HomeMy WebLinkAboutAgenda Packet 09/24/1996 �► Egg& REVIEW COPY
ATASCADERO CITY COUNCIL tC
REGULAR`'MEETING
SEPTEMBER 24, 1996
CITY ADMINISTRATION BUILDING
6500 PALMA AVENUE, 4T" FLOOR ROTUNDA ROOM
7:00 P.M.
George Ray George Harold David
Luna Johnson Wighiand Garden Bewley
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This agenda is prepared and:posted pursuant to the requirements of Government
code Section 54954.2. By listing a topic on this agenda, the City Council has expressed its
intent to discuss and act on each item. In addition to any action identified in the brief general
description of each item, the action that may be taken shall include: A refe ral to staff with
specific requests for information;continuance,specific direction to staff cone ruing the policy
or mission of the iters; discontinuance of consideration; authorization to enter into
negotiations and execute agreements pertaining to the item; adoption or approval, and,
disapproval.
Copies of the staff reports or other documentation relating to each item of business
referred to on the agenda are on file in the office of the City Clerk (Room!208)`and in the
Information Office (Room 103), available for public inspection during City Hal business hours.
The City Clerk will answer,any questions regarding the agenda. i
In compliance with the Americans with Disabilities Act, if you need Pedal assistance
to participate in a City meeting or other services offered by this City, pleasei contact the City
Manager's Office, (805) 461-5010, or the City Clerk's Office, (805) 461-5074. Notification
at least 48 hours prior to the meeting or time when services are needed71 assist the City
staff in assuring that reasonable arrangements can be made to provide a cessibility to,the
meeting or service.
6.30 P.M. - CLOSED SESSION:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION`
1. Name of Case: Thompson etc., et of v. City of Atascadero
2.' Name of Case: Atascadero, et al v. Merrill Lynch`
CONFERENCE WITH LABOR NEGOTIATOR:
Agency Negotiator: City Manager
Employee Organizations: Management; Mid-Management/Professional; Fire Captains;
Firefighters-, Atascadero Sergeants Service Orgn.; Atascadero Police Officers Assoc.;
Atascadero Public Safety Technicians Orgn. Service Employees Intl. Union; Confidential
Employees; City Attorney
7:00 P.M. - REGULAR S SSION: (Please see Rules of Public Particl ai ion, back panel
CALL TO ORDER E
PLEDGE OF ALLEGIANCE
ROLL CALL
COMMUNITY FORUM
COUNCIL COMMENTS
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A. CONSENT CALENDAR: All matters listed under Item A, Consent Calendar, are
considered to be routine and will be enacted by one motion in the form listed below.
There will be no separate discussion on these items. A member of the Council or
.public may, by request, have any item removed from the Consent Calendar, which
shall then be reviewed and'acted upon separately after the adoption of the Consent
Calendar.-
ACCEPTANCE
alendar.ACCEPTANCE OF FINAL TRACT MAP 96001, 4700 TRAFFIC WAY - Consideration
of map and accompanying Reimbursement Agreement for the subdivision of the site
into nineteen 0 9) residential lots ranging in size from 4,183 to 10,694 sq. ft.
(Gearhart/Cannon Associates)
(Staff recommendation: Accept map/Approve Reimbursement Agreement)
2. APPROVAL OF APPLICATION FOR CARD PARLOR PER CITY CODE 3-5.403
(Staff recommendation: Approve)
B. PUBLIC HEARINGS:
1. APPEAL OF PLANNING COMMISSION CONDITIONS FOR TENTATIVETRACT MAP
96009 &'ZONE CHANGE 96009, 10780 EL CAMINO REAL - Subject application is
to subdivide a 3.61 acre parcel into 24 lots for single-family residential development
using a planned development overlay
(Planning CommissioniStaff recommendation Deny appeal)
A. ORDINANCE NO. 312 - Amending Map 23 of the official zoning maps,
rezoning certain real property at 10780 El Camino Real from RMF/16 to
RMF/16 (PD7) (ZC 96009: Shannon/Shores/Shoiders)
(Staff recommendation: Waive reading in full and introduce on first
reading by title only)
2. CITIZENS' OPTIONS FOR PUBLIC SAFETY (COPS) PROGRAM - Public hearing in
accordance with A83229 and consider establishment of a Supplemental Law
Enforcement Services`Fund account with the Police Services Budget
(Staff recommendation: Approve establishment of SLESF account)
3. GENERAL PLAN AMENDMENT 96003/ZONE CHANGE 96005, 2600 EL CAMINO
REAL - Consideration of concurrent amendments to the City's General Plan and
Zoning Ordinance maps to change the land use designation of the site from
"Industrial Park" to "Commercial Park" and the zoning district from, "Industrial Park
(IP)" to "Commercial Park (CPK) (Johns/Churchill)
A. Resolution No. 78-96 - Amending the Industrial Park land use description and
the land use map designation from Industrial Park to Commercial Park at
2600 EI Camino Real
(Planning Commission recommendation: Adopt)
B. Ordinance No. 313 - Amending the Zoning Ordinance Text by the addition of
a (CPK) zoning district and amending Map 11' of the official zoning maps by
rezoning certain real property located at 2600 El Camino Real from (IP)
Industrial Park to (CPK) Commercial Park (ZC 96005; Johns/Churchill)
(Planning Commission recommendation: Motion to waive reading infull and
introduce on first reading, by title only)
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C. REGULAR BUSINESS:
1. RESOLUTION NO. 84-96 - Expressing support for the formation f a service`
authorityfor freeway.emergencies (SAFE)
(S.L.0. Council of Governments recommendation: Adopt)
2. ORDINANCE NO. 309 - Amending the official city zoning map by rezoning certain
real property at 2005-2375 El Camino Real/5505 Del Rio from C (Commercial
Neighborhood) and RS (Residential Suburban) to CPK (Commerc�l Park) and RMF-10
(PD7) Low Density Multiple Family Residential, Planned Develop ent Overlay No. 7
(Zone Change 95013; Investec)
(Staff recommendation: Waive reading in full and adopt on secor reading by title
only)
3. ORDINANCE N0. 314 - Amending Chap. 3 of Title<4 of the Atas�adero Municipal
Code as it relates to the Traffic Committee
(Staff recommendation: Waive reading in full and adopt on sero d reading by title
only)
D. COMMITTEE REPORTS (The following represent standing committees. Informative
status reports will be given, as felt necessary.):
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1. S.L.O. Council of Governments/S.L.O. Regional Transit Authority!
2. City/School Committee
3. County Water Advisory Board/Nacimiento Water Purveyors Advil.,ory Group
4. Economia Round Table
5. Finance Committee
6. Air Pollution Control District
7. North County Council a
8. Ad Hoc Regional Water Management Committee
9. Integrated Waste Management Authority
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E. INDIVIDUAL DETERMINATION AND/OR ACTION: i
1. City Council
2. City Attorney
3. City Clerk
4. City Treasurer
5. City Manager
: E .
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RULES OF PUBLIC PARTICIPATION:
The City Council welcomes and encourages your ideas and
comments as a 'citizen. To increase the effectiveness of your
participation, please familiarize yourself with the following rules of
decorum:
0 Members of the audience may speak on any item on the agenda, in the order
the item(s) are addressed by the Council, as directed by the Mayor. Items not
on the agenda should be submitted during the Community Forum period (see
below).
0 Persons wishing to speak should step to the podium and state their name and
address, for the official record.
O All remarks shall be addressed to Council, as awhole, and not to any individual
member thereof.
0 No person shall be permitted to make slanderous, profane or personal remarks
against any elected official, commissions'and staff.
0 A person may speak for five (5') minutes.
O 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.
0 Council Members may question any speaker, the speaker may respond but,
after the allotted time has expired, may not initiate further discussion.
O The floor will then be closed to public participation and open for Council
discussion.
COMMUNITY FORUM:
O The Community Forum period is provided to receive comments from the public
on matters other than scheduled agenda items.
O A maximum of 30 minutes will be allowed for Community Forum, unless
Council authorizes an extension.
0 , State law does not allow the Council to take action on issues not on the
agenda; staff may be asked to follow up on such items.
REPORT TO CITY COUNCIL
• CITY OF ATASCADERO Agenda Item: A-1 (*Revised)
Through: Andrew J. Takata Meeting Date: 09/24/96
City Manager
File Number: TTM 96001
Via: Steven L. DeCamp
Acting Community Development Director
From: Gary Kaiser
Associate Planner
SUBJECT•
Consideration of Final Tract Map #96001 and accompanying Reim-
bursement Agreement for the subdivision of the site into nineteen
( 19 ) residential lots ranging in size from 4, 183 to 10, 694 square
feet. Subject site is located at 4700 Traffic Way (Kelly
Gearhart/Cannon Associates) .
RECOMMENDATION•
Approve Reimbursement Agreement and accept Final Tract Map #96001.
- (Adopt Resolution No. 85-96)
BACKGROUND•
On July 9 , 1996, the City Council conducted a public hearing on the
above referenced map along with an accompanying Zone Change and
Conditional Use Permit. The City Council upheld an appeal of the
Planning Commission' s lack of action and approved Tentative Tract
Map #96001 subject to Revised Conditions of Approval. All condi-
tions have now been met by the applicant.
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Attachments : Attachment A - Location Map
Attachment B - Reimbursement Agreement
cc: Kelly Gearhart
Cannon Associates
000001
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: A-1
Through: Andrew J. Takata Meeting Date: O9j/24/96
City Manager
File Number: TTM 96001
Via: Steven L. DeCamp
Acting Community Development Director ,
From: Gary Kaiser
Associate Planner
SUBJECT:
Consideration of Final Tract Map #96,01 and accompanying Reim-
bursement Agreement for the subdivision of the site into nineteen
(19) residential lots ranging in sieve from 4, 183 to 10, 694 square
feet. Subject site is located/at 4700 Traffic Way (Kelly
Gearhart/Cannon Associates) . y `
RECOMMENDATION• $'
Approve Reimbursement Agreement and accept Final Tract Map #96001 .
14
BACKGROUND:
On July 9 , 1996, the ty Council conducted a public hearing on the
above referenced ma along with an accompanying Zone Change and
Conditional Use Pe it. The City Council upheld an appeal of the
Planning Commission' s lack of action and approved Tentative Tract
Map #96001 subje °t to Revised Conditions of Approval. All condi-
tions have now been met by the applicant.
r
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Attachmentbr: Attachment A - Location Map
Attachment B - Reimbursement Agreement
cc: K ly Gearhart
Cannon Associates
000001
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1'1t�1 • • 1 1
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FOR RECORDER USE ONLY
RECORDING REQUESTED BY:
City of Atascadero
WHEN RECORDED MAIL TO:
City Clerk
City of Atascadero
6500 Palma Avenue
Atascadero, CA. 93422
CITY OF ATASCADERO
SUBDIVISION IMPROVEMENT AGREEMENT
DATE OF AGREEMENT: September 24, 1996
NAME OF SUBDIVIDER: KELLY V. GEARHART and BRUCE C. WHITE
SUBDIVISION: TRACT 2225
ESTIMATED TOTAL COST OF IMPROVEMENTS: $431,450.33
This Agreement made and entered into by and between the City of Atascadero, a
municipal corporation of the State of California (hereinafter referred to as "City") and
KELLY V. GEARHART AND BRUCE C. WHITE (hereinafter referred to as "Subdivider").
RECITALS
000003
A. Subdivider has presented to the City Council of the City of Atascadero Tract
No.2225 for approval but not all of the improvements required or conditions
imposed by Title 11, Chapter 8 Articles 3 and 4 and Chapter 10 of the Atascadero
Municipal Code have been completed or performed.
B. Subdivider desires to record Tract No. 2225 after the same has been approved by
the City Council of the City of Atascadero.
C. The Subdivision Laws establish as a condition precedent to the approval of a tract
map that Subdivider must have either completed, in compliance with City
Standards, all of the improvements and land development work required by Tract
No. 2225 or have entered into a secured agreement with City to complete the
improvements and land development within a period of time specified by City.
D. In consideration of approval of Tract No. 2225 by the City Council, Subdivider
desires to enter into this Agreement, whereby Subdivider promises to install and
complete, at the Subdivider's own expense, all of the public improvement work
required by City in connection with Subdivision.
E. Improvement Plans for the construction, installation and completion of the
improvements have been prepared by Subdivider and approved by the City
Engineer. The Improvement Plans for Tract No. 2225 are on file in the Office of the
City Engineer and are incorporated into this Agreement by this reference. All
references in this Agreement to the Improvement Plans shall include reference to
any specifications for the improvements as approved by the City Engineer.
F. An estimate of the cost for construction of the public improvements according to the
Improvement Plans has been made and has been approved by the City Engineer.
The Estimated Total Cost of Improvements is stated on Page 1 of this Agreement.
The basis for the estimate is attached as Exhibit "A" to this Agreement.
000004
G. Subdivider recognizes that by approval of Tract No. 2225, 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 construct the public
improvements 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 commence 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 law in event of a default by Subdivider. It is
specifically recognized that the determination of whether a reversion to acreage or
rescission of the Tract No. 2225 constitutes an adequate remedy for default by the
Subdivider shall be within the sole discretion of City.
NOW, THEREFORE, pursuant to the provisions contained in the Atascadero Municipal
Code, Title 11, Chapter 10, sections 11-10.010 through 11-10.022, and in consideration of
. the approval by the City Council and the filing of Tract No. 2225, the parties hereto do
promise and agree one with the other as follows:
1. Subdivider is to make and complete all of the improvements for Tract No. 2225 as
shown on the Improvement Plans thereof and as required and set forth in Title 11,
Chapter 8, Articles 3 and 4, and Chapter 10, of the Atascadero Municipal Code, or
as amended.
2. It is further understood and agreed by and between the parties hereto that the
improvements as required by the conditions of approval for Tract No. 2225 shall be
completed within one year from the Date of Agreement. These improvements
include, but are not limited to, those items of work shown on attached Exhibit A
and the work shown on the improvement plans approved by the City Engineer.
3. The Subdivider promises and agrees to complete all improvement work referred to
00000
hereinabove to the satisfaction of the City Engineer.
4. If said improvement work is not completed within one year of the Date of
Agreement, the Subdivider agrees that the City may elect to complete the same.
5. In the event the City elects to complete said work or improvement, the Subdivider
agrees that the City may exercise it's option to declare the bond or deposit, as
hereinafter described, forfeited and utilize the proceeds, including any interest, to
complete said improvements or that the City may complete said improvements and
recover full cost and expense thereof including reasonable attorney fees from the
Subdivider and his/her surety.
6. The Subdivider shall, prior to submitting the map for filing, file an improvement
security with the City, in a form acceptable to the City Attorney, in the amount of
the Estimated Total Cost of Improvements, which is the amount deemed sufficient
by the City Engineer. In no case shall the improvement security be less than 100%
of the Estimated Total Cost of Improvements. Further, the Subdivider shall file a
security for labor and materials in the amount of the Estimated Total Cost of
Improvements. The security for Labor and materials shall be no less than 50% of the
Estimated Total Cost of Improvements. Periodic progress payments may be
authorized to the Subdivider as the improvements are completed if adequate
security remains as determined by the City Engineer, however, no such progress
payments shall be made for more than 90% of the value of any work. Progress
payments shall only be paid on work that is completed to the satisfaction of the City
Engineer.
7. The Subdivider hereby agrees that after the completion and acceptance of the
improvements as specified in paragraphs 2 and 3, 10% of the improvement security
shall be retained for the guarantee and warranty of the work for a period of one
year. 0
000006
8. It is understood and agreed by and between the parties hereto that this Agreement
shall bind the heirs, executors, administrators, successors, and assigns of the
respective parties to this agreement.
9. In the event legal action is taken to enforce the provisions of this Agreement, the
prevailing party shall be entitled to recover costs to enforce the Agreement,
including reasonable attorney fees.
10. The Subdivider shall, defend, indemnify and save harmless the City, its officers,
agents and employees from any and all claims, demands, damages, costs, expenses,
or liability occasioned by the performance and attempted performance of the
provisions hereof, or in any way arising out of this Agreement, including, but not
limited to, inverse condemnation, equitable relief, or any wrongful act or any
negligent act or omission to act on the part of the Property Owner or of agents,
employees, or independent contractors directly responsible to the Property Owner,
providing further that the foregoing shall apply to any wrongful acts, or any actively
or passively negligent acts or omissions to act, committed jointly or concurrently
by the Applicant, the Property Owner's agents, employees, or independent
contractors. Nothing contained in the foregoing indemnity provisions shall be
construed to require the Property Owner to indemnify the City against any
responsibility or liability in contravention of Section 2782 of the Civil Code.
11. Upon acceptance of the work on behalf of City and recordation of the Notice of
Completion, ownership of the improvements constructed pursuant to this
Agreement shall vest in City.
12. Sale or other disposition of this property will not relieve Subdivider form the
obligations set forth herein. Subdivider agrees to notify City in writing at least 30
days in advance of any actual or pending sale or other disposition of the property.
If Subdivider sells the property or any portion of the property within the Subdivision
00000'7
to any other person, Subdivider may request a novation of this Agreement and a
substitution of security. Upon approval of the novation and substitution of
securities, Subdivider may request a release or reduction of the securities required
by this Agreement. Nothing in the novation shall relieve the Subdivider of the
obligations under Paragraph 2 for the work or improvement done by Subdivider.
13. All notices required or provided for under this Agreement shall be in writing and
delivered in person or sent by mail, postage prepaid and addressed as provided in
this section. Notice shall be effective on the date it is delivered in person, or, if
mailed, on the date of deposit in the United States Mail. Notices shall be addressed
as follows unless a written change of address is filed with City:
City: City of Atascadero
6500 Palma Avenue
Atascadero, CA 93422
Subdivider: KELLY V. GEARHART BRUCE C. WHITE
6660 Navajoa Ave. do The B.W. Plumbing Co.
Atascadero, Ca. 93422 P.O. Box 539
Paso Robles, Ca. 93447
Surety: Hurst Financial Corporation
P.O. Box 2191
Atascadero, CA. 93423
14. 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 unless amended or modified by the mutual
consent of the parties.
000008
15. The Recitals to this Agreement are hereby incorporated into the terms of this
Agreement.
16. This Agreement constitutes the entire Agreement of the parties with respect to the
subject matter. All modifications, amendments, or waivers of the terms of this
Agreement must be in writing and signed by the appropriate representatives of the
parties. In the case of City, the appropriate party shall be the City Manager.
IN WITNESS WHEREOF the Property Owner has hereunto set his/her hand and the City
has caused these presents to be signed by its duly sworn and authorized officers the day
and year first hereinabove written.
Subdivider: KELLY V. GEARHART Subdivider: BRUCE C. WHITE
i
(notarize signature) (notorize signature)
Attest: City of Atascadero:
Lee Price George Highland
City Clerk Mayor
Approved as to content: Approved as to form:
Steven J. Sylvester Arther R. Montandon
City Engineer City Attorney
N:\KSS\TR2225.AGR
000009
Exhibit "A"
TRACT 2225
ESTIMATED COST OF IMPROVEMENTS
ITEM --jQUANTITY UNIT UNIT COST TOTAL
EARTH WORK/DEMOLITION
CLEAR & CRUB 3 ACRES $ 250.00 $ 750.00
IMPORT FILL 11,200 CY $ 5.00 $ 56,000.00
SAW CUT ASPHALT 1630 LF $ 0.75 $ 1,222.50
PAVEMENT
STORM DRAIN
24" 410 LF $ 32.00 $ $13,120.00
30" 275 LF $ 37.00 $ 10,175.00
36" 165 LF $ 42.00 $ 6,930.00
54" CIPCP 46 LF $ 60.00 $ 2,760.00
66" CIPCP 729 LF $ 70.00 $ 51,030.00
72" CIPCP 340 LF $ 75.00 $ 25,500.00
ROCK RIP RAP 50 CY $ 75.00 $ 3,750.00
DRAINAGE INLET 502 1 EA $ 2,500.00 $ 2,500.00
D.I. 502 MODIFIED 2 EA $ 3,500.00 $ 7,000.00
D.I. 504 4 EA $ 1,500.00 $ 6,000.00
D.I. 504 MODIFIED 2 EA $ 3,500.00 $ 7,000.00
S.D. MANHOLE 501 2 EA $ 2,500.00 $ 5,000.00
S.D. MANHOLE SPECIAL 1 EA $ 3,500.00 $ 3,500.00
S.D. MANHOLE LARGE PIPE 2 EA $ 2,000.00 $ 4,000.00
SIDEWALK UNDERDRAIN 1 EA $ 500.00 $ 500.00
SEWER
8" PVC 950 LF $ 15.00 $ 14,250.00
MANHOLES 8 EA $ 2,000.00 $ 16,000.00
CLEAN OUT 1 EA $ 350.00 $ 350.00
TIE IN 1 LF $ 500.00 $ 500.00
LATERALS 19 EA $ 250.00 $ 4,750.00
VIDEO TAPING 950 LF $ .15 $ 142.50
UTILITIES
Combined trench (cable T.V., 600 LF $ 14.00 $ 8,400.00
Telephone, PG&E
Gas 402 1 LF $ 15.00 $ 6,030.00 000010
ITEM QUANTITY UNIT UNIT COST TOTAL
STREETS
CURB AND GUTTER 2350 LF $ 11.00 $ 25,850.00
SIDEWALK FE 7560 SF $ 2.50 $ 18,900.00
DRIVEWAY APPROACHES 1880 SF $ 3.50 $ 6,580.00
CROSS GUTTER 1410 SF $ 6.00 $ 8,460.00
HANDICAP RAMPS 1134 SF $ 3.50 $ 3,969.00
3.5"A.C. PAVEMENT 7505 SF $ 0.88 #-$ 46,304.20 6,604.40
2.5"A.C. PAVEMENT 18920 SF $ 0.63 1,919.60
12" CLASS II AGG. BASE 7505 SF $ 0.84
8" CLASS II AGG. BASE 18920 SF $ 0.56 $ 10.595.20
AC OVERLAY 9820 SF $ 0.25 $ 2,455.00
ADJUST MANHOLE COVER 8 EA $ 350.00 $ 2,800.00
ADJUST VALVE COVER 7 EA $ 150.00 $ 1,050.00
MONUMENTS 10 EA $ 250.00 $ 2,500.00
STREET SIGN 6 EA $ 200.00 $ 1,200.00
TRAFFIC STRIPING 667 LF $ 0.40 $ 266.80
TRAFFIC MARKING 1000 SF $ 1.00 $ 1,000.00
MISCELLANEOUS
2" BLOCK WALL 252 LF $ 30.00 $ 7,560.00
ESTIMATED CONSTRUCTION COST $ 375,174.20
CONTINGENCY @10% $ 37,517.42
INFLATION 0 5% $ 18,758.71
TOTAL
$ 431,450.33
Base unit prices per City of Atascadero Engineering Department
000011
enda Item: A-1
Metjng Date: 9/24/96
* .NOTICE: THE REIMBURSEMENT AGREEMENT PERTAINING TO
THIS APPLIC ION WILL BE DISTRIBUTED
TELY.
SEPARA
SEP-23-1996 07:43 FROM NORTH COAST ENGvINC TO WAS PUB WK5 F.0y
FOR RECORDER USE ONLY
RECORDING REQUESTED BY:
City of Atascadero
WHEN RECORDED MAIL TO:
City Clerk
City of Atascadero
6500 Palma Avenue
Atascadero, CA. 93422
REIMBURSEMENT AGREEMENT
FOR CONSTRUCTIOWUSE OF DRAINAGE STRUCTURES
(Government Code Section 50140 et seq.)
THIS AGREEMENT is entered into this the 24th day of September, 1996,by and between Kelly V.
Gearhart and Bruce C.White hereinafter refered to as"Builder"and the City of Atascadero,
California,a Municipal Corporation, organized under,and existing by virtue of, the laws of the
State of California, hereinafter refered to as"City;" the parties hereto recite as follows:
WHEREAS,the City,pursuant to its legal authority to require drainage structures be constructed by
Builder in exchange for the privilege of building within the City of Atascadero, has required the
construction of drainage structures along Buena Avenue as a condition of approval for Tract 2225;
and
WHEREAS, it is the opinion of the City Council of the City of Atascadero that the drainage
structures, including laterals and other facilities, must be constructed which can be or will be used
for the benefit of property other than that on which Builder is constructing;and
WHEREAS,such drainage structures or other facilities are to be dedicated to the public; and
WHEREAS,the City Council of the City of Atascadero finds it is in the best interests of the City to
contract with Builder to reimburse guilder for the actual as-built cost for the design and
construction of the drainage structures.
NOW, THEREFORE,in consideration for the mutual covenants contained herein, Builder and City
of-'(-''_`:x 1111
SEP-23-1996 07:44 FROM NORTH COAST ENGsINC TO ATAS PUB WKS P.10
agree as follows:
I. Builder agrees to construct or have constructed drainage structures of the size,type and at
the location as set forth in Exhibit A attached hereto and incorporated herein_ Construction
costs shall be based upon the lowest of three bids_
2. If required by the tabor Cbde of the State of California, Builder agrees to pay the prevailing
wage rates for each craft or type of worker or mechanic needed to construct the drainage
structures pursuant to Section 1770,et.seq,of the Labor Code if applicable. Builder agrees
to comply with the provisions of the Labor Code Section 1775. In the event that Builder'Is
required to pay prevailing wages,and fails to do so, the Builder shall forfeit,as a penalty to
the City, Fifty Dollars($50.00)for each calender day,or portion thereof,for each worker
paid less than the stipulated prevailing rate for such work or craft in which such worker is
employed for any work needed to construct the drainage structures. The penalty, if any,
shall be determined pursuant to Labor Code Section 1775. In addition to such penalty,
Builder shall pay to each worker the difference between the stipulated prevailing wage rate
and the amount paid to each worker for each calender day,or portion thereof,for which
each worker was paid less than the stipulated prevailing wage rate.
3. The Builder agrees to dedicate the drainage structures to the City upon acceptance of the
drainage structures as complete by the City Engineer.
4. The Builder agrees that upon acceptance of the drainage structures as complete by the City
Engineer and thirty five (35)days after a Notice of Completion is filed,the City will
reimburse to Builder a lump sum payment of one hundred fifty thousand dollars
($150,000.00)or the actual as-built cost for the design and construction of the drainage
structures,whichever is less. The total reimbursement to Builder shall not exceed the actual
as-built cost for design and construction of the drainage structures
5. The Builder agrees that,should the actual as-built cost for design and construction of the .
drainage structures exceed one hundred fifty thousand dollars($150,000.00),the City will
reimburse to Builder the actual as-built cost in excess of one hundred fifty thousand dollars
($150,000.017)from those drainage development impact fees collected by City from any
person using the drainage structures to the benefit of the properties designated by Exhibit B,
attached hereto and incorporated herein. The total reimbursement to Builder shall not
exceed the actual as-built cost for design and construction of the drainage structures. The
Builder agrees that the City shall be responsible for reimbursing only those drainage
development impact fees actually collected from the properties identified in Exhibit B
pursuant to Government Code Section 50140,et seq. The City may collect from any
person using the drainage structures for the benefit of property subject to the jurisdiction of
the City but other than the property on which the drainage structures are erected,a
reasonable charge for such use. The drainage development impact fees to be collected
from the properties identified in Exhibit B are as set forth in Ordinance 183 of the
Atascadero Municipal Code. These fees shall accumulate s%simple interest,at the
anniversary date of this Agreement,on the amount collected by the City.
6. The Builder agrees that the City shall have sole discretion as to setting and collecting the
drainage development impact fees. The City shall deduct a charge of 10%from the
drainage development impact fees collected to reimburse the City for its reasonable
administration costs of this Agreement.
7. The Builder agrees that the drainage development impact fees collected under this •
000013
SEP-23-1996 07;44 FROM NORTH COAST ENGYINC TO ATAS PUB WKS P.11
Agreement,plus accumulated interest,shall be reimbursed to Builder for a period of ten
is
(10)years from the date this Agreement is recorded. After the ten (10)year period,the City
is no longer required to reimburse the Builder for the design and construction of the
drainage structures.
8. The Builder agrees that the City will disburse to Builder the drainage development impact
fees and interest, less the 10%administrative fee,when,and if,such fee is collected by
City. The fees and into-rest shall be sent to Builder at:
Kelly V. Gearhart
6660 Navajoa Avenue
Atascadero,CA 93422
This address may be changed at any time by Builder by receipt of written notice to the City.
9. The Builder agrees that if,for any reason,the drainage development impact fee is or
becomes legally uncollectible by the City,the City shall not be responsible in any way for
collecting the fee,reimbursing the fee or paying Builder the costs or costs,plus interest,of
the drainage structures in excess of the one hundred fifty thousand dollars($150,000.00)
lump sum payment.
10. The Builder agrees that after completion and acceptance of the drainage structures a ten
percent(10%)improvement security shall be retained by City for the guarantee and
warranty of the work for a period of one year.
11. This Agreement, and ail matters relating to this agreement,shall be governed by the laws of
the State of Califomia in force at the time any need for interpretation of this agreement or
any decision for holding concerning this agreement arises.
12. This Agreement shall be binding on and shall inure to the benefit of the heirs,executors,
administrators,successors,and assigns of the parties hereto,Builder and City, but nothing in
this Section shall be construed as a consent by City to any assignment of this Agreement or
any interest therein by Builder.
13. Should any provision of this agreement be held by a court.of competent jurisdiction to be
either invalid,void,or unenforceable,the remaining provisions of this agreement shall
remain in full force and effect unimpaired by the holding.
14. This instrument constitutes the sole and only agreement between City and Builder
respecting reimbursement for construction of drainage structures specified in Exhibit A,and
correctly sets forth the obligations of City and Builder to each other as of its date. Any
agreements or representations respecting said reimbursement or any other matter discussed
in this agreement not expressly set forth in this instrument are null and void.
15. Time is expressly declared to be the essence of this agreement.
16. The parties hereby represent that the parties executing this agreement are expressly
authorized to do so for and on behalf of the parties.
17. The parties agree that each party and counsel have reviewed this agreement and that any
rule of construction to the effect that ambiguities are to be resolved against the drafting party
• shall not apply in the interpretation of this Agreement or any amendments or exhibits
I
000014
SEP-23-1996 07:45 FROM NORTH COAST ENG.INC TO ATAS PUB WKS P.12
thereto.
18. The captions of the Sections of this Agreement are for convenience and reference on'y,and
are not intended and shalt not be construed to define or limit the provisions to which they
relate.
EXECUTED on. . 1996,at the City of Atascadero,San Luis Obispo,County,
California.
Builder: KELLY V. Gi:ARHART Builder: BRUCE C.WHITE
(notarize signature) (notorize signature)
Attest: City of Atascadero:
Lee Price George Highland
City Clerk Mayor
Approved as to content: Approved as to form:
Steven J. Sylvester Arther R. Montandon
City Engineer City Attorney
000015
SEP-23-1996 07:46 FROM NORTH COAST ENG# INC TO ATAS PUB WKS P.13
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SEP-23-1996 07;46 FROM NORTH COAST ENG, INC TO ATAS PUB WKS P.14
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bLN—�5-1 j7b WY;4b t-NUN NUN 1 H WHb I LNU e 1111. (U RTAS PUB WKS P.17
RESOLUTION NO.85-96
A RESOLUTION OF THE QTY COUNCIL OF THE CITY OF
ATASCADERO APPROVING A REIMBURSEMENT AGREEMENT WITH
KELLY V.GEARHART FOR THE CONSTRUCTION OF DRAINAGE STRUCTURES
ALONG BUENA AVENUE
WHEREAS,Section 50140 at seq.of the Government Code provides for implementation of a
Reimbursement Map Procedure,and
WHEREAS,the City Council of the City of Atascadero finds that the drainage development impact
fee or charge and the area of benefit is reasonably related to the cost of such supplemental
improvements and the actual ultimate beneficiaries thereof;and
WHEREAS,the Reimbursement Agreement between Kelly V.Gearhart and the City of AtascadeM
on the form in the City Clerk's office does comply with all the requirements of the Reimbursement
Map Procedures;
NOW,THEREFORE, IT!S HEREBY RESOLVED as follows:
1. The Reimbursement Agreement with Kelly V.Gearhart for the construction of drainage
structures along Buena Avenue in the form on file with the City Cleric is hereby approved
and the Mayor and City Clerk are hereby authorized and directed to execute the same on
behalf of the City.
2. The City Clerk is hereby authorized and directed to record the Reimbursement Agreement
. with the San Luis Obispo County Recorder's office.
3. The Finance director is hereby authorized and directed to both collect and disburse any
funds collected per the conditions listed in the Reimbursement Agreement.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero held
September 24, 1995.
Attest: City of Atascadero:
By:
Lee Price George Highland
City Clerk Mayor
Approved as to content: Approved as to form:
Steven J. Sylvester Arther R. Montandon
City Engineer City Attorney
TOTAL P.17
0i',®018.
REPORT TO CITY COUNCIL
CITY OF ATASCADERO AGENDA ITEM: A-2
Through: Andy Takata, City Manager Meeting Date: 09/24/96
From: Vivian Witzel , Business License Clerk
SUBJECT: Card Parlor located at 6901 E1 Camino Real
RECOMMENDATION: City Council approval of card parlor per
Sec. 3-5.403 City Code, pending approval of
Police Chief/Department of Justice background
check.
BACKGROUND: Planning Commission approved this use with
Conditional Use Permit #96009 on Sept. 3, 1996.
Attachments/Enclosures:
Planning Commission report of September 3, 1996
Conditional Use Permit #96009.
Planning Commission Minutes of September 3, 1996
II
000019
3-5.403-3-5.404
r
(c) Cardrooms. Every person or firm, or corporation or
entity engaged i ed in the cardroom business shall have a California
g g
State gaming permit prior to making application to the City of
Atascadero for a business license.
(d) Firearm Sales. Every person or firm, or corporation or
entity in the business of selling firearms or related supplies shall
have a federal firearms permit for such activity prior to making
an application to the City of Atascadero for a business license.
(Ord. 258 § 1 (Exh. A (part)), 1992)
Sec. 3-5.403. Cardrooms.
An application for a license to operate a card game or card
table must be reviewed by the Atascadero Police Chief. The
application, together with the findings and recommendations of
the Police Chief shall then be presented to the Council for
review and approval. No such license as is referred to in this
section shall be issued except upon the order of the City Coun-
cil. The Council may limit the number of such licenses issued
which in its judgement shall be for the best interest of the public
peace, safety and welfare.
(Ord. 258 § 1 (Exh. A (part)), 1992)
Sec. 3-5.404. Transient merchants: Solicitors and
canvassers.
(a) Permit and License Required. It is unlawful for any tran-
sient merchant, itinerant merchant, itinerant vendor, solicitor or
canvasser as defined in this title to engage in such business
within the City without first obtaining a permit and license
therefor in compliance with the provisions in this title. It is
unlawful for any agent or employee of a solicitor or canvasser
to engage in such business within the City without first obtain-
ing a badge therefor in compliance with the provisions of this
title.
145 Wascadem 2-94)
000020
r
3-5.403-3-5.404
(c) Cardrooms. Every person or firm, or corporation or
entity engaged in the cardroom business shall have a California
State gaming permit prior to making application to the City of
Atascadero for a business license.
(d) Firearm Sales. Every person or firm, or corporation or
entity in the business of selling firearms or related supplies shall
have a federal firearms permit for such activity prior to making
an application to the City of Atascadero for a business license.
(Ord. 258 § 1 (Exh. A (part)), 1992)
See. 3-5.403. Cardrooms..
An application for a license to operate a card game or card
table must be reviewed by the Atascadero Police Chief. The
application, together with the findings and recommendations of
the Police Chief shall then be presented to the Council for
review and approval. No such license as is referred to in this
section shall be issued except upon the order of the City Coun-
cil. The Council may limit the number of such licenses issued
which in its judgement shall be for the best interest of the public
peace, safety and welfare.
(Ord. 258 § 1 (Exh. A (part)), 1992)
Sec. 3-5.404. Transient merchants: Solicitors and
canvassers. .
(a) Permit and License Required. It is unlawful for any tran-
sient merchant, itinerant merchant, itinerant vendor, solicitor or
canvasser as defined in this title to engage in such business
within the City without first obtaining a permit and license
therefor in compliance with the provisions in this title. It is
unlawful for any agent or employee of a solicitor or canvasser
to engage in such business within the City without first obtain-
ing a badge therefor in compliance with the provisions of this
title.
145 (Aw"dem 2-94)
000021
3-5.403-3-5.404
(c) Cardrooms. Every person or firm, or corporation or
entity engaged in the cardroom business shall have a California
State gaming permit prior to making application to the City of
Atascadero for a business license.
(d) Firearm Sales. Every person or firm, or corporation or
entity in the business of selling firearms or related supplies shall
have a federal firearms permit for such activity prior to making
an application to the City of Atascadero for a business license.
(Ord. 258 § 1 (Exh. A (part)), 1992)
Sec. 3-5.403. Cardrooms..
An application for a license to operate a card game or card
table must be reviewed by the Atascadero Police Chief. The
application, together with the findings and recommendations of
the Police Chief shall then be presented to the Council for
review and approval. No such license as is referred to in this
section shall be issued except upon the order of the City Coun-
cil. The Council may limit the number of such licenses issued
which in its judgement shall be for the best interest of the public
peace, safety and welfare.
(Ord. 258 § 1 (Exh. A (part)), 1992)
Sec. 3-5.404. Transient merchants: Solicitors and
canvassers.
(a) Permit and License Required. It is unlawful for any tran-
sient merchant, itinerant merchant. itinerant vendor, solicitor or
canvasser as defined in this title to engage in such business
within the City without first obtaining a permit and license
therefor in compliance with the provisions in this title. It is
unlawful for any agent or employee of a solicitor or canvasser
to engage in such business within the City without first obtain-
ing a badge therefor in compliance with the provisions of this
title.
145 (Ahscadcm 2-44)
000022
3-5.403-3-5.404
(c) Cardrooms. Every person or firm, or corporation or
entity engaged in the cardroom business shall have a California
State gaming permit prior to making application to the City of
Atascadero for a business license.
(d) Firearm Sales. Every person or fine, or corporation or
entity in the business of selling firearms or related supplies shall
have a federal firearms permit for such activity prior to making
an application to the City of Atascadero for a business license.
(Ord. 258 § 1 (Exh. A (part)), 1992)
Sec. 3-5.403. Cardrooms.
An application for a license to operate a card game or card
table must be reviewed by the Atascadero Police Chief. The
application, together with the findings and recommendations of
• the Police Chief shall then be presented to the Council for
review and approval. No such license as is referred to in this
section shall be issued except upon the order of the City Coun-
cil. The Council may limit the number of such licenses issued
which in its judgement shall be for the best interest of the public
peace, safety and welfare.
(Ord. 258 § 1 (Exh. A (part)), 1992)
Sec. 3-5.404. Transient merchants: Solicitors and
canvassers. .
(a) Permit and License Required. It is unlawful for any tran-
sient merchant, itinerant merchant, itinerant vendor, solicitor or
canvasser as defined in this title to engage in such business
within the City without first obtaining a permit and license
therefor in compliance with the provisions in this title. It is
unlawful for any agent or employee of a solicitor or canvasser
to engage in such business within the City without first obtain-
ing a badge therefor in compliance with the provisions of this
title.
145 (Atasmdem z-va)
000023
3-5.403-3-5.404
(c) Cardrooms. Every person or firm, or corporation or
entity engaged in the cardroom business shall have a California
State gaming permit prior to making application to the City of
Atascadero for a business license.
(d) Firearm Sales. Every person or fine, or corporation or
entity in the business of selling firearms or related supplies shall
have a federal firearms permit for such activity prior to making
an application to the City of Atascadero for a business license.
(Ord. 258 § 1 (Exh. A (part)), 1992)
Sec. 3-5.403. Cardrooms.
An application for a license to operate a card game or card
table must be reviewed by the Atascadero Police Chief. The
application, together with the findings and recommendations of
the Police Chief shall then be presented to the Council for
review and approval. No such license as is referred to in this
section shall be issued except upon the order of the City Coun-
cil. The Council may limit the number of such licenses issued
which in its judgement shall be for the best interest of the public
peace, safety and welfare.
(Ord. 258 § 1 (Exh. A (part)), 1992)
Sec. 3-5.404. Transient merchants: Solicitors and
canvassers.
(a) Permit and License Required. It is unlawful for any tran-
sient merchant, itinerant merchant, itinerant vendor, solicitor or
canvasser as defined in this title to engage in such business
within the City without first obtaining a permit and license
therefor in compliance with the provisions in this title. It is
unlawful for any agent or employee of a solicitor or canvasser
to engage in such business within the City without first obtain-
ing a badge therefor in compliance with the provisions of this
title.
145 (Atascadero 2-94)
0OOO2'}
3-5.403-3-5.404
(c) Cardrooms. Every person or firm, or corporation or
entity engaged in the cardroom business shall have a California
State gaming permit prior to making application to the City of
Atascadero for a business license.
(d) Firearm Sales. Every person or firm, or corporation or
entity in the business of selling firearms or related supplies shall
have a federal firearms permit for such activity prior to making
an application to the City of Atascadero for a business license.
(Ord. 258 § 1 (Exh. A (part)), 1992)
Sec. 3-5.403. Cardrooms.
An application for a license to operate a card game or card
table must be reviewed by the Atascadero Police Chief. The
application, together with the findings and recommendations of
the Police Chief shall then be presented to the Council for
review and approval. No such license as is referred to in this
section shall be issued except upon the order of the City Coun-
cil. The Council may limit the number of such licenses issued
which in its judgement shall be for the best interest of the public
peace, safety and welfare.
(Ord. 258 § I (Exh. A (part)), 1992)
Sec. 3-5.404. Transient merchants: Solicitors and
canvassers. .
(a) Permit and License Required. It is unlawful for any tran-
sient merchant, itinerant merchant, itinerant vendor, solicitor or
canvasser as defined in this title to engage in such business
within the City without first obtaining a permit and license
therefor in compliance with the provisions in this title. It is
unlawful for any agent or employee of a solicitor or canvasser
to engage in such business within the City without first obtain-
ing a badge therefor in compliance with the provisions of this
title.
145 (Auxadem z-aa)
0000ti.5
i
3-5.403-3-5.404
(c) Cardrooms. Every person or firm, or corporation or
entity engaged in the cardroom business shall have a California
State gaming permit prior to making application to the City of
Atascadero for a business license.
(d) Firearm Sales. Every person or firm. or corporation.or.
entity in the business of selling firearms or related supplies shall-
have a federal firearms permit for such activity prior to making
an application to the City of Atascadero for a business license::
(Ord. 258 § 1 (Exh. A (part)), 1992)
Sec. 3-5.403. Cardrooms.
An application for a license to operate a card game or card _
table must be reviewed by the Atascadero Police Chief.- The
application, together with the findings and recommendations of
the Police Chief shall then be presented to the Council. for-
review and approval. No such license as is referred to in this -_
( section shall be issued except upon the order of the City Coun:
cil. The Council may limit the number of such licenses issued,
which in its judgement shall be for the best interest of the public.
peace, safety and welfare.
(Ord. 258 § 1 (Exh. A (part)), 1992)
Sec. 3-5.404. Transient merchants: Solicitors and
canvassers. .
(a) Permit and License Required. It is unlawful for any tran-
sient merchant, itinerant merchant, itinerant vendor, solicitor or
canvasser as defined in this title to engage in such business
within the City without first obtaining a permit and license
therefor in compliance with the provisions in this title. It is
unlawful for any agent or employee of a solicitor or canvasser
to engage in such business within the City without first obtain-
ing a badge therefor in compliance with the provisions of this
title.
145 (Amscadem 2-94)
000026
i
f 3-5.403-3-5.404
(c) Cardrooms. Every person or firm, or corporation or
entity engaged in the cardroom business shall have a California
State gaming permit prior to making application to the City of
Atascadero for a business license.
(d) Firearm Sales. Every person or firm, or corporation or
entity in the business of selling firearms or related supplies shall
have a federal firearms permit for such activity prior to making
an application to the City of Atascadero for a business license.
(Ord. 258 § 1 (Exh. A (part)), 1992)
Sec. 3-5.403. Cardrooms.
An application for a license to operate a card game or card
table must be reviewed by the Atascadero Police Chief. The
application, together with the findings and recommendations of
the Police Chief shall then be presented to the Council for
review and approval. No such license as is referred to in this
section shall be issued except upon the order of the City Coun-
cil. The Council may limit the number of such licenses issued
which in its judgement shall be for the best interest of the public
peace, safety and welfare.
(Ord. 258 § 1 (Exh. A (part)), 1992)
Sec. 3-5.404. Transient merchants: Solicitors and
canvassers.
(a) Permit and License Required. It is unlawful for any tran-
sient merchant, itinerant merchant, itinerant vendor, solicitor or
canvasser as defined in this title to engage in such business
within the City without first obtaining a permit and license
therefor in compliance with the provisions in this title. It is
unlawful for any agent or employee of a solicitor or canvasser
to engage in such business within the City without first obtain-
ing a badge therefor in compliance with the provisions of this
title.
145 (ALxadew 2-94)
000021'
MINUTES EXCERPTS - 9/3/96
CITY OF ATASCADERO
PLANNING COMMISSION
9/3/96
ACTION MINUTES
SUBJECT: B. HEARINGS, APPEARANCES, AND REPORTS
1 . CONDITIONAL USE PERMIT 96009:
Consideration of an application filed by Michael
Schreiber for establishment of a card parlor within an
existing building. Subject site is located at 6901 E1
Camino Real.
STAFF RECOMMENDATION: (Heffernon)
The Planning Commission should approve the Conditional Use Permit
#96009, based on the Findings contained in Attachment F and subject to
the Conditions of Approval contained in Attachment G.
TESTIMONY:
Michael Schreiber, 10717 Wilshire Blvd, Los Angeles, the applicant,
offered to answer questions . He said that there will be security
cameras in addition to around-the-clock guards . One security camera
will face out the back toward the creek to prevent vandalism. The
front window will be either two-way glass or will be darkened so that
no one can see in. Regarding the hours, most of the card rooms in the
state operate around the clock to serve its clientele.
Terrell Graham, 6205 Conejo Road, told the Commission that the city of
Gardena required that the card players had to leave the card area,
walk through an outside door, and go into another door to a place
where they could buy alcohol. He suggested that it is a responsible
requirement for the City to ask that alcoholic beverages not be served
in the same area as the game playing activity.
Richard Moen, 4200 Portola Road, expressed concern about the location
of this card parlor. He noted that Atascadero now has two card
parlors and an adult store; which represents 33% of the county' s card
parlors in Atascadero. We' re trying to develop a place where families
can go and enjoy themselves. To put a card room in the same location
as family entertainment seems inappropriate. He asked if there is
another location in town that would be more appropriate for this type
of business . While he is not against the card parlor, he is against
its location.
Betty Downs, who owns BJ' s Card Parlor on El Camino Real, commented on
a card room at the Outlaw. The owner indicated that he didn' t have to
go through the City because he went through the County. She asked how
he got his card room. She indicated the police chief doesn' t like
card rooms, so they won' t patrol the area. She doesn' t feel there is
enough business for another card room. She indicated that the people
coming into the card room are fine people.
•
0000128
3-5.403-3-5.404
(c) Cardrooms. Every person or firm, or corporation or
entity engaged in the cardroom business shall have a California
State gaming permit prior to making application to the City of
Atascadero for a business license.
(d) Firearm Sales. Every person or firm, or corporation or
entity in the business of selling firearms or related supplies shall
have a federal firearms permit for such activity prior to making
an application to the City of Atascadero for a business license.
(Ord. 258 § 1 (Exh. A (part)), 1992)
Sec. 3-5.403. Cardrooms.
An application for a license to operate a card game or card
table must be reviewed by the Atascadero Police Chief. The
application, together with the findings and recommendations of
the Police Chief shall then be presented to the Council. for
• review and approval. No such license as is referred to in this
i section shall be issued except upon the order of the City Coun-
cil. The Council may limit the number of such licenses issued
which in its judgement shall be for the best interest of the public
peace, safety and welfare.
(Ord. 258 § 1 (Exh. A (part)), 1992)
Sec. 3-5.404. Transient merchants: Solicitors and
canvassers. .
(a) Permit and License Required. It is unlawful for any tran-
sient merchant, itinerant merchant, itinerant vendor, solicitor or
canvasser as defined in this title to engage in such business
within the City without first obtaining a permit and license
therefor in compliance with the provisions in this title. It is
unlawful for any agent or employee of a solicitor or canvasser
to engage in such business within the City without first obtain-
ing a badge therefor in compliance with the provisions of this
title.
145 (Aw"dew 2-94)
i
0002"7
MINUTES EXCERPTS - 9/3/96
CITY OF ATASCADERO
PLANNING COMMISSION
9/3/96
ACTION MINUTES
SUBJECT: B. HEARINGS. APPEARANCES, AND REPORTS
1 . CONDITIONAL USE PERMIT 96009:
Consideration of an application filed by Michael
Schreiber for establishment of a card parlor within an
existing building. Subject site is located at 6901 E1
Camino Real.
STAFF RECOMMENDATION: (Heffernon)
The Planning Commission should approve the Conditional Use Permit
#96009, based on the Findings contained in Attachment F and subject to
the Conditions of Approval contained in Attachment G.
TESTIMONY:
Michael Schreiber, 10717 Wilshire Blvd, Los Angeles, the applicant,
offered to answer questions. He said that there will be security
cameras in addition to around-the-clock guards. One security camera
will face out the back toward the creek to prevent vandalism. The
front window will be either two-way glass or will be darkened so that
no one can see in. Regarding the hours, most of the card rooms in the
state operate around the clock to serve its clientele.
Terrell Graham, 6205 Conejo Road, told the Commission that the city of
Gardena required that the card players had to leave the card area,
walk through an outside door, and go into another door to a place
where they could buy alcohol. He suggested that it is a responsible
requirement for the City to ask that alcoholic beverages not be served
in the same area as the game playing activity.
Richard Moen, 4200 Portola Road, expressed concern about the location
of this card parlor. He noted that Atascadero now has two card
parlors and an adult store; which represents 33% of the county' s card
parlors in Atascadero. We' re trying to develop a place where families
can go and enjoy themselves. To put a card room in the same location
as family entertainment seems inappropriate. He asked if there is
another location in town that would be more appropriate for this type
of business . While he is not against the card parlor, he is against
its location.
Betty Downs, who owns BJ' s Card Parlor on E1 Camino Real, commented on
a card room at the Outlaw. The owner indicated that he didn' t have to
go through the City because he went through the County. She asked how
he got his card room. She indicated the police chief doesn' t like
card rooms, so they won' t patrol the area. She doesn' t feel there is
enough business for another card room. She indicated that the people
coming into the card room are fine people.
0000 18
Planning Commission Meeting, September 3, 1996
•
Michael Schreiber, 10717 Wilshire Blvd, Los Angeles, responded to
concerns expressed during testimony. He indicated that alcohol would
only be served during legal hours . He would not promise that there
will never be problems, but that' s why he has security. The number of
card rooms in the area has nothingto do with what he is doing.g It is
his problem to market his business . He also indicated that he is
going through all the required steps for appropriately setting up his
business .
Richard Moen, 4200 Portola Road, asked if the non-smoking ordinance
would apply to this business. Mr. Decamp replied that the card room
would have to comply with State law in this regard. He also wondered
if the 1000 foot proximity law applied in this case. He was told it
did not.
James Harrison, one of the owners of the E1 Camino Shopping Center and
the Bowling Center, addressed a couple of the concerns expressed. He
related this situation to Las Vegas and found that it is now much more
family oriented. They are looking for compatible uses . They are very
concerned about security, which will be good for the community.
ACTION: Approve the Conditional Use Permit #96009, based on the
Findings contained in Attachment F and subject to the
Conditions of Approval contained in Attachment G.
Motion: Edwards
Second: Bowen
AYES : Edwards, Bowen, Johnson, Wallace, Bowen, Sauter,
Hageman, Zimmerman
NOES : None
ABSENT: None
MOTION PASSED: 7:0
2 . TENTATIVE TRACT MAP 96009/ZONE CHANGE 96009:
nsideration of applications submitted b and Shannon
and ores (Sholders Surveys) to ivide a 3 . 61 acre
property in my-four ots for single family
residential developm sing the Planned Development
Overlay Zone #7 Subjec e is located at 10780 E1
Camino Re
000029
CITY OF ATASCADERO
Iola
COMMUNITY DEVELOPMENT DEPARTMENT
September 4, 1996
Michael J. Schreiber
10717 Wilshire Blvd. , #1101
Los Angeles, CA 90024
Subject: Conditional Use Permit #96009: 6901 E1 Camino Real
Dear Mr. Schreiber:
At their regular meeting of September 3, 1996, the Planning Com-
mission conducted a public hearing on your conditional use permit
application to establish a card parlor within an existing building.
After discussion, the Planning Commission voted to approve
Conditional Use Permit #96009 based on the Findings and Conditions
of Approval contained in the staff report, dated September 3, 1996 .
The decision of the Planning Commission is final unless appealed.
If it isY our desire to appeal, it will be necessary to no
leter stating reasons for the appeal, accompanied by a $200 fee
later than 5 : 00 p.m. , September 17, 1996 .
It is not necessary to file environmental documents with the County
Assessor on this project. Enclosed please find your check made out
to the County Recorder in the amount o $25.00 .
Please call the Planning Division should you have any questions
regarding this matter.
Sincerely,
Steven L. Decamp
City Planner
City of Atascadero
Cph
Encl: County Recorder Check
cc: El Camino Associates
•
6500 PALMA AVENUE ATASCADERO,CA 93422
Building Permits: (805)461-5040 Planning: (805)461-5035 Enforcement: (805)461-5034 Director: (805)461.5097 City Fax: (805)40.-060
000030
CITY OF ATASCADERO Item: B . 1
STAFF REPORT
FOR: Planning Commission Meeting Date: September 3, 1996
BY: Kelly Heffernon, Administrative Analyst File No: CUP #96009
SUBJECT•
Consideration of a conditional use permit application for a card
parlor.
RECOMMENDATION
Staff recommends approval of Conditional Use Permit#96009, based
on the Findings contained in Attachment (F) , and subject to the
Conditions of Approval contained in Attachment(G) .
A. SITUATION AND FACTS:
1. Applicant. . . . . . . . . . . . . . . . Michael Schreiber
2. Project Address. . . . . . . . . . 6901 E1 Camino Real
4 . Legal Description. . . . . . . . Hotel Park R.M. Blk. 4, Pg. 70
5. Site Area. . . . . . . . . . . . . . . Approximately 3,000 square feet'
6 . Zoning. . . . . . . .. . . .. . . . . . . Downtown Zone 4 (Commercial
Zone)
7. General Plan Designation. Downtown Zone 4(Commercial
(Zone)
8. Existing Use. . . . . . . . . . . . . Vacant commercial space located
between a bowling alley &
billiards hall
9. Environmental Status. . . . . Negative Declaration posted
Per CUP 18-88 (Bowling Alley)
B. ANALYSIS•
The applicant proposes to establish a card parlor within an
existing building located at 6901 E1 Camino Real (see Attachments
A and B) . Card parlors are considered "amusement services" under
the Zoning Ordinance and are conditionally allowed uses in the
Downtown Zone 4 (Commercial Zone) .
A site plan and floor plan for the proposal are contained in
1
000031
Attachments C & D, respectively. As the site plan shows, the
proposed card parlor site will occupy a vacant space in the
existing Century Plaza Shopping Center between two other
entertainment uses - the Creekside Lanes Bowling Alley and the
Golden Cue Family Billiards room. The card parlor would include
eight tables, each of which would accommodate nine (9) players and
one card dealer. All patrons would have to be at least 21 years of
age. The proposed hours of operation are 24 hours a day, seven
days a week. There will be round-the-clock security and
surveillance. Although a liquor license has not yet been secured,
the applicant does intend to serve beer and wine. Food will also
be served.
A developer' s statement has been included in this application,
which further describes the applicant's request (Attachment E) .
Parking Lot Design
The previous Master Plan provided parking for ultimate development
of the project and several of those buildings have yet to be
constructed. Parking is assumed to be sufficient given the
original assessment of parking requirements in both the Master Plan
and Bowling Center approval. Pursuant to the Zoning Ordinance,
parking for the proposed type of "amusement service" must be
provided at a ratio of 1/100 (one space for each 100 square feet of
floor area) . The proposed card parlor, occupying 3,000- square
feet, would therefore require thirty (30) parking spaces. It
should be noted, however, that Century Plaza has evolved from
primarily a retail center to an entertainment one creating a
greater demand for night parking and a lesser demand during the
da The
y• shared peak-hour adjustment recognizes the differing
g
parking demands of retail and entertainment uses by allowing a 75%
reduction inark'
in s
p g spaces
required for the more intensive use.
The Ordinance also allows parking space reductions for shared on-
site parking adjustments and peak hour parking which this proposal
qualifies for and which was previously granted with CUP 18-88.
Review by Other Agencies
Building Division staff has indicated that the applicant must
provide tentative improvement drawings and energy documentation
from a registered architect or engineer.
The Fire Department staff commented as follows:
1. The sprinkler system in tenant space must be installed
according to NFPA pamphlet #13. Plans must be submitted for
system expansion at the time of application for building
permit. 24 hour supervision is required per NFPA #13.
2 . A 2A:10BC rating hand-portable fire extinguisher is required.
The recommended placement is near the doorway in path of
2
000032
egress .
• 3. All structures must be clearly identified by a sign with
minimum 5" high numbers on a contrasting color backboard. The
detail is recommended to be shown on a .building elevation
detail, sign detail, and/or site plan.
4. Tenant improvements must conform to UBC and UFC requirements
for group A division 4 occupancy classification.
The Police Department staff indicated that according to the Gaming
Registration Act of 1983, anyone who owns, manages or holds
financial interest in a cardroom, must register with the Attorney
General' s Office on an annual basis.
Environmental Review
A Negative Declaration was prepared in accordance with the
California Environmental Quality Act (CEQA) for the original Master
Plan. Since all proposed site improvements are existing, the
impact of this project on the environment is minimal. The project
does have the potential to increase vehicular movement in the area.
However, it is anticipated that the project will not cause any
significant adverse impacts due to increased congestion. The
approval of the Bowling Center envisioned a similar use at this
location and is compatible with both the bowling alley and
billiards room.
CONCLUSIONS•
The proposed card parlor, -with the conditions of approval contained
herein, is consistent with the General Plan and all implementing
ordinances.
ATTACHMENTS:
Attachment A -- Location Map (General Plan)
Attachment B - Location Map (Zoning)
Attachment C -- Site Plan
Attachment D -- Floor Plan
Attachment E -- Developer' s Statement
Attachment F -- Findings for Approval
Attachment G -- Conditions of Approval
CUP92010.sr
3
000033
CITY NEAS C ADERO ATTACHMENT A
'.�� =+,,� —�•� LOCATION MAP
COMMUNITY DEVELOPMENT GENERAL PLAN
DEPART,vfENT CUP 96009
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000034
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CONLNIUNITY DEVELOPMENT cord`^.ERCIAL ZONE
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000035
, �. CITY OF ATASCADERO
ATTACHMENT C
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• Michael Schreiber
Proposed Card Room
00003'7
ATTACHMENT E
CITY OF ATASCADERO
CONDITIONAL USE PERMIT APPLICATION
MICHAEL J. SCHREIBER
Supplementary Development Statement .
Scope
The proposed project involves the leasing of vacant commercial
space and the construction of certain tenant improvements for the
purpose of operating an eight (8) table card room at 6901 E1
Camino Real. The lease space is situated between two other
entertainment uses (a bowling alley and a billiards hall) ,
creating an ideal setting for such an enterprise.
At this time, we anticipate that the hours of operation will be 24
hours a day, seven days a week. The hours of operation may be
adjusted according to actual market demand.
The proposed project will be a first class development, with good
service/cuisine, and round-the-clock security and surveillance.
Schedule
Local/CUP Approvals 8 to 12 weeks
Design/entitlements 8 to 10 weeks
Construction Process 10 to 12 weeks
Total Range 26 to 34 weeks
It is our goal to be good neighbors to the surrounding businesses
and to the City of Atascadero.
Respectfully,
i
vVV
Michael J. Schreiber
10717 Wilshire Boulevard, #1101
Los Angeles, CA 90024
310-475-1596
000038
ATTACHMENT F - Findings for Approval
Conditional Use Permit #96009
6901 E1 Camino Real (Schreiber)
September 3, 1996
ENVIRONMENTAL FINDING:
The proposed project will not have a significant impact on the
environment. The Negative Declaration previously prepared for
the project is adequate.
FINDINGS:
1. The proposed project is consistent with the General Plan.
2. The proposed project, as conditioned, satisfies all
applicable provisions of the Zoning Ordinance.
3. The establishment, and subsequent operation and conduct of
the use will not, because of circumstances and conditions
applied in the particular case, be detrimental to the
health, safety, or welfare of the general public or persons
residing or working in the neighborhood of the use, or be
detrimental or injurious to property or improvements in the
vicinity of the use.
4 . The proposed project will not be inconsistent with the
character of the immediate neighborhood or contrary to its
orderly- development.
5. The proposed project, as conditioned, will not generate a
volume of traffic beyond the safe capacity of all roads
providing access to the project, either existing or to be
improved in conjunction with the project, or beyond the
normal traffic volume of the surrounding neighborhood that
would result from full development in accordance with the
Land Use Element.
6 . The proposed project is consistent with the City' s
Appearance Review Guidelines.
CUP-96009.fin
000039
ATTACHMENT G - Conditions of Approval
Conditional Use Permit #96009
6901 El Camino Real (Schreiber)
September 3, 1996
CONDITIONS OF APPROVAL:
1. Development of the site shall be in conformance with
Attachment C (Site Plan) and Attachment D (Floor Plan) . . All
applicable provisions of the Atascadero Municipal Code shall
apply to the project and any substantial modification of
land use not authorized hereby shall require approval of the
Planning Commission.
2. Tentative improvement drawings and energy documentation from
a registered architect or engineer must be submitted.
3. The sprinkler system must be installed according to NFPA
pamphlet #13. Plans must be submitted for system expansion
at the time of application for building permit. 24 hour
supervision is required per NFPA #13.
4 . A 2A: 10BC rating hand-portable fire extinguisher is
required. The recommended placement is near the doorway in
path of egress.
5. All structures must be clearly identified by a sign with
minimum 5" high numbers on a contrasting color backboard.
The detail is recommended to be shown on a building
elevation detail, sign detail, and/or site plan.
6 . Tenant improvements must conform to UBC and UFC requirements
for group A division 4 occupancy classification.
7 . The tenant must register with the Attorney General' s Office
on an annual basis (per the Gaming Registration Act of
1983) .
8. All aspects of the project shall be subject to the review
and approvals necessary to secure and final building permits
and/or encroachment permits, where applicable.
9 . All signs must conform with the approved signage master
plan.
000040
10. This Conditional Use Permit approval shall expire one ( 1)
year from the date of final approval, unless:
a. Substantial site work toward establishing the
authorized use has been performed, as defined in
Section 9-2. 114 of the Zoning Ordinance; or
b. The project is completed, as defined in Section 9-2. 115
of the Zoning Ordinance (i.e. , other conditions have
been met and the use established) ; or
C. An extension has been granted, as defined in Section 9-
2. 118 of the Zoning Ordinance; or
d. A building moratorium is imposed on the project site.
CUP96009.con
•
000041
ATTACHMENT G - Conditions of Approval
Conditional Use Permit #96009
6901 E1 Camino Real (Schreiber)
September 3, 1996
CONDITIONS OF APPROVAL:
1. Development of the site shall be in conformance with
Attachment C (Site Plan) and Attachment D (Floor Plan) . All
applicable provisions of the Atascadero Municipal Code shall
apply to the project and any substantial modification of
land use not authorized hereby shall require approval of the
Planning Commission.
2. Tentative improvement drawings and energy documentation from
a registered architect or engineer must be submitted.
3. The sprinkler system must be installed according to NFPA
pamphlet #13. Plans must be submitted for system expansion
at the time of application for building permit. 24 hour
supervision is required per NFPA #13.
4. A 2A: 10BC rating hand-portable fire extinguisher is
required. The recommended placement is near the doorway in
path of egress.
5. All structures must be clearly identified by a sign with
minimum 5" high numbers on a contrasting color backboard.
The detail is recommended to be shown on a building
elevation detail, sign detail, and/or site plan.
6. Tenant improvements must conform to UBC and UFC requirements
for group A division 4 occupancy classification.
7 . The tenant must register with the Attorney General's Office
on an annual basis (per the Gaming Registration Act of
1983) .
B. All aspects of the project shall be subject to the review
and approvals necessary to secure and final building permits
and/or encroachment permits, where applicable.
9. All signs must conform with the approved signage master
plan.
000042
10. This Conditional Use Permit approval shall expire one (1)
year from the date of final approval, unless:
• a. Substantial site work toward establishing the
authorized use has been performed, as defined in
Section 9-2. 114 of the Zoning Ordinance; or
I
b. The project is completed, as defined in Section 9-2. 115
of the Zoning Ordinance (i.e. , other conditions have
been met and the use established) ; or
C. An extension has been granted, as defined in Section 9-
2. 118 of the Zoning Ordinance; or
d. A building moratorium is imposed on the project site.
CUP96009.con
i
000O43
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item• g-1
Through: Andrew Takata, City Manager Meeting Date: 09/24/96
File Number: ZC 96009
Via: Steven L. DeCamp, City Planner TTM 96009
From:_M Doug Davidson, Senior Planner
SUBJECT:
Consideration of an appeal of Conditions of Approval #17, #29, #30,
and #31 of Tentative Tract Map 96009 as approved by the Planning
Commission. The project is a request to subdivide a 3. 61 acre
property into twenty-four (24) lots for single family residential
development using the Planned Development Overlay Zone #7 (PD7) .
Subject site is located at 10780 E1 Camino Real
(Shannon/Shores) (Sholders Surveys) .
RECOMMENDATION•
Staff recommends denial of the appeal and approval of the project
per the. following actions as recommended by the Planning
Commission:
1. Ordinance No. 312 - Read by title only and approve on first
reading amending Map 23 of the Official Zoning Maps by
rezoning certain real property at 10780 E1 Camino Real from
RMF/16 to RMF/16 (PD7) .
(2) Approval of Tentative Tract Map 96009 based on the Findings
and Conditions of Approval contained in the attached Planning
Commission staff report, dated September 3, 1996.
BACKGROUND:
On September 3, 1996, the Planning Commission conducted a public
.hearing on the above-referenced applications. After discussion
(see the attached minutes excerpts) the Planning Commission
recommended approval of Zone Change 96009 (6: 1 vote) and Tentative
Tract Map 96009 (5:2 vote) . On September 9, 1996, an appeal of the
Conditions of Approval cited above was filed by the applicant. The
reasoning behind the staff recommendation regarding the appealed
conditions is contained in the September 3rd report to the Planning
Commission.
Under the PD7 guidelines, an individual lot can not exceed 350
building coverage (condition #29. ) The fact that the average
building coverage of the subdivision is 35 % and that the proposed
homes are single story should not justify an exception to the
standard. Nor should the fact that another project was recently
approved at an average of 35%. This is a different project - a
0000,111
higher density development - that should provide the proper
coverage on each lot. The majority of the proposed parcels are
between 40 and 45% coverage - it is only by adding the larger lots
on the cul-de-sac that the average comes down to 35%.
Although not specific requirements of the PD7 zone, the
requirements for respecting the front setback from El Camino Real
(condition #30) and providing open space/recreational area
(condition #31) are appropriate for high density developments and
to maintain neighborhood consistency. A 25 foot setback for Lot 24
would maintain a consistent street pattern along El Camino Real
and mirror the increased front setback (due to the detention basin)
of Lot 1. Multiple family projects of eight units or more are
required to provide common open space. A high density project,
even if single family residential, should provide this form of
amenity for the neighborhood it is creating. This is also
consistent with other project approvals in the vicinity.
The recommended conditions go beyond the minimum requirements. PD
projects are specifically intended to provide a beneficial effect
above and beyond a typical multiple family project. The adoption
of development standards for the PD7 zone is an example of defining
some of the special benefits envisioned for these projects. In
order to approve a PD project, and thus reduce the minimum lot size
in the Multiple Family zones, a Finding must be made that the
project offers certain redeeming features." The recommended
conditions from the staff and Commission try to ensure these
features by creating a sense of neighborhood for the subdivision.
Although not stated in the letter of appeal, it is assumed that the
appeal of Condition #17 relates to the City standard 50 foot
right-of-way for new streets. Lareto Court as designed and
approved by the Planning Commission meets the City standard.
Planning staff has recently supported a narrower 40 foot right-of-
way for several PD subdivisions. In those other cases, the 40 foot
right-of-way serves low density multiple family projects, respects
native trees, and recognizes site constraints, such as soils and
topography. This high density project, located on a level parcel
with no native trees, and served by a linear cul-de-sac, seemed to
be an appropriate project for City standard street improvements.
Staff could possibly support the narrower right-of-way, but it
should be noted that the lots will still exceed 35% building
coverage with a 40 foot street width.
cc: Richard Shannon
Jim Shores
Sholders Surveys
Attachments: Letter of Appeal dated 9/9/96
Ordinance No. 312
Planning Commission Staff Report - September 3, 1996
Minutes Excerpts - September 3, 1996
0000,15
•
Planning Department
City of Atascadero
6500 Palma Ave.
Atascadero, CA 93422 9/9/96
RE: 10780 El Camino Real, Tentative Tract Map 96009"Loreto Court".
Dear Doug:
We wish to appeal to the City Council for discussion the following conditions of
the above Tract Map;
#17. Street Improvement Standards.
#29. 35% lot coverage.
#30. 25` Setback from El Camino Real.
#31. Common area open space requirement.
Enclosed is our check in the amount of$200.00 for the appeal fee.
Sincerely,
SLVI
Richard Shannon Jim Shores
a _
F
y d
�.� 00001-6
ORDINANCE NO. 312
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
ATASCADERO AMENDING MAP 23 OF THE OFFICIAL ZONING
MAPS BY REZONING CERTAIN REAL PROPERTY AT 10780 EL CAMINO REAL
FROM RMF/16 TO RMF/16 (PD7)
(ZC 96009: SHANNON\SHORES\SHOLDRES)
WHEREAS, the proposed zoning map amendments are consistent
with the General Plan in effect at the time of application
acceptance, as required by Section 65860 of the California
Government Code; and
WHEREAS, the proposed amendments are in conformance with
Section 65800 et seq. of the California Government Code concerning
zoning regulations; and
WHEREAS, the proposed amendments will not have a significant
adverse impact upon the environment. The Negative Declaration
prepared for the project is adequate; and
WHEREAS, the Atascadero Planning Commission held a public
hearing on September 3, 1996, and has recommended approval of Zone •
Change 96009.
NOW, THEREFORE, the Council of the City of Atascadero does
ordain as follows:
Section 1 . Council Findings.
1 . The proposal is compatible with surrounding land uses
and the zoning in effect at the time of application
acceptance.
2 . The proposal is consistent with the General Plan
in effect at the time of application acceptance.
3. The proposal will not result in any significant adverse
environmental impacts. The Negative Declaration
prepared for the project is adequate.
4 . Modification of development standards or processing
requirements is warranted to promote orderly and
harmonious development.
5. 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.
0000}'7
Ordinance No. 312
Page 2
6. Benefits derived from the overlay zone cannot be
reasonably achieved through existing development
standards or processing requirements.
7 . The proposed plans offer certain redeeming features to
compensate for requested modifications.
Section 2. Zoning Map.
Map number 23 of the Official Zoning Maps of the City of
Atascadero on file in the City Community Development Department is
hereby amended to reclassify the parcel listed below, and shown on
the attached Exhibit A, which are hereby made a part of this
ordinance by reference.
Ptn. Lot 5; Block 35; Atascadero Colony
Assessor's Parcel 045-351-007
Development of said property shall be in accordance with the
standards of the Planned Development Overlay Zone No. 7, the Tract
• Map (Tract 2233) shown on the attached Exhibit B, and any
conditions of approval imposed during the approval of this zone
change, Tentative Tract Map 94005, and/or any other associated
applications.
Section 3. Publication.
The City Clerk shall cause this ordinance to be published once
within fifteen (15) days after its passage in the Atascadero News,
a newspaper of general circulation, printed, published, and
circulated in the City in accordance with Section 36933 of the
Government Code; shall certify the adopting and posting of this
ordinance and shall cause this ordinance and this certification
together with proof of posting to be entered into the Book of
Ordinances of the City.
Section 4 . Effective Date.
This ordinance shall go into effect and be in full force and
effect at 12 : 01 a.m. on the 31st day after its passage.
On motion by and seconded by
the foregoing Ordinance is approved by
the following o ing roll call vote:
•
0000,18
Ordinance No. 312
Page 3
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
GEORGE P. HIGHLAND, Mayor
ATT •
EST:
LEE PRICE, City Clerk
APPROVED AS TO FORM:
ARTIER R. MONTANDON, City Attorney
PREPARED BY:
STEVEN L. DECAMP, Acting Community Development Director
000049
ORDINANCE NO. '3/2_ EXHIBIT A
Page of
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New Zone="ABC'
• Old Zone=(XYZ)
All Overlay Zones to remain unchanged
00000-0
ORDINANCE NO.3J2— EXHIBIT B
Page S of 5
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000051
CITY OF ATASCADERO Item: B . 2
STAFF REPORT
FOR: Planning Commission Meeting Date: September 3, 1996
BY:,Q9•Doug Davidson, Senior Planner File No: TTM #96009
SUBJECT:
Consideration of a tentative tract map application to subdivide a
3. 61 acre property into twenty-four (24) lots for single family
residential development using the Planned Development Overlay
Zone #7 (PD7) .
RECOMMENDATION:
Staff recommends the following actions:
1 . That the Negative Declaration prepared for the project be
found adequate under the requirements of the California
Environmental Quality Act (CEQA) ; and
2 . That Zone Change be recommended for approval to the City
Council based on the Findings contained in Ordinance 312 .
3 . That Tentative Tract Map #96009 be recommended for approval
to the City Council based on the Findings for Approval
contained in Attachment J and the Conditions of Approval
contained in Attachment K.
A. SITUATION AND FACTS:
1 . Applicant. . . . . . . . . . . . . . . . . . . .Shannon/Shores
2 . Representative. . . . . . . . . . . . . . .Sholders Surveys
3. Project Address. . . . . . . . . . . . . . 10780 E1 Camino Real
4 . Site Area. . . . . . . . . . . . . . . . . . . .3. 61 acres
6. Zoning. . . . . . . . . . . . . . . . . . . . . . .RMF-16 (Res. Mult. Family,
16 units/acre maximum)
7 . General Plan Designation. . . . .High Density Multi-Family
8 . Existing Use. . . . . . . . . . . . . . . . .Single Family Residence
9. Environmental Status. . . . . . . . .Negative Declaration
posted August 13, 1996
1
000052
B. ANALYSIS:
The proposed project is the subdivision of a 3 . 61 acre parcel
into twenty-four (24) lots for single family residential
development. The proposed lots range from 4, 327 square feet to
9, 355 square feet, with most of the parcels being approximately
4, 500 to 5, 000 square feet in size. There are three different
floor plans with an architectural mixture of horizontal wood and
plaster siding construction. Living areas range from
approximately 1, 242 square feet to 1, 605 square feet, exclusive
of the two-car garage. The minimum lot size in the RMF-16 zone
is one-half acre; thus the applicant is requesting the Planned
Development Overlay Zone #7 (PD7) to allow for a small lot
subdivision.
Planned Development Overlay Zone No.7
Planned Development Overlay Zones (Section 9-3. 641) are used to
modify development standards "to promote orderly and harmonious
development and to enhance the opportunity to best utilize
special characteristics of an area. " The intent of the PD zones
is to provide a "beneficial effect" that cannot be realized by
applying the existing standards. As contained in Zoning
Ordinance Section 9-3. 651, the PD7 Zone was established for small
lot residential subdivisions.
The PD7 Overlay is the appropriate method to establish smaller
lot sizes in the multiple family zones. In this case, the
"beneficial" effect is a home ownership opportunity and the
inhibiting standard is the one-half acre minimum lot size
requirement. The minimum lot size may be decreased as long as
the overall density is not exceeded. Twenty-four (24) three-
bedroom units are the allowed maximum density on a site of this
size and terrain in the RMF-16 zone. Since four two-bedroom
units are proposed in the mix, the project is under the allowed
density. These lot sizes are net acreage - the right-of-way for
the new cul-de-sac has been subtracted from the site.
The PD7 Overlay is a good tool to cluster a residential
development and preserve some open space or, or provide for a
small lot subdivision. This is clearly the latter type; an
"infill" project similar to the nearby Patria Village.
The subdivision is designed in compliance with most of the PD7
standards . The PD7 building setbacks are satisfied, as well as
the amount of landscaping and open space. These design standards
ensure that the living areas of the homes are highlighted within
the subdivision (as opposed to the garages) and that adequate
individual yard areas are provided. Sufficient parking is
2
000053
provided with each unit having a two-car garage and a guest space
provided in the driveway. Lareto Court is designed per City
Engineering and Fire standards. A condition is recommended to
ensure that each lot has the minimum frontage (45 on the straight
street and 40 feet on the cul-de-sac) - two lots appear slightly
short of this requirement.
The proposed subdivision is not in compliance with the PD7 zone
building coverage standard as contained in Section 9-3. 651 (g) .
The building coverage (residence plus garage footprint) in PD
zones is limited to 35 percent of the individual lot area. With
the exception of the lots at the end of the cul-de-sac, the
proposed parcels exceed 40 percent building coverage. The
applicants argue that the average building coverage does not
exceed 35 percent and that the proposed homes are single-story.
Although one PD subdivision was recently approved in which an
average of 35 percent was accepted, the coverage standard remains
35% and each PD is on a analyzed case-by-case basis. This is a
Y Y
high density project with a uniform layout; a situation where
providing the proper coverage e should be incorporated. The fact
that the units are single-story does not justify increasing the
building coverage. It is only with the addition of the lots on
the cul-de-sac lots that the average buildinge comes down
coverage
to 35 -ercent the t o long g section rows of homes on the straight s i n 0 f
Laret
o Court are between 40 and 45P ercent building coverage.
Typical developments in the High Density Multiple Family zones
must provide outdoor recreation area at a ratio of 300 square
feet per unit.
For projects ects of eight 8 units or more the
P J g ( ) ,
emphasis is on common open space. In light of the density of the
ro
proposed project and a desire P P J e to create a sense of neighborhood,
the subdivision shouldP rovide some common area. This would be
consistent with the neighboring high density developments. The
Vista del Norte project provides a swimming pool and tennis
court, while the similar Patria Village provides two recreation
areas (one passive, one active) along the rear of the project.
For these reasons, staff is recommending that the area of
proposed Lot 12 be devoted to open space/recreational purposes.
The proposed lots and building placement in conjunction with a
long, straight cul-de-sac makes for a linear, constant
development pattern. The Appearance Review Guidelines contain
the following policy language (pages 10 and 26, respectively) to
provide some variation in such projects:
"In-row" type residential development should be varied as to
setback and height to provide visual relief. "
3
000054
"Monotony of design in single or multiple building projects
shall be avoided. Variation of detail, form, and siting
shall be used to provide visual interest. In multiple
building projects, variable siting or individual buildings
may be used to prevent a monotonous appearance. "
Hence, to break up the long row of homes, staff is suggesting
that every other residence be setback an additional five feet,
with the exception of those on the cul-de-sac.
Lastly, although the PD7 setback standards are met, staff
believes that the standard 25 front setback from El Camino Real
should still be respected. By recognizing the parent lot for
front setback purposes, a consistent front setback can be
maintained from the street. Furthermore, increasing the setback
from E1 Camino Real of the home on proposed Lot 24, relates to
the increased setback on Lot 1, due to the detention basin.
Subdivision Ordinance
The fundamental considerations in subdivision design are
contained in Chapter 8 of the Subdivision Ordinance (Section 11-
8 . 101) as follows:
"The layout of streets and lots within a subdivision shall
be consistent with the densities and types of uses
authorized by the General Plan, specific plans, and zoning.
The subdivision design shall also recognize the physical
conditions of the site, such as slope, soil types, and
adjacent land use, which may further limit uses of the
property. The subdivider must simultaneously consider such
factors as terrain, solar exposure, development objectives,
and options available under these regulations in order to
design a subdivision which best meets the needs of those who
will occupy it as well as the community as a whole. "
As conditioned, staff believes that this project is a good symbol
of the above language. The site and building design,
particularly when the front setbacks of the units are staggered,
will be compatible in a complementary way, not in an identical
fashion. The recommended conditions attempt to avoid a
monotonous residential pattern and create a small-scale sense of
community. By providing common open space, staggering the "in-
line" row of homes, respecting the El Camino Real setback, and
observing the coverage requirements the subdivision can offer
some more redeeming features and justify a PD7 zone.
•
4
000055
C• CONCLUSIONS:
The proposed project, as conditioned, is in compliance with the
City' s development standards, as contained primarily in the PD7
section of the Zoning Ordinance. Furthermore, besides meeting
these specific standards, the proposed PD carries out some of the
following fundamental policies of the Housing Element:
"Continue to encourage, where suitable, Planned Development
Overlay Zones (PD) , particularly the PD7 zone of small lot
subdivisions for single family ownership. " (p.VI-32 (e)
"The City will encourage "infill" and intensification of
land which is suited to meet housing needs within the Urban
Services Line. " (p.VI-44 (b)
The project will provide a substantial number of new housing
opportunities , particularly for first time homebuyers. The PD7
guidelines, along with the recommended design features that other
projects in the vicinity have incorporated, will make for a sense
of community on Lareto Court.
ATTACHMENTS :
Attachment A - Location Map (General Plan)
Attachment B - Location Map (Zoning)
Attachment C Tentative Tract Map
Attachment D - Typical* Front Yard Landscape Plan
Attachment E - Typical Elevations
Attachment F - Floor Plan Example
Attachment G - Supplemental Development Statement
Attachment H - Negative Declaration
Attachment I - Draft Ordinance 312
Attachment J - Findings for Approval (Map)
Attachment K - Conditions of Approval
5
000056
ATTACHMENT A
j CITY OF ATASCADERO LAND USE MAP
TTM/Z C 96009
COMMUNITY DEVELOPMENT
DEPARTMENT
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HIGH i
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0000U)'7
ATTACHMENT B
CITY OF ATA ZONING MAP
,� .. SCADERO
TTM/ZC 96009
COMMUNITY DEVELOPMENT
DEPARTMENT
RSF•Z (PD7)
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00005S
ATTACHMENT C
CITY OF ATASCADERO TRACT MAP
F,�.f� � COMMUNITY DEVELOPMENT TTM/ZC 96009
DEPARTMENT
L GENDf
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U0M)9
ATTACHMENT D
�` ; CITY OF ATASCADERO
FRONT YARD PLAN
�-•u�■•'do "' t �:n-�
; �� COMMUNITY DEVELOPMENT TTM/zc 96009
• „� DEPARTMENT
WOOD FENCE
TYPICAL RESIDENCE FOOTPRINT ALL PROPERTY LIKES
3' WOOD GATE
T
ELECT. AND GAS MEERS'
t GAL. SHRUBS:
RAPHIOLEPIS. EUONYMyS.
3/t• FLOAT ROCK ESCALLONIA. AMC) NANpluk
BARK MULCH AT PLANTERS
147
CONC WALK
t 4/'
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t \.
TURF LAWN TURF LAWN AREA � � 5 GAL. TREE: LIQUIDAR98AS
}OR PURPLE LEAF PLUM
—__— PROPERTY LINE
'CURB,GUTTER. AND SIDEWALK
TYPICAL FRONT YARD LANDSCAPE `PLAN �/_•-�-o•
000060
T� ATTACHMENT E
CITY OF ATASCADERO ELEVATIONS
.�..
�'"�"�i'�a - ' ��'�•�
COMMUNITY DEVELOPMENT TTM/ZC 96009
DEPARTMENT
COMPOSITION SHINGLE ROOF
Ei
PLASTER TRIM CEMENT PLASTER
TYPE 2-R-S SHOWN REVERSE FOR TYPE 2-L-S
6
COMPOSITION SHINGLE ROOF
�— - !
HARDBOARD SIDING WOOD TRIM
TYPE 2-L-W SHOWN REVERSE FOR TYPE 2-R-W
FRONT ELEVATION - TYPE 2-L AND 2-11
000061
i -
CITY OF ATASCADERO ATTACHMENT FFLOOR PLAN EXAMPLE
COMMUNITY DEVELOPMENT TTM/ZC 96009
DEPARTMENT
M. BEDROOM
i
_-M. BATH
j -
f. - ; 1 �
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BEDROOM p
1
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DINING
BEDROOM
f ' _
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GARAGE
LIVING jtOOM _
ENTRY
PORCH
3 BEDROOM - 2 BATH 1490 S.F.
FLOOR PLAN - TYPE 2-L REVERSE FOR TYPE 2-R -
000062
i
.S lDFS L _A 7 S LTR J ,Y1;4 ATTACHMENT G
DOUGLAS SHOLDERS, L.S. #5700
0
DEVELOPER'S STATEMENT
ENVIRONMENTAL SETTING FOR TRACT 2233
(Being a 24 Lot Planned Development of a portion of lot 5, Block
35 of Atascadero Colony)
The site, said Lot 5, as it exists, is a 3.61 acre parcel of
land with a single family house and garage and 6 existing small
trees (2-811), two large eucalyptus trees (30-36" ) and no oak
trees. The terrain is open, with native grasses and an average
slope of 4% to E1 Camino Real. The west side is bounded by US
Highway 101 and the property to the immediate north is Tract
1183, a condominium project still in progress. Across the street,
to the east, are existing single family houses and apartments,
and is zoned RMF-16. The property to the south currently is a
single family residence, also zoned RMF-16.
The owners, Richard Shannon and Jim Shores, first considered
building out 52 apartment dwellings on this site. However, they
opted to proceed with a Planned Development with 24 proposed lots
since they felt there was more of a new for affordable housing in
the Atascadero community.
The developers plan to buffer the noise impact from Highway
101 by planting tall trees (such as cypress or pines) at the
westerly ten feet of the property that abuts 101. The development
can be graded so that all lots drain to street. At the easterly
end of proposed cul-de-sac, all stormwater to be held in deten-
tion area with 4:1 slopes and metered out to the street towards
the south. Virtually the only water that must be accounted for is
the 3.6 acres itself, since property currently crowns in middle
of E1 Camino, with some drainage going toi north and some to
south. There is very little contributary water coming from the
neighbor to south.
Do las Sholders
Agent for Developers
lie
6805 Los Gatos Road-Atascadero, CA 93422 - (805) 461-9113
000063
ATTACHMENT 14
CITY OF ATASCADERO
as. fill
ENVIRONMENTAL COORDINATOR
77
CAI)'�� NEGATIVE DECLARATION
COMMUNITY DEVELOPMENT DEPT. 6500 PALMA AVE. ATASCADERO, CA 93422 (805) 461-5035
s
APPLICANT: RICHARD SHANNON/JIM SHORES
5070 SAN BENITO ROAD
ATASCADERO, CA 93422
i
s
PROJECTTITLE: TENTATIVE TRACT MAP 96009 '
1
PROJECT LOCATION: 10780 EL CAMINO REAL
i
i
3
PROJECT DESCRIPTION: 'DIVISION OF A 3 . 61 ACRE PARCEL INTO 24 RESIDENTIAL
PARCELS, RANGING IN SIZE FROM 4, 327 SQUARE FEET TO 9, 355 SQUARE FEET,
USING THE PLANNED DEVELOPMENT OVERLAY ZONE NO. 7 (PD7) .
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-tern environmental goals.
3. The project does not have impacts which are individually limited, but comulatively considerable.
4. The project will not cause substantial adverse effects on human beings either directly or indirectly.
DETERIM NATION:
Based on the above findings, and the information contained in the initial study(made a part hereof by refer-
ence 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.
STEVEN L. DECAMP
CITY PLANNER . Z
Date Posted: i:AUGUST 13, 1996
Date Adopted: SEPTEMBER 3, 1996
- CDD 11.84
000064
ATTACHMENT I
ORDINANCE NO. 312
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
ATASCADERO AMENDING MAP 23 OF THE OFFICIAL ZONING
MAPS BY REZONING CERTAIN REAL PROPERTY AT 10780 EL CAMINO REAL
FROM RMF/16 TO RMF/16 (PD7)
(ZC 96009: SHANNON\SHORES\SHOLDRES)
WHEREAS, the proposed zoning map amendments are consistent
with the General Plan in effect at the time of application
acceptance, as required by Section 65860 of the California
Government Code; and
WHEREAS, the proposed amendments are in conformance with
Section 65800 et seq. of the California Government Code concerning
zoning regulations; and
WHEREAS, the proposed amendments will not have a significant
adverse impact upon the environment. The Negative Declaration
prepared for the project is adequate; and
WHEREAS, the Atascadero Planning Commission held a public
hearing on September 3, 1996, and has recommended approval of Zone
Change 96009.
NOW, THEREFORE, the Council of the City of Atascadero does
ordain as follows:
Section 1. Council Findings.
1. The proposal is compatible with surrounding land uses
and the zoning in effect at the time of application
acceptance.
2. The proposal is consistent with the General Plan
in effect at the time of application acceptance.
3. The proposal will not result in any significant adverse
environmental impacts. The Negative Declaration
prepared for the project is adequate.
4. Modification of development standards or processing
requirements is warranted to promote orderly and
harmonious development.
5. 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.
000065
i
Ordinance No. 312
Page 2
6. Benefits derived from the overlay zone cannot be
reasonably achieved through existing development
standards or processing requirements.
7. The proposed plans offer certain redeeming features to
compensate for requested modifications.
Section 2. Zoning Map.
Map number 23 of the Official Zoning Maps of the City of
Atascadero on file in the City Community Development Department is
hereby amended to reclassify the parcel listed below, and shown on
the attached Exhibit A, which are hereby made a part of this
ordinance by reference.
Ptn. Lot 5; Block 35; Atascadero Colony
Assessor's Parcel 045-351-007
Development of said property shall be in accordance with the
standards of the Planned Development Overlay Zone No. 7, the Tract
Map (Tract 2233) shown on the attached Exhibit B, and any
conditions of approval imposed during the approval of this zone
change, Tentative Tract Ma and/or Map 94005 a d/o any other associated
applications.
Section 3. Publication.
The City Clerk shall cause this ordinance to be published once
within fifteen (15) days after its passage in the Atascadero News,
a newspaper of general circulation, printed, published, and
circulated in the City in accordance with Section 36933 of the
Government Code; shall certify the adopting and posting of this
ordinance and shall cause this ordinance and this certification
together with proof of posting to be entered into the Book of
Ordinances of the City.
Section 4 . Effective Date.
This ordinance shall go into effect and be in full force and
effect at 12 : 01 a.m. on the 31st day after its passage.
On motion by and seconded by
, the foregoing Ordinance is approved by
the following roll call vote:
000066
• II
Ordinance No. 312
Page 3
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
GEORGE P. HIGHLAND, Mayor
•
ATTEST:
LEE PRICE, City Clerk
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
PREPARED BY:
STEVEN L. DECAMP, Acting Community Development Director
•
000067
ORDINANCE NO. 3�2. EXHIBIT A
Page of
rz
Rs
/ .a .
FROM : RMF- Ib)
To "RANI F- Ito C pjnS
New Zone="ABC'
Old Zone=(XYZ)
All Overlay Zones to remain unchanged
Q 00 0GS
ORDINANCE NO.3/.2._ EXHIBIT B
Page of .5
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•
000069
ATTACHMENT J - Findings for Approval
Tentative Tract Map #96009
10780 El Camino Real (Shannon/Shores/Sholders)
September 3, 1996
ENVIRONMENTAL FINDING:
The proposed project will not have a significant impact on the
environment. The Negative Declaration prepared for the project
is adequate.
MAP FINDINGS:
1 . The proposed subdivision is consistent with applicable
General and Specific Plans.
2 . The design and/or improvement of the proposed subdivision is
consistent with applicable General and Specific Plans .
3. The site is physically suitable for the type of development
proposed.
4 . The site is physically suitable for the density of the
development proposed.
5. The design of the subdivision, and/or the proposed
improvements, will not cause substantial environmental
damage or substantially and avoidably injure fish and
wildlife or their habitat.
6. The design of the subdivision, and the type of the
improvements, will not conflict with easements acquired by
the public at large for access through or the use of
property within the proposed subdivision; or substantially
equivalent alternate easements are provided.
7 . The proposed subdivision design, and/or the type of
improvements proposed, will not cause serious public health
problems.
0000'70
ATTACHMENT K -- Conditions of Approval
Tentative Tract Map 96009 .
10780 El Camino Real (Shannon/Shores/Sholders)
September -'), 1996
CONDITIONS OF APPROVAL:
Fire Department Conditions
1 . Prior to the recordation of the Parcel Map, two new fire
hydrants shall be installed: one at the end of the cul-de-
sac and the other at the intersection of Laretto and E1
Camino Real . Water mains and fire hydrants shall be
installed and in service prior to beginning of combustible
construction. The precise type and exact location of said
fire hydrant shall be as approved by the Fire Marshall and
City Engineer.
Engineering Division Conditions
2 . All improvements shall be constructed in conformance with
the City of Atascadero Engineering Department Standard
Specifications and Drawings or as directed by the City
Engineer.
3 . The applicant shall enter into an Plan Check/Inspection
agreement with the City. Prior to recordation of the
final map, all outstanding plan check/inspection fees
shall be paid.
4 . An encroachment permit shall be obtained from the City
Engineering Department prior to the issuance of building
permits.
5. A Preliminary Soils Report shall be prepared for the
property to determine the presence of expansive soil or
other soil problems and shall make recommendations
regarding grading of the proposed site. A final soils
report shall be submitted by the soils engineer prior to
the final inspection and shall certify that all grading
was inspected and approved and that all work done is in
accordance with the plans and the preliminary report.
The final a map shall state that a soils report has been
prepared for the project. The statement shall provide the
i
date the report was prepared along with the name and
address of the soils engineer or geologist who prepared
the report.
1
0000"71
6. All public improvements shall be secured with a 100%
Performance Guarantee and a 50% Labor and Materials
Guarantee until the improvements are deemed substantially
complete by the City Engineer. Prior to the final
inspection of the improvements, and before the other
guarantees mentioned in this condition are released, a 10%
Maintenance Guarantee shall be posted to cover the
improvements for a period of 1 year from the date of the
final inspection. The guarantee amounts shall be based on
an engineer' s estimate submitted by the project engineer
and approved by the City Engineer. The estimate shall be
based on City Standard Unit Prices for Bonding Estimates.
The Guarantees posted for this project shall be approved
by the City Attorney.
7 . A six (6) foot Public Utility Easement (PUE) shall be
provided contiguous to all street frontages.
8 . All existing and proposed utility, pipeline, open space,
scenic or other easements are to be shown on the final
map. If there are building or other restrictions related
to the easements, they shall be noted on the final map.
9. The relocation and/or alteration of existing utilities
shall be the responsibility of the developer.
10. The applicant shall install all new utilities (water, gas,
electric, cable TV and telephone) underground.
Utilities shall be extended to the property line frontage
of each lot or its public utility easement.
11 . Any utility trenching in existing streets which results
from construction of the project shall be overlayed to
restore a smooth riding surface as required by the City
Engineer.
12 . Drainage facilities shall be constructed to City of
Atascadero Standards. Each improvement shall be designed
so as to not increase the rate of flow of water onto
adjacent properties.
13 . Drainage shall cross lot lines only where a private
drainage easement has been provided or as approved by the
City Engineer. Drainage from off-site areas shall be
conveyed across the project site in private drainage
easements or as approved by the City Engineer.
14 . The applicant shall detain storm water from the site in
conformance with Section 5. 06.G of the City Standards or
as approved by the City Engineer. An exception to this
may be granted by the City Engineer if the applicant can
demonstrate that the design capacity of the downstream
drainage improvements, or natural water courses, can
2
000072
adequately convey the total flow of storm water from the
fully developed watershed plus the developed project site
without adversely affecting other properties.
15. A grading and drainage plan, prepared by a registered
civil engineer, shall be submitted for review and approval
by the City Engineer prior to the recordation of the final
map. A registered civil engineer shall provide a written
statement that all work has been completed and is in full
compliance with the approved plans and the Uniform
Building Code (UBC) .
16. A sedimentation/erosion control plan addressing interim
erosion control measures to be used during construction
shall be submitted for review and approval by the City
Engineer prior to the recording of the final map. The
sedimentation/erosion control plan shall be prepared by a
registered civil engineer.
17 . Road improvement plans prepared by a registered civil
engineer shall be submitted for review and approval b the
PP Y
City Engineer prior to recordation of the final map. Road
improvement plans shall conform to the requirements of the
City Standard Specifications, Section 2
-
Preparation of
Plans . R-value testing shall be done, and the pavement
section designed by a registered civil engineer to the
satisfaction of
the City Engineer. Road improvements
shall include, but not be limited to the following: r
a. The on-site street shall be fully improved to City
Std 405 (Local) .
b. A 50' offer of dedication shall be provided for the
on-site street. The offer of dedication shall be
recorded prior to, or in conjunction with, the
recordation of the final map.
C. E1 Camino Real shall be improved from centerline to
the property frontage in conformance with City
Standard 407 (Arterial) contiguous to the entire
property frontage, or as approved by the City
Engineer. The improvements shall exclude the
construction of the raised median. The improvements
may require the overlaying of the existing pavement
to remedy an inadequate structural section or to
remedy a deteriorated paving surface. Transitions
shall be constructed where required to achieve a
smooth join with existing improvements .
d. The on-site cul-de-sac shall be fully improved to
City Standard 415 (Typical Cul-de-Sac, urban) .
3
0000'73
18 . All property corners shall be monumented for construction
control and shall be promptly replaced if disturbed. All
is final property corners and street monuments shall be
installed, or bonded for, prior to acceptance of the
improvements.
19. A black line clear Mylar (0.4 mil) copy and a blue line
print of the tract map shall be provided to the City upon
recordation.
20. A Mylar copy and a blue line print of as-built improvement
plans, signed by the registered engineer who prepared the
plans shall be provided to the City Engineer prior to the
final inspection. A certification shall be included that
all survey monuments have been setas shown on the tract
map.
21 . A final map in substantial conformance with the approved
tentative map and in compliance with all conditions set
forth in the City of Atascadero Subdivision Ordinance and
the Subdivision Map Act shall be submitted to the City
Engineer for approval. The final map shall be signed by
the City Engineer prior to it being placed on the agenda
for City Council approval.
22 . The applicant shall acquire title or interest in any off-
site land that may be required to allow for the
construction of the improvements. The applicant shall
bear all costs associated with the necessary acquisitions .
The applicant shall also gain concurrence from all
adjacent property owners whose ingress or egress is
affected by these improvements.
23. All work shall required by these conditions of approval
shall be completed prior to recordation of the final map.
24 . Sewer annexation fees shall be paid prior to the
recordation of the final map.
25. The applicant shall submit a maintenance agreement for the
detention basin for review and approval by the City
Engineer and City Attorney. The maintenance agreement
shall be recorded in conjunction with the final map.
Planning Division Conditions
26. Exterior fencing shall be consistent throughout the
project. Design and appearance of fences and/or walls
shall be reviewed by the Planning Division and found to be
compatible with the design of the dwelling units .
Fencing, per this condition, includes both the perimeter
fencing of the entire 3. 61 acre site and the fencing
• between the individual units. Fencing along the freeway
4
000074
must either respect the highway right-of-way or be
reviewed and approved as an encroachment by Caltrans. In
order to present an open feeling of community, fencing for
the individual parcels shall not extend into the front
setback beyond the front of the residence.
27. All retaining walls and curbs shall be concrete or masonry
construction.
28. Each proposed lot shall have a minimum frontage of forty-
five (45) feet, except that lots at the end of the cul-de-
sac may be forty (40) feet. Proposed lots #10 and #24
must be confirmed or revised to meet this requirement.
29. The Tract Map shall be revised so that building coverage
(residence plus garage footprint) does not exceed 350 of
any individual lot area.
30. The Tract Map shall be revised to provide a minimum of a
25 foot front setback from El Camino Real (Lot 24) .
31 . Proposed lot 11 shall be redesigned to mirror Lot 13
with proposed Lot 12 becoming an open space/recreation
area.
32. Building setbacks, with the exception of the cul-de-sac
lots, shall be staggered so that every other unit is
setback an additional five (5) feet from Lareto Court.
33. A landscape plan, with primary emphasis along the freeway
frontage, shall be submitted with the final map. An
encroachment permit, including responsibilities for
maintenance, shall be obtained from Caltrans prior to
recording the final map, if necessary.
34 . Construction of the new residences along the freeway shall
comply with the noise mitigation measures of the Noise
Element as contained in Volume III - Acoustical Design
Manual. (Note: Normal construction practices under
current building codes should accomplish the necessary
noise level reduction without further mitigation. )
35. This tentative map approval shall expire two (2) years
from the date of final approval unless an extension of
time is granted pursuant to a written request received
prior to the expiration date.
5 0
0000'75
MINUTES EXCERPTS
Pla ing Commission Meeting, September 3, 1996
Michae Sc eiber, 10717 Wilshire Blvd, Los Angeles, responded
concerns exp ssed during testimony. He indicated that alcohol w ld
only be serve during legal hours. He would not promise that ere
will never be pr lems, but that' s why he has security. The n er of
card rooms in the ea has nothing to do with what he is doi It is
his problem to mar t his business. He also indicated hat he is
going through all the equired steps for appropriately tting up his
business.
Richard Moen, 4200 Portola oad, asked if the no -smoking ordinance
would apply to this business. Mr. DeCamp repl' d that the card room
would have to comply with State law in this r ard. He also wondered
if the 1000 foot proximity law a lied in is case. He was told it
did not.
James Harrison, one of the owners of t El Camino Shopping Center and
the Bowling Center, addressed a cou e o the concerns expressed. He
related this situation to Las Veg and fo d that it is now much more
family oriented. They are look' g for compa 'ble uses . They are very
concerned about security, wh' will be good or the community.
ACTION: Approve the Co ditional Use Permit # 009, based on the
Findings con ined in Attachment F an subject to the
Conditions f Approval contained in Attac nt G.
Motion: E ards
Second: owen
AYES: Edwards, Bowen, Johnson, Wallace, Bowen, uter,
Hageman, Zimmerman
ES : None
ABSENT: None
MOTION PASSED: 7:0
B. 2 . TENTATIVE TRACT MAP 96009/ZONE CHANGE 96009:
Consideration of applications submitted by Richard Shannon
and Jim Shores (Sholders Surveys) to subdivide a 3 . 61 acre
property into twenty-four (24) lots for single family
residential development using the Planned Development
Overlay Zone #7 (PD7 ) . Subject site is located at 10780 El
Camino Real.
0000'76
Planning Commission Meeting, September 3, 1996
STAFF RECOMMENDATION: (Davidson)
1 . That the Negative Declaration prepared for the project be
found adequate under the provisions of the California
Environmental Quality Act.
2 . Recommend approval of the Zone Change to the City Council
based on the Findings contained in Ordinance 312 .
3 . Recommend approval of Tentative Tract Map #96009 based on
Findings for Approval contained in Attachment J and the
Conditions of Approval contained in Attachment K.
TESTIMONY:
Richard Shannon, 5070 San Benito Road, a co-applicant on this project
explained the planning thoughts on the project. He suggested that
this project has many benefits; for example, more demand for the style
of home and provides affordable housing. He asked to have the
following conditions removed or modified: ( 1) Remove condition 131;
(2) Modify condition #29 to reflect the average of 35% overall; (3)
Modify condition #17 to reflect a 40 foot offer of dedication instead
of 50 foot. He answered questions from the Commission and from
testimony.
Robert Fisher, 8925 Atascadero Avenue, the project architect explained
that they were going for variety with continuity to achieve asense of
neighborhood -- a project with houses that are good sized for starter
homes, but moderately priced. He answered questions from the
Commission.
Joan O' Keefe, 9985 Old Morro Road East, expressed that it is important
to follow the staff recommendations and the rules as set forth.
Donald Jones, 4585 Viscano Avenue, disapproves of this high a density
and encouraged approval of the staff recommendations .
ACTION: Recommend that the Negative Declaration prepared for the
project be found adequate under the provisions of the
California Environmental Quality Act.
Motion: Johnson
Second: Wallace
AYES : Johnson, Wallace, Bowen, Hageman, Zimmerman, Edwards
NOES : Sauter
ABSENT: None
MOTION PASSED: 6: 1
0000'7'7
Planning Commission Meeting, September 3, 1996
ACTION. Recommend approval of the Zone Change to the City Council
based on the Findings contained in Ordinance 312 .
Motion: Johnson
Second: Hageman
AYES: Johnson, Hageman, Wallace, Bowen, Zimmerman, Edwards
NOES: Sauter
ABSENT: None
MOTION PASSED: 6:1
MOTION: Made by Commissioner Johnson to approve project subject to
elimination of Condition No. 31 (requirement to
provide open space/recreation area). Motion failed for lack
of a second.
ACTION: Recommend approval of Tentative Tract Map #96009 based on
Findings for Approval contained in Attachment J and the
Conditions of Approval contained in Attachment K.
Motion: Bowen
Second: Wallace
AYES : Bowen, Wallace, Hageman, Zimmerman, Edwards
NOES: Sauter, Johnson
ABSENT: None
MOTION PASSED: 5:2
B. GENERAL PLAN AMENDMENT 96003/ZONE CHANGE 96005:
Consideration of concurrent amendments to the City' s Ge al
P and Zoning Ordinance maps submitted by Mervin ns and
Rober hurchill. The proposals would change a land use
designatio of the site from "Indu ial Park" to
"Commercial Pa and the zoning dist ' ct from "Industrial
Park ( IP) " to "Co cial Park (C The subject site is
located at 2600 El Cam' Rea .
STAFF RECOMMENDATION: (DeCam
1 . That theNe ve Declaration prepare or the project be
found a ate under the provisions of e California
Envi mental Quality Act.
000078
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: B-2
Through: Andy Takata, City Manager Meeting Date: Sept 24, 1996
From: Lt. William Watton, Acting Chief of Police_
SUBJECT: Citizen's Options for Public Safety(COPS)Program(AB3229)
RECOMMENDATION: Conduct a public hearing, as required, regarding the $60,000. per
capita grant and establish a Supplemental Law Enforcement Services Fund(SLESF) account
within the Police Services Budget.
DISCUSSION/ANALYSIS: Assembly Bill 3229, passed this year, establishing a$100,000,000.
local law enforcement supplemental funding program. This bill will be distributed on a per capita
basis, resulting in the City of Atascadero receiving approximately $60,000. This money is to be
used "exclusively to fund front line municipal police services, in accordance with written requests
submitted by the chief of Police of that city...", and"shall supplement existing services, and shall
not be used to supplant, any existing funding for law enforcement services provided by the entity".
As we currently do not have an approved budget for the Department or City I am unable to make
an exact list of those things we would purchase. We would, however, attempt to upgrade as much
outdated, unserviceable, or not working, equipment as possible. With any additional moneys we
would attempt to secure other necessary equipment. Some of those items on the list would
include; personnel protective vests for the officers, portable radios, vehicle radar units, computer
equipment and printers, flashlights, nylon duty belts and accessories, evidence collection/crime
scene analysis equipment, video recorders/players/cameras, binoculars, night vision equipment,
vehicles and related equipment, other police related equipment, and possibly personnel.
As soon as we have an approved budget, and within 60 days, I will bring back to the Council a
specific list with costs as required by the grant.
FISCAL IMPACT: + $60,000.
Attachments:
0900'79
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: B-3 (A&B)
Through: Andrew Takata, City Manager Meeting date: 09/24/96
From: Steven L. DeCamp, City Planner File Number: GPA 96003
ZC 96005
SUBJECT:
Consideration of an amendment of the General Plan Land Use Element
and Map changing the land use designation of the property located
south of the Factory Outlet between E1 Camino Real and Highway 101
from "Industrial Park" to "Commercial Park" . The proposal includes
a concurrent amendment to the Zoning Ordinance Map changing the
zoning district from "Industrial Park (IP) " to "Commercial Park
(CPK) " at the same location. The "Retail Commercial" designation
which extends south to San Anselmo Road will not be modified.
Subject site is located at 2600 El Camino Real.
RECOMMENDATION:
1 . Resolution No. 78-96 - Approve attached Resolution amending
the Land Use Element and Map of the General Plan by modifying
the land use designation of the site from "Industrial Park" to
"Commercial Park" .
2 . Ordinance No. 313 - Read by title only and approve on first
reading amending the zoning Ordinance by adding a CPK (Com-
mercial Park) zoning district and .changing the zone shown on
the Zoning Ordinance Map for the site from "IP" ( Industrial
Park) to "CPK" (Commercial Park) .
BACKGROUND:
On September 3, 1996, the Planning Commission conducted a public
hearing on the above-referenced applications . After discussion
(see attached minutes excerpts) , the Planning Commission voted
unanimously to recommend approval of General Plan Amendment 96003
and Zone Change 96005 .
/ph
Attachments : Resolution No. 78-96
Ordinance No. 313
Planning Commission Staff Report - Sept. 3, 1996
Minutes Excerpts - September 3, 1996
Uf�0U�0
RESOLUTION NO. 78-96
A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO
APPROVING AMENDMENTS TO THE GENERAL PLAN LAND USE ELEMENT
BY AMENDING THE INDUSTRIAL PARK LAND USE DESCRIPTION
AND THE LAND USE MAP DESIGNATION FROM
INDUSTRIAL PARK TO COMMERCIAL PARK ON PROPERTY
LOCATED AT 2600 EL CAMINO REAL
(GPA 96003; Johns/Churchill)
WHEREAS, the City of Atascadero has grown considerably since
incorporation; and
WHEREAS, the City' s General Plan Land Use Element, which was
adopted in 1992 to guide the City' s general growth, needs to be
revised with respect to the subject property; and
WHEREAS; the Planning Commission of the City of Atascadero
conducted a public hearing on the proposed General Plan amendment
on September 3, 1996; and
WHEREAS, Government Code Section 65356 provides that a i
General Plan be amended by the adoption of a resolution; and
WHEREAS, the Council of the City of Atascadero finds as
follows:
1 . The proposed General Plan amendment recommended by the
Planning Commission is consistent with the goals and
policies of the General Plan.
2 . The proposed General Plan amendment will not have a
significant affect on the environment. The Negative
Declaration prepared for the project is adequate.
THEREFORE, the Council of the City of Atascadero does
resolve to approve General Plan Amendment 96003 as follows:
1 . Amendment to the Land Use Text as shown on the attached
Exhibit A.
2 . Amendment to the Land Use Map as shown on the attached
Exhibit B.
000081
Resolution No. 78-96
Page 2
On motion by and seconded by
the foregoing resolution is hereby
adopted in its entirety by the following roll call vote:
AYES:
NOES :
ABSENT:
ADOPTED:
CITY OF ATASCADERO, CA
GEORGE P. HIGHLAND, Mayor
ATTEST:
LEE PRICE, City Clerk
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
PREPARED BY:
STEVEN L. DeCAMP, City Planner
000082
EXHIBIT A
Chapter II, Section 4 . (b) entitled "Industrial Park" on page
II-17 of the Land Use Element of the General Plan is amended
as shown below:
"Industrial parks require access to arterial roads in that
these uses are freeway dependent. The majer- area se
designated is—en NertGamine Real seuth of the
3n
additieft, aAn area along the Salinas River on Sycamore ..."
Deleted text shown as strikethr-eugh.
0€ 0083
RESOLUTION NO. 78-96 EXHIBIT B
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New Designation="ABC' (Industrial Park)
Old Designation=(XYZ)
000084
ORDINANCE NO. 313
AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO
AMENDING THE ZONING ORDINANCE TEXT BY THE ADDITION OF A
(CPK) ZONING DISTRICT AND AMENDING MAP 11 OF THE
OFFICIAL ZONING MAPS BY REZONING CERTAIN REAL
PROPERTY LOCATED AT 2600 EL CAMINO REAL FROM
(IP) INDUSTRIAL PARK TO (CPK) COMMERCIAL PARK
(ZC 96005; Johns/Churchill)
WHEREAS, the proposed zoning ordinance amendment is
consistent with the General Plan as required by Section 65860 of
the California Government Code; and
WHEREAS, the proposed amendment is in conformance with
Section 65800 et seq. of the California Government Code
concerning zoning regulations; and
WHEREAS, the proposed amendment will not have a significant
adverse impact upon the environment. The Negative Declaration
prepared for the project is adequate; and
WHEREAS, the Atascadero Planning Commission held a public
hearing on September 3, 1996 and has recommended approval of Zone
Change 96005.
NOW, THEREFORE, the Council of the City of Atascadero does
ordain as follows:
Section 1 . Council Findings.
1 . The proposal is compatible with the surrounding land
use and zoning.
2 . The proposal is consistent with the General Plan
Land Use Element and other elements contained in the
General Plan.
3. The proposal will not result in any significant adverse
environmental impacts. The Negative Declaration prepared
for the project is adequate.
Section 2 . Zoning Text.
The Zoning Ordinance text is hereby amended by the addition
of the language shown on the attached Exhibit A.
D0008S
ORDINANCE NO. 313
PAGE 2
Section 3. Zoning Map.
Map number 11 of the Official Zoning Maps of the City of
Atascadero on file in the City Community Development Department
is hereby amended as shown on the attached Exhibit b which is
hereby made a part of this ordinance by reference.
Section 4 . Publication.
The City Clerk shall cause this ordinance to be published
once within fifteen (15) days after its passage in the Atascadero
News, a newspaper of general circulation, printed, published, and
circulated in the City in accordance with Section 36933 of the
Government Code; shall certify the adopting and posting of this
ordinance and shall cause this ordinance and this certification
together with proof of posting to be entered into the Book of
Ordinances of the City.
Section 5. Effective Date.
. This ordinance shall go into effect and be in full force and
effect at 12 : 01 a.m. on the 31st day after its passage.
On motion by and seconded by
, the foregoing Ordinance is approved
by the following role call vote:
AYES:
NOES :
ABSENT:
DATE ADOPTED:
By:
GEORGE P. HIGHLAND, Mayor
ATTEST:
LEE PRICE, City Clerk
•
000086
EXHIBIT A
DRAFT
CPK (Commercial Park) Zone
9-3.251 . Purpose: This zone is established to provide for large
lot commercial and light manufacturing uses. It is intended that
special attention be given to providing for comprehensive
development plans to achieve appropriate functional relationships
between various uses and preclude "piecemeal" development of
existing larger lots.
9-3.252 . Allowable Uses: The following uses shall be allowed in
the Commercial Park Zone. The establishment of allowable uses
shall be a provided by Chapter 2 of this Title:
(a) Apparel and finished products
(b) Automobile, mobilehome and vehicle dealers and suppliers
(See Section 9-6.163)
(c) Accessory storage (See Section 9-6.165)
(d) Broadcasting studios
(e) Building materials and hardware (See Section 9-6.165)
(f) Business support services
(g) Contract construction services
(h) Electronic and scientific instruments
(i) Farm equipment and supplies
(j ) Food and kindred products (See Section 9-6.1280
(k) Fuel and ice dealers (See Section 9-6. 129)
(1) Furniture and fixtures
(m) Horticultural specialties (See Section 9-6. 116)
(n) Laundries and dry cleaning plants
(o) Light repair services
(p) Mail order and vending
000088
(q) Roadside stands (See Section 9-6.117)
(r) Sales lots (See Section 9-6.139)
(s) Schools - business and vocational (See Section 9-6. 125)
(t) Small scale manufacturing
(u) Stone and cut stone products
(v) Temporary events (See Section 9-6.177)
(w) Temporary or seasonal sales (See Section 9-6.174)
(x) Utility transmission facilities
(y) Vehicle and equipment storage (See Section 9-6.183)
(z) Wholesaling and distribution
(aa) The following uses when established in conjunction with
a commercial center containing at least one major
commercial tenant with a minimum of 20, 000 square feet
of floor area:
(1) Eating and drinking places
(2) Financial services
(3) Food and beverage retail sales
(4) Furniture, home furnishings and equipment
(5) General merchandise store
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) Chemical products
(b) Concrete, gypsum and plaster products
(c) Machinery manufacturing
(d) Paving materials
(e) Pipelines
000089
f
( ) Plastics and rubber products
(g) Public assembly and entertainment
(h) Textile mills
(i) Transit stations and terminals
(j ) Warehousing
(k) Glass products
(1) Lumber and wood products
(m) Paper products
(n) Structural clay pottery products
(o) Auto repair .and services (See Section 9-6.168)
(p) Collection stations (See Section 9-6.130)
9-3.254. Lot Size: The minimum lot size in the Commercial Park
Zone shall be two acres. Smaller lot sizes may be allowed for
planned commercial and industrial developments, including
condominiums, where the Planning Commission determines that such
smaller lot sizes will not be detrimental to the purpose and intent
of the Commercial Park Zone.
9-3.255. Development Standards:
(a) Parking areas designed to have vehicles facing E1 Camino
Real or the freeway shall be screened with a landscaped berm
a minimum of thirty inches (30") in height.
(b) A minimum freeway setback of ten feet (101 ) shall be
provided. Said setback shall be landscaped.
(c) All new and existing utilities shall be installed
underground.
000090
ORDINANCE NO. 313 EXHIBIT .B,
Page I of_L
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New Zone "ABC' "CPK (Commercial Park) "
Old Zone=(XYZ) (IP Industrial Park) )
All Overlay Zones to remain unchanged
000091
CITY OF ATASCADERO Item: B . 3
• STAFF REPORT
FOR: Planning Commission MEETING DATE: 9-3-96
BY: Steven L. DeCamp, Acting Director FILE NO: GPA 96003
ZC 96005
SUBJECT:
Amendment of the General Plan Land Use Element and Map changing
the land use designation of the property located south of the
Factory Outlet between E1 Camino Real and Highway 101 from
"Industrial Park" to "Commercial Park" . The proposal includes a
concurrent amendment to the Zoning Ordinance Map changing the
zoning district from "Industrial Park (IP) " to "Commercial Park
(CPK) " at the same location. The "Retail Commercial" designation
which extends south to San Anselmo Road will not be modified.
RECOMMENDATION:
The Planning Commission should recommend the following actions
for the City Council's consideration:
1. Find the Negative Declaration prepared for the project
to be adequate under the provisions of the California
Environmental Quality Act and the State and local guidelines
for its implementation.
2 . Approve Resolution No. 78-96 amending the Land Use
Element and Map of the General Plan by modifying the land
use designation of the site from "Industrial Park" to
"Commercial Park" .
3 . Approve Ordinance No. 313 amending the Zoning Ordinance
by adding a CPK (Commercial Park) zoning district and
changing the zone shown on the Zoning Ordinance Map for the
site from "IP" (Industrial Park) to "CPK" (Commercial Park) .
SITUATION AND FACTS:
1 . Applicant . . . . . . . . . . . . . . . . . . . .Mervin Johns
2 . Representative. . . . . . . . . . . . . . .None
3 . Project Address . . . . . . . . . . . . . .2600 El Camino Real
4. General Plan Designation. . . . . Industrial Park
000092
Staff Report
GPA 96003 •
ZC 96005
September 3, c 96
5 . Zoning District. . . . . . . . . . . . . . IP (Industrial Park)
6 . Site Area. . . . . . . . . . . . . . . . . . . . 32+/- acres
7 . Environmental Status . . . . . . . . .Negative Declaration posted
August 1, 1996
BACKGROUND:
Prior to 1992 , the area that is the subject of this General Plan
and Zoning Ordinance amendment request was designated for
"Commercial Park" development. In an effort to encourage more
industrial type development, the designation of the area was
changed to "Industrial Park" with the adoption of the General
Plan Update and subsequent Zoning Ordinance changes which
occurred in 1992 . The affected property owners have now
requested that the designation of this area be revisited to
determine which is the most appropriate land use designation.
ANALYSIS:
The study area consists of approximately 32 acres of property .
located between El Camino Real and Highway 101 . The southern
most boundary of the area is located at the Chapel of the Roses.
The study area extends north to the Factory Outlet property.
Current development within this area consists of mixed uses
including residences, an industrial park, a commercial park, and
other light industrial type uses as well as various undeveloped
and underdeveloped parcels . The Golden West Commercial Park is
the type of development foreseen and encouraged by the original
CPK zoning for this area.
The study area has few physical constraints for a wide variety of
development types. The parcels have excellent visibility from
the freeway. Access to the freeway from El Camino Real at either
Del Rio or San Anselmo is also excellent as both of these
intersections are signalized. The area is within the Urban
Services Line so sewer service can be made available to these
lots eliminating waste disposal as a development concern. The
noise generated by both El Camino Real and the freeway could be a
concern for most residential type uses but should not be an issue
for commercial or industrial uses.
Since the land use designation of the study area was amended in
1992 , only one development application has been processed within
the area. A conditional use permit for an auto repair center and
used car dealership was processed and approved, but the project
never moved forward from that point . Although the lack of
000093
Staff Report
GPA 96003
ZC 96005
September 3, 1996
interest in light industrial development within this area during
the past four years can be attributed in large part to the
generally slow economy, it does not appear that the zoning
district has created the level of interest in industrial type
development that was hoped. Although interest levels have been
low in general in the past several years, there have been more
inquiries regarding development types that were allowed under the
original Commercial Park zoning applied to the area than light
industrial uses.
Another area of concern expressed in the recent past regarding
the study area dealt with the visual consequences of the types of
land uses allowed under the Industrial Park zoning. The Planning
Commission, in fact, initiated a study of design standards and
the allowed and conditionally allowed uses within this zone
because of the area' s visibility from both El Camino Real and
Highway 101. Although this study was ultimately referred to the
overall Zoning Ordinance revision program, the importance of
maintaining "pleasing" views from the freeway is still a
legitimate and important concern. As the Commission is well
aware, many industrial uses require outdoor storage or use areas.
These exterior uses may be critical to the success of many
industrial projects, however they most often do not present the
type of attractive view from the freeway that this City desires.
Light industrial uses are not the only land uses with attendant
appearance concerns. Indeed, the Planning Commission recently
approved a CR (Commercial Retail) Planned Development overlay
zone to deal with this same issue in another location.
Attachment D contains a listing of allowed and conditionally
allowed uses within the current Industrial Park zoning district .
A comparison of this district with the original Commercial Park
zoning district (Attachment E) shows that the IP zoning district
is fairly limited in its range of allowed uses. Such limitations
are appropriate to protect the integrity of industrial areas and
insure that space exists for such uses. However, the good
visibility and ready freeway access suggests that a broader range
of land uses may be most suitable within this study area.
Exhibit A of Attachment E (Draft Ordinance #313 ) presents an
alternative to the original CPK zone and the IP zone that
currently exists. The proposed "new" CPK zone incorporates
design standards reflecting the area's high visibility from the
freeway and modifies some of the allowed and conditionally
allowed uses for the same reason. Some land uses with
significant outdoor space requirements, such as automobile
repair, are made conditionally allowed uses so that additional
0000911
Staff Report
GPA 96003
ZC 96005
September 3, 1996
development standards can be applied, if necessary, on a case-by-
case basis . Other uses, such as recycling and scrap, are
eliminated entirely. Such uses have proven virtually impossible
to render "attractive" from freeway views and are better located
in less highly visible areas . Some additional uses, such as
automobile dealers, are listed as allowed uses, but will in all
likelihood be reviewed as conditional use permits because of
there extensive outdoor use areas.
CONCLUSIONS•
The recommended General Plan amendments and concurrent zoning
Ordinance amendments will provide for a wider range and variety
of land uses within the study area. Elimination of some of the
previously allowed industrial type uses, coupled with appropriate
design review standards, will insure that the design of future
development will take into consideration the site' s visibility
from the freeway and El Camino Real . This same visibility will
make the study area a good candidate location for the large scale
commercial projects foreseen by this land use designation
ATTACHMENTS
Attachment A - Location Map: General Plan Map
Attachment B - Location Map: Zoning Map
Attachment C - Negative Declaration
Attachment D - Industrial Park Zone Uses
Attachment E - Commercial Park Zone Uses
Attachment F - Draft Resolution #78-96
Exhibit A Proposed Text Amendment
Exhibit B - Proposed Land Use Map
Attachment G - Draft Ordinance #313
Exhibit A - Proposed Text Amendment
Exhibit B - Proposed Zoning Ordinance Map
000095
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ATTACHMENT B
CITY OF ATASCADERO Location Map: Zoning Map
r COMMUNITY DEVELOPMENT. GPA 96003
DEPARTMENT zc 96005
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ATTACHMENT C
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CITY OF ATASCADERO
to ENVIRONMENTAL COORDINATOR
• NEGATIVE DECLARATION
COMMUN=DEVELOPMENT DEPT. 6500 PALMA AVE. ATASCADERO, CA 93422 (805) 461-5035
APPLICANT: 4AEP_V 1/J J aq A/5
P,a. RCV_ 140
A7A3 c,4Ds-izo, CA 9 3+Z3
PROJECT TITLE: 4" JE"t_ tvLAYU AMewv/na-N7 %oo3 7"A'5 64'V4'5- 9600"-
f
PROJECT LOCATION: :%z_- f}-Z-Aci4eD bio
PROJECT DESCRIPTION: Arwe-W ri 44) L4xje) 0.56-
1�t(��JR7'/ow �r��, �'NDu��/��- PA-/t.k- i� cvi't�tN��I�G�AL �•AK7�- �C/�
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 comulatively considerable.
4. The project will not cause substantial adverse effects on human beings either directly or indirectly.
DETERNIINATION:
Based on the above findings, and the information contained in the initial study(made a part hereof by refer-
ence 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.
Community Development Director
Date Posted: 8• f•9�
Date Adopted:
000098
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ATTACHMENT D
ADOPTED ,7UT.E 27 , 1983
IP (Industrial Park) Zone
9-3 . 301. Purpose: This zone is established to provide for the
light manufacturing and large lot service commercial needs of the
residents of the city and surrounding areas.
9-3 . 302. Allowable Uses: The following uses shall be allowed in
the Industrial Park 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) Farm equipment and supplies
(b) Laundries and dry cleaning plants
(c) Broadcast studios
(d) Stone and cut stone products
(e) Temporary events (See Section 9-6 .177)
(f) Temporary or seasonal sales (See Section 9-6.174)
' (g) Building materials and hardware (See Section 9-6 .165)
(h) Utility transmission facilities
(i) Fuel and ice dealers (See Section 9-6 .129)
(j ) Warehousing
(k) Wholesaling and distribution
(1) Light repair services
(m) Accessory Storage (See Section 9-6 .103)
(n) Sales lots (See Section 9-6 . 139)
(o) Storage yards (See Section 9-6 .140)
(p) Apparel and finish products
(q) Collection stations (See Section 9-6. 130)
(r) Electronic and scientific instruments
• (s) Furniture and fixtures
(t) Auto Repair and Services (See Section 9-6 . 168)
(u) Business support services
3- 37 000100
ADOPTED JUNE 27, 1983
(v) Vehicle and equipment storage (See Section 9-6 .183)
(w) Contract construction services
(x) Small scale manufacturing
(y) Food and kindred products (See Section 9-6 .128)
9-3 . 303. Conditional Uses: The following uses may be allowed in
the Industrial Park Zone. The establishment of conditional uses shall
be as provided by Section 9-2.109 (Conditional Use Permits):
(a) Agricultural processing
(b) Chemical products (See Section 9-6.127)
(c) Concrete, gypsum, and plaster products
(d) Caretaker residence (See Section 9-6.104)
(e) Glass products manufacturing
(f) Machinery manufacturing
(g) Lumber and wood products
(h) Paving materials
( i) Pipelines
(j) Plastic and rubber products
(k) Recycling and scrap (See Section 9-6 .131)
(1) Schools - business and vocational (See Section 9-6 . 125)
(m) Textile mills
(n) Transit stations and terminals
(o) Vehicle and freight terminals
(p) Paper products
(q) Structural clay pottery products
(r) Indoor Recreation
9-3 . 304 . Lot Size: There shall be no minimum lot size in the
Industrial Park Zone.
000101
3-38
ATTACHMENT E
r
"PREVIOUS" CPK (COMMERCIAL PARK) ZONE
9-3 . 251. Purpose: This zone is established to provide for large
lot commercial and light manufacturing uses. It is intended that
special attention be given to providing for comprehensive development
plans to achieve appropriate functional relationships between various
uses and to preclude "piecemeal" development of existing larger lots.
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 Section 9-2.107 (Plot Plans) and Section 9-2.108
(Precise Plans:
(a) Apparel and finished products
(b) Automobile, mobilehome and vehicle dealers and suppliers (See
Section 9-6.163)
(c) Auto repair and services (See Section 9-6.168)
(d) Accessory storage (See Section 9-6.103)
(e) Broadcasting studios
(f) Building materials and hardware (See Section 9-6 . 165)
(g) Business support services
(h) Collection stations (See Section 9-6 .130)
`~
(i) Contract construction services
(j) Electronic and scientific instruments
(k) Farm equipment and supplies
(1) Food and kindred products (See Section 9-6 . 128)
(m) Fuel and ice dealers (See Section 9-6 . 129)
(n) Furniture and fixtures
(o) Horticultural specialties (See Section 9-6 .116)
(p) Laundries and dry cleaning plants
(q) Light repair services
. (r) Mail order and vending
(s) Roadside stands (See Section 9-6 .117)
3-34
000102
( t) Sales lots (See Section 9-6 .139)
(u) Schools - business and vocational (See Section 9-6 . 125)
(v) Small scale manufacturing
(w) Stone and cut stone products
(x) Temporary events (See Section 9-6 .177)
(y) Temporary or seasonal sales (See Section 9-6.174)
(z) Utility transmission facilities
(aa) Vehicle and equipment storage (See Section 9-6.183)
(bb) Wholesaling and distribution
(cc) The following uses when established in conjunction with a
commercial center containing at least one major commercial
tenant with a minimum of 20,000 square feet of floor area:
(1) Eating and drinking places
(2) Financial services
(3) Food and beverage retail sales
(4) Furniture, home furnishings and equipment
(5) General merchandise store
(6) Health care services
(7) Offices
(8) Personal services
(dd) Indoor Recreation
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 Section 9-2. 109 (Conditional Use Permits) :
(a) Caretaker residence (See Section 9-6 . 104)
(b) Chemical products
(c) Concrete, gypsum and plaster products
(d) Machinery manufacturing
(e) Paving materials
(f) Pipelines
3-35 000103
. (g) Plastics and Rubber products
(h) Public assembly and entertainment
( i) Recycling and scrap (See Section 9-6 . 131)
(j) Textile mills
(k) Transit stations and terminals
(1) Vehicle and freight terminals
(m) Warehousing
(n) Bed and breakfast
(o) Class products
(p) Lumber and wood products
(q) Paper products
(r) Structural clay pottery products
(s) Amusement Services
9-3 . 254 . Lot Size: The minimum lot size in the Commercial Park
. Zone shall be two acres. Smaller lot sizes may be allowed for planned
commercial and industrial developments, including condominiums, where
the Planning Commission determines that such smaller lot sizes will
not be detrimental to the purpose and intent of the Commercial Park
Zone.
3- 36 000104
Attachment F
DRAFT
RESOLUTION NO. 78-96
A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO
APPROVING AMENDMENTS TO THE GENERAL PLAN LAND USE ELEMENT
BY AMENDING THE INDUSTRIAL PARK LAND USE DESCRIPTION
AND THE LAND USE MAP DESIGNATION FROM
INDUSTRIAL PARK TO COMMERCIAL PARK ON PROPERTY
LOCATED AT 2600 EL CAMINO REAL
(GPA 96003; Johns/Churchill)
WHEREAS, the City of Atascadero has grown considerably since
incorporation; and
WHEREAS, the City' s General Plan Land Use Element, which was
adopted in 1992 to guide the City' s general growth, needs to be
revised with respect to the subject property; and
WHEREAS; the Planning Commission of the City of Atascadero
conducted a public hearing on the proposed General Plan amendment
on September 3, 1996; and
WHEREAS, Government Code Section 65356 provides that a
General Plan be amended by the adoption of a resolution; and
WHEREAS, the Council of the City of Atascadero finds as
follows :
1 . The proposed General Plan amendment recc:riended by the
Planning Commission is consistent with the goals and
policies of the General Plan.
2 . The proposed General Plan amendment will not have a
significant affect on the environment. The Negative
Declaration prepaLjd for the project is adequate.
THEREFORE, the Council of the City of Atascadero does
resolve to approve General Plan Amendment 96003 as follows:
1 . Amendment to the Land Use Text as shown on the attached
Exhibit A.
2 . Amendment to the Land Use Map as shown on the attached
Exhibit B.
000105
Resolution No. 78-96
. Page 2
On motion by and seconded by
the foregoing resolution is hereby
adopted in its entirety by the following roll call vote:
AYES :
NOES :
ABSENT:
ADOPTED:
CITY OF ATASCADERO, CA
GEORGE P. HIGHLAND, Mayor
ATTEST:
LEE PRICE, City Clerk m
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
PREPARED BY:
STEVEN DeCAMP, City Planner
0001()G.
EXHIBIT A
Chapter II, Section 4 . (b) entitled "Industrial Park" on page
II-17 of the Land Use Element of the General Plan is amended
as shown below:
"Industrial parks require access to arterial roads in that
these uses are freeway dependent. The ffiajer- area se
designated is—eR Nerth—€;9z Gamine Real seut-h of the
3-rt
.gin, aAn area along the Salinas River on Sycamore ..."
Deleted text shown as striket
•
00010'7
RESOLUTION NO. 78-96 EXHIBIT B
Page 1 of 1
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Kms' "Commercial Park"
New Designation="ABC' (Industrial Park)
Old Designation=(XYZ)
000108
Attachment G
DRAFT
ORDINANCE NO. 313
AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO
-AMENDING THE ZONING ORDINANCE TEXT BY THE ADDITION OF A
(CPK) ZONING DISTRICT AND AMENDING MAP 11 OF THE
OFFICIAL ZONING MAPS BY REZONING CERTAIN REAL
PROPERTY LOCATED AT 2600 EL CAMINO REAL, FROM
(IP) INDUSTRIAL PARK TO (CPK) COMMERCIAL PARK
(ZC 96005; Johns/Churchill)
WHEREAS, the proposed zoning ordinance amendment is
consistent with the General Plan as required by Section 65860 of
the California Government Code; and
WHEREAS, the proposed amendment is in conformance with
Section 65800 et seq. of the California Government Code
concerning zoning regulations; and
WHEREAS, the proposed amendment will not have a significant
adverse impact upon the environment. The Negative Declaration
prepared for the project is adequate; and
WHEREAS, the Atascadero Planning Commission held a public
hearing on September 3, 1996 and has recommended approval of Zone
Change 96005.
NOW, THEREFORE, the Council of the City of Atascadero does
ordain as follows:
Section 1 . Council Findings .
1 . The proposal is compatible with the surrounding land
use and zoning.
2 . The proposal is consistent with the General Plan
Land Use Element and other elements contained in the
General Plan.
3 . The proposal will not result in any significant adverse
environmental impacts . The Negative Declaration prepared
for the project is adequate.
Section 2 . Zoning Text.
The Zoning Ordinance text is hereby amended by the addition
of the language shown on the attached Exhibit A.
�0�1��
ORDINANCE NO. 313
PAGE 2
- Section 3 . Zoning Map.
Map number 11 of the Official Zoning Maps of the City of
Atascadero on file in the City Community Development Department
is hereby amended as shown on the attached Exhibit b which is
hereby made a part of this ordinance by reference.
Section 4 . Publication.
The City Clerk shall cause this ordinance to be published
once within fifteen (15) days after its passage in the Atascadero
News, a newspaper of general circulation, printed, published, and
circulated in the City in accordance with Section 36933 of the
Government Code; shall certify the adopting and posting of this
ordinance and shall cause this ordinance and this certification
together with proof of posting to be entered into the Book of
Ordinances of the City.
Section 5. Effective Date.
This ordinance shall go into effect and be in "full force and
effect at 12 : 01 a.m. on the 31st day after its passage.
On motion by and seconded by
, the foregoing Ordinance is approved
by the following role call vote:
AYES :
NOES :
ABSENT:
DATE ADOPTED:
By:
GEORGE P. HIGHLAND, Mayor
ATTEST:
LEE PRICE, City Clerk
000110
EXHIBIT A
DRAFT
CPK (Commercial Park) Zone
9-3.251 . Purpose: This zone is established to provide for large
lot commercial and light manufacturing uses. It is intended that
special attention be given to providing for comprehensive
development plans to achieve appropriate functional relationships
between various uses and preclude "piecemeal" development of
existing larger lots.
9-3.252. Allowable Uses: The following uses shall be allowed in
the Commercial Park Zone. The establishment of allowable uses
shall be a provided by Chapter 2 of this Title:
(a) Apparel and finished products
(b) Automobile, mobilehome and vehicle dealers and suppliers
(See Section 9-6.163)
(c) Accessory storage (See Section 9-6.165)
(d) Broadcasting studios
(e) Building materials and hardware (See Section 9-0.165)
(f) Business support services
(g) Contract construction services
(h) Electronic and scientific instruments
(i) Farm equipment and supplies -
(j ) Food and kindred products (See Section 9-6. 1280
(k) Fuel and ice dealers (See Section 9-6.129)
(1) Furniture and fixtures
(m) Horticultural specialties (See Section 9-6. 116)
(n) Laundries and dry cleaning plants
(o) Light repair services
• (p) Mail order and vending
000112
(q) Roadside stands (See Section 9-6. 117)
. (r) Sales lots (See Section 9-6. 139)
(s) Schools - business and vocational (See Section 9-6. 125)
(t) Small scale manufacturing
(u) Stone and cut stone products
(v). Temporary events (See Section 9-6. 177)
(w) Temporary or seasonal sales (See Section 9-6.174)
(x) Utility transmission facilities
(y) Vehicle and equipment storage (See Section 9-6. 183)
(z) Wholesaling and distribution
(aa) The following uses when established in conjunction with
a commercial center containing at least one major
commercial tenant with a minimum of 20, 000 square feet
of floor area:
(1) Eating and drinking places
(2) Financial services
(3) Food and beverage retail sales
(4) Furniture, home furnishings and equipment
(5) General merchandise store
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) Chemical products
(b) Concrete, gypsum and plaster products
(c) Machinery manufacturing
(d) Paving materials
(e) Pipelines .
000113
(f) Plastics and rubberrodu
p cts
(g) Public assembly and entertainment
(h) Textile mills
(i) Transit stations and terminals
(j ) Warehousing
(k) Glass products
(1) Lumber and wood products
(m) Paper products
(n) Structural clay pottery products
(o) Auto repair and services (See Section 9-6.168)
(p) Collection stations (See Section 9-6.130)
9-3 .254 . Lot Size: The minimum lot size in the Commercial Park
Zone shall be two acres. Smaller lot sizes may be allowed for
planned commercial and industrial developments, including
condominiums, where the Planning Commission determines that such
smaller lot sizes will not be detrimental to the purpose and intent
of the Commercial Park Zone.
9-3 .255. Development Standards:
(a) Parking areas designed to have vehicles facing El Camino
Real or the freeway shall be screened with a landscaped berm
a minimum of thirty inches (30") in height.
(b) A minimum freeway setback cf ten feet (11V1' ) sIna 11,
i✓e
provided. Said setback shall be landscaped.
(c) All new and existing utilities shall be installed
underground.
000114
ORDINANCE NO. 313 EXHIBIT E3
Page 1 of
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New Zone="ABC' "CPK (Commercial Park) "
Old Zone-(XYZ) (IP Industrial Park) )
All Overlay Zones to remain unchanged
000115
MINUTES EXCERPTS
P1 ning Commission Meeting, September 31 1996
ACTION: Recommend approval of the Zone Change to the City uncil
ased on the Findings contained in Ordinance 312 .
Motion: Johnson
Second: geman
AYES: John on, Hageman, Wallace, Bowen, mmerman, Edwards
NOES: Sauter
ABSENT: None
MOTION PASSED: 6:1
MOTION: Made by Commissioner Jo son to approve project subject to
elimination f ndition No. 31 (requirement to
provide o en spa a/recreation area) . Motion
failed r lack of second.
ACTION: Recommend app val of Tentative act Map #96009 based on
Findings fo Approval contained i Attachment J and the
Condition of Approval contained in tachment K.
Motion: B wen
Second: allace
AYES: Bowen, Wallace, Hageman, Zimmerman, Edwar s
N S: Sauter, Johnson
ABSENT: None
MOTION PASSED: 5:2
B. 3. GENERAL PLAN AMENDMENT 96003/ZONE CHANGE 96005:
Consideration of concurrent amendments to the City' s General
Plan and Zoning Ordinance maps submitted by Mervin Johns and
Robert Churchill. The proposals would change the land use
designation of the site from " Industrial Park" to
"Commercial Park" and the zoning district from "Industrial
Park ( IP) " to "Commercial Park (CPK) " . The subject site is
located at 2600 E1 Camino Real.
STAFF RECOMMENDATION: (Decamp)
1 . That the Negative Declaration prepared for the project be
found adequate under the provisions of the California
Environmental Quality Act.
000116
Planning Commission Meeting, September 3, 1996
2. Recommend approval to the City Council of Resolution No. 78-
96 amending the Land Use Element and Map of the General Plan
by modifying the land use designation of the site from
"Industrial Park" to "Commercial Park.
3 . Recommend approval of Ordinance No. 313 amending the Zoning
Ordinance by adding a CPK (Commercial Park) zoning district
and changing the zone shown on the Zoning Ordinance Map for
the site from "IP" (Industrial Park) to "CPK" (Commercial
Park) .
Prior to beginning consideration of this item, Chairman Edwards
stepped down and handed the gavel to Commissioner Bowen because of the
close proximity of this property to his own property. Commissioner
Bowen chaired the meeting during this item.
TESTIMONY:
Rush Kolemaine, P. O. Box 1990, supports the change and encouraged the
Commission to approve the proposal.
Richard Shannon, 5070 San Benito, has been trying to market this
property for several years. Industrial users are not interested in
the property. He indicated that a potential buyer asked to have (a)
and (b) under 9-3 .255 Development Standards removed because they are
not acceptable to him.
Mervin Johns, the applicant, asked to have the property changed back
to the original zoning. When it was changed to Industrial, he didn' t
even realize it at the time. Now, he would like it returned to
Commercial Park.
Art Everett, of Templeton, agrees with the change. He did, however,
note the consistent reduction of industrial land within the city.
ACTION: Recommend that the Negative Declaration prepared for the
project be found adequate under the provisions of the
California Environmental Quality Act.
Motion: Wallace
Second: Johnson
AYES : Wallace, Johnson, Sauter, Hageman, Zimmerman,
Bowen
NOES : None
ABSENT: Edwards
MOTION PASSED: 6:0 •
000117
Planning Commission Meeting, September 3, 1996
ACTION: Recommend approval to the City Council of Resolution No. 78-
96 amending the Land Use Element and Map of the General Plan
by modifying the land use designation of the site from
"Industrial Park" to "Commercial Park. "
Motion: Wallace
Second: Johnson
AYES: Wallace, Johnson, Sauter, Zimmerman, Bowen
NOES: Hageman
ABSENT: Edwards
MOTION PASSED: 5:1
ACTION: Recommend approval of Ordinance No. 313 amending the Zoning
Ordinance by adding a CPK (Commercial Park) zoning district
and changing the zone shown on the Zoning Ordinance Map for
the site from "IP" (Industrial Park) to "CPK" (Commercial
Park) .
• Motion: Johnson
Second: Wallace
AYES: Johnson, Wallace, Sauter, Zimmerman, Bowed
NOES : Hageman
ABSENT: Edwards
MOTION PASSED: 5:1
Chairman Edwards resumed his seat as chairman at this point in the
meeting.
000118
AGENDA ITEM: C-1
CALL BOX STAFF REPORT MEETING DATE: 9/24/96
To: All Cities and the County of the San Luis Obispo region
From: The San Luis Obispo Council of Governments
Ronald L. De Carli, Executive Director
Peter Rodgers, Associate Transportation Planner
Subject: Request for consideration by the City Council on the establishment of a
Service Authority for Freeway Emergencies to install call boxes on state
highways in the county.
Recommendation: Support implementation of a Call Box Program -Adopt Attached Resolution
(Resolution No. 84-96)
The SLOCOG Board is considering developing a program to install call boxes along roadways in
the county. The program is strongly supported by law enforcement agencies, emergency
response providers and by 3 out of 4 county residents. The program would be funded through a
$1 vehicle registration fee increase and approximately 170 call boxes could be placed throughout
the county. The SLOCOG Board is requesting each city and the County consider the attached
resolution to form a Service Authority for Freeway Emergencies.
This staff report: 1) answers the most common questions about starting a call box program, 2)
• provides specific information concerning the proposed program in San Luis Obispo County, and 3)
provides a resolution for approval by your Council, should you choose to support implementing a
call box program.
A. The Most Commonly Asked Questions about Call Boxes
What is a call box and how does it work?
The California call box program is a motorist-aid system operating on freeways, highways and
expressways in 26 of the 58 counties of the state. They are normally administered at the regional
level by local Service Authorities for Freeway Emergencies (SAFE). Normally SAFE's consist of
existing regional transportation commissions or Councils of Governments.
Call boxes provide motorists with a direct communications link to the California Highway Patrol
Communications center. Motorists can report a road hazard, flat tire, mechanical breakdown,
traffic accident or other incident.
Usingthe
call box is easy. Motorists need only pick up the receiver and the CHP dispatcher can
pinpoint his or her position. This benefit even extends to the small minority of drivers with car
phones, whose devices are of limited utility if the user does not know exactly where he or she is.
Upon receiving a call from a call box, CHP personnel will dispatch appropriate assistance,
whether it be a private to service, or law enforcement, fire of medical service. Use of the call box
is free, but motorists are responsible for towing another roadside assistance charges.
1
000119
What are the benefits?
Inexpensive Insurance ($1/per year) - The call box program has been likened by some to an
insurance policy, one that protects all travelers from getting stranded by the side of the freeway in
the event of car trouble. Like an insurance policy, one of the principal benefits is piece of mind -
the piece of mind that comes from knowing that help on the highway is just a phone call away.
Leverages Limited Resources- Because it provides a mechanism for dealing with ordinary,
non-emergency travel incidents, (90% of calls are for routine breakdowns)the call box program
frees uniformed CHP officers for higher priority law enforcement activities. Call boxes make it
possible to provide direct, targeted assistance, which greatly enhances the CHP's ability to patrol
the states large, far-flung highway system.
There are cost efficiencies associated with call boxes. Currently, if a CHP officer spots a stranded
motorist, the officer will stop to offer assistance. After stopping, the officer has to determine the
exact nature of the problem, and radio the dispatch center to send the appropriate service.
But, if the stranded motorist has already used a call box, the CHP officer may not be needed at
the scene. The officer is in radio contact with the dispatcher who can confirm that the motorist is
being assisted by the private sector. In the event the officer is needed at the scene, the arriving
officer knows exactly the nature of the situation before stopping. Or, if a tow truck is needed and
on the way, the officer is free to respond to other more critical situations that may need an officers
assistance.
Currently, the CHP sends a uniformed officer in response to cellular 911 calls that report a
stranded motorist. This requires the time of highly trained and valuable uniformed personnel, the
engagement of specialized vehicular resources (with associated fuel &depreciation costs), and
often times, the responding officer acts as a communication resource to send the appropriate
roadside assistance. With call boxes, the CHP dispatcher can directly, and more rapidly provide
the communication link at a significantly reduced operational cost.
Thus, because call boxes provide a mechanism for dealing with ordinary, nonemergency travel
incidents, the call box system frees uniformed CHP officers for higher priority law enforcement
assignments.
It Helps Motorists Out of Trouble-The motorist aid system delivers key benefits to the states
motorists. The call box system:
1. Ensures the safety of the motoring public by enabling individual drivers to receive
timely roadside assistance and reduces exposure time on the highway;
2. Stretches CHP resources by providing a way to deal with routine traffic incidents, without
the direct assistance of uniformed patrol officers;
3. Reduces congestion on California highways by facilitating the speedy reporting and
clearing of vehicular breakdowns and traffic incidents;
4. Enables quicker accident response to rural incidents -in isolated areas call boxes
may be the only means of reporting incidents;
5. Low costs -for only $1 per year motorists have access to over 15,000 call boxes;
2
000120
6. Assures local control - regional administration of the program directed by local elected
officials allows the system to be tailored to the community needs;
7. Offers reliable service -state of the art cellular and integrated circuit technology gy provides
virtual fail-safe communications link to CHP dispatchers.
8. New technology call boxes can become potential data links to traffic related monitoring,
communication and control functions, as well as future Intelligent Highway Vehicle
Systems.
How much does it cost?
One dollar($1) per year per registered vehicle pays for the program. Usage of the call box is free.
Aren't there enough personal cellular phones out there to make can boxes obsolete?
No. Current estimates are that approximately 12-16%of drivers have cellular phones. Full
market penetration is expected to be 30% of drivers. Call boxes are the only way to provide
universal coverage for all members of the traveling public. Passing motorists may call to report
that someone is stranded along the freeway, but often times the caller can't relate the exact
location or specific problem, making it difficult for the CHP to locate and properly respond.
The decision to install call boxes or not is an equity issue. While cellular phones will become more
prevalent among the affluent, it is likely that lower income groups (including students, fixed-
income senior citizens, or tourists)will not have cellular phones for many years, if ever.
Furthermore, it is the lower income groups that may be most likely to need roadside assistance.
Call box advantages:
• Better location data (exact)
• Reaches highest proportion of drivers (100%)
• Available 24 hrs/day, 7 days/wk on all covered highways
• Least cost insurance policy
Cellular
•9-1-1: Capable of IVHS (intelligent vehicle)functions, communications flexibility
• Access fee $30/mo. average, usage is $60 mo. average
• Current market penetration averages 12-16%
• Incident reports have significant locational error
• Non-emergency calls for other drivers are rare and w/o essential details
Who supports call boxes?
A countywide public opinion survey demonstrated overwhelming support for call boxes. A
statistically representative survey of all county residents showed, at a 95% confidence level, 76%
of residents support the installation of emergency call boxes for a $1 annual vehicle registration
fee increase. In the survey, only 19% of respondents opposed installing call boxes. The $1 DMV
fee was clearly stated in the survey questionnaire.
The California Highway Patrol, County Sheriff, City Police Chiefs, Fix Highway 46 Committee,
AAA Automobile Club, and other emergency response agencies support call boxes. In addition, a
Cambria resident recently surveyed the general public through member businesses of the
Chamber of Commerce. Of the 505 individuals that considered establishing a call box program
for$1 per year per vehicle, 499 were in favor and 7 were opposed.
3
0001:1
B. Selected Specifics of the Proposed Call Box Program for SLO County
How many call boxes would be installed?
Approximately 170-190 call boxes could be installed based on the current number of registered
vehicles in the county; and slowly expanded after the initial system is in place.
Where would the call boxes be placed?
The Call Box Installation Plan would be approved by the local SAFE in a public hearing. All state
highways are eligible routes (1, 101, 41, 46, 58, 166 and 227). Negotiations are also underway to
allow call boxes on local roads. Critical segments of Highway 101 (i.e. Cuesta Grade) and
Highway 46 appear good candidates for the first implementation phase. The density of call boxes
could be as close as 1/2 mile where warranted, or singular call boxes, located strategically on
rural roads, depending on need.
Which Agency would Administer the Program?
The San Luis Obispo Council of Governments is the logical regional agency to administer the
program. Some administrative functions such as service/maintenance contracts and group
purchasing arrangements may be possible through neighboring SAFE's in Santa Barbara County
or Kern County.
How much do call boxes cost?
The current cost per unit is about $2,700. Total operating and maintenance costs (which includes
all repairs & maintenance, insurance, accidental knock-downs, SAFE& CHP administration,
cellular service charges etc.) is about$950 per box per year.
Are alternative funding sources available?
Not for installing and operating a countywide system. SLOCOG staff has researched the "Adopt-
a-call-box" option, private industry financing (cellular companies), and other state funding
resources. Capital costs may be supplemented by these sources but system wide operations
require a dedicated funding source. User funding from DMV registration fees, as authorized by
legislation, provides a clear nexus for the program, and is supported by 76% of the general public.
Aren't call boxes more suited for urban counties and not rural counties like SLO?
No. Since many highways in rural counties lack the level of service (by the CHP and other
emergency response agencies) enjoyed in urban areas, motorists are exposed to much longer
waits and higher safety risks when breakdowns occur in isolated locales. Statistics show that,
though urban areas have most of the vehicle miles traveled and most of the accidents, rural
areas have a higher percentage of deaths and serious injuries resulting from automobile
accidents.
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What is the next step in the process?
After the cities consider forming a call box program, the County Board of Supervisors will make
the final determination. The law states that a SAFE may be established in any county if the board
of supervisors of the county and a majority of the cities within the county having a majority of the
population of cities within the county adopt resolutions providing for the establishment of the
authority.
C. Resolution of Support
(Attached)
Please do not hesitate to contact Peter Rodgers on SLOCOG staff at 781-5712 if you have any
questions or concerns.
5
000123
RESOLUTION NO. 84-96
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO
EXPRESSING SUPPORT FOR THE FORMATION OF
A SERVICE AUTHORITY FOR FREEWAY EMERGENCIES (SAFE)
WHEREAS, Chapter 14 of Division 3 of the Streets and Highway Code was
added by Chapter 1350 of the Statutes of 1985 providing for the establishment of a
SAFE, if the Board of Supervisors of the County of San Luis Obispo and a majority of
the incorporated cities of the County of San Luis Obispo having a majority of the
population adopt resolutions providing for the establishment of the authority; and
WHEREAS, The City Council believes that installing emergency call boxes will
improve the safety of the motoring public and facilitate timely roadside assistance to
100% of drivers; and
WHEREAS, The City Council bases its findings on a survey of San Luis Obispo
County residents that found 76% of the general public support the installation of call
boxes on state highways in the county, even if it meant paying an additional $1 per
year on their vehicle registration fees; and
WHEREAS, Across the state, the establishment of call box programs has
proven to stretch the limited resources of the California Highway Patrol, reduce traffic
congestion in congestion areas and enable a quicker, more efficient response to
roadside breakdowns and incidents and save lives at a nominal cost.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Atascadero to support the concept of forming a Service Authority for Freeway
Emergencies for the purpose of establishing a call box program in San Luis Obispo
County pursuant to Section 2550 of the Streets and Highways Code; and
BE IT FURTHER RESOLVED that the City Council of the City of Atascadero
supports the San Luis Obispo Council of Governments as the Service Authority for
Freeway Emergencies in San Luis Obispo County.
On motion by Councilmember , seconded by Councilmember
the foregoing resolution is hereby adopted on the following vote:
AYES:
NOES:
ABSENT:
ADOPTED: CITY OF ATASCADERO:
GEORGE P. HIGHLAND, Mayor
000124
REPORT TO CITY COUNCIL Agenda Item: C-2
CITY OF ATASCADERO
Through: Andrew J. Takata Meeting Date: 09/24/96
City Manager
File Number: ZC 95013
via: Steven L. DeCamp, City Planner
From:07�
Doug Davidson, Senior Planner
SUBJECT:
Adoption of an ordinance amending the official City Zoning Map by
rezoning certain real property at 2005-2375 E1 Camino Real/5505 Del
Rio from CN (Commercial Neighborhood) and RS (Residential Suburban)
to CPK (Commercial Park) and RMF-10(PD7) Low Density Multiple
Family Residential, Planned Development Overlay No. 7 . (Investec)
RECOMMENDATION:
Approval and adoption of Ordinance No. 309 on second reading.
BACKGROUND:
On September 10, the City Council conducted a public hearing on the
above-referenced subject. The Council approved Ordinance No. 309
on first reading.
/ph
Attachment: Ordinance No. 309
00012
ORDINANCE NO. 309
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
AMENDING THE OFFICIAL CITY ZONING MAP BY REZONING CERTAIN REAL
PROPERTY AT 2005-2375 EL CAMINO REAL/5505 DEL RIO FROM CN
(COMMERCIAL NEIGHBORHOOD)
00�AND D )(RESIDENTIAL DENSITY MULTIPLE FAMILY TO
(COMMERCIAL PARK)
RESIDENTIAL, PLANNED DEVELOPMENT OVERLAY NO.7
(ZONE CHANGE 95013 - INVESTEC)
WHEREAS, the proposed zoning text amendment proposes
standards that are consistent with the General Plan as required
by Section 65860 of the California Government Code; and
WHEREAS, the proposed amendment is in conformance with
Section 65800 et seq of the California Government Code concerning
zoning regulations; and
WHEREAS, the proposed amendment will not result in a
significant adverse effect on the environment - the Final
Environmental Impact Report (EIR) prepared for the project is
adequate as defined by the California Environmental Quality Act;
and
WHEREAS, the Atascadero Planning Commission held a public
hearing on August 20, 1996 and has recommended approval of Zone
Change 95013 .
NOW, THEREFORE, the Council of the City of Atascadero does
ordain as follows:
Section 1 . Council Findings .
1 . The proposal is compatible with the surrounding land
use and zoning designations.
2 . The proposal is consistent with the General Plan Land
Use Element.
3 . The proposal will not result in any significant adverse
environmental impacts; mitigation measures have been
incorporated into the project, which avoid or
substantially lessen the significant environmental
effects as identified in the Final Environmental Impact
Report (EIR) . The EIR is adequate as defined by the
guidelines of the California Environmental Quality Act
(CEQA) .
4 . Modification of development standards is warranted to
promote orderly and harmonious development.
0001217
•
Ordinance No. 309
Page 2
5. Modification of development standards will enhance the
opportunity to best utilize special characteristics of
an area and will have a beneficial effect on the area.
6. Benefits derived from the Overlay zone cannot be
reasonably achieved through existing development
standards.
7 . The proposed project offers certain redeeming features
to compensate for requested modifications.
Section 2. Zoning Map.
The City's Official Zoning Map is hereby amended to
reclassify the parcels listed below and as shown on the
attached Exhibit A which is hereby made a part of this
ordinance by reference.
Assessor' s Parcel Map #s 049-151-036, 037, 040, 041 and 049-
112-002,, 018
49-
112-002; 018
Lots 6, 7a, 8, 9, 10, Block 22, Atascadero Colony
Development of said property shall be in accordance with the
standards of the Planned Development Overlay Zone No. 7 and
the Conditions of Approval of Tentative Tract Map 95006 and
Conditional Use Permit 95010.
Section 3. Publication.
The City Clerk shall cause this ordinance to be published
once within fifteen (15) days after its passage in the Atascadero
News, a newspaper of general circulation, printed, published and
circulated in the City in accordance with Section 36933 of the
Government Code; shall certify the adopting and posting of this
ordinance and shall cause this ordinance and this certification
together with proof of posting to be entered into the Book of
Ordinances of the City.
Section 4 . Effective Date.
This ordinance shall go into effect and be in full force and
effect at 12 : 01 a.m. on the 31st day after its passage.
On motion by Councilperson and
seconded by Councilperson the foregoing
ordinance is hereby adopted in its entirety on the following roll
call vote:
0100128
Ordinance No. 309
Page 3
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO, CA
By:
GEORGE P. HIGHLAND, Mayor
ATTEST:
LEE PRICE, City Clerk •
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
PREPARED BY:
STEVEN L. DECAMP, City Planner
000129
REPORT TO CITY COUNCIL Meeting Date: 9124/96
CITY OF ATASCADERO Agenda Item : C-3
Through: Andy Takata, City Manager
From: Lee Price, City Clerk
SUBJECT:
Adoption of Ordinance No. 314, revising Ordinance No. 112, the "Traffic
Committee Ordinance".
RECOMMENDATION:
Adopt Ordinance No. 314 on second reading by title only.
BACKGROUND:
At the August 27" City Council meeting, staff was directed to bring back a
revision to Ordinance No. 112, which established the Traffic Committee, specifically
as it relates to the number of citizens who may be appointed to the committee. The
City Council adopted on first reading Ordinance No. 314 at their meeting of
September 10th. This matter is back for second reading.
00130
Bold italics = language to be added
ORDINANCE NO. 314
AN ORDINANCE OF THE CITY OF ATASCADERO, CALIFORNIA
AMENDING CHAPTER 3 OF TITLE 4
OF THE ATASCADERO MUNICIPAL CODE
AS IT RELATES TO THE TRAFFIC COMMITTEE
THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA
ORDAINS AS FOLLOWS:
Section 1 . Sections 4-3.209 and 4-3.210 of the Atascadero Municipal
Code are amended to read as follows:
Section 4-3.209. Traffic Committee.
(a) The City Council may establish an advisory Traffic committee to serve
�' P brie `"'e�'� City Engineer or
without compensation, consisting of the �-=
designee, whe she!! be the ehaiFpeFse i, the Chief of Police or designee, the
Planiging Community Development Director or designee, who shall be the
chairperson, one councilperson, and 2) three (3) ,.-dr, members-at-large
that reside within the City limits to be appointed by the City Council.
(b) The Streets Supervisor and one (1) youth representative shall serve in
an ex-officio capacity.
(c) Members-at-large and the youth representative sha//serve at the
pleasure of the City Council. Vacancies shall be filled in the manner established by
resolution for appointments.
Section 4-3.210. Term(s).
(a) The twe-(2) three (3) citizens shall be appointed by the City Council to a
term of two (2) years each.,
0{ 01:31
Ordinance No. 314
Page 2
(c) The terms of the Difeete of Publie Wefks City Engineer, the Police
Chief, and the P4affnjffg Community Development Director and the Street
Supervisor shall be for the duration of, and concurrent with, their respective
service in office.
(d) The ex-officio youth representative shall be appointed to a term of one
year.
Section 3. The City Clerk shall cause this ordinance to be published once
within fifteen (15) days after its passage in the Atascadero News, a newspaper of
general circulation, printed, published and circulated in the City in accordance with
Section 36933 of the Government Code; shall certify the adopting and posting of
this ordinance and shall cause this ordinance and this certification together with
proof of posting to be entered into the Book of Ordinances of the City.
Section 4. This ordinance shall go into effect and be in full force and effect
at 12:01 a.m. on the 31st day after its passage.
On motion by Councilperson and seconded by
Councilperson , the foregoing ordinance is hereby adopted in its
entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO A°
By:
LEE PRICE, City Clerk GEORGE P. HIGHLAND, Mayor
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
000IL32