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HomeMy WebLinkAboutMinutes 050807 Approved June 26, 2007 Iola ■ � CITY OF A TASCADERO CITY COUNCIL MINUTES Tuesday, May 8, 2007, 7:00 P.M. REGULAR SESSION: 7:00 P.M. Mayor Luna called the meeting to order at 7:00 p.m. and Mayor Pro Tem Brennler led the Pledge of Allegiance. ROLL CALL: Present: Council Members Beraud, Clay, O'Malley, Brennler, and Mayor Luna Absent: None Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson, Deputy City Clerk Grace Pucci Staff Present: City Manager Wade McKinney, Community Development Director Warren Frace, Public Works Director Steve Kahn, Police Chief John Couch, Fire Chief Kurt Stone, Associate Planner Kelly Gleason, Assistant Planner Callie Taylor, and City Attorney Patrick Enright. COMMUNITY FORUM: Pastor Rick Comstock, Atascadero Ministerial Association, led those present in prayer. Mike Jackson and Ray Buban presented Ellen Beraud and Mike Brennler with a notice to circulate a recall petition. Mr. Buban explained the reasons for this action and Mr. Jackson read the petition. Mayor Luna read the rules for decorum to those present. CC Minutes 05/08/07 Page 1 of 16 Approved June 26, 2007 Mark Phillips spoke about the draft ordinance for campaign finance reform and three elements that had been left out of the staff report, about rules for circulation of petitions, and the recall. Bill Bright expressed concern regarding the bridge at Llano and asked that the city improve the dirt road for safe access during an emergency. Joanne Main, Executive Director Atascadero Chamber of Commerce announced the following: Friday, May 11th, 11:30 a.m. the Women in Business are hosting a Business Fair at the Lake Pavilion, Tuesday, May 15th, Empower Hour at the Carlton, and May 18th Chamber Membership Mixer at Golden One Credit Union. Ms. Main expressed her concerns regarding the campaign finance reform issue. Lee Perkins said the list of problems stated as the reason for the recall are long standing while Council Members Brennler and Beraud have been on the Council for less than five months. David Broadwater stated that the issue of campaign contributions was a citizen-initiated idea and the three elements raised by the citizens, but not in the staff report should be included. He also asked about public notification for a strategic planning meeting he had heard was held last Saturday. John Shadak spoke about tonight's agenda, and the need for weed abatement at the Printery. Tino Santos stated he walks a lot and noticed several businesses that have closed or moved to other towns, commented that there is a perception that Atascadero is not business friendly, and spoke in favor of a citywide vote for Wal Mart. Ann Ketcherside expressed concern that there is not enough time to safely cross the street at intersections with stop lights, spoke against stealing people's property, and expressed her shock over the recall. (No name given) spoke about campaign finance reform and his concerns that it is aimed at attacking the business community who have built and continue to support Atascadero, and reviewed the many contributions made by his own organization. Steve LaSalle stated he was on the Veterans Memorial Art Committee and reviewed the process that led to the eventual acceptance of the Memorial. Mayor Luna closed the Community Forum period. Council Member Clay commented that he was against the campaign finance document as written as he believed it did not work for the community. CC Minutes 05/08/07 Page 2 of 16 Approved June 26, 2007 Mayor Pro Tem Brennler commented that he was saddened by the cheering related to the recall notice, but stated he respects the process and obeys the law. Regarding the comment made that he is responsible for choking the town in relation to commercial development, he stated he has approved every project of a commercial nature that has come before him so far. He believes he can make a difference and respects differences of opinion. City Clerk Marcia McClure Torgerson stated that the Council's team building session last Saturday had been publicly noticed. APPROVAL OF AGENDA: Mayor Luna suggested amending the agenda to continue Items #C-1 and 2. MOTION: By Council Member Clay and seconded by Council Member O'Malley to approve the agenda as amended. Motion passed 5:0 by a roll-call vote. COUNCIL ANNOUNCEMENTS AND REPORTS: Council Member O'Malley announced that there will be a benefit for Joe Benson this Saturday, from 10:00 a.m. to 3:00 p.m. in the Paso Robles City Park. Donations for Mr. Benson can also be made at any Heritage Oaks Bank. Mayor Pro Tem Brennler announced Children's Day in the Park on Saturday, May 19th 11:00 a.m. to 3:00 p.m. at the Lake Park. He also asked staff to look into the attractive nuisance at EI Camino and Del Rio as he is concerned that a child may go in and hurt themselves. Mayor Pro Tem Brennler thanked Cal Trans for their attention to the cleaning of Hwy 101. Council Member Beraud commented that the Council spent extra time on May 5th doing a team building workshop, and made good progress in learning how to handle themselves and understand each others point of view. A. CONSENT CALENDAR: 1. City Council Meeting Minutes — April 10, 2007 ■ City Clerk Recommendation: Council approve the City Council Meeting Minutes of April 10, 2007. [City Clerk] CC Minutes 05/08/07 Page 3 of 16 Approved June 26, 2007 2. Weed Abatement— Contractor Award (City Bid No. 2007-003) ■ Fiscal Impact: None. Funds are budgeted, annually, to cover the costs of the weed abatement program, and are recovered through assessments on property tax bills of those parcels abated. ■ Recommendation: Council authorize the City Manager to execute the contract with Jack R. Bridwell for weed abatement. [Fire] 3. Colony Park Frontage Improvements Award (City Bid No. 2007-002) ■ Description: The proposed project will include curb, gutter, sidewalks and street lights along Traffic Way, from Olmeda Avenue to the eastern boundary of Colony Park. ■ Fiscal Impact: Total estimated expenditure of $212,500.00. ■ Recommendation: Council authorize the City Manager to execute a contract with Union Asphalt in the amount of $ 161,437.30 for construction of the frontage improvements for the new Colony Park Community Center. [Public Works] 4. Final Map 2006-0143 (Tract 2814) 5900 Madera Lane (TTM 2005-0079) Eddin s ■ Description: Creates four airspace units on a 0.5 acre common lot. ■ Fiscal Impact: None. ■ Recommendations: Council: 1. Adopt and approve Final Map 2006-0143 (Tract 2814); and 2. Authorize and direct City Clerk to endorse the City Council's approval on the Final Map. [Public Works] 5. Parking & Business Improvement Area (PBIA) Assessment ■ Description: The annual PBIA assessment is imposed on downtown businesses for improvements in the downtown. ■ Fiscal Impact: The City receives approximately $10,500 annually from the Downtown Parking and Business Improvement Area assessments. ■ Recommendation: Council adopt the Draft Resolution of Intention, declaring intent to levy annual Downtown Parking & Business Improvement Area assessment, and set a public hearing for June 12, 2007. [City Manager] MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Brennler to approve Items #A-1, 2, 3, 4, and 5. Motion passed 5:0 by a roll-call vote. (Item #A-2 Contract No. 2007-009, Item #A-3 Contract No. 2007-010, Item #A-5 Resolution No. 2007-020) CC Minutes 05/08/07 Page 4 of 16 Approved June 26, 2007 B. PUBLIC HEARINGS: 1. General Plan Text Amendment and Title 9 Planning and Zoning Text Amendment — GPA 2006-0017 / ZCH 2006-0125 / PLN 2006-1139 (City of Atascadero) ■ Description: The Council will consider the adoption of an Ordinance to establish permanent creek setbacks. ■ Recommendations: Planning Commission Recommends on a 3-3 vote: 1. Council adopt Draft Resolution A denying General Plan Amendment 2006-0017 and the associated environmental document and Zoning Text Amendment. If Council chooses to adopt staff's proposed Creek Ordinance and General Plan Amendment the following are provided: 2. Draft Resolution A certifying Proposed Negative Declaration 2006- 0039; and, 3. Draft Resolution B to approve General Plan Amendment 2006-0017 (PLN 2006-1139) based on findings; and, 4. Draft Ordinance A to introduce an ordinance for first reading, by title only, approving Zone Change 2006-0125 (PLN 2006-1139) based on findings. [Community Development] Community Development Director Warren Frace gave the staff report and with City Attorney Patrick Enright, answered questions of Council. There was Council consensus to remove "significant drainage courses" from the proposed ordinance. Mayor Luna recessed the hearing at 8:40 p.m. Mayor Luna called the meeting back to order at 8:59 p.m. Mayor Luna read a section from the Municipal Code that provides for spokespersons for groups or persons and stated that those people would speak first. PUBLIC COMMENT DJ Funk, speaking for the Upper Salinas Las Tablas Resource Conservation District, gave a PowerPoint presentation on the importance of buffers for riparian areas and creeks. Joanne Main, speaking for the Atascadero Chamber of Commerce, expressed support for the 20 foot setback as set forth in the General Plan, had a problem with the "significant drainage course" language, encouraged more monitoring to bring people into compliance, and was against adding additional costs for the homeowner in the form of biologist reports, etc. CC Minutes 05/08/07 Page 5 of 16 Approved June 26, 2007 *4W Shirley Moore, representing several homeowners, explained her situation along the Salinas River and distributed a handout to the Council. (Exhibit A) She hoped that trails would still be allowed and stated her support for a 20 foot setback. John Heatherington, representing the Atascadero Homeowners Association, spoke in favor of the Creek Setback Ordinance and stated that as proposed it does not go far enough. He expressed concern with the loss of riparian habitat and asked that the provision for traditional use permits and all exemptions be removed. Mark Gibbs, representing Government Affairs, agreed with removing "significant drainage area" and stated the Council should not pursue blue line creeks or jurisdictional wetlands as these were not part of the original lawsuit. He spoke in favor of the 20 foot setback in the General Plan stating anything greater would devalue property. Cal Wilvert, representing ECOSLO, urged the Council to adopt the proposed amendments but with some modifications including eliminating the provision for a minor CUP and utilizing a variance for exceptions to the ordinance. Mr. Wilvert gave examples of improvements that could potentially degrade the riparian ecosystem. Tom Jordan, representing the Atascadero BMX Association, explained that they have been trying to create a BMX park on Water Company property for two years, and if this ordinance is passed this project will be gone because it is within 35 feet of a watercourse. Judy Ransom stated she owns property close to Atascadero Lake and spoke in favor of creek setbacks. John Shadak spoke about the significant impacts to property that will be created by this ordinance. He stated there was too much government and not enough personal control, and that the Council doesn't have the right to do something that the public does not want. Lee Perkins spoke in support of the setbacks as outlined in the proposed ordinance and spoke about misstatements made by the realtors' in the recent ad they took out opposing setbacks. Marge Mackay explained she wanted to keep the original 50 foot setbacks along the creeks, and gave a historic perspective on past events that affected the creeks. Don Blaze stated that Atascadero Creek and Salinas River are the only impaired waterways listed but are in reality not threatened. He submitted a report to the Council regarding the water quality of these two waterways (Exhibit B), and spoke against the proposed setbacks. CC Minutes 05/08/07 Page 6 of 16 Approved June 26, 2007 Livia Kellerman asked the Council to approve the ordinance and gave examples of why I"' it is needed. She urged sensitivity to those who have already lost land to erosion. Jim Scrivner stated he was for a setback with some modifications; as written the ordinance would significantly affect the use of his property, and he believes 20 feet is sufficient. Steve Schroeder asked the Council to deny the ordinance as written. He expressed concern with the buffer width, and urged a measurement from the center of the common high water mark be utilized. Joanne Peters stated that her job as a realtor was to disclose to buyers and sellers and give them the information they need. She expressed concern regarding loss of her own property where a blue line creek runs through the center, and urged the Council to give more thought to this issue and not approve the ordinance tonight. Robin Correll commented that setbacks cannot be addressed without a creek preservation and maintenance program. He asked if the city has looked at all the areas in the city that will be affected by this ordinance. John Gallaher asked how many homes are affected, how many miles and acres of property are involved, and stated the Council should have an answer to those questions and others before voting on this issue. Mike Jackson gave a PowerPoint presentation on his concerns, stated that 20 feet is sufficient, and expressed concern with how this will be implemented. He spoke about conflicts within the Council and Planning Commission with ALPS and ANTA. Chuck Cooper, President Atascadero Association of Realtors, stated they are opposed to this ordinance, and that this is a property rights issue. He stated the inclusion of trails was frightening and asked if the Council wanted to see creek trails go in along privately owned property. John Goers stated he was torn on this issue, but feels an ordinance is needed, as there is much growth in Atascadero and the waterways will be impacted. He commented on the importance of a long term view of the community as a whole rather than on that of an individual. Steve Tillman spoke in support of the 35 foot setback and indicated that if an exclusion is needed it can be brought before the Planning Commission. He stated he was disclosed when he bought his property that there would be limitations because of a blue line creek. Mayor Luna recessed the hearing at 10:28 p.m. Mayor Luna called the meeting back to order at 10:38 p.m. CC Minutes 05/08/07 Page 7 of 16 Approved June 26, 2007 Rick Johansson spoke about the Planning Commission meeting where almost everyone who spoke during Public Comment was against the ordinance. He could not then understand why the Commission did not vote as the people wanted, and he hoped the Council would support a 20 foot setback as that is what the majority want. Eric Greening stated he would be satisfied with 35 feet, but that some agencies would not be satisfied with 20 feet. He spoke about the city being in compliance with federal laws, acknowledging the Regional Quality Control Board's recommendations, that this is about protection of people's property, and of not building in saturated alluvium. Marty Brown read from a prepared statement in support of the creek setbacks. (Exhibit C) Lindy Althouse stated she was an environmental biologist and had assisted with planning in the Atascadero area. She commended the city on their efforts to protect and preserve water, wetlands and wildlife, and answered questions of Council. MOTION: By Council Member O'Malley and seconded by Council Member Beraud to go past 11:00 p.m. Motion passed 5:0 by a roll-call vote. Geraldine Brasher Femister stated she supports a least a 35 foot setback. She spoke about flooding, as she lives on Graves Creek, and cited incidents that have affected her. Brad Tont indicated he supports creek preservation and restoration but is against the 35 foot setback, as it is an arbitrary number which would have negative affects on many property owners. Mark Phillips read a letter from Kate Montgomery into the record in support of the 35- foot creek setback. (Exhibit D) Speaking for himself, he stated the need for an ordinance and a default position on what the city would allow for development. He believed in being more protective rather than less, and was concerned with some of the exceptions allowed. Tim McCutcheon encouraged the Council to be open to new ideas and felt this was an overreaching step to limit the rights of property owners in the city. He was concerned that there was no provision to clear growth and open waterways and urged the Council to go on a case by case basis. Sorrel Marks spoke in support of creek setbacks as an inexpensive way to protect water quality and the creek habitat itself. She stated that property rights do not include doing something on your property if it will negatively impact another's property. Devon Sanders, representing his grandmother, expressed concern that the setback ,*tow would cause loss of the wildlife on their property, and would take property from them. CC Minutes 05/08/07 Page 8 of 16 Approved June 26, 2007 He was also concerned that allowing trails would bring people who might start fires and NWW create pollution with their garbage, etc. David Broadwater commented that he wished there had been a more clear description of the problem addressed by this ordinance, and criticized the ad taken out by the Atascadero Board of Realtors, citing the false statements in it. He believes down stream property owners will be protected by this ordinance. Russ Wright spoke about his efforts to preserve the creek on his property, and stated his belief that the Council sitting in 2002 was blackmailed into submission by ECOSLO. He said the settlement involved creeks not blue lines or drainage ways, and was concerned that the city is developing something they were not asked to do. Dorothy Bench stated the creeks must be preserved and protected, but that this solution was divisive and unreasonable. She encouraged mapping the creeks for solid evidence and verifiable facts that the setbacks are needed. Warren Miller questioned if water quality would be an issue if livestock are allowed within the setback, and stated this ordinance would be a taking by placing restrictions on property without compensating the owner. Jolene Horn expressed concern regarding the cost to the homeowner of the studies and CUP fees which would be required with this ordinance. She believes this ordinance has nothing to do with protecting creeks because the city is not making an effort to clean up creeks and improve water flow. Natalie Schafer asked the Council to support the ordinance and believes it does not go far enough. She disagreed that this ordinance will lower property values, and stated she does not support trails on private land. Steve LaSalle indicated that the 35 foot setback is a lessening from the original 50 feet even though there has been more development. He stated the community had lost something by not having a 35 foot setback when the lawsuit was initiated. County Supervisor Jim Patterson, speaking as the former water conservation manager for the Atascadero Mutual Water Company, explained that the river and creeks that run through Atascadero are the source of the city's water supply. He stated the hydrology of the creeks and river is changing dramatically because of the way the land is being developed, and until the city can get a handle on developing sensitively along creeks this is a step in the right direction. Andrew DeVillars stated he was against the ordinance as it would greatly affect his property. He read from the US Constitution and from an original deed of conveyance dated 1915 and signed by E.G. Lewis that established 10 and 25 foot setbacks. CC Minutes 05/08/07 Page 9 of 16 Approved June 26, 2007 Jeff Van den Eikhof explained he was not opposed to a setback, but suggested a few changes including removal of "significant drainage courses", use of the term hydro- morphologist, which is a term he and others had not heard before, and basing the setbacks on the ordinary high water mark rather than the creek reservation line. Nick Miller spoke about what he does to maintain his property along Graves Creek, and that he sees no reason for this proposal as existing laws are in place to protect the plant and animal life. He urged using the high water mark not the creek reservation for the setbacks. Gary Kirkland believes this is a threat to people's property rights and those who want setbacks should raise the funds and buy the property. He stated it was not possible to save an environment and preserve biodiversity. Dixie Ridge said she lives along Graves Creek and was in favor of using the high water mark for the setbacks. She stated a 35 foot setback would create onerous costs to her and that creek dwellers should not be penalized for those who impact the creeks. Madonna Baron explained that her property value has gone down because of impacts from the Woodlands development, and if there is a 50 foot setbacks most of her property would be gone. She expressed concern regarding trails, and what would be allowed within the setbacks once the Council changes. V.A. Richardson asked the Council to vote no on this as 40% of the people in the city would be less wealthy if this ordinance passes. He believes the city has no jurisdiction to pass restrictions for clean water, as all water belongs to the state. Pam Heatherington stated that anything fluid in a creek, stream, river or ocean belongs to the public trust, and it is not just individual property owners the Council must protect, but everyone's interest in the creek. She was not in favor of the exceptions and asked whose liability it would be if an exemption creates a problem in the creek. Margie George stated she opposes the ordinance, as she lives on the Salinas River and this would be a substantial taking. MOTION: By Council Member Clay and seconded by Council Member O'Malley to allow the public to comment for a second time. Motion failed 2:3 by a roll-call vote. Mayor Luna closed the Public Comment period. Mayor Luna recessed the meeting at 12:28 p.m. Mayor Luna called the meeting back to order at 12:35 p.m. City Attorney Patrick Enright addressed the issue of a regulatory taking. CC Minutes 05108/07 Page 10 of 16 Approved June 26, 2007 Mayor Luna and staff addressed issues raised during the Public Comment period. MOTION: By Council Member Clay and seconded by Council Member O'Malley to take out Jurisdictional Wetlands and Significant Drainage Courses from the ordinance. Motion passed 5:0 by a roll-call vote. Summary of Council Comments: Council Member Clay stated it was unfortunate that trails were put in the exceptions. He stated that mining in the Salinas River has caused most of the problems, and the same setback should be required for the river as for the creek. He believes non-native vegetation in creeks is a problem, and that setbacks won't eliminate bank erosion. Regarding variances, he believes that with the current make up of the Planning Commission, there won't be any exceptions allowed. He stated a 20 foot setback is acceptable, but anything larger will cause a lot of problems, and that no lot should be deemed unbuildable. Council Member Beraud was glad to hear there was support for further steps to improve the riparian habitat, to clean up storm water that goes into the creeks, and for community participation in creek restoration. Regarding going property by property to evaluate suitable setbacks, she believes that the cost of that would have to be borne by each property owner and that could be onerous. She stated staff did their job in presenting a report which fulfilled the Council's obligation to outline all elements of the General Plan and that 35 feet is the proper amount and not an arbitrary number. She also believes this proposal is protection from future development and the actions of neighboring property owners. The city is being proactive in maintaining its water quality and this is allowing Atascadero to set up their own guidelines rather than having others come in and impose stricter guidelines. Council Member O'Malley took responsibility for supporting the.35 foot interim setback in response to the lawsuit. He supports the city doing a study of the creeks; there are a small number of areas that are a problem and may need additional setback, however in most cases the creek reservation takes care of the issue. He did not believe it was a good idea to do setbacks lot by lot, but rather to look at the larger picture. He spoke of his support for the creek restoration project outside of city hall, and stated more attention is needed for roads and drainage. Council Member O'Malley stated there are a lot of laws in existence at higher levels of authority that take responsibility and protect the community and environment, this additional level would add another cost to the city. He believes the city must find something balanced and fair that would hold up through many different Councils and Commissions. He indicated he supports the General Plan which includes a 20 foot setback, and can support an ordinance that is in compliance with the General Plan, but still believes a formal study is needed. CC Minutes 05/08/07 Page 11 of 16 Approved June 26, 2007 Mayor Luna gave a history of the creek setback issue in Atascadero. He stated he also supports the General Plan regarding the setbacks, but the question is whether it is 20 or 35 feet. Mayor Pro Tem Brennler believes that much of the resistance to this ordinance has to do with the speculative nature of real estate, but he sees this as a matter of common sense. He has seen the catastrophic nature of flooding and the results to buildings that are too close to the creek, and sees the ordinance as proactive and that is what the community needs. Mayor Pro Tem Brennler believes this ordinance will protect people and property during episodes of flooding, provide protection of riparian habitat and some protection to the quality of the water, and is a matter of city government keeping its word. He spoke about the exemptions as providing flexibility to accommodate the citizens, and that this will make the town a better place for the next generation. He believes a 35 foot setback from the creek reservation lines, 20 feet for blue line creeks and 50 feet for the Salinas River is prudent and reasonable. MOTION: By Mayor Luna and seconded by Mayor Pro Tem Brennler to continue to support the language in the General Plan for blue line creeks, which is a setback of 20 feet. Motion passed 3:2 by a roll-call vote. (Clay, O'Malley opposed) MOTION: By Mayor Luna and seconded by Council Member Beraud that the Salinas River shall have a 50 foot setback. Mayor Luna withdrew his motion. MOTION: By Mayor Luna and seconded by Council Member O'Malley for a 35 foot setback from the ordinary high water mark for the Salinas River. Motion passed 4:1 by a roll-call vote. (Beraud opposed) MOTION: By Mayor Luna and seconded by Council Member Beraud for Atascadero Creek, Graves Creek and Bolder Creek to have a 35 foot setback from the creek reservation line. Motion passed 3:2 by a roll-call vote. (Clay, O'Malley opposed) MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Brennler to accept staff recommendations for exceptions, but dropping Item (6) and the language of Significant Drainage Course. Motion passed 5:0 by a roll-call vote. MOTION: By Council Member Beraud and seconded by Mayor Luna to adopt Draft Resolution B certifying Proposed Negative Declaration 2006-0039 prepared for General Plan Amendment 2006-0017 and Zone Change 2006-0125; and, Draft Resolution CC Minutes 05/08/07 Page 12 of 16 Approved June 26, 2007 C to approve General Plan Amendment 2006-0017 amending the land use open space and conservation element of the Atascadero General Plan based on findings with the text amended as follows: Policy 8.2: Establish and maintain setbacks and development standards for creek side development. 1. Maintain a creek setback ordinance which establishes building setbacks and development standards along the banks of Atascadero Creek, Graves Creek, Boulder Creek, blue line creeks and the Salinas River, to ensure the uninterrupted natural flow of the streams and protection of the riparian ecosystem with flexible standards for the downtown area. 2. Atascadero Creek, Graves Creek, and Boulder Creek shall have a 35-foot setback. All other 7.5 min USGS quadrangle blue line creeks shall have a 20-foot setback. The Salinas River shall have a 35-foot setback. The setbacks shall be subject to the following: a) On Atascadero Creek, Graves Creek, and Boulder Creek setbacks shall be measured from the edge of the creek reservation. b) All other blue line creeks, and the Salinas River shall have setbacks measured from the ordinary high water mark. c) The Planning Commission may approve exceptions to the creek setbacks in the form of a Minor Conditional Use Permit with a biologist report, a report prepared by a professional engineer or geologist qualified in hydrogeomorphology, and an Archaeological Phase 1 study. and, Draft Ordinance A amending the Atascadero Municipal Code by approving Zone Change 2006-0125 to establish a Creek Setback Ordinance based on findings with the text amended as follows: 9-4.111 Blueline Creek Setbacks (a) Definition: Blueline creek: A creek, stream or watercourse indicated by a solid or broken blue line on a U.S. Geologic Survey 7.5 minute series quadrangle map. (b) Development setbacks for creekside development are as follows: CC Minutes 05/08/07 Page 13 of 16 Approved June 26, 2007 (1) Atascadero Creek, Graves Creek, and Boulder Creek. Thirty-five (35) foot setback measured from the edge of the creek reservation; (2) Where Atascadero Creek, Graves Creek, and Boulder Creek channels are located outside of creek reservations, a twenty (20) foot setback measured from the ordinary high water mark shall be required; (3) Blueline creeks. Twenty (20) foot setback measured from ordinary high water marks; (4) Salinas River. Thirty-five (35) foot setback measured from the ordinary high water mark. (c) Improvements permitted within setbacks: (1) Bridges (2) Engineered drainage outlet; (3) Minor landscape features not requiring grading; (4) Non-invasive landscaping installation; (5) Raised decks; (6) Repairs to existing structures and facilities; (7) Trails; (8) Transparent fencing which does not block water flow; (9) Underground utilities that are permitted by the Army Corps of Engineers, California Department of Fish and Game, and/or Regional Water Quality Control Board; (10) Water course monitoring or gauging facilities operated by local, State, or Federal Agencies. (d) Improvements not permitted within setbacks include, but are not limited to: (1) Detention basins; (2) Grading (cut or fill); (3) Over-excavation; (4) Parking, driveways, other vehicular surfaces; (5) Removal or disturbance of riparian vegetation, unless permitted by the California Department of Fish and Game; (6) Retaining walls; (7) Septic systems (see section 8-5.103 Table 4.3 for septic setback requirements); (8) Structures (except as listed in section (c) above). (e) Exceptions. (1) Structures that were legally permitted before the effective date of this ordinance shall be permitted to remain; (2) The Planning Commission may approve exceptions to creek setbacks for Atascadero Creek, Graves Creek, Boulder Creek, blueline creeks and the Salinas River with a minor Conditional Use Permit. A biologist report, CC Minutes 05/08/07 Page 14 of 16 Approved June 26, 2007 a hydrogeomorphologist report, and an Archaeological Phase 1 study shall be required. (i) Requirements for biologist and hydrogeomorphologist reports: (A) (qualified biologist and professional geologist or engineer who is qualified in hydrogeomorphology; (B) Topographical and vegetation survey of creek channel with one (1) foot contour lines at one (1) to twenty (20) foot scale from bank to bank to include one hundred (100) feet up and down steam from property lines. Survey shall identify thirty five (35) foot setbacks; (C) Engineered grading and drainage plan of the entire site which includes the creek survey shall be provided; (D) Written analysis of the project impacts with an assessment of the potential impacts to the creek flow, bank stability, riparian vegetation and habitat, water quality, and any structures resulting from the reduced setback shall be provided; (E) Mitigation measures. (ii) Required findings for Planning Commission approval; (A) Creek channel and storm water flows will not be significantly impacted; (B) Habitat and riparian vegetation will not be significantly impacted; (C) Native trees and canopies will not be significantly impacted; (D) Water quality will not be significantly impacted; (E) Bank stability will not be significantly impacted; (F) Proposed improvements will not be subject to damage caused by creek bank migration; (G) Archeological resources will not be significantly impacted. (3) Structures shall be allowed to be rebuilt in the location originally permitted, even if the structure is 100% destroyed and located within a creek setback area. The area of disturbance within the setback shall not be increased. (4) Additions to non-conforming structures shall be allowed, provided that the addition is located outside the creek setback. Additions proposed within the creek setback area r► shall be required to obtain a Minor Conditional Use Permit along with biologist, hydrogeomorphologist, and CC Minutes 05/08/07 Page 15 of 16 Approved June 26, 2007 Geological Phase 1 reports. (5) Shallow lots that are less than 125-feet in depth may reduce the front setback to 15-feet and the rear creek setback to 20-feet. Motion passed 3:2 by a roll-call vote. (Clay, O'Malley opposed) (Item #B-1.2 Resolution No. 2007-021, Item #B-1.3 Resolution No. 2007-022) MOTION: By Council Member O'Malley and seconded by Mayor Luna to adjourn the meeting. Motion passed 4:1 by a roll-call vote. (Beraud opposed) C. THESE ITEMS WERE CONTINUED: MANAGEMENT REPORTS: 1. Campaign Contribution Limitations ■ Fiscal Impact: None. ■ Recommendation: Council provide direction to City Staff regarding the Draft Ordinance adopting campaign contribution limitations. [City Attorney] 2. Work Plan for City Council Strategic Planning Goals ■ Fiscal Impact: None. ■ Recommendations: Council provide direction on the work plan for the City Council strategic planning goals. [City Manager] F. ADJOURNMENT: Mayor Luna adjourned the meeting at 1:45 a.m. to the next regularly scheduled meeting of the City Council on June 12, 2007. MINUTES PREPARED BY: `Grace �ucci, Deputy City Cle The following exhibits are available for review in the City Clerk's office: Exhibit A—Shirley Moore, letter and map Exhibit B—Don Blaze, handout on water quality Exhibit C—Marty Brown, letter Exhibit D—Mark Phillips, letter from Kate Montgomery CC Minutes 05108107 Page 16 of 16