HomeMy WebLinkAboutAgenda Packet 01/24/2006•
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CITY OF A TA SCA DERO
CITY COUNCIL
AGENDA
Tuesday, January 24, 2006
7:00 P.M.
City Hall
Council Chambers
6907 EI Camino Real
Atascadero, California
PLANNING COMMISSION INTERVIEWS: 5:30 P.M.
REDEVELOPMENT AGENCY: 6:30 P.M.
REGULAR SESSION: 7:00 P.M.
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Pacas
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 for the record
before making your presentation. The Council may take action to direct the staff to
• place a matter of business on a future agenda. A maximum of 30 minutes will be
allowed for Community Forum, unless changed by the Council.)
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APPROVAL OF AGENDA: Roll Call
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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.)
PRESENTATION:
1. Proclamation Declaring February 2006 "Grand Jury Awareness Month".
A. CONSENT CALENDAR: (All items on the consent calendar are considered to
be routine and non -controversial by City staff and will be approved by one motion
if no member of the Council or public wishes to comment or ask questions. If
comment or discussion is desired by anyone, the item will be removed from the
consent calendar and will be considered in the listed sequence with an
opportunity for any member of the public to address the Council concerning the
item before action is taken.)
1. City Council Meeting Minutes — December 13, 2005
■ City Clerk Recommendation: Council approve the City Council meeting is
minutes of December 13, 2005. [City Clerk]
2. California Cultural and Historical Endowment (CCHE) Grant Application
(Historic City Hall Restoration)
■ Fiscal Impact: Possibility of up to $3,000,000 in grant funding for the
restoration of Atascadero's historic City Hall.
■ Recommendations: Council:
1. Adopt Draft Resolution approving the grant application for California
Cultural and Historical Endowment (CCHE) funds for restoration of the
historic City Hall; and,
2. Authorize the Administrative Services Director to execute a contract
with the California Cultural and Historical Endowment if the City is
awarded said grant. [Administrative Services]
3. Second Readina: ZCH 2004-0087/CUP 2004-0133/TPM 2004-0056 6910
Navaioa)(Vaughn and Young) Construction of Four (4) Detached Single -
Family Dwellings
■ Fiscal Impact: None.
■ Recommendation: Council adopt on second reading, by title only, Draft
Ordinance A approving Zone Change 2004-0087 based on findings.
[Community Development] 0
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4. Second Readina: Title 9 Planning and Zoning Text Amendment / ZCH
2005-0106 (Bennet/Norris) Conditionally Allow Indoor Shooting and
Archery Ranges
■ Fiscal Impact: None.
■ Recommendation: Council adopt on second reading, by title only, Draft
Ordinance A approving Zone Change 2005-0106 based on findings.
[Community Development]
5. Off -Site Beer and Wine Sales License Determination (7600 EI Camino_
Real, Suite #1) (Perry's Parcel and Courier Service)
■ Fiscal Impact: None.
■ Recommendation: Council determine that public convenience or
necessity would be served by the issuance of an off-site beer and wine
sales license to Perry's Parcel and Courier Service. [Community
Development]
6. Police Vehicle Mobile Data Computer System
■ Fiscal Impact: $97,551.00 provided by Supplemental Law Enforcement
Service Fund (SLESF) grant funds designated for this purpose.
■ Recommendations: Council:
1. Authorize the purchase of six (6) complete Mobile Data Computer
(MDC) systems to be purchased from and installed by CDCE, Inc.;
and,
• 2. Authorize the purchase of mobile Computer Aided Dispatch (CAD)
software, message switch and six software licenses from Executive
Information Services, Inc. (EIS). [Police]
B. PUBLIC HEARING:
1. 7705 Navaioa Avenue Planned Development: ZCH 2004-0092 /
CUP 2004-0139 / TTM 2004-0060 (Tanner / Fragione) Five (5) Unit
Detached Residential
• Disclosure of Ex Parte Communications
■ Fiscal Impact: None.
■ Recommendations: Planning Commission Recommends: Council:
1. Adopt Draft Resolution A certifying Proposed Mitigated Negative
Declaration 2005-0058; and,
2. Introduce for first reading, by title only, Draft Ordinance A approving
Zone Change 2005-0092 based on findings; and,
3. Adopt Draft Resolution B approving Conditional Use Permit 2004-0;139
(Master Plan of Development) based on findings and subject to
Conditions of Approval and Mitigation Monitoring; and,
4. Adopt Draft Resolution approving Vesting Tentative Tract Map 2004-
0060 based on findings and subject to Conditions of Approval and
• Mitigation Monitoring. [Community Development]
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2. Road Abandonment 2004-0015: Request to Summarily Vacate an
Undeveloped Alley (EI Camino Real/Principal Avenue)(Westpac
Investments, Inc. / The Wallace Group)
■ Disclosure of Ex Parte Communications
■ Fiscal Impact: None.
■ Recommendation: Planning Commission recommends Council adopt
Draft Resolution A summarily vacating an unconstructed alley right-of-way
based on findings and subject to conditions of approval. [Community
Development]
3. Community Facilities District 2005-1 / Annexation #1
■ Fiscal Impact: None.
■ Recommendations: Council:
1. Adopt Resolution A, authorizing Annexation #1 to Community Facilities
District No. 2005-1 (Public Services); and,
2. Adopt Resolution B, calling a special election and submitting to the
voters of the City of Atascadero Community Facilities District No. 2005-
1 (Public Services) Annexation #1 propositions regarding the annual
levy of special taxes within the Community Facilities District to finance
police services, fire protection and suppression services, and park
services therein, and the establishment of an appropriations limit; and,
3. Adopt Resolution C, declaring the results of the special elections for
the City of Atascadero Community Facilities District No. 2005-1 (Public
Services) Annexation #1 County of San Luis Obispo, State of
California, on the propositions with respect to (i) the annual levy of
special taxes, and (ii) the establishment of an appropriations limit, and
authorizing the recordation of the notice of special tax lien. [
C. MANAGEMENT:
1. Solid Waste Collection Services: Response to Council Questions
■ Recommendation: Council direct staff on how to proceed regarding the
City's contract with Atascadero Waste Alternatives. [City Manager]
2. Customer Service Initiative
■ Fiscal Impact: Funds are available in the 2005-07 budget for the customer
service initiative.
■ Recommendation: Council receive, comment on, and file this report. [City
Manager]
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• 3. Citywide Annexation Area / Community Facilities District No. 2005-1
■ Fiscal Impact: None.
■ Recommendations: Council:
■ 1. Adopt Draft Resolution A, adopting a boundary map showing the
boundaries of the territory proposed for possible future to Community
Facilities District No. 2005-1 (Public Services); and,
2. Adopt Draft Resolution B, declaring Council's intention to authorize the
Annexation of Territory to Community Facilities District No. 2005-1
(Public Services) and to authorize the levy of a special tax therein to
finance certain services. [Community Development]
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)
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E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1.
City Council
2.
City Clerk
3.
City Treasurer
4.
City Attorney
5.
City Manager
F. ADJOURNMENT:
Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that
person may be limited to raising those issues addressed at the public hearing described in this notice, or in written
correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this
public hearing will be distributed to the Council and available for review in the City Clerk's office.
I, Shannon Sims, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury
that the foregoing agenda for the January 24, 2006 Regular Session of the Atascadero City Council
was posted on January 18th, 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 18th day of January, 006 at Atascadero, California.
Shannon Sims, Deputy City Clerk
City of Atascadero
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City of Atascadero
WELCOME TO THE ATASCADERO CITY COUNCIL MEETING
Oe 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).
0 HAVE ITEMS PLACED ON AGENDA
9business matters to appear on the Agenda must be in the Office of the City Manager 14 days preceding the Council
,eeting. Should you have a matter you wish to bring before the Council, please mail or bring a written communication to
the City Manager's office in City Hall prior to the deadline.
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Atascadero City Council
Marcia McClure Torgerson, City Clerk
Planning Commission
Interviews and Appointment
RECOMMENDATION:
DATE: 01/24/2006
Council interview the three candidates and select, by ballot, one citizen for the Planning
Commission.
DISCUSSION:
Background: Planning Commissioner Roberta Fonzi holds an at -large position that
expires February 2006.
Summary: The City Clerk has solicited applications from the members of the public
pursuant to State Law. Three applications were received, and interview times have
been established for each qualified candidate. It has been verified by the City Clerk's
office that all of the applicants are residents and registered voters in the City of
Atascadero.
ATTACHMENTS:
Interview Schedule
3 Applications
Resolution No. 2005-006, Procedures for Selection of Commission Members
INTERVIEW SCHEDULE
PLANNING COMMISSION
Tuesday, January 24, 2006
5:30 p.m. Greg Chilina
5:45 p.m. Roberta Fonzi
6:00 p.m. Daniel O'Grady
6:15 p.m. Council Votes
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Please return to:
CITY CLERK
6907 EI Camino, Real
A d CA93422
RECEIVED
JA N 13 2006
tasca ero v
...; CITY OF ATASCADEAO
CITY CLERK'S OFFICE
£l 1 OF ATASCADERO
BOARD, COMMITTEE & COMMISSION -APPLICATION
Please Note: You must meet the minimum qualifications of being a registered voter and resident of the City, with
the exception of youth representatives who are not required to be registered voters. Minimum qualifications are
subject to verification. Please fill out and attach the Supplemental Questionnaire for the advisory body'you are
applying for.
NAME:
us
RESIDENTIAL
ADDRESS: L o OS N is Dj Horne Phone: 0;(2� 969 _0_1S
CA(elpr C,4 `Jg2-z- Work Phone: Z3`j _5-Z6o
MAILING ADDRESS (if different): St,n e_
Are you a resident of the City of Atascadero? ulr)� How Long?
Are you a registered voter? Yes ✓ No
OCCUPATION: COn1 nt Q,yt ��7fLGtni
EMPLOYMENT - Present or last employer's name, address and phone number:
I-WARMIRMNIZArnm
Position held and length of employment:
Cwt uo ✓L1,uc,�l.� rl�lfs �,, - S'I` ►� ��
EDUCATION:
04- ' L S dam+ C ,_uD A 0,,, mA_ S�ol
Pte+ • �.
S_ ��. a ic�r ,�.ti . t�r��l�,�x I al bT4r�4
RELEVANT TRAINING, EXPERIENCE, CERTIFICATES OF TRAINING, LICENSES OR PROFESSIONAL
REGISTRATION:
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> � ►v4M-� Czp&w,,r,� ;n �nv C,�)� l s� Yy Grp Skz%•
10
City of Atascadero
Board, Committee & Commission Application
fag
Applicant' ame
INVOLVEMIR y L@_I COMMUNITY, VOLUNTEER, PROFESSIONAL AND/OR ACADEMIC
OTHER CITY COMMISSIONS, COMMITTEES OR BOARDS PREVIOUSLY OR CURRENTLY SERVING
ON:
How did you learn about this vacancy?
Newspaper Article Newspaper Ad Community Group Word of Mouth
Library City Hall Place of Employment Other (specify):
Please complete the attached supplemental questionnaire.
Feel free to attach, a resume or other information about yourself.
I hereby certify, under penalty of pdrjury, that the information on this application and attached
supplement are true and .
Signatu
Date:/ 1 Z f 0,v
This application and supplement are "public documents" and are available for review upon request. Applicants are
advised they may be requested to file a Statement of Economic interest, pursuant to the Fair Political Practices
regulations. Information will be provided by the City Clerk.
11
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CITY OF ATASCADERO
SUPPLEMENTAL QUESTIONNAIRE
PLANNING COMMISSION
1. Please explain why you would like to serve on the Planning Commission.
r Q i � p ty� p'
RT_� `t .�tAuy �-Cl of L J,),- (.'Zi `ice ( Gli.cf' lAa �- 1^'t"."�G
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2. Have you ever attended a meeting of the Planning Commission? _ Yes ✓ No
3. What is it about the Planning Commission that interests you? What qualities,- experience and
expertise would you bring to the Planning Commission?
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4. In your view, what is the function of the Planning Commission?
lite_ atfl-' I -A �r�rrw; �v,�,,. l �..�._,9R `a , % fv►.� Sc�
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5. How would you see your role as a member of the Planning Commission?
'��_ J i'0�� � r� �.� � 4w •'� �-tAwrti,�scti ut � � 1��'�Z.,-��_�.Ps.� 4•,�� 1�.:1 '�nY-r. '�.cr (.OYb�!►'L✓W��
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--C4.ttL LOYrvYwtl�n c
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12
City of Atascadero
Planning Commission Supplemental Application
Page 2
6. What are the current issues facing the Planning Commission?
ow�
7. Are you familiar with the City's General Plan, and if so, describe briefly your views about the
document.
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9 `7 ,i • i Ki r
8. If appointed, what specific goals would you like to see the Planning Commission achieve?'�
( cy,-4 0 1 6'.-A Lkla",I L L`-6v'Cc So AL!'r-O ✓+-e'f
prey w,:J& cl�ij,
nA '�' Jv�� �.1 L-ll1w'�LitlL�LI� t1.lvr►I�FX iJ� a�'i�A�l LST f?Li•�%'j (i.+�}
9. If there is additional information you would like to share about yourself, please use the following
space provided (optional).
I hereby ce
Signatur j
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Date: I
Gregory J. Chilina
4605 Obispo Road • Atascadero, California 93422
gchilina(a)direcway.com - 805.464.0715
Professional Overview
W
I am an aggressive Loan Officer and Executive Manager with 10 years of experience in Lending, General
Management, Customer Service, Sales and Marketing, Human Resource Management, and General
Banking and Finance Compliance. Versatility is my forte. I possess outstanding communication,
presentation, and negotiation skills with a unique combination of interpersonal and analytical abilities.
Professional History
Heritage Oaks Bank
Present to
Paso Robles, California
01/06
Vice President/ Commercial Relationship Manager
• Originate new and manage current commercial lending and deposits for the bank.
Atascadero Federal Credit Union
12/05 to
Atascadero, California — Federally Chartered Credit Union
08/04
Vice President/Assistant General Manager
• Currently Manage Branch Operations, Compliance, Human Resources, Account Payable, and
Company Loan Production and Volume
• Responsible for a 90% increase in loan volume production and the implementation of two new fee
driven income producing loan products
Allegiance Mortgage and Investment Company
04/03 to
Eugene, Oregon - Brokerage/Banking (80% Residential/20%Commercial)
07/99
Vice President/Owner/Loan Officer
• Increased annual gross sales revenue in 2002 by. 280% from prior fiscal year
• Increased annual gross sales revenue in 2000 by 230% from prior fiscal year
• Increased sales gross revenue last half of 1999 by 50%
• Managed branch office pipeline in excess of $50.82 million in loan volume annually, business to
business and business to consumer sales, and branch operations.
Ameriquest Mortgage Company
06/99 to
Eugene, Oregon/Honolulu, Hawaii - Retail Branch
01/98
Branch Manager/Loan Officer
• Promoted to Eugene, Oregon Branch Office Manager after six months as an Account Executive with
the Honolulu, Hawaii Office
Norwest Financial Hawaii, Inc.
12/97 to
Maui, Hawaii/Eugene, Oregon - Retail Branch
04/96
Assistant Manager/Loan Officer
• Promoted to Assistant Management position in Maui, Hawaii.
11/95 — 07/95
Hinman Vineyards - Eugene, Oregon: Cellar Assistant
09/93 - 06/94
Solomon Smith Barney — Eugene, Oregon: Internship
06/95 — 05/93
University of Oregon Mail Room - Eugene, Oregon: Mail Processor/Clerk
Education
.
Concord University School of Law
Present
Los Angeles, California
First Year Law Student in Correspondent Jurisprudence Doctorate Program
University of Oregon
12/95 to
Eugene, Oregon
09/91
Bachelor of Science in Economics
• Team Captain and Varsity B Skipper of the University of Oregon Sailing Team
W
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RECEIVED RECEIVED
Please return to:( 2006
CITY CLERK JAN 13 2006.. •. r�'a.. 6 ■
6907 EI Camino Real dais s �eie
Atascadero, ca 93422 �D CITY OF ATASCAOEFIO
CITY OF ATASCA CITY CLERK'S OFFICE
CITY CLERK'S OFFICE
CITY OF ATASCADERO
BOARD, COMMITTEE & COMMISSION APPLICATION
Please Note: You must meet the minimum qualifications of being a registered voter and resident of the City, with
the exception of youth representatives who are not required to be registered voters. Minimum qualifications are
subject to verification. Please fill out and attach the Supplemental Questionnaire for the advisory body you are
applying for. ,
NAME: Q �rfio� Eo n c
RESIDENTIAL Q� \
ADDRESS: I O � l nC 1 ock-, Ayfe. Home Phone: I -lb b —5Ae
Work Phone:
MAILING ADDRESS tit different):
Are you a resident of the City of Atascadero? How Long?Dt
Are you a registered voter? Yes No
OCCUPATION: ke-o— h or
EMPLOYMENT -,Present or last employer's name, address and phone number:
ra
15 F ( 00"M1 hn Ke �
Position held and length of employment:
Re,0_A+Si 11 �- ! sous �- -� k ��er-
EDUCATION:
[Y S u
RELEVANT TRAINING, EXPERIENCE, CERTIFICATES OF TRAINING, LICENSES- OR PROFESSIONAL
REGISTRATION: i
`� �a_vkv\i mac, �'nrnm� 5�1 �nP.i . 4-kcrv4om _ 4 UPnre, /a c
- 4RC.D \ A nalN st i i e ars i ,n a tweirse a s '
F_G+0_te�
i" Committee & Commission Application
Page 2 D bQl"0� �D 1n�j
Applicant's Name
O�bINVOLVEMENT IN COMMUNITY, VOLUNTEER, P�1,b:tla,/OR ACADEMIC
ORGANIZATIONS:
r
11 I - - i - 01 - _
C'ornrn 1 v p r a Uh orr,rn i� Lir;
cam. rvememt 1 - r e 11VIrY
OTHER CITY COMMISSIONS, COMMITTEES OR BOARDS PREVIOUSLY OR CURRENTLY SERVING
ON:
n I n
0
How did you learn about this vacancy?
Newspaper Article Newspaper Ad Community Group Word of Mouth
Library City Hall --Z Place of Employment Other (specify):
Please complete the attached supplemental questionnaire.
Feel free to attach a resume or other information about yourself.
I hereby certify, under penalty of perjury, that the information on this application and attached
supplement are true and correct.
Signature: Date: �- V
This application and supplement are "public documents" and are available for review upon request. Applicants are
advised they may be requested to file a Statement of Economic Interest, pursuant to the Fair Political Practices
regulations. Information will be provided by the City Clerk.
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101
101
1. Please explain why you would like to serve on the Planning Commission. I'm a lifelong
resident of this community and want to continue to have a direct impact on the way
Atascadero grows and develops. I have gained invaluable training as a commissioner, and I
wish to continue to serve the people of this city.
2. Have you ever attended a meeting of the Planning Commission? Yes No
What is it about the Planning Commission that interests you? What qualities,
experience and expertise would you bring to the Planning Commission? I have always
been interested in land use issues. In previous employment as a LAFCo Analyst (1976-
1981) I obtained invaluable knowledge and experience in City/County land use issues,
culminating in co-authoring Atascadero's Incorporation Study. I know the issues facing this
city and want to continue working toward solutions.
4. In your view, what is the function of the Planning Commission? The Commission acts as
an advisory body to the City Council, researching and recommending land use changes. It
also provides citizens with a forum for discussion of land use issues.
5. How would you see your role as a member of the Planning Commission? I am a
representative of the citizens of Atascadero at -large, entrusted with the responsibility to
carefully research and evaluate land use proposals as they affect the community as a whole.
6. What are the current issues facing the Planning Commission? Annual General Plan
review; implementing affordable and inclusionary housing; the need for economic
development to support services; the revitalization of Downtown; preservation of cultural
and historic resources; balancing quality of life issues with the pressures of development.
7. Are you familiar with the City's General Plan, and if so describe briefly your views
about the document. I was involved with reviewing the current General Plan, and am
extremely familiar with it. The General Plan provides a framework for land use and other
issues; however, it needs annual review and revision as conditions change and public input
is received.
8. If appointed, what specific goals would you like to see the Planning Commission
achieve? In-depth analysis of housing stock and future needs; review and revision of
inclusionary housing guidelines; public discussion of the Native Tree Ordinance; application
of smart growth principles; downtown revitalization using creative solutions.
9. If there is additional information you would like to share about yourself, please use the
following space provided (optional). I have developed a strong rapport of trust with
Atascadero citizens, listening to their concerns with respect and courtesy. I work hard,
attend meetings faithfully, and I believe I have a reputation for being fair and honest even on
the most controversial issues facing the commission. I have a long-term commitment to
Atascadero & its future, and will bring a well -researched and analytical approach to the
Commission. I have no hidden agenda, except the desire to serve.
I hereby certify that the foregoing information is true and correct.
KSignature: Date: 02
MV
CITY OF ATASCADERO
SUPPLEMENTAL QUESTIONNAIRE
0 PLANNING COMMISSION
1. Please explain why you would like to serve on the Planning Commission.
2. Have you ever attended a meeting of the, Planning Commission? _ Yes _ No
3. What is it about the Planning Commission that interests you? What qualities, experience and
expertise would you bring to the Planning Commission?
4. In your view, what.is the function of the Planning Commission?
5. How would you see your role as a member of the Planning Commission?
W
City of Atascadero
Planning Commission Supplemental Application
Page.2
6. What are the current issues facing the Planning Commission?
7. Are you familiar with the City's General Plan, and if so, describe briefly your views about the
document.
B. If appointed, what specific goals would you like to see the Planning Commission achieve?
9. If there is additional information you would like to share about yourself, please use the following
space provided (optional).
I hereby certify that the foregoing information is true and correct.
Signature Date:
21
•
•
Please return to:
CrrY CLERK
6907 EI Camino Real Amscadero, CA 93422
RECEIVED
JAN 13 2006
CITY OF ATASCAOERO
CITY CLERK'S OFFICE
CITY OF AT ASCADERO
BOARD, COMMITTEE & COMMISSION APPLICATION
Please Note: You must meet the minimum qualifications of being a registered voter and resident of the City, with the exception of youth
representatives who are not required to be registered voters. Minimum qualifications are subject to verification. Please fill out and attach
the Supplemental Questionnaire for the advisory body you are applying for.
NAME: Daniel P. O'Grady
RESIDENTIAL ADDRESS: 9900 Corriente Road, Atascadero CA, 93422
Home Phone: 805-462-2736
Work Phone: 805-462-2726
MAILING ADDRESS: Same.
Are you a resident of the City of Atascadero? Yes
How Long? Three years.
you a registered voter? Yes
OCCUPATION: Consulting Engineer, Mechanical and Electrical.
EMPLOYMENT: Present or last employer's name, address and phone number:
Smith & Boucher, Inc. 9900 Corriente Road, Atascadero, CA 93422 (branch office)
Position held and length of employment: Vice President, 27 years.
EDUCATION: BSEE, Illinois Institute of Technology; Post graduate work in Business and Economics, Univ. of California.
RELEVANT TRAINING, EXPERIENCE, CERTIFICATES OF TRAINING, LICENSES OR PROFESSIONAL
REGISTRATION:
Registered Professional Engineer in several states including California.
0
Daniel O'Grady
14 nn �'' President, Board of Directors
rn-�C:P,
NK 5an Luis 06ispo Art Center
1010 broad 5trect
P.O. box 813, San Luis 06isPo, CA 93406
(805) 545-8562 • Fax 543-4518 • www..510artcenter.org
22
City of Atascadero
Board, Committee & Commission Application Page 2
Applicant's Name: Daniel P. O'Grady
INVOLVEMENT IN ORGANIZATIONS:
COMMUNITY: Atascadero Chamber of Commerce, ANTA, Founding Donor of APACC, Graduate of SLO Chamber
Leadership Class XIII -2004.
VOLUNTEER: President of the Board of Directors of the SLO Art Center; Tax preparer for IRS/AARP at the
Atascadero Senior Center; United Way of Kansas City Account Executive; St. Elizabeth Church Parish
Council, Indoor and Outdoor Boys Soccer Coach, St. Thomas More Church Music Minister.
PROFESSIONAL AND/OR OTHER CITY COMMISSIONS, COMMITTEES OR BOARDS PREVIOUSLY OR
CURRENTLY ON:
SLO County Water Resources Advisory Committee, North County Water Resources Forum,
National Society of Professional Engineers, Institute of Electrical and Electronics Engineers, Society
of American Military Engineers, President and Chairman of the Board of Directors of Smith &
Boucher Consulting Engineers in Kansas City.
How did you learn about this vacancy? Newspaper article.
Please complete the attached supplemental questionnaire. Feel free to attach a resume or other information about
yourself.
I hereby certify, under penalty of perjury, that the information on this application and attached supplement are true and
correct,
Signature:
Date: January 12, 06
This application and supplement are "public documents" and are available for review upon request. Applicants are advised they may
be requested to file a Statement of Economic Interest, pursuant to the Fair Political Practices regulations. Information will be provided
by the City Clerk.
23
•
•
•
CITY OF ATASCADERO SUPPLEMENTAL QUESTIONNAIRE
PLANNING COMMISSION
0 Please explain why you would like to serve on the Planning Commission.
Because of my relevant professional experience and interest in serving the community of Atascadero, I believe I
would be a valuable addition to the Planning Commission. Although I have lived here only three years, I
already have a history of serving the community of Atascadero. Please refer to my community involvement
noted above.
2. Have you ever attended a meeting of the Planning Commission? No, but I have attended city council meetings.
3. What is it about the Planning Commission that interests you? What qualities, experience and expertise would you bring
to the Planning Commission?
I have a professional background in the building construction industry and have been involved in public and
private sector development and construction projects in other cities. I also have an interest in city planning and
land use issues.
4. In your view, what is the function of the Planning Commission?
The function of the Planning Commission in Atascadero appears to be to review proposed developments and
construction projects and make recommendations to the City Council.
5. How would you see your role as a member of the Planning Commission?
I see my role as working together with other Commission members to review proposed developments and
construction projects so that they are appropriate and make our community a better place to live.
6. What are the current issues facing the Planning Commission?
Probably the same as they have been in recent years, trying to make sure that proposed developments and
projects are appropriate and the best possible for the community of Atascadero.
7. Are you familiar with the City's General Plan, and if so, describe briefly your views about the document.
I am somewhat familiar with Atascadero's General Plan and the many elements of the Plan. I understand the
General Plan is required by the State and a major update was done in 2002.
8. If appointed, what specific goals would you like to see the Planning Commission achieve?
I think it would be premature to suggest goals until I have served on the Commission for awhile.
I hereby certify that the foregoing information is true and correct.
Signature:
fi12,
Date: Janua6
•
24
U
City of Atascadero
Proclamation
"GRAND JURY AWARENESS MONTH"
February 2006
WHEREAS, the Civil Grand Jury is made up of 19 citizens who serve the County of San
Luis Obispo for one year after qualification by the judges of the Superior Court from a list of
volunteer applicants and final selection by random drawing; and,
WHEREAS, the responsibility of the Grand Jury is to ensure that all local government
entities and prisons under its jurisdiction are performing with of . ciency, effectiveness, honesty,
and impartiality; and,
Ilk
-WHEREAS, the Grand Jury carries out its responsibilities by investigations prompted
not only by concerns of the jurors but also by formal complaints from citizens; and,
WHEREAS, the .Grand Jury,primarily relies upon public awareness and responsiveness
of the public to its published reports of findings and recommendation; and,
NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero does hereby
proclaim February 2006 to be "Grand Jury Awareness Month" in order for all citizens to
become better acquainted with the purpose of the Grand Jury, to give attention to the Grand
Jury's reports to the public, and to actually participate inthis process by making application to
the Superior Court to serve as a Grand Juror.
WITNESS THE OFFICIAL SEAL OF
TMP CITY OF ATASCADEROAl
:.
Tom O'Malley, A*4 r'
City of Atascadero, California
January 24, 2006
;L 25 .I
0
•
ITEM NUMBER: A - 1
DATE: 01/24/06
CITY OF A TA SCA DERO
CITY COUNCIL
DRAFT MINUTES
Tuesday, December 13, 2005
7:00 P.M.
REGULAR SESSION: 7:00 P.M.
Mayor Scalise called the meeting to order at 7:02 p.m. and Council Member Pacas led
the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Clay, Luna, Pacas, O'Malley and Mayor Scalise
Absent: None
Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson,
Deputy City Clerk Grace Pucci
Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis,
Administrative Services Director Rachelle Rickard, Public Works
Director Steve Kahn, Community Development Director Warren
Frace, Community Services Director Brady Cherry, Fire Chief Kurt
Stone, Police Chief John Couch, Deputy Public Works Director
Geoff English, Deputy Community Services Director Steve
McHarris, Associate Planner Kelly Gleason and City Attorney
Patrick Enright.
COMMUNITY FORUM:
Pastor Steve Shiveley, Calvary Chapel, led those present in prayer.
CC Draft Minutes 12/13/05
Page 1 of 6
27
Mary Chastain, speaking for the Chamber of Commerce, thanked Mayor Scalise for a
wonderful year and welcomed incoming Mayor O'Malley. 0
Jim Patterson, 5th District Supervisor, invited all to an open house at the new County
Government Center on Friday December 16th. Supervisor Patterson also thanked Mayor
Scalise for her service in the last year and congratulated incoming Mayor O'Malley
Sandy Jack thanked Mayor Scalise for the job she has done in the past year and
welcomed incoming Mayor O'Malley.
Jonnie Biaggini, Executive Director San Luis Obispo County Visitors and Conference
bureau, gave an update on the state of tourism in Atascadero.
Mayor Scalise closed the Community Forum period.
APPROVAL OF AGENDA:
MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member
Clay to approve the agenda.
Motion passed 5:0 by a roll -call vote.
CITY COUNCIL REORGANIZATION: 0
Mayor Scalise thanked the Community, Council and staff for their support, and reviewed
the events that transpired during her year as Mayor.
1. Council Appointment of Mayor — The City Clerk will accept nominations
from the Council Members
MOTION: By Council Member Clay and seconded by Council Member
Luna to nominate Mayor Pro Tem O'Malley to the position of
Mayor.
Motion passed 5:0 by a roll -call vote.
2. Council Appointment of Mayor Pro Tem — The new Mayor will accept
nominations from the Council Members
MOTION: By Council Member Luna and seconded by Council Member
Clay to nominate Council Member Pacas to the position of
Mayor Pro Tem.
Motion passed 5:0 by a voice vote.
Mayor O'Malley spoke about his vision and strategy for Atascadero.
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QQ
0 COUNCIL REORGANIZATION RECESS
•
Mayor O'Malley recessed the hearing at 7:26 p.m.
Mayor O'Malley called the meeting back to order at 7:41 p.m.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member Clay thanked Council Member Scalise for her service as Mayor and
spoke about the improvements to the Sunken Gardens.
A. CONSENT CALENDAR:
1. City Council Meeting Minutes — November 8, 2005
■ City Clerk Recommendation: Council approve the City Council meeting
minutes of November 8, 2005. [City Clerk]
2. September 2005 Accounts Payable and Payroll
■ Fiscal Impact: $3,222,191.97.
■ Recommendation: Council approve certified City accounts payable,
payroll and payroll vendor checks for September 2005. [Administrative
Services]
3. City Council 2006 Meeting Schedule
■ Fiscal Impact: None.
■ Recommendation: Council approve City Council meeting schedule for
2006. [City Manager]
4. Deferred Compensation Account for Employees
■ Fiscal Impact: None.
■ Recommendations: Council:
1. Approve Draft Resolution establishing a 401 Money Purchase Plan
provided by ICMA Retirement Corporation (ICMA-RC); and,
2. Authorize the City Manager to sign all related agreements. [City
Manager]
5. Skate Park Equipment Purchase
• Fiscal Impact: Budgeted funds, not to exceed $154,188.
■ Recommendation: Council authorize the purchase of skate park
equipment from RecWest Outdoor Products. [Community Services]
CC Draft Minutes 12/13/05
Page 3 of 6
29
6. Establishment of a Public Drainage Easement — Yellow Rose Ranch
(Tract 2410)
■ Fiscal Impact: None.
■ Recommendation: Council approve Draft Resolution establishing public
drainage and open space easements for Yellow Rose Ranch (Tract 2410).
[Public Works]
7. Land Surveying Services
■ Fiscal Impact: The costs of land surveying services are billed directly to
the capital project accounts.
■ Recommendation: Council authorize City Manager to enter into ongoing
contracts for contract engineering services with firms on the "Land
Surveying Services Qualified Firm List." [Public Works]
8. Atascadero Corporation Yard Relocation Award (City Bid No. 2005-031)
■ Fiscal Impact: Engineers Estimate is $1,000,000.
■ Recommendation: Council authorize the City Manager to execute a
contract with the lowest responsible bidder in the amount to be determined
at the bid opening on December 12th, 2005. [Public Works]
9. Atascadero Corporation Yard Demolition Award (City Bid No. 2005-032
■ Fiscal Impact: Engineers Estimate is $1,000,000.
■ Recommendation: Council authorize the City Manager to execute a
contract with the lowest responsible bidder in the amount to be determined
at bid opening on December 12th, 2005. [Public Works]
10. Backhoe Purchase
■ Fiscal Impact: $75,000 from the Vehicle Replacement Fund.
■ - Recommendation: Council authorize the City Manager to execute the
appropriate agreements for the purchase of a replacement backhoe
tractor. [Public Works]
Items pulled: Council Member Luna, Items #A-8 and 9.
MOTION: By Mayor Pro Tem Pacas and seconded by Council Member
Clay to approve Items #A-1, 2, 3, 4, 5, 6, 7 and 10.
Motion passed 5:0 by a roll -call vote. (O'Malley abstained on
Item #A-5 stating he owns property within 500 feet of the site.)
(Item #A-4 Resolution No. 2005-096, Item #A-6 Resolution No.
2005-097)
Items #A-8 & 9:
Mayor O'Malley stepped down from consideration of these items stating he owns
property within 500 feet of this site. 0
CC Draft Minutes 12/13/05
Page 4of6
WE
•
Public Works Director Steve Kahn gave a staff report for Items #A-8 and 9 and
answered questions of Council.
MOTION: By Council Member Luna and seconded by Council Member
Clay to approve Items #A-8 and 9.
Motion passed 4:0 by a roll -call vote. (O'Malley abstained)
(Item #A-8 Contact No. 2005-041 and Contract No 2005-042,
Item #A-9 Contact No. 2005-043)
Mayor O'Malley rejoined the meeting.
B. MANAGEMENT:
1. Quarterly Update of the City Council's Strategic Initiative
■ Recommendation: This is an informational report; the City Council may
want to refine the work on, or direction of, one or more of the initiatives.
[City Manager]
City Manager Wade McKinney gave the staff report and answered questions of Council.
PUBLIC COMMENT
Eric Greening spoke about the transit plan, safe pedestrian and bicycle circulation, and
asked several questions regarding funds for road maintenance. Public Works Director
Steve Kahn addressed Mr. Greening's questions.
Mayor O'Malley closed the Public Comment period.
2. Annexation No. 1 — Community Facilities District No. 2005-1
■ Recommendations: Council:
1. Adopt Draft Resolution A, adopting a boundary map showing the
boundaries of the territory proposed to be annexed to Community
Facilities District No. 2005-1 (Public Services); and,
2. Adopt Draft Resolution B, declaring Council's intention to authorize the
Annexation of Territory to Community Facilities District No. 2005-1
(Public Services) and to authorize the levy of a special tax therein to
finance certain services. [Community Development]
Community Development Director Warren Frace gave the staff report.
PUBLIC COMMENT
None
CC Draft Minutes 12/13/05
Page 5 of 6
31
MOTION: By Mayor Pro Tem Pacas and seconded by Council Member
Clay to adopt Draft Resolution A, adopting a boundary map
showing the boundaries of the territory proposed to be
annexed to Community Facilities District No. 2005-1; and,
adopt Draft Resolution B, declaring Council's intention to
authorize the Annexation of Territory to Community Facilities
District No. 2005-1 and to authorize the levy of a special tax
therein to finance certain services.
Motion passed 5:0 by a roll -call vote. (Resolution Nos. 2005-
098 and 2005-099)
C. COMMITTEE & LIAISON REPORTS:
Mayor O'Malley
1. County Mayor's Round Table: Channel Counties are continuing to work
together on fundraising and state initiatives. There was much discussion at
the meeting on Proposition 42 regarding transportation.
2. Air Pollution Control District (APCD): Will be rotating into the position of Chair
in January.
3. Economic Vitality Corporation, Board of Directors (EVC): Invited everyone to
the EVC Christmas party this Wednesday evening.
4. League of California Cities — Grassroots Network: Next meeting will be in
Sacramento in January, Mayor O'Malley and Mayor Pro Tem Pacas will
attend. 0
5. Economic Opportunity Commission (EOC): Celebrated their 40th anniversary.
D. INDIVIDUAL DETERMINATION AND/OR ACTION:
None
E. ADJOURNMENT:
Mayor O'Malley adjourned the meeting at 8:07 p.m. to the next regularly scheduled
meeting of the City Council on January 10, 2006.
MEETING RECORDED AND MINUTES PREPARED BY:
Grace Pucci, Deputy City Clerk
CC Draft Minutes 12/13/05
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32
t
Atascadero City Council
ITEM NUMBER: A-2
DATE: 01/24/06
Staff Report - Administrative Service Department
California Cultural and Historical Endowment (CCHE)
Grant Application
RECOMMENDATIONS:
Council:
1. Adopt Draft Resolution approving the grant application for California
Cultural and Historical Endowment (CCHE) funds for restoration of
the historic City Hall; and,
2. Authorize the Administrative Services Director to execute a contract
with the California Cultural and Historical Endowment if the City is
awarded said grant.
DISCUSSION:
In November 2005, the California Cultural and Historical Endowment announced that it
has launched Round Two of its series of grant applications for Proposition 40 bond
funds.
The budget for restoration of the Atascadero Historic City Hall is currently anticipated to
exceed the disaster relief funding that will be provided by FEMA. FEMA will pay for
damage caused by the earthquake, but will not pay for the much needed deferred
maintenance items that should be done as part of the restoration. A source of funding
for these deferred maintenance items needs to be found in order to fully restore the
building.
Because the City Hall is a historic building, it is an ideal candidate for a California
Cultural and Historical Endowment grant (CCHE). CCHE was created through
Proposition 40 to support the "acquisition, development, preservation, and interpretation
of buildings, structures, sites, places, and artifacts that preserve and demonstrate
culturally significant aspects of California's history." CCHE will be distributing $43
million of Proposition 40 funds based on a competitive grant application process. If the
City is awarded the maximum' grant of $3,000,000, this will provide substantial
additional funding for complete historic restoration of City Hall.
OKI
ITEM NUMBER: A-2
DATE: 01/24/06
The first step in this competitive grant application process is for Council to adopt the
attached Resolution agreeing to apply for the grant and agreeing to maintain any
improvements made with grant funds.
FISCAL IMPACT:
Possibility of up to $3,000,000 in grant funding for the restoration of Atascadero's
historic City Hall.
ALTERNATIVES:
Do not approve the grant application for submission and locate additional funding from
other source(s).
ATTACHMENTS:
1. Draft Resolution- Approving an application for CCHE grant funds for the
California Cultural and Historical Endowment (CCHE) under the California Clean
Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002.
01
34
•
DRAFT RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, APPROVING AN APPLICATION FOR
CCHE GRANT FUNDS FOR THE CALIFORNIA CULTURAL AND
HISTORICAL ENDOWMENT (CCHE) UNDER THE CALIFORNIA
CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND
COASTAL PROTECTION ACT OF 2002
WHEREAS, the people of the State of California have enacted the California Clean
Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002, which provides
funds to the State of California for the California Cultural and Historical Endowment (CCHE)
Grant Program; and,
WHEREAS, the California Cultural and Historical Endowment (CCHE) has been
delegated the responsibility for the administration of the Grant Program, setting up necessary
procedures; and,
WHEREAS, these procedures require the Grant Application to certify by resolution the
approval of an application before submission of the application to the California Cultural and
Historical Endowment (CCHE); and
WHEREAS if the Cit of Atascadero is awarded a rant the Cit will enter into a Grant
Y g Y
Agreement with the California Cultural and Historical Endowment (CCHE) for the Project.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero
SECTION 1. The City Council approves the filing of a CCHE Grant Application for the
above Project to be funded from the California Clean Water, Clean Air, Safe Neighborhood Parks,
and Coastal Protection Act of 2002.
SECTION 2. The City Council certifies that the City of Atascadero has or will have
sufficient funds to operate and maintain the Project, where applicable, to complete the Project.
SECTION 3. The City Council certifies that the City staff have reviewed, understands, and
agrees to the General Provisions of the Grant Agreement.
SECTION 4. The City Council appoints the Administrative Services Director as agent to
conduct all negotiations, execute and submit all documents including, but not limited to,
Applications, Agreements, payment requests and so on, which may be necessary for the completion
of the Project.
35
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: 0
AYES:
NOES:
ABSENT:
ADOPTED:
Attest:
Marcia McClure Torgerson, C.M.C.,
City Clerk
APPROVED AS TO FORM:
Patrick L. Enright, City Attorney
36
ME
CITY OF ATASCADERO
Tom O'Malley, Mayor
*I
01
E,
ITEM NUMBER: A - 3
DATE: 01/24/06
Atascadero City Council
Staff Report - Community Development Department
6910 Navajoa Ave
ZCH 2004-0087/CUP 2004-0133/TPM 2004-0056
(Vaughn and Young)
RECOMMENDATION:
Council adopt on second reading, by title only, Draft Ordinance A approving Zone
Change 2004-0087 based on findings.
DISCUSSION:
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.
On January 10, 2006, the City Council conducted a public hearing to consider the
application of the overlay zone change on the subject parcel.
FISCAL IMPACT:
Based 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).
• ATTACHMENTS:
Attachment 1: Draft Ordinance A
37
ATTACHMENT 1: Draft Ordinance A
DRAFT ORDINANCE A
ITEM NUMBER: A-3
DATE: 01/24/06
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
hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendments; is
and,
Km
ITEM NUMBER: A-3
DATE: 01/24/06
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 approve on second 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.
SECTION 4. Effective Date. This ordinance shall be effective at 12:01 a.m. on the 31"
day after its passage.
39
ITEM NUMBER: A-3
DATE: 01/24/06
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
WE
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Patrick L. Enright, City Attorney
.N
Tom O'Malley, Mayor
•
•
•
ITEM NUMBER: A-3
DATE: 01/24/06
Exhibit A: Zone Map Amendment Diagram
Existing Designation:
-Residential Multi -family - 10
Proposed Designation:
- Residential Multi-Family-10/PD-25
41
Atascadero City Council
ITEM NUMBER: A-4
DATE: 01/24/06
Staff. Report - Community Development Department
Title 9 Planning and Zoning Text Amendment
ZCH 2005-0106
(Bennet/Norris)
RECOMMENDATION:
Council adopt on second reading, by title only, Draft Ordinance A approving Zone
Change 2005-0106 based on findings.
DISCUSSION:
The proposed Zone Change consists of a Text Amendment to conditionally allow Indoor
Recreational Uses in the Commercial Park Zoning District and expands the definition of
Indoor Recreational Uses to include Shooting and Archery Ranges.
On January 10, 2006, the City Council conducted a public hearing to consider the zone
change for first reading.
FISCAL IMPACT
The proposed zone text amendment will be revenue neutral to the City.
ATTACHMENTS:
Attachment 1: Draft Ordinance A
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42
ATTACHMENT 1: Draft Ordinance A
DRAFT ORDINANCE A
ITEM NUMBER: A-4
DATE: 01/24/06
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, 0
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: A-4
DATE: 01/24/06
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 ChanLye 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; g' ootin� and:.archery 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)
11,
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ITEM NUMBER: A-4
DATE: 01/24/06
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;
lil" "Indoor meereationa ";uses
(j) 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.
SECTION 4. Effective Date. This ordinance shall be effective at 12:01 a.m. on the 31"
day after its passage.
45
ITEM NUMBER: A - 4
DATE: 01/24/06
INTRODUCED at a regular meeting of the City Council held on January 10, 2006, 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 L. Enright, City Attorney
•
Tom O'Malley, Mayor
K1.11
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Atascadero City Council
ITEM NUMBER: A-5
DATE: 1/24/06
Staff Report - Community Development Department
Off -Site Beer and Wine Safes License Determination
7600 EI Camino Real, Suite #1
(Perry's Parcel and Courier Service)
RECOMMENDATION:
Council determine that public convenience or necessity would be served by the issuance of
an off-site beer and wine sales license to Perry's Parcel and Courier Service.
• DISCUSSION:
The owner of Perry's Parcel and Courier Service is requesting an Off -sale Beer and Wine
License (Type 20) for the purpose of selling wine for gift baskets. The existing business
consists, of a gift shop that offers packaging and shipping of goods.
The site is zoned (CP) Commercial Professional within the (GC) General Commercial land
use designation (Attachment 1). The selling of food and beverages is permitted as an
allowable use under current zoning standards (AMC 9-3.212.a). The business fronts EI
Camino Real in the New West shopping center (Attachment 2).
ANALYSIS:
There is currently a moratorium on the number of Type 20 licenses that may be issued in
cities and counties where the ratio of licenses exceeds one for each 2,500 inhabitants. In
order to qualify for an exception to the moratorium, the State Alcohol Beverage Control
(ABC) Department requires that the local governing body of the area (City Council) make a
determination that the license will serve a public convenience or necessity.
The Police Department has reviewed this application and determined that there is not a
problem with respect to public safety or nuisance concerns. Staff does not foresee any
significant public welfare issues associated with the issuance of an off-site beer and wine
license at the proposed location.
47
ITEM NUMBER: A-5
DATE: 1/24/06
FISCAL IMPACT:
None
ATTACHMENTS:
1. Location Map
2. Site Photos
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ITEM NUMBER: A-5
DATE: 1/24/06
Attachment 1
ABC License 2005-0004: Perry's Parcel and Courier Service
Location Map
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ITEM NUMBER: A-5
DATE: 1/24/06
Attachment 2
ABC License 2005-0004: Perry's Parcel and Courier Service
Site Photos
All
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ITEM NUMBER: A-6
DATE: 01/24/06
Atascadero City Council
Staff Report - Police Department
Police Vehicle Mobile Data Computer System
RECOMMENDATIONS:
Council:
1. Authorize the purchase of six (6) complete Mobile Data Computer
(MDC) systems to be purchased from and installed by CDCE, Inc.;
and,
2. Authorize the purchase of mobile Computer Aided Dispatch (CAD)
software, message switch and six software licenses from Executive
Information Services, Inc. (EIS).
DISCUSSION:
Police, Fire and Information Technology are working in collaboration to implement
Mobile Data Computers. in police and fire vehicles. Computer hardware for the Fire
Department has been previously purchased with grant funds. This report is for the
purchase of Police Department MDC's as well as the software necessary for Fire and
Police MDC connection to the dispatch center. This equipment will reduce the burden
on the dispatch center staff, reduce radio traffic and improve clarity of addresses in
response to emergency calls for service.
MDC's will allow officers to write reports in the field, provide secure communications
with field units and the dispatch center as well as other county Law Enforcement
agencies. Police Officers in the field will have access the dispatch center's Computer
Aided Dispatch system and various Law Enforcement databases. This technology will
greatly increase officer efficiency and safety in field situations and will prove to be a
time and fuel cost savings enhancement as officers will not need to repeatedly drive to
the police station to write reports or to access departmental databases.
51
ITEM NUMBER: A-6
DATE: 01/24/06
Each unit will bee equipped with an automatic vehicle locator and mapping software with
q
GPS that will plot the locations and unit status of all patrol cars to other police units, the
Watch Commander, and the dispatch center. This feature will show the patrol car's
location in real time should an officer need assistance. Dispatchers will be able to send
the closest police / fire unit to an incident and field officers will be able to better
coordinate responding units based on their location to an incident.
In accordance with the City of Atascadero purchasing policy, Police Department
representatives conducted research into several leading providers of MDC's. Current
and future data needs, price, reliability, officer safety and ease of use were considered
when selecting the vendor. An interdepartmental technology committee consisting of
Police, Fire and Information Technology departments reviewed the top vendor
proposals for MDC's. The committee selected the Panasonic Toughbook CF -29
solution offered by CDCE, Inc. as the system that best meets the Police Department's
needs.
The Panasonic Toughbook is a state of the art, notebook type computer that mounts in
a docking station in the trunk of a patrol car. This configuration will facilitate removal of
the notebook computer so that it can be used out of the patrol car or easily swapped
with another unit. The computer is operated by a keyboard and monitor in the driver's
compartment. The Panasonic Toughbook is proven to perform well in. adverse
conditions. 0
EIS is the vendor who currently provides and maintains the CAD / RMS system
software for the Public Safety Dispatch Center. EIS is the sole source provider of the
CAD / RMS software in use by the Police and Fire Departments. With the addition of
the enhanced mobile CAD system through EIS, the annual maintenance fee paid to EIS
will increase by $3,000.00 per year. The first year maintenance fee increase will be paid
for with grant funds.
A wireless, cellular network provided by a commercial vendor will be utilized to provide
communication between the patrol car and the City's computer network. A minimum of
128 bit encryption will be utilized to maintain the network and data security. Wireless
connection costs will be offset by reduced phone line expenses to be realized with a
pending public safety repeater upgrade.
FISCAL IMPACT:
$97,551.00 - The funds for purchase of this equipment and software upgrades
are provided by Supplemental Law Enforcement Service Fund (SLESF) grant
funds designated for this purpose, and do not affect the general fund. The
following is a break down of the costs associated with the purchase of the
hardware and software from the two different vendors:
52
ITEM NUMBER: A-6
DATE: 01/24/06
$57,551.00 Purchase costs of the six MDC computers, equipment and
installation that will be purchased and Installed by CDCE, Inc. The Panasonic
Toughbook is sold with a three year factory warranty.
$40,000.00 - Purchase costs of the software licensing, software upgrades, and
one year of the increased fee in the annual maintenance agreement for data
connectivity between the CAD and MDC to be purchased from EIS.
ALTERNATIVE:
Defer purchase at this time. This is not recommended due to the fact that grant funding
has been secured for the purchase of this equipment.
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53
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J
ITEM NUMBER: B-1
DATE: 01/24/06
Atascadero City Council
Staff Report - Community Development Department
7705 Navajoa Avenue Planned Development
ZCH 2004-0092/CUP 2004-0139/TTM 2004-0060
(Tanner / Fragione)
RECOMMENDATIONS:
Planning Commission Recommends: Council:
1. Adopt Draft Resolution A certifying Proposed Mitigated Negative
Declaration 2005-0058; and,
2. Introduce for first reading, by title only, Draft Ordinance A approving Zone
Change 2005-0092 based on findings; and,
3. Adopt Draft Resolution B approving Conditional Use Permit 2004-0139
(Master Plan of Development) based on findings and subject to Conditions
of Approval and Mitigation Monitoring; and,
4. Adopt Draft Resolution approving Vesting Tentative Tract Map 2004-0060
based on findings and subject to Conditions of Approval and Mitigation
Monitoring.
REPORT -IN -BRIEF:
The proposed project consists of a Zone Map Amendment to establish a PD -25 Overlay
Zone over the subject site with a corresponding Master Plan of Development (CUP) and
vesting Tentative Tract Map that would allow a 5 -unit detached residential Planned
Development under the requirements of the PD -25 Overlay Zone.
Situation and Facts:
1. Applicant / Representative: Kinsey H. Tanner, Jr.
5290 Barrenda Ave
Atascadero, CA 93422
I
ITEM NUMBER: B - 1
DATE: 01/24/06
Shawn Fragione
7790 Aragon Rd.
Atascadero, CA 93422
2. Project Address: 7705, 7735 Navajoa Ave (APN.031-183-031, 032) (San Luis
Obispo County).
3. General Plan Designation: MDR (Medium Density Residential)
4. Zoning District: RMF -10 (Residential Multi -family - 10)
5. Site Area: 0.55 acres
6. Existing Use: 2 residential units
7. Environmental Status: Proposed Mitigated Negative Declaration 2005-0058
DISCUSSION:
Background
On January 3, 2006, the Planning Commission held a public hearing for the proposed
project and zoning code amendment. The Planning Commission voted on a 3-2 vote to
recommend approval of the project. The Planning Commission also recommended that
the following condition be added to the project should the Council approve the project:
Condition CUP 19: The elevations facing Navajoa shall be revised to create a
more prominent entrance, subject to staff approval.
55
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ITEM NUMBER: B - 1
DATE: 01/24/06
Existing Setting:
North: Residential Multi -Family East: Commercial Professional
South: Residential Multi-Family/PD-7 West: Residential Multi -Family
The project site is within the Medium Density Residential General Plan Land Use
Designation and is zoned Residential Multi -Family -10, which allows a maximum density
of 10 units per acre. The properties along Navajoa Ave consist of existing single-family
residences and multi -family developments.
ANALYSIS:
The proposed site plan has been designed to meet the requirements ,of the Atascadero
Municipal Code and the appearance review requirements of the General Plan. Five
new residences are proposed on site. The units are approximately 1,500 square feet
each with a 500 square -foot two car garage. Additional guest parking is provided in the
center of the site.
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.
56
ITEM NUMBER: B - 1
DATE: 01/24/06
Appearance Review
Site Plan, Circulation, and Parking
The project is designed around a central parking court and includes the following site
design elements:
• Open space feature at the terminus of the parking court with accent landscaping.
• Decorative paving (stained concrete for main court, brick accents for individual
driveways and pathways)
• Shade trees along the parking court.
Based on the PD -25 Overlay Zone Standards, the proposed project exceeds parking
requirements by one guest space. Curb, gutter, and sidewalk are provided along
Navajoa Ave.
Architecture, Materials, and Color
The project has been designed with Craftsman style architecture. Minor conditions of
approval have been included regarding the exterior material finish (architectural grade
garage doors, eave bracketing, etc.) (Conditions CUP 6).
The buildings located along the Navajoa Ave. frontage are oriented to the street and
include wrap around porches that extend along the shared court. 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:
■ Stylized trellis features
■ Covered porches
■ Variety of materials
■ Stylized columns
■ Wood porch railings
■ Bracketed eaves
■ Exposed rafter tails
■ Decorative gable elements over entrances
Landscape Design
The preliminary landscape plan has been designed to include enhanced landscaping
along Navajoa Ave. and accentuate site design features such as the open space
amenity area and the parking court streetscape. Proposed landscaping includes drought
tolerant shrubs and accent plants, with a combination of evergreen and deciduous trees
placed throughout the site. In staff's opinion, the proposed landscape plan and palette,
as conditioned, meets the Planned Development appearance review requirements.
Site Drainage
57
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ITEM NUMBER: B - 1
DATE: 01/24/06
Historically, the site drains to the north east corner of the project site. The project is
designed to maintain historic flow to the rear of the site and will be detained in a
detention basin incorporated into the open space area. These facilities will detain the.
flow of up to a 50 -year event and release it at a post construction historic rate. There will
be no increase in the volume of flow downstream.
Wastewater
Sanitary sewer will be connected to existing sewer facilities in Navajoa Ave. The
Wastewater Treatment Plant and the City's collection system have sufficient capacity to
handle the new flow.
Inclusionary and Workforce Housing
The City Council has implemented an interim Inclusionary Affordable Housing Program
to include a fixed percentage of units within residential developments that require a
legislative approval to be reserved as deed restricted affordable units. This interim
program requires that the proposed project provide 1 affordable unit deed restricted at
the moderate income rate or pay an in -lieu fee based on the valuation of all units. A
condition of approval has been added to- ensure that this requirement is met (Condition
CUP 13, 14/TTM 11, 12).
0 Proiect Benefits
One of the required findings for approval of a Planned Development Rezone is that the
project must "offer certain redeeming features to compensate for the requested
modification." The table shown below outlines the Council policy on Planned
Development benefits. In order to approve this project, the City Council must find that
the project offers all of the tier 1 benefits to qualify for a Planned Development project.
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
Custom PD's
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 Tract Map
A 5 -lot Vesting Tentative Tract Map (TTM 2004-0060) is proposed as part of the project
consistent with the proposed Master Plan of Development and proposed PD -25 Overlay
ITEM NUMBER: B - 1
DATE: 01/24/06
Zone. The Tract Map has been conditioned by staff and the City Engineer to meet all
City standards including on- and off-site street improvements. The applicant will be 1101
required to record CC&R's with the map that will include maintenance and access of
common areas (Condition CUP 18/TTM 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"
To approve the project, the City Council must determin that the proposed project is
consistent with the goals and policies of the Land Use Element and the Housing
Element. The project will provide 5 detached single-family residential units within the
medium -density residential zone. As 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.
we,
ITEM NUMBER: B - 1
DATE: 01/24/06
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, signage, and specific
development standards required by the zoning ordinance. The City Council 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, and 2.1.
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
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 working persons health, safety, or welfare.
4. That the proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development.
Staff Comment: The proposed project is compatible with the surrounding
neighborhood by providing a higher density residential development that is designed
to enhance the appearance along Navajoa Avenue with compatible architecture and
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.
•
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ITEM NUMBER: B -1
DATE: 01/24/06
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.
Proposed Environmental Determination
A Draft Mitigated Negative Declaration was circulated to public agencies and interested
members of the public on November 7, 2005. The Environmental Analysis identified
concerns regarding potential impacts to aesthetics, land use and planning, noise, and
traffic. Mitigation measures pertaining to these resources are included. A finding is
proposed that this project would not have a significant effect on the environment based
upon the implementation of the identified mitigation measures.
Conclusion
In staff's opinion, developing the property with a 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. 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 working
persons 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:
Based 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 (Conditions CUP 16 and 17/ TTM 8 and 9).
ALTERNATIVES
1. The City Council may make modifications to the project and/or conditions of
approval
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ITEM NUMBER: B -1
DATE: 01/24/06
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 parcel would retain its designation of
Residential Multi -Family -10.
ATTACHMENTS:
Attachment 1:
Location, General Plan, and Zoning Map
Attachment 2:
Proposed Mitigated Negative Declaration and Initial Study
Attachment 3:
Draft Resolution A
Attachment 4:
Draft Ordinance A
Attachment 5:
Draft Resolution B
Attachment 6:
Draft Resolution C
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62
ITEM NUMBER: B-1
DATE: 01/24/06
Attachment 1: Location Map, General Plan and Zoning
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 —10
/ Planned Development Overlay 25
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ITEM NUMBER: B -1
DATE: 01/24/06
Attachment 2: Proposed Mitigated Negative Declaration and Initial Study
See Following
.E
CITY OF ATASCADERO
COMMUNITY DEVELOPMENT DEPARTMENT
RECEIVE6
NOV 0 7 200r1
JULIE L. ROLAWpLp
BY County Clerk
CITY OF ATASCADERO
NOTICE OF INTENT TO ADOPT MITIGATED NEGATIVE
DECLARATION AND PLANNING COMMISSION PUBLIC HEARING
NOTICE 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:
Bud Tanner, 5290 Barrenda Ave, Atascadero, CA 93422 466-2836
Project Title:
Zone Change 2004-0092, Conditional Use Permit 2004-0139; Tentative Tract Map 2004-0060 for a 5 -
Hearing Date:
lot Planned Development subdivision
Project
7705 Navajoa Avenue, Atascadero, CA 93422 (Single Family Residence)
Location:
(San Luis Obispo County) APN 031-183-013, 031-183-032.
Project
The proposed project consists of an application for a Zone Change, Conditional Use Permit, and
Description:
Tentative Parcel Map for the construction of five new detached single-family homes on individual lots
review from 11/07/05 through 11/28/05 at 6905 El Camino Real, Suite 6, Community
that will be developed under the requirements of the Planned Development #25 overlay district
Development Department, from 8:00 a.m. to 5:00 p.m., Monday through. Friday.
standards within the Residential Multi -Family (RMF -10) zoning district. The project includes one
home per lot each with a two -car garage and one parking space in each driveway. The project will be
served by City sewer.
General Plan Designation: Medium Density Residential — MDR
Zoning District: Residential Multiple Family —RMF -10
Environmental
Begins: November 7, 2005
Review Dates:
Ends: November 28, 2005
Hearing Date:
December 6, 2005
New Gity Hall, 7:00 p.m.
Hearing
Location:
6907 EI Camino Real, 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 11/07/05 through 11/28/05 at 6905 El Camino Real, Suite 6, Community
Development Department, from 8:00 a.m. to 5:00 p.m., Monday through. Friday.
Any interested person, may review the proposed Mitigated Negative Declaration and project files. Questions should
be dire&ed to Kelly;Gleason, Associate Planner at 461-5000.
Steven G. McHarris, Deputy Community Development Director
Fk: 7CII NH14-0092.7705 N ... j.. A—ISMND
Yrinl Wei ll/07/(159:71 AM
65 6905 EL CAMINO REAL, SUITE 6 ° ATASCADERO, CALIFORNIA 93422• (805) 461-5000 • FAX 461-7612
is
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CITY OF ATAS CADER 0
PROPOSED MITIGATED
NEGATIVE DECLARATION #2005-0058
6905 El Camino Real, Suite 6 Atascadero, CA 93422 805/461-5000
Applicant: Bud Tanner, 5290 Barrenda Ave, Atascadero, CA 93422 466-2836
Project Title: Zone Change 2004-0092, Conditional Use Permit 2004-0139; Tentative Tract Map 2004-0060 for a 5 -
lot Planned Development subdivision
Project 7705 Navajoa Avenue, Atascadero, CA 93422 (Single Family Residence)
Location: (San Luis Obispo County) APN 031-183-013, 031-183-032,
Project The proposed project consists of an application for a Zone Change, Conditional Use Permit, and
Description: Tentative Parcel Map for the construction of five new detached single-family homes on individual lots
that will be developed under the requirements of the Planned Development #25 overlay district
standards within the. Residential Multi -Family (RMF -10) zoning district. The projectincludesone
home per lot each with a two -car garage and one parking space in each driveway. The project will be
served by City sewer.
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 Iimited, 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 a part hereof by
reference and on file in the Community Development Department), it has been determined that the above project will
not have an adverse impact on the environment when the following proposed mitigation measures are incorporated
into the project (see attachment).
Prepared By: Kelly Gleason, Associate Planner
Date Posted: November 7, 2005
Public Review Ends: November 28, 2005
Attachments: Location/ Zoning Map
Site Plan
File ZCH 2004-0092.7705 Nn.1-A—ISNWD Pr Dale: 11/07105932 AM
6905 EL CAMINO REAL, SUITE 6 • ATASCADERO, CALIFORNIA 93422 1 (805) 461-5000 • FAX 461-7612 66
CITY OF RTAS CADER O
INITIAL STUDY
ENVIRONMENTAL CHECKLIST FORM
Environmental Review 2005-0058
Applicant: I Bud Tanner, 5290 Barrenda Ave. Atascadero, CA 93422 466-2836
Project Title: Zone Change 2004-0092, Conditional Use Permit 2004-0139; Tentative Tract Map 2004-0060 for a 5 -
lot Planned Development subdivision
Project 7705 Navaioa Avenue, Atascadero, CA 93422 (Single Family Residence)
Location: (San Luis Obispo County) APN 031-183-013, 031-183-032.
Project The proposed project consists of an application for a Zone Change, Conditional Use Permit, and
Description: Tentative Parcel Map for the construction of five new detached single-family homes on individual lots
that will be developed under the requirements of the Planned Development 925 overlay district
standards within the. Residential Multi -Family (RMF -10) zoning district. The project includes one
home per lot each with a two -car garage and one parking space in each driveway. The project will be
served by City sewer.
General Pian Designation: Medium Density Residential — MDR
Zoning District: Residential Multiple Family — RMF -10
Lead Agency Name
City of Atascadero
and Address:
6,905 El Camino Real, Suite 6, Atascadero, CA 93422
Contact Person and
Kelly Gleason, Associate 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 -10 / PD -7
West: Multi -Family Residential -10
East: Commercial Professional
Other public
None
agencies whose
approval is required
(e.g., permits, financing
approval, or participation
agreement)
1011107/05
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ZCH 2004-0092, 7705 Navajoa Ave.ISMND
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Attachment 1
Location / Zoning Maps
7705 Navajoa Ave
Atascadero, CA
CITY OF ATASCADERO
INITIAL STUDY
1011!07/05
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 — 10 / Planned
Development Overlay 25
ZCH 2004-0092. 7705 Navajoa Ave.ISMNO
CITY OF ATASCADERO
INITIAL STUDY
Attachment 2
Site Plan
1011107/05 ZCH 2004-0092r 7705 Navapa Ave.ISMND
69
0
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CITY OF A TA S CADER O
INITIAL STUDY
Exhibit A
Timing
Responsibility
Mitigation
/Monitoring
Measure
Mitigation Monitoring Program
GP: Grading Permit
BP: Building Permit
PS: Planning Services
BS: Building Services
TO: Temporary
Occupancy
FD: Fire Department
PD: Police Department
7705 Navajoa Avenue
Fo Finalinspection
CE:Wastewater
WW: Wastewater
Occupancy
C0. CO Attorney
AMWC: Water Comp.
ZCH 2004-0092, CUP 2004-0139, TTM 2004-0060
Mitigation Measure 1.c.1: The shared driveway shall be of a decorative nature
BP
PS
to minimize the visual impact of the paved area.
Mitigation Measure 1.d.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.
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 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
1011/07/05
ZCH 2004-0092. 7705 Navajoa Ave.ISMND
70
M
CITY OF ATASCADERO
INITIAL STUDY
Exhibit A
Timing
Responsibility
Mitigation
/Monitoring
Measure
Mitigation Monitoring Program
GP: Grading Permit
BP: Building Permit
P5: Planning Services
BS: Building Services
TO: Temporary
Occupancy
FD: Fre Department
PD: Police Department
77055 Nava oa Avenue.
FI: Final inspection
F0: Final
CE:WasterAtEngineer
WW: Wastewater
Occupancy
CA: City Atlomey
AMWC: Water Comp.
ZCH 2004-0092, CUP 2004-0139, TTM 2004.0060
throughout the duration of the construction or grading activity:
(A) Construction vehicle speed at the work site must be limited to
7
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.
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.
Mitilaation 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
1 01 1107 /0 5
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ZCH 2004-0092,7705 Navajoa Ave.ISMND
•
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El
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CITY OFATASCADERO
INITIAL STUDY
Exhibit A
Timing
Responsibility
Mitigation
/Monitoring
Measure
Mitigation Monitoring Program
GP: Grading Permit
PS: Planning Services
.
BP: Building Permit
BS: Building Services
TO: Temporary
FD: Fire Departmenl
Occupancy
PD: Police Department
7705 Navajoa Avenue
F: Final inspection
F0: Final
Engineer
CE: W Wastewater
Occupancy
CA: City Attorney
-
AMC: Water Comp .
ZCH 2004-0092, CUP 2004-0139, TTM 2004-0060
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 impact/replacement
mitigation per the Atascadero Municipal Code Section 9-11.5.
Mitigation Measure 6.b: The grading permit application plans shall include
GP
CE
s.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.
Mitigation 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 pians 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
BSlPS
1t.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.
1011/07/05
ZCH 2004-0092. 7705 Navajoa Ave. ISMND
72
rruermti3ci-.,: 1
CITY OF ATASCADERO
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
❑ Hydrology / Water Quality
On the basis of this initial evaluation:
❑ Noise
❑ Recreation
❑ Air Quality
❑ Geology /Soils
F-1
Land Use / Planning
❑ 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.
Gleason
iate Planner
1011107/05 ZCH 2004-0092, 7705 Navajoa Ave.ISMND
73
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flarGr-griiti�„wv ,
CITY OF ATASCADERO
INITIAL STUDY
EVALUATION OF ENVIRONMENTAL IMPACTS:
1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the
information sources a Lead Agency cites following each question. A "No Impact" answer is adequately
supported if the referenced information sources show that the impact simply does not apply to projects like the
one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer 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 maybe 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.
1011/07105
ZCH 2004-0092. 7705 Navajoa Ave.ISMND
74
CITY OFATASCADERO
INITIAL STUDY
Potential) Less Than Less Than No 40
Initial Stud 20Q5-QQ58 y
Study Significant Significant with Significant Impact
ZCH 2004-0092, CUP 2004-0139, TTM 2004-0060 Impact Mitigation Impact
Incorporation
7705 Navajoa Ave.
1. AESTHETICS -- Would the project
a) Have a substantial adverse effect on a scenic vista?
117
b) Substantially damage scenic resources, including, but not
prepared pursuant to the Farmland Mapping and Monitoring
N
limited to, trees, rock outcroppings, and historic buildings
Program of the California Resources Agency, to non-
within a state scenic highway?
agricultural use?
c) Substantially degrade the existing visual character or
Z
N
Williamson Act contract?
quality of the site and its surroundings?
c) Involve other changes in the existing environment which,
d) Create a new source of substantial light or glare that
due to their location or nature, could result in conversion of
would adversely affect day or nighttime views in the area?
Farmland, to non-agricultural use?
SOURCES: Project Description; Project Plans
DISCUSSION: The project site is not located within a scenic vista. The site is within the City's multiple -family
residential zoning district. Project conditions will require any lighting at the site to be designed to eliminate off site
glare. All lighting will be residential in nature.
The following mitigation measures are included to ensure neighborhood compatibility and enhancement.
Mitigation Measure 1.cA : Street trees shall be provided along Navajoa Ave and the shared court. All front yard and
common area landscaping will be installed by the developer prior to final of the units. 0
Mitigation Measure 1.c.2: The proposed residential units shall incorporate dark earth toned colors to blend with the
surrounding neighborhood.
2. AGRICULTURAL RESOURCES: In determining whether
impacts to agricultural resources are significant
environmental effects, lead agencies may refer to the
California Agricultural Land Evaluation and Site Assessment
Model (1997) prepared by the California Dept. of
Conservation as an optional model to use in assessing
impacts on agriculture and farmland. Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland
of Statewide Importance (Farmland), as shown on the maps
prepared pursuant to the Farmland Mapping and Monitoring
Program of the California Resources Agency, to non-
agricultural use?
b) Conflict with existing zoning for agricultural use, or a
N
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.
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.
21b. The property is not under a Williamson Act contract.
1011/07/05 Page 6
ZCH 2004-0092. 7705 Navajoa Ave.ISMND
75
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CITY OF ATASCADER0
INITIAL STUDY
Initial Study 2005-0058 Potentially Less Than Less Than No
Significant Significant with Significant Impact
ZCH 2004-0092, CUP 2004-0139, TTM 2004-0060 impact Mitigation Impact
7705 Navajoa Ave. Incorporation
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
F
NJ
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
El
7
N
concentrations?
e) Create objectionable odors affecting a substantial number
F-1
7
of people?
SOURCES: Air Pollution Control District (APCD) CEQA Air Quality Handbook, Project Description; Project Plans.
DISCUSSION:
3.a.c. This project will not affect or produce any significant air pollutants after completion of construction.
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 five 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.
Mitiaation 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
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.
1011107/05
Page 7 ZCH 2004-0092, 7705 Navajoa Ave.iSMND
MI
1�
CITY OFATASCADERO
INITIAL STUDY
Initial Stud 2005-0058 Potentially Less Than Less Than No
Y Significant Significant with Significant impact
ZCH 2004-0092, CUP 2004-0139, TTM 2004-0060 impact Mitigation impact
7705 Navajoa Ave. incorporation
• 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
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
0
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biological resources, such as a tree preservation policy or
1011/07/05
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ZCH 2004-0092. 7705 Nava)oa AveASIAND
CITY OF ATASCADERO
INITIAL STUDY
Initial Study 2005-0058 Potentially Less Than Less Than No
Significant Significant with Significant Impact
ZCH 2004-0092, CUP 2004-0139, TTM 2004-0060 Impact Mitigation impact
7705 Navajoa Ave. Incorporation
ordinance?
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation Plan, t 71
or other approved local, regional, or state habitat
conservation plan?
SOURCES: Project Description; Project Pians; Land Use Element EIR.
DISCUSSION:
4.a. No sensitive species exists on or near the site.
41. 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.
5. CULTURAL RESOURCES -- Would the project
a) Cause a substantial adverse change in the significance of
'15064.5?
1
LLJ
adverse effects, including the risk of loss, injury, or death
a historical resource as defined in
involving:
b) Cause a substantial adverse change in the significance of1771
'15064.5?
i) Rupture of a known earthquake fault, as delineated
1
an archaeological resource pursuant to
on the most recentAlquist-Priolo Earthquake Fault
c) Directly or indirectly destroy a unique paleontological
LLJ
resource or site or unique geologic feature?
fault? Refer to Division of Mines and Geology Special
d) Disturb any human remains, including those interred
Publication 42.
ii) Strong
F7
outside of formal cemeteries?
seismic ground shaking?
SOURCES: Project Description -Photos; Land Use -Element EIR
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.
6. GEOLOGY AND SOILS -- Would the project:
a) Expose people or structures to potential substantial
1
LLJ
adverse effects, including the risk of loss, injury, or death
involving:
i) Rupture of a known earthquake fault, as delineated
1
on the most recentAlquist-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?
1011/07/05
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ZCH 2004-0092. 7705 Navajoa AveASMND
A/
CITY OF ATASCADERO
INITIAL STLIDY
Initial Study 2005-0058
Potentially
Significant
Less Than
Significant with
Less Than
Significant
No
Impact
ZCH 2004-0092, CUP 2004-0139, TTM 2004-0060
Impact
Mitigation
Impact
7705 Navajoa Ave.
Incorporation
iii) Seismic -related ground failure, including
liquefaction?
iv) Landslides?
7
b) Result in substantial soil erosion or the loss of topsoil?
c) Be located on a geologic unit or soil that is unstable, or
that would become unstable as a result of the project, and
potentially result in on- or off-site landslide, lateral
spreading, subsidence, liquefaction or collapse?
d) Be located on expansive soil, as defined in Table 18-1-B
1771
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 Plana
DISCUSSION:
6.a. The San Andreas Fault, located approximately 26 miles northeast of the site, dominates both the structure and
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.
Mitigation 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
environment through reasonably foreseeable upset and ZJ
accident conditions involving the release of hazardous
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•
Initial Study 2005-0058
ZCH 2004-0092, CUP 2004-0139, TTM 2004-0060
7705 Navajoa Ave.
materials into the environment?
c) Emit hazardous emissions or handle hazardous or acutely
hazardous materials, substances, or waste within one-
quarter mile of an existing or proposed school?
CITY OFATASCADER0
INITIAL STUDY
Potentially Less Than Less Than No
Significant Significant with Significant Impact
Impact Mitigation Impact
Incorporation
d) Be located on a site which is included on a list of ❑ ❑ 1
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
17
or, where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the
1771
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
I XJ
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 pian or emergency
evacuation plan?
h) Expose people or structures to a significant risk of loss;
injury or death involving wildland fires, including where
wiidlands 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.
B. HYDROLOGY AND WATER QUALITY -- Would the
project:
a) Violate any water quality standards or waste discharge
requirements?
b) Substantially deplete groundwater supplies or interfere
1771
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
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li l
Initial Study 2005-0058
ZCH 2004-0092, CUP 2004-0139, TTM 2004-0060
7705 Navajoa Ave.
CITY OFATASCADERO
INITIAL STUDY
Potentially Less Than Less Than No
Significant Significant with Significant Impact
Impact Mitigation impact
Incorporation
substantial erosion or siltation on- or off-site?
d) Substantially alter the existing drainage pattern of the site ❑
or area, including through the alteration of the course of a
stream or river, or substantially increase the rate or amount
of surface runoff in a manner that would result in flooding
on- or off-site?
e) Create or contribute runoff water which would exceed the
capacity of existing or planned stormwater drainage systems
or provide substantial additional sources of polluted runoff?
f) Otherwise substantially degrade water quality?
g) Place housing within a 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?
C'
❑ ❑ ❑
❑
❑
❑
❑
❑
❑
❑
❑
❑ ❑ ❑
i) Expose people or structures to a significant risk of loss, El ❑ ❑
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? ❑ ❑ ❑
SOURCES: Project description, Flood Insurance Rate Map 060700 0004 B (1/20/82); Project Plans
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.
8. LAND USE AND PLANNING - Would the project:
a) Physically divide an established community?
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
1011/07/05
:
Page 12
❑
❑
❑
❑
❑
❑
❑
❑
ZCH 2004-0092.7705 NavaioaAve. ISMND
•
•
•
IIfoCG171`,ti0tiir:
GB'yla'IIP�,„
Initial Study 2005-0058
ZCH 2004-0092, CUP 2004-0139, TTM 2004-0060
7705 Navajoa Ave.
CITY OF ATASCADERO
INITIAL STUDY
Potentially Less Than Less Than No
Significant Significant with Significant Impact
Impact Mitigation Impact
Incorporation
natural community conservation plan?
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 units per acre. Properties to
the East are designated as Commercial Professional. The project site is multi-famiiy residential zoning and the
proposed development is consistent with the General Plan. As proposed, the zoning ordinance allows the
establishment of a Planned Development #25 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:
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?
b) Result in the loss of availability of a locally -important
mineral resource recovery site delineated on a local general
plan, specific plan or other land use plan?
SOURCES: Project Description.
DISCUSSION:
10.a.b. No mining is proposed as a part of this project. No known mineral resources have been identified in the area.
11. NOISE -- Would the project result in:
a) Exposure of persons to or generation of noise levels in
17
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
ground -borne vibration or ground -borne noise levels?
c) A substantial permanent increase in ambient noise levels
17
in the project vicinity above levels existing without the
project?
d) A substantial temporary or periodic increase in ambient
noise levels in the project vicinity above levels existing
without the project?
e) For a project located within an airport land use plan or,
17
where such a pian 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?
1011107/05
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ZCH 2OD4-0092. 7705 Navajoa Ave.ISMND
i A
Initial Study 2005-0058
ZCH 2004-0092, CUP 2004-0139, TTM 2004-0060
7705 Navajoa Ave.
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?
CITY OF ATASCADERO
INITIAL STUDY
Potentially
Less Than
Less Than
Significant
Significant with
Significant
Impact
Mitigation
Impact
Incorporation
❑
❑
❑
SOURCES: Project description, Noise Element, Noise Ordinance, Acoustical Design Manual,
No
Impact
F
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.
1.1-.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
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 17directly (for example, by proposing new homes and
businesses) or indirectly (for example, through extension of
roads or other infrastructure)?
b) Displace substantial numbers of existing housing, ❑ ❑ ❑ ❑
necessitating the construction of replacement housing
elsewhere?
c) Displace substantial numbers of people, necessitating the
construction of replacement housing elsewhere?
SOURCES: Project description, General Plan Land Use Element.
DISCUSSION:
12.a. The programmed density in the General Pian for the project site allows for a maximum of 5 residential units.
The project proposes five new residences where two single family residences currently exist. 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. Two existing residence will be demolished to allow for the construction of the proposed four residences.
XIII. PUBLIC SERVICES
1011/07105
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•
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•
•
Initial Study 2005-0058
ZCH 2004-0092, CUP 2004-0139, TTM 2004-0060
7705 Navajoa Ave.
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:
CITY OFATASCADERO
INITIAL STUDY
Potentially Less Than Less Than No
Significant Significant with Significant impact
Impact Mitigation Impact
Incorporation
Fire protection? 7
7
7
Police protection? F1
z
Schools?F1F
Parks? El
1
1
Other public facilities? F�
F
F1
Z
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 -- 1
1011/07/05 Page 15 ZCH 2004-0092. 7705 Navajoa Ave.ISMND
° CITY OF ATASCADERO
INITIAL STUDY
Initial Study 2005-0058 Potentially Less Than Less Than No
Significant Significant with Significant Impact
ZCH 2004-0092, CUP 2004-0139, TTM 2004-0060 Impact Mitigation Impact
7705 Navajoa Ave. incorporation
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. TRANS PORTATIONITRAFFIC -- Would the project:
a) Cause an increase in traffic that is substantial in relation
7
f) Result in inadequate parking capacity?
to the existing traffic load and capacity of the street system
7
(i.e., result in a substantial increase in either the number of
vehicle trips, the volume to capacity ratio on roads, or
congestion at intersections)?
b) Exceed, either individually or cumulatively, a level of
77
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
17
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)?
e) Result in inadequate emergency access?
7
f) Result in inadequate parking capacity?
17
7
g) Conflict with adopted policies, plans, or programs Z
supporting alternative transportation (e.g., bus turnouts, F7 17 17
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.
15.e. The project will have adequate emergency access from Navajoa Ave into the project site.
1011/07/05
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•
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Initial Study 2005-0058
ZCH 2004-0092, CUP 2004-0139, TTM 2004-0060
7705 Navajoa Ave.
CITY OFATASCADERO
INITIAL STUDY
Potentially Less Than Less Than No
Significant Significant with Significant Impact
Impact Mitigation Impact
Incorporation
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 ❑ 1 ❑
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?
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 ❑17
accommodate the project's solid waste disposal needs?
g) Comply with federal, state, and local statutes and Elregulations related to solid waste?
F-1 El
SOURCES: Project description, Land Use Element (LUE) EIR; Project Plans.
DISCUSSION:
Water., The Atascadero Mutual Water Company (AMWC) will provide water. All property within the city limits is
entitled to water from the AMWC. The project is not expected to require significant quantities of water for the
proposed uses.
Water is pumped from two portions of the largest underground basin in the county, the Paso Robles Formation, using
a series of shallow and deep wells. The water company anticipates that it will be able to meet the city's needs through
buildout and beyond:
Water demand at buildout under the LUE is estimated at about 8,500 acre-feet per year (AFY). The total available
groundwater supply greatly exceeds demand, according to the findings of the Long -Term Viability of Water study.
However, the water company does not currently have the deep wells needed to tap into the total amount needed at
buildout. The water company is currently developing plans for installing wells where they will be most effective and will
not conflict with water rights of others. According to the Water Company, development of additional wells is expected
0 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.
1011/07/05
age 17
ZCH 2004-0092, 7705 Navajos Ave.ISMND
MO.
W, CITY OFATASCADERO
INITIAL STUDY
Initial Study 2005-0058 Potentially Less Than Less Than No
Significant Signlficantwith Significant Impact
ZCH 2004-0092, CUP 2004-0139, TTM 2004-0060 Impact Mitigation impact
7705 Navajoa Ave. Incorporation
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 F F F7
of the environment, substantially reduce the habitat of a fish
or wildlife species, cause a fish or wildlife population to drop
below self-sustaining levels, threaten to eliminate a plant or
animal community, reduce the number or restrict the range
of a rare or endangered plant or animal or eliminate
important examples of the major periods of California history
or prehistory?
b) Does the project have impacts that are individually
limited, but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection with the
effects of past projects, the effects of other current projects,
and the effects of probable future projects)?
c) Does the project have environmental effects that will 7
cause substantial adverse effects on human beings, either
directly or indirectly?
DISCUSSION: The project site is comprised of four residential parcels developed with five residential units. The
proposed project is consistent with the requirements for the establishment of aplanned Development #25 Zoning
District. In addition, the project is consistent with the City's General Plan 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 Interior's Standards for Rehabilitation of Historic Buildings
PROJECT -SPECIFIC SOURCES:
Project description includes the following:
■ Tentative Parcel Map, RTC
• Site Plan, Grading and Drainage Plan, RTC
• Floor Plans & Elevations, Color and materials Board, Richard Low, Jr.
■ Preliminary Landscape Plan
1011/07/05
Page 18 .
ZCH 2004-0092. 7705 Navajoa Ave.ISMND
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ITEM NUMBER: B-1
DATE: 01/24/06
ATTACHMENT 3: Draft Resolution A
Certification of Draft Mitigated Negative Declaration
DRAFT RESOLUTION A
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, CERTIFYING
PROPOSED MITIGATED NEGATIVE DECLARATION 2005-0058
PREPARED FOR ZONE CHANGE 2004-0092, TENTATIVE TRACT MAP
2004-0060, AND CONDITIONAL USE PERMIT 2004-0139
ON APN 031-183-031, 032
(Navajoa Ave/Tanner, Fragione)
WHEREAS, an application has been received from Kinsey H. Tanner, Jr. (5290
Barrenda Ave, Atascadero, CA 93422) and Shawn Fragione (7790 Aragon Rd., Atascadero, CA
93422) 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 a corresponding Master Plan of Development and
Vesting Tentative Tract Map on a 0.55 -acre site located at 7705 and 7735 Navajoa Ave (APN
031-183-031, 032); and,
WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2005-0058
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 January 3, 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
24, 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 2005-0058 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,
ITEM NUMBER: B-1
DATE: 01/24/06
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,
S. 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:
Thomas O'Malley, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Patrick Enright, City Attorney 0
•
•
CITY OF ATAS CARER O
PROPOSED MITIGATED
NEGATIVE DECLARATION #2005-0058
6905 EI Camino Real, Suite 6 Atascadero, CA 93422 805/461-5000
Applicant:
Bud Tanner, 5290 Barrenda Ave, Atascadero, CA 93422 466-2836
Project Title:
Zone Change 2004-0092, Conditional Use Permit 2004-0139; Tentative Tract Map 2004-0060 for a S-
lot Planned Development subdivision
Project
7705 Navajoa Avenue, Atascadero, CA 93422 (Single Family Residence)
Location:
(San Luis Obispo County) APN 031-183-013, 031-183-032.
Project
The proposed project consists of an application for a Zone Change, Conditional Use Permit, and
Description:
Tentative Parcel Map for the construction of five new detached single-family homes on individual lots
that will be developed under the requirements of the Planned Development 425 overlay district
standards within the Residential Multi -Family (RMF -10) zoning district. The project includes one
home per lot each with a two -car garage and one parking space in each driveway. The project will be
served by City sewer.
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 Iimited, 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 a part hereof by
reference and on file in the Community Development Department), it has been determined that the above project will
not have an adverse impact on the environment when the following proposed mitigation measures are incorporated
into the project (see attachment).
Prepared By: Kelly Gleason, Associate Planner
Date Posted: November 7, 2005
Public Review Ends: November 28, 2005
Attachments: - Location / Zoning Map
- Site Plan
file: ZC1.12004-0092 7705 Nwnlon Av 18WAD Print W, W01/059:72 AM
6905 EL CAMINO REAL, SUITE 6 a ATASCADERO, CALIFORNIA 93422 - (805) 461-5000 • FAX 461-7612 90
ITEM NUMBER: B-1
DATE: 01/24/06
ATTACHMENT 4: Draft Ordinance A
Approval of Proposed Zoning Map Change
DRAFT ORDINANCE A
ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING ZONE
CHANGE 2005-0092, AMENDING THE OFFICIAL ZONING MAP
DESIGNATION OF APN 031-183-031, 032 FROM RMF -10 (RESIDENTIAL
MULTI -FAMILY —10) TO RMF-10/PD-25 (RESIDENTIAL MULTI-
FAMILY—10/PLANNED DEVELOPMENT OVERLAY #25)
(Navajoa Ave / Tanner, Fragione)
The City Council hereby finds and declares as follows:
•
WHEREAS, an application has been received from Kinsey Tanner (5290 Barrenda Ave,
Atascadero, CA 93422) and Shawn Fragione (7790 Aragon Rd., Atascadero, CA 93422)
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 a corresponding Master Plan of Development and Vesting
Tentative Tract Map on a 0.55 -acre site located at 7705 and 7735 Navajoa Ave (APN 031-183-
031, 032); and, 0
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 2005-0058 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
hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendments;
and,
91
ITEM NUMBER: B-1
DATE: 01/24/06
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on January 3, 2006, studied and considered Zone Change 2004-0092, 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 24, 2006, studied and considered Zone Change 2004-0092, 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 24, 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
ITEM NUMBER: B -1
DATE: 01/24/06
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.
INTRODUCED at a regular meeting of the City Council held on , and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on
, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CITY OF ATASCADERO
By:
Tom O'Malley, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Patrick L. Enright, City Attorney
93
0
•
ITEM NUMBER: B-1
DATE: 01/24/06
Exhibit A: Zone Map Amendment Diagram
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 — 10 / Planned
Development Overlay 25
M
ATTACHMENT 5: Draft Resolution B
Approval of Proposed Master Plan of Development
DRAFT RESOLUTION B
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT 2004-0139 (MASTER PLAN OF
DEVELOPEMNT)
ON APN 031-183-0319 032
(Navajoa Ave. / Tanner, Fragione)
WHEREAS, an application has been received from Kinsey Tanner (5290 Barrenda Ave,
Atascadero, CA 93422) and Shawn Fragione (7790 Aragon Rd., Atascadero, CA 93422)
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 a 'corresponding Master Plan of Development and Vesting
Tentative Tract Map on a 0.55 -acre site located at 7705 and 7735 Navajoa Ave (APN 031-183-
031, 032); and,
•
WHEREAS, the site's General Plan Designation is MDR (Medium Density Residential); 0
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 2005-0058 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 Conditional
Use Permit 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,
95
•
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on January 3, 2006, studied and considered the Conditional Use Permit
2004-0139 (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 24, 2006, studied and considered Conditional Use Permit 2004-0139 (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,
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular
session assembled on January 24, 2006, resolved to approve Conditional Use Permit 2004-0139
(Master Plan of Development) subject to the following:
EXHIBIT A: Conditions of approval / Mitigation Monitoring Program
EXHIBIT B:
EXHIBIT C:
Master Plan of Development
Landscape Plan
EXHIBIT D:
Floor Plans Units Al and A2
EXHIBIT E:
Floor Plans Units B 1, B2, B3
EXHIBIT F:
Elevations Units Al, A2
EXHIBIT G:
Elevations Units B 1, B2, B3
EXHIBIT H:
Grading and Drainage Plan
EXHIBIT I:
Color and Materials
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:
Patrick L. Enright, City Attorney
97
•
•
•
11
•
EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program
PD -25 Master Plan of Development (CUP 20040139)/ZCH 20040092
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
7705, 7735 Navajoa Ave
BL: Business
License
BS: Building Services
FD: Fre Depadment
PD -25 Master Plan of Development
GP: Grading Per it
BP: BuildingPemiit
PD: Police Department
CE: City Engineer
FI: Finallnspectbn
WW: Wastewater
TO: Temporary
CA Ciy Allomey
Occupancy
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 2004-0092 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. 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
Planning Commission approval. Any associated Tentative Maps shall be
subject to Planning Commission approval.
3. Approval of this Conditional Use Permit shall be valid for twelve (12) months
BP/FM
PS
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.
4. The applicant shall defend, indemnify, and hold harmless the City of
Ongoing
PS
Atascadero of 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
5. All subsequent Tentative Map and construction permits shall be consistent
BP / FM
PS, CE
with the Master Plan of Development contained herein.
6. All exterior elevations, finish materials and colors shall be consistent with the
BP
PS
Master Plan of Development as shown in EXHIBIT F and G 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.
• Additional eave brackets shall be added to the gable ends.
• Roofs shall be architectural grade dimensional shingles.
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Sewas
BL Business
BS: Building Seram
7705, 7735 Navajoa Ave
License
FD: Fire Dep rinent
PD -25 Master Plan of Development
GP: Grading Pernit
BP: Building Penit
PD: Police Department
CE: city Engineer
FI: Final Inspection
WW: Wastewater
TO: Tenporary
CA CO Atlomey
Occupancy
F0: Final Occupancy
7. All site development shall comply with the standards of the Planned
BP
PS, BS
Development 25 Overlay District.
8. 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.
9. 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 fagade of the units along all
street and parking court frontages.
10. Final selection of colors and materials identified in EXHIBIT F, G and I shall
GP/BP
PS
be subject to staff approval.
11. A final landscape and irrigation plan shall be approved prior to the issuance of
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.
12. The developer and/or subsequent owner shall assume responsibility for the
continued maintenance of all landscape and common areas, consistent with
EXHIBIT C.
13. Affordable Housing Requirement: The applicant shall deed restrict a 1
GP/BP
PS, CA
residential unit for 30 years, prior to or concurrently with the final map, at a
moderate income rate or shall pay an in -lieu fee of 5% of the construction
valuation of each unit.
14. Workforce Housing: Prior to recordation of final map, the applicant shall enter
BP
PS, CA
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:
••
•
•
•
•
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL: Business
BS: Building Services
7705, 7735 Navajoa Ave
License
FD: FieDepanment
GP: Grading Permit
PD: Poke Department
PO -25 Master Plan of Development
BP: BuildingPermil
CE: Cily Engineer
-
FI: Final Inspection
WW: Wastevrater
TO: Tenporary
CA: City Attorney
Occupancy
F0: Final Occupancy
• 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.
15. 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.
16. 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.
17. All tract maintenance costs listed below shall be 100% funded by the project
BP
PS
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
100
Conditions of Approval /
riming
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL: Business
&S: Building Services
7705, 7735 Navajoa Ave
License
FD: Fire Department
PD -25 Master Plan of Development
GP: Grading Permit
BP: BuildingPerrrO
PD: Police Depadment
CE: City Engineer
FI: Final Inspection
WW: Wastewater
TO: Temporary
CA: City Altomey
Occupancy
FO: Final Occupancy
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.
g) All frontage landscaping and sidewalks along arterial streets
18. 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
taking effect.
19. The front elevations facing Navajoa shall be revised to eliminate the chimney
and add additional features to provide enhanced orientation toward the
Navajoa frontage, subject to staff approval.
City Engineer Conditions
101
•
•
•
•
Conditions of Approval /
'riming
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL Business
BS: Building Servim
7705, 7735 Navajoa Ave
License
FD: Fie Department
PD -25 Master Plan of Development
GP: Grading Permit
BP: Building Permit
PD: Police Department
CE: City Engineer
FI: Final Inspection
WW: Wastewater
TO: Temporary
CA City Attorney
Occupancy
F0: Final Occupancy
PROJECT SPECIFIC CONDITIONS
Drainage:
20. Obtain approval by the City Engineer of the grading & drainage plan and the
BP, GP
CE
storm drain design & facilities.
21. 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.
22. 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.
23. Show the method of dispersal at all pipe outlets. Include specifications for size
BP, GP
CE
& type.
24. Acquire drainage easements where needed. Drainage shall cross lot fines
BP, GP
CE
only where a drainage easement has been provided.
25. Concentrated drainage from off-site areas shall be conveyed across the
BP, GP
CE.
project site in drainage easements. Acquire drainage easements where
needed. Drainage shall cross lot lines only where a drainage easement has
been provided. If drainage easement can not be obtained the storm water
release must follow the exact historic path, rate and velocity as prior to the
subdivision.
Public Improvements and Maintenance:
Navaioa Avenue
26. The applicant must provide for the repair and maintenance of on-site shared
FM
CE
improvements. This includes driveway, private sewer system, lighting, and
drainage facilities.
The City Engineer and City Attorney shall approve the final form prior to
recordation.
27. All public improvements shall be constructed in conformance with the City of
BP, GP
CE
Atascadero Engineering Department Standard Specifications and Drawings,
and current ADA standards or as directed by the City Engineer.
28. Full frontage improvements are required with this development. These include
BP, GP
CE
curb, gutter, sidewalk and paveout. Public Improvement plans shall be
submitted detailing the design.
102
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Series
BL: Business
BS: Building Services
7705, 7735 Navajoa Ave
License
FD: Fire Department
PD -25 MasterPlan of Development
GP: Grading Permit
BP: Building Permit
PD: Police Department
CE: City Engineer
FI: Final Inspection
WW: Wastewater
TO: Temporary
CA City Attorney
Occupancy
F0: Final Occupancy
29. A pedestrian access easement shall be recorded on the final map for ADA
FM
CE
access way behind driveway approach.
30. Prior to issuance of building permits, the applicant shall submit a grading and
BP, GP
CE
drainage plan with a separate sheet(s) devoted to sedimentation and
erosion control, prepared by a registered civil engineer for review and
approval by the City Engineer.
SANITARY SEWER CONDITIONS
31. Applicant shall pay sewer extension (annexation) fees upon issuance of
BP, GP
WW
building permit. Sewer Connection and Reimbursement fees shall be payable
upon actual connection of the building sewer to the public sewer system.
32. Gravity mains and other sewer facilities within the subdivision shall be
BP, GP
WW
privately owned and maintained.
STANDARD CONDITIONS
33. 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.
34. 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.
35. 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.
36. The Subdivision Improvement Agreement shall record concurrently with the
FM
CE
Final Map.
37. The applicant shall be responsible for the relocation and/or alteration of
BP, GP
CE
existing utilities.
38. 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.
39. The applicant shall monument all property comers for construction control and
FM
CE
shall promptly replace them if disturbed.
40. 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
103
•
•
•
•
•
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
7705, 7735 Navajoa Ave
BL: Business
License
BS: Building Services
FD: FiireDepartment
PD -25 Master Plan of Development
GP: Grading Penni)
BP: Building Pennit
PD: Police Department
OR Cry Engineer
FI: Final Inspection
WW: Waslewaler
TO: Temporary
CA Cry Allomey
Occupancy
F0: Final Occupancy
egress is affected by these improvements.
41. Slope easements shall be provided as needed to accommodate cut of fill
FM
CE
slopes.
42. Drainage easements shall be provided as needed to accommodate both
FM
CE
public and private drainage facilities.
43. 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.
44. 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.
45. Prior to recording the tract 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.
46. Prior to recording the map, the applicant shall complete all improvements
FM
CE
required by these conditions of approval
47. 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 required by the utility company.
A copy of the letter shall be submitted to the City. New easements shall be
shown on the map.
48. 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.
49. 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.
50. 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.
51. An encroachment permit shall be obtained prior to any work within City rights
BP, GP
CE
of way.
52. 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
104
Conditions of Approval /
'riming
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Sennces
BL: Business
BS: Building Services
7705, 7735 Navajoa Ave
License
FD: FireDeparlment
PD -25 Master Plan of Development
GP: Grading Perrot
BP: BuildingPemil
PD: Police Department
CE: City Engineer
-
FI: final Inspection
WW: Wastewaler
TO: Temporary
CA: City Attorney
Occupancy
FO: Final Occupancy
approval by the City Engineer.
Atascadero Mutual Water Company
53. 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.
54. 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.
55. Before issuance of building permits, the applicant shall obtain a "Will
Serve" letter from AMWC for the newly created lots within the subdivision.
56. 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.
57. 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.
58. The applicant shall obtain a separate landscape -irrigation meter from
AMWC for the common areas within the project. Landscaping for 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
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
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
105
•
•
•
C7
•
•
Conditions of Approval /
Mitigation Monitoring Program
7705, 7735 Navajoa Ave
PD -25 Master Plan of Development
Timing
BL: Business
License
GP: Grading Permit
BP: Building Perini
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final Occupancy
Responsibility
/Monitoring.
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
Ce: city Engineer
WW: Wastewater
Ck City Attorney
Mitigation
Measure
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 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
wetted to prevent visible emissions from crossing the property
line;
D Storage piles must be kept adequately wetted, treated with a
106
Conditions of Approval /
'riming
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
7705, 7735 Navajoa Ave
BL Business
License
BS: Building Services
. FD: Fire DepMrnent
PD -25 Master Plan of Development
GP: Grading Permit
BP: Building Permit
PD: Police Depadment
CE: city Engineer
' -
FI: Final Inspection
WW: Wastewater
T0: Temporary
CA City Atomey
Occupancy
F0: Final Occupancy
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.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.
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 impact/replacement
mitigation per the Atascadero Municipal Code Section 9-11.5.
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.
Mitigation 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.
107
•
•
•
•
•
Conditions of Approval /
Mitigation Monitoring Program
7705, 7735 Navajoa Ave
PD -25 Master Plan of Development
Timing
BL: Business
License
GP: Grading Permit
BP: BuildingPermt
FI: Final Inspectbn
TO: Temporary
Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Servbes
FD: FireDepanment
PD: Poke Department
CE: Cry Engineer
WW: Wastewater
CA City Attomey
Mitigation
Measure
Mitigation Measure 8.e.f: The developer is responsible for ensuring that all
BP
CE
8.0
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 of
Ongoing
BS/PS
11.d
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.
Milo
EXHIBIT B: Master Plan of Development/Site Plan
109
•
•
•
•
•
EXHIBIT C: Landscape Plan
Dm
1D
A E•. to s A3sr�IFxzy��
4'i#I
a
f -#�lit$a y'Y'1rY �€ r� „;. �a'� � y:. t
9
;
S NAVAJOA AV5NUe
°_i
7 � v
��i�8tt�oirYSEiit� i� d• � �„ . � �
-I
9 ;
i e
110
CHIBIT D: Floor Plans Unit Al and A2
./—, LOWER FLOOR PLAN UMI? A^Y
t{
bi
4
w
a�
..........
_
.» M.. -...:-..
i
UPPER FLOOR PLAN UNITA'-1
^;.�. UPPER FLO
A'z OR PLAN UNIT A^2
ft urAe:.�• _q
0-
0
•
EXHIBIT E: Floor Plans Units B1, B2, B3
112
113
1 UPPER FLOOR PLAN UNTT8.3
84
•
•
•
At
M
j,
g
UPPER FLOOR PLAN UMT13-1
113
1 UPPER FLOOR PLAN UNTT8.3
84
•
•
•
EXHIBIT F: Elevations Units Al, A2
�10
....... . ..... . ... . ......
d.
I II
EAST ELEVATION BUILDING 4W r -7
' Hf+1 'bKk�vY-•ra � ...... a., wxw.wn )
:SOUTH ELEVATION BUILDINaA-1
WEST ELEVATMN-BUILDING A-1
•AT�.,._:.,.�:._�.�.-`r,. .:. . �ii<Il�rl I I .'�'� t"tl i'' fl �U!''S� ��i..
ELEVATION SUIDING A4 ',' .,, ,' iac.:s NOt`v'fH ELEYAT10N 8UNii71NG A,2
'l EAST ELEVATION BUILDING A-2
114
WHOM
C
'l EAST ELEVATION BUILDING A-2
114
(HIBIT G: Elevations Unit B1, 132, B3
BUILDING &I
ml,qm-m �
MINE go-
....... . . . .........
MLLE��F I H
115
=4
z
Iwo Euymm wtmo e -i
BUILDING 3�
Iseax
9
0
EAST ELEVATION BUILDING B-2
•
L-1
116
EXHIBIT H: Grading and Drainage Plan
117
•
[7
•
EXHIBIT 1: Color and Materials
**See project file for colors**
•
•
118
ATTACHMENT 6: Draft Resolution C
Approval of Proposed Vesting Tentative Tract Map
DRAFT RESOLUTION C
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING
VESTING TENTATIVE TRACT MAP 2004-0060, A FIVE LOT
SUBDIVISION CONSISTENT WITH A MASTER PLAN OF
DEVELOPMENT ON APN 031-183-0319 032
(Navajoa Ave. /Tanner, Fragione)
WHEREAS, an application has been received from Kinsey Tanner (5290 Barrenda Ave,
Atascadero, CA 93422) and Shawn Fragione (7790 Aragon Rd., Atascadero, CA 93422)
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 a corresponding Master Plan of Development and Vesting
Tentative Tract Map on a 0.55 -acre site located at 7705 and 7735 Navajoa Ave (APN 031-183-
031, 032); 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 2005-0058 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 Vesting
Tentative Tract Map application was held by the Planning Commission of the City of Atascadero
at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of
Development; and,
•
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on January 3, 2006, studied and considered Tentative Tract Map 2004-0060,
after first studying and considering the Proposed Mitigated Negative Declaration prepared for the
project, and 0
119
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on January 24, 2006, studied and considered Tentative Tract Map 2004-0060, 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 Vesting Tentative Tract 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 2004-0139).
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 Master Plan of Development conditions of approval to ensure that the site
retains the proposed qualities (architecture, colors, materials, plan amenities, fencing, and
landscaping) over time.
8. The proposed subdivision design and type of improvements proposed will not be
detrimental to the health, safety or welfare of the general public.
•
120
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular
session assembled on January 24, 2006, resolved to approve Vesting Tentative Tract Map (TTM
2003-0060) subject to the following:
1. Exhibit A: Vesting Tentative Tract Map 2004-0060
2. Exhibit B: Conditions of Approval / 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
By:
Tom O'Malley, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Patrick L. Enright, City Attorney
121
•
•
•
•
exhibit A: Vesting Tentative Tract Map
122
Exhibit B: Conditions of Approval / Mitigation Monitoring Program
Tentative Tract Map 2004-0060
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
Navajoa Ave
BP: Building Permit
SIP: Subdtvisbn
BS: Building Services
FD: Fire Department
Vesting Tentative Tract Map
Improvement Plans
FM: Final Map
PD: Police Depaent
rtm
CE: City Engineer
TTM 2004-0060
TO: Ter porary
Occupancy
WW: Wastewater
CA city Attorney
FI: Final inspection
AMWC: Water Cone.
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 2004-0092 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
031-183-031, 032) 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 Tract 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
123
•
•
•
•
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure:
GP: Grading PerrrA
PS: Planning Services
BP: Building Permt
BS: Building Services
Navajoa Ave
SIP: subdivision
FD: Fre Department
Vesting Tentative Tract Map
Improvement Plans
FM: Final Map
PD: Police Deparbnent
CE: City Engineer
TTM 2004-0060
TO: Temporary
Occupancy
WW: Wastewater
CA City Attorney
FI: Final inspection
AMWC: Water Cone.
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
BP
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.
124
Conditions of Approval /
'riming
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
BP: Building Permit
BS: Building Services
Navajoa Ave
SIP: Subdivision
FD: FireDepanment
Vesting Tentative Tract Map
Improvement Plans
FM: Final Map
PD: Police Department
GE: City Engineer
TTM 20040060
�upancy
WW: City Allo ey
FI: Final inspection
AMWC: Water Comp.
F0: 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 deed restrict a 1
GP/BP
PS, CA
residential unit for 30 years, at the moderate income rate, prior to
recordation of the final map or shall pay in -lieu fees based on 5% of the
construction valuation of each unit.
12. Workforce Housing: Prior to recordation of final map, the applicant shall
BP
PS, CA
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.
13. The developer and/or subsequent owner shall assume responsibility for
Ongoing
PS
the continued maintenance of all landscape and common areas.
City Engineer Conditions
PROJECT SPECIFIC CONDITIONS
Drainage:
14. Obtain approval by the City Engineer of the grading & drainage plan and
BP, GP
CE
125
•
•
•
•
•
11
Conditions of Approval /
'riming
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
BP: Building Permit
BS: Building Services
Navajoa Ave
SIP: Subdivision
FD: Fire Department
Vesting Tentative Tract Map
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
TTM 20040060
TO: Temporary
Occupancy
WW: Wastewater
Ca city Attorney
Fl: Final inspection
AMC: Water Corte,
F0: Final Occupancy
the storm drain design & facilities.
15. 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.
16. 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.
17. Show the method of dispersal at all pipe outlets. Include specifications for
BP, GP
CE
size & type.
18. Acquire drainage easements where needed. Drainage shall cross lot lines
BP, GP
CE
only where a drainage easement has been provided.
19. Concentrated drainage from off-site areas shall be conveyed across the
BP, GP
CE
project site in drainage easements. Acquire drainage easements where
needed. Drainage shall cross lot lines only where a drainage easement has
been provided. If drainage easement can not be obtained the storm water
release must follow the exact historic path, rate and velocity as prior to the
subdivision.
Public Improvements and Maintenance:
Navaioa Avenue
20. The applicant must provide for the repair and maintenance of on-site shared
FM
CE
improvements. This includes driveway, private sewer system, lighting, and
drainage facilities.
The City Engineer and City Attorney shall approve the final form prior to
recordation.
21. All public improvements shall be constructed in conformance with the City of
BP, GP
CE
Atascadero Engineering Department Standard Specifications and Drawings,
and current ADA standards or as directed by the City Engineer.
22. Full frontage improvements are required with this development. These
BP, GP
CE
include curb, gutter, sidewalk and paveout. Public Improvement plans shall
be submitted detailing the design.
23. A pedestrian access easement shall be recorded on the final map for ADA
FM
CE
access way behind driveway approach.
126
Conditions of Approval /
Tinning
Responsibility
Mitigation
Mitigation Monitoring Program
/monitoring
Measure
GP: Grading Perm t
PS: Planning Services
BP: Building Permit
BS: Building Services
Navajoa Ave
SIP: Subdivision
FD: Fire Department
Vesting Tentative Tract Map
M`Fna Map ams
PD: Police yEnginDepartment
CE: City Engineer
TTM 2004-0060
TO: Temporary
occupancy
WW: Wastewater
Ca City atlomey
FI: Final inspection
AMWC: Water Comp.
F0: Final Occupancy
24. Prior to issuance of building permits, the applicant shall submit a grading and
BP, GP
CE
drainage plan with a separate sheet(s) devoted to sedimentation and
erosion control, prepared by a registered civil engineer for review and
approval by the City Engineer.
SANITARY SEWER CONDITIONS
25. Applicant shall pay sewer extension (annexation) fees upon issuance of
BP, GP
WW
building permit. Sewer Connection and Reimbursement fees shall be
payable upon actual connection of the building sewer to the public sewer
system.
26. Gravity mains and other sewer facilities within the subdivision shall be
BP, GP
WW
privately owned and maintained.
STANDARD CONDITIONS
27. 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.
28. 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.
29. 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.
30. The Subdivision Improvement Agreement shall record concurrently with the
FM
CE
Final Map.
31. The applicant shall be responsible for the relocation and/or alteration of
BP, GP
CE
existing utilities.
32. 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.
33. The applicant shall monument all property corners for construction control
FM
CE
and shall promptly replace them if disturbed.
34. 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.
127
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0
•
•
•
Conditions of Approval /
riming
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GR. Grading Permit
PS: Planning Services
BP: Building Permit
BS: Building Services
Navajoa Ave
SIP: Subdivision
FD: FireDepadment
Vesting Tentative Tract Map
Inprovement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
TTM 2004-0060
TO: Temporary
Occupancy
WW: Wastewater
Ca City Attorney
FI: Final inspection
AMWC: Water Camp.
F0: Final Occupancy
35. Slope easements shall be provided as needed to accommodate cut of fill
FM
CE
slopes.
36. Drainage easements shall be provided as needed to accommodate both
FM
CE
public and private drainage facilities.
37. 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.
38. 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.
39. Prior to recording the tract 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.
40. Prior to recording the map, the applicant shall complete all improvements
FM
CE
required by these conditions of approval
41. 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
shown on the map.
42. 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.
43. 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.
44. 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.
45. An encroachment permit shall be obtained prior to any work within City rights
BP, GP
CE
of way.
128
Conditions of Approval /
'riming
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Pemml
PS: Planning Services
BP: Building Permit
BS: Building Services
Navajoa Ave
SIP: Subdivabn
FD: FireDepadment
Vesting Tentative Tract Map
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
TTM 2004-0060
TO: Temporary
Occupancy
WW: Wastewater
CA: Cry Attorney
FI: Final inspection
AMWC: Water Corp.
F0: Final Occupancy
46. 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.
Mitigation Measures
Mitigation Measure 1.c.1: The shared driveway shall be of a decorative nature
BP
PS
1.0
to minimize the visual impact of the paved area.
Mitigation Measure 1.d.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.
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 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.
129
•
is
•
•
•
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
BP: Building Permit
BS: Building Services
Navajoa Ave
SIP: Subdivision
FD: Fire Departrrent
Vesting Tentative Tract Map
Improvement Plans
FM: Final Map
PD: Police Department
CE: Ciy Engineer
TTM 20040060
TO: Temporary
Occupancy
WW: Wastewater
CA CiN Attorney
Fl: Final inspection
AMWC: Water Comp,
F0: Final Occupancy
■ 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.
Mitigation Measure 4.e.1: The Grading Plan shall identify tree protection
GP
PS
4.e.1
fencing around the drip line 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:
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 drip line
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.
130
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
BP: Building Pemit
BS: Building Services
Navajoa Ave
SIP: Subdivision
Improvement Plans
FD: Fire Department
PD: Police Department
Vesting Tentative Tract Map
FM: Final Map
CE: City Engineer
TTM 2004-0060
T0: Tenporary
Occupancy
WW: Wastewater
Cn Go Attorney
Fl: Final lspection
AMWC: Water Cone.
F0: Final occupancy
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 impact/replacement
mitigation per the Atascadero Municipal Code Section 9-11.5.
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.
Mitigation 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 of
Ongoing
BSlPS
11.d
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.
\\Cityha11\cdv1pmnt\- ZCH - Zone Change\ZC 04\ZCH 2004-0092.7705 Navajoa Ave\ZCH 2004-0092. Navajoa Ave PC-SR.kg.doc
131
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Atascadero Ci
Council
ITEM NUMBER: B - 2
DATE: 01/24/06
Report - Community Development Department
Road Abandonment 2004-0015
Request to Summarily Vacate an Undeveloped Alley
(EI Camino Read/Principal Avenue)
(Westpac Investments, Inc./The Wallace Group)
RECOMMENDATION:
Planning Commission recommends Council adopt Resolution A summarily vacating an
unconstructed alley right-of-way based on findings and subject to conditions of
approval.
REPORT -IN -BRIEF:
1. Applicant/Owners Hamish Marshall/Westpac Investments, Inc., 805
Aerovista Place, Suite 302, San Luis Obispo, CA
93401 -
2. Project Address: East of El Camino Real, North of Principal Avenue
and South of Gusta Road
APN:. Portions of 030-491-013, 030-491-015, 016,
017, and 018
3. General Plan Designation: Medium Density Residential (MDR)
4. Zoning District: Residential Multi -Family -10 and Commercial Retail
with PD 24 Overlay
5. Site Area: Approximately three (3) acres
6. Existing Use: Approved Master Plan of Development for a Mixed -
Use Project.
132
7. Environmental Status: Consistent with Mitigated Negative Declaration 2004-
0024, adopted by the City Council on October 12,
2004.
DISCUSSION:
Background:
This alley abandonment is being requested to facilitate the construction of an approved
development project. On October 12, 2004, the City Council approved a General Plan
Amendment, Zone Change, Conditional Use Permit and Tentative Tract Map for a
mixed use (residential/commercial) development on the northeast corner of EI Camino
Real and Principal. The alley right-of-way, originally created by an old subdivision map
(Map ADS Additional No. 1, Book 5, Page 1 of Map) has never been constructed or
used.
133
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0 Analysis:
State Requirements - Requirements for summarily vacating a road are found in the
Streets and Highways Code, Section 8331, which provides:
8331. The legislative body of a local agency may summarily vacate a street
or highway if both of the following conditions exist:
(a) For a period of five consecutive years, the street or highway
has been impassable for vehicular travel.
(b) No public money was expended for maintenance on the street
or highway during such period.
City Requirements California Government Code Section 65402 requires that all
abandonments be consistent with the legislative bodies General Plan, as follows:
"if a general plan or part thereof has been adopted ... no real property shall
be ... vacated or abandoned... until the location, purpose and extent of
such ... street vacation or abandonment... has been submitted to and reported
upon by the planning agency as to the conformity with said general plan or part
thereof.
The right-of-way under consideration was created by a subdivision map in
approximately 1929. The alley has never been constructed. In addition, the alley is not
identified in the General Plan Circulation or Bikeway/Trail diagrams as a potential
pathway for community residents. Therefore, abandonment of the alley would not be
inconsistent with the General Plan.
The Planning Commission held a public hearing regarding this request on December 6,
2005 and recommend that the City Council approve the abandonment. Planning
Commission minutes are incorporated below:
134
1-1annma t.vmm1sswn MillutGa
5. ROAD ABANDONMENT 2004-0015, EL CAMINO REAL & PRINCIPAL
Owner:
Westpac Investments, Inc., 805 Aerovista Place, Suite 302, San Luis Obispo, CA 93401
Project Title:
Vacation (to vacate) a Paper Alley
Project
The project is located north of Principal Avenue, west of Pino Solo Road, east of and
Location:
adjacent to El Camino Real, Atascadero, CA (San Luis Obispo County)
Crosses APNs 030-491-013, 015, 016, 017, and 018
Project
Request to summarily vacate an unconstructed alley, originally created by Map ADS
Description:
Additional No. 1 as recorded in Book 5 at Page I of Maps, County Recorder's Office,
San Luis Obispo County.
General Plan Designation: MDRIGC
Zoning District: RMF-10/CR
Proposed
Consistent with Mitigated Negative Declaration 2004-0024, adopted by the City Council
Environmental
on October 12, 2004.
Determination:
Associate Planner Kerry Margason gave the staff report and answered questions of the
Commission.
PUBLIC COMENT
Brad Brechwald, applicant's representative, answered questions of the Commission.
Chairperson Porter closed the Public Comment period.
MOTION: By Commissioner Fonzi and seconded by Commissioner O'Keefe to
adopt Resolution 2005-0100 recommending the City Council
summarily vacate an unconstructed alley right-of-way based on
findings and subject to conditions of approval.
Motion passed 4:0 by a roll -call vote.
Conclusion:
The proposed abandonment meets both criteria of the State requirements as the alley
has not been constructed and has been impassable for vehicular travel for a period of
five consecutive years and public money has not been expended for maintenance on
the alley during the stated time period.
The abandonment is consistent with the City's Circulation Element of the General Plan
and will not reduce or interfere with planned roads, bikeways or trails.
135
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ALTERNATIVES:
1. The Council may approve the project, subject to additional or revised project
conditions. The Council's motion to approve needs to include any new or revised
project conditions.
2. The Council may deny the project if it is found to be inconsistent with the General
Plan or any of the other required findings. The Commission's motion to deny
must include a finding basis for denial.
3. The Council may continue the hearing and refer the item back to staff for
additional information or analysis. Direction should be given to `staff and the
applicant on required information.
FISCAL IMPACT:
No significant fiscal impact is anticipated with this road abandonment.
ATTACHMENTS:
Attachment 1 -- Location Map (General Plan & Zoning)
Attachment 2 -- Draft Resolution A
136
Attachment 1: Location and Zoning Map
RAB 2004-0015
137
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•
•
Attachment 2: Draft Resolution
RAB 2004-0015
is document is recorded for the benefit of the
y of Atascadero and is exempt from
,ording fees pursuant to Government Code
ctions 6103 and 27383.
;ORDING REQUESTED BY:
of Atascadero (RAB 2004-0015)
/HEN RECORDED MAIL TO:
�ity of Atascadero
�ommunity Development Director
907 EI Camino Real
,tascadero, CA 93422
Space above reserved for use of County
Recorder
DRAFT RESOLUTION A
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
SUMMARYILY VACATING THE UNIMPROVED ALLEY
LOCATED NORTH OF PRINCIPAL AVENUE, EAST OF EL CAMINO REAL
AND SOUTH OF GUSTA ROAD
PURSUANT TO PART 3, CHAPTER 4, ARTICLE 2,
SECTION 8335 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE
(ROAD ABANDONMENT #2004-0015)
WHEREAS, Westpac Investments, Inc., 805 Aerovista Place, Suite 302, San Luis
Obispo (Owner / Applicant), applied for a Road Abandonment to abandon a 0.24 acre alley
portion of an alley way, created by A.D.S. Addition No. 1, City of Atascadero, County of San
Luis Obispo, State of California and filed for record on April 15, 1929 in Book 5 at Page 1 of
Maps; and
WHEREAS, the proposed project area has a General Plan Designation of Medium
Density Residential and the project is in conformance with the Circulation Element of the
General Plan and all other applicable General Plan policies; and
WHEREAS, the alley, as shown on the attached Exhibit A, has been never been
improved and has been impassable for vehicular travel for a period of five consecutive years and
no public money has been expended for maintenance on the street during such period; and,
WHEREAS, the Planning Commission held a duly noticed public hearing to consider the
proposed Road Abandonment on December 6, 2005 at 7:00 p.m. and considered testimony,
reports from staff, the applicants, and the public; and
138
WHEREAS, the Planning Commission on a 4:0 vote, recommends the City Council
summarily vacate the alley as depicted in Exhibit A below.
NOW, THEREFORE, the City Council takes the following actions:
SECTION 1. Environmental Review. The City Council finds that the proposed project
is consistent with Mitigated Negative Declaration 2004-0024, adopted by the City Council on
October 12, 2004 for the Principal Avenue Mixed Use Project.
SECTION 2. Findings of Approval. The City Council finds as follows:
1. The proposed project is consistent with the General Plan.
2. The alley is summarily vacated pursuant to Part 3, Chapter 4, Article 2, Section 8335
of the California Streets and Highways Code.
3. The alley summarily vacated is as shown on Exhibit A, attached hereto and
incorporated herein.
4. The alley has been impassable for vehicular travel for a period of five consecutive
years and no public money has been expended for maintenance on the street during
such period.
5. Recordation of this Resolution of Vacation releases the City of Atascadero's interests
in the Alley as shown on Exhibit A, attached hereto and incorporated herein.
BE IT FURTHER RESOLVED, that the City Council approves Road Abandonment
2004-0015 as shown on Exhibit A and subject to Conditions of Approval contained in Exhibit B.
139
n
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:
Attest:
Marcia McClure Torgerson, C.M.C.,
City Clerk
APPROVED AS TO FORM:
Patrick L. Enright, City Attorney
L r
LIZ
CITY OF ATASCADERO
Tom O'Malley, Mayor
140
Exhibit A: Alley Abandonment Map
RAB 2004-0015
141
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Exhibit B: Conditions of Approval
RAB 2004-0015
ENGINEERING CONDITIONS:
1. Prior to City Council approval of the road abandonment, the applicant shall have the
application reviewed by all applicable public and private utility companies (cable,
telephone, gas, electric, and Atascadero Mutual Water Company). The applicant shall
obtain a letter from each utility company which indicates their review of the application.
The letter shall identify any new easements which may be required by the utility
company. A copy of the letter shall be submitted to the City. New easements shall be
recorded prior to or concurrently with the road abandonment.
142
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•
ITEM NUMBER: B - 3
DATE: 01/24/06
Atascadero City Council
Staff Report - Community Development Department
Community Facilities District 2005-1
Annexation #1
RECOMMENDATIONS:
Council:
1. Adopt Resolution A, authorizing Annexation #1 to Community Facilities
District No. 2005-1 (Public Services); and,
2. Adopt Resolution B, calling a special election and submitting to the voters
of the City of Atascadero Community Facilities District No. 2005-1 (Public
Services) Annexation #1 propositions regarding the annual levy of special
taxes within the Community Facilities District to finance police services,
fire protection and suppression services, and park services therein, and
the establishment of an appropriations limit; and,
3. Adopt Resolution C, declaring the results of the special elections for the
City of Atascadero Community Facilities District No. 2005-1 (Public
Services) Annexation #1 County of San Luis Obispo, State of California,
on the propositions with respect to (i) the annual levy of special taxes, and
(ii) the establishment of an appropriations limit, and authorizing the
recordation of the notice of special tax lien.
REPORT -IN -BRIEF:
On December 13, 2005 the Council adopted resolutions declaring its intention and
initiating proceedings to establish Annexation #1 for Community Facilities District 2005-
1. In order to form the district, Council must hold a public hearing, adopt Draft
Resolutions A & B, call for an election, have the clerk report the results of the election,
and, if the ballot measures pass, adopt Draft Resolution C.
143
ITEM NUMBER: B-3
DATE: 01/24/06
History:
In May 2005, the City Council established Community Facilities District No. 2005-1 to
finance a portion of the cost associated with providing new services that are in addition
to those currently provided as a result of new residential development within the City.
The. Government Code of the State of California, commencing with Section 53311,
allows the formation of such districts to provide a financial mechanism to pay for such
new services through the levy of a Special Tax against the properties that will receive
the new services.
The resolutions before Council are the final necessary steps for the establishment of
Annexation #1 for CFD 2005-1 for police, fire, and park services for residential Tract
2577 and Tract 2640. Establishing the District will assess the designated residential
developments an annual charge of $440 per year ($36 per month), which is subject to
an annual escalator, to pay for the service expansion needed to serve these additional
residential units. The money collected can only be used to hire new employees and
their related equipment, and cannot be used to support existing services.
DISCUSSION:
Background:
The City of Atascadero has established a policy as part of the General Plan that
recognizes that determining the best use of land based solely on revenues to the City is
not good public policy. The City developed its General Plan using good public land use
policy and did not base land use policies simply to generate additional sales tax.
Policies of this type promote the development of quality housing projects but they come
at a cost. That cost is that new residential development must pay for new services that
are in addition to those currently provided. Part of the General Plan requires:
"All residential projects of 100 or more dwelling units shall be required to prepare
a fiscal impact report prior to any discretionary approvals. The fiscal impact
report shall analyze all revenues, service costs and facilities costs associated
with a project. The City shall require the establishment of facilities districts
and/or maintenance districts to cover revenueshortfallson a project."
In August 2003, the fiscal impact reports for Dove Creek and Woodridge became
available. At the, same time the City purchased a program (Taussig Study) to determine
the fiscal impact of projects. As the magnitude of the "loss" on each residential unit
became known, Council began to condition other residential development projects as
well. Finally, the Council mandated that all residential development coming before
them (regardless of size) be annexed into the Community Facilities District.
144
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ITEM NUMBER: B-3
DATE: 01/24/06
Analysis:
Tonight before Council are three additional Resolutions. After the close of the Public
Hearing, the City Council may adopt the first Resolution (Draft Resolution A), which
officially establishes the Community Facilities District.
The second Resolution (Draft Resolution B), calls a special election, and submits to the
property owners within the District, propositions regarding the annual levy of special
taxes within the Community Facilities District to finance police services, fire protection
and suppression services, and park services, and establishes an appropriations limit.
The last resolution (Draft Resolution C), declares the results of the special election, and
authorizes the recording of the notice of special tax lien.
After these three resolutions have been adopted, the last step in the process is to
record an amended notice of special tax lien.
Conclusion:
The tracts proposed for annexation into the CFD were all conditioned to be fiscally
neutral through annexation into the CFD. If the establishment of Annexation No. 1 for
CFD 2005-1 is not approved, the projects would not be able to meet their conditions of
approval.
ALTERNATIVES:
Require the developer to meet the fiscal neutrality condition of approval through some
other mechanism.
ATTACHMENTS:
1. Draft Resolution A- to establish Annexation #1 for Community Facilities District
No. 2005-1 (Public Services).
2. Draft Resolution B- Calling a Special Election and Submitting to the Voters of
City Of Atascadero Community Facilities District No. 2005-1 (Public Services)
Annexation #1 Propositions Regarding the Annual Levy of Special Taxes within
the Community Facilities District to Finance Police Services, Fire Protection and
Suppression Services, and Park Services therein, and the Establishment of an
Appropriations Limit.
3. Draft Resolution C- Declaring the Results of the Special Elections for City of
Atascadero Community Facilities District No. 2005-1 (Public Services)
Annexation #1, County of San Luis Obispo, State Of California, on the
Propositions with Respect to (i) the Annual Levy of Special Taxes, and (ii) the
Establishment of an Appropriations Limit and Authorizing the Recordation of the
Notice of Special Tax Lien.
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DRAFT RESOLUTION A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AUTHORIZING THE ANNEXATION OF
TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 AND
AUTHORIZING THE LEVY OF A SPECIAL TAX AND SUBMITTING
THE LEVY OF TAX TO THE QUALIFIED ELECTORS
WHEREAS, this Council, on December 13, 2005, adopted Resolution No. 2005-99 (the
"Resolution of Intention") stating its intention to annex territory to City of Atascadero Community
Facilities District No. 2005-1 (Public Services) ("CFD No. 2005-1"), pursuant to the Mello -Roos
Community Facilities Act of 1982, as amended (the "Act");
WHEREAS, a copy of the Resolution of Intention, which states the authorized services to be
provided and financed by CFD No. 2005-1, and a description and map of the proposed boundaries of
the territory to be annexed to CFD No. 2005-1 ("Annexation No. 1"), is on file with the City Clerk and
the provisions thereof are fully incorporated herein by this reference as if fully set forth herein;
WHEREAS, on the 24th of January, 2006, this Council held a noticed public hearing as required
by the Act and the Resolution of Intention relative to the proposed annexation of territory to CFD No.
2005-1;
WHEREAS, at said hearing all interested persons desiring to be heard on all matters pertaining to
the annexation of territory to CFD No. 2005-1 and the levy of said special taxes within the area
proposed to be annexed were heard and a full and fair hearing was held;
WHEREAS, prior to the time fixed for said hearing, written protests had not been filed against
the proposed annexation of territory to CFD No. 2005-1 by (i) 50% or more of the registered voters, or
six registered voters, whichever is more, residing in CFD No. 2005-1, or (ii) 50% or more of the
registered voters, or six registered, whichever is more, residing in the territory proposed to be annexed
to CFD No. 2005-1, or (iii) owners of one-half or more of the area of land in the territory proposed to
be annexed to CFD No. 2005-1; and
WHEREAS, a boundary map for Annexation No. 1 to CFD No. 2005-1 has been filed with the
County Recorder of the County of San Luis Obispo, which map shows the territory to be annexed in
these proceedings, and a copy thereof is on file with the City Clerk.
NOW, THEREFORE, IT IS HEREBY RESOLVED DETERMINED AND ORDERED BY THE
CITY COUNCIL OF THE CITY OF ATASCADERO:
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SECTION I Recitals. The above recitals are all true and correct.
SECTION 2 Authorization. All prior proceedings taken by this Council with respect to CFD
No. 2005-1 and the proposed annexation of territory thereto have been duly considered and are
hereby determined to be valid and in conformity with the Act.
SECTION 3 Boundaries. The description and map of the boundaries of the territory to be
annexed to CFD No. 2005-1, on file with the City Clerk are hereby finally approved, are
incorporated herein by reference, and shall be included within the boundaries of CFD No.
2005-1, and said territory is hereby annexed to CFD No. 2005-1, subject to voter approval of
the levy of the special taxes therein as hereinafter provided.
SECTION 4 Services. The services which CFD No. 2005-1 is authorized to finance are in
addition to those provided in or required for the territory within CFD No. 2005-1 and the
territory to be annexed to CFD No. 2005-1 and will not be replacing services already available.
A general description of the services to be financed is as follows:
POLICE AND FIRE SERVICES
Police services and fire protection and suppression services (the "Services") of
the City of Atascadero required to sustain the service delivery capability for
emergency and non -emergency services to new growth areas of the City of
Atascadero, including but not limited to, related facilities, equipment, vehicles,
ambulances and paramedics, fire apparatus, services, supplies and personnel;
provided, however, that any increases in special taxes for costs related to
employee wages and benefits shall be limited as provided in the Rate and
Method of Apportionment of the Special Taxes to fund such Services.
PARK SERVICE
Park services of the City of Atascadero required for the operation and maintenance
of public parks.
SECTION 5 Special Taxes. It is the intention of this legislative body that, except where
funds are otherwise available, a special tax sufficient to pay for said services to be provided in
CFD No. 2005-1 and the territory proposed to be annexed as part of Annexation No. 1, secured
by recordation of a continuing lien against all non-exempt real property in Annexation No. 1,
will be levied annually within the boundaries of Annexation No. 1 from and after the
annexation of such property to CFD No. 2005-1. The special taxes shall be those as originally
authorized through the formation of CFD No. 2005-1 and adopted by Ordinance of this
legislative body, and no changes or modifications are proposed in the special taxes from those
as originally set forth and made applicable to CFD No. 2005-1.
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For particulars as to the rate and method of apportionment of the proposed special tax (the
"RMA"), reference is made to the attached and incorporated Exhibit "A," which sets forth in
sufficient detail the method of apportionment to allow each landowner or resident within the
Annexation No. 1 to clearly estimate the maximum annual amount that said person will have to
pay on said special tax.
SECTION 6 Election. The provisions of the Resolution of Intention of the City each as
heretofore adopted by this Council are by this reference incorporated herein, as if fully set forth
herein.
Pursuant to the provisions of the Act, the proposition of the levy of the special tax within
Annexation No. 1 shall be submitted to the voters within Annexation No. 1 at an election
called therefore as hereinafter provided. This Council hereby finds that fewer than 12 persons
have been registered to vote within Annexation No. 1 for each of the 90 days preceding the
close of the hearing heretofore conducted and concluded by this Council for the purposes of
these annexation proceedings. Accordingly, and pursuant to Section 53326 of the Act, this
Council finds that for purposes of these proceedings the qualified electors are the landowners
within Annexation No. 1 and that the vote shall be by said landowners, each having one vote
for each acre or each acre or portion thereof such landowner owns in Annexation No. 1.
Pursuant to Section 53326 of the Act, the election shall be conducted by mail ballot under
section 1340 of the California Elections Code. The Council called a special election to
consider the measures described and incorporated as Exhibit `B," which election was held on
January 24, 2005 ("Election Day"). The City Clerk was the election official to conduct the
election and provided each landowner in the territory to be annexed to CFD No. 2005-1, a
ballot in the form of Exhibit "B", which form is hereby approved. The City Clerk has accepted
the ballots of the qualified electors received prior to 7:00 o'clock p.m. on Election Day,
whether received by mail or by personal delivery.
This Council hereby further finds that the provision of Section 53326 of the Act requiring a
minimum of 90 days to elapse before said election is for the protection of voters, that the voters
have waived such requirement and the date for the election hereinabove specified is established
accordingly.
•
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
Tom O'Malley, Mayor
Attest:
Marcia McClure Torgerson, C.M.C.,
City Clerk
0 APPROVED AS TO FORM:
Patrick L. Enright, City Attorney
149
DRAFT RESOLUTION B
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, CALLING A SPECIAL ELECTION AND
SUBMITTING TO THE VOTERS OF ANNEXATION NO. 1 OF CITY OF
ATASCADERO COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC ERVICES) PROPOSITIONS REGARDING THE ANNUAL LEVY
OF SPECIAL TAXES WITHIN ANNEXATION NO.1 TO FINANCE
POLICE SERVICES, FIRE PROTECTION AND SUPPRESSION SERVICES,
PARK MAINTENANCE, AND THE ESTABLISHMENT OF AN
APPROPRIATIONS LIMIT
WHEREAS, pursuant to Section 53325.1 of the California Government Code the City Council
(the "City Council") of the City of Atascadero (the "City") has adopted the resolution authorizing the
annexation of territory to City of Atascadero Community Facilities District No. 2005-1 (Public
Services), County of San Luis Obispo, State of California ("CFD No. 2005-1"); and
WHEREAS, by that resolution, the City Council called special elections on the propositions to
be submitted to the voters of the territory proposed to be annexed to CFD No. 2005-1 ("Annexation No.
1") with respect to the levy of special taxes therein for the financing of police services, fire protection
and suppression services within CFD No. 2005-1, and park maintenance; and
WHEREAS, pursuant to Section 53326 of the California Government Code, it is necessary that
the City Council submit to the voters of Annexation No. 1 the annual levy of special taxes on taxable
property within Annexation No. l; and
WHEREAS, pursuant to Section 53325.7 of the California Government Code and the provisions
of the Code, the City Council may also submit to the voters of Annexation No. 1 a proposition for the
establishment of an appropriations limit for Annexation No. 1; and
WHEREAS, the City Clerk has advised the City Council that she has received a statement from
the Registrar of Voters of the County of Sacramento that there are less than 12 persons registered to vote
within Annexation No. 1;
NOW, THEREFORE, IT IS HEREBY RESOLVED DETERMINED AND ORDERED BY THE
CITY COUNCIL OF THE CITY OF ATASCADERO:
SECTION 1 Findings. The City Council finds that: (i) the foregoing recitals are true and
correct; (ii) 12 persons have not been registered to vote within the territory to be annexed to CFD
No. 2005-1 for each of the 90 days preceding the close of the public hearing on January 24,
2006; (iii) pursuant to Section 53326 of the California Government Code, as a result of the
findings set forth in clause (ii) above, the vote in the special election called by this resolution
shall be by the landowners of the territory to be annexed to CFD No. 2005-1, whose property
would be subject to the special taxes if they were levied at the time of the election, and each
landowner shall have one vote for each acre, or portion thereof, which he or she owns within
Annexation No. 1 which would be subject to the proposed special taxes if they were levied at the
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time of the election; (iv) the owners of all of the land in Annexation No. 1 by written consent (a)
waived the time limits set forth in Section 53326 of the California Government Code for holding
the election called by this resolution and the election on the propositions (b) consented to the
holding of the election on January 24, 2006, (c) waived notice and mailed notice of the time and
date of the election, (d) waived an impartial analysis by the City Attorney of the ballot
propositions pursuant to Section 9280 of the California Elections Code and arguments and
rebuttals pursuant to Sections 9281 to 9287, inclusive, and 9295 of that Code, and mailing of a
statement pursuant to Section 9401 of that Code, and (e) waived a synopsis of the measures to be
included in the official ballot for said elections pursuant to Section 12111 of that Code; and (v)
the City Clerk (the "City Clerk") has consented to the holding of the election on January 24,
2006.
SECTION 2 Call of Election. The City Council hereby calls and schedules a election for
January 24, 2006, on the proposition of the annual levy of special taxes on taxable property
within Annexation No. 1 to CFD No. 2005-1 to finance police services, fire protection and
suppression services within the CFD No. 2005-1, park maintenance, and on the proposition of
the establishment of an appropriations limit for Annexation No. 1 to CFD No. 2005-1.
SECTION 3 Propositions.
(a) The propositions to be submitted to the voters of Annexation No. 1 at such
special election shall be as follows:
Proposition A: Shall special taxes be levied annually on taxable property within certain territory
to be annexed to City of Atascadero Community Facilities District No. 2005-1 (Public Services), County
of San Luis Obispo, State of California ("Annexation No. 1"); and to levy and collect such special taxes
so long as the special taxes are needed to pay for police services, fire protection and suppression
services, and park services at the special tax rates and pursuant to the method of apportioning the special
taxes set forth in Exhibit "B" to the Resolution of Intention adopted by the City Council of the City of
Atascadero on April 12, 2005?
Proposition B: Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article
XIIIB of the California Constitution, be established for Annexation No. 1 to City of Atascadero
Community Facilities District No. 2005-1 (Public Services), County of San Luis Obispo, State of
California, in the amount of $4,000,000?
SECTION 4 Conduct of Election. Except as otherwise provided in Section 6 hereof, the
consolidated special elections shall be conducted by the City Clerk in accordance with the
provisions of the California Elections Code governing mail ballot elections of cities, and in
particular the provisions of Division 4 (commencing with Section 4000), of that Code, insofar as
they may be applicable.
SECTION 5 Election Procedures. The procedures to be followed in conducting the consolidated
special elections on (i) the proposition with respect to the levy of special taxes on taxable
property within Annexation No. 1 to CFD No. 2005-1 to pay for police services, fire protection
and suppression services, and park services, and (ii) the proposition with respect to the
establishment of an appropriations limit for Annexation No. 1 to CFD No. 2005-1 in the amount
of $4,000,000 shall be as follows:
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(a) Pursuant to Section 53326 of the California Government Code, ballots for
the Special Elections shall be distributed to the qualified electors by the City
Clerk by mail or by personal service.
(b) Pursuant to applicable sections of the California Elections Code governing
the conduct of mail ballot elections of cities, and in particular Division 4
(commencing with Section 4000) of that Code with respect to election conducted
by mail, the City Clerk, or designated official shall mail or deliver to each
qualified elector an official ballot in the appropriate form attached hereto as
Exhibit "A," and shall also mail or deliver to all such qualified electors a ballot
pamphlet and instructions to voter, a return identification envelope addressed to
the City Clerk for the return of voted official ballots.
(c) The official ballot to be mailed or delivered by the City Clerk to each
landowner -voter shall have printed or typed thereon the name of the landowner -
voter and the number of votes to be voted by the landowner -voter and shall have
appended to it a certification to be signed by the person voting the official ballot
which shall certify that the person signing the certification is the person who
voted the official ballot, and if the landowner -voter is other than a natural person,
that he or she is an officer of or other person affiliated with the landowner -voter
entitled to vote such official ballot, that he or she has been authorized to vote
such official ballot on behalf of the landowner -voter, that in voting such official
ballot it was his or her intent, as well as the intent of the landowner -voter, to vote
all votes to which the landowner -voter is entitled based on its land ownership on
the propositions set forth in the official ballot as marked thereon in the voting
square opposite each such proposition, and further certifying as to the acreage of
the landowner -voter's land ownership within Annexation NO. 1 to CFD No. 200-
1.
(d) The return identification envelope mailed or delivered by the City Clerk to
each landowner -voter shall have printed or typed thereon the following: (i) the
name of the landowner, (ii) the address of the landowner, (iii) a declaration under
penalty of perjury stating that the voter is the landowner or the authorized
representative of the landowner entitled to vote the enclosed ballot and is the
person whose name appears on the identification envelope, (iv) the printed name
and signature of the voter, (v) the address of the voter, (vi) the date of signing
and place of execution of the declaration, and (vii) a notice that the envelope
contains an official ballot and is to be opened only by the City Clerk.
(e) The information to voter form to be delivered by the City Clerk to the
landowner -voters shall inform them that the official ballots shall be returned to
the City Clerk properly voted as provided thereon and with the certification
appended thereto properly completed and signed in the sealed return
identification envelope with the certification thereon completed and signed and
all other information to be inserted thereon properly inserted by 7:00 p.m. on the
24th day of January 2006; provided that if all qualified electors have voted, the
elections shall be closed with the concurrence of the City Clerk.
152
(f) Upon receipt of the return identification envelopes, which are returned
prior to the voting deadline on the date of the elections, the City Clerk shall
canvass the votes cast in the election, and shall file a statement with the City
Council as to the results of such canvass and the election on each proposition set
forth in the official ballot.
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:
Patrick L. Enright, City Attorney
153
EXHIBIT A
OFFICIAL BALLOT
SPECIAL ELECTION
Annexation No. 1 to City of Atascadero
Community Facilities District No. 2005-1
(Public Services)
This ballot is for a special landowner election. You must return this ballot in the enclosed postage paid
envelope to the office of the City Clerk of the City of Atascadero no later than 5:00 p.m. on January 24, 2006, by mail
or in person; or in person to the location of the public hearing no later than 7:00 pm on January 24, 2006. The City
Clerk's office is located at 6905 El Camino Real, Atascadero, California, 93422. The public hearing will be held in the
City council Chambers, 6907 El Camino Real, Atascadero, California, 93422.
To vote, mark a cross (X) in the voting square after the word "YES" or after the word "NO". All marks
otherwise made are forbidden and make the ballot void.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Atascadero to obtain
a replacement ballot.
PROPOSITION A: Shall special taxes be levied annually on taxable property Yes ❑
within certain territory to be annexed to City of Atascadero Community Facilities
District No. 2005-1 (Public Services), County of San Luis Obispo, State of j
California ("Annexation No. 1"); and to levy and collect such special taxes so
long as the special taxes are needed to pay for police services, fire protection and No
suppression services, and park services at the special tax rates and pursuant to the
method of apportioning the special taxes set forth in Exhibit `B" to the
Resolution of Intention adopted by the City Council of the City of Atascadero on
April 12, 2005?
--- -----------------------------------------------------------------------------------------;-------------------
PROPOSITION B: Shall an appropriations limit, as defined by subdivision (h)
of Section 8 of Article XIIIB of the California Constitution, be established for ; Yes ❑
Annexation No. 1 to City of Atascadero Community Facilities District No. 2005-
1 (Public Services), County of San Luis Obispo, State of California, in the amount
of $4,000,000? No
Number of votes:
Property Owner:
154
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DRAFT RESOLUTION C
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, MAKING CERTAIN
FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION
AND ADDING PROPERTY TO COMMUNITY FACILITIES
DISTRICT NO. 2005-1 (PUBLIC SERVICES), ANNEXATION
NO. 1
WHEREAS, the City Council of the City of Atascadero (the "City
Council"), has previously formed a Community Facilities District pursuant to the
provisions of the "Mello -Roos Community Facilities Act of 1982", being Chapter 2.5,
Part 1, Division 2, Title 5 of the Government Code of the State of California, said
Article 3.5 thereof. The existing Community Facilities District being designated as
COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES) ("CFD
No. 2005-1"); and,
WHEREAS, the City Council initiated proceedings to annex certain
territory to COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC
SERVICES), ("Annexation No. 1"); and
WHEREAS, at this time the unanimous consent to the annexation of
Annexation No. 1 has been received from the property owner or owners of such
territory; and
WHEREAS, less than twelve (12) registered voters have resided within
the territory of Annexed Area for each of the ninety (90) days preceding January 24,
2006, therefore, pursuant to the Act the qualified electors of Annexation No. 1 shall be
the "landowners" of Annexation No. las such term is defined in Government Code
Section 53317(f) and each such landowner who is the owner of record, or the authorized
representative thereof, shall have one vote for each acre or portion of an acre of land that
she or he owns within Annexation No. 1; and
WHEREAS, the time limit specified by the Act for conducting an
election to submit the levy of the special taxes on the property within Annexation No. 1
to the qualified electors of Annexation No. land the requirements for impartial analysis
and ballot arguments have been waived with the unanimous consent of the qualified
electors of Annexation No. 1; and
WHEREAS, the City Clerk of the City of Atascadero has caused ballots
to be distributed to the qualified electors of Annexation No. 1, has received and
canvassed such ballots and made a report to the City Council regarding the results of
such canvas, a copy of which is attached as Exhibit A hereto and incorporated herein by
this reference; and
155
WHEREAS, at this time the measure voted upon and such measure did
receive the favorable 2/3's vote of the qualified electors, and the City Council desires to
declare the results of the election; and
WHEREAS, a map showing the territory to be annexed and designated
as Annexation No. l (the "Annexation Map"), a copy of which is attached as Exhibit B
hereto and incorporated herein by this reference, and a list of Assessor Parcel Numbers
and landowners, a copy of which is attached as Exhibit C hereto and incorporated herein
by this reference, has been submitted to the City Council.
NOW, THEREFORE, IT IS HEREBY RESOLVED DETERMINED AND ORDERED BY
THE CITY COUNCIL OF THE CITY OF ATASCADERO:
Section 1 Recitals. The above recitals are all true and correct.
Section 2 Findings. This City Council does hereby determine as follows:
A. The unanimous consent to the annexation of Annexation No. 1 to
CFD No. 2005-1 has been given by all of the owners within Annexation No. 1 and such
consent shall be kept on file in the Office of the City Clerk.
B. Less than twelve (12) registered voters have resided within the
territory of Annexation No. 1 for each of the ninety (90) days preceding January 24,
2006, therefore, pursuant to the Act the qualified electors of Annexation No. 1 shall be
the "landowners" of such Annexation No. 1 as such term is defined in Government Code
Section 53317(f).
C. The qualified electors of Annexation No. 1 have unanimously
voted in favor of the levy of special taxes within Annexation No. 1 upon its annexation to
CFD No. 2005-1.
Section 3 Annexed Area. The boundaries and parcels of territory within Annexation No. 1
and on which special taxes will be levied in order to pay for the costs and expenses of authorized
public services are shown on the Annexation Map as submitted to and hereby approved by this
City Council.
Section 4 Declaration Of Annexation. The City Council does hereby determine and declare
that Annexation No. 1 is now added to and becomes a part of CFD No. 2005-1. The City
Council, acting as the legislative body of CFD No. 2005-1, is hereby empowered to levy the
authorized special tax within Annexation No. 1.
Section 5 Notice. Immediately upon adoption of this Resolution, notice shall be given as
follows:
D. An Amendment to the Notice of Special Tax Lien (Notice of
Annexation) shall be recorded in the Office of the County Recorder no later than fifteen
(15) days after the date of adoption of this Resolution. 0
156
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:
Patrick L. Enright, City Attorney
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157
Exhibit A
Certificate of Election Official and Statement of Votes Cast
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO ) ss
CITY OF ATASCADERO )
The undersigned, ELECTION OFFICIAL OF THE CITY OF ATASCADERO, COUNTY OF
SAN LUIS OBISPO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to
the provisions of Section 53326 of the Government Code and Division 12, commencing with
Section 17000 of the Elections Code of the State of California, I did canvass the returns of the
votes cast at the
CITY OF ATASCADERO
COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES)
SPECIAL ELECTION
ANNEXATION NO. 1
in the City, held on January 24, 2006.
I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast
in the area proposed to be annexed, Annexation No. 1, to Community Facilities District No.
2005-1 (Public Services) of the City of Atascadero for or against the Measure are full, true and
correct.
VOTES CAST ON PROPOSITION 1:
VOTES CAST ON PROPOSITION 2:
WITNESS my hand this day of , 2006
YES
NO
YES
NO
City Clerk, Marcia McClure Torgerson
City of Atascadero
Page A-1
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BOUNDARY MAP OF ANNEXATION NO. 1 TO
CIN OF ATASCADERO COMMUNITY FACILITIES DISTRICT 2005-1
(PUBLIC SERVICES)
LEGEND:
BOUNDARY
ASSESSMENT NUMBER
ASMT ASSESSOR'S
NO. PARCEL NO.
1
049-042-015
2
04 9 -1 01 -009
3
049-101-010
ED IN THE OFFICEOF THE CITY CLERK THIS ` DAY OF
-2005.
:REBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED
UNDARIES OF ANNEXATION NO.1 TO THE CIT/ OF ATASCADERO
MMUNITY FACILITIES DISTRICT NO. 2D05-1 (PUBLIC SERVICES),
UNTY OF SAN LOUIS OBISPO. STATE OF CALIFORNIA, WAS
'ROVED BY THE CITY COUNCIL OF THE CITY OF ATASCADERO
A REGULAR MEETING THEREOF, HELD ON THE _ DAY OF
.2005, BY ITS RESOLUTION NO.
Y CLERK
Y OF ATASCADERO
ED THIS DAY OF 2005, AT THE HOUR OF
_O'CLOCK -M. IN BOOK_ PAGE_ OF MAPS OF
SESSMENTS AND COMMUNITY FACILITIES DISTRICTS AND AS
ITRUMENT NO. IN THE OFFICE OF THE
UNTY RECORDER IN THE COUNTY OF SAN LOUIS OBISPO, STATE.
CALIFORNIA.
UNTY RECORDER
LINTY OF SAN LOUIS OBISPO
ATE OF CALIFORNIA
FERENCE IS MADE TO THAT BOUNDARY MAP OF CITY OF ATASCADERO
IMMUNITY FACILITIES DISTRICT NO.20D5-1 (PUBLIC SERVICES)
:CORDED WITH THE SAN LOUIS OBISPO COUNTY RECORDERS
!FICE ON MAY 9, 2OD5, DOCUMENT NO.2005-037535, IN BOOK 5
,GES 11.13 OF MAPS OF ASSESSMENT AND COMMUNITY
CILITIES DISTRICTS.
E LINES AND DIMENSIONS OF EACH LOT OR PARCEL SHOWN ON THIS
4GRAM SHALL BE THOSE LINES AND DIMENSIONS ASSHOWN ON
IE SAN LOUIS OBISPO COUNTY ASSESSORS MAPS FOR THOSE
IE SAN LOUIS OBISPO COUNTY ASSESSORS MAPS SHALL GOVERN
HR ALL DETAILS CONCERNING THE LINES AND DIMENSIONS OF
CH LOTS OR PARCELS.
MuniFinancial
rmm � ....1.,.
159
Exhibit C
List of Properties to be Annexed
APN S Landowners
049-101-009 DA Fetyko
049-101-010 DA Fetyko
049-042-015 DA Fetyko
Page C-1
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Atascadero City Council
Staff Report - City Manager's Office
ITEM NUMBER: C-1
DATE: 01/24/06
Solid Waste Collection Services:
Response to Council Questions
RECOMMENDATION:
Council direct staff on how to proceed regarding the City's contract with Atascadero
Waste Alternatives.
DISCUSSION:
The City Council received a report from staff at their meeting on January 10, 2006
regarding the existing solid waste collection services agreement provided by
Atascadero Waste Alternatives. At the meeting, the Council asked staff to clarify if there
were any other contract amendments or provisions in effect and they asked the City
Attorney for further clarification on the term of the existing agreement.
The City Clerk has performed a search of the City's records and determined that the
agreement presented to the Council at the last meeting is indeed the current agreement
in effect. There are two amendments to the current agreement. Amendment number
one was approved in 1998 and addressed methods of disposal. Amendment number
two was approved in 2004 and addresses the collection of green waste. The original
agreement and both amendments are attached to this report for your review
(Attachment A). The provisions governing the term of the agreement and the
calculation of rates have not been changed since the original agreement was approved.
The following chart provides a history of the City's solid waste service agreements:
1975
'
SLO County entered into contract with Wil -Mar Disposal
1982-1985
Atascadero entered into contract with Wil -Mar Disposal
1985-1990
Wil -Mar contract is extended
1988
The Wil -Mar agreement is amended and extended to December 1992
1991
A new agreement is signed with Wil -Mar
1991
The Integrated Waste Management Program is implemented
1995
The agreement with Wil -Mar is extended
1996
Atascadero Waste Alternatives takes over for Wil Mar; new agreement
161
ITEM NUMBER: C-1
DATE: 01/24/06
1998 Amendment #1 to the current agreement is approved
2004 Amendment #2 to the current agreement is approved i
There has been some question as to the term of the agreement. The City Attorney has
reviewed the agreement and determined that the term of the agreement may be
"reexamined" by the City at any time. The City Attorney's written opinion is attached to
this report (Attachment B).
ATTACHMENTS:
A Solid Waste Collection Franchise Agreement and Amendments
B Written Opinion of the City Attorney
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162
AMENDMENT NUMBER TWO TO THE
SOLID WASTE COLLECTION FRANCHISE
AGREEMENT
This Amendment Number Two to the Solid Waste Collection Franchise AgreemeiA
(this "Amendment") is made and entered into this 8th day of October, 2002, by and between the
City of Atascadero, a political subdivision of the State of California, hereinafter called "City,"
and USA Waste of California, Inc., a Delaware Corporation whose ultimate parent company is
Waste Management, Inc., hereinafter called "Franchisee."
WHEREAS a Solid Waste Franchise Agreement (the Agreement) was made an entered
into on the 1St day of May, 1996, by and between the City and Atascadero Waste Alternatives,
Inc., and approved by a Resolution of the City Council; and
WHEREAS Amendment Number One to the Solid waste Collection Franchise
Agreement was made and entered into on the 141h day of October, 1998, transferring the
franchise from Atascadero Waste Alternatives, Inc. to USA waste of California, Inc., and
amending Section 13 of the Agreement to add certain disposal and processing requirements; and
WHEREAS the parties desire to further amend the Agreement by adding certain
recycling and yard waste collection services to the scope of the franchise.
NOW, THEREFORE, for and in consideration of the mutual obligations set forth herein,
the adequacy of which is hereby acknowledge, the parties hereby agree to amend the Agreement
as follows:
A new Section 41 shall be added to the Agreement to read as follows:
41. Green Waste and Recyclables Collection.
A. Franchisee shall collect green waste on a weekly basis from residential and
commercial accounts in the City who properly set out green waste for collection.
Franchisee shall use automated collection methods to collect green waste.
B. The Franchisee shall collect the following material as green waste: plant material
(leaves, grass clippings, branches, brush, flowers, roots, wood waste, etc.); debris
commonly thrown away in the course of maintaining yards and gardens; and
biodegradable waste as approved by the parties. Christmas trees can be included in the
container as long as it is free of ornaments and any metal stands. Flocking material is
acceptable. The Franchisee shall not collect as green waste loose soils, garbage, food
waste; plastics or synthetic fibers; lumber; any wood or tree limbs over four (4) inches in
diameter or four (4) feet in length; human or animal excrement; or soil contaminated with
hazardous substances. The Franchisee and the City may by mutual agreement establish
other reasonable specifications regulating the size, quality, configuration and placement
of green waste eligible for collection.
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City of Atascadero
Amendment #2
Solid Waste Collection Franchise Agreement
Page 2
C. The Franchisee shall collect from subscribers green waste that has been placed in Am
a can not exceeding 96 gallons in capacity. All green waste must fit within the can to be
collected. Franchisee may charge an additional fee for green waste collected in excess of
the 96 -gallon can. The Franchisee shall not collect green waste that has been placed in
plastic or paper bags. The Franchisee shall not collect as green waste un -segregated
garbage, or green waste that is contaminated by fecal matter, hazardous substances or
other ineligible material.
D. Franchisee shall collect recyclables on a weekly basis from residential and
commercial accounts in the City who properly set out recyclables for collection.
Franchisee shall provide residents with automated, 96 -gallon carts for recyclables and
shall use automated collection methods to collect recyclables. Franchisee shall only
collect recyclables placed within the 96 -gallon cart, plus bundles of oversized cardboard
placed adjacent to the cart that do not exceed four feet by two feet by two feet in size.
E. The Franchisee shall collect the following materials as recyclables: mixed waste
paper (junk mail), corrugated cardboard, newspaper, tin and aluminum cans, glass bottles
and jars, plastic bottles, jars and tubs. Shredded or small paper should be bagged.
Recyclables may be commingled within the 96 -gallon cart.
F. To compensate Franchisee for performing the Residential services set forth in this
Section 41, Franchisee shall be permitted to charge an additional $2.84 per month.
Additional containers are available for rent at $5.00/month. This rate shall be subject to
all fee adjustment mechanisms set forth in the Agreement, including but not limited to
CPI adjustments.
G. The Franchisee shall allow customers to opt out of the new service and the
container fee of $1.63 for the new service by submitting a written request to Franchisee.
H. To compensate Franchisee for performing the Commercial services set forth in
this Section 41, Franchisee shall be permitted to charge an additional $4.46 plus
$3.33/yard per month. Recycle dumpsters available for $32.78/CY per month for weekly
pick up. This rate shall be subject to all fee adjustment mechanisms set forth in the
Agreement, including but not limited to CPI adjustments.
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City of Atascadero
Amendment #2
Solid Waste Collection Franchise Agreement
Page 3
All other provisions of the Agreement shall remain in full force and effect.
The parties hereto have caused this Amendment Number Two to the Solid Waste
Collection Franchise Agreement to be executed by their respective authorized representatives, as
of the date set forth above.
CITY OF ATASCADERO
J. Michael Arrambide, Mayor
USA WASTE OF CALIFORNIA, INC.
By
Marls Arsenault, Vice President
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AMENDMENT NUMBER ONE TO THE
SOLID WASTE COLLECTION FRANCHISE
AGREEMENT
Whereas a Solid Waste Franchise Agreement was made and entered into on the lst day of
May, 1996, by and between the City of Atascadero, a political subdivision of the State of
California, hereinafter called "City", and Atascadero Waste Alternatives, Inc., a California
Corporation, hereinafter called "Franchisee", and approved by a Resolution of the City Council;
and
Whereas Franchisee made an application to the City Council for consent to a change in
ownership to USA Waste of California, a Delaware Corporation whose Parent Company is
Waste Management Inc., hereinafter called "USA/WMI", pursuant to the Assignment provision,
section 12, of the Agreement, which application was heard and considered after due notice on
September 22, 1998 by the City Council Members; and
Whereas the Council directed staff to prepare an amendment to the Franchise Agreement
in consideration of approval of the requested change in ownership to USA/WMI;
Upon the effective date of the Council's approval of the Assignment request of
Franchisee, it is mutually agreed that section 13 entitled "Direction to Landfill" is modified as
follows:
" 13. Disposal and Processing Requirements.
A) Franchisee shall dispose of all solid waste and recyclables collected under
this Agreement at Franchisee's own expense and in accordance with all Federal, State and local
laws, rules, and regulations. Franchise shall be solely responsible for securing an appropriate
location for disposal of all solid waste and processing of all recyclables collected by Franchisee
pursuant to this Agreement.
B) Franchisee shall secure within 90 days of the effective date of this
Agreement, sufficient disposal site capacity commitment including landfill disposal site capacity
to adequately serve the reasonably anticipated solid waste disposal needs of Franchisee's
customers. City reserves the right to review said disposal capacity commitments.
C) If Franchisee receives notice from the landfill operator or recyclables
processor or otherwise finds, during the term of the Agreement, to be prevented from delivering
solid waste or recyclables to the designated site, Franchisee shall immediately notify, in writing,
the City Manager, stating the reason(s) Franchisee is prevented, or expects to be prevented, from
delivering solid waste or recyclables at the designated facility. Franchisee shall expeditiously
identify and evaluate alternative sites. An alternative designated site or sites shall be arranged for
and secured by Franchisee.
D) The parties understand and agree that City intends to commence and
participate in waste diversion.and resource recovery programs pursuant to regional and/or local
implementation of the California Integrated Waste Management Act of 1989, or such other
programs as may be established by County. 0
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E) Franchisee shall deliver all solid waste to any landfill which collects the
San Luis Obispo County AB 939 Tipping Fee Surcharge and Waste Management Program Fund
Fee, pursuant to Board of Supervisors Resolution No. 90-383. If the Franchisee delivers solid
waste to a landfill which does not collect the County Fee Surcharge and Wast Management
Program Fund Fee, the Franchisee will make, on a monthly basis, the equivalent payment directly
to the City's then designated Waste Management Tipping Feer AB 939 Trust Fund and Waste
Management Tipping Fee Trust - Site Fund.
F) Payment of the equivalent fees shall be made to City within thirty (30)
days after the end of each calendar month, or prorated portion thereof, in which the Franchisee
delivers waste to an alternate facility. In the event that Payment is not received by City within
thirty (3 0) days after the date specified, then Franchisee shall pay a penalty of ten (10) percent on
the outstanding balance, and Franchisee shall also pay to City interest on the outstanding balance
at a rate of ten percent (10%) per annum, or the maximum legal rate of interest, whichever is
greater, from the date of Franchisee's failure to pay.
G) As of September 1, 1998, the Tipping Fee Surcharge for the County Fund
# 0159 is $3.00 per ton and the Waste Management Program Fund Fee for County Fund # 0160
is $0.40 per ton. Payments made by the Franchisee shall be sent to the City Manager along with
an itemized statement regarding how the payment was calculated. Payments shall be adjusted to
reflect any future changes in the amount of these fees.
H) Franchisee hereby agrees to dispose of all or a portion of the solid waste or
recyclables collected pursuant to this Agreement in such manner as may be reasonably designated
by City.
I) In the event the Franchisee's costs decrease or increase as a result of City
designating a different manner of, or location for, processing or disposal of solid waste or
recyclables than anticipated in this Agreement, either Franchisee or City may request an
adjustment in collection rates which adjustment shall be effective at the time the designated
manner of disposal begins. City will not unreasonably deny any such adjustment. In the event
Franchisee receives any additional compensation for the value, if any, of the solid waste or
recyclables disposed of in such a manner, such compensation shall be considered in connection
with future rate adjustments.
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The effective date of this agreement shall be October 14 , 1998. The parties hereto have
caused this Amendment Agreement to be executed by their respective authorized representatives.
CITY OF ATASCADERO
b
Ilarold L.Carden III, Mayor
ATASCADERO WASTE ALTERNATIVES, INC
by/GG
Thomas R. Walters, President
USA WASTE OF CALIFORNIA, INC
by. �-�-
Jeff 16ne , Nlanag, r, usiness Development
Page - 3
Wilmar: Agreement-Draft.2
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CONTRACT U— 96011
0 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, a political
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.
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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.
5. Franchise Fee. During the term of this Agreement,
Franchisee shall pay to the City a sum equal to five percent (50)
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 Igiven 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: 0
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:
f
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 1(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
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lawful orders, directions, and instructions issued by the City
Manager with reference to the provisions of this Agreement.
(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 (250) 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 a 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
16. The parties agree and acknowledge that in the event of such
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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 (30) 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.
(a) Franchisee shall require all employees to wear
clean, neat, presentable uniforms. 0
(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 0
(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 shallmaintaina complaint
log, in a form approved by the City Manager. Where a particular
complaint cannot be amicably resolved, the matter may 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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176
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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
is 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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177
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 favor 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, but. not 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 0
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178
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 f rom
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.
179
35. Binding Effect on Acgreement. This Agreement shall be
binding upon the parties hereto and upon all of their lawful
successors in interest.
36. Location of New Facility. Franchisee shall seek advice
and consent of the City Manager prior to consummation of a purchase
or lease of real 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
f GEORGE HIGHL , Mayor
12
ATASCADERO WASTE ALTERNATIVES,
INC.
THOMAS R. WALTERS, President
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APPROVED AS TO CONTENT:
ATTEST:'
ANDREW J-,dUATA City Manager
LEE "P ICE city Cler
APPROVED AS TO FORM:
AR fkR. -M(dWTAN E%N, City Attorney
".0
ITEM NUMBER: C - 1
DATE: 01/24/06
Attachment B
Atascadero City Council
Opinion City Attorney's Office
REVIEW OF SOLID WASTE COLLECTION SERVICES
RECOMMENDATION:
Council notify Atascadero Waste Alternatives, Inc., that the City Council will reexamine the
term of the Agreement pursuant to Section 3.a. of the Solid Waste Collection Franchise
Agreement.
If AWA is unwilling to negotiate in good faith with the City to reduce the term, then the City
may reexamine the term and reduce the term. Prior to unilaterally reducing the term, this office
recommends that the City make every reasonable effort to negotiate a reduction with AWA.
DISCUSSION:
In 1991, the City entered into a Solid Waste Collection Franchise Agreement with Wil -Mar
Disposal Company, Inc., for an original period of seven (7) years. Sometime prior to 1996, the
term of the Agreement was extended an additional three (3) years. In 1996, Atascadero Waste
Alternatives acquired Wil -Mar Disposal Company, and became successors in interest to Wil -Mar
Disposal Company. In 1996, the City Council entered into a new contract with Atascadero
Waste Alternatives (AWA), and extended the term for an additional seven (7) years beginning
May 1, 1996, and ending April 30, 2003. This is the language of Section 2 of the Agreement,
and there is no ambiguity regarding this language.
The ambiguity is with Section 3 of the Agreement, which provides as follows:
"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."
AWA interprets the language of Section 3 as an "evergreen clause" which automatically extends
the seven-year term by one year, unless the City notifies AWA of its intent to reexamine the term
of the Agreement. According to AWA, since the City never exercised this option, the term of the
Agreement now is until 2012, and if the City did notify AWA under section 3.a., the Agreement
would still be in place. Essentially, the City would give AWA a six-year notice of intent to
terminate the Agreement.
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ITEM NUMBER: C-1
DATE: 01/24/06
ANALYSIS
Public Resources Code section 49300 authorizes the legislative body of a city to contract for the
collection or disposal, or both of garbage waste, refuse, rubbish, offal, trimmings, or other refuse
matter under the terms and conditions that are prescribed by the legislative body of the city by
resolution or ordinance. Chapter 4 of Title 4 of the Atascadero Municipal Code regulates the
collection of solid waste, and requires a contract with the City for the collection and transport of
solid waste. (Section 6-4-13). Section 6-4-13 lists several required terms of the contract, but
does not list a maximum or minimum period for the length of the contract.
The general rules applicable to construction of private contracts are applicable to municipal
contracts made in the exercise of governmental powers. (Civil Code section 1635) For instance,
the rule that a contract may not be interpreted in a manner that would render one of its terms
meaningless would apply to the interpretation of a municipal contract. (Kavruck v. Blue Cross
of California (2003) 108 Ca1.App.4`h 773) The general rule is that the contract, as well as the
law, must be construed. A plain and unambiguous contract does not call for judicial
interpretation.
Where the language of a contract is ambiguous, it must not be given an interpretation that would
involve an absurdity. It is presumed that the parties intended the contract to be reasonably
construed and its interpretation must be such that it will be reasonable and operative. Courts
must avoid interpretations that will make a contract extraordinary, harsh, unjust or inequitable.
Hence, a construction that would make an agreement reasonable, fair, and just is preferred to one
that, though equally consistent with the language, would make the contract unreasonable and
unfair, and an interpretation that would make an agreement inoperative or involve an absurdity is
to be avoided.
The language under Section 3 is at best ambiguous. In particular, the language used is
confusing, in that it states that the City shall notify AWA of its "intent to reexamine the term."
Nowhere does the contract define "reexamine," and with the interpretation of AWA, there is
little need to "reexamine" the term as there are six years left on the contract. Common everyday
usage of "examine" is to "inspect closely" or to "inquire into carefully." What would be point of
"reexamining" the term, if the City had no power to affect the term?
Section 3.b. uses different language. AWA may notify the City at least three months prior to
May 1 of its intent to "request reexamination" of the term of the Agreement. Why does AWA
have to "request" reexamination of the term, while the City may reexamine the term without
making any request to AWA?
The language is admittedly ambiguous and appears to give the City the power to terminate the
agreement each May 1 (if notice is given). The interpretation of AWA is equally absurd, in that
neither party would be able to terminate the contract without giving at least six years notice.
The interpretation of AWA would make the "reexamination" useless, and certainly the "request
to reexamine" as provided to AWA. The only way it could possibly have any meaning is if the
term was "extended."
HE
ITEM NUMBER: C-1
DATE: 01/24/06
Pursuant to the interpretation of AWA, the language under 3.a and b is extremely difficult to give
any meaning too. If the intent was that either party could give notice to terminate at least 90
days day prior to May 1, the language could have merely stated that is how either party could
terminate the Agreement. There would be no need for a provision about "reexamination".
Section 4 of the Agreement provides for termination of the contract, and gives 4 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
The only specific provisions concerning termination are arguably section 3 and 16.c., concerning
default. Assuming there are not any material breaches or defaults there is no way for the parties
to unilaterally terminate the Agreement without giving six (6) years notice through the process of
"reexamination" of the term. There is no provision for what happens after the Council or AWA
"reexamine" the term. The City could reexamine the term, and then presumably give notice to
terminate the Agreement. However, if the intent is as AWA argues then the notice would be for
a termination in six years the contract would have stated that the contract may be terminated by
either party by given notice prior to May 1 of each year. Unfortunately, that is not what the
provisions provide in the Agreement. 0
There are several reasons that the term of the contract may be "reexamined" during the term of
the Agreement, especially if AWA were to incur significant capital costs like purchasing may
equipment, trucks for the rates. Prior to making the purchase AWA would desire to have
assurances that the Agreement would be for a long enough time period to pay for the equipment.
In addition, the City may want to reexamine the term if there are new services and mandates that
the City needs to provide in the hauling and picking up trash. In that case, the City may want to
increase the term to permit the contractor to recover its costs in making any new purchases or
equipment to provides the additional services. Furthermore, if the City wants to terminate the
contract earlier, the term would need to be "reexamine" to permit AWA to recoup their capital
expenditures, or if AWA wanted to terminated early to permit the City to find a new franchise
hauler. In either event, both parties would be under an obligation to negotiate in good faith.
There is no doubt the parties may want to "reexamine" the term during the course of the contract.
I also telephoned two of the signatories of the agreement, the former City Manager of
Atascadero, Andrew Takata and the City Attorney Arther Montandon. Mr. Takata has no
memory of the issue, and recommended I contact Mr. Montandon. Mr. Montandon did have
some memory of the provision, and recollected that the term was to be for seven years with an
evergreen clause in place. However, because the City was concerned about the length of the
term, the reexamine clause was added, with the provision that AWA would negotiate in good
faith to a reduced term. The main issue was that the term had to be long enough for AWA to
recover its capital costs, but the City needed the option to terminate the contract. I told him that
the "good faith" negotiation clause is not in the agreement. S
W
ITEM NUMBER: C-1
DATE: 01/24/06
When a party, such as the City in this case, has the unilateral right to change the terms of a
contract, the party must act in good faith. The City must act in an objectively reasonable manner
and cannot add an entirely new term that has no bearing on any subject, issue, right, or obligation
addressed in the original contract and that was not within the reasonable contemplation of the
parties when the contract was entered into. (Badie v. Bank of America (1998) 67 Cal.App.4tn
779, 796). Therefore, since the reasonable contemplation of the parties was that the City (or
AWA) could in good faith "reexamine" and reduce the term of the contract, then the City needs
in good faith to negotiate the term with AWA.
In light of the ambiguity over the language this office recommends that the City notify AWA of
its intent to "reexamine' the term of the Agreement with AWA. Staff could then meet with
AWA and if we are unable to reach an agreement on the term, the Council could decide if the
Council desires to unilaterally reduce the term.
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Atascadero City Council
Staff Report - City Manager's Office
Customer Service Initiative
RECOMMENDATION:
Council receive, comment on, and file this report.
DISCUSSION:
ITEM NUMBER: C-2
DATE: 01/24/06
Customer service is the top priority for City employees. The primary goal of the City's
customer service strategy is to provide "legendary" customer service. Legendary
customer service occurs when our customers perceive that the assistance they
received was exceptional and worth noting. Legendary service will be provided in all
City departments. Whether a citizen is building a new home and requesting a permit,
pulling into their driveway during a -City paving project, or being pulled over by a police
officer, their interaction with the City will be professional, positive, courteous and as
helpful as possible. The year 2006 is being designated the "Year of Customer Service'
The timing couldn't be better as employees move into a City Hall that was built to be
citizen friendly and designed for optimal customer service. This month, staff will be
launching the Customer Service Initiative, a comprehensive employee development
program. The program is built around six components:
1. Professional Training and Development
2. Dissemination of Information to all Employees
3. Enhancing Communication Between Citizens and City Hall
4. Creating Systems that are Efficient and Make Sense
5. Building an Organizational Culture that Embraces Customer Service
6. Employee Recognition and Motivation
The cornerstone of the City's customer service strategy is the formation of the
Customer Service Committee. This committee will meet monthly and will coordinate all
of the City's customer service programs. The committee will be chaired by Assistant
City Manager Jim Lewis and will be comprised of employees from every department.
Employees serving on the committee will have direct exposure to members of the public
on a regular basis.
Wo .
ITEM NUMBER: C-2
DATE: 01/24/06
Final planning for the Customer Service Initiative is underway and the initiative will be
kicked off in late February. The kickoff will involve a forum for all employees. All
components of the Customer Service Initiative will be reviewed at the forum, City
Manager Wade McKinney will share his expectations regarding customer service and
employees will break into their respective departments to establish department goals
and begin address department -specific customer service challenges.
Specific programs that will be considered as part of the customer service initiative
include:
1. Bi -annual lunchtime seminars for employees taught by professionals on subjects
related to customer service which may include topics such as dealing with
difficult customers, phone skills, positive mannerisms, communicating effectively,
etc.
2. Quarterly City Manager roundtables to discuss key projects, initiatives and the
direction the City is going. At these meetings, employees will have a chance to
interact with the City Manager to understand the "larger picture and get a better
understanding of the City Council's priorities and direction.
3. Bi -annual "City Operations 101 course for new employees or those that would
like a refresher. The class will cover how the City operates, review where all
facilities are located, discuss what services are provided by the City, how things
get accomplished, who's who and review our expectations for customer service.
4. The new employee orientation program will be reconfigured to include tours of
city facilities, a meeting with the City Manager and a review of our customer
service expectations. It will be made clear to new employees that customer
service is a top priority.
5. Establishment of an annual reception for employees that highlights customer
service. The City's customer service "all-stars" will be recognized and a game of
some sort that reviews policies, procedures and best practices will be played as
a review of the City's expectations and way of doing business.
6. Customer service feedback forms will be created for the front counter and -a form
will sent randomly to people doing business with the City to assist us in
determining how we are doing.
7. A formal employee recognition program will be created that recognizes
employees that go above and beyond the call of duty, thus encouraging
employees to go the extra mile.
8. A City "handbook" for customer service may be developed.
9. Development of a phone directory by subject and not by person to facilitate
resident inquiries.
10. Development of a uniform signage program for all facilities to assist in directing
customers.
11. Conducting a review of the City's policies and business processes to see if they
can be made easier.
12. Creation of "How To" guides for various city processes.
13. Implementation of the second Leadership Academy focused on training the
organization's next generation of leaders, managers and decision makers.
14. Design and implementation of a web -based citizen interaction system allowing
residents to send inquiries and requests to employees via the Internet. The
system will also allow staff to track letters and phone calls from residents.
187
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ITEM NUMBER: C-2
DATE: 01/24/06
15. Revamping the City web site to make it more user friendly.
Funds are available for many of the programs mentioned above.
FISCAL IMPACT:
Funds are available in the 2005-07 budget for the customer service initiative.
ALTERNATIVES:
1. Request additional information from the staff.
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ITEM NUMBER: C-3
DATE: 01/24/06
Atascadero City Council
Staff Report - Community Development Department
Citywide Annexation Area
Community Facilities District No. 2005-1
RECOMMENDATIONS:
Council:
1. Adopt Draft Resolution A, adopting a boundary map showing the
boundaries of the territory proposed for possible future to Community
Facilities District No. 2005-1 (Public Services); and,
2. Adopt Draft Resolution B, declaring Council's intention to authorize the
Annexation of Territory to Community Facilities District No. 2005-1 (Public
Services) and to authorize the levy of a special tax therein to finance
certain services.
REPORT -IN -BRIEF:
In May 2005, the City Council established Community Facilities District No. 2005-1 (the
"CFD") to finance a portion of the cost associated with providing new services that are
in addition to those currently provided as a result of new residential development within
the City. The Government Code of the State of California, commencing with Section
53311, allows the formation of such districts to provide a financial mechanism to pay for
such new services through the levy of a Special Tax against the properties that will
receive the new services.
Establishment of the attached citywide boundary map showing the boundaries of the
territory proposed for possible future annexations to Community Facilities District No.
2005-1 will allow current and future projects to join the CFD, thus meeting their
conditions of approval. Adopting a Citywide boundary map and adopting a resolution
declaring the Council's intent to annex future projects within the City into CFD 2005-1
will eliminate the need for City Council to hold separate individual meetings of intent.
Projects conditioned to annex into the Community Facilities District will only require a
petition from 100% of the property owners within the area to be annexed and one public
hearing to count the votes and annex the project into the pre -established district.
190
ITEM NUMBER: C-3
DATE: 01/24/06
DISCUSSION:
Background:
The City of Atascadero has established a policy as part of the General Plan that
recognizes that determining the best use of land based solely on revenues to the City is
not good public policy. The City developed its General Plan using good public land use
policy and did not base land use policies simply to generate additional sales tax.
Policies of this type promote the development of quality housing projects but they come
at a cost. That cost is that new residential development must pay for new services that
are in addition to those currently provided. Part of the General Plan requires:
"All residential projects of 100 or more dwelling units shall be required to prepare
a fiscal impact report prior to any discretionary approvals. The fiscal impact
report shall analyze all revenues, service costs and facilities costs associated
with a project. The City shall require the establishment of facilities districts
and/or maintenance districts to cover revenue shortfalls on a project."
In August 2003, the fiscal impact reports for Dove Creek and Woodridge became
available. At the same time the City purchased a program (Taussig Study) to determine
the fiscal impact of projects. As the magnitude of the "loss" on each residential unit
became known, Council began to condition other residential development projects as
well. Finally, the Council mandated that all residential, development coming before
them (regardless of size) be annexed into the Community Facilities District.
Analysis:
Establishment of a citywide annexation boundary map for CFD 2005-1 is the first step
in the Community Facilities District annexation process. Tonight before Council are two
Resolutions. The first Resolution (Draft Resolution A) adopts the boundary map
showing the entire City as potential territory for future annexation into the District.
The second Resolution (Draft Resolution B) is a notice of intent to authorize the
annexation of current and future projects to Community Facilities District No. 2005-1
and authorizing the levy of a special tax. This resolution describes the proposed
services to be provided by the District, sets the proposed special tax to be levied
(previously adopted in the formation of CFD 2005-1), explains the election
requirements, and sets the noticing requirements.
After these two resolutions have been adopted, the City will file the boundary map of
the citywide annexation area with the County Recorder and hold a public hearing on
this matter. After the adoption of this Citywide map and conclusion of the public hearing
for future annexations, developers whose projects are required to be annexed into the
district will require only one public meeting at which the Council will be asked to adopt a
Resolution of Formation, hold a special election, and determine the results of the
election, completing the annexation process.
2
191
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ITEM NUMBER: C-3
DATE: 01/24/06
Conclusion:
Adoption of a citywide boundary map establishing the area for potential future project
annexations will streamline the annexation process. Once the future annexation
proceedings are concluded, projects requiring annexation into the district will require
one public hearing to formally ann.ex into the district.
ALTERNATIVES:
Require each project requiring annexation into the CFD to attend two City Council
Meetings, one to declare intent to annex the project, and one to formalize the
annexation.
ATTACHMENTS:
1. Draft Resolution A - Adopting a boundary map showing the boundaries of the
territory proposed for possible future to Community Facilities District No. 2005-1
(Public Services).
2. Draft Resolution B - Declaring Council's intention to authorize the Annexation of
Territory to Community Facilities District No. 2005-1 (Public Services) and to
authorize the levy of a special tax therein to finance certain services.
3
192
Attachment 1
Draft Resolution A
DRAFT RESOLUTION A
ITEM NUMBER: C-3
DATE: 01/24/06
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, ADOPTING BOUNDARY
MAP SHOWING TERRITORY PROPOSED TO BE ANNEXED
IN THE FUTURE TO COMMUNITY FACILITIES DISTRICT
NO. 2005-1 (PUBLIC SERVICES)
WHEREAS, the CITY COUNCIL of the CITY OFATASCADERO, CALIFORNIA (the
"City Council") desires to authorize the future annexation of territory to a Community Facilities
District pursuant to the terms and provisions of the "Mello -Roos Community Facilities Act of
1982", being Chapter 2.5. Part 1, Division 2, Title 5 of the Government Code of the State of
California (the "Act"). The Community Facilities District has been designated as COMMUNITY
FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES) (CFD No. 2005-1); and,
WHEREAS, there has been submitted a map showing the territory proposed to be
annexed in the future to CFD No. 2005-1, said area to be designated as COMMUNITY
FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES) (FUTURE ANNEXATION AREA)
(the "Future Annexation Area").
NOW, THEREFORE, IT IS HEREBY RESOLVED DETERMINED AND ORDERED BY
THE CITY COUNCIL OF THE CITY OF ATASCADEROAS FOLLOWS:
SECTION 1 Recitals. The above recitals are all true and correct.
SECTION 2 Annexation Map. The map showing the Future Annexation Area and to be
subject to the levy of a special tax by CFD No. 2005-1 upon the annexation of such territory to
CFD No. 2005-1 is hereby approved, adopted and incorporated as Exhibit A. Such map is
designated by the name of the district and Future Annexation Area.
SECTION 3 Certificate. A certificate shall be endorsed on the original and on at least
one (1) copy of the map of the Future Annexation Area, evidencing the date and adoption of this
Resolution, and within fifteen days after the adoption of the Resolution fixing the time and place
of the hearing on the intention to annex in the future, a copy of said map shall be filed with the
correct and proper endorsements thereon with County Recorder, all in the manner and form
provided for Section 3111 of the Streets and Highways Code of the State California.
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193
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ITEM NUMBER: C-3
DATE: 12/13/05
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:
LIN
ATTEST:
Marcia McClure Torgerson, C.M.C.
City Clerk
APPROVED AS TO FORM:
Patrick L. Enright, City Attorney
CITY OF ATASCADERO
Tom O'Malley, Mayor
5
194
ITEM NUMBER:
DATE: 12/13/05
Exhibit 1
Boundary Map of Future Annexation Area
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Attachment 2
Draft Resolution B
DRAFT RESOLUTION B
ITEM NUMBER:
DATE: 12/13/05
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, DECLARING ITS
INTENTION TO AUTHORIZE THE FUTURE ANNEXATION
OF TERRITORY TO COMMUNITY FACILITIES DISTRICT
NO. 2005-1 (PUBLIC SERVICES)
WHEREAS, the CITY COUNCIL of the CITY OF ATASCADERO, CALIFORNIA,
("City Council'), at this time desires to authorize the future annexation of territory to a
Community Facilities District pursuant to the terms and provisions of the "Mello -Roos
Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the
Government Code of the State of California (the "Act"). The Community Facilities District has
been designated as CITY OF ATASCADERO COMMUNITY FACILITIES DISTRICT NO.
2005-1 (PUBLIC SERVICES) ("CFD No. 2005-1"); and,
WHEREAS, it is determined to be within the public interest and convenience to establish
a procedure to authorize and provide for the future annexation of territory to CFD No. 2005-1
and further to specify the amount of special taxes that would be levied and set forth the terms and
conditions for certification of any annexation in the future; and,
WHEREAS, the area proposed to be annexed in the future shall be known and
designated as COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES)
(FUTURE ANNEXATION AREA) (the "Future Annexation Area"), and a map showing the
Future Annexation Area has been submitted to and approved by this City Council and a copy of
said map has been ordered to be kept on file with the City Clerk.
NOW, THEREFORE, IT IS HEREBY RESOLVED DETERMINED AND ORDERED BY
THE CITY COUNCIL OF THE CITY OF ATASCADERO:
SECTION 4 Recitals. The above recitals are all true and correct.
SECTION 5 Authorization. These proceedings for future annexations are authorized
and initiated by this legislative body pursuant to the authorization of the Act in general and
Section 53339.2 of the Government Code of the State of California in particular.
SECTION 6 Public Convenience and Necessity. This legislative body hereby
determines that the public convenience and necessity requires the establishment of a procedure to
authorize and provide for territory to be annexed in the future to CFD No. 2005-1 in order to pay
the costs and expenses for the required and authorized services generated from future
development within the City.
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196
ITEM NUMBER:
DATE: 12/13/05
SECTION 7 Boundaries. A general description of the territory included in CFD No.
2005-1 is hereinafter described as follows:
All that property and territory as previously included within the original CFD No.
2005-1, as said property was shown on a map as approved by this legislative body
designated by the name of CFD No. 2005-1, a copy of which is on file in the
Office of the City Clerk, as well as the County Recorder.
All that property and territory as previously included within Annexation No. 1 to
CFD No. 2005-1, as said property was shown on a map as approved by this
legislative body designated by the name of Annexation No. 1 to Community
Facilities District No. 2005-1, a copy of which is on file in the Office of the City
Clerk, as well as the County Recorder.
SECTION 8 Name of District. The name of the district is CITY OF ATASCADERO
COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES), and the
designation for the Future Annexation Area shall be CITY OF ATASCADERO COMMUNITY
FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES) (FUTURE ANNEXATION
AREA).
SECTION 9 Services Authorized to be Financed by the District. The services that are
authorized to be financed by CFD No. 2005-1 are certain services which are in addition to those
provided in or required for the territory within CFD No. 2005-1 and will not be replacing
services already available. A general description of the services to be financed by CFD No.
2005-1 are as follows:
POLICE AND FIRE SERVICES
Police services and fire protection and suppression services (the
"Services") of the City of Atascadero required to sustain the service
delivery capability for emergency and non -emergency services to new
growth areas of the City of Atascadero, including but not limited to,
related facilities, equipment, vehicles, ambulances and paramedics, fire
apparatus, services, supplies and personnel; provided, however, that any
increases in special taxes for costs related to employee wages and benefits
shall be limited as provided in the Rate and Method of Apportionment of
the Special Taxes to fund such Services.
PARK SERVICE
Park services of the City of Atascadero required for the operation and
maintenance
of public parks.
197
ITEM NUMBER:
DATE: 12/13/05
The same types of services, which are authorized to be financed by CFD No. 2005-1 are the types
of services to be provided in the Future Annexation Area. If and to the extent possible such
services shall be provided in common within CFD No. 2005-1 and the Future Annexation Area.
SECTION 10 Special Taxes. It is the further intention of this City Council body that,
except where funds are otherwise available, a special tax sufficient to pay for such services and
related incidental expenses authorized by the Act, secured by recordation of a continuing lien
against all non-exempt real property in the Future Annexation Area, will be levied annually
within the boundaries of such Future Annexation Area. For further particulars as to the rate and
method of apportionment of the proposed special tax, reference is made to the attached and
incorporated Attachment A (the "RMA"), which sets forth in sufficient detail the method of
apportionment to allow each landowner or resident within the proposed Future Annexation Area
to clearly estimate the maximum amount that such person will have to pay.
The special tax proposed to be levied within the Future Annexation Area for services to be
supplied within the Future Annexation Area shall be equal to the special tax levied to pay for the
same services in CFD No. 2005-1, except that a higher or lower special tax maybe levied within
the Future Annexation Area to the extent that the actual cost of providing the services in the
Future Annexation Area is higher or lower than the cost of providing those services in CFD No.
2005-1. Notwithstanding the foregoing, the special tax may not be levied at a rate which is higher
that the maximum special tax authorized to be levied pursuant to the RMA.
The special taxes herein authorized, to the extent possible, shall be collected in the same manner
as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien
priority in any case of delinquency as applicable for ad valorem taxes. Any special taxes that
may not be collected on the County tax roll shall be collected through a direct billing procedure
.by the Treasurer.
The maximum special tax rate in CFD No. 2005-1 shall not be increased as a result of the
annexation of the Future Annexation Area to CFD No. 2005-1.
SECTION 11 Effective Date of Annexation. Annexation to CFD No. 2005-1 of any
parcel within the Future Annexation Area shall be effective upon the unanimous approval of the
owner or owners of such parcel at the time the parcel is annexed, and no further public hearings
or additional proceedings will be required to authorize such annexation.
SECTION 12 Public Hearin. NOTICE IS GIVEN THAT ON THE 28TH DAY OF
FEBRUARY, 2006, AT THE HOUR OF 7:00 PM CLOCK P.M., IN THE REGULAR
MEETING PLACE OF THE LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS,
6907 EL CAMINO REAL, ATASCADERO, CALIFORNIA, 93422, A PUBLIC HEARING
WILL BE HELD WHERE THIS LEGISLATIVE BODY WILL CONSIDER THE
AUTHORIZATION FOR THE ANNEXATION OF CERTAIN TERRITORY IN THE FUTURE
TO CFD NO. 2005-1, THE PROPOSED METHOD AND APPORTIONMENT OF THE
SPECIAL TAX TO BE LEVIED WITHIN THE FUTURE ANNEXATION AREA AND ALL
OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION.
AT SUCH PUBLIC HEARING, THE TESTIMONY OF ALL INTERESTED PERSONS FOR
OR AGAINST THE ANNEXATION OF THE FUTURE ANNEXATION AREA OR THE
D
.;
ITEM NUMBER:
DATE: 12/13/05
LEVYING OF SPECIAL TAXES WITHIN THE FUTURE ANNEXATION AREA WILL BE
HEARD.
AT SUCH PUBLIC HEARING, PROTESTS AGAINST THE PROPOSED ANNEXATION OF
THE FUTURE ANNEXATION AREA, THE LEVY OF SPECIAL TAXES WITHIN THE
FUTURE ANNEXATION AREA OR ANY OTHER PROPOSALS CONTAINED IN THIS
RESOLUTION MAY BE MADE ORALLY BY ANY INTERESTED PERSON. ANY
PROTESTS PERTAINING TO THE REGULARITY OR SUFFICIENCY OF THE
PROCEEDINGS SHALL BE IN WRITING AND SHALL CLEARLY SET FORTH THE
IRREGULARITIES OR DEFECTS TO WHICH OBJECTION IS MADE. ALL WRITTEN
PROTESTS SHALL BE FILED WITH THE CITY CLERK PRIOR TO THE TIME FIXED FOR
THE PUBLIC HEARING. WRITTEN PROTESTS MAY BE WITHDRAWN AT ANY TIME
BEFORE THE CONCLUSION OF THE PUBLIC HEARING.
SECTION 13 Majority Protest. If (a) 50% or more of the registered voters, or six (6)
registered voters, whichever is more, residing within CFD No. 2005-1, (b) 50% or more of the
registered voters, or six (6) registered voters, whichever is more, residing within the Future
Annexation Area, (c) owners of one-half or more of the area of land in the territory included in
CFD No. 2005-1, or (d) owners of one-half or more of the area of land in the territory included in
the Future Annexation Area, file written protests against the proposed annexation of the Future
Annexation Area to CFD No. 2005-1 in the future and such protests are not withdrawn so as to
reduce the protests to less than a majority, no further proceedings shall be undertaken for a period
of one year from the date of the decision by the City Council on the issued discussed at the public
hearing.
SECTION 14 Notice. Notice of the time and place of the public hearing shall be given
by the City Clerk by publication in the legally designated newspaper of general circulation, said
publication pursuant to Section 6061 of the Government Code, with said publication to be
completed at least seven (7) days prior to the date set for the public hearing.
The City Clerk shall certify to the passage and adopted of this Resolution and enter it into the
book of original Resolutions.
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ITEM NUMBER:
DATE: 12/13/05
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:
ATTEST:
Marcia McClure Torgerson, C.M.C.,
City Clerk
APPROVED AS TO FORM:
Patrick L. Enright, City Attorney
WE
CITY OF ATASCADERO
Tom O'Malley, Mayor
11
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