HomeMy WebLinkAboutAgenda Packet 09/25/2007CITY OF ATASCADERO
CITY COUNCIL
AGENDA
Tuesday, September 25, 2007
Redevelopment Agency: 6:30 P.M.
City Council: 7:00 P.M.
City Hall Council Chambers
6907 EI Camino Real, Atascadero, California
REDEVELOPMENT AGENCY: 6:30 P.M.
REGULAR SESSION: 7:00 P.M.
PLEDGE OF ALLEGIANCE: Council Member Beraud
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.)
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1. City Council Meeting Minutes — August 28, 2007
■ City Clerk Recommendation: Council approve the City Council Meeting
Minutes of August 28, 2007. [City Clerk]
2. Supplemental Law Enforcement Services Fund
■ Description: Proposed designation of funds would be used in equipment
improvements and other frontline Police services and supplies.
■ Fiscal Impact: $100,000. All costs are paid for by SLESF grant funds and
do not affect the general fund.
■ Recommendation: Council designate 2007/2008 Supplemental Law
Enforcement Services Fund (SLESF) monies for use in equipment
purchases and other frontline Police services and supplies. [Police]
3. Title 9 Planning and Zoning Text Amendment PLN -2099-1002 for ZCH
2004-0091, 5190 Portola Road (Nolan)
■ Description: Proposed project would allow a 2 -lot residential planned
development.
■ Fiscal Impact: None.
■ Recommendation: Council adopt on second reading by title only, Draft
Ordinance A, adopting Zone Change 2004-0091 establishing a Zone Map
Change at 5190 Portola Road, based on findings. [Community
Development]
B. MANAGEMENT REPORTS:
1. Emergencv Access Routes
■ Fiscal Impact: None
■ Recommendation: Council approve rating criteria and direct staff to
develop a priority system for improvements and a funding plan. [Public
Works]
2. Vieio Camino General Plan Amendment Pre -application Review
Authorization for Staff to Process PLN 2007-1231 (Halcon Properties,
LLC
■ Disclosure of Ex -Parte Communications
■ Description: Request for site to be re -designated to MDR (Medium Density
Residential) which would allow 10 units per acre.
■ Fiscal Impact: According to the 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 service costs of new development.
Based on the revenue projections from the Taussig Study, the City has
developed standard Conditions of Approval for new residential planned
development projects that require the cost of maintenance and emergency
services to be funded by the project through a combination of road
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assessment districts, landscape and lighting districts and community
facilities districts.
If the project is approved for processing, it should be required to be fiscally
neutral so the added residential units fund their own on-site improvements
and maintenance, as well as their fair share of off-site improvements and
impacts to City emergency services.
Recommendations:
1. City Council authorize staff to process the proposed General Plan
Amendment application with neighborhood meeting and study session
by adopting Draft Resolution A;
or
2. City Council direct staff to further analyze the proposed project and
report back to the Council before processing;
or
3. City Council direct staff to not process the project by adopting Draft
Resolution B. [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.)
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.)
C. 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
'*400, Mayor Pro Tem Brennler
1. Air Pollution Control District (APCD)
2. Economic Opportunity Commission (EOC)
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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
D. INDIVIDUAL DETERMINATION AND/OR ACTION:
1.
City Council
2.
City Clerk
3.
City Treasurer
4.
City Attorney
5.
City Manager
E. ADJOURNMENT:
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 25, 2007 Regular Session of the Atascadero City
Council was posted on September 19, 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 19th day of September, 2007 at Atascadero, California.
Victoria Randall, Deputy City Clerk
City of Atascadero
El
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).
5
19
ITEM NUMBER: A-1
DATE: 09/25/07
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CLOSED SESSION:
DRAFT MINUTES
Tuesday, August 28, 2007
5:00 P.M.
1. PUBLIC COMMENT — CLOSED SESSION: None
2. CALL TO ORDER
ROLL CALL
Present: Council Members Beraud, Clay, O'Malley and Mayor Pro Tem
Brennler
Absent: Mayor Luna
a. Personnel: Review of Proposals for Services (Govt.Code Sec. 54957)
Title: City Attorney
b. Conference with Real Property Negotiators (Govt. Code Sec. 54956.8)
Property: Easement from Capistrano Avenue to Stadium Park along
APN# 029-105-028
Agency Negotiator: Patrick Enright, City Attorney
Negotiating Parties: Dr. Gary Renzaglia and Ms. Sandy Hughes
Under Negotiation: Instruction to negotiator will concern price and terms
of payment
3. ADJOURN: 6:00 P.M.
CLOSED SESSION REPORT
Mayor Pro Tem Brennler announced that for Item #2.a. the City Council gave direction
to Dr. Mathis to extend the recruitment period for City Attorney for 30 days and gave
direction to the City Manager to hire an interim City Attorney. For Item #2.b. the City
Council gave the City Manager direction.
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Page 1 of 15 6
REGULAR SESSION: 7:00 P.M.
Mayor Luna called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Beraud, Clay, O'Malley, Brennler, and Mayor
Luna
Absent: None
Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson,
Deputy City Clerk Grace Pucci
Staff Present: City Manager Wade McKinney, Public Works Director Steve Kahn,
Community Development Director Warren Frace, Community
Services Director Brady Cherry, Fire Chief Kurt Stone, Police Lt.
Jim Mulhall, Deputy Community Development Director Steve
McHarris, Redevelopment Specialist Marty Tracey, Associate
Planner Kerry Margason, and City Attorney Patrick Enright.
APPROVAL OF AGENDA:
Council Member O'Malley suggested moving Item #C-4 to a position after Item #C-1.
MOTION: By Council Member O'Malley and seconded by Council
Member Beraud to approve the agenda as amended.
Motion passed 5.0 by a roll -call vote.
PRESENTATIONS:
1. Distinguished Service Medal to Officer Thomas Gandy
Lt. Jim Mulhall presented Detective Thomas Gandy with the Distinguished Service
Medal and explained the circumstances which led to this presentation. Detective Gandy
recognized the members of his team and his partner Sgt. Albert Beatie of the Arroyo
Grande Police Department.
2. Life Saving Award to Officer John Taylor
Lt. Carol Robinson presented the Life Saving Award to Officer John Taylor and
explained the situation that led to this award. Officer Taylor recognized the dispatchers
on duty that day Ann Hockstetler and Kelly Arebalo.
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3. Service Awards
Mayor Pro Tem Brennler presented City Manager Wade McKinney his 10 year pin.
City Manager Wade McKinney made the following presentations:
■ Waste Water Treatment Plant Operator Barry Harding, 15 year pin.
• City Clerk / Assistant to City Manager Marcia McClure Torgerson, 10 year pin.
■ Meredith Hendrickson, City Manager's Office / Human Resources, 5 Year Pin.
COMMUNITY FORUM:
Michael Casey, representing the Ministerial Association, led those present in prayer.
Mark Phillips urged the Council to address the issue of Campaign Finance reform.
David Broadwater distributed a letter regarding the length of City Council Meetings and
his proposal to address the issue (Exhibit A), and urged that the Community Forum and
Public Comment periods not be cut down.
Eric Greening urged Council to move forward with campaign finance reform and to
observe the Brown Act regarding protracted debates between Council Members on
items not on the agenda. Mr. Greening announced that the second public session on
the site selection for the Transit Center will be held on September 18th at 5:30 p.m.
Tino Santos spoke about the importance of allowing Public Comment periods to remain.
Mr. Santos reviewed several businesses in Atascadero that have recently closed and
hoped everyone could work together to created a better community.
Kelly Gearhart reported on the progress underway on the Printery and Eagle Creek
projects. Mr. Gearhart suggested that a specific parcel he owns along Traffic Way that
was dedicated as a public park but not yet accepted by the city, have the Park Zone
designation removed and that the subsequent sale price be donated to the Veteran's
Memorial.
Ernie Porter spoke about Atascadero Lake and the concrete work on the beach behind
the bandstand, and asked that it be removed to beautify the lake.
Joanne Main stated that the Chamber of Commerce believes the City Council should
adhere to what has been set out as the Community Forum rules in the agenda. This
would enable the Council to do the business of the city, and then return to public
comment after the agenda items have been addressed.
John Lauffer, President of the EI Camino Homeless Organization, thanked the City
Council for their continued support of the homeless and for the current grant awarded to
the shelter.
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Susie Anderson expressed concern that the Planning Commission is circumventing the
City Council's decision on the creek setbacks and sited a specific segment of the
Commission's last meeting that would bring in the control of the Regional Water Quality
Control Board (RWQCB).
Jolene Horn spoke about creek setback issues and her concern that the Planning
Commission is circumventing the Council's decision to defer addressing this item. She
is in favor of local control and against bringing in an outside agency such as the
RWQCB.
Beverly Aho commented that she was impressed with the Council, city staff, Fire and
Police Departments during the open house that was held recently at City Hall, and
thanked everyone involved for their hard work.
Colonel Bill Hatch, Chairman Veterans Memorial Committee, asked the City Council
and staff to support Kelly Gearhart's proposal to rezone his one acre lot at Traffic Way
and Chico from Public Park to Residential, and to use the proceeds to support the
Veterans Memorial. Col. Hatch invited Council, staff and the community to the Veterans
Memorial barbecue on Saturday, September 1 St
Joseph O'Brian spoke about the Eagle Creek project and his need for access to his
property. He also commented on the need for a stop sign at Curbaril Avenue and
Highway 101.
Ann Hatch commended the community and spoke about the need to work together, and
did not believe that creek setbacks or Walmart should be the identifying criteria for
Atascadero. She also expressed concern that an agency such as the RWQCB would
be allowed to come in to Atascadero and create problems for the homeowners.
Fred Monroe spoke about code enforcement in the city and his concern that the Fire
Marshall is being used to deal with code enforcement issues not related to fire, life and
safety.
Jim Shannon thanked the city for the job they did on Traffic Way, spoke about the
Planning Commission and his concerns that there are back door dealings going on, the
need for a stop sign at Curbaril and Coromar, and suggested that the General Fund
money Council allocated to ALPS to purchase property be repaid from the tree
mitigation fund.
Sharon Bleckel spoke about creek setbacks and the responsibility of every homeowner
along the creek to keep it clean. Regarding the recent trip to Santa Cruz by two of the
Council Members, she stated she had lived there and that it is not a good example to
use for how to improve this community.
Sorrel Marks stated she has been with the Regional Water Quality Control Board for
more than 20 years and offered to speak to those who have questions.
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Mike Jackson spoke about the Planning Commission and their decisions and urged a
change there. He stated the people voiced their outrage over the creek setback and
now the Commission is circumventing that.
Tom Comar, Oppose Wal Mart, spoke about how his group would like to work with
others in the community, and that until the recall is dropped there will be division in this
town. He stated that Council Members Brennler and Beraud were democratically
elected and are doing the best they can.
Mayor Luna closed the Community Forum period.
Mayor Luna asked staff to address issues raised during the Community Forum period.
Mayor Luna suggested that at the next City Council Meeting the Community Forum
period, Council Announcements and Reports, and Individual Determination occur after
Management Reports. This would be done on a temporary basis and would give those
who have business before the City Council the opportunity to have their items heard in a
timely way.
City Attorney Patrick Enright stated the Council could reorganize the agenda as they
see fit.
There was Council discussion of the Mayor's suggestion. Council Member O'Malley
suggested agendizing the issue for the next Council meeting to allow for public
comment on the item. Council Member Clay did not support the idea of moving
Community Forum, stating that the order is fine as it is.
There was Council consensus to try this reorganized agenda at their next
meeting.
Council Members addressed issues raise during the Community Forum period.
There was Council consensus to have staff bring back a report on Kelly
Gearhart's suggestion regarding the property on Traffic Way and Chico, prior to
agendizing the item.
Council Member Beraud referred to the issue of campaign finance reform, and
announced that on Sept 25th there will be a "Campaign Conduct Presentation".
COUNCIL ANNOUNCEMENTS AND REPORTS:
Mayor Pro Tem Brennler asked the public to keep Atascadero Fire Fighter Gene Hicks,
who was involved in a serious accident, and his family in their thoughts and prayers.
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Council Member O'Malley spoke about an information binder presented to him last year
by the Fire Department, and stated it is updated and on file at city hall.
A. CONSENT CALENDAR:
1. City Council Meeting Minutes — June 26, 2007
■ City Clerk Recommendation: Council approve the City Council Meeting
Minutes of June 26, 2007. [City Clerk]
2. City Council Special Meeting Minutes — June 28, 2007
■ City Clerk Recommendation: Council approve the City Council Special
Meeting Minutes of June 28, 2007. [City Clerk]
3. City Council Meeting Minutes — July 24, 2007
■ City Clerk Recommendation: Council approve the City Council Meeting
Minutes of July 24, 2007. [City Clerk]
4. May 2007 Investment Report
■ Fiscal Impact: None.
■ Recommendation: Council approve the City Treasurer's report for May,
2007. [Treasurer]
5. June 2007 Accounts Payable and Payroll Disbursements Report
■ Fiscal Impact: $2,445,592.89
■ Recommendation: Council approve certified City accounts payable,
payroll and payroll vendor checks for June 2007. [Administrative
Services]
6. DeAnza Estates, Tract 2498, Acceptance of Public Improvements, Award
Landscape Maintenance Contract, Accept Grant of Easement
■ Description: Request to accept public improvements and to authorize
contracts for landscape maintenance which will be funded by Assessment
Districts.
■ Fiscal Impact: None.
■ Recommendations: Council:
1. Adopt Draft Resolution, accepting the public improvements of Tract
2498 as complete, accepting the offers of dedication on Final Map
2498, not accepting the public improvements for maintenance and
certifying completion of the required public improvements and
releasing the bonds for Tract 2498; and,
2. Authorize the City Manager to execute and agreement with Martinelli
Landscape Const. Inc. for the maintenance and upkeep of landscaping
in the De Anza Estates Landscape and Lighting District; and,
3. Authorize the City Manager to execute a Grant of Easement from
Atascadero Mutual Water Company. [Public Works]
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7. Transit Services Contract Award
Fiscal Impact: $758,576.00 for three-year contract.
■ Recommendation: Council authorize the City Manager to execute a
contract with Laidlaw Transit Services, Inc. in the amount of $758,576.00
to provide transit services. [Public Works]
8. Parks &Recreation Commission Youth Representative Appointments
■ Fiscal Impact: None
■ Recommendation: Council re -appoint Ryan Carden and Paige Buck -
Moyer to the Parks & Recreation Commission's Youth Representative
positions for another one-year term. [City Clerk]
9. League of California Cities Grass Roots Network
■ Description: This program was designed to further local government
priorities in the various legislative districts.
■ Fiscal Impact: The Grassroots Network is covered by the City's League
annual payment.
■ Recommendation: City Council endorse continuing the League's
Grassroots Network Program and direct the Mayor to vote in favor of the
League Resolution continuing the program. [City Manager]
10. City Inspection Services
■ Fiscal Impact: None
"` ■ Recommendation: Council authorize the addition of Mid -Coast
Geotechnical, Inc. to the established list of qualified inspection firms.
[Public Works]
Items pulled: Mayor Pro Tem Brennler Item #A-6, Eric Greening Item #A-7.
MOTION: By Council Member Clay and seconded by Council Member
O'Malley to approve Items #A-1, 2, 3, 4, 5, 8, 9 and 10.
Motion passed 5:0 by a roll -call vote.
Item # A-6
Mayor Pro Tem Brennler asked the Public Works Director to explain what occurred
regarding the De Anza Estates development and the roadway that was built without the
consent of the owner.
Public Works Director Steve Kahn explained what had occurred and answered
questions of Council
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PUBLIC COMMENT
Kelly Gearhart, developer of the De Anza Estates, expressed concern that this has
become a personal issue and could be considered harassment. Mr. Gearhart stated
that city staff did nothing wrong with the De Anza Estates project; this was an intense
issue that took a while to complete.
Mayor Pro Tem Brennler stated this issue did not have to do so much with Mr. Gearhart,
but rather with the city not being timely in addressing this matter. He stated he wants
everyone including the city to play by the rules.
Mayor Luna closed the Public Comment period.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to approve Item #A-6.
Motion passed 5:0 by a roll -call vote. (Item #A-6.1 Resolution
No. 2007-074, #A-6.2 Contract No. 2007-023, #A-6.3 Contract
No. 2007-025)
Item #A-7
Eric Greening stated he supports approval of this item but hoped the Council would
recognize this is a work in progress and not a finished work. He urged continuing to
give drivers better compensation and to fund roads with applicable fees.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to approve Item #A-7.
Motion passed 5:0 by a roll -call vote. (Contract No. 2007-025)
Mayor Luna recessed the hearing at 8:49 p.m.
Mayor Luna called the meeting back to order at 9:03 p.m.
B. PUBLIC HEARINGS:
1. Traffic Wav Planned Development: Custom Planned Development 30,
PLN 2007-1201, 5440 Traffic Way (Habitat for Humanity)
■ Disclosure of Ex -Parte Communications
■ Description: Proposed project consists of a 4 -unit attached residential
Planned Development.
■ Fiscal Impact: 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
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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 16 and 17 of CUP 2007-0209). This project will be required to
annex into the Community Facilities District, however, the project taxes
will be set to zero until such time as the project ceases to be an affordable
project.
■ Recommendations: The Planning Commission recommends on a 6-1
vote that the City Council:
1. Adopt Draft Resolution A certifying Proposed Mitigated Negative
Declaration 2007-0007; and,
2. Adopt Draft Ordinance A introducing an ordinance for first reading by
title only, approving Zone Text Change 2007-0136 establishing a
Planned Development Overlay Zone 30 code text; and
3. Adopt Draft Ordinance B introducing an ordinance for first reading by
title only, to establish Zone Map Change 2007-0137 based on findings;
and,
4. Adopt Draft Resolution B approving Conditional Use Permit 2007-0209
(Master Plan of Development) based on findings and subject to
Conditions of Approval and Mitigation Monitoring; and,
5. Adopt Draft Resolution C approving Vesting Tentative Parcel Map
2007-0088 (AT 07-0074) based on findings and subject to Conditions
of Approval and Mitigation Monitoring.
Staff has incorporated the Planning Commission's recommendations
into the draft resolutions. These recommendations include deletion of
CUP Condition 7, and modification of the landscape plan to reduce the
number of oak trees to be planted, payment of mitigation fees and
placement of a bench around the existing 60 inch oak tree.
[Community Development]
Council Member O'Malley stepped down from consideration of this item stating that he
owns property within 500 feet of the project.
Ex Parte Communications
■ Mayor Luna stated he had email correspondence with Penny Rappa, but their
scheduled meeting was postponed. He also received an email from a supporter of
the project.
■ Council Member Clay stated he spoke with Penny Rappa on the phone and asked
questions which she answered.
■ Mayor Pro Tem Brennler stated he had a telephone conversation with Penny
Rappa, received four emails from supporters, and visited the site.
■ Council Member Beraud stated she received three or four emails of support for the
*40011 project and that Penny Rappa called her, but they did not meet.
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Deputy Community Development Director Steve McHarris gave the staff report and
answered questions of Council.
PUBLIC COMMENT
John Rogers, President of the San Luis Obispo affiliate of Habitat for Humanity, thanked
Council for their consideration of this item and explained their mission of making simple,
decent, and affordable houses available.
Penny Rappa, Executive Director, spoke about the project and the application process
and answered questions of Council.
Angela Ramsey asked who would be governing this development.
Livia Kellerman stated she has volunteered for Habitat for Humanity and is proud of the
Council for supporting this.
Supervisor Jim Patterson spoke in favor of the project and about the tree removals and
mitigation, which he assisted with. He commented that this is a partnership and he
thanked the city for their contribution to make this happen.
Lee Perkins stated she agreed with the Habitat for Humanity mission.
Mayor Luna closed the Public Comment period.
MOTION: By Council Member Beraud and seconded by Mayor Pro Tem
Brennler to accept the Planning Commission's
recommendations and adopt Draft Resolution A certifying
Proposed Mitigated Negative Declaration 2007-0007; and,
adopt Draft Ordinance A introducing an ordinance for first
reading by title only, approving Zone Text Change 2007-0136
establishing a Planned Development Overlay Zone 30 code
text; and adopt Draft Ordinance B introducing an ordinance for
first reading by title only, to establish Zone Map Change 2007-
0137 based on findings; and, adopt Draft Resolution B
approving Conditional Use Permit 2007-0209 (Master Plan of
Development) based on findings and subject to Conditions of
Approval and Mitigation Monitoring; and, adopt Draft
Resolution C approving Vesting Tentative Parcel Map 2007-
0088 (AT 07-0074) based on findings and subject to Conditions
of Approval and Mitigation Monitoring.
Motion passed 4:0 by a roll -call vote. (O'Malley abstained)
(Item #B-1.1 Resolution No. 2007-075, #B-1.4 Resolution No.
2007-086, #B-1.5 Resolution No. 2007-077)
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Council Member O'Malley rejoined the meeting.
2. Community Development Block Grant Funding Reallocation
Fiscal Impact: Would provide an additional $229,120.00 for the Sidewalk
Barrier Removal project.
■ Recommendation: Council forward to the County Board of Supervisors
the following funding reallocations [Public Works]:
FROM
TO
AMOUNT
Code Enforcement
Sidewalk Barrier Removal
$ 100,000.00
Administration
Sidewalk Barrier Removal
106,136.00
EVC Revolving Loan Program
Sidewalk Barrier Removal
22,984.28
Public Works Director Steve Kahn gave the staff report and answered questions of
Council.
PUBLIC COMMENT
Tony Navarro, County Department of Planning and Building, encouraged Council to
move forward on this reallocation.
Mayor Luna closed the Public Comment period.
MOTION: By Council Member Beraud and seconded by Mayor Luna to
forward the funding reallocations to the County Board of
Supervisors.
Motion passed 5:0 by a roll -call vote.
C. MANAGEMENT REPORTS:
1. Economic Development Strategy and Process
■ Fiscal Impact: None.
■ Recommendation: Council review comments from the Just Listening
Open House and Forums and approve the Request for Qualifications for
an economic development consultant to assist in revising the City's
economic development strategy. [City Manager]
Community Development Director Warren Frace gave the staff report and answered
questions of Council.
PUBLIC COMMENT
Keith Mathias, Sr. Vice President Rottman Group, thanked Council for the Just Listening
Open House, and spoke about their strategy for the city of Atascadero and their vision
for the Annex.
CC Draft Minutes 08/28/07
Page 11 of 15 16
Ellen Berkowitz, representing Wal Mart, thanked the city for the Just Listening Open
House and spoke about the surreys they collected during the event. She submitted a
report on this survey for the record (Exhibit B), spoke about the EIR, and stated her
disagreement with hiring a consultant.
Bruce Bevans expressed his concern that Atascadero will be left out of development in
this area. He stated the city needs a broad vision and must look at all possibilities open
to Atascadero.
Shannon Matushevitz asked Council to consider that the poll questions might have
been crafted to solicit answers that would fit a specific outcome.
Kay Mathew stated her belief that the city has options other than a super center. She
suggested the city first take care of what they have then look at other options.
Nora Trentacosta gave a PowerPoint presentation on the subject of Atascadero's need
for appropriate development.
Colonel William Hatch stated that a visioning process is not needed; rather the city
needs a decision process to get on with their economic development. He spoke in favor
of Wal Mart and the benefits it provides to senior citizens, young families, and the poor,
and of their contributions to the military.
Eileen O'Grady urged the Council to be inclusive when considering the future of this
town and listen to the voices of those who could not be here because they can't afford a
baby sitter or have to work nights.
Linda Benabides stated she was in an accident a few years ago while working for Wal
Mart and they came through for her, keeping her job open and letting her work as she
could.
Leon Korba stated the request for an economic consultant is apolitical, and that staff
knows there is a problem with Wal Mart and so this is their answer.
Michael Elkins urged the Council to not waste taxpayer money on hiring the consultant
and not delay the process any further, but allow Wal mart to submit their application so
the community can go forward.
Mayor Luna recessed the hearing at 10:27 p.m.
Mayor Luna called the meeting back to order at 10:38 p.m.
Brandon Istenes stated that extreme policies do not work, what does work is a balance
in socioeconomic and government policy. He stated he prefers a mall situation that
could host smaller businesses.
CC Draft Minutes 08/28/07
17 Page 12 of 15
Gladys (no last name given) stated she is a Wal Mart employee and spoke of the many
donations the company makes in the community and in favor of having a Wal Mart in
Atascadero.
Thomas Magee owns a business a few blocks from the proposed Wal Mart and believes
the city must have funds to do what is best for Atascadero. He stated that business
breeds more business which brings in more revenue.
Tino Santos spoke against delaying the project by hiring a consultant and stated the city
must allow business to come into this town for the income they will bring to the city.
Dempsey Goins stated he lives near the Annex and would like to see a grocery store at
that end of town. He did not agree that a consultant is needed as it will cost the city
more money when everyone already knows the issues.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to go past 11:00 p.m.
Motion passed 5:0 by a roll -call vote.
Joanne Main, Atascadero Chamber of Commerce, commended the city for the open
house and subsequent forums. With the use of a PowerPoint presentation she
reviewed the results of the survey the Chamber helped commission.
Chuck Cooper stated this project is near his home and he is not concerned about the
traffic and noise as he feels Wal Mart will be a good neighbor. He was concerned about
the cost of a consultant, and suggested putting this issue on the ballot.
Fred Frank stated he is concerned for his family's future and wants to see this stay a
good place to live. He commented that he wants to see the downtown revitalized and
was concerned that Wal Mart would hurt that.
Tom Comar, spokesperson for Oppose Wal Mart, stated the survey was statistically
insignificant because of the number of people interviewed. He indicated that Oppose
Wal Mart supports continuing the Just Listening process, and commented that an
economic consultant can look at the whole area of Atascadero, hear what everyone has
to say, and help the Council make their decision.
Livia Kellerman stated she appreciates the Council's efforts for the workshops, and
would like to have a consultant to look at the vision for all of Atascadero as well as how
many jobs would be lost if Wal Mart comes in.
Lee Perkins, Coordinator for Oppose Wal Mart, continued the presentation begun by
Nora Trentacosta outlining the negative aspects of Wal Mart and its potential future
impacts to Atascadero. She expressed support for going through the complete process
including use of a consultant.
CC Draft Minutes 08/28/07
Page 13 of 15 18
Beverly Aho asked how much money the consultant would cost the city, and asked
whether Rottman funding the study wouldn't allow that money to be used elsewhere in
the city.
Monica Carr spoke of the importance of having a strong tax base, but that it would be a
shame to put all the city's efforts into just one idea. She suggested a mall with
department stores, small shops and a food court, and was in favor of a consultant but
concerned with how it would be funded.
Steve Tillman thanked Council for bringing the people of the town back into the process,
spoke in favor of the Just Listening meeting and of formulating a vision for Atascadero,
and suggested looking at what other communities have done.
Jim Shannon congratulated the city on the Just Listening meeting and stated
Atascadero has a city staff and the entire community to depend on and doesn't need
outsiders. He stated the only fair thing to do is a city wide election.
Robert Winslow Wal Mart civil engineer requested that the City Council authorize staff
to process their application and spoke about their proposal and the changes that have
been made since the first proposal. Mr. Winslow expressed concern with the idea of
visioning for a private property.
Steve La Salle commented that a consultant might be able to bring all divergent voices
into a cohesive strategy.
Gary Kirkland said the purpose of government is to protect our liberties, not provide
economic development.
Mayor Luna closed the Public Comment period.
Mayor Luna recessed the hearing at 11:42 p.m.
Mayor Luna called the meeting back to order at 11:51 p.m.
City Manager Wade McKinney explained what the economic strategy hopes to
accomplish, and answered questions of Council.
MOTION: By Council Member O'Malley to approve the Request for
Qualification for an economic development consultant to assist in
the phased update of the City's Economic Development Strategy.
Motion failed for lack of a second.
There was further Council discussion.
CC Draft Minutes 08/28/07
19 Page 14 of 15
MOTION: By Council Member O'Malley and seconded by Mayor Luna to
approve the Request for Qualification for an economic
development consultant to assist in the phased update of the
City's Economic Development Strategy, looking at all phases
not just phase one.
Motion passed 5:0 by a roll -call vote.
4. Response to San Luis Obispo County's Grand Jury 2007 Historic
Preservation Report
■ Fiscal Impact: The printing of color handouts is estimated to be around
$100.
■ Recommendation: Council receive and file the City's response to the San
Luis Obispo County Grand Jury's 2007 Historic Preservation report.
Community Development Director Warren Frace gave the staff report
PUBLIC COMMENT — None
MOTION: By Mayor Pro Tem Brennler and seconded by Council Member
Clay to receive and file the City's response to the San Luis
Obispo County Grand Jury's 2007 Historic Preservation
Report.
Motion passed 5:0 by a roll -call vote.
MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem
Brennler to adjourn the meeting.
Motion passed 5:0 by a roll -call vote.
F. ADJOURNMENT:
Mayor Luna adjourned the meeting at 12:33 a.m. to the next regularly scheduled
meeting of the City Council on September 11, 2007.
MINUTES PREPARED BY:
Grace Pucci, Recording Secretary
The following exhibits are available for review in the City Clerk's office:
Exhibit A — David Broadwater, letter
Exhibit B — Ellen Berkowitz, letter from Aaron J. Rios
CC Draft Minutes 08/28/07
Page 15 of 15 20
21
Atascadero City Council
Staff Report - Police Department
ITEM NUMBER: A-2
DATE: 09/25/07
Supplemental Law Enforcement Services Fund
(Proposed designation of funds would be used in equipment improvements and
other frontline Police services and supplies)
RECOMMENDATION:
Council designate 2007/2008 Supplemental Law Enforcement Services Fund (SLESF)
monies for use in equipment purchases and other frontline Police services and
supplies.
DISCUSSION:
The State of California has awarded the City of Atascadero $100,000 in SLESF funds
for 2007/2008. These funds are awarded equally for each city and intended to fund
frontline municipal police services. The Government Code requires cities to appropriate
and approve the use of the funds by City Council in the month of September.
Availability of these funds presents an opportunity to continue the Police Cadet program
an additional year. Cadets perform a variety of tasks designed to improve service
delivery and enhance organizational efficiency. Cadets work in a mentoring
environment that will help prepare them for a potential career in law enforcement with
the City of Atascadero.
Staff has identified the need to upgrade our existing investigative electronic devices that
include the in -car video system, portable radios, and preliminary alcohol screening
devices.
The Police Department has implemented Mobil Data Computers (MDC) in emergency
vehicles. This equipment has been benefiting the community by increasing the visibility
of officers in the field, reducing response times and reducing the demand on
Dispatchers. Additional MDC's are needed to equip all of the existing patrol units.
22
The Police Department deploys officers on bicycle patrol and staff has identified a need
to upgrade an existing bicycle and equipment and purchase additional patrol bicycles
and equipment.
Funds will also be allocated to purchase needed duty firearms, less lethal equipment,
supplies and training, and other frontline police services and supplies as necessary.
FISCAL IMPACT:
$100,000. All costs are paid for by SLESF grant funds and do not affect the general
fund.
ALTERNATIVE:
Decline the use of SLESF grant funds. Not recommended due to significant benefit
gained by use of the funds.
23
9
ITEM NUMBER: A-3
DATE: 09/25/07
A tascadero City Council
Staff Report - Community Development Department
Title 9 Planning and Zoning Text Amendment
PLN 2099-1002 for ZCH 2004-0091
5190 Portola Road
(Nolan)
(Proposed project would allow a 2 -lot residential planned development.)
RECOMMENDATION:
Council adopt on second reading by title only, Draft Ordinance A, adopting Zone
Change 2004-0091 establishing a Zone Map Change at 5190 Portola Road, based on
findings.
DISCUSSION:
On September 11, 2007, the City Council conducted a public hearing and introduced
the zone map change for first reading to establish a Planned Development 16 for a two
lot subdivision project. On a 3-1 vote, City Council approved the first reading.
ATTACHMENTS:
Attachment 1: Draft Ordinance A
24
ATTACHMENT 1: Draft Ordinance A
Approval of Proposed Zoning Map Change to establish a PD -16 Overlay Zone
DRAFT ORDINANCE A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, APPROVING ZONE CHANGE 2004-0091,
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-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 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,
25
✓ 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 Man 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 September 11, 2007, resolved to approve on second reading by title only,
an ordinance that would rezone the subject site consistent with the following:
Exhibit A: Location Map/Zone Map Amendment Diagram
W
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.
INTRODUCED at a regular meeting of the City Council held on , 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:
CITY OF ATASCADERO
9
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Robert Schultz, Interim City Attorney
27
Dr. George Luna, Mayor
Exhibit A: Location Map / Zone Map Amendment Diagram
No;,
Atascadero City Council
Staff Report - Public Works Department
RECOMMENDATION:
ITEM NUMBER: B-1
DATE: 09/25/07
Emergency Access Routes
Council approve rating criteria and direct staff to develop a priority system for
improvements and a funding plan.
DISCUSSION:
Background: Atascadero is a unique City in the way it was first subdivided. In most
cities, lots are created in subdivisions and the roads are constructed at the same time.
In Atascadero the entire Colony was subdivided into lots in 1914 and the roads were
built at different times. This left some road sections unbuilt.
The City Council has expressed concern regarding emergency access routes for
neighborhoods, specifically those areas where only single point access is available. The
concern is that access may be restricted if a fire or other disaster disrupts the existing
access route. The City Council directed staff to identify significant single access
neighborhoods and a priority system and potential funding opportunities to add a
second access.
Summary: The Fire and Police Chiefs and the Public Works Director worked together
to identify existing roads, that if completed in the existing right-of-way, would provide a
second emergency access route. Following is a list of these routes in alphabetical
order. The list includes including a description of the existing condition, areas of the City
that will benefit from the improvements, and the estimated improvements required.
• Agulia Ave (Venado Ave to Violeta)
Existing Condition: This one lane, dirt road resides within oak woodland with steep drop
offs.
Circulation Impact: Constructing this road would provide a second access route for
Agulia Ave.
30
Improvement Required: The existing one lane rough road would need widening and
paving. This would be difficult due to the steep cross slope.
• Ardilla Road # 1 (Complete section between Portola Road and Graves Creek Road)
Existing Condition: This road section leads from dirt, 1 lane road to a dead end, which
then leads into an oak woodland and rough terrain.
Circulation Impact: Constructing this road would provide second access route for
Portola Road and Graves Creek Road.
Improvement Requirements: A portion of the road is graded and used as a driveway. A
creek would have to be crossed.
• Ardilla Road # 2 (complete section between Balboa Road and Graves Creek Road)
Existing Condition: This road section leads from a paved, 2 lane T intersection to a
dead end, which then leads into an oak woodland and rough terrain.
Circulation Impact: Constructing this road would provide second access route for Ardilla
Road.
Improvement Required: This road construction would required extensive grading,
retaining wall, oak tree removal and right-of-way realignment due to the steep existing
topography.
• Atajo Road (end to Portola Road)
Existing Condition: existing dirt road
Circulation Impact: Second access route for Chauplin and Encino Ave.
Improvement Required: Paving of existing dirt road.
• Balboa Road (Otero Road to Llano Road)
Existing Condition: Balboa Road is in the hilly wooded area of west Atascadero. This
section of Balboa Road is a graded dirt road that varies in width from 12 to 20 feet and
is approximately 2,500 feet long. Subsurface water flow and surface storm water run off
leave sections of the road almost impassable during most of the year.
Circulation Impact: Improving this road would supply a second access route to Llano
Road, Santa Lucia Road, Lomitas Road and several other roads.
31
9
Improvement Required: The road could be graded and paved to City Standard or the
existing dirt road could be graded allowing emergency access. With either option the
controlling of ground water and surface storm water flow will have to be addressed.
• Campo Road (End to Graves Creek Road)
Existing Condition: This is a 1 lane dirt road that dead ends at Graves Creek.
Circulation Impact: Constructing this road would provide a second access route for
Campo Road.
Improvement Required: A bridge would need to be built over Graves Creek and the
road would end into Ramona Road.
• Carmelita Ave # 1 (Casanova Ave. north to end of paved Carmelita Ave)
Existing Condition: This 1,500 foot stretch is partially graded, relatively level and is
adjoining Atascadero Creek.
Circulation Impact: Constructing this road would provide second access route for
Lucinda Lane, Barranco Heights, Barranco Road and Casanova Ave.
Improvement Required: Improving this route would not be difficult due to the existing
work completed.
• Carmelita Ave # 2 (Barranco Road to Morro Road)
Existing Condition: This 750 foot stretch is partially graded, relatively level and is
adjoining Atascadero Creek.
Circulation Impact: Constructing this road would provide second access route for
Lucinda Lane, Barranco Heights, Barranco Road and Casanova Ave.
Improvement Required: The area is flat and would not require extensive grading.
Improving this road to City Standard would cost between $200,000.00 to $400,000.00.
(Note: Only one of these sections of Carmelita Road needs to be constructed to provide
access to the above listed roads.)
• Casitas Road ( Sierra Vista to Carmelita Ave)
Existing Condition: This section of Casitas Road is not constructed. The slope is steep
and obstacles in the existing right-of-way include trees and residential private
improvements. A building permit has been applied for on a lot fronting this section of
Casitas Road. Staff has conditioned this permit to construct Casitas Road. The permit
has since expired.
32
Circulation Impact: Constructing this road would provide secondary access to Casitas
Road and Sierra Vista.
Improvement Required: Completing this road to City Standard could include grading,
tree removals and paving.
• Corriente Road (complete)
Existing Condition: Corriente Road is in the hilly wooded area of west Atascadero. A
500 foot section of Corriente Road is not improved. Gates are installed at the ends of
the paved sections. In the right-of-way a narrow trial exists. The cross slope of the
existing terrain is very steep.
Circulation Impact: Improving this road would supply a second access route to Llano
Road, Santa Lucia Road, Lomitas Road and several other roads.
Improvement Required: Completing this road to City Standard could include the
construction of retaining walls, grading, tree removals and paving.
• Falda Road (complete at Amargon Road)
Existing Condition: This is an un -built road which consists of pine trees and downhill
terrain and is about 300 ft. long.
Circulation Impact: Constructing this road would provide a second access route for
Falda Road Only.
Improvement Required: This would required grading and impacts to two existing
residences.
• Llano Road (Balboa Road to Santa Lucia Ave)
Existing Condition: Llano Road is in the hilly wooded area of west Atascadero. This
section of Llano Road is approximately 1,700 feet long and the surface is a graded dirt
road. The road is bisected by Graves Creek. A small wooden bridge, built by a private
citizen, crosses Graves Creek and is currently used by non -vehicular traffic. This bridge
can be opened to passenger vehicles in an emergency.
Circulation Impact: Improving this road would supply a second access route to Llano
Road, Santa Lucia Road, Lomitas Road and several other roads.
Improvement Required: A new bridge will have to be constructed over Graves Creek
and the road paved.
• Palo Verde Road (End to San Miguel Road)
33
Existing Condition: The existing Palo Verde Road is a steep and narrow road on the
westside of Atascadero off Morro Road. The unimproved section of this road is
approximately 2,200 feet long in the steep hills of Atascadero.
Circulation Impact: Constructing this unimproved section will provide secondary access
to Palo Verde Road and the Summit Hills Development outside the City limits.
Improvement Required: These improvements would be difficult and expensive to
construct due to the steep and rugged terrain of the area.
• San Rafael Road (end to Atascadero Ave)
Existing Condition: The unimproved section is approximately 3,000 feet long, crosses 2
blue line creeks, oak woodlands and steep terrain.
Circulation Impact: These improvements would provide a second access route for a
portion of San Rafael Road and San Carlos.
Improvement Required: These improvements would be difficult and expensive to
construct due to the creeks, oak woodlands and right-of-way realignment requirements.
• Santa Cruz Road (Bridge over Graves Creek)
Existing Condition: Dirt road lead on both sides of Graves Creek
Circulation Impact: Provide a second access route to the Santa Cruz Road area on
westside Atascadero.
Improvement Required: Road grading and construction. Construction of bridge.
• Seperado (complete missing section)
Existing Condition: Seperado is a narrow poorly paved road. A short section is
impassable due to a residential garage existing between the two ends.
Circulation Impact: Constructing this road would provide second access route for
Seperado.
Improvement Required: Removal of the garage and potential right-of-way issue.
• Serena Court (Pinal to SR 41)
Existing Condition: Not constructed.
Circulation Impact: Provide second access road for many residences on the north side
of Curbaril Road.
CM
Improvement Required: Massive grading and retaining wall. Very steep terrain.
• Toloso Road (end of Toloso to San Diego Road)
Existing Condition: No road exists.
Circulation Impact: This improvement would connect two existing roads.
Improvement Required: If the road was placed in the existing right-of-way grading,
retaining wall and oak tree removal would be extensive due to the steep, wood nature
of the right-of-way.
• Eagle Ranch (Outside City limits)
Existing Condition: This is a large undeveloped property directly south of Atascadero
City limits was part of the original Atascadero Colony. It is in the City's sphere of
influence and could some day be annexed to City.
Circulation Impact: If San Carlos and San Diego Roads were constructed in their
existing right-of-way, secondary access would be provided to a large portion of south
west Atascadero.
Improvement Required: Several miles of road would have to be constructed.
This list studies what roads, which if constructed in the existing right-of-way, would
provide a second emergency access route. There may be other routes that could also
be constructed to improve emergency access.
Analysis: As shown in this report, there are many emergency access improvements
needed in Atascadero. Several projects have been, or are being, installed to improve
emergency access. Listed below is a description of the access improvements:
✓ Encino Ave. Encino Ave was completed to Atajo Ave by a developer to provide a
emergency access route for Encino Ave.
✓ Escondido Ave. Escondido Ave was completed to San Gabriel Road to provide a
second point of access for Escondido Ave, Portal Road and San Marcos Road.
✓ River Gardens. The Lakes Subdivision provided River Gardens with an
emergency egress route.
✓ Ferrocaril Road. De Anza Estates provided Ferrocaril Road with an emergency
egress route.
✓ 3-F Meadows. Cenegal Road is being extended to the 3-F Meadows
Development (Oak Ridge Estates) which will provide an emergency access route
for the development and San Marcos Road.
35
✓ Lewis Ave Bridge. The completion of Lewis Ave Bridge will provide another north
south circulation link for the City and provide better response time to areas of
IWOAtascadero from Fire Station # 1.
The next question is what criteria should the City use to prioritize remaining emergency
access routes for construction? Listed below is a sample of potential criteria.
1. Number of residences affected by having only one way out.
2. Potential for the existing single access route to be blocked.
3. Shortening of emergency response time by installation of improvement.
4. Wildland Fire Hazard Severity rating of the area.
5. Cost of construction of the emergency access route.
6. Fiscal, or other, participation by residences.
7. Environmental impacts of the construction of the emergency access route.
Conclusion: Staff will bring back a priority system for improvements based on the
selected criteria and a funding plan in the next Atascadero Road Program staff report.
FISCAL IMPACT:
There is no fiscal impact with this report however there is a fiscal impact to construct
and maintain new roads. The City does not have enough funding to maintain the
existing road system and install circulation improvements associated with our
interchanges. One of the policies of the Atascadero Road Program is to not construct
and maintain new roads until the backlog of maintenance and circulation improvements
are better addressed. The City Council will have to weigh the need for emergency
access routes with the need for maintenance and circulation improvements in the next
budget.
ATTACHMENTS:
Exhibit A — Map of Roads
37
Atascadero City Council
ITEM NUMBER: B-2
DATE: 09/25/07
Staff Report - Community Development Department
Viejo Camino General Plan Amendment
Pre -application Review
Authorization for Staff to Process
PLN 2007-1231
(Halcon Properties, LLC)
(Request for site to be re -designated to MDR (Medium Density Residential) which
would allow 10 units per acre.)
RECOMMENDATIONS:
1. City Council authorize staff to process the proposed General Plan Amendment
application with neighborhood meeting and study session by adopting Draft
Resolution A;
or
2. City Council direct staff to further analyze the proposed project and report back to
the Council before processing;
or
3. City Council direct staff to not process the project by adopting Draft Resolution B.
DISCUSSION:
Council policy requires City Council review and an authorization to process for all
General Plan Amendments applications. The Council's policy also requires all
amendments to be reviewed and processed in such a manner as to facilitate citizen
participation. The policy suggests the following process:
A. Neighborhood Meeting. The applicant is required to hold a neighborhood
meeting to present the request to citizens of the area neighborhoods and for the
citizens to identify, list, and discus issues related to the amendment. The
applicant is responsible for organizing and conducting the meeting and attempt to
resolve as many issues as possible before submitting a formal application to the
City.
B. Study Session. Staff presents the basic facts of the amendment request to a
joint City Council/Planning Commission study session, along with general plan
and environmental analysis. Comments from the Planning Commission and the
public are received by staff for further consideration. The applicant is responsible
for resolving as many issues as possible before submitting a formal application to
the City.
Halcon Properties, LLC has acquired properties that they believe should be considered
for a single-family, small -lot residential subdivision. This request would require a
General Plan Amendment, Zone Change, Planned Development Overlay Zone, Master
Plan of Development (CUP) and a Subdivision Tract Map. The site is currently
designated as SE (Suburban Estates 2.5-10 ac min lot area). The applicant is
requesting the site be re -designated to MDR (Medium Density Residential) which allows
10 units per acre.
Proiect Summary:
The conceptual project overview consists of a 62 small -lot residential subdivision on a
9.89 acre site. The residential units are proposed as factory -built duplex structures
arranged in a zero lot line configuration. The zero lot line layout consists of the duplex
unit being divided along the lot property line and having no side -yard setback. The
project would have an overall density of 6.2 units per acre.
W
Situation and Facts:
1. Applicant / Representative: Halcon Properties, LLC
308 E. Carillo St.
Santa Barbara, CA 93101
2. Project Address: 11955 and 11975 Viejo Camino (APN 045-401-003, 045-
401-004) each within City of Atascadero (San Luis Obispo
County)
3. General Plan Designation: SE — Suburban Estate (2.5 — 10 acres minimum)
4. Zoning District:
5. Site Area:
6. Existing Use:
7. Environmental Status:
RS (Residential Suburban)
9.89 acres
Vacated mobile home park
Not determined -Application pending
X
PRELIMINARY PROJECT ISSUES:
Land Use and Zoning Issues:
The project site's general plan SE land use designation and RS zoning is currently
consistent with adjacent large lot residential properties along Halcon Road. Converting
the subject property to a residential multi -family designation would be inconsistent with
neighboring properties.
Possible options may include expanding the area of consideration to include all of the
adjacent SE (Suburban Estate) properties along Halcon Road.
41
71
Planned Development Proiect Benefits:
vftw Planned Development Overlay Zones require that the project "...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 consider this project
request, the project must offer all of the tier 1 benefits.
It appears that the project may not meet the criteria of the Tier 1 Benefit A to provide
"Affordable / Workforce Housing" or Benefit B requiring "High Quality Architectural
Design."
PD Location
Tier 1 Benefits
Tier 2 Benefits
Inside of Urban Core
a) Affordable/ Workforce Housing
a) Pocket Parks in larger projects
b) High Quality Architectural
b) Trails / Walkways for Pedestrian
Design
Connectivity
c) High Quality Landscape Design
c) Historic Preservation
d) Buffering between Urban and
Suburban zones (large lot sizes,
increased setbacks, landscape
buffers, etc.)
e) Higher density to meet Housing
Element goals
Affordable Housing:
According to the applicant, the factory -built concept is being proposed to maintain a
level of market rate affordability for the entire project. The applicant proposed no deed -
restriction; however, the unit prices are anticipated to be at a level (currently proposed
at $325,000 to $375,000) within the San Luis Obispo County's "work force" housing
guidelines. The County's affordability table is referenced on Attachment 5. Staff notes
that the City of Atascadero maintains its own inclusionary policy and criteria which
differs from the County of San Luis Obispo. Affordable units in Atascadero are those
units which meet the City Council's Inclusionary Housing Requirements as follows:
City of Atascadero's Inclusionary Housing Policy
1. Projects of 11 or more units must build units or receive a Council approval to pay in -lieu fees.
2. The percentage of units within a project that must be affordable shall be 20%.
3. The distribution of affordable units in multi -family land use areas shall be as follows:
0 20% Very Low Income
0 37% Low Income
o 43% Moderate
4. In -lieu fees shall be collected for all fractional units up to 0.499 units, fractional units of 0.50
and greater shall be counted as 1.0 units.
5. All inclusionary units shall be deed restricted for a period of 30 years.
42
6. The exterior design and quality standards for affordable units shall be comparable to those of
market rate units. Affordable units may be of a smaller size and utilize less expensive interior
finishes.
7. Affordable units shall be distributed throughout a project site and not concentrated in one
location.
8. Inclusionary units shall be built concurrently with market rate units. A construction timeline
shall be approved by the City Council prior to construction.
Based on the City's inclusionary policy the project should be required to provide 12
affordable units in the income categories summarized in the following table:
nNsnr�"alc Ftton nit Countotl 7its�Rea�red
's4
2°af�l2unts er Lowlncoe x 2.40 2
�7
3�n, 1 uiitsLouunepme 4.44 5
&.rdt 6.0.In6 5.16 5
Design and Architectural Issues:
The factory -built design lacks architectural variety and detail normally required of
planned development projects. In addition, the shape, massing, scale, and rooflines are
extremely similar and repetitive because the units would be factory built.
Possible options include but are not limited to providing a variety of roof pitches, wrap-
around porches on corner units, variation in porch and porch column design, variation in
window types and groupings, and variation in siding, variation in garage door styles and
colors. However, the applicant has told staff that adding variations to factory built units
is cost prohibitive.
The lack of design features and architectural variety of this factory -built product is evident behind the
artist's tree, shrub, and vine foliage.
43
flaw -4 - moo•►-�l�wsliora- �lan-! - 91�G�'lewr.1a..�
Traffic Impacts:
Increasing the density of any of the SE (Suburban Estate) properties will result in
additional vehicle trips on adjacent streets as well as the nearby U.S. Highway 101
Santa Barbara interchange. Although traffic impacts have not been analyzed,
significant traffic issues associated with the Las Lomas, Dove Creek and San Diego
Way residential projects exist in the nearby vicinity. A General Plan Amendment on this
or adjacent properties will require detailed traffic and circulation analysis to determine
area roadway,. bicycle, and pedestrian circulation improvements as well as fair share
mitigation for the U.S. 101 / Santa Barbara interchange.
Native Tree Impacts and Grading:
The site contains 329 native trees which are primarily Coast Live Oaks and Blue Oaks.
The plans call for 56 trees to be removed; this constitutes 17% of the site's trees. Many
other native trees may be impacted by the development. The project is proposing to
create a permanent open space area on the rear portion of the site where many of the
Blue Oaks are located. The areas of development will require significant site grading
and modification to accommodate construction and drainage facilities.
FISCAL IMPACT:
According to the 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 service costs
of new development. Based on the revenue projections from the Taussig Study, the
City has developed standard Conditions of Approval for new residential planned
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.
If the project is approved for processing, it should be required to be fiscally neutral so
the added residential units fund their own on-site improvements and maintenance, as
well as their fair share of off-site improvements and impacts to City emergency services.
45
In
ATTACHMENTS:
Attachment 1:
Draft Resolution A Authorizing GPA Processing
Attachment 2:
Draft Resolution B Denying GPA Processing
Attachment 3:
Location Map, General Plan and Zoning
Attachment 4:
Existing Project Site Aerial
Attachment 5:
Proposed Conceptual Site Plan
Attachment 6:
Proposed Conceptual Floor Plans and Elevations
Attachment 7:
San Luis Obispo County Affordable Housing Table
M.
ATTACHMENT 1: Draft Resolution A
Authorizing Staff to Process General Plan Amendment
DRAFT
RESOLUTION A
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING STAFF TO
PROCESS A GENERAL PLAN LAND USE DIAGRAM AMENDMENT
WITH NEIGHBORHOOD MEETING AND STUDY SESSION FOR A 62
UNIT MULTI -FAMILY RESIDENTIAL PLANNED DEVELOPMENT
PROJECT LOCATED AT
11955 AND 11975 VIEJO CAMINO
WHEREAS, a proposal has been received from Halcon Properties, LLC, 308 E. Carillo
St., Santa Barbara, CA 93101 (Applicant and Property Owner), to consider a project consisting
of a General Plan Land Use Diagram Amendment for a 62 unit multi -family residential Planned
Development project located at 11955 and 11975 Viejo Camino, (APN 045-401-003, 045-401-
004); and,
WHEREAS, the Atascadero City Council considered authorizing staff to process the
proposed application with neighborhood meeting and joint City Council/Planning Commission
study session during a regular meeting on September 25, 2007 consistent with the City's General
Plan Amend Policy; and,
NOW THEREFORE, the City Council of the City of Atascadero, hereby resolves to
authorize the process of a General Plan Land Use Diagram Amendment at 11955 and 11975
Viejo Camino.
47
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:
O•• G
CITY OF ATASCADERO, CA
George Luna
Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Rob Schultz, Interim City Attorney
EN
ATTACHMENT 2: Draft Resolution B
Denying Authorization for Staff to Process General Plan Amendment
DRAFT
RESOLUTION B
A RESOLUTION OF THE CITY COUNCIL DENYING AUTHORIZATION
FOR STAFF TO PROCESS A GENERAL PLAN LAND USE DIAGRAM
AMENDMENT FOR A 62 UNIT MULTI -FAMILY RESIDENTIAL
PLANNED DEVELOPMENT PROJECT LOCATED AT
11955 AND 11975 VIEJO CAMINO
WHEREAS, a proposal has been received from Halcon Properties, LLC, 308 E. Carillo
St., Santa Barbara, CA 93101 (Applicant and Property Owner), to consider a project consisting
of a General Plan Land Use Diagram Amendment for a 62 unit multi -family residential Planned
Development project located at 11955 and 11975 Viejo Camino, (APN 045-401-003, 045-401-
004); and,
WHEREAS, the Atascadero City Council considered authorizing staff to process the
proposed application during a regular meeting on September 25, 2007 consistent with the City's
General Plan Amend Policy; and,
NOW THEREFORE, the City Council of the City of Atascadero, hereby resolves to
deny the authorization for staff to process any General Plan Land Use Diagram Amendment at
11955 and 11975 Viejo Camino.
we
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:
CITY OF ATASCADERO, CA
George Luna
Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Rob Schultz, Interim City Attorney
50
ATTACHMENT 3: Location Map, General Plan S Zoning
51
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ATTACHMENTS: Proposed Conceptual Site Plan
53
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ATTACHMENT 6: Proposed Conceptual Floor Plans
54
ATTACHMENT 6: Proposed Conceptual Floor Plans
55
In
ATTACHMENT 6: Proposed Conceptual Floor Plans
56
ATTACHMENT 6: Proposed Conceptual Elevations
57
ATTACHMENT 6: Proposed Conceptual Elevations
ATTACHMENT 6: Proposed Conceptual Elevations
59
ATTACHMENT 7: San Luis Obispo County Affordable Housing Table
Affordable Housing Standards - Inland Areas
SAN LUIS OBISPO COUNTY DEPARTMENT OF PLANNING AND BUILDING
nminty Government Center San Luis Obispo, California 93408 Telephone (805) 781-5601
bulletin summarizes the county's affordable housing standards for non -coastal areas, including maximum
ehold incomes, home purchase prices and rents. These standards are effective January 19, 2007.
Mme limits:
state defines family income groups as follows: "Extremely Low Income" is defined by Health and
Ay Code Section 50106 as 30% of county median income; "Very Low Income" is defined by Health and
qty Code Section 50105 as 50% of county median income; "Lower Income" is defined by Health and
Ay Code Section 50079.5 as 80% of county median income; "Moderate Income" is defined by Health
Safety Code Seciton 50093 as 1200)o of county median income; "Workforce" is defined by Title 22 of
County Code as 160% of county median income.
3
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720
maximum sales prices: (see footnotes)
M61
19
27
Note 1: Homeowner association fee asuumed at $150 per month.
Note 2: Mortgage financing assumed at 7.22% fixed rate for 30 years (per HSH As
for week ending 08/17/07).
Note 3: Prices shown are preliminary estimates and may be revised.
Note 4: Actual sales price limits will be determined by the County on a case-by-case basis.
•E
Updated: 8!22/2007
61