HomeMy WebLinkAboutAgenda Packet 01/10/2006 oil ® ■
198 18 CITY OF A TASCADERO
CITY COUNCIL
AGENDA
Tuesday, January 10, 2006
7:00 P.M.
City Hall
Council Chambers
6907 EI Camino Real
Atascadero, California
REDEVELOPMENT AGENCY: 6:30 P.M.
REGULAR SESSION: 7:00 P.M.
PLEDGE OF ALLEGIANCE: Mayor O'Malley
ROLL CALL: Mayor O'Malley
Mayor Pro Tem Pacas
Council Member Clay
Council Member Luna
Council Member Scalise
COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to
address the Council on any matter not on this agenda and over which the Council has
jurisdiction. Speakers are limited to five minutes. Please state your name and address
for the record before making your presentation. The Council may take action to direct
the staff to place a matter of business on a future agenda. A maximum of 30 minutes
will be allowed for Community Forum, unless changed by the Council.)
APPROVAL OF AGENDA: Roll Call
1
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.)
DISCLOSURE OF EX PARTE COMMUNICATIONS: (Council Members must disclose
at this time communications they have had on any quasi-judicial agenda items. This
includes, but is not limited to, tentative subdivision maps and parcel maps, variances,
conditional use permits and planned development permits. This does not disqualify
the Council Member from participating and voting on the matter, but gives the public
and applicant an opportunity to comment on the ex parte communication.)
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 Closed Session Meeting Minutes — October 31, 2005
■ City Clerk Recommendation: Council approve the City Council closed
session meeting minutes of October 31, 2005. [City Clerk]
2. City Council Meeting Minutes — November 22, 2005
■ City Clerk Recommendation: Council approve the City Council meeting
minutes of November 22, 2005. [City Clerk]
3. City Council Special Joint Meeting Minutes— November 29, 2005
■ City Clerk Recommendation: Council approve the City Council special
joint meeting minutes of November 29, 2005. [City Clerk]
4. July 2005 Treasurer's Report
■ Fiscal Impact: None.
■ Recommendation: Council approve the City Treasurer's report for July
2005. [City Treasurer]
5. August 2005 Treasurer's Report
• Fiscal Impact: None.
■ Recommendation: Council approve the City Treasurer's report for August
2005. [City Treasurer]
6. September 2005 Treasurer's Report
■ Fiscal Impact: None.
■ Recommendation: Council approve the City Treasurer's report for
September 2005. [City Treasurer]
2
7. October 2005 Accounts Payable and Payroll
• • Fiscal Impact: $2,204,494.02.
■ Recommendation: Council approve certified City accounts payable,
payroll and payroll vendor checks for October 2005. [Administrative
Services]
8. Final_Map 2005-0113 (TPM 2004-0061) 7500 Navaioa Avenue (Parcel Map
AT 04-0024)(Higgins / Prewitt)
■ Fiscal Impact: None.
■ Recommendations: Council:
1. Accept Final Parcel Map 2005-0113 (Parcel Map AT 04-0024); and,
2. Authorize City Manager to enter Subdivision Improvement Agreement
with applicant. [Public Works]
9. Final Map 2005-0122 (TTM 2005-0069) (Tract 2749) 2000-2300 EI Camino
Real - Factory Outlets (Levon Investments / Gearhart)
■ Fiscal Impact: None.
■ Recommendation: Council accept Final Tract Map 2005-0122 (Tract
2749). [Public Works]
B. PUBLIC HEARING:
• 1. Zone Change 2004-0087 / CUP 2004-0133 /TPM 2004-0056 (6910 Navaioa)
(Vaughn and Young)
■ Fiscal Impact: None.
• Recommendations: Planning Commission Recommends: Council:
1. Adopt Draft Resolution A certifying Proposed Mitigated Negative
Declaration 2005-0052; and,
2. Introduce for first reading, by title only, Draft Ordinance A approving
Zone Change 2004-0087 based on findings; and,
3. Adopt Draft Resolution B approving Conditional Use Permit 2004-
0133 to include the Master Plan of Development based on findings
and subject to Conditions of Approval and Mitigation Monitoring; and,
4. Adopt Draft Resolution C approving Tentative Parcel Map 2004-0056
based on findings and subject to Conditions of Approval and Mitigation
Monitoring. [Community Development]
2. Title 9 Planning and Zoning Text Amendment: Amendment to Portions
of Title 9 Pertaining to Indoor Shooting Ranges (ZCH 2005-0106)
(Bennet/Norris)
■ Fiscal Impact: None.
■ Recommendation: Planning Commission recommends Council introduce
for first reading, by title only, Draft Ordinance A approving Zone Change
2005-0106 based on findings. [Community Development]
3
C. MANAGEMENT:
1. Review of Solid Waste Collection Services
■ Recommendation: Council direct staff on how to proceed regarding the
City's contract with Atascadero Waste Alternatives. [City Manager]
D. COMMITTEE & LIAISON REPORTS: (The following represent standing
committees. Informative status reports will be given, as felt necessary):
Mayor O'Malley will review the Committee Assignments for Council Members.
Mayor O'Malley
1. County Mayor's Round Table
2. Finance Committee.
3. Air Pollution Control District (APCD)
4. Economic Vitality Corporation, Board of Directors (EVC)
5. League of California Cities — Grassroots Network
6. City/ Schools Committee
7. Economic Opportunity Commission (EOC)
Mayor Pro Tem Pacas
1. Integrated Waste Management Authority (IWMA)
2. City/ Schools Committee
3. Atascadero Youth Task Force
Council Member Clay
1. S.L.O. County Flood Control & Water Conservation District Water Resources
Advisory Committee
2. Nacimiento Water Purveyors Contract Technical Advisory Group
3. North County Water Purveyors Group
Council Member Luna
1. Finance Committee
Council Member Scalise
1. Atascadero State Hospital Advisory Board
2. Local Agency Formation Commissions (LAFCO)
3. SLO Council of Governments (SLOCOG) / S.L.O. Regional Transit Authority
(SLORTA)
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
2. City Clerk
3. City Treasurer
4. City Attorney
5. City Manager
4
F. ADJOURNMENT:
• Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that
person may be limited to raising those issues addressed at the public hearing described in this notice, or in written
correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this
public hearing will be distributed to the Council and available for review in the City Clerk's office.
I, Shannon Sims, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury
that the foregoing agenda for the January 10, 2006 Regular Session of the Atascadero City Council
was posted on January 3, 2006 at the Atascadero City Hall, 6907 EI Camino Real, Atascadero, CA
93422 and was available for public review in the Customer Service Center at that location.
Signed this 3rd day of January, 2006 at Atascadero, California.
l
Shannon Sims, Deputy City Clerk
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 the City Hall
Council Chambers, 6907 EI Camino Real, 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 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)
470-3400. 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.
6
ITEM NUMBER: A-1
DATE: 01/10/06
SPECIAL MEETING
ATASCADERO CITY COUNCIL
Monday, October 31, 20055 12:00 p.m.
CLOSED SESSION
Mayor Scalise called the meeting to order at 12:00 p.m.
ROLL CALL:
Present: Council Members Clay, Luna, Pacas, O'Malley and Mayor Scalise
Others Present: City Clerk/Assistant to the City Manager Marcia Torgerson, City
Manager Wade McKinney, and City Attorney Patrick Enright.
Mayor Pro Tem O'Malley asked the City Attorney who can call a special meeting. Mr.
Enright replied that the Mayor or a majority of the Council can call a special meeting.
Mayor Pro Tem O'Malley asked for legal clarification on what the scope of the meeting
could be and if there were limitations. Mr. Enright replied that the Council can only
evaluate the performance of their employees; the City Manager and the City Attorney,
and in this case the City Manager is the only one listed on the agenda.
Mayor Pro Tem O'Malley made a motion to have the City Clerk attend the Closed
Session and take notes. Council Member Clay seconded the motion. There was no
vote.
1. Public Comment -CLOSED SESSION
Bob Kelley, said that this is the blackest day in the history of Atascadero if the Council
does anything to the City Manager. Mr. McKinney has support throughout the
community. If an employee made a mistake, then discipline him.
Draft City Council Special Closed Session
10/31/05
Page 1 of 4 7
ITEM NUMBER: A- 1
DATE: 01/10/06
Casey Bryson, representative of the Fire Association, stated that he was in attendance
to support the City Manager and the Assistant City Manager. He explained that before
Mr. McKinney came to Atascadero, the City was struggling, morale was low, etc. He
listed many improvements to Mr. McKinney's credit.
Leonard Sutherland, Vice President of Michael Fredricks, and a friend of Mr.
McKinney's, stated that there must be a lack of communication that can be fixed.
Jeff Wilshusen, President of Police Association, stressed his support for the City
Manager. He mentioned the fiscal stability of Atascadero as an example of Mr.
McKinney's leadership. He submitted a letter of support to the Council (Exhibit A)
Sheryle Machado, stated that she was surprised by this meeting and was unclear of the
Council's intentions. She said that she supports Mr. McKinney and urged the Council
not to overreact and to consider his entire tenure.
Ann Ketcherside, said that she supports Marty Tracey. She stated that the Council has
directed.staff on other properties concerning eminent domain, and Marty should not be
punished for doing as Council has directed. She submitted a letter from the
Redevelopment Agency to the Hurd family (Exhibit B).
Mayor Pro Tem O'Malley read the letter aloud, concerning an appraisal of property on
Hermosilla.
Ann Ketcherside (continued), stated that Mr. McKinney was not the only one to blame
as the Redevelopment Agency gave the direction.
Andy Charnley, said that the City has consistently improved under Mr. McKinney's
leadership.
Mary Chastain, President of Atascadero Chamber of Commerce, stated that she
attends many of the City Council meetings, and she told the Council how she had
written a letter a few months ago to Mr. McKinney and the Council, stating that the
Council tends to insult staff, and that this is unprofessional. She said that Mr. McKinney
had a favorable evaluation in September, and itis startling and disruptive to the City for
this type of meeting to take place. She stated that the Chamber supports Mr.
McKinney.
Joanne Main, Executive Director of Chamber, said that she witnessed the Executive
Management Team's presentation of a commendation to Mr. McKinney and that she
feels Mr. McKinney is remarkable to work with. She asked the Council to take their time
and listen carefully to all the facts. Ms. Main stated that Mr. McKinney respects the
Council as his employers.
Don Idler, Chamber Board Member, said that this issue is disturbing to him. He said
that he understands the need for a meeting, to resolve an issue, but it will be a dark day
if we lose Mr. McKinney. Mr. Idler stated that the business community appreciates Mr.
McKinney.
Draft City Council Special Closed Session
10/31/05
8 Page 2 of 4
ITEM NUMBER: A- 1
DATE: 01/10/06
Steve Martin, Executive Director of Main St., stated that Main St. has worked hard to
improve their standing in the City and that Mr. McKinney and his staff have been
supportive and professional.
Don Guissinger, said that he is impressed with Mr. McKinney's honesty. Mr. McKinney
is open and honest and helpful to the community. He urged the Council to remember
that everyone makes mistakes.
Keith Aggson, am employee of the Fire Department for 19 years, stated that he
supports the City Manager and Assistant City Manager. He explained that Mr.
McKinney was hired in 1997, and immediately improvements began; budget
improvements, strategic planning, downtown improvements, and improved staff morale.
Mr. McKinney is approachable and honest.
Sandy Jack, Parks & Recreation Commissioner, said that Mr. McKinney is straight
forward and honest. Mr. Jack stated that he doesn't know Mr. McKinney very well, but
the issues in the New Times should be handled by Mr. McKinney and not the Council.
He said that the Council has made many positive strides forward with the assistance of
Mr. McKinney.
Michael Frederick, stated that since Mr. McKinney became City Manager, there have
been many positive improvements in the City. Mr. McKinney takes the time to get
involved in issues and solves them.
Barbie Butz, said that she has been involved with the City for 25 years, and even
though she does not completely understand what the issues are, she doesn't believe
everything that she reads in the newspaper. She urged the Council to be fair.
Scott Hallett, employee of the Fire Department, stated that the City has consistently
improved since 1997 when the Council hired Mr. McKinney. He has hired many
excellent department heads and Mr. Hallett supports Mr. McKinney.
Michael Croft, said that he doesn't know Mr. McKinney but knows that the City Manager
position is a difficult one. He stated that if an error has been made, then deal with it
appropriately.
Terry O'Farrell, representative of the Police Association, stated that he supports Mr.
McKinney. He asked the Council to note that the entire Police Association supports Mr.
McKinney.
Mayor Scalise closed the Public Comment period.
Mayor Scalise stated that it is the Council's duty to investigate any potential
wrongdoing.
Draft City Council Special Closed Session
10/31/05
Page 3 of 4
9
ITEM NUMBER: A- 1
DATE: 01/10/06
MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member
Clay that the City Clerk attend the Closed Session and take
notes.
Motion passed 5:0 by a voice vote.
Mayor Pro Tem O'Malley made a motion that the topic of this meeting be limited to an
evaluation of the City Manager's performance. Council Member Clay seconded the
motion. There was no vote on the motion.
Council Member Luna stated that he also asked for this meeting as this is the only was
the entire Council can review the issue.
Mayor Pro Tem O'Malley withdrew his motion.
MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member
Clay to have the City Manager attend the Closed Session.
Motion passed 5:0 by a voice vote.
Mayor Pro Tem O'Malley asked to limit the discussion of this meeting to the New Times
article. There was no consensus.
2. Call to Order
a. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code
Section 54957)
Title: CITY MANAGER
b. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAURELEASE
3. Closed Session Report
The City Attorney announced that the City Council gave the City Manager direction to
prepare a letter to Mr. & Mrs. Gaughan, clarifying the City Council's actions pertaining to
their property. The City Council also gave the City Manager direction to request the
resignation of Marty Tracey.
ADJOURNMENT: Mayor Scalise adjourned the Special Meeting at 3:05 p.m. to
their next regularly scheduled meeting.
MINUTES PREPARED BY:
Marcia McClure Torgerson, C.M.C.
City Clerk/Assistant to the City Manager
Exhibit A: Letter from Atascadero Police Association, dated 10/31/05
Exhibit B: Letter from Community Redevelopment Agency to Lila Hurd, dated 6/28/05
Draft City Council Special Closed Session
10/31/05
10 Page 4 of 4
ITEM NUMBER: A-2
DATE: 01/10/06
"
1918 a 1878
CITY OF ATASCADERO
� m 1
CITY COUNCIL
DRAFT MINUTES
Tuesday, November 22, 2005
7:00 P.M.
CLOSED SESSION: 6:32 p.m.
(Immediately Following Redevelopment Agency Meeting)
1, PUBLIC COMMENT — CLOSED SESSION — None
2. CALL TO ORDER
a. Conference with legal counsel — Existing Litigation
(Govt. Code Sec. 54956.9 (a))
1. City of Atascadero v. Pacific Gas and Electric
3. ADJOURN: 6:49 p.m.
4. CLOSED SESSION REPORT
City Attorney Patrick Enright announced that the Council met in closed session and no
reportable action was taken.
REGULAR SESSION: 7:00 P.M.
Mayor Scalise called the meeting to order at 7:00 p.m. and Council Member Luna led
the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Clay, Luna, Pacas, O'Malley and Mayor Scalise
Absent: None
CC Draft Minutes 11/22/05
Page 1 of 6
Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson
and Deputy City Clerk Grace Pucci
Staff Present: City Manager Wade McKinney, Administrative Services Director
Rachelle, Rickard, Public Works' Director Steve Kahn, Community
Services Director Brady Cherry, Community Development Director
Warren Frace, Police Chief John Couch and City Attorney Patrick
Enright.
COMMUNITY FORUM:
Ann Ketcherside spoke about tree removals in Atascadero and asked for clarification on
the zoning for a private property located in Atascadero.
Eric Greening spoke about appropriate mitigation for tree removals. He also suggested
that local artists be permitted to display their work on the walls of the Council Chamber.
Mitch Paskin spoke about San Marcos Road between Los.Altos and the Castle Rock
project and asked that he and his neighbors be kept informed about decisions made for
the project that will affect the road.
Mayor Scalise closed the Community Forum period.
There was Council discussion regarding addressing the issue of Public Art in the
Council Chamber at a strategic planning session.
APPROVAL OF AGENDA:
Mayor Scalise announced that Item #A-2 has been pulled from the agenda.
MOTION: By Council Member Luna and seconded by and seconded by
Council Member Clay to approve the agenda as amended.
Motion passed 5:0 by a roll-call vote.
COUNCIL ANNOUNCEMENTS AND REPORTS:
None
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Page 2 of 6
12
PRESENTATION:
1. Proclamation congratulating the Economic Opportunity Commission on
its 40th Anniversary.
Council Member Luna read the Proclamation and presented it to Jim Patterson, 5th
District Supervisor and Biz Steinberg, CEO of the Economic Opportunity Commission.
Mr. Patterson spoke about the EOC and the services it provides to the community.
Ms. Steinberg thanked the Council and the community for its efforts in support of their
programs.
A. CONSENT CALENDAR:
1. City Council Meeting Minutes — October 25, 2005
■ City Clerk Recommendation: Council approve the City Council meeting
minutes of October 25, 2005. [City Clerk]
2. Final Map 2005-0117 (Tract 2640) 1225 EI Camino Real (TTM 2004-0054)
(ECR 24, LLC)
■ Fiscal Impact: None.
■ Recommendations: Council:
1. Accept Final Parcel Map 2005-0117 (Tract 2640); and,
2. Reject, without prejudice to future acceptance, the offers of dedication
for Streets, Open Space Recreation Easements, Public Utility
Easement and Public Drainage Easement; and,
3. Accept offer of dedication for Public Access Easements; and,
4. Authorize City Manager to execute a Subdivision Improvement
Agreement. [Public Works]
Item #A-2 was pulled from the agenda.
3. Temporary Road Closure / Park Dedication — Holiday Lighting Ceremony
— Winter Wonderland
■ Fiscal Impact: None.
■ Recommendation: Council approve Draft Resolution authorizing the
temporary road closure for the community events scheduled to take place
on Friday, December 2, 2005. [Community Services]
4. Temporary Road Closure — Holiday Musical Walk Around the Lake
■ Fiscal Impact: None.
■ Recommendation: Council approve Draft Resolution authorizing the
Stemporary road closure for the Holiday Musical Walk Around the Lake on
December 3, 2005. [Community Services]
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Page 3 of 6
13
MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member
Luna to approve Items #A-1, 3, and 4.
Motion passed 5:0 by a roll-call vote. (Item #A-3 Resolution
No. 2005-094, Item #A-4 Resolution No. 2005-095)
B. MANAGEMENT:
1. Oak Ridge Estates (3-F Meadows) Intersection State Route 41 and Los
Altos Road Improvements
■ Fiscal Impact: None.
■ Recommendation: Council find that the proposed improvements for the
intersection of State Route 41 (Morro Road) and Los Altos Road meet the
requirements of the Atascadero Municipal Code. [Public Works]
Public Works Director Steve Kahn gave the staff report and answered questions of the
Council.
PUBLIC COMMENT
Christine Rogers, Castle Rock Development, spoke about the project and answered
questions of Council.
Paul McClintic, Cal Trans, answered questions of Council.
Council Member Pacas expressed concern with safety issues and the need for a right
turn lane.
Council Member Clay also spoke in favor of a right turn pocket.
Brian Maul, San Marcos Road resident, gave specific examples of his concerns
regarding safety issues at this intersection.
Mitch Paskin, San Marcos Road resident, stated his views regarding safety, tree
removals and retaining walls at this intersection.
Ralph Bettman, San Marcos Road resident, urged the Council to look ahead at future
impacts at this intersection and expressed his concerns with safety on San Marcos and
Los Altos Roads.
Steve Halmoridge, San Marcos Road resident, spoke about traffic safety at this
intersection.
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14
Russ Thompson, applicant's representative, addressed issues raised during the Public.
Comment period.
Mitch Paskin stated that the intersection improvement is Castle Rock's responsibility.
Christine Rogers explained Castle Rock's position on the intersection.
Will Arcularius, San Marco Road resident, spoke about inadequate signage and safety
at this intersection.
Mayor Scalise closed the Public Comment period.
Mayor Scalise stated she was concerned with the permitting process and justifications,
however, clearing brush and trees could contribute to safety at the intersection.
Council Member Luna indicated he had hoped for another alternative to mitigate the
environmental damage; something safe for the next 25 years and good for the
neighborhood, however he does not see that this has happened. He stated he is not
convinced that the original design is not a lot safer.
Mayor Pro Tem O'Malley spoke about the importance of getting full cost recovery. He
expressed concern regarding problems at the state level, safety, and lack of analysis
and indicated he would support going back to the original recommendations.
MOTION: By Council Member Luna and seconded by Council Member
Clay to find that the proposed improvements for the
intersection of State Route 41 and Los Altos Road does not
meet the intent of the requirements of the Atascadero
Municipal Code, and the implications of this decision is that
the developer would be required to construct the
improvements with the right hand turn pocket as originally
designed.
Motion passed 5:0 by a roll-call vote.
C. COMMITTEE & LIAISON REPORTS:
None
D. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Attorney
City Attorney Patrick Enright reminded Council of the Special Meeting on
Tuesday, November 29tH
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15
E. ADJOURNMENT:
Mayor Scalise adjourned the meeting at 8:25 p.m. to the next regularly scheduled
meeting of the City Council on December 13, 2005.
MEETING RECORDED AND MINUTES PREPARED BY:
Grace Pucci, Deputy City Clerk
CC Draft Minutes 11/22/05
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16
ITEM NUMBER: A-3
DATE: 01/10/06
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1918 1878
SPECIAL JOINT MEETING
Atascadero City Council
Atascadero Planning Commission
Atascadero Parks & Recreation Commission
MINUTES
Tuesday, November 29, 2005
6:30 p.m.
CITY ATTORNEY - LEGAL REVIEW
ROLL CALL:
Present: Council Members Clay, Luna, Pacas, O'Malley and Mayor Scalise
Planning Commissioners Beraud, O'Keefe, Patel, and Chairperson
Porter
Parks & Recreation Commissioners Butz, Livick, Sechrist and
Chairperson Mathews, and youth representative Christopher
Solkshinitz
Absent: Planning Commissioners Fonzi, Jones and Kelley
Parks & Recreation Commissioners Ausman, Castaneda and Jack
and youth representative Paige Buck-Moyer
Others Present: City Clerk/ Assistant to the City Manager Marcia McClure
Torgerson
Draft Joint Council& Commissions 11/29/05
Page 1 of 3 17
ITEM NUMBER: A-3
DATE: 01/10/06
Staff Present: City Attorney Patrick Enright, City Manager Wade McKinney, Police
Chief John Couch, Community Development Director Warren
Frace, Community Services Director Brady Cherry, Deputy
Community Development Director Steve McHarris, Associate
Planner Kelly Gleason, Contract Associate Planner Kerry
Margason, and Assistant Planner Lisa Wilkinson
JOINT STUDY SESSION:
City Attorney Patrick Enright welcomed the Commissions and Council. Mr. Enright gave
a summary of the topics to be discussed tonight, including the duties and
responsibilities of the Council and the Commissions.
1 CONFLICTS and ETHICS
• Political Reform Act
Contractual Conflict — Government Code section 1090
• Common Law Conflict
2. EX PARTE COMMUNICATIONS
3. BROWN ACT
• Attendance of Quorum at Meetings
• Social/Educational Seminars and Functions
Mr. Enright gave his presentation using a PowerPoint slide program.
The Council Members and Commissioners thanked Mr. Enright for his presentation.
Planning Commissioner Beraud asked that the motorcycle issue be placed on a future
agenda of the City Council
Mayor Pro Tem O'Malley stated that he supported having Joint meetings with the
Commissions at least once per year.
Council Member Pacas asked the City Attorney to send out a summary sheet, clarifying
the $500 limitation issue, and clarifying the issue of not influencing a decision by
speaking when you are not the spokesperson.
Draft Joint Council &Commissions 11/29/05
18 Page 2 of 3
ITEM NUMBER: A- 3
DATE: 01/10/06
Council Member Clay suggested putting the motorcycle issue on the Council's Strategic
Planning agenda in January 2006.
ADJOURNMENT: Mayor Scalise adjourned the meeting at 8:25 p.m. The City
Council, Planning Commission, and Parks & Recreation Commission adjourned to their
next regularly scheduled meetings.
Minutes prepared by:
Marcia McClure Torgerson, C.M.C.
City Clerk/ Assistant to the City Manager
Draft Joint Council & Commissions 11/29/05
Page 3 of 3 9
ITEM NUMBER: A — 4
DATE: 01 /10/06
• ' as a ■
�9is i is e
Atascadero City Council July 2005
Staff Report - City Treasurer
July 2005 Investment Report
RECOMMENDATION:
Council approve the City Treasurer's report for July 2005
REPORT IN BRIEF:
Cash and Investments
Checking $ 740,625
Money Market Accounts 294,776
Certificates of Deposit 7,733,094
Government Securities 6,669,358
LAI F 15,174,528
Cash with Fiscal Agents 145,946
Cash in Banks at July 31, 2005 $ 30,758,327
Deposits in Transit
Outstanding Checks (594,085)
Cash and Investments at July 31, 2005 $ 30,164,242
Investment Activity
Securities Purchased:
Purchase Date Description Type Cost Maturity Date
07/06/05 Soy Capital Bank & Trust CD $ 98,000 07/01/09
07/08/05 Citizens Deposit Bank CD 97,000 07/08/10
07/11/05 Mount Vernon Bank CD 98,000 07/12/10
07/19/05 Harleysville Natl Bank CD 98,000 07/15/10
07/20/05 Eva Bank CD 98,000 07/20/10
Securities Matured:
Maturity Date Description Type Original Cost Amount Matured
07/11/05 NBT Bank CD $ 97,000 $ 97,000
07/12/05 Pan American Bank CD 97,000 97,000
Securities Sold/Called Prior to Maturity:
None
Other Reportable Activities:
None
Page 1 of 14 21
CITY OF ATASCADERO
TREASURER'S REPORT
CASH&INVESTMENTS ACTIVITY SUMMARY
FOR THE MONTH OF JULY 2005 •
CHECKING FISCAL
ACCOUNT INVESTMENTS AGENT TOTALS
Balance per Banks at
July 1,2005 $ 1,035,302 $ 29,093,906 $ 145,649 $ 30,274,857
Receipts 2,365,532 193,850 297 2,559,679
Disbursements (2,135,209) - - (2,135,209)
Transfers In from
Redevelopment LAIF 59,000 - - 59,000
Transfers In 1,190,000 1,774,000 - 2,964,000
Transfers Out (1,774,000) (1,190,000) - (2,964,000)
Balance per Banks at
July 31,2005 $ 740,625 $ 29,871,756 $ 145,946 30,758,327
Deposits in Transit
Outstanding Checks (594,085)
Adjusted Treasurer's Balance $ 30,164,242
22 Page 2 of 14
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City of Atascadero
Investments by Type
July 2005
Government Securities
Certificates of Deposit 22%
26% Cash with
Fiscal Agent
—41
du s
�r 57:;, Other _
1%
T" � ' r z 'x a .; ,5�'
K4
LAIF
K
r
LAIF
51%
Investment July 2005
LAIF $ 15,174,528
Certificates of Deposit 7,733,094
Government Securities 6,669,358
Cash with Fiscal Agent 145,946
Other 294,776
$ 30,017,702
Page 11 of 14 31
City of Ataseadero
Investments by Maturity
July 2005
One to Five Years
One Month to One Year 45%
3%
On Demand
52%
Investment July 2005
On Demand $ 15,469,304
Within One Month -
One Month to One Year 930,100
One to Five Years 13,472,353
$ 29,871,756
32 Page 12 of 14
City of Ataseadero
Investments by Custodial Agent
July 2005
RBC Union Bank
Dain Rauscher 41%
Penson 5%
Financial Corp
3% FSS x.
xd 1gS
Bank of
New York
0%
City
Atascadro
0%e
State of Califomia
51%
Custodial Agent July 2005
State of California $ 15,174,528
Penson Financial Corp. 986,637
RBC Dain Rauscher 1,392,310
Union Bank 12,269,181
Bank of New York 145,946
City of Atascadero 49,100
$ 30,017,702
Page 13 of 14 33
City of Atascadero
Investment Yield vs. 2-Year Treasury Yield
For the Month Ended July 31, 2005
4.50%
4.00%
3.50%
3.00%
2.50%
2.00%
y
1.50%
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0.50%
0.00%
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- City Yield 2-Yr Treasury Yield
2-Yr
Treasury
City Yield Yield
July 2004
August 2004 2.38% 2.51%
September 2004 2.46% 2.53%
October 2004 2.57% 2.58%
November 2004 2.48% 2.85%
December 2004 2.59% 3.01%
January 2005 2.69% 3.22%
February 2005 2.77% 3.38%
March 2005 2.89% 3.73%
April 2005 2.99% 3.65%
May 2005 3.08% 3.64%
June 2005 3.28% 3.64%
July 2005 3.34% 3.87%
Q,
34 Page 14 of 14
ITEM NUMBER: A — 5
DATE: 01/10/06
1918 1979
it h.
Atascadero City Council August 2005
Staff Deport - City Treasurer
August 2005 Investment Report
RECOMMENDATION:
Council approve the City Treasurer's report for August 2005
REPORT IN BRIEF:
Cash and Investments
Checking $ 649,426
Money Market Accounts 350,698
Certificates of Deposit 8,221,184
Government Securities 6,669,358
LAIF 13,774,528
r* Cash with Fiscal Agents 351,198
Cash in Banks at August 31, 2005 $ 30,016,392
Deposits in Transit
Outstanding Checks (558,870}
Cash and Investments at August 31, 2005 $ 29,457,522
Investment Activity
Securities Purchased:
Purchase Date Description Type Cost Maturity Date
08/19/05 Suburbank Bank &Trust CD $ 98,000 08/19/10
08/24/05 Resource Bank CD 97,000 08/24/09
08/26/05 First Bank of Puerto Rico CD 97,000 08/26/08
08/26/05 Independent Bank CD 98,000 08/26/08
08/26/05 Salin Bank &Trust CD 98,000 08/26/08
Securities Matured:
None
Securities Sold/Called Prior to Maturity:
None
0 Other Reportable Activities:
None
Page 1 of 15 35
CITY OF ATASCADERO
TREASURER'S REPORT
CASH&INVESTMENTS ACTIVITY SUMMARY
FOR THE MONTH OF A UGUST 2005 0
CHECKING FISCAL
ACCOUNT INVESTMENTS AGENT TOTALS
Balance per Banks at
August 1, 2005 $ 740,625 $ 29,871,756 $ 145,946 $ 30,758,327
Receipts 1,453,769 56,012 327 1,510,108
Disbursements (2,430,043) - - (2,430,043)
Transfers In from
Redevelopment LAIF 178,000 - - 178,000
Transfers In 1,950,000 1,038,000 204,925 3,192,925
Transfers Out (1,242,925) (1,950,000) - (3,192,925)
Balance per Banks at
August 31, 2005 $ 649,426 $ 29,015,768 $ 351,198 30,016,392 0
Deposits in Transit -
Outstanding Checks (558,870)
Adjusted Treasurer's Balance $ 29,457,522
36 Page 2 of 15
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City of Atascadero
Investments by Type
August 2005
Government Securities
23%
Certificates of Deposit 1,, Cash with
28% Fiscal Agent
1%
r , Other
1%
erg
LAIF
47%
Investment August 2005
LAT $ 13,774,528
Certificates of Deposit 8,221,184
Government Securities 6,669,358
Cash with Fiscal Agent 351,198
Other 350,698
$ 29,366,966
46 Page 12 of 15
City of Ataseadero
Investments by Maturity
August 2005
One to Five Years
One Month
48%
to One Year
3%
Within
One Month
0%
On Demand
49%
Investment August 2005
On Demand $ 14,125,226
Within One Month 49,189
One Month to One Year 881,000
One to Five Years 13,960,353
$ 29,015,768
Page 13 of 15 47
City of Atascadero
Investments by Custodial Agent
August 2005
RBC Union Bank
Dain Rauscher 42%
Penson 6%
Financial Corp.
4%
a.
Bank of
New York
1%
City of
Atascadero
State of California 0%
47%
Custodial Agent August 2005
State of California $ 13,774,528
Penson Financial Corp. 1,180,641
RBC Dain Rauscher 1,686,311
Union Bank 12,325,099
Bank of New York 351,198
City of Atascadero 49,189
$ 29,366,966
48 Page 14 of 15
City of Atascadero
Investment Yield vs. 2-Year Treasury Yield
For the Month Ended August 31, 2005
4.50%
4.00%
3.50% -
3.00%
2.50%
2.00%
1.50%
1.00% .
0.50"/° ,
10.00%
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F
` City Yield 2-Yr TreasuryYield
2-Yr
Treasury
City Yield Yield
August 20042,38% 2.51%
September 2004 2.46% 2.53%
October 2004 2.57% 2.58%
November 2004 2.48% 2.85%
December 2004 2.59% 3.01%
January 2005 2.69% 3.22%
February 2005 2.77% 3.38%
March 2005 2.89% 3.73%
Apri12005 2.99% 3.65%
May 2005 3.08% 3.64%
June 2005 3.28% 3.64%
July 2005 3.34% 3.87%
August 2005 3.45% 4.04%
Page 15 of 15 49
ITEM NUMBER: A — 6
DATE: 01/10/06
. as ■ ■
� �EBoj
Atascadero City Council September 2005
Staff Report - City Treasurer
September 2005 Investment Report
RECOMMENDATION:
Council approve the City Treasurer's report for September 2005
REPORT IN BRIEF:
Cash and Investments
Checking $ 542,813
Money Market Accounts 383,591
Certificates of Deposit 8,416,003
Government Securities 6,669,358
LAIF 12,579,528
Cash with Fiscal Agents 146,617
Cash in Banks at September 30, 2005 $ 28,737,910
Deposits in Transit -
Outstanding Checks (1,128,257)
Cash and Investments at September 30, 2005 $ 27,609,653
Investment Activity
Securities Purchased:
Purchase Date Description Type Cost Maturity Date
09/06/05 Cowlitz Bank CD $ 97,720 11/17/06
09/07/05 Bank of St. Petersburg CD $ 97,000 09/07/10
Securities Matured:
None-
Securities Sold/Called Prior to Maturity:
None
Other Reportable Activities:
None
Page 1 of 13 51
CITY OF ATASCADERO
TREASURER'S REPORT
CASH&INVESTMENTS ACTIVITY SUMMARY
FOR THE MONTH OF SEPTEMBER 2005
CHECKING FISCAL
ACCOUNT INVESTMENTS AGENT TOTALS
Balance per Banks at
September 1, 2005 $ 649,426 $ 29,015,768 $ 351,198 $ 30,016,392
Receipts 1,226,073 32,992 364 1,259,429
Disbursements (2,659,966) - (204,945) (2,864,911)
Transfers In from
Redevelopment LAIF 327,000 - - 327,000
Transfers In 1,595,000 594,720 - 2,189,720
Transfers Out (594,720) (1,595,000) - (2,189,720)
Balance per Banks at
September 30, 2005 $ 542,813 $ 28,048,480 $ 146,617 28,737,910
Deposits in Transit -
Outstanding Checks (1,128,257)
Adjusted Treasurer's Balance $ 27,609,653
52 Page 2 of 13
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59
City of Atascadero
Investments by Type
September 2005
Cash with
Government Securities Fiscal Agent
1% Other
24% 1%
f
a
LAIF
Certificates of Deposit 44%
30%
Investment September 2005
LAIF $ 12,579,528
Certificates of Deposit 8,416,003
Government Securities 6,669,358
Cash with Fiscal Agent 146,617
Other 383,591
$ 28,195,097
60 Page 10 of 13
City of Atascadero
Investments by Maturity
September 2005
One Month
Within to One Year
One Month 3% One to Five Years
1% 50%
On Demand
46%
Investment September 2005
On Demand $ 12,963,119
Within One Month 196,000
One Month to One Year 734,288
One to Five Years 14,155,073
$ 28,048,480
Page 11 of 13 61
City of Atascadero
Investments by Custodial Agent
September 2005
Union Bank
RBC Dain 44%
Rauscher
6%
Penson
Financial Corp.
5%
xh
Bank of
New York
1%
City of
Atascadero
State of California 0%
44%
Custodial Agent September 2005
State of California $ 12,579,528
Penson Financial Corp. 1,277,646
RBC Dain Rauscher 1,784,031
Union Bank 12,357,987
Bank of New York 146,617
City of Atascadero 49,288
$ 28,195,097
62 Page 12 of 13
City of Atascadero
Investment Yield vs. 2-Year Treasury Yield
For the Month Ended September 30, 2005
4.50%
4.00%
3.50%
3.00%
2.50%
2.00% "
1.50%
1.00%
0.50%
0.00%
OOp OOb OOR tiOOx OO4j OOg OOh 004 OO4j OOh OOt� 004j OOh
�1 <l �`L � 'L `L rti
xe�`J��
O O Q
5
City Yield 2-Yr Treasury Yield
2-Yr
Treasury
City Yield Yield
September 2004
October 2004 2.57% 2.58%
November 2004 2.48% 2.85%
December 2004 2.59% 3.01%
January 2005 2.69% 3.22%
February 2005 2.77% 3.38%
March 2005 2.89% 3.73%
April 2005 2.99% 3.65%
May 2005 3.08% 3.64%
June 2005 3.28% 3.64%
July 2005 3.34% 3.87%
August 2005 3.45% 4.04%
September 2005 3.54% 3.95%
Page 13 of 13 63
ITEM NUMBER: A - 7
DATE: 01/10/06
n
1915 1979
A tascadero City Council
Staff Report - Administrative Services Department
October 2005 Accounts Payable and Payroll
RECOMMENDATION:
Council approve certified City accounts payable, payroll and payroll vendor checks for
October 2005.
DISCUSSION:
Attached for City Council review and approval are the following:
Payroll
Dated 10/6/05 Checks # 21825 - 21889 $ 63,704.85
Direct Deposits 172,600.11
Dated 10/20/05 Checks # 21890 - 21946 61,263.13
Direct Deposits 178,486.59
Accounts Payable
Dated 10/1/05 - 10/31/05 Checks # 102272 - 102703
& EFTs 382 - 384 1,728,439.34
TOTAL AMOUNT $ 2,204,494.02
FISCAL IMPACT:
Total expenditures for all funds is $ 2,204,494.02
CERTIFICATION:
The undersigned certifies that the attached demands have been released forp�yment
and that funds are available for these dema�nds.
t f
Rachelle Rickard, Dir for of Administrative Services
ATTACHMENT:
October 2005 Eden Warrant Register in the amount of $ 1,728,439.34
65
City of Atascadero
Disbursement Listing
For the Month of October 2005
Check Check
Number Date Vendor Description Amount
382 10/3/2005 MID-STATE BANK Accounts Payable Check 210.59
102272 10/4/2005 PROGRESSIVE SOLUTIONS,INC. Accounts Payable Check 360.00
102273 10/4/2005 SOUTHPAW SIGN CO. Accounts Payable Check 6,417.13
102274 10/4/2005 UNITED STAFFING ASSOCIATES Accounts Payable Check 3,779.10
102275 10/4/2005 UNITED STAFFING ASSOCIATES Accounts Payable Check 3,672.00
102276 1017/2005 ATASCADERO FIRE EMPLOYEE ASSN. Payroll Vendor Payment 570.00
102277 10/7/2005 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 20.00
102278 10/7/2005 ATASCADERO POLICE OFFICERS ASN Payroll Vendor Payment 400.29
102279 10/7/2005 FAMILY SUPPORT DIVISION Payroll Vendor Payment 207.69
102280 10/7/2005 EDFUND Payroll Vendor Payment 192.19
102281 10/7/2005 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 9,693.30
102282 10/7/2005 EMPLOYMENT DEV.DEPARTMENT Payroll Vendor Payment 1,097.04
102283 10/7/2005 HARTFORD LIFE INSURANCE Payroll Vendor Payment 9,445.38
102284 10/7/2005 ICMA RETIREMENT TRUST-457 Payroll Vendor Payment 968.46
102285 10/7/2005 KENNEDY CLUB FITNESS Payroll Vendor Payment 88.00
102286 10/7/2005 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 1,010
102287 10/7/2005 PERS LONG TERM CARE PROGRAM Payroll Vendor Payment 16.1
102288 10/7/2005 PUBLIC EMPL RETIREMENT SYSTEM Payroll Vendor Payment 67,993.56
102289 10/7/2005 SEIU LOCAL 620 Payroll Vendor Payment 663.94
102290 10/7/2005 UNITED WAY OF SLO COUNTY Payroll Vendor Payment 26.00
383 10/11/2005 MID-STATE BANK Payroll Vendor Payment 41,118.92
102291 10/12/2005 AFLAC Payroll Vendor Payment 3,140.30
102292 10/12/2005 FRANCO BECHARA Accounts Payable Check 66.88
102294 10/12/2005 BLUE CROSS OF CALIFORNIA Payroll Vendor Payment 86,192.08
102296 10/12/2005 BLUE SHIELD OF CALIFORNIA Payroll Vendor Payment 1,827.55
102298 10/12/2005 DELTA DENTAL,ATTN:ACCOUNTING payroll Vendor Payment 8,323.58
102299 10/12/2005 THE STANDARD UNIT 22 Payroll Vendor Payment 968.07
102300 10/12/2005 UNUM LIFE INSURANCE CO. Payroll Vendor Payment 661.73
102301 10/12/2005 PACIFIC GAS AND ELECTRIC Accounts Payable Check 57.47
102302 10/17/2005 A&T ARBORISTS Accounts Payable Check 2,850.00
102303 10/17/2005 A&T ARBORISTS Accounts Payable Check 1,092.50
102304 10/17/2005 ADVANCED SOUND&IMAGE Accounts Payable Check 892
102305 10/17/2005 AHERN RENTALS Accounts Payable Check 3,447.4
66
City of Atascadero
Disbursement Listing
For the Month of October 2005
Check Check
tuber Date Vendor Description Amount
102306 10/17/2005 AHERN RENTALS Accounts Payable Check 289.79
102307 10/17/2005 AIRGAS WEST Accounts Payable Check 56.84
102308 10/17/2005 ALL ABOUT PRODUCE,CORP. Accounts Payable Check 881.65
102309 10/17/2005 JOE ALLEN Accounts Payable Check 140.00
102310 10/17/2005 ALTHOUSE&MEADE,INC. Accounts Payable Check 7,979.00
102311 10/17/2005 ALTHOUSE&MEADE,INC. Accounts Payable Check 2,300.00
102312 10/17/2005 ANTECH DIAGNOSTICS Accounts Payable Check 611.50
102313 10/17/2005 ARAMARK UNIFORM SERVICES Accounts Payable Check 307.15
102314 10/17/2005 GINA ARIAS Accounts Payable Check 14.18
102315 10/17/2005 ATASCADERO CHAMBER OF COMMERCE Accounts Payable Check 42.50
102316 10/17/2005 ATASCADERO COMMUNITY Accounts Payable Check 31,133.00
102317 10/17/2005 ATASCADERO FORD Accounts Payable Check 2,006.86
102318 10/17/2605 ATASCADERO HAY&FEED Accounts Payable Check 16.62
102319 10/17/2005 ATASCADERO HAY&FEED Accounts Payable Check 15.25
102320 10/17/2005 ATASCADERO MAIN STREET Accounts Payable Check 500.00
102322 10/17/2005 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 12,362.90
0 102323 10/17/2005 ATASCADERO NEWS Accounts Payable Check 2,521.97
102324 10/17/2005 ATASCADERO TRAFFIC WAY STORAGE Accounts Payable Check 522.00
102325 10/17/2005 ATASCADERO WASTE ALTERNATIVES Accounts Payable Check 1,524.00
102326 10/17/2005 ATASCADERO WASTE ALTERNATIVES Accounts Payable Check 1,068.36
102327 10/17/2005 AVAYA INC. Accounts Payable Check 22.42
102328 10/17/2005 TIFFANY AYLES Accounts Payable Check 270.00
102329 10/17/2005 ROBERT J.BAGBY Accounts Payable Check 366.15
102330 10/17/2005 ALAN BAKER Accounts Payable Check 213.99
102331 10/17/2005 ANN BANKS Accounts Payable Check 275.00
102332 10/17/2005 BASIC CHEMICAL SOLUTIONS,LLC Accounts Payable Check 3,963.96
102333 10/17/2005 BASSETT'S CRICKET RANCH,INC. Accounts Payable Check 113.37
102334 10/17/2005 AMY M.BEEMAN Accounts Payable Check 227.85
102335 10/17/2005 CINDY K.BENSON Accounts Payable Check 1,099.00
102336 10/17/2005 BFGC ARCHITECTS PLANNERS,INC. Accounts Payable Check 33,258.49
102337 10/17/2005 TOM BIRKENFELD Accounts Payable Check 220.00
102338 10/17/2005 BLUEPRINTER Accounts Payable Check 16.09
102339 10/17/2005 JEFFRY L.BROMBY Accounts Payable Check 140.00
102340 10/17/2005 CASEY BRYSON Accounts Payable Check 100.00
102341 10/17/2005 BURTON'S FIRE,INC. Accounts Payable Check 60.47
102342 10/17/2005 CANDACE BURTSFIELD Accounts Payable Check 668.25
67
City of Atascadero
Disbursement Listing
For the Month of October 2005
Check Check
Number Date Vendor Description Amount
102343 10/17/2005 DARIN CANDIFF Accounts Payable Check 51095.19
102344 10/17/2005 CANNON ASSOCIATES Accounts Payable Check 1,080.00
102345 10/17/2005 CARL WALKER,INC. Accounts Payable Check 1,647.33
102346 10/17/2005 JALAINE CARRITHERS Accounts Payable Check 41.31
102347 10/17/2005 CED Accounts Payable Check 20.84
102348 10/17/2005 CENTRAL COAST PLUMBING SUPPLY Accounts Payable Check 4.70
102349 10/17/2005 CENTRAL COAST R&R LOCK Accounts Payable Check 64.13
102350 10/17/2005 CENTRAL COAST STRIPING,INC. Accounts Payable Check 1,710.00
102351 10/17/2005 CHEM CLEAN Accounts Payable Check 528.69
102352 10/17/2005 CHEM SERVE Accounts Payable Check 143.71
102353 10/17/2005 CHEVRON Accounts Payable Check 933.99
102354 10/17/2005 CHICAGO GRADE LANDFILL Accounts Payable Check 200.00
102355 10/17/2005 CINGULAR WIRELESS Accounts Payable Check 24.57
102356 10/17/2005 COASTAL IMAGING SUPPLIES Accounts Payable Check 80.44
102357 10/17/2005 COASTLINE EQUIPMENT Accounts Payable Check 342.67
102358 10/17/2005 CONOCOPHILLIPS Accounts Payable Check 4,241.85
102359 10/17/2005 CRYSTAL SPRINGS WATER Accounts Payable Check 314.5
102360
10/17/2005 CTM GROUP,INC. Accounts Payable Check 200.
102361 10/17/2005 CUSHMAN CONTRACTING CORP. Accounts Payable Check 35,494.00
102362 10/17/2005 DALLAS CROWN,INC Accounts Payable Check 541.13
102363 10/17/2005 DAN BIDDLE PEST CONTROL SERVIC Accounts Payable Check 190.00
102364 10/17/2005 BRIAN DANA Accounts Payable Check 110.05
102365 10/17/2005 DATANET SOLUTIONS Accounts Payable Check 6,977.94
102366 10/17/2005 DAN DAVIS Accounts Payable Check 599.20
102367 10/17/2005 DECOU LUMBER COMPANY Accounts Payable Check 51.76
102368 10/17/2005 DECOU LUMBER COMPANY Accounts Payable Check 47.40
102369 10/17/2005 DEPARTMENT OF TRANSPORTATION Accounts Payable Check 747.26
102370 10/17/2005 DESTINATION DEVELOPMENT,INC. Accounts Payable Check 6,650.00
102371 10/17/2005 EARTH SYSTEMS PACIFIC Accounts Payable Check 3,097.00
102372 10/17/2005 EL CAMINO CAR WASH LLC Accounts Payable Check 32.90
102373 10/17/2005 EL CAMINO VETERINARY HOSP Accounts Payable Check 210.56
102374 10/17/2005 ESCUELA DEL RIO Accounts Payable Check 129.60
102375 10/17/2005 EXXON MOBIL Accounts Payable Check 33.00
102376 10/17/2005 FEDERAL EXPRESS Accounts Payable Check 134.09
102377 10/17/2005 FENCE FACTORY ATASCADERO Accounts Payable Check 1,183
68
City of Atascadero
Disbursement Listing
For the Month of October 2005
Check Check
tuber Date Vendor Description Amount
102378 10/17/2005 FERGUSON ENTERPRISES,INC. Accounts Payable Check 557.53
102379 10/17/2005 FERRELL'S AUTO REPAIR Accounts Payable Check 146.44
102380 10/17/2005 FGL ENVIRONMENTAL Accounts Payable Check 296.60
102381 10/17/2005 FIRSTLINE,LLC Accounts Payable Check 176.96
102382 10/17/2005 ROBERT FISHER Accounts Payable Check 1,235.50
102383 10/17/2005 FIX PAINTING CO. Accounts Payable Check 43,500.00
102384 10/17/2005 FOOD FOR LESS Accounts Payable Check 180.99
102385 10/17/2005 GAS COMPANY Accounts Payable Check 379.58
102386 10/17/2005 GEM AUTO PARTS Accounts Payable Check 213.71
102387 10/17/2005 MIKE GIL Accounts Payable Check 516.00
102388 10/17/2005 GILBERT'S LANDSCAPES Accounts Payable Check 225.00
102389 10/17/2005 KELLY GLEASON Accounts Payable Check 10.70
102390 10/17/2005 KENNETH GLYNN Accounts Payable Check 396.20
102391 10/17/2005 GRISANTI HARDWARE Accounts Payable Check 80.97
102392 10/17/2005 H.D.PETERSON Accounts Payable Check 1,956.87
102393 10/17/2005 VOID Accounts Payable Check 0.00
102394 10/17/2005 HAMON OVERHEAD DOOR CO Accounts Payable Check 240.03
102395 10/17/2005 BRIAN J.HAMPTON Accounts Payable Check 204.00
102396 10/17/2005 HANSON AGGREGATES MID-PACIFIC Accounts Payable Check 360.43
102397 10/17/2005 HART IMPRESSIONS PRINT© Accounts Payable Check 253.62
102398 10/17/2005 HELPING HAND HEALTH EDUCATION Accounts Payable Check 145.00
102399 10/17/2005 MEREDITH HENDRICKSON Accounts Payable Check 243.06
102400 10/17/2005 HENRY SCHEIN,INC. Accounts Payable Check 38.92
102401 10/17/2005 GENE HICKS Accounts Payable Check 220.00
102402 10/17/2005 APRIL R.HIGGINS Accounts Payable Check 234.50
102403 10/17/2005 JOHN W.HOUGH Accounts Payable Check 220.00
102407 10/17/2005 I.M.P.A.C.GOVERNMENT SERVICES Accounts Payable Check 11,537.17
102408 10/17/2005 INFORMATION TECHNOLOGY Accounts Payable Check 227.42
102409 10/17/2005 IRON MOUNTAIN RECORDS MGMNT Accounts Payable Check 18.23
102410 10/17/2005 ISN GLOBAL ENTERPRISES,INC. Accounts Payable Check 2,500.00
102411 10/17/2005 J&S SWEEPING SERVICE Accounts Payable Check 880.00
102412 10/17/2005 JAKE FANNING CONSTRUCTION Accounts Payable Check 1,600.00
102413 10/17/2005 JESPERSEN'S TIRE SERVICE,INC. Accounts Payable Check 28.00
0112414 10/17/2005 JIFFY LUBE/SOUND BILLING Accounts Payable Check 31.37
102415 10/17/2005 L.N.CURTIS&SONS Accounts Payable Check 1,334.15
102416 10/17/2005 LANE-BRADSHAW INVESTMENTS Accounts Payable Check 1,683.21
69
City of Ataseadero
Disbursement Listing
For the Month of October 2005
Check Check
Number Date Vendor Description Amount
102417 10/17/2005 LAUTZENHISER'S STATIONARY Accounts Payable Check 421.04
102418 10/17/2005 LEMOS FEED&PET SUPPLY Accounts Payable Check 26.79
102419 10/17/2005 LIFE ASSIST,INC. Accounts Payable Check 140.71
102420 10/17/2005 LYNDON'S AUTOMOTIVE Accounts Payable Check 845.35
102421 10/17/2005 KERRY MARGASON Accounts Payable Check 53.86
102422 10/17/2005 MARIN CONSULTING ASSC Accounts Payable Check 470.00
102423 10/17/2005 MARK'S PLUMBING&WATER TRMNT Accounts Payable Check 477.94
102424 10/17/2005 MATTHEW BENDER&CO.,INC. Accounts Payable Check 1,584.47
102425 10/17/2005 STEVEN M.MCCLELLAN Accounts Payable Check 51.00
102426 10/17/2005 WADE MCKINNEY Accounts Payable Check 262.44
102427 10/17/2005 MEDWORKS,INC. Accounts Payable Check 430.00
102428 10/17/2005 MID-COAST MOWER&SAW Accounts Payable Check 69.68
102429 10/17/2005 MINER'S ACE HARDWARE Accounts Payable Check 519.84
102430 10/17/2005 MATTHEW J.MIRANDA Accounts Payable Check 220.00
102431 10/17/2005 MISSION UNIFORM SERVICE Accounts Payable Check 97.52
102432 10/17/2005 NAVAJO ROCK&BLOCK Accounts Payable Check 357.24
102433 10/17/2005 NEW EDGE NETWORKS TRANSEDGE Accounts Payable Check 279•
102434 10/17/2005 NEWCO DISTRIBUTORS,INC Accounts Payable Check 987•
0
102435 10/17/2005 VOID Accounts Payable Check 0.00
102436 10/17/2005 NORTHWEST BUSINESS STAMP Accounts Payable Check 83.85
102437 10/17/2005 OFFICE DEPOT INC. Accounts Payable Check 902.33
102438 10/17/2005 TERRY OTIS Accounts Payable Check 1,517.19
102439 10/17/2005 OUTLET TOOL SUPPLY Accounts Payable Check 1,777.48
102440 10/17/2005 OUTLET TOOL SUPPLY Accounts Payable Check 92.85
102441 10/17/2005 PACIFIC AUTO GLASS Accounts Payable Check 110.00
102443 10/17/2005 PACIFIC GAS AND ELECTRIC Accounts Payable Check 29,699.56
102444 10/17/2005 PAPER WORKS Accounts Payable Check 9.38
102445 10/17/2005 PASO ROBLES SAFE&LOCK Accounts Payable Check 1,632.95
102446 10/17/2005 VOID Accounts Payable Check 0.00
102447 10/17/2005 PERFECT PETS,INC. Accounts Payable Check 41.00
102448 10/17/2005 PERRY'S PARCEL SERVICE Accounts Payable Check 218.13
102449 10/17/2005 ELIZABETH PETERSEN Accounts Payable Check 210.00
102450 10/17/2005 PIERCE MANUFACTURING,INC. Accounts Payable Check 10,373.64
102451 10/17/2005 SCOTT E.PIPAN Accounts Payable Check 140.00
102452 10/17/2005 PITNEY BOWES,INC. Accounts Payable Check 1371
70
City of Atascadero
Disbursement Listing
For the Month of October 2005
heck Check
tuber Date Vendor Description Amount
102453 10/17/2005 POOR RICHARD'S PRESS Accounts Payable Check 62.90
102454 10/17/2005 PRAXAIR DISTRIBUTION,INC. Accounts Payable Check 146.00
102455 10/17/2005 PRINT LOGIC,INC. Accounts Payable Check 70.00
102456 10/17/2005 PROCARE JANITORIAL SUPPLY Accounts Payable Check 445.17
102457 10/17/2005 QUINN RENTAL SERVICES Accounts Payable Check 773.81
102458 10/17/2005 R.BURKE CORPORATION Accounts Payable Check 282,047.13
102459 10/17/2005 CAROLE ROBINSON Accounts Payable Check 80.00
102460 10/17/2005 SAN JOSE STATE UNIVERSITY Accounts Payable Check 510.00
102461 10/17/2005 SAN MIGUEL CONSTRUCTION Accounts Payable Check 125.00
102462 10/17/2005 SANTA MARGARITA CONST.CORP. Accounts Payable Check 47,615.00
102463 10/17/2005 SBC Accounts Payable Check 1,076.22
102464 10/17/2005 SBC/MCI Accounts Payable Check 694.00
102465 10/17/2005 SCHIMM'S TREE SERVICE Accounts Payable Check 625.00
102466 10/17/2005 LISETTE SCHOLL Accounts Payable Check 258.30
102467 10/17/2005 SCOTT O'BRIEN FIRE&SAFETY CO Accounts Payable Check 303.51
102468 10/17/2005 SHELL Accounts Payable Check 74.89
102469 10/17/2005 JOHN SIEMENS Accounts Payable Check 563.80
102470 10/17/2005 STEVE SCHMIDT TOPSOIL Accounts Payable Check 187.69
102471 10/17/2005 MICHAEL STORNETTA Accounts Payable Check 220.00
102472 10/17/2005 SUNLIGHT JANITORIAL Accounts Payable Check 1,397.40
102473 10/17/2005 SYLVESTER'S SECURITY ALARMS Accounts Payable Check 120.00
102474 10/17/2005 TAYLOR RENTAL CENTER Accounts-Payable Check 117.38
102475 10/17/2005 TEMPLETON FEED&GRAIN Accounts Payable Check 56.90
102476 10/17/2005 TESORO Accounts Payable Check 6,116.08
102477 10/17/2005 KRISTIN K.THAYER Accounts Payable Check 225.00
102478 10/17/2005 TIME WARNER TELECOM Accounts Payable Check 1,359.72
102479 10/17/2005 MARCIA TORGERSON Accounts Payable Check 200.54
102480 10/17/2005 TRIBUNE Accounts Payable Check 171.00
102481 10/17/2005 UNION ASPHALT,INC. Accounts Payable Check 6,888.71
102482 10/17/2005 UNITED STAFFING ASSOCIATES Accounts Payable Check 5,310.80
102483 10/17/2005 UNITED STAFFING ASSOCIATES Accounts Payable Check 1,700.00
102484 10/17/2005 UPS Accounts Payable Check 5.62
102485 10/17/2005 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 941.63
102486 10/17/2005 VOID Accounts Payable Check 0.00
102487 10/17/2005 VERIZON WIRELESS Accounts Payable Check 1,032.88
102488 10/17/2005 MATT VIERRA Accounts Payable Check 120.00
71
City of Atascadero
Disbursement Listing
For the Month of October 2005
Check Check
Number Date Vendor Description Amount
102489 10/17/2005 WAKEFIELD COMPANY Accounts Payable Check 2,109.00
102490 10/17/2005 BRIAN WESTERMAN Accounts Payable Check 100.00
102491 10/17/2005 WESTERN JANITOR SUPPLY Accounts Payable Check 77.04
102492 10/17/2005 WILLIAM P.WHITE Accounts Payable Check 100.00
102493 10/17/2005 SUSAN M.WILLIAMS Accounts Payable Check 14.26
102494 10/17/2005 WOODWARD ACOUSTICS,INC. Accounts Payable Check 15,705.00
102495 10/17/2005 YESTERDAYS SPORTSWEAR Accounts Payable Check 492.28
102496 10/19/2005 VOID Accounts Payable Check 0.00
102497 10/19/2005 HOME DEPOT Accounts Payable Check 1,289.61
102498 10/19/2005 HOME DEPOT Accounts Payable Check 853.73
102499 10/19/2005 ADVANCE TRANSMISSION Accounts Payable Check 1,371.56
102500 10/21/2005 ATASCADERO FIRE EMPLOYEE ASSN. Payroll Vendor Payment 570.00
102501 10/21/2005 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 20.00
102502 10/21/2005 ATASCADERO POLICE OFFICERS ASN Payroll Vendor Payment 535.29
102503 10/21/2005 AXA EQUITABLE Payroll Vendor Payment 371.15
102504 10/21/2005 FAMILY SUPPORT DIVISION Payroll Vendor Payment 207.6
102505
10/21/2005 CITIPAC Payroll Vendor Payment 30.(
102506 10/21/2005 EDFUND Payroll Vendor Payment 192.19
102507 10/21/2005 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 10,284.36
102508 10/21/2005 EMPLOYMENT DEV.DEPARTMENT Payroll Vendor Payment 1,020.45
102509 10/21/2005 HARTFORD LIFE INSURANCE Payroll Vendor Payment 9,395.38
102510 10/21/2005 ICMA RETIREMENT TRUST-457 Payroll Vendor Payment 938.46
102511 10/21/2005 KENNEDY CLUB FITNESS Payroll Vendor Payment 88.00
102512 10/21/2005 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 892.83
102513 10/21/2005 PERS LONG TERM CARE PROGRAM Payroll Vendor Payment 16.19
102514 10/21/2005 PUBLIC EMPL RETIREMENT SYSTEM Payroll Vendor Payment 67,964.43
102515 10/21/2005 SEIU LOCAL 620 Payroll Vendor Payment 636.08
102516 10/21/2005 UNITED WAY OF SLO COUNTY Payroll Vendor Payment 26.00
102517 10/24/2005 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 7,262.92
384 10/25/2005 MID-STATE BANK Payroll Vendor Payment 42,673.74
102518 10/28/2005 A&T ARBORISTS Accounts Payable Check 6,280.00
102519 10/28/2005 A-JAY EXCAVATING,INC. Accounts Payable Check 2,383
102520 10/28/2005 ACTION TOWING Accounts Payable Check 65.
72
City of Atascadero
Disbursement Listing
For.the Month of October 2005
Check Check
umber Date Vendor Description Amount
102521 10/28/2005 KEITH AGGSON Accounts Payable Check 97.09
102522 10/28/2005 ALTHOUSE&MEADE,INC. Accounts Payable Check 635.00
102523 10/28/2005 AMERICAN WEST TIRE&AUTO INC Accounts Payable Check 37.50
102524 10/28/2005 ANACAPA ANIMAL HOSPITAL Accounts Payable Check 82.39
102525 10/28/2005 ARAMARK UNIFORM SERVICES Accounts Payable Check 337.77
102526 10/28/2005 ARCH Accounts Payable Check 446.36
102527 10/28/2005 ASTARIS LLC Accounts Payable Check 1,251.40
102528 10/28/2005 AT&T Accounts Payable Check 57.65
102529 10/28/2005 ATASCADERO CHAMBER OF COMMERCE Accounts Payable Check 179.63
102530 10/28/2005 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 1,375.00
102531 10/28/2005 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 68.40
102532 10/28/2005 ATASCADERO RADIATOR Accounts Payable Check 325.33
102533 10/28/2005 BANK OF NEW YORK Accounts Payable Check 2,421.30
102534 10/28/2005 BATTERY SYSTEMS Accounts Payable Check 54.64
102535 10/28/2005 BFGC ARCHITECTS PLANNERS,INC. Accounts Payable Check 206,718.75
102536 10/28/2005 BOB'S RUBBER STAMPS Accounts Payable Check 24.09
10102537 10/28/2005 BURTON'S FIRE,INC. Accounts Payable Check 7,898.39
102538 10/28/2005 C.L.ATKINSON CONSTRUCTION Accounts Payable Check 165.00
102539 10/28/2005 CA.CENTRAL FIRE PROTECTION Accounts Payable Check 44,566.87
102540 10/28/2005 CAL-COAST REFRIGERATION,INC Accounts.Payable Check 204.19
102541 10/28/2005 CAL-STATE AUTO GLASS Accounts Payable Check 150.00
102542 10/28/2005 CALIFORNIA CODE CHECK Accounts Payable Check 26,678.46
102543 10/28/2005 CARL WALKER,INC. Accounts Payable Check 9,334.31
102544 10/28/2005 CDW GOVERNMENT,INC. Accounts Payable Check 375.38
102545 10/28/2005 CENTRAL COAST ARCHAEOLOGY Accounts Payable Check 575.00
102546 10/28/2005 CENTRAL COAST EMERGENCY PHYSIC Accounts Payable Check 266.00
102547 10/28/2005 CENTRAL COAST FIRE EQUIPMENT Accounts Payable Check 214.50
102548 10/28/2005 CENTRAL COAST STRIPING,INC. Accounts Payable Check 23,004.76
102549 10/28/2005 CERTIFIED FOLDER DISPLAY SVC Accounts Payable Check 5,777.74
102550 10/28/2005 CHEM CLEAN Accounts Payable Check 553.73
102551 10/28/2005 BRADY CHERRY Accounts Payable Check 300.00
102552 10/28/2005 CHEVRON Accounts Payable Check 1,317.76
102553 10,/28/2005 CHICAGO GRADE LANDFILL, INC. Accounts Payable Check 180.00
102554 10/28/2005 JOSEPH CHOUINARD P.E. Accounts Payable Check 4,060.90
102555 10/28/2005 JERRY L.CLAY Accounts Payable Check 75.00
102556 10/28/2005 CNOA Accounts Payable Check 75.00
73
City of Ataseadero
Disbursement Listing
For the Month of October 2005
Check Check
Number Date Vendor Description Amount
102557 10/28/2005 COAST ELECTRONICS Accounts Payable Check 72,215.74
102558 10/28/2005 COASTAL IMAGING SUPPLIES Accounts Payable Check 415.06
102559 10/28/2005 COASTLINE EQUIPMENT Accounts Payable Check 2,735.96
102560 10/28/2005 JOHN COUCH Accounts Payable Check 390.18
102561 10/28/2005 CREDIT BUREAU Accounts Payable Check 32.72
102562 10/28/2005 CRITERION PICTURES USA,INC. Accounts Payable Check 125.00
102563 10/28/2005 CRYSTAL SPRINGS WATER Accounts Payable Check 140.00
102564 10/28/2005 CSMFO Accounts Payable Check 100.00
102565 10/28/2005 TOMILYN CUNNINGHAM Accounts Payable Check 30.00
102566 10/28/2005 DAVE BANG ASSC.,INC. Accounts Payable Check 21,832.02
102567 10/28/2005 DECOU LUMBER COMPANY Accounts Payable Check 94.54
102568 10/28/2005 DECOU LUMBER COMPANY Accounts Payable Check 69.87
102569 10/28/2005 DEPARTMENT OF JUSTICE Accounts Payable Check 2,099.00
102570 10/28/2005 DEPARTMENT OF TRANSPORTATION Accounts Payable Check 1,163.34
102571 10/28/2005 DIAMONDBACK FIRE&RESCUE,INC Accounts Payable Check 4,667.68
102572 10/28/2005 DOGGIE WALK BAGS COMPANY Accounts Payable Check 553.75
102573 10/28/2005 DRIVER ALLIANT INSURANCE SVC Accounts Payable Check 1,020
102574 10/28/2005 EAGLE UNITED USA,INC. Accounts Payable Check 2,218.
102575 10/28/2005 EARTH SYSTEMS PACIFIC Accounts Payable Check 5,685.00
102576 10/28/2005 EASYLINK Accounts Payable Check 0.63
102577 10/28/2005 EDEN SYSTEMS,INC. Accounts Payable Check 375.00
102578 10/28/2005 EL CAMINO ASSOCIATES Accounts Payable Check 11,946.00
102579 10/28/2005 RYAN ENFANTINO Accounts Payable Check 100.00
102580 10/28/2005 ESCUELA DEL RIO Accounts Payable Check 48.60
102581 10/28/2005 EXXON MOBIL Accounts Payable Check 129.38
102582 10/28/2005 FEDERAL EXPRESS Accounts Payable Check 111.87
102583 10/28/2005 FENCE FACTORY ATASCADERO Accounts Payable Check 134.64
102584 10/28/2005 FERRELL'S AUTO REPAIR Accounts Payable Check 117.60
102585 10/28/2005 FIRE MAINTENANCE COMPANY,LLC Accounts Payable Check 102.00
102586 10/28/2005 FIRST AM REAL ESTATE SOLUTIONS Accounts Payable Check 100.00
102587 10/28/2005 FOOD FOR LESS Accounts Payable Check 91.86
102588 10/28/2005 WARREN FRACE Accounts Payable Check 390.00
102589 10/28/2005 FRAZEE INDUSTRIES,INC. Accounts Payable Check 11.40
102590 10/28/2005 THOMAS E.GANDY Accounts Payable Check 220.00
.102591 10/28/2005 GAS COMPANY Accounts Payable Check 38
74
City of Atascadero
Disbursement Listing
For the Month of October 2005
heck Check
umber Date Vendor Description Amount
102592 10/28/2005 GATEWAY COMPANIES,INC. Accounts Payable Check 4,828.50
102593 10/28/2005 GEM AUTO PARTS Accounts Payable Check 375.31
102594 10/28/2005 GLENN,BURDETTE,PHILLIPS,& Accounts Payable Check 8,100.00
102595 10/28/2005 NANCY GREEN Accounts Payable Check 20.00
102596 10/28/2005 GRISANTI HARDWARE Accounts Payable Check 89.47
102597 10/28/2005 GRISANTI HARDWARE Accounts Payable Check 22.31
102598 10/28/2005 H.D.PETERSON Accounts Payable Check 192.68
102599 10/28/2005 BARRY HARDY Accounts Payable Check 35.00
102600 10/28/2005 HELPING HAND HEALTH EDUCATION Accounts Payable Check 45.00
102601 10/28/2005 MEREDITH HENDRICKSON Accounts Payable Check 26.73
102602 10/28/2005 HINDERLITER,DE LLAMAS Accounts Payable Check 987.00
102603 10/28/2005 HOBBY BODY&PAINT SHOP Accounts Payable Check 1,932.03
102604 10/28/2005 INGLIS PET HOTEL Accounts Payable Check 105.13
102605 10/28/2005 EVELYN INGRAM Accounts Payable Check 633.85
102606 10/28/2005 IWMA Accounts Payable Check 7,568.00
102607 10/28/2005 J&S SWEEPING SERVICE Accounts Payable Check 1,140.00
102608 10/28/2005 JAKE FANNING CONSTRUCTION Accounts Payable Check 1,500.00
102609 10/28/2005 JAKE FANNING CONSTRUCTION Accounts Payable Check 400.00
102610 10/28/2005 JIFFY LUBE/SOUND BILLING Accounts Payable Check 93.70
102611 10/28/2005 COURTNEY JONES Accounts Payable Check 261.29
102612 10/28/2005 STEVEN SCOTT JUSTUS Accounts Payable Check 2,780.17
102613 10/28/2005 STEVEN KAHN Accounts Payable Check 300.00
102614 10/28/2005 VOID Accounts Payable Check 0.00
102615 10/28/2005 KRITZ EXCAVATING&TRUCKING Accounts Payable Check 495.00
102616 10/28/2005 L.N.CURTIS&SONS Accounts Payable Check 1,058.16
102617 10/28/2005 LEE WILSON ELECTRIC CO.INC Accounts Payable Check 1,210.47
102618 10/28/2005 LEMOS FEED&PET SUPPLY Accounts Payable Check 41.79
102619 10/28/2005 JAMES R.LEWIS Accounts Payable Check 250.00
102620 10/28/2005 LIFE ASSIST,INC. Accounts Payable Check 380.27
102621 10/28/2005 LOCATE PLUS CORPORATION Accounts Payable Check 59.00
102622 10/28/2005 GEORGE W.LUNA Accounts Payable Check 537.42
102623 10/28/2005 MANAGED HEALTH NETWORK,INC. Accounts Payable Check 284.35
102624 10/28/2005 ANNETTE MANIER Accounts Payable Check 25.39
102625 10/28/2005 MATT SCROGGINS CUSTOM PLASTER Accounts Payable Check 3,000.00
102626 10/28/2005 BECKY MAXWELL Accounts Payable Check 59.28
102627 10/28/2005 WADE MCKINNEY Accounts Payable Check 590.00
75
City of Atascadero
Disbursement Listing
For the Month of October 2005
Check Check
Number Date Vendor Description Amount
102628 10/28/2005 MICHAEL'S WINDOW CLEANING Accounts Payable Check 375.00
102629 10/28/2005 MICROGEAR,INC. Accounts Payable Check 1,722.41
102630 10/28/2005 MINER'S ACE HARDWARE Accounts Payable Check 417.74
102631 10/28/2005 MINER'S ACE HARDWARE Accounts Payable Check 12.85
102632 10/28/2005 MISSION UNIFORM SERVICE Accounts Payable Check 72.16
102633 10/28/2005 MORRO GROUP,INC. Accounts Payable Check 1,000.00
102634 10/28/2005 MICHAL S.MOSES Accounts Payable Check 1,445.92
102635 10/28/2005 MPI DOCUMENT MANAGEMENT Accounts Payable Check 72.21
102636 10/28/2005 DAVID MUEHLHAUSEN Accounts Payable Check 256.98
102637 10/28/2005 MUNIFINANCIAL Accounts Payable Check 8,200.43
102638 10/28/2005 TERRY O'FARRELL Accounts Payable Check 141.75
102639 10/28/2005 THOMAS P.O'MALLEY Accounts Payable Check 75.00
102640 10/28/2005 OFFICE DEPOT INC. Accounts Payable Check 1,697.02
102641 10/28/2005 OUTLET TOOL SUPPLY Accounts Payable Check 64.93
102642 10/28/2005 OUTLET TOOL SUPPLY Accounts Payable Check 6.90
102643 10/28/2005 BECKY J.PACAS Accounts Payable Check 75.00
102644 10/28/2005 PACIFIC GAS AND ELECTRIC Accounts Payable Check 3,571.#
102645 10/28/2005 PASO ROBLES WELDING Accounts Payable Check 304.5
102646 10/28/2005 KATHLEEN A.PENCE Accounts Payable Check 3,478.15
102647 10/28/2005 PERRY'S PARCEL SERVICE Accounts Payable Check 19.47
102648 10/28/2005 FIRE DEPARTMENT PETTY CASH Accounts Payable Check 111.62
102649 10/28/2005 PFEIFFER PARTNERS,INC. Accounts Payable Check 1,396.72
102650 10/28/2005 PHOTOGRAPHY 101 Accounts Payable Check 1,198.95
102651 10/28/2005 PITNEY BOWES PURCHASE POWER Accounts Payable Check 500.00
102652 10/28/2005 PJ'S TOP SHOP Accounts Payable Check 509.65
102653 10/28/2005 KAREN POLAND Accounts Payable Check 13.77
102654 10/28/2005 POOR RICHARD'S PRESS Accounts Payable Check 1,616.59
102655 10/28/2005 GRACE L.PUCCI Accounts Payable Check 847.50
102656 10/28/2005 QUICK CRETE PRODUCTS CORP. Accounts Payable Check 34.67
102657 10/28/2005 QUILL CORPORATION Accounts Payable Check 25.92
102658 10/28/2005 QUINN RENTAL SERVICES Accounts Payable Check 811.31
102659 10/28/2005 R&R PRODUCTS,INC. Accounts Payable Check 389.98
102660 10/28/2005 REBECCA AND ASSOCIATES Accounts Payable Check 23,012.91
102661 10/28/2005 RECOGNITION WORKS Accounts Payable Check 248.
102662 10/28/2005 RACHELLE RICKARD Accounts Payable Check 300jo
76
City of Atascadero
Disbursement Listing
For the Month of October 2005
*check Check
umber Date Vendor Description Amount
102663 10/28/2005 ROSSI TRANSPORT SERVICE Accounts Payable Check 772.20
102664 10/28/2005 RUSSCO Accounts Payable Check 1,110.04
102665 10/28/2005 SAN LUIS OBISPO CO OFF.OF EDU Accounts Payable Check 1,590.00
102666 10/28/2005 SANTA MARGARITA CONST. CORP. Accounts Payable Check 364.00
102667 10/28/2005 SANTA MARIA TIRE,INC. Accounts Payable Check 1,756.83
102668 10/28/2005 SBC Accounts Payable Check 403.37
102669 10/28/2005 SBC SMART YELLOW PAGES Accounts Payable Check 219.88
102670 10/28/2005 SBC/MCI Accounts Payable Check 539.03
102671 10/28/2005 WENDY SCALISE Accounts Payable Check 75.00
102672 10/28/2005 MICHELE SCHAMBER Accounts Payable Check 128.51
102673 10/28/2005 SCHIMM'S TREE SERVICE Accounts Payable Check 3,150.00
102674 10/28/2005 LISETTE SCHOLL Accounts Payable Check 168.00
102675 10/28/2005 SHELL Accounts Payable Check 73.28
102676 10/28/2005 SHERIFF'S ADVISORY COUNCIL Accounts Payable Check 160.00
102677 10/28/2005 SIGN OUTLET Accounts Payable Check 629.75
102678 10/28/2005 SMART AND FINAL Accounts Payable Check 253.21
0 102679 10/28/2005 SPECTRUM COLOR IMAGES Accounts Payable Check 669.88
102680 10/28/2005 SUNLIGHT JANITORIAL Accounts Payable Check 775.00
102681 10/28/2005 TAYLOR RENTAL Accounts Payable Check 678.25
102682 10/28/2005 TAYLOR RENTAL Accounts Payable Check 599.72
102683 10/28/2005 TEMPLETON UNIFORMS Accounts Payable Check 180.43
102684 10/28/2005 TRI-COUNTY OFFICE FURNITURE Accounts Payable Check 16,761.00
102685 10/28/2005 TRIBUNE Accounts Payable Check 617.36
102686 10/28/2005 TURF STAR,INC. Accounts Payable Check 42.27
102687 10/28/2005 UCSB ECONOMIC FORECAST PROJECT Accounts Payable Check 5,000.00
102688 10/28/2005 ULTREX BUSINESS PRODUCTS Accounts Payable Check 471.87
102689 10/28/2005 UNION ASPHALT,INC. Accounts Payable Check 18,808.41
102690 10/28/2005 UNITED STAFFING ASSOCIATES Accounts Payable Check 1,020.00
102691 10/28/2005 UPS Accounts Payable Check 56.18
102692 10/28/2005 URS CORPORATION Accounts Payable Check 3,005.62
102693 10/28/2005 RENE VASQUEZ Accounts Payable Check 520.00
102694 10/28/2005 VERIZON WIRELESS Accounts Payable Check 135.53
102695 10/28/2005 VIBORG SAND&GRAVEL,INC. Accounts Payable Check 69.25
102696 10/28/2005 VONS Accounts Payable Check 26.36
0102697 10/28/2005 WALLACE GROUP Accounts Payable Check 2,426.25
102698 10/28/2005 BRIAN WESTERMAN Accounts Payable Check 85.00
77
City of Atascadero
Disbursement Listing
For the Month of October 2005
Check Check
Number Date Vendor Description Amount
_*
102699 10/28/2005 WESTERN JANITOR SUPPLY Accounts Payable Check 88.97
102700 10/28/2005 THOMAS WHALEY Accounts Payable Check 216.79
102701 10/28/2005 SUSAN M.WILLIAMS Accounts Payable Check 14.26
102702 10/28/2005 WILSON LAND SURVEYS,INC. Accounts Payable Check 3,006.00
102703 10/28/2005 Z.A.P.MANUFACTURING,INC. Accounts Payable Check 1,172.88
$ 1,728,439.34
78
ITEM NUMBER: A-8
DATE: 01/10/06
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Atascadero City Council
Staff Report - Public Works Department
Final Map 2005-0113 (TPM 2004-0061)
7500 Navajoa Avenue (Parcel Map AT 04-0024)
(Higgins / Prewitt)
RECOMMENDATIONS:
Council•
1 . Accept Final Parcel Map 2005-0113 (Parcel Map AT 04-0024); and,
2. Authorize City Manager to enter Subdivision Improvement Agreement
with applicant.
DISCUSSION:
Tentative Parcel Map 2005-0069 / Parcel Map AT 04-0024 was approved by the City
Council on August 24, 2004. The map creates four single family lots on a RMF-10
(Residential Multiple Family) lot.
Pursuant to California Government Code Section 66440 the approving legislative body
(City Council) cannot deny a final map that is consistent with an approved tentative
map. The legislative body is also required to accept, accept subject to improvement, or
reject on behalf of the public, any real property offered for dedication for public use in
conformity with the terms of the offer of dedication. No offers of dedication have been
made on this map. Staff has determined that the Final Tract Map is consistent with
approved Tentative Parcel Map.
FISCAL IMPACT: None
ATTACHMENTS: Exhibit A: Final Map 2005-0113 (Parcel Map AT 04-0024)
79
ITEM NUMBER: A- 8
DATE: 01/10/06
Exhibit A
Final Map 2005-0113(Parcel Map AT 04-0024)
7500 Navajoa Avenue
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ITEM NUMBER: A- 9
DATE: 01/10/06
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Atascadero City Council
Staff Report - Public Works Department
Final Map 2005-0122 (TTM 2005-0069) (Tract 2749)
2000-2300 EI Camino Real Factory Outlets
(Levon Investments / Gearhart)
RECOMMENDATION:
Council accept Final Tract Map 2005-0122 (Tract 2749).
DISCUSSION:
Tentative Tract Map 2005-0069 / Tract 2749 was approved by the Planning
Commission on June 21, 2005. The approved tentative tract map establishes
commercial airspace condominiums on one common lot.
Pursuant to California Government Code Section 66440 the approving legislative body
(City Council) cannot deny a final map that is consistent with an approved tentative
map. The legislative body is also required to accept, accept subject to improvement, or
reject on behalf of the public, any real property offered for dedication for public use in
conformity with the terms of the offer of dedication. No offers of dedication have been
made on this map. Staff has determined that the Final Tract Map is consistent with
approved Tentative Tract Map.
FISCAL IMPACT: None
ATTACHMENTS: Exhibit A: Final Map 2005-0122 (Tract 2749)
81
ITEM NUMBER: A- 9
DATE: 01/10/06
Exhibit A
Final Map 2005-0122(Tract 2749)
2000-2300 E1 Camino Real-Factory Outlets
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ITEM NUMBER: B - 1
DATE: 01/10/06
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Atascadero City Council
Staff Report - Community Development Department
6910 Navajoa Ave
ZCH 2004-0087/CUP 2004-0133/TPM 2004-0056
(Vaughn and Young)
RECOMMENDATIONS:
Planning Commission Recommends: Council:
1. Adopt Draft Resolution A certifying Proposed Mitigated Negative Declaration
2005-0052; and,
2. Introduce for first reading, by title only, Draft Ordinance A approving Zone
Change 2004-0087 based on findings; and,
3. Adopt Draft Resolution B approving Conditional Use Permit 2004-0133 to
include the Master Plan of Development based on findings and subject to
Conditions of Approval and Mitigation Monitoring; and,
4. Adopt Draft Resolution C approving Tentative Parcel Map 2004-0056 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, and Tentative Parcel Map for the construction of four (4) detached single-family
dwellings to be developed under the requirements of the Planned Development #25
Overlay standards within the Residential Multi-Family (RMF-10) Zoning District.
83
ITEM NUMBER: B-1
DATE: 01/10/06
DISCUSSION:
Situation and Facts:
1. Applicant /Owners: Donald Vaughn, 605 Garcia Rd., Atascadero, CA
93422
Randy Young, P.O. Box 744, San Miguel, CA 93451
2. Project Address: 6910 Navajoa Avenue (APN 030-373-020) (San Luis Obispo
County).
3. General Plan Designation: MDR (Medium Density Residential, 10 units/ acre)
4. Zoning District: RMF-10 (Residential Multi-Family, 10 units/ acre)
5. Site Area: 0.49 acres (+/-)
6. Existing Use: Single-Family residence
7. Environmental Status: Proposed Mitigated Negative Declaration 2005-0052
Background
On November 1 , 2005, the Planning Commission held a public hearing for the proposed
project and recommended that the City Council approve the proposed project on a 6-0
vote.
Existing Setting:
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North: Residential Multi-Family-10
ProjectSite: 6910 East: Multi-Family Residential-16
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84
ITEMNUMBER: B- 1
DATE: 01/10/06
The subject site is approximately 0.49 net acres with a maximum density of five (5)
dwelling units, based on development standards. Development along Navajoa Avenue
largely consists of single-family residences on relatively small lots. As proposed, the
project would demolish one single-family residence and an accessory structure.
ANALYSIS:
The proposed site plan has been designed to meet the requirements of the Atascadero
Municipal Code, General Plan, and the Appearance Review Guidelines. The proposed
residences range in size between 1 ,440 square feet and 1,894 square feet, three (3) of
which are 2-story. The subject site is relatively flat and contains variety in vegetation.
Four (4) native Live Oak trees that range in size from 3-10 inches diameter at breast
height (dbh) are proposed for removal.
As a Planned Development, the City Council must find that the project provides high
quality architectural, landscape, and site design to warrant the granting of special
development standards.
Appearance Review
Site Plan, Parking, Circulation
The project is designed around a central parking court and includes the following site
design elements:
• Accent landscaping
• Decorative stamped concrete with concrete walkways to residences
• Garages are blocked from street view
• Units oriented to the Navajoa Street frontage
85
ITEM NUMBER: B - 1
DATE: 01/10/06
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Based on parking requirements, a minimum of eleven (11) parking spaces are required
on-site for the proposed residential units. Twelve (12) parking spaces are provided
throughout the project with two (2) covered spaces for each residential unit and one (1)
guest parking space provided on each lot. Access is provided off of Navajoa Avenue.
Architecture, Materials, and Color
The following design features have been incorporated into the project, compatible with
the surrounding neighborhood and in compliance with the standards for a Planned
Development:
• Varied elevations
• Material variety (stucco and wood siding)
• Traditional window design & transom window features
• Wood beams, decorative gable siding
• Varied rooflines
86
ITEM NUMBER: B - 1
DATE: 01/10/06
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According to the project arborist, existing onsite vegetation includes live oak, elm, apple,
cherry, plum, almond, and English walnut trees. Much of the existing vegetation will be
removed and replaced with ornamental trees. Proposed landscaping includes drought
tolerant shrubs and a combination of evergreen and deciduous trees.
Native Tree Mitigation/Preservation
A tree removal application for three (3) native Live Oak trees is included with the
proposed development. A condition of approval has been included requiring that the
applicant pay mitigation fees into the Tree Replacement Fund or provide equivalent re-
is plantings on site, as required by the Atascadero Native Tree Ordinance and as shown in
the chart provided below (Condition CUP 21).
87
ITEM NUMBER: B - 1
DATE: 01/10/06
Evergreen Native Trees(inches) Deciduous Native Trees(inches) Totals
dbh notes dbh notes
1 7-inches 1
2 8-inches 2
3 10-inches 3
4 4
5 5
6 6
Total 25-inches Total 0-inches 25-inches
Mitigation Requirement
req'd tree replacements: .8 five gal trees req'd tree replacements: 0 five gal trees 8 five gal trees
Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees
0 box trees(24") 0 box trees(24") 0 box trees(24")
Remaining Mitigation 8 five gal trees Remaining Mitigation 0 five gal trees 8 five gal trees
Tree Fund Payment: $ 416.67 Tree Fund Payment: $ $ 416.67
Site Drainage and Wastewater
The project is designed to connect with City sewer and the City storm drain system
located north of the project site along Navajoa Avenue.
Inclusionary and Workforce Housing
The City Council's interim inclusionary program requires the proposed project to either
provide one deed-restricted moderate-income unit for a 30-year period or pay an in-lieu
fee. A condition of approval has been added to ensure that this requirement is met
(CUP Condition 14 and TPM Condition 11).
According to the San Luis Obispo County Department of Planning & Building, a 3-
bedroom moderate unit qualifies if the sales price does not exceed $281,263 with a 30-
year deed restriction (numbers are subject to change).
Proiect Benefits
One of the required findings for approval of a Planned Development is that the project
must "offer certain redeeming features to compensate for the requested modification."
The table provided below outlines Council policy on Planned Development benefits. The
Planning Commission has found that the project offers all of the tier 1 benefits to qualify
for a Planned Development project.
88
ITEM NUMBER: B -1
DATE: 01/10/06
PD Location Tier 1 Benefits Tier 2 Benefits
Inside of Urban Core a) Affordable/Workforce Housing a) Pocket Parks in larger projects
b) High Quality Architectural Design b) Trails/Walkways for Pedestrian
c) High Quality Landscape Design Connectivity
d) Buffering between Urban and c) Historic Preservation
Suburban zones(large lot sizes,
increased setbacks, landscape
buffers,etc.)
e) Higher density to meet Housing
Element goals
Tentative Parcel Map
A 4-lot Tentative Parcel Map (TPM 2004-0056) is proposed as part of the project
consistent with the proposed Master Plan of Development and proposed PD-25 Overlay
Zone. The Parcel Map has been conditioned by staff to meet all City standards including
on-site and off-site improvements. The applicant will be required to record CC&Rs with
the map that will include maintenance and access of common areas (Condition CUP
19/TPM 10).
General Plan Consistency
The proposed project is consistent with the following General Plan Land Use and
Housing Element Policies:
Land Use Policy 1.1: "Preserve the rural atmosphere of the community and assure
"elbow room" in areas designed for lower density development by guiding new
development into the Urban Core to conform to the historic Colony land use patterns of
the City and to respect the natural environment, hillside area and existing
neighborhoods".
Land Use Program 1.1.7: "Within the Urban Core encourage infill development or
revitalization or reuse of land already committed to urban development where utilities
and public services exist.
Land Use Policy 2.1: "Ensure that new development is compatible with existing and
surrounding neighborhoods".
Housing Element Policy 4.3: "Encourage attractive architecture and site landscaping
that respect terrain and native trees
The proposed project is consistent with the goals and policies of the Land Use Element
and the Housing Element of the General Plan. The project will provide 4 detached
single-family residential units within the Medium-Density residential zone. As
89_
ITEM NUMBER: B- 1
DATE: 01/10/06
conditioned, the project incorporates elements that are consistent with the scale and
character of the surrounding residential neighborhood.
Findings
Planned Development Overlay
As specified in the City's General Plan and Zoning Ordinance, the following specific
findings for the proposed Zone Change shall be made in order to approve the proposed
project:
1. The proposed Zone Change is in conformance with the adopted General Plan
Goals, Policies, and Programs and the overall intent of the General Plan.
2. The proposed Zone Change is compatible with existing development,
neighborhoods and the environment.
3. The proposed Zone Change will not create any new significant and unavoidable
impacts to traffic, infrastructure, or public service impacts.
4. The proposed Zone Change is consistent with the project-specific Mitigated
Negative Declaration.
Conditional Use Permit (Master Plan of Development)
A Master Plan of Development is required for the Planned Development in the form of a
Conditional Use Permit. The proposed Master Plan of Development sets development
standards related to architectural design, site design, landscape, and specific
development standards required by the zoning ordinance. The Planning Commission
must make the following five findings to recommend approval of the proposed Master
Plan of Development:
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 General Commercial designation of
the General Plan and General Plan Land Use Element Policy 1 .1, 1.1.7, 2.1, and
Housing Element Policy 4.3.
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance) including the Planned Development Ordinance.
Staff Comment: As conditioned, the project satisfies all Conditional Use Permit and
Planned Development 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
90
ITEM NUMBER: B- 1
DATE: 01/10/06
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 development will not be detrimental to the
general public or person's 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 proposed project is compatible with the surrounding
neighborhood by providing a transition from multi-family land use with compact
single-family residential dwellings. The project has been designed to enhance the
appearance along Navajoa Avenue with compatible architecture and project
landscaping.
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 and as
proposed by the applicant.
Tree Removals
1. The tree is obstructing proposed improvements that cannot be reasonably
designed to avoid the need for tree removal, as certified by a report from the Site
Planner and determined by the Community Development Department based on
the following factors:
■ Early consultation with the City;
■ Consideration of practical design alternatives;
■ Provision of cost comparisons (from applicant) for practical design
alternatives;
■ If saving tree eliminates all reasonable uses of the property; or
■ If saving the tree requires the removal of more desirable trees.
Proposed Environmental Determination
A Draft Mitigated Negative Declaration was circulated to public agencies and interested
members of the public on October 13, 2005. The environmental analysis identified
concerns with aesthetics, air quality, biological resources, and noise. Mitigation
measures pertaining to these resources are included. A finding is proposed that this
91
ITEM NUMBER: B -1
DATE: 01/10/06
project would not have a significant effect on the environment based upon the
implementation of the identified mitigation measures.
Conclusion
Developing the property with a medium density detached single-family project is
consistent with the General Plan and compatible with the surrounding neighborhood.
The project incorporates appearance review of architectural design, materials, and
landscaping, and incorporates architectural themes into the site and building design, as
conditioned. Native trees have been preserved where feasible and required conditions
and mitigation measures have been incorporated into the project. As analyzed within
the project Initial Study and Draft Mitigated Negative Declaration, the proposed Master
Plan of Development would have no significant environmental impacts and will not be
detrimental to the general public or their health, safety, or welfare. Based on staff's
analysis in the preceding sections, it appears that all of the required findings for project
approval can be made.
FISCAL IMPACT:
Bused on findings from the Taussig Study, revenue from new residential development
including property tax revenues; vehicle licensing fees, sales taxes, and other revenues
are insufficient to cover the maintenance and emergency services costs of new
development. Based on the revenue projections from the Taussig Study, the City has
developed standard conditions of approval for new development projects that require
the cost of maintenance and emergency services to be funded by the project through a
combination of road assessment districts, landscape and lighting districts and
community facilities districts (CUP Condition 18 and 19 /TPM Condition 8 and 9).
ALTERNATIVES
1. The Council may make modifications to the project and/or conditions of
approval.
2. The Council may determine that more information is needed on some aspect
of the project and may refer the item back to the applicant and staff to
develop the additional information. The Council should clearly state the type
of information that is required and move to continue the item to a future date.
3. The Council may recommend the denial of the project. The parcel would
retain its designation of Residential Multi-family. The Council should specify
the reasons for denial of the project and recommend an associated finding
with such action.
92
ITEM NUMBER: B- 1
DATE: 01/10/06
ATTACHMENTS:
Attachment 1: Location, General Plan, and Zoning Map
Attachment 2: Arborist Report
Attachment 3: Proposed Mitigated Negative Declaration and Initial Study
Attachment 4: Draft Resolution A
Attachment 5: Draft Ordinance A
Attachment 6: Draft Resolution B
Attachment 7: Draft Resolution C
93
ITEM NUMBER: B -1
DATE: 01/10/06
Attachment 1: Location Map,General Plan and Zoning
a
Project Site: 6910 Navajoa Ave 1+(t t �` Z t
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94
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ITEM NUMBER: B -1
DATE: 01/10/06
Attachment 2: Arborist Report
ITEM NUMBER: B - 1
DATE: 01/10/06
Attachment 2: Arborist Report continued
IN -0
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•
•
ITEM NUMBER: B - 1
DATE: 01/10/06
Attachment 2: Arborist Report continued
97
ITEM NUMBER: B-1
DATE: 01/10/06
Attachment 3: Proposed Mitigated Negative Declaration and Initial Study
(See attached)
0
•
•
•
•
CITY OF ATASCADERO
COMMUNITY DEVELOPMENT DEPARTMENT
RECEIVED
OCT 1 3: 200
JULIE L. RODEWALD
count Cluk
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Depuy 11
CITY OF ATASCADERO
NOTICE OF INTENT TO ADOPT MITIGATED NEGATIVE
DECLARATION AND PLANNING COMMISSION PUBLIC HEARING
-IS.HEREBY GIVEN that _the _Atascadero _Planning Commission will be holding a
public hearing to consider the following project and environmental determination. The public is
encouraged to attend.
Applicant:
Donald Vaughn, 605 Garcia Road, Atascadero, CA 93422 805-239-5152
Project Title:
Zone Change 2004-0087, Conditional Use Permit 2004-0133; Tentative Parcel Map 2004-0056 for a
Hearing Date:
4 -lot Planned Development subdivision
Project
6910 Navajoa Avenue, Atascadero, CA 93422 (Single Family Residence)
Location:
(San Luis Obispo County) APN 054-032-044.
Project
The proposed project consists of an application for a Zone Change, Conditional Use Permit, and
Description:
Tentative Parcel Map for the construction of four new detached single-family homes on individual lots
Determination:
that will be developed under the requirements of the Planned Development overlay district standards
within the Residential Multi -Family (RMF -10) zoning district. The proposed residences range in size
between 1,440 square feet and 1,894 square feet. The project includes one home per lot each with a
two -car .garage and one parking space in each driveway. A seven (7) inch live oak is proposed for
removal
General Plan Designation: Medium Density Residential — MDR
Zoning District: Residential Multiple Family —RMF -10
Environmental
Begins: October 13, 2005
Review Dates:
Ends: November 1, 2005
Hearing Date:
November 1, 2005
Hearing
Atascadero Lake Pavilion, 7:00 p.m.
Location:
9315 Pismo Ave, Atascadero, CA 93422
Proposed
Based on the initial study prepared for the project, a Mitigated Negative Declaration
Environmental
is proposed. The proposed Mitigated Negative Declaration is available for public
Determination:
review from 10/13/05 through 11/01/05 at 6905 EI Camino Real, Suite 6, Community
Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday.
Any interested persn may review the proposed Mitigated Negative Declaration and projectfiles. Questions should
he dir ed to Li Wilkinson, Assistant Planner at 461-5000.
S ven G. McHarris, eputy Community Development Director D6
.Fife: ZCH 2004.0087 Nmj- A-iSNOM.dm Prim Dm: 10/13N5330 PM
6905 EL CAMINO REAL, SUITE 6 • ATASCADERO, CALIFORNIA 93422 • (805) 461-5000 • FAX 461-7612
CITY OF ATAS CADER O
PROPOSED MITIGATED
NEGATIVE DECLARATION #2005-0052
6905 El Camino Real, Suite 6 Atascadero, CA 93422 805/461-5000
Applicant: Donald Vaughn, 605 Garcia Road, Atascadero, CA 93422 805-239-5152
Project Title: Zone Change 2004-0087, Conditional Use Permit 2004-0133; Tentative Parcel Map 2004-0056 for a
4 -lot Planned Development subdivision
Project 6910 Navajoa Avenue, Atascadero, CA 93422 (Single Family Residence)
Location: (San Luis Obispo County) APN 054-032-044.
Project The proposed project consists of an application for a Zone Change, Conditional Use Permit, and
Description: Tentative Parcel Map for the construction of four new detached single-family homes on individual lots
that will be developed under the requirements of the Planned Development overlay district standards
within the Residential Multi -Family (RMF -10) zoning district. The proposed residences range in size
between 1,440 square feet and 1,894 square feet. The project includes one home per lot each with a
two -car garage and one parking space in each driveway. A seven (7) inch live oak is proposed for
removal.
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.
5.
Determination:
Based on the above findings, and the information contained in the initial study 2005-0052 (made apart 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:
Lisa Wilkinson, Assistant Planner
Date Posted:
October 13, 2005
Public Review Ends:
November 1, 2005
Attachments:
- Location / Zoning Map
- Site Plan
- Elevations
- Grading and Drainage Plan
- Landscape Plan
- Tree Protection Plan
_ Fik: ZCH 7004-0087 Nm* Av 19,M -d. Print D.¢: 10113/057
00 6905 EL CAMINO REAL, SUITE 6 9 ATASCADERO, CALIFORNIA 93422 0 (805) 461-5000 • FAX 461-7612
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•
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11
CITY OF ATASCADERO
INITIAL STUDY
ENVIRONMENTAL CHECKLIST FORM
Environmental Review 2005-0052
Applicant:
Donald Vaughn, 605 Garcia Road, Atascadero, CA 93422 805-239-5152
Project Title:
Zone Change 2004-0087, Conditional Use Permit 2004-0133; Tentative Parcel Map 2004-0056 for a
Contact Person and
4 -lot Planned Development subdivision
Project
6910 Navajoa Avenue, Atascadero, CA 93422 (Single Family Residence)
Location:
(San Luis Obispo County) APN 054-032-044.
Project
The proposed project consists of an application for a Zone Change, Conditional Use Permit, and
Description-
Tentative Parcel Map for the construction of four new detached single-family homes on individual lots
Designation:
that will be developed under the requirements of the Planned Development overlay district standards
Zoning:
within the Residential Multi -Family (RMF -10) zoning district. The proposed residences range in size
Surrounding Land
between 1,440 square feet and 1,894 square feet. The project includes one home per lot each with a
Uses and Setting:
two -car garage and one parking space in each driveway. A seven (7) inch live oak is proposed for
removal.
General Plan Designation: Medium Density Residential — MDR
Zoning District: Residential Multiple Family — RMF -10
Lead Agency Name
City of Atascadero
and Address:
6905 El Camino Real, Suite 6, Atascadero, CA 93422
Contact Person and
Lisa Wilkinson, Assistant Planner
Phone Number:
City of Atascadero
6905 El Camino Real, Suite 6
Atascadero; CA 93422
General Plan
MDR (Medium -Density Residential, 10 units/acre)
Designation:
Zoning:
RMF -10 (Residential Multiple Family, 10 units/acre)
Surrounding Land
North: Multi -Family Residential -10
Uses and Setting:
South: Multi -Family Residential -l0
West: Limited Single-family Residential- X
East: Multi -Family Residential -16
Other public
None
agencies whose
approval is required
(e.g., permits, financing
approval, or participation
agreement)
1 01 0/1 310 5
ZCH 2004-0087 Navajoa AveASMNO.doc
101
Attachment 1
Location / Zoning Map
6910 Navajoa Ave
Atascadero, CA
CITY OFATASCADERD
INITIAL STUDY
Current General plan Designation: Medium Density Residential
Current Zoning District: Residential Multi -family 10
Proposed General Plan Designation: Medium Density Residential
Proposed Zoning District: Residential Multi -family — 101 Planned
Development Overlay 25
ZCH 2004-0067 Navajoa Ave.ISMND.doc
•
•
0
Attachment 2
Site Plan
CITY OF ATASCADERO
INITIAL STUDY
103
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1010/13/05
ZCH 2004-0087 Navajoa Ave.ISMND.doc
103
Attachment 3
Elevations
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CITY ®FATASCAIDERO
INITIAL STUDY
11
MIS
1010/13/05 ZCH 2004-0087 Navajoa Ave.ISMND.doc
104
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1010113105
Attachment 3
Elevations
ZI
CITY OFATASCADERO
INITIAL STUDY
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ZCH 2004-0087 Navajoa Ave.ISMND.doc
105
.... . ......
1010113/05
106
C17T OF ATASCADERG
rNITIAL STUDY
Attachment 4
Grading and Drainage Plan
tl T-
P.
ZCH 2004-0087 Navajoa Ave.ISMND,doc
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I ..
II'�L'fTtvS7� �,
kc;nl�E
Attachment 5
Landscape Pian
CITY OFATASCADERO
INITIAL STUDY
1010/13/05
ZCH 2004-0087 Navajoa Ave.ISMND.doc
107
CITY OF ATASCAIDIERO
INITIAL STUDY
Attachment 6
Tree Protection Plan
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1010113/05
108
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ZCH 2004-0087 Navajoa Ave.ISMND.doc
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E[r:hia64 „
CITY OF ATASCADERO
INITIAL STUDY
Exhibit A
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
BP: Building Permit
BS: Building SaRnDeS
T0: Temporary
FD: Fire Departrnent
Occupancy
PD: Police Department
69 Nava)oa Avenue
Ft Finalinspection
CE: CityEngmeer
F0: Final
Occupancy
WW Wastewater
Ch City Athxney
ZCH 20040087, CUP 20040133, TPM 20040056
AMC: Water Camp.
Mitigation Measure 1.c.1: The shared driveway shall be of a decorative nature
BP
PS
1.c.1
to minimize the visual impact of the paved area.
Mitigation Measure 1.d.1: Exterior lighting shall be limited to wall mounted
BP
PS
building lighting only. All exterior lighting shall be designed to eliminate any off
site glare and shall utilize full cut-off, "hooded" lighting fixtures to prevent
offsite light spillage and glare. Fixtures shall be shield cut-off type and
compatible with historic setting, subject to staff approval.
Mitigation Measure 3.b.1: The project shall be conditioned to comply with all
BP
BS
3.b.1
applicable District regulations pertaining to the control of fugitive dust (PM-) as
contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook.
• Asbestos has been identified by the state Air Resources Board as
a toxic air contaminant. Serpentine and ultramafic rocks are very
common in the state and may contain naturally occurring asbestos.
Under the State Air Resources Board Air Toxics Control Measure
(ATCM) for Construction, Grading, Quarrying, and Surface Mining
Operations, prior to grading activities at the site, the project
proponent shall ensure that a geologic evaluation is conducted to
determine if naturally occurring asbestos is present within the area
that will be disturbed. If Naturally Occurring Asbestos (NOA) is
found at the site the applicant must comply with all requirements
outlined in the Asbestos ATCM for Construction, Grading,
Quarrying, and Surface Mining Operations. . If NOA is not present,
an exemption request must be filed with the District. If NOA is
found at the site the applicant must comply with all requirements
outlined in the Asbestos ATCM. This may include development of
an Asbestos Dust Mitigation Plan and an Asbestos Health and
Safety Program for approval by the APCD. Should Naturally
Occurring Asbestos be identified within the area of construction,
and the worked area will be less than or equal to one acre, then the
dust control measures identified below are required. If the
disturbed area is greater than one acre, additional requirements
may include but are not limited to 1) an Asbestos Dust Mitigation
Plan which must be approved by the District before construction
begins, and 2) an Asbestos Health and Safety Program will also be
required for some projects.
• Dust Control Measures for Construction and Grading Operation
Projects One Acre or Less: No person shall engage in any
construction or grading operation on property where the area to be
disturbed is one (1.0) acre or less unless all of the following dust
mitigation measures are initiated at the start and maintained
throughout the duration of the construction or grading activity:
(A) Construction vehicle speed at the work site must be limited to
fifteen (15) miles per hour or less;
1010113/05
ZCH 2004-0087 Navajoa Ave.ISMND.doc
109
n CITY OF ATASCADERO
INITIAL STUDY
Exhibit A Timing Responsibility Mitigation
/Monitoring Measure
Mitigation Monitoring Program
GP: Grading Perrot PS: Planning Services
BP: Building Permit BS: Building Services
TO: Temporary F0: Fine Department
Occupancy PD: Police Depann ent
69 Navajoa Avenue. FI: Final inspection CE: Wazngin
FO Final
Occupancy CA C4 Amey
AKWC: Water Comp.
ZCH 2004-0087, CUP 2004-0133, TPM 2004-0056
(B) Prior to any ground disturbance, sufficient water must be
applied to the area to be disturbed to prevent visible emissions
from crossing the property line;
(C) Areas to be graded or excavated must be kept adequately
wetted to prevent visible emissions from crossing the property
line;
(D) Storage piles must be kept adequately wetted, treated with a
chemical dust suppressant, or covered when material is not
being added to or removed from the pile;
(E) Equipment must be washed down before moving from the
property onto a paved public road; and
(F) Visible track -out on the paved public road must be cleaned
using wet sweeping or a HEPA filter equipped vacuum device
within twenty-four (24) hours.
Mitigation Measure 4.6.1: The Grading Plan shall identify tree protection GP PS 4.e.1
fencing around the dripline of each existing on-site or off-site native tree within
20 feet of construction activity.
Mitigation Measure 4.e.2: Grading and excavation and grading work shall be GP PS 4.e.2
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.3: An arborists report shall be required prior to project GP PS 4.e.3
implementation. The report shall identify each native tree proposed for
removal and each tree within the project area subject to potential impact. The
report shall provide recommendations for tree pruning, tree protection of
existing native trees to remain, and identify native tree impactireplacement
mitigation per the Atascadero Municipal Code Section 9-11.5.
1 01 011310 5 ZCH 2004-0087 Navajoa Ave.ISMND.doc
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CITY OFATASCADERO
INITIAL STUDY
Exhibit A
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Senrk
BP. Building Permit
BS: Building S8—
TO: Temporary
FD: Fire Department
Occupancy
P0: Police Depament
69 Navajoa Avenue
Fl: Finalinspe=n
CE: CdyEngineer
F0: Final
WW: Wastewater
Occupancy
CA City Amey
ZCH 2004-0087, CUP 2004-0133, TPM 2004-0056
M WC: Water cord.
Mitigation Measure 6.b: The grading permit application plans shall include
GP
CE
6.b
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.
Mitiqation Measure 6.c.d: A soils report shall be required to be submitted with
GP
BS
6.c.d
a future building permit by the building department. The building plans will be
required to follow the recommendations of the soils report to assure safety for
residents and buildings.
Mitigation Measure 8.e.f: The developer is responsible for ensuring that all
BP
CE
8.e.f
contractors are aware of all storm water quality measures and that such
measures are implemented. Failure to comply with the approved construction
Best Management Practices will result in the issuance of correction notices,
citations, or stop work orders.
Mitigation Measure 11.d: All construction activities shall comply with the City
Ongoing
BSIPS
11.d
of Atascadero Noise Ordinance for hours of operation.
Construction activities shall be limited to the following hours of operation:
• 7 a.m. to 7 p.m. Monday through Friday
• 9 a.m. to 6 p.m. Saturday
• No construction on Sunday
Further, particularly loud noises shall not occur before 8 a.m. on weekdays
and not at all on weekends.
The hours of construction may be modified by the Community Development
Director upon a determination that unusually loud construction activities are
having a significant impact on the neighbors.
Failure to comply with the above-described hours of operation may result in
withholding of inspections and possible construction prohibitions, subject to
the review and approval of the Community Development Director.
A sign shall be posted on-site with the hours of operation and a telephone
number of the person to be contacted in the event of any violations. The
details of such a sign shall be approved by staff during the Grading
Plan/Building Permit review process.
1010113/05
ZCH 2O04-0087 Navajoa Ave.ISMND.doc .
CITY OF ATASCAIDERG
INITIAL 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
❑ Biological Resources
❑Hazards
&Hazardous
Materials
❑
Mineral Resources
❑
Public Services
Utilities / Service Systems
❑
❑ Agriculture Resources
❑ Cultural Resources
❑ Air Quality
❑ Geology /Soils
❑ Hydrology / Water Quality ❑ Land Use / Planning
❑ Noise
On the basis of this initial evaluation:
❑ Recreation
❑ Population / Housing
❑ Transportation/Traffic
❑ Mandatory Findings of Significance
❑ 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
based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT
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.
� 1�—,
Lisa Wilkinson
Assistant Planner
1010/13/05
112
ZCH 2004-0087 Navajoa AveASM AOC
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EVALUATION OF ENVIRONMENTAL IMPACTS:
CITY OFATASCADERO
INITIAL STUDY
I ) 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 should be 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.
1010/13/05
ZCH 2004-0087 Navajoa AveASMND.doc
113
CITY OF ATASCADERO
INITIAL STUDY
Initial Stud 2005-0052
Study
ZCH 2004-0087, CUP 2004-0133, TPM 2004-0056
6910 Navajoa Ave.
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
1. AESTHETICS —Would the project:
a) Have a substantial adverse effect on a scenic vista?
b) Substantially damage scenic resources, including, but not
Z
limited to, trees, rock outcroppings, and historic buildings
within a state scenic highway?
c) Substantially degrade the existing visual character or
quality of the site and its surroundings?
d) Create a new.source of substantial light or glare that
E
would adversely affect day or nighttime views in the area?
SOURCES: Project Description
DISCUSSION: The project site is not located within a scenic vista. The site is within the City's multiple -family
residential zoning district, bounded on all sides by existing residential uses. Project conditions will require any lighting
at the site to be designed to eliminate off site glare. The proposed landscape plan and architectural features for the
project will produce no negative impact.
The surrounding neighborhood is developed with single-family homes. The following mitigation measures are included
to ensure neighborhood compatibility and enhancement.
Mitigation Measure 1.c.1: The shared driveway shall be of a decorative nature to minimize the visual impact of the
paved area.
Mitigation Measure 1.d.1: Exterior lighting shall be limited to wall mounted building fighting only. All exterior lighting
shall be designed to eliminate any off site glare and shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite
light spillage and glare. Fixtures shall be shield cut-off type and compatible with historic setting, subject to staff
approval.
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
177
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,
due to their location or nature, could result in conversion of
Farmland, to non-agricultural use?
SOURCES: Land Use Element EIR.
Page 14
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ZCH2O04-0087NavejoaAve.ISMND.doc
•
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Initial Study 2005-0052
ZCH 2004-0087, CUP 2004-0133, TPM 2004-0056
6910 Navajoa Ave.
CITY OFATASCADERO
INITIAL STUDY
Potentially Less Than Less Than No
Significant Significant with Significant Impact
Impact Mitigation Impact
Incorporation
DISCUSSION
2a. 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.
2b. The property is not under a Williamson Act contract.
2c. The project will not result in the conversion of farmland to non-agricultural uses.
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
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 -
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
1771
concentrations?
e) Create objectionable odors affecting a substantial number
of people?
SOURCES: Air Pollution Control District (APCD) CEQA Air Quality Handbook, Project Description; Tentative Parcel
Map/Site Plan/Grading Plan.
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 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-) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook.
Asbestos has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and
ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State
Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface
Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic
evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be
disturbed. If Naturally Occurring Asbestos (NOA) is found at the site the applicant must comply with all
requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining
Operations. . If NOA is not present, an exemption request must be filed with the District. If NOA is found at
the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include
1010113105 Page 15 ZCH2O04-0087NavajoaAve.ISMND.doc
115
P�tto�oon�l
,i
Initial Study 2005-0052
ZCH 2004-0087, CUP 2004-0133, TPM 2004-0056
6910 Navajoa Ave.
CITY OFATASCADERO
INITIAL STUDY
Potentially Less Than Less Than No
Significant Significant with Significant Impact
Impact Mitigation Impact
Incorporation
development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by
the APCD. Should Naturally Occurring Asbestos be identified within the area of construction, and the worked
area will be less than or equal to one acre, then the dust control measures identified below are required. If the
disturbed area is greater than one acre, additional requirements may include. but are not limited to 1) an
Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2) an
Asbestos Health and Safety Program will also be required for some projects.
■ Dust Control Measures for Construction and Grading Operation Projects One Acre or Less: No person shall
engage in any construction or grading operation on property where the area to be disturbed is one (1.0) acre or
less unless all of the following dust mitigation measures are initiated at the start and maintained throughout the
duration of the construction or grading activity:
(A) Construction vehicle speed at the work site must be limited to fifteen
(15) miles per hour or less;
(B) Prior to any ground disturbance, sufficient water must be applied to
the area to be disturbed to prevent visible emissions from crossing the
property line;
(C) Areas to be graded or excavated must be kept adequately wetted to
prevent visible emissions from crossing the property line;
(D) Storage piles must be kept adequately wetted, treated with a chemical
dust suppressant, or covered when material is not being added to or removed
from the pile;
(E) Equipment must be washed down before moving from the property onto a
paved public road; and
(F) Visible track -out on the paved public road must be cleaned using wet
sweeping or a HEPA filter equipped vacuum device within twenty-four (24)
hours.
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 pians, 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 ❑
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?
d) Interfere substantially with the movement of any native
❑ ❑
1010113/05 Page 16 ZCH2O04-0087NavajoaAve.ISMND.doc
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CITY OF ATASCADERO
INITIAL STUDY
Initial Study 2005-0052 Potentially Less Than Less Than No
Significant Significant with Significant Impact
ZCH 2004-0087, CUP 2004-0133, TPM 2004-0056 Impact Mitigation Impact
6910 Navajoa Ave. incorporation
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 ❑ ❑El❑
biological resources, such as a tree preservation policy or
ordinance?
f) Conflict with the provisions of an adopted Habitat ❑ ❑17
Conservation Plan, Natural Community Conservation Plan,
or other approved local, regional, or state habitat
conservation plan?
SOURCES: Project Description; Project Plans; 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 site is located adjacent to other residential developments and near Highway 41; continuity for migratory
corridors does not currently exist.
4e.f. The proposed project will not conflict with local policies or ordinances protecting biological resources nor will it
conflict with any conservation plans. There will be some impacts to native trees onsite and one seven (7) inch Live
.Oak tree is proposed for removal. However, the presence of Native trees on and adjacent to the project site will
require appropriate mitigation per Atascadero Native Tree Ordinance standards and guidelines.
Mitigation Measure 4.e.1: The Grading Plan shall identify tree protection fencing around the dripline of each existing
on-site or off-site native tree within 20 feet of construction activity.
Mitigation Measure 4.e.2: Grading and excavation and grading work shall be consistent with the City of Atascadero
Tree Ordinance. Special precautions when working around native trees include:
7. All existing trees outside of the limits of work shall remain.
8. Earthwork shall not exceed the limits of the project area.
9. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being
done.
10. Vehicles and stockpiled material shall be stored outside the dripline of all trees.
11. 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.
12. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved
tree seal.
Mitigation Measure 4.e.3: An arborists report shall be required prior to project implementation. The report shall
identify each native tree proposed for removal and each tree within the project area subject to potential impact. The
report shall provide recommendations for tree pruning, tree protection of existing native trees to remain, and identify
native tree impact/replacement mitigation per the Atascadero Municipal Code Section 9-11.5.
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 '15064.5?
1010/13105
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❑171
❑
❑
❑ ❑
ZCH 2004-0087 Navajoa Ave.ISAAND.doc
117
l!aamv�,.
Initial Study 2005-0052
ZCH 2004-0087, CUP 2004-0133, TPM 2004-0056
6910 Navajoa Ave.
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.
CITY OF ATASCADERC
INITIAL STUDY
Less Than No
❑
Potentially Less Than
❑
Significant Significant with Significant Impact
❑
Impact Mitigation Impact
❑
Incorporation
❑
DISCUSSION:
5.a.b.c. There are no known historical, archeological, or paleontological resources that exist on the project site. The
neighborhood is currently developed with single-family developments. The proposed project will not significantly alter
the setting of the existing neighborhood.
5.d. No known human remains have been found or documented in the vicinity of the project.
16. GEOLOGY AND SOILS -- Would the project:
a) Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or death
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?
iii) Seismic -related ground failure, including
liquefaction?
iv) Landslides?
b) Result in substantial soil erosion or the loss of topsoil?'
❑
❑
L_\1
❑
❑
❑
❑
❑
DISCUSSION:
5.a.b.c. There are no known historical, archeological, or paleontological resources that exist on the project site. The
neighborhood is currently developed with single-family developments. The proposed project will not significantly alter
the setting of the existing neighborhood.
5.d. No known human remains have been found or documented in the vicinity of the project.
16. GEOLOGY AND SOILS -- Would the project:
a) Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or death
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?
iii) Seismic -related ground failure, including
liquefaction?
iv) Landslides?
b) Result in substantial soil erosion or the loss of topsoil?'
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d) Be located on expansive soil, as defined in Table 18-1-B
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of the Uniform Building Code (1994), creating substantial
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❑
c) Be located on a geologic unit or soil that is unstable, or❑
❑ ❑ LJ
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
wastewater?
SOURCES: Project Description -Photos; Land Use Element EIR, Project Description; Tentative Parcel Map/Grading
Plan /Site Plan.
DISCUSSION:
6.a. The San Andreas Fault, located approximately 26 miles northeast of the site, dominates both the structure and
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•
Initial Study 2005-0052
ZCH 2004-0087, CUP 2004-0133, TPM 2004-0056
6910 Navajoa Ave.
CITY OFATASCADERO
INITIAL STUDY
Potentially Less Than Less Than No
Significant Significant with Significant Impact
Impact Mitigation Impact
Incorporation
seismicity of this region. Other faults reflecting a closer source also have a significant potential to generate
earthquakes and strong ground shaking at the project site. These faults include: (1) the offshore group, including the
Hosgri and Santa Lucia (Purisma and Lompoc) faults; (2) the Los Osos and San Luis Range faults. in addition, the
Rinconada and Oceanic faults may be active or potentially active and pose a significant potential to generate
earthquakes.
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. The property contains no unusual geological formations.
6.e. Project will not require septic systems.
Mitigation Measure 6.b: 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.
Mitioation Measure 6.c.d: A soils report shall be required to be submitted with a future building permit by the building
department. The building plans will be required to follow the recommendations of the soils report to assure safety for
residents and buildings.
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
F1
F�
11
ZLj
environment through reasonably foreseeable upset and
accident conditions involving the release of hazardous
materials into the environment?
c) Emit hazardous emissions or handle hazardous or acutely
17
LLI
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
F7
7
[7.
17
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
17
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?
h) Expose people or structures to a significant risk of loss,
injury or death involving wildland fires, including where
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Ave.ISMND.doc
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Initial Study 2005-0052
ZCH 2004-0087, CUP 2004-0133, TPM 2004-0056
6910 Navajoa Ave.
CITY OF ATASCADER0
INITIAL STUDY
Potentiaiiy Less Than Less Than No
Significant Significantwith Significant Impact
impact Mitigation Impact
Incorporation
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 will determine if
the residences will have fire sprinklers during review of the building permit.
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
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
stream or river, in a manner which would result in
substantial erosion or siltation on- or off-site?
d) Substantially alter the existing drainage patter 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 0 -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 0 -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
result of the failure of a levee or dam?
j) inundation by seiche, tsunami, or mudflow?
❑
❑
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❑rZ
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®
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ISI
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CITY OFATASCADER0
INITIAL STUDY
Initial Study 2005-0052
Potentially
Less Than Less Than
b) Conflict with any applicable land use plan, policy, or
❑
No
ZCH 2004-0087, CUP 2004-0133, TPM 2004-0056
Significant
Impact
Significant with Significant Impact
Mitigation impact
6910 Navajoa Ave.
Incorporation
purpose of avoiding or mitigating an environmental effect?
❑
❑ ❑LLNJ
SOURCES: Project description, Flood Insurance Rate Map 060700 0004 B (1/20/82); Preliminary Grading and
Landscape Plans, Schneidereit.
❑ ❑
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. All roof drains outletting on the north/west sides of unit 3 and the west side of unit
4 are to be piped directly into the storm drain system.
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: 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?El❑
❑ VN
b) Conflict with any applicable land use plan, policy, or
❑
❑ ® ❑
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 or
natural community conservation pian?
❑
❑ ❑
SOURCES: Land Use Element, Circulation Element, project description, Land Use Element EIR; Project Plans, Site
visit.
DISCUSSION:
9.a. The project will not physically divide an established community
9.b. The General Plan and Zoning Ordinance identifies the project site, along with adjacent properties to the north,
south, and east as Medium and High -Density Residential with a maximum density of 10-16 units per acre. Properties
to the west are designated as Single-family residential. The project site is multi -family residential zoning and the
proposed development is consistent with the General Plan.
As proposed, the zoning ordinance allows the establishment of a Planned Development Overlay zoning district to
allow for smaller lot sizes in exchange for benefits derived from the proposed development.
9.c. The project is consistent with the open space and conservation policies identified in the General Plan.
10. MINERAL RESOURCES — Would the project: I
a) Result in the loss of availability of a known mineral
resource that would be of value to the region and the
residents of the state?
'10'10lt3J05
❑ ❑ ❑ ❑
Page 21 ZCH2O04-0087NavajoaAve. ISMND.doc
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CITY OFATASCADERO
INITIAL STUDY
Initial Study 2005-0052
Potentia0y
Less Than
Less Than No
Impact
Significant
Significantwith
Significant
ZCH 2004-0087, CUP 2004-0133, TPM 2004-0056
Impact
Mitigation
Impact
6910 Navajoa Ave.
Incorporation
b) Exposure of persons to or generation of excessive
b) Result in the loss of availability of a locally -important
VN
mineral resource recovery site delineated on a local general
plan, specific plan or other land use plan?
c) A substantial permanent increase in ambient noise levels
SOURCES: Project Description.
in the project vicinity above levels existing,without the
DISCUSSION:
project?
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:
a) Exposure of persons to or generation of noise levels in
El
E
excess of standards established in the local general plan or
noise ordinance, or applicable standards of other agencies?
b) Exposure of persons to or generation of excessive
17
ground-bome vibration or ground -borne 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) Fora 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
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.
Construction activities shall be limited to the following hours of operation:
• 7 a.m. to 7 p.m. Monday through Friday
• 9 a.m. to 6 p.m. Saturday
• No construction on Sunday
Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends.
The hours of construction may be modified by the Community Development Director upon a determination that
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CITY OFATASCADERO
INITIAL STUDY
Initial Study 2005-0052 Potentially Less Than Less Than No
Significant Significant with Significant Impact
ZCH 2004-0087, CUP 2004-0133, TPM 2004-0056 Impact Mitigation Impact
6910 Navajoa Ave. Incorporation
unusually loud construction activities are having a significant impact on the neighbors.
Failure to comply with the above-described hours of operation may result in withholding of inspections and possible
construction prohibitions, subject to the review and approval of the Community Development Director.
A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in
the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building
Permit review process.
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, 177
necessitating the construction of replacement housing
elsewhere?
c) Displace substantial numbers of people, necessitating the
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 5 residential units.
The project proposes four new units. 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. One existing residence will be demolished to allow for the construction of the proposed four residences.
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? 7
7
Police protection? ❑
❑
❑
Schools? 0
❑
❑
Parks? ❑
❑
❑
Other public facilities?
❑
❑
1010113105 Page 23
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CITY OFATASCADERO
.� INITIAL STUDY
Initial Study 2005-0052 Potentially Less Than Less Than No 10
Significant Significant with Significant Impact
ZCH 2004-0087, CUP 2004-0133, TPM 2004-0056 Impact Mitigation Impact
Incorporation
6910 Navajoa Ave.
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 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. The project does provide a small gathering open space
area for the private enjoyment of development residents.
14.b. The project does not involve construction of recreational facilities.
15. TRANSPORTATIONlTRAFFIC —Would the project:
a) Cause an increase in traffic that is substantial in relation
to the existing traffic load and capacity of the street system
(i.e., result in a substantial increase in either the number of
1010113105 Page 24 ZCH 2004.0087 Navajoa Ave.ISNIND.doc
124 _.
." CITY OF ATASCADERO
INITIAL STUDY
Potentially Initial Study 2005-0052 y Less Than Less Than No
Significant Significantwith Significant Impact
ZCH 2004-0087, CUP 2004-0133, TPM 2004-0056 Impact Mitigation Impact
6910 Navajoa Ave. Incorporation
vehicle trips, the volume to capacity ratio on roads, or
congestion at intersections)?
b) Exceed, either individually or cumulatively, a level of 1771
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 E ❑
an increase in traffic levels or a change in location that
results in substantial safety risks?
d) Substantially increase hazards due to a design feature
(e.g., sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
.applicable Regional Water Quality Control Board?
e) Result in inadequate emergency access? ❑ ❑
❑1771
f) Result in inadequate parking capacity? 7
71
g) Conflict with adopted policies, plans, or programs
17
supporting alternative transportation (e.g., bus turnouts,
wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause significant
bicycle racks)?
SOURCES: Land Use Element, Circulation Element; Project Plans.
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 Navajoa Ave.
drainage facilities or expansion of existing facilities, the
15.e. The project will have adequate emergency access from Navajoa Ave into the project site.
15.f. Adequate parking will be provided on-site for the future residential uses.
15.g. The project is consistent with the area circulation and per the General Plan. The applicant shall provide
standard street frontage improvements along the 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
.applicable Regional Water Quality Control Board?
b) Require or result in the construction of new water or
17
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
17
project from existing entitlements and resources, or are new
or expanded entitlements needed?
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Initial Study 2005-0052
ZCH 2004-0087, CUP 2004-0133, TPM 2004-0056
6910 Navajoa Ave.
e) Result in a determination by the wastewater treatment
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
accommodate the project's solid waste disposal needs?
Potentially
Significant
Impact
g) Comply with federal, state, and local statutes and ❑
regulations related to solid waste?
• SOURCES: Project description, Land Use Element (LUE) EIR; Project
DISCUSSION:
CITY OFATASCADERD
INITIAL STUDY
Less Than
Less Than
No
Significantwith
Significant
impact
Mitigation
impact
Incorporation
a
cans, Schneiderieit.
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 ofthe.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 connection with City storm drain 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 VN
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 ❑ ❑ 77❑
cause substantial adverse effects on human beings, either
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6910 Navajoa Ave.
directly or indirectly?
CITY OF ATASCADERO
INITIAL STUDY
Potentially Less Than Less Than No
Significant Significantwith Significant Impact
Impact Mitigation Impact
Incorporation
DISCUSSION: The project site is comprised of four residential parcels developed with four residential units. The
proposed project is consistent with the requirements for the establishment of a planned Development Zoning District.
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.
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, 1998 draft
Flood Insurance Rate Map, community -panel number 060700 0003 B, Federal Emergency Management Agency,
January 20, 1982
Trip Generation, Institute of Traffic Engineers
U.S. Secretary of the lnterior's Standards for Rehabilitation of Historic Buildings
PROJECT -SPECIFIC SOURCES:
Project description includes the following:
■ Tentative Parcel Map, Schneiderieit
■ Site Plan, Grading and Drainage Plan, Schneiderieit
■ Floor Plans & Elevations, Color and materials Board, Schneiderieit
• Preliminary Landscape Plan, Schneiderieit
• Tree Protection, Arbor First
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ITEM NUMBER: B -1
DATE: 01/10/06
ATTACHMENT 4: Draft Resolution A
Approval of Draft Mitigated Negative Declaration
DRAFT RESOLUTION A
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADER09 CALIFORNIA, CERTIFYING
PROPOSED MITIGATED NEGATIVE DECLARATION 2005-0052
PREPARED FOR ZONE CHANGE 2004-00879 TENTATIVE PARCEL MAP
2004-0056 AND CONDITIONAL USE PERMIT 2004-0133
ON APN 030-373-020
(6910 Navajoa Ave/Vaughn and Young)
WHEREAS, an application has been received from Donald K. Vaughn (605 Garcia
Road, Atascadero, CA 93422) and Randy Young (P.O. Box 744, San Miguel, CA 93451),
Applicant and Property Owners, to consider a project consisting of a Zone Change from RMF -10
(Residential Multi -Family -10) to RMF-10/PD-25 (Residential Multi -Family -10 with Planned
Development Overlay #25) with corresponding Master Plan of Development and Tentative
Parcel Map on a 0.49 -acre site located at 6910 Navajoa Ave.(APN 030-373-020); and,
WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2005-0052
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 November 1, 2005 following the close of the review period to consider the Initial Study and
Proposed Mitigated Negative Declaration; and,
WHEREAS, the Planning Commission has determined that the project will have no
significant impacts with project specific mitigation measures incorporated; and,
WHEREAS, the City Council of the City of Atascadero held a public hearing on January
10, 2006 following the close of the review period to consider the Initial Study and Proposed
Mitigated Negative Declaration; and,
NOW THEREFORE, the City Council of the City of Atascadero, hereby resolves to
certify Proposed Mitigated Negative Declaration 2005-0052 based on the following Findings,
and as shown in Exhibit A:
1. The Proposed Mitigated Negative Declaration has been completed in compliance with
CEQA; and,
128
•
ITEM NUMBER: B -1
DATE: 01/10/06
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; and,
4. The project will not achieve short-term to the disadvantage of long-term environmental
goals; and,
5. The project does not have impacts which are individually limited, but cumulatively
considerable; and,
6. The project will not cause substantial adverse effects on human beings either directly or
indirectly; and,
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:
Tom O'Malley, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
0 Patrick Enright, City Attorney
129
ITEM NUMBER: B - 1
DATE: 01/10/06
Exhibit A Proposed Mitigated Negative Declaration 2005-0052
Applicant: Donald Vaughn, 605 Garcia Road, Atascadero, CA 93422 805-239�5152
Project Title.. Zone Change 2004-0087, Conditional Use Permit 2004-013 3; Tentative: Map 2004-0056 for a
4-iot. Planned. Development subdivision
Project 6910 Navajoa Avenue, Atascadcro, CA 93422 (Single Family Residence)
Location- (San Luis Obispo County) APN 034-032-1144.
Project The Proposed project consists of an application for a Zone Change, Conditional Use Permit, and
Descriptiont Tentative Parcel Map for the construction of four new detached single-family horms.onindividual lots
that will be developedunder the requirements of the Planned Development overlay districtstandards
within the Residential M uW-Family (RMF -10) zoning district, The proposed, residences range in size
between 1,440 square feet and 1:894 square feet. The project includes one home per lot each with a
two -car garage and one parking space in each driveway. A seven (7) inch live oak is proposed for
removal.
General Plan Designation: Medium Density Residential - MDR
ZoninglDistrict: Residential Multiple Family - RIYIF-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 haveimpacts which are individually limited, but cumulatively considerable.
4. The project will not cause substantial adverse effects on human beings either directly or indirectly.
5.
Determinatiow.
Based on the above findings, and the information contained in the initial study 2005-0052 (made,a-part hereof by
reference and on rile in the Community Development Department), it has been determined that the above project will
not have, an adverse impact on the environment when the fibliowing proposed mitigation measures are incorporated
into the project (see attachment).
'Prepared By:
Date Posted:
Public Review ends:
Attachments:
Lisa Wilkinson, Assistant Planner
October 1,3, 2005
November 1, 2005
Location / Zoning Map
Site Plan
Elevations
Grading and Drainage Plan
Landscape Plan
Tree Protection Plan
6905 EL CAMINO REAL, SUITE 6 • ATASCADERO, CALIFORNIA93421 • (805)461-5000 -FAX 4614612
130
•
•
CITY OFATASCADER0
CW
PROPOSED MITIGATED
NEGATIVE DECLARATION #2.005-0052
6905 El Camino Real, Suite 6 Atascadero, CA 93422 8051461-5000
Applicant: Donald Vaughn, 605 Garcia Road, Atascadero, CA 93422 805-239�5152
Project Title.. Zone Change 2004-0087, Conditional Use Permit 2004-013 3; Tentative: Map 2004-0056 for a
4-iot. Planned. Development subdivision
Project 6910 Navajoa Avenue, Atascadcro, CA 93422 (Single Family Residence)
Location- (San Luis Obispo County) APN 034-032-1144.
Project The Proposed project consists of an application for a Zone Change, Conditional Use Permit, and
Descriptiont Tentative Parcel Map for the construction of four new detached single-family horms.onindividual lots
that will be developedunder the requirements of the Planned Development overlay districtstandards
within the Residential M uW-Family (RMF -10) zoning district, The proposed, residences range in size
between 1,440 square feet and 1:894 square feet. The project includes one home per lot each with a
two -car garage and one parking space in each driveway. A seven (7) inch live oak is proposed for
removal.
General Plan Designation: Medium Density Residential - MDR
ZoninglDistrict: Residential Multiple Family - RIYIF-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 haveimpacts which are individually limited, but cumulatively considerable.
4. The project will not cause substantial adverse effects on human beings either directly or indirectly.
5.
Determinatiow.
Based on the above findings, and the information contained in the initial study 2005-0052 (made,a-part hereof by
reference and on rile in the Community Development Department), it has been determined that the above project will
not have, an adverse impact on the environment when the fibliowing proposed mitigation measures are incorporated
into the project (see attachment).
'Prepared By:
Date Posted:
Public Review ends:
Attachments:
Lisa Wilkinson, Assistant Planner
October 1,3, 2005
November 1, 2005
Location / Zoning Map
Site Plan
Elevations
Grading and Drainage Plan
Landscape Plan
Tree Protection Plan
6905 EL CAMINO REAL, SUITE 6 • ATASCADERO, CALIFORNIA93421 • (805)461-5000 -FAX 4614612
130
•
•
•
ATTACHMENT 5: Draft Ordinance A
DRAFT ORDINANCE A
ITEM NUMBER: B -1
DATE: 01/10/06
ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING ZONE
CHANGE 2004-0087, AMENDING THE OFFICIAL ZONING MAP
DESIGNATION OF APN 030-373-020 FROM RMF -10 (RESIDENTIAL
MULTI -FAMILY —10) TO RMF-10/PD-25 (RESIDENTIAL MULTI-
FAMILY —10/PLANNED DEVELOPMENT OVERLAY #25)
(6910 Navajoa Ave. /Vaughn and Young)
The City Council hereby finds and declares as follows:
WHEREAS, an application has been received from Donald K. Vaughn (605 Garcia
Road, Atascadero, CA 93422) and Randy Young (P.O. Box 744, San Miguel, CA 93451),
Applicant and Property Owner, to consider a project consisting of a Zone Change from RMF -10
(Residential Multi -Family -10) to RMF-10/PD-25 (Residential Multi -Family -10 with Planned
Development Overlay #25) with corresponding Master Plan of Development and Tentative
Parcel Map on a 0.49 -acre site located at 6910 Navajoa Ave (APN 030-373-020); 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 -10);
and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2005-0052 were
prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act (CEQA); and,
WHEREAS, the Planning Commission has 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
131
ITEM NUMBER: B-1
DATE: 01/10/06
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 November 12005, studied and considered Zone Change 2004-0087, after
first studying and considering the Proposed Mitigated Negative Declaration prepared for the
project, and,
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on January 10, 2006 studied and considered Zone Change 2004-0087, after first studying
and considering the Proposed Mitigated Negative Declaration prepared for the project, and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Findings for Approval of a Zone Change to the Official Zoning Map of
Atascadero Changing the existing site zoning to RMF-10/PD25. 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. The proposed project offers certain redeeming features to compensate for the
requested zone change.
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular
session assembled on January 10, 2006 resolved to introduce for first reading by title only, an
ordinance that would rezone the subject site consistent with the following:
1. Exhibit A: Zone Map Amendment Diagram
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.
132
ITEM NUMBER: B -1
DATE: 01/10/06
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
ATTEST:
! Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Patrick Enright, City Attorney
•
Tom O'Malley, Mayor
133
ITEM NUMBER: B - 1
DATE: 01/10/06
Exhibit A: Zone Map Amendment Diagram
Existing Designation:
-Residential Multi -family - 10
Proposed Desi nation:
Residential Multi-Family-10/PD-25
134
*I
•
•
•
ATTACHMENT 7: Draft Resolution B
Approval of Proposed Master Plan of Development
DRAFT RESOLUTION B
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADER09 CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT 2004-0133 (MASTER PLAN OF DEVELOPEMNT)
ON APN 030-373-020
(6910 Navajoa Ave. / Vaughn and Young)
WHEREAS, an application has been received from Donald K. Vaughn (605 Garcia
Road, Atascadero, CA 93422) and Randy Young (P.O. Box 744, San Miguel, CA 93451),
Applicants and Property Owners, to consider a project consisting of a Zone Change from RMF -
10 (Residential Multi -Family -10) to RMF-10/PD-25 (Residential Multi -Family -10 with Planned
Development Overlay #25) with corresponding Master Plan of Development and Tentative
Parcel Map on a 0.49 -acre site located at 6910 Navajoa Ave (APN 030-373-020); and,
WHEREAS, the site's General Plan Designation is MDR (Medium Density Residential);
and,
WHEREAS, the Planning Commission has recommended that the site's Zoning District
be changed from RMF -10 (Residential Multi -Family -10) to RMF-10/PD-25 (Residential Multi-
Family-10/Planned Development Overlay #25); and,
WHEREAS, the PD -25 requires the adoption of a Master Plan of Development,
approved in the form of a Conditional Use Permit; and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2005-0052 were
prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act (CEQA); and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject 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 November 1, 2005, studied and considered the Conditional Use Permit
135
2004-0133 (Master Plan of Development), after first studying and considering the Proposed
Mitigated Negative Declaration prepared for the project, and
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on January 10, 2006, studied and considered the Conditional Use Permit 2004-0133 (Master
Plan of Development), after first studying and considering the Proposed Mitigated Negative
Declaration prepared for the project, and
NOW, THEREFORE, the City Council of the City of Atascadero takes the following
actions:
SECTION 1. Findings for Approval of Conditional Use Permit. The City Council
finds as follows:
1. The proposed project or use is consistent with the General Plan and the City's
Appearance Review Manual; and,
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance) including provisions of the PD -25 Overlay Zone; 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. The proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development; and,
5. 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. The Master Plan 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; and
7. Benefits derived from the Master Plan of Development and PD -25 overlay zone
cannot be reasonably achieved through existing development standards or processing
requirements; and,
136
•
•
•
SECTION 2. Findings for Approval of Tree Removal. The City Council finds as follows:
1. The trees are obstructing proposed improvements that cannot be reasonably designed
to avoid the need for tree removal, as certified by a report from the Site Planner and
determined by the Community Development Department based on the following
factors:
■ Early consultation with the City;
■ Consideration of practical design alternatives;
■ Provision of cost comparisons (from applicant) for practical design alternatives;
■ If saving tree eliminates all reasonable uses of the property; or
■ If saving the tree requires the removal of more desirable trees.
SECTION 3. Approval. The City Council of the City of Atascadero, in a regular
session assembled on January 10, 2006, resolved approve Conditional Use Permit 2004-0133
(Master Plan of Development) and Tree Removal Permit subject to the following:
EXHIBIT A:
Conditions of approval / Mitigation Monitoring Program
EXHIBIT B:
Master Plan of Development
EXHIBIT C:
Landscape Plan
EXHIBIT D:
Elevations Plan A
EXHIBIT E:
Elevations Plan B
EXHIBIT F:
Floor Plan C-2
EXHIBIT G:
Elevations Plan C-1
EXHIBIT H:
Grading and Drainage Plan
EXHIBIT 1:
Color and Materials
EXHIBIT J:
Tree Protection Plan
137
On motion by Council Member , and seconded by Council Member
the foregoing resolution is hereby adopted in its entirety by the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
LE
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Patrick Enright, City Attorney
138
Tom O'Malley, Mayor
L IA
•
•
•
•
EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program
PD -25 MasterPlan of Development (CUP 2004-0133)/ ZCH 2004-0087
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
6910 Navajoa Ave.
BL: Business
License
PS: Planning Services
BS: Building Services
FD: Fire Department
PD -25 Master Plan of Development
p
BP:GradngPermi
BP: Building Penrd
PD:Pol Engineer
CE: CAy Engineer
FI: Final Inspection
TO: Temporary
WW: Wastewater
CA Co Attorney
Occupancy
F0: Final Occupancy
Planning Services
1. The approval of this Zone Change and use permit shall become final and
FM
PS
effective following City Council approval.
2. The approval of this use permit shall become final and effective for the
FM
PS
purposes of issuing building permits thirty (30) days following the City Council
approval of ZCH 2004-0087 upon second reading, unless prior to that time,
an appeal to the decision is filed as set forth in Section 9-1.111(b) of the
Zoning Ordinance.
3. The Community Development Department shall have the authority to approve
BP/FM
PS, CE
the following minor changes to the project that (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.
Any other changes to the Master Plan of Development shall be subject to City
Council approval. Any associated Tentative Maps unless shall be subject to
Planning Commission approval.
4. Approval of this Conditional Use Permit shall be valid for twenty-four (24)
BP/FM
PS
months after its effective date. - At the end of the period, the approval shall
expire and become null and void unless the project has received a building
permit.
5. The applicant shall defend, indemnify, and hold harmless the City of
Ongoing
PS
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
6. All subsequent Tentative Map and construction permits shall be consistent
BP/FM
PS, CE
with the Master Plan of Development contained herein.
7. All exterior elevations, finish materials and colors shall be consistent with the
BP
PS
Master Plan of Development as shown in EXHIBIT D, E, F, G, and I with the
following modifications:
■ All exterior material finishes (siding, trim, doors, windows, light fixtures,
garage doors) shall be durable, high quality, and consistent with the
architectural appearance.
• Stucco siding shall be smooth troweled or similar. No machine finishes
139
Conditions of Approval /
'riming
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
6910 Navajoa Ave.
BL Business
License
BS: Building Services
FD: Fire Department
PD -25 MasterPlan of Development
GP: Grading Permit
BP: BuildingPerrrn
PD: Police Department
GE: Cily Engineer
FI: Final Inspedbn
WW: Wastewater
TO: Temporary
CA City Atlomey
Occupancy
F0: Final Occupancy
will be permitted.
• Remove transom window on front Elevations A and B.
8. All site development shall comply with the standards of the Planned
BP
PS, BS
Development 25 Overlay District.
9. All site work, grading, and site improvements shall be consistent with the
BP/FM
PS, BS, CE
Master Plan of Development as shown in EXHIBIT B, C, and H.
10. All project fencing shall be installed consistent.with EXHIBIT B and C subject
GP/BP
PS
to the following modifications:
■ Fencing material and treatment shall comply with the PD25 standards.
■ All fencing shall be recessed from the facade of the units along all
street and parking court frontages.
11. Final selection of colors and materials identified in EXHIBIT I shall be subject
GP/BP
PS
to staff approval
12. A final landscape and irrigation plan shall be approved prior to the issuance of
PF
PS
building permits and included as part of site improvement plan consistent with
EXHIBIT C, and as follows:
■ All exterior meters, air conditioning units and mechanical equipment
shall be screened with landscape material.
■ All areas shown on the landscape plan shall be landscaped by the
developer prior to the final of any single building permit on-site.
• Final tree list shall be submitted with building permits, subject to staff
approval.
■ Parking court and open space trees shall be minimum 15 -gallon size
and double staked.
• Front yard areas shall be landscaped with drought tolerant species,
subject to staff approval.
13. The developer and/or subsequent owner shall assume responsibility for the
Ongoing
continued maintenance of all landscape and common areas, consistent with
EXHIBIT C.
14. Affordable Housing Requirement: The applicant shall either designate one
unit as moderate -income unit, deed -restricted for a 30 -year period or pay an
in -lieu fee of 5% of the valuation of the market rate unit(s) prior to or
concurrent with final map.
MR
•
•
•
•
•
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
69-10 Navajoa Ave.
BL: Business
License
BS: Building Services
FD: Fire Department
PD -25 Master Plan of Development
GP: Grading Permit
BP: Building Parrrd
PD: Police Department
CE: City Engineer
FI: Final Inspection
WW: Wasteweer
TO: Temporary
CA City Attorney
Occupancy
F0: Final Occupancy
15. Affordable Workforce Housing
BP
PS, CA
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 reserved; and
The City Attorney shall approve the final form of the agreement.
16. A Tree Protection Plan shall be submitted with subsequent building permits
GPBP
PS
for encroachment within the drip line of native trees located 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 trees.
17. An address marker to include address for all units shall be located at the
GP/BP
PS
public street access point. The address marker shall be compatible with the
project architecture.
18. The emergency services and facility maintenance costs listed below shall
BP
PS
be 100% funded by the project in perpetuity. The service and
maintenance costs shall be funded through a community facilities district
established by the City at the developer's cost. The funding mechanism
must be in place prior to or concurrently with acceptance of the final maps.
The funding mechanism shall be approved by the City Attorney, City
Engineer and Administrative Services Director prior to acceptance of any
final map. The administration of the above mentioned funds shall be by
the City. Developer agrees to participate in the community facilities district
and to take all steps reasonably required by the City with regard to the
establishment of the district and assessment of the property.
■ All Atascadero Police Department service costs to the project.
■ All Atascadero Fire Department service costs to the project.
■ Off-site common City of Atascadero park facilities maintenance service
costs related to the project.
141
Conditions of Approval /
Mitigation Monitoring Program
69 fO Na vajoa Ave.
PD -25 Master Plan of Development
Timing
BL Business
License
GP: Grading Permit
BP: Building Permil
FI: Final Inspection
TO: Temporary
Occupancy
F0: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: Cily Engineer
WW: Wastewater
CA City Attorney
Mitigation
Measure
19. All tract maintenance costs listed below shall be 100% funded by the project
in perpetuity. The service and maintenance cost shall be funded through a
Home Owners Association established by the developer subject to City
approval. The Home Owners Association must be in place prior to, or
concurrently with acceptance of any final maps. The Home Owners
Association shall be approved by the City Attorney, City Engineer and
Administrative Services Director prior to acceptance of any Final Map. The
administration of the above mentioned funds, and the coordination and
performance of maintenance activities, shall be the responsibility of the Home
Owners Association.
a) All streets, bridges, sidewalks, streetlights, street signs, roads,
emergency access roads, emergency access gates, and sewer
mains within the project.
b) All parks, trails, recreational facilities and like facilities.
c) All open space and native tree preservation areas.
d) All drainage facilities and detention -basins.
e) All creeks, flood plains, floodways, wetlands, and riparian habitat
areas.
f) All common landscaping areas, street trees, medians, parkway
planters, manufactured slopes outside private yards, and other
similar facilities.
All frontage landscaping and sidewalks along arterial streets
20. Prior to final map, the applicant shall submit CC&Rs for review and approval
BP
PS, BS
by the Community Development Department. The CC&R's shall record with
the Final Map and shall include the following:
a) Provisions for maintenance of all common areas including access,
parking, street trees, fencing and landscaping in perpetuity.
b) A detailed list of each individual homeowner's responsibilities for
maintenance of the individual units.
c) Residents shall keep all trash receptacles within the unit's
designated trash storage area.
d) Garages shall be maintained and used for vehicle parking.
e) No boats, RV's or other type of recreation vehicle may occupy a
guest or resident parking space, including within an individual
garage.
f) A provision for review and approval by the City Community
Development Department for any changes to the CC&R's that relate
to the above requirements prior to the changes being recorded or
142
•
•
11
•
•
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
6910 NavajoaAve.
BL: Business
Licanse
BS: Building Services
FO: Fire Depadrnsnt
PD -25 Master Plan of Development
BP:
artment
uildingParnil
BP: Building Permit
CE:PoyEnginlice
CE: City Engineer
FI: Final Inspection
WW: Wastewater
TO: Temporary
CA City Attorney
Occupancy
F0: Final Occupancy
taking effect.
21. Approval of this permit shall include the removal of 1 Native Tree, totaling 7
BP
PS, BS
inches dbh. The applicant shall be required to pay mitigation fees or provide
replantings on-site per the requirements of the Atascadero Native Tree
Ordinance. Any additional removals shall be subject to Planning Commission
approval.
City Engineer Conditions
Grading and Drainage
22. Obtain approval by the City Engineer of the grading & drainage plan and the
BP, GP
CE
storm drain design & facilities.
23. Submit calculations to support the design of any structures or pipes. Closed
BP, GP
CE
conduits shall be designed to convey the 10 -year flow with gravity flow, the
25 -year flow with head, and provide safe conveyance for the 100 year
overflow.
24. Provide for the detention of the 50 year developed storm runoff, while
BP, GP
CE
metering out the 2 year undeveloped storm runoff. Metered runoff must follow
existing drainage patterns. Onsite detention may be mitigated by the
installation of a storm drain system that ties to the existing storm drain in
Atascadero Ave. Applicant shall submit drainage calculations showing that
adequate capacity is available.
25. Show the method of dispersal at all pipe outlets. Include specifications for size
BP, GP
CE
& type.
26. Existing drainage patterns from adjacent properties shall not be obstructed.
BP, GP
CE
27. All drainage from improvements shall cross property lines within drainage
FM
CE
easements.
Public Improvements and Maintenance: Navaioa Avenue
28. The applicant must provide for the repair and maintenance of on-site shared
improvements. This includes roads, sidewalks, street trees, streetlights,
private sewer system, drainage facilities, recreation areas and common
landscaping. The two methods that may be used are:
a. Homeowners Association. This private organization would be responsible
for the maintenance, repair and replacement of the facilities.
b. Assessment District and Landscape and Lighting District. Funds for the
maintenance, repair and replacement of the facilities would be collected on
the property tax bill and distributed to the City.
The City Engineer and City Attorney shall approve the final form prior to
143
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL: Buss
BS: Building Services
6910 NavajoaAve.
License
FD: Fire Deparlinent
PD-25 Master Plan of Development
GP: Grading Permit
BP: BuildingPerrm
PD: Police Department
CE: Cily Engineer
FI: Finallnspectbn
WW: Wastewater
TO: Temporary
CP: City Attorney
Occupancy
F0: Final Occupancy
recordation.
29. The Applicant shall widen Navajoa and construct curb and gutter, in
BP, GP
CE
accordance with City Standards, along the entire property frontage.
30. The applicant shall overlay or slurry seal the entire street frontage of Navajoa,
BP, GP
CE
as directed by the City Engineer.
SANITARY SEWER CONDITIONS
31. The applicant shall pay sewer Extension (Annexation) and Connection fees
BP, GP
CE
upon issuance of building permit.
32. Drainage piping serving fixtures which have flood level rims located below the
BP, GP
CE
elevation of the next upstream manhole cover of the public or private sewer
serving such drainage piping shall be protected from backflow of sewage by
installing an approved type backwater valve Fixtures above such elevation
shall not discharge through the backwater valve.
33. Each building shall be separately and independently connected with the public
BP, GP
CE
sewer.
34. Private utility easements will be required for sewer laterals that cross private
BP, GP
CE
property lines.
35. Prior to recording the final map, provisions for the repair and maintenance of
BP, GP
CE
the private sewer shall be included in the CC&R's for this tract. Included shall
be a mechanism to maintain the private sewer, such as a homeowners
association. The City Engineer and City Attorney shall approve the final form
prior to recordation.
36. Gravity mains and other sewer facilities within the subdivision shall be
BP, GP
CE
privately owned and maintained.
STANDARD CONDITIONS
37. All public improvements shall be constructed in conformance with the City of
BP, GP
CE
Atascadero Engineering Department Standard Specifications and Drawings or
as directed by the City Engineer.
38. In the event that the applicant is allowed to bond for the public improvements
FM
CE
required as a condition of this map, the applicant shall enter into a Subdivision
Improvement Agreement with the City Council.
39. An engineer's estimate of probable cost shall be submitted for review and
FM
CE
approval by the City Engineer to determine the amount of the bond.
144
•
•
.J
•
•
onditions of Approval /
Timing
Responsibility
Mitigation
itigation Monitoring Program
/Monitoring
Measure
910 Navajoa Ave.
[PD-25
BL Business
License
PS: Planning Services
BS: Building Services
FD: FireNparlment
Master Plan of Development
GP: Grading Pani
BP: Building Permit
PD: Police ginartment
CE: CoCEngineer
FI: Finallnspectbn
TO: Temporary
WW: Wastewater
CA Cit/ Atlomey
Occupancy
F0: Final Occupancy
40. The Subdivision Improvement Agreement shall record concurrently with the
FM
CE
Final Map.
41. The applicant shall be responsible for the relocation and/or alteration of
BP, GP
CE
existing utilities.
42. The applicant shall install all new utilities (water, gas, electric, cable TV and
BP, GP
CE
telephone) underground. Utilities shall be extended to the property line
frontage of each lot or its public utility easement.
43. The applicant shall monument all property comers for construction control and
FM
CE
shall promptly replace them if disturbed.
44. The applicant shall acquire title interest in any off-site land that may be
FM
CE
required to allow for the construction of the improvements. The applicant shall
bear all costs associated with the necessary acquisitions. The applicant shall
also gain concurrence from all adjacent property owners whose ingress and
egress is affected by these improvements.
45. Slope easements shall be provided as needed to accommodate cut of fill
FM
CE
slopes.
46. Drainage easements shall be provided as needed to accommodate both
FM
CE
public and private drainage facilities.
47. The final map shall be signed by the City Engineer prior to the map being
FM
CE
placed on the agenda for City Council acceptance.
48. Prior to recording the tract map, the applicant shall submit a map drawn in
FM
CE
substantial conformance with the approved tentative map and in compliance
with all conditions set forth herein. The map shall be submitted for review and
approval by the City in accordance with the Subdivision Map Act and the
City's Subdivision Ordinance.
49. Prior to recording the map, the applicant shall set monuments at all new
FM
CE
property corners. A registered civil engineer or licensed land surveyor shall
indicate by certificate on the parcel map, that corners have been set or shall
be set by a date specific and that they will be sufficient to enable the survey to
be retraced.
50. Prior to recording the map, the applicant shall complete all improvements
FM
CE
required by these conditions of approval
51. Prior to recording the tract map, the applicant shall have the map reviewed by
FM
CE
all applicable public and private utility companies (cable, telephone, gas,
electric, Atascadero Mutual Water Company). The applicant shall obtain a
letter from each utility company indicating their review of the map. The letter
shall identify any new easements that may be required by the utility company.
A copy of the letter shall be submitted to the City. New easements shall be
145
Conditions of Approval /
'riming
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL Business
BS: Building Services
6910 NavajoaAve.
License
FD: Fire Department
GP: Grading Permit
PD: Police Department
PD -25 MasterPlan of Development
BP: Building Pemrl
CE: City Engineer
FI: Finallnspecton
WW: Wastewater
TO: Terrporary
CA: City Attorney
Occupancy
F0: Final Occupancy
shown on the map.
52. Upon recording the final map, the applicant shall provide the City with a black
FM
CE
line clear Mylar (0.4 mil) copy and a blue line print of the recorded map.
53. Prior to the final inspection of any public improvements, the applicant shall
FM
CE
submit a written statement from a registered civil engineer that all work has
been completed and is in full compliance with the approved plans.
54. Prior to the final inspection, the applicant shall submit a written certification
BP, GP
CE
from a registered civil engineer or land surveyor that all survey monuments
have been set as shown on the final map.
55. An encroachment permit shall be obtained prior to any work within City rights
BP, GP
CE
of way.
56. Prior to the issuance of building permits the applicant shall submit a grading
BP, GP
CE
and drainage plan prepared by a registered civil engineer for review and
approval by the City Engineer.
Atascadero Mutual Water Company
57. Before recordation of the final map, the applicant shall submit plans to
FM
AMWC for the water distribution facilities needed to serve the project.
AMWC shall review and approve the plans before construction begins on
the water system improvements. All new water distribution facilities shall
be constructed in conformance with AMWC Standards and Details and the
California Waterworks Standards (Code of Regulations Title 22, Division 4,
Chapter 16). All cross -connection devices shall conform to AWWA and
California Department of Health Services standards.
57. Before the start of construction on the water system improvements, the
BP
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.
58. Before issuance of building permits, the applicant shall obtain a "Will Serve"
BP
letter from AMWC for the newly created lots within the subdivision.
59. Separate water meters for domestic water service are required for each
BP
individual dwelling.
60. The applicant is responsible for designing and constructing water system
BP
improvements that will provide water at pressures and flows adequate for
the domestic and fire protection needs of the project.
Mitigation Measures
61. Mitigation Measure 1.c.1: The shared driveway shall be of a decorative
BP
PS
nature to minimize the visual impact of the paved area.
146
•
•
•
•
17J
•
Conditions of Approval /
Mitigation Monitoring Program
69110 Navajoa Ave.
PD -25 Master Plan of Development
Timing
BL: Business
License
GP: Grading Permit
BP: Building Permit
FI: Final Inspectbn
TO: Temporary
Occupancy
F0: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Departrnenl
PD: Police Department
CE: City Engineer
WW: Wastewater
CA City Atlomey
Mitigation
Measure
62. Mitigation Measure 1 A.1: Exterior lighting shall be limited to wall mounted
BP
PS
1.d.1
building lighting only. All exterior lighting shall be designed to eliminate any
off site glare and shall utilize full cut-off, "hooded" lighting fixtures to prevent
offsite light spillage and glare. Fixtures shall be shield cut-off type and
compatible with historic setting, subject to staff approval.
63. Mitigation Measure 3.b.1: The project shall be conditioned to comply with
BP
BS
3.b.1
all applicable District regulations pertaining to the control of fugitive dust
(PM-) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality
Handbook.
• Asbestos has been identified by the state Air Resources Board as a
toxic air contaminant. Serpentine and ultramafic rocks are very
common in the state and may contain naturally occurring asbestos.
Under the State Air Resources Board Air Toxics Control Measure
(ATCM) for Construction, Grading, Quarrying, and Surface Mining
Operations, prior to any grading activities at the site, the project
proponent shall ensure that a geologic evaluation is conducted to
determine if naturally occurring asbestos is present within the area
that will be disturbed. If Naturally Occurring Asbestos (NOA) is
found at the site the applicant must comply with all requirements
outlined in the Asbestos ATCM for Construction, Grading,
Quarrying, and Surface Mining Operations. . If NOA is not present,
an exemption request must be filed with the District. If NOA is
found at the site the applicant must comply with all requirements
outlined in the Asbestos ATCM. This may include development of
an Asbestos Dust Mitigation Plan and an Asbestos Health and
Safety Program for approval by the APCD. Should Naturally
Occurring Asbestos be identified within the area of construction, and
the worked area will be less than or equal to one acre, then the dust
control measures identified below are required. If the disturbed
area is greater than one acre, additional requirements may include
but are not limited to 1) an Asbestos Dust Mitigation Plan which
must be approved by the District before construction begins, and 2)
an Asbestos Health and Safety Program will also be required for
some projects.
• Dust Control Measures for Construction and Grading Operation
Projects One Acre or Less: No person shall engage in any
construction or grading operation on property where the area to be
disturbed is one (1.0) acre or less unless all of the following dust
mitigation measures are initiated at the start and maintained
throughout the duration of the construction or grading activity:
(A) Construction vehicle speed at the work site must be limited to
fifteen (15) miles per hour or less;
(B) Prior to any ground disturbance, sufficient water must be applied
to the area to be disturbed to prevent visible emissions from
crossing the property line;
C Areas to be graded or excavated must be kept adequately
147
Conditions Of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Sentices
IL: Business
BS: Building Services
69f0 Navajoa Ave,
License
FD: Fre Deparlment
PD -25 Master Plan of Development
GP: Grading Permit
BR Building Permit
PD: Police Department
CE: City Engineer
FI: Final Inspectinn
WW: Wastewater
TO: Temporary
CA City Altomey
Occupancy
FO: Final Occupancy
wetted to prevent visible emissions from crossing the property
line;
(D) Storage piles must be kept adequately wetted, treated with a
chemical dust suppressant, or covered when material is not
being added to or removed from the pile;
(E) Equipment must be washed down before moving from the
property onto a paved public road; and
(F) Visible track -out on the paved public road must be cleaned using
wet sweeping or a HEPA filter equipped vacuum device within
twenty-four (24) hours.
64. Mitigation Measure 4.e.1: The Grading Plan shall identify tree protection
GP
PS
4.e.1
fencing around the dripline of each existing on-site or off-site native tree
within 20 feet of construction activity.
65. Mitigation Measure 4.e.2: Grading and excavation and grading work shall
GP
PS
4.e.2
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
66. Mitigation Measure 4.e.3: An arborists report shall be required prior to
GP
PS
4.e.3
project implementation. The report shall identify each native tree proposed
for removal and each tree within the project area subject to potential impact.
The report shall provide recommendations for tree pruning, tree protection
of existing native trees to remain, and identify native tree
impact/replacement mitigation per the Atascadero Municipal Code Section
9-11.5.
67. Mitigation Measure 6.b: The grading permit application plans shall include
GP
CE
6.b
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.
M;
•
•
:7
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
6910 Navajoa Ave.
BL: Business
License
PS: Planning Services
BS: Building Services
FD: Fire Department
PD -25 Master Plan of Development
BP:cuaangPerrrn
BP: Building Perrrd
CE: Cit be EngineDepanter
CE: City Engineer
FL Finallnspection
WW: Wastewater
T0: Temporary
Ocupanq
CA. City AVomey
F0: Final Occupancy
68. Mitigation Measure 6.c.d: A soils report shall be required to be submitted
GP
BS
6.c.d
with a future building permit by the building department. The building plans
will be required to follow the recommendations of the soils report to assure
safety for residents and buildings.
69. Mitigation Measure 8.e.f: The developer is responsible for ensuring that all
BP
CE
8.e.f
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.
70. Mitigation Measure 11.d: All construction activities shall comply with the
Ongoing
BS/PS
11.d
City of Atascadero Noise Ordinance for hours of operation.
Construction activities shall be limited to the following hours of operation:
• 7 a.m. to 7 p.m. Monday through Friday
• 9 a.m. to 6 p.m. Saturday
• No construction on Sunday
Further, particularly loud noises shall not occur before 8 a.m. on weekdays and
not at all on weekends.
The hours of construction may be modified by the Community Development
Director upon a determination that unusually loud construction activities are
having a significant impact on the neighbors.
Failure to comply with the above-described hours of operation may result in
withholding of inspections and possible construction prohibitions, subject to the
review and approval of the Community Development Director.
A sign shall be posted on-site with the hours of operation and a telephone
number of the person to be contacted in the event of any violations. The
details of such a sign shall be approved by staff during the Grading
Plan/Building Permit review process.
149
EXHIBIT B: Master Plan of Development/Site Plan
150
101
•
10
I *
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EXHIBIT C: Landscape Plan
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151
EXHIBIT D: Elevations Plan A
152
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EXHIBIT E: Elevations Plan B
153
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153
EXHIBIT F: Elevations Plans C-2
154
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EXHIBIT G: Elevations Plan C-1
155
EXHIBIT H: Grading and Drainage Plan
156
* I
01
0 �
•
•
•
EXHIBIT 1: Color and Materials
**See project file for colors**
157
EXHIBIT J: Tree Protection Plan
Tree Index Table
Revised October 2005
1
2
3
4
5
6
7
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9
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ReportAddendum for Don Vaughn -6910 Navajoa (April 17,200,4) *three additional teeft removed:
threiber
131,4
-3715
158
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@IMPACTED TREE
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PROTECTION
FENCING
01
*I
•
•
ATTACHMENT 8: Draft Resolution C
Approval of Proposed Tentative Parcel Map
DRAFT RESOLUTION C
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING
TENTATIVE PARCEL MAP 2004-0056, A FOUR LOT SUBDIVISION
CONSISTENT WITH A MASTER PLAN OF DEVELOPMENT
ON APN 030-373-020
(6910 Navajoa Ave / Vaughn and Young)
WHEREAS, an application has been received from Donald K. Vaughn (605 Garcia
Road, Atascadero, CA 93422) and Randy Young (P.O. Box 744, San Miguel, CA 93451),
Applicant and Property Owners, to consider a project consisting of a Zone Change from RMF -10
(Residential Multi -Family - 10) to RMF-10/PD-25 (Residential Multi -Family -10 with Planned
Development Overlay #25) with corresponding Master Plan of Development and Tentative
Parcel Map on a 0.49 -acre site located at 6910 Navajoa Avenue (APN 030-373-020); and,
WHEREAS, the site's General Plan Designation is MDR (Medium Density Residential);
and,
WHEREAS, the Planning Commission has recommended that the site's Zoning District
be changed from RMF -10 (Residential Multi -Family -10) to RMF-10/PD-25 (Residential Multi-
Family-10/Planned Development Overlay #25); and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2005-0052 were
prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act (CEQA); and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative
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 Master Plan of
Development; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on November 1, 2005, studied and considered Tentative Parcel Map 2004-
0056, after first studying and considering the Proposed Mitigated Negative Declaration prepared
for the project, and
159
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on January 10, 2006 studied and considered Tentative Parcel Map 2004-0056, after first
studying and considering the Proposed Mitigated Negative Declaration prepared for the project,
and
NOW THEREFORE, the City Council of the City of Atascadero takes the following
actions:
SECTION 1. Findings of Approval for Tentative Parcel Map, the City Council finds
as follows:
The proposed subdivision, design and improvements as conditioned, is consistent with
the General Plan and applicable zoning requirements, including provisions of the PD -25
overlay district.
2. The proposed subdivision, as conditioned, is consistent with the proposed Planned
Development Overlay District #25 Master Plan of Development (CUP 2004-0133).
3. The site is physically suitable for the type of development proposed.
4. The site is physically suitable for the density of development proposed.
5. The design and improvement of the proposed subdivision will not cause substantial
environmental damage or substantially and unavoidably injure fish and wildlife or their
habitat.
6. The design of the subdivision will not conflict with easements acquired by the public at
large for access through, or the use of property within, the proposed subdivision; or
substantially equivalent alternative easements are provided.
7. Covenants, Conditions and Restrictions (CC&R's) or equivalent shall be required that
incorporate the MasterPlan of Development conditions of approval to ensure that the site
retains the proposed qualities (architecture, colors, materials, plan amenities, fencing, and
landscaping) overtime.
S. The proposed subdivision design and type of improvements proposed will not be
detrimental to the health, safety or welfare of the general public.
160
•
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular
session assembled on January 10, 2006, resolved to approve Tentative Parcel Map (TPM 2004-
0056) subject to the following:
1. Exhibit A: Tentative Parcel Map 2004-0056
2. Exhibit B: Conditions of Approval I Mitigation Monitoring Program.
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
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Patrick Enright, City Attorney
•
Tom O'Malley, Mayor
161
Exhibit A: Tentative Parcel Map
162
01
01
0 �
r]
•
Exhibit B: Conditions of Approval / Mitigation Monitoring Program
Tentative Parcel Map 20040056
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
6910 Nava'oa Ave.
GP: Grading Pemut
BP: BuildingPemit
PS: Planning Services
BS: Building Services
SIP: Subdwision
FD: Fire Department
Tentative Parcel Ma
Map
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
TPM 2004-0056
TO: Temporary
WW: Wastewater
Occupancy
CA City Attorney
FI: Final inspection
AMWC: Water Comp.
F0: Final Occupancy
Planning Services
1. The approval of this use permit shall become final and effective for the
FM
PS
purposes of issuing building permits thirty (30) days following the City
Council approval of ZCH 2004-0087 upon second reading, unless prior to
that time, an appeal to the decision is filed as set forth in Section 9-
1.111(b) of the Zoning Ordinance.
2. Approval of this Tentative Tract Map shall be valid for two years after its
FM
PS
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 the authority to
FM
PS
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 granting of this entitlement shall apply to the property located at (APN
On going
PS
030-373-020) regardless of owner.
5. The Final Map shall be drawn in substantial conformance with the
FM
PS
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.
6. The subdivider shall defend, indemnify, and hold harmless the City of
FM
PS
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.
7. The Parcel Map shall be subject to additional fees for park or recreation
FM
PS
purposes (QUIMBY Act) as required by City Ordinance.
8. The emergency services and facility maintenance costs listed below
BP
PS
shall be 100% funded by the project in perpetuity. The service and
maintenance costs shall be funded through a community facilities
district established by the City at the developer's cost. The funding
mechanism must be in place prior to or concurrently with acceptance of
the final maps. The funding mechanism shall be approved by the City
Attorney, City Engineer and Administrative Services Director prior to
acceptance of any final map. The administration of the above
mentioned funds shall be by the City. Developer agrees to participate
in the community facilities district and to take all steps reasonably
163
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Pend
PS: Planning Services
BP Building Perot
BS: Building Services
6910 Navajoa Ave.
SIP: Subdivision
FD: Fire Department
Improvement Plans
PD: Police Deparlment
Tentative Parcel Map
FM: Final Map
CE: City Engineer
TPM 20040056
TO: Temporary
Occupancy
WW: Wastewater
CA City Attorney
FI: Prialmspection
AMWC: Water Comp.
F0: Final Occupancy
required by the City with regard to the establishment of the district and
assessment of the property.
• All Atascadero Police Department service costs to the project.
■ All Atascadero Fire Department service costs to the project.
■ Off-site common City of Atascadero park facilities maintenance
service costs related to the project.
9. All tract maintenance costs listed below shall be 100% funded by the
BP
PS
project in perpetuity. The service and maintenance cost shall be funded
through a Home Owners Association established by the developer subject
to City approval. The Home Owners Association must be in place prior to,
or concurrently with acceptance of any final maps. The Home Owners
Association shall be approved by the City Attorney, City Engineer and
Administrative Services Director prior to acceptance of any Final Map.
The administration of the above mentioned funds, and the coordination
and performance of maintenance activities, shall be the responsibility of
the Home Owners Association.
■ All streets, bridges, sidewalks, streetlights, street signs, roads,
emergency access roads, emergency access gates, and sewer
mains within the project.
■ All parks, trails, recreational facilities and like facilities.
• All open space and native tree preservation areas.
■ All drainage facilities and detention basins.
■ All creeks, flood plains, floodways, wetlands, and riparian
habitat areas.
■ All common landscaping areas, street trees, medians,
parkway planters, manufactured slopes outside private yards,
and other similar facilities.
• All frontage landscaping and sidewalks along arterial streets
10. Prior to final map, the applicant shall submit CC&Rs for review and
FM
PS
approval by the Community Development Department. The CC&R's shall
record with the Final Map and shall include the following:
a) Provisions for maintenance of all common areas including
access, parking, street trees, fencing and landscaping in
perpetuity.
b) A detailed list of each individual homeowner's responsibilities for
maintenance of the individual units.
164
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Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
6910 Navajoa Ave.
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Tentative Parcel Ma
Map
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
TPM 2004-0056
TO: Temporary
Occupancy
WW: Wastewater
CA City Attorney
FI: Final inspection
AMWC: Water Comp.
FO: Final Occupancy
c) Residents shall keep all trash receptacles within the unit's
designated trash storage area.
d) Garages shall be maintained and used for vehicle parking.
e) No boats, RV's or other type of recreation vehicle may occupy a
guest or resident parking space, including within an individual
garage.
f) A provision for review and approval by the City Community
Development Department for any changes to the CC&R's that
relate to the above requirements prior to the changes being
recorded or taking effect.
11. Affordable Housing Requirement: The applicant shall either designate
FM/BP
PS/CA
one unit as moderate -income unit, deed -restricted for a 30 -year period or
pay an in -lieu fee of 5% of the valuation of the market rate unit(s) prior to
or concurrent with final map.
12. Affordable Workforce Housing
FM/BP
PS
Prior to recordation of final map, the applicant shall enter into a legal
agreement with the City to reserve 1/2 of the units for sale to residents
or workers within the City of Atascadero, including the affordable
units. The agreement shall include the following provisions:
The units shall be offered for sale to residents or workers within
the City of Atascadero for a minimum of 60 -days. During this time
period offers may only be accepted from Atascadero residents or
workers;
The applicant shall provide reasonable proof to the City that at
least one of the qualified buyers is a resident or worker within the
City Limits of Atascadero;
The Atascadero resident or worker restriction shall apply to the
initial sale only;
The applicant shall identify which units will be reserved; and
The City Attorney shall approve the final form of the agreement.
City Engineer Conditions
Grading and Drainage
13. Obtain approval by the City Engineer of the grading & drainage plan and
BP, GP
CE
the storm drain design & facilities.
165
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
BP: Building Perot
BS: Building Services
6910 Navajoa Ave.
SIP: Subdivision
FD: FireDepartmenl
Tentative Parcel Map
Improvem�t Plans
FM: Final Map
PD: Police Department
GE: Cily Engineer
TPM 20040056
T0: Temporary
Occupancy
WW: Wastewater
CA City Attorney
FI: Final nspection
AMWC: Water Corp.
F0: Final Oseupancy
14. Submit calculations to support the design of any structures or pipes.
BP, GP
CE
Closed conduits shall be designed to convey the 10 -year flow with gravity
flow, the 25 -year flow with head, and provide safe conveyance for the
100 year overflow.
15. Provide for the detention of the 50 year developed storm runoff, while
BP, GP
CE
metering out the 2 year undeveloped storm runoff. Metered runoff must
follow existing drainage patterns. Onsite detention may be mitigated by
the installation of a storm drain system that ties to the existing storm drain
in Atascadero Ave. Applicant shall submit drainage calculations showing
that adequate capacity is available.
16. Show the method of dispersal at all pipe outlets. Include specifications for
BP, GP
CE
size & type.
17. Existing drainage patterns from adjacent properties shall not be
BP, GP
CE
obstructed.
18. All drainage from improvements shall cross property lines within drainage
FM
CE
easements.
Public Improvements and Maintenance:
Navaioa Avenue
19. The applicant must provide for the repair and maintenance of on-site
shared improvements. This includes roads, sidewalks, street trees,
streetlights, private sewer system, drainage facilities, recreation areas
and common landscaping. The two methods that may be used are:
a. Homeowners Association. This private organization would be
responsible for the maintenance, repair and replacement of the facilities.
b. Assessment District and Landscape and Lighting District. Funds for the
maintenance, repair and replacement of the facilities would be collected
on the property tax bill and distributed to the City.
The City Engineer and City Attorney shall approve the final form prior to
recordation.
20. The Applicant shall widen Navajoa and construct curb and gutter, in
BP, GP
CE
accordance with City Standards, along the entire property frontage.
21. The applicant shall overlay or slurry seal the entire street frontage of
BP, GP
CE
Navajoa, as directed by the City Engineer.
SANITARY SEWER CONDITIONS
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Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
6910 Navajoa Ave.
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Tentative Parcel Map
Inprovement Plans
FM: Final Map
PD: Pone Department
CE: City Engineer
TPM 20040056
TO: Temporary
occupancy
WW: Wastewater
CA CMAttomey
FI: Final inspection
AMWC: Water Coup.
F0: Final Occupancy
22. The applicant shall pay sewer Extension (Annexation) and Connection
BP, GP
CE
fees upon issuance of building permit.
23. Drainage piping serving fixtures which have flood level rims located
BP, GP
CE
below the elevation of the next upstream manhole cover of the public or
private sewer serving such drainage piping shall be protected from
backflow of sewage by installing an approved type backwater valve
Fixtures above such elevation shall not discharge through the backwater
valve.
24. Each building shall be separately and independently connected with the
BP, GP
CE
public sewer.
25. Private utility easements will be required for sewer laterals that cross
BP, GP
CE
private property lines.
26. Prior to recording the final map, provisions for the repair and
BP, GP
CE
maintenance of the private sewer shall be included in the CC&R's for this
tract. Included shall be a mechanism to maintain the private sewer, such
as a homeowners association. The City Engineer and City Attorney shall
approve the final form prior to recordation.
27. Gravity mains and other sewer facilities within the subdivision shall be
BP, GP
CE
privately owned and maintained.
STANDARD CONDITIONS
28. All public improvements shall be constructed in conformance with the City
BP, GP
CE
of Atascadero Engineering Department Standard Specifications and
Drawings or as directed by the City Engineer.
29. In the event that the applicant is allowed to bond for the public
FM
CE
improvements required as a condition of this map, the applicant shall
enter into a Subdivision Improvement Agreement with the City Council.
30. An engineer's estimate of probable cost shall be submitted for review and
FM
CE
approval by the City Engineer to determine the amount of the bond.
31. The Subdivision Improvement Agreement shall record concurrently with
FM
CE
the Final Map,
32. The applicant shall be responsible for the relocation and/or alteration of
BP, GP
CE
existing utilities.
33. The applicant shall install all new utilities (water, gas, electric, cable TV
BP, GP
CE
and telephone) underground. Utilities shall be extended to the property
line frontage of each lot or its public utility easement.
167
Conditions of Approval /
'riming
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
BP: Building Pernt
PS: Planning Services
BS: Building Services
6910 Navajoa Ave.
SIP: Subdivision
FD: Fire Department
Tentative Parcel Map
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
TPM 2004-0056
TO: Tenporary
Occupancy
WW: Wastewater
CA CityAnomey
FI: Final inspection
AMWC: Water Cone.
F0: Final Occupancy
34. The applicant shall monument all property corners for construction control
FM
CE
and shall promptly replace them if disturbed.
35. The applicant shall acquire title interest in any off-site land that may be
FM
CE
required to allow for the construction of the improvements. The applicant
shall bear all costs associated with the necessary acquisitions. The
applicant shall also gain concurrence from all adjacent property owners
whose ingress and egress is affected by these improvements.
36. Slope easements shall be provided as needed to accommodate cut of fill
FM
CE
slopes.
37. Drainage easements shall be provided as needed to accommodate both
FM
CE
public and private drainage facilities.
38. The final map shall be signed by the City Engineer prior to the map being
FM
CE
placed on the agenda for City Council acceptance.
39. Prior to recording the tract map, the applicant shall submit a map drawn
FM
CE
in substantial conformance with the approved tentative map and in
compliance with all conditions set forth herein. The map shall be
submitted for review and approval by the City in accordance with the
Subdivision Map Act and the City's Subdivision Ordinance.
40. Prior to recording the map, the applicant shall set monuments at all new
FM
CE
property corners. A registered civil engineer or licensed land surveyor
shall indicate by certificate on the parcel map, that corners have been set
or shall be set by a date specific and that they will be sufficient to enable
the survey to be retraced.
41. Prior to recording the map, the applicant shall complete all improvements
FM
CE
required by these conditions of approval
42. Prior to recording the tract map, the applicant shall have the map
FM
CE
reviewed by all applicable public and private utility companies (cable,
telephone, gas, electric, Atascadero Mutual Water Company). The
applicant shall obtain a letter from each utility company indicating their
review of the map. The letter shall identify any new easements that may
be required by the utility company. A copy of the letter shall be submitted
to the City. New easements shall be shown on the map.
43. Upon recording the final map, the applicant shall provide the City with a
FM
CE
black line clear Mylar (0.4 mil) copy and a blue line print of the recorded
map.
44. Prior to the final inspection of any public improvements, the applicant
FM
CE
shall submit a written statement from a registered civil engineer that all
work has been completed and is in full compliance with the approved
•
•
•
•
•
•
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permt
PS: Planning Services
6910 Navajoa Ave.
BP: Building Pork
SIP: Subdivision
BS: Building Services
FD: Fire Department
Tentative Parcel Map
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
TPM 20040056
TO: Temporary
Occupancy
WW: Wastewater
CaCity Attorney
FI: Final inspeoWn
AMWC: Water Comp.
F0: Final Occupancy
plans.
45. Prior to the final inspection, the applicant shall submit a written
BP, GP
CE
certification from a registered civil engineer or land surveyor that all
survey monuments have been set as shown on the final map.
46. An encroachment permit shall be obtained prior to any work within City
BP, GP
CE
rights of way.
47. Prior to the issuance of building permits the applicant shall submit a
BP, GP
CE
grading and drainage plan prepared by a registered civil engineer for
review and approval by the City Engineer.
Atascadero Mutual Water Company
48. Before the issuance of building permits, the applicant shall submit plans
to AMWC for the water distribution facilities needed to serve the
project. AMWC shall review and approve the plans before construction
begins on the water system improvements. All water distribution
facilities shall be constructed in conformance with AMWC Standards
and Details and the California Waterworks Standards (Code of
Regulations Title 22, Division 4, Chapter 16). All cross -connection
devices shall conform to AWWA and California Department of Health
Services standards.
49. Before the start of construction on the water system improvements, the
applicant shall pay all installation and connection fees required by
AMWC. Subject to the approval of AMWC, the applicant may enter in
to a "deferred connection" agreement.
50. Before issuance of building permits, the applicant shall obtain a "Will
Serve" letter from AMWC for the newly created lots within the
subdivision.
51. The applicant shall provide AMWC with easements for those water
facilities proposed for operation and maintenance by AMWC that are
constructed outside of publicly maintained right-of-ways. AMWC shall
review the form and content of the easements before recordation.
52. The applicant is responsible for designing and constructing water
system improvements that will provide water at pressures and flows
adequate for the domestic and fire protection needs of the project.
53. The applicant shall obtain a separate landscape -irrigation meter from
AMWC for the common areas within the project. Landscaping for
169
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
BP: Building Pemrl
PS: Planning Services
BS: Building Services
6910 Navajoa Ave.
SIP: Subdivision
Ir provement Plans
FD: Fire Department
PD: Poke Depadrnent
Tentative Parcel Map
FM: Final Map
CE City Engineer
TPM 2004-0056
TO: Temporary
Occupancy
WW: Wastewater
CaCity nnomey
FI: Final inspection
AMWC: Water Comp,
FO: Final Occupancy
common areas shall be drought -tolerant. The landscaping for common
areas shall conform to the mitigation measures noted in Table II -7,
Hydrology and Water Quality, of the General Plan 2025. The applicant
shall keep the use of turf grass in common area landscaping and in
other areas to a minimum.
Mitigation Measures
54. Mitigation Measure 1.c.1: The shared driveway shall be of a decorative
BP
PS
1.c.1
nature to minimize the visual impact of the paved area.
55. Mitigation Measure 1.d.1: Exterior lighting shall be limited to wall
BP
PS
1.d.1
mounted building lighting only. All exterior lighting shall be designed to
eliminate any off site glare and shall utilize full cut-off, "hooded" lighting
fixtures to prevent offsite light spillage and glare. Fixtures shall be shield
cut-off type and compatible with historic setting, subject to staff approval.
56. Mitigation Measure 3.b.1: The project shall be conditioned to comply
BP
BS
3.b.1
with all applicable District regulations pertaining to the control of fugitive
dust (PM-) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air
Quality Handbook.
■ Asbestos has been identified by the state Air Resources Board
as a toxic air contaminant. Serpentine and ultramafic rocks are
very common in the state and may contain naturally occurring
asbestos. Under the State Air Resources Board Air Toxics
Control Measure (ATCM) for Construction, Grading, Quarrying,
and Surface Mining Operations, prior to any grading activities at
the site, the project proponent shall ensure that a geologic
evaluation is conducted to determine if naturally occurring
asbestos is present within the area that will be disturbed. If
Naturally Occurring Asbestos (NOA) is found at the site the
applicant must comply with all requirements outlined in the
Asbestos ATCM for Construction, Grading, Quarrying, and
Surface Mining Operations. . If NOA is not present, an
exemption request must be filed with the District. If NOA is
found at the site the applicant must comply with all requirements
outlined in the Asbestos ATCM. This may include development
of an Asbestos Dust Mitigation Plan and an Asbestos Health and
Safety Program for approval by the APCD. Should Naturally
Occurring Asbestos be identified within the area of construction,
and the worked area will be less than or equal to one acre, then
the dust control measures identified below are required. If the
disturbed area is greater than one acre, additional requirements
may include but are not limited to 1) an Asbestos Dust Mitigation
Plan which must be approved by the District before construction
begins, and 2) an Asbestos Health and Safety Program will also
be required for some projects.
■ Dust Control Measures for Construction and Grading Operation
Projects One Acre or Less: No person shall engage in an
170
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•
•
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
6910 Navajoa Ave.
BP: Building Permit
SIP: SubdN'sion
BS: Building Services
FD: Fire Department
Map
Parcel Ma
irnpTentative Mapent lens
FM: Final Map
FIA: Final
CE City EnPD: Police gineer
TPM 20040056
TO: Temporary
Occupancy
WW: Wastewater
CA City Attorney
FI: Final inspection
AMWC: Water Comp.
F0: Final Occupancy
construction or grading operation on property where the area to
be disturbed is one (1.0) acre or less unless all of the following
dust mitigation measures are initiated at the start and maintained
throughout the duration of the construction or grading activity:
(A) Construction vehicle speed at the work site must be limited
to fifteen (15) miles per hour or less;
(B) Prior to any ground disturbance, sufficient water must be
applied to the area to be disturbed to prevent visible
emissions from crossing the property line;
(C) Areas to be graded or excavated must be kept adequately
wetted to prevent visible emissions from crossing the
property line;
(D) Storage piles must be kept adequately wetted, treated with a
chemical dust suppressant, or covered when material is not
being added to or removed from the pile;
(E) Equipment must be washed down before moving from the
property onto a paved public road; and
(F) Visible track -out on the paved public road must be cleaned
using wet sweeping or a HEPA filter equipped vacuum
device within twenty-four (24) hours.
57. Mitigation Measure 4.e.1: The Grading Plan shall identify tree
GP
PS
4.e.1
protection fencing around the dripline of each existing on-site or off-site
native tree within 20 feet of construction activity.
58. Mitigation Measure 4.e.2: Grading and excavation and grading work
GP
PS
4.e.2
shall be consistent with the City of Atascadero Tree Ordinance. Special
precautions when working around native trees include:
7. All existing trees outside of the limits of work shall remain.
8. Earthwork shall not exceed the limits of the project area.
9. Low branches in danger of being torn from trees shall be pruned
prior to any heavy equipment work being done.
10. Vehicles and stockpiled material shall be stored outside the
dripline of all trees.
11. 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.
12. Any roots that are encountered during excavation shall be clean
cut by hand and sealed with an approved tree seal.
171
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
BP: Building Pemtil
BS: Bugling Servbes
6910 Navajoa Ave.
SIP: Subdivision
FD: Fire Department
Tentative Parcel Map
Improvement Plans
FM: Final Map
PD: Polbe Depadment
CE: City Engineer
TPM 2004-0056
TO: Temporary
oceipancy
WW: Wastewater
CA City Attorney
FI: Finalirspeclion
AMWC:Water Conp.
F0: Final Occupancy
59. Mitigation Measure 4.e.3: An arborists report shall be required prior to
GP
PS
4.e.3
project implementation. The report shall identify each native tree proposed
for removal and each tree within the project area subject to potential impact.
The report shall provide recommendations for tree pruning, tree protection
of existing native trees to remain, and identify native tree
impact/replacement mitigation per the Atascadero Municipal Code Section
9-11.5.
60. Mitigation Measure 6.b: The grading permit application plans shall
GP
CE
6.b
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.
61. Mitigation Measure 6.c.d: A soils report shall be required to be
GP
BS
6.c.d
submitted with a future building permit by the building department. The
building plans will be required to follow the recommendations of the soils
report to assure safety for residents and buildings.
62. Mitigation Measure 8.e.f: The developer is responsible for ensuring that
BP
CE
8.e.f
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.
63. Mitigation Measure 11.d: All construction activities shall comply with the
ongoing
BS/PS
ii.d
City of Atascadero Noise Ordinance for hours of operation.
Construction activities shall be limited to the following hours of operation:
• 7 a.m. to 7 p.m. Monday through Friday
• 9 a.m. to 6 p.m. Saturday
• No construction on Sunday
Further, particularly loud noises shall not occur before 8 a.m. on weekdays
and not at all on weekends.
The hours of construction may be modified by the Community Development
Director upon a determination that unusually loud construction activities are
having a significant impact on the neighbors.
Failure to comply with the above-described hours of operation may result in
withholding of inspections and possible construction prohibitions, subject to
the review and approval of the Community Development Director.
A sign shall be posted on-site with the hours of operation and a telephone
number of the person to be contacted in the,event of any violations. The
details of such a sign shall be approved by staff during the Grading
Plan/Building Permit review process.
172
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10
Atascadero City Council
ITEM NUMBER: B-2
DATE: 01/10/06
Staff Report - Community Development Department
Title 9 Planning and Zoning Text Amendment
(ZCH 2005-0106) (Bennet/Norris)
RECOMMENDATION:
Planning Commission recommends Council introduce for first reading by title only,
Draft Ordinance A, approving Zone Change 2005-0106 based on findings.
REPORT -IN BRIEF:
The proposed project consists of a Zoning Text Code Amendment to portions of Title 9,
Planning and Zoning, of the Atascadero Municipal Code to make indoor shooting
ranges a conditionally allowable use.
1. Owners/Applicants: Robert Bennet c/o Fence Factory
2. General Plan Designation:
3. Zoning District:
4. Environmental Status:
2419 Palma Drive, Ventura, CA 93003
William Norris, 4580 Farousse Way
Paso Robles, CA 93446
Commercial Park Districts
Commercial Park Districts
Consistent with Environmental Impact Report
prepared for 2002 General Plan
173
ITEM NUMBER: B - 2
DATE: 01/10/06
DISCUSSION: i
Analysis:
The proposed text amendments consist of adding a conditionally allowable use to the
approved uses in the Commercial Park Zoning District and to expand the definition of
Indoor Recreational Uses. Additions to the existing text are shown as underlined and
highlighted.
Currently, Indoor Recreational Uses are not an allowed use in the Commercial Park
Zoning Districts. The applicants are requesting that the conditionally allowed uses in
the CPK Districts be expanded to include Indoor Recreational uses to facilitate the
development of indoor shooting and archery ranges.
The Police and Fire Departments have reviewed the request and have no concerns
regarding the safety or security of indoor shooting ranges. These ranges typically utilize
manufactured equipment to filter the air and to contain the shells and noise within the
structure.
The Planning Commission held a public hearing for this project on December 6, 2005
and recommends the text change to the City Council. The Commission and publichad
very few questions regarding the proposed text change. Draft minutes from the hearing
are incorporated below:
6. ZONE CHANGE 2005-0106
Owner:
Robert Bennet, c/o Fence Factory, 2419 Palma Drive, Ventura, CA 93003
William Norris, 4580 Farousse Way, Paso Robles, CA 93446
Project Title:
Zone Text Change 2005-0106 Indoor Recreation
Project
All Commercial Park Zoning District within the City of Atascadero, County of San Luis
Location:
Obispo. (See attached map).
Project `
Request to expand the conditionally allowable uses within the Commercial Park Zoning
Description:
District to allow for indoor recreational uses with Planning Commission review.
General Plan Designation: CPK
Zoning District: CPK
Proposed
Categorically exempt.
Environmental
Determination:
Associate Planner Kerry Margason gave the staff report and answered questions of the Commission.
PUBLIC COMENT
William Norris, applicant, answered questions of the Commission.
174
•
ITEM NUMBER: B - 2
DATE: 01/10/06
0 Chairperson Porter closed the Public Comment period.
MOTION: By Commissioner Kelley and seconded by Commissioner Fonzi to adopt
Resolution PC 2005-0101, recommending that the City Council introduce an
Ordinance for first reading, by title only, to approve Zone Change 2005-
0106 based on findings.
Motion passed 4:0 by a roll -call vote.
Indoor Recreational Uses
Following is the proposed addition to the purpose of Indoor Recreation Services:
Article 29. Land Use Descriptions
9-3.701 Purpose.
Indoor Recreation Services. Facilities for various indoor sports and recreation, including:
bowling alleys; ice skating and roller skating; gymnasiums, health and athletic clubs;
tennis, handball, racquetball and similar indoor sports,hootlrg.andarc)heranes:
recreation and community centers.
Commercial Park Zoning Districts (CPK)
The proposed text amendment to CPK use is as follows:
Article 12. CPK (Commercial Park) Zone
9-3.251 Purpose.
This zone is established to provide for large lot commercial and light manufacturing uses.
It is intended that special attention be given to providing for comprehensive development
plans to achieve appropriate functional relationships between various uses and preclude
"piecemeal development of existing larger lots. (Ord. 364 § 2 (part), Exh. B (part), 1999;
Ord. 169 § 2 (part), Exh. B (part), 1988: Ord. 68 § 9-3.251, 1983)
9-3.252 Allowable uses.
The following uses shall be allowed in the Commercial Park Zone. The establishment of
allowable uses shall be as provided by Chapter 2 of this title:
(a) Apparel and finished products;
(b) Accessory storage (see Section 9-6.103);
(c) Broadcasting studios;
(d) Building materials and hardware (see Section 9-6.165);
(e) Business support services;
(f) Contract construction services;
(g) Electronic and scientific instruments;
175
ITEM NUMBER: B - 2
DATE: 01/10106
(h) Farm equipment and supplies;
(i) Food and kindred products (see Section 9-6.128);
0) Fuel and ice dealers (see Section 9-6.129);
(k) Furniture and fixtures;
(1) Horticultural specialties (see Section 9-6.116);
(m) Laundries and dry cleaning plants;
(n) Light repair services;
(o) Mail order and vending;
(p) Roadside stands (see Section 9-6.117);
(q) Schools—business and vocational (see Section 9-6.125);
(r) Small scale manufacturing;
(s) Stone and cut stone products;
(t) Temporary events (see Section 9-6.177);
(u) Temporary or seasonal sales (see Section 9-6.174);
(v) Utility transmission facilities;
(w) Wholesaling and distribution;
(x) The following uses when established in conjunction with a commercial center
containing at least one major commercial tenant with a minimum of twenty thousand
(20,000) square feet of floor area:
(1) Financial services,
(2) Food and beverage retail sales,
(3) Furniture, home furnishings and equipment,
(4) General merchandise store.
(y) Eating and drinking places of up to two thousand five hundred (2,500) square feet;
(z) Office;
(aa) Health care services.
(Ord. 473 § 2 (part), 2005: Ord. 425 § 3, 2003; Ord. 364 § 2 (part), Exh. B (part), 1999:
Ord. 311 § 3, Exh. B (part), 1996: Ord. 169 § 2 (part), Exh. B (part), 1988: Ord. 77 § 1 (1),
1984; Ord. 68 § 9-3.252, 1983)
9-3.253 Conditional uses.
The following uses may be established in the Commercial Park Zone with Planning
Commission approval. The establishment of conditional uses shall be as provided by
Chapter 2 of this title:
(a) Animal hospitals;
(b) Auto repair and services (see Section 9-6.168);
(c) Bar/tavern;
(d) Chemical products;
(e) Concrete, gypsum and plaster products;
(f) Eating and drinking places where areas of use are greater than two thousand five
hundred (2,500) square feet per store;
(g) Eating and drinking places with drive-through facilities;
(h) Glass products;
,i1' I door,recreational =uses
0) Lumber and wood products;
176
ITEM NUMBER: B-2
DATE: 01/10/06
(k) Machinery manufacturing;
(1) Membership organizations;
(m) Mini storage;
(n) Paper products;
(o) Paving materials;
(p) Pipelines;
(q) Plastics and rubber products;
(r) Public assembly and entertainment;
(s) Sales lots (see Section 9-6.139);
(t) Structural clay pottery products;
(u) Textile mills;
(v) Transit stations and terminals;
(w) Vehicle and equipment storage (see Section 9-6.183);
(x) Warehousing;
(y) Auto dealers (new and used) and supplies (see Section 9-6.163). (Ord. 473 § 2 (part),
2005: Ord. 364 § 2 (part), Exh. B (part), 1999: Ord. 349 § 3, 1998; Ord. 311 § 3, Exh. B
(part), 1996: Ord. 169 § 2 (part), Exh. B (part), 1988: Ord. 75 § 2 (3), 1984; Ord. 68 § 9-
3.253, 1983)
9-3.254 Lot size.
The minimum lot size in the Commercial Park Zone shall be two (2) acres. Smaller lot
sizes may be allowed for planned commercial and industrial developments, including
condominiums, where the Planning Commission determines that such smaller lot sizes
will not be detrimental to the purpose and intent of the Commercial Park Zone. (Ord. 364
§ 2 (part), Exh. B (part), 1999: Ord. 169 § 2 (part), Exh. B (part), 1988: Ord. 68 § 9-3.254,
1983)
9-3.255 Development standards.
The following development standards may be modified through the conditional use permit
process.
(a) Customer and employee parking areas designed to have vehicles facing El Camino
Real or the freeway shall be screened with a landscaped berm a minimum of thirty (30)
inches in height_
(b) A minimum freeway setback shall be provided. Said setback shall be landscaped. All
new and existing utilities shall be installed underground. (Ord. 364 § 2 (part), Exh. B
(part), 1999)
177
ITEM NUMBER: B-2
DATE: 01/10/06
CPK Zoning Districts
The zone change would affect the following areas of Atascadero.
178
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ITEM NUMBER: B - 2
DATE: 01/10/06
Proposed Environmental Determination
The proposed text changes are consistent with the Environmental Impact Report
prepared for the City's General Plan and adopted by the City Council in June 2002.
Conclusion
The General Plan has identified Commercial Park (CPK) districts as:
"...areas along the northern portion of El Camino Real to accommodate uses that
require large parcels, such as automobile and mobile home sales, factory outlet centers,
traveler destination and recreation complexes, craft uses, nurseries and planned
commercial developments. Certain types of light industrial uses, including research and
development facilities and clean manufacturing facilities, along with office parks and
business uses may also be appropriate in this area. " (Emphasis added.)
The proposed text amendments are consistent with the General Plan, which is
implemented by the Zoning Ordinance. The proposed changes will allow for indoor
recreational uses, with Planning Commission approval, in areas where lot sizes are
generally large enough to accommodate the larger size buildings needed to facilitate
such uses.
FISCAL IMPACT
None.
ALTERNATIVES
1. The City Council may make modifications to the proposed text amendments.
2. The City Council may determine that more information is needed on some aspect
of the project and may refer the item back to the applicant and staff to develop
the additional information. The Council should clearly state the type of
information that is required and move to continue the item to a future date.
3. The City Council may deny the project. The Council should specify the reasons
for denial of the project and recommend an associated finding with such action.
ATTACHMENTS:
Attachment 1: Draft Ordinance A
179
ATTACHMENT 1: Draft Ordinance A
DRAFT ORDINANCE A
ITEM NUMBER: B - 2
DATE: 01/10/06
ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA,
APPROVING ZONE CHANGE 2005-00106 AMENDING ATASCADERO
MUNICIPAL CODE SECTIONS 9-3.701 AND 9-3.253
EXPANDING THE DEFINITION OF INDOOR RECREATIONAL USES
AND CONDITIONALLY ALLOWING INDOOR RECREATIONAL USES
IN THE COMMERCIAL PARK ZONING DISTRICTS (CPK)
(Bennet/Norris)
The City Council hereby finds and declares as follows:
WHEREAS, an application has been received from Robert Bennet, c/o Fence Factory,
2419 Palma Drive, Ventura, California 93003, to consider Zone Change Text Amendments to
conditionally allow indoor recreational uses in the Commercial Park (CPK) Zoning Districts;
and,
WHEREAS, the project is consistent with the Environmental Impact Report (EIR)
prepared for the City's General Plan, adopted in June 2002, whereby the EIR assessed, impacts
associated with "recreational complexes" in the CPK land use designated areas; and,
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact this amendment to the Zoning Code Text to protect the health, safety, and welfare
of its citizens by applying orderly development and expanding housing opportunities within the
City; and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality. Act (CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone
Change application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendments;
and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on December 6, 2005, studied and considered Zone Change 2005-0106; and,
•
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ITEM NUMBER: B - 2
DATE: 01/10/06
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on January , studied and considered Zone Change 2005-0106; and,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Findings for Approval of Zone Text Change 2005-0106. The City
Council finds as follows:
1. The Zone Change is consistent with General Plan policies and all other applicable
Ordinances and policies of the City.
2. Amendment of the Zoning Ordinance will provide for the orderly and efficient use of
lands where such development standards are applicable.
3. The Zone Change will not, in itself, result in significant environmental impacts.
4. The Zone Change is consistent with the Environmental Impact Report, adopted in
June 2002, prepared for the City's General Plan, which considered Recreational
Complexes in the Commercial Park Zoning Districts.
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular
session assembled on January , 2006 resolved to introduce for first reading by title only, an
ordinance that would amend the City Zoning code text as follows:
Article 29. Land Use Descriptions
9-3.701 Purpose.
Indoor Recreation Services. Facilities for various indoor sports and recreation, including:
bowling alleys; ice skating and roller skating; gymnasiums, health and athletic clubs;
tennis, handball, racquetball and similar indoor sports; 6j,-An'd arc'hery ranges;
recreation and community centers.
Article 12. CPK (Commercial Park) Zone
9-3.251 Purpose.
This zone is established to provide for large lot commercial and light manufacturing uses.
It is intended that special attention be given to providing for comprehensive development
plans to achieve appropriate functional relationships between various uses and preclude
"piecemeal" development of existing larger lots. (Ord. 364 § 2 (part), Exh. B (part), 1999:
Ord. 169 § 2 (part), Exh. B (part), 1988: Ord. 68 § 9-3.251, 1983)
9-3.253 Conditional uses.
181
ITEM NUMBER: B - 2
DATE: 01110/06
The following uses may be established in the Commercial Park Zone with Planning
Commission approval. The establishment of conditional uses shall be as provided by
Chapter 2 of this title:
(a) Animal hospitals;
(b) Auto repair and services (see Section 9-6.168);
(c) Bar/tavern;
(d) Chemical products;
(e) Concrete, gypsum and plaster products;
(f) Eating and drinking places where areas of use are greater than two thousand five
hundred (2,500) square feet per store;
(g) Eating and drinking places with drive-through facilities;
(h) Glass products;
01)-Andoor :recreational :uses
0) Lumber and wood products;
(k) Machinery manufacturing;
(1) Membership organizations;
(m) Mini storage;
(n) Paper products;
(o) Paving materials;
(p) Pipelines;
(q) Plastics and rubber products;
(r) Public assembly and entertainment;
(s) Sales lots (see Section 9-6.139);
(t) Structural clay pottery products;
(u) Textile mills;
(v) Transit stations and terminals;
(w) Vehicle and equipment storage (see Section 9-6.183);
(x) Warehousing;
(y) Auto dealers (new and used) and supplies (see Section 9-6.163). (Ord. 473 § 2 (part),
2005: Ord. 364 § 2 (part), Exh. B (part), 1999: Ord. 349 § 3, 1998; Ord. 311 § 3, Exh. B
(part), 1996: Ord. 169 § 2 (part), Exh. B (part), 1988: Ord. 75 § 2 (3), 1984; Ord. 68 § 9-
3.253, 1983)
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.
182
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ITEM NUMBER: B - 2
DATE: 01/10/06
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
WN
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Patrick Enright, City Attorney
Tom O'Malley, Mayor
183
Atascadero City Council
Staff Report - City Manager's Office
ITEM NUMBER: C-1
DATE: 1/10/06
Review of Solid Waste Collection Services
RECOMMENDATION:
Council direct staff on how to proceed regarding the City's contract with Atascadero
Waste Alternatives.
DISCUSSION:
The City's solid waste collection services are currently provided by Atascadero Waste
Alternatives (AWA), an affiliate of Waste Management. AWA has been providing these
services to the City since 1996 when AWA took over an existing agreement with Wil -
Mar Disposal, Inc. The existing agreement (Attachment 1) covers the work being
performed, the term, calculation of user charges and establishes a franchise fee
payment to the City of 5% of gross receipts.
The agreement between the City and AWA has been in effect for ten years and it may
be prudent to review the quality. of services being received by AWA, the rates being
charged, and the amount of franchise fees being paid. This evening staff is asking the
City Council if the agreement with AWA should continue to be in effect, if the existing
agreement should be renegotiated or if other alternatives should be explored.
The agreement with AWA does not expire but automatically renews on May 1 st of each
year unless the City notifies AWA at least three months prior to May 1 st of its intent to
re-examine the term of the Agreement. Therefore, if the City wishes to look into other
options or renegotiate the existing agreement, the City would need to notify AWA by
February 1, 2006 and a process to identify other possible service providers would need
to begin.
ATTACHMENT:
1. Solid Waste Collection Franchise Agreement
185
CONTRACT N,-. 96011
* I
SOLID WASTE COLLECTION FRANCHISE AGREEMENT
THIS FRANCHISE AGREEMENT, made and entered :into this 1st day
of May, 1996, by and between the CITY OF ATASCADERO, apolitical
subdivision of the State of California, hereinafter called "City",
and ATASCADERO WASTE ALTERNATIVES, INC., a California Corporation,
the successor in interest to WIL-MAR DISPOSAL COMPANY, INC., a
California Corporation, hereinafter called "Franchisee".
Witnesseth
For and in consideration of the payments to be made by
Franchisee to City, and in further consideration of the full and
faithful performance by Franchisee of all terms, covenants, and
conditions of this agreement, as well as complete compliance with
the laws of the State of California and all pertinent present and
future ordinances and resolutions of the City;
It is mutually agreed as follows:
1. Scope of Work. Franchisee shall provide all labor,
materials, tools, and equipment necessary to perform all work
required to collect and haul solid waste and curbside recyclables
from locations within the City in accordance with this Agreement.
(a) Collection and hauling of non-putrescible demolition
and construction wastes shall be excepted from the scope of work as
described above.
2. Term. The term of this agreement, originally entered into
for a period of seven (7) years from October 1, 1991, and
thereafter extended for a period of three (3) years, shall continue
for seven (7) years from May 1, 1996.
3. Extension of Term: On the first day of May of each year,
commencing May 1, 1997, the term of this Agreement shall be
extended for one (1) year, unless one of the following conditions
shall occur:
a. City shall notify Franchisee at least three (3)
months prior to May 1 of its intent to reexamine the term of the
Agreement, or
b. Franchisee shall notify City at least three (3)
months prior to May 1 of its intent to request reexamination of the
term of the Agreement.
1
4. Termination of Agreement. Notwithstanding any other
provision of this Agreement to the contrary, this Agreement may be
terminated in any of the following ways:
(a) Pursuant to specific provisions of this Agreement
providing for such termination, and/or
(b) Upon mutual written agreement of the parties hereto;.
(c) By operation of law; and/or
(d) As a result of a material breach of this Agreement
by either party.
S. Franchise Fee. During the term of this Agreement,
Franchisee shall pay to the City a sum equal to five percent (5%)
of Franchisee's gross receipts derived from its franchised solid
waste collection operations conducted within the City pursuant to
this Agreement. For the purpose of this Agreement, "gross
receipts" shall mean any and all forms of compensation and funds,
including but not limited to cash, check or credit card, actually
received by Franchisee from any person arising out of the
Franchisee's franchised operations conducted within the City
pursuant to this Agreement. The Franchise Fee shall be paid to
City by Franchisee monthly on the fifteenth (15th) calendar day of
each month during the term hereof.
Upon notice to Franchisee given three (3) months in
advance, City may change the franchise fee percentage.
6. Charges. Franchisee shall be permitted to make such
charges for its Services as hereinafter provided:
A. Residential and Commercial Charges.
(i) Rates shall be adjusted annually according to
the CPI commencing May 1, 1996. Commencing May 1, 1996, the
current monthly service rate shall be charged for a four (4) week
cycle, and shall be billed every eight (8) weeks.
The CPI adjustment to be applied shall be the annual
change in the United States Department of Labor Consumer Price
Index for Los Angeles -Anaheim -Riverside, All Urban Consumers,
hereinafter and hereinabove referred to as CPI, measured October to
October applied as a percentage of the above referenced rates. In
no event shall the annual adjustment exceed five percent {50)
Such rate base shall not be changed by .any future
tipping fee adjustments.
(ii) Residential rates shall be rounded to the
nearest $.05 and shall exclude the curbside recycling portion of
refuse collection rate in applying the above formula; however, said
surcharge shall be added to the rate determined by applying the
formula. Commercial rates shall be rounded to the nearest $1.00 or
such other amount as may be mutually agreed upon by the City and
Franchisee.
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(iii) Said adjustment in residential and commercial
refuse collection rates shall be effective on the first billing
cycle following the effective date of the adjustment. Residential
accounts are billed every eight (8) weeks. Commercial accounts are
billed every four (4) weeks.
(iv) Franchisee shall provide notice as soon as
possible to its residential and commercial customers of rate
adjustments at least one (1) month prior to the effective date of
said adjustment.
(v) The updated rate schedule shall be submitted
to the City as an information item at least one (1) month prior to
implementing the rate change.
B. Tipping Fee Adjustments.
( i ) Weight: In the event landfill tipping fees are
determined by weight, then for each $1.00/ton change in the
landfill tipping fee, residential and commercial refuse collection
rates shall be adjusted according to the following formula:
annual ton/prior 12 months of FRANCHISEE'S revenue for
annual revenue/prior 12 months = $1.00/ton tipping fee change
approved tipping fee % of change current adjustment to
increase or _ multiplier x rate add or subtract
decrease per ton from rate
(ii) Volume: In the event landfill tipping fees are
determined by volume, then for each $1.00/yard change in the
landfill tipping fee, residential and commercial refuse collection
rates shall be adjusted according to the following formula:
e
annual yard/prior 12 months of FRANCHISEE'S revenue for
annual revenue/prior 12 months $1.00/yard tipping fee change
approved
tipping fee
% of change current
adjustment to
increase
or =
multiplier x rate =
add or subtract
decrease
per yard
from rate
(iii) City reserves the right to review the basis
for tipping fee adjustments approved by the Board of Supervisors or
other governing body.
(iv) Franchisee shall provide to City a copy of a
Landfill's request for a change in the tipping fees no later than
five (5) days following receipt of knowledge by Franchisee of
request to the County of San Luis Obispo or any other governing
body.
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(v) Franchisee shall notify City of action taken
by the Board of Supervisors or any other governing body regarding
said request within five ( 5 ) days following Franchisee's receipt of
knowledge of said action.
7. Filing of Statements. Audits. Franchisee shall, on or
before the fifteenth (15th) day of each calendar month occurring
during the term hereof, file with the Director of Finance of the
City a verified Statement of Gross Receipts ("Statement") actually
received by Franchisee during the immediate preceding calendar
month. Each such Statement shall be verified on behalf of the
Franchisee by a person designated for such purpose by the
Franchisee. The City shall have the right to inspect, review, and
audit, at any reasonable time, upon not less than twenty-four (24)
hours written notice to Franchisee, any and all of the Franchisee's
books or records to determine the accuracy of the contents of any
Statement. The City shall also have the right to order an audit,
conducted by a qualified independent auditor selected by the City,
of the Franchisee's books and records to determine the accuracy of
the Statements filed with the City. If any City ordered audit
discloses an understated amount of Gross Receipts on any Statement,
equaling three percent (30) or.more during any reporting period,
the cost of the audit shall be borne exclusively by the Franchisee;
in all other cases such audit costs shall be borne by the City.
8. Compliance with Applicable Law. Franchisee, in
performance of its duties pursuant to the provisions of this
Agreement, shall comply with all applicable laws, including, but
not limited to: the Atascadero Municipal Code, and Regulations
adopted by the City Manager of City Council pursuant to State and
Federal Law. The provisions of the Atascadero Municipal Code, as
they now exist or may hereafter be adopted and/or amended, shall be
deemed to be a part of this Agreement as if set forth herein in
full.
Franchisee shall, at all times during the term or terms of the
Agreement pay all sums required as and -for Business License Taxes
due pursuant to the provisions of the code.
9. Services. Franchisee agrees that during the term of this
Agreement Franchisee will provide the services, as described in the
Code, the Regulations, and this Agreement, including the collection
and disposal of all solid waste and curbside recyclables generated
within the City by its customers, excepting only those functions
set forth at l(a) above, in the time and manner set forth in this
Agreement, the Code, and the Regulations.
10. Administration of Contract.
(a) Responsible City Officer. The City Manager of City
is hereby designated as the City Officer responsible for the
administration 'of this Agreement. The Franchisee shall obey all
40 4
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lawful orders, directions, and instructions issued by the City
Manager with reference to the provisions of this Agreement. 0
(b) Responsible Franchisee Employee. The Franchisee
shall, in writing, contemporaneously with the execution of this
Agreement, designate a qualified person who shall be the
responsible officer or employee of Franchisee for the purpose of
administration of this Agreement. Such person shall be authorized
by Franchisee to act on behalf of Franchisee, including, but not
limited to, accepting all notices given by the City with reference
to this Agreement.
(c) Interpretations. Orders. If at any time during the
term of this Agreement the City Manager issues to Franchisee any
written interpretation of this Agreement or any order, instruction,
or direction relating to the Franchisee's services provided
pursuant to this Agreement (collectively "Order"), which Franchisee
believes is improper or not within the scope of its duties imposed
pursuant to this Agreement, Franchisee may, within ten (10)
consecutive working days following service upon Franchisee of the
City Manager's Order, have the right of appeal to the City Council
with reference to the issuance of such order. The City Clerk upon
receipt of such a request for review by ,the Franchisee shall place
the matter on the next most convenient agenda of the City Council
for consideration. The Franchisee shall be given not less than ten
(10) consecutive working days notice by the City Clerk of the time
and place of the hearing upon its request for review of the City.
Manager's Order. The City Council at the time of such .hearing
shall permit the Franchisee and any other interested person, a
reasonable opportunity to be heard on the question of the
appropriateness of the City Manager's Order. Thereafter, based
upon its review, the City Council shall affirm, modify, or
disaffirm the City Manager's Order. The City Council's decision
shall be final and conclusive.
11. Recycling Plans. The Franchisee, in the performance of
its obligation pursuant to this Agreement, shall comply with any
and all provisions of any recycling plan or plans or programs
(collectively "Plan") adopted by the City during the term or terms
of this Agreement.
12. Assignment. The Franchisee shall not assign any of its
obligations imposed pursuant to the provisions of this Agreement
without the prior written consent of the City Council of City
expressed by resolution. The consent of the City Council shall not
be unreasonably withheld, provided that in determining whether or
not to consent to such assignment, the City Council may consider
all relevant factors relating thereto, including, but not limited
to, the qualifications, experience, and financial responsibility of
the prospective assignee. Assignment of an obligation to a
corporate entity in which the Franchisee holds a majority control
shall not be considered an assignment requiring written consent of
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the City Council. Transfer of twenty-five percent (25%) or more of
shares of corporate Franchisee shall be considered an assignment
requiring prior consent of the City Council.
13. Direction to Landfill. After due consideration of all
relevant factors, the City Council may request Franchisee to
utilize a specific legally permitted landfill.
In the event the City Council makes such a request, expressed
by resolution, Franchisee shall give great weight to the City
Council's request.
Franchisee shall indemnify and hold City harmless as a result
of such request if City is found to be an arranger pursuant to
State or Federal law.
14. Extraordinary Review. In the event extraordinary
circumstances arise which would cause economic hardship to
Franchisee, a special request can be made for rate review. In
such case, Franchisee shall present information substantiating the
need for extraordinary relief.
In the event that rates are approved based upon extraordinary
need, Franchisee may be required periodically to submit evidence
that the reason for extraordinary relief provided continues to
exist. .
15. Exclusivity. This Agreement is intended by the parties,
to the extent permitted by law, to designate the Franchisee as the
exclusive Franchisee for the purpose of providing, on an exclusive
basis, the services provided herein to the owners and/or occupants
of all real property located within the City.
16. Temporary Default by Franchisee. Costs. Liquidated
Damages. Termination.
(a) Temporary Default. If Franchisee, for any reason,
ceases to perform the services in accordance with the provisions of
this Agreement and the Code, the City Manager may take the steps
necessary to temporarily provide the services by City or other
entities engaged by the City Manager. The City shall be entitled
to provide such services and thereafter charge the ,Franchisee for
the costs of such services, including, but not limited to,
administrative overhead, determined in accordance with City's
standard accounting practices.
(b) Liquidated Damages. In the event Franchisee ceases
to provide the services, the Franchisee shall pay to City a sum, as
and for liquidated damages, in an amount equal to the Franchisee's
average daily gross receipts for each calendar day during which
City is required to perform such services pursuant to this Section
is16. The parties agree and acknowledge that in the event of such
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191
default by Franchisee, the actual damages to the City, as a result
of such default, in addition to the out-of-pocket cost to City of
providing the services, would be difficult, if not impossible, to
ascertain, and therefore the parties have negotiated this
liquidated damage provision and have agreed that a sum equal to the
Franchisee's average daily gross receipts per calendar day for each
day during which such default occurs, represents a reasonable sum,
to be paid by Franchisee to City as and for liquidated damages for
each day of such temporary default for a period not in excess of
thirty (30) consecutive calendar days. The parties have agreed
upon the foregoing as a liquidated damage provision, and not as a
penalty. "Average daily gross receipts" shall be determined for
the purpose of this section based upon the total amount of
Franchisee's Gross Receipts for the three (3) calendar months
immediately preceding the calendar month during which Franchisee
ceases to provide the services, divided by the number of calendar
days included in such three-month period.
(c) Termination. If such a period of temporary default
continues for more than thirty ( 3 0 ) consecutive calendar days, City
shall have the right to terminate this Agreement forthwith, and in
addition to damages and costs it is entitled to, pursuant to
subsections (a) and (b) of this Section 16, City shall be entitled
to its actual damages resulting from such breach by Franchisee
occurring after termination by City including, but not limited to,
all costs incurred by City in obtaining a new Franchisee; all costs
incurred in providing the services after the effective date of the
termination until a new exclusive Franchise Agreement has been.
executed and is in full force and effect; all increased costs of
services during the remaining term of this Agreement as of the date
of its termination; and all City administrative overhead costs
incurred as a result of such termination, including, but not
limited to, fees for City's attorney's services. Upon receipt of
invoice for such Costs, the Franchisee shall pay the same within a
period of ten (10 ) days. -
17. City Facilities. Franchisee, at its sole expense, shall
collect solid waste from the City facilities enumerated and
described on Exhibit A, attached hereto and incorporated herein by
this reference, excepting therefrom the collection of non
putrescible demolition and construction waste.
18. City -Wide Special Events. Franchisee, at its sole
expense, shall provide such equipment and services as deemed
necessary by the City Manager for one (1) City -Wide City sponsored
Solid Waste Collection special event per year. Such equipment and
services shall consist of, but not be limited to, recycling bins,
roll -offs, extra receptacles, and bins as determined by the City
Manager to be necessary. The locations and the specific day upon
which the special event shall take place shall be established by
the City Manager.
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19. Franchisee Employees. Conduct.
0 (a) Franchisee shall require all employees to wear
clean, neat, presentable uniforms.
(b) The Franchisee shall perform the services in a
manner which will cause the least possible interference with or
annoyance to the public. All Franchisee's employees shall be
instructed to be courteous and responsive to the public.
20. Local Offices and Telephone Service. Franchisee shall,
at all times during the term hereof, maintain a local office.
Franchisee shall maintain the office open and available at all
times, Mondays through Fridays, holidays excluded, between the
hours of 9:30 a.m. to 4:30 p.m.
21. Conduct of Services. The Franchisee shall conduct its
operations hereunder in such a manner so as to cause as little
inconvenience as is possible to the public, and to that end, the
following rules shall be observed:
(a) All services shall be conducted between 6:30 a.m.
and 7:00 p.m. in residential areas and 6:00 a.m. and 9:00 p.m. in
commercial areas.
(b) After a solid waste receptacle has been emptied into
a solid waste truck, it shall be replaced in an upright position at
the place where presented for collection, as :prescribed by the Code
and this Agreement; and
(c) Solid waste receptacles shall not be thrown from a
truck to the ground, but placed on the ground in a manner that will
prevent damage to the receptacles. The Franchisee shall take all
steps necessary to ensure that the receptacles are treated by its
employees and agents in a reasonable manner so as to prevent damage
and destruction thereto; and
(d) Franchisee shall cause all spills of solid waste
occurring during the collection process to be cleaned up,
forthwith, by its employees.
22. Complaint Procedure. Franchisee shall be obligated to
take all steps reasonably necessary and required to satisfy
customer service complaints. Franchisee shall maintain a complaint
log, in a form approved by the City Manager. Where a particular
complaint cannot be amicably resolved, the matter may be referred
by the Franchisee or by this customer to the City Manager. The
City Manager, or his designee, shall take such steps as may be
necessary to conduct an adequate investigation of the circumstances
surrounding such complaint, and based thereon, resolve the dispute.
The City Manager's decision with reference thereto shall be binding
upon the parties to the dispute and shall be final and conclusive.
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23. Status of Franchisee. Franchisee, for all purposes,
shall be deemed to be an independent contractor and shall conduct
its operations pursuant to the provisions of this Agreement in that
said capacity.
24.- Insurance Coverage. With respect to performance of work
under this Agreement, Franchisee shall maintain, at all times
during the term hereof, insurance as described below:
(a) Workers' Compensation insurance with statutory
limits, and employer's liability insurance with limits as approved
by City per accident; and
(b) Comprehensive general liability insurance with a
combined single limit not less than an amount approved by the City
Manager, per occurrence. Such insurance shall include
products/completed operations liability, broad form property damage
coverage, and explosion and collapse and underground hazard
coverage. Such insurance shall:
(i) name as insureds City, its appointed and
elected officials, officers, employees and agents;
(ii) be primary with respect to any insurance or
self-insurance programs maintained by the City;
(iii) contain standard cross liability provisions;
and
(c) Comprehensive vehicle. liability insurance with a
combined single limit not less than_an amount approved by the City
Manager, per occurrence. Such insurance shall include coverage for
owned, hired, and non -owned vehicles.
The City Manager shall have the right of approval of insurance
carriers issuing policies pursuant to this Agreement. Franchisee
shall file with the City Clerk properly executed certificates of
insurance in a form approved by the City Attorney of City,
contemporaneously with execution of this Agreement. Certificates
shall clearly evidence the existence of all coverage required above
and shall provide that the coverage shall not be terminated or
materially altered except after at least thirty (30) days prior
written notice to City. Franchise shall replace such certificates
for policies expiring prior to the termination or expiration of
this Agreement.
If Franchisee, for any reason, fails to maintain insurance
coverage required pursuant to this Agreement, the same shall deemed
a material breach of contract. City, at its sole option, may
forthwith terminate this Agreement and obtain all damages from the
Franchisee resulting from said breach. Alternatively, City may
purchase such required insurance coverage on behalf of Franchisee
and, upon notice, Franchisee shall forthwith reimburse City for all
costs for obtaining such coverage, including all premium costs
advanced by City for such insurance coverage.
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25. Performance Bond. Franchisee, at its sole expense, shall
furnish to City, at all times during the term of this Agreement, a
Performance Bond to assure the faithful performance of Franchisee's
obligations under this Agreement. Such bond shall be executed by
a surety company licensed to do business in the State of California
and approved by the City. Such bond shall be issued in a form
approved by the City and shall be in the penal sum of Fifty
Thousand Dollars ($50,000.00).
26. Indemnity. Notwithstanding the existence of insurance
coverage required of Franchisee pursuant to this Agreement,
Franchisee shall save, keep, indemnify, hold harmless, and defend
City and its respective appointed and elected officials, officers,
employees, and agents ("Indemnified Parties"), from any and all
claims, demands or judgment, in f avor of any person, for injury to,
or the death of, any person, and/or damage to real or personal
property, including all costs and expenses incurred in the defense
thereof, occurring or arising out of the performance by Franchisee,
its officers, agents, employees, including but not limited to, its
City approved assignees or subcontractors (hereinafter collectively
"Franchisee"), of the services required of Franchisee pursuant to
this Agreement, occasioned by any act or omission to act where a
duty to act exists, by the Franchisee, including, butnot limited
to, any such liability imposed by reason of any infringement or
alleged infringement or rights of any person in consequence of the
use in the performance by Franchisee or the work hereunder, or any
article, material, or supplies used or installed pursuant to this
Agreement; and any such liability arising under or pursuant to any
federal, state or local law.
27. Replacement Vehicles. The City Manager may instruct the
Franchisee to cease using, and Franchisee shall not use, any motor
vehicle in the performance of services hereunder which the City
Manager reasonably believes is unsafe or which does not comply with
the provisions of this Agreement or any applicable law.
28. Vehicle Inventory. Franchisee shall annually furnish the
City Manager with an inventory of vehicles used by the Franchisee
in the performance of services hereunder, and shall update the
inventory as changes in equipment are made. Such inventory shall
include the type and capacity of each vehicle, the number of
vehicles and in the case of vehicles acquired by Franchisee after
the commencement of this Agreement, the date of acquisition.
29. Status of Solid Waste and Curbside Recyclables. All
solid waste and curbside recyclables collected pursuant to this
Agreement shall be deemed to be the property of the Franchisee as
of the time the same is placed for collection by the owner and/or
occupant of the Lot upon which the same was generated, unless
otherwise determined by the City Council, at its sole discretion.
30. Attorney's Fees. Should litigation, including
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arbitration, be reasonably required to enforce any of the
provisions of this Agreement, the prevailing party in such
litigation shall be entitled to receive an award of attorney's fees
in such amount as may be set in the discretion of the court.
31. Notices. Notice given pursuant to this Agreement shall
be in writing, and shall be given by personal service upon the
party to be ratified, or by United States Postal Service or its
lawful successor, postage prepaid, addressed as follows:
To City: City Manager
City of Atascadero
6500 Palma Avenue
Atascadero,CA 93422
To Franchisee: Atascadero Waste Alternatives, Inc.
5835 Traffic Way
Atascadero, CA 93422
Notice shall be deemed to have been given hereunder as of
the date of personal service, or two (2) consecutive calendar days
following the date of deposit of the same in the custody of the
United States Postal Service.
32. Debt to City. Interest. Collection. Any sum due to
City from Franchisee pursuant to the provisions of this Agreement,
shall be due and payable as is provided in this Agreement or as
established by the City Manager. All sums due to City from
Franchisee shall bear interest at twelve percent (120) as of the
due date of the indebtedness. Notwithstanding the foregoing, no,
interest rate shall exceed the maximum permitted by law.
33. Annexation of Territory. In the event territory is
annexed to the City,and if immediately prior to such annexation,
solid waste collection services were provided by a solid waste
collector, other than Franchisee, authorized to perform such
services by the local agency having jurisdiction over such
territory prior to annexation, then such authorized solid waste
collector may continue to provide solid waste collection service in
the territory for up to three (3) years from the date of
annexation. Under such circumstances, the annexed territory shall
not be deemed a portion of the City for the purpose of this
Agreement until the expiration of the three (3) years. If the
solid waste collector authorized to perform collection services
prior to annexation is the Franchisee, then such territory shall be
deemed a part of the City for the purpose of this Agreement.
34. Law to Govern. It is understood and agreed by the
parties hereto, that the laws of the State of California shall
govern the rights, obligations, duties and liabilities of the
parties to this. Agreement.
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35. Binding Effect on Agreement. This Agreement shall be
binding upon the parties hereto and upon all of their lawful
successors in interest.
36. Location of New Facilitv. Franchisee shall seek advice
and consent of the City Manager prior to consummation of a purchase
or lease ofreal property to be used for a recycling facility or
other solid waste facility.
37. Entirety. The parties agree that this Agreement
represents the full and entire Agreement between the parties hereto
with respect to matters covered herein.
38. Novation. As of the effective date of this Agreement,
all prior Agreements for collection of solid waste existing between
the parties hereto shall be deemed terminated and of no further
force or effect. This novation clause shall not have effect of
terminating or affecting any claim either party hereto may have
against the other, or against any third person, pursuant to any
such prior Agreement.
39. Survivability. Notwithstanding the termination of this
Agreement pursuant to the provisions hereof, and/or the provisions
of applicable law, the right of the parties hereto to prosecute
legal claims against each other and against third parties shall
survive such termination and shall not be affected by such
termination.
40. Effective Date. The Effective Date of this Agreement
shall be April 9 , 1996
The parties hereto have caused this Agreement to be executed
by their respective authorized representatives.
CITY OF ATASCADERO
G8ORGE V. HIGHLANe Mayor
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ATASCADERO WASTE ALTERNATIVES,
INC.
THOMAS R. WALTERS, P es dent
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APPROVED AS TO CONTENT:
U ATTEST:`
ANDREW J., -T TA City Manager
LEE P ICE City Clerk
APPROVED AS TOFORM:
6ity Attorney
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