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HomeMy WebLinkAboutAgenda Packet 10/08/1996 PUBLIC REVIEW COPY " from ter ATASCADERO CITY COUNCIL REGULAR MEETING OCTOBER 8, 1996 ' i CITY ADMINISTRATION BUILDING 6500 PALMA AVENUE, 4T" FLOOR ROTUNDA ROM 7:00 P.M. i George Ray George Harold David Luna Johnson Highland Carden Bewtey 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 A as 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 taken shall include. A refs ral to staff with specific requests for information,continuance specific direction to staff concerning the policy or mission of the item; discontinuance of consideration; authorization to enter into negotiations and execute agreements pertaining to 'the item; adoption oapproval; and, disappro val. 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 12081 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. In compliance with the Americans with Disabilities Act,of you need s�ecial assistance to participate in a City meeting or other services offered by this City, please ontact the City Manager's Office, (805) 461-5010, or the City Clerk's Office, (805) 461-5074. Notification at least 48 hours prior to the meeting or time`when services are needed wi I assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. 6.00 P.M. - CLOSER SESSION:, 1) CONFERENCE WITH LABOR NEGOTIATOR: Agency Negotiator: City Manager Employee Organizations: Management; Mid-Management/Profe sional; Fire Captains; Firefighters; Atascadero Sergeants Service Orgn.; Ata cadero Police Officers Assoc.; Atascadero Public Safety Technicians Orgn.; Service Employees Intl. Union; Confidential Employees; City Attorney I i 2) PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager 3), CONFERENCE WITH LEGAL COUNCIL = ANTICIPATED LITIGATI N A. Significant exposure to litigation, pursuant to Govt. Code�Sec.`54956.9 (b): One (1)'case 7:00 P.M. - REGULAR SESSION: {Please see Rules of Public Participa6i n back page) 0 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATIONS: M "Fire Prevention Week", October 6-12, 1996, "Red Ribbon Week", October 23-31, 1996 COMMUNITY FORUM COUNCIL COMMENTS 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.• 1• ACCEPTANCE`OF IMPROVEMENTS - RECLAIMED WATER EXTRACTION WELL PROJECT, PHASE 2 (Bid No. 96-02) (Staff recommendation: Accept) 2. FINAL TRACT MAP 95002 (TRACT 2198), 3555 EL CAMINO REAL Final approval of subdivision to divide a 5.24 acre parcel into five (5) one-acre parcels for single- family residential use (Shores/Shannon/Cannon Assoc.) (Staff recommendation: Approve) 3. GRANT OF EASEMENT TO PG&E ON MORRO ROAD AND PISMO AVENUE (Staff recommendation: Approve) 4. RESOLUTION NO. 88-96 - Authorizing award of bid for Dial-A-Ride vehicle to be purchased with Federal grant funds for transportation purposes (Staff recommendation: Adopt) 5. POLICY REGARDING DISPOSITION OF PLANNING COMMISSION TIE VOTES (Staff recommendation: Approve/Refer to Planning Commission for adoption) B. PUBLIC HEARINGS: 1• 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 (Cont'd from 9/24/96) A. Resolution No. 78-96 - Amending the Industrial Park landusedescription and the land use map designation from Industrial Park to Commercial Park at 2600 EI Camino Real (Planning.Commission recommendation: Adopt) (con td next page) 2 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 EI Camino Real from (IP) Industrial Park to (CPK) Commercial Park (ZC 96005; Johns/Churchill) (Planning Commission recommendation: Motion to waive reading in full and introduce on first reading, by title only) 2. GENERAL PLAN AMENDMENT 95002/ZONE CHANGE 95003 - Consider the certification of a Final EIR, the General Plan Amendment and Zone Change known as the "South Atascadero Urban Service Line Extension and General Plan Land Use Map Amendment" A. Environment Impact Report - Certify as adequate under CEQA (Planning Commission/Staff recommendation: Approve) B. Resolution No. 77-96 - Approving an amendment to the General Pian Land Use Element by amending the Commercial Park and Industrial Park land use descriptions, changing the land use map designation from Suburban Resi- dential to Commercial Park and High Density Multiple Family, and extending the Urban Services Line within the South Atascadero specific plan area (GPA 95002; City of Atascadero/Hendrix) (Planning Commission recommendation: No recommendation/Staff recommendation: Adopt) C. Ordinance No. 311 - Amending the Zoning Ordinance text by creating a (CPK) Commercial Park zoning district, adding Planned Development Overlay No. 10 and amending Map 23 of the official zoning maps by rezoning certain real property located at 11500 EI Camino Real from (RS) Residential Subur- ban to (CPK) Commercial Park with (FH) Flood Hazard and (PD 10) Planned Development #10 overlays and (RMF-16) High Density Multiple Family (ZC 95003; City of Atascadero/Hendrix) (Planning Commission recommendation: No recommendation/Staff recommendation: Motion to waive reading in full and introduce on first reading, by title only) C. REGULAR BUSINESS: 1. RESOLUTION NO. 89-96 - Consenting to the transfer and assignment of the existing cable television franchise contract with Falcon Cable Systems Company, L.P. to Falcon Cable Systems Company II, L.P. in Atascadero, CA (Staff recommendation: Adopt) 2. ORDINANCE NO. 312 - Amending Map 23 of the official zoning maps, rezoning certain real property at 10780 EI Camino Real from RMF/16 to RMF/16 (PD7) (ZC 96009: Shannon/Shores/Sholders) (Staff recommendation: Waive reading in full and adopt on second reading by title only) D. COMMITTEE REPORTS (The following represent standing committees. Informative status reports will be given, as felt necessary.): 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 Advisory Group 3 4. Economic Round Table 5. Finance Committee 6. Air Pollution Control District 7. North County Council 8. Ad Hoc Regional Water Management Committee 9. Integrated Waste Management Authority E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Attorney 3. City Clerk 4. City Treasurer 5. City Manager 4 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: O 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). O Persons wishing to speak should step to thep odium and state their name and address, for the official record. O All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. O No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commissions and staff. O 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. O 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. O 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. "FIRE PREVENTION WEEK" October 6-12, 1996 WHEREAS, The week o f October 6-12, 1996, has been designated as Fire Prevention week nationwide; and WHEREAS, Fire Prevention week is held in commemoration o f the anniversary o f the "Great Chicago Fire"; and WHEREAS, The Atascadero City Fire Deyartment and firefighters nationwide symbolize Fire Prevention Week as a time to stress the imyortance off ire yrevention and education to the#hC; NOW, THEREFORE, I George Highland, Mayor of the City o f Atascadero, do hereby yroclaim the week of October 6-12, 1996, as "Fire Prevention Week'. GE GE P. HI D, Mayor City of Atascadero, CA Dated: October 8, 1996 'Red Ribbon Week- October 23-31, 1996 WHEREAS Tobacco, alcoho: and other drug use and abuse has reached pandemic stages in cahfornw and throughout the United states; and WHEREAS, It is imperative that community members launch unod and visible tobacco, alcohol and other drug prevention education programs and activities to eliminate the demand for these substances; and WHEREAS, Cal fornianc for Drug-Free Youth, Inc. (CADFY) coordinates the California Red Ribbon celebration in cooperation with National Family Partnership to offer our citizens the opportunity to demonstrate their commitment to healthy, drug free 1t festyles; and WHEREAS, President Bill Clinton is the National Honorary chairman,,and Governor Pete Wilson and Mrs. Gayle Wilson are the State Honorary chairpersons to provide national and state focus on a Drug-Free America; and WHEREAS, The Red Ribbon celebration wig be observed across America during RED RIBBON WEEK, October 23-31st, 1996; and WHEREAS, Parents, Youth, Government, Business, Law Enforcement, Schools, Religious Institutions, Service organizations, Social Services, Health Services, Media and the General Public wig demonstrate their commitment to drug free communities by wearing and displayag Red Ribbons during this week-long celebration; NOW, THEREFORE, Be it proclaimed that the city council of the city of Atascadero does hereby support October 23-3I, 1996, as RED RIBBON WEEK and encour es all citizens to artici ate in tobacco, � p p alcohol and other d revention o ams mak' rug p pr a visible statement and commitment to a healthy, d - ee � � y �� community, and to pledge: NO USE OF ILLEGAL DRUGS, AND NO ILLEGAL USE OF LEGAL DRUGS. GEORGE P. HIG D, Mayor • City o f Atascadero, calf forma October 8, 1996 County of San Luis Obispo 1850 Drug and Alcohol Services V 1102 A Laurel Lane ❑ 994 Mill Street, Suite 201 San Luis Obispo, CA 93408 San Luis Obispo, CA 93401 (805) 781-4753 (805) 781-4275 FAX (805) 781-1227 FAX (805) 781-4304 PAUL HYMAN DIRECTOR&ADMINISTRATOR OCT - f W6 September 25, 1996 r. LL City of Atascadero ATTN: City Council Members RE: Red Ribbon Week Proclamation As Chair of the Red Ribbon Celebration committee, I would like to invite and encourage your city to make a proclamation (sample enclosed) in recognition of Red Ribbon Week, October 23 to 31, 1996. Countywide participation--demonstrated in part by your city's proclamation--will help to ensure that the week-long Red Ribbon Celebration is a meaningful and memorable success. Other important Red Ribbon Week components include a poster contest for grades K-6 from September 11 to 27, and a huge Kickoff event at Camp San Luis on Sunday, October 20, from 11 a.m. to 4 p.m. (flyer to follow). Please call me at 473-7189 with any questions. Thank you for supporting a healthy, drug- free lifestyle for your city and for San Luis Obispo County as a whole. -4 4; f Ill./ Vicki Farrer ` encl. • Treatment & Recovery Services • Drinking Driver Programs: First Offender/Second Chance • Probationer's Program • Planning • Community Recovery Centers • Youth Treatment/Early Intervention • Perinatal Services • Prevention & Education • Public Policy • Dual Diagnosis Program • Home Detoxification • Residential Services • AIDS Education/Training • Drug Diversion • School Site Services REPORT To CITY COUNCIL, CITY OF ATASCADERO Meeting Date: 10/08196 Agenda Item: A-1 1hrough. Andrew J. Takata, City Manager Via: Steven J. Sylvester, City Enginee From: John B. Neil, Assistant CitvEngineer AMCr Acceptance of the Reclaimed Water Extraction Wells, Phase 2 improvements. RE. QMMENDATIp ; Staff recommends the City Council accept the subject improvements as complete and requests authorization from Council to release the 10% retention in the amount of $10,902.54. DISCUSSION.. Staff has reviewed the completed Reclaimed Water Extraction Wells, Prase 2 project and determined the improvements to be in substantial conformance with the project plans and specifications. FISCAL IMRACT The total fiscal impact for construction, contract change orders, construction staking, construction observation and contract administration was$113,002.44. Council Resolution No. 31-96 approved the construction contract with A.J. Excavating, Inc. in the amount Of 1100,936.00. The projected fiscal impact for the project at that. time, including a 10"1 contingency, administration, oonstruction staking, and construction observation, was $122,529.60. The source of funds is the City Wastewater Fund. ATTACHMENTS: Attachment A- 04/23/96 Staff Report Attachment B- Notice of Completion 93110AGO.ATA 000001 Rrzpop.T'rO CITY COUNCIL Meeting Date: 04123196 CITY OF ATASCADERO Agenda Item: 9-d Through: Andrew J Takata, City Manager Via: StevenJ Sylvester, City Engineer From: John KNeil, Assistant City Engineer Bid Award Reclaimed Water Extraction Well Project, Phase 2 Bid too. 96-02 RECOMMENDATION: Staff recommends the City Council adopt Resolution 31-96 awarding a contract to construct the Reclaimed Water Extraction Well Project, Phase 2 to A-JAY EXCAVATING, INC. DISCUSSION: Bids were solicited to provide a well pump at an existing extraction well. Bids for the project were opened;on April 16, 1996. The project is identified in the City's 1990 Sewer Master Plan 96d is a part of the Department of Public Works 5-Year Capital Improvement Plan. This phase of the woik involves supplying and installing a pump at an existing extraction well constructed in Phase 1, together with the necessary piping to connect the well output to theil Misting reclaimed water system and,also provides the electrical supply and metering for this well pump and for two future extraction wells. It is anticipated that the water recovered by this well, and the future extraction wells, will provide a high quality reclaimed water without excessive suspended solids and algae, which can be distributed without disinfection. This complies with a Reqional Water Quality Control Board recommendation for protecting the ground water supply and for providing a high quality reclaimed water to the golf course and other potential users. The Bid Summary prepared by the City Clerk and the Itemized Bid Summary are included for reference along with an excerpt from the adopted 5-Year Capital. Improvement Program. The bids have been checked for completeness and accuracy. The City Engineer finds the lowest responsible bidder to be A-JAY EXCAVATING, INC with a bid of $100,936.00. The Engineer's Cost Estimate for the project was $158,000. 0U0002 Meeting Date: 04/23/96 Page 2 FISCAL. IMPACT: The projected fiscal.,impact is as follows: Construction;Bid $100,936.00 Contingence s @ 1096 10..093.60 Subtotal $111,029.60 Survey, construction staking, oonstivcdon observation $ 11.500.00 TOTAL.ESTIMATED COST $122,529.60 ATTACHMENTS• Attachment A- Project Bid Summary Attachment B - Itemized Bid Summary Attachment C - Resolution No. 31-96 Attachment D - ;Excerpt from 5-Year ClP 93liakp,rATA • 000003 RECORDINC REQUESTED BY: (and when recorded, mail to:) City Clerk CITY OF ATASCADERO 6500 Palma Avenue Atascadero,CA 93422 NOTICE OF COMPLETION NO TRANSFER OF PROPERTY Notice is hereby given pursuant to Civil Code section 3093.- I 093:7. The undersigned is corporate officer for the City of Atascadero, owner of property hereinafter described. 2. The full name of the owner is the City of Atascadero. 3. The full address of the owner is: 6500 Palma Avenue,Atascadero, CA 93422. 4. The nature of the interest of the owner is in fee. 5. A work of improvement on the property hereinafter described was completed on August 26, 1996. 6. The work done was Reclaimed Water Extraction Wells, Phase 2. 7. The name of the contractor who performed such work of improvement was A.J. Excavating, Inc. The date contract was entered into was May 15, 1996. 8. The propertyon which said work of improvement was completed was in the City of Atascadera, County of Sari Luis Obispo, State of California, and is described as follows: Adjacent to Effluent Percolation Ponds. 9. The street address of said property is: None. Dated: ANDREW J. TAKATA, City Manager City of Atascadero VEMIOq ION 1,the undersigned, say that 1 am the City Manager,declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof;the same is true of my own knowledge. declare under penalty of perjury that the foregoing is true and correct. Executed on at the City of Atascadero, California. ANDREW j. TAKATA, City Manager 9311 Obna.ata City of Atascadero 000004 REPORT TO CITY COUNCIL CITY OF ATA CADERO Agenda Item:em• A-2 • Through: Andrew J. Takata Meeting Date: 10/08/96 City Manager File Number: TTM 95002 via: Steven L. DeCamp Acting Community Development Director From: Doug Davidson Senior Planner SUBJECT: Consideration of Final Tract Map 195002 to divide a 5 .24 acre lot into five (5) parcels of one acre each for single family residen- tial use. Subject site is located at 3555 El Camino Real (Jim Shores/Richard Shannon) (Cannon Associates) . RECOMMENDATION: Accept Final Tract Map #95002 . BACKGROUND: On September 26, 1995, the City Council conducted a public hearing on the above referenced map. The City Council denied an appeal of the Planning Commission' s recommended Conditions of Approval and approved Tentative Tract Map #95002 subject to the Revised Conditions of Approval. All conditions have now been met by the applicant. Ph\ Attachment: Location Map cc: Richard Shannon Jim Shores Cannon Associates 000005 CITY (fir ATASCADERO ZONING MAP � � n COMMUNITY DEVELOPMENT 9 s o 0 2 DEPARTMENT TTM �NGA AMAACa� n > \/Y > O r AVE / /\ \SRO ja4 2 R I� i 7Q I MA ' Tq ✓ ! / { ANgUI LLArr— 0 i I II . Fa CAYt1C05 I I I EL Ca MI p0 S ' 'Y IOI ,MQ11° I Ro,o I " Rol R��F w a E •s. W / 1 h pQ Z l tEaE� �J s Z` AI q i VENAO OO \ 1� A �. 1 ARJCOp�y j O 7 000006 REPORT TO CITY COUNCIL Meeting Date: 10/8/96 is CITY OF ATASCADERO Agenda Item : A-3 Through: Andy Takata, City Manager From: Lee Price, City Clerk SUBJECT: Grant of Easement to P.G. & E. on Morro Road and Pismo Avenue. RECOMMENDATION: Approve and direct the City Clerk to record the Grant of Easement. BACKGROUND: In 1994, the City Council established boundaries for Utility Undergrounding District No. 3 (Morro Road and Amapoa Avenue). The attached Grant of Easement to P.G.&E. will help facilitate the construction of underground public utilities. FISCAL ANALYSIS: • Funding for the undergrounding project is paid for out of Rule 20A funds. This money comes from a percentage of P.G.&E. customer rates and can only be used for the purpose of undergrounding overhead electric utilities in commercial and scenic areas. Attachments: Grant of Easement Memo from John Neil, Assistant City Engineer 0000 62-3111(REV.2-93) AFTER RECORDING,RETURN TO: PACIFIC GAS AND ELECTRIC COMPANY Land Depam7ent P.O. Box 592 San Luis Obispo, CA 93406-0592 Location: City/Uninc Recording Fee Document Transfer Tax $ [ ] Computed on Full Value of Property Conveyed, or [ ] Computed on Full Value Less Liens & Encumbrances Remaining at Time of Sale. Signature of declarant or agent determining tax (SPACE ABOVE FOR RECORDERS USE ONLY) EASEMENT CITY OF ATASCADERO, a public body of the State of California, hereinafter called first party, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called second party, the right from time to time to construct, reconstruct, install,inspect, maintain, replace, remove, and use facilities of the type hereinafter specified, together with a right of way therefor, within a strip or parcel of land or along a route as hereinafter set forth, and also ingress thereto and egress therefrom, over and across the lands situate in the city of Atascadero County Of San Luis Obispo , State of California, described as follows: (APN 31-372-011) That portion of Lot 13 of Block JC of Atascadero described and designated Parcel C in the Quitclaim Deed from County of San Luis Obispo to City of Atascadero dated November 18, 1986 and recorded in Volume 2938 of Official Records at page 920, San Luis Obispo County Records. Said facilities shall consist of: Such underground conduits, pipes, manholes, service boxes, wires, cables, and electrical conductors; aboveground marker posts, risers, and service pedestals; underground and aboveground switches, fuses, terminals, and transformers with associated concrete pads; and fixtures and appurtenances necessary to any and all thereof, as second party deems necessary located within the strip of land described as follows: A strip of land of the uniform width of 6 feet lying contiguous to and southeasterly of the southeasterly boundary line of California State Highway 05-SLO-41 and extending southwesterly from the northeasterly boundary line of said Lot 13 10.0 feet (measured along said southeasterly boundary line) . ___ COPY q-31 2(REM.1-90) SHEET B First party shall not erect or construct any building or structure or drill or operate any well within said strip or parcel of land. The legal description herein, or the map attached hereto, defining the location of this utility distribution easement, was prepared by Pacific Gas and Electric Company pursuant to Section 8730 (c) of the Business and Professions Code. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. Dated 19 CITY OF ATASCADERO By By . Los Padres Division GM 4178570 SD# E76350 Plat No II-33-18 Dwg No S-2812331 T28S,R12E, MDB&M 9-12-96 SEC.27, SE 1/4 of NW 1/4 Prepared: MJM 54936N.DOC Checked: CJM 62-4202 Notary(General)Rev.8/91 STATE OF CAPACITY CLAIMED BY SIGNER SS. COUNTY OF []'Individual(s)Signing For Onesefffrhemselves On before me,the undersigned,a Notary Public for said State,personally I]Corporate Officer(s)oftheAboveNamedCorporation(s) appeared []Guardian of the Above Named Individual(s) ( ]personally known to me-OR-[ J proved to me on the basis of satisfactory evidence to be the person(s)whose 11,Partner(s)of the Above Named Partnership(s) name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or I 1 Attorney(s)-in-Fact of the Above Named Principal(s) the entity upon behalf of which the person(s)acted,executed the instrument. (],Trustee(s)of the Above Named Trust(s) WITNESS my hand and official seal. []Other Signature 000009 62-3338 Rev. 5/85 Right of Way Map wo tl co LOt 10 M M I O o � z C� LOt II ® C n LOT 12 LOt 24 6' x City of Atascadero Vol 2938 OR Pg 920 LOr 13 LOf 22 OLOCK JC ,q1 0 LOT 21 q� l� Unless orheralse shown S E C 27, SE 1 /4 OF NW 1 /4 M courses extend to or dlong boundaries or lines CITY. RANCHO, SUBOIVISION, ETC. SCALE DATE CITY OF ATASCADERO 1 " =50' 9- 12-96 SECTION TOWNSHIP RANGE MERIDIAN 27 28S 12E MDB& COUNTY OF: SAN LUIS OBI SPO CHG DATE DESCRIPTION AUTH BY CH F. B. DR. BY:MJM CH. BY: CJM SD# E76350 JPG& E LOS PADRES GM 4178570 S-2812331 REFERENCES 549361. DRW DIVISION I AUTHORIZ I DRAWING N0. CHG. '0004-10 CITY OF ATASCADERO ■■ ■.■ DEPARTMENT OF PUBLIC WORKS lois ■ e 6500 PALMA AVENUE,ATASCADERO,CA 93422 Telephone:(805)461-5020 • Fax:(805)461-7615 MEMORANDUM September 30, 1996 TO: Lee Price, City Clerk FROM: Kepler R. Tumler VIA: John Neil, Assistant City Engineer 4*.� SUBJECT: P.G.& E. Hwy 41 Easement We have reviewed the attached easement and take no exception to it. 'lease schedule for City Council acceptance. Please call if you have any questions regarding the above. N:\KR-RPGE-ESMT.MO1 i 0090- 1 REPORT TO CITY COUNCIL Meeting Date: 10/8/96 • CITY OF ATASCADERO Agenda Item: A=4 Through: Andrew J. Takata, City Manager via: Brady Cherry, Director of Community Services From: Valerie Humphrey, Staff Assistant SUBJECT• Award of Bid for Transit Vehicle. RECOMMENDATION• Adopt Resolution No. 88-96 authorizing the purchase of a new Dial-A-Ride transit bus from Transtar Bus Company with federal grant funds. BACKGROUND: During Fiscal Year 1995/96 the City of Atascadero received an UMTA Section 18 grant for the purchase of a transit vehicle. In January of this year bids were solicited and received for the purchase of this vehicle. After receipt of the bids it was discovered that the grant had been inadvertently canceled by the Caltrans Sacramento office. It has taken until now to resurrect the grant and proceed with the purchase. In the original bid, the specifications called for a "new, current model paratransit bus" . Because of the delay in awarding the bus, the 1996 model vehicle specified in the Transtar bid is no longer available. Transtar is proposing to provide a 1997 vehicle at a price increase of $1794 . 00 over the original bid. Even with this increase Transtar remains the low bid firm. DISCUSSION• The Atascadero Dial-A-Ride system currently operates with a fleet of 7 vehicles. Most of these vehicles have in excess of 100, 000 miles and have been rebuilt either completely or partially. With the addition of this new vehicle we will be able to retire the least reliable vehicle. • FISCAL IMPACT• • The grant received from UMTA will cover $35, 100 of the purchase price with the remaining $13, 553 being paid out of TDA funds. The total cost of this vehicle is $48, 653 . 00. Attachments: Rsolution No. 88-96 Bid Results Letter from Transtar dated 9/17/96 00`0013 RESOLUTION NO. 88-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH TRANSTAR, THE BUS COMPANY FOR THE PURCHASE OF ONE TRANSIT VEHICLE The City Council of the City of Atascadero, California hereby resolves as follows: 1. The City Manager is hereby authorized to execute an agreement with Transtar, the Bus Company for the purchase of a transit vehicle. 2 . The City Manager is hereby authorized to make minor corrections or modification of a mathematical or clerical nature. 3 . The Finance Director is hereby authorized to appropriate funds, if necessary; release and expend funds; and issue warrants to comply with the terms of this agreement. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero held on the 8th day of October, 1996. ATTEST: CITY OF ATASCADERO By: LEE PRICE, City Clerk GEORGE P. HIGHLAND, Mayor APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney "000014 � H m K 0 � 0 f- a, a w � NNlP W Na ct NN I-A0 NBch. N .�! N W NN 00 N (t N N W m H hA N &b '.Y N 0% rA U1 to x O N m 3cu. EA m 3cu.rA b co w 0 ct :9 u•to ct 3c to ct x I m ct :r 9 m w d a m a ::r r. m J n � a s �' a m w m w l✓ � K F-j mro ctw m 0 a m a m W ti M W W m ctw mto (trA (D ~ Y rA0 mbrt 0 mbrA mrA0 F, to r- r rA n� U) 0 p, Q W UI H W0 N N m w N m rA A rA rA A to ril ynN � t'W NN NW (D N ' m ti WM %QW Fa D) wm FI- ct a s �v a su m a m w It P• ct m X �J H Ea H " K rA n mW (D t:rrt cD 4j� � W ((D w w p w w w W ,u ci Qu. (D Ul d> F' l0 l0 J m H to �, f; l0 00 0 P P J l0 N F+ Ul O O 00 0) ¢ ((D ~ H o ON m l4 00 00 J 0) F' U1 O J J ON Ul W J O 1-0P N W O l0 P ON mm N N N N N N 0 (D a n F� N F, b r W 1, to Ln Pb PC H H Al 0H rf P) N O l0 Ul N 00 Ul (D rt Ul �o o Ul W t H 0 00 o w o o w z O O 0 4j). to {n {n b H Al 00 co J dl J d\ H H 0% ~ J Ol 00 00 Ul N F+ teJ r C J Ul J l0 J ~ 00 Ul M UI d N 00 0 F- W 0 F+ al d F' C7 (D UI 1v N O 1L N O QJ O O Al N L2i rt UI o 0 rn 0 d U1 F' 0 U1 0 K pK UI UI U1 K N (D W C7 tv C7 F' w F' H C1 rtAl 0\0 (l7 0\0 O 0 ca ft (A 1 rn F' UI W C7 0\0 U1 W 1 I I K O Ul O Al 0 O O O p� O 1 'C 1 1 I rt �:f U1 (D F� • k< UI 0 U1 d W l7 O 'z3 O P- m Imo• 1z3 O 1-0 O 1-0 O :j (D (D W4 a (D (D m m (D (D (D C1 N 0 U1 0 Ul 0 Ul K N• � H rf �+ rt (•r rt ft n O (D n (D (D (D Ffi Ct Ct Ct ft (D(D 0000.15 FROM TRANSTAR The Bus Company PHONE N0. 714 666 2260 Sep. 17 1996 12:32PM P1 T" F-1 M. � TARO THE BUS COMPANY September 17, 1996 VALERIE HUMPHREY CITY OF ATASCAD.ERO DEPARTMENT OF PUBLIC WORDS Ref:BID No.96-01 Dear Valerie: •�i�:�ybc ;yo5:i�4�' y"':p`yySaP��£na Please find enclosed the price - on for the BID in reference. This price adjustment is><elir" Rot. _ s •. w model 1997)and components related to the chassis. A ¢t1�cr ' � • `Ma n.the same as previously quoted to the City of not hesitafe o me with any questions or con q terns. Thank you. :�r: PRICE INFORMATION: One(Ol) Nev'—Y-A atransit bas,current year 1134ac-A. as pq;�ftations s,. $ `•'lei: :a. •` 1�;:•rY:LL- 'F- scr-'"k!_4;�r 'r—"'.��• ,A r One 01 Rear Mo < lation with tie doWng Q17Sj (not subject to sales tax) TOTAL S 48,653.00 t dales Mello- 'T THE BUS COMPANY Date: -'J I/ President 1325 N wh Blue Gum Street,Anahaini,California 92806-USA Talaphone(71 d)666-2240•Fax(71 A)666.2260 0'0 01C REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: A-5 Through: Andrew Takata, City Manager Meeting Date: 10-8-96 From: 9.11 Steven L. Decamp, Acting Director SUBJECT: Draft policy for determining affect of tie votes by the Planning Commission. RECOMMENDATION• Refer the attached policy to the Planning Commission for adoption as part of their Resolution establishing 'Rules of Procedure'- . BACKGROUND: The Planning Commission currently has no procedure for determining the affect of tie votes. The attached draft policy addresses this issue. The policy has been reviewed by the Deputy City Attorney for conformance with legislative and judicial mandates. This policy should be referred to the Planning Commission with direction to include the Policy within its Rules of Procedure. ATTACHMENTS: • Draft policy regarding tie votes by the Planning Commission • Current Planning Commission Rules of Procedure (Resolution No. 1-92 000017 Section Affect of Tie Votes. Legislative Actions: The affect of a tie vote on a matter before the Planning Commission where the Commission is acting in a legislative capacity shall constitute "no recommendation" on the part of the Commission. The item shall be transmitted to the City Council for their action with no recommendation from the Commission. Adjudicatory Actions: The affect of a tie vote on a matter before the Planning Commission where the Commission is acting in an adjudicatory capacity shall constitute a denial on the part of the Commission. Said denial shall be final unless the matter is appealed to the City Council. 000018 RESOLUTION NO. 1-92 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO ESTABLISHING RULES OF PROCEDURES FOR THE PLANNING COMMISSION REPEALING PLANNING COMMISSION RESOLUTION 1-90 THE PLANNING COMMISSION RESOLVES AS FOLLOWS: Section 1. General. The following rules of procedure shall govern all meetings of the Planning Commission and shall replace, in their entirety, rules of procedures established by Planning Commission Resolution 1-90. Section 2. Meetings. The Commission shall hold regular meetings in the Rotunda Room, Fourth Floor, Administration Building, 6500 Palma Avenue, Atascadero, every first and third Tuesday evening at 7:39 7:00 p.m. and on such other days, at such other times, as may be designated in an order for a special meeting. A special meeting may be ordered in accordance with the provisions of Section 54956 of the Government Code of the State. When the day for any regular meeting of the Commission falls on a legal holiday, the meeting shall not be held on such holiday but shall be held at the same hour on the next succeeding day thereafter which is not a holiday, or at such other time as shall be determined and noticed by the Commission. No meeting may continue beyond 11:00 p.m. without an affir- mative vote of the Commission. In so doing, the Commission may limit the number of remaining agenda items to be considered. Section 3. Agenda. Requests for items to appear on the Commission agenda shall be presented to the Community Development Director no later than 5:00 p.m. on the Tuesday preceding the day of the Commission meeting. The Community Development Director shall prepare the agenda of all such matters and cause a copy of such agenda to be made available to each Commission member, the City Manager, the City Attorney and all City department heads requesting agendas, by 5:00 p.m. on the Thursday preceding the meeting. The agenda shall be available to the public in the office of the Community Development Director no later than 12:00 noon on the Thursday preceding the Commission meeting. In the event that regular Commission meetings are held on • a day other than Tuesday because of holidays or other reasons, then the agenda schedule shall be adjusted accordingly. Written information (letters, petitions, reports, etc. ) concerning agenda 000019 items to be reviewed by the Planning Commission shall be submitted to the Community Development Director by Wednesday at 12:00 (noon) preceding the agenda distribution for inclusion with the agenda. No matters other than those on the agenda shall be finally acted upon by the Commission. Section 4. Consent Calendar. The meeting agenda of the Commission may include a consent calendar which shall consist of routine items. The adoption or approval of all items on the consent calendar shall be accomplished by one motion passed on a roll call vote. (a) Confirming resolutions. Resolutions confirming the prior action of the Commission (action' taken at a prior meeting) may be placed on the consent calendar for adoption. The Community Development Director shall record the Commission vote on the resolution in accordance with the vote taken by the Commission at the time the original action was taken at the meeting when the matter was considered, debated, and voted upon. (b) Removal of items from consent calendar. The motion to adopt a consent calendar shall not be debatable; provided, however, if any Commission member or member of the public desires discussion or debate on any item of the consent calendar, such item shall be removed from the calendar and thereafter discussed or debated. In such case, the Commission shall consider the approval or adoption of the consent calendar as amended, with the removal of such item. Section S. Order of Business. All meetings of the Commission shall be open to the public. At the hour set by law on the day of the scheduled regular meeting, the Commission members, the Community Development Director, and such other personnel as have been requested to be present by the Community Development Director shall take their regular stations in the Council Chamber. The business of the Commission shall be taken up for consideration and disposition in substantially the following order, except as may be otherwise ordered by the presiding officer of the Commission: 1. Roll Call 2. Public Comment 3. Consent Calendar, including consideration of minutes 4. Public Hearings 5. Unfinished Business • 2 000020 6. New Business . 7. Individual Comment by members of the Commission or the Community Development Director Section 6. Election of Chairperson, Vice-Chairperson. The Chairperson and Vice-Chairperson shall be elected at the first meeting following the taking of office by regularly appointed Commissioners. Section 7. Duties of the Chairperson: Vice-Chairperson. The Chairperson, or in his/her absence, the Vice-Chairperson, shall be the presiding officer and shall assume his/her place and duties as such immediately following election. The Chairperson shall preserve strict order and decorum at all regular meetings of the Commission, state questions coming before the Commission, announce its decision on all subjects, and decide all questions of order, subject, however, to an appeal to the Commission as a whole, in which event a majority vote shall govern and conclusively determine such question of order. The Chairperson shall vote on all questions, and on roll call, his/her name shall be called last. The Chairperson and Community Development Director shall sign all resolutions adopted by the Commission at meetings at which they are in attendance. In the event of their absence, the Vice- Chairperson shall sign such documents. In the event of the absence of both the Chairperson and Vice-Chairperson, the Acting Chairperson shall sign such documents. Section 8. Call to Order: Presiding Officer. The Chairperson, or in case of absence, the Vice-Chairperson, shall take the chair at the hour appointed for the regular meeting and shall call the Commission to order. In the absence of the Chairperson and Vice-Chairperson, the Community Development Director or designated assistant shall call the Commission to order, whereupon an Acting Chairperson shall be elected by the Commission members present. Upon the arrival of the Chairperson or Vice-Chairperson, the Acting Chairperson shall relinquish the chair at the conclusion of the item of business then before the Commission. Section 9. Roll Call. Before proceeding with the business of the Commission, the Community Development Director or designated assistant shall call • 3 the roll of the Commission members. The roll call shall be called randomly, except that the name of the Chairperson shall be called . last. The names of each Commission member shall be called on each roll call whether they are present or absent, and shall be entered in the minutes. Following the roll call vote, the Secretary shall declare the result. Section 10. Roll Call Vote. A roll call vote shall be taken upon the passage of all res- olutions, and be entered in the minutes of the Commission showing those Commission members voting aye, those voting no, and those not voting or absent. Upon the request of any Commission member, a roll call vote shall be taken and recorded on any vote. The call of the roll shall not be interrupted. Any member of the Commission may change his/her vote before the next order of business is taken up. A tie vote shall be considered no action and unless the issue is decided upon through subsequent motions, shall be continued to the next regular meeting of the Commission. Section 11. Quorum. A majority of the Commission shall constitute a quorum for the transaction of business. When there is no quorum for a regular meeting, the Chairperson, Vice-Chairperson, or any Commission member shall adjourn such meeting, or, if no Commission member is • present, the Community Development Director shall adjourn the meeting. Section 12. Preparation of Minutes. The minutes of the Commission shall be kept by the Community Development Director or his/her assistant and shall be neatly produced and kept in a file for that purpose, with a record of each particular type of business transacted set off in paragraphs with proper subheads; provided, however, the Community Development Director shall be required to make a record only of such business as was actually passed upon by a vote of the Commission and shall not be required to record any remarks of Commission members or of any other person; and, provided further, the Community Development Director shall attempt to record the names and addresses of persons addressing the Commission, the title of the subject matter to which their remarks related, and whether they spoke in support of or in opposition to such matter. Whenever the Commission acts in a quasi-judicial proceeding such as in certain zoning matters, the Community Development Director shall compile a summary of the testimony of the witnesses. 4 00002112 112 Section 13. Reading of the Minutes. Unless the reading of the minutes of a regular meeting is requested by a Commission member, such minutes may be approved without reading if the Community Development Director has previ- ously furnished each Commission member with a copy thereof. Section 14. Rules of Debate. (a) Presiding officer may debate and vote. The presiding officer may move, second, and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all Commission members, and shall not be deprived of any of the rights and privileges of a Commission member by reason of his/her acting as the presiding officer. (b) Getting the floor: Improper references. Every Commis- sion member desiring to speak shall address the chair and, upon recognition by the presiding officer, shall confine himself or herself to the question under debate, avoiding all personalities and indecorous language. (c) Interruptions. A Commission member once recognized shall not be interrupted when speaking unless it shall be to call him or her to order or as otherwise provided by this section. If a . Commission member, while speaking, shall be called to order, he or she shall cease speaking until the question of order has been determined and, if in order, he or she shall' be permitted to proceed. (d) Basic Chart of Motions. The attached chart shall govern the Commission's actions on motions. (e) Motions to reconsider. A motion to reconsider any action taken by the Commission at a regular meeting may be made only on the day such action was taken or at the next succeeding adjourned or regular meeting provided it is listed on the posted agenda. Such a motion shall be made by one of the prevailing side but may be seconded by any Commission member and may be made at any time. It shall be debatable. Nothing in this section shall be construed to prevent any Commission member from making or remaking the same or another motion at a subsequent meeting of the Commission. Section 15. Addressing the Commission. Any person desiring to address the Commission during a regular meeting shall first secure the permission of the presiding officer to do so. 5 000023 Taxpayers or residents of the City, or their authorized legal representatives, may address the Commission by oral communications on any matter over which the Commission has responsibility; provided, however, preference shall be given to those persons who have notified the Community Development Director in advance of their desire to speak in order that the same may appear on the agenda of the Commission. No action may be taken by the Commission on any item not properly noticed pursuant to the Brown Act. Section 16. Manner of Addressing the Commission: Time Limit. (a) Manner: Time. Each person addressing the Commission shall approach the Commission and step up to the public micro- phone, if available, give his or her name and address in an audible tone of voice for the record, and unless further time is granted by the presiding officer, shall limit his or her address to five (5) minutes. All remarks shall be addressed to the Commission as a body and not to any member thereof. No person, other than a Commission member and the person having the floor, shall be permitted to enter into any discussion without the per-mission of the presiding officer. (b) Spokespersons for groups of persons. Whenever any group of persons wishes to address the Commission on the same subject matter, it shall be proper for the presiding officer to request that a spokesperson be chosen by the group to address the Commission and, in the event additional matters are to be presented at the time by any other member of such group, to limit the number of persons so addressing the Commission so as to avoid unnecessary repetitions before the Commission. Section 17. Silence Constitutes Affirmative Vote. Unless a Commission member states that he or she is not voting because of a conflict of interest, his or her silence shall be recorded as an affirmative vote. Section 18. Conflict of Interest. When a Commission member determines that it is reasonably foreseeable that a particular Commission decision will have a material effect on his or her economic interest, the member has a conflict of interest. The member must not vote on, make, participate in any way in, or attempt to influence the decision. This is called disqualification. When a member disqualifies him- self or herself from a Commission decision because of a conflict of interest, the reason for the disqualification must be announced. 6 Y 000024 After announcing the disqualification, the member shall step down, but does not need to leave the meeting. If the member remains at the meeting, the member shall not participate or comment upon the item for which he or she is disqualified in any way. For the guidance of the Commission, the Community Development Director will make available to the Commission a guide to the Political Reform Act of 1974 as promulgated by the California Fair Political Practices Commission. Section 19. Decorum. (a) By Commission members. While the Commission is in reg- ular meeting, the Commission members shall preserve order and decorum, and no Commission member shall, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Commission, disturb any Commission member while speaking, or refuse to obey the orders of the Commission or the presiding officer, except as provided in this chapter. (b) By other persons. Any person who shall become boisterous while addressing the Commission shall be forthwith, by the presiding officer, warned and barred from further audience at such meeting before the Commission if warned a second time, unless permission to continue is granted by a majority vote of the Commission. Section 20. Enforcement of Decorum. The Community Development Director shall be ex-officio ser- geant-at-arms of the Commission. Personally, or through his/her assistants, they shall carry out all orders and instructions given them by the presiding officer for the purpose of maintaining order and decorum in the Commission. Any person in the audience who uses loud, boisterous, or profane language at a Commission meeting, or any person who persistently interrupts the proceedings of the Commission or refuses to keep quiet or take a seat when ordered to do so by the presiding officer shall be deemed guilty of a misdemeanor. Upon instructions of the presiding officer, it shall be the duty of any police officer present to eject any such person from the Chamber or place him or her under arrest, or both. Section 21. Record of Hearing. Any person may request a record of the hearing on any con- tested matter by notifying the Director forty-eight (48) hours in advance of the meeting. The person requesting such record shall pay the cost thereof, and shall be entitled to a copy thereof. At the time of the written request for a record, a deposit of $100 7 00,00:25 shall be made with the Secretary and this amount shall be applied to PP the cost of obtaining the record. When the total cost of preparation of the record has been ascertained, the person • requesting the record shall pay the amount of the cost thereof within forty-eight (48) hours after notification by the Director; provided further, that if the cost of the record is less than $100, any amount in excess of the actual cost shall be refunded to the person making such request. The records provided for in this Section shall be furnished by a certified court g reporter designated P by the Community Development Director. Section 22. Certification of Passage. The Secretary of the Planning Commission shall certify to the passage, approval, and adoption of this resolution and shall cause this resolution and certification to be entered into the Book of Resolutions of the Planning Commission of this City, and shall publish this resolution pursuant to Government Code Section 65804. Section 23. Effective Date. This resolution shall become effective and in full force and effect at 12:01 a.m. on the dray following its passage. Adopted: George Luna, Chairperson of the Planning Commission of the City of Atascadero, CA ATTEST: HENRY ENGEN, Secretary 8 00002 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: B-1 (A-B) Through: Andrew Takata, City Manager Meeting Date: 10-8-96 From: 1 Steven L. DeCamp, Acting Director File No: GPA 96003 ZC 96007 SUBJECT: Continued consideration of an amendment of the General Plan Land Use Element and Map changing the designation of the property located south of the Factory Outlet between El Camino Real and Highway 101 from "Industrial Park" to "Commercial Park" and concurrent amendment of the Zoning Ordinance text and map establishing a new "CPK" zoning district and changing the map designation of the site from "IP" (Industrial Park) to "CPK" (Commercial Park) . RECOMMENDATION: 1 . Resolution No. 78-96: Approve Resolution 73-96 amending the General Plan Land Use Element and Map by modifying the designation of the site from "Industrial Park" to "Commercial Park" . 2 . Ordinance No. 313: introduce by title only and approve on first reading Ordinance 313 amending the Zoning Ordinance by the addition of a "CPK" zoning district and rezoning the site from "IP" (Industrial Park) to "CPK" (Commercial Park) . BACKGROUND: At the conclusion of your hearing held on September 10, 1996, the Council remanded the proposed Ordinance to staff for additional revisions to the proposed development standards. These revisions have been accomplished after consultation with the Assistant City Attorney and the Chamber of Commerce. ANALYSIS: The attached Exhibit contains development standards drafted to provide basic minimum standards for projects while providing additional flexibility for the Planning Commission relative to the design and appearance of larger projects . To facilitate implementation of the recommended changes in the 00002'7 development standards the following revisions to the list of allowed and conditionally allowed uses is suggested: • Sales Lots - move from "allowed" to "conditionally allowed" • Vehicle and equipment storage- move from "allowed" to "conditionally allowed" • Collection stations - delete ATTACHMENTS 1 . Revised "Exhibit A" to Ordinance 313 2 . Previous Council package 000028 EXHIBIT A REVISED DRAFT (October 8, 1996) 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 as 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 (q) Roadside stands (See Section 9-6. 117) 000029 (r) Schools - business and vocational (See Section 9-6. 125) (s) Small scale manufacturing (t) Stone and cut stone products (u) Temporary events (See Section 9-6.177) (v) Temporary or seasonal sales (See Section 9-6.174) (w) Utility transmission facilities (x) 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) Auto repair and services (See Section 9-6. 130) (b) Chemical products (c) Concrete, gypsum and plaster products (d) Glass products (e) Lumber and wood products (f) Machinery manufacturing (g) Paper products (h) Paving materials (i) Pipelines (j ) Plastics and rubber products 000030 (k) Public assembly and entertainment (1) Sales Lots (See Section 9-6.139) (m) Structural clay pottery products (n) Textile mills (o) Transit stations and terminals (p) Vehicle and equipment storage (See Section 9-6. 183) (q) Warehousing 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: the following development standards may be modified through the Conditional Use Permit process. (a) Customer and employee 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 shall be provided. Said setback shall be landscaped. (c) All new and existing utilities shall be installed underground. 000031 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 000032 --O0 - 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, 1_996; 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 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. • 000033 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 000034 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—maker area se designated is ear-Ner-th—Ez Gamine Real s-euth of the -interseetien ef Del Rie Read and Highway 9:01. 3-n a den, aAn area along the Salinas River on Sycamore ..." Deleted text shown as sicileethre h • 000035 -4ydVVL RESOLUTION NO. 78-96 EXHIBIT B Page 1 of 1 9° r �e4 V SPo i o 9 ° a �A -- -Af4 n - c v \ O AN 9 NITO O gAN �eENI r �aE L UV / ► y 'clsE o CA Y3 VP l Z o O 91 /z c CAMPBELL_ J v i � C A r �! - °► _.. ITT. �/�/� ��.0. M KEY. "Commercial Park" . New Designation "ABC" (Industrial Park) Old Designation=(XYZ) 000036 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. 00003'7 H80{3S-EiW 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 000038 -60'x. ORDINANCE NO. 313 PAGE 3 APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney PREPARED BY: STEVEN L. DeCAMP, City Planner • 0000'39 --8'Hftoty � 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 0000,10 (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 M 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. 0000,12 -800090-. ORDINANCE NO. 313 EXHIBIT .B, Page 1 of L� ;Sao o ii 0 a i i a' L 0 F O O O AN a NITO 1 11 N j\ L UV !). iEaE n. I I ^ r 1 O\ > r !\ FS C1iE. K� _ VA c/ � b y Z n > a T� CAMPBELL 0 Or r r� Y SA KEM h N New Zone="ABC' "CPK (Commercial Park) Old Zone=(XYZ) (IP Industrial Park) ) All Overlay Zones to remain unchanged O00O-I3 --0€ 1" REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: B-2 (A-C) Through: Andrew Takata, City Manager Meeting Date: 10-8-96 From: 6��Steven L. DeCamp, Acting Director File No: GPA 95002 ' ZC 95003 SUBJECT: Amendment of the General Plan Land Use Element to extend the Urban Services Line and change the land use designation on the property located north of Santa Barbara Road between El Camino Real, Highway 101, and San Diego Way. The land use designation would be changed from Suburban Residential to Commercial Park (with a Planned Development Overlay) and Multiple Family Residential. In addition, the Zoning Ordinance would be concurrently amended to implement the proposed General Plan amendments. This project includes certification of the adequacy of a Program • Environmental Impact Report. RECOMMENDATION• 1 . Make the required Findings and find the Environmental Impact - Report 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. Planning Commission and staff recommend certification. 2 . Approve Resolution No. 77-96 amending the General Plan Land Use Element by modifying the text regarding the location of Commercial Park and Industrial Park areas, extending the Urban Services Line, and changing the land use designation of the site from "Suburban Residential" to "Commercial Park" and "High Density Multi-Family Residential". Staff recommends approval. Planning Commission made no recommendation (3:3 vote) . 3. Approve Ordinance No. 311, on first reading and by title only, amending the Zoning Ordinance by adding a Commercial Park (CPK) zoning district and a Planned Development #12 Overlay, and amending the Zoning Map for 000044 the site from "RS" (Residential Suburban) to "CPK" (FH) (PD12) [Commercial Park with Flood Hazard and Planned Development #12 Overlays] and Residential Multiple Family (RMF 16) . Staff recommends approval. Planning Commission made no recommendation (no vote) . BACKGROUND: On August 20, 1996, the Planning Commission conducted a public hearing on the above-referenced applications. The hearing was continued to September 17, 1996. After discussion, the Commission voted to recommend that the Council certify the Program EIR as adequate under the provisions of CEQA. The Commission failed to reach consensus on the recommended General Plan amendment, however, voting 3:3 with Commission Bowen absent. No vote was taken on the recommended Zoning Ordinance amendments because of the failure of the General Plan amendment recommendations . ATTACHMENTS: 1 . Final Environmental Impact Report (previously distributed) 2 . Resolution No. 77-96 3 . Ordinance No. 311 4 . Planning Commission Staff Report - 8/20/96 5. Planning Commission Minutes - 9/17/96 0000,15 . the site from "RS" (Residential Suburban) to "CPK" (FH) (PD12) [Commercial Park with Flood Hazard and Planned Development #12 Overlays] and Residential Multiple Family (RMF 16) . Staff recommends approval. Planning Commission made no recommendation (no vote) . BACKGROUND: On August 20, 1996, the Planning Commission conducted a public hearing on the above-referenced applications. After discussion, the Commission voted to recommend that the Council certify the Program EIR as adequate under the provisions of CEQA. The Commission failed to reach consensus on the recommended General Plan amendment, however, voting 3:3 with Commission Bowen absent. No vote was taken on the recommended Zoning Ordinance amendments because of the failure of the General Plan amendment recommendations. ATTACHMENTS: 1 . Final Environmental Impact Report (previously distributed) 2 . Resolution No. 77-96 3 . Ordinance No. 311 4 . Planning Commission Staff Report - 8/20/96 5. Planning Commission Minutes - 8/20/96 000046 RESOLUTION NO. 77-96 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING AN AMENDMENT TO THE GENERAL PLAN LAND USE ELEMENT BY AMENDING THE COMMERCIAL PARK AND INDUSTRIAL PARK LAND USE DESCRIPTIONS, CHANGING THE LAND USE MAP DESIGNATION FROM SUBURBAN RESIDENTIAL TO COMMERCIAL PARK AND HIGH DENSITY MULTIPLE FAMILY, AND E%TENDING THE URBAN SERVICES LINE WITHIH THE SOUTH ATASCADERO SPECIFIC PLAN AREA (GPA 95002; City of Atascadero/Hendrix) 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, indicated that the appropriate land use designations for the subject property should be determined by a specific plan; and WHEREAS; the Planning Commission of the City of Atascadero conducted a public hearing on the proposed General Plan amendments on August 20, 1996; and 0 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 amendments recommended by the Planning Commission are consistent with the goals and policies of the General Plan. 2. The proposed General Plan amendments could have a significant affect on the environment. The Environmental Impact Report prepared for the project is adequate. THEREFORE, the Council of the City of Atascadero does resolve to approve General Plan Amendment 95002 as follows: 1. Amendments to the General Plan Land Use Element text as shown on the attached Exhibit A. 2. Amendments to the Land Use Map as shown on the attached Exhibit B. • 0000,17 Resolution No. 77-96 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 • 0000118 EXHIBIT A Chapter II, Section 3.(g) entitled "Commercial Park" on page H-15 of the Land Use Element of the General Plan is amended as shown below: "An area of Commercial Park is designated north of San Anselmo Road to just south of Del Rio Road and is bounded east and west by Highway 101 and El Camino Real, respectively. A second area is located at the southern end of El Camino Real bounded by Santa Barbara Road, Highway 101,San Diego Way and El Camino Real. The intent of this land use designation ..." Chapter II, Section 4.(b) entitled"Industrial Park' on page H-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 major area so designated is on North El Camino Real setAh of the intersection of Del Rio Road and Ffighway 101. ha additio aAn area along the Salinas River on Sycamore ..." 0000,19 RESOLUTION NO. 77-96 EXHIBIT B. Page I of I -i—� owl j "High Density multi-Family"� (Suburban Single Family) ✓ \� / \O C4MI k I �/ SpHTP �/ UP I "Commercial Park" (Suburban Single Family) 0 I/ \ j 4 m i a I ' ' LAD I � KEY- New Designation="ABC' Old Designation=(XYZ) 000050 ORDINANCE NO. 311 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING THE ZONING ORDINANCE TEXT BY CREATING A (CPK) COMMERCIAL PARK ZONING DISTRICT, ADDING PLANNED DEVELOPMENT OVERLAY NO. 10 AND AMENDING MAP 23 OF THE OFFICIAL ZONING MAPS BY REZONING CERTAIN REAL PROPERTY LOCATED AT 11500 EL CAMINO REAL FROM (RS) RESIDENTIAL SUBURBAN TO (CPK) COMMERCIAL PARK WITH (FH) FLOOD HAZARD AND (PD10) PLANNED DEVELOPMENT #10 OVERLAYS AND (RMF-16) HIGH DENSITY MULTIPLE FAMILY (ZC 95003; City of Atascadero/Hendrix) WHEREAS, the proposed zoning map and text amendments are consistent with the General Plan 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 may have a significant adverse impact upon the environment. The Environmental Impact Report and recommended mitigation measures prepared for the project are adequate; and WHEREAS, the Atascadero Planning Commission held a public hearing on August 20, 1996 and has recommended approval of Zone Change 95003. NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposals are compatible with the surrounding land use and zoning. 2. The proposals are consistent with the General Plan Land Use Element and other elements contained in the General Plan. 3. The proposals will not result in any significant adverse environmental impacts. The Environmental Impact Report 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 000051 Ordinance #311 Page 2 requirements 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 or processing requirements. 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 as shown on the attached Exhibit A which is hereby made a part of this ordinance by reference. Section 3. Zoning Text. The Zoning Ordinance text is hereby amended by the _addition of the language shown on the attached Exhibits B and C. 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 000052 Ordinance #311 Page 3 ATTEST: LEE PRICE, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney PREPARED BY: STEVEN L. DeCAMP, City Planner • 000053 ORDINANCE NO. 311 EXHIBIT A Page 1 of 1 r Y a. l i -ba, 7 ',' % �, "RMF 16" vrE�jO i "CPK (FH) (PD12) " 19,9 V* / (RS FH) l � _ Z u,`- �\ 1 l vp % ---� KIM • New Zone-"ABC' Old Zone=(XYZ) All Overlay Zones to remain unchanged 000054 EXHIBIT B REVISED DRAFT (October 8, 1996) 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 as 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 (q) Roadside stands (See Section 9-6.117) 0000,55 (r) Schools - business and vocational (See Section 9-6. 125) (s) Small scale manufacturing (t) Stone and cut stone products (u) Temporary events (See Section 9-6.177) (v) Temporary or seasonal sales (See Section 9-6. 174) (w) Utility transmission facilities (x) 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) Auto repair and services (See Section 9-6. 130) (b) Chemical products (c) Concrete, gypsum and plaster products (d) Glass products (e) Lumber and wood products (f) Machinery manufacturing (g) Paper products (h) Paving materials (i) Pipelines (j ) Plastics and rubber products 000056 (k) Public assembly and entertainment (1) Sales Lots (See Section 9-6.139) (m) Structural clay pottery products (n) Textile mills (o) Transit stations and terminals (p) Vehicle and equipment storage (See Section 9-6.183) (q) Warehousing 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: the following development standards may be modified through the Conditional Use Permit process. (a) Customer and employee 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 shall be provided. Said setback shall be landscaped. (c) All new and existing utilities shall be installed underground. 00005'7 EXHIBIT C Planned Development Overlay #12 9-3.656. Establishment of Planned Development Overlay Zone No. 12 (PD 12) . Planned Development Overlay Zone No. 12 is established as shown on the Official Zoning Maps (Section 9- 1. 102 ) . The following development standards applicable therein are also established and are in addition to any other development standards established by this ordinance: (a) All physical development of the site shall conform to an approved Master Plan of Development. An application for a Master Plan of Development shall be made in the same form as that prescribed for a conditional use permit. (c) A hydrologic and aquatic biological study(ies) shall be prepared as part of Mater Plan of Development. These studies shall delineate potential wetland areas and establish suitable setbacks from wetland areas and/or creeks. (c) Future development shall mitigate anticipated traffic impacts as recommended by the Program EIR and any subsequent traffic studies prepared to determine the phasing of required improvements. (d) Sewer service for future development shall be provided via an eastward main extension. A specific sewer service study to be prepared as part of the Master Plan of Development shall determine the most suitable eastward sewer main route. (e) A specific noise modeling analysis prepared as part of the Master Plan of Development shall address appropriate setbacks, or other appropriate noise attenuation methods. The analysis shall also address cumulative noise levels and appropriate mitigation measures. (f) A fire safety mitigation plan shall be prepared as part of the Master Pian of Development to determine the appropriate fire storage and flow requirements. The fire safety mitigation plan shall also address building height exceptions, and the requirements for fire sprinklers and alarms. (g) The Master Plan of Development shall include a site landscaping plan. The landscaping plan shall • provide for retention/preservation of native oak trees 000058 to the greatest extent feasible. The landscaping plan shall also address water conserving irrigation plans and drought resistant plant materials. (h) The Master Plan of Development shall include the following design standards: (1) A 35 foot landscaped buffer along all street and highway frontages and adjacent to residential uses. (2) Topographical changes along Highway 101 shall be minimized. (3) Oak trees on the site shall be preserved and protected to the greatest extent feasible. (4)Creeks shall be integrated as aesthetic features in the site plan. Paloma Creek shall not be piped nor shall the creek channel be lined with concrete. • 000059 CITY OF ATASCADERO Item:_ STAFF REPORT FOR: Planning Commission MEETING DATE: 8-20-96 BY: Steven L. DeCamp, Acting Director FILE NO: GPA 95-002 ZC 95-003 SUBJECT: Amendment of the General Plan Land Use Element to extend the Urban Services Line and change the land use designation on the property located north of Santa Barbara Road between E1 Camino Real, Highway 101, and San Diego Way. The land use designation would be changed from Suburban Residential to Commercial Park and Multiple Family Residential. In addition, the Zoning Ordinance would be concurrently amended to implement the proposed General Plan amendments . This project includes certification of the adequacy of Program q Y a g Environmental Impact Report. A Program EIR was prepared because no development project exists for this site at this time. • RECOMMENDATION: The Planning Commission should recommend the following actions for City Council consideration: 1 . Make the required Findings and find the Environmental Impact Report 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. 77-96 amending the General Plan Land Use Element by modifying the text regarding the location of Commercial Park and Industrial Park areas, extending the Urban Services Line, and changing the land use designation of the site from "Suburban Residential" to "Commercial Park" and "High Density Multi-Family Residential". 3 . Approve Ordinance No. 311 amending the Zoning Ordinance by adding a Commercial Park (CPK) zoning district and a Planned Development #12 Overlay, and amending the Zoning Map for the site from "RS" (Residential Suburban) to "CPK" (FH) (PD12) [Commercial Park with Flood Hazard and . Planned Development #12 Overlays] and Residential Multiple Family (RMF 16) . 000060 Staff Report GPA 95-002 ZC 95-003 August 20, 1996 SITUATION AND FACTS: 1 . Applicant. . . . . . . . . . . . . . . . . . . .City of Atascadero 2 . Project Address . . . . . . . . . . . . . . 11500 El Camino Real 3 . General Plan Designation. . . . .Suburban Residential 4. Zoning District. . . . . . . . . . . . . .Residential Suburban (RS) 5. Site Area. . . . . . . . . . . . . . . . . . . . 69 acres 6. Existing Use. . . . . . . . . . . . . . . . .Vacant & Single Family Residential 7 . Environmental Status. . . . . . . . .Final EIR prepared BACKGROUND: When the current General Plan Land Use Element was adopted in 1992, the southern portion of the City, specifically that area . south of the intersection of Viejo Camino and El Camino Real, was designated a "Specific Plan" area. The Specific Plan area contains significant areas of undeveloped and underdeveloped land which has potential for development for other than residential purposes with the extension of the Urban Services Line (USL) and under carefully controlled circumstances . The development of a Specific Plan for these areas allows for the preparation of appropriate environmental review and the development of necessary land use controls. In this case, those controls will be implemented through a new Planned Development Overlay zone. It should be noted that there is no development project associated with this General plan amendment. The Program EIR addresses those issues that can be identified at this time. Future development projects may be required to complete additional project level environmental analysis prior to approval . ANALYSIS: Summary This proposed package of General Plan and Zoning Ordinance • 2 000061 Staff Report GPA 95-002 ZC 95-003 August 20, 1996 amendments consists of several separate yet interrelated actions . If approved, the proposal will result in amendments to the General Plan' s Land Use Element to include an extension of the Urban Services Line (USL) , the designation of the undeveloped portions of the study area for Commercial Park development, and designation of the remaining residential parcels for multiple family residential development. Minor amendments to the General Plan text will also be made to accommodate the new location for Commercial Park development. Concurrent Zoning Ordinance amendments will return the Commercial Park (CPK) district, which was eliminated after the 1992 General Plan Update, to the Zoning Ordinance and create a Planned Development #12 Overlay zone. The CPK zoning district will ensure conformance with the new General Plan designation proposed for the property. The PD #12 Overlay will provide for the implementation of appropriate development guidelines as well as the mitigation measures determined necessary by the Environmental Impact Report. Finally, the Zoning Ordinance map will include an amendment to allow multiple family residential development along San Diego Way to buffer the anticipated commercial and light industrial development encouraged by the CPK zoning district. Environmental Review Because of the size of the area affected by the proposed General Plan and Zoning Ordinance amendments, the proposed extension of the USL, and the proposal' s potential for growth inducement, (amongst other potential effects identified by the Initial Environmental Study) an Environmental Impact Report (EIR) was prepared to identify and analyze the potential environmental consequences of the proposed amendments. The Final Environmental Impact Report, which was distributed separately, identified one (1) Class I impact (an unavoidable significant environmental impact) , eleven Class II impacts (significant environmental impacts that can be mitigated or avoided) , four (4) Class III impacts (other environmental impacts which are adverse but not significant) , and one (1) Class IV impact (beneficial impacts) . If the project is to be approved, it will be necessary for the City Council to make specific "findings" relative to the one Class I and eleven Class II impacts identified by the Final EIR. Recommended "findings" are included in Attachment D of this report. The single Class I impact identified by the EIR relates to air 3 000062 Staff Report GPA 95-002 ZC 95-003 • August 20, 1996 quality standards and this project' s potential to exceed the Air Pollution Control District' s thresholds for PMloand vehicular emissions . The identification of air quality as an unavoidable significant impact is based, in part, on a project development scenario utilizing a Commercial Retail (CR) land use designation. As explained in more detail in the Final EIR, however, a Commercial Park land use designation should lessen the anticipated air quality impacts to a level that can be mitigated. The project, as recommended for approval, also will include a multiple family component which should further reduce anticipated air quality impacts through an improved jobs/housing balance. "Table S" in the Final EIR lists the other environmental effects that can be anticipated if the General Plan and Zoning Ordinance designations for this property are amended to allow Commercial Retail development. The staff recommendation for a Commercial Park designation should further reduce the traffic impacts of full build-out of the site. Where feasible, the recommended mitigation measures for the identified significant environmental impacts will be included as Planned Development standards in the new PD 12 Overlay zone. As noted earlier, there is no development project currently planned for this site. Because of this, it was not possible to assess project level impacts associated with potential future development. The EIR that was prepared is, therefore, a Program EIR which addresses broad policy alternatives and program-wide mitigation measures as opposed to project level details . Future development projects will be assessed to determine the level of additional environmental review that will be necessary under State and local guidelines. Site Characteristics This proposal will effect twenty-four (24) parcels which comprise approximately sixty-nine (69) acres. Six (6) of the parcels are currently developed with single family dwellings. These developed lots have frontage on San Diego Way. The remaining 63 acres are vacant and currently used for grain production. The entire project area is zoned "Residential Suburban" (RS) in conformance with its "Suburban Single Family" General Plan designation. The current zoning would allow for residential development of the property at a density of one dwelling unit per 2 .5 to 10. 0 acres . Under this zoning, the property could be developed to accommodate approximately 23 single family homes . 4 000063 Staff Report GPA 95-002 ZC 95-003 August 20, 1996 The topography of the undeveloped portion of the project site varies from very flat in the low lying areas to gradual slopes of 9% to 15% . There are some small areas of the site with slopes of between 30% to 50% . Views of the site from both El Camino Real and Highway 101 are good. The varied topography provides variety and interest while the flatter areas are clearly visible. Numerous valley oaks (Quercus lobata) occur along Paloma Creek and are generally scattered throughout the property. This property is drained by two forks of Paloma Creek. Both of these forks are subject to seasonal flooding. The topography, vegetation, and visibility of the site makes it a key visual resource and important gateway at the southern entrance to the City. All municipal services, with the exception of sewer service, are currently available to this site. The current lack of sewer service is a major impediment to any substantial development of the property. As indicated in the Final EIR, sewer service can be made available to the site through a new sewer main extended eastward to the City' s wastewater treatment plant. The 63 undeveloped acres of this site are held in common ownership. This fact makes the property somewhat unique in that it is one of the few remaining areas of, significant acreage within the City that is capable of development under unified ownership. Highway visibility, ready access to the freeway, and municipal service availability coupled with the size of the site suggest that a land use other than large lot single family residential development may be most appropriate in this location. Alternate Uses The Final EIR analyzed the potential impacts of extending the Urban Service Line (USL) and changing the land use designation of the 63 undeveloped acres to Retail Commercial. In essence, this could be considered to be a "worst case scenario" in that few land use designations would have greater potential to impact the environment. The impact of sixty three acres of new retail development on land forms, site vegetation, air quality, and traffic generation would be significant, as identified in the Final EIR. When reviewing alternative land use designations for the study area, consideration must be given to the need for 63 additional acres of retail commercial space. Atascadero currently has 5 000064 Staff Report GPA 002 ZC 95-05-003 August 20, 1996 approximately 90 acres of land zoned for retail commercial land uses . Of that total, approximately 25 acres are undeveloped or underdeveloped. With a vacancy rate of approximately 16.5%, the advisability of adding significant new acreage of commercial land must be questioned. The one clear advantage that this site has that is not shared by the other retail commercial sites in town, however, is its large size and minimal number of existing parcels. There are no other parcels of equivalent size zoned for retail development in Atascadero. Any potential commercial developer that requires significant acreage for development must either assemble multiple parcels or look elsewhere. Amending the zoning of the study area for retail commercial development would clearly overcome that deficiency. An alternative to zoning the study area for retail commercial uses would be to resurrect the Commercial Park (CPK) zoning district previously a part of the Zoning Ordinance. The CPK designation was eliminated from the General Plan with the adoption of the plan update in 1992. The only remaining areas in the City with this designation are the Factory Outlet at the intersection of Del Rio Road and El Camino Real and the former "Rochelle" property at Santa Cruz and El Camino Real . The CPK zone is also being considered for reintroduction for Phase II of the Factory Outlet development. The Commercial Park designation was eliminated from the General Plan and Zoning Ordinance in favor of the Industrial Park land use designation. The Industrial Park designation was intended partially as a response to the perceived surplus of commercial property and was an attempt to spur additional industrial development. In general, the Industrial Park land use designation has not been as successful as was hoped in encouraging new light industrial projects. Experience has also shown that the lack of relatively large parcels available for light industrial development has put this City at a competitive disadvantage in efforts to attract industries to locate here. As shown on Exhibit B of Attachment F (Draft Ordinance #311) the CPK zone allows a wide variety of potential uses while attempting to maintain a relatively large minimum lot size. Land uses that are allowed in the Commercial Park include the types of industrial uses encouraged in the IP zone as well as the types of retail commercial uses that typically require larger lot areas (e.g. , auto dealers, etc. ) . In its analysis of alternative land use proposals (see section 6 000065 Staff Report . GPA 002 ZC 95-05-003 August 20, 1996 beginning on page V-5} , the Final EIR determined that the traffic, noise, air quality, visual resources, and drainage impacts of a CPK land use designation would be less than with a retail commercial designation. Solid waste generation and wastewater flows from industrial projects are generally higher than from retail projects, however. Other anticipated impacts would be roughly the same for the two different development scenarios . On whole, it would appear that the commercial park designation would have fewer significant impacts on the environment, and might, in fact, eliminate air quality as an unavoidable significant impact. Atascadero has limited opportunities to compete for job producing light industrial development because of limited land availability and the extremely small parcel sizes of the land that is available. As noted above, large scale retail uses also face the difficulty of overcoming the patterns of previous small lot subdivisions . This study area appears to be an excellent opportunity to provide suitable land for those light industrial and commercial developments that require larger parcels and proximity to other similar uses. Conversion of the undeveloped portions of this study area to commercial or commercial park uses will leave the six residential parcels an island of very low density surrounded by much higher density uses. In recognition of the potential detrimental effects on quality-of-life issues and property values that will occur, it is recommended that these parcels be rezoned for multiple family residential development. The number of apartment units that could be developed on these parcels is not great because of the slope of the lots. Therefore, it is not anticipated that such development would contribute significantly to air quality, traffic, or wastewater disposal concerns. Indeed, the provision of moderate cost rental housing in proximity to job providers should improve the City' s jobs/housing balance leading to reductions in the traffic related impacts of the adjacent land use changes. Planned Development Standards The Environmental Impact Report prepared for this General Plan amendment identified a series of mitigation measures necessary to reduce the anticipated adverse environmental impacts to insignificant levels. To insure that these mitigation measures are implement with future development projects, they are included as development standards in the PD #12 Overlay zone. 7 000066 Staff Report GPA 95-002 • ZC 95-003 August 20, 1996 Exhibit C to Attachment F (Draft Ordinance 4311) contains the mitigation measures, in the form of development standards that will guide any further development within this study area. These development standards will insure that future site planning efforts will accommodate the two forks of Paloma Creek, respect natural land forms to the greatest extent practicable, accommodate existing and planned surrounding land uses, and provide the necessary infrastructure to sustain planned levels of development. CONCLUSIONS• This study area presents a unique opportunity to provide an area especially well suited for large lot commercial and/or light industrial development. The area is large enough to accommodate both types of development without conflict between uses on-site or in adjacent areas. In addition, the property has excellent visibility from, and access to, Highway 101 making it attractive for future development activity. With the Planned Development Overlay standards suggested by the environmental impact report, the property can be developed in such a way that most, if not all, potential environmental impacts can be mitigated to a level of insignificance. Careful consideration to site planning, coupled with appropriate landscaping and architectural design will ensure that the study area' s value as an attractive gateway to the community will not be compromised. Attachment A - Location Map: General Plan Map Attachment B - Location Map: Zoning Map Attachment C - Final Environmental Impact Report (Distributed under separate cover) ) Attachment D - CEQA Findings Attachment E - Resolution 77-96 Exhibit A - Land Use Element Text Amendments Exhibit B - Revised Land Use Map Attachment F - Ordinance 311 Exhibit A - Revised Zoning Map Exhibit B - Commercial Park (CPK) Zoning District Exhibit C - Planned Development Overlay #12 8 U0ovb7 " " • 11 � 1 O lylo 10 w 46, i Alp, �,%,X MA AD; '50 MIN 47 OA ICE, Al ` •,VUWW III�I i�.4A UV I,III/III III'I'II V�.• #�� A NAVA� r. ,�VAIMA • 11� V*4, �f Attachment B / GPA 95-002 ��. :,.. . . CITY OF ATASCADERO zc 95-003 �� COMMUNITY DEVELOPMENT Location Map - zoning M DEPARTMENT h. 4 ET a ''NU1110, T 70 I .. Y � - L i )( P© Ar iz,l ",/0 vi - (" I / 1 .•t � FMK U v,EJO 1 - ! 44 f N t r if O M i ' tib I O '' r - } --= 7 - � l tri+ � Al � y 7` 7 J �. /.: � -�. �.�.,., :���•�tar`' C r �'�'"" �T:��--- ---. _ � .+��"w - 1 _ 000069 Attachment D CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS CERTIFICATION OF FINAL EIR General Plan Amendment 95-002 Zone Change 95-003 The Final Environmental Impact Report identifies one (1) environmental impact which cannot be mitigated to insignificance by the adoption of mitigation measures . This unavoidable environmental impact is air quality. The City Council finds that this impact will be mitigated to the maximum extent reasonably feasible by incorporating the recommended mitigation measures of the Final EIR. Air Quality: Air quality impacts are due to two factors: increased traffic generated by the project and the potential for particulate matter being generated during construction. The APCD has published Guidelines for the evaluation of long-term air quality impacts from urban development. The guidelines establish three separate criteria for assessing the significance of project impacts: (1) comparison of calculated project emissions to District emission thresholds; (2) comparison of predicted ambient pollutant concentrations resulting from the project and State and Federal health standards; and (3) the existence of special conditions what apply to certain projects. Based on the thresholds in the APCD guidelines, this project would have a significant impact on air quality. Statement of Overriding Considerations The City Council has balanced the benefits of the proposed project against the unavoidable adverse environmental effects and makes the following findings of overriding consideration: 1 . The project could provide a potential increase in affordable rental units by providing additional multiple family zoning. • 0000"70 2 . City revenues will exceed the costs of maintenance and operation if the project if a project is constructed. 3. The project should generate significant employment opportunities within Atascadero and thus improve the jobs/housing balance. 4 . Goods and services which become available locally, to the extent that such availability does not currently exist, will reduce longer distance trip generation thus reducing auto emissions county-wide. Class II Impacts The mitigation measures recommended in the Final EIR and made a part of the project approval will reduce to a level of insignificance or avoid the Class II impacts identified in the report. 000071 Attachment E DRAFT RESOLUTION NO. 77-96 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING AN AMENDMENT TO THE GENERAL PLAN LAND USE ELEMENT BY AMENDING THE COMMERCIAL PARK AND INDUSTRIAL PARK LAND USE DESCRIPTIONS, CHANGING THE LAND USE MAP DESIGNATION FROM SUBURBAN RESIDENTIAL TO COMMERCIAL PARK AND HIGH DENSITY MULTIPLE FAMILY, AND EXTENDING THE URBAN SERVICES LINE WITHIH THE SOUTH ATASCADERO SPECIFIC PLAN AREA (GPA 95002; City of Atascadero/Hendrix) 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, indicated that the appropriate land use designations for the subject property should be determined by a specific plan; and WHEREAS; the Planning Commission of the City of Atascadero conducted a public hearing on the proposed General Plan amendments on August 20, 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 amendments recommended by the Planning Commission are consistent with the goals and policies of the General Plan. 2. The proposed General Plan amendments could have a significant affect on the environment. The Environmental Impact Report prepared for the project is adequate. THEREFORE, the Council of the City of Atascadero does resolve to approve General Plan Amendment 95002 as follows: I. Amendments to the General Plan Land Use Element text as shown on the attached Exhibit A. 2 . Amendments to the Land Use Map as shown on the attached • Exhibit B. 0000'72 Resolution No. 77-96 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 r APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney PREPARED BY: STEVEN L. DeCAMP, City Planner 0000'73 EXHIBIT A Chapter II, Section 3. (g) entitled "Commercial Park" on page II- 15 of the Land Use Element of the General Plan is amended as shown below: "An area of Commercial Park is designated north of San Anselmo Road to just south of Del Rio Road and is bounded east and west by Highway 101 and El Camino Real, respectively. A second area is located at the southern end of El Camino Real bounded by Santa Barbara Road, Highway 101, San Diego Way and El Camino Real. The intent of this land use designation ..." 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--maker area se digaat�d is en-PSAr-th E= Gamine-PSPalseuth of the ef Be! Rie Read and Highway . -1-n inte a'dditi en, aAn area along the Salinas River on Sycamore New language shown bold. Deleted language shown str-i-ke hrea�. • 0000'74 RESOLUTION NO. 77-96 EXHIBIT 13 Page of I v) J d / "High Density Multi-Family" \ (Suburban Single Family) 4411v0 �0 C4M� S�NZP ti '' PO "Commercial Park" ° (Suburban Single Family) a - m , _ a a- �o Z P 4s N 4� 104, 0 W F z, C — n New Designation="ABC' Old Designation=(XYZ) 000075 Attachment F DRAFT ORDINANCE NO. 311 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING THE ZONING ORDINANCE TEXT BY CREATING A (CPR) COMMERCIAL PARK ZONING DISTRICT, ADDING PLANNED DEVELOPMENT OVERLAY NO. 10 AND AMENDING MAP 23 OF THE OFFICIAL ZONING MAPS BY REZONING CERTAIN REAL PROPERTY LOCATED AT 11500 EL CAMINO REAL FROM (RS) RESIDENTIAL SUBURBAN TO (CPK) COMMERCIAL PARK WITH (FH) FLOOD HAZARD AND (PD1O) PLANNED DEVELOPMENT #10 OVERLAYS AND (RMF-16) HIGH DENSITY MULTIPLE FAMILY (ZC 95003; City of Atascadero/Hendrix) WHEREAS, the proposed zoning map and text amendments are consistent with the General Plan 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 may have a significant adverse impact upon the environment. The Environmental Impact Report and recommended mitigation measures prepared for the project are adequate; and • WHEREAS, the Atascadero Planning Commission held a public hearing on August 20, 1996 and has recommended approval of Zone Change 95003. NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposals are compatible with the surrounding land use and zoning. 2. The proposals ase consistent with the General Plan Land Use Element and other elements contained in the General Plan. 3 . The proposals will not result in any significant adverse environmental impacts. The Environmental Impact Report 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 0000,76 Ordinance #311 Page 2 requirements will enhance the opportunity to best PP Y 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 or processing requirements. 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 as shown on the attached Exhibit A which is hereby made a part of this ordinance by reference. Section 3. Zoning Text. The Zoning Ordinance text is hereby amended by the addition of the language shown on the attached Exhibits B and C. 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 0000'7'7 Ordinance #311 Page 3 ATTEST: LEE PRICE, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney PREPARED BY: STEVEN L. DeCAMP, City Planner 0000'76 ORDINANCE NO. 311 EXHIBIT A Page 1 of 1 r l 0 / a i "RMF 16" vno f s M/,y0 10� 9AA "CPK (FH) (PD12) " Cr �\ (RS FH) Cr F m t a � a poi JJJ 4VF II a t / A04p i KEY. New Zone="ABC' Old Zone=(XYZ) All Overlay Zones to remain unchanged 0000"79 EXHIBIT B 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 lofts. 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) Collection stations(See Section 9-6.130) (h) Contract construction services (i) Electronic and scientific instruments 0) Farm equipment and supplies (k) Food and kindred products(See Section 9-6.1280 (1) Fuel and ice dealers(See Section 9-6.129) (m) Furniture and fixtures (n) Horticultural specialties(See Section 9-6.116) (o) Laundries and dry cleaning plants (p) Light repair services 000080 Ordinance #311 Exhibit B August 20, 1996 (q) Mail order and vending (r) Roadside stands(See Section 9-6.117) (s) Sales lots(See Section 9-6.139) (t) Schools-business and vocational(See Section 9-6.125) (u) Small scale manufacturing (v) Stone and cut stone products (w) Temporary events(See Section 9-6.177) (x) Temporary or seasonal sales(See Section 9-6.174) (y) Utility transmission facilities (z) Vehicle and equipment storage(See Section 9-6.183) (aa) Wholesaling and distribution (bb) 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 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: 000081 Ordinance #311 Exhibit B August 20, 1996 (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 (g) Plastics and rubber products (h) Public assembly and entertainment 0) Textile mills (k) Transit stations and terminals (m) Warehousing (o) Glass products (p) Lumber and wood products (q) Paper products (r) Structural clay pottery products (s) Auto repair and services(See Section 9-6.168) 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 of teen feet(10') shall be provided. Said setback shall be landscaped. 000082 EXHIBIT C DRAFT Planned Development Overlay #12 9-3.656 . Establishment of Planned Development Overlay Zone No. 12 (PD 12L. Planned Development Overlay Zone No. 12 is established as shown on the Official Zoning Maps (Section 9- 1. 102) . The following development standards applicable therein are also established and are in addition to any other development standards established by this ordinance: (a) All physical development of the site shall conform to an approved Master Plan of Development. An application for a Master Plan of Development shall be made in the same form as that prescribed for a conditional use permit. (c) A hydrologic and aquatic biological study(ies) shall be prepared as part of Mater Plan of Development. These studies shall delineate potential wetland areas and establish suitable setbacks from wetland areas and/or creeks. . (c) Future development shall mitigate anticipated traffic impacts as recommended by the Program EIR and any subsequent traffic studies prepared to determine the phasing of required improvements. (d) Sewer service for future development shall be provided via an eastward main extension. A specific sewer service study to be prepared as part of the Master Plan of Development shall determine the most suitable eastward sewer main route. (e) A specific noise modeling analysis prepared as part of the Master Plan of Development shall address appropriate setbacks, or other appropriate noise attenuation methods. The analysis shall also address cumulative noise levels and appropriate mitigation measures. (f) A fire safety mitigation plan shall be prepared as part of the Master Plan of Development to determine the appropriate fire storage and flow requirements. The fire safety mitigation plan shall also address building height exceptions, and the requirements for fire sprinklers and alarms. • (g) The Master Plan of Development shall include a site landscaping plan. The landscaping plan shall provide for retention/preservation of native oak trees 000084 Ordinance 311 Exhibit C to the greatest extent feasible. The landscaping plan shall also address water conserving irrigation plans and drought resistant plant materials. (h) The Master Plan of Development shall include the following design standards: ( 1) A 35 foot landscaped buffer along all street and highway frontages and adjacent to residential uses. (2) Topographical changes along Highway 101 shall be minimized. (3) Oak trees on the site shall be preserved and protected to the greatest extent feasible. (4)Creeks shall be integrated as aesthetic features in the site plan. Paloma Creek shall not be piped nor shall the creek channel be lined with concrete. • 000085 CITY OF ATASCADERO PLANNING COMMISSION 9/17/96 ACTION MINUTES SUBJECT: B. HEARINGS APPEARANCES AND REPORTS 1 . LOT LINE ADJUSTMENT 96004: Consideration of a lot line adjustment which would result in a reduction in the size of two (2) nonconforming lots. Subject site is located at 7500 Santa Lucia (Kenneth and Mary Shaw) (EMK & Associates) . STAFF RECOMM ATION: (Davidson) Staff recommends hat Lot Line Adjustment 96004 be approved based on the Findings for Ap oval contained in Attachment E and the Conditions of Approval containe in Attachment F. TESTIMONY: Commissioner Hageman stepped own because she lives very close to this project. Mary Shaw, applicant, 7500 Santa cia, provided the Commission with a history of the subject property a d the surrounding neighborhood. She explained that the house was an ex i ting structure when her family bought the property in 1953 . ACTION: Recommend to the City Council at Lot Line Adjustment #96004 be approved based on the indings for Approval contained in Attachment E and the C ditions of Approval contained in Attachment F. Motion: Wallace Second: Johnson AYES : Wallace, Johnson, Sauter, Edwards NOES : Zimmerman ABSENT: Bowen, Hageman (stepped down for this item ,only) MOTION PASSED: 4:1 Commissioner Hageman rejoined the Commission at this point. B. 2 . GENERAL PLAN AMENDMENT 95002/ZONE CHANGE 95003 : Consider the certification of a Final Environmental Impact Report (EIR) prepared for the General Plan Amendment and Zone Change known as the "South Atascadero Urban Service Line Extension and General Plan Land Use Map Amendment. " • (Page 3 of 9 ) 000086 Planning Commission Meeting, September 17 , 1996 The project area is also generally known as "Dove Creek. " The proposed amendments affect approximately 69 acres of unimproved land lying generally between E1 Camino Real on the east, US Highway 101 and San Diego Way on the west and Santa Barbara Road on the south. (CONTINUED FROM THE REGULAR PLANNING COMMISSION MEETING OF AUGUST 20, 1996) . STAFF RECOMMENDATION: (DeCamp) The Planning Commission should recommend the following actions for City Council consideration: 1 . Certify the Environmental Impact Report 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. 77-96 amending the General Plan Land Use Element by modifying the text regarding the location of Commercial Park and Industrial Park areas, extending the Urban Services Line, and changing the land use designation of the site from "Suburban Residential" to "Commercial Park" and "High Density Multi-Family Residential. " 3 . Approve Ordinance No. 311 amending the Zoning Ordinance by adding a Commercial Park (CPK) zoning district and a Planned Development 112 Overlay, and amending the Zoning Map for the site from "RS" (Residential Suburban) to "CPK" (FH) (PD12 ) (Commercial Park with Flood Hazard and Planned Development #12 Overlays) and Residential Multiple Family (RMF16) . TESTIMONY: David Foote commented on a letter submitted tonight by Joan O' Keefe and indicated that there were basically no new items . He indicated that CEQA does not require a fiscal impact analysis as a part of the EIR. The City' s guidelines do require that fiscal impacts be examined during the course of reviewing a project. Fiscal effects and environmental effects are often tradeoffs . They are not the same sort of thing. So decisionmakers have to consciously weigh whether the perceived fiscal benefit might be there with whatever physical impacts might be traded off to gain those benefits . They are apples and oranges . He agreed with Commissioner Wallace that a biological study is premature at this time since there is no specific project. Joan O' Keefe, 9985 Old Morro Road East, began reading a letter ( see attached) submitted to the Commission, into the record. She asked that Lindsay Hampton be allowed to finish reading the letter. Mrs . O' Keefe does not believe this EIR has provided sufficient information for the Commission or the public to know the environmental (Page 4 of 9 ) 00008'7 Planning Commission Meeting, September 17, 1996 implications of approving this zone change; consequently, it shouldn' t be certified at this time. Lindsay Hampton, 8402 Alta Vista, finished reading Joan O' Keefe' s letter. Donald Jones, 4585 Viscano, is in favor of rezoning, but has questions . He wondered if extending the sewer line would be deferred until a specific project was in place. The answer was yes it would wait for the developer to install the sewer lines . He asked how the Paloma Creek would be incorporated. Mr. DeCamp attempted to answer his question. Nancy Hyman, 10760 Colorado Road, opposed certifying the EIR because it did not address all the issues adequately. She feels the land use change will adversely alter the quality of life on lands around the subject site. She discussed the visual impacts, the traffic patterns that would change the rural character of the City, and the impacts on the schools . She questioned why the communication between the school district and the city is not better. She recommended placing the North County campus of Cuesta College on the subject site. She feels that the Commission should not certify the EIR because there are still many vague, vast areas of omission of information. Dorothy McNeil, 8765 Sierra Vista, read a letter into the record (see attached) . She has deep concerns about sewer capacity and why wasn' t the school district pursued further for a response. She also wanted to know why the City always contracts with the same firm for EIR' s and resents taxpayers paying for EIR' s. John McNeil, 8765 Sierra Vista, reminded the Commission that "certifying the EIR" means verifying it' s truth and correctness . He expressed skepticism that all of the impacts are "insignificant" or "easily mitigable. " He was also highly skeptical that mitigation monitoring could be relied upon to curb excesses . Jackie Vandernool, P. 0. Box 700, who owns the mobile home park ae-rncc the street from this project, reminded the Commission and the public -hat there is no project, just a General Plan Amendment and Zone Change. Lindsey Hampton, 8402 Alta Vista, spoke again and questioned the PD-12 Overlay alternatives listed as allowable uses . She expressed that the same rationale and concerns (i.e. , appearance of a property in close proximity to the freeway) that resulted in the PD-11 Overlay should b- in the PD-12 . Questionable uses should be made conditional uses (i.e. , mobile home sales, collection stations, light repair services , vehicle and equipment storage) . (Page 5 of 9 ) 000088 Planning Commission Meeting, September 17, 1996 Commissioner Wallace responded to Mrs . McNeil and Mrs . O' Keefe. She personally spoke to Anthony Bridges of the school district because she has been very concerned that the school district is not adequately responding to some of these EIR' s . She was told that there was a blanket form letter that was sent out saying that they collect development fees . She expressed that the City can' t force them to respond in a way that, as a parent, you would want them to respond. She also indicated that any future development is subject to further environmental analysis. Commissioner Sauter expressed that the property, because of it' s immediate proximity to the freeway, is going to be developed in some manner. However, he expressed concern about approving this General Plan Amendment and Zone Change without having a project, with its related impacts, in place. If there was a project in place, the Commission could decide the adequacy or inadequacy of an EIR specifically with regard to that project. He is concerned about sewer adequacy and growth inducement. He would feel much more comfortable voting on a project-specific EIR, not a program EIR. Commissioner Edwards agreed with Commissioner Sauter in some respects, but he also indicated that the City can condition future develop to pay for any upgrades in our wastewater treatment facility as part of the development package. Commissioner Zimmerman agreed with Commissioner Sauter. Although he could approve the EIR because it does raise some issues, he suggested putting the General Plan Amendment and Zone Change on hold until a project is identified. He expressed that approving recommendations 2 and 3 would be like writing a "blank check. " Consequently, he recommended approving the EIR and receiving and filing the other two recommendations . Commissioner Hageman expressed concerns about the adequacy of the EIR. She was bothered by the changes that have occurred since the EIR was written (i.e. , the addition of the adjacent lots) . The mitigations are based on the project being a successful commercial type project. The impact of an unsuccessful project was not fully addressed. Additional investigation sufficient to determine if the site is actually viable to be developed under the proposed zoning needs to be looked at. She was also bothered by the rather cavalier tone of the EIR, especially the responses to the comments to the draft EIR. She felt that due to the nature and scope of the impacts and the financial situation of the City, it is not wise to defer analysis of some of the impacts . She suggested looking at all the items now. There are potential problems in rezoning this property. The EIR continually states that mitigation measures can be instituted to reduce the impacts of commercial development on this site. Her reading of this document is that this site will be difficult to develop commercially. (Page 6 of 9 ) . • 000089 Planning Commission Meeting, September 17, 1996 Commissioner Johnson reminded the Commission that this is a program EIR and that getting locked in on different projects at this time is a mistake. He said the minor change in zoning in the corner is not what CEQA would consider a large enough change to affect whether or not the approval could be made on this EIR even though it is made at this time. He suggested that the Commission proceed with this . Commissioner Sauter feels like the Commission is being asked to approve the adequacy of an EIR, to approve a General Plan Amendment, to approve a Change to the Land Use Element -- all without a_project - - and at a later date, when there is a project, it will be brought back and deal with some of the many questions which are apparently unanswered now. He thinks this is objectionable and he can' t support the adequacy of the EIR based on that type of planning system. ACTION: Certify the Environmental Impact Report prepaired for the project to be adequate under the provisions of the California Environmental Quality Act and the State and local guidelines for its implementation. Motion: Wallace Second: Johnson AYES : Wallace, Johnson, Zimmerman, Edwards NOES : Sauter, Hageman ABSENT: None MOTION PASSED: 4:2 ACTION: Approve Resolution No. 77-96 amending the General Plan Land Use Element by modifying the text regarding the location of Commercial Park and Industrial Park areas, extending the Urban Services Line, and changing the land use designation of the site from "Suburban Residential" to "Commercial Park" and "High Density Multi-Family Residential . " M_-tic„: Second: Johnson AYES : Edwards, Johnson, Wallace NOES : Sauter, Hageman, Zimmerman ABSENT: Bowen NO ACTION: 3 :3 NO OTHER ACTION WAS TAKEN. (Page 7 of 9 ) 000090 MEETING AGEND 10/8/96 1 RESOLUTION NO. 89-96 DAIc ITEMS I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO CONSENTING TO THE TRANSFER AND ASSIGNMENT OF THE CABLE TELEVISION FRANCHISE OF FALCON CABLE SYSTEMS, L.P. TO FALCON CABLE SYSTEMS COMPANY 11, L.P. IN ATASCADERO, CA WHEREAS, Falcon Cable Systems Company, L.P. (hereafter referred to as "CABLE SYSTEMS") owns and operates a cable television system serving residents of Atascadero, CA (hereafter referred to as "City") pursuant to a valid franchise; and WHEREAS CABLE SYSTEMS is legally required to be dissolved under the terms of its master limited partnership agreement; and WHEREAS, The present managing general partner of CABLE SYSTEMS, Falcon Holding Group, L.P. has created a successor partnership called Falcon Cable Systems Company II, L.P. ("CABLE SYSTEMS II") to own and operate the partnership's assets; and WHEREAS, The managing general partner and all other aspects of system management and system operations of the old and the new entities will remain unchanged; and WHEREAS, CABLE SYSTEMS has requested the City to consent to the transfer of its franchise to CABLE SYSTEMS Il; and WHEREAS, The City has determined that there will be no substantive change in the management or operations of the cable system serving local residents and that the public health, safety and welfare of the residents of the City will be served by consenting to the transfer of the franchise; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Atascadero to consent to the transfer of the franchise currently held by Falcon Cable Systems Company, L.P. to Falcon Cable Systems Company II, L.P., upon the effective date of this resolution. On motion by Councilmember , seconded by Councilmember , the foregoing resolution is hereby adopted on the following vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO: ATTEST: GEORGE P. HIGHLAND, Mayor LEE PRICE, City Clerk 000091 - - - ,.,, .. . . ..... ..,.. ..v. vVJiV114.LJ f. 1 ' 1 �rn CORp0Aj&%, VMSAOaOARTERi 10900 Wilshire Boulevard . 15th floor. Los Angeles.Gxlilwnix 0002d' gel 310.N24-9990 . Fax 310.208.3655 i Fo. June 14, 1996 Ms. Ellen Sturtz Cable TV Administrator Engineering Dept. Itsn 207 SLO County Government Center San Luis Obispo, CA 93408 Re: Falcon Cable Systems Company Reorganization Dear Ms. Sturtz: In our tetter of May 15th we wrote to inform you that Falcon Cable Systems Company L.P. ("Cable Systems"),the parbuwship which owns the cable system in San Luis Obispo County, would need to be reorganized by the end of this year under the terms of its"master limited partnership" agreement. We are pleased to be able to now inform you that Falcon's Board has formally approved the aegwsition of Cable Systems' assets through a newly formed subsidiary,Falcon Cable Systems Company II,L.P. ("Cable Systems IP'). In fact,the managing general partner of both Cable Systems and Cable Systems II--Falcon Folding Group, Inc. --will remain the same_ Therefore, there will be no change in . management, control or the operation of the cable system in San Luis Obispo County. While these organizational changes will leave in place the existing management and operations of the company, a teclnical/legal change will occur in the organizational structure of the partnership which may be viewed under local f}+anchise provisions as requiring formal County acknowledgment or consent. We therefore request the County's acknowledgment or consent to a technical transfer of our franchise from Falcon Cable Systems Company,L.P. to Falcon Cable Systems Company II, L.P. This may be accomplished in whatever manner the County deems appropriate, the easiest of which would probably be either a letter from an authorized County official or by a simple Board of Supevisors resolution, depending on local legal requirements. Since the reorganization of the partnership is planned to take place as soon as possible,we would greatly appreciate it if the County would act as expeditiously as possible. Our Regional Manager will contact your office during the week of June 17 to discuss with you how best to proceed. He will also be able to provide you with a model letter or Board of Supevisors resolution for your review and consideration. Falcon's management and all of its employees are committed to providing San Luis Obispo County with the highest quality cable TV service available. Please let us know if there is anything further we can do at this time. Thank you very much. Sincerely, �"�'�'FIVER ZIZ JUN 171996 Howard Gan � � _ Evixi;v�ERING Vico President �TMENT Post4r Fax Note 7671 Val To -I From I omept. Co. 000093 J. Ui lin UV"tII LAU11YLL1IAu 1JLt1. rAA au, ODUIOIILLU Y. � June 21. 1999 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Howard Gan Falcon Cable N 10900 Wilshire Boulevard 15th Floor Los Angeles CA 90024 Subject: Falcon Cable System Company Transfer Dear Mr. Gan: Thank you for your letter of June 14, 1996, which informed the County regarding your proposed transfer of Falcon Cable Systems Company L.P. to Falcon Cable Systems Company 11, L.P. The County is interested-in assisting you in making the transfer process an effective and efficient one. While your filing of Form 384 with the County will formally begin the process, if you wish to address any preliminary matters In order to facilitate the County's review, please let me know. The County is committed to reviewing Falcon's submittal in a timely fashion. Thank you for your cooperation with this matter. Sincerely, ELLEN a, STURTZ Franchise Administrator cc, Barry Egan, Fax Only File: Falcon Cable Transfer t:lfranchisltransfer.hg.Ina r 0 000094 JuL iu vu rrLv UI r uvuiuil ziiiriiizm1mu Urri, rH� 11U. UU0lb11LLJ r. C91100wAY5 H6ADQUAWITERB 10900 Wil9hire Boulevard . 15ch Floor - Los Angeles.Cali(0so.ia 90024 7a1 310. 24-9990 . Fax 310.208.3655 i Falcon- June 21, 19% Ms. Ellen O. Sturtz Franchise Administrator San Luis Obispo County County Government Center,Room 207 San Luis Obispo,CA 93408 Re: Submission of Falcon Cable Systems Company's FCC Form 394 Dear Sue: On behallf of Falcon Cable Systema Company we are enclosing an original and two copies of FCC Form 394,"Application For Franchise Authority Consent To Assignment Or Transfer Of Control Of Cable Television Franchise'. As you have been aware for some time,Falcon Cable Systems Company's pa tnershiP agreement requires that the partnership be dissolved and the assets sold to another entity.Falcon Holding Group,L.P. GLF' Falcon Cable Systems Company's managing general partner, is t' � �' including the publicly held Limited. exercising its option to buy the partnership's assets, �S Pu Y Partnership Units.Normally, a managing general partner's buy out of the interests of the company's limited partners would be considered an internal matter- However, since the existing partnership must be dissolved and a new partnership formed to own the company's assets.we are requesting a franchise transfer from Falcon Cable Systems Company,L.P. to Falcon Cable Systems Company 11,L.P. Of course Falcon Cable Systems lY will swept full legal and fmancial responsibility for all fi a wNse related obligations of the present company. This is a straightforward transaction involving no substantive change in the identity of the management or the operation of the system. We would therefore appreciate it if the matter of consent to the franchise transfer from Falcon Cable Systems Company,L.P. to Falcon Cable Systems Company 11,L.P. could be placed on the next available Board agenda. Since herhe summer vacation season is upon us, and since there are a number of lawyers, professionals involved in closing the transaction„it would be very helpful if the County Board would acct on this matter as soon as possible. Please let me know if there is anything further you need from us. Thanks very much- RECFIVED 0 Sincerely, JON 2 5 1996 Howard Gan DEPARTMENT 000095 � + 1U UU ii , J• UL 11f1 UVU111i 1i1KU1aiilil\11YU 1)lii1, t'IIA IIV, 0 U J 1011 L 4 J r, } 07-03--1996 06-'31PM FPW The Huske Group TU 1005781122" P.02 luske i ,luty 2, 1995 Ellen SbxU San Luis Obispo Cir Goverftamw t Ca tW Err9Wpnft fitoom 207 San Luis Obispo, C.alifi ate 93408 Over Ellam: Dearing aur recant "Nep"M conv�setitan we db ammed to ftendw of ownership that W currently underway involving Falcon Gable System, and the i ounWs need for consulting assistare with ragsrd to that MOV The 8uske Group would be pleased to provide such assistance to the Caamty. As you we awarre, our firm hes been assisting tt18r Cities of Gikoy, Morgan Hill, Hollister, Sart Juan DwAiata. and Santa Clara County with regard to their frandwe renewal process and now with regard to they Falcon . A good dpi of the parroted research and badgVound analysis aseomW with a proposed transfer of own=* is 0~ in r and apokabie to any comrnu* being served by Me oabi0 opw'acor who tms pry the barn er The coordembon of consefting efforts between a rulmber of local goverr►ments, all served by the same consulte nt with regard to the trastafer,can be both elge►ative and oust-~ve€vr a#1 irwolved. You aslod thbt i provide a cost etirtmte for the work that we }propose to perform for the County. Below is a list of tasks then we suggest: • Review FCC Form 394 filed by Falcon. • Reytew other associated doaunents such as 8K filing with SEG. + CQm mun# ate*M designated County aW to identify franchise oorrtplisrtae ice, if any. • Communicate with dqwignetect County staff regarding other ancillary issues (e.g., rats issues), if any, that staff has idenfi ed. • Prows a memo outtatirg our findings. • O aft a transfer of ownership resolution for action by County Goff n iSsion. • Provide other assistance related to the tray oft of ownership as requested by. Countystak 3ctot J shvc4 s+zift 201 a s.craa to, s�ssts VOM (9 W)441-6M Fu: 016)4¢176W E-=O: bud nsUm%oM 000096 ..... ..v QUJ i u J W`03-19% 06'32PM FROM The Buske gaup TO 11LL 18057811229M P.s3 The hourly pr~%Ml fees for the serAc m listed abOVee will be Be falloWw Senior Consultant(Sue busks) $75.00 per hour. FWmicial Analyst(Jay Sa th): $140.00 parhour. Direst aansts such ars tslephone, price", pm", and travel (if ") will be billed to the County in edditian Z0 the p Wenkx el twurly fees NOW above. I anticipate that the total fees an ibis project would not exmeed 45,000. 9 they exceed that estirrlate,we wed not proceed with addito f work unfit we remved a written ewttwrizetia t from the County to do so. Should legal assistarM b4 necemory on fhla pmp M war anticipate utilitij'ag Joe Van Eaton; cromrrsmloations a may vNth the 1l1/aihir�ttm, D.C. taw ftm of Wile r, Canftld, Paddock, and StmV. R& Van Edon is of oouwf to The &nke Cwm* art the project invokft Om group►.of California cities mentiomd early In this letter. HiCn+a"w, 1 cm mnftrm his a+MI911 iIdy for this project due to the .lull► 4th hotisfary. I& Van Eaton's► hwrty rates is 31 SO.M. t inform you as soon ss!as ewatlalblllty is a w*med. If Mr. Van Eaton is hat avaltb% wo v xxM use tom. James Horwood, parOw with the, Wasra'e Oon, D.C. law firm of Spiegel a Md iammd We have worked extensively with tooth N. Horwood aid Mr.Van Eton. 1 task.forward to the oppOMXW W work with you and to be of assmtmm to the County. Should you r•geury eddiitioral aaforradionf phmsa give me a mu. • Sinae:re , r' ppSue��,,,,Kller Buike r,ea The Bu"Group 00000'7 REPORT TO CITY COUNCIL Agenda Item: C-2 CITY OF ATASCADERO Through: Andrew J. Takata Meeting Date: 10/08/96 City Manager File Number: ZC 96009 Via: Steven L. DeCamp, City Planner From: Doug Davidson, Senior Planner SUBJECT: Adoption of an ordinance 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) . (Shannon/Shores/Sholders) . RECOMMENDATION: Approval and adoption of Ordinance No. 312 on second reading. BACKGROUND• On September 24, the City Council conducted a public hearing on the above-referenced subject. The Council approved Ordinance No. 312 on first reading. /ph Attachment: Ordinance No. 312 000098 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) I 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. 000099 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 roll call vote: 000100 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 OvOi01 ORDINANCE NO. -312_ EXHIBIT A Page±t_of 1 i 06, 44, t/�H)( P D7 -11z � •�' � ,amu. _, � z FROM RMF- IQ KBY: 7'D "RNl F- Jb C aj>-iS New Zone="ABC' Old Zone=(XYZ) All Overlay Zones to remain unchanged 0001, 02- ORDINANCE NO. 3/2- EXHIBIT B Page S of 5 � + r5A1T''4 r1y5 MAo- 79AC1 M10 A 0lAA1A1.,p OEVE60Oic eyr (00.7) (D Apo JL�Lll Y MA Ay e r .uii~ .'7' Yr/r I � !r �r +r ! .•1 r J V1 1 / N •r '� K � r ' .� � � 1 " 41d Yw qN J i I IL:-.��/Y' --'r-r —_ — ��:w �- r�. I•�.. :T.''�' �'-�S.•�'.ZT.r�, � ��. l�w .. .i.il•� �l � �rr .�..l �I, L �. `Sjt C •�� z�,wwu+ .�.Y�.%7�_a.a'.�r(1a.�ti.1•�.Ly'}f�� .._JI ry �Y�I.N��✓ OWI/L.fOI S.:IHrw I. .II i:•��1�ie.e.� J (.1 rH nw.r..J `•4C1 nut./••a• AfflfKitr�/RtIL �Rr mAtu rivi ,NA{ ¢/ft IF A7rsaCnallrJr rlv!�ary /..:v �M UACf.W. 12919 • rwu K 1O1 ••• 1� '� ti 11..1 I�Irrrl H�+/r..Y., M Ir/I..M V'✓.IJ ry.r•Yr Vw W/W.'.'.l�' ..r1 ///)11 w.I rw:n IrM••i. 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