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Agenda Packet 03/09/2004
A j 1918 ' , 1-97-9 CITY OF ATASCADERO CITY COUNCIL AGENDA TUESDAY, MARCH 9, 2004 7:00 P.M. Atascadero Lake Pavilion 9315 Pismo St. Atascadero, California REDEVELOPMENT AGENCY: 6:30 P.M. REGULAR SESSION: 7:00 P.M. PLEDGE OF ALLEGIANCE: Council Member Clay ROLL CALL: Mayor Luna Mayor Pro Tem Scalise Council Member Clay Council Member O'Malley Council Member Pacas INTRODUCTIONS: COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to five minutes. Please state your name and address for the record before making your presentation. The Council may take action to direct the staff to place a matter of business on a future agenda. A maximum of 30 minutes • will be allowed for Community Forum, unless changed by the Council.) 1 x 1 APPROVAL OF AGENDA: Roll Call PRESENTATIONS: 1. Proclamation declaring March 2004 "Red Cross Month" 2. Proclamation declaring Atascadero "Tree City USA— 2004" COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Council may take action on items listed on the Agenda.) A. CONSENT CALENDAR: (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Council or public wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the consent calendar and will be considered in the listed sequence with an opportunity for any member of the public to address the Council concerning the item before action is taken.) 1. City Council Meeting Minutes —January 27, 2004 ■ City Clerk recommendation: Council approve the City Council minutes of the meeting of January 27, 2004. (City Clerk) 2. City Council Strategic Planning Workshop —January 30-31, 2004 ■ City Clerk recommendation: Council approve the Strategic Planning Meeting minutes of the meeting of January 30-31, 2004. (City Clerk) 3. City Council Meeting Minutes - February 10, 2004 ■ City Clerk recommendation: Council approve the City Council minutes of the meeting of February 10, 2004. (City Clerk) 4. January Disbursements — January 2004 ■ Fiscal Impact: $1,438,422.44 ■ Staff recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for January 2004. (Administrative Services) 2 a 5. City Treasurer's Report— January 2004 ■ Fiscal Impact: None ■ City Treasurer recommendation: Council approve the City Treasurer's report for January 2004. (City Treasurer) B. PUBLIC HEARINGS: 1. GPA 2003-0007 ECOSLO Settlement Agreement ■ Fiscal impact: None ■ Staff recommendation: Adopt Draft Resolution A approving General Plan Amendment 2003-0007 based on findings. (Community Development) 2. Pine Mountain Transfer of Development Rights - GPA 2003-0009 ■ Fiscal impact: The project would likely have a slight negative impact on City revenues. As a general rule, single-family dwellings require services that exceed the revenue generated by the proposed uses. In addition, the retention of Pine Mountain as additional undeveloped passive open space would likely have a slight negative impact on City revenues. ■ Planninq Commission Recommends: Approval (1 —4): Transfer of Development Rights 1. Adopt Resolution A certifying Proposed Mitigated Negative Declaration 2003-0069; and, 2. Adopt Resolution B approving General Plan Amendment 2003- 0009 based on findings; and, 3. Adopt Ordinance A introducing for first reading, by title only, draft ordinance for first reading to approve Zone Change 2003-0073 based on findings; and, 4. Adopt Resolution C approving Development Agreement 2004-0001 based on findings; and, ■ Planninq Commission Recommends: Denial (5 - 8): Coromar Avenue 5. Adopt Ordinance B introducing for first reading, by title only, draft ordinance for first reading to approve Zone Change 2003-0072 based on findings; and, 3 a 6. Adopt Ordinance C introducing for first reading, by title only, draft ordinance for first reading to approve Zone Change 2003-0074 based on findings; and, 7. Adopt Resolution D approving the Master Plan of Development (CUP 2003-0120) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 8. Adopt Resolution E approving Vesting Tentative Tract Map 2003-0041 based on findings and subject to Conditions of Approval and Mitigation Monitoring. ■ Planning Commission Recommends: Approval (9 — 10) Colima Road 9. Adopt Ordinance D (Zoning Text) and Ordinance E (Zoning Map Change) introducing for first reading, by title only, draft ordinance for first reading to approve Zone Change 2003-0076 based on findings; and, 10.Adopt Resolution F approving Vesting Tentative Tract Map 2003-0042 based on findings and subject to Conditions of Approval and Mitigation Monitoring. ■ Planning Commission Recommends: Approval (11 — 12) Ferrocaril Road — De Anza Estates 11.Adopt Resolution G approving the Master Plan of Development Amendment (CUP 2002-0067) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 12. Adopt Resolution H approving Vesting Tentative Tract Map 2003-0045 based on findings and subject to Conditions of Approval and Mitigation Monitoring. (Community Development) C. MANAGEMENT REPORTS: 1. Consideration and Adoption of a Resolution Establishing Non Residential Development Impact Fees: ■ Fiscal impact: Increase in development impact fees compared to prior years. Actual increase depends on the amount of development. ■ Staff recommendation: Council adopt draft Resolution, establishing a non residential schedule of development impact fees. (City Manager) 4 • D. ATTORNEY REPORTS: 1. Emergency Resolution ■ Fiscal impact: Unknown ■ City Attorney recommendation: Council adopt the draft Resolution continuing in full force and effect the resolutions declaring the existence of a state of emergency and directing the City Manager to take direct and immediate acts to repair or replace public facilities and authorize the mayor to execute it. (City Attorney) E. COMMITTEE & LIAISON REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary): Mayor Luna 1. Finance Committee 2. Integrated Waste Management Authority (IWMA) 3. County Mayor's Round Table Mayor Pro Tem Scalise 1. Atascadero State Hospital Advisory Board (appointed by Governor) 2. Local Agency Formation Commission (LAFCO) (City Selection Committee appointment) 3. S.L.O. Council of Governments (SLOCOG)/S.L.O. Regional Transit Authority (SLORTA) Council Member Clay 1. Water Committees Council Member O'Malley 1. Finance Committee 2. City/ Schools Committee 3. Air Pollution Control District (APCD) 4. League of California Cities - Grassroots Network 5. Economic Vitality Corporation, Board of Directors (EVC) Council Member Pacas 1. City/ Schools Committee 2. Atascadero Youth Task Force 5 R f F. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager G. ADJOURNMENT: Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this public hearing will be distributed to the Council and available for review in the City Clerk's office. I, Marcia McClure Torgerson, City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the March 9, 2004 Regular Session of the Atascadero City Council was posted on March 2, 2004 at the Atascadero City Hall Annex, 6905 EI Camino Real, Suite 6, Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location. Signed this 2"d day of March 2004 at Atascadero, California. Marcia McClure Torgerson, C.M.C., City erk City of Atascadero • 6 x City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING 40he City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m., at the Atascadero Pavilion on the Lake, 9315 Pismo St., Atascadero. Matters are considered by the Council in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the City Clerk and are available for public inspection during City Hall Annex business hours at the Central Receptionist counter and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the City Council. The minutes of this meeting will reflect these numbers. All documents submitted by the public during Council meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the City Clerk's office. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office or the City Clerk's Office, both at (805) 461-5000. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON AGENDA ITEMS Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and will request anyone interested to address the Council regarding the matter being considered to step up to the podium. If you wish to speak for, against or comment in any way: • You must approach the podium and be recognized by the Mayor • Give your name and address (not required) • Make your statement • All comments should be made to the Mayor and Council • All comments limited to 5 minutes (unless changed by the Council) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. If you wish to use a computer presentation to support your comments, you must notify the City Clerk's office at least 24 hours prior to the meeting. Access to hook up your laptop to the City's projector will be provided. You are required to submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk before the meeting begins to announce your presence and turn in the printed copy. The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the Council to: • Please approach the podium and be recognized • Give your name and address (not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Council). 40, HAVE ITEMS PLACED ON AGENDA business matters to appear on the Agenda must be in the Office of the City Manager 14 days preceding the Council meeting. Should you have a matter you wish to bring before the Council, please mail or bring a written communication to the City Manager's office in City Hall prior to the deadline. 7 t RED CROSS MONTH MARCH 2004 WHEREAS, The American Red Cross is a humanitarian organization led by volunteers with a mission to provide relief to victims of disaster and to help people prevent, prepare for, and respond to emergencies;and WHEREAS, today, in a collaborative effort with the federal government and members of the emergency planning community, the San Luis Obispo County Red Cross continues to educate and prepare the community with the initiative, Together We Prepare. Aimed at empowering individuals and families to protect themselves, the San Luis Obispo County Red Cross encourages residents to help make their homes and community safer by making a plan, building a kit,getting trained,and volunteering. WHEREAS, the San Luis Obispo County Red Cross has served the community since 1917, providing disaster relief to victims of wildfires, earthquakes, and hazardous materials incidents; providing disaster preparedness education emergency services and communication to the military and their families;providing CPR and First Aid training; and providing volunteer opportunities and youth involvement to the citizens of this County;and WHEREAS, American Red Cross volunteers standoised to respond to local, national P p , and international emergencies should the need arise. As demonstrated during the recent San Simeon Earthquake, the local Chapter successfully provides food, clothing, housing, and mental health services to those with disaster-caused losses in our County. Victims of disaster, military personnel or family members, or those looking to prepare for'the unexpected,rely on the San Luis Obispo County American Red Cross. NOW, THEREFORE, I, Mayor George Luna, on behalf of the Atascadero City Council do hereby proclaim March 2004 as American Red Cross Month. As we celebrate American Red Cross Month, I call upon all our citizens of Atascadero to become partners in preparedness with their local Red Cross Chapter and to become active participants,in advancing the noble mission of the Red Cross. WITNESS THEF O FICIAL SEAL OF THE CITY OFATASCADERO Dr. George Luna;Mayor City of Atascadero March 9 2004 TREE CITY USA - 2004 WHEREAS, in 1872,J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees,and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and Arbor Day is now observed throughout the nation and the world,and WHEREAS, trees reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife,and WHEREAS, trees are a renewable resource giving us paper, wood for our homes,fuel for our fires and countless other wood products,and WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community,and wherever they are planted, are a source of joy and spiritual renewal,and WHEREAS, A national Arbor Day Foundation program, Tree City USA, recognizes U. S. towns and cities which develop comprehensive urban forestry programs,and WHEREAS, the City of Atascadero has been recognized for sixteen years as a Tree City USA by The National Arbor Day Foundation and continues its tree-planting and preservation practices, and WHEREAS, Atascadero observes Arbor Day in March of each year and celebrates the Festival of the Oaks each year in recognition of the importance of native trees in the community, and WHEREAS, the Atascadero Native Tree Association provides educational and awareness programs for the community on the importance of continuedrenewal and care of our native forest NOW, THEREFORE, I George Luna, Mayor of the City of Atascadero, do hereby proclaim the City of Atascadero as -TREE CITY USA 2004" And urge all citizens to support efforts to protect our trees and woodlands,and participate in the educational activities.planned by the Native Tree Association. Dr. George Luna,Mayor City of Atascadero, California March 9,2004 2 ITEM NUMBER: A- 1 DATE: 03/09/04 r9'$ 19 CITY OF ATASCADERO CITY COUNCIL ........... DRAFT MINUTES TUESDAY, JANUARY 27, 2004 7:00 P.M. REGULAR SESSION: 7:00 P.M. Mayor Luna called the meeting to order at 7:00 p.m. and Council Member Pacas led the Pledge of Allegiance. • ROLL CALL: Present: Council Members, Pacas, O'Malley, Clay, Scalise and Mayor Luna Absent: None Others Present: City Clerk Marcia McClure Torgerson Staff Present: City Manager Wade McKinney, Assistant City Manager Brady Cherry, Administrative Services Director Rachelle Rickard, Public Works Director Steve Kahn, Community Development Director Warren Frace, Information Technology Director Andrew Fruin, Planning Services Manager Steve McHarris, Associate Planner Kelly Gleason, Police Chief Dennis Hegwood, Fire Chief Kurt Stone and City Attorney Roy Hanley. COMMUNITY FORUM: John Davis, Pastor of Christ Chapel, led the meeting in prayer. Mayor Luna closed the Community Forum period. CC Draft Minutes 01/27/04 Page 1 of 8 3 ITEM NUMBER: A- 1 DATE: 03/09/04 APPROVAL OF AGENDA: MOTION: By Council Member O'Malley. and seconded by Council Member Clay to approve the agenda. Motion passed 5.0 by a roll-call vote. COUNCIL ANNOUNCEMENTS AND REPORTS: Council Member O'Malley referred to the "Pavilion on the Lake" brochure and commended staff for their efforts in putting the brochure together. Additionally, he spoke about the ease of making a FEMA claim and encouraged anyone with earthquake damage to call the agency. A. CONSENT CALENDAR: 1. City Council Meeting Minutes — December 9, 2003 ■ City Clerk recommendation: City Council approve the City Council minutes of the meeting of December 9, 2003. [City Clerk] 2. City Council Special Meeting Minutes — December 24, 2003 ■ City Clerk recommendation: City Council approve the City Council minutes of the meeting of December 24, 2003. [City Clerk] 3. City Council Special Meeting Minutes —January 8, 2004 ■ City Clerk recommendation: City Council approve the City Council minutes of the meeting of January 8, 2004. [City Clerk] 4. City Treasurer's Report- October 2003 ■ Fiscal impact: None. ■ City Treasurer recommendation: City Council approve the City Treasurer's report for October 2003. [City Treasurer] 5. City Treasurer's Report— November 2003 ■ Fiscal impact: None. ■ City Treasurer recommendation: City Council approve the City Treasurer's report for November 2003. [City Treasurer] 6. Acceptance of Final Map 2003-0062 - Parcel Map AT 02-0373 (TPM 2003-0062) 3955 Monterey Road (Kuden /Westland Engineering) ■ Fiscal impact: None ■ Staff recommendations: Council: 1. Accept Final Map 2003-0062 (Parcel Map AT 02-0373); and, 2. Reject offers of dedication for public utility easement without J p tY prejudice to future acceptance. [Public Works] CC Draft Minutes 01/27/04 Page 2 of 8 4 ITEM NUMBER: A- 1 DATE: 03/09/04 • 7. Disadvantaged Business Enterprise Goal ■ Fiscal impact: Staff time to monitor DBE program. ■ Staff recommendation: Council adopt Disadvantaged Business Enterprise (DBE) participation goal. [Public Works] MOTION: By Council Member Clay and seconded by Council Member O'Malley to approve Items #A-1 through 7. Motion passed 5.0 by a roll-call vote. B. PUBLIC HEARINGS: 1. Reconsideration of Single Family Planned Development Zone Change 2003-0048 - Master Plan of Development (CUP 2003-0098) Vesting Tentative Tract Map 2003-0032 4900 Obispo Road, APN 049- 102-055 (Shores) ■ Fiscal impact: The project would likely have a slight negative impact on City revenues. As a general rule, single-family dwellings require services that exceed the revenue generated by the proposed uses. • ■ Planning Commission recommendations: Council: 1. Adopt Resolution A, certifying Mitigated Negative Declaration 2003- 0045; and, 2. Introduce for first reading, by title only, draft Ordinance A approving Zone Change 2003-0048 based on findings; and, 3. Adopt draft Resolution B approving the Master Plan of Development (CUP 2003-0098) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 4. Adopt draft Resolution C approving Vesting Tentative Tract Map 2003-0032, based on findings and subject to Conditions of Approval and Mitigation Monitoring. [Community Development] Planning Services Manager Steve McHarris with Public Works Director Steve Kahn gave the staff report and answered questions of Council. PUBLIC COMMENT Russ Thompson, representative of Applicant, stated that he feels since the last meeting where this project was discussed, they have mitigated all the concerns of the Council. He distributed to the Council a supplement tree condition report for this project. (Exhibit A) Council Member O'Malley reviewed Mr. Thompson's comments and clarified specific points. Mike Lewis expressed his concerns with the approval of this project. CC Draft Minutes 01/27/04 Page 3 of 8 5 ITEM NUMBER: A- 1 DATE: 03/09/04 Council Member Pacas pointed out that the property in question was not re-zoned with • the adjacent properties with the revised General Plan. Walt Lewis, Mike Lewis' father and the original owner of the property being discussed, explained the actions that were taken during the sale of this property to Mr. Shores. Eric Greening asked for clarification on specific portions of the staff report on this project. Casey Patterson, landscape architect, stated that there would be 80% screening within 3 years. The self-maintaining native plantings should reach 100% screening by 7 years. He offered to answer any questions of the Council. Randy Lawrence stated his concerns with the project; traffic impacts, the need for Obispo Road to be widened, and density of this project compared to the surrounding neighborhood. Russ Thompson, representative for applicant, commented on issues brought up during public comment. Mayor Luna closed the Public Comment period. Public Works Director Kahn stated that there have been no accidents recorded on • Obispo Road. Police Chief Dennis Hegwood stated that the speed limit on a residential road is 25 MPH. The number of driveways per quarter mile determines the designation as residential. City Attorney Roy Hanley stated stop signs could not be installed unless warranted. Additionally, this would increase liability for the City and could create a civil matter. Council Member O'Malley asked for clarification on specific portions of this project. Mayor Luna discussed the public benefit portion of this proposal. He stated that he does not feel this proposal offers enough public benefit. Council Member Pacas asked for clarification of the potential for future subdivisions of the adjacent properties. She agreed with Mayor Luna regarding the lack of public benefits from project. MOTION: By Mayor Pro Tem Scalise and seconded by Council Member Clay to adopt Resolution A, certifying Mitigated Negative Declaration 2003-0045; and, introduce for first reading, by title only, draft Ordinance A approving Zone Change 2003-0048 based on findings; and, adopt draft Resolution B approving the Master Plan of Development (CUP 2003-0098) based on findings and subject to Conditions of Approval and Mitigation CC Draft Minutes 01/27/04 Page 4 of 8 6 ITEM NUMBER: A- 1 DATE: 03/09/04 Monitoring; and, adopt draft Resolution C approving Vesting • Tentative Tract Map 2003-0032 based on findings and subject to Conditions of Approval and Mitigation Monitoring. Motion passed 3:2 by a roll-call vote. (Pacas, Luna opposed) (Resolutions No. 2004-002, 2004-003, 2004-004) 2. Single Family Planned Development Zone Change 2002-0036 - Master Plan of Development (CUP 2003-0087) Vesting Tentative Tract Map 2003-0043 7755 Navajoa Ave (Huckobey, Emrich) Fiscal impact: None Staff recommendation: City Council continue this item. [Community Development] Mayor Luna asked if there were any public comment on this issue. PUBLIC COMMENT— None MOTION: By Council Member Clay and seconded by Council Member O'Malley to continue Item #13-2. Motion passed 5:0 by a roll-call vote. Mayor Luna recessed the hearing at 8:22 p.m. Mayor Luna called the meeting back to order at 8:32 p.m. 3. Single Family Planned Development Zone Change 2003-0053 - Master Plan of Development (CUP 2003-0102) - Vesting Tentative Tract Map 2003-0034 5785 San Jacinto Ave (Bennett) ■ Fiscal impact: The project would likely have a slight negative impact on City revenues. As a general rule, single-family dwellings require services that exceed the revenue generated by the proposed uses. ■ Planning Commission recommendations: Council: 1. Adopt Resolution A certifying Mitigated Negative Declaration 2003- 0057; and, 2. Introduce for first reading, by title only, draft Ordinance A approving Zone Change 2002-0053 based on findings; and, 3. Adopt draft Resolution B approving the Master Plan of Development (CUP 2003-0102) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 4. Adopt draft Resolution C approving Vesting Tentative Tract Map 2003-0034 based on findings and subject to Conditions of Approval and Mitigation Monitoring. [Community Development] • Planning Services Manager Steve McHarris gave the staff report and answered questions of Council CC Draft Minutes 01/27/04 Page 5 of 8 7 ITEM NUMBER: A- 1 DATE: 03/09/04 PUBLIC COMMENT Rex Bennett, Applicant, explained his proposal and the additional costs involved to • move the telephone pole on the property. Mayor Luna closed the Public Comment period. Mayor Pro Tem Scalise indicated she was not in favor of changing the in-lieu fee to 5%. Council Member Pacas asked Mr. Bennett if he would agree to the 5% in-lieu fee. He said yes. MOTION: By Council Member Pacas and seconded by Council Member O'Malley to adopt Resolution A certifying Mitigated Negative Declaration 2003-0057; and, introduce for first reading, by title only, draft Ordinance A approving Zone Change 2002-0053 based on findings; and, adopt draft Resolution B approving the Master Plan of Development (CUP 2003-0102) based on findings and subject to Conditions of Approval and Mitigation Monitoring and with a finding to approve a 10 foot front setback for the existing residence and with the additional condition as recommended by staff; and, adopt draft Resolution C approving Vesting Tentative Tract Map 2003-0034 based on findings and subject to Conditions of Approval and • Mitigation Monitoring and changing the in-lieu fee from 2.5 percent to 5.0 percent. Motion passed 5.0 by a roll-call vote. (Resolutions No. 2004- 005, 2004-006, 2006-007) 004- 005, 2004-006, 2006-007) 4. Wastewater Master Plan and Municipal Code Amendments ■ Fiscal impact: Minor. If staff had a practical way of determining when a property transfers ownership, additional connection fees could be received from properties with private septic sewer when they transferred ownership if sewer was available. ■ Staff recommendation: Council introduce for first reading by title only, the draft Ordinance amending Title 7, Chapters 1 through 13 of the Atascadero Municipal Code pertaining to Wastewater. [Public Works] Public Works Director Steve Kahn gave the staff report and answered questions of Council. PUBLIC COMMENT Eric Greening suggested that the City notify the public about the pool draining violation in water bills. • Mayor Luna closed the Public Comment period. CC Draft Minutes 01/27/04 Page 6 of 8 8 ITEM NUMBER: A- 1 DATE: 03/09/04 MOTION: By Council Member O'Malley and seconded by Council • Member Clay to introduce for first reading by title only, the draft Ordinance amending Title 7, Chapters 1 through 13 of the Atascadero Municipal Code pertaining to Wastewater. Motion Passed 5.0 by a roll-call vote. C. MANAGEMENT REPORTS: None D. ATTORNEY REPORTS: 1. Emergency Resolutions ■ Fiscal impact: Unknown ■ City Attorney recommendation: City Council: 1. Adopt the draft Resolution continuing in full force and effect the resolutions declaring the existence of a state of emergency and directing the City Manager to take direct and immediate acts to repair or replace public facilities and authorize the mayor to execute it; and, 2. Adopt the draft Resolution repealing Resolution No. 1998-014 and updating the authorization of certain City representatives to execute State Office of Emergency Services documents for certain financial assistance. City Attorney Roy Hanley gave the staff report. PUBLIC COMMENT - None MOTION: By Council Member Clay and seconded by Council Member O'Malley to adopt the draft Resolution continuing in full force and effect the resolutions declaring the existence of a state of emergency and directing the City Manager to take direct and immediate acts to repair or replace public facilities and authorize the mayor to execute it; and, adopt the draft Resolution repealing Resolution No. 1998-014 and updating the authorization of certain City representatives to execute State Office of Emergency Services documents for certain financial assistance. Motion passed 5.0 by a roll-call vote. (Resolutions No. 2004- 008, 2004-009) E. COMMITTEE & LIAISON REPORTS: Mayor Pro Tem Scalise 1. S.L.O. Council of Governments (SLOCOG)/S.L.O. Regional Transit Authority • (SLORTA): Will be applying funds to several projects in Atascadero including Highway 101/41. CC Draft Minutes 01/27/04 Page 7of8 9 ITEM NUMBER: A- 1 DATE: 03/09/04 Council Member O'Malley 1. Reported on a new committee assignment for the Atascadero performing arts. • F. INDIVIDUAL DETERMINATION AND/OR ACTION: City Clerk City Clerk Marcia McClure Torgerson reported that Council Members Clay and Pacas interviewed Kaci Pflum, the applicant for the Youth Representative to the Parks and Recreation Commission, and approved her for the position. She also gave a status report on the Planning Commission applications. G. ADJOURNMENT: Mayor Luna adjourned the meeting at 9:45 p.m. to the next regularly scheduled meeting on February 10, 2004. MEETING RECORDED AND MINUTES PREPARED BY: Marcia McClure Torgerson, C.M.C., City Clerk The following Exhibits are available for review in the City Clerk's office. Exhibit A --Supplemental-Tree Condition Report-from-Alvarez&-Tamagni, submitted by - - Russ Thompson CC Draft Minutes 01/27/04 Page 8 of 8 10 ITEM NUMBER: A-2 DATE: 03/09/04 SPECIAL MEETING ATASCADERO CITY COUNCIL Friday, January 30, 2004, 1:00 p.m. Saturday, January 31, 2004, 8:30 a.m. Strategic Planning Workshop DRAFT MINUTES FRIDAY, JANUARY 30, 20040 1:00 P-M. • Mayor Luna called the meeting to order at 1:02 p.m. ROLL CALL: Present: Council Members Clay, O'Malley, Pacas, Scalise and Mayor Luna Absent: None Others Present: City Clerk Marcia McClure Torgerson Staff Present: City Manager Wade McKinney and City Attorney Roy Hanley. Facilitator: Dr. Bill Mathis COUNCIL WORKSHOP —STRATEGIC PLANNING Dr. Mathis explained how the format of the workshop would proceed. The Council decided to have Public Comment at specific times throughout the Workshop; approximately 1:00 p.m., 4:30 p.m., 6:15 p.m. and at the end of the day. On Saturday, Public Comment would be at 8:30 a.m., 11:30 a.m. and at the end of the day. The City Manager shared past accomplishments and future goals of the organization. CC Draft Minutes Strategic Planning Workshop 01/30/04 Page 1 of 6 ITEM NUMBER: A-2 DATE: 03/09/04 The City Attorney explained the status of ongoing projects and shared future goals. Council Member Clay announced he is appointing Bob Kelley to his vacancy on the Planning Commission. There was Council discussion on the following items: 1. Earthquake The City Manager updated the Council on all related issues including the status of public buildings. There was Council consensus to rebuild the City Hall building. The Council recessed at 3:05 p.m. and resumed at 3:15 p.m. PUBLIC COMMENT: Steve Martin, Executive Director of Main St., told the Council he wants the City Hall restored. He suggested having the County Library move into the building once it is restored. Eric Greening, gave suggestions for future use of City Hall and the Printery. He also . offered suggestions on transit issues. Mayor Luna closed the Public Comment. The Council discussed the future of the Printery. There was Council consensus to keep the Printery, live up to the agreement with the Masons, and re-locate them to the Pavilion until the Printery is restored. The Council discussed the City Hall Annex. The Council gave the City Manager direction to look for a long-term location for City Hall in the Downtown. 2. Homeless Shelter The City Manager gave the Council a summary of the issues facing the City concerning the proposed homeless shelter. PUBLIC COMMENT: Anita Robinson, representative of EOC, asked for the Council to consider the CUP separate from consideration for the funding of the shelter. She explained that the EOC needs to know if the CUP will be approved whether the City offers funding or not. CC Draft Minutes Strategic Planning Workshop 01/30/04 12 Page 2 of 6 ITEM NUMBER: A-2 DATE: 03/09/04 • Catherine Manning, gave a history of the process EOC has followed for their project. Jody Smith, EOC, explained EOC's services. Charlotte Byrne, EI Camino Homeless Organization, asked the Council to allow the CUP process to proceed. She stated that they plan on taking families first, then the elderly. Eric Greening, stated that since he doesn't drive, he sees first hand the homeless problem in Atascadero. He asked the Council to be aware of leverage benefits for the Council's monetary support for this EOC project. Mayor Luna closed the Public Comment period. There was Council discussion on the homeless shelter. There was Council consensus to separate the CUP from the consideration of funding support for the homeless shelter. The Council recessed at 5:15 p.m. for dinner and resumed at 6:00 p.m. 3. Downtown Development • The Council discussed possible future projects in the Downtown including: ■ Auto shop ■ Clinton property ■ Via property ■ Ocean Harvest ■ Fire Station #1 ■ Fagade improvements ■ Muffler Shop ■ Corp. Yard/ Ball fields ■ Seismic Retrofit The Council discussed the possibility of a new City Hall at one of the following locations: ■ Auto Shop ■ Ocean Harvest ■ Fire Station #1 There was Council consensus to bring back to the Council the acreages of these properties and appraisals for each. CC Draft Minutes Strategic Planning Workshop 01/30/04 Page 3 of 6 13 ITEM NUMBER: A-2 DATE: 03/09/04 4. Support of Staff- Post Earthquake The Council discussed the effect of the earthquake on staff. Also, Dr. Mathis explained • employee benefits that can be offered to retain valuable employees. There was Council consensus to have staff bring back the following to the Council in Closed Session: ■ Percentage of General Fund allocated for salaries ■ The cost to the City if we raised our salaries to the County median The cost for a Health Savings Account system Mayor Luna adjourned the Workshop at 8:15 p.m. to Saturday, January 31, 2004 at 8:30 a.m. to continue the Strategic Planning Workshop. SATURDAY,,,JANUARY 31, 2004, 8n30 A_M_ Mayor Luna called the meeting to order at 8:35 a.m. ROLL CALL: Present: Council Members Clay, O'Malley, Pacas, Scalise and Mayor Luna • Absent: None Others Present: City Clerk Marcia McClure Torgerson Staff Present: City Manager Wade McKinney, City Attorney Roy Hanley and Community Development Director Warren Frace Facilitator: Dr. Bill Mathis COUNCIL WORKSHOP—STRATEGIC PLANNING PUBLIC COMMENT: Eric Greening, expressed his opinions on the topics scheduled to be discussed today. Mayor Luna closed the Public Comment period. 5. Permit Streamlining vs. Quality The City Manager and Community Development Director gave a presentation to the • Council including the use of PowerPoint. There was lengthy Council discussion on this CC Draft Minutes Strategic Planning Workshop 01/30/04 14 Page 4 of 6 ITEM NUMBER: A-2 DATE: 03/09/04 issue. • There was Council consensus to have staff bring back to the Council a detailed policy that would include protection of native trees, landscape plans and erosion plans. The Council recessed at 10:40 a.m. and resumed at 10:55 a.m. 6. Development Requirements/Benefits The Council discussed requirements and benefits of development in both the urban core and the rural suburban. PUBLIC COMMENT: Joan O'Keefe, expressed her opinions on the topics discussed today. Eric Greening, expressed his opinions on the topics discussed today. Lon Allan, commended the Council for discussing issues frankly and disagreeing without being disagreeable. • Mayor Luna closed the Public Comment period. There was Council clarification on what they perceive as requirements of development and benefits of development. 7. Second Units The Community Development Director handed out a proposed interim policy that would clarify this issue for staff until the Council makes a formal decision. PUBLIC COMMENT: Eric Greening, asked for verification concerning public noticing of neighbors of proposed second units. He also suggested that the Council request advice from the Commissions. Joan O'Keefe, asked that the workshop be separate from the Council's regular meetings as it would be less formal and more productive. Mayor Luna closed the Public Comment period There was Council consensus to adopt the interim policy until the Council conducts a public workshop to address second units Citywide. The workshop is to • be held in March 2004. CC Draft Minutes Strategic Planning Workshop 01/30/04 Page 5 of 6 15 ITEM NUMBER: A-2 DATE: 03/09/04 8. Affordable Housing There was Council discussion but no consensus on the issue. 9. Mixed Use The Council discussed this issue. There was Council consensus to have staff bring back an amended policy. 10. Financial Strategy The City Manager gave a report updating the Council on the City's financial status and strategies for dealing with the post-earthquake issues. 11. Technology The City Manager updated the Council on the status of the City's networking capabilities since the earthquake. The Council made closing remarks and thanked Dr. Mathis for his guidance. • ADJOURNMENT: Mayor Luna adjourned the workshop to the Council's next Regular Session. \MINUTES PREPARED BY: Marcia McClure Torgerson, C.M.C., City Clerk CC Draft Minutes Strategic Planning Workshop 01/30/04 16 Page 6 of 6 ITEM NUMBER: A-3 DATE: 03/09/04 CITY OF ATASCADERO iais � to a CITY COUNCIL DRAFT MINUTES TUESDAY, FEBRUARY 10, 2004 7:00 P.M. REGULAR SESSION: 7:00 P.M. Mayor Luna called the meeting to order at 7:01 p.m. and led the Pledge of Allegiance. • ROLL CALL: Present: Council Members Clay, O'Malley, Pacas, Scalise and Mayor Luna Absent: None Others Present: City Clerk Marcia McClure Torgerson Staff Present: City Manager Wade McKinney, Assistant City Manager Brady Cherry, Public Works Director Steve Kahn, Community Development Director Warren Frace, Information Technology Director Andrew Fruin, Associate Planner Kerry Margason, Police Chief Dennis Hegwood, Fire Chief Kurt Stone and City Attorney Roy Hanley. COMMUNITY FORUM: Pastor Johnson, Paradise Ministries Garden Farms Bible Chapel, led those present in a prayer CC Draft Minutes 02/10/04 Page 1 of 11 17 ITEM NUMBER: A-3 DATE: 03/09/04 Calvin Ehinger explained to the Council his concern with the correction notice he received on the construction of a fireplace. He asked the Council to waive the requirement of testing the construction. Mayor Pro Tem Scalise suggested Mr. Ehinger call the City Manager tomorrow to resolve the issue. Mayor Luna closed the Community Forum period. APPROVAL OF AGENDA: MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Scalise to approve the agenda. Motion passed 5.0 by a roll-call vote. PRESENTATIONS: 1. Proclamation "Spay Day USA." Kayce Daniels accepted the proclamation and spoke on behalf of the North County Humane Society. She thanked the Council for recognizing the impact spay and neuter programs have had in the community. COUNCIL ANNOUNCEMENTS AND REPORTS: Council Member O'Malley announced that he has appointed Tim Peterson to fill the vacancy on the Planning Commission. A. CONSENT CALENDAR: 1. City Council Meeting Minutes —January 13, 2004 ■ City Clerk recommendation: City Council approve the City Council minutes of the meeting of January 13, 2004. [City Clerk] 2. Single Family Planned Development Zone Change 2003-0048 - Masten Plan of Development (CUP 2003-0098) Vesting Tentative Tract Map 2003-0032 4900 Obispo Road, APN 049-102-055 (Shores) ■ Fiscal impact: The project would likely have a slight negative impact on City revenues. As a general rule, single-family dwellings require services that exceed the revenue generated by the proposed uses. ■ Staff recommendation: Council adopt on second reading, by title only, draft Ordinance A approving Zone Change 2003-0048 based on findings. [Community Development] CC Draft Minutes 02/10/04 Page 2 of 11 18 ITEM NUMBER: A-3 DATE: 03/09/04 • 3. Single Family Planned Development Zone Change 2003-0053 - Master Plan of Development (CUP 2003-0102) - Vesting Tentative Tract Map 2003-0034 5785 San Jacinto Ave (Bennett) ■ Fiscal impact: The project would likely have a slight negative impact on City revenues. As a general rule, single-family dwellings require services that exceed the revenue generated by the proposed uses. ■ Staff recommendation: Council adopt on second reading, by title only, draft Ordinance A approving Zone Change 2002-0053 based on findings. [Community Development] 4. Wastewater Master Plan and Municipal Code Amendments ■ Fiscal impact: Minor, the majority of the changes are administrative in nature. ■ Staff recommendation: Council adopt on second reading by title only, the draft Ordinance amending Title 7, Chapters 1 through 13 of the Atascadero Municipal Code pertaining to Wastewater. [Public Works] Mayor Luna pulled Item #A-2. MOTION: By Mayor Pro Tem Scalise and seconded by Council Member Pacas to approve Items #A-1, 3 and 4. Motion passed 5.0 by a roll-call vote. (Item #A-3 Ordinance No. 437, Item #A-4 Ordinance No. 438) MOTION: By Council Member O'Malley and seconded by Council Member Clay to approve Item #A-2. Motion passed 3:2 by a roll-call vote. (Pacas, Luna opposed) (Ordinance No. 436) B. PUBLIC HEARINGS: 1. Toloso Tree Removal — Appeal of the Planning Commission's Decision to Deny Tree Removal Permit 2003-0039 (8270 Toloso Road: (Messer/Tonneson) ■ Fiscal impact: None ■ Staff recommendation: Council review the information submitted by the applicant for compliance with the Council's direction of November 25, 2003, and approve Tree Removal Permit 2003-0039 as revised by adopting Draft Resolution A. (Community Development) Community Development Director Warren Frace gave the staff report and answered questions of Council i CC Draft Minutes 02/10/04 Page 3 of 11 19 ITEM NUMBER: A-3 DATE: 03/09/04 PUBLIC COMMENT . Mike Messer, Applicant, answered questions of Council Monique McTeer stated she supports this tree removal permit and the Applicant's right to construct a home on this site. Gaylan Little asked the Council to deny this appeal and require the Applicant to redesign the house. Clement Salvadore urged the Council to deny this appeal. Diane Johnson expressed her opposition to this proposal because of its impact on the trees. Mayor Luna closed the Public Comment period. MOTION: By Mayor Pro Tem Scalise and seconded by Council Member Clay to grant the appeal and approve the TRP 2003-0039 and the Council would make the finding on No. 5 from the Tree Ordinance. Motion failed 2:3 by a roll-call vote. (O'Malley, Pacas, Luna opposed) .� MOTION: By Council Member O'Malley and seconded by Mayor Luna to uphold the Planning Commission's denial of TRP 2003-0039 and deny the appeal. Mayor Pro Tem Scalise asked for discussion with applicant prior to voting on the Motion. Council Member Pacas asked the applicant for clarification on the difference in the grading and stem wall use. Mr. Messer explained the changes he has made. MOTION: By Council Member O'Malley and seconded by Mayor Luna to uphold the Planning Commission's denial of TRP 2003-0039 and deny the appeal. Motion failed 2;2 by a roll-call vote. (Clay, Scalise opposed, Pacas abstained) MOTION: By Mayor Pro Tem Scalise and seconded by Council Member Clay to adopt the draft Resolution A, granting the appeal and approving TRP 2003-0039 with the inclusion of Finding No. 5 of the Tree Ordinance. Motion passed 3:2 by a roll-call vote. (O'Malley, Luna opposed) (Resolution No. 2004-010) • CC Draft Minutes 02/10/04 Page 4 of 11 20 ITEM NUMBER: A-3 DATE: 03/09/04 • 2. Noise Regulation - Discussion of Potential Regulation of On Premises Motorcycle Track Uses ■ Fiscal impact: None has been identified. ■ Staff recommendation: This item is on for discussion only. The City Council will not enact any ordinances nor adopt any resolutions as a result of this hearing. The City Council will give staff direction on the contents of any ordinance to be proposed to address the use of motorcycle tracks in residential zones in the City of Atascadero. (City Attorney) City Attorney Roy Hanley gave the staff report and answered questions of Council PUBLIC COMMENT David Garcia stated he handles Code Enforcement in Santa Maria and is seeing this problem increasing throughout the County. He encouraged the Council to consider a resolution declaring this to be a public nuisance as defined by the California Civil Code. Sean Smith told the Council that regulation of this sport is not necessary. Richard Moen said he is in favor of some type of ordinance regulating this type of use on private property. He explained that he believes in property rights but feels there • needs to be some regulation to protect neighbors. Ray Wilcox stated he is not against motorcycles, but he feels there is a proper place for them and it is not in neighborhoods. Connie Baxter said she supports the use of motorcycles in neighborhoods. She expressed her worry that if the City regulates motorcycles it could set a precedent, and that horse riding could be next. Randy Stevenson explained that he owns a motorcycle track and has had no complaints. His property is adjacent to Atascadero Ford and he submitted a letter from them stating they have not experienced any negative impacts due to motorcycle riding on his track. (Exhibit A) Jerry Dillard explained to the Council a situation in his neighborhood several years ago concerning the use of motorcycles in a neighborhood that escalated to extensive use of the Salinas River. Mr. Dillard submitted a copy of the Municipal Code pertaining to waterway intrusions, and asked the Council to enforce their existing ordinance that prohibits the use of motorcycles in the River. (Exhibit B) Tim Pilg stated he builds motorcycles and feels motorcycle riding keeps kids away from drugs and the City should address the need for a motorcycle track. • CC Draft Minutes 02/10/04 Page 5 of 11 21 ITEM NUMBER: A-3 DATE: 03/09/04 Bob Briggs stated that he supports the use of motorcycles for kids but feels that • neighborhoods are not the place for this type of activity. He urged the Council to regulate this use in neighborhoods. Vel Miller agreed that a motorcycle park was needed, but restrictions should be applied for riding in a residential neighborhood. Jeff Baxter stated he has a track in San Miguel and is opposed to any regulation on motorcycle riding. He asked the Council to work with the County on the creation of zoning on agriculture land for this use. Zack Baxter stated he has been racing motorcycles for many years and supports the use of motorcycles in one area. Warren Miller said that he is opposed to motorcycle tracks in neighborhoods but would support reasonable limitations on the hours available for motorcycling. Sorrel Marks asked the Council to adopt an ordinance to limit motorcycle riding in residential areas. Ron Bierman asked the Council to help the community find some common ground. James Larson encouraged the motorcycle riders in the audience to be respectful of their • neighbors and to try to work with them to solve this problem. Todd Perkins stated he supports finding a location for motorcycle riders to ride and asked the Council to help them solve this issue. Deborah Ingalls stated she is opposed to the use of motorcycles in neighborhoods. Lynn Miller asked the Council to regulate the use of motorcycles in neighborhoods. Paul Roller supported the use of motorcycles and urged riders to be respectful of their neighbors. Lisa Teribio stated she supports motorcycle riding as well as those property owners who do not like listening to the noise they create. She urged the Council to support a local site for riding. Elias Stuart stated he supports motorcycle riding. Marissa Jordan supported motorcycle riding locally. Jim Griffin explained the problems he has experienced with his neighbors that have a motorcycle track. CC Draft Minutes 02/10/04 Page 6 of 11 22 ITEM NUMBER: A-3 DATE: 03/09/04 Rosemarie Bern shared with the Council her experience with her next-door neighbor • who has a motorcycle track. She asked the Council to prohibit the use of motorcycles in residential areas and submitted a picture of the track next to her home. (Exhibit C) Bob Gannon said he lives next to a motorcycle track and asked the Council for help. He stated that he supports kids riding motorcycles but there should be a separate area for the activity. Charles Gilliland stated he is opposed to motorcycle tracks in neighborhoods as he lives next to a track and has had numerous negative experiences with the neighbors. Denise Armstrong stated that she lives near a few motorcycle tracks and only one is a nuisance. The others are used by kids that are considerate and respectful of their neighbors. John Bullaro stated he is opposed to motorcycle tracks in neighborhoods as they negatively impact quality of life and health. Eric Goebler supports motorcycle riding but does not support riding in neighborhoods. He asked the Council to participate with the County to find a location for riding without impacting neighbors. Dave Dunham stated he has a track on his property and would like to continue to offer • his grandchildren the opportunity to ride. He would like motorcycle riding allowed with some regulations. Rhonda Viescas said that she lives near the Salinas River and railroad tracks and has had some negative experiences with motorcyclists in and around her property. Tara Tuney said she is against regulations on motorcycle riding. Matt Jacolong said he is a property owner and motorcycle rider. He does not support any regulation of motorcycle riding. He stated he supports the creation of a location where people could ride. Richard Lancaster agreed that riding motorcycles in residential areas is not acceptable. He supports allowing the use of motorcycles in a specific location. John Stafford supported finding a location for a motorcycle track. Jason Baker stated he is opposed to an ordinance restricting motorcycle riding. Rebecca Wreath stated she is against the regulation of motorcycle riding in residential neighborhoods. CC Draft Minutes 02/10/04 Page 7 of 11 23 ITEM NUMBER: A-3 DATE: 03/09/04 Vern West indicated that he lives next to a motorcycle track and would like to see a . motorcycle park created. Malcolm Rowe suggested the Council look at Tulare Cycle Park as a good example of a motorcycle riding facility. Jeff Engels stated he drives out of town to have his children ride motorcycles. He supports the creation of a local track. Lisa Estridge said her children use motorcycle tracks and feels it is important that the riders respect the neighbors. She feels the neighbors overreact to their riding. Tom Bruner stated he is opposed to an ordinance regulating riding on private property. He supports building a track somewhere in the county. Gary James encouraged the Council not to adopt an ordinance regulating motorcycles because every situation is different and it would be difficult to craft something to cover all situations. Tyler Bremen expressed his opposition to any motorcycle regulation. Charles Viescas said that he supports the creation of a central location for kids to ride. Bob Behran told the Council that he has a track on his property. He explained that kids • have been riding his track for many years, long before he had neighbors. Now he has neighbors that complain about the motorcycles. He supports the creation of a County location for all riders. Robert Estridge asked the Council to keep in mind that most of the complaints heard this evening were due to people riding illegally. Mayor Luna closed the Public Comment period. Mayor Luna recessed the hearing at 9:55 p.m. Mayor Luna called the meeting back to order at 10:07 p.m. Mayor Luna asked whether the Council would support sending a letter to the Board of Supervisors requesting they assist in getting the off-road track in San Miguel going. There was Council consensus to have the Mayor send a letter to the County Board of Supervisors supporting the re zoning of county agricultural land in the north county to allow motorcycle tracks. Individual Council Members stated what their preferences were. • CC Draft Minutes 02/10/04 Page 8 of 11 24 ITEM NUMBER: A-3 DATE: 03/09/04 • There was Council consensus on reviewing restriction of hours, size of the motorcycles, dust control, number of riders, assist in creation of County location for a motorcycle park, and creation of an education program. It was suggested that staff should contact community members such as Jim Griffin, James Larsen, etc. for their input. City Attorney Hanley indicated that this issue would have to come before the Planning Commission at which time there would be an opportunity for public input. C. MANAGEMENT REPORTS: 1. Dove Creek Negative Declaration Contract Approval ■ Fiscal impact: Authorization of the contract will result in the expenditure of $27,410. These funds will be reimbursed to the City by the applicant. ■ Staff recommendation: Council authorize the City Manager to execute a contract with Padre Associates, Inc. for contract environmental services for the Dove Creek Planned Development project to be reimbursed by the project applicant. (Community Development) Community Development Director Warren Frace gave the staff report and answered • questions of Council PUBLIC COMMENT - None MOTION: By Mayor Pro Tem Scalise and seconded by Council Member O'Malley to authorize the City Manager to execute a contract with Padre Associates, Inc. for contract environmental services for the Dove Creek Planned Development project. Motion passed 5.0 by a roll-call vote. (Contract No. 2004-001) D. ATTORNEY REPORTS: 1. Emergency Resolutions ■ Fiscal impact: Unknown ■ City Attorney recommendation: Council adopt the draft Resolution continuing in full force and effect the resolutions declaring the existence of a state of emergency and directing the City Manager to take direct and immediate acts to repair or replace public facilities and authorize the mayor to execute it. • PUBLIC COMMENT - None CC Draft Minutes 02/10/04 Page 9 of 11 25 ITEM NUMBER: A-3 DATE: 03/09/04 MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem • Scalise to continue the emergency resolution in place. Motion passed 5:0 by a roll-call vote. (Resolution No. 2004- 011) E. COMMITTEE & LIAISON REPORTS: Mayor Luna 1. County Mayor's Round Table: Meets tomorrow, topics will include the San Simeon Earthquake and the League's initiative for the November ballot. Mayors will be making a recommendation to the Governor for a Coastal Commissioner. Mayor Pro Tem Scalise 1. Atascadero State Hospital Advisory Board (appointed by Governor): The Hospital has sent a contract to State of California General Services and are waiting for it's return regarding the area going to the City for expansion of the ball park. 2. S.L.O. Council of Governments (SLOCOG)/S.L.O. Regional Transit Authority (SLORTA): Interchange at Highways 41 and 101 is going in and the funding is in place. Council Member Clay . 1. Water Committees: There will be a Water Company meeting tomorrow night, 7:00 p.m. at the Colony Inn. Nacimiento Water Project to be discussed. Council Member O'Malley 1. Air Pollution Control District (APCD): It was announced at the last meeting that there are "mover grants" available and the Atascadero Unified School District was ranked second as an applicant. There has been a re-designation by the California Air Resources Board of San Luis Obispo County to attainment of the State air quality standard for ozone. 2. Economic Vitality Corporation, Board of Directors (EVC): Tomorrow morning there will be a breakfast where PG&E will be highlighted. Council Member Pacas 1. Atascadero Youth Task Force: The San Luis Obispo Assistance League will be hosting a "Touch of Jazz" evening on February 28th, 5:00 p.m. The Warren Foundation Youth Track and Field Program will be restarting. • CC Draft Minutes 02/10/04 Page 10 of 11 26 ITEM NUMBER: A-3 DATE: 03/09/04 F. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Mayor Pro Tem Scalise asked if there would be consensus to ask staff to bring back to Council information on development on slopes and how the City is addressing the 30% or greater slope when adding new lots. This would require an amendment to the General Plan. There was Council discussion on this suggestion. There was Council consensus to have staff bring back information on this topic. G. ADJOURNMENT: 10:50 p.m. Mayor Luna adjourned the meeting at 10:50 p.m. to the next regularly scheduled meeting on February 24, 2004. MEETING RECORDED AND MINUTES PREPARED BY: Marcia McClure Torgerson, C.M.C., City Clerk The following exhibits are available for review in the City Clerk's office: Exhibit A - Randy Stevenson, letter from Atascadero Ford Exhibit B - Jerry Dillard, copy of County Ordinance 5-8-01 Exhibit C - Rosemarie Bem, picture of motorcycle track i CC Draft Minutes 02/10/04 Page 11 of 11 27 ITEM NUMBER: -A _ 4 DATE:oil No 034944 �as ■ e Atascadero City Council Staff Report - Administrative Services Department January 2004 Accounts Payable and Payroll RECOMMENDATION: Council approve certified City accounts payable, payroll and payroll vendor checks for January 2004. DISCUSSION: Attached for City Council review and approval are the following: Payroll Dated 01/01/04 Checks # 18461 - 18542 $ 87,305.12 Direct Deposits 118,273.51 • Dated 01/15/04 Checks # 18543 - 18638 102,882.96 Direct Deposits 143,743.40 Dated 01/29/04 Checks # 18639 - 18717 82,111.37 Direct Deposits 124,072.67 Accounts Payable Dated 1/1/04 - 1/31/04 Checks # 92836 - 93352 & EFTs 252 - 254 780,033.41 TOTAL AMOUNT $ 1,438,422.44 FISCAL IMPACT: Total expenditures for all funds is $ 1,438,422.44 CERTIFICATION: The undersigned certifies that the attached demands have been released for payment and that funds are available for these demands. Rachelle Rickard, Director of Administrative Services Approved by the City Council at a meeting held March 9, 2004. Marcia McClure Torgerson, C.M.C., City Clerk ATTACHMENT: January 2004 Eden Warrant Register in the amount of $ 780,033.41 28 City of Atascadero Disbursement Listing For the Month of Tanuary 2004 Check Check Number Date Vendor Description Amount 92836 1/2/2004 ATASCADERO FIRE DEPT EMP.ASSN Payroll Vendor Payment 240.00 92837 1/2/2004 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 20.00 92838 1/2/2004 ATASCADERO POLICE OFFICERS ASN Payroll Vendor Payment 399.50 92839 1/2/2004 FAMILY SUPPORT DIVISION Payroll Vendor Payment 182.69 92840 1/2/2004 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 7,642.61 92841 1/2/2004 EMPLOYMENT DEV.DEPARTMENT Payroll Vendor Payment 1,031.76 92842 1/2/2004 HARTFORD LIFE INSURANCE Payroll Vendor Payment 6,469.15 92843 1/2/2004 ICMA RETIREMENT TRUST-457 Payroll Vendor Payment 757.90 92844 1/2/2004 KENNEDY CLUB FITNESS Payroll Vendor Payment 88.00 92845 1/2/2004 NATIONAL DEFERRED COMPENSATION Payroll Vendor Payment 882.32 92846 1/2/2004 PERS LONG TERM CARE PROGRAM Payroll Vendor Payment 38.04 92847 1/2/2004 LINDA PODESTA Accounts Payable Check 376.98 92848 1/2/2004 SEIU LOCAL 620 AFL-CIO Payroll Vendor Payment 591.23 92849 1/2/2004 SLO CREDIT UNION Payroll Vendor Payment 625.00 92850 1/2/2004 UNITED WAY OF SLO COUNTY Payroll Vendor Payment 33.00 252 1/5/2004 MID-STATE BANK Accounts Payable Check 840 253 1/6/2004 MID-STATE BANK Payroll Vendor Payment 33,008.24 92851 1/6/2004 PUBLIC EMPL RETIREMENT SYSTEM Payroll Vendor Payment 27,673.13 92852 1/10/2004 911 FOR KIDS Accounts Payable Check 1,367.30 92853 1/10/2004 ACTION TOWING Accounts Payable Check 30.00 92854 1/10/2004 KEITH AGGSON Accounts Payable Check 195.06 92855 1/10/2004 ALL ABOUT PRODUCE,CORP. Accounts Payable Check 1,757.03 92856 1/10/2004 ALLAN HANCOCK COLLEGE Accounts Payable Check 32.00 92857 1/10/2004 ALLSTAR FIRE EQUIPMENT,INC. Accounts Payable Check 139.02 92858 1/10/2004 AMERICAN AIRLINES CARGO ACCTG Accounts Payable Check 209.95 92859 1/10/2004 AMERICAN SANITATION Accounts Payable Check 245.63 92860 1/10/2004 AMERICAN WEST TIRE&AUTO INC Accounts Payable Check 175.37 92861 1/10/2004 AMERICAN ZOO AND AQUARIUM ASSC Accounts Payable Check 1,279.00 92862 1/10/2004 ANTECH DIAGNOSTICS Accounts Payable Check 139.00 92863 1/10/2004 PAULA ANTON Accounts Payable Check 140.00 92864 1/10/2004 ARAMARK UNIFORM SERVICES Accounts Payable Check 472.22 92865 1/10/2004 AT&T Accounts Payable Check 5 92866 1/10/2004 ATASCADERO FORD Accounts Payable Check 57 92867 1/10/2004 ATASCADERO MAIN STREET Accounts Payable Check 14,500.00 29 City of Atascadero Disbursement Listin>; For the Month of January 2004 Check Check umber Date Vendor Description Amount 92868 1/10/2004 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 20.00 92869 1/10/2004 ATASCADERO NEWS Accounts Payable Check 12.39 92870 1/10/2004 AVAYA INC. Accounts Payable Check 22.41 92871 1/10/2004 TIFFANY AYLES Accounts Payable Check 500.00 92872 1/10/2004 BATTERY SYSTEMS Accounts Payable Check 55.23 92873 1/10/2004 BAUER COMPRESSORS Accounts Payable Check 7,239.33 92874 1/10/2004 CINDY K.BENSON Accounts Payable Check 890.05 92875 1/10/2004 BEST BEST&KRIEGER LLP Accounts Payable Check 178.08 92876 1/10/2004 BILLOW'S CUSTOM EMBROIDERY Accounts Payable Check 439.50 92877 1/10/2004 BLUE LINE Accounts Payable Check 49.00 92878 1/10/2004 BOUND TREE MEDICAL,LLC Accounts Payable Check 195.27 92879 1/10/2004 BRENDLER JANITORIAL SERVICE Accounts Payable Check 905.00 92880 1/10/2004 BSN SPORTS Accounts Payable Check 1,337.51 92881 1/10/2004 CAL-COAST REFRIGERATION,INC Accounts Payable Check 604.62 92882 1/10/2004 CALIFORNIA CHAMBER OF COMMERCE Accounts Payable Check 351.58 92883 1/10/2004 CALIFORNIA PEACE OFFICERS ASSC Accounts Payable Check 65.00 • 92884 1/10/2004 CALIFORNIA PEACE OFFICERS ASSN Accounts Payable Check 452.00 92885 1/10/2004 CANNON ASSOCIATES Accounts Payable Check 1,190.60 92886 1/10/2004 CONSOLIDATED ELECTRICAL CED Accounts Payable Check 101.88 92887 1/10/2004 CHANNEL COUNTIES DIVISION Accounts Payable Check 100.00 92888 1/10/2004 CHEM CLEAN Accounts Payable Check 97.49 92889 1/10/2004 BRADY CHERRY Accounts Payable Check 300.00 92890 1/10/2004 CHEVRON Accounts Payable Check 522.32 92891 1/10/2004 CHICAGO GRADE LANDFILL,INC. Accounts Payable Check 780.25 92892 1/10/2004 JOSEPH CHOUINARD P.E. Accounts Payable Check 1,292.50 92893 1/10/2004 CJP PRODUCTIONS Accounts Payable Check 800.00 92894 1/10/2004 JERRY L.CLAY Accounts Payable Check 75.00 92895 1/10/2004 CMI,INC. Accounts Payable Check 179.40 92896 1/10/2004 COAST CARPET Accounts Payable Check 965.00 92897 1/10/2004 COAST ELECTRONICS Accounts Payable Check 1,178.68 92898 1/10/2004 COASTAL IMAGING SUPPLIES Accounts Payable Check 170.53 92899 1/10/2004 COASTLINE EQUIPMENT Accounts Payable Check 1,633.95 92900 1/10/2004 CONTINENTAL LABOR RESOURCES Accounts Payable Check 806.00 92901 1/10/2004 COUNTY OF SAN LUIS OBISPO Accounts Payable Check 406.00 92902 1/10/2004 CPRS DISTRICT VIII Accounts Payable Check 160.00 92903 1/10/2004 CREDIT BUREAU Accounts Payable Check 16.00 30 City of Atascadero Disbursement Listing For the Month of January 2004 Check Check Number Date Vendor Description Amoun 92904 1/10/2004 CRYSTAL SPRINGS WATER Accounts Payable Check 136.00 92905 1/10/2004 CT INTERNATIONAL Accounts Payable Check 162.39 92906 1/10/2004 CTM GROUP,INC. Accounts Payable Check 96.60 92907 1/10/2004 CUESTA COLLEGE Accounts Payable Check 145.13 92908 1/10/2004 DANIEL O.CURRIN Accounts Payable Check 1,032.31 92909 1/10/2004 D&M FLOORING SERVICES Accounts Payable Check 1,488.00 92910 1/10/2004 BRIAN DANA Accounts Payable Check 220.00 92911 1/10/2004 DARRYL'S LOCK AND SAFE Accounts Payable Check 5.36 92912 1/10/2004 DAVIDSON'S LAW ENFORCEMENT Accounts Payable Check 739.00 92913 1/10/2004 SANDRA N.DEAL PH.D. Accounts Payable Check 290.00 92914 1/10/2004 DECOU LUMBER COMPANY Accounts Payable Check 385.73 92915 1/10/2004 DEPARTMENT OF PESTICIDE REG Accounts Payable Check 60.00 92916 1/10/2004 DEPARTMENT OF TRANSPORTATION Accounts Payable Check 1,647.70 92917 1/10/2004 DFM ASSOCIATES Accounts Payable Check 42.90 92918 1/10/2004 DIAMONDBACK FIRE&RESCUE,INC Accounts Payable Check 1,294.38 92919 1/10/2004 ED'S FLY MEAT,INC. Accounts Payable Check 105.50 92920 1/10/2004 EL CAMINO CAR WASH LLC Accounts Payable Check 2 92921 1/10/2004 EL CAMINO VETERINARY HOSP Accounts Payable Check 781.8LI 92922 1/10/2004 END2END,INC. Accounts Payable Check 720.00 92923 1/10/2004 ESCUELA DEL RIO Accounts Payable Check 64.80 92924 1/10/2004 EXXON MOBIL - Accounts Payable Check 796.01 92925 1/10/2004 FBI/LEEDA Accounts Payable Check 35.00 92926 1/10/2004 FEDERAL EXPRESS Accounts Payable Check 36.25 92927 1/10/2004 FERRELL'S AUTO REPAIR Accounts Payable Check 853.59 92928 1/10/2004 FGL ENVIRONMENTAL Accounts Payable Check 182.20 92929 1/10/2004 KANDIE FIELDS Accounts Payable Check 9.80 92930 1/10/2004 FIRE COM Accounts Payable Check 59.24 92931 1/10/2004 FIRE MAINTENANCE COMPANY,LLC Accounts Payable Check 147.00 92932 1/10/2004 FIRSTLINE,LLC Accounts Payable Check 176.96 92933 1/10/2004 FISHER SCIENTIFIC Accounts Payable Check 140.44 92934 1/10/2004 FLEET SERVICES Accounts Payable Check 2,316.07 92935 1/10/2004 FOOD FOR LESS Accounts Payable Check 327.01 92936 1/10/2004 WARREN FRACE Accounts Payable Check 300.00 92937 1/10/2004 FRAZEE INDUSTRIES,INC. Accounts Payable Check 309. 92938 1/10/2004 GALL'S INC. Accounts Payable Check 16 31 City of Atascadero Disbursement Listing For the Month of January 2004 Wheck Check mber Date Vendor Description Amount 92939 1/10/2004 KAREN GARMAN Accounts Payable Check 17.50 92940 1/10/2004 GAS COMPANY Accounts Payable Check 2,615.86 92941 1/10/2004 GATEWAY COMPANIES,INC. Accounts Payable Check 1,505.80 92942 1/10/2004 GEM AUTO PARTS Accounts Payable Check 959.34 92943 1/10/2004 GIBBS INTERNATIONAL TRUCKS Accounts Payable Check 113.49 92944 1/10/2004 KELLY GLEASON Accounts Payable Check 28.80 92945 1/10/2004 KENNETH GLYNN Accounts Payable Check 269.50 92946 1/10/2004 GREENAWAY CONSTRUCTION Accounts Payable Check 374.00 92947 1/10/2004 GRISANTI HARDWARE Accounts Payable Check 100.33 92948 1/10/2004 H.D.PETERSON Accounts Payable Check 44.72 92949 1/10/2004 HAINES&COMPANY,INC. Accounts Payable Check 205.55 92950 1/10/2004 ANN HALL Accounts Payable Check 1,615.13 92951 1/10/2004 HART IMPRESSIONS PRINT© Accounts Payable Check 89.17 92952 1/10/2004 HOME DEPOT Accounts Payable Check 1,779.03 92953 1/10/2004 INFORMATION TECHNOLOGY Accounts Payable Check 514.02 92954 1/10/2004 INGLIS PET HOTEL Accounts Payable Check 205.92 • 92955 1/10/2004 EVELYN INGRAM Accounts Payable Check 472.50 92956 1/10/2004 J&S SWEEPING SERVICE Accounts Payable Check 800.00 92957 1/10/2004 HAROLD JENSEN Accounts Payable Check 244.16 92958 1/10/2004 JESPERSEN'S TIRE SERVICE,INC. Accounts Payable Check .57.80 92959 1/10/2004 JIFFY LUBE#1932 PCJL,INC. Accounts Payable Check 149.85 92960 1/10/2004 JIM'S CAMPUS CAMERA Accounts Payable Check 115.67 92961 1/10/2004 K-MART Accounts Payable Check 38.06 92962 1/10/2004 STEVEN KAHN Accounts Payable Check 300.00 92963 1/10/2004 KCBX Accounts Payable Check 65.00 92964 1/10/2004 LESLYN KEITH Accounts Payable Check 35.00 92965 1/10/2004 DIANE KELLOGG Accounts Payable Check 22.00 92966 1/10/2004 KMP FIRE PRODUCTS Accounts Payable Check 1,852.44 92967 1/10/2004 KPRL 1230 AM Accounts Payable Check 137.50 92968 1/10/2004 CHAD KROGER Accounts Payable Check 244.16 92969 1/10/2004 L.N.CURTIS&SONS Accounts Payable Check 214.58 92970 1/10/2004 KIM LACEY Accounts Payable Check 14.24 92971 1/10/2004 LEHI VALLEY WHOLESALE Accounts Payable Check 138.20 92972 1/10/2004 ROBERT LIBRIZZI Accounts Payable Check 200.00 • 92973 1/10/2004 LIFE ASSIST,INC. Accounts Payable Check 277.81 92974 1/10/2004 LONGS DRUG STORES Accounts Payable Check 35.37 32 City of Atascadero Disbursement Listing For the Month of Tanuary 2004 Check Check Number Date Vendor Description Amoun 92975 1/10/2004 GEORGE W.LUNA Accounts Payable Check 75.00 92976 1/10/2004 LYNDON'S AUTOMOTIVE Accounts Payable Check 551.62 92977 1/10/2004 ANNETTE MANIER Accounts Payable Check 13.32 92978 1/10/2004 MARK MARKWORT Accounts Payable Check 28.44 92979 1/10/2004 BECKY MAXWELL Accounts Payable Check 45.40 92980 1/10/2004 WADE MCKINNEY Accounts Payable Check 552.85 92981 1/10/2004 MCNAMARA ELECTRIC Accounts Payable Check 17.65 92982 1/10/2004 MED-TECH RESOURCE,INC. Accounts Payable Check 273.43 92983 1/10/2004 MICHAEL'S WINDOW CLEANING Accounts Payable Check 185.00 92984 1/10/2004 MID-COAST MOWER&SAW Accounts Payable Check 126.17 92985 1/10/2004 FORREST A.&BARBARA R.MILLER Accounts Payable Check 244.16 92986 1/10/2004 MINER'S ACE HARDWARE Accounts Payable Check .32.14 92987 1/10/2004 SHERRIE MINSER Accounts Payable Check 150.00 92988 1/10/2004 MATTHEW J.MIRANDA Accounts Payable Check 190.00 92989 1/10/2004 MISSION UNIFORM SERVICE Accounts Payable Check 40.72 92990 1/10/2004 MUNICIPAL MANAGEMENT ASSC OF Accounts Payable Check 50.00 92991 1/10/2004 MARKNABORS Accounts Payable Check 3 92992 1/10/2004 NATIONAL TACTICAL OFFICERS ASC Accounts Payable Check 150 0 92993 1/10/2004 NEWCO DISTRIBUTORS,INC. Accounts Payable Check 909.39 92994 1/10/2004 NEWELL RUBBERMAID Accounts Payable Check 10.29 92995 1/10/2004 NORTHWEST BUSINESS STAMP Accounts Payable Check 154.90 92996 1/10/2004 NU-WAY LINEN RENTAL Accounts Payable Check 226.00 92997 1/10/2004 THOMAS P.O'MALLEY Accounts Payable Check 75.00 92998 1/10/2004 OFFICE DEPOT INC. Accounts Payable Check 204.46 92999 1/10/2004 OMNI-MEANS,INC. Accounts Payable Check 282.00 93000 1/10/2004 ORCHARD SUPPLY HARDWARE Accounts Payable Check 10.71 93001 1/10/2004 BECKY J.PACAS Accounts Payable Check 75.00 93002 1/10/2004 PACIFIC AUTO GLASS- Accounts Payable Check 172.23 93003 1/10/2004 PACIFIC GAS AND ELECTRIC Accounts Payable Check 662.91 93004 1/10/2004 PAPER WORKS Accounts Payable Check 93.84 93005 1/10/2004 PASO ROBLES SAFE&LOCK Accounts Payable Check 581.48 93006 1/10/2004 PASO ROBLES TRUCK CENTER Accounts Payable Check 46.63 93007 1/10/2004 KATHLEEN A.PENCE Accounts Payable Check 3,087.50 93008 1/10/2004 PERRY'S PARCEL SERVICE Accounts Payable Check 32. 93009 1/10/2004 POLICE DEPARTMENT PETTY CASH Accounts Payable Check 186 33 City of Atascadero Disbursement Listing For the Month of January 2004 Check Check umber Date Vendor Description Amount 93010 1/10/2004 PITNEY BOWES,INC. Accounts Payable Check 131.92 93011 1/10/2004 POOR RICHARD'S PRESS Accounts Payable Check 281.17 93012 1/10/2004 POSTAL PRIVILEGE Accounts Payable Check 30.00 93013 1/10/2004 PRINT LOGIC,INC. Accounts Payable Check 70.00 93014 . 1/10/2004 PRO MOTION Accounts Payable Check 1,378.47 93015 1/10/2004 PROCARE JANITORIAL SUPPLY Accounts Payable Check 77.76 93016 1/10/2004 PUBLIC SAFETY CENTER,INC. Accounts Payable Check 301.50 93017 1/10/2004 GRACE L.PUCCI Accounts Payable Check 157.50 93018 1/10/2004 QUILL CORPORATION Accounts Payable Check 250.99 93019 1/10/2004 QUINN RENTAL SERVICES Accounts Payable Check 199.46 93020 1/10/2004 RADIO SHACK CORPORATION Accounts Payable Check 95.58 93021 1/10/2004 RAINBOW MEALWORMS,INC. Accounts Payable Check 405.08 93022 1/10/2004 RECOGNITION WORKS Accounts Payable Check 225.66 93023 1/10/2004 RED'S PLUMBING Accounts Payable Check 135.00 93024 1/10/2004 REMARKABLE PRODUCTS Accounts Payable Check 20.45 93025 1/10/2004 RACHELLE RICKARD Accounts Payable Check 300.00 • 93026 1/10/2004 ROHRER HAY&FEED SALES Accounts Payable Check 171.60 93027 1/10/2004 SAFETY-KLEEN INC. Accounts Payable Check 436.95 93028 1/10/2004 SAN LUIS OBISPO COUNTY SHERIFF Accounts Payable Check 20,010.38 93029 1/10/2004 SAN LUIS PAINTS Accounts Payable Check 228.92 93030 1/10/2004 SAN LUIS PAPER Accounts Payable Check 96.05 93031 1/10/2004 SAN LUIS PERSONNEL INC. Accounts Payable Check 2,292.94 93032 1/10/2004 SAN LUIS POWERHOUSE Accounts Payable Check 914.23 93033 1/10/2004 SAN LUIS SURGICAL SUPPLY Accounts Payable Check 36.47 93034 1/10/2004 SANTA MARIA TIRE,INC. Accounts Payable Check 29.95 93035 1/10/2004 SBC - Accounts Payable Check 247.22 93036 1/10/2004 SBC/MCI Accounts Payable Check 645.10 93037 1/10/2004 WENDY SCALISE Accounts Payable Check 75.00 93038 1/10/2004 LISETTE SCHOLL Accounts Payable Check 231.00 93039 1/10/2004 SCMAF Accounts Payable Check 200.00 93040 1/10/2004 SCOTT O'BRIEN FIRE&SAFETY CO Accounts Payable Check 301.44 93041 1/10/2004 BRENDA SHELLEY Accounts Payable Check 244.16 93042 1/10/2004 JOHN SIEMENS Accounts Payable Check 68.40 93043 1/10/2004 SIGN OUTLET Accounts Payable Check 160.88 93044 1/10/2004 SHANNON SIMS Accounts Payable Check 12.68 93045 1/10/2004 SLO COUNTY FIRE DEPARTMENT Accounts Payable Check 50.00 34 City of Atascadero Disbursement Listin>? For the Month of January 2004 Check Check Number Date Vendor Description Amoun 93046 1/10/2004 SLOCOMOTION Accounts Payable Check 144.79 93047 1/10/2004 SAFETY EQUIPMENT SOLON FIRE CONTROL FIRE Accounts Payable Check 576.80 93048 1/10/2004 STAPLES CREDIT PLAN Accounts Payable Check 512.77 93049 1/10/2004 STATE WATER RES CONTROL BOARD Accounts Payable Check 95.00 93050 1/10/2004 SUPERIOR QUALITY COPIERS,INC. Accounts Payable Check 200.80 93051 1/10/2004 SWITZER DIESEL REPAIR Accounts Payable Check 2,056.50 93052 1/10/2004 SYLVESTER'S SECURITY ALARMS Accounts Payable Check 370.00 93053 1/10/2004 TANNER CONSTRUCTION Accounts Payable Check 10,420.00 93054 1/10/2004 TARGET Accounts Payable Check 49.89 93055 1/10/2004 AMY TAYLOR Accounts Payable Check 244.16 93056 1/10/2004 TED MILES JEEP Accounts Payable Check 13.51 93057 1/10/2004 TEE'S PLUS Accounts Payable Check 2,202.45 93058 1/10/2004 TEMPLETON UNIFORMS Accounts Payable Check 1,280.58 93059 1/10/2004 JILL TERRY Accounts Payable Check 100.00 93060 1/10/2004 TESORO CAR WASH Accounts Payable Check 75.00 93061 1/10/2004 TOM FLYNN&SONS Accounts Payable Check 2,525.00 93062 1/10/2004 MARCIA TORGERSON Accounts Payable Check 40 93063 1/10/2004 TRIADIHOLMES ASSOCIATES Accounts Payable Check 4,96440 93064 1/10/2004 TRIBUNE Accounts Payable Check 156.00 93065 1/10/2004 TRIBUNE Accounts Payable Check 821.95 93066 1/10/2004 UNION ASPHALT,INC. Accounts Payable Check 269.69 93067 1/10/2004 UNOCAL Accounts Payable Check 1,333.02 93068 1/10/2004 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 3,192.86 93069 1/10/2004 VERIZON WIRELESS Accounts Payable Check 362.13 93070 1/10/2004 MATT VIERRA Accounts Payable Check 50.00 93071 1/10/2004 TODD WALKER Accounts Payable Check 54.60 93072 1/10/2004 TOM WAY Accounts Payable Check 50.00 93073 1/10/2004 WILLIAM P.WHITE Accounts Payable Check 80.00 93074 1/10/2004 WILLIAM AVERY&ASSC.,INC. Accounts Payable Check 177.16 93075 1/10/2004 WILSON LAND SURVEYS Accounts Payable Check 1,514.75 93076 1/13/2004 BLUE CROSS OF CALIFORNIA Payroll Vendor Payment 71,323.92 93077 1/13/2004 BLUE SHIELD OF CALIFORNIA Payroll Vendor Payment 1,576.30 93078 1/13/2004 CANADA LIFE ASSURANCE CO Payroll Vendor Payment 921.03 93079 1/13/2004 COLONIAL LIFE&ACCIDENT INS. Payroll Vendor Payment 1,58 93080 1/13/2004 DELTA DENTAL,ATTN:ACCOUNTING Payroll Vendor Payment 7,764 35 City of Ataseadero Disbursement Listing For the Month of January 2004 Check Check umber Date Vendor Description Amount 93081 1/15/2004 JERRY L.CLAY Accounts Payable Check 129.53 93082 1/15/2004 BRYAN D.GOLSTON Accounts Payable Check 414.24 93083 1/16/2004 ATASCADERO FIRE DEPT EMP.ASSN Payroll Vendor Payment 240.00 93084 1/16/2004 ATASCADERO FIRE RESERVES ASSN Payroll Vendor Payment 95.00 93085 1/16/2004 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 20.00 93086 1/16/2004 ATASCADERO POLICE OFFICERS ASN Payroll Vendor Payment 423.00 93087 1/16/2004 FAMILY SUPPORT DIVISION Payroll Vendor Payment 182.69 93088 1/16/2004 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 11,847.92 93089 1/16/2004 EMPLOYMENT DEV.DEPARTMENT Payroll Vendor Payment 1,263.17 93090 1/16/2004 HARTFORD LIFE INSURANCE Payroll Vendor Payment 9,369.15 93091 1/16/2004 ICMA RETIREMENT TRUST-457 Payroll Vendor Payment 757.90 93092 1/16/2004 KENNEDY CLUB FITNESS Payroll Vendor Payment 88.00 93093 1/16/2004 NATIONAL DEFERRED COMPENSATION Payroll Vendor Payment 1,015.97 93094 1/16/2004 PERS LONG TERM CARE PROGRAM Payroll Vendor Payment 38.04 93095 1/16/2004 SEIU LOCAL 620 AFL-CIO Payroll Vendor Payment 597.24 93096 1/16/2004 SLO CREDIT UNION Payroll Vendor Payment 625.00 93097 1/16/2004 UNITED WAY OF SLO COUNTY Payroll Vendor Payment 33.00 254 1/20/2004 MID-STATE BANK Payroll Vendor Payment 49,042.58 69801 1/20/2004 PUBLIC EMPL RETIREMENT SYSTEM Payroll Vendor Payment 28,631.41 93098 1/26/2004 KEITH AGGSON Accounts Payable Check 200.00 93099 1/26/2004 MICHAEL J.ALOI Accounts Payable Check 75.00 93100 1/26/2004 BOARD OF EQUALIZATION Accounts Payable Check 274.00 93101 1/26/2004 CHARLES W.BRADLEY Accounts Payable Check 30.00 93102 1/26/2004 GREG BRAZZI Accounts Payable Check 40.00 93103 1/26/2004 CASEY BRYSON Accounts Payable Check 160.00 93104 1/26/2004 DALE A.BYWATER Accounts Payable Check 5,361.20 93105 1/26/2004 CIMON CORMIER Accounts Payable Check 30.00 93106 1/26/2004 MIKE GIL Accounts Payable Check 60.00 93107 1/26/2004 REGIONALD HICKS Accounts Payable Check 75.00 93108 1/26/2004 GENE HICKS Accounts Payable Check 160.00 93109 1/26/2004 HOBBY SHOP Accounts Payable Check 675.00 93110 1/26/2004 ROBERT MAXWELL Accounts Payable Check 251.62 • 93111 1/26/2004 DAVID MONGE Accounts Payable Check 30.00 93112 1/26/2004 SAN LUIS PERSONNEL INC. Accounts Payable Check 10,708.23 36 City of Atascadero Disbursement Listing For the Month of January 2004 Check Check Number Date Vendor Description Amount 93113 1/26/2004 MICHAEL SHERER Accounts Payable Check 9,725.69 93114 1/26/2004 WILLIAM P.WHITE Accounts Payable Check 200.00 93115 1/26/2004 WINZLER&KELLY CONSULTING ENG Accounts Payable Check 1,716.00 93116 1/27/2004 YESTERDAYS SPORTSWEAR Accounts Payable Check 1,376.56 93117 1/28/2004 EMPLOYMENT DEV.DEPARTMENT Accounts Payable Check 42.10 93118 1/30/2004 FAMILY SUPPORT DIVISION Payroll Vendor Payment 207.69 93119 1/30/2004 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 7,100.94 93120 1/30/2004 EMPLOYMENT DEV.DEPARTMENT Payroll Vendor Payment 1,063.75 93121 1/30/2004 HARTFORD LIFE INSURANCE Payroll Vendor Payment 6,264.15 93122 1/30/2004 ICMA RETIREMENT TRUST-457 Payroll Vendor Payment 757.90 93123 1/30/2004 NATIONAL DEFERRED COMPENSATION Payroll Vendor Payment 802.57 93124 1/30/2004 PERS LONG TERM CARE PROGRAM Payroll Vendor Payment 38.04 93125 1/30/2004 SEIU LOCAL 620 AFL-CIO Payroll Vendor Payment 604.58 93126 1/30/2004 SLO CREDIT UNION Payroll Vendor Payment 625.00 93127 1/30/2004 CREEKSIDE PARCEL ASSC. Accounts Payable Check 7,690.50 93128 1/30/2004 A-1 PRO CARPET CLEANERS Accounts Payable Check 1510 93129 1/30/2004 ACTION TOWING Accounts Payable Check 204.60 93130 1/30/2004 ADDICTION MEDICINE CONSULTANTS Accounts Payable Check 770.00 93131 1/30/2004 ADVANCED TRAINING SOURCE,INC. Accounts Payable Check 607.00 93132 1/30/2004 VOID Accounts Payable Check 0.00 93133 1/30/2004 ALL ABOUT PRODUCE,CORP. Accounts Payable Check 525.38 93134 1/30/2004 BRIAN ALLEE Accounts Payable Check 76.68 93135 1/30/2004 AMERICAN WEST TIRE&AUTO INC Accounts Payable Check 77.59 93136 1/30/2004 ANTECH DIAGNOSTICS Accounts Payable Check 356.25 93137 1/30/2004 ARAMARK UNIFORM SERVICES Accounts Payable Check 474.82 93138 1/30/2004 ARCH Accounts Payable Check 1,590.19 93139 1/30/2004 AT&T Accounts Payable Check 33.68 93140 1/30/2004 ATASCADERO CHAMBER OF COMMERCE Accounts Payable Check 26,088.87 93141 1/30/2004 ATASCADERO FORD Accounts Payable Check 3,566.25 93143 1/30/2004 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 2,188.25 93144 1/30/2004 ATASCADERO SAW SHOP Accounts Payable Check 84.00 93145 1/30/2004 AUTO TRIM DESIGN Accounts Payable Check 455.00 93146 1/30/2004 AUTO VILLA,INC. Accounts Payable Check 3 0 93147 1/30/2004 AVAYA INC. Accounts Payable Check 2 37 City of Atascadero Disbursement Listing For the Month of January 2004 Check Check umber Date Vendor Description Amount 93148 1/30/2004 BEST BEST&KRIEGER LLP Accounts Payable Check 1,340.50 93149 1/30/2004 BEST WESTERN COLONY INN Accounts Payable Check 639.85 93150 1/30/2004 BIOMEDICAL CLINICAL ENGINEER Accounts Payable Check 150.00 93151 1/30/2004 BLI INTERNATIONAL Accounts Payable Check 641.46 93152 1/30/2004 BOLLINGER Accounts Payable Check 200.00 931.53 1/30/2004 BOTACH TACTICAL.COM Accounts Payable Check 62.37 93154 1/30/2004 BOUND TREE MEDICAL,LLC Accounts Payable Check 81.50 93155 1/30/2004 BUILDING PERMITS LAW BULLETIN Accounts Payable Check 88.78 93156 1/30/2004 BURTON'S FIRE APPARATUS Accounts Payable Check 114.82 93157 1/30/2004 CAL-COAST REFRIGERATION,INC Accounts Payable Check 573.08 93158 1/30/2004 CALIFORNIA CODE CHECK Accounts Payable Check 1,257.03 93159 1/30/2004 CALIFORNIA HIGHWAY PATROL Accounts Payable Check 50.00 93160 1/30/2004 CANNON ASSOCIATES Accounts Payable Check 1,541.41 93161 1/30/2004 CDW GOVERNMENT,INC. Accounts Payable Check 4,814.30 93162 1/30/2004 CELLULAR ONE Accounts Payable Check 1,026.17 93163 1/30/2004 CERRO ALTO 4H Accounts Payable Check 250.00 93164 1/30/2004 CHEM SERVE Accounts Payable Check 110.13 93165 1/30/2004 BRADY CHERRY Accounts Payable Check 191.51 93166 1/30/2004 CHEVRON Accounts Payable Check 508.78 93167 1/30/2004 CHICAGO GRADE LANDFILL Accounts Payable Check 40.00 93168 1/30/2004 CITY OF LOS ANGELES Accounts Payable Check 541.25 93169 1/30/2004 CITY OF SAN LUIS OBISPO Accounts Payable Check 87,489.00 93170 1/30/2004 CLEAN WATER SYSTEMS,INC. Accounts Payable Check 35.00 93171 1/30/2004 CMC RESCUE,INC. Accounts Payable Check 1,988.68 93172 1/30/2004 COASTAL IMAGING SUPPLIES Accounts Payable Check 437.58 93173 1/30/2004 CONDOR SECURITY Accounts Payable Check 252.00 93174 1/30/2004 CONTINENTAL LABOR RESOURCES Accounts Payable Check 285.20 93175 1/30/2004 CONWAY DISTRIBUTORS Accounts Payable Check 97.92 93176 1/30/2004 COUNTRY COPY Accounts Payable Check 211.28 93177 1/30/2004 COUNTY OF SAN LUIS OBISPO Accounts Payable Check 447.75 93178 1/30/2004 CRYSTAL SPRINGS WATER Accounts Payable Check 67.00 93179 1/30/2004 CUESTA COLLEGE Accounts Payable Check 155.65 93180 1/30/2004 CUESTA EQUIPMENT Accounts Payable Check 1,590.43 93181 1/30/2004 TOMILYN CUNNINGHAM Accounts Payable Check 50.00 93187 1/30/2004 DANCRIS TELECOM Accounts Payable Check 592.91 93188 1/30/2004 BEVERLY DANIEL Accounts Payable Check 50.00 38 City of Atascadero Disbursement Listing For the Month of January 2004 Check Check Number Date Vendor Description Amour 93189 1/30/2004 DARRYL'S LOCK AND SAFE Accounts Payable Check 211.87 93190 1/30/2004 DATAPRINT CORPORATION Accounts Payable Check 128.01 93191 1/30/2004 DECOU LUMBER COMPANY Accounts Payable Check 1,889.33 93192 1/30/2004 CHERYL DEJONG Accounts Payable Check 5.87 93193 1/30/2004 DEPARTMENT OF JUSTICE Accounts Payable Check 2,274.00 93194 1/30/2004 DEPARTMENT OF WATER RESOURCES Accounts Payable Check 1,318.00 93195 1/30/2004 DLT SOLUTIONS,INC. Accounts Payable Check 1,643.07 93196 1/30/2004 NICK DOWNS Accounts Payable Check 50.00 93197 1/30/2004 DRAFTING BY JOE DUHON Accounts Payable Check 150.00 93198 1/30/2004 ECONOMIC VITALITY CORP OF SLO Accounts Payable Check 634.50 93199 1/30/2004 ED'S FLY MEAT,INC. Accounts Payable Check 24.50 93200 1/30/2004 DEBORAH EGGERS Accounts Payable Check 35.00 93201 1/30/2004 EL CAMINO BUILDING SUPPLY Accounts Payable Check 293.06 93202 1/30/2004 EL CAMINO VETERINARY HOSP Accounts Payable Check 43.92 93203 1/30/2004 ESCUELA DEL RIO Accounts Payable Check 72.90 93204 1/30/2004 EXXON MOBIL Accounts Payable Check 966.46 93205 1/30/2004 FAILSAFE TESTING Accounts Payable Check 42 93206 1/30/2004 FAMILY CARE CENTERS Accounts Payable Check 70 93207 1/30/2004 FARM SUPPLY COMPANY Accounts Payable Check 66.81 93208 1/30/2004 FEDERAL EXPRESS Accounts Payable Check 20.64 93209 1/30/2004 FEDERAL SIGNAL CORP. Accounts Payable Check 113.50 93210 1/30/2004 FERRELUS AUTO REPAIR Accounts Payable Check 654.89 93211 1/30/2004 FGL ENVIRONMENTAL Accounts Payable Check 162.00 93212 1/30/2004 FIRE MAINTENANCE COMPANY,LLC Accounts Payable Check 340.00 93213 1/30/2004 FLEET SERVICES Accounts Payable Check 2,585.44 93214 1/30/2004 CAROL FOLDBERG Accounts Payable Check 50.00 93215 1/30/2004 FOOD FOR LESS Accounts Payable Check 35.67 93216 1/30/2004 FRAZEE INDUSTRIES,INC. Accounts Payable Check 20.06 93217 1/30/2004 GAS COMPANY Accounts Payable Check 3,030.13 93218 1/30/2004 GATEWAY COMPANIES,INC. Accounts Payable Check 1,602.40 93219 1/30/2004 GEM AUTO PARTS Accounts Payable Check 202.43 93220 1/30/2004 GIBBS INTERNATIONAL TRUCKS Accounts Payable Check 159.01 93221 1/30/2004 KELLY GLEASON Accounts Payable Check 63.93 93222 1/30/2004 GRISANTI HARDWARE Accounts Payable Check 415.19 93223 1/30/2004 H.D.PETERSON Accounts Payable Check 3� 39 City of Atascadero Disbursement Listing For the Month of Tanuary 2004 Check Check umber Date Vendor Description Amount 93224 1/30/2004 HART IMPRESSIONS PRINT© Accounts Payable Check 353.82 93225 1/30/2004 HEWLETT-PACKARD Accounts Payable Check 4,917.41 93226 1/30/2004 HOME DEPOT Accounts Payable Check 3,087.10 93227 1/30/2004 VALERIE HUMPHREY Accounts Payable Check 79.20 93228 1/30/2004 HURST FINANCIAL CORP Accounts Payable Check 20.00 93229 1/30/2004 INFORMATION TECHNOLOGY Accounts Payable Check 827.54 93230 1/30/2004 INGLIS PET HOTEL Accounts Payable Check 1,403.78 93231 1/30/2004 INGRID INGLISH Accounts Payable Check 50.00 93232 1/30/2004 INTERNATIONAL COUNCIL OF Accounts Payable Check 100.00 93233 1/30/2004 J.CARROLL Accounts Payable Check 626.94 93234 1/30/2004 JESPERSEN'S TIRE SERVICE,INC. Accounts Payable Check 958.29 93235 1/30/2004 JIFFY LUBE#1932 PCJL,INC. Accounts Payable Check 148.58 93236 1/30/2004 K-MART Accounts Payable Check 50.38 93237 1/30/2004 KEN'S MOBIL SERVICE Accounts Payable Check 1,665.34 93238 1/30/2004 KEN'S TECHNICAL ELECTRIC,INC. Accounts Payable Check 99.00 93239 1/30/2004 KERN COUNTY SHERIFF'S TRAINING Accounts Payable Check 267.00 • 93240 1/30/2004 KINKO'S Accounts Payable Check 235.90 93241 1/30/2004 KPRL 1230 AM Accounts Payable Check 137.50 93242 1/30/2004 LAIDLAW TRANSIT SERVICES,INC. Accounts Payable Check 12,035.17 93243 1/30/2004 LEE WILSON ELECTRIC CO.INC Accounts Payable Check 1,120.00 93244 1/30/2004 LIFE ASSIST,INC. Accounts Payable Check 308.21 93245 1/30/2004 LONGS DRUG STORES Accounts Payable Check 159.32 93246 1/30/2004 LYNDON'S AUTOMOTIVE Accounts Payable Check 178.36 93247 1/30/2004 RODNEY MADRUGA Accounts Payable Check 2,565.00 93248 1/30/2004 MARK'S PLUMBING&WATER TRMNT Accounts Payable Check 112.50 93249 1/30/2004 MARK MARKWORT Accounts Payable Check 15.53 93250 1/30/2004 WADE MCKINNEY Accounts Payable Check 230.00 93251 1/30/2004 MEATHEAD MOVERS,INC. Accounts Payable Check 3,850.00 93252 1/30/2004 DELMA MENDES Accounts Payable Check 193.10 93253 1/30/2004 NICHOLAS C.MILLER Accounts Payable Check 196.32 93254 1/30/2004 MISSION UNIFORM SERVICE Accounts Payable Check 220.51 93255 1/30/2004 MPI MICROFILM SERVICE Accounts Payable Check 5.33 93256 1/30/2004 MUNIFINANCIAL Accounts Payable Check 2,152.95 93257 1/30/2004 MARK NABORS Accounts Payable Check 174.05 . 93258 1/30/2004 NEOPOST,INC. Accounts Payable Check 476.19 93259 1/30/2004 NICKSON'S MACHINE SHOP INC. Accounts Payable Check 1,038.96 40 City of Atascadero Disbursement Listing For the Month of January 2004 Check Check Number Date Vendor Description Amoun 93260 1/30/2004 NORTH COAST ENGINEERING INC. Accounts Payable Check 1,833.75 93261 1/30/2004 NORTH COUNTY GLASS Accounts Payable Check 87.29 93262 1/30/2004 NORTH COUNTY NEWSPAPERS Accounts Payable Check 2,684.45 93263 1/30/2004 THOMAS P.O'MALLEY Accounts Payable Check 358.28 93264 1/30/2004 O.C.TANNER Accounts Payable Check 81.84 93265 1/30/2004 OCEANO SAND CO. Accounts Payable Check 797.53 93266 1/30/2004 OCHS HEATING&AIR CONDITIONIN Accounts Payable Check 2.50 93267 1/30/2004 OFFICE DEPOT INC. Accounts Payable Check 258.67 93268 1/30/2004 OFFICE OF TOM J.BORDONARO,JR Accounts Payable Check 137.50 93269 1/30/2004 OFFICEMAX CREDIT PLAN Accounts Payable Check 162.27 93270 1/30/2004 OMNI-MEANS,INC. Accounts Payable Check 175.25 93271 1/30/2004 OUTLET TOOL SUPPLY Accounts Payable Check 163.20 93272 1/30/2004 PACIFIC AUTO GLASS Accounts Payable Check 368.58 93274 1/30/2004 PACIFIC GAS AND ELECTRIC Accounts Payable Check 30,948.29 93275 1/30/2004 PASO ROBLES SAFE&LOCK Accounts Payable Check 186.34 93276 1/30/2004 PEABODY&PLUM Accounts Payable Check 100.00 93277 1/30/2004 CARMELLA PERACCA Accounts Payable Check 5 93278 1/30/2004 MIKE PERKINS Accounts Payable Check 9213T 93279 1/30/2004 PERRY ROOFING&CONSTRUCTION Accounts Payable Check .42.50 93280 1/30/2004 PERRY'S PARCEL SERVICE Accounts Payable Check 182.70 93281 1/30/2004 SCOTT E.PIPAN Accounts Payable Check 671.70 93282 1/30/2004 POOR RICHARD'S PRESS Accounts Payable Check 248.74 93283 1/30/2004 POSTAL PRIVILEGE Accounts Payable Check 504.71 93284 1/30/2004 PRO MOTION Accounts Payable Check 42.90 93285 1/30/2004 PROCARE JANITORIAL SUPPLY Accounts Payable Check 2,152.88 93286 1/30/2004 GRACE L.PUCCI Accounts Payable Check 450.00 93287 1/30/2004 QUICK CRETE PRODUCTS CORP. Accounts Payable Check 2,506.43 93288 1/30/2004 QUILL CORPORATION Accounts Payable Check 1,305.70 93289 1/30/2004 QUINLAN PUBLISHING GROUP Accounts Payable Check 88.78 93290 1/30/2004 RADIO SHACK CORPORATION Accounts Payable Check 61.07 93291 1/30/2004 RAINBOW MEALWORMS,INC. Accounts Payable Check 101.27 93292 1/30/2004 RECOGNITION WORKS Accounts Payable Check 22.21 93293 1/30/2004 REID ROOFING Accounts Payable Check 5,595.00 93294 1/30/2004 RELIABLE PROTEIN PRODUCTS Accounts Payable Check 168. 93295 1/30/2004 RIVERSIDE COUNTY SHERIFFS DEPT Accounts Payable Check 38 41 City of Atascadero Disbursement Listing For the Month of January 2004 *Check Check umber Date Vendor Description Amount 93296 1/30/2004 ROB DAVIS BACKHOE Accounts Payable Check 2,880.00 93297 1/30/2004 JOHN RODGERS Accounts Payable Check 190.00 93298 1/30/2004 ROSSI TRANSPORT SERVICE Accounts Payable Check 61.67 93299 1/30/2004 RTC R THOMPSON CONSULTING Accounts Payable Check 262.00 93300 1/30/2004 RXLASER Accounts Payable Check 123.59 93301 1/30/2004 SAN LUIS OBISPO LITERACY COUNC Accounts Payable Check 1,250.00 93302 1/30/2004 SAN LUIS PAINTS Accounts Payable Check 83.89 93303 1/30/2004 SAN LUIS POWERHOUSE Accounts Payable Check 270.00 93304 1/30/2004 SAN LUIS SURGICAL SUPPLY Accounts Payable Check 26.28 93305 1/30/2004 SANTA MARIA TIRE,INC. Accounts Payable Check 385.57 93306 1/30/2004 SBC Accounts Payable Check 2,489.34 93314 1/30/2004 SBC/MCI Accounts Payable Check 3,633.38 93315 1/30/2004 KELLY SCHAMBER Accounts Payable Check 50.00 93316 1/30/2004 SHANNON SIMS Accounts Payable Check 6.47 93317 1/30/2004 SKILLPATH SEMINARS Accounts Payable Check 70.79 93318 1/30/2004 SLO PLASTERING Accounts Payable Check 3.00 • 93319 1/30/2004 SMART AND FINAL Accounts Payable Check 77.33 93320 1/30/2004 SO CA CHAPTER NOBLE Accounts Payable Check 25.00 93321 1/30/2004 STAPLES CREDIT PLAN Accounts Payable Check 1,694.61 93322 1/30/2004 STEWARTS WHEEL SHOP Accounts Payable Check 200.00 93323 1/30/2004 ROBERT STORCHHEIM Accounts Payable Check 38.00 93324 1/30/2004 SUNLIGHT JANITORIAL Accounts Payable Check 1,305.60 93325 1/30/2004 SUPERIOR QUALITY COPIERS,INC. Accounts Payable Check 734.15 93326 1/30/2004 SWITZER DIESEL REPAIR Accounts Payable Check 1,303.58 93327 1/30/2004 SWRCB FEES Accounts Payable Check 5,668.00 93328 1/30/2004 SYLVESTERS SECURITY ALARMS Accounts Payable Check 250.00 93329 1/30/2004 TANNER CONSTRUCTION Accounts Payable Check 6,539.73 93330 1/30/2004 TEMPLETON FEED&GRAIN Accounts Payable Check 132.20 93331 1/30/2004 TEMPLETON UNIFORMS Accounts Payable Check 99.21 93332 1/30/2004 TESORO CAR WASH Accounts Payable Check 75.00 93333 1/30/2004 THYSSENKRUPP ELEVATOR Accounts Payable Check 734.36 93334 1/30/2004 MARCIA TORGERSON Accounts Payable Check 275.42 93335 1/30/2004 TOWN&COUNTRY PAINTING Accounts Payable Check 4,527.50 93336 1/30/2004 TRIAD/HOLMES ASSOCIATES Accounts Payable Check 75.00 • 93337 1/30/2004 TRIBUNE Accounts Payable Check 156.00 93338 1/30/2004 TRIBUNE Accounts Payable Check 1,743.56 42 City of Atascadero Disbursement Listing For the Month of January 2004 Check Check Number Date Vendor Description Amount• 93339 1/30/2004 TURF STAR,INC. Accounts Payable Check 16.47 93340 1/30/2004 UNITED GREEN MARK,INC. Accounts Payable Check 51.79 93341 1/30/2004 USA BLUE BOOK Accounts Payable Check 238.58 93342 1/30/2004 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 4,036.80 93343 1/30/2004 VERIZON WIRELESS Accounts Payable Check 217.80 93344 1/30/2004 MATTHEW WARD Accounts Payable Check 50.00 93345 1/30/2004 CATHY WEEKS Accounts Payable Check 503.75 93346 1/30/2004 WESTERN JANITOR SUPPLY Accounts Payable Check 208.26 93347 1/30/2004 WILLIAM P.WHITE Accounts Payable Check 80.00 93348 1/30/2004 SUSAN WICH Accounts Payable Check 105.00 93349 1/30/2004 LISA WILKINSON Accounts Payable Check 17.64 93350 1/30/2004 WILLIAM AVERY&ASSC.,INC. Accounts Payable Check 2,500.00 93351 1/30/2004 DANIEL J.WILLS Accounts Payable Check 142.76 93352 1/30/2004 WILSON LAND SURVEYS Accounts Payable Check 191.25 $ 780,033.41 • 43 ITEM NUMBER: p _ 5 DATE: Q 3 9 9 4 • ■ ■■ ■ � n 1918 � 1979 Atascadero City Council January 2004 Staff Report - City Treasurer January 2004 Investment Report RECOMMENDATION: Council approve the City Treasurer's report for January 2004 REPORT IN BRIEF: Cash and Investments Checking $ 276,603 Money Market Accounts 94,946 Certificates of Deposit 5,556,117 Government Securities 1,742,500 • LAIF 16,664,576 Cash with Fiscal Agents 143,733 Cash in Banks at January 31, 2004 $ 24,478,475 Deposits in Transit - Outstanding Checks (454,515) Cash and Investments at January 31, 2004 $ 24,023,960 Investment Activity Securities Purchased: Purchase Date Description Type Cost Maturity Date 01/16/04 American National Bank CD $ 99,000 01/16/09 01/29/04 Eurobank CD 95,000 01/29/09 01/30/04 Lincoln Bank CD 97,000 01/21/08 01/30/04 Founders Trust Personal CD 95,000 01/30/09 01/30/04 Interstate Net Bank CD 97,000 01/30/09 Securities Matured: Maturity Date Description Type Original Cost Amount Matured 01/30/04 Old National Bank CD $ 95,000 $ 95,000 01/30/04 First Financial Bank CD 96,556 97,000 i Page 1 of 13 44 s Y9Y8 � 1978 . C" Atascadero City Council January 2004 Staff Report - City Treasurer January 2004 Investment Report Securities Sold/Called Prior to Maturity: Transaction / Original Cost/ Gain/ (Loss) Tran Date Description /Type Maturity Call Price on Call Sold Wilshire State Bank $ 98,505 $ 98,505 $ - 01/28/04 CD 10/10/08 Other Reportable Activities: None • • 45 Page 2 of 13 CITY OF A TASCADERO TREASURER'S REPORT • CASH& INVESTMENTS ACTIVITY SUMMARY FOR THE MONTH OF JANUARY 2004 CHECKING FISCAL ACCOUNT INVESTMENTS AGENT TOTALS Balance per Banks at January 1, 2004 $ 408,004 $ 23,437,429 $ 143,673 $ 23,989,106 Receipts 1,530,517 57,771 60 1,588,348 Disbursements (1,098,979) - - (1,098,979) Transfers In 370,061 933,000 - 1,303,061 Transfers Out (933,000) (370,061) (1,303,061) Balance per Banks at January 31, 2004 $ 276,603 $ 24,058,139 $ 143,733 24,478,475 Deposits in Transit - • Outstanding Checks (454,515) Adjusted Treasurer's Balance $ 24,023,960 • Page 3 of 13 46 O O 00 00 O O O O O � 'n 01 O O O O n O O O O O O ILU 00 � t- vi W) CN ON ON 0 � � U � • Cd rq Cd Cd Cd Cd Cd h N �.. v O ti a A 00 O O O O O O O O O O V O O O O O O vi 41 O O O O O O O O O O O �F kn O\ n n 00 r` r` vi vi r- ON ON O\ ON O\ d' 01 D\ ON O\ O\ O\ Q � r1 69 knv1 vl O O kn O O O O ti vl �q Iq U1 vl O M A �14 0 0 0 \ \ o c \ \ 0 0 �C Cd 'n v1 V'� O O v1 O O O O ID �O wi v1 O Zoj M ZFEN Cr 0 Cd Cd Cd Cd Cd Cd Cd cl Cd m Cd en U N w � cc r a 0 0 0 0 0 0 0 ani A A A Q Q A Q A Q Q A W w w w w w w w w w w w 0 0 0 0 0 0 0 0 0 0 0 cl n C U U U U U U U C� U U U W o 0 0 0 0 0 0 0 0 0 0 00 O N N M O O O O .�. 0 y y VD co SCD 4 W ani s i c Qq Ln o cc ¢ C9d a cl w o Cdr x y U �D 'b 6a >> a+ ,b C ��'' 3 ca0 •i+ � /. 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O vi oo a\ O O A a\ D1 n 0000 0000 00 O O O O p R epC cpa R W cq C ti ^� CQ Pa R W n R o Cd vo DO Ur-I ON z W Q o m c M R > p e M C 0. Z L b z P. A on 3 x M 'O N •p ° •ami p z c >, ~ 4t � � p R .fir � w gyp�++ � .� •rn V � R y y a/ � .�" Lr N L y R L CL G O L ," •3.+ .t: Chi .b .� h R � � a> � R k Cfi �. G� � C� .��' �.' � � p 7� R C O C it • O , u va U wU E6* 3 � wU � v� va rn3 wx wc7 � U w DD 00 00 00 00 00 00 00 w 01 O\ O\ � N 00 O cn WQ l� .fir N \p � O\ O O N N M O N N N M M� r 00 0 O N 000 0000 ,\ \ 51 / ƒ ell . % . . . . 6s ^ � $ \ en Q Q 2 w w / � � f � / 4 § . � / \ \ � ■ $ © § k k \ . 2 ON % § \ u ) t V . \ cl . . . . . \ \ 02 m $ ) k 101, 7 \ k \ a & CA § k \ \ 5 \ ƒ \ R \ f 52 City of Atascadero Investments by Type January 2004 Government Cash with Securities Fiscal Agent Certificates of Deposit 7% 1% Other 23% 0% =r i. LAIF • 69% Investment January 2004 LAIF $ 16,664,576 Certificates of Deposit 5,556,117 Government Securities 1,742,500 Cash with Fiscal Agent 143,733 Other 94,946 $ 24,201,872 i Page 10 of 13 53 City of Atascadero Investments by Maturity • January 2004 One Month One to Five Years Within to One Year 25% One Month 3% 2% e pp 4. • On Demand 70% Investment January 2004 On Demand $ 16,759,522 Within One Month 388,000 One Month to One Year 815,839 One to Five Years 6,094,778 $ 24,058,139 i Page 11 of 13 54 City of Atascadero Investments by Custodial Agent January 2004 . Bank of RBC Dain Rauscher New York 21% 1% City of Atascadero Penson Financial Corp. 0% 10% State of California • 68% Custodial Agent January 2004 State of California $ 16,664,576 Penson Financial Corp. 2,302,724 RBC Dain Rauscher 5,042,791 Bank of New York 143,733 City of Atascadero 48,048 $ 24,201,872 • 55 Page 12 of 13 City of Atascadero Investment Yield vs. 2-Year Treasury Yield For the Year Ended January 31, 2004 3.00% 2.50% x 2.00% P v 1.50% 1.00% tk 0.50% 9+ t 0.00% o o°o o°o o o°o o°o o o°o o°°` T anti �pr� � ti oc�� � 05�� � � � ry �6 O City Yield 2-Yr Treasury Yield 2-Yr Treasury City Yield Yield January 2003 2.81% 1.74% February 2003 2.64% 1.63% March 2003 2.57% 1.57% April 2003 2.46% 1.62% May 2003 2.36% 1.42% June 2003 2.28% 1.23% July 2003 2.22% 1.47% August 2003 2.23% 1.86% September 2003 2.23% 1.71% October 2003 2.21% 1.75% November 2003 2.18% 1.93% December 2003 2.11% 1.91% January 2004 2.10% 1.76% Page 13 of 13 56 ITEM NUMBER: B-1 DATE: 03/09/04 Atascadero City Council Staff Report- Community Development Department General Plan Amendment 2003-0007 ECOSLO Settlement Agreement RECOMMENDATION: Planning Commission Recommends: Council adopt draft Resolution A approving General Plan Amendment 2003-0007 based on findings. i DISCUSSION: Background: The Planning Commission held a public hearing on the proposed General Plan Amendment on February 17, 2004. The Commission recommended approval on a 6-0 vote with one member absent. Copies of the Planning Commission's minutes are available on the City website. The City of Atascadero adopted the 2025 General Plan in July 2002. Following adoption of the General Plan the Environmental Center of San Luis Obispo (ECOSLO) filed a lawsuit against the General Plan. Following a period of negotiations an agreement was entered into between ECOSLO and the City of Atascadero to settle the lawsuit. The settlement obligated the City to take eight separation actions (refer to Attachment 1). Two of the actions that the City agreed to included amending portions of the Land Use Element of the General Plan. Analysis: The settlement agreement calls for the City to amend two section of the General Plan. The first change will be to Land Use Summary Table, Table II-3, indicating that all build out numbers are projections and not maximum caps. The second change would amend LOC Policy 8.2.2. changing the interim creek setback on Atascadero Creek and Graves Creek from 20 feet to 35 feet (refer to Attachment 2). 57 ITEM NUMBER: B-1 DATE: 03/09/04 The first change to the Land Use Summary Table is strictly a change of vocabulary that better represents that the build-out number is an estimate rather than a maximum cap. Changing demographics, economic trends, and infill rates in the multi-family areas can affect the build-out number both up and down. The second change, will affect development of parcels located along Atascadero Creek and Graves Creek. During the General Plan update an interim 20-foot setback was created along Atascadero Creek and Graves Creek to prevent development from encroaching on the riparian areas and flood ways. The setback is measured from the edge of the creek reservation parcel. The increase of the creek setback to 35-feet may affect design of smaller parcels along the creek but an exception process with a Conditional Use Permit is available to relieve hardships. The proposed General Plan changes have been reviewed and approved by the City Council as part of the settlement agreement. Staff has determined that the proposed amendments are minor in nature and consistent with the original EIR certified for the 2002 General Plan. FISCAL IMPACT • The General Plan Amendment would not have a fiscal impact on the City. ALTERNATIVES 1. The Council consider modifications to the proposed text amendments. 2. The Council may determine that more information is needed on some aspect of the project and may refer the item back to staff to develop the additional information. The Council should clearly state the type of information that is required and move to continue the item to a future date. 3. The Council may deny the General Plan Amendment. ATTACHMENTS: Attachment 1: Settlement Agreement Attachment 2 Draft Resolution of Approval 58 ITEM NUMBER: B-1 DATE: 03/09/04 Attachment 1: Settlement Agreement AGREEMENT OF.SETTLEMENT AND COMPRQMME This Agreement of Settlement and Compromise("Agreement')is made and entered this/ day of May 2003 by and between the City of Ataseadexo.("the City')and the Environmental Center of San.Luis Obispo.("BCOSW). Recitals A. On or about June 25,2002,the City adopted City Council Resolution No. 2002-031 (General Plan Amendment 2000-0001)which had the effect of amending the City's existing General Plan("the General Plan Amendment."), B. On or about July 26,2002,ECOSLO filed the-lawsuit entitled ECOSLO. :t. vs. City of Atascadero et aL,San Luis Obispo Superior Court Case,No.CV 020723("the Lawsuit').: ECOSLO,through the lawsuit,contended,among other things,that(i)the environmental impact report for the General Plan Amendment was legally inadequate and (b)the General Plan-Amendment otherwise violated state law.... • C. The parties met on several occasions in an attempt to arrive at a.settlement of the Lawsuit. The parties have reached an agreement of settlement and compromise on the terms and conditions set forth herein: NOWT THEREFORE,the,City and ECOSLO agree as follows: 1. Dismissal of Lawsuit:. Concurrent with the execution of this,Agreement by the parties,ECOSLO will deliver to the,City a fully executed Request for Dismissal of the Lawsuit as to all parties,with prejudice. The City will file the Request for Dismissal and provide ECOSLO with a file-endorsed copy. , 2. Mutual Release ofLiability. The parties hereby and forever release and discharge each other and their respective members,representatives,employees,consultants, officials,agents,boards,committees,consultants,attorneys,successors and assigns fi-om any and all claims,disputes,causes of action,-fees and costs that arose from or in relation -to the adoption of the General Plan.Amendment,including alleged deficiencies in the.. General Plan as a result of-the General Plan Amendment,the:environmental review for the General Plan Amendment,the proceedingsleading up to the General Plan,the filing of the Lawsuit,or any matter raised or that could have been raised in the Lawsuit,and any claim.for costs,expenses or attorney fees incurred in relation to the General Plan Amendment or in the Lawsuit. Each party shall bear their own costs and attorney fees incurred in the Lawsuit: 3. City Obligations. The City has agreed to take the following actions: (i)The City will complete the Master Sewer Plan on or before December 31, t 2003. The City Staff will propose to the City Council,and the City Council will consider - 1 - 59 ITEM NUMBER: B- 1 DATE: 03/09/04 in good faith,an ordinance to the effect that property owners with existing residential dwellings would,only be required to connect to the public sewer system if their system has failed. A se a is system has failed if(a)effluent hasescapedto.the surface,or otherwise jeopardizes ground or surface water,and(b)it cannot be repaired or replaced consistent with Appendix K of the UPC within a reasonable time. (ii)The City is in the process of completing a habitat survey for plant communities within the City.. This survey,when completed,will be used.as a basis for preparing a map of wildlife corridors and habitat.in the City. The City will use reasonable efforts to.complete this survey in 2003. (iii)The City will complete a fiscal analysis of the impact of the zoning and density changes that are likely to occur as a result of the General PIan Amendment. This analysis will be completed by the City Manager within a reasonable tune but no laterthan the end of 2004. The parties recognize that the current budgetary crisis in California may impact the completion of this survey. (iv) The City will provide ECOSLO with a map that.delineates the property lines within and adjacent to the Salinas River. Further,the City,as a property owner,will participate in reasonable efforts to manage and control the Salinas River Corridor. (v) The City hereby acknowledges that it has an existing policy to acquire open space easements where feasible. It is also the City's policy to seek the dedication of open space easements-where legally permissible. (vi)The City will adopt a 35-foot interim setback along Atascadero Creek and Graves Creek. This setback will remain in place until the City adopts an ordinance establishing permanent creek setbacks. The City will provide notice to ECOSLO of all land use proposals on the property known as Dove Creek. (vii)The City will amend Table II-3 of the General Plan to show that the listed figures are projected build outand not the maximum build out. (viii) The Atascadero Mutual Water Company is in the process of preparing an urban water study. The City will use the urban water study to analyze the water demands of future development projects. Nothing in this paragraph shall be.construed to preclude.l the City from using other studies;reports,expert analysis or other similar information in its analysis of water demands. 4. No Admission of Liabilitv. This Agreement is entered in settlement and compromise of-a lawsuit and should not be construed as an admission or representation of the merit,or lack thereof,of any lawsuit or dispute. i _2 = 60 ITEM NUMBER: B- 1 DATE: 03/09/04 Attachment 2: Draft Resolution DRAFT RESOLUTION A A RESOLUTION OF THE ATASCADERO CITY COUNCIL APPROVING GENERAL PLAN AMENDMENT 2003-0007, AMENDING THE LAND USE, OPEN SPACE AND CONSERVATION ELEMENT OF THE ATASCADERO GENERAL PLAN General Plan LOC Element Amendment Cycle 1 (ECOSLO Settlement Agreement) WHEREAS, an Agreement of Settlement and Compromise was entered into on May 13`h, 2003 between the City of Atascadero and the Environmental Center of San Luis Obispo (ECOSLO) obligating the City to amend certain portions of the Atascadero General Plan; 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 General Plan amendment 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 General Plan amendment; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on Tuesday,February 17, 2004, studied and considered General Plan Amendment 2003-0007, and, WHEREAS, the Atascadero City Council, at a duly noticed Public Hearing held on Tuesday, March 9, 2004, studied and considered General Plan Amendment 2003-0007, and, NOW, THEREFORE, the City Council takes the following actions: SECTION 1.FINDINGS OF CONSISTENCY WITH 2002 GENERAL PLAN • EIR 61 ITEM NUMBER: B-1 DATE: 03/09/04 1. The proposed project has been analyzed adequately in the 2002 General Plan EIR pursuant to applicable standards and impacts have been avoided or mitigated pursuant to the that EIR. SECTION 2.FINDINGS FOR APPROVAL. The City Council finds as follows: 1. The proposed amendment is consistent with the May 13, 2003 settlement agreement between the City and ECOSLO. 2. The proposed amendment is in conformance with the adopted General Plan Goals,Policies, and Programs and the overall intent of the General Plan. 3. The proposed amendment is compatible with existing development, neighborhoods and the environment. 4. The proposed amendment will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts. 5. The proposed amendment is consistent with adopted EIR and mitigation monitoring program. • SECTION 2.APPROVAL. The Atascadero City Council,in a regular session assembled on March 9, 2004,resolved to approve the following General Plan Amendments: 1. Exhibit A: General Plan LOC Element Text Amendment Table 11-3, Page II-5 2. Exhibit B: General Plan LOC Element Text Amendment LOC Policy 8.2,Page H-33 62 ITEM NUMBER: B-1 DATE: 03/09/04 • 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: Jerry L. Clay, Sr.,Mayor ATTEST: Marcia McClure Torgerson,City Clerk APPROVED AS TO FORM: Roy A. Hanley, City Attorney 63 ITEM NUMBER: B- 1 DATE: 03/09/04 Exhibit A: General Plan LOC Element Text Amendment Table 11-3,Page 11-5 D. Land Use Designations The Land Use Element and Diagram establishes distinct residential and non-residential land use categories that identify where certain types of uses may occur. While the General Plan outlines overall development parameters,the Zoning Ordinance implements these designations through regulations for specific districts and allowed uses. Table II-3'T'a'�T1 establishes the land use designations of the General Plan and lists maximum potential development for each designation. Table II-a General Plan Land Use-Maximum.Projected Potential Development RR IRE ISE 0.1 -0.4 unitlacre gross** 2.5-10 ac 9,340.4 ac 3634 du 9630 pp SFR-Z 1.0 unitlacre grass** 1.5-2.5 ac 655.2 ac 652 du 1 728p SFR-Y 2.0 unitslacre gross 1.0 ac 1,579.5 ac 2831du 7503pp SFR-X 4.0 unitsfacre nets 0.5 ac 472.7 ac 1380 du 3658 pp MDR 10 unitsfacre net 0.5 ac 217.1 ac 1116 du 2956 pp HDR 16 unitsfacre net 0.5 ac 303.0 ac 3648 du 9668 pp GC 16 unitsfacre net 0.3 FAR 292.1 ac 189 du 501 pp SC 0.4 FAR 41.8 ac D 16 unitsfacre net 3.0 FAR 62.3 ac 50 du 133 pp MU 16 unitsfacre net 0.3 FAR 66.6 ac 200 du 530 pp CPK 0.4 FAR 82.9 ac CREC 10 unitsfacre net 0.1 FAR 6.7 ac IND 0.4 FAR 65.2 ac AG 0.1 -0.4 units/acre gross'' 2.5-10 ac 43.9 ac REC 501.7 ac PUB 0.4 FAR ,1174.3 ac OS 277.4 ac Total 15 182.6 ac 13,701 du 1 36,308 PP • "Nef'shallmeznminim umlot size exclusiveoIprivate orpublielyownedainttingroadrishts-ofwraywmh-Gross'shaninaludc abuttin,;m ad ri gi&of-w ay to FAB.(FloorAreaRatio)TheFARexpressesAtpercentageofasiteareathatcouldbecovtnaiyabuilding. The FARisnotconsidaredan absolute c ap under this Ge neral Plan b ut is used as an overallland use dtsi5 nation average to calculate traffic and job se neration relate d to the uses. Actuallysfte utilizationrestrictions are determinedby the sonar,ordinance's setback,landscapfrys,parldn andheisht standards. Dowatown F AR is ass ume d with an averaSt of 0.4 with a m ax of 3.0. • IThe maximumaensityattcaJim ittothtaumter ofunits ihatmaybedevtlopedineachlana use desianatior. TheGeneral plan,also aets minimum lois sizeareasihatanallowedthmughthesuiaivicionproctssconsistentwiththe'E1bowRoom,principle. The minimum lot sises are more restrictive than the maximum densities inorder to reflect historic sm all lot development densities and to allow for new plane d develo pmt nt projec is that incorporate s m aller lot sizes with inn*vative dosis n co nce pts. •�} is adjustedby perform ante standards in this landvse desiSnation The maximum atmitymaybe lowerbastdonthe applic ation of perform anc t standards. 64 ITEM NUMBER: B-1 DATE: 03/09/04 • Exhibit B: General Plan LOC Element Text Amendment LOC Policy 8.2,Page 11-33 Policy 8.2: Establish and maintain setbacks and development standards for creek side development. Program: 1. Adopt and maintain a creek setback ordinance that will establish building setbacks and development standards along the banks ofAtascadero Creek, Graves Creek, blueline creeks and the Salinas River to ensure the uninterrupted natural flaw of the streams and protection of the riparian ecosystem with flexible standards for the downtown area. Responsibility: CDD, Planning Commission, City Council Timeframe: Adopt Ordinance in 29432005. 2. Prior to adaption of creek setback ordinance an interim 5-foot creek setback shall be in effect along Atascadero Creek- and Graves Creek_apd-aMll other 7.5 min Q,5Qa quadrangle blueline creeks shall have an interim 20-foot setback. The interim setbacks shall be subiect to the follo�� f a) On Atascadero Creek and Graves Creek setbacks shall be measured from the edge of the creek reservation. b) All other blueline creek setbacks shall be measured from ordinary high water mark. c) The Planning Commission may approve exceptions to the interim creek setbacks in the form of a Conditional Use Permit if the finding can be made that creeks, riparian areas and site improvement will not be negatively impacted by the exception. `ilial 'Jan :s my 2� 2"J--Q 65 ITEM NUMBER: B-2 DATE: 03/09/04 n iris i e A tascadero City Council Staff Report - Community Development Department Pine Mountain Transfer of Development Rights GPA 2003-0009/ZCH 2003-0073/DAG 2004-0001 Coromar Avenue ZCH 2003-0072/ZCH 2003-0074/ CUP 2003-0120/TTM 2003-0041 Colima Road ZCH 2003-0076/TTM 2003-0042 Ferrocaril Road - De Anza Estates CUP Amendment 2002-0067/TTM 2003-0045 (Gearhart, Molina, Johnson) • Reader Note: The Pine Mountain Transfer of Development Rights project description affects four separate project sites within the City. Various land use and zoning amendments are proposed for each project site. The Staff Analysis section of this report has been organized into the following four subsections: A. Coromar Avenue Planned Development Overlay B. Colima Road Planned Development Overlay C. Ferrocaril Road(De Anza Estates) Master Plan of Development Amendment D. Pine Mountain General Plan Amendment/Zone Change The following chart illustrates the organization of the four project components. 66 ITEM NUMBER: B -2 DATE: 03/09/04 Project Organization Summary: PINE MOUNTAIN TRANSFER OF DEVELOPMENT RIGHTS PROJECT PINE MOUNTAIN TDR CEQA/MND 2003-0069 DEVELOPMENT AGREEMENT DAG 2004-0001 PINE MOUNTAIN TDR GPA 2003-0009 Land Use Diagram Amendments • PINE MOUNTAIN TDR ZCH 2003-0073 Zoning Ma Chan es FERROCARIL RD SITE COLIMA RD COROMAR AVE PINE MTN. MPD AMENDMENT SITE SITE n/a* MAP PD-21 PD-17 MAP MPD • CUP AMENDMENT 2002-0067 MAP • TTM 2003-0045 • ZCH 2003-0076 • ZCH 2003-0072 • TTM 2003-0042 • ZCH 2003-0074 • CUP 2003-0120 • TTM 2003-0041 * No additional entitlement required beyond above stated GPA and ZCH 67 ITEM NUMBER: B -2 DATE: 03/09/04 • RECOMMENDATIONS: Planning Commission Recommends Approval (1 - 4): Transfer of Development Rights 1. Adopt Resolution A certifying Proposed Mitigated Negative Declaration 2003-0069; and, 2. Adopt Resolution B approving General Plan Amendment 2003-0009 based on findings; and, 3. Adopt Ordinance A introducing for first reading, by title only, draft ordinance for first reading to approve Zone Change 2003-0073 based on findings; and, 4. Adopt Resolution C approving Development Agreement 2004-0001 based on findings; and, • Planning Commission Recommends Denial (5 - 8): Coromar Avenue 5. Adopt Ordinance B introducing for first reading, by title only, draft ordinance for first reading to approve Zone Change 2003-0072 based on findings; and, 6. Adopt Ordinance C introducing for first reading, by title only, draft ordinance for first reading to approve Zone Change 2003-0074 based on findings; and, 7. Adopt Resolution D approving the Master Plan of Development (CUP 2003-0120) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 8. Adopt Resolution E approving Vesting Tentative Tract Map 2003-0041 based on findings and subject to Conditions of Approval and Mitigation Monitoring. Planning Commission Recommends Approval (9 - 10): Colima Road 9. Adopt Ordinance D (Zoning Text) and Ordinance E (Zoning Map Change) introducing for first reading, by title only, draft ordinance for first reading to approve Zone Change 2003-0076 based on findings; and, 68 ITEM NUMBER: B-2 DATE: 03/09/04 10.Adopt Resolution F approving Vesting Tentative Tract Map 2003-0042 based on findings and subject to Conditions of Approval and Mitigation Monitoring. Planning Commission Recommends Approval (11 - 12): Ferrocaril Road — De Anza Estates 11.Adopt Resolution G approving the Master Plan of Development Amendment (CUP 2002-0067) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 12:Adopt Resolution H approving Vesting Tentative Tract Map 2003-0045 based on findings and subject to Conditions of Approval and Mitigation Monitoring. REPORT- IN - BRIEF: As directed by the adoption of a guidance resolution by the City Council on October 28, 2003, staff has prepared a development agreement for a transfer of eight single-family residential (SFR) development rights from Pine Mountain to two receiver sites under a General Plan Amendment and Zone Change process. In addition, a site located along Coromar Avenue will receive a land use and zone change to allow 16 single-family residential lots. The project includes the following additional actions for each site: • Coromar Avenue: Planned Development Overlay, Conditional Use Permit, and Tentative Tract Map. Maximum project entitlement is 16 single-family units/lots. In addition, a zone change for a separate but contiguous single-family residential property located at 8955 Coromar Avenue for land use consistency, not subject to the proposed development agreement. Colima Road: Planned Development Overlay/Tentative Tract Map. Maximum project entitlement five (5) SFR lots, three (3) of which are transferred units from the Pine Mountain property plus two (2) lots that currently exist. Ferrocaril Road (De Anza Estates)• Conditional Use Permit Amendment and Tentative Tract Map. Maximum project entitlement: twenty (20) SFR units, five (5) additional SFR units, all of which are transferred units from Pine Mountain plus fifteen (15) SFR lots that currently exist. Pine Mountain: General Plan Amendment/Zone Change will redesignate site as open space. Maximum project entitlement: 0 units, eight (8) SFR units will be transferred from the Pine Mountain property leaving no development credits on the property. The property ownership will be transferred to the City of Atascadero through the development agreement. 69 ITEM NUMBER: B-2 DATE: 03/09/04 On February 17, 2004, the Planning Commission held a public hearing for the proposed project, grouping their actions as follows: • On a 4-2 vote, the Planning Commission recommended that the City Council adopt the mitigated negative declaration, the general plan amendment and zone change and approve the development agreement for each of the project sites. • On a 3-3 vote, the Planning Commission did not have the required majority vote to recommend the City Council approve the Coromar Avenue Planned Development Overlay, Conditional Use Permit, and Tentative Tract Map. This portion of the project would allow a maximum project entitlement of 16 single- family units/lots on the site. The Commission cited concerns of neighborhood density inconsistency, unclear correlation between the Pine Mountain TDR and the Coromar PD approval, and lack of project/design review typically required of a PD-17 project. • On a 5 - 1 vote, the Planning Commission recommended that the Colima Road zone change and tract map. • On a 5 - 1 vote, the Planning Commission recommended that the City Council adopt the Ferrocaril Road CUP amendment and tract map. • Planning Commission minutes are available on the web at www.atascadero.orq and at the City Community Development Department. Situation and Facts: 1. Applicant/ Representative: Kelly Gearhart 6205 Alcantara Avenue, Atascadero, CA 93422 William Johnson 8955 Coromar Avenue, Atascadero, CA 93422 George Molina 5000 Marchant Avenue, Atascadero, CA 93422 2. Project Address: Pine Mountain (APN 028-231-003); 8825, 8955 Coromar Ave (APN 056-111-027, 056-111-025 056-111-023); 3680, 3700 Colima Road (APN 049-163-013, 049-163-015); Ferrocaril Road - De Anza Estates (APN 049-011-004); each within city of Atascadero (San Luis Obispo County) 3. General Plan Designation: Pine Mountain — RR (Rural Residential) Coromar Avenue — GC (General Commercial) Colima Road — SE (Suburban Estates) • Ferrocaril Road - De Anza Estates — SE (Suburban Estates) 70 ITEM NUMBER: B-2 DATE: 03/09/04 4. Zoning District: Pine Mountain — RR (Rural Residential) Coromar Avenue — CT, CR (Commercial Tourist, Retail) • Colima Road — RS (Residential Suburban) Ferrocaril Road - De Anza Estates — RS (Residential Suburban) 5. Site Area: Pine Mountain —28.87 acres Coromar Avenue — 3.03 acres + 8,189 square foot (Johnson) parcel Colima Road —4.93 acres Ferrocaril Road - De Anza Estates — 12.82 acres 6. Existing Use: Pine Mountain —Vacant Coromar Avenue—Single-Family Residence Colima Road — Single Family Residence Ferrocaril Road - De Anza Estates —Vacant 7. Environmental Status: Proposed Mitigated Negative Declaration 2003-0069 DISCUSSION: Background: On October 28, 2003 the City Council directed staff to process the proposed project and corresponding environmental documentation. • Project Definition: The project includes a development agreement between the City of Atascadero and project applicants George Molina and Kelly Gearhart,and includes the components identified below. Development Agreement: The project will be processed with a development agreement. The development agreement will be utilized as a legal vehicle to provide for a transfer of site-specific development credits without creating a program that will produce unintended consequences, or a precedent requiring that the City allow increased density on any other sites in Atascadero. The development agreement will incorporate specific government code section procedures to limit its use to the proposed project type and restrict its use in situations where development agreements may be inappropriate. The development agreement has been reviewed by the Planning Commission prior to consideration for adoption in ordinance form by the City Council. The proposed development agreement is for a transfer of eight single-family residential lots from Pine Mountain to two receiver sites under a General Plan Amendment and Zone Change process. In addition, a site located along Coromar Avenue will receive a land use and zone change to allow 16 single-family residential lots. The project includes the following additional actions at each site: A. Coromar Avenue: General Plan Amendment from General Commercial to SFR-X (Maximum density of 4 units per acre with a minimum lot area of 0.5 acres net. Smaller lot sizes up to 4 units per acre allowed through a planned development overlay • process). Zone Change from CR and CT to RSF-X zone with Planned Development 71 ITEM NUMBER: B-2 DATE: 03/09/04 Overlay No. 17/Conditional Use Permit corresponds to the general plan amendment. • The Planned Development Overlay No. 17 may be established in the RSF-X single- family residential zones on lots with a net acreage exceeding one (1) acre. The maximum density within the planned development shall not exceed a gross density of four (4) units per acre. This overlay zone contains specific site development standards that are incorporated into the proposed project. A Vesting Tentative Tract Map is also included corresponding to the proposed 16 residential lots (maximum project entitlement) and site improvements. In addition, a zone change is proposed for a separate but contiguous single-family residential property located at 8955 Coromar Avenue for land use consistency, not subject to the proposed development agreement or above-mentioned planed development. B. Colima Road: General Plan Amendment from SE (2.5 — 10 ac lot size) to RSF-Y (Minimum lot size 1 acre - second units allowed subject to zoning requirements). Zone Change from RS to RSF-Y corresponds to the general plan amendment. A new Planned Development Overlay No. 21 is required to allow one preexisting lot to remain less than one acre and to restrict all lots from adding second dwelling units. A Tentative Tract Map is also included corresponding to the proposed 5 residential lots and site improvements. Maximum project entitlement five (5) lots, three (3) of which are transferred units from the Pine Mountain property plus two (2) lots that currently exist. C. Ferrocaril Road (De Anza Estates): General Plan Amendment from SE (2.5 — 10 ac lot size) to RSF-Y (Minimum lot size 1 acre. Second units allowed subject to zoning requirements). Zone Change from RS to RSF-Y corresponding to the general plan • amendment and an amendment to an existing Master Plan of Development to reflect the additional lots and to restrict second dwelling units on all 20 lots within the on-site Planned Development No. 16. A Tentative Tract Map is also included corresponding to the new proposed lots. Maximum project entitlement: twenty (20) units (Five (5) additional units, all of which are transferred units from Pine Mountain plus fifteen (15) lots that currently exist). As an amendment to the existing Master Plan of Development, the project includes conceptual building locations and architectural floor plans and elevations. In the event these buildings are proposed for construction, conditions of approval have been included to meet the original Planned development design intent. D. Pine Mountain: No additional applications. Maximum project entitlement: 0 units, eight (8) units will be transferred from the Pine Mountain property leaving no development credits on the property. The property will be provided to the City free and clear upon project approval through terms of the development agreement. • 72 ITEM NUMBER: B-2 DATE: 03/09/04 Staff Analysis A. Coromar Avenue Existing Setting: North: Residential South:Vacant East: U.S. Highway 101 West: Residential x E E. N • a • a "' aa- a • aa- The General Plan and Zoning Ordinance identifies properties to the north and west as single-family-residential with a 0.5-acre lot minimum. U.S. Highway 101 is located to the east. Vacant land designated as commercial is located to the south. The proposed site single-family residential zoning is consistent with the General Plan designation to the north and west. 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 four (4) single-family units, consistent with the specific site development standards and appearance review, as analyzed below. The PD-17 requires a Master Plan of Development, • which incorporates site 73 ITEM NUMBER: B-2 DATE: 03/09/04 development standards and appearance review including architecture, and landscaping. • Per the zoning ordinance, the Master Plan of Development is processed as a Conditional Use Permit. The Conditional Use Permit process provides the opportunity for the public, the Planning Commission, and the City Council to review the specifics of land use proposals, such as architectural design, site design, landscape, signage, and specific standards of the zoning ordinance. Appearance Review: The project has been proposed to meet the requirements of the Atascadero Municipal Code and the appearance review requirements of the General Plan as identified below. A. Architecture, Materials, Color: The project includes six different elevations and has been designed with residential units that incorporate architectural themes and materials similar to traditional Atascadero colony neighborhoods. Staff has included minor conditions of approval regarding exterior material finishes (brick, stone, horizontal siding, materials, garage doors) (Coromar CUP Conditions 13). A variety of architectural embellishments will be incorporated into the new house designs, including: Covered entry porches, double or single hung windows, window shutters, architectural banding, decorative gable vents, decorative brackets, and composition roof materials. Eight separate color schemes are proposed for the new homes. • Front Elevations: — EE1 Lti «kw _ L „uL KM v��rzs - r�c�E) FIF 6F — 77��yy - TOP i1NNT� ,V» &x oa • 74 ITEM NUMBER: B-2 DATE: 03/09/04 The applicant has included a color and material sample board for each house plan. Refer to Exhibit F for details. • B. Landscape Design: The preliminary landscape plan has been designed with street trees, front yard landscaping, and special driveway paving. All front and street-facing side yards shall be landscaped by the developer (Coromar CUP Condition 9). Back yards will be landscaped by the individual property owners. In addition, a landscape buffer is included along the Caltrans right-of-way along the project frontage. Landscape maintenance will be the responsibility of the individual property owner and homeowners association. All trash storage, recycle storage, and air conditioning units will be screened from view behind fenced or landscaped enclosures (Coromar CUP Condition 9). Site Plan, Circulation Parking: � may.. ,.���. `"1' ✓. a�'1: t �" }}. F," q i 'M 4 P v .ffi.-...'.'T0-1 AN .. �.'� css . The project will include street frontage improvements along Portola and Coromar Road. Each lot contains minimum four (4) parking spaces, which is consistent with the code- required parking spaces. Additional guest parking can be accommodated along the proposed access road and Coromar or Portola Road frontage. • 75 ITEM NUMBER: B -2 DATE: 03/09/04 The proposed street is designed to extend to the north to connect with future residential . development with abandonment of the cul-de-sac configuration. A condition of approval has been included to deed notice each lot of this future extension (Coromar CUP Condition TTM 71). Site Drainage: The site slopes 5% to the north. Drainage has been designed to flow into an on-site shallow drainage detention basin. The basin shall be landscaped by the applicant and maintained by either the lot owner, homeowner's association, or similar mechanism, as approve by the City Engineer (Coromar CUP Condition 39, and Coromar TTM Condition 34 and 39). Wastewater: The project will connect to existing sanitary sewer line within Colima Road and Portola Road. Tree Protection: Four native trees will be removed from the project site and twelve trees may be impacted due to project construction. Mitigation measures have been incorporated into the project to reduce impact to native trees to a less than significant level. (Coromar Mitigation Measures 4.e.2) Also refer to tree protection exhibit and table below. J� xr �44 11 4 WYi.MwICPA 1 �� d +SVn�KpFMYM.�'pwY n �� "� !y €' pp F ^tea � ,• we 4 +� � Qri y'� PNgM. MMYNwY b�.k� Iiftl� "�*.. L�#��. � �f �� � �Eae uw►pnRO-M.YwMe.w ty E ii �a 4 ^:: i�,h ►r..*+s#xeri 4 Ire VN 'e a T Y aur ..� 1� ����'�� �_ +lf.� ��}..,,_•-,•,_—•' ���� �� '�INplli 71N0►1U��l11' LC1wtw',stt "•`�-6 tp{1•M 0� 76 ITEM NUMBER: B-2 DATE: 03/09/04 • Evergreen Native Trees (inches) Deciduous Native Trees (inches) Totals dbh notes dbh notes 1 23-inches 10 1 2 40-inches 10 2 3 6-inches 10 3 4 9-inches 10 4 5 5 6 6 Total 78-Inches Total 0-inches 78-inches Mitigation Requirement Tree Fund Payment: $ 650.00 Tree Fund Payment: $ $ 650.00 Proiect 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. Due to the site's single-family neighborhood character and relatively small subdivision, common recreational facilities are not proposed. However, the project is a component of the Pine Mountain TDR project that will transfer the 28.87-acre Pine Mountain site to the City of Atascadero for public open space use. The table below summarizes the City Council Planned Development Benefits Policy with underlined items applying to the S proposed planned development. i ocanden e i '„ � � ... der 1 �Tt Buns i#'s :z rte, .� ���` Inside of Urban Core a) Affordable/Workforce a) Pocket Parks in larger projects Housing PD-7 b) Trails/Walkways for Pedestrian PD-17 b) High Quality Architectural Connectivity Custom PD's Design c) Historic Preservation 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 Outside of Urban Core a) Natural Open Space a) Multi-Purpose Trails— Rural/Suburban Preservation Equestrian/Bicycle/ Areas Pedestrian PD-16 b) Recreational Areas/Facilities Custom PD's c) Historic Preservation • 77 ITEM NUMBER: B-2 DATE: 03/09/04 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 or an in-lieu fee to be collected. This interim program requires the project applicant to designate 20% of the housing units (for projects over 10 units) at the moderate rate for a period of 30 years. The applicant has identified three (3) homes to be designated affordable units at the moderate-income level. A condition of approval has been included to this effect (Coromar CUP Condition 11 and Coromar TTM Condition 8). According to the San Luis Obispo County Department of Planning & Building, a 3-bedroom moderate level affordable unit only qualifies if the sales price does not exceed $ 294,697 or the rent does not exceed $ 1,232 per month with a 30-year deed restriction commitment. These numbers are subject to change. Vesting Tentative Tract Map: A 17-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 and access of any . common areas, the drainage detention basin, and Caltrans R-O-W landscaping (Coromar TTM Condition 34 and 39). Master Plan of Development (Conditional Use Permit): As previously mentioned, a Master Plan of Development is required for the PD-17, to be approved through the Conditional Use Permit process. The City Council must make the following five findings 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 is consistent with the single-family residential designation of the Plan and General Plan Land Use Element Policy 1.1, 6.1, 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. 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 78 ITEM NUMBER: B -2 DATE: 03/09/04 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 of the immediate neighborhood or contrary to its orderly development. Staff Comment: The project has been designed to be consistent with the existing neighborhood character by providing smaller lots in a neighborhood site that transitions to commercially designated property immediately to the south along Portola Road and is adjacent to U.S. Highway 101 to the east. The Exhibit below illustrates this land use transition. Project Site f The proposed 16 single-family lots, in addition to the existing Johnson residence, on 3.03 acres is consistent with the City's "Smart Growth Principles", identified as orderly and efficient infill development increasing in density as distance increases to the urban core. The project site is within the City's urban core boundary. The proposed General Plan designation allows lot sizes up to 4.0 du/acre through a planned development overlay, as proposed. 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 79 ITEM NUMBER: B-2 DATE: 03/09/04 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 residential project and use is consistent with the traffic projections and road improvements and is less intensive than commercial use originally 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 proposed General Plan designation allows lot sizes up to 4.0 du/acre through a planned development overlay, as proposed. The proposed 16 single-family lots, in addition to the existing Johnson residence is consistent with the City's General Plan Land Use and Housing. 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. B. Colima Road Existing Setting: North: Residential South:Residential East: Residential West: Residential { f e • 80 ITEM NUMBER: B-2 DATE: 03/09/04 The General Plan and Zoning Ordinance identifies properties to the north and east as single-family-residential with 1.0-acre lot minimum lot size. Properties to the south and • west are identified as 2.5-acre minimum lot size. The project site single-family residential zoning is consistent with the General Plan. The proposed land use and zone change would allow the project site to subdivide intol.0-acre lots. However, the project site contains one lot that is currently less than one acre and would remain so under the proposed project. A Planned Development Overlay zone will be established over the project site, in part to acknowledge the preexisting smaller lot size. Design and Appearance: Not required Landscape Design: Not required. No native trees will be removed by the proposed project. Site Plan, Circulation, Parking: tEOM - !. \ ` \7 '\ 1 1 1-1TT'/ - r- - I .� •� SITE 171 Herr ma ,.,����1�yl, ! IAI't /7� MONTY MAP J1� ' ` I; OWNER A(�iEACE _.. ., nJ 'A'r a _ 1 APN _ / 11/j1- OWNER'S STATEMENT \`''c__•-'�-.1_a+1 I 1 I t \ t 1 ��� ♦ \ I `\ \ \ \ \ I UA soar ecus 'a `� `1 \; Ar� \,\`\t \\ ; 1 IFS\�+� \ \ `\\ t` �'{\\ '.,ma„`.�.••7"�r..-"�� 2. The project site contains approximately 40 feet of street frontage and will not require improvements to Colima Road. However, the project will provide an on-site access • 81 ITEM NUMBER: B-2 DATE: 03/09/04 road to serve the proposed lots. Future building permits will incorporate standard code- required parking and circulation requirements. Site Drainage: The site slopes 10% to the southwest. Colima Drainage CUP Conditions 30 - 37, have been incorporated into the proposed project as the grading and drainage plan does not identify detailed drainage improvements. Wastewater: Sanitary sewer will be installed within Colima Road fronting the project site and extending north of the project site as identified in Colima Road TTM Exhibit C. Sanitary sewer will be provided on-site to each of the five lots and will also extend via an easement to existing sewer line within the Rosita Court cul-de-sac. Tree Protection: No native trees will be removed or significantly impacted on the project site. However, the proposed roadway may require realignment to satisfy sight distance criteria along Colima Road. A condition of approval has been included in the event of any encroachment under the canopy of the one native oak tree, requiring an arborist report with preservation recommendations to be completed prior to building permit issuance (Colima TTM Condition 2). Project Benefits: None required. Affordable Housing: The project will provide affordable housing in-lieu fees for the three new lots proposed. Tentative Tract Map: A five-lot tract map is proposed as part of the project consistent with the proposed Planned Development #21. The tract map has been conditioned by staff and the City Engineer to meet all City standards including street frontage and sight distance improvements (Colima TTM Condition 38). 82 ITEM NUMBER: B-2 DATE: 03/09/04 • C. Ferrocaril Road-De Anza Estates Existing Setting: North: Vacant South:Residential East: Residential, Salinas River West: Residential, Union Pacific Railroad F Project Site Project Site Project Site Project Site M- • The General Plan and Zoning Ordinance identifies properties to the north and south as single-family residential with a 1.0-acre lot minimum. Properties to the east are Suburban Estate with a 2.5-acre minimum lot size and properties to the west are General Commercial. The project site is zoned as single-family residential zoning with an approved Master Plan of Development (CUP 2002-0067), which requires an amendment, as analyzed within this report. Applicable conditions of approval from the previously approved Ferrocaril De Anza Estates Planned Development #16 project shall be incorporated into the proposed project (Ferrocaril CUP Condition 9 and TTM 3). .` 83 ITEM NUMBER: B-2 DATE: 03/09/04 The originally approved PD-16 includes a Master Plan of Development, which • incorporates site development standards and appearance review including a Mediterranean architectural design theme and street tree planting. The approved Master Plan of Development requires amendment to reflect the subdivision of 5 previously approved lots into 10 total lots and a restriction of second units on all lots (Ferrocaril CUP 14 and TTM Condition 8). t , t AW 1t s T . r' �r Design and Appearance: The proposed project meets the requirements of the Atascadero Municipal Code and the appearance review requirements of the General Plan. Architecture, Materials Color: Although Individual building plans and elevations are not required, the original PD-16 includes Spanish Mediterranean architectural building elevation example for future development. The applicant has included additional conceptual building elevations from which staff has identified architectural details, colors and materials that are considered to be consistent with the Spanish Mediterranean architectural theme approved with the original PD overlay. Architectural Features Consistent with PD-16 for future development: 84 • I Lima I PF 14 Luis • N. • � n ARM-' -SO I WIN �. 'iii� *•``yam w��a�`� Nil- amAP o u..... Irk, sire.. �,� ,...-�!! ► �; � ' : " ��•�1y� yam, A+ ITEM NUMBER: B-2 DATE: 03/09/04 Each lot will require a private sanitary septic system. • Tree Protection: One native tree will be removed from the project site and four trees may be impacted due to project construction. Mitigation measures have been incorporated into the project to reduce impact to native trees to a less than significant level. (Ferrocaril Mitigation Measures 4.e.2) Also refer to tree protection exhibit and table below. Evergreen Native Trees(inches) Deciduous Native Trees(inches) Totals dbh notes dbh notes 1 12-inches 10 1 2 2 3 3 4 4 5 5 6 6 Total 12-inches Total 0-inches 12-inches Mitigation Requirement • Tree Fund Payment: $ 100.00 Tree Fund Payment: $ $ 100.00 Project Benefits: One of the required findings for approval of a planned development 16 rezone is that . the project offers public benefit to compensate for the requested modification. As an amendment to a pre-existing Master Plan of Development, the project does not 86 ITEM NUMBER: B -2 DATE: 03/09/04 significantly change the previously approved site improvements plan. However, the project is a component of the Pine Mountain TDR project that will: 1) transfer the 28.87- • acre Pine Mountain site to the City of Atascadero for public open space use; and 2) the project will provide affordable housing in-lieu fees for the five lots. Affordable Housing: In-lieu fees required for the 5 new lots proposed. Tentative Tract Map: The original De Anza Estates project included fifteen (15) SFR lots. The proposed addition of five (5) SFR units (all of which are transferred units from Pine Mountain) requires that a new map be processed which will result in a total of 20-lots for the De Anza Estates project. A 10-lot tract map is proposed and has been conditioned to meet all City standards and to be consistent with previously approved Ferrocaril De Anza Estates Tentative Tract Map 2002-0014 applicable conditions of approval (Ferrocaril CUP Condition 9 and TTM Condition 3). D. Pine Mountain _Existing Setting: North: Residential • South:Residential East: Residential West: Residential Project Site 87 ITEM NUMBER: B-2 DATE: 03/09/04 • The General Plan and Zoning Ordinance identifies properties to the north, south and west as single-family residential. Stadium Park is also to the west. Properties to the east are Open Space and residential. Appearance Review: Not required. Site Plan, Circulation Parking: Not required. Site Drainage: No grading or drainage improvements are required. • Wastewater: Not required. Tree Protection: No native trees will be removed from the project site. Affordable Housing: Not required. Tentative Tract Map: No map is required. General Plan Consistency: Although the project requires land use amendments to the General Plan, the overall TDR project is consistent with many of the General Plan's goals including the following: 88 ITEM NUMBER: B-2 DATE: 03/09/04 Goal LOC 1. Protect and preserve the rural atmosphere of the community by assuring "elbowroom" for residents by means of maintenance of . large lot sizes which increase in proportion to distance beyond the Urban Core. Staff comment: The Pine Mountain site provides a backdrop to Downtown and is visually prominent throughout the community. The mountain contributes to the "rural atmosphere" and sense of "elbow room" that are important general plan community values. Permanently protecting 28 acres of the mountain is consistent with Goal LOC 1. Goal LOC 5. Preserve the contours of the hills. Buildings built on hillsides shall conform to the topography using the slope of the land as the basis for the design of the structure. Staff comment: Any development on Pine Mountain will impact its scenic quality. While careful development practices and design review can minimize these impacts, development will alter the natural quality of the mountain. Preservation of Pine Mountain for public open space use represents a valid approach to satisfying Goal LOC 5. Goal LOC 6. Preserve natural flora and fauna and protect scenic lands, sensitive natural areas, historic buildings and cultural resources. • Staff comment: Pine Mountain qualifies as a "scenic land" and in its current state supports native oak and gray pine habitats. As stated previously, the impacts to natural features can be minimized with careful development but not eliminated. Preservation of Pine Mountain as public open space represents a valid approach to satisfying Goal LOC 6. Goal LOC 7. Tree-covered hills shall be preserved to retain the distinctive scenic quality of the community. Staff comment: It is the native gray pines that lend Pine Mountain its name. Experience with hillside development thorough town indicates that even in the best site designs require tree removals to accommodate emergency access, slope stability and drainage control. Although it is not possible to calculate the tree removals that would be required to develop the site it should be assumed that trees would be both removed and impacted as a result of development. Preservation of Pine Mountain represents a valid approach to satisfying Goal LOC 7. Goal LOC 11. Provide an adequate supply of City park facilities to all Atascadero residents. 89 ITEM NUMBER: B-2 DATE: 03/09/04 The General Plan identifies City expansion of its system of parks, open spaces and trails to meet the growing recreational needs of the community. Acquisition of 28 acres of Pine Mountain provides additional public open space with high scenic quality next to Downtown. As part of the TDR process this land would be acquired by the City at no cost in exchange for development entitlements in other project locations identified in this report. The 28 acres is contiguous to Stadium Park and an existing open space parcel at the end of Cortez Avenue. The combination of these three parcels would create 70.4 acres of contiguous open space and recreational areas adjacent to Downtown. It appears that acquisition of Pine Mountain is consistent with Goal LOC 11. Goal SFN 3. Reduce the threat to life, structures and the environment caused by fire. The General Plan calls for the City to minimize fire threats to residents and structures within Atascadero. The most difficult areas to provide fire protection are steep wooded areas such as Pine Mountain. Due to the historic Colony Lot patterns, development entitlements were created 90 years ago in very high fire threat areas. The City has limited options to reduce these fire threats as new development . exercises these development rights. The TDR process for the proposed project represents a method in which the development can be relocated away from high-risk areas to low risk areas consistent with Goal SFN 3. Goal HOS 6: Improve housing opportunities and living conditions for people with low and moderate incomes and those with special needs. The General Plan's Housing Element and State Regional Housing Needs Allocation requires the City to actively plan for the construction of housing for low and moderate income families. Furthermore, one the City Council's 2003 strategic planning goals is the development of a Workforce Housing program. The proposed project includes three affordable units that would be built at the Corimar Avenue receiver site and in-lieu fees for the new lots proposed at Colima Road and Ferrocaril Road sites. It is unlikely that development on Pine Mountain would yield any affordable housing units due to the cost of developing the site and view premiums. The combination of three affordable housing units and in-lieu fees is consistent with Goal HOS 6. Proposed Environmental Determination: 0 90 ITEM NUMBER: B-2 DATE: 03/09/04 A Draft Mitigated Negative Declaration was circulated to public agencies and interested members of the public on January 12, 2004. The environmental analysis identified • concerns regarding potential impacts to aesthetics, air quality, biology, cultural resources, land use, water quality, noise, and traffic. Mitigation measures pertaining to these areas are included. A finding is recommended by the Planning Commission that this project would not have a significant effect on the environment based upon the implementation of the identified mitigation measures. In addition all applicable mitigation measures from the original Ferrocaril - De Anza Estates mitigated negative declaration 2002-0030 shall be incorporated into the proposed project (Ferrocaril CUP Condition 9 and TTM Condition 3). The Initial Study has evaluated the potential for this project to cause an adverse effect -- either individually or cumulatively -- on wildlife resources. There is no evidence the proposed project would have any potential for adverse effect on wildlife resources. Based on this finding, a Certificate of Fee Exemption will be submitted with the Notice of Determination after project approval, as required by Public Resources Code section 21089. The Certificate of Fee Exemption allows the project to be exempted from the review fee and environmental review by the California Department of Fish and Game. The Planning Commission is recommending the Council certify Proposed Mitigated Negative Declaration 2003-0069. Conclusion: Thep osed ro r • p p project is consistent with..the General Plan and Atascadero Municipal Code, as analyzed within this staff report. The applicant has proposed design modifications and agrees with all mitigation measures and conditions of approval. The Planning Commission recommends that the City Council can make all of the required findings for project approval. FISCAL IMPACT: The project would likely have a slight negative impact on City revenues. As a general rule, single-family dwellings require services that exceed the revenue generated by the proposed uses. In addition, the retention of Pine Mountain as additional undeveloped passive open space would likely have a slight negative impact on City revenues. ALTERNATIVES: 1. The City Council may make modifications to the project and/or conditions of approval for the project. 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 City Council should clearly state the type of information that is required and move to continue the item to a future date. 91 ITEM NUMBER: B-2 DATE: 03/09/04 • 3. The City Council deny the project. ATTACHMENTS: Attachment 1: Location Map, Zoning and General Plan (All project sites) Attachment 2 Resolution A - Proposed Mitigated Negative Declaration 2003-0069 Attachment 3: Resolution B - Proposed General Plan Amendment GPA 2003-0009 Attachment 4: Ordinance A - Proposed Zoning Map Change ZCH 2003-0073 Attachment 5: Resolution C - Proposed Development Agreement DAG 2004-0001 Attachment 6: Ordinance B - Proposed Zone Change ZCH 2003-0072 Attachment 7: Ordinance C Proposed Zone Change ZCH 2003-0074 Attachment 8: Resolution D - Proposed Master Plan of Development CUP 2003-0120 Attachment 9: Resolution E - Proposed Vesting Tentative Tract Map TTM 2003-0041 Attachment 10: Ordinance D - Proposed Zoning Text ZCH 2003-0076 Attachment 11: Ordinance E - Proposed Zoning Map Change ZCH 2003-0076 Attachment 12: Resolution F - Proposed Vesting Tentative Tract Map TTM 2003-0042 Attachment 13: Resolution G - Proposed Master Plan of Development CUP 2002-0067 Attachment 14: Resolution H - Proposed Vesting Tentative Tract Map TTM 2003-0045 • • 92 ITEM NUMBER: B -2 DATE: 03/09/04 ATTACHMENT 1: Location Map,General Plan&Zoning • Coromar Avenue Site Project Site ,r ff r Existing: General Plan Land Use General Plan Diagram Change GC APN: 056-111-023, 025, Zoning District 027 CT, CR Proposed General Plan: SFR-X Proposed Zone: RSF-X/PD- 17 • 93 ITEM NUMBER: B-2 DATE: 03/09/04 • ATTACHMENT 1: Location Map,General Plan&Zoning Colima Road Site Project `? Site ;E . r `. t Existing General Plan Land Use � _ � General Plan ! Diagram Change SE APN: 049-163-013, 015 X " nu - Zoning District RS Proposed General Plan: ., SFR-Y Proposed Zone: RSF-Y/PD- 21 94 ITEM NUMBER: B-2 DATE: 03/09/04 ATTACHMENT 1: Location Map,General Plan&Zoning Ferrocaril Road-De Anza Estates Site ---------------------- � Z Project :w Site r > E r Existing � �, s � � �� General Map Land Usegg General Plan 's ` r Diagram Change e SE APN: 049-011-004 Portion Zoning District14 RS - Proposed General Plan: SFR-Y Proposed Zone: RSF- Y/PD-16 95 ITEM NUMBER: B-2 DATE: 03/09/04 ATTACHMENT 1: Location Map,General Plan &Zoning Pine Mountain Site 3 � 10 x gqq�i f l 4 jfj (l ,w }r r r r s' Proje r Site r t r .... '..,. iii .. �i J 5 x-`_ ...,. ` L �� a Vt £ 1 ! r----- 2 .. q 1 „ Official Zoning Mapes g General Plan Changew;� RR APN: 028-231-003 - l Zoning District . d RR Proposed General Plan: Proposed Zone: OS 96 ITEM NUMBER: B-2 DATE: 03/09/04 • ATTACHMENT 2: Draft Resolution A Draft Mitigated Negative Declaration 2003-0069 Pine Mountain TDR Project Sites DRAFT RESOLUTION A A RESOLUTION OF THE CITY COUNCIL CERTIFYING MITIGATED NEGATIVE DECLARATION 2003-0069 PREPARED FOR GENERAL PLAN AMENDMENT 2003-0009; ZONE CHANGE 2003- 0073; DEVELOPMENT AGREEMENT 2004-0001; ZONE CHANGE 2003-0072; ZONE CHANGE 2003-0074; CONDITIONAL USE PERMIT 2003-0120; TENTATIVE TRACT MAP 2003-0041; ZONE CHANGE 2003-0076; TENATIVE TRACT MAP 2003-0042; CONDITIONAL USE PERMIT 2002-0067 AMENDMENT; AND TENTATIVE TRACT MAP 2003-0045 (Pine Mountain TDR/ Gearhart, Molina,Johnson) WHEREAS, the following applications have been received: • 8825, 8955 Coromar Avenue (APN 056-111-027 056-111-023): General Plan Amendment from GC (General Commercial) to SFR-X (Single-Family Residential — X). Zone Change from CR (Commercial Retail) & CT (Commercial Tourist) to RSF-X (Residential Single Family-X) zone with Planned Development Overlay No. 17/Conditional Use Permit corresponding to the general plan amendment. Planned Development Overlay Zone No. 17 and corresponding Vesting Tentative Tract Map. Applicant: Kelly Gearhart (6205 Alcantara Avenue, Atascadero, CA 93422) and William Johnson (8955 Coromar Avenue, Atascadero, CA 93422); 3680, 3700 Colima Road (049-163-013, 49-163-015): General Plan Amendment from SE (Suburban Estate) to SFR-Y (Single Family Residential Y). Zone Change from RD (Residential Suburban) to RSF-Y (Residential Single Family). A new Planned Development Overlay No. 21 to allow one lot to be less than one acre and to restrict all lots from adding second dwelling units. A Vesting Tentative Tract Map corresponding to the proposed 5 residential lots and site improvements. Applicant: Kelly Gearhart (6205 Alcantara Avenue, Atascadero, CA 93422); Ferrocaril Road - De Anza Estates (APN 049-011-004): General Plan Amendment from SE (Suburban Estate) to RSF-Y (Residential Single-Family— Y). Zone Change from RS (Residential Suburban) to RSF-Y (Residential Single Family-Y). An amendment to an • existing Master Plan of Development to reflect the additional lots and to restrict all 20 lots from adding second dwelling units. A Vesting Tentative Tract.Map corresponding to the new proposed lots. 98 ITEM NUMBER: B-2 DATE: 03/09/04 Applicant: Kelly Gearhart (6205 Alcantara Avenue, Atascadero, CA 93422); . Pine Mountain (APN 028-231-003): General Plan Amendment from SE (Suburban Estate) to OS (Open Space). The eight (8) development units will be transferred from the Pine Mountain property leaving no development credits on the property. Applicant: Kelly Gearhart (6205 Alcantara Avenue, Atascadero, CA 93422). Applicant: George Molina(5000 Marchant Avenue, Atascadero, CA 93422); and WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2003- 0069 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 Tuesday, February 17, 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 Tuesday, March 9, 2004 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 2003-0069 based on the following Findings as shown on Exhibit A: I 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. 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. • 99 ITEM NUMBER: B -2 DATE: 03/09/04 On motion by Council Member and seconded by Council Member the foregoing Resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: George Luna, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Roy A. Hanley, City 100 ITEM NUMBER: B -2 DATE: 03/09/04 ATTACHMENT 3: Draft Resolution B i General Plan Amendment 2003-0009 Pine Mountain TDR Project Sites DRAFT RESOLUTION B A RESOLUTION OF THE ATASCADERO CITY COUNCIL APPROVING GENERAL PLAN AMENDMENT 2003-0009, AMENDING THE GENERAL PLAN LAND USE DIAGRAM DESIGNATION OF APN 056-111-0279 056-111-025 AND 056-111-023 FROM GC TO SFR-X; OF APN 049-163-013 AND APN 49-163-015 FROM SE TO SFR-X; OF APN 049-011-004 FROM SE to SFR-Y; AND OF APN 028-231-003 FROM SE TO OS (Pine Mountain TDR/ Gearhart, Molina, Johnson) WHEREAS, the following applications have been received: 8825, 8955 Coromar Avenue (APN 056-111-027 056-111-025 056-111-023): General Plan Amendment from GC (General Commercial) to SFR-X (Single-Family Residential — . X). Applicant: Kelly Gearhart (6205 Alcantara Avenue, Atascadero, CA 93422) and William Johnson (8955 Coromar Avenue, Atascadero, CA 93422); 3680, 3700 Colima Road (049-163-013 49-163-015): General Plan Amendment from SE (Suburban Estate)to SFR-Y (Single Family Residential— Y). Applicant: Kelly Gearhart (6205 Alcantara Avenue, Atascadero, CA 93422); Ferrocaril Road De Anza Estates (049-011-004): General Plan Amendment from SE (Suburban Estate) to SFR-Y (Single Family Residential Y). Applicant: Kelly Gearhart (6205 Alcantara Avenue, Atascadero, CA 93422); Pine Mountain (APN 028-231-003): General Plan Amendment from SE (Suburban Estate) to OS (Open Space). Applicant: George Molina(5000 Marchant Avenue, Atascadero, CA 93422); 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 General Plan Amendment 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 general plan amendment; and, 101 ITEM NUMBER: B-2 DATE: 03/09/04 • WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on Tuesday,February 17, 2004, studied and considered General Plan Amendment 2003-0009, 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 Tuesday, March 9, 2004, studied and considered General Plan Amendment 2003-0009,after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, NOW, THEREFORE, the City Council hereby resolves to take the following actions: SECTION 1. Findings for Approval of a General Plan Amendment to the Land Use Diagram of Atascadero as follows: 8825, 8955 Coromar Avenue (APN 056-111-027 156-111-025 056-111-023): General Plan Amendment from GC (General Commercial) to SFR-X (Single-Family Residential—X); 3680, 3700 Colima Road (049-163-013 49-163-015): General Plan Amendment from SE(Suburban Estate)to SFR-Y(Single-Family Residential—Y); Ferrocaril Road - De Anza Estates (049-011-004)• General Plan Amendment from SE (Suburban Estate) to SFR-Y(Single-Family Residential—Y); Pine Mountain (APN 028-231-003): General Plan Amendment from SE (Suburban Estate)to OS (Open Space); and, The City Council finds as follows: 1. The proposed amendment is in the public interest. 2. The proposed amendment is in conformance with the adopted General Plan Goals, Policies, and Programs and the overall intent of the General Plan. 3. The proposed amendment is compatible with existing development, neighborhoods and the environment. 4. The proposed amendment will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts. 5. The proposed amendment is consistent with adopted General Plan EIR and mitigation monitoring program. • 102 ITEM NUMBER: B-2 DATE: 03/09/04 6. The proposed amendment is in the best interest of the City to enact this amendment to • the General Plan Land Use Diagram to protect the health, safety and welfare of its citizens and is compatible with existing and proposed development; and, SECTION 2. Approval The Atascadero City Council, in a regular session assembled on March 9, 2004, hereby resolves to introduce for first reading an ordinance that would re-designate the subject sites consistent with the following: 1. Exhibit A: General Plan Land Use Diagram Amendment On motion by Council Member and seconded by Council Member the foregoing Resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: George Luna, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Roy A. Hanley, City Attorney • 103 ITEM NUMBER: B-2 DATE: 03/09/04 • Exhibit A: General Plan Amendment 2004-0009 General Plan Land Use Diagram Amendment Coromar Avenue Site �f Project Site f General Plan Land Use Diagram Amendment APN: 056-111-023, 025, 027 Existing Designation: GC Amended Designation: SFR-X 104 ITEM NUMBER: B-2 DATE: 03/09/04 Exhibit A: General Plan Amendment 20040009 General Plan Land Use Diagram Amendment Colima Road Site ,y Project M Site y �1 7 ' T General Plan Land Use � . uM' AIR Diagram Amendment ' a APN: 049-163-013, 015 r A' P � Existing Designation: SEa Oil a Amended Designation: SFR-Y _ ti• .. ,. • 105 ITEM NUMBER: B-2 DATE: 03/09/04 • Exhibit A: General Plan Amendment 2004-0009 General Plan Land Use Diagram Amendment Ferrocaril Road-De Anza Estates Sitepq '� �� 'y „ -2Wl� IS � t Project h Site � ^,w a r � �9w A 7 ” q E $. Rif'. � NE � s Ng ktN t r � General Plan Land Use � Diagram Amendment xN APN: 049-011-004 Portion ig ` t Existing Designation: SE d Designation: SFR -Y _y • 106 ITEM NUMBER: B-2 DATE: 03/09/04 Exhibit A: General Plan Amendment • 20040009 General Plan Land Use Diagram Amendment Pine Mountain Site l r r A ` I C e p } "Al 5 E C3 f- IFF ProjectUIR I .,. to r `?z � VI JO i `v f a - R { v qIR ✓�• S E rj Ap t y P ( w^ General Plan Land Use `��� /�XOT Dia ram Amendment '/I g f �-UPH APN: 028-231-003ft 2 ,9 ,hr ' Existing Designation: RR Amended Designation: OS `, • 107 City Council Ordinance A March 9,2004 ITEM NUMBER: B -2 • Page 1 of 5 DATE: 03/09/04. Attachment 4: Ordinance A Zone Change 2003-0073 TDR Sites DRAFT ORDINANCE A A ORDINANCE OF THE ATASCADERO CITY COUNCIL APPROVING ZONE CHANGE 2003-0073 THEREBY AMENDING THE ZONING MAP DISTRICT OF: APN 056-111-0279 056-111-025 CR (COMMERCIAL RETAIL AND COMMERCIAL TOURIST TO RSF-X (RESIDENTIAL SINGLE FAMILY - X); APN 049-163-013 AND APN 49-163-015 FROM RS TO RSF-Y; APN 049-011-004 RS (RESIDENTIAL SUBURBAN) TO RSF-Y (RESIDENTIAL SINGLE FAMILY - Y); APN 049-011-004 RS (RESIDENTIAL SUBURBAN TO RSF-Y (RESIDENTIAL SINGLE FAMILY-Y); AND APN 028-231-003 RR TO OS (OPEN SPACE). (Pine Mountain TDR/Gearhart, Molina) • WHEREAS, the following applications have been received: 8825, 8955 Coromar Avenue (APN 056-111-027 056-111-023): Zone Change amendment to the Atascadero Official Zoning Map from CR (Commercial Retail) & CT (Commercial Tourist) to RSF-X (Residential Single Family)zone. Applicant: Kelly Gearhart (6205 Alcantara Avenue, Atascadero, CA 93422) and William Johnson (8955 Coromar Avenue, Atascadero, CA 93422); 3680, 3700 Colima Road (049-163-013 49-163-015): Zone Change amendment to the Atascadero Official Zoning Map from RS (Residential Suburban) to RSF-Y (Residential Single Family-Y). Applicant: Kelly Gearhart (6205 Alcantara Avenue, Atascadero, CA 93422); Ferrocaril Road De Anza Estates (049-011-004): Zone Change amendment to the Atascadero Official Zoning Map from RS (Residential Suburban) to RSF-Y (Residential Dingle Family-Y). Applicant: Kelly Gearhart (6205 Alcantara Avenue, Atascadero, CA 93422); • 108 City Council Ordinance A March 9,2004 ITEM NUMBER: B-2 Page 2 of 5 DATE: 03/09/04 • Pine Mountain (APN 028-231-003): Zone Change amendment to the Atascadero Official Zoning Map from RR (Rural Residential)to OS (Open Space). Applicant: George Molina(5000 Marchant Avenue, Atascadero, CA 93422); and WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2003-0069 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 City Council has determined that it is in the best interest of the City to enact this amendment to the Zoning Map to protect the health,safety and welfare of its citizens by applying orderly development and expanding housing opportunities within the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act(CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the City Council of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said zoning amendments; and, NOW, THEREFORE, the City Council hereby resolves to take the following g SECTION 1. Findings for Approval of a Zone Change. The City Council finds as follows: 1. The proposed amendment is in the public interest. 2. The proposed amendment is in conformance with the adopted General Plan Goals, Policies, and Programs and the overall intent of the General Plan. 3. The proposed amendment is compatible with existing development, neighborhoods and the environment. 4. The proposed amendment will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts. 5. The proposed amendment is consistent with adopted General Plan EIR and mitigation monitoring program. SECTION 2.Approval. The Atascadero City Council,in a regular session assembled on March 9, 2004, hereby resolves to introduce for first reading an ordinance that • would rezone the subject site consistent with the following: 109 City Council Ordinance A March 9,2004 ITEM NUMBER: B-2 • Page 3 of 5 DATE: 03/09/04 1. Exhibit A: Official Zoning Map Change SECTION 3. Effective Date. This ordinance shall be effective a 12:01 a.m. on the 31"day after its final passage. On motion by Council Member and seconded by Council Member the foregoing Resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: • ADOPTED: CITY OF ATASCADERO By: George Luna, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Roy A. Hanley, City Attorney • 110 City Council Ordinance A March 9,2004 ITEM NUMBER: B-2 Page 1 of 5 DATE: 03/09/04 Exhibit A: Zone Change 2003-0073 i Official Zoning Map Change Coromar Avenue Site Project Site Official Zoning Map Change: 056-111-027, 056-111-023 Existing Zones: CR, CT Amended Zone: RSF-X 111 City Council Ordinance A March 9,2004 ITEM NUMBER: B -2 Page 1 of 5 DATE: 03/09/04 • Exhibit A: Zone Change 2003-0073 Official Zoning Map Change Colima Road Site Project Site �i T 4 -M 3 Official Zoning Map Change: 049-163-013, 015 44Existing Zone: RS9 Amended Zone: RSF-Y . ° 112 City Council Ordinance A March 9,2004 ITEM NUMBER: B-2 Page 1 of 5 DATE: 03/09/04 Exhibit A: Zone Change 2003-0073 • Official Zoning Map Change Ferrocaril Road Site t Project . Site WE E , si r si Ld m' gw, TSL t 3idY M 1� Official Zoning Map Change: �� � 049-011-004 � AP � ExistingZone: RS/PD- � x v Is Amended Zone: RSF-Y/PD-16 R 113 City Council Ordinance A March 9,2004 ITEM NUMBER: B-2 DATE: 03/09/04 • Page 1 of 5 Exhibit A: Zone Change 2003-0073 Official Zoning Map Change Pine Mountain Road Site Y t -,� 1-= f ; l Wt 1� NJ Project tri "0� f ` Site ' z' /TlIN t i s • �£( ���� �" -r` ,� E �I � � t4✓"l"3$' off, m VROfficial Zoning Map Change: 028-231-003 �� � �.., t` 0" Existing Zone: RR $ s Amended Zone: OS % ; i 114 ITEM NUMBER: B -2 DATE: 03/09/04 ATTACHMENT 5: Draft Resolution C • Development Agreement 20040001 Pine Mountain TDR DRAFT RESOLUTION C A RESOLUTION OF THE ATASCADERO CITY COUNCIL APPROVING A DEVELOPMENT AGREEMENT 2004-0001 OR A SUBSTANTIALLY SIMILAR AGREEMENT (Development Agreement #2004-0001 /Gearhart, Molina) WHEREAS, the Atascadero City Council has previously approved a process for the evaluation and potential approval of development agreements; and WHEREAS, the applicant for the above referenced development agreement has followed the established procedures; and, WHEREAS, Planning Commission has reviewed the entire project and resolved to recommend approval to the City Council of the City of Atascadero; and, WHEREAS, in order for the project to proceed, a g development agreement must be P adopted by ordinance; and, WHEREAS, a development agreement in substantially the same format as reviewed by the City Council will ensure that the project proceeds in accordance with all laws of the State of California and all ordinances of the City of Atascadero, and provide certainty for the applicant in proceeding with the project; and, WHEREAS, the City Council has determined that it is in the best interest of the City to enact an ordinance to approve a development agreement in this case; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act(CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the City Council of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said development agreement; and, actions: NOW, THEREFORE, the City Council hereby resolves to take the following • 115 ITEM NUMBER: B-2 DATE: 03/09/04 . SECTION 1. Findings for Approval of the Development Agreement. The City Council finds as follows: 1. The proposed development agreement is in the public interest. 2. The proposed development agreement is in conformance with the adopted General Plan Goals, Policies, and Programs and the overall intent of the General Plan. 3. The proposed development agreement is compatible with existing development, neighborhoods and the environment. 4. The proposed development agreement will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts. 5. The proposed amendment is consistent with adopted General Plan EIR and mitigation monitoring program. SECTION 2.Approval. The Atascadero City Council, in a regular session assembled on March 9, 2004,hereby resolves to recommend that the City Council introduce • for first reading an ordinance that would approve a development agreement for the Pine Mountain Transfer of Development Credit program and related developments: 1. Exhibit A: Development Agreement 2004-0001 116 ITEM NUMBER: B-2 DATE: 03/09/04 On motion by Council Member and seconded by Council Member the foregoing Resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: George Luna, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Roy A. Hanley, City Attorney • 117 ITEM NUMBER: B-2 DATE: 03/09/04 ATTACHMENT 6e Draft Ordinance B Official Zoning Map Change 2003-0072 Coromar Avenue(Johnson)Site DRAFT ORDINANCE B A RESOLUTION OF THE ATASCADERO CITY COUNCIL APPROVING ZONE CHANGE 2003-0072 THEREBY AMENDING THE OFFICIAL ZONING MAP FOR APN 056-111-023 FROM CR (COMMERCIAL RETAIL) TO RSF-X (RESIDENTIAL SINGLE-FAMILY - X) (8955 Coromar/Johnson) WHEREAS, an application has been received from William Johnson (8955 Coromar Avenue, Atascadero, CA 93422); Applicant and Property Owner to consider a Zone Change changing the official zoning map designation from CR (Commercial Retail) to RSF- X (Residential Single Family-X); and WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2003-0069 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 has recommended that the site's General Plan designation be amended from GC (General Commercial) to SFR-X (Single-Family Residential—X); and, WHEREAS, the Planning Commission has recommended that the site be rezoned from CR (Commercial Retail)to RSF-X (Residential Single Family-X); and, WHEREAS, the site's new zone will be compatible with the existing General Plan SFR-X (Single Family Residential-X) land use designation; and, WHEREAS, the City Council has determined that it is in the best interest of the City to enact this amendment to the Zoning Map to protect the health, safety and welfare of its citizens by applying orderly development and expanding housing opportunities within the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act(CEQA) have been adhered to; and, . WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the City Council of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said zoning amendments; and, 118 ITEM NUMBER: B-2 DATE: 03/09/04 NOW, THEREFORE, the City Council hereby resolves to take the following actions: SECTION 1. Findings for Approval of a Zone Change. The City Council finds as follows: 1. The proposed amendment is in the public interest. 2. The proposed amendment is in conformance with the adopted General Plan Goals, Policies, and Programs and the overall intent of the General Plan. 3. The proposed amendment is compatible with existing development, neighborhoods and the environment. 4. The proposed amendment will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts. 5. The proposed amendment is consistent with adopted General Plan EIR and mitigation monitoring program. SECTION 2.Approval. The Atascadero City Council, in a regular session assembled on March 9, 2004, hereby resolves to recommend that the City Council introduce for first reading an ordinance that would rezone the subject site consistent with the following: 2. Exhibit A: Official Zoning Map Change SECTION 3.Effective Date. This ordinance shall be effective a 12:01 a.m. on the 31St day after its final passage. • 119 ITEM NUMBER: B -2 DATE: 03/09/04 is On motion by Council Member and seconded by Council Member the foregoing Resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: George Luna, Mayor ATTEST: Marcia McClure Tor gerson, C.M.C., City Clerk APPROVED AS TO FORM: Roy A. Hanley, City Attorney • 120 ITEM NUMBER: B-2 DATE: 03/09/04 EXHIBIT A: Draft Ordinance B • Official Zoning Map Change 2003-0072 Coromar Avenue(Johnson)Site 4 f/ f f Project Site Official Zoning Map Change: 056-111-023 Existing Zone: CR Amended Zone: RSF-X 121 ITEM NUMBER: B-2 DATE: 03/09/04 • ATTACHMENT 7: Draft Ordinance C Official Zoning Map Change 2003-0074(Planned Development Overlay#17) Coromar Avenue Site DRAFT ORDINANCE C A ORDINANCE OF THE ATASCADERO CITY COUNCIL APPROVING ZONE CHANGE 2003-0074 THEREBY AMENDING THE ZONING MAP DISTRICT OF APN 056-111-0279 056-111-025 RSF-X (RESIDENTIAL SINGLE-FAMILY-X ) TO RSF-X/PD-17 (RESIDENTIAL SINGLE-FAMILY-X WITH PLANNED DEVELOPMENT OVERLAY #17) (8955 Coromar Avenue/Gearhart) WHEREAS, an application has been received from Kelly Gearhart (6205 Alcantara Avenue, 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-X with Planned Development Overlay #17) with the adoption of a Master Plan of Development, and a 16-lot residential Tentative Parcel Map on APN 056- 111-027 and APN 056-111-025, and, WHEREAS, the Planning Commission has recommended that the site's General Plan designation be amended from GC (General Commercial) to SFR-X (Single-Family Residential—X); and, WHEREAS, the Planning Commission has recommended that the site be rezoned from CR (Commercial Retail)to RSF-X (Residential Single Family-X); and, WHEREAS, General Plan SFR-X land use designation allows for the creation of single-family planned development projects with a maximum density of four units per acre on lots less than 0.5 acres net, and Zoning Ordinance Article 28 allows Planned Development Overlay zones to be established to promote orderly and harmonious development and to enhance the opportunity to best utilize special site characteristics; and, WHEREAS, the City Council has determined that it is in the best interest of the City to enact this amendment to the Official Zoning Map to protect the health, safety and welfare of its citizens by applying orderly development of the City; and, WHEREAS, 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, • 122 ITEM NUMBER: B-2 DATE: 03/09/04 WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone • Change application was held by the City Council of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendments; and, NOW,THEREFORE, the City Council takes the following actions: SECTION 1. Findings for Approval of a Zone Change to the Official Zoning Map of Atascadero Applying a PD-17 Planned Development Overlay District to the site. 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.Recommendation of Approval. The City Council of the City of Atascadero, in a regular session assembled on March 9, 2004, resolves introduce for first reading an ordinance that would rezone the subject site consistent with the following: 1. Exhibit A: Zone Change Map SECTION 3.Effective Date. This ordinance shall be effective a 12:01 a.m. on the 31s' day after its final passage. 123 ITEM NUMBER: B -2 DATE: 03/09/04 • On motion by Council Member and seconded by Council Member the foregoing Resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: George Luna, Mayor ATTEST: • Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Roy A. Hanley, City Attorney • 124 ITEM NUMBER: B-2 DATE: 03/09/04 EXHIBIT A: Draft Ordinance C • Official Zoning Map Change 2003-0074(Planned Development Overlay#17) Coromar Avenue Site Project Site j .-r ti Official Zone Change Map APN: 056-111-025, 027 Existing Zones: RSF-X Amended Zones: RSF-X/PD-17 • 125 ITEM NUMBER: B-2 DATE: 03/09/04 • ATTACHMENTS: Draft Resolution D Conditional Use Permit 2003-0120(Master Plan of Development) Coromar Avenue Site DRAFT RESOLUTION D A RESOLUTION ATASCADERO CITY COUNCIL APPROVING CONDITIONAL USE PERMIT 2003-0120,ADOPTING A MASTER PLAN OF DEVELOPMENT FOR APN 056-111-023 (8955 Coromar Avenue/Gearhart) WHEREAS, an application has been received from Kelly Gearhart (6205 Alcantara Avenue, Atascadero, CA 93422), Applicant and Property Owner to consider a project consisting of a zone change from RSF-X (Residential Single Family-X) to RSF-X / PD-17 (Residential Single-Family-X with Planned Development Overlay #17) with the adoption of a Master Plan of Development, and a 16-lot residential Tentative Tract Map on APN 056- 111-023 and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2003-0069 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 has recommended that the site's General Plan designation be amended from GC (General Commercial)to SFR-X (Single-Family Residential—X); and, WHEREAS, the Planning Commission has recommended that the site be rezoned from CR (Commercial Retail) to RSF-X (Residential Single Family-X); and, WHEREAS, the Planning Commission has recommended that a site be rezoned to include a PD-17 overlay district which requires the adoption of a Master Plan of Development; and, WHEREAS, General Plan SFR-X land use designation allows for the creation of single-family planned development projects with a maximum density of four units per acre on lots less than 0.5 acres net, and Zoning Ordinance Article 28 allows Planned Development Overlay zones to be established to promote orderly and harmonious development and to enhance the opportunity to best utilize special site characteristics; and, WHEREAS, the City Council has determined that it is in the best interest of the City to enact this amendment to the Zoning Map to protect the health, safety and welfare of its citizens by applying orderly development and expanding housing opportunities within the . City; and, 126 ITEM NUMBER: B-2 DATE: 03/09/04 WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act(CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the City Council of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said zoning amendments; and, NOW, THEREFORE,the City Council takes the following actions: SECTION 1.Findings for Approval of Master Plan of Development. 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. Findings for Approval of Tree Removal Permit. The City Council finds as follows: The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: ■ Early consultation with the City; ■ Consideration of practical design alternatives; ■ Provision of cost comparisons (from applicant) for . practical design alternatives; 127 ITEM NUMBER: B-2 DATE: 03/09/04 ■ If saving tree eliminates all reasonable uses of the property; or ■ If saving the tree requires the removal of more desirable trees. SECTION 3.Recommendation of Approval. The City Council of the City of Atascadero, in a regular session assembled on March 9, 2004, resolves to approve the Master Plan of Development(CUP 2003-0120) subject to the following: 1. Exhibit A: Conditions of Approval/Mitigation Monitoring Program 2. Exhibit B: Site Plan 3. Exhibit C: Grading and Drainage Plan 4. Exhibit D: Utility Plan 5. Exhibit E: Landscape Plan 6. Exhibit F: Elevations and Floor Plan 7. Exhibit G: Color and Materials Board 8. Exhibit H: Arborist Report 9. Exhibit I: Tree Protection Plan 128 ITEM NUMBER: B-2 DATE: 03/09/04 • On motion by Council Member and seconded by Council Member the foregoing Resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: George Luna,Mayor ATTEST: • Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Roy A. Hanley, City Attorney 129 ITEM NUMBER: B -2 DATE: 03/09/04 • Exhibit A: Draft Resolution D Conditional Use Permit 2003-0120(Master Plan of Development) Conditions of Approval/Mitigation Monitoring Program Coromar Avenue Site Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL Business License BS:Building Services COROMAR AVENUE CUP GP:Grading Pernik FD:Fireoepartncent BP:Building Perri PD:Police Department Pine Mountain Transfer of Development Rights(GPA 2003- Fl:FinallnsWtion CE:CiyEngineer 00092CH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH TO:Temp arry0ccWapcy VWJ:Wastenter 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- F0:Final Occupancy CA Ciy Attomey 0042/CUP 2002-0067/TTM 2003-0045) 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain Planning Services 1. The approval of this zone change and use permit shall BP PS become final and effective following City Council • approval. 2. Approval of this Master Plan of Development shall be FM PS valid concurrently with the life of Tentative Tract Map 2003-0041 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. 3. Changes to the Master Plan of Development shall be On-going PS approved by the Planning Commission and do not require Council action. 4. The Community Development Department shall have BP/FM PS 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. 5. All subsequent Tentative Tract Map and construction BP/FM PS permits shall be consistent with the Master Plan of Development contained herein. • 6. All exterior elevations,finish materials and colors shall BP PS be consistent with the Master Plan of Development as shown in Exhibits B-I. Garage doors shall be of high- quality material and architectural design and consistent 130 ITEM NUMBER: B-2 DATE: 03/09/04 Conditions of Approval/ Timing Responsibility Mitigation . Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business License BS:Building Services COROMAR AVENUE CUP GP:Grading Permit PD:FireDepadment BP:Building Pemtil PD:Police Depadment Pine Mountain Transfer of Development Rights(GPA 2003- Fl:FiinalInspeattion CIE City Engineer 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH To:TemporaryOccupa:an`y WW:Wastewater 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- Po:Final occupancy ca cay attorney 0042/CUP 2002-0067/TTM 2003-0045) 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain with the home design. 7. All site development shall be consistent with the BP/FM PS maximum intensities described in the statistical project summary as shown on Exhibit B. 8. All site work,grading and site improvements shall be BP/FM PS consistent with the Master Plan of Development as shown in B E. 9. A final landscape and irrigation plan shall be approved BP PS prior to the issuance of building permits and included as part of site improvement plan consistent with Exhibit 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. All front and street-facing side yards shall be landscaped by the developer. All landscape maintenance shall be the responsibility of the individual property owner. All proposed tree locations,species,and sizes shall be as identified in Exhibit E. Add one street tree between lots 5 and 6,and 14 and 15. All trees shall be double staked. Applicant shall be responsible for processing and obtaining all permits required to landscape the Caltrans R-O-W frontage per Exhibit E. Drainage detention basin shall be landscaped by the developer and maintained by either the property owner, homeowner's association,or similar mechanism. Ribbon style driveways identified on Exhibit E shall incorporate decorative accent paving,subject to staff approval. 10. The design of all fencing shall be compatible with the BP PS overall project design,subject to staff approval 11. Affordable Housing Requirement: The applicant shall FM,BP PS,CE • set aside three housing units at the moderate category rate for a period of 30 years. 131 ITEM NUMBER: B-2 DATE: 03/09/04 • Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Sen es BL Busliess License BS:Building Services COROMAR AVENUE CUP GP:Grading NrrM FD:FireDepartmt BP:Building PenmA PD:Police DepaMient Pine Mountain Transfer of Development Rights(GPA 2003- Fl:RnallnspeaWn CE:City Engineer 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH TO:TenporagOccupancy WR Wastewater 2003-0076/CUP 2003-0120/TTM 2003-0041lTTM 2003- FO:Final Occupancy CA City Attorney 0042/CUP 2002-0067/TTM 2003-0045) 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain 12. Affordable Workforce Housing FM, BP PS,CE Prior to recordation of final map, the applicant shall enter into a legal agreement with the City to reserve 1/z 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. 13. All exterior material finishes(brick,stone,horizontal BP PS siding,materials,lighting,garage doors)shall be durable,high quality,and consistent with the architectural appearance of each home. A variety of garage doors shall be used,be of superior design quality,and painted to match the residence main body color. 14. Street terminus shall require the following,subject to BP,FM PS,CE staff approval: Deed notification to each property on the subject street that the street will be extended in the future to possible future residential development. • Temporary fire turn-around at street terminus,to be removed with future roadway extension. 132 ITEM NUMBER: B-2 DATE: 03/09/04 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business License BS:Building Services COROMAR AVENUE CUP GP:Grading Pernd FD:FreDepannent Pine Mountain Transfer of Development Rights(GPA 2003- BP: Fins ns P�� cePolice g ee`int 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH TO:Temporary Occupancy WWastevater 2003-0076/CUP 2003-0120/17M 2003-0041/TTM 2003- FO:Final Occupancy cin City Attorney 0042/CUP 2002-0067/TTM 2003-0045) 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain 15. Proposed sound wall along U.S.highway 101 shall be BP PS constructed of split face concrete block in a dark earthtone color,subject to staff approval. 16. Tree mitigation shall include payment by the applicant FM PS,CE of$650.00 into the City tree replacement fund. Building Services 17. A soils investigation prepared by a licensed BP FM Geotechnical Engineer is to be provided for the project. The report is to be provided at the time of building permit submittal along with the building plans for review by the Building Division. Recommendations contained in the report are to be incorporated into the project plans. Fire Marshal 18. Final street name selection shall be consistent with BP PS,BS the future street extension,subject to staff approval. 19. Provide a letter from the Atascadero Mutual Water BP BS Company stating the minimum expected water available to the site. Amount available must meet min. requirement specified in the California Fire Code. 20. Note approved address signage is to be provided. BP BS 21. Note on plans that fire lanes shall be delineated to BP BS restrict parking as required by the Fire Authority. City Engineer Standard Conditions Drainage: 22. In the event that the applicant bonds for the public FM CE improvements required as a condition of this map,the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 23. An engineer's estimate of probable cost shall be FM CE submitted for review and approval by the City Engineer to determine the amount of the bond. 24. The Subdivision Improvement Agreement shall record FM CE concurrently with the Final Map. 133 ITEM NUMBER: B-2 DATE: 03/09/04 Conditions of Approval/ riming Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL Business License BS:Building Services COROMAR AVENUE CUP GP:Gmding Permit FD:Fire Depannnt BP:Building Pemd PD:Police Departrnen t Pine Mountain Transfer of Development Rights(GPA 2003- Fl:Final Inspection CE:City Engineer 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-00742CH TO:TenWrary Occupancy WW:wastewater 2003-0076/CUP 2003-0120/TTM 2003-00415TM 2003- FO:Final Occupancy CA CityAtlomey 0042/CUP 2002-0067/TTM 2003-0045) 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain 25. The applicant shall enter into a Plan Check/inspection GP,BP CE agreement with the City. 26. A six (6) foot Public Utility Easement (PUE) shall be FM CE provided contiguous to the property frontage. 27. The applicant shall acquire title interest in any off-site FM CE 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. 28. Slope easements shall be obtained by the applicant GP,BP CE as needed to accommodate cut or fill slopes. 29. Drainage easements shall be obtained by the GP,BP CE applicant as needed to accommodate both public and private drainage facilities. 30. A preliminary subdivision guarantee shall be FM CE submitted for review in conjunction with the processing of the tract map. 31. The final map shall be signed by the City Engineer FM CE prior to the map being placed on the agenda for City Council acceptance. 32. Prior to recording the tract map, the applicant shall FM CE pay all outstanding plan check/inspection fees. 33. Prior to recording the map, the applicant shall bond FM CE for or complete all improvements required by these conditions of approval. 34. Prior to recording the tract map, the applicant shall FM CE bond for or 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. 35. Prior to recording the tract map, the applicant shall FM CE 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. 36. All existing and proposed utility, pipeline, open space, FM CE or other easements are to be shown on the final/parcel map. If there are building or other restrictions related to the easements, they shall be 134 ITEM NUMBER: B-2 DATE: 03/09/04 Conditions of Approval/ Timing Responsibility Mitigation • Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL Business License BS:Burding Services COROMAR AVENUE CUP GP:cradingPermit FD:ReDeWrnant Pine Mountain Transfer of Development Rights(GPA 2003- Fl: Building io CE,Ckyy� t 0009/ZCH 2003-0073/ZCH 2003-00722CH 2003-00742CH To:Temporary Occupancy '""':wastewater 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- FO:Final Occupancy cacayaromey 0042/CUP 2002-0067/TTM 2003-0045) 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain noted on the final/parcel map. The applicant shall show all access restrictions on the final/parcel map. 37. Prior to recording the tract map, the applicant shall FM CE 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 parcel map. 38. Prior to the issuance of building permits the applicant GP,BP CE shall submit plans and supporting calculations/reports including street improvements, underground utilities, composite utilities, and grading/drainage plans • prepared by a registered civil engineer for review and approval by the City Engineer. 39. The applicant must provide for the maintenance of on- FM CE site shared improvements.This includes roads, sidewalks,street trees,streetlights,drainage facilities, sewer,recreation areas,Caltran R-O-W frontage landscaping,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. Asssment 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. City Engineer Site Specific Conditions Drainage: GP BP CE 40. 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. 41. Provide for the detention of the 50 year developed GP, BP CE storm runoff, while metering out the 2 year undeveloped storm runoff. 135 ITEM NUMBER: B -2 DATE: 03/09/04 • Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business License BS:Building Services _ COROMAR AVENUE CUP GP:Grading Pernt FD:FnDepannnt BP:Building Permit PD:Police Department Pine Mountain Transfer of Development Rights(GPA 2003- Fd:Final Inspection CECiyFnglneer 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH TO:TernporMOccupancy WW:Wastewater 2003-0076/CUP 2003-0120n7M 2003-0041/TTM 2003- FO:Fined Occupancy CA oily Attomey 0042/CUP 2002-0067/17M 2003-0045) 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain 42. Drainage basins shall be designed to desilt, detain GP,BP CE and meter storm flows as well as release them to natural runoff locations. 43. The drainage basins shall be landscaped with native GP,BP CE plantings. 44. A mechanism for funding and maintenance of the GP,BP CE storm drain facilities shall be provided. 45. Show the method of dispersal at all pipe outlets. GP,BP CE Include specifications for size&type. 46. Show method of conduct to approved off-site GP,BP CE drainage facilities. 47. Concentrated drainage from off-site areas shall be GP,BP CE 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 cannot be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. 48. Applicant shall submit erosion control plans and a GP,BP CE Storm Water Pollution Prevention Plan (SWPPP).The Regional Water Quality Control Board shall approve the SWPPP. Public Improvements 49. Prior to recording the final map, provisions for the FM CE repair and maintenance of the paving of the private road shall be included in the CC&R's for this tract. Included shall be a mechanism to maintain the private street, private sewer, and drainage swale and structures, such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation 50. The applicant shall enter a Subdivision Improvement FM CE Agreement with the City of Atascadero prior to recordinq the final map. 136 ITEM NUMBER: B -2 DATE: 03/09/04 Conditions of Approval/ Timing Responsibility Mitigation • Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business License BS:Building Services COROMAR AVENUE CUP GP:GmdingPernt FD:Fie Dep drnent Pine Mountain Transfer of Development Rights(GPA 2003- Fl: inaallnPpeseti�on oeCFnyEngF��M 0009/ZCH 2003-0073/ZCH 2003-00722CH 2003-0074/ZCH To:Temporary Occupancy WWastewater 2003-0076/CUP 2003-0120/TTM 2003-0041MM 2003 FO:Final Occupancy CA City Agomey 0042/CUP 2002-0067MM 2003-0045) 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain 51. All public improvements shall be constructed in GP,BP CE conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer 52. Public improvements (i.e. curb, gutter, sidewalk, and GP,BP CE road widening) shall extend across the entire project frontage on Coromar and Portola. Public improvements shall also extend across the property frontage of APN 056-111-023 to the corner of Portola and Coromar. A curb ramp shall be included at the corner of Portola and Coromar. Applicant shall secure offsite easements or offers of dedication as necessary to construct improvements to City Standards. Wastewater 53. The Public Works Department shall approve all GP,BP WW S wastewater facilities prior to construction. This includes pumps, force mains, cleanouts, manholes and connections. 54. Gravity mains and other sewer facilities within the GP,BP WW subdivision shall be privately owned and maintained. 55. Gravity mains within the subdivision shall be eight (8) GP,BP WW inches in diameter. Atascadero Mutual Water Company 56. Before recordation of the final map,the applicant BP BS 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 new 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. 57. Prior to the issuance of building permits,the applicant BP BS shall obtain a"Will Serve"letter from the Atascadero Mutual Water Company for the newly created lots. 137 ITEM NUMBER: B-2 DATE: 03/09/04 . Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business License BS:Building Services COROMAR AVENUE CUP GP:Grading Permit FD:Fire Depatlment Pine Mountain Transfer of Development Rights(GPA 2003- fP�Bnaalinnsp rta CE:Cit E Depa"r 00092CH 2003-00732CH 2003-0072/ZCH 2003-0074/ZCH TO:Temporayoxupancy WW:wastewater 2003-0076/CUP 2003-0120/17M 2003-0041lITM 2003- FO:Finalox"pan`y CA City Attorney 0042/CUP 2002-0067/TTM 2003-0045) 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain 58. Before the start of construction on the water system BP BS 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. 59. All water distribution facilities shall be constructed in BP BS conformance with Atascadero Mutual Water Company standards,policies and approved procedures. All cross-connection devices shall be constructed in conformance with AWWA and Department of Health Services standards. 60. Before the issuance of building or permits,the BP BS 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. 61. The water mains required to serve the project shall be BP BS laid out in a grid or looped pattern and shall connect to the existing water mains system in Portola Rd.and Coromar Roads. 62. The Applicant shall submit a hydraulic analysis with BP BS 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 Analysis should identify any offsite improvements that may be required. 63. The applicant is responsible for designing and BP BS constructing water system improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project. 64. Lots 1,2,3&4 of proposed TTM 2003-0041 shall be BP BS served from existing water main on Portola Road. Mitigation Measure 1.d.1: All lighting shall be designed to eliminate BP BS,PS,CE 1.d.1 any off site glare. All exterior site lights shall utilize full cut-off,"hooded" lighting fixtures to prevent offsite light spillage and glare. Mitigation Measure 3.b.1: The project shall be conditioned to comply BP,GP BS,PS,CE 3.b.1 with all applicable District regulations pertaining to the control of fugitive dust(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 138 ITEM NUMBER: B-2 DATE: 03/09/04 Conditions of Approval/ Timing Responsibility Mitigation . Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL Business License BS:Building Services COROMAR AVENUE CUP GR Grading Permit FD:FireDepamnent BP:Building Permt PD:Police Depadment Pine Mountain Transfer of Development Rights(GPA 2003- Fl:Final Inspecibn Ce Cly Engineer 0009/ZCH 2003-0073/ZCH 2003-00722CH 2003-00742CH To:Temporary occupancy WW:wastewater 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- F0:Final Occupancy CA City Attorney 0042/CUP 2002-0067/TTM 2003-0045) 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain 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 plann4ed to be reworked at dates greater than one month after initial grading should be sown with a fast-germinating native grass seed and watered until vegetation is established. 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 139 ITEM NUMBER: B-2 DATE: 03/09/04 . Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL Business License BS:Building Services COROMAR AVENUE CUP GP:GradingPenrit FD:FireDepartrnent BP:Building Penrit PD:Poke Department Pine Mountain Transfer of Development Rights(GPA 2003- Fl:Riallnspectbn CE:cilyEngineer 00092CH 2003-00732CH 2003-00722CH 2003-00742CH TO:Temporary Occupancy WW:wastewater 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- Fo:FinalOccupancy caciywwmey 0042/CUP 2002-0067/T7M 2003-0045) 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain 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. M. 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 BP PS,BS,CE 4.e.1 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. • 140 ITEM NUMBER: B-2 DATE: 03/09/04 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:B rows License BS:Building Services COROMAR AVENUE CUP GR.Grading Pernt FD:AmDeimdrnant BP:Building Perm& PD:Police Department Pine Mountain Transfer of Development Rights(GPA 2003- FI:Final Inspection Ce CityEngneer 0009/ZCH 2003-0073/ZCH 2003-00722CH 2003-0074/ZCH TO:TwilonvyOccupancy WW:Wastewater 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- FO:FinalOccuparicy CA:CiyAnomey 0042/CUP 2002-0067/TTM 2003-0045) 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain Mitigation Measure 4.e.2: The developer shall contract with a certified BP,GP PS,BS,CE 4.e.2 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 unless otherwise directed by project arborist with city approval. (c) As specified by the arborist report and City staff: ■ Fencing: The proposed fencing is highlighted in orange on the grading plan. It 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. The fence must be up before any construction or earth moving begins. The owner shall be responsible for maintaining an erect fence throughout the construction period. The arborist(s), upon notification,will inspect the fence placement once it is erected. ■ Soil Aeration Methods: Soils under the 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 2-4"auger)and the application of moderate amounts of nitrogen fertilizer. The arborist(s)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 the 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 sharp pruning tools and not left ragged. • 141 ITEM NUMBER: B-2 DATE: 03/09/04 • Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL Business License BS:Building Services COROMIAR AVENUE CUP GP:Grading Pen Td FD:FireD%admenl BP:Budding Pemtil PD:Police Depadment Pine Mountain Transfer of Development Rights(GPA 2003- Fl:Final lnspectbn CE:cily Engineer 0009/ZCH 2003-0073/ZCH 2003-00722CH 2003-00742CH TO:TempaaryOccupancy wW:Wastewater 2003-0076/CUP 2003-01201TTM 2003-0041/TTM 2003- FD'FnalOccuparwy caciynacmey 0042/CUP 2002-0067f[TM 2003-0045) 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain ■ Grading Within the Drip-Line: Grading should not encroach within the drip-line. If grading is necessary, construction of retaining walls or tree wells or other protection necessary 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. • 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 until re-buried. ■ Paving With the Drip-Line: Pervious surfacing is preferred within the drip-line of any oak tree. 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. Also there is to be no parking of equipment or personal vehicles in these areas. ■ 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 Water: No liquid or solid construction waste shall be dumped on the ground within the drip-line of any oak tree. ■ Arborist Meeting: An arborist shall be present for selected activities(trees identified on spreadsheet)and pre-construction fence placement. The monitoring does not necessarily have to be continuous but observational at times during the above activities. If there is a"yes"in the monitoring column,this is 100%mandatory. ■ Pre-Construction Meeting: An on-site pre-construction meeting with the arborist(s),owner,planning staff, and the earthy moving team may be required for this project. Prior to final occupancy,a letter from the arborist(s)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(s)were on site for all grading and/or trenching activity that encroached into the drip-line of the selected native trees, and that all work done in these areas was completed to the standards set forth above. r 142 ITEM NUMBER: B-2 DATE: 03/09/04 Conditions of Approval/ Timing Responsibility Mitigation • Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business License BS:Bulling Services COROMAR AVENUE CUP GR GradingPertrvl FD;FireDepehW BP:Building Permit PD:Police Depadment Pine Mountain Transfer of Development Rights(GPA 2003- Fl:FnalInspection CE Cily Engineer 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH TO:TerrporaryOceupancy WW:Wastewater 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- FO:Final Occupancy CA:Ciy Atlomey 0042/CUP 2002-0067/TTM 2003-0045) 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road-De Anza Estates,Pine Mountain Mitigation Measure 6.b.1: The grading permit application plans shall GP PS,BS,CE 6.b.1 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. Mitigation Measure 6.b.2: All cut and fill slopes shall be hydroseeded GP BP,BS 6.b.2 with an appropriate erosion control method(erosion control blanket, hydro-mulch,or straw mulch appropriately anchored)immediately after completion of earthwork between the months of October 15 through April 15. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean-up of any mud or debris that is tracked onto public streets by construction vehicles. Mitigation Measure 6.e.1: Percolation tests are required for all lots not BP,GP PS.BS.CE 6.e.1 served by sewer before building permits for residences can be issued. Mitigation Measure 8e.f.1: A Stormwater Pollution Prevention Plan GP PS,BS,CE 8.e f.1 (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. Mitigation Measure 8.e.f.2: The developer is responsible for ensuring GP PS,BS,CE 8.e.f.2 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. The following measures apply only to Coromar Road site: r 143 ITEM NUMBER: B-2 DATE: 03/09/04 • Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business License BS:Building Services COROMAR AVENUE CUP GP:Grading Penni FD:Fieoepadment BP:Building Pertik PD:Police Deparlrent Pine Mountain Transfer of Development Rights(GPA 2003- FI:Final nspection CECAyEngineer 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-00742CH ro:rerpoceu ancupancy WW:ClyA erne 2003-0076/CUP 2003-0120/TTM 2003-00411TTM 2003- Fo:FinaloccupanLy caciyanorey 0042/CUP 2002-0067/TTM 2003-0045) 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain Mitigation Measure 11.a.6: A noise analysis shall be required for the BP,GP PS,BS,CE 11.a.6-8 Coromar site prior to project approval,verifying that the proposed sound wall is adequate for noise mitigation form U.S. Highway 101 In addition, all recommendations of the noise analysis shall be incorporated into the proposed project. Mitigation Measure 11.a.7: Noise levels must be reduced to 65 Ldn/CNEL at outdoor living areas to comply with the City Noise Element. Application of the 65 Ldn/CNEL requirements is subject to some interpretation,but the goal into protect residents from excessive noise when they use outdoor living areas such as patios,pools, hot tubs, gazebos,etc. This will be best accomplished through the use of barriers, which are high enough to eliminate line-of-sight between standing adults in outdoor living areas and the majority of vehicles on the 101 freeway. • Mitigation Measure 11.a.8: "Main Barrier"(Along Freeway) Layout: The main barrier should run along the freeway as currently shown,plus the barrier should"wrap"around the sides of Lot 11 (at least back to the edge of the cul-de-sac)and Lot 16(as far as possible towards the new roadway entrance off of Portola Road). Height: Ideally,the main barrier between the project and the freeway would completely eliminate line of sight to all vehicles on the freeway and off ramp(including exhaust stacks of"18-wheelers"). Practically,the barrier should be at least 6'(and preferably 8')above the house pad elevations in all locations. Since the grade"dips"between Lots 14, 15, 16 and the off ramp, it would be best to extend the height of the barrier in this recessed area if possible. Construction: Barriers may be constructed of any material weighting at least 5 pounds per square foot without holes or gaps of any kind (including at ground level). CMU,stucco,or wood construction will be appropriate as long as the minimum weight is achieved. "Local Barriers"(Around Individual Areas) Layout: Local barriers around specific outdoor living areas at Lots 5 through 10 may be required if line of sight to significant portions of the freeway exists. (This would be most likely at Lots 5 and 10). Height: 5'to 6',as required. Construction: Any material weighing at least 5 pounds per square foot without holes or gaps of any kind(including at ground level). 144 ITEM NUMBER: B-2 DATE: 03/09/04 Conditions of Approval/ Timing Responsibility Mitigation • Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL Bushels License BS:Building Services COROMAR AVENUE CUP GP:GradingPermi FD:Fireoepartment Pine Mountain Transfer of Development Rights(GPA 2003- AF�Irnsp ctiion c�c�En9 Department 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH To:TemporaryCcerpancy VM:Wastewater 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- FO:Final Occupancy CA C4 Attorney 0042/CUP 2002-0067/TTM 2003-0045) 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain Mitigation Measure 11.d.1: All construction activities shall comply with BP,GP PS,BS,CE 11.d.1 the City of Atascadero Noise Ordinance for hours of operation,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&Sunday Further,particularly loud noises shall not occur before 8 a.m.on weekdays and not at all on weekends. The Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors may modify the hours of construction. 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. Staff shall approve the details of such a sign during the Grading Plan/Building Permit review process. 145 City Council Resolution E March 9,2004 Page 1 of 3 ITEM NUMBER: B-2 • DATE: 03/09/04 Exhibit B: Draft Resolution D Conditional Use Permit 2003-0120(Master Plan of Development) Coromar Avenue Site Site Plan a l - t AA u s' x 711 At lot 77 i x 146 City Council Resolution E March 9,2004 Page 2 of 3 ITEM NUMBER: B-2 DATE: 03/09/04 Exhibit C: Draft Resolution D Conditional Use Permit 2003-0120(Master Plan of Development) Coromar Avenue Site Grading&Drainage Plan t titVn 1 I� !y y3 w 147 City Council Resolution E March 9,2004 Page 1 of 3 ITEM NUMBER: B-2 • DATE: 03/09/04 Exhibit D: Draft Resolution D Conditional Use Permit 2003-0120(Master Plan of Development) Coromar Avenue Site Utility Plan 1 , _h F -MiiMiYl- It Ll �( �*ae—"„.•—� "" a. ��_++ ��,�. 'Tae '�—�. f 3 `t "a I L, 9 148 City Council Resolution E March 9,2004 Page 1 of 3 ITEM NUMBER: B-2 DATE: 03/09/04 • Exhibit E: Draft Resolution D Conditional Use Permit 2003-0120(Master Plan of Development) Coromar Avenue Site Landscape Plan ll� r a` w M¢ r a u (DO 0, z 4 $ a U . UW 149 City Council Resolution E March 9,2004 Page 1 of 3 ITEM NUMBER: B-2 . DATE: 03/09/04 Exhibit F: Draft Resolution D Conditional Use Permit 2003-0120(Master Plan of Development) Coromar Avenue Site Elevation & Floor Plans • x ,n yx ` q F•� q L ., }�•` t •}_ ' V': 11 MOP . �, tGO .tJJ pr3�GN 150 City Council Resolution E March 9,2004 Page 1 of 3 ITEM NUMBER: B-2 DATE: 03/09/04 Exhibit F: Draft Resolution D Conditional Use Permit 2003-0120(Master Plan of Development) Coromar Avenue Site Elevation&Floor Plans -4gn CAr .ovr-t • 151 City Council Resolution E March 9,2004 Page 1 of 3 ITEM NUMBER: B-2 • DATE: 03/09/04 Exhibit Fe Draft Resolution D Conditional Use Permit 2003-0120(Master Plan of Development) Coromar Avenue Site Elevation&Floor Plans CZIC?RF H;4,N P U N +qtr�aNT'(rr�rt) ° E°TNS 29, E = I •-..•.. to f��W _ o 5 4'c PH Ck'/dtrf) l fi"4i x r ,rk r4 t rax Cri c4�U►Sto�i4"} l TI NT.t ZVAT01 I"�1r� iC f N D' Uhl1'1° T . ' am ! � � --- C'Fl r I kNb 2 _ Phi N 1A . R � to xcNt: � r )3ot2r dP: ' II��ccggp� 152 City Council Resolution E March 9,2004 Page 1 of 3 ITEM NUMBER: B-2 DATE: 03/09/04 Exhibit F: Draft Resolution D Conditional Use Permit 2003-0120(Master Plan of Development) Coromar Avenue Site Elevation& Floor Plans --- ._. . v m w �b „o �a { r ' iS�aIv r � �7 � i' w I T.�"W GR1'PZ �—` lot% '� 12 �. Ct Al 130, fr'fB1. ail r�� VE#+T k�LtI wF1s'� �?U'iCkl `r31- - ?� s NZ 7NT �v -riar , = R16+TD UNC71 153 City Council Resolution E March 9,2004 Page 1 of 3 ITEM NUMBER: B-2 DATE: 03/09/04 Exhibit G: Draft Resolution D Conditional Use Permit 2003-0120(Master Plan of Development) Coromar Avenue Site Color&Material Sample Board =P-rsGl4lpn, 7,07, .Informal a % > z , s:t a r ZIP, � lW tea: R , 154 City Council Resolution E March 9,2004 Page 1 of 3 ITEM NUMBER: B-2 DATE: 03/09/04 • Exhibit H: Draft Resolution D Conditional Use Permit 2003-0120(Master Plan of Development) Coromar Avenue Site Arborist Report/Tree Protection Plan • i 155 City Council Resolution E March 9,2004 Page 1 of 3 ITEM NUMBER: B-2 • DATE: 03/09/04 Exhibit 1: Draft Resolution D Conditional Use Permit 2003-0120(Master Plan of Development) Coromar Avenue Site Tree Protection Plan A i € � t' r 1� t J 1 - 71 �y } Z ii I F"i • y � d 9 156 City Council Resolution E March 9,2004 Page 1 of 3 ITEM NUMBER: B -2 DATE: 03/09/04 Attachment 9: Draft Resolution E Tentative Tract Map 2003-0041 Coromar Avenue Site DRAFT RESOLUTION E A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING VESTING TENTATIVE TRACT MAP 2003-0041,A SIXTEEN-LOT MAP CONSISTENT WITH A PD-17 OVERLAY ZONE OF APN 056-111-023 (8955 Coromar Avenue/Gearhart) WHEREAS, an application has been received from Kelly Gearhart (6205 Alcantara Avenue, Atascadero, CA 93422), Applicant and Property Owner to consider a project consisting of a zone change from RSF-X (Residential Single-Family-X) to RSF-X / PD-17 (Residential Single-Family-X with Planned Development Overlay #17) with the adoption of a Master Plan of Development, and a 16-lot residential Tentative Tract Map on APN 056- • 111-023 and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2003-0069 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 has recommended that the site's General Plan designation be amended from GC (General Commercial)to SFR-X(Single-Family Residential—X); and, WHEREAS, the Planning Commission has recommended that the site be rezoned from CR (Commercial Retail) &CT(Commercial Tourist)to RSF-X (Residential Single Family) zone and to include a PD-17 overlay with a Master Plan of Development thereby allowing a sixteen lot subdivision of the site; 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 City Council of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said application; and, • NOW, THEREFORE,the City Council takes the following actions: 157 City Council Resolution E March 9,2004 Page 2 of 3 ITEM NUMBER: B 2 • DATE: 03/09/04 Section 1. Findings of Approval for Tentative Tract Man, the City Council of the City of Atascadero 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 2003-0120). 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. Recommendation of Approval. The City Council of the City of Atascadero, in a regular session assembled on March 9, 2004,resolved to recommend that the City Council approval of Vesting Tentative Tract Map (TTM 2003-0041) subject to the following: Exhibit A: Vesting Tentative Tract Map 2003-0041 Exhibit B: Conditions of Approval/Mitigation Monitoring Program. 158 City Council Resolution E March 9,2004 Page 3of3 ITEM NUMBER: B -2 DATE: 03/09/04 • On motion by Council Member and seconded by Council Member the foregoing Resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: George Luna, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Roy A. Hanley, City Attorney i 159 City Council Resolution E March 9,2004 Page 1 of 3 ITEM NUMBER: B-2 • DATE: 03/09/04 Exhibit A: Draft Resolution E Tentative Tract Map 2003-0041 Coromar Avenue Site r` r _ �. to� ; a��r ^"'_ 4 y ���* yy,• � � .;�� _�i i •` - _ i' •T ! fir• i 9t"• "° '+,� i ! � 1 I it 1_ ar rl� 6 }^ 'y'� "r•.�*-'t .-.��- � '�" j��l' fes..{gil;� �f3 -•- w'"`'�- ♦s��}. � `i �.�.„4'gJ. t Q M e$I . a�; $t18�€,s.."z58&$3R 156 ?.• " I Y * 'L ;6a3YEi,iiilx:gar8Y 2-1A i � p • ;.- � 160 City Council Resolution E March 9,2004 Page 1 of 3 ITEM NUMBER: B-2 DATE: 03/09/04 • Exhibit B: Draft Resolution E Tentative Tract Map 2003-0041 Coromar Avenue Site Conditions of Approval/Mitigation Monitoring Program Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Sen ces BL:Business license BS:Building Services COROMAR Avenue TTM GR GradingPsrnit FD:FireDepartnent BP:Building Pemrl PD:Police oepaMnent FI:Final Inspeclbn CE:Ciy Engineer TO:TemporaryOcaparq WW:WastewaterMitigation Monitoring Program FO:Final Occupanq ca Ciy Amey Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-00742CH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/7TM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocarril Road—De Anza Estates, Pine Mountain Planning Services 1. The approval of this zone change and use permit shall BP PS become final and effective following City Council • approval. 2. Approval of this Master Plan of Development shall be FM PS valid concurrently with the life of Tentative Tract Map 2003-0041 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. 3. Changes to the Master Plan of Development shall be On-going PS approved by the Planning Commission and do not require Council action. 4. The Community Development Department shall have BP/FM PS 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. 5. All subsequent Tentative Tract Map and construction BP/FM PS permits shall be consistent with the Master Plan of Development contained herein. • 6. The proposed street is designed to extend to the north BP/FM PS to connect with future development with abandonment 161 City Council Resolution E March 9,2004 Page 2 of 3 ITEM NUMBER: B -2 • DATE: 03/09/04 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business License BS:Building Servbes COROMAR Avenue TTM GP:Grading Perrnit FD:Fre Department BP:Building Pem9t PD:Poke Depantrient FI:Final Inspection CE:City Engineer TO:Temporary Oocipancy WW:Wastewater Mitigation Monitoring Program PO:FinalOrxwpancy CA:CnyMomey Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocarril Road—De Anza Estates,Pine Mountain of the cul-de-sac configuration. There will be deed notice for each lot of this future extension. 7. All site development shall be consistent with the BP/FM PS maximum intensities described in the statistical project summary as shown on CUP 2003-0230-Exhibit B. 8. Affordable Housing Requirement: The applicant shall FM, BP PS,CE either set aside three housing unit at the moderate category rate for a period of 30 years. • 9. Affordable Workforce Housing FM,BP PS,CE Prior to recordation of final map, the applicant shall enter into a legal agreement with the City to reserve 1/z 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. • 10. Street terminus shall require the following,subject to BP,FM PS,CE staff approval: Extension of sidewalk beyond driveway apron of 162 City Council Resolution E March 9,2004 Page 3 of 3 ITEM NUMBER: B-2 DATE: 03/09/04 • Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL Business License BS:Budding Services COROMAR Avenue TTM GP:Grading Permit FD:Fire DgW mnt BP:Building Permit PD:Police Depart mnt R:Final Inspection CE:Cdy Engineer TO:TenpraryOc prc, WW:wastenterMitigation Monitoring Program FO:Foal Occupancy CA:Cily Adomey Pine Mountain Transfer of Development Rights(GPA 2003- 00092CH 2003-0073/ZCH 2003-00722CH 2003-00742CH 2003-0076/CUP 2003-0120/TTM 2003-004t/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocarril Road—De Anza Estates,Pine Mountain fronting Lot 5 to street terminus,for future roadway extension. Extension of road improvements to property line. Temporary fire tum-around at street terminus,to be removed with future roadway extension. 11. Deed notification shall be applied to each of the new FM PS,CE lots,notifying homeowners that adjacent residential lots may be used for agricultural purposes,including keeping of livestock animals,facilities and equipment. • Building Services 12. A soils investigation prepared by a licensed BP FM Geotechnical Engineer is to be provided for the project. The report is to be provided at the time of building permit submittal along with the building plans for review by the Building Division. Recommendations contained in the report are to be incorporated into the project plans. Fire Marshal 13. Final street name selection shall be consistent BP PS,BS with the future street extension,subject to staff approval. 14. Provide a letter from the Atascadero Mutual Water BP BS Company stating the minimum expected water available to the site. Amount available must meet min. requirement specified in the California Fire Code. 15. Note approved address signage is to be provided. BP BS 16. Note on plans that fire lanes shall be delineated to BP BS restrict parking as required by the Fire Authority. City Engineer Standard Conditions Drainage: • 163 City Council Resolution E March 9,2004 Page 4 of 3 ITEM NUMBER: B-2 . DATE: 03/09/04 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services COROMAR Avenue TTM c:Business aa�I�mA a FD:Buildinge services Grading .Department BP:Building Pemit PD:Police Depadmem R:Final Inspeclion CE:Cily Engineer TO:Ter porary Occupancy WW:Wastewater Mitigation Monitoring Program FO:Final Occupancy CA,COMomey Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-00732CH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-01205TM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocarril Road—De Anza Estates, Pine Mountain 17. In the event that the applicant bonds for the public FM CE improvements required as a condition of this map,the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 18. An engineer's estimate of probable cost shall be FM CE submitted for review and approval by the City Engineer to determine the amount of the bond. 19. The Subdivision Improvement Agreement shall record FM CE concurrently with the Final Map. • 20. The applicant shall enter into a Plan Check/Inspection GP, BP CE agreement with the City. 21. A six (6) foot Public Utility Easement (PUE) shall be FM CE provided contiguous to the property frontage. 22. The applicant shall acquire title interest in any off-site FM CE 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. 23. Slope easements shall be obtained by the applicant GP, BP CE as needed to accommodate cut or fill slopes. 24. Drainage easements shall be obtained by the GP, BP CE applicant as needed to accommodate both public and private drainage facilities. 25. A preliminary subdivision guarantee shall be FM CE submitted for review in conjunction with the processing of the tract map. 26. The final map shall be signed by the City Engineer FM CE prior to the map being placed on the agenda for City Council acceptance. 27. Prior to recording the tract map, the applicant shall FM CE pay all outstanding plan check/inspection fees. 28. Prior to recording the map, the applicant shall bond FM CE • for or complete all improvements required by these conditions of approval. 29. Prior to recording the tract map, the applicant shall FM CE bond for or set monuments at all new property 164 City Council Resolution E March 9,2004 Page 5 of 3 ITEM NUMBER: B-2 DATE: 03/09/04 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL Business License BS:Budding Servbes COROMAR Avenue TTM GP:Grading Permit FD:Fire Depamnent BP:Building Permil PD:Police Depadment Fl:Final Inspectbn CE:Cly Engineer T0:Temporary Occupancy WW:Wastewater Mitigation Monitoring Program FO:FinalO=parq CkGll Anomey Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocarril Road—De Anza Estates,Pine Mountain 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. 30. Prior to recording the tract map, the applicant shall FM CE 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. • 31. All existing and proposed utility, pipeline, open space, FM CE or other easements are to be shown on the final/parcel map. If there are building or other restrictions related to the easements, they shall be noted on the final/parcel map. The applicant shall show all access restrictions on the final/parcel map. 32. Prior to recording the tract map, the applicant shall FM CE 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 identity 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 parcel map. 33. Prior to the issuance of building permits the applicant GP,BP CE shall submit plans and supporting calculations/reports including street improvements, underground utilities, composite utilities, and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer. 34. The applicant must provide for the maintenance of on- FM CE site shared improvements.This includes roads, sidewalks,street trees,streetlights,drainage facilities, sewer,recreation areas,Caltran R-O-W frontage landscaping,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. 165 City Council Resolution E March 9,2004 Page 6 of 3 ITEM NUMBER: B-2 . DATE: 03/09/04 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL Business License BS:Building Services COROMAR Avenue TTM GP:GradingPerrm FD:Fireoepanment BP:Building Permit PD:PDlice Department FI:Final InspectiDn CE City Engineer To:TemoraryOccrparq WW:wastewaterMitigation Monitoring Program FD:Final Oxupansy Ca Cay Attorney Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-00722CH 2003-00742CH 2003-0076/CUP 2003-0120/T7M 2003-0041/'FTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocarril Road—De Anza Estates,Pine Mountain 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. City Engineer Site Specific Conditions Drainage: GP BP CE 35. 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. 36. Provide for the detention of the 50 year developed GP,BP CE storm runoff, while metering out the 2 year undeveloped storm runoff. 37. Drainage basins shall be designed to desilt, detain GP,BP CE and meter storm flows as well as release them to natural runoff locations. 38. The drainage basins shall be landscaped with native GP,BP CE plantings. 39. A mechanism for funding and maintenance of the GP,BP CE storm drain facilities shall be provided. 40. Show the method of dispersal at all pipe outlets. GP,BP CE Include specifications for size&type. 41. Show method of conduct to approved off-site GP,BP CE drainage facilities. 42. Concentrated drainage from off-site areas shall be GP,BP CE 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 cannot be obtained the storm water release must follow the exact historic path, rate and velocitv as prior to the subdivision. 43. Applicant shall submit erosion control plans and a GP,BP CE Storm Water Pollution Prevention Plan (SWPPP).The Regional Water Quality Control Board shall approve the SWPPP. 166 City Council Resolution E March 9,2004 Page 7 of 3 ITEM NUMBER: B-2 DATE: 03/09/04 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL Business License BS:Building services COROMAR Avenue TTM GP:Grading Permit FD:Fire Departrrent BP:Building Pernik PD:Police Department FI:Final Insim Dn M City Engineer Mitigation Monitoring Program w��o upancy A,COAflom� Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocarril Road—De Anza Estates,Pine Mountain Public Improvements 44. Prior to recording the final map, provisions for the FM CE repair and maintenance of the paving of the private road shall be included in the CC&R's for this tract. Included shall be a mechanism to maintain the private street, private sewer, and drainage swale and structures, such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation 45. The applicant shall enter a Subdivision Improvement FM CE Agreement with the City of Atascadero prior to recording the final map. -lie 46. All public improvements shall be constructed in GP,BP CE conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer 47. Public improvements (i.e. curb, gutter, sidewalk, and GP,BP CE road widening) shall extend across the entire project frontage on Coromar and Portola. Public improvements shall also extend across the property frontage of APN 056-111-023 to the corner of Portola and Coromar. A curb ramp shall be included at the corner of Portola and Coromar. Applicant shall secure offsite easements or offers of dedication as necessary to construct improvements to City Standards. Wastewater 48. The Public Works Department shall approve all GP,BP WW wastewater facilities prior to construction. This includes pumps, force mains, cleanouts, manholes and connections. 49. Gravity mains and other sewer facilities within the GP,BP WW subdivision shall be privately owned and maintained. 50. Gravity mains within the subdivision shall be eight (8) GP,BP WW inches in diameter. Atascadero Mutual Water Company 167 City Council Resolution E March 9,2004 Page 8 of 3 ITEM NUMBER: B-2 DATE: 03/09/04 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL Business License BS:Building Services COROMAR Avenue TTM GP:Grading Permit FD:Fire Department BP:Building Permit PD:Police Departrrierd FI:Final InspecWn CE:City Engineer TO:Temporary Occupancy WW:Wastevater Mitigation Monitoring Program FO:Final Oocupanry CkCMatmmey Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-00742CH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocarril Road—De Anza Estates,Pine Mountain 51. Before recordation of the final map,the applicant BP BS 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 new 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. 52. Prior to the issuance of building permits,the applicant BP BS shall obtain a"Will Serve"letter from the Atascadero Mutual Water Company for the newly created lots. 53. Before the start of construction on the water system BP BS 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. 54. All water distribution facilities shall be constructed in BP BS conformance with Atascadero Mutual Water Company standards, policies and approved procedures. All cross-connection devices shall be constructed in conformance with AWWA and Department of Health Services standards. 55. Before the issuance of building or permits,the BP BS 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. 56. The water mains required to serve the project shall be BP BS laid out in a grid or looped pattern and shall connect to the existing water mains system in Portola Rd.and Coromar Roads. 57. The Applicant shall submit a hydraulic analysis with BP BS 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 Analysis should identify 168 City Council Resolution E March 9,2004 Page 9 of 3 ITEM NUMBER: B-2 DATE: 03/09/04 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services uilding services COROMAR Avenue TTM cg Grad Permil FD:Business Lkense BS:Fire a IDepadment BP.Building Pemtit PD:Police Department FI:Final Inspection CE Gly Engineer TO:Temporary Occupancy WW:Wastewater Mitigation Monitoring Program FO:FMOeoupancy ca:Citynmmey Pine Mountain a Transfer of Development.Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocarril Road—De Anza Estates,Pine Mountain any offsite im rovements that may be required. 58. The applicant is responsible for designing and BP BS constructing water system improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project. 59. Lots 1,2,3&4 of proposed TTM 2003-0041 shall be BP BS served from existing water main on Portola Road. Mitigation Measure 1.d.1: All lighting shall be designed to eliminate BP BS,PS,CE 1.d.1 any off site glare. All exterior site lights shall utilize full cut-off,"hooded" lighting fixtures to prevent offsite light spillage and glare. Mitigation Measure 3.b.1: The project shall be conditioned to comply BP,GP BS,PS,CE 3.b.1 • with all applicable District regulations pertaining to the control of fugitive dust(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 Ian notes: 169 City Council Resolution E March 9,2004 Page 10 of 3 ITEM NUMBER: B-2 • DATE: 03/09/04 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BU Business License BS:Building Services COROMAR Avenue TTM GP:GradingPerrrn FD:Five Department BP:Building Permit PD:Police Departrnent Fl:Final Inspection CE City Engineer TO:Temporary Occupancy WW:Wastewater Mitigation Monitoring Program FO:Final Occupancy CA:Citynnomey Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-00722CH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocarril Road—De Anza Estates,Pine Mountain 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 plann4ed to be reworked at dates greater than one month after initial grading should be sown with a fast-germinating native grass seed and watered until vegetation is established. 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. 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. 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. Mitioation Measure 4.e.1: The building permit site plan shall identify all BP PS,BS,CE 4.e.1 protection and enhancement measures recommended by the Certified Arborist in the Tree Protection Plan.Tree protection fencing shall be 170 City Council Resolution E March 9,2004 Page 11 of 3 ITEM NUMBER: B -2 DATE: 03/09/04 • Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business License BS:Building Services COROMAR Avenue TTM GP:Grading Pernik FD:Fre oepaMgrrl BP.Building Perm? PD:Poke oepadmerd FI:Final Irrspeckn CE:Cly Engineer TaaOccupancy WWeter Mitigation Monitoring Program FO:FinalOccupancy CA CilyAnrorney Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocarril Road—De Anza Estates,Pine Mountain installed at the locations called out in the Tree Protection Plan. • • 171 City Council Resolution E March 9,2004 Page 12 of 3 ITEM NUMBER: B-2 • DATE: 03/09/04 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business License BS:Building Services COROMAR Avenue TTM GP:GradingParmt FD:Fire DepaMent BP:Building Pemd PD:Police Depat mnt FI:Final IrWwtbn CE:Cily Engineer TO:Tenpaary Occupancy WW:Wastewater Mitigation Monitoring Program FO:Final Occupancy CnC4 memey Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-00411TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocarnl Road—De Anza Estates, Pine Mountain Mitigation Measure 4.e.2: The developer shall contract with a certified BP,GP PS,BS,CE 4.e.2 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 unless otherwise directed by project arborist with city approval. (d) As specified by the arborist report and City staff: ■ Fencing: The proposed fencing is highlighted in orange on the grading plan. It 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. The fence must be up before any construction or earth moving begins. The owner shall be responsible for maintaining an erect fence throughout the construction period. The arborist(s), upon notification,will inspect the fence placement once it is erected. ■ Soil Aeration Methods: Soils under the 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,24 apart with 24"auger)and the application of moderate amounts of nitrogen fertilizer. The arborist(s)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 the 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 sharp pruning tools and not left ragged 172 City Council Resolution E March 9,2004 Page 13 of 3 ITEM NUMBER: B-2 DATE: 03/09/04 • Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:%nning Services es COROMAR Avenue TTM R..Grading PeBusiness en-AA FD.ire D Wing rnent 9 Depadment BP:Building Permit PD:Police Department FI:Final InspediDn CE:Cily Engineer TO:Temporary Occupancy WW:Wastewater Mitigation Monitoring Program FO:Final Occupancy CA GoAttoney Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocarril Road—De Anza Estates,Pine Mountain ■ Grading Within the Drip-Line: Grading should not encroach within the drip-line. If grading is necessary, construction of retaining walls or tree wells or other protection necessary 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. ■ 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 until re-buried. • Paving With the Drip-Line: Pervious surfacing is preferred within the drip-line of any oak tree. 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. Also there is to be no parking of equipment or personal vehicles in these areas. ■ 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 Water: No liquid or solid construction waste shall be dumped on the ground within the drip-line of any oak tree. • Arborist Meeting: An arborist shall be present for selected activities(trees identified on spreadsheet)and pre-construction fence placement. The monitoring does not necessarily have to be continuous but observational at times during the above activities. If there is a`yes"in the monitoring column,this is 100%mandatory. ■ Pre-Construction Meeting: An on-site pre-construction meeting with the arborist(s),owner,planning staff,and the earthy moving team may be required for this project. Prior to final occupancy, a letter from the arborist(s)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(s)were on site for all grading and/or trenching activity that encroached into the drip-line of the selected native trees, and that all work done in these areas was completed to the • standards set forth above. 173 City Council Resolution E March 9,2004 Page 14 of 3 ITEM NUMBER: B-2 • DATE: 03/09/04 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services es COROMAR Avenue TTM GP:GGrradinnggP rtd FFDD:Frrelng Deepar�trnerd BP:Building Permit PD:Police Depadrtient FI:Final Inspection CE:City Engineer TO:Temporary Occupancy WW:Wastewater Mitigation Monitoring Program FO:Final Occupancy ca Cityatomey Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/T7M 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocarril Road—De Anza Estates,Pine Mountain Mitigation Measure 6.b.1: The grading permit application plans shall GP PS,BS,CE 6.b.1 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. Mitigation Measure 6.b.2: All cut and fill slopes shall be hydroseeded GP BP,BS 6.b.2 with an appropriate erosion control method(erosion control blanket, hydro-mulch,or straw mulch appropriately anchored)immediately after completion of earthwork between the months of October 15 through April • 15. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean-up of any mud or debris that is tracked onto public streets by construction vehicles. Mitigation Measure 6.e.1: Percolation tests are required for all lots not BP,GP PS.BS.CE 6.e.1 served by sewer before building permits for residences can be issued. Mitigation Measure 8e.f.1: A Stormwater Pollution Prevention Plan GP PS,BS,CE 8.e.f.1 (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. Mitigation Measure 8.e.f.2: The developer is responsible for ensuring GP PS,BS,CE 8.af.2 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. The following measures apply only to Coromar Road site • 174 City Council Resolution E March 9,2004 Page 15 of 3 ITEM NUMBER: B-2 DATE: 03/09/04 • Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL Business License BS:Building Services COROMAR Avenue TTM GP:GradingPemil FD:ReDepanrnam BP:Building Pemp PD:Police Department FI:Final Inapeetbn CE City Engineer TO:Temporary Occupancy WW:Wastewater Mitigation Monitoring Program FO:Final Oxupany CA CityAbmey Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/T7M 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocarril Road—De Anza Estates,Pine Mountain Mitigation Measure 11.a.6: A noise analysis shall be required for the BP,GP PS,BS,CE 11.a.6-8 Coromar site prior to project approval,verifying that the proposed sound wall is adequate for noise mitigation form U.S. Highway 101. In addition, all recommendations of the noise analysis shall be incorporated into the proposed project. Mitigation Measure 11.a.7: Noise levels must be reduced to 65 Ldn/CNEL at outdoor living areas to comply with the City Noise Element. Application of the 65 Ldn/CNEL requirements is subject to some interpretation,but the goal is to protect residents from excessive noise when they use outdoor living areas such as patios, pools,hot tubs, gazebos,etc. This will be best accomplished through the use of barriers, . which are high enough to eliminate line-of-sight between standing adults in outdoor living areas and the majority of vehicles on the 101 freeway. Mitigation Measure 11.a.8: "Main Barrier"(Along Freeway) Layout: The main barrier should run along the freeway as currently shown, plus the barrier should`wrap"around the sides of Lot 11 (at least back to the edge of the cul-de-sac)and Lot 16(as far as possible towards the new roadway entrance off of Portola Road). Height: Ideally,the main barrier between the project and the freeway would completely eliminate line of sight to all vehicles on the freeway and off ramp(including exhaust stacks of"18-wheelers"). Practically,the barrier should be at least 6'(and preferably 8')above the house pad elevations in all locations. Since the grade"dips"between Lots 14, 15, 16 and the off ramp, it would be best to extend the height of the barrier in this recessed area if possible. Construction: Barriers may be constructed of any material weighting at least 5 pounds per square foot without holes or gaps of any kind (including at ground level). CMU,stucco,or wood construction will be appropriate as long as the minimum weight is achieved. "Local Barriers"(Around Individual Areas) Layout: Local barriers around specific outdoor living areas at Lots 5 through 10 may be required if line of sight to significant portions of the freeway exists. (This would be most likely at Lots 5 and 10). Height: 5'to 6',as required. • Construction: Any material weighing at least 5 pounds per square foot without holes or gaps of any kind(including at ground level). 175 City Council Resolution E March 9,2004 Page 16 of 3 ITEM NUMBER: B-2 . DATE: 03/09/04 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Sery ces BL Business License BS:Building Services COROMAR Avenue TTM GP:Grading Permit FD:Fire Department BP:Building Pen it PD:Police Department FI:Final Inspection CE:City Engineer TO:Tenpaary Occupancy WW:Wastewater Mitigation Monitoring Program FO:FinalO=parq CaC0Aftomey Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-00732CH 2003-00722CH 2003-0074/ZCH 2003-0076/CUP 2003-0120n7M 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocarril Road—De Anza Estates,Pine Mountain Mitigation Measure 11.d.1: All construction activities shall comply with BP,GP PS,BS,CE 11.d.1 the City of Atascadero Noise Ordinance for hours of operation,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&Sunday Further,particularly loud noises shall not occur before 8 a.m.on weekdays and not at all on weekends. • The Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors may modify the hours of construction. 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. Staff shall approve the details of such a sign during the Grading Plan/Building Permit review process. 176 City Council Resolution E March 9,2004 Page 1 of 3 ITEM NUMBER: B-2 DATE: 03/09/04 • ATTACHMENT 10: Draft Ordinance D Zone Change 2003-0076 (Planned Development No.21 Zoning Text) Colima Road Site DRAFT ORDINANCE D A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING THE ZONING CODE TEXT TO CREATE PLANNED DEVELOPMENT OVERLAY DISTRICT 21 FOR USE IN THE RSF-Y ZONING DISTRICT FOR PARCEL APN 49-163-013 AND 49-163-015 (3680, 3700 Colima Avenue/Gearhart) WHEREAS, an application has been received from Kelly Gearhart (6205 Alcantara Avenue, Atascadero, CA 93422), Applicant and Property Owner to consider a project consisting of a zone change from RSF-Y (Residential Single-Family-Y) to RSF-Y / PD-21 (Residential Single-Family-Y with Planned Development Overlay #21) with the adoption of a Master Plan of Development, and a five-lot residential Tentative Tract Map on APN 049-163-013 AND 049-163-015 and, • WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2003-0069 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 has recommended that the site's General Plan designation be amended from SE(Suburban Estate) to SFR-Y (Single-Family Residential Y); and, WHEREAS, the Planning Commission has recommended that the site be rezoned from RS (Residential Suburban) to RSF-Y (Residential Single Family-Y); and, WHEREAS, Zoning Ordinance Article 28 allows Planned Development Overlay zones to be established to promote orderly and harmonious development and to enhance the opportunity to best utilize special site characteristics; and WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2003-0069 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 City Council has determined that it is in the best interest of the City to enact this amendment to the Zoning Map to protect the health, safety and welfare of its . citizens by applying orderly development and expanding housing opportunities within the City; and, 177 City Council Resolution E March 9,2004 Page 2 of 3 ITEM NUMBER: B-2 • DATE: 03/09/04 WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act(CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the City Council of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said zoning amendments; and, NOW, THEREFORE, the City Council takes the following actions: SECTION 1. _Findings for Approval of a Zone Change Creating a PD-21 Planned Development Overlay District. 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. SECTION 2. Recommendation of Approval. The City Council of the City of Atascadero, in a regular session assembled on March 9, 2004 resolved to recommend that the City Council introduce for first reading an ordinance that would amend the City Zoning ordinance with the following: 9- .6 2 E tablishm t f Planned De elo m nt verla Zone No.21: PD21 . A Planned Development Overlay Zone No. 21 may be established in the RSF-Y multi-family residential zones on parcels APN 49-163-013 and 49-163-015 with a combined gross acreage of 4.93 acres. The maximum density within the planned development shall not exceed a gross density of five units on the 4.93-acre project site. The following development standards shall be applied to the Planned Development Zone No. 21: (a) Second dwelling units shall not be allowed. (b)One of the five lots may be less than the required one-acre minimum lot size. (c)All utilities, including electric, telephone and cable, along the frontage of and within the PD shall be installed underground. SECTION 3.Effective Date. • Thisr sc o dinance shall be effective a 12:01 a.m. on the 31 day after its finalassa e. P g 178 City Council Resolution E March 9,2004 Page 3 of 3 ITEM NUMBER: B-2 DATE: 03/09/04 • On motion by Council Member and seconded by Council Member the foregoing Resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: George Luna, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Roy A. Hanley, City Attorney • 179 ITEM NUMBER: B -2 DATE: 03/09/04 • ATTACHMENT 11: Draft Ordinance E Zone Change 2003-0076 (Planned Development No.21 Zoning Map Change) Colima Road Site DRAFT ORDINANCE E A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING THE ZONING MAP CHANGE TO DESIGNATE A PLANNED DEVELOPMENT OVERLAY DISTRICT 21 ON PARCEL APN 49-163-013 AND 49-163-015 (3680, 3700 Colima Avenue/Gearhart) WHEREAS, an application has been received from Kelly Gearhart (6205 Alcantara Avenue, Atascadero, CA 93422), Applicant and Property Owner to consider a project consisting of a zone change from RSF-Y (Residential Single-Family-Y) to RSF-Y / PD-21 (Residential Single-Family-Y with Planned Development Overlay #21) with the adoption of a Master Plan of Development, and a five-lot residential Tentative Tract Map on APN 049-163-013 AND 049-163-015 and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2003-0069 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 has recommended that the site's General Plan designation be amended from SE(Suburban Estate) to SFR-Y(Single-Family Residential— Y); and, WHEREAS, the Planning Commission has recommended that the site be rezoned from RS (Residential Suburban) to RSF-Y (Residential Single Family-Y); and, WHEREAS, Zoning Ordinance Article 28 allows Planned Development Overlay zones to be established to promote orderly and harmonious development and to enhance the opportunity to best utilize special site characteristics; and WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2003-0069 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 City Council has determined that it is in the best interest of the City to enact this amendment to the Zoning Map to protect the health, safety and welfare of its citizens by applying orderly development and expanding housing opportunities within 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, 180 ITEM NUMBER: B-2 DATE: 03/09/04 WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone • Change application was held by the City Council of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said zoning amendments; and, NOW, THEREFORE, the City Council takes the following actions: SECTION 1. Findings for Approval of a Zoning Mau Change for PD-21 Planned Development Overlay District. 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. SECTION 2.Recommendation of Approval. The City Council of the City of Atascadero, in a regular session assembled on March 9, 2004 resolved to recommend that the City Council introduce for first reading an ordinance that would rezone the subject site consistent with the following: • Exhibit A: Zone Change Map SECTION 3.Effective Date. This ordinance shall be effective a 12:01 a.m. on the 31St day after its final passage. • 181 ITEM NUMBER: B -2 DATE: 03/09/04 • On motion by Council Member and seconded by Council Member the foregoing Resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: George Luna, Mayor ATTEST: • Marcia McClure Tor erson C.M.C. Cit Clerk g Y APPROVED AS TO FORM: Roy A. Hanley, City Attorney 182 ITEM NUMBER: B-2 DATE: 03/09/04 Exhibit A: Draft Ordinance D • Zone Change 2003-0076 (Planned Development No.21 Zoning Map Change) Colima Road Site F Project Site �`ti' RSF`Y 4 } fi Official Zoning Map Changes 049-163-013, 015AL N- g�" Existing , Zone: RS Amended Zone: RSF-Y/PD-21 x r 183 ITEM NUMBER: B-2 DATE: 03/09/04 • ATTACHMENT 12: Draft Resolution F Tentative Tract Map 2003-0042 Colima Avenue Site DRAFT RESOLUTION F A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING VESTING TENTATIVE TRACT MAP 2003-00429 A FIVE-LOT MAP CONSISTENT WITH A PD-21 OVERLAY ZONE OF APN 49-163-013 AND 49-163-015 (3680, 3700 Colima Avenue/Gearhart) WHEREAS, an application has been received from Kelly Gearhart (6205 Alcantara Avenue, Atascadero, CA 93422), Applicant and Property Owner to consider a project consisting of a zone change from RSF-Y (Residential Single-Family-Y) to RSF-Y / PD-21 (Residential Single-Family-Y with Planned Development Overlay #21) with the adoption of a Master Plan of Development, and a five-lot residential Tentative Parcel Map on APN 049- 163-013 AND 049-163-015 and, • WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2003-0069 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 has recommended that the site's General Plan designation be amended from SE(Suburban Estate)to SFR-Y(Single-Family Residential— Y); and, WHEREAS, the Planning Commission has recommended that the site be rezoned to from RS (Residential Suburban)to RSF-Y (Residential Single Family-Y) and to include a PD-21 overlay fora five lot subdivision with one lot less than the one-acre minimum lot size; 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 City Council of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said application; and, 184 ITEM NUMBER: B 2 DATE:" 03/09/04 NOW, THEREFORE, the City Council takes the following actions: Section 1. Findings of Approval for Tentative Tract Map, the City Council of the City of Atascadero finds as follows: 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. 3. The proposed subdivision, as conditioned, is consistent with the proposed Planned Development Overlay District#21 (ZCH 2003-0076). 4. The site is physically suitable for the type of development proposed. 5. The site is physically suitable for the density of development proposed. 6. 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. 7. 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. 8. 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. 9. 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. Recommendation of Approval. The City Council of the City of Atascadero, in a regular session assembled on March 9, 2004, resolves to approve Vesting Tentative Tract Map (TTM 2003-0042) subject to the following: Exhibit A: Vesting Tentative Tract Map 2003-0042 Exhibit B: TTM 2003-0042 Grading &Drainage Plan Exhibit C: TTM 2003-0042 Utility Plan Exhibit D: Conditions of Approval/Mitigation Monitoring Program. 185 ITEM NUMBER: B-2 DATE: 03/09/04 • On motion by Council Member and seconded by Council Member the foregoing Resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: George Luna, Mayor ATTEST: • Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Roy A. Hanley, City Attorney i 186 ITEM NUMBER: B-2 DATE: 03/09/04 Exhibit A: Draft Resolution F • Tentative Tract Map 2003-0042 Colima Avenue Tract Map B� a y •* t { r a . f R ez ��� �g ,ate •�r ve` {{ � { / �. ,w ...._ ��, �°``�..-»� 1 A w VWWO 6 41 t a' 'Hilt l x # 6411111 5 9 • r INA ` 187 ITEM NUMBER: B-2 DATE: 03/09/04 • Exhibit B: Draft Resolution F Tentative Tract Map 2003-0042 Colima Avenue Grading$ Drainage Plan USE - ` Sk IN a �,� y t ��, ' S s N a� C � + ° € s . tg AR _ r s , aSR + v € "' r el— . €' a zp u ,iANN,, VO M � d 4 4, 4tj LC + ' AL § , ' n ' ' IN g ��� ' r^ Wim, J „ �« r01 g qw� { 54 41wX 3 -" ,:,e x ` r a SIN j ar ' ..,,.. > ' - Wd > r kv, s € 188 ITEM NUMBER: B-2 DATE: 03/09/04 Exhibit Q Draft Resolution F • Tentative Tract Map 2003-0042 Colima Avenue Utility Plan �E € �'. Off` C iirl'A' swlilFism- ON r �€ x , '411,1 1 ill h� hIn b r- - 945. ,. y. aT€ � - t� OW V k -"` ^F t, `€ s tx } Fr, '^ sn _ • _ a E i - °. r ¢ [ � i � 510 V " . � MW� € . .» �� x . $ = •� a z 4 r AR ir 14 t ` • mow" I 189 ITEM NUMBER: B -2 DATE: 03/09/04 Exhibit D: Draft Resolution F Tentative Tract Map 2003-0042 Conditions of Approval/Mitigation Monitoring Program Colima Avenue Site Conditions Of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure: PS:Planning Services BL:Business License BS:Building Services COLIMA ROAD TTM GP:Grading Perrnit FD:Fire Department BP:Building Permit PD:Police Department FI:Final Inspection CE City Engineer TO:Temporary Occupancy WW:Wastewater Exhibit D FO:FirralOccuparwy CA:City Attorney Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain Planning Services 1. The approval of this zone change and use permit shall BP PS • become final and effective following City Council approval. 2. In the event of any encroachment under the canopy of BP PS the one native oak tree,an arborist report with preservation recommendations shall be completed prior to building permit issuance. 3. The Community Development Department shall have the BP f FM PS 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 Tentative Map. The Planning Commission shall have the final authority to approve any other changes to the Tentative Map. 4. The Tentative Tract Map and subsequent construction BP/FM PS permits shall be consistent with Exhibits A, B and C contained herein. 5. All site development shall be consistent with the BP/FM PS maximum intensities described in the statistical project summary as shown on Exhibit A. 6. Affordable Housing Requirement: The applicant shall FM,BP PS,CE either set aside one housing unit at the moderate category rate for a period of 30 years,or pay an in-lieu fee based on 5.00%of the valuation of each of the market rate units. 190 ITEM NUMBER: B-2 DATE: 03/09/04 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services cngP BS:Building ROAD TTM c dim FD:Fire BP:Building Pernit PD:Police Department FI:Final Inspection CE:04 Engineer TO:Temporary Occupancy WW:Wastewaler Exhibit D FO:Final Occupancy CA CityAitomey Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-00732CH 2003-00722CH 2003-00742CH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain 7. Affordable Workforce Housing FM,BP PS,CE Prior to recordation of final map,the applicant shall enter into a legal agreement with the City to reserve 1/z 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: a.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; • b.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; c.The Atascadero resident or worker restriction shall apply to the initial sale only; d.The applicant shall identify which units will be reserved;and The City Attorney shall approve the final form of the agreement. Building Services 8. A soils investigation prepared by a licensed BP FM Geotechnical Engineer is to be provided for the project. The report is to be provided at the time of building permit submittal along with the building plans for review by the Building Division. Recommendations contained in the report are to be incorporated into the project plans. Fire Marshal 9. Provide a letter from the Atascadero Mutual Water BP BS Company stating the minimum expected water available to the site. Amount available must meet min. requirement specified in the California Fire Code. 10. Note approved address signage is to be provided. BP BS 191 ITEM NUMBER: B -2 DATE: 03/09/04 • Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business License BS:Building Ser*m COLIMA ROAD TTM GP:Grading Permit FD:Fire Department BP:Building Permit PD:Poke Depardnent Fl:Final InspWiDn CE:City Engineer Exhibit D TO:TenpaaryOccupancy WW:wastewater F0:Final Occupancy CA Ciy AWmey Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-00732CH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain 11. Note on plans that fire lanes shall be delineated to BP BS restrict parking as required by the Fire Authority. City Engineer Standard Conditions Drainage: 12. In the event that the applicant bonds for the public FM CE improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. • 13. An engineer's estimate of probable cost shall be FM CE submitted for review and approval by the City Engineer to determine the amount of the bond. 14. The Subdivision Improvement Agreement shall record FM CE concurrently with the Final Map. 15. The applicant shall enter into a Plan Check/inspection GP,BP CE agreement with the City. 16. A six (6) foot Public Utility Easement (PUE) shall be FM CE provided contiguous to the property frontage. 17. The applicant shall acquire title interest in any off-site FM CE 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. 18. Slope easements shall be obtained by the applicant as GP,BP CE needed to accommodate cut or fill slopes. 19. Drainage easements shall be obtained by the applicant GP,BP CE as needed to accommodate both public and private drainage facilities. 20. A preliminary subdivision guarantee shall be submitted FM CE for review in conjunction with the processing of the • tract map. 21. The final map shall be signed by the City Engineer FM CE prior to the map being placed on the agenda for City Council acceptance. 192 ITEM NUMBER: B -2 DATE: 03/09/04 Conditions of Approval/ Timing Responsibility Mitigation • Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL Business L'cense BS:Building Services COLIMA ROAD TTM GR Grading Perm/ FD:Fre Deparonent BP:Building Pemtit PD:Police Department FI:Final Inspection CE:Cly Engineer Exhibit D To:TenWraryOccupaney WW:wastewater FO:Final Occupancy CA Ck Attorney Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain 22. Prior to recording the tract map,the applicant shall pay FM CE all outstanding plan check/inspection fees. 23. Prior to recording the map,the applicant shall bond for FM CE or complete all improvements required by these conditions of approyal. 24. Prior to recording the tract map, the applicant shall FM CE bond for or 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. • 25. Prior to recording the tract map, the applicant shall FM CE 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. 26. All existing and proposed utility, pipeline, open space, FM CE or other easements are to be shown on the final/parcel map. If there are building or other restrictions related to the easements, they shall be noted on the final/parcel map. The applicant shall show all access restrictions on the final/parcel map. 27. Prior to recording the tract map, the applicant shall FM CE 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 parcel map. 28. Prior to the issuance of building permits the applicant GP,BP CE shall submit plans and supporting calculations/reports including street improvements, underground utilities, composite utilities, and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer. 29. The applicant must provide for the maintenance of on- FM CE . site shared improvements.This includes roads, sidewalks,street trees,streetlights,drainage facilities, sewer,recreation areas and common landscaping.The 193 ITEM NUMBER: B -2 DATE: 03/09/04 • Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business License BS:Building Services COLIMA ROAD TTM GP:GradingPermt FD:Fie Department BP:Building Permit PD:Police Department FL Final InspecWn CE:Co Engineer Exhibit D TO:Ten"naryOccupancy WW:Wastewater F0:Final Occupancy CA Cly Allomey Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003 0009/ZCH 2003-0073/ZCH 2003-00722CH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates, Pine Mountain 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. • City Engineer Site Specific.Conditions Drainage: GP,BP CE 30. Provide for the detention of the 50 year developed storm runoff, while metering out the 2 year undeveloped storm runoff. 31. Drainage basins shall be designed to desilt, detain and GP,BP CE meter storm flows as well as release them to natural runoff locations. 32. The drainage basins shall be landscaped with native GP,BP CE plantings. 33. A mechanism for funding and maintenance of the GP,BP CE storm drain facilities shall be provided. 34. Show the method of dispersal at all pipe outlets. GP,BP CE Include specifications for size&type. 35. Show method of conduct to approved off-site drainage GP,BP CE facilities. 36. Concentrated drainage from off-site areas shall be GP,BP CE 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 cannot be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. 37. Applicant shall submit erosion control plans and a GP,BP CE j • Storm Water Pollution Prevention Plan (SWPPP). The Regional Water Quality Control Board shall approve the SWPPP. 194 ITEM NUMBER: B -2 DATE: 03/09/04 Conditions of Approval/ Timing Responsibility Mitigation • Mitigation Monitoring Program /Monitoring Measure PS:Planning Services EL:Business License BS:Building Services COLIMA ROAD TTM GP:Grading Pernik FO:ReDepadnient BP Budding Permit PO:Police Deparirrent R Final Inspection CE:City Engineer Exhibit D TO:TemporaryOecupancy WW:wastewater F0:Final Occupancy CA Cdy Momey Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-00722CH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain Colima Sight Distance Condition GP,BP CE 38. Applicant shall locate private street entrance as necessary to meet minimum sight distance requirements. Final alignment shall be approved by the City Engineer. Public Improvements 39. Prior to recording the final map, provisions for the FM CE repair and maintenance of the paving of the private road shall be included in the CC&R's for this tract. Included shall be a mechanism to maintain the private • street, private sewer, and drainage swale and structures, such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation 40. The applicant shall enter a Subdivision Improvement FM CE Agreement with the City of Atascadero prior to -recording the final map. 41. All public improvements shall be constructed in GP,BP CE conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer Wastewater 42. The Public Works Department shall approve all GP,BP WW wastewater facilities prior to construction. This includes pumps, force mains, cleanouts, manholes and connections. 43. Gravity mains and other sewer facilities within the GP,BP WW subdivision shall be privately owned and maintained. 44. Gravity mains within the subdivision shall be eight (8) GP,BP WW inches in diameter. Colima 45. Sewer main shall extend along the Colima Avenue GP,BP CE . frontage and to all on-site and all off-site locations identified on Exhibit C. The City Engineer shall approve the final design of the sewer. The applicant shall submit 195 ITEM NUMBER: B-2 DATE: 03/09/04 • Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services SL Business License BS:Building Services COLIMA ROAD TTM GP:Grading Pertik FD:Fire Deparinent BP:Building Permit PD:Police Department FI:Final Inspection CE City Engineer Exhibit D TO:Temporary Occupancy WW:Wastewater F0:Final Occupancy CA City Attorney Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-00722CH 2003-0074/ZCH 2003-0076/CUP 2003-01201TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain a map showing the extents of possible service. Atascadero Mutual Water Company 46. Before recordation of the final map,the applicant shall BP BS 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 new 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. 47. Prior to the issuance of building permits,the applicant BP BS shall obtain a"Will Serve"letter from the Atascadero Mutual Water Company for the newly created lots. 48. Before the start of construction on the water system BP BS 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. 49. All water distribution facilities shall be constructed in BP BS conformance with Atascadero Mutual Water Company standards,policies and approved procedures. All cross-connection devices shall be constructed in conformance with AWWA and Department of Health Services standards. 50. Before the issuance of building or permits,the BP BS 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. 51. BP BS M.Reads. 196 ITEM NUMBER: B-2 DATE: 03/09/04 Conditions of Approval/ Timing Responsibility Mitigation • Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL Busness License BS:Building Services COLIMA ROAD TTM GP:Grading Pemd FD:Fire Department BP:Building Perm t PD:Police Department FI:Final Inspection CE City Engineer Exhibit D To:TemporaryOccuWcy WWastewater F0:Final Occupancy CA City Money Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-00742CH 2003-0076/CUP 2003-0120/TTM 2003-0041 fTTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain 52. The Applicant shall submit a hydraulic analysis with BP BS 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 Analysis should identify any offsite improvements that maV be required. 53. The applicant is responsible for designing and BP BS constructing water system improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project. 54. Lots 1,2,3&4 of proposed TTM 2003-0041 shall be BP BS served from existing water main on Portola Road. Mitigation Measure 11A.11: All lighting shall be designed to BP BS,PS,CE 1.d.1 eliminate any off site glare. All exterior site lights shall utilize full cut-off,"hooded"lighting fixtures to prevent offsite light spillage and glare. Mitigation Measure 3.b.1: The project shall be conditioned to BR GP BS,PS,CE 3.b.1 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 197 ITEM NUMBER: B -2 DATE: 03/09/04 • Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Sery ces BL:Business License BS:Building Services COLIMA ROAD TTM GP:Grading Permit FD:Fire Depadmanl BP:Building Pemit PD:Police Department FI:Final Inspection CE:City Engineer Exhibit D TO:Temporary Occupancy WW:Wastewater FO:Final Occupancy CA City AIlomey Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-00732CH 2003-00722CH 2003-00742CH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain 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 plann4ed to be reworked at dates greater than one month after initial grading should be sown with a fast-germinating native grass seed and watered until vegetation is established. 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 198 ITEM NUMBER: B-2 DATE: 03/09/04 Conditions of Approval/ Timing Responsibility Mitigation • Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business License BS:Building Services COLI MA ROAD TTM GP:Grading Permit FD:Fire Department BP:Building Permit PD:Police Department FI:Final Inspection CE:Cly Engineer Exhibit D TO:TenporaryOccupancy WWastewater F0:Final Occupancy CA City M mey Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120n7M 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain 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. M 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 BP PS,BS,CE 4.e.1 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. • 199 ITEM NUMBER: B-2 DATE: 03/09/04 • Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business License BS:Building Services COLIMA ROAD TTM GP:Grading Pemil FD:Fee Department BP:Building Permit PD:Police Department FI:Final Inspection CE:CRy Engineer Exhibit D TO:Temporary Occupancy WW:wastewater F0:Final Occupancy CA City Attorney Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain Mitigation Measure 4.e.2: The developer shall contract with a BP,GP PS,BS,CE 4.e.2 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 unless otherwise directed by project arborist with city approval. (c)As specified by the arborist report and City staff: ■ Fencing: The proposed fencing is highlighted in orange on the grading plan. It 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. The fence must be up before any construction or earth moving begins. The owner shall be responsible for maintaining an erect fence throughout the construction period. The arborist(s), upon notification,will inspect the fence placement once it is erected. ■ Soil Aeration Methods: Soils under the 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 2-4"auger)and the application of moderate amounts of nitrogen . fertilizer. The arborist(s)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 200 ITEM NUMBER: B -2 DATE: 03/09/04 Conditions of Approval/ Timing Responsibility Mitigation • Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business License BS:Building Services COLIMA ROAD TTM GP:Grading Permit FD:Fre Departinent BP:Building Pernit PD:Police Department FI:Final Inspection CE City Engineer Exhibit D TO:Tenporar OmWancy WW:Wastewater F0:Final Occupancy CA City Attorney Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-00742CH 2003-0076/CUP 2003-0120/TTM2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain ■ Grading Within the Drip-Line: Grading should not encroach within the drip-line. If grading is necessary,construction of retaining walls or tree wells or other protection necessary 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. ■ 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 until re-buried. ■ Paving With the Drip-Line: Pervious surfacing is preferred within the drip-line of any oak tree. 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. Also there is to be no parking of equipment or personal vehicles in these areas. ■ 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 Water: No liquid or solid construction waste shall be dumped on the ground within the drip-line of any oak tree. ■ Arborist Meeting: An arborist shall be present for selected activities(trees identified on spreadsheet)and pre-construction fence placement. The monitoring does not necessarily have to be continuous but observational at times during the above activities. If there is a"yes"in the monitoring column,this is 100%mandatory. Pre-Construction Meeting: An on-site pre- construction meeting with the arborist(s),owner, planning staff,and the earthy moving team may be required for this project. Prior to final occupancy, a letter from the arborist(s)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(s)were on site for all grading and/or trenching activity that encroached into the drip-line of the selected native trees,and that all work done in these areas was 201 completed to the standards set forth above. ITEM NUMBER: B-2 DATE: 03/09/04 . Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program iMonitoring Measure PS:Planning Services BL:Business License BS:Building Services COLIMA ROAD TTM GP:GradingPermt FD:FireDepadment BP:Building Pernit PD:Police Department FI:Final Inspection CE:Cil Engineer Exhibit D TO:TerrporaryOocWancy WW:Wastewater F0:Final Occupanq CA Cil Mmey Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-01201TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain Mitigation Measure 6.b.1: The grading permit application GP PS,BS,CE 6.b.1 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. Mitigation Measure 6.b.2: All cut and fill slopes shall be GP BP,BS s.b.2 hydroseeded with an appropriate erosion control method (erosion control blanket, hydro-mulch,or straw mulch appropriately anchored) immediately after completion of earthwork between the months of October 15 through April 15. • All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean-up of any mud or debris that is tracked onto public streets by construction vehicles. Mitigation Measure 6.e.1: Percolation tests are required for all BP,GP PS.BS.CE 6.e.1 lots not served by sewer before building permits for residences can be issued. Mitigation Measure 8e.f.t: A Stormwater Pollution Prevention GP PS,BS,CE 8.e.f.1 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. Mitigation Measure 8.e.f.2: The developer is responsible for GP PS,BS,CE 8.ef.2 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. • 202 ITEM NUMBER: B-2 DATE: 03/09/04 Conditions of Approval/ Timing Responsibility Mitigation • Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business License BS:Building Services COLIMA ROAD TTM GPI.Grading del FD:Fre Department BP:Building Permit PD:Police Departs ent R:Final Inspection CE:G4 Engineer Exhibit D TO:TemporaryOccpancy WW:wastewater FO:Final Occupancy CA City Attorney Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-00742CH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road-De Anza Estates,Pine Mountain Mitigation Measure 11.d.1: All construction activities shall BP,GP PS,BS,CE 11.d.1 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 7p.m. Monday through Friday • 9 a.m.to 6 p.m.Saturday&Sunday Further,particularly loud noises shall not occur before 8 a.m.on weekdays and not at all on weekends. • The Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors may modify the hours of construction. 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. Staff shall approve the details of such a sign during the Grading Plan/Building Permit review process. i 203 ITEM NUMBER: B-2 DATE: 03/09/04 • ATTACHMENT 13: Draft Resolution G CUP 2002-0067 Amendment(Master Plan of Development) Ferrocaril Road-De Anza Estates Site DRAFT RESOLUTION G A RESOLUTION OF THE ATASCADERO CITY COUNCIL APPROVING CONDITIONAL USE PERMIT AMENDMENT 2002-0067, ADOPTING A MASTER PLAN OF DEVELOPMENT AMENDMENT FOR APN 049-011-004 (Ferrocaril Road De Anza Estates/Gearhart) WHEREAS, an application has been received from Kelly Gearhart (6205 Alcantara Avenue, Atascadero, CA 93422), Applicant and Property Owner to consider a project consisting of a Zone Change from RS (Residential Suburban) to RSF-Y (Residential Single Family-Y), an amendment to an existing Master Plan of Development, and a Vesting Tentative Tract Map on APN 049-011-004; and, • WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2003-0069 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 has recommended that the site's General Plan designation be amended from SE(Suburban Estate) to SFR-Y (Single-Family Residential— Y); and, WHEREAS, the Planning Commission has recommended that a site be rezoned from RS (Residential Suburban) to RSF-Y (Residential Single Family-Y); and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Master Plan of Development to protect the health, safety and welfare of its citizens by applying orderly development and expanding housing opportunities within the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the City Council of the City of Atascadero at which hearing . evidence, oral and documentary, was admitted on behalf of said zoning amendments; and, 204 ITEM NUMBER: B-2 DATE: 03/09/04 NOW,THEREFORE, the City Council takes the following actions: SECTION 1.Findings for Approval of Master Plan of Development. 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-16 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. Findings for Approval of Tree Removal Permit. The City Council finds as follows: The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: ■ Early consultation with the City; ■ Consideration of practical design alternatives; ■ Provision of cost comparisons (from applicant) for practical design alternatives; ■ If saving tree eliminates all reasonable uses of the property; or ■ If saving the tree requires the removal of more desirable trees. 205 ITEM NUMBER: B-2 DATE: 03/09/04 SECTION 3.Recommendation of Approval. The City Council of the City of Atascadero, in a regular session assembled on March 9, 2004, resolves to approve Master Plan of Development (CUP 2002-0067) subject to the following Exhibit A: Conditions of Approval/Mitigation Monitoring Program Exhibit B: Vesting Tentative Tract Map Exhibit C: Elevations and Floor Plans Exhibit D: Arborist Report Exhibit E: Tree Protection Plan • • 206 ITEM NUMBER: B-2 DATE: 03/09/04 On motion by Council Member and seconded by Council Member the foregoing Resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: George Luna, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Roy A. Hanley, City Attorney • 207 ITEM NUMBER: B -2 DATE: 03/09/04 • Exhibit A: Draft Resolution G Conditions of Approval/Mitigation Monitoring Program CUP 2002-0067 Master Plan of Development Ferrocaril Road-Do Anza Estates Site Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business License BS:Building Services FERROCARIL ROAD CUP AMENDMENT GP:Grading Pernik FD:FireDepadrneni BP:Building Permit PD:Police Department FI:Final inspection CE:City Engineer Exhibit A TO:Temporary Occupancy WW:wastewater F0:Final Occupancy CA City Attorney Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road-De Anza Estates,Pine Mountain Planning Services 1. The approval of this zone change and use permit shall BP PS become final and effective following City Council • approval. 2. Approval of this Master Plan of Development shall be FM PS valid concurrently with the life of Tentative Tract Map 2003-0042 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. 3. Changes to the Master Plan of Development shall be On-going PS approved by the Planning Commission and do not require Council action. 4. The Community Development Department shall have the 13P/FM PS 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. 5. All subsequent Tentative Tract Map and construction BP/FM PS permits shall be consistent with the Master Plan of Development contained herein. 6. All exterior elevations,finish materials and colors shall be BP PS consistent with the Master Plan of Development as shown in Exhibits B and C. 208 ITEM NUMBER: B-2 DATE: 03/09/04 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL Business License BS:Building Services FERROCARIL ROAD CUP AMENDMENT GR GradingPemdt FD:Fire Department BP:Building Penn PD:Police Deparlimni FI:Final Inspection CE:CAy Engineer Exhibit A TO:TenporaryOccupanoy ww:Wastewater FO:Final Occupancy CA City Attorney Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041lrTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain 7. All site development shall be consistent with the BP/FM PS maximum intensities described in the statistical project summary as shown on Exhibit B. 8. All site work,grading,and site improvements shall be BP/FM PS consistent with the Master Plan of Development as shown in B and D. 9. All applicable conditions of approval and mitigations BP PS,BS,CE from the previously approved Ferrocaril-De-Anza Estates PD-16 project(ZCH 2002-0029,CUP 2002-0067,TTM 2002-0014) shall be incorporated by reference. 10. All project fencing shall be compatible with the overall BP PS - project design,subject to staff approval. 11. Affordable Housing Requirement: The applicant shall FM,BP PS,CE either set aside one housing unit at the moderate category rate for a period of 30 years,or pay an in-lieu fee based on 5.00%of the valuation of each of the (5) market rate units. 12. Affordable Workforce Housing FM,BP PS,CE Prior to recordation of final map,the applicant shall enter into a legal agreement with the City to reserve t/2 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 209 ITEM NUMBER: B -2 DATE: 03/09/04 • Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business License BS:Building Services FERROCARIL ROAD CUP AMENDMENT GP:Grading Permil FD:Fireoepadnnent BP:Building Penn PD:Police Departmerd FI:Final Inspectbn CE Ciy Engineer TO:Tenporary Occupancy WW:Wastewater Exhibit A FO:FinalOcra,pancy CA:CiyMomey Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 00092CH 2003-00732CH 2003-00722CH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain 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. 13. All homes shall be consistent with the design intent BP PS identified in Exhibit C. • All exterior material finishes(brick,stone,plank siding, materials,lighting,garage doors)shall be durable,high quality,and consistent with the architectural appearance of each home. A variety of garage doors shall be used,be of superior design quality,and painted to match the residence main body color. 14. Second units shall be restricted from all 20 residential BP,FM PS,CE lots within the Ferrocaril-De Anza Estates overall project area. 15. The applicant shall pay$100 for native tree mitigation FM PS,CE into the City's tree replacement fund. Building Services 16. A soils investigation prepared by a licensed BP FM Geotechnical Engineer is to be provided for the project. The report is to be provided at the time of building permit submittal along with the building plans for review by the Building Division. Recommendations contained in the report are to be incorporated into the project plans. Fire Marshal 17. Final street name selection shall be consistent with the BP PS, BS • future street extension,subject to staff approval. 18. Provide a letter from the Atascadero Mutual Water BP BS Company stating the minimum expected water 210 ITEM NUMBER: B-2 DATE: 03/09/04 Conditions of Approval/ Timing, Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning SwAces BL:Business License BS:Building Services FERROCARIL ROAD CUP AMENDMENT GP:Grading Perrri FD:FireDeparinnt BP:Building Pert it PD:Police Deparhent FI:Final Inspectpn CE:Ciy Engineer Exhibit A TO:Temporary Occupancy WW:Wastewater FO Final Occupancy CA:Cdy Atbmey Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-00742CH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain available to the site. Amount available must meet min. requirement specified in the California Fire Code. 19. Note approved address signage is to be provided. BP BS 20. Note on plans that fire lanes shall be delineated to BP BS restrict parking as required by the Fire Authority. City Engineer Standard Conditions Drainage: 21. The applicant shall enter into a Plan Check/inspection GP,BP CE • agreement with the City. 22. A six (6) foot Public Utility Easement (PUE) shall be FM CE provided contiguous to the property frontage. 23. Slope easements shall be obtained by the applicant as GP,BP CE needed to accommodate cut or fill slopes. 24. Drainage easements shall be obtained by the applicant GP,BP CE as needed to accommodate both public and private drainage facilities. 25. A preliminary subdivision guarantee shall be submitted FM CE for review in conjunction with the processing of the tract map. 26. The final map shall be signed by the City Engineer FM CE prior to the map being placed on the agenda for City Council acceptance. 27. Prior to recording the tract map,the applicant shall pay FM CE all outstanding plan check/inspection fees. 28. Prior to recording the map, the applicant shall bond for FM CE or complete all improvements required by these conditions of approval. 29. Prior to recording the tract map, the applicant shall FM CE bond for or 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. 30. Prior to recording the tract map, the applicant shall FM CE • submit a map drawn in substantial conformance with the approved tentative map and in compliance with all 211 ITEM NUMBER: B-2 DATE: 03/09/04 • Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL Business License BS:Building Services FERROCARIL ROAD CUP AMENDMENT GP:GradingPerrrit FD:FireDepartmem BP:Building Penn t PD:Police Department FI:Final Irspectgn CE:City Engineer Exhibit A TO:Temwrary Occuprq WW:wastewater F0:Final Occupancy CA Cily Attorney Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-00742CH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain 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. 31. All existing and proposed utility, pipeline, open space, FM CE or other easements are to be shown on the final/parcel map. If there are building or other restrictions related to the easements, they shall be noted on the final/parcel map. The applicant shall show all access restrictions on the final/parcel map. 32. Prior to recording the tract map, the applicant shall FM CE 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 parcel map. 33. Prior to the issuance of building permits the applicant GP,BP CE shall submit plans and supporting calculations/reports including street improvements, underground utilities, composite utilities, and grading/drainage plans prepared by a registered civil engineer for review and approval by the Citv Engineer. 34. The applicant must provide for the maintenance of on- FM CE site shared improvements.This includes roads, sidewalks,street trees,streetlights,drainage facilities, sewer,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. City Engineer Site Specific Conditions 212 ITEM NUMBER: B-2 DATE: 03/09/04 Conditions of Approval/ Timing Responsibility Mitigation • Mitigation Monitoring Program /Monitoring Measure PS:Planning Services; BL:Business license BS:Building Services FERROCARIL ROAD CUP AMENDMENT GP:Grading Permil FO:Fire DepaNrent BP:Building Permit PD:Police Department Fl:Final Inspection CE:Ciy Engineer M.Temporary Occupancy WW:Wastexate Exhibit A FO.Final Occupancy CACiyMwey Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-00732CH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain Public Improvements 35. Prior to recording the final map, provisions for the FM CE repair and maintenance of the paving of the private road shall be included in the CC&R's for this tract. Included shall be a mechanism to maintain the private street, private sewer, and drainage swale and structures, such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation Atascadero Mutual Water Company 36. Before recordation of the final map,the applicant shall BP BS • 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 new 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. 37. Prior to the issuance of building permits,the applicant BP BS shall obtain a"Will Serve"letter from the Atascadero Mutual Water Company for the newly created lots. 38. Before the start of construction on the water system BP BS 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. 39. All water distribution facilities shall be constructed in BP BS conformance with Atascadero Mutual Water Company standards,policies and approved procedures. All cross-connection devices shall be constructed in conformance with AWWA and Department of Health Services standards. 40. Before the issuance of building or permits,the BP BS . applicant shall provide AMWC with easements for those water facilities proposed for operation and maintenance by AMWC that are constructed outside of 213 ITEM NUMBER: B-2 DATE: 03/09/04 • Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business License BS:Building Services FERROCARIL ROAD CUP AMENDMENT GP:Grading Pen it FD:Fire Dep drnent BP:Building Pernd PD:Police Department FI:Final Inspection CE:City Engineer Exhibit A TO:TenporaryOccuparq- WW:Wastewater F0:Fecal Occupancy CA City Mwey Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/f TM 2003-0041/TTM 2003 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain publicly maintained right-of-ways. AMWC shall review the form and content of the easements before recordation. 41. The water FnaiRs F9q6liFed te SeFve the pFejent shall he BP BS laid out on a gFid or looped patt9FR and shall-enment to GGmrnaFReads. 42. The Applicant shall submit a hydraulic analysis with the BP BS 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 Analysis should identify any offsite improvements that may be required. 43. The applicant is responsible for designing and BP BS constructing water system improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project. 44. BP BS sewed 49FA existing wat9F main eR 129491a Read. I I I Mitigation Measure 1.d.1: All lighting shall be designed to BP BS,PS,CE 1.d.1 eliminate any off site glare. All exterior site lights shall utilize full cut-off,"hooded"lighting fixtures to prevent offsite light spillage and glare. Mitigation Measure 3.b.1: The project shall be conditioned to BP,GP BS,PS,CE 3.b.1 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 214 ITEM NUMBER: B -2 DATE: 03/09/04 Conditions Of Approval/ Timing Responsibility Mitigation • Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL Business License 6S:Binding Services FERROCARIL ROAD CUP AMENDMENT GP:Grading Pernt FD;Fireoepaninent $P:Building Permit PD:Police Department Fl:Final Inspection CE Ciy Engineer Exhibit A TO:TempmaryOccupanq WW:Wastexater F0:Final Occuparq CA City Adomey Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 00092CH 2003-0073/ZCH 2003-0072/ZCH 2003-00742CH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067lrTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain 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 plann4ed to be reworked at dates greater than one month after initial grading should be sown with a fast-germinating native grass seed and watered until vegetation is established. 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 ads should be laid as soon as possible after 215 ITEM NUMBER: B-2 DATE: 03/09/04 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services FERROCARIL ROAD CUP AMENDMENT c Grading nd FLicense D:Fire�gnent BP:Building Permit PD:Police Department FI:Final Inspectbn CE C ty Engineer Exhibit A TO:Temporary Occupancy WW:Wastewater F0:Final Occupancy CA City Attorney Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain 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. 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 BP PS,BS,CE 4.&1 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. 216 ITEM NUMBER: B-2 DATE: 03/09/04 Conditions of Approval/ Timing Responsibility Mitigation i Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL Business License BS:Building Services FERROCARIL ROAD CUP AMENDMENT GP:GradingPerrm FO:Fire oepartment BP:Building Perm PD:Police Deparlrrrent FI:Final Inspection CE:City Engineer Exhibit A TO:TerrporaryOccupancy WW:Wastewater F0:Final Occupancy CA City Paomey Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-00732CH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain Mitigation Measure 4.e.2: The developer shall contract with a BR GP PS,BS,CE 4.e.2 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 unless otherwise directed by project arborist with city approval. (e) As specified by the arborist report and City staff: • Fencing: The proposed fencing is highlighted in orange on the grading plan. It 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. The fence must be up before any construction or earth moving begins. The owner shall be responsible for maintaining an erect fence throughout the construction period. The arborist(s), upon notification,will inspect the fence placement once it is erected. ■ Soil Aeration Methods: Soils under the 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 24"auger)and the application of moderate amounts of nitrogen fertilizer. The arborist(s)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 217 ITEM NUMBER: B-2 DATE: 03/09/04 • Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL Business License BS:Building Services FERROCARIL ROAD CUP AMENDMENT GP:GradingPermd FD:FireDepaemant BP:Budding Permit PD:Police Department FI:Final InspecWn CE City Engineer Exhibit A TO:TeMmmryOmWancy WW:wastewater F0:Final Occupancy CA,Cily Ntomey Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates, Pine Mountain ■ Trenching Within the Drip-Line: All trenching under the 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 sharp pruning tools and not left ragged ■ Grading Within the Drip-Line: Grading should not encroach within the drip-line. If grading is necessary,construction of retaining walls or tree wells or other protection necessary 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. ■ 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 until re-buried. ■ Paving With the Drip-Line: Pervious surfacing is preferred within the drip-line of any oak tree. 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. Also there is to be no parking of equipment or personal vehicles in these areas. ■ 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 Water: No liquid or solid construction waste shall be dumped on the ground within the drip-line of any oak tree. ■ Arborist Meeting: An arborist shall be present for selected activities(trees identified on spreadsheet)and pre-construction fence placement. The monitoring does not necessarily have to be continuous but observational at times • during the above activities. If there is a"yes"in the monitoring column,this is 100%mandatory. 218 ITEM NUMBER: B-2 DATE: 03/09/04 Conditions of Approval/ Timing Responsibility Mitigation • Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business License BS:Building SerAxis FERROCARIL ROAD CUP AMENDMENT GP.GradingPenmit FD:FireDeparlment BP:Building Permit PD:Police Depadmenq Fl:Final lnspeftn CE:City Engineer Exhibit A TO TerrpmryOco�ancy WW:wastewater F0:Final Occuparq CA City Mirney Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain ■ Pre-Construction Meeting: An on-site pre- construction meeting with the arborist(s),owner, planning staff,and the earthy moving team may be required for this project. Prior to final occupancy, a letter from the arborist(s)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(s)were on site for all grading and/or trenching activity that encroached into the drip-line of the selected native trees,and that all work done in these areas was • completed to the standards set forth above. Mitigation Measure 6.b.1: The grading permit application GP PS,BS,CE 6.b.1 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. Mitigation Measure 6.b.2: All cut and fill slopes shall be GP BP,BS 6.b.2 hydroseeded with an appropriate erosion control method (erosion control blanket, hydro-mulch,or straw mulch appropriately anchored)immediately after completion of earthwork between the months of October 15 through April 15. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean-up of any mud or debris that is tracked onto public streets by construction vehicles. Mitigation Measure 6.e.1: Percolation tests are required for all BP,GP PS.BS.CE 6.e.1 lots not served by sewer before building permits for residences can be issued. Mitigation Measure 8e.f.1: A Stormwater Pollution Prevention GP PS,BS,CE 8.e.f.1 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. 219 ITEM NUMBER: B-2 DATE: 03/09/04 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL Business License BS:Building Services FERROCARIL ROAD CUP AMENDMENT GP:GradingPennit FD:Fire Department BR Building PerrtnT PD:Poke Department FI:Final Insimfion CE:Cly Engineer TO:Terrywrary Occupancy WW:Wastewater Exhibit A FO:Final Occupancy CACilymomey Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain Mitigation Measure 8.e.f.2: The developer is responsible for GP PS,BS,CE 8.0.2 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. Mitigation Measure 11.d.1: All construction activities shall BP,GP PS,BS,CE 11.d.1 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&Sunday Further,particularly loud noises shall not occur before 8 a.m.on weekdays and not at all on weekends. The Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors may modify the hours of construction. 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. Staff shall approve the details of such a sign during the Grading Plan/Building Permit review process. • 220 ITEM NUMBER: B-2 DATE: 03/09/04 Exhibit B: Draft ResolutionG CUP 2002-0067 Master Plan of Development Tentative Tract Map Ferrocaril Road-De Anza Estates Site + Xr s t l �i P � MyVS� � r a X � • is � � � �: I � AII 4% FIs � � rtil ` > 11121 1, 221 ITEM NUMBER: B-2 DATE: 03/09/04 • Exhibit C: Draft Resolution G CUP 2002-0067 Master Plan of Development Elevations and Floor Plans Ferrocaril Road-De Anza Estates Site RECEIVE ■ DEC 1 b 2003 1 C4MMU%M 4EVELOPMEt31 rta�ree X517 I I x� 77,77 ^;rte O THE SANTA BA ARA FZB ■ 1971 S.P.RESIDENCE W/2 GARAGE ■ 222 ITEM NUMBER: B-2 DATE: 03/09/04 Exhibit C: Draft Resolution G • CUP 2002-0067 Master Plan of Development Elevations and Floor Plans Ferrocaril Road-De Anza Estates Site • RECEIVED w. • CLEC f 0 2003 I i ( mmorew-yulrt coir'AUNITY DEVELOPMENT [6 - ' 1 I L THE SANTA BARBAR-A 1. I. ■ ■ 1971 S.F.RESIDENCE W/3-CAR GARAGE ■ • 223 ITEM NUMBER: B-2 DATE: 03/09/04 • Exhibit C: Draft Resolution G CUP 2002-0067 Master Plan of Development Elevations and Floor Plans Ferrocaril Road-De Anza Estates Site I L { e 47 1N T. THE SANI I % BAR..BAR...A ■ 1971&1.It,.NI NCA"AV7C:AP,CAlt_AGL.ANDSttOPAVICAft"A At"L■ 224 ITEM NUMBER: B -2 DATE: 03/09/04 Exhibit D: Draft Resolution G • CUP 2002-0067 Master Plan of Development Arborist Report Ferrocaril Road-De Anza Estates Site J7 A 1615 Lup Laae,T l ifbrr , 34 1.22 }3 Tw Kelly Goaftrt prop; Steven Alva Chip Tatnagot Certified Arborists,A -T Ar r,*, iet T 2591.Lot SOU This report In TeSwAs to the development affract 2591 on El A, dor+� • Caii6mkL,Tesproperty:consists Otriolling hill&slop' `,downtoT .". - - towering the swituis Wit.Thi,are tt t .tmatore,coat ll° 0A trao's(Q, tta)arid whiff 'oak trees splu th re rd to airy steo1i tts:t4 :, ressed rep t ". h JkKion dAo be slaved are . with yellow- pe ire the on the . :� ia'� 14 " . have 4 " 2")a _' -pla � n: Co t Cdr s r dsl ` sanrsxdln to the - pans, T a "1 . * tttrtt" ill. be removed 12tdh.ac ",for severals maybe m4twedor el. idforsoa s d, t£ais art. ` Trech#141 am on lot L#1219 onloi4r.0 an 10 3,*214 22 on lot 5,423 on lot #24-26,on lot 7.and 27-33 art lot 10. We use a trec ratiag of 1-10 dor m the overall conditiboof owl tree o -thespreadsbot. Aof a "amu` a dead tree in the;pote nnp t- .'-A tree ra` t" f one isnsed , for atret that has evkleac-e of rasssive Past fallul_.�WaVOM discasa and is spwreAcclim, A rpt` oft o'is fear a tri m y b6, antWon to class 4 pnwia&ubmWpeq era*afion and,f4twv mon` x Alaft of mitigated by pruu%,. A rating of 4,vAll WWe Irees thO lm�siffihst: lu s' exassivei dcidwoo4 or ming. �d ' ��+ pr " A rating of five.ls a re tiveli.la treee with "tom c r pest ..r rating ofsix is,used-fi)fg,healthy treelhatprobobly can be kft,i to l . lWings 7» Are d'for tom. had p per= �l °.p ftand attention and hwe M apparent structural de'lr . A rr .rit'10 is usedlbr n speeieaa tam with fr t shape,stsue afia id prpte etl "' {i.e. it,'arborem ). 225 ITEM NUMBER: B-2 DATE: 03/09/04 • Exhibit D: Draft Resolution G CUP 2002-0067 Master Plan of Development Arborist Report Ferrocaril Road-De Anza Estates Site The owner shall a soleiy,re"n ible infrrovidin a copy'af tw's prat bora plan to- an end X11 ctttnitoxx tit ea " . ""with the drip lig ofar% . ve.t c;=1 t is " ad ' the wxaer h€s- l co "for sign his al, , full i .inkip . measures/methods must be fulty'understood arid f ll wed, Any to clarification win be Provided by us(the arbo upon refit:" I. Fencing; Must be a natuimurit of 401 high., `"lam, car ty"f e staked at the drib-�or line ofea>cr°a�acl i tt:fur tri Of. iiia of trees. "tae ftict must lie up"before any constra r earth be ` h T a Ghali" " r �icor t ainttai " a e" ehrau ut the nArtteti f n peril. The arborist(sY shall` ct tic fence Owment once it iszoreeted.- This is" tory for this prcijt.' 2. Sail Aeration, Methods; Strip under the drip4 "s tb4t l vn,be "c ctetl by heavy e� , or .< ..its b r t- tot i ' " s tc beforein work is,conilileted., Meds includewMerjetting, d " gor err,ad Writil;small Wks" an aupw(181"deep, � 'apart whh,a W,at �pplicataean of�d�_�rau sof nitroCtt feirtilir. T arfa�s}:till Vii . ; 3. +shipmulch: Aft �" `� " ofthe"tr thate end. shml ive"a - "layer of chip mulch to in isturc,-soil structm and,reduce the effects of S610 eu, tioa, . Tre"hing Within The drip-finer All t ch4 under then,drip-lid ofratir trees shall be dui,a; ed.e r fared; All major roots -be avoided whenever possible, All e.Vosed roots1argor than V is diameter shallbe dean cut wilds a sharp pruning tools and not"left ragged,; Grading Within The Grading shouldnot,encroach wig drip- rad xf: i r �ry,rtruion of ini c llsth Protection Measures my: y toinsurc the survivhbility of des Cly ,u 4-6*'in depth mquired,in these arw& Gradingshould not disc ttl norrad drainage pattorn around the tis. pills shmild not treatea ponding conditirm and excavations shcuulid not leave the trecon a rapid l .draluig mound. Grading ill be'dos by ern h"the drip4ino to avoid . ` 8 tests, 6. spes Ra : Any.Mosedroots-shall,hetwovered the muedayflicy, were e Ift ,y tat,th y.r ust be coo 'r ith burlaporatiotbersultable materiall and wetted dog 2s per day: 7. raving Within,Tic Drip4inet Povious surfliding is"pre,ferr t within the drilp4inc of any,oak trea.,Arborist( )will advi . tl. 9aipmnnt Oper ion- Vehicles and all heavy equipment shall not b drrveoa under,the trecsas this will contribute to al compaction._` 226 ITEM NUMBER: B-2 DATE: 03/09/04 Exhibit De Draft Resolution G • CUP 2002-0067 Master Plan of Development Arborist Report Ferrocaril Road-De Anza Estates Site 9, n" f e t films i ` gmun smf tl < "line ofall oak dM not b6 cut.01PA compacted or pared. l tl, construetion Wtorials And Waste: No Nuid or soli ti tion waste shall be dusnpcd on the ground*W*t the dirt -diip-linc ofany,oak 11. Arborist M awing; , , l W,Pre axt err Wed act", do "t t a" ri1y have to he canthwotts but o al"at im -d t . AGaatiad Matg: Arroat-:+ rc#1 rin itla the n$((),turner,Pknr1hV 3t tie. t be reqUired rot this the lt� t riot�t o' �a t yarn :ar, : ��, tai"requited ver' h lth1conditi ofallins, ,n-4 . tt ndatlo any, additional roitigation. The fitter shallverify tt ,tlie „ tW on for all or t V-64ft w0mity thar Oncroachod:bO thodrip-11m of ". *41046" trocs,and that al work,done in ' d thoe xtxuukrds` ri above. A pointedouton-the dslt etree#12 is"avert'hw-ardwstrce� This P—white-oak has severalpast fallttre nutttcrr,is ca*ks,and woodp6*cr iu&torsi n, Thedr`tlt4 - si xt iliodrip-' ofthimii,arid,shouid.WpWmedooss$fy46 the, Wad YIS% tro6i*14aaW#1154cramissW injba" f lJr dsh ld he szt o n bj, 1. inf rev'aa " rr t ofd . mod" Prunhi is �ssary:for to ecefor""tri 1�, r�i �. i vise-dto rbc be ��,Tl rc,ad ettt"ait t ette of troe"�t}� l ",�arlrt,�G:�riit forst rt r.16 � � n,t '` � f 036 and 031 to avoid arty°' ct. T #28 Ote orgy tam"t"WIR rid to rtmved,however,the bots way br,able to be,re-positioned to savc this trete included e .i t .� -arid W st pplt tile,d riaat ate, (4aott(sem f to excel °"stuthvold � � retd, pt��pert�ntofdrx"� t� ". t'uttt required( ) cotes tip" t(l rsetseR ete. and iadiwW Dr t 227 ITEM NUMBER: B-2 DATE: 03/09/04 • Exhibit D: Draft Resolution G CUP 2002-0067 Master Plan of Development Arborist Report Ferrocaril Road-De Anza Estates Site 4 Pleaw let us know if we can be of eny future to you for this pro*t, Steven ,Ahmra CetfifiedArborist#0511 Chip T d CenWwd Arbor' #6436A • • 228 ITEM NUMBER: B-2 DATE: 03/09/04 Exhibit E: Draft Resolution G CUP 2002-0067 Master Plan of Development Tree Protection Plan Ferrocaril Road-De Anza Estates Site y • 229 ITEM NUMBER: B-2 DATE: 03/09/04 iAttachment 14: Draft Resolution H Tentative Tract Map 2003-0045 Ferrocaril Road-De Anza Estates Site DRAFT RESOLUTION H A RESOLUTION OF THE VITY COUNCIL OF THE CITY OF ATASCADERO APPROVING VESTING TENTATIVE TRACT MAP 2003-0045,A SIXTEEN-LOT MAP CONSISTENT WITH A PD-16 OVERLAY ZONE OF APN 049-011-004 (Ferrocaril Road -De Anza Estates/Gearhart) WHEREAS, an application has been received from Kelly Gearhart (6205 Alcantara Avenue, Atascadero, CA 93422), Applicant and Property Owner to consider a project consisting of a zone change of RSF-Y / PD-16 (Residential Single-Family-Y / Planned Development Overlay#16) with the adoption of a Master Plan of Development Amendment, and a 20-lot residential Tentative Tract Map on APN 049-011-004; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2003-0069 . 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 has recommended that the site's General Plan designation be amended from SE(Suburban Estate) to SFR-Y(Single-Family Residential— Y); and, WHEREAS, the Planning Commission has recommended that a site be rezoned from RS (Residential Suburban) to RSF-Y (Residential Single Family-Y); and, WHEREAS, the Planning Commission has recommended that the Master Plan of Development (CUP 2002-0067) on the site be amended; 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 City Council of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said application; and, 230 ITEM NUMBER: B-2 DATE: 03/09/04 i NOW, THEREFORE, the City Council takes the following actions: Section 1. Findings of Approval for Tentative Tract Man, the City Council of the City of Atascadero finds as follows: 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. 3. The proposed subdivision, as conditioned, is consistent with the proposed Master Plan of Development Amendment (CUP 2002-0067). 4. The site is physically suitable for the type of development proposed. 5. The site is physically suitable for the density of development proposed. 6. 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. • 7. 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. 8. 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. 9. 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. Recommendation of Approval. The City Council of the City of Atascadero,in a regular session assembled on March 9, 2004,resolved to recommend that the City Council approval of Vesting Tentative Tract Map (TTM 2003-0045) subject to the following: 1. Exhibit A: Vesting Tentative Tract Map 2003-0045 2. Exhibit B: Conditions of Approval/Mitigation Monitoring Program. • 231 ITEM NUMBER: B-2 DATE: 03/09/04 On motion by Council Member and seconded by Council Member the foregoing Resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: George Luna, Mayor ATTEST: • Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Roy A. Hanley, City Attorney 232 ` 2.P141-1111"',�� f� ,�,�r'1u�..::rt,y%f YYeMM,� ■ Y YYYY■Y i rlI�IYYY��i11M� ��� A Pit 1 t, I t+�►. ITEM NUMBER: B -2 DATE: 03/09/04 • Exhibit B: Draft Resolution H Tentative Tract Map 2003-0045 Conditions of Approval/Mitigation Monitoring Program Ferrocaril Road-De Anza Estates Site Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL Business License BS:Building Services FERROCARIL ROAD TTM GP:Grading Permit FD:FireDeparlment BP:Building Pemtit PD:Police Department FI:Final Inspectbn CE:City Engineer Exhibit A TOTeWrary�pwcY :wastewater : parq CA CO Nromey Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road-De Anza Estates, Pine Mountain Planning Services 1. The approval of this zone change and use permit shall BP PS • become final and effective following City Council approval. 2. The Community Development Department shall have the 13P/FM PS 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. 3. All applicable conditions of approval and mitigation BP/FM PS measures from the previously approved Ferrocaril-De- Anza Estates PD-16 project(ZCH 2002-0029,CUP 2002-0067,TTM 2002-0014)shall be incorporated by reference. 4. All site development shall be consistent with the BP/FM PS maximum intensities described in the statistical project summary as shown on Exhibit A. 5. All site work,grading and site improvements shall be BP/FM PS consistent with the Master Plan of Development as shown on Exhibit A. 6. Affordable Housing Requirement: The applicant shall FM,BP PS,CE • pay an in-lieu fee based on 5.00%of the valuation of each of the(5)market rate units. 234 ITEM NUMBER: B-2 DATE: 03/09/04 Conditions of Approval/ Timing Responsibility Mitigation • Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL Business License BS:Building Services FERROCARIL ROAD TTM GP:GradingPermB FD:Fire Departrnent BP:Building Pemtit PD:Police Department Fl:Final Inspection CE:City Engineer TO:Temporary Occupancy WW:Wastevraier Exhibit A FO:Final Occupancy CA,CilyAttorney Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain 7. Affordable Workforce Housing FM,BP PS,CE Prior to recordation of final map,the applicant shall enter into a legal agreement with the City to reserve 1/2 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. 8. Second units shall be restricted from all 20 residential FM,BP PS,BS lots within the Ferrocaril-De Anza Estates overall project area. Building Services 9. A soils investigation prepared by a licensed BP FM Geotechnical Engineer is to be provided for the project. The report is to be provided at the time of building permit submittal along with the building plans for review by the Building Division. Recommendations contained in the report are to be incorporated into the project plans. Fire Marshal • 235 ITEM NUMBER: B-2 DATE: 03/09/04 • Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL Business License BS:Building Services FERROCARIL ROAD TTM GP:Grading Pemul FD:Fre Department BP Building Pemtit PD:Pdice Department FI:Final Inspection CE:Qy Engineer Exhibit A TO:Tempaaryoccupancy WWastewacer F0:Final Occuparicy CA City Attomey Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain 10. Final street name selection shall be consistent with the BP PS,BS future street extension,subject to staff approval. 11. Provide a letter from the Atascadero Mutual Water BP BS Company stating the minimum expected water available to the site. Amount available must meet min. requirement specified in the California Fire Code. 12. Note approved address signage is to be provided. BP BS 13. Note on plans that fire lanes shall be delineated to BP BS restrict parking as required by the Fire Authority. • City Engineer Standard Conditions Drainage: 14. The applicant shall enter into a Plan Check/Inspection GP,BP CE agreement with the City. 15. A six (6) foot Public Utility Easement (PUE) shall be FM CE provided contiguous to the property frontage. 16. Slope easements shall be obtained by the applicant as GP, BP CE needed to accommodate cut or fill slopes. 17. Drainage easements shall be obtained by the applicant GP, BP CE as needed to accommodate both public and private drainage facilities. 18. A preliminary subdivision guarantee shall be submitted FM CE for review in conjunction with the processing of the tract map. 19. The final map shall be signed by the City Engineer FM CE prior to the map being placed on the agenda for City Council acceptance. 20. Prior to recording the tract map,the applicant shall pay FM CE all outstanding plan check/inspection fees. 21. Prior to recording the map,the applicant shall bond for FM CE or complete all improvements required by these • conditions of approval. 22. Prior to recording the tract map, the applicant shall FM CE bond for or set monuments at all new property comers. A registered civil engineer or licensed land surveyor 236 ITEM NUMBER: B-2 DATE: 03/09/04 Conditions of Approval/ Timing Responsibility Mitigation . Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL,Business License BS:Building Services FERROCARIL ROAD TTM GP:Grading Permit FD:FireOeparinent BP:Building Permit PD:Police Depad Tient FI:Final Inspection CE:City Engineer Exhibit A M:TenWraryOccupancy WW:Wastewater F0:Final Occupancy CA Oily Allomey Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-00722CH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-00671TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain 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. 23. Prior to recording the tract map, the applicant shall FM CE 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. 24. All existing and proposed utility, pipeline, open space, FM CE or other easements are to be shown on the final/parcel • map. If there are building or other restrictions related to the easements, they shall be noted on the final/parcel map. The applicant shall show all access restrictions on the final/parcel map. 25. Prior to recording the tract map, the applicant shall FM CE 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 parcel map. 26. Prior to the issuance of building permits the applicant GP,BP CE shall submit plans and supporting calculations/reports including street improvements, underground utilities, composite utilities, and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer. 27. The applicant must provide for the maintenance of on- FM CE site shared improvements.This includes roads, sidewalks,street trees,streetlights,drainage facilities, sewer,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.Asessment District and Landscape and Lighting District.Funds for the maintenance,repair and 237 ITEM NUMBER: B-2 DATE: 03/09/04 • Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL Business License BS:Building Services FERROCARIL ROAD TTM GP:Grading Permit FD:Fire Department BP:Building Permit PD:Police Department FI:Final Inspection CE:City Engineer TO:Temporary Occupancy W W:Wastewater Exhibit A FO:FinalOccuparcy CkCayMomey Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain replacement of the facilities would be collected on the property tax bill and distributed to the City. City Engineer Site Specific Conditions Public Improvements 28. Prior to recording the final map, provisions for the FM CE repair and maintenance of the paving of the private road shall be included in the CC&R's for this tract. • Included shall be a mechanism to maintain the private street, private sewer, and drainage swale and structures, such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation Atascadero Mutual Water Company 29. Before recordation of the final map,the applicant shall BP BS 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 new 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. 30. Prior to the issuance of building permits,the applicant BP BS shall obtain a"Will Serve"letter from the Atascadero Mutual Water Company for the newly created lots. 31. Before the start of construction on the water system BP BS 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. . 32. All water distribution facilities shall be constructed in BP BS conformance with Atascadero Mutual Water Company standards, policies and approved procedures. All cross-connection devices shall be constructed in 238 ITEM NUMBER: B-2 DATE: 03/09/04 Conditions of Approval/ - Timing Responsibility Mitigation • Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business License BS:Building Services FERROCARIL ROAD TTM GP:Grading Permit FD:Fre Departrtrant BP:Building Pena PD:Police Department FI:Final Inspeetbn CE City Engineer Exhibit A TO:TemporaryOwupancy VM Wastewdtar F0:Final Owupancy CA Ciy ftmay Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates, Pine Mountain conformance with AWWA and Department of Health Services standards. 33. Before the issuance of building or permits,the BP BS 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. 34. The water mains required to serve the project shall be BP BS laid out in a grid or looped pattern and shall connect to the existing water mains system in Ferrocarill Rd.and EI Camino Real. 35. The applicant is responsible for designing and BP BS constructing water system improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project. 36. The applicant is responsible for designing and 1313 BS constructing water system improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project. 37. BP BS Mitigation Measure 1.d.1: All lighting shall be designed to BP BS,PS,CE 1.d.1 eliminate any off site glare. All exterior site lights shall utilize full cut-off,"hooded"lighting fixtures to prevent offsite light spillage and glare. Mitigation Measure 3.b.1: The project shall be conditioned to BP,GP BS,PS,CE 3.b.1 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 239 ITEM NUMBER: B-2 DATE: 03/09/04 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business License BS:Building Services FERROCARIL ROAD TTM GP:Grading Permit FD:Fire Depanmut BP:Building Pend PD:Poke Depadment FI:Final Inspection CE Cily Engineer Exhibit A TO:TenWrary OccWancy ww:wastewater F0:Final Occupancy CA Qly Attomey Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain 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 plann4ed to be reworked at dates greater than one month after initial grading should be sown with a fast-germinating native grass seed and watered until vegetation is established. 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. 240 ITEM NUMBER: B-2 DATE: 03/09/04 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL Business License BS:Building Services FERROCARIL ROAD TTM GP:Grading Permit FD:Fire Depamnent BP:Budding Pemtt PD:Police DepaMierd FI:Final Inspection CE City Engineer TO:Temporary Occupancy M Wastewater Exhibit A FO:FinalOocupancy CnCayntromey Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041MM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain 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. 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 BP PS,BS,CE 4.e.1 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. 241 ITEM NUMBER: B-2 DATE: 03/09/04 . Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business License BS:Building Services FERROCARIL ROAD TTM GP:Grading Permit FD:Fire Depanrn nt BP:Building Pemit PD:Police Department FI:Final Inspection CE City Engineer Exhibit A TO:TemporagOccupq WW:wastewater F0:Final Occupanq CA City Ntomey Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041/TfM 2003- 0042/CUP 2002-0067n7M 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain Mitigation Measure 4.e.2: The developer shall contract with a BP,GP PS,BS,CE 4.e.2 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 unless otherwise directed by project arborist with city approval. (f) As specified by the arborist report and City staff: ■ Fencing: The proposed fencing is highlighted in orange on the grading plan. It 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. The fence must be up before any construction or earth moving begins. The owner shall be responsible for maintaining an erect fence throughout the construction period. The arborist(s), upon notification,will inspect the fence placement once it is erected. ■ Soil Aeration Methods: Soils under the 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 2-4"auger)and the application of moderate amounts of nitrogen fertilizer. The arborist(s)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 the drip-lines of native trees shall be hand 242 dug,augured,or bored. All major roots shall be ITEM NUMBER: B-2 DATE: 03/09/04 Conditions of Approval/ Timing Responsibility Mitigation • Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL,Business License BS:Building Services FERROCARIL ROAD TTM GP:Grading PenrM FD:Fire Depadment BP:Building Pernt PD:Police Departrnent FI:Final Inspection CE Cly Engineer Exhibit A TO:Terwrary0ccWancy WW:Wastewater F0:Final Occupancy CA Cly Alomey Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-00742CH 2003-0076/CUP 2003-0120/TTM 2003-00411TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain • Grading Within the Drip-Line: Grading should not encroach within the drip-line. If grading is necessary,construction of retaining walls or tree wells or other protection necessary 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. ■ 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 until re-buried. ■ Paving With the Drip-Line: Pervious surfacing is preferred within the drip-line of any oak tree. 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. Also there is to be no parking of equipment or personal vehicles in these areas. • 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 Water: No liquid or solid construction waste shall be dumped on the ground within the drip-line of any oak tree. ■ Arborist Meeting: An arborist shall be present for selected activities(trees identified on spreadsheet)and pre-construction fence placement. The monitoring does not necessarily have to be continuous but observational at times during the above activities. If there is a"yes"in the monitoring column,this is 100%mandatory. 243 ITEM NUMBER: B-2 DATE: 03/09/04 . Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services FERROCARIL ROAD TTM GP Business a�P rn FD:F ire i��N�� Grading Department BP:Building Paint PD:Police Department FI:Final Inspection CE:City Engineer TO:Temporary Occupancy WW:Wastewater Exhibit A FO:Final Occuparq CA City Attorney Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain ■ Pre-Construction Meeting: An on-site pre- construction meeting with the arborist(s),owner, planning staff,and the earthy moving team may be required for this project. Prior to final occupancy,a letter from the arborist(s)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(s)were on site for all grading and/or trenching activity that encroached into the drip-line of the selected native • trees,and that all work done in these areas was completed to the standards set forth above. Mitigation Measure 6.b.1: The grading permit application GP PS,BS,CE 6.b.1 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. Mitigation Measure 6.b.2: All cut and fill slopes shall be GP BP,BS 6.b.2 hydroseeded with an appropriate erosion control method (erosion control blanket, hydro-mulch,or straw mulch appropriately anchored) immediately after completion of earthwork between the months of October 15 through April 15. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean-up of any mud or debris that is tracked onto public streets by construction vehicles. Mitigation Measure 6.e.1: Percolation tests are required for all BP,GP PS.BS.CE 6.e.1 lots not served by sewer before building permits for residences can be issued. Mitigation Measure 8e.f.1: A Stormwater Pollution Prevention GP PS,BS,CE 8.0.1 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. 244 ITEM NUMBER: B-2 DATE: 03/09/04 Conditions of Approval/ Timing Responsibility Mitigation • Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business License BS:Building Services FERROCARIL ROAD TTM GP:Grading Pennil FD:Fee Department BP:Building Pemiil PD:Police Departrnent Fl:Final Inspection CE City Engineer TO:Temporary Occupancy WW:Wastevater Exhibit A FO:Anal Occupancy CA CoAWmey Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041rrTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain Mitigation Measure 8.e.f.2: The developer is responsible for GP PS,BS,CE 8.e.f.2 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. Mitigation Measure 11 A.1: All construction activities shall BP,GP PS,BS,CE 11.d.1 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&Sunday Further,particularly loud noises shall not occur before 8 a.m.on weekdays and not at all on weekends. The Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors may modify the hours of construction. 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. Staff shall approve the details of such a sign during the Grading Plan/Building Permit review process. 245 ITEM NUMBER: C-1 DATE: 03/09/04 ,e Isis 1 1978 CAD�j Atascadero City Council Staff Report City Manager's Office Consideration and Adoption of a Resolution Establishing Non Residential Development Impact Fees RECOMMENDATION: Council adopt draft Resolution, establishing a non residential schedule of development impact fees. DISCUSSION: • Background: The City completed a Master Facilities Plan and Cost Containment Plan with the assistance of RCS, a consulting service. The City Council held several public hearings on the plan and on April 22, 2003 the Council introduced for first reading the Ordinance implementing development impact fees. The Ordinance provided for non residential fees however delayed the effective date to March 1, 2004. Actual fees are set by resolution. The City Council directed staff to develop alternative fee programs that recognize the benefits of non-residential development or encouraged specific uses consistent with the City's Economic Development program. These alternatives would reduce development fees accordingly. The current Impact Fees that went into effect March 1, 2004 are as follows: Tourist-Commercial Lodging $3,415 per unit Commercial $5.00 per square foot Office $7.54 per square foot Manufacturing/industrial $2.68 per square foot 246 ITEM NUMBER: C-1 DATE: 03/09/04 The Impact Fees in Paso Robles were adopted in the same time period as Atascadero. In Paso Robles the City adopted a tiered system that graduated the increase over a three-year period. The fees are as follows: $2,614/unit $2,614/unit $2,614/unit 77- $1.90 $2.82/s . ft. $4.49 $6.16 1 $2.39 1 $2.88 1 $3.37 As can be seen, Paso Robles has combined the Retail and Office Impact fee into one where Atascadero has multiple fees. The single fee approach may be superior in that commercial developers are likely to classify their space as retail to pay the lower fee regardless of the eventual tenant. Staff would recommend modifying the Atascadero category to a single Retail/Office designation. The lodging impact fee in Atascadero is $801 higher than Paso Robles. Lodging is an area that Atascadero seeks to expand thereby adding to the tourism industry. This would be an area to provide a reduced fee to encourage the use. The following chart compares the fees and shows the difference by year (it assumes retail and office are combined for Atascadero at the Retail rate). $5.00 $2.82 $4.49 $6.16 $7.83 • $2.68 $1.90 $2.39 $2.88 $3.37 The comparison chart shows Atascadero rates are higher in 2003 and 2004, however the Paso Robles rates become higher beginning in 2005. The 2005 and 2006 Paso Robles rates are higher than the maximum rate allowable in Atascadero based upon the required studies. Revenues have shown that Commercial, Industrial and Lodging properties produce other revenues that offset the City's costs related to "development impacts." The Atascadero Chamber of Commerce has reviewed the Ordinances from both Atascadero and Paso Robles. They have made a recommendation that is included in a letter to Wade McKinney (attached). The Chamber recommendation combines retail and office (same as the staff recommendation) and recommends that the total fee be the same as Paso Robles prior year fee. As an example, the Commercial fee in Paso Robles is $2.82 in March 2003 and $4.49 in March 2004, the Chamber recommendation is that the Atascadero fee would be $2.82 in March 2004 and $4.49 in March 2005. 247 ITEM NUMBER: C-1 DATE: 03/09/04 Staff recommends that the Council find that the non-commercial uses do offset the development impact fees through other revenue sources and adopt the following fees, which are depicted in the attached Resolution. $2,000/unit $2,000/unit $2,000/unit .$4.49 $5.00 $5.00 $2.39 1 $2.68 $2.68 FISCAL IMPACT: Increase in development impact fees compared to prior years. Actual increase depends on the amount of development. ALTERNATIVES: 1. City Council may continue with the current Resolution establishing fees. This action would continue the retail vs. office separation, maintain a higher • commercial lodging fee and eliminate the phase in of the fees. 2. City Council may accept the recommendation of the Chamber of Commerce, which would phase in the fees over an additional year. The Chamber proposed a higher fee in the final year, however that fee would not be supported by the necessary findings and would not be advisable. ATTACHMENTS: Recommendation letter from Atascadero Chamber of Commerce Draft Resolution 248 City of Atascadero Wade Mckinney March 1,2004 Proposed Commercial Impact Fee Structure As we all agree we want to position Atascadero as a good value to attract business and have our fee structure lower than surrounding cities. We recommend combining Retail and Office to align ourselves with what other communities use as their fee structure. Retail Office Uses to be phased in over three years Total Fees March 2004 $2.82/sq.ft. March 2005 $4.49/sq.ft March 2006 $6.16/sq.ft Commercial Lodging $2,614/unit Industrial to be phase in over three years Industrial/Manufacturing March 2004 $1.90/sq.ft. March 2005 $$2.39/sq.ft. March 2006 $2.88/sq.ft. • 249 ITEM NUMBER: C- 1 DATE: 03/09/04 DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA ESTABLISHING A NON-RESIDENTIAL SCHEDULE OF DEVELOPMENT IMPACT FEES WHEREAS,the City of Atascadero has conducted an extensive and exhaustive analysis of its services, the costs reasonably borne of providing those services, the beneficiaries of those services, and the revenues produced by those paying fees and charges for special services, and an extensive and exhaustive analysis of its current facilities, infrastructure, recreation, and the requirements that will have to be met to ensure that present ability and standards of service are not reduced by the costs of new residential and non residential development; and, WHEREAS,the City wishes to comply with both the letter and the spirit of Article XlHB of the California Constitution and limit the growth of taxes; and, WHEREAS, the City desires to establish a policy of having new non-residential development pay the impacts to the City and its residents created by that development; and, WHEREAS, heretofore the City Council has adopted Ordinance No. 420 establishing its policy as to the recovery of costs of such impacts and directing staff as to the methodology for • implementing said Ordinance; and, WHEREAS,the City desires to implement an alternative fee program that recognizes the benefits of non-residential development or encourage specific uses consistent with the City's Economic Development program; and, WHEREAS,pursuant to Government Code Section 54994.1,the specific fees to be charged for development impacts may be adopted by the City Council by Resolution, after providing notice and holding a public hearing; and, WHEREAS,notice of public hearing has been provided per California Government Code, oral and written presentations made and received, and the required public hearing held; and, WHEREAS, a schedule of fees and charges to be paid by those requesting such special services need be adopted so that the City might carry into effect its policies; and, WHEREAS,it is the intention of the City Council to develop a revised schedule of fees and charges based on the City's budgeted and projected costs reasonably borne for the Fiscal Year beginning July 1, 2001; and, WHEREAS,pursuant to California Government Code Section 6062(a)a general explanation of the hereinafter contained schedule of fees and charges has been published as required; and, WHEREAS,all requirements of California Government Code are hereby found to have been complied with; 250 City of Ataseadero Draft Resolution Page 2 of 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES RESOLVE,DETERMINE,AND ORDER AS FOLLOWS: Section 1. Fee Schedule Ado tp ion. The following schedule of development impact fees and charges are hereby directed to be computed by and applied by the various City departments,and to be collected by the City Planning and Community Development Department. Section 2. Defining and Timing of Fee Schedule. Definitions regarding and the timing of the implementation of the hereinafter enumerated fee schedules shall be as stipulated in the Atascadero Municipal Code Chapter 3-14. Section 3. Listing of Fees. The following fees shall be charged and collected for the following impacts of development: $2,000/unit $2,000/unit $2,000/unit $4.49 $5.00 $5.00 $2.39 $2.68 $2.68 Section 4. Interpretations. This Resolution maybe interpreted by the City department heads in consultation with the City Manager. A. It is the intention of the City Council to review the fees and charges as determined and set • out herein based on the City's next Annual Budget and all the City's costs reasonably borne as established at that time and, as and if warranted, to revise such fees and charges based thereon. Section 5. Constitutionality. If any portion of this Resolution is declared invalid or unconstitutional then it is the intention of the City Council to have passed the entire Resolution and all its component parts,and all other sections of this Resolution shall remain in full force and effect. Section 6. Repealer. All resolutions and other actions of the City Council in conflict with the contents of this Resolution are hereby repealed. Section 7. Effective Date. This Resolution shall go into full force and effect immediately, but shall be subject to the terms and conditions of Atascadero Municipal Code Chapter 3-14, and State Law. PASSED, APPROVED, AND ADOPTED this day of , 2004. Dr. George Luna, Mayor ATTEST: APPROVED AS TO FORM: Marcia McClure Torgerson, City Clerk Roy A. Hanley, City Attorney 251 ITEM NUMBER: D- 1 DATE: 03/09/04 � AA � ■ 1918 19 9 Atascadero City Council City Attorney Report Emergency Resolution RECOMMENDATION: City Council adopt the draft Resolution continuing in full force and effect the resolutions declaring the existence of a state of emergency and directing the City Manager to take direct and immediate acts to repair or replace public facilities and authorize the mayor to execute it. DISCUSSION: i Government Code sections 8550 et seq. grant emergency powers to Cities in dealing with a natural disaster such as an earthquake. As the Director of Emergency Services the City Manager is authorized to issue a declaration declaring a state of emergency. The declaration gives the city certain powers and immunities that do not exist in the absence of such a declaration. The declaration is also required for many FEMA or other reimbursement purposes. Such a declaration by the Director/City Manager must be ratified by the City Council within seven (7) days and the City Council must thereafter review the matter again within 21 days in order for the declaration to remain in force and effect. The City Council met in emergency session on December 24, 2003 and passed such a resolution. This regular council meeting is within 21 days of the prior resolution. Pursuant to Public Contract Code section 22050 the City Manager has the authority under the declared emergency to take immediate action to procure necessary equipment, services, and supplies for the purposes of repairing and or replacing public facilities. Such acts must also be ratified within seven (7) days by action of the City Council and the City Council may direct that the City Manager continue to take such direct actions without following contract bid procedures. To do so the City Council must find, based upon facts contained in the minutes (but not required to be in the resolution or in a written staff report) that the emergency will not permit a delay resulting from a competitive solicitation for bids and the action is necessary to respond to the emergency. This action requires a 4/5 vote for approval, or if less than 5 are present a unanimous vote of the City Council. This action must likewise be reviewed within 21 252 ITEM NUMBER: D- 1 DATE: 03/09/04 days for the powers to continue. The City Council also ratified and so directed the City Manager at its meetings of December 24, 2003, January 13, 2004, January 27, 2004, February 10, 2004 and February 24, 2004. The City Council, if it finds that the facts still warrant based upon the presentation of staff, may also continue the contracting procedures in full force and effect. The conditions expressed in the oral reports of December 24, 2003, January 13, 2004, January 27, 2004, February 10, 2004 and February 24, 2004 still exist. City facilities and City services are not yet restored to the level that we can provide services at the expected level. If we were to have to follow normal contracting procedures we would be unduly delayed (by weeks) in our ability to restore the public facilities. We will continue to place these declarations on all regular agendas until the cause for the suspension of contracting procedures no longer exists and until the emergency is no longer current. We are still suffering aftershocks and additional damage to public facilities. The full extent of the damage and the reasonable measures to fix them are not yet known. FISCAL IMPACT: Unknown ALTERNATIVES: None ATTACHMENT: Draft Resolution 253 ITEM NUMBER: D- 1 DATE: 03/09/04 DRAFT RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO CONTINUING PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY AND AUTHORIZING EMERGENCY CONTRACTING PROCEDURES (by City Council of Atascadero acting through its Mayor) WHEREAS, Atascadero Municipal Code Title 4 Chapter 4, Emergency Organization and Functions, empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when said city is affected or likely to be affected by a public calamity and the City Council is not is session; and WHEREAS, the Director of Emergency Services of the City of Atascadero did find; That conditions of extreme peril to the safety of persons and property have arisen within said city, caused by earthquake; and That the City Council of the City of Atascadero is not in session (and cannot be • immediately be called into session); WHEREAS, the Director of Emergency Services did, based upon those findings, declare a local emergency pursuant to local, State, and Federal Law, on December 23, 2003; and WHEREAS, the City Council convened for an emergency meeting pursuant to State Law at the earliest possible time and within 7 days of such proclamation on December 24, 2003, which meeting was duly noticed pursuant to the emergency meeting procedures contained in the Ralph M. Brown Act; and WHEREAS, The City Council also ratified and authorized the use of emergency contracting powers by the City Manager; and WHEREAS, The City Council revisited the issues and proclaimed the continuation of the emergency and re directed the City Manager to take direct and immediate action to restore public facilities on December 24, 2003, January 13, 2004, January 27, 2004, February 10, 2004 and February 24, 2004; and WHEREAS, The City Council is required to revisit those resolutions within at least 21 days for them to remain in force, and WHEREAS, the conditions of extreme peril to the safety of persons and property, and the conditions authorizing the use of emergency contracting powers by the City 254 ITEM NUMBER: D- 1 DATE: 03/09/04 Manager did and still exist within Atascadero, caused by earthquake and subsequent after shocks. NOW, THEREFORE, IT IS HEREBY PROCLAIMED that: 1. The Resolutions proclaiming an emergency and authorizing and direct the City Manager to take direct and immediate action to restore public buildings and services are hereby continued in full force and effect; and 2. A local emergency now and still exists throughout the City of Atascadero; and IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers, functions, and duties of the emergency organization of this city shall be those prescribed by state law, by ordinances, and resolutions of this city, as approved by the City Council. This resolution was unanimously adopted by the City Council of the City of Atascadero on March 9, 2004 in Atascadero, California, and the Mayor was directed to execute it. Dated: By: Dr. George Luna, Mayor City Of Atascadero 255