HomeMy WebLinkAboutMinutes 050807 Special Meeting•
Approved June 26, 2007
CITY OF ATASCADERO
CITY COUNCIL
**SPECIAL MEETING**
MINUTES
Tuesday, May 8, 2007, 5:30 P.M.
Mayor Luna called the meeting to order at 5:30 p.m.
ROLL CALL:
Present: Council Members Beraud, Clay, O'Malley, Brennler, and Mayor
Luna
Absent: None
Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson,
Deputy City Clerk Grace Pucci
Staff Present: City Manager Wade McKinney, Community Development Director
Warren Frace, Public Works Director Steve Kahn, Police Chief
John Couch, Fire Chief Kurt Stone, Associate Planner Kelly
Gleason and City Attorney Patrick Enright.
A. MANAGEMENT REPORTS:
1. Conditional Use Permit 2004-0137 Amendments / Zone Text Amendment
ZCH 2006-0130 Fairfield Inn Hotel Health Care Services CT Text
Amendment (9700 EI Camino Real) (Jacobson / Patel)
■ Description: Proposal for the construction of a Hotel at 9700 EI Camino
Real.
■ Fiscal Impact: Revenue positive to the City due to the generation of
transient occupancy tax.
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■ Recommendations: Council:
There are four actions before the City Council: 1) a revised Mitigated
Negative Declaration was prepared and circulated for review that
encompasses all aspects of the proposed project, 2) the hotel and
associated site modifications are included in the Conditional Use Permit
amendment, 3) the proposed Zone Text Amendment, and 4) a
corresponding Conditional Use Permit to allow the proposed health care
services use at the project site. Since the projects cannot be segmented
under CEQA, all items have been forwarded to the City Council for final
review and approval.
Planning Commission Recommends: Council:
1. Adopt Draft Resolution A certifying proposed Mitigated Negative
Declaration 2007-0002 subject to Mitigation Monitoring; and,
2. Adopt Draft Resolution B approving the proposed amendment to
Conditional Use Permit 2004-0137 (Master Plan of Development)
allowing for the construction of an 80 -room hotel based on findings and
subject to Conditions of Approval and Mitigation Monitoring; and,
3. Introduce for first reading, by title only, Draft Ordinance A approving
Zone Change 2006-0130 amending the CT zoning code text to
conditionally allow "health care services" based on findings; and,
4. Adopt Draft Resolution C recommending that the City Council approve
the proposed amendment to Conditional Use Permit 2004-0137
(Master Plan of Development) allowing health care services to occupy
3,400 square -feet of tenant space in the office portion of the
development, based on findings and subject to conditions of approval.
[Community Development]
Ex Parte Communications
■ Mayor Luna: Met Monday, April 12th, with the developers JP Patel and Ted
Jacobson at the job site and talked about the road abandonment and the health
care services use; their major concern was streamlining the process and getting
started before June.
■ Council Member Clay: Attended the Planning Commission meeting for this project.
■ Council Member O'Malley: Spoke with both applicants and other business owners
regarding this project over the last six months.
Associate Planner Kelly Gleason gave the staff report and answered questions of
Council.
Council Member O'Malley asked about the last minute changes proposed by the
applicant, specifically the patient awning.
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Community Development Director Warren Frace stated that the determination on the
Sawning was a building code issue, and he would not recommend the Council take a
formal position on it. He explained the city building official is working with the applicant
on the awning issue to determine whether it is actually needed on this project. As the
project goes through the review of the tenant improvement, the building official is
working with the applicant's architect on the exact determination of the occupancy and
the use and some of the finer code features that apply. Director Frace recommended
leaving it to the building official to make the professional determination on the awing to
make sure it is compliant with the building code, and stated it was not appropriate for
the Council to interpret the Uniform Building Code. Regarding the applicant's request
for removal of the oak tree, Director Frace explained the purpose of the bond is for a
tree that has a high likelihood that it will not survive. The bond is basically equivalent to
what the tree mitigation payment would be if Council approved the removal of the tree.
In this case where there are trees that are significantly impacted it has been the
standard process to condition those trees to be bonded so that if the tree does not
survive construction the tree mitigation fee has already been paid. Director Frace
stated the Planning Commission did not recommend removal of the tree. He indicated
staff does not have a problem with the change to the stucco finish.
PUBLIC COMMENT
Ted Jacobson, applicant, spoke about the project, their current request to allow health
care services, their preferred stucco finish, parking, and answered questions of Council.
Is Mr. Jacobson requested a direction to staff to work with the applicant on the length of
the awning.
JP Patel, applicant, addressed questions raised by the Council, asked to remove the
oak tree from the site, and asked for final approval on the colors for the hotel as
approved by Marriott.
Steven Alvarez, project arborist, recommended that the oak tree in question be
removed, and spoke about the past negative impacts to the tree.
Mayor Luna closed the Public Comment period.
The Community Development Director was asked about the color elevations submitted
by the applicant at tonight's meeting. Director Frace stated that staff was
recommending staying with the color elevations that were originally shown to the
Planning Commission and reviewed by staff, with just the substitution of the stacked
stone for the brick. He explained that this was the first time staff had seen the proposed
color elevations and that they are similar to a version staff had seen before, and had
recommended against. He indicated that because of the building height staff was
concerned about the massing of the building and had incorporated color changes and
horizontal banding into the original design that the Planning Commission reviewed for
• the purposes of trying to reduce the mass and height appearance of the building.
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Therefore, if Council approves what was just submitted by the applicant, those features
would be eliminated, and this does concern staff.
JP Patel explained that Marriott would not approve the banding, and had approved the
color elevations as submitted to Council tonight.
There was Council discussion regarding the color changes. Council Member Beraud
supported keeping the staff recommendation on the colors and trying to minimize the
mass. Council Members O'Malley and Clay indicated they were comfortable with
approving a color elevation approved by Marriott.
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MOTION: By Council Member O'Malley and seconded by Council
Member Clay to adopt Draft Resolution A certifying proposed
Mitigated Negative Declaration 2007-0002 subject to Mitigation
Monitoring; and, adopt Draft Resolution B approving the
proposed amendment to Conditional Use Permit 2004-0137
(Master Plan of Development) allowing for the construction of
an 80 -room hotel based on findings and subject to Conditions
of Approval and Mitigation Monitoring; and, introduce for first
reading, by title only, Draft Ordinance A approving Zone
Change 2006-0130 amending the CT zoning code text to
conditionally allow "health care services" based on findings;
and, adopt Draft Resolution C recommending that the City
Council approve the proposed amendment to Conditional Use
Permit 2004-0137 (Master Plan of Development) allowing
health care services to occupy 3,400 square -feet of tenant
space in the office portion of the development, based on
findings and subject to conditions of approval, with the
following modifications:
1. Cal Trans Fair Share modified to: Fair Share or 17%
whatever is less. Condition of Approval, Page 127,
Mitigation Measure 15.a.b.1 ., last paragraph to read: If the
fairshare fee is paid and no reimbursement plan is filed by
the W. Front Street project (required to construct the
signals) within two years of the date of payment of the
fairshare fee Cal Trans approval of the sianal, the fees paid
by the applicant would be returned to the applicant and the
mitigation measure would be removed from the
requirements for this project.
2. Acceptance of the applicant's recommendation for the
stucco.
3. Approval of the recommended color scheme and plan as
submitted by the motel.
4. Support removal of the tree and going ahead with the
•
mitigation at this time.
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•
r�
Motion passed 5:0 by a
No. 2007-017, Item #A-1
Resolution No. 207-019)
B. ADJOURNMENT:
Approved June 26, 2007
roll -call vote. (Item #A-1.1 Resolution
2 Resolution No 2007-018, Item #A-1.4
Mayor Luna adjourned the meeting at 6:29 p.m.
MINUTES PREPARED BY:
`__Grace Pucci, Deputy City Cle
i
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Approved June 26, 2007
CITY OF A TASCADERO
C►TY r-O►►nrC►jr L
MINUTES
Tuesday, May 8, 2007, 7:00 P.M.
REGULAR SESSION: 7:00 P.M.
Mayor Luna called the meeting to order at 7:00 p.m. and Mayor Pro Tem Brennler led
the Pledge of Allegiance.
ROLL CALL:
• Present: Council Members Beraud, Clay, O'Malley, Brennler, and Mayor Luna
Y Y
Absent: None
Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson,
Deputy City Clerk Grace Pucci
Staff Present: City Manager Wade McKinney, Community Development Director
Warren Frace, Public Works Director Steve Kahn, Police Chief
John Couch, Fire Chief Kurt Stone, Associate Planner Kelly
Gleason, Assistant Planner Callie Taylor, and City Attorney Patrick
Enright.
COMMUNITY FORUM:
Pastor Rick Comstock, Atascadero Ministerial Association, led those present in prayer.
Mike Jackson and Ray Buban presented Ellen Beraud and Mike Brennler with a notice
to circulate a recall petition. Mr. Buban explained the reasons for this action and Mr.
. Jackson read the petition.
Mayor Luna read the rules for decorum to those present.
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Mark Phillips spoke about the draft ordinance for campaign finance reform and three
elements that had been left out of the staff report, about rules for circulation of petitions,
and the recall.
Bill Bright expressed concern regarding the bridge at Llano and asked that the city
improve the dirt road for safe access during an emergency.
Joanne Main, Executive Director Atascadero Chamber of Commerce announced the
following: Friday, May 11th, 11:30 a.m. the Women in Business are hosting a Business
Fair at the Lake Pavilion, Tuesday, May 15th, Empower Hour at the Carlton, and May
18th Chamber Membership Mixer at Golden One Credit Union. Ms. Main expressed her
concerns regarding the campaign finance reform issue.
Lee Perkins said the list of problems stated as the reason for the recall are long
standing while Council Members Brennler and Beraud have been on the Council for
less than five months.
David Broadwater stated that the issue of campaign contributions was a citizen -initiated
idea and the three elements raised by the citizens, but not in the staff report should be
included. He also asked about public notification for a strategic planning meeting he
had heard was held last Saturday.
John Shadak spoke about tonight's agenda, and the need for weed abatement at the
Printery.
Tino Santos stated he walks a lot and noticed several businesses that have closed or
moved to other towns, commented that there is a perception that Atascadero is not
business friendly, and spoke in favor of a citywide vote for Wal Mart.
Ann Ketcherside expressed concern that there is not enough time to safely cross the
street at intersections with stop lights, spoke against stealing people's property, and
expressed her shock over the recall.
(No name given) spoke about campaign finance reform and his concerns that it is aimed
at attacking the business community who have built and continue to support
Atascadero, and reviewed the many contributions made by his own organization.
Steve LaSalle stated he was on the Veterans Memorial Art Committee and reviewed the
process that led to the eventual acceptance of the Memorial.
Mayor Luna closed the Community Forum period.
Council Member Clay commented that he was against the campaign finance document
. as written as he believed it did not work for the community.
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Approved June 26, 2007
Mayor Pro Tem Brennler commented that he was saddened by the cheering related to
OR the recall notice, but stated he respects the process and obeys the law. Regarding the
comment made that he is responsible for choking the town in relation to commercial
development, he stated he has approved every project of a commercial nature that has
come before him so far. He believes he can make a difference and respects differences
of opinion.
City Clerk Marcia McClure Torgerson stated that the Council's team building session
last Saturday had been publicly noticed.
APPROVAL OF AGENDA:
Mayor Luna suggested amending the agenda to continue Items #C-1 and 2.
MOTION: By Council Member Clay and seconded by Council
Member O'Malley to approve the agenda as amended.
Motion passed 5:0 by a roll -call vote.
COUNCIL ANNOUNCEMENTS AND REPORTS:
• Council Member O'Malley announced that there will be a benefit for Joe Benson this
Saturday, from 10:00 a.m. to 3:00 p.m. in the Paso Robles City Park. Donations for Mr.
Benson can also be made at any Heritage Oaks Bank.
L
Mayor Pro Tem Brennler announced Children's Day in the Park on Saturday, May 19th
11:00 a.m. to 3:00 p.m. at the Lake Park. He also asked staff to look into the attractive
nuisance at EI Camino and Del Rio as he is concerned that a child may go in and hurt
themselves. Mayor Pro Tem Brennler thanked Cal Trans for their attention to the
cleaning of Hwy 101.
Council Member Beraud commented that the Council spent extra time on May 5th doing
a team building workshop, and made good progress in learning how to handle
themselves and understand each others point of view.
A. CONSENT CALENDAR:
1. City Council Meeting Minutes — April 10, 2007
■ City Clerk Recommendation: Council approve the City Council Meeting
Minutes of April 10, 2007. [City Clerk]
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Page 3 of 16
Approved June 26, 2007
2. Weed Abatement — Contractor Award (City Bid No. 2007-003)
■ Fiscal Impact: None. Funds are budgeted, annually, to cover the costs of
the weed abatement program, and are recovered through assessments on
property tax bills of those parcels abated.
■ Recommendation: Council authorize the City Manager to execute the
contract with Jack R. Bridwell for weed abatement. [Fire]
3. Colony Park Frontage Improvements Award (City Bid No. 2007-002)
• Description: The proposed project will include curb, gutter, sidewalks and
street lights along Traffic Way, from Olmeda Avenue to the eastern
boundary of Colony Park.
■ Fiscal Impact: Total estimated expenditure of $212,500.00.
■ Recommendation: Council authorize the City Manager to execute a
contract with Union Asphalt in the amount of $ 161,437.30 for construction
of the frontage improvements for the new Colony Park Community Center.
[Public Works]
4. Final Map 2006-0143 (Tract 2814) 5900 Madera Lane (TTM 2005-0079)
Eddin s
■ Description: Creates four airspace units on a 0.5 acre common lot.
■ Fiscal Impact: None.
• ■ Recommendations: Council:
1. Adopt and approve Final Map 2006-0143 (Tract 2814); and
2. Authorize and direct City Clerk to endorse the City Council's approval
on the Final Map. [Public Works]
•
5. Parkina & Business Improvement Area (PBIA) Assessment
■ Description: The annual PBIA assessment is imposed on downtown
businesses for improvements in the downtown.
■ Fiscal Impact: The City receives approximately $10,500 annually from the
Downtown Parking and Business Improvement Area assessments.
■ Recommendation: Council adopt the Draft Resolution of Intention,
declaring intent to levy annual Downtown Parking & Business
Improvement Area assessment, and set a public hearing for June 12,
2007. [City Manager]
MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem
Brennler to approve Items #A-1, 2, 3, 4, and 5.
Motion passed 5:0 by a roll -call vote. (Item #A-2 Contract No.
2007-009, Item #A-3 Contract No. 2007-010, Item #A-5
Resolution No. 2007-020)
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• B. PUBLIC HEARINGS:
1. General Plan Text Amendment and Title 9 Planning and Zoning Text
Amendment — GPA 2006-0017 f ZCH 2006-0125 f PLN 2006-1139 (City of
Atascadero)
• Description: The Council will consider the adoption of an Ordinance to
establish permanent creek setbacks.
■ Recommendations: Planning Commission Recommends on a 3-3 vote:
1. Council adopt Draft Resolution A denying General Plan Amendment
2006-0017 and the associated environmental document and Zoning
Text Amendment.
If Council chooses to adopt staff's proposed Creek Ordinance and
General Plan Amendment the following are provided:
2. Draft Resolution A certifying Proposed Negative Declaration 2006-
0039-land,
006-
0039;and,
3. Draft Resolution B to approve General Plan Amendment 2006-0017
(PLN 2006-1139) based on findings; and,
4. Draft Ordinance A to introduce an ordinance for first reading, by title
only, approving Zone Change 2006-0125 (PLN 2006-1139) based on
findings. [Community Development]
is
Community Development Director Warren Frace gave the staff report and with City
Attorney Patrick Enright, answered questions of Council.
There was Council consensus to remove "significant drainage courses" from the
proposed ordinance.
Mayor Luna recessed the hearing at 8:40 p.m.
Mayor Luna called the meeting back to order at 8:59 p.m.
Mayor Luna read a section from the Municipal Code that provides for spokespersons for
groups or persons and stated that those people would speak first.
PUBLIC COMMENT
DJ Funk, speaking for the Upper Salinas Las Tablas Resource Conservation District,
gave a PowerPoint presentation on the importance of buffers for riparian areas and
creeks.
Joanne Main, speaking for the Atascadero Chamber of Commerce, expressed support
for the 20 foot setback as set forth in the General Plan, had a problem with the
"significant drainage course" language, encouraged more monitoring to bring people
is
into compliance, and was against adding additional costs for the homeowner in the form
of biologist reports, etc.
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Shirley Moore, representing several homeowners, explained her situation along the
Salinas River and distributed a handout to the Council. (Exhibit A) She hoped that trails
would still be allowed and stated her support for a 20 foot setback.
John Heatherington, representing the Atascadero Homeowners Association, spoke in
favor of the Creek Setback Ordinance and stated that as proposed it does not go far
enough. He expressed concern with the loss of riparian habitat and asked that the
provision for traditional use permits and all exemptions be removed.
Mark Gibbs, representing Government Affairs, agreed with removing "significant
drainage area" and stated the Council should not pursue blue line creeks or
jurisdictional wetlands as these were not part of the original lawsuit. He spoke in favor
of the 20 foot setback in the General Plan stating anything greater would devalue
property.
Cal Wilvert, representing ECOSLO, urged the Council to adopt the proposed
amendments but with some modifications including eliminating the provision for a minor
CUP and utilizing a variance for exceptions to the ordinance. Mr. Wilvert gave
examples of improvements that could potentially degrade the riparian ecosystem.
Tom Jordan, representing the Atascadero BMX Association, explained that they have
• been trying to create a BMX park on Water Company property for two years, and if this
ordinance is passed this project will be gone because it is within 35 feet of a
watercourse.
Judy Ransom stated she owns property close to Atascadero Lake and spoke in favor of
creek setbacks.
John Shadak spoke about the significant impacts to property that will be created by this
ordinance. He stated there was too much government and not enough personal control,
and that the Council doesn't have the right to do something that the public does not
want.
Lee Perkins spoke in support of the setbacks as outlined in the proposed ordinance and
spoke about misstatements made by the realtors' in the recent ad they took out
opposing setbacks.
Marge Mackay explained she wanted to keep the original 50 foot setbacks along the
creeks, and gave a historic perspective on past events that affected the creeks.
Don Blaze stated that Atascadero Creek and Salinas River are the only impaired
waterways listed but are in reality not threatened. He submitted a report to the Council
regarding the water quality of these two waterways (Exhibit B), and spoke against the
proposed setbacks.
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• Livia Kellerman asked the Council to approve the ordinance and gave examples of why
it is needed. She urged sensitivity to those who have already lost land to erosion.
Jim Scrivner stated he was for a setback with some modifications; as written the
ordinance would significantly affect the use of his property, and he believes 20 feet is
sufficient.
Steve Schroeder asked the Council to deny the ordinance as written. He expressed
concern with the buffer width, and urged a measurement from the center of the common
high water mark be utilized.
Joanne Peters stated that her job as a realtor was to disclose to buyers and sellers and
give them the information they need. She expressed concern regarding loss of her own
property where a blue line creek runs through the center, and urged the Council to give
more thought to this issue and not approve the ordinance tonight.
Robin Correll commented that setbacks cannot be addressed without a creek
preservation and maintenance program. He asked if the city has looked at all the areas
in the city that will be affected by this ordinance.
John Gallaher asked how many homes are affected, how many miles and acres of
property are involved, and stated the Council should have an answer to those questions
. and others before voting on this issue.
Mike Jackson gave a PowerPoint presentation on his concerns, stated that 20 feet is
sufficient, and expressed concern with how this will be implemented. He spoke about
conflicts within the Council and Planning Commission with ALPS and ANTA.
Chuck Cooper, President Atascadero Association of Realtors, stated they are opposed
to this ordinance, and that this is a property rights issue. He stated the inclusion of trails
was frightening and asked if the Council wanted to see creek trails go in along privately
owned property.
John Goers stated he was torn on this issue, but feels an ordinance is needed, as there
is much growth in Atascadero and the waterways will be impacted. He commented on
the importance of a long term view of the community as a whole rather than on that of
an individual.
Steve Tillman spoke in support of the 35 foot setback and indicated that if an exclusion
is needed it can be brought before the Planning Commission. He stated he was
disclosed when he bought his property that there would be limitations because of a blue
line creek.
Mayor Luna recessed the hearing at 10:28 p.m.
•Mayor Luna called the meeting back to order at 10:38 p.m.
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Rick Johansson spoke about the Planning Commission meeting where almost everyone
who spoke during Public Comment was against the ordinance. He could not then
understand why the Commission did not vote as the people wanted, and he hoped the
Council would support a 20 foot setback as that is what the majority want.
Eric Greening stated he would be satisfied with 35 feet, but that some agencies would
not be satisfied with 20 feet. He spoke about the city being in compliance with federal
laws, acknowledging the Regional Quality Control Board's recommendations, that this is
about protection of people's property, and of not building in saturated alluvium.
Marty Brown read from a prepared statement in support of the creek setbacks. (Exhibit
C)
Lindy Althouse stated she was an environmental biologist and had assisted with
planning in the Atascadero area. She commended the city on their efforts to protect
and preserve water, wetlands and wildlife, and answered questions of Council.
MOTION: By Council Member O'Malley and seconded by Council
Member Beraud to go past 11:00 p.m.
Motion passed 5:0 by a roll -call vote.
Geraldine Brasher Femister stated she supports a least a 35 foot setback. She spoke
about flooding, as she lives on Graves Creek, and cited incidents that have affected her.
Brad Tont indicated he supports creek preservation and restoration but is against the 35
foot setback, as it is an arbitrary number which would have negative affects on many
property owners.
Mark Phillips read a letter from Kate Montgomery into the record in support of the 35 -
foot creek setback. (Exhibit D) Speaking for himself, he stated the need for an
ordinance and a default position on what the city would allow for development. He
believed in being more protective rather than less, and was concerned with some of the
exceptions allowed.
Tim McCutcheon encouraged the Council to be open to new ideas and felt this was an
overreaching step to limit the rights of property owners in the city. He was concerned
that there was no provision to clear growth and open waterways and urged the Council
to go on a case by case basis.
Sorrel Marks spoke in support of creek setbacks as an inexpensive way to protect water
quality and the creek habitat itself. She stated that property rights do not include doing
something on your property if it will negatively impact another's property.
Devon Sanders, representing his grandmother, expressed concern that the setback
would cause loss of the wildlife on their property, and would take property from them.
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He was also concerned that allowing trails would bring people who might start fires and
create pollution with their garbage, etc.
David Broadwater commented that he wished there had been a more clear description
of the problem addressed by this ordinance, and criticized the ad taken out by the
Atascadero Board of Realtors, citing the false statements in it. He believes down
stream property owners will be protected by this ordinance.
Russ Wright spoke about his efforts to preserve the creek on his property, and stated
his belief that the Council sitting in 2002 was blackmailed into submission by ECOSLO.
He said the settlement involved creeks not blue lines or drainage ways, and was
concerned that the city is developing something they were not asked to do.
Dorothy Bench stated the creeks must be preserved and protected, but that this solution
was divisive and unreasonable. She encouraged mapping the creeks for solid evidence
and verifiable facts that the setbacks are needed.
Warren Miller questioned if water quality would be an issue if livestock are allowed
within the setback, and stated this ordinance would be a taking by placing restrictions
on property without compensating the owner.
Jolene Horn expressed concern regarding the cost to the homeowner of the studies and
• CUP fees which would be required with this ordinance. She believes this ordinance has
nothing to do with protecting creeks because the city is not making an effort to clean up
creeks and improve water flow.
Natalie Schafer asked the Council to support the ordinance and believes it does not go
far enough. She disagreed that this ordinance will lower property values, and stated
she does not support trails on private land.
Steve LaSalle indicated that the 35 foot setback is a lessening from the original 50 feet
even though there has been more development. He stated the community had lost
something by not having a 35 foot setback when the lawsuit was initiated.
County Supervisor Jim Patterson, speaking as the former water conservation manager
for the Atascadero Mutual Water Company, explained that the river and creeks that run
through Atascadero are the source of the city's water supply. He stated the hydrology
of the creeks and river is changing dramatically because of the way the land is being
developed, and until the city can get a handle on developing sensitively along creeks
this is a step in the right direction.
Andrew DeVillars stated he was against the ordinance as it would greatly affect his
property. He read from the US Constitution and from an original deed of conveyance
idated 1915 and signed by E.G. Lewis that established 10 and 25 foot setbacks.
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Jeff Van den Eikhof explained he was not opposed to a setback, but suggested a few
changes including removal of "significant drainage courses", use of the term hydro -
morphologist, which is a term he and others had not heard before, and basing the
setbacks on the ordinary high water mark rather than the creek reservation line.
Nick Miller spoke about what he does to maintain his property along Graves Creek, and
that he sees no reason for this proposal as existing laws are in place to protect the plant
and animal life. He urged using the high water mark not the creek reservation for the
setbacks.
Gary Kirkland believes this is a threat to people's property rights and those who want
setbacks should raise the funds and buy the property. He stated it was not possible to
save an environment and preserve biodiversity.
Dixie Ridge said she lives along Graves Creek and was in favor of using the high water
mark for the setbacks. She stated a 35 foot setback would create onerous costs to her
and that creek dwellers should not be penalized for those who impact the creeks.
Madonna Baron explained that her property value has gone down because of impacts
from the Woodlands development, and if there is a 50 foot setbacks most of her
property would be gone. She expressed concern regarding trails, and what would be
allowed within the setbacks once the Council changes.
• V.A. Richardson asked the Council to vote no on this as 40% of the people in the city
would be less wealthy if this ordinance passes. He believes the city has no jurisdiction
to pass restrictions for clean water, as all water belongs to the state.
Pam Heatherington stated that anything fluid in a creek, stream, river or ocean belongs
to the public trust, and it is not just individual property owners the Council must protect,
but everyone's interest in the creek. She was not in favor of the exceptions and asked
whose liability it would be if an exemption creates a problem in the creek.
Margie George stated she opposes the ordinance, as she lives on the Salinas River and
this would be a substantial taking.
MOTION: By Council Member Clay and seconded by Council Member
O'Malley to allow the public to comment for a second time.
Motion failed 2:3 by a roll -call vote.
Mayor Luna closed the Public Comment period.
Mayor Luna recessed the meeting at 12:28 p.m.
Mayor Luna called the meeting back to order at 12:35 p.m.
• City Attorney Patrick Enright addressed the issue of a regulatory taking.
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• Mayor Luna and staff addressed issues raised duringthe Public Comment period.
MOTION: By Council Member Clay and seconded by Council Member
O'Malley to take out Jurisdictional Wetlands and Significant
Drainage Courses from the ordinance.
Motion passed 5:0 by a roll -call vote.
Summary of Council Comments:
Council Member Clay stated it was unfortunate that trails were put in the exceptions.
He stated that mining in the Salinas River has caused most of the problems, and the
same setback should be required for the river as for the creek. He believes non-native
vegetation in creeks is a problem, and that setbacks won't eliminate bank erosion.
Regarding variances, he believes that with the current make up of the Planning
Commission, there won't be any exceptions allowed. He stated a 20 foot setback is
acceptable, but anything larger will cause a lot of problems, and that no lot should be
deemed unbuildable.
Council Member Beraud was glad to hear there was support for further steps to improve
the riparian habitat, to clean up storm water that goes into the creeks, and for
community participation in creek restoration. Regarding going property by property to
• evaluate suitable setbacks, she believes that the cost of that would have to be borne by
each property owner and that could be onerous. She stated staff did their job in
presenting a report which fulfilled the Council's obligation to outline all elements of the
General Plan and that 35 feet is the proper amount and not an arbitrary number. She
also believes this proposal is protection from future development and the actions of
neighboring property owners. The city is being proactive in maintaining its water quality
and this is allowing Atascadero to set up their own guidelines rather than having others
come in and impose stricter guidelines.
Council Member O'Malley took responsibility for supporting the. 35 foot interim setback
in response to the lawsuit. He supports the city doing a study of the creeks; there are a
small number of areas that are a problem and may need additional setback, however in
most cases the creek reservation takes care of the issue. He did not believe it was a
good idea to do setbacks lot by lot, but rather to look at the larger picture. He spoke of
his support for the creek restoration project outside of city hall, and stated more
attention is needed for roads and drainage. Council Member O'Malley stated there are
a lot of laws in existence at higher levels of authority that take responsibility and protect
the community and environment, this additional level would add another cost to the city.
He believes the city must find something balanced and fair that would hold up through
many different Councils and Commissions. He indicated he supports the General Plan
which includes a 20 foot setback, and can support an ordinance that is in compliance
with the General Plan, but still believes a formal study is needed.
•
CC Minutes 05/08/07
Page 11 of 16
Approved June 26, 2007
is Mayor Luna gave a history of the creek setback issue in Atascadero. He stated he also
supports the General Plan regarding the setbacks, but the question is whether it is 20 or
35 feet.
Mayor Pro Tem Brennier believes that much of the resistance to this ordinance has to
do with the speculative nature of real estate, but he sees this as a matter of common
sense. He has seen the catastrophic nature of flooding and the results to buildings that
are too close to the creek, and sees the ordinance as proactive and that is what the
community needs. Mayor Pro Tem Brennler believes this ordinance will protect people
and property during episodes of flooding, provide protection of riparian habitat and
some protection to the quality of the water, and is a matter of city government keeping
its word. He spoke about the exemptions as providing flexibility to accommodate the
citizens, and that this will make the town a better place for the next generation. He
believes a 35 foot setback from the creek reservation lines, 20 feet for blue line creeks
and 50 feet for the Salinas River is prudent and reasonable.
MOTION: By Mayor Luna and seconded by Mayor Pro Tem Brennler to
continue to support the language in the General Plan for blue
line creeks, which is a setback of 20 feet.
Motion passed 3:2 by a roll -call vote. (Clay, O'Malley opposed)
MOTION: By Mayor Luna and seconded by Council Member Beraud that the
0 Salinas River shall have a 50 foot setback.
Mayor Luna withdrew his motion.
MOTION: By Mayor Luna and seconded by Council Member O'Malley for
a 35 foot setback from the ordinary high water mark for the
Salinas River.
Motion passed 4:1 by a roll -call vote. (Beraud opposed)
MOTION: By Mayor Luna and seconded by Council Member Beraud for
Atascadero Creek, Graves Creek and Bolder Creek to have a
35 foot setback from the creek reservation line.
Motion passed 3:2 by a roll -call vote. (Clay, O'Malley opposed)
MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem
Brennier to accept staff recommendations for exceptions, but
dropping Item (6) and the language of Significant Drainage
Course.
Motion passed 5:0 by a roll -call vote.
MOTION: By Council Member Beraud and seconded by Mayor Luna to
adopt Draft Resolution B certifying Proposed Negative
. Declaration 2006-0039 prepared for General Plan Amendment
2006-0017 and Zone Change 2006-0125; and, Draft Resolution
CC Minutes 05/08/07
Page 12 of 16
•
•
CC Minutes 05/08/07
Page 13 of 16
C to approve General
the land use open sl
Atascadero General I
amended as follows:
Approved June 26, 2007
Plan Amendment 2006-0017 amending
ace and conservation element of the
Ian based on findings with the text
Policy 8.2: Establish and maintain setbacks and development
standards for creek side development.
1. Maintain a creek setback ordinance which establishes
building setbacks and development standards along the
banks of Atascadero Creek, Graves Creek, Boulder Creek,
blue line creeks and the Salinas River, to ensure the
uninterrupted natural flow of the streams and protection of
the riparian ecosystem with flexible standards for the
downtown area.
2. Atascadero Creek, Graves Creek, and Boulder Creek shall
have a 35 -foot setback. All other 7.5 min USGS quadrangle
blue line creeks shall have a 20 -foot setback. The Salinas
River shall have a 35 -foot setback. The setbacks shall be
subject to the following:
a) On Atascadero Creek, Graves Creek, and Boulder Creek
setbacks shall be measured from the edge of the creek
reservation.
b) All other blue line creeks, and the Salinas River shall
have setbacks measured from the ordinary high water
mark.
c) The Planning Commission may approve exceptions to
the creek setbacks in the form of a Minor Conditional
Use Permit with a biologist report, a report prepared by
a professional engineer or geologist qualified in
hydrogeomorphology, and an Archaeological Phase 1
study.
and, Draft Ordinance A amending the Atascadero Municipal
Code by approving Zone Change 2006-0125 to establish a
Creek Setback Ordinance based on findings with the text
amended as follows:
94.111 Blueline Creek Setbacks
(a) Definition: Blueline creek: A creek, stream or watercourse
indicated by a solid or broken blue line on a U.S. Geologic
Survey 7.5 minute series quadrangle map.
(b) Development setbacks for creekside development are as
follows:
Approved June 26, 2007
(1) Atascadero Creek, Graves Creek, and Boulder Creek.
is Thirty-five (35) foot setback measured from the edge of
the creek reservation;
(2) Where Atascadero Creek, Graves Creek, and Boulder
Creek channels are located outside of creek
reservations, a twenty (20) foot setback measured from
the ordinary high water mark shall be required;
(3) Blueline creeks. Twenty (20) foot setback measured
from ordinary high water marks;
(4) Salinas River. Thirty-five (35) foot setback measured
from the ordinary high water mark.
(c) Improvements permitted within setbacks:
(1) Bridges
(2) Engineered drainage outlet;
(3) Minor landscape features not requiring grading;
(4) Non-invasive landscaping installation;
(5) Raised decks;
(6) Repairs to existing structures and facilities;
(7) Trails;
(8) Transparent fencing which does not block water flow;
(9) Underground utilities that are permitted by the Army
Corps of Engineers, California Department of Fish and
Game, and/or Regional Water Quality Control Board;
(10) Water course monitoring or gauging facilities operated
by local, State, or Federal Agencies.
(d) Improvements not permitted within setbacks include, but
are not limited to:
(1) Detention basins;
(2) Grading (cut or fill);
(3) Over -excavation;
(4) Parking, driveways, other vehicular surfaces;
(5) Removal or disturbance of riparian vegetation, unless
permitted by the California Department of Fish and
Game;
(6) Retaining walls;
(7) Septic systems (see section 8-5.103 Table 4.3 for septic
setback requirements);
(8) Structures (except as listed in section (c) above).
(e) Exceptions.
(1) Structures that were legally permitted before the
effective date of this ordinance shall be permitted to
remain;
(2) The Planning Commission may approve exceptions to
creek setbacks for Atascadero Creek, Graves Creek,
Boulder Creek, blueline creeks and the Salinas River
with a minor Conditional Use Permit. A biologist report,
CC Minutes 05/08/07
Page 14 of 16
Approved June 26, 2007
a hydrogeomorphologist report, and an Archaeological
Phase 1 study shall be required.
(i) Requirements for biologist and
hydrogeomorphologist reports:
(A) Qualified biologist and professional geologist or
engineer who is qualified in
hydrogeomorphology;
(B) Topographical and vegetation survey of creek
channel with one (1) foot contour lines at one (1)
to twenty (20) foot scale from bank to bank to
include one hundred (100) feet up and down
steam from property lines. Survey shall identify
thirty five (35) foot setbacks;
(C) Engineered grading and drainage plan of the
entire site which includes the creek survey shall
be provided;
(D) Written analysis of the project impacts with an
assessment of the potential impacts to the creek
flow, bank stability, riparian vegetation and
habitat, water quality, and any structures resulting
from the reduced setback shall be provided;
(E) Mitigation measures.
. (ii) Required findings for Planning Commission
approval;
(A) Creek channel and storm water flows will not be
significantly impacted;
(B) Habitat and riparian vegetation will not be
significantly impacted;
(C) Native trees and canopies will not be significantly
impacted;
(D) Water quality will not be significantly impacted;
(E) Bank stability will not be significantly impacted;
(F) Proposed improvements will not be subject to
damage caused by creek bank migration;
(G) Archeological resources will not be significantly
impacted.
(3) Structures shall be allowed to be rebuilt in the location
originally permitted, even if the structure is 100% destroyed
and located within a creek setback area. The area of
disturbance within the setback shall not be increased.
(4) Additions to non -conforming structures shall be allowed,
provided that the addition is located outside the creek
• setback. Additions proposed within the creek setback area
shall be required to obtain a Minor Conditional Use Permit
along with biologist, hydrogeomorphologist, and
CC Minutes 05/08/07
Page 15 of 16
Approved June 26, 2007
. Geological Phase 1 reports.
(5) Shallow lots that are less than 125 -feet in depth may reduce
the front setback to 15 -feet and the rear creek setback to
20 -feet.
Motion passed 3:2 by a roll -call vote. (Clay, O'Malley opposed)
(Item #B-1.2 Resolution No. 2007-021, Item #B-1.3 Resolution
No. 2007-022)
MOTION: By Council Member O'Malley and seconded by Mayor Luna to
adjourn the meeting.
Motion passed 4:1 by a roll -call vote. (Beraud opposed)
C. THESE ITEMS WERE CONTINUED:
MANAGEMENT REPORTS:
1. Campaign Contribution Limitations
■ Fiscal Impact: None.
• Recommendation: Council provide direction to City Staff regarding the
Draft Ordinance adopting campaign contribution limitations. [City Attorney]
• 2. Work Plan for City Council Strategic Planning Goals
■ Fiscal Impact: None.
• Recommendations: Council provide direction on the work plan for the City
Council strategic planning goals. [City Manager]
F. ADJOURNMENT:
Mayor Luna adjourned the meeting at 1:45 a.m. to the next regularly scheduled meeting
of the City Council on June 12, 2007.
MINUTES PREPARED BY:
Grace Pucci, Deputy City Cie
The following exhibits are available for review in the City Clerk's office:
Exhibit A — Shirley Moore, letter and map
Exhibit B — Don Blaze, handout on water quality
. Exhibit C — Marty Brown, letter
Exhibit D — Mark Phillips, letter from Kate Montgomery
CC Minutes 05108107
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