The URL can be used to link to this page

Home My WebLink AboutAgenda Packet 04/13/2004 r. 19 18 CITY OF ATASCA DERO CITY COUNCIL AGENDA TUESDAY, APRIL 13, 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 Pacas 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 COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Council may take action on items listed on the Agenda.) A. CONSENT CALENDAR: (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Council or public wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the consent calendar and will be considered in the listed sequence with an opportunity for any member of the public to address the Council concerning the item before action is taken.) 1. City Council Meeting Minutes - March 9, 2004 ■ City Clerk recommendation: Council approve the City Council minutes of the meeting of March 9, 2004. (City Clerk) 2 2. February Disbursements — February 2004 • Fiscal Impact: $1,207,232.73 ■ Staff recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for February 2004. (Administrative Services) 3. City Treasurer's Report— February 2004 ■ Fiscal Impact: None ■ Staff recommendation: Council approve City Treasurer's report for February 2004. (City Treasurer) 4. Funding Administration and Project Coordination Services Contract Bid No. 2004-003 ■ Fiscal Impact: Funding for Funding Administration and Project Coordination Services will be provided from the specific project work is provided for. ■ Staff recommendation: Council authorize the City Manager to execute a contract with Kathleen Pence for Funding Administration and Project Coordination Services. (Public Works) 5. Zone Change 2003-0076, Change of 0.15 Acres of Commercial Retail SCR) to Residential Multi-Family (RMF-10) Zoning District (5245 EI Camino Real /Stan Sherwin) ■ Fiscal Impact: The project would have no impact on City revenues as the two proposed residential units replace two recently demolished residential units. ■ Staff recommendation: Council adopt on second reading, by title only, the draft Ordinance, enacting Zone Change 2003-0076 based on findings. (Community Development) 6. Single Family Plan Development Zone Change 2002-0036 - 7755 Navajo Ave (Huckobey/Emrich) ■ Fiscal Impact: The project would likely have a slight negative impact on City revenues. As a general rule, single-family dwelling require services that exceed the revenue generated by the dwelling. ■ Staff recommendation: Council adopt on second reading, by title only, the draft Ordinance, enacting Zone Change 2002-0036 based on findings. (Community Development) 7. Facility Use Agreement— Alvord Field Babe Ruth Baseball ■ Fiscal Impact: None ■ Staff recommendation: Council authorize the City Manager to execute a Facility Use Agreement with Atascadero Babe Ruth Baseball for the use and upkeep of Alvord Field. (Community Services) 3 8. Atascadero Lake Boat Concessions Agreement Extension • ■ Fiscal Impact: None. ■ Staff recommendation: Council authorize the City Manager to execute an Amendment extending the Agreement with Lloyd Reeves the Atascadero Lake Boat Rental Concessions Agreement one additional year. (Community Services) B. PUBLIC HEARINGS: 1. Single Family Planned Development Zone Change 2003-0065 - Master Plan of Development (CUP 2003-0113) Vesting Tentative Tract Map 2003-0038 (Rosario, Olmeda Ave/Madruga) ■ 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 2004- 0006; and, 2. Introduce for first reading, by title only, draft Ordinance A approving Zone Change 2003-0065 based on findings; and, 3. Adopt draft Resolution B approving the Master Plan of Development (CUP 2003-0113) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 4. Adopt draft Resolution C approving Vesting Tentative Tract Map 2003-0038, 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. (Community Development) 2. City Council Policy Hillside Grading Guidelines ■ Fiscal impact: None ■ Staff recommendation: Council approve the attached Hillside Grading Guidelines. (Community Development) 4 3. City Council Policy Mixed Use Development Processing ■ Fiscal impact: Potentially significant. Retail sales tax is one of the City's largest sources of general fund revenues. Conversion of retail commercial land to residential has the potential to increase City service costs and decrease future sales tax revenues. The Prime Commercial map is proposed to mitigate the potential negative fiscal impacts of mixed-use development. ■ Staff recommendations: Council: 1. Approve the attached Mixed Use Development processing policy; and 2. Adopt the attached Prime Commercial site map. (Community Development) 4. Recycling and Green Waste Processing ■ Fiscal impact: Both offers would add funds to the General Fund of the City. • North County Recycling offer of approximately $1,200.00/month. • Atascadero Waste Alternatives (AWA) offer of $2,000.00/month ■ Staff recommendations: Council: 1. Authorizes the City Manger to execute a contract with North San Luis Obispo County Recycling Inc. for the handling and • processing of recycling and green waste. 2. Direct AWA to deliver all recycling and green waste to the North San Luis Obispo County Recycling Inc. facility. D. COMMITTEE & LIAISON REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary): Mayor Luna 1. Finance Committee 2. Integrated Waste Management Authority (IWMA) 3. County Mayor's Round Table Mayor Pro Tem Scalise 1. Atascadero State Hospital Advisory Board (appointed by Governor) 2. Local Agency Formation Commission (LAFCO) (City Selection Committee appointment) 3. S.L.O. Council of Governments (SLOCOG)/S.L.O. Regional Transit Authority (SLORTA) Council Member Clay 1. Water Committees 5 Council Member O'Malley 1. Finance Committee 2. City/ Schools Committee 3. Air Pollution Control District (APCD) 4. League of California Cities - Grassroots Network 5. Economic Vitality Corporation, Board of Directors (EVC) Council Member Pacas 1. City/ Schools Committee 2. Atascadero Youth Task Force E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager F. ADJOURNMENT: Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that • person may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this public hearing will be distributed to the Council and available for review in the City Clerk's office. I, Marcia McClure Torgerson, City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the April 13, 2004 Regular Session of the Atascadero City Council was posted on April 6, 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 6'h day of April 2004 at Atascadero, California. Marcia McClure Torgerson, C.M.C., City Clerk City of Atascadero 6 City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING .theCity Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m., at the The Pavilion on the Lake, 9315 Pismo St., Atascadero. Matters are considered by the Council in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the City Clerk and are available for public inspection during City Hall Annex business hours at the Central Receptionist counter and on our website,www.atascadero.ora. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the City Council The minutes of this meeting will reflect these numbers. All documents submitted by the public during Council meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the City Clerk's office. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office or the City Clerk's Office, both at (805) 461-5000. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON AGENDA ITEMS Members of the audience may speak on any item on the agenda. The Mayor will identify the subject,staff will give their report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and will request anyone interested to address the Council regarding the matter being considered to step up to the podium. If you wish to speak for, against or comment in anyway: • 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). 400 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 ITEM NUMBER: A- 1 DATE: 04/13/04 n XQ 1-97-9 CITY OF ATASCADERO CITY COUNCIL DRAFTMINUTES TUESDAY, MARCH 9, 2004 7:00 P.M. REDEVELOPMENT AGENCY: 6:30 P.M. REGULAR SESSION: 7:00 P.M. Mayor Luna called the meeting to order at 7:00 p.m. and Council Member Clay led the Pledge of Allegiance. ROLL CALL: Present: Council Members Clay, O'Malley, Pacas, Scalise and Mayor Luna Absent: None Others Present: City Clerk/Assistant to the City Manager Marcia McClure Torgerson, Deputy City Clerk Grace Pucci Staff Present: City Manager Wade McKinney, Community Services Director Brady Cherry, Public Works Director Steve Kahn, Community Development Director Warren Frace, Administrative Services Director Rachelle Rickard, Deputy Community Services Director Geoff English, Planning Services Manager Steve McHarris, Redevelopment Specialist Marty Tracey, Associate Planner Kerry Margason, Police Chief Dennis Hegwood, Fire Chief Kurt Stone and City Attorney Roy Hanley. • CC Draft Minutes 03/09/04 Page 1 of 12 8 ITEM NUMBER: A- 1 DATE: 04/13/04 • COMMUNITY FORUM: Steve Shiveley, Senior Pastor Calgary Chapel led those present in prayer. Joan O'Keefe expressed her concern regarding the amount of staff time spent in enforcing the Tree Protection Ordinance with developer Kelly Gearhart. Jenny Corn spoke about traffic safety issues on her street, Ferrocaril, and her understanding that an agreement had been reached whereby her street would not be used for through traffic. Joy Rogalla expressed her support for Ms. Corn's concerns. She gave several examples of problems on the road. She asked why the emergency gate is open on a daily basis. Eric Greening spoke about issues raised by the previous speakers. He urged Council to not approve unenforceable mitigations, and suggested a study session on traffic related mitigations. Mayor Luna closed the Community Forum period. APPROVAL OF AGENDA: MOTION: By Mayor Pro Tem Scalise and seconded by Council Member O'Malley to approve the agenda. Motion passed 5:0 by a roll-call vote. PRESENTATIONS: 1. Proclamation declaring March 2004 "Red Cross Month Council Member Pacas read the proclamation and presented it to Henry Moulder, local disaster volunteer. 2. Proclamation declaring Atascadero "Tree City USA—2004 Mayor Luna read the proclamation and presented it to Rick Matthews of the Atascadero Native Tree Association (ANTA). COUNCIL ANNOUNCEMENTS AND REPORTS: Ma • yor Luna announced that Lon Allen of Atascadero News would be retiring from the CC Draft Minutes 03/09/04 Page 2of12 9 ITEM NUMBER: A- 1 DATE: 04/13/04 newspaper to work for the Tribune. Mayor Luna presented Mr. Allen with a watch and • shirt. Mayor Luna announced that on Thursday, March 11th, anyone who assisted with the earthquake recovery are invited to a barbecue at 12:00 noon at the Lake Pavilion. Council Member Clay spoke about those who assisted with the recovery effort and the barbecue. Council Member O'Malley spoke about the Local Taxpayers and Public Protection Safety Act, an initiative to be placed on the September ballot. He explained the initiative and how it would work. Petitions will be out for signatures on Saturday. A. CONSENT CALENDAR: 1. City Council Meeting Minutes —January 27, 2004 City Clerk recommendation: Council approve the City Council minutes of the meeting of January 27, 2004. (City Clerk) 2. City Council Strategic Planning Workshop— January 30-31, 2004 ■ City Clerk recommendation: Council approve the Strategic Planning Meeting minutes of the meeting of January 30-31, 2004. (City Clerk) • 3. City Council Meetin-q Minutes — February 10 2004 ■ City Clerk recommendation: Council approve the City Council minutes of the meeting of February 10, 2004. (City Clerk) 4. January Disbursements — January 2004 ■ Fiscal Impact: $1,438,422.44 ■ Staff recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for January 2004. (Administrative Services) 5. City Treasurer's Report — January 2004 ■ Fiscal Impact: None ■ City Treasurer recommendation: Council approve the City Treasurer's report for January 2004. (City Treasurer) MOTION: By Mayor Pro Tem Scalise and seconded by Council Member Clay to approve Items #A-1 through 5. Motion passed 5:0 by a roll-call vote. • B. PUBLIC HEARINGS: CC Draft Minutes 03/09/04 Page 3 of 12 10 ITEM NUMBER: A- 1 DATE: 04/13/04 1. GPA 2003-0007 ECOSLO Settlement Agreement ■ Fiscal impact: None • ■ Staff recommendation: Adopt Draft Resolution A approving General Plan Amendment 2003-0007 based on findings. (Community Development) Community Development Director Warren Frace gave the staff report and answered questions of Council. Mayor Luna spoke about the historical basis for creek reservations/setbacks. PUBLIC COMMENT Tom Bench stated he owns a portion of Atascadero Creek and expressed his concerns about losing control of some of his property. Eric Greening felt the Council should approve the agreement as written in order to avoid reopening the court case. He questioned the process by which the permanent ordinance would be drawn up and the extent to which the considerations raised in the settlement might influence the direction of the permanent ordinance. Joanne Main spoke about the redevelopment of the downtown and is concerned about' stumbling blocks. She felt the 35 feet was extreme and urged the Council to renegotiate the suit. Richard Shannon downtownr • p operty owner, brought up several issues including: 1) noticing requirements—he does not think enough has been done to inform the public, and 2) Main Street has not been formally notified of the settlement. He is concerned with the effect this settlement will have on the development of the downtown. Greg Maleck, downtown property owner, spoke of the effects of this ordinance on his property. He feels this is excessive and encouraged Council to not accept this agreement. Mayor Luna closed the Public Comment period. Council Member Clay expressed concern about the notification and felt it was important that the public understand what was happening. He felt there was a difference between Atascadero Avenue and the Capistrano Bridge, the downtown area, and it should be treated differently. Mayor Pro Tem Scalise stated that the legal notification process was followed however; she was concerned that Main Street was not informed. She thought it would be in the public's best interest to go back and renegotiate, look at all options, and do a better notification process when it comes back. MOTION: By Mayor Luna and seconded by Council Member Pacas to adopt • the Planning Commission recommendation and adopt Draft CC Draft Minutes 03/09/04 Page 4 of 12 11 ITEM NUMBER: A- 1 DATE: 04/13/04 Resolution A approving General Plan Amendment 2003-0007 • based on findings. Council Member O'Malley stated that notification was important especially given the number of parcels affected. He could support this as a temporary solution to meet the lawsuit if this can be looked at again in 2005 to work out the downtown issues. Council Member Clay indicated that any motion should have a date certain for a permanent ordinance and a stipulation that every property owner affected is notified. MOTION: By Mayor Luna and seconded by Council Member Pacas to adopt the Planning Commission recommendation and adopt Draft Resolution A approving General Plan Amendment 2003- 0007 based on findings. Motion failed 3:2 by a roll-call vote. (Clay, O'Malley, Scalise opposed) City Attorney Hanley stated he would prefer a sunset clause on the interim change from 20 to 35 feet and then general direction to staff that if everything was not brought back in time the 35 feet would sunset. MOTION: By Council Member O'Malley and seconded by Council • Member Clay to adopt Draft Resolution A approving General Plan Amendment 2003-0007 based on findings with the modification that there be a sunset clause that would expire on March 1,2005. Motion passed 3:2 by a roll-call vote. (Scalise, Luna opposed) (Resolution No. 2004-015) Mayor Luna recessed the hearing at 8:20 p.m. Mayor Luna called the meeting back to order at 8:27 p.m. 2. Pine Mountain Transfer of Development Rights - GPA 2003-0009 ■ Fiscal impact: The project would likely have a slight negative impact on City revenues. As a general rule, single-family dwellings require services that exceed the revenue generated by the proposed uses. In addition, the retention of Pine Mountain as additional undeveloped passive open space would likely have a slight negative impact on City revenues. ■ Planning Commission Recommends: Approval (1 —4): Transfer of Development Rights • 1. Adopt Resolution A certifying Proposed Mitigated Negative Declaration 2003-0069; and, CC Draft Minutes 03/09/04 Page 5 of 12 12 ITEM NUMBER: A- 1 DATE: 04/13/04 2. Adopt Resolution B approving General Plan Amendment 2003- . 0009 based on findings; and, 3. Introduce for first reading by title only, draft Ordinance A approving Zone Change 2003-0073 based on findings; and, 4. Introduce for first reading by title only draft Ordinance F, approving Development Agreement 2004-0001 based on findings; and, ■ Planning Commission Recommends: Denial (5 - 8): Coromar Avenue 5. Introduce for first reading by title only, draft Ordinance B approving Zone Change 2003-0072 based on findings; and, 6. Introduce for first reading by title only, draft Ordinance C approving Zone Change 2003-0074 based on findings; and, 7. Adopt Resolution D approving the Master Plan of Development (CUP 2003-0120) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 8. Adopt Resolution E approving Vesting Tentative Tract Map 2003-0041 • based on findings and subject to Conditions of Approval and Mitigation Monitoring. ■ Planning Commission Recommends: Approval (9 — 10) Colima Road 9. Introduce for first reading by title only, draft Ordinance D (Zoning Text) and draft Ordinance E (Zoning Map Change) approving Zone Change 2003-0076 based on findings; and, 10. Adopt Resolution F approving Vesting Tentative Tract Map 2003-0042 based on findings and subject to Conditions of Approval and Mitigation Monitoring. ■ Planning Commission Recommends: Approval (11 — 12) Ferrocaril Road — De Anza Estates 11. Adopt Resolution G approving the Master Plan of Development Amendment (CUP 2002-0067) based on findings and subject to • Conditions of Approval and Mitigation Monitoring; and, CC Draft Minutes 03/09/04 Page 6 of 12 13 ITEM NUMBER: A- 1 DATE: 04/13/04 • 12. Adopt Resolution H approving Vesting Tentative Tract Map 2003-0045 based on findings and subject to Conditions of Approval and Mitigation Monitoring. (Community Development) Community Development Director Warren Frace gave the staff report and answered questions of Council, PUBLIC COMMENT George Molina, applicant, agreed with the staff report and asked for the Council's approval. Kelly Gearhart, applicant, clarified some issues raised earlier with the Ferrocaril project and discussed the bridge and the approval process. Mr. Gearhart indicated he was trying to satisfy the neighbors' feelings regarding the trucks going through their neighborhood, and he answered questions of Council. Council Member Clay asked if two extra workforce, deed restricted units could be built on the Coromar site in place of in-lieu fees on de Anza and Colima. Mr. Gearhart agreed. Eric Greening stated he did not see the logic behind the process for this site and felt a • precedent should not be set when the city doesn't have a TDR ordinance. Jenny Corn would like to see this project delayed until the bridge is put in. Joan O'Keefe indicated her opposition to this project. She would like to see the City own this property but not under these conditions. Her concerns with this project include failure to make all necessary findings, the determination of eight entitlements, and shrinking commercial zoning for residential development. Annette Johnson stated she did not understand why a zone change on her corner must be tied in with Mr. Gearhart's project. She indicated she was unable to do anything with her property until this is resolved. Nick Burton spoke about the Ferrocaril development and that there is only one way to access the houses in the cul de sac. He questioned why the bridge should not be finished first then build the houses. Joy Rogalla spoke about access to the houses and felt no more should be built until the bridge is complete. Kelly Gearhart spoke about Ferrocaril and stated he would have the road shut off and a gate in place by Friday, and no trucks or construction vehicles would come through other than for the construction of the three homes being built at the end of the cul de sac and the water company. CC Draft Minutes 03/09/04 Page 7 of 12 14 ITEM NUMBER: A- 1 DATE: 04/13/04 Jenny Corn questioned the change that would permit houses in phase two to be built • before the bridge goes in. Joy Rogalla asked who would be repairing the damage done to Ferrocaril. City Engineer Steve Kahn stated that he will inspect the road for damage and that the developer or his contractors would be responsible for the cost of repairing the road if they had caused the damage. Mayor Luna closed the Public Comment period. Mayor Luna reiterated that this item must be taken as an entire package. Council Member Clay felt the Jot comparison was not equal, however the benefits are workforce housing and getting five units on the Coromar property. Council Member Pacas stated her opposition to the project. She is in favor of acquiring open space for the City but this is far from what she could support. Her concerns include: no original EIR has taken place for the creation of the additional seven development credits, no reason why building rights on eight additional lots should be included, it is not conducive to development under GP guidelines, the city is giving up commercial property for residential, the additional lots acquired are out of proportion to receipt of open space, locating additional housing density outside of town away from amenities will result in more traffic, and the swap is at an inflated price. Mayor Pro Tem Scalise expressed her support for saving the property on Pine Mountain, and stated this was a good project. Council Member O'Malley agreed there is a problem with converting commercial to residential, however no commercial development has occurred in this area in the past. He stated it was important to acquire open space, and he did a lot of research on this project. Several goals were met including the city acquiring 28 acres and additional sewer for more neighborhoods, and he stated he was in support of this project. Mayor Clay stated he had struggled with this but the prize is the open space on Pine Mountain, which insures it will stay in public ownership and not be developed. He made the point that if this does not go through these projects will be back and could be denser. He stated he would support this project, but not another like it. MOTION: By Council Member O'Malley and seconded by Mayor Luna to: 1. Adopt Resolution A certifying Proposed Mitigated Negative Declaration 2003-0069; and, 2. Adopt Resolution B approving General Plan Amendment 2003-0009 based on findings; and, 3. Introduce for first reading by title only, draft Ordinance A, approving Zone Change 2003-0073 based on findings; and, CC Draft Minutes 03/09/04 Page 8 of 12 15 ITEM NUMBER: A- 1 DATE: 04/13/04 4. Introduce for first reading by title only draft Ordinance F, • approving Development Agreement 2004-0001 based on findings; and, 5. Introduce for first reading by title only, draft Ordinance B approving Zone Change 2003-0072 based on findings; and, 6. Introduce for first reading by title only, draft Ordinance C approving Zone Change 2003-0074 based on findings; and, 7. Adopt Resolution D approving the Master Plan of Development (CUP 2003-0120) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 8. Adopt Resolution E approving Vesting Tentative Tract Map 2003-0041 based on findings and subject to Conditions of Approval and Mitigation Monitoring. 9. Introduce for first reading by title only, draft Ordinance D (Zoning Text) and draft Ordinance E (Zoning Map Change) approving Zone Change 2003-0076 based on findings; and, 10.Adopt Resolution F approving Vesting Tentative Tract Map 2003-0042 based on findings and subject to Conditions of Approval and Mitigation Monitoring. 11.Adopt Resolution G approving the Master Plan of Development Amendment (CUP 2002-0067) based on findings and subject to Conditions of Approval and • Mitigation Monitoring; and, 12.Adopt Resolution H approving Vesting Tentative Tract Map 2003-0045 based on findings and subject to Conditions of Approval and Mitigation Monitoring. and amend the following Resolutions and Conditions of Approval• ■ Item #13-2. 7., Resolution D, pg. 131, Condition 11: Affordable Housing Requirement: The applicant shall set aside three five housing units at the moderate category rate for a period of 30 years. • Item #13-2. 8., pg. 162, Condition 8: Affordable Housing Requirement: The applicant shall set aside three five housing units at the moderate category rate for a period of 30 years. ■ Item #13-2. 10., pg. 190, Condition 6: This condition shall be dropped. ■ Item #13-2. 11., pg. 209, Condition 11: This condition shall be dropped. ■ Item #13-2. 12., pg. 234, Condition 6: This condition shall be dropped. • 0 Add to Resolution H: "No construction traffic for phase two will be allowed beyond the emergency gate toward CC Draft Minutes 03/09/04 Page 9 of 12 16 ITEM NUMBER: A- 1 DATE: 04/13/04 Ferrocaril as of Friday, March 12, 2004 and the gate will be locked." • Motion passed 4;1 by a roll-call vote. (Pacas opposed) (Item #B-2.1. Resolution No. 2004-016, Item #B:2.2. Resolution No. 2004-017, Item #B-2J. Resolution No. 2004-018, Item #B-2.8. Resolution No. 2004-019, Item #B-2.10. Resolution No. 2004- 020, Item #B-2.11. Resolution No. 2004-021, Item #B-2.12. Resolution No. 2004-022) C. MANAGEMENT REPORTS: 1. Consideration and Adoption of a Resolution Establishing Non Residential Development Impact Fees: ■ Fiscal impact: Increase in development impact fees compared to prior years. Actual increase depends on the amount of development. ■ Staff recommendation: Council adopt draft Resolution, establishing a non residential schedule of development impact fees. (City Manager) City Manager Wade McKinney gave the staff report and answered questions of Council PUBLIC COMMENT Joanne Main, Chamber of Commerce, expressed her support for the recommendation • from staff and explained her reasoning. Mayor Luna closed the Public Comment period. MOTION: By Council Member Pacas and seconded by Mayor Pro Tem Scalise to adopt draft Resolution, establishing a non- residential schedule of development impact fees. Motion passed 5:0 by a roll-call vote. (Resolution No. 2004- 023) 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— None • CC Draft Minutes 03/09/04 Page 10 of 12 17 ITEM NUMBER: A- 1 DATE: 04/13/04 • MOTION: By Mayor Pro Tem Scalise 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- 024) E. COMMITTEE & LIAISON REPORTS: Mayor Luna 1. Integrated Waste Management Authority (IWMA): Achieved 51% diversion rate. 2. County Mayor's Round Table: Discussed downtown improvements in Pismo Beach and parking solutions there. Additionally the League of California Cities resolution was discussed. Council Member O'Malley 1. League of California Cities - Grassroots Network: Will be attending the state level Policy Committee on Friday, March 19th. Council Member Pacas 1. City/ Schools Committee: City of Atascadero will be hosting a Children's Day in the Park on May 15th and they need sponsors. Central Coast Monster Skate Park will start a series of skate contests starting March 27tH F. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council Council Member O'Malley reminded those present that they would be getting together this Saturday at Home Depot from 10:00 a.m. to 12:00 noon to gather more signatures for the initiative. Mayor Luna reminded those present of the barbeque on Thursday at 12:00 noon to be held in appreciation of the earthquake recovery efforts. 2. City Manager: It was determined that no press release could be done for the Saturday gathering at Home Depot. The City Manager gave an update on staff's analysis of the Governor's budget. Joanne Main announced that on March 17th the Chamber of Commerce and Atascadero CC Draft Minutes 03/09/04 Page 11 of 12 18 ITEM NUMBER: A- 1 DATE: 04/13/04 Main Street would be hosting an earthquake preparedness lunch. They will discuss things individuals can do to prepare their home and business for an earthquake. •' G. ADJOURNMENT: Mayor Luna adjourned the meeting at 10:18 p.m. to the next regularly scheduled meeting on March 23,2004. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Deputy City Clerk i CC Draft Minutes 03/09/04 Page 12 of 12 19 ITEM NUMBER: p DATE: `04113/04 n iiia 1979 CAD�j A tascadero City Council Staff Report Administrative Services Department February 2004 Accounts Payable and Payroll RECOMMENDATION: Council approve certified City accounts payable, payroll and payroll vendor checks for February 2004. DISCUSSION: Attached for City Council review and approval are the following: Payroll Dated 02/12/04 Checks# 18718 - 18792 $ 85,258.60 Direct Deposits 120,756.45 • Dated 02/26/04 Checks # 18793 - 18865 81,939.97 Direct Deposits 119,643.81 AccountsPayable Dated 2/1/04 2/29/04 Checks # 93353- 93729 & EFTs 255 - 264 799,633.90 TOTAL AMOUNT $ 1,207,232.73 FISCAL IMPACT: Total expenditures for all funds is $ 1,207,232.73 CERTIFICATION: The undersigned certifies that the attached demands have been released for payment and that funds are available for these demi 6 - Rachelle Rickard, Dire or of Adminis rative Services Approved by the City Council at a meeting held April 13, 2004. ATTACHMENT: Marcia McClure Torgerson, C.M.C., City Clerk February 2004 Eden Warrant Register in the amount of $ 799,633.90 20 City of Atascadero Disbursement Listing For the Month of February 2004 Check Check Number Dane Vendor Description Amount 93353 2/2/2004 PUBLIC EMPL RETIREMENT SYSTEM Payroll Vendor Payment 28,271.41 255 2/3/2004 MID-STATE BANK Accounts Payable Check 190.37 256 2/3/2004 MID-STATE BANK Payroll Vendor Payment 31,942.61 93354 2/3/2004 CREEKSIDE PARCEL ASSC. Accounts Payable Check 5,973.00 93355 2/5/2004 DANIEL O.CURRIN Accounts Payable Check 2,100.00 93356 2/5/2004 BLUE CROSS OF CALIFORNIA - Payroll Vendor Payment 73,391.34 93357 2/6/2004 KEITH AGGSON Accounts Payable Check 80.00 93358 2/6/2004 ALL PLUMBING Accounts Payable Check 70.00 93359 2/6/2004 STEVEN G.ALVAREZ Accounts Payable Check 360.00 93360 2/6/2004 AMERICAN SANITATION Accounts Payable Check 68.64 93361 2/6/2004 PAULA ANTON Accounts Payable Check 74.14 93362 2/6/2004 ARAMARK Accounts Payable Check 73.29 93363 2/6/2004 ARAMARK UNIFORM SERVICES Accounts Payable Check 334.68 93364 2/6/2004 ATASCADERO EMBLEM CLUB Accounts Payable Check 45.00 93365 2/6/2004 ATASCADERO FORD Accounts Payable Check 21200 93367 2/6/2004 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 2,037.05 93368 2/6/2004 ATASCADERO ROTARY Accounts Payable Check 100.00 93369 2/6/2004 ATASCADERO RUBBER STAMP CO Accounts Payable Check 28.85 93370 2/6/2004 ATASCADERO UNIFIED SCHOOL DIST Accounts Payable Check 210.00 93371 2/6/2004 JANEBAKAR Accounts Payable Check 50.00 93372 2/6/2004 ALAN BAKER Accounts Payable Check 53.86 93373 2/6/2004 BANK OF NEW YORK Accounts Payable Check 9,194.67 93374 2/6/2004 BANK OF NEW YORK Accounts Payable Check 34,543.61 93375 2/6/2004 CINDY K.BENSON Accounts Payable Check 380.80 93376 2/6/2004 GREG BRAZZI Accounts Payable Check 100.00 93377 2/6/2004 JEFF BRAZZI Accounts Payable Check 50.00 93378_ 2/6/2004 GAYLE BRUCE Accounts Payable Check 32.00' 93379 2/6/2004 DALE A.BYWATER Accounts Payable Check 5,573.58 93380 2/6/2004 CA ASSC FOR LOCAL ECONOMIC DEV Accounts Payable Check 445.00 93381 2/6/2004 CACE Accounts Payable Check 40.00 93382 2/6/2004 CAL-COAST REFRIGERATION,INC Accounts Payable Check 107.50 93383 2/6/2004 CALIFORNIA CODE CHECK Accounts Payable Check 22,82 jo 93384 2/6/2004 ANGEL CANNON Accounts Payable Check 31 93385 2/6/2004 CANNON ASSOCIATES Accounts Payable Check 1,435.00 21 City of Atascadero Disbursement Listing For the Month of February 2004 Check Check umber Date Vendor Description Amount 93386 2/6/2004 CCAPA Accounts Payable Check 90.00 93387 2/6/2004 CDW GOVERNMENT,INC. Accounts Payable Check 44.03 93388 2/6/2004 CENTRAL COAST LOCK&KEY Accounts Payable Check 157.29 93389 2/6/2004 BRADY CHERRY Accounts Payable Check 300.00 93390 2/6/2004 CHICAGO GRADE LANDFILL,INC. Accounts Payable Check 248.25 93391 2/6/2004 JERRY L.CLAY Accounts Payable Check 75.00 93392 2/6/2004 COUNTY OF SAN LUIS OBISPO Accounts Payable Check 32.00 93393 2/6/2004 CPRS DISTRICT VIII Accounts Payable Check 140.00 93394 2/6/2004 JOEL B.CROW Accounts Payable Check 32.00 93395 2/6/2004 CRYSTAL SPRINGS WATER Accounts Payable Check 6.50 93396 2/6/2004 CSUS FOUNDATION,INC. Accounts Payable Check 88.26 93397 2/6/2004 DAN BIDDLE PEST CONTROL SERVIC Accounts Payable Check 95.00 93398 2/6/2004 DARRYL'S LOCK AND SAFE Accounts Payable Check 25.74 93399 2/6/2004 DAY-TIMERS,INC. Accounts Payable Check 136.15 93400 2/6/2004 DDS CENTRAL COAST PLAYGROUNDS Accounts Payable Check 1,415.00 93401 2/6/2004 DECOU LUMBER COMPANY Accounts Payable Check 1,295.48 • 93402 2/6/2004 DIRECT SHRED Accounts Payable Check 90.00 93403 2/6/2004 ECONOMIC VITALITY CORP OF SLO Accounts Payable Check 484.30 93404 2/6/2004 ESCUELA DEL RIO Accounts Payable Check 129.60 93405 2/6/2004 FARM SUPPLY COMPANY Accounts Payable Check 495.42 93406 2/6/2004 FEDERAL SIGNAL CORP. Accounts Payable Check 113.50 93407 2/6/2004 FERRELL'S AUTO REPAIR Accounts Payable Check 72.60 93408 2/6/2004 FGL ENVIRONMENTAL Accounts Payable Check 97.20 93409 2/6/2004 WARREN FRACE Accounts Payable Check 300.00 93410 2/6/2004 KAREN GARMAN Accounts Payable Check 827.40 93411 2/6/2004 GAS COMPANY Accounts Payable Check 2,743.67 93412 2/6/2004 GEM AUTO PARTS Accounts Payable Check 924.66 93413 2/6/2004 MIKE GIL Accounts Payable Check 50.00 93414 2/6/2004 KENNETH GLYNN Accounts Payable Check 294.70 93415 2/6/2004 GRAINGER Accounts Payable Check 225.48 93416 2/6/2004 THOMAS R.GRAVES Accounts Payable Check 100.00 93417 2/6/2004 GRISANTI HARDWARE Accounts Payable Check 95.31 93418 2/6/2004 H.D.PETERSON Accounts Payable Check 225.00 93419 2/6/2004 SCOTT HALLETT Accounts Payable Check 30.00 • 93420 2/6/2004 BARRY HARDY Accounts Payable Check 130.00 93421 2/6/2004 GENE HICKS Accounts Payable Check 120.00 22 City of Atascadero Disbursement Listing For the Month of February 2004 Check Check Number Date Vendor Description Amounle 93422 2/6/2004 REGIONALD HICKS Accounts Payable Check 75.00 93423 2/6/2004 CAMERON S.HINCKLEY Accounts Payable Check 88.00 93426 2/6/2004 HOME DEPOT Accounts Payable Check 17,887.00 93430 2/6/2004 I.M.P.A.C.GOVERNMENT SERVICES Accounts Payable Check 14,913.95 93431 2/6/2004 INFINITY CABLE PRODUCTS,INC. Accounts Payable Check 1,733.45 93432 2/6/2004 INFOPET IDENTIFICATION SYSTEMS Accounts Payable Check 147.90 93433 2/6/2004 J.G.TUCKER&SON,INC. Accounts Payable Check 315.32 93434 2/6/2004 JEM DESIGN Accounts Payable Check 235.00 93435 2/6/2004 JESPERSEN'S TIRE SERVICE,INC. Accounts Payable Check 27.00 93436 2/6/2004 JIFFY LUBE#1932 PCJL,INC. Accounts Payable Check 67.45 93437 2/6/2004 STEVEN KAHN Accounts Payable Check 300.00 93438 2/6/2004 VOID Accounts Payable Check 0.00 93439 2/6/2004 GEORGE W.LUNA Accounts Payable Check 75.00 93440 2/6/2004 ROBERT LYNDS Accounts Payable Check 66.00 93441 2/6/2004 MAGNUM TACTICAL SUPPLY Accounts Payable Check 641.60 93442 2/6/2004 KERRY MARGASON Accounts Payable Check 13.33 93443 2/6/2004 MARK MARKWORT Accounts Payable Check 19 93444 2/6/2004 BECKY MAXWELL Accounts Payable Check 41 93445 2/6/2004 STEVE MCHARRIS Accounts Payable Check 74.92 93446 2/6/2004 WADE MCKINNEY Accounts Payable Check 570.00 93447 2/6/2004 MCMASTER-CARR SUPPLY CO. Accounts Payable Check 81.69 93448 2/6/2004 SETH MEAD Accounts Payable Check 110.00 93449 2/6/2004 MID-COAST MOWER&SAW Accounts Payable Check 25.89 " 93450 2/6/2004 MIDTOWN SPORTS,INC. Accounts Payable Check 169.43 93451 2/6/2004 KAISA MILLER Accounts Payable Check 150.00 93452 2/6/2004 DAVID MONGE Accounts Payable Check 120.00 93453 2/6/2004 MPH INDUSTRIES,INC. Accounts Payable Check 1,830.18 93454 2/6/2004 MARK NABORS Accounts Payable Check 169.00 93455 2/6/2004 NICKSON'S MACHINE SHOP INC. Accounts Payable Check 1,584.86 93456 2/6/2004 NORTH COUNTY NEWSPAPERS Accounts Payable Check 2,098.47 93457 2/6/2004 NORTH NET FIRE TRAINING CENTER Accounts Payable Check 1,875.00 93458 2/6/2004 VOID Accounts Payable Check 0.00 93459 2/6/2004 NORTHWEST BUSINESS STAMP Accounts Payable Check 108.95 93460 2/6/2004 THOMAS P.O'MALLEY Accounts Payable Check 75. 93461 2/6/2004 OFFICE DEPOT INC. Accounts Payable Check 14� 23 City of Atascadero Disbursement Listing For the Month of February 2004 Check Check Aft—umber Date Vendor Description Amount 93462 2/6/2004 ORCHARD SUPPLY HARDWARE Accounts Payable Check 1,520.14 93463 2/6/2004 OUTLET TOOL SUPPLY Accounts Payable Check 202.68 93464 2/6/2004 BECKY J.PACAS Accounts Payable Check 75.00 93466 2/6/2004 PACIFIC GAS AND ELECTRIC Accounts Payable Check 28,675.78 93467 2/6/2004 PASO ROBLES SAFE&LOCK Accounts Payable Check 99.71 93468 2/6/2004 DAVE PAYTON Accounts Payable Check 863.62 93469 2/6/2004 PERRY'S PARCEL SERVICE Accounts Payable Check 15.00 93470 2/6/2004 PETE JOHNSTON CHEVROLET Accounts Payable Check 11.93 93471 2/6/2004 PLATINUM PLUS FOR BUSINESS 1298 Accounts Payable Check 170.07 93472 2/6/2004 POOR RICHARD'S PRESS Accounts Payable Check 1,603.93 93473 2/6/2004 PROCARE JANITORIAL SUPPLY Accounts Payable Check 60.60 93474 2/6/2004 GRACE L.PUCCI Accounts Payable Check 90.00 93475 2/6/2004 QUILL CORPORATION Accounts Payable Check 605.54 93476 2/6/2004 RADIO SHACK CORPORATION Accounts Payable Check 36.10 93477 2/6/2004 HARRY RAUCH Accounts Payable Check 55.00 93478 2/6/2004 RECALL SECURE DESTRUCTION SERV Accounts Payable Check 60.00 • 93479 2/6/2004 RACHELLE RICKARD Accounts Payable Check 300.00 93480 2/6/2004 RTC R THOMPSON CONSULTING Accounts Payable Check 250.00 93481 2/6/2004 RXLASER Accounts Payable Check 420.93 93482 2/6/2004 SAFETY-KLEEN INC. Accounts Payable Check 50.45 93483 2/6/2004 SAN LUIS OBISPO CO FIRE CHIEFS Accounts Payable Check 50.00 93484 2/6/2004 SAN LUIS OBISPO COUNTY SHERIFF Accounts Payable Check 9,897.50 93485 2/6/2004 SAN LUIS PAINTS Accounts Payable Check 165.81 93486 2/6/2004 SAN LUIS PAPER Accounts Payable Check 308.53 93487 2/6/2004 SAN LUIS PERSONNEL INC. Accounts Payable Check 5,300.98 93488 2/6/2004 SANTA MARIA TIRE,INC. Accounts Payable Check 191.48 93489 2/6/2004 SBC Accounts Payable Check 19.46 93496 2/6/2004 SBC/MCI Accounts Payable Check 2,535.91 93497 2/6/2004 WENDY SCALISE Accounts Payable Check 75.00 93498 2/6/2004 SECONDARY MIND Accounts Payable Check 830.00 93499 2/6/2004 SHORES SERVICE Accounts Payable Check 40.00 93500 2/6/2004 SIGN OUTLET Accounts Payable Check 96.53 93501 2/6/2004 SHANNON SIMS Accounts Payable Check 26.44 93502 2/6/2004 STAPLES CREDIT PLAN Accounts Payable Check 755.86 93503 2/6/2004 STATE WATER RESOURCES CONTROL Accounts Payable Check 200.00 93504 2/6/2004 TEMPLETON UNIFORMS Accounts Payable Check 195.67 24 City of Atascadero Disbursement Listins? For the Month of February 2004 Check Check Number Date Vendor Description Amoune 93505 2/6/2004 JILL TERRY Accounts Payable Check 100.00 93506 2/6/2004 TOM FLYNN&SONS Accounts Payable Check 1,495.00 93507 2/6/2004 VOID Accounts Payable Check 0.00 93508 2/6/2004 TRIBUNE Accounts Payable Check 923.93 93509 2/6/2004 TURF STAR,INC. Accounts Payable Check 168.27 93510 2/6/2004 U.S.BANK Accounts Payable Check 11,607.50 93511 2/6/2004 U.S.BANK Accounts Payable Check 862.50 93512 2/6/2004 ULTREX BUSINESS PRODUCTS Accounts Payable Check 458.26 93513` 2/6/2004 UNION PACIFIC RAILROAD CO Accounts Payable Check 9,252.70 93514 2/6/2004 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 2,280.31 93515 2/6/2004 TOM WAY Accounts Payable Check 220.00 93516 2/6/2004 WESTERN FARM SERVICE,INC. Accounts Payable Check 1,126.13 93517 2/6/2004 JEFF WILSHUSEN Accounts Payable Check 448.29 93518 2/13/2004 ATASCADERO FIRE DEPT EMP.ASSN Payroll Vendor Payment 240.00 93519 2/13/2004 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 20.00 93520 2/13/2004 ATASCADERO POLICE OFFICERS ASN Payroll Vendor Payment 423 93521 2/13/2004 FAMILY SUPPORT DIVISION Payroll Vendor Payment 181b 93522 2/13/2004 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 7,431.42 93523 2/13/2004 EMPLOYMENT DEV.DEPARTMENT Payroll Vendor Payment 1,113.98 93524 2/13/2004 EMPLOYMENT DEV.DEPARTMENT Accounts Payable Check 7,643.00 93525 2/13/2004 HARTFORD LIFE INSURANCE Payroll Vendor Payment 6,464.15 93526 2/13/2004 ICMA RETIREMENT TRUST-457 Payroll Vendor Payment 757.90 93527 2/13/2004 KENNEDY CLUB FITNESS Payroll Vendor Payment 88.00 93528 2/13/2004 NATIONAL DEFERRED COMPENSATION Payroll Vendor Payment 878.70 93529 2/13/2004 PERS LONG TERM CARE PROGRAM Payroll Vendor Payment 38.04 93530 2/13/2004 SEIU LOCAL 620 AFL-CIO Payroll Vendor Payment 640.75 93531 2/13/2004 SLO CREDIT UNION Payroll Vendor Payment 625.00 93532 2/13/2004 UNITED WAY OF SLO COUNTY Payroll Vendor Payment 33.00 93533 2/13/2004 PUBLIC EMPL RETIREMENT SYSTEM Payroll Vendor Payment 28,760.41 257 2/17/2004 MID-STATE BANK Payroll Vendor Payment 32,792.54 93534 2/20/2004 ADVANCE TRANSMISSION Accounts Payable Check 221.26 93535 2/20/2004 KEITH AGGSON Accounts Payable Check 200.00 93536 2/20/2004 ALAMEDA COUNTY SHERIFFS OFFICE Accounts Payable Check 17 93537 2/20/2004 ALL ABOUT PRODUCE,CORP. Accounts Payable Check 1,143.QiI 25 City of Atascadero Disbursement Listing For the Month of February 2004 Check Check umber Date Vendor Description Amount 93538 2/20/2004 AMERICAN ZOO AND AQUARIUM ASSC Accounts Payable Check 85.00 93539 2/20/2004 ANACAPA ANIMAL HOSPITAL Accounts Payable Check 265.93 93540 2/20/2004 ARAMARK UNIFORM SERVICES Accounts Payable Check 245.06 93541 2/20/2004 AT&T Accounts Payable Check 54.49 93542 2/20/2004 ATASCADERO CHAMBER OF COMMERCE Accounts Payable Check 110.00 93543 2/20/2004 ATASCADERO FORD Accounts Payable Check 741.64 93544 2/20/2004 ATASCADERO POLICE ASSOC Accounts Payable Check 150.00 93545 2/20/2004 ATASCADERO RUBBER STAMP CO Accounts Payable Check 28.85 93546 2/20/2004 ATASCADERO UNIFIED SCHOOL DIST Accounts Payable Check 3,412.50 93547 2/20/2004 BASIC CHEMICAL SOLUTIONS,LLC Accounts Payable Check 1,783.78 93548 2/20/2004 BAUER COMPRESSORS Accounts Payable Check 6,722.27 93549 2/20/2004 BENERGY,INC. Accounts Payable Check 4,427.70 93550 2/20/2004 BEVERIDGE&DIAMOND,P.C. Accounts Payable Check 345.45 93551 2/20/2004 BIG BROTHERBIG SISTER SLO Accounts Payable Check 3,000.00 93552 2/20/2004 TOM BIRKENFELD Accounts Payable Check 160.00 93553 2/20/2004 GREG BRAZZI Accounts Payable Check 80.00 93554 2/20/2004 BRENDLER JANITORIAL SERVICE Accounts Payable Check 370.00 93555 2/20/2004 BROWN AND CALDWELL Accounts Payable Check 3,833.84 93556 2/20/2004 GAYLE BRUCE Accounts Payable Check 24.00 93557 2/20/2004 DALE A.BYWATER Accounts Payable Check 6,201.34 93558 2/20/2004 CALIFORNIA CODE CHECK Accounts Payable Check 10,024.54 93559 2/20/2004 CANNON ASSOCIATES Accounts Payable Check 1,211.20 93560 2/20/2004 CCCICBO Accounts Payable Check 60.00 93561 2/20/2004 CONSOLIDATED ELECTRICAL CED Accounts Payable Check 26.81 93562 2/20/2004 CELLULAR ONE Accounts Payable Check 1,198.15 93563 2/20/2004 CENTRAL COAST ACOUSTIC CEILING Accounts Payable Check 5.00 93564 2/20/2004 CENTRAL COAST PLUMBING SUPPLY Accounts Payable Check 11.69 93565 2/20/2004 CENTRAL COAST PRINTING Accounts Payable Check 427.72 93566 2/20/2004 CHEM CLEAN Accounts Payable Check 117.81 93567 2/20/2004 CLEAN WATER SYSTEMS,INC. Accounts Payable Check 35.00 93568 2/20/2004 COASTLINE EQUIPMENT Accounts Payable Check 9,938.75 93569 2/20/2004 COUNTY HEALTH DEPARTMENT Accounts Payable Check 32.50 93570 2/20/2004 CPOA Accounts Payable Check 170.00 93571 2/20/2004 CPRS DISTRICT VIII Accounts Payable Check 36.00 93572 2/20/2004 CREATIVE THREAD Accounts Payable Check 49.87 93573 2/20/2004 JOEL B.CROW Accounts Payable Check 24.00 26 City of Atascadero Disbursement Listing For the Month of February 2004 Check Check Number Date Vendor Description Amount* 93574 2/20/2004 CROWN TROPHY Accounts Payable Check 1,699.16. 93575 2/20/2004 CRYSTAL SPRINGS WATER Accounts Payable Check 131.00 93576 2/20/2004 CT INTERNATIONAL Accounts Payable Check 45.00 93577 2/20/2004 CTM GROUP,INC. Accounts Payable Check 64.40 93578 2/20/2004 CUESTA EQUIPMENT Accounts Payable Check 191.72 93579 2/20/2004 D.A.R.E.AMERICA MERCHANDISE Accounts Payable Check 150.96 93580 2/20/2004 DALLAS CROWN,INC Accounts Payable Check 4,569.48 93582 2/20/2004 DANCRIS TELECOM Accounts Payable Check 338.76 93583 2/20/2004 DARRYL'S LOCK AND SAFE Accounts Payable Check 130.79 93584 2/20/2004 DAVID M FLEISHMAN Accounts Payable Check 37.50 93585 2/20/2004 DECOU LUMBER COMPANY Accounts Payable Check 371.64 93586 2/20/2004 DOOLEY ENTERPRISES INC Accounts Payable Check 2,225.44 93587 2/20/2004 EASY AD Accounts Payable Check 89.00 93588 2/20/2004 ECONOMIC VITALITY CORP OF SLO Accounts Payable Check 7,500.00 93589 2/20/2004 ED'S FLY MEAT,INC. Accounts Payable Check 82.50 93590 2/20/2004 EL CAMINO ASSOCIATES Accounts Payable Check 5,973.00 93591 2/20/2004 EL CAMINO CAR WASH LLC Accounts Payable Check 4* 93592 2/20/2004 EL CAMINO VETERINARY HOSP Accounts Payable Check 4,489.00 93593 2/20/2004 ELLIOTT S PHARMACY Accounts Payable Check 15.00 93594 2/20/2004 ENTENMANN-ROVIN CO. Accounts Payable Check 217.64 93595 2/20/2004 EVERGREEN OIL,INC. Accounts Payable Check 75.00 93596 2/20/2004 FEDERAL EXPRESS Accounts Payable Check 33.18 93597 2/20/2004 FERRELL'S AUTO REPAIR Accounts Payable Check 66.00 93598 2/20/2004 FGL ENVIRONMENTAL Accounts Payable Check 129.60 93599 2/20/2004 FIRSTLINE,LLC Accounts Payable Check 176.96 93600 2/20/2004 FOOD FOR LESS Accounts Payable Check 317.05 93601 2/20/2004 FRAZEE INDUSTRIES,INC. Accounts Payable Check 9.96 93602 2/20/2004 GEM AUTO PARTS Accounts Payable Check 304.77 93603 2/20/2004 MIKE GIL Accounts Payable Check 70.00 93604 2/20/2004 GOLDEN STATE SYSTEMS Accounts Payable Check 30.36 93605 2/20/2004 GRISANTI HARDWARE Accounts Payable Check 189.91 93606 2/20/2004 H.D.PETERSON Accounts Payable Check 4.50 93607 2/20/2004 ANN HALL Accounts Payable Check 2,826.76 93608 2/20/2004 MARK HELLER Accounts Payable Check 108 93609 2/20/2004 YVONNE HELMS Accounts Payable Check 2 27 City of Atascadero Disbursement Listing For the Month of February 2004 Check Check Amklumber Date Vendor Description Amount 93610 2/20/2004 GENE HICKS Accounts Payable Check 80.00 93611 2/20/2004 REGIONALD HICKS Accounts Payable Check 75.00 93612 2/20/2004 CAMERON S.HINCKLEY- Accounts Payable Check 64.00 93613 2/20/2004 HINDERLITER,DE LLAMAS Accounts Payable Check 4,797.74 93614 2/20/2004 IAFC MEMBERSHIP Accounts Payable Check 215.00 93615 2/20/2004 INGLIS PET HOTEL Accounts Payable Check 113.17 93616 2/20/2004 INTOXIMETERS Accounts Payable Check 2,296.70 93617 2/20/2004 J&S SWEEPING SERVICE Accounts Payable Check 1,900.00 93618 2/20/2004 J.CARROLL Accounts Payable Check 3,685.58 93619 2/20/2004 JESPERSEN'S TIRE SERVICE,INC. Accounts Payable Check 497.53 93620 2/20/2004 JIFFY LUBE#1932 PCJL,INC. Accounts Payable Check 146.64 93621 2/20/2004 JOBS AVAILABLE,INC. Accounts Payable Check 92.00 93622 2/20/2004 DIANE KELLOGG Accounts Payable Check 36.00 93623 2/20/2004 KEN'S MOBIL SERVICE Accounts Payable Check 1,830.93 93624 2/20/2004 DAREN KENNETT Accounts Payable Check 108.55 93625 2/20/2004 KERSEY'S ATASCADERO QUICK LUBE Accounts Payable Check 54.20 • 93626 2/20/2004 HAPPY LARSEN Accounts Payable Check 53.61 93627 2/20/2004 JASON LECLAIR Accounts Payable Check 60.00 93628 2/20/2004 LEE WILSON ELECTRIC CO.INC Accounts Payable Check 781.38 93629 2/20/2004 ROBERT LIBRIZZI Accounts Payable Check 150.00 93630 2/20/2004 LIFE ASSIST,INC. Accounts Payable Check 399.48 93631 2/20/2004 LONGS DRUG STORES Accounts Payable Check 23.30 93632 2/20/2004 MANAGED HEALTH NETWORK,INC. Accounts Payable Check 279.65 93633 2/20/2004 MARK'S PLUMBING&WATER TRMNT Accounts Payable Check 1,189.14 93634 2/20/2004 MARTIN&CHAPMAN CO. Accounts Payable Check 63.99 93635 2/20/2004 MCDONALD APPRAISAL SERVICE Accounts Payable Check 2,500.00 93636 2/20/2004 WADE MCKINNEY Accounts Payable Check 163.79 93637 2/20/2004 MCNAMARA ELECTRIC Accounts Payable Check 179.53 93638 2/20/2004 MEATHEAD MOVERS,INC. Accounts Payable Check 2,951.25 93639 2/20/2004 MID-COAST MOWER&SAW Accounts Payable Check 2.25 93640 2/20/2004 MINER'S ACE HARDWARE Accounts Payable Check 68.25 93641 2/20/2004 MISSION UNIFORM SERVICE Accounts Payable Check 108.42 93642 2/20/2004 MITY LITE,INC. Accounts Payable Check 4,424.06 93643 2/20/2004 DAVID MONGE Accounts Payable Check 80.00 • 93644 2/20/2004 MOORE MEDICAL CORP. Accounts Payable Check 121.49 93645 2/20/2004 MUSIC FACTORY Accounts Payable Check 6,256.35 28 City of Atascadero Disbursement Listing For the Month of February 2004 Check Check Number Date Vendor Description Amounle 93646 2/20/2004 NEOPOST,INC. Accounts Payable Check 32.12 93647 2/20/2004 PAUL NETZ Accounts Payable Check 160.00 93648 2/20/2004 NEWCO DISTRIBUTORS,INC. Accounts Payable Check 345.66 93649 2/20/2004 NICKSON'S MACHINE SHOP INC. Accounts Payable Check 2,894.29 93650 2/20/2004 NORTH COUNTY GLASS Accounts Payable Check 1,106.09 93651 2/20/2004 NORTH COUNTY NEWSPAPERS Accounts Payable Check 2,239.11 93652 2/20/2004 NORTHERN SAFETY CO.,INC. Accounts Payable Check 1,353.82 93653 2/20/2004 OAK COUNTRY LUMBER&RANCH Accounts Payable Check 3,807.38 93654 2/20/2004 OFFICE DEPOT INC. Accounts Payable Check 384.54 93655 2/20/2004 OFFICE OF TOM J.BORDONARO,JR Accounts Payable Check 12.50 93656 2/20/2004 OUTDOOR CREATIONS Accounts Payable Check 2,145.00 93657 2/20/2004 OUTLET TOOL SUPPLY Accounts Payable Check 650.28 93658 2/20/2004 KATHLEEN A.PENCE Accounts Payable Check 4,712.50 93659 2/20/2004 PERRY'S PARCEL SERVICE Accounts Payable Check 70.70 93660 2/20/2004 POOR RICHARD'S PRESS Accounts Payable Check 690.69 93661 2/20/2004 PORAC LAW ENFORCEMENT NEWS Accounts Payable Check 840.00 93662 2/20/2004 PRAXAIR DISTRIBUTION,INC. Accounts Payable Check 12 93663 2/20/2004 PRINT LOGIC,INC. Accounts Payable Check 700 93664 2/20/2004 PROCARE JANITORIAL SUPPLY Accounts Payable Check 805.64 93665 2/20/2004 ' PROFESSIONAL AUTOMOTIVE Accounts Payable Check 0.50 93666 2/20/2004 GRACE L.PUCCI Accounts Payable Check 172.50 93667 2/20/2004 QUILL CORPORATION Accounts Payable Check 676.18 93668 2/20/2004 RADIO SHACK CORPORATION Accounts Payable Check 36.62 93669 2/20/2004 RAINBOW MEALWORMS,INC. Accounts Payable Check 155.45 93670 2/20/2004 RALPH'S CUSTOM MEATS Accounts Payable Check 5.00 93671 2/20/2004 RECOGNITION WORKS Accounts Payable Check 697.66 93672 2/20/2004 RED'S PLUMBING Accounts Payable Check 1,649.82 93673 2/20/2004 RELIABLE PROTEIN PRODUCTS Accounts Payable Check 1,246.96 93674 2/20/2004 STEVE ROBINSON DVM Accounts Payable Check 8,400.00 93675 2/20/2004 STEVE ROMO Accounts Payable Check 60.00 93676 2/20/2004 ROTO-ROOTER Accounts Payable Check 380.00 93677 2/20/2004 RRM DESIGN GROUP Accounts Payable Check 632.85 93678 2/20/2004 SAN LUIS PERSONNEL INC. Accounts Payable Check 427.52 93679 2/20/2004 SAN LUIS VIDEO SYSTEMS Accounts Payable Check 2,499. 93680 2/20/2004 SANTA MARIA TIRE,INC. Accounts Payable Check 626 29 City of Atascadero Disbursement Listing For the Month of February 2004 Check Check umber Date Vendor Description Amount 93681 2/20/2004 SBC/MCI Accounts Payable Check 378.69 93682 2/20/2004 SCOTT O'BRIEN FIRE&SAFETY CO Accounts Payable Check 277.96 93683 2/20/2004 MELISSA SHEMICK Accounts Payable Check 25.00 93684 2/20/2004 SIGN OUTLET Accounts Payable Check 2,546.79 93685 2/20/2004 SILVERADO STAGES INC. Accounts Payable Check 1,206.88 93686 2/20/2004 JASON SMITH Accounts Payable Check 161.00 93687 2/20/2004 SO CA TRAINING OFFICERS ASSC Accounts Payable Check 40.00 93688 2/20/2004 STATE OF CALIFORNIA Accounts Payable Check 150.00 93689 2/20/2004 STEWART'S WHEEL SHOP Accounts Payable Check 55.00 93690 2/20/2004 GARI STINEBAUGH Accounts Payable Check 27.14 93691 2/20/2004 ROY STRONG Accounts Payable Check 139.37 93692 2/20/2004 SUNLIGHT JANITORIAL Accounts Payable Check 1,275.00 93693 2/20/2004 SUPERIOR QUALITY COPIERS,INC. Accounts Payable Check 313.90 93694 2/20/2004 SWITZER DIESEL REPAIR Accounts Payable Check 1,866.14 93695 2/20/2004 TERRY&PAULSON ENTERPRISE INC Accounts Payable Check 67.00 93696 2/20/2004 TESORO CAR WASH Accounts Payable Check 75.00 93697 2/20/2004 THYSSENKRUPP ELEVATOR Accounts Payable Check 857.55 93698 2/20/2004 VOID Accounts Payable Check 0.00 93699 2/20/2004 TRIBUNE Accounts Payable Check 2,329.02 93700 2/20/2004 BOB TROTTER Accounts Payable Check 31.30 93701 2/20/2004 U.S.ARMOR CORPORATION Accounts Payable Check 538.71 93702 2/20/2004 U.S.POSTAL SERVICE/NEOPOST Accounts Payable Check 5,000.00 93703 2/20/2004 UNION ASPHALT,INC. Accounts Payable Check 224.03 93704 2/20/2004 UNISOURCE MAINT SUPPLY SYSTEMS Accounts Payable Check 215.13 93705 2/20/2004 VERIZON WIRELESS Accounts Payable Check 178.83 93706 2/20/2004 MATT VIERRA Accounts Payable Check 316.00 93707 2/20/2004 TOM WAY Accounts Payable Check 80.00 93708 2/20/2004 WESTERN STATE DESIGN,INC. Accounts Payable Check 165.00 93709 2/20/2004 NIKI WHITSETT Accounts Payable Check 150.00 93710 2/20/2004 LISA WILKINSON Accounts Payable Check 36.12 93711 2/20/2004 WILLIAM AVERY&ASSC.,INC. Accounts Payable Check 2,500.00 93712 2/20/2004 WONDRIES FLEET GROUP Accounts Payable Check 24,560.96 93713 2/20/2004 WOODWARD ACOUSTICS,INC. Accounts Payable Check 180.00 i258 2/21/2004 MID-STATE BANK Accounts Payable Check 50.00 259 2/21/2004 MID-STATE BANK Accounts Payable Check 60.00 30 City of Atascadero Disbursement Listing For the Month of February 2004 Check Check Number Date Vendor Description Amounle 260 2/21/2004 MID-STATE BANK Accounts Payable Check 50.00 261 2/21/2004 MID-STATE BANK Accounts Payable Check 55.00 262 2/21/2004 ' MID-STATE BANK Accounts Payable Check 15.00 263 2/21/2004 MID-STATE BANK Accounts Payable Check 55.00 264 2/21/2004 MID-STATE BANK Accounts Payable Check 55.00 93714 2/24/2004 A-JAY EXCAVATING,INC. Accounts Payable Check 87,228.08 93715 2/27/2004 ATASCADERO FIRE DEPT EMP.ASSN Payroll Vendor Payment 340.00 93716 2/27/2004 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 20.00 93717 2/27/2004 ATASCADERO POLICE OFFICERS ASN Payroll Vendor Payment 423.00 93718 2/27/2004 FAMILY SUPPORT DIVISION Payroll Vendor Payment 182.69 93719 2/27/2004 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 7,075.86 93720 2/27/2004 EMPLOYMENT DEV.DEPARTMENT Payroll Vendor Payment 1,099.94 93721 2/27/2004 HARTFORD LIFE INSURANCE Payroll Vendor Payment 6,464.15 93722 2/27/2004 ICMA RETIREMENT TRUST-457 Payroll Vendor Payment 757.90 93723 2/27/2004 KENNEDY CLUB FITNESS Payroll Vendor Payment 88.00 93724 2/27/2004 NATIONAL DEFERRED COMPENSATION Payroll Vendor Payment 72 93725 2/27/2004 PERS LONG TERM CARE PROGRAM Payroll Vendor Payment 38.E 93726 2/27/2004 SEIU LOCAL 620 AFL-CIO Payroll Vendor Payment 645.75 93727 2/27/2004 SLO CREDIT UNION Payroll Vendor Payment 625.00 93728 2/27/2004 UNITED WAY OF SLO COUNTY Payroll Vendor Payment 33.00 93729 2/27/2004 PUBLIC EMPL RETIREMENT SYSTEM Payroll Vendor Payment 28,342.06 $ 799,633.90 i 31 ITEM NUMBER: A 3 DATE: 04/13/04 R 191a e 1 e .�� "D Atascadero City Council February 2004 Staff Report - City Treasurer February 2004 Investment Report RECOMMENDATION: Council approve the City Treasurer's report for February 2004 REPORT IN BRIEF: Cash and Investments Checking $ 971,097 Money Market Accounts 298,452 Certificates of Deposit 5,459,162 Government Securities 1,542,500 LAIF 15,664,576 . Cash with Fiscal Agents 143,583 Cash in Banks at February 29, 2004 $ 24,079,370 Deposits in Transit - Outstanding Checks (345,174) Cash and Investments at February 29, 2004 $ 23,734,196 Investment Activity Securities Purchased: Purchase Date Description Type Cost Maturity Date 02/04/04 Fireside Thrift CD $ 97,000 02/04/09 02/04/04 First Signature Bank CD 97,000 02/04/09 02/04/04 Western Bank CD 97,000 02/04/09 Securities Matured: Maturity Date Description Type Original Cost Amount Matured 02/13/04 Darby Bank&Trust CD $ 95,000 $ 95,000 02/20/04 Select Bank of Michigan CD 99,000 99,000 02/27/04 Bank of North Georgia CD 97,000 97,000 02/27/04 Coastal Bank of Georgia CD 97,000 97,000 Page 1 of 13 32 Securities Sold/Called Prior to Maturity: Transaction/ Original Cost/ Gain/(Loss) Tran Date Description/Type Maturity Call Price on Call Called Fed'I Home Loan Bank $ 200,000 $ 200,000 $ - 02/27/04 Government Security 08/27/08 Other Reportable Activities: None i 33 Page 2 of 13 CITY OF ATASCADERO • TREASURER'S REPORT CASH&INVESTMENTS ACTIVITYSUMMARY FOR THE MONTH OF FEBR VARY 2004 CHECKING FISCAL ACCOUNT INVESTMENTS AGENT TOTALS Balance per Banks at February 1,2004 $ 276,603 $ 24,058,139 $ 143,733 $ 24,478,475 Receipts 910,008 3,551 61 913,620 Disbursements (1,312,514) - (211) (1,312,725) Transfers hi 1,388,000 291,000 - 1,679,000 Transfers Out (291,000) (1,388,000) - (1,679,000) Balance per Banks at February 29,2004 $ 971,097 $ 22,964,690 $ 143,583 24,079,370 Deposits in Transit - Outstanding Checks (345,174) Adjusted Treasurer's Balance $ 23,734,196 Page 3 of 13 34 �O N M 00 O O O O O O M. O O O W 7 00 00 lr- \O vi v1 r- kn �o" vj N '� O\ O\. ON 01 Q\ CNn o\ : eq 0 • oo ti as �O N M h vl Cl O O O O O O O O O O Vl 7 O O O O O O O O O O O V � N O1 Obi Obi Obi obi O �L Lrl 0 0 7 > 00 r-: �p vt h O O N v1 N r� M M M M d' d' C 00 ed ctl O O v1 O O O O O O p h 00 V1 vl O O O\ v1 N O [ti '21WOd. QeL0.i71' N W U hN cV cV R ctl c3. cy N. ey ey ty ty m c3 O F' V ti a a a °o °o a a. °o a v w W o 0 0 0 0 0 0 0 0 o g I\ h v) O aO O .-• O O •-r O O O H R 4 Lti lo' Ca Z .O 0 0 N Q O kn O O p p 35 0 0 C) 0 0 0 0 0 0 0 0 0 0 h 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 h ti Cd ° U ti 4, Q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Ua o rn rn � y W rn N IN p vi o v� h N pp ' 0 0 l� h N N N M o oo N 'V' oq O O M 00 O O o0 O O \ V M M M M M M M N 0 tn 34 h M Ut434 44 VJ 0 O O O O O O O O W W A A A A A A A A A A A A 0 0 0 0 0 0 Ly ca cd in ce id iC V U � v v U U U U U U U U U U U U U Q o 0 0 0 0 0 0 0 0_ o 0 eq 0 0 N N � F o F. cts ofA ° z W qq d c F G4 o 14 i c% ° C1 b 6 N > 3 d a o > > Z C O co • � U Z �-. a � a P.i Q � � A �.. C%1 � CL U � P, 0 r7 ►`7 ..a V W p OO OO O OO O O O O O O O O W _ o r� v o0 QN •--� .N.r M M O C N N 36 p O. O O O0C` rn (71a rn C, a a C a OO , cs ON h O �4 • ti Cd ro Z Z Z Z Z Z Z Z Z Z Z Z Z C aq 0 0 0 0 0 0 0 o S 0 w ON O c �, �; O C wa 0 o e w o 0 0 0 0 0 0 0 Cl a, vi O W W O v1 O O O Cl O O kn v1 O O Cl O O O Os Vl I— O co cd w N W a� w w ., .. 4 a h o 0 o a O o 0 0 w ti h w 0 ❑ 0 G sy a a o a °o 0 a 0 4y A A A A A A A A A A A A A w w w w w w w w w w w w w h o 0 0 0 0 0 0 0 0 0 0 0 0 ca w w w w tu v v v v v v v v Q W O O O. p NO N N N O hr r. O - O �O O O O O U M N N M O O O p O a b O N � y G7 C cl h 2' o ea a o ItRS a s o R [ o c zco d cc U o C a aZi 3 o 7. pcc va vv z � H x-r� � � Oti z wmu vu ti ti o 0 0 0 0 o � o N O� N O V1 lZ OO O O O [ M R N M C O o 0 0 0 0 0 0 0 0 0 37 0 0 0 0 0 0 o O o 0 0 CN o o C o O o 0 0 0 0 0 o v v fy Gy n r- rn o n o 00 00 00 o v; N O O\ O\ O\ O O\ O 01 O\ N rn M IV M 4-4 ti 69 69 -� cE «! cy ed cd cd c0 Cd m cG A � 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 00 00 o vi vi O '� O\ CN CN O O+ O Os C, O� N. M O\ 69 cq A o 0 0 0 0 0 0 0 0 0 00 00 .-• •-• ri v1 O O O O O D\ M M M N M M M M M N q h 0 0 0 0 0 0 0 a0 o o o o 0 o a o o 0 � � o 0 0 0 0 0 0 0 o rn [►� \ M M M N M M M M M N N N M O h Al o co NQIti Z Z d Z Z ¢ d d c d 44 91. O o 0 0 c o 0 0 V ti Q W A A A q (u A A A W w w w w U w w w Ell) lu U U U U U U U Ir N ani ami ani o ami o ani a�i ani o o ani o U U U C7 U C7 U U U C7 C7 U C7 r" N N M M M M M M M M M M V o 0 0 0 0 _o O o O o 0 -- r- O O N O O. 00 O O N M � A r. o 0 0 0 0 0 0 0 0 0 a 0 V x .S oQoLn y E m d 00 a 5 M- m x O 800 , M W U U p O m Mr �.Oy M R F7 O A L o U o x x c x M W M c x 0 3 a is 5 cl Ca o 3 s`�, i .+ o ea ca ° c asi Ln 3 ° iy En o u A x u wU as wU C7aU Avg wU wU Uw ts, U t— t— t— r 00 00 00 00 00 00 00 00 00 0 0 0 0 0 0 0 0 0 0 0 0 0 N 00 N O O O O O O O O �i 38 c o0 0 0 C) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C W wl as ON c a CN CN of r-:, o yr „i rz rz h ti aq o o 0 IZ w o co� ON Ch S (y , C7, CN ON CN CN CN CN v, vi vi o �q N f+j en �rj M M '+j M en M Kj M CD Lr) h V1 O M M M M M M cn en M M O h WOE,. ti Q a N as coa � co � w � � o a U tiCwa A A A A A A q q q q q w w w d o n oo O O O O O O a cc ti L y a `�^ to > F k� Ca eCa a mo w a F d z Z c U oooo oo 0 0 0 0 0 0 0 0 q C O oo CN oo oo � O N M M N N �i O O O O O O 39 en [r o rn 0Mo 00 r vl N O ° d 69 N3 O. O N rawy o M V � 00 00 a q a U � U O Q N y N y V!j fin Cl. M d O V. O h 3 W W n 3 b �o y MitCl CL� ss. � R] N WO e c 0 ° � ami O en ~ ~ W Q w W w � O U H .3 Y •� A 8 W «, F p" > Cd 3 g b co ' W o l agog � :oy Cd W d 3 U = > 40 City of Atascadero Investments by Type February 2004 • Government Cash with Securities Fiscal Agent Certificates of Deposit 7% 1% Other 24% 1% LAIF 67% Investment February 2004 LAIF $ 15,664,576 Certificates of Deposit 5,459,162 Government Securities 1,542,500 Cash with Fiscal Agent 143,583 Other 298,452 $ 23,108,273 • Page 10 of 13 41 City of Atascadero Investments by Maturity • February 2004 One Month One to Five Years to One Year 27% Within 4% One Month ' xy x 0% {. m v On Demand 69% Investment February 2004 On Demand $ 15,963,028 Within One Month 48,093 One Month to One Year 839,600 One to Five Years 6,113,969 $ 22,964,690 Page 11 of 13 42 City of Atascadero Investments by Custodial Agent February 2004 • Bank of RBC Dain Rauscher New York Ci of Penson 21/0 1% City Financial Corp. Atascadero0% 10% State of Califomia 68% Custodial Agent February 2004 State of California $ 15,664,576 Penson Financial Corp. 2,306,230 RBC Dain Rauscher 4,945,791 Bank of New York 143,583 City of Atascadero 48,093 $ 23,108,273 43 Page 12 of 13 City of Atascadero Investment Yield vs. 2-Year Treasury Yield • For the Year Ended February 29, 2004 3.00% f F Of e` r 2.50% � 2.00% 1.50% 1.00% 0.50% 0.00% Ra ' O`' 00 00 00 00 03 00 00 00 O� 03 Off` Off` O OO O O O O O O O O O ti c`L \ti �`L �`L yA ��ti ��ti e�`1'O ��ti esti �L �� `Ja� �a`G PQM ,J City Yield 2-Yr Treasury Yield 2-Yr Treasury City Yield Yield February 2003 2.64% 1.63% March 2003 2.57% 1.57% April 2003 2.46% 1.62% May 2003 2.36% 1.42% June 2003 2.28% 1.23% July 2003 2.22% 1.47% August 2003 2.23% 1.86% September 2003 2.23% 1.71 October 2003 2.21% 1.75% November 2003 2.18% 1.93% December 2003 2.11% 1.91% January 2004 2.10% 1.76% February 2004 2.03% 1.74% Page 13 of 13 44 ITEM NUMBER: A-4 DATE 4/13/04 ■ ee e a 1918 � 19 A7A7 Atascadero City Council Staff Report- Public Works Department Funding Administration and Project Coordination Services Contract Bid No. 2004-003 RECOMMENDATION: Council authorize the City Manager to execute a contract with Kathleen Pence for Funding Administration and Project Coordination Services. DISCUSSION Background: The City of Atascadero uses many funding sources to fund a diverse Capital Improvement Program. Funding administration and project coordination services requires constant research to stay abreast of ever-changing regulations, as well as vigilant and accurate recordkeeping and tracking of crucial deadlines. Each of the many funding sources for public projects possesses specific procedures and documentation. The paperwork, process and requirements are time consuming. The City does not have the resources to employ a full-time person to handle funding administration and capital improvementproject coordination. Due to the specialized nature of this work, Staff has found it most efficient and cost effective to enlist a private consultant to provide these services. Summanr: Requests for Statements of Qualifications were mailed to four consultants on January 27, 2004. On February 17, 2004, three Statements were received in the City Clerk's Office from Kathleen Pence, John Wallace and Associates, and LY Lin. Statements were .reviewed and ranked by a Consultant Selection Committee and Kathleen Pence was found to be the most qualified consultant. A Cost Proposal was received, and staff negotiated a contract with her. Analysis: Ms. Pence has provided funding administration and project coordination . services to the City of Atascadero since 1999, first as an employee of the City's former consultant City Engineer, and since July 2003 as an independent consultant. With 23 45 ITEM NUMBER: A-4 DATE: 4/13/04 years of public agency experience, she has demonstrated an excellent understanding of funding procedures and regulations, as well as capital project development from inception to final audit. Conclusion: Staff recommends that the City Council award a contract to Kathleen Pence for Funding Administration and Project Coordination Services. FISCAL IMPACT: Funding for Funding Administration and Project Coordination Services will be provided from the specific project work is provided for. ATTACHMENT: Agreement for Services of Consultant/Consultant Services Agreement • 46 - Contract No. AGREEMENT FOR SERVICES OF CONSULTANT or CONSULTANT SERVICES AGREEMENT This agreement is made upon the date of execution, as set forth below, by and between Kathleen Pence, hereinafter referred to as"Consultant", and the City of Atascadero, California, a Municipal Corporation, hereinafter referred to as"City". The parties hereto,in consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions: 1:00 GENERAL PROVISIONS 1.01 TERM: This agreement will become effective on the date of execution set forth below, and will continue in effect until terminated as provided herein. 1.02 SERVICES TO BE PERFORMED BY CONSULTANT: Consultant agrees to perform or provide the services specified in"Description of Services" attached hereto as"Exhibit X' hereby incorporated herein. The services are for Funding Administration and Project Coordination. Consultant shall determine the method, details and means of performing the above-referenced services. Consultant may, at Consultant's own expense, employ such assistants, as Consultant deems necessary to perform the services required of Consultant by this agreement. City may not control, direct or supervise Consultant's assistants or employees in the performance of those services. 1.03 COMPENSATION: In consideration for the services to be performed by Consultant, City agrees to pay Consultant the consideration set forth in the amounts and under the terms provided in "Exhibit B", hereby incorporated herein. 2:00 OBLIGATIONS OF CONSULTANT 2.01 MINIMUM AMOUNT OF SERVICE BY CONSULTANT: Consultant agrees to devote the hours necessary to perform the services set forth in this agreement in an efficient and effective manner. Consultant may represent, perform services for and be employed by additional individuals or entities, in Consultant's sole discretion, as long as the performance of these extra-contractual services does not interfere with or presents a conflict with City's business. 46 2.02 TOOLS AND INSTRUMENTALITIES: Consultant shall provide all tools and instrumentalities to perform the services under this agreement. 47 2.03 WORKER'S COMPENSATION AND OTHER EMPLOYEE i BENEFITS: City and Consultant intend and agree that Consultant is an independent Consultant of City and agrees that Consultant and Consultant's employees and agents have no right to worker's compensation and other employee benefits. If any worker insurance protection is desired, Consultant agrees to provide worker's compensation and other employee benefits, where required by law, for Consultant's employees and agents. Consultant agrees to hold harmless and indemnify City for any and all claims arising out of any claim for injury, disability,or death of any of Consultant and Consultant's employees or agents. 2.04 INDEMNIFICATION: Consultant hereby agrees to, and shall, hold City, its elective and appointive boards, officers, agents and employees, harmless and shall defend the same from any liability for damage or claims for damage, or suits or actions at law or in equity which may allegedly arise from Consultant's or any of Consultant's employees agents' negligent operations, errors and omissions, be by Consultant or by any one or more persons directly or indirectly employed by, or acting as agent for, Consultant; provided as follows: a. That the City does not, and shall not, waive any rights against Consultant which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by City, or the deposit with City by Consultant, of any of the insurance policies hereinafter described. b. That the aforesaid hold-harmless agreement by Consultant shall apply to all damages and claims for damages of every kind suffered,or alleged to have been suffered, by reason of any of the aforesaid negligent operations of Consultant or any agent or employee of Consultant regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 2.05 INSURANCE: Consultant shall not commence work under this contract until she shall has obtained all insurance required under this section and such insurance shall have been approved by City as to form, amount and carrier: a. Public Liability and Property Damage Insurance. Consultant shall take out and maintain during the life of this contract such public liability and property damage insurance as shall protect City, its elective and appointive boards, officers, agents and employees, and Consultant and any agents and employees performing work covered by this contract from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from Consultant's or any subConsultant's operations under this contract, whether such operations be by Consultant or by anyone directly or indirectly employed by Consultant 16 and the amounts of such insurance shall be as follows: 48 (1) Comprehensive Automobile Liability. Bodily injury liability coverage of$ 50,000 for each person in any one accident, and $100,000 for injuries sustained by two or more persons in any one accident. Property damage liability of$50,000 for each accident. (2) Worker's Compensation Insurance. In the amounts required by law as set forth in Section 2.03, above. b. Deductibles and Self-Insured Retentions. Any deductible or self- insured retention must be declared to, and approved by, the City. The City may require that either the insurer reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected or appointed officials, employees, agents, or volunteers; or the Consultant shall procure a bond guaranteeing payment of all administration and legal expenses. C. Proof of Insurance. Consultant shall furnish City, concurrently with the execution hereof, with satisfactory proof of carriage if the insurance required, and adequate legal assurance that each carrier will give City at least thirty (30) days' prior notice of the cancellation of any policy during • the effective period of this contract. The certificate or policy of liability of insurance shall name City as an additional insured with the Consultant. 3:00 OBLIGATIONS OF CITY 3.01 COOPERATION: City agrees to comply with all reasonable requests of Consultant necessary to the performance of Consultant's duties under this agreement. 4:00 TERMINATION OF AGREEMENT 4.01 TERMINATION ON NOTICE: Notwithstanding any other provision of this agreement, at any time, without cause by giving at least thirty (30) days prior written notice to the other parties to this agreement. 4.02 TERMINATION ON OCCURRENCE OF STATED EVENTS: This agreement shall terminate automatically on the occurrence of any of the following events: (1) Bankruptcy or insolvency of any party; (2) Sale of the business of any party; (3) Death of any party; (4) The end of the thirty(30) days as set forth in Section 4.01; . (5) End of the contract to which Consultant's services were necessary; or 49 (6) Assignment of this agreement by Consultant without the consent of the City. 4.03 TERMINATION BY ANY PARTY FOR DEFAULT OF CONSULTANT: Should any party default in the performance of this agreement or materially breach any of its provisions, a non-breaching party, at their option, may terminate this agreement, immediately, by giving written notice of termination to the breaching party. 6:00 MISCELLANEOUS 6.01 REMEDIES: The remedies set forth in this agreement shall not be exclusive but shall be cumulative with, and in addition to , all remedies new or hereafter allowed by law or equity. 6.02 NO WAIVER: The waiver of any breach by any party of any provision of this agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of this agreement. 6.03 ASSIGNMENT: This agreement is specifically not assignable by Consultant to any person or entity. Any assignment or attempt to assign by Consultant, whether it be voluntary or involuntary, by operation of law or • otherwise, is void and is a material breach of this agreement giving rise to a right to terminate as set forth in Section 4.03. 6.04 ATTORNEY FEES: In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this agreement, or the breach thereof, the prevailing party shall be entitled, in addition to other such relief as may be granted, to a reasonable sum as and for attorney fees. 6.05 TIME FOR PERFORMANCE- Except as otherwise expressly provided for in this agreement, should the performance of any act required by this agreement to be performed by either party be prevented or delayed by reason by any act of God, strike, lockout, labor trouble, inability to secure materials, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period of time equivalent to the period of delay and performance of the act during the period of delay will be excused;provided, however, that nothing contained in this Section shall exclude the prompt payment by either party as required by this agreement or the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act. 6.06 NOTICES: Except as otherwise expressly provided by law, any7 and all notices or other communications required or permitted by this agreement or by law to be served on or given to any party to this agreement shall be in writing and shall be deemed duly served and given when personally delivered or in lieu of 50 • such personal service when deposited in the United States mail, first-class postage prepaid to the following address for each respective party: PARTY ADDRESS A. CITY OF ATASCADERO 6500 Palma Avenue Atascadero, CA 93422 Attention: (Department) B. KATHLEEN PENCE P.O. Box 1749 Paso Robles, CA 93447 6.07 GOVERNING LAW: This agreement and all matters relating to this agreement shall be governed by the laws of the State of California in force at the time any need for the interpretation of this agreement or any decision or holding concerning this agreement arises. 6.08 BINDING EFFECT: This agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this Section shall be construed as a consent by City • to any assignment of this agreement or any interest in this agreement. 6.09 SEVERABILITY: Should any provision of this agreement be held by a court of competent jurisdiction or by alegislative or rulemaking act to be either invalid, void or unenforceable,the remaining provisions of this agreement shall remain in full force and effect, unimpaired by the holding, legislation or rule. 6.10 SOLE AND ENTIRE AGREEMENT: This agreement constitutes the sole and entire agreement between the parties with respect to the subject matter hereof. This agreement correctly sets forth the obligations of the parties hereto to each other as of the sate of this agreement. All agreements or representations respecting the subject matter of this agreement not expressly set forth or referred' to in this agreement are null and void. 6.11 TIME: Time is expressly declared to be of the essence of this agreement. 6.12 DUE AUTHORITY: The parties hereby represent that the individuals executing this agreement are expressly authorized to do so on and in behalf of the parties. 6.13 CONSTRUCTION: The parties agree that each has had an opportunity to have their counsel review this agreement and that any rule of construction to is the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this agreement or any amendments of exhibits thereto. The captions of the sections are for convenience and reference only, and 51 are not intended to be construed to define or limit the provisions to which they relate. 6.14 AMENDMENTS: Amendments to this agreement shall be in writing and shall be made only with the mutual written consent of all of the parties to this agreement. Executed on , 200 , at Atascadero. Attest: CITY OF ATASCADERO By: Marcia Torgerson Wade G.McKinney City Clerk City Manager • Approved as to form: CONSULTANT BY: cl__ Roy Hanley Kath en Pence City Attorney Approved as to form: �G Rachelle Rickard Director of Administrative Services 52 Exhibit A CITY OF ATASCADERO FUNDING ADMINISTRATION AND PROJECT COORDINATION SERVICES DESCRIPTION OF SERVICES Funding Administration Services shall be performed in accordance with requirements set forth in the Caltrans Local Assistance Procedures Manual (LAPM), and Caltrans Local Programs Guidelines (LAPG). Consultant shall possess a thorough understanding of Caltrans procedures in order to provide the required documentation and obtain authorizations, approvals and certifications necessary to receive Federal-aid and/or State funds for the City's transportation projects. In general, services tobeprovided shall include: 1. Document preparation 2. Processing Agreements 3. Coordinating Field Review Meetings 4. Assistance with Environmental processing 5. Setting up project files in Caltrans format 6. Assuring Disadvantaged Business Enterprise (DBE) compliance on Federally-funded projects 7. Invoice preparation 8. Project Completion reports and accounting 9. Tracking of funding balances and deadlines 10. Coordination with local, State and Federal agencies Project Coordination Services require a working knowledge of project development, public agency procedures, budget, and scheduling constraints. Monthly project status reports and attendance at Monthly Status Meetings will be required. Specific responsibilities will vary with each project, as the need dictates. Tasks may include, but are not limited to the following: 1. Preparation of City Council Agenda Reports, Resolutions, Consultant Agreements; Change Orders, Progress and Final Pay Estimates, Notices of Award, Notices to Proceed, Notices of Completion, and miscellaneous correspondence as needed 2. Permits (Encroachment and Environmental) a. Prepare Applications b. Coordination with permitting agencies c. Assuring project compliance with permit provisions d. Tracking deadline dates and requesting extensions, as needed 3. Coordinate with Staff, Consultants, and Contractors to maintain project budget and schdule 4. Contract Documents and Specifications 5. Attend Bid Openings, check bids for compliance and accuracy, and prepare Bid Summary 53 - KATHLEEN PENCE PUBLIC AGENCY CONSULTANT SERVICES PO Box 1749 (805)237-0077 Paso Robles,CA 93447 Fax(805)237-0088 kapence@charter.net February 24,2004 CITY OF ATASCADERO Funding Administration and Project Coordination Services Bid No. 2004-003 COST PROPOSAL Services will be performed on a time and material basis. Hourly Rate: $65.00 per hour Materials and Outside Services will be charged at cost plus 10% • 54 ITEM NUMBER: A-5 DATE: 04/13/04 n 191$ 192'9 Atascadero City Council Staff Report Community Development Department Zone Change 2003-0076 Change of 0.15 Acres of Commercial Retail (CR) to Residential Multi-Family(RMF-10) Zoning District (5245 EI Camino Real/ Stan Sherwin) RECOMMENDATION: Council adopt on second reading, by title only, the draft Ordinance, enacting Zone Change 2003-0076 based on findings. • DISCUSSION: The project consists of an application for 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. On March 23, 2004, the City Council conducted a public hearing to consider the above- stated action consistent with the approved General Plan Amendment 2003-0011. FISCAL IMPACT: The project would have no impact on City revenues as the two proposed residential units replace two recently demolished residential units. ATTACHMENTS: Attachment 1: Draft Ordinance A 55 ITEM NUMBER: A-5 DATE: 04/13/04 Draft Ordinance A ZCH 2003-0038 Approval of Proposed Zoning Map Change DRAFT ORDINANCE A AN ORDINANCE OF THE ATASCADEROCITY COUNCIL APPROVING ZONE CHANGE 2003-00769 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 E1 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, 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, " 56 ITEM NUMBER: A-5 DATE: 04/13/04 WHEREAS,the City Council of the City of Atascadero, at a duly noticed Public Hearing held on Tuesday,March 23, 2004,studied and considered Zone Change 2003-0076, 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 Zone Change to the Official Zoning May of Atascadero from Commercial Retail to Residential Multi-Family District. The City Council finds as follows: 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. 2. The proposed zone change is compatible with existing development, neighborhoods and the environment. 3. The proposed zone change will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts. 4. The proposed zone change is consistent with the project-specific Mitigated Negative Declaration. SECTION 2.Approval. The Atascadero City Council, in a regular session assembled on March 23, 2004, hereby resolves to approve on second reading by title only an ordinance that would re-designate the subject site consistent with the following: 1. Exhibit A: Zone Change Amendment 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.. 57 ITEM NUMBER: A-5 DATE: 04/13/04 • On motion by Council Member and seconded by Council Member the foregoing Resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: George Luna,Mayor ATTEST: Marcia McClure Torgerson,C.M.C.,City Clerk APPROVED AS TO FORM: Roy A. Hanley, City Attorney i 58 ITEM NUMBER: A-5 DATE: 04/13/04 Exhibit A: Zone Change Map 2003-0038 13 �C 1 f y ,F Official Zoning Map Change APN 029-302-047 Existing Zone: CR Amended Zone: RMF-10 n 59 ITEM NUMBER: A-6 DATE: 04/13/04 ]XIM Z-70 CADS// Atascadero City Council Staff Report Community Development Department Single Family Planned Development Zone Change 2002-0036 7755 Navajoa Ave (Huckobey, Emrich) RECOMMENDATION: Council adopt on second reading, by title only, the draft Ordinance, enacting Zone Change Zone Change 2002-0036 based on findings. DISCUSSION: The project consists of an application for a zone change that would establish a Planned Development #7 overlay on the site subject to a master plan of development (CUP) allowing six (6) new single-family residences to be constructed on six individual parcels. On March 23, 2004, the City Council conducted a public hearing to consider the above- stated action consistent with the approved master plan of development. FISCAL IMPACT: The project would likely have a slight negative impact on City revenues. As a general rule, single-family dwelling require services that exceed the revenue generated by the dwelling. ATTACHMENTS: Attachment 1: Draft Ordinance A 60 ITEM NUMBER: A-6 DATE: 04/13/04 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 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, 61 ITEM NUMBER: A-6 DATE: 04/13/04 • WHEREAS the Atascadero City Council, at a Public Hearing held on March 23, 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 Change to the Official Zoning Mau 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 March 23, 2004, hereby resolves to approve on second reading by title only an ordinance that would re-designate the subject site consistent with the following: 1. Exhibit A: Zone Change Amendment 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. 62 ITEM NUMBER: A- 6 DATE: 04/13/04 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 63 ITEM NUMBER: A-6 DATE: 04/13/04 • Exhibit A: Zone Change Map ZCH 2002-0036 f i i Existing Zone: RMF-10 Proposed Zone: RMF-10/ PD-7 �L , 64 ITEM NUMBER A-7 DATE: 04/13/04 i 111179 I �9 Atascadero City Council Staff Report - Community Services Department Facility Use Agreement - Alvord Field Babe Ruth Baseball RECOMMENDATION: Council authorize the City Manager to execute a Facility Use Agreement with Atascadero Babe Ruth Baseball for the use and upkeep of Alvord Field. DISCUSSION: • Background: Atascadero Babe Ruth Baseball is the primary user of Alvord Baseball Field at Atascadero Lake Park annually from February through September. The Babe Ruth Baseball organization has been instrumental in the maintenance and upkeep of this baseball field for many years, and has taken an active roll in recent years in several improvement projects. In addition to assistance routine maintenance such as infield turf maintenance, Babe Ruth Baseball has spearheaded improvement project like the installation of new outfield fencing and annual infield turf renovations. Other users of Alvord Field include Atascadero High School, North County Christian School and the general public. The City of Atascadero and the Atascadero Babe Ruth Baseball organization have maintained Alvord Field through a partnership that has helped make this baseball field one of the finest in the area. This partnership has been a benefit to both the City and Babe Ruth. In 1999, the City of Atascadero and Babe Ruth Baseball entered into a three (3) year Facility Use Agreement in order to clarify responsibilities and to formalize their long-time rental arrangement. This previous agreement has expired and City staff and the Board of Directors for Babe Ruth Baseball are interested in revising and extending this previous Facility Use Agreement with some minor updates. Analysis: The previous Facility Use Agreement between the City of Atascadero and Babe Ruth Baseball was effective in clarifying the duties, responsibilities and obligations for each organization. Continued use of a similar agreement is desired by City staff. In addition, routine turnover of the volunteer board and coaches who provide the 65 ITEM NUMBER: A-7 DATE: 04/13/04 leadership for Babe Ruth Baseball, necessitates periodic review and update of these • Facility Use Agreements. The terms of this proposed agreement essentially extends priority use and storage for Babe Ruth Baseball for three (3) years in exchange for assistance with the maintenance and upkeep of Alvord Baseball Field. Conclusion: Staff feels that the continuance of the field use arrangement between the City of Atascadero and Babe Ruth Baseball meets the best interests of public regarding the use of this baseball field and requests that Council authorize the City Manager to execute a Facility Use Agreement with Atascadero Babe Ruth Baseball for the use and upkeep of Alvord Field: FISCAL IMPACT: Significant manpower savings to the City of Atascadero due to the assistance from Babe Ruth Baseball with the maintenance and electrical costs for the upkeep of Alvord Field. ALTERNATIVES: None. • ATTACHMENTS: Attachment #1- Draft Facility Use Agreement 66 AGREEMENT BETWEEN ATASCADERO BABE RUTH BASEBALL AND THE CITY OF ATASCADERO This Agreement is made and entered into this date by and between the City of Atascadero and Atascadero Babe Ruth Baseball for the maintenance, upkeep and use of Alvord Field Baseball field complex during the period from April 1,2004 until March 31,2007. 1. PARTIES 1.1 City 1.1.1 The City of Atascadero, Atascadero, California, whose mailing address for notice under the terms of this Agreement is as follows: City of Atascadero Attn: Director of Community Services 6500 Palma Avenue Atascadero, California 93422 1.2 Atascadero Babe Ruth BasebaW LESSEE • 1.2.1 Atascadero Babe Ruth Baseball, whose mailing address for notice under the terms of this Agreement is as follows: Atascadero Babe Ruth Baseball P.O.Box 595 Atascadero, California 93423 2. TERMS The term of this agreement shall begin on April 1, 2004. Subject to extension or sooner termination as hereinafter provided,this agreement shall continue for the term of three(3)years, with an option for 3 additional years upon mutual consent of both parties. 2.1 nhligationc of A ac adero Rahe Ruth Rasehall 2.1.1 Year-around priority use of Alvord Field Baseball field with the exception of Atascadero Unified School District. 2.1.2 Infield turf maintenance: Year-around aeration, fertilization,over-seeding and irrigation(including sprinkler head maintenance and watering efficiency), 4nd all associated costs. 2.1.3 Maintenance and repair of Alvord concession stand and storage buildings (structural, electrical,plumbing, etc.) • 2.1.4 Secure and fund annually, a lift truck for field light replacement. 2.1.5 Year-around Infield dirt maintenance, including base pegs. 2.1.6 Routine Custodial maintenance of the Snack Bar and Storage Room. AGREEMENT BETWEEN THE CITY OF ATASCADERO 1 AND ATASCADERO BABE RUTH BASEBALL 67 2.1.7 Atascadero Babe Ruth Baseball shall have the opportunity to generate rental income from other party rentals from February l S`through September 1 st. Rental income from Alvord Field may be generated by Babe Ruth under the following conditions: • A. Only established fee schedules adopted by the City of Atascadero will be used. B. No fees will be charged to the Atascadero Unified School District or the City of Atascadero or any other organization that qualifies for a fee waiver under the City's Facility Use Guidelines. 2.1.8 Remove all trashand litter from the playing field and parking lot areas and place in the trash receptacles provided after any field use. Direct teams to pick up trash immediately following all games,practices and other uses of the facility. 2.1.9 Prohibit and enforce the"No hitting into the fence"rule. 2.1.10 Immediately report any facility damage or vandalism to the City of Atascadero. 2.1.11 Limit restroom/snack-bar facility key distribution to coaches, board members and key concessions personnel only. 2.1.12 Abide by,promote and enforce the tenants of the Atascadero Youth Sportsmanship Proclamation. (Attached) 2.1.13 During the priority use period,February 1St through September 1St,Atascadero Babe Ruth Baseball will coordinate scheduling of the Alvord Field. Atascadero Babe Ruth Baseball will maintain a signup calendar and schedule the use of Alvord Field for all organizations that satisfy the City of Atascadero insurance and indemnification requirements. 2.1.14 All signs must be maintained in a professional,presentable fashion. The City of Atascadero reserves the right to remove any or all signs at anytime, with or without reason. • 2.1.15 Arrange for the Babe Ruth Field Coordinator to attend an on-site meeting with a City of Atascadero representative to discuss field maintenance issues. 2.1.16 Babe Ruth Baseball will request any desired field improvements in writing, in advance for consideration by the City of Atascadero. 2.2 Obligations of the City of Atasradero 2.2.1 Extend second priority use,behind Atascadero Unified School District, of Alvord Field to Atascadero Babe Ruth Baseball, free of charge, from February 1 st until September 1st each year. 2.2.2 Extend year-around exclusive use of the Concessions building at Alvord Field to Atascadero Babe Ruth Baseball, free of charge, for the purposes of operating a concessions stand. 2.2.3 Pay utilities for Alvord field,limited to water and gas. 2.2.4 Provide year-around outfield mowing. Aeration, fertilizing and over-seeding when necessary. 2.2.5 Provide perimeter weeding and spraying of pre-emergent herbicide, including fence lines . 2.2.6 Complete routine facility repairs to out field irrigation systems, bleachers,fencing, gates, etc. 2.2.7 Empty Trash cans 2.2.8 Promote Atascadero Babe,Ruth Baseball annual sign-ups in the Atascadero Recreation Activity Guide. AGREEMENT BETWEEN THE CITY OF ATASCADERO AND ATASCADERO BABE RUTH BASEBALL 2 68 2.2.9 Allow Atascadero Babe Ruth Baseball to place a storage building and Batting Cages at Atascadero Lake Park in locations determined by City staff. 2.2.10 Tree Trimming • 2.2.11 Purchase of light bulbs for field lights to be furnished to Babe Ruth Baseball for installation. 2.2.12 Extend priority use of Alvord Field for Atascadero Babe Ruth Baseball over all other organizations except the Atascadero Unified School District and the City of Atascadero. 2.2.13 Any fees collected by the City of Atascadero for the use of lights will be paid to Babe Ruth Baseball. 3. INDEMNIFICATION Atascadero Babe Ruth Baseball hereby agrees to, and shall, hold City, its elective and appointive boards, officers, agents and employees, harmless and shall defend the same from any liability for damage or claims for damage,or suits or actions at law or in equity which may allegedly arise from Atascadero Babe Ruth Baseball or any of Atascadero Babe Ruth Baseball's employees' or agents' negligent operations or failure to perform under this agreement, whether such operations be by Atascadero Babe Ruth Baseball or by any one or more persons directly or indirectly employed by, or acting as agent for Atascadero Babe Ruth Baseball. 4. INSURANCE: Atascadero Babe Ruth Baseball shall not commence its services under this agreement until they have obtained all insurance required under this section and such insurance shall have been approved by City as to form, amount and carrier: x a. Puhlic Liahility and Prnnerty Damage Tnsurance- Atascadero Babe Ruth Baseball shall take out and maintain during the life of this contract such public liability and property damage insurance as shall protect City, its elective and appointive boards, officers, agents and employees, and Contractor and any agents and employees performing work covered by this contract from claims for damages for personal injury, including death,as well as from claims for property damage which may arise from Contractor's or any subcontractor's operations under this contract, whether such operations be by Contractor or by anyone directly or indirectly employed by contractor and the amounts of such insurance shall be as follows: (1) Public,I.ishility Insurance_ In an amount not less than $1,000,000-00 for injuries, including, but not limited to death to any one person and, subject to the same limit for each person, in an amount not less than$500,000.00 on account of any one occurrence; (2) Prn�rty Damage Insurance_ In an amount of not less than $ 500,000-00 for damage to the property of each person on account of any one occurrence. • b. Pronf of Insurance_ Atascadero Babe Ruth Baseball shall furnish City,concurrently with the execution AGREEMENT BETWEEN THE CITY OF ATASCADERO 3 AND ATASCADERO BABE RUTH BASEBALL 69 hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give City at least thirty (3 0) days' prior notice of the cancellation of any policy during the effective period of this contract. The certificate or policy of liability of insurance shall name City as an additional_ insured • with the Atascadero Babe Ruth Baseball. 5. TERMINATION QF AGRFFMFNT 5.01 TER MINA TTC)N of NoTTC'F Notwithstanding any other provision of this agreement, any party hereto may terminate this agreement, at any time, without cause by giving at least( days prior written notice to the other parties to this agreement. 5.02 TF.RMTNATTC)N C)N C)00TTRRFXTrR nF 4TATFl� FVFNTC This agreement shall terminate automatically on the occurrence of any of the following events: (1) Bankruptcy or insolvency of any party; (2) The end of the M days as set forth in Section 4.01; (3) End of the contract to which Atascadero Babe Ruth Baseball services were necessary; or (4) Assignment of this agreement by Atascadero Babe Ruth Baseball without the consent of the City. 5.03 TERMINATION BY ANY PARTY Fog T)FFATTT T Should any party default in the performance of this agreement or materially breach any of its provisions, a non-breaching party, at their option, may terminate this agreement, immediately, by giving written notice of termination to the breaching party. 5.04. TF.RMTNATTON This agreement shall terminate on March 31,E unless extended as set forth in this Section. The City, with the agreement of the Atascadero Babe Ruth Baseball, is authorized to extend the term of this agreement beyond the termination date, as needed, under the same terms and conditions set forth in this agreement. Any such extension shall be in writing and be an amendment to this agreement. 6. NON-EMPLOYMENT STATUS, It is understood and agreed by the parties hereto that Atascadero Babe Ruth Baseball, while engaged in operation of the program(s) described herein and complying with the terms of this agreement, is and shall act as an independent contractor and is not an officer, agent or employee of the City,and officers,employees and agents of Atascadero Babe Ruth Baseball are not entitled to any of the benefits of City employees. 7. ASSIGNMENT Atascadero Babe Ruth Baseball shall not assign this agreement or any part thereof without the prior written consent of the City Administrator. 8. ALTERATIONS 3 AGREEMENT BETWEEN THE CITY OF ATASCADERO 4 AND ATASCADERO BABE RUTH BASEBALL 70 8.01 Any alterations, additions, improvements or changes, that Atascadero Babe Ruth Baseball may desire to make to the premises, shall be made at the LESSEE's sole cost and expense and in compliance with all applicable governmental requirements. All such alterations 'and/or improvements shall be made only after first submitting the plans and specifications thereof to the City and obtaining the consent of the City in writing. Any such alterations or improvements shall at once become a part of the leased premises and, unless the City exercises its right to require the LESSEE to remove any alterations that the LESSEE has made to the premises, shall be surrendered to the City upon the expiration or sooner termination of the agreement. 8.02 If the City elects to exercise its right to terminate this agreement prior to the termination date established here within, the City will reimburse Atascadero Babe Ruth Baseball for x,11 direct expenses of materials related to approved alterations and improvements, not including labor costs or the value of volunteer labor. Records and receipts shall be required for reimbursements. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth opposite their respective names. CITY OF ATASCADERO Date: WADE MCKINNEY, City Manager ATASCADERO BABE RUTH BASEBALL Date: President, A c ero Babe Rojh Baseball ATTEST: Date: MARCIA TORGERSON, City Clerk APPROVED AS TO CONTENT: Date: BRADY CHERRY, Director of Community Services 1 APPROVED AS TO FORM: Date: ROY HANELY, City Attorney AGREEMENT BETWEEN THE CITY OF ATASCADERO 5 AND ATASCADERO BABE RUTH BASEBALL 71 ITEM NUMBER: A-8 DATE: 04/13/04 �9ia � X87 ftD � Atascadero City Council Staff Report Community Services Department Atascadero Lake Boat Concessions Agreement Extension RECOMMENDATION: Council authorize the City Manager to execute an Amendment Il extending the Agreement with Lloyd Reeves the Atascadero Lake Boat Rental Concessions Agreement one additional year. DISCUSSION: i Background: Lloyd Reeves, owner and operator of Atascadero Kayak and Sail has requested that the City of Atascadero extend by one additional year, the agreement for boat rental concessions at Atascadero Lake. M Prior to entering into the current agreement with Mr. Reeves, the City operated a much more limited rental operation of paddleboats only.Atascadero Kayak and Sail has been a reliable concessionaire and has provided the City of Atascadero with a steady source of income from this concession arrangement. The current financial conditions of this lease agreement require the Concessionaire to pay the City $2,500.00 per year plus 9% of gross sales in exchange for the concessions rights. The terms of the existing agreement would remain the same during the one-year extension. Analysis: Concessionaire, Lloyd Reeves has consistently made improvements and additions to the boat rental operation at Atascadero Lake and has been very cooperative in his dealings with City staff and the public. This public/ private partnership has provided a leisure service to the residents of Atascadero and provided rental income to the City of Atascadero, Conclusion: Staff recommends that the City Council authorize the City Manager to execute an Amendment to the extending Agreement with Lloyd Reeves the Atascadero Lake Boat Rental Concessions Agreement one additional year. • 72 ITEM NUMBER: A-8 DATE: 04/13/04 FISCAL IMPACT: Approval of the proposed extension to the existing concessions agreement will generate $2,500.00 per year plus 9% of gross sales for the City of Atascadero. ALTERNATIVES: None. ATTACHMENTS: Attachment #1: Amendment Il extending the terms of the Atascadero Lake Boat Rental Concessions Agreement with Lloyd Reeves Attachment#2: Current Atascadero Lake Boat Rental Concessions Agreement with Lloyd Reeves • 73 ITEM NUMBER: A-8 DATE: 04/13/04 AMENDMENTII The City of Atascadero hereby amends Section 4.04 of the lease assigned to Lloyd Reeves for the lease of premises and operation of an equipment rental concession at Atascadero Lake Park. This amendment extends the terms of the agreement one (1) additional year. Rental consideration by the Contractor during the two additional years, except where specified otherwise, will be determined at the same rate as the final year of the original agreement, $2,500.00 per year and 9% of gross receipts. The Agreement shall terminate on December 31st, 2004, unless otherwise extended or terminated by provisions of the agreement. The contract is attached hereto as an exhibit and included as though fully set forth herein. PARTY ADDRESS A. CITY OF ATASCADERO 6500 Palma Avenue Atascadero, CA 93422 Attention: (Public Works Department) B. Lloyd Reeves Atascadero Kayak and Sail' P. O. Box 689 Atascadero CA 93423 Executed on , 2004, at Atascadero, • ATTEST: CITY OF ATASCADERO By: Marcia McClure Torgerson Wade McKinney City Clerk Mayor APPROVED AS TO FORM: By: Roy A. Hanley Lloyd Reeves City Attorney Contractor APPROVED AS TO FORM: Rachelle Rickard Administrative Services Director • 1 74 J AMENDMENT The City of Atascadero hereby amends Section 4.04 of the lease assigned to Lloyd Reeves for the lease of premises and operation of an equipment rental concession at Atascadero Lake Park. This amendment extends the terms of the agreement two (2) additional years. Rental consideration by the Contractor during the two additional years, except where specified. otherwise, will be determined at the same rate as the final year of the original agreement, $2,500.00 per year and 9% of gross receipts. The Agreement shall terminate on December 31St, 2003, unless otherwise extended or terminated by provisions of the agreement. The contract is attached hereto as an exhibit and included as though fully set forth herein. PARTY ADDRESS A. CITY OF ATASCADERO 6500 Palma Avenue Atascadero, CA 93422 Attention: (Public Works Department) B. _Lloyd Reeves 699 Embarcadero #9 Morro Bay CA 93442 Executed on 3 - Z lG ,2002, at Atascadero, ATTEST: CITY OF ATA • SCADERO � 'Z �� By: YV� _Marcia McClure torgerson Wade McKinney_ City Clerk-� P C i i%l Y12an a t� APPROVED AS TO FORM: B *b . nle y�yLloyd Reeves ey` Contractor APPROVED AS TO FORM: Rachelle Rickard Administrative Services Director 75 1 Contract No. 97010 AGREEMENT FOR SERVICES BY CONTRACTOR PADDLE BOAT, WATERCRAFT AND RECREATIONAL EQUIPMENT CONCESSION OPERATION AT ATASCADERO FAKE PARR APRIL 26, 1997 DECEMBER 31, 2001 This agreement is made upon the date of execution, as set forth below, by and between "BEACH CYCLE RENTALS OF PISMO BEACH" hereinafter referred to as- "Contractor" , and the. City of Atascadero, California, a- Municipal Corporation, hereinafter referred to as "City. " The parties hereto, in consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions: 1.00 GENERAL PROVISIONS 1.01 TERM: This agreement will become effective on the date of execution set forth below, and will continue in effect until terminated as provided herein. 1.02 SERVICES TO BE PERFORMED BY CONTRACTOR: Contractor agrees to perform or provide the services specified in • "Description of Services attached hereto as "Exhibit A" hereby incorporated herein. Contractor shall determine the method, details and means of performing the above-referenced services. Contractor may, at Contractor's own expense, employ such assistants as Contractor deems necessary to perform the services required of Contractor by this agreement. City xray not control, direct or supervise Contractor's assistants or employees in the performance of those services. 1 . 03 RENT/ PERCENTAGE OF GROSS SALES RECEIPTS: In consideration for the terms of this agreement, the contractor will pay the City an annual flat fee and percent of the total gross earnings monthly of all monies from sales received- by the Contractor from the use of the equipment and Premises described in this contract. The annual flat fee and percentage will be paid according to the "Exhibit B" . Gross earnings shall not include any sales or excise taxes imposed by any governmental entity. Payment to the City of Atascadero of the monthly flat fee payment and the percentage gross of earnings. received shall be made by the tenth (10th) day of each month. Payments are • required to be submitted to the City of Atascadero, Department of Community Services, Room 107, At-ascadero, California (Attention: Geoff English, Recreation Supervisor) . 054 76 . Payments received - from the tenth (10th) of each month to the . ' twenty-fifth (25th) of each month shall be considered delinquent and assessed a ten percent penalty. Payments received after .the twenty-fifth (25th) of each month shall be assessed an additional ten percent (10%) penalty. Failure by the Contractor to tender payment to the' Ci.ty within thirty (30) days of any payment so due, shall be ' sufficient cause for the City to terminate this" agreement. 1.04 LOCATION: Premises of operations is the boat docks located adjacent to Atascadero Lake in Atascadero Lake Park, 9315 Pismo Avenue, Atascadero, California. 1.05 SUBLEASE: Contractor shall not sublease or otherwise convey any interest of any sort granted by this agreement to any -person or persons whatsoever without prior written - consent- and approval by the City, 1 . 06 RECORDS AND ACCOUNTS: Contractor shall keep true and accurate books and records showing all of its business transactions in separate records of account for the concession operation, in a manner acceptable to 'the City. . the City shall have- the right, through its representatives, • and at all reasonable times, to inspect such books and records, including State of California sales tax records. The City may require Contractor, at his expense, to have his records and accounts audited by an auditor acceptable to the City and shall present said audit 'to the Director of Administrative Services within thirty (30) days after the completion of the audit. If Contractor fails to provide the required audit, the City shall contract to have an audit performed at the Contractor's expense. 1. 07 CONDITIONS OF PREMISES: The taking of possession of the subject premises by Contractor shall, in itself, constitute acknowledgement that the premises are in good and tenantable condition. Contractor agrees to accept said premises in the present existing condition, as is�� and the additions, or betterments thereto. Contractor may construct or modify the said premises with Prior written approval by the Director (or designee) of the Department of Community Services . Any plans for such . construction, if applicable shall be submitted to the City for approval. Such construction or modification shall be Without cost to the City. 77 2 1.08. SIGNAGE: All signs, names or placards 'shall be approved by the Department of Community Services prior to installation.- All signs must meet all requirements and specifications as set forth by the City.' 1 . 09 . DAMAGE TO/DESTRUCTION OF PREMISES Should the subject premises or the building and other improvements in which the subject premises are situated be totally or partially damaged or destroyed, the City shall promptly repair the same, except that the City shall have the option to. terminate this Agreement if (a) the subject premises or the building and improvements in which the promises are situated cannot reasonably be expected to be restored under existing law to substantially the same condition as existed prior to such damage or destruction within ninety (90) days from the date that the insurance proceeds become available to the City; or (b) if the costs of such restoration would exceed one-half (1/2) of the full insured value of the building. and other improvements in which the subject premises are situated; or (c) if the damage or destruction results from a casualty not customarily insured against by a policy of standard fire and extended coverage insurance having vandalism and malicious mischief endorsements. Any notice • of termination given here shall be given. to Contractor with fifteen ( 15) days after City determines the period of time required for and the estimated cost of such repair or restoration. 2.00 OBLIGATIONS OF CONTRACTOR 2 . 01 MINIMUM AMOUNT OF SERVICE BY CONTRACTOR: Contractor agrees to devote the hours necessary to perform the services set forth in this agreement in an efficient and effective manner. Contractor may represent, perform services for and be .employed by additional individuals or entities, in Con- tractor's_sole discretion, as long as the performance of these extra-contractual services -does not interfere with or presents.. a conflict with City's business. - 2 . 02 HOURS OF OPERATION: Hours of operation to be established by Contractor upon mutual agreement with the Director (or designee) of the Department of Community Services . 2 . 03 PERMITS: Contractor is required to provide City, prior to commencement of operation of concession, a copy of a City Business License and a Board of Equalization Certificate. 2 . 04 TAXES: Contractor agrees to pay all lawful taxes, assessments or charges which may be levied by government entities. 3 �X78 • 2.os EQUIPMENT Contractor, at his - own expense, shall completely equip the concession and keep all equipment in a ' good repair and in safe operating condition in a manner to satisfy of the Department of Community Services throughout the term of this contract. Daily inspections of the- contractors equipment must be maintained. and-available for review upon request of the City of Atascadero. Contractor shall have a right to *use five (5) City owned paddle boats and floating dock area. In addition, the Contractor shall have the right to use a fenced cemented- area directly in front of the floating dock area. 2 .06 UALITY OF SERVICE/CONTRnTI�?D RATES AND CHARGES The City has the right to inspect and schedule the prices and rates of goods sold upon the subject premises. The City reserves the_ right _to prohibit the sale of any item which it deems objectionable or beyond the scope of merchandise/ deemed necessary for proper service to the public. Contractor shall post rates and prices of all items in such places as designated by the City. 2 .07 SECURITY / COMMUNICATIONS The contractor agrees to Provide telephone and security alarm services to concession throughout the duration of this contract at contractor's expense_ 2 . 08 . TOOLS AND INSTRUMENTALITIES: Contractor shall provide all tools and instrumentalities to perform the services under this agreement 2 . 09 WORKER'S COMPENSATION AND OTHER EMPLOYEE BENEFITS: City and Contractor intend and agree that Contractor is an independent contractor of City and agrees that Contractor and Contractor's employees and agents has no right to work- er's compensation and other employee benefit. If any% worker insurance_protection is desired, Contractor. agrees to .provide worker's compensation and other employee benefits, where required by law, for Contractor's employees and agents . Contractor agrees to hold harmless and indemnify City for any and all claims arising out of any claim for injury, disability, or death of any of Contractor and Con- tractor's employees or agents. 2. 10 INDEMNIFICATION: Contractor hereby agrees to, and shall, hold City, its elective and appointive boards, of- ficers, agents and employees, harmless and shall defend the same from any liability for damage or claims for damage, or • suits or actions at law or in equity which may allegedly arise from Contractor's or, any 'of Contractor's employees' or agents' operations under this agreement, whether such opera _ 4 f57 0 x'79 tions be by Contractor or by any one or more persons direct- ly or indirectly employed by, or acting as agent for, Con- tractor; provided as follows a• That the City does not, and shall not, waive any rights against Contractor .which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by City, or the deposit with City by Contractor, of any of the insurance policies hereinafter described. b.. That the aforesaid hold-harmless agreement by Contractor shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of Contractor or any agent or employee of Contractor regardless of whether or not such insurance policies shall have been determined to be applicable to' any -of such damages or claims for damages. 2 . 11 INSURANCE: Contractor shall not commence work under this contract until s/he shall have obtained all insurance required under this section and such insurance shall have • been approved by City as to form, amount and carrier: a• Public Liability and Property Damage Insurance Contractor shall take out and maintain during the life of this contract such public liability and property damage insurance as shall protect City, its elective and appointive boards, officers, agents and employees, and Contractor .and any agents and employees performing work covered by this contract from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from Contractor's or any subcontractor's operations under this *contract, whether such operations be by Contractor -or by anyone directly or indirectly employed by Contractor, the amounts of such insurance shall be as. follows : ( 1) Public Liability Insurance. In an amount not less than $500,000 per injury, including, but not limited to death to any one person and, subject to the same limit for each person, in an amount not less than $1,000,000 on account of any one occurrence; (2 ) Property Damage Insurance. In an amount of not less than $50,000 for damage to the property of each person on account of any one occurrence. 5 15.8 0 (3) Comprehensive Automobile Liability Bodily injury liabty coverage of $5o0,000. for each person in any one accident and $1,000,000 for injuries sustained by two' or more persons in any one accident. Property damage liability of $50,000 for each accident. •(4 ) Worker's Compensation insurance In the amounts required by law, if applicable b PROOF OF INSURANCE. Contractor shall furnish City, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give City at least thirty (30) days' priornoticeof the cancellation of any policy during the effective period of this contract. The certificate or policy of liability- of insurance shall name City as an additional insured with the Contractor. 2 . 12 CONTRACTOR'S MAINTENANCE: Except as otherwise provided in this Agreement, Contractor, at its own cost and expense agrees: a To maintain throughout the agreement term in good sanitary order, condition, and repair, all Portions of the leased premises, including, without limitation, (a) the five (5) City-owned paddle boats, the floating dock area and the fenced, cemented area directly in front of the floating dock (b) any personal property of the Contractor situated in or upon the subject premises; b To notify the City promptly of any damage to the. subject premises , situated resulting from- or attributable to the acts or omissions of the _ Contractor, its invitees or its authorized representatives, and thereafter promptly to repair all such damage at Contractor's sole cost and expense. C. Contractor waives the provisions of Section 1941 and 1942 of the California Civil Code with respect to Contractor's right to make repairs and to deduct the expenses thereof from the monthly payment payable by the Contractor. 2. 13 UTILITIES Contractor shallutilities ' r pay the actual , including water, gas, and heat, Light and power supplied to the subject premises. There are customary and reasonable 81 6 059 7 is charges one would expect to pay for these *services.- The contractor agrees to pay their fair share of all utilities including water, gas, heat,' -light and power supplied. to subject premises, based on the percentage of square feet of subject premises compared-with the utility charges for' the entire building site, up to a maximum charge of $200.00 per month. The charges will -be billed to the Contractor monthly, and payable to the City of Atascadero. Contractor shall make all arrangements for and pay the charges when due for telephone service. The suspension or interruption in utility service to the leased premises for reasons beyond the ability of City to control shall not constitute a default by City or entitle Contractor to any reduction or abatement of the monthly payment due to the City. 3.00 OBLIGATIONS OF CITY 3 . 01 COOPERATION: City agrees to comply with all reasonable requests of Contractor necessary to the performance of Contractor's duties under this agreement. 3 . 02 PLACE OF WORK: City 'agrees to furnish the use of the floating docks located in Atascadero Lake Park use by the Contractor while performing the services described within this contract. 4.00 TERMINATION OF AGREEMENT 4 . 01. TERMINATION ON 'NOTICE: Notwithstanding any other pro® vision of this agreement, any party hereto may terminate this agreement, at any time, without cause by giving at least thirty (30 ) days prior written notice to the other parties to this agreement. 4 . 02 TERMINATION ON OCCURRENCE OF STATED EVENTS: This agreement shall terminate automatically on the occurrence of any of the following events ( 1) Bankruptcy or insolvency of any party; (2) Sale of the business of any party; (3) Death of any party; (4) The end of the thirty (30) days as set forth in this agreement (5) End of the contract to which Contractor's services were necessary; or (6) Assignment of this agreement by Contractor -without the consent of the City. 0 $7 4 • .03 TERMINATION BF d y ANY PARTY FOR DEFAIILT OCONTRACTOR: Shoulany party default in the perree- formance of this a ment or .materially breach any of its provisions, anon- breaching party, at their option, may terminate this agree ment, immediately, by giving written notice of termination to the breaching party. 4 .04 TERMINATION This Agreement shall terminate on Decmeber 31, 2001, unless extended as set forth in .this Section. The City, with the agreementof the Contractor, is authorized to extend the term if this-Agreement beyond the termination date, as needed, under the same terms and condi- tions set forth in this Agreement. Any such extension shall be in writing and -be an amendment to this Agreement. 4 . 05 REMOVAL OF ALTERATIONS City, by giving written notice to Contractor within thirty (30) days before the expiration or termination of the agreement, may elect to require _ Contractor, at its sole cost and expense, to remove the alterations specified by City in its notice, and' shall make such repairs necessitated by the removal of said alterations, and any damage resulting therefrom, 'as may be necessary to restore the subject premises to , good condition and repair, excepting only reasonable wear and. tear, before the last day of the lease term or within thirty (30) days of • the City's notice. This stipulation will' not affect any improvements agreed to by the Director of Community Services, as described in Section 1.07 of this agreement. 5-00 MISCELLANEOUS 5 . 01 REMEDIES: The remedies set forth in this agreement shall not be exclusive but shall be cumulative with, and in addition to, all remedies now or hereafter allowed by law or equity. 5 .an NO WAIVER: The waiver of any breach by any party of any provision of this agreement shall not constitute a con- tinuing waiver ora waiver of any subsequent breach of this agreement. 5 . 03 ASSIGNMENT: This agreement is specifically not assignable by Contractor to any person or entity. Any assignment or attempt to assign by Contractor, whether it be voluntary or involuntary, by operation of law or otherwise, is void and is a material breach of this agreement giving rise to a right to terminate as set forth in Section 4 .03. 5 . 04 ATTORNEY FEES In the event of any .controversy, claim or. dispute between the parties hereto, arising out of or relating to this agreement, or the breach thereof, the pre- vailing party shall be entitled, in addition to other such 8 83 l relief as may be granted, to a reasonable sum as and for attorney fees. 5 . 05 TIME FOR PERFORMANCE: Except as otherwise expressly provided for in this -agreement, should the performance of any act required by this agreement to be perforined by'either party be prevented .or delayed by reason by any act of God, strike, lockout, labor trouble, inability to secure materials, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period of time equivalent to the period of delay and performance of the act during the period of delay will be excused; pro- vided, however, that nothing contained in this Section shall exclude the prompt payment by either party as required by - this agreement or the performance of any act rendered dif- ficult or impossible solely because of the financial condi- tion of -the party required to perform the act. 5 .06 NOTICES: Except as otherwise expressly provided by law, any and all notices or other communications -required or permitted by this agreement or by law to be served on or given to any party to this agreement shall be in writing and • shall be deemed duly served and given when personally deliv- ered or' in lieu of such personal service when deposited in the -United States mail, first-class postage prepaid to the following address for each respective party: PARTY ADDRESS A• CITY OF ATASCADERO 6500 Palma Avenue Department of Atascadero, CA. 93422 Community Services Attention: Recreation Supervisor (805) 461-5003 / 461-5002 B• CONTRACTOR e BEACH CYCLE RENTALS 150 Hinds Avenue Pismo Beach CA 93449 Attention: Bill Rabenaldt (805) 773-5518 5 . 07 GOVERNING LAW: This agreement and all matters • relating to this agreement shall be governed by the laws of the State of California in force at the time any need for the interpretation of this agreement or any decision or holding concerning this agreement arises. 62 9 84 and BINDING EFFECT: This agreement shall be binding on and shall inure to the benefit of the heirs, executors ad- ministrators, successors and assigns of the parties hereto but nothing in this Section shall be construed as a consent by City to any assignment of this agreement or any interest in this agreement. 5.09 SEVERpgILITY: Should an - y provision of this agreement be held b y a court of competent jurisdiction or by a legis- lative or rule making act to be either invalid, void or unenforceable, the remaining provisions of this agreement shall- remain in full force and effect, unimpaired-bthe holding, legislation or rule. �' 5. 10 SOLE AND ENTIRE AGREEMENT: Thi the sole and entire agreement betweensthereement parti.esCwithitutes respect to the subject matter hereof. his correctly sets forth the obligations of the partiesnhereto to each other as of the date of this agreement. All agreements or representations respecting the subject matter of this agreement not expressly set forth or referred to in this agreement are null and void. 5. 11 TIME: Time is expressly declared to be of' the` essence of this agreement. • 5 . 12 DUE AUTHORITY: The parties hereby represent that the individuals executing this agreement are expressly authorized to do so on and in behalf of the parties. 5 . 13 CONSTRUCTION: The parties agree that each has had an Opportunity to have their counsel review this agreement and that any rule to the effect that ambiguities are to be resolved against the .drafting shall not apply in the interpretation of this agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only, construed- to define or limit theaprovisions tond are not twhied ch they . relate 5. 14 AMENDMENTS: Amendments to this agreement shall be made only with the mutual written consent of all of the parties to this .agreement. 85 10 . Executed on April 8 1997 , at Atascadero, California. Attest: TYa. DERO By• MARCI. `.CORN city-clerk Mayor Approved as to form: "Attorney CONTRACTOR 11 F886. i EXHIBIT A . PROFESSIONAL SERVICES TO BE PERFORMED By CONTRACTOR Contractor shall provide consultation and Professional e services to City as follows onal mana g ment The Contractor shall utilize said premises for the following g A. Premises shall be used for the purpose of rentingaddle boats, appropriate watercraft, bicycles and othep mutually agreed upon recreational equipment. B. Furnish and install at his own expense, all necessary equipment required for proper service to the general public. C. The storage and service thereof shall be in an area approved by the Director of Community Services. D. Furnish and maintain proper facilities, equipment and devices for the concession as herein provided. �• Operate the facility in a business-like manner to the satisfaction of the Department of Community Services, and maintain said areas in conformance with the highest standards of health and safety for patrons of said operation. _ F. All items to be sold shall be approved by the Department of Community Services. No food or beverages may besold. C= \WP5I\CNTRCTS\NCIINC96 .LEA - • 87 1 • EXHIBIT B _ CONTRACTOR PAYMENT SCHEDULE Contractor will pay—the City Annually YEAR FLAT FEE PERCENTAGE OF GROSS RECEIPTS 1997 $ 21000:00. 5` 1998 $ 2,500.00 6 $ 1999 $ 2,500. 00 7 g 2000 $ 2,500.00 8 g 2001 $ 2,500.00 9 C: \WP51\CNTRCTS\NCIINC96.LEA • e 88 ITEM NUMBER: B-1 DATE: 04/13/04 iiia ie tascadero City Council Staff Report Community Development Department Single Family Planned Development Zone Change 2003-0065, Master Plan of Development (CUP 2003-0113)9 Vesting Tentative Tract Map 2003-0038 (Rosario, Olmeda Ave/Madruga) RECOMMENDATIONS: Planning Commission Recommends: Council: 1. Adopt Resolution A certifying Proposed Mitigated Negative Declaration 2004- 0006; and, • 2. Introduce for first reading, by title only, draft Ordinance A approving Zone Change 2003-0065 based on findings; and, 3. Adopt draft Resolution B approving the Master Plan of Development (CUP 2003- 0113) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 4. Adopt draft Resolution C approving Vesting Tentative Tract Map 2003-0038 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 would establish a Planned Development#7 overlay on the site subject to a master plan of development (CUP) that would allow four (4) new single-family residences to be constructed, and one existing residence to remain, on five individual parcels. The project is subject to architectural, landscape, and site design standards. • 89 ITEM NUMBER: B- 1 DATE: 04/13/04 Situation a on and Facts: 1. Applicant/ Representative: Rodney Madruga 5495 Olmeda Ave, Atascadero, CA 93422 2. ,Project Address: 5680 Rosario Ave/5495 Olmeda Ave, Atascadero, CA 93422 (APN 029-292-044, 017) 3. General Plan Designation: General Plan Designation: Medium-Density Residential (10 units/acre) 4. Zoning District: RMF-10 (Residential Multiple Family) 5. Site Area: 0.65 acre gross 6. Existing Use: Vacant/Single-family Residence 7. Environmental Status: Proposed Mitigated Negative Declaration 2004-0006 DISCUSSION: Background: On March 16, 2004, 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. Project Definition: The proposed project consists of four new single-family homes and one existing home located on individual lots that will be developed under the requirements of the PD-7 overlay district within the RMF-10 (Residential Multi-Family) zoning district. The new homes will range between 1,100-1,230 square feet in living area. Each new home will also include a 420 square foot attached 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 requirements as described in the summary table below. 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, independent of Council action. 90 ITEM NUMBER: B- 1 DATE: 04/13/04 { Project Summary Table ma i!I!111�1 Lot Area 4354 sf 3999 sf 3675 sf 3563 sf "82 Building Footprint 1 1 21 sf 947 sf 947 sf 10 1 4 sf (not to exceed 35%) 25% 24% 26% 28% 23% Landscaped Area 2133 sf 1669 sf 1537 sf 1855 sf 6400 sf (minimum 40%) 49% 42% 42% 52% 52% Covered Parking 2 spaces 2 spaces 2 spaces 2 spaces 2 spaces Guest Parking 2 spaces 2 spaces 2 spaces 1 spaces 2 spaces Lower Living Area 528 455 455 528 2382 Upper Living Area 1 7091 6441 6441 709 0 Existing Setting; Projects Site: North: Multi-family Residential Olmeda/Rosario A South: Multi-family Residential • 1 East: Multi-family Residential West: Multi-family Residential j j The General Plan and Zoning Ordinance identifies the project site and surrounding properties as Medium-Density Residential with a maximum density of 10 dwelling units per acre. The properties directly adjacent to the project site are currently developed with single-family residences. Multiple properties within the greater surrounding neighborhood are developed with multi-family dwellings. The property to the north of the proposed project contains a historic Colony home. The project site's multi-family residential zoning and use 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. 91 ITEM NUMBER: B- 1 DATE: 04/13/04 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 requirements of the PD-7 development standards. In addition, staff has added conditions of approval consistent with General Plan & Zoning requirements and agreed upon by the applicant, as identified below. The project has been designed with two story single-family residences that incorporate quality building materials and architectural treatments to blend with the existing neighborhood along Olmeda and Rosario Ave. A combination of 2 different floor plans have been proposed for the project site creating a variety of homes. Setbacks from the shared driveway are a minimum of 15-feet from the edge of the pavement. The existing residence is setback a minimum of 25-feet from both the Olmeda and Rosario Avenue frontages. All garages are recessed 5-feet from the front porch. A variety of architectural • features will be incorporated into the project, including: wrap-around porches on the corner units, decorative window treatments, and a masonry veneer base. All trash storage, recycle storage, and air conditioning units will be screened from view behind fenced or landscaped enclosures. Conditions have been included that will require the garage doors be architectural grade and be painted to match the selected body color (Condition PD 6). All front yards and street facing side yards shall be landscaped by-the developer (Condition PD 10). Back yards will be landscaped by the individual property owners. All landscapemaintenancewill be the responsibility of the individual property owner. • 92 ITEM NUMBER: B- 1 DATE: 04/13/04 Lot 1 Elevations mow.. } n " .— .. 0 1 y Rei E4'A,ice n6qt' g-VA71t3N" x f FRU"ELEVATM � x Lots 2 Elevations: ell r AWT EXT ASN' ry HE 96 -i -- ry r fiy " is €vera. SON 93 ITEM NUMBER: B - 1 DATE: 04/13/04 Lot 3 Elevations: I!L:fjl • w m. I � � .. Y. W+sff a�lFepaza •5,..��`--a y »:ud9 s- ,arHfi "{2QREYtdt` itC Al Lot 4 Elevations: AL } LePT E&AMON 0. a w Iv= i 94 ITEM NUMBER: B- 1 DATE: 04/13/04 • The applicant has included sample elevations illustrating color and material schemes. Refer to Exhibit K for details. Landscape Design: The preliminary landscape plan has been designed for compatibility with the surrounding neighborhood and visual appearance from Rosario Avenue. Shade trees have been located along the Rosario frontage and along the shared driveway. The landscape plan includes the retention of a prominent oak tree cluster that straddles the project site and the historic home property to the north and a large live oak located along the Olmeda frontage in front of the existing home. Historic Compatibility: The property adjacent to the project site contains an original Atascadero colony home. Staff has conditioned that a landscape buffer be included between the proposed project driveway and the existing Colony home property to retain the existing context of the historic home (Condition PD 7). Additionally, the proposed shared driveway extension to the western property line of lot 2 shall incorporate a decorative paving treatment of design and color to compliment the adjacent Colony house and the proposed homes (Mitigation Measure 5.a.1). Site Plan, Circulation, and Parkinq: The site plan meets the requirements of the Atascadero Municipal Code and the General Plana The project will include street frontage improvements along Rosario Avenue. The proposed driveway is designed to • be sixteen-foot wide paved width with 20-foot clear space provided with use of low-lying groundcover along the east side for emergency vehicle access (Condition PD 19/TTM 12). Each lot contains a minimum 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 along the Rosario Ave frontage. Maintenance of the drainage basin will be included in the CC&R's for the project. The basin shall be landscaped by the developer and shall include low-lying ground cover (Condition PD 10). Wastewater: Sanitary sewer will be connected to the existing Rosario Avenue sewer line. Project Benefits: One of the required findings for approval of a planned development rezone is that the project must "offer certain redeeming features to compensate for the requested modification." Due to the site's limited area and relatively small subdivision, common recreational facilities may not be practical. However, the project will have a number of "redeeming features" which include the following: 1) incorporation of high quality materials and porch elements on corner units; 2) each unit will have a private yard area that will allow for outdoor recreational opportunities, 3) provision of a variety of home designs, 4) architectural and landscape features of the project have been 95 ITEM NUMBER: B -1 DATE: 04/13/04 designed to enhance the project's appearance and benefit the surroundin • 9 neighborhood; 5) incorporation of special paving treatment for the shared driveway and landscape buffering between the project site and the existing Colony,home, and 6) the project will provide inclusionary in lieu fees for affordable housing consistent with the interim Council Policy. The table below outlines the Council policy regarding Planned Development benefits. Staff has identified in bold print the benefits that could be applied to this project should the Council determine that those elements are present and warrant the granting of the zone change, PD Location Tier 1 Benefits Tier 2 Benefits Inside of Urban Core a) Affordable/Workforce Housing a) Pocket Parks in larger projects PD-7 b) High Quality Architectural b) Trails/Walkways for Pedestrian PD-17 Design Connectivity Custom PD's c) High Quality Landscape Design c) Historic Preservation(see d) Buffering between Urban and discussion below) Suburban zones(large lot sizes, increased setbacks,landscape buffers,etc.) e) Higher density to meet Housing Element goals Outside of Urban Core a) Natural Open Space Preservation a) Multi-Purpose Trails—Equestrian Rural/Suburban Areas Bicycle/Pedestrian PD-16 b) Recreational Areas/Facilities Custom PD's c) Historic Preservation Affordable Housing: The City Council has implemented an interim inclusionary affordable housing program to include a fixed percentage of units within residential developments that require a legislative approval to be reserved as deed restricted affordable units or an in-lieu fee to be collected. This interim program 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 5.00% of the construction valuation of each of the market rate units. A condition of approval has been added to this effect (Condition PD 14/TTM 8). The project is also conditioned to offer for sale housing units to residents or workers within the City of Atascadero exclusively during the first 60 days of the initial home sale. (Condition PD 16) Tentative Tract Map: A five-lot tract map is proposed as part of the project consistent with the Master Plan of Development. The tract map has been conditioned by staff and the City Engineer to meet all City standards including street frontage improvements. The applicant will be required to record CC&R's for the map that will include maintenance and access of common areas(Condition PD 50/TTM 17). 96 ITEM NUMBER: B- 1 DATE: 04/13/04 • Master plan of Development (Conditional Use Permit): As previously mentioned, a Master Plan of Development is required for the PD-7. The City Council must make the following five findings to approve a Conditional Use Permit: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual. Staff Comment: The use is consistent with the 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 on 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: The project has been designed to be consistent with the existing neighborhood character. Conditions have been included to require appropriate landscape buffering and pavered driveway providing sensitivity to the adjacent historic colony home and context of the site. 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Staff Comment: The proposed project and use is consistent with the traffic projections and road improvements anticipated within the General Plan. The proposed project density (10 units/acre) equates to a maximum of 4 additional units on the project site. 97 ITEM NUMBER: B- 1 DATE: 04/13/04 • 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: Land Use Policy 1.1: `Preserve the rural atmosphere of the community and assure "elbow room" in areas designed for lower density development by guiding new development into the Urban Core to conform to the historic Colony land use patterns of the City and to respect the natural environment, hillside area and existing neighborhoods': 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 requires appearance review of architectural design, materials, street trees, and landscaping to maintain Atascadero's rural atmosphere, protect the environment, and incorporate architectural themes into site and building design. 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 five small-lot, single-family dwellings that fulfill an important housing need within the community and follow the General Plan's policies relating to the implementation of smart growth principles. 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. The project provides a high quality infill development within the City's urban core area. The proposed residential use is consistent with the surrounding neighborhood use and character. Proposed environmental Determination: Staff has prepared a Draft Mitigated Negative Declaration, circulated to public agencies and interested members of the public on February 26, 2004. The environmental analysis identified concerns regarding potential impacts to aesthetics, air quality, cultural resources, geology & soils, hydrology & water quality, land use and planning, noise, and utility systems. Mitigation measures pertaining to these resources are included. Mitigation measures and a finding are 98 ITEM NUMBER: B- 1 DATE: 04/13/04 . 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 has proposed 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. 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: Attachment 1: Location Map, Zoning and General Plan Attachment 2: Planning Commission Meeting Minutes Attachment 2: Draft Resolution A Proposed Mitigated Negative Declaration Attachment 3: Draft Ordinance A Proposed Zoning Map Change Attachment 4: Draft Resolution B - Proposed Master Plan of Development Attachment 5: Draft Resolution C- Proposed Vesting Tentative Parcel Map • 99 ITEM NUMBER: B- 1 DATE: 04/13/04 Attachment 1: Location Map,General Plan and Zoning R� Y 4y _ Projects Site: ................._._....'.._.,:... Olmeda/Rosario Ave. o l t I i` Existing Desiclnations: • General Plan: MDR Zoning District: RMF-10 Proposed Designations: General Plan: MDR Zoning District: RMF-10/PD-7 100 ITEM NUMBER: B -1 DATE: 04/13/04 • ATTACHMENT 2: Planning Commission Meeting Minutes PD-7 Master Plan of Development(CUP 2003-0113)/ZCH2O03-0065VTTM 2003-0038 A Copy of the minutes of the March 16`h Planning Commission meeting are available for review at that Community Development Department, located at 6905 El Camino Real, Suite 6 between the hours of 8am and 5pm, Monday through Friday. A copy of the minutes can also be reviewed on the City website: www.atascadero.org. • 101 ITEM NUMBER: B- 1 DATE: 04/13/04 Resolution A April 13,2004 Page 2 of 4 ATTACHMENT 3: Draft Resolution A DRAFT RESOLUTION A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, CERTIFYING PROPOSED MITIGATED NEGATIVE DECLARATION 2004-0006 PREPARED FOR ZONE CHANGE 2003-0065, CONDITIONAL USE PERMIT 2003-0113 AND TENTATIVE TRACT MAP 2003-0038 APN 029-292-044 (5680 Rosario, 5495 Olmeda/Madruga) WHEREAS, an application has been received from Rodney Madruga (5495 Olmeda Ave, Atascadero, CA 93422), Applicant, 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 five lot residential Tentative Parcel Map on APN 029-292-044,017 and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2004-0006 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 March 16, 2004 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 April 13, 2004 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 2004-0006 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 Planning Commission,prior to recommending action on the project for which it was prepared; and, 0 102 ITEM NUMBER: B- 1 DATE: 04/13/04 Resolution A April 13,2004 • Page 3 of 4 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 103 ITEM NUMBER: B-1 DATE: 04/13/04 Resolution A April 13,2004 Page 4 of 4 Exhibit A: Proposed Mitigated Negative Declaration 2004-0006 • 104 ITEM NUMBER: B- 1 DATE: 04/13/04 • ATTACHMENT 4: Draft Ordinance A DRAFT ORDINANCE A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA,APPROVING ZONE CHANGE 2003-0065, AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF APN 029-292-044 FROM RMF-10 TO RMF-10/PD-7 (5680 Rosario, 5495 Olmeda Ave/Madruga) The City Council hereby finds and declares as follows: WHEREAS, an application has been received from Rodney Madruga (5495 Olmeda Ave, Atascadero, CA 93422),Applicant, 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 five lot residential Tentative Parcel Map on APN 029-292-044, 017 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 Public Hearing held on March 16, 2004, studied and considered Zone Change 2003-0065, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, • 105 "ITEM NUMBER: B-1 DATE: 04/13/04 Ordinance A April 13,2004 Page 2 of 4 • WHEREAS, the Atascadero City Council, at a Public Hearing held on April 13, 2004, studied and considered Zone Change 2002-0065, 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 Change 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 April 13, 2004 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. 106 ITEM NUMBER: B- 1 DATE: 04/13/04 Ordinance A April 13,2004 • Page 3 of 4 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 • 107 ITEM NUMBER: B- 1 DATE: 04/13/04 Ordinance A April 13,2004 Page 4 of 4 • Exhibit A: Zone Change Map ZCH 2003-0065 Projects Site: "'°"° ,... ....._ �.._ Olmeda/Rosario Ave. i f J Existing Designations: General Plan: MDR Zoning District: RMF-10 Proposed Designations: General Plan: MDR Zoning District: RMF-10/PD-7 108 ITEM NUMBER: B- 1 DATE: 04/13/04 ATTACHMENT 5: Draft Resolution B PD-7 Master Plan of Development(CUP 2003-0113)/ZCH2O03-0065 Approval of Proposed Master Plan of Development DRAFT RESOLUTION B A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2003-0113, ADOPTING A MASTER PLAN OF DEVELOPMENT FOR A PD-7 OVERLAY ZONING DISTRICT ON APN 029-292-044 (5680 Rosario, 5495 Olmeda Ave/Madruga) WHEREAS, an application has been received from Rodney Madruga (5495 Olmeda Ave, Atascadero, CA 93422), Applicant,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 five lot residential Tentative Parcel Map on APN 029-292-044, 017 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 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 Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on March 16, 2004, studied and considered the Master Plan of Development(CUP 2003-0113), after first studying and considering the Proposed Mitigated • Negative Declaration prepared for the project, and 109 ITEM NUMBER: B-1 DATE: 04/13/04 Resolution B April 13,2004 Page 2 of 31 • WHEREAS, the Atascadero City Council, at a Public Hearing held on April 13, 2004, studied and considered the Master Plan of Development (CUP 2003-0113) for Zone Change 2002-0065, 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 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 the proposed project or use will not be inconsistent with the character or the . immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project,or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. SECTION 3. Approval. The Atascadero City Council, in a regular session assembled on April 13,2004,resolved to approve Conditional use Permit 2003-0113 subject to the following: EXHIBIT A: Conditions of Approval/Mitigation Monitoring Program EXHIBIT B: Site plan EXHIBIT C: Landscape Plan EXHIBIT D: Fencing Design EXHIBIT E: Statistical Summary EXHIBIT F: Grading and Drainage Plan EXHIBIT G: Lot 1:Elevations EXHIBIT H: Lot 2: Elevations EXHIBIT 1: Lot 3: Elevations EXHIBIT J: Lot 4: Elevations • EXHIBIT K: Exterior Color&Material Sample Board EXHIBIT L: Arborist Report 110 ITEM NUMBER: B- 1 DATE: 04/13/04 Resolution B April 13,2004 • Page 3 of 31 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- 1 DATE: 04/13/04 Resolution B April 13,2004 Page 4 of 31 • EXHIBIT A:Conditions of Approval/Mitigation Monitoring Program PD-7 Master Plan of Development(CUP 2003-0113)/ZCH 2003-0065 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS:Planning 5680 Rosario Ave/5495 Olmeda Ave BL:Business License Services GP:Grading Permit BS:Building PD-7 Master Plan of Development BP:Building Permit services CUP 2003-0113/ZCH 2003-0065 Fl: Final Inspection FD:Fire Department TO:Temporary PD:Police Occupancy Department FO:Final Occupancy CE:City Engineer WW:Wastewater CA City Attorney Planning Services 1. The approval of this zone change and use permit PS shall become final and effective following City Council approval. 2. Approval of this Master Plan of Development shall be FM PS valid concurrently with the life of Tentative Tract Map 2003-0038 and then indefinitely following final map. The Master Plan of Development approval shall expire and become null and void unless a final map is recorded consistent with the Master Plan of Development. 3. Changes to the Master Plan of Development shall be On-going PS • approved by the Planning Commission and do not require Council action. 4. The Community Development Department shall have BP/FM PS the authority to approve the following minor changes to the project the(1)modify the site plan project by less than 10%,(2) result in a superior site design or appearance, and/or(3)address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps. 5. All subsequent Tentative Tract Map and construction BP/FM PS permits shall be consistent with the Master Plan of Development contained herein. 6. All exterior elevations,finish materials and colors BP PS shall be consistent with the Master Plan of Development as shown in Exhibit B,C,G,H,I,J and F 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. ■ Garage doors shall of architectural grade and shall be painted to match the body color of each unit.Half circle elements shall be replaced with solid or square 112 ITEM NUMBER: B- 1 DATE: 04/13/04 Resolution B April 13,2004 • Page 5 of 31 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS:Planning 5680 Rosario Ave/5495 Olmeda Ave BL:Business License ServicesGP:Grading Permit BS:Building PD-7 Master Plan of Development BP:Building Permit services FI: Final Inspection FD:Fire Department CUP 2003-01132CH 2003-0065 TO:Temporary PD:Police Occupancy, Department FO:Final Occupancy CE:City Engineer WW:Wastewater CA:City Attorney window panels subject to staff review. ■ Windows shall be single or double hung vinyl and shall be complimentary in color to the color schemes shown in EXHIBIT K. ■ Roof material is to be of architectural grade. 7. The project shall include a landscaped buffer between the historic colony home and the project site. This buffer area shall include the following: ■ Porous pavers along the shared portion of the driveway ■ Retention of the oak tree cluster straddling the project site and the adjacent historic colony home property ■ Additional landscaping within the easement area 8. All site development shall be consistent with the BP/FM PS maximum intensities described in the statistical project summary as shown on EXHIBIT E. 9. All site work,grading and site improvements shall be BP/FM PS consistent with the Master Plan of Development as shown in EXHIBIT B,C and F. 10. A final landscape and irrigation plan shall be BP PS approved prior to the issuance of building permits and included as part of site improvement plan consistent with EXHIBIT C.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 24"-box trees with a minimum of two additional tree along Rosario Ave. ■ 15-gallon shade trees shall be installed within the front yard areas of Lots 1,2,and 3. . All required landscape trees shall be double staked upon installation. 113 ITEM NUMBER: B- 1 DATE: 04/13/04 Resolution B April 13,2004 Page 6 of 31 • Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS:Planning 5680 Rosario Ave/5495 Olmeda Ave Bl:Business License Services GP:Grading Pertnt BS:Building PD-7 Master Plan Of Development BP:Building Perrnit Services FI:Final Inspection FD:Fre Department CUP 2003-0113/ZCH 2003-0065 TO:TemporaryPD:Police Occupancy Department FO:Final Occupancy CE:City Engineer WW:Wastewater CA City Attorney • The drainage basin shall include low-lying ground cover designed to preserve the effectiveness of the basin as engineered. 11. All project fencing shall be installed consistent with BP PS EXHIBIT C and D subject to the following modifications: a. Fencing along the Rosario and Olmeda frontages shall be a maximum of 3 feet in height. b. No fencing shall be placed within the required front yard setbacks as measured from Rosario Ave, Olmeda Ave,and/or the private driveway. c.. The design of all fencing shall be compatible with the overall project design,subject to staff approval d. No fencing shall be located within the north landscape buffer area adjacent to the historic colony • home. 12. The retaining wall along the Rosario frontage shall be constructed of concrete block with stacked stone veneer along the frontage side of the wall,subject to staff approval.The rear of the wall shall be stucco finished.All walls constructed along the Rosario and/or Olmeda frontage shall be consistent with the basin wall design. 13. A Tree Protection Plan shall be prepared for GP PS encroachment within the dripline of native trees located on BP the subject parcel and any adjacent properties. 14. Affordable Housing Requirement: The applicant shall FM,BP PS,CE either set aside one housing unit at the moderate category rate for a period of 30 years,or pay an in-lieu fee based on 5.00%of the construction valuation of each of the market rate units. 15. All exterior material finishes(stucco,materials, BP PS lighting,garage doors)shall be durable,high quality,and consistent with Exhibit H. 16. Workforce Housing FM PS,CE Prior to recordation of final map,the applicant shall enter into a legal agreement with the City to reserve t/2 of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following 114 ITEM NUMBER: B 1 DATE: 04/13/04 Resolution B April 13,2004 • Page 7of31 Conditions of Approval/ Timing. Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS:Planning BL:Business License Services 5680 Rosario Ave/5495 01meda Ave GP:Grading Permit BS:Building PD-7 Master Plan of Development BP:Building Permit services FI: Final Inspection FD:Fire Department CUP 2003-01132CH 2003-0065 To:Temporary PD:Police Occupancy Department FO:Final Occupancy CE:City Engineer WW:Wastewater GA.Oty Attorney 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 • 0 The City Attorney shall approve the final form of the agreement. 17. CC&R's shall include language, and a deed restriction shall be recorded on parcel one,which prohibits alteration of the drainage basin and/or historic property landscape buffer without written approval from the Community Development Director. Building Services 18. 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 19. 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 Lots 1,2,and 3. Lot 4 shall provide a minimum of 12-foot wide paved access for the portion of the driveway located on parcel 4.Twenty-foot clear width may be provided with use of turf block or low-lying shrubs along the west side for emergency vehicle access. 20. The location of all existing and proposed fire FM CE hydrants shall be shown on subsequent building permit 115 ITEM NUMBER: B- 1 DATE: 04/13/04 Resolution B April 13,2004 Page 8 of 31 •' Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS:Planning 5680 Rosario Ave/5495 Olmeda Ave BL:Business License services GP:Grading Permit BS:Building PD-7 Master Plan of Development BP:Building Permit Services CUP 2003-01132CH 2003-0065 Fl:Final Inspection FD:Fire Department TO:Temporary PD:Police Occupancy Department FO:Final Occupancy CE:City Engineer WW:wastewater CA:City Attorney applications. 21 -k-l-etter 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: 22. Address signage design shall be provided prior to FM CE issuance of any subsequent building permits. 23. Fire lanes shall be delineated to restrict parking as FM CE required by the Fire Authority. 24. Unit 4 shall be fire sprinklered,subject to the approval of the fire department. City Engineer Standard Conditions 25. All public improvements shall be constructed in BP CE conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings and/or as directed by the City Engineer. 26. In the event that the applicant is allowed to bond for FM CE the public improvements required as a condition of the final map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 27. An engineer's estimate of probable cost shall be FM CE submitted for review and approval by the City Engineer to determine the amount of the bond. 28. The Subdivision Improvement Agreement shall FM CE record concurrently with the Final Map. 29. An encroachment permit shall be obtained prior to BP CE the issuance of building permit. 30. The applicant shall enter into a Plan BP CE Checklinspection agreement with the City. 31. A six(6) foot Public Utility Easement (PUE) shall be FM CE provided contiguous to the Rosario and Olmeda property frontage. 32. The applicant shall be responsible for the relocation BP CE and/or alteration of existing utilities. 33. The applicant shall install all new utilities (water, gas, BP CE electric,cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each 116 ITEM NUMBER: B- 1 DATE: 04/13/04 Resolution B April 13,2004 Page 9 of 31 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS:Planning 5680 Rosario Ave/5495 Olmeda Ave BL:Business License Services GP:Grading Pemdt BS:Building PD-7 Master Plan of Development BP:Building Perrnit services CUP 2003-0113/ZCH 2003 0065 FI: Final Inspection FD:Fre Department TO:Temporary PD:Police Occupancy Department FO:Final Occupancy CE:Qty Engineer' WW:Wastewater CA:Qty Attorney lot or its public utility easement. 34. The applicant shall monument all property corners for BP CE construction control and shall promptly replace them if disturbed. 35. The applicant shall acquire title interest in any off-site BP CE land that may be required to allow for the construction of the improvements.The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements, 36. Slope easements shall be provided as needed to FM CE accommodate cut of fill slopes. 37. Drainage easements shall be provided as needed to FM CE accommodate both public and private drainage facilities. 38. A preliminary subdivision guarantee shall be FM CE submitted for reviewin conjunction with the processing of the map. 39. All existing and proposed utility,pipeline,open space, FM CE 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. 40. The final map shall be signed by the City Engineer FM CE prior to the map being placed on the agenda for City Council acceptance. 41. Prior to recording the final map, the applicant shall FM CE submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 42. Prior to recording the parcel map, the applicant shall FM CE set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that comers have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be 117 ITEM NUMBER: B- 1 DATE: 04/13/04 Resolution B April 13,2004 Pae 10 of 31 • Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS:Planning BL:Business License Services 5680 Rosario Ave/5495 Olmeda Ave GP:Grading Permit Bs:Building PD-7 Master Plan of Development BP:Building Perr it services CUP 2003-0113/ZCH 2003-0065 Fl:Final Inspection Pp:Poe;Department Occupancy Temporary Department Occupancy FO:Final Occupancy CE:City Engineer WW:Wastewater CA:City Attomey retraced. 43. Prior to recording the tract map, the applicant shall FM - CE pay all outstanding plan check/inspection fees. 44. Prior to recording the map, the applicant shall FM CE complete all improvements required by these conditions of approval. 45. Prior to recording the tract map, the applicant shall FM CE have the map reviewed by all applicable public and private utility companies(cable,telephone,gas,electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. • 46. Upon recording the final map, the applicant shall FM CE provide the City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 47. Prior to the final inspection of any public FI CE 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. 48. Prior to the final inspection,the applicant shall submit FI CE a written certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. 49. Prior to the issuance of building permits the applicant BP CE shall submit a grading and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. 50. 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. City Engineer Project Conditions 118 ITEM NUMBER: B - 1 DATE: 04/13/04 Resolution B April 13,2004 • Page 11of31 Conditions of Approval/ riming Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS:Planning 5680 Rosario Ave/5495 Olmeda Ave GP Grading Permit services GP:Grading Permit BS:Building PD-7 Master Plan of Development BP:Building Permit services CUP 2003-01132CH 2003-0065 Fl: Final Inspection PD:Policeepartment TO;Temporary Occupancy Department FO:Final Occupancy CE:City Engineer. WW:Wastewater CA City Attomey 51. All frontage improvements shall be constructed on CE Rosario Frontage. Improvements shall include widening Rosario and constructing curb, gutter and decomposed granite path. 52. Existing retaining wall shall be removed from right-of- BP CE way. Appropriate permits shall be acquired by applicant prior to constructing wall. 53. Drainage inlet shall be installed at comer of Rosario BP CE and Olmeda,and connected to new improvements. 54. A single detention basin shall be provided on the BP CE property. The detention basin shall be sized to provide for a 50-year storm with a 2-year storm release. The outlet of the basin shall drain through a sidewalk underdrain. • 55. A drainage easement for the detention basin shall be FM CE provided. Drainage shall cross property lines only within drainage easements. Provide drainage easements along all proposed drainage paths. Wastewater Department Standard Conditions 56. Applicant shall pay sewer Extension BP CE (Annexation ), Connection and Reimbursement fees (if applicable) upon issuance of building permit. 57. Wastewater piping serving fixtures which have BP CE flood level rims located below the elevation of the next upstream manhole cover of the public or private sewer serving such wastewater piping shall be protected from backflow of sewage by installing an approved type backwater valve Fixtures above such elevation shall not discharge through the backwater valve 58. All wastewater piping outside of right-of-way BP CE shall be private. Atascadero Mutual Water Company 59. Before recordation of the final map,the applicant BP BS shall submit plans to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction 119 ITEM NUMBER: B-1 DATE: 04/13/04 Resolution B April 13,2004 Page 12 of 31 • Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program Monitoring PS:Planning BL: es 5680 Rosario Ave/5495 Olmeda Ave GP Brach Business License BS:serBuil GP:Grading Pemvt BS:Building PD-7 Master Plan of Development BP:Building Permit Samoa$ CUP 2003-01132CH 2003-0065 Fl:Final Inspection FD:Fire Department TO:Temporary PD:Police Occupancy Department FO:Final Occupancy CE:City Engineer WN:Wastewater CA City Attorney begins on the water system improvements. All new water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards(Code of Regulations Title 22, Division 4, Chapter 16). All cross-connection devices shall conform to AWWA and California Department of Health Services standards. 60. Before the start of construction on the water system BP BS improvements,the applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC,the applicant may enter in to a"deferred connection"agreement, 61. Before issuance of building permits,the applicant BP BS shall obtain a"Will Serve"letter from AMWC for the • newly created lots within the subdivision. 62. Private easements may be needed for the private BP BS water service lines that sere parcels created by parcel map which do not front on Rosario. Mitigation Measures BP PS 1.d.1 Mitigation Measure 1A.11: If exterior lighting is proposed,it shall be designed to eliminate any offsite 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 20-feet in height, limit intensity to 2.0 foot candles at ingress/egress,and otherwise 0.6 footcandle 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 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. • Fuer all off-road and portable diesel powered equipment, including but not limited to bulldozers, 120 ITEM NUMBER: B- 1 DATE: 04/13/04 Resolution B April 13,2004 • Page 13 of 31 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS:Planning 5680 Rosario Ave/5495 Olmeda Ave BL:Business license Services GP:Grading Permit BS:Building PD-7 Master Plan of Development BP:Building Permit Services Fl: Final Inspection FD:Fire Department CUP 2003-01132CH 2003-0065 PD:Police TO:Temporary Occupancy Department FO:Final Occupancy CE:City Engineer WW:Wastewater CA City Attorney graders,cranes, loaders,scrapers,backhoes, generator sets,compressors,auxiliary power units, with ARB certified motor vehicle diesel fuel (Non taxed version suitable for use off-road). • Maximize to the extent feasible,the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. • install diesel oxidation catalysts(DOC),catalyzed diesels particulate filters(CDPF)or other District " approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques • Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any • given time period. Schedule of construction truck trips during non-peak hours to reduce peak hour emissions. • Limit the length of the construction workday period, if necessary. • Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed(non- potable)water should be used whenever possible. C. All dirt stockpile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re-vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are plann4ed to be reworked at dates greater than one month after initial grading should be sown with a fast-germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re-vegetation should be stabilized using approved chemical soil binder,jute netting,or other methods approved in advance by the APCD. G. All roadways,driveways,sidewalks,etc,to be paved should be complete as soon as possible. In addition, building ads should be laid as soon as possible after 121 ITEM NUMBER: B- 1 DATE: 04/13/04 Resolution B April 13,2004 Page 14 of 31 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS:Planning 5680 Rosario Ave/5495 Olmeda Ave BL:Business License Services GP:Grading Permit Bs:Building PD-7 Master Plan of Development BP:Building Permit services FI:Final Inspection FD:Fre Department CUP 2003-0113/ZCH 2003-0065 TO:Ternporery PD:Police Occupancy Department FO:Final Occupancy CE:city Engineer WW:Wastewater CA city Attorney 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 offsite. The name and telephone number of such • persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 4.e.1: The building permit site plan shall GP PS,BS,CE 4.e.1 identify all protection and enhancement measures recommended by the Certified Arborist in the Tree Protection Plan.Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan. Mitigation Measure 4.e,2: The Precise Grading Plan shall GP PS,CE 4.e.2 identify tree protection fencing around the dripline of each existing on-site tree and/or native shrub mass within 20 feet of construction activity. Mitigation Measure 4.e.3: Grading and excavation and GP,BP PS,BS 4.e.3 grading work shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 5. All trees within the area of work shall be fenced for protection with 4-foot chain link,snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to an 122 ITEM NUMBER: B- 1 DATE: 04/13/04 Resolution B April 13,2004 Page 15 of ions o Conditions Of Approval/ Timing. Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS:Planning 5680 Rosario Ave/5495 Olmeda Ave BL:Business License services GP:Grading Permit ' BS:Building PD-7 Master Plan of Development BP:Building Permit services CUP 2003-01132CH 2003-0065 FI: Final Inspection FD:Fire Department TO:Temporary PD:Police Occupancy Department FO:Final Occupancy CE:City Engineer WW:Wastewater CA City Attorney site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Mitigation Measure 4.e.4: The developer shall contract with a BP PS,BS 4.e.4 certified arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion,as follows: (a). A written agreement between the arborist and the developer outlining a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b). Arborist shall schedule a pre-construction meeting with • engineering/planning staff,grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c). As specified by the arborist report and City staff: ■ Fencing: Must be a minimum of 4'high,chain link, and snow or safety fence,staked at the drip-line or line of encroachment for each tree or group of trees. Tree fencing shall be erected before demolition, grading, or construction begins and remains in place until final inspection of the project permit,except for work specifically required in the approved plans in which case the project arborist or Planning Staff must be consulted. ■ Soil Aeration Methods: Soils under drip-lines that have been compacted by heavy equipment and/or construction activities must be returned to their original state before all work is completed. Methods include water jetting,adding organic matter,and boring small holes with an auger(18"deep,2-3'apart with a 2-4"auger)and the application of moderate amounts of nitrogen fertilizer. The arborist shall advise. . Chip Mulch: All areas within the drip-line of the trees that cannot be fenced shall receive a 4-6"layer of chip mulch to retain moisture,soil structure and reduce the effects of soil compaction. 123 ITEM NUMBER: B- 1 DATE: 04/13/04 Resolution B April 13,2004 Page 1 C o Conditions IOnS Of Approval/ Timing Responsibility Mitigation Measure. Mitigation Monitoring Program /Monitoring PS:Planning 5680 Rosario Ave/5495 Olmeda Ave BL:Business License Services GPi Grading Pemrt BS:Building PD-7 Master Plan of Development BP:Building Permit services Fl:Final Inspection FD:Rre Department CUP 2003-0113/ZCH 2003-0065_ To:Temporary PD:Police Occupancy Department FO:Final Occupancy CE:City Engineer WW:Wastewater CA City Attorney • Trenching within the Drip-line: All trenching under drip-lines of native trees shall be hand dug, augured or bored. All major roots shall be avoided whenever possible. All exposed roots larger than 1"in diameter shall be'clean cut with a sharp pruning tool and not left ragged. • Grading within drip-line: Grading should not encroach within the drip-line. If grading is necessary, construction of retaining walls or tree wells or other protection measures may be necessary to insure the survivability of the trees. Chip mulch 4-6"in depth may also be required in these areas. Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a ponding condition and excavations should not leave the tree on a rapidly draining mound. ■ Exposed Roots: Any exposed roots shall be • recovered the same day they were exposed. • Paving within the Drip-line: Pervious surfacing is required within the dripline of any oak trees. ■ Compaction: Vehicles and all heavy equipment shall not be driven under the trees,as this will contribute to soil compaction. ■ Existing Surfaces: The existing ground surface within the drip-line of all oak trees shall not be cut,filled, compacted or pared. ■ Construction materials and waste: No liquid or solid construction waste shall be dumped on the ground within the drip-line of any oak tree. ■ Arborist Monitoring: During construction an arborist shall be present when encroaching within the dripline of any Oak tree. (d). Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were,protected during construction, and the construction-related tree protection measures are no longer required for tree protection. Mitigation Measure 5.a.1:The project shall provide a pavered driveway entrance to extend to the existing paving on the adjacent parcel,consistent with the historic context of the neighborhood. Pavers shall be individually set and shall be 124 ITEM NUMBER: B- 1 DATE: 04/13/04 Resolution B April 13,2004 • Page 17 of 31 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS:Planning 5680 Rosario Ave/5495 Olmeda Ave BL:Business license Services GP:Grading Perrot BS:Building PD-7 Master Plan of Development BP:Building Permit Services CUP 2003-0113/ZCH 2003 0065 Fl: Final Inspection FD'Fire Department TO:Temporary PD:Police Occupancy Department FO:Final Occupancy CE:City Engineer WW:Wastewater CA City Attorney bordered by a concrete mow strip. Mitigation Measure 5.a.2: Landscaping shall include shade trees in the front yards of the proposed units facing the historic colony home.A minimum of 2 trees(15-gallon size min)shall be installed within this area. Mitioation Measure 6.b.1: The grading permit application GP BS 6.b.1 plans shall include erosion control measures to prevent soil, dirt,and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.d.1: A soils report shall be required to GP PS,BS,CE 6.c.d.1 be submitted with a future building permit by the building department. Mitigation Measure 8.e.f.1: Should the disturbed area total GP PS,CE 8.e f.1 one acre or greater,a Stormwater Pollution Prevention Plan (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. Should the area of disturbance total less than one acre in area,the applicant shall include methods of erosion control and temporary site runoff control,subject to the approval of the City Engineer. Mitigation Measure 8.e.f.2: The Building Permit application BP PS,CE 8.0.2 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. Mitioation Measure 8.e.f.3: The developer is responsible for BP PS,BS 8.e.f.3 ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices,citations,or stop orders 125 ITEM NUMBER: B- 1 DATE: 04/13/04 Resolution B April 13,2004 Page 18 of 31 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS:Planning 5680 Rosario Ave/5495 Olmeda Ave Bl.:Business Ucense services GP:Grading Permit BS:Building PD-7 Master Plan of Development BP:Building Perrrit services CUP 2003-0?132CH 2003-0065 Fl: Final Inspection FD:Fre Department TO:Temporary PD:Police Occupancy Department FO:Final Occupancy CE:City Engineer WW:Wastewater CA City Attorney Mitigation Measure 11.d: All construction activities shall BP,GP PS,BS 11.d 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 maybe 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. 126 ITEM NUMBER: B- 1 DATE: 04/13/04 Resolution B April 13,2004 • Page 19 of 31 EXHIBIT B:Site Plan 10, IN L k `tea, � k tr 127 ITEM NUMBER: B- 1 DATE: 04/13/04 Resolution B April 13,2004 Page 20 of 31 EXHIBIT C:Landscape Plan T. �:llikfNSIM�!` ate. < t „tH#��R1"'Y 191Yt't'FtAk XC+PY�ikd47N� � 95 j fill 'Woce 1�i a ESE O F i 128 ITEM NUMBER: B- 1 DATE: 04/13/04 Resolution B April 13,2004 • Page 21 of 31 EXHIBIT D:Fencing Design 129 ITEM NUMBER: B- 1 DATE: 04/13/04 Resolution B April 13,2004 Page 22 of 31 . EXHIBIT E:Statistical Summary of Project Proposed Project Summary Lot Area 4354 sf 3999 sf 3675 sf 3563 sf !r223 Building Footprint 1121 sf 947 sf 947 sf 1014 sf (not to exceed 35%) 25% 24% 26% 28% Landscaped Area 2133 sf 1669 sf 1537 sf 1855 sf 6400 sf (minimum 40%) 49% 42% 42% 52% 52% Covered Parking 2 spaces 2 spaces 2 spaces 2 spaces 2 spaces Guest Parking 2 spaces 2 spaces 2 spaces 1 spaces 2 spaces Lower Living Area 528 455 455 528 2382 Upper Living Area 1 7091 6441 6441 7091 011 • • 130 ITEM NUMBER: B- 1 DATE: 04/13/04 Resolution B April 13,2004 • Page 23 of 31 EXHIBIT F:Grading and Drainage Plan i r 131 ITEM NUMBER: B- 1 DATE: 04/13/04 Resolution B April 13,2004 Page 24 of 31 • EXHIBIT :Lot 1:Elevations G o Tj E 1 i v k 4 I <" f � Ii € k ll , 6 132 ITEM NUMBER: B -1 DATE: 04/13/04 Resolution B April 13,2004 Page 25 of 31 • EXHIBIT H:Lot 2:Elevations j 77 F 9tF � =' r< ' > � Lail,11 � I1� ' id � 7 , MI 133 ITEM NUMBER: B- 1 DATE: 04/13/04 Resolution B April 13,2004 Page 26 of 31 • EXHIBIT I: Lot 3:Elevations TFITH ju I , Kin r L7I t ,fl;. ) 01 I P 134 ITEM NUMBER: B-1 DATE: 04/13/04 Resolution B April 13,2004 • Page 27 of 31 • 135 ITEM NUMBER: B"- 1 DATE: 04/13/04 Resolution B April 13,2004 Page 28 of 31 • EXHIBIT J:Lot 4: Elevations 11TTFT111 Oki- j'! a j y 9 3 •4 q 'T' tI� 9 C, 136 ITEM NUMBER: B - 1 DATE: 04/13/04 Resolution B April 13,2004 • Page 29 of 31 EXHIBIT K:Exterior Color&Material Sample Board Lots 1 / Lots 2 ROSARIO AVENUE COLOR BOARD LOT 1 COMPOSITION'-ROOFING COUNTRY MANSION EXTERIOR SIDING WOODLAND MYSTERY- TRIM SURREY BEIGE RE AOSARIO AVENUE COLOR BOARDU LOT , -COMPOSITION ROOFING C UM-AY ESTATES EXTERIOR SItIa WA .Y CALF+! TRIM'COUNTRY STORE 137 ITEM NUMBER: B- 1 DATE: 04/13/04 Resolution B April 13,2004 Page 30 of 31 • EXHIBIT K:Exterior Color&Material Sample Board Lots 3 / Lots 4 AOSARIO AVENUE COLS 'BOARDa LOT COMPOSITION ROOFM EXTERIOR WW TRIMnSEP � °r v RosAsto AVE r COLOR BOARS LQT OOMPOSITION RAIN SLATaINIf Im E T ERW SIDING fI SUCH SILVER FRECI TS � t SEP r mmo 138 ITEM NUMBER: B- 1 .DATE: 04/13/04 Resolution B April 13,2004 • Page 31 of 31 EXHIBIT L:Arborist Report .tsrltr< r.' 1. ?ft(l4: Mr. Rodrtct 'lirlc4rtl�.�i 0Rt9fi16o rlrrti t)I1tleiht 1t�tsca lzrio. CA-9" ? Deal- Mt.. Ilv'k drtw Flu, Nl n5 drat'tCxf I.7y R L'C' C onSllltillg i11C, `,:V't're l skA #tj'ts.emtrlV Lhe treeIc}r this rep()rt- I h1-PvIc sigried triv.. fr w- r ri-?1.11 coruicrOf-thc r)lans to ' erify. th6!I" USIV*'. f`he c VC17.11 z,l+c:-11O-s,s V t)�tt W,e s• Orext rilofl r):c3n 7.!-Ic nortli elrtr rttt� ..i:l`ofth l)ri,pr ,cld c c�c Ic}jrrrrcni. 'No ucvs are fat n' rccueste for rcmov,ri ctrl thi.,S t'tro,ect l'hc-tie trees are: iSwr: icLirii113Cw.} ry1� l :� r } 11l dttctcthis iuffi�m51 r4: r�rerd fl athe llto rm nt,tr('d[ :,6iir ) RI I-Ile kiti Afine 51,01.11"d be as-minimial �i- possibic anX11111--wort. witlii_-n this t :ip- iiicc �itrtcch) all, :ancorst dcrilv whif't 5c�%l �►t7i)-V'c'MC-1 t is b6t1_;=t:t)r duC,I. . It c)ddtT c}n-t, this,monitorin rc:c;t�ltl�tler}d:pavcr"type finish that ull'ow-s the pass t��,i c}i'_�atr` withili ilio, rw��trt��zciiio,of th 1)r•t?I)osed drivewat• aretr be txsed. 'J'c) t}hLaIn'a ciL<ir ur,derst-inding 0J'.,tlrctree, proucetit}tt; rrlcrrs.ures—the crwneri•i eveloNr shall re ickv this repo rt with al ccrr}ir lc:trsr rtrlel.t.r1`I penson rl that will be m,--orkingon the prc3jc�.1. lrl <additi.011 I Avould rec�}lnm n-,',J tEtrit. :l,l contr dors lnd 4U.I7emitradors read and sijm th(,: Frvc l}F�D!.c Ct'1{'}13 111'an tt}-tltc_k-_nO)%'){.`4kw 1h rtufigalion Ineasurt, Ytt hand l ht; trees tre�clin nliti"!�ttu)rr measures havebeen identiliet_l with vellJmv t pc>. The trees ,were Mlmhere&and the trunk dian-leter(I-0011) has hettl, attac:l-ied ,pre, eishcet;, i)t.lrin" all phases c}t construction aild unl.il the prqject is c om..pleted the ic}lltaw�in ".trce protection standtirds shall 1)t in place anti l ractice l for <<llaicr:ti lztseclin� riliti:�.�ti< r1 measures and identified on th:e attached spreadsheet. 1. Fending. Must be a rrtinir um at'4' high,chain 1144", :)n[tvt' or szr ':et; f'encc,staked at the clripl ine or lihe of encroachment for each,tree (:Yr group (-}l trces,, IiWn c must lac,u;p h fi�rc try cc�trst.ructzc)n c)r ealth_1.1rt1�i11 heirs. For areas where. this isnot possible: aeration;oftlrc oil (tatter duvefo p rient is complete,) sliall be rNoired. This Icnc:inj�); shall not be bmiched,without the eit�l:nczwlcd�,c.. ?. Soil Aeration Methods_ Soils Linder the driplines, that has been"cc}nrp4cted by heavy cyuiprncnt and/or construction itetivitie. nol state b iorc; all w'Ork is cc}rrfpxeted. I ethc>ds ine[Lide water jettiiig adclin(y ort ttnrc.matter;;and' boo-Ind! small holes vt th"as1 auger"(1 K"deep, 2=3' apart with a 2-4' au-c:r) and (40 139 ITEM NUMBER: B- 1 DATE: 04/13/04 Resolution B April 13,2004 Page 32 of 31 EXHIBIT M:Arborist Report application of moderate amounts of nitrogen fertilizer. Applicant's arborist shall advise. 3. Chip Mulch: All areas within the driplines of the trees that cannot be fenced shall receive a`4-6"layer of chip mulch to retain moisture, soil Structure and reduce the affects of soil compaction_ 4. 'trenching Within The Drip-line: All trenching under the dripli.nes of native trees shal l be hand-dug,augured or bored,and all major,roots shall be-avoided whenever possible. All exposed roots larger than I" in diameter shall be`cut clean"with a sharp pruning tool and not ragged. S. Grading Within the Dripline: Grading should not encroach within the dripline. if grading is necessary,construction of retaining walla or tree wells or other protection, measures may be necessary to insure the survivability of the trees. Chip mulch,44'` in-depth may also be required;in these areas. Grading should not'disrupt the normal: drainage pattern around the trees. hills should not create a pounding condition.and excavations should not leave the trees on a rapidly draining mound. 6. Exposed.Roots:Any exposed roots shall be recovered the same day they were exposed. 7. Paving Within the Drip-line. Pervious surfacing is preferred within the drip-line of any oak.trees. 8. Compaction: Vehicles and all heavy equipment shall.not be driven under the trees, as this will contribute to soil compaction. 9. Existing Surface: The;existing ground surface within the dripline of all Oak trees • shall not cut,filled,compacted or pared, 10. Construction Materials aid`Waste:No liquid or solid excess or waste construction materials shall be dumped on the ground or into any area between the dripline of any Oak trees 1'l.Arborist Monitoring:During°construction an arborist shall bepresent when< encroaching within the driplinc of any Oak tree. 12. Pre-Construction Meeting: An on-site pre-construction meeting'with the Arborist, Owner, Planning Staff,and the earth moving team shall be required for this project. Prior to Final occupancy,a letter from the arborist shall be required verifying;the health/condition of all impacted trees and providing any recommendations for any additional mitigation. The letter shall'verify that the arborist was:on-site for all grading activity that,encroached into the dripline of the native trees, and that all work in these areas was done to standards and methods set by the arborist. Please call me ii'1 may be of any future assistance to you for this project. Steven G. Alvarez (certified Arborist#WC-051'7 140 ITEM NUMBER: B- 1 DATE: 04/13/04 Resolution B April 13,2004 Page 33 of 31 EXHIBIT M:Arborist Report ODy0) tri ,A•, wNsG m to N m z m.. m bb � ° 0 00 0m mN ?n m — o n o O Z O p A � m .Fa O a (0,C) � U z cn C � Vy � a - ;U C7 v 0 C> 0 m Q CA tJ O '0 Rl o o' V m OR TO C a C Z q t' m: ni 5 m { 11 TF "ry rtl' " a rn N p e a 0 U) x z o r Z" rX J A0 co 3 O rn..4 Oig i Z' z O 0 d O � � s a < c� Z Z Z Z mco — z mMmm (AZ ro c- Vm Z tm m A ] D A OO Z 3 .Z 0 3p Q m m 'dei � o A i m m m m z 141 ITEM NUMBER: B- 1 DATE: 04/13/04 ATTACHMENT 6: Draft Resolution C DRAFT RESOLUTION C A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP 2003-0038,A FIVE LOT MAP CONSISTENT WITH A PD-7 OVERLAY ZONE OF APN 029-292-044 (5680 ROSARIO, 5495 OLMEDA/MADRUGA) WHEREAS, an application has been received from Rodney Madruga (5495 Olmeda Ave, Atascadero, CA 93422), Applicant, 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 five lot residential Tentative Parcel Map on APN 029-292-044, 017 and, WHEREAS, the site's General Plan Designation is MDR (Medium-Density Residential); and, WHEREAS, the sites 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 laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS,a timely and properly noticed Public Hearing upon the subject Tentative Tract Map application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on March 16, 2004, studied and considered Tentative Tract Map 2003-0038, 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 April 13, 2004, studied and considered Vesting Tentative Tract Map 2003-0038, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project; and, 142 ITEM NUMBER: B- 1 DATE: 04/13/04 Resolution B April 13,2004 • Page 2 of 31 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 2003-0113). 4. The site is physically suitable for the type of development proposed. 5. The site is physically suitable for the density of development proposed. 6. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or • their habitat. 7. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision;or substantially equivalent alternative easements are provided. 8. The proposedsubdivision 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 April 13, 2004,resolves to approve Vesting Tentative Tract Map (TTM 2003-0038) subject to the following: 1. Exhibit A: Vesting Tentative Tract Map 2003-0038 2. Exhibit B: Conditions of Approval/Mitigation Monitoring Program. 143 ITEM NUMBER: B - 1 DATE: 04/13/04 Resolution B April 13,2004 Page 3 of 31 • 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 • 144 ITEM NUMBER: B- 1 DATE: 04/13/04 Resolution B April 13,2004 • Page 4 of 31 Exhibit A:Vesting Tentative Tract Map 2003-0038 i . {a ra rn sx 3 Z y > ua r "s ;p '• �. � I Fi -� -40 —44:'� $ � C�ti�"L � � � � ,.• nr r Ft�J'' a.tt Ilk pro+ ' y '� ea— I ... To "s R6SAR16 AVF Ir tIk �� 9 6•) .. :1 S t rrl I t.un@.t f J 11 F Y s e��rr r .nS �' /� i •. g S 4 a O: 1 145 ITEM NUMBER: B- 1 DATE: 04/13/04 Resolution B April 13,2004 Page 5 of 31 Exhibit B:Conditions Of Approval/Mitigation Monitoring Program Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring GP:Grading Permit PS:Planning BP:Building Permit Services 5680 Rosario Ave/5495 Olmeda Ave SIP:subdivision Bs:Building Vesting Tentative Tract Map Improvement Plans Services FM:Final Map FD:Fre Department TTM 2002-0038 TO:Temporary PD:Police Occupancy Department FI: Final inspection CE:City Engineer FO:Final Occupancy WW:Wastewater CA:City Attorney AMWC:Water Comp. Planning Services 1. The approval of this Tentative Parcel Map shall not FM PS become final and effective following approval of Zone Change 2002-0065 and CUP 2003-0113. 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 On going PS property located at (APN 029-292-044, 017) 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 Citys 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 fora period of 30 years and pay in-lieu 146 ITEM NUMBER: B- 1 DATE: 04/13/04 Resolution B April 13,2004 • Page 6of31 Conditions Of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring GP:Grading Permit PS:Planning 5680 Rosario Ave/5495 Olmeda Ave BP:Building Pent s SIP: Subdivision BS:BS:BuiBuilding Vesting Tentative Tract Map Improvement Plans services FM:Final Map FD:Fire Department TTM 2002 0038 TO:Temporary PD:Police Occupancy Department FI: Final inspection CE:City Engineer FO:Final Occupancy WW:Wastewater CA City Attorney AMWC Water Comp.- fees for the factional portion owed in excess of one unit, or pay an in-lieu fee based on 5.00% of the construction valuation of each of the market rate units. 9. All site development shall be consistent with the BP/FM PS maximum intensities described in the statistical project summary as shown on EXHIBIT E. 10. CC&R's shall include language, and a deed restriction shall be recorded on parcel one, which prohibits alteration of the drainage basin and/or historic property landscape buffer without written approval from the Community Development Director. Building Services • 11. 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 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 12. 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 Lots 1,2,and 3. Lot 4 shall provide a minimum of 12-foot wide paved access for the portion of the driveway located on parcel 4. Twenty-foot clear width may be provided with use of turf block or low-lying shrubs along the west side for emergency vehicle access. 13. The location of all existing and proposed fire FM CE hydrants shall be shown on subsequent building permit applications. 14. 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. 15. Address signage design shall be provided prior to FM CE . issuance of any subsequent building permits. 147 ITEM NUMBER: B-1 DATE: 04/13/04 Resolution B April 13,2004 Page 7 of 31 • Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring GP:Grading Permit PS:Planning 5680 Rosario Ave/5495 Olmeda Ave BP:Building Perrnit Services SIP: Subdivision BS:Building Vesting Tentative Tract Map Improvement Pians Services TTM 2002-0038 FM:Final Map FD:Fire Department TO:Temporary PD:Police Occupancy Department FI:Final inspection CE:City Engineer FO:Final Occupancy WW:Wastewater CA City Attorney AMWC:Water Comp. 16. Unit 4 shall be fire sprinklered,subject to the approval of the fire department. 1,7. 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 avers,and maintenance of the drainage facilities. 18. Fire lanes shall be delineated to restrict parking as FM CE required by the Fire Authority. City Engineer Site Specific Conditions 19. All public improvements shall be constructed in BP CE conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings and/or as directed by the City Engineer. 20, In the event that the applicant is allowed to bond for FM CE the public improvements required as a condition of the final map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 21. An engineer's estimate of probable cost shall be FM CE submitted for review and approval by the City Engineer to determine the amount of the bond. 22. The Subdivision Improvement Agreement shall FM CE record concurrently with the Final Map. 23. An encroachment permit shall be obtained prior to BP CE the issuance of building permit. 24. The applicant shall enter into a Plan BP CE Check/inspection agreement with the City., 25. A six (6) foot Public Utility Easement(PUE) shall be FM CE provided contiguous to the Rosario and Olmeda property frontage. 26. The applicant shall be responsible for the relocation BP CE and/or alteration of existing utilities. 148 ITEM NUMBER: B- 1 DATE: 04/13/04 Resolution B April 13,2004 • Page 8 of 31 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring GP:Grading Permit PS:Planning 5680 Rosario Ave/5495 Olmeda Ave BP:Building Perrrit Services SIP: Subdivision BS:Building Vesting Tentative Tract Map Improvement Plans e F DepartmentTTM 2002-0038 FM:Final Map as PD:Police Temporary Occupancy Department FI: Rnal inspection CE:City Engineer FO:Final Occupancy WW:Wastewater CA City Attorney AMWC:Water Comp. 27. The applicant shall install all new utilities(water, gas, BP CE electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 28. The applicant shall monument all property comers for BP CE construction control and shall promptly replace them if disturbed. 29. The applicant shall acquire title interest in any off-site BP CE land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions.The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 30. Slope easements shall be provided as needed to FM CE accommodate cut of fill slopes. 31. Drainage easements shall be provided as needed to FM CE accommodate both public and private drainage facilities. 32. A preliminary subdivision guarantee shall be FM CE submitted for review in conjunction with the processing of the map. 33. All existing and proposed utility,pipeline,open space, FM CE 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. 34. The final map shall be signed by the City Engineer FM CE prior to the map being placed on the agenda for City Council acceptance. 35. Prior to recording the final map, the applicant shall FM CE submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the . City's Subdivision Ordinance. 149 ITEM NUMBER: B- 1 Resolution B DATE: 04/13/04 April 13,2004 Page 9 of 31 • Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring GP:Grading Pernnt PS:Planning 5680 Rosario Ave/5495 01meda Ave BP:Building Perrnit Services SIP:Subdivision BS:Building Vestingp Tentative Tract Ma Improvement Services TTM 2002-0038 FM:Rn MapPlans FD:Fre Department TO:Temporary PD:Police Occupancy Department FI: Final inspection CE:City Engineer FO:Final Occupancy WW:Wastewater CA City Attorney AMWC:Water Comp. 36. Prior to recording the parcel map, the applicant shall FM CE set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced, 37. Prior to recording the tract map, the applicant shall FM CE pay all outstanding plan check/inspection fees. 38. Prior to recording the map, the applicant shall FM CE complete all improvements required by these conditions of approval. 39. Prior to recording the tract map, the applicant shall FM CE have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 40. Upon recording the final map, the applicant shall FM CE provide the City with a black line clear Mylar(0.4 mil) copy and a blue line print of the recorded map. 41. Prior to the final inspection of any public FI CE 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. 42. Prior to the final inspection,the applicant shall submit FI CE a written certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. 43. Prior to the issuance of building permits the applicant BP CE shall submit a grading and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. 150 ITEM NUMBER: B- 1 DATE: 04/13/04 Resolution B April 13,2004 • Pae 10 of 31 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring GP:Grading Permit PS:Planning 5680 Rosario Ave/5495 Olmeda Ave BP:Building Permit services SIP: Subdivision BS:Building Vesting Tentative Tract Map Improvement Plans services TTM 2002-0038 FM:Final Map FD:Fire Department TO:Temporary PD:Police Occupancy Department FI: Final inspection CE:City Engineer FO:Final Occupancy WW:Wastewater CA City Attorney AMWC:Water Comp. City Engineer Project Conditions 44. All frontage improvements shall be constructed on CE Rosario Frontage. Improvements shall include widening Rosario and constructing curb, gutter and decomposed granite path. . 45. Existing retaining wall shall be removed from right-of- BP CE way. Appropriate permits shall be acquired by applicant prior to constructing wall. 46. Drainage inlet shall be installed at comer of Rosario BP CE and Olmeda,and connected to new improvements. 47. A single detention basin shall be provided on the BP CE property. The detention basin shall be sized to • provide for a 50-year storm with a 2-year storm release. The outlet of the basin shall drain through a sidewalk underdrain. 48. A drainage easement for the detention basin shall be FM CE . provided. Drainage shall cross property lines only within drainage easements. Provide drainage easements along all proposed drainage paths. Wastewater Department Standard Conditions 49. Applicant shall pay sewer Extension (Annexation ), BP CE Connection and Reimbursement fees (if applicable) upon issuance of building permit. 50. Wastewater piping serving fixtures which have flood BP CE level rims located below the elevation of the next upstream manhole cover of the public or private sewer serving such wastewater piping shall be protected from backflow of sewage by installing an approved type backwater valve Fixtures above such elevation shall not discharge through the backwater valve 51. All wastewater piping outside of right-of-way shall be BP CE private. Atascadero Mutual Water Company 151 ITEM NUMBER: B- 1 DATE: 04/13/04 Resolution B April 13,2004 Pae 11 of 31 • Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring GP:Grading Pemrt PS:Planning 5680 Rosario Ave/5495 Olmeda Ave BP:Building Pertnit Services SIP: Subdivision BS:Building Vesting Tentative Tract Map Improvement Plans Services TTM 2002-0038 FM:Final Map FD:Fire Department TO:Temporary PD:Police Occupancy Department Fl: Final inspection CE:City Engineer FO:Final Occupancy WW:Wastewater CA City Attorney AMC:Water Corrp. 52. Before recordation of the final map,the applicant BP BS shall submit plans to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All new water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards(Code of Regulations Title , 22, Division 4,Chapter 16). All cross-connection devices shall conform to AWWA and California Department of Health Services standards. 53. Before the start of construction on the water system BP BS improvements,the applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC,the • applicant may enter in to a"deferred connection" agreement. 54. Before issuance of building permits,the applicant BP BS shall obtain a'Will Serve"letter from AMWC for the newly created lots within the subdivision. 55. Private easements may be needed for the private BP BS water service lines that serve parcels created by parcel map which do not fronton Rosario. Mitigation Measures BP PS 1.d.1 Mitigation Measure 1.d.1: If exterior lighting is proposed,it shall be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off,"hooded"lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 20-feet in height, limit intensity to 2.0 foot candies 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 3.b.1: The project shall be conditioned to BP BS 3.b.1 • comply with all applicable District regulations pertaining to the 152 ITEM NUMBER: B- 1 DATE: 04/13/04 Resolution B April 13,2004 • Page 12 of 31 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring GP:Grading Permit PS:Planning 5680 Rosario Ave/5495 Olmeda Ave BP:BuildingPemtit services SIP: Subdivision BS:Building Vesting Tentative Tract Map, improvement Plans Services FM:Final Map FD:Fire Department TTM 2002-0038 TO:Temporary PD:Police Occupancy Department FI: Final inspection CE:City Engineer FO:Final Occupancy WW:Wastewater CA City Attorney AMWC:Water Comp. control of fugitive dust(PM-10)as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment • Maintain all construction equipment in proper tune according to manufacturer's specifications. • Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders,cranes,loaders,scrapers,backhoes, generator sets,compressors,auxiliary power units, with ARB certified motor vehicle diesel fuel(Non- taxed version suitable for use off-road). • Maximize to the extent feasible,the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. Install diesel oxidation catalysts(DOC),catalyzed diesels particulate filters(CDPF)or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques • Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. • Schedule of construction truck trips during non-peak hours to reduce peak hour emissions. • Limit the length of the construction workday period, if necessary. • Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed(non- potable)water should be used whenever possible. C. All dirt stockpile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re-vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. 153 ITEM NUMBER: B-1 DATE: 04/13/04 Resolution B April 13,2004 Page 13 of 31 • Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring GP:Grading Permit PS;Planning 5680 Rosario Ave/5495 Olmeda Ave BP:Building PenTMt Ser" SIP: Subdvision BS:Building VestingTentative Tract Ma serviced P Improvement Plans TTM 2002-0038 FM:Rnal Map FD:Rre Department TO:Temporary PD:Police Occupancy Department Fl:Final inspection CE:City Engineer FO:Final Occupancy WW:Wastewater CA City Attorney AMWC:Water Comp. 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. L 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 aperson or persons to monitor the dust control program and to order increased watering, as necessary,to prevent transport of dust offsite. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 4.e.1: The building permit site plan shall GP PS,BS,CE 4.e.1 identify all protection and enhancement measures recommended by the Certified Arborist in the Tree Protection Plan.Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan. Mitigation Measure 4.e.2: The Precise Grading Plan shall GP PS,CE 4.e.2 identify tree protection fencing around the dripline of each existing on-site tree and/or native shrub mass within 20 feet of construction activity. Mitigation Measure 4.e.3: Grading and excavation and GP,BP PS,BS 4.e.3 grading work shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 154 ITEM NUMBER: B- 1 DATE: 04/13/04 Resolution B April 13,2004 • Page 14 of 31 Conditions of Approval/ Timing Responsibility MRigation Measure Mitigation Monitoring Program /Monitoring GP:Grading Permit PS:Planning 5680 Rosario Ave/5495 Olmeda Ave BP:Building Permit Services Vesting Tentative Tract Ma SIP:Subdivision BS;Building 9 P improvement Plans Services TTM 2002-0038 FM:Final Map FD:Fre Department TO:Temporary PD:Police Occupancy Department FI: Final inspection CE:City Engineer FO:Final Occupancy WW:Wastewater CA City Attorney AMC:Water Comp. 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 5. All trees within the area of work shall be fenced for protection with 4-foot chain link,snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an . approved tree seal. Mitigation Measure 4.e.4: The developer shall contract with a BP PS,BS 4.e.4 certified arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion,as follows: (a). A written agreement between the arborist and the developer outlining a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b). Arborist shall schedule a pre-construction meeting with engineering/planning staff,grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earthwork for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c). As specified by the arborist report and City staff: ■ Fencing: Must be a minimum of 4'high,chain link, and snow or safety fence,staked at the drip-line or line of encroachment for each tree or group of trees. Tree fencing shall be erected before demolition, grading,or construction begins and remains in place until final inspection of the project permit,except for work specifically required in the approved plans in which case the project arborist or Planning Staff must 155 ITEM NUMBER: B 1 DATE: 04/13/04 Resolution B April 13,2004 Page 15 of 31 • Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring GP:Grading Permit PS:Planning 5680 Rosario Ave/5495 Olmeda Ave BP:Building Parnit Services SIP: Subdivision BS:Building Vesting Tentative Tract Map Improvement Plans Services TTM 2002-0038 FM:Final Map FD:Fre Department TO:Temporary PD:Police Occupancy Department FI: Final inspect on CE:City Engineer FO:Rnal Occupancy WW:Wastewater CA City Attorney AMWC:Water Comp. be consulted. ■ Soil Aeration Methods`: Soils under drip-lines that have been compacted by heavy equipment and/or construction activities must be returned to their original state before all work is completed. Methods include water jetting,adding organic matter,and boring small holes with an auger(18"deep,24 apart with a 2-4 auger)and the application of moderate amounts of nitrogen fertilizer. The arborist shall advise. ■ Chip Mulch: All areas within the drip-line of the trees that cannot be fenced shall receive a 4-6"layer of chip mulch to retain moisture,soil structure and reduce the effects of soil compaction. ■ Trenching within the Drip-line: All trenching under • drip-lines of native trees shall be hand dug,augured or bored. All major roots shall be avoided whenever possible. All exposed roots larger than 1"in diameter shall be`clean cut with a sharp pruning tool and not left ragged. ■ Grading within drip-line: Grading should not encroach within the drip-line. If grading is necessary, construction of retaining walls or tree wells or other protection measures may be necessary to insure the survivability of the trees. Chip mulch 4-6"in depth may also be required in these areas. Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a ponding condition and excavations should not leave the tree on a rapidly draining mound. ■ Exposed Roots: Any exposed roots shall be recovered the same day they were exposed. • Paving within the Drip-line:, Pervious surfacing is required within the dripline of any oak trees. • Compaction: Vehicles and all heavy equipment shall not be driven under the trees,as this will contribute to soil compaction. • Existing Surfaces: The existing ground surface within the drip-line of all oak trees shall not be cut,filled, compacted or pared. • 156 ITEM NUMBER: B- 1 DATE: 04/13/04 Resolution B April 13,2004 Page 16 of 31 Conditions Of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring GP:Grading Permit PS:Planning 5680 Rosario Ave/5495 Olmeda Ave BP:Building Perms services SIP: Subdivision BS:Building Vesting Tentative Tract Map Improvement Plans Services FM:Final Map FD:Fire Department TTM 2002 0038 TO:Temporary PD:Polios Occupancy Department FI: Final inspection CE:City Engineer FO;Rnal Occupancy WW:Wastewater CA City Attorney AMWC:Water Comp. ■ Construction materials and waste: No liquid or solid construction waste shall be dumped on the ground within the drip-line of any oak tree. ■ Arborist Monitoring: During construction an arborist shall be present when encroaching within the dripline of any Oak tree. (d). Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction,and the construction-related tree protection measures are no longer required for tree protection. Mitigation Measure 5.a.1:The project shall provide a pavered driveway entrance to extend to the existing paving on the • adjacent parcel,consistent with the historic context of the neighborhood. Pavers shall be individually set and shall be bordered by a concrete mow strip. Mitioation Measure 5.a.2: Landscaping shall include shade trees in the front yards of the proposed units facing the historic colony home.A minimum of 2 trees(15-gallon size min)shall be installed within this area. Mitigation Measure 6.b.1: The grading permit application GP BS 6.b.1 plans shall include erosion control measures to prevent soil, dirt,and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.d.1: A soils report shall be required to GP PS,BS,CE 6.c.d.1 be submitted with a future building permit by the building department. Mitigation Measure 8.e.f.1: Should the disturbed area total GP PS,CE 8.e.f.1 one acre or greater,a Stormwater Pollution Prevention Plan (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. Should the area of disturbance total less than one acre in area,the applicant shall include methods of erosion control and temporary site runoff control,subject to the approval of the City Engineer. 157 ITEM NUMBER: B- 1 DATE: 04/13/04 Resolution B April 13,2004 Page 17 of 31 • Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring GP:Grading Permit PS:Planning 5680 Rosario Ave/5495 Olmeda Ave BP:Building Permit Sentices SIP:Subdivision BS:Building Vesting Tentative Tract Map Improvement Plans services TTM 2002-0038 FM:Final Map FD:Fire Department TO:Temporary PD:Police Occupancy Department FI: Final inspection CE:City Engineer FO:Final Occupancy WW:Wastewater CA:City Attorney AMWC:Water Comp. Mitigation Measure 8.e.f.2: The Building Permit application BP PS,CE 8.e f.2 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.3: The developer is responsible for BP PS,BS 8.0.3 ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices,citations, or stop orders Mitigation Measure 11.d: All construction activities shall BP,GP PS,BS 11.d 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. 158 ITEM NUMBER: C-1 DATE: 04/13/04 1918 1aa Atascadero City Council Staff Report- Community 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 159 ITEM NUMBER: C-1 DATE: 04/13/04 Gaal 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 sttrtattilre. Polity ,1: Reduce multifamily densities and increase single4arnily tat sizes as a"slope increases. Policy 5.2c Require hillside development mW subdivisions to bland 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 shapes,undergrounding of utilities" and erosion control. 2. Update-and maintain the Zoning Ordinance to require structures to be located below prorn tient ridgelines visible from City streets,when afternalive building sites are available_ 3. Update the Zoning Ordinance to include,standards for minimizing hillaidegrading, tats,fills,and ridgeline distuibance. 4. Prohibit development an slopes or greater, unless no otherfeasibla buildups site exists. Gerwal Flan Lmd Use,Open Spam and CkmwmaWn Elanwnf 5. New lots with slope averaging 30or greater are not pennitted except when they contain building envelopes with less than 20%average s (including driveways and leach folds) and"an the cr l:lon of suet'►parcels includes an offer of public dedication or aasement that would directly benefit City residents,and whom native tree impacts are minimal. fir. Require the building envelopes,driveways,leach fields with schematic grading plans to be provided for all lot lire adjustments, parcel recaps,and enact maps proposed can sites with slopes grestw than 10%. 7. The City shall require open space uses in hazard lands including those areas sutoet to inundation,high wiltland fire HsK high bets of seismic or other geological hazard as identified in the Safety Element 160 ITEM NUMBER: C-2 DATE: 04/13/04 leis i9 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. 161 ITEM NUMBER: C-2 DATE: 04/13/04 ATTACHMENTS: Hillside Grading Guidelines HillsideGrading 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 nur mme 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 gradingincluding 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 altemative 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 to the Planning Commission. 162 ITEM NUMBER: C-2 DATE: 04/13/04 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. Figure m Cut and fill pad guideline Natural Slope • Natural slopes are Landscape 1 Erosion under3Cr°�o • Landscape and irrigation plans prepared by a licensed professional are Olprovided for all resulting cut and fill slopes. IER • Erosion control plans are provided. , Flat Pad ■ Cut pad is reasonably related Native Trees to the sizes of the house • Native tree impacts footprint are minimal • Flatyard areas are minimized. i 163 ITEM NUMBER: C-2 DATE: 04/13/04 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 p. 4 ire 'kar t OAK WDOOLx y1Y� {yqi Retaining Walls Retaining walls should be used along driveways, cuts ` and fills to minimize impacts on native trees. Stem Wall Foundation • Used to minimize tree Mature Trees Impacts to native trees removals and tree impacts • surrounding the building pad should be minimized • 164 ITEM NUMBER: C-3 DATE: 04/13/04 • iais 19 Atascadero 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. Analysis: 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 access and existing use. Sites identified as prime commercial would not be eligible for consideration of either vertical or horizontal mixed use projects. Although the Home Depot site is designated CPK, which does not allow mixed use, it is on the Prime Commercial map to clarify that any General Plan Amendments would be contrary to City policy. The Dove Creek project is not included on the list based on the feedback staff received from the project study session in November 2003. Of the overall 66 acre site, the Dove Creek project proposes a six acre commercial site at the corner of EI Camino Real and Santa Barbara Road. The remaining 60 acres would be converted residential. It is staff's understanding that the Council is supportive of the 165 ITEM NUMBER: C-3 DATE: 04/13/04 overall 66 acre site, the Dove Creek project proposes a six acre commercial site at the corner of El Camino Real and Santa Barbara Road. The remaining 60 acres would be • converted residential. It is staff's understanding that the Council is supportive of the project description and that only the six acre part of the site is considered a Prime Commercial. FISCAL IMPACT: Potentially significant. Retail sales taxes is one of the City's largest sources of general fund revenues. Conversion of retail commercial land to residential has the potential to increase City service costs and decrease future sales tax revenues. The Prime Commercial map is proposed to mitigate the potential negative fiscal impacts of mixed use development." ALTERNATIVES: Council: 1. May modify the proposed guidelines and map. 2. May refer the guidelines back to staff for additional review. ATTACHMENTS: 1. Mixed Use Processing Policy 2. Prime Commercial Site Map 166 ITEM NUMBER: C-3 DATE: 04/13/04 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 • • 167 ITEM NUMBER: C-3 DATE: 04/13/04 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 Mixe:Use:projec]t with one story ccialretail store front • 168 ITEM NUMBER: C-3 DATE: 04/13/04 Mixed Use Application Processing Policy Mixed usero'ects are allowed b the p � y General Plan in the CR and CP zoning distracts. 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. Project sites identified as "Prime Commercial"would not be eligible to apply for either a vertical or horizontal mixed use project. Vertical Mixed Use Horizontal Mixed Use Vertical Mixed Use Horizontal Mixed Use Project in CR or CP zone Project in CR or CP zone Planned Development General Plan Amendment Overlay with Master Plan to Multi-Family of Development Required Residential Required 7$• 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 El Camino Real or Morro Road be amended to multi-family residential. 169 ITEM NUMBER: C-3 DATE: 04/13/04 Prime Commercial Sites The General Plan includes policy LOC 3.1.8 that 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. These sites are not eligible to apply for mixed use projects. 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 11. Northwest six(6)acre corner El Camino Real and Santa Barbara Road (Dove Creek) 12. Factory Outlets 170 r r z wrt. .r,� s oil :r� t +:i A 111-2 op IM f *4r_5 •��' "..• LIFym Iff { axeviHim :+ AN - �' • • s ITEM NUMBER: C-4 DATE: 04/13/04 n i9is ■ is e CAD�j Atascadero City Council Staff Report- Public Works Department Recycling and Green Waste Processing RECOMMENDATIONS: Council: 1. Authorize the City Manager to execute a contract with North San Luis Obispo County Recycling Inc for the handling and processing of recycling and green waste. 2. Direct Atascadero Waste Alternatives (AWA) to deliver all recycling and green waste to the North San Luis Obispo County Recycling Inc facility. . DISCUSSION: Background: Atascadero Waste Alternatives (AWA) AWA has a contract with the City to provide for the collection of solid waste, recycling and green waste from all residential and commercial accounts. The City has directed AWA to take all solid waste to Chicago Grade landfill. AWA currently takes all green waste to a facility in Templeton. AWA takes all recycling to their transfer facility on San Luis Ave. in Atascadero. The recycling material is stockpiled there and trucked to a processing facility, owned by the parent company of AWA, in Santa Maria. The City has the following issues over the operation of the transfer facility: • Outdoor storage of recycle material. The material is not protected from storm water and runoff from the pile flows onto adjoining properties and into the City storm drain system. The material recently caught fire and sent ash and smoke into the air. • Litter. This site is in a commercial area and of high visibility to the US-101 corridor. Litter is blown from the trucks and the pile around the site and onto adjoining properties and the right-of-way. 172 ITEM NUMBER: C-4 DATE: 04/13/04 • Visual impact. The visual impact of the site from US-101 and San Luis Ave. is poor. The curb, gutter and sidewalk is broken and in disrepair. The site fence is in poor shape and the pile of recycle material is unsightly. • Parking. Vehicles from the operations of the facility park on San Luis Ave. and in the Park and Ride Spots. This takes parking from other commercial businesses and the commuting public. Staff has been working with representatives from AWA to address these concerns. AWA has offered a plan to send all recycle material directly from pick up to a Paso Robles transfer facility, where it would then be sent to Santa Maria for processing. AWA has not finalized the arrangements for the Paso Robles transfer facility. AWA has also offered to pay the City $2,000.00 a month to allow them to continue to process the recycling and green waste. North County Recycling A new recycling and green waste processing facility, called North County Recycling, has opened in Templeton. The company has requested that Atascadero bring our recycling and green waste to that facility. AWA would collect the material and deposit it there for processing. North County Recycling has offered to pay the City $2.00 per ton for recycling and green waste material. Currently the City monthly recycle and green waste volume is • approximately 600 tons. That would mean $1,200.00 monthly to the City. Analysis: Listed below is a summery of the offers: Atascadero Waste Alternatives • Move transfer facility to Paso Robles. Material would still be trucked to Santa Maria. The arrangements for the Paso Robles transfer have not been finalized. • Pay City $2,000.00 per month base on the CRV value of bottles and cans. The CRV value is the amount the State pays to encourage recycling of cans and bottles. If the CRV value goes up or down the amount from AWA would go up or down accordingly. North County Recycling • Process recycling and green waste at an existing facility in Templeton. • Pay the City $2.00 per ton of recycling and green waste material (Approximately $1,200.00/month, base on current weight of 600 tons/month). OL 173 ITEM NUMBER: C-4 DATE: 04/13/04 Conclusion: Staff is recommending North San Luis Obispo County Recycling Inc. for the handling and processing of recycling and green waste. This facility could immediate handle the material and remove the stockpile from the San Luis Ave. site. This would also stop the trucking of the recycling material across the Cuesta Grade to Santa Maria. FISCAL IMPACT: Both offers would add funds to the General Fund of the City. • North County Recycling offer of approximately $1,200.00/month • AWA offer of $2,000.00/month ALTERNATIVES: Do not direct AWA to deliver all recycling and green waste to the North San Luis Obispo County Recycling Inc. facility. The stockpile and operation would remain on San Luis Ave. until AWA located a new transfer facility. i i 174