HomeMy WebLinkAboutAgenda Packet 01/11/2005ITEM NUMBER: A - 1
DATE: 01/11/05
CC Draft Minutes 11/23/04
Page 1 of 4
CITY OF ATASCADERO
CITY COUNCIL
DRAFT MINUTES
Tuesday, November 23, 2004
7:00 P.M.
REGULAR SESSION: 7:00 P.M.
Mayor Luna called the meeting to order at 7:00 p.m. Council Member O’Malley
introduced Cadet Lt. Trevor O’Malley who led the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Clay, O’Malley, Pacas and Mayor Luna
Absent: Mayor Pro Tem Scalise
Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson
and Deputy City Clerk Grace Pucci
Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis,
Administrative Services Director Rachelle Rickard, Public Works
Director Steve Kahn, Community Services Director Brady Cherry,
Fire Chief Kurt Stone, Police Lt. John Hough, Redevelopment
Specialist Marty Tracey, Deputy Public Works Director Geoff
English, and Interim City Attorney Tom Gibson
COMMUNITY FORUM:
Steve Martin, Executive Director Atascadero Main Street, spoke about upcoming
holiday events in the downtown; Winter Wonderland on December 10th, and on
December 4th eight businesses on El Camino Real will hold a holiday open house.
ITEM NUMBER: A - 1
DATE: 01/11/05
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Mayor Luna closed the Community Forum period.
APPROVAL OF AGENDA:
MOTION: By Council Member O’Malley and seconded by Council
Member Pacas to approve the agenda.
Motion passed 4:0 by a roll-call vote.
PRESENTATIONS:
1. Proclamation declaring November, 2004 - “National Hospice Month.”
Mayor Luna read the Proclamation and presented it to Chris Aho.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Mayor Luna announced that his office hours tomorrow are cancelled due to the
Thanksgiving holiday.
A. CONSENT CALENDAR:
1. City Council Meeting Minutes – October 26, 2004
City Clerk Recommendation: Council approve the City Council meeting
minutes of October 26, 2004. [City Clerk]
2. Atascadero Lake Park Walkway Project (Bid No. 2003-009)
Fiscal Impact: $267,722.70
Recommendations: Council:
1. Accept Sansone Company, Inc.’s work as complete.
2. Authorize the City Manager to sign and file the Notice of Completion.
3. Authorize the Administrative Services Director to release the
Retention to the Contractor. [Public Works]
3. Award Contract for Two (2) Fire Engines
Fiscal Impact: $745,500. $559,100 from vehicle replacement and
$186,400 Fire Facilities Impact Fees.
Recommendations: Council:
1. Award contract to Pierce Manufacturing Inc. for the construction and
purchase of two (2) fire engines at a cost of $372,750.00 each; and
2. Authorize the City Manager to execute the appropriate agreement; and
ITEM NUMBER: A - 1
DATE: 01/11/05
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3. Authorize the Director of Administrative Services to appropriate
$559,100 in Vehicle Replacement Funds and $186,400 in Fire Facilities
Impact Fee Funds for the purchase of the two fire engines. [Fire]
MOTION: By Council Member Pacas and seconded by Council Member
O’Malley to approve Items #A-1, 2 and 3.
Motion passed 4:0 by a roll-call vote. (Item #A-3 Contract No.
2004-023)
B. MANAGEMENT:
1. Offer of Dedication of Via Tortuga and Calle Refugio
Fiscal Impact:
1. If the offer of dedication is rejected, there is no fiscal impact.
2. If the offer of dedication is accepted without maintenance funded the
fiscal impact would be $22,097.00 to repair road surface and annual impact of
$8,248.00 to keep the maintenance up.
Recommendation: Council reject the request to accept the offers of
dedication of Via Tortuga and Calle Refugio, until a road maintenance
district is in place. [Public Works]
Bob Kelley requested that this item be pulled from the agenda and continued.
PUBLIC COMMENT – None
MOTION: By Council Member O’Malley and seconded by Council
Member Clay to continue Item #B-1 to the first City Council
meeting in January.
Motion passed 4:0 by a roll-call vote.
C. COMMITTEE & LIAISON REPORTS:
None
D. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Manager
City Manager Wade McKinney provided Council with updates on the following;
status of FEMA funding for earthquake repairs/projects, the process for selection
of a site for the Youth Center, the relocation of the new City Hall Annex, and the
status of the City Hall building. Mr. McKinney answered questions of Council.
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DATE: 01/11/05
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There was Council consensus to place the site selection for the Youth
Center on the December 14th City Council agenda.
E. ADJOURNMENT:
Mayor Luna adjourned the meeting at 7:22 p.m. to the next regularly scheduled meeting
of the City Council on December 14, 2004.
MEETING RECORDED AND MINUTES PREPARED BY:
_____________________________________________
Grace Pucci, Deputy City Clerk
ITEM NUMBER: A - 4
DATE: 01/11/05
785629.1 1
Atascadero City Council
Staff Report – City Manager’s Office
Agreement to Provide City Attorney Legal Services
RECOMMENDATION:
Council approve the attached agreement with the law firm of Kronick Moskovitz
Tiedemann & Girard, to provide City Attorney Legal Services for the City of Atascadero.
DISCUSSION:
City Attorney Roy Hanley resigned effective June 30, 2004. The City Council directed
the City Manger to develop a Request for Proposals and conduct a recruitment for a
City Attorney. Several legal firms applied, and the City Council interviewed the top four
qualified firms. The Council directed the City Manager to negotiate an agreement with
the firm of Kronick Moskovitz Tiedemann & Girard.
FISCAL IMPACT:
Monthly retainer of $8,000 for general legal work. Additional service to be billed at an
hourly rate.
ATTACHMENTS:
Agreement
ITEM NUMBER: A - 4
DATE: 01/11/05
785629.1 2
AGREEMENT TO PROVIDE CITY ATTORNEY LEGAL SERVICES
THIS AGREEMENT is made and entered into this _____ day of ____________,
____, by and between the CITY OF ATASCADERO, A Municipal Corporation,
hereinafter called and referred to as “CITY,” and KRONICK, MOSKOVITZ,
TIEDEMANN & GIRARD, A Professional Corporation (hereinafter “KRONICK”).
RECITALS
CITY has considered the application for the position of City Attorney from
KRONICK and has determined that it wishes to retain KRONICK and to appoint Patrick
L. Enright and Melissa A. Mikesell, members of KRONICK, as the City Attorney and
Assistant City Attorney, respectively, to provide legal services to CITY.
CITY desires, effective January ___, 2005, to retain KRONICK to provide legal
services to CITY and to designate Patrick L. Enright as City Attorney and Melissa A.
Mikesell, as Assistant City Attorney (hereinafter “Attorneys”).
AGREEMENT
WHEREFORE, the parties agree as follows:
I. Legal Services to be Provided
A. Basic Services
CITY hereby retains KRONICK to provide all legal services required by the
CITY as the CITY’s City Attorney and General Counsel to the CITY’s
Redevelopment Agency. As requested by CITY, such duties shall include
those legal services generally understood within the field of municipal law
to fall within the category of “general counsel” work, and includes, but is
not necessarily limited to the following which shall generally be
categorized as the “Basic Services”:
1. Regular attendance at City Council, study sessions, closed
sessions and all meetings of the City Council and Community
Redevelopment Agency.
2. Attendance, as needed and as directed by the City Council and
Community Redevelopment Agency or City Manager/Executive
ITEM NUMBER: A - 4
DATE: 01/11/05
785629.1 3
Director, at certain meetings of the City’s Commissions or other
City/Agency committees or Commissions;
3. Review and/or preparation of staff reports, ordinances, resolutions,
orders, agreements, forms, notices, declarations, certificates,
deeds, leases, and other documents required by the City/Agency;
4. Consultation with the City Council and Community Redevelopment
Agency Board Members and City/Agency staff as needed –
rendering of legal advice and opinions concerning legal matters
that affect the City/Agency, including new legislation and court
decisions. Perform research and interpret laws, court decisions
and other legal authorities in order to prepare legal opinions and to
advise the Council and management staff on legal matters
pertaining to City/Agency operations;
5. Legal work pertaining to property acquisition, property disposal,
public improvements, public rights of way and easements, and
matters relating to public utilities;
6. Coordinate the work of outside legal counsel as needed and as
directed by the City Council and Community Redevelopment
Agency and City Manager/Executive Director.
7. Regularly scheduled office hours in City Hall.
B. Additional Services
Additional Services include, but are not necessarily limited to:
1. Non-routine or specialized real estate and land use matters, such
as property acquisition and disposition, or CEQA.
2. Other non-routine or specialized matters such as comprehensive
update of the CITY’s General Plan or zoning ordinance,
annexations, or Williamson Act issues.
3. Payroll and income tax issues.
4. Litigation, eminent domain, arbitration, mediation, administrative
hearings, and related matters leading to such proceedings.
ITEM NUMBER: A - 4
DATE: 01/11/05
785629.1 4
5. Cable TV rate regulations and FCC appeals.
6. Labor negotiations, Skelly hearings, disciplinary hearings, Pitchess
Motions, similar non-routine personnel matters, and matters
leading to such proceedings.
7. Other legal services excluded from the “basic services” as
discussed by and between the City Attorney and City Manager and
determined by the City Manager.
C. Cost Recovery Matters
Matters for which the CITY may recoup its expenses through cost
recovery to include but not necessarily limited to:
1. Bond Counsel matters.
2. Redevelopment services.
3. Code enforcement.
4. Applications for Planning entitlements, including but not limited to
general plan amendments, rezoning, tentative map, conditions use
permit, various, development agreement and specific plans.
5. Water rights and development issues.
6. Wetlands regulatory issues, CEQA, and environmental issues.
7. Assessment district formations and foreclosures.
8. Bankruptcy and foreclosures.
9. Those other matters for which the CITY may pass payment on to a
third party.
II. Staffing Assignment
Patrick L. Enright shall be assigned as City Attorney and shall be primarily
responsible for the provision of legal services to the CITY as identified as the
“basic level of services.” Melissa A. Mikesell shall be assigned as Assistant City
Attorney and shall perform the City Attorney’s services when the City Attorney is
ITEM NUMBER: A - 4
DATE: 01/11/05
785629.1 5
unable to attend to the “basic services” due to illness, disability, vacation or a
scheduling conflict. The City Attorney shall provide services on behalf of
KRONICK under the direction of the City Council and the City Manager.
Associate attorneys and legal assistants shall be utilized where appropriate to
assist in providing legal services as is appropriate for their level of experience.
III. Compensation for Legal Services
A. Basic Services
For City Attorney services defined as Basic Services above, KRONICK
shall bill the City at a flat monthly retainer of $8,000 (Eight Thousand
Dollars and Zero Cents) per month.
B. Additional Legal Services
For additional legal services (as defined above), KRONICK shall bill the
CITY on an hourly rate basis set forth in Exhibit “A” attached hereto. The
hourly rate for Patrick L. Enright shall be $175.00, and the hourly rate for
Melissa A. Mikesell shall be $165.00.
C. Cost Recovery Matters
For those matters for which the CITY may recoup its expenses through
cost recovery (as defined above), KRONICK shall bill the CITY on an
hourly rate basis as set forth in Exhibit “A.”
In lieu of an hourly rate, any Cost Recovery Matters may be performed
pursuant to a separate agreement between the parties. Examples of this
may include, but not be limited to, Bond Counsel services and
assessment district formation and foreclosures.
D. The amount of compensation paid to KRONICK for the Attorneys’ base
services and attendance at meetings of the City Council shall be reviewed
and revised, if deemed necessary by CITY, at periodic intervals
commencing six months following the effective date of this Agreement.
IV. Costs and Expenses
In addition to the fees listed above for services rendered, CITY agrees to
reimburse to KRONICK all costs and expenses reasonably incurred by
KRONICK in representation of the CITY, at the rates shown in Exhibit B.
ITEM NUMBER: A - 4
DATE: 01/11/05
785629.1 6
KRONICK shall charge the CITY for one hour for travel to or from City Hall or
other City facilities located within the City of Atascadero, plus mileage and/or
expenses for travel to or from the City Hall or other CITY facilities located within
the City of Atascadero. Other travel time may be billed by KRONICK at the rates
established in Exhibits A and B.
V. Statements
KRONICK shall bill the CITY monthly for fees and costs incurred. Services shall
be separately stated as to time, date and particular services rendered. If
approved, the sum shown to be due by such statement shall be paid by the CITY
within thirty days after said approval. Legal services rendered and costs billed to
the CITY shall be open to audit by the City Council, City Manager, or their
designee(s).
KRONICK shall keep a record of time spent on all matters in increments of one-
tenth (0.1) of an hour. Each task shall be distinctly and completely identified; the
CITY will not pay invoices which contain block billing. The billing entry must
contain the name or initials of the individual performing the task, the nature of the
task, the date it was performed, and the length of time it took. The CITY will not
pay for the use of attorneys and paralegals to perform services which are
secretarial or administrative.
The CITY reserves the right to audit all invoices. The CITY will not pay for costs
incurred by KRONICK in preparing an invoice, correcting it, or (re)submitting it.
VI. Performance Evaluations
City Council and/or their designee shall review and evaluate the performance of
KRONICK at least annually or at other times chosen by the City Council. Said
review and evaluation shall be in accordance with specific criteria developed by
the City Council. Said criteria may be added to or deleted from as the City
Council may from time to time determine. Further, the City Council shall provide
KRONICK with a summary written statement of the findings of the City Council
and provide an adequate opportunity for KRONICK to discuss the evaluation with
the City Council.
Attendance at Goal Setting and Team Building Sessions
ITEM NUMBER: A - 4
DATE: 01/11/05
785629.1 7
The City Attorney shall attend CITY goal setting sessions and team building
activities when requested by the City Manager.
Assignment of Agreement
KRONICK shall not assign or transfer any interest in, or delegate any duties
contained in this Agreement without the prior written consent of the CITY.
Independent Contractor
KRONICK hereby declares that it is engaged in an independent business and
agrees to perform the services provided for in this Agreement as an independent
contractor and not as the agent, servant, or employee of the CITY. KRONICK
shall be solely responsible for its own matters relating to payment of employees,
including compliance with social security, withholding and all other regulations
governing such matters.
Conflict of Interest
KRONICK hereby covenants that it presently has no conflict of interest and shall
not acquire any interest, direct or indirect, which would conflict in any manner or
degree with the performance of its service to the CITY. KRONICK shall not
undertake representation of any person or entity when that representation
conflicts with its representation of the CITY.
VII. Insurance
KRONICK maintains errors and omissions insurance coverage applicable to the
services to be rendered. KRONICK shall provide CITY with evidence of such
insurance upon request.
VIII. No Gurantees On Outcome of Case(s)
By signing this Agreement, CITY acknowledges that KRONICK has made no
promises or guarantees to CITY about the outcome of any CITY matter, and
nothing in this Agreement shall be construed as such a promise or guarantee.
Business License
KRONICK shall not be responsible for securing and paying for a CITY business
license as required by the Atascadero Municipal Code; provided, however, that
the CITY is the sole and only Atascadero individual, entity, or business for which
KRONICK provides services.
ITEM NUMBER: A - 4
DATE: 01/11/05
785629.1 8
Professional Standing
KRONICK’s lawyers working with CITY shall be at all times be members in good
standing of the State Bar of California, and shall conduct themselves in full
compliance with the standards of Professional Conduct of the State Bar.
Nondiscrimination
KRONICK shall not discriminate on the basis of race, religion, color, creed,
national origin, gender, sexual orientation, marital status, age, physical or mental
disability, legally protected medical condition, veteran status, or any other basis
protected by state or federal laws.
Amendments
This Agreement contains the entire agreement between the parties and may not
be amended except through a writing executed by the parties.
Termination
This Agreement may be terminated, with or without cause, by CITY at any time
upon written notice to KRONICK, and by KRONICK upon sixty (60) days written
notice to CITY. In the event of termination, CITY shall be responsible only for
fees and costs incurred through the effective date of the termination.
At CITY’s request, upon the termination of services under this Agreement,
KRONICK will promptly release all of the CITY’s papers and property (subject to
any applicable protective orders or non-disclosure agreements) to CITY. If CITY
does not request the return of CITY’s papers and property, KRONICK will retain
CITY’s file for a period of seven (7) years from the last date of service in the
matter after which time KRONICK may have CITY’s file destroyed, provided that
CITY will be notified at least fourteen (14) days prior to the destruction of its
papers and property. If CITY does not request the return of its papers and
property after such notification, then CITY shall be deemed to consent to such
destruction. If CITY desires to have CITY’s file maintained beyond seven (7)
years after CITY’s matter is concluded, separate arrangements with KRONICK
must be made.
Resolution of Disputes
ITEM NUMBER: A - 4
DATE: 01/11/05
785629.1 9
If a dispute arises between KRONICK and CITY regarding attorneys’ fees or
costs under this Agreement and KRONICK files suit in any court, or begins an
arbitration proceeding other than through the State Bar or a local bar association
under Business and Professions Code Sections 6200-6206, CITY will have the
right to stay that suit or arbitration proceeding by timely electing to arbitrate the
dispute through the State Bar or a local bar association under Business and
Professions Code Sections 6200-6206, in which event KRONICK must submit
the matter to that arbitrator.
Severability
In the event that any provision of this Agreement is finally held and determined to
be illegal or void by a court having jurisdiction over the parties, the remainder of
the Agreement shall remain in full force and effect unless the parts found to be
void are wholly inseparable from the remaining portion of the Agreement.
IN W ITNESS WHEREOF, the parties hereto have executed this agreement on
the day and date as set forth above.
CITY OF ATASCADERO
A Municipal Corporation
By:
Mayor
Attest:
City Clerk
KRONICK, MOSKOVITZ, TIEDEMANN &
GIRARD, A Professional Corporation
By:
Robert E. Murphy
ITEM NUMBER: A - 2
DATE: 01/11/05
785629.1 10
EXHIBIT “A”
FEE SCHEDULE FOR ADDITIONAL LEGAL SERVICES
The hourly attorney fees for additional legal services will be:
Shareholders/Principals ................. $165 - $185
Associate Attorneys ........................ $150 - $165
Paralegals .............................................. $78-$95
Paralegal Clerk/Law Clerk .................... $50-120
FEE SCHEDULE FOR COST RECOVERY MATTERS
The hourly attorney fees for legal services for cost recovery matters that the City
may recoup its expenses:
Shareholders/Principals ................... $185- $210
Associate Attorneys ........................... $160-$190
Paralegals ............................................. $90-$100
Paralegal Clerk/Law Clerk ................... $50-$120
ITEM NUMBER: A - 2
DATE: 01/11/05
785629.1 11
EXHIBIT “B”
OTHER FEES AND CHARGES
Computer Research ..........Actual cost to KMTG to use Westlaw, Lexis,
Information America, etc., plus hourly rate of
researcher
Travel ................................Actual cost incurred for lodging, meals, parking and bridge
tolls, plus the number of out of town miles traveled at the IRS
reimbursement rate, currently 40.5 cents per mile (2005).
Photocopying .................... 25 cents per page
Fax ................................... 65 cents per page (outgoing only)
Federal Express,
Messenger Service, etc..... Charged at cost
Telephone ......................... Charged at cost
Also billed at cost would be fees assessed by courts and administrative agencies,
and prior approved costs for experts and consultants, if any.
ITEM NUMBER: A - 5
DATE: 01/11/05
Atascadero City Council
Staff Report – Public Works Department
Disadvantaged Business Enterprise Goal
RECOMMENDATION:
Council adopt Disadvantaged Business Enterprise (DBE) participation goal.
DISCUSSION:
All local agencies must establish their own DBE program and set specific goals using
an accepted methodology and are required to monitor contracts for DBE compliance.
As required, a Public Notice has been published providing 45 days for review and
comment on the proposed goal. No comments or requests for review have been
received.
FISCAL IMPACT:
Staff time to monitor DBE Program.
ATTACHMENT: DBE Goal Submittal
ITEM NUMBER: A - 5
DATE: 01/11/05
ANNUAL OVERALL GOAL INFORMATION
TO: CALTRANS DISTRICT 5
District Local Assistance Engineer
The amount of overall goal, methodology, breakout of estimated race-neutral and race-conscious
participation, and any DBE program updates are presented herein in accordance with Title 49 of the
Code of Federal Regulations Part 26, and as described in the Local Assistance Procedures Manual.
The City of Atascadero submits our annual overall goal for your review and comment. We propose an
annual overall DBE goal of 5 % for the Federal Fiscal Year 2004, beginning on October 1, 2004 and
ending on September 30, 2005.
Breakout of Estimated Race-Neutral and Race-Conscious Participation
Of the overall Annual 5% goal for DBE participation, the City anticipates achieving approximately 1%
using race-neutral methods, including making efforts to assure that bidding and contract requirements
facilitate participation by DBE’s and other small businesses; encourage prime contractors to
subcontract portions of the work that they might otherwise perform themselves; and providing
technical assistance, and other support services to facilitate consideration of DBE’s and other small
businesses. The remaining 4% of the goal is anticipated to be accomplished through race-conscious
measures, which includes establishing contract specific goals on contracts with contracting
possibilities, when needed, to meet the City’s overall annual DBE Goal.
ITEM NUMBER: A - 6
DATE: 01/11/05
Atascadero City Council
Staff Report – Public Works Department
Final Map 2004-0073 (Tract 2448)
1200 La Costa Court (TTM 2002-0018)
(CS Nino Construction)
RECOMMENDATIONS:
Council:
1. Accept Final Parcel Map 2004-0073 (Tract 2448); and,
2. Reject, without prejudice to future acceptance, the offer of dedication for
Public Utility Easement; and,
3. Authorize City Manager to execute Subdivision Improvement Agreement;
and,
4. Authorize City Manager to sign Agreements to provide housing units for
persons and family of low income.
DISCUSSION:
Tentative Tract Map 2002-0018 / Tract 2448 was approved by the City Council
on October 14, 2003. The subdivision approved a 40-lot vesting tentative tract
map with a PD-20 overlay.
Pursuant to California Government Code Section 66440 the approving legislative
body (City Council) cannot deny a final map that is consistent with an approved
tentative map. The legislative body is also required to accept, accept subject to
improvement, or reject on behalf of the public, any real property offered for
dedication for public use in conformity with the terms of the offer of dedication.
Staff recommends rejecting the offer of dedication for public utility easements
without prejudice to future acceptance. Staff has determined that the Final Tract
Map is consistent with approved Vesting Tentative Tract Map.
FISCAL IMPACT: None
ATTACHMENTS: Exhibit A: Final Map 2004-0073 (Tract 2448)
Exhibit B: Subdivision Improvement Agreement
ITEM NUMBER: A - 6
DATE: 01/11/05
Exhibit A
Final Map 2004-0073 (Tract 2448)
1200 La Costa Court
CS Nino Construction
ITEM NUMBER: A - 6
DATE: 01/11/05
FOR RECORDER USE ONLY
RECORDING REQUESTED BY:
City of Atascadero
WHEN RECORDED MAIL TO:
City Clerk
City of Atascadero
6905 El Camino Real, Suite 6
Atascadero, CA. 93422
CITY OF ATASCADERO
SUBDIVISION IMPROVEMENT AGREEMENT
DATE OF AGREEMENT:
NAME OF SUBDIVIDER: CS Nino Construction, Inc.
SUBDIVISION: Tract 2448
ESTIMATED TOTAL COST OF IMPROVEMENTS: $608,938
This Agreement made and entered into by and between the City of Atascadero, a
municipal corporation of the State of California (hereinafter referred to as "City") and CS
Nino Construction, Inc. (hereinafter referred to as "Subdivider").
RECITALS
A. Subdivider has presented to the City Council of the City of Atascadero Tract 2448 for
approval but not all of the improvements required or conditions imposed by Title 11,
Chapter 8 Articles 3 and 4 and Chapter 10 of the Atascadero Municipal Code have been
completed or performed.
B. Subdivider desires to record Tract 2448 after the same has been approved by the City
Council of the City of Atascadero.
Exhibit B
Final Map 2004-0073 (Tract 2448)
1200 La Costa Court
CS Nino Construction
ITEM NUMBER: A - 6
DATE: 01/11/05
C. The Subdivision Laws establish as a condition precedent to the approval of a parcel map
that Subdivider must have either completed, in compliance with City Standards, all of the
improvements and land development work required by Tract 2448 or have entered into a
secured agreement with City to complete the improvements and land development
within a period of time specified by City.
D. In consideration of approval of Tract 2448 by the City Council, Subdivider desires to
enter into this Agreement, whereby Subdivider promises to install and complete, at the
Subdivider's own expense, all of the public improvement work required by City in
connection with Subdivision.
E. Improvement Plans for the construction, installation and completion of the improvements
have been prepared by Subdivider and approved by the City Engineer. The
Improvement Plans for Tract 2448 are on file in the Office of the City Engineer and are
incorporated into this Agreement by this reference. All references in this Agreement to
the Improvement Plans shall include reference to any specifications for the
improvements as approved by the City Engineer.
F. An estimate of the cost for construction of the public improvements according to the
Improvement Plans has been made and has been approved by the City Engineer. The
Estimated Total Cost of Improvements is stated on Page 1 of this Agreement. The basis
for the estimate is attached as Exhibit "A" to this Agreement.
G. Subdivider recognizes that by approval of Tract 2448, City has conferred substantial
rights upon Subdivider, including the right to sell, lease, or finance lots within the
subdivision, and has taken the final act necessary to construct the public improvements
within the subdivision. As a result, City will be damaged to the extent of the cost of
installation of the improvements by Subdivider's failure to perform its obligations under
this Agreement, including, but not limited to, Subdivider's obligation to commence
construction of the improvements by the time established in this Agreement. City shall
be entitled to all remedies available to it pursuant to this Agreement and law in event of a
default by Subdivider. It is specifically recognized that the determination of whether a
reversion to acreage or rescission of Tract 2448 constitutes an adequate remedy for
default by the Subdivider shall be within the sole discretion of City.
NOW, THEREFORE, pursuant to the provisions contained in the Atascadero Municipal Code,
Title 11, Chapter 10, sections 11-10.010 through 11-10.022, and in consideration of the
approval by the City Council and the filing of Tract 2448, the parties hereto do promise and
agree one with the other as follows:
1. Subdivider is to make and complete all of the improvements for Tract 2448 as shown on
the Improvement Plans thereof and as required and set forth in Title 11, Chapter 8,
Articles 3 and 4, and Chapter 10, of the Atascadero Municipal Code, or as amended.
2. It is further understood and agreed by and between the parties hereto that the
improvements as required by the conditions of approval for Tract 2448 shall be
completed within one year from the Date of Agreement. These improvements include,
ITEM NUMBER: A - 6
DATE: 01/11/05
but are not limited to the following: those shown on the plans accepted by the City
Engineer and on attached Exhibit A.
3. The Subdivider promises and agrees to complete all improvement work referred to
hereinabove to the satisfaction of the City Engineer.
4. If said improvement work is not completed within one year of the Date of Agreement, the
Subdivider agrees that the City may elect to complete the same.
5. In the event the City elects to complete said work or improvement, the Subdivider agrees
that the City may exercise it's option to declare the bond or deposit, as hereinafter
described, forfeited and utilize the proceeds, including any interest, to complete said
improvements or that the City may complete said improvements and recover full cost
and expense thereof including reasonable attorney fees from the Subdivider and his/her
surety.
6. The Subdivider shall, prior to submitting the map for filing, file an improvement security
with the City, in a form acceptable to the City Attorney, in the amount of the Estimated
Total Cost of Improvements, which is the amount deemed sufficient by the City
Engineer. In no case shall the improvement security be less than 100% of the Estimated
Total Cost of Improvements. Further, the Subdivider shall file a security for labor and
materials in the amount of the Estimated Total Cost of Improvements. The security for
labor and materials shall be no less than 50% of the Estimated Total Cost of
Improvements. Periodic progress payments may be authorized to the Subdivider as the
improvements are completed if adequate security remains as determined by the City
Engineer, however, no such progress payments shall be made for more than 90% of the
value of any work. Progress payments shall only be paid on work that is completed to
the satisfaction of the City Engineer.
7. The Subdivider hereby agrees that after the completion and acceptance of the
improvements as specified in paragraphs 2 and 3, 10% of the improvement security
shall be retained for the guarantee and warranty of the work for a period of one year.
8. It is understood and agreed by and between the parties hereto that this Agreement shall
bind the heirs, executors, administrators, successors, and assigns of the respective
parties to this agreement.
9. In the event legal action is taken to enforce the provisions of this Agreement, the
prevailing party shall be entitled to recover costs to enforce the Agreement, including
reasonable attorney fees.
10. The Subdivider shall, defend, indemnify and save harmless the City, its officers, agents
and employees from any and all claims, demands, damages, costs, expenses, or liability
occasioned by the performance and attempted performance of the provisions hereof, or
in any way arising out of this Agreement, including, but not limited to, inverse
condemnation, equitable relief, or any wrongful act or any negligent act or omission to
act on the part of the Property Owner or of agents, employees, or independent
contractors directly responsible to the Property Owner, providing further that the
ITEM NUMBER: A - 6
DATE: 01/11/05
foregoing shall apply to any wrongful acts, or any actively or passively negligent acts or
omissions to act, committed jointly or concurrently by the Applicant, the Property
Owner's agents, employees, or independent contractors. Nothing contained in the
foregoing indemnity provisions shall be construed to require the Property Owner to
indemnify the City against any responsibility or liability in contravention of Section 2782
of the Civil Code.
11. Upon acceptance of the work on behalf of City and recordation of the Notice of
Completion, ownership of the improvements constructed pursuant to this Agreement
shall vest in City.
12. Sale or other disposition of this property will not relieve Subdivider form the obligations
set forth herein. Subdivider agrees to notify City in writing at least 30 days in advance of
any actual or pending sale or other disposition of the property. If Subdivider sells the
property or any portion of the property within the Subdivision to any other person,
Subdivider may request a novation of this Agreement and a substitution of security.
Upon approval of the novation and substitution of securities, Subdivider may request a
release or reduction of the securities required by this Agreement. Nothing in the
novation shall relieve the Subdivider of the obligations under Paragraph 2 for the work or
improvement done by Subdivider.
13. All notices required or provided for under this Agreement shall be in writing and
delivered in person or sent by mail, postage prepaid and addressed as provided in this
section. Notice shall be effective on the date it is delivered in person, or, if mailed, on
the date of deposit in the United States Mail. Notices shall be addressed as follows
unless a written change of address is filed with City:
City: City of Atascadero
6905 El Camino Real, Suite 6
Atascadero, CA 93422
Subdivider: C S Nino Construction, Inc.
4401 El Camino Real, Suite C
Atascadero, CA 93422
Surety: Heritage Oaks Bank
P.O. Box 7012 / 545 12th Street
Paso Robles, CA 93447
14. The provisions of this Agreement are severable. If any portion of this Agreement is held
invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain
in full force and effect unless amended or modified by the mutual consent of the parties.
15. The Recitals to this Agreement are hereby incorporated into the terms of this
Agreement.
ITEM NUMBER: A - 6
DATE: 01/11/05
16. This Agreement constitutes the entire Agreement of the parties with respect to the
subject matter. All modifications, amendments, or waivers of the terms of this
Agreement must be in writing and signed by the appropriate representatives of the
parties. In the case of City, the appropriate party shall be the City Manager.
ITEM NUMBER: A - 6
DATE: 01/11/05
IN WITNESS WHEREOF the Property Owner has hereunto set his/her hand and the City has
caused these presents to be signed by its duly sworn and authorized officers the day and year
first hereinabove written.
CITY OF ATASCADERO
By:
Wade G. McKinney
City Manager
Attest:
Marcia McClure Torgerson
C.M.C., City Clerk
Approved as to content:
Steven B. Kahn, P.E.
City Engineer
Approved as to form:
City Attorney
SUBDIVIDER:
(notarize signature)
ITEM NUMBER:
DATE:
Final Map 2004-0073 Page 9 of 20
EXHIBIT A
ITEM NUMBER:
DATE:
Final Map 2004-0073 Page 10 of 20
ITEM NUMBER: A - 7
DATE: 01/11/05
Atascadero City Council
Staff Report – Community Services Department
Amend Age Requirement for Youth Representative
of the Parks and Recreation Commission
RECOMMENDATION:
Council adopt the draft Resolution, amending the age from 14 - 18 years, to 13 - 18
years of age for the Youth Representative to the Parks and Recreation Commission.
The term of the appointed Youth Representative will be for a period of one year,
beginning January 1, 2005.
DISCUSSION:
The City Council, through the adoption of Resolution No. 2001-045, established a
Youth Representative position to the Parks and Recreation Commission. The Youth
Representative must be a resident of Atascadero and be between the ages of 14 - 18
years.
A recent recruitment for a Youth Representative for the Parks and Recreation
Commission yielded several interested candidates under the minimum age requirement
of 14 years. The interested candidates are presently 13 years of age and are members
of the For Youth Interest youth group (F.Y.I.).
Amending the age requirement for the Youth representative will allow the City Clerk to
re-advertise the vacancy, indicating the new age requirement. Applicants will be
interviewed by a sub-committee of the City Council, Council Members Clay and Luna,
which will recommend the appointment of the applicant to the Council.
FISCAL IMPACT: None
ATTACHMENTS: Draft Resolution
DRAFT RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ATASCADERO AMENDING
RESOLUTION NO.2001-045, CREATING EX-OFFICIO YOUTH
MEMBERS ON CERTAIN CITY COMMISSIONS AND COMMITTEES.
WHEREAS, The City of Atascadero (herein referred to as “City”) is a public entity
established under the laws of California; and
WHEREAS, The City Council appoints a Parks and Recreation Commission for advise in
matters pertaining to Parks and Recreation; and
WHEREAS, the Parks and Recreation Commission frequently considers issues that affect
the youth of Atascadero; and
WHEREAS, the City Council values the opinion of youth in Parks and Recreation
matters; and
WHEREAS, the amended Resolution establishing qualifications for the Parks and
Recreation Commission Youth Representative shall become effective on December 14, 2004.
IT IS NOW RESOLVED THAT:
1. There shall be an ex-officio youth member on the Parks and Recreation Commission.
2. The youth member shall have the following qualifications:
a. Be between the ages of 13 and 18 years.
b. Be a resident of the City of Atascadero.
3. The terms of the office of ex-officio youth member shall be for one year. Members may
be re-appointed if they still meet the qualifications set forth in No. 2 above.
4. Vacant positions will be advertised by the City Clerk. Applications must be submitted by
the interested youth. A sub-committee of the City Council will review the applications
and interview the applicants if the sub-committee deems it necessary. Three finalists
shall be submitted to the City Council for selection.
5. The appointments must be made by the majority of the City Council. The appointee
serves at the pleasure of the City Council and serve until replaced or removed.
Appointees may be removed with or without cause by a majority of the City Council.
On Motion by Council Member ___________ and seconded by Council Member __________,
the foregoing Resolution was adopted on the following roll-call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
____________________________
Wendy Scalise, Mayor
ATTEST:
_______________________________
Marcia McClure Torgerson, C.M.C.,
City Clerk
APPROVED AS TO FORM:
_______________________________
Patrick L. Enright
City Attorney
ITEM NUMBER: B - 1
DATE: 01/11/05
Atascadero City Council
Staff Report - Community Development Department
Single Family Planned Development Zone Change 2004-0078,
Master Plan of Development (CUP 2004-0126),
Vesting Tentative Tract Map 2004-0048
(5310 Carrizo Rd. / Griffin)
RECOMMENDATIONS:
Planning Commission Recommends: Council:
1. Adopt Resolution A certifying Proposed Mitigated Negative Declaration 2004-
0030; and,
2. Introduce for first reading by title only, draft Ordinance A, to approve Zone
Change 2004-0078 based on findings; and,
3. Adopt Resolution B approving Conditional Use Permit 2004-0126 to include the
Master Plan of Development (EXHIBIT B) based on findings and subject to
Conditions of Approval and Mitigation Monitoring; and,
4. Adopt Resolution C approving Vesting Tentative Tract Map 2003-0048 based on
findings and subject to Conditions of Approval and Mitigation Monitoring.
REPORT-IN-BRIEF:
The proposed project consists of an application for a Zone Change, Conditional Use
Permit (CUP) and Tentative Tract Map. The Zone Change request would establish a
Planned Development #17 overlay on the site subject to a Master Plan of Development
(CUP) that would allow eleven (11) new single-family residences to be constructed and
one (1) Colony Home to remain. The Tentative Tract Map would create a twelve (12) lot
subdivision.
ITEM NUMBER: B - 1
DATE: 01/11/05
DISCUSSION:
Situation and Facts:
1. Applicant: Scott Griffin
5310 Carrizo Rd., Atascadero, CA 93422
2. Representative: RTC, 7600 Morro Rd, Atascadero, CA 93422
462-1375
3. Project Address: 5310 Carrizo Rd, Atascadero, CA 93422
(San Luis Obispo County) APN 049-101-022
4. General Plan Designation: General Plan Designation: SFR-X (Single-Family
Residential, 0.5 net acre minimum lot size)
5. Zoning District: RSF-X (Residential Single-Family)
6. Site Area: 3-acres
7. Existing Use: Single-Family Residence
8. Environmental Status: Proposed Mitigated Negative Declaration 2004-0030
Background
On September 21, 2004, the Planning Commission reviewed the proposed project and
recommended approval to the City Council on a 6-0 vote. Prior to the City Council
hearing, a legal noticing error was brought to staff’s attention. As the noticing for the
Planning Commission did not meet the legal requirements prescribed by state law, the
City Council referred the project back to Planning Commission for re-hearing and
recommendation.
On November 3, 2004, the Planning Commission held a second public hearing on the
project and herd testimony from the public. Due to concerns related to traffic resulting
from a vehicular connection to Carrizo Rd, the Planning Commission referred the item
back to staff and the applicant to redesign the project to eliminate a through connection
to Carrizo Rd.
Based on Planning Commission direction, the applicant redesigned the project to
include the following:
Elimination of the through connection to Carrizo Rd.
Phased map and drainage basin design to allow for the development of the two
residences accessed by a shared driveway off of Carrizo Rd.
Option of connecting to sewer through adjacent project to the north or west.
ITEM NUMBER: B - 1
DATE: 01/11/05
The Planning Commission recommended approval to the City Council of the revised
project on a 5-0 vote.
Surrounding Land Use and Setting:
North: Residential Single-Family-X/PD-17 East: Residential Suburban
South: Residential Single-Family-X West: Residential Single-Family-X
The project site Single-Family Residential zoning is consistent with the General Plan.
The Zoning Ordinance allows the establishment of a Planned Development Overlay No.
17 (PD-17) in the single-family zone, which requires a minimum of 4 single-family units,
consistent with the PD-17 site development standards and appearance review, as
analyzed within this report.
Properties to the east are Suburban Estate with a 2.5-acre minimum lot size and
properties to the west and south are Residential Single-Family – X. The two adjacent
properties to the north are zoned Residential Single-Family – X with a PD-17 overlay
featuring traditional neighborhood layouts and colony style architecture and materials.
The project, as proposed, would be consistent with the Master Plan of Development for
the adjacent approved project. The project would connect to the adjacent development
and is designed to incorporate landscape and road design features consistent with
approved plans. The residences have been designed to be consistent with the more
traditional neighborhood design established with the adjacent project, to include
porches and detached garages throughout the proposed project.
ANALYSIS:
Project Definition
The proposed project consists of a twelve-lot residential subdivision on a 3-acre parcel
under the requirements of a PD-17 Overlay Zoning District. The proposed lot sizes
range from 8,730 to 14,770 square feet. The existing Colony home will be retained on
lot 1 and will be one of the affordable units offered. Consistent with previous Planning
Commission recommendations and Council action, staff has conditioned that a Historic
Overlay Zone be placed on Lot 1 to ensure preservation of the Colony Home.
ITEM NUMBER: B - 1
DATE: 01/11/05
Each home will have a two-car attached or detached garage with additional uncovered
spaces provided in the driveway that fulfill the guest-parking requirement. There are four
(4) additional on-street parking spaces provided in parallel parking pockets. Each unit is
consistent with the PD-17 requirement of providing a minimum 40% parcel landscaping
and building footprints of less than 35% of the parcel area. Proposed homes range in
size from approximately 1,811 to 2,297 square feet, excluding garages. Garage sizes
range from approximately 440 to 640 square feet with some garage plans including
additional home office/storage area above. A Master Plan of Development will include
all site development and architectural design standards for the project. The Master Plan
of Development will be approved in the form of a Conditional Use Permit as required by
the Zoning Ordinance. As conditioned any future amendments to the Master Plan of
Development will require City Council approval.
Project Summary Table
ITEM NUMBER: B - 1
DATE: 01/11/05
Appearance Review
Site Plan, Circulation, Parking
The site plan has been proposed to meet the requirements of the Atascadero Municipal
Code and the appearance review requirements of the General Plan. Planned
Development 17 requires specific building and garage setbacks. Staff has reviewed
each lot and building placement for setback consistency. The driveway off of Carrizo Rd
is designed to allow for the retention of an existing 10” native oak tree.
As previously discussed, access has been redesigned to eliminate vehicular
connectivity to Carrizo Rd. Three residences will take access off of Carrizo Road from a
shared driveway. The remaining nine residences will connect to projects on adjacent
parcels, providing access to El Camino Real.
ITEM NUMBER: B - 1
DATE: 01/11/05
Architecture, Materials, Color
The applicant is proposing 6 unique home designs with traditional Colony elements
consistent with the craftsman style of the existing residence. Four (4) wood sided
homes and two stucco sided homes are proposed, all with front porches and Craftsman
detailed roof elements. Porch designs vary amongst the unit designs with a variety of
column designs and materials consistent. Conditions of approval are included to ensure
design compatibility with the existing Colony Home and with the design standards set
forth in the Appearance Review Manual. All trash storage, recycling storage, and air
conditioning units will be screened from view behind fenced or landscaped enclosures.
The applicant has included the designs to include second floor office space above the
garages of Plans A, B, and C. No plumbing facilities are proposed within the proposed
spaces. The applicant has included a color and material sample board for each house
plan. Refer to Exhibit G for details.
Landscape Design
The preliminary landscape plan has been designed for compatibility with the
surrounding neighborhood and consistency with the adjacent developments. The site
landscaping plan includes a variety of native and accent trees. All front and street-facing
side yards shall be landscaped by the developer (CUP Condition 9). Individual property
owners will landscape back yards with the exception of lots 5, 6, and 7, which will be
landscaped by the applicant as a buffer to the adjacent Residential Suburban zoned
properties (Condition CUP 11). Landscape maintenance will be the responsibility of the
individual property owner.
ITEM NUMBER: B - 1
DATE: 01/11/05
Tree Protection
The project area includes a number of native trees that will require monitoring due to
construction impacts. Mitigation measures have been incorporated into the project to
reduce impact to native trees to a less than significant level (Mitigation Measures 4.e.1
and 4.e.2). No native oak trees are proposed for removal.
A condition has been included to utilize a 4-to 6-inch thick layer of mulch under the
driplines of all existing oak trees to be preserved. Compatible native or drought resistant
plant materials with special low-water irrigation systems may be installed under the tree
canopy, subject to review and written approval of the project tree arborist, and subject to
final staff approval (Condition Cup 11).
Site Drainage
The site is relatively flat with a slight slope toward the northwest portion of the property.
Drainage has been designed to flow into two on-site shallow drainage detention basins
located on lots 10 and 11. In addition, small basins have been added to lots 2 and 3 to
accommodate individual stormwater detention should the lots be developed prior to the
rear lots. The basins shall be landscaped by the applicant and maintained by the
homeowners’ association or other maintenance mechanism (Condition CUP 11).
Wastewater
The applicant has the option of extending sewer up Carrizo Rd or connecting to the
sewer facilities provided for adjacent projects.
Historic Preservation and Analysis
The project is outside the area identified within the 1930 Sanborn Insurance Maps for
the historic Atascadero Colony. According to the applicant, the home was constructed in
or around 1928.
Upon a site inspection by staff, it appears that the house retains a moderate level of
integrity, and is the builder’s interpretation of a simple vernacular style Craftsman
Bungalow, common in pattern books and popular magazines from about 1905 until the
early 1920s. Although a detailed historic evaluation has not been prepared, it appears
that the historic house exhibits local significance as an example of vernacular
Craftsman architecture. With the applicant’s proposal to retain and rehabilitate the
existing Colony House, staff has included a condition that any rehabilitation be
consistent with historic building rehabilitation standards (Condition CUP 10) and has
included a condition requiring a deed restriction preventing the site from being altered in
any manner that would degrade the significance of this historic house (CUP Condition
18, TTM Condition 13).
ITEM NUMBER: B - 1
DATE: 01/11/05
The standards apply to the garage addition and exterior rehabilitation of the Colony
house, retention of the on-site oak trees (proposed for retention), and landscape
improvements to the overall project site. For detailed information, the National Park
Service maintains a web site at http://www2.cr.nps.gov/tps/tax/rhb/. In addition, a copy
of the guidelines can be reviewed at the City’s Community Development Department.
Additionally, a condition has been included that a Historic Overlay Zone be established
on Lot 1 consistent with Planning Commission recommendations and City Council
actions on similar projects (Resolution PC 2004-0114).
Project Benefits
One of the required findings for approval of a planned development rezone is that the
project offers certain redeeming features to compensate for the requested modification.
The table below summarizes the City Council Planned Development Benefits Policy.
The City Council must find that the project meets all of the Tier 1 benefits as underlined
below to grant the requested Planned Development Overlay zone change. The project
also provides a Tier 2 benefit through the retention of the on-site Colony Home and
addition of the H Overlay to proposed Lot 1.
PD Location Tier 1 Benefits Tier 2 Benefits
Inside of Urban Core
PD-7
PD-17
Custom PD’s
a) Affordable / Workforce Housing
b) High Quality Architectural
Design
c) High Quality Landscape Design
d) Buffering between Urban and
Suburban zones (large lot sizes,
increased setbacks, landscape
buffers, etc.)
e) Higher density to meet Housing
Element goals
a) Pocket Parks in larger projects
b) Trails / Walkways for Pedestrian
Connectivity
c) Historic Preservation
Outside of Urban Core
Rural / Suburban Areas
PD-16
Custom PD’s
a) Natural Open Space Preservation a) Multi-Purpose Trails – Equestrian /
Bicycle / Pedestrian
b) Recreational Areas / Facilities
c) Historic Preservation
Affordable Housing
The City Council has implemented an interim inclusionary affordable housing program
to include a fixed percentage of units within residential developments that require a
legislative approval to be reserved as deed restricted affordable units. This program
requires the proposed project to provide two deed-restricted moderate-income units for
a 30-year period as follows (Condition CUP 13 and TTM 9).
Tentative Tract Map
A twelve (12)-lot tract map is proposed as part of the project consistent with the Master
Plan of Development. The Tract Map has been conditioned by staff and the City
Engineer to meet all City standards including street frontage improvements. The
applicant will be required to record CC&R’s for the map that will include maintenance
ITEM NUMBER: B - 1
DATE: 01/11/05
and access of any common areas, including the project drainage detention basins
(Condition CUP 17 and TTM 12).
General Plan Consistency
The proposed project is consistent with the following General Plan Land Use and
Housing Element Policies:
Land Use Policy 1.1: “Preserve the rural atmosphere of the community and assure
“elbow room” in areas designed for lower density development by guiding new
development into the Urban Core to conform to the historic Colony land use patterns of
the City and to respect the natural environment, hillside area and existing
neighborhoods”.
Land Use Policy 6.1: “Ensure that development does not degrade scenic and sensitive
areas, including historic sites, creeks, riparian corridors, wetlands, woodlands, hillsides,
and other valuable habitats.”
Land Use Policy 6.3: “Encourage conversation and preservation of neighborhoods,
Colony Homes, and sound housing, including places and buildings of historical and
architectural significance.”
Housing Element Policy 4.3: “Encourage attractive architecture and site landscaping
that respect terrain and native trees.”
In addition, the General Plan SFR-X land use designation permits a maximum density of
4.0 dwelling units per acre with the approval of the Planned Development Overlay Zone.
Implementing General Plan programs requires appearance review of architectural
design, materials, street trees, and landscaping to maintain and retain the rural
atmosphere and protect the environment, and incorporate architectural themes into the
site and building design. As analyzed above, the proposed project, as conditioned, is
consistent with the General Plan.
In staff’s opinion, the project is consistent with the goals and policies of the Land Use
Element and the Housing Element, with the inclusion of affordable units and the
retention of the existing Colony Home. The project will provide 11 new single-family
dwellings that fulfill an important housing need within the community. As conditioned,
the project incorporates architectural and landscape elements that are consistent with
the character of the surrounding neighborhood, and the General Plan’s appearance
review requirement.
Findings
Conditional Use Permit (Master Plan of Development)
As previously mentioned, a Master Plan of Development is required for the PD-17,
approved through the Conditional Use Permit process. The Conditional Use Permit
ITEM NUMBER: B - 1
DATE: 01/11/05
process provides the opportunity for the public and the Planning Commission to review
the specifics of land use proposals, such as architectural design, site design, landscape,
signage, and specific standards of the Zoning Ordinance. The following five findings
must be made to approve a Conditional Use Permit:
1. The proposed project or use is consistent with the General Plan and the City’s
Appearance Review Manual.
Staff Comment: The use and appearance is consistent with the single-family
residential designation of the Plan and General Plan Land Use Element Policy 1.1,
6.1, 6.3, and Housing Element Policy 4.3.
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance) including the PD-17 Ordinance.
Staff Comment: As conditioned, the project satisfies all PD-17 Zoning Code
provisions, incorporating high-quality neo-traditional architectural and neighborhood
design.
3. The establishment, and subsequent operation or conduct of the use will not,
because of the circumstances and conditions applied in the particular case, be
detrimental to the health, safety, or welfare of the general public or persons residing
or working in the neighborhood of the use, or be detrimental or injurious to property
or improvements in the vicinity of the use.
Staff Comment: The proposed residential project will not be detrimental to the
general public or working persons’ health, safety, or welfare.
4. That the proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development.
Staff Comment: The project has been designed to be consistent with the existing
neighborhood character and is designed to connect to the adjacent PD-17
development.
5. That the proposed use or project will not generate a volume of traffic beyond the
safe capacity of all roads providing access to the project, either existing or to be
improved in conjunction with the project, or beyond the normal traffic volume of the
surrounding neighborhood that would result from full development in accordance
with the Land Use Element.
Staff Comment: The proposed project and use is consistent with the traffic
projections and road improvements anticipated within the General Plan. A single-
family residential subdivision use in the proposed location is consistent and
compatible with the surrounding residential neighborhood. The General Plan
identifies this site as Single-Family Residential with a maximum density of 4.0
dwelling units per acre (du/ac) with a minimum lot area of 0.5 acres net. Smaller lot
ITEM NUMBER: B - 1
DATE: 01/11/05
sizes allowing up to 4.0 du/ac may be allowed through a Planned Development
Overlay.
Based on staff’s analysis in the preceding sections, it appears that all of the required
findings for approval of a Master Plan of Development (Conditional Use Permit) can be
made. The proposed 12 single-family homes on 3-acres include 2 affordable units deed
restricted at the moderate-income rate. The project is consistent with the City’s General
Plan Land Use and Housing elements.
Proposed Environmental Determination
Staff has prepared a Draft Mitigated Negative Declaration that was circulated to public
agencies and interested members of the public on July 21, 2004. The environmental
analysis identified concerns regarding potential impacts to aesthetics, air quality,
biology, cultural resources, geology and soils, water quality, noise, and traffic. Mitigation
measures pertaining to these areas are included. A finding is proposed that this project
would not have a significant effect on the environment based upon the implementation
of the identified mitigation measures.
Planning Commission recommends that the City Council certify Proposed Mitigated
Negative Declaration 2004-0030.
Conclusion
The proposed project is consistent with the General Plan and Atascadero Municipal
Code, as analyzed within this staff report. It is staff’s opinion that the proposed project,
as conditioned allows the City Council to make all of the required findings for project
approval.
FISCAL IMPACT:
The project is conditioned to fund all of it’s tract maintenance costs and contribute to the
funding of emergency services. As conditioned, the project is projected to be revenue
neutral to the City.
ALTERNATIVES:
1. The City Council may make modifications to the project and/or conditions of
approval.
2. The City Council may determine that more information is needed on some aspect
of the project and may refer the item back to the applicant and staff to develop
the additional information. The Council should clearly state the type of
information that is required and move to continue the item to a future date.
ITEM NUMBER: B - 1
DATE: 01/11/05
3. The Council may deny the project. The parcel would retain its designation of
Residential Single Family-X.
ATTACHMENTS:
Attachment 1: Location Map, Zoning, and General Plan
Attachment 2: Proposed Mitigated Negative Declaration and Initial Study
Attachment 3 Draft Resolution of Approval Proposed Mitigated Negative Declaration
Attachment 4: Draft Resolution of Approval Proposed Zoning Map Change
Attachment 5: Draft Resolution of Approval Proposed Master Plan of Development
Attachment 6: Draft Resolution of Approval Proposed Vesting Tentative Tract Map
ITEM NUMBER: B - 1
DATE: 01/11/05
Attachment 1: Location Map, General Plan, and Zoning
El Camino Real
Carrizo Road
U.S. Highway 101
RSF-X/PD17
RS
RMF-16
CPK
Project
Site
RS
RSF-X
Existing Designations:
-General Plan: Single Family Residential - X
-Zoning District: Residential Single-Family – X
Proposed Designations:
-General Plan: Single Family Residential - X
-Zoning District: Residential Single-Family – X/PD-17/HS
ITEM NUMBER: B - 1
DATE: 01/11/05
Attachment 2: Draft Mitigated Negative Declaration and Initial Study
See following
ITEM NUMBER: B - 1
DATE: 01/11/05
ATTACHMENT 3: Draft Resolution A
PD-17 Master Plan of Development (CUP 2004-0126)/ZCH2004-0078/TTM 2004-0048
Draft Mitigated Negative Declaration
DRAFT RESOLUTION A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, CERTIFYING PROPOSED MITIGATED
NEGATIVE DECLARATION 2004-0030 PREPARED FOR ZONE
CHANGE 2004-0078, CONDITIONAL USE PERMIT 2004-0126, AND
TENTATIVE TRACT MAP 2004-0048, APN 049-101-022
(5310 Carrizo Rd. / Griffin)
WHEREAS, an application has been received from Scott Griffin (5310 Carrizo Rd.,
Atascadero, CA 93422), Applicant and Property Owner, to consider a project consisting of a
zone change from RSF-X (Residential Single-Family) to RSF-X / PD-17 (Residential Single-
Family with Planned Development Overlay #17) with the adoption of a Master Plan of
Development, and a twelve lot Tentative Tract Map on APN 049-101-022; and,
WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2004-0030
were prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act (CEQA); and,
WHEREAS, the Planning Commission of the City of Atascadero held a public hearing
on December 7, 2004 following the close of the review period to consider the Initial Study and
Proposed Mitigated Negative Declaration; and,
WHEREAS, the City Council of the City of Atascadero held a public hearing on January
11, 2005, following the close of the review period, to consider the Initial Study and Proposed
Mitigated Negative Declaration; and,
NOW THEREFORE, the City Council of the City of Atascadero hereby resolves to
certify Proposed Mitigated Negative Declaration 2004-0030 based on the following Findings and
as shown in Exhibit A:
1. The Proposed Mitigated Negative Declaration has been completed in compliance
with CEQA; and,
2. The Proposed Mitigated Negative Declaration was presented to the Planning
Commission, and the information contained therein was considered by the
Planning Commission, prior to recommending action on the project for which it
was prepared; and,
3. The project does not have the potential to degrade the environment when
mitigation measures are incorporated into the project.
ITEM NUMBER: B - 1
DATE: 01/11/05
4. The project will not achieve short-term to the disadvantage of long-term
environmental goals.
5. The project does not have impacts which are individually limited, but
cumulatively considerable.
6. The project will not cause substantial adverse effects on human beings either
directly or indirectly.
On motion by Council Member ________________ and seconded by Council Member
________________, the foregoing Resolution is hereby adopted in its entirety on the following
roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:______________________________
Dr. George Luna, Mayor
ATTEST:
_______________________________________
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
_______________________________________
Thomas R. Gibson, Interim City Attorney
ITEM NUMBER: B - 1
DATE: 01/11/05
Exhibit A Proposed Mitigated Negative Declaration 2004-0030
ITEM NUMBER: B - 1
DATE: 01/11/05
ATTACHMENT 4: Draft Ordinance A
PD-17 Master Plan of Development (CUP 2003-0126)/ZCH 2004-0078
Approval of Proposed Zoning Map Change
DRAFT ORDINANCE A
ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA,
TO APPROVE ZONE CHANGE 2004-0078, AMENDING THE OFFICIAL
ZONING MAP DESIGNATION OF APN 049-101-022 FROM RSF-X
(RESIDENTIAL SINGLE FAMILY-X) TO RSF-X / PD-17 / HS
(RESIDENTIAL SINGLE FAMILY-X WITH PLANNED DEVELOPMENT
OVERLAY #17 AND HISTORIC SITE OVERLAY)
(5310 Carrizo Rd. / Griffin)
The City Council hereby finds and declares as follows:
WHEREAS, an application has been received from Scott Griffin (5310 Carrizo Rd.,
Atascadero, CA 93422), Applicant and Property Owner, to consider a project consisting of a
zone change from RSF-X (Residential Single-Family) to RSF-X / PD-17 (Residential Single-
Family with Planned Development Overlay #17) with the adoption of a Master Plan of
Development, and a twelve lot Tentative Tract Map on APN 049-101-022; and,
WHEREAS, the site’s General Plan Designation is SFR-X (Single-Family Residential -
X); and,
WHEREAS, the site’s current zoning district is RSF-X (Residential Single-Family); and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2004-0030 were
prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act (CEQA); and,
WHEREAS, CEQA review determined that the project site contains a historic resource
of local significance, requiring that a Historic Site overlay zone designation be placed over the
subject parcel as mitigation to reduce potential impacts to less than significant; and,
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact this amendment to the Official Zoning Map to protect the health, safety and welfare
of its citizens by applying orderly development of the City; and,
WHEREAS, 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,
ITEM NUMBER: B - 1
DATE: 01/11/05
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 December 7, 2004, studied and considered Zone Change 2004-0078,
after first studying and considering the Proposed Mitigated Negative Declaration prepared for the
project; and,
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on January 11, 2005, studied and considered Zone Change 2004-0078, after first studying
and considering the Proposed Mitigated Negative Declaration prepared for the project; and,
NOW THEREFORE, the Planning Commission of the City of Atascadero takes the
following actions:
SECTION 1. Findings for Approval of a Zone Change to the Official Zoning Map of
Atascadero Changing the existing site zoning to RSF-X/PD17/HS. The City Council finds as
follows:
1. Modification of development standards or processing requirements is warranted to
promote orderly and harmonious development.
2. Modification of development standards or processing requirements will enhance the
opportunity to best utilize special characteristics of an area and will have a beneficial
effect on the area.
3. Benefits derived from the overlay zone cannot be reasonably achieved through
existing development standards or processing requirements.
4. Proposed plans offer certain redeeming features to compensate for the requested
modification.
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session
assembled on January 11, 2005, resolved to introduce for first reading by title only, an ordinance
that would rezone the subject site consistent with the following:
1. Exhibit A: Zone Change Map
ITEM NUMBER: B - 1
DATE: 01/11/05
SECTION 3. A summary of this ordinance, approved by the City Attorney, together
with the ayes and noes, shall be published twice: at least five days prior to its final passage in
the Atascadero News, a newspaper published and circulated in the City of Atascadero, and;
before the expiration of fifteen (15) days after its final passage in the Atascadero News, a
newspaper published and circulated in the City of Atascadero. A copy of the full text of this
ordinance shall be on file in the City Clerk’s office on and after the date following introduction
and passage and shall be available to any interested member of the public.
INTRODUCED at a regular meeting of the City Council held on ____________, and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on
____________, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CITY OF ATASCADERO
By: ______________________________
Dr. George Luna, Mayor
ATTEST:
_______________________________________
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
_______________________________________
Thomas R. Gibson, Interim City Attorney
ITEM NUMBER: B - 1
DATE: 01/11/05
Exhibit A: Official Zoning Map Change 2004-0078 (Planned Development Overlay #17)
El Camino Real
Carrizo Road
U.S. Highway 101
RSF-X
RS
RMF-16
CPK
Project
Site
RS
RSF-X
Existing Designations:
-General Plan: Single Family Residential - X
-Zoning District: Residential Single-Family – X
Proposed Designations:
-General Plan: Single Family Residential - X
-Zoning District: Residential Single-Family – X/PD-17/HS
ITEM NUMBER: B - 1
DATE: 01/11/05
Exhibit A: Official Zoning Map Change 2004-0078: Project Site
Existing Designations:
-General Plan: Single Family Residential - X
-Zoning District: Residential Single-Family – X
Proposed Designations:
-General Plan: Single Family Residential - X
-Zoning District: Residential Single-Family – X/PD-17/HS
Project Site:
rezone to RSF-
X/PD-17
Lot 1: Historic
Overlay Zone
ITEM NUMBER: B - 1
DATE: 01/11/05
ATTACHMENT 5: Draft Resolution B
PD-7 Master Plan of Development (CUP 2004-0126)/ZCH 2004-0078
Proposed Master Plan of Development
DRAFT RESOLUTION B
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT 2004-0126 (MASTER PLAN OF
DEVELOPMENT) ON APN 049-101-022
(5310 Carrizo Rd. / Griffin)
WHEREAS, an application has been received from Scott Griffin (5310 Carrizo Rd.,
Atascadero, CA 93422), Applicant and Property Owner, to consider a project consisting of a
zone change from RSF-X (Residential Single-Family) to RSF-X / PD-17 (Residential Single-
Family with Planned Development Overlay #17) with the adoption of a Master Plan of
Development, and a twelve lot Tentative Tract Map on APN 049-101-022; and,
WHEREAS, the site’s General Plan Designation is SFR-X (Single-Family Residential -
X); and,
WHEREAS, the Planning Commission has recommended that the site’s zoning district
be changed from RSF-X to RSF-X/PD17/HS; and,
WHEREAS, the PD-17 overlay district requires a Master Plan of Development to be
approved in the form of a Conditional Use Permit; and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2004-0030 were
prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act (CEQA); and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional
Use Permit application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of
Development; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on December 7, 2004, studied and considered Conditional Use Permit 2004-
0126 (Master Plan of Development), after first studying and considering the Proposed Mitigated
Negative Declaration prepared for the project, and,
ITEM NUMBER: B - 1
DATE: 01/11/05
WHEREAS, the City COuncil of the City of Atascadero, at a duly noticed Public
Hearing held on January 11, 2005, studied and considered Conditional Use Permit 2004-0126
(Master Plan of Development), after first studying and considering the Proposed Mitigated
Negative Declaration prepared for the project, and,
NOW, THEREFORE, the City Council of the City of Atascadero takes the following
actions:
SECTION 1. Findings for Approval of Conditional Use Permit. The City Council
finds as follows:
1. The proposed project or use is consistent with the General Plan and the City’s
Appearance Review Manual; and,
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance) including the PD-17 Ordinance; and,
3. The establishment, and subsequent operation or conduct of the use will not, because
of the circumstances and conditions applied in the particular case, be detrimental to
the health, safety, or welfare of the general public or persons residing or working in
the neighborhood of the use, or be detrimental or injurious to property or
improvements in the vicinity of the use; and,
4. That the proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development; and,
5. That the proposed use or project will not generate a volume of traffic beyond the safe
capacity of all roads providing access to the project, either existing or to be improved
in conjunction with the project, or beyond the normal traffic volume of the
surrounding neighborhood that would result from full development in accordance
with the Land Use Element.
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular
session assembled on January 11, 2005, resolved to approve Conditional Use Permit 2004-0126
(Master Plan of Development) subject to the following:
1. EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program
2. EXHIBIT B: Master Plan of Development
3. EXHIBIT C: Statistical Project Summary
4. EXHIBIT D: Landscape Plan
5. EXHIBIT E: Tree Protection plan
6. EXHIBIT F: Grading and Drainage Plan
7. EXHIBIT G: Elevations, Floor Plans, Color and Materials
8. EXHIBIT H: Utility Plan
ITEM NUMBER: B - 1
DATE: 01/11/05
On motion by Council Member ________________ and seconded by Council Member
________________, the foregoing Resolution is hereby adopted in its entirety on the following
roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:______________________________
Dr. George Luna, Mayor
ATTEST:
_______________________________________
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
_______________________________________
Thomas R. Gibson, Interim City Attorney
ITEM NUMBER: B - 1
DATE: 01/11/05
EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program
PD-17 Master Plan of Development (CUP 2004-0126)/ZCH 2004-0078
Conditions of Approval /
Mitigation Monitoring Program
5310 Carrizo Rd
PD-17 Master Plan of Development
CUP 2004-0126/ZCH 2004-0078
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
Planning Services
1. The approval of this zone change and use permit shall become final
and effective following City Council approval.
BP PS
2. Approval of this Master Plan of Development shall be valid concurrently
with the life of Tentative Tract Map 2004-0048 and then indefinitely
following final map. The Master Plan of Development approval shall
expire and become null and void unless a final map is recorded
consistent with the Master Plan of Development.
FM PS
3. Subsequent changes to the Master Plan of Development shall be
approved by the City Council.
On-going PS
4. The Community Development Department shall have the authority to
approve the following minor changes to the project the (1) modify the
site plan project by less than 10%, (2) result in a superior site design or
appearance, and/or (3) address a construction design issue that is not
substantive to the Master Plan of Development. The Planning
Commission shall have the final authority to approve any other
changes to the Master Plan of Development and any associated
Tentative Maps.
BP / FM PS
5. All subsequent Maps and construction permits shall be consistent with
the Master Plan of Development contained herein.
BP / FM PS
6. The applicant shall defend, indemnify, and hold harmless the City of
Atascadero or its agents, officers, and employees against any claim or
action brought to challenge an approval by the city, or any of its
entities, concerning the project.
7. All exterior elevations, finish materials and colors shall be consistent
with the Master Plan of Development as shown in EXHIBITS G to
include the following, subject to staff approval:
Elevations for floor plan F shall be as presented on the on the floor
plans and elevations page, with square windows on the second
floor. Arch features shall be eliminated from over the garage doors
and windows.
Floor plan C shall eliminate or reduce the carport feature in front of
the garage. The garage façade shall be recessed a minimum of
10 from the front of the residence, consistent with PD-17
standards.
Final color selection shall be subject to staff approval.
BP PS
ITEM NUMBER: B - 1
DATE: 01/11/05
Conditions of Approval /
Mitigation Monitoring Program
5310 Carrizo Rd
PD-17 Master Plan of Development
CUP 2004-0126/ZCH 2004-0078
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
8. All site development shall be consistent with the maximum intensities
described in the statistical project summary as shown in EXHIBIT C.
BP/FM PS
9. All site work, grading, and site improvements shall be consistent with
the Master Plan of Development as shown in EXHIBIT B and F.
BP/FM PS
10. The historic Colony Home shall be restored as follows:
Prior to final of the proposed garage on Lot 1, any aluminum
windows on the original structure or previous additions shall be
replaced with wood windows consistent with the historic style of
the Colony Home, subject to staff approval.
The proposed garage on Lot 1 shall be subject to the Secretary
of the Interior’s guidelines for Historic Preservation and the
mitigation measures included in the Mitigated Negative
Declaration for the project.
11. A final landscape and irrigation plan shall be approved prior to the
issuance of building permits and included as part of site improvement
plan consistent with EXHIBITS B, D, and E. All exterior meters, air
conditioning units, and mechanical equipment shall be screened with
landscape material. Trash/recycle container areas shall be screened
with fencing or landscape.
The developer shall landscape all front and street-facing side yards. All
landscape maintenance shall be the responsibility of the individual
property owner.
All proposed tree locations, species, and sizes shall be as identified in
EXHIBITS D. Trees shall be double staked.
The drainage detention basin shall be landscaped by the
developer and maintained by the homeowner’s association or
other mechanism approved by the City.
Additional landscape buffering in the form of 15-gallon trees and
shrubs shall be planted along the eastern property lines of lots
5, 6, and 7, as feasible with plant selection, quantity, and
placement subject to staff approval.
Landscaping underneath the canopy of existing native oak trees
shall utilize a 4 to 6 inch thick layer of mulch. Only compatible
native or drought resistant plant materials with special low-water
irrigation systems may be installed under the tree canopy,
subject to review and written approval of the project tree
arborist, and subject to final staff approval.
BP PS
12. All project fencing shall be installed consistent with EXHIBIT B and D
subject to the following modifications.
The design of all fencing shall be compatible with the overall project
BP PS
ITEM NUMBER: B - 1
DATE: 01/11/05
Conditions of Approval /
Mitigation Monitoring Program
5310 Carrizo Rd
PD-17 Master Plan of Development
CUP 2004-0126/ZCH 2004-0078
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
design, subject to staff approval
13. Affordable Housing Requirement: The applicant shall designate 2 units
as moderate-income units, deed-restricted for a 30-year period. Such
units shall be located throughout the project, subject to planning staff
approval.
FM, BP PS, CE
14. Affordable Workforce Housing
Prior to recordation of final map, the applicant shall enter into a legal
agreement with the City to reserve ½ of the units for sale to residents
or workers within the City of Atascadero, including the affordable
units. The agreement shall include the following provisions:
The units shall be offered for sale to residents or workers within
the City of Atascadero for a minimum of 60-days. During this time
period offers may only be accepted from Atascadero residents or
workers;
The applicant shall provide reasonable proof to the City that at
least one of the qualified buyers is a resident or worker within the
City Limits of Atascadero;
The Atascadero resident or worker restriction shall apply to the
initial sale only;
The applicant shall identify which units will be reserved; and
The City Attorney shall approve the final form of the agreement.
FM, BP PS, CE
15. All exterior material finishes (stone, siding, stucco facades, accent
materials, lighting, garage doors) shall be durable, high quality, and
consistent with the architectural appearance of each home.
BP
PS
16. Deed notice shall be recorded with lots 4-12 notifying each property
owner that the on-site roadway shall be extended to serve future
subdivisions to the north and west.
BP, FM
PS, CE
17. Deed notification shall be applied to each of the new lots, notifying
homeowners that adjacent residential lots may be used for agricultural
purposes, including keeping of livestock animals, facilities and
equipment.
FM PS/CE
18. Prior to final map, the applicant shall submit CC&Rs for review and
approval by the Community Development Department. The CC&R’s
shall record with the Final Map and shall include the following:
a. Provisions for maintenance of all common areas including
access, parking, street trees, fencing and landscaping.
b. A detailed list of each individual homeowner’s
ITEM NUMBER: B - 1
DATE: 01/11/05
Conditions of Approval /
Mitigation Monitoring Program
5310 Carrizo Rd
PD-17 Master Plan of Development
CUP 2004-0126/ZCH 2004-0078
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
responsibilities for maintenance of the individual units.
c. Individual unit’s responsibility for keeping all trash
receptacles within the unit’s garage.
d. A provision for review and approval by the City Community
Development Department for any changes to the CC&R’s
that relate to the above requirements prior to the changes
being recorded or taking effect.
19. The emergency services and facility maintenance costs listed below
shall be 100% funded by the project in perpetuity. The service and
maintenance costs shall be funded through a community facilities
district established by the City at the developer's cost. The funding
mechanism must be in place prior to or concurrently with acceptance of
the final maps. The funding mechanism shall be approved by the City
Attorney, City Engineer and Administrative Services Director prior to
acceptance of any final map. The administration of the above
mentioned funds shall be by the City. Developer agrees to participate
in the community facilities district and to take all steps reasonably
required by the City with regard to the establishment of the district and
assessment of the property.
All Atascadero Police Department service costs to the project.
All Atascadero Fire Department service costs to the project.
Off-site common City of Atascadero park facilities maintenance
service costs related to the project
FM PS
20. All tract maintenance costs listed below shall be 100% funded by the
project in perpetuity. The service and maintenance cost shall be funded
through a Home Owners Association established by the developer
subject to City approval. The Home Owners Association must be in
place prior to, or concurrently with acceptance of any final maps. The
Home Owners Association shall be approved by the City Attorney, City
Engineer and Administrative Services Director prior to acceptance of
any Final Map. The administration of the above mentioned funds, and
the coordination and performance of maintenance activities, shall be
the responsibility of the Home Owners Association.
All streets, sidewalks, roads, and sewer mains within the project.
All drainage facilities and detention basins.
All common landscaping areas, street trees, medians, parkway
planters, manufactured slopes outside private yards, and other
similar facilities.
All frontage landscaping and sidewalks along arterial
FM PS
21. A deed restriction shall be required for Lot 1 preventing the site from
being altered in any manner that would degrade the significance of this
historic house. Any alterations to the Colony Home shall follow the
Secretary of the Interior standards for rehabilitation of historic
FM PS
ITEM NUMBER: B - 1
DATE: 01/11/05
Conditions of Approval /
Mitigation Monitoring Program
5310 Carrizo Rd
PD-17 Master Plan of Development
CUP 2004-0126/ZCH 2004-0078
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
structures.
Fire Marshal
22. Fire lanes shall be delineated to restrict parking as required by the
Fire Authority.
BP BS
23. The applicant shall provide two fire hydrants at a location approved
by the Fire Department.
Engineering Conditions:
PROJECT SPECIFIC CONDITIONS
Drainage:
24. Obtain approval by the City Engineer of the grading & drainage plan
and the storm drain design & facilities.
GP,BP CE
25. Submit calculations to support the design of any structures or pipes.
Closed conduits shall be designed to convey the 10-year flow with
gravity flow, the 25-year flow with head, and provide safe conveyance
for the 100 year overflow.
GP,BP CE
26. Provide for the detention of the 50 year developed storm runoff, while
metering out the 2 year undeveloped storm runoff.
GP,BP CE
27. Show the method of dispersal at all pipe outlets. Include specifications
for size & type.
GP,BP CE
28. Acquire drainage easements where needed. Drainage shall cross lot
lines only where a drainage easement has been provided.
GP,BP CE
29. Concentrated drainage from off-site areas shall be conveyed across
the project site in drainage easements. Acquire drainage easements
where needed. Drainage shall cross lot lines only where a drainage
easement has been provided. If drainage easement can not be
obtained the storm water release must follow the exact historic path,
rate and velocity as prior to the subdivision.
GP,BP CE
Public Improvements and Maintenance:
ITEM NUMBER: B - 1
DATE: 01/11/05
Conditions of Approval /
Mitigation Monitoring Program
5310 Carrizo Rd
PD-17 Master Plan of Development
CUP 2004-0126/ZCH 2004-0078
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
30. The applicant must provide for the repair and maintenance of on-site
shared improvements. This includes roads, sidewalks, street trees,
streetlights, private sewer system, drainage facilities, recreation areas
and common landscaping. The two methods that may be used are:
a. Homeowners Association. This private organization would be
responsible for the maintenance, repair and replacement of the
facilities.
b. Assessment District and Landscape and Lighting District. Funds for
the maintenance, repair and replacement of the facilities would be
collected on the property tax bill and distributed to the City.
The City Engineer and City Attorney shall approve the final form prior
to recordation.
FM CE
31. All public improvements shall be constructed in conformance with the
City of Atascadero Engineering Department Standard Specifications
and Drawings or as directed by the City Engineer.
GP,BP CE
32. Frontage improvements on Carrizo Road shall be constructed
consistent with the Tentative Tract Map.
GP,BP CE
33. Prior to issuance of building permits, the applicant shall submit a
grading and drainage plan with a separate sheet(s) devoted to
sedimentation and erosion control, prepared by a registered civil
engineer for review and approval by the City Engineer.
GP,BP CE
SANITARY SEWER CONDITIONS
34. The Public Works Department shall approve all wastewater facilities
prior to construction. This includes pumps, force mains, cleanouts,
manholes and connections.
GP,BP WW
35. Applicant shall pay sewer extension (annexation) fees upon issuance
of building permit. Sewer Connection and Reimbursement fees shall be
payable upon actual connection of the building sewer to the public
sewer system.
GP,BP WW
36. Gravity mains and other sewer facilities within the subdivision shall be
privately owned and maintained.
GP,BP WW
37. Gravity mains within the subdivision shall be eight (8) inches in
diameter.
GP,BP WW
STANDARD CONDITIONS
38. All public improvements shall be constructed in conformance with the
City of Atascadero Engineering Department Standard Specifications
and Drawings or as directed by the City Engineer.
GP,BP CE
ITEM NUMBER: B - 1
DATE: 01/11/05
Conditions of Approval /
Mitigation Monitoring Program
5310 Carrizo Rd
PD-17 Master Plan of Development
CUP 2004-0126/ZCH 2004-0078
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
39. In the event that the applicant is allowed to bond for the public
improvements required as a condition of this map, the applicant shall
enter into a Subdivision Improvement Agreement with the City Council.
FM CE
40. An engineer’s estimate of probable cost shall be submitted for review
and approval by the City Engineer to determine the amount of the
bond.
FM CE
41. The Subdivision Improvement Agreement shall record concurrently
with the Final Map.
FM CE
42. The applicant shall be responsible for the relocation and/or alteration of
existing utilities.
GP,BP CE
43. The applicant shall install all new utilities (water, gas, electric, cable TV
and telephone) underground. Utilities shall be extended to the property
line frontage of each lot or its public utility easement.
GP,BP CE
44. The applicant shall monument all property corners for construction
control and shall promptly replace them if disturbed.
FM CE
45. The applicant shall acquire title interest in any off-site land that may be
required to allow for the construction of the improvements. The
applicant shall bear all costs associated with the necessary
acquisitions. The applicant shall also gain concurrence from all
adjacent property owners whose ingress and egress is affected by
these improvements.
FM CE
46. Slope easements shall be provided as needed to accommodate cut of
fill slopes.
FM CE
47. Drainage easements shall be provided as needed to accommodate
both public and private drainage facilities.
FM CE
48. The final map shall be signed by the City Engineer prior to the map
being placed on the agenda for City Council acceptance.
FM CE
49. Prior to recording the tract map, the applicant shall submit a map
drawn in substantial conformance with the approved tentative map and
in compliance with all conditions set forth herein. The map shall be
submitted for review and approval by the City in accordance with the
Subdivision Map Act and the City's Subdivision Ordinance.
FM CE
50. Prior to recording the tract map, the applicant shall set monuments at
all new property corners. A registered civil engineer or licensed land
surveyor shall indicate by certificate on the parcel map, that corners
have been set or shall be set by a date specific and that they will be
sufficient to enable the survey to be retraced.
FM CE
51. Prior to recording the tract map, the applicant shall pay all outstanding
plan check/inspection fees
ITEM NUMBER: B - 1
DATE: 01/11/05
Conditions of Approval /
Mitigation Monitoring Program
5310 Carrizo Rd
PD-17 Master Plan of Development
CUP 2004-0126/ZCH 2004-0078
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
52. Prior to recording the map, the applicant shall complete all
improvements required by these conditions of approval.
FM CE
53. Prior to recording the tract map, the applicant shall have the map
reviewed by all applicable public and private utility companies (cable,
telephone, gas, electric, Atascadero Mutual Water Company). The
applicant shall obtain a letter from each utility company indicating their
review of the map. The letter shall identify any new easements that
may be required by the utility company. A copy of the letter shall be
submitted to the City. New easements shall be shown on the map.
FM CE
54. Upon recording the final map, the applicant shall provide the City with a
black line clear Mylar (0.4 mil) copy and a blue line print of the recorded
map.
FM CE
55. Prior to the final inspection of any public improvements, the applicant
shall submit a written statement from a registered civil engineer that all
work has been completed and is in full compliance with the approved
plans.
FM CE
56. Prior to the final inspection, the applicant shall submit a written
certification from a registered civil engineer or land surveyor that all
survey monuments have been set as shown on the final map.
GP,BP CE
57. An encroachment permit shall be obtained prior to any work within City
rights of way.
GP,BP CE
58. Prior to the issuance of building permits the applicant shall submit a
grading and drainage plan prepared by a registered civil engineer for
review and approval by the City Engineer.
GP,BP CE
59. No new lots shall be created without access and utilities provided. New
lots may be phased as access and utilities are provided. No lot
excepting those consistent with the Master Plan of Development, shall
be below the minimum lot size for the underlying zone.
FM CE
Atascadero Mutual Water Company
60. Before the issuance of building permits, the applicant shall submit
plans to AMWC for the water distribution facilities needed to serve
the project. AMWC shall review and approve the plans before
construction begins on the water system improvements. All water
distribution facilities shall be constructed in conformance with
AMWC Standards and Details and the California Waterworks
Standards (Code of Regulations Title 22, Division 4, Chapter 16).
All cross-connection devices shall conform to AWWA and California
Department of Health Services standards.
BP BS
ITEM NUMBER: B - 1
DATE: 01/11/05
Conditions of Approval /
Mitigation Monitoring Program
5310 Carrizo Rd
PD-17 Master Plan of Development
CUP 2004-0126/ZCH 2004-0078
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
61. Before the start of construction on the water system improvements,
the applicant shall pay all installation and connection fees required
by AMWC. Subject to the approval of AMWC, the applicant may
enter in to a “deferred connection” agreement.
BP BS
62. Before issuance of building permits, the applicant shall obtain a “Will
Serve” letter from AMWC for the newly created lots within the
subdivision.
BP BS
63. The water mains required to serve the project shall be laid out in a
grid or looped pattern and shall connect to the existing water mains
system in Carrizo (8” main) and to Tract 2577 (8” main) if possible.
BP BS
64. The applicant shall provide AMWC with easements for those water
facilities proposed for operation and maintenance by AMWC that are
constructed outside of publicly maintained right-of-ways. AMWC
shall review the form and content of the easements before
recordation.
65. The applicant shall submit a hydraulic analysis with the first plan
check submittal of the water system improvements for the project.
The analysis should take into account the fire flows required by the
Uniform Fire Code and requirements of the California Waterworks
Standards. The applicant is responsible for designing and
constructing water system improvements that will provide water at
pressures and flows adequate for the domestic and fire protection
needs of the project.
66. The applicant shall obtain a separate landscape-irrigation meter(s)
from AMWC for the common areas within the project.
67. Before construction of the water system improvements, AMWC shall
review and approve the irrigation plans for the common areas within
the project. The irrigation plan submittal shall include the following:
Landscape irrigation meter location and size.
Backflow prevention device type, location, and
manufacturer
Flow and precipitation rate for each circuit
Irrigation schedules including schedules for establishment
period and post establishment period
Total anticipated water application per circuit per month for
both schedules
Total landscape water application.
Use drip irrigation where ever possible
A check valve shall be installed on the lowest head in each
sprinkler circuit.
Mitigation Measures
Mitigation Measure 1.c.1: The following landscape mitigations shall apply:
Proposed fencing location and height shall comply with
BP BS, PS, CE 1.c.1
ITEM NUMBER: B - 1
DATE: 01/11/05
Conditions of Approval /
Mitigation Monitoring Program
5310 Carrizo Rd
PD-17 Master Plan of Development
CUP 2004-0126/ZCH 2004-0078
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
Atascadero Municipal Code.
The project landscaping shall include residential front yards, street
facing side yards.
All proposed trees shall be shade trees of a minimum 15-gallon
size and double staked.
Mitigation Measure 1.c.2: The proposed homes shall include the use of
earth-tone paint and roof colors designed to blend with the surrounding
residential environment and reduce the potential for reflected light and
glare.
BP BS, PS, CE 1.c.2
Mitigation Measure 1.d.1: If exterior street lighting is proposed, it shall be
designed to eliminate any off site glare. All exterior site lights shall utilize
full cut-off, “hooded” lighting fixtures to prevent offsite light spillage and
glare. Any luminaire pole height shall not exceed 14-feet in height, limit
intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot
candle minimum to 1.0 maximum within the private street. Fixtures shall be
shield cut-off type and compatible with neighborhood setting, subject to
staff approval.
In addition, individual exterior home-owner lighting shall be restricted
through CC&R’s and individual lot deed-restriction to prohibit high-intensity
lighting in excess of one-foot candle, limited in fixture height to not exceed
10 feet, and utilize full cut-off, “hooded” lighting fixtures to prevent offsite
light spillage and glare.
BP BS, PS, CE 1.d.1
Mitigation Measure 3.b.1: The project shall be conditioned to comply with
all applicable District regulations pertaining to the control of fugitive dust
(PM-10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air
Quality Handbook.
Section 6.3: Construction Equipment
Maintain all construction equipment in proper tune according to
manufacturer’s specifications.
Fuel all off-road and portable diesel powered equipment, including but
not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes,
generator sets, compressors, auxiliary power units, with ARB certified
motor vehicle diesel fuel (Non-taxed version suitable for use off-road).
Maximize to the extent feasible, the use of diesel construction
equipment meeting the ARB’s 1996 or newer certification standard for
off-road heavy-duty diesel engines.
Install diesel oxidation catalysts (DOC), catalyzed diesels particulate
filters (CDPF) or other District approved emission reduction retrofit
services (Required for projects grading more than 4.0 acres of
continuously worked area).
Section 6.4: Activity Management Techniques
Develop a comprehensive construction activity management plan
designed to minimize the amount of large construction equipment
operating during any given time period.
Schedule of construction truck trips during non-peak hours to reduce
BP, GP BS, PS, CE 3.b.1
ITEM NUMBER: B - 1
DATE: 01/11/05
Conditions of Approval /
Mitigation Monitoring Program
5310 Carrizo Rd
PD-17 Master Plan of Development
CUP 2004-0126/ZCH 2004-0078
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
peak hour emissions.
Limit the length of the construction workday period, if necessary.
Phase construction activities, if appropriate.
Section 6.5: Fugitive PM10
All of the following measures shall be included on grading, demolition and
building plan notes:
A. Reduce the amount of the disturbed area where possible.
B. Use of water trucks or sprinkler systems in sufficient quantities to
prevent airborne dust from leaving the site. Increased watering
frequency would be required whenever wind speeds exceed 15
mph. Reclaimed (non-potable) water should be used whenever
possible.
C. All dirt stockpile areas should be sprayed daily as needed.
D. Permanent dust control measures identified in the approved project
re-vegetation and landscape plans should be implemented as soon
as possible following completion of any soil disturbing activities.
E. Exposed ground areas that are planned to be reworked at dates
greater than one month after initial grading should be sown with a
fast-germinating native grass seed and watered until vegetation is
established.
F. All disturbed soil areas not subject to re-vegetation should be
stabilized using approved chemical soil binder, jute netting, or other
methods approved in advance by the APCD.
G. All roadways, driveways, sidewalks, etc, to be paved should be
complete as soon as possible. In addition, building pads should be
laid as soon as possible after grading unless seeding or soil binders
are used.
H. Vehicle speed for all construction vehicles shall not exceed 15 mph
on any unpaved surface at the construction site.
I. All trucks hauling dirt, sand, soil, or other loose materials are to be
covered or should maintain at least two feet of freeboard (minimum
vertical distance between top of load and top of trailer) in
accordance with CVC Section 23114.
J. Install wheel washers where vehicles enter and exit unpaved roads
onto streets, or was off trucks and equipment leaving the site.
K. Sweep streets at the end of each day if visible soil material is carried
onto adjacent paved roads. Water sweepers with reclaimed water
should be used where feasible.
L. The contractor or builder shall designate a person or persons to
monitor the dust control program and to order increased watering,
as necessary, to prevent transport of dust off site. The name and
telephone number of such persons shall be provided to the APCD
prior to land use clearance for map recordation and land use
clearance for finish grading of any structure.
Mitigation Measure 4.e.1: The building permit site plan shall identify all
protection and enhancement measures recommended by the Certified
Arborist in the Tree Protection Plan. Tree protection fencing shall be
installed at the locations called out in the Tree Protection Plan.
BP PS, BS, CE 4.e.1
Mitigation Measure 4.e.2: The developer shall contract with a certified
arborist during all phases of project implementation. The certified arborists
BP PS, BS, CE 4.e.2
ITEM NUMBER: B - 1
DATE: 01/11/05
Conditions of Approval /
Mitigation Monitoring Program
5310 Carrizo Rd
PD-17 Master Plan of Development
CUP 2004-0126/ZCH 2004-0078
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
shall be responsible for monitoring the project during all phases of
construction through project completion, as follows:
(a) A written agreement between the arborist and the developer outlining
a arborist monitoring schedule for each construction phase through
final inspection shall be submitted to and approved by planning staff
prior to the issuance of building/grading permits.
(b) Arborist shall schedule a pre-construction meeting with engineering
/planning staff, grading equipment operators, project superintendent to
review the project conditions and requirements prior to any grubbing or
earth work for any portion of the project site. All tree protection fencing
and trunk protection shall be installed for inspection during the
meeting. Tree protection fencing shall be installed at the line of
encroachment into the tree’s root zone area.
(c) As specified by the arborist report and City staff:
Fencing: Must be a minimum of 4’ high, chain link, snow or
safety fence staked at the drip-line or line of encroachment for
each tree or group of trees. Tree fencing shall be erected before
demolition, grading, or construction begins. The owner shall be
responsible for maintaining an erect fence throughout the
construction period. The arborist(s) shall inspect the fence
placement once it is erected. This is mandatory for this project.
Soil Aeration Methods: Soils under drip-lines that have been
compacted by heavy equipment and/or construction activities
must be returned to their original state before all work is
completed. Methods include water jetting, adding organic matter,
and boring small holes with an auger (18” deep, 2-3’ apart with a
2-4” auger) and the application of moderate amounts of nitrogen
fertilizer. The arborist shall advise.
Chip Mulch: All areas within the drip-line of the trees that cannot
be fenced shall receive a 4-6” layer of chip mulch to retain
moisture, soil structure and reduce the effects of soil compaction.
Trenching within the Drip-line: All trenching under drip-lines of
native trees shall be hand dug, augured, or bored. All major roots
shall be avoided whenever possible. All exposed roots larger than
1” in diameter shall be clean cut with a sharp pruning tool and not
left ragged.
Grading within drip-line: Grading should not encroach within the
drip-line. If grading is necessary, construction of retaining walls
or tree wells or other protection measures may be necessary to
insure the survivability of the trees. Chip mulch 4-6” in depth may
also be required in these areas. Grading should not disrupt the
normal drainage pattern around the trees. Fills should not create a
ponding condition and excavations should not leave the tree on a
rapidly draining mound. Grading shall be done by hand
underneath the drip-lines to avoid tearing any roots.
Exposed Roots: Any exposed roots shall be recovered the same
day they were exposed. If they cannot, they must be covered with
burlap or another suitable material and wetted down 2X per day.
Paving within the Drip-line: Pervious surfacing is preferred within
the dripline of any oak trees. Arborist(s) will advise.
ITEM NUMBER: B - 1
DATE: 01/11/05
Conditions of Approval /
Mitigation Monitoring Program
5310 Carrizo Rd
PD-17 Master Plan of Development
CUP 2004-0126/ZCH 2004-0078
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
Equipment Operation: Vehicles and all heavy equipment shall not
be driven under the trees, as this will contribute to soil
compaction.
Existing Surfaces: The existing ground surface within the drip-line
of all oak trees shall not be cut, filled, compacted, or pared.
Construction materials and waste: No liquid or solid construction
waste shall be dumped on the ground within the drip-line of any
oak tree.
Arborist Monitoring: An arborist shall be present for selected
activities (trees identified on spreadsheet – See attachment 5) and
pre-construction fence placement. The monitoring does not
necessarily have to be continuous but observational at times
during the above activities.
Pre-Construction Meeting: An on-site pre-construction meeting
with the Arborist, owner, planning staff, and the earth moving
team shall be required for this project. Prior to final occupancy, a
letter from the arborist shall be required verifying the
health/condition of all impacted trees and providing any
recommendations for any additional mitigation. The letter shall
verify that the arborist was on site for all grading and/or trenching
activity that encroached into the drip-line of the selected native
trees, and that all work done in these areas was completed to the
standards set forth above.
(d). Upon project completion and prior to final occupancy a final status
report shall be prepared by the project arborist certifying that the tree
protection plan was implemented, the trees designated for protection were
protected during construction, and the construction-related tree protection
measures are no longer required for tree protection.
Mitigation Measure 5.a.1: Replacement of any exterior materials or design
features on the original colony house shall be consistent with the Secretary
of the Interior's Standards and Illustrated Guidelines for Rehabilitating
Historic Buildings. This shall include the replacements of any doors and
windows with solid wood framing of similar design and appearance. Vinyl,
vinyl-cladding, and metal materials are not permitted.
BP PS, BS 5.a.1
Mitigation Measure 5.a.2: The proposed project shall include Covenants,
Conditions and Restrictions (CC&R’s) or equivalent mechanism that
incorporate the planned development conditions of approval to ensure that
the site retains the historic qualities (historic buildings, architecture, colors,
materials, fencing, and landscaping) over time.
BP PS, BS 5.a.2
Mitigation Measure 5.a.3: The new attached garage shall be constructed
on the colony house lot shall be of similar design as the existing original
wood sided house. The garage shall incorporate a pair of single or double-
hung wood windows on each side and wood door design. A wood door
may be added to any side. The garage door shall be constructed of wood
and have an architectural appearance similar to the colony home
architectural style. The garage door may be of roll-up function.
BP PS, BS 5.a.3
ITEM NUMBER: B - 1
DATE: 01/11/05
Conditions of Approval /
Mitigation Monitoring Program
5310 Carrizo Rd
PD-17 Master Plan of Development
CUP 2004-0126/ZCH 2004-0078
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
Mitigation Measure 5.b.1: Should any cultural resources be unearthed
during site development work, the provisions of CEQA -Section 15064.5,
will be followed to reduce impacts to a non-significant level.
BP PS, BS 5.b.1
Mitigation Measure 6.b.1: The grading permit application plans shall
include erosion control measures to prevent soil, dirt, and debris from
entering the storm drain system during and after construction. A separate
plan shall be submitted for this purpose and shall be subject to review and
approval of the City Engineer at the time of Building Permit application.
GP PS, BS, CE 6.b.1
Mitigation Measure 6.c.1: A soils report shall be required to be submitted
with a future building permit by the building department.
BP, GP PS, BS, CE 6.c.1
Mitigation Measure 8e.f.1: A Stormwater Pollution Prevention Plan
(SWPPP)/Erosion Control Plan shall be submitted and approved by the
City Engineer prior to the issuance of the building permit. The plan shall
include storm water measures for the operation and maintenance of the
project for the review and approval of the City Engineer. The Building
Permit application plans shall identify Best Management Practices (BMPs)
appropriate to the uses conducted on site that effectively prohibit the entry
of pollutants into storm water runoff.
GP PS, BS, CE 8.e.f.1
Mitigation Measure 8.e.f.2: The developer is responsible for ensuring that
all contractors are aware of all storm water quality measures and that such
measures are implemented. Failure to comply with the approved
construction Best Management Practices will result in the issuance of
correction notices, citations, or stop orders.
GP PS, BS, CE 8.e.f.2
Mitigation Measure 11.d.1: All construction activities shall comply with the
City of Atascadero Noise Ordinance for hours of operation, and as follows:
Construction activities shall be limited to the following hours of operation:
7 a.m. to 7 p.m. Monday through Friday
9 a.m. to 6 p.m. Saturday
No construction on Sunday
Further, particularly loud noises shall not occur before 8 a.m. on weekdays
and not at all on weekends.
The hours of construction may be modified by the Community
Development Director upon a determination that unusually loud
construction activities are having a significant impact on the neighbors.
Failure to comply with the above-described hours of operation may result in
withholding of inspections and possible construction prohibitions, subject to
the review and approval of the Community Development Director.
A sign shall be posted on-site with the hours of operation and a telephone
number of the person to be contacted in the event of any violations. The
details of such a sign shall be approved by staff during the Grading
Plan/Building Permit review process.
BP, GP PS, BS, CE 11.d.1
ITEM NUMBER: B - 1
DATE: 01/11/05
ITEM NUMBER: B - 1
DATE: 01/11/05
EXHIBIT B: Master Plan of Development
ITEM NUMBER: B - 1
DATE: 01/11/05
EXHIBIT C: Statistical Summary of Project
Proposed Project Summary
ITEM NUMBER: B - 1
DATE: 01/11/05
EXHIBIT D: Landscape Plan
ITEM NUMBER: B - 1
DATE: 01/11/05
EXHIBIT E: Tree Protection Plan
ITEM NUMBER: B - 1
DATE: 01/11/05
EXHIBIT F: Grading and Drainage Plan
ITEM NUMBER:
DATE: 1/11/05
EXHIBIT G: Elevations, Floor Plans, Color and Materials (Plan A)
ITEM NUMBER: B - 1
DATE: 01/11/05
EXHIBIT G: Elevations, Floor Plans, Color and Materials (Plan A)
ITEM NUMBER: B - 1
DATE: 01/11/05
EXHIBIT G: Elevations, Floor Plans, Color and Materials (Plan B)
ITEM NUMBER: B - 1
DATE: 01/11/05
EXHIBIT G: Elevations, Floor Plans, Color and Materials (Plan B)
ITEM NUMBER: B - 1
DATE: 01/11/05
EXHIBIT G: Elevations, Floor Plans, Color and Materials (Plan C)
ITEM NUMBER: B - 1
DATE: 01/11/05
EXHIBIT G: Elevations, Floor Plans, Color and Materials (Plan C)
ITEM NUMBER: B - 1
DATE: 01/11/05
EXHIBIT G: Elevations, Floor Plans, Color and Materials (Plan D)
ITEM NUMBER: B - 1
DATE: 01/11/05
EXHIBIT G: Elevations, Floor Plans, Color and Materials (Plan D)
ITEM NUMBER: B - 1
DATE: 01/11/05
EXHIBIT G: Elevations, Floor Plans, Color and Materials (Plan E)
ITEM NUMBER: B - 1
DATE: 01/11/05
EXHIBIT G: Elevations, Floor Plans, Color and Materials (Plan E)
ITEM NUMBER: B - 1
DATE: 01/11/05
EXHIBIT G: Elevations, Floor Plans, Color and Materials (Plan F)
ITEM NUMBER: B - 1
DATE: 01/11/05
EXHIBIT G: Elevations, Floor Plans, Color and Materials (Plan F)
ITEM NUMBER: B - 1
DATE: 01/11/05
EXHIBIT H: Utility Plan
ITEM NUMBER: B - 1
DATE: 01/11/05
ATTACHMENT 6: Draft Resolution C
ZCH 2004-0078/TTM 2004-0048
Proposed Vesting Tentative Tract Map
DRAFT RESOLUTION C
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING
TENTATIVE TRACT MAP 2004-0048, A TWELVE LOT SUBDIVISION
CONSISTENT WITH A PD-17 MASTER PLAN OF DEVELOPMENT ON
APN 049-101-022
(5310 Carrizo Rd. / Griffin)
WHEREAS, an application has been received from Scott Griffin (5310 Carrizo Rd.,
Atascadero, CA 93422), Applicant and Property Owner, to consider a project consisting of a
zone change from RSF-X (Residential Single-Family) to RSF-X / PD-17 (Residential Single-
Family with Planned Development Overlay #17) with the adoption of a Master Plan of
Development, and a twelve lot residential Tentative Tract Map on APN 049-101-022; and,
WHEREAS, the site’s General Plan Designation is SFR-X (Single-Family Residential -
X); and,
WHEREAS, the Planning Commission has recommended that the site’s zoning district
be changed from RSF-X to RSF-X/PD17/HS; and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2004-0030 were
prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act (CEQA); and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative
Tract Map application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said application; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on December 7, 2004, studied and considered Tentative Tract Map 2004-
0048, after first studying and considering the Proposed Mitigated Negative Declaration prepared
for the project; and,
ITEM NUMBER: B - 1
DATE: 01/11/05
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on January 11, 2005, studied and considered Tentative Tract Map 2004-0048, after first
studying and considering the Proposed Mitigated Negative Declaration prepared for the project;
and,
NOW, THEREFORE, the City Council of the City of Atascadero takes the following
actions:
SECTION 1. Findings of Approval for Tentative Tract Map, the City Council finds
as follows:
1. The proposed subdivision, design and improvements as conditioned, is consistent with
the General Plan and applicable zoning requirements.
2. The proposed subdivision, as conditioned, is consistent with the proposed Planned
Development Overlay District #17 Master Plan of Development (CUP 2004-0126).
3. The site is physically suitable for the type of development proposed.
4. The site is physically suitable for the density of development proposed.
5. The design and improvement of the proposed subdivision will not cause substantial
environmental damage or substantially and unavoidably injure fish and wildlife or their
habitat.
6. The design of the subdivision will not conflict with easements acquired by the public at
large for access through, or the use of property within, the proposed subdivision; or
substantially equivalent alternative easements are provided.
7. Covenants, Conditions and Restrictions (CC&R’s) shall be required that incorporate the
planned development conditions of approval to ensure that the site retains the qualities
(architecture, colors, materials, street amenities, fencing, and landscaping) over time.
8. The proposed subdivision design and type of improvements proposed will not be
detrimental to the health, safety, or welfare of the general public.
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular
session assembled on January 11, 2005, resolved to approve Tentative Tract Map (TTM 2004-
0048) subject to the following:
1. Exhibit A: Tentative Tract Map 2004-0048
2. Exhibit B: Conditions of Approval / Mitigation Monitoring Program.
ITEM NUMBER: B - 1
DATE: 01/11/05
On motion by Council Member ________________ and seconded by Council Member
________________, the foregoing Resolution is hereby adopted in its entirety on the following
roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:______________________________
George Luna, Mayor
ATTEST:
_______________________________________
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
_______________________________________
Thomas R. Gibson, Interim City Attorney
ITEM NUMBER: B - 1
DATE: 01/11/05
Exhibit A: Vesting Tentative Tract Map 2004-0048
ITEM NUMBER: B - 1
DATE: 01/11/05
Exhibit B: Conditions of Approval / Mitigation Monitoring Program
Tentative Tract Map 2004-0048
Conditions of Approval /
Mitigation Monitoring Program
5310 Carrizo Rd
Tentative Tract Map
TTM 2004-0048
Timing
GP: Grading Permit
BP: Building Permit
SIP: Subdivision
Improvement Plans
FM: Final Map
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
Mitigation
Measure
Planning Services
1. The approval of this Tentative Tract Map shall not become final and
effective following approval of Zone Change 2004-0078 and CUP
2003-0126.
FM PS
2. Approval of this Tentative Tract Map shall be valid for two years after
its effective date. At the end of the period, the approval shall expire and
become null and void unless an extension of time is granted pursuant
to a written request received prior to the expiration date.
FM
PS
3. The Community Development Department shall have the authority to
approve minor changes to the project that (1) result in a superior site
design or appearance, and/or (2) address a design issue that is not
substantive to the Tentative Tract Map and that the Final Map is in
substantial conformance with the Tentative Map.
FM
PS
4. The Tract Map shall be subject to additional fees for park or recreation
purposes (QUIMBY Act) as required by City Ordinance.
FM
PS
5. The applicant shall record CC&R’s for the subdivision subject to the
review and approval of the City Engineer, City Attorney, and Planning
Services. The CC&R’s shall identify the maintenance responsibilities of
all private driveways, sewer facilities, drainage facilities, common
parking areas, site lighting, landscape areas, fencing, and other
common facilities. The CC&R’s shall also state that all exterior colors,
exterior materials, yard fencing, and site landscaping shall be
consistent with the overall master plan of development. Any
subsequent changes to the CC&R’s, related to items required by the
Master Plan of Development or this approval, shall be subject to City
approval, and including those provisions outlined in Condition 12 of this
section.
FM
PS
6. The granting of this entitlement shall apply to the property located at
5310 Carrizo Rd (APN 049-101-022) regardless of owner.
On going PS
7. The subdivider shall defend, indemnify, and hold harmless the City of
Atascadero or its agents, officers, and employees against any claim or
action brought to challenge an approval by the city, or any of its
entities, concerning the subdivision.
8. The Final Map shall be drawn in substantial conformance with the
approved tentative map, and in compliance with all conditions set forth
herein, shall be submitted for review and approval in accordance with
FM PS
ITEM NUMBER: B - 1
DATE: 01/11/05
Conditions of Approval /
Mitigation Monitoring Program
5310 Carrizo Rd
Tentative Tract Map
TTM 2004-0048
Timing
GP: Grading Permit
BP: Building Permit
SIP: Subdivision
Improvement Plans
FM: Final Map
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
Mitigation
Measure
the Subdivision Map Act and the City’s Subdivision Ordinance.
9. Affordable Housing Requirement: The applicant shall designate 2 units
as moderate-income units, deed-restricted for a 30-year period. Such
units shall be located throughout the project, subject to planning staff
approval.
FM PS, CE
10. Deed notice shall be recorded with lots 4-12 notifying each property
owner that the on-site roadway shall be extended to serve future
subdivisions to the west and north.
FM PS, CE
11. Deed notification shall be applied to each of the new lots, notifying
homeowners that adjacent residential lots may be used for
agricultural purposes, including keeping of livestock animals,
facilities and equipment.
FM PS/CE
12. Affordable Workforce Housing
Prior to recordation of final map, the applicant shall enter into a legal
agreement with the City to reserve ½ of the units for sale to residents
or workers within the City of Atascadero, including the affordable
units. The agreement shall include the following provisions:
The units shall be offered for sale to residents or workers within
the City of Atascadero for a minimum of 60-days. During this time
period offers may only be accepted from Atascadero residents or
workers;
The applicant shall provide reasonable proof to the City that at
least one of the qualified buyers is a resident or worker within the
City Limits of Atascadero;
The Atascadero resident or worker restriction shall apply to the
initial sale only;
The applicant shall identify which units will be reserved; and
The City Attorney shall approve the final form of the agreement.
FM PS, CE
13. Prior to final map, the applicant shall submit CC&Rs for review and
approval by the Community Development Department. The CC&R’s
shall record with the Final Map and shall include the following:
a. Provisions for maintenance of all common areas including
access, parking, street trees, fencing and landscaping.
b. A detailed list of each individual homeowner’s
responsibilities for maintenance of the individual units.
ITEM NUMBER: B - 1
DATE: 01/11/05
Conditions of Approval /
Mitigation Monitoring Program
5310 Carrizo Rd
Tentative Tract Map
TTM 2004-0048
Timing
GP: Grading Permit
BP: Building Permit
SIP: Subdivision
Improvement Plans
FM: Final Map
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
Mitigation
Measure
c. Individual unit’s responsibility for keeping all trash
receptacles within the unit’s garage.
d. A provision for review and approval by the City Community
Development Department for any changes to the CC&R’s
that relate to the above requirements prior to the changes
being recorded or taking effect.
14. The emergency services and facility maintenance costs listed below
shall be 100% funded by the project in perpetuity. The service and
maintenance costs shall be funded through a community facilities
district established by the City at the developer's cost. The funding
mechanism must be in place prior to or concurrently with acceptance of
the final maps. The funding mechanism shall be approved by the City
Attorney, City Engineer and Administrative Services Director prior to
acceptance of any final map. The administration of the above
mentioned funds shall be by the City. Developer agrees to participate
in the community facilities district and to take all steps reasonably
required by the City with regard to the establishment of the district and
assessment of the property.
All Atascadero Police Department service costs to the project.
All Atascadero Fire Department service costs to the project.
Off-site common City of Atascadero park facilities maintenance
service costs related to the project.
FM PS
15. All tract maintenance costs listed below shall be 100% funded by the
project in perpetuity. The service and maintenance cost shall be funded
through a Home Owners Association established by the developer
subject to City approval. The Home Owners Association must be in
place prior to, or concurrently with acceptance of any final maps. The
Home Owners Association shall be approved by the City Attorney, City
Engineer and Administrative Services Director prior to acceptance of
any Final Map. The administration of the above mentioned funds, and
the coordination and performance of maintenance activities, shall be
the responsibility of the Home Owners Association.
All streets, sidewalks, roads, and sewer mains within the project.
All drainage facilities and detention basins.
All common landscaping areas, street trees, medians, parkway
planters, manufactured slopes outside private yards, and other
similar facilities.
All frontage landscaping and sidewalks along arterial streets
FM PS
16. A deed restriction shall be required for Lot 1 preventing the site from
being altered in any manner that would degrade the significance of this
FM PS
ITEM NUMBER: B - 1
DATE: 01/11/05
Conditions of Approval /
Mitigation Monitoring Program
5310 Carrizo Rd
Tentative Tract Map
TTM 2004-0048
Timing
GP: Grading Permit
BP: Building Permit
SIP: Subdivision
Improvement Plans
FM: Final Map
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
Mitigation
Measure
historic house. Any alterations to the Colony Home shall follow the
Secretary of the Interior standards for rehabilitation of historic
structures
Fire Marshal
17. Fire lanes shall be delineated to restrict parking as required by the
Fire Authority.
BP BS
18. The applicant shall provide two fire hydrants at a location approved
by the Fire Department.
Engineering Conditions:
PROJECT SPECIFIC CONDITIONS
Drainage:
19. Obtain approval by the City Engineer of the grading & drainage plan
and the storm drain design & facilities.
GP,BP CE
20. Submit calculations to support the design of any structures or pipes.
Closed conduits shall be designed to convey the 10-year flow with
gravity flow, the 25-year flow with head, and provide safe conveyance
for the 100 year overflow.
GP,BP CE
21. Provide for the detention of the 50 year developed storm runoff, while
metering out the 2 year undeveloped storm runoff.
GP,BP CE
22. Show the method of dispersal at all pipe outlets. Include specifications
for size & type.
GP,BP CE
23. Acquire drainage easements where needed. Drainage shall cross lot
lines only where a drainage easement has been provided.
GP,BP CE
24. Concentrated drainage from off-site areas shall be conveyed across
the project site in drainage easements. Acquire drainage easements
where needed. Drainage shall cross lot lines only where a drainage
easement has been provided. If drainage easement can not be
obtained the storm water release must follow the exact historic path,
rate and velocity as prior to the subdivision.
GP,BP CE
Public Improvements and Maintenance:
ITEM NUMBER: B - 1
DATE: 01/11/05
Conditions of Approval /
Mitigation Monitoring Program
5310 Carrizo Rd
Tentative Tract Map
TTM 2004-0048
Timing
GP: Grading Permit
BP: Building Permit
SIP: Subdivision
Improvement Plans
FM: Final Map
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
Mitigation
Measure
25. The applicant must provide for the repair and maintenance of on-site
shared improvements. This includes roads, sidewalks, street trees,
streetlights, private sewer system, drainage facilities, recreation areas
and common landscaping. The two methods that may be used are:
a. Homeowners Association. This private organization would be
responsible for the maintenance, repair and replacement of the
facilities.
b. Assessment District and Landscape and Lighting District. Funds for
the maintenance, repair and replacement of the facilities would be
collected on the property tax bill and distributed to the City.
The City Engineer and City Attorney shall approve the final form prior
to recordation.
FM CE
26. All public improvements shall be constructed in conformance with the
City of Atascadero Engineering Department Standard Specifications
and Drawings or as directed by the City Engineer.
GP,BP CE
27. Frontage improvements on Carrizo Road shall be constructed
consistent with the Tentative Tract Map.
GP,BP CE
28. Prior to issuance of building permits, the applicant shall submit a
grading and drainage plan with a separate sheet(s) devoted to
sedimentation and erosion control, prepared by a registered civil
engineer for review and approval by the City Engineer.
GP,BP CE
SANITARY SEWER CONDITIONS
29. The Public Works Department shall approve all wastewater facilities
prior to construction. This includes pumps, force mains, cleanouts,
manholes and connections.
GP,BP WW
30. Applicant shall pay sewer extension (annexation) fees upon issuance
of building permit. Sewer Connection and Reimbursement fees shall be
payable upon actual connection of the building sewer to the public
sewer system.
GP,BP WW
31. Gravity mains and other sewer facilities within the subdivision shall be
privately owned and maintained.
GP,BP WW
32. Gravity mains within the subdivision shall be eight (8) inches in
diameter.
GP,BP WW
STANDARD CONDITIONS
ITEM NUMBER: B - 1
DATE: 01/11/05
Conditions of Approval /
Mitigation Monitoring Program
5310 Carrizo Rd
Tentative Tract Map
TTM 2004-0048
Timing
GP: Grading Permit
BP: Building Permit
SIP: Subdivision
Improvement Plans
FM: Final Map
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
Mitigation
Measure
33. All public improvements shall be constructed in conformance with the
City of Atascadero Engineering Department Standard Specifications
and Drawings or as directed by the City Engineer.
GP,BP CE
34. In the event that the applicant is allowed to bond for the public
improvements required as a condition of this map, the applicant shall
enter into a Subdivision Improvement Agreement with the City Council.
FM CE
35. An engineer’s estimate of probable cost shall be submitted for review
and approval by the City Engineer to determine the amount of the
bond.
FM CE
36. The Subdivision Improvement Agreement shall record concurrently
with the Final Map.
FM CE
37. The applicant shall be responsible for the relocation and/or alteration of
existing utilities.
GP,BP CE
38. The applicant shall install all new utilities (water, gas, electric, cable TV
and telephone) underground. Utilities shall be extended to the property
line frontage of each lot or its public utility easement.
GP,BP CE
39. The applicant shall monument all property corners for construction
control and shall promptly replace them if disturbed.
FM CE
40. The applicant shall acquire title interest in any off-site land that may be
required to allow for the construction of the improvements. The
applicant shall bear all costs associated with the necessary
acquisitions. The applicant shall also gain concurrence from all
adjacent property owners whose ingress and egress is affected by
these improvements.
FM CE
41. Slope easements shall be provided as needed to accommodate cut of
fill slopes.
FM CE
42. Drainage easements shall be provided as needed to accommodate
both public and private drainage facilities.
FM CE
43. The final map shall be signed by the City Engineer prior to the map
being placed on the agenda for City Council acceptance.
FM CE
44. Prior to recording the tract map, the applicant shall submit a map
drawn in substantial conformance with the approved tentative map and
in compliance with all conditions set forth herein. The map shall be
submitted for review and approval by the City in accordance with the
Subdivision Map Act and the City's Subdivision Ordinance.
FM CE
45. Prior to recording the tract map, the applicant shall set monuments at
all new property corners. A registered civil engineer or licensed land
FM CE
ITEM NUMBER: B - 1
DATE: 01/11/05
Conditions of Approval /
Mitigation Monitoring Program
5310 Carrizo Rd
Tentative Tract Map
TTM 2004-0048
Timing
GP: Grading Permit
BP: Building Permit
SIP: Subdivision
Improvement Plans
FM: Final Map
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
Mitigation
Measure
surveyor shall indicate by certificate on the parcel map, that corners
have been set or shall be set by a date specific and that they will be
sufficient to enable the survey to be retraced.
46. Prior to recording the tract map, the applicant shall pay all outstanding
plan check/inspection fees
47. Prior to recording the map, the applicant shall complete all
improvements required by these conditions of approval.
FM CE
48. Prior to recording the tract map, the applicant shall have the map
reviewed by all applicable public and private utility companies (cable,
telephone, gas, electric, Atascadero Mutual Water Company). The
applicant shall obtain a letter from each utility company indicating their
review of the map. The letter shall identify any new easements that
may be required by the utility company. A copy of the letter shall be
submitted to the City. New easements shall be shown on the map.
FM CE
49. Upon recording the final map, the applicant shall provide the City with a
black line clear Mylar (0.4 mil) copy and a blue line print of the recorded
map.
FM CE
50. Prior to the final inspection of any public improvements, the applicant
shall submit a written statement from a registered civil engineer that all
work has been completed and is in full compliance with the approved
plans.
FM CE
51. Prior to the final inspection, the applicant shall submit a written
certification from a registered civil engineer or land surveyor that all
survey monuments have been set as shown on the final map.
GP,BP CE
52. An encroachment permit shall be obtained prior to any work within City
rights of way.
GP,BP CE
53. Prior to the issuance of building permits the applicant shall submit a
grading and drainage plan prepared by a registered civil engineer for
review and approval by the City Engineer.
GP,BP CE
54. No new lots shall be created without access and utilities provided. New
lots may be phased as access and utilities are provided. No lot
excepting those consistent with the Master Plan of Development, shall
be below the minimum lot size for the underlying zone.
FM CE
Atascadero Mutual Water Company
ITEM NUMBER: B - 1
DATE: 01/11/05
Conditions of Approval /
Mitigation Monitoring Program
5310 Carrizo Rd
Tentative Tract Map
TTM 2004-0048
Timing
GP: Grading Permit
BP: Building Permit
SIP: Subdivision
Improvement Plans
FM: Final Map
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
Mitigation
Measure
55. Before the issuance of building permits, the applicant shall submit
plans to AMWC for the water distribution facilities needed to serve
the project. AMWC shall review and approve the plans before
construction begins on the water system improvements. All water
distribution facilities shall be constructed in conformance with
AMWC Standards and Details and the California Waterworks
Standards (Code of Regulations Title 22, Division 4, Chapter 16).
All cross-connection devices shall conform to AWWA and California
Department of Health Services standards.
BP BS
56. Before the start of construction on the water system improvements,
the applicant shall pay all installation and connection fees required
by AMWC. Subject to the approval of AMWC, the applicant may
enter in to a “deferred connection” agreement.
BP BS
57. Before issuance of building permits, the applicant shall obtain a “Will
Serve” letter from AMWC for the newly created lots within the
subdivision.
BP BS
58. The water mains required to serve the project shall be laid out in a
grid or looped pattern and shall connect to the existing water mains
system in Carrizo (8” main) and to Tract 2577 (8” main) if possible.
BP BS
59. The applicant shall provide AMWC with easements for those water
facilities proposed for operation and maintenance by AMWC that are
constructed outside of publicly maintained right-of-ways. AMWC
shall review the form and content of the easements before
recordation.
60. The applicant shall submit a hydraulic analysis with the first plan
check submittal of the water system improvements for the project.
The analysis should take into account the fire flows required by the
Uniform Fire Code and requirements of the California Waterworks
Standards. The applicant is responsible for designing and
constructing water system improvements that will provide water at
pressures and flows adequate for the domestic and fire protection
needs of the project.
61. The applicant shall obtain a separate landscape-irrigation meter(s)
from AMWC for the common areas within the project.
ITEM NUMBER: B - 1
DATE: 01/11/05
Conditions of Approval /
Mitigation Monitoring Program
5310 Carrizo Rd
Tentative Tract Map
TTM 2004-0048
Timing
GP: Grading Permit
BP: Building Permit
SIP: Subdivision
Improvement Plans
FM: Final Map
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
Mitigation
Measure
62. Before construction of the water system improvements, AMWC shall
review and approve the irrigation plans for the common areas within
the project. The irrigation plan submittal shall include the following:
Landscape irrigation meter location and size.
Backflow prevention device type, location, and
manufacturer
Flow and precipitation rate for each circuit
Irrigation schedules including schedules for
establishment period and post establishment period
Total anticipated water application per circuit per month
for both schedules
Total landscape water application.
Use drip irrigation where ever possible
A check valve shall be installed on the lowest head in
each sprinkler circuit.
Mitigation Measures
Mitigation Measure 1.c.1: The following landscape mitigations shall apply:
Proposed fencing location and height shall comply with
Atascadero Municipal Code.
The project landscaping shall include residential front yards, street
facing side yards.
All proposed trees shall be shade trees of a minimum 15-gallon
size and double staked.
BP BS, PS, CE 1.c.1
Mitigation Measure 1.c.2: The proposed homes shall include the use of
earth-tone paint and roof colors designed to blend with the surrounding
residential environment and reduce the potential for reflected light and
glare.
BP BS, PS, CE 1.c.2
Mitigation Measure 1.d.1: If exterior street lighting is proposed, it shall be
designed to eliminate any off site glare. All exterior site lights shall utilize
full cut-off, “hooded” lighting fixtures to prevent offsite light spillage and
glare. Any luminaire pole height shall not exceed 14-feet in height, limit
intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot
candle minimum to 1.0 maximum within the private street. Fixtures shall be
shield cut-off type and compatible with neighborhood setting, subject to
staff approval.
In addition, individual exterior home-owner lighting shall be restricted
through CC&R’s and individual lot deed-restriction to prohibit high-intensity
lighting in excess of one-foot candle, limited in fixture height to not exceed
10 feet, and utilize full cut-off, “hooded” lighting fixtures to prevent offsite
light spillage and glare.
BP BS, PS, CE 1.d.1
ITEM NUMBER: B - 1
DATE: 01/11/05
Conditions of Approval /
Mitigation Monitoring Program
5310 Carrizo Rd
Tentative Tract Map
TTM 2004-0048
Timing
GP: Grading Permit
BP: Building Permit
SIP: Subdivision
Improvement Plans
FM: Final Map
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
Mitigation
Measure
Mitigation Measure 3.b.1: The project shall be conditioned to comply with
all applicable District regulations pertaining to the control of fugitive dust
(PM-10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air
Quality Handbook.
Section 6.3: Construction Equipment
Maintain all construction equipment in proper tune according to
manufacturer’s specifications.
Fuel all off-road and portable diesel powered equipment, including but
not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes,
generator sets, compressors, auxiliary power units, with ARB certified
motor vehicle diesel fuel (Non-taxed version suitable for use off-road).
Maximize to the extent feasible, the use of diesel construction
equipment meeting the ARB’s 1996 or newer certification standard for
off-road heavy-duty diesel engines.
Install diesel oxidation catalysts (DOC), catalyzed diesels particulate
filters (CDPF) or other District approved emission reduction retrofit
services (Required for projects grading more than 4.0 acres of
continuously worked area).
Section 6.4: Activity Management Techniques
Develop a comprehensive construction activity management plan
designed to minimize the amount of large construction equipment
operating during any given time period.
Schedule of construction truck trips during non-peak hours to reduce
peak hour emissions.
Limit the length of the construction workday period, if necessary.
Phase construction activities, if appropriate.
Section 6.5: Fugitive PM10
All of the following measures shall be included on grading, demolition and
building plan notes:
A. Reduce the amount of the disturbed area where possible.
B. Use of water trucks or sprinkler systems in sufficient
quantities to prevent airborne dust from leaving the site.
Increased watering frequency would be required whenever
wind speeds exceed 15 mph. Reclaimed (non-potable) water
should be used whenever possible.
C. All dirt stockpile areas should be sprayed daily as needed.
D. Permanent dust control measures identified in the approved
project re-vegetation and landscape plans should be
implemented as soon as possible following completion of any
soil disturbing activities.
E. Exposed ground areas that are planned to be reworked at
dates greater than one month after initial grading should be
sown with a fast-germinating native grass seed and watered
until vegetation is established.
F. All disturbed soil areas not subject to re-vegetation should be
stabilized using approved chemical soil binder, jute netting, or
other methods approved in advance by the APCD.
BP, GP BS, PS, CE 3.b.1
ITEM NUMBER: B - 1
DATE: 01/11/05
Conditions of Approval /
Mitigation Monitoring Program
5310 Carrizo Rd
Tentative Tract Map
TTM 2004-0048
Timing
GP: Grading Permit
BP: Building Permit
SIP: Subdivision
Improvement Plans
FM: Final Map
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
Mitigation
Measure
G. All roadways, driveways, sidewalks, etc, to be paved should
be complete as soon as possible. In addition, building pads
should be laid as soon as possible after grading unless
seeding or soil binders are used.
H. Vehicle speed for all construction vehicles shall not exceed
15 mph on any unpaved surface at the construction site.
I. All trucks hauling dirt, sand, soil, or other loose materials are
to be covered or should maintain at least two feet of
freeboard (minimum vertical distance between top of load and
top of trailer) in accordance with CVC Section 23114.
J. Install wheel washers where vehicles enter and exit unpaved
roads onto streets, or was off trucks and equipment leaving
the site.
K. Sweep streets at the end of each day if visible soil material is
carried onto adjacent paved roads. Water sweepers with
reclaimed water should be used where feasible.
L. The contractor or builder shall designate a person or persons
to monitor the dust control program and to order increased
watering, as necessary, to prevent transport of dust off site.
The name and telephone number of such persons shall be
provided to the APCD prior to land use clearance for map
recordation and land use clearance for finish grading of any
structure.
Mitigation Measure 4.e.1: The building permit site plan shall identify all
protection and enhancement measures recommended by the Certified
Arborist in the Tree Protection Plan. Tree protection fencing shall be
installed at the locations called out in the Tree Protection Plan.
BP PS, BS, CE 4.e.1
Mitigation Measure 4.e.2: The developer shall contract with a certified
arborist during all phases of project implementation. The certified arborists
shall be responsible for monitoring the project during all phases of
construction through project completion, as follows:
(a) A written agreement between the arborist and the developer outlining
a arborist monitoring schedule for each construction phase through
final inspection shall be submitted to and approved by planning staff
prior to the issuance of building/grading permits.
(b) Arborist shall schedule a pre-construction meeting with engineering
/planning staff, grading equipment operators, project superintendent to
review the project conditions and requirements prior to any grubbing or
earth work for any portion of the project site. All tree protection fencing
and trunk protection shall be installed for inspection during the
meeting. Tree protection fencing shall be installed at the line of
encroachment into the tree’s root zone area.
(c) As specified by the arborist report and City staff:
Fencing: Must be a minimum of 4’ high, chain link, snow or
safety fence staked at the drip-line or line of encroachment for
each tree or group of trees. Tree fencing shall be erected before
BP PS, BS, CE 4.e.2
ITEM NUMBER: B - 1
DATE: 01/11/05
Conditions of Approval /
Mitigation Monitoring Program
5310 Carrizo Rd
Tentative Tract Map
TTM 2004-0048
Timing
GP: Grading Permit
BP: Building Permit
SIP: Subdivision
Improvement Plans
FM: Final Map
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
Mitigation
Measure
demolition, grading, or construction begins. The owner shall be
responsible for maintaining an erect fence throughout the
construction period. The arborist(s) shall inspect the fence
placement once it is erected. This is mandatory for this project.
Soil Aeration Methods: Soils under drip-lines that have been
compacted by heavy equipment and/or construction activities
must be returned to their original state before all work is
completed. Methods include water jetting, adding organic matter,
and boring small holes with an auger (18” deep, 2-3’ apart with a
2-4” auger) and the application of moderate amounts of nitrogen
fertilizer. The arborist shall advise.
Chip Mulch: All areas within the drip-line of the trees that cannot
be fenced shall receive a 4-6” layer of chip mulch to retain
moisture, soil structure and reduce the effects of soil compaction.
Trenching within the Drip-line: All trenching under drip-lines of
native trees shall be hand dug, augured, or bored. All major roots
shall be avoided whenever possible. All exposed roots larger than
1” in diameter shall be clean cut with a sharp pruning tool and not
left ragged.
Grading within drip-line: Grading should not encroach within the
drip-line. If grading is necessary, construction of retaining walls
or tree wells or other protection measures may be necessary to
insure the survivability of the trees. Chip mulch 4-6” in depth may
also be required in these areas. Grading should not disrupt the
normal drainage pattern around the trees. Fills should not create a
ponding condition and excavations should not leave the tree on a
rapidly draining mound. Grading shall be done by hand
underneath the drip-lines to avoid tearing any roots.
Exposed Roots: Any exposed roots shall be recovered the same
day they were exposed. If they cannot, they must be covered with
burlap or another suitable material and wetted down 2X per day.
Paving within the Drip-line: Pervious surfacing is preferred within
the dripline of any oak trees. Arborist(s) will advise.
Equipment Operation: Vehicles and all heavy equipment shall not
be driven under the trees, as this will contribute to soil
compaction.
Existing Surfaces: The existing ground surface within the drip-line
of all oak trees shall not be cut, filled, compacted, or pared.
Construction materials and waste: No liquid or solid construction
waste shall be dumped on the ground within the drip-line of any
oak tree.
Arborist Monitoring: An arborist shall be present for selected
activities (trees identified on spreadsheet – See attachment 5) and
pre-construction fence placement. The monitoring does not
necessarily have to be continuous but observational at times
during the above activities.
Pre-Construction Meeting: An on-site pre-construction meeting
with the Arborist, owner, planning staff, and the earth moving
team shall be required for this project. Prior to final occupancy, a
letter from the arborist shall be required verifying the
health/condition of all impacted trees and providing any
recommendations for any additional mitigation. The letter shall
ITEM NUMBER: B - 1
DATE: 01/11/05
Conditions of Approval /
Mitigation Monitoring Program
5310 Carrizo Rd
Tentative Tract Map
TTM 2004-0048
Timing
GP: Grading Permit
BP: Building Permit
SIP: Subdivision
Improvement Plans
FM: Final Map
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
Mitigation
Measure
verify that the arborist was on site for all grading and/or trenching
activity that encroached into the drip-line of the selected native
trees, and that all work done in these areas was completed to the
standards set forth above.
(d). Upon project completion and prior to final occupancy a final status
report shall be prepared by the project arborist certifying that the tree
protection plan was implemented, the trees designated for protection were
protected during construction, and the construction-related tree protection
measures are no longer required for tree protection.
Mitigation Measure 5.a.1: Replacement of any exterior materials or design
features on the original colony house shall be consistent with the Secretary
of the Interior's Standards and Illustrated Guidelines for Rehabilitating
Historic Buildings. This shall include the replacements of any doors and
windows with solid wood framing of similar design and appearance. Vinyl,
vinyl-cladding, and metal materials are not permitted.
BP PS, BS 5.a.1
Mitigation Measure 5.a.2: The proposed project shall include Covenants,
Conditions and Restrictions (CC&R’s) or equivalent mechanism that
incorporate the planned development conditions of approval to ensure that
the site retains the historic qualities (historic buildings, architecture, colors,
materials, fencing, and landscaping) over time.
BP PS, BS 5.a.2
Mitigation Measure 5.a.3: The new attached garage shall be constructed
on the colony house lot shall be of similar design as the existing original
wood sided house. The garage shall incorporate a pair of single or double-
hung wood windows on each side and wood door design. A wood door
may be added to any side. The garage door shall be constructed of wood
and have an architectural appearance similar to the colony home
architectural style. The garage door may be of roll-up function.
BP PS, BS 5.a.3
Mitigation Measure 5.b.1: Should any cultural resources be unearthed
during site development work, the provisions of CEQA -Section 15064.5,
will be followed to reduce impacts to a non-significant level.
BP PS, BS 5.b.1
Mitigation Measure 6.b.1: The grading permit application plans shall
include erosion control measures to prevent soil, dirt, and debris from
entering the storm drain system during and after construction. A separate
plan shall be submitted for this purpose and shall be subject to review and
approval of the City Engineer at the time of Building Permit application.
GP PS, BS, CE 6.b.1
Mitigation Measure 6.c.1: A soils report shall be required to be submitted
with a future building permit by the building department.
BP, GP PS, BS, CE 6.c.1
ITEM NUMBER: B - 1
DATE: 01/11/05
Conditions of Approval /
Mitigation Monitoring Program
5310 Carrizo Rd
Tentative Tract Map
TTM 2004-0048
Timing
GP: Grading Permit
BP: Building Permit
SIP: Subdivision
Improvement Plans
FM: Final Map
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
Mitigation
Measure
Mitigation Measure 8e.f.1: A Stormwater Pollution Prevention Plan
(SWPPP)/Erosion Control Plan shall be submitted and approved by the
City Engineer prior to the issuance of the building permit. The plan shall
include storm water measures for the operation and maintenance of the
project for the review and approval of the City Engineer. The Building
Permit application plans shall identify Best Management Practices (BMPs)
appropriate to the uses conducted on site that effectively prohibit the entry
of pollutants into storm water runoff.
GP PS, BS, CE 8.e.f.1
Mitigation Measure 8.e.f.2: The developer is responsible for ensuring that
all contractors are aware of all storm water quality measures and that such
measures are implemented. Failure to comply with the approved
construction Best Management Practices will result in the issuance of
correction notices, citations, or stop orders.
GP PS, BS, CE 8.e.f.2
Mitigation Measure 11.d.1: All construction activities shall comply with the
City of Atascadero Noise Ordinance for hours of operation, and as follows:
Construction activities shall be limited to the following hours of operation:
7 a.m. to 7 p.m. Monday through Friday
9 a.m. to 6 p.m. Saturday
No construction on Sunday
Further, particularly loud noises shall not occur before 8 a.m. on weekdays
and not at all on weekends.
The hours of construction may be modified by the Community
Development Director upon a determination that unusually loud
construction activities are having a significant impact on the neighbors.
Failure to comply with the above-described hours of operation may result in
withholding of inspections and possible construction prohibitions, subject to
the review and approval of the Community Development Director.
A sign shall be posted on-site with the hours of operation and a telephone
number of the person to be contacted in the event of any violations. The
details of such a sign shall be approved by staff during the Grading
Plan/Building Permit review process.
BP, GP PS, BS, CE 11.d.1
ITEM NUMBER: C - 1
DATE: 01/11/05
Atascadero City Council
Staff Report – Public Works Department
Via Tortuga and Calle Refugio
Request for Road Acceptance
RECOMMENDATION:
Council reject the request to accept the offers of dedication of Via Tortuga and Calle
Refugio.
DISCUSSION:
The original owner of Via Tortuga/Calle Refugio (Tract 1753) has requested that the
City Council reconsider accepting the offers of dedication of the subdivision streets.
Background: The Via Tortuga/Calle Refugio Tract is a 23 lot residential subdivision
between Atascadero Ave and Coromar Road. The subdivision has two interior streets,
Calle Refugio and Via Tortuga. The street right-of-way width is 40 feet with 28 feet from
curb to curb for two 10 foot travel lanes and one 8 foot parking lane. The City Council
approved the Final Map and rejected the “Offer of Dedication” for the roads in 1997.
Listed below is a history of the Public Process and Approvals the Final Map went
through.
Tentative Tract Map 14-89 with “Conditions of Approval” was approved by the City
Council on February 13, 1990.
Tentative Tract Map 14-89 was granted several time extensions by the Planning
Commission through the 1990’s.
City Engineer sent memo to Owner on April 15, 1997 requiring the City Council
Statement of the Final Map to state: “The roads will be rejected”.
Letter from Central Coast Engineering (Owners Engineer) dated April 28, 1997
stating the City Council Statement of the Final Map has been changed to “reject the
road dedications” and the Owner had signed the Final Map and had his signature
notarized.
ITEM NUMBER: C - 1
DATE: 01/11/05
The Owner of the subdivision, Ernest Clark Iverson, signs Final Map with rejection of
road dedication, and has signature notarized, on April 25, 1997
The Final Map was approved by the City Council on June 10, 1997 (see Attachment
“B”).
In short, the City Council rejection was on the map when Mr. Iverson signed the Final
Map and therefore, he was aware at the time the City was not accepting the street.
There was also opportunity for public comment and review at the Planning Commission
and City Council meetings.
Although the issue is clear on the Final Map, the reason there is some level of
contention rests in that the original “Conditions of Approvals” of the Tentative Tract Map
14-89 did address the acceptance of the streets as follows:
“The new roads shall be constructed to City Standard and shall be accepted into the
City maintained mileage after the required one year maintenance period, as determined
by the City Engineer.”
This condition, however, was written before Council had adopted a policy of not
accepting offers of dedication for streets when there is not a funding mechanism in
place to maintain the streets. This policy change occurred between the time the
tentative tract map was originally filed and the date the Final Map was approved by the
council. The reason for the policy change was the City was in a critical fiscal situation
and was making many cost saving decisions. This policy still is in effect today. Streets
are not accepted unless there is a specific revenue stream established for
improvements.
Staff has received a petition from Oak Ridge Homeowners requesting the City Council
reconsider and accept the offer of dedication when the roads are brought into a state of
good repair by Mr. Iverson. Even if this were the case, there is still not a funding stream
for ongoing maintenance. Additionally accepting the road may set a precedent that
other neighborhoods could follow which could significantly increase the existing street
maintenance backlog.
Conclusion:
Acceptance of Calle Refugio and Via Tortuga offers of dedication would be inconsistent
with Council policy of not accepting new road maintenance liabilities without funding in
place.
FISCAL IMPACT:
1. If the offer of dedication is rejected, there is no fiscal impact.
2. If the offer of dedication is accepted without a revenue stream for maintenance, there
would be the cost to maintain the road.
ITEM NUMBER: C - 1
DATE: 01/11/05
ALTERNATIVES:
1. Accept the offer of dedication when long term maintenance of the road is funded.
2. Accept the offer of dedication when the road is brought into a state of good
repair. This would entail a slurry seal of the asphalt surface, minor subsidence
repair and curb painting.
3. Accept the offer of dedication.
ATTACHMENTS:
1. Tentative Tract Map 1753
2. Final Tract Map 1753
3. Oak Ridge Homeowners Petition
ITEM NUMBER: C - 2
DATE: 01/11/05
Atascadero City Council
Staff Report – Administrative Services
2005-07 Budget Priorities
RECOMMENDATIONS:
Council:
1. Hear community priorities for the 2005-2007 budget.
2. Discuss community and Council priorities for the 2005-07 budget.
DISCUSSION:
The Process:
The City of Atascadero uses a strategic planning approach to the budget program. The
City maintains a two year budget to provide for a longer term financial strategy and to
reduce the administrative work load of producing a budget annually. The budget is
created from a series of strategic planning workshops, the first being with the City
Council. The Council, in its strategic planning workshop, adopts organizational priorities
which the department managers and individual operating departments then turn into
programs for implementation.
Tonight’s hearing is the first step in the process. This hearing serves a couple of
purposes. First, it provides an opportunity for staff to share initial information with the
Council and community about the prior year’s revenues and expenditures and
projections for the coming year. Second, it is an opportunity for community members to
discuss desired programs, recommend programs they think should be discontinued,
and clarify their priorities for City services. Finally, the hearing gives the Council an
opportunity to begin discussing priorities for the upcoming budget. As the State
continues to deal with its financial crisis and City revenues lag behind projections, there
is little opportunity for expanded programs, and the City may have to reevaluate some
existing service levels. Council priorities form the basis for review as the budget is
formulated.
ITEM NUMBER: C - 2
DATE: 01/11/05
Concurrent with the budget process, employees are continuing work on their cost
savings/revenue enhancement plans. The employees initiated a program in July 2004
which identified potential opportunities for cost savings and revenue enhancements.
Many of these programs have been implemented and many more are being evaluated.
Staff has a goal to positively impact the budget by $700,000.
Financial Condition:
The City has pursued a conservative financial strategy for several years in anticipation
of the fiscal crisis in which the State has found itself. The City set aside funds in
preparation for a downturn in revenue and maintained a relatively flat growth rate in
terms of service improvements. Although Proposition 1A was passed by the voters and
will protect future raids of local government revenues by the State for a two year period,
the State will take more than $300,000 per year from the City to balance the State
budget. These funds are in addition to the existing property tax shift where the State
now takes approximately $400,000 annually from the City’s share of property tax to
balance the State budget.
In addition to State takeaways, including the $460,000 VLF Gap, some City revenues
did not keep pace with projections last year. Sales taxes were down $160,000 or 4% off
estimates, and revenues from building activities were down $189,000 or 16%. Property
taxes came in more than projected by 150,000 or 5%. The State takeaways and general
downturn in revenues caused General Fund revenues overall to come in at $890,000, or
6% lower than projected.
Department expenditures continued to be within budget although there were some
impacts by special projects and earthquake repairs. The City will be reimbursed for the
earthquake expenditures by OES/FEMA although the reimbursement process takes
time and administration. The City has several large projects during the upcoming
budget cycle because of the earthquake, including the City Hall repairs and the
construction of the Youth/Community Center. All of the City’s employee agreements
expire June 30, 2005 and must be negotiated in the coming months.
Current Priorities:
The Council will review current priorities and set future priorities in its strategic planning
workshop and follow up Council meetings where plans are discussed and ratified.
Current priorities include:
o Revitalize Downtown
o Construct a Youth/Community Center
o Repair City Hall
o Improve the roads
o Maintain Public Safety
o Streamline Development Permits
o Pursue Open Space
ITEM NUMBER: C - 2
DATE: 01/11/05
The City Council’s Financial Strategy is attached. This strategy along with the
Comprehensive Financial Strategy and reserve policy will be used by the departments
in budget development. The Financial Strategy calls for maintaining the current level of
City services and to explore opportunities for increasing the revenue base and reducing
expenditures. The largest expenditure of the City budget is personnel costs as the City
is primarily a service business. Like most businesses these days, those costs are
increasing.
This Public Hearing:
Staff is looking for Council and community input at tonight’s meeting. This input forms
the foundation of the budget development process. As new programs are considered or
service cuts contemplated, Council priorities will be respected. The final draft budget to
be submitted in late May or June will include programs to implement the Council
priorities and will use those priorities in managing resources.
FISCAL IMPACT:
No fiscal impact.
ATTACHMENTS:
Financial Strategy
Atascadero
Comprehensive Financial Strategy
June 2004
Financial Strategy
YearsDollars
Expenses Revenues
City of Atascadero
Financial Strategy- June 2004
Introduction:
The City of Atascadero has experienced its share of financial challenges over the last
few decades. In the early 1990’s a sharp slow down of the economy devastated the
City’s budget and brought the staff to a skeleton crew. The terrorist acts in 2001 again
stalled the economy, and the state budget crisis of the early 2000’s continue to cloud
the future. The importance of a well-defined financial strategy has become painfully
clear. The responsibility to maintain a strong organization is shared community wide,
but as the City Council and City employees, we agree to be the leaders in this effort.
The Council has shown great leadership through its conservative strategy to ensure a
sustainable future and not repeat the mistakes of the past.
As with all successful businesses, we need a plan. A Comprehensive Financial Plan is
one of the first steps in building a solid foundation upon which to move into the future.
The City first adopted a Financial Strategy in 1998 and the results of having a plan have
become clear. The City has focused its resources and improved its financial condition
dramatically.
The Financial Plan should outline general strategies and guidelines to mold the City’s
decisions. The plan should identify actions and describe our current belief of the
organizational needs. However, it should also be flexible so as we complete the studies
and analysis of our organization, and uncover additional information and issues, we can
refine our direction and efforts. The plan requires periodic updating to insure the City’s
financial strategy remains current and reflects the priorities of the citizenry.
The overall strategy has consistently been
to maintain a conservative outlook by putting
aside reserves in good times and then using
those reserves during down periods to
achieve stable operations. Although the
economy has shown strong growth in recent
years, the condition of the state budget is
proving to weigh heavily on the backs of the
cities. By employing this conservative
strategy, the City can avoid the undesirable
peaks and valleys in expenditures that
plague the revenues and can better
maintain its long-term financial vitality.
The first section of this plan reviews some of the major revenues for the City.
Approximately 67% of the City’s revenue comes from property taxes, sales taxes, and
motor vehicle in lieu. The historical and regional information regarding the revenues is
presented here.
The second section analyzes several operating costs and the associated reserves. The
organization must retain some reserves to deal with cash flow issues, personnel,
equipment, liabilities, and other unexpected expenses. Having a prudent plan to deal
Atascadero June 2004
Comprehensive Financial Strategy
Introduction, Page 2
with ongoing operating costs and reserves will allow the Council and community to
understand and discuss levels of risk in the City’s financial operation. The more
comprehensive the reserves, the lower the risk. That is to say, do we want a reserve
big enough to operate on for a year, six months, or just to cover cash flow? When do
we want to be able to replace roads or buildings?
The last section sets forth the City’s fiscal policies. These policies guide our budget
process, projects, purchases and general City business. The City has taken a variety of
steps to improve its financial condition including Strategic Planning, increasing reserves,
revenue enhancement, employee benefit payouts, and the initiation of the Roads
Program. Staff continues to search for ideas to enhance the strength of the
organization.
As we noted, all businesses must have a plan to succeed. This plan keeps our focus
toward our real mission for the future and has helped us build a new foundation. The
plan is dynamic and we expect change. Improvements will occur and we invite ideas
from anyone and everywhere. Our underlying belief is that through our collective
knowledge and teamwork we can build a stronger financial foundation that will withstand
adversity.
Atascadero
Comprehensive Financial Strategy
June 2004
Section 1- Significant Revenues
Atascadero June 2004
Comprehensive Financial Strategy
Section 1, Page 1
Significant Revenues
Introduction:
This section reviews the City’s Property Tax, Sales Tax and Motor Vehicle in Lieu
revenues. These three revenue sources make up two thirds of total General Fund
revenues, with all remaining revenue sources making up the final third. Currently,
Property Tax represents nearly 26% of the General Fund revenue, Sales Tax
represents 28% of the General Fund revenue, and Motor Vehicle In Lieu Fees
represents 13% of the General Fund revenue.
Analysis:
Property Tax
The County collects Property Tax and the City’s proportionate share is distributed to the
City in December of each year. In 1979, one year before the City’s incorporation,
California voters passed Proposition 13 limiting general property taxes to 1% of the
assessed value of property. Prior to Proposition 13, property tax had been the major
revenue to cities. In the early 1990’s the State took away a portion of the local property
taxes to balance the State budget. This had an impact on Atascadero of approximately
$300,000 a year, growing annually. The State also approved legislation authorizing
counties to charge cities an administrative fee for tax collection. In this fiscal year, the
City will pay $94,765 in general property tax administrative fees to the County.
The graph below depicts the City’s Property Tax history since 1992. The City receives
17.7% of the 1% Property Tax assessed against each property. A single-family house
with a value of $350,000 would mean $619 in revenue to the City. A commercial or
industrial building with a value of $5 million would mean $8,850 in revenue to the City.
For perspective, the cost of one Police Officer for one shift (8 hours) is approximately
$630.
$-
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
$3,500,000
1989-19901990-19911991-19921992-19931993-19941994-19951995-19961996-19971997-19981998-19991999-20002000-20012001-20022002-20032003-2004Property Taxes
Atascadero June 2004
Comprehensive Financial Strategy
Section 1, Page 2
Sales Tax
Currently, all businesses within the City of Atascadero collect 7.25% sales tax on
taxable purchases and remit the tax to the State of California. The City receives 1%
and the State retains 6.25%. In March, however, the voters approved bonds, which
would change this formula. The City will now only receive 0.75%, while the State’s
portion will increase to 6.50%. The 0.25% decrease in the City’s portion will then be
backfilled with State general funds. (This change is called the “Triple Flip.”)
The graph below depicts the City’s Sales Tax history since 1990 and a comparison
between the actual Sales Tax revenue and the level of Sales Tax if it had followed the
Consumer Price Index (CPI) for the same years. As can be seen in the early years, CPI
growth exceeded our actual sales tax growth, however by 1998 that started to turn
around. Home Depot and other strong retail additions to Atascadero have caused
actual sales tax growth to outstrip the CPI in recent years. This trend is again starting
to reverse, with current sales tax revenue expected to come in around 7% LESS than
last fiscal year.
$-
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
$3,500,000
$4,000,000
1989-19901991-19921993-19941995-19961997-19981999-20002001-20022003-2004Sales Tax Growth vs CPI
Actual Sales Tax Revenue Projected CPI Growth Sales Tax
Atascadero June 2004
Comprehensive Financial Strategy
Section 1, Page 3
The bar chart below depicts the Sales Tax per capita received by each of the cities in
the county for 2002-2003. The average sales tax per capita for fiscal year 2002-2003 is
$165.59. As can be seen, Paso Robles, San Luis Obispo, Pismo Beach and Arroyo
Grande are significantly higher than both the average and the remaining three cities.
Atascadero is one of the below average cities at $134.39 per capita or $31.20 below the
county average. Paso Robles Sales Tax per capita is $216.76. That is $82.38 per
capita (or 61.3%) higher than Atascadero.
The table below illustrates the potential scenarios of Atascadero’s Sales Tax revenue
using the per capita average for North County, the County and Paso Robles. As an
example, if Atascadero received the same sales tax per capita as Paso Robles, the City
would receive $5,940,200 or $2,257,400 more than is currently received.
Atascadero County Average
North County
Average Paso Robles
Sale Tax Per Capita $ 134.39 $ 165.59 $ 175.58 $ 216.76
x Atascadero Population 27,404 27,404 27,404 27,404
= Potential Sales Tax
Revenue $ 3,682,800 $ 4,537,900 $ 4,811,500 $ 5,940,200
- Actual Atascadero Sales
Tax Revenue $ (3,682,800) $ (3,682,800) $ (3,682,800) $ (3,682,800)
= Potential Increase in
Sales Tax Revenue $ - $ 855,100 $ 1,128,700 $ 2,257,400
$-
$50.00
$100.00
$150.00
$200.00
$250.00
AtascaderoArroyo GrandeGrover BeachMorro BayPaso RoblesPismo BeachSan Luis Obispo2003 Comparative Sales Tax Revenue Per Capita
Atascadero June 2004
Comprehensive Financial Strategy
Section 1, Page 4
Motor Vehicle License Fees and Related State Backfills
The City receives approximately 13% of its revenues from the State in the form of Motor
Vehicle License fees (VLF). The VLF is paid annually upon vehicle registration and
funds city and county services. Prior to 1935, motor vehicles in California were subject
to property tax, which is administered by local governments. In 1935, the state
legislature decided that a statewide uniform system of vehicle taxation would be simpler
and more efficient, so the state began collecting the VLF fees and passing them on to
counties and cities.
In 1998, in response to a budget surplus, Governor Wilson signed a bill reducing the
VLF rate to tax payers and “backfilling” the VLF amounts that cities and counties
would’ve received with State revenues. (This backfill amount currently represents
approximately $1,200,000 to the City annually) The bill reducing the VLF tax rate
contained provisions for the rate to return to its pre-1998 level if “state general fund
revenues are insufficient to fund this taxpayer subsidy”. On June 20, 2003, the State
Controller enacted this provision and increased the VLF back to its 1998 level. At the
same time he immediately stopped the backfill payments to cities and counties.
Because of a typical 90-day lag between when VLF is billed and when it is paid, there
was a “backfill gap”. The state had stopped backfill payments to the City, and the City
would receive the only reduced VLF fees until the higher rates kicked in sometime in
October/November. This represented an approximate $490,000 loss of revenue to the
City. Currently the state has agreed to pay this “Backfill Gap” back to the cities by
August 2006.
In November of 2003, Governor Schwarzenegger restored VLF fees to the previously
lowered rate and in December, issued an order to re-instate the backfill for the
remainder of fiscal year 2003-2004.
In May 2004, Governor Schwarzenegger and local governments came to an agreed
upon compromise. The Governor would push for legislation that would permanently
lower VLF to its current rate and at the same time backfill the loss to local governments
with property taxes. The same initiative would also guarantee local government
revenues and would require a ballot initiative in order to raid local government
revenues.
Conclusion:
What will happen to our three major sources is still in doubt. Although Governor
Schwarzenegger has agreed to the compromise, neither the legislature nor the voters
has approved it. The Triple Flip and some level of participation in balancing the State
budget are our only sureties at this time.
Atascadero
Comprehensive Financial Strategy
June 2004
Section 2 – Operating Capital Costs
and Reserves
Atascadero June 2004
Comprehensive Financial Strategy
Section 2, Page 1
Operating and Capital Costs
This section analyzes some of the operating and annual costs facing the City. Staff
intended to focus on the major costs to insure the community, Council and employees
understood the magnitude of the costs of the City’s operation. The information
developed within the following pages has been verified to the extent possible. However,
as more information becomes known or as experience modifies the facts or
assumptions, the information will be modified. The intent is one of information; to
provide general facts about significant business concerns facing the City. This
information is essential to establishing a practical financial strategy.
This section of the report discusses issues surrounding Building Replacement, Leave
Accruals, Technology Replacement/Maintenance, Street Maintenance, Equipment
Maintenance, Vehicle Replacement, and Staffing.
The research into these areas illustrates the need for reserve funds to deal with these
business costs. The following table summarizes the findings contained in the Sections.
The 2003-04 Reserve Fund Strategy is the amount set aside in the current year. The
Annual Reserve Fund Requirement is the annual need for each of the areas if the City
was able to provide full funding. The Reserve Deficit is the amount of money that
should have been placed in the reserve fund to date.
Annual Reserve
Fund
Requirement
Reserve
Deficit
2003-2004
Reserve Fund
Strategy
Ending Balance
6-30-04
Building
Replacement $ 342,700 $ 5,113,800 $ 313,300 <$ 5,143,200>
Leave
Accruals 90,200 308,473 64,800 <333,873>
Street
Maintenance 850,000 18,177,600 1,739,000 <17,288,600>
Technology
Replacement 90,220 0 90,220 0
Vehicle
Replacement 210,420 0 210,420 0
Equipment
Replacement 109,250 824,200 70,000 <863,450>
TOTAL
$1,692,790 $24,424,073 $2,487,740 <$23,629,123>
Atascadero June 2004
Comprehensive Financial Strategy
Section 2, Page 2
Street Maintenance
Introduction:
City of Atascadero is responsible for maintaining approximately 140 miles of roadway.
This network represents a substantial investment by the City, and has been identified as
the number one concern of the community. This section deals with the street
maintenance responsibilities of the City and analyzes the current inventory of streets,
the condition, the life expectancy and repair/replacement.
Analysis:
Like all cities and counties in California, Atascadero suffers from a funding short fall for
road maintenance due to the aging road system and State budget reductions.
Atascadero’s problem is exacerbated by its rural nature where low population and high
road miles translate to low funding levels, since many road maintenance funds are
derived from population statistics. The U.S. Department of Transportation’s 1991 report
to Congress states that roadways in poor condition cost users as much as 25-30
percent more per mile than roadways in good condition. Well-timed preventative
maintenance of roadways surface increases its service life and delays the need for
expensive rehabilitation or reconstruction. Therefore, the Atascadero Roads Program
has been developed to focus the City’s efforts in maintaining and protecting the roads of
Atascadero in an organized, efficient and cost-effective manner. Since its inception in
1999, significant progress has been made in improving the roads and decreasing the
maintenance deficit. A field survey of City maintained roadways was performed in 1998
and is updated by staff annually to estimate the condition of pavement. The survey
collected and inventoried information for over 250 segments of roadway, and rated each
one, using a Pavement Condition Rating (PCR) factor.
The traffic patterns were also analyzed to determine the Average Daily Traffic (ADT)
factor for each segment. The ADT is divided in half (to proportion its influence on the
formula) and multiplied by the PCR to create a Project Index. Those streets with a
higher index are indicative of streets that are both highly traveled and in poor condition.
The staff uses the Project Index to determine the greatest priorities using the Worst First
Approach strategy. The following table provides a sampling of roadway segments, their
PCR and ADT factors, and their Project Indices. These are scheduled for maintenance
in 2004:
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Comprehensive Financial Strategy
Section 2, Page 3
ROADWAY SEGMENT ADT PCR PROJECT
INDEX
El Camino
Real Viejo Camino to Santa Rosa 11,600 3 17,400
Curbaril
Atascadero Avenue to Highway
101 6,800 3 17,000
Portola Road San Marcos to Morro Road 1,600 4 3,200
San Gabriel Santa Lucia to San Marcos 1,600 4 3,200
Approximately $850,000 to $1,100,000 is required annually to maintain the roads in the
community. The total amount of deferred rehabilitation in 1998 was estimated to be
$23,000,000. Road maintenance and rehabilitation have been budgeted in excess of
$2.3 million for fiscal year 2004-2005, yet even with funding at that level, there remains
a huge deficit. While staff proceeds with the blueprint of the Atascadero Roads
Program, it continues to investigate additional funding sources, as it is clear that the
existing sources are inadequate to fund this size of a commitment.
City Department Accumulated Reserve
Deficit
Estimated Annual
Reserve
Street Maintenance $18,177,600 850,000 – 1,100,000
Conclusion:
It is the City’s goal to fully fund street rehabilitation, however, the City deferred the
funding for many years and finds itself in a severe deficit position. The Public Works
Department has made significant progress on the Roads Program, and will continue to
search for strategies that are cost-effective for closing the deficit gap. The City has
proven its commitment to the community by focusing over $7.1 million toward road
maintenance and rehabilitation over the last five years, and continues that commitment
into fiscal year 2004-2005 by designating over $2.3 million to the Roads Program.
Atascadero June 2004
Comprehensive Financial Strategy
Section 2, Page 4
Building Replacement
Introduction:
City of Atascadero owns approximately 29 different buildings in the various City
departments in addition to the Wastewater Treatment Plant. They range from the
historic Administration Building to restrooms in the parks to buildings at the wastewater
plant. This section deals with the building replacement responsibilities of the City and
analyzes the current inventory of buildings, the life expectancy and replacement.
Analysis:
Each building was reviewed by an independent contractor, CBIZ Accounting, Tax and
Advisory of Orange County, Inc. (CBIZ), to determine original cost, size, age, and
remaining life. The amortization for buildings ranges from 20-100 years, depending on
the construction-type. This assumption does not mean each building would be replaced
every 20-100 years, but those funds would be available to extend the building life until
its useful life had expired.
CBIZ prepared a complete building and depreciation schedule for the City. This report
defines the annual depreciation and accumulated depreciation of the City’s building
assets. The amount of the annual depreciation, approximately $342,700, is the amount
that should be put each year into the building reserves to fund major repairs and
replacements necessary to maintain the building and to fund the building’s replacement
at the end of its useful life. The accumulated depreciation, approximately $5.1 million is
the amount that should currently be in reserves. The current and annual reserve liability
for building replacement is as follows:
City Department Accumulated Reserve
Deficit 06/30/03
Estimated Annual
Reserve
Administration $2,444,700 99,800
Fire 334,600 9,200
Parks 988,100 54,100
Pavilion 271,600 23,600
Police 152,300 14,300
Recreation (Printery) 573,600 37,100
Streets 150,400 6,100
Wastewater 0 90,000
Zoo 198,500 8,500
TOTAL $5,113,800 $342,700
The City Administration building and the Printery both received significant damage
during the San Simeon earthquake on December 22, 2003. The Federal Emergency
Management Agency (FEMA) will provide 75% of the funding for repairs of the buildings
and the Governor’s Office of Emergency Services (OES) is currently scheduled to
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Comprehensive Financial Strategy
Section 2, Page 5
contribute 18.75% of the cost of the repairs. At the time of this report, Governor
Schwarzenegger is considering allowing the OES to fund the remaining 6.25%. If the
Governor decides not to put the funding in the State Budget, the City will be responsible
for funding the 6.25% of the replacement costs of the buildings. By preliminary
estimates, that would be a cost to the City of upwards of $1.25 million, which is currently
not reserved. Additionally, there will likely be multiple upgrades to the renovation of the
buildings that will not be eligible FEMA expenses. The costs of these upgrades are
unknown, but it is estimated that over $1 million may be needed for these upgrades.
In spite of the significant outlay the City will incur to repair Cityhall and the Printery, the
fact that FEMA and OES will be funding a significant portion of the replacement for City
Hall and the Printery may be temporarily helpful in mitigating the effect of the extreme
Reserve Deficit. However, it is necessary to continue funding the building replacement
reserve for future repairs and replacement of these and other buildings.
Conclusion:
It is the City’s goal to fully fund building replacement, however, the City did not fund
building replacement prior to July 1, 2000, and has not fully funded building replacement
until the prior year, therefore there is a substantial liability currently existing for all City
funds. Staff began charging a building occupancy fee to all enterprise funds and to use
a building occupancy factor in creating an overhead rate. Each department will annually
contribute its proportionate share to a building replacement reserve. For the last several
years, the funds that the City allocates to building reserves have largely been used to
pay for repair projects and improvements, leaving little in actual reserves. As the City
continues to recover from significant deferred maintenance deficits and continues its
focus on preventative maintenance, necessary reserves will begin to accumulate.
Atascadero June 2004
Comprehensive Financial Strategy
Section 2, Page 6
Technology Replacement/Maintenance
Introduction:
The City of Atascadero owns approximately 110 computers in the various City
departments. The computers and associated software make-up a technology system
that is crucial to the day-to-day operations of the City. The system represents a total
value of $507,700, including specialized software. This section deals with the current
technology replacement responsibilities of the City.
Analysis:
Each department was reviewed for the number of computers and associated software.
As technology emerges so quickly, it is difficult to maintain accurate values. The City
began funding replacement and maintenance reserve for technology in 1998. This
evaluation assumes that the required hardware and software upgrades will continue to
occur within the annual reserve set aside for technology. Daily City business functions
are dependent on the consistent operation of the City’s computers and associated
technologies. Therefore, it is critical that the City have a designated reserve for the
replacement of computers as they become elite. The reserve continues to be
developed within the replacement/maintenance budgets. The annual cost to provide for
replacement and maintenance of the technology system are as follows:
City Department
Estimated Annual
Hardware & Software
Replacement
Administrative Services $ 18,850
City Council 3,330
City Manager 5,130
Community Development 15,220
Community Services 11,180
Fire 6,380
Police 19,860
Public Works 5,220
Building Maintenance 1,390
Treasurer 560
Wastewater 1,980
Transit 560
Redevelopment 560
TOTAL AMOUNT FUNDED $ 90,220
Conclusion:
It is the City’s goal to maintain a technology fund that will provide for the replacement
and upgrading of technology as needed. The City began funding technology
replacement in the 1998-99 budget. This year the City will continue fully funding the
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Comprehensive Financial Strategy
Section 2, Page 7
technology operations and reserve. Computers will be replaced or added as needed
and the City will continue to fund the entire replacement schedule. We expect that this
will result in a growing reserve that will provide for future purchases and reduce the
organization’s risk of computer failure.
Atascadero June 2004
Comprehensive Financial Strategy
Section 2, Page 8
Vehicle Replacement
Introduction:
City of Atascadero owns 58 vehicles in the various City departments. The rolling stock
represents a total value of $1,086,103 that must be replaced as its useful life expires.
This section deals with the vehicle replacement responsibilities of the City and analyzes
the current fleet of vehicles, the length of service expected from those vehicles, and
replacement costs necessary to keep the City current with expected operating costs.
Analysis:
Each department was reviewed for the number of vehicles required, the age of the
vehicles and the life expectancy. That information was used to develop the estimated
replacement costs of each vehicle in the City’s fleet. Staff has calculated the amount
that should be placed into a reserve account annually to fund the vehicle’s replacement
at the end of its useful life. In June of 2003, Council made the decision to transfer the
balance of the Vehicle Replacement Deficit from the General Fund to the Vehicle and
Equipment Replacement Fund. This careful strategy proved to be invaluable, as the
City’s Vehicle Replacement Reserve is currently fully funded. Now that the most
significant commitment has been made, the City only needs to maintain a consistent
annual reserve. The estimated annual reserve liability for vehicle replacement is as
follows:
City Department Estimated
Annual Reserve
Community Development 7,290
Zoo 1,500
Recreation 1,260
Fire 74,810
Police 93,000
Parks 6,710
Streets 23,650
Building Maintenance 2,200
TOTAL $210,420
Conclusion:
Thanks to the careful planning of the Council, the City has met its goal to fully fund
vehicle replacement. Annual reserve amounts have consistently been incorporated into
the department budgets for the last five years, and are again scheduled for fiscal year
2004-2005. The City’s fleet is now becoming more efficient, safer, and more
dependable.
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Comprehensive Financial Strategy
Section 2, Page 9
Equipment Replacement
Introduction:
Prior to 2003, the City did not have a complete list of equipment. Staff made educated
guesses to come up with the best possible estimations with the knowledge that was
available. However, in 2003, CBIZ of Orange County was hired to prepare a
comprehensive inventory of equipment. The equipment is essential to the operation of
the City and many pieces of equipment assist in life safety. The City’s strategy is to
work toward a program where replacement is funded annually, allowing the City to stay
current with equipment.
Analysis:
Each department was thoroughly reviewed by CBIZ to create a master inventory of
equipment with a value over $2,500. The equipment was then evaluated to determine
original cost, age and condition, location, and remaining life. The equipment have
useful lives that vary from 5 to 25 years, depending on the type of equipment. This
assumption does not mean each piece of equipment would be replaced within those
time periods, but that those funds would be available to extend the useful lives.
Staff has considered replacement cost in calculating the annual funding required.
Equipment that would not be replaced or that is purchased through a grant program is
not included in the replacement calculations. By using the comprehensive report
prepared by CBIZ, staff was able to determine that the cost of equipment replacement
to be allocated out to the departments is approximately $109,250 annually. The City’s
budget has included some contribution to equipment maintenance over the course of
the last four years, however, these funds have already been used to either repair or
replace equipment. Staff has estimated the Accumulated Reserve Deficit by reviewing
the amount of Accumulated Depreciation outlined in the report prepared by CBIZ. In
addition, staff has calculated the amount that should annually be placed into a reserve
account to fund the equipment’s replacement at the end of its useful life. The
accumulated reserve deficit and annual reserve liability for equipment replacement are
as follows:
City Department Accumulated Reserve
Deficit 06/30/03
Estimated Annual
Reserve Required
Administration 43,600 2,200
Fire 74,200 18,500
Public Works 478,000 21,200
Police 169,000 51,000
Community Services 43,500 4,450
TOTAL $ 824,200 $ 109,250
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Comprehensive Financial Strategy
Section 2, Page 10
Conclusion:
It is the City’s goal to fully fund equipment replacement, however, the City has not
funded equipment replacement prior to July 1, 2000, except in the wastewater account.
Therefore, there is a substantial liability currently existing for all City funds.
As part of previous financial strategies, in fiscal year 2000/2001 Council began funding
equipment replacement at the very modest $25,000 a year level with a plan to increase
the funding by $15,000 annually until the City was fully funding annual equipment
replacement. In keeping with the plan, by 2003-2004 the City’s annual equipment
contribution was up to $70,000. (Due to budget constraints, the City also contributed its
planned 2004-2005 annual contribution of $85,000 in the current year.) The City will
continue with it’s current strategy and should be fully funding annual equipment
replacement by fiscal year 2006-2007.
Funding annual replacement is only part of the strategy. Like the infancy of the
technology replacement fund and the vehicle replacement fund, there are significant
accumulated deficits in equipment replacement reserves from inadequate funding in
prior years. As with the other funds, accumulated deficits will be whittled down by
funding replacement purchases through the general fund and by taking advantage of
savings opportunities as they arise.
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Comprehensive Financial Strategy
Section 2, Page 11
Leave Accruals
Introduction:
The City of Atascadero has a full-time equivalent staff of 115 employees that accrue
paid leave time. Leave includes vacation, holiday, compensation time earned (CTE),
administrative leave and sick leave. This section deals with the leave accrual balances
and how they translate into non-funded liabilities for the City.
Analysis:
Once accrued, vacation, holiday, administrative leave and comp time become a liability
to the City, as they must be paid in full to the employee upon separation. Sick leave is
treated differently, depending on the negotiated terms of the bargaining unit for each
classification.
Currently, most employees in a classification on the full-time salary schedule, accrue a
floating holiday as of January 1st annually. This is a “use it or lose it” benefit. If it is not
used within the calendar year that it accrues, it is zeroed out. Other holiday time earned
becomes the property of the employee and is accrued until it is used or the employee
terminates. Generally employees that work non-traditional shifts can accrue holiday
time, e.g., police, fire, parks and zoo staff.
Administrative leave is only paid out as cash to an employee if they leave employment.
Those hours accrue on a fiscal year basis and must be used within the fiscal year. All
employees are eligible for sick leave incentive. Once a minimum of 48 days is accrued,
the employee is eligible for a pay-off of up to one-third of unused hours for that year.
This is done on an annual basis. There are currently three groups of employees that
are eligible to be paid for half of their accrued sick leave hours upon separation of
employment if they also meet the following two requirements: 1) they have five or more
continuous years of service and 2) they leave employment in good standing.
In the good years, the City has been buying back leave time from employees, thus
making significant progress toward reducing the total leave deficit. This policy has had
a twofold effect:
1) It allows the City to buy down the liability prior to employee raises rather than
letting the liability continue to grow. As employees receive merit increases and
cost of living adjustments, the dollar value of their accumulated hours increase,
thus increasing the City’s liability.
2) Employees appreciate the opportunity to cash out some of their accrued time,
thus the program also works toward the City’s employee retention goals.
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Comprehensive Financial Strategy
Section 2, Page 12
The figures below represent the cash liability of the total number of hours banked. The
annual reserve liability as of June 30, 2003 is as follows:
City
Department
Total Leave
Liability
Funded
Liability
Total
Leave
Deficit
Administration $ 33,153 $ 10,303 $ 22,850
Administrative Services 27,448 9,012 18,436
Community Development 25,780 25,535 245
Community Services 93,190 21,278 71,912
Fire 145,682 92,002 53,680
Police 204,683 116,755 87,928
Public Works 30,221 14,810 15,411
Redevelopment 13,605 5,123 8,482
Streets 21,159 7,497 13,662
Wastewater 38,322 38,322 0
Transit 935 935 0
Building Maintenance 16,075 4,083 11,992
Technology 8,064 4,189 3,875
TOTAL $ 658,317 $ 349,844 $ 308,473
Conclusion:
It is the City’s goal to fully fund leave liabilities. The current strategy is to book the
annual increase in “current” accruals and pay for turnover cost from current operations.
The City will continue to evaluate strategies to reduce the liability. This issue will be
reviewed annually and as funds permit, the strategy will be modified.
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Comprehensive Financial Strategy
Section 2, Page 13
Personnel
Introduction:
The City tries delicately to maintain the balance between a reasonable budget and
staffing levels large enough to properly service the public. As the community requests
more efficient service and an expansion to new service programs, it is the obligation of
the City’s leaders to ensure that personnel is adequately budgeted to properly address
the concerns of the citizens.
Analysis:
Above all other things, the City is a service organization. In order to achieve and
maintain optimal levels of service, it must budget for sufficient numbers of employees
and pay enough to attract quality personnel. As discussed at the strategic planning
session, staffing seems to be the biggest issue for the department heads. Currently, all
of the departments feel understaffed and have struggled with significant vacancies
throughout the year. It is extraordinarily difficult to deliver excellent service while being
overworked. In order to get the work done, the current staffing resources are stretched
thin. This causes high overtime costs, employee stress, high rates of burnout, and
eventually, skyrocketing turnover. These “hidden” costs can get out of control, but
because they are not obvious and are difficult to measure, they often are not taken into
consideration when forming strategies.
The City has studied the levels of staffing necessary for current service needs and has
determined more personnel are needed to deliver the level of service that the public
expects. Because of funding limitations, staffing levels have not kept pace with City
growth and Atascadero falls further behind other cities in the County and state
standards. For example in 1989 Atascadero had almost 1.09 police officers for every
1,000 residents, today we have only 1.01 police officers today per 1,000 residents. This
is a 7% decrease in police service levels for our citizens. Without some significant help
from federal grants and a concerted effort by Council in recent years, this drop in
service would’ve been even more significant.
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Comprehensive Financial Strategy
Section 2, Page 14
Our services levels also continue to remain behind other jurisdictions. For example, the
City of Paso Robles has 1.25 officers per thousand (or 25% more officers per capita
than Atascadero), and the state standard is 1.5 officers per thousand (or 50% more
officers). Citizens have a right to demand protection and the City is obligated to provide
for it, but that can only happen with a well-designed strategic plan that allows for
sufficient personnel budgeting.
Police Officers Per Thousand
-0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60
Paso Robles
State Standard
Atascadero
Relatively speaking, Atascadero is one of the biggest cities but has some of the lowest
revenues in the county. Although salaries and benefits represent a full 63% of the
General Fund budget, they are still low when compared to other local cities. Atascadero
competes with all of the other governments for employees, and with a higher workload
and lower salaries than other jurisdictions, it is not easy to attract and keep the best and
the brightest. In the face of the state budget crisis and lower than projected revenues,
the large personnel budget often becomes an attractive item to cut. However, the City
has found that trimming the personnel budget doesn’t equate to any real savings in the
long run. When salaries are limited or needed positions are not budgeted, recruitment
costs, employee discontent, and turnover rates increase. The City currently has a
terrific staff, and with a solid plan for personnel management, it will remain that way.
Conclusion:
It is the City’s goal to hire and keep the best and the brightest employees, to maintain
staffing at optimum levels, and to reduce turnover to a minimum. This solution is not as
easy as just establishing a reserve. It is a complex issue that requires a complex
solution. The City’s strategy is to build the organization to the point where it has
sufficient staffing for the current service levels and to plan for new positions within the
emerging development, such that the increase in service needs would be met with an
increase in personnel. Additionally, the service needs of new programs should be
thoroughly evaluated prior to making any commitments, because current staff cannot
effectively absorb additional duties.
Atascadero June 2004
Comprehensive Financial Strategy
Section 2, Page 15
Operating and Capital / Policies Reserves
Introduction:
These recommendations build on the analysis contained in this section and add some
additional financial concerns. The areas identified in the first section translate into
necessary reserves to sustain the long-term financial strength of the community. As the
basic costs of the business are realized, strategies must be developed to set aside
appropriate funds to deal with the issues. Additionally, funds must be reserved for cash
flow, contingencies and emergencies.
This report is important, especially to an organization like Atascadero that has
experienced a time of many consecutive years of financial hardship, followed by an
economic boom and is now, again, looking in the face of massive state budget cuts. It
is difficult to begin establishing reserves, let alone fund a major reserve deficit from
years of not saving.
Cash Flow Analysis:
Staff has researched the spending patterns in the last five fiscal years. This includes a
monthly review of revenue and expense patterns. The research shows the maximum
cash flow need expected to be in excess of $6,000,000. The following amounts
represent the maximum cash flow requirement for the years indicated:
2000 2001 2002 2003 2004
$3,021,199 $4,996,135 $6,160,666 $3,643,211 $5,065,881
A reserve for cash flow occurs because of the timing of the City’s revenues and
expenses. The City has the most cash on hand in April after it has just received its
property tax revenues and wastewater fees. During the summer and fall the City does
receive sales tax and motor vehicle fees, however, it is incurring more expenses for
capital projects, fire reserves, recreation programs, etc. In other words, the City’s
receipts go down from April through November while the City’s disbursements go up
during the same period. With the aggressive Atascadero Roads Program and the large
earthquake recovery projects, the cash flow needs are expected in increase significantly
in the immediate future. It is imperative that the City maintains sufficient cash reserves
to cover the City’s cash flow needs.
Atascadero
Comprehensive Financial Strategy
June 2004
Section 3- Fiscal Policies
Atascadero June 2004
Comprehensive Financial Strategy
Section 3, Page 1
Fiscal Policies
The budget document allocates City resources such as personnel, materials, and
equipment in tangible ways to achieve the general goals of the community. It is
prudent, therefore, for the City to have in place adopted fiscal policies to guide the City
Manager and City Council through the budget decision-making process. These policies
are:
Operational Efficiencies:
To implement internal operating efficiencies wherever possible.
To utilize private contractors when the same or higher level of service can be
obtained at lower total cost.
To staff each department according to reasonable service levels, and to utilize
consultants and temporary help instead of hiring staff for special projects or peak
workload periods.
To enter into joint operating arrangements with other agencies so as to provide
services more cost effectively.
To increase the use of volunteers.
Economic Development:
To provide a climate that encourages healthy commercial areas that capture more of
the purchasing power of the community and creates more destination commercial
activities to capture regional money.
To aggressively pursue new developments and businesses which are consistent
with our quality of life and add to the City’s economic base, particularly those that
generate sales tax revenue.
To promote a mix of businesses which contributes to a balanced community.
To continue to improve programs to enhance and retain existing businesses.
Community Development:
To insure that adequate funding is in place to provide essential services to new
residents without diluting services for existing residents by:
o Forming a far reaching Community Services District to fund the addition of
the necessary police, fire and parks personnel needed to provide services
to these new residents.
o Requiring EACH project that comes before Council to annex into the
newly formed Community Facilities District. (The general plan requires
that only developments with 100 or more units be fiscally neutral.)
o To form road maintenance districts in order to provide an ongoing revenue
source needed to maintain new, expanded or recently accepted roads.
To require that new growth pay for the expansion of facilities and infrastructure
necessary to serve the expanding population.
To plan community growth with service and maintenance funding requirements in
mind.
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Comprehensive Financial Strategy
Section 3, Page 2
Infrastructure:
To continue to determine and implement strategies to reduce the current backlog of
deferred maintenance projects.
To provide sufficient routine maintenance each year to avoid increasing the deferred
maintenance backlog.
To determine a maintenance plan and funding strategy prior to the construction,
improvement or acceptance of new infrastructure.
Employee Development:
To attract and retain competent employees by providing a professional work
environment, competitive salaries, safe working conditions, and adequate training
opportunities.
To base salary increases on individual merit and job performance levels.
To strive toward maintaining above average employee compensation packages in
order to recruit and maintain the best and the brightest.
To work toward adequate staffing for the service levels being provided.
To be aware of and plan for state, federal and OSHA mandates which might have an
effect on staffing levels.
To be aware of, monitor and avoid the “hidden” costs of employee turnover, burnout,
and stress due overwork.
To look for service level reductions in areas where there will be minimal impacts to
citizens, thus “freeing” employee time.
New Services:
To add new services or increase service levels only when a new funding source has
been developed or when an equal or greater service/service level has been
eliminated.
To require agreements for specific services and monitor effectiveness on an ongoing
basis.
Construction of New Facilities:
To plan for new facilities only if construction and maintenance costs will not
negatively impact the operating budget.
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Comprehensive Financial Strategy
Section 3, Page 3
Fiscal Management:
To generate additional revenue by marketing City services to other agencies on a
contract basis.
To maximize revenues by utilizing grants from other agencies to the fullest extent
possible.
To charge fees for services that reflect the true cost of providing such services and
to review fee schedules on a regular basis.
To fully account for the cost of enterprise operations to avoid any subsidy by the
General Fund and to charge all enterprise funds their fair share of the cost of City
support services.
To maintain accurate accounting records to keep the City Manager, City Council and
public informed of the financial condition of the City at all times.
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Comprehensive Financial Strategy
Section 3, Page 4
Note from the Administrative Services Director: The information contained
in this financial strategy is the best estimate of the Administrative Services Department
at this time. At the same time, the fiscal policies listed herein are in the Administrative
Services Director’s opinion best fiscal practices. Some of the recommendations may be
unpalatable to particular constituents as they may call for increased fees, lower service
levels or higher assessments. In my opinion, however, all of these fiscal policies are
necessary to maintain the current levels of service that the community now enjoys.
Without a sound financial plan, City services such as fire and police protection, available
ball fields and organized youth activities will continue to be diluted.
ITEM NUMBER: C - 3
DATE: 01/11/05
Atascadero City Council ____________
Staff Report- City Manager’s Office
Review of Assessment Districts and Special Taxes
RECOMMENDATIONS:
Council:
1. Appropriate $20,000 from the General Fund Reserve, direct staff to hire
consultants to carry out polling to determine resident priorities and levels of
support for revenue increases, and perform financial studies to determine if
formation of an assessment district is feasible.
2. Direct staff to look into loan programs for neighborhoods wishing to make private
street improvements.
3. Direct staff to report findings regarding assessment districts, special taxes, and
loan programs to the City Council at a future date.
REPORT-IN-BRIEF:
At the December 12, 2004 meeting, the City Council continued their discussion as to
whether the City should move forward with polling and a feasibility study related to
assessment districts/special taxes. The staff report from that evening is attached
(Attachment A). The Council asked staff to come back with a report that focused on two
primary questions:
1. What did the results of the last citywide survey say about the community’s
priorities and their willingness to pay for services?
2. Could the City enter into a partnership with a local bank to reduce the cost of
financing for neighborhoods that choose to independently make
improvements to their neighborhood streets? If so, how might such a
program work?
This report provides answers to these questions and provides information on revenue
measures in neighboring cities.
ITEM NUMBER: C - 3
DATE: 01/11/05
DISCUSSION:
The Godbe Survey
In February 2000, Godbe Research and Analysis (GRA) released the results of a survey
that polled residents on levels of community satisfaction, their priorities, and whether or
not they would pay an additional amount in taxes or assessments to protect or enhance
certain city services. The survey was conducted by phone from January 10-16, 1999
and 400 residents responded. Respondents were selected using traditional random
digit dial methods.
As part of the survey, residents were asked to rate their top three priorities from a pre-
determined list. At the time, respondents identified repairing streets as their top priority
followed by focusing on youth activity services and revitalization of downtown
businesses. The following table lists the top ten priorities. Those with higher scores
were most important, with a score of three being the highest possible.
Priority: Score:
Repair Streets 2.71
Youth Services 2.61
Revitalize Downtown Businesses 2.46
Increase Job Opportunities 2.46
Maintain Small Town Atmosphere 2.39
Preserve Open Spaces 2.36
Enforce General Plan 2.20
Improve Police Services 2.08
Improve Fires Services 2.06
Relocate Adult Bookstore 1.93
Another series of questions asked residents about certain services provided by the City,
and which ones were most important to them. Residents felt that maintaining local
streets was the most important municipal service, followed by fire protection and park
and open space maintenance. The following table summarizes the results, with a score
of three being the highest possible:
Services: Score:
Maintain local streets 2.67
Fire Protection Services 2.57
Maintain Parks and Landscaped Areas 2.45
Enforce Traffic Laws 2.27
Recreation Services 2.26
Provide Traffic Signals 2.17
Preserve Native Trees 2.12
Enforce Code 2.02
Attract New Development 1.81
Of the services that were most important to residents, only maintenance of city streets
showed levels of dissatisfaction.
ITEM NUMBER: C - 3
DATE: 01/11/05
During the survey, residents were also asked if they would support a new tax.
Residents were not given information on what such a tax might be used for, they were
simply asked if they would support a tax for “improvements to Atascadero”. As a rule,
general taxes without a specific purpose have the lowest levels of support. Using this
vague criterion, 37% of residents supported a tax with 57% saying they would vote no.
When respondents were asked if a series of specific tax thresholds would make them
more or less likely to vote yes or no, the results provided a more positive response.
43% of residents were more likely to vote for a tax of $150 or less with 52% of residents
more likely to vote for a tax of $100 or less. In general, there appeared to be opposition
to a tax increase unless it was for a specific purpose, particularly roads. Based on
these results, staff focused on the establishment of assessment districts for roads,
trees, and open space maintenance.
The initial opposition to taxes in the survey is not surprising since the question asked
was framed around a general tax without a specific purpose. Additionally, the
population has increased by nearly 4,000 people, the issues have changed, and the
economy has improved over the past five years. Because of this, conducting a new
community survey would be of value as the City looks into other revenue sources.
A summary of the full survey is attached (Attachment B).
An Option For Neighborhood Streets
At the last council meeting, staff reported that none of the 11 neighborhoods wanted to
go forward with assessments for local street improvements. This was largely based on
the cost of the assessments which were estimated at $600-$4,000 per year depending
on the condition of the street. Even though there is no interest for assessments,
neighborhoods could still move forward with improvements on their own.
If a neighborhood decides to improve their street outside of a formal assessment it
would be considered a private process between property owners, and could actually be
cheaper for them. This is because the neighbors would not be required to pay
prevailing wage and they would not need to pay for an engineer’s report or the City’s
administrative costs for managing the assessment district. The neighbors would need
to hire an engineer and construction company on their own and would be required to get
an encroachment permit from the City.
While this is a good alternative, there are still a few concerns. First, is that the neighbors
will need to come together to agree on the improvements being made, the construction
timeline, and who will actually coordinate the project and contractor selection. Second,
they will need to determine what to do if there are neighbors that don’t want to pay.
Because the improvements are a private matter between neighbors, residents cannot
be mandated to pay as is the case with a voter approved assessment. An option we
may wish to consider further is entering into a partnership with a local bank to secure
financing for neighborhood improvements.
Exploring a City-backed Loan Program
ITEM NUMBER: C - 3
DATE: 01/11/05
A partnership with a bank would involve both a financial and staff commitment from the
City. First, the City would deposit an amount equal to the total loan being requested by
property owners for street improvements. These funds would serve as collateral
against the loan, guaranteeing a lower interest rate on the note. The deposit would be
in the form of CD’s and would serve as part of the City’s investment portfolio. The City
and bank would jointly agree to the language contained in the note the homeowners
would sign and on the rates being earned on the CD and charged to the homeowners.
The note would state that should a property owner default on their obligation, a lien
would be placed on their home by the City. The loan program would be administered
through the bank.
While the program would provide an option for homeowners, it would come at a cost to
the City. The deposit pledged by the City securing the loans would be at risk if property
owners defaulted on their share of the loan and the funds would be tied up during the
loan period, likely ten years. The program would also require staff time to set up and
review annually. A program of this nature is complex and there are still several
mechanical issues that need to be discussed with local banks if the Council decides to
investigate the program further.
Assessments in Other Local Areas
Staff wanted to provide the Council with a quick review of special taxes and
assessments imposed in local communities. It turns out that assessments and special
taxes are somewhat common in the area. Revenue measures include a:
5% tax on all utility costs in San Luis Obispo;
1% Utility Users Tax in Grover Beach (affirmed recently by an 82% approval)
An assessment of .1775 per $100 of assessed valuation ($710 annually on a
home valued at $400,000) in Paso Robles for street improvements and
maintenance
Various landscape and lighting districts in Paso Robles ranging from $25-$2,000
per year; and,
As discussed with you at your last meeting, voter-approved revenue measures have
gained prominence over the past decade as the state has taken money from local
governments and the share of property taxes going to cities has declined.
FISCAL IMPACT:
If the City chooses to move forward with the creation of assessment districts, the total
estimated cost would be approximately $70,000. $30,000 is required for a financial
feasibility study, $15,000 for polling costs, and $25,000 for balloting costs. Costs will be
incurred incrementally as the process moves forward. At this point, only $45,000 is
necessary for financial studies and polling. The two reports complement each other and
should be done together $25,000 is available in the existing budget and an additional
$20,000 is needed. These funds would come from the City’s General Fund Reserve.
Even if the Council decides not to move forward with an assessment district/tax the
information gained from the polling and studies would be useful in future public policy
decisions and the strategic planning process. If an assessment district or tax is
approved, new revenues of over $2 million annually could be realized.
ITEM NUMBER: C - 3
DATE: 01/11/05
ALTERNATIVES:
1. Move forward with polling only.
2. Move forward with a study of a city-sponsored loan program only.
3. Do nothing.
ATTACHMENTS:
Attachment A: Assessment District Staff Report 12-14-2004
ITEM NUMBER: C - 3
DATE: 01/11/05
ATTACHMENT A
Atascadero City Council ____________
Staff Report- City Manager’s Office
Review of Assessment Districts and Special Taxes
RECOMMENDATIONS:
Council:
1. Appropriate $20,000 from the General Fund Reserve and Tree Replacement
Fund, direct staff to hire consultants to perform an initial study of a Citywide
assessment district or special tax, carry out polling to determine levels of support,
and if necessary conduct community workshops.
2. Direct staff to report findings regarding assessment districts and special taxes to
the City Council at a future date.
REPORT-IN-BRIEF:
This report addresses the concern of 11 neighborhoods that expressed interest, via an
informal petition, to form a neighborhood assessment district to improve the conditions
of their local street. According to a recent survey of these neighborhoods, it appears
there is not enough support to move forward with the formation of neighborhood
assessment districts. This will leave neighborhoods with the option of leaving their
street as it is, or working with each other as a neighborhood association to perform the
street improvements independent of the City.
During the process of studying assessment districts for these neighborhoods, our
research led us to consider other opportunities that generate revenue Citywide.
Specifically, we looked at forming a larger assessment district for the purpose of
Citywide road maintenance and repair, and the maintenance of trees, parks, landscape
and open space.
ITEM NUMBER: C - 3
DATE: 01/11/05
DISCUSSION:
The Current Situation: Neighborhood Requests
Although surveys showed there was not neighborhood support for local assessment
districts, it is important for the Council to understand the process that was undertaken,
the costs that were involved, and the information that was provided to residents.
The following table illustrates the neighborhoods that previously expressed interest in
creating neighborhood assessment districts, the number of parcels involved, and the
estimated cost of repair needed. Costs are for construction and repair only, and do not
take maintenance into account.
ROAD PARCELS TOTAL SF EST. COST CONDITION
AURORA 12 10,400 $104,100 DIRT ROAD
AZUCENA 43 43,560 $103,010 POOR ASPHALT/NO BASE
CALLE REFUGIO/
VIA TORTUGA 23 7,800 $7,605 MINOR IMPROVEMENTS - MAINTENANCE
CORTINA 20 24,000 $98,686 POOR ASPHALT/NO BASE
ENCINAL 11 30,920 $97,919 POOR ASPHALT/NO BASE
MANANITA 42 29,000 $175,288 2/3 POORLY PAVED - 1/3 DIRT
MONTURA 7 10,520 $46,939 PAVED 20+ YEARS AGO
ORTEGA 14 46,620 $218,495 DIRT ROAD, NARROW BRIDGE
OTERO 7 43,680 $115,553 DIRT ROAD
PINAL 6 11,500 $51,821 POOR ASPHALT/NO BASE
TOTALS 185 283,620 $1,033,908
An independent engineering firm has studied and valued the recommended
improvements at approximately $1,033,908. An additional $100,000 is required for
maintenance and administrative costs. This amount includes an annual set-aside of
$70,000 for future street improvements, and $30,000 for annual administrative costs.
In order to move forward, actual assessment costs must be determined for each
neighborhood based on their road conditions and needs. Neighborhoods with similar
street conditions will be grouped together and pay like assessments. The actual costs
are determined by preparing a document called an engineer’s report. The report details
the improvements needed, the parcels included in the district, the level of general
benefit being received by each parcel, and the cost per parcel. The report must be
accepted by the City Council and a vote of the property owners must be taken. This
process takes approximately five to six months and could be completed by late Spring
2005.
ITEM NUMBER: C - 3
DATE: 01/11/05
Financing Alternatives and Costs for Neighborhood Assessments
While previous studies have looked into financing neighborhood assessment districts
with a publicly issued general obligation bond, such a financing instrument is restrictive,
inflexible, and costly for a project of this size. If any of the neighborhoods choose to
move forward, additional financing alternatives could be considered, including:
1. Tax-Exempt Private Placement Bonds- This is a type of bond issued through a
broker for up to a 30-year period, however, unlike general obligation bonds the
bond issue is sold privately and not publicly. This avoids many of the issuance
costs typically associated with a general obligation bond. Like other bonds, the
note is difficult to refinance or payoff without restrictions. Estimated
financing/issuance costs are $35,000-$40,000 regardless of size.
2. Tax-Exempt Independent Bank Loan- This is a simple loan obtained by a local
bank. The loan is secured by the new revenue stream and the City’s credit. The
interest-rate on this type of loan is usually higher and the loan term is shorter.
Issuance costs aren’t as much and the financing is more flexible if prepayment or
a refinancing is preferred.
For purposes of demonstrating the estimated cost to each parcel, assuming the City
moved forward with the project and obtained financing of $1,033,000 plus startup costs
through an independent bank loan, financed over 10 years, at a rate of 5.25%, the
homes in the district would share an annual cost of approximately $145,250. Adding to
this amount the $100,000 required for annual maintenance, would result in an annual
collection amount of $245,250. This would result in assessments ranging roughly from
$650 to $4,200 per parcel depending on the condition of the neighborhood’s existing
street. This assessment amount assumes all neighborhoods are interested. If fewer
neighborhoods participate, the startup and administrative costs would be spread out to
fewer homes, making the proportional payment to each home greater. These annual
amounts could be reduced in some cases by up to 40% by extending the loan period for
an additional 20 years, but this would require the use of private placement bonds and
would cost each property more over the long term.
Additional Neighborhood Input
Last month, staff sent a letter to the property owners in each of the aforementioned
neighborhoods to determine if there was still interest in considering a neighborhood
assessment district for local street improvements. The letter indicated the approximate
total and annual costs for street improvements, reviewed the process and timeline for
moving forward, and requested a response from residents by November 24, 2004 to
determine if a majority of residents were still interested. Although only a simple majority
approval is required to implement these assessment-financing options, staff determined
that it was prudent and appropriate to obtain a 60% support threshold before incurring
the costs associated with pursuing the formation of an assessment district.
The following table illustrates the responses received:
ITEM NUMBER: C - 3
DATE: 01/11/05
NEIGHBORHHOD PARCELS
Responses
Received In Favor
Opposed RESULT
AURORA 12 4 2
2 NO
AZUCENA 43 10 6
4 NO
CALLE REFUGIO/
VIA TORTUGA 23 2 0
2 NO
CORTINA 20 4 2
2 NO
ENCINAL 11 3 3
0 NO
MANANITA 42 9 5
4 NO
MONTURA 7 5 0
5 NO
ORTEGA 14 6 2
4 NO
OTERO 7 2 0
2 NO
PINAL 6 3 2
1 NO
TOTALS 185 48 22
26 24% response rate
According to the results, the 60% threshold was not met in any neighborhood and it
appears these assessments will likely be cost prohibitive for many.
Future Possibilities: Citywide Assessment Districts and Special Taxes
Researching assessments for these neighborhoods revealed other opportunities for
raising revenues citywide. These options will now be reviewed throughout the
remainder of this report. With the increasing demand for City services, and the desire to
improve city streets, and better manage the City’s parks, open space, and trees, staff
recognized that the City Council should consider options that generate additional
funding for these purposes. Such measures would include asking the voters to form a
citywide assessment district or approve a special tax. Creation of this new revenue
source would provide a dedicated revenue stream for programs and would strengthen
the City’s financial position by further diversifying the City’s sources of revenue.
What Are Assessment Districts?
Assessment districts are fairly common amongst California cities since the passage of
Proposition 13 in 1978. Assessment districts exist to provide property owners with the
option of raising revenues for specific projects or services. All assessment districts must
be approved by a majority of property owners. There are three types of Assessment
Districts: 1913 Act Assessment Districts (street construction), 1972 Act Assessment
Districts (parks, trees, streetlights and open space construction, acquisition and
maintenance), and 1982 Act Assessment Districts (street, curb, sidewalk and/or storm
drain and flood control maintenance and services). Districts differ based on what the
funds will be used for.
What Could Assessment Proceeds be Used For?
ITEM NUMBER: C - 3
DATE: 01/11/05
In Atascadero’s case, funding is needed to repair and maintain the City’s streets, trees,
parks, and open space. Previous resident surveys suggest there may be support from
property owners for these purposes. If the City Council decided to pursue funding for
these purposes, the City would consider creating 1972 and 1982 Maintenance
Assessment Districts. Specifically, assessment districts could be used to:
Create a scheduled tree-trimming program for all of the City’s trees, ensuring
proper tree care and maintenance.
Purchase additional open space and expand available trails and recreational
areas.
Improve and maintain the City’s parks.
Improve and maintain the City’s street right-of-ways, beautifying the City’s
landscape, and entry points.
Improve and maintain the City’s 61 miles of collector and arterial roads. The
Atascadero Road Program is currently being funded by gas taxes, general funds,
and one-time regional revenues that could dry up as the state and federal
funding sources become bleaker. If this scenario happened, roads would further
deteriorate.
While 1982 Act Assessment Districts can also be utilized to fund local street
maintenance (within residential tracts), a citywide District would be extremely complex
with multiple rates and variables to address the wide variances in special benefit
resulting from significant differences in neighborhood street improvements resulting
from differing lot sizes, street frontage, street conditions, etc. Additionally, the inclusion
of 105 miles of local streets in a regular maintenance program at this time would greatly
increase annual costs and would make assessments cost prohibitive for most property
owners.
How Much Do Assessments Cost and How Much Funding Is Raised?
Assessments vary in amount depending on how much funding is needed, the
improvements and services provided, and on the property owner’s ability/desire to pay.
The actual assessment paid also differs based on land use and special benefits
received from the improvements and services provided. Single-family residential units
on parcels less than a .25 acre typically pay a base assessment, while large residential
parcels and commercial sites generally pay more. For example, if the city enacted an
annual assessment of $150, smaller homeowners would pay that base assessment,
while larger properties including commercial development would pay a proportionally
larger share based on their proximity to and the benefit from the improvements.
Assuming the assessments included parks, open space, trees and collector and arterial
streets, a commercial property on a similar size lot would likely be assessed 2 to 2.5
times more, or $300-$375. This assessment difference may be considerably less if the
assessment was for parks and open space only, or much greater if the assessment was
for arterial and collector streets only. Taking the example one step further, the $150
assessment would create an estimated annual revenue stream of approximately $2.5
million.
ITEM NUMBER: C - 3
DATE: 01/11/05
What is the Process for Forming an Assessment District?
The process for creating an assessment district often depends on the time and effort
invested in public education and community outreach, but generally for a citywide
district the process takes approximately 9-12 months and requires a commitment of
resources from both staff and outside consultants. Assessment Districts are formed
and voted on by property owners (votes are weighted based on the assessment that will
be paid, $1 equals one vote) and not by registered voters. The district is formed if a
majority of property owners don’t object to formation of the district. Revenues are
collected by the County and remitted to the City semi-annually with property tax
receipts. For illustrative purposes, Attachment A outlines the process that would be
followed if a decision was made today to further consider the formation of an
assessment district.
The formation of an assessment district must be completed by July for inclusion on the
following fiscal year’s property tax bills. Once property owner balloting approves the
initial maximum assessment and the district is formed, the City conducts an annual
public hearing for the district prior to levying the next year’s annual assessments.
Assuming the assessments for the upcoming fiscal year (based on a proposed budget
and annual engineer’s report) do not exceed the maximum assessments previously
approved, additional property owner balloting is not required to levy on-going
assessments. If the proposed annual expenditures require a new or increased
assessment, the increase must be approved through a property owner balloting.
A Review of Special Taxes
Implementing assessment districts is one way to raise local revenues. Another
common method used is to seek approval for a voter-approved tax. While proceeds
from general taxes (i.e. Property Tax; Sales and Use Tax; Business License Tax;
Transient Occupancy Tax; Utility User's Tax; etc) are deposited into the general fund
and are used for general governmental purposes, Special Taxes are earmarked for a
specific purpose or governmental program. Special taxes can be implemented to
finance a myriad of services if the City can obtain the two-thirds vote required to
implement the tax. Special Taxes are in the form of a parcel tax on property and are:
Flexible in structure and implementation;
Require super-majority approval (2/3 of registered voters);
A strict benefit nexus is not required. While assessments may only be levied for
“special benefit” a special tax only needs to demonstrate reasonable benefit. This
is a significant difference that often allows the method and rate structure to be
much simpler and less difficult to explain to residents and property owners;
Funds may be spent on any purpose that the tax is created for, i.e. public safety,
road maintenance, parks, trees, etc. The City is not limited to street and tree
maintenance only. Generally there is more flexibility in how the overall tax
revenues are spent as compared to assessments, but the money may only be
used for the purposes for which the special tax was adopted and approved by the
voters. For example, if a special tax was approved for street maintenance, the
funding could potentially be used for any street improvements including
ITEM NUMBER: C - 3
DATE: 01/11/05
neighborhood streets, provided that the ballot measure/ordinance did not restrict
the funds to specific streets, services or street types;
Voter approval may be obtained at either a special or general election by ballot;
Ballot measures for special taxes must include a statement indicating the specific
purposes of the tax;
The proceeds may only be applied to the specified purposes;
Similar to assessments, special tax are generally collected on the County tax
rolls as part of each parcel’s property tax bill. The revenues collected by the
County and remitted to the City are to be deposited into a separate account; and,
The City must prepare an annual report for its governing body that includes the
amount of funds collected and expended and the status of any project funded by
the tax.
FISCAL IMPACT:
If the City chooses to move forward with the creation of assessment districts, the total
estimated cost would be approximately $70,000. $30,000 is required for financial
consultants and the engineer’s report, $15,000 for marketing/polling costs, and $25,000
for balloting costs. Costs will be incurred incrementally as the process moves forward.
At this point, only $45,000 is necessary for financial studies and polling. $25,000 is
available in the existing budget and an additional $20,000 is needed. These funds
would come from the City’s General Fund and a portion from the Tree Fund as the
assessment districts may be set up for open space and tree preservation/planting.
Costs for implementing a special tax would be somewhat less because an engineer’s
report is not required. Costs for each proposal must be fronted by the City, and if the
assessment district or tax is formed, the new revenues can reimburse city for these
costs.
If an assessment district or tax is approved, new revenues of over $2 million annually
could be realized.
ALTERNATIVES:
1. Move forward with neighborhood assessment districts only.
2. Move forward to study citywide assessment district only.
3. Move forward with both districts simultaneously.
4. Don’t implement assessment districts.
5. Move forward with consideration of a special tax.
ATTACHMENTS:
Attachment A: Process for Forming Assessment Districts
Attachment B: Process for Creating a Special Tax
ITEM NUMBER: C - 3
DATE: 01/11/05
ATTACHMENT A
PROCESS FOR FORMATION OF ASSESSMENT DISTRICTS
Costs for certain steps are in parenthesis and would need to be fronted by the city. If the district was
formed, the district would then reimburse the City for formation costs:
Task:
1. Establish concept for assessment district and estimates for
assessment unit values per land use type to determine revenues.
2. Conduct polling in community to determine potential support
($15,000) and a financial study of the proposed district ($15,000).
Host community meetings.
3. City Council decides if the City wants to continue to move forward
with assessment districts based on polling/meeting input.
4. Create a public information piece for distribution outlining costs,
process, and benefits of an assessment district and the work to be
done. Hold several community meetings to answer questions.
5. After distribution of information and meetings, determine
level of community support.
6. If it appears that 60% of property owners are supportive of
formation of the district, then proceed with an engineers
report for the proposed district ($15,000).
7. Receive completed Engineer’s Report.
8. Engineer’s report submitted to the City Council for approval.
Resolution of Intention is adopted setting the date and time
for a public hearing regarding formation of the district.
9. Prepare public hearing notices and ballots for all property
owners in the proposed assessment district.
10. Send out ballots (ballots are weighted by the amount of
proposed assessment so essentially it is $1 = 1 vote.
($20,000)
11. Public hearing held to receive arguments in favor and in
opposition to the district. All ballots are due prior to the
close of the hearing.
12. Ballots are tabulated. If more of the assessment is voted
In opposition to the district than in favor, the Assessment
District must be abandoned. If not, then the City Council
may vote to approve the final Engineer’s Report and
establish the district.
13. Engineer’s Report turned over to County for enrollment on
the 06-07 tax rolls.
14. Revenue is received from county.
ITEM NUMBER: C - 3
DATE: 01/11/05
ATTACHMENT B
PROCESS FOR APPROVAL OF A SPECIAL TAX
Costs for certain steps are in parenthesis and would need to be fronted by the city. If the tax is approved,
new revenues could then reimburse the City for election costs:
Task:
1. Establish mechanism for special tax and estimates for
The amount that would be paid and the revenue generated.
2. Conduct polling in community to determine potential
support ($15,000) and a financial study of the proposed tax ($15,000).
Host community meetings.
3. City Council decides if the City wants to move forward with
A special tax.
4. Create a public information piece for distribution outlining
proposed tax amounts, process, and benefits of a special tax
and the benefits that will be derived. Hold several community
meetings to answer questions.
5. After distribution of information and community meetings,
determine level of community support.
6. If it appears that 55% of registered voters are supportive of
The special tax, then proceed with setting a date for a special
election.
7. Prepare notices and ballots for all registered voters in the City.
8. Conduct Special Election ($25,000).
9. Ballots counted and results announced.
10. Tax is levied by City Council.
11. Tax is collected.
ITEM NUMBER: C - 4
DATE: 01/11/05
Atascadero City Council
Staff Report – Public Works Department
Traffic Signal at the intersection of
San Gabriel Road and Morro Road (Rte. 41)
RECOMMENDATION:
Council authorize staff to proceed with the design and placement of a traffic signal at
the intersection of San Gabriel Road and Morro Road (Rte. 41).
DISCUSSION:
The City Council directed staff to investigate the placement of a traffic control signal at
the intersection of San Gabriel Road and Morro Road (Rte. 41). This issue has been
before the Council several times in prior years. Concerns include the difficulty for
vehicles and pedestrians to cross or turn off of San Gabriel Road onto Morro Road
(Rte. 41), speed and opposition concerns that the signal will cause delays on Morro
Road and increase traffic on San Gabriel Road.
Caltrans has conducted a Warrant Analysis for the intersection in past years finding it
did not qualify. Caltrans updated their analysis November 10th and 11th, 2004, and this
time found the intersection does meet warrants. A Warrant Analysis studies vehicle
and pedestrian traffic volumes, accident history and area road geometrics to determine
if a signal is warranted. In this case they found a signal was warranted based on Four
Hour and Peak Hour Vehicular Traffic Volumes.
City Staff approached Caltrans about funding the installation of the signal. Caltrans
stated that they have no funding for this signal since the accident warrants are low and
Caltrans has very little discretionary funds. The maintenance and electricity would be
split by the City and Caltrans.
The 2003/2005 City of Atascadero Budget has $300,000.00 appropriated for a signal at
this location. It is recommended staff proceed on a conceptual site layout and
constraints analysis for a signal. Staff should then proceed on the design and
placement of the signal, if the analysis proves the placement of the signal is feasible
and not cost prohibitive.
ITEM NUMBER: C - 4
DATE: 01/11/05
FISCAL IMPACT:
Expenditure of $300,000.00 of Traffic Impact Fees from the 2003/2005 City Budget.
ALTERNATIVES:
Do not construct the traffic signal at the intersection of San Gabriel Road and Morro
Road (Rte. 41).
ATTACHMENTS:
Warrant Analysis
ITEM NUMBER: C - 5
DATE: 01/11/05
Atascadero City Council
Staff Report – Public Works Department
North County Transit Study
Atascadero Short Range Transit Plan
RECOMMENDATIONS:
Council:
1. Receive the presentation by LSC Transportation Consultants; and
2. Receive public comment on the Short Range Transit Plan and the North County
Transit Study; and
3. Give staff further direction on how to proceed.
DISCUSSION:
LSC Transportation Consultants, a private company contracted by the San Luis Obispo
Council of Governments (SLOCOG), has prepared two planning documents: the Short
Range Transit Plan and the North County Transit Study. Both studies relate to local
transportation services.
The North County Transit Study identifies ridership in the north county, outlines
demographic characteristics, provides operating data about each transit system
operating in the area, identifies goals and objectives for future transit decision making
and identifies service, coordination and governance alternatives. This study was created
to address the additional transit funding now available to the area due to the federal
designation of the North County as an “urbanized area.”
The other study, the Short Range Transit Plan, must be adopted by the City Council and
submitted to SLOCOG every five years as a requirement of receiving TDA funding. The
focus of this document is identical to the North County Transit Study, however, its scope
is limited to Atascadero Transit. The Plan makes various recommendations relating to
service hours, fares and coordination with other transit services.
ITEM NUMBER: C - 5
DATE: 01/11/05
The Consultant is recommending the following:
Service Recommendations
Phase I Fixed Route (2005-2006) - Combine the existing El Camino Shuttle with the
Paso Robles Route C into a single loop providing hourly headway starting at Paloma
Park, north on El Camino Real, traveling through downtown Templeton, on to Twin
Cities Hospital and north to the Paso Robles Multimodal Center and the North County
Cuesta College Campus. Saturday service would also be provided in this scenario.
Phase II Fixed Route (2008-2009) - Modify the local fixed route loop created in Phase I
to start at the Atascadero Lake Park, traveling east on Morro Road to El Camino Real
and north to Paso Robles along the same route as the Phase I loop with the exception
that service to Cuesta College would be replaced with a loop on Creston and Niblick
Roads. Local service from Paloma Park would be provided by RTA Route 9 which
would increase service to hourly headways in Phase II.
Dial-A-Ride Service Expansion - Dial-A-Ride service would be expanded from the
existing 7:30 a.m. to 4:30 p.m. for an additional 1.5 hours per day to 7:00 a.m. to 5:30
p.m. The Consultant feels that these additional service hours will allow more service to
residents commuting to jobs and serving after school youth programs.
Implement a 2-Zone Dial-A-Ride Fare System
Designation of the North County as an urbanized area has increased the minimum
farebox ratio required under the Transportation Development Act (TDA) from 10 to 20
percent. To increase the equity of the program, the Consultant is recommending a 2-
zone system. Doubling the fares in the outlying areas would result in the passengers
paying the same proportion of the cost of their trip as riders in the central area.
The average cost to provide a ride in the central area is $10.44 with a fare for Senior
and Disabled passengers of $1.00. The average cost of providing a ride in the outlying
areas is $23.50, and therefore, by increasing the fare to $2.00 for this same customer,
the subsidy required to provide this trip is similar.
Capital Recommendations
New Atascadero Transit Center
Improve Passenger Amenities
Bicycle/Pedestrian Facilities
Purchase Transit Vehicles
Automatic Vehicle Location
Telecommunications Device for the Deaf
ITEM NUMBER: C - 5
DATE: 01/11/05
Institutional Recommendations
Execute an MOU between the Cities of Atascadero and Paso Robles
Participate in North County Marketing Study
Joint Service Procurement
Regional Coordination through the North County Operators Committee.
Promote Transit-Supportive Development Patterns
Enhance Atascadero Marketing Program.
Financial Recommendations
Provide Consistent Transit Fares in North County
Implement a 2-Zone Dial-A-Ride Fare System
Revise Definition of Senior to 65 and Older.
Share Regional Farebox Revenues with Participating Jurisdictions for Purposes
of Calculating TDA Minimum Farebox Ratio
Provide Transit Services Through Existing Local, State and Federal Funding
Unfortunately, staff does not agree with many of the recommendations of the two plans.
If implemented as recommended, Atascadero Transit could see a loss in efficiency and
an increase in operating costs. Specifically, the plans:
Increase the cost of the El Camino Shuttle by $30,000 per year
Eliminate local fixed route service to a large segment of the city
Increase the cost of the Dial-A-Ride system by $40,000 per year
Require an additional $220,000 “off the top” of the 5307 funds for expanded RTA
Route 9 service. These monies can be used to improve roads if not taken for
other purposes.
Staff plans to meet with LSC Transportation Consultants, the City of Paso Robles, RTA
representatives and SLOCOG staff to make changes to the report to address the City’s
concerns.
FISCAL IMPACT:
Atascadero Transit is funded through a combination of Transportation Development Act
(TDA) funds, Federal 5307 funds and farebox revenues. The recommendations would
increase the current cost to the City of Atascadero of providing transit service by an
estimated $160,000 per year.
Regulations allow for TDA funds remaining after transit requirements are met to be
spent on street and road improvements. An increase in the cost of transit service has a
direct result in the amount of funds available for street and road improvements.