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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 0 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 �f 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) 2 i 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.): f 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 I E. INDIVIDUAL DETERMINATION AND/OR ACTION: i 1. City Council 2. City Attorney 3. City Clerk 4. City Treasurer 5. City Manager : E . i 3 i 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. ph\ 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 ph\ Attachmentbr: Attachment A - Location Map Attachment B - Reimbursement Agreement cc: K ly Gearhart Cannon Associates 000001 WWj _,WA�LDEIKU . . of • . ff 1'1t�1 • • 1 1 • 1 • i �i • . �� 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 t v t j<s 4i i� 01 wtue- tf (1 �� t W �.7 fit i ( cn WQ t � I > D LAJ t :Fw ( to �7i►i f 1 HYv{f fLli i n.. �tl W N �� �t•` ».fin. n - ...».v....v _ 4` •' ( i f 000016 SEP-23-1996 07;46 FROM NORTH COAST ENG, INC TO ATAS PUB WKS P.14 0 � w !- 0 LLI uj N uj LU 00 z Il w UJ At 1- m rf l• t- 1 1~ p - 1 11 � f l ' •! ! l � 1 1 , 1 I tl � J2J �� 1 t� ala 1 1 � f it �I t 00001"7 SEP-23-1996 07:47 FROM NORTH COAST ENG.INC TO RTRS PUS WKS r 15 HZAIH Sytg1PS GWR - .. :. .. i x1- 0 uiWM ZwLy t' > .9c m d � Z m�`�-... "AV i 1 ! i ! i' ti t t; t t E' t• 1 t 1 t: 1 � � 000018 ♦� � Nl ' , ♦ rrMs OWN err ��► - i� ... ♦��'�ii��i tib' � �, ;:y �1 ���+ •. • 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 �/I • . � ........ `... � 1 ,y s 1 :,.. :..: 74 arYr; ::: ..:::::::::.: 7 P. O OtrQ Q. IN -� �� .. ............ E s w. t1: Y Q•. . SL :: , :e s M as F t r..r. t.. Z TO ..: �............tq � ( -O m'm -- moi.F1WVL Sn' ' SE �q�v v L:.T `+•rel•.. . 4N �` .�• y.�.�(� - 1,� � "��`'(::' �'�:::. :'.i:. � ���///lam f ..t. � /'•:�' F. ell • ..� .f�. � 'aa�.�•• !!!"' �. �, ��(p '.r ••:til•�\ . '•' '.f'...�' .'�^ � Vit, (.�,� �: G. - :/..-...• ...il :�..':'-'::-'�FfFC oe P U B., ­ 7d 000034 1" �\ CITY ( F ATASCADERQ f ATTACHMENT B 1 CONLNIUNITY DEVELOPMENT cord`^.ERCIAL ZONE �^- DEPARTMENT d � CUP 96009 ,Tj , hT 000035 , �. CITY OF ATASCADERO ATTACHMENT C �itliN"° " '■ "" SITE PLAN �scanea COMMUNITY� DEVELOPMENT CUP 96009 .,� DEPARTMENT \ z l / cL v � v v u u �� OOQ0 36 ' ... CITY R ATASCADERO �R •,�, ATTACHMENT D t'""���a ' "'•', FLOOR PLAN i COMMUNITY DEVELOPMENT CUP 96009 i DEPARTMENT � i OI 01 0 O 0�0 >siO 91 'u , � i c��Ca / O O 0 0 p . p O p o ooo O p OK oOo 0lO000 ,. su v�iL pp Q a� ,' o oO° O O 0 ® OO O d COUNT ROOM pO 0 s 0 00 00 0 0 x s w CAGE OL--)"O - - 000 0 so p O O O O p O O O O WOMEN p %s::. p p r _ O O O -N .. O Existing Billiards Hall O O0O ., M >r MEN O Main Entrance V 7�1s ' PROPOSED FLOOR PLAN Scale 1" = 10' • 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 A,$ kAF-1 � - T 0 X. J-#%FN)( P D7 ti. Ir Ir / f \\ r r130M RMF- Ib) KEY—' TO "RNl F- Ito C P2>7S New Zone="ABC' • Old Zone=(XYZ) All Overlay Zones to remain unchanged 00000-0 ORDINANCE NO.3J2— EXHIBIT B Page S of 5 —Mlr— EG6N0+ rfkTAT/V9 M,Io— TRACT Ml, A P6AAIA1C0 VlWl0PHE,t/7 (00.7) .., wr.Ir Y I! w �I� tYI°I r I•, III M'M,1 �� ~ �rYw •; 4wII..,f..r.r I : ®� nf.lX w•... n M I �r .ri»» + O + � .I r ' r r r � • rr r r I I,(r tws I « I rt I • b 111 ! e `� L� r i "'v ♦ .. • 111 !• w .I ;._ +;I + 4' _ I ! •~ V i N Yy ~ f r r r wt •� � ' } \ 6 pOt �2Z4�1f11�+?_}s11<r1 QW/lrR�� •�• <� ! rs i ilea,i;'i°Jru insAir/ON Msmi oemt/ tcu[,r••06' Afltflyrt�/RGL�r /rurArlV[ MAf /rl ffArisTYt4: aoracn rlrs 1vlvtw {w��. Rr r'a—:Z9 wIr.II r fI•rwr na.Ir•w r:ei!'::iwl~•,•:•:r• IrwIM 1•wIt If M r.f r„u r iw�wir w,rr/trlt• r.rl�.a.wl.+wn.w �.M�I,Iw.,nrr..l. n. 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 .: WN HIGH i [�ENSITIG e°All— Mb LTI �r TAMIL L •6 i :-..fit...::'... ••. .. •;:.":...:•:'::_:..�'.'.:•,:.:�;.•''.�:::'.'.::. ♦ � � l A•-•.�'� I is ♦ \ irg, I�its co s 0000U)'7 ATTACHMENT B CITY OF ATA ZONING MAP ,� .. SCADERO TTM/ZC 96009 COMMUNITY DEVELOPMENT DEPARTMENT RSF•Z (PD7) r f �^ t � - -srgE'FT � yso�• „M F 1 1 [�.. [Q]mac RSS S . ) .. e Lam, ! r•_.- .. ti � �\ `n'e5<17' i 00005S ATTACHMENT C CITY OF ATASCADERO TRACT MAP F,�.f� � COMMUNITY DEVELOPMENT TTM/ZC 96009 DEPARTMENT L GENDf 1EA17A77ye MAo— TRACT 2233 A AZAAlM W A41WI PHN17' ("'p-7) —nmwq.ur a0 iy /'4. '>�•r fRnYYN fM NIw."av wnnw wcrw..r,..r. 1 A 1t p AAVOr�mn rnAcr rr d� a? aIf•' �,. . ,q A1gp/I Nrrt•v .1�� L =;. •.�.....,.. .•v.Anf N MrorlO�NA ww a•.w wr//s p� d n MO•N ty r anu Yf/Y• ar fN.N' .r 1' nw .. �...—r "tlbHi nA•rrI F.•.' .. .-�M. .. —.q.�. .-... �.»..y.. O u. navnN�rc•wrran.. IC� M/ � wrN � I ! • ! r — r �l1td I !I3 Z I r n 4 zv V �.y�j•'� � . yJ y1y }A+rN�A•f � • fN.� � e I — " wr�gr.�i rr.�ii•+rf roKwr "••wlao er. -- - �" uN A.0 Nu/ro NA! i/oij:ir/�rl/u/'ff•ra bfo i./irO,n [ Mr.-M PON MS/N OELA lk !Ia[N{•IIN.rNl! /'.q'+Mn fM•/ . !nA an ra.•fo.1 'u 1��fLfjOK/ARCL4 *t I .! C M tl p PN.f11•N! •r• — nwrA VVI HAS �/r6 frAT/4f/c47 Ntl101Rf tANO JP(V[W / .�•��ti, LCr AV. :Z0.6 !-uferu KfN •r �N. •aw w r c r an saw.naw tli7'avrl rwrrw,.. /.Ap I[,rta•!A M't•/R AR.K•LK A/W rem fA. / YAgI}kY/YIHI MIfMMY[A+tIIIRO f.1/A[lr!A rw+rnlKN•I/.f AI.AwKr ann/r AN � �MI �•`� INNw•iNnw'ni�d:�,ron.� f/NAQAI n•4, n A-,', �.' ��' W'NWI. .IUly�/ I x~1•N . 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/' I CONCRETE DRIVEWAY t 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 � 1 HALL WARD. BEDROOM p 1 � HAIL DINING BEDROOM f ' _ UTIL :.BATH. _ , I i LLJ � 2K.TCHEN J 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 ` r5A1rA7'1VE J,/Ir— 7•RACT MZ -9, 4 P4AA1A1CD PIWWG PWA lr (,OP-7) .r+w•iJ—r.�.+. a/.www JAj r _— ��/��� � IPA 4/C/N/TY MA• � e r anA An. p u sy.wr a.w/arr It� I 1 t R _ C I O � "/...rw r w � , 11.L A♦ ! / y I 1f1w i i e !I ff (� sv r _ I � wN r. pr u � r I •i r". h � �.. ..r �. i/t.+ 13 I 1•• ��/ 1 .. J !� i <4 • ti 1 its uu w�.re ISI/ �- c(1 L J Je b�rc`;���,/a.ou O1fLNTlON 6AS/NOEtA/L fuel,!•.y' Aff<ffyX�/Rt[4 •�: f1A/fArvi MA¢ ¢/fG ff1T/4ffC4: fAN/NOfOfRf WRVl►1 �_••` �� TRACE W. 1219 su w•u r�w /ws /)/,/�• wr,T.w../�w IMII/w M'NY•tt(Af•4r.,/W rrM1 , ` ..w ni : 1'n�M/MwI'nY 1 u.,c/./ /wr.n/KN•...,.<.a.+/ts s.•n sw lieu iu vlw•s• �l` l/"'///111 w.s.n.n�w.L.�..wn. • 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 Page 1 of 1 ° 0 o a� -4i�4, c. c V \ F O O O ` N B NITO SAN SEN+ r PE L UV r n � > t / yq� FS�R Z O O♦ rn N D 10 D / 1 O O \9F J. Y Z D C /Z > O F CAMPBELL J v G 9. Kms` "Commercial Park" 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 j L 0 a/0 i Ak i a a � 0 s 0 MI70 v SAN LJ �eENI M D i Z a o 9 8 2 a . ' o v CAMPBELL i 1 V Z- it i 0 L C r � � < I`SA, KEM 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 A 1 ��;?'� �.�. j�'ii����r, � • . • . . . • . ice►; �, ,�� i ORION -I Z-o"R. " A ,meq ATTACHMENT B CITY OF ATASCADERO Location Map: Zoning Map r COMMUNITY DEVELOPMENT. GPA 96003 DEPARTMENT zc 96005 / r xj 711.1it 100 \ A b IA;UV ROA .70 a D L , r.n- { C 0000`); ATTACHMENT C , m 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 i IN \1 WAM \� W i �INS III 10M �--� ... 111 �, ••• �� ,':�•��� a :■. Its •.� x:11:• •. �I� �= VIA, rte-- ■ ...� ► .. 1 � � � mm ♦ ♦ 0WON . � ■ 1� �'� _��� � ' L �� � ► as •, 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 �90 � \ -Sill / ..,. .,i�/ I• ` �� � � F r��F /o �,C;6 1 0 o f N 8 NITO SAN rl1 i �EN�T e L Uv � r _ n > i) y4 S.�;K oZ O• Li � T Z O O 91 > , 1 . -D CAMP9ELL If � I 1 + n 040 � I 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 u: � i i ' r OW9 n v a o 0 `AN a MTO / � eFNrt LATV f � r fS�C2fE r. OAi I N D T s D �d I I ° a CAMPBELL �a l I t I < SAN xEY: 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. 4 000122 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