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HomeMy WebLinkAboutAgenda Packet 05/10/2005 CITY OF A TASCADERO Isis � ® is e CITY COUNCIL AGENDA Tuesday, May 10, 2005 7:00 P.M. Atascadero Lake Pavilion 9315 Pismo St. Atascadero, California 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 Labor Negotiator (Govt. Code Sec. 54957.6) Agency Negotiators: City Manager, Assistant City Manager Employee Organizations: Department Heads, Mid- Management/Professional, Confidential, Atascadero Police Association, Atascadero Fire Fighters Bargaining Unit, Service Employees Intl. Union Local 620. b) Conference with legal counsel (Govt. Code Sec. 54956.9 (b) ) Significant exposure to litigation — one potential case. 3. ADJOURN 4. CLOSED SESSION REPORT 1 REGULAR SESSION: 7:00 P.M. PLEDGE OF ALLEGIANCE: Council Member Clay ROLL CALL: Mayor Scalise Mayor Pro Tem O'Malley Council Member Clay Council Member Luna Council Member Pacas 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 and address 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.) APPROVAL OF AGENDA: Roll Call COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council Mle�imbers 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.) PRESENTATIONS: 1. Proclamation declaring May 15, 2005 "Police Memorial Day" and the week of May 15th —21st as "National Police Week". 2. Presentation of service plaque to former Parks and Recreation Commissioner, Gail Kudlac. 3. Damage Assessment Report for City Hall presented by Piper Jaffray. 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.) 2 1. City Council Meeting Minutes — March 22, 2005 • City Clerk Recommendation: Council approve the City Council minutes of March 22, 2005. [City Clerk] 2. City Council Meeting Minutes — April 12, 2005 ■ City Clerk Recommendation: Council approve the City Council minutes of April 12, 2005. [City Clerk] 3. Pavilion on the Lake Caterer Approval ■ Fiscal Impact: Revenue of $150/month rental fee, 16% of gross receipts for all on-site cafe & catering sales and 8% of gross receipts for all off-site catering sales. ■ Recommendation: Council approve a three-year contract with Pacific Harvest Catering, effective May 11, 2005 through June 30, 2008, for the Pavilion caterer & cafe. [Community Services] 4. City Inspection Services ■ Fiscal Impact: None. ■ Recommendation: Council authorize the City Manager to enter into ongoing contracts for contract inspection services with firms on the "Inspection Services Qualified Firm List." [Public Works] 5. Atascadero Creek—Sanitary Sewer Inverted Siphon Replacement Fiscal Impact: $408,700.00, wastewater fund. ■ Recommendations: Council: 1. Authorize the Administrative Services Director to transfer $133,292 from the Wastewater Fund to the Public Works Department, Wastewater Division Capital Outlay Fund for the Atascadero Creek Sanitary Sewer Inverted Siphon Replacement project; and, 2. Authorize the City Manager to execute a contract with MGE Underground for $268,706 to construct the Atascadero Creek — Sanitary Sewer Inverted Siphon; and, 3. Authorize the City Manager to execute a change order for $26,871 to expand the existing contract with Cannon Associates for engineering support services for the Atascadero Creek - Sanitary Sewer Inverted Siphon Replacement project. [Public Works] B. PUBLIC HEARINGS: 1. Planned Development 15 Text Amendment: Zone Change 2005-0096 (City of Atascadero) ■ Fiscal Impact: The proposed zone text amendment will be revenue neutral to the City. ■ Recommendation: Planning Commission Recommends: Council introduce for first reading, by title only, draft Ordinance A approving Zone Text Change 2005-0096 based on findings. [Community Development] 3 C. MANAGEMENT REPORTS: 1. Sunken Gardens Improvement Project ■ Fiscal Impact: $1,238,940.00, Community Redevelopment Agency bond proceeds. ■ Recommendations: Parks and Recreation Commission recommends: Council approve the Sunken Gardens Improvement Project, deleting the diagonal walking paths and moving the Wood Nymphs from the Sunken Gardens until they can be repaired, or build a shelter to protect them from the elements. City Staff recommends: Council approve final design elements for the Sunken Gardens Improvement Project and approve staff calling for bids. (This approval would include the diagonal paths and provide for on site protection of the Wood Nymphs during construction). [Public Works Department] D. COMMITTEE & LIAISON REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary): Mayor Scalise 1. County Mayor's Round Table 2. Atascadero State Hospital Advisory Board 3. Local Agency Formation Commissions (LAFCO) Mayor Pro Tem O'Malley 1. Finance Committee 2. Air Pollution Control District (APCD) 3. Economic Vitality Corporation, Board of Directors (EVC) 4. League of California Cities— Grassroots Network 5. City/ Schools Committee 6. Economic Opportunity Commission (EOC) Council Member Clay 1. S.L.O. County Flood Control & Water Conservation District Water Resources Advisory Committee 2. Nacimiento Water Purveyors Contract Technical Advisory Group 3. North County Water Purveyors Group Council Member Luna 1. SLO Council of Governments (SLOCOG) / S.L.O. Regional Transit Authority (SLORTA) 2. Finance Committee Council Member Pacas 1. Integrated Waste Management Authority (IWMA) 2. City/ Schools Committee 3. Atascadero Youth Task Force 4 E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager F. 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, Shannon Sims, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the May 10, 2005 Regular Session of the Atascadero City Council was posted on May 3, 2005 at the Atascadero City Hall Annex, 6905 El Camino Real, Suite 6, Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location. Signed this 3rd day of May, 2005 at Atascadero, California. Shannon Sims, Deputy City Cler City of Atascadero 5 City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING The City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m., at the Atascadero Pavilion on the Lake, 9315 Pismo St., 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 Annex business hours at the Central Receptionist counter and on our website, www.atascadero.ora. 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. 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) 461-5000. 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 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: • You must approach the podium and be recognized by the Mayor • Give your name and address (not required) • Make your statement • • All comments should be made to the Mayor and Council' • No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present • All comments limited to 5 minutes (unless changed by the Council) • 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. Access to hook up your laptop to the City's projector will 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). TO HAVE ITEMS PLACED ON AGENDA All business matters to appear on the Agenda must be in the Office of the City Manager 14 days preceding the Council 0 meeting. Should you have a matter you wish to bring before the Council, please mail or bring a written communication to the City Manager's office in City Hall prior to the deadline. 6 City of Atascadero Proclamation NATIONAL POLICE 'WEEK, May 15 - 21, 2005 POLICE MEMORIAL DAY, May 15, 2005 WHEREAS, Police Memorial Day was first established by Presidential Proclamation in 1960 to commemorate all law enforcement officers who had given their life in the line of duty; and WHEREAS, since 1960, Police Memorial Day has been observed on May 15th and the week in which Police Memorial Day falls has been,proclaimed as National Police Week"-and WHEREAS, law enforcement officers willingly perform hazardous duty to protect and defend their community;and WHEREAS, the people of our nation and state should commemorate those officers who have given their lives while providing service and protection to their community. NOW, THEREFORE, 1, Wendy Scalise, the Mayor of the City of Atascadero, do hereby proclaim: MAY 15,2005 AS NATIONAL PEACE OFFICERS MEMORIAL DAY and MAY 15=21,2005 AS NATIONAL POLICE in Atascadero and call upon all citizens and law enforcement agencies to,pay tribute to those who have given the ultimate while protecting their,community. WITNESS THE OFFICIAL SEAL OF THE CITY OF ATASCADERO: Wendy Scalise, Mayor City of Atascadero, CA May 10, 2005 7 ITEM NUMBER: A- 1 DATE: 05/10/05 ■n nfs� I 191$ 19,, CITY OF ATASCA DERO CITY COUNCI L DRAFT MINUTES Tuesday, March 22, 2005 7:00 P.M. REGULAR SESSION: 7:00 P.M. Mayor Scalise called the meeting to order at 7:00 p.m. and Council Member Pacas led the Pledge of Allegiance. ROLL CALL: Present: Council Members Clay, Luna, Pacas, O'Malley and Mayor Scalise Absent: None Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson and Deputy City Clerk Grace Pucci Staff Present: Assistant City Manager Jim Lewis, Administrative Services Director Rachelle Rickard, Community Development Director Warren Frace, Community Services Director Brady Cherry, Public Works Director Steve Kahn, Deputy Public Works Director Geoff English, Police Lt. John Hough and City Attorney Patrick Enright COMMUNITY FORUM: Pastor Steve Shively, Calvary Chapel Atascadero, led those present in prayer. Ann Ketcherside asked Council to get involved with the Vetter family case. CC Draft Minutes 03/22/05 Page 1 of 8 8 Emily Rosten read from a letter she wrote to the Editor of Atascadero News suggesting that the city's name be changed to Cielo Grande. Julie Bennett, representing the Atascadero Board of Realtors, thanked Jim Lewis and City staff for presenting the downtown plan to them. Michael Frederick presented a $2,400 check to the city which they had received for hauling off and selling the scrap iron from the bowling alley. Barbie Butz, representing the Atascadero Performing Arts Center Committee (APACC), thanked those who came to Colony Hall to see the Cal Poly students' work. Brad Goodrow shared with Council the Zoning Award his company received from the California Integrated Waste Management Board for their efforts in recycling. Mayor Scalise closed the Community Forum period. APPROVAL OF AGENDA: MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member Luna to approve the agenda. Motion passed 5;0 by a roll-call vote. COUNCIL ANNOUNCEMENTS AND REPORTS: Council Member Clay spoke about the city name. Mayor Pro Tem O'Malley commended APACC for their work with the Cal Poly students. Council Member Pacas explained the meaning of the name Atascadero. Council Member Luna spoke about the proposal to change the name of Traffic Way. Mayor Scalise expressed her support of grass roots efforts. Council Member Clay stated he would like to see some of the top displays for the performing arts center brought before the City Council PRESENTATIONS: 1. Proclamation declaring April 2005 the "Month of the Child". CC Draft Minutes 03/22/05 Page 2 of 8 9 Council Member Pacas read the proclamation and presented it to Janice Felde, President of Atascadero Children's Center, who thanked the Council and as a token of appreciation presented them with posters and handcrafted spring bouquets. Deanne McKuen introduced children from the Atascadero Children's Center who sang a song for the Council. 2. Presentation of service plaque to former Parks and Recreation Commissioner, Eric Gobler. Mayor Scalise presented the plaque to Eric Gobler and thanked him for his work on the Parks and Recreation Commission. Mr. Gobler thanked the Council for being allowed to serve and encouraged more joint meetings with the Parks and Recreation Commission. A. CONSENT CALENDAR: 1. Downtown Walking Tour Minutes — February 18, 2005 ■ City Clerk Recommendation: Council approve the Downtown Walking Tour minutes of February 18, 2005. [City Clerk] 2. City Council Meeting Minutes — February 22, 2005 City Clerk Recommendation: Council approve the City Council minutes of February 22, 2005. [City Clerk] 3. Cornmercial Zoning Text Amendment / Zone Change 2004-0094 (City of Atascadero) ■ Fiscal Impact: Proposal is revenue neutral. ■ Recommendation: Council adopt on second reading, by title only, draft Ordinance A approving Zone Text Change 2004-0094 updating the CR, CT, CS, and CPK zoning districts, and updating land use definitions based on findings, and with staff recommended changes. [Community Development] 4. Final Map 2004-0095 (Tract 2576)(TTM 2003-0043) 7755 Navai®a (Huckobev/Wilson) ■ Fiscal Impact: None. ■ Recommendations: Council: 1. Accept Final Parcel Map 2004-0095 (Tract 2576); and, 2. Accept the offer of dedication for street purposes; and, 3. Reject, without prejudice to future acceptance, the offers of dedication for Public Utility Easement and Public Drainage Easement; and, 4. Authorize City Manager to execute a Subdivision Improvement Agreement. [Public Works] CC Draft Minutes 03/22/05 Page 3of8 10 5. Final Map 2004-0103 (Tract 2599)(TTM 2003-0034) 5785 San Jacinto 0 (Bennett/ EMK) ■ Fiscal Impact: None. ■ Recommendations: Council: 1. Accept Final Parcel Map 2004-0103 (Tract 2599); and, 2. Reject, without further prejudice to future acceptance, the offer of dedication for street purposes. [Public Works] MOTION: By Council Member Luna and seconded by Council Member Clay to approve Items #A-1, 2, 3, 4 and 5. Motion passed 5:0 by a roll-call vote. B. MANAGEMENT REPORTS: 1. Downtown Public Investment Priorities ■ Fiscal Impact: None. ■ Recommendation: Council receive oral report and take action on prioritizing public projects in the downtown area. [City Manager] Assistant City Manager Jim Lewis gave the staff report and answered questions of Council. There were several changes to individual Council Members priority lists. The amended priority chart is attached. (Exhibit A) PUBLIC COMMENT Eric Greening asked for clarification on the off the table items, their status and budgets. Mayor Scalise closed the Public Comment period. Assistant City Manager Jim Lewis addressed issues raised during Public Comment. MOTION: By Council Member Clay and seconded by Mayor Pro Teras O'Malley to approve the priority list. Motion passed 5:0 by a roll-call vote. 2. Annual Housing Report (Calendar Years 2003-2004) ■ Fiscallmoact: None. ■ Recommendation: Council receive and file the attached annual housing report. [Community Development] CC Draft Minutes 03/22/05 Page 4of8 Community Development Director Warren Frace gave the staff report and answered questions of Council. PUBLIC COMMENT Eric Greening stated his opposition to counting the 32 homeless shelter beds as housing and indicated his support for the very low income housing component. Mayor Scalise closed the Public Comment period. MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member Clay to receive and file the housing report. Motion passed 5:0 by a voice vote. 3. Approval of Site Master Plan for Traffic Way Park and Recreation Center Design Plans ■ Fiscal Impact: Approximately $6,000,000.00. ■ Recommendation: Council approve the Traffic Way Park Master Plan, Recreation Center Building Design Plan, and review the preliminary project schedule and budget. [Community Services] Mayor Pro Tem O'Malley stepped down from consideration of this item as he owns property within 500 feet of the project. Community Services Director Brady Cherry gave an overview of the process to date and answered questions of Council David Volz, landscape architect, presented the design plan for Traffic Way Park and answered questions of Council Maurice Macaray presented the design plan for the Recreation Center Building and answered questions of Council PUBLIC COMMENT Barbie Butz expressed her support for the project and spoke about the focus group involved with developing the plan. Eric Greening stated his support for the center and discouraged rotating sports field A at this time. He hoped that the name of George Beatie would stay when the skate park moves to this location. Rick Mathews spoke about the potential traffic hazard at the northern most entrance to the property from Traffic Way, as well as the importance of a good design for the skate park. CC Draft Minutes 03/22/05 Page 5 of 8 `l 2 Janice Felde asked about plans for a public swimming pool at this site. John Nielson expressed his concern about the northern entrance to the park from Traffic Way. Mayor Scalise closed the Public Comment period. Assistant City Manager Jim Lewis explained the timeline and budget for the project and answered questions of Council. MOTION: By Council Member Clay and seconded by Council Member Luna to approve the Traffic Way Park Master Plan, Recreation Center Building Design Plan, and the preliminary project schedule and budget and that some attention be directed to mitigating the possible danger of the north entrance or exit. Motion passed 4:0 by a roll-call vote. Mayor Pro Tem O'Malley rejoined the hearing. 4. Atascadero Road Program ■ Fiscal Impact: $240,000.00. ■ Recommendation Council receive an update on the Atascadero Road Program. [Public Works] Public Works Director Steve Kahn gave the staff report and answered questions of Council. PUBLIC COMMENT Eric Greening stated that this was an excellent program, and asked iftraffic calming measures such as those on Santa Ysabel are being built into other projects around town. Mayor Scalise closed the Public Comment period. MOTION: By Council Member Luna and seconded by Council Member Clay to receive the Road Program report. Motion passed 5:0 by a voice vote. 5. Commission Appointments ■ Fiscal Impact: None. ■ Recommendations: CC Draft Minutes 03/22/05 Page 6 of 8 j 13 1. Council Members Clay, Luna, and Mayor Scalise appoint their directly appointed Commissioners for the Planning Commission and the Park & Recreation Commission; and, 2. Council appoint Greg Porter to a four year term in the at-large position on the Planning Commission; and, 3. Council adopt the draft Resolution, allowing the Council to appoint up to two youth members to the Parks & Recreation Commission; and, 4. Council appoint Paige Buck-Moyer and Christopher Solkshinitz as youth members on the Parks & Recreation Commission. [City Clerk] City Clerk Marcia McClure Torgerson gave the staff report and answered questions of Council. PUBLIC COMMENT Rich Mathews, Parks and Recreation Commissioner, stated that a sitting Commissioner has applied for one of the open positions and urged Council to put her in a similar position to Planning Commissioner Greg Porter. Mayor Scalise closed the Public Comment period. MOTION: By Council Member Luna and seconded by Mayor Pro Tem O'Malley that Council Members Clay, Luna, and Mayor Scalise appoint their directly appointed Commissioners for the Planning Commission and the Park & Recreation Commission; and, to appoint Greg Porter to a four year term in the at-large position on the Planning Commission; and, to adopt the draft Resolution, allowing the Council to appoint up to two youth members to the Parks & Recreation Commission; and, to appoint Paige Buck-Moyer and Christopher Solkshinitz as youth members on the Parks & Recreation Commission. Motion passed 5:0 by a roll-call vote. C. COMMITTEE & LIAISON REPORTS: None D. INDIVIDUAL DETERMINATION AND/OR ACTION: Citv Council Council Member Luna asked if the city has written a letter to Assemblyman Sam Blakeslee requesting his assistance in negotiations with Atascadero Stato Hospital in getting the expansion of Paloma Creek Park. CC Draft Minutes 03/22/05 Page 7 of 8 14 City Clerk Torgerson stated that if the letter has already gone out she would email a copy to Council. City Attorney City Attorney Enright reminded Council of the special joint meeting next Tuesday to discuss the Brown Act, conflicts/ethics issues and the Public Records Act. City Manager Assistant City Manager Lewis announced a study session in April 12th, 5:00 p.m. regarding Colony Square and another on April 26th, 5:00 p.m. regarding the impact of three-story buildings. E. ADJOURNMENT: Mayor Scalise adjourned the meeting at 9:21 p.m. to the special joint meeting on March 29th, 2005. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Deputy City Clerk The following exhibit is available for review in the City Clerk's office: Exhibit A—Amended Downtown Pubic Investment Priorities Chart CC Draft Minutes 03/22AS Page 8 of 8 15 al � � N Tho O N N N F- U) N N V d ccD M r N M < L N O U ca� co J N l6• co VI N r r h 7 a M N 16 C CD a H c w E m m > c m c c m m ,r c 0 °' c m w d a _ .+ v, E _ aEi o (L) d W > :c LL U ca � a Q Co: of a E m cx -0 Cy) (D E_ O a)E E tizcn d o -O 2 C;) t3)m m '� m E 0) C o m N N C. C C c ,Q. i a) C a) N a) y y On 4 CL n aNi 0 0 0 _ c aa)) o U c Q «� O O a C13 a) c4 C O O w Cc U 1a W a) V7 C C O c a) 3 3 16 ITEM NUMBER: A-2 DATE: 05/10/05 CITY OF A TA SCA DERO iais � a ie a� CITY COUNCIL ®RAFT MINUTES Tuesday, April 12, 2005 7:00 P.M. CLOSED SESSION: (Immediately Following Redevelopment Agency Meeting) 1. PUBLIC COMMENT— CLOSED SESSION — None 2. .CALL TO ORDER a) Conference with Labor Negotiator (Govt.Code Sec. 54957.6) Agency Negotiators: City Manager, Assistant City Manager Employee Organizations: Department Heads, Mid- Management/Professional, Confidential, Atascadero Police Association, Atascadero Fire Fighters Bargaining Unit, Service Employees Intl. Union Local 620. 3. ADJOURN 4. CLOSED SESSION REPORT Mayor Scalise announced that Council has recessed the Closed Session and will resume following the City Council meeting: REGULAR SESSION: 7:00 P.M. Mayor Scalise called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance. CC Draft Minutes 04/12/05 Page 1 of 12 17 ROLL CALL: Present: Council Members Clay, Luna, Pacas, O'Malley and Mayor Scalise Absent: None Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson, Deputy City Clerk Grace Pucci Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis, Administrative Services Director Rachelle Rickard, Community Development Director Warren Frace, Public Works Director Steve Kahn, Community Services Director Brady Cherry, Police Chief John Couch, Deputy Executive Director of Redevelopment Marty Tracey, Deputy Public Works Director Geoff English, Deputy Community Development Director Steve McHarris and City Attorney Patrick Enright. COMMUNITY FORUM: Pastor John Davis of Christ Chapel led those present in prayer. Ann Ketcherside asked the City to clarify the zoning on a specific property to allow the owners to realize its proper value. Eric Greening suggested the City work with the Colony Square developer on affordable housing for those who would not require parking, pleasant public transit stops, and creation of a pedestrian walk way from the project to the new transit center. Jim Brenton, representing the Santa Lucia Neighborhood Association, read from a prepared statement regarding the Millhollin Mine. (Exhibit A) Ann Ketcherside requested a written statement explaining why the city is repairing the roof of the new city hall rather than the foundation. Mayor Scalise closed the Community Forum period. APPROVAL OF AGENDA: MOTION: By Council Member Clay and seconded by Mayor Pro T em O'Malley to approve the agenda. Motion passed 5:0 by a roll-call vote. CC Draft Minutes 04/12/05 Page 2 of 12 18 COUNCIL ANNOUNCEMENTS AND REPORTS: Mayor Scalise spoke about the opening day program for T-Ball and thanked staff for job well done. Mayor Pro Tem O'Malley reported that the Colony Days Board is having their first larger committee meeting this Friday, 12:00 noon, at Players Restaurant. This year's theme is "Tent City Homecoming." Council Member Luna announced two meetings have been scheduled to help educate the public regarding the human/mountain lion conflict in the area: April 28th, 7:00 to 9:00 at the Lake Pavilion and April 30th, 9:30 to 4:00 at the Atascadero Library. Council Member Clay spoke about the growing mountain lion population in California and the increased sightings in Atascadero. A. CONSENT CALENDAR: 1. City Council Meeting Minutes — March 8, 2005 ■ City Clerk Recommendation: Council approve the City Council minutes of March 8, 2005. [City Clerk] 2. Microsoft Office Software Purchase ■ Fiscal Impact: $29,545.02 from Technology budget. ■ Recommendation: Council authorize the purchase of 110 licenses for Microsoft Select Office 2003 from Software Spectrum. [City Manager] 3. Request to Place a Memorial Bench at Atascadero Lake Park/Mitchell ■ Fiscal Impact: None. ■ Recommendation: Council approve a request by Bill Mitchell to install a memorial bench at Atascadero Lake Park in honor of his son, who was killed in Iraq. [Community Services] 4. Request to Place a Memorial Bench at Atascadero Lake Park/Johnson ■ Fiscal Impact: None. ■ Recommendation: Council approve a request by Helen Johnson, with Republican Women of Atascadero, to install a memorial bench at Atascadero Lake Park in honor of Pat Nimmo, who was killed by the Atascadero Lake. [Community Services] CC Draft Minutes 04/12/05 Page 3 of 12 19 5. Request to Place a Memorial Tree at Traffic Way Park/ Beccia ■ Fiscal Impact: None. ■ Recommendation: Council approve a request by John Beccia to plant a memorial tree at Traffic Way Park in memory of Elnora Garcia. [Public Works] 6. Request to Place a Memorial Bike Rack at Atascadero Lake Park / Hoadley ■ Fiscal Impact: None. ■ Recommendation: Council approve a request by Rod Hoadley to install a memorial bike rack at Atascadero Lake Park. [Public Works] 7. 2004-2005 Annual Overlay Program Construction Inspection Services ■ Fiscal Impact: $22,000.00. ■ Recommendation: Council authorize the City Manager to execute Contract Change Order with Pavement Engineering, Inc. in the amount of $22,000 for completion of construction inspection of the 2004-2005 Annual Overlay Program. [Public Works] Items Pulled: Mayor Scalise, Item #A-4. Item #A-4: Mayor Scalise; speaking on behalf of the Atascadero Republican Women, e3�pressed their appreciation to staff for placing a bench in honor of Pat Nimmo. MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member Pacas to approve Items #A-1, 2, 3, 4, 5, 6, and 7. Motion passed 5.0 by a roll-call vote. B. PUBLIC HEARINGS: 1. Single Family Planned Development Zone Change 2004-0093, Master Plan of Development (CUP 2004-0143), Vesting Tentative Tract Map 2004-0062/ 1565 EI Camino Real (Alvarez) ■ Fiscal Impact: None. • Recommendations: Planning Commission Recommends: Council: 1. Adopt Resolution A certifying Proposed Mitigated Negative Declaration 2005-0005; and, 2. Introduce for first reading, by title only, draft Ordinance A approving Zone Change 2004-0093 based on findings; and, 3. Adopt Resolution B approving Conditional Use Permit 2004-0143 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, CC Draft Minutes 04/12/05 Page 4 of 12 20 4. Adopt Resolution C approving Vesting Tentative Tract Map 2004-0062 based on findings and subject to Conditions of Approval and Mitigation Monitoring. [Community Development] Deputy Community Development Director Steve McHarris gave the staff report and answered questions of Council. PUBLIC COMMENT Steven Alvarez, applicant, spoke about the project, thanked staff for their help, and answered questions of Council. Mayor Scalise closed the Public Comment period. MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member Luna to adopt Resolution A certifying Proposed Mitigated Negative Declaration 2005-0005; and, introduce for first reading, by title only, draft Ordinance A approving Zone Change 2004-0093 based on findings; and, adopt Resolution B approving Conditional Use Permit 2004-0143 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, adopt Resolution C approving Vesting Tentative Tract Map 2004-0062 based on findings and subject to Conditions of Approval and Mitigation Monitoring. Motion passed 5:0 by a roll-call vote. (Resolution No's 2005- 015, 2005-016, 2005-017) 005®015, 2005-016, 2005-017) 2. Zone Change 2004-0090 / CUP 2004-0138 / TPM 2004-0066 (7392 Santa Ysabel Ave./Gannage) ■ Fiscal Impact: The project would likely have a slight negative impact on City revenues. ■ Recommendations: Planning Commission Recommends: Council: 1. Adopt Resolution A certifying Proposed Mitigated Negative Declaration 2004-0043; and, 2. Introduce for first reading, by title only, draft Ordinance A approving Zone Change 2004-0090 based on findings; and, 3. Adopt Resolution B approving Conditional Use Permit 2004-0138 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 4. Adopt Resolution C approving Vesting Tentative Parcel Map 2004- 0066 based on findings and subject to Conditions of Approval and Mitigation Monitoring. [Community Development] Deputy Community Development Director Steve McHarris gave the staff report and answered questions of Council. CC Draft Minutes 04/12/05 Page 5 of 12 21 Council Member Luna expressed concern with PD-7 projects because they convert residential multi-family affordable housing to single family residential, and he questioned the small size of the lot. PUBLIC COMMENT Patrick Kennedy, applicant/owner, spoke about the project. Mayor Scalise closed the Public Comment period. MOTION: By Council Member Clay and seconded by Mayor Pro Tem O'Malley to adopt Resolution A certifying Proposed Mitigated Negative Declaration 2004-0043; and, introduce for first reading, by title only, draft Ordinance A approving Zone Change 2004-0090 based on findings; and, adopt Resolution B approving Conditional Use Permit 2004-0138 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, adopt Resolution C approving Vesting Tentative Parcel Map 2004-0066 based on findings and subject to Conditions of Approval and Mitigation Monitoring. Motion passed 4;1 by a roll-call vote. (Luna opposed) (Resolution No's 2005-018, 2005-019, 2005-020) C. MANAGEMENT REPORTS: 1. Lewis Avenue Bridge ■ Fiscal Impact: The current construction cost estimate is approximately $2.5 million, with several potential funding sources. ■ Recommendation: Council receive report on the Lewis Avenue Bridge Project. [Public Works] Public Works Director Steve Kahn gave the staff report and answered questions of Council. John Maniscalco presented the engineering process for the bridge project. Carl Michael spoke about the environmental aspects of the bridge project. Tony Keith spoke about the aesthetics of the bridge project. CC Draft Minutes 04/12/05 Page 6 of 12 22 PUBLIC COMMENT Eric Greening asked if T-Grant funding would be used for this project, spoke about up stream creek work and the down steam consequences, and suggested that this is a good example of a project where public art could be incorporated. Public Works Director Kahn addressed issues raised by Mr. Greening. Mayor Scalise closed the Public Comment period. MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member Luna to receive the report on the Lewis Avenue Bridge. Motion passed 5:0 by a voice vote. 2. Apple Valley Assessment Districts ■ Fiscal Impact: $110,986.00 in revenues and expenses annually. ■ Recommendations: Council: 1. Adopt Draft Resolution A initiating proceedings for the formation of Street and Storm Drain Benefit Assessment District No. 01 — Apple Valley; and the, levy and collection of annual assessments related thereto commencing with fiscal year 2005/2006. 2. Adopt Draft Resolution B accepting and approving the engineer's report regarding the formation of Street and Storm Drain Benefit Assessment District No. 01 —Apple Valley. 3. Adopt Draft Resolution C declaring the City's intention to form Street and Storm Drain Benefit Assessment District No. 01 — Apple Valley; and to levy and collect annual assessments within such district commencing in fiscal year 2005/2006; and to conduct a property owner balloting on the matter of the proposed assessments connected therewith, and to appoint a time and place for the public hearing on these matters. 4. Adopt Draft Resolution D initiating proceedings for the formation of Landscaping and Lighting District No. 01 — Apple Valley; and the levy and collection of annual assessments related thereto commencing with fiscal year 2005/2006. 5. Adopt Draft Resolution E accepting and approving the engineer's report regarding the formation of Landscaping and Lighting District No. 01 —Apple Valley. 6. Adopt Draft Resolution F declaring the City's intention to form Landscaping and Lighting District No. 01 — Apple Valley; and to levy and collect annual assessments within such district commencing in fiscal year 2005/2006; and to conduct a property owner balloting on the matter of the proposed assessments connected therewith, and to CC Draft Minutes 04/12/05 Page 7 of 12 23 appoint a time and place for the public hearing on these matters. [Administrative Services] Administrative Services Director Rachelle Rickard gave the staff report and answered questions of Council. PUBLIC COMMENT None MOTION: By Council Member Luna and seconded by Mayor Pro Tem O'Malley to adopt Draft Resolution A initiating proceedings for the formation of Street and Storm Drain Benefit Assessment District No. 01 — Apple Valley; and the levy and collection of annual assessments related thereto commencing with fiscal year 2005/2006; and, adopt Draft Resolution B accepting and approving the engineer's report regarding the formation of Street and Storm Drain Benefit Assessment District No. 01 — Apple Valley; and, adopt Draft Resolution C declaring the City's intention to form Street and Storm Drain Benefit Assessment District No. 01 — Apple Valley; and to levy and collect annual assessments within such district commencing in fiscal year 2005/2006; and to conduct a property owner balloting on the matter of the proposed assessments connected therewith, and to appoint a time and place for the public hearing on these matters; and, adopt Draft Resolution D initiating proceedings for the formation of Landscaping and Lighting District No. 01 — Apple Valley; and the levy and collection of annual assessments related thereto commencing with fiscal year 2005/2006; and, adopt Draft Resolution E accepting and approving the engineer's report regarding the formation of Landscaping and Lighting District No. 01 — Apple Valley; and, adopt Draft Resolution F declaring the City's intention to form Landscaping and Lighting District No. 01 — Apple Valley; and to levy and collect annual assessments within such district commencing in fiscal year 2005/2006; and to conduct a property owner balloting on the matter of the proposed assessments connected therewith, and to appoint a time and place for the public hearing on these matters. Motion passed 5:0 by a roll-call vote. (Resolution No's 2005- 021, 2005-022, 2005-023, 2005-024, 2005-025, 2005-026) Mayor Scalise recessed the hearing at 8:25 p.m. Mayor Scalise called the meeting back to order at 8:37 p.m. CC Draft Minutes 04/12/05 Page 8 of 12 24 3. Woodridge Assessment Districts ■ Fiscal Impact: $401,995.00 in revenues and expenses annually. ■ Recommendations: Council: 1. Adopt Draft Resolution A initiating proceedings for the formation of Street and Storm Drain Benefit Assessment District No. 02 —Woodridge; and the levy and collection of annual assessments related thereto commencing with fiscal year 2005/2006. 2. Adopt Draft Resolution B accepting and approving the engineer's report regarding the formation of Street and Storm Drain Benefit Assessment District No. 02 —Woodridge. 3. Adopt Draft Resolution C declaring the City's intention to form Street and Storm Drain Benefit Assessment District No. 02 — Woodridge; and to levy and collect annual assessments within such district commencing in fiscal year 2005/2006; and to conduct a property owner balloting on the matter of the proposed assessments connected therewith, and to appoint a time and place for the public hearing on these matters. 4. Adopt Draft Resolution D initiating proceedings for the formation of Landscaping and Lighting District No. 02 — Woodridge; and the levy and collection of annual assessments related thereto commencing with fiscal year 2005/2006. 5. Adopt Draft Resolution E accepting and approving the engineer's report regarding the formation of Landscaping and Lighting District No. 02 — Woodridge. 6. Adopt Draft Resolution F declaring the City's intention to form Landscaping and Lighting District No. 02 — Woodridge; and to levy and collect annual assessments within such district commencing in fiscal year 2005/2006; and to conduct a property owner balloting on the matter of the proposed assessments connected therewith, and to appoint a time and place for the public hearing on these matters. [Administrative Services] Administrative Services Director Rachelle Rickard gave the staff report and answered questions of Council. PUBLIC COMMENT Eric Greening asked how much of the tree mitigation for this project is for on-site tree mitigation and monitoring. Community Development Director Warren Frace explained the tree mitigation plan for this project. Mayor Scalise closed the Public Comment period. CC Draft Minutes 04/12/05 Page 9 of 12 25 MOTION: By Council Member Luna and seconded by Council Member Pacas to adopt Draft Resolution A initiating proceedings for the formation of Street and Storm Drain Benefit Assessment District No. 02 — Woodridge; and the levy and collection of annual assessments related thereto commencing with fiscal year 2005/2006; and, adopt Draft Resolution B accepting and approving the engineer's report regarding the formation of Street and Storm Drain Benefit Assessment District No. 02 — Woodridge; and, adopt Draft Resolution C declaring the City's intention to form Street and Storm Drain Benefit Assessment District No. 02 — Woodridge; and to levy and collect annual assessments within such district commencing in fiscal year 2005/2006; and to conduct a property owner balloting on the matter of the proposed assessments connected therewith, and to appoint a time and place for the public hearing on these matters; and, adopt Draft Resolution D initiating proceedings for the formation of Landscaping and Lighting District No. 02 — Woodridge; and the levy and collection of annual assessments related thereto commencing with fiscal year 2005/2006; and, adopt Draft Resolution E accepting and approving the engineer's report regarding the formation of Landscaping and Lighting District No. 02 — Woodridge; and, adopt Draft Resolution F declaring the City's intention to form Landscaping and Lighting District No. 02 — Woodridge; and to levy and collect annual assessments within such district commencing in fiscal year 2005/2006; and to conduct a property owner balloting on the matter of the proposed assessments connected therewith, and to appoint a time and place for the public hearing on these matters. Motion passed 5:0 by a roll-call vote. (Resolution No's 2005- 027, 2005-028, 2005-029, 2005-030, 2005-031, 2005-032) 4. _Community Facilities Districts ■ Fiscal Impact: $147,000 in new annual revenues. Recommendations: Council: 1. Adopt Draft Resolution A, adopting a boundary map showing the boundaries of the territory proposed for the inclusion in proposed Community Facilities District No. 2005-1 (Public Services). 2. Adopt Draft Resolution B, declaring Council's intention to establish Community Facilities District No. 2005-1 (Public Services) and to authorize the levy of a special tax therein to finance certain services. 3. Adopt Draft Resolution C, ordering and directing the preparation of a Community Facilities District Report for proposed Community Facilities District No. 2005-1 (Public Services). CC Draft Minutes 04/12/05 Page 10 of 12 26 Administrative Services Director Rachelle Rickard gave the staff report and answered questions of Council. A handout was distributed to Council regarding the rate and method of apportionment. (Exhibit B) PUBLIC COMMENT Casey Bryson, President Atascadero Firefighters Association, expressed the association's support for the community facilities district. Jeff Wilshusen, President Atascadero Police Association, stated their support for the community facilities district. Eric Greening expressed his support for the community facilities district. He questioned the term "facilities" and asked about the balloting process. Jerry Bunin, Home Builders Association, thanked staff for reaching out to the association and stated they are not opposed to facility districts if the funds are used for infrastructure, but are concerned that they are being used for public services that are generally available to the entire community and will not be used solely for new developments. Mayor Scalise closed the Public Comment period. MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member Luna to adopt Draft Resolution A, adopting a boundary map showing the boundaries of the territory proposed for the inclusion in proposed Community Facilities District No. 2005- 1; and, adopt Draft Resolution B, declaring Council's intention to establish Community Facilities District No. 2005-1 and to authorize the levy of a special tax therein to finance certain services; and, adopt Draft Resolution C, ordering and directing the preparation of a Community Facilities District Report for proposed Community Facilities District No. 2005-1, as amended with the addition from staff (revised Draft Resolution B). Motion passed 5:0 by a roll-call vote. (Resolution No's 2005- 033, 2005-034, 2005-035) D. COMMITTEE & LIAISON REPORTS: Mayor Pro Tem O'Malley 1. Finance Committee: Will be reviewing the City Attorney costs. 2. Air Pollution Control District (APCD): April 23, 2005 is Earth Day; May is Bike Month 2005 and Clean Air Month. Moyer Grants were discussed. CC Draft Minutes 04/12/05 Page 11 of 12 7 3. Economic Vitality Corporation, Board of Directors (EVC): Selected John Dunn as the new Chief Executive Officer. 4. League of California Cities — Grassroots Network: Appointed to one of the policy committees on community services. The State Parks Department has put together an information packet about the Central California region. There will be a regional meeting in Ojai on Friday, April 29th Council Member Luna 1. SLO Council of Governments (SLOCOG) / S.L.O. Regional Transit Authority (SLORTA): Passed the regional transportation plan, which will be reviewed in three years. Greyhound will no longer service Atascadero, so a resolution was passed asking that AMTRAK feeder buses be allowed to carry non-rail passengers to jurisdictions not served by Greyhound. Council Member Pacas 1. Integrated Waste Management Authority (IWMA): Next Meeting scheduled for May 11 th 2. Atascadero Youth Task Force: Next meeting May 3rd. Children's Day in the Park is scheduled for May 21 st. E. INDIVIDUAL DETERMINATION AND/OR ACTION: None F. ADJOURNMENT: i Mayor Scalise adjourned the meeting at to the closed session. i MEETING RECORDED AND MINUTES PREPARED BY: A Grace Pucci,Deputy City Clerk x The following exhibits are available for review in the City Clerk's office: Exhibit A—Jim Brenton, written statement Exhibit B—Staff handout, Community Facilities District Rate and Method of Apportionment CC Draft Minutes 04/12/05 Page 12 of 12 28 ITEM NUMBER: A-3 DATE: 05/10/05 o d(oi® o ■ anis is e Atascadero City Council c Staff Report - Community Services Department Pavilion on the Lake Caterer Approval RECOMMENDATION: Council approve a three-year contract with Pacific Harvest Catering, effective May 11, 2005 through June 30, 2008, for the Pavilion caterer& cafe. DISCUSSION: Background: The Pavilion on the Lake's current caterer will not be renewing their contract. A new caterer, Pacific Harvest Catering, has been' interviewed and selected by a panel (two Parks and Recreation Commissioners, and two City staff) to take over the cafe and catering business at the Pavilion. All contract terms will remain the same as in the past, and Pacific Harvest Catering will run both the catering and cafe businesses out of the Pavilion. Analysis: After reviewing two proposals for catering businesses, and interviewing both parties interested, the panel decided that Pacific Harvest Catering would best suit the needs of the Pavilion renters and the community of Atascadero. FISCAL IMPACT: The City of Atascadero stands to profit from Pacific Harvest Catering based upon the following figures: $150 per month rental fee of the cafe 16% of gross receipts for all on-site cafe & catering sales 8% of gross receipts for all off-site catering sales 29 ITEM NUMBER: A-4 DATE: 05/10/05 minim i ■ a 1918 0 1979 A��ERO/ Atascadero City Council Staff Report - Public Works Department City Inspection Services RECOMMENDATION: Council authorize the City Manager to enter into ongoing contracts for contract inspection services with firms on the "Inspection Services Qualified Firm List." DISCUSSION: The City uses contract inspectors to inspect the construction on some capital projects and private developments when City staff can not complete the work. The City has many capital projects planned in the near future and private development is at record levels. Staff is planning to hire contract inspectors to prepare for this large work load. Staff requests the ability to create a list of qualified firms that offer inspection services. Contracting for inspection 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 inspectors as needed. In December of 2004, staff solicited proposals from qualified firms for the purpose of establishing a list to provide inspection services for the Public Works Department on an as needed basis. The work was divided into two categories and the firms were instructed to submit proposals on one or both. The categories were; Development Inspections, which include improvements constructed as a condition of development, such as curb, gutter and sidewalk, utilities, drainage and grading; and Capital Improvement Inspections such as the annual overlay project, bridge replacements and park facilities. 30 ITEM NUMBER: A-4 DATE: 05/10/05 Proposals were received from four firms for inspection services. The proposals were reviewed for qualifications, previous experience, references and cost. The four firms were all found qualified for inspection services and staff is recommending that they all be placed on the list. FISCAL IMPACT: None. ATTACHMENT: Attachment "A" - Qualified Inspection Firm List 31 ITEM NUMBER: A-4 DATE: 05/10/05 Attachment "A19 CITY OF ATASCADERO INSPECTION SERVICES - QUALIFIED FIRMS LIST May 2005 Firm City Capital Project Development Inspection Project Inspection Pavement Engineering Yes Yes 1248 Laurel Lane, Suite B San Luis Obispo, CA 93422 Wallace Group Yes Yes 4115 Broad Street San Luis Obispo, CA 93401 MNS Engineers Yes Yes 41.41 State Street Santa Barbara, CA 93110 North Coast Yes No Engineering 725 Creston Road Paso Robles, CA 93446 Approved by the City Council 5110105 ITEM NUMBER: A-5 DATE: 05/10/05 n ■ ®f o ■ ` ® e e 9' moi Atascadero City Council Staff Report - Public Works Department Atascadero Creek - Sanitary Sewer Inverted Siphon Replacement RECOMMENDATIONS: Council: 1. Authorize the Administrative Services Director to transfer $133,292 from the Wastewater Fund to the Public Works Department, Wastewater Division Capital Outlay Fund for the Atascadero Creek Sanitary. Sewer Inverted Siphon Replacement project; and, 2. Authorize the City Manager to execute a contract with MGE Underground for $268,706 to construct the Atascadero Creek — Sanitary Sewer Inverted Siphon; and, 3. Authorize the City Manager to execute a change order for $26,871 to expand the existing contract with Cannon Associates for engineering support services for the Atascadero Creek— Sanitary Sewer Inverted Siphon Replacement project. DISCUSSION: City Council was advised last June that the sanitary sewer (SS) inverted siphon that crosses under Atascadero Creek at Lewis Avenue was exposed in the creek and there was a potential for winter storms to damage the siphon. If the Siphon were to break, a sewage spill could occur in the creek. At that time City Council authorized the Administrative Services Director to establish an account for the replacement of this pipeline and authorized the City Manager to execute a contract with Cannon Associates for engineering support services. Cannon Associates completed the pipeline replacement design and the City advertised for construction bids. Two bids were received. MGE Underground was the lowest bidder. This firm has the required bonding, experience and licenses to complete the work. The work will begin in early June and be complete by October 15th. All work on the school side of Atascadero Creek will occur when school is out of for summer break. 33 ITEM NUMBER: A-5 DATE: 05/10/05 The contract with Cannon Associates is proposed to be expanded to include construction engineering support including the generation of record drawings. FISCAL IMPACT: PROJECT EXPENDITURES P, S &E $54,000.00 Construction $268,710.00 Contingencies @ 20% $59,120.00 Construction Engineering (Inspection, Contract Administration, Survey, Soils Testing) $26,870.00 TOTAL PROJECT EXPENDITURES $408,700.00 PROJECT REVENUES Wastewater Fund (previously allocated). $275,400.00 Wastewater Fund $133,300.00 - TOTAL PROJECT REVENUES $408,700.00 34 ITEM NUMBER: B-1 ..M""° ° 'l DATE: 05/10/05 i9-M 1979 Atascadero City Council Staff Report- Community Development Department Planned Development 15 Text Amendment Zone Change 2005-0096 (City of Atascadero) RECOMMENDATION: Planning Commission Recommends: Council introduce for first reading, by title only, draft Ordinance A approving Zone Text Change 2005-0096 based on findings. REPORT-IN-BRIEF:. The proposed Zone Change consists of a Text Amendment to prohibit lots created by Tract 2317 that border Separado Avenue ingress and egress on Separado Avenue (with the exception of lot#30 and lot#10). DISCUSSION: Situation and Facts: 1. Applicant: City of Atascadero 2. General Plan Designation: Single Family Residential X (SFR-X) 3. Zoning District: Residential Single Family - X (RSF-X)/ PD-15 4. Environmental Status: In substantial conformance with Certified Mitigated Negative Declaration #99029. Background On January 25, 2005, staff received direction from City Council to initiate a text amendment to the Planned Development #15 (PD-15) Overlay Zone. The request stems from discussion over appealed Tree Removal Permit #2004-054 that included access from Seperado Avenue for a new single family residence in place of the recorded flag lot from Traffic Way (Attachment 1). The City Council upheld the tree removal request allowing 35 ITEM NUMBER: B-1 DATE: 05/10/05 access from Seperado Avenue, subject to conditions requiring improvements to Seperado Avenue. Upon approval of the tree removal request, City Council requested staff bring forward an amendment to the PD-15 Overlay Zone that would prohibit any additional lots from obtaining access off of Seperado Avenue. On March 1, 2005, the Planning Commission held a public hearing for the proposed zoning code amendment and recommended that the City Council approve the proposed zone text amendment. ANALYSIS: According to the Atascadero Municipal Code 7-12.102 Definitions, a driveway is defined as follows: (i) "Driveway"means that point of vehicular ingress or egress to private property where it meets the prescribed or legal public right-of-way and shall include, but not be limited to, that portion of the right-of-way between the private property line and curb, or between the private property line and the right-of-way pavement if no curb exists. The Text Amendment to PD-15 will prohibit lots in Tract 2317 that border Seperado Avenue from taking driveway access onto Seperado Avenue with the exception of Lot #30, APN#049-033=010, and Lot #10, APN#049-033-049 (Attachment 1). All other lots created by Tract 2317/PD-15 will provide driveway access from their respective frontage roads. The exception applied to lot 10 and 30 will be limited to a single driveway for the use of the, primary residence. Secondary driveways such as those serving a workshop or other accessory use will not be permitted. Proposed PD-15 Text Revision The proposed text amendment will revise PD-15 as follows: 9-3.660 Establishment of Planned Development Overlay Zone No. 15: (PD1 5). Planned Development Overlay Zone No. 15 is established as shown on the official zoning map (Section 9-1.102). All development within the district shall be in conformance with the development standards and established herein: (a) Purpose. The purpose of the district is to allow the creative clustering of residential parcels to preserve sensitive environmental features and provide common open space by allowing lot size smaller than the underlying zone's minimum. (b) Development Standards. (1) The maximum density shall not exceed two (2) dwelling units for each gross acre of land. Individual lot sizes may be smaller provided the overall project density conforms to the specified maximum density. (2) Individual lot sizes shall be established in conjunction with a Tentative Tract Map and shall not be required to comply with the minimum lot size criteria for the 36 ITEM NUMBER: B-1 DATE: 05110/05 Residential Single-Family one-half (1/2) Acre Minimum District (RSF-X), provided the overall density conforms to the specified maximum density. (3) City sewer service and water service from the Atascadero Mutual Water Company shall be provided to all residential lots. (4) In no case shall a residential lot size be less than one-quarter ('/a) acre, nor exceed a three-to-one (3:1) depth-to-width ratio. (5) A master plan of development shall be approved in conjunction with any Tentative Tract Map application. All subdivision improvements and subsequent development shall be consistent with the master plan of development. The master plan of development shall contain the following: (i) A site plan indicating land use, common open space, circulation, lot sizes, slopes, native trees and common landscape features; (ii) A statistical summary of the projects land uses and densities; (iii) A statement of project features that will provide a public benefit; (iv) Any special development standards that will be required of future development; (v) Individual building plans and elevations are not required. (6) Access. No lot shall take access from Seperado Avenue with exception to Lot 10 and Lot 30 to serve the primary residence. Secondary driveways on Lot 10 and 30 are prohibited. Findings 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 amendment: 1. The zone change is consistent with General Plan policies and all other applicable ordinances and policies of the City. 2. Amendment of the zoning ordinance will provide for the orderly and efficient use of lands where such development standards are applicable. 3. The zone change will not, in itself, result in significant environmental impacts. Environmental Determination The Text Amendment, as proposed, is in substantial conformance with the original Mitigated Negative Declaration approved for Planned Development #15 (Attachment 3). With the exception of Lot #30 and #10, all lots created by Tract 2317 will access their site from the alternate respective street frontage (Attachment 2). Conclusion The proposed text amendment will prohibit driveway access within Tract 2317 to ingress and egress from Seperado Avenue, in conformance with the proposed deve.loprnent standard. 37 ITEM NUMBER: B - 1 DATE: 05/10/05 FISCAL IMPACT: The proposed zone text amendment will be revenue neutral to the City. ALTERNATIVES: 1 . The City Council may make modifications to the proposed zoning text. 2. The City Council may determine that more information is needed on some aspect of the amendment and may refer the item back to staff to develop the additional information. The Council should clearly state the type of information that is required and move to continue the item to a future date. 3. The Council may deny the proposed amendment. ATTACHMENTS: Attachment 1: Tract 2317 - Lot 10 and 30 Attachment 2: Vicinity Map Attachment 3: Mitigated Negative Declaration #99029 Attachment 4: Draft Ordinance A 38 ITEM NUMBER: B- 1 DATE: 05/10905 Attachment 1: Tract 2317-Lot 10 and 30 K _ `\ I — y -7 _sl,y^ . - /y i \ { am - O, O Figure 1: PD-15 Site Plan Lot 10 Q / ff3 /e r � =-` "!.�''y /RwAC ����L//d:� �l_ ,�.,• $pftR a a ,. F" ��` I _ '-'"r+m���m• 1v ff e� LO�c40 y ,� _per' /a •Fd� A r,er yam. r`�.av�°/ e „ LOT 28 '°'.�„°°'' u•*•. 8 k I"'i l ZZ `e; "'w,•� `"" '"'=*.a` \ �` \M� LOT 39 �� '`� � �rev"2"tpi fMJ �/! 60` � "6A" �W.+tb■ NOER N �TaVT v `�\ / ` \ LOT"25 0 2 LOT LOT 3127,1W V - �.: W / LOT 26 y t.l{AC a' �RY-m.rowt i LOT 30 LOT 32 LOT 33 LOT 34 1 I— i_ Figure 2: PD-15 Tract Map SEPERADO AMNU_ tSeperado Avenue Lot 30 39 ITEM NUMBER: B - 1 DATE: 05/10/05 Attachment 2: Vicinity ,t Lot#10, APN#049-033-010 w Lot #30, APN#049-033-049 PD-15/Tract 2317 that border Seperado Avenue Lots permitted to take driveway ingress/egress on Seperado Avenue II, 40 Attachment 3: Mitigated Negative Declaration#99029 and Initial Study (See following) 41 I91�19 I 791 9 CITY OF RTASCADERO a� �, MITIGATED NEGATIVE DECLARATION #99029 6500 Palma Avenue Atascadero,CA 93422 805/461-5035 APPLICANT: Mildred Shores PO Boz 216 Atascadero, CA 93422 466-9839 PROJECT TITLE: 3900 TRAFFIC WAY(APN 49-031-003)RESIDENTIAL CLUSTER SUBDIVISION(GENERAL PLAN AMENDMENT 98002, ZONE CHANGE 98004, TENTATIVE TRACT MAP 98013) PROJECT LOCATION: 3900 Traffic Way,Atascadero, CA 93422 APN 049-031-003 PROJECT DESCRIPTION: The proposed project consists of the following elements(I) General Plan Amendment 98002 to change the land use designation of approximately 39.91 acres from Single Family Suburban to 20.3±acres High Density Single Family, 10.0±acres Recreation, 2.7±acres Industrial and 6.91 acres streets and the extension of the Urban Service Line to provide sewer service to the project area, (2)Zone Change 98004 to change the zoning from RS(Residential Suburban)to RSF X(Residential Single-Family 1/2-acre minimum with sewer), L (Recreation), and I(Industrial), consistent with the General Plan Amendment with a Planned Development Overlay District, and(3) a 43-lot tentative tract map with a net residential density of 38 dwelling units. The project site is a sloping cattle pasture with scattered stands of mature native oak trees and a distinct spring area surrounded by riparian vegetation. FINDINGS: 1. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project. 2. The project will not achieve short-term to the disadvantage of long-term environmentalgoals. 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 99029(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. SUMMARY OF MITIGATION MEASURES: The following mitigation measures will be incorporated into the project's conditions of approval to insure each mitigation is implemented and monitored. Page 1 of 2 CITY OF ATASCADERO T PROPOSED MITIGATED NEGATIVE DECLARATION La. All exterior site rights related to industrial uses shall utilize full cutoff,"hooded"lighting fixtures to prevent offsite light spillage and glare. 3.a. The project shall be conditioned to comply with all applicable District regulations pertaining to the control of fugitive dust(PM-10)as contained in section 6.4 of Air Quality Handbook. All site grading and demolition plans notes shall list the applicable regulations. 3.b. Bicycle storage rack shall be provided for all industrial uses and for the future park. Bike racks will be provided in convenient and secure location. 3.c. Large canopy shade trees shall be provided along street frontages and within parking areas to shade paved areas and minimize urban heat build-up. 3.d. An 8-foot wide Class I bicycle and pedestrian pathway shall be provided along the northern side of Traffic Way. 3.e. Minimum 5-foot wide decomposed granite walking pathways shall be provided along the shoulders of local streets and the south side of Traffic Way. 4.a. The area shown as lots 4,5 and 11 of the proposed tentative map will be designated as permanent open space. Deed restrictions will be recorded on these parcels in conjunction with the final map limiting all future use of the property to habitat preserve with limited public access. The entire perimeter of the Riparian Forest and Freshwater Marsh area will be enclosed with a suitable habitat fence prior to construction of subdivision improvements. Lot 3,6, 17 and 18 will b:reconfigured to completely avoid the Freshwater Marsh. !. 4.b. A minimum 20-feet setback shall be maintained for all structures on lots adjoining the Habitat Area. The setback shall be recorded as an easement on the final maps. 4.c. Prior to fencing of the Habitat Area and Final Map,the Department of Fish and Game and Army Corp of Engineers shall be consulted to verify boundaries of the Freshwater Marsh. 4.d. Oak tree#1 and 92 will be mitigated with the planting of 5-gallon Live Oak seedlings within the Habitat Area. The number of seedlings will be consistent with the requirements of the Native Tree Ordinance. 4.e. Oak tree#3 located east of"Davis Court"will be preserved within a street planter island. 4.£ All other oak trees within the.proximity of sibdivision improvements shall be fenced and protected during construction. Tree protection plans will be shown on all improvement plans. 5.a. A Phase II subsurface archaeological testing program shall be conducted prior to an development on the east side of Traffic Way. To the extent possible,the design of the public park should incorporate the preservation of archaeological resources. 5.b. All grading plans shall include the following note: Should any human remains be discovered during construction,thea all site work shall stop immediately and the County Coroner shall be contacted. If the human remains are identified as being Native American,the California Native American Heritage Commission(NAHC)shall be contacted at 916/653.4082. 8.a. A storm water management plan shall be approved by the Regional Water Quality Control Board prior to the issuance of permits for site grading or subdivision improvements. I La. All construction activities on the site shall comply with City Noise Ordinance for hours cf operations. Permitted construction hours will be noted on all construction plans. 1 l.b. All future industrial uses including,but not limited to,assembly,fabrication,vehicle maintenance,use of power tools and other noise generating activities shall occur only within enclosed buildings and away from open doors and windows. indows. Page 2 of 4 - 4 CITY OFATASCADERO � n PROPOSED MIITGATED NEGATIVE DECLARATION 15.a. Traffic calming elements shall be incorporated into the street design for the San Anselmo Avenue extension per the requirement of the City Engineer. These calming measure mayinclude,but are not limited to, corner bow-outs,textured surfacing,median islands and speed humps. 15.b. Common driveway access points with easements shall be provided for all lots fronting Traffic Way. Back up lots to Traffic Way shall have access restriction easements. 15.c. All driveways loading onto Trak Way shall have on site provisions to allow 3-point turns to avoid residents backing into oncoming traffic. PREPARED BY: Warren Frace,Planning Services Manager DATE POSTED: October 8, 1999 PUBLIC REVIEW ENDS: October 29, 1999 DATE ADOPTED: November 9,1999 Page 3 of 4 = 44 : ._ CITY OF ATASCADERO PROPOSED MITIGATED NEGATIVE DECLARATION Figure 1: Location Map City of Atascadero, San Luis Obispo County, CA . Page 4 o 45 , CITY OF ATASCADERO r PROPOSED MITIGATED NEGATIVE DECLARATION Figure 2: Site Plan Page b of 4 5-1i 1979 CITY OF ATASCADERO v INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM 3900 Traffic Way (APN 49-031-003) GENERAL PLAN AMENDMENT 98002, ZONE CHANGE 98004, TENTATIVE TRACT MAP 98013 Environmental Review 99029 1. Proiect Title: 3900 Traffic Way Large Lot Cluster Residential Subdivision (General Plan Amendment 98002, Zone Change 98004, Tentative Tract Map 98013) 2. Lead Agency Name and Address: City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 3. Contact Person and Phone Number. Warren Frace, Planning Services Manager City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 4. Proiect Location: 3900 Traffic Way Atascadero, CA 93422 - (APN 049-031-003) 5. Proiect Sponsor's Name and Address- Mildred Shores PO Box 216 Atascadero, CA 93422 6. General Plan Designation: SSF:.Suburban Single Family 7. Zoning: RS: Residential Suburban 8. Proiect Description: The proposed project consists of the following elements (1) General Plan Amendment 98002 to change the land use designation of approximately.39.9± acres from Single Family Suburban to 20.3±.acres High Density Single Family, 10.0± acres Recreation, 2.7± acres Industrial and 6.9± acres streets and theextension of the Urban Service Line to provide sewer service to the project area, (2) Zone Change 98004 to change the zoning from RS (Residential Suburban) to RSF-X (Residential Single-Family 1/2-acre minimum with sewer), L (Recreation), and I (Industria), consistent with.the General Plan Amendment with a Planned Development Overlay District, and (3) a 43lot tentative tract map with a net residential density of 38 dwelling units. 9. Surroundinq Land Uses and Setting: The site is located within the City's northeast quadrant and bisected by Traffic Way an existing minor arterial street. The site is surrounded by large lot single family residential development on the south and west. The Union Pacific Railroad defines the project's northern boundary with aproposed large lot residential subdivision 07124/05 Page 1 _ GPA 98002.IS-MND.10-9-99.wmtdoc -- . _ •__ _ - : 47 CITY OF ATAS CADERO INTIML STUDY located beyond the railroad. The project site is a sloping cattle pasture with scattered stands Y P 1 P 9 of mature native•oak trees and a distinct spring area surrounded by riparian vegetation. 10. Other public agencies whose approval is required (e.g.,permits,financing approval,or participation agreement) The project has been designed to avoid the wetlands located on the site, consequently permits from the Army Corp of Engineers are not expected to be required. 02124/05 Page 2 GPA98002.IS-MND.149-99.wmf.doc 48 s,� n� CITY OF ATASCADERO IrTITTAL ST'[,IDY ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED Y 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 F] Agriculture Resources 1-1Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils ❑ Hazards&Hazardous ❑ Hydrology/Water Quality ❑ Land Use/Planning Materials ❑ Mineral Resources ❑ Noise ❑ Population/Housing F-1 Public Services F-1 Recreation ❑ Transportation/Traffic ❑ Utilities/Service Systems F-1 Mandatory Findings of Significance On the basis of this initial evaluation: I find that the prcposed 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 orthe 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 effet 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: ❑ 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 all potentially sjnificant 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 earlieiEIR or NEGATIVE DECLARATION, including revisions or mitigation masures that are imposed upon the proposed project. October 7, 1999 Warren Frace - Date Planning Services Manager 02/24105 Page 3 GPA 98002.IS-MND.10.9-99.wmfdaC 49 CITY OF ATASCADERO INTHAL STUDY Y' 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 of€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. F 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 fiom 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 are discussed in Section XVII.at the end of the checklist. 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 sours list should be attached. Other sources used or individuals contacted should be cited in the discussion. 0224/05 Page 4 GPA98002.IS-MND.10-9-99.wmf.doc 50 D r� ' VW ' CITY OF ATASCADER0 INITIAL STUDY Initial Study 99029 Potentially Less Than Less Than No Significant Significant with Significant Impact 3900 Traffic Way Large Lot Cluster Residential Impact Mitigation Impact Subdivision (General Plan Amendment 98002, Zone Incorporation Change 98004, Tentative Tract Map 98013) 1.AESTHETICS--Would the project: a)Have a substantial adverse effect on a scenic vista? VN b)Substantially damage scenic resources,including,but not limited to,trees,rock outcroppings,and historic buildings within a state scenic highway? c)Substantially degrade the existing visual character orEl El M quality of the site and its surroundings? d)Create a new source of substantial light or glare that El M ❑ El would adversely affect day or nighttime views in the area? SOURCES: Project description,Appearance Review Guidelines DISCUSSION: 1 a.-c. The existing site is a sloping cattle pasture with stands of native oak trees and a dense stand of riparian vegetation surrounding a spring. The project will provide approximately 10 acres of natural open space and parkland along Traffic Way that will preserve the spring area. The residential portion of the project .will consist of large lot cluster lots that will preserve the majority of the oak trees on the site. The impact of the project on the aesthetic character and features of the area will be less than significant. l.d. All exterior site lighting will be located within the project boundaries where the likelihood of exterior glare is minimized. The following mitigation measures are proposed to reduce the project's impacts to a level of less than significant. MITIGATION MEASURES 1 a _All exterior site lights related to industrial uses shall utilize'full cut=off,"hooded"lighting fixtures to prevent offsite light spillage and glare. 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(19 97)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 of Statewide Importance(Farmland),as shown on the maps El V\J 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 M ❑ M M Williamson Act contract? 02/24/05 Page rJ GPA 98002.IS-MND.10-9-99mmUdoc 51 - CITY OFATASCADERO INTITAL STUDY Initial Study 99029 Potentially Less Than Less Than No Significant Significantwith Significant Impact 3900 Traffic Way Largs Lot Cluster Residential Impact Mitigation Impact Subdivision (General Plan Amendment 98002, Zone Incorporation Change 98004, Tentative Tract Map 98013) c)Involve other changes in the existing environment which, 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 site has been historically used as cattle pasture,but due to its narrow shape,steep slopes,sensitive habitats and proximity to urban and residential development the site is not considered as valuable farmland. The site is located within the City limits and has been planned and zoned for residential development for years. Conversion of the site to residential and open space uses is will have a less than significant effect. 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 F-1 ❑ substantially to an existing or projected air quality violation? El c)Result in a cumulatively considerable net increase of any F-1 ® F-1 F 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 El ❑ ❑ VIIJ concentrations? e)Create objectionable odors affecting a substantial number of people? El F1 F IN11 SOURCES: Air Pollution Control District(APCD)CEQA Air Quality Handbook,project description DISCUSSION: 3a-b The Air Quality Handbook finds that a residential project of 35 units will produces 10 pounds/day of emissions and may have a significant effect on air quality. The project will result in 38 additional residential dwelling units. The project will generate approximately 380 average dailytrips. The following mitigation measures are proposed to reduce the project's impact to a level of less than significant. Short term construction impacts on air quality will be minimized by requiring the project to comply with District regulations for PM-10. The following mitigation measures are proposed to reduce the project's impacts to a level of less than significant. MITIGATION MEASURES , �. 0224105 Page 6 GPA 98002.IS-MND.10-9-99mmUcc - . 52 __ CITY OFATASCADERO INTTIAL STUDY Initial Stud 99029 Potentially Less Than Less Than No Study Significant Significantwith Significant Impact 3900 Traffic Way LargEi Lot Cluster Residential Impact Mitigation Impact Subdivision (General Plan Amendment 98002, Zone Incorporation Change 98004, Tentative Tract Map 98013) 3.a. The project shall be conditioned to comply with all applicable District regulations pertaining to the control of fugitive dust(PM-10)as contained in section 6.4 of Air Quality Handbook. All site grading and demolition plans notes shall list the applicable regulations. 3.b. Bicycle storage rack shall be provided for all industrial uses and for the future park. Bike racks will be provided in convenient and secure location. 3.c. Large canopy shade trees shall be provided along street frontages and within parking areas to shade paved areas and minimize urban heat build-up. 3.d. An 8-foot wide Class I bicycle and pedestrian pathway shall be provided along the northern side of Traffic Way. 3.e. Minimum 5-foot wide decomposed granite walking pathways shall be provided along the shoulders of local streets and the south side of Traffic Way. 4. BIOLOGICAL RESOURCES--Would the project: a)Have a substantial adverse effect,either directly or 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 El F71 or other sensitive natural community identified in local or L2sl El 1:1 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 wetlands as defined by Section 404 of the Clean Water Act El 1:1 (including,but not limited to,marsh,vernal pool,coastal, 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 El 1:1 ordinance? f)Conflict with the provisions of an adopted HabitatEl El 1:1 LN Conservation Plan,Natural Community Conservation Plan, or other approved local,regional,or state habitat 0224105 Page 7 GPA 980021S-MND.10-9-99_wMtdoe _ f CITY OF ATASCADERO NITTAL STUDY Initial Study 99029 Potentially Less Than Less Than No Significant Significantwith Significant Impact 3900 Traffic Way Large°Lot Cluster Residential Impact Mitigation Impact Subdivision (General Plan Amendment 98002, Zone Incorporation Change 98004, Tentative Tract Map 98013) conservation plan? SOURCES: Project description,Land Use Element EIR,Native Tree Ordinance, September 3, 1999 Biological Resource Constraints Analysis(Morro Group) The following discussion is based primarily on the conclusions of the September 3, 1999 Biological Resource Constraints Analysis(Morro Group). The analysis identified five distinct plant communities occurring on the site: (1)Freshwater Marsh,(2)Riparian Forest,(3)Oak Woodland,(4)Annual Grassland and(5)Ruderal. Refer to Figure 3A and 3B. DISCUSSION: 4a-c. The biologic site analysis determined that a number of Special Status plants and animals could occur within the range of the project site. Refer to Table 1 and 2 of Biological Resource Constraints Analysis. Of those Special Status Species,suitable habitat was identified for the following species:Western Spadefoot Toad,Willow Flycatcher,Yellow-Breasted Chat,and the Yellow Warbler. The habitat of all of these species would occur within the Riparian Forest and Freshwater Marsh areas of the site. The project mitigation measures require the avoidance and protection of the Riparian Forest and Freshwater Marsh which reduce the potential impact to a level of less than significant. 4.e. The site includes numerous stands of Coast Live Oak and Valley Oaks. These trees are protected by the City's Native Tree Ordinance. The project has been designed to minimize the impacts on oak trees to the extent possible. Three oak trees are located within the paved width of a street and will need to be removed as part of subdivision improvements. Other trees that are located along the edges of the street rightof-way or on residential lots will be avoided and protected during construction. Mitigation forall removed trees will consist of on-site replanting consistent with City requirements. The following mitigation measures will reduce this impact to a level of less than significant. MITIGATION MEASURES 4.a. ;The area shown as lots 3,4,5 and 11 of the proposed tentative`map Will;be"designated as permanent open space. Deed restrictions will be recorded on these parcels m conjunction with the final map limiting all future use of the property to habitat preserve with limited public access. The entire perimeter of the - Riparian Forest and Freshwater Marsh area will be enclosed with a suitablehabitat fence prior to construction of subdivision improvements. Lot 4A,17 and 18 will be reconfigured to completely avoid the Freshwater Marsh. 4.b. A minimum 20-feet setback shall be maintained for all structures on lots adjoining the Habitat Area. The setback shall be recorded as an easement on the final maps.' 4.c. Prior to fencing of the Habitat Area and Final Map,the Department of Fish and Game and Army Corp of Engineers shall be consulted to verify boundaries of the Freshwater Marsh. 4.d. Oak tree#I and 92 will be mitigated with the planting of 5-gallon Live Oak seedlings within the Habitat ..Area. The number of seedlings will be consistent with the requirements of the Native Tree Ordinance. , 4.e. Oak tree 93 located east of"Davis Court"will be preserved within a street planter island. 41 All other oak trees within the prokimlty of subdivision nnprovements shall be fenced and protected during construction. Tree_protection plans,will be shown on all improvement plans" 5. CULTURAL RESOURCES--Would the project: 0224105 Page 8 GPA98002.IS-MND.10-9-99.wmtdoc 54 -.- - 1 CITY OF ATASCADERO INITIAL STUDY Initial Stud 99029 Potentially Less Than Less Than No Study Significant Significantwith Significant Impact 3900 Traffic Way Large l-ot Cluster Residential Impact Mitigation Impact Subdivision (General Plan Amendment 98002, Zone Incorporation Change 98004, Tentative Tract Map 98013) a Cause a substantial adverse ch anbe m the significance ficance of a historical resource as defined m 15064.5. El ® ❑ 1:1 b)Cause a substantial adverse change in the significance of ❑ ® ❑ ❑ an archaeological resource pursuant to'15064.5? b P c)Directly or indirectly destroy a unique paleontological1171 F-1 ❑ F-1resource or site or unique geologic feature? d)Disturb any human remains,including those interred ❑ 1:1 ® El of formal cemeteries? SOURCES: Project description,Land Use Element EIR,May 1999 Cultural Resources Inventory of Tentative Tract Map 2317 (PAST) The following discussion is based primarily on the conclusions of the May 1999 Cultural Resources Inventory of, Tentative Tract Map 2317(PAST). The inventory identified four separate archaeological resource sites on the east side of Traffic Way. DISCUSSION: 5a-b. The Cultural Resource Inventory determined that four Chumash archaeological sites exist on the'east side of Traffic Way. This portion of the project is designated primarily as a future City park that would not be improved until a future date. The portions of the site designated for residential development and subdivision improvements were not found to contain any significant archaeological resources. The following mitigation measures will reduce the project's impact to a level of less than significant. 5.d. No specific human burial sites were identified within the project area. However there is a possibility that burial site may exist that could be disturbed during construction. The following mitigation measures will reduce the project's impact to a level of less than significant. MITIGATION MEASURES 5.a. A Phase II subsurface archaeological testing program shall be conducted prior fo lopm an deveent on the east side of Traffic Way. To the extent possible,the design of the public park should incorporatethe preservation of archaeological resources: 5.b All grading plans shall include the following note: .. Should any human remains be discovered during construction,then,all site,work shall stop immediately and the County Coroner shall be contacted. If the human remains are`identified asmbeinDNative American; the California Native American Heritage Commission(NAHC)shall be contacted at'916/653-4082. 6. 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: 02124105 Page 9 GPA 98002.IS-MND.10-9-99mmUcc 55 1r CITY OFATASCADERO INITIAL STUDY Initial Study 99029 Potentially Less Than Less Than No Significant Significant with Significant Impact 3900 Traffic Way Largb Lot Cluster Residential Impact Mitigation Impact Subdivision (General Plan Amendment 98002, Zone Incorporation Change 98004, Tentative Tract Map 98013) i)Rupture of a known earthquake fault, as delineated on EJ the most recent Alquist Priolo Earthquake Fault Zoning- Map oningMap 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? El F iii) Seismic-related ground failure, including F1 F1 liquefaction? iv)Landslides? b)Result in substantial soil erosion or the loss of topsoil? c)Be located on a geologic unit or soil that is unstable,or that-,ould become unstable as a result of the project,and 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 aEl FT V\J of the Uniform Building Code(1994),creating substantial risks to life or property? e)Have soils incapable of adequately supporting theuse of a septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? SOURCES:Project description,site visit,Land Use Element EIR DISCUSSION: 6b-c. Portions of the site designated for residential development have slopes ranging up to 30%. The project consists of relatively large lot that will not be graded as part of the subdivision and are intended for future custom housing development. Issues related to soil stability and erosion control are reviewed and q conditioned on a case by case basis at time of building permit for each house. City ordinances adequately address soil stability and erosion control issues. No mitigation required. 7. HAZARDS AND HAZARDOUS MATERIALS-- Would the project: i a)Create a significant hazard to the public or the environment 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 02/24105 Page 10 GPA 98002.IS-1VIND.10-9-99minf.doc 56 _ CITY OF ATASCADERD 1N12TAL STUDY Initial Stud 99029 Potentially Less Than Less Than No Study Significant Significantwith Significant Impact 3900 Traffic Way Largb Lot Cluster Residential Impact Mitigation Impact Subdivision (General Plan Amendment 98002, Zone Incorporation Change 98004, Tentative Tract Map 98013) accident conditions involving the release of hazardous materials into the enviromnent? 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 1771 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 ❑ ❑ ❑ 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, 171 would 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 171 adopted emergency response plan or emergency evacuation plan? h)Expose people or structures to a significant risk of loss, F LJ El 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 DISCUSSION: 7a. The future light industrial uses may involve the u.of storage of significant quantities of hazardous materials. City review of future industrial development will ensure the proper handling and storage of hazardous materials. No mitigation required. 7.h. The site is partially forested but not immediately adjacent to any wildland areas. The site is within the Fire Department's five-minute response area and adjacent to an arterial street,easily accessible by fire trucks. The risk of wildland fire is considered less than significant,no mitigation requird. 8. HYDROLOGY AND WATER QUALITY--Would the project: a)Violate any water quality standards or waste discharge D requirements? b)Substantially deplete groundwater supplies or interfere 0224105 Page 11 GPA 98002.IS-MND.149-99.wmf.doe - CITY OF ATASCADERO INITIAL STUDY initial Study 99029 Potentially Less Than Less Than No Significant Significantwith Significant Impact 3900 Traffic Way Large Lot Cluster Residential Impact Mitigation Impact Subdivision (General Plan Amendment 98002, Zone Incorporation Change 98004, Tentative Tract Map 98013) 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 levelthat 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 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? d Substantiallyalter the existing drainage pattern of the site g C, PF1 El F N 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 F-1 ® El capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f)Otherwise substantially degrade water quality? � El F g)Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Pate Map or other flood hazard delineation map? h)Place within a 100-year flood hazard area structures that El 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? El El 1:1 SOURCES: Project description,Flood Insurance Rate Map 060700 0001 B DISCUSSION: 8a&e. The project will involve significant site grading and paving that has the potential to affect storm water runoff quality and increase the quantity of run off. A stardard City conditionwill be required of the project to demonstrate to the satisfaction of the City Engineer that downstream storm flows will not be adversely affected by the project. The following mitigation measures reduce these impacts to a level of less than significant. 8g. The site is defined as a Zone C outside of the 500-year flood plane. MITIGATION MEASURES 8 a. A storm water management plan`shall be approved by the Regional Water Qual>ty Control Boardpnor fo , ozrzaroe Page 12 GPA 98002.IS-MND.10-9.99.wmCdoc " CITY OF ATASCADER0 INITIAL STUDY Initial Study 99029 Potentially Less Than Less Than No Significant Significantwith Significant Impact 3900 Traffic Way Large Lot Cluster Residential Impact Mitigation Impact Subdivision (General Plan Amendment 98002, Zone Incorporation Change 98004, Tentative Tract Map 98013) the issuance of permits for site grading or subdivision improvements. 9. LAND USE AND PLANNING-Would the project: a)Physically divide an established community? El b)Conflict with any applicable land use plan,policy,or regulation of an agency with jurisdiction over the project El El V11111 (including,but not limited to the general plan,specific plan, 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? SOURCES: Land Use Element,Circulation Element;project description,Land Use Element EIR DISCUSSION: 9b. The proposed project requires the approval of a General Plan Amendment and Zone Change in order to approve the Tract Map. If the General Plan Amendment and Zone Change are not approved the prdect will not occur. No mitigation required. 10. MINERAL RESOURCES --Would the project: a)Result in the loss of availability of a known mineral ❑ ❑ F resource that would be of value to the region and the residents of the state? b)Result in the loss of availability of a locall}-important mineral resource recovery site delineated on a local general plan,specific plan or other land use plan? SOURCES: Project description DISCUSSION: I Oa-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? 0224/05 Page 13 GPA98002.IS-MND.1a9-99.wmtdoc 59 R y CITYOFATASCADERO INITIAL STUDY Initial Study 99029 Potentially Less Than Less Than No Significant Significantwith Significant Impact 3900 Traffic Way Largs Lot Cluster Residential Impact Mitigation Impact Subdivision (General Pian Amendment 98002, Zone Incorporation Change 98004, Tentative Tract Map 98013) b)Exposure of persons to or generation of excessive ❑ F El 17 Around-born:vibration or ground-borne noise levels? c)A substantial permanent increase in ambient noise levels El ® ❑ in the project vicinity above levels existing without the project? d)A substantial temporary or periodic increase in ambient F-1 ❑ ® E noise levels in the project vicinity above levels exstina without the project? e)For a project located within an airport land use plan or, F ❑ El 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, El F-1 El would the project expose people living or working in the project area to excessive noise levels? SOURCES: Project description,Noise Element,Noise Ordinance,Acoustical Design Manual DISCUSSION: 11 c-d. Construction is expected to involve some heavy machinery and use of impact tools that make noise. Construction noise levels on the site are thus expected to be raised temporarily and will be Iimited to normal working hours by Ordinance. Future industrial uses that may be proposed on the site have the potential to increase ambient noise levels if conducted outdoors. The following mitigation measures with reduce the project's potential impact to a level of less than significant. MITIGATION MEASURES 11.a. - All construction activities on the site shall comply with City Noise Ordinance for hours of operations. Permitted construction hours will be noted on all construction plans. I l.b. All futureindustrial uses including,but not limited to,assembly,fabrication,,vehicle maintenance,use of power tools and other noise generating activities shall occur only within enclosed buildings and away from open doors and windows.. 12. POPULATION AND HOUSING--Would the project: a)Induce substantial population growth in an area,either El El INN 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, -EJ f7lEl El necessitatins the construction of replacement housing elsewhere?v 02124/05 Page 14 GPA98002"ND.10-9-99.wmtdoc ' - 60 CITY OFATASCADERO rNITL41 STUDY Initial Study 99029 Potentially Less Than Less Than No Significant Significant with Significant Impact 3900 Traffic Way Large Lot Cluster Residential Impact Mitigation Impact Subdivision (General Plan Amendment 98002, Zone Incorporation Change 98004, Tentative Tract Map 98013) c)Displace substantial numbers of people,necessitating the ❑ El El of replacement housing elsewhere? SOURCES: Project description DISCUSSION: 12a. The project will result in the construction of up to 36 new housing units with an expected population of 100+/-people. The project includes recreational facilities and employment uses that can accommodate this increased population. iiPUBLIC 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: Fire protection? ❑ ❑ IeLj Police protection? ❑ ❑ ® ❑ Schools? ❑ ❑ ® ❑ Parks? ❑ ❑ ® ❑ Other public facilities? ❑ ❑ ® ❑ SOURCES: Project description,Land Use Element EIP, DISCUSSION: Fire and Police: Impact fees are charged new development,to help pay the cost of providing new facilities to serve the expanding city.The current fire and police stations are adequate to accommodate additional commercial/industrial uses in this area. Schools: At buildout,the city's population will overburden the existing school system unless additional classroom space is added. The Atascadero Unified School District charges impact fees to fund additional schools as needed.State law restricts mitigation of school impacts to the levying of these fees and other measures adopted by the school district. Provision of adequat facilities for the population is the responsibility of the school district. Fees will be required through construction permits for each of the new commercial or industrial,building. Other Facilities: The construction of the project is not expected to have significant impacts on any other public 02/24105 Page 15 GPA 98002.IS-MND_1D-9-99.wmtdoc CITY OF ATASCADERO INITIAL STUDY Initial Study 99029 Potentially Less Than Less Than No Significant Significant with Significant Impact 3900 Traffic Way Larg&Lot Cluster Residential Impact Mitigation Impact Subdivision (General Plan Amendment 98002, Zone Incorporation Chance 98004, Tentative Tract Map 98013) facilities. 14. RECREATION -- a)Would the project increase the use of existing El El neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facilin-would occur or be accelerated? b)Does the project include recreational facilities or require the construction or expansion of recreationalfacilities that might have an adverse physical effect on the environment? SOURCES: Project description,Parks and Recreation Element DISCUSSION: 14a-b. The project will result in a population increase of approximately 100 people. This population increase is not expected to have an adverse impact on existing recreational facilities. The project does include the dedication of 6.4 acres of unimproved parkland that will benefit the entire community. Developmert of the future parkland could result in impacts to traffic and archaeological resources. Preparation of apark master plan and a Phase II archaeological analysis will reduce this impact to a level of less than significant (refer to Mitigation Measure 5a. y 15.TRANSPORTATION/TRAFFIC--Would the project: a)Cause an increase in traffic that is substantial in relation ❑ ❑ ® F 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 El service standard established by the county congestion management agency for designated roads or highways? c)Result in a change in air traffic patterns, including eitherEl El F 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 F1 ® F-1 F1 (e.g.,sharp curves or dangerous intersections)or incompatible uses(e.g.,farm equipment)? e)Result in inadequate emergency access? F-1 F-1 ❑ f)Result in inadequate parking capacity? El EY F N g)Conflict with adopted policies,plans,or programs 02124M5 Page 16 GPAs8002 iS-nwo.10-9-9e.wncc0o 62 CITY OF ATASCADER0 INITIAL STUDY Initial Stud 99029 Potentially Less Than Less Than No Study Significant Significant with Significant Impact 3900 Traffic Way LargEi;Lot Cluster Residential Impact Mitigation Impact Subdivision (General Plan Amendment 98002, Zone Incorporation Change 98004, Tentative Tract Map 98013) supporting alternative transportation(e.g.,bus turnouts, bicycle racks)? SOURCES: Land Use Element,Circulation Element,project description,EIR for the Lakes,Trip Generation DISCUSSION: 15a. The project is expected to generate x-380 average daily trips at buildout. The project will be served by Traffic Way and a collector street extension of San Anselmo Avenue. Traffic Way will be widened and improved with curbs and gutter as part of the project. The San Anselmo extension will be built to collector street standards to accommodate project and through traffic. The proposed circulation system with improvements will be adequate to accommodate the increase traffic resulting from the project. The payment of Capital Facility Fees will address any off site impacts that would result from he project. 1 5d. The project will result in the connection of Del Rio Road and San Anselmo Avenue to Traffic Way. While this connection would be beneficial to City wide circulation it has the potential to encourage high speed traffic through a residential neighborhood. Traffic calming mitigations measures will be added to the project as mitigation measures. Thirteen residential lots are proposed with driveway access directly on to Traffic Way. The project has been designed with shared driveway access points to minimize the number of driveways. The following mitigation measures will reduce the project impacts to a level of less than significant. _ MITIGATION MEASURES 15.a. Traffic calming elements shall be incorporated into the street design for the San Anselmo Avenue extension per the requirement of the City Engineer. -These calming measure may include,but are not limited to,corner bow-outs,textured surfacing,median islands and speed`humps. 15.b. Common driveway access points with easements shall be provided for all lots fronting Traffic Way. :Back- up lots to Traffic Way shall have access restriction easements. 15.c. All driveways loading onto Traffic Way shall have on site provisions to allow 3-point turns to avoid residents backing into oncoming traffic. 16. UTILITIES AND SERVICE SYSTEMS —Would the project: a)Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b)Require or result in the construction of new water or F-1 ❑ Z 11 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 drainage facilities or expansion of existing facilities,the construction of which could cause significant environmental 02124105 Page 17 GPA 98002.ts-MND.ta9-ss.wr,caoc - 63 CITY OF ATASCADERO LNITL4L S=Y Initial Study 99029 Potentially Less Than Less Than No Significant Significant with Significant Impact 3900 Traffic Way Larg6 Lot Cluster Residential Impact Mitigation Impact Subdivision (General Plan Amendment 98002, Zone Incorporation Change 98004, Tentative Tract Map 98013) effects? d)Have sufficient water supplies available to serve the F-1 ❑ j l project from existing entitlements and resources,or are new u or expanded entitlements needed? e)Result in a determination by the wastewater treatment provider 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? f)Be served by a landfill with sufficient permitted capacity F-1 El to accommodate the project's solid waste disposal needs? g)Comply with federal,state,and local statutes and D F-1 17 regulations related to solid waste? SOURCES: Project description,Land Use Element(LUE)EIR, 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 L,UE is estimated at about 8,500 acre-feet per year(AFY).The total available groundwa*wr supply greatly exceeds demand, according to the findings of the Lon&Term Viability of Water study. However,the water company does not currently have the deep wells reeded 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 The project is located outside of the City's Urban Service Line for sewer service. The project will require the extension a sewer main to service the site. The City has adequate capacity to service the project. The project will be responsible for the cost of extending the sewer main to serve the site: 17. MANDATORY FINDINGS OF SIGNIFICANCE-- a)Does the project have the potential to degrade the quality ❑ El 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? 02124/05 Page 18 GPAS8002lsMrlo.10-9.99.wmcdoc - 64 - 1 CTFY OF AT'ASCADERO MTTAE STUDY Initial Study 99029 Potentially Less Than Less Than No Significant Significantwith Significant Impact 3900 Traffic Way LargeLot Cluster Residential Impact Mitigation Impact Subdivision (General Plan Amendment 98002, Zone Incorporation Change 98004, Tentative Tract Map 98013) b)Does the project have impacts that are individually limited,but cumulatively considerable?("Cumulatively ❑ ❑ ❑ 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 fixture projects)? c)Does the project have environmental effects that will cause substantial adverse effects on human beings,either directly or indirectly? ozrzaros Page 19 GPA 98002.IS-MN®.sas-ss.wmr.aoc. 0 ..' CITY OF ATASCADERO INITIAL STUDY SUMMARY OF MITIGATION MEASURES: Y' The following mitigation measures will be incorporated into the project's conditions of approval to insure each mitigation is implemented and monitored. l.a. All exterior site lights related to industrial uses shall utilize full cut-off,"hooded"lighting fixtures to prevent offsite light spillage and glare. 3.a. The project shall be conditioned to comply with all applicable District regulations pertaining to the control of fugitive dust(PM-10)as contained in section 6.4 of Air Quality Handbook. All site grading and demolition plans notes shall list the applicable regulations. 3.b. Bicycle storage rack shall be provided for all industrial uses and for the future park. Bike racks will be provided in convenient and secure location. I.C. Large canopy shade trees shall be provided along street frontages and within parking areas to shade paved areas and minimize urban heat build-up. 3.d. An 8-foot wide Class I bicycle and pedestrian pathway shall be provided along the northern side of Traffic Way. 3.e. Minimum 5-foot wide decomposed granite walking pathways shall be provided along the shoulders of local streets and the south side of Traffic Way. 4.a. The area shown as lots 3,4,5 and 11 of the proposed tentative map will be designated as permanent open space. Deed restrictions will be recorded on these parcels in conjunction with the final map limiting all future use of the property to habitat preserve with limited public access. The entire perimeter of the Riparian Forest and Freshwater Marsh area will be enclosed with a suitable habitat fence prior to construction of subdivision improvements. Lot 4A, 17 and 18 will be reconfigured to completely avoid the Freshwater Marsh. 4.b. A minimum 20-feet setback shall be maintained for all structures on lots adjoining the Habitat Area. The setback shall be recorded ascan easement on the final maps.; ; p . 4.c. Frior to fencing of the Habitat Area and Final Map,the Department of Fish and Game and Army Corp of Engineers shall be consulted to verify.boundaries of the Freshwater Marsh. 4.d. Oak tree#1 and#2 will be mitigated with the planting of 5-gallon Live Oak'seedlings within the Habitat Area. The number of seedlings;will`be consistent with the requirements of the Native Tree Ordinance. 4.e. Oak tree#3 located east of"Davis"Court"will be preserved within a street planter island. 41. All other oak trees within the proximity of subdivision improvements shall be fenced and protected during construction. Tree protection'plans will be shown on all improvement plans. 5.a. A Phase II subsurface archaeological testing program shall be.conducted;prior to an development on the east side of Traffic Way. To the extent possible,the design of the public park should incorporate the . preservation of archaeological resources. 5.b. All grading plans shall include the.following note: Should any human remains be discovered during construction,then all site work shall stop immediately and' , � the County Coroner shall be contacted. If the human remains are identified as being Native American,the California Native American'Heritage`Commission(NAHC)shall be contacted at 916/653-4082. 8.a. A storm water management plan shall_be approved by the Regional WaterQuality Control Board prior to the issuance of penmrts for ante graduig or subdivision unprovements 11 a All construction activities on the srte'shall comply with City Norse Ordinance for hours of operations 4:� Permitted construction hours will benotedon all construction plans „__ 02124108 Page 20 GPA 98002.is-MNo.ras-ss.wmf.aoc 66 - - CITY OF ATASCADERO MTIAL STUDY I l.b. All future industrial uses including,but not limited to,assembly,fabrication,vehicle maintenance,use of power tools and other noise generating activities shall occur only within enclosed buildings and away from open doors and Windows. 15.a. Traffic calming elements shall be incorporated into the street design for the San Anselmo Avenue extension per the requirement of the City Engineer. These calming measure may include,but are not limited to, corner bow-outs,textured surfacing,median islands and speed humps. 15.b. Common driveway access points with easements shall be provided for all lots fronting Traffic Way. Back- up lots to Traffic Way shall have access restriction easements. I5.c. All driveways loading onto Traffic Way shall have on site provisions to allow 3-point turns to avoid residents backing into oncoming traffic. SOURCES 1. General Plan Land Use Element, City of Atascadero, 1992 2. Zoning Ordinance,part of Municipal Code, City of Atascadero,as amended through 1999. 3. Project description: includes: Project description and site plans 4. Land Use Element Environmental Impact Report,Crawford,Multari, &Starr,adopted 1992 5. CEQA Handbook,Air Quality Control District,August 1995 6. General Plan Safety Element,City of Atascadero, 1980 7. General Plan Circulation Element,DKS Associates, 1993 8. General Plan Noise Element,Brown-Buntin Associates,adopted 1992 9. Acoustical Design Manual,Brown-Buntin Associates, 1991 10. Noise Ordinance,City of Atascadero, 1992 11. Guide for Developers,Atascadero Fire Department, 1998 draft 12. Flood Insurance Rate Map,community-panel number 060700 0001 B,Federal Emergency Management Agency,January 20, 1982 13. Trip Generation,Institute of Traffic Engineers 14. September 3, 1999 Biological Resource Constraints Analysis(Morro Group) 15. May 1999 Cultural Resources Inventory of Tentative Tract Map 2317(PAST) 02124/05 Page 21 GPA 98002.IS-MND.10-9-99.wMtd0c Attachment 4: Draft Ordinance A DRAFT ORDINANCE A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING ZONE CHANGE 2005-0096 AMENDING ATASCADERO MUNICIPAL CODE SECTION 9-3.660 TO PROHIBIT INGRESS AND EGRESS FOR LOTS WITHIN THE PD-15 OVERLAY ZONE ONTO SEPERADO AVENUE WITH THE EXCEPTION OF LOT #10 AND LOT #30. (City of Atascadero) The City Council hereby finds and declares as follows: WHEREAS, an application has been received from the City of Atascadero (6905 El Camino Real, Suite 6, Atascadero, CA 93422), to consider a project consisting of a zone text change to prohibit ingress and egress for lots within the PD-15 overlay zone onto Separado Avenue with the exception of Lot#10 and Lot#30; and, WHEREAS, the text amendment is in substantial conformance to certified Mitigated Negative Declaration #99029, prepared for the PD-15 zone change, as prepared in accordance with the State and local guidelines for implementation of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Zoning Ordinance to protect the health, safety and welfare of its citizens by applying orderly development of the City; 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, _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, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on March 1, 2005, studied and considered Zone Change 2005-0096, after first studying and considering the certified Mitigated Negative Declaration prepared for the project; and, 68 WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Dearing held on May 10, 2005, studied and considered Zone Change 2005-0096, after first studying and considering the certified 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 Zone Text Change 2005-0096. The City Council finds as follows: 1. The zone change is consistent with General Plan policies and all other applicable ordinances and policies of the City. 2. Amendment of the zoning ordinance will provide for the orderly and efficient use of lands where such development standards are applicable. 3. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 4. The zone change will not, in itself, result in significant environmental impacts. SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on May 10, 2005 resolved to introduce for first reading by title only, an ordinance that would amend the City Zoning code text with the following: 9-3.660 Establishment of Planned Development Overlay Zone No. 15: (PD15). Planned Development Overlay Zone No. 15 is established as shown on the official zoning map (Section 9-1.102). All development within the district shall be in conformance with the development standards and established herein: (a) Purpose. The purpose of the district is to allow the creative clustering of residential parcels to preserve sensitive environmental features and provide common open space by allowing lot size smaller than the underlying zone's minimum. (b) Development Standards. (1) The maximum density shall not exceed two (2) dwelling units for each gross acre of land. Individual lot sizes may be smaller provided the overall project density conforms to the specified maximum density. (2) Individual lot sizes shall be established in conjunction with a Tentative Tract Map and shall not be required to comply with the minimum lot size criteria for the Residential Single-Family one-half (1/2) Acre Minimum District (RSF-X), provided the overall density conforms to the specified maximum density. (3) City sewer service and water service from the Atascadero Mutual Water Company shall be provided to all residential lots. (4) In no case shall a residential lot size be less than one-quarter (1/4) acre, nor exceed a three-to-one (3:1) depth-to-width ratio. (5) A master plan of development shall be approved in conjunction with any Tentative Tract Map application. All subdivision improvements and subsequent 69 development shall be consistent with the master plan of development. The master plan of development shall contain the following: (i) A site plan indicating land use, common open space, circulation, lot sizes, slopes, native trees and common landscape features; (ii) A statistical summary of the projects land uses and densities; (iii) A statement of project features that will provide a public benefit; (iv) Any special development standards that will be required of future development; (v) Individual building plans and elevations are not required. (6) Access. No lot shall take access from Seperado Avenue with exception to Lot 10 and Lot 30 to serve the primary residence Secondary driveways on Lot 10 and 30 are prohibited. 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. 70 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 By: Wendy Scalise, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Patrick Enright, City Attorney 71 ITEM NUMBER: C- 1 DATE: 05/10/05 s!tltit t,n 1818,j , 1 9 Atascadero City Council Staff Report - Public Works Department Sunken Gardens Improvement Project RECOMMENDATIONS: Parks and Recreation Commission recommends: Council approve the Sunken Gardens Improvement Project, deleting the diagonal walking paths and moving the Wood Nymphs from the Sunken Gardens until they can be repaired, or build a shelter to protect them from the elements. City Staff recommends: Council approve final design elements for the Sunken Gardens Improvement Pp 9 P Project and approve staff calling for bids. (This approval would include the diagonal paths and provide for on site protection of the Wood Nymphs during construction). DISCUSSION: Background: Revitalization of Downtown has been a primary focus of the City Council for many years. Improvement and enhancement of the public properties and spaces in the Downtown are one of the initiatives designed to encourage people to visit, and retail businesses to locate in the Downtown. Many downtowns across the State and even the Country have benefited from developing a downtown park or square. In neighboring Paso Robles, the downtown park has become a focal point for gatherings, and the downtown has flourished around the facility. The Sunken Gardens is a significant asset to Downtown and the improvements to the Park have been widely discussed in the community in the past several years. Staff has developed a proposed improvement project with sidewalks, bulb outs, a crosswalk, planters, benches, electrical outlets diagonal walking paths, and an upgraded lighting and irrigation system (see Attachment). The project will incorporate elements of the approved Atascadero Streetscape Plan to provide continuity with existing downtown improvements. This project will improve the appearance of the facility, make it more accessible, and is a key component of the downtown revitalization plan. 72 ITEM NUMBER: C-1 DATE: 05/10/05 The Project has been reviewed and discussed at public workshops, the Redevelopment Vision Committee's downtown walking tour, two Parks & Recreation Commission Meetings and two City Council Meetings. Two design elements have changed since the Council last viewed the project. 1. The crosswalk across EI Camino Real is proposed to be moved to the north side of East Mall from the center of Sunken Gardens. One of the driveways belonging to Shores Service Station, on EI Camino Real, will be closed to facilitate this. The owner of the property has agreed to the driveway closure. This crosswalk will have lights at street level, across the street, to warn motorists of pedestrians. 2. The installation of pavers on Palma Ave is not recommended at this time, as the street will be used for a construction staging area during the reconstruction of Administration Building. The pavers can be added when the Administration Building is reconstructed. Analysis: Generally, the proposed improvements to the Park have been supported in the community meetings. The primary issues have been: ➢ Should the Sunken Gardens be unchanged ➢ Should the diagonal walks be included in the improvement project A Where should the El Camino Real crosswalk be installed ➢ What will happen with the Wood Nymphs The Park is a major focal point for the City, especially given its proximity to the Veteran's Memorial Building. The Park serves as "home base" for most major community events. The improvements would provide for disabled access to the Park and provide greater opportunities for passive enjoyment of the Park and its features, including the fountain and the Wood Nymphs.., Although the Parks & Recreation Commission recommended against the diagonal walking paths, Staff supports them as an important feature to creating a "pedestrian oriented" Downtown. The paths encourage people to walk through the park or use it as a short cut when getting around Downtown. Given Atascadero's weather, the turf is often wet, discouraging walking. The paths were supported during the public outreach of the Downtown Revitalization Vision Strategy and are included as part of the plan. There are positive aspects of installing diagonal walking paths in that they are traditionally found in downtown parks -and squares and allow pedestrians multiple opportunities to stroll through and enjoy the park. The paths will also provide opportunities for additional seating areas, access to the Wood Nymphs statue, and work well for special events like a farmers market. The paths are designed to maintain the large grass open areas. The paths will increase maintenance costs and impact the irrigation efficiencies. Staff has designed the crosswalk to work with the property across the street and the pedestrian tunnel under High 101. The crosswalk will include improvements to assist in crossing the street. 73 ITEM NUMBER: C- 1 DATE: 05/10/05 Although the Parks & Recreation Commission recommended moving the Wood Nymphs, staff is recommending they remain in the Sunken Gardens and protected during construction. Moving them is the least risky plan to prevent construction damage. However, the move will be expensive and the funds to store and rehabilitate the statue have not been assembled. Staff is concerned that if the statue is relocated before the funds are available, there are no guarantees that the statues will be returned to the Sunken Gardens, and an important feature will be lost. Conclusion: Staff will complete the construction documents and specifications with the direction receive from Council. Listed below is the proposed schedule for the project. Sunken Gardens Proiect Schedule Call for Bids Monday, May 16 Open Bids Monday, June 20 Award Tuesday, June 28 Start Construction Tuesday, July 5 Construction Days 55 working days Project Complete Tuesday, September 20 FISCAL IMPACT: The total estimated cost of design, construction, contingencies, inspection, testing and project administration is $1,238,940.00 (See Attachment "B")a The proposed funding source is Community Redevelopment Agency Bond Proceeds and will be requested for appropriation during the June 28th Community Redevelopment Agency Meeting. ATTACHMENTS: Attachment "A"- Sunken Gardens Project Plan Attachment "B" — Construction Cost Estimate 74 �J - /W z N � {y r W U LLJ' z LLJ V VI k m N T; r � xfi4 �v: - � o y tr* H rage t of L CITY OF ATASCADERO: BID SUMMARY SHEET Project: Sunken Gardens May 1,2005 ENGINEER'S BID ITEM&DESCRIPTION ESTIMATE UNIT TOTAL Na. ITEM UNIT QUAN PRICE PRICE Traffic Control Is 1 $10,000.00 $10,000.00 Water Pollution Control Program Is 1 $5,000.00 $5,000.00 Tree Protection Is 1 $4,000.00 $4,000.00 Asphalt Concrete(Type A)Medium 1/T'Max. to 285 $75.00 $21,375.00 Cold Plane 0.38'AC sf 10400 $0.75 $7,800.00 Digouts 4" sf 1040 $5.00 $5,200.00 Remove Existing Curb and Gutter ft 950 $5.00 $4,750.00 Remove Existing Sidewalk and Handicap Ramps sf 2975 $4.00 $11,900.00 Remove&Relocate Exist.Street Sign ea 3 $250.00 $750.00 Relocate Exist.PG&E Lamp Post ea 2 $1,000.00 $2,000.00 Adjust Exist Signal Post to Grade ea 1 $2,000.00 $2,000.00 Adjust Caltrans Signal Box ea 4 $375.00 $1,500.00 Adjust Electrical Splice Bos ea 4 $375.00 $1,500.00 Adjust Gas Covers to Finish Grade ea 1 $375.00 $375.00 Adjust Water Meter Boxes ea 2 $400.00 $800.00 Adjust PG&E Vault to Grade ea 1 $2,000.00 $2,000.00 Replace Traffic Loops ea 2 $45.00 $90.00 install Drinking Fountain ea 2 $1,300.00 $2,600.00 Install Event Sign ea 1 $650.00 $650.00 Install Detectable Warning Concrete Pavers sf 100 $30.00 $3,000.00 Structural Fill to 50 $30.00 $1,500.00 Install Mow Strip If 690 $10.00 $6,900.00 Install Handicap Ramp ea 4 $3,000.00 1 $12,000.00 Install Concrete Curb&Gutter If 1010 $25.00 $25,250.00 Install Concrete Walk sf 15460 $10.00 $154,600.00 Install Concrete Pavers sf 12,180 $20.00 $243,600.00 Construct 8M 0'building ea 1 $25,000.00 $25,000.00 Ins 14" ewer Line If 215 $13.00 $2,795.00 Grading sf 3,000.00 $1.00 $3,000.00 Relocate Detector Well ea 1 $300.00 $300.00 Remove Existing Street Sign ea 1 $100.00 $100.00 Relocate Double Detector Check ea 1 $2,000.00 $2;000,00 Relocate Irrigation Controller ea 1 $2,000.00 $2,000.00 Install Storm Drain Inlet ea 2- $2,500.00 $5,000.00 Remove Existing Storm Drain Inlet ea 2 $500.00 $1,000.00 Install 12"HDPE Storm Drain Pipe If 20 $50.00 $1,000.00 Remove Irrigation Control Valve Boxes ea 5 $20.00 $100.00 Install"No Right Turn"Sign ea 1 $500.00 $500.00 Install"One-Way'Signs ea 2 $500.00 $1,000.00 Remove and Relocate"Doggie Walk Bag"Stations ea 2 $200.00 $400.00 Remove Existing Concrete Pad(3'x 8') Is 1 $500.00 $500.00 Remove Existing Slab around Fountain Is 1 $5,000.00 $5,000.00 Construct Pump Vault ea 1 $3,000.00 $3,000.00 Provide and Install Fountain Pump ea 1 $2,000.00 $2,000.00 Remove Existing Christmas Light Foundations ea 4 $500.00 $2,000.00 Remove and Relocate Signal and Foundation ea 1 $10,000.00 $10,000.00 $0.00 Subtotal $597,835.00 Striping Parking Striping ff 1000 $0.50 $500.00 ONLY Legend(Thermo) ea 1 $100.00 $100.00 Tum Arrow Legend(Thermo)Type IV ea 1 $80.00 $80.00 $0.00 $0.00 Subtotal $680.00 Electrical and Lighting ITrenching(Labor&Equipment) ` ft 2025 $3.50 $7,087.50 install Conduit(Labor) ft 2025 $1.20 $2,430.00 Pull Wire(Labor) ft 52000 $0.08 $4,160.00 Rough Finish(Labor) Is 1 $960.00 $960.00 Trim Finish(Labor) Is 1 $4,800.00 $4,800.00 Install 10 gauge(Material) ft 45000 $0.13 $5,850.00 Install 1 1/2"PVC(Material) ft 7000 $0.36 $2,520.00 Install Misc.Fittings(Material) Is 1 $4,500.00 $4,500.00 Install Post Lighting w/Base ea 18 $3,000.00 $54,000.00 Install Lighted Crosswalk ea 1 $50,000.00 $50,000.00 Subtotal $136,307.50 rage z-or CITY OF ATASCADERO: BID SUMMARY SHEET Project: Sunken Gardens May 1,2005 Planting and Irrigation ea Urn Plants ea 14 $500.00 $7,000.00 Swing Joint Assy. ea 120 $5.00 $600.00 Quick Coupler,Rainbird ea 5 $10.00 $50.00 Irrigation Valves,Irritrot 100 series 2" ea 10 $10.00 $100.00 Sprinklers, Hunter ea 120 $10.00 $1,200.00 Mainline 3",2"and 1"PVC Pipe&Trench If 3000' $5.00 $15,000.00 Planter Areas sf 900 $3.75 $3,375.00 Shut Off Valve,Ball pvc 2" ea 10 $10.00 $100.00 Lawn Reseeding sf 30000 $1.00 $30,000.00 Top Soil yd 100 $50.00 $5,000.00 Subtotal $62,425.00 Landscape Construction Install Concrete Um ea 12 $400.00 $4,800.00 Fountain Repair ea 1 $30,000.00 $30,000.00 Trash Receptacle ea 10 $100.00 $1,000.00 Subtotal $35,800.00 CONSTRUCTION TOTAL11 $825,960.00 Contingency 20% $165,192.00 Design 10% $82,596.00 Inspection/Testing 10% $82,596.00 Construction Management 10% $82,596.00 GRAND TOTAL: $1,238,940.00 a t