HomeMy WebLinkAboutAgenda Packet 04/27/2004 19 CITY OFATASCADERD
CITY COUNCIL
AGENDA
TUESDAY, APRIL 27, 2004
7:00 P.M.
Atascadero Lake Pavilion
9315 Pismo St.
Atascadero, California
REDEVELOPMENT AGENCY: 6:30 P.M.
• REGULAR SESSION: 7:00 P.M.
PLEDGE OF ALLEGIANCE: Mayor Luna
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.)
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1
APPROVAL OF AGENDA: Roll Call
PRESENTATIONS:
1. George Molina- Deed/Pine Mountain Open Space Property
2. Proclamation declaring May 10 - 14, 2004 - "Municipal Clerks Week."
3. Proclamation declaring May 15, 2204 - "National Police Week/Police
Memorial Day."
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 23, 2004
■ City Clerk recommendation: Council approve the City Council minutes
of the meeting of March 23, 2004. (City Clerk)
2. Single Family Planned Development #7 Zone Change 2003-0065
(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.
■ Recommendation: Council adopt on second reading, by title only, the
attached Draft Ordinance, enacting Zone Change 2003-0065 adding
the PD-7 zoning overlay district to an RMF-10 site.
B. PUBLIC HEARINGS:
1. Single Family Planned Development Zone Chanqe 2003-0071 - Master
Plan of Development (CUP 2003-0118) Vesting Tentative Tract Map
2003-0052 (5528 Tunitas Ave/5559 Rosario Ave/Mehring)
■ 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.
2 2
■ Planning Commission recommendations: Council•
1. Adopt Resolution A, certifying Mitigated Negative Declaration 2004-
0007; and,
2 Introduce for first reading, by title only, draft Ordinance A approving
Zone Change 2002-0071 based on findings; and,
3. Adopt draft Resolution B approving the Master Plan of
Development (CUP 2003-0118) based on findings and subject to
Conditions of Approval and Mitigation Monitoring; and,
4. Adopt draft Resolution C approving Vesting Tentative Tract Map
2003-0052, based on findings and subject to Conditions of
Approval and Mitigation Monitoring. (Community Development)
2. Weed/Refuse Abatement Program:
■ Fiscal impact: The City recovers costs for administering this program
through the 150%administrative fee, which is placed on the San Luis
Obispo County Special Tax Assessment for the fiscal year 2004-2005
Tax Roll.
■ Recommendations: Council adopt the draft Resolution, declaring
vegetative growth and/or refuse a public nuisance, commencing
proceedings for the abatement of said nuisances, and placing all
abatement fees on the San Luis Obispo County Special Tax
Assessment for the fiscal year 2004-2005 Tax Roll (Fire Department)
C. MANAGEMENT REPORTS:
1. West Front Village GPA 2003-0005 Zone Change 2003-0058 CUP
2003-0108 Tentative Tract Map 2003-0035 (West Front Properties)
■ Fiscal impact: The project would likely have a negative impact on City
revenues. As a general rule, conversion of commercial land use to
residential dwellings requires services that exceed the revenue
generated by the proposed uses. Staff has not analyzed the fiscal
impact of the project.
■ Staff recommendation: Council authorize staff to process the West
Front Village mixed use general plan amendment project application.
(Community Development)
2. EI Camino Real /Principal Avenue Mixed-Use GPA 2003-0008 Zone
Change 2003-0070 CUP 2003-0117 Tentative Tract Map 2003-004
(West Pac Investments)
■ Fiscal impact: The project would likely have a negative impact on City
revenues. As a general rule, conversion of commercial land use to
residential dwellings requires services that exceed the revenue
generated by the proposed uses. Staff has not analyzed the fiscal
impact of the project.
■ Staff recommendation: Council authorize staff to process the EI
Camino Real/Principal Avenue mixed use general plan amendment
project application. (Community Development)
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3. Morro Road Mixed-Use
• Fiscal impact: The project would likely have a negative impact on City
revenues. As a general rule, conversion of commercial land use to
residential dwellings requires services that exceed the revenue
generated by the proposed uses. However, the commercial/retail
component of the project would likely offset some of the residential
fiscal impact.
■ Staff recommendation: Council authorize staff to process the project
application. (Community Development)
D. ATTORNEY REPORTS:
1. Proposed Amendments to the Atascadero Municipal Code Pertaining
to Noise Standards, Amplified Noise and Cost Recovery
Fiscal impact: None has been identified.
Staff Recommendation:
Council introduce for first reading by title only, the draft Ordinance,
amending the Atascadero Municipal Code pertaining to noise
standards, outdoor amplified noise and cost recovery for noise
disturbances. (City Attorney)
2. Proposed Amendments to the Atascadero Municipal Code
Regulating Motorcycles as an Accessory Use and the Inclusion of
Cost Recovery
■ Fiscal impact: None has been identified.
■ Staff Recommendation:
Council introduce for first reading by title only, the draft Ordinance,
amending the Atascadero Municipal Code to regulate motorcycles as
an accessory use and to include cost recovery for police services.
(City Attorney)
E. COMMITTEE & LIAISON REPORTS: (The following represent standing
committees. Informative status reports will be given, as felt necessary):
Mayor Luna
1. Finance Committee
2. Integrated Waste Management Authority (IWMA)
3. County Mayor's Round Table
Mayor Pro Tem Scalise
1. Atascadero State Hospital Advisory Board (appointed by Governor)
2. Local Agency Formation Commission (LAFCO) (City Selection Committee
appointment)
4 4
3. S.L.O. Council of Governments (SLOCOG)/S.L.O. Regional Transit Authority
• (SLORTA)
Council Member Clay
1. Water Committees
Council Member O'Malley
1. Finance Committee
2. City/ Schools Committee
3. Air Pollution Control District (APCD)
4. League of California Cities Grassroots Network
5. Economic Vitality Corporation, Board of Directors (EVC)
Council Member Pacas
1. City/ Schools Committee
2. Atascadero Youth Task Force
F. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
2. City Clerk
3. City Treasurer
4. City Attorney
5. City Manager
G. ADJOURNMENT:
Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that
person may be limited to raising those issues addressed at the public hearing described in this notice, or in written
correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this
public hearing will be distributed to the Council and available for review in the City Clerk's office.
I, Marcia McClure Torgerson, City Clerk of the City of Atascadero, declare under the penalty of
perjury that the foregoing agenda for the April 27, 2004 Regular Session of the Atascadero City
Council was posted on April 20, 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 20th day of April 2004 at Atascadero, California.
G �-
Marcia McClure Torgerson, C.M.C., City C k
City of Atascadero
5$
City of Atascadero
WELCOME TO THE ATASCADERO CITY COUNCIL MEETING
The City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m., at th�
Atascadero Pavilion on the Lake, 9315 Pismo St., Atascadero. Matters are considered.by the Council in the order of the*
printed Agenda.
Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file
in the office of the City Clerk and are available for public inspection during City Hall Annex business hours at the Central
Receptionist counter and on our website, www.atascadero.org. An agenda packet is also available for public review at
the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be allocated a number once they
are approved by the City Council The minutes of this meeting will reflect these numbers. All documents submitted by the
public during Council meetings that are either read into the record or referred to in their statement will be noted in the
minutes and available for review in the City Clerk's office.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting
or other services offered by this City, please contact the City Manager's Office or the City Clerk's Office, both at (805)
461-5000. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in
assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
TO SPEAK ON AGENDA ITEMS
Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their
report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and
will request anyone interested to address the Council regarding the matter being considered to step up to the podium. If
you wish to speak for, against or comment in any way:
• You must approach the podium and be recognized by the Mayor
• Give your name and address (not required)
• Make your statement
• All comments should be made to the Mayor and Council
• No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other
individual, absent or present
• All comments limited to 5 minutes (unless changed by the Council)
• No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no
one may speak more than twice on any item.
If you wish to use a computer presentation to support your comments, you must notify the City Clerk's office at least 24
hours prior to the meeting. Access to hook up your laptop to the City's projector will be provided. You are required to
submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk before the
meeting begins to announce your presence and turn in the printed copy.
The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be
heard by the Council
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the
Council to:
• Please approach the podium and be recognized
• Give your name and address (not required)
• State the nature of your business
This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be
allowed for Community Forum (unless changed by the Council).
TO 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.
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Municipal Clerks Week
May 10 -May 14,_2004
WHEREAS, the Office of the Municipal Clerk, a time honored and vital part of local
government exists throughout the world,and
WHEREAS, the Office of the Municipal Clerk is the oldest among public servants, and
WHEREAS, the Office of the Municipal Clerk provides the professional link between the
citizens, the local governing bodies and agencies of government at other levels, and
WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and
impartiality, rendering equal service to all.
WHEREAS, the Municipal 'Clerk serves as the information center on functions of local
government and community.
• WHEREAS, Municipal Clerks continually strive
to improve the administration of the
affairs of the Office of the Municipal Clerk through participation in education programs,
seminars, workshops and the annual meetings of their state, province, county and international
professional organizations.
WHEREAS, It is most
app ropriate'that we recognize the accomplishments of the Office
of the Municipal Clerk.
NOW, THEREFORE, I, George Luna, Mayor of the City of Atascadero, do hereby
recognize the week of May 10 through May 14, 2004, as Municipal Clerks Week, and further
extend appreciation to our Municipal Clerk, Marcia McClure Torgerson, and to all Municipal
Clerks for the vital services they perform and their exemplary dedication to the communities they
represent.
WITNESS THE OFFICIAL SEAL OF
THE CITY OF ATASCADERO:
Dr. Georg una,Mayor
City of Atascadero, California
April 27, 2004
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NATIONAL POLICE WEEK
POLICE MEMORIAL DAY
MAY 15, 2004
%rHEREAS, Police Memorial Day was first established by Presidential Proclamation
in 1960 to commemorate all law enforcement officers who had given their life in the line of
duty;and
WHEREAS, since 1960, Police Memorial Day has been observed on May 15th and the
week in which Police Memorial Day falls has been proclaimed as "National Police Week";and
WHEREAS, law enforcement officers willingly perform hazardous duty to protect and
defend their community;and
• WIYEREA
S, the people of our nation and state should commemorate those officers who
have given their lives while providing service and protection to their community.
NOW, THEREPORE,as the Mayor of the City of Atascadero and on behalf of the City
Council I do hereby proclaim May 15,2004,as
POLICE MEMORIAL DAY
in Atascadero and do call upon,all citizens and law enforcement agencies to pay tribute to those
who have given the ultimate while protecting their community.
WITNESS THE OFFICIAL SEAL OF
THE CITY OF ATASCADERO:
Dr. George una,Mayor
• City of Atascadero, CA
April 27, 2004
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ITEM NUMBER: A- 1
DATE: 04/27/04
•
■i■ i ■
1918 i 1979
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- CITY OF ATA SCA DERO
CITY COUNCIL
DRAFT MINUTES
TUESDAY, MARCH 23, 2004
7:00 P.M.
REDEVELOPMENT AGENCY: 6:30 P.M.
CLOSED SESSION:
. (Immediately following Redevelopment Agency Meeting)
1. PUBLIC COMMENT - CLOSED SESSION: None
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
City Manager Wade McKinney announced no reportable action was taken.
REGULAR SESSION: 7:00 P.M.
•
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ITEM NUMBER: A- 1
DATE: 04/27/04
Mayor Luna called the meeting to order at 7:00 p.m. and Council Member O'Malley led
the Pledge of Allegiance. •
ROLL CALL:
Present: Council Members Clay, O'Malley, Pacas, Scalise and Mayor Luna
Others Present: City Clerk Marcia McClure Torgerson, Deputy City Clerk Grace
Pucci
Staff Present: City Manager Wade McKinney, Community Services Director Brady
Cherry, Administrative Services Director Rachelle Rickard, Public
Works Director Steve Kahn, Deputy Public Works Director Geoff
English, Community Development Director Warren Frace,
Redevelopment Specialist Marty Tracey, Deputy Community
Development Director Steve McHarris, Associate Planner Kelly
Gleason, Associate Planner Kerry Margason, Assistant Planner
Lisa Wilkinson, Fire Chief Kurt Stone, Police Lt. John Couch and
City Attorney Roy Hanley
COMMUNITY FORUM:
Pastor Steve Shiveley of Cavalry Chapel led those present in prayer.
Mark Cooper spoke about a letter he sent in December to the City Council and Planning
Commission regarding perceived benefits and impacts from development and read from
that letter.
Mayor Luna closed the Community Forum period.
APPROVAL OF AGENDA:
Mayor Luna suggested switching Item #13-2 and 3.
MOTION: By Council Member Pacas and seconded by Council Member
O'Malley to hear Items #13-1, then B-3 and then B-2.
Motion passed 4:1 by a roll-call vote. (Clay opposed)
MOTION: By Council Member O'Malley and seconded by Mayor Luna to
approve the remainder of the agenda.
Motion passed 5:0 by a roll-call vote.
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ITEM NUMBER: A- 1
DATE: 04/27/04
PRESENTATIONS:
• 1. Proclamation declaring April 2004, Month of the Child"
Mayor Luna read the Proclamation and presented it to Donna Lowe. Ms. Lowe thanked
the Council and spoke about the importance of quality childcare.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member O'Malley spoke about the League of California Cities sponsored
initiative to be on the November ballot. He encouraged everyone to sign the petition.
Mayor Pro Tem Scalise read from a resolution from University City, MO, (sister city built
by E.G. Lewis) in support of Atascadero as we recover from the earthquake.
A. CONSENT CALENDAR:
1. City Council Meeting Minutes February 24, 2004
■ City Clerk recommendation: Council approve the City Council minutes
of the meeting of February 24, 2004. (City Clerk)
2. Pine Mountain Transfer of Development Rights GPA 2003-0009/ZCH
. 2003-0073/DAG 2004-0001 Coromar Avenue ZCH 2003-0072/ZCH
2003-0074/CUP 2003-0129/TTM 2003-0041 Colima Road ZCH 2003-
0076/TTM 2003-0042 Ferrocaril Road-De Anza Estates CUP
Amendment 2003-0067/TTM 2003-0045 (Gearhart, Molina, Johnson)
■ Fiscal impact: The project would likely have a slight negative impact
on City revenues. As a general rule, single-family dwellings require
services that exceed the revenue generated by the proposed uses. In
addition, the retention of Pine Mountain as additional undeveloped
passive open space would likely have a slight negative impact on City
revenues.
■ Staff recommendations: Council:
1. Adopt on second reading, by title only, the attached Draft
Ordinance, enacting Zone Change Zone Change 2003-0073 based
on findings; and,
2. Adopt on second reading, by title only, the attached Draft
Ordinance, enacting Development Agreement 2004-0001 based on
findings; and,
3. Adopt on second reading, by title only, the attached Draft
Ordinance, enacting Zone Change Zone Change 2003-0072 based
on findings; and,
4. Adopt on second reading, by title only, the attached Draft
Ordinance, enacting Zone Change Zone Change 2003-0074 based
ron findings; and,
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ITEM NUMBER: A- 1
DATE: 04/27/04
5. Adopt on second reading, by title only, the attached Draft
Ordinance, enacting Zone Change 2003-0076 based on findings;
and,
6. Adopt on second reading, by title only, the attached Draft
Ordinance, amending the Zoning Map to designate Planned
Development overlay district 21 on parcel APN 049-163-013 and
049-163-015. (Community Development)
Jenny Corn pulled Item #A-2
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to approve Item #A-1.
Motion passed 5:0 by a voice vote.
Item #A-2: Jenny Corn stated her concerns regarding a developer's promise that
Ferrocaril would be closed to construction traffic, which has not been kept. She asked
that the City's agreement with the developer be negated, as he has not met the
condition.
Community Development Director Warren Frace gave Council an update on the street
closure and stated that staff would check and ensure that all access to Ferrocaril is
closed off.
MOTION: By Mayor Pro Tem Scalise and seconded by Council Member
Clay to approve Item #A-2. •
Motion passed 4:1 by a roll-call vote. (Pacas opposed) (Item
#A-2.1 Ordinance No. 439, Item #A-2.2 Ordinance No. 440, Item
#A-2.3 Ordinance No. 441, Item #A-2.4 Ordinance No. 442, Item
#A-2.5 Ordinance No. 443, Item #A-2.6 Ordinance No. 444)
B. PUBLIC HEARINGS:
1. General Plan Amendment 2003-0011, Zone Change 2003-0076
Conversion of 0.115 Acres of Commercial Use to Multi-family Residential
Use (5245 EI Camino Real/Stan Sherwin)
■ Fiscal impact: None
■ Plannina Commission recommendations: Council:
1. Adopt Resolution A recertifying Proposed Mitigated Negative
Declaration 2002-0044; and,
2. Adopt Resolution B approving General Plan Amendment 2003-
0011 based on findings; and,
3. Adopt Ordinance A introducing an ordinance for first reading by title
only to approve Zone Change 2003-0076based on findings.
(Community Development)
Council Member O'Malley stepped down from consideration of this item, stating he
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ITEM NUMBER: A- 1
DATE: 04/27/04
owns property near this project.
• Community Development Director Frace announced that due to a printing error,
Resolution B is missing from the agenda packet for this item. The resolution was
distributed to Council. (Exhibit A) Deputy Community Services Director Steve McHarris
gave the staff report and answered questions of Council
PUBLIC COMMENT
Mary Sherwin, applicant, asked Council to approve the project.
Mayor Luna closed the Public Comment period.
MOTION: By Mayor Pro Tem Scalise and seconded by Council Member
Clay to adopt Resolution A recertifying Proposed Mitigated
Negative Declaration 2002-0044; and, adopt Resolution B
approving General Plan Amendment 2003-0011 based on
findings; and, adopt Ordinance A introducing an ordinance for
first reading by title only to approve Zone Change 2003-0076
based on findings.
Motion passed 4:0 by a roll-call vote. (Item #B-1.1 Resolution
No. 2004-025, Item #B-1.2 Resolution No. 2004-026)
• Council Member O'Malley rejoined the hearing.
2. Single Family Planned Development Zone Change 2003-0036 Master
Plan of Development (CUP 2003-0087) Vesting Tentative Tract Map 2003-
0043 7755 Navaioa Ave (Huckobey, Emrich)
■ Fiscal impact: The project would likely have a slight negative impact on
City revenues. As a general rule, single-family dwellings require services
that exceed the revenue generated by the proposed uses.
■ Planning Commission recommendations: Council:
1. Adopt Resolution A certifying Mitigated Negative Declaration 2003-
0051; and,
2. Introduce for first reading, by title only, draft Ordinance A approving
Zone Change 2002-0036 based on findings; and,
3. Adopt draft Resolution B approving the Master Plan of Development
(CUP 2003-0087) based on findings and subject to Conditions of
Approval and Mitigation Monitoring, replacing Exhibit E with the
revised grading and drainage plan; and,
4. Adopt draft Resolution C approving Vesting Tentative Tract Map 2003-
0043 based on findings and subject to Conditions of Approval and
Mitigation Monitoring. (Community Development)
Deputy Community Development Director Steve McHarris gave the staff report and
answered questions of Council. Public Works Director Steve Kahn spoke about
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ITEM NUMBER: A- 1
DATE: 04/27/04
drainage issues on the project.
PUBLIC COMMENT •
Russ Thompson, applicant's representative, stated the drainage issue has been dealt
with, and that this area is changing and developing. The applicant agrees with the staff
report and is asking for Council's approval.
Garth Webb expressed his concern with the number of planned developments slated for
this area and the impacts they will bring to the neighborhood.
Colleen Brown spoke about her concerns with a two-story home going in very close to
her property line and the impacts to her neighborhood from the density of this
development.
Cory Meyers thanked the developer and staff for their work on the drainage in this area.
Alexander Rampone stated his concern with a lack of vision or theme in the
development of many neighborhoods in the City.
Tom Bolton stated his opposition to the project. He is concerned with traffic and parking
impacts as well as drainage onto his property.
Russ Thompson spoke about the project and its provision of affordable housing for
Atascadero.
Mayor Luna closed the Public Comment period.
Mayor Luna spoke about the project and its conversion from apartments to a small lot
subdivision. He does not support this project, as it does not provide adequate pubic
benefit.
MOTION: By Mayor Pro Tem Scalise and seconded by Council Member
Clay to adopt Resolution A certifying Mitigated Negative
Declaration 2003-0051; and, introduce for first reading, by title
only, draft Ordinance A approving Zone Change 2002-0036
based on findings; and, adopt draft Resolution B approving
the Master Plan of Development (CUP 2003-0087) based on
findings and subject to Conditions of Approval and Mitigation
Monitoring, replacing Exhibit E with the revised grading and
drainage plan; and, adopt draft Resolution C approving
Vesting Tentative Tract Map 2003-0043 based on findings and
subject to Conditions of Approval and Mitigation Monitoring
and change Condition No. 12 of the CUP to reflect the in-lieu
fees to 5 percent and Condition No. 8 of the Tract Map to
reflect the affordable housing.
Motion passed 4:1 by a roll-call vote. (Luna opposed) (Item
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ITEM NUMBER: A- 1
DATE: 04/27/04
#B-2.1 Resolution No. 2004-027, Item #B-2.3 Resolution No.
• 2004-028, Item #B-2.4 Resolution No. 2004-029)
3. Residential Second Unit Study Session
■ Fiscal impact: None
■ Staff recommendation: Council to provide direction. (Community
Development)
Community Development Director Warren Frace gave the staff report and answered
questions of Council
Mayor Luna suggested an amnesty program for those who might already have second
units, giving them the opportunity to come forward and enabling the City to better track
those units.
Council Member Clay read into the record a letter from Dr. Pat Schechter expressing
her support for second units and their importance to families. Additionally Council
Member Clay read a letter from the Housing Trust Fund in support of second units.
PUBLIC COMMENT
Sorrel Marks stated she would like to be sure the City's resources are not severely
impacted by second units, and does not believe they are the most effective means of
• achieving affordable housing goals.
John Heatherington spoke in opposition to the second unit proposal, which he feels is a
loophole for developers to build more units for sale. He is concerned about impacts to
the City's resources.
Sid Bowen stated that second units would provide the opportunity for affordable housing
for senior family members and the community in general and argued in favor of allowing
them.
Pamela Heatherington, Executive Director of the Environmental Center of San Luis
Obispo, urged the Council to do due diligence regarding environmental impacts of
second units and to consider the following issues: sewer versus septic, percolation
testing, one unit to be owner occupied, separate water hook ups and water meters,
creek impacts, groundwater supplies,and the use of trailers as second units.
Alana Reynolds questioned whether modular or mobile homes could be considered as
second units. She is in support of allowing second units for family members and as a
source of affordable housing for properties of an acre or more.
Mitch Paskin asked about similar laws in other cities and how many units have been
built in those cities.
i
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ITEM NUMBER: A- 1
DATE: 04/27/04
Doyle Scrivner stated he had tried to get a permit for a second unit but because he lives
outside of the General Plan area he was refused. He stated this was about taking care .
of elderly relatives and family members in need, and it is particularly appropriate in rural
areas.
Kathy Johnson stated the granny unit issue was out of control in the city where she
formerly lived. She supports second units in areas of one acre or more if impacts to the
community are considered first.
Rick Vannini expressed his concern with the City's control over the second units that
already exist.
John Goers raised several issues/questions regarding second units including: square
footage to be allowed,what is the actual need in Atascadero, would they be restricted to
family members only, and would services provided by the City be covered by building
fees for second units.
Eric Greening stated his opinion that more second units could possibly provide more
affordable rentals, but there is no analysis of the other side of the equation. He would
like to see a full environmental review for second unit projects, collectively.
Craig Dingman stated his concern that the need for public services would be increased
because of the distance from the property line for these units. He believes there should
be public review for individual requests for second units. •
Irene Bishop expressed the following concerns: there was some confusion regarding
tonight's hearing, the General Plan should not be changed by Council for this issue, and
anyone wanting to build a second unit should come before the Council for a variance.
She read a letter from Robert and Beverly Cardillo who were unable to attend tonight's
meeting and are opposed to allowing second units.
Gretchen Gray indicated she was concerned with the footprint of the second unit on lots
relative to the acreage and felt this should be set by the City.
Leon Korba stated he can see both sides of the argument on this, but was concerned
with increased demands on infrastructure.
Jim Carpenter spoke about his experience with trying to build a second unit. He urged
the Council to support second units.
Roger Lovegren spoke in support of second units and their importance for family
members.
Ted Miles spoke in support of providing second units for family members.
Jerry Lemoine spoke about prevention of ground water pollution from septic systems.
He also stated that second units are important for families. He suggested there be a •
CC Draft Minutes 03/23/04
Page 8 of 13
16
ITEM NUMBER: A- 1
DATE: 04/27/04
deed restriction that one of units be owner occupied.
• Joyce Zimmerman read a statement from Lynn and Ed Cabrerra supporting the current
General Plan as it relates to second units.
Randy Nelson expressed his support for second units for family members.
Gretchen Rekor urged Council to consider the amnesty program and to allow second
units where they fit into the city standards.
Carol Nelson-Selby stated her support for integrated infill and second units as long as
they meet setback and sewer issues. She submitted a written document regarding the
advantages of second units. (Exhibit B)
Jerry McDaniel stated he has built a second residence on a one-acre lot. He spoke in
favor of allowing second units for family members. The problem he sees is
incompatibility with some areas in the City, and felt 800 square feet is small if a
caregiver is needed.
Marguerite Bader, President of the League of Women Voters of SLO County, spoke in
favor of second units. She urged expansion of the requirement to less than one acre.
Richard Shannon stated that as a realtor he has seen many granny units converted to
rentals in Atascadero and has found owners do maintain the houses and get good
tenants. In his experience these units do not add a lot of value to the property, but he
supports the use of second units to help elderly family members.
Ann Hatch spoke about the responsibility to invest in the community and provide
affordable housing. She supports allowing second units with reasonable restrictions.
Joanne Main, representing the Chamber of Commerce, spoke in favor of affordable
work force housing. She would like to see second units expanded to the west side of
Atascadero.
John Neil, Atascadero Mutual Water Company, asked Council to consider what the
impact of expanding second units outside of the RSF-Y zone will have on water
resources.
Biz Steinberg, representing the Economic Opportunity Commission, spoke in support of
increasing low to moderate income housing options for the community. She asked that
Council look at expanding the areas where second units are allowed.
Scott Hallett, member of the Firefighters Association, spoke about the impact to City
services from increasing housing density.
Marvin Horowitz felt it was premature to consider second units at this time because all
• impacts have not been considered.
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17
ITEM NUMBER: A- 1
DATE: 04/27/04
Andrew Carter, volunteer member of the Board of the Workforce Housing Coalition, •
spoke in favor of second units as an affordable housing tool and for helping senior
family members. He urged Council to open this up to more areas in the City.
Valerie Godfrey with her daughter Bridgett spoke in favor of allowing second units as
they afford families many options.
Joel Clay stated that water use and septic would be the same if there were a second
unit or just another family member in the main house. It has been his experience that
second units used as rentals do not pencil out.
Greg Slane expressed his support of second units for family members.
Brian Nutt felt rental units on properties were not a bad thing, as they help offset the
cost of the primary residence, and this could open the market to younger buyers in the
community.
Geraldine Brasher read a letter from David Crouch in opposition to allowing second
units on all single family lots in Atascadero. (Exhibit C) Ms. Brasher expressed her
support for the amnesty idea and providing space for family members on a case-by-
case basis.
Dave Garvay questioned why the proposed line stopped at San Rafael when there are
large parcels on the other side that could support a second unit. He spoke in favor of
second units for family members and for expanding it to larger parcels.
Carl Warmood spoke about an elderly parent who would like to move in with him,
however he only has a 3/4 acre property. Because of this, she will be in the house
instead of a second unit, and the impacts to water and sewer would be the same.
Mayor Luna closed the Public Comment period.
MOTION: By Council Member Clay and seconded by Council Member
O'Malley to go past 11:00 p.m.
Motion passed 3:2 by a roll-call vote. (Pacas, Luna opposed)
Mayor Luna recessed the hearing at 11:03 p.m.
Mayor Luna called the meeting back to order at 11:09 p.m.
Mayor Luna suggested giving input to staff on second units, do the emergency
resolution and continue the rest of the agenda items.
i
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18
ITEM NUMBER: A- 1
DATE: 04/27/04
Motion: By Mayor Pro Tem Scalise and seconded by Council Member
Clay to give input to staff on second units,do the emergency
• resolution and continue the remainder of the agenda items.
Motion passed 5.0 by a roll-call vote.
Each Council Member and Mayor Luna summarized their ideas regarding second units.
Council Member Pacas also submitted her ideas in written form. (Exhibit D)
The following is a summary of items related to second units on which Council reached
consensus:
■ Allow second units on all residential lots 1 acre or more with septic or sewer
■ Allow second units on lots less than one acre with sewer only on SFR lots
■ Foot print percentage restriction on second units, 1000 sq ft maximum
■ Restrictions on how driveways connect to streets with direction to look at Paso
Robles' ordinance
■ Amnesty Program for second units
■ No additional impact studies needed
■ Cost recovery on amnesty program
■ No study of fiscal impacts of second units
■ No additional restrictions on second units related to creek set backs, development
in flood areas and on difficult soil areas.
■ No additional setbacks for second units beyond what the primary unit setbacks are
■ No additional traffic mitigation requirements for second units
• • No study on the water issue
■ Borrow heavily from Paso Roles' ordinance
■ No increase to the enforcement of regulations on second units
■ No second units in Planned Developments without amending the master plans
■ No restrictions for owner occupied
■ No second units allowed in mobile homes and trailers
■ Prevent subdivision on lots with second units
■ Restrictions on architectural character and height
■ One secondary unit per qualifying lot
■ Restrictions or requirements for private open space/landscape design
■ No additional requirements to limit grading and native tree removals
■ No requirement for guest house and its parking to be built near the main house
■ This next goes to Planning Commission then back to Council
C. MANAGEMENT REPORTS:
1. General Plan Policy Review Hillside Preservation Goals and Policy
■ Fiscal impact: None
■ Staff recommendation: Council to provide direction. (City Manager)
This item was continued.
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19
ITEM NUMBER: A- 1
DATE: 04/27/04
2. City Council Policy Hillside Grading Guidelines
■ Fiscal impact: None •
■ Staff recommendation: Council approve the attached Hillside Grading
Guidelines. (City Manager)
This item was continued.
3. City Council Policy Mixed Use Development Processing
■ Fiscal impact: None
■ Staff recommendations: Council•
1. Approve the attached Mixed Use Development processing policy.
2. Adopt the attached Prime Commercial site map. (City Manager)
This item was continued.
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)
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to adopt the draft Resolution continuing in full
force and effect the resolutions declaring the existence of a
state of emergency and directing the City Manager to take
direct and immediate acts to repair or replace public facilities
and authorize the mayor to execute it and changing the March
9th date to cover this period of time.
Motion passed 5.0 by a roll-call vote. (Resolution No. 2004-030)
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20
ITEM NUMBER: A- 1
DATE: 04/27/04
E. ADJOURNMENT:
• Mayor Luna adjourned the meeting at 12:09 a.m. to the next regularly scheduled
meeting of the City Council on April 13, 2004.
MEETING RECORDED AND MINUTES PREPARED BY:
Grace Pucci, Deputy City Clerk
The following exhibits are available for review in the City Clerk's Office:
Exhibit A— Resolution B, Item #B-1
Exhibit B — Carol Nelson-Selby, memo to Planning Commission
Exhibit C— David Crouch, letter
Exhibit D — Council Member Pacas, summary of second unit issues
•
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21
i
ITEM NUMBER: A-2
DATE: 04/27/04
Is" ■ is e
Atascadero City Council
Staff Report - Community Development Department
Single Family Planned Development #7 Zone Change 2003-0065
(Rosario, Olmeda Ave/Madruga)
RECOMMENDATION:
Council adopt on second reading,g, by title only, the attached Draft Ordinance, enacting
Zone Change 2003-0065 adding the PD-7 zoning overlay district to an RMF-10 site.
DISCUSSION:
The proposed project consists of a zoning map change for the purpose ofp lacin a
• PD-7 overlay zone over the subject site (currently zoned RMF-10) with g a
corresponding master plan of development (CUP) that would allow a 5-unit single-
family residential development on the 0.65-acre site.
On April 13, 2004, the City Council conducted a public hearing to consider an
amendment of the Official Zoning Map of Atascadero consistent with the Master Plan of
Development for PD-7.
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 e revenue generated by the
proposed uses.
ATTACHMENTS: Attachment 1: Draft Ordinance A
22
ITEM NUMBER: A-2
DATE: 04/27/04
ATTACHMENT 1: 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,
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);
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,
23
ITEM NUMBER: A-2
DATE: 04/27/04
.
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 on second 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.
i
24
ITEM NUMBER: A-2
DATE: 04/27/04
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
i
25
ITEM NUMBER: A-2
DATE: 04/27/04
• Exhibit A: Zone Change Map
ZCH 2003-0065
`- ... Projects Site:
- Olmeda/Rosario Ave.
W
f(I
l
/I
y
i
Existing Designations:
General Plan: MDR
Zoning District: RMF-10
Proposed Designations:
General Plan: MDR
Zoning District:RMF-10/PD-7
•
26
ITEM NUMBER: B-1
DATE: 04/27/04
i9ia ■ 1979
Atascadero City Council
Staff Report Community Development Department
Single Family Planned Development Zone Change 2003-0071,
Master Plan of Development (CUP 2003-0118)9
Vesting Tentative Parcel Map 2003-0052
5528 Tunitas Ave., 5559 Rosario Ave.
(Mehring)
RECOMMENDATIONS:
Planning Commission Recommends: Council:
1. Adopt draft Resolution A certifying Mitigated Negative Declaration 2004-0007;
and,
2. Introduce for first reading, by title only, draft Ordinance A approving Zone
Change 2002-0071 based on findings; and,
3. Adopt draft Resolution B approving the Master Plan of Development (CUP 2003-
0118) based on findings and subject to Conditions of Approval and Mitigation
Monitoring; and,
4. Adopt draft Resolution C approving Vesting Tentative Tract Map 2003-0052
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 Vesting Tentative Parcel 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 three (3) new single-family residences to be constructed, and
one existing residence to be relocated on the project site. The project is subject to
architectural, landscape, and site design standards.
27
ITEM NUMBER: B-1
DATE: 04/27/04
It
S uationn
a d Facts:
1. App p Applicant/ Representative: William Mehrin
g
11190 Santa Lucia Rd, Atascadero, CA 93422
2. Project Address: 5528 Tunitas Ave/5559 Rosario Ave., Atascadero, CA
93422 (San Luis Obispo County) APN 029-081-010
3. General Plan Designation General Plan Designation: MDR (Medium-Density
Residential -10 units/acre)
4. Zoning District: RMF-10 (Residential Multiple Family)
5. Site Area: 0.56 acre
6. Existing Use: Single-family Residence
7. Environmental Status: Proposed Mitigated Negative Declaration 2004-0007
DISCUSSION:
Background: On April 7, 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 6-0 vote:
Proiect Definition: The proposed project consists of three 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 approximately 2000 and 2700
square feet in living area. Each home will also include a 400 square foot attached
garage and two uncovered guest parking spaces:
Each unit is consistent with the PD-7 requirement of providing a minimum 40% parcel
landscaping and building footprints of less than 35% of the parcel area. A Master Plan
of Development will include all site development and architectural design standards for
the project. The Master Plan of Development will be approved in the form of a
Conditional Use Permit as required by the Zoning Ordinance. Any future amendments
to the Master Plan of Development can be made by the Planning Commission in the
future, independent of Council action.
28
ITEM NUMBER: B - 1
DATE: 04/27/04
Project Summary Table
Lot Area 6611 sf 7605 sf 9619 sf 7260 sf
Building Footprint 1775 sf 2685 sf 1186 sf 1183 sf
(not to exceed 35%) 270/0 35% 12% 16%
Landscaped Area 4766 sf 4420 sf 4930 sf 4826 sf
(minimum 40%) 72% 58% 51 % 66%
Covered Parking 2 spaces 2 spaces 2 spaces 2 spaces
Guest Parking 2 spaces 2 spaces 2 spaces 2 spaces
Lower Living Area 1143 sf 2245 sf 1218 sf 1204 sf
Upper Living Area 860 sf 0 sfJ 841 sf1 860 sf
Garage 431 sf 440 sf1 473 sf1 431 sf
Existing Setting:
r
Project Surrounding Land Use and Setting:
Site
1 1/
it North: Multi-family Residential
South: Multi-family Residential
1
} East: Multi-family Residential
Z West: Residential Single-family
y
The General Plan and Zoning Ordinance identifies the project site, along with adjacent
properties to the north, south, and east as Medium-Density Residential with a maximum
density of 10 dwelling units per acre. The sites directly adjacent to the subject site
consist of both multi-family developments and single-family homes. Properties to the
west are designated as Residential Single-family and are currently developed with
single-family residences. 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.
29
ITEM NUMBER: B- 1
DATE: 04/27/04
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. 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 and PD Benefit requirements.
The project has been designed with one and two story single-family residences that
incorporate a variety of architectural styles to blend with the existing neighborhood
along Rosario Ave. and Tunitas Ave. The existing home is a single story ranch style
home that will be relocated, partially demolished, and reconstructed to comply with PD-
7 standards. Each home will incorporate unique floor plans, building materials, and
styles to integrate with the existing neighborhood, ranging from wood sided to stucco
designs.
The PD-7 standards require that the second story of all residences be no greater in
gross area than 75% of the gross lower floor area. Due to the slope of the parcel, this
standard cannot be met for the residences fronting Rosario Ave. A finding has been
included that the topography of the site warrants exception to the lower to upper floor
ratio standard for the Rosario Ave. lots. All residences include covered porches. Front
setbacks are designed to be a minimum of 20-feet from the right-of-way. All garages are
setback 5-feet from the front building fagade or porch element. 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).
•
30
ITEM NUMBER: B- 1
DATE: 04/27/04
• Lot 1 Front Elevation
El
=,h 7 ELEvATIQN
-a pLI
NORTH SLEVATION
• Lots 2 Front Elevation
a W — - -
LE I j
SOL;,THELEVATON.
� nml
ilC2,-,Fl 1F E VATEO19Oil-
T
31
ITEM NUMBER: B- 1
DATE: 04/27/04
Lot 3 Front Elevation •
_ � e-vs°a------------- -----•_-- - - - -4"—`
,
� _. -- _
- :.
EAST ELL-VAn6N NORTH EtEtfATtOh
---------------
t;4
r� -
�.._� _- 00 -
,NEST ELFVKTfON ,•.•• ":SOUTH EIEYAnflN
Lot 4 Front Elevation
• I
n's
EAST E.LWVAT`Oh
BjLL
The applicant has included sample elevations illustrating color and material schemes. •
p 9
Refer to Exhibit K for details.
32
ITEM NUMBER: B- 1
DATE: 04/27/04
• Landscape Design: The Preliminary landscape plan has been designed for compatibility
with the surrounding neighborhood and visual appearance from Rosario and Tunitas
Avenues. The plans identify landscaping throughout the site including rear yard shade
and screening trees. Mature oak trees exist along both the Rosario Ave. and Tunitas
Ave. frontage. The preliminary landscape identifies one additional street tree along each
frontage.
All front yard landscaping and rear yard shade and screening trees shall be installed by
the developer (Condition PD 9). Back yards will be landscaped by the individual
property owners. All landscape maintenance will be the responsibility of the individual
property owner.
Tree Removals: The proposed site design includes the removal of four native oak three
measuring 32 total dbh. The trees are obstructing proposed improvements that cannot
be reasonably redesigned to avoid removal of the tree. The Planning Commission
recommends the installation of 11 15-gallon live oak trees on-site in compliance with the
Atascadero Native Tree Ordinance.
Evergreen Native Trees(inches) Deciduous Native Trees(inches) Totals
dbh notes dbh notes
1 0-inches 1 13-inches
2 2 13-inches
3 3 6-inches
4 4
5 5
6 6
Total 0-inches Total 32-inches 32-inches
Mitigation Requirement
req'd tree replacements: 0 five gal trees req'd tree replacements: 21 five gal trees 21 five gal trees
Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees
0 fifteen gal trees 11 fifteen gal trees 11 box trees(24")
Remaining Mitigation 0 five gal trees Remaining Mitigation -1 five gal trees -1 five gal trees
Tree Fund Payment: $ Tree Fund Payment: $ (33.33) 1 $ (33.33)
Site Plan, Circulation, and Parking: The site plan meets the requirements of the
Atascadero Municipal Code and the General Plan. The project will include street
frontage improvements along Tunitas Avenue. Two residences will take access off of
Rosario Ave and two will take access off of Tunitas Ave. Each residence will have a
private driveway where two guest parking spaces will be accommodated.
Site Drainage: On-site storm water detention is accommodated on individual basins in
the rear yards of parcels 1 and 4.
•
Wastewater: Sanitary sewer will be connected to the existing Tunitas Ave sewer line.
33
ITEM NUMBER: B- 1
DATE: 04/27/04
Affordable an interim •
ab a and Workforce Housing: The City . Council has
inclusionary affordable housing program to include a fixed percentage of units within
residential developments that require a legislative approval to be reserved as deed
restricted affordable units or a in-lieu fee to be collected. 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 12/TPM 8).
According to the San Luis Obispo County Department of Planning & Building, a 3-
bedroom moderate level affordable unit only qualifies if the sales price does not exceed
$315,255 or the rent does not exceed $1,403 per month with a 30-year deed restriction
commitment and a two-bedroom moderate unit only qualifies if the sale price does not
exceed $262,752 or the rent does not exceed $1,008 per month with a 30-year deed
restriction. These numbers are subject to change_as they are adjusted monthly.
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 14/TPM 9)
Vesting Tentative Tract Map: A four-lot parcel map is proposed as part of the project
consistent with the Master Plan of Development. The parcel map has been conditioned •
by staff and the City Engineer to meet all City standards including street frontage
improvements along Tunitas Ave.
Master Plan of Development (Conditional Use Permit): A Master Plan of Development is
required for the PD-7, to be approved through the Conditional Use Permit process. The
Planning Commission must make the following five findings to approve a Conditional
Use Permit:
1. The proposed project or use is consistent with the General Plan and the City's
Appearance Review Manual.
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
34
ITEM NUMBER: B-1
DATE: 04/27/04
• 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. A variety of architectural styles and individual driveways
are consistent with the development pattern of the surrounding neighborhood.
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 6 units on the
• project site.
Based on staff's analysis in the preceding sections, and with the incorporation of the
project conditions, it appears that all of the required findings for approval of a Master
Plan of Development (Conditional Use Permit) can be made.
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." The table shown below outlines the Council policy on Planned
Development benefits. The applicant has also provided justification statement related to
the benefits of the proposed project (Attachment 2). The Planning Commission found
the project to be consistent with the required Tier 1 Benefits and no Tier 2 Benefits were
applicable.
PD Location Tier 1 Benefits Tier 2 Benefits
Inside of Urban Core a) Affordable/Workforce Housing
PD-7 b) Hiah Quality Architectural Design s
D-17 c) Quality Landscape Design
6�ste�-�-8s
d) Not Applicable;
• e) Higher density o meet Housing Element
35
ITEM NUMBER: B- 1
DATE: 04/27/04
0
The applicant will provide in-lieu fees for affordable housing and that the project as
proposed offers a higher density development than exists currently. The Planning
Commission found, the landscape plan and residential home design for lots 2, 3, and 4
present a design quality consistent with the Planned Development overlay standards.
Planning Commission is recommending that the architectural features for lot 1 be
revised to create a higher quality design appearance appropriate to the chosen theme
and as consistent with the surrounding neighborhood (Condition 6). The included
condition gives the applicant a choice in emphasizing the Mediterranean design theme
or revising the exterior to include clapboard siding consistent with the residence
proposed for lot 4.
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 require appearance review of architectural
design, materials, street trees, and landscaping to maintain the retain the rural
atmosphere, protect the environment, and incorporate architectural themes into the site
and building design. As analyzed above, the proposed project as conditioned is
consistent with the General Plan.
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 four 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 proposed
project provides a high quality infill development within the City's urban core area. The
36
ITEM NUMBER: B- 1
DATE: 04/27/04
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
March 19, 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. A finding is proposed that this project would
not have a significant effect on the environmentbased upon the implementation of the
identified mitigation measures.
Conclusion: The proposed project is consistent with the minimum standards set forth in
the General Plan and Atascadero Municipal Code for a Planned Development #7
overlay, as analyzed within this staff report. The City Council must find that the project
offers benefits that justify the modification to multi-family development standards,
allowing for subdivision of the parcel and individual ownership of the resulting lots. The
Planning Commission finds 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. Council may make modifications to the project and/or conditions of approval for
the project.
2. 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. 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.
i
37
ITEM NUMBER: B-1
DATE: 04/27/04
ATTACHMENTS: •
Attachment 1: Location Map, Zoning and General Plan
Attachment 2: Planning Commission Meeting Minutes
Attachment 3: Applicant project justification letter
Attachment 4 Draft Resolution A - Proposed Mitigated Negative Declaration
Attachment 5: Draft Ordinance A - Proposed Zoning Map Change
Attachment 6: Draft Resolution B- Proposed Master Plan of Development
Attachment 7: Draft Resolution C - Proposed Vesting Tentative Parcel Map
38
ITEM NUMBER: B- 1
DATE: 04/27/04
• Attachment 1: Location Map,General Plan and Zoning
1
Project $ tb
f
r- Site
1r ,
1
T. I
• u
Existing Designations:
-General Plan:Medium Density Residential
-Zoning District:Residential Multi-Family- 10
Proposed Designations:
-General Plan:Medium Density Residential
-Zoning District:Residential Multi-Family— 10 w/PD-7
overlay
39
ITEM NUMBER: B- 1
DATE: 04/27/04
Attachment 2: Planning Commission Meeting Minutes •
Meeting Minutes for the April 7,2004 Planning Commission Meeting are available at City Hall or can be reviewed on
the City's website:www.atascadero.org.
•
40
ITEM NUMBER: B- 1
DATE: 04/27/04
Attachment 3: Applicant project justification letter
February 27,2004
To who it may concern:
I am writing to indicate why a proposed subdivision on Tunitas/Rosario Drive is
important to the people ofAtascadero;
City leaders must provide housing for current residents and potential residents of out city.
Housing was available for my family and me and for all of you when you or your parents
came to Atascadero. Our population in the state of California will continue to grow as
long as people-are.having more than 2 children per couple, it is the responsibility of our
city leaders to create housing possibilities. The state is mandating county growth of 2.3°la
to keep up with the state's population needs. This subdivision is part of the solution to
meet these growth needs; This ensures the state funding the City of Atascadero is
entitled to:
The recently approved General flan has changed the zoning along Tunitas to increase
density. This project answers that call for increasing density, in this area. This project
creates housing in an area where you indicated with the General Flan changes that you
• want housing to he. This zoning change has put into place mechanisms for keeping this
older part of town from becoming run down. My project does not call for high-density
rental apartment units but provides 34 bedroom homes for Atascadero residents end
workers. This project will provide a nice mix to the neighborhood keeping the
characterofthis area beautiful and well maintained. 1'm,sure'this is an important factor
to you as well:.
One of the most important features of this project is that is decreases the,subdivision of
our green open spaces in the surrounding<area. l believe all city planners look to infill
existing low-density areas in the city centerbefore moving to the surrounding open space
outside of town. This concept is vital formarty reasons. First,as development doves
outward,tate heart of our city dies. Just when Atascadem is trying so,hard to revitali=
our downtown;and keep people and business in the arca,this pmject genes hand in hand
with that,providing housing close to the city center. If you create subdivision in the
agricultural lands further front the city center,you must then provide the infrastructure
for more people living there. This means building new roads,fire and police stations,
septic and water systems,and utilities. The list goes on and on. We also must consider
the further people live away from the city services,the more they have to drive and this
impacts our air quality. This project on TunituvRosario does not create any of these
additional costs nor does it destroy our green belt.
Another significant benefit of the subdivision is the cost of the housing. 1 have attended
many meetings where the issue of affordable housing is discussed. The quickest way to
create higher cost housing is to stop building houses. The best to stop the skyrocketing
housing prices is to allow more subdivisions,hopefully as infill projects. Everyone
41
ITEM NUMBER: B - 1
DATE: 04/27/04
Attachment 3: Applicant project justification letter •
knows the law of supply and demand. This project is perfect to address affordable
housing,close to the city center without disturbing open space.
The homes proposed in this project are for working families. These.kinds of houscs,are
in short supply: 'These ate not upper end or retirement:homes but for people that are
raising a family and need an affordable place to live: I know it is your desire and your
job to provide this kind of'housing'in Atascadero:
The homes in this subdivision are guaranteed by your process to be nicer homes. l'have
worked.to design the homes to the specifications creating the look your planning
department desires. This has increased my costs to be sure which does not please me
but I am willing to do as asked in trade. Some of those designrequirements with
subsequent cost increases to me include usage of an upper end siding.material
(Flard plank),extensive stucco relief work around the windows and doors,tile roof,
multiple gables,pop outs,:balconies,outside and inside patios,and a different roof
design.. It is imperative,however,that all these regulations do not make the cost of
the houses so expensive', This will defeatthe purpose of providing affordable housing
for the people of Atasccadem. I ask you to be mindful of this. I have.made many
concessions to the city planners to ereate a project we canall agree on. I have paid tar
many revisions to plans and engineering and this has all been a long and expensive
process but I have done my part to bring to you the final product. .
TI'his.project is going to pay for improvements that have historically been paid forhy the
city. Many have never even occurred in this part of thecity before. For example,this
project includes installing curbs,gutters and-sidewalks on Tunitas Road. This will be
one of the first homes on the street to have this improvement. There are only a few
others that will have this as they are developing through the PD-7 process.
I have done many alterations tothe plans tadecrease site disturbance,I have made the 3
new homes as 2 story residences to decrease the size of the footprint. This increase open
space;playing space and decreases'drainage problems.. i have worked around the
beauti f'ul existing trees to create the least impact. I have to removert few small trees
but will be replanting in excess of the city's required initigation requirements.
The greatest monetary gain for you will come:after the subdivision ofone.house
purchased and taxed at 1994 prices:to 4 houses being purchased at-1005 prices, The
new appraisal will increase your income stream on this pareeI 10 fold, That isn't just 10
fold this year but year after year after year. The new property owners will.pay to you in
taxes the cost of home in approximately 50 years. This means that if these homes
sell for$450,000.00,the county will collect approximately$2,0110,000.00 in the next 55
yearn That is$2,000,000.00 for schools,road,public safety,libraries and water
projects. All this will be achieved from I subdivision in one of the most desirable arm
for a subdivision in the cityof Ataseadero.
I have conformed to all the requirements assigned by the city planners and engineers at
great expense: The project reflects this in layout,style,and architectural beauty. I
42
ITEM NUMBER: B- 1
DATE: 04/27/04
. Attachment 3: Applicant project justification letter
will be contributing financially to your mandate for low cost housing fees. 1 will be
participating in the fee increases for development and.installing city improvements of
curbs,gutters and sidewalks on Ttmitas Road. I have done this project as you have
asked and 1 have fulfilled the needs of people looking for affordable housing in
Atascadero. All of these factors contribute to the value of this subdivision keeping,
our city and particularly our downtown area healthy and prosperous. 1 bring these
opportunities to you with this PD-7 subdivision project:
Sincerely,
William Mehring
•
43
ITEM NUMBER: B- 1
DATE: 04/27/04
ATTACHMENT 4: Draft Resolution A •
DRAFT RESOLUTION A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA,CERTIFYING PROPOSED MITIGATED
NEGATIVE DECLARATION 2004-0007 PREPARED FOR ZONE
CHANGE 2003.0071, CONDITIONAL USE PERMIT 2003-0118 AND
TENTATIVE PARCEL MAP 2003-0052
APN 029-081-010
(5528 TUNITAS AVE,`5559ROSARIO AVEJ MEHRING)
WHEREAS, an application has been received from William Mehring (11190 Santa
Lucia 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 029-081-010 and,
WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2004-0007
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 April 7, 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 27, 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 2004-0007 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,
3. The project does not have the potential to degrade the environment when
mitigation measures are incorporated into the project.
44
ITEM NUMBER: B- 1
DATE: 04/27/04
• 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
45
•
• . . CITY OF ATASCADERO
1818 1 19 9
PROPOSED MITIGATED
NEGATIVE DECLARATION #2004=0007
6905 El Camino Real,Suite 6 Atascadero,CA 93422 805.461.5000
Applicant: Will Mehring,11190 Santa Lucia Rd,Atascadero,CA 93422 466-1011
Project Title: 5528 Tunitas Avenue/5559 Rosario Avenue;PD-7;Zone Change 2003-0071,Conditional Use Permit
2003-0118;Tentative Parcel Map 2003-0052 for a 4-lot PD-7 subdivision.
Project Rosario Avenue,Atascadero,CA 93422
Location: (San Luis Obispo County)APN 029-081-010
Project The proposed project consists of an application for a Zone Change,Conditional Use Permit,and Tentative
Description: Tract Map. The proposed project consists of three new single-family homes and the retention of one
existing single-family home located on individual lots that will be developed under the requirements of the
PD-7 overlay district within the Residential Multi-Family(RMF-10)zoning district. The project includes
one home per lot each with a two-car garage and a single guest parking space. Three native trees will be
removed.
General Plan Designation: Medium Density Residential-MDR
Zoning District: Residential Multiple Family—RMF-10
Findings:
1. The project does not have the potential to degrade the environment.
2. The project will not achieve short-term to the disadvantage of long-term environmental goals.
3; The project does not have impacts which are individually limited,but cumulatively considerable.
4. The project will not cause substantial adverse effects on human beings either directly or indirectly.
Determination:
Based on the above findings,and the information contained in the initial study 2003-0057(made a part hereof by
reference and on file in the Community Development Department),it has been determined that the above project will
not have an adverse impact on the environment when the following proposed mitigation measures are incorporated
into the project(see attachment).
Prepared By: Kelly Gleason Associate Planner
Date Posted: March 19,2004
Public Review Ends: April 7,2004
Attachments: - Location/Zoning Map
- Proposed Site Plan
- Landscape Plan
- Lot 1:Floor Plans and Elevations
- Lot 2:Floor Plans and Elevations
- Lot 3:Floor Plans and Elevations
- Lot 4:Floor Plans and Elevations
- Arborist Report
- Initial Study 2004-0007
File:ZCH 2003-0071.7unitas.Ro ia.MND.doc
Print Date:04/14/044:28 PM
6905 El Camino Real,Suite 6 •ATASCADERO,CALIFORNIA 93422 •(805)461-5000 •FAX 461-7612
46
a 1918 1919 9
• CMU> CITY OF RTAS CADERO
INITIAL STUDY
Exhibit A Timing Responsibility Mitigation
/Monitoring Measure
Mitigation Monitoring Program
GP:Grading Pemut PS:Planning Services
BP:Building Permit BS:Building Services
TOr.Temporary Occupancy FD:Fre Deoarlinent
FI:Final inspeclon PD:Police Departner t
5528 Tunitas Avenue/5559 Rosario Avenue FO,Final Occupancy CE ity WIN.Wa astenginlar
ww:wwater
CA,city Atlomey,
AMWC:war canp.
ZCH 2003-0071, CUP 2003-0118, TPM 2003-0052
Mitigation Measure 3.b.9: The project shall be conditioned to BP BS 3.b.1
comply with all applicable District regulations pertaining to the
control of fugitive dust(PM-10)as contained in sections 6.3,6.4 and
6.5 of the April 2003 Air Quality Handbook.
Section 6.3: Construction Equipment
• Maintain all construction equipment in proper tune
according to manufacturer's specifications.
• Fuel all off-road and portable diesel powered equipment,
including but not limited to bulldozers,graders,cranes,
loaders,scrapers,backhoes,generator sets,compressors,
• auxiliary power units,with ARB certified motor vehicle
diesel fuel(Non-taxed version suitable for use off-road).
• Maximize to the extent feasible,the use of diesel
construction equipment meeting the ARB's 1996 or newer
certification standard for off-road heavy-duty diesel
engines.
• Install diesel oxidation catalysts(DOC), catalyzed diesels
particulate filters(CDPF)or other District approved
emission reduction retrofit services(Required for projects
grading more than 4.0 acres of continuously worked area).
Section 6.4: Activity Management Techniques
• Develop a comprehensive construction activity
management plan designed to minimize the amount of
large construction equipment operating during any given
time period.
• Schedule of construction truck trips during non-peak hours
to reduce peak hour emissions.
• Limit the length of the construction workday period, if
necessary,
• Phase construction activities, if appropriate.
Section 6.5: Fugitive PM10
All of the following measures shall be included on grading,
demolition and building plan notes:
A. Reduce the amount of the disturbed area where possible.
B. Use of water trucks or sprinkler systems in sufficient quantities
to prevent airborne dust from leaving the site. Increased
watering frequency would be required whenever wind speeds
• exceed 15 mph. Reclaimed (non-potable)water should be
04/14/04 ZCH 2003-OO71.Tunitas.Rosario.MND.doc
47
CITY OFATASCADERO
INITL4L STUDY
Exhibit A Timing Responsibility Mitigation •
Mitigation Monitoring Program /Monitoring Measure
GP:GrarGng Permit PS:Planning Services
BP:Building Pemut BS:Bu&5ng Services
TO:Temporary Occupancy FD:Fire Depatrnent
FI:Final inspection PD:Poke Deparanent
5528 Tunitas Avenue/ 5559 Rosario Avenue FO:Final Occupancy CE:City Engineer
WW:wastewater
cA:city Attorney
mmQ water Comp.
ZCH 2003-0071, CUP 2003-0118,TPM 2003-0052
used whenever possible.
C. All dirt stockpile areas should be sprayed daily as needed.
D. Permanent dust control measures identified in the approved
project re-vegetation and landscape plans should be
implemented as soon as possible following completion of any
soil disturbing activities.
E. Exposed ground areas that are plann4ed to be reworked at
dates greater than one month after initial grading should be
sown with a fast-germinating native grass seed and watered
until vegetation is established.
F. All disturbed soil areas not subject to re-vegetation should be
stabilized using approved chemical soil binder,jute netting,or
other methods approved in advance by the APCD.
G. All roadways,driveways,sidewalks,etc,to be paved should be
complete as soon as possible. In addition,building pads
should be laid as soon as possible after grading unless seeding
or soil binders are used.
H. Vehicle speed for all construction vehicles shall not exceed 15
mph on any unpaved surface at the construction site.
1. All trucks hauling dirt,sand,soil,or other loose materials are to •
be covered or should maintain at least two feet of freeboard
(minimum vertical distance between top of load and top of
trailer)in accordance with CVC Section 23114.
J. Install wheel washers where vehicles enter and exit unpaved
roads onto streets,or was off trucks and equipment leaving the
site.
K. Sweep streets at the end of each day if visible soil material is
carried onto adjacent paved roads. Water sweepers with
reclaimed water should be used where feasible.
L. The contractor or builder shall designate a person or persons
to monitor the dust control program and to order increased
watering,as necessary,to prevent transport of dust off site.
The name and telephone number of such persons shall be
provided to the APCD prior to land use clearance for map
recordation and land use clearance for finish grading of any
structure.
Mitigation Measure 4.e.1: The building permit site plan shall identify GP PS/BS 4.e.1
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 identify GP PS/BS 4.e.2
tree protection fencing around the dripline of each existing on-site
tree and/or native shrub mass within 20 feet of construction activity.
•
04/14/04 ZCH 2003-0071.Tunitas.Rosario.MND.doc
48
CITY OF ATASCADERO
INITIAL STUDY
Exhibit A T7Pemik
Responsibility Mitigation
/Monitoring Measure
• 9
Mitigation Monitoring Program
GP:GradiPS:Planning Services
BP:Bull Pend BS:Bugding Services
T0:Temporary Occupancy FD:Fee Depaitnent
Fl:Final inspection PD:Poke DeparhneM
5528 Tunitas Avenue 15559 Rosario Avenue FaF"Occupancy WWWW
cn city atomey
AWC:water comp.
ZCH 2003-0071, CUP 2003-0118, TPM 2003-0052
Mitigation Measure 4.e.3: Grading and excavation and grading work BP PS/BS Ze.3
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 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
04/14/04 ZCH 2003-0071.Tunitas.Rosario.MND.doc
49
CITY OF ATASCADERO
MTIAL STUDY
Exhibit A Timing Responsibility Mitigation •
Mitigation Monitoring Program /Monitoring Measure
GP:Gradng Penrd PS:Planning Services
BP:Braldng Pertrit BS;Buildng Services
TO:Temporary Occupancy FD:Fire Department
Fl:Final inspection PD:Police Departrnent
5528 Tunitas Avenue/5559 Rosario Avenue FO:Final Occupancy CE City Engineer
WW:Wastewater
Ck cilyAtterney
AMWC:Water Camp.
ZCH 2003-0071, CUP 2003-0118,TPM 2003-0052
Mitigation Measure 4.e.4: The developer shall contract with a GP PSBS 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.
■ 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. .
04/14/04 ZCH 2003-0071.Tunitas.Rosado.MND.doc
50
CITY OF ATASCADERO
INITIAL STUDY
Exhibit A Timing Responsibility Mitigation
/Monitoring Measure
Mitigation Monitoring Program
GP:Grading Pmt PS:Planning Services
BP:Bidding Penn it BS:Building Services
TO:Ternporary Occupancy FD:Fre Deparhnent
FI:Rnal inspection PD:Police Deparlinerd
5528 Tunitas Avenue/5559 Rosario Avenue Fo:Rnaloccupancy WW.* sLawater
WW:Wastewater
ca citywromey
AM Q water comp.
ZCH 2003-0071, CUP 2003-0118,TPM 2003-0052
• 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.
■ Existinq 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 4.e.5:All tree removals shall be mitigated as 4.e.5
prescribed by the Atascadero Native Tree Ordinance. ($500.00)
Mitigation Measure 6.b.1: The grading permit application plans GP BS 6.b.1
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.
•
04/14/04 ZCH 2003-0071.Tunitas.Rosario.MND.doc
51
CITY OF ATASCADERO
INITIAL STUDY
Exhibit A Timing Responsibility Mitigation .
Mitigation Monitoring Program /Monitoring Measure
GP:Grating Pemit PS:Planning Services
BP:Building Pen it BS:Building Services
TO:Temporary Occupancy FD:Fin:Department
FI:Final inspection PD:Police Departnrent
5528 Tunitas Avenue/5559 Rosario Avenue FO Final Occupancy CE City Engineer
WW:wastewater
CA:City Attorney
AMWC:water Comp.
ZCH 2003-0071,CUP 2003-0118, TPM 2003-0052
Mitigation Measure 6.c.1: A soils report shall be required to be GP BS 6.c.1
submitted with a future building permit by the building department.
Mitigation Measure 8.e.f.1: The developer is responsible for GP BS 8.0.1
ensuring that all contractors are aware of all storm water quality
measures and that such measures are implemented. Failure to
comply with the approved construction Best Management Practices
will result in the issuance of correction notices,citations,or stop
work orders.
Mitigation Measure 11.d.1: All construction activities shall comply GP BS 11.d.1
with the City of Atascadero Noise Ordinance for hours of operation.
•
• III,
04/14/04 ZCH 2003-0071.Tunitas.Rosano.MND.doc
52
CITY OF ATASCA
DERO
IMTML STUDY
• ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project,involving at least
one impact that is a"Potentially Significant Impact" as indicated by the checklist on the following pages.
❑ Aesthetics 1-1
Agriculture Resources 1-1
Air Quality
❑ Biological Resources ❑ Cultural Resources F-1
Geology/Soils
❑ Hazards&Hazardous F-1
Hydrology/Water Quality 1-1
Land Use/Planning
Materials
1-1
Mineral Resources ❑ Noise ❑ Population/Housing
❑ Public Services ❑ Recreation ❑ Transportation/Traffic
❑ Utilities/Service Systems F-1
Mandatory Findings of Significance
On the basis of this initial evaluation:
❑ I find that the proposed project COULD NOT have a significant effect on the environment,and a
• NEGATIVE DECLARATION will be prepared.
® I find that although the proposed project could have a significant effect on the environment,there will
not be a significant effect in this case because the mitigation measures described on an attached sheet have
been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared.
❑ I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
❑ I find that the proposed project MAY have a"potentially significant effect"or"potentially significant
unless mitigated"impact on the environment,but at least one effect 1)has been adequately analyzed in an
earlier document pursuant to applicable legal standards, and 2 has been addressed by mitigation measures
IMPACT
on attached sheets. An ENVIRONMENTAL
lianalysis as described
based on the earlier an y
REPORT is required,but it must analyze only the effects that remain to be addressed.
❑ I find that although the proposed project could have a significant effect on the environment,there
WILL NOT be a significant effect in this case because all potentially significant effects(a)have been
analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards
and(b)have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION,
including revisions or mitigation measures that are imposed upon the proposed project.
. Kelly Gleason
Associate Planner
04/14/04 ZCH 2003-0071.Tunitas.Rosario.MND.doc
53
CITY OF ATASCADERO
INITIAL STUDY
•
EVALUATION OF ENVIRONMENTAL IMPACTS:
1) A brief explanation is required for all answers except"No Impact" answers that are adequately supported by the
information sources a Lead Agency cites following each question. A "No Impact" answer is adequately
supported if the referenced information sources show that the impact simply does not apply to projects like the
one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer shouldbe explained
where it is based on project-specific factors as well as general standards (e.g. the project will not expose
sensitive receptors to pollutants,based on a project-specific screening analysis).
2) All answers must take account of the whole action involved, including off--site as well as on-site, cumulative as
well as project-level,indirect as well as direct,and construction as well as operational impacts.
3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If
there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is
required.
4) "Potentially Significant Unless Mitigation Incorporated"applies where the incorporation of mitigation measures
has reduced an effect from"Potentially Significant Impact" to a "Less than Significant Impact." The Lead
Agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than
significant level(mitigation measures from Section XVII, "Earlier Analyses,"may be cross-referenced).
5) Earlier analyses may be used where,pursuant to the tiering,program EIR,or other CEQA process, an effect has
been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses
are discussed in Section XVII at the end of the checklist. •
6) Lead Agencies are encouraged to incorporate into the checklist references information sources for potential
impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document
should, where appropriate, include a reference to the page or pages where the statement is substantiated. A
source list should be attached. Other sources used or individuals contacted should be cited in the discussion.
•
04/14/04 ZCH 2003-0071_Tunitas.Rosario.MND.doc
54
CITY OFATASCADERO
INITIAL STUDY
Initial Stud 2004-0007 Potentially Less Than Less Than No
Study Significant Significant with Significant Impact
ZCH 2003-0071 CUP 2003-0118,TPM 2003-0052 Impact Mitigation Impact
Incorporation
5528 Tunitas Avenue/5559 Rosario Avenue
1.AESTHETICS--Would theroject:
P 1
a)Have a substantial adverse effect on a scenic vista? ❑ ❑
b)Substantially damage scenic resources,including, but not ❑ ❑ ❑
limited to trees rock outcroppings,in s, and historic buildings
within a state scenic highway?
c)Substantially degrade the existing visual character or El Z F1F]quality of the site and its surroundings?
d)Create a new source of substantial light or glare that ❑ ❑ ILE] El
would adverse) affect da or nighttime views in the area?
Y Y 9
SOURCES: Project Description-Photos;Tentative Tract Map,Skip Touchon;Architectural Plans, NRB Drafting
Services, Inc.; Color&Materials Sample Boards, Nelson R.Bernal.
DISCUSSION: The project site is not located within a scenic vista. The site is within the City's multiple-family
zoning district bounded on all sides b existing residential uses.All lighting will be residential in nature. No
residentialg Y 9
street lighting is proposed for the project. The proposed landscape
Ian and architectural features for the project will
negative impact. The proposed architectural style,colors,
and materials have been selected to be
produce no ne ,
P 9 P P P tY
compatible with the surrounding residential environment.
2.AGRICULTURAL RESOURCES: In determining whether
impacts to agricultural resources are significant
environmental effects,lead agencies may refer to the
California Agricultural Land Evaluation and Site Assessment
Model(1997)prepared by the California Dept.of
Conservation as an optional model to use in assessing
impacts on agriculture and farmland.Would the project:
a)Convert Prime Farmland, Unique Farmland,or Farmland ❑ ❑
of Statewide Importance(Farmland),as shown on the maps
prepared pursuant to the Farmland Mapping and Monitoring
Program of the California Resources Agency,to non-
agricultural use?
b)Conflict with existing zoning for agricultural use,or a ❑ ❑ ❑
Williamson Act contract?
c) Involve other changes in the existing environment which, ❑ ❑ ❑ Z
due to their location or nature,could result in conversion of
Farmland,to non-agricultural use?
SOURCES: Land Use Element EIR.
DISCUSSION
2.a. The property is not shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of
the California Resources Agency as prime farmland.
2.b. The property is not under a Williamson Act contract.
2.c. The project will not result in the conversion of farmland to non-agricultural uses.
•
04/14/04 Page 9 ZCH 2003-0071.Tunitas.Rosario.MND.d0c
55
CITY OF ATASCADERO
INITIAL STUDY
Initial Study 2004-0007 Potentially less Than Less Than No .
Significant Significant with Significant Impact
ZCH 2003-0071 CUP 2003-0118, TPM 2003-0052 Impact Mitigation Impact
5528 Tunitas Avenue/5559 Rosario Avenue Incorporation
3.AIR QUALITY--The significance criteria established by
the Air Quality Control District in its CEQA Guidelines may
be relied upon to make the following determinations.Would
the project:
a)Conflict with or obstruct implementation of the applicable u
air quality plan?
b)Violate any air quality standard or contribute substantially
to an existing or projected air quality violation?
c)Result in a cumulatively considerable net increase of any
criteria pollutant for which the project region is non El El F-1 LLS1
-
attainment under an applicable federal or state ambient air
quality standard(including releasing emissions that exceed
quantitative thresholds for ozone precursors)?
d)Expose sensitive receptors to substantial pollutant
concentrations?
e)Create objectionable odors affecting a substantial number
of people?
SOURCES: Air Pollution Control District(APCD)CEQA Air Quality Handbook, Project Description-Photos;Tentative
Parcel Map,Skip Touchon;Architectural Plans, NRB Drafting Services, Inc.
DISCUSSION:
3.a.c. This project will not affect or produce any significant air pollutants after completion of construction.
Construction activities, including site grading may produce small quantities of air pollution, including dust and
equipment exhaust. Any air quality impacts will be temporary and short term.
3.b. Construction activities, including site grading may produce small quantities of air pollution,including dust and
equipment exhaust. Any air quality impacts will be temporary and short term.
3.d. The construction of four residential buildings,and the associated on-site and public improvements will not
concentrate pollutants.
3.e. The construction of four residential buildings,and the associated on-site and public improvements will not create
objectionable odors.
Mitigation Measure 3.b.1: The project shall be conditioned to comply with all applicable District regulations pertaining
to the control of fugitive dust(PM-10)as contained in sections 6.3,6.4 and 6.5 of the April 2003 Air Quality Handbook.
Section 6.3: Construction Equipment
• Maintain all construction equipment in proper tune according to manufacturer's specifications.
• Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers,graders,
cranes,loaders,scrapers, backhoes,generator sets,compressors,auxiliary power units,with ARB certified
motor vehicle diesel fuel (Non-taxed version suitable for use off-road).
• Maximize to the extent feasible,the use of diesel construction equipment meeting the ARB's 1996 or newer
certification standard for off-road heavy-duty diesel engines.
• Install diesel oxidation catalysts(DOC),catalyzed diesels particulate filters(CDPF)or other District approved
emission reduction retrofit services(Required for projects grading more than 4.0 acres of continuously
worked area).
Section 6.4: Activity Management Techniques
• Develop a comprehensive construction activity management plan designed to minimize the amount of large e
construction equipment operating during any given time period.
04/14/04 Page 10 ZCH 2003-0071.Tunitas.Rosario.MND.doc
56
CITY OF ATASCADERO
INITIAL STUDY
i Initial Study 2004-0007 Potentially Less Than Less Than No
Significant Significantwith Significant Impact
ZCH 2003-0071 CUP 2003-0118, TPM 2003-0052 Impact Mitigation Impact
5528 Tunitas Avenue/5559 Rosario Avenue Incorporation
• Schedule of construction truck trips during non-peak hours to reduce peak hour emissions.
• Limit the length of the construction workday period, if necessary.
• Phase construction activities, if appropriate.
Section 6.5: Fugitive PM10
All of the following measures shall be included on grading,demolition and building plan notes:
A. Reduce the amount of the disturbed area where possible.
B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site.
Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed(non
potable)water should be used whenever possible.
C. All dirt stockpile areas should be sprayed daily as needed.
D. Permanent dust control measures identified in the approved project re-vegetation and landscape plans should be
implemented as soon as possible following completion of any soil disturbing activities.
E. Exposed ground areas that are plann4ed to be reworked at dates greater than one month after initial grading
should be sown with a fast-germinating native grass seed and watered until vegetation is established.
F. All disturbed soil areas not subject to re-vegetation should be stabilized using approved chemical soil binder,jute
netting,or other methods approved in advance by the APCD.
G. All roadways,driveways,sidewalks,etc,to be paved should be complete as soon as possible. In addition,
building pads should be laid as soon as possible after grading unless seeding or soil binders are used.
H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction
site.
I. All trucks hauling dirt,sand,soil,or other loose materials are to be covered or should maintain at least two feet of
freeboard(minimum vertical distance between top of load and top of trailer)in accordance with CVC Section
23114.
J. Install wheel washers where vehicles enter and exit unpaved roads onto streets,or was off trucks and equipment
leaving the site.
K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water
sweepers with reclaimed water should be used where feasible.
L. The contractor or builder shall designate a person or persons to monitor the dust control program and to order
increased watering, as necessary,to prevent transport of dust off site. The name and telephone number of such
persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance
for finish grading of any structure.
4. BIOLOGICAL RESOURCES--Would the project:
a)Have a substantial adverse effect,either directly or
through habitat modifications,on any species identified as a
candidate,sensitive,or special status species in local or
regional plans,policies,or regulations,or by the California
Department of Fish and Game or U.S. Fish and Wildlife
Service?
b)Have a substantial adverse effect on any riparian habitat
or other sensitive natural community identified in local or
regional plans, policies,or regulations or by the California
Department of Fish and Game or US Fish and Wildlife
Service?
c)Have a substantial adverse effect on federally protected 171
wetlands as defined by Section 404 of the Clean Water Act
(including,but not limited to, marsh,vernal pool,coastal,
etc.)through direct removal,filling, hydrological interruption,
• or other means?
04/14/04 Page 11 ZCH 2003-0071.Tunitas.Rosario.MND.doc
57
CITY OF ATASCADERO
INITIAL STUDY
Initial Study 2004-0007 Potentially Less Than Less Than No •
Significant Significant with Significant Impact
ZCH 2003-0071 CUP 2003-0118,TPM 2003-0052 impact Mitigation Impact
5528 Tunitas Avenue/5559 Rosario Avenue Incorporation
d)Interfere substantially with the movement of any native
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors;or
impede the use of native wildlife nursery sites?
e)Conflict with any local policies or ordinances protecting
biological resources,such as a tree preservation policy or
ordinance?
f)Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation Plan,
or other approved local, regional,or state habitat
conservation plan?
SOURCES: Project Description-Photos;Architectural Plans,NRB Drafting Services, Inc.; Land Use Element EIR;
Atascadero Tree Ordinance.
DISCUSSION:
4.a. No sensitive species exists on or near the site.
4.b. No sensitive riparian habitat or sensitive natural communities exist on or near the site.
4.c. There are no wetlands on the project site.
4:d. The Land Use Element EIR concludes that development within the city limits will not have a significant impact on
wildlife or wildlife corridors.
4e.f.The proposed project will not conflict with local policies or ordinances protecting biological resources nor will it
conflict with any conservation'plans. However, project will require appropriate mitigation per Atascadero Native Tree
Ordinance standards and guidelines.
Mitigation Measure 4.e.1: The building permit site plan shall identify all protection and enhancement measures
recommended by the Certified Arborist in the Tree Protection Plan.Tree protection fencing shall be installed at the
locations called out in the Tree Protection Plan.
Mitigation Measure 4.e.2: The Precise Grading Plan shall 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 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 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 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
04/14/04 Page 12 ZCH 2003-0071.Tunitas.Rosario.MND.doc
58
CITY OF ATASCADERO
INITIAL STUDY
• Initial Study 2004-0007 Potentially Less Than Less Than No
Significant Significant with Significant Impact
ZCH 2003-0071 CUP 2003-0118, TPM 2003-0052 Impact Mitigation Impact
5528 Tunitas Avenue/5559 Rosario Avenue Incorporation
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 24"
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.
■ 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 4.e.5:All tree removals shall be mitigated as prescribed by the Atascadero Native Tree
Ordinance. ($500.00)
•
04/14/04 Page 13 ZCH 2003-0071.Tunitas.Rosario.MND.doc
59
CITY OFATASCADERO
INITIAL STUDY
Initial Study 2004-0007 Potentially Less Than Less Than No
Significant Significant with Significant Impact
ZCH 2003-0071 CUP 2003-0118, TPM 2003-0052 Impact Mitigation Impact
5528 Tunitas Avenue/5559 Rosario Avenue Incorporation
5. CULTURAL RESOURCES--Would the project:
a)Cause a substantial adverse change in the significance of
a historical resource as defined in'15064.5?
b)Cause a substantial adverse change in the significance of
an archaeological resource pursuant to'15064.57
c)Directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature?
d) Disturb any human remains, including those interred
outside of formal cemeteries?
SOURCES: Project Description-Photos; Land Use Element EIR.
DISCUSSION:
5.a.b.c. No historical,archeological,or paleontological resources exist on the project site.
5.d. No known human remains have been found or documented in the vicinity of the project.
6.GEOLOGY AND SOILS--Would the project:
a)Expose people or structures to potential substantial
adverse effects,including the risk of loss,injury,or death O
involving:
i)Rupture of a known earthquake fault, as delineated
on the most recent Alquist-Priolo Earthquake Fault
Zoning Map issued by the State Geologist for the area
or based on other substantial evidence of a known
fault?Refer to Division of Mines and Geology Special
Publication 42.
ii)Strong seismic ground shaking? 0 ❑
iii)Seismic-related ground failure, including
liquefaction?
iv)Landslides? ❑ ❑ ❑
b) Result in substantial soil erosion or the loss of topsoil?
c)Be located on a geologic unit or soil that is unstable,or
that would become unstable as a result of the project,and
potentially result in on-or off-site landslide, lateral
spreading,subsidence, liquefaction or collapse?
d) Be located on expansive soil,as defined in Table 18-1-B
of the Uniform Building Code(1994),creating substantial
risks to life or property?
e) Have soils incapable of adequately supporting the use of
septic tanks or alternative wastewater disposal systems
where sewers are not available for the disposal of
04/14/04 Page 14 ZCH 2003-0071.Tunitas.Rosario.MND.doo
60
CITY OF ATASCADERO
INITIAL STUDY
Initial Study 2004-0007 Potentially Less Than Less Than No
Significant Significant with Significant Impact
ZCH 2003-0071 CUP 2003-0118,TPM 2003-0052 Impact Mitigation Impact
5528 Tunitas Avenue/5559 Rosario Avenue Incorporation
wastewater?
SOURCES: Project Description-Photos; Land Use Element EIR,Project Description-Photos;Tentative Parcel Map,
Skip Touchon;Architectural Plans, NRB Drafting Services, Inc.
DISCUSSION:
6.a. The project is not located on any known earthquake faults.
6.b. Construction activities on the site will be required to comply with sedimentation and erosion control measures
prescribed by the city engineer.
6.c.d.e.Soil conditions will be reviewed during building permit review in accordance with the municipal code. A soils
report shall be required for submittal with a future building permit by the building department.The building plans will
be required to follow the recommendations of the soils report to assure safety for residents and buildings.The
property contains no unusual geological formations. The project will connect to City sewer.
Mitigation Measure 6.b.1: The grading permit application plans shall include erosion control measures to prevent soil,
dirt,and debris from entering the storm drain system during and after construction. A separate plan shall be
submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building
Permit application.
Mitigation Measure 6.c.1: A soils report shall be required to be submitted with a futurebuilding permit by the building
department.
7. HAZARDS AND HAZARDOUS MATERIALS--Would the
project:
• a)Create a significant hazard to the public or the
environment through the routine transport,use,or disposal
of hazardous materials?
b)Create a significant hazard to the public or the
environment through reasonably foreseeable upset and F-1 iz2si
accident conditions involving the release of hazardous
materials into the environment?
c)Emit hazardous emissions or handle hazardous or acutely
hazardous materials,substances,or waste within one-
quarter mile of an existing or proposed school?
d)Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to Government
Code Section 65962.5 and,as a result,would it create a
significant hazard to the public or the environment?
e)For a project located within an airport land use plan area
or,where such a plan has not been adopted,within two
miles of a public airport or public use airport,would the
project result in a safety hazard for people living or working
in the project area?
f) For a project within the vicinity of a private airstrip,would
the project result in a safety hazard for people living or
working in the project area?
g) Impair implementation of or physically interfere with an
adopted emergency response plan or emergency
evacuation plan?
04/14/04 Page 15 ZCH 2003-0071.Tunitas.Rosario.MND.doc
61
CITY OF ATASCADERO
INITIAL STUDY
Initial Study 2004-0007 Potentially Less Than Less Than No •
Significant Significant with Significant Impact
ZCH 2003-0071 CUP 2003-0118,TPM 2003-0052 Impact Mitigation Impact
5528 Tunitas Avenue/5559 Rosario Avenue Incorporation
h)Expose people or structures to a significant risk of loss,
injury or death involving wildland fires,including where
wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands?
SOURCES: Project description, General Plan Land Use Element.
DISCUSSION
7a.b.c. The project is not anticipated to generate or involve use of significant amounts of hazardous materials.There
are no known hazardous materials on the site or nearby.
7.d. The property is not a listed hazardous material site.
7e.f. The property is not near an airport.
7g.h.The site is within the Fire Department's five-minutes or less response area. The Fire Marshall has reviewed and
approved the plans as proposed,
8.HYDROLOGY AND WATER QUALITY--Would the
project:
a)Violate any water quality standards or waste discharge
requirements?
b)Substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that there
would be a net deficit in aquifer volume or a lowering of the r
local groundwater table level(e.g.,the production rate of
previously-existing nearby wells would drop to a level that
would not support existing land uses or planned uses for
which permits have been granted)?
c)Substantially alter the existing drainage pattern of the site
or area,including through the alteration of the course of a El F-1
stream or river, in a manner which would result in
substantial erosion or siltation on-or off-site?
d)Substantially alter the existing drainage pattern of the site ❑ ❑
or area,including through the alteration of the course of a
stream or river,or substantially increase the rate or amount
of surface runoff in a manner that would result in flooding
on-or off-site?
e)Create or contribute runoff water which would exceed the
capacity of existing or planned stormwater drainage systems
or provide substantial additional sources of polluted runoff?
f)Otherwise substantially degrade water quality?
g)Place housing within a 100-year flood hazard area as
mapped on a federal Flood Hazard Boundary or Flood
Insurance Rate Map or other flood hazard delineation map?
h)Place within a 100-year flood hazard area structures that
would impede or redirect flood flows?
i)Expose people or structures to a significant risk of loss,
injury or death involving flooding,including flooding as a
04/14/04 Page 16 ZCH 2003-0071.Tunitas.Rosario.MND.doc
62
-' CITY OF ATASCADERO
INITIAL STUDY
• Initial Study 2004-0007 Potentially Less Than Less Than No
Significant Significant with Significant Impact
ZCH 2003-0071 CUP 2003-0118, TPM 2003-0052 Impact Mitigation Impact
Incorporation
5528 Tunitas Avenue/5559 Rosario Avenue
result of the failure of a levee or dam?
j)Inundation by seiche,tsunami,or mudflow?
SOURCES: Project description, Flood Insurance Rate Map 060700 0004 B and 0002 B(1/20/82);Architectural
Plans,NRB Drafting Services, Inc.
DISCUSSION:
8a. The construction will not violate water quality standards.
8b. The project will not deplete ground water supplies. Water will be provided by Atascadero Mutual Water
Company.
8c.d.e.f. The project will not alter any drainage course. Construction activities are subject to review for compliance
with City drainage and grading regulations. Drainage will not be permitted to create or intensify any hazards for
persons or property in the vicinity. Drainage retention is proposed on the southeast corner of the landscape area. In
addition, pervious pavers are incorporated into the project driveway.
8.g.h.i. Future residential uses will be outside of the 100-year flood hazard area.
8.i.j. The project area is not subject to innundation by a tsunami.
Mitigation Measure 8.e.f.1` The developer is responsible for ensuring that all contractors are aware of all storm water
quality measures and that such measures are implemented. Failure to comply with the approved construction Best
Management Practices will result in the issuance of correction notices,citations,or stop work orders.
. 9. LAND USE AND PLANNING-Would the project:
a)Physically divide an established community? F ❑
b)Conflict with any applicable land use plan,policy,or F1 F1 ® R
regulation of an agency with jurisdiction over the project
(including, but not limited to the general plan,specific plan,
local coastal program,or zoning ordinance)adopted for the
purpose of avoiding or mitigating an environmental effect?
c)Conflict with any applicable habitat conservation plan orF] ❑ ❑ 1171
natural community conservation plan? LLJ
SOURCES: Land Use Element, Circulation Element,project description,Land Use Element EIR;Architectural Plans,
NRB Drafting Services,Inc.
DISCUSSION:
9.a. The project will not physically divide an established community. Residential uses along Rosario and Tunitas
Avenue is consistent and compatible with the surrounding residential land use designation. However,there will be a
zone change that would establish a planned development#7 overlay.
9.b. The General Plan and Zoning Ordinance identifies the project site,along with adjacent as Medium-Density
Residential with a maximum density of 10 units per acre. The project site multi-family residential zoning is consistent
with the General Plan.
As proposed,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 city appearance review. With consideration to the PD-7 development standards,the project proposes
a 4-lot subdivision.
• The PD-7 requires a Master Plan of Development,which incorporates site development standards and appearance
review including architecture and landscaping. Per the zoning ordinance,the Master Plan of Development will be
04/14/04 Page 17 ZCH 2003-0071.Tunitas.Rosado.MND.doc
63
CITY OF ATASCADERO
INITIAL STUDY
Initial Study 2004-0007 Potentially Less Than Less Than No
Significant Significantwith Significant Impact
ZCH 2003-0071 CUP 2003-0118, TPM 2003-0052 Impact Mitigation Impact
5528 Tunitas Avenue/5559 Rosario Avenue Incorporation
processed as a Conditional Use Permit.
9.c.The project is consistent with the open space and conservation policies identified in the General Plan.
10.MINERAL RESOURCES--Would the project:
a)Result in the loss of availability of a known mineral
resource that would be of value to the region and the El z
residents of the state?
b)Result in the loss of availability of a locally-important
mineral resource recovery site delineated on a local general
plan,specific plan or other land use plan?
SOURCES: Project Description.
DISCUSSION:
10.a.b. No mining is proposed as a part of this project. No known mineral resources have been identified in the area.
11. NOISE--Would the project result in: 7771
a)Exposure of persons to or generation of noise levels in
excess of standards established in the local general plan or F-1 VN
noise ordinance,or applicable standards of other agencies? •
b) Exposure of persons to or generation of excessive
ground-borne vibration or ground-bome noise levels?
c)A substantial permanent increase in ambient noise levels
in the project vicinity above levels existing without the
project?
d)A substantial temporary or periodic increase in ambient
noise levels in the project vicinity above levels existing
without the project?
e) For a project located within an airport land use plan or,
where such a plan has not been adopted,within two miles of
a public airport or public use airport,would the project
expose people residing or working in the project area to
excessive noise levels?
f)For a project within the vicinity of a private airstrip,would
the project expose people living or working in the project 0 El 11 M
area to excessive noise levels?
SOURCES: Project description, Noise Element, Noise Ordinance,Acoustical Design Manual.
DISCUSSION:
11 a.b.c.d. Construction is expected to involve some heavy machinery and use of impact tools that make noise.
Noise levels on the site are thus expected to be raised temporarily. The future residential use is not expected to
generate unacceptable levels of noise to future adjacent residential uses.
11.e.f. The project is not located within an airport land use plan or private airstrip.
Mitigation Measure 11.d: All construction activities shall comply with the City of Atascadero Noise Ordinance for •
hours of operation.
04/14/04 Page 18 ZCH 2003-0071.Tunitas.Rosario.MND.doc
64
CITY OF ATASCADERO
INITIAL STUDY
. Initial Study 2004-0007 Potentially Less Than Less Than No
Significant Significant with Significant Impact
ZCH 2003-0071 CUP 2003-0118,TPM 2003-0052 Impact Mitigation Impact
Incorporation
5528 Tunitas Avenue/5559 Rosario Avenue
12.POPULATION AND HOUSING--Would the project:
a)Induce substantial population growth in an area,either
directly(for example, by proposing new homes and
businesses)or indirectly(for example,through extension of
roads or other infrastructure)?
b)Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere?
c)Displace substantial numbers of people,necessitating the F-1 ❑
construction of replacement housing elsewhere?
SOURCES: Project description, General Plan Land Use Element.
DISCUSSION:
12.a. The programmed density in the General Plan for the project site allows for a maximum of 6 residential units.
The project proposes three new units and the relocation of one existing unit. The addition of three new residences to
the project site and local circulation system will be insignificant in terms of trip generation.
12.b.c. No housing or persons will be displaced.
XIII.PUBLIC SERVICES
• a)Would the project result in substantial adverse physical
impacts associated with the provision of new or physically
altered governmental facilities, need for new or physically
altered governmental facilities,the construction of which
could cause significant environmental impacts, in order to
maintain acceptable service ratios,response times or other
performance objectives for any of the public services:
Fire protection?
VN
Police protection? ❑
Schools? E 0
Parks? 0
Other public facilities? El
SOURCES: Project description, Land Use Element EIR.
DISCUSSION:
Development Impact Fees: Development Impact Fees will be required of any new project for which a building permit
is issued. The concept of the impact fee program is to fund and sustain improvements which are needed as a result
of new development as stated in the General Plan and other policy documents within the fee program. Development
Impact Fees fall into the following categories: Drainage Fees(including the Amapoa Tecorida Drainage Area Fee);
• Streets, Road, Bridge Fees; Sewer Fees; Public Safety Fees;and Park Fees, Miscellaneous Fees. In addition,
school fees are collected by the Atascadero Unified School District. The amount of impact fees to be paid will be
04/14/04 Page 19 ZCH 2003-0071.Tunitas.Rosario.MND.doc
65
> CITY OF ATASCADERO
IIVIML STUDY
Initial Study 2004-0007 Potentially Less Than Less Than No •
Significant Significant with Significant Impact
ZCH 2003-0071 CUP 2003-0118, TPM 2003-0052 Impact Mitigation Impact
5528 Tunitas Avenue/5559 Rosario Avenue Incorporation
determined at the time of issuance of building permit.
Fire and Police: Impact fees are charged for new development,to help pay the cost of providing new facilities to
serve the expanding city.The Fire Department of the City of Atascadero has indicated that it will be able to
adequately service the proposed project. The applicant shall comply with all requirements of the Fire Department.
The City of Atascadero Police Department has also indicated that the proposed project poses no problems to the
police to adequately service it.
Schools: At buildout,the city's population will overburden the existing school system unless additional classroom
space is added.The Atascadero Unified School District charges impact fees to fund additional schools as needed.
State law restricts mitigation of school impacts to the levying of these fees and other measures adopted by the
school district. Provision of adequate facilities for the population is the responsibility of the school district. Fees will
be required through construction permits for the residence.
Parks: New residences will increase demand on parks and recreation facilities.The city's Parks&Recreation
Commission is committed to finding ways to continue to provide parks and other recreational opportunities to city
residents as the city expands,thereby addressing cumulative impacts. No new residences are proposed.
Other public facilities:The construction of the project is not expected to have significant impacts on any other public
facilities.
14. RECREATION--
a)Would the project increase the use of existing
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of the
facility would occur or be accelerated?
b)Does the project include recreational facilities or require
the construction or expansion of recreational facilities that
might have an adverse physical effect on the environment?
SOURCES:Project description, Parks and Recreation Element.
DISCUSSION:
14.a. Residents are expected to use existing parks and recreational facilities,but the numbers are not expected to
result in substantial physical deterioration of any facilities.
14.b. The project does not involve construction of recreational facilities.
15.TRANSPORTATIONITRAFFIC--Would the project:
a)Cause an increase in traffic that is substantial in relation F] F71
to the existing traffic load and capacity of the street system
(i.e., result in a substantial increase in either the number of
vehicle trips,the volume to capacity ratio on roads,or
congestion at intersections)?
b)Exceed, either individually or cumulatively, a level of
service standard established by the county congestion
management agency for designated roads or highways?
c)Result in a change in air traffic patterns, including either ❑
an increase in traffic levels or a change in location that .
results in substantial safety risks?
04/14/04 Page 20 ZCH 2003-0071.Tunitas.Rosario.MND.doo
66
1
CITY OFATASCADERO
INITIAL STUDY
. Initial Study 2004-0007 Potentially Less Than Less Than No
Significant Significant with Significant Impact
ZCH 2003-0071 CUP 2003-0118, TPM 2003-0052 Impact Mitigation Impact
Incorporation
5528 Tunitas Avenue/5559 Rosario Avenue
d)Substantially increase hazards due to a design feature El El 1-1 ZLJ
(e.g.,sharp curves or dangerous intersections)or
incompatible uses(e.g.,farm equipment)?
e)Result in inadequate emergency access? F-1 F]
f)Result in inadequate parking capacity? F] ❑ ❑
g)Conflict with adopted policies, plans,or programs El
supporting alternative transportation (e.g.,bus turnouts,
bicycle racks)?
SOURCES: Land Use Element,Circulation Element;Architectural Plans, NRB Drafting Services, Inc.
DISCUSSION:
15.a.b.The Circulation Element(CE)anticipates an increase in development in this area. The CE incorporates
mitigation for effects from increased traffic.
15.c. No changes will occur to the air traffic patterns.
15.d. The project's access has adequate site distance onto Rosario and Tunitas Ave.
15.e. The project will have adequate emergency access from Rosario and Tunitas Ave.
151 Adequate parking will be provided on-site for the future residential uses and required street frontage
improvements along Tunitas Ave.will provide added adjacent off-site vehicle parking.
15.g. The project is consistent with the area circulation and per the General Plan. The applicant shall provide street
• frontage improvements along the Tunitas Ave property frontage per City standards and the approval of the City
Engineer. Public Improvement plans are required to detail the construction.
16.UTILITIES AND SERVICE SYSTEMS--Would the
project:
a)Exceed wastewater treatment requirements of the 0 ❑
applicable Regional Water Quality Control Board?
b)Require or result in the construction of new water or
wastewater treatment facilities or expansion of existing
facilities,the construction of which could cause significant
environmental effects?
c)Require or result in the construction of new storm water ❑
drainage facilities or expansion of existing facilities,the
construction of which could cause significant environmental
effects?
d) Have sufficient water supplies available to serve the El
project from existing entitlements and resources,or are new
or expanded entitlements needed?
e) Result in a determination by the wastewater treatment 0 ❑ 0 ZZ
provider that serves or may serve the project that it has
adequate capacity to serve the project's projected demand
in addition to the provider's existing commitments?
f)Be served by a landfill with sufficient permitted capacity to F-1 E ❑
accommodate the project's solid waste disposal needs?
g)Comply with federal,state,and local statutes and
04/14/04 Page 21 ZCH 2003-0071.Tunitas.Rosario.MND.doc
67
CITY OF ATASCADERO
INITIAL STUDY
Initial Study 2004-0007 Potentially Less Than Less Than No •
Significant Significant with Significant Impact
ZCH 2003-0071 CUP 2003-0118,TPM 2003-0052 impact Mitigation Impact
5528 Tunitas Avenue/5559 Rosario Avenue Incorporation
regulations related to solid waste? 11 11 Mi
SOURCES: Project description, Land Use Element(LUE)EIR;Architectural Plans, NRB Drafting Services, Inc.
DISCUSSION:
Water., The Atascadero Mutual Water Company(AMWC)will provide water. All property within the city limits is
entitled to water from the AMWC. The project is not expected to require significant quantities of water for the
proposed uses.
Water is pumped from two portions of the largest underground basin in the county,the Paso Robles Formation,using
a series of shallow and deep wells.The water company anticipates that it will be able to meet the city's needs through
buildout and beyond:
Water demand at buildout under the LUE is estimated at about 8,500 acre-feet per year(AFY).The total available
groundwater supply greatly exceeds demand,according to the findings of the Long-Term Viability of Water study.
However,the water company does not currently have the deep wells needed to tap into the total amount needed at
buildout. The water company is currently developing plans for installing wells where they will be most effective and
will not conflict with water rights of others. According to the Water Company,development of additional wells is
expected to keep pace with construction in the city,so that water supply will not be interrupted.
Sewer. Sewer discharge will be handled by a City sewer connection.
Storm Water. On-site storm water drainage has been designed to flow follow existing drainage pattern. On-site •
pervious driveway pavers and storm water retention is proposed.
17. MANDATORY FINDINGS OF SIGNIFICANCE-
a)Does the project have the potential to degrade the quality
of the environment,substantially reduce the habitat of a fish
or wildlife species,cause a fish or wildlife population to drop
below self-sustaining levels,threaten to eliminate a plant or
animal community, reduce the number or restrict the range
of a rare or endangered plant or animal or eliminate
important examples of the major periods of California history
or prehistory?
b)Does the project have impacts that are individually
limited,but cumulatively considerable?("Cumulatively
considerable"means that the incremental effects of a
project are considerable when viewed in connection with the
effects of past projects,the effects of other current projects,
and the effects of probable future projects)?
c)Does the project have environmental effects that will
cause substantial adverse effects on human beings,either
directly or indirectly?
DISCUSSION: The project site is a developed large-lot single-family residence with ample area to accommodate
three in-fill residences per the City's Planned Development Overlay#7 zoning requirements. In addition,the project
is consistent with the City's General land use and housing element policies related to housing and infill development.
The proposed project has been analyzed as required by CEQA. Project-related impacts have been identified and
mitigation measures have been included within the proposal to reduce the effect of the proposed project as
described herein.
04/14/04 Page 22 ZCH 2003-0071.Tunitas.Rosano.MND.doc
68
CITY OFATASCADERO
INITIAL STUDY
• SOURCES:
General Plan Land Use Element,City of Atascadero,2002
Zoning Ordinance, part of Municipal Code,City of Atascadero,as amended through 1999.
Land Use Element Environmental Impact Report,Crawford, Multari, &Clark,adopted 2002
CEQA Handbook,Air Quality Control District,August 1995
General Plan Safety Element,City of Atascadero,2002
General Plan Circulation Element,2002
General Plan Noise Element,adopted 2002
Acoustical Design Manual, Brown-Buntin Associates,1991
Noise Ordinance,City of Atascadero, 1992
Guide for Developers,Atascadero Fire Department,and 1998 draft
Flood Insurance Rate Map,community-panel number 060700 0004 B and 0002 B,Federal Emergency Management
Agency,January 20, 1982
Trip Generation, Institute of Traffic Engineers
PROJECT-SPECIFIC SOURCES:
Project description includes the following;
■ Vesting Tentative Tract Map,Skip Touchon
■ Architectural Plans, NRB Drafting Services, Inc.
■ Color&Materials Sample Board, Nelson R. Bernal
■ Arborist Report:Arbor Tree Surgery
•
04/14/04 Page 23 ZCH 2003-0071.Tunitas.Rosano.MND.doc
69
ITEM NUMBER: B- 1
DATE: 04/27/04
ATTACHMENT 5: Draft Ordinance A
DRAFT ORDINANCE A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, APPROVING ZONE CHANGE 2003-0071, AMENDING
THE OFFICIAL ZONING MAP DESIGNATION OF
APN 029-081-010 FROM RMF-10 TO RMF-10/PD-7
(5528 TUNITAS AVE.,5559 ROSARIO AVE./MEHRING)
WHEREAS, an application has been received from William Mehring (11190 Santa
Lucia 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 five lot residential Tentative Parcel Map on APN 029-081-010 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,asset 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 April 7, 2004, studied and considered Zone Change 2003-0071, 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 27, 2004,
studied and considered Zone Change 2002-0071, after first studying and considering the Draft
Mitigated Negative Declaration prepared for the project; •
70
ITEM NUMBER: B- 1
DATE: 04/27/04
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
Ataseadero 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 27, 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.
•
71
ITEM NUMBER: B- 1
DATE: 04/27/04
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
72
ITEM NUMBER: B - 1
DATE: 04/27/04
• Exhibit A: Zone Change Map 2003-0071
�q
!�
Project
Site
4
..__
r
J�
/A
Existing Designations:
-General Plan:Medium Density Residential
Zoning District:Residential Multi-Family—10
Proposed Designations:
-General Plan:Medium Density Residential
-Zoning District:Residential Multi-Family— 10 w/PD-7
overlay
73
ITEM NUMBER: B - 1
DATE: 04/27/04
ATTACHMENT 6: Draft Resolution B •
DRAFT RESOLUTION B
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, APPROVING CONDITIONAL USE PERMIT 2003-0118,
ADOPTING A MASTER PLAN OF DEVELOPMENT FOR A PD-7
OVERLAY ZONING DISTRICT ON APN 029-081-010
(5528 TUNITAS AVE, 5559 ROSARIO AVEJ MEHRING)
WHEREAS, an application has been received from William Mehring (11190 Santa
Lucia 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 five lot residential Tentative Parcel Map on APN 029-081-010 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 April 7, 2004, studied and considered the Master Plan of Development
(CUP 2003-0118), 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 27, 2004,
studied and considered the Master Plan of Development (CUP 2003-0118) for Zone Change
2002-0071, after first studying and considering the Draft Mitigated Negative Declaration
prepared for the project, and,
74
ITEM NUMBER: B- 1
DATE: 04/27/04
• NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero:`
SECTION 1. Findings for Approval of Master Plan of Development.The City Council finds
as follows:
1. The proposed project or use is consistent with the General Plan and the City's
Appearance Review Manual; and,
2. The proposed project or use satisfies all applicable provisions of the Title(Zoning
Ordinance) including the PD-7 Ordinance; and,
3. The establishment, and subsequent operation or conduct of the use will not, because
of the circumstances and conditions applied in the particular case, be detrimental to
the health, safety, or welfare of the general public or persons residing or working in
the neighborhood of the use, or be detrimental or injurious to property or
improvements in the vicinity of the use; and,
4. That 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.
6. Due to existing site topography, exception to PD-7 standards regarding lower to
upper floor ratios are warranted for proposed development of lots 1 and 4.
SECTION 2.Findings for Approval of Tree Removal Permit. The City Council finds as
follows:
1. The trees were obstructing proposed improvements that could not be reasonably
designed to avoid the need for tree removal, as certified by a report from the Site
Planner and determined by the Community Development Department.
SECTION 3. Approval. The Atascadero City Council, in a regular session assembled
on April 27, 2004, resolved to approve Conditional use Permit 2003-0118, a Master Plan of
Development for Zone Change 2003-0071 subject to the following:
1. EXHIBIT A: Conditions of Approval/Mitigation Monitoring Program
2. EXHIBIT B: Site plan
3. EXHIBIT C: Landscape Plan
4. EXHIBIT D: Statistical Summary
• 5. EXHIBIT E: Grading and Drainage Plan
6. EXHIBIT F: Lot 1: Floor Plan and Elevations
75
ITEM NUMBER: B- 1
DATE: 04/27/04
7. EXHIBIT G: Lot 2: Floor Plan and Elevations
8. EXHIBIT H: Lot 3: Floor Plan and Elevations •
9. EXHIBIT I: Lot 4: Floor Plan and Elevations
10. EXHIBIT J: Exterior Color&Material Sample Board
11. EXHIBIT K: Arborist Report
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
•
76
ITEM NUMBER: B- 1
DATE: 04/27/04
EXHIBIT A:Conditions of Approval/Mitigation Monitoring Program
• PD-7 Master Plan of Development(CUP 2003-0118)/ZCH 2003-0071
Conditions of Approval/ Timing Responsibility Mitigation Measure
Mitigation Monitoring Program /Monitoring
PS:Planning
BL:Business Lioense Services
5528 Tunitas Ave./5559 Rosario Ave. GP:Grading Permit BS:Building
PD-7 Master Plan of Development BP:Building Permit services
FI: Final Inspection FD:Fire Department
CUP 2003-01182CH 2003-0071 TO:Temporary Occupancy PD:Police
FO:Final Occupancy Department
CE:City Engineer
WW:Wastewater
CA City Attorney
Planning Services
1. The approval of this zone change and use permit shall PS
become final and effective following City Council approval.
2. Approval of this Master Plan of Development shall be valid FM PS
concurrently with the life of Tentative Tract Map 2003-
0052 and then indefinitely following final map. The Master
Plan of Development approval shall expire and become
null and void unless a final map is recorded consistent
with the Master Plan of Development.
3. Changes to the Master Plan of Development shall be On-going PS
approved by the Planning Commission and do not require
• Council action.
4. The Community Development Department shall have the BP/FM PS
authority to approve the following minor changes to the
project the(1)modify the site plan project by less than
10%,(2)result in a superior site design or appearance,
and/or(3)address a construction design issue that is not
substantive to the Master Plan of Development. The
Planning Commission shall have the final authority to
approve any other changes to the Master Plan of
Development and any associated Parcel Maps.
5. All subsequent Tentative Parcel Map and construction BP/FM PS
permits shall be consistent with the Master Plan of
Development contained herein.
6. All exterior elevations,finish materials and colors shall be BP PS
consistent with the Master Plan of Development as shown
in Exhibit B,C and E 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.
■ Windows shall be single or double hung vinyl and
shall be complimentary in color to the color schemes
shown in EXHIBIT J.
77
ITEM NUMBER: B- 1
DATE: 04/27/04
Conditions of Approval/ Timing Responsibility Mitigation Measure
Mitigation Monitoring Program /Monitoring
PS:Planning •
5528 Tunitas Ave./5559 Rosario Ave. BL:Business License SendcesGP:Grading Pemrit Bs:Building
PD-7 MasterPlan of Development BP:BuildingPermt services
FI: Final Inspection FD:Fire Department
CUP 2003-01182CH 2003-0071 TO:Temporary Occupancy PD:Police
FO:Rnal Occupancy Department
CE:City Engineer
WIN:Wastewater
CA City Attorney
■ Roof material is to be of architectural grade.
• Siding shown on Parcel 2 residence shall wrap
around a minimum of 4 feet along the north elevation
Unit A(Lot 1)shall include an emphasized
Mediterranean theme to include tapered columns,
stylized railing material,trim surrounding the patio
opening,and added features or thicker walls to
recess the windows or give the appearance thereof
OR the fagade shall incorporate clapboard siding and
window elements consistent with the adjacent
proposed structure on Lot 4,subject to staff approval.
7. All site development shall be consistent with the maximum BP/FM PS
intensities described in the statistical project summary as
shown on EXHIBIT D.
8. All site work,grading and site improvements shall be BP/FM PS
consistent with the Master Plan of Development as shown
in EXHIBIT B,C and E. •
9. A final landscape and irrigation plan shall be approved BP PS
prior to the issuance of building permits and included as
part of site improvement plan consistent with EXHIBIT 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.
• The developer shall landscape all front yards. All
landscape maintenance shall be the responsibility of the
individual property owner.
• Shade and screening trees shall be installed by the
developer in all rear yards as shown in EXHIBIT C.
■ Street trees shall be 15-gallon Live Oak trees with a
minimum of one tree installed on lot 1 and 4.
■ No irrigation shall be installed beneath existing native
oak trees unless the arborist notes historic regular
watering of the trees. Mulch shall be applied at the base of
all native trees as shown on the conceptual landscape
plan(EXHIBIT C)
■ All required landscape trees shall be double staked
upon installation.
10. All project fencing shall be installed consistent with BP PS
EXHIBIT C subject to the following modifications:
78
ITEM NUMBER: B-1
DATE: 04/27/04
Conditions of Approval/ Timing Responsibility Mitigation Measure
• Mitigation Monitoring Program /Monitoring
PS:Manning
BL:Business License Services
5528 Tunitas Ave./5559 Rosario Ave. GP:Grading Permit BS:Building
PD-7 Master Plan of Development BP:Building Permit sen,icee
FI: Final Inspection FD:Fire Department
CUP 2003-0118/ZCH 2003-0071 To:Temporary Occupancy PD:Police
FO:Final Occupancy Department
CE:City Engineer
WW:Wastewater
CA City Attorney
a. Fencing shall be constructed of 4-foot high solid
redwood or cedar boards with 2-foot lattice section
above.
b. Fencing along the Rosario and Tunitas Ave frontages
shall be a maximum of 3 feet in height.No fencing
greater than 3 feet in height shall be located between
the residence frontages and the street.
c. The design of all fencing shall be compatible with the
overall project design,subject to staff approval
11. A Tree Protection Plan shall be prepared for GP PS
encroachment within the drip line of native trees located BP
on the subject parcel and any adjacent properties.The
applicant will contract with a certified arborist to monitor all
activity within the drip lines of existing native oak trees.
12. Affordable Housing Requirement: The applicant shall FM,BP PS,CE
either set aside one housing unit at the moderate category
• rate for a period of 30 years,or pay an in-lieu fee based
on 5.00%of the construction valuation of each of the
market rate units.
13. All exterior material finishes(stucco,materials,lighting, BP PS
garage doors)shall be durable,high quality,and
consistent with Exhibit J.
14. 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
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
79
ITEM NUMBER: B- 1
DATE: 04/27/04
Conditions of Approval/ Timing Responsibility Mitigation Measure
Mitigation Monitoring Program /Monitoring •
PS:Planning
5528 Tunitas Ave./5559 Rosario Ave. BL Business License Services
GP:Grading Permit BS:Building
PD-7 Master Plan of Development BP:Building Perry* services
CUP 2003-0118/ZCH 2003-0071 Fl:Rnal Inspection FD:Fre Department
TO:Temporary Occupancy PD:Police
FO:Final Owupancy Department
CE:City Engineer
WW:Wastewater
CA:City Attorney
reserved;and
■ The City Attorney shall approve the final form of the
agreement.
15. The applicant shall replant 11 15-gallon sized native trees
on site consistent with the requirements of the Atascadero
native Tree ordinance.
Building Services
16. A soils investigation prepared by a licensed BP FM
Geotechnical Engineer is to be provided for the project.
The report is to be provided at the time of building
permit submittal along with the building plans for review
by the Building Division. Recommendations contained
in the report are to be incorporated into the project
plans.
Fire Marshal
17. The location of all existing and proposed fire hydrants FMCE •
shall be shown on subsequent building permit
applications.
18. A letter shall be provided from Atascadero Mutual Water FM CE
Company stating the minimum expected water available
to the site. Amount available must meet minimum
requirement specified in the California Fire Code.
19. Address signage design shall be provided prior to FM CE
issuance of any subsequent building permits.
City Engineer
Site Specific Conditions
20. In the event that the applicant is allowed to bond for the BP PW
public improvements required as a condition of this
map,the applicant shall enter into a Subdivision
Improvement Agreement with the City Council.
21. An engineer's estimate of probable cost shall be BP/GP/FM PW
submitted for review and approval by the City Engineer
to determine the amount of the bond.
22. The Subdivision Improvement Agreement shall record BP PW
concurrently with the Final Map.
23. All public improvements shall be constructed in FM PW
conformance with the City of Atascadero Engineering
Department Standard Specifications and Drawings or .
as directed by the City Engineer.
80
ITEM NUMBER: B - 1
DATE: 04/27/04
Conditions of Approval/ Timing Responsibility Mitigation Measure
Mitigation Monitoring Program /Monitoring
PS:Planning
BL.Business License Services
5528 Tunitas Ave./5559 Rosario Ave. GP:Grading Permit Bs:Building
PD-7 Master Plan of Development BP:Building Permit services
FI: Final Inspection FD:Fire Department
CUP 2003-0118/ZCH 2003-0071 TO:Temporary Occupancy PD:Police
FO:Final Occupancy Department
CE:city Engineer
WW:Wastewater
CA City Attorney
24. The applicant shall enter into a Plan Check/Inspection BP PW
agreement with the City.
25. The applicant shall be responsible for the relocation FM PW
and/or alteration of existing utilities.
26. The applicant shall install all new utilities (water, gas, FM PW
electric, cable TV and telephone) underground. Utilities
shall be extended to the property line frontage of each
lot or its public utility easement.
27. The applicant shall monument all property corners for
construction control and shall promptly replace them if
disturbed.
28. A preliminary subdivision guarantee shall be submitted BP BS
for review in conjunction with the processing of the
parcel map.
29. All existing and proposed utility, pipeline, open space, BP PW
or other easements are to be shown on the parcel map.
If there are building or other restrictions related to the
easements,they shall be noted on the parcel map. The
applicant shall show all access restrictions on the parcel
map.
30. Prior to recording the parcel map, the applicant shall BP PW
submit a map drawn in substantial conformance with
the approved tentative map and in compliance with all
conditions the City in accordance with the Subdivision
Map Act and the City's Subdivision Ordinance forth
herein shall submit set for review and approval.
31. Prior to recording the parcel map, the applicant's BP PW
surveyor shall set monuments at all new property
corners or shall indicate,by certificate on the final map,
that corners have been set or shall be set by a date
specific and that they will be sufficient to enable the
survey to be retraced.
32. Prior to recording the parcel map, the applicant shall BP BS
pay all outstanding plan check/inspection fees.
33. Prior to recording the parcel map, the applicant shall BP PW
have the map reviewed by all applicable public and
private utility companies (cable,telephone,gas, electric,
Atascadero Mutual Water Company). The applicant
shall obtain a letter from each utility company, which
indicates their review of the map. The letter shall
identify any new easements, which may be required by
• the utility company. A copy of the letter shall be
submitted to the City. New easements shall be shown
on the parcel map.
81
ITEM NUMBER: B- 1
DATE: 04/27/04
Conditions of Approval/ Timing Responsibility Mitigation Measure
Mitigation Monitoring Program /Monitoring
PS:Planning
5528 Tunitas Ave./5559 Rosario AVE. BL Business license Services
GP:Grading Permit BS:Building
PD-7 Master Plan of Development BP:Building Permit services
FI: Final Inspection FD:Fire Department
CUP 2003-01182CH2O03-0071 TO:Temporary Occupancy PD:Police
FO:Final Occupancy Department
CE:City Engineer
WW:Wastewater
CA city Attorney
34. Upon recording the final map, the applicant shall BP BS
provide the City with a black line clear Mylar (0.4 mil)
copy and a blue line print of the recorded map.
35. Prior to the final inspection of any public improvements, BP PW
the applicant shall submit a written statement from a
registered civil engineer that all work has been
completed and is in full compliance with the approved
plans.
City Engineer BP PW
Site Specific Conditions
36. The applicant shall construct new curb,gutter, and BP PS/PW
sidewalk,in accordance with City Standards,along
entire frontage. The back of sidewalk shall be placed at
the property line,unless the City Engineer deems a
different alignment is appropriate.
37. The applicant shall overlay Tunitas to the centerline BP PS/PW
plus ten feet,in accordance with City Standards.
38. The applicant shall address storm water detention prior BP PW
to grading and drainage approval.
39. The applicant shall pay sewer Extension (Annexation) BP BS
and Connection fees upon issuance of building permit.
40. Existing drainage patterns from adjacent properties BP PW
shall not be obstructed.
41. All drainage from improvements shall cross property BP PW
lines within drainage easements. Five-foot drainage
easements shall be shown on final map.
Wastewater Department Standard Conditions BP PW
42. Existing SS lateral shall be located at the Parcel 2
property line/Tunitas R.O.W. and capped for future
Parcel 1 use.
43. Each building shall be individually connected to the
public sewer via a 4°gravity lateral,or as approved by
the City Engineer.
Atascadero Mutual Water Company
44. Before the issuance of building permits,or the recording BP BS
of the Final Map,the applicant shall submit plans to
AMWC for the water distribution facilities needed to
serve the project. AMWC shall review and approve the
plans before construction begins on the water system
improvements. All new water distribution facilities shall
be constructed in conformance with AMWC Standards
82
ITEM NUMBER: B - 1
DATE: 04/27/04
Conditions of Approval/ Timing Responsibility Mitigation Measure
• Mitigation Monitoring Program /Monitoring
PS:Planning
es
5528 Tunitas Ave./5559 Rosario Ave. GP susmessPemitLicense BS:Buil
GP:Grading Permit 135:Building
PD-7 Master Plan Of Development BP:Building Permit Services
FI: Rnal Inspection FD:Fre Department
CUP 2003-0118/ZCH 2003-0071 TO:Temporary Occupancy PD:Police
FO:Final Occupancy Department
CE:City Engineer
WW:Wastewater
CA City Attomey
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.
45. Prior to the issuance of building permits,the applicant BP BS
shall obtain a"Will Serve"letter from the Atascadero
Mutual Water Company for the newly created Lots.
46. 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.
47. Before the issuance of building or permits,the applicant BP BS
shall provide AMWC with easements for those water
facilities proposed for operation and maintenance by
AMWC that are constructed outside of publicly
maintained right-of-ways. AMWC shall review the form
and content of the easements before recordation.
• 48. The applicant is responsible for designing and BP BS/PW
constructing water system improvements that will
provide water at pressures and flows adequate for the
domestic and fire protection needs of the project.
Mitigation Measures
Mitigation Measure 3.b.1: The project shall be conditioned to BP BS 3.b.1
comply with all applicable District regulations pertaining to the
control of fugitive dust(PM-10)as contained in sections 6.3,
6.4 and 6.5 of the April 2003 Air Quality Handbook.
Section 6.3: Construction Equipment
• Maintain all construction equipment in proper tune
according to manufacturer's specifications.
• Fuel all off-road and portable diesel powered
equipment, including but not limited to bulldozers,
graders,cranes, loaders,scrapers,backhoes,
generator sets,compressors,auxiliary power units,
with ARB certified motor vehicle diesel fuel(Non-
taxed version suitable for use off-road).
• Maximize to the extent feasible,the use of diesel
construction equipment meeting the ARB's 1996 or
newer certification standard for off-road heavy-duty
diesel engines.
• Install diesel oxidation catalysts(DOC),catalyzed
diesels particulate filters(CDPF)or other District
approved emission reduction retrofit services
(Required for projects grading more than 4.0 acres of
continuously worked area).
Section 6.4: Activity Management Techniques
• Develop a comprehensive construction activity
83
ITEM NUMBER: B- 1
DATE:` 04/27/04
Conditions of Approval/ Timing Responsibility Mitigation Measure
Mitigation Monitoring Program
/Monitoring •
PS:Planning
5528 Tunitas Ave./5559 Rosario Ave. BL:Business License senAces
GP:Grading Permit BS:Building
PD-7 Master Plan of Development BP;Building Perrnit services
CUP 2003-0118/ZCH 2003-0071 FI: Final lnspecton FD:Fire Department
TO:Temporary Occupancy PD:Police
FO:Final Occupancy Department
CE:City Engineer
WN:Wastewater
CA City Attomey
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: Fuoitive PM10
All of the following measures shall be included on grading,
demolition and building plan notes:
A. Reduce the amount of the disturbed area where possible.
B. Use of water trucks or sprinkler systems in sufficient
quantities to prevent airborne dust from leaving the site.
Increased watering frequency would be required
whenever wind speeds exceed 15 mph. Reclaimed(non
potable)water should be used whenever possible.
C. All dirt stockpile areas should be sprayed daily as needed.
D. Permanent dust control measures identified in the
approved project re-vegetation and landscape plans
should be implemented as soon as possible following
completion of any soil disturbing activities.
E. Exposed ground areas that are plann4ed to be reworked
at dates greater than one month after initial grading should
be sown with'a fast-germinating native grass seed and
watered until vegetation is established.
F. All disturbed soil areas not subject to re-vegetation should
be stabilized using approved chemical soil binder,jute
netting,or other methods approved in advance by the
APCD.
G. All roadways,driveways,sidewalks,etc,to be paved
should be complete as soon as possible. In addition,
building pads should be laid as soon as possible after
grading unless seeding or soil binders are used.
H. Vehicle speed for all construction vehicles shall not
exceed 15 mph on any unpaved surface at the
construction site.
1. All trucks hauling dirt,sand,soil,or other loose materials
are to be covered or should maintain at least two feet of
freeboard(minimum vertical distance between top of load
and top of trailer) in accordance with CVC Section 23114.
J. Install wheel washers where vehicles enter and exit
unpaved roads onto streets,or was off trucks and
equipment leaving the site.
K. Sweep streets at the end of each day if visible soil
material is carried onto adjacent paved roads. Water
sweepers with reclaimed water should be used where
feasible.
L. The contractor or builder shall designate a person or •
persons to monitor the dust control program and to order
increased watering, as necessary,to prevent transport of
dust off site. The name and telephone number of such
84
ITEM NUMBER: B- 1
DATE: 04/27/04
Conditions of Approval/ Timing Responsibility Mitigation Measure
• Mitigation Monitoring Program /Monitoring
Ps:Planning
BL Business License services -
5528 Tunitas Ave./5559 Rosario Ave. GP:Grading Pemrt Bs:Building
PD-7 Master Plan of Development BP:Building Pemut services
FL Final Inspection FD:Fire Department
CUP 2003-0118/ZCH 2003-0071 TO:Temporary Occupancy PD:Police
Department
FO:Final Occupancy CE;City Engineer
VM:Wastewater
CA City Attomey
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 PSBS 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 PSBS 4.e.2
identify tree protection fencing around the drip line 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 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 drip line 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.
i
85
ITEM NUMBER: B- 1
DATE: 04/27/04
Conditions of Approval/ Timing Responsibility Mitigation Measure
Mitigation Monitoring Program /Monitoring
PS:Planning
5528 Tunitas Ave./5559 Rosario Ave. BL:Business License Services
GP;Grading Pemrt BS:Building
PD-7 Master Plan of Development BP:Building Permit Services
CUP 2003-0118/ZCH 2003-0071 Fl:Final Inspection FD:Fre Department
TO:Temporary Occupancy PD:Police
FO:Final Occupancy Department
CE:City Engineer
WW:Wastewater
CA City Attorney
Mitigation Measure 4.e.4: The developer shall contract with a GP PSBS 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 24"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.
86
ITEM NUMBER: B- 1
DATE: 04/27/04
Conditions of Approval/ Timing Responsibility Mitigation Measure
Mitigation Monitoring Program /Monitoring
PS:Planning
BL Business License Services
5528 Tunitas Ave./5559 Rosario Ave. GP:Grading Pe,rrdt BS:Building
PD-7 Master Plan of Development BP:Building Permit services
FI:Final Inspection FD:Fire Department
CUP 2003-011$/ZCH 2003-0071 To:Temporary Occupancy PD:Police
FO:Rnal Occupancy Department
CE:City Engineer
WW:Wastewater
CA:City Attorney
■ 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 drip line 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 drip line
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. The
arborist shall also certify the health of the two mature oak
trees on site and provide recommendations for future
action if necessary.
Mitigation Measure 4.e.5:All tree removals shall be mitigated 4.e.5
as prescribed by the Atascadero Native Tree Ordinance.
($500.00)
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.
87
ITEM NUMBER: B- 1
DATE: 04/27/04
Conditions of Approval✓ Timing Responsibility Mitigation Measure
Mitigation Monitoring Program /Monitoring •
PS:Planning
5528 Tunitas Ave./5559 Rosario Ave. BL Business Licenseseniices
GP:Grading Permit BS:Building
PD-7 Master Plan of Development BP:Building Pen„itservices
CUP 2003-0118/ZCH 2003-0071 Fl: Final Inspection FD:Fire Department
TO:Temporary occupancy PD:Police
FO:Final Occupancy Department
CE:City Engineer
WW:Wastewater
CA City Attorney
Mitigation Measure 6.c.1: A soils report shall be required to be GP BS 6.c.1
submitted with a future building permit by the building
department.
Mitigation Measure 8.e.f.1: The developer is responsible for GP BS 8.e.f.1
ensuring that all contractors are aware of all storm water
quality measures and that such measures are implemented.
Failure to comply with the approved construction Best
Management Practices will result in the issuance of correction
notices,citations, or stop work orders.
Mitigation Measure 11.d.1: All construction activities shall GP BS 11.d.1
comply with the City of Atascadero Noise Ordinance for hours
of operation.
•
88
ITEM NUMBER: B -1
DATE: 012114
EXHIBIT B:Site Plan
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89
ITEM NUMBER: B- 1
DATE: 04/27/04
EXHIBIT C:Landscape Plan •
90
ITEM NUMBER: B- 1
DATE: 04/27/04
EXHIBIT D:Statistical Summary of Project
•
Proposed Project Summary
Lot Area 6611 sf 7605 sf 9619 sf 7260 sf
Building Footprint 1775 sf 2685 sf 1186 sf 1183 sf
(not to exceed 35%) 27% 35% 12% 16%
Landscaped Area 4766 sf 4420 sf 4930 sf 4826 sf
(minimum 40%) 72% 58% 51% 66%
Covered Parking 2 spaces 2 spaces 2 spaces 2 spaces
Guest Parking 2 spaces 2 spaces 2 spaces 2 spaces
Lower Living Area 1143 sf 2245 sf 1218 sf 1204 sf
Upper Living Area 860 sfJ 0 sfJ 841 sf 860 sf
Garage 431 sfl 440 sfl 473 sf 431 sf
•
i
91
ITEM NUMBER: B- 1
DATE: 04/27/04
EXHIBIT E:Grading and Drainage Plan
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92
ITEM NUMBER: B- 1
DATE: 04/27/04
EXHIBIT F:Lot 1: Floor Plan and Elevations
•
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93
ITEM NUMBER: B- 1
DATE: 04/27/04
EXHIBIT G:Lot 2:Floor Plan and Elevations •
CM,
110
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fI ,,,,Y rrN "e• i ,I "t. 1ij.
94
ITEM NUMBER: B- 1
DATE: 04/27/04
EXHIBIT H:Lot 3:Floor Plan and Elevations
•
Wim= q
f;
EAST ELEVAT oN NORTH ELEVATION... -.
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WESTELEVATION SOUTH ELEVATION
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WWI-
95
ITEM NUMBER: B- 1
DATE: 04/27/04
EXHIBIT I: Lot 4:Floor Plan and Elevations •
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96
ITEM NUMBER: B- 1
DATE: 04/27/04
EXHIBIT J:Exterior Color&Material Sample Board
•
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97
ITEM NUMBER: B - 1
DATE: 04/27/04
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98
ITEM NUMBER: B- 1
DATE: 04/27/04
• EXHIBIT K:Arborist Report
Steven G.Alvarez Arborist
1615 Lupine Lane;
TetnpletOn,CA.93465
(805)431-2581
September,29,2,003
Revised March"4.2004
To Mr.William Mehring"
From: Steven Alvarez
Certified Arborist
Re: Lot Split for Parcel on Tunitas avenin A.taseadero CA
This report is gards>to the proposed lot"split:listed above "l'he tress on the existing;lnt
consist of yeung:to=mature white oaks(Querp"aye alba)and3"white oaks(Quercus.lobata)"
and one black.walnut(Judlwu nfWa). Ttuee.trees":will need to be,m o d.to
• accommodate the left split,The owner shall.be solely responsible in providing a"copy of
this tree-protection plan-to any and all n tors"tlaat.encroach within the"drip line of
any"native tree. It as highly advisdd that the twner bias each oontmctor scgn hisvopy also.
The following mitigation measures and netha musvbe fully understoodand followed
by anyone working within tho,eritical root zi ne:ofany oak tree. Any,necessary
clariftc:ation°will be provided by the arborist upon.request.
1. Fencior Tito"proposed fencing.is-highlighted in yellow tits the grading plan,
It must be,a minimum of"4'high chain link,stow,or safety fence staked at the drip-line or
line of encroachment for each tree or group pt trees. The fence trust be up before"any
construction or earth moviug`begins The owner shall 1be'respopsible formaintaiaing an
erect fence throughout the"construon period. The arborist upon notification" ill
inspect the fence placement-once it is erected. This4sm4adatorfor this pro) t.
2. Soil Aeration Methods: Soils under-the""drip=lines that have been compacted
by1eavy equipment andlor=eonstnu tion activities"must"be returned-,to their original state
before al work is completed Methods include water jetting,adding organic matter,and
boring:small Boles with an+auger(til"deep,2-T apart witha"24"auger)and the
application=of,moder€tte"amounts af'' fertilizer. The arborist(g)shall advise,
3. Chip Munch: 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.
4 Trenching Within the Drip-Brae; All trenching under the drip-lines of native
trees shall be hand dug,-augured or bored. All major roots shall he avoided whenever
possible. All exposed roots.-larger than.I"in diameter shall be clean cut with a sharp
pruning tools and"not left ragged.
5. Grading Within the Drip-line; Grading;should not encroach within the
drip-line. If grading is necessary,construction of retaining walls ortree wells or other
99
ITEM NUMBER: B-1
DATE: 04/27/04
EXHIBIT K:Arborist Report •
protection measures may be necessary to insure the survivability oftbe 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. Pills should not create a ponding condition and
excavations sboutd not leave the tree on a-rapidly' ming mound,
6. Exposed hoots Any exposed roots droll be recovered the same clay they
were exposed. lfthey eannot,they must be covered;with burlap or another suitable
material and wetted down:-2x,per day until re-buried:
7, Paving Within the Drip-line. Arborist will advise. The existing driveway
on this lot has already been compacted so pavers may not be necessary.
& Equipment Operation: Vehicles and all heavy equipment shall not be
driven under-th7e trees,as this will contribute toxoil compaction.
9. Existing Surfaces: The existing ground surface within the drip-line of all oak
trees shall=not-be cut,filled,compacted or-pared. The exception will be adding base on
the edge of the existing driveway.
111« Construetion Matekr°iuls and Waste: No liquid or solid:construction waste
shall be dumped on the ground within the drip-line of any oak tree.
11. Arborist Monitoring: An arborist dial l be present fpr selected activities
(trees identified on spreadsheet)and pre-col strucdon ferift:placement: The monitoring
does not:necessarly have to be continuous but observational at times during the eve.
activities.
12. Pro-CottstructionMeeting: An-on-situpte-constructionmeet with the •
Arborist(s),Owner,Planning Staff:and the tar*y-nioving,tpam.may-be;;requue&for this,
project, Prior to final occupancy,a-letter froim the,arborist(s),shall.be required verityinp;;
thebealth/condition ofgtl impacted=tr :anal aviding any rccommendaftowfor any
additional mitigation. T°he:letter skall.verifyat:tlte aibcatist(s)were-on site for all
grading and/or trenching activity that encroached into the drip-line of the selected native
trees,and that all work done in these-areas completed to the standards set forth
above.,
All ftm;potentially`im ted-by this-prcrject_a nutn d_and'iderrtifrhd un hotb the
gradingplan and the spreadsheet. The included,spreadsheet includes tzees:l'isted by
number;species and multiple stems ifapplicablz?diameter and`breast height(4.5'),
condition{.scale from poor to excellent),status(avoided;4npact4.rtmoved,exempt),
Percent of drip line impacted,mitigation required(fencing),construction impact(house
road,etc.),and individual tree notes.
Please let arae know if,I can be of any future assistance to you for thus project.
Steven G.Alvarez
Certified.Arborist 40511
100
ITEM NUMBER: B - 1
DATE: 04/27/04
ATTACHMENT 7: Draft Resolution C
•
DRAFT RESOLUTION C
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, APPROVING VESTING TENTATIVE
PARCEL MAP 2003-0052, A FOUR LOT MAP CONSISTENT WITH A PD-
7 OVERLAY ZONE
OF APN 029-081-010
(5528 TUNITAS AVE, 5559 ROSARIO AVE. /MEHRING)
WHEREAS, an application has been received from William Mehring (11190 Santa
Lucia 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 five lot residential Tentative Parcel Map on APN 029-081-010 and,
WHEREAS, the site's General Plan Designation is MDR (Medium-Density Residential);
and,
WHEREAS, the site's current zoning district is RMF-10 (Residential Multi-Family);
and,
WHEREAS, the Planning Commission has recommended that a site be rezoned to
include a PD-7 overlay with aMaster Plan of Development thereby allowing a four 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
Parcel 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 April 7, 2004, studied and considered Tentative Parcel Map 2003-0052,
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 27, 2004, studied
and considered Vesting Tentative Parcel Map 2003-0052, after first studying and considering the
Draft Mitigated Negative Declaration prepared for the project; and,
101
ITEM NUMBER: B- 1
DATE: 04/27/04
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero: .
SECTION 1.`Findings of Approval for Tentative Parcel Map,the City Council finds
as follows:
1 The proposed subdivision, as conditioned, is consistent with the General Plan and
applicable zoning requirements.
2. The design and improvement of the proposed subdivision is consistent with the
General Plan and applicable zoning requirements.
3. The proposed subdivision, as conditioned, is consistent with the proposed Planned
Development Overlay District#7 Master Plan of Development(CUP 2003-0118).
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 proposed subdivision design and type of improvements proposed will not be
detrimental to the health, safety or welfare of the general public.
SECTION 2. Approval. The Atascadero City Council in a regular session assembled
on April 27, 2004, resolves to approve Vesting Tentative Parcel Map (TPM 2003-0052) subject
to the following:
1. Exhibit A: Vesting Tentative Parcel Map 2003-0052
2. Exhibit B: Conditions of Approval/Mitigation Monitoring Program.
•
102
ITEM NUMBER: B- 1
DATE: 04/27/04
On motion by Council Member and seconded by Council Member
• , the foregoing Resolution is hereby adopted in its entirety on the following
roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
George Luna, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C.,City Clerk
APPROVED AS TO FORM:
Roy A. Hanley, City Attorney
103
ITEM NUMBER B- 1
DATE: 04/27/04
Exhibit A:Vesting Tentative Parcel Map 2003-0052 •
V E .
Ole
SFO
s '.
�.
u M Y
104
ITEM NUMBER: B-1
DATE: 04/27/04
Exhibit B:Conditions Of Approval/Mitigation Monitoring Program
•
Conditions of Approval/ Timing Responsibility Mitigation Measure
Mitigation Monitoring Program /Monitoring
PS:Planning
BL:Business License services
5528 Tunitas Ave./5559 Rosario Ave. GP:Grading Permit BS:Building
PD-7 Master Plan of Development BP:Building Penrat Services
TPM 2003-0052 FI: Final inspection FD:Pal Police TO:TerrporarY Occupancy
FO:Final Occupancy Department
CE City Engineer
WW:Wastewater
CA City Attorney
Planning Services
1. The approval of this Tentative Parcel Map shall not FM PS
become final and effective following approval of Zone
Change 2003-0071 and CUP 2003-0118.
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 029-081-010 regardless of
owner.
6. The Final Map shall be drawn in substantial FM PS
conformance with the approved tentative map,and in
compliance with all conditions set forth herein, shall
be submitted for review and approval in accordance
with the Subdivision Map Act and the City's
Subdivision Ordinance.
7. The subdivider shall defend, indemnify, and hold FM PS
harmless the City of Atascadero or its agents,
officers, and employees against any claim or action
brought to challenge an approval by the city,or any of
its entities,concerning the subdivision.
8. Affordable Housing Requirement: The applicant shall FM PS,CE
either set aside one housing unit at the moderate
. category rate for a period of 30 years and pay in-lieu
fees for the factional portion owed in excess of one
unit, or pay an in-lieu fee based on 5.00% of the
construction valuation of each of the market rate
105
ITEM NUMBER: B- 1
DATE: 04/27/04
Conditions of Approval/ Timing Responsibility Mitigation Measure
Mitigation Monitoring Program /Monitoring •
PS:Planning
5528 Tunitas Ave./5559 Rosario Ave. BL Business License Services
GP:Grading Permit Bs:Building
PD-7 Master Plan of Development BP:Building Permit services
TPM 2003-0052 FI: Final Inspection FD:Fire Department
TO:Temporary Occupancy PD:Police
FO:Final Occupancy Department
CE:City Engineer
WW:Wastewater
CA:City Attorney
units.
9. Workforce Housing FM PS,CE
Prior to recordation of final map,the applicant shall enter into a
legal agreement with the City to reserve 1/2 of the units for sale
to residents or workers within the City of Atascadero, including
the affordable units. The agreement shall include the following
provisions:
■ The units shall be offered for sale to residentsor
workers within the City of Atascadero for a
minimum of 60-days. During this time period offers
may only be accepted from Atascadero residents or
workers;
• The applicant shall provide reasonable proof to the
City that at least one of the qualified buyers is a
resident or worker within the City Limits of
Atascadero;
■ The Atascadero resident or worker restriction shall •
apply to the initial sale only;
• The applicant shall identify which units will be
reserved;and
■ The City Attorney shall approve the final form of the
agreement.
Building Services
10. 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
11. The location of all existing and proposed fire FM CE
hydrants shall be shown on subsequent building
permit applications.
12. A letter shall be provided from Atascadero Mutual FM CE
Water Company stating the minimum expected
water available to the site. Amount available must
meet minimum requirement specified in the
California Fire Code.
13. Address signage design shall be provided prior to FM CE
issuance of any subsequent building permits.
106
ITEM NUMBER: B- 1
DATE: 04/27/04
Conditions of Approval/ Timing Responsibility Mitigation Measure
Mitigation Monitoring Program /Monitoring
• PS:Planning
5528 Tunitas Ave./5559 Rosario Ave. BL Business License Services
GP:Grading Permit BS:Building
PD-7 Master Plan of Development BP:Building Perrnit _services
FI: Final Inspection FD:Fire Department
TPM 2003-0052 TO:Temporary occupancy PD:Ponce
FO:Final Occupancy Department
CE:City Engineer
WW:Wastewater
CA City Attorney
City Engineer
Site Specific Conditions
14. In the event that the applicant is allowed to bond for BP PW
the public improvements required as a condition of
this map,the applicant shall enter into a
Subdivision Improvement Agreement with the City
Council_
15. An engineer's estimate of probable cost shall be BP/GP/FM PW
submitted for review and approval by the City
Engineer to determine the amount of the bond.
16. The Subdivision Improvement Agreement shall BP PW
record concurrently with the Final Map.
17. All public improvements shall be constructed in FM PW
conformance with the City of Atascadero
Engineering Department Standard Specifications
and Drawings or as directed by the City Engineer.
• 18. The applicant shall enter into a Plan BP PW
Check/Inspection agreement with the City.
19. The applicant shall be responsible for the relocation FM PW
and/or alteration of existing utilities.
20. The applicant shall install all new utilities (water, FM PW
gas, electric, cable TV and telephone)
underground. Utilities shall be extended to the
property line frontage of each lot or its public utility
easement.
21. The applicant shall monument all property corners
for construction control and shall promptly replace
them if disturbed.
22. A preliminary subdivision guarantee shall be BP BS
submitted for review in conjunction with the
processing of the parcel map.
23. All existing and proposed utility, pipeline, open BP PW
space, or other easements are to be shown on the
parcel map. If there are building or other
restrictions related to the easements, they shall be
noted on the parcel map. The applicant shall show
all access restrictions on the parcel map.
24. Prior to recording the parcel map, the applicant BP PW
shall submit a map drawn in substantial
• conformance with the approved tentative map and
in compliance with all conditions the City in
accordance with the Subdivision Map Act and the
City's Subdivision Ordinance forth herein shall
107
ITEM NUMBER: B- 1
DATE: 04/27/04
Conditions of Approval/ Timing Responsibility Mitigation Measure
Mitigation Monitoring Program /Monitoring
PS:Planning
5528 Tunitas Ave./5559 Rosario Ave. e�:Business License Services
GP:Grading Pemrt BS:Building
PD-7 Master Plan of Development BP:Building Permit Services
TPM 2003-0052 FI: Final inspection FD:Fire Department
TO:Temporary Occupancy PD:Police
FO:Final Occupancy Department
CE:City Engineer
WIN:Wastewater
CA City Attorney
submit set for review and approval.
25. Prior to recording the parcel map, the applicant's BP PW
surveyor shall set monuments at all new property
corners or shall indicate, by certificate on the final
map, that corners have been set or shall be set by
a date specific and that they will be sufficient to
enable the survey to be retraced.
26. Prior to recording the parcel map, the applicant BP BS
shall pay all outstanding plan check/inspection
fees.
27. Prior to recording the parcel map, the applicant BP PW
shall have the map reviewed by all applicable
public and ` private utility companies (cable,
telephone, gas, electric, Atascadero Mutual Water
Company). The applicant shall obtain a letter from
each utility company,which indicates their review of
the map. The letter shall identify any new
easements, which may be required by the utility •
company. A copy of the letter shall be submitted to
the City. New easements shall be shown on the
parcel map.
28. Upon recording the final map, the applicant shall BP BS
provide the City with a black line clear Mylar (0.4
mil)copy and a blue line print of the recorded map.
29. Prior to the final inspection of any public BP PW
improvements, the applicant shall submit a written
statement from a registered civil engineer that all
work has been completed and is in full compliance
with the approved plans.
City Engineer BP PW
Site Specific Conditions
30. The applicant shall construct new curb,gutter,and BP PS/PW
sidewalk, in accordance with City Standards,along
entire frontage. The back of sidewalk shall be
placed at the property line, unless the City
Engineer deems a different alignment is
appropriate.
31. The applicant shall overlay Tunitas to the centerline BP PS/PW
plus ten feet,in accordance with City Standards.
32. The applicant shall address storm water detention BP PW
prior to grading and drainage approval.
33. The applicant shall pay sewer Extension BP BS •
(Annexation)and Connection fees upon issuance
108
ITEM NUMBER: B- 1
DATE: 04/27/04
Conditions of Approval/ Timing Responsibility Mitigation Measure
• Mitigation Monitoring Program /Monitoring
PS:Planning
BL.Business License Services
5528 Tunitas AveJ5559 Rosario Ave. GP:Grading Permit BS:Building
PD-7 Master Plan of Development BP:Building Permit services
FI: Anal Inspection FD:Fire Department
TPM 2003-0052 TO:Temporary Occupancy PD:Police
FO:Rnal Occupancy Department
CE:City Engineer
WW:Wastewater
CA City Attorney
of building permit.
34. Existing drainage patterns from adjacent properties BP PW
shall not be obstructed.
35. All drainage from improvements shall cross BP PW
property lines within drainage easements. Five-
foot drainage easements shall be shown on final
map.
Wastewater Department Standard Conditions BP PW
36. Existing SS lateral shall be located at the Parcel 2
property line/Tunitas R.O.W. and capped for
future Parcel 1 use.
37. Each building shall be individually connected to the
public sewer via a 4"gravity lateral,or as approved
by the City Engineer.
Atascadero Mutual Water Company
38. Before the issuance of building permits,or the BP BS
recording of the Final Map,the applicant shall
submit plans to AMWC for the water distribution
facilities needed to serve the project. AMWC shall
review and approve the plans before construction
begins on the water system improvements. All 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_
39. Prior to the issuance of building permits,the BP BS
applicant shall obtain a"Will Serve"letter from the
Atascadero Mutual Water Company for the newly
created Lots.
40. 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.
41. Before the issuance of building or permits,the BP BS
applicant shall provide AMWC with easements for
those water facilities proposed for operation and
maintenance by AMWC that are constructed
outside of publicly maintained right-of-ways.
AMWC shall review the form and content of the
easements before recordation.
42. The applicant is responsible for designing and BID BS/PW
constructing water system improvements that will
109
ITEM NUMBER: B- 1
DATE: 04/27/04
Conditions of Approval/ Timing Responsibility Mitigation Measure
Mitigation Monitoring Program /Monitoring
PS:Planning
5528 TUnitas Ave./5559 Rosario Ave. BL:Business License Services
GP:Grading Pemvt BS:Building
PD-7 Master Plan of Development BP:Building Permit series
Fl: Final Inspection FD:Fire Department
TPM 2003-0052 TO:Temporaryoccupancy PD:Police
FO:Final Occupancy Department
CE:City Engineer
WW:Wastewater
CA City Attorney
provide water at pressures and flows adequate for
the domestic and fire protection needs of the
project.
Mitigation Measures
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,
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
110
ITEM NUMBER: B- 1
DATE: 04/27/04
Conditions of Approval/ Timing Responsibility Mitigation Measure
• Mitigation Monitoring Program /Monitoring
PS:Planning
BL.Business license Services
5528 Tunitas Ave./5559 Rosario Ave. GP:Grading Penrit BS:Building
PD-7 Master Plan of Development BP:Building Perrrr,it Services
FL Final Inspection FD:Fire Department'
TPM 2003-0052 TO:Temporary Occupancy PD:Police
FO:Final Occupancy Department
CE:City Engineer
WW:Wastewater
CA City Attorney
should be implemented as soon as possible following
completion of any soil disturbing activities.
E. Exposed ground areas that are plann4ed to be reworked
at dates greater than one month after initial grading should
be sown with a fast-germinating native grass seed and
watered until vegetation is established.
F. All disturbed soil areas not subject to re-vegetation should
be stabilized using approved chemical soil binder,jute
netting,or other methods approved in advance by the
APCD.
G. All roadways,driveways,sidewalks, etc,to be paved
should be complete as soon as possible. In addition,
building pads should be laid as soon as possible after
grading unless seeding or soil binders are used.
H. Vehicle speed for all construction vehicles shall not
exceed 15 mph on any unpaved surface at the
construction site.
I. All trucks hauling dirt,sand, soil,or other loose materials
are to be covered or should maintain at least two feet of
freeboard(minimum vertical distance between top of load
and top of trailer) in accordance with CVC Section 23114.
. J. Install wheel washers where vehicles enter and exit
unpaved roads onto streets,or was off trucks and
equipment leaving the site.
K. Sweep streets at the end of each day if visible soil
material is carried onto adjacent paved roads. Water
sweepers with reclaimed water should be used where
feasible.
L. The contractor or builder shall designate a person or
persons to monitor the dust control program and to order
increased watering,as necessary,to prevent transport of
dust off site. The name and telephone number of such
persons shall be provided to the APCD prior to land use
clearance for map recordation and land use clearance for
finish grading of any structure.
Mitigation Measure 4.e.l: The building permit site plan shall GP PS/BS 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/BS 4.e.2
identify tree protection fencing around the drip line of each
existing on-site tree and/or native shrub mass within 20 feet of
construction activity.
•
ITEM NUMBER: B- 1
DATE: 04/27/04
Conditions of Approval/ Timing Responsibility Mitigation Measure
Mitigation Monitoring Program /Monitoring
PS:Planning
5528 Tunitas Ave./5559 Rosario Ave. Bi_:Business License services
GP:Grading Permit BS:Building
PD-7 Master Plan of Development BP:Building permit services
TPM 2003-0052 Pli Final Inspection FD:Fre Department
TO:Temporary Occupancy PD:Police
FO:Final Occupancy Department
CE:City Engineer
WW:Wastewater
CA City Attorney
Mitigation Measure 4.e.3: Grading and excavation and 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 drip line 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
•
112
ITEM NUMBER: B- 1
DATE: 04/27/04
Conditions of Approval/ Timing Responsibility Mitigation Measure
Mitigation Monitoring Program /Monitoring
PS:Planning
BL:Business License Services
5528 Tunitas Ave./5559 Rosario Ave. GP:Grading Permt BS:Building
PD-7 Master Plan of Development BP:Building Permt services
FI: Final Inspection FD:Fire Department
TPM 2003-0052 TO:Temporary Occupancy PD:Police
FO:Final Occupancy Department
CE:City Engineer
WW:Wastewater
CA City Attorney
Mitigation Measure 4.e.4: The developer shall contract with a GP PSBS 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,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.
113
ITEM NUMBER: B- 1
DATE: 04/27/04
Conditions Of Approval/ Timing Responsibility Mitigation Measure
Mitigation Monitoring Program /Monitoring •
PS:Planning
5528 Tunitas Ave./5559 Rosario Ave.
BL Business License Services
GP:Grading Permit BS:Building
PD-7 Master Plan of Development BP:Building Penn t services
FI: Final Inspection FD:Fire Department
TPM 2003-0052 TO:Temporary Occupancy PD:Police
FO:Final Occupancy Department
CE:Qty Engineer
W W:Wastewater
CA:Qty Attorney
■ 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 drip line 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 drip line
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. The
arborist shall also certify the health of the two mature oak
trees on site and provide recommendations_for future
action if necessary.
Mitigation Measure 4.e.5:All tree removals shall be mitigated 4.e.5
as prescribed by the Atascadero Native Tree Ordinance.
($500.00)
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.
114
ITEM NUMBER: B- 1
DATE: 04/27/04
Conditions of Approval/ Timing Responsibility Mitigation Measure
Mitigation Monitoring Program /Monitoring
PS:Planning
BL:Business License Services
5528 Tunitas Ave./5559 Rosario Ave. GP:Grading Permit BS:Building
PD-7 Master Plan of Development BP:Building Permit services
FI: Final Inspection FD:Fre Department
TPM 2003-0052 TO:Temporary Occupancy PD:Police
FO:Final Occupancy Department
CE:city Engineer
WW:Wastewater
CA City Attorney
Mitigation Measure 6.c.1: A soils report shall be required to be GP BS 6.c.1
submitted with a future building permit by the building
department.
Mitigation Measure 8.0.1: The developer is responsible for GP BS 8.e.f.1
ensuring that all contractors are aware of all storm water
quality measures and that such measures are implemented.
Failure to comply with the approved construction Best
Management Practices will result in the issuance of correction
notices,citations,or stop work orders.
Mitigation Measure 11.d.1: All construction activities shall GP BS 11.d.1
comply with the City of Atascadero Noise Ordinance for hours
of operation.
\\Cityhall\CDvlpmnt\-ZCH- Zone Change\ZC 03\ZCH 2003-0053.San Jacinto PD7\ZCH 2003-0053 PC-SR.kg.doc
•
•
115
ITEM NUMBER: B-2
DATE: 04/27/04
r
108 Z"7-9
CAD��
Atascadero City Council
Staff Report Fire Department
Weed/Refuse Abatement Program
RECOMMENDATION:
Council adopt the draft Resolution, declaring vegetative growth and/or refuse a public
nuisance, commencing proceedings for the abatement of said nuisances, and placing
all abatement fees on the San Luis Obispo County Special Tax Assessment for the
fiscal year 2004-2005 Tax Roll.
DISCUSSION:
The Municipal Code, Section 6-13.03, addresses the abatement of vegetative growth
• and/or refuse, which constitute a hazard. Adoption of the proposed Resolution is the
first step in this annual program, which requires City Council action. The Fire
Department conducted its initial inspection during the first two weeks in April. There are
more than 9,000 parcels within the City, and this year 2,678 parcels were identified to
have vegetative growth and/or refuse, which are or may become a public nuisance.
FISCAL IMPACT:
The City recovers costs for administering this program through the 150% administrative
fee, which is placed on the San Luis Obispo County Special Tax Assessment for the
fiscal year 2004-2005 Tax
ATTACHMENTS:
Draft Resolution
Vegetative Growth Notice
Refuse Notice
Vegetative Growth/ Refuse Notice
116
ITEM NUMBER: B-2
DATE: 04/27/04
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, -DECLARING VEGETATIVE GROWTH
AND/OR REFUSE A PUBLIC NUISANCE
WHEREAS, the City of Atascadero Fire Department is commencing proceedings for the
abatement of said nuisances; and
WHEREAS, placing all abatement fees on the San Luis Obispo County Special Tax
Assessment for the Fiscal Year 2004-2005 tax roll,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero:
SECTION 1. That vegetative growth and/or refuse are a public nuisance and hereby
declare to be such for the reasons that vegetative growth may attain such' a large
growth as to become a fire menace and/or drainage restriction, when mature, and said
refuse may a public nuisance thereby creating n a hazard to public health.
The City Council of the City of Atascadero finds and declares that vegetative growth .
and/or refuse on specified parcels of property are seasonal and recurrent nuisances.
Such seasonal and recurrent nuisances shall be abated in accordance with the
provisions of City and State laws. No further hearings need to be held, and it shall be
sufficient to mail a post card notice to the owner of the property as their address
appears upon the current assessment roll.
SECTION 2. A description of the parcels of lots of private property upon which, or in
front of which, said nuisances exist, according to the official Assessment Map of said
City of Atascadero, shall be posted annually in the office of the City Clerk and referred
to as Exhibit A (Vegetative Growth) and Exhibit (Refuse).
SECTION 3. The City Clerk or designee is hereby ordered and directed to mail written
notices of the proposed abatement to all persons owning property described in
accordance with Section 6-13.08 of the Atascadero Municipal Code.
SECTION 4. Pursuant to Section 6-13.10 of the Atascadero Municipal Code, the City
Council shall hear and consider all objections or protests to the required removal of said
vegetative growth and/or refuse. The City Clerk shall post a copy of the public hearing
notice in accordance with the Ralph M. Brown Act.
SECTION 5. Pursuant to Section 6-13.17 of the Atascadero Municipal Code, if the
owner does not abate the hazard, it will be abated by the city contractor. The cost of
abatement, 150% administrative fee, and county fee will be assessed upon the county
property tax bill, and constitute a Kien upon such land until paid. is
117
ITEM NUMBER: B-2
DATE: 04/27/04
Draft Resolution
Page Two
On motion by Council Member and seconded by
Council Member the foregoing Resolution is hereby
adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
• Dr. George Luna, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Roy A. Hanley, City Attorney
118
ITEM NUMBER: B-2
DATE: 04/27/04
Draft Resolution •
Page Three
EXHIBIT "A" ON FILE IN THE OFFICE OF THE CITY CLERK
•
119
ITEM NUMBER: B -2
DATE: 04/27/04
Draft Resolution
Page Four
EXHIBIT "B" ON FILE IN THE OFFICE OF THE CITY CLERK
•
120
ITEM NUMBER: B-2
DATE: 04/27/04
City of Atascadero
Fire Department
Rag Y979
NOTICE
Dear Atascadero Property Owner:
Weed abatement season has arrived and parcel inspections were performed throughout the City
during the first two weeks of April. The City's Municipal Code, Section 6-13.08, requires this
notification, which enables the Fire Department to abate dry noxious weeds in an effort to make
our neighborhoods safer in the event of a fire.
THE DEADLINE FOR COMPLIANCE IS JUNE 5,2004
DISREGARD THIS NOTICE IF YOU HAVE CUT YOUR WEEDS AND
WE THANK YOU FOR YOUR ASSISTANCE IN MAKING
THE CITY OF ATASCADERO SAFER DURING THE FIRE SEASON.
•
NOTICE TO DESTROY VEGETATIVE GROWTH (NOXIOUS WEEDS)
Notice is hereby given that on the 27th day of April, 2004, the City Council passed a resolution
declaring that vegetative growth (noxious weeds) constitute a fire hazard, which must be abated
by the cutting of said vegetative growth (noxious weeds). If the owner does not abate the hazard,
it will be abated by the City and the cost of removal assessed upon the County property tax bill
and will constitute a lien upon such land until paid. Reference is hereby made to the resolution
for further particulars and Municipal Code, Section 6-13.01-17. A copy of said resolution is on
file in the office of the city clerk.
All property owners having any objections to the proposed removal of the hazard are hereby
notified to attend a meeting of the City Council of the City of Atascadero to be held May 25,
2004 at 7:00 p.m.,when their objections will be heard and given due consideration.
Dated: This 28th day of April 2004. /s/Kurt W. Stone
Fire Chief
City of Atascadero, California
6005 LEWIS AVENUE—ATASCADERO, CA 93422 (805)461-5070-FAX (805) 466-2907
121
ITEM NUMBER: B-2
DATE: 04/27/04
• The deadline for weed/refuse abatement compliance is June 5, 2004
On June 5, 2004, the City's contractor begins the abatement process for parcels that are not in
compliance. The contractor's fees, as well as applicable City and County fees/fines are assessed
on the County's tax roll.
The Fire Chief has established the following requirements:
CLEARANCE OF VEGETATIVE GROWTH(NOXIOUS WEEDS)
REQUIREMENTS
a) Maximum height of 4 inches;
b) Located within,100 feet of any building or structure, or to the
property line, whichever is nearer;
c) Located within 50 feet from the edge of any improved roadway;
d) Located within 50 feet from each property line;
e) Located within 10 feet on each side of driveways.
EXEMPTIONS:
a) Animal pastures and agricultural fields growing hay or grains.The interior portion of fenced
pastures where the quantity of livestock significantly reduces the vegetative growth,therefore
bringing the parcel into compliance. Agricultural fields must be cut at harvest time. Uncut
hay and grain is subject to abatement.
b) Habitat for endangered or threatened species or any species that is a candidate for listing as
an endangered or threatened species by the State of California or Federal Government.
c) Land kept in a predominantly natural state as habitat for wildlife,plant, or animal
communities.
d) Open space lands that are environmentally sensitive parklands.
e) Other lands having scenic values.
Abatement requirements shall remain in effect in waterways where flood preparation measures
and emergency flood control mitigation is necessary.
l) This exemption applies whether the land or water are held in fee title or any lesser interest.
This exemption applies to any public agency, and private entity that has dedicated the land or
water areas to one or more of those purposes or uses, or any combination of public agencies
and private entities making that decision.
2) This section shall not be construed to prohibit the use of properly authorized prescribed
burning to improve the biological function of land or to assist in the restoration of desired
vegetation.
3) In the event that any lands adjacent to land or water areas, as described above, are improved
such that they are subject to this chapter, the obligation to comply with Section 6-13.04 shall
be with the person owning, leasing, controlling, operating, or maintaining the occupied
dwelling or occupied structure on the improved lands. All maintenance, activities, and other
fire prevention measures required by Section 6-13.04 shall be required only for the improved
land, and water areas as described above.
• Questions regarding weed abatement may be directed to the City Weed Abatement Officer by
leaving a recorded message at 805.466.0770, or by writing to: City of Atascadero, Fire
Department, Abatement Officer, 6005 Lewis Ave., Atascadero, CA 93422.
PLEASE RETAIN THIS NOTICE FOR ANY RELATED COMMUNICATIONS 122
ITEM NUMBER: B-2
DATE: 04/27/04
a
pR
City of Atascadero
i9i� is 9
a cAn Fire Department
NOTICE
Dear Atascadero Property Owner:
Refuse inspections were performed throughout the City during the first two weeks of April. The
City's Municipal Code, Section 6-13.08, requires this notification, which enables the Fire
Department to abate all refuse that may create health hazards in our neighborhoods.
THE DEADLINE FOR COMPLIANCE IS JUNE 5,2004
DISREGARD THIS NOTICE IF YOU HAVE REMOVED YOUR REFUSE AND
WE THANK YOU FOR YOUR ASSISTANCE IN MAKING
THE CITY OF ATASCADERO A MORE SAFE AND HEALTHY COMMUNITY
NOTICE TO REMOVE REFUSE
Notice is hereby given that on the 27th day of April 2004, the City Council passed a resolution
declaring that refuse constitutes a health hazard, which must be abated by the removal of said
refuse. If the owner does not comply, it will be removed by the City, and the cost of the removal
assessed upon the County property tax bill, and will constitute a lien upon such land until paid.
Reference is hereby made to the resolution for further particulars and Municipal Code, Section 6-
13.01-17. A copy of said resolution is on file in the office of the city clerk.
All property owners having any objections to the proposed removal of the health hazard are
hereby notified to attend a meeting of the City Council of the City of Atascadero to be held on
May 25,2004 at 7:00 p.m., when their objections will be heard and given due consideration.
Dated: This 28`h day of April 2004.
/s/Kurt W. Stone
Fire Chief
City of Atascadero, California
Please retain this notice for any related communications i
123 6005 LEWIS AVENUE—ATASCADERO, CA 93422-(805) 461-5070—FAX (805) 466-2907
ITEM NUMBER: B -2
DATE: 04/27/04
•
rp � o � Cityof Atascadero
it ,a
�{1 s a e
Fire Department
NOTICE
Name
Physical Address:
Address
City, State, Zip
Re: Assessment Number:
Physical Address:
Dear Atascadero Property Owner:
An inspection was made on the above stated parcel and your property was identified to be in
violation of Municipal Code, Section 6-13.01-17 and Uniform Fire Code (UFC) Section
1103.2.4. The City's Municipal Code, Section 6-13.08, requires this notification, which enables
the Fire Department to abate all vegetative growth and/or refuse that may create a fire or health
and safety hazard(s) in our neighborhoods. We have identified Vegetative Growth/Refuse.
NOTICE TO REMOVE
VEGETATIVE GROWTH (NOXIOUS WEEDS)AND/OR REFUSE
Notice is hereby given that on the 27th day of April 2004, the City Council passed a resolution
declaring that vegetative growth (noxious weeds) and refuse constitute a fire hazard, and health
and safety hazard, which must be abated by the cutting of said noxious weeds, and removal of
said health and safety hazard. If the owner does not comply within 30 days of the date of this
letter, it will be abated by the city, and the cost of the abatement will be billed to the property
owner directly, or assessed upon the county property tax bill, and will constitute a lien upon such
land until paid. For further particulars, reference is hereby made to the Resolution, Municipal
Code-Section 6-13.01-17, and UFC Section 1103.2.4. A copy of said resolution is on file in the
office of the city clerk.
Dated: This_day of 2004
/s/Kurt W. Stone
Fire Chief
City of Atascadero, California
IfYq ou have an questions,P Y
lease contact the Cit of Atascadero
Y
Fire Department at 805-461-7630
6005 LEWIS AVENUE—ATASCADERO, CA 93422-(805)461-5070-FAX (805) 466-2907
124
ITEM NUMBER: C-1
DATE: 04/27/04
iais i9 e
Atascadero City Council
Staff Report Community Development Department
West Front Village
GPA 2003-0005 /ZCH 2003-0058 /
CUP 2003-01081 TTM 2003-0035
(West Front Properties)
RECOMMENDATION:
Council authorize staff to process the West 'Front Village mixed use general plan
amendment project application.
DISCUSSION:
Situation and Facts:
1. Applicant/ Representative: West Front Properties
5070 San Benito Road
Atascadero, CA 93422
2. Project Address: Portola and West Front Road (APN 056-131-015, 17, 018,
and 019) each within city of Atascadero (San Luis Obispo
County).
3. General Plan Designation: GC - General Commercial
4. Zoning District: CR (Commercial Retail)
5. Site Area: 13.35 acres
6. Existing Use: Vacant and one single family colony house residence
. 7._Environmental Status: Not determined - Current application incomplete
125
ITEM NUMBER: C- 1
DATE: 04/27/04
Background:
On April 13, 2004, the City Council identified_prime commercial sites that would not
be considered for residential development either in the form of mixed-use or a
general plan amendment. The 13.3-acre project site located along West Front Road
between Portola Road and Santa Rosa Road was not identified as a prime
commercial site. As a result, staff is requesting Council direction to process the
application for a general plan amendment and zone change to convert approximately
9.4 acres from General Commercial to a combination commercial and single-family
residential.
The project will require the re-allocation of a substantial amount of staff time from
other permit processing activities.
Proiect Definition: Although incomplete, the project appears to consists of a horizontal
mixed-use concept to include the following uses:
"Conceptual" Retail/Gas 12,500 square feet
"Conceptual" Hotel/Motel Approximately 90 rooms
Courtyard Single Family 17 homes
Single Family Homes 21 homes +8 duplex units
The application includes a General Plan Amendment and Zone Change to convert .4
pp g 9
acres from General Commercial/Commercial Retail to Residential Multi-Family. The
project also includes a Master Plan of Development for the site, which encompasses
both the commercial and residential proposal. The commercial component of the
project is identified as conceptual and not proposed for construction.
FISCAL IMPACT:
The project would likely have a negative impact on City revenues. As a general rule,
conversion of commercial land use to residential dwellings requires services that
exceed the revenue generated by the proposed uses. Staff has not analyzed the fiscal
impact of the project.
ATTACHMENTS:
Attachment 1: Location Map, Zoning and General Plan
Attachment 2: Existing project area aerial
Attachment 3: Proposed conceptual site plan
Attachment 4: Proposed conceptual elevations
126
ITEM NUMBER: C-1
DATE: 04/27/04
• ATTACHMENT 1: Location Map,General Plan &Zoning
�t
No land use or zone
change proposed.
Area of conversion 1 ,� `;'
from Commercial X
Retail to Residential
r Multi-family
1
Existing Designations: --
■ General Commercial
■ Commercial Retail
Proposed Designations:
■ General Commercial/High Density Residential
■ Commercial Retail/Residential Multi-family- 16
•
127
ITEM NUMBER: C- 1
DATE: 04/27/04
ATTACHMENT 2: Project Site Aerial •
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128
ITEM NUMBER: C- 1
DATE: 04/27/04
• ATTACHMENT 3: Proposed Conceptual Site Plan
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129
ITEM NUMBER: C- 1
DATE: 04/27/04
ATTACHMENT 4: Proposed Conceptual Elevations •
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130
ITEM NUMBER: C- 1
DATE: 04/27/04
ATTACHMENT 4: Proposed Conceptual Elevations
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131
ITEM NUMBER: C-2
DATE: 04/27/04
i93 a ie7e
d
Atascadero City Council
Staff Report - Community Development Department
EI Camino Real / Principal Avenue Mixed-Use
GPA 2003-0008/ZCH 2003-0070/CUP 2003-0117TTM 2003-0004
(West Pac Investments)
RECOMMENDATION:
Council authorize staff to process the EI Camino Real / Principal Avenue mixed use
general plan amendment project application.
DISCUSSION:
Situation and Facts:
1. Applicant/ Representative: West Pac Investment
805 Aerovista Place, Suite 202
San Luis Obispo, CA 93401
2. Project Address: 9105 Principal Avenue (APN 030-491-013, 15 - 18) each
within city of Atascadero (San Luis Obispo County).
3. General Plan Designation: GC - General Commercial
4. Zoning District: CR (Commercial Retail)
5. Site Area: 5 acres
6. Existing Use: Vacant
7. Environmental Status: Not determined -Current application incomplete.
Background
On April 13, 2004, the City Council identified prime commercial sites that would not
be considered for residential development either in the form of mixed-sue or general
132
ITEM NUMBER: -
U BER: C 2
DATE: 04/27/04
plan amendment. The project site located along EI Camino Real between Gusta
Road and Principal Avenue was not identified as a prime commercial site. As a
result, the applicant has requested that their application for a horizontal mixed-use
development be processed as a general plan amendment and zone change to
convert five acres to primarily residential with a vertical mixed-use building along EI
Camino Real be processed and considered for approval.
The project will require;the re-allocation of staff time from other permit processing
activities.
Project Definition: The project includes a mixed-use development of 2,200 square feet
of commercial/retail/residential and eight (8) triplex and eleven (11) duplex units.
FISCAL IMPACT:
The project would likely have a negative impact on City revenues. As a general rule,
conversion of commercial land use to residential dwellings requires services that
exceed the revenue generated by the proposed uses. Staff has not analyzed the fiscal
impact of the project.
ATTACHMENTS:
Attachment 1: Location Map, Zoning,General Plan
Attachment 2: Aerial
Attachment 3: Site Plan
Attachment 4: Elevations
133
ITEM NUMBER: C-2
DATE: 04/27/04
ATTACHMENT 1: Location Map,General Plan &Zoning
' Proposed General
e Plan Amendment
from General
Commercial to
Residential Multi-
Family Use.
1 h
tt. .
Proposed Vertical
Mixed Use. No
Change to
Commercial ,.
designation. `-�
134
ITEM NUMBER: C-2
DATE: 04/27/04
ATTACHMENT 2 Aerial of Project Site
•
Project Area
135
ITEM NUMBER: C-2
DATE: 04/27/04
ATTACHMENT 3: Site Plan
u
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at
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136
ITEM NUMBER: C-2
DATE: 04/27/04
ATTACHMENT 4: Proposed Elevations
R:
kt
Residential � � �_
•
Regiclential
Commercial/Reudl
137
ITEM NUMBER: C-3
DATE: 04/27/04
iaia i e
Atascadero City Council
Staff Report - Community Development Department
Morro Road Mixed-Use
GPA 2003-0005/ZCH 2003-0058/CUP 2003-0104
(Rick Matthews)
RECOMMENDATIONS:
Council authorize staff to process the project application.
Situation and Facts:
• 1. Applicant/ Representative: Rick Matthews
5PO Box 863
Atascadero, CA 93422
2. Project Address: 8315 Morro Rd. (APN 0317242-012) each within city of
Atascadero (San Luis Obispo County).
I General Plan Designation: GC - General Commercial
4. Zoning District: CP (Commercial Professional)
5. Site Area: 0.411 acre
6. Existing Use: Vacant
7. Environmental Status: Not determined —Current application incomplete
138
ITEM NUMBER: C-3
DATE: 04/27/04
DISCUSSION:
On April 13, 2004, the City Council identifiedP rime commercial sites that would not •
be considered for residential development either in the form of mixed-use or a
general plan amendment. The project site located along Morro Rd was not adopted
as a prime commercial site. As a result, the applicant has requested that their
application for a general plan amendment and zone change to convert 0.165 acre to
residential be processed and considered for approval.
Project Definition: The project consists of a horizontal mixed-use project, which
includes the following:
Residential Units 5815 square feet including garages (1
studio unit, 2-2 bedroom units, 1-3
bedroom unit)
Commercial/Retail 3,934 square feet
The application includes a General Plan Amendment and Zone Change to convert
0.165 acre from General Commercial/Commercial Professional to Residential Multi-
family-16. The project also includes a Master Planof Development for the site, which
encompasses both`the commercial and residential proposal. The commercial portion of
the site includes a potential vertical mixed-sue component, which will be incorporated
into a Planned Development Overlay for the site.
•
FISCAL IMPACT:
The project would likely have a negative impact on City revenues. As a general rule,
conversion of commercial ` land use to residential dwellings requires services that
exceed the revenue generated by the proposed uses. However, the commercial/retail
component of the project would likely offset some of the residential fiscal impact.
ATTACHMENTS:
Attachment 1 Location Map, Zoning and General Plan
Attachment 2: Existing project area aerial
Attachment 3: Proposed site plan
Attachment 4: Proposed elevations
•
139
ITEM NUMBER: C-3
DATE: 04/27/04
ATTACHMENT 1: Location Map,General Plan &Zoning
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140
ITEM NUMBER: C-3
DATE: 04/27/04
ATTACHMENT 2: Project Site Aerial
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ITEM NUMBER: C-3
DATE: 04/27/04
ATTACHMENT 3: Proposed Conceptual Site Plan
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ITEM NUMBER: C-3
DATE: 04/27/04
ATTACHMENT 4: Proposed Conceptual Elevations
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143
ITEM NUMBER: D- 1
DATE: 04/27/04
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Atascadero City Council
City Attorney Report
Proposed Amendments to the Atascadero Municipal Code pertaining
to Noise Standards, Outdoor Amplified Noise and Cost Recovery
RECOMMENDATION:
Council introduce for first reading by title only, the draft Ordinance, amending the
Atascadero Municipal Code pertaining to noise standards, outdoor amplified noise and
cost recovery for noise disturbances.
• DISCUSSION:
Background: The City Council directed staff to prepare an Ordinance clarifying the
application of noise standards and exemptions to those noise standards following the
adoption of the General Plan update. This action is not subject to review under CEQA
because it does not establish any new exceptions to the noise ordinances nor does it
reduce the noise standards adopted in 1992. In the development of the Ordinance,
Staff identified concerns with other aspects of the noise standards:
(1) Outdoor amplified noise;
(2) Cost recovery for police department responses to noise disturbances,
(3) Providing an exception to the construction noise rules during the hot summer
months.
One of the precipitating events leading to this review were the noise problems
associated in the past with the operation of the Home Depot Center. Those issues have
been resolved and the Home Depot Center is now operating within the law and its
Conditions of Operation.
A review of the codes by City Staff has led to the conclusion that the confusion was
caused by the existence of two inconsistent noise standards in the Atascadero
Municipal Code.
One standard was passed in 1983. It was chaptered in Article 9 Chapter 4 and it
contained certain exceptions to the noise standards. Included in those exceptions were:
• (1) Construction and maintenance, or the demolition of structures. between 7:00 a.m.
and 9:00 p.m.;
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ITEM NUMBER: D- 1
DATE: 04/27/04
(2) Safety signals, warning devices, and emergency pressure relief valves;
(3) Moving sources such as tractors, automobiles, trucks, airplanes, railroads, and
boats, except where such moving sources are operated as part of sporting or
entertainment events:
(4) Emergency work to protect life or property;
(5) Any other activity to the extent regulation thereof has been preempted by state or
federal law; and,
(6) Agricultural equipment including but not limited to, wind machines, water well
pumps and pest-repelling devices.
In 1992 the City Council adopted Title Nine Chapter 14 in what appeared to be a
comprehensive_set of noise regulations. The adoption of Title Nine Chapter 14 did not
expressly repeal the noise standards contained in Title 9 Chapter 4. The exceptions
contained in the 1983 rules were not entirely included in the "exemptions" contained in
the 1992 rules, but they were also not repealed. Specifically numbers 2, 3 and 6, in
italics above were not included in the exemption section in the new chapter.
Extensive review of the history of the two ordinances has led the City Attorney to
include that the reason the "exceptions" contained in the 1983 ordinance were not
repealed in 1992 is that they were intended to be still in force and effect. This was not
clear and led to the confusion of the Courtin the Home Depot case.
The City should clearly repeal the old standards so there is only one clear standard.
Absent environmental documentation, we must choose the more recently adopted and
more stringent standard from 1992_and leave Title 9 Chapter 14 intact. However, we
should make sure to add those "exceptions" from the 1983 ordinance that were not
expressly included in the 1992 rules.
While staff was reviewing the various code sections involved, staff identified other
common noise issues that can be examined at the same time. Staff is aware of
problems caused by the use of outdoor noise amplification equipment for commercial
and other purposes. The proposed changes would apply throughout the City limits.
There has been no City Council direction on this issue. The City Council is free to make
its own policy decision, including a decision that the City Council not adopt amplified
noise restrictions, or to limit the application of the amplified noise rules to commercial
and industrial zones.
When the new rules go into place, it will likely result in multiple responses to noise
disturbances by the Police Department. This is a costly use of limited department-
resources. Staff has identified this as an issue, and recommends the adoption of a cost
recovery mechanism so the persons causing a noise disturbance can bear the cost of
police department response to legitimate complaints. This change is recommended by
staff and does not come as a result of any previous City Council discussions or
hearings. The ordinance as proposed by staff would recover costs for the second and
subsequent responses.
145
ITEM NUMBER: D- 1
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The Planning Commission reviewed these issues at their meeting held Wednesday
April 7, 2004. The Planning Commission recommended that the issues concerning
motorcycle noise be returned to them with more information from staff. The Planning
Commission was not opposed to the proposed renumbering of the exceptions to the
noise standards and was not opposed to the proposed regulations concerning outdoor
amplified noise and cost recovery for noise disturbances. The Planning Commission
recommended two additional changes to the Ordinance. The first change would be to
shorten the allowable time for construction activities from 9:OOpm to 7:00pm. The
Police Department has received two complaints regarding construction noise in the last
two years. The second change was to modify the time rules for the operation of refuse
trucks from 6:OOam to 7:00am requiring a later start time. Staff does not recommend
these changes.
The inclusion of three exceptions listed in 9-4.163 into the exemptions listed in 9-14.03
and the repeal of the old standards contained in Title 9 Chapter 4 will clear enforcement
standards without causing the expense of further environmental review.
FISCAL IMPACT:
None has been identified.
ATTACHMENTS:
Draft Ordinance
•
146
ITEM NUMBER: D- 1
BATE: 04/27/04
DRAFT ORDINANCE A
AN ORDINANCE OF THE CITY COUNCIL
•
OF THE CITY OF ATASCADERO, CALIFORNIA,
AMENDING THE ATASCADERO MUNICIPAL CODE TO INCLUDE
SUBSECTIONS (c), (j), (k), AND (1) IN TITLE NINE CHAPTER
FOURTEEN SECTION THREE, PERTAINING TO NOISE STANDARDS
The City Council hereby finds and declares as follows:
WHEREAS, In 1983 the City Council of the City of Atascadero adopted certain noise
regulations and exceptions and placed them in Title 9 Chapter 4 of the Atascadero Municipal
Code; and,
WHEREAS, In ,1992 the City Council of the City of Atascadero adopted Article 9
Chapter 14 of the Atascadero Municipal Code entitled noise, which Chapter contained new
regulations and new exemptions from the noise ordinance; and,
WHEREAS, the adoption of Article 9 Chapter 14 did not expressly repeal the noise
regulations and exceptions contained in Article 9 Chapter 4, and this has led to confusion in the
application of the exceptions to the noise ordinance contained in Chapter 4 and the regulations of
noise contained in Chapter 14 and,
WHEREAS now the City Council wishes to repeal the less stringent noise standards •
established in 1983 to make it clear that the 1992 standards apply,and to make it clear that the
noise standard exceptions from 1983 were not intended to be repealed and therefore they will be
renumbered into Chapter 14 to avoid confusion; and,
WHEREAS,the City Council has determined that`additional regulations are necessary in
order to further reduce the harmful effects of noise on the community and its citizens;and,
WHEREAS, the City Council has determined that the cost of addressing noise
disturbances resulting from violations of State law and/or the Atascadero Municipal Code ought
to be borne by those creating and/or allowing the illegal noise disturbances; and
WHEREAS, the City Council has determined that the code forbidding construction
activity prior to seven a.m. unreasonably interferes with special construction activities, such as
pouring cement which during the hot summer`months may not otherwise take place without
endangering workers and reducing the quality of construction work; and,
WHEREAS, the City Council has determined that this ordinance will not lead to any
significant environmental effects and is therefore exempt under CEQA.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
147
ITEM NUMBER: D- 1
DATE: 04/27/04
• SECTION 1:
Section 9-14.03 of the Atascadero Municipal Code is amended to read as follows:
9-14.03 Noise source exemptions.
The following activities shall be exempt from the provisions of this chapter:
(a) City or school sanctioned activities conducted in public parks, public playgrounds and
public or private school grounds, including but not limited to school athletic and school
entertainment events;
(b) Any mechanical device, apparatus or equipment used related to or connected with
emergency activities or emergency work;
(c) Noise sources associated with construction, provided such activities do not take place
before seven a.m. or after nine p.m.;
(1) An exception for special construction activities may be granted, in advance, at the
discretion of the Community Development Director when heat and/or other weather factors
justify an exception. Any exception granted may specify conditions and limits. It shall be
unlawful to violate any such conditions or limits imposed as part of a grant of exemption.
(d) Noise sources associated with the maintenance of residential property provided such
activities take place between the hours of seven a.m. and nine p.m.;
(e)Noise sources associated with agricultural activities on agricultural property;
(f) Noise sources associated with a lawful commercial or industrial activity caused by
mechanical devices or equipment, including air conditioning or refrigeration systems, installed
prior to the effective date of the ordinance codified in this chapter; provided that this exemption
shall expire one (1) year after the effective date of the ordinance codified in this chapter; after
which time notice and nuisance abatement proceedings shall be initiated,
(g) Noise sources associated with work performed by private or public utilities in the
maintenance or modification of its facilities;
(h) Noise sources associated with the collection of waste or garbage from property devoted to
commercial or industrial uses;
(i) Any activity to the extent regulation thereof has been preempted by state or federal law;
0) Safety signals, warning devices, and emergency pressure relief valves;
(k) Moving sources such as tractors, automobiles, trucks, airplanes, railroads, and boats, except
where such moving sources are operated as part of sporting or entertainment events;
(1) Agricultural equipment including but not limited to, wind machines, water well pumps and
pest repelling devices.
(m) Incidental commercial parking lot noise generated by customers.
SECTION 2. Section 9-4.163 is repealed in its entirety.
SECTION 3. Article 9 Chapter 14 is amended to add Section 9-14.13 Amplified Sound.
Sec. 9-14.13 Amplified sound.
(a) It shall be unlawful for any person other than authorized personnel of law
enforcement or government agencies, to install, use, or operate within the City any
voice amplification device or sound amplifying equipment, including but not
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ITEM NUMBER: D-1
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limited to those attached to or housed within any vehicle, boat or aircraft, including ,
sound trucks for the purposes of giving instructions, directions, addresses, lectures •
or transmitting music to any persons or assemblies in or upon any street, alley,
sidewalk, park or public property or any open space generally available to the
public, without prior approval through an administrative use permit granted by the
City.
(b) Under such a permit,the commercial and noncommercial use of sound amplifying
equipment shall be subject to the following limitations:
(1) Only music, human speech or a combination of the same shall be permitted.
>(2) The operation of sound amplifying equipment, including outdoor paging
systems, for commercial purposes shall be limited to no greater than the
hours of 8:00 a.m. to 7:00 p.m. on weekdays, 9:00 a.m. to 6:00 p.m. on
Saturdays and 10:00 a.m. to 4:00 p.m. on Sundays and holidays.
(3) Sound amplifying equipment shall not be operated within two hundred
(200) feet of any church, school, or hospital while any of these facilities are
in operation.
(4) In all events,the volume of sound and the hours of operation shall be so
controlled that the sound will not be unreasonably loud, raucous, jarring,
disturbing or a nuisance as defined by the Atascadero Municipal Code.
(5) Such conditions as are imposed on time of usage, level of volume, and
quantity of equipment in the permit approval because of location of the
usage.
SECTION 4. Section 9-14.14 is added to the Atascadero Municipal Code to read as follows:
9-14.14 Cost Recovery for Responses to Disturbances.
(a) Definition. The definitions in this section apply to the following terms as used in
this part:
(1) "Disturbance" shall include conduct creating any disturbing or loud noise,
including but not limited to violations of section 9-6.106 of the Atascadero
Municipal Code.
(2) "Response shall mean the arrival of a police officer at the scene of a
disturbance to render whatever service is reasonably required in order to
stop a disturbance.
(3) "Responsible party" is any person who owns, leases or is lawfully in
charge of the property where the disturbance takes place, or any person
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ITEM NUMBER: D- 1
DATE: 04/27/04
who organizes, controls or participates in a disturbance. If the responsible
• person is a minor,then the parent or guardian who has physical custody of
the child at the time of the disturbance shall be the responsible person who
is liable.
(b) Responses to disturbances.
(1) No responsible party shall cause, permit or tolerate a disturbance.
(2) Whenever a police officer at the scene warns any responsible party present
to discontinue the disturbance, the responsible party shall be liable for the
actual cost of each subsequent response required for a disturbance within
twelve hours of the first response.
(3) At the first response, the responding police officer shall give an oral
and/or written warning to one or more of the responsible parties present
that the disturbance must cease immediately, and that if a second or
subsequent response to the disturbance is required within twelve hours
following such notice, a response fee shall be charged to any responsible
party for all responses after the first response.
(4) All responsible parties shall be jointly and severally liable for the response
charge regardless of whether or not a responsible party received an oral or
written warning pursuant to Section 9-14.14 (b)(c).
(c) Charging for responses.
(1) The response charge shall be the actual cost of police services including,
but not limited to, personnel and equipment, incurred for each subsequent
response within the twelve-hour period following the first response.
(2) The bill or charges shall be served by the chief of police upon the
responsible party within thirty days after the last response to a disturbance.
(3) The total amount of the response charge shall be deemed to be a civil debt
to the city and the director of finance may take such action to recover the
costs as the city is authorized to do by law for the recovery of a civil debt.
The bill of charges shall state the response fee.
(4) The bill of charges and any other notices required by this part shall be
served upon the responsible party in accordance with Section 1-6 of the
Atascadero Municipal Code. If the responsible party has no last known
business or residence address, then the scene of the disturbance shall be
deemed to be the proper address for service of notice.
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ITEM NUMBER: D- 1
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(5) The bill of charges shall include a notice of the right of the person being
charged to request a hearing before the appeals hearing board within ten •
days of service of the bill to dispute the imposition of a response charge or
the amount of the charge.
SECTION 5. A summary of this ordinance, approved by the City Attorney, together with the
ayes and noes, shall be published twice: at least five days prior to its final passage in the
Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before
the expiration of fifteen (15) days after its final passage in the Atascadero News, a newspaper
published and circulated in the City of Atascadero. A copy of the full text of this ordinance shall
be on file in the City Clerk's Office on and after the date following introduction and passage and
shall be available to any interested member of the public.
INTRODUCED at a regular meeting of the City Council held on ,and PASSED
and ADOPTED by the City_ Council of the City of Atascadero, State of California, on
by the following roll call vote:
AYES
NOES:
ABSTAIN:
ABSENT: •
ATTEST: CITY OF ATASCADERO
Marcia McClure Torgerson, C.M.C., City Clerk Dr. George Luna,Mayor
APPROVED AS TO FORM:
Roy A. Hanley, City Attorney
151
ITEM NUMBER: D-2
DATE: 04/27/04
■n a■
r9ri r9-79
CM
Atascadero City Council
City Attorney Report
Proposed Amendments to the Atascadero Municipal Code Regulating
Motorcycles as an Accessory Use and the Inclusion of Cost Recovery
RECOMMENDATION:
Council introduce for first reading by title only, the draft Ordinance, amending the
Atascadero Municipal Code to regulate motorcycles as an accessory use and to include
cost recovery for police services.
DISCUSSION:
Residents requesting a ban on motorcycle riding in residential areas first approached
the City Council. The Council agreed to hold a public hearing on the issue to provide a
public forum for the community to discuss the concerns for and against motorcycles in
residential areas. The Police Department reports 253 complaints regarding
motorcycles over the last two years; there is no geographic pattern to the complaints.
The City Council held a public hearing to review issues relative to riding motorcycles in
residential areas. The hearing was noticed in the newspaper and mailers were sent to
neighborhoods that had raised the motorcycle issue.
Following the public hearing, the Council directed staff to prepare an ordinance
regulating motorcycle,riding in the zoning ordinance. The City Council indicated that the
purpose of the proposed regulations was to protect the neighbors from the deleterious
effects of noise and dust. Staff examined the possibility of imposing additional dust
control regulations and found that the Air Pollution Control District already has tools
available to deal with that issue as such. In staff's opinion, the restriction on the number
of hours of operation and the number of vehicles that can be in operation at one time
will greatly reduce the amount of dust that can be created by the use. The proposed
amendment to Section 9-6.106 implements the direction from City Council.
The City Council discussed the potential to regulate the size of the vehicle that could be
used on these residential properties. Staff found that the complaints vary significantly
152
ITEM NUMBER: D-2
DATE: 04/27/04
based upon neighborhood, proximity of riding area to neighbors, landscaping and
modification of the motorcycles. These variables had a greater effect on the sound
issues than the size. The limit of two vehicles operating at one time may adequately
address the noise concerns that neighbors of properties engaging in these activities
creates.
When the new rules go in place, it will likely result in multiple responses to noise
disturbances by the Police Department. This is a costly use of limited department
resources._Staff has identified this as an issue, and recommends the adoption of a cost
recovery mechanism so the persons causing a disturbance can bear the cost of police
department response to legitimate complaints. This change is recommended by staff
and does not come as a result of any previous City Council discussions or hearings.
The ordinance as proposed by staff would recover costs for the second and subsequent"
responses.
The Planning Commission reviewed the draft Ordinance at their meeting Wednesday
April 7, 2004. The Planning Commission recommended that the item be returned to the
Commission in one month with additional information regarding motorcycle tracks.
FISCAL IMPACT:
None has been identified.
ALTERNATIVES:
The City Council is not required to adopt the ordinance.However, the City Council did
indicate that this issue was to be solved, and this is the best way to solve it without
expending"funds on environmental studies that do not advance the City's stated goals
at this time
ATTACHMENTS:
Draft Ordinance
153
ITEM NUMBER: D-2
DATE: 04/27/04
DRAFT ORDINANCE A
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO, CALIFORNIA AMENDING MUNICIPAL
CODE SECTION 9-6.106 AND ADDING SECTIONS 9-14.13 AND 9-
14.14, PERTAINING TO MOTORCYCLE USE IN RESIDENTIAL
AREAS
(City of Atascadero)
The City Council hereby finds and declares as follows:
WHEREAS, In 1983 the City Council of the City of Atascadero adopted certain
noise regulations and exceptions and placed them in Title 9 Chapter 4 of the Atascadero
Municipal Code; and
WHEREAS, In 1992 the City Council of the City of Atascadero adopted Article
9 Chapter 14 of the Atascadero Municipal Code entitled noise,which Chapter contained
new regulations and some new exemptions from the noise ordinance; and
WHEREAS, the City Council has determined that additional regulations are
necessary in order to further reduce the harmful effects of noise on the community and its
citizens; and
WHEREAS, the City Council has determined that the cost of addressing noise
disturbances resulting from violations of State law and/or the Atascadero Municipal Code
ought to be borne by those creating and/or allowing the illegal noise disturbances; and
WHEREAS, the City Council has determined that this ordinance will not lead to
any significant environmental effects and is therefore exempt under CEQA.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Section 9-6.106 is amended to add a subsection "e" as follows:
(e) Mini-bike,motorcycle, dirt bike or similar two wheel motor vehicle riding
is allowed subject to the following limitations:
(1) No more than two such vehicles shall be operating at the same
time.
(2) Operation is limited to a maximum of two hours in a day.
(A) This limit applies even if only one such vehicle is being
operated.
40 (3) Operation is limited to a maximum of eight hours in a week.
154
ITEM NUMBER: D-2
DATE: 04/27/04
(A) This limit applies even if only one such vehicle is
operated.
(B) A week shall be measured from Monday through Sunday.
(4) Any violations to the above-mentioned limitations are subject to
cost recovery for responses to disturbances, as listed in Section 9-14.14.
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:
ATTEST: CITY OF ATASCADERO
Marcia McClure Torgerson, C.M.C., City Clerk Dr. George Luna,Mayor
APPROVED AS TO FORM:
Roy A. Hanley, City Attorney
155