with the final map or parcel map of
the Subdivision. This Agreement shall constitute a covenant running with the land and an
equitable servitude upon the real property within the Subdivision.
32. Severability. The provisions of this Agreement are severable. If any portion of
this Agreement is held invalid by a court of competent jurisdiction, the remainder of the
Agreement shall remain in full force and effect unlessamendedor modified b mutual written
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consent of the parties.
33. Actions. Any action by any party to this Agreement, or any action concerning a
security furnished pursuant thereto, shall be brought in the appropriate court of competent
jurisdiction within the Count of Sacramento State of California notwithstanding an other
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provision of law which may provide that such action may be brought in some other location.
The law governing this Agreement is the law of the State of California.
34. Integration.tion. This Agreement is an integrated agreement. It supersedes all prior
negotiations, representations, or agreements, either written or oral.
35. Modification. This Agreement may be amended only by a written instrument
signed by the parties. Subdivider shall bear all costs of amendments to this Agreement that are
requested by the Subdivider.
IN WITNESS WHEREOF,the parties have executed this Agreement as follows:
CITY OF ATASCADERO
By:
Wade G.McKinney
City Manager
ATTEST:
Marcia M.Togerson,City Clerk
APPROVED AS TO FORM:
Patrick L.Enright,City Attorney
Tract 2448 Page 16 of 45
51
ITEM NUMBER: A-4
DATE: 03/08/05
SUBDIVIDER
CS Nino Building Corp.,
a California corporation
By:
(Print Name&Title)
Tract 2448 Page 17 of 45
52
FAITHFUL PERFORMANCE BOND
WHEREAS,the City Council of the City of Atascadero,State of California,and CS Nino Building Corp.
(hereinafter designated as"Principal")have entered into an agreement whereby Principal agrees to install and
complete certain designated public improvements,which said agreement identified Final Parcel Map 2004-0073
(Tract 2448),is hereby referred to and made a part hereof;and
WHEREAS,said Principal is required under the terms of said agreement to furnish a bond for the faithful
performance of said agreement.
NOW,THEREFORE,we,the Principal and ,as surety,are held and firmly bound
unto the City of Atascadero hereinafter called(`.`City"),in the penal sum of
($ )lawful money of the United States,for the payment of which sum well and truly to be made,we bind
ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents.
The condition of this obligation is such that if the above bounded Principal,his or its heirs,executors,
administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform
the covenants,conditions and provisions in the said agreement and any alteration thereof made as therein provided,
on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects
according to their true intent and meaning,and shall indemnify and save harmless City,its officers,agents and
employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in
full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall
be included costs and reasonable expenses and fees,including reasonable attorney's fees,incurred by City in
successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms
of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in
anywise affect its obligations on this bond,and it does hereby waive notice of any such change,extension of time,
alteration or addition to the terms of the agreement or to the work or to the specifications.
Tract 2448 Page 18 of 45
53
IN WITNESS WHEREOF this faithful performance bond has been duly executed by
the Principal and surety above named, on this_day of February 2005.
Principal:
Name of Surety
CS Nino Building Corp.,
a California corporation
By:
Title:
Mailing Address of Surety and
By:
Telephone No. of Surety Title:
By:
Attorney in Fact
NOTE: If Principal is a partnership, all partners should execute the bond.
IMPORTANT: Surety companies executing bonds must appear on the Treasury
Department's most current list (Circular 570 as amended) and be authorized to transact business
in California.
NOTICE: The signature of the Surety on this bond must be acknowledged before a
notary public, and this bond must be accompanied by evidence that the appointment as attorney
in fact has been recorded in Sacramento County.
MANDATORY: The Surety`shall be authorized and licensed by the California
Insurance Commissioner as an "admitted surety insurer."
APPROVAL: Bonds must be approved by City.
REQUEST TO INSURER TO SUBMIT DOCUMENTS: Execution of this document shall constitute
the City's formal request to the insurer to provide the City with an original of a certificate from the clerk of
Sacramento County that the certificate of authority of the insurer has not been surrendered,revoked,canceled,
annulled,or suspended or,in the event that it has,that renewed authority has been granted.
POWER OF ATTORNEY REQUIRED. The Attorney-in-Fact(resident agent)who executes this bond
on behalf of the surety company must attach a copy of his Power of Attorney as evidence of his authority. A notary
shall acknowledge the power as of the date of the execution of the surety bond that it covers.
Tract 2448 Page 19 of 45
54
PAYMENT BOND
WHEREAS,the City Council of the City of Atascadero,State of California,and
CS Nino Building Corp(hereinafter designated as"Principal")have entered into an agreement whereby Principal
agrees to install and complete certain designated public improvements,which said agreement identified as Final
Parcel Map 2004-0073 Subdivision Tract 2448,is hereby referred to and made a part hereof;and
WHEREAS,Under the terms of said agreement,Principal is required before entering upon the
performance of the work,to file a good and sufficient payment bond with the City of Atascadero to secure the
claims to which reference is made in Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil
Code of the State of California.
NOW,THEREFORE,said Principal and the undersigned as corporate surety,are held firmly bound unto
the City of Atascadero and all contractors,subcontractors,laborers,materialmen and other persons employed in the
performance of the aforesaid agreement and referred to in Title 15 (commencing with Section 3082)of Part 4 of
Division 3 of the Civil Code in the sum of ($ ),for materials furnished or
labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or
labor,that the surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in
case suit is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable expenses
and fees,including reasonable attorney fees,incurred by City in successfully enforcing the obligation,to be awarded
and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,
companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of
Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this
bond.
Should the condition of this bond be fully performed,then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms
of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this
bond,and it does hereby waive notice of any such change,extension,alteration or addition.
Tract 2448 Page 20 of 45
55
IN WITNESS WHEREOF this payment bond has been duly executed by the Principal
and surety above named, on this—day of February 2005.
Principal:
Name of Surety
CS Nino Building Corp.,
a California corporation
By:
Title:
Mailing Address of Surety and
By:
Telephone No. of Surety Title:
By:
Attorney in Fact
NOTE: If Principal is apartnership, all partners should execute the bond.
IMPORTANT: Surety companies executing bonds must appear on the Treasury
Department's most current list(Circular 570 as amended) and be authorized to transact business
in California.
NOTICE: The signature of the Surety on this bond must be acknowledged before a
notary public, and this bond must be accompanied by evidence that the appointment as attorney
in fact has been recorded in Sacramento County.
MANDATORY: The Surety shall be authorized and licensed by the California
Insurance Commissioner as an "admitted surety insurer."
APPROVAL: Bonds must be approved by City.
REQUEST TO INSURER TO SUBMIT DOCUMENTS:Execution of this document shall constitute
the City's formal request to the insurer to provide the City with an original of a certificate from the clerk of
Sacramento County that the certificate of authority of the insurer has not been surrendered,revoked,canceled,
annulled,or suspended or,in the event that it has,that renewed authority has been granted.
Tract 2448 Page 21 of 45
56
POWER OF ATTORNEY REQUIRED. The Attorney-in-Fact(resident agent)who executes this bond
on behalf of the surety company must attach a copy of his Power of Attorney as evidence of his authority. A notary
shall acknowledge the power as of the date of the execution of the surety bond that it covers.
Tract 2448 Page 22 of 45
57
ITEM NUMBER: A-4
DATE: 03/08/05
BOND FOR SECURITY OF INSTALLATION OF MONUMENTS
WHEREAS,the City Council of the City of Atascadero,State of California,and
CS Nino Building Corp.(hereinafter designated as"Principal")have entered into an agreement whereby Principal
agrees to install and complete certain designated public improvements,which said agreement identified as Final
Parcel Map 2004-0073 Subdivision Tract 2448,is hereby referred to and made a part hereof;and
WHEREAS,said Principal is required under the terms of said agreement to furnish a bond for the
installation of monuments pursuant to said agreement.
NOW,THEREFORE,we,the Principal and as surety,are held and firmly
bound unto the City of Atascadero hereinafter called("City"),in the sum of
dollars($ ),for the payment of which sum well and truly to be made,we bind ourselves,our
heirs,successors,executors and administrators,jointly and severally,firmly by these presents.
The condition of this obligation is such that if the above bounded Principal,his or its heirs,executors,
administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform
the installation of monuments pursuant to the said agreement and any alteration thereof made as therein provided,on
his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects
according to their true intent and meaning,and shall indemnify and save harmless City,its officers,agents and
employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in
full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall
be included costs and reasonable expenses and fees,including reasonable attorney's fees,incurred by City in
successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms
of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in
anywise affect its obligations on this bond,and it does hereby waive notice of any such change,extension of time,
alteration or addition to the terms of the agreement or to the work or to the specifications.
23
789186.1
58
IN WITNESS WHEREOF,this monument bond has been duly executed by the Principal and surety above
named,on this_day of February 2005.
Principal:
Name of Surety
CS Nino Building Corp.,
a California corporation
By:
Title:
Mailing Address of Surety and
By:
Telephone No. of Surety Title:
By:
Attorney in Fact
NOTE: If Principal is a partnership,all partners should execute the bond.
IMPORTANT:. Surety companies executing bonds must appear on the Treasury
Department's most current list (Circular 570 as amended) and be authorized to transact business
in California.
NOTICE: The signature of the Surety on this bond must be acknowledged before a
notary public, and this bond must be accompanied by evidence that the appointment as attorney
in fact has been recorded in Sacramento County.
MANDATORY: The Surety shall be authorized and licensed by the California
Insurance Commissioner as an "admitted surety insurer."
APPROVAL: Bonds must be approved by City.
,REQUEST TO INSURER TO SUBMIT DOCUMENTS:Execution of this document shall constitute
the City's formal request to the insurer to provide the City with an original of a certificate from the clerk of
Sacramento County that the certificate of authority of the insurer has not been surrendered,revoked,canceled,
annulled,or suspended or,in the event that it has,that renewed authority has been granted.
POWER OF ATTORNEY REQUIRED. The Attorney-in-Fact(resident agent)who executes this bond
on behalf of the surety company must attach a copy of his Power of Attorney as evidence of his authority. A notary
shall acknowledge the power as of the date of the execution of the surety bond that it covers.
SUBDIVISION MAINTENANCE BOND
GUARANTEE AND WARRANTY SECURITY
Tract 2448 Page 24 of 45
59
WHEREAS,the City Council of the City of Atascadero,State of California,and
CS Nino Building Corp("Principal")have entered into an agreement by which Principal agrees to install and
complete certain designated public improvements and to guarantee and warrant the work fora period of one year
followingits completion letion _
p and acceptance,which said agreement identified as Final Map 2004 0073 Subdivision
Tract 2448 is hereby referred rred to and made
apart hereof;and
WHEREAS,said Principalis required under the terms of said agreement to furnish a bond to guarantee and
warrant the work fora period of one year following its completion letion and acceptance against any defective work or
labor done,or defective materials furnished,to comply with the terms of said agreement.
P Y gr
NOW,THEREFORE,we,the Principal and
a admitted and duly
authorized to transact business us Hess under the laws of the State of California as surety,are held and firmly bound unto the
City of Atascadero as obligee( City"),in the penal sum of
($ )dollars lawful money of the United States,for the payment of which sum well and truly to
be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by
these presents.
The condition of this obligation is such that if the Principal,his or its heirs,executors,administrators,
successors or assigns,shall in all things stand to and abide by,provisions in the said agreement and any alteration
thereof made as therein provided,on his or its part to be kept and performed at the time and in the manner therein
specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless City,
its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it
shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall
be included costs and reasonable expenses and fees;including reasonable attorneys fees,incurred by City in
successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms
of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in
-- anywise affect its obligationsof this bond,and it does hereby waive notice of any such change,extension of time, - -- -- --
alteration or addition to the terms of the agreement or to the work or to the specifications. The sure waives all rights
of subrogation against the City or any person employed by the City.
Tract 2448
Page 25 of 45
60
IN WITNESS WHEREOF,this subdivision maintenance bond guarantee and warranty security has been
duly executed by the Principal and surety above named,on this_day of February 2005.
Principal:
Name of Surety
CS Nino Building Corp.,
a California corporation
By:
Title:
Mailing Address of Surety and
By:
Telephone No. of Surety Title:
By:
Attorney in Fact
NOTE: If Principal is a partnership, all partners should execute the bond.
IMPORTANT: Surety companies executing bonds must appear on the Treasury
Department's most current list(Circular 570 as amended) and be authorized to transact business
in California.
NOTICE: The signature of the Surety on this bond must be acknowledged before a
notary public,.and this bond must be accompanied by evidence that the appointment as attorney
in fact has been recorded in Sacramento County.
MANDATORY: The Surety shall be authorized and licensed by the California
Insurance Commissioner as an "admitted surety insurer."
APPROVAL: Bonds must be approved by City.
REQUEST TO INSURER TO SUBMIT DOCUMENTS:Execution of this document shall constitute
the City's formal request to the insurer to provide the City with an original of a certificate from the clerk of
Sacramento County that the certificate of authority of the insurer has not been surrendered,revoked,canceled,
annulled,or suspended or,in the event that it has,that renewed authority has been granted.
POWER OF ATTORNEY REQUIRED. The Attorney-in-Fact(resident agent)who executes this bond
on behalf of the surety company must attach a copy of his Power of Attorney as evidence of his authority. A notary
shall acknowledge the power as of the date of the execution of the surety bond that it covers.
Tract 2448 Page 26 of 45
61
Exhibit C-Road Maintenance Agreement
Final Map 2004-0073(Tract 2448)
1200 La Costa Court
CS Nino Construction
No recordingfee pursuant p s uant
to
Government Code Section 27383
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Atascadero
6905 E1 Camino Real, Suite 6
Atascadero,California 93422
Attn:City Clerk
(SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S
USE)
ROAD MAINTENACE AGREEMENT
THIS ROAD MAINTENCE AGREEMENT(this"Agreement")is made this day of
,20 ,by and between CS Nino Construction,Inc.,a California corporation
("Owner"),and the City of Atascadero,a municipal corporation organized and existing under the laws of
the State of California("City"),with respect to the following facts:
RECITALS :
A. Owner is the owner of certain real property located within the corporate limits of the City(the
"Property"),the legal description of which is attached hereto as Exhibit A and is incorporated herein by this
reference.
B. Owner has presented to the City a parcel map or final map(the"Map")of_a_proposed_subdivision
of the Property that has been prepared in accordance with the Subdivision Map Act of the State of
California,the subdivision ordinances of the City,and the tentative map of the subdivision previously
approved by the City. The proposed subdivision of land is commonly known and described as 1200 La
Costa Court(Tract 2448),and is hereinafter referred to as the"Subdivision."
C. Dedication of the road adjacent to the Subdivision,commonly known as La Costa Court,depicted
on Exhibit A-1,attached hereto(the"Road"),to the City for public use was rejected by the City on
D. Owner has asked that the City accept the previously rejected dedication to allow public access to
the Subdivision.
E. City has agreed to accept the previously rejected dedication,provided that,Owner agrees to
assume the obligation to maintain and repair the Road,as further set forth herein.
AGREEMENT:
NOW,THEREFORE,in consideration of the foregoing and the mutual covenants herein,Owner
and the City hereby agree as follows:
Tract 2448 Page 27 of 45
62
1. Definitions. As used herein, the following terms have the meaning set forth
below:
1.1 City. "City"means the City and its officers, employees, agents,
contractors, volunteers,franchisees or any other person acting on behalf of City.
1.2 Owner. "Owner"means the Owner and its heirs, successors and assigns,
including, without limitation, any natural or corporate person(s)having a legal or
equitable interest in the Property.
2. Maintenance. Owner shall,at its sole cost and expense,maintain the Road and make repairs,
restorations,and replacements to the Road;including,without limitation,the road surface,curbs,gutters
and sidewalks as and when needed to preserve them in good working order and condition,and regardless of
whether the repairs,restorations,and replacements are ordinary or extraordinary,foreseeable or
unforeseeable. All such repairs,restorations,and replacements will be in quality and class equal to the
original work or installations. If Owner fails to make those repairs,restorations,or replacements,City may
make them at the expense of Owner and the expense will be due and payable by Owner-within fifteen(15)
days after delivery of a statement for the expense. Provided,however,City shall not be obligated to make
any repairs,restorations or replacements to the Road. No repair,restoration or replacement performed by
City shall be deemed to constitute acceptance of the obligation to maintain the Road by the City.
3. Defense.Indemnification and Hold Harmless. Owner shall defend(with counsel selected by
Owner and approved by the City,in its sole discretion),indemnify,and hold harmless the City from any
and all claims,losses,damages,including property damage,personal injury(including death),costs
(including attorney fees),and liability of any kind or nature(collectively,"Claims")directly or indirectly
arising out of or in any way connected with this Agreement,save and except to the extent such Claims arise
from the negligence or willful misconduct of the City.
4. Insurance.
4.1 Commercial General Liability Insurance.Owner shall take out and maintain during the
term of this Agreement,commercial general liability insurance to insure against the Claims in an amount
not less than one million dollars($1,000,000)per occurrence and three million dollars($3,000,000)in the
aggregate.
4.2 Endorsements. Promptly upon execution of this Agreement,Owner shall provide the
City with certificates of insurance and original endorsements effecting coverage for the insurance policy
required by this Agreement. The endorsements and policies shall provide that thirty(30)days'written
notice of any change or cancellation of the insurance policies will be provided to the City. Such insurance
and endorsements shall name the City and its officers,employees,agents,contractors,franchisees or any
other person acting on behalf of City,as additional insureds with respect to liability arising out of the
Claims,and shall provide that such insurance is primary insurance with respect to the interest of the City
and that of any other insurance maintained by the City. The endorsements and policies shall include a
severability of interests(cross-liability)clause,and shall provide that no failure by the Owner to comply
with any reporting requirements in the policy will injure the rights of the City. The endorsements shall be
signed by a person authorized by the insurer to bind coverage on its behalf,and shall be in a form approved
by the City,such approval not to be unreasonably withheld,conditioned or delayed. Approval of the
insurance by the City shall not relieve or decrease any liability of Owner.
5. Recordation. Owner shall record this Agreement in the office of the Recorder of the County of
San Luis Obispo,State of California,against the Property prior to approval of the Map for the Subdivision,
and receipt of proof of such recordation,to the reasonable satisfaction of City,shall be a condition
precedent to City's approval of the Map for the Subdivision. Costs for recording,if any,shall be borne by
Owner.
Tract 2448 Page 28 of 45
63
6. Agreement as Running Covenant and Equitable Servitude. This Agreement shall inure to the
benefit of,and be binding upon,the successors and assigns of the respective parties. This Agreement shall
constitute a covenant running with the land and shall,in any event,and without regard to technical
classification or designation,be to the fullest extent permitted by law and equity binding for the benefit of
the City and enforceable by the City against the Owner,its successors and assigns as a covenant running
with the land.
7. Assignment.
7.1 City's Consent. Without City's prior written consent,which City agrees will not be
unreasonably withheld,Owner will not assign this Agreement in whole or in part.
7.2. Submission of Information. If Owner requests City's consent to a specific
assignment,Owner will give City,at the time of its request: (i)the name and address of the proposed
assignee,(ii)a copy of the proposed assignment,and(iii)banking,financial or other credit information
about the proposed assignee sufficient to enable City to determine the financial responsibility of the
proposed assignee.
8. Integration. This Agreement is an integrated agreement. It supersedes all prior negotiations,
representations,or agreements,either written or oral.
9. Modification or Termination. This Agreement may be amended or terminated only by a written
instrument signed by the parties. Owner shall bear all costsof amendments to this Agreement that are
requested by the Owner.
10. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to
be illegal,invalid,or unenforceable,the remainder of this Agreement will not be affected,and in lieu of
each provision that is found to be illegal,invalid,or unenforceable,provision will be added as a part of this
Agreement that is as similar to the illegal,invalid,or unenforceable provision as may be possible and be
legal,valid,and enforceable.
11. Time of Essence. Time is of the essence of each and every provision of this Agreement.
12. Attorneys Fees. If City and Owner litigate any provision of this Agreement or the entry into this
Agreement,or the subjectmatterof this Agreement,the unsuccessful litigant will pay tothesuccessful-
litigant all costs and expenses,including reasonable attorneys'fees and court costs,incurred by the
successful litigant at trial and on any appeal.
13. No Waiver. No waiver of any condition or agreement in this Agreement by either City or Owner
will imply p y or constitute its further waiver of that or any other condition or agreement.
14. Authority. If Owner signs this Agreement as a corporation,each of the persons executing this
Agreement on behalf of Owner warrants to City that Owner is a duly authorized and existing corporation,
that Owner is qualified to do business in the State of California,that Owner has full right and authority to
enter into this Agreement,and that each and every person signing on behalf of Owner is authorized to do
so. Upon City's request,Owner will provide evidence satisfactory to City confirming these representations.
15. No Construction Against the Preparer. This Agreement has been prepared by City and its
professional advisors and reviewed by Owner and its professional advisors. Owner,City,and their separate
advisors believe that this Agreement is the product of all of their efforts,that it expresses their agreement,
and that it should not be interpreted in favor of either Owner or City or against either Owner or City merely
because of their efforts in preparing it.
Tract 2448 Page 29 of 45
64
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by their
respective officers hereunto duly authorized as of the day and year first written above.
OWNER:
CS Nino Construction,Inc., a
California corporation
By:
Name:
Title:
CITY:
City of Atascadero,
a municipal corporation
By:
Name:
Title:
ATTEST:
Marcia M.Torgerson,City Clerk
APPROVED AS TO FORM:
KRONICK,MOSKOVITZ,TIEDEMANN
&,GIRARD,a Professional Corporation
Patrick L.Enright,City Attorney
LIST OF EXHIBITS
Exhibit A Legal Description of Property
Exhibit A-1 Depiction of Road
Tract 2448 Page 30 of 45
65
ITEM NUMBER:
DATE:
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
The followingdescribed real property in the City of Atascadero,County of San Luis Obispo,State of
California:
Lot 10 of Tract No.2234,in the City of Atascadero,County of San Luis Obispo,State of California
according to map recorded November 20, 1997 in Book 18 at Page 34 of Maps,in the Office of the County
Recorder of said County.
Tract 2448 Page 31 of 45
66
ITEM NUMBER:
DATE
Exhibit D-Agreement to Provide Housing Units for Persons and Families of Low income
Final Map 20040073(Tract 2448)
1200 La Costa Court
CS Nino Construction
RECORDING REQUESTED BY AND
WHEN RECORDED-RETURN TO:
City of Atascadero
Community Development Department
6500 Palma Avenue
Atascadero, CA 93422
AGREEMENT TO PROVIDE HOUSING UNITS
FOR PERSONS AND FANIILIES OF LOW INCOME
THIS AGREEMENT is made and entered into this day of
2005, by and between the CS Nino Construction, Inc., a
California corporation, hereinafter referred to as "Developer," and the CITY OF
ATASCADERO, a political subdivision of the State of California,hereinafter referred to
as "City."
WITNESSETH
WHEREAS,Developer is the record owner of certain real property (hereinafter
referred to as"Developer's Property") located in the City of Atascadero, County of San
Luis Obispo,State of California, described in Exhibit A attached hereto and incorporated
by reference herein as though set forth in full; and
WHEREAS,Developer proposes to develop and construct single family
residential units on Developer's Property known as Lots of Tract 2448
(TPM 2002-0018) (hereinafter referred to as the"Project"); and
WHEREAS, as proposed by Developer in exchange for a planned development
approval,Developer is required by Condition 9 of the tentative tract man TTM 2002-
0018 (Tract 24481 to record a deed restriction against 3 parcels (Lots and
) requiring affordable housing units be provided to Moderate Income households
80-120% of San Luis Obispo County median income) consistent with California
Government Code Section 50093 for a period of 30-years; and
Tract 2448 Page 32 of 45
67
ITEM NUMBER:
DATE:
WHEREAS,Developer has supplied City with a current title company
preliminary title report or lot bookuarantee listing all trust deed beneficiaries and
g g
mortgagees, if any,under prior recorded deeds of trust and mortgages on Developer's
Property.
NOW, THEREFORE, in consideration of City approval of planned development
rp oiect, and in further consideration of the mutual promises,covenants and conditions
herein contained and the substantial public benefits to be derived therefrom,the parties
hereto agree as follows:
1. Continued availability of residential unit. The residential units located on the
property shall be sold or rented under this agreement subject to the long-term
housing affordability provisions consistent with the income limits of Moderate
Income households (80-120% of San Luis Obispo County median income)
consistent with California Government Code Section 50093 for a period of
30-years following the date of recordation of this document.
2. Selection of owners and tenants. The Developer or Developer's appointee
shall make the selection of the buyers or tenants for the affordable units
(households). Each buyer or tenant will be required to fill out"Household
Income Summary", described in Exhibit B attached hereto and incorporated
by reference herein as though set forth in full, to be screened for eligibility
and certified as income qualified pursuant to paragraph 1 above. As used in
this agreement, the term"household" shall mean the occupants (excluding
minors) of each affordable unit who contribute to the household income.
3. Continuing eligibility of tenants (renters only). Tenant incomes shall be
recertified once each year. The Developer or subsequent owner shall notify
P q Y
Tract 2448 Page 33 of 45
68
ITEM NUMBER:
DATE:
each tenant in writing at least sixty(60) days in advance of the impending
hall
recertification. The notifications require the tenant to submit to the
certifying entity(as identified in paragraph 2 above) a declaration of income
within thirty (30)days in a form approved by the Atascadero Community
Development Director. The certifying entity shall verify the accuracy of the
declaration, certify the tenant's income accordingly and notify the tenant in
writing of the certification and any implications of the tenant's income
exceeding the low and moderate income standards pursuant to paragraph 1
above. If during the annual recertification,the tenants have become ineligible
under the household income limits after occupying the affordable units,they
may remain in possession of their units for the next year. Provided,however,
if at the end of the next year during annual recertification the tenants are still
ineligible under the household income limits then the tenants shall vacate the
premises within ninety(90) days-after the date of annual recertification and
said premises shall be occupied thereafter by tenants that are eligible under the
household income limits set forth in paragraph 1 above. Should a tenant fail
or refuse to supply the information required for the annual recertification,the
tenant shall be deemed to be over income and shall be required to vacate the
premises within ninety(90) days after the date of the annul recertification. A
tenant that is receiving rental assistance through the Authority shall be
deemed to meet the household income limits of this agreement and the
Developer shall be relieved of the annual recertification requirements of this
paragraph during that time period.
Tract 2448 Page 34 of 45
69
ITEM NUMBER:
DATE:
4. Affordable sales prices or rent. The sales price or rent level of the affordable
units shall not exceed the current Fair Market Rents as published annually by
San Luis Obispo County Department of Planning and Building for Moderate
Income households (80-120% of San Luis Obispo County median incomel
consistent with California Government Code Section 50093 for period of
30-years. The sales price or rent level may be adjusted annually by the
change in the published Fair Market Rents, except that tenants receiving rental
assistance may not have their rents adjusted by more than the published
annual adjustment factor. A special adjustment to reflect increases in the
actual and necessary expenses of owning and maintaining the units which
have resulted from substantial generalincreases in real property taxes, utility
rates or similar costs may be granted,but only to the extent that the Developer
clearly demonstrates that such general increases are not ade uatel
q Y
compensated for by the annual adjustment provided for above. Any such
special increases shall require written approval of the Community
Development Director and in no case shall the increase provide for a rent level
in excess of 110 percent of the Fair Market Rents. Notwithstanding any other
provision of this paragraph,the rent level for the affordable units shall not
exceed the Fair Market Rents for comparable housing units in the community
in which the Project is located, as determined by the Authority or such other
agency as may be designated in writing by the Community Development
Director.
5. Tenant Eligibility Reporting (renters only). Developer or owner shall report
annually in writing to Cit in a form acceptable to the Community
Y P Y
Tract 2448 Page 35 of 45
70
ITEM NUMBER:
`DATE:
Development Director,no later than February 1"of each year on the
occupancy of the affordable units. The report shall include at a minimum for
P Y P
each affordable unit the rent paid,the household income,and the household
size. The adult members of the household shall be identified by name. The
City shall maintain the confidentiality of such personal information to the
extent permitted by law,and such information shall be used only for necessary
audit and administrative purposes.
6. Maintenance of affordable units. The affordable units are to be maintained in
a reasonable and habitable condition. The affordable units shall be maintained
to no lesser standard than that which generally prevails in other housing units
of the Project, and the owner or tenants of the affordable units shall be entitled
to no lesser degree of rent inclusive benefits,including without limitation
parking privileges, storage privileges, utility services recreational facilities, or
other advantages, than tenants of other housing units in the Project.
7. Indemnification. Developer shall defend,indemnify and save harmless the
City of Atascadero ("City"),its officers, agents and employees from any and
all claims, demands, damages, costs, expenses,judgments,or liability arising
out of the construction of the Project, or occasioned by Developer's failure to
perform its obligations as required by this Agreement. Nothing contained in
the foregoing indemnity provisions shall be construed to require Developer to
indemnify the City against(i) any legal challenge arising out of the City's
approval of the Project, or(ii) any responsibility or liability in contravention
of Section 2782 of the Civil Code.Further, nothing contained in the foregoing
indemnity provisions shall be construed to limit or otherwise modify the City's
Tract 2448 Page 36 of 45
71
ITEM NUMBER:
DATE:
obligation to defend,hold harmless and indemnify Developer,its operators,
successors and assigns with regard to claims arising out of Developer's good
faith participation in the City's 'Workforce and Affordable Housing Selection
Plan' ("Plan")as set forth in the Plan, executed between Developer and the
City, dated
8. No assignment without consent.Developer shall not have the right to assign or
transfer this agreement, or any part hereof, without the prior written consent of
the City, whose consent will not be unreasonable withheld.
9. Binding on successors in interest.This agreement shall be deemed an
equitable servitude and a covenant running with the land described herein and
shall be binding on the parties hereto and their heirs,assigns, and successors
in interest. Developer further agrees that reference to this agreement, its
obligations,and the restrictions on the use and enjoyment
� of Developer's
Property shall be referred to and made a part of any deed conveying
Developer's Property or any portion thereof.
10. Effect of waiver. City's waiver of the breach of anyone term, covenantor
provision of this agreement shall not be a waiver of a subsequent breach of the
same term, covenant or provision of this agreement or of the breach of any
other term, covenant or provision of this agreement.
11. Enforceability. If any term, covenant, condition or provision of this agreement
is held by a court of competent jurisdiction to be invalid. Void or
unenforceable, the remainder of the provisions hereof shall remain in full
force and effect and shall in no way be affected,impaired, or invalidated
thereby.
Tract 2448 Page 37 of 45
72
ITEM NUMBER:
DATE:
12.Law governing and venue.This agreement has been executed and delivered
in, and shall be interpreted, construed, and enforced pursuant to and in
accordance with the laws of the State of California. All duties and obligations
of the parties crated hereunder are performable in the County of San Luis
Obispo, and such County shall be that venue for any action, or proceeding that
may be brought, or arise out of, in connection with or by reason of this
agreement.
13.Notices. Unless otherwise provided,all notices herein required shall be in
writing, and delivered in person or sent by United States first class mail,
postage prepaid. Notices required to be given to City shall be addressed as
follows: Community Development Director, City of Atascadero, 6905 El
Camino Real, Suite 6, Atascadero, California 93422. Notices required to be
given to Developer shall be addressed as follows: CS Nino Construction
� P , 395
Hitch Drive,Hollister, California 95023. Provided that any party may change
such address by notice in writing to the other party and thereafter notices.shall
be addressed and transmitted to the new address.
14.Developer not agent of Citv.Neither Developer nor any of Developer's agents
or contractors are or shall be considered to be agents of City in connection
with the performance of Developer's obligations under this agreement.
15. Agreement to be recorded.Developer and City intend and consent to the
recordation of this agreement in the office of the County Recorder of the
County of San Luis Obispo.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of
the day and year first above written.
Tract 2448 Page 38 of 45
73
ITEM NUMBER:
DATE:
DEVELOPER:
CS Nino Construction.
a California corporation
By:
Name:
Title:
Tract 2448 Page 39 of 45
74
R
ITEM NUMBER:
DATE:
State of California }
County of San Luis Obispo}
On ,20_, before me , Notary Public,
personally appeared , ( ) personally known to me, or( ) proved
to me on the basis of satisfactory evidence, to be the person(s)whose name(s) is/are subscribed to
the within instrument and acknowledged to me that (s)he/they executed the same in his/her/their
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity(ies)
upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
Notary Public
Capacity claimed by signer(s):
( ) individual(s) O corporation O partnership O attorney-in-fact O political agency
Tract 2448 Page 40 of 45
75
ITEM NUMBER:
DATE:
CITY:
City of Atascadero, a political subdivision
of the State of California
By:
Wade McKinney
City Manager
State of California }
County of San Luis Obispo}
On , 20_, before me, Notary Public,
personally appeared , O personally known to me, or( ) proved
to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that (s)he/they executed the same in his/her/their
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity(ies)
upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
Notary Public
Capacity claimed by sioner(s):
( ) individual(s) ( )corporation O partnership O attorney-in-fact O political agency
Approved as to form:
Patrick Enright, City Attorney
Tract 2448 Page 41 of 45
76
ITEM NUMBER:
DATE:
Exhibit A
Legal Description
Tract 2448 Page 42 of 45
77
ITEM NUMBER:
DATE:
Exhibit B
Household Income Summary
HOUSEHOLD INCOME SUMMARY (CONFIDENTIAL)
The following information is requested by the City of Atascadero to determine the total income of
a household, which proposes to purchase or rent a housing unit designated as low or moderate
income housing. The City may independently verify reported income by source. This information
will be held confidential and will not be open for review by the public.
Property Address Total number of persons in household
Names of Adults in Household: Their Sources of Income Income Amounts Name/Address of Income
Source
1 Salaries/wages $
AFDC/welfare $
Social Security $
Pensions,etc.: $
Other( ) $
Total $
2. Salaries/wages $
AFDC/welfare $
Social Security $
Pensions,etc.: $
Other( ) $
Total $
3. Salaries/wages $
AFDC/welfare $
Social Security $
Pensions,etc.: $
Other( ) $
Total $
4. Salaries/wages $
AFDC/welfare $
Social Security $
Pensions,etc.: $
Other( ) $
Total $
Total Household Income $
Uwe hereby certify that the above information and statements are true, accurate and
complete. Uwe authorize the City of Atascadero to request and obtain verification of
my/our income.
Tract 2448 Page 43 of 45
78
ITEM NUMBER:
DATE:
Signature Date Signature
Date
Tract 2448 Page 44 of 45
79
ITEM NUMBER:
DATE:
Exhibit E-Draft Resolution for Acceptance of La Costa Court
Final Map 20040073(Tract 2448)
1200 La Costa Court
CS Nino Construction
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, TO ACCEPT LA COSTA COURT
FOR ROAD PURPOSES
WHEREAS,Andrew B.Charnley,made an offer to dedicate,to the public,La Costa Court for public
road purposes;and,
WHEREAS, the City, on November 20, 1997,recorded Tract 2234 (Map Book 18 Page 34) in the
Official Records of San Luis Obispo County,and rejected the offer of dedication for La Costa Court.
NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of Atascadero
SECTION 1. Acceptance of Offer of Dedication. That City Council accepts the offer of dedication
of La Costa Court for road purposes and incidental uses.
SECTION 2. Road Maintenance Agreement. That CS Nino Construction,Inc.does enter a Road
Maintenance Agreement with City Council,for the maintenance of La Costa Court.
On motion by Council Member and seconded by Council Member
the foregoing Resolution is hereby adopted in its entirety on the following roll
call vote:
AYES:
NOES
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
Wendy Scalise,Mayor
ATTEST:
Marcia McClure Torgerson,City Clerk
APPROVED AS TO FORM:
Patrick L.Enright,City Attorney
Tract 2448 Page 45 of 45
80
ITEM NUMBER: A- 5
DATE: 03/08/05
xis � xa i
(ADS
Atascadero City,Council
Staff Report Public 'Works Department
Fina[Map 2004-0077
(Tract 2546) (TTM 2003=0032)
(4900 Obispo Road Shores / Wilson)
RECOMMENDATIONS:
Council:
1. Accept Final Parcel Map 2004-0077 (Tract 2546); and,
2. Reject, without prejudice to future acceptance, the offers of dedication for Streets
• and Public Utility Easement; and,
3. Authorize City Manager to execute a SubdivisionImprovement Agreement; and,
4. Authorize City Manager to sign Agreements to Provide Housing Units for
Persons and Family of Low Income.
DISCUSSION:
Vesting Tentative Tract Map 2003-0032/Tract 2546 was approved by the City Council
on January 27, 2004. The subdivision creates 8 single,family residential lots.
Pursuant to California Government Code Section 66440 the approving legislative body
(City Council) cannot deny a final map that is consistent with an approved tentative
map. The legislative body is also required to accept, accept subject to improvement, or
reject on behalf of the public, any real property offered for dedication for public use in
conformity with the terms of the offer of dedication. Staff recommends rejecting the offer
of dedication for streets and public utility easements without prejudice to future
acceptance. Staff has determined that the Final Tract Map is consistent with approved
Vesting Tentative Tract Map,
FISCAL IMPACT: None
ATTACHMENTS: Exhibit A: Final Map 2004-0077 (Tract 2546)
81
Exhibit A-Map
Final Map 20040077(Tract 2546) 5
4900 Obispo Road
Shores t Wilson
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STS p F
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82 Tract 2546 Page 2 of 2
ITEM NUMBER: A-6
• DATE: 03/08/05
A
1918 Zra
Atascadero City Council
Staff Report- Public Works Department
Final Map 2004-0090
(Tract 2628) (TTM 2004-0053)
(7257 Parriza Court Gearhart/Wilson)
RECOMMENDATIONS:
Council accept Final Parcel Map.2004-0090 (Tract 2628).
DISCUSSION:
Tentative Tract Map 2004-0053 / Tract 2628 was approved by the City Council
on June 22 2004. The subdivision includes two residential lots located at 7257
Parriza'Court.
Pursuant to California Government Code Section 66440 the approving legislative
body (City Council) cannot deny a final map that is consistent with an approved
tentative map. The legislative body is also required to accept, accept subject to
improvement, or reject on behalf of the public, any real property offered for
dedication for public use in conformity with the terms of the offer of dedication.
There are no offers of dedication on this map. Staff has determined that the
Final Tract Map is consistent with approved Tentative Tract Map.
FISCAL IMPACT: None
ATTACHMENTS: Exhibit A: Final Map 2004-0090 (Tract 2628)
83
ITEM NUMBER: A-6
DATE: 03/08/05
Exhibit A
Final Map 20040090(Tract 2628)
7257 Parriza Court
Gearhart/Wilson
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84
ITEM NUMBER:U ER. A-7
lion on DATE: 03/08/05
1918 r97-9
Atascadero City Council
Staff Report - Public Works Department
Final Map 2004-0088
(Parcel Map AT 03-0192) (TPM 2003-0036)
-(5460 Marlquita Ave. Feytko/Wilson Land Surveys)
RECOMMENDATIONS
Council,
1. Accept Final Parcel Map 2004-0088 (Parcel Map AT 03-0192);'and,
2. Reject,without prejudice to future acceptance, the offer of dedication of
public utility easement.
DISCUSSION: -
Vesting Tentative Parcel Map 2003-0036 was approved by the City Council on
September 23, 2003. The subdivision includes 4 lot subdivision on APN 029-
292-024.
Pursuant to California Government Code Section 66440 the approving legislative
body (City Council) cannot deny a final map that is consistent with an approved
tentative map. The legislative body,is also required to accept, accept subject to
improvement, or reject on behalf of the public, any real property offered for
dedication for public use in conformity with the terms of the offer of dedication.
Staff recommends rejecting the offer of dedication for public utility easements
without prejudice to future acceptance. Staff has determined that the Final
Parcel Map is consistent with approved Vesting Tentative Parcel Map.
FISCAL IMPACT: None
ATTACHMENTS: Exhibit A: Final Map 2004-0088 (Parcel Map AT 03-
0192)
85
ITEM NUMBER: A-7
DATE: 03/08/05
Exhibit A
Final Map 2004-0088(Parcel Map AT 03-0192)
5460 Marlquita
Feytko/Wilson
s
14
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r
I
-
1 -
*4
S
86
ITEM NUMBER:
DATE: 03108/05
1918 � a9�?g
i:
Q tascadero City Council
Agenda Report Public Works Department
Sidewalk Improvement Project - Phase-I
Bid No. 2005-002
RECOMMENDATIONS:
Council
1. Authorize the City Manager to execute an agreement with Granite Construction
Company in the amount of $129,268.25 for construction of the Sidewalk
Improvement Project— Phase I; and,
2. Authorize the City Manager to execute up to $95,000.00 in Change Order # 1
with Granite Construction Company; and,
3. Authorize the City Manager to execute additional change orders up to 20% of the
project construction cost ($224,270.00);and,
4. Authorize Public Works' Director to file Notice of Completion_upon project
completion.
DISCUSSION:
Public Works staff has located various locations in Atascadero where sidewalk and
handicap ramps do not exist or do not meet ADA requirements. The City Council has
allocated Community Development Block Grant (CDBG) Funds for the design and
construction of these improvements.
On February 11, 2005 at 2:00 p.m., bids were received and publicly opened for the
Sidewalk Improvement Project - Phase 1. The bids have been checked for
completeness and accuracy and staff finds Granite Construction Company to be the
lowest responsive bidder with a bid of $129,268.25. The Engineer's Estimate for this
project was $135,546.70.
The City Council allocated additional CDBG funding for sidewalk and handicap ramps
at the meeting on February 22, 2005. This is the reason for Change Order # 1. Staff will
work with Granite Construction to add additional sidewalks, handicap ramps and eligible
improvements to increase the scope of the project up to $95,000.00.
87
ITEM NUMBER: A-8
DATE: 03/08/05
A bid summary prepared by the City Clerk has been included for reference.
"
FISCAL IMPACT:
EXPENDITURES
Design $12,500.00
Construction $129,270.00
Change Order# 1 $95,000.00
Construction Subtotal $224,270.00
Construction Support (10% of Construction) $22,427.00
Contingency(20% of Construction) $44,854.00
TOTAL PROJECT EXPENDITURES $304,051.00
REVENUES
1994-2003 CDBG Funds $307,470.00
TOTAL PROJECT REVENUES $307,470.00
ALTERNATIVES:
1. Do not Award Contract—CDBG funding relinquished.
ATTACHMENTS:
Bid Summary
88
CITY OF ATASCADERO
Office of the City. Clerk
BID SUMMARY
TO: Public Works
FROM: Marcia McClure Torgerson, C.M.C., City Clerk
OPENED: 2:00 p.m.—2/11/05
PROJECT: Sidewalk Improvement
BID NO.: 2005-002
6 Bids were received and opened today,.as follows:
Bidder Total Bid Price
Brinar Construction,Inc. $164,218.75
Wysong $197, 171.00
Granite Construction $129,268.25
Souza Construction, Inc. $166,228.00
R.Burke Corporation $170,267.80
MGE Underground, Inc. $182,059.50
i
89
ITEM NUMBER: A-9
DATE: 03/08/05
1918. - '19 g
A tascadero City Council
Staff Report- Community Development.Department
Zone Change 2003-0075
7.257 P.arriza Court
(Gearhart /Wilson Land Surveys)
RECOMMENDATION:
Council adopt.on second reading, by title only, draft Ordinance <A approving Zone
Change 2003-0075 based on findings:
DISCUSSION:
The project consists of an application for a Zone Change, Amendment to
Conditional Use Permit Master Plan of Development and a Tentative Tract Map.
The Zone Change request would change one lot from CR to RMF-16 and extend the
PD 7 overlay,over the lot, consistent with the neighborhood on,Parriza Court.
This item was originally heard and approved on a 4-1 vote by the City Council on
June 22, 2004.
-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 proposed uses.
ATTACHMENTS:
1. Draft Ordinance A, Proposed Zoning Map Change 2003-0075
90
ATTACHMENT 1: Draft Ordinance A
DRAFT ORDINANCE A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF'ATASCADERO
APPROVING ZONE CHANGE 2003-0075 THEREBY AMENDING THE ZONING
MAP DISTRICT OF APN 030-081-027 FROM CR(COMMERCIAL RETAIL) TO
RMF-16/PD-7 (RESIDENTIAL MULTI-FAMILY WITH A PD-7 OVERLAY
DISTRICT) SUBJECT TO A MASTER PLAN OF DEVELOPMENT.
(7257 Parriza Court/APN 030-081-027 &033/Gearhart)
WHEREAS, an application has been received from Kelly Gearhart and Morro Road
Homes, LLC, 6205 Alcantara Avenue, Atascadero, CA 93422, (Applicant & Owner),to
consider a project consisting of a zone change from CR (Commercial Retail) to RMF-16 7
PD-7 (Residential Multi-Family with Planned Development Overlay#7) with the adoption of
a Master Plan of Development, and an two-lot residential tract map, on a .36 acre lot located
at 7257 Parriza Ct. (APN 030-081-033); and,
WHEREAS, the site's General Plan Designation is GC (General Commercial); and,
WHEREAS, the PlanningCommission has recommended to the Cit Council that
Y
the General Plan Designation be changed from GC (General Commercial) to HDR (High
Density Residential); and
WHEREAS,the site's current zoning district is CR (Commercial Retail); and,
WHEREAS, the Planning Commission has determined that it is in the best interest of
the City to enact this amendment to the Zoning Map to protect the health,safety and welfare
of its citizens by applying orderly development of the City; and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of
the California Environmental Quality Act(CEQA) have been adhered to and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone
Change application was held by Planning Commission of the City of Atascadero on May
18,;2004 at which hearing evidence, oral and documentary, was admitted on behalf of said
zoning amendments; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on May 18, 2004, studied and considered Zone Change 2003-0075, after first studying
and considering the Certified Mitigated Negative Declaration prepared for the project site,
and,
91
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zoning
Map Amendment application was held by the City Council of the City of Atascadero on June
22, 2004 at which hearing evidence, oral and documentary, was admitted on behalf of said
zone change request; and
WHEREAS, the City Council of the City of Atascadero, at a Public Hearing held on
Tuesday,March 8, 2005, studied and considered Zoning Map Amendment 2003-0075; and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ATASCADERO TAKES THE FOLLOWING ACTIONS:
SECTION 1. Findings for Approval of a Zone Change from CR to RMF-16 and
Creating a PD-7 Planned Development Overlay District. The City Council finds as
follows:
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.
4. The proposed zone change is consistent with the certified Mitigated Negative
Declaration prepared for the project.
5. Modification of development standards or processing requirements is
warranted to promote orderly and harmonious development.
6. Modification of development standards or processing requirements will
enhance the opportunity to best utilize special characteristics of an area and
will have a beneficial effect on the area.
7. Benefits derived from the overlay zone cannot be reasonably achieved through
existing development standards or processing requirements.
8. Proposed plans offer certain redeeming features to compensate for the
requested modification.
I
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular
session assembled on March 8, 2005 resolved to approve on second reading, by title only, an
ordinance that would rezone the subject site consistent with the following:
92
1. Exhibit A: Zone Change Map
SECTION 3. Summar A summary of this ordinance, approved b the Cit
Summary. �'Y pP Y Y
Attorney,together with the ayes and noes, shall be published at least five days prior to its
final passage in the Atascadero News, a newspaper published and circulated in the City of
Atascadero, and before the expiration of fifteen (15) days after its final passage. A copy of
the full text of this ordinance shall be on file in the City Clerk's Office on and after the date
following introduction and passage and shall be available to any interested member of the
public.
SECTION 4. Effective Date. This ordinance shall be effective at 12:01 a.m. on the
31"day after its passage.
INTRODUCED at a regular meeting of the City Council held on March 8,2005 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
ABSENT
ABSTAIN:
ADOPTED:
CITY OF ATASCADERO
Wendy Scalise,Mayor
Attest:
Marcia McClure Torgerson, City Clerk
APPROVED AS TO FORM:
Patrick L. Enright,City Attorney
93
Exhibit A of Draft Ordinance A Zone ChangeMap
ZCH 2003-0075
j
Zoning District Diagram
il-
APN 030-081-027r
Parriza Court
Existing Zone: CR
Amended Zone: RMF-16/PD 7 Overlay
r
6 �
Santa Ysabel Ave
r f }
X
r�
94
ITEM NUMBER: A- 10
DATE: 03/08/05
'18 1 87
+� CADS
A tascadera City Council
Staff Report- Public Works Department
Garcia Road Bridge Right of Way Acquisition
RECOMMENDATIONS:
Council:
1. Authorize the City Manager to execute the Easement Purchase Agreements for
the Garcia Road Bridge; and,
2. Authorize the City Clerk to accept the permanent and temporary easements for
the Garcia Road Bridge; and,
3. Authorize the Administrative Services Director to pay the Grantors per the
Easement Purchase Agreements for the Garcia Road Bridge.
DISCUSSION:
This project is the removal and replacement of an existing one-lane wooden bridge
crossing a tributary of Graves Creek on Garcia Road. The Bridge will be replaced with a
new two-lane single span reinforced concrete bridge. The project will include road
reconstruction to allow a smoother crossing, utility relocation, tree removal and planthg,
and other features necessary to construct a bridge.
The project requires that permanent easements (for right-of-way) and temporary
easements (for use during the construction period only) be obtained from the properties
on each side of the roadway. Staff and the adjoining property owners have reached
agreement on the terms of the Easement Purchase Agreement.
FISCAL IMPACT:
The budgeted project is funded with 80% Highway Bridge Replacement and
Rehabilitation Program (HBRRP) Funds and 20% Circulation Fees. The appraised
value and payment for the easements is as follows:
APN 049-182-019 (Dulitz) $5,300.00
APN 049-092-034 (Ducasse) $12,000.00
ITEM NUMBER: B- 1
DATE: 03/08/05
19-18, r97-9 -
tA;D��
Atascadero City Council
Staff Report Community Development Department
Commercial Zoning Text Amendment
Zone Change 2004-0094
(City of Atascadero)
RECOMMENDATIONS:
Planning Commission Recommends: Council:
1. Adopt Resolution A certifying Proposed Mitigated Negative Declaration 2004-
0045;and,
2. Introduce for first reading, by title only, draft Ordinance A approving Zone Text
• Change 2004-0094 updating the CR, CT, CS, and. CPK zoning districts, and
updating land use definitions based on findings, and with staff recommended
changes.
REPORT-IN-BRIEF:
The proposed Zone Change consists of a Text Amendment to update uses allowed
p and
conditionally allowed within the Commercial Zoning Districts consistent with the General
al
Plan.
DISCUSSION:
Situation and Facts:
1. Applicant: City of Atascadero
2. General Plan Designation: Citywide, currently applies to:
General Commercial (GC)
Commercial Park (CPK)
Service Commercial (SC)
3. Zoning District: Citywide, changes apply tY g Pp Y to:
Commercial Retail (CR)
Commercial Tourist (CT)
95
i
Commercial Park (CPK)
Commercial Services (CS)
Mitigated 4. Environmental Status.: Proposed g ated Ne gative
Declaration 2004-0045
Background:
On January 18, 2005, the Planning Commission held a public hearing-for'the proposed
project and zoning code amendment and recommended that the City Council approve
the proposed zone text amendment on a 7-0 vote.
City's General Plan, adopted in 2002, contains;policies which focus on updating allowed
and conditionally allowed uses within Commercial Zoning Districts. Additionally, the
General Plan calls for expanding uses within the Commercial Tourist Zone, defining
bars, dance halls, night clubs, and drive-through restaurants as conditionally allowed
uses, and abating uses solely devoted to outdoor storage.
Summary:
The proposed Zone Text Amendment is summarized as follows:
■ Adjustments to the following use definitions: Bar/Tavern, eating and drinking places,
eating and drinking places with drive-through facilities.
■ Update the 'CT zoning district to conditionally allow Bar/Tavern. Add Financial •
P 9 Y
services; Furniture, home furnishings, and equipment; General merchandise stores,
and Offices as allowed uses in the CT Zoning District. Change amusement services
from allowed use to conditionally allowed use in the CT ZoningDistrict
Conditionally allow drive-through restaurants to CR, CT, CN, CP, and CPK Zoning
Districts.
■ Add Bar/tavern as a conditionally allowed use in the CR Zoning District. Change
vehicle & equipment storage from allowed use to conditionally allowed use in the CR
Zoning District.
■ Change storage yards from allowed use to conditionally allowed use in the CS
Zoning District.
■ Add Bar/tavern and eating and drinking places where areas of use are greater than
two thousand five hundred (2,500) square feet per store to conditionally allowed
uses in the CPK Zoning-District.
Adding Bar/Tavern as an allowed use in the Downtown Zoning District to maintain
current allowed uses. (See discussion below)
96
Analysis:
Expanding Uses within the Commercial Tourist Zoning District
The Zoning Ordinance currently limits office and retail use within the Commercial
Tourist Zone, permitting such uses only when they are subordinate to an allowed use.
General Plan Policy 13.3.3 supports an expansion of allowable uses within this zone.
The proposed amendment will allow office and retail uses independent of another use
within the Commercial Tourist Zone. The amendment will create additional development
opportunities for existing vacant and under-utilized sites and will allow smaller parcels to
develop with small-scale retail and office uses.
Bars. Dance Halls, and Night Clubs:
Dance Halls and Night Clubs are currently included in the "Amusement Services" land
use definition and are defined as principal uses which are not part of a eating and
drinking establishment. Also included in the land use definition for "Amusement
Services' are bowling alleys, pool halls,, skating rinks, ballrooms, card rooms, exercise
facilities, and gymnasiums. As these uses can have potential impacts to adjacent uses,
General Plan Policy LOC 3.1.11 calls for an update to the Zoning Ordinance to ensure
that conditional use permit approval is required for these uses. The Conditional Use
Permit process provides the opportunity for the public and the Planning Commission to
review the specifics of land use proposals, such as use compatibility, architectural and
site design, signage, noise, hours of operation, buffering, and specific standards of the
Zoning Ordinance.
At this time, amusement services are conditionally allowed in the Commercial Retail and
Commercial Service Zoning Districts and are currently allowed in the Commercial
Tourist Zoning_ Districts. The proposed Zone Text Amendment_ would update the
Commercial Tourist Zoning District to require a Conditional Use Permit for such uses. In
addition, the proposed Zone Text update recognizes the distinction between bars and
other listed types of amusement services creating a new land use definition for
establishments primarily engaged in the sale of alcohol. Bars and similar uses are
proposed as conditional uses within the Commercial Retail, Commercial Tourist, and
Commercial Park Zoning Districts.
Drive-through Restaurants:
Currently, drive-through restaurants are included in the definition for eating and drinking
places. The proposed Zone Text Amendment would update the land use definitions to
add drive-through restaurants as a separate use, allowing restaurants with drive-
through services to be added as a conditional use to Commercial Zones while
maintaining eating and drinking establishments without a drive-through component as
an allowed use. The proposed Zone Text Amendment would establish drive-through
restaurants as a conditionally allowed use within the Commercial Retail, Commercial
Tourist, Commercial Neighborhood, Commercial Professional, and Commercial Park
Zoning Districts.
97
Making drive-through restaurants a conditional use will allow the Planning Commission
and public to address concerns related to such uses and mitigate any potentialimpacts
that the use might have on the surrounding neighborhood.
Outdoor Storage Uses:
General Plan Policy 1.3.7 calls for the abatement of uses solely devoted to outdoor
storage. The proposed amendments include requirements for a Conditional Use Permit
for "Storage Yards" within the Commercial Service Zone and requirements for a
Conditional Use Permit for "Vehicle and equipment storage" within the Commercial
Retail Zone.
Because the definition of "eating and drinkingPlaces is being amended to separate
Bars as a distinct use with the proposed text change, staff recommends that the Council
add Bar/ Favern as an allowed use in the Downtown Commercial Zone for consistency.
Y
This recommendation will maintain bars as a permitted use, currently under the land
use definition "eating and drinking places". Adding "Bar/Tavern" as a permitted use
within the Downtown Commercial Zoning District will ensure that no use changes occur
in the Downtown as a result of the proposed text amendment.
General Plan Consistency
Staff finds the proposed Text Amendment to be consistent with the 2002 General Plan's
goals and policies as noted in LOC 1, 3, 13, and 14:
LOC 1.3.7 Develop a program to abate uses solely devoted to outdoor storage.
LOC 3.1.5 Develop incentives. to attract new businesses to under utilized_locations
along El Camino Real.
LOC 3.1.11 Amend and maintain the zoning ordinance to require Conditional Use
Permit approvals of bars, dance halls, night clubs, drive-through restaurants, and
service stations.
LOC 13.3.3 Update and maintain the zoning ordinance to allow additional uses in the
Tourist Commercial Zone.
LOC 14.4 Ensure the City regulations and processes support economic development
opportunities.
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
amendment:
1. The zone change is consistent with General Plan policies and all other
applicable ordinances and policies of the City.
98
2. Amendment of the zoning ordinance will provide for the orderly and efficient
use of lands where such development standards are applicable.
3. The zone change will not, in itself, result in significant environmental impacts.
9 P
Conclusion:
The proposed Zone Text Amendment to update allowed and conditionally allowed uses
within Commercial Zones is consistent with General Plan Land Use and Economic
Development Policies. The Zoning Code update will establish additional review of
potential impacts and expand opportunities for development within specific commercial
areas.
FISCAL IMPACT:
All of the proposed zone text clarifications and use additions are expected to be
revenue neutral to the City with the exception of the proposed use changes within the
Commercial Tourist Zone. Uses within the Commercial Tourist zone have been
expanded to include office and retail uses. As a general rule, office uses do not
generate sales tax revenue for the City, however the proposed retail uses are expected
to be revenue generating.
ALTERNATIVES:
1. The City Council may make modifications to the proposed zoning text.
2. The City Council may determine that more information is needed on some aspect
of the amendment and may refer the item back to staff to develop the additional
information. The Council should clearly state the type of information that is
required and move to-continue-the item to a future dater
3. The Council may deny the proposed amendments.
ATTACHMENTS:
Attachment 1: Proposed Mitigated Negative Declaration
Attachment 2: Draft Resolution A
Attachment 3: Draft Ordinance A
99
Attachment 1: Proposed Mitigated Negative Declaration and Initial Study
See following
it
100
RECEIVED
s _
uu
vEE
DEC CI 0 2004
CITY OF ATASCADERO ���IEL.ROOerk
Count'Cl
erk
Baia ._ u laza
oD
8_ De
COMMUNITY DEVELOPMENT DEPARTMENT
NOTICE OF INTENT TO ADOPT PROPOSED NEGATIVE DECLARATION
NOTICE IS HEREBY GIVEN that the Environmental Coordinator of the City of Atascadero has completed a
review of the following project and is proposing the following environmental determination:
Applicant: City of Atascadero 6905 El Camino Real,Atascadero,Ca 93422 PHONE: 805-461-5000
Project Title: Zone Change 2004-0094 ,zone text amendment
Project Commercial Zoning Districts
Location:
Project The proposed project consists of an application for a zone text amendment to update allowable and
Description: conditionally allowed uses within commercial zoning districts throughout the City consistent
with the General Plan.
General Plan Land Use Designation:General Commercial(GC)
Zoning:Commercial Tourist(CT),Commercial Retail(CR),Commercial Neighborhood(CN),
Commercial Park(CPK),Commercial Service CS),Commercial Professional(CP)
Environmental Begins: December 10,2004
Review Dates: Ends: December 29,2004
Hearing Date: January 4,2005,7:00 p.m.
Hearing Pavilion on the Lake
Location: 9315 Pismo Avenue,Atascadero, CA 93422
Proposed Based on the initial study prepared for the project, a Negative Declaration is
Environmental proposed. The proposed Negative Declaration is available for public review from
Determination: 12/10/04 through 12/29/04 at 6905 El Camino Real, Suite 6, Community
Development Department,from 8:00 a.m. to 5:00 p.m.,Monday through Friday.
Any interested person may review the certified Negative Declaration and project files. Questions should be directed
to Kelly Gleason,Associate Planner at 461- 0.
l;:' AD -
'Warren M.Frace,Community evelopment Director Date P'�
Fila Cwuner6ai m tw uxndw=tMM.ptdm Print Daa 17/1W8:78 AM
6905 EL CAMINO REAL,SUITE 6 •ATASCADERO,CA 93422 • (805)461-5000 -FAX 461-7612
101
- CITY OF ATAS CANER O
..•eie�7 ■ ■ li
�ss'.a 878 PROPOSED NEGATIVE
DECLARATION #2004-0045
6905 EI Camino Real, Suite 6 Atascadero,CA 93422 805/461-5000
Applicant: City of Atascadero 6905 El Camino Real,Atascadero,Ca 93422 PHONE:805-461-5000
Project Title: Zone Change 2004-0094 ,zone text amendment
Project Commercial Zoning Districts
Location:
Project The proposed project consists of an application for a zone text amendment to update allowable and
Description: conditionally allowed uses within commercial zoning districts throughout the City consistent with the
General Plan,
General Plan Land Use Designation:General Commercial(GC)
Zoning:Commercial Tourist(CT),Commercial Retail(CR),Commercial Neighborhood(CN),
Commercial Park(CPK),Commercial Service CS),Commercial Professional(CP)
Findings: ,
1. The project does not have the potential to degrade the environment.
2. The project will not achieve short-term to the disadvantage of long-term environmental goals.
3. The project does not have impacts which are individually limited,but cumulatively considerable.
4. The project will not cause substantial adverse effects on human beings either directly or indirectly.
Determination:
Based on the above findings,and the information contained in the initial study 2004-0045(made a part hereof by
reference and on file in the Community Development Department),it has been determined that the above project will
_._not_have_an_adverse.impact on the environment when the following mitigation measures are incorporated into the
project(see attachment).
Prepared By: Kelly Gleason,Associate Planner
Date Posted: December 10,2004
Public Review Ends: December 29,2004
Attachments: Location Map
- initial Study 2004-0045
File:Com—inial zaxstext amend<=t MND.ptdm Rini Date 12n=4838 AM --
6905 EL CAMINO REAL,SUITE 6 •ATASCADERO,CA 93422 • (805)461-5000 ®FAX 461-7612
102 -
■afA mf m v
�eia1 m ieza I
CITY OF ATASCADER0
.INITIAL STUDY
ENVIRONMENTAL CHECKLIST FORM
Environmental Review 2004-0045
Applicant: City of Atascadero 6905 El Camino Real,Atascadero,Ca 93422 PHONE:805-461-5000
Project Title: Zone Change 2004-0094 ,zone text amendment
Project Commercial Zoning Districts
Location:
Project The proposed project consists of an application for a zone text amendment to update allowable and
Description: conditionally allowed uses within commercial zoning districts throughout the City consistent with the
General Plan.
General Plan Land Use Designation General Commercial(GC)
Zoning:Commercial Tourist(CT),Commercial Retail(CR),Commercial Neighborhood(CN),
Commercial Park(CPK),Commercial Service CS),Commercial Professional(CP)
Lead Agency Name City of Atascadero
and Address: 6905 EI Camino Real, Suite 6,Atascadero, CA 93422
Contact Person and Kelly Gleason,Associate Planner
Phone Number: City of Atascadero
6905 El Camino Real, Suite 6
Atascadero, CA 93422
General Plan General Commercial
Designation:
Zoning: Commercial Tourist(CT)
Other public agencies None
whose approval is
required (e.g.,permits,
financing approval,or
participation agreement)
I
t
I
tznoroa I
Commercial zones text amendment MND.pt.doc
103
Commercial
VISAI Zoning Districts
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CITY OFATA SCADERR0
INITIAL S=Y
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least
one impact that is a"Potentially Significant Impact" as indicated by the checklist on the following pages.
❑ Aesthetics ❑ Agriculture Resources ❑ Air Quality
❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils
❑ Hazards&Hazardous ❑ Hydrology/Water Quality " ❑ Land Use/Planning
Materials
❑ Mineral Resources ❑ Noise ❑ Population/Housing
❑ Public Services ❑ Recreation ❑ Transportation/Traffic
❑ Utilities/Service Systems ❑ Mandatory Findings of Significance
On the basis of this initial evaluation:
® .I find that the proposed project COULD NOT have a significant effect on the environment,and a
NEGATIVE DECLARATION will be prepared.
❑ I find that although the proposed project could have a significant effect on the environment,there will
not be a significant effect in this case because the mitigation measures described on an attached sheet have
been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared.
❑ I find that the proposed project MAY have a significant effect on the environment,and an
ENVIRONMENTAL IMPACT REPORT is required.
❑ I find that the proposed project MAY have a"potentially significant effect'or"potentially significant
unless mitigated"impact on the environment, but at least one effect 1)has been adequately analyzed in an
earlier document pursuant to applicable legal standards, and 2)has been addressed by mitigation measures
based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT
REPORT is required, but it must analyze only the effects that remain to be addressed.
❑ I find that although the proposed project could have a significant effect on the environment,there
WILL NOT be a significant effect in this case because all potentially significant effects(a)have been
analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards
and(b)have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION,
incluel;.ing revisions or miti ion measures that are imposed upon the proposed project.
K�ly Gle
Associate Planner
12110/04 T1-ZCH- Zone Change\ZC 04XZCH 2004-0094 Commercial
zones text amendmendCommercial zones text amendment
MND.pLdoc
105
CITY OFATASCADERO
INITIAL STUDY
EVALUATION OF E3VIRONMENTAL IMPACTS:
1) A brief explanation is required for all answers except"No Impact"answers that are adequately supported by the
information sources a Lead Agency cites following each question. A"No Impact answer is adequately
supported if the referenced information sources show that the impact simply does not apply to projects like the
one involved(e.g.the project falls outside a fault rupture zone). A"No Impact"answer should be explained
where it is based on project-specific factors as well as general standards(e.g.the project will not expose
sensitive receptors to pollutants,based on a project-specific screening analysis).
2) All answers must take account of the whole action involved,including off--site as well as on-site,cumulative as
well as project-level,indirect as well as direct,and construction as well as operational impacts.
3) "Potentially Significant Impact is appropriate if there is substantial evidence that an effect is significant. If
there are one or more"Potentially Significant Impact entries when the determination is made,an EIR is
required.
4) "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures
has reduced an effect from"Potentially Significant Impact"to a"Less than Significant Impact. The Lead
Agency must describe the mitigation measures,and briefly explain how they reduce the effect to a less than
significant level(mitigation measures from Section XVII,"Earlier Analyses,"may be cross-referenced).
5) Earlier analyses may be used where,pursuant to the tiering,program EIR,or other CEQA process,an effect has
been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses
are discussed in Section XVII at the end of the checklist.
6) Lead Agencies are encouraged to incorporate into the checklist references information sources for potential
impacts(e.g.general plans,zoning ordinances). Reference to a previously prepared or outside document
should,where appropriate, include a reference to the page or pages where the statement is substantiated. A
source list should be attached. Other sources used or individuals contacted should be cited in the discussion.
17/10104 Ta-ZCH Zone Change%ZC 04XZCH 2004-0094 Commercial
zones text amendment%Commerdal zones text amendment
MND.ptdoc
106
CITY OF A7'ASCADER®
IM77AL STUDY
i
i
3
i
i
12/10/04
T:1-ZCH- Zone Change\ZC 041ZCH 2004-0094 Commercial
zones text amendmen"Commerdialzones text amendment
MND.pt.doc
107 -
CITY OF ATASCADERO
INITIAL.STUDY
Initial Study 2004-0045
Potentially Less Than Less Than No
Significant Significant with Significant Impact
ZCH 2004-0094: ZoneOFext Amendment Impact Mitigation Impact
Commercial Uses Update Incorporation
1.AESTHETICS- Would the project:
a) Have a substantial adverse effect on a scenic vista?
b) Substantially damage scenic resources, including, but not
limited to,trees, rock outcroppings, and historic buildings El D El
within a state scenic highway?
c) Substantially degrade the existing visual character or
quality of the site and its surroundings? El El VN
d) Create a new source of substantial light or glare that VN
would adversely affect day or nighttime views in the area?
SOURCES: Project Description; General Plan Land Use Element,Appearance Review Manual.
DISCUSSION
The purpose of the proposed text amendment is to update allowed and conditionally allowed uses throughout the
existing commercial zoning districts consistent with the General Plan.All commercial projects require appearance
review per the City's General Plan.No significant visual impacts are associated with the text amendments.
2.AGRICULTURAL RESOURCES: In determining whether
impacts to agricultural resources are significant
environmental effects, lead agencies may refer to the
California Agricultural Land Evaluation and Site Assessment
Model(1997)prepared by the California Dept.of
Conservation as an optional model to use in assessing
impacts on agriculture and farmland.Would the project:
a)Convert Prime Farmland,Unique Farmland,or Farmland
of Statewide Importance(Farmland),as shown on the maps
prepared pursuant to the Farmland Mapping and Monitoring
Program of the California Resources Agency,to non-
agricultural use?
b)Conflict with existing zoning for agricultural use,ora VN
Williamson Act contract? El I
c) Involve other changes in the existing environment which, E
due to their location or nature, could result in conversion of
Farmland,to non-agricultural use?
SOURCES: Land Use Element EIR.
DISCUSSION
Potential future development sites are all currently within the Urban Core area and no agricultural resources are
present. No impacts would occur to agricultural resources.
3.AIR QUALITY--The significance criteria established by
the Air Quality Control District in its CEQA Guidelines may
be relied upon to make the following determinations.Would
the project:
a)Conflict with or obstruct implementation of the applicable
17110/04 Page 6 Commercial zones text amendment MND.pt.doc
108
CFFYOFATASCAI ERG
INITIAL STAT'
Initial Study 2004-0045 Potentially Less Than Less Than No
Significant Significant with Significant Impact
ZCH 2004-0094:Zone*Text Amendment Impact Mitigation Impact
Commercial Uses Update Incorporation
air quality plan? ❑ VN❑ El 1Z
b)Violate any air quality standard or contribute substantially 1771
to an existing or projected air quality violation?
c) Result in a cumulatively considerable net increase of any
criteria pollutant for which the project region is nonEl El El M
-
attainment under an applicable federal or state ambient air
quality standard(including releasing emissions that exceed
quantitative thresholds for ozone precursors)?
d) Expose sensitive receptors to substantial pollutant
concentrations? VN
e) Create objectionable odors affecting a substantial number
of people? El 1:1 11
SOURCES:Air Pollution Control District(APCD)CEQA Air Quality Handbook.
DISCUSSION:
The project would not create any new trip generation or emissions that could affect air quality.Any potential impacts
with future projects will be assessed at the time of entitlement and/or development.
4. BIOLOGICAL RESOURCES--Would the project:
a) Have a substantial adverse effect,either directly or
through habitat modifications,on any species identified as a
candidate,sensitive,or special status species in local or
-regional plans policies,or regulations,or by the California
Department of Fish and Game or U.S.Fish and Wildlife
Service?
b) Have a substantial adverse effect on any riparian habitat
or other sensitive natural community identified in local or
regional plans,policies, or regulations or by the California
Department of Fish and Game or US Fish and Wildlife
Service?
c) Have a substantial adverse effect on federally protected
wetlands as defined by Section 404 of the Clean Water Act
(including, but not limited to, marsh,vernal pool,coastal,
etc.)through direct removal,filling,hydrological interruption,
or other means?
d) Interfere substantially with the movement of any native
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors,or
impede the use of native wildlife nursery sites?
e) Conflict with any local policies or ordinances protecting El El
biological resources,such as a tree preservation policy or Lnsl
ordinance?
1t0/04 Page 7 Commercial zones text amendment MND.pLdoc
109 j
l
... , ,.. C17Y OF ATASCADER0
e�
n
Less Than No
Initial Study 2004-0045 Potentially
Less Tha
Significant Significant.with Significant Impact
ZCH 2004-0094:Zone"rext Amendment impact Mitigation impact
Us date
Incorporation
Commerciales U
p
f)Conflict with the provisions of an adopted Habitat VN
Conservation Plan, Natural Community Conservation Plan, 0
or other approved local,regional,or state habitat
conservation plan?
SOURCES: Project description, Land Use Element EIR
DISCUSSION:
The proposed zone text change will not increase development on sites within the Commercial Zoning districts.Any
sites containing biological resources will be addressed at the time of entitlement and/or development.
5. CULTURAL RESOURCES--Would the project:
a) Cause a substantial adverse change in the significance of
a historical resource as defined in'15064.5?
b) Cause a substantial adverse change in the significance of
an archaeological resource pursuant to'15064.5?
c) Directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature?
d)Disturb any human remains,including those interred El F1 0
outside of formal cemeteries?
SOURCES: Project description; Land Use Element EIR.
DISCUSSION:
The proposed zone text change will not increase development on potential sites.Any sites containing potential
cultural resources will be addressed at the time of entitlement and/or development.
6. GEOLOGY AND SOILS-=Would the project: _ __
a)Expose people or structures to potential substantial El ❑ 0 IESNI
adverse effects,including the risk of loss, injury, or death
involving:
i) Rupture of a known earthquake fault,as delineated M
on the most recent Alquist-Priolo Earthquake Fault
Zoning Map issued by the State Geologist for the area
or based on other substantial evidence of a known
fault? Refer to Division of Mines and Geology Special
Publication 42.
ii) Strong seismic ground shaking? ❑
iii)Seismic-related ground failure,including
liquefaction?
iv) Landslides?
b)Result in%substantial soil erosion or the loss of topsoil?
c) Be located on a geologic unit or soil that is unstable,or
that would become unstable as a result of the project,and
12110/04 Page 8 Commercial zones te)d amendment MND.ptdoc
110
CITY OF ATASCADERO
INITIAL ST& Y
Initial Stud 2004-0045 Potentially Less Than Less Than No
Study Significant Significant with Significant Impact
ZCH 2004-0094: Zon(i,Text Amendment impact Mitigation Impact
Commercial Uses Update Incorporation �
potentially result in on-or off-site landslide, lateral
spreading, subsidence, liquefaction or collapse?
d) Be located on expansive soil, as defined in Table 18-1-B El
of the Uniform Building Code(1994), creating substantial
risks to life or property?
e) Have soils incapable of adequately supporting the use of
septic tanks or alternative wastewater disposal systems
where sewers are not available for the disposal of
wastewater?
SOURCES: Project description; Land Use Element EIR.
DISCUSSION:
The proposed zone text change does not involve construction. Sites Commercially zones areas are not known to be
located in areas of unstable soils.Any future project will require a soils report to be submitted.
7. HAZARDS AND HAZARDOUS MATERIALS- Would the
project:
a)Create a significant hazard to the public or the
environment through the routine transport, use,or disposal El El El V\J
of hazardous materials?
b)Create a significant hazard to the public or the
environment through reasonably foreseeable upset and VN
accident conditions involving the release of hazardous
materials into the environment?
c)Emit hazardous emissions or handle hazardous or acutely
hazardous materials,-substances,-orwaste within one- - - -
quarter mile of an existing or proposed school?
d)Be located on a site which is included on a list of ❑
hazardous materials sites compiled pursuant to Government El R
Code Section 65962.5 and, as a result,would it create a
significant hazard to the public or the environment?
e) For a project located within an airport land use plan area
or,where such a plan has not been adopted,within two
miles of a public airport or public use airport,would the
project result in a safety hazard for people living or working
in the project area?
f) For a project within the vicinity of a private airstrip,would
the project result in a safety hazard for people living or
working in the project area?
g) Impair implementation of or physically interfere with an
adopted emergency response plan or emergency _
evacuation plan?
h) Expose people or structures to a significant risk of loss, ❑ (�
injury or death involving wildland fires,including where f�
wildlands are adjacent to urbanized areas or where
12/10/04 Page 9 Commercial zones text amendment MND.ptdoc
CITY OF ATAS CADERO
IWITIAI, S7 UDY
Initial Study 2004-0045
Potentially Less Than Less Than No
Significant Significant with Significant. Impact
ZCH 2004-0094: Zone0fext Amendment Impact Mitigation Impact
Commercial Uses Update Incorporation
residences are intermixed with wildlands?
SOURCES: Project description; General Plan Land Use Element.
DISCUSSION
The project would not involve the use or storage of hazardous materials.
8.HYDROLOGY AND WATER QUALITY--Would the
project:
a)Violate any water quality standards or waste discharge ❑ ❑ ❑
requirements?
b)Substantially deplete groundwater supplies or interfere ❑ ❑ ❑
substantially with groundwater recharge such that there
would be a net deficit in aquifer volume or a lowering of the
local groundwater table level(e.g.,the production rate of
previously-existing nearby wells would drop to a level that
would not support existing land uses or planned uses for
which permits have been granted)?
c)Substantially alter the existing drainage pattern of the site
❑ Elor area in through the alteration of the course of a ❑including 9
stream or river,in a manner which would result.in
substantial erosion or siltation on-or off-site?
d Substantially alter the existing drainage pattern of the site El R
or area, including through the alterationof the course of a
stream or river,or substantially increase the rate or amount
of surface runoff in a manner that would result in flooding
on-or off-site?
e)Create or contribute runoff water which would exceed the ❑ ❑ ® N
capacity of existing or planned stormwater drainage systems
or provide substantial additional sources of polluted runoff?
f)Otherwise substantially:degrade water quality? El ❑ ❑
g)Place housing within a 100-year flood hazard area as ❑ ❑ ❑
mapped on a federal Flood Hazard Boundary or Flood
Insurance Rate Map or other flood hazard delineation map?
h)Place within a 100-year flood hazard area structures that ❑ ❑ ❑
would impede or redirect flood flows?
i)Expose people or structures to a significant risk of loss, ❑ ❑ ❑
injury or death involving flooding,including flooding as a
result of the failure of a levee or dam?
j)Inundation by seiche,tsunami,or mudflow? ❑ ❑
SOURCES: Project description;
DISCUSSION:
The project would not create any impacts to water quality or affect any flood hazard conditions.
12/10/04 Page 10 Commercial zones text amendment MND.pt.doc
112
' CITY OF ATASCADERO
INITIAL STUDY
Initial Study 2004-0045 Potentially Less Than Less Than No
Significant Significant with Significant Impact
ZCH 2004-0094` Zone*Text Amendment. Impact Mitigation Impact --
Commercial Uses Update Incorporation
9. LAND USE AND PLANNING-Would the project:
a) Physically divide an established community?
b) Conflict with any applicable land use plan, policy, or
regulation of an agency with jurisdiction over the project
(including, but not limited to the general plan,specific plan,
local coastal program, or zoning ordinance)adopted for the
purpose of avoiding or mitigating an environmental effect?
c) Conflict with any applicable habitat conservation plan or ❑ ❑
natural community conservation plan?
SOURCES: Land Use Element;Circulation Element; project description; Land Use Element EIR.
DISCUSSION:
The proposed zone text change will update the allowed and conditionally allowed uses within the commercial zoning
.districts.The proposed zone text amendment is consistent with the following General Plan policies;
LOC 1.3.7 Develop a program to abate uses solely devoted to outdoor storage.
LOC 3.1.5 Develop incentives to attract new businesses to under utilized locations along EI Camino Real
LOC 3.1.11 Amend and maintain the zoning ordinance to require Conditional Use Permit.approvals of bars, dance
halls, night clubs, drive through restaurants, and service stations.
LOC 13.3.3 Update and maintain the zoning ordinance to allow additional uses in the Tourist Commercial Zone.
LOC 14.4 Ensure the City regulations and processes support economic development opportunities.
10. MINERAL RESOURCES--Would the project:
a)Result in the loss of availability of.a_known mineral_ _ ❑ ❑ --- V\J-- — -
resource that would be of value to the region and the
residents of the state?
b) Result in the loss of availability of a locally-important
mineral resource recovery site delineated on a local general
plan, specific plan or other land use plan?
SOURCES: Project description.
DISCUSSION:
The proposed zone text change will not affect mineral resources.
11. NOISE--Would the project result in:
a)Exposure of persons to or generation of noise levels in
excess of standards established in the local general plan or
noise ordinance, or applicable standards of other agencies?
b)Exposure of persons to or generation of excessive
ground-borne vibration or ground-bome noise levels?
c)A substantial permanent increase in ambient noise levels
in the project vicinity above levels existing without the
project?
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CITY OF'AT'ASCADERO
INITLAL STUDY
Initial Stud 2004-0045 Potentially Less Than Less Than No
Study Significant Significant with Significant Impact
ZCH 2004-0094: Zone0l-ext Amendment Impact Mitigation Impact
Commercial Uses Update Incorporation
d) A substantial temporary or periodic increase in ambient
noise levels in the project vicinity above levels existing F] El IFNI
without the project?
e) For a project located within an airport land use plan or,
where such a plan has not been adopted,within two miles of
a public airport or public use airport,would the project
expose people residing or working in the project area to
excessive noise levels?
f) For a project within the vicinity of a private airstrip,would
the project expose people living or working in the project
area to excessive noise levels?
SOURCES: Project description; Noise Element; Noise Ordinance
DISCUSSION:
The proposed zoning amendment will not result in the generation of additional noise sources. Any future business or
proposed development will be required to be consistent with the noise ordinance standards set forth in the
Atascadero Municipal Code.
12. POPULATION AND HOUSING--Would the project:
a) Induce substantial population growth in an area,either 0
directly(for example, by proposing new homes and
businesses)or indirectly(for example,through extension of
roads or other infrastructure)?
b)Displace substantial numbers of existing housing, M El 1
necessitating the construction of replacement housing
elsewhere?-
c)
sew ere._c)Displace substantial numbers of people, necessitating the El El D
construction of replacement housing elsewhere?
SOURCES: Project description; General Plan Land Use Element.
DISCUSSION:
No housing or persons will be displaced.
13. PUBLIC SERVICES .
a)Would the project result in substantial adverse physical
impacts associated with the provision of new or physically
altered governmental facilities,need for new or physically
altered governmental facilities,the construction of which
could cause significant environmental impacts, in order to
maintain acceptable service ratios,response times or other
performance objectives for any of the public services:
Fire:protection?
Police protection?
1211 OtG4 Page 12 Commercial zones text amendment MND.p4doc
114 __
CITY OF ATASCADERO
INITIAL STLIIOSI
Initial Study 2004-0045 Potentially Less Than Less Than No
Significant Significant with Significant Impact
ZCH 2004-0094:ZoneoText Amendment Impact Mitigation Impact
Commercial Uses Update Incorporation
❑ ❑
Schools? ❑ ❑ ❑ 171
VN
Parks? ❑ ❑ ❑
Other public facilities? ❑ ❑ ❑
SOURCES: Project description; Land Use Element EIR.
DISCUSSION:
The proposed zoning text amendment will not create a demand for any additional public services or facilities.
14. RECREATION--
a)Would the project increase the use of existing ❑ F-1neighborhood and regional parks or other recreational El
facilities such that substantial physical deterioration of the
facility would occur or be accelerated?
b) Does,the project include recreational facilities or require ❑ Elthe construction or expansion of recreational facilities that
might have an adversephysical effect on the environment?
SOURCES: Project description; Parks and Recreation Element.
DISCUSSION:
The project would not create any demand for recreational facilities.
15.TRANS PORTATIONITRAFFIC—Would the project:
a) Cause an increase in traffic that is substantial in relation ❑ ❑ ❑
to the existing traffic load and capacity of the street system
(i.e., result in a substantial increase in either the number of
vehicle trips,the volume to capacity ratio on roads,or
congestion at intersections)?
b) Exceed,either individually or cumulatively,a level of ❑ ❑ . F-1service standard established by the county congestion
management agency for designated roads or highways?
c) Result in a change in air traffic patterns, including either ❑ ❑ ❑
an increase in traffic levels or a change in location that
results in substantial safety risks?
d) Substantially increase hazards due to a design feature ❑ ❑ ❑
(e.g., sharp curves or dangerous intersections)or
incompatible uses(e.g.,farm equipment)?
e) Result in inadequate emergency access? ❑ F-1 ❑
�t
D Result in inadequate parking capacity? ❑ ❑ ❑ 17
LLNJ
12/10/04 Page 13 Commercial zones text amendment MND.pLdoc
-- 115
CITY OF ATASCAiDERO
INIML STUDY
Initial Stud 2004-0045 Potentially Less Than Less Than No
Study Significant Significant with Significant Impact
ZCH 2004-0094: ZoneOrext Amendment Impact Mitigation Impact
Commercial Uses Update Incorporation
g)Conflict with adopted policies, plans,or programs D [Ell
supporting alternative transportation (e.g., bus turnouts,
bicycle racks)?
SOURCES: Land Use Element; Circulation Element; Project Description.
DISCUSSION:
The project will not generate any new trips or alter existing traffic patterns.
16.UTILITIES AND SERVICE SYSTEMS--Would the
project:
a)Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board? F] F1 EJ 1EE/il
b) Require or result in the construction of new water or
wastewater treatment facilities or expansion of existing
facilities the construction of which could cause significant
environmental effects?
c) Require or result in the construction of new storm water
drainage facilities or expansion of existing facilities,the D F-71
construction of which could cause significant environmental
effects?
d)Have sufficient water supplies available to serve the
project from existing entitlements and resources,or are new F1 E 11
or expanded entitlements needed?
e)Result in.a__determination_.by the.wastewater treatment ❑ --
provider that serves or may serve the project that it has
adequate capacity.to serve the project's projected demand
in addition to the provider's existing commitments?
f) Be served by a landfill with sufficient permitted capacity to
accommodate the project's solid waste disposal needs? E] EJ D IFNI
g)Comply with federal,state,and local statutes and
regulations related to solid waste? 0 '121
SOURCES: Project description; Land Use Element.
DISCUSSION:
The project would not create new demands on public facilities or utilities.
17.MANDATORY FINDINGS OF SIGNIFICANCE--
a)Does the project have the potential to degrade the quality
of the environment,substantially reduce the habitat of a fish
or wildlife species,cause a fish or wildlife population to drop
below self-sustaining levels,threaten to eliminate a plant or
animal community, reduce the number or restrict the range
of a rare or endangered plant or animal or eliminate
important examples of the major periods of California history
12/10/04 Page 14 Commercial zones text amendment MND.ptdoc
116
CITY OFATASCAI ERE
IMTIAL STUDY
Initial Study 2004-0045 Potentially Less Than Less Than No
Significant Significant with Significant Impact
ZCH 2004-0094: ZoneoText Amendment impact Mitigation Impact -
Commercial Uses Update Incorporation
or prehistory?
b) Does the project have impacts that are individually F-1limited, but cumulatively considerable?("Cumulatively
El considerable"means that the incremental effects of a
project are considerable when viewed in connection with the
effects of past projects,the effects of other current projects,
and the effects of probable future projects)?
c) Does the project have environmental effects that will
cause substantial adverse effects on human beings, either
directly or indirectly?
DISCUSSION: The proposed zone text amendment will update allowed and conditionally allowed uses within the
commercial zoning districts consistent with the General Plan.The proposed zone text change will not increase the
development potential for existing areas within the commercial zoning districts.
SOURCES:
General Plan Land Use Element,City of Atascadero,2002
Zoning Ordinance as amended through 2004.
Land Use Element Environmental Impact Report(EIR),Crawford,Multari,&Clark,adopted 2002
CEQA Handbook,Air Quality Control District,August 1995
General Plan Safety Element,City of Atascadero,2002
General Plan Circulation Element,2002
General Plan Noise Element,adopted 2002
Acoustical Design Manual,Brown-Buntin Associates,1991
Noise Ordinance,City of Atascadero,1992
Trip Generation,Institute of Traffic Engineers
PROJECT SOURCES: l
Project Description i
9
12/10104 Page 15 Commercial zones text amendment MND.ptdoc
l
117 'l
Attachment 2: Draft Resolution A
DRAFT RESOLUTION A
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA,CERTIFYING
PROPOSED MITIGATED NEGATIVE DECLARATION 2004-0045
PREPARED FOR ZONECHANGE2004-0094
(City of Atascadero)
WHEREAS, an application has been received from the City of Atascadero (6905 El
Camino Real, Suite 6, Atascadero, CA 93422), to consider a project consisting of a zone text
change to update code sections related to allowed and conditionally allowed uses in commercial
zoning districts;and,
WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2004-0045
were prepared for the proposed zone text amendment and made available for public review in
accordance with the requirements of the California Environmental Quality Act (CEQA); and,
WHEREAS, the Planning Commission of the City of Atascadero held a public hearing
on January 18, 2004 following the close of the review period to consider the Initial Study and
Proposed Mitigated Negative Declaration and,
WHEREAS, the Planning Commission has determined that the proposed zone text
amendment will have no significant impacts;and,
WHEREAS,the City Council of the City of Atascadero, at-a duly noticedPublicHearing -
held on February 22, 2005, following the close of the review period, to consider the Initial Study
and Proposed Mitigated Negative Declaration;and,
NOW THEREFORE, the City Council of the City of Atascadero, hereby resolves to
certify Proposed Mitigated Negative Declaration 2004-0045 based on the following Findings,
and as shown in Exhibit A:
1. The Proposed Mitigated Negative Declaration has been completed in compliance
with CEQA; and,
2. The Proposed Mitigated Negative Declaration was presented to the Planning
Commission, and the information contained therein was considered by the
Planning Commission, prior to recommending action on the project for which it
was prepared; and,
3. The project does not have the potential to degrade the environment when
mitigation measures are incorporated into the project.
4. The project will not achieve short-term to the disadvantage of long-term
environmental goals.
118
5. The project does not have impacts which are individually limited, but
cumulatively considerable.
6. The project will not cause substantial adverse effects on human beings either
directly or indirectly.
On motion by Council Member and seconded by Council Member
the foregoing Resolution is hereby adopted in its entirety on the following
roll call vote:
AYES:
'NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
Wendy Scalise, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Patrick Enright, City Attorney
119
Exhibit A Proposed Mitigated Negative Declaration 20040045
See following
ii
II
120
� — l
49 CITY OFATASCADERC
-
PROPOSED.NEGATIVE
DECLARATION #2004-004
6905 El Camino Real,Suite 6 Atascadero,CA 93422 805/461-5000
Applicant: City of Atascadero 6905 El Camino Real,Atascadero,Ca 93422 PHONE:805-461-5000
Project Title: Zone Change 2004-0094 ,zone text amendment
Project Commercial Zoning Districts
Location:
Project The proposed project consists of an application for a zone text amendment to update allowable and
Description: conditionally allowed uses within commercial zoning districts throughout the City consistent with the
General Plan.
General Plan Land Use Designation:General Commercial(GC)
Zoning:Commercial Tourist(CT),Commercial Retail(CR),Commercial Neighborhood(CN),
Commercial Park(CPK),Commercial Service CS),Commercial Professional(CP)
Findings:
1. The project does not have the potential to degrade the environment.
2. The project will not achieve short-term to the disadvantage of long-term environmental goals.
3. The project does not have impacts which are individually limited,but cumulatively considerable.
4. The project will not cause substantial adverse effects on human beings either directly or indirectly.
Determination:
Based on the above findings,and the information contained in the initial study 2004-0045(made a part hereof by
reference and on file in the Community Development Department),it has been determined that the above project will
not have-an-adverse-impact on the environment-when the following-mitigation measures-are incorporated-into the - --
project(see attachment).
Prepared By: Kelly Gleason,Associate Planner
Date Posted: December 10,2004
Public Review Ends: December 29,2004
Attachments: - Location Map
- Initial Study 2004-0045
1
Filc Cmwac'ul rar�taa uncdmmt MND.ptdoc - ... .. HaDa.1210'04838 AM
6905 EL CAMINO REAL,SUITE 6 •ATASCADERO,CA 93422 • -(805)461-5000 &FAX 461-7612
121
Attachment 3: Draft Ordinance A
DRAFT ORDINANCE A
ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA,AMENDING THE
ATASCADERO MUNICIPAL CODE BY APPROVING ZONE CHANGE
2004-0094 TO UPDATE ALLOWED AND CONDITIONALLY ALLOWED
USES IN COMMERCIAL ZONES.
(City of Atascadero)
The City Council hereby finds and declares as follows:
WHEREAS, an application has been received from the City of Atascadero (6905 El
Camino Real, Suite 6, Atascadero, CA 93422), to consider a project consisting of a zone text
change to update code sections related to allowed and conditionally allowed uses in commercial
zoning districts; and,
WHEREAS, the City of Atascadero's 2025 General Plan incorporated a series of Smart
Growth goals that include efficient use and reuse of existing lands and for more compact,
pedestrian scaled development through intensification of commercially designated land uses;
and,
WHEREAS, the General Plan contains Policies and Programs to provide a sound
economic base to sustain the City's unique character by establishing a range of employment and
business opportunities and generate sufficient revenue to_support adequate levels of public
services, and environment, social and educational quality and to retain and expand existing
businesses and attract new businesses to improve the availability of goods and services; and,
WHEREAS, the General Plan contains Policies and Programs to provide public and
Planning Commission review of uses which may have potential impacts to surrounding uses and
neighborhoods; and,
WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2004-0045
were prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act(CEQA); and,
WHEREAS, the Planning Commission has determined that it in the best interest of the
City to enact this amendment to the Zoning Ordinance to protect the health, safety and welfare of
its citizens by applying orderly development of the City;and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA)have been adhered to; and,
122
i
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone
Change application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendments;
and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on January 18, 2005, studied and considered Zone Change 2004-0094, after
first studying and considering the Proposed Mitigated Negative Declaration prepared for the
project; and,
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on February 22, 2005, studied and considered Zone Change 2004-0094, after first studying
and considering the Proposed Mitigated Negative Declaration prepared for the project; and,
NOW THEREFORE, the City Council of the City of Atascadero takes the following
actions:
SECTION 1. Findings for Approval of Zone Text Change 2004-0094. The Planning
Commission finds as follows:
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 and efficient use
of lands where such development standards are applicable.
3. The zone change will not, in itself,result insignificant environmental impacts.
- SECTION 2. Approval. The City Council-:of the City of Atascadero, in a-regular
session assembled on February 22, 2005 resolved to introduce for first reading by title only, an
ordinance that would amend the City Zoning code text with the following:
9-3.701 Purpose.
This section contains descriptions of the types of land uses which can be established under
this article. The uses described here are allowed in the various zoning districts established.
The description of land uses are intended only to list the various land uses included under
each general heading and do not explain what permit requirements or performance
standards may be applicable to a given use.
Accessory Storage. The indoor or outdoor storage of various materials on the same site as
a principal building or land use which is other than storage, which supports the activities or
conduct of the principal use.
Agricultural Accessory Uses. Includes any use that is customarily part of an agricultural
activity and is clearly incidental and secondary to that activity and does not change the
character of the agricultural use. Agricultural accessory uses include grazing, crop
production to feed animals, and related storage of vehicles and personal property, and
accessory structures including barns,stables, and corrals.
123
i
Ag Processing. Establishment performing a variety of operations on crops subsequent to
their harvest, with the intent of preparing them for market or further processing and
packaging at a distance from the agricultural area including: alfalfa cubing;hay baling and
cubing; corn shelling; drying of corn, rice,hay, fruits and vegetables; fruit and vegetables;
grain cleaning and custom grinding custom grist mills; custom milling of flour, feed and
grain;sorting, grading and packaging of fruits and vegetables; tree nut hulling and
shelling; cotton ginning;and wineries.
Amusement Services. Establishments providing indoor amusement or entertainment on
payment of a fee or admission charge, such as: arcades and coin-operated amusements;
card rooms, billiard and pool halls as a primary use; alleys;ice skating and rollerskating;
dance halls,E1 -and ballrooms which are principal uses rather than being subordinate to
an eating or drinking place;gymnasiums, reducing salons,health and exercise facilities
that do not include courts or similar facilities designed for tennis,handball,racquetball or
similar indoor participation sports.
Animal Hospitals.Establishments primarily engaged in performing services for animals,
including veterinary services and animal hospitals. Does not include kennels, which are
listed as a separate category.
Apparel and Finished Products. Manufacturing establishments,known as the cutting-up
and needle trades, producing clothing and fabricating products by cutting and sewing
purchased woven or knit textile fabrics, plastics and furs. Included in the apparel industries
are three types of establishments: (i) "regular" or inside factories; (2)contract factories;
and(3) apparel jobbers. Regular factories perform all of the usual manufacturing functions
within their own plant; the contract factories manufacture apparel from materials owned by
others; and apparel jobbers perform the entrepreneurial functions of a manufacturing
company, such as buying raw materials, designing and preparing samples, arranging for
the manufacture of the garments from their materials and selling of the finished apparel.
Also includes leather and leather products, tanning and finished products. Custom tailors
and dressmakers not operating as a factory are not included.
Auto Dealers(New and Used) and Supplies. Retail and wholesale trade establishments
- - --selling newandused automobiles, including but not limited to light trucks, motorcycles
and mopeds. Also includes establishments selling new parts and accessories within a
building for the above.Does not include establishments dealing exclusively in used parts.
Includes automobile repair shops only when maintained by establishment engaged in the
sale of vehicles on the same site. Does not include "service stations," which are separately
defined.
Auto Repair and Services. Service establishments primarily engaged in the repair,
alteration,painting, washing or waxing of automobiles. May also include rental of cars,
trucks or trailers;leasing of cars and trucks.Does not include repair shops which are
subordinate to and maintained by a vehicle dealership.
Bar/tavern. Establishments where alcoholic beverages are sold for on-site consumption,
which is not part of a larger restaurant. Includes bars, taverns, pubs,night clubs, and
similar establishments where any food service is subordinate to the sale of alcoholic
beverages. May also include beer brewing as part of a microbrewery, and other beverage
tasti.n facilities. Does not include adult entertainment businesses.
Bed and Breakfast. Transient lodging establishments primarily engaged in providing
overnight or otherwise temporary lodging for the general public. Such establishments
provide limited meal service, generally breakfast, for lodgers.
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i
Broadcasting Studios. Communications uses including radio, television, telegraph and
telephone broadcasting and receiving stations which are facilities and equipment enclosed
entirely within buildings, except for accessory transmission facilities such as antennas,
satellite receiving dishes and similar transmission and receiving apparatus.
Building Materials and Hardware. Retail trade establishments primarily engaged in the
sale of lumber and other building materials, including paint, wallpaper, glass,hardware,
nursery stock, lawn and garden
supplies. Includes all such stores selling to the general public, even if sales to contractors
account for a larger proportion of total sales. Establishments primarily selling plumbing,
heating, and air conditioning equipment and electrical supplies are classified in
"Wholesaling and Distribution."
Business Support Services.Service establishments housed primarily within buildings,
which provide particular businesses with services that are maintenance and repair related,
service oriented, testing,rental, etc. This group includes: outdoor advertising services;
mail advertising services (reproduction and shipping); blueprinting,photocopying,
photofinishing, commercial art and design (production); services to structures, such as
window cleaning, exterminators,janitorial services; heavy equipment and business
equipment repair services including welding repair and armature rewinding and repair
(except vehicle repair which is included under "Auto Repair and Service"); computer
related services(rental,repair, and maintenance); research and development laboratories,
including testing facilities;protective services (other than office-related); equipment rental
yards are included under "Vehicle and Equipment Storage" and which include the leasing
of tools,machinery and other business items, except vehicles; trading stamp services:
repair of large size consumer products including major appliances; and other business
services that may be of a "heavy service nature.
Caretaker Residence. A permanent residence that is secondary or accessory to the principal
use activity occurring on a property. A caretaker dwelling is used for housing a caretaker
employed on the site of any nonresidential use where a caretaker is needed for security
purposes or to provide twenty-four(24) hour care or monitoring of plants, animals,
equipment, or other conditions on the site.Also includes separate quarters for servants
who are employed by the occupant of the principal dwelling on the property.Does not
include housing for caretaker-type employees in the Agriculture Zone which is defined as
"Farm Labor Quarters."
Cemeteries. Interment establishments engaged in subdividing property into cemetery lots
and offering burial plots or air space for sale. Includes animal cemeteries and cemetery,
mausoleum and columbarium operations. Excludes funeral parlor and related facilities
which are listed under "Funeral Services."
Chemical Products. Manufacturing establishments producing basic chemicals and
establishments manufacturing products predominantly by chemical processes.
Establishments classified in this major group manufacture three general classes of
products: (1)basic chemicals such as acids, alkalis, salts, and organic chemicals; (2)
chemical products to be used in further manufacture such as synthetic fibers;plastic
materials, dry colors, and pigments; (3)finished chemical products to be used for ultimate
consumption such as drugs, cosmetics, and soaps; or to be used as materials or supplies in
other industries such as paints, fertilizers, and explosives.
Churches and Related Activities. Religious organization facilities operated for worship or
for promotion of religious activities, including churches and religious Sunday-type
schools. Other establishments maintained by religious organizations, such as educational
125
it
institutions hospitals and other operations that may be
considered commercial in nature if
P P y
not run by the religious organization (such as a recreational camp) are classified according
to their respective activities.
Collection Stations.Facilities for the temporary accumulation and storage of recyclable
discarded materials, which are subsequently transported to recycling centers or solid waste
disposal sites for further processing. Does not include automobile wrecking yards or any
recycling processing facilities, which are listed under "Recycling and Scrap." Does not
include temporary storage of toxic,mutagenic or radioactive waste materials.
Concrete, Gypsum, and Plaster Products.Manufacturing establishments primarily engaged
in producing concrete building block,brick and all types of precast and prefab concrete
products. Also includes ready-mix concrete batch plants, lime manufacturing, and the
manufacture of gypsum products, such as plasterboard.
Contract Construction Services. Service establishments primarily engaged in construction,
including new work, additions, alterations, and repairs. Construction activities are
generally administered or managed from a relatively fixed place of business, but the actual
construction work is performed at one or more different sites which may be dispersed
geographically. Three broad types of construction activity are covered: building
construction by general contractors or by operative builders,other construction by general
contractors,and construction by special trade contractors such as electrical, air
conditioning and plumbing contractors, or others such as well drilling services. The
installation of prefabricated buildings and equipment is also included.
Crop Production and Grazing. Agricultural uses including the production of grains, field
crops, vegetables, melons,fruits, tree nuts, flower fields and seed production, tree and sod
farms,crop services and crop harvesting. Also includes the raising or feeding of beef
cattle, sheep and goats by grazing or pasturing. Does not include feedlots, which are not
allowed.
Eating and Drinking Places. Restaurants and other establishments selling prepared
foods and drinks for consumption on the premises, as well as facilities for dancing and
other entertainment which are secondary and subordinate to the principal use of the
establishment as an eating and drinking place.Also includes dfive in festaul: nts lunch
counters and refreshment stands selling prepared goods and drinks for immediate
consumption. Restaurants, lunchcounters, and drinking places operated as subordinate
service facilities within other establishments are not included here unless they are operated
as leased departments by outside operators. Does not include establishments with drive-
through facilities.
Eating and Drinking Places with Drive-Through Facilities Establishments which include
points of service where customers are served prepared food without leaving their vehicles
Electronic and Scientific instruments. Manufacturing and establishments producing
instruments (including professional and scientific) for measurement,testing,analysis and
control, and their associated sensors and accessories; optical instruments and lenses;
surveying and drafting instruments; surgical,medical, and dental instruments, equipment,
and supplies; ophthalmic goods;photographic equipment and supplies; and watches and
clocks; and electrical instruments, components and equipment including integrated
circuits, semiconductors, calculators and computers.
Farm Animal Raising. The keeping, feeding or grazing of animals as an avocation, hobby,
or school project, subordinate to the principal residential use of a property, includes
species commonly considered as farm animals as well as exotic species, but does not
include household pets. See also "Livestock Specialties."
126
i
Farm Equipment and Supplies. Establishments primarily engaged in the sale or rental of
agricultural machinery and equipment for use in the preparation and maintenance of the
soil, the planting and harvesting of crops; and other operations and processes pertaining to
work on the farm; also dairy and other livestock equipment. Includes agricultural
machinery, dairy farm machinery and equipment, irrigation equipment, poultry equipment
and frostrotection equipment; ha ain and feed sales.
PY, in'
Farm Labor Quarters. Includes residences,rooming houses and boardinghouses and mess
halls for farm workers employed on land owned by the owner of the building site on which
the quarters are located.
Financial Services. Service establishmentsrimarily engaged in the field of finance,
P
including: banks and trust companies; credit agencies other than banks;brokers and
dealers in securities and commodity contracts; security and commodity exchanges; holding
(but not predominantly operating)companies; and other investment companies.
Fisheries and Game Preserves. Resource extraction operations engaged in commercial
fishing (including marine-related animals, mammals, etc.) and the operation of fish
hatcheries,fish and game preserves, and game propagation.
Food and Beverage Retail Sales. Retail trade establishments primarily engaged in selling
food for home preparation and consumption, as well as the retail sale of packaged
alcoholic beverages for consumption off the premises, including wine tasting facilities
which are not on the same site as the winery. Establishments (except for wine tasting
facilities)may include no more than two gas pumps as an accessory use.
Food and Kindred Products.Manufacturing establishments engaged in producing or
processing foods and beverages for human consumption and certain related products.
Includes: (1) meat and poultry products (slaughtering, canning, and curing and byproduct
processing); (2) dairy products processing;(3) canned and preserved fruit and vegetables
and related processing; (4)grain mill products and byproducts; (5)bakery products, sugar
and confectionery products; (6)fats and oil products; (7) beverages and liquors (except
wineries, which are included under "Ag Processing"); and (8)miscellaneous food
preparation from raw products. Operations on crops subsequent to their harvest are
included under "Ag Processing."
Forestry. Establishments primarily engaged in the operation of timber tracts, tree farms,
forest nurseries, and related activities such as reforestation services; also the gathering of
gum barks, sap, moss and other forest products. Does not include logging camps.
Fuel and Ice Dealers. Retail trade establishments primarily engaged in the sale to
consumers of coal, wood, ice,fuel oil and liquefied petroleum gas (LPG), bottled or in
bulk.
Funeral Services. Establishments with facilities for the preparation of the dead for burial or
cremation and for the holding of funeral observances and services. Accessory facilities
may include a cemetery, columbarium or mausoleum. Includes: funeral homes and parlors,
mortuaries, and related facilities.
Furniture and Fixtures. Manufacturing establishments producing: wood and metal
household furniture and appliances; bedsprings and mattresses;all types of office furniture
and public building furniture and partitions,shelving, lockers and store furniture; and
miscellaneous drapery hardware, window blinds and shades.
Furniture,Home Furnishings and Equipment. Retail trade establishments primarily
engaged in selling furnishings for the home, such as furniture, floor coverings, draperies,
glass and chinaware, domestic stoves, refrigerators and other household electrical and gas
appliances. Establishments selling electrical and gas appliances are included only if the
127
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major part of their sales consist of articles for home use. Also includes retail sale of office
furniture, as well as music stores.
General Merchandise Stores.Retail trades included in this group are department stores,
variety stores, drug and discount stores, general stores, etc., engaged in retail sales of many
lines of new and used merchandise, including: dry goods; apparel and accessories;
furniture and home furnishings; small wares; hardware; sporting goods and equipment;
bicycles,parts and accessories. Also includes sales of miscellaneous shopping goods such
as: books; stationery;jewelry; hobby materials, toys and games; cameras and photographic
supplies; gifts, novelties and souvenirs; luggage and leather goods; fabrics and sewing
supplies; florists; cigar and newsstands: artists' items (stores for which may include space
for crafting operations when such area is subordinate to the retail sales); and other
miscellaneous retail shopping goods.
Glass Products. Manufacturing establishments producing flat glass and other glass
products which are pressed,blown, or shaped from glass produced in the same
establishment.Does not include artisan and craftsman type operations of a larger scale
than home occupations, which are listed under "Small Scale Manufacturing."
Health Care Services..Service establishments primarily engaged in furnishing medical,
mental health,surgical and other personal health services including: medical, dental and
psychiatric offices (mental health)related services including various types of counseling
practiced by licensed individuals other than medical doctors or psychiatrists, or unlicensed
individuals, are included under"Offices");medical and dental laboratories; outpatient care
facilities; and allied health services. Associations or groups primarily engaged in providing
medical or other health services to members are included. Also includes hospitals and
similar establishments primarily engaged in providing diagnostic services, extensive
medical treatment including surgical and other hospital services; such establishments have
an organized medical staff, inpatient beds, and equipment and facilities to provide
complete health care. Nursing homes and similar long-term personal care facilities are
classified in "Residential Care."
Home Occupations. The gainful employment of the occupant of a dwelling, with such
employment activity being subordinate to the residential use of the property:
Horticultural Specialties. Agricultural establishments primarily engaged in the production
of ornamental plants and other nursery products, grown under cover or outdoors. Also
includes establishments engaged in the sale of such products, i.e., wholesale and retail
nurseries.
Hotels,Motels. Commercial transient lodging establishments including hotels, motor
hotels,motels, tourist courts or cabins, primarily engaged in providing overnight or
otherwise temporary lodging, with or without meals, for the general public. Such
establishments shall not provide kitchen facilities in more than twenty-five (25%) percent
of the units.
Indoor Recreation Services. Facilities for various indoor sports and recreation, including:
bowling alleys; ice skating and roller skating; gymnasiums,health and athletic clubs;
tennis, handball, racquetball and similar indoor sports; recreation and community centers.
Kennels. A lot, building, structure,enclosure or premises where four or more dogs or cats
(four months of age or older) are kept or maintained, including the keeping of such
animals for sale, for commercial breeding or for lodging and care for which a fee is
charged. Does not include dogs and cats kept for noncommercial purposes, including
hunting and herding livestock, which are allowed as residential accessory uses.
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Laundries and Dry Cleaning Plants. Service establishments primarily engaged in high
volume laundry and garment services,including: power laundries (family and
commercial); garment pressing and dry cleaning; linen supply; diaper service; industrial
laundries; carpet and upholstery cleaners. Does not include coin-operated laundries or dry
cleaning pickup stores without dry cleaning equipment; which are classified in "Personal
Services."
Libraries, Museums. Permanent public or quasi-public facilities generally of a
noncommercial nature such as libraries, museums, art exhibitions,planetariums,
aquariums, botanical gardens, arboretums and zoos. Also includes historic sites and
exhibits.
Light Repair Services.Service establishments where repair of small consumer products is
the principal business activity,including: Electrical repair shops; television and radio and
other small appliance repair; and watch, clock and jewelry repair. Does not include repair
or services that are incidental and accessory to retail sales.Does not include businesses
serving the repair needs of heavy equipment, or large size consumer products which are
included under "Business Support Services."
Livestock Specialties. Agricultural establishments primarily engaged in commercial
livestock keeping or feeding as a principal land use which, because of operational
characteristics,may generate dust,odors or visual impacts which could have an adverse
effect upon adjacent properties. Such uses include dairies, chicken, turkey and other
poultry farms; animal specialties (such as rabbit farms and other fur-bearing animals);
other specialties such as bee farms, aviaries, worm farms, etc.
Lumber and Wood Products. Manufacturing and processing uses including merchant
sawmills, lath mills, shingle mills, cooperage stock mills, planing mills, and plywood mills
and veneer mills engaged in producing-lumber and basic wood products; and
establishments engaged in manufacturing finished articles made entirely or mainly of
wood or wood substitutes. Also included are: truss and structural beam assembly; wood
containers; pallets and skids; wood preserving; particle board assembly; turning and
shaping wood and wood products on a manufacturing basis; mobile home and modular
home assembly.Wood and cabinet shops are included in "Furniture and Fixtures." Craft
type shops are included in "Small Scale Manufacturing."
Machinery Manufacturing.Establishments engaged in manufacturing machinery and
equipment such as: engines and turbines; farm and garden machinery and equipment
(except for secondary assembly of such products which is included under"Farm
Equipment and Supplies");construction, mining and materials handling machinery and
equipment such as bulldozers,cranes, dredging machinery, mining equipment, oil field
equipment,passenger and freight elevators, conveyors,industrial trucks and tractors;
machine tools such as gear cutting machines, die casting machines, dies,jigs, industrial
molds, power driven hand tools;machinery for use in the food products, textile,
woodworking,paper or printing industries; general machinery and equipment such as
pumps, roller bearings, industrial furnaces and ovens; office, computing and accounting
machines such as typewriters, computers, dictating machines;machinery for refrigeration
and service industries such as commercial laundry and dry cleaning equipment,heating,
ventilating and air conditioning equipment, commercial cooking and food warming
equipment; miscellaneous machinery suchascarburetors, pistons and valves.
Mail Order and Vending. Establishments primarily engaged in retail sale of products by
catalog and mail order. Also includes vending machine distributorships and suppliers.
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Membership Organizations. Organizations operating on a membership basis for the
promotion of the interests of the members, including: business associations;professional
membership organizations; labor unions and similar labor organizations; civic, social and
fraternal organizations(not lodging); political organizations and other membership
organizations.
Metal Industrries,Primary. Manufacturing establishments engaged in the smelting and
refining of ferrous and nonferrous metals from ore,pig, or scrap; in the rolling,drawing,
and alloying of ferrous and nonferrous metals; in the manufacture of castings and other
basic products of ferrous and nonferrous metals; and in the manufacture of nails, spikes,
and insulated wire and cable. Merchant blast furnaces and byproduct or beehive coke
ovens are also included.
Mining. Resource extractions establishments primarily engaged in mining, developing
mines or exploring for metallic minerals(ores),coal and nonmetallic minerals (except
fuels), or surface mines extracting crushed and broken stone, dimension stone or sand and
gravel.See also "Stone and Cut Stone Products."
Mini-Storage. Buildings containing individual storage areas rented or leased to the general
public. Does not include warehousing or exterior storage facilities.
Mobile home Developments.Includes mobile home parks and mobile home subdivisions
in any area or tract of land where two or more mobile home lots are leased,rented, or sold
to accommodate mobile homes used for human occupancy.Includes the renting and
leasing of overnight or short-term sites for trailers and campers in a mobile home park
provided that such spaces are included in themaximumallowable density and do not
constitute more than twenty(20%)percent of the total spaces in the mobile home park.
Mobile home Dwelling. A vehicle without self-propulsion designed and equipped as a
dwelling unit to be used with a foundation.
Multiple Family Dwellings. Includes a building, or portion of a building, used and/or
designed as a residence for two or more families living independently of each other
(includes duplexes,triplexes and apartments).
Offices_Establishments engaged in performing a service in a professional office including:
- engineering, architectural and surveying services;real estate agencies; noncommercial
educational,scientific and research organizations; accounting, auditing, and bookkeeping
services;authors, writers, artists,etc.; advertising agencies;photography studios and small
commercial art studios; employment agencies and stenographic services; reporting
services; data processing and computer services;management,.public relations, and
consulting services; detective agencies and other similar professional services; attorneys;
and counseling services provided by individuals other than licensed psychiatrists, which
are included under "Health Care Services."
Organization Houses. Residential lodging houses operated by membership organizations
for the benefit of their constituents and not open to the general public. Also includes
fraternity and sorority residential houses and religious residential retreats.
Outdoor Recreation Services. Facilities for various outdoor sports and recreation,
including: amusement and kiddie parks; golf courses, golf driving ranges and miniature
golf courses; skateboard parks;go-cart and miniature auto race tracks; tennis courts, swim
and tennis clubs and facilities; play lots,playgrounds and athletic fields; recreation and
community centers.
Paper Products. Includes the manufacture of pulps from wood, other cellulose fibers, and
rags; the manufacture of paper and paperboard; and the manufacture of paper and
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paperboard into converted products such as paper coated off the paper machine,paper
bags,paper boxes, and envelopes. Also includes building paper and building board mills.
Paving Materials. Manufacturing establishments producing various common paving and
roofing materials, including paving blocks made of asphalt, creosoted wood and various
compositions of asphalt and tar.
Personal Services.Service establishments primarily engaged in providing services
generally involving the care of the person which are not medically related,including:
beauty and barber shops; shoe repair shops; saunas and hot tubs; dry cleaning pickup
stores and small scale dry cleaners without pickup and delivery services; clothing rental;
dating and escort services; and related activities.
Petroleum Extraction. Resource extraction establishments primarily engaged in: producing
crude petroleum and natural gas; recovering oil from oil sands and shales;producing
natural gasoline and cycle condensate. Activities include exploration, drilling, oil and gas
well operation and maintenance, operation of natural gas and cycle plants, and the mining
and extraction of oil from oil sands and shales.
Petroleum Refining and Related Industries.Manufacturing and processing establishments
primarily engaged in petroleum refining, and compounding lubricating oils and greases
from purchased materials. Also includes manufacture of petroleum coke and fuel
briquettes and petroleum bulk stations. Petroleum and petroleum products distributors are
included in "Wholesaling and Distribution."
Pipelines.Facilities primarily engaged in the pipeline transportation of crude petroleum;
refined products of petroleum such as gasoline and fuel oils; mixed,manufactured or
liquefied petroleum gas; or the pipeline transmission of other commodities, excluding
natural gas.
Plastics and Rubber Products.Manufacturing establishments producing rubber products
such as: tires;rubber footwear; mechanical rubber goods; heels and soles; flooring; and
rubber sundries from natural, synthetic or reclaimed rubber, gutta percha, balata, or gutta
siak. Also includes establishments primarily manufacturing tires (establishments primarily
recapping and retreading automobile tires are classified in "Auto, Mobile home and
Vehicle DealersandSupplies"). Also includes establishments engaged in molding primary
plastics for the trade,and manufacturing miscellaneous finished plastics products.
Primary Family Housing. A secondary dwelling to a single-family dwelling which is
limited to occupancy by members of the immediate family of the property owner.
Immediate family members shall only include grandparents,parents, children,
grandchildren, sisters and brothers of the property owner or spouse of the property owner.
Public Assembly and Entertainment. Facilities for public assembly and group
entertainment such as: public and semi-public auditoriums; exhibition and convention
halls; civic theaters and meeting halls;motion picture theaters; legitimate theater facilities
for live theatrical presentations or concerts by bands and orchestras; amphitheaters;
meeting halls for rent and similar public assembly uses.
Recreational Vehicle Parks. Transient lodging establishments primarily engaged in
renting, leasing or otherwise providing overnight or short-term sites for trailers, campers,
or tents, with or without individual utility hookups,but with other facilities such as public
restrooms. Does not include incidental camping areas, which are included under"Rural
Sports and Group Facilities."
Recycling and Scrap. Establishments primarily engaged in assembling,breaking up,
sorting, temporary storage and distribution of recyclable or reusable scrap and waste
materials,including auto wreckers engaged in dismantling automobiles for scrap. Does not
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include waste disposal sites, which are separately defined. Does not include temporary
storage of toxic or radioactive waste materials.
Recycling Centers. An establishment,which is larger than a "collection station," that
serves as a community-wide center for the collection and/or processing of recyclable
materials such as glass, paper, plastic, aluminum and metal cans.
Residential Accessory Uses. Includes any use that is customarily part of a residence and is
clearly incidental and secondary to a residence and does not change the character of the
residential use. Residential accessory uses include the storage of vehicles and other
personal property and accessory structures including garages,studios and workshops.
Residential Care. Establishments primarily engaged in the provision of residential social
and personal care for children, the aged, and special categories of persons with some limits
or ability for self-care, including mental and physical limitations, but where medical care
is not a major element.Includes: board and care facilities; children's homes; halfway
houses;rehabilitation centers; self-help group homes.
Retirement Hotel. Establishments primarily engaged in providing lodging facilities limited
to the aged where no medical care is provided. Such establishments may provide
housekeeping and meals to the residents.
Roadside Stands. Open structures for the retail sale.of agricultural products (except hay,
grain and feed sales which are included under "Farm Equipment and Supplies") which are
located on the site or in the area of the property where the products being sold were grown.
Rural Sports and Group Facilities. Establishments supporting special group activities such
as: archery, pistol,rifle,and skeet clubs and facilities; dude ranches; health resorts
including outdoor hot spring, spa or hot tub facilities; hunting and fishing clubs;
recreational camps; group or organized camps; incidental, seasonal camping areas without
facilities; equestrian facilities, including riding academies, schools, stables and exhibition
facilities.
Sales Lots. Sales lots consist of any outdoor sales area for permanent display of
recreational vehicles,recreational and utility trailers,motorized farm equipment,boats,
heavy commercial trucks (over one (1)ton),mobile homes, construction equipment, or
- other heavy equipment; outdoor equipment rental yards; or large scale temporary or
permanent outdoor sales activities,including but not limited to, swap meets and flea
markets.
Schools --Business and Vocational.Business and secretarial schools;vocational schools
offering specialized trade and commercial courses; specialized nondegree granting
schools, such as: music schools;dramatic schools; language schools; driver education
schools;ballet and other dance studios; and establishments furnishing educational courses
by mail.
Schools. An institution or establishment that provides a program of instruction and
teaching services. Includes: preschools, nursery schools and day care centers; elementary
and secondary schools serving grades K through 12 (or portions thereof);junior colleges,
colleges and universities; and similar education institutions. Does not include Sunday
schools which are permitted under "Churches and Related Facilities."
Service Stations. Retail trade establishments primarily engaged in the sale of gasoline,
which may also provide lubrication, oil change and tune-up services incidental to gasoline
sales.May also include a towing service but does not include storage of wrecked or
abandoned vehicles,paint spraying body and fender work, or trailer and equipment rental,
unless rental uses are allowed in the subject zoning district as "Storage Yards and Sales
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Lots."Does not include the retail sale of gasoline as a subordinate service to a liquor store
unless such sale includes more than two pumps.
Sexually Oriented Business. An business defined b the Atascadero Sexually Oriented
Y Y Y
Business Ordinance(see Chapter 5-10) as an adult arcade, adult bookstore, adult novelty
store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult
theater, massage parlor, sexual encounter establishment, or nude model studio is a sexually
oriented business.
Single-Family Dwelling."A detached building designed for and/or occupied exclusively by
one family.Does not include mobile home dwellings which have a separate description.
Skilled Nursing Facility. Residential establishments primarily engaged in providing
nursing and health related personal care, generally on a long term basis, with inpatient
beds, including skilled nursing facilities; extended care facilities; convalescent and rest
homes.
Small Scale Manufacturing. Manufacturing establishments not classified in any other
major manufacturing group including:jewelry, silverware and plated ware; musical
instruments; toys; sporting and athletic goods; pens, pencils, and other office and artists'
materials; buttons, costume novelties, miscellaneous notions; brooms and brushes; and
other miscellaneous manufacturing industries. Also included are artisan and craftsman
type operations which are not home occupations, and which are not secondary to on-site
retail sales.
Social and Service Organizations. Public or quasi-public establishments providing social
services and rehabilitation services to such as counseling centers, welfare offices,job
counseling and training centers, or vocational rehabilitation agencies, persons with social
or personal problems requiring special services and to the handicapped and the
disadvantaged. Also included are organizations soliciting funds to be used directly for
these related services. Also includes establishments engaged in community improvement
and neighborhood development. Does not include child day-care services which are
classified under "Schools."
Sports Assembly. Facilities for spectator-oriented specialized group sports assembly that
include: stadiums and coliseums; arenas and field houses;racetracks (auto and animals);
motorcycle racing and drag strips; and other sports that are considered commercial.
Stone and Cut Stone Products. Manufacturing establishments primarily engaged in cutting,
shaping, and finishing marble, granite, slate, and other stone for building and
miscellaneous uses. Also includes establishments primarily engaged in buying or selling
partly finished monuments and tombstones.
Structural Clay and Pottery-Related Products. Manufacturing establishments primarily
producing brick and structural clay products, including pipe, china plumbing fixtures, and
vitreous china articles, fine earthenware and porcelain electrical supplies and parts.
Artist/craftsman uses are included in "Small Scale Manufacturing" or "Home
Occupations."
Temporary Dwelling. Includes the temporary use of a mobile home or recreational vehicle
as a dwelling unit, following the issuance of a building permit for a permanent residence
while the permanent residence is under construction.
Temporary Events. Any use of a structure or land for an event for a limited period of time
where the site is not to be permanently altered by grading or construction of accessory
facilities. Events include: art shows; rodeos; religious revivals; tent camps; outdoor
festivals and concerts.
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Temporary Offices. The utilization of a mobile home or recreational vehicle as a
temporary office during the period of a construction of a permanent office facility on the
same site.
Temporary or Seasonal Retail Sales. Retail trade establishments primarily engaged in the
sale of fireworks; produce; Christmas trees or other seasonal items; or semiannual sales of
art or handcrafted items in conjunction with community festivals or art shows.
Textile Mills. Manufacturing establishments engaged in performing any of the following
operations: preparation of fiber and subsequent manufacturing of yarn, threads,braids,
twine cordage;manufacturing woven fabric and carpets and rugs from yarn; dying and
finishing fiber, yard,fabric, and knit apparel; coating, waterproofing, or otherwise treating
fabric; the integrated manufacture of knit apparel and other finished products from yarn;
and the manufacture of felt goods, lace goods, nonwoven fabrics and miscellaneous
textiles.
Transit Stations and Terminals.Passenger stations for vehicular and rail mass transit
systems; also terminal facilities providing maintenance and service for the vehicles
operated in the transit system.
Utility Service Centers. A private or public utility facility providing for customer services
(including bill paying),engineering, clerical and construction crew activities. Includes
vehicle, material and equipment parking and storage.
Utility Transmission Facilities. Utility transmission lines and distribution facilities,
including substations for electric, gas, other energy sources, water,cable television and
telephone.Does not include lines serving individual customers.
Vehicle and Freight Terminals. Transportation establishments furnishing services
incidental to transportation including: freight forwarding services; transportation
arrangement services;parking, crating, inspection and weighing services; freight terminal
facilities;joint terminal and service facilities;trucking facilities, including transfer and
storage;public warehousing and storage. Includes both railroad transportation and motor
freight transportation.
Vehicle and Equipment Storage. Service establishments primarily engaged in the business
- of storing cars,buses and other motor vehicles;recreational vehicles (such as campers,
motor homes, boats); construction equipment; and farm equipment. Includes both day use
and long-term public and commercial garages, parking lots and structures. Does not
include wrecking yards (classified in "Recycling and Scrap").
Warehousing. Establishments primarily engaged in the storage of farm products, furniture,
household goods, or other commercial goods of any nature for later distribution to
wholesale and retailers.Does not include terminal facilities for handling freight (classified
in "Vehicle and Freight Terminals"). Also includes storage or ministorage facilities offered
for rent or lease to the general public.
Wholesaling and Distribution. Establishments engaged in selling merchandise to retailers;
to industrial, commercial,institutional, farm, or professional business users; or to other
wholesalers; or acting as agents or brokers in buying merchandise for or selling
merchandise to such persons or companies. Includes such establishments as: merchant
wholesalers; agents,merchandise or commodity brokers, and commission merchants;
assemblers, buyers and associations engaged in the cooperative marketing of farm
products.
9-3.203 Conditional uses.
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The following uses may be allowed in the Commercial Neighborhood Zone. The
establishment of conditional uses shall be as provided by Section 9-2.109 (conditional use
permits):
(a) Service Stations (see Section 9-6.164);
(b)Food and beverage retail sales, where areas of use are greater than two thousand five
hundred(2,500) square feet per store;
(c) General merchandise stores, where areas of use are greater than two thousand five
hundred(2,500) square feet per store;
(d)Eating and drinking places, where areas of use are greater than two thousand five
hundred(2,500) square feet per storei-
(e)Eating and drinking places with drive-through facilities.
.9-3.213 Conditional uses.
The following uses may be allowed in the Commercial Professional Zone. The
establishment of conditional uses shall be as provided by Section 9-2.109
(a) Caretaker's residence (see Section 9-6.104);
(b) Churches and related activities (see Section 9-6.121);
(c)Pipelines;
I (e)Easting and drinking places with drive-through facilities;
(ef)Food and beverage retail sales, where areas of use are greater than two thousand five
hundred(2,500)square feet per store;
(fg) General merchandise stores, where areas of use are greater than two thousand five
hundred(2,500) square feet per store;
(gh)Personal services, where areas of use are greater than two thousand five hundred
(2,500) square feet per store;
(1}i)Building materials and hardware, where areas of use are greater than two thousand
five hundred(2,500) square feet per store(see Section 9-6.165);
(i-j)Furniture, home furnishings and equipment, where'areas of use are greater than two
thousand five hundred (2,500) square feet per store.
9-3.222 Allowable uses.
The following uses shall be allowed in the Commercial Retail Zone. The establishment of
allowable uses shall be as provided by Section 9-2.107 (Plot plans) and Section 9-2.108
(Precise plans):
(a) Broadcast studios;
(b)Building materials and hardware (see Section 9-6.165);
(c) Food and beverage retail sales;
(d)Furniture, home furnishings and equipment;
(e) General merchandise stores;
(f)Mail order and vending;
(g)Temporary or seasonal sales (see Section 9-6.174);
(h)Financial services;
(i)Health care services;
0) Offices;
(k) Small scale manufacturing;
(1)Temporary offices (see Section 9-6.176);
(m) Personal services;
(n)Light repair services;
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(o) Accessory storage (see Section 9-6.103);
(p)Eating and drinking places;
(q)Membership organizations;
(r)Horticultural specialties(see Section 9-6.116);
-(v4 . 1V KII.i.L equipment.JLV.I LI.gV (vL4 Seetion
(�s) Schools--business and vocational (see Section 9-6.125);
(t},Utility transmission facilities;
(-u Business support services,where all areas of use are located within a building;
(wv) Social and service organizations;
(*w) Collection stations (see Section 9-6.130);
(y2x)`Farm equipment and supplies;
(-2�y)Fuel and ice dealers (See Section 9-6.134);
(aaD Hotels and motels;
(bbaa) Skilled nursing facility(see Section 9.6.134);
(eeh Bed and breakfast;
(44cc)Retirement hotel;
(eek Funeral services;
(#ee) Schools (see Section 9-6.125) ;
(g—f�f Utility service center;
(hligg)Libraries and museums;
( hh)'Temporary events(see Section 9-6.177);
(}j�Lii Sexually oriented businesses (see Chapter 5-10).
9-3.223 Conditional uses.
The following uses may be allowed in the Commercial Retail Zone. The establishment of
conditional uses shall be as provided by Section 9-2.109 (Conditional use permits):
(a) Amusement services;
(b)Bar/tavern
(bc� Caretaker residence(see Section 9-6.104);
- (d)Eating and drinking places with drive-through facilities - - -
(ee) Service station (see Section 9-6.164);
(4f)Public assembly and entertainment;
(eg)Indoor recreation services;
(fh) Animal hospitals (see Section 9-6.110);
(t�) Auto repair and services (see Section 9-6.168);
(4j) Churches and related activities (see Section 9-6.121);
(i•.k)Food and kindred products (see Section 9-6.128);
(fil)Pipelines;
(lin) Outdoor recreation services (see Section 9-6.123);
(in) Sports assembly;
(mo)Transit stations and terminals;
(np)Kennels (see Section 9-6.111);
& Vehicle and Equipment Storage (see Section 9-6.183)•
(,er) Auto dealers (new and used) and supplies (see Section 9-6.163).
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9-3.232 Allowable uses.
The following uses are allowed in the Commercial Service Zone. The establishment of
allowable uses shall be as provided by Section 9-2.107 (Plot plans) and Section 9-2.108
(Precise plans):
(a) All uses listed as allowable uses in the CR (Commercial Retail) Zone;
(b)Wholesaling and distribution;
(c) Light repair services;
(ted)Apparel and finish products, where areas of use are less than five thousand(5,000)
square feet;
(€e)Electronic and scientific instruments, where areas of use are less than five thousand
(5,000) square feet;
(gf)Furniture and fixtures, where areas of use are less than five thousand (5,000) square
feet;
(#g)Animal hospitals (see Section 9-6.110);
(i-h)Auto repair and services (see Section 9-6.168);
(�i)Laundries and dry cleaning plants;
(l-j) Stone and cut stone products, where all areas of use are less than five thousand(5,000)
square feet;
(M) Contract construction services;
(mD Food and kindred products (see Section 9-6.128);
(nm)Kennels (see Section 9-6.111);
(en) Sexually oriented businesses (see Chapter 5-10).
9-3.233 Conditional Uses.
The following uses may be allowed in the Commercial Service Zone. The establishment of
conditional uses shall be as provided by Section 9-2.109 (Conditional use permits):
(a) Amusement services;
(b) Warehousing;
(c)Vehicle andfreightterminal;
(d) Service stations (see Section 9-6.164);
(e) Caretaker residence (see Section 9-6.104);
(f) Transit stations and terminals;
(g)Public assembly and entertainment;
(h) Indoor recreation services;
(i) Outdoor recreation services (see Section 9-6.123);
0) Apparel and finish products, where areas of use exceed five thousand (5,000)square
feet;
(k) Sports assembly;
(1) Electronic and scientific instruments, where areas of use exceed five thousand (5,000)
square feet;
(m)Furniture and fixtures, where areas of use exceed five thousand(5,000) square feet;
(n) Glass products manufacturing;
(o)Pipelines;
(p) Stone and cut stone products, where all areas of use exceed five thousand (5,000)
square feet;
I (q) Auto dealers (new and used) and supplies (see Section 9-6.163.)x:
(r) Storaffe yards (see Section 9-6.140).
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9-3.242 Allowable uses.
The following uses shall be allowed in the Commercial Tourist Zone.The establishment of
allowable uses shall be as provided by Sections 9-2.107 and 9-2.108:
(a)Eating and drinking places;
(b)Financial services;
(c)Furniture, home furnishings. and equipment;
(d) General merchandise stores;
(bag)Hotels and motels;
(ED Service station(see Section 9-6.164);
(dg)Accessory storage(see Section 9-6.103);
(eh)Utility transmission facilities;
(fi)Libraries and museums;
(i) Outdoor recreation services (see Section 9-6.123);
(k) Offices;
(hl) Sports assembly;
(mi)Temporary events (see Section 9-6.177);
qn)Transit stations and terminals
fLl Amusement „
(io Collection station(see Section 9-6.130);
(fnp)Recreational vehicle park(see Section 9-6. 180);
(n_q)Roadside stands(see Section 9-6.117);
(er)Temporary and seasonal sales (see Section 9-6.174);
(ps)Public assembly and entertainment;
(qD The following only apply when clearly subordinate and incidental to an allowable use
as provided in this section:
(1)Food and beverage retail sales,
_(--a) Qeiiefa4 mer-ehafldise star-es,
_(3)
(42)Personal services,
(43)Auto repair and services (see Section 9-6.168);
OR)Bed and breakfast;
(-,vv)Indoor recreation services.
9-3.243 Conditional uses.
The following uses maybe allowed in the Commercial Tourist Zone. The establishment of
conditional uses shall be as provided by Section 9-2.109:
(a) Amusement services;
LtjAuto, mobile home and vehicle dealers and supplies (see Section 9-6.163);
(c)Bar/tavern
(d)Eating and drinking_121aces with drive-through facilities;
(be) Sales lots (see Section 9-6.139);
(ef) Caretaker's residence(see Section 9-6.104);
(dg)Pipelines.
9-3.252 Allowable uses.
The following uses shall be allowed in the Commercial Park Zone.The establishment of
allowable uses shall be as provided by Chapter 2 of this title:
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(a)Apparel and finished products;
(b) Accessory storage (see Section 9-6.103);
(c)Broadcasting studios;
(d)Building materials and hardware(see Section 9-6.165);
(e)Business support services;
(f) Contract construction services;
(g)Electronic and scientific instruments;
(h)Farm equipment and supplies;
(i)Food and kindred products (see Section 9-6.128);
0)Fuel and ice dealers (see Section 9-6.129);
(k)Furniture and fixtures;
(1)Horticultural specialties (see Section 9-6.116);
(m)Laundries and dry cleaning plants;
(n)Light repair services;
(o)Mail order and vending;
(p) Roadside stands (see Section 9-6.117);
(q) Schools--business and vocational (see Section 9-6.125);
(r) Small scale manufacturing;
(s) Stone and cut stone products;
(t)Temporary events (see Section 9-6.177);
(u)Temporary or seasonal sales (see Section 9-6.174);
(v) Utility transmission facilities;
(w) Wholesaling and distribution;
(x)The following uses when established in conjunction with a commercial center
containing at least one major commercial tenant with a minimum of twenty thousand
(20,000) square feet of floor area:
(21)Financial services,
(42)Food and beverage retail sales,
(�3)Furniture,home furnishings and equipment,
(44)General merchandise store.
(y)Eating and drinking places of up to two thousand five hundred (2,500) square feet;
(z) Office;
(aa)Health care services.
9-3.253 Conditional uses.
The following uses may be established in the Commercial Park Zone. The establishment of
conditional uses shall be as provided by Chapter 2 of this title:
(a)Animal hospitals;
(b) Auto repair and services (see Section 9-6.168);
(c)Bar/tavern;
(sA) Chemical products;
(de) Concrete, gypsum and plaster products;
(ff)Eating and drinking places where areas of use are greater than two thousand five
hundred (2 500) square feet per store;
(R)Eating and drinking places with drive-throughfacilities;
(ef Glass products;
(€g)Lumber and wood products;
139
(gh)Machinery manufacturing;
(l}i)Membership organizations;
(i-j)Mini storage;
Qh Paper products;
(kD Paving materials;
(lm)Pipelines;
(mn Plastics and rubber products;
(no)Public assembly and entertainment;
(ep)Sales lots (see Section 9-6.139);
(pg) Structural clay pottery products;
(qr)Textile mills;
Qs) Transit stations and terminals;
(fkt) Vehicle and equipment storage (see Section 9-6.183);
(Uu Warehousing;
(tkv_)Auto dealers (new and used) and supplies (see Section 9-6.163).
9-3.262 Downtown district allowablelanduses and permit requirements.
The following table identifies the land uses allowed by this article 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.
Allowed Uses and Permit IEP]Permitted UseJ.
Requirements CUP Conditional Use Permit required
for Downtown Zoning Districts ,
Use not allowed I
PERMIT Specific Use
! REQUIRED Regulations
LAND USE(1) 1 DC IDO
MANUFACTURING AND PROCESSING USES
Light repair services
Printing and publishing P �—
R&D(t) (Research and developme t P� P
including tee logy) i� �Tµwww
R&D- Biotechnology, chemical, CUP CUP
pharmaceutical
RECREATION, EDUCATION& 4
ASSEMBLY USES
Membership organizations E CUP�E=-- -L--
Amusement services -- C
Indoor recreation services �� P ��-��� ���
140
i
Libraries, museums, galleriesL�P-1
Public parks and playgrounds
Schools - Public CUP
Schools - Business and vocational 'CU P 1:1 CUP
Studios-Art, dance, martial arts, € P CUP
music, etc.
Public amusement and CUP --
entertainment
RESIDENTIAL USES 3
Home occupationsi P �PP 9-6.105
1E77 _.�
Live/work projects " P /CUP iE: -- —
Multi-family and single-family 1— LP ? P
dwellings P �
Senior citizen housing i CUP4 l
RETAIL TRADE
Artisan shops!, — ---J=P p
L
Auto and vehicle dealerships - Indoor rCUP --
display/sales only
Building materials and hardware-All i P --
activities indoors
Eating and drinking places -Without P --
drive-through
Bar/Tavern p i —
Food and beverage retail sales � �—
Furniture, home furnishings and r P
equipment iL_... ......_
General merchandiseI�--
Temporary or seasonal sales Pi _ _ 6.174
SERVICES
Automated teller machines (ATMs)
Banks and financial services -Without .
CUP ? P
drive-through i�._.._.___.._.._���
d and breakfast
I BeBusiness services
l�C=hil=dK/adu=l�tda=yc�ar=ece=n�ters=�_ -- CUP ,�- —�
Government offices and facilities ,1 P
Hotels and motels =J CUP ;L_. �
Health care services ���.�P=P
Offices p
Personal services � �— �
141
i
C- 1E_
�(
TRANSPORTATION, COMMUNICATIONS,
AND INFRASTRUCTURE USES
Broadcasting studios CUP ��P
Transit stations and terminals CUP CUP I
Utility facilities CUP CUP
l
KEY TO ZONING DISTRICT SYMBOLS
DCj Downtown Commercial
D jgowntown Office
Notes:(Only the notes that apply to this table are shown below:)
See Section 9-3.701 for land use descriptions. See Section 9-1.106(d)
i regarding uses not listed.
LalS2plotPlan approval required (9-2.107). Precise Plan approval (9-2.108) may
o 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.
Residential uses allowed only on second and third floor,except sites north of
Olmeda Avenue. If aproject is required to provide a unit in compliance with the
Americans with Disabilities Act, the handicapped accessible unit may be located
on a first floor.A first floor unit shall be located in a non-storefront location within
a tenant space.
Use allowed only on sites north of Olmeda Avenue.
Permitted use if the residential quarters are located on the second or third
floors. .
Conditional Use Permit required if the residential quarters are located on the
firstfloor.
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 article may also apply.
SECTION 3. A. summary of this ordinance, approved by the City Attorney, together
with the ayes and noes, shall be published twice: at least five days prior to its final passage in
the Atascadero News, a`newspaper published and circulated in the City of Atascadero, and;
before the expiration of fifteen (15) days after its final passage in the Atascadero News, a
newspaper published and circulated in the City of Atascadero. A copy of the full text of this
ordinance shall be on file in the City Clerk's office on and after the date following introduction
and passage and shall be available to any interested member of the public.
142
i
INTRODUCED at a regular meeting of the City Council held on , and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on
by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CITY OF ATASCADERO
By:
Wendy Scalise,Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Patrick Enright, City Attorney
143
ITEM NUMBER: C-1
DATE: 03/08/05
i ■i■ ■ ■
i
1918 19
d is
Atascadero City,Council
Staff Report— City Manager's Office
Downtown Revitalization Plan
Endorsement of the Downtown Revitalization
Implementation Strategy
RECOMMENDATIONS:
Council
1. Adopt the draft resolution defining the downtown study area and setting
forth policies and priorities for the area; and,
2. Prioritize public investment opportunities in the downtown study area.
DISCUSSION:
Background: Throughout the past few months, the community has been
engaged in reviewing and suggesting updates to the existing Downtown
-- -`Revitalization Plan. The plan is now five-years old-, and-while--it still provides,-a--
framework
rovides aframework for downtown planning, several opportunities/challenges have arisen
in the downtown area that need to be addressed. Among these are the opening
of the Carlton Hotel, the San Simeon Earthquake that relocated city hall out of
the Veterans Memorial Building, and the recent financing by the Atascadero
"Redevelopment Agency providing $9 million for public investment. Additionally,
the area is getting attention from several local and regional developers and the
increased development activity calls for proactive planning.
The revised plan consists of a visual map depicting opportunities in the
downtown study. area, a written vision for downtown Atascadero, and a list of
priorities and policies (implementation steps) for the downtown area. Updates to
the plan include streetlight and streetscape improvements, modifications to the
Sunken Gardens, construction of the Lewis Avenue Bridge, addressing parking
needs, and including the placement of more retail and entertainment
development, specifically restaurants, a performing arts venue and a movie
theater in the area. Tonight the City Council is being asked to review and
approve revisions to the Downtown Revitalization Plan so they can be
implemented.
144
ITEM NUMBER: , C-1
DATE: 03108/05
t
Public Process: The success of any downtown plan depends on the support it
receives from members of the community. The revisions to the Downtown
Revitalization Plan are the result of an extensive and meaningful public input
process. The process began with staff soliciting feedback at public meetings and
with involved parties such as the Chamber of Commerce and the Main Street
Association. At these meetings, the groups were given the opportunity to
actually draw components of their ideal downtown on an aerial map of the area.
The plans were compiled and put into both visual and written formats and then
shared again with each group to receive further comment.
A noticed hearing was held before the City Council giving the general public a
chance to comment on theplan and finally, a walking tour of the downtown,
attended by 75 residents was held to gather further input and visualize the
proposed vision. Additionally, comment forms have been made available in the
City Hall lobby and via the City's Internet site. The revisions have also been
subject to widespread media coverage including reviews in The Tribune and
Atascadero News and broadcast segments on KEVC radio, KPRL radio, and
KCOY television.'
For reference, the schedule of public involvement is listed below:
January 12, 2005 Public Meeting on Downtown Plan Revisions
January 13, 2005 Initial Meeting with Chamber of Commerce
January 18, 2005 Initial Meeting'with Main Street Association
February 8, 2005 Initial Public Hearing with the City Council
February 10, 2005 Second Meeting with Chamber of Commerce
February 15, 2005 Second Meeting with Main Street Association
February 18, 2005 Downtown Walking Tour
March 8, 2005 Final Public Hearing before the City Council
Next Steps: The planning process is complete and the revised downtown plan is
ready for adoption. If adopted, the attached resolution will implement the plan.
The resolution is comprised of a visual rendition of the plan and a list of specific
policies and priorities for the downtown area. The list of policies and priorities is
broken down into short term goals (less than one year), mid-term goals_(less than
five years) and long term goals(less than ten years). Adopting the plan will allow
staff to begin planning for specific`public improvements and apply components of
the plan to new development. The plan resembles many of the suggestions
provided by members of the public.
If adopted, the first major public improvements will be the construction of
modifications to the Sunken Garden this summer. Planning for the installation of
more streetlights in the downtown area is also underway. Repair of Atascadero
Creek and the construction of the Lewis Avenue Bridge will begin in the'summer
of 2006. The Colony Square development, comprised of retail and residential
spaces and a movie theater, has submitted plans for review and will be the first
major retail development subject to the revised downtown plan. The proposed '`
Lube N' Go oil change and service station slated for the Vons Center will also be
subject to the plan.
145
ITEM NUMBER: C-1
DATE: 03/08/05
Prioritization of Public Investment:
A major component of the plan consists of public improvements. As part of a
recent tax-increment financing, the Redevelopment Agency now has $9 million
available for such investment. In addition to the $9 million available in bond
funds there are other current funding opportunitiesfor these downtown projects.
Unfortunately, it will not be enough for all of the amenities desired in the
downtown area, and the projects will need to be prioritized. In order to develop
both the City's and Redevelopment Agency's budgets, staff is looking for
prioritization and input on the projects listed below.
r
'RntentiaPWb`Nc nv6tment Projects
:15 ect s ,Estimated}Project D st Range r Priority
Purchase of creekside property,creek repairs and building $ 1,500,000 $ 3,000,000 �*
rehabilitation
Sunken Garden Improvements w7 Rose Garden $ 750,000 $ 1,250,000
Lewis Avenue Bridge $ 2,000,000 $ 4,000,000
Streetscape&Median Improvements $ 1,000,000 $ 2,000,000
Downtown Parking Plan $ 50,000 $ 100,000
Downtown Short-term Parking Improvements $ 300,000 $ 2,000,000
Atascadero Creek Pedestrian Bridge $ 500,000 $ 1,500,000
Historic City Hall Repairs $ 3,000,000 $ 7,000,000
Downtown Fagade Program Phase ll I URM retrofit assistance $ 300,000 $ 600,000
Youth Center Assistance $ 250,000 $ 500,000
Purchase of Assorted Downtown Properties $ 1,000,000 $ 4,000,000
Gateway Construction $ 250,000 $ 500,000
Creekside Management Plan $ 50,000 - $ 150,000
Creekside Trail System and Environmental Enhancements $ 200,000 - $ 1,000,000
Affordable Housing Project $ 1,500'0001-- $ 3,000,000
Downtown Maintenance District $ 75,000 $ 150,000
Pedestrian Tunnel Improvements $ 50,000 $ 100,000
Downtown Parking Structure $ 2,500,000 $ 6,000,000
Transit Center l Park&Ride $ 1,000,000 $ 3,000,000
Trail Connection to Stadium Park $ 150,000 $ 300,000
TOTALS 16,425,000 $ 40,150,000
*The Atascadero Community Redevelopment Agency has already appropriated
$1.3 million for the purchase of the Creekside Property. The $1.3 million dollars
is included in the total project estimate listed in the table.
FISCAL IMPACT: There isnot a direct financial impact as a result of this
report.
ATTACHMENTS: Attachment 1: Draft Resolution:
Downtown Revitalization Implementation Strategy
146
ITEM NUMBER: C-1
DATE: 03/08/05
Attachment 1: Draft Resolution
Downtown Revitalization Implementation Strategy
DRAFT
RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO,CALIFORNIA,ENDORSING AN
IMPLEMENTATION STRATEGY FOR THE ATASCADERO
DOWNTOWN REVITALIZATION PLAN
DOWNTOWN REVITALIZATION IMPLEMENTATION STRATEGY
WHEREAS, the City of Atascadero has formed a Redevelopment Agency for the
purposes of revitalizing the historic Downtown core of Atascadero; and,
WHEREAS, the City Council of the City of Atascadero adopted the Atascadero
Downtown Revitalization Plan on July 25, 2000; and,
WHEREAS, the Revitalization Plan contains a Vision Statement, Goals and a
conceptual land use plan but no phasing plan or implementation strategy; and,
Redevelopment Agency WHEREAS, the Community p g y of Atascadero has issued
redevelopment bonds for the purposes of revitalizing Downtown Atascadero; and,
WHEREAS, a public participation process has been conducted to gather the
public's input regarding the prioritization and timing of Downtown improvements;and,
WHEREAS, the proposed Downtown Revitalization Implementation Strategy
does not:amend the July 25, 2000 Downtown Revitalization Plan but rather provides a
strategy for the phasing of improvements; and,
WHEREAS, the Atascadero City Council at a regular meeting held on March 8,
2005, studied and considered the proposed Downtown Revitalization Implementation
Strategy; and,
147
ITEM NUMBER: C-1
DATE: 03/08/05
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Atascadero
SECTION 1. Endorsement of the Downtown Revitalization Implementation
Strategy. The City Council of the City of Atascadero, in a regular session resolved to
endorse the Downtown Revitalization Implementation Strategy consistent with the
following:
EXHIBIT A: Downtown Vision and Goals
EXHIBIT B: Downtown Revitalization Plan Vision Diagram
,EXHIBIT C: Downtown Revitalization Priorities and Policies.
EXHIBIT D: Downtown Study Area Diagram
On motion by Council Member and seconded by
Council Member , the foregoing Resolution is hereby adopted
in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
Wendy Scalise,Mayor
ATTEST:
Marcia McClure Torgerson, City Clerk
APPROVED AS TO FORM:
Patrick L. Enright, City Attorney
148
ITEM NUMBER: C-1
DATE: 03/08/05
Exhibit A: Downtown Vision and Goals
2005 Downtown Revitalization Strategy
The Vision of Downtown Atascadero
The Downtown Revitalization Plan is based on a community vision where:
1. The Downtown has become recognized as an important social and commercial center
of Atascadero. People frequent the Downtown to walk among the shops, along the
Creek,have coffee,dinner, or see a movie.
2. The Sunken Gardens and City Hall are restored to their original grandeur and provide
a the central focal point to downtown. New paths,lighting and decorative paving in
the Sunken Garden make it a comfortable place to stroll and relax. Restaurants and
eateries surround the Sunken Garden while special events in the Garden attract tourist
and families Downtown.
3. The streets have been improved with new trees with white lights, benches, antique
street lamps, signs and colorful banners. A pedestrian bridge allow crossing of the
Creek. The El Camino Real corridor through the Downtown is a pleasant and safe
place for pedestrians to walk from nearby parking. Traffic still moves smoothly, but
calmly along El Camino Real.
4. 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. In some cases,the original brick facades have been restored.
5. Residents take their guests downtown to dine in the many restaurants, often lingering
into the evening at one of the quiet, outdoor patios-under the oaks along West Mall.
Tourists just passing by on the Highway are also drawn Downtown by the views to
City Hall and activities in the-Sunken Gardens.
6. The Downtown supports surrounding office and residential ureas by providing ample
shopping, eating and entertainment opportunities as well as upper floor space for
residences.
7. The Atascadero Creek corridor offers a unique natural setting within the Downtown.
Creekside benches are full at lunchtime as it is a popular location to meet for lunch in
Atascadero. Trails now provide a connection through the Downtown to other parts of
the City like the new youth center.
8. The Downtown is alive and jumping at night; shops are open late and a new
Downtown cinema complex along El Camino Real attracts people from all over the
Central Coast. After seeing a movie or artistic performance, visitors eat, shop, go to a
bookstore or coffee house, visit an art gallery, or listen to music.
9. Downtown is the center of thriving local arts and cultural activities with community
theaters,museums, galleries and the library.
10. It seems that there is always something going on Downtown at the Sunken Gardens.
Events like Colony Days and the Tree Lighting Celebration, concerts,_Art in the
Gardens, sidewalk sales, farmers market, movies in the park and a wide variety of
seasonal promotions that are fun for families and a destination for tourists.
149
ITEMNUMBER: C-1
DATE: 03/08/05
Exhibit A: Downtown Vision and Goals
2005 Downtown Revitalization Strategy
Ten :Downtown Goals
The vision described above will be realized through the implementation of the following
Goals for the Downtown Revitalization Plan:
1. Enhance downtown Atascadero as a source of community pride, cultural activity and
as a community focal point.
2. Establish a safe, pedestrian friendly scale and character that distinguishes Downtown
Atascadero from other commercial areas in the City.
3. Sunken Gardens should provide the central hub for the Downtown connecting El
Camino Real, City Hall, and Atascadero Creek to other Downtown activity areas.
4. Develop a distinctive architectural character for the downtown while allowing for
reasonable design flexibility.
5. Improve the Downtown circulation system for vehicles, bicycles and pedestrians.
6. Improve the appearance of El Camino Real and reduce its impact as a pedestrian
barrier through traffic calming measures.
7. Provide adequate parking to support downtown uses.
8. Enhance Atascadero Creek as a natural amenity and encourage pedestrian pathways
and creek oriented businesses.
9. Promote-downtown-'s economic vitality by encouraging a mix of including theaters,
restaurants and specialty retail through the strategic use of public funds and projects.
10. Encourage the long term relocation of schools and armory to other sites.
150
x` may._,. .,.. 3 W
r' W J "Y+' r'h'
W x Mit B: Downtown Revitalization Plan Vision
ram
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�111
ITEM NUMBER: C-1
DATE: 03/08/05
Exhibit Q Downtown Revitalization Priorities and Policies
2005 Downtown Revitalization Strategy
Downtown Revitalization Priorities and
Policies
Short Term Priorities (within one year)
1. Install street lighting improvements to improve pedestrian safety and security.
2. Adopt a Downtown parking strategy.
3. Support the renaming of Traffic Way to a more inviting and tourist friendly name.
4. Enhance the Sunken Gardens with historic character diagonal walking paths,
lighting, benches and decorative paving.
5. Adopt a natural restoration and protection plan for the Downtown portion of
Atascadero Creek.
6. Support a theater and entertainment complex in the Downtown with the adoption
of a zoning code amendment creating an exclusive Downtown Entrainment Zone.
7. Identify a location for a Downtown public restroom facility.
8. Support findings that "Auto Repair and Services" land uses located within the
Downtown Study Area are "inconsistent with the character of the immediate
Downtown_neighborhood,and contrary to its orderly development."
9. Expand the fagade program to include assistance for historic un-reinforced
masonry buildings.
Medium Term Priorities (within five years)
10. Establish a Downtown maintenance program.
11. Install Downtown parking improvements.
12. Install streetscaping improvements to improve pedestrian safety and provide
traffic calming.
13. Recruit and encourage restaurants and eateries around the Sunken Garden and
Atascadero Creek.
14. Promote the natural restoration and protection of Atascadero Creek while
enhancing public access with pathways and pedestrian bridges.
15. Protect the Colony House and Gardens and incorporate them into the Atascadero
Creek pathways and access program.
152
ITEM NUMBER: C -1
DATE: 03/08/05
16.Adopt_a public art plan for the Downtown area which includes a restoration
program for the Maidens statue.
17. Construct the Lewis Avenue Bridge.
18.Enhance and improve a transit opportunities in the Downtown area.
19. Support a special events center at the historically restored Printery Building.
20. Provide pedestrian trail connections to Stadium Park and the new Youth Center.
21 Encourage reuse and reinvestment of under utilized area surrounding the Carlton
Hotel and along El Camino Real.
22. Support the 101/41 interchange project with an emphasis on creating a Downtown
Gateway.
23. Create an identifiable and unique Downtown area gateways and signage program.
Long Term Priorities (within 10 years)
24. Develop a mixed use/affordable housing project in the Downtown.
25. Restore the historic City Hall.
26. Locate cultural arts facilities and the Library Downtown.
27. Encourage the landscaping and buffering of the armory site.
153
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ITEM NUMBER: C-2
DATE: 03108/05
iaYs � is evev
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Atascadero City Council
Staff Report- City Clerk
Commission Appointments
RECOMMENDATION:
Council receive oral .report regarding the status of the recruitment process of
commissioners, appointment of commissioners by individual Council Members, and
give City Clerk direction.
155
ITEM NUMBER: C -3
DATE: 03/08/05
1 oil r
;on e
Atascadero City Council
Staff Report Police Department
Ordinance Establishing Regulations for
Medical Marijuana Dispensaries
RECOMMENDATIONS:
Council:
1. Adopt an extension of the urgency ordinance extending. a -temporary
moratorium on Medical Marijuana.Dispensaries; or,
2. Adopt the attached ordinance establishing Medical Marijuana Dispensaries as
a conditional .use in Atascadero.
DISCUSSION:
Background: The voters of the State of California approved Proposition 215, codified
as Health and-Safety Code section 11362.5 et seq. and entitled"The Compassionate
Use-Act-of-1996"-(the`'"Compass ionate--Use-Acct")' The-purpose--of-this-Act-was-to-allow
patients suffering from a number of serious 'illnesses an opportunity to find relief
through the use of doctor recommended marijuana.-
Additionally, in January 2004 the State enacted SB 420 to clarify the;scope of the
Compassionate Use Act and allows cities to adopt and enforce rules and regulations
consistent with SB 420. This includes controlling sites where medical marijuana is
dispensed to primary caregivers and patients. Other provisions of SB 420 include:
Recognizes the right of patients and caregivers to associate collectively or
cooperatively to cultivate medical marijuana.
• Requires the State Department of Health, working with county health
departments, to set up a voluntary statewide identification program to protect
qualified patients and their primary caregiver from arrest and prosecution of
certain marijuana related crimes.
Disallows marijuana smoking in no smoking zones, within 1000 feet of a school
or youth center except in.private residences, on school buses, in,a motor vehicle
that is being operated, or while operating a boat.
156
ITEM NUMBER: C -3
DATE:' 03/08105
On 1/25/05 Council adopted an urgency ordinance placing a 45 day temporary
moratorium on the establishment of medical marijuana dispensaries in the City of
Atascadero. The moratorium allowed staff to research and review the options and
impacts of allowing a dispensary somewhere in the City "limits. ` Council identified
several issues of concern during discussion of the temporary moratorium.
What is the difference between a medical marijuana dispensary and a methadone
clinic?
Medical marijuana dispensaries are intended to allow persons to collectively cultivate
and dispense marijuana to persons suffering from an illness or medical condition where
the use of marijuana has been prescribed or recommended by a doctor. State law
regulates allowable uses, identification card programs, and the amount of marijuana
allowed at a clinic but does not control quality or strength of the marijuana. Primary
regulation of dispensaries is left to counties and cities. Methadone clinics dispense
methadone as a narcotic replacement therapy used in treatment of heroin and other
drug dependencies on an outpatient basis. They are strictly regulated by the state.
They also provide medical care and counseling services.
What has the County Health Department done with respect to medical marijuana?
The law requires the state working with county health departments to set up a voluntary
identification program to identify those persons who have been given prescriptions or
recommendations for using medical marijuana. The state has not completed the
identification program. The county health department does not anticipate receiving
direction from the state until later this year. They currently have no system in place for
verifying prescriptions, issuing identification cards or maintaining confidentiality of
persons in a medical marijuana program.
Since Proposition 215 was passed to allow the use of medical marijuana what are the
concerns about establishing dispensaries?
Proposition 215 was passed by voters to allow individuals using marijuana for medical
purposes and persons cultivating marijuana for others to use for medical purposes to
have a defense against prosecution. State law is in conflict with federal law with this
issue. The Federal Controlled Substances Act (21 USC 801 et seq.) prohibits the
possession, cultivation, and dispensing of marijuana, regardless of its purpose. The
United States Supreme Court heard arguments in November 2004 that should decide
whether federal law takes precedence over state law regarding medical marijuana.
The Supreme Court is expected to provide a ruling by mid-June, 2005. Additionally, the
support system for providing identification cards is currently not in place in this county.
What issues have been associated with medical marijuana dispensaries in other cities?
Other cities allowing dispensaries have °shared some common problems related to
criminal acts. Several report problems with the resale of medical marijuana obtained by
a patient from a dispensary to other persons. Some report robberies of marijuana from
patientsas well as from dispensaries. Not having a standard verifiable identification
card was mentioned by .some as a problem. Several jurisdictions mentioned
businesses adjacent to dispensaries affected in a negative manner by the
establishment of a dispensary. Medical marijuana dispensaries have been raided and
157
ITEM NUMBER: C-3
DATE: 03/08/05
shut down by the Drug Enforcement Administration as recently as September 2004.
Not all cities contacted reported significant problems or an increase in criminal activity.
Analysis: There are three possible approaches to this issue: 1, take no action; 2,
extend the temporary moratorium pending the Supreme Court ruling; or, 3, adopt an
ordinance to regulate dispensaries.
Option 1: Take no action
Existing City zoning, health and safety laws do not provide for the location and/or
regulation of medical marijuana 'dispensaries. Since there are no current City laws
specifically dealing with medical marijuana dispensaries, if medical marijuana
dispensaries were allowed to be established without appropriate regulation, such uses
might be established in areas that would conflict with the policies of the General Plan,
be inconsistent with surrounding uses, and/or be detrimental to the public health, safety
and welfare. Taking no action will place the City in the same unprotected situation as
before the temporary moratorium was established. This option is not recommended.
Option 2: Extend the-temporary ordinance placing a moratorium on dispensaries
There is still an on-goinglegal controversy between those states that permit medical
use of marijuana and the federal government, as a result of the federal law which still
prohibits the cultivation, use and/or possession of marijuana for any purpose. 'Neither
the State nor the San Luis Obispo County Health Department has established
programs administering identification cards for persons who have received prescriptions
or recommendations for the use of medical marijuana._ The ruling by the Supreme
Court is expected in mid-June 2005 which will decide whether or not federal law will
take precedence over state law with respect to the medical use of marijuana.
_. _Extending_ the__temporary. moratorium_will_allowadditional time-to.follow_the Supreme
Court case and study the complex issues related to medical marijuana. The attached
extension of the existing Interim Urgency Ordinance requires a 4/5 vote of council and
will extend the urgency ordinance for a period of 10 months and 15 days (Govt. Code
65858). Extending the moratorium on dispensaries will not prohibit individuals from
using medical marijuana in accordance with the provisions of Proposition 215 and SB
420.
Option 3: Adopt a Medical Marijuana Dispensary Ordinance
The City could move to regulate dispensaries by adopting an ordinance establishing
clear zoning requirements and regulations for location, hours of operation, on-site
activities, security requirements, age of persons allowed in the business and other
operational regulations. The attached ordinance amends the Municipal Code by adding
a chapter that regulates the operation of medical marijuana dispensaries and amends
zoning regulations that permit dispensaries as a conditional use. The ordinance
describes the permit and application process, operating requirements, and establishes
conditional use in Commercial Service zones with 1000 foot distance restrictions from
schools, parks and churches.
158
ITEM NUMBER: C =3
DATE: 03/08/05
FISCAL IMPACT:
There is no immediate fiscal impact. Future staff time and administrative costs related
to the establishment of and enforcement related to dispensaries is undetermined.
ALTERNATIVES:
• Adopt the attached Ordinance extending the temporary moratorium on
dispensaries.
• Adopt the attached Ordinance establishing and regulating dispensaries.
• Take no action.
ATTACHMENTS:
Attachment 1: Interim Urgency Ordinance Extension
Attachment 2: Ordinance Establishing Medical Marijuana Dispensaries as a Conditional
Use
159
DRAFT ORDINANCE
EXTENSION TO AN INTERIM URGENCY ORDINANCE OF THE CITY
OF ATASCADER09 CALIFORNIA MAKING FINDINGS AND
ESTABLISHING A TEMPORARY MORATORIUM ON THE
ESTABLISHMENT AND OPERATION OF
MEDICAL MARIJUANA DISPENSARIES
THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES ORDAIN AS FOLLOWS:
Section 1. Findings
A. In 1996, the voters of the State of California approved Proposition 215, which was
codified as Health and Safety Code Section l 1362.5,et seq. and entitled the Compassionate Use
Act of 1996("the Act"),
B. The intent of Proposition 215 was to enable persons who are in need of medical
marijuana for medical purposes to obtain and use it under limited, specified circumstances.
C. On January 1, 2004, SB 420 went into effect. SB 420 was enacted by the
Legislature to clarify the scope of the Act and to allow cities and counties to adopt and enforce
rules and regulations consistent with SB 420 and the Act.
D. Neither the Atascadero Municipal Code nor the Atascadero Zoning Ordinance
address or regulate in any manner the existence or location of medical marijuana dispensaries.
E. After receiving inquiries from persons interested in establishing medical
marijuana dispensaries, three other cities in the greater San Luis Obispo county area have
adopted ordinances prohibiting or heavily regulating such dispensaries. Because other cities in
the region are considering enacting similar ordinances, there is a substantially increased
likelihood that such establishments will seek to locate in the City of Atascadero.
F. Other California cities that have permitted the establishment of medical marijuana
dispensaries have witnessed an increase in crime, such as burglaries, robberies, and sales of
illegal drugs in the areas immediately surrounding such dispensaries.
G. To address both community and statewide concerns regarding the establishment
of medical marijuana dispensaries, it is necessary for the City of Atascadero to study the potential
impacts such facilities may have on the public health, safety, and welfare.
H. If medical marijuana dispensaries were allowed to be established in the City
without appropriate regulation, such uses might be established in areas that would conflict with
the requirements of the General Plan, be inconsistent with surrounding uses,or be detrimental to
the public health, safety and welfare; and if such uses were allowed to proceed as allowed under
the current zoning, such uses could conflict with, and defeat the purpose of, the proposal to study
and adopt new regulations regarding medical marijuana dispensaries.
1
160
L Based on the foregoing, the City Council finds that issuing permits, business
licenses, or other applicable entitlements providing for the establishment and/or operation of
medical marijuana dispensaries, prior to the completion of the City's study of the potential
impact of such facilities,,poses a current and immediate threat to the public health, safety, and
welfare, and that a temporary moratorium on the issuance of such permits, licenses, and
entitlements is thus necessary.
L The Police Chief, in conjunction with the City Manager and City Attorney, shall
immediately commence to take steps to conduct a study of the potential impacts of medical
marijuana dispensaries on the public health, safety,and welfare and of possible amendments to
the City's Zoning Ordinance.
Section 2. Imposition of Moratorium
A. In accordance with the authority granted the City of Atascadero under
Government Code Section 65858, from and after the date of this ordinance, no use permit,
variance, building permit, business license or other applicable entitlement for use shall be
approved or issued for the establishment or operation of a medical marijuana dispensary for a
period of ten months and fifteen(15) days.
B. For purposes of this ordinance, "medical marijuana dispensary" shall mean any
facility or location where a primary caregiver intends to or does make available, sell, transmit,
give, or otherwise provide medical marijuana to two or more of the following: a qualified patient,
a person with an.identification card, or a primary caregiver. For purposes of this ordinance, the
terms "primary caregiver," ..qualified patient," and "person with an identification card" shall
have the same meaning as that set forth in Health and Safety Code Section 11362.5, et seq.
C. For purposes of this ordinance, a medical marijuana dispensary shall not include
the following uses, as long as the location of such uses is otherwise regulated by applicable law
and as long as such use complies strictly with applicable law, including, but not limited to,
Health and Safety Code Section 11362.5, et seq.: (1) a clinic, licensed pursuant to Chapter 1 of
Division 2 of the Health and Safety Code; (2) a health care facility,licensed pursuant to Chapter
2 of Division 2 of the Health and Safety Code; (3) a residential care facility for persons with
chronic life-threatening illness,licensed pursuant to Chapter 3.01 of Division 2 of the Health and
Safety"Code; (4) a residential care facility for the elderly, licensed pursuant to Chapter 3.2 of
Division 2 of the Health and Safety Code; or (5) a residential hospice or home health agency,
licensed pursuant to Chapter 8 of the Health and Safety Code.
D. This ordinance is an interim urgency ordinance adopted pursuant to the authority
granted to the City of Atascadero by Government Code Section 65858 and is for the immediate
preservation of the public health, safety, and welfare. The City Council of the City of Atascadero
hereby finds and declares that there is a need to enact an urgency interim ordinance establishing a
moratorium on all new medical marijuana dispensaries, based upon the following findings:
(1) California cities that have permitted the establishment of medical marijuana
dispensaries have found that such dispensaries have resulted in negative and harmful secondary
effects, such as an increase in crime, including robberies, burglaries,and sales of illegal drugs in
the areas immediately surrounding medical marijuana dispensaries. This potential for increased
2
161
risk of crime and violence resents a clear and immediate danger to the public health safe and
pp t3'
welfare of the residents of the City of Atascadero; and
(2) After receiving inquiries from persons interested in establishing medical
marijuana dispensaries, three other cities in the greater San Luis Obispo County area have
adopted ordinances prohibiting or heavily regulating such dispensaries. Because other cities of
the region are considering enacting similar ordinances, there is a substantially increased
likelihood that such establishments will seek to locate in the City of Atascadero; and
(3) The City of Atascadero does not currently have standards in its Municipal
Code relating to the location; operation, and concentration of medical marijuana dispensaries
within the City; and
(4) If medical marijuana dispensaries were allowed to be established without
appropriate review of location and operational criteria and standards, such uses might be
established in areas that would conflict with the requirements of the General Plan,be inconsistent
with surrounding uses, or could have potential adverse secondary effects on neighborhoods in the
City and be detrimental to the public health, safety and welfare;
(5) The failure to adopt this ten month and fifteen-day moratorium,therefore, may
result in significant irreversible change in the character of the community and the neighborhood
surrounding any marijuana dispensary that would be allowed to open under the City's current
policy; and
(6) Permitting a marijuana dispensary to open while the City is studying and
considering zoning proposals to regulate and/or prohibit this use would defeat the purpose of
studying these impacts in the first place; and
(7) As a result of the negative and harmful secondary effects associated with
medical marijuana dispensaries and the current and immediate threat such secondary effects pose
to the public health, safety, and welfare, it is necessary to extend a temporary, ten month and
fifteen (15) day moratorium on the estabhshment and operation of new in marihuana
dispensaries in the City, pending completion of the City's study of the potential impacts of
medical marijuana dispensaries and possible amendments to the City's Zoning Ordinance.
Section 3. Compliance with California Environmental Quality Act
The City Council finds that this ordinance is not subject to the California Environmental
Quality Act (CEQA)pursuant to Sections 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity
is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to
the environment, directly or indirectly; it prevents changes in the environment pending the
completion of the contemplated Zoning Ordinance review.
Section 4. Severability
If any provision of this ordinance or the application thereof to any person or circumstance
is held invalid, such invalidity shall not affect other provisions or applications of the ordinance
3
162
which can be given effect without the invalid provision or application, and to this end the
provisions of this ordinance are severable. The City Council hereby declares that it would have
adopted this ordinance irrespective of the invalidity of any particular portion thereof.
Section 5. Effective Date
This ordinance shall become effective immediately upon adoption if adopted by at a least
four-fifths vote of the City Council and shall be in effect for ten months and fifteen (15) days
from the date of adoption unless extended by the City Council as provided for in the Government
Code.
INTRODUCED at a regular meeting of the City Council held on March 8, 2005, and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on March 8,
2005,by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
Marcia McClure Torgerson, C.M.C., City Clerk Wendy Scalise,Mayor
APPROVED AS TO FORM:
Patrick L. Enright, City Attorney
4
163
DRAFT ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AMENDING THE ATASCADERO
MUNICIPAL CODE BY ADDING CHAPTER 12 of TITLE 5, AND
ADDING CHAPTER 27 OF TITLE 9, AND AMENDING CHAPTER 3 OF
TITLE 9
The City Council hereby finds and declares as follows:
TITLE 5 CHAPTER 12; TITLE 9 CHAPTER 3; TITLE 9 CHAPTER 17
MEDICAL MARIJUANA DISPENSARIES
A. WHEREAS, The voters of the State of California approved proposition 215
(codified as Health and Safety Code Section 11362.5 et seq. and entitled "The
Compassionate Use Act of 1996"); and,
B. WHEREAS, The intent of Proposition 215 was to enable persons who are in need of
marijuana for medical purposes to be able to obtain and use it without.fear of criminal
prosecution under limited, specified circumstances; and,
C. WHEREAS, The State enacted SB 420 in 2004 to clarify the -scope of the
Compassionate Use Act of 1996 and to allow cities and other governing bodies to
adopt and enforce rules and regulations consistent with SB 420; and,
D. WHEREAS, To protect the public health, safety, and welfare, it is the desire of the
City Council,to modify the municipal code_consistent with SB 420, regarding the
location and operation of Medical Marijuana Dispensaries; and,
E. WHEREAS, It is the City Council's intention that nothing in this ordinance shall be
deemed to conflict with federal law as contained in the Controlled Substances Act, 21
U.S.C. Section 841, not to otherwise permit any activity that is prohibited under that
Act; and,
F. WHEREAS, It is the City Council's intention that nothing in this ordinance shall be
construed to (1) allow persons to engage in conduct that endangers others or causes a
public nuisance, (2) allow the use of marijuana for non-medical purposes, or(3) allow
any activity relating to the cultivation, distribution, or consumption of marijuana that
is otherwise illegal; and,
G. WHEREAS, Pursuant to California Health and Safety Code Section 11362.71 et
seq., the State Department of Health shall be responsible for establishing and
maintaining a voluntary identification card program; and,
164
H. WHEREAS, California Health and Safety Code Section 11362.71(b) requires every
Y
county health department, or its designee, to implement a procedure to accept and
process applications from those seeking to join the identification program in the
matter set forth in Section 11362.71 et seq; and,
L WHEREAS, This ordinance is hereby found to be categorically exempt from
environmental review pursuant to CEQA Guidelines Section 15061(b)(3);
NOW, THEREFORE, F THE CITY OF ATASCADERO
RE •RE, TI1E CITY COUNCIL •
HEREBY ORDAINS AS FOLLOWS:
t
SECTION 1. Chapter 12 of Title 5 of the Atascadero Municipal Code is added o read as
follows:
5-12.101: Purpose and Intent.
It is the purpose and intent of this ordinance to regulate Medical Marijuana Dispensaries in order
to promote the health, safety, morals, and general welfare of the residents and businesses within
the City. It is neither the intent nor effect of this ordinance to condone or legitimize the use of
marijuana.
5-12.102: Definitions.
For the purpose of this chapter, the words and phrases shall have the same meanings respectively
ascribed to them by this section:
A. "Applicant" means a person who is required to file an application for a permit under this
chapter, including an individual owner, managing partner, officer of a corporation, or an other
P g g g P rP Y
operator,manager, employee, or agent of a Medical Marijuana Dispensary.
B. "Church" means a structure or leased portion of a structure which is used primarily for
religious worship and related religious activities.
C. "City"means the City of Atascadero.
D. "Drug paraphernalia" shall have the same definition as California Health and Safety Code
Section 11362.5, and as may be amended.
E. "Identification card" shall have the same definition as California Health and Safety Code
Section 11362.5 et seq.,and as may be amended.
F. "Medical Marijuana Dispensary" or "Dispensary" means any facility or location where
medical marijuana is made available to and/or distributed by or to two or more of the following:
a primary caregiver, a qualified patient, or a person with an identification card, in strict
accordance with California Health and Safety Code Section 11362.5 et seq. A "medical
marijuana dispensary" shall not include the following uses, as long as the location of such uses
are otherwise regulated by this Code or applicable law: a clinic licensed pursuant to Chapter 1 of
Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of
Division 2 of the Health and Safety Code,a residential care facility for persons with chronic life-
threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety
Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of
the Health and Safety Code, a residential hospice, or a home health agency licensed pursuant to 0
165
Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly
with applicable law including, but not limited to, Health and Safety Code Section 11362.5 et seq.
G. "Permittee"means the person to whom a Medical Marijuana Dispensary permit is issued.
H. "Person means any individual,partnership, co-partnership, firm, association,joint stock
company, corporation, limited liability company or combination of the above in whatever form
or character.
L "Person with an identification card" shall have the same definition as California Health
and Safety Code Section 11362.5 et seq., and as may be amended.
J. "Police Chief' means the Police Chief of the City of Atascadero or the authorized
representatives thereof.
K. "Primary caregiver" shall have the same definition as California Health and Safety Y Code
Section 11362.5 et seq., and as may be amended.
L. "Qualified patient" shall have the same definition as California Health and Safety Code
Section 11362.5 et seq., and as may be amended.
M. "School" means an institution of learning for minors, whether public or private, offering
a regular course of instruction required by the California Education Code, or any child or day
care facility. This definition includes a nursery school, kindergarten, elementary school, middle
or junior high
school senior high school, or any special institution of education.
5-12.103: Permit required.
A. It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be
engaged in, conducted or carried on, in or upon any premises in the City of Atascadero the
operation of a Medical Marijuana Dispensary unless the person first obtains and continues to
0 maintain in full force and effect a Medical Marijuana Dispensary permit from the City of
Atascadero as herein required. A Medical Marijuana Dispensary shall also be required to apply
for and maintain a general City business license as a prerequisite to obtaining a permit pursuant
to the terms hereof.
B. Only one Medical Marijuana Dispensary permit may exist at one time.
C. Medical Marijuana Dispensary shall be located exclusively in the Commercial Service
zoning district subject to the approval of a conditional use permit.
D. Medical Marijuana Dispensary shall not be located on a parcel that is within 1000 feet of
a property containing a school,park,or church.
5-12.104: Applications.
All applications for permits shall be filed with the City in accordance with conditions provided in
Title 9, Chapter 2 of the Atascadero Municipal Code.
A. In addition to permit requirements established in Atascadero Municipal Code Section 9-2,
any application for a permit shall include the following information:
1. The full name, present address,and telephone number of the applicant;
2. The address to which notice of action on the application is to be mailed;
166
3. Previous addresses for the past five years immediately prior to the present address
of the applicant;
4. Written proof that the applicant is over the age of eighteen(18) years of age;
5. Applicant's height,weight,color of eyes and hair;
6. Photograph of the applicant for identification purposes.
7. All business, occupation, or employment of the applicant for the five years
immediately preceding the date of the application;
8. The Medical Marijuana Dispensary business license history of the applicant,
including whether such person, in previously operating in this or another city, county or state
under license has had such license revoked or suspended, the reason therefore, and the business
or activity or occupation subsequent to such action of suspension or revocation;
9. The name or names of the person or persons having the management or
supervision of applicant's business;
10. Whether the person or persons having the management or supervision of
applicant's business have been convicted of a crime(s), the nature of such offense(s), and the
sentence(s) received therefore;
11. The names of all employees, independent contractors, and other persons who will
work at the Medical Marijuana Dispensary;
12. The proposed security arrangements for insuring the safety of persons and to
protect the premises from theft;
13. A sketch or diagram showing the interior configuration of the premises, including
a statement of the total floor area occupied by the Medical Marijuana Dispensary. The sketch or
diagram need not be professionally prepared, but must be drawn to a designated scale or drawn
with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6)
inches;
14. An accurate straight-line drawing prepared within thirty (30) days prior to
application depicting the building and the portion thereof to be occupied by the Medical
Marijuana Dispensary, and the property lines of any church,school, park, or residential zone or
use within five hundred_(500)feet of the primary entrance of the Medical Marijuana Dispensary;
15. Such other identification and information as deemed necessary by the City;
16. Authorization for the City, its agents and employeesto seek verification of the
information contained within the application;
17. A statement in writing by the applicant that he or she certifies under penalty of
perjury that all the information contained in the application is true and correct.
B. If the applicant has completed the application improperly, or if the application is
incomplete, the City shall, within ten (10) days of receipt of the original application, notify the
applicant of such fact and, on request of the applicant, grant the applicant an extension of time of
ten (10) days or more to submit a complete application.
C. The fact that an applicant possesses other types of state or City permits or licenses does
not exempt the applicant from the requirement of obtaining a Medical Marijuana Dispensary
permit.
5-12.104: Fees
The City may impose such reasonable fees on both the application for, and the issuance of a
permit for, a dispensary to recoup the City's cost in administering and implementing the
167
provisions relating thereto, including background investigations, fingerprinting, criminal history
checks or other reasonable procedures.
5-12.105: Investigation and action on application.
After the making and filing of said application for the Medical Marijuana Dispensary permit and
the payment of the fees, the Police Chief shall conduct a background check of the applicant and
all employees and conduct an investigation of the application. After the background checks and
investigation are complete, the Police Chief shall provide a written report of findings to the City.
5-12.106: Grounds for denial of permit.
The grounds for denial of a permit shall be one or more of the following:
A. The business or conduct of the business at a particular location is prohibited by any local
or state law, statute, rule or regulation.
B. The applicant has violated any local or state law, statute, rule or regulation respecting the
medical marijuana business.
C. The applicant has knowingly made a false statement of material fact or has knowingly
omitted to state a material fact in the application for a permit.
D. The applicant, his or her agent or employees, or any person who is exercising managerial
authority on behalf of the applicant has been convicted of a felony, or of a misdemeanor
involving moral turpitude, or has engaged in misconduct related to the qualifications,
functions or duties of a permittee. A conviction within the meaning of this section means
a pleas or verdict of guilty or a conviction following a plea of nolo contendere.
E. The applicant has engaged in unlawful, fraudulent, unfair, or deceptive business acts or
practices.
F. Commission of any act, which, if done by a permittee, would be grounds for suspension
or revocation of a permit.
G. An applicant is under eighteen (18) years of age._ _
H. The Medical Marijuana Dispensary does not comply with the zoning ordinance location
standards, Section 9-3.223 of the Atascadero Municipal Code.
I. The required application or renewal fees have not been paid.
J. The proposed use is located on a parcel that is within 1000 feet of a property containing a
school, church or park.
5-12.107: Registration of new employees.
A. As a further condition of approval of every Medical Marijuana Dispensary permit issued
pursuant to this chapter, every owner or operator shall register every employee with the police
department within five (5) business days of the commencement of the employee's period of
employment at the Medical Marijuana Dispensary.
B. Each employee shall be required to provide a recent color passport-quality photograph
and, at the discretion of the Police Chief, shall allow himself or herself to be fingerprinted by the
police department for purposes of identification. In addition, each new employee shall provide
the following information on a form provided by the police department:
1. Name, current resident address, and telephone number.
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2. Date of birth.
3. Height, weight, color of eyes, and hair.
C. The information provided for purposes of this section shall be maintained by the police
department as confidential information, and shall not be disclosed as public records unless
pursuant to subpoena issued by a court of competent jurisdiction.
D. Each owner or operator of a Medical Marijuana Dispensary shall maintain a current
register of the names of all employees currently employed by the Medical Marijuana Dispensary,
and shall disclose such registration for inspection by any police officer for purposes of
'determining compliance with the requirements of this section.
E. Failure to register each new employee within five (5) days of the commencement of
employment or to maintain a current register of the names of all employees shall be deemed a
violation of the conditions of the permit and may be considered grounds for suspension or
revocation of the permit.
5-12.110: Appeal
Appeals to the application process may be made in accordance to Section 9-1.111 of the
Atascadero Municipal Code.
5-12.111: Suspension and revocation—Notice.
A. Any permit issued under the terms of this chapter may be suspended or revoked by the
City when it shall appears that the permittee has committed any one or more of the acts or
omissions constituting the grounds for suspension or revocation under this chapter.
B. No permit shall be revoked or suspended by virtue of this section until a hearing shall
have been held by the City. Written notice of the time and place of such hearing shall be served
upon the person to whom the permit was granted at least five (5) days prior to the date set for
such hearing. Such notice shall contain a brief statement of the grounds to be relied upon for
revoking or suspending such permit. Notice maybe given either by..personal. delivery to-the
person to be notified, or by depositing it in the U.S. mail in a sealed envelope, postage prepaid,
addressed to the person to be notified at his address as it appears in his application for a permit.
5-12.112: Suspension and revocation—Grounds.
It shall be a ground for suspension or revocation of a permit if any permittee or person, his or her
agent, or employee:
A. Does any act which violates any of the grounds set forth in Section 5-2.106,
which sets forth the grounds for denial of a permit for the Medical Marijuana
Dispensary; or
B. Violates any other provision of this chapter or any local or state law, statute, rule
or regulation relating to his or her permitted activity; or
C. Engages in or permits misconduct substantially related to the qualifications,
functions or duties of the permittee; or
D. Conducts thepermittedbusiness in a manner contrary to the peace, health, or
safety of the public, or
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E. Fails to take reasonable measures to control the establishment'spatrons' conduct
resulting in disturbances, vandalism, or crowd control problems occurring inside
of or outside the remises traffic control problems, or creation of a public or
premises, P p �
private nuisance, or obstruction of the business operation of another business; or
F. Violates or fails to comply with the terms and conditions of the permit.
5-12.113: Suspension or revocation without hearing.
If any person holding a permit or acting under the authority of such permit under this article is
convicted of apublic offense in any court for the violation of any law which relates to his or her
permit, the City may revoke said permit forthwith without any further action thereof, other than
giving notice of revocation to the permittee.
5-12.114: Operating requirements.
A. A Medical Marijuana Dispensary shall be open for business only between the hours of
seven (8) a.m. and six (6)p.m. on any particular day.
B. A Medical Marijuana Dispensary shall maintain a current register of the names of all
employees currently employed by the Dispensary.
C. A Medical Marijuana Dispensary shall maintain records of all patients and primary
caregivers using only the identification card number issued by the county, or its agent, pursuant
to California Health and Safety Code Section 11362.71 et seq., as a protection of the
confidentiality of the cardholders, or a copy of the written recommendation from a physician
stating the need for medical marijuana.
D. The building entrance to a Medical Marijuana Dispensary shall be clearly and legibly
posted with a notice indicating that person under the age of eighteen (18) are precluded from
entering the premises unless they are a qualified patient or a primary caregiver and they are in
the presence.of their parent or guardian.
E. A Medical Marijuana Dispensary_may possess_no more than eight (8) ounces of dried
marijuana per qualified patient or primary caregiver, and maintain no more than six (6)mature or
twelve (12) immature marijuana plants per qualified patient or primary caregiver. However, if a
qualified patient or primary caregiver has a doctor's recommendation that this quantity does not
meet the qualified patient's medical needs, the Dispensary may possess an amount of marijuana
consistent with the patient's needs.
F. No marijuana shall be smoked, ingested or otherwise consumed on the premises of the
Dispensary. The term "premises" includes the actual building, as well as any accessory
structures, parking areas, or other immediate surroundings. The building entrance to a Medical
Marijuana Dispensary shall be clearly and legibly posted with a notice indicating that smoking,
ingesting or consuming marijuana on the premises or in the vicinity of the Dispensary is
prohibited.
G. No marijuana shall be grown or cultivated on the premises of the Dispensary.
H. No Medical Marijuana Dispensary shall hold or maintain a license from the State
Department of Alcohol Beverage Control to sell alcoholic beverages, or operate a business that
sells alcoholic beverages. In addition, alcohol shall not be provided, stored, kept, located, sold,
dispensed, or used on the premises of the Dispensary.
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I. No Medical Marijuana Dispensary shall conduct or engage in the commercial sale of any
product, good or service. The term "commercial sale" does not include the provision of medical
marijuana on terms and conditions consistent with this chapter and applicable law.
J. No Medical Marijuana Dispensary shall sell or display any drug paraphernalia or any
implement that may be used to administer medical marijuana.
K. A Medical Marijuana Dispensary shall provide adequate security on the premises,
including a secure safe for storage of marijuana, lighting, video monitoring and alarms, to insure
the safety of persons and to protect the premises from theft.
L. _A Medical Marijuana Dispensary shall provide the City with the name, phone number
and facsimile number of an on-site community relations staff person to whom one can provide
notice if there are operating problems associated with the Dispensary. The Dispensary shall
make every good faith effort to encourage residents to call this person to try to solve operating
problems,if any,before any calls or complaints are made to the police or planning departments.
M. A Medical Marijuana Dispensary shall provide adequate litter removal each day of
operation on and in front of the premises.
N. A Medical Marijuana Dispensary shall not cultivate, distribute or sell medical marijuana
for a profit.
O. A Medical Marijuana Dispensary shall meet all the operating criteria for the dispensing
of medical marijuana as is required pursuant to California Health and Safety Code Section
11362.5. et seq.
P. A Medical Marijuana Dispensary shall not dispense medical marijuana to persons not
displaying an official identification card issued by the San Luis Obispo County Health
Department.
Q. An applicant or permittee shall permit representatives of the Police Department, Fire
Department, and Health Department, Planning Department or other City departments or agencies
to inspect the premises for the purpose of insuring compliance with the law at any time it is
occupied or opened for business. A person who operates a Medical Marijuana Dispensary or his
or her agent or employee is in violation of the provisions of this section if he/she refuses to
permit such lawful inspection of the premises at any time it is occupied or open for_business.
5-12.115: Minors.
A. It shall be unlawful for any permittee, operator, or other person in charge of any Medical
Marijuana Dispensary to employ any person who isnot at least eighteen(18) years of age.
B. Persons under the age of eighteen (18) shall not be allowed on the premises of a Medical
Marijuana Dispensary unless they are a qualified patient or they are in the presence of their
parent or guardian.
5-12.116: Display of permit.
Every Medical Marijuana Dispensary shall display at all times during business hours the permit
issued pursuant to the provisions of this chapter for such Medical Marijuana Dispensary in a
conspicuous place so that the same may be readily seen by all persons entering the Medical
Marijuana Dispensary.
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5-12.117: Transfer of permits.
A. Aermittee shall not
p operate a Medical Marijuana Dispensary under the authority of a
Medical Marijuana Dispensary;permit at any place other than the address of the Medical
Marijuana Dispensary stated in the application for the permit.
B. A permittee shall not transfer ownership or control of a Medical Marijuana Dispensary or
transfer a Medical Marijuana Dispensary permit to another person unless and until the transferee
obtains an amendment to the permit from the City stating that the transferee is now the permittee.
Such an amendment may be obtained only if the transferee files an application with the City in
accordance with Section 5-12.104 and accompanies the application with a transfer fee in an
amount set by resolution of the City Council, and the City determines in accordance with Section
5-12.104 and Title 9 Chapter 2 that the transferee would be entitled to the issuance of an original
permit.
C. No permit may be transferred when the City has notified the permittee that the permit has
been or may be suspended or revoked.
D. Any attempt to transfer a permit either directly or indirectly in violation of this section is
hereby declared void, and the permit shall be deemed revoked.
5-12.118: Separate offense for each day.
Any person that violates any provision of this chapter shall be guilty of a separate offense for
each and every day during any portion of which any such person commits, continues, permits, or
causes a violation thereof,and shall be penalized accordingly.
5-12.119: Public nuisance.
Any use or condition caused or permitted to exist in violation of any of the provisions of this
chapter shall be and is hereby declared a public nuisance and may be summarily abated by the
City pursuant to;Title 9 Chapter 8 of the_Atascadero Municipal_Code.
5-12.120: Criminal penalties.
Any person who violates, causes, or permits another person to violate any provision of this
chapter commits a misdemeanor.
5-12.121: Civil Injunction.
The violation of any provision of this chapter shall be and is hereby declared to be contrary to the
public interest and shall, at the discretion of City, create a cause of action for injunctive relief.
5-12.122: Administrative Remedies.
In addition to the civil remedies and criminal penalties set forth above, any person that violates
the provisions of this chapter may be subject to administrative remedies as set forth by City
ordinance.
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5-12.123:
Severability.
The provisions of this chapter are hereby declared to be severable. If any provision, clause,
word, sentence, or paragraph of this chapter or the application thereof to any person,
establishment, or circumstances shall be held invalid, such invalidity shall not affect the other
provisions of this chapter.
5-12.124: Time limit for filing applications for permit.
All persons who possess an outstanding business license heretofore issued for the operation of a
Medical Marijuana Dispensary must apply for and obtain a Medical Marijuana Dispensary
permit within ninety (90) days of the effective date of the ordinance codified in this chapter.
Continued operation of a Medical Marijuana Dispensary without a permit more than ninety (90)
days after the effective date of this ordinance shall constitute a violation of this chapter.
SECTION 2. Section 223 of Chapter 3 of Title 9 of the Atascadero Municipal Code is hereby
amended to read as follows:
9-3.223: Conditional Uses. Amend Conditional Uses to include:
(p) Medical Marijuana Dispensary
SECTION 3. Chapter 17 of Title 9 of the Atascadero Municipal Code is hereby added to read
as follows:
9-17.001: Purpose
It is the purpose and intent of this ordinance to regulate Medical Marijuana Dispensaries in order
to promote the health, safety, morals, and general welfare of the residents and businesses within
the City. _It is neither the intent nor effect of this ordinance to condone or legitimize the use of
marijuana.
9-17.002: Definitions
For the purpose of this chapter, the words and phrases shall have the same meanings respectively
ascribed to them by this section:
A. "Applicant" means a person who is required to file an application for a permit under this
chapter, including an individual owner,managing partner, officer of a corporation, or any other
operator, manager, employee, or agent of a Medical Marijuana Dispensary.
B. "Church" means a structure or leased portion of a structure which is used primarily for
religious worship and related religious activities.
C. "City"means the City of Atascadero.
D. "Drug paraphernalia" shall have the same definition as California Health and Safety Code
Section 11362.5, and as may be amended.
E. "Identification card" shall have the same definition as California Health and Safety Code
Section 11362.5 et seq., and as may be amended.
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F. "Medical Marijuana Dispensary" or "Dispensary means any facility or location where
medical marijuana is made available to and/or distributed by or to two or more of the following:
a primary caregiver, a qualified patient, or a person with an identification card, in strict
accordance with California Health and Safety Code Section 11362.5 et seq. A "medical
marijuana dispensary shall not include the following uses, as long as the location of such uses
are otherwise regulated by this Code or applicable law: a clinic licensed pursuant to Chapter 1 of
Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of
Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life-
threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety
Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2
of
the Health a th and Safety Code, a residential hospice, or a home health agency licensed pursuant to
Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly
with applicable law including,but not limited to,Health and Safety Code Section 11362.5 et seq.
G. "Permittee" means the person to whom a Medical Marijuana Dispensary permit is issued.
H. "Person" means any individual, partnership, co-partnership, firm, association,joint stock
company, corporation,limited liability company or combination of the above in whatever form
or character.
I. "Person with an identification card" shall have the same definition as California Health
and Safety Code Section 11362.5 et seq., and as may be amended.
J. "Police Chief' means the Police Chief of the City of Atascadero or the authorized
representatives thereof.
K. "Primary caregiver" shall have the same definition as California Health and Safety Code
Section 11362.5 et seq., and as maybe amended.
L. "Qualified patient" shall have the same definition as California Health and Safety Code
Section 11362.5 et seq., and as may be amended.
M. "School means an institution of learning for minors, whether public or private, offering
a regular course of instruction required by the California Education Code, or any child or day
care facility. This definition includes a nursery school, kindergarten, elementary school, middle
or junior high school, senior high school, or any special institution of education._
9-_17.003: Location Requirements
A. Except as specified in (B) below, no Medical Marijuana Dispensary shall be established
or located in any zone in the City.
B. A Medical Marijuana Dispensary is restricted to the CS (Commercial Services) zone,
provided the subject site is one thousand (1000) feet from the property line of a school, church,
or park.
SECTION 4. A summary of this ordinance, approved by.the City Attorney, together with the
ayes and noes, shall be published twice: at least five days prior to its final passage in the
Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before
the expiration of fifteen (15) days after its final passage in the Atascadero News, a newspaper
published and circulated in the City of Atascadero. A copy of the full text of this ordinance shall
be on file in the City Clerk's Office on and after the date following introduction and passage and
shall be available to any interested member of the public.
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INTRODUCED at a regular meeting of the City Council held on , and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on
by the following roll call vote:
AYES
NOES
ABSTAIN:
ABSENT:
ATTEST: CITY OF ATASCADERO
Marcia McClure Torgerson, C.M.C., City Clerk Wendy Scalise,Mayor
APPROVED AS TO FORM:
Patrick L. Enright, City Attorney
17 I,
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