HomeMy WebLinkAboutAgenda Packet 091107 F�NOTICE OF A SPECIAL MEETING
ATASCADERO CITY COUNCIL
City Council Town Hall Meeti-,+g
Downtown Streetscape, Phase II
AGENDA
Tuesday, September 11, 20075 5:00 p.m.
City Hall Council Chambers
6907 EI Camino Real, Atascadero, California
ROLL CALL: Mayor Luna
Mayor Pro Tem Brennler
Council Member Beraud
Council Member Clay
Council Member O'Malley
DOWNTOWN STREETSCAPE PHASE II:
■ Description: Request for input and approval of projects developed in response to the
ongoing public input process.
■ Fiscal Impact: Funding for the Streetscape project is allocated from Redevelopment
Agency funds, Wayfinding funding, Transit and PG&E street light replacement funds.
The City General Fund will not be impacted by this project. The amount of funding to
design and construct all the projects exceeds the funding allocated to the projects per
the two tables below. Staff will develop more precise cost estimates, based on actual
design documents, after the City Council accepts the proposed projects and design
elements. We will then bring a report to council on the final design and costs. Based
on this information Council can decide which projects to build.
■ Recommendation: Council approve Streetscape, Phase II projects and elements,
and direct staff to start the design process. [Public Works]
ADJOURNMENT: The City Council will adjourn to their next regularly scheduled
meeting.
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO )
CITY OF ATASCADERO )
VICTORIA RANDALL, being fully sworn, deposes, and says: That she is the duly appointed Deputy City
Clerk of the City of Atascadero and that on Wednesday,September 5,2007, she caused the above Notice
to be posted on the doors of City Hall,6907 EI Camino Real, Atascadero,California.
uu�-�- 4n�a
VICTORIA RANDALL,Deputy City Cle k
1
DATE: 09/11/07
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Atascadero City Council
Staff Report - Public Works Department
Downtown Streetscape, Phase 11
(Request for input and approval of projects developed
in response to the ongoing public input process)
RECOMMENDATION:
Council approve Streetscape, Phase II projects and elements, and direct staff to start
the design process.
REPORT IN BRIEF:
The City Council has budgeted over $3.5 million over the next two years for the design
and construction of the Streetscape Phase II projects. These projects include
streetscape, street lighting and wayfinding. This is based on over 7 years of planning,
study and public input. Through a public input process, areas and elements for the
Streetscape Phase II projects have been identified and conceptual plans of the
improvements created.
Staff is requesting the City Council provide direction on the conceptual plans with input
from the public, Planning Commission, Parks and Recreation Commission, and Main
Street. Based on this direction, staff will finalize the design and bring the projects to
construction.
DISCUSSION:
Background: The City Council approved the Atascadero Downtown Revitalization Plan
on July 25, 2000. The purpose of The Downtown Revitalization Plan is to:
• Implement the City's General Plan and Redevelopment Plan with a detailed focus
on the Downtown Area;
• Develop a community consensus on an overall vision for the Downtown Area;
• Coordinate public and private investments in the area to realize the vision; and
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• Enhance the Downtown's character with public improvements constructed using
approved streetscape design elements.
The first implementation project in the Revitalization Plan was the Downtown
Streetscape Phase I on EI Camino Real from Traffic Way to West Mall. Streetscape
Improvements are designed and constructed to calm vehicle traffic, improve pedestrian
and bicycle access, enhance aesthetics and make Downtown Atascadero a desirable
place to visit. Elements of Atascadero Streetscape are medians, bulb outs, enhanced
sidewalks, decorative streetlights, benches, urns, trash cans, street trees and other
elements.
The City Council approved the specific design elements for Atascadero Streetscape on
September 24, 2002 (see Exhibit A) and Streetscape Phase I improvements were
completed in December 2004. These design elements were also used in the Sunken
Gardens and the Lewis Ave Bridge Projects.
The City Council endorsed the Implementation Strategy for the Atascadero Downtown
Revitalization Plan March 8, 2005. This Strategy provides for a phasing of
improvements and approved a Downtown Revitalization Plan Vision that maps out
conceptual improvements in the Downtown (see Exhibit B). This Strategy listed
specific Goals and Priorities, which apply to Streetscape, Phase II as follows:
Goals
• Establish a safe, pedestrian friendly scale and character that distinguishes
Downtown Atascadero from other commercial areas in the City.
• Improve the Downtown circulation system for vehicles, bicycles and pedestrians.
• Improve the appearance of El Camino Real and reduce its impact as a
pedestrian barrier through traffic calming measures.
Priority
• Install street lighting improvements to improve pedestrian safety and security.
• Install streetscape improvements to improve pedestrian safety and provide traffic
calming.
The City Council approved the Wayfinding Program on February 27, 2007. This
program will help visitors to identify the Downtown and where specific areas are. The
Program features Entry Arches, Community Entry Markers, Interchange Monuments
and Pedestrian Wayfinding Signs (see Exhibit C).
With these goals and priorities in mind, the City Council budgeted over $3.5 million for
Downtown Streetscape Phase II, street lighting and wayfinding improvements in the
2007-2009 Budget. The Council directed staff on a public input process for determining
Downtown Streetscape Phase II project areas and elements. The process consisting of
a kick-off meeting with Main Street, a Downtown walking tour, follow up meetings with
Main Street to review specific improvements and elements and finally a Town Hall
Meeting, where the City Council will select the improvements and elements of
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Downtown Streetscape Phase II. The Town Hall Meeting was well advertised and
members of the Planning Commission, Parks and Recreation Commission, Main Street,
Chamber of Commerce, and attendees of the other meetings were invited directly.
When the Town Hall process is completed Staff will begin producing the plans,
specification and engineer's estimates for the selected projects. Staff will bring a report
to Council on the final designs and construction cost estimates after it is completed.
Based on this information Council can decide which projects to build.
Analysis: The kick-off meeting with Main Street was a brainstorming session looking at
"what if" ideas for the Downtown. Main Street identified areas and projects that the
members believed would be appropriate and desirable for the Downtown area. The
Downtown walking tour visited all the sites identified in the Main Street kick-off meeting
and was well attended. The goal of the walking tour was to further refine the identified
areas so conceptual designs could be generated. After the tour, the group moved to
the Carlton to capture input on elements in the Project areas (see Exhibit D). The
conceptual designs were presented to Main Street for further input and consensus.
The projects presented below are a result of many hours of successful collaboration
between the public, Main Street and staff.
El Camino Real Gateway Enhancements @ Rosario Ave:
The Gateway Enhancements gained popular consensus among all participants during
our outreach. Participants and staff believed it was important to improve the downtown
gateway areas in order to visually convey that you are entering the downtown core. In
addition, the improvements will help calm traffic in this area.
The Rosario Gateway Enhancements are shown on Exhibit E and consists of:
1. New bulbouts to calm traffic on southbound and northbound EI Camino Real.
This is the first potential location for a Downtown EI Camino Real Entry Arch per
the Wayfinding Program (see Entry Arch, Exhibit L). The City has only enough
funding for one Entry Arch in this budget.
2. New trees and plants along the freeway and Police Department wall. All new
plantings will be drought, heat and cold tolerant to the extent practical. The
plantings along the top of the Police Department wall will cover the fence and
wall, softening it and attenuating sound and heat.
3. New planted medians with pavers to soften EI Camino Real and calm traffic.
4. A brick, paver or stamped concrete paved area prior to the entry feature. This
will create a visual feature that you will both feel and hear in a vehicle. This will
create a sense that you are entering Downtown.
5. New bus shelter area on north and southbound sides of EI Camino Real.
Replace or remove existing Cobra style street lights and install new light at bus
shelter.
V
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El Camino Real Pedestrian Access Enhancements @ Virginia Plaza:
The EI Camino Real pedestrian access enhancements will be installed at the location of
the existing crosswalk and are shown on Exhibit F and consist of:
1 . New bulbouts will be installed with ADA accessible ramps to shorten the path of
travel for pedestrians crossing El Camino Real and providing traffic calming by
narrowing of the travel way. The bulbouts will be installed in the parking area
and bicycles will be provided a class III bike route.
El Camino Real Enhancements @ Traffic Way:
The El Camino Real and Traffic Way improvements are shown on Exhibit G and
consist of:
1 . New landscaped median with pavers.
Ei Camino Real Enhancements (Rosario Ave to Traffic Way):
The EI Camino Real Enhancements along this section consist of:
1 . New and replacement Reywood Ash street trees will be installed. The new street
trees will have irrigation and watering systems to provide healthy trees that do
not lift up the sidewalk.
2. New street light installed on the west side of EI Camino Real.
3. Elements from the Wayfinding Program, including: pedestrian signs, entry arch
and vehicle information signs will be included where appropriate.
4. Striped class III bike route.
5. Repave EI Camino Real from Rosario to Traffic Way.
Traffic Way @ Palma Ave Enhancements:
The Traffic Way @ Palma Ava enhancements are shown on Exhibit H and consist of:
1 . New sidewalk from Palma Ave. north along the buildings to the end of new
bulbout. This sidewalk is old and cracked and its height above the curb is
greater than the current standard 6" design. This will also allow drainage
improvements to remove puddling and paving improvements to obtain a better
road cross slope.
2. Install new ADA sidewalk ramps on Palma Ave. north to enhance pedestrian
access.
3. Install new street trees and replace existing mismatched trees with Ornamental
Evergreen Pears. Install a new deep watering system to all trees for irrigation
purposes.
4. Install new bulbouts at Palma Ave. south on both side of Traffic Way to enhance
pedestrian crossing and induce traffic calming by means of lane narrowing. The
existing bike lanes will be retained. The bulbout on the north side of Traffic way
will expand the sidewalk area and will create new opportunities for sidewalk
seating. In addition, the bulbout is designed to have new street trees, lights,
furniture and bike racks which should greatly enhance use and accessibility.
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5. Install a new planted median with a pedestrian refuge area on Traffic Way at
Palma Ave south. The median will prohibit lefts in and out of Palma Ave. This
vehicle turning movement is low volume with poor sight distance and conflicts
with the crosswalk on Traffic Way. Lewis Ave will be available for any vehicle
that wants to go to or from Palma Ave., Entrada Ave. or Traffic Way with a left
hand turn.
6. Elements from the Wayfinding Program will be included where appropriate,
including pedestrian and vehicle information signs.
Entrada Ave Enhancements:
The Entrada Avenue improvements will consist of:
1. Replace existing Cobra Lighting with the downtown standard light.
2. Install new trees on south side of Entrada Ave. to provide shade for pedestrians.
3. Install new bike rack on south side of Entrada Ave. to encourage bicycling
downtown.
4. Elements of the Wayfinding Program will be included such as pedestrian
signage.
5. Change Entrada Ave, between Palma Ave and Lewis Ave, from one-way to two-
way traffic and install a 4-way stop at Palma Ave. and Entrada Ave. This will
provide better access to businesses on Entrada Ave. between Palma Ave and
Lewis Ave.
Sunken Gardens Enhancements along East Mall:
The vendors at the Wednesday afternoon Farmers Market set their tables and pop ups
on the sidewalk. This does not leave enough room on the sidewalk for shopper's to
walk and stand on. The Sunken Gardens Sidewalk improvements are shown on Exhibit
and consist of:
1. Sidewalk widening with pavers to provide additional pedestrian walking area
during farmers market.
Pedestrian Tunnel:
The Pedestrian Tunnel under US 101 provides a major access to Downtown
Atascadero from churches, Atascadero High School, residential areas and parking. The
Tunnel is poorly lit and uninviting. The conceptual Pedestrian Tunnel improvements are
shown on Exhibit J. The final design will be based on this concept and address
constraints presented by slope, drainage, utilities, and Caltrans. The project will consist
of:
1. Entrance improvements at both ends of the Tunnel using ornate stucco walls
and tiles and scored colored concrete walking surface. These improvements
would:
✓ Beautify the entrance
✓ Make the tunnel more inviting to use
✓ Provide ADA access
✓ Allow more natural light into the tunnel
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2. New lighting on the inside of the tunnel
El Camino Real Enhancements (Atascadero Creek Bridge to Morro Road):
The community goals for this section of EI Camino Real are traffic calming, pedestrian
access, beautify and softer the roadway and accent the bridge railing with historic
elements.
The EI Camino Real Enhancements (Atascadero Creek Bridge to Morro Road) are
shown on Exhibit K and consist of:
1. Installation of two planted medians from the Atascadero Creek Bridge to Morro
Road with turn pockets servicing driveways. The Colony Square Project will
combine the Denny's and Mid State Bank driveways into one driveway that will
line up with the project driveway and the median opening (see Exhibit K).
2. Crosswalk Installation at the Colony Square Driveway. The Colony Square
Project will install bulbouts on both sides of EI Camino Real at the crosswalk.
This will provide traffic calming, better visibility of and for the pedestrian, and a
shorter distance across El Camino Real. A refuge area for pedestrians will be
provided in the median. This is the second potential location for a Downtown EI
Camino Real Entry Arch per the Wayfinding Program (see Exhibit M). The arch
would be placed near the cross walk and lights in the Arch would light up the
crosswalk. The City has only enough funding for one Entry Arch in this budget.
3. Install bridge railing enhancements that are similar to the original 'bridge railing
(see Exhibits N.) This will incorporate lights mounted on the railing (see Exhibit
O.)
4. New medians on the bridge at Atascadero Creek (see Exhibit P). The Median
across the bridge will have raised design elements since the bridge structure
cannot be planted.
S. New street trees are proposed, with watering system, along EI Camino Real from
Denny's to Morro Road.
6. New street furniture and garbage cans will be located at strategic locations.
7. New Street Lights to replace existing cobra lights and to match the downtown
light standard.
8. New Wayfinding Signage will be located at strategic locations to assist visitors
and citizens to find local places.
9. Repave EI Camino Real from East Mall to Morro Road.
El Camino Real Entry Arch:
The current 2007-2009 budget includes funding for wayfinding improvements, including
funding for an EI Camino Real Entry Arch. A graphic detail of the entry arch is included
as Exhibit L. Staff has proposed two locations for the entry arch to span EI Camino
Real; the first location is at the Colony Square driveway and the second location is at
the south corner Rosaria Ave. Staff has evaluated each location and recommends that
the Arch be installed across EI Camino Real at the Frontage of Colony Square and
Denny's Restaurant.
The Colony Square location provides a number of advantages over the Rosario location
including, visibility from a distance up and down EI Camino Real, the ability to light the
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proposed cross walk from Denny's to Colony Square, ample space for installation and
proximity to the original entry Arch. In anticipation of sign installation, the Colony
Square developer has agreed to install bulbouts on the Midstate Bank and Denny's
driveways. Bike lanes will not be impacted because of bulbouts installation.
The cost of the EI Camino Real Entry Arch improvements are estimated to be:
$250,000 to 300,000. The budget for all wayfinding improvements is $550,000.
Downtown Bus Stop Design Standard:
Staff enlisted the design services of Pierre Rademaker to develop a new downtown
standard bus stop. The Bus Stop has been reviewed and approved by staff and the
Main Street prior to presentation to the City Council. The final design contained in
Exhibit Q is a direct result of the public input we received. Staff desires to gain
approval for the proposed bus stop so it can be incorporated into the projects proposed
and future projects.
City Standard Trash Container:
Staff is recommending changing the City downtown standard trash container from the
current standard 18-gal trash can to a 48-gallon can. Both trash containers are shown
in Exhibit R. The new trash can offers several advantage including sturdiness, an all-
weather coating and a larger capacity which will reduce the number of times that the
trash cans will need to be emptied per week.
Conclusion: Staff desires to receive Council's direction on the following items:
• Streetscape Phase II Areas and Elements. Provide staff with direction on the
proposed conceptual design areas and elements. Based on this input staff will
move forward with construction design and cost estimates. When the design is
complete, staff will present them to Council and look for direction on what to
construct based on cost and need.
• EI Camino Real Entry Arch (Arch.) Where should it be installed? Currently, there
is only enough money for one Arch. Staff recommends that the Arch be placed
on the proposed bulbouts at Colony Square and Denny's. When future funding
is available, staff recommends that the second arch be installed on EI Camino
Real at Rosario Ave.
• Downtown Bus Stop Design Standard. Approve standard.
• City Standard Trash Container. Approve standard.
The construction of the approved projects will begin this fall with the placement of
streetlight and conclude in the summer of 2008.
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FISCAL IMPACT:
Funding for the Streetscape project is allocated from Redevelopment Agency funds,
Wayfinding funding, Transit and PG&E street light replacement funds. The City
General Fund will not be impacted by this project. The amount of funding to design and
construct all the projects exceeds the funding allocated to the projects per the two
tables below. Staff will develop more precise cost estimates, based on actual design
documents, after the City Council accepts the proposed projects and design elements.
We will then bring a report to council on the final design and costs. Based on this
information Council can decide which projects to build.
The following tables outline the estimated and funding mechanisms for the project:
TABLE 1
PROJECT ESTIMATED DESIGN AND CONSTRUTION COSTS
PROJECT EXPENDITURES
EI Camino Real, Rosario to Traffic Way $1,000,000
EI Camino Real, West Mall to Morro Road $750,000
Traffic Way, EI Camino Real to Palma Ave $175,000
Entrada Ave, EI Camino Real to Palma Ave $50,000
Pedestrian Tunnel $175,000
Sunken Gardens Improvements $75,000
Wayfinding $550,000
Street Lights $150,000
Construction Total $2,925,000
Design Services 8% of Construction $234,200
Construction Support 10% of Construction $292,500
Contingency 20% of Construction $585,000
TOTAL PROJECT EXPENDITURES $4,036,700
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TABLE 2
PROJECT FUNDING ALLOCATION
PROJECT FUNDING SOURCES
Downtown Streetsca e, Phase II $2,806,200
Wayfinding $613,600
Street Lighting $103,600
TOTAL PROJECT FUNDING SOURCES I $3,523,400.00
ATTACHMENTS:
Exhibit A — Approved Streetscape Design Elements
Exhibit B — Downtown Revitalization Plan Vision
Exhibit C — Wayfinding Sign Examples
Exhibit D — Walking Tour Results
Exhibit E — Gateway Enhancements @ EI Camino Real and Rosario
Exhibit F — EI Camino Real Pedestrian Enhancements @ Virginia Plaza
Exhibit G — EI Camino Real Enhancements @ Traffic Way
Exhibit H — Traffic Way @ Palma Enhancements
Exhibit I — Sunken Gardens Enhancements Along East Mall.
Exhibit J — Pedestrian Tunnel
Exhibit K — EI Camino Real Enhancements (Atascadero Creek Bridge to Morro
Bay)
Exhibit L — Entry Arch
Exhibit M — Bulbout Locations — Mid-State Bank/Denny's and Colony Square
Exhibit N — Original Bridge Railing
Exhibit O — Conceptual Bridge Railing
Exhibit P — Atascadero Creek Bridge Median
Exhibit Q — Conceptual Bus Stop Standard
Exhibit R — Proposed Trash Container
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1 1979 CITY OF A TA SCA DERO
CITY COUNCIL
AGENDA
Tuesday, September 11, 2007
Town Hall Meeting: 5:00 P.M.
Redevelopment Agency: 6:30 P.M.
City Council: 7:00 P.M.
City Hall
Council Chambers
6907 EI Camino Real, Atascadero, California
DOWNTOWN STREETSCAPE PHASE II: TOWN HALL MEETING: 5:00 P.M.
REDEVELOPMENT AGENCY: 6:30 P.M.
CLOSED SESSION:
(Immediately Following Redevelopment Agency Meeting)
1. PUBLIC COMMENT— CLOSED SESSION
2. CALL TO ORDER
a. CONFERENCE WITH LEGAL COUNSEL —
THREATENED LITIGATION
(Govt. Code Section 54956.9(b))
MLW Holdings & Kelly Gearhart v. City of Atascadero
3. ADJOURN
4. CLOSED SESSION REPORT
REGULAR SESSION: 7:00 P.M.
1
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Brennler
ROLL CALL: Mayor Luna
Mayor Pro Tem Brennler
Council Member Beraud
Council Member Clay
Council Member O'Malley
APPROVAL OF AGENDA: Roll Call
A. CONSENT CALENDAR: (All items on the consent calendar are considered to
be routine and non-controversial by City staff and will be approved by one motion
if no member of the Council or public wishes to comment or ask questions. If
comment or discussion is desired by anyone, the item will be removed from the
consent calendar and will be considered in the listed sequence with an
opportunity for any member of the public to address the Council concerning the
item before action is taken.)
1. Qualified Vendor List-Tree Trimming Services
■ Fiscal Impact: The cost of the tree trimming services is allocated in Public
Works Department budget.
■ Recommendation: Council authorize the City Manager to enter into
ongoing contracts for contract tree trimming services with companies on
the "Tree Trimming Services Qualified Vendor List." [Public Works]
2. Temporary Road Closure — Colony Days Parade Route
■ Fiscal Impact: Staff time required for traffic control and clean-up related to
this event
■ Recommendation: Council approve Draft Resolution creating a temporary
Colony Days Parade Route and establishing the following road closures
for the Parade and related events:
• EI Camino Real from Curbaril to Traffic Way, West Mall from ECR to
Lewis Ave., Entrada Ave. from ECR to Lewis Ave., San Luis Ave. from
Curbaril to Pueblo Ave., and Pueblo Ave. from San Luis Ave. to ECR
on Saturday October 20, 2007 from 8:30 a.m. until 1:00 p.m.;
• Palma Avenue from East Mall to West Mall from 6:00 a.m. Friday
October 19, 2007 to noon Monday October 22, 2007;
• East Mall from EI Camino Real to Lewis Ave. on Saturday October 20,
2007 from 6:00 a.m. to 10:00 p.m.
• Lewis Avenue from West Mall to the Bridge on Saturday October 20,
2007 from 6:00 a.m. to 10:00 p.m. [Public Works]
2
3. Police Vehicle Purchase
■ Fiscal Impact: The combined cost of both vehicles is $43,482.08, and is
included in the 2007-09 City budget.
■ Recommendation: Council authorize the purchase of two (2) police street
appearance vehicles from Lasher Dodge in Elk Grove, California. [Police]
4. Title 9 Planning and Zoning Text Amendment PLN 2007-1201 for ZCH
ZCH 2007-0136/ PLN 2007-0137, 5440 Traffic Way (Habitat for Humanity)
■ Description: Proposed project consists of a 4-unit attached residential
Planned Development.
■ Fiscal Impact: None.
■ Recommendations: Council:
1. Adopt on second reading by title only, Draft Ordinance A, adopting
Zone Change 2007-0136 establishing a Planned Development
Overlay-30 code text change, based on findings; and,
2. Adopt on second reading by title only, Draft Ordinance B, adopting
Zone Change 2007-0137 establishing a Zone Map Change at 5440
Traffic Way, based on findings. [Community Development]
5. Contract for Interim City Attorney Services
■ Fiscal Impact: It is expected that no budget adjustments will be needed to
handle the expense of this contract in the interim.
■ Recommendations: Council:
1. Ratify the contract entered into by the City Manager for attorney
services on an interim basis by Robert Schulz and Hanley &
Fleishman, LLP, for the period of time since the last City Council
meeting; and,
2. Authorize the City Manager to execute a written contract with Robert
Schulz and Hanley & Fleishman, LLP, for interim city attorney services.
[City Manager]
B. PUBLIC HEARINGS:
1. PLN-2099-1002, Zone Change/ Conditional Use Permit/Tentative Parcel
Map, Planned Development Overlay-16, 5190 Portola Road (Nolan)
■ Disclosure of Ex-Parte Communications
■ Description: Proposed project would allow a 2-lot residential planned
development.
■ Fiscal Impact: If approved, based on findings from the Taussig Study,
revenue from new residential development including property tax
revenues, vehicle licensing fees, sales taxes, and other revenues are
insufficient to cover the maintenance and emergency services costs of
new development. Based on the revenue projections from the Taussig
Study, the City has developed standard conditions of approval for new
development projects that require the cost of maintenance and emergency
services to be funded by the project through a combination of road
assessment districts, landscape and lighting districts and Community
Facilities Districts (Conditions CUP 12 / TPM 8). Due to the small size of
the project, staff is recommending that this condition be waived.
3
■ Recommendation: The Planning Commission on a 5-2 vote recommends
the City Council:
Adopt Draft Resolution A denying PLN 2099-1002, ZCH 2004-0091,
CUP 2004-0140 and TPM 2004-0057 (AT 03-0258) for being
inconsistent with the purpose and intent of the PD-16 Overlay Zone.
[Community Development]
C. MANAGEMENT REPORTS:
1. General Plan Master Plan of Development Overlay #12, Atascadero
Avenue Triangle Pocket Park— Protect Issues and Options
■ Fiscal Impact: Will depend on Council direction.
■ Recommendation: Council provide direction to staff on how to proceed
with Master Plan of Development Overlay #12. [Community Development]
2. Adoption of the Colony Park Community Center Policies and
Procedures and Fee Schedules
■ Fiscal Impact: Rental revenue is anticipated to be approximately
$10,000.00 annually.
■ Recommendation: Council review and adopt the Colony Park Community
Center fee schedules and the facility policies and procedures manual.
[Community Services]
3. Development Services Permit Streamlining Program — Update
Presentation
■ Fiscal Impact: None.
■ Recommendation: Council receive and file the report [Community
Development]
4. Annual Housing Report, Calendar Year 2006 (PLN 2006-1133)
■ Description: Notice to Council of filing of Annual Housing Report to
Department of Housing and Community Development to monitor
implementation of the City's General Plan Housing Element and progress
toward meeting the City's Regional Housing Needs Allocation (RHNA).
■ Fiscal Impact: None.
■ Recommendation: City Council receive and file the attached Annual
Housing Report. [Community Development]
COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to
address the Council on any matter not on this agenda and over which the Council has
jurisdiction. Speakers are limited to five minutes. Please state your name for the record
before making your presentation. The Council may take action to direct the staff to
place a matter of business on a future agenda. A maximum of 30 minutes will be
allowed for Community Forum, unless changed by the Council.)
4
COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council
Members may make a brief announcement or a brief report on their own activities.
Council Members may ask a question for clarification, make a referral to staff or take
action to have staff place a matter of business on a future agenda. The Council may
take action on items listed on the Agenda.)
D. COMMITTEE REPORTS: (The following represent standing committees.
Informative status reports will be given, as felt necessary):
Mayor Luna
1. County Mayor's Round Table
2. Finance Committee
3. S.L.O. County Flood Control & Water Conservation District Water Resources
Advisory Committee
4. Nacimiento Water Purveyors' Contract Technical Advisory Group
5. North County Water Purveyors Group
Mayor Pro Tem Brennler
1. Air Pollution Control District (APCD)
2. Economic Opportunity Commission (EOC)
3. Atascadero Youth Task Force
Council Member Beraud
1. Integrated Waste Management Authority (IWMA)
2. City/ Schools Committee
Council Member Clay
1. City/ Schools Committee
Council Member O'Malley
1. S.L.O. Council of Governments (SLOCOG)
2. S.L.O. Regional Transit Authority (SLORTA)
3. Finance Committee
4. Economic Vitality Corporation, Board of Directors (EVC)
5. League of California Cities — Council Liaison
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
2. City Clerk
3. City Treasurer
4. City Attorney
5. City Manager
F. ADJOURNMENT:
5
Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that
person may be limited to raising those issues addressed at the public hearing described in this notice, or in written
correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this
public hearing will be distributed to the Council and available for review in the City Clerk's office.
I, Victoria Randall, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury
that the foregoing agenda for the September 11, 2007 Regular Session of the Atascadero City
Council was posted on September 5, 2007 at the Atascadero City Hall, 6907 EI Camino Real,
Atascadero, CA 93422 and was available for public review in the Customer Service Center at that
location.
Signed this 5th day of September, 2007 at Atascadero, California.
Victoria Randall, Deputy City Clerk
City of Atascadero
6
City of Atascadero
WELCOME TO THE ATASCADERO CITY COUNCIL MEETING
�e City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m., at the City Hall
ouncil Chambers, 6907 EI Camino Real, Atascadero. Matters are considered by the Council in the order of the printed
Agenda.
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 and are available for public inspection during City Hall business hours at the Front Counter of
City Hall and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero
Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by
the City Council. The minutes of this meeting will reflect these numbers. All documents submitted by the public during
Council meetings that are either read into the record or referred to in their statement will be noted in the minutes and
available for review in the City Clerk's office. Council meetings are video taped and audio recorded, and may be reviewed
by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470-
3400).
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting
or other services offered by this City, please contact the City Manager's Office or the City Clerk's Office, both at (805)
470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in
assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code)
Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their
report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and
will request anyone interested to address the Council regarding the matter being considered to step up to the podium. If
you wish to speak for, against or comment in any way:
1. You must approach the podium and be recognized by the Mayor
2. Give your name and address (not required)
3. Make your statement
4. All comments should be made to the Mayor and Council
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other
individual, absent or present
6. All comments limited to 5 minutes (unless changed by the Council)
7. 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.
If you wish to use a computer presentation to support your comments, you must notify the City Clerk's office at least 24
hours prior to the meeting. Digital presentations brought to the meeting on a USB drive or CD is preferred. Access to
hook up your laptop to the City's projector can also be provided. You are required to submit to the City Clerk a printed
copy of your presentation for the record. Please check in with the City Clerk before the meeting begins to announce your
presence and turn in the printed copy.
The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be
heard by the Council
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the
Council to:
• Please approach the podium and be recognized
• Give your name and address (not required)
• State the nature of your business
This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be
allowed for Community Forum (unless changed by the Council).
7
ITEM NUMBER: A-1
DATE: 09/11/07
■ ee e ■
19118 19 8
Atascadero City Council
Staff Report - Public Works Department
Qualified Vendor List- Tree Trimming Services
RECOMMENDATION:
Council authorize the City Manager to enter into ongoing contracts for contract tree
trimming services with companies on the "Tree Trimming Services Qualified Vendor
List."
DISCUSSION:
The City uses tree trimming companies to do a variety of tree trimming and tree removal
projects when City staff can not complete the work. This work includes but is not limited
to removal of downed trees from the road during storm conditions, routine Right of Way
tree and brush trimming, safety pruning of trees on City property and other related tree
trimming and removal work. All tree trimming work is completed in compliance with the
City's Tree Ordinance.
Staff requests the ability to create a list of qualified companies that offer tree trimming
services. Contracting for tree trimming services, from an established list, is allowed in
Section V of the City Purchasing Policy as an ongoing professional service. This allows
the City to hire tree trimming companies for projects on an as needed basis.
In July of 2007, staff solicited proposals from qualified tree trimming companies for the
purpose of establishing a list to provide tree trimming services for the Public Works
Department on an as needed basis.
Proposals were received from six (6) qualified companies. The proposals were
reviewed for qualifications, previous experience, references and insurance
requirements. The six companies were all found qualified for inspection services and
8
staff is recommending that they all be placed on the "Tree Trimming Services Qualified
Vendor List."
FISCAL IMPACT:
The cost of the tree trimming services is allocated in Public Works Department budget.
ATTACHMENT:
Attachment "A" - Tree Trimming Services Qualified Vendor List
9 _ -
Attachment "A"
V#M.. CITY OF ATASCADERO
TREE TRIMMING SERVICES - QUALIFIED VENDOR LIST
SEPTEMBER 2007
Company
Arbor First- 805-441-3745
170 Terra Street
Morro Bay CA 934
Arbor Tree Surgery 805-391-3297
802 Paso Robles St.
Paso Robles CA 93446
A & T Arborist & Vegetation Mgt. 805-431-2581
P. O. Box 1311
Templeton CA 93465
Schimm's Tree Service 805-460-0743
7343 EI Camino Real # 192
Atascadero CA 93422
vow Scovell Tree Surgery 805-466-0252
8830 Rocky Canyon Rd.
Atascadero CA 93422
Whit's Turn Tree Care 805-462-9958
PO Box 3028
Atascadero 93423
Approved by the City Council 9/11/07
10
ITEM NUMBER: A-2
DATE: 9/11/07
Iola ie e
Atascadero City Council
Staff Report - Public Works Department
Temporary Road Closure
Colony Days Parade Route
RECOMMENDATION:
Council approve Draft Resolution creating a temporary Colony Days Parade Route
and establishing the following road closures for the Parade and related events:
• EI Camino Real from Curbaril to Traffic Way, West Mall from ECR to Lewis Ave.,
Entrada Ave. from ECR to Lewis Ave., San Luis Ave. from Curbaril to Pueblo
Ave., and Pueblo Ave. from San Luis Ave. to ECR on Saturday October 20, 2007
from 8:30 a.m. until 1:00 p.m.;
• Palma Avenue from East Mall to West Mall from 6:00 a.m. Friday October 19,
rr: 2007 to noon Monday October 22, 2007;
• East Mall from EI Camino Real to Lewis Ave. on Saturday October 20, 2007 from
6:00 a.m. to 10:00 p.m.
• Lewis Avenue from West Mall to the Bridge on Saturday October 20, 2007 from
6:00 a.m. to 10:00 P.M.
DISCUSSION:
On Saturday, October 20, 2007, staff is proposing to close EI Camino Real from
Curbaril to Traffic Way from 8:30 a.m. until 1:00 p.m. to conduct the annual Colony
Days Parade. Additional road closures listed above are required for parade staging and
events related to the Parade. The Colony Days Parade is coordinated by the Colony
Days Committee. The route for this year's Colony Days Parade is proposed to begin at
Curbaril and end at Traffic Way.
Festivities following the parade will be centered around the Sunken Gardens and "Tent
City" located on and around the Atascadero Creek Reservation. Palma Avenue and
East Mall will serve as a staging area for several events and vendor booths. East Mall
is proposed for closure on both Saturday and Sunday, as it is the connecting link
between the Sunken Gardens and Tent City.
12
FISCAL IMPACT:
Staff time required for traffic control and clean-up related to this event.
ATTACHMENT: Draft Resolution
13
DRAFT RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ATASCADERO, CALIFORNIA CREATING A
TEMPORARY COLONY DAYS PARADE ROUTE
BE IT RESOLVED by the City Council of the City of Atascadero that the Colony Days
Parade route is hereby established as El Camino Real from Curbaril to Entrada Avenue; San Luis
Avenue from Curbaril to Pueblo; Pueblo from San Luis Avenue to El Camino Real; El Camino
Real to Entrada Ave. and Entrada to Lewis Ave. and the Colony Day Festivities will be centered
around the Sunken Garden.
BE IT FURTHER RESOLVED
1. That in order to provide a reserved route for the parade and the area described above is
designated as a tow-away zone from the period of 8:30 a.m. until 1:00 p.m., October 20,
2007; and
2. That Palma from East Mall to West Mall from 6:00 a.m. Friday October 19, 2007 to noon
Monday October 22, 2007 is designated as a tow-away zone; and
3. That West Mall from El Camino Real to Palma on Saturday October 20, 2007 from 8:00
a.m. to 5:00 p.m. is designated as a tow-away zone; and
4. East Mall from El Camino Real to Palma on Saturday, October 21, 2007 at 6:00 a.m. to
Sunday October 22, 2007 at 5:00 p.m. is designated as a tow-away zone.
5. Lewis Avenue from West Mall to East Mall on Saturday October 21, 2007 at 6:00 a.m. to
Sunday October 22, 2007 at 5:00 p.m. is designated as a tow-away zone.
PASSED AND ADOPTED at the regular meeting of the City Council of the City of Atascadero
held on the 11`" of September, 2007.
ATTEST: CITY OF ATASCADERO
Marcia McClure Torgerson, C.M.C. Dr. George Luna, Mayor
City Clerk
APPROVED AS TO FORM:
Robert Schultz, Interim City Attorney
14
ITEM NUMBER: A-3
DATE: 9/11/07
=5 r ....e
i 191$'1 r r 1976
Atascadero City Council
Staff Report - Police Department
Police Vehicle Purchase
RECOMMENDATION:
Council authorize the purchase of two (2) police street appearance vehicles from Lasher
Dodge in Elk Grove, California.
DISCUSSION:
The City currently replaces high mileage police vehicles in accordance with an
established replacement plan. The Police Department is in need of replacing two (2)
street appearance vehicles. Replacement of vehicles is necessary to maintain a safe
and reliable fleet to keep repair costs at a reasonable level.
Lasher Dodge is offering Dodge Charger Police Interceptors under the State of
California Department of General Services Contract #1-08-23-14. The purchase of
these vehicles from Lasher Dodge is consistent with the City's Purchasing Policy.
FISCAL IMPACT:
The combined cost of both vehicles is $43,482.08 including sales tax, shipping fees,
mandatory tire fee, and $500 / unit discount for payment within (20) days of receipt of
invoice. Funds are provided in the 2007/2008 City budget.
ALTERNATIVES:
Defer purchase / replacement at this time. Not recommended due to increased on-
going maintenance costs.
16
ITEM NUMBER: A-4
DATE: 9/11/07
1918 ■ 1979
A tascadero City Council
Staff Report - Community Development Department
Title 9 Planning and Zoning Text Amendment
PLN 2007-1201 for
ZCH 2007-0136 / PLN 2007-0137
5440 Traffic Way
(Habitat for Humanity)
(Proposed project consists of a 4-unit attached residential Planned Development)
RECOMMENDATIONS:
Council:
1. Adopt on second reading by title only, Draft Ordinance A, adopting Zone Change
2007-0136 establishing a Planned Development Overlay-30 code text change,
based on findings; and,
2. Adopt on second reading by title only, Draft Ordinance B, adopting Zone Change
2007-0137 establishing a Zone Map Change at 5440 Traffic Way, based on
findings.
DISCUSSION:
On August 28, 2007, the City Council conducted a public hearing and introduced the
zone text change and the zone map change for first reading to establish a four-unit
Habitat for Humanity planned development project. On a 4-0 vote, City Council
approved the first reading.
Zone Text Change 2007-0136 establishes a new site-specific Planned Development
Overlay-30 text amendment. Zone Map Change 2007-0137 is an amendment to the
zoning map establishing a Planned Development Overlay Zone 30 on the subject site.
ATTACHMENTS:
Attachment 1: Draft Ordinance A
Attachment 2: Draft Ordinance B
18
ATTACHMENT 1: Draft Ordinance A
Approval of Proposed Zoning Text Change to establish a PD-30 Overlay Zone
DRAFT ORDINANCE A
AN ORDINANCE OF THE CITY COUNCIL
AMENDING THE ATASCADERO MUNICIPAL CODE BY APPROVING
ZONE CHANGE 2007-0136 TO ESTABLISH A
PLANNED DEVELOPMENT OVERLAY-30
5440 Traffic Way
(Habitat for Humanity)
WHEREAS, an application has been received from Habitat for Humanity for San Luis
Obispo County, P.O. Box 613, San Luis Obispo, CA 93406, (Applicants and Property Owners)
to consider a project consisting of a Zone Change from RMF-16 (Residential Multi-family-16) to
RMF-16/PD-30 (Residential Multi-Family-16 with a Planned Development Overlay-30) with
corresponding Master Plan of Development and Vesting Tentative Parcel Map located at 5440
Traffic Way, (APN 029-062-013); and,
WHEREAS, Article 28 of the Atascadero Municipal Code allows for the creation of
Planned Development Overlay-30 Zones to promote orderly and harmonious development and to
enhance the opportunity to best utilize special site characteristics; and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0007 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 laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA)have been adhered to; and,
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact this amendment to the Zoning Code Text to protect the health, safety, and welfare
of its citizens by applying orderly development and expanding housing opportunities within the
City; and,
19
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Text
wr Change application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said zoning text
amendments; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on July 17, 2007 studied and considered Zone Change 2007-0136, after first studying and
considering the Draft Mitigated Negative Declaration prepared for the project, and,
WHEREAS, the Planning Commission resolved to recommend the City Council
introduce, for first reading by title only, an ordinance that would amend the City Zoning code
text.
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on August 28, 2007 studied and considered Zone Change 2007-0136, after first studying
and considering the proposed Mitigated Negative Declaration prepared for the project; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Findings for Approval of a Zone Text Change Creating a PD-30
Planned Development Overlay District. The City Council finds as follows:
a. Modification of development standards or processing requirements is warranted to
promote orderly and harmonious development because the site contains easements which
can not be relocated and which impact the physical layout of the proposed development.
b. Modification of development standards or processing requirements will enhance the
opportunity to best utilize special characteristics of 5440 Traffic Way and will have a
beneficial effect on the area by allowing for affordable, small-lot home ownership within
a multi-family zoning district, while reducing impacts to a 65-inch diameter, native
Valley Oak tree.
c. Benefits derived from the overlay zone cannot be reasonably achieved through
existing development standards or processing requirements due to specific site constraints
consisting of a non-relocatable drainage easement and a 65-inch diameter, native Valley
Oak.
d. Establishment of the PD Overlay-30 on 5440 Traffic Way (APN 029-062-013) is
warranted because it will provide an opportunity to establish a very-low affordable
project within the City's Redevelopment Area.
20
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular
session assembled on August 28, 2007 resolved to introduce, for first reading by title only, an
ordinance that would amend the City Zoning code text with the following:
9-3.675 Establishment of Planned Development Overlay Zone 30
Planned Development Overlay-30 is established on APN 029-062-013 (5440 Traffic Way) in the
Residential Multi-family zoning district. The maximum residential density within the planned
development shall not exceed the density allowed by the underlying zoning district and provisions
of the Atascadero Municipal Code. The following development standards shall be met by the
entitled project within the PD Overlay-30:
a) All site development shall require the approval of a Master Plan of Development. All
construction and development shall conform to the approved Master Plan of Development,
as conditioned.
b) The Tentative Parcel Map and any subsequent amendments for the site shall be consistent
with an approved Master Plan of Development. All construction and development shall
conform to the approved Master Plan of Development, as conditioned.
c) No subsequent tentative parcel or tract map shall be approved unless found to be
consistent with the approved Master Plan of Development.
Appearance of each dwelling unit, site landscaping, site development, and amenities shall
be consistent with the Master Plan of Development, as conditioned. All landscaping shall
be consistent with the Master Plan of Development, as conditioned and shall be installed by
the developer and shall be maintained as approved.
d) All utilities, including electric, telephone, and cable, within the PD and along the project
frontages shall be installed underground and/or relocated underground.
e) Exterior walls or fencing shall be consistent throughout the project. Design and appearance
of fences and/or walls shall be compatible with the design of the dwelling units. Fence
posts shall be metal or pressure treated wood. Wood preservative/sealer shall be applied to
fence panels.
f) All mechanical equipment, including HVAC units and utility meters, shall be screened from
view from adjacent streets and properties.
SECTION 3. A summary of this ordinance, approved by the City Attorney, together
with the ayes and noes, shall be published twice: at least five days prior to its final passage in
the Atascadero News, a newspaper published and circulated in the City of Atascadero; and,
before the expiration of fifteen (15) days after its final passage in the Atascadero news, a
newspaper published and circulated in the City of Atascadero. A Copy of the full text of this
ordinance shall be on file in the City Clerk's office on and after the date following introduction
and passage and shall be available to any interested member of the public.
21
INTRODUCED at a regular meeting of the City Council held on August 28, 2007, and PASSED
*r and ADOPTED by the City Council of the City of Atascadero, State of California, on
by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ADOPTED:
CITY OF ATASCADERO, CA
Dr. George Luna, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Robert Schultz, Interim City Attorney
22
ATTACHMENT 2: Draft Ordinance B
Approval of Proposed Zoning Map Change
DRAFT ORDINANCE B
AN ORDINANCE OF THE CITY COUNCIL APPROVING ZONE
CHANGE 2007-0137, AMENDING THE OFFICIAL ZONING MAP
DESIGNATION OF APN 029-062-013 FROM RMF-16 (RESIDENTIAL
MULTI-FAMILY — 16) TO RMF-16/PD-30 (RESIDENTIAL MULTI-
FAMILY — 16/ PLANNED DEVELOPMENT OVERLAY-30)
5440 Traffic Way
(Habitat for Humanity)
WHEREAS, an application has been received from Habitat for Humanity for San Luis
Obispo County, P.O. Box 613, San Luis Obispo, CA 93406, (Applicants and Property Owners)
to consider a project consisting of a Zone Change from RMF-16 (Residential Multi-family-16) to
RMF-16/PD30 (Residential Multi-Family-16 with a Planned Development Overlay-30) with
corresponding Master Plan of Development and Vesting Tentative Parcel Map located at 5440
Traffic Way, (APN 029-062-013); and,
WHEREAS, the site's General Plan Designation is HDR (High Density Residential);
and,
WHEREAS, the site's current zoning district is RMF-16 (Residential Multi-family -16);
and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0007 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 laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact this amendment to the Official Zoning Map to protect the health, safety, and
welfare of its citizens by applying orderly development of the City; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone
Change application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendments;
and,
23
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on July 17, 2007 studied and considered Zone Change 2007-0137, after first
studying and considering the Proposed Mitigated Negative Declaration prepared for the project,
and recommended approval of the project to the City Council.
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on August 28, 2007, studied and considered Zone Change 2007-0136, after first studying
and considering the proposed Mitigated Negative Declaration prepared for the project;and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Findings for Approval of a Zone Change to the Official Zoning Map of
Atascadero Changing the existing site zoning to RMF-16/PD-30. The Planning Commission
finds as follows:
1. Modification of development standards or processing requirements is warranted to
promote orderly and harmonious development.
2. 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.
3. Benefits derived from the overlay zone cannot be reasonably achieved through
existing development standards or processing requirements.
4. The proposed project offers certain redeeming features to compensate for the
requested zone change.
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular
session assembled on August 28, 2007, resolved introduce for first reading by title only, an
ordinance that would rezone the subject site consistent with the following:
Exhibit A: Location and Zone Map Amendment Diagram
SECTION 3. A summary of this ordinance, approved by the City Attorney, together
with the ayes and noes, shall be published twice: at least five days prior to its final passage in
the Atascadero News, a newspaper published and circulated in the City of Atascadero; and,
before the expiration of fifteen (15) days after its final passage in the Atascadero news, a
newspaper published and circulated in the City of Atascadero. A Copy of the full text of this
ordinance shall be on file in the City Clerk's office on and after the date following introduction
and passage and shall be available to any interested member of the public.
24
INTRODUCED at a regular meeting of the City Council held on August 28, 2007, and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on
by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ADOPTED:
CITY OF ATASCADERO, CA
Dr. George Luna, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Robert Schultz, Interim City Attorney
25
Exhibit A: Location and Zone Map Amendment Diagram
�iMrw/
gg
r
W , i
1000, `l
a�
r
a
1 r
5440 Traffic Way/APN 029-062-013
Existing Zoning :
- Residential Multi-family- 16
Amended Zoning:
-Residential Multi-Family -16/PD-30
26
27
ITEM NUMBER: A-5
DATE: 9/11/07
leis ■ is e
�scAn��
Atascadero City Council
Staff Report - City Manager
Contract for Interim City Attorney Services
RECOMMENDATIONS:
Council:
1 . Ratify the contract entered into by the City Manager for attorney services on an
interim basis by Robert Schulz and Hanley & Fleishman, LLP, for the period of
time since the last City Council meeting; and,
2. Authorize the City Manager to execute a written contract with Robert Schulz and
Hanley & Fleishman, LLP, for interim city attorney services.
DISCUSSION:
In July of 2007 the City Council decided to send out a Request for Proposals for city
attorney services. At the August 28, 2007 City Council meeting, the City Council
decided to extend the recruitment period to make sure all qualified candidates had a
reasonable opportunity to respond. In light of this extension, the City Manager contacted
the Hanley & Fleishman law firm and asked if they would be willing to handle the City
Attorney duties on an interim basis. Hanley and Fleishman agreed to handle the City on
an interim basis for the same hourly rate as the City's previous City Attorney contract.
There is no monthly minimum. The attached contract provides for such services at the
rate of $175.00 and may be terminated by the City upon notice (no time period required)
for any reason or for no reason at all. None of the attorneys are candidates for the City
Attorney position currently under recruitment.
FISCAL IMPACT:
Two of the attorneys that will be working on an interim basis are already familiar with
Atascadero and many of its issues. Robert Schulz is the current inhouse city attorney in
Morro Bay and will not need training to handle meetings of the Atascadero City Council.
It is expected that no budget adjustments will be needed to handle the expense of this
contract in the interim.
28
ALTERNATIVES:
The City Council is not required to enter into this contract. Staff does not recommend
this alternative as this contract will allow the City to receive competent legal services in
the interim period without increasing the hourly rate charged to the City. This alternative
is also superior to attempting to function without adequate legal representation.
ATTACHMENTS: Draft Contract
29
RETAINER
ROBERT SCHULTZ, ATTORNEY AT LAW
HANLEY AND FLEISHMAN, LLP
Legal Services Agreement
{Municipal Law; Interim City Attorney Services}
This Agreement, made between Robert Schultz, attorney at law, HANLEY AND
FLEISHMAN, LLP ("H&F") (sometimes collectively referred to as "attorneys") and THE
CITY OF ATASCADERO, CALIFORNIA ("City"), sets forth the terms and conditions
under which attorneys agree to provide certain legal services to City.
SCOPE OF SERVICES
LEGAL SERVICES. City retains attorneys to advise, counsel, and represent it as
its Interim City Attorney and to provide routine legal advice, consultation, and opinions to
the City Council and staff on a temporary and interim basis, to assist in the preparation
and review of ordinances, agreements, contracts and related documents; to attend
regular City Council meetings and other meetings as may be considered necessary; to
monitor existing and pending legislation and case law which may affect City; to monitor
and from time to time report on litigation in which City is a party or otherwise interested;
and subject to prior approval of City, to represent City in litigation and appeals in which
the City is a party. These services shall be referred to generally as "Legal Services." As
used herein "General Legal Services" mean (1) Attendance at all regularly scheduled
City Council meetings; (2) Review and/or preparation of ordinances, resolutions, orders,
agreements, forms, notices, declarations, certificates, deeds, leases, and other
documents required by the City; (3) Consultation with Councilmembers and City staff as
needed, rendering of legal advice and opinions concerning legal matters that affect the
City, including new legislation and court decisions, perform research and interpret laws,
court decisions and other legal authorities in order to prepare legal opinions and to
advise the Council and management staff on legal matters pertaining to City operations;
(4) Legal work pertaining to property acquisition, property disposal, public improvements,
public rights-of- way and easements, and matters relating to public utilities; (5) municipal
code enforcement; (6) monitor outside litigation. (7) Other duties as assigned by the City
Council or the City Manager.
ATTENDANCE AT MEETINGS. Unless excused by the Mayor, or a majority of
the City Council sitting in a duly noticed public meeting, Robert Schultz shall attend all
regular, adjourned regular, and special meetings of the City Council.
Legal Services Agreement 1 Atascadero
30
CITY ATTORNEY ASSIGNMENT
-140
Robert Schultz shall be assigned as Interim City Attorney. Roy A. Hanley and
David M. Fleishman shall be assigned as Interim Assistant City Attorneys. Other outside
counsel shall be used as necessary, with prior approval of City.
CITY DESIGNATED REPRESENTATIVE
City designates its City Manager as its representative under this Agreement. The
designated representative is authorized to review services and statements of H&F and of
Robert Schultz, and to authorize additional services.
RESPONSIBILITIES OF Schultz, H&F AND CITY
RESPONSIBILITIES OF Schultz & H&F. Schultz and H&F will perform the Legal
Services called for under this Agreement, keep City informed of progress and
developments, and respond promptly to City's inquiries and communications.
RESPONSIBILITIES OF CITY. City will be truthful and cooperative with Schultz
and H&F, keep them informed of developments, and timely make any payments required
by this Agreement.
LEGAL FEES AND BILLING PRACTICES
BASE COMPENSATION. City agrees to pay Schultz and to pay H&F as and for
attorneys' fees for General Legal Services, as defined supra, at the rate of $175.00 per
hour for attorney services and $85 per hour for paralegals. Schultz and H&F will keep
track of their time to the nearest 1/10th of an hour and shall bill separately for their
services.
CHARGEABLE TIME. Schultz and H&F will account for all activities undertaken
in providing Legal Services to City under this Agreement, including, but not limited to,
telephone calls relating to City's matters, attendance at meetings, communications with
the City Council and Staff, correspondence, review and drafting papers, and legal
research.
COSTS. Schultz and H&F may incur various costs and expenses in performing
Legal Services under this Agreement. Schultz and H&F agree to absorb all internal
copying and telephone charges. City agrees to pay all other costs and expenses. Costs
and expenses commonly include investigation costs, notarial and certification expense,
deposition and reporting expense, expert witness expenses and travel expenses (except
that mileage to and from regularly scheduled City Council meetings and office hours shall
be absorbed by attorneys). All external costs and expenses will be charged at attorney's
actual cost. Mileage for other than regularly scheduled City Council meetings and office
hours may be charged at the then-current Internal Revenue Service reimbursement rate.
Attorneys will obtain City's prior consent before incurring any cost item in excess of two
Legal Services Agreement 2 Atascadero
31
hundred fifty dollars ($250.00). Attorneys are not obligated to pay or advance any costs
r or expenses, and may, at their sole option, (1) require City to advance payment for the
cost item(s), (2) arrange to have the cost billed directly to City, or (3) advance the cost on
behalf of City and seek reimbursement from City.
PERIODIC BILLING. Attorneys will send City periodic statements, not less
frequently than monthly, indicating attorney fees and costs incurred, any amounts
applied from deposits, any current balance owed, a reasonably detailed description of
services performed, and any costs and expenses for which attorneys are entitled to
reimbursement. City agrees to pay the balance within thirty (30) days of billing.
TERM, DISCHARGE & WITHDRAWAL
TERM AND TERMINATION. This Agreement may be terminated by either party
with or without cause at any time upon written notice to the other party. This Agreement
shall continue until termination or until modified by written Agreement of the parties.
OTHER PROVISIONS
INDEPENDENT CONTRACTOR. Attorneys acknowledge that they it and/or its
principals are independent contractors and not employees of the City. Schultz and H&F
are not in any manner partners, nor a joint venture. Each shall be independently
responsible to City for the services provided herein, and neither shall have the power or
**ale right to control the provision of legal services by the other. The fact that both are
signatory to this Agreement is simply as an accommodation to City to provide legal
services in the period during which City seeks a regular city attorney. Neither Schultz nor
H&F has submitted, or will submit a proposal to become the regular city attorney, during
the term of this Agreement.
ASSIGNMENT. This Agreement cannot be assigned by any party for any reason
whatsoever without the consent in writing of the other party.
INSURANCE DISCLOSURE. H&F represents and discloses to City that it
maintains professional liability insurance, including errors and omissions coverage, in
excess of the legally required limits. H&F further represents and discloses to City that it
and/or its principals maintain automobile liability insurance on all vehicles used by H&F
and/or its principals with minimum coverage of one hundred thousand dollars
($100,000.00) per occurrence and three hundred thousand dollars ($300,000.00) per
policy term.
RESTRICTIONS ON FUTURE REPRESENTATION. In addition to the
proscriptions regarding conflict of interest imposed on attorneys by the Business and
Professions Code and by the California Rules of Professional Conduct, particularly
California Rule 3.310(d), attorneys represents that they shall, after the termination of
their service or employment with City, not appear before any Council, commission,
committee, or agency of City in relation to any case, proceeding, or application, or
Legal Services Agreement 3 Atascadero
32
contract in which they participated during the period of his service or employment, or
which was under his active consideration, nor on any other matter for a period of one VAO
year from the date of termination of their employment.
ARBITRATION. In case any disagreement, difference, or controversy shall arise
between attorneys and the City with respect to any matter in relation to or arising out of
or under this Agreement, whether as to the construction or operation thereof, or the
respective rights and liabilities of the City or otherwise, and the parties to the controversy
cannot mutually agree as to the resolution thereof, then such disagreement, difference,
or controversy shall be determined by arbitration under the commercial arbitration rules
of the American Arbitration Association or upon such other rules as the parties may
agree. The submission to arbitration in accordance with the requirements of this section
of any and all agreements, differences, or controversies that may arise hereunder is
made a condition precedent to the institution of any action or appeal at law or in equity
with respect to the controversy involved. The award by the arbitrators shall have the
same force and effect and may be filed and entered, as a judgment of the Superior Court
of the State of California and shall be subject to appellate review upon the same terms
and conditions as the law permits for judgments of Superior Courts.
ENTIRE AGREEMENT. This Agreement contains the entire understanding of the
parties regarding their rights and obligations hereunder. Any alleged oral representations
or modifications concerning this Agreement and the subjects thereof shall have no force
or effect unless reduced to a writing signed by both parties.
AMENDMENT. This Agreement may be amended only in writing signed by all
parties. Attorneys acknowledge that this initial agreement is executed under the general
contracting authority of the City Manager, and that it needs to be reviewed and ratified by
the City Council at a duly scheduled meeting of that body.
NOTICES. Notices regarding this Agreement shall be given to the parties at the
following addresses:
CITY: CITY OF ATASCADERO
ATTN: Wade McKinney, City Manager
6907 EI Camino
Atascadero City, California 93422
H&F: HANLEY AND FLEISHMAN, LLP
Roy A. Hanley
8930 Morro Road
Atascadero, California 93422
Robert Schultz: Robert Schultz
1326 Alder Street
San Luis Obispo, California 93401 ,
Legal Services Agreement 4 Atascadero
33
Effective Date. The effective date of this Agreement shall be
Executed this day of August, 2007 at Atascadero, California.
HANLEY AND FLEISHMAN, LLP
By
Roy A. Hanley
Robert Schultz, Attorney at Law
Robert Schultz
Executed this day of August, 2007 at Atascadero, California.
CITY OF ATASCADERO
By
Wade G. McKinney, City Manager
Legal Services Agreement 5 Atascadero
34
35
ITEM NUMBER: B-1
DATE: 9-11-07
taxa � is
Atascadero City Council
Staff Report - Community Development Department
PLN-2099-1002
Zone Change / Conditional Use Permit /Tentative Parcel Map
Planned Development Overlay-16
5190 Portola Road (Nolan)
(Proposed project would allow a 2-lot residential planned development)
REPORT-IN-BRIEF:
The proposed project consists of a Zone Map Amendment to establish a Planned
Development Overlay Zone #16 on the subject site with a corresponding Master Plan of
Development (CUP) and Tentative Parcel Map that would allow a 2-lot residential
planned development. The project site is currently developed with a single-family
residence.
The applicant does not meet the Zoning Ordinance's minimum lot size requirements
based on the flag lot subdivision standards and is requesting relief from those
requirements through a Planned Development Overlay-16.
RECOMMENDATION:
The Planning Commission on a 5-2 vote recommends the City Council:
Adopt Draft Resolution A denying PLN 2099-1002, ZCH 2004-0091, CUP 2004-
0140 and TPM 2004-0057 (AT 03-0258) for being inconsistent with the purpose
and intent of the PD-16 Overlay Zone.
August 7th, 2007 Planning Commission DRAFT Minutes:
2. PLN 2099-1002, 5190 PORTOLA ROAD: PLANNED DEVELOPMENT
OVERLAY-16. 2-LOT MAP
36
Owner: Ed Nolan, 5190 Portola Rd, Atascadero, CA 93422
Agent: RTC Engineering, Russ Thompson, 7600 Morro Rd, Atascadero, CA
93422
Project Title: PLN 2099-1002, ZCH 2004-0091, TPM 2004-0057, CUP 2004-0140
Project 5190 Portola Road, Atascadero
Location: (San Luis Obispo County) APN 054-051-021
Project The proposed project consists of a Zone Map Amendment to establish a
Description: Planned Development Overlay Zone #16 on the subject site with a
corresponding Master Plan of Development (CUP) and Tentative Parcel Map
that would allow a 2-lot residential planned development. The project site is
currently developed with a single-family residence.
General Plan Designation: SFR-2 (1.5 to 2.5 acre Minimum Lot Size)
Zoning District: RSF-Z 1.5 to 2.5 acre Minimum Lot Size
Proposed Based on the initial study prepared for the project, a Mitigated Negative
Environmental Declaration is proposed. The proposed Mitigated Negative Declaration is
available for public review at 6907 EI Camino Real, Community Development
Determination: Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday.
Associate Planner Kerry Margason gave the staff report, and with City Engineer Steve Kahn,
answered questions of the Commission.
PUBLIC COMMENT
Russ Thompson, applicant's representative, spoke about the project and the care the applicant
has taken through the years to preserve the trees on the property. Mr. Thompson answered
questions of the Commission.
Chairperson O'Keefe closed the Public Comment period.
Commissioner comments:
Commissioner Slane:
1. The applicant has been a resident for a number of years and has been very protective
of the trees and surrounding environment.
2. He has no problem with the property split when the flag lot ordinance is considered.
3. The applicant meets the minimum requirement if taken on the gross.
4. Applicant is meeting the spirit of the ordinance.
5. Must be cautious because other neighbors may want to do the same and not meet the
1.5 minimum.
Commissioner Marks:
1. Was concerned with the non-permitted ag-building.
37
Commissioner O'Grady:
1. Expressed concern with the finding that the intent and purpose of the PD-16 Overlay
includes providing relief from the City's Subdivision Ordinance regulating flag lots.
2. Would like any findings made tonight to be specific to this project so there could be no
misunderstandings in the future regarding actions taken by prior Commissions.
Vice Chairperson Fonzi:
1. The applicant has made a strong effort to meet the standards, and is within inches of
making this an allowable use.
2. Important for the Commission to comply with the letter of the law with compassion and
judgment.
3. This project is not creating a precedent that could be used in other areas.
4. 50% offered for open space is a sizable amount for public benefit.
5. There are smaller lots in the area and this project is in compliance with the general feel
of the area, and not out of place.
Commissioner Heatherington:
1. Was concerned because part of the open space easement is going to be the leach field
and septic system for one of the developed lots.
2. She could only go along with this if it is conditioned without second units.
Chairperson O'Keefe:
1. This does not meet the PD-16 requirements as the purpose is to allow the creative
clustering of residential parcels, and this is not creative clustering.
2. Does not meet the flag lot requirements.
3. Does not meet the General Plan requirements regarding being surrounded by non-
conforming parcels. There are a lot of smaller parcels there, but in the past there have
been many decisions that did not follow the ordinances.
4. She cannot make the findings that are required that the intent and purpose of the PD-16
Overlay includes providing relief from the City's Subdivision Ordinance, that modification
of the three-to-one depth-to-width ratio is necessary, and that the proposed Parcel 2 will
also exceed the three-to-one.
MOTION: By Commissioner O'Grady and seconded by Chairperson O'Keefe to
deny the project.
Motion passed 5:2 by a roll-call vote. (Slane, Fonzi opposed)
Commissioner Slane stated for the record that he did not believe the spirit of the law is being
met, and that the 3.0 on the lots has been met on the split if the flag lot is included and that was
the intent of past Commissions.
Vice Chairperson Fonzi stated for the record that she agrees this is not meeting the spirit of the
law.
�rirrr
38
ry
SITUATIONS AND FACTS:
1. Owner: Ed Nolan, 5190 Portola Road
Atascadero, CA 93422
2. Agent: Russ Thompson, RTC, 7600 Morro Road
Atascadero, CA 93422
3. Project Address: 5190 Portola Road (APN 054-051-021) (San Luis Obispo
County)
4. General Plan Designation: SFR-2 (1.5 to 2.5 acre Minimum Lot Size)
5. Zoning District: RSF-Z (1.5 to 2.5 acre Minimum Lot Size)
6. Site Area: 3.01 acres
7. Existing Use: Single-Family Residence
8. Environmental Status: Proposed Mitigated Negative Declaration 2007-0005
39
I VOW DISCUSSION:
Background
Surrounding Land Use and Setting:
North: Residential Single-Family-Z East: Residential Single-Family
South: Residential Single-Family- Z West: Residential Suburban
RSF-Z Zoning
un„ Atajo Avenue
RS Zoning Portola Road
Project Site
Allenmande Road
Figure 1—Project Location and Zoning
The project site is within the Single-Family Residential General Plan Land Use
designation and is zoned Residential Single-Family - Z, which allows for a minimum lot
size of 1.5 to 2.5 acres, based on performance standards. The properties along Portola
Road in the vicinity of the project site are developed with single-family residences on
lots ranging in size from 0.5 to 5+ acres.
vftw
40
ANALYSIS:
The purpose of the PD-16 Overlay is to allow the creative clustering of residential
parcels to preserve sensitive environmental features, and to provide open space by
allowing smaller lot sizes than the underlying zone's minimum lot size requirements,
without increasing maximum density.
In the event that the City Council moves to approve this project, a finding has been
included in the draft resolutions stating that the City Council finds that the purpose of a
PD-16 includes "...relief from the requirements of the City's Municipal Code's Flag Lot
provisions (Section 11-6.26)".
This project is designed to facilitate placement of new residential and accessory
structures in areas of previous site disturbances or where slopes are at a minimum.
The project proposes 1.43 acres of open space easements to meet the requirements for
a PD-16 public benefit.
History
The applicant first applied for a two (2) lot parcel map in February 2004. Staff reviewed
the application and based on Section 11-6.26 of the Municipal Code, informed the
applicant that there was insufficient land to process the parcel map.
The applicant then requested that staff evaluate the project based on Goal LOC 2,
Policy 2.2.1 , which states as follows:
"Allow for the orderly development of neighborhoods by allowing for the
consideration of lot size reductions for lots that are significantly larger than
the surrounding neighborhood."
Program - Within the Urban Services line, allow for planned developments
to approve lot sizes below district minimums in the SE, SFR-Z and SFR-Y
land-use areas only, when no more than two (2) lots are surrounded on all
sides within the same land-use designation by non-conforming lots.
Minimum lot sizes shall not exceed maximum General Plan densities of
the next lowest single-family land use designation.
Staff reviewed the request and determined that the property was not surrounded
by non-conforming lots, as shown below in Figure 2:
41
J�pA°ea°_
Subject Property
1.5 acres
(conforming)
1.6 acres
(conforming)
1.6 acres
1.9 acres (conforming)
(conforming) .
Figure 2—Project Location and Zoning
The applicant then requested a Variance. Staff reviewed the request and determined it
did not appear that the required findings for a Variance could be made. Staff met with
the applicant and discussed the PD-16 process. The applicant then chose to submit the
required application package and process the requested Zone Change.
42
Maximum Density:
Minimum lot size for the RSF-Z Zoning District is 1 .5 to 2.5 acres, based on
performance standards. As shown in Figure 3 - Minimum Lot Size Calculations, the
performance standards for the proposed lots would allow for a minimum lot size of
1.466 or 1 .5 acres. Maximum density for a 3-acre parcel would be two (2) lots with a
single-family residence each, and the potential for one (1) second unit on each lot for a
total of four (4) living units.
,:W'�inimum l ofWW C;jtf raauRi a nial Single Family Zone
Lot Silt Factors'
atYRCO rOm"+enter 11
Canununlly
OA000w 408.4-6,000-x,;10.6-8,000-.12 4-6,000 0.1,
X20 mituincha 30; 0-59:rnut.inch-:50;
Septic Sultabllity(park rate) r60 ntinlim:h=.70 >60 0.7 -
0,20%=:3;21-30%50;-3]Vo and ever
Average Slope ` -.70 17%(estimated) '0.3
tryaeaepte ,o0. -
peved-road'decs than 15°m x.15
Ya.Wmdthen 15^..=.20
All voalhnr less!hart li:h,=�;
All—ather mere than 1-,%T.30
'Access Caadltioe aimpraVed—fuze AU 0:15
'CsragO I fae< .15.
'Fedt{acral) 1.08 XIt
P minimum Lot Size 1.466
�vliaoa11txda, tk� eaidli! ;Stl�gl; az1111'.Zr)lae
Lot Size Factors
tanec�ram:+antor.o "i ;G•,t
Community '-,12 - 4-6,000 ''0.1
>2U cavmch-jv;20�9mini ch=..50;
Septic Suitability(pericratc) v 60:xmWincb-70 - X60 '0.7 s
0.20% 4.50,
Aeerage Slope >: 31%and min-.70 13%(estimated) 03
ny;aeeepl0 me a
Pavadrdad leas tban 15% ,1
paw il.vcad mere than.l5'Yv 4.20
All anaiher leas than 15%-.25
All weather mem than 15%-.30
Access Condilloe Ummin—ed surface-_40 H1.4
A-rage.ah.m Within .t
Feel(acre) 1108
Figure 3 —Minimum Lot Size Calculations
Flag Lot:
The parent parcel is an existing flag lot with a gross acreage of approximately 3.02
acres, In accordance with the Flag Lot Ordinance (see below) the flag portion of the lot
may not be used to meet minimum lot size requirements. The existing parcel currently
has a flag of 30 feet by 225 feet for 6,750 square feet or 0.15 acre. The Flag Lot
Ordinance requires that this area be subtracted prior to calculating minimum lot sizes.
Subtracting the 0.15 acre from the 3.02 gross acres results in 2.87 acres, making the
parcel too small to create two lots of 1.5 acres each, as required by the Zoning
Ordinance.
Title 11 of Atascadero's Municipal Code provides for the following:
43
11-6.21 General requirements.
The design of lots should be based on intended use, topography and access requirements.
Lots which are impractical for intended uses due to terrain, location of natural features,
inadequate access, frontage, or buildable area, or other physical limitations will not be
approved. All lots shall abut on an improved street unless approved as a deep lot
subdivision by the Planning Commission, under standards adopted by the Planning
Commission. (Ord. 370 § 2 (part), 2000)
11-6.26 Flag lots (deep lot subdivisions).
(a)Flag lots may be approved for subdividing deep lots subject to the following findings:
(1) the subdivision is consistent with the character of the immediate neighborhood; (2)the
installation of a standard street, either alone or in conjunction with neighboring properties
is not feasible; and (3) the flag lot is justified by topographical conditions. Such
subdivisions shall conform with the following:
(1) The accessway serving the flag lot(s) shall not be included in the determination of
required lot area for any lot.
(2) The original lot shall have frontage on a dedicated street.
The proposed parcels will both result in flag lots. Proposed parcel 1 would be 1.52
acres gross with a design that extends the flagpole portion of the lot, resulting in a
parcel size of 1.08 acres. Proposed parcel 2 is 1.5 acres gross. Access for Parcel 2
would be provided over an easement across the flagpole portion of proposed Parcel 1.
Proposed Parcel 2 will not have frontage on a dedicated street and the frontage for
proposed Parcel 1 is limited to the existing 30-foot flagpole area connecting to Portola
Road.
Depth to Width Ratio:
The parent parcel currently has a depth to width ratio of approximately 7.5:1 which
greatly exceeds the Zoning Ordinance requirement for maximum depth to width of 3:1.
Proposed Parcel 2 will continue to exceed this requirement with a depth to width ratio of
approximately 3.5:1. Relief from the 3:1 ratio standard may also be provided by the PD
Overlay-16. Proposed Parcel 1 would meet the requirement with a depth to width of
approximately 2.7:1.
44
TENTATIVE PARCEL MAP
_ AT03-0258
�— )wicu oir'sErnw
Proposed New
-_---• P.E9;b?M)0 '� Building Envelope .�.
l-1 Pncn i.bw.oe
4M
_7
L� Open Space Dedications Existing Flagpole area
Existing Residence
__. - - -
r
IBM
—�._TLL Iw.w ® w....a .R•�L"1.-l..•1•`•' OT"o1-.11AfMOlA W
....... a.—. r�:_. :.S OG
Native Trees:
There are numerous native oak trees on-site, ten (10) of which will be impacted by the
proposed development and two (2) which are proposed for removal. If the City Council
approves the project, staff recommends that the applicant replant native trees to
mitigate the tree removals. The tree removal request and mitigation form are attached
to draft Resolution B as Exhibit C.
Site Drainage
Historically, the site drains towards Portola Road. The project is designed to maintain
historic flow.
Wastewater
The project will utilize engineered on-site septic systems.
45
Utilities
Utilities for the proposed new residence will be required to be placed underground
(condition TPM 22).
Fiscal Impact
If approved, based on findings from the Taussig Study, revenue from new residential
development including property tax revenues, vehicle licensing fees, sales taxes, and
other revenues are insufficient to cover the maintenance and emergency services costs
of new development. Based on the revenue projections from the Taussig Study, the City
has developed standard conditions of approval for new development projects that
require the cost of maintenance and emergency services to be funded by the project
through a combination of road assessment districts, landscape and lighting districts and
Community Facilities Districts (Conditions CUP 12 /TPM 8).
Due to the small size of the project, staff is recommending that this condition be waived.
Inclusionary and Workforce Housing
The City Council has implemented an interim inclusionary Affordable Housing Program
to include a fixed percentage of units within residential developments that require a
legislative approval to be reserved as deed restricted affordable units or for an in-lieu
fee to be paid. It is recommended that in-lieu fees be paid for this project. A Condition
of Approval has been added to ensure this requirement is met (Condition CUP 9 / TPM
10).
Project Benefits
One of the required findings for approval of a Planned Development Rezone is that the
project must "...offer certain redeeming features to compensate for the requested
modification." The table shown below outlines the Council policy on Planned
Development benefits. In order to approve this project, the City Council must find that
the project offers all of the tier 1 benefits to qualify for a Planned Development project.
PD Location 70n
7rl�Be�nefits Tier 2 Benefits
Outside of Urban Core a) Natural en Space Preservation ) Multi-Purpose Trails—Equestrian/
Bicycle/Pedestrian
Rural/Suburban Areas
b) Recreational Areas/Facilities
PD-16
c) Historic Preservation
46
Tentative Parcel Map
A two (2) lot Tentative Parcel Map (TPM 2004-0057/AT 03-0258) is proposed as part of
the project consistent with the proposed Master Plan of Development and proposed
PD-16 Overlay Zone. The Parcel Map has been conditioned by staff and the City
Engineer to meet all City standards including on- and off-site street improvements. The
applicant will be required to record a Road Maintenance Agreement for the access-way
(condition TPM 9).
General Plan Consistency
The proposed project is consistent with the following General Plan Land Use Policy:
Land Use Policy 1.1: "Preserve the rural atmosphere of the community and assure
"elbow room" in areas designed for lower density development by guiding new
development into the Urban Core to conform to the historic Colony land use patterns of
the City and to respect the natural environment, hillside area and existing
neighborhoods."
The proposed project is consistent with the goals and policies of the Land Use Element.
The project will provide two, Single-Family Residential units within the Single-Family
Residential zone.
Findings
Planned Development Overlay
As specified in the City's General Plan and Zoning Ordinance, the following specific
findings for the proposed Zone Change shall be made in order to approve the proposed
project:
1. The proposed Zone Change is in conformance with the adopted General Plan
goals, policies, and programs and the overall intent of the General Plan based on
the projects consistency with LOC 1.1.
2. The proposed Zone Change is compatible with existing development,
neighborhoods and the environment.
3. The proposed Zone Change will not create any new significant and unavoidable
impacts to traffic, infrastructure, or public service impacts.
4. The proposed Zone Change is consistent with the project-specific Mitigated
Negative Declaration.
47
Additional findings for approval of this zone change are recommended as follows:
WOW
1. The intent and purpose of the PD-16 Overlay includes providing relief from the
City's Subdivision Ordinance regulating flag lots.
2. The requirement that the original parcel have existing road frontage prior to the
subdivision is satisfied by the parcel's connection to Portola Road through the
30-foot wide flagpole area of the existing lot.
3. Modification of the 3:1 depth to width ratio requirement of the City's Subdivision
Ordinance is necessary based on the size and shape of the property and the
different property ownerships which impede access to the public road.
4. Proposed Parcel 2 will exceed the 3:1 depth to width ratio, however there is
adequate assurance that subsequent development may be accomplished without
detriment to adjacent properties as there are numerous parcels within the
neighborhood that are of a flag lot design.
Conditional Use Permit (Master Plan of Development)
A Blaster Plan of Development is required for the Planned Development in the form of a
Conditional Use Permit. The proposed Master Plan of Development sets development
standards related to architectural design, site design, landscape, signage, and specific
development standards required by the Zoning Ordinance. The City Council must make
the following five findings to recommend approval of the proposed Master Plan of
`%W Development:
1. The proposed project or use is consistent with the General Plan and the City's
Appearance Review Manual.
Staff Comment: The use is consistent with the Single Family Residential-Z
designation of the General Plan and General Plan Land Use Element Policy 1 .1.
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance) including the Planned Development Ordinance.
Staff Comment: As conditioned, the project satisfies all Conditional Use Permit and
Planned Development Zoning Code provisions.
3. The establishment, and subsequent operation or conduct of the use will not,
because of the circumstances and conditions applied in the particular case, be
detrimental to the health, safety, or welfare of the general public or persons residing
or working in the neighborhood of the use, or be detrimental or injurious to property
or improvements in the vicinity of the use.
Staff Comment: The proposed residential development will not be detrimental to the
general public or working person's health, safety, or welfare.
48
4. That the proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development.
Staff Comment: The proposed project is compatible with the surrounding
neighborhood which consists of several existing flag lots.
5. That the proposed use or project will not generate a volume of traffic beyond the
safe capacity of all roads providing access to the project, either existing or to be
improved in conjunction with the project, or beyond the normal traffic volume of the
surrounding neighborhood that would result from full development in accordance
with the Land Use Element.
Staff Comment: The proposed project and use is consistent with the traffic
projections and road improvements anticipated within the General Plan and as
proposed by the applicant.
Tree Removals
The project proposes the removal of two (2) live oaks for a total of 15 inches dbh.
Removal of the trees is necessary for driveway widening and fire safety clearance.
Staff is recommending the following finding be made for the removal of these trees:
The trees are obstructing proposed improvements that cannot be reasonably
designed to avoid the need for tree removal, as certified by a report from the Site
Planner and determined by the Community Development Department based on the
following factors:
■ Early consultation with the City.
■ Consideration of practical design alternatives.
■ Provision of cost comparisons (from applicant) for practical design alternatives.
■ If saving tree eliminates all reasonable uses of the property.
■ If saving the tree requires the removal of more desirable trees.
Proposed Environmental Determination
A Draft Mitigated Negative Declaration was circulated to public agencies and interested
members of the public on April 24, 2007. The Environmental Analysis identified
concerns regarding potential impacts to land use, as well as planning and biological
resources. Mitigation measures pertaining to these resources are included. A finding is
proposed that this project would not have a significant effect on the environment based
upon the implementation of the identified mitigation measures.
Conclusion:
49
Based on the proposed findings, the Planning Commission found that the proposed
.► development would not be consistent with the General Plan or the purpose and intent of
the PD — 16 overlay. Native trees have been preserved where feasible and required
conditions and mitigation measures have been appropriately incorporated into the
project. As analyzed within the project Initial Study and Draft Mitigated Negative
Declaration, the proposed Master Plan of Development would have no significant
environmental impacts and will not be detrimental to the general public or working
persons, health, safety, or welfare. Based on the Planning Commission's determination
it appears that some of the required findings can not be made for this project.
ALTERNATIVES:
1. The City Council may approve the project by:
a. Adopting Draft Resolution B certifying the Proposed Mitigated Negative
Declaration 2007-0005; and,
C. Adopting Draft Ordinance A introducing an ordinance for first reading by
title only, to approve Zone Change 2004-0091 based on findings; and,
d. Adopting Draft Resolution C approving Conditional Use Permit 2004-0140
(Master Plan of Development) and the Tree Removal Request for 2 native
trees, based on findings and subject to Conditions of Approval and
Mitigation Monitoring and waiving condition 12 requiring annexation into
the community facilities district; and,
e. Adopting Draft Resolution D approving Tentative Parcel Map 2004-0057
(AT 03-0258) based on findings and subject to Conditions of Approval and
Mitigation Monitoring and waiving condition 8 requiring annexation into the
community facilities district.
2. The City Council may recommend modifications to the project and/or Conditions
of Approval for the project.
3. The City Council may determine more information is needed on some aspect of
the project and may refer the item back to the applicant and staff to develop the
additional information. The Council should clearly state the type of information
required and move to continue the item to a future date.
PREPARED BY: Kerry Margason, Associate Planner
ATTACHMENTS:
Attachment 1: Location, General Plan, and Zoning Map
50
Attachment 2: Arborist Report
Attachment 3: Draft Resolution A — Denial of Project
Attachment 4: Draft Resolution B — Approving Mit. Neg. Dec.
Attachment 5: Draft Ordinance A — Approving PD-16 Overlay
Attachment 6: Draft Resolution C — Approving Master Plan of Development
Attachment 7: Draft Resolution D — Approving Tent. Parcel Map
51
Attachment 1: Location, General Plan and Zoning Map
"mow
Project Site
i
r
Existing Designation:
Single-Family Residential
Residential Single-Family Z
Proposed Designation:
- Single-Family Residential
Residential Single-Family-Z
52
Attachment 2: Arborist Report
A & T ARBORISTS :
P.O.BOX 1311 TEMPLETON,CA 93465 (805)4340131 1/
July 17,2007
JUL 17 2007
Mr.Ed Nolan
5190 Portola Road
Atascadero,Ca 93422
Re;Tree Protection Plan for 5190 Portola Road Atascadero,CA 93422
This Tree Protection Plan is for the location stated above. The development will be
impacting twelve native oak trees ten live oak(Quercus agrifolia)trees and two valley
oak(Quercus lobata)trees. Two small live oak trees are being requested for removal.
This project is for a lot split.
It is the responsibility of the owner to provide a copy of this tree protection plan to any
and all contractors and subcontractors that work within the drip line of the native trees. It
is highly recommended that each contractor sign and acknowledge this tree protection
plan.
The trees impacted by this project are numbered and identified on both the grading plan
and the spreadsheet. Trees are numbered on the grading plans and in the field with an
aluminum tag. Tree protection fencing is shown on the grading plan.In the field trees to
be saved have yellow tape. Trees suggested for removal have red tape.
Tree Rating System
A rating system of 1-10 was used for visually establishing the overall condition of each
tree on the spreadsheet. The rating system is defined as follows:
Rating Condition
0 Deceased
1 Evidence of massive past failures,extreme disease and is in severe
decline.
2 May be saved with attention to class 4 pruning,insect/pest
eradication and future monitoring.
3 Some past failures,some pests or structural defects that may be
mitigated by class IV pruning.
4 May have had minor past failures,excessive deadwood or minor
structural defects that can be mitigated with pruning.
53_
Attachment 2: Arborist Report
5 Relatively healthy tree with little visual structural and or pest
defects.
6 Healthy tree that probably can be left in its natural state.
7-9 Have had proper arboricultural pruning and attention or have no
apparent structural defects.
10 Specimen tree with perfect shape,structure and foliage in a
protected setting(i.e.park,arboretum).
The following mitigation measures/methods must be fully understood and followed by
anyone working within the drip line of any native tree. Any necessary clarification will
be provided by us(the arborists)upon request.
1. Fencing: Will not be necessary for this project.
2. Trenching Within Drip Line: All trenching within the drip line of native
trees shall be hand dug,augured or bored(for utilities). All major roots shall be avoided
whenever possible. All exposed roots larger than 1"in diameter shall be clean cut with
sharp pruning tools and not left ragged. A Mandatory meeting between the arborists and
grading contractor(s)must take place prior to work start.
3. Grading Within The Drip Line: Grading should not encroach within the drip
line unless authorized. Grading should not disrupt the normal drainage pattern around the
trees. Fills should not create a ponding condition and excavations should not leave the
tree on a rapidly draining mound.
4. Exposed Roots: Any exposed roots shall be re-covered the same day they
were exposed. If they cannot,they must be covered with burlap or another suitable
material and wetted down 2x per day until re-buried.
5. Existing Surfaces: The existing ground surface within the drip line of all oak
trees shall not be cut,filled,compacted or pared,unless shown on the grading plans and
approved by the arborist.
6. Construction Materials and Waste: No liquid or solid construction waste
shall be dumped on the ground within the drip line of any native tree. The drip line areas
are not for storage of materials either.
7. Arborist Monitoring: An arborist shall be present for selected activities
(trees identified on spreadsheet and items bulleted below). The monitoring does not
necessarily have to be continuous but observational at times during these activities. It is
the responsibility of the owner(s)or their designee to inform us prior to these events so
we can make arrangements to be present. It is the responsibility of the owner to contract
(prior to construction)a locally licensed and insured arborist that will document all
monitoring activities.
• Pre-construction fence placement
• any utility or drainage trenching within any drip line
*AW
54
Attachment 2: Arborist Report
• All grading and trenching near trees requiring monitoring on the spreadsheet
• All driveway construction activities
• Tree removal operations
g. Pre-Construction Meeting: An on-site pre-construction meeting with the
Arborist(s),Owner(s),Planning Staff,and the earth moving team shall be required for
this project. Prior to final occupancy,a letter from the arborist(s)may be required
verifying the health/condition of all impacted trees and providing any recommendations
for any additional mitigation. The letter shall verify that the arborist(s)were on site for
all grading and/or trenching activity that encroached into the drip line of the selected
native trees,and that all work done in these areas was completed to the standards set forth
above.
9. Utility Placement: All utilities shall be placed down the road/driveway and
when possible outside of the drip lines. The arborist shall supervise trenching within the
drip line. All trenches in these areas shall be exposed by air spade or hand dug with
utilities routed under/over the roots.
The included spreadsheet includes trees listed by number,species and multiple stems if
applicable,diameter and breast height(4.5'),condition(scale from poor to excellent),
status(avoided,impacted,removed,exempt),percent of drip line impacted,mitigation
required(fencing,root pruning,monitoring),construction impact(trenching,grading),
141001
recommended pruning and individual tree notes.
If all the above mitigation measures are followed,we feel there will be no additional
long-term significant impacts to the remaining native trees.
Please let us know it'we can be of any future assistance to you for this project.
Steven G.Alvarez
Certified Arborist WC 0511
55
TREE PROTECTION SPREAD SHEET
FOR
ED NOLAN 5190 PORTOLA ROAD 11
1 2 3 4 5 6 7 8 9 10
TREE TREE TRUNK TREE CONST DRIP-LINE CONST MITIGATION MONT PRUNING FIELD
# SPECIES DISH CONDITIO STATUS k IMPACT IMPACT PROPOSAL REQUIRED CLASS NOTES
1 LO 19" 1 1 30% G,C,T M YES NONE POWER-LINESIDRIVEWAY
2 VO 2X10" 1 I 30% G,C,T M YES NONE POWER-INESIDRIVEWAY
3 VO 4" 1 i 30% G,C,T M YES NONE POWER•UNESIDRIVEWAY
4 LO 3X52 1 I 50°/D G,C 11 M YES NONE POWER•LINESIDRIVEWAY
6 LO 12" 1 I 30°/Q G,C,T M YES NONE POWER-LINES/DRIVEWAY
? ? ? ? 7 4 PROPOSED(BUILD ENVELOP 10%
6 LO 95° 4
7 LO 21 5 1 50% I G,C,T I M YES 1 POWER•LINESIDRIVEWAY
a LO 50" 5 I 2°/D G,C,T M YES 4 POWER•LINES/DRIVEWAY
I 40% G,C,T M YES 1 DRIVEWAY
9 LO 13" 6
10 LO 101, 1 R 100% G,C,T NONE NO DRIVEWAY
11 LO 5"
2 R 100% GAT NONE I NO DRIVEWAY
12 LO
60" 6 1 5% G,C,T F,M YES 1 PROPOSED FIRE TURN AROUND
f•TREE Y MOSTLY CLOCKWISE FROM DUE NORTH T=CONSTRUCTION IMPACT TYPE:GRADING,COMPACTION,TRENCHING
1•TREE TYPE:COMMON NAME IE WO=WHRE OAK e•MRIGATK/N REOUIREMF.NfEMENTS.FENCING,MONITORING.ROOTING PRUNING.PRUMNG
P•ARDORIST MONRORING REQUIRED'YE"O
3•TRUNK DIAMETER @ 1E"
A•TREE CONDITION:1=POOR 10-E%CEL'_ENT
1G+PERSCRIBF.O PRUNING,CIASS 1J
5� 11.FIELD NOTES
CONSTRUCTION STATUS:AVOIDED,IMPACTED.REMOVA:.
6=DRIP-LINE.PERCENT OF IMPACTED DRIP{INC
1
56
ATTACHMENT 3: Draft Resolution A
Denying PLN 2099-1002;ZCH 2004-0091; CUP 2004-0140;TPM 2004-0057
DRAFT RESOLUTION A
A RESOLUTION OF THE CITY COUNCIL DENYING
PLN 2099-1002, A REQUEST FOR ZONE CHANGE 2004-0091,
TENTATIVE PARCEL MAP 2004-0057 AND
CONDITIONAL USE PERMIT 2004-0140
5190 Portola Road
(Nolan)
WHEREAS, an application has been received from Ed Nolan, 5190 Portola Road,
Atascadero, CA 93422 (Applicant and Property Owner), to consider a project consisting of a
Zone Change from RSF-Z (Residential Single-Family-Z) to RSF-Z/PD16 (Residential Single-
Family-Z with a Planned Development Overlay-16) with corresponding Master Plan of
Development and Tentative Parcel Map located at 5190 Portola Road Avenue, (APN 054-051-
021); and,
WHEREAS, the Planning Commission of the City of Atascadero held a public hearing
on August 7, 2007 to consider PLN 2099-1002, and accepted both oral and written testimony
regarding the proposed project; and,
WHEREAS, the Planning Commission of the City of Atascadero, resolved to
recommend denial of the proposed project to the City Council; and,
WHEREAS, the City Council held a public hearing on September 11, 2007 to consider
the Planning Commission's recommendation of denial for PLN 2099-1002, and accept both oral
and written testimony regarding the project and the Planning Commission's recommendation;
and
NOW THEREFORE, the City Council of the City of Atascadero, hereby resolves to
deny PLN 2099-1002 (ZCH 2004-0091; CUP 2004-0140; TPM 2004-0057) based on the
following Findings:
1. The project is inconsistent with the purpose and intent of the Planned Development
Overlay-16 Zone because it would exceed the density allowed for the underlying zoning
district in that the "flagpole" portion of the parent parcel may not be used to determine
minimum lot size.
2. The project is inconsistent with the purpose and intent of the Planned Development
Overlay-16 Zone which was not established to provide relief from the provisions of the
City's Municipal Code relating to flag lot subdivisions (Section 11-6.26).
57
On motion by Council Member , and seconded by Council
Member the foregoing resolution is hereby adopted in its entirety by
the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ADOPTED:
CITY OF ATASCADERO, CA
George Luna
Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Patrick Enright, City Attorney
58
ATTACHMENT 4: Draft Resolution B
Approval of Draft Mitigated Negative Declaration
DRAFT RESOLUTION B
RESOLUTION OF THE CITY COUNCIL CERTIFYING
PROPOSED MITIGATED NEGATIVE DECLARATION 2007-0005
PREPARED FOR PLN 2099-1002 (ZONE CHANGE 2004-0091,
TENTATIVE PARCEL MAP 2004-0057 AND
CONDITIONAL USE PERMIT 2004-0140)
5190 Portola Road
(Nolan)
WHEREAS, an application has been received from Ed Nolan, 5190 Portola Road,
Atascadero, CA 93422 (Applicant and Property Owner), to consider a project consisting of a
Zone Change from RSF-Z (Residential Single-Family-Z) to RSF-Z/PD16 (Residential Single-
Family-Z with a Planned Development Overlay-16) with corresponding Master Plan of
Development and Tentative Parcel Map located at 5190 Portola Road Avenue, (APN 054-051-
021); and,
WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2007-0005
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 August 7, 2007 following the close of the review period to consider the Initial Study and
Proposed Mitigated Negative Declaration; and,
WHEREAS, the City Council held a public hearing on September 11, 2007 following
the close of the review period to consider the Initial Study and Proposed Mitigated Negative
Declaration; and,
NOW THEREFORE, the City Council of the City of Atascadero, hereby resolves to
certify Proposed Mitigated Negative Declaration 2007-0005 based on the following Findings,
and as shown in Exhibit A:
3. The Proposed Mitigated Negative Declaration has been completed in compliance with
CEQA; and,
4. The Proposed Mitigated Negative Declaration was presented to the Planning
Commission, and the information contained therein was considered by the Planning
Commission, prior to recommending action on the project for which it was prepared; and,
59
5. The Proposed Mitigated Negative Declaration was presented to the City Council, and the
information contained therein was considered by the City Council, prior to taking action
on the project for which it was prepared; and,
6. The project does not have the potential to degrade the environment when mitigation
measures are incorporated into the project; and,
7. The project will not achieve short-term to the disadvantage of long-term environmental
goals; and,
8. The project does not have impacts which are individually limited, but cumulatively
considerable; and,
9. The project will not cause substantial adverse effects on human beings either directly or
indirectly; and,
On motion by Council Member and seconded by Council Member
the foregoing resolution is hereby adopted in its entirety by the
following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ADOPTED:
CITY OF ATASCADERO, CA
George Luna
Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Patrick Enright, City Attorney
*4W
60
Exhibit A Proposed Mitigated Negative Declaration 2007-0005
See Following
61
Exhibit A
CITY OF ATASCADER® RECEIVED
MOB,4000, APR 2', � 200?
JUL;E L.RODEWAL
COMMUNITY DEVELOPMENT DEPARTMENT U
� lerk
BY
Deputy
CITY OF ATASCADERO
---
NOTICE OF INTENT TO ADOPT MITIGATED NEGATIVE DECLARATION AND
PLANNING COMMISSION PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Atascadero Planning Commission will be holding a public
hearing to consider the following project and environmental determination. The public is encouraged to
attend.
Owner: Ed Nolan 5190 Portola Rd,Atascadero,CA 93422
Project Title: PLN 2099-1002/ZCH 2004-0091 /CUP 2004-0140/TPM 2004-0057
Project 5190 Portola Road,Atascadero,CA 93422
Location.: (San Luis Obispo County)APN 054-051-021
Project The proposed project consists of an application for a Planned Development to split a 3.02 gross acres
Description: lot with an existing single family residence into two lots. One lot would be 1.52 gross acres and the
other would be 1.50 gross acres.Also,located on the 1.50 acres lot,the project proposes a new,2205
square foot single family residence.The project proposes approximately 8,418 square feet of open
space.
General Plan Designation: Single FamilyRes:ri nein (SPR-7)
Zoning District: Residential Single Family(RSF-Z)
Environmental Begins: April 24,2007
Review Dates: Ends: May 14, 2007
Hearing Date: May 15, 2007
Hearing 6907 El Camino Real
Location: Atascadero, CA 93422
i
Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration
Environmental is proposed. The proposed Mitigated Negative Declaration is available for public
Determination: review from April 24, 2007 through May 14, 2007 at 6907 El Camino ReaL
Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through
Friday.
Anv interested person may review the proposed Mitigated Negative Declaration and project files. Questions should
be direc d to Kerry Irgason, Associate Planner at 461-5000, ext 3442.
�-lfz.
Steveth G.Mc s,do,mmunury Development Deputy Director Date
Filo,c.qa p-1,rd 5190 Print Darr 04(14/079:49 AM
6907 EL CAMINO REAL • ATASCADERO,CA 93422 • (805)461-5000 •FAX 461-7612
62
CITY OF ATASCADERlow
O
DRAFT MITI GATED
NEGATIVE DECLARATION #2007-0005
6907 El Camino Real Atascadero, CA 93422 805/461-5000
Owner: Ed Nolan 5190 Portola Rd,Atascadero,CA 93422
Project Title: PLN 2099-1002/ZCH:2004-0091/CUP 2004-0140/TPM 2004-0057
Project 5190 Portola Road,Atascadero,CA 93422
Location: San Luis Obispo County APN 054-051-021
Project The proposed project consists of an application for a Planned Development to split a 3.02 gross acres
Description: lot with an existing single family residence into two lots.One lot would be 1.52 gross acres and the
other would be 1.50 gross acres.Also,located on the 1.50 acres lot,the project proposes a new 2205
square foot new single family residence.The project proposes approximately 8,418 square feet of
open space.
General Plan Designation: Single Family Residential(SFR-Z)
Zoning District:Residential Single Family(RSF-Z)
Findings:
1. The project does not have the potential to degrade the environment.
2. The project will not achieve short-term to the disadvantage of long-term environmental goals.
3. The project does not have impacts which are individually limited,but cumulatively considerable.
4. The project will not cause substantial adverse effects on human beings either directly or indirectly.
Determination:
Based on the above findings,and the information contained in the initial study 2007-0005 (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 adverse impact on the environment when the following proposed mitigation measures are incorporated
into the project(see attachment).
Prepared By: Kerry Margason,Associate Planner
Date Posted: April 24, 2007
Public Review Ends: May 14,2007
Attachments: - Location Map
- Aerial Map
- Tentative Parcel Map
- Preliminary Site/Grading/Landscape Plan
- Open Space Map
- Floor Plan
- Elevations(2 sheets)
Ric:cma po la rd 519OAm Prim Dam:04114/0711:15 AM
6907 EL CAMINO REAL• ATASCADERO, CA 93422 • (805)461-5000•FAX 461-7612
63
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ftw Mme' CITY 0FATASCADERE
INITIAL, STUDY
ENVIRONMENTAL CHECKLIST FORM
Environmental Review 2007-0005
Owner Ed Nolan,5190 Portola Rd,Atascadero,CA 93422
Project Title: PLN 2099-1002/ZCH: 2004-0091 /CUP 2004-0140/TPM 2004-0057
Project 5190 Portola Road,Atascadero,CA 93422
Location: (San Luis Obispo County) APN 054-051-021
Project The proposed project consists of an application for a Planned Development to split a 3.02 gross acres
Description: lot with an existing single family residence into two lots.One lot would be 1.52 gross acres and the
other would be 1.50 gross acres. Also, located on the 1.50 acres lot,the project proposes a new,2205
Square
foot single family residence.The project proposes approximately 8,418 square feet of open
space.
General Plan Designation: Single Family Residential(SFR-Z)
Zoning District: Residential Single Family(RSF-Z)
Lead Agency Name City of Atascadero
and Address: 6907 El Camino Real, Atascadero, CA 93422
Contact Person and Kerry Margason, Associate Planner
Phone Number: City of Atascadero, 6907 El Camino Real,Atascadero, CA 93422
805/461-5000 Ext. 3442
General Plan I SFR-Z (Single Family Residential)
Designation:
Zoning: RSF-Z (Residential Single Family)
Surrounding Land North: RSF-Z Residential Single Family
Uses and Setting:
South: RSF-Z Residential Single Family
West: RS Residential Single Family
East: RSF-Z Residential Single Family
Other public None
agencies whose
approval is required
(e.g.,permits,financing
approval, or participation
agreement)
I
04/24107 cega portola rd 5190
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CITY OFATASCADERO
INITIAL STUDY
Attachment 1
Location Map
5190 Portola Read
Atascadero, CA
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0424/07 cega portola rd 5190
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INITIAL STUDY
Attachment 4
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04f24/07 ceqa portola rd 5190
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INITIAL STUDY
Attachment 5
Open Space Map
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Open Space Easement
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Proposed Building
Envelope (.5 acre)
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04124/07 ceqa poriala rd 5190
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CITY OF ATASCADERO
INITIAL STUDY
NOW Attachment 6
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04/24/07 cepa portola rd 5190
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A CITY OF ATASCADERO
INITIAL STUDY
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Attachment 7
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04/24/07 ceqa portola rd 5190
71
CITY OF ATAS CADER 0
INITIAL STUDY
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Rear(West) Elevation
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Left (South) Elevation
Faces Flag Accessway
04/24/07 cega portola rd 5190
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y "'�yy
CITY OF ATASCADERO
INITIAL STUDY
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least
one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
❑ Aesthetics ❑ Agriculture Resources F-1
Air Quality
❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils
Hazards&Hazardous ❑ Hydrology/Water Quality ❑ Land Use/Planning
Materials
❑ Mineral Resources F-1 Noise
F-1Population/Housing
❑ Public Services ❑ Recreation ❑ Transportation/Traffic
❑ Utilities/ Service Systems F-1
Mandatory Findings of Significance
On the basis of this initial evaluation:
❑ 1 find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
® I find that although the proposed project could have a significant effect on the environment,there will
not be a significant effect in this case because the mitigation measures described on an attached sheet have
been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared.
❑ I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
❑ I find that the proposed project MAY have a "potentially significant effect" or "potentially significant
unless mitigated" impact on the environment, but at least one effect 1)has been adequately analyzed in an
earlier document pursuant to applicable legal standards,and 2)has been addressed by mitigation measures
based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT
REPORT is required,but it must analyze only the effects that remain to be addressed.
❑ 1 find that although the proposed project could have a significant effect on the environment,there
WILL NOT be a significant effect in this case because all potentially significant effects (a)have been
analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards
and (b)have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION;
including revisions or mitigation measures that are imposed upon the proposed project.
1 1f f
err} Margarson
Associ4te Plame
0424/07 cega porlole rd 5190
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/may
7 '
CITY OFATASCADERO
INITIAL STUDY
%ar
EVALUATION OF ENVIRONMENTAL IMPACTS:
1) A brief explanation is required for all answers except"No Impact" answers that are adequately supported by the
information sources a Lead Agency cites following each question. A "No Impact"answer is adequately
supported if the referenced information sources show that the impact simply does not apply to projects like the
one involved(e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained
where it is based on project-specific factors as well as general standards (e.g. the project will not expose
sensitive receptors to pollutants,based on a project-specific screening analysis).
2) All answers must take account of the whole action involved, including off-site as well as on-site,cumulative as
well as project-level, indirect as well as direct,and construction as well as operational impacts.
3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If
there are one or more'Potentially Significant Impact" entries when the determination is made, an EIR is
required.
4) 'Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures
has reduced an effect from'Potentially Significant Impact" to a "Less than Significant Impact." The Lead
Agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than
significant level (mitigation measures from Section XVII, "Earlier Analyses,"may be cross-referenced).
5) Earlier analyses may be used where,pursuant to the tiering,program EIR, or other CEQA process,an effect has
been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses
aree discussed in Section XVII at the end of the checklist.
NOW
6) Lead Agencies are encouraged to incorporate into the checklist references information sources for potential
impacts(e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document
should, where appropriate, include a reference to the page or pages where the statement is substantiated. A
source list should be attached. Other sources used or individuals contacted should be cited in the discussion.
04/24/07 cega portola rd 5190
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CITY OFATASCADERO
INITIAL STUDY
Exhibit A Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
Plan
ZCH 2004-0091ICUP 2004-0140/TPM 2004-0057 BP:GradngPeanit PS:Building Services BP:Binding Pemtit BS:Building Services
TO Temporary FD:Fire Department
Occupancy PD:Police Departrnent
5190 Portola Road F:Finalinspection CE:Dry Engineer
F0:Final Occupancy WW:Wast8watff
CA City Abxney
AMWC:Water Camp,
Mitioation Measure 3.b.1: The project shall be conditioned to comply BP,GP BS,PS,CE 3.b.1
with all applicable District regulations pertaining to the control of fugitive
dust(PUA 0) as contained in sections 6.3,6.4 and 6.5 of the April 2003
Air Quality Handbook.
Section 6.3: Construction Equipment
• Maintain all construction equipment in proper tune according to
manufacturer's specifications.
• Fuel all off-road and portable diesel powered equipment, including
but not limited to bulldozers, graders, cranes, loaders, scrapers,
backhoes, generator sets, compressors, auxiliary power units,with
ARB certified motor vehicle diesel fuel (Non-taxed version suitable
for use off-road).
• Maximize to the extent feasible,the use of diesel construction
equipment meeting the ARB's 1996 or newer certification standard
for off-road heavy-duty diesel engines.
■ Install diesel oxidation catalysts (DOC),catalyzed diesels particulate
filters (CDPF)or other District approved emission reduction retrofit
services (Required for projects grading more than 4.0 acres of
continuously worked area).
Section 6.4: Activity Management Techniques
• Develop a comprehensive construction activity management plan
designed to minimize the amount of large construction equipment
operating during any given time period.
• Schedule of construction truck trips during non-peak hours to
reduce peak hour emissions.
• Limit the length of the construction workday period, if necessary.
• Phase construction activities, if appropriate.
Section 6.5: Fugitive PM10
All of the following measures shall be included on grading, demolition
and building plan notes:
• Reduce the amount of the disturbed area where possible.
• 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.
• All dirt stockpile areas should be sprayed daily as needed.
■ Permanent dust control measures identified in the approved project
re-vegetation and landscape plans should be implemented as soon
as possible following completion of any soil disturbing activities.
• 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.
04/24/07 ceqa portola rd 5190
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q/
CITY OF ATASCADERO
"• INITIAL STUDY
Exhibit A Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
ZCH 2004-0091/CUP 2004-0140/TPM 2004-0057 BP:Grading Pemt PS:Planning Services
BP:Building Pemwt BS:Building Services
TD:Terrpwary FD:Fire Depar4nent
Occupancy PD:Police Deparrnent
5190 Portola Road Fl:Final inspection CE:City Engineer
FO:Final Occupancy WW:Wastewater
CA Cory Awmey
AMWC:Water CArr¢.
• All disturbed soil areas not subject to re-vegetation should be
stabilized using approved chemical soil binder,jute netting, or other
methods approved in advance by the APCD.
• All roadways, driveways, sidewalks, etc, to be paved should be
completed as soon as possible. In addition, building pads'should
be laid as soon as possible after grading unless seeding or soil
binders are used.
• Vehicle speed for all construction vehicles shall not exceed 15 mph
on any unpaved surface at the construction site.
• 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 between top of load and top of trailer)in
accordance with CVC Section 23114.
• Install wheel washers where vehicles enter and exit unpaved roads
onto streets, or wash off trucks and equipment leaving the site.
• 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.
• The contractor or builder shall designate a person or persons to
monitor the dust control program and to order increased watering,
as necessary,to prevent transport of dust off site. The name and
telephone number of such persons shall be provided to the APCD
prior to land use clearance for map recordation and land use
clearance for finish grading of any structure.
Mitigation Measure 4.e.1: The grading pian shall identify tree protection BP,GP PS 4.e.1
fencing around the dripline of each existing on-site tree and/or native
shrub mass within 20 feet of construction activity.
Mitigation Measure 4.e.1: Grading and excavation and grading work BP,GP PS 4.e.1
shall be consistent with the City of Atascadero Tree Ordinance. Special
precautions when working around native trees include:
1. All existing trees outside of the limits of work shall remain.
2. Earthwork shall not exceed the limits of the project area.
3. Low branches in danger of being torn from trees shall be
pruned prior to any heavy equipment work being done.
4. Vehicles and stockpiled material shall be stored outside the
dripline of all trees.
5. All trees within the area of work shall be fenced for protection
with 4-foot chain link, snow or safety fencing placed per the
approved tree protection plan. Tree protection fencing shall be
in place prior to any site excavation or grading. Fencing shall
remain in place until completion of all construction activities.
6. Any roots that are encountered during excavation shall be
clean-cut by hand and sealed with an approved tree seal.
Mitioation Measure 4.e.2: An arborists report shall be required prior to BP,GP PS,BS 4.e.2
project implementation. The report shall identify each native tree
proposed for removal and each tree within the project area subject to
+ rrrpotential impact. The report shall provide recommendations for tree
04124/07 cecta ponola rd 5190
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CITY OF ATASCADERO
a INITIAL STUDY
Exhibit A Timing Responsibility Mitigation
/Monitoring Measure
Mitigation Monitoring Program
ZCH 2004-0091/CUP 2004-0140/YPM 2004-0057 GP:GradngPeml PS:%annigServng ices
BP:Building Pernut BS:Building Services
TO:Temporary FD:Fire Departnent
Occupancy PD:Police Department
5190 Portola Road Ft.Final inspection CE:City Engineer
F0:Final Occupancy WW:Wastewater
CA,City Attorney
AMWC:Water Comp.
pruning, tree protection of existing native trees to remain, and identify
native tree impact/replacement mitigation per the Atascadero Municipal
Code Section 9-11.105.
Mitigation Measure 5.d.1: Should any cultural resources be unearthed BP,GP PS,BS 5.d.1
during site development work,the provisions of CEQA-Section 15064.5,
will be followed to reduce impacts to a non-significant level.
Mitigation Measure 5.d.2: In the event of the accidental discovery or BP,GP PS,BS 5.d.2
recognition of any human remains,there shall be no further excavation
or disturbance of the site or any nearby area reasonably suspected to
overlie adjacent human remains until the coroner of the county in which
the remains are discovered has been contacted to determine that no
investigation of the cause of death is required, and to determine if the
remains are of Native American heritage. If the remains are of Native
American Heritage,the coroner shall contact the Native American
Heritage Commission within 24 hours.
Mitigation Measure 6.a.1: All construction on site shall comply with the BP BS,PS,CE 6.b.1
seismic construction standards for Seismic Construction Zone 4 per the
California 2001 Building Code.
Mitigation Measure 6.1b.1: All cut and fill slopes shall be hydro seeded BP IRS,PS,CE 6.b.1
with an appropriate erosion control method (erosion control blanket,
hydro-mulch, or straw mulch appropriately anchored) immediately after
completion of earthwork. All disturbed slopes shall have appropriate
erosion control methods in place. Duration of the project: The
contractor will be responsible for the clean up of any mud or debris that
is tracked onto public streets by construction vehicles.
Mitigation Measure 6.c.d.1: A soils report shall be required to be BP PS 6.C.1
submitted with a building permit by the building department.The building
plans will be required to follow the recommendations of the soils report
to assure safety for residents and buildings.
Mitigation Measure 8.e.f.1: The developer is responsible for ensuring BP,GP PS,BS,CE 8.e.f.1
that all contractors are aware of all storm water quality measures and
that such measures are implemented. Failure to comply with the
approved construction Best Management Practices will result in the
issuance of correction notices, citations,or stop orders.
Mitigation Measure 11.d.1: All construction activities shall comply with BP,GP PS,BS,CE 11.d.1
the City of Atascadero Noise Ordinance for hours of operation.
04/24/07 ceqa portola rd 5190
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sv CITY OFATASCADERO
'^ INITIAL STUDY
Initial Study 2007-0005 Potentially Less Than Less Than No
Significant Significant with Significant Impact
PLN 2099-10022CH 2004-0091/CUP 2004-0140/ impact Mitigation impact
Incorporation
TPM 2004-0057
5190 Portola Road
1. AESTHETICS--Would the project:
a) Have a substantial adverse effect on a scenic vista? F-1 171771
b) Substantially damage scenic resources, including, but not 1771
limited to,trees, rock outcroppings, and historic buildings
within a state scenic highway?
c) Substantially degrade the existing visual character or F-1 7 D Z
quality of the site and its surroundings?
d) Create a new source of substantial light or glare that
would adversely affect day or nighttime views in the area?
SOURCES: Project Description; Site Plan, Landscaping Plan, Floor Plans & Elevations, RTC Consulting Inc.;
Planning Staff Site Visit.
DISCUSSION:
1.a. The proposed project does not obscure a scenic vista.
1.b. The proposed project will not substantially damage scenic resources. The project site is not near a state scenic
highway and does not contain an historic structure.The project site will not disturb any rock outcroppings.
1.c. The proposed project is a Zone Change requesting a PD-16 Cluster, two lot subdivision resulting in lot sizes
err consistent with the character of the surrounding area.
1.d. A new single-family residence at this location is not expected to generate substantial light or glare. All lighting
will be residential in nature.
2.AGRICULTURAL RESOURCES: In determining whether
impacts to agricultural resources are significant
environmental effects, lead agencies may refer to the
California Agricultural Land Evaluation and Site Assessment
Model (1997) prepared by the California Dept.of
Conservation as an optional model to use in assessing
impacts on agriculture and farmland.Would the project:
a)Convert Prime Farmland, Unique Farmland, or Farmland 1771
of Statewide Importance (Farmland), as shown on the maps
prepared pursuant to the Farmland Mapping and Monitoring
Program of the California Resources Agency,to non-
agricultural use?
b) Conflict with existing zoning for agricultural use,or a Z
Williamson Act contract?
c) Involve other changes in the existing environment which, 171
due to their location or nature, could result in conversion of
Farmland,to non-agricultural use?
SOURCES: Land Use Element EIR;
DISCUSSION
2.a.) The property is not shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of
fir►' the California Resources Agency as prime farmland.
2.b.) The property is not under a Williamson Act contract.
04124107 Page 15 ceqa portola rd 5190
78
-' — CITY OF ATASCADERO
INITIAL STUDY
initial Study 2007-0005 Potentially Less Than Less Than No
Significant Significant with Significant Impact
PLN 2099-1002/ZCH 2004-0091/CUP 2004-0140/ Impact Mitigation Impact
Incorporation
TPM 2004-0057
5190 Portola Road
2.c.) The project will not result in the conversion of farmland to non-agricultural uses.
3.AIR QUALITY --The significance criteria established by
the Air Quality Control District in its CEQA Guidelines may
be relied upon to make the following determinations. Would
the project:
a)Conflict with or obstruct implementation of the applicable
air quality plan?
b)Violate any air quality standard or contribute substantially F-1 0
to an existing or projected air quality violation?
c)Result in a cumulatively considerable net increase of any 1
criteria pollutant for which the project region is non
attainment under an applicable federal or state ambient air
quality standard (including releasing emissions that exceed
quantitative thresholds for ozone precursors)?
d) Expose sensitive receptors to substantial pollutant Z
concentrations?
e)Create objectionable odors affecting a substantial number 17
of people?
SOURCES: Air Pollution Control District(APCD)CEQA Air Quality Handbook, Project Description; Site/Landscaping
Pian, RTC Consulting Inc.
DISCUSSION:
3.a.c.) This project will not affect or produce any significant air pollutants after completion of construction.
Construction activities, including site grading may produce small quantities of air pollution, including dust and
equipment exhaust. Any air quality impacts will be temporary and short term.
3.b.) Construction activities, including site grading may produce small quantities of air pollution, including dust and
equipment exhaust. Any air quality impacts will be temporary and short term.
3.d.) The construction of the project will not concentrate pollutants.
3.e.) The construction of the single family residence will not create objectionable odors.
Mitigation Measure 31.1: The project shall be conditioned to comply with all applicable District regulations pertaining
to the control of fugitive dust (PM-10)as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook.
Section 6.3: Construction Equipment
• Maintain all construction equipment in proper tune according to manufacturer's specifications.
• Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes,
loaders,scrapers, backhoes, generator sets, compressors, auxiliary power units,with ARB certified motor vehicle
diesel fuel (Non-taxed version suitable for use off-road).
• Maximize to the extent feasible,the use of diesel construction equipment meeting the ARB's 1996 or newer
certification standard for off-road heavy-duty diesel engines.
• Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF)or other District approved
emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked
area).
Section 6.4• Activity Management Techniques
04/24/07 Page 16 ceqa portoia rd 5190
79
*1_1
CITY OF ATASCADERO
' INITIAL STUDY
Initial Study 2007-0005 Potentially Less Than Less Than No
Significant Significant with Significant Impact
PLN 2099-1002/ZCH 2004-0091/CUP 2004-0140/ Impact Mitigation Impact
Incorporation
TPM 2004-0057
5190 Portola Road
• Develop a comprehensive construction activity management plan designed to minimize the amount of large
construction equipment operating during any given time period.
• Schedule of construction truck trips during non-peak hours to reduce peak hour emissions.
• Limit the length of the construction workday period, if necessary.
• Phase construction activities, if appropriate.
Section 6.5: Fugitive PM10
All of the following measures shall be included on grading, demolition and building plan notes:
• Reduce the amount of the disturbed area where possible.
• 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.
• All dirt stockpile areas should be sprayed daily as needed.
• Permanent dust control measures identified in the approved project re-vegetation and landscape plans should be
implemented as soon as possible following completion of any soil disturbing activities.
• Exposed ground areas that are plann4ed 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.
• All disturbed soil areas not subject.to re-vegetation should be stabilized using approved chemical soil binder,jute
netting, or other methods approved in advance by the APCD.
• All roadways, driveways,sidewalks,etc, to be paved should be complete as soon as possible. In addition,
building pads should be laid as soon as possible after grading unless seeding or soil binders are used.
• Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction
site.
• 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 between top of load and top of trailer)in accordance with CVC Section
23114.
• Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment
leaving the site.
• 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.
• The contractor or builder shall designate a person or persons to monitor the dust control program and to order
increased watering, as necessary,to prevent transport of dust off site. The name and telephone number of such
persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance
for finish grading of any structure.
4. BIOLOGICAL RESOURCES—Would the project:
a) Have a substantial adverse effect, either directly or D 1
through habitat modifications,on any species identified as a
candidate, sensitive, or special status species in local or
regional plans, policies,or regulations,or by the California
Department of Fish and Game or U.S.Fish and Wildlife
Service?
b) Have a substantial adverse effect on any riparian habitat 17
or other sensitive natural community identified in local or
regional plans, policies, or regulations or by the California
Department of Fish and Game or US Fish and Wildlife
Service?
c) Have a substantial adverse effect on federally protected Z
wetlands as defined by Section 404 of the Clean Water Act
(including, but not limited to, marsh,vernal pool, coastal,
04/24/07 Page 17 ceqa portola rd 5190
80
- CITY OF ATAS CADER 0
INITIAL STUDY
Potentially Less Than Less Than No
Initial Study 2007-0005
Significant Significant with Significant Impact
PLN 2099-1002/ZCH 2004-0091/CUP 2004-0140/ Impact Mitigation Impact
Incorporation
TPM 2004-0057
5190 Portola Road
etc.)through direct removal,filling, hydrological interruption,
or other means?
d) Interfere substantially with the movement of any native
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors, or
impede the use of native wildlife nursery sites?
e) Conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy or
ordinance?
f)Conflict with the provisions of an adopted Habitat 17
Conservation Plan, Natural Community Conservation Plan,
or other approved local, regional, or state habitat
conservation plan?
SOURCES: Project Description-Photos; Land Use Element EIR, Site Plan, Floor Plans & Elevations,RTC Consulting
Inc.; Planning Staff Site Visit;
DISCUSSION:
4.a.) No sensitive species have been found near the site.
4.1b.) The project will not involve construction in a riparian habitat.
4.c.) There are no wetlands on the project site.
4.d.) The Land Use Element EIR concludes that development within the city limits will not have a significant impact
on wildlife or wildlife corridors.
4e.f.)The proposed project will not conflict with local policies or ordinances protecting biological resources nor will it
conflict with any conservation plans. As the project is proposed, native trees will not be impacted. However, if the
project design changes,the following mitigation measures will be implemented.
Mitigation Measure 4.e.1: The grading plan shall identify tree protection fencing around the dripline of each existing
on-site tree andlor native shrub mass within 20 feet of construction activity.
Mitigation Measure 4.e.1: Grading and excavation and grading work shall be consistent with the City of Atascadero
Tree Ordinance. Special precautions when working around native trees include:
7. All existing trees outside of the limits of work shall remain.
8. Earthwork shall not exceed the limits of the project area.
9. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being
done.
10. Vehicles and stockpiled material shall be stored outside the dripline of all trees.
11. All trees within the area of work shall be fenced for protection with 4-foot chain link, snow or safety fencing
placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site
excavation or grading. Fencing shall remain in place until completion of all construction activities.
12. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved
tree seal.
Mitigation Measure 4.e.2: An arborists report shall be required prior to project implementation. The report shall
identify each native tree proposed for removal and each tree within the project area subject to potential impact. The
report shall provide recommendations for tree pruning,tree protection of existing native trees to remain, and identify
native tree impact/replacement mitigation per the Atascadero Municipal Code Section 9-11.105.
5. CULTURAL RESOURCES --Would the project:
a) Cause a substantial adverse change in the significance of
04124107 Page 18 cega ponola rd 5190
-81
N*10'. CITY OF ATASCADERO
INITIAL STUDY
Potentially Less Than Less Than No
Initial Study 2007-0005
Significant Significant with Significant Impact
PLN 2099-1002/ZCH 2004-0091/CUP 2004-0140/ Impact Mitigation Impact
Incorporation
TPM 2004-0057
5190 Portola Road
a historical resource as defined in'15064.5?
b) Cause a substantial adverse change in the significance of
an archaeological resource pursuant to '15064.5?
c) Directly or indirectly destroy a unique pale-ontological
resource or site or unique geologic feature?
d) Disturb any human remains, including those interred
outside of formal cemeteries?
SOURCES: Project Description-Photos; Planning Staff Site Visit; Land Use Element EIR;
DISCUSSION:
5.a.b.c.d.) No known historical, archeological or cultural sites have been found or documented in the vicinity of the
project.
Mitigation Measure 5.d.1: Should any cultural resources be unearthed during site development work,the provisions
of CEQA-Section 15064.5,will be followed to reduce impacts to a non-significant level.
Mitigation Measure 5.d.2: In the event of the accidental discovery or recognition of any human remains,there shall be
no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human
1,111111111101 remains until the coroner of the county in which the remains are discovered has been contacted to determine that no
investigation of the cause of death is required, and to determine if the remains are of Native American heritage. If the
remains are of Native American Heritage,the coroner shall contact the Native American Heritage Commission within
24 hours.
F6. GEOLOGY AND SOILS --Would the project:
a) Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury,or death
involving:
i)Rupture of a known earthquake fault, as delineated
on the most recent Alquist-Priolo Earthquake Fault
Zoning Map issued by the State Geologist for the area
or based on other substantial evidence of a known
fault? Refer to Division of Mines and Geology Special
Publication 42.
ii)Strong seismic ground shaking?
iii)Seismic-related ground failure, including 17
liquefaction?
iv)Landslides?
b) Result in substantial soil erosion or the loss of topsoil? 17
LLJ
„r c) Be located on a geologic unit or soil that is unstable,or
that would become unstable as a result of the project, and
04/24/07 Page 19 cega portola rd 5190
82
CITY OF ATASCADERO
* INITIAL STUDY
Initial Study 2007-0005 Potentially Less Than Less Than No
Significant Significant with Significant Impact
PLN 2099-1002/ZCH 2004-0091/CUP 2004-0140/ Impact Mitigation Impact
TPM 2004-0057 Incorporation
5190 Portola Road
potentially result in on-or off-site landslide, lateral
spreading, subsidence, liquefaction or collapse?
d) Be located on expansive soil, as defined in Table 18-1-B F7 ❑
of the Uniform Building Code(1994), creating substantial J
risks to life or property?
e) Have soils incapable of adequately supporting the use of ❑ F
septic tanks or alternative wastewater disposal systems
where sewers are not available for the disposal of
wastewater?
SOURCES: Project Description; Planning Staff Site Visit; Land Use Element EIR, Project Description; Site Plan,RTC
Consulting Inc., Grading and drainage Plan, Soils Report.
DISCUSSION:
6.a. The City of Atascadero is located in the Salinian domain of the Coast Range geomorphic province of California.
This domain is relatively quiet in terms of seismic activity. The San Andreas Fault zone lies approximately 30 miles
to the west of the City,with the San Simeon-Hosgri Fault about 19 miles to the east. These faults are considered
active. in addition,the Rinconada Fault which is considered"potentially active"lies to the southeast and the
Nacimiento Fault zone is approximately 3 miles to the west of the City. The Nacimiento Fault is considered inactive.
This places the Atascadero community in a"moderate" hazard zone for seismic activity. The project site is not
located in an area subject to liquefaction or landslide.
6.b. Construction activities on the site will be required to comply with sedimentation and erosion control measures
prescribed by the City Engineer.
6.c.d.e Soil conditions will be reviewed during building permit review in accordance with the municipal code.The
property contains no unusual geological formations. Percolation tests are required in the City of Atascadero before
building permits for residences can be issued.
Mitigation Measure 6.a.1: All construction on site shall comply with the seismic construction standards for Seismic
Construction Zone 4 per the California 2001 Building Code.
Mitigation Measure 6.b.1: All cut and fill slopes shall be hydro seeded with an appropriate erosion control method
(erosion control blanket, hydro-mulch, or straw mulch appropriately anchored)immediately after completion of
earthwork. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The
contractor will be responsible for the clean up of any mud or debris that is tracked onto public streets by construction
vehicles.
Mitioation Measure 6.c.d.1: A soils report shall be required to be submitted with a building permit by the building
department. The building plans will be required to follow the recommendations of the soils report to assure safety for
residents and buildings.
7. HAZARDS AND HAZARDOUS MATERIALS --Would the
project:
a) Create a significant hazard to the public or the El Elenvironment through the routine transport, use, or disposal
of hazardous materials?
b) Create a significant hazard to the public or the ❑ ❑
environment through reasonably foreseeable upset and
accident conditions involving the release of hazardous
materials into the environment?
04124107 Page 20
cega portola rd 5790
83
CITY OFATASCADER0
IMTIAL S=Y
Initial Study 2007-0005 Potentially Less Than Less Than No
Significant Significant with Significant Impact
PLN 2099-1002/ZCH 2004-0091/CUP 2004-0140/ impact Mitigation Impact
Incorporation
TPM 2004-0057
5190 Portola Road
c) Emit hazardous emissions or handle hazardous or acutely
hazardous materials, substances, or waste within one-
quarter mile of an existing or proposed school?
d) Be located on a site which is included on a list of F-1 7
hazardous materials sites compiled pursuant to Government
Code Section 65962.5 and, as a result, would it create a
significant hazard to the public or the environment?
e) For a project located within an airport land use plan area F
or,where such a plan has not been adopted,within two
miles of a public airport or public use airport,would the
project result in a safety hazard for people living or working
in the project area?
f) For a project within the vicinity of a private airstrip,would Z
the project result in a safety hazard for people living or
working in the project area?
g) Impair implementation of or physically interfere with an
adopted emergency response plan or emergency
evacuation plan?
h) Expose people or structures to a significant risk of loss, 1771
injury or death involving wildland fires, Including where
wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands?
SOURCES: Project description, General Plan Land Use Element; Planning Staff Site Visit;
DISCUSSION
7a.b.c.)The project is not anticipated to generate or involve use of significant amounts of hazardous materials.There
are no known hazardous materials on the site or nearby.
7.d.) The property is not a listed hazardous material site.
7e.f.)The property is not near an airport.
7g.h.)The site is within the Fire Department's five-minute or less response area.
8. HYDROLOGY AND WATER QUALITY--Would the
project:
a)Violate any water quality standards or waste discharge
requirements?
b) Substantially deplete groundwater supplies or interfere Z
substantially with groundwater recharge such that there
would be a net deficit in aquifer volume or a lowering of the
local groundwater table level (e.g., the production rate of
previously-existing nearby wells would drop to a level that
would not support existing land uses or planned uses for
which permits have been granted)?
c) Substantially alter the existing drainage pattern of the site 1771
or area, including through the alteration of the course of a
stream or river, in a manner which would result in
substantial erosion or siltation on-or off-site?
04124r07 Page 21 cepa portola rd 5190
84
it
CITY OFATASCADERO
INITIAL S T UDY
Initial Stud 2007-0005 Significant
Less Than Less Than No
Study Significant Significant with Significant Impact
PLN 2099-1002/ZCH 2004-0091/CUP 2004-0140/ Impact Mitigation Impact
Incorporation
TPM 2004-0057
5190 Portola Road
d) Substantially alter the existing drainage pattern of the site
or area, including through the alteration of the course of a
stream or river, or substantially increase the rate or amount
of surface runoff in a manner that would result in flooding
on-or off-site?
e) Create or contribute runoff water which would exceed the n
capacity of existing or planned stormwater drainage systems —I
or provide substantial additional sources of polluted runoff?
f) Otherwise substantially degrade water quality?
g) Place housing within a 100-year flood hazard area as 1771
—❑
mapped on a federal Flood Hazard Boundary or Flood
Insurance Rate Map or other flood hazard delineation map?
h) Place within a 100-year flood hazard area structures that ❑ F-1 Z
would impede or redirect flood flows?
i) Expose people or structures to a significant risk of loss,
injury or death involving flooding, including flooding as a
result of the failure of a levee or dam?
j) Inundation by seiche,tsunami, or mudflow? 17
SOURCES: Project description, Flood Insurance Rate Map 060700 0004 B (1/20/82); Site Pian, Floor Plans &
Elevations, RTC Consulting Inc.; Planning Staff Site Visit;Grading and Drainage Plan, Soils Report.
DISCUSSION:
8a.)The construction will not violate water quality standards.
8b.)The project will not deplete ground water supplies. Water will be provided by Atascadero Mutual Water
Company.
8c.d.e.f.)The project will not alter any drainage course. Construction activities are subject to review for compliance
with City drainage and grading regulations. Drainage will not be permitted to create or intensify any hazards for
persons or property in the vicinity.
8.g.h.i.) Future residential uses will be outside of the 100-year flood hazard area.
8.i.j.) The project area is not subject to innundation by a tsunami.
Mitigation Measure 8.e.f.1: The developer is responsible for ensuring that all contractors are aware of all storm water
quality measures and that such measures are implemented. Failure to comply with the approved construction Best
Management Practices will result in the issuance of correction notices, citations, or stop orders.
9. LAND USE AND PLANNING -Would the project:
a)Physically divide an established community? 17
J
b)Conflict with any applicable land use plan, policy,or [7 117/71
regulation of an agency with jurisdiction over the project
(including, but not limited to the general pian,specific pian,
local coastal program, or zoning ordinance)adopted for the
purpose of avoiding or mitigating an environmental effect?
c)Conflict with any applicable habitat conservation plan or
natural community conservation plan?
04124/07 Page 22 cega ponola rd 5190
85
CITY OF ATASCADERO
*iz
INITIAL STUDY
Initial Stud 2007-0005 Significant
Less Than Less Than No
Study Significant Significant with Significant Impact
PLN 2099-1002/ZCH 2004-0091/CUP 2004-0140/ Impact Mitigation impact
Incorporation
TPM 2004-0057
5190 Portola Road
SOURCES: Land Use Element, Circulation Element, project description, Land Use Element EIR; Project Plans, RTC
Consulting Inc.
DISCUSSION:
9.a.) The project will not physically divide an established community. The new parcel in the proposed location is
consistent and compatible with the surrounding neighborhood. As proposed, the project is consistent with the
General Plan and surrounding existing and future land uses.
9.b.) The proposed development is consistent with the City's General Plan Land Use and Housing elements.
9.c.)The project is consistent with the open space and conservation policies identified in the General Plan.
10. MINERAL RESOURCES --Would the proiect:
a) Result in the loss of availability of a known mineral
❑ F\7resource that would be of value to the region and the F1 ❑
residents of the state?
b) Result in the loss of availability of a locally-important ❑ ❑ ❑ ❑
mineral resource recovery site delineated on a local general
plan, specific plan or other land use plan?
SOURCES: Project Description-Photos; Planning Staff Site Visit.
DISCUSSION:
10.a.b.) No mining is proposed as a part of this project. No known mineral resources have been identified in the area.
11. NOISE--Would the project result in:
a) Exposure of persons to or generation of noise levels in ❑ ❑ ❑ ❑
excess of standards established in the local general plan or
noise ordinance, or applicable standards of other agencies?
b) Exposure of persons to or generation of excessive ❑ ❑ ❑ ❑
ground-borne vibration or ground-borne noise levels?
c)A substantial permanent increase in ambient noise levels ❑ ❑ 1771
❑
in the project vicinity above levels existing without the
project?
d)A substantial temporary or periodic increase in ambient ❑ ® ❑ ❑
noise levels in the project vicinity above levels existing
without the project?
e) For a project located within an airport land use plan or, ❑ ❑ ❑ ❑
where such a plan has not been adopted,within two miles of
a public airport or public use airport,would the project
expose people residing or working in the project area to
excessive noise levels?
f)For a project within the vicinity of a private airstrip,would ❑ ❑ ❑ ❑
the project expose people living or working in the project
04r24107 Page 23 cega portola rd 5190
86
CIT/'OF ATASCADER0
' INITIAL STUDY
Potentially Less Than Less Than No
Initial Study 2007-0005 Significant Significant with Significant Impact
PLN 2099-1002/ZCH 2004-0091/CUP 2004-0140/ Impact Mitigation Impact
Incorporation
TPM 2004-0057
5190 Portola Road
area to excessive noise levels?
SOURCES: Project description, Noise Element, Noise Ordinance,Acoustical Design Manual;
DISCUSSION:
11 a.b.c.d.) Construction is expected to involve some heavy machinery and use of impact tools that make noise.
Noise levels on the site are thus expected to be raised temporarily. The future restaurant use is not expected to
cenerate unacceptable levels of noise to future adjacent commercial uses. The project is located on a vacant pad in
an existing shopping center.
11.e.f.) The project is not located within an airport land use plan or private airstrip.
Mitiaation Measure 11.d.1: All construction activities shall comply with the City of Atascadero Noise Ordinance for
hours of operation.
F12- POPULATION AND HOUSING--Would the project:
a) Induce substantial population growth in an area, either 17
directly (for example, by proposing new homes and
businesses)or indirectly (for example,through extension of
roads or other infrastructure)?
b)Displace substantial numbers of existing housing, 1
necessitating the construction of replacement housing u
elsewhere?
c)Displace substantial numbers of people, necessitating the
construction of replacement housing elsewhere? �—JJ
SOURCES: Project description, General Pian Land Use Element;
DISCUSSION:
12. a,b,c. The General Plan identifies this area as Single Family Residential.The site is currently developed with an
existing residence and a second unit is proposed. There will be not be any displacement of existing residents or a
decrease in residential units.
13. PUBLIC SERVICES
a)Would the project result in substantial adverse physical
impacts associated with the provision of new or physically
altered governmental facilities,need for new or physically
altered governmental facilities,the construction of which
could cause significant environmental impacts, in order to
maintain acceptable service ratios, response times or other
performance objectives for any of the public services:
17
Fire protection? ❑
Police protection? z
Schools? F-1 7
04/24/07 Page 24 ceqa ponola rd 5190
87
CITY OF ATASCADERO
* INIML STUDY
Initial Stud 2QQ7-0005 Potentially Less Than Less Than No
Study Significant Significant with Significant Impact
PLN 2099-1002/ZCH 2004-0091/CUP 2004-0140/ Impact Mitigation Impact
Incorporation
TPM 2004-0057
5190 Portoia Road
Parks? 1771
Other public facilities? 177
SOURCES: Project description, Land Use Element EIR;
DISCUSSION:
Development Impact Fees: Development Impact Fees will be required of any new project for which a building permit
is issued. The concept of the impact fee program is to fund and sustain improvements which are needed as a result
of new development as stated in the General Plan and other policy documents within the fee program. Development
Impact Fees fall into the following categories: Drainage Fees; Streets, Road, Bridge Fees; Sewer Fees; Public Safety
Fees; and Park Fees, Miscellaneous Fees. The amount of impact fees to be paid will be determined at the time of
issuance of building permit.
Fire and Police: impact fees are charged for new development,to help pay the cost of providing new facilities to
serve the expanding city.The Fire Department of the City of Atascadero has indicated that it will be able to
adequately service the proposed project. The applicant shall comply with all requirements of the Fire Department.
The City of Atascadero Police Department has also indicated that the proposed project poses no problems to the
police to adequately service it.
Other public facilities: The construction of the project is not expected to have significant impacts on any other public
facilities.
14. RECREATION -
a)Would the project increase the use of existingn 17
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of the
facility would occur or be accelerated?
b)Does the project include recreational facilities or require z
the construction or expansion of recreational facilities that
might have an adverse physical effect on the environment?
SOURCES: Project description, Parks and Recreation Element;
DISCUSSION:
14.a.) The proposed development will not increase demand on existing recreational facilities.
14.b.) The project does not involve construction of recreational facilities.
F15.TRANSPORTATION/TRAFFIC —Would the project:
a)Cause an increase in traffic that is substantial in relation
to the existing traffic load and capacity of the street system
(i.e., result in a substantial increase in either the number of
vehicle trips,the volume to capacity ratio on roads, or
congestion at intersections)?
b) Exceed, either individually or cumulatively,a level of F-1 7 X
service standard established by the county congestion
management agency for designated roads or highways?
04/24/07
Page 25 cepa portola rd 5190
p-p
00
iiW—i CITY OF ATASCADERO
INITE4L STUDY
Initial Study 2007-0005 Potentially Less Than Less Than No
Significant Significant with Significant Impact
PLN 2099-1002/ZCH 2004-0091/CUP 2004-0140/ Impact Mitigation Impact
Incorporation
TPM 2004-0057
5190 Portola Road
c) Result in a change in air traffic patterns, including either
an increase in traffic levels or a change in location that
results in substantial safety risks?
d)Substantially increase hazards due to a design feature
(e.g., sharp curves or dangerous intersections)or
incompatible uses(e.g.,farm equipment)?
e) Result in inadequate emergency access? ❑ IN
f) Result in inadequate parking capacity?
g)Conflict with adopted policies, plans, or programs 17/71
supporting alternative transportation (e.g., bus turnouts,
bicycle racks)?
SOURCES: Land Use Element, Circulation Element; Project Plans, RTC Consulting Inc.
DISCUSSION:
15a.b.)The Circulation Element(CE) anticipates an increase in new development in this area. The CE incorporates
mitigation for effects from increased traffic.The net increase in project-related traffic is considered less than
significant.
15.c.) There will be no change to existing air traffic patterns.
15.d.) The project's access will have adequate site distance from Morro road.
15.e.) The project will have adequate emergency access from Morro road.
15.f.) Adequate parking will be provided on-site based on the AMC requirements for general office use.
15.g.) The project does not conflict with adopted policies, plans,or programs supporting alternative transportation.
16. UTILITIES AND SERVICE SYSTEMS --Would the
project:
a)Exceed wastewater treatment requirements of the 17
applicable Regional Water Quality Control Board?
b)Require or result in the construction of new water or 17
wastewater treatment facilities or expansion of existing
facilities,the construction of which could cause significant
environmental effects?
c) Require or result in the construction of new storm water 1
drainage facilities or expansion of existing facilities,the
construction of which could cause significant environmental
effects?
d)Have sufficient water supplies available to serve the
project from existing entitlements and resources,or are new
or expanded entitlements needed?
e)Result in a determination by the wastewater treatment ❑ F1provider that serves or may serve the project that it has
adequate capacity to serve the project's projected demand
in addition to the provider's existing commitments?
04124/07 Page 26 ceqa portola rd 5190
89
r CITY OFATASCADER0
INITIAL STUDY
Ir+ Initial Stud 2007-0005 Potentially Less Than Segs Than No
Study Significant Significant with Significant Impact
PLN 2099-1002/ZCH 2004-0091/CUP 2004-0140/ Impact Mitigation Impact
incorporation
TPM 2004-0057
5190 Portola Road
f)Be served by a landfill with sufficient permitted capacity to z
accommodate the project's solid waste disposal needs?
g) Comply with federal, state, and local statutes and
regulations related to solid waste?
SOURCES: Project description, Land Use Element(LUE) EIR; Project Plans, RTC Consulting Inc..
DISCUSSION:
Water. The Atascadero Mutual Water Company(AMWC)will provide water. All property within the city limits is
entitled to water from the AMWC. The project is not expected to require significant quantities of water for the
proposed uses.
Water is pumped from two portions of the largest underground basin in the county,the Paso Robles Formation, using
a series of shallow and deep wells.The water company anticipates that it will be able to meet the city's needs through
buildout and beyond:
Water demand at buildout under the LUE is estimated at about 8,500 acre-feet per year(AFY).The total available
groundwater supply greatly exceeds demand,according to the findings of the Long-Term Viability of Water study.
However,the water company does not currently have the deep wells needed to tap into the total amount needed at
buildout. The water company is currently developing plans for installing wells where they will be most effective and
will not conflict with water rights of others. According to the Water Company,development of additional wells is
expected to keep pace with construction in the city, so that water supply will not be interrupted.
Sewer. Sewer discharge will be handled by an on site septic system.
Storm Water. On-site storm water drainage has been designed to flow into the existing EI Camino Real drainage
facilities.The existing facilities have been designed to handle run-off from this site at buildout.
17. MANDATORYFINDIN�SOSIGNIFICANCE--
a) Does the project have the potential to degrade the quality 17
of the environment, substantially reduce the habitat of a fish
or wildlife species, cause a fish or wildlife population to drop
below self-sustaining levels,threaten to eliminate a plant or
animal community, reduce the number or restrict the range
of a rare or endangered plant or animal or eliminate
important examples of the major periods of California history
or prehistory?
b) Does the project have impacts that are individually L_J
limited, but cumulatively considerable? ("Cumulatively u
considerable" means that the incremental effects of a
project are considerable when viewed in connection with the
effects of past projects,the effects of other current projects,
and the effects of probable future projects)?
c) Does the project have environmental effects that will
cause substantial adverse effects on human beings, either
directly or indirectly?
DISCUSSION: The proposed project consists of an application for a Zone Change to add a PD 16 Cluster
' subdivision designation over a proposed 2 lot subdivision. There is an existing residence on the property which
will remain and a proposal for a new residential unit on the newly created parcel if the project is approved.
Page 27 cega ponola rd 5190
04/24/07
90
CITY OF ATASCADERO
4 W11'J INITIAL STUDY
SOURCES:
General Plan Land Use Element, City of Atascadero, 2002
Zoning Ordinance,part of Municipal Code, City of Atascadero,as amended through 1999.
Land Use Element Environmental Impact Report, Crawford, Multari, & Clark, adopted 2002
CEQA Handbook, Air Quality Control District, August 1995
General Plan Safety Element, City of Atascadero,2002
General Plan Circulation Element, 2002
General Plan Noise Element, adopted 2002
Acoustical Design Manual, Brown-Buntin Associates, 1991
Noise Ordinance, City of Atascadero, 1992
Guide for Developers,Atascadero Fire Department, 1998 draft
Flood Insurance Rate Map, community-panel number 060700 0004 B, Federal Emergency Management Agency,
January 20, 1982
Trip Generation, Institute of Traffic Engineers
PROJECT-SPECIFIC SOURCES:
Project description includes the following:
• Project Plans, RTC Consulting Inc.
04r2410 Page 28 cepa portota rd 5190
91
ATTACHMENT 5: Draft Ordinance A
Approval of Proposed PD-16 Overlay
DRAFT ORDINANCE A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADER09 CALIFORNIA, APPROVING ZONE CHANGE 2004-00919
AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF
APN 054-051-021 FROM RSF-Z (RESIDENTIAL SINGLE-FAMILY — Z)
TO RSF-Z/PD-16 (RESIDENTIAL SINGLE-FAMILY — Z/ PLANNED
DEVELOPMENT OVERLAY-16)
5190 Portola Road
(Nolan)
WHEREAS, an application has been received from Ed Nolan, 5190 Portola Road,
Atascadero, CA 93422 (Applicant and Property Owner), to consider a project consisting of a
Zone Change from RSF-Z (Residential Single-Family-Z) to RSF-ZIPD16 (Residential Single-
Family-Z with a Planned Development Overlay-16) with corresponding Master Plan of
Development and Tentative Parcel Map located at 5190 Portola Road Avenue, (APN 054-051-
021); and,
r WHEREAS, the site's General Plan Designation is SFR-Z (Single-Family Residential-
Z); and,
WHEREAS, the site's current zoning district is RSF-Z (Residential Single-Family —Z;
1.5 to 2.5 acre minimum); and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0005 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 laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, the City Council has determined that it is in the best interest of the City to
enact this amendment to the Official Zoning Map to protect the health, safety, and welfare of its
citizens by applying orderly development of the City; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone
Change application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said Zoning Amendments;
and the Planning Commission recommended denial of the project; and,
92
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on September 11, 2007, studied and considered Zone Change 2004-0091 (PLN 2099-1002),
after first studying and considering the Proposed Mitigated Negative Declaration prepared for the
project, and,
NOW, THEREFORE, the City Council of the City of Atascadero takes the following
actions:
SECTION 1. Findings for Approval of a Zone Change to the Official Zoning Map of
Atascadero Changing the existing site zoning to RSF-Z/ PD-16. The Planning Commission
finds as follows:
1. Modification of development standards or processing requirements is warranted to
promote orderly and harmonious development.
2. 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.
3. Benefits derived from the overlay zone cannot be reasonably achieved through
existing development standards or processing requirements.
4. The proposed project offers certain redeeming features to compensate for the
requested zone change.
5. The project site includes an open space easement.
6. The intent and purpose of the PD-16 Overlay includes providing relief from the
City's Subdivision Ordinance regulating flag lots (Section 11-6.26 of the City's
Municipal Code).
7. Modification of the 3:1 depth to width ratio requirement of the City's Subdivision
Ordinance is necessary based on the size and shape of the property and different
property ownerships which reduce access to the public road.
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular
session assembled on August 7, 2007, introduced for first reading by title only, an ordinance that
would rezone the subject site consistent with the following:
1. Exhibit A: Location Map/Zone Map Amendment Diagram
93
On motion by Council Member and seconded by Council Member
the foregoing resolution is hereby adopted in its entirety by the
following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ADOPTED:
CITY OF ATASCADERO, CA
George Luna
Mayor
ATTEST:
vftr
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Patrick Enright, City Attorney
94
Exhibit A: Location Map/Zone Map Amendment Diagram
r
�v
i
r�
Existing Designation:
- Medium Density Residential
- Residential Multi-family- 10
Proposed Designation:
- Medium Density Residential
-Residential Multi-Family-10/PD-16
95
ATTACHMENT 6: Draft Resolution C
VOW Approval of Proposed Master Plan of Development (CUP)
DRAFT RESOLUTION C
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, APPROVING
CONDITIONAL USE PERMIT 2004-0140
MASTER PLAN OF DEVELOPEMNT
ON APN 054-051-021
5190 Portola Road
(Nolan)
WHEREAS, an application has been received from Ed Nolan, 5190 Portola
Road, Atascadero, CA 93422 (Applicant and Property Owner), to consider a project consisting of
a Zone Change from RSF-Z (Residential Single-Family-Z) to RSF-ZIPD16 (Residential Single-
Family-Z with a Planned Development Overlay-16) with corresponding Master Plan of
Development and Tentative Parcel Map located at 5190 Portola Road Avenue, (APN 054-051-
021); and,
WHEREAS, the Planning Commission, at a public hearing held on August 7, 2007, has
Nftwrecommended that the City Council deny the request to change the site's Zoning District from
RSF-Z (Residential Single-Family-Z) to RSF-Z with PD16 (Residential Single-Family-Z with a
Planned Development Overlay-16); and,
WHEREAS, the Planned Development-16 Overlay Zone requires the adoption of a
Master Plan of Development, approved in the form of a Conditional Use Permit; and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0005 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, a timely and properly noticed Public Hearing upon the subject Conditional
Use Permit application was held by the City Council of the City of Atascadero at which hearing
evidence, oral and documentary, was admitted on behalf of said Master Plan of Development;
and,
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on September 11, 2007 studied and considered the Conditional Use Permit 2004-0140
(Master Plan of Development), after first studying and considering the Proposed Mitigated
Negative Declaration prepared for the project, and
NOW, THEREFORE, the City Council of the City of Atascadero takes the following
tirr► actions:
96
SECTION 1. Findings for Approval of Conditional Use Permit. The City Council
finds as follows:
1. The proposed project or use is consistent with the General Plan; and,
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance) including provisions of the PD-16 Overlay Zone; and,
3. The establishment, and subsequent operation or conduct of the use will not, because
of the circumstances and conditions applied in the particular case, be detrimental to
the health, safety, or welfare of the general public or persons residing or working in
the neighborhood of the use, or be detrimental or injurious to property or
improvements in the vicinity of the use; and,
4. The proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development; and,
5. The proposed use or project will not generate a volume of traffic beyond the safe
capacity of all roads providing access to the project, either existing or to be improved
in conjunction with the project, or beyond the normal traffic volume of the
surrounding neighborhood that would result from full development in accordance
with the Land Use Element.
6. The Master Plan 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; and
7. Benefits derived from the Master Plan of Development and PD-16 Overlay Zone
cannot be reasonably achieved through existing development standards or processing
requirements; and,
8. The purpose and intent of the PD-16 Overlay Zone includes providing relief from
Section 11-6.26 of the City's Municipal Code, regulating flag lots.
97
SECTION 2. Findings for Approval of Tree Removal. The City Council finds as follows:
vow
The trees are obstructing proposed improvements that cannot be reasonably designed
to avoid the need for tree removal, as certified by a report from the Site Planner and
determined by the Community Development Department based on the following
factors:
■ Early consultation with the City;
■ Consideration of practical design alternatives;
■ Provision of cost comparisons (from applicant) for practical design alternatives;
■ If saving tree eliminates all reasonable uses of the property; or
■ If saving the tree requires the removal of more desirable trees.
SECTION 3. Approval. The City Council of the City of Atascadero, in a regular
session assembled on September 11, 2007, approved Conditional Use Permit 2004-0140 (Master
Plan of Development) and Tree Removal Permit subject to the following:
EXHIBIT A: Conditions of Approval /Mitigation Monitoring Program
EXHIBIT B: Master Plan of Development/ Site Plan
EXHIBIT C: Tree Removal Request and Mitigation Worksheet
14000,
98
BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by
the Planning Commission Secretary to the City Council of the City of Atascadero.
On motion by Council Member , and seconded by Council Member
the foregoing resolution is hereby adopted in its entirety by the
following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ADOPTED:
CITY OF ATASCADERO, CA
George Luna
Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Patrick Enright, City Attorney
99
EXHIBIT A:Conditions of Approval I Mitigation Monitoring Program
Planned Development-16/CUP 2004-0140/ZCH 2004-0091/TPM 2004-0057
Timing Responsibility
Conditions of Approval! FIV:Final Ni /Monitoring
Mitigation Monitoring Program LLicensecense ess
PS:Planning Services
OP:Grading BS:Building Services
Perms FD:Fire Depadment
5f90 Polfo/a Road BR Building PD:Police Department
Perms CE:City Engineer
FI:Final WWastewater
ZCH 2004-009f, CUP 2004-0140, TPM 2004-0057
Inspection T0:Temporary CA City Attorney
Occupancy
FO:Final
Occupancy
Flannnices
val of this zone change and use permit shall become final and effective FM PS
City Council approval.
2. The approval of this use permit shall become final and effective for the purposes of FM PS
issuing building permits thirty(30)days following the City Council approval of ZCH
2004-0091 upon second reading and recordation of Parcel Map AT 03-0258,unless
prior to that time,an appeal to the decision is filed as set forth in Section 9-1.111(b)of
the Zoning Ordinance.
3. The Community Development Department shall have the authority to approve the BP/FM PS,CE
following minor changes to the project that(1)modify the site plan project by less than
"mar 10%,(2)result in a superior site design or appearance,and/or(3)address a
construction design issue that is not substantive to the Master Plan of Development.
4. The approval timeline of this Conditional Use Permit shall run concurrently with BP/FM PS
tentative parcel map AT 03-0258. At the end of the period,the approval shall expire
and become null and void unless the project has received a building permit.
5. The applicant shall defend,indemnify,and hold harmless the City of Atascadero or its Ongoing PS
agents,officers,and employees against any claim or action brought to challenge an
approval by the city,or any of its entities,concerning the subdivision
6. All subsequent Tentative Map and construction permits shall be consistent with the BP/FM PS,CE
Master Plan of Development contained herein.
7. Prior to issuance of building permits,the applicant shall submit,for review and approval, GP/BP PS,CE
a maintenance agreement for the maintenance and repair of the common driveway.
The agreement shall be reviewed by the City Engineer,Community Development
Director and the City Attorney. This document shall record concurrently with the final
parcel map.
8. All site development shall comply with the standards of the Planned Development-16 BP PS,BS
Overlay District.
9. Affordable Housing Requirement: The applicant shall comply with the City Council GP/BP PS,CA
inclusionary housing policy and pay an in-lieu fee based on 5%of the construction
valuation of each new housing unit.
10. A Tree Protection Plan shall be submitted with subsequent building permits for GP/BP PS
*&Vol encroachment within the drip line of native trees located on the subject parcel and any
adjacent properties.The applicant will contract with a certified arborist to monitor all
100
Conditions of Approval/ Timing Responsibility
FM:RrW Nap /Monitoring
Mitigation Monitoring Program BL:Business
License PS:Planning Services
OP:Grading BS:Building Services
PFD:Fire Department
5190 PoI to/a Road BPP::B Building
Perm PD;police Department
FI:Final CE:Cry Engineer
ZCH 2004-009 , CUP 2004-0 40, TPM 2004-0057 Inspection WW:Wastewater
TO:Temporary CA:city nnomey
Occupancy
FO'.Final
Occupancy
activity within the drip lines of existing native oak trees.
11. An address marker to include addresses for all units shall be located at the public street GP/BP PS
access point.The address marker shall be compatible with the project architecture.
12. The emergency services and facility maintenance costs listed below shall be 100% BP PS
funded by the project in perpetuity. The service and maintenance costs shall be
funded through a community facilities district established by the City at the
developer's cost. The funding mechanism must be in place prior to or concurrently
with acceptance of the final maps. The funding mechanism shall be approved by
the City Attorney, City Engineer and Administrative Services Director prior to
acceptance of any final map. The administration of the above mentioned funds shall
be by the City. Developer agrees to participate in the community facilities district
and to take all steps reasonably required by the City with regard to the
establishment of the district and assessment of the property.
■ All Atascadero Police Department service costs to the project.
• All Atascadero Fire Department service costs to the project.
■ Off-site common City of Atascadero park facilities maintenance service costs
related to the project.
13. Approval of this permit shall include the removal of 2 Native Trees. The applicant shall BP PS, BS
be required to pay mitigation fees or provide replantings on-site per the requirements of
the Atascadero Native Tree Ordinance. Any additional removals shall be subject to
Planning Commission approval.
■ A mitigation deposit shall be collected for all native oak trees which will be
impacted 40% or more. The applicant may submit written documentation from a
certified arborist, that the trees remain in good health no sooner than 1-year after
final of the project to receive a full refund of the deposit.
City Engineer Project Conditions
14. The applicant shall improve Portola Road across the frontage of the property to City BP CE
standards,including street widening,curb,gutter,and sidewalk,if required.
15. The applicant shall overlay Portola Road to a width of the street plus 10' across the BP CE
frontage of the property as directed by the City Engineer in accordance with the
conditions of approval for TPM 2004-0057.
16. Applicant shall provide a minimum of 2%drainage away from the buildings for 5'. BP CE
City Engineer Standard Conditions
101
Timing Responsibility
Conditions of Approval FMFinal Map /Monitring
w Mitigation Monitoring Program � ue�Buemess
GP:Grading PS:Planning Services
Permit BSBuilding Services
FD:Fire Department
PD:Police Department
5190 Porto/a Road BP:Building
Perms
CE:City Engineer
FC Final
Inspection Wastexater
ZCH 2004-0091, CUP 2004-0740, TPM 2004-0057 To:Temporary CA:City Attorney
Occupancy
F0:Final
Occupancy
17. All public improvements shall be constructed in conformance with the City of BP,GP CE
Atascadero Engineering Department Standard Specifications and Drawings or as
directed by the City Engineer.
18. Prior to issuance of building permits,the applicant shall submit a grading and drainage BP, GP CE
plan with a separate sheet(s) devoted to sedimentation and erosion control,
prepared by a registered civil engineer for review and approval by the City Engineer.
19. All public improvements shall be constructed in conformance with the City of BP,GP CE
Atascadero Engineering Department Standard Specifications and Drawings or as
directed by the City Engineer.
20. In the event that the applicant is allowed to bond for the public improvements required FM CE
as a condition of this project, the applicant shall enter into a Subdivision Improvement
Agreement with the City Council.
21. An engineer's estimate of probable cost shall be submitted for review and approval by FM CE
the City Engineer to determine the amount of the bond.
22. The Subdivision Improvement Agreement shall record concurrently with the Final Map. t FM CE
23. The applicant shall be responsible for the relocation and/or alteration of existing utilities. BP,GP CE
24. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) BP,GP CE
underground. Utilities shall be extended to the property line frontage of each lot or its
public utility easement.
25. The applicant shall monument all property corners for construction control and shall FM CE
promptly replace them if disturbed.
26. The applicant shall acquire title interest in any off-site land that may be required to allow FM CE
for the construction of the improvements. The applicant shall bear all costs associated
with the necessary acquisitions. The applicant shall also gain concurrence from all
adjacent property owners whose ingress and egress is affected by these
improvements.
27. Slope easements shall be provided as needed to accommodate cut of fill slopes. FM CE
28. Drainage easements shall be provided as needed to accommodate both public and FM CE
private drainage facilities.
29. The final map shall be signed by the City Engineer prior to the map being placed on the FM CE
agenda for City Council acceptance.
30. Prior to recording the Parcel map,the applicant shall submit a map drawn in substantial FM CE
conformance with the approved tentative parcel map and in compliance with all
conditions set forth herein. The map shall be submitted for review and approval by.the
102
Conditions of Approval/ TiminM p Responsibility
P /Monitoring
Mitigation Monitoring Program BL:Business
License PS:Planning Services
GP:Grading BS:Building Services
PFD:Fire Depadment
590 Porto/a Road BPP::Building PD:Police Department
Fermi CE:City Engineer
Fl:Final WW,Wastewater
ZCH 2004-0097, CUP 2004-0740, TPM 2004-0057
Inspection CA:CM Attorney
T0:Temporary
Occupancy
F0:Final
Occupancy
City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance.
31. Prior to recording the Parcel map,the applicant shall set monuments at all new property FM CE
corners.A registered civil engineer or licensed land surveyor shall indicate by certificate
on the parcel map,that corners have been set or shall be set by a date specific and that
they will be sufficient to enable the survey to be retraced.
32. Prior to recording the map, the applicant shall complete all improvements required by FM CE
these conditions of approval
33. Prior to recording the Parcel map, the applicant shall have the map reviewed by all FM CE
applicable public and private utility companies (cable, telephone, gas, electric,
Atascadero Mutual Water Company). The applicant shall obtain a letter from each
utility company indicating their review of the map. The letter shall identify any new
easements that may be required by the utility company. A copy of the letter shall be
submitted to the City. New easements shall be shown on the map.
34. Upon recording the final map,the applicant shall provide the City with a black line clear FM CE
Mylar(0.4 mil)copy and a blue line print of the recorded map.
35. Prior to the final inspection of any public improvements, the applicant shall submit a FM CE
written statement from a registered civil engineer that all work has been completed and
is in full compliance with the approved plans.
36. Prior to the final inspection, the applicant shall submit a written certification from a BP,GP CE
registered civil engineer or land surveyor that all survey monuments have been set as
shown on the final map.
37. An encroachment permit shall be obtained prior to any work within City rights of way. BP,GP CE
38. Prior to the issuance of building permits the applicant shall submit a grading and BP,GP CE
drainage plan prepared by a registered civil engineer for review and approval by the
City Engineer.
Atascadero Mutual Water Company
39. Before the issuance of building permits, the applicant shall submit plans to AMWC
for the water distribution facilities needed to serve the project. AMWC shall review
and approve the plans before construction begins on the water system
improvements. All water distribution facilities shall be constructed in conformance
with AMWC Standards and Details and the California Waterworks Standards (Code
of Regulations Title 22, Division 4, Chapter 16). All cross-connection devices shall
conform to AWWA and California Department of Health Services standards.
40. Before issuance of building permits,the applicant shall obtain a"Will Serve"letter
from AMWC for the newly created lots within the subdivision.
Mitigation Measures
103
Conditions of Approval/ Timing Responsibility
FM:Fuld Map Monitoring
Business
Mitigation Monitoring Program tense
GP:Grading PS:Planning Services
Permit BS:Building Services
FD:Fire
5f90 Porto/a Road BP:Building PD:Polba nent
Pem�t DDepepartment
Final CE:City Engineer
FI:
Fl:Final
WW:Wastewater
ZCH 2004-0091, CUP 2004-0140, TPM 2004-0057 M Tar porary ca City anomer
Occupancy
F0:Final
Occupancy
Mitigation Measure 3.b.1: The project shall be conditioned to comply with all applicable BP,GP BS,PS,CE
District regulations pertaining to the control of fugitive dust(PM-10) as contained in
sections 6.3,6.4 and 6.5 of the April 2003 Air Quality Handbook.
Section 6.3: Construction Equipment
■ Maintain all construction equipment in proper tune according to manufacturer's
specifications.
• Fuel all off-road and portable diesel powered equipment,including but not limited to
bulldozers,graders,cranes, loaders, scrapers,backhoes,generator sets,
compressors,auxiliary power units,with ARB certified motor vehicle diesel fuel
(Non-taxed version suitable for use off-road).
■ Maximize to the extent feasible,the use of diesel construction equipment meeting
the ARB's 1996 or newer certification standard for off-road heavy-duty diesel
engines.
■ Install diesel oxidation catalysts (DOC),catalyzed diesels particulate filters (CDPF)
or other District approved emission reduction retrofit services(Required for projects
grading more than 4.0 acres of continuously worked area).
Section 6.4: Activity Management Techniques
• Develop a comprehensive construction activity management plan designed to
minimize the amount of large construction equipment operating during any given
time period.
• Schedule of construction truck trips during non-peak hours to reduce peak hour
emissions.
■ Limit the length of the construction workday period, if necessary.
• Phase construction activities, if appropriate.
Section 6.5: Fugitive PM10
All of the following measures shall be included on grading,demolition and building plan
notes:
■ Reduce the amount of the disturbed area where possible.
• 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.
■ All dirt stockpile areas should be sprayed daily as needed.
• Permanent dust control measures identified in the approved project re-vegetation
and landscape plans should be implemented as soon as possible following
completion of any soil disturbing activities.
■ 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.
• All disturbed soil areas not subject to re-vegetation should be stabilized using
approved chemical soil binder,jute netting,or other methods approved in advance
by the APCD.
■ All roadways,driveways,sidewalks,etc,to be paved should be completed as soon
as possible. In addition,building pads should be laid as soon as possible after
grading unless seeding or soil binders are used.
■ Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved
surface at the construction site.
104
Conditions of Approval/ M��W Responsibility
Mitigation Monitoring Program BL:Bushess /Monitoring
License PS:Planning Services
GP:Grading BS:Building Services
PFD:Fre Department
590 Porto/a Road BPP::Building PD:Police Department
Perm tewater
CE:City Engineer
FI:Final
ZCH 2004-0097, CUP 2004-0140, TPM 2004-0057 Inspection Ca City yyyy:Wasteomey
TO:Tenporary
Occupancy
FO:Final
Occupancy
■ 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 between
top of load and top of trailer) in accordance with CVC Section 23114.
■ Install wheel washers where vehicles enter and exit unpaved roads onto streets, or
wash off trucks and equipment leaving the site.
• 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.
• The contractor or builder shall designate a person or persons to monitor the dust
control program and to order increased watering,as necessary,to prevent transport
of dust off site. The name and telephone number of such persons shall be provided
to the APCD prior to land use clearance for map recordation and land use clearance
for finish grading of any structure.
Mitigation Measure 4.e.1: The grading plan shall identify tree protection fencing around BP,GP PS
the dripline of each existing on-site tree and/or native shrub mass within 20 feet of
construction activity.
Mitigation Measure 4.e.1: Grading and excavation and grading work shall be consistent BP,GP PS
with the City of Atascadero Tree Ordinance. Special precautions when working around
native trees include:
1. All existing trees outside of the limits of work shall remain.
2. Earthwork shall not exceed the limits of the project area.
3. Low branches in danger of being torn from trees shall be pruned prior to any
heavy equipment work being done.
4. Vehicles and stockpiled material shall be stored outside the dripline of all trees.
5. All trees within the area of work shall be fenced for protection with 4-foot chain
link, snow or safety fencing placed per the approved tree protection plan. Tree
protection fencing shall be in place prior to any site excavation or grading.
Fencing shall remain in place until completion of all construction activities.
6. Any roots that are encountered during excavation shall be clean-cut by hand
and sealed with an approved tree seal.
Mitigation Measure 4.e.2: An arborists report shall be required prior to project BP,GP PS,BS
implementation. The report shall identify each native tree proposed for removal and
each tree within the project area subject to potential impact. The report shall provide
recommendations for tree pruning,tree protection of existing native trees to remain, and
identify native tree impact/replacement mitigation per the Atascadero Municipal Code
Section 9-11.105.
Mitigation Measure 5.d.1: Should any cultural resources be unearthed during site BP,GP PS,BS
development work,the provisions of CEQA-Section 15064.5,will be followed to reduce
impacts to a non-significant level.
105
Conditions of Approval I Timing Responsibility
FM F'"Bi M.P (Monitoring
L
Mitigation Monitoring Program License
License pS:Planning Services
GP:Grading BS:Building Services
Permit FD:Fire Department
5190 Porto/a Road BP:Building PD:Police Depanment
PermA CE:City Engineer
Fl:Final WW:Wastewater
ZCH 2004-0091 CUP 2004.0140 TPM 2004-0057 i"epect'°° CA City Attorney
TO:Temporary
Occupancy
F0:Final
Occupancy
Mitigation Measure 5.d.2: In the event of the accidental discovery or recognition of any BP,GP PS,BS
human remains,there shall be no further excavation or disturbance of the site or any
nearby area reasonably suspected to overlie adjacent human remains until the coroner
of the county in which the remains are discovered has been contacted to determine that
no investigation of the cause of death is required,and to determine if the remains are of
Native American heritage. If the remains are of Native American Heritage,the coroner
shall contact the Native American Heritage Commission within 24 hours.
rMiti�q_ation Measure 5.a.1:Any exterior building modifications or site plan changes not
resented in the proposed project that could occur during the Building Permit
lication process or during construction shall be consistent with the Secretary of the
erior's Standards for Rehabilitation&Illustrated Guidelines for Rehabilitating Historic
ildings and shall meet the provisions of CEOA Section 15064.5, as approved by
Planning Staff.
Mitigation Measure 6.a.1: All construction on site shall comply with the seismic BP BS,PS,CE
construction standards for Seismic Construction Zone 4 per the California 2001 Building
Code.
Mitigation Measure 6.b.1: All cut and fill slopes shall be hydro seeded with an BP BS,PS,CE
appropriate erosion control method(erosion control blanket, hydro-mulch,or straw mulch
appropriately anchored) immediately after completion of earthwork. All disturbed slopes
shall have appropriate erosion control methods in place. Duration of the project: The
contractor will be responsible for the clean up of any mud or debris that is tracked onto
public streets by construction vehicles.
Mitigation Measure 6.c.d.1: A soils report shall be required to be submitted with a BP PS
building permit by the building department.The building plans will be required to follow
the recommendations of the soils report to assure safety for residents and buildings.
Mitigation Measure 8.e.f.1: The developer is responsible for ensuring that all contractors BP,GP PS,BS,CE
are aware of all storm water quality measures and that such measures are implemented.
Failure to comply with the approved construction Best Management Practices will result
in the issuance of correction notices,citations,or stop orders.
Mitigation Measure 11.d.1: All construction activities shall comply with the City of BP,GP PS,BS,CE
Atascadero Noise Ordinance for hours of operation.
106
EXHIBIT B: Master Plan of Development I Site Plan
F .—.� FtNOtl YIOIWd
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107
qr+i Exhibit C:Tree Removal Request and Mitigation Worksheet(CUP 2004-0140)
TRP 200
CITY OF ATASCADERO
TREE REMOVAL PERMIT
SECTION"11.05 13.5
OWNER 1: z c/ go Ir,J CONTACT:
ADDRESS: �j/90 'CG 41(c ADDRESS: E t u
cr r^ 4.e r wl 52& MA-2
PHONE#: t rb!512 PHONE*:
FAX#: FAX#:
OWNER''.-- ARBORIST: k-L<AJ K /UaL-2
ADDRESS: ADDRESS: r+$d>S FL [gG4af tlo X,,
�rrr rlrry a* ?34z Z
PHONE#: PHONE#¢ r$aS-) xf 3/-.2'5-81
FAX#: FAX#:
ARBORIST CERTIFICATION#: OS!//9 ARBORIST SIGNATU -e—
Site Address:
Site APN
Reason for Removal:
List all trees to be removed:
SPECIES SIZE(dbh) NUMBER TO BE CONDITION OF TREE
-' -� REMOVED
2,
3.
Property owner certifies that they have read and understood Ataseadero Municipal Code Section 9-11.105. Tree removal is not to
facilitate future development,
A plot,pian shall be included showing all proposed improvements on the property,trees to be removed,and trees o
remain. The'trees shall correspond with the nusryliers above.
Signature of Property Owner Date Signature of Property Owner Date
Signature,City of Atascadero Date
Community Development Department 6907 El Camino Real,Atascadero,CA 93422 (805)461-5000 fax: 461-7612
108
Exhibit C:Tree Removal Request and Mitigation Worksheet(CUP 2004-0140)
City of Atascadioro
Community & Economic Development Department
w �q cua ,,Jlkgk R ify Fesi(1c,ikiii i Trey,l:litiy ti+err F irm
I
Date: July 30,2007 Prepared by: KM
Address: 5190.Portola,Road Permit#: ZCH 2004-0091
Applicant: Ed Nolan Telephone: xx
Owner. Ed Nolan Telephone: xx
NATIVE TREE REMOVAL MITIGATION
Tree protection required?Yes Arborist review required?Yes
Total number of trees impacted:10
Removals:
Number greater than 2411DBH: 0 number less than 2411 DBH: 2
PC Permit Required? yes. Status: in process
Replacements required: Yes
LEvergreen Native Trees (inches) '.Deciduous Native Trees (inches) Totals
... .................
.... ___
dbh ,. notes dbh notes
1 10-in cher'T ree .1 ''1
2 5-moves Tree 11 2
3 .3
4 4
8 18
iQ ---... _....
_..---__ --- ....___,.
10 10
11 11
112 �.�_.. 12
13 13
14 14
.15 15
Total 15-Inches': iTotal0-inones, ._...._. .. � ,.:_.._....._c..
- 15-in hes
M iti qat ien Requirement
re dtree re Iac.._. _. .__ �., ._.__. ... ..
q' p erne nts3 f'me galtrees req'd tree replacements 0 Ai-e-9-al frees
Proposed Replanting afire galtrees '.Proposed Replanting 0five galtrees 3five gal trees
0f(teen galtrees _ _D fifteen galtrees:. _ 0fifteen gal trees
..._........ ___--__ .__.. ........._. _......_ ,..._ .. ....__._ .._ .._.._ .
0 box trees(24") 0 box trees(2411) 0 box trees(24")
!Remaining Mitigation 0fwe gal trees hRemaining Mtigation 0fnre gal trees', Ofive galtrees
Tree Fund Payment 125.00 :Tree Fund Pay me_....�.. _..._,_.o0
nt: S - $ 125.00 '
109
ATTACHMENT 7: Draft Resolution D
Approval of Tentative Parcel Map
DRAFT RESOLUTION D
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADER09 APPROVING TENTATIVE PARCEL
MAP 2004-00579 A TWO-LOT SUBDIVISION CONSISTENT WITH A
MASTER PLAN OF DEVELOPMENT ON APN 054-051-021
5190 Portola Road
(Nolan)
WHEREAS, an application has been received from Ed Nolan, 5190 Portola Road,
Atascadero, CA 93422, (Applicant and Property Owner), to consider a project consisting of a
Zone Change from RSF-Z (Residential Sinle-Family-Z) to RSF-ZIPD16 (Residential Single-
Z71Family-Z with a Planned Development Overlay-16) with corresponding Master Plan of
Development and Tentative Parcel Map located at 5190 Portola Road Avenue, (APN 054-051-
021); and,
WHEREAS, the Planning Commission, at a public hearing held on August 7, 2007, has
recommended that the City Council deny the request to change the site's Zoning District from
RSF-Z (Residential Single-Family-Z) to RSF-Z with PD16 (Residential Single- Family-Z with a
Planned Development Overlay-16); and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0005 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, a timely and properly noticed Public Hearing upon the subject Tentative
Parcel Map application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of
Development; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on August 7, 2007, studied and considered Tentative Parcel Map 2004-0057
(AT 03-0258), after first studying and considering the Proposed Mitigated Negative Declaration
prepared for the project recommended denial of the project to the City Council; and,
WHEREAS, the City Council of the City of Atascadero, at a duly noticed public hearing
held on September 11, 2007, studied and considered Tentative Parcel Map 2004-0057 (AT 03-
0258), after first studying and considering the proposed Mitigated Negative Declaration prepared
for the project; and,
110
NOW THEREFORE, the City Council of the City of Atascadero takes the following
actions:
SECTION 1. Findings: The City Council of the City of Atascadero finds as follows:
1. The proposed subdivision, design and improvements as conditioned, are consistent with
the General Plan and applicable zoning requirements, including provisions of the PD-16
overlay district.
2. The proposed subdivision, as conditioned, is consistent with the Master Plan of
Development(CUP 2004-0140).
3. The site is physically suitable for the type of development proposed.
4. The site is physically suitable for the density of development proposed.
5. The design and improvement of the proposed subdivision will not cause substantial
environmental damage or substantially and unavoidably injure fish and wildlife or their
habitat.
6. The design of the subdivision will not conflict with easements acquired by the public at
large for access through, or the use of property within, the proposed subdivision; or
substantially equivalent alternative easements are provided.
7. The proposed subdivision design and type of improvements proposed will not be
detrimental to the health, safety or welfare of the general public.
8. Proposed Parcel 2 will exceed the 3:1 depth to width ratio, however there is adequate
assurance that subsequent development may be accomplished without detriment to
adjacent properties as there are numerous parcels within the neighborhood that are of a
flag lot design.
9. The intent and purpose of the PD-16 Overlay includes providing relief from the City's
Subdivision Ordinance regulating flag lots (Section 11-6.26).
10. The requirement that the original parcel have existing road frontage prior to the
subdivision is satisfied by the parcel's connection to Portola Road through the 30 foot
wide flagpole area of the existing lot.
11. The subdivision is consistent with the character of the immediate neighborhood.
12. The installation of a standard street, either alone or in conjunction with neighboring
properties is not feasible.
13. The flag lot is justified by topographical conditions.
111
14. It is in the best interest of the general health, welfare and safety to have the required road
frontage improvements on Portola Road completed prior to recording the final map to
insure the orderly development of the surrounding neighborhood and to insure the
required street frontage improvements are completed.
15. It is in the best interest of the general health, welfare and safety to have the required road
frontage improvements on Portola Road completed prior to recording the final map for
this subdivision in order to insure that a future buyer, who would have no road frontage is
not required to install the frontage improvements.
SECTION 2. Findings for Approval for Tree Removal, the Planning Commission of the
City of Atascadero finds as follows:
1. The trees are obstructing proposed improvements that cannot be reasonably designed to
avoid the need for tree removal, as certified by a report from the Site Planner and
determined by the Community Development Department based on the following factors:
■ Early consultation with the City
■ Consideration of practical design alternatives
■ Provision of cost comparisons (from applicant) for practical design alternatives
■ If saving tree eliminates all reasonable uses of the property
■ If saving the tree requires the removal of more desirable trees
SECTION 3. Approval. The City Council of the City of Atascadero, in a regular
session assembled on September 11, 2007, hereby resolves to approve Tentative Parcel Map AT
03-0258 (TPM 2004-0057) subject to the following:
1. Exhibit A: Tentative Parcel Map (AT 03-0258)
2. Exhibit B: Conditions of Approval/Mitigation Monitoring Program.
N
112
On motion by Council Member and seconded by Council Member
the foregoing resolution is hereby adopted in its entirety by the
following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ADOPTED:
CITY OF ATASCADERO, CA
George Luna
Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Patrick Enright, City Attorney
113
Exhibit A:Tentative Parcel Map AT 03-0258 (TPM 2004-0057)
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114
Exhibit B:Conditions of Approval/Mitigation Monitoring Program
Tentative Parcel Map 2004-0057
Conditions of Approval I Timing Responsibility
Mitigation Monitoring Program /Monitoring
GP:Grading Permit PS:Planning Services
BP:Building Permit BS:Building Services
5190 Portola Road PD-16 SIP:Subdivision FD:Fire Department
Improvement Plans PD:Police Department
Tentative Parcel Map FM:Final Map CE:City Engineer
Temporary
WN:Wastewater
2004-0057 Occupancy City
FI:Final inspection AMWC:Water Conp.
F0:Final
Occupancy
Planning Services
1. The approval of this tentative parcel map shall become final and effective FM PS
for the purposes of recording the final parcel map thirty(30)days following
the City Council approval of ZCH 2004-0091 upon second reading,unless
prior to that time,an appeal to the decision is filed as set forth in Section 9-
1.111(b)of the Zoning Ordinance.
2. Approval of this Tentative Parcel Map shall be valid for two years after its FM PS
effective date. At the end of the period, the approval shall expire and
become null and void unless an extension of time is granted pursuant to a
written request received prior to the expiration date.
3. The Community Development Department shall have the authority to FM PS
approve minor changes to the project that(1) result in a superior site design
or appearance, and/or(2) address a design issue that is not substantive to
the Tentative Parcel Map and that the Final Map is in substantial
conformance with the Tentative Map.
4. The granting of this entitlement shall apply to the property located at (APN On going PS
054-051-021)regardless of owner.
5. The Final Map shall be drawn in substantial conformance with the approved FM PS
tentative map and shall include all requirements as stated in the Subdivision
Map Act and the City's Subdivision Ordinance, and shall be in compliance
with all conditions set forth herein, and shall be submitted for review and
approval in accordance with the Subdivision Map Act and the City's
Subdivision Ordinance.
6. The subdivider shall defend, indemnify, and hold harmless the City of FM PS
Atascadero or its agents, officers, and employees against any claim or
action brought to challenge an approval by the city, or any of its entities,
concerning the subdivision.
7. The Parcel Map shall be subject to additional fees for park or recreation FM PS
purposes(QUIMBY Act)as required by City Ordinance.
8. The emergency services and facility maintenance costs listed below shall BP PS
be 100%funded by the project in perpetuity. The service and
maintenance costs shall be funded through a community facilities district
established by the City at the developer's cost. The funding mechanism
must be in place prior to or concurrently with acceptance of the final
maps. The funding mechanism shall be approved by the City Attorney,
City Engineer and Administrative Services Director prior to acceptance of
115
Conditions of Approval/ Timing Responsibility
(Monitoring
Mitigation Monitoring Program
GP:Grading Perms PS:Planning Services
BP:Building Pernit BS:Building Services
5190 Portola Road PD-16
SIP:Subdivision FD:Fire Department
IrtnrovementPlans PD:Police Department
Tentative Parcel Map FM:Final Map CE:City Engineer
TO:Temporary WW:Wastewater
TPM 2004-0057 occupancy Ck City Allomey
FI:Final inspection AMWC:Water Conn.
F0:Final
Occupancy
any final map. The administration of the above mentioned funds shall be
by the City. Developer agrees to participate in the community facilities
district and to take all steps reasonably required by the City with regard
to the establishment of the district and assessment of the property.
■ All Atascadero Police Department service costs to the project.
■ All Atascadero Fire Department service costs to the project.
• Off-site common City of Atascadero park facilities maintenance
service costs related to the project.
9. Prior to final map,the applicant shall submit a road maintenance agreement BP PS
for review and approval by the Community Development Department, the
City Engineer and the City Attorney. Once approved, this document shall
record concurrently with the final parcel map.
10. Affordable Housing Requirement: The applicant shall deed restrict a GP/BP PS,CA
minimum of 1 residential unit for 30 years or shall pay in-lieu fees consistent
with City Council Policy.
*11rt"'
11. A tree conservation and open space easement shall be recorded as shown
on the tentative map.The easement shall be in accordance with the
requirements of the PD-16 Overlay Zone and shall include a metes and
bounds description in addition to a graphic depiction.
Fire Department Conditions FM PS, FM
16. All existing driveways shall be configured to the satisfaction of the Fire
Marshall prior to recording the final parcel map.
City Engineer Project Conditions
13. The applicant shall improve Portola Road across the frontage of the FM CE
property to City standards as required and or directed by the City Engineer.
This includes,but is not limited to,the necessary plans,specifications and
reports necessary to construct the improvements.
14. The applicant shall overlay Portola Road to a width of the street plus 10' FM CE
across the frontage of the property as required and directed by the City
Engineer.
15. The applicant shall construct the improvements required by Conditions 1_3_&_ FM CE
14,above,prior to recordation of the Final Parcel Map. The City Engineer
may allow the applicant to bond for the public improvements in lieu of
completing the public improvements prior to Final Map recordation. In the
event that the applicant is allowed to bond for the public improvements,
required as a condition of this map,the applicant shall enter into a
Subdivision Improvement Agreement with the City Council.
116
Conditions of Approval/ Timing Responsibility
Mitigation Monitoring Program /Monitoring
GP:Grading Permit PS:Planning Services
BP:Building Permil BS:Building Services
5190 Portola Road PD-16 SIP:Sub&N on FD:Fire Department
Irrprovement Plans PD:Police Depadment
Tentative Parcel Map FM:Final Map CE:City Engineer
TO:Temporary WW:Wastewater
TPM 2004-0057 occupancy CA CoyAtlomey
FI:Final inspection AMWC:Water Cone.
F0:Final
Occupancy
16. An engineer's estimate of probable cost shall be submitted for review and
approval by the City Engineer to determine the amount of the bond.
17. The Subdivision Improvement Agreement shall record concurrently with
the Final Map.
18. Applicant shall provide a minimum of 2%drainage away from the buildings BP CE
for 5'.
19. Prior to issuance of building permits,the applicant and or property owner(s) BP,GP CE
shall submit a grading and drainage plan with a separate sheet(s) devoted
to sedimentation and erosion control, prepared by a registered civil
engineer for review and approval by the City Engineer.
20. Prior to City Council approval of the Parcel Map, the Applicant shall submit FM CE
calculations for the acreage of each lot,acceptable to the City Engineer.
STANDARD CONDITIONS
21. All public improvements shall be constructed in conformance with the City BP,GP CE
of Atascadero Engineering Department Standard Specifications and
Drawings or as directed by the City Engineer.
22. In the event that the applicant is allowed to bond for the public FM CE
improvements required as a condition of this map, the applicant shall enter
into a Subdivision Improvement Agreement with the City Council.
23. An engineer's estimate of probable cost shall be submitted for review and FM CE
approval by the City Engineer to determine the amount of the bond.
24. The Subdivision Improvement Agreement shall record concurrently with the FM CE
Final Map.
25. The applicant shall be responsible for the relocation and/or alteration of BP,GP CE
existing utilities.
26. The applicant shall install all new utilities (water, gas,electric, cable TV and BP,GP CE
telephone) underground. Utilities shall be extended to the property line
frontage of each lot or its public utility easement.
27. The applicant shall monument all property corners for construction control FM CE
and shall promptly replace them if disturbed.
28. The applicant shall acquire title interest in any off-site land that may be FM CE
required to allow for the construction of the improvements. The applicant
shall bear all costs associated with the necessary acquisitions. The
applicant shall also gain concurrence from all adjacent property owners
whose ingress and egress is affected by these improvements.
117
Conditions of Approval/ Timing Responsibility
/Monitoring
Mitigation Monitoring Program
GP:Grading Permit PS:Planning Services
BP:Building Permt BS:Building Services
5190 Portola Road PD-16 SIP: vernesbn FD:Fire Department
Improvemennt Plans PD:Police Depamnrent
Tentative Parcel Map FM:Final Map CE:City Engineer
TO:Temporary INK Wastewater
TPM 2004-0057 Occupancy Ca City Aitomey
FI:Final inspection AMWC:Water Comp.
FO:Final
Occupancy
29. Slope easements shall be provided as needed to accommodate cut of fill FM CE
slopes.
30. Drainage easements shall be provided as needed to accommodate both FM CE
public and private drainage facilities.
31. The final map shall be signed by the City Engineer prior to the map being FM CE
placed on the agenda for City Council acceptance.
32. Prior to recording the Parcel map,the applicant shall submit a map drawn in FM CE
substantial conformance with the approved tentative map and in
compliance with all conditions set forth herein.The map shall be submitted
for review and approval by the City in accordance with the Subdivision Map
Act and the City's Subdivision Ordinance.
33. Prior to recording the Parcel map,the applicant shall set monuments at all FM CE
new property comers. A registered civil engineer or licensed land surveyor
shall indicate by certificate on the parcel map,that comers have been set or
shall be set by a date specific and that they will be sufficient to enable the
survey to be retraced.
34. Prior to recording the map, the applicant shall complete all improvements FM CE
required by these conditions of approval
35. Prior to recording the Parcel map, the applicant shall have the map FM CE
reviewed by all applicable public and private utility companies (cable,
telephone, gas, electric, Atascadero Mutual Water Company). The
applicant shall obtain a letter from each utility company indicating their
review of the map. The letter shall identify any new easements that may
be required by the utility company. A copy of the letter shall be submitted to
the City. New easements shall be shown on the map.
36. Upon recording the final map, the applicant shall provide the City with a FM CE
black line clear Mylar (0.4 mil) copy and a blue line print of the recorded
map.
37. Prior to the final inspection of any public improvements, the applicant shall FM CE
submit a written statement from a registered civil engineer that all work has
been completed and is in full compliance with the approved plans.
38. Prior to the final inspection,the applicant shall submit a written certification BP,GP CE
from a registered civil engineer or land surveyor that all survey monuments
have been set as shown on the final parcel map.
39. An encroachment permit shall be obtained prior to any work within City BP,GP CE
rights of way.
40. Prior to the issuance of building permits the applicant shall submit a grading BP,GP CE
and drainage plan prepared by a registered civil engineer for review and
118
Conditions of Approval/ Timing Responsibility
Mitigation Monitoring Program /Monitoring bl
GP:Grading Permit PS:Planning Services
BP:Building Permit BS:Building Services
5190 Portola Road PD-16 SIP:Subdivision FD:Fire Department
Improvement Plans PD:Police Department
Tentative Parcel Map FM:Final Map CE:City Engineer
TO:Temporary WW Wastewater
TPM 2004-0057 Occupancy Ca city Adomey
FI:Final inspection AMWC:Water Comp.
F0:Final
Occupancy
approval by the City Engineer.
Atascadero Mutual Water Company
41. Before the issuance of building permits,the applicant shall submit plans
to AMWC for the water distribution facilities needed to serve the project.
AMWC shall review and approve the plans before construction begins on
the water system improvements. All water distribution facilities shall be
constructed in conformance with AMWC Standards and Details and the
California Waterworks Standards(Code of Regulations Title 22, Division
4, Chapter 16). All cross-connection devices shall conform to AWWA
and California Department of Health Services standards.
42. Before issuance of building permits,the applicant shall obtain a"Will
Serve"letter from AMWC for the newly created lots within the
subdivision.
43. The applicant shall provide AMWC with easements for those water
facilities proposed for operation and maintenance by AMWC that are
constructed outside of publicly maintained right-of-ways. AMWC shall
review the form and content of the easements before recordation.
44. The applicant shall provide AMWC with easements for those water
facilities proposed for operation and maintenance by AMWC that are
constructed outside of publicly maintained right-of-ways. AMWC shall
review the form and content of the easements before recordation.
Mitigation Measures
Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP,GP BS,PS,CE
applicable District regulations pertaining to the control of fugitive dust(PM-10)
as contained in sections 6.3,6.4 and 6.5 of the April 2003 Air Quality
Handbook.
Section 6.3: Construction Equipment
■ Maintain all construction equipment in proper tune according to
manufacturer's specifications.
• Fuel all off-road and portable diesel powered equipment, including but
not limited to bulldozers,graders, cranes, loaders,scrapers,backhoes,
generator sets,compressors, auxiliary power units,with ARB certified
motor vehicle diesel fuel(Non-taxed version suitable for use off-road).
■ Maximize to the extent feasible,the use of diesel construction equipment
meeting the ARB's 1996 or newer certification standard for off-road
heavy-duty diesel engines.
• Install diesel oxidation catalysts(DOC), catalyzed diesels particulate
filters(CDPF)or other District approved emission reduction retrofit
services (Required for projects grading more than 4.0 acres of
continuously worked area).
119
Conditions of Approval! Timing Responsibility
/Monitoring
Mitigation Monitoring Program
GP:Grading Pemut PS:Planning Services
BP:Building Permit BS:Building Services
5190 Portola Road PD-16 SIP:Subdivision FD:Fire Department
Improvement Plans PD:Police Department
Tentative Parcel Map FM:Final Map CE:City Engineer
TO:Temporary WW:Wastewater
TPM 20040057 Occupancy CA:city Attorney
FI:Final inspection AMWC:Water Comp.
F0:Final
Occupancy
Section 6.4: Activity Management Techniques
• Develop a comprehensive construction activity management plan
designed to minimize the amount of large construction equipment
operating during any given time period.
■ Schedule of construction truck trips during non-peak hours to reduce
peak hour emissions.
■ Limit the length of the construction workday period, if necessary.
■ Phase construction activities, if appropriate.
Section 6.5: Fugitive PM10
All of the following measures shall be included on grading, demolition and
building plan notes:
■ Reduce the amount of the disturbed area where possible.
• 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.
• All dirt stockpile areas should be sprayed daily as needed.
fir+► a Permanent dust control measures identified in the approved project re-
vegetation and landscape plans should be implemented as soon as
possible following completion of any soil disturbing activities.
■ 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.
• All disturbed soil areas not subject to re-vegetation should be stabilized
using approved chemical soil binder,jute netting, or other methods
approved in advance by the APCD.
■ All roadways,driveways, sidewalks, etc,to be paved should be
completed as soon as possible. In addition,building pads should be laid
as soon as possible after grading unless seeding or soil binders are
used.
■ Vehicle speed for all construction vehicles shall not exceed 15 mph on
any unpaved surface at the construction site.
■ 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 between top of load and top of trailer) in accordance
with CVC Section 23114.
■ Install wheel washers where vehicles enter and exit unpaved roads onto
streets,or wash off trucks and equipment leaving the site.
■ 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.
■ The contractor or builder shall designate a person or persons to monitor
the dust control program and to order increased watering,as necessary,
to prevent transport of dust off site. The name and telephone number of
such persons shall be provided to the APCD prior to land use clearance
for map recordation and land use clearance for finish grading of any
structure.
120
Conditions of Approval/ Timing Responsibility
Mitigation Monitoring Program /Monitoring
GP:Grading Permit PS:Planning Services
BP:Building Permit BS:Building Serines
5190 Portola Road PD-16 SIP:Subdivision FD:Fire Deparl
Improvement Plans PD:Police Depadment
Tentative Parcel Map FM:Final Map CE:City Engineer
TO:Temporary WW:Wastewater
TPM 20040057 Occupancy CA:Cily Attorney
FC Final inspection AMWC:Water Comp.
F0:Final
Occupancy
Mitiqation Measure 4.e.1: The grading plan shall identify tree protection BP,GP PS
fencing around the dripline of each existing on-site tree and/or native shrub
mass within 20 feet of construction activity.
Mitigation Measure 4.e.1: Grading and excavation and grading work shall be BP,GP PS
consistent with the City of Atascadero Tree Ordinance. Special precautions
when working around native trees include:
7. All existing trees outside of the limits of work shall remain.
8. Earthwork shall not exceed the limits of the project area.
9. Low branches in danger of being torn from trees shall be pruned
prior to any heavy equipment work being done.
10. Vehicles and stockpiled material shall be stored outside the dripline
of all trees.
11. All trees within the area of work shall be fenced for protection with 4-
foot chain link,snow or safety fencing placed per the approved tree
protection plan. Tree protection fencing shall be in place prior to any
site excavation or grading. Fencing shall remain in place until
completion of all construction activities.
12. Any roots that are encountered during excavation shall be clean-cut
by hand and sealed with an approved tree seal. rrl '
Mitigation Measure 4.e.2: An arborists report shall be required prior to BP,GP PS,BS
project implementation. The report shall identify each native tree proposed
for removal and each tree within the project area subject to potential impact.
The report shall provide recommendations for tree pruning,tree protection of
existing native trees to remain,and identify native tree impact/replacement
mitigation per the Atascadero Municipal Code Section 9-11.105.
Mitigation Measure 5.d.1: Should any cultural resources be unearthed during BP,GP PS,BS
site development work,the provisions of CEQA-Section 15064.5,will be
followed to reduce impacts to a non-significant level.
Mitigation Measure 5.d.2: In the event of the accidental discovery or BP,GP PS,BS
recognition of any human remains,there shall be no further excavation or
disturbance of the site or any nearby area reasonably suspected to overlie
adjacent human remains until the coroner of the county in which the remains
are discovered has been contacted to determine that no investigation of the
cause of death is required, and to determine if the remains are of Native
American heritage. If the remains are of Native American Heritage,the
coroner shall contact the Native American Heritage Commission within 24
hours.
Mitigation Measure 6.a.1: All construction on site shall comply with the BP BS,PS,CE
seismic construction standards for Seismic Construction Zone 4 per the
California 2001 Building Code.
Mitigation Measure 6.b.1: All cut and fill slopes shall be hydro seeded with an BP BS,PS,CE
appropriate erosion control method(erosion control blanket, hydro-mulch,or
straw mulch appropriately anchored)immediately after completion of
121
Conditions of Approval/ Timing Responsibility
/Monitoring
Mitigation Monitoring Program
GP:Grading Permit PS:Planning Services
BP:Building Pernit BS:Building Services
5190 Portola Road PD-16 SIP:Subdverneniscn FD:Police padmenl
Irtprovemenl Plans PD:Police Depanment
Tentative Parcel Map FM:FinalMap CE:City Engineer
TO:Tenporary WW:Wastewater
TPM 2004-0057 Occupancy CA City Attorney
FI:Final inspection AMWC:Water Comp.
F0:Final
Occupancy
earthwork. All disturbed slopes shall have appropriate erosion control
methods in place. Duration of the project: The contractor will be responsible
for the clean up of any mud or debris that is tracked onto public streets by
construction vehicles.
Mitigation Measure 6.c.d.1: A soils report shall be required to be submitted BP PS
with a building permit by the building department.The building plans will be
required to follow the recommendations of the soils report to assure safety for
residents and buildings.
Mitigation Measure 8.e.f.1: The developer is responsible for ensuring that all BP,GP PS,BS,CE
contractors are aware of all storm water quality measures and that such
measures are implemented. Failure to comply with the approved
construction Best Management Practices will result in the issuance of
correction notices,citations, or stop orders.
Mitigation Measure 11.d.1: All construction activities shall comply with the BP,GP PS,BS,CE
City of Atascadero Noise Ordinance for hours of operation.
vftw
\\Cityhall\cdvlpmnt\- pre 06 PLNs(Old Planning Docs)\-ZCH- Zone Change\ZC 04\ZCH 2004-0091 5190 Portola Road\ZCH 2004-0091
5190 Portola CC-SR.KM.doc
122
123
ITEM NUMBER: C-1
DATE: 9-11-07
ism a �e 9�
Atascadero City Council
Staff Report - Community Development Department
General Plan Master Plan of Development Overlay #12
Atascadero Avenue Triangle Pocket Park
Project Issues and Options
RECOMMENDATION:
Council provide direction to staff on how to proceed with Master Plan of Development
Overlay #12.
DISCUSSION:
Background: The Atascadero Avenue Triangle (the "Triangle"), located just off of Morro
Road, consists of three parcels and is approximately 1.9 acres. Following the 1992
General Plan update, the entire Triangle (all three parcels) had a General Plan
designation of "recreation" and a conflicting zoning map designation of Residential
Multi-Family (RMF-16). The original owner, Wes O'Reily applied for a multi-family
building permit in 2000. Staff determined that the permit could not be processed
because of the General Plan inconsistency and recommended the owner request to
have the property's land use redesignated in the General Plan Update that was in
process at the time. The owner resubmitted the request which was considered during
the General Plan update. During the General Plan hearings, there was considerable
public comment and Council discussion about the need for a park next to the library.
Many members of the public requested that the City keep the park designation for the
entire site and the City build a park. The Council decided that the best solution was to
designate the corner near Morro Road for a 1/2-acre park and designate the remainder
of the site for 10 residential units. The General Plan created a special Master Plan of
Development Overlay (MPD Overlay #12) requirement for the site (refer to following
maps). The MPD overlay allows for 10 residential units and a '/2-acre park that is
required to be developed concurrently with the housing project.
124
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General Plan Land !s..,Open Space and Consent ation.Element
Table II-5: 'XIaster Plan of Development Overlay Areas.
ov
w5a u r ,g
- . „""-s., s _,
1 Rochelte Single Family Project 50 single family residential units * Equestrian stagina area with Salsras
max.. River 1 De Anza.Trail access.required.
• Trail connection to EI Camino Flea
required
2 Woodlands Specific.Plan 265 residential units max: 0 Specific Plan apprnwai required
• 143 single family units max • Minimum 40%open space required.
126 mufti-family units max
3. Dcue Creek Mixed used Center 200 dwebing units max Site design issues x�l iso addressed in
300„000 square feet of the hilarer Site Plan,which will require
commercial development max approval from the City Council.
4. Neighborhood Shopping Center: Commeroal Center 80,041+0 sf Mixed use preferred as residential
South San,Anselmro at transition
EI Camino Real
r Neighborhood Shapping Center: Commercial Center 150,000 sf � Preferred site for a rreigFkbgrhood
Northeast Gel Rio at shopping center with Grocery store
EI Camino Real
[::-, 1.—.1 el Fba at Commercial Center 1x0,000 5f Site of master plan commercial center
-al comp-at�le%*Factory 0uIIe .
[Development
lan Master Public access and buffering of braves
i ^loiter 56 clustered market rate units at
velopment nt 'A acre density. Creed:
12 14 deed',restricted affordable. =E5 acre pubiic par[,
bonus units(moderate income) senler service required
ro Avenue [25 ,ctensitynonus]
Center: Mixed Use Commercial Center Single familyresidemtiad buffers
ent 101 170.000 s` required_rod Shtapp Centel Neighborhood Commercial * Circulation and drrueways locations oz ur ;I a::_ 'arrytrro Center 20:Ot}0 square feet all parcel,to be shared and minimized.
10. Northend Annexation No increased intensity modeled_ Future use to provide ars attractive Orme
Gaay appearance.
• Public access to Paso Robles Creak:
recruired'..
!1. Eagle Ranch krtnexat an Development of existing 400 Specific Plan required
colony lots liistotic colony lots and roads tri be
reconfigured arid clustered to rmnimize
impacls.
• Public open space,trails and paries to
be provided.
12. Atascaera AMsn�nanflq10 rr�stdertCial units with a Pocket park shall be improved
minimum 112 acre pocket park concurrently With housing project.
`
126
At the time of the General Plan update, staff was not aware that the owner, Wes
O'Reily had three underlying lots of records. Sometime in the last several years Kelly
Gearhart purchased all three lots and proposed a planned development consistent with
the General Plan. This project was reviewed by the Council in May 2006, regarding the
issue of park improvements and maintenance. At that meeting, the Council decided to
defer the improvement and acquisition of the park and require the developer to provide
a passive landscaped open space. The project was eventually withdrawn and MLW
Holdings bought two of the parcels. Today the two MLW Holdings parcels are
designated for residential multi-family units, and the third parcel (approximately at 0.47
acres) is owned by Kelly Gearhart and designated as Recreation.
Atascadero
Avenue
Housing site
(10 units max)
MLW Holdings
'/2 park site
Kelly Gearhart
Morro Road
s
MLW Holdings recently submitted an application to develop its two parcels with five
residential duplexes. City staff returned the application with corrections that the third
parcel, which is approximately 0.47 acres, be included in a Master Plan of Development
for the entire site as required by the General Plan. The applicant has applied for a
Conditional Use Permit for a Master Plan of Development which does not include the
park site (see plan on next page). The applicant has indicated that he may consider
revising the plans to have nine residential units on the two parcels, with the third parcel
being potentially developed in the future as a residential lot.
The applicant's attorney contends that the installation of the improvements and
dedication of a half-acre park is not roughly proportional to the impacts created by the
residential development, and as such, is an impermissible exaction in violation of the
United States Constitution. The exaction is also in excess of the City's own
requirements for parkland as set forth in Section 11-07.05 of the Municipal Code.
127-
Section 11-07.05(e) provides that for the dedication of land which contains less than 50 parcels,
`4W* "the subdivider shall have the option to pay a fee in lieu of dedicating land. Such fee shall be
calculated in accordance with subsection (f) of this section.' Subsection (f) provides that in lieu
fees must be the fair market value of the land that would otherwise be required for dedication.
Section 11-07.05(c) provides that the "General standards for the public interest, health and
welfare require that five (5) acres of property for each one thousand (1,000) persons residing in
the City be devoted to public parks, public recreational trails and/or public recreational facilities."
However, the General Plan specifically requires dedication of land for park purposes as opposed
to in lieu fees.
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Current
Master Plan of ` , �; m`
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€i&� A 'I fir, ' 'off
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rn
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(10 units max)
AMLW Holdings
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btt,r�� '/z park site
not included in
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,� z � � �1 �� _, --. _.�:�--. ,,.. = •� Master Plan of
Development
30
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� --- -� -�-- - Kelly Gearhart
8 � • I ti.� I
ay�yy u
128
MLW Holdings is requesting to pay the City's parkland dedication fees and have the
City amend the General Plan to eliminate all requirements for a public park on the site.
As an alternative, if the City prefers to have a park, the owner of the park parcel has
made an initial offer to sell the property to the City for $300,000.
ANALYSIS:
Legal Issues
There are three legal issues raised by the applicant's attorney surrounding the park
requirement for this project.
1.) Is the General Plan requirement for the dedication and improvement of a
half-acre park, as a condition to developing a 10 unit residential
subdivision, constitutional?
City Attorney's Opinion:
Federal and State constitutional law restrict the City's ability to compel the
dedication of land as a condition of granting discretionary approvals. The well
known Nollan-Dolan line of Supreme Court cases provides that any requirement
that a property owner dedicate property must be related to the impacts of the
proposed development and that the amount or value of the property to be
dedicated must be roughly proportional to those impacts. In other words, there
must be a "nexus" between the compelled dedication and the impacts, and the
amount of land dedication sought must be "roughly proportional" to the impact of
the project. To compel the dedication of some or the entire 0.47 acre site for a
pocket park, the City must be able to show that the dedication will mitigate the
impacts of the residential development and that the amount of land that must be
dedicated is not disproportional to those impacts.
2.) Is there a nexus between the development of the 10 residential units and
the need for a park?
City Attorney's Opinion:
There is certainly a nexus between the housing project and the need for
additional park area, including the improvements. The more difficult question is
whether the requirement for a half-acre parcel is roughly proportional to the
impacts on the City's parks and recreation and the need for the improvements.
Based on the analysis done under the Quimby Act, the City would be imposing a
dedication in excess of the normal exaction for parks.
The City Parkland Dedication requirement is five (5) acres of property for
each 1,000 person residing in the city to be devoted to public parks, public
recreational trails and/or public recreation facilities. The requirements in
this case, assuming 10 units, with an average of three (3) persons per unit
would require a dedication of 0.15 acre of parkland. The half acre
129
requirement is over three times the parkland dedication requirement, and
NOW does not factor in the requirement to install the improvements
While the General Plan is the constitution for development throughout the City,
and is the vehicle through which competing interests and the needs of the
citizenry are balanced and meshed, it must be consistent with the general laws
of the State of California, and the Federal and State Constitutions. In this case,
the applicant argues that the General Plan requirement for the park dedication is
unconstitutional in that it violates the Fifth Amendment of the United States
Constitution.
3.) Is the exaction roughly proportional between the impacts of the
project on park and recreational facilities?
City Attorney's Opinion:
To demonstrate rough proportionality, the City must document the connection
between the exaction and the projected impact of the proposed development.
Findings must establish the required reasonable relationship between the
required exaction and the impact. This requires an assessment of whether this
condition is in reasonable proportion to the burden created by the new
development. This may be possible, but the courts will give the findings a
heightened level scrutiny since the exactions are imposed on a few parcels and
not on a broad class of property owners.
ALTERNATIVES:
Council Options
Based on the potential legal issues associated with this site, the Council has the
following options related to the Atascadero Avenue Triangle parcels:
Option 1.
The Council could direct staff to negotiate the purchase of the parcel designated
for Recreation and then permit the remaining two parcels to be developed with
10 residential units. The developers of the two parcels would pay all of the
applicable park impact fees, and the City would have to fund the balance of the
payment of the park land from park fees collected throughout the city. The price
of the parcel would have to be negotiated, with the property owner making an
initial offer of $300,000. The City would then be responsible for the improvement
and maintenance of the park.
Option 2.
The Council could direct staff to process an amendment to the General Plan to
delete the requirement for a park within the Atascadero Triangle. Any proposed
development in the Triangle would continue to be obligated to pay the normal
park impact fees imposed on residential development in the city. The General
130
Plan could continue to require that the area be Master Planned with a maximum
density of 10 units.
Option 3.
The Council may direct staff to proceed in accordance with the General Plan and
to require that the Triangle be developed with no more than 10 units and a half-
acre park. The General Plan requires the owners of the three parcels to install
the park improvements. For this to be constitutional, the Council must make
individualized findings as to the impacts created by 10 residential units on parks
and recreation. The findings must demonstrate that the impacts are roughly
proportional to the dedication of a half-acre park and the installation of the
improvements. This may be difficult to do in this case, since this dedication is in
excess of the Quimby Act requirements and the City's parkland dedication
requirements. Since these requirements will apply only to these parcels, and not
to all development, the courts will apply a strict scrutiny test in determining
whether there is a rough proportionality to the impact
Conclusion: The project site has a very high profile and is located in the center of the
town. During the General Plan Update there was a significant amount of public
testimony about the importance of a park in this location. In order to provide a park in
this location the City will either have to purchase the site or be willing to endure a length
litigation process. Amending the General Plan to eliminate the park requirement may
raise concern in the community. Elimination of the park designation should be referred
to the Parks and Recreation Commission for review.
131
ITEM NUMBER: C-2
DATE: 9/11/07
.� rr a ■
tsia a
Atascadero City Council
Staff Report - Community Services Department
Adoption of the Colony Park Community Center
Policies and Procedures Manual and Fee Schedules
RECOMMENDATION:
Council review and adopt the Colony Park Community Center fee schedules and the
facility policies and procedures manual.
DISCUSSION:
The Colony Park Community Center project is moving forward, and plans are being
developed to determine facility operations and levels of service. The following report
provides the fee schedules for the facility and the operating policies and procedures
staff manual.
FISCAL IMPACT:
The rental revenue for the Colony Park Community Center is anticipated to be
approximately $10,000 annually.
ALTERNATIVES:
Council may change any of the proposed fees.
ATTACHMENTS:
Attachment 1 - Colony Park Community Center facility rental rates
Attachment 2 - Colony Park Community Center policies and procedures manual
132
Attachment 1,p. 1
THE CITY OF
ATASCADERO Colony Park Community Center
COMMUNITY SERVICES DEPARTMENT
Resident Rental Rates
people parks programs
A "'IV {
Dance Room 25 Weekday _$35.0 /hr
Dance Room 25 Evening/Sat/Sun $50.00/hr
Exercise Room 25 Weekday $35.00/hr
Exercise Room 25 Evening/Sat/Sun $50.00/hr
Fitness*(Dance and Exercise 50 Weekday $65.00/hr
Rooms Combined
Fitness*(Dance and Exercise 50 Evening/Sat/Sun $80.00/hr
Rooms Combined)
Conference Room 24 Weekday $30.00/hr
Conference Room 24 Evening/Sat/Sun $45.00/hr
Gymnasium 400 sport/600 banquet Weekday $60.00/hr
Gymnasium 400 sport/600 banquet Evening/Sat/Sun $75.00/hr
Teen Center 100 Weekday $70.00/hr
Teen Center 100 Evening/Sat/Sun $85.00/hr
Arts and Crafts Room 39 Weekday $35.00/hr
Arts and Crafts Room 39 Evening/Sat/Sun $50.00/hr
Reservation Deposit: 50% of the Total Estimated Due
All bookings require a 50% Non-Refundable reservation deposit and a completed
application to hold the date. This amount will be applied to the total amount due.
Cancellations will forfeit the reservation deposit.
Security Deposit: $250
All special events require a $250 security deposit (refundable after event if no
damages/extra charges apply)
Cleaning Fee: $250 (applied at the discretion of the Director)
All special events where food and/or beverages are served will be charged a mandatory
$250 cleaning fee. Please see the application for more information on cleaning.
Equipment Rental:
Scoreboard $25
TV/DVD $25
Portable Sound System $100
Portable screen $20
Podium $25
Coffee Service $3/person
(10 person minimum)
133
Attachment 1, p. 2
THE CITY OF
ATASCADERO Colony Park Community Center
COMMUNITY SERVICES DEPARTMENT
Non-Resident Rental Rates
people
—P-11— proarnm-
u ai
"` .
Dance Room 25 Weekda $40.00/hr
Dance Room 25 Evening/Sat/Sun $55.00/hr
Exercise Room 25 Weekday $40.00/hr
Exercise Room 25 Evening/Sat/Sun $55.00/hr
Fitness* (Dance and Exercise 50 Weekday $70.00/hr
Rooms Combined)
Fitness* (Dance and Exercise 50 Evening/Sat/Sun $85.00/hr
Rooms Combined)
Conference Room 24 Weekda $35.00/hr
Conference Room 24 Evening/Sat/Sun/Sat/Sun $50.00/hr
Gymnasium 400 sport/600 banquet Weekday $75.00/hr
Gymnasium 400 sport/600 banquet Evening/Sat/Sun $80.00/hr
Teen Center 100 Weekday $75.00/hr
Teen Center 100 Evening/Sat/Sun $90.00/hr
Arts and Crafts Room 39 Weekday $40.00/hr
Arts and Crafts Room 39 Evening/Sat/Sun $55.00/hr
Reservation Deposit: 50% of the Total Estimated Due
All bookings require a 50% Non-Refundable reservation deposit and a completed
application to hold the date. This amount will be applied to the total amount due.
Cancellations will forfeit the reservation deposit.
Security Deposit: $250
All special events require a $250 security deposit (refundable after event if no
damages/extra charges apply)
Cleaning Fee: $250 (applied at the discretion of the Director)
All special events where food and/or beverages are served will be charged a mandatory
$250 cleaning fee. Please see the application for more information on cleaning.
Equipment Rental:
Scoreboard $25
TV/DVD $25
Portable Sound System $100
Portable screen $20
Podium $25
Coffee Service $3/person
(10 person minimum)
134
Attachment 1, p. 3
THE CITY OF
ATA S C A D E R O Colony Park Community Center
COMMUNITY SERVICES DEPARTMENT
Non-Profit Rental Rates
4-0,0""M
people parks program-,
R
arlit
Dance Room _ 25 Weekday $30.00/hr & $20/hr
per additiclmal staff
Dance Room 25 Evening/Sat/Sun $45.00/hr & $20/hr
per additional staff
Exercise Room 25 Weekday $30.00/hr & $20/hr
per additional staff
Exercise Room 25 Evening/Sat/Sun $45.00/hr & $20/hr
per additional staff
Fitness`(Dance and Exercise 50 Weekday $60.00/hr & $20/hr
Rooms Combined) per additional staff
Fitness"(Dance and Exercise 50 Evening/Sat/Sun $75.00/hr & $20/hr
Rooms Combinedper additional staff
Conference Room 24 Weekday $25.00/hr & $20/hr
per additional staff
Conference Room 24 Evening/Sat/Sun $40.00/hr & $20/hr
per additional staff
Gymnasium 400 sport/600 banquet Weekday $55.00/hr & $20/hr
per additional staff
Gymnasium 400 sport/600 banquet Evening/Sat/Sun $70.00/hr & $20/hr
per additional staff
Teen Center 100 Weekday $65.00/hr & $20/hr
per additional staff
Teen Center 100 Evening/Sat/Sun $80.00/hr & $20/hr
per additional staff
Arts and Crafts Room 39 Weekday $30.00/hr & $20/hr
per additional staff
Arts and Crafts Room 39 Evening/Sat/Sun $45.00/hr & $20/hr
per additional staff
Reservation Deposit: 50%of the Total Estimated Due
All bookings require a 50% Non-Refundable reservation deposit and a completed application to hold the
date. This amount will be applied to the total amount due. Cancellations will forfeit the reservation deposit.
Security Deposit: $250
All special events require a $250 security deposit (refundable after event if no damages/extra charges apply)
Cleaning Fee: (will be based on cost of the contractor) (applied at the discretion of the Director)
All special events where food and/or beverages are served will be charged a mandatory cleaning fee.
Please see the application for more information on cleaning.
Equipment Rental:
Scoreboard $25
TV/DVD $25
Portable Sound System $100
Portable screen $20
Podium $25
Coffee Service $3/person
(10 person minimum)
Tables &Chairs Set-Up Charge$40
(groups of 50 plus)
135
Attachment 2
Iwr
Colony Park
Community Center
Policies &Procedures Manual
THE CITY OF
ATASCADERO
COMMUNITY SERVICES DEPARTMENT
people ' "-
perks
Colony Park Community Ccntcr
Physical Address: 5599 Traffic Way
Mailing Address: City of Atascadero, 6907 El
Camino Real
Atascadero, CA 93422
(805) 461-5000
136
'vrrl�
THE CITY OF
ATASCADERO
COMMUNITY SERVICES DEPARTMENT
""Iwo
people • perks • progr tarr:
Colony Park Community Center
Policies and Reservation Procedures
Table of Contents
I. Rental Information..............................................................2
II. Alcohol Policy .......................................................................3
III. Insurance Requirements....................................................3
IV. Decorating Policies..............................................................4
V. Candle &r Fire Code Policies.............................................4
VI. Security Guards ....................................................................5
VII. Cleaning Fee ..........................................................................5
VIII. User Responsibilities ..........................................................5
IX. General Information ...........................................................6
X. Statement of Hold Harmless and Understanding......7
1
137
City of Atascadero
Colony Park Community Center
Policies&Reservation Procedures
RENTAL INFORMATION
1. A completed "Application for Facility Use Permit" is required with all reservation
requests. The City of Atascadero requires a 500/o reservation deposit to accompany
the completed application for a reservation request to be considered. This
reservation deposit is ultimately applied towards facility rental fees, and is non-
refundable.
2. Reservations shall be granted on a first come, first served basis, subject to the
availability of the facility.
3. The City of Atascadero sponsored leagues, events,programs,meetings and classes will
have priority use of facility.
4. All facility use permit requests will be authorized by the Director of Community
Services Department or designee, subject to the availability of the facility. If an
application is not accepted,the reservation deposit will be refunded to the applicant
in full.
5. For all individuals or groups with granted reservations, this signed contract serves as a
facility, use permit and should be displayed or available for validation during all
VOW I
functions.
6. All facility rental fees, cleaning fees, and security deposits must be paid in full to the
City of Atascadero thirty (30) working days prior to usage or the reservation is to be
cancelled and the reservation deposit retained.
7. All permits, insurance certificates, licenses, etc. required in relation to facility use or
type of event are to be obtained by the permit holder as required by law, If required
as policy, a copy of said document(s) must be submitted a minimum of thirty (30)
working days prior to facility usage.
S. The City of Atascadero has the right to retain all or part of the refundable security
deposit if the facility is left unclean or damaged.
9. Permits granted on a continuing basis are valid for a maximum of twelve (12) months.
10. Rental times are adjusted to the next fifteen (15) minutes. The facility must be
vacated promptly at the time specified on the permit.
11. Animals are allowed inside the Community Center only for the following reasons:
• Animals are enclosed in a sealed carrying case (nothing can drop/leak out)
• Animals may be removed from the carrying case only for demonstration purposes
and must be handled by the demonstrator at all times
• Guide dogs will be allowed in the Community Center
2
138
• Above mentioned animals are NOT allowed to roam free inside the Community
Center.
• Additional cleaning costs may be incurred for animal accidents inside the
Community Center.
12. A permit will not be issued for the following reasons:
• Insufficient notice: When department personnel cannot be scheduled, facilities
prepared, or other conditions relating to use cannot be completed in the time
between the date of the request and the proposed usage.
• Hazardous Activities: When activities are of a hazardous nature, which may
endanger persons or property.
• Prior Circumstances: When permit holder has mistreated a facility or failed to
abide by policy during a previous occupancy.
13. Cancellation of Permit:
• By Holder: To cancel a reservation or change the date of a facility permit, the
permit holder must give a minimum of thirty (30) working days notice in
writing. A reservation deposit may be transferred to another date within sixty
(60) days of the current reservation,but is not refundable. To change the time of
an event, a minimum of ten (10)working days notice is required.
• By the City: A permit may be cancelled at any time for any of the following reasons:
If the permit is found to contain false or misleading information. The use or
proposed use would be detrimental to the safety or general welfare of the City or
to the efficient operation of the facility for public welfare. Should any
individual, group, group member or guest willfully or through gross '
negligence, mistreat the equipment, facility, or violate any of the rules or state or
local ordinance. Failure to make rental fee payment within the minimum times
provided. If permit holder defaults on or has not completed all conditions and
requirement for use of a facility. In the event the facility is needed for public or
emergency use.
ALCOHOL POLICY
THERE IS NO ALCOHOL ALLOWED TO BE SERVED OR SOLD AT THE
COLONY PARK COMMUNITY CENTER
Please read and initial the following statements:
I understand that alcohol is not permitted at the Colony Park Community
Center.
INSURANCE REQUIREMENTS
There are two options for insurance for your event:
1. City Insurance: If you choose to use the City of Atascadero's insurance provider, you
must fill out the appropriate paperwork with the City of Atascadero (461-5000).
2. Your Insurance: If you do not want to purchase insurance from the City of Atascadero,
you must provide a Certificate of Insurance naming the City of Atascadero as an
additional insured for one million dollars ($1,000,000).
3
139
DECORATING POLICIES
Please read and initial the following statements:
I understand that all decorations must be of flame retardant material.
I understand that no glitter, confetti,hay, hay bales,rice, or flower petals may be
thrown or used as a decoration inside or outside of the building.
I understand that smoke and fog machines of any sort are NOT allowed.
I understand that any plants or shrubs brought into the building must be in a
waterproof container.
I understand that all rentals, equipment, decorations, etc. must be delivered
and retrieved during the contracted rental times.
I understand that when decorating,not to fasten any decorations to light fixtures
or floors.
I understand that any kind of tape (i.e., scotch, masking, painters, duct, etc.),
thumb tacks,nails,staples,etc. are NOT allowed.
I understand that decorations must be removed immediately after the event.
Decorations left may be discarded and an additional cleaning fee may apply.
I understand that I, the renter, am ultimately responsible if the caterer and/or
decorators do not comply with policy.
CANDLE&FIRE CODE POLICIES
Please read and initial the following statements:
I understand that NO smoking is allowed at any time inside City of Atascadero
buildings or within 20 ft. of the building.
I understand that CANDLES ARE NOT PERMITTED INSIDE THE
COMMUNITY CENTER:
I understand that a distance of 15 inches of clearance shall be maintained
between the front and back of each row of chairs. The Pavilion staff will arrange
tables/chairs accordingly and the renter and/or guests will not move them
without prior approval.
I understand that in areas without fixed seats,an aisle width of 36 inches shall be
maintained. An aisle width of 44 inches shall be maintained where tables or
other furnishing create an obstruction on both sides. The Community Center
staff will arrange tables/chairs accordingly and the renter and/or guests will not
move them without prior approval.
I understand that all building exits for ingress and egress of occupants shall be
maintained with a clear pathway at all times. Marked exits shall be free of any
obstacles or obstructions (i.e. chairs, tables, etc.). The Community Center staff
will arrange tables/chairs accordingly and the renter and/or guests will not move
them without prior approval.
I understand that at least one person shall be designated as "Fire Watch". Such
person shall become familiar with locations of fire alarm pull stations, fire
extinguishers and exiting in case of emergency.
4
140
I understand that overcrowding and admittance of persons beyond the posted
occupant capacity of City of Atascadero facilities is prohibited. The Fire
Marshall, upon finding overcrowding conditions or obstruction in aisles,
passageways or other means of egress, or upon finding a condition which
constitutes serious menace to life, is authorized to pause the performance,
presentation, spectacle or entertainment until such obstruction is corrected.
SECURITY GUARDS
General Information regarding Security Guards at the Colony Park Community Center:
• One (1) security guard is required for every one-hundred (100) or thereof occupants
with a four (4)hour minimum.
• Please note that a final guest count is due ten (10) working days prior to the event.
Should your final count be more or less than expected, the number of guards
required could change,thus affecting the estimated total due.
Please read and initial the following statements:
I understand that security guards are required when the event is in honor of or is
for persons 12-18 years of age.
I understand that the Community Center Director will reserve the security
guards and the costs will be passed along to me.
I understand that one (1) security guard is required for every one hundred (100)
or thereof guests.
I understand. that security guards must be present from the time guests arrive
until the last person vacates the
premises,including clean-up crew.
CLEANING FEE
The cleaning fee for using the Community Center is $250. This fee will only be charged if
the event constitutes a large amount of impact and cleaning. This is a fee, not a deposit,
and therefore is NOT refundable nor negotiable. This fee covers the cost of commercial
cleaning and janitorial supplies.
SECURITY DEPOSIT
A $350 security deposit will be taken at a final meeting approximately twenty (30)
working days prior to your event. The security deposit is completely refundable
following a satisfactory conduct report after your event. The security deposit will cover
such expenses as over-time charges, additional cleaning fees, police or fire being
dispatched to your event, and/or any damages that might occur to the Community
Center or the Community Center's equipment. The security deposit is required for all
special events held in the Community Center's Gymnasium. If public safety is called to
your event for any reason,your security deposit will automatically be forfeited.
USER RESPONSIBILITIES
Please read and initial the following statements:
I understand that I am responsible for leaving the Community Center in a clean
and orderly fashion. If a cleaning fee has been charged, I understand that my
cleaning entails removing anything that was brought into the Community
Center,including the trash.
I understand that garbage needs to be emptied into the green Waste Alternatives
dumpsters located outside the building. Trash liners and cans will be provided.
If the dumpsters are full, trash must be taken with renter. Close the lid on the
dumpsters after the event to keep out wild animals.
5
141
I understand that 1, the renter, am ultimately responsible if the caterer,
decorator,deliver companies,etc. do not comply with policy. Community Center
staff will not be used to remove decorations, garbage, etc. and fees will be
„001W deducted from the security deposit.
I understand that I must return all equipment in the same condition as received
and will be responsible for lost and/or damaged equipment.
I understand that it is my responsibility to check in with the Community Center
staff upon my arrival and to again check out with the Community Center staff
upon my exit. if I fail to check out upon exit, I accept the Community Center
staff person's evaluation of the status of the building as left after my event.
I understand that all rentals, equipment, decorations, etc. must be delivered and
retrieved during the contracted rental times.
I understand that the Community Center staff has the right to close the building
at any time during my rental if any federal,state or city laws, and/or Community
Center policies are violated.
GENERAL INFORMATION
1. Community Center staff will set up all equipment prior to your arrival. You will be
able to set-up and decorate as soon as you arrive.
2. IMPORTANT: Please check in with staff upon arrival and check out with staff upon
departure. Please have photo ID available.
3. The facility is not available prior to your start time for deliveries of any sort.
4. Please notify the Community Center Director of any unusual request or decorations
not discussed in the"Decorating Policies" section of this contract.
5. Please share the following information with your DJ and/or Band:
• We suggest that entertainment cease at least one hour prior to the end of your
contracted rental time. All amplified entertainment must cease by 12
AM.
• There are NO fog machines allowed at the Community Center. NO EXCEPTIONS!
• Please DO NOT use tape of any kind on the floors,walls,windows or mirrors. NO
EXCEPTIONS!
• Mats will be provided to cover cords. Please ask the Community Center staff for
assistance. .
6. This facility can be rented during the hours between 8 AM and 12 AM.
7. The City of Atascadero assumes no responsibility for loss, theft, or damage of any
property brought into the Community Center.
8. The permit holder has the responsibility to obtain any permit(s) and/or license(s)
required by City of Atascadero ordinances or State laws, pertaining to the nature of
their event, a copy of which must be on file with the Community Center Director.
9. The Director of the Community Services Department and/or designee shall enforce or
cause to have enforced the provisions herein; and shall have the authority to deny use
of any facility to an individual or group who refuses to comply with the policy and
procedures.
6
142
STATEMENT OF HOLD HARMLESS AND UNDERSTANDING
Applicant hereby agrees to comply with all City and State laws, City of Atascadero and
Community Center Policies. Applicant further agrees to hold harmless, defend and
indemnify the City of Atascadero and it's officers, employees and agents for loss,damage,
liability, cost or expense arising from the use or occupation of the facilities and
equipment relating to this application.
I certify that I have read and am familiar with the policies and procedures pertaining to
the use of facilities and/or equipment on this facility use permit application.
Signature of Applicant Date
Community Center Approval Date
7
143
ITEM NUMBER: C-3
DATE: 9-11-07
n
ieia �
1978
Atascadero City Council
Staff Report - Community Development Department
Development Services
Permit Streamlining Program
Update Presentation
RECOMMENDATION:
Council receive and file the report.
DISCUSSION:
Since 2000, the Community Development Department has been committed to
streamlining and improving the entire development reviewing and permitting system. In
2002 Phase I of the Permit Streamlining Program was completed. Phase II of the
streamlining program was completed in 2003. Since 2004 staff has been engaged in a
number of on-going improvements to the permitting process. This Phase III process
has been a joint effort of the Community Development Department, Public Works
Department, and Fire Department.
Staff's goal has been to continue to improve customer service, speed up the permitting
process, and improve the quality of projects. Maintaining the efficiency of the permitting
process is an on-going effort that is never finished. The annual increase in the number
of permits and new requirements, such as affordable housing, threaten to cancel out
improvements in other parts of the permitting process.
Staff will present a report updating the status of the latest efforts to improve the
permitting process.
144
ITEM NUMBER: C-3
DATE: 9-11-07
Atascadero Building Permits
Annual Volumes
1980 -2006
Permit activity level remains at
1600near record levels in 2006.
However, permit activity levels
dropped in 2006 for the first time
1400 in nine years.
1200 -
A2 1000
E
a721 permits:annual average
C) 800
C
32
• z
m 600 s, `
400 .
200
�...,, .... <... .Na- ..
0 ,
'gdry A°j�^� A°b wql 'q1 '4b 'q 'q1 AglO w,bl ^99ry ^°l9M ^9�b ^°J9h ^�b ^°��1 A�90 A�99 ryO�O ry°°� ryo�ry ryOlM ry°°a ryOOy ti�0a
Year
145
eIN 1,
111 LT I [,C�N 11 V, 4, M
L
P t ,Swt P h
IS l l
• Counter Reorganization * Counter Permit Assistant(Full'Time)
• permit Hotline(phone &e-mail) * Building Inspector I(Full Time)
• Customer Service Training/Positive Speak - Chief Building Official
• Improved Research - Associate Planner(contract)
• Consistent Information Standards * Public Works Plait Checker,/NPDES/Inspector
-Contract Inspection Service
*Cross Training of Staff
Outside
Audit
Process
• EDEN Updates 1 Fixes GIs ^ Web Based Penn it Center
• Phone System Web Plait Check Status Checker
• Install Business License Software - Web Application Forms
• Counter Receipting with EDEN - Web Zoning and GP Maps
• Counter GIs - Fee Estimator
• Intake Process Com puter Trucking - Commercial T1 Express Template
• Permit Issuance i Fee Calculations Streamlining - Council Status Reports
• GIs 3.1 Installation/Training
• GIs Address Database - chamberot Commerce Coordination Meetings
-
• Outlook Plan Check Tracking Upgrades Tree Protection Guidelines Handouts
• Fire Plait Check Streamlining - Expanded Customer information Handouts
ITEM NUMBER: C-3
DATE: 9-11-07
Phase III of the Permit Streamlining Program was a joint effort among the Community
Development Department, Public Works Department, and Fire Department. The three
departments worked together on a series of improvements to the permitting process.
Improvements were made to Customer Service, Plan Check Routing, Plan Check
Review, and Project Quality.
a rr
1. Now Permit Canter 1, Install now,CDS 1. Contract Associate 1. Contract Building
Counter Permitting Software Civil.Engineer in. Inspector for Major
2. Customer Service PLNl BI^C Cam Dev Tracts
Training Program 2. Now Final Map 2. Improve PRT meetings 2. Create Inspection
Tracking Process Coordiination Meeting t
3. Improve ResponsesFit,- 3.3. Simplify Routing . Plan Check in City hlal4' Improve Inspection
Engineering and ir+ process on Minor 4. First Man Checks. Process&Efficiency
Ouestions.wfStondardPermits Complete t'Oen-Time
Counter Flours 3. More information to
c Trucking System for g', Dire Contract Traffic Council
4. Courttor G,IS Support documents
Engineer 4. More Council Study
5, Develop Business 6, Update Fire Hazard Sessions
License Tracking map UYIIIC
Software 5, Hire Contract Arborist
7. Update Public,Works
6. install now COS Code Standards&Maps 6. Update Appearance
Enforcement Software Review Guidelines
8. Simplify Building Plan T. Update Zoning
7. Fee Estimator Che1t.
Ordinance
6. Fire Department 9. 1 Week Sign Permits
Standards.Handouts &. Traject Information
Sheets
9. Public Works
Standards Handouts 9. Public Workshop
Policy
10.New Handout Wall
System
11, Counter Sewer Atlas
NOW
147
ITEM NUMBER: C-4
DATE: 9/11/07
'
A tascadero City Council
Staff Report - Community Development Department
Annual Housing Report
Calendar Year 2006
(PLN 2006-1133)
(Notice to Council of filing of Annual Housing Report to Department of Housing
and Community Development to monitor implementation of the City's General
Plan Housing Element and progress toward meeting the City's Regional Housing
Needs Allocation (RHNA))
RECOMMENDATION:
City Council receive and file the attached Annual Housing Report.
DISCUSSION:
Background: The State of California requires all cities to file an Annual Housing Report
to the Department of Housing and Community Development (HCD). The purpose of the
Housing Report is to monitor the implementation of the City's General Plan Housing
Element and progress toward meeting the City's Regional Housing Needs Allocation
(RHNA).
Summary: The City of Atascadero has made tremendous progress in meeting the goal
of providing a variety of housing opportunities for the public since the adoption of the
General Plan in 2002. The Council has tasked staff with a number of priorities related
to housing production and general plan implementation including:
■ implement the General Plan's Smart Growth Principles
■ Increase the amount of affordable housing
■ Implement an inclusionary housing program
■ Allow mixed use development in commercial zones
■ Encourage infill and reinvestment of underutiltized areas
■ Create a 2nd unit housing program and amnesty program
■ Expand the use of the density bonus program for affordable housing
■ Cooperate with outside agencies on affordable housing projects
■ Improve the permitting process with the Permit Streamlining program
148
While the year 2006 saw a slow down in the housing market, the City has continued to -�-.
make significant progress on all of these priorities. Section 2 of the attached report
provides a detailed description of the progress and accomplishments related to these
tasks. One of the primary goals of the General Plan is to utilize Smart Growth principles
to encourage infill development within the urban core rather than permit development at
the periphery of town. The Urban Form diagram of the 2002 General Plan identified the
urban core as the areas along EI Camino Real and Morro Road with Downtown as the
central node for the community.
General Plan Policy LOC 1 .1.1 calls for the preservation of community "elbow room"
and rural character by maintaining large lots at the perimeter of town and directing new
development into the Urban Core.
Goal LOC 1. Protect and preserve the rural atmosphere of the
community by assuring"elbow room' for residents by
means of maintenance of large lot sizes which increase
in proportion to distance beyond the Urban Core.
Policy 1.1. Preserve the rural atmosphere of the community and assure"elbow room"in areas
designated for lower density development by guiding new development into the
Urban Core to conform to the historic Colony land use patterns of the City and to
respect the natural environment,hillside areas and existing neighborhoods.
fIGUH 11-3: Urban form of Afascadero
Mixed Use Node
Rural l Suburban Residential V��•. ..' :^ 4 '�.,, i
(2.5 as min lots) -
."„
r k t Single Family NeigIrlbomoods
,ay tY b Drl',I;lurr,
Downtown
JA
Urban Gore
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'
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.1i� _
F
tr � Rx l
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Greenbelt
+-�
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149
Since the adoption of the General Plan in 2002, the City has approved land use
entitlements for approximately 1,700 dwelling units. The following diagram indicates
that the vast majority of these new units are located within the Urban Core, consistent
with the General Plan's Smart Growth Principles.
,3r
C
ityof Atascadero
,
�.. Approved Residential Projects
Clry eounaenes
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150
Analysis: The year 2004, was approximately half way through the RHNA time period.
The RHNA allocates approximately 180 dwelling units per year to the City of
Atascadero. As of December 31, 2004, Atascadero had met approximately 46% of its
housing allocation, and has met or exceeded the requirement for above moderate or
market rate housing. As of December 31, 2006, Atascadero saw an additional 351
residential units completed. Currently the City has met approximately 68% (up from
43%) of the requirement for moderate housing, and 27% for low housing (up from 16%).
These percentages only reflect units that have been finaled and don't reflect future
entitled units or the many units currently under construction. Most of these units were
approved prior to the adoption of the Inclusionary Affordable Housing Policy.
Staff expects additional very low, low, and moderate units will be completed in the
coming year (2007) increasing the City's percentage of very low, low, and moderate
income units as projects approved under the inclusionary policy complete construction.
TABLE 6 — City of Atascadero's Share of the RHNA*
SINGLE-FAMILY°UNITS BY INCOME CATEGORY
ABOVE,
YEAR , QUERY LOWLOW*" `_MODERATE* * ` ` TOTALS
MODERATE
Target Actual Tar et Actual , Tar of Actual Ta°r e# Actual Target Actual
2001 46 0 34 5 41 0 61 94 182 99
2002 145 0 34 4 41 91 61 177 181 272
2003 46 0 33 6 40 3 60 132 179 141
2004 45 0 33 1 40 2 60 131 178 134
2005 46 0 33 26 40 34 61 61 180 121
2006 46 0 34 27 40 78 60 125 180 230
2007 46 0 34 0 40 0 61 0 181 0
2008 6 Mnths 25 0 19 0 22 0 33 0 98 0
TOTAL 345 0 1254 69 1304 1 208 456 720 1,359 997
The Low category includes all apartments, second residential units and guest houses.
The Moderate category includes all non-deed restricted multi-family units and manufactured homes.
151
r Conclusion: In a region with declining housing production and decreasing affordability,
the City of Atascadero has made significant progress toward providing its share of
housing. The projects that have been approved to date appear to be adequate to meet
the City's RHNA from 2001 — 2008. Housing construction in the Dove Creek, Oak
Ridge Estates and Woodridge projects is expected to continue into 2007-09. Coupled
with construction starts on West Front's 32 units, the Colony Square's 67 units and the
40 units in the EI Camino Real mixed use project, the City can expect an additional 200-
300 residential units over the next few years.
FISCAL IMPACT: None.
ATTACHMENTS: Attachment 1: Annual Housing Report
152
Attachment 1
Annual Housing Report
City of Atascadero
,A
m
I®
FOUNDED INCORPORATED
1915 1979
Annual Housing Report
Calendar Year 2006
June 2007
153
CITY OF ATASCADERO
CITY COUNCIL
George Luna, Mayor
Mike Brennler, Mayor Pro Tem
Ellen Beraud, Councilmember
Jerry Clay, Councilmember
Tom O'Malley, Councilmember
PLANNING COMMISSION
Joan O'Keefe, Chairperson
Roberta Fonzi, Vice Chairperson
Pamela Heatherington, Commissioner
Sandy Jack, Commissioner
Doug Marks, Commissioner
Gregory Slane, Commissioner
Daniel O'Grady, Commissioner
COMMUNITY DEVELOPMENT DEPARTMENT
Warren Frace, Director
Steve McHarris, Deputy Director
Kerry Margason, Contract Planner
154
TABLE OF CONTENTS
INTRODUCTION ................................................................................................ 1
SECTION 1 - GOALS AND POLICIES
Housing Element Goals and Policies .......................................................3
SECTION 2 — DESCRIPTION OF HOUSING PROGRAMS
AND PROGRAM ACCOMPLISHMENTS
Redevelopment Set Aside Housing Fund Program..................................8
Inclusionary Housing Policy .....................................................................8
MixedUse Policy......................................................................................9
Second Residential Unit Ordinance ......................................................... 10
Second Unit Amnesty Policy.................................................................... 10
Section 8 Housing Voucher Program....................................................... 10
Cooperation with Other Agencies............................................................. 11
CDBGFunding......................................................................................... 11
DensityBonus.......................................................................................... 12
Historical Preservation ............................................................................. 13
EnergyConservation................................................................................ 14
SECTION 3 — PROGRESS TOWARDS REGIONAL HOUSING NEEDS ALLOCATION,
REDUCTION OF GOVERNMENTAL CONSTRAINTS AND OTHER
ACCOMPLISHMENTS
Progress Towards the Regional Housing Needs Plan Allocation............. 16
Reduction of Governmental Constraints .................................................. 17
Additional Accomplishments .................................................................... 17
SECTION 4 — SUMMARY AND RECOMMENDED HOUSING PRIORITIES FOR 2006
Summary..................................................................................................21
Recommended Housing Priorities for 2006..............................................22
155
TABLES
Table 1 — Quantified Objectives of the Housing Element....................................6
Table 2 — Redevelopment Housing Funds Received..........................................8
Table 3 — In-lieu Housing Funds.........................................................................10
Table 4 —CDBG Funds Disbursement................................................................13
Table 5 — Density Bonus Projects...... ................................................................14
Table 6 — City of Atascadero's Share of the Regional Housing Needs Allocationl7
Table 7 — Percentage of Quantified Objectives Met............................................21
FIGURES
Figure 1 — Issued Building Permits 2006 ............................................................20
EXHIBITS
Exhibit A— City Map with Key Points Located
156
INTRODUCTION
The past few years have been an exciting time for the City of Atascadero's housing
programs. The update of the City's General Plan and Housing Element began a period
of both commercial and residential growth in the City. The City Council implemented
many policies and actions to promote a variety of housing products and provide
affordable housing for our workforce. These actions include:
■ Updating the General Plan and Housing Element in 2002
■ Adoption of an "Inclusionary Housing" Program in 2003
■ Adoption of a "Mixed Use" Program in 2004
■ Adoption of a Second Residential Unit ordinance in 2004
■ Adoption of a Second Unit Amnesty policy in 2004
■ Adoption of Equity Sharing Program for moderate income units 2005
■ Authorization to Begin Process for Inclusionary Housing Ordinance 2005
■ Authorization to Begin Process for Condominium Conversion Ord. 2005
All of these actions contribute to Atascadero's housing programs and enable the City to
move forward in implementation of the City Council adopted Housing Element. The
years 2001 through late 2005 continued to show growth. With the start of 2006, the City
began to see a slowing of growth in the housing market.
The purpose of this report is to:
■ Comply with Section 65400 of the Government Code; and,
• Provide the City Council with a summary of the progress made towards reaching
the goals of the Housing Element for the year 2006; and,
■ Acknowledge the goals which continue to need the attention of the City Council
in order to fully implement the Housing Element.
This report is formatted to meet the recommendations of the State Department of
Housing and Community Development. The Housing Element goals and policies are
listed in Section 1, followed by a brief description of the City's current housing programs
and accomplishments in Section 2. Section 3 describes the progress achieved in
meeting the Regional Housing Needs Allocation, reducing Governmental Constraints on
development and a brief discussion of other housing accomplishments. Section 4 is a
summary of the City's achievements and Staff recommended housing program priorities
for 2007.
1
157
SECTION 1
GOALS AND POLICIES
a
2
158
HOUSING ELEMENT GOALS AND POLICIES
GOAL HOS 1: PROMOTE DIVERSE AND HIGH QUALITY HOUSING
OPPORTUNITIES TO MEET THE NEEDS OF ALL SEGMENTS OF
THE COMMUNITY
Policy 1.1: Encourage steady production of new housing, including
mixed-use projects in commercial land use areas, to
meet the needs of all household types in the City.
Policy 1.2: Encourage a variety of high quality housing types in
multi-family areas.
GOAL HOS 2: INCREASE HOME OWNERSHIP OPPORTUNITIES
Policy 2.1: Promote development and construction of new housing
units for ownership, especially by low and moderate
income families.
Policy 2.2: Promote and encourage availability of new housing
units to first time homebuyers.
GOAL HOS 3: ENSURE THAT AN ADEQUATE AMOUNT OF RENTAL HOUSING
EXISTS
Policy 3.1: Ensure that the proportion of low and moderate rental
housing is not significantly reduced.
Policy 3.2: Prioritize construction of additional assisted housing
units.
GOAL HOS 4: PROTECT AND CONSERVE THE EXISTING HOUSING STOCK AND
NEIGHBORHOODS
Policy 4.1: Encourage conservation and preservation of
neighborhoods and sound housing, including places
and buildings of historical and architectural significance.
Policy 4.2 Encourage conservation and preservation of houses
that have historical and architectural significance.
Policy 4.3: Encourage attractive architecture and site landscaping
that respect terrain and native trees.
Policy 4.4: Protect housing affordability where it currently exists.
3
159
GOAL HOS 5: ENCOURAGE ENERGY CONSERVATION MEASURES IN NEW AND
EXISTING HOMES
Policy 5.1: Continue to make residents aware of available energy
saving techniques and public utility rebates.
Policy 5.2: Encourage solar and other innovative energy designs
when consistent with State and local ordinances.
GOAL HOS 6: IMPROVE HOUSING OPPORTUNITIES AND LIVING CONDITIONS
FOR PEOPLE WITH LOW AND MODERATE INCOMES AND THOSE
WITH SPECIAL NEEDS
Policy 6.1 : Ensure that all persons regardless of race, religion,
age, sex, marital status, ancestry, national origin, or
color have equal access to sound and affordable
housing.
Policy 6.2: Encourage lending institutions to provide loans for
projects for special needs groups, including one-parent
households.
Policy 6.3: Encourage multi-family projects that provide affordable
housing.
Policy 6.4: Encourage the development of multi-bedroom units for
families.
Policy 6.5: Ensure that persons with disabilities have adequate
access to housing.
GOAL HOS 7: EXPAND HOUSING ASSISTANCE EFFORTS
Policy 7.1: Support rental assistance programs.
GOAL HOS 8: DECREASE NON-GOVERNMENTAL CONSTRAINTS ON HOUSING
PRODUCTION
Policy 8.1: Encourage interplay between lending institutions, the
real estate and development community and the City to
better understand and address non-governmental
constraints and facilitate production of affordable
housing.
Policy 8.2: Help lower development costs where feasible,
especially for low and moderate income housing units.
4
160
GOAL HOS 9: DECREASE GOVERNMENTAL CONSTRAINTS ON HOUSING
PRODUCTION
Policy 9.1: Review projects in as timely a manner as possible,
while maintaining adequate public involvement and
fulfilling the appropriate requirements of State and local
laws.
GOAL HOS 10: ENSURE AN ADEQUATE SUPPLY OF LAND FOR NEW HOUSING
PRODUCTION
Policy 10.1: Encourage infill and intensification in areas suitable for
housing within the USL.
Policy 10.2: Consider revising the Zoning Ordinance to allow mixed
use projects outside the downtown area.
The Housing Element includes Quantified Objectives, as shown in Table 1 below, and
as defined by the City Council, to aid in tracking the progress of meeting the stated
goals and objectives.
5
161
Table 1: Annual Quantified Objectives,2001-2008
pa
New Construction
1.1 (2) Downtown mixed use 1 8
1.1 (3) Small lot single-family 10 100
1.1 (4) PD in SFR-X Zone 12 12
1.1 (5) Specific Plans for large projects 5 5
1.1 (7) Mobile and group homes 33
1.1 (8) Support Apartment Construction 2 6 16 24
2.1 (1) Density bonus 1 4 5
2.1 (2) PD-7 for small lot sub'ds. 5 12 17
2.2 (l) Mort. Credit Cert. pgm. 2 2
2.2 (2) inclusionary ordinance 3 3
3.1 (3) Second units in SFR-Y 3 3
3.1 (4) Mixed-use projects 3 4 7
3.2 (l) Pub./private partnerships 3 3
6.4 (2) Large family units 3 3
Conservation
3.1 (2'1 Non-profit involvement 2 2
Rehabilitation
4.1 (3) Federal grant programs 14 14
4.2 (3) RDA funds 6 6
4.4 (l) No net loss of aff. units 0
Total Planned/Year 46 32 50 128
Total Required/Year 46 321 46 124
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SECTION 2
DESCRIPTION OF HOUSING PROGRAMS
AND PROGRAM ACCOMPLISHMENTS
163
Redevelopment Set Aside Housing Fund Program: The City Council established a
' Community Redevelopment Agency and adopted a Redevelopment Plan in July 1999.
A revision to the Redevelopment Plan in May 2003, clarified and refined the Agency's
voting requirements. Some of the objectives of the Plan are to revitalize the downtown
area, improve/correct existing infrastructure deficiencies, and expand and/or improve
the community's housing stock in the redevelopment area.
Program Accomplishments (Ongoing Program): As shown in Table 2 —
Redevelopment Housing Funds Received below, the City has received approximately
$1,729,590 in Low/Moderate Housing Set Aside funds. To date, $67,269 has been
received in interest income and $46,829 has been spent on administration and Housing
Trust costs. This leaves a balance in the fund of $1,750,030 as of June 30, 2006. In
fiscal year 2006/2007, $142,290 of these funds were spent on the San Luis Obispo
Non-Profit Housing Corporation's nineteen (19) unit senior housing project, located on
EI Camino Real. An additional $370,000 was earmarked for a 4-unit Habitat for
Humanity Project on Traffic Way. Staff, in conjunction with the Housing Committee, will
be outlining programs for the Redevelopment Board of Directors' review to best
determine how to use the funds to implement the Redevelopment Plan.
Table 2 - Redevelopment Housing Funds Received
1999- -
2000
2000- $70,36 $70,36
2001
2001- $153,11 $153,11
2002
2002- $190,57 $190,57
2003
2003- $265,44 $265,44
2004
2004- $418,531 $418,531
2005
2005- $631,55 $67,269 $46,829 $651,99
2006
TOTAL $1,729,590 $67,269 $46,829 $1,750,03
TO
DATE
r✓ InclusionarV Housing Program: In June of 2003, the City Council adopted an
"Inclusionary Housing" Program that required all development projects needing a
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"legislative" approval to deed restrict 20% of the proposed residential units for affordable
housing. The required 20% is to be distributed as 20% Very Low, 37% Low and 43%
Moderate in multi-family and commercial mixed use zoning districts and 100% Moderate
in single-family residential zoning districts. Projects proposing ten (10) units or less
may, at the developer's option and with City Council approval, pay in-lieu fees at 5.0%
of the construction valuation for each residential unit or fractional unit in the project.
Projects proposing eleven (11) or more residential units must have City Council
approval to use the in-lieu fee option. Deed restrictions are for a period of 30 years.
The program also requires that the affordable units be of comparable quality and
dispersed throughout the project.
Program Accomplishments (Ongoing Program): In 2003 and 2004, the City processed
several entitlement projects that required inclusionary housing or in-lieu fees. Many of
these projects are still in the process of recording final maps and applying for building
permits.
In 2003, deed restrictions were obtained for three (3) units, all at the moderate income
level. Building permits were completed for three moderate deed restricted units in 2003
(two of the moderate units from 2003 and one moderate unit that began construction in
2002).
In late 2005, the City Council adopted a revised inclusionary housing policy program.
This new program is an equity sharing program for single family moderate income level
units that provides for more flexibility when a purchaser might need to sell the unit. In
addition to the equity-sharing provision, the City holds a silent second on the unit which
does not have to be repaid until the unit sells.
In 2005, there were 27 moderate level deed restricted units under the original
inclusionary program. In early 2006, that number grew to approximately 40 based on
the Developer Agreements that were required at the time of final map recordation.
Implementation of the new inclusionary program started immediately and all Zone
Change requests approved in 2006, were subject to the new program. In addition, two
large projects that were approved prior to 2006, realized the value of the new
inclusionary program, and all units in these projects have been sold under the
parameters of the new inclusionary program [The Colony at Apple Valley and Las
Lomas (Woodridge)].
Approximately 20 units were completed and sold in early 2006. Exhibit A, attached to
this report, shows the location of the units and provides a tabulation of the type of deed
restriction obtained. Exhibit A locates both projects which have been approved, but are
still in the final map and/or building permit stages and projects which have completed
the construction process. Many of the units listed in Exhibit A will not come on line until
2007 or later.
As of June 30, 2006, the City had collected in-lieu fees in the amount of $361,760 and
issued $2,115,046 in affordable housing program loans. The fund has received $5,427
in interest and spent $15,500 on legal services needed to implement the Affordable
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Housing Loan Program. This leaves $2,115,046 in loans receivable and $351,687 in
vftw available funds as of June 30th, 2006. In June 2007, a moderate level deed restricted
unit was purchased by the City, using $322,904 of the available funds.
Table 3 — In-lieu Housing Funds
X E
1 x �iI �� �� I�aOil TIJa11 �T14
ki 3�t } E S ` d g t 5
2003-2004
2004-2005 82,818
2005-2006 278,942 2,115,046
2006-2007
TOTAL TO DATE $ 361,760 $ 2,115,046
Beginning in 2007, it is anticipated that the City Council will budget a portion of the in-
lieu fees for consulting services to develop goals and recommendations for allocation of
the Inclusionary In-lieu fees and the Redevelopment Set-Aside program.
This housing program contributes to the implementation of Housing Element Goals 2, 6
and S.
Mixed Use Policy: Provisions for mixed use residential/commercial development were
added to the General Plan during the update process in 2002. In April 2004, the City
Council adopted a mixed use application processing policy. This policy allows for
Vertical Mixed Use through a Zone Change/Planned Development application and
Horizontal Mixed Use through a General Plan Amendment.
Program Accomplishments (Ongoing Program): The City processed its first mixed use
entitlement in 2004, as a General Plan Amendment for a horizontal mixed use project.
The project allowed for a commercial use on a main thoroughfare, with a duplex unit
behind the store (K-Jons). Since that time, the City has processed approximately 6
additional mixed use projects, resulting in 467 units.
The Principal Avenue project consists of 45 residential units (36 market rate; 4
moderate; 3 low and 2 very low) in conjunction with commercial development. The
project was approved in 2004, but to date, the project developers have not submitted for
building permits and it currently appears that the project site is for sale.
In September of 2004, the City approved its largest mixed use project —The Dove
Creek Development with 279 residential units. This project will contribute 20-very low
income units to the inclusionary program. Construction is under way and the first units
were sold in early 2007.
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The Colony Square project was approved in August of 2005. Demolition has
commenced and building permits are ready to issue. This project proposes 67 market
rate residential units.
In October 2005, the West Front project was approved. This project includes 32
residential units with 1-very low, 2-low and 3-moderate inclusionary units. The
commercial aspect of the project includes a motel which is currently under construction.
This housing program contributes to the implementation of Housing Element Goals 1, 2,
and 10.
Second Residential Unit Ordinance: On July 27, 2004, the City Council adopted a
"Secondary Residential Units and Accessory Structures" Ordinance, that became
effective August 27, 2004. Previous to this ordinance, second units were only allowed
in the Single-Family, One-Acre Minimum Zoning District, when the property was verified
to be one acre net. The new ordinance allows for second units in all residential zoning
districts, subject to development standards regulating square footage, parking and
wastewater requirements.
Program Accomplishments (Ongoing Program): Under the new ordinance, twenty-four
(24) secondary residential units have been completed. In accordance with State
guidelines, these second units are incorporated into Table 6, as "Low" income units.
This housing program contributes to the implementation of Housing Element Goals 3, 4,
6, 9and 10.
Second Unit Amnesty Program: In addition to the Second Unit Ordinance, the City
Council adopted a Second Unit Amnesty Policy that provides for registration of second
units and guesthouses that were constructed or converted without entitlement or
construction permits. The Amnesty Program runs from September 1, 2004 until
September 1, 2006.
Program Accomplishments (Ends September 1, 2006): Since the implementation of the
Second Unit Amnesty Program on September 1, 2004, the City has completed nine (9)
permits for non-permitted second units.
This housing program contributes to the implementation of Housing Element Goal 4.
Section 8 Housing Voucher Program: This is a state funded program, administrated
by the Housing Authority of San Luis Obispo (HASLO). Income qualified households
may have a portion of their residential rental costs subsidized by the program.
Program Accomplishments (Ongoing Program): This program is administered by the
Housing Authority of San Luis Obispo (HASLO). HASLO has administered the program
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since the mid-1970s. As of June 1 , 2007, HASLO has 264 units (15%) within the City of
Atascadero under Voucher contract out of a total of 1,754 units County-wide.
This housing program contributes to the implementation of Housing Element Goal 3.
Cooperation with Other Agencies: This is a flexible, informal policy that allows the
City to work with public and/or non-profit agencies in the procurement and/or
construction of various affordable housing projects to meet the needs of multi-family,
single-family and senior households.
Program Accomplishments (Ongoing Program): In 2004, the City worked with the
Economic Opportunity Commission (LOC) processing an entitlement permit that allows
for a 32-bed overnight shelter in its Residential Suburban Zoning District. While the
Planning Commission and the City Council approved the project, EOC experienced
difficulties in finding grant monies. The approved Conditional Use Permit has expired
and EOC is currently looking for a site more favorable for financing.
Housing Authority of the City of San Luis Obispo HASLO processed entitlement
permits for a 19-unit senior housing project. The Conditional Use Permit was approved
in December 2003. The City contributed redevelopment monies to the project in order
to reduce costs. Construction on this project was completed in April 2007. The entire
project is deed restricted to require that the units be rented for no more than 60% of the
median County income level, qualifying the units as "lower" income.
Habitat for Humanity for San Luis Obispo identified a project site at 5440 Traffic Way
and has been working with the City's Redevelopment Agency and Community
Development Department to secure financing and process entitlement permits for a four
(4) unit project. This is an ongoing project which should be presented to the Planning
Commission and the City Council in the summer of 2007.
In addition to specific projects, the City works closely with HASLO for certification of
eligible households for deed restricted units, and exploring ways and means to promote
and provide affordable housing within the City.
The City also holds a commissioner's seat on San Luis Obispo Housing Trust Fund's
Commission.
This housing program contributes to the implementation of Housing Element Goals 1, 3,
6 and 7.
CDBG Funding: Community Development Block Grant (CDBG) funding is provided by
the Federal Government to communities to benefit low and moderate income groups,
address slums or blight and/or meet a particularly urgent community development need.
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Program Accomplishments (Ongoing Program): In keeping with the goals (and
requirements) of the CDBG program, the City uses these funds to support and assist
youth, housing, health, and code enforcement programs, in addition to urban renewal
projects.
As shown in Table 4 - CDBG Funds Disbursement, approximately 7% of the CDBG
funds for 2006, were awarded to various housing programs, including the EI Camino
Homeless Organization (ECHO). This organization provides overnight shelter to
homeless individuals and works with the Economic Opportunity Commission (EOC) of
San Luis Obispo County to provide ongoing services designed to help individuals into
permanent housing situations.
Table 4 - CDBG Funds Disbursement
{ R
G
p y r
�r1UtC '�w�t� �in
Americans with Disabilities $22,000 9% $67,679 30% 0 $0 0/o 0
Act $228,492 40/o
Youth Services $49,100 22% $7,000 3% $14,000 2% $9,735 3%
Health Services $6,000 3% $2,000 1% $8,000 1% $26,000 9%
Housing Services $17,900 8% $27,345 12% $29,240 5% $18,000 7%
*Redevelopment'Economic $5,500 2% $26,500 12% $198,965 35% $134,525 51%
Development
Code Enforcement $85,000 37% $50,000 22% $50,000 9% $50,000 19%
Administration $42,174 19% $45,131 20% $45,138 8°0 $27,209 10%
**TOTALS $227,674 100% $225,655 100% 1 $573,833 100% $265,469 100%
'Literacy Council grants are included in the economic development funds
**Code Enforcement grants include substandard housing enforcement funds
There has been some delay between the allocation of funds and the actual spending of
those funds, resulting in the need to reallocate funds.
This housing program contributes to the implementation of Housing Element Goal 6.
Density Bonus: The City provides a density bonus program that allows for a 35%
increase over the base density when deed restricted affordable housing is provided in a
project. In addition to the 35% increase, an additional 15% increase may be awarded
for a project that provides exceptional architectural design.
Program Accomplishments (Ongoing Program): Over the course of the last few years,
several projects have been through the entitlement process which included density
bonuses. The City allows for an additional 10% density increase over the State
requirement of 25% when inclusionary housing is included in a project. Multi-family
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projects with exceptional architectural design may receive an additional 15% density
wr increase, for a potential 50% increase over base density.
Table 5 — Density Bonus Projects shows the projects which have received bonus
densities in the last few years. With the slow down in the housing market over the last
year, the City did not have the opportunity to award any density bonus units for 2006.
Table 5 — Density Bonus Projects
w.
} N
RS 12 4 16 10/08/02
RSF-X 56 14 70 08/12/03
RSF-X 247 22 9 278 09/23/03
RMF-16 64 22 86 10/07/03
rrr+
19 12/02/03
CR 14 5
RSF-X 28 3 31 05/11/04
Mixed 200 70 9 279 08/17/04
RSF-X 21 3 24 09/28/04
RMF-10 3 1 4 06/21/05
RMF-16 27 9 4 40 01/17/06
r"
672 21 129 1 25 847
" Zoning Designations
RS = Residential Suburban; RSF-X = Residential Single Family, .5 acre minimum; Mixed =
Residential and Commercial Use; RMF-16= Residential Multi-family, 16 units per acre; CR =
Commercial Retail
This housing program contributes to the implementation of Housing Element Goals 1, 2,
6 and 8.
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Historical Preservation: Historical preservation was a noted concern of the
Atascadero community during the general plan update process. To address this
concern, the City Council adopted a historical preservation goal in the housing element.
In conjunction with infill development in some of Atascadero's older neighborhoods, the
City Council applied an historical overlay district on five (5) of the remaining Colony
houses through 2005. In 2006, the historical colony house on Ridgeway Court was
added to this inventory.
Program Accomplishments (Ongoing Program): The recently updated General Plan
Housing Element includes a goal to protect and conserve the existing housing stock and
neighborhoods. Conservation and preservation of neighborhoods and sound housing,
including places and buildings of historical and architectural significance is a major
policy of this goal. The City of Atascadero was subdivided by E.G. Lewis in the early
1900's and marketed as a "utopian farming community." Several of the original lots
were sold and developed with "colony" homes which still exist today. Preservation of
these homes, where feasible, is important for maintaining a connection to the original
principles upon which Atascadero was built.
This housing program contributes to the implementation of Housing Element Goal 4.
Energy Conservation: This program strives to inform residents of available energy
saving techniques and alternative and/or innovative energy designs.
Program Accomplishments (Ongoing Program): The City uses public information
brochures and other materials to inform residents of energy saving techniques and
allows for the construction of solar and wind generated facilities.
In 2006, the Building Department completed seven (7) permits for construction of solar-
powered energy systems for homes and businesses and three (3) solar permits for
swimming pools.
Green Build/Recycle Program: The Building Department has started disseminating
information about the recycling of construction "waste." This program came on-line in
2006, and consists of public education and reference materials in support of a
"construction waste handler."
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�r
SECTION 3
PROGRESS TOWARDS
REGIONAL HOUSING NEEDS ALLOCATION,
REDUCTION OF GOVERNMENTAL CONSTRAINTS
AND
OTHER ACCOMPLISHMENTS
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Progress Towards the Regional Housing Needs Plan Allocation:
The City of Atascadero recently adopted an updated housing element in June 2002.
The updated element was completed prior to the final calculations on the Regional
Housing Needs Plans (RHNP) by the San Luis Obispo Council of Governments
(SLOCOG). The final RHNP (adopted in January 2003) is shown in Table 6, below, as
the "Target" for the various income levels. The "Actual" column shows the number of
residential building permits completed for the various income groups. The table
includes the timeframe for meeting the RHNP, in order to show the City's overall
progress. The "Actual" column is based on completed building permits.
TABLE 6 — City of Atascadero's Share of the RHNP
(Based on "finaled" Building Permits for 1/1/06-12/31/06)
SINGLE FAMILY UNITS BY INCOME CATEGORY
YEAR VERY LOW LOW** MODERATE**` ABOVE TOTALS
MODERATE
Tar et Actual . Target Actual Target Actual Target Actual Target 1,Actual
2001 146 0 34 5 41 0 61 94 182 99
2002 45 0 34 4 41 91 61 177 181 272
2003 46 0 33 6 40 3 60 132 179 141
2004 45 0 33 1 40 2 60 131 178 134
2005 46 0 33 26 40 34 61 61 180 121
2006 46 0 34 27 40 78 60 125 180 230
2007 46 0 34 0 40 0 61 0 181 0
2008 (6 Mnths) 25 0 19 0 22 0 33 0 98 0
TOTAL 345 1 0 1254 69 304 208 456 720 1,359 997
"The Low category includes all apartments, second residential units and guest houses.
**The moderate category includes all non-deed restricted multi-family units and manufactured homes.
The year 2004, was approximately half way through the RHNP time period. As of
December 31 , 2004, Atascadero has met approximately 46% of its housing allocation
and has met or exceeded the requirement for above moderate or market rate housing.
Currently, the City has met approximately 68% of the requirement for moderate housing
and 27% for low housing. Several projects which received entitlement in 2004, include
provisions for approximately 58 very low units. In late 2006, an approved project which
would have provided 32 very low units was withdrawn. The City now expects that only
approximately 26 very low units might be built by the end of the RHNP time period.
Overall, the City has met approximately 73% of the total RHNP as of December 31 ,
2006.
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Reduction of Governmental Constraints: Over the past few years, the City of
Atascadero has implemented several new programs and policies to reduce
governmental constraints on housing production. While these programs and policies
are difficult to quantify, the feedback from developers and others in the housing
production community is generally favorable. The new programs and policies include:
■ Improved tracking process for permits under review with public access over the
internet
■ Weekly inter-departmental plan check review meeting
■ Completion of a four (4) prong permit streamlining program
■ One-stop permit center
■ On-line permit center with public information
■ Target dates for plan check reviews
■ Intake meetings to ensure that complete applications are submitted
■ Housing Committee to research and make recommendations to the City Council
on potential housing programs
■ Second Unit Ordinance
■ Second Unit Amnesty program
These programs contribute specifically to the implementation of Housing Element Goal
9 and generally to Goals 3, 4, 6, and 10.
Other Achievements: In conjunction with residential development, 152 entitlement
permits were submitted for processing in 2006, and four (4) housing projects were
approved. The approved entitlement permits resulted in approval for construction of
approximately 51 new dwelling units for the City. This is down from the 144 units that
received entitlement in 2005.
The Building Department also continued to see activity on permits issued as a result of
the San Simeon Earthquake. Approximately fourteen permits were completed 2007.
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SECTION 4
SUMMARY AND
RECOMMENDED HOUSING PRIORITIES FOR 2005
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175
SUMMARY: The City has enacted several programs and approved entitlement permits
for several projects that contribute to the implementation of all of the Housing Element
goals.
As seen in Figure 1 below, over the past five years Atascadero has seen a significant
increase in development activity involving both large and small projects. Building
permits issued increased 43% from 2000 to 2004 and held steady for 2005. This
activity has provided opportunities for implementation of housing programs designed to
meet the requirements of the Housing Element goals. In addition, this activity has given
the City a greater diversity in its housing projects, from apartments to new subdivisions.
Figure 1 — Issued Building Permits 2000-2006
Building Permits Issued 2000-2005
1200
ar
1000
800
m
N
y k
v, 600
n
400 -
200
00 200
tf
0
2001 2002 2003 2004 2005 2006
Year
The year 2004, was approximately halfway through the time period for meeting the
requirements of the Regional Needs Housing Allocation and for implementation of the
current Housing Element, which is required to be updated in 2009. To date, the City
has met 73% of its Regional Housing Allocation (RHA) and if all the projects which
currently have entitlement are built, the City can expect to meet and exceed 100% of
the overall RHA.
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Table 9 — Quantified Objectives Accomplished, shows how the City is meeting the goals
of the Housing Element by income level. The Quantified Objectives were officially
adopted in June of 2002. Consequently, many of the target numbers for 2001 and 2002
were not met. In 2003, substantial progress was made in reaching the target numbers,
which carried forward throughout 2005 and 2006. Programs 2.2 (1), 4.1 (3), 4.2 (3), and
4.4 (1) are the only programs where progress appears to be very slow. Staff is
recommending that the City Council establish these programs as a priority for 2007.
The following table, Table 9 — Percentage of Quantified Objectives Met shows how the
City is doing overall in meeting the quantified objectives. Additional detail can be found
in Table 1 A which shows the actual breakout of each of the programs' categories.
TABLE 7 — Percentage of Quantified Objectives Accomplished
Program Description Target Actual, Percent
2001=2006 2001=2006 Accomplished
1.1 2 Downtown Mixed Use 36 5 14%
1.1 3 Small Lot Single-Family 40 8 20%
1.1 4 PD in SFR-X Zone PD-17 48 118 245%
1.1 .(5) Specific Plan for Large 20 279 1,395%
Projects
1.1 7 Mobile and Group Homes 12 32 266%
1.1 (8) Support Apartment 96 105 109%
Construction
2:1 1 Densitv Bonus 20 139 695%
2.1 2r PD-7 for Small-Lot Subdivision 68 37 54%
2:2 1 Mort a e Credit Cert. Program 8 0 0%
-2.2 (2) Inclusionary Ordinance 1 12 200 1,666%
3.1 3 Second Units in SFR-Y 12 9 75%
3.1 4 Mixed Use Projects 28 1 323 1,154%
3.2 1 Public/Private Partnerships 12 25 208%
6.4--(2) Large Famil Units 12 4 33%
3.1 -(2) Non-profit Involvement 8 19 236%
4.1 3; Federal Grant Program 56 0 0%
-4.2,(3) RDA Funds 6 0 0%
4.4 (1) No Net Loss of Affordable 0 0 0%
Units
Based on the objectives that have been met and those that are still outstanding, a "road
map" can be designed to help focus the attention of the City Council over the next five
years, to fully implement the Housing Element.
Recommended Housing Priorities for 2007: Again, referring to Table 1A on the
following page, it is apparent that several identified programs in the Housing Element
still need to be implemented. These programs include the Downtown Mixed Use, the
Mortgage Credit Certification Program, No Net Loss of Affordable Units, and the Federal
Grant and Redevelopment Funding programs.
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Community Development Staff is recommending the City Council establish the following
housing program priorities for the year 2007:
1. Five-year update of the General Plan Housing Element.
2. Certification of the 2002 Housing Element Update of the General Plan.
3. Establishment of the Mortgage Credit Certification Program.
4. Approval of an Inclusionary Housing Ordinance.
5. Approval of a Condominium/Mobile Home Conversion Ordinance,
6. Research of housing entities that will purchase units which are near the
expiration date of their affordable deed restriction.
7. Identification and evaluation of housing programs, within the Redevelopment
Plan Area, that could be funded with Redevelopment Agency monies.
8. Update the Density Bonus Ordinance to reflect State law changes effective
January 1 , 2005.
\\Cityhall\cdvlpmnt\- Housing Element\Annual Housing Report\Annual Report 2006\PC Staff Report Annual Report 2006.doc
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