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Home My WebLink AboutAgenda Packet 03/23/2004 0 4191$ 1979 CITY OF A TASCADERO CITY COUNCIL AGENDA TUESDAY, MARCH 23, 2004 7:00 P.M. Atascadero Lake Pavilion 9315 Pismo St. Atascadero, California REDEVELOPMENT AGENCY: 6:30 P.M. CLOSED SESSION: (Immediately following Redevelopment Agency Meeting) 1. PUBLIC COMMENT - CLOSED SESSION 2. Call to Order a. Conference with labor negotiator (Govt. Code Sec. 54957.6) Agency Negotiator: City Manager Employee organizations: Department Heads, Mid- Management/Professional, Confidential, Atascadero Firefighters, Service Employees Intl. Union Local 620, Atascadero Police Assoc. 3. Adjourn 4. CLOSED SESSION REPORT 1 REGULAR SESSION: 7:00 P.M. PLEDGE OF ALLEGIANCE: Council Member O'Malley 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.) APPROVAL OF AGENDA: Roll Call PRESENTATIONS: 1. Proclamation declaring April 2004, " Month of the Child" 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.) 2 1. City Council Meeting Minutes — February 24, 2004 ■ City Clerk recommendation: Council approve the City Council minutes of the meeting of February 24, 2004. (City Clerk) 2. Pine Mountain Transfer of Development Rights GPA 2003-0009/ZCH 2003-0073/DAG 2004-0001 Coromar Avenue ZCH 2003-0072/ZCH 2003-0074/CUP 2003-0129/TTM 2003-0041 Colima Road ZCH 2O03- 0076/TTM 2003-0042 Ferrocaril Road-De Anza Estates CUP Amendment 2003-0067/TTM 2003-0045 (Gearhart, Molina, Johnson) ■ 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. ■ Staff recommendations: Council: 1. Adopt on second reading, by title only, the attached Draft Ordinance, enacting Zone Change Zone Change 2003-0073 based on findings; and, 2. Adopt on second reading, by title only, the attached Draft Ordinance, enacting Development Agreement 2004-0001 based on findings; and, 3. Adopt on second reading, by title only, the attached Draft Ordinance, enacting Zone Change Zone Change 2003-0072 based on findings; and, 4. Adopt on second reading, by title only, the attached Draft Ordinance, enacting Zone Change Zone Change 2003-0074 based on findings; and, 5. Adopt on second reading, by title only, the attached Draft Ordinance, enacting Zone Change 2003-0076 based on findings; and, 6. Adopt on second reading, by title only, the attached Draft Ordinance, amending the Zoning Map to designate Planned Development overlay district 21 on parcel A PN 049-163-013 and 049-163-015. (Community Development) 3 B. PUBLIC HEARINGS: 1. General Plan Amendment 2003-0011, Zone Change 2003-0076 Conversion of 0.115 Acres of Commercial Use to Multi-family Residential Use (5245 EI Camino Real/Stan Sherwin) ■ Fiscal impact: None ■ Planning Commission recommendations: Council: 1. Adopt Resolution A recertifying Proposed Mitigated Negative Declaration 2002-0044; and, 2. Adopt Resolution B approving General Plan Amendment 2003- 0011 based on findings; and, 3. Adopt Ordinance A introducing an ordinance for first reading by title only to approve Zone Change 2003-0076 based on findings. (Community Development) 2. Residential Second Unit Study Session ■ Fiscal impact: None ■ Staff recommendation: Council to provide direction. (Community Development) 3. Single Family Planned Development Zone Change 2003-0036 Master Plan of Development (CUP 2003-0087) Vesting Tentative Tract Map 2003- 0043 7755 Navaioa Ave (Huckobey, Emrich) ■ 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- 0051; and, 2. Introduce,f or f irst reading, by title only, draft O rdinance A a pproving Zone Change 2002-0036 based on findings; and, 3. Adopt draft Resolution B approving the Master Plan of Development (CUP 2003-0087) based on findings and subject to Conditions of Approval and Mitigation Monitoring, replacing Exhibit E with the revised grading and drainage plan; and, 4. Adopt draft Resolution C approving Vesting Tentative Tract Map 2003- 0043 based on findings and subject to Conditions of Approval and Mitigation Monitoring. (Community Development) C. MANAGEMENT REPORTS: 1. General Plan Policy Review Hillside Preservation Goals and Policy ■ Fiscal impact: None ■ Staff recommendation: Council to provide direction. (City Manager) 4 2. City Council Policy Hillside Grading Guidelines ■ Fiscal impact: None ■ Staff recommendation: Council approve the attached Hillside Grading Guidelines. (City Manager) 3. City Council Policy Mixed Use Development Processing ■ Fiscal impact: None ■ Staff recommendations: Council: 1. Approve the attached Mixed Use Development processing policy. 2. Adopt the attached Prime Commercial site map. (City Manager) 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 Clav 1. Water Committees Council Member O'Malley 1. Finance Committee 2. City/ Schools Committee • 3. Air Pollution Control District (APCD) 5 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 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 23, 2004 Regular Session of the Atascadero City Council was posted on March 16, 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 16th day of March 2004 at Atascadero, California. 444 Marcia McClure Torgerson, C.M.C., City Jerk City of Atascadero • 6 City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING The City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m., at the Atascadero Pavilion on the Lake, 9315 Pismo St., Atascadero. Matters are considered by the Council in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the City Clerk and are available for public inspection during City Hall Annex business hours at the Central Receptionist counter and on our website, www.atascadero.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 • No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present • All comments limited to 5 minutes (unless changed by the Council) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. If you wish to use a computer presentation to support your comments, you must notify the City Clerk's office at least 24 hours prior to the meeting. Access to hook up your laptop to the City's projector will be provided. You are required to submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk before the meeting begins to announce your presence and turn in the printed copy. The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the Council to: • Please approach the podium and be recognized • Give your name and address (not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Council). 46O HAVE ITEMS PLACED ON AGENDA All business matters to appear on the Agenda must be in the Office of the City Manager 14 days preceding the Council 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 "MONTH OF THE CHILD" APRIL 2004 WHEREAS, Saturday,April 10, 2004, will commemorate the 26th annual "Day of the Child"celebration during Children's Day in the San Luis Obispo Mission Plaza. A day where children and families interact with the agencies and programs providing services throughout the County;and WHEREAS, The week of the child is a time to recognize that children's opportunities are our responsibilities, and to recommit ourselves to ensuring that each and every child experiences the type of early environment-at home, at child care,at school and in the community- that will promote their early learning. WHEREAS, In San Luis Obispo County, there are approximately 24,500 children under 13 years of age who have working parents and need quality care,and WHEREAS, In San Luis Obispo County, there are approximately 8,270 licensed childcare spaces:and WHEREAS, Quality child care is no longer a fringe benefit but a necessity for working parents to be productive and happy employees. Local employers need to be champions in supporting the many challenges facing these working parents and families;and WHEREAS; Quality youth programs are essential for older children during the "out of school" hours, whether or not their parents work outside of the home,and WHEREAS, The City of Atascadero recognizes that every moment in a child's life is an opportunity for that child to learn, and that the early years may determine whether a child succeeds in school and in life, and that all children need at least one caring and loving adult in their lives,and that quality"out of school"programs are also essential for the older child;and WHEREAS, The activities of this month will provide an opportunity to acknowledge quality youth and -early care and education programs, their dedicated staff, and to applaud their efforts ;to improve the quality, availability, and accessibility of such programs;and WHEREAS, The San Luis Obispo Child Care Planning Council, the Children's Services Networks Community Partnership Committee and the EOC/Child Care Resource Connection work cooperatively to coordinate the events and activities of the Day and Month of the Child;and ,, WHEREAS, All citizens are encouraged to develop the assets in children and to do what they can at work, at home, and within the community to assure all children, youth, and families have the opportunity and support to thrive and to help young people make positive choices to avoid high risk behaviors. May we remember to listen to and watch the children around us and remember to have patience and allow them to enjoy the journey of childhood. NOW THEREFORE BE IT RESOLVED by the Atascadero City Council that the City of Atascadero wishes to proclaim April 2004 as the "Month of the Child", and April 10, 2004 as "Day of the Child". Dr. George Luna,Mayor City of Atascadero, CA March 23, 2004 A ITEM NUMBER: A-1 DATE: 03/23/04 ■. ■ ■ 1918 , i"1201 CITY OF ATASCADERO �N/1 CITY COUNCIL DRAFT MINUTES TUESDAY, FEBRUARY 24, 2004 7:00 P.M. REDEVELOPMENT AGENCY: 6:30 P.M. CLOSED SESSION: (Immediately following Redevelopment Agency Meeting) 1. PUBLIC COMMENT - CLOSED SESSION 2. Call to Order a. Conference with Real Property Negotiators-Govt. Code 54956.8 Property: The Printery, 6361 Olmeda Ave. Negotiator: City Manager Wade McKinney Negotiating Parties: Masons Negotiations will include price and/or terms of payment. b. Conference With Legal Counsel-Anticipated Litigation. Significant exposure to litigation pursuant to 54956.9(b) of the government code: One Case 3. Adjourn 4. CLOSED SESSION REPORT City Attorney Roy Hanley announced that no reportable action was taken on Item #2-b., however, the Council will adjourn again into closed session at the close of the City Council meeting on Item #2-a. CC Draft Minutes 02/24/04 Page 1 of 9 2 ITEM NUMBER: A-1 I DATE: 03/23/04 REGULAR SESSION: 7:00 P.M. • Mayor Luna called the meeting to order at 7:00 p.m. and Mayor Pro Tem Scalise 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 and Deputy City Clerk Grace Pucci Staff Present: City Manager Wade McKinney, Assistant City Manager Brady Cherry, Community Development Director Warren Frace, Public Works Director Steve Kahn, Administrative Services Director Rachelle Rickard, Information Technology Director Andrew Fruin, Economic Development Specialist Marty Tracey, Public Works Technician Valerie Humphrey, Associate Planner Kerry Margason, Police Chief Dennis Hegwood, Fire Chief Kurt Stone, and City Attorney Roy Hanley. • COMMUNITY FORUM: Mayor Luna announced that Item #C-2 had been pulled from the agenda and stated anyone wishing to comment on that item should speak at this time. Pastor Johnny Johnson, representing the Atascadero Ministerial Association, led those present in prayer. Mayor Luna closed the Community Forum period. APPROVAL OF AGENDA: MOTION: By Council Member O'Malley and seconded by Council Member Luna to approve the revised agenda. Motion passed 5:0 by a roll-call vote. COUNCIL ANNOUNCEMENTS AND REPORTS: Council Member O'Malley reported on the Local Taxpayers and Public Safety Protection CC Draft Minutes 02/24/04 Page 2 of 9 3 ITEM NUMBER: A- 1 DATE: 03/23/04 Act and stated the League of California Cities is working on the initiative for inclusion on • the November Ballot. A. CONSENT CALENDAR: 1. December Disbursements — December 2003 Accounts Payable & Payroll Fiscal impact: $922,728.81. Staff recommendation: City Council approve certified City accounts payable, payroll and payroll vendor checks for December 2003. [Administrative Services] 2. City Treasurer's Report— December 2003 ■ Fiscal impact: None. ■ City Treasurer recommendation: City Council approve the City Treasurer's report for December 2003. [City Treasurer] 3. Lewis Avenue Bridge Design ■ Fiscal impact: Approval of these contracts would result in the expenditure of $198,261.00 in Transportation and Community and System Preservation (TCSP) funds, and $168,138.80 of the $400,000.00 from Fund 281, which has been designated for design iand construction of this project. ■ Staff recommendation: 1) Council authorize the City Manager to execute contracts with: a) Morro Group, Inc., in the amount of $116,984.50 for Lewis Avenue Bridge Environmental Services, and b) Psomas in the amount of $188,221.5 for Lewis Avenue Bridge Professional Engineering Services. 2) Council authorize the Director of Administrative Services to allocate $168,138.80 from Fund 281 toward environmental and engineering services for the Lewis Avenue Bridge Project. (Public Works) MOTION: By Council Member Clay and seconded by Mayor Pro Tem Scalise to approve Items #A-1 through 3. Motion passed 5:0 by a roll-call vote. (Item #A-3 Contracts No. 2004-002 and 2004-003) CC Draft Minutes 02/24/04 Page 3 of 9 4 ITEM NUMBER: A-1 DATE: 03/23/04 B. PUBLIC HEARINGS: 1. Tentative Parcel Map 2002-0028 (AT 01-091) and Road Abandonment 2002-0009 9230 Vista Bonita (APN 030-441-015) (Frederick) ■ 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: 1. Council adopt draft Resolution A certifying the proposed Mitigated Negative Declaration 2003-0066 and approving Tentative Parcel Map 2002-0028 (AT 01-091), a request to subdivide one parcel totaling 4.33 acres, gross, into two parcels of 1.87 and 2.46 acres gross, based on findings and subject to conditions. 2. Council adopt draft Resolution B approving a request to abandon a portion of Vista Bonita, from its intersection with EI Bordo Avenue to its westerly terminus. (Community Development) Community Development Director Warren Frace gave the staff report and answered questions of Council. PUBLIC COMMENT Michael Frederick, Applicant, answered questions raised by Council, gave a brief history of the site, and reviewed his request. Mr. Frederick answered questions of Council. Council Member O'Malley asked Mr. Frederick if he would be agreeable to a condition stating that any residential development on parcel 1 would have fire sprinklers in it. Mr. Frederick indicated that this would be a good idea. Additionally, Council Member O'Malley inquired whether Mr. Frederick would haul away the dirt if there were any cutting/grading on parcel 1. Mr. Frederick stated he would. Ellen Beraud expressed concern about the steepness of the slope on parcel 1 if it is to be used as a residential site. Mayor Luna closed the Public Comment period. Director Frace addressed issues raised in the Public Comment period. Mayor L una s tated i t was d ifficult for s tall to d ecide i ssues of s eptic a nd fire a ccess without knowing what the applicant will do on the site. He indicated it was inappropriate to add conditions at this time. Council Member Pacas indicated she was concerned about adding conditions and looking at a proposal that is different from the one analyzed for mitigation. She asked if there would be a problem with approving this project with a Mitigated Negative Declaration that does not apply to the project. City Attorney Hanley stated that if CC Draft Minutes 02/24/04 Page 4 of 9 5 ITEM NUMBER: A-1 DATE: 03/23/04 Council is concerned that significant environmental effects would result from dropping • mitigations, they could refer this item back to staff or restore the mitigations. Council Member O'Malley expressed concern with sending this back as the City is requiring the lot split; review will happen once the plan is submitted so he is comfortable with moving ahead at this time. Council Member Pacas asked the applicant if he would prefer to do this right and do the review or leave parcel 1 a non-buildable lot. Michael Frederick stated he does not want to go back through the process due to the length of time it would take. Mayor Luna stated that approval is premature and this should go back to staff for proper analysis and mitigation, MOTION: By Council Member O'Malley and seconded by Council Member Clay to adopt draft Resolution A certifying the proposed Mitigated Negative Declaration 2003-0066 and approving Tentative Parcel Map 2002-0028 (AT 01-091), a request to subdivide one parcel totaling 4.33 acres, gross, into two parcels of 1.87 and 2.46 acres gross, based on findings and subject to conditions: and, adopt draft Resolution B approving a request to abandon a portion of Vista Bonita, from its intersection with EI Bordo Avenue to its westerly terminus • and requiring a fire sprinkler system for any residential development in the future on parcel 1. Motion passed 3:2 by a roll-call vote. (Pacas, Luna opposed) (Resolutions No. 2004-012 and 2004-013) C. MANAGEMENT REPORTS: 1. 2004 Community Development Block Grant Allocation (CDBG) ■ Fiscal impact: Available funds are estimated at $225,655 for the 2004 cycle. ■ Staff recommendation: Council forward to the County Board of Supervisors allocation recommendations for the 2004 Community Development Block Grant (CDBG)funds. [Management] Public Works Technician Valerie Humphrey gave the staff report and answered questions of Council. PUBLIC COMMENT George Dodge representing Atascadero Youth Task Force and Atascadero Health Collaborative distributed a letter from the Atascadero Health Collaborative. He spoke about the health fair and asked for Council's• support. Exhibit A pp ( ) CC Draft Minutes 02/24/04 Page 5 of 9 6 i ITEM NUMBER: A-1 DATE: 03/23/04 Barbara Newsome, social worker for EOC's Teen Academic Parenting Program (TAP), expressed her appreciation for the Council's support in the past and asked them to consider funding again this year. Ms. Newsome spoke about the TAP program and answered questions of Council. Eileen Allen, representing the North County Women's Shelter, thanked the committee for recommending the Women's Shelter for funding. John Laugher, Board Member of the EI Camino Homeless Organization, thanked Council for their continuing support and spoke of their program. Mike Berne, Atascadero Loaves and Fishes,expressed their appreciation, spoke about their program and what the requested funds would provide. Mayor Luna closed the Public Comment period. Council Member Clay expressed his concern with the Block Grant process and the fact that only 50% could be used for public services. Council Member Pacas referred to the letter from Dale Magee distributed earlier to Council, and stated she would be stepping down from consideration of the request for funding of the annual Senior Health Faire because she is a member of the Atascadero Youth Task Force board of directors. . MOTION: By Mayor Pro Tem Scalise and seconded by Council Member O'Malley to approve the Finance Committee's recommendation for the Community Service Foundation Senior Health Fair. Motion passed 4:0 by a roll-call vote. Council Member Pacas rejoined the hearing. MOTION: By Council Member O'Malley and seconded by Council Member Pacas to adopt the remainder of the Community Development Block Grant allocations as recommended. Motion passed 5:0 by a roll-call vote. 2. Masonic Temple/Printery Building Disposition ■ Fiscal impact: If the City retains the building there will be costs associated with the reconstruction and ongoing maintenance and operations costs. • Staff Recommendation: Council evaluate the City's options and give staff direction on Council's preferred course of action. This item was continued. • CC Draft Minutes 02/24/04 Page 6 of 9 7 ITEM NUMBER: A- 1 DATE: 03/23/04 • 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) PUBLIC COMMENT Eric Greening complimented everyone on how well they are continuing to handle the emergency. Mayor Luna closed the Public Comment period. MOTION: By Council Member O'Malley and seconded by Council Member Clay 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. Motion passed 5:0 by a roll-call vote. (Resolution No. 2004- 014 E. COMMITTEE & LIAISON REPORTS: Mayor Luna 1. County Mayor's Round Table: Met last week and did a debriefing on earthquake issues and discussed the initiative from League of California Cities for the November ballot. Mayor Pro Tem Scalise 1. S.L.O. Council of Governments (SLOCOG)/S.L.O. Regional Transit Authority (SLORTA): No meeting next week for SLOCOG and SLORTA. Council Member Clay 1. Water Committees: The Atascadero Mutual Water Company will move forward with the Nacimiento water project. It was pointed out that there is only one w ater s ource a t this t ime and i f t here were a n a ccident a nd t he w ater source became contaminated the City would be in bad shape, therefore, • having a second water source is critical. CC Draft Minutes 02/24/04 Page 7 of 9 8 ITEM NUMBER: A- 1 DATE: 03/23/04 Council Member O'Malley 1. League of California Cities - Grassroots Network: Regional meeting is • coming up. Council Member O'Malley has been appointed to the policy committee on community services. F. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Clerk: Requested direction regarding the letter from Council to the Board of Supervisors encouraging them to look at rezoning agricultural land i n t he n orth county f or a m otorcycle recreational p ark. T here was Council discussion on this item. PUBLIC COMMENT Eric Greening made suggestions on how to go about making the request to the Supervisors and discussed options. Mayor Luna closed the Public Comment period. There was further Council discussion and City Attorney Hanley suggested Council Members contact Supervisors individually. G. ADJOURNMENT: • Mayor Luna adjourned the meeting at 8:30 p.m. to the Closed Session. CLOSED SESSION a. Conference with Real Property Negotiators-Govt. Code 54956.8 Property: The Printery, 6361 Olmeda Ave. Negotiator: City Manager Wade McKinney Negotiating Parties: Masons Negotiations will include price and/or terms of payment. City Attorney Roy Hanley announced that by a 3:2 vote (Pacas, Luna opposed) it was decided to perform according to the previously agreed upon agreement with the Masons. ADJOURNMENT: Mayor Luna adjourned the meeting at 8:53 p.m. to the next regularly scheduled meeting on March 9, 2004. • CC Draft Minutes 02/24/04 Page 8 of 9 9 ITEM NUMBER: A- 1 DATE: 03/23/04 • MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Deputy City Clerk The following exhibits are available for review in the City Clerk's office: Exhibit A— George Dodge, letter from Atascadero Health Collaborative 0 • CC Draft Minutes 02/24/04 Page 9 of 9 10 ITEM NUMBER: A-2 DATE: 03/23/04 n • 1918 � 1 B Atascadero 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) • RECOMMENDATIONS: Council: 1. Adopt on second reading, by title only, the attached Draft Ordinance, enacting Zone Change 2003-0073 based on findings; and, 2. Adopt on second reading, by title only, the attached Draft Ordinance, enacting Development Agreement 2004-0001 based on findings; and, 3. Adopt on second reading, by title only, the attached Draft Ordinance, enacting Zone Change 2003-0072 based on findings; and, 4. Adopt on second reading, by title only, the attached Draft Ordinance, enacting Zone Change 2003-0074 based on findings; and, 5. Adopt on second reading, by title only, the attached Draft Ordinance, enacting Zone Change 2003-0076 based on findings; and, 6. Adopt on second reading, by title only, the attached Draft Ordinance, amending the Zoning Map to designate Planned Development Overlay District 21 on parcel APN 049-163-013 and 049-163-015. • ITEM NUMBER: A-2 DATE: 03/23/04 DISCUSSION: The proposed_ project consists of 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 Ch • ange well 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 betransferred to the City of Atascadero through the development agreement. On March 9, 2004, the City Council conducted a public hearing to consider each of the above-stated actions consistent with the proposed Pine Mountain TDR Development Agreement. 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. • ITEM NUMBER: A-2 DATE: 03/23/04 • ATTACHMENTS: Attachment 1: Draft Ordinance A Attachment 2: Draft Ordinance B Attachment 3: Draft Ordinance C Attachment 4: Draft Ordinance D Attachment 5: Draft Ordinance-E Attachment 6: Draft Ordinance F • ITEM NUMBER: A-2 DATE: 03/23/04 Attachment 4: Draft 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 056-111-027, 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 lications 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, 3 700 Colima Road(049-163-013, 49-163-015): Z one 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); • it 12 ITEM NUMBER: A-2 DATE: 03/23/04 City Council Draft Ordinance A March 9,2004 • Page 2 of 5 Pine Mountain (APN 028-231-003): Z one 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 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 introduce for first reading an ordinance that would rezone the subject site consistent with the following: 13 ITEM NUMBER: A-2 DATE: 03/23/04 City Council Draft Ordinance A March 9,2004 Page 3 of 5 1. 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. On motion by Council Member , and seconded by Council Member the foregoing Ordinance 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 • 14 ITEM NUMBER: A-2 DATE: 03/23/04 • Exhibit A: Zone Change 2003-0073 Official Zoning Map Change Coromar Avenue Site Project { Site y • xk Official Zoning Map Change: 056-111-027, 056-111-023 Existing Zones: CR, CT Amended Zone: RSF-X • 15 ITEM NUMBER: A-2 DATE: 03/23/04 Exhibit A: Zone Change 2003-0073 • Official Zoning Map Change Colima Road Site ij Project W Site �..� ea Site m � / \ �� '�`� � E'z�� €�z'. �.�` Vis„ � �°�"�"✓' r �� a � v, 5W' y� 5 V , fj �F5,1 Official Zoning Map Changer 049-163-013, 015 Existing Zone: RS \ Amended Zone: RSF-Y , • I� 16 ITEM NUMBER: A-2 DATE: 03/23/04 • Exhibit A: Zone Change 2003-0073 Official Zoning Map Change Ferrocaril Road Site CIS � 4 ' Project a s Site I r z 'MMI' N f P � h= F RS4 r RS • 3 � 5 P ; R N, Official Zoning Map Change: �5 z 049-011-004 �.. � Existing Zone: RS/PD-16 Amended Zone: RSF-Y/PD-16 • 17 ITEM NUMBER: A-2 DATE: 03/23/04 Exhibit A: Zone Change 2003-0073 • Official Zoning Map Change Pine Mountain Road Site t r r F�. R kt Pine u nta►��,� `�,�`°ti .. ` Project Sites ,a RRt 'y RSF-Y OS OS Official Zoning Map Change: 028-231-003 S ' Existing Zone: RR yS Amended Zone: OS r, 18 ITEM NUMBER: A-2 DATE: 03/23/04 • ATTACHMENT 6: Draft Ordinance B Official Zoning Map Change 2003-0072 Coromar Avenue(Johnson)Site DRAFT ORDINANCE B AN ORDINANCE 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 (RESIDENTIALSINGLE-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, 19 ITEM NUMBER: A-2 DATE: 03/23/04 NOW THEREFOREh • t e 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. g � 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 herebyresolves to introduce for first reading an ordinance that • g 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. • 20 ITEM NUMBER: A-2 DATE: 03/23/04 0 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: 0 Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Roy A. Hanley, City Attorney • 21 ITEM NUMBER: A 2 DATE: 03/23/04 EXHIBIT A:Draft Ordinance B • Official Zoning Map Change 2003-0072 Coromar Avenue Johnson Site q Y .•1 f t Project 5 Site Official Zoning Map Change: 056-111-023 Existing Zone: CR Amended Zone: RSF-X i 22 ITEM NUMBER: A-2 DATE: 03/23/04 ATTACHMENT 7: Draft Ordinance C Official Zoning Map Change 2003-0074(Planned Development Overlay#17) Coromar Avenue Site DRAFT ORDINANCE C AN 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, 23 ITEM NUMBER: A-2 DATE: 03/23/04 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 31" day after its final passage. 24 ITEM NUMBER: A-2 DATE: 03/23/04 • On motion by Council Member and seconded by Council Member the foregoing Ordinance 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 25 ITEM NUMBER: A-2 DATE: 03/23/04 EXHIBIT A: Draft Ordinance C • Official Zoning Map Change 2003-0074(Planned Development Overlay#17) Coromar Avenue Site 4 Project Site W, Official Zone Change Map APN: 056-111-025, 027 Existing Zones: RSF-X Amended Zones: RSF-X/PD-17 26 ITEM NUMBER: A-2 DATE: 03/23/04 • ATTACHMENT 10: Draft Ordinance D Zone Change 2003-0076 (Planned Development No.21 Zoning Text) Colima Road Site DRAFT ORDINANCE D AN ORDINANCE 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, • 27 ITEM NUMBER: A-2 DATE: 03/23/04 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 Cit Council of the City of • pu y 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: 9-3.662 Est4blishment of Pl nn d ev to nt Ov la Zone 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. This ordinance shall be effective a 12:01 a.m. on the 31St day after its final passage. 28 ITEM NUMBER: A-2 DATE: 03/23/04 • On motion by Council Member and seconded by Council Member the foregoing Ordinance 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 • 29 ITEM NUMBER: A-2 DATE: 03/23/04 ATTACHMENT 11: Draft Ordinance E • Zone Change 2003-0076 (Planned Development No.21 Zoning Map Change) Colima Road Site DRAFT ORDINANCE E AN ORDINANCE 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, • 30 ITEM NUMBER: A-2 DATE: 03/23/04 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 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 introduce for first reading by title only 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. • 31 ITEM NUMBER: A-2 DATE: 03/23/04 • 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 • 32 ITEM NUMBER: A-2 DATE: 03/23/04 Exhibit A: Draft Ordinance E Zone Change 2003-0076 (Planned Development No.21 Zoning Map Change) Colima Road Site SR 1p Project j Site R � a r r� ! "fir r �,a� \� •. � { � �tti E ,' „41 '+w yHIE � t ffiiA Official Zoning Map Change: = V �.. 049-163-013, 015X Existing Zone: RS r Amended Zone: RSF-Y/RD-21 33 ITEM NUMBER: A-2 DATE: 03/23/04 ATTACHMENT 5: Draft Ordinance F • Development Agreement 20040001 Pine Mountain TDR DRAFT ORDINANCE F AN ORDINANCE 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 development agreement must be 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, NOW, THEREFORE, the City Council hereby resolves to take the following actions: • SECTION 1. Findings for Approval of the Development Agreement. The City Council finds as follows: 34 ITEM NUMBER: A-2 DATE: 03/23/04 City Council Draft Ordinance F March 9,2004 Page 2 of 5 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 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 SECTION 3. Effective Date. This ordinance shall be effective a 12:01 a.m. on the 31St day after its final passage. 35 ITEM NUMBER: A-2 DATE: 03/23/04 City Council Draft Ordinance F March 9,2004 Page 3 of 5 • On motion by Council Member and seconded by Council Member the foregoing Ordinance 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 36 ITEM NUMBER: B-1 DATE: 03/23/04 n 1918 19 8 � 0pj Atascadero City Council Staff Report - Community Development Department General Plan Amendment 2003-0011, Zone Change 2003-0076 Conversion of 0.15 Acres of Commercial Use to Multi-family Residential Use (5245 EI Camino Real / Stan Sherwin) RECOMMENDATION: Planning Commission Recommends: • 1. Adopt Resolution A recertifying Proposed Mitigated Negative Declaration 2002- 0044; and, 2. Adopt Resolution B approving General Plan Amendment 2003-0011 based on findings; and, 3. Adopt Ordinance A introducing an ordinance for first reading by title only to approve Zone Change 2003-0076 based on findings. REPORT IN BRIEF: The project consists of an application for a General Plan Amendment from General Commercial (GC) to Medium-Density Residential (MDR) and a zone change from Commercial Retail (CR) to Residential Multi-Family-10 (RMF-10). The proposal will accommodate a future 1,600 square foot residential duplex with parking and landscaping on 0.15 acres within the previously approved 0.46-acre K-Jon's CUP project. General Plan Designation: General Commercial(GC) Zoning District: Commercial Retail (CR) 37 ITEM NUMBER: B-1 DATE: 03/23/04 SITUATION AND FACTS: 1. Applicant/ Representative: Stan Sherwin, 5265 EI Camino Real, Atascadero, CA 93422, 805/466-7248 2. Project Address: 5245 EI Camino Real APN 029-302-047 3. General Plan Designation: GC (General Commercial) 4. Zoning District: CR (Commercial Retail) 5. Site Area: 0.15 acres 6. Existing Use: Commercial Retail and Residential 7. Environmental Status: Mitigated Negative Declaration 2002-0044 DISCUSSION: 1. Background On February 4, 2003, the Planning Commission approved a Conditional Use Permit for a project on the existing K-Jon's commercial site, which consists of a planned 4,464 square foot commercial building, a 1,600 square foot residential duplex building, 4-car carport, and landscaping on an existing 0.46-acre parcel. At the time of project approval, staff and the applicant had anticipated that a mixed-use zoning ordinance was to be established that would have accommodated the residential duplex use within the commercially designated K-Jon's site. However, to date, a mixed-use ordinance has not been enacted, requiring a proposed land use and zone change for the project to proceed as originally approved by the Planning Commission. On March 2, 2004, the Planning Commission recommended that the City Council approve the proposed General Plan Amendment and zone change on a unanimous vote. 2. Project Summary The General Plan identifies this site, along with adjacent properties to the north and south as Commercial Retail and property to the east as Medium-Density Residential (10 units/acre). EI Camino Real and U.S. Highway 101 are located to the west. The project site is located within the Commercial Retail Zoning District and situated mid- block along the east side of El Camino Real between San Jacinto Avenue and Rosario Avenue. Residential Multi-Family zoning occurs to the east and also to the north and IN south. 38 ITEM NUMBER: B - 1 • DATE: 03/23/04 Although the General Plan conditionally allows multi-family residential use in the Commercial Retail Zoning District where appropriate, a Mixed-Use Zoning Ordinance has not been established requiring the residential duplex portion of the originally approved project to be submitted to the Planning Commission and City Council as a minor adjustment in land use to accommodate the residential duplex use. No changes are proposed to the originally approved CUP, Master Plan of Development, Conditions of Approval, or Mitigation Measures. 3. General Plan Amendment Requirements Conformance with the adopted General Plan Goals Policies and Programs and the overall intent of the Plan The proposed project is consistent with several General Plan goals, policies and programs. Those identified below provide the Planning Commission with the justification required for amending the General Plan as proposed. Land Use Goal 1: "Protect and preserve the rural atmosphere of the community by assuring "elbow room" for residents by means of maintenance of large lot sizes which • increase in proportion to distance beyond the Urban Core". ■ Program 2: "Concentrate higher density development downtown and within the Urban Core, and focus master planned commercial uses at distinct nodes along arterial corridors'; ■ Program 7: "Within the Urban Core encourage infill development or the revitalization or reuse of land already committed to urban development where utilities and public services exits". Land Use Goal 3: "Transform the existing El Camino Real "strip" into a distinctive, attractive and efficient commercial, office and industrial park area which can provide for the long term viability of the community. ■ Policy 3.1: "Ensure retail businesses at efficient and attractive nodes along El Camino Real and Morro Road with mixed office and residential uses between those nodes". ■ Policy 3.1, Program 7: "Conditionally allow, mixed-use or exclusive multifamily infill development in the mid-block portions of General Commercial areas along El Camino Real." 39 ITEM NUMBER: B -1 DATE: 03/23/04 • 4. General Plan Amendment Findings As specified within the City's General Plan, the following findings shall be made in order to approve the proposed general plan amendment: 1. The proposed amendment is in the public interest. Staff Comment: The use is consistent with the Medium Density Residential designation of the General Plan and Land Use Element Policy 1.1 and 3.1. 2. The proposed amendment is in conformance with the adopted General Plan Goals, Policies, and Programs and the overall intent of the General Plan. Staff Comment: As identified above, the proposed amendment is consistent with several General Plan Goals, Policies, and Programs within the Land Use and Housing Elements. 3. The proposed amendment is compatible with existing development, neighborhoods and the environment. Staff Comment: The surrounding zones are suitable for mix-use development with • adjacent Medium Density residential and General Commercial sites. Surrounding Land Uses and Setting: North: Commercial South: Commercial East: Residential West: EI Camino Real & U.S. .Highway 101 4. The proposed amendment will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts. Staff Comment: As analyzed within the project Initial Study and Draft Negative Declaration, the proposed residential use would have no significant environmental impacts to traffic, infrastructure, or public service. 5. The proposed amendment is consistent with adopted EIR and mitigation monitoring program. Staff Comment: As analyzed within the project Initial Study and Draft Negative Declaration, the proposed residential use would have no significant environmental impacts on a project-specific basis and would be consistent with the General Plan, adopted EIR and mitigation monitoring program. • 40 ITEM NUMBER: B -1 . DATE: 03/23/04 Based on staffs analysis in the preceding sections, all of the required findings for approval of the General Plan Amendment can be made. -5. Zone Change Findings The following findings shall be made in order to approve the proposed zone change: 1. The proposed zone change is in conformance with the adopted General Plan Goals, Policies, and Programs and the overall intent of the General Plan. Staff Comment: As identified above, the proposed amendment is consistent with several General Plan Goals, Policies, and Programs within the Land Use and Housing Elements. 2. The proposed zone change is compatible with existing development, neighborhoods and the environment. Staff Comment: Zoning the back portion of the subject property residential provides orderly and consistent use of the property. • 3. The proposed zone change will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts. Staff Comment: As analyzed within the project Initial Study and Draft Mitigated Negative Declaration, the proposed residential use would have no significant environmental impacts to traffic, infrastructure, or public service. 4. The proposed zone "change is consistent with the project-specific Mitigated Negative Declaration. Staff Comment: As analyzed within the project Initial Study and Draft Negative Declaration, the proposed residential use would have no significant environmental impacts. 6. Proposed Environmental Determination Staff has prepared an initial study for the project in conformance with the California Environmental Quality Act. Based on the findings of the initial study, staff determined that the project does not have the potential to create any significant environmental impacts. The original Mitigated Negative Declaration for the K-Jon's project has been updated with the proposed land use and zone change and has been re-circulated and posted for the project. • The Planning Commission is recommending the Council recertify Mitigated Negative Declaration 2002-0044. 41 ITEM NUMBER: B -1 DATE: 03/23/04 • Conclusion Theroj ro osed project is consistent with the General Plan Amendment N N N and Zine Change process, as analyzed within this staff report. The applicant has proposed a change in use that is both consistent with the General Plan policies and zoning ordinance, and compatible with the surrounding neighborhood with no significant environmental impacts. The Planning Commission recommends that all of the required findings for project approval can be made by the City Council. ALTERNATIVES 1. The Council may make modifications to the project and/or conditions of approval for the project. 2. The 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. 3. The Council may deny the project. The parcel would retain its General Plan designation of General Commercial and Commercial Retail zoning district and • the residential duplex building could not be constructed. FISCAL IMPACT: The project would likely have a slight negative impact on City revenues. As a general rule, multi-family dwellings require services that exceed the revenue generated by the proposed uses. ATTACHMENTS: Attachment 1: Location Map and Zoning Attachment 2: Site Plan and Elevations Attachment 3 Draft Resolution of Approval — Recertify Proposed Mitigated Negative Declaration Attachment 4: Draft Resolution of Approval - Proposed General Plan Amendment - Land Use Map Change Attachment 5: Draft Ordinance - Proposed Zoning Map Change • 42 ITEM NUMBER: B -1 DATE: 03/23/04 • Attachment 1: Location Map, General Plan and Zoning Project\ Site 'f ids k; r k i • General Plan General Commercial Zoning District: Commercial Retail • 43 �/ D �, ° s.�•�,►f+wi: is u_ I 11 ";�µ ■moi:.:. �i, \��r�� anra iaiitaiia� .i Sr �,? wuaa amara Proposed 1 Building ITEM NUMBER: B -1 DATE: 03/23/04 • ATTACHMENT 3: Draft Resolution A GPA 2003-0011 /ZCH 2003-0076 Recertification of Negative Declaration DRAFT RESOLUTION A AN ORDINANCE OF THE CITY COUNCIL RECERTIFYING MITIGATED NEGATIVE DECLARATION 2002-0044 PREPARED FOR GENERAL PLAN AMENDMENT 2003-0011 AND ZONE CHANGE 2003-0076 APN 029-302-047 (5245 El Camino Real / Sherwin) WHEREAS, an application has been received from Stan Sherwin (5245 El Camino Real, Atascadero CA 93422) Applicant and Property Owner to consider a project consisting of a general plan amendment changing the GC (General Commercial) land use designation to MDR (Medium Density Residential); and change a portion of the CR (Commercial Retail) zoning d istrict t o R MF-10 (Residential M ulti-Family, 10 units/Acre) o n 0.15 a cres within APN 029-302-047; and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2002- 0044 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, March 3, 2004 following the close of the review period to consider the Initial Study and Proposed Mitigated Negative Declaration; and, WHEREAS, t he C ity C ouncil o f t he C ity o f A tascadero h eld a public hearing o n Tuesday, March 23, 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 recertify Proposed Mitigated Negative Declaration 2002-0044 based on the following Findings as shown on Exhibit A: 1. The Proposed Mitigated Negative Declaration has been completed in compliance with CEQA; and, 2. The Proposed Mitigated Negative Declaration was presented to the Planning • Commission, and the information contained therein was considered by the 45 ITEM NUMBER: B-1 DATE: 03/23/04 • 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. 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 46 ITEM NUMBER: B-1 • DATE: 03/23/04 Exhibit A Proposed Mitigated Negative Declaration 2002-0044 Exhibit A Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure Perrnit PS:Planning S&*m CUP 2002-0075, GPA 2003-0011, ZC H 2003-0076 BR.Building Permit ss:Building Services T0:Tempaay FD:Fire Departrnent Oawancy PD:Police Depaftnent 5245 5265 EI Camino Real Fl:Finalinspecton CE:City Engineer F0:Final Occupancy WW:Wastewater CA City Attamey AMWC:Water Comp. BP PS 1.c.1 Mitigation Measure 1.c.1: All lighting shall be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off,"hooded lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 30-feet in height, limit intensity to 2.0 foot candles at ingress /egress,and otherwise 0.6 foot candle minimum to 1.0 maximum in parking areas. Fixtures shall be shield cut-off type. Mitigation Measure 1.c.2: The project landscape shall include requiring 24- BP PS 1.c.2 inch box sized street trees adjacent to EI Camino Real. • Mitigation Measure 3.b: The project shall be conditioned to comply with all BP BS 3.b applicable District regulations pertaining to the control of fugitive dust(PM- 10)as contained in section 6.4 of the Air Quality Handbook. All site grading and demolition plans notes shall list the following regulations: A. All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least twice daily with complete coverage,preferably in the late morning and after work is finished for the day. B. All clearing,grading,earth moving,or excavation activities shall cease during periods of high winds(i.e.greater than 20 mph averaged over one hour)so as to prevent excessive amounts of dust. C. All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. D. The area disturbed by clearing,grading,earth moving,or excavation operations shall be minimized so as to prevent excessive amounts of dust. E. Permanent dust control measured identified in the approved project revegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. F. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with fast-germinating native grass seed and watered until vegetation becomes established. G. All disturbed areas not subject to revegetation shall be stabilized using approved chemical soil binders,jute netting,or other methods in advance by the APCD. H. All roadways,driveways,sidewalks, etc.to be paved shall be completed as soon as possible. In addition,structural foundations shall be completed as soon as possible following building pad construction. I. On-site vehicle speed shall be limited to 15 mph for any unpaved • surface. J. All unpaved areas with vehicle traffic shall be watered at least twice per day, using non-potable water. K. Streets adjacent to the projectsite shall be swept daily to remove silt, 47 ITEM NUMBER: B -1 DATE: 03/23/04 • Exhibit A Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure Sentices CUP 2002-0075,GPA 2003-0011, ZCH 2003-0076 BP:suanggng P� Serutes TO:Temporary FD:Fre Department Occupancy PD:PoliceDepatrent 5245 5265 EI Camino Real F:FinanallO Occupancy CE:City � F0:Final Occupancy CA City Allomey AMWC:Water Carp. which may have accumulated from construction activities so as to prevent excessive amounts of dust from leaving the site. L. Wheel washers may be required when significant offsite import or export of fill is involved. M. Large canopy shade trees shall be provided along street frontages and within parking areas to shade paved areas and minimize urban heat build-up. Mitigation Measure4.ef: An arborist report and tree preservation GP, PS,BS,CE 4.ef recommendations is required for any proposed construction or earthwork BP within or adjacent to the drip line of the existing off-site oak tree located at the northeast corner of the site, prior to grading or building permit issuance. Mitigation Measure 5.e: Should any cultural resources be unearthed during GP BS 5.e site development work,the provisions of CEQA-Section 15064.5,will be followed to reduce impacts to a non-significant level. Mitigation Measure 6.b.1: The Building Permit Application plans shall GP PS,BS,CE 6.b.2 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 hydro seeded with GP PS,BS,CE 6.b.4 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.c.d: A soils report shall be required to be submitted GP BS 6.c.d with a future building permit by the building department.The building plans will be required to follow the recommendations of the soils report to assure safety for occupants and buildings. Mitigation Measure 8.e.f.1: A Storm Water Pollution Prevention Plan GP PS,BS,CE 6.b.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 that GP PS,BS,CE 6.b.3 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: All construction activities shall comply with the City BP, PS,BS 11.d of Atascadero Noise Ordinance for hours of operation. GP Construction activities shall be limited to the following hours of operation: • • 7 a.m.to 7 p.m. Monday through Friday 48 ITEM NUMBER: B-1 DATE: 03/23/04 • Exhibit A Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure CUP 2002-0075, GPA 2003-0011, ZCH 2003-0076 sP Grading P� BS:Bu anger TO:Tenporay PD:Fn:Departrnent ftipancy PD:Po6ee Departrnent 5245 5265 El Camino Real F Finalinspection CE:*Wast orate` P0:Final Occupancy WW:Wastewater CA CityAtOorney AMWC:Water Comp.. • 9 a.m.to 6 p.m.Saturday • No construction on Sunday Further,particularly loud noises shall not occur before 8 a.m.on weekdays and not at all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions,subject to the review and approval of the Planning Commission. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading • Plan/Building Permit review process. Mitigation Measure 15.g: The applicant shall provide reciprocal access BP BS 15.g easements to the northerly,central,and southerly adjoining properties per the proposed site plan. • 49 ITEM NUMBER: B- 1 DATE: 03/23/04 ATTACHMENT 5: Draft Ordinance A ZCH 2003-0076 Approval of Proposed Zoning Map Change ORDINANCE A A RESOLUTION OF THE ATASCADERO CITY COUNCIL APPROVING ZON CHANGE 2003-0022, AMENDING THE OFFICAL ZONING MAP OF APN 029-302-047 FROM CR TO RMF-10 (5245 E1 Camino Real/ Sherwin) WHEREAS, an application has been received from Stan Sherwin (5245 El Camino Real, Atascadero CA 93422), Applicant and Property Owner to consider a project consisting of a general plan amendment changing 0.15 acres of the GC (General Commercial) land use designation to MDR (Medium Density Residential); and change 0.15 acres of the CR (Commercial Retail) zoning district to RMF-10 (Residential Multi-Family, 10 units/Acre) on 0.15 acres within APN 029-302-047; and, WHEREAS,the site's General Plan land use designation is GC (General • Commercial) and has been recommended to be changed to MDR; and, WHEREAS,the site's current zoning district is CR(Commercial Retail); and WHEREAS,the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Official Zoning Map to protect the health, safety and welfare of its citizens by applying orderly development of the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents,as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA)have been adhered to and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendments; and, WHEREAS,the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on Tuesday, March 2, 2004, studied and considered Zone Change 2003- 0076, after first studying and considering the recertification of the Mitigated Declaration prepared for the project, and, 50 ITEM NUMBER: B-1 • DATE: 03/23/04 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, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on Tuesday, March 23, 2004, studied and considered General Plan Amendment 2003-0011, after first studying and considering the 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: 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. 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 23, 2004, hereby resolves to introduce for first reading by title only an ordinance that would re-designate the subject site consistent with the following: . 1. Exhibit A: Zone Change Amendment 51 ITEM NUMBER: B - 1 DATE: 03/23/04 • 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 52 ITEM NUMBER: B- 1 • DATE: 03/23/04 Exhibit A: Zone Change Map 2003-0076 r � s r Official Zoning Map Change APN 029-302-047 g Existing Zone: CR x, Amended Zone: RMF-10 y° 53 ITEM NUMBER: B -2 fo-ft ■ 18 DATE: 03-23-04 ACMtljj A tascadero City Council Staff Report- Community Development Department Residential Second Unit Study Session RECOMMENDATION: Council to provide direction. • DISCUSSION: Background: The City Council reviewed the issue of second units during their strategic planning session in January 2004. The Council directed staff to agendize a study session to review the-current second unit ordinance. Second unit ordinances for the City of San Luis Obispo and Paso Robles have been attached for reference. Since this meeting is a study session the Council may not take any action to amend either the General Plan or zoning ordinance. Analysis: The State of California has identified secondary residential dwelling units as an important means of providing affordable housing. D uring the City's General Plan Update process the issue of secondary units was debated numerous times as part of the City's affordable housing strategy and Housing Element. The final General Plan included Housing Element Program 3.1.2. which required the adoption of an ordinance to conditionally allow second units in the SFR-Y land use designation subject to performance standards. The purpose of the performance standards is to limit the second units to lots of 1-acre or larger and ensure neighborhood compatibility (refer to Attachment 1 for a map for permitted locations). The current Atascadero second unit ordinance is attached. 54 ITEM NUMBER: B -2 DATE: 03-23-04 General Plan Text Goal HOS 3: Ensure that an adequate amount of rental housing exists. Policy 3.1: Ensure that the supply of low and moderate rental housing is not significantly reduced. Programs: 2. Adopt an ordinance that would conditionally allow second units in the SFR-Y land use designation subject to performance standards including: a. Lots shall be a minimum of 1-acre net. b. Units to be subject to a maximum square footage of 800 square feet. C. One covered parking space shall be provided. d. The unit shall maintain the same setback requirements as the primary residence. • e. The unit shall be architecturally compatible with the primary residence. f. Grading and native tree impacts shall be minimal. g. The unit shall be compatible with the surrounding neighborhood. h. A conditional use permit approval shall be required. i. Guesthouses shall be prohibited in the SFR-Y land use. Responsible Agency: CDD, Planning Commission, City Council Timeframe: 2003-2004 Quantified Objective: 3 very low income units per year Environmental Review The Council asked staff to analyze the required environmental review process for any amendments to the General Plan and zoning ordinance that would be required by CEQA. The City Attorney's legal opinion is as follows: "My opinion is that a second unit ordinance can be established for an entire city, in residential zones, without having to prepare an Environmental Impact Report or other environmental determination." The City Attorney's complete opinion and references are attached. FISCAL IMPACT: None 55 • ITEM NUMBER: B -2 DATE: 03-23-04 ATTACHMENTS: Attachment 1: RSF-Y Land Use Areas Greater than 1 acre Attachment 2: City of Atascadero Second Unit Ordinance Attachment 3: City Attorney Opinion Attachment 4: City of San Luis Obispo Second Unit Ordinance Attachment 5: City of Paso Robles Second Unit Ordinance • • 56 Al - ., �.' �i • M#tM Oy �,� �a��r�+�p•'4 iW if�fa411.,+�^a1o,*,t'OgLy"3 �3 IVA *3 � "*►^'*.',,, ',s.► tr '+ter�1..w a. ' '"^!",r,�.x``' . rm, Ov MW F Ow �r * 4*a ♦t� � " mi4vet�rtt`atr +�,,� **" ♦ ��t i".:. ar�f;✓r+ijlrrji•cI'� ,�"' . � ��r11 . Iwo i 'S. w 1► " T. ►'� �" �►.iv+' mAa i, • ♦ .� ;r1j �+44tt(•Il� ►��'�rt',,y,. .' yii `a, *ff/r'`•/�,Y��t7 . NP��♦� Ic7�MIl�ET� y��rFy' '`1� wt � t,,�ajq► �� ,;,4rM'r'.�.`w*�d��`,'a*"i,��"��ti*�'i"`w�+ t,�y� i��a{�R1)��t1�:4€ yl� ✓ �l'��+f 1 • 1►af /#.s"♦ 'a3 1\l+r /a p�t� //tt��✓,1 �h/#� �f' . :� E� !� 10, MCI .4! 1jr '^` 1►'"�s'"�#r v',+k r c . 7l k i 4�'a *,r��i'`�!s'("* 'y�r• $3, 1 ''-ys�►#. :,rt1� mss, ; I �c lith. ♦ � I "_'ua� �y, ON Elk ,� 1 /4,.: \'�/" i+�EER;� �., a x iia+.. ,�.1 �-y'� 'rd♦1�� .r.,,,, ��K �rw�r►i'{ tw d^ ��ixt ♦ �t ,,a r d d + ..:.�, t`+ � ��'* RFs tt "ss►�iiwi ill�,*+ �Mtl+rpt* ' .m-y�{q *��it'..�,+��'� �a�—jO*pN j1p�x�4i /Jy,'+ft4iMR :lulr �`i AS NMI v NOW AT; Am Mw ,�,� j` ,,.e,. � i �.• ,� �,i�j� /'. r�"�'NX,�"q�i��'ate ,�•!R' �1rrI�1�► 3�y iflM "r1, T�► ' �1� ��►Y r 1 s i w��1�"1 OWN +�'�' �'�'"� '� .'�'' +' ►�i•�"' � l,�/fir *s��t,,�j, �! ;,., ITEM NUMBER: B -2 DATE: 03/23/04 • Attachment 2: City of Atascadero Second Unit Ordinance 9-6.106 Residential accessory uses. The standards of this section apply to the specific types of residential accessory structures listed. Agricultural accessory structures for the keeping of animals are subject to Section 9-6.112. (b) Residential Second Units. A residential second unit may be established as an accessory use to a residence in the RSF-Y or LSF-Y zoning district as follows: (1) Lot Size: The net lot area shall be one (1) acre minimum. (2) Sewer: The second unit shall be connected to City sewer where available. Secondary engineered septic systems may be approved by the City Engineer. (3)Water: The second unit shall be served by a public water supply. (4) Meters: Separate utilities meters may be installed for second units. (5) Floor area: The maximum residential floor area shall be eight hundred (800) square feet. (6) Parking: One (1) enclosed parking space shall be provided. (7) Setbacks: The same setback requirements of a primary residential dwelling shall apply to secondary units. . (8) Appearance: The secondary unit shall be architecturally compatible with the primary residential dwelling. (9) Grading: Site grading and native tree removals shall be minimized to the greatest extent possible. (10) The unit shall be compatible with the surrounding neighborhood. • 58 ITEM NUMBER: B -2 DATE: 03/23/04 Attachment 3: City Attomey Opinion z TO: Wade McKinney{Warren Frace and City Council Members FROM: Roy A. Hanley, City Attorney 3 SUBJECT: Second Units/CEQA and Other Issues DATE: March 8,2004 OPINION IN BRIEF: My opinion is that a_second unit ordinance,can be established for an entire city, in residential zones, without having to prepare an Environmental Impact Report or other environmental determination. t LEGAL ANALYSIS: The code sections which govern this analysis include !Government Code Sections 65$52.1, 65852.2,Public Resources Code Section 21080.17 and California CEQA Guidelines Section15282 (i). Before reading i those sections, it is important to understand' the nature of the California> • Environmental Quality Act. There are two types of exemptions (sometimes referred to as exceptions as well) to the requirements that an initial study be prepared and an appropriate environmental document created for a'project. One type of exemption is categorical. There is a tong list of categorical exemptions. The way a categorical exemption behaves, is that in the absence of any evidence that a significant environmental impact will exist, the categorical exemption applies and the project may be approved and performed without further compliance with the regulatory provisions of the California Environmental Quality Act. A second type is a statutory exemption to the California Environmental Quality Act. Unlike categorical exemptions,'statutory exemptions provide a complete escape to CEQA even if there are significant impacts. In the case of Western Municipal' Water District of Riverside County v Superior Court of San' Bernardino County(1986) 187 CA 3d 1104, the court stated "The self-evident purpose of a [statutory],exemption is to provide an escape from the E.I.R. requirement despite a-project's clear, significant impact."See also the case of Napa Valley Wine Train, Inc. v. Public Utilities Commission (1990) 50 Cal 3d' 370. In each of those cases there were clear environmental impacts from the projects. However, because the projects were"statutorily"exempt from CEQA; no compliance at all was required. The basis for my opinion that a city does not have to comply with CEQA in order to allow second units in single-family residential and in multi-family residential zones is that such ordinances are statutorily exempt from CEQA. The California Environmental Quality Act is found in the California Public Resources Code. Public Resources Code Section 21080.17 states "This 59 ITEM NUMBER: B-2 DATE: 03/23/04 • 77 Memorandum March 8,2004 Page Two 'division does not apply to the adoption of an ordinance by a city or county to, !implement the ,provisions of Section 55852.1 or Section 65852.2 of the !Government Code." This is a statutory exemption. The California Environmental Quality Act provides for the State to issue regulations. The Iregulations in the State of California are commonly referred to in this area as the CEQA Guidelines. Section 15282 (a) of the CEQA Guidelines recognizes !this as a"statutory"exemption. Government Code Section 65852.1 refers to the creationofwhat are commonly i referred to as "granny units!' That Government Code Section provides that l"Not withstanding"Section 55906, any city, including a charter city, county or 3 city and county may issue a zoning variance, special use permit, or conditional use permit for a>>dwelling unit to be constructed, or which is=attached to or- detached from, a primary residence on a parcel zoned for'a single-family residence,if the dwelling unit is intended for the sole occupancy of one adult or two adult persons who are 62 years of age or over, and the area of floor space i of the attached dwelling unit does not exceed 30%of the existing living area or the area of the floor space of the detached dwelling unit does not exceed 1,200 • i.square feet. This section shall not be construed to limit the requirements of Section 65852.2, or the power of local governments to permit second units," A city is allowed to permit granny units under Section 55852.1 and have;a separate second unit provision under Government Code Section65852.2. Government Code Section 65852.2 is the code section that governs what are normally considered to be ".second units" as opposed to "granny units." That section provides the maximum restrictions that a city may place on second units. Attached to this memo is a copy of a memo previously prepared for the Solvang City Council in regards to second units under this section. Subsection (b)(4) of Government Code Section 65852.2'specifically provides that "No changes' in zoning ordinances or other ordinances or any changes in the I General Plan shall be required to implement this subdivision. Any local agency may amend its zoning ordinance or General'Plan to incorporate the policies; procedures, or other provisions applicable to the creation of second units if these provisions' are consistent with the limitations of this subdivision," Subsection (b)(5) provides that "A second unit which conforms to the requirements of this subdivision shall not be considered to exceed the 3 allowable density for the lot upon which it is located,and shall be deemed to be a residential use which is consistent with the existing General Plan and zoning designations for the lot. The second units'shall not be considered in the application of any local ordinance,policy,or program to limit residential growth." The referenced subparts of the Government Code clearly state that a second unit program can be created in all single-family and s OR 60 ITEM NUMBER: B -2 DATE: 03/23/04 • ;Memorandum ;March 8,2004; ;Page Three multi family zones in a city without making any changes to a zoning ordinance ?and without making any changes to a General Flan. Therefore, the changes :could be processed without an accompanying General Plan Amendment. .However, a city can go through,the process of changing its zoning code and ;amending its General Plan so long as the rules are consistent with Government =Code Section 65852.2. :There have been no Appellate cases interpreting the statutory exemption for granny unit and second unit construction. It might be possible to argue that-a city, having once adopted a second unit ordinance in conformance with Section 165852.2, may not thereafter,expand the residential zones, However, this ;argumentseems specious. If,``a city could allow second 'units in all of its residential zones at once, it does not seem consistent with the statutory exemption, nor the policy of State law to encourage second units to provide that a city, having tried second units in one residential zone may not thereafter expand the use of second units to other'residential zones even though it could have allowed them in all residential zones in the first place. r i i r 61 ITEM NUMBER: B-2 DATE: 03/23/04 I I ' Legal Report and Analysissis The State law of second units was originally enacted in '1982. The legislature found that there was a tremendous need for new housing and that the benefits of using second units to,create that new housing included providing a cost effective means of servingnese housing with existing infrastructure, relative/ affordable housing without _ � y g _ 8 public subsidy,_ and security foe homeowners. In 1982 a_City had an opportunity to outlaw second.units as long as they passed such a law within 120 days of receiving the first application,.for creation of a second unit, Ordinances forbidding second units had to contain certain findings, In most cities; the time has long passed and there does not remain an ability fort second units. to id n' nit . _ In the absence of a taw forbidding second units,a City must, under Government Code 65852.2 rovideifor second units in at least one zone. Provisions of ordinances allowing second units can not be so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create second units in zones in which they are allowed(Gov.Code 65852,150). However,so long.as the architectural and other rules do not unreasonably restrict the construction of such units, there is nothing in the state law that forbids the imposition of architectural standards. The city cannot impose size or parkingrequirements in excess of those allowed in 65852.2 (d) and (e). For examples of design requirements that have been upheld as not-illegally restrictive see Desmond v. County of Contra Costa(1993)21 CA 4s`330 and Farris v City of Costa • Mesa(1994)25 CA 0 963. (Please note that to the extent these,cases involved the use of a conditional use permit process to impose and monitor such conditions, they are-no longer useful cases.) :Many Cities have attempted to impose occupancy restrictions on such units under the theory that this is a"municipal affair". Government Code section 55852.2(b)does allow the city to require that at least one of the units be owner occupied. The legality and constitutionality of this occupancy standard was upheld by the appellate court in W Sounhien v.City of San Dimas(1996)47 CA 4'1181, This case has not been overruled. However,there is currently pending in the legislature Assembly Bill 1160. This bill,if passed,would make such occupancy restrictions illegal. Most other restrictions on second units have failed legal tests. Santa Monica allowed second units only,if the person occupying the second unit was the property owner or his/her dependent, or a caregiver for the property owner or;dependent. In Coalition Advocating Legal Housing Options v. City of Santa Monica(2001). 88 CA 4`t`' 451,that restriction was ruled unconstitutional, Amongst other grounds the court based its decision on the freedom of association guaranteed in the First Amendment. Likewise, many attempts by cities to regulate who can co-occupy residential property have failed to withstand legal challenges. For example, City of Santa Barbara v Adamson(1980) 27 Cal.3d 121 62 ITEM NUMBER: B -2 DATE: 03/23/04 0 Attachment 4: City of San Luis Obispo Second Unit Ordinance Chapter 17.21 SECONDARY DWELLING UNITS MAY 2003 Sections: 17.21.010 Purpose. 17.21.020 Definitions. 17.21.030 General requirements. 17.21.040 Performance standards. 17.21.050 Procedure requirements. 17.21.060 Violations. 17.21.010 Purpose. A. This chapter is intended to implement Government Code Section 65852(.150) and (2), which allows the city to perform administrative architectural review and . apply specific development standards to secondary dwelling units in residential zones. B. The city intends to regulate secondary dwelling units as permitted by Section 65852.2(a) of the State Government Code, and other applicable sections. C. The city recognizes opportunities to implement certain policies and programs of the city housing element of the general plan by providing for and regulating secondary dwelling units. D. Implementation of this chapter is meant to expand housing opportunities for low- income and moderate-income or elderly households by increasing the number of rental units available within existing neighborhoods. Secondary dwelling units are intended to provide livable housing at lower cost while providing greater security, companionship and family support for the occupants. 17.21.020 Definitions. For the purpose of this chapter, the following words and phrases have the meanings given them in this section: A. "Administrative use permit" is defined as defined by Chapter 17.58 of this code. B. "Director" means the director of the community development department or his designate. C. "Nonconforming lot"is defined as defined by Chapter 17.12 of this code. D. "Nonconforming use" is defined as defined by Chapter 17.10 of this code. E. "Primary unit" means an existing single-family residential structure that conforms with all zoning regulations in effect, including this chapter. F. "Secondary dwelling unit" means an attached or detached dwelling unit, which 63 ITEM NUMBER: B-2 DATE: 03/23/04 • provides complete independent living facilities for one or more persons and complies with all provisions of this chapter. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the primary unit is sited. G. Studio means a one-room dwelling unit with not more than 450 square feet of gross floor area as defined in section 17.04.430. 17.21.030 General requirements. A. Application.Where this chapter does not contain a particular type of standard or procedure, conventional zoning standards and procedures shall apply. B. Areas Where Secondary Dwelling Units Are Allowed. Upon meeting the requirements of this section, secondary dwelling units may be established in the following zones: R-1,R-2,R-3, and R-4. C. Areas Prohibited. Secondary dwelling units shall not be established in any condominium or planned development project unless specifically addressed in the planned development ordinance as adopted or amended, or any mobile home subdivision, or trailer park, and under no circumstances shall a secondary dwelling unit be allowed, where in the opinion of the director, a resource deficiency exists as defined by Chapter 2.44 of this code. Secondary dwelling units shall not be allowed on non-conforming lots D. Owner Occupancy. Either the primary unit or secondary dwelling unit must be • owner-occupied as an owner's primary residence. E. No Subdivision of Property. No subdivision of property shall be allowed where a secondary dwelling unit has been established unless the subdivision meets all requirements of zoning and subdivision regulations. Nothing in this section shall prohibit joint ownership of the property where a secondary dwelling unit has been established. F. Sale of Property. This section shall also apply to new owners of property where a secondary dwelling unit has been established if the property is sold. All conditions of the use permit, restrictive covenants and other contractual agreements with the city shall apply to the property and new owners. G. Unit Type Allowed. A secondary dwelling unit may be attached, detached or located within the living area of the primary unit on the lot. H. Size of Secondary Dwelling Unit. The gross floor area of the secondary dwelling unit shall not exceed four hundred fifty square feet and shall meet the definition of a studio apartment as defined by Section 17.04.430. The planning commission may authorize exception to this standard by use permit upon finding that: 1. The purpose of this chapter is served; 2. Strict compliance with the size limitation would (a) require significant structural modifications that would not be required otherwise; or(b) adversely affect an historic or architecturally significant building. L Secondary dwelling units are limited to 1 unit per qualifying property. • 17.21.040 Performance standards. A. Design Standards. Secondary dwelling units shall conform to all applicable 64 ITEM NUMBER: B -2 DATE: 03/23/04 zoning regulations such as height, Yards, Parking, building coverage, etc. except • for density requirements as defined by zoning regulations. 1. Secondary dwelling units shall conform to all applicable building and construction codes. 2. Nothing in this section prohibits applicants from requesting exceptions or variances from the strict interpretation of zoning regulations to the extent allowed by said regulations for any other use. 3. Secondary dwelling units shall be designed as to provide separate living conditions and provide a safe and convenient environment for the occupants. 4. Secondary dwelling units shall also be architecturally and functionally compatible with the primary unit. The new structure shall incorporate the traditional architectural characteristics of existing houses in the neighborhood, including window and door spacing,exterior materials, and roof pitch and style. 5. The height of second units should be consistent with surrounding residential structures. Unless adequate setbacks justify otherwise, secondary dwelling units that result in two-story construction shall be setback from the first floor to allow for solar access and reduced overlook. 6. Site planning: Secondary dwelling units should b e located behind or above the existing dwelling on the site. Designs that significantly alter the street appearance of the existing residence shall be discouraged. The presence or design of the secondary dwelling unit per se,will not justify granting development exceptions. 7. Private Open Space: A minimum of 250 square feet of private open space must be provided for secondary dwelling units exclusive of a minimum of 250 square feet to be provided for the primary residence on the property. Private open space provided at ground level must have a minimum dimension in every direction of at least 10 feet or 6 feet for spaces above ground level on an elevated deck or balcony. 8. Significant alterations to landform (grading in excess of 300 cubic yards) or removal of native trees or significant landscape trees shall be discouraged for the placement of a secondary dwelling unit. 9. A landscape plan shall be required for new secondary dwelling units. A minimum 5-foot wide landscape planter with screening shrubs shall separate parking areas from adjacent properties. Landscape shrubs and trees shall be required for areas between secondary unit and adjacent properties. 10. Parking: Secondary dwelling units that are 450 square feet or smaller shall require one parking space,regardless of zoning district. 11. Alterations to designated historic properties or structures to allow new construction of a secondary dwelling unit shall be reviewed by the Cultural Heritage Committee for consistency with the Secretary of Interior Standards for treatment of a historic property. 17.21.050 Procedure requirements. Prior to filing building plans with the city building division, the following shall be met: • A. Architectural Review Required. All requests shall receive minor or incidental 65 ITEM NUMBER: B-2 DATE: 03/23/04 • architectural review in accordance with the adopted architectural review commission ordinance and Community Design guidelines. All new development projects within Historic Districts or within 'properties that contain designated historic structures shall be referred to the Cultural Heritage Committee to be reviewed for consistency with Secretary of Interior Standards for treatment of a historic property. B. Application Contents. All proposed secondary dwelling unit requests shall be by formal application. C. Additional Requirements. 1. Owners Agreement with the City. The owner shall enter into an agreement with the city, on a form approved by the city attorney and community development director, agreeing that the property will be owner-occupied. Upon approval of architectural review and a building permit, this agreement shall be recorded in the office of the county recorder to provide constructive notice to all future owners of the property of the use and owner occupancy restrictions affecting the property. If owner occupancy is not possible, then the use will terminate, and the structure will be returned to its original condition to the satisfaction of the director. 2. Property owners receiving approvals for secondary dwelling units and establishing the use pursuant to this section shall also agree to reimburse the city for costs of all necessary enforcement actions. s. D. Appeal. Appeal procedures for this section shall be as provided by chapter 2.48.080 (Appeals-Architectural Review). 17.21.060 Violations. Violation of any of the provisions shall be basis code enforcement action. \Pdunsmore\Text Amendments\2nd units AB 1866\Final appvd ch 17.21.doc i 66 ITEM NUMBER: B-2 DATE: 03/23/04 • Attachment 5: City of Paso Robles Second Unit Ordinance 21.1613.010 Purpose. (a)This chapter is intended to implement Government Code Section 65852.2, which mandates that the city permit second units in residential zoning districts and which provides that the city may impose certain regulations on the development of second units. (b) The city recognizes opportunities to implement certain policies and programs of the city housing element of the general plan by providing for and regulating second units. (c) Implementation of this chapter is meant to expand housing opportunities for very-low, low- and moderate-income and/or elderly households by increasing the number of rental units available within existing neighborhoods. Second units are intended to provide livable housing at lower cost while providing greater security, companionship and family support for the occupants. (d) As mandated in Section 65852.2 of the Government Code, second units that comply with this chapter are considered not to exceed the density limits prescribed within this title for residential zoning districts. (Ord. 859 N.S. § 4, Exh. B (part), 2003) 21.1613.020 Applicability. (a) Where Permitted. Second units shall be allowed in then-A and R-1 zoning districts (including all B combining districts and PD overlay districts). (Ord. 859 N.S. § 4, Exh. B (part), 2003) 21.1613.030 Permit required. A plot plan application, in accordance with Chapter 21.2313, shall be approved by the community development director, or his/her designee, prior to issuance of a building permit for a second unit. (Ord. 859 N.S. § 4, Exh. B (part), 2003) 21.16D.040 General requirements. (a) No Subdivision of Property. No subdivision of property shall be allowed where a second unit has been established unless the subdivision meets all requirements of the city's zoning and subdivision regulations (Titles 21 and 22 of this code). Nothing in this section shall prohibit joint ownership of the property where a secondary dwelling unit has been established. (b) Constructive Notice. The property owner shall record an instrument, on a form approved by the City Attorney, to provide constructive notice to all future owners of the property of the second unit use and the restrictions on • subdivision that affect the property. Said instrument shall be recorded in the office of the county recorder prior to issuance of a building permit for a second 67 ITEM NUMBER: B -2 DATE: 03/23/04 • unit. Said instrument shall run with the land and be coterminous in tenure with the Life of the second dwelling unit. (c)Water and Sewer Service. Second units shall be served by city water and sanitary sewer systems. (d) Utility Meters. Only one electric, one gas and one water meter shall be allowed on the property and shall serve both the primary dwelling and the second unit. (e) Garage Conversions. Garages may be converted to second units provided that: 1. Replacement covered off-street parking, which conforms to Chapter 21.22 and to the underlying zoning district regulations (e.g. setbacks) is provided for the primary dwelling; 2. Off-street parking for the second unit is provided in accordance with this chapter; and 3. Converted garages meet all building code requirements for a dwelling unit. (f) Guest House. A second unit may not be developed on a lot containing a guest house (separate living quarters without kitchen facilities). However, a guest house may be converted to a second unit, provided that it complies with the regulations set forth in this chapter and with the regulations for the underlying zoning district. (g) Recreational Vehicles, Campers, and Travel Trailers. Recreational vehicles, campers, and travel trailers may not be used as second units. • (h) Non-Conforming Use. Only one second unit shall be permitted on a lot. If a lot contains two single-family dwelling units that were legally-established as a non-conforming use, as defined by Section 21.08.310, and were established prior to the effective date of the ordinance creating this chapter, a third dwelling unit, to be considered a second unit, shall not be permitted. (i) Non-Conforming Primary Dwelling. If the primary dwelling is a non- conforming building as defined by Section 21.08.300, an attached second unit may be developed subject to compliance with Section 21.20.350. (j) Illegal Second Unit. The establishment or continuance of a second unit contrary to the provisions of this chapter is declared to be unlawful and shall constitute a misdemeanor and a public nuisance. (Ord. 859 N.S. § 4, Exh. B (part), 2003) 21.16D.050 Development standards. Second units shall be subject to all development standards of the R-A or R-1 zoning district in which the property is located, except as modified below: (a) Floor Area. The total floor area of a second unit shall not exceed thirty percent of the total floor area of the existing dwelling unit area or one thousand two hundred square feet, whichever is greater. All development on a lot, including second units, must conform to the development standards of the underlying zoning district, including, but not limited to, setbacks, building • separations, maximum lot coverage, grading limitations, and oak tree preservation. 68 ITEM NUMBER: B -2 DATE: 03/23/04 (b) Lot Coverage. The entire lot shall conform to the lot coverage limitation of the zoning district in which the property is located. (c) Height. Attached second units shall conform to the height limits of the underlying zoning district. (d) Setbacks. A"second unit shall maintain the setbacks required in the underlying zoning district for a primary dwelling. Detached secondunitsshall not be considered as detached accessory buildings for the purpose of determining setbacks. Exceptions: (1) a second unit may be developed above an existing detached garage whose setbacks conform with those for detached accessory buildings; (2) a second unit may be developed above a new detached garage whose vehicle doors are set back five feet from an alley right-of-way. (e) Building Separations. A minimum separation of ten feet shall be maintained between the primary dwelling and a detached second unit. (f) Off-Street Parking. (1) Off-street parking for the primary dwelling shall conform to the current parking standards as set forth in Chapter 21.22. (2) Off-street parking for the second unit shall be provided as follows: (A) One additional off-street parking space, covered or uncovered, shall be provided for each studio or one-bedroom second dwelling unit; two additional off-street parking space, covered or uncovered, shall be provided for each second unit with two or more bedrooms. (B) The additional off-street parking spaces for second units must be on a • paved surface; measure ten feet in width if covered, nine feet in width if uncovered, and twenty feet in depth; tandem spaces may be approved for second units; in the R-1 zoning district, the total amount of paved area for parking and driveways shall not exceed the limits set forth in Section 21.16E.320; (C) Parking spaces for second units may not occupy driveways and back-up areas that serve garages for the primary dwelling, nor may they occupy circular drives or hammerhead turn-arounds that serve the primary unit (which are intended to provide means by which vehicles can enter a street head-first); (D) Tandem parking for second units may be approved by the community development director, or his/her designee, instead of the planning commission. (E) Parking spaces for second units may occupy areas for required rear and interior side yards; (F) Primary dwellings with three-car garages may allow one bay and the driveway space in front of the bay to be used for a second unit off-street parking; (G) If the lot takes access from a collector or arterial street, as designated in the circulation element of the general plan, parking for second units shall not be designed so that vehicles can only back into the street; for this reason, second units may not be permitted on many lots that take access from a collector or arterial street; (H) For lots with frontage on only one street, the community development • director, or his/her designee, may deny a plot plan application that proposes 69 ITEM NUMBER: B-2 DATE: 03/23/04 • the situations described below in order to provide access to parking for a second unit: (i) The total amount of paving for parking for both the primary and second unit would exceed seventy-five percent of the front yard setback; (ii) For lots with access to an alley, propose to add a new driveway into a collector street, as designated in the circulation element of the general plan; or (iii) For corner lots, provide a new driveway that would create a public safety hazard to pedestrians or vehicles. (g) Architectural Design.The design of the second unit shall be compatible with the design and scale of the primary dwelling (using substantially the same landscaping, color, materials and design on the exterior). (h) Attached Second Units. If the second unit is attached to the primary dwelling, each shall be served by separate outside entrances. The interior wall(s) of an attached unit which separate it from the main unit shall be fire- rated according to the most recent uniform building code. (Ord. 859 N.S. § 4, Exh. B (part), 2003) 21.16D.060 Development fees. Since they must be rented, second units, whether attached or detached, shall be considered as multi-family units for purposes of determining city development fees. (Ord. 859 N.S. § 4, Exh. B (part), 2003) • 70 ITEM NUMBER: B -3 DATE: 03/23/04 191s t 19 a a Atascadero City Council Staff Report - Community Development Department 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) RECOMMENDATIONS: Planning Commission Recommends: Council: • 1. Adopt Resolution A certifying Mitigated Negative Declaration 2003-0051; and, 2. Introduce for first reading, by title only, draft Ordinance A approving Zone Change 2002-0036 based on findings; and, 3. Adopt draft Resolution B approving the Master Plan of Development (CUP 2003- 0087) based on findings and subject to Conditions of Approval and Mitigation Monitoring, replacing Exhibit E with the revised grading and drainage plan; and, 4. Adopt draft Resolution C approving Vesting Tentative Tract Map 2003-0043 based on findings and subject to Conditions of Approval and Mitigation Monitoring. REPORT- IN - BRIEF: The proposed project consists of an application for a Zone Change, Conditional Use Permit (CUP) and Tentative Tract Map. The Zone Change request would establish a Planned Development #7 overlay on the site subject to a master plan of development (CUP) that would allow six (6) new single-family residences to be constructed on six individual parcels. The project is subject to architectural, landscape, and site design standards. 71 ITEM NUMBER: B -3 DATE: 03/23/04 Situation and Facts 1. Applicant/ Representative: Jack Huckobey 5050 Portola Rd., Atascadero, CA 93422 Michael Emrich 8580 Casanova Rd., Atascadero, CA 93422 2. Project Address: 7755 Navajoa Ave, Atascadero, CA 93422 (San Luis Obispo County) APN 031-183-002 3. General Plan Designation: General Plan Designation: Medium-Density Residential (10 units/acre) 4. Zoning District: RMF-10 (Residential Multiple Family) 5. Site Area: 0.56 acre 6. Existing Use: Vacant 7. Environmental Status: Proposed Mitigated Negative Declaration 2003-0051 DISCUSSION: • Background: On October 7, 2003, the Planning Commission held a public hearing for the proposed project and recommended that the City Council approve the proposed project, as conditioned. The Commission recommended project approval on a 5-2 vote (refer to attached minutes). On November 25, 2003, The City Council amended the Interim Inclusionary Housing Policy by changing the affordable in-lieu fee from 2.50 percent to 5.00 percent of the construction valuation of the market rate units. In order to this change in policy to be incorporated into the proposed project, the City Council must amend project Condition#12 of the CUP and Condition #8 of the Tract Map On December 19, 2003, the City Council held a public hearing for the proposed project. The Council, afterconsidering testimony from the applicant and the public, referred the project back to the applicant to revise the grading and drainage plan due to concerns over the historic drainage patterns of the site and surrounding area. The original plan showed the site draining toward the front of the site, which was not the historic drainage path and caused concerns over neighborhood impacts. The applicant has revised the grading plan to shift drainage toward the rear of the property and out to Morro Road by way of metering flows off site following historic drainage patterns. Storm water from Navajoa Ave will enter the property and follow the historic drainage course to the 4 existing Morro Rd storm drain. 72 ITEM NUMBER: B -3 DATE: 03/23/04 • Proiect Definition: The proposed project consists of six new single-family homes located on individual lots that will be developed under the requirements of the P D-7 overlay district within the RMF-10 (Residential Multi-Family) zoning district. The new homes will be 1,980 square feet including a 528 square foot garage. Each home will have a two-car attached garage with one additional uncovered guest parking space. Each unit is consistent with the PD-7 requirement of providing a minimum 40% parcel landscaping and building footprints of less than 35% of the parcel area. A Master Plan of Development will include all site development and architectural design standards for the project. The Master Plan of Development will be approved in the form of a Conditional Use Permit as required by the Zoning Ordinance. Any future amendments to the Master Plan of Development can be made by the Planning Commission in the future, independent of Council action. Project Summary Table Lot Area 4511 sf 3878 sf 3751 sf 3798 sf 3934!s"113 Building Footprint 1137 sf 1137 sf 1137 sf 1137 sf 1137 (not to exceed 35% ) 25% 29% 30% 30% 29% 26% Landscaped Area 1804 sf 1558 sf 1616 sf 1630 sf 1653 sf 1840 sf • (minimum 40% ) 40% 40% 43% 43% 42% 42% Covered Parking 2 spaces 2 spaces 2 spaces 2 spaces 2 spaces 2 spaces Guest Parking 1 spaces 2 spaces 1 spaces 1 spaces 1 spaces 1 spaces Lower Living Area 1 11371 1137 1137 1137 1137 1137 Upper Living Area 1 840 840 840 840 840 840 Existinq Setting: North: Multi-family Residential South:General Commercial: Existing office use East: Multi-family Residential West: General Commercial: Project Existing office use Site • 73 ITEM NUMBER: B -3 DATE: 03/23/04 • The General Plan and Zoning Ordinance identifies the project site, along with adjacent properties to the east and north as Medium-Density Residential with a maximum density of 10 dwelling units per acre. Properties to the south and west are designated as General, Commercial and are currently developed with office uses. The project site's multi-family residential zoning is consistent with the General Plan. The General Plan and zoning incorporates factors such as slope, native trees, circulation, building coverage and landscape development standards that could reduce the density accordingly. The zoning ordinance allows the establishment of a Planned Development Overlay No. 7 (PD-7) in the multi-family zone, which requires a minimum of four single- family units, consistent with the PD-7 site development standards and appearance review, as analyzed within this report. The PD-7 overlay zone requires a Master Plan of Development that incorporates site development standards and appearance review including architecture, landscaping, and site design standards. Per the zoning ordinance, the Master Plan of Development is processed as a Conditional Use Permit. Design and Appearance: The proposed project has been designed to meet the requirements of the Atascadero Municipal Code and the appearance review requirements of the General Plan. • Architecture, Materials, Color: The applicant has worked with staff in designing the homes with architectural features, upgraded building materials, compatible colors, and landscape design consistent with the PD-7 development standards. In addition, staff has added conditions of approval consistent with General Plan and Zoning requirements and agreed upon by the applicant. The project has been designed with two story single-family residences that incorporate quality building materials and accentuated facade elements to blend with the existing neighborhood along Navajoa Avenue. Although each unit shares a similar interior floor plan, a combination of accent materials, color pallets, and roof color has been proposed for each residence.The residences are centered around an inner pavered courtyard and are positioned to enhance a neighborhood appearance while maximizing private rear yard space. A variety of architectural features will be incorporated into the throughout the project, including: Covered porches on the corner units, redwood trellis' over rear yard patio spaces, window accents, stone veneer base, and brushed tile roofing. All trash storage, recycle storage, and air conditioning units will be screened from view behind fenced or landscaped enclosures. Additional conditions have been included that will require the garage doors be architectural grade and be painted to match the selected body color (Condition #6). Refer to elevations on the next page. The developer will landscape all front yards (Condition #9). Back yards will be • 74 ITEM NUMBER: B 3 DATE: 03/23/04 • landscaped by the individual property owners. All landscape maintenance will be the responsibility of the individual property owner. Elevations G x ccs u^u' }g'1 77 il =MM,31WE ✓ ,w ww ........�.,...„.,. .....:., 'moi�� . f �7775 z„ 3 • £ !-..FRONT-VMU -V1 : tT"ORCW Navaioa Street Elevations l qi s M { _ t 75 ITEM NUMBER: B -3 DATE: 03/23/04 • The applicant has included sample elevations illustrating color and material schemes. Refer to Exhibit H for details. Landscape Design: The preliminary landscape plan has been designed for compatibility with the surrounding neighborhood and appearance from Navajoa Avenue. The plans identify landscaping throughout the site including rear yard shade trees for each parcel. The streetscape includes shade trees and the entirety of the shared driveway is proposed to be decorative pavers. As conditioned, the landscape plan meets the PD-7 requirements. Tree Removals: The applicant has identified previous native trees that existed on-site prior to the applicant gaining ownership of the property. Although the applicant was not responsible for the tree removals, he has agreed to recommended native tree replacement plantings," incorporated into the proposed project. The applicant has agreed to include eight plant 24-inch box sized native oak trees in the landscaping and provide payment of $500.00 into the tree replacement fund in compliance with the Atascadero Native Tree Ordinance. dbh notes dbh notes 1 14-inches Walnut 1 0-inches 2 14-inches Walnut 2 • 3 14-inches Walnut 3 4 6-inches Walnut 4 5 8-inches Walnut 5 6 10-inches Walnut 6 7 12-inches Walnut 7 8 8-inches Walnut s s 12-inches Walnut s 10 12-inches Walnut 10 11 14-inches Walnut 11 12 8-inches Walnut 12 13 10-inches Walnut 13 14 10-inches Walnut 14 15 10-inches Walnut 15 16 12-inches Walnut 16 Total 174-inches Total 0-inches 174-inches Mitigation Requirement req'd tree replacements: 58 five gal trees req'd tree replacements: 0 five gal trees 58 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 8 box trees(24") 0 box trees(24") 8 box trees(24") Remaining Mitigation 10 five gal trees Remaining Mitigation 0 five gal trees 10 five gal trees Tree Fund Payment: $ 500.00 Tree Fund Payment: $ - I $ 500.00 Site Plan, Circulation, and Parking: The site plan has been proposed to meet the requirements of the Atascadero Municipal Code and the appearance review requirements of the General Plan. The project will include street frontage improvements along Navajoa Avenue. The proposed paver driveway is designed to be 76 ITEM NUMBER: B -3 DATE: 03/23/04 • sixteen-foot wide paved width with 20 feet clear spaces provided with use of low lying groundcover along the east side for emergency vehicle access (Condition #17). Each lot contains a minimum of two covered parking spaces and one uncovered guest space, which is consistent with the PD-7 requirements. Site Drainage: On-site storm water detention is accommodated by a basin located at the terminus of the proposed shared driveway. Easements have been recorded across adjacent properties to accept project drainage and divert storm water to Morro Rd. Wastewater: Sanitary sewer will be connected to the existing Navajoa Avenue sewer line. 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 a in-lieu fee to be collected. As presented to the Planning Commission and reflected in their recommendation, this project allows the project applicant a choice of either setting aside one housing unit at the moderate rate for a period of 30 years, or paying an in-lieu fee based on 2.50% of the valuation of each of the market rate units. However, on November 25, 2003, the City Council amended the Interim Inclusionary Housing Policy by changing the affordable in-lieu fee • from 2.50% to 5.00% of the construction valuation of the market rate units. In order to incorporate this policy change into the proposed project, the City Council must amend project Condition #12 of the CUP and Condition #8 of the Tract Map. 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 $ 294,679 or the rent does not exceed $ 1,232 per month with a 30-year deed restriction commitment. These numbers are subject to change as they are adjusted monthly. Tentative Tract Map: A six-lot tract map is proposed as part of the project consistent with the Master Plan of Development. The tract map includes conditions of approval to meet all City standards including street frontage improvements. The applicant will be required to record C C&R's f or t he map that w ill include maintenance and access of common areas (Condition #26/TTM Condition #19). Master Plan of Development (Conditional Use Permit): As previously mentioned, a Master Plan of Development is required for the PD-7. The Planning Commission 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. 77 ITEM NUMBER: B -3 DATE: 03/23/04 • Staff Comment: The use is consistent with the Multi-Family Residential designation of the Plan and General Plan Land Use Element Policy 1.1, Housing Element Policy 1.2, Housing Element Policy 2.2, and Housing Element Policy 4.3. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the PD-7 Ordinance. Staff Comment: As conditioned and based of findings, the project satisfies all PD-7 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 detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. Staff Comment: The proposed residential project will not be detrimental to the general public or working persons health, safety, or welfare. 4_ That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: Thej roect has been designed to be consistent with the existin • p 9 g neighborhood character. 5. That the proposed useorproject 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 rom f ull development in accordance with the Land Use Element. Staff Comment: The proposed project and use is consistent with the traffic projections and road improvements anticipated within the General Plan. The proposed project density (10 units/acre) equates to a maximum of 6 units on the project site. 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. General Plan Consistency: The proposed project is consistent with the following General Plan Land Use Element Policies: 78 ITEM NUMBER: B -3 DATE: 03/23/04 • Land Use Policy 1.1: "Preserve the rural atmosphere of the community and assure "elbow room" in areas designed for lower density development by auidina new development into the Urban Core to conform to the historic Colony land use patterns of the City and to respect the natural environment, hillside area and existing neighborhoods': Housing Element Policy 1.2: "Encourage a variety of high quality developments with detached units on individual lots or airspace condominiums on commonly owned lots." Housing Element Policy 2.2: "Promote and encourage availability of new housing units to first time homebuyers." Housing Element Policy 4.3: "Encourage attractive architecture and site landscaping that respect terrain and native trees': Implementing General Plan programs require appearance review of architectural design, materials, street trees, and landscaping to maintain the retain the rural atmosphere, protect the environment, and incorporate architectural themes into the site and building design. As analyzed above, the proposed project as conditioned is consistent with the General Plana The Planning Commission finds that the project is consistent with the goals and • policies of the Land Use Element and the Housing Element, including compliance with Council Policy regarding affordable housing provisions. The project will provide six small lot, single-family dwellings that fulfill an important housing need within the community. As conditioned, the project incorporates architectural and landscape elements that are consistent with the scale and character of the surrounding neighborhood and the General Plan's appearance review requirement. Proposed Environmental Determination: Staff has prepared a Draft Mitigated Negative Declaration 2003-0051, circulated to public agencies and interested members of the public on September 17, 2003. The environmental analysis identifies potential impacts to aesthetics, air quality, cultural resources, geology & soils, hydrology & water quality, land use and planning, noise, and utility systems. Mitigation measures and a finding are 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. Conclusion: The proposed project is consistent with the General Plan and Atascadero Municipal Code, as analyzed within this staff report. The applicant proposes design modifications and agrees with all mitigation measures and conditions of approval. The Planning Commission recommends that the proposed project, as conditioned allows the Council to make all of the required findings for project approval. • 79 ITEM NUMBER: B -3 DATE: 03/23/04 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. ALTERNATIVES: 1. The Council may make modifications to the project and/or conditions of approval for the project. 2. The Council may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Council should clearly state the type of information that is required and move to continue the item to a future date. 3. The Council may deny the project. The parcel would retain its designation of Residential Multi-Family. The Council should specify the reasons for denial of the project and make an associated finding with such action. ATTACHMENTS: • it Attachment 1: Location Map, Zoning and General Plan Attachment 2 Planning Commission Meeting Minutes Attachment 3: Draft Resolution A-Proposed Mitigated Negative Declaration Attachment 4: Draft Ordinance A - Proposed Zoning Map Change Attachment 5: Draft Resolution B - Proposed Master Plan of Development Attachment 6: Draft Resolution C - Proposed Vesting Tentative Parcel Map • 80 ITEM NUMBER: B -3 DATE: 03/23/04 Attachment 1: Location Map, General Plan and Zoning f f F {� f Project : ro Site mo-,....... .. � _. General Plan MDR Zoning District RMF-10 81 ITEM NUMBER: B -3 DATE: 03/23/04 Attachment 2: Planning Commission Meeting Minutes of 70/7/03 • Minutes can be referenced at the Community Development Department at City Hall or by accessing the City website,www.atascadero.org. • 82 ITEM NUMBER: B -3 DATE: 03/23/04 • ATTACHMENT 3: Draft Resolution A DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, CERTIFYING PROPOSED MITIGATED NEGATIVE DECLARATION 2003-0051 PREPARED FOR ZONE CHANGE 2002-0036, CONDITIONAL USE PERMIT 2003-0087 AND TENTATIVE TRACT MAP 2003-0043 APN 031-183-002 (7755 Navajoa Ave/Huckobey) WHEREAS, an application has been received from Jack Huckobey (5050 Portola Rd, Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a zone change from RMF-10 (Residential Multi-Family) to RMF-10 / PD-7 (Residential Multi- Family with Planned Development Overlay #7) with the adoption of a Master Plan of Development, and a four lot residential Tentative Parcel Map on APN 031-183-002 and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2003-0051 • 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, October 7, 2003 following the close of the review period to consider the Initial Study and Proposed Mitigated Negative Declaration; and, WHEREAS, the Atascadero City Council, at a Public Hearing held on December 9, 2003 following the close of the review period to consider the Initial Study and Proposed Mitigated Negative Declaration; and, NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero, to certify Proposed Mitigated Negative Declaration 2003-0051 based on the following Findings as shown in Exhibit A: 1. The Proposed Mitigated Negative Declaration has been completed in compliance with CEQA; and, 2. The Proposed Mitigated Negative Declaration was presented to the Planning Commission, and the information contained therein was considered by the Planning Commission, prior to recommending action on the project for which it was prepared; and, 83 ITEM NUMBER: B -3 DATE: 03123/04 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. 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: ABSTAIN: 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 • 84 ITEM NUMBER: B -3 DATE: 03/23/04 • Exhibit A Proposed Mitigated Negative Declaration 2003-0051 CITY OF ATAS PROPOSED MITIGATEDS NEGATIVE DECLUUTION #2003-0051 6500 Palma Avenue Atascadero,CA 93422 $051461-5035 Appeomm H y,5050 Porbk Rd,Atocadero,Ca 93422 461-9234 Project TWe: 7755 Navajoa Ave PD-7,Zone ChWe 2003-0036,Cordtonal Use Permit 3-0097;7o Parcel Ma 2002•M for a 4-lot PD-7 subdivision Project 7755 Navajoa Ave,Atescadom CA 93422(Single Familyloe ' ) l e (SeulxisObispo Caeintyl APN 031-1$3-002. projeat. The poposed project consist of an application Jbr a Zone Change,Cou tional Llss Pemdt and bescripaom Tentative Pmel l&p. The ptoposedpwJectcormst of=�ew .fivatlyho s lofted on individd bts tW wa11bodmloped wxler the requ uevwnb of tte PD•7 owrkydistrict within the Resklential lddltirFaen lg(PM-10)zoning district.Eachptoposedreaklem is approximatelY2000 • sqasrefest The prow; ct inchubs one home per lot ch with a two-car garage. ligation will be nquirvdfort1%=wvalof native walnut trees. Gonad PDesigraton: blediumDa tyRosidential-1v1DR Zokug District" Residential Wt ple Ferdly—R1v1F 10 Fs: 1. The project does not have,the potential to dagrade the environment, 2. The project will not acbieve short4orm to the disadvantage of 1r n -tare environmental goals. 3. The project does nothave impacts which are individually limited,but cunt Actively considerable. 4. The project willnot cause sasbstantial adverse effects cn human beings either directty or indirectly. S. "enniawfiew Based onthe above findings,andthe information contain ediathe initial$U*2003-0031(Made a pattharaofby reference end onfile in the Community Development DepattmenO,it has been deterred thmthe above projectwill nothaeme an adverse=f ad onthe onvirormentwhonthe following proposed mitigation measures are incorporated into the project(see attachment). Prepered by ketty Gleason Ass ate 1'lwmer Date Posted September 17,2003 1tbHo Review tictober6,2003 Att b - Locat rn lZoning1dap - Site Plan - Elevations • AWIMM 85 ITEM NUMBER: B -3 DATE: 03/23/04 ATTACHMENT 4: Draft Ordinance A DRAFT ORDINANCE A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA,APPROVING ZONE CHANGE 2002-0036, AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF APN 031-183-002 FROM RMF-10 TO RMF-10 / PD-7 (7755 Navajoa Ave / Huckobey) The City Council hereby finds and declares as follows: WHEREAS, an application has been received from Jack Huckobey (5050 Portola Rd, Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a zone change from RMF-10 (Residential Multi-Family) to RMF-10 / PD-7 (Residential Multi- Family with Planned Development Overlay #7) with the adoption of a Master Plan of Development, and a four lot residential Tentative Parcel Map on APN 031-183-002 and, WHEREAS, the site's General Plan Designation is MDR(Medium Density Residential); and, WHEREAS, the site's current zoning district is RMF-10 (Residential Multiple-Family); and WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Official Zoning Map to protect the health, safety and welfare of its citizens by applying orderly development of the City; and, WHEREAS,the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary,was admitted on behalf of said Zoning amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed a Public Hearing held on Tuesday, October 7, 2003, studied and considered Zone Change 2002- 0036, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, • i 86 ITEM NUMBER: B -3 DATE: 03/23/04 WHEREAS, the Atascadero City Council, at a Public Hearing held on December 9, 2003, studied and considered Zone Change 2002-0036, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. Findings for Approval of a Zone Chance to the Official Zoning Map of Atascadero Creating a PD-7 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. 4. Proposed plans offer certain redeeming features to compensate for the requested modification. SECTION 2. Approval. The Atascadero City Council, in a regular session assembled on December 9, 2003 resolved to introduce for first reading an ordinance that would rezone the subject site consistent with the following: 1. Exhibit A: Zone Change Map SECTION 3. A summary of this ordinance, approved by the City Attorney,together with the ayes and noes, shall be published twice: at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before the expiration of fifteen (15) days after its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero. A copy of the full text of this ordinance shall be on file in the City Clerk's office on and after the date following introduction and passage and shall be available to any interested member of the public. • 87 ITEM NUMBER: B -3 DATE: 03/23/04 INTRODUCED at a regular meeting of the City Council held on , and PASSED . and ADOPTED by the City Council of the City of Atascadero, State of California, on by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: CITY OF ATASCADERO By: George Luna, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk • APPROVED AS TO FORM: Roy A. Hanley, City Attorney • 88 ITEM NUMBER: B -3 DATE: 03/23/04 • Exhibit A: Zone Change Map ZCH 2002-0036 a, x Existing Zone: RMF-10 Proposed Zone: RMF-10 / PD-7 .� • 89 ITEM NUMBER: B -3 DATE: 03/23/04 ATTACHMENT 5: Draft Resolution B • DRAFT RESOLUTION B RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA,APPROVING CONDITIONAL USE PERMIT 2003-0087, ADOPTING A MASTER PLAN OF DEVELOPMENT FORA PD-7 OVERLAY ZONING DISTRICT ON APN 031-183-002 (7755 Navajoa Ave /Huckobey) WHEREAS, an application has been received from Jack Huckobey (5050 Portola Rd, Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a zone change from RMF-10 (Residential Multi-Family)to RMF-10 / PD-7 (Residential Multi-Family with Planned Development Overlay#7)with the adoption of a Master Plan of Development, and a six-lot residential Tentative Parcel Map on APN 031-183-002 and, WHEREAS, the site's General Plan Designation is MDR(Medium-Density Residential); and, WHEREAS, the site's current zoning district is RMF-10 (Residential Multiple-Family); • and, WHEREAS, the Planning Commission has recommended that a site be rezoned to include a PD-7 overlay district which requires the adoption of a Master Plan of Development; and, WHEREAS, the 1 aws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA)have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on Tuesday, October 7, 2003, studied and considered the Master Plan of Development (CUP 2003-0087), after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and WHEREAS, the Atascadero City Council, at a Public Hearing held on December 9, 2003, studied and considered the Master Plan of Development (CUP 2003-0087) for Zone Change 2002-0036, after first studying and considering the Draft Mitigated Negative Declaration • prepared for the project, and, 90 ITEM NUMBER: B-3 DATE: 03/23/04 NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero: 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-7 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 t he p roposed p roj ect o r u se w ill n of b e i nconsistent w ith t he c haracter o r t he 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. 6. Front yard setbacks are approved at 10 feet from the edge of pavement for the main residence per Exhibit B as a residential courtyard design theme. SECTION 2.F indings f or A auroval o f T ree R emoval Permit. The City Council finds as follows: 1. The trees were obstructing proposed improvements that could not be reasonably designed t o a void t he n eed f or t ree r emoval, a s c ertified b y a r eport from t he S ite Planner and determined by the Community Development Department. SECTION 3. Approval. The Atascadero City Council, in a regular session assembled on December 9, 2003, resolved to approve Conditional use Permit 2003-0087, a Master Plan of Development for Zone Change 2002-0036 subject to the following: 1. EXHIBIT A: Conditions of Approval/Mitigation Monitoring Program 2. EXHIBIT B: Site & Landscape Plan 3. EXHIBIT C: Fencing Design i4. EXHIBIT D: Statistical Summary 91 ITEM NUMBER: B -3 DATE: 03/23/04 5. EXHIBIT E: Grading&Drainage Plan 6. EXHIBIT F: Elevations 7. EXHIBIT G: Floor Plan 8. EXHIBIT H: Exterior Color&Material Sample Board On motion by Council Member and seconded by Council Member the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: George Luna, Mayor • ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Roy A. Hanley, City Attorney 92 ITEM NUMBER: B -3 DATE: 03/23/04 • EXHIBIT A.Conditions of Approval/Mitigation Monitoring Program PD-7 Master Plan of Development(CUP 2003-0087)/ZCH 2002-0036 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business License BS:Building Services 7755 Navajoa Ave GP:Grading Permit FD:Fin:Department BP:Building Permit PD:Police Department PD-7 Master Plan of Development FI:Final Inspection CE:cityEngineu TO:Temporary Occupancy WW:Wastewater CUP 2003-0087/ZCH 2002-0036 FO:Final Oeeuparcy CA,CityEdtorney Planning Services 1. The approval of this zone change and use permit shall PS become final and effective following City Council approval. 2. Approval of this Master Plan of Development shall be valid FM PS concurrently with the life of Tentative Tract Map 2003- 0043 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 BP/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 Exhibit F and H with the following modifications,subject to staff approval: ■ Staff shall review and approve final color selections for neighborhood compatibility and consistency with the approved Master Plan of Development. ■ Windowsill treatment shall be pre-cast or solid wood elements. ■ Porch railing on units 1 and 4 shall be wood and shall be painted to match the approved trim color. • Garage doors shall of architectural grade and shall be painted to match the body color of each unit. • Windows shall be single or double hung vinyl and 93 ITEM NUMBER: B-3 DATE: 03/23/04 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program (Monitoring Measure • PS:Planning Services BL:Business Licence BS:Building Seryces 7755 Navajoa Ave GP:Grading Pemdt FD:Pae Department BP:Building Perr it PD:Police Department PD-7 Master Plan of Development Fl:Finallnspecdon CE:City Engineer TO:Temporary Occupancy WW:Wastewater CUP 2003-00871ZCH 2002-0036 FO:Final Occupancy CkCity Momey shall be complimentary in color to the color schemes shown in EXHIBIT H. ■ Roof material is to be of architectural grade. 7. All site development shall be consistent with the maximum BP/FM PS intensities described in the statistical project summary as shown on EXHIBIT D. 8. All site work,grading and site improvements shall be BP/FM PS consistent with the Master Plan of Development as shown in EXHIBIT B,D and 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 B. 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 yards and street facing side yards shall be landscaped by the developer. All landscape maintenance shall be the responsibility of the individual property owner. ■ Street trees shall be 15-gallon London Plane trees planted on each lot along Navajoa.Two trees shall be planted on each street facing lot and shall be evenly spaced. ■ All required landscape trees shall be double staked upon installation. ■ Where possible,guest parking spaces shall be modified to provide a landscape planter between the buildings and the edge of pavement.Colored brick shall separate parking spaces where designation is necessary. 10. All project fencing shall be installed consistent with BP PS EXHIBIT B and C subject to the following modifications. a. Fencing shall be constructed of 4-foot high solid redwood or cedar boards with 2-foot lattice section above. b. No fencing shall be placed within the front or comer yard setback. c. The design of all fencing shall be compatible with the overall project design,subject to staff approval 11. A Tree Protection Plan shall be prepared for GP PS encroachment within the dripline of native trees located on BP adjacent properties. 12. 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 2.50%of the valuation of each of the market rate units. • 94 ITEM NUMBER: B -3 DATE: 03/23/04 Conditions of Approval/ Timing Responsibility Mitigation • /Monitoring Measure Mitigation Monitoring Program PS:Planning Services BL:Bumess License BS:Building Services 7755 Navajoa Ave GP:Grading Permit FD:Fire DvaWnent BP:Building Permit PD:Police Depa hent PD-7 Master Plan of Development Fl:Final Inspection CE:Cily Engineer TO:Temporary Occupancy WW:W Vater CUP 2003.0087/ZCH 2002-0036 FO:Final Oceuparq ca:cilyAbD er 13. All exterior material finishes(stucco,materials,lighting, BP PS garage doors)shall be durable,high quality,and consistent with Exhibit H. 14. 24"box live oak trees shall be planted in the front yard of FM PS,CE Lots 3 and 4. 15. Workforce Housing FM PS,CE Prior to recordation of final map,the applicant shall enter into a legal agreement with the City to reserve Y2 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. 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. A minimum 16' paved with 20'total clear width access FM PS,CE with a minimum head clearance of 13'-6"is to be provided to each building location. Twenty-foot clear width may be provided with use of turf block or low-lying shrubs along the west side for emergency vehicle access. • 18. The location of all existing and proposed fire hydrants FM CE shall be shown on subsequent building permit applications. 95 ITEM NUMBER: B -3 DATE: 03/23/04 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business License BS:Building Services 7755 Navajoa Ave GP:Grading Parma FD:Fre Department BP:Building Permit PD:Police Department PD-7 Master Plan of Development FI:Final Inspection CE:City Engineer TO:Temporary Occupancy WW:Wastewater CUP 2003-0087/ZCH 2002-0036 FO:Final Occupancy cacaynaomey 19. A letter shall be provided from Atascadero Mutual Water FM CE Company stating the minimum expected water available to the site. Amount available must meet minimum requirement specified in the California Fire Code. 20. Address signage design shall be provided prior to FM CE issuance of any subsequent building permits. 21. fire lanes shall be delineated to restrict parking as FM CE required by the Fire Authority. City Engineer Site Specific Conditions 22. The applicant shall construct new curb,gutter and BP PS/PW sidewalk, in accordance with City Standards,as shown on improvement plans,along entire frontage. 23. The applicant shall overlay or slurry seal the entire BP PW street frontage of Navajoa,in accordance with City Standards. 24. The applicant shall retain the onsite 50 year developed BP/GP/FM PW storm and meter out the 2-year historic storm in the historic release location.The basin shall have a overland escape route for storm events over the 50 year event.The overland escape route shall not damage other properties.The Storm water from Navajoa Ave shall be allowed to enter the site and be released at a historic location.addFess stermwateF detention to the 25. The applicant shall pay sewer Extension(Annexation) BP PW and Connection fees upon issuance of building permit. 26. A homeowners association,or other funding and FM pw maintenance agreement shall be submitted for approval by the City Engineer and City Attorney prior to recording the final map. The agreement shall cover scheduled maintenance of the pervious pavers, and maintenance of the drainage facilities. 27. Existing drainage patterns from adjacent properties BP PW shall not be obstructed. 28. All drainage from improvements shall cross property FM PW lines within drainage easements. City Engineer Standard Conditions 29. In the event that the applicant is allowed to bond for the BP BS public improvements required as a condition of this map,the applicant shall enter into a Subdivision Improvement Agreement with the City Council. • 30. An engineer's estimate of probable cost shall be BP PW submitted for review and approval by the City Engineer i 96 ITEM NUMBER: B -3 DATE: 03/23/04 Conditions of Approval/ Timing Responsibility Mitigation • Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business License BS:Building Services 7755 Navajoa Ave GP:Grading Perm t FD:Fine Depaivnent BP:Bunlding Pend PD:Police Department PD-7 Master Plan of Development Fl:FinedInsimion CE:Co Engineer TO:Tenparary Occupancy WW:Wastewater CUP 2003-0087/ZCH 2002-0036 FO:FinalOccupany CACkAttorney to determine the amount of the bond. 31. The Subdivision Improvement Agreement shall record BP PW concurrently with the Final Map. 32. All public improvements shall be constructed in BP PW conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the C ty Engineer. 33. The applicant shall enter into a Plan Check/inspection BP BS agreement with the City. 34. The applicant shall be responsible for the relocation BP PW and/or alteration of existing utilities. 35. The applicant shall install all new utilities (water, gas, BP BS electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 36. The applicant shall monument all property corners for BP PW construction control and shall promptly replace them if • disturbed. 37. A preliminary subdivision guarantee shall be submitted BP PW for review in conjunction with the processing of the parcel map. 38. All a xisting a nd p roposed u tility, p ipeline,o pen s pace, BP PS/PW or other easements are to be shown on the parcel map. If there are building or other restrictions related to the easements,they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 39. Prior to recording the parcel map, the applicant shall BP PS/Pw submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 40. Prior to recording the parcel map, the applicant's BP PW surveyor shall set monuments at all new property corners or shall indicate, by certificate on the final 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. 41. Prior to recording the parcel map, the applicant shall BP BS pay all outstanding plan check/inspection fees. 42. Prior to recording the parcel map, the applicant shall BP PW have the map reviewed by all applicable public and 97 ITEM NUMBER: B-3 DATE: 03/23/04 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure • Ps:Planning Services BL:Business License BS:Building Services 7755 Navajoa Ave GP Grading Permit FD:Fire Departnent BP:Building Pendt PD:Police Depaitnent PD-7 Master Plan of Development FI:Final Inspection CE:ahEngnm T0:T-porgy Occupancy WW:Wastew CUP 2003-OO87/ZCH 2002-0036 FD:Final Occupancy ca Cityntrorney private utility companies(cable,telephone,gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company, which indicates their review of the map. The letter shall identify any new easements, which 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. 43. Upon recording the final map, the applicant shall BP PW provide the C ity w ith a b lack I ine clear Mylar(0.4 mil) copy and a blue line print of the recorded map. 44. Prior to the final inspection of any public improvements, BP PW the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. Atascadero Mutual Water Company 45. Prior to the recordation of the Final Parcel Map,the BP BS • applicant shall submit plans showing the water distribution facilities required to serve the project for review and approval by the Atascadero Mutual Water Company.All new water distribution facilities shall be constructed in conformance with Atascadero Mutual Water Company Standards. 46. Prior to the issuance of building permits,the applicant BP BS shall obtain a"Will Serve"letter from the Atascadero Mutual Water Company. 47. Prior to issuance of building permits,the applicant shall BP BS pay all installation and connection fees required by the Atascadero Mutual Water Company. 48. Private easements may be needed for the private water BP BS service lines that are to serve parcels that do not front on Navajoa. Mitigation Measures Mitigation Measure 1.c.1: If exterior lighting is proposed,it BP PS 1.c.1 shall be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off,"hooded"lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 16-feet in height, limit intensity to 2.0 foot candles at ingress/egress,and otherwise 0.6 foot candle minimum to 1.0 maximum within the private street. Fixtures shall be shield cut-off type and compatible with historic setting, subject to staff approval. 98 ITEM NUMBER: B -3 DATE: 03/23/04 Conditions of Approval/ Timing Responsibility Mitigation • Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business License BS:Building Services 7755 Havajoa Ave cP:Grading Pemtit FD:Fire Departrnent BP:Building Pemd PD:Police Deparhnent PD-7 Master Plan of Development FI:Finallnspection cECity Engineer TO:Temporary Occupancy WW:Waste CUP 2003-00872CH 2002-0036 FO:Final Occupancy CA,City Attorney Mitigation Measure 1.c.2: Proposed residences shall utilize a variety of colors and a minimum of two accent base materials throughout the project. Color Schemes shall be comprised of a minimum of three complimentary colors and shall be used to accentuate building trim and architectural features. Mitigation Measure 3.b.1: The project shall be conditioned to BP BS 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 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 99 ITEM NUMBER: B -3 DATE: 03/23/04 Conditions of Approval Timing Responsibility nsibilihMitigation Mitigation Monitoring Program /Monitoring Measure • PS:Planning Services BL Business License BS:Building Services 7755 Navajoa Ave GP:Grading Puma FD:Fire Wamnent BP:Building Permit PD:Police Depabnent PD-7 Master Plan of Development FI:Final Inspection CECity Engineer T0;Temporary Occupancy WW:Waste%a CUP 2003-0087/ZCH 2002-0036 FO:FinalOccupamy caCoAflomey 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. 1. All trucks hauling dirt,sand,soil,or other loose materials are to be covered or should maintain at least two feet of freeboard(minimum vertical distance between top of load and top of trailer)in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets,or was off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. L. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering,as necessary,to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 4.e:All tree removals shall be mitigated as GP BS 4.e.1 prescribed by the Atascadero Native Tree Ordinance. ($2900.00) Mitigation Measure 6.b: The grading permit application plans GP BS 4.e.2 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.c.d: A soils report shall be required to be GP BS 4.e.3 submitted with a future building permit by the building department.The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. • 100 ITEM NUMBER: B -3 DATE: 03/23/04 Conditions of Approval/ Timing Responsibility Mitigation • Mitigation Monitoring Program /Monitoring Measure PS:Planting Services BL:Business License BS:Building Services 7755 Navajoa Ave GP:grading Permit FD:Fre Depatnent BP:Building Pemtil PD:Pdice Depabnent PD-7 Master Plan of Development FL Finallcepedan CE:Cily Engineer TO:Temporary Occupancy WW:Wastewater CUP 2003-0087/ZCH 2002-0036 F0:Final OccupancyCitya CA AbmeY Mitigation Measure 8.e.f: The developer is responsible for GP BS 4.e.4 ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply I with the approved construction Best Management Practices will result in the issuance of correction notices,citations,or stop work orders. Mitigation Measure 11.d: All construction activities shall GP BS 4.e.5 comply with the City of Atascadero Noise Ordinance for hours of operation. Construction activities shall be limited to the following hours of operation: • 7 a.m.to 7 p.m. Monday through Friday • 9 a.m.to 6 p.m. Saturday • No construction on Sunday Further,particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that unusually • loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions,subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. 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M ITEM NUMBER: B -3 DATE: 03/23/04 • EXHIBIT C: Fencing Design LAPCE FENCING I' TO 2' I 1 • 103 ITEM NUMBER: B -3 DATE: 03/23/04 EXHIBIT D:Statistical Summary of Project • Proposed Project Summary 0105MIM Lot Area 4511 sf 3878 sf 3751 sf 3798 sf 3934 sf 4406 sf Building footprint 1137 sf 1137 sf 1137 sf 1137 sf 1137 sf 1137 sf (not to exceed 35% ) 25% 29% 30% 30% 29% 26% Landscaped Area 1804 sf 1558 sf 1616 sf 1630 sf 1653 sf 1840 sf (minimum 40% ) 40% 40% 43% 43% 42% 42% Covered Parking 2 spaces 2 spaces 2 spaces 2 spaces 2 spaces 2 spaces Guest Parking 1 spaces 2 spaces 1 spaces 1 spaces 1 spaces 1 spaces Lower Living Area 1137 1137 1137 1137 1137 1137 Upper Living Area 1 840 840 840 840 840 840 i 104 ITEM NUMBER: B -3 DATE: 03/23/04 • EXHIBIT E:Grading and Drainage Plan 91 t 4-71 e I I � L 105 ITEM NUMBER: B -3 DATE: 03/23/04 EXHIBIT F:ELEVATIONS • M v mr- ..............w•.,..._....... ...............,:._ ..........._ .........,,,.....,,,,.,...........,,.,.,..,.,.........,.,...............,.•. ..«... ................,........_._._._.__ .e. __....,,,,, ..._...�.... I A { .. �'--.—...�.�:...... ...... ..... *-FRONT gam}}}} .;;...��.,.}} ..,..,....... ........ .,...,.,..�.,..., ...�..... �. • 106 ITEM NUMBER: B -3 DATE: 03/23/04 • EXHIBIT G: FLOOR PLANS r M -- LOWER FLOCYR PLS Li cow CAM 4' UPPER FLOOR PLAIN 107 ITEM NUMBER: B-3 DATE: 03/23/04 EXHIBIT H: EXTERIOR COLOR& MATERIALSAMPLE BOARD • BUILDIN 1.4- ...: Ul C7��, .. .. , UILDING-2 41-5S #LIQ ., y 4. ago-- � 5 n 'DINGL &,,5, Y —RUIL IN.G 4,,.&B, Note: See project file for colors. . 108 ITEM NUMBER: B -3 DATE: 03/23/04 ATTACHMENT 6: Draft Resolution C DRAFT RESOLUTION C RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP 2003-0043, A SIX LOT MAP CONSISTENT WITH A PD-7 OVERLAY ZONE OF APN 031-183-002 (7755 NAVAJOA AVE / HUCKOBEY) WHEREAS, an application has been received from Jack Huckobey (5050 Portola Rd, Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a zone change from RMF-10 (Residential Multi-Family) to RMF-10 / PD-7 (Residential Multi-Family with Planned Development Overlay#7) with the adoption of a Master Plan of Development, and a four lot residential Tentative Parcel Map on APN 031-183-002 and, WHEREAS, the site's General Plan Designation is MDR(Medium-Density Residential); • and, WHEREAS, the site's current zoning district is RMF-10 (Residential Multi-Family); and, WHEREAS, the Planning Commission has recommended that a site be rezoned to include a PD-7 overlay with a Master Plan of Development thereby allowing a six lot subdivision of the site; and, WHEREAS, the 1 aws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act(CEQA)have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative Tract Map application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary,was admitted on behalf of said application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on October 7, 2003, studied and considered Tentative Tract Map 2003-0043, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the proj ect; and, • 109 ITEM NUMBER: B -3 DATE: 03/23/04 WHEREAS, the Atascadero City Council, at a Public Hearing held on December 9, 2003, studied and considered Vesting Tentative Tract Map 2003-0043, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project; and, NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero: SECTION 1. Findings of Approval for Tentative Parcel Map 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#7 Master Plan of Development(CUP 2003-0087). 4. The site is physically suitable for the type of development proposed. S. 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. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. SECTION 2. Approval. The Atascadero City Council in a regular session assembled on December 9, 2003, resolves to approve Vesting Tentative Tract Map (TTM 2003-0043) subject to the following: 1. Exhibit A: Vesting Tentative Tract Map 2003-0043 2. Exhibit B: Conditions of Approval/Mitigation Monitoring Program. 110 ITEM NUMBER: B-3 DATE: 03/23/04 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: George Luna, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk • APPROVED AS TO FORM: Roy A. Hanley, City Attorney • 111 ITEM NUMBER: B -3 DATE: 03/23/04 Exhibit A:Vesting Tentative Tract Map 2003-0043 i � till fill a I Y 9 a ! c 1 I VOP i 112 ITEM NUMBER: B -3 DATE: 03/23/04 • Exhibit B:Conditions Of Approval/Mitigation Monitoring Program Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP:GWng Pemat PS:Planning Services BP:Building Pemrt BS:Building Services 7755 Navajoa Ave SIP:Subdivision FD:Fire Deparnant P�:Pom Irry»rovement Plans Vesting Tentative Tract Map FM:Final Map CE:City Enginew TO:Temporary Cocupancy WW:Wastewater TTM 2003-0043 FI:Final inspection CA City Attorney F0:Final Occuparxy AMWC:Waley Comp. Planning Services 1. The approval of this Tentative Parcel Map shall not FM PS become final and effective following approval of Zone Change 2002-0036 and CUP 2003-0087. 2. Approval of this Tentative Parcel Map shall be valid FM PS for two years after its effective date. At the end of the period,the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have FM PS the authority to approve minor changes to the project that(1)result in a superior site design or appearance, • and/or (2) address a design issue that is not substantive to the Tentative Tract Map and that the Final Map is in substantial conformance with the Tentative Map. 4. The Parcel Map shall be subject to additional fees for FM PS park or recreation purposes (QUIMBY Act) as required by City Ordinance. 5. The granting of this entitlement shall apply to the Ongoing PS property located at 7755 Navajoa Ave(APN 031-183- 002)regardless of owner. 6. The Final Map shall be drawn in substantial FM PS conformance with the approved tentative map,and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 7. The subdivider shall defend, indemnify, and hold FM PS harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city,or any of its entities,concerning the subdivision. 8. Affordable Housing Requirement: The applicant shall FM PS,CE either set aside one housing unit at the moderate • category rate for a period of 30 years and pay in-lieu fees for the factional portion owed in excess of one 113 ITEM NUMBER: B -3 DATE: 03/23/04 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure • GP:Grading Peimit PS:Planning Services BP:Building Penn-it BS:Building Services 7755 Navajoa Ave SIP:Subd,dslon Fl):Fire Department Vesting Tentative Tract Map IFM:�ap CE.�En�' "` TO:Temporary Occupancy WW:Wastewater TTM 2003-0043 FI:Final inspection Cn City A+-ey F0:Final Occupancy AMWC:Waley Comp. unit, or pay an in-lieu fee based on 2.50% of the valuation of each of the market rate units. i Building Services 9. A soils investigation prepared by a licensed FM PS,BS,CE Geotechnical Engineer is to be provided for the project. The report is to be provided of 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 10. A minimum 16' paved with 20'total clear width FM PS,CE access with a minimum head clearance of 13'-6"is to be provided to each building location. Twenty- foot clear width may be provided with use of turf block or low-lying shrubs along the west side for emergency vehicle access. 11_ The location of all existing and proposed fire FM CE • hydrants shall be shown on subsequent building permit applications. 12. A letter shall be provided from Atascadero Mutual FM CE Water Company stating the minimum expected water available to the site. Amount available must meet minimum requirement specified in the California Fire Code. 13. Address signage design shall be provided prior to FM CE issuance of any subsequent building permits. 14. Fire lanes shall be delineated to restrict parking as FM CE required by the Fire Authority. City Engineer Site Specific Conditions 15. The applicant shall construct new curb,gutter and BP PS/PW sidewalk, in accordance with City Standards,as shown on improvement plans,along entire frontage. 16. The applicant shall overlay or slurry seal the entire BP PW street frontage of Navajoa,in accordance with City Standards. 4-7-:The applicant shall retain the onsite 50 year BP/GP/FM PW developed storm and meter out the 2-year historic storm in the historic release location. The basin • shall have a overland escape route for storm 114 ITEM NUMBER: B-3 DATE: 03/23/04 Conditions of Approval/ Timing Responsibility Mitigation • Mitigation Monitoring Program /Monitoring Measure GP:Grading Permit PS:Planning Services BP:Bm7ding Permit BS:Building Services 7755 Navajoa Ave SIP:SubdiJsion FD;FireDepartnem Inpmvernent Plans PD:Poke Depa lmrit Vesting Tentative Tract Map FM:Final Map CECity enow T0:Ternp any Occupancy WW:Wastewater TTM 2003-0043 Fl:Final inspection CA City AWney F0:Final Cccupanuy AMWC:Walar Cane. events over the 50 year event.The overland escape route shall not damage other properties. The Storm water from Navajoa Ave shall be allowed to enter the site and be released at a historic location. gyp. 417. The applicant shall pay sewer Extension BP PW (Annexation)and Connection fees upon issuance of building permit. 4-9.18. A homeowners association,or other funding FM PW and maintenance agreement shall be submitted for approval by the City Engineer and City Attorney prior to recording the final map. The agreement shall cover scheduled maintenance of the pervious avers, and maintenance of the drainage facilities. 2&19. Existing drainage patterns from adjacent BP PVH properties shall not be obstructed. . 24--:20. All drainage from improvements shall FM PW cross property lines within drainage easements. City Engineer Standard Conditions 221. In the event that the applicant is allowed to BP BS bond for the public improvements required as a condition of this map,the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 222. An engineer's estimate of probable cost BP PW shall be submitted for review and approval by the City Engineer to determine the amount of the bond. 24.23. The Subdivision Improvement Agreement BP PW shall record concurrently with the Final Map. 224. All public improvements shall be constructed BP PW in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 26:25. The applicant shall enter into a Plan BP BS Check/Inspection agreement with the City. 226. The applicant shall be responsible for the BP PW relocation and/or alteration of existing utilities. 115 ITEM NUMBER: B -3 DATE: 03/23/04 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP:Grading Permit PS:Planning Services ding Sarvim 7755 Navajoa Ave BP: RBS�dndivis� FD:Fins DeepamT.nt Improvement Plans PD:Poke Departinent Vesting Tentative Tract Map FM:Final Map CE:ckenginm TO:Temporary Docupancy WW:Wastewater TTM 2003-0043 Fl:Final inspection CA CityAffimy FO:Final Occupancy AMWQ WaWCanp. 2&27. The applicant shall install all new utilities BP BS (water, gas, electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 29:28. The applicant shall monument all property BP PW corners for construction control and shall promptly replace them if disturbed. 38.29. A preliminary subdivision guarantee shall be BP PW submitted for review in conjunction with the processing of the parcel map. 34-:30. All existing and proposed utility, pipeline, BP PS/PW open space, or other easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 331. Prior to recording the parcel map, the BP PS/PW applicant shall submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 33.32. Prior to recording the parcel map, the BP PW applicant's surveyor shall set monuments at all new property corners or shall indicate, by certificate on the final 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. 34-33. Prior to recording the parcel map, the BP BS applicant shall pay all outstanding plan check/inspection fees. 35:34. Prior to recording the parcel map, the BP PW applicant shall have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company, which indicates their r eview o f t he m ap. T he I etter s hall i dentify any new easements,which 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. 116 ITEM NUMBER: B -3 DATE: 03/23/04 Conditions of Approval/ Timing Responsibility Mitigation • Mitigation Monitoring Program /Monitoring Measure GP:Grading Permit PS:Planning Services BP:Building Pemtit BS:Building Services 7755 Navajoa Ave SIP:Subdivision FID:FireWaitnent Improvement Plans PD:Police Deparhnerd Vesting Tentative Tract Map FM:Final Map CE:City engireer TO:Temporary 0ocupancy WW:Wastawalar TTM 2003-0043 FI:Final inspector CAL Qh y F0:Final Ocwpawy AMWC:Water Comp. 335. Upon recording the final map, the applicant BP PW shall provide the City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map, 37-36. Prior to the final inspection of any public BP PW improvements, the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. Atascadero Mutual Water Company 39-.37. Prior to the recordation of the Final Parcel BP BS Map,the applicant shall submit plans showing the water distribution facilities required to serve the project for review and approval by the Atascadero Mutual Water Company.All new water distribution facilities shall be constructed in conformance with Atascadero Mutual Water Company Standards. • 39-38. Prior to the recordation of the Final Map,the BP BS applicant shall obtain a"Will Serve"letter from the Atascadero Mutual Water Company. 48:39. Prior to issuance of building permits,the BP BS applicant shall pay all installation and connection fees required by the Atascadero Mutual Water Company. 41-:40. Show all fire suppression appurtenances BP BS required by the Atascadero Fire Department. 42.41. Prior to the recordation of the Final Parcel BP BS Map,the applicant shall submit plans showing the water distribution facilities required to serve the project for review and approval by the Atascadero Mutual Water Company.All new water distribution facilities shall be constructed in conformance with Atascadero Mutual Water Company Standards. 43-42. A 5-foot drainage easement shall be BP PW recorded on the final map along the south property line of Parcel A and Parcel B and the east property line of Parcel B. 44:43. Existing drainage patterns from adjacent BP PW properties shall not be obstructed. 45:44. All drainage from improvements shall BP PW cross property lines within drainage easements. 117 ITEM NUMBER: B 3 DATE: 03/23/04 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure • GP:Grading Pemit PS:Planning Services BP:Bu"Pemit BS:Building Services 7755 Navajoa Ave SIP:Subdivision FD:FireDepartnent Improvement Plans PD:Police DepaMrent Vesting Tentative Tract Map FM:Final Map CE:City Engineer TTM 2003-0043 TO:T-W-Y Ocouparwy WW:Waw FI:Final inspection CA:City AtlomeY FO:Final Occupancy AMWC:WarCoM. Mitigation Measures Mitigation Measure 1.c.1: If exterior lighting is proposed, it BP PS 1.c.1 shall be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off,"hooded"lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 16-feet in height, limit intensity to 2.0 foot candles at ingress/egress,and otherwise 0.6 foot candle minimum to 1.0 maximum within the private street. Fixtures shall be shield cut-off type and compatible with historic setting, subject to staff approval. Mitigation Measure 1.c.2: Proposed residences shall utilize a variety of colors and a minimum of two accent base materials throughout the project.Color Schemes shall be comprised of a minimum of three complimentary colors and shall be used to accentuate building trim and architectural features. Mitigation Measure 3.b.1: The project shall be conditioned to BP BS 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 Eguipment • 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. 118 ITEM NUMBER: B -3 DATE: 03/23/04 Conditions of Approval/ Timing Responsibility Mitigation • Mitigation Monitoring Program /Monitoring Measure GP:Grading Pennit PS:Planning Services BP:Building Pernit BS:Budding Services 7755 Navajoa Ave SIP:subdivision FD:FireDepartrnent Improvement Plans PD:Police Depafiient Vesting Tentative Tract Map FM:Final Map CE:City Engineer TO:Temporary Occupancy WW:Wastewater TTM 2003-0043 FI:Final inspection CA GtyAttmiq FO:Final Occupancy AMWC:Water Comp. 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 with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets,or was off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. L. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering,as necessary,to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 4.e:All tree removals shall be mitigated as GP BS 4.e.1 prescribed by the Atascadero Native Tree Ordinance. ($2900.00) 119 ITEM NUMBER: B -3 DATE: 03/23/04 Conditions of Approval/ Timing Responsibility Mitigation • Mitigation Monitoring Program /Monitoring Measure GP:Grading Penrvt PS:Planning Services 7755 Navajoa Ave SIP Sudbdivvisonn Ferrnit D:Fire Improvement Plans PD:Police Department Vesting Tentative Tract Map FM:Final Map CE:City Engineer TO,.Tenwrary�vancy W Waslawater TTM 2003-0043 FI:Final inspection Ck Clly Bey F0:Final Occupancy AMWC:WalerCaM. Mitigation Measure 6.b: The grading permit application plans GP BS 4.e.2 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.c.d: A soils report shall be required to be GP BS 4.e.3 submitted with a future building permit by the building department.The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. Mitigation Measure 8.e.f: The developer is responsible for GP BS 4.e.4 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 work orders. Mitigation Measure 11.d: All construction activities shall GP BS 4.e.5 comply with the City of Atascadero Noise Ordinance for hours • of operation. Construction activities shall be limited to the following hours of operation: • 7 a.m.to 7 p.m. Monday through Friday • 9 a.m.to 6 p.m.Saturday • No construction on Sunday Further,particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions,subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process. 120 ITEM NUMBER: C -1 DATE: 03/23/04 1918 l 1 1979 ATA�rAn�// Q tascadero City Council Staff Report— Community p p Development Department General Plan Policy Review Hillside Preservation Goals and Policy RECOMMENDATION: Council to provide direction. DISCUSSION: • Background: The City Council has requested that General Plan Policy LOC 5.2.5. be agendized for review. The policy was modified as part of the 2002 General Plan Update but dates back to the 1992 General Plan (see full text on following page). The policy prohibits the creation of new lots with slopes over 30% where no building sites of less than 20% exist. Policy LOC 5.2.5. New lots with slope averaging 30% or greater are not permitted except when they contain building envelopes with less than 20% average slope (including driveways and leach fields), and when the creation of such parcels includes an offer of public dedication or easement that would directly benefit City residents, and where native tree impacts are minimal. Analysis: The purpose of the policy is to implement Goal 5 of the General Plan that seeks to "preserve the contours of the hills". Creation of new lots on extremely steep sites has the potential to create a variety of environmental and public safety impacts. The policy only applies to the creation of new lots and does not restrict the development of existing lots in any way. If the Council chooses to amend the policy, additional environment review would be required. Staff has not analyzed the scope or cost of preparing the necessary environmental documents. FISCAL IMPACT: None 121 ITEM NUMBER: C -1 DATE: 03/23/04 Goal ,OC`5. Pre-serve the contours f the dills. Bull ` p built on hillsides shall conforra to the topography using the slope of the land as the basis for the design of the structure. Policy 5..1Reducia,eauxlll4r»il damthee and fruirease stno&-ftmlly lot sizes as ski slcope inc Pollcy&Z Require hillside development and subdivisions, o bland in wilt aurrouncling 1. Update and maintain the Appearance Review Manual to include staridards for hdWde design V driveway design and slopes.undergrmintfirig of tees mid erosim control, 2, Upftle and rrwintain the Zoning Ordinance_ to require structures to be located below prominent ridgelmes visible from Gfiy streets,when atternative buNng sikes are 3. 'sem Ordiumce,to include standards for mmanblng., du flits,and ridgeline, disturbance- 4. Prohibit development on or greater,unless r t 0 Geiwwt Plain Laad Useand Consm4fim Etmuma 5. or greater are not permitted except when they contain" bulkArV envelopes+mulch less theri 20 tae slope Oncktding driveways and leach fields),and when On creation of such parcels Inch a of c tlt�►or easement d directlyfit res . ,mid vAwe nates tree impacts are minimal. S. Require li` envelopes,d St's.leach tWft with Wieinabc gradng plans; to be provided for all last kne auf nte,parcel maps,and mit maps proposed an siteswith slopes greater than 10%m 3. The City shah requirne open space ines in hazard lands inclutling tiose,areas stbod to imsWation,high vAdand fire risk,high levels of seismic as identified ►the Safety Element 122 ITEM NUMBER: C -2 DATE: 03/23/04 • ai ■■ I ■ 5-5 ■ �a a Atascadero- City Council Staff Report- Community Development Department City Council Policy Hillside Grading Guidelines RECOMMENDATION: Council approve the attached Hillside Grading Guidelines. DISCUSSION: Background: The City Council reviewed the issue of hillside grading during their strategic planning session in January 2004. The Council reviewed the pros and cons of pad grading and stem wall construction when developing residential units on hillside sites. The attached guidelines reflect the Council's discussion of allowing property owner flexibility in determining house designs and locations while minimizing grading and native tree removals. FISCAL IMPACT: None. ALTERNATIVES: 1. The Council may modify the proposed guidelines. 2. The Council may refer the guidelines back to staff for additional review. 123 ITEM NUMBER: C -2 DATE: 03/23/04 ATTACHMENTS: Hillside Grading Guidelines Hillside Grading Guidelines The goals and policies of the General Plan provide for the protection of the hills and woodlands of Atascadero and require that hillside grading minimize those impacts. Goal LOC 5 and Policy LOC 5.2 specifically address hillside grading(see following). 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. Policy 5.1: Reduce multi-family densities and increase single-family lot sizes as site slope Increases. Policy 5.2: Require hillside development and subdivisions to blend in with surrounding topography. Programs: 1. Update and maintain the Appearance Review Manual to include standards for hillside design and grading including driveway design and slopes,undergrounding of utilities and erosion control. • 2. Update and maintain the Zoning Ordinance to require structures to be located below prominent ridgelines visible from City streets,when alternative building sites are available. 3. Update the Zoning Ordinance to Include standards for minimizing hillside grading; cuts,fills,and ridgeline disturbance. The purpose of the Hillside Grading Guidelines is to provide an interpretation of the General Plan goals and policies that can be applied to building permits, grading permits, subdivision maps and planning entitlements. Building Site Selection Principles Building sites, driveways and leach fields should be selected with regard to balancing the following: 1. Minimize the need for grading and tree removals. 2. Allow property owners the flexibility to select the building sites and floor plans that best fits their needs. When the property owner and staff cannot come to agreement on a building site this decision should be referred e ed to the Planning Commission. 124 ITEM NUMBER: C-2 DATE: 03/23/04 Cut and Fill Pads(Few Native Tree Impacts) Cut and fill pads are allowed for hillside construction in the following situations: 1. Natural slopes are under 30%. 2. Native tree impacts are minimal. 3. The cut pad is reasonable related to the size of the house footprint. 4. Newly graded flat yard areas are minimized. 5. Landscape and irrigation plans prepared by a licensed professional are provided for all resulting cut and fill slopes. Landscape plans should incorporate native drought tolerant trees, shrubs and ground covers (refer to City plant list). 6. Erosion control plans must be provided. Fi e" Cu±and ill pari NaWra Slope *� Natural slopes are Landscape p e T Erosiaur< under Landscape and irrigation plans prepared by a licensed profe nal are •provided for all rutting cut and fill slopes. Erosion control plans are a provided. 4 ��Wrwsv� Fiat Pad Cut pad is reasonat related Native Trees to the sizes of the house • Dative tree impacts footprint are minimal Flat yard areas bre minimized, 125 ITEM NUMBER: C -2 DATE: 03/23/04 Stem Walls/Retaining Walls(Mitigation of Native Trees Impacts) The General Plan and Native Tree Ordinance provide for the protection of native trees. The following guidelines apply to grading in proximity to native trees. 1. Stem wall house construction should be considered to save native trees. 2. Retaining walls should be incorporated into cut, fills and along driveways to save native trees. 3. Tree preservation mitigation measures must be developed by an arborist for all impacted trees. Figure 0-2: Stem wall guideline ' I Retaining'!Walls ,x Retailing walls should be used along driveways,cuts and fills to minim impacts kk on n trees. Stem Wall FoundaHon �............_..�. Used to minimize tree Native Trees removals and tree impacts ■ Impact to native trees surrounding the building ped should be renin. . d • 126 ITEM NUMBER: C -3 DATE: 03/23/04 191 ■ 197 Aascadero City Council Staff Report— Community Development Department City Council Policy Mixed Use Development Processing RECOMMENDATIONS: Council: 1. Approve the attached Mixed Use Development processing policy. 2. Adopt the attached Prime Commercial site map. • DISCUSSION: Background: The City Council reviewed the issue of mixed use development processing during their strategic planning session in January 2004. The Council reviewed alternatives to adopting a formal mixed use ordinance. The alternative that was selected allows vertical mixed projects to be processed as Planned Developments. Horizontal mixed use developments would require formal General Plan Amendments. Mixed use projects are limited by the General Plan to the Commercial Retail and Commercial Professional zoning districts and are not permitted on prime commercial sites. A proposed Prime Commercial site map is recommended for adoption by the City Council. The Prime Commercial sites have been selected based on size, proximity to major intersections, freeway accessand existing use. Sites identified as prime commercial would not be eligible for consideration of either vertical or horizontal mixed use projects. Sites designated CPK, such as Home Depot, would not be included in the mixed use policy. FISCAL IMPACT: None 127 ITEM NUMBER: C -3 DATE: 03/23/04 ALTERNATIVES: 1. The Council may modify the proposed guidelines and map. 2. The Council may refer the guidelines back to staff for additional review. ATTACHMENTS: 1. Mixed Use Processing Policy 2. Prime Commercial Site Map i 128 ITEM NUMBER: C -3 DATE: 03/23/04 • Mixed Use Application Processing Policy Vertical Mixed Use Mixed use refers to the concept of allowing both commercial and residential uses on the same site. There are two approaches to mixing the uses together: vertical mixed use and horizontal mixed use. Vertical mixed use is the concept of stacking residential units on the upper floors over a commercial first floor. Vertical mixed use was historically common in downtown districts and gave downtowns their pedestrian scale and charm. Under the current Downtown zoning code, vertical mixed use projects are allowed in the Downtown Commercial district. Vertical Mixed Use project with residential on upper floors Vertical Mixed Use project street level commercial retail store fronts au. -s 4 q. 129 ITEM NUMBER: C -3 DATE: 03/23/04 Horizontal Mixed Use • The second variation of mixed use is horizontal mixed use projects. Horizontal mixed use projects typically consist of commercial buildings along the street frontage with multi-family residential located behind the commercial instead of on top. Horizontal mixed use projects required careful review of architectural character and pedestrian streetscape to achieve the same qualities as vertical mixed use projects. Horizontal Mixed Use project with separated residential units at the rear of the site Horizontal Mixed Use project with one story commercial retail store fronts 130 ITEM NUMBER: C -3 DATE: 03/23/04 • Mixed Use Application Processing Policy Mixed use projects are allowed by the General Plan in the CR and CP zoning districts. All mixed use projects outside of the Downtown will be subject to the following planning application processes. The General Plan Amendment and Planned Development Overlay processes are legislative actions that require City Council approval. All mixed use projects must be consistent with the requirements of the appearance review manual. Vertical Mixed Use Horizontal Mixed Use Vertical Mixed Use Horizontal Mixed Use Project in CR or CP zone Project in CR or CP zone liiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiI__ I EM Planned Development General Plan Amendment Overlay with Master Plan of Development Required to Multi-Family Residential Required • 77t Planned Development Overlay with Master Plan of Development Required General Plan Amendments of commercial sites will only be considered on deep lots with limited commercial viability. The frontages of horizontal mixed use projects shall remain commercial. In no case shall the street frontage along EI Camino Real or Morro Road be amended to multi-family residential. 131 ITEM NUMBER: C -3 DATE: 03/23/04 Prime Commercial Sites The General Plan includes policy LOC 3.1.8 which protects prime commercial sites from piecemeal development and uses that undermine the commercial potential. The Council identified mixed use conversion as a possible threat to prime commercial sites. The following map and table identify prime commercial retail sites within the City. General Plan Policy LOC 3.1.8 Preserve primary intersections for commercial development with a land use overlay that requires the approval of an overall Master Site Development Plan prior to approval of any development plans. Table 0-1: Prime Commercial Sites Prime Commercial Sites 1. Northeast corner of Del Rio and EI Camino Real 2. Southeast corner of Del Rio and EI Camino Real 3. K-mart Center 4. Von's Center, 5. Albertson's Center 6. Food 4 Less Center 7. Walgreen's Center 8. Atascadero Oaks Center(Spencer's) 9. Portola and Santa Rosa 10. Home Depot Shopping Center 132 1 � � Dal R Site 2 SE Del Rio I ECR � (F,�,p "'"4(®Y■(/A. 1 �'�.i^fi'°hry 44 Iw 4*4 74 Site 4 Vons Center ot oil �PIJh��U 11 III III X011 M 1 III U IIIIV III "� ! +[: I..IUCenter ,r x i Wslm, r "�..� ---- _j" 4t$ Site 7 Walgreen's Center �w 71F�P d Site 8 Atascadero Oaks M== Center IRA Santa Rosa Site qt 4 r a= l ITEM NUMBER: D-1 DATE: 03/09/04 1-03 CAD�� Atascadero City Council City Attorney Report Emergency Resolution 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. • DISCUSSION: 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 21 134 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 135 ITEM NUMBER: D -1 DATE: 03/09/04 is 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 in session; and find; WHEREAS, the Director of Emergency Services of the City of Atascadero did 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, March 9, 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 136 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 23, 2004 in Atascadero, California, and the Mayor was directed to execute it. Dated: By: Dr. George Luna, Mayor City Of Atascadero 137