HomeMy WebLinkAbout2007-094RESOLUTION NO. 2007-094
RESOLUTION OF THE CITY COUNCIL OF ATASCADERO,
CALIFORNIA, CERTIFYING PROPOSED MITIGATED NEGATIVE
DECLARATION 2007-0022 PREPARED FOR GENERAL PLAN
AMENDMENT 2005-0016, ZONE CHANGE 2005-0111,
CONDITIONAL USE PERMIT 2005-0175 AND VESTING
TENTATIVE PARCEL MAP 2005-0080
APN 045-391-0159 016
13000 Atascadero Road
(Gearhart)
WHEREAS, an application has been received from Kelly Gearhart, 6205 Alcantara
Avenue, Atascadero, CA 93422 (Applicant) and Atascadero Homeowners LLC, 6205 Alcantara
Avenue, Atascadero, CA 93422 (Property Owner) to consider a project consisting of a General
Plan Land Use Diagram Amendment from CREC (Commercial Recreation) to SFR -Y (Single -
Family Residential 1.0 ac min) and a Zoning Map Change from LS / PD -8 / FH (Special
Recreation with a Planned Development -8 and Flood Hazard Overlay) to RSF-Y / PD -8 / FH
(Residential Single -Family 1.0 ac min with a Planned Development 8 and Flood Hazard
Overlay) with a corresponding Master Plan of Development and Vesting Tentative Parcel Map
on a 10.0 -acre site located at 13000 Atascadero Road (045-391-015, 016); and,
WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2007-0022
were prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act (CEQA); and,
WHEREAS, the Planning Commission of the City of Atascadero held a public hearing
on October 16, 2007 to consider the following project and proposed environmental document;
and,
WHEREAS, the Planning Commission has recommended that the project will have no
significant impacts with project specific mitigation measures incorporated, and,
WHEREAS, the Atascadero City Council held a public hearing on November 13, 2007
to consider the following project and proposed environmental document; and,
WHEREAS, the City Council has determined that the project will have no significant
impacts with project specific mitigation measures incorporated, and,
NOW THEREFORE, the Atascadero City Council, hereby resolves to certify Proposed
Mitigated Negative Declaration 2007-0022 based on the following Findings, and as shown in
Exhibit A:
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City of Atascadero
Resolution No. 2007-094
Page 2 of 8
1. The Proposed Mitigated Negative Declaration has been completed in compliance with
CEQA; and,
2. The Proposed Mitigated Negative Declaration was presented to the City Council, and the
information contained therein was considered by the City Council, prior to
recommending action on the project for which it was prepared; and,
3. The project does not have the potential to degrade the environment when mitigation
measures are incorporated into the project; and,
4. The project will not achieve short-term to the disadvantage of long-term environmental
goals; and,
5. The project does not have impacts which are individually limited, but cumulatively
considerable; and,
6. The project will not cause substantial adverse effects on human beings either directly or
indirectly.
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City of Atascadero
Resolution No. 2007-094
Page 3 of 8
On motion by Council Member O'Malley and seconded by Mayor Luna, the foregoing
Resolution is hereby adopted in its entirety on the following roll call vote:
AYES: Council Members Clay, O'Malley and Mayor Luna
NOES: Council Members Beraud and Brennler
ABSENT: None
ADOPTED: November 13, 2007
ATTEST:
��- CvGT/y1.fi
Marcia McClure Torgerson, C.M.C.,
City Clerk
APPROVED AS TO FORM:
Brian Pierik, Interim City Attorney
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CITY OF ATASCADERO
By:
Dr. George Luna, Mayor
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City of Atascadero
Resolution No. 2007-094
Page 4 of 8
Exhibit A Proposed Mitigated Negative Declaration 2007-0022
- CITY OFATASCADERO
PPOPOSED MITIGATED
NEGATIVE DECLARATION -02007-0022
6907 El Camino Real Atascadero, CA 93422 8051461-5000
1. The project does not have the potential to degrade the environment whenmitigation measures are
incorporated into the project.
2. The project will not achieve shortterm to the disadvantage of long-term environmental goals.
3. The project does not have impacts which are individually limited, but cumulatively considerable.
4. The project will not cause substantial adverse effects on human being,: either directly or indirectly.
DETERMINATION:
Based on the above findings, and the information contained in the initial study 2006-0022 (made a part hereof by
reference and on file in the Community Development Department), it has been determined that the above project will
not have an advers a imp act on the environment when the following prop o s e d mitigation me asure s are inc orp orated
into the project.
PREPARED BY: Warren FMce, Community Development Dfrector
DATE POSTED: September 28, 2007
PUBLIC REVIEW ENDS: October29,2007
iu�k•. G' rdy0 1 GPA303001d.CEJA r=MNDS-IW, rmi
APPLICANT:
Kelly Gearhart
61OAlcantara.Ave..
Atascadero, CA 93422
PROJECT TITLE:
Eagle Creek Golf Course General Plan Amendment/Zone Change /
Planned Development Amendment and 2 -lot Parcel t .,(PLN -2099-
0818)
PROJECT LOCATION:
13QOQ.Atascadero..Raad,.Aiascr�dero,...GA.? x.422
San Luis Obispo County
APN 045-391-015, 016
PROJECT DESCRIPTION:
The proposedprolact consists of a General Plan Amendment of 10.0 acres from CREC
(Commercial Recreation) to RSF-Y (Residential Single Family 1.0 acre min), Zone
Change of 10.0 acres from LS (Special Recreation) to SFR -Y (Single Family Residential
1.0 acre min), amendment of the Master Plan of Development for Planned Development
8 to replace an exish'ng go tfcourse with two single-family residences, and parcel map to
subdivide 10.1 acres into two tots. 7heproposedprojectis located within the 100 -year
floodplain.
FINDINGS:
1. The project does not have the potential to degrade the environment whenmitigation measures are
incorporated into the project.
2. The project will not achieve shortterm to the disadvantage of long-term environmental goals.
3. The project does not have impacts which are individually limited, but cumulatively considerable.
4. The project will not cause substantial adverse effects on human being,: either directly or indirectly.
DETERMINATION:
Based on the above findings, and the information contained in the initial study 2006-0022 (made a part hereof by
reference and on file in the Community Development Department), it has been determined that the above project will
not have an advers a imp act on the environment when the following prop o s e d mitigation me asure s are inc orp orated
into the project.
PREPARED BY: Warren FMce, Community Development Dfrector
DATE POSTED: September 28, 2007
PUBLIC REVIEW ENDS: October29,2007
iu�k•. G' rdy0 1 GPA303001d.CEJA r=MNDS-IW, rmi
City of Atascadero
Resolution No. 2007-094
Page 5 of 8
SUMMARY OF MITIGATION MEASURES:
The following mitigation measures will be incorporated into the project's conditions of approval
to insure each mitigation is implemented and monitored.
3.b.1. The project shall comply with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as
contained in section 6.4 of Air Quality Handbook. All site grading and demolition plans notes shall list the following
regulations:
A.
All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering
shall occur at least twice daily with complete coverage, preferably in the late morning and after work is finished
for the day.
B.
All clearing, grading, earth moving, or excavation activities shall cease during periods of -high winds (i.e. greater
than 20 mph averaged over one hour) so as to prevent excessive amounts of dust.
C.
All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive
amounts of dust.
D.
The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized so as to
prevent excessive amounts of dust.
E.
Permanent dust control measured identified in the approved project revegetation and landscape plans shall be
implemented as soon as possible following completion of any soil disturbing activities.
F.
Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be
sown with fast -germinating native grass seed and watered until vegetation becomes established.
G.
All disturbed areas not subject to revegetation shall be stabilized using approved chemical soil binders, jute
netting, or other methods in advance by the APCD.
H.
All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as possible. In addition,
structural foundations shall be completed as soon as possible following building pad construction.
I.
On-site vehicle speed shall be limited to 15 mph for any unpaved surface.
J.
All unpaved areas with vehicle traffic shall be watered at least twice per day, using non -potable water.
K.
Streets adjacent to the project site shall be swept daily to remove silt which may have accumulated from
construction activities so as to prevent excessive amounts of dust from leaving the site.
L.
Wheel washers may be required when significant offsite import or export of fill is involved.
4.b.1. Restoration plantings along Paloma Creek shall be consistent with the recommendations of Althouse & Meade's July
17, 2007 Restoration Plan.
4.b.2 The project biologist shall monitor grading and restoration work within 50 feet of the creek bank.
4.b.3. Permits for culvert outfalls on Paloma Creek shall be obtained from RWQCB and Department of Fish and Game.
9.b.1. The tentative map and master plan of development approval shall not become effective
until the final approval date of the General Plan Amendment and ordinance that enacts
the required Zoning Map amendment.
Additional mitigation measures were received from the APCD during the public review period.
The mitigation measures on the following three pages have been added as project mitigation
measures.
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Resolution No. 2007-094
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CONSTRUCTION PHASE 11MGATION
The APCD staff considered the construction phase impacts of this project and detennined
that the following air quality mitigation and regulatory measures are needed.
Naturally Occurring Asbestos
The project site is located in a candidate area for Naturally Occurring Asbestos (NOA),
which has been identified as a toric air contaminant by the California Air Resources Board
(ARB). Under the ARB Air Toxics Control Measure (ATC vo for Constriction, Grading,
Quarrying, and Surface Alining Operations, prior to any grading acthities at the site,
the project proponent shall ensure that a geologic evaluation is conducted to
determine if NOA is present Within the area that will be disturbed. If NOA is not
present, an exemption request mast be filed with the Dishict (see Attachment 1). If
NOA is found at the site the applicant mast comply with all requirements outlined in
the Asbestos ATCAL This may include development of an Asbestos Dust Mitigation Plan
and an Asbestos Health and Safety Program for approval by the APCD_ Please refer to the
APCD web page at hirp:IAtrxw.slocleanair.orgl'bres nesslasbestos_casp for more information
or contact Tim Fuhs of our Enforcement Division at 781-5912.
Developmental Burning
Effective February 25, 2000, the APCD prohibited developmental burning of
vegetative matetial Within San Luis Obispo Count♦ . Under certain circumstances
where no technically feasible alternatives are available, limited developmental burning
under restrictions may be allovxed.. This requires prior application, payment of fee based
on the size of the project, APCD approval, and issuance of a burn permit by the APCD and
the local fire department authority. The apphcant is required to ftmsh the APCD vrith the
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Resolution No. 2007-094
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study of technical feasibility (which includes costs and other constraints) at the time of
application. If you have any questions regarding these requirements, contact Karen Brooks
of our Enforcement Division at 781-5912.
Demolition Activities
The project referral indicated that there are existing structures on the proposed site that will
be demolished or renovated. These activ=ities can have potential negative air quality
impacts, including issues surrounding proper handling, demolition, and disposal of
asbestos containing material (ACM). Asbestos containing materials could be encountered
during demolition or remodeling of existing buildings. Asbestos can also be found in
utility pipes/pipelines (transite pipes or insulation on pipes). If utt7itf pipelines are
scheduled for removal or relocation; or buildings) are removed or renovated this
project may be subject to various regulatory jurisdictions, including the requirements
stipulated in the National Emission Standard for Hazardous Air Pollutants
(40CFR61, Subpart M - asbestos NESILAP). These requirements include but are not
limited to: 1) notification requirements to the District, 2) asbestos survey conducted by a
Certified Asbestos Inspector, and, 3) applicablee removal and disposal requirements of
identified ACM. Please contact Tim Fuhs of the Enforcement Division at 781-5912 for
fiuther information.
Dust Control Measures
Construction activities can generate fugitive dust; which could be a nuisance to local
residents and businesses in close proximity to the proposed construction site. Dust
complaints could result in a violation of the APCD's 402 "Nuisance" Rule. Any project
with a grading area greater than 4.0 acres exceeds the APCD's PM10 quarterly threshold.
This project exceeds this threshold or is near potentially sensitive receptors and shall
be conditioned to comph with all applicable Air Pollution Control District
regulations pertaining to the control of fugitive dust (PA110) as contained in section
6.5 of the Air Quality Handbook. All site grading and demolition plans noted shall list
the following regulations:
a. Reduce the amount of the disturbed area where possible,
b. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne
dust from leaving the site. Increased watering frequency would be required
whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be
used whenever possible,
c. All dirt stock pile areas should be sprayed daily as needed,
d. Permanent dust control measures identified in the approved project revegetation
and landscape plans should be implemented as soon as possible following
completion of any soil disturbing activities,
e. Exposed ground areas that are planned to be reworked at dates greater than one
month after initial grading should be sown with a fast germinating native grass seed
and watered until vegetation is established,
f. All disturbed soil areas not subject to revegetation should be stabilized using
approved chemical soil binders, jute netting, or other methods approved in advance
by the APCD,
g. All roadways, driveways, sidemalks, etc. to be paved should be completed as soon
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City of Atascadero
Resolution No. 2007-094
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as possible. In addition building pads should be laid as soon as possible after
grading unless seeding or soil binders are used,
h. Vehicle speed for all construction vehicles shall not exceed 15 mph on any tunpaved
surface at the construction site,
i_ All trucks hauling dirt, sand, soil, or other loose materials are to be covered or
should maintain at least two feet of freeboard (minimum vertical distance betwem
top of load and top of trailer) in accordance with C'VC' Section 23114,
j. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or
wash off trucks and egtuptnent leaving the site, and
k. Sweep streets at the end of each day if visible soil material is carried onto adjacent
paved roads. Water sweepers with reclaimed water should be used where feasible.
All P4110 mitigation measures required should be show on grading and building plans.
In addition, the contractor or builder should designate a person or persons to monitor the
dust control program and to order increased watering, as necessary, to prevent transport of
dust offsite. Their duties shall include holidays and weekend periods when work- may not
be in progress. The dame and telephone number of such persons shall be proiided to
the .PCD prior to land use clearance for map recordarion and finished : •ading of
the area.
OPERITION-AL PIUSE IMITIGATIO\
The APCD staff considered the operational impact of this development by, comparing it
against screening models within the APC'D's Air Quality Handbook. This indicated that
operational phase impacts will likely be less than the APCD"s CEQA Tier I significance
threshold value of 10 lbs of emissions per day. Therefore, beyond the transfer of the open
space development rights identified in the General Comments section of this letter and the
measure below. APCD is not reconunenid ng other operational phase mitigation measures
for this project.
Residential Wood Combustion
Under APCD Rule 504, only APCD approved wood burning dexices can be installed in
new dwelling units. These devices include:
• All EPA -Certified Phase H wood burning devices:
• Catalytic wood burning devices wlnich emit less than or equal to 4.1 grams per hour
of particulate matter which are not EPA -Certified but have been verified by a
nationally -recognized testing lab;
• Ikon -catalytic wood burning devices which emit less than or equal to 7.5 grams per
hour of particulate matter which are not EPA -Certified but hive been verified by a
nationally -recognized testing lab;
• Pellet -fueled woodheaters: and
• Dedicated gas-fired fireplaces.
If you have any questions about approved wood burning devices, please contact Tim Fuhs
of our Enforcement Division at 7S 1-912.
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