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HomeMy WebLinkAboutAgenda Packet 02/14/2006Isla I1970 CITY OF - O CITY COUNCIL AGENDA Tuesday, February 14, 2006 7:00 P.M. City Hall Council Chambers 6907 EI Camino Real Atascadero, California REDEVELOPMENT AGENCY: 6:30 P.M. CLOSED SESSION: (Immediately Following Redevelopment Agency Meeting) 1. PUBLIC COMMENT — CLOSED SESSION 2. CALL TO ORDER a. Conference with legal counsel — Existing Litigation (Subdivision (a) of Government Code Section 54956.9) Central Coast Compassionate Caregivers and Charles Lynch v. City of Atascadero San Luis Obispo Superior Court —Case No. CV060078 3. ADJOURN 4. CLOSED SESSION REPORT REGULAR SESSION: 7:00 P.M. PLEDGE OF ALLEGIANCE: Council Member e Clay 1 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.) APPROVAL OF AGENDA: Roll Call COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on .a future agenda. The Council may take action on items listed on the Agenda.) PRESENTATIONS: 1. Proclamation declaring February 28, 2006 as "Spay Day USA." 2. Police Chief's Commendations, 4 Officers. 3. Recognition of Sergeant Molle and retirement of K9 Lesko. 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 — January 10, 2006 ■ City Clerk Recommendation: Council approve the City Council meeting minutes of January 10, 2006. [City Clerk] 2. 7705 Navaioa Avenue Planned Development: ZCH 2004-0092 / CUP 2004-0139 / TTM 2004-0060 (Tanner / Fragione) / Five (5) Unit Detached Racirlantini ■ Fiscal Impact: None. ■ Recommendation: Council adopt on second reading, by title only, Draft Ordinance A approving Zone Change 2005-0092 based on findings. [Community Development] 0 2 3. _George C. Beatie Skate Park Sponsorship and Concession Operation Agreement ■ Fiscal Impact: Approximately $3,500 in facility improvements, and an estimated $2,500 in revenue. ■ Recommendation: Council authorize the City Manager to execute an agreement with Mobley's Board Shop for the sponsorship and concession operation at the George C. Beatie Skate Park. [Community Services] 4. Final Map 2005-0124 (Tract 2748) 7925 Santa Ysabel Ave. (TTM 2005- 0070)(Fetyko) ■ Fiscal Impact: ■ Recommendations: Council: 1. Accept Final Parcel Map 2005-0124 (Tract 2748); and, 2. Reject the offer of dedication for Public Access Easement and Public Utility Easement without prejudice to future acceptance. B. PUBLIC HEARING: 1. EI Canino Court Mixed -Use: Two Multi -Family Residential Buildinas and Two Mixed -Use Buildings Designed with Commercial Use on the Lower Floor and Residential Use on the Upper Floors (GPA 2005-0015 / ZCH 2005-0104 / ZCH 2005-0105 / CUP 2005-0170 / TTM 2005-0076) WRW • Group, Inc.) ■ Disclosure of Ex Parte Communications ■ Fiscal Impact: None. ■ Recommendations: Planning Commission Recommends: Council: 1. Adopt Draft Resolution A certifying Proposed Mitigated Negative Declaration 2005-0063; and, 2. Adopt Draft Resolution B approving General Plan Amendment 2005- 0015 based on findings; and, 3. Introduce for first reading, by title only, Draft Ordinance A approving Zone Text Change 2005-0104 establishing a PD -27 overlay district based on findings; and, 4. Introduce for first reading, by title only, Draft Ordinance B approving Zone Change 2005-0105 based on findings; and, 5. Adopt Draft Resolution C approving Conditional Use Permit 2005-0170 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 6. Adopt Draft Resolution D approving Vesting Tentative Tract Map 2005- 0076 based on findings and subject to Conditions of Approval and Mitigation Monitoring. [Community Development] 0 3 C. MANAGEMENT: 1. Legislative Priorities 2006 •Fiscal Impact: None. ■ Recommendation: Council adopt a Draft Resolution establishing the City's legislative priorities for 2006. [City Manager] D. COMMITTEE & LIAISON REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary): Mayor O'Malley 1. County Mayor's Round Table 2. Finance Committee 3. Air Pollution Control District (APCD) 4. Economic Vitality Corporation, Board of Directors (EVC) 5. League of California Cities — Grassroots Network 6. City / Schools Committee 7. Economic Opportunity Commission (EOC) Mayor Pro Tem Pacas 1. Integrated Waste Management Authority (IWMA) 2. City / Schools Committee 3. Atascadero Youth Task Force Council Member Clay 1. S.L.O. County Flood Control & Water Conservation District Water Resources Advisory Committee 2. Nacimiento Water Purveyors Contract Technical Advisory Group 3. North County Water Purveyors Group Council Member Luna 1. Finance Committee Council Member Scalise 1. Atascadero State Hospital Advisory Board 2. Local Agency Formation Commissions (LAFCO) 3. SLO Council of Governments (SLOCOG) / S.L.O. Regional Transit Authority (SLORTA) E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager El C 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 February 14, 2006 Regular Session of the Atascadero City Council was posted on February 7, 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 7th day of February, 2006 at Atascadero, California. Shannon Sims, Deputy City -Clerk City of Atascadero 5 City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING The City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m., at the City Hall Council Chambers, 6907 EI Camino Real, Atascadero. Matters are considered by the Council in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the City Clerk and are available for public inspection during City Hall business hours at the Central Receptionist counter and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the City Council. The minutes of this meeting will reflect these numbers. All documents submitted by the public during Council meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the City Clerk's office. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office or the City Clerk's Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON AGENDA ITEMS Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and will request anyone interested to address the Council regarding the matter being considered to step up to the podium. If you wish to speak for, against or comment in any way: • You must approach the podium and be recognized by the Mayor • Give your name and address (not required) • Make your statement • All comments should be made to the Mayor and Council • No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present • All comments limited to 5 minutes (unless changed by the Council) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. If you wish to use a computer presentation to support your comments, you must notify the City Clerk's office at least 24 hours prior to the meeting. Access to hook up your laptop to the City's projector will be provided. You are required to submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk before the meeting begins to announce your presence and turn in the printed copy. The Mayor will announce when the public comment period is closed, and thereafter,. no further public comments will be heard by the Council. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the Council to: • Please approach the podium and be recognized • Give your name and address (not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Council). TO HAVE ITEMS PLACED ON AGENDA All business matters to appear on the Agenda must be in the Office of the City Manager 14 days preceding the Council meeting. Should you have a matter you wish to bring before the Council, please mail or bring a written communication to the City Manager's office in City Hall prior to the deadline. N 3 City of Atascadero Proclamation "Spay Day USA" February 28, 2006 WHEREAS, cats and dogs provide companionship to and share the homes of over 63, 000, 000 individuals in the United States; and, WHEREAS, two unaltered cats and their offspring can produce 420,000 more cats in seven years and two unaltered dogs and their offspring can produce 67,000 more dogs in six years; and, WHEREAS, humane societies and shelters have to kill approximately four million cats and dogs each year, although many of them are healthy and adoptable, simply because there are not enough good homes; and, WHEREAS, the problem of companion animal overpopulation costs the taxpayers of this country over a billion dollars annually through animal control programs aimed -at coping with the millions of homeless cats and dogs; and, WHEREAS, spaying or neutering cats and dogs has been shown to drastically reduce cat and dog overpopulation; and, WHEREAS, veterinarians, humane societies, national and local animal protection organizations, and private citizens worked together to ensure the spaying or neutering of more than 125,000 companion animals through "Spay Day USA" in 2005; and, NOW, THEREFORE, BE IT RESOLVED that I, Tom O'Malley, Mayor of the City of Atascadero, on`behalf.of the City .Council, do hereby officially proclaim February 28, 2006 "Spay Day USA" and call upon the people of the City of Atascadero to observe the day by having their own cats or dogs spayed or neutered or by sponsoring the spaying or neutering of another person's cat or dog. WITNESS THE OFFICIAL SEAL OF THE CITY OF ATASCADERO: �. .A, Tom O'Malley, Mayor City of Atascadero,, California <� € February 14, 2006 r' 10 ITEM NUMBER: A-1 DATE: 02/14/06 1979 CITY OF A TASCADERO wjCITY COUNCIL DRAFT MINUTES Tuesday, January 10, 2006 7:00 P.M. REGULAR SESSION: 7:00 P.M. Mayor O'Malley called the meeting to order at 7:00 p.m. and Flavio Gonzales, Santa Rosa School, led the Pledge of Allegiance. ROLL CALL: Present: Absent: Others Present: Staff Present: Council Members Clay, Luna, Scalise, Pacas and Mayor O'Malley None City Clerk / Assistant to City Manager Marcia McClure Torgerson, Deputy City Clerk Grace Pucci City Manager Wade McKinney, Assistant City Manager Jim Lewis, Administrative Services Director Rachelle Rickard, Community Development Director Warren Frace, Public Works Director Steve Kahn, Community Services Director Geoff English, Fire Chief Kurt Stone, Police Chief John Couch, Deputy Community Development Director Steve McHarris, Deputy Public Works Director Geoff English, Assistant Planner Lisa Wilkinson and City Attorney Patrick Enright. COMMUNITY FORUM: Pastor Vern Hugh Haynes, True Spirit Mission Baptist Church, led those present in prayer. CC Draft Minutes 01/10/06 Page 1 of 8 8 Mayor O'Malley closed the Community Forum period. APPROVAL OF AGENDA: MOTION: By Council Member Scalise and seconded by Council Member Clay to approve the agenda. Motion passed 5:0 by a roll -call vote. COUNCIL ANNOUNCEMENTS AND REPORTS: Mayor O'Malley requested a staff report on the motorcycle ordinance as part of a regular Council meeting. There was Council consensus to have a staff report on the motorcycle ordinance at a regular City Council meeting. Mayor O'Malley announced that his last Planning Commission appointee J.P. Patel will be leaving the area and his new appointee Greg Slane will begin his term next Tuesday. City Clerk Marcia McClure Torgerson announced that the Planning Commission term of Roberta Fonzi is expiring; applications for the position are being accepted, with a deadline of Friday, January 13'h. Interviews will be held in the afternoon prior to the next City Council meeting. Mayor O'Malley delivered a State of the City message. (Attachment #A) DISCLOSURE OF EX PARTE COMMUNICATIONS: City Attorney Patrick Enright explained ex parte communications and how they are to be handled during the meeting. A. CONSENT CALENDAR: 1. City Council Closed Session Meeting Minutes — October 31, 2005 ■ City Clerk Recommendation: Council approve the City Council closed session meeting minutes of October 31, 2005. [City Clerk] 2. City Council Meeting Minutes—November 22, 2005 ■ City Clerk Recommendation: Council approve the City Council meeting minutes of November 22, 2005. [City Clerk] CC -Draft Minutes 01/10/06 Page 2of8 9 • 3. City Council Special Joint Meeting Minutes — November 29, 2005 ■ City Clerk Recommendation: Council approve the City Council special joint meeting minutes of November 29, 2005. [City Clerk] 4. July 2005 Treasurer's Report ■ Fiscal Impact: None. ■ Recommendation: Council approve the City Treasurer's report for July 2005. [City Treasurer] 5. August 2005 Treasurer's Report ■ fiscal Impact: None. ■ Recommendation: Council approve the City Treasurer's report for August 2005. [City Treasurer] 6. September 2005 Treasurer's Report ■ Fiscal Impact: None. ■ Recommendation: Council approve the City Treasurer's report for September 2005. [City Treasurer] 7. October 2005 Accounts Payable and Payroll ■ Fiscal Impact: $2,204,494.02. ■ Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for October 2005. [Administrative Services] 8. Final Map 20050113 (TPM 2004-0061) 7500 Navaioa Avenue (Parcel Map AT 04-0024)(Higgins / Prewitt) ■ Fiscal Impact: None. ■ Recommendations: Council: 1. Accept Final Parcel Map 2005-0113 (Parcel Map AT 04-0024); and, 2. Authorize City Manager to enter Subdivision Improvement Agreement with applicant. [Public Works] 9. Final Map 2005-0122 (TTM 2005-0069) (Tract 2749) 2000-2300 EI Camino Real - Factory Outlets (Levon Investments / Gearhart ■ Fiscal Impact: None. ■ Recommendation: Council accept Final Tract Map 2005-0122 (Tract 2749). [Public Works] Items pulled: Council Member Luna, Item #A-9. MOTION: By Council Member Clay and seconded by Council Member Luna to approve Items #A-1, 2, 3, 4, 5, 6, 7, and 8. Motion passed 5:0 by a roll -call vote. (Item #A-8 Contract No. 2006-001) CC Draft Minutes 01/10/06 Page 3 of 8 10 Item #A-9: 10 Community Development Director Warren Frace gave a staff report and answered questions of Council. Council Member Luna stated he pulled this item because this was a matter heard only by the Planning Commission and he is now being asked to approve it when he has had no input into the Conditions of Approval and no information other than a one page summary. For this reason he is unable to vote for this item in its present form. PUBLIC COMMENT Debbie Buckler asked when the property across from the Outlet Center would come before the Council. City Manager Wade McKinney stated there is currently no public process underway for that site. Mayor O'Malley closed the Public Comment period. Mayor Pro Tem Pacas stated she also would like more information in the agenda packet on items such as this before she would vote to approve. MOTION: By Council Member Scalise and seconded by Council Member Clay to approve Item #A-9 Motion passed 3.2 by a roll -call vote. (Luna, Pacas opposed) B. PUBLIC HEARING: 1. Zone Change 2004-0087 / CUP 2004-0133 / TPM 2004-0056 (6910 Navaioa) (Vaughn and Young) Fiscallmpact: None. ■ Recommendations: Planning Commission Recommends: Council: 1. Adopt Draft Resolution A certifying Proposed Mitigated Negative Declaration 2005-0052; and, 2. Introduce for first reading, by title only, Draft Ordinance A approving Zone Change 2004-0087 based on findings; and, 3. Adopt Draft Resolution B approving Conditional Use Permit 2004- 0133 to include the Master Plan of Development based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 4. Adopt Draft Resolution C approving Tentative Parcel Map 2004-0056 based on findings and subject to Conditions of Approval and Mitigation Monitoring. [Community Development] Deputy Community Development Director Steve McHarris gave the staff report and answered questions of Council. 0 CC Draft Minutes 01/10/06 Page 4 of 8 11 PUBLIC COMMENT Don Vaughn, applicant, spoke about in -lieu fees and the difficulty in supporting the cost of those fees on a project of this size. Mr. Vaughn answered questions of Council. Mayor O'Malley closed the Public Comment period. Council Member Luna expressed concern with the cumulative impacts of allowing all the developers on Navajoa to skate with in Lieu fees rather than actually getting some affordable housing. MOTION: By Council Member Scalise and seconded by Council Member Clay to approve the Zone Change and CUP project No. 2004- 0087 and 2004-0133 and 2004-0056 with the correction of making CUP Condition of Approval No. 21 (under Draft Resolution B) 3 trees rather than 1. Motion passed 4:1 by a roll -call vote. (Luna opposed) (Item #B-1.1 Resolution No. 2006-001, Item #B-1.3 Resolution No. 2006-002, Item #B-1.4 Resolution No. 2006-003) Mayor O'Malley proposed a brief discussion and report at Strategic Panning with staff proposing options for further review of the affordable housing policy. 2. Title 9 Planning and Zoning Text Amendment: Amendment to Portions of Title 9 Pertaining to Indoor Shooting Ranges (ZCH 2005-0106) (Bennet/Norris) ■ Fiscal Impact: None. ■ Recommendation: Planning Commission recommends Council introduce for first reading, by title only, Draft Ordinance A approving Zone Change 2005-0106 based on findings. [Community Development] Community Development Director Warren Frace gave the staff report and answered questions of Council PUBLIC COMMENT William Norris and Al Priestly, applicants, answered questions of Council Joann Main, Atascadero Chamber of Commerce, stated that adding this recreational indoor use to the zoning in this area of town is a good idea. Mayor O'Malley closed the Public Comment period. CC Draft Minutes 01/10/06 Page 5 of 8 12 MOTION: By Council Member Scalise and seconded by Council Member Clay to adopt the Planning Commission's recommendation to introduce for first reading, by title only, Draft Ordinance A approving Zone Change 2005-0106. Motion passed 5;0 by a roll -call vote. C. MANAGEMENT: 1. Review of Solid Waste Collection Services ■ Recommendation: Council direct staff on how to proceed regarding the City's contract with Atascadero Waste Alternatives. [City Manager] City Manager Wade McKinney gave the staff report and answered questions of Council. Council Member Luna stated he has received no calls or comments from the community on whether this should be continued and has received no complaints on the service. He stated personally he is satisfied with the service. Council Member Scalise indicated that she has received a few complaints, however from a business perspective she thinks it is prudent to do an RFP for comparison. Council Member Clay stated he has had complaints from the downtown community regarding pickup times and leaving trash in the street that has fallen during pickup. He suggested holding this over for discussion at Strategic Planning. PUBLIC COMMENT Keith Ramsey, District Manager of Atascadero Waste Alternatives, distributed a handout (Exhibit B) to the Council and gave a PowerPoint presentation on their services. Mr. Ramsey and his operations manager answered questions of Council. Mayor O'Malley stated he would like more active participation in reviewing the contract; some means of feedback so the provider can address community concerns. Steve Martin, Executive Director Atascadero Main Street, gave a brief report about downtown concerns regarding the service and how they have been addressed. Mr. Martin agreed with Mayor O'Malley's idea of community participation in reviewing the contract. Brad Goodrow, Midstate Solid Waste and Recycling, urged Council to look at the contract and put it up for review and bid. Mr. Goodrow answered questions of Council. Marlene Lutz stated she is pleased with the current service she is receiving. Keith Ramsey responded to issues raised during the Public Comment period. 0 CC Draft Minutes 01/10/06 Page 6 of 8 13 Mayor O'Malley closed the Public Comment period. Council Member Scalise stated she considers it prudent business practice to call for other bids, listing the city's expectations in writing and then putting out an RFP that would address each one. She encouraged Council to go through the process as a benefit to the community. There was discussion regarding the term of the contract. MOTION: By Council Member Scalise to direct staff to begin a process with Mr. Worell of the IWMA to set up some meetings to list expectations for an RFP and open it up for an open bid process for the community. The motion failed for lack of a second. There was further Council discussion regarding review of the contract, the RFP process, and the contract term. Mayor O'Malley suggested directing staff to bring this back at the next City Council session with a thorough review of the contract intricacies including the time frame. At that time Council can review the contract, determine if changes should be made and . discuss whether to do an RFP. There was Council consensus to have the entire contract in hand at the next City Council meeting with the City Attorney rendering an opinion as to the term of the contract. D. COMMITTEE & LIAISON REPORTS: Mayor O'Malley announced that all existing committee assignments will continue. Mayor O'Malley 1. County Mayor's Round Table: Atascadero hosted the meeting at the Carlton and the topic was tourism. E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Manager City Manager Wade McKinney distributed a draft list of strategic planning issues discussed earlier and asked Council to inform him if there are other issues they would like to consider that are not on the list . CC Draft Minutes 01/10/06 Page 7 of 8 14 F. ADJOURNMENT: 0 Mayor O'Malley adjourned the meeting at 9:12 p.m. to the next regularly scheduled meeting of the City Council on January 24, 2006. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Deputy City Clerk The following exhibit is available for review in the City Clerk's office: Exhibit A — Mayor O'Malley's State of the City Address Exhibit B — Atascadero Waste Alternatives, handout CC Draft Minutes 01/10/06 Page 8 of 8 15 • ITEM NUMBER: A-2 DATE: 02/14/06 Atascadero City Council Staff Report Community Development Department 7705 Navajoa Avenue Planned Development ZCH 2004-0092 (Tanner / Fragione) RECOMMENDATION: Council adopt on second reading, by title only, Draft Ordinance A approving Zone Change 2005-0092 based on findings. DISCUSSION: 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. On January 24, 2006, the City Council conducted a public hearing to consider establishment of a PD -25 overlay zone and 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. ATTACHMENT: Attachment 1: Draft Ordinance A 16 ATTACHMENT 1: 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 031-183-0317 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-Family40 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, is 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, 17 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 February 14, 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 0 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 Bv: ATTEST: .Marcia McClure Torgerson, C.M.C.,°City Clerk APPROVED AS TO FORM: Patrick L. Enright, City Attorney 19 Tom O'Malley, Mayor is • • • • 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 20 • ITEM NUMBER: A-3 DATE: 02/14/06 Atascadero City Council Staff Report — Community Services Department George C. Beatie Skate Park Sponsorship and Concession Operation Agreement RECOMMENDATION: Council authorize the City Manager to execute an agreement with Mobley's Board Shop for the sponsorship and concession operation at the George C. Beatie Skate Park. DISCUSSION: is Austin Miller, owner of Mobley's Board Shop, located at 5863 Traffic Way, responded to a Request For Proposals (RFP) from the City for a private partner to sponsor and manage concession operation at.the Atascadero George C. Beatie Skate Park. Upon Council approval, Mobley's Board Shop will provide the City with a steady source of income from this concession arrangement. The financial consideration for this lease agreement requires the Concessionaire to pay the City a minimum of 5% of gross sales in exchange for the concessions rights. The term of the agreement will be two (2) years, with an option for three (3) additional 1 year extensions by mutual agreement of the parties. Mobley's Board Shop has also proposed to provide sponsorship, facility improvements and concession services to the City. The sponsorship includes more than $1,000 in contributions for sponsoring of skate events and other special events to be held at the Skate Park. In addition, the concessionaire will make physical improvements to the skater/parent observation area including carpeting, furniture TV screen, sound system, etc. This public/private partnership will provide a leisure service to the residents of Atascadero. Staff recommends that the City Council authorize the City Manager to execute the Agreement with Mobley's Board Shop for the sponsorship and concession operation at the George C. Beatie Skate Park. 22 ITEM NUMBER: A-3 DATE: 02/14/06 FISCAL IMPACT: Approximately $3,500 in facility improvements, and an estimated $2,500 in revenue. ALTERNATIVES: None proposed ATTACHMENTS: 1. Sponsorship and Concessions Agreement 2. Concessionaire's proposal 23 7 • City of Atascadero Department of Community Services 1979 7 AGREEMENT SPONSORSHIP AND CONCESSIONS OPERATIONS AT THE ATASCADERO GEORGE C. BEATIE SKATE PARK This agreement is made upon the date of execution, as set forth below, by and between Mobley's Boardshop a ' hereinafter referred to a "Contractot", and the City of Atascadero, California, a Municipal Corporation, hereinafter referred to as "City". The parties hereto, in consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions: 1.0 GENERAL PROVISIONS 1.01 TERM: This agreement will become effective on the date of execution set forth below, and will continue in effect until terminated as provided herein (2 years) with options for extension for three addition one year terms. 1.02 SERVICES TO BE PERFORMED BY CONTRACTOR: Contractor agrees to perform or provide services specified in "Description of Services" attached hereto as "Exhibit A" hereby incorporated herein. Contractor shall determine the method, details and means of performing the above -referenced services. Contractor may, at Contractor's own expense, employ such assistants as Contractor deems necessary to perform the services required of Contractor by this agreement. City may not control, direct or supervise Contractor's assistants or employees in the performance of those services. 1.03 SPONSORSHIP AND GROSS SALES RECEIPTS: In consideration for the terms of this agreement, the Contractor will pay the City an 5 percent of the total gross earnings monthly of all monies from sales received by the Contractor from the use of the equipment and premises described in this contract. The percentage will be paid according to the "Exhibit B" Gross earning shall not include any sales or excise taxes imposed by any governmental entity. Payment to the City of Atascadero the percentage of gross earnings received shall be the tenth (10a') day of each month. Payments are required to be submitted to the City of Atascadero, Department of Community Services, 6907 El Camino Real, Atascadero California (Attention: Brady Cherry Community Services 4 Director). 24 City of Atascadero Payments received from the tenth (10th) of each month to the twenty-fifth (25th) of each month shall be considered delinquent and assessed a ten percent (10%) penalty. Payments received after the twenty-fifth (25th) of each month shall be assessed an additional ten percent (10%) penalty. Failure by the Contractor to tender payment to the City within thirty (30) days of any payment so due, shall be sufficient cause for the City to terminate this agreement. 1.04 LOCATION: Premises of operation is the George C. Beatie Skate Park located at Traffic Way Park, 5493 Traffic Way, Atascadero, California. 1.05 SUBLEASE: Contractor shall not sublease or otherwise convey any interest of any sort granted by this agreement to any person or persons whatsoever without prior written consent and approval by the City. 1.06 RECORDS AND ACCOUNTS: Contractor shall keep true and accurate books and records showing all of its business transactions in separate records of account for the concession operation, in a manner acceptable to the City. The City shall have the right, through its representatives, and at all reasonable times, to inspect such books and records, including State of California sales tax records. The City may require Contractor, at his expense, to have his records and accounts audited by an auditor acceptable to the City and shall present said audit to the Director of Community Services within thirty (30) days after the completion of the audit. If Contractor fails to provide the required audit, the City shall contract to have an audit performed at the Contractor's expense. 1.07 CONDITIONS OF PREMISES: The taking of possession of the subject premises by Contractor shall, in itself, constitute acknowledgment that the premises are in good and tenantable condition. Contractor agrees to accept said premises in the present existing condition, "as is" and the additions, or betterments thereto. Contractor may construct or modify the said premises with prior written approval by the Director of Community Services (or designee). Any plans for such construction, if applicable, shall be submitted to the City for approval. Such construction or modification shall be without cost to the City. 1.08 SIGNS: All signs, names or placards shall be approved by the Director of Community Services (or designee) prior to installation. All signs must meet all requirements and specifications as set forth by the City. Agreement for Sponsorship and Concessions Operations at Atascadero George C. Beatie Skate Park 2 AGREEMENT 25 s City of Atascadero 1.09 DAMAGE TOMESTRUCTION OF PREMISES: Should the subject premises or the building and other improvements in which the subject premises are situated be totally or partially damaged or destroyed, the City shall promptly repair the same, except that the City shall have the option to terminate this Agreement if (a) the subject premises or the building improvements in which the premises are situated cannot reasonably be expected to be restored under existing law to substantially the same condition as existed prior to such damage or destruction with ninety (90) days from the date that the insurance proceeds become available to the City; or (b) if the costs of such restoration would exceed one-half (1/2) of the full insured value of the building and other improvements in which the subject premises are situated; or (c) if the damage or destruction results from a casualty not customarily insured against by a policy of standard fire and extended coverage insurance having vandalism and malicious mischief endorsements. Any notice of termination given here shall be given to Contractor within fifteen (15) days after City determines the period of time required for and the estimated cost of such repair or restoration. 2.0 OBLIGATIONS OF CONTRACTOR 2.01 MINIMUM AMOUNT OF SERVICE BY CONTRACTOR: Contractor agrees to devote the hours necessary to perform the services set forth in this agreement in an efficient and effective manner. Contractor may represent, perform services for and be employed by additional individuals or entities, at Contractor's sole discretion, as long as the performance of these extra -contractual services does not interfere with or presents a conflict with City's business. 2.02 HOURS OF OPERATION: Hours of operation to be established by Contractor upon mutual agreement with the Director of Community Services (or designee). 2.03 PERMITS: Contractor is required to provide City, prior to commencement of operation of concession, a copy of a City Business License and a Board of Equalization Certificate. 2.04 TAXES: Contractor agrees to pay all lawful taxes, assessments or charges which may be levied by government entities. 2.05 EQUIPMENT: Contractor, at his own expense, shall completely equip the concession and keep all equipment in a good repair and in safe operating condition to the satisfaction of the Director of Community Services (or designee) throughout the term of this agreement. Daily inspections of the contractors equipment must be maintained and available for review upon request of the City of Atascadero. Contractor shall have the right to use the City owned a portion of the lounge area. Request to use the Skate Park's equipment or facility after hours equipment must be made to the City in advance which City rental rates shall apply. Agreement for Sponsorship and Concessions Operations at Atascadero George C. Beatie Skate Park 3 AGREEMENT 26 City of Atascadero 2.06 QUALITY OF SERVICE/CONTROLLED RATES AND CHARGES: The City has the right to inspect and schedule the prices and rates of goods sold upon the subject premises. The City reserves the right to prohibit the sale of any item which it deems objectionable or beyond the scope of merchandise deemed necessary for proper service to the public. Contractor shall post rates and prices of all items in such places as designated by the City. 2.07 TOOLS AND INSTRUMENTALITIES: Contractor shall provide all tools and instrumentalities to perform the services under this agreement. 2.08 WORKER'S COMPENSATION AND OTHER EMPLOYEE BENEFITS: City and Contractor intend and agree that Contractor is an independent contractor of City and agrees that Contractor and Contractor's employees and agents have no right to Worker's Compensation and other employee benefits. If any worker insurance protection is desired, Contractor agrees to provide Worker's Compensation and other employee benefits, where required by law, for Contractor's employees and agents. Contractor agrees to hold harmless and indemnify City for any and all claims arising out of any claim for injury, disability, or death of and any of Contractor's employees or agents. 2.09 INDEMNIFICATION: Contractor hereby agrees to, and shall, hold City, its elective and appointive boards, officers, agents and employees, harmless and shall defend the same from any liability for damage or claims for damage, or suits or actions at law or in equity which may allegedly arise from Contractor's or any of Contractor's employees' or agents' operations under this agreement, whether such operations by Contractor or by any one or more persons directly or indirectly employed by, or acting as an agent for, Contractor; provided as follows: a. That the City does not, and shall not, waive any rights against Contractor which it may have by reason of the aforesaid hold -harmless agreement, because of the acceptance by City, or the deposit with City by hereinafter described. b. That the aforesaid hold -harmless agreement by Contractor shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of Contractor or any agent or employee of Contractor regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 2.10 INSURANCE: Contractor shall not commence work under this contract until he/she has obtained all insurance required under this section and such insurance shall have been approved by City as to form, amount and carrier: as outlined in Exhibit "C", attached. Agreement for Sponsorship and Concessions Operations at Atascadero George C. Beatie Skate Park 4 AGREEMENT 27 • City of Atascadero a. Proof of Insurance. Contractor shall furnish City, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give City at least thirty (30) days' prior notice of the cancellation of any policy during the effective period of this contract. The certificate or policy of liability of insurance shall name City as an additional insured with the Contractor. 2.11 CONTRACTOR'S MAINTENANCE: Except as otherwise provided in this agreement, Contractor, at its own cost and expense agrees: a. To maintain throughout the agreement term in good sanitary order, condition, and repair, all portions of the leased premises, including, without limitation, (a) The Dity —owned floating dock area and the fenced, cemented area directly in front of the floating dock (b) any personal property of the Contractor situated in or upon the subject premises; The City releases the Contractor of responsibility for the kitchen area, the appliances or equipment at such times as the City rents or loans the kitchen to anyone other than the Contractor. b. To notify the City promptly of any damage to the subject premises situated resulting from or attributed to the acts or omissions of the Contractor, its invitees or its authorized representatives, and thereafter promptly to repair all such damage at Contractor's sole cost and expense. c. Contractor waives the provisions of Section 1941 and 1942 of the California Civil Code with respect to Contractor's right to make repairs and to deduct the expenses thereof from monthly payment payable by the Contractor. 2.12 UTILITIES: The City shall pay the reasonable costs for the actual utilities, including water, gas, heat, light and power supplied to the subject premises. There are customary and reasonable charges one would expect to pay for these services. The contractor agrees to pay their fair share of al utilities including water, gas heat, light and power supplied to subject premises based on the percentage of square feet of subject premises compared with the utility charges for the entire building site, up to a maximum charge of $200.00 per month. The charges will be billed to the Contractor monthly and payable to the City of Atascadero. Contractor shall make all arrangements for and pay the charges when due for the telephone service. The suspension or interruption in utility service to the leased premises for reasons beyond the ability or control of the City shall not constitute a default by City or entitle Contractor to any reduction or abatement of the monthly payment due to the City. 3.0 OBLIGATIONS OF CITY 3.01 COOPERATION: City agrees to comply with all reasonable requests of Contractor necessary to the performance of Contractor's duties under this agreement. Agreement for Sponsorship and Concessions Operations at Atascadero George C. Beatie Skate Park 5 AGREEMENT W. City of Atascadero 3.02 PLACE OF WORK: City agrees to furnish use of the floating docks located in Atascadero Lake Park use by the Contractor while performing the services described within this agreement. 0 4.0 TERMINATION OF AGREEMENT 4.01 TERMINATION ON NOTICE: Notwithstanding any other provision of this agreement, any party hereto may terminate this agreement, at any time, without cause by giving at least thirty (30) days prior written notice to the other parties to this agreement. 4.02 TERIVIINATION ON OCCURRENCE OF STATED EVENTS: This agreement shall terminate automatically on the occurrence of any of the following events: (1), Bankruptcy or insolvency of any party; (2) Sale of the business of any party; (3) Death of any party; (4) The end of the thirty (30) days as set forth in this agreement; (5) End of the agreement to which Contractor's services were necessary; or (6) Assignment of this agreement by Contractor without consent of the City. 4.03 TERIVIINATION BY ANY PARTY FOR DEFAULT OF AGREEMENT: Should any party default in the performance of this agreement or materially breach any of its provisions, a non -breaching party, at their option, may terminate this agreement, immediately, by giving written notice of termination to the breaching Ply 4.04 TERMINATION: This Agreement shall terminate on 2007 , unless extended as set forth in this section. The City, with the agreement of the Contractor, is authorized to extend the term of this agreement beyond the termination date, in one year terms, as needed, under the same terms and conditions set forth in this agreement. Any such extension shall be in writing and be an amendment to this agreement. 4.04 REMOVAL OF ALTERATIONS: City, by giving written notice to Contractor within thirty (30) days before the expiration or termination of the agreement, may elect to require Contractor, at its sole cost and expense, to remove the alterations specified by City in its notice, and shall make such repairs necessitated by the removal of said alterations, and any damage resulting there from, as may be necessary to restore the subject premises to good condition the last day of the lease term or within thirty (30) days of the City's notice. This stipulation will not affect any improvements agreed to by the Director of Community Services, as described in Section 1.07 of this agreement. 5.0 MISCELLANEOUS 0 Agreement for Sponsorship and Concessions Operations at Atascadero George C. Beatie Skate Park 6 AGREEMENT 29 • • City of Atascadero 5.01 REMEDIES: The remedies set forth in this agreement shall not be exclusive but shall be cumulative with, and in addition to, all remedies now or hereafter allowed by law or equity. 5.02 NO WAIVER: The waiver of any breach by any party of any provision of this agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of this agreement. 5.03 ASSIGNMENT: This agreement is specifically not assignable by Contractor to any person or entity. Any assignment or attempt to assign by Contractor, whether it be voluntary or involuntary, by operation of law or otherwise, is void and is a material breach of this agreement giving rise to a right to terminate as set forth in Section 4.03. 5.04 ATTORNEY FEES: In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this agreement, or the breach thereof, the prevailing party shall be entitled, in addition to other such relief as may be granted, to a reasonable sum as and for attorney fees. 5.05 TIME FOR PERFORMANCE: Except as otherwise expressly provided for in this agreement, should the performance of any required by this agreement to be performed by either party be prevented or delayed by reason by any act of God, strike, lockout, labor trouble, inability to secure materials, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period of time equivalent to the period of delay will be excused; provided, however, that nothing contained in this section shall exclude the prompt payment by either party as required by this agreement or the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act. 5.06 NOTICES: Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this agreement or by law to be served on or given to any party to this agreement shall be in writing and shall be deemed duly served and given when personally delivered or in lieu of such personal service when deposited in the United States mail, first-class postage prepaid to the following address for each respective party: PARTY ADDRESS CITY OF ATASCADERO 6907 El Camino Real Department of Atascadero, CA 93422 Community Services (805) 461-5000 CONTRACTOR Mobley's Boardshop Austin Miller ADDRESS 5853Traffic Wa Atascadero CA 93422 (805) 461-0090 Agreement for Sponsorship and Concessions Operations at Atascadero George C. Beatie Skate Park 7 AGREEMENT 30 City of Atascadero 5.07 GOVERNING LAW: This agreement and all matters relating to this agreement shall be governed by the laws of the State of Califomia in force at the time any need for the interpretation of this agreement or any decision or holding concerning this agreement arises. 5.08 BINDING EFFECT: This agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this section shall be construed as a consent by City to any assignment of this agreement or any interest in this agreement. 5.09 SEVERABILITY: Should any provision of this agreement be held by a court of competent jurisdiction or by a legislative or rule-making act to be either invalid, void or unenforceable, the remaining provisions of this agreement shall remain in full force and effect, unimpaired by the holding, legislation or rule. 5.10 SOLE AND ENTIRE AGREEMENT: This agreement constitutes the sole and entire agreement between the parties with respect to the subject matter hereof. This agreement correctly sets forth the obligations of the parties hereto to each other as of the date of this agreement. All agreements or representations respecting the subject matter of this agreement not expressly set forth or referred to in this agreement are null and void. 5.11 TIME: Time is expressly declared to be of the essence of this agreement. 5.12 DUE AUTHORITY: The parties hereby represent that the individuals executing this agreement are expressly authorized to do so on and in behalf of the parties. 5.13 CONSTRUCTION: The parties agree that each has had an opportunity to have their counsel review this agreement and that any rule to the effect that ambiguities are to be resolved against the drafting shall not apply in the interpretation of this agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provisions to which they relate. 5.14 AMENDMENTS: Amendments to this agreement shall be made only with the mutual written consent of all of the parties to this agreement. Executed on , 2006 at Atascadero, California. Attest: CITY OF ATASCADERO By: Marcia M. Torgerson City Clerk Approved as to form: Wade G. McKinney City Manager Agreement for Sponsorship and Concessions Operations at Atascadero George C. Beatie Skate Park 8 AGREEMENT 31 r� • By: Patrick L. Enright, CONTRACTOR • City Attorney r1 • City of Atascadero Agreement for Sponsorship and Concessions Operations at Atascadero George C. Beatie Skate Park 9 AGREEMENT 32 City of Atascadero mil; _ W.7 PROFESSIONAL SERVICES TO BE PERFORMED BY CONTRACTOR Contractor shall provide sponsorship, facility improvements and concession services to City as follows: The Contractor shall utilize said premises for the following purposes: A. Premises shall be used for the purpose of selling, rentals, skate equipment, safety gear and other mutually agreed upon recreational equipment. B. Furnish and install at his/her own expense, all necessary equipment required for proper service to the general public. C. The storage and service thereof shall be in an area approved by the Director Community Services (or designee). D. Furnish, improve an observation and lounge area and maintain proper facilities, the concession as herein provided. E. Operate the facility in a business -like manner to the satisfaction of the Department of Community Services, and maintain said areas in conformance with the highest standards of health and safety for patrons of said operation. F. All items to be sold shall be approved by the Department of Community Services. The City of Atascadero precludes the sale of food or beverages. G. Contractor will supply the skate park with helmets and pads to loan to participants. H. Contractor will supply City skate park employees with work uniforms. I. Contractor will provide City skate park employees with discount pricing on items in the concessions store and the retail store. J. Contractor will design and supply and install all furniture and fixtures for spectator area and the skate area. K. Contractor will supply WiFi intemet service and Dish TV services and a flat screen TV for spectator area. L. Contractor will instal I a sound system. M. Contractor will improve the outdoor lighting. 0 Agreement for Sponsorship and Concessions Operations at Atascadero George C. Beatie Skate Park 10 AGREEMENT 33 City of Atascadero EXHIBIT B 0 CONTRACTOR PAYMENT SCHEDULE �1 • Contractor will pay the City Annually: YEAR PERCENTAGE OF GROSS RECEIPTS 2006 5% 2007 Sponsorship fees as negotiated and payment upon mutual agreement of the parties for special events, contests, camps and other sponsored activities. Agreement for Sponsorship and Concessions Operations at Atascadero George C. Beatie Skate Park 11 AGREEMENT 34 Exhibit C INSURANCE REQUIREMENTS: Consultant Services The Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, or subconsultants. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Errors and Omissions Liability insurance as appropriate to the consultant's profession. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 4. Errors and Omissions Liability: $1,000,000 per occurrence. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 0 Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers. 2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. 35 City of Atascadero iris j' t a 1979 Department Of Community Services Proposal Form Pursuant to the Notice to Proposers to establish and operate a sponsorship and concessions operations at the Atascadero George C. Beatie Skate Park. NAME OF PROPOSER: &4n f I I BUSINESS ADDRESS:-- CITY/STATE/ZIP: k�1 ;Iyo q 3�i 22 RESIDENCE ADDRESS: J(&) Pzem and a CITY/STATE/ZIP: �o TELEPHONE: (Business): sn- q i-PcilO (Residence): - _ 045, E-MAIL ADDRESS: SOCIAL SECURITY NO.: 56-1-63- / `-is DRIVERS LICENSE NO.: In the event a service agreement is awarded, proposer agrees to execute the service agreement in a timely manner, perform said services depicted in the service agreement, and pay to the City of Atascadero by the I Oth day of each month: -T-Y% Ck Percent of the gross receipts for concession sales _ o,.a �� The Notice to Proposers, questionnaire, and the service agreement example are all made a part of this proposal by reference, and this proposal is made subject to all the provisions thereof, whether or not expressly set forth herein: IMPORTANT NOTICE: If the proposal is a corporation, the authorized corporate officers must sign this proposal form and the corporate seal must be affixed. .,If the proposer is a partnership, a general partner must sign. If the proposer is an individual, sign by using the first, middle, and last name in full Execut this f �` day of 3�«n ��4 , 2006. r$ Title: a PAA By: 6907 EL CAMINO • ATASCADERO, CALIFORNIA 93422 Recreation Services: (80:5) +C,1-.w)o, Fax: 1-1612 • Pavilion on the Lake: (SO5) 4.61-5 )5, Fax: (805) 461-5026 0 ZW: (805) 9161-5080 36 • • • Atascadero City Council ITEM NUMBER: A-4 DATE: 02/14/06 Staff Report - Community Development Department Final Map 2005-0124 (Tract 2748) 7925 Santa Ysabel Avenue (TTM 2005-0070) (Fetyko) RECOMMENDATIONS: Council: 1. Accept Final Parcel Map 2005-0124 (Tract 2748); and, 2. Reject the offer of dedication for Public Access Easement and Public Utility Easement without prejudice to future acceptance. DISCUSSION: On September 20, 2005, Planning Commission approved Tentative Tract Map 2005- 0070 to establish four (4) residential condominium units on an existing legal lot of record based on findings and subject to Conditions of Approval. Pursuant to California Government Code Section 66440 the approving legislative body (City Council) cannot deny a final map that is consistent with an approved tentative map. The legislative body is also required to accept, accept subject to improvement, or reject on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication. Staff recommends rejecting the offer of dedication for pedestrian access and public utilities easements without prejudice to future acceptance. Staff has determined that the Final Tract Map is consistent with approved Tentative Tract Map. FISCAL IMPACT: ATTACHMENTS: None Exhibit A: Final Map 2005-0124 (Tract 2748) ITEM NUMBER: A-4 DATE: 02/14/06 Exhibit A Final Map 2005-0124 (Tract 2748) 7925 Santa Ysabel Avenue Fetyko 39 • L-1 • C7 • ITEM NUMBER: B-1 DATE: 02/14/06 Atascadero City Council Staff Report - Community Development Department EI Camino Court Mixed -Use: Two Multi -Family Residential Buildings and Two Mixed -Use Building Designed with Commercial Use on the Lower Floor and Residential Use on the Upper Floors GPA 2005-0015/ZCH 2005-0104/ZCH 2005-0105 CUP 2005-0170/TTM 2005-0076 .(JRW Group, Inc.) RECOMMENDATIONS: Planning Commission Recommends: Council: 1. Adopt Draft Resolution A certifying Proposed Mitigated Negative Declaration 2005-0063; and, 2. Adopt Draft Resolution B approving General Plan Amendment 2005- 0015 based on findings; and, 3. Introduce for first reading, by title only, Draft Ordinance A approving Zone Text Change 2005-0104 establishing a PD -27 overlay district based on findings; and, 4. Introduce for first reading, by title only, Draft Ordinance B approving Zone Change 2005-0105 based on findings; and, 5. Adopt Draft Resolution C approving Conditional Use Permit 2005-0170 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 6. Adopt Draft Resolution D approving Vesting Tentative Tract Map 2005- 0076 ,based on findings and subject to Conditions of Approval and Mitigation Monitoring. M ITEM NUMBER: B-1 DATE: 02/14/06 REPORT -IN -BRIEF: The proposed project consists of an application for a General Plan Amendment, Zone Change, Conditional Use Permit for a commercial/residential mixed-use development, and'a Tentative Tract Map for a condominium map located on a 1.71 - acre parcel within the Commercial Retail (CR) Zoning District along El Camino Real Proposed buildings consist of two multi -family residential buildings and two mixed-use buildings designed with commercial use on the lower floor and residential use on the upper floors. A maximum of 40 dwelling units and 6,498 square feet of commercial retail space and 2,166 square feet of office/indoor recreational space are proposed. Three native trees are proposed for removal. Situation and Facts: 1. Applicant/ Representative: JRW Group, Inc. 1900 Spring Street, Paso Robles, CA 93446 2. Owner: Arthur and Mary Jazwiecki P. O. Box 547, Atascadero, CA 93423 3. Project Address: 4705, 4711, 4713 EI Camino Real Atascadero, CA 93422 (APN: 029-271-001) 4. General Plan Designation: GC (General Commercial) 5. Zoning District: CR (Commercial Retail) 6. Redevelopment Area: Yes 7. Site Area: 8. Existing Use: 9. Environmental Status 41 1.71 acres Vacant Proposed Mitigated Negative Declaration 2005-0063 • • • • ITEM NUMBER: B-1 DATE: 02/14/06 DISCUSSION: Proiect Definition The proposed project consists of a request to establish a horizontal mixed-use Planned Development on a 1.71 -acre site with a corresponding Vesting Tentative Tract Map. The development includes 40 attached multi -family residential units (as summarized below), common recreational amenities, and 6,498 square feet of commercial retail space and 2,166 square feet of office/indoor recreational space. A 0.76 -acre portion of the site along EI Camino Real will retain the General Commercial (GC) General Plan Land Use Designation and the Commercial Retail (CR) Zoning District. The remaining 0.95 acres will require a General Plan Amendment to High Density Residential (HDR), a zone change to Residential Multi -Family (16 units/acre) (RMF -16) with a Planned Development Overlay Zone (PD -27), and a Vesting Tentative Condominium Subdivision Map. Unit Bedrooms Dwelling Units One-Bdr 8 Two Bdr 12 Three Bdr 20 Total 40 Background On January 17, 2006, the Planning Commission recommended project approval on a 5- 0 vote. The Commission supported the proposed use and appearance of the project. Although there was some discussion of non -tax producing uses such as office use on the ground floor of the mixed-use portion of the project, the Commission agreed to forward the project to the City Council on a unanimous vote. 42 ITEM NUMBER: B-1 DATE: 02/14/06 Surrounding Land Use and Setting: North: Commercial Retail East. Residential Single Family South: Commercial Retail West.. Commercial Retail The project site is within the General Commercial General Plan Land Use Designation and is zoned Commercial Retail, which allows the establishment of a Planned Development Overlay Zone for mixed-use development. The properties along EI Camino Real are developed with commercial retail and office uses. Properties along Hermosilla Avenue to the east are developed as single-family residential. ANALYSIS: Prosect Density / Inclusionary Workforce Housing The proposed General Plan land use allows 16 units per acre. The City's General Plan allows a 15% density bonus for projects that incorporate superior architectural and site plan appearance amenity. The applicant has worked closely with staff to qualify for this bonus. In addition, the General Plan and City Council's Inclusionary Policy identifies a 35% density bonus if the State requirements for affordable units are met. In order to qualify for the density bonus, the State requires that either 10% of the pre -density bonus project units be deed restricted as very low-income units, or 20% of the pre -density bonus units be deed restricted as low-income units. The Commission is recommending that the low or very -low income units within the redevelopment area be deed restricted for 45 years. The applicant is requesting four, superior appearance density bonus units and nine, affordable state density bonus units for a total of 40 multi -family units on the project site. In exchange for the density bonus, the applicant is proposing six low income units for 45 years (CUP Condition 13, TTM Condition 13). 43 • • • Inclusionary Housing State Bonus Dwelling Units Proposed Base Density 16 DU/Acre Base Density Units 27.00 units 15% Appearance Bonus Affordable Distribution 35% State DensityBonus 10% VeryLow or 3.00 units or 20% Low 6.00 units ITEM NUMBER: B-1 DATE: 02/14/06 Density Calculation for 1.71 Acre Project Site Dwelling Units Allowed Dwelling Units Proposed Base Density 16 DU/Acre 27.36 27 15% Appearance Bonus 4 35% State DensityBonus L41.04E 9 Total Allowable Units 40 According to the San Luis Obispo County Department of Planning & Building, a three- bedroom low level affordable unit only qualifies if the sales price does not exceed $181,288 with a deed restriction commitment, and a two-bedroom low unit only qualifies if the sales price does not exceed $151,096 with a deed restriction, and a one -bedroom moderate unit only qualifies if the sales price does not exceed $134,232 with a deed restriction. These numbers are subject to change. City Council Mixed -Use Policy In June 2004, the City Council established the following policies for mixed-use projects: 1. Implement the Taussig Study on residential portion; The project is consistent with the policy requirement to comply with the Taussig is Study (Condition CUP 20/TTM 8). Refer to fiscal impact analysis section for expanded discussion. 2. Require commercial to be constructed before or simultaneously with the residential portion. Commercial permit(s) must be obtained first and the first permit to be finaled in the project shall be the commercial permit(s). The project is consistent with this requirement (Condition CUP 22). 3. Require at least 50% of the project to be commercial. The commercial component cannot include mini -storage or other non sales tax producing uses, including office. The project is not entirely consistent with this requirement. Approximately 44% of the site is devoted to mixed use development with the remaining 56% comprised of residential land use. This is due to the slope of the property is not feasible for deeper commercial development and there are native oak trees on site which limit how much construction can occur and where that construction may take place. In, addition, the applicant is proposing a state density bonus that provides additional deed -restricted affordable housing. Due to the fact that the policy is not an ordinance, the project could be approved as proposed. 0 ITEM NUMBER: B - 1 DATE: 02/14/06 Mini -storage is not a permitted use under the proposed PD -27, however office uses are. Of the 8,664 square feet of commercial use, 2,166 square feet of office/indoor recreational space in support of the proposed residential project is proposed. The Planning Commission recommends that the Council retain office and/or indoor recreational space (or other similar uses) as allowed uses under PD -27. Appearance Review According to the applicant, the project has been designed to meet the standards of the Atascadero Municipal Code and the Appearance Review Manual. The Planning Commission recommends that the City Council find the project as providing high quality architectural, landscape, and site design that warrants the granting of special development standards. Four new buildings are proposed on site. Each building consists of two wings separated by a breezeway and is three stories in height. Building A consists of 2,166 square feet of shared community facilities including the manager's office and recreation room and 2,166 square feet of retail space all on the first floor. On the second and third floors, 4,332 square feet of residential space is proposed. Building B consists of 4,332 square feet of retail space on the ground floor and 4,332 square feet of residential space on the second and third floors. Buildings C and D and include 25,700 square feet of residential space. Site Plan As proposed, the project includes street frontage improvements along El Camino Real. One -access point is proposed from El Camino Real All common trash and recycle enclosures will be located in the central parking area. Trash enclosures will be screened from public view and shall be designed to be consistent with the proposed building architecture (CUP Condition 7). Elevated commercial entrances and patios are proposed to enhance pedestrian scale and orientation of the buildings. 45 • • ITEM NUMBER: B-1 DATE: 02/14/06 Landscape Design The preliminary landscape plan has been designed to retain the two mature native oak trees within an open space area at the center of the site. The site includes landscaping designed to enhance the appearance of the site from EI Camino Real and throughout the residential common areas. Street trees have been incorporated into the proposed landscape plan and additional shade trees are proposed in the parking and common area landscaping. Proposed landscape plant material has been conditioned to include the use of native and drought -resistant trees, shrubs and groundcovers (CUP Condition 10). Pedestrian pathways and sidewalks connect the residential units, common open space areas, and commercial uses. In staff's opinion, the proposed landscape plan and palette, as conditioned, meets the Planned Development appearance review requirements. A condition has been included to increase the tree planting and provided masonry privacy walls in areas adjacent to single-family residential along the northern portion of the project site (CUP Condition 10 and 11). An additional finding has been included to acknowledge that the applicant is requesting, through the state density bonus ITEM NUMBER: B-1 DATE: 02/14/06 concession requirement, that the project does not include the standard Council -required landscape buffering area. Typically an expanded buffer area is required adjacent to single-family residential zoned properties which occurs on the north side of the project site. The proposed landscape also includes the code -required lot coverage standard of 300 square feet per unit (12,000 square feet total) within the central and perimeter landscaped areas. In addition, the project meets the 25% landscape area requirement within the landscaped and decorative pavement areas (CUP Condition 10). Architecture, Materials, and Color The applicant has worked closely with staff regarding the architecture, materials and colors proposed for the project. The project has been designed in a Contemporary Mediterranean style that incorporates mission tile roofing, exposed arched porticos and windows, decorative iron elements, and window awnings. In addition, the proposed color scheme for the development includes a variety of compatible earth tone schemes. Minor conditions of approval have been included regarding the exterior material finish (CUP Condition 7). Mixed -Use Buildings The two buildings along EI Camino Real are designed as vertical mixed-use buildings with 6,498 square feet of commercial retail space and 2,166 square feet of office/indoor recreational space on the ground floors, and 16 residential living units on the second and third floors. The mixed-use buildings include features such as stylized awnings, recessed stucco elements, larger store front windows, and decorative storefront materials on the ground floor. A central breezeway provides access to the upper residential floors. The upper floor residential units include balconies and balconettes. 47 • • 0 ITEM NUMBER: B-1 DATE: 02/14/06 Residential Buildings The two buildings flanking the central open space area are designed entirely for residential use on all three floors. The buildings include accent shutters on select second floor windows and covered entry porches in addition to materials and colors consistent with the architectural theme applied throughout the project. Each living unit includes a private patio and yard area. The applicant has included a color and material board illustrating color and material schemes. Refer to Attachment 8, Exhibit K for details. Native Tree Mitigation/Preservation The applicant has submitted an arborist report and has identified the removal of three native oak trees, two of which are in excess of 24" dbh. A condition of approval has been included requiring the applicant pay mitigation fees into the Tree Replacement fund or provide equivalent re -plantings on site, as required by the Atascadero Native Tree Ordinance and as shown in the following chart (Condition CUP 16 and 20). Evergreen Native Trees (inches) ITEM NUMBER: DATE: Deciduous Native Trees (inches) dbh notes 1 18 -inches 2 28 -inches 3 28 -inches 4 5 6 Total 74 -inches B-1 02/14/06 Totals 74 -inches Mitigation Requirement req'd tree replacements: 0 five gal trees req'd tree replacements: 49 five gal trees 49 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 box trees (24") 0 box trees (24") 0 box trees (24") Remaining Mitigation 0 five gal trees Remaining Mitigation 49 five gal trees49 five gal trees Tree Fund Payment: $ Tree Fund Payment: $ 2,466.67 $ 2,466.67 Any additional tree removals will be subject to Planning Commission approval In addition, there are native oak trees to be retained on site that are subject to tree protection through adoption of Mitigation Measures 4.e.1 through 4.e.4. Parkinq Parking requirements of the Atascadero Municipal Code are identified in the following table: Use dbh notes 1 0 -inches 2 0 -inches 3 72 4 68 5 30 6 30 Total 0 -inches ITEM NUMBER: DATE: Deciduous Native Trees (inches) dbh notes 1 18 -inches 2 28 -inches 3 28 -inches 4 5 6 Total 74 -inches B-1 02/14/06 Totals 74 -inches Mitigation Requirement req'd tree replacements: 0 five gal trees req'd tree replacements: 49 five gal trees 49 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 box trees (24") 0 box trees (24") 0 box trees (24") Remaining Mitigation 0 five gal trees Remaining Mitigation 49 five gal trees49 five gal trees Tree Fund Payment: $ Tree Fund Payment: $ 2,466.67 $ 2,466.67 Any additional tree removals will be subject to Planning Commission approval In addition, there are native oak trees to be retained on site that are subject to tree protection through adoption of Mitigation Measures 4.e.1 through 4.e.4. Parkinq Parking requirements of the Atascadero Municipal Code are identified in the following table: Use Code Required State Density Bonus Code Reduction (75% Reduction) Proposed Residential 94 72 24 68 Commercial 30 shared 30 shared Total 124 72 1 54 68 Through the state density bonus program, maximum parking standards are mandated by the State of California for affordable residential projects. This code allows a preemption for city code required parking. Under the State Density Bonus parking allowance, 72 parking spaces are required for the on-site residential use. The applicant is proposing a parking plan (Refer to Attachment 4) in which the commercial uses share parking in specifically designated on-site spaces based on differing peak hour usage. Typically, residential peak hour use is in the evening with commercial peak hour use during the day. In addition, the commercial uses are limited to uses that would not significantly impact the available shared parking. The Planning Commission has the authority to recommend further reduced parking requirements based on shared peak hour usage to a maximum of 75% of the most intensive use. The reduction would bring • • ._l ITEM NUMBER: B-1 DATE: 02/14/06 the parking requirement to 54 spaces for the project. The Planning Commission recommends that the project, as proposed with 68 spaces, be approved utilizing the shared peak hour parking reduction allowance. Circulation A Traffic Impact Study was produced for this project which indicates project -specific traffic impacts are insignificant. However, the City Engineer has worked with the applicant regarding project -specific cumulative impacts to San Anselmo between EI Camino Real and U.S. Highway 101 where inadequate levels of traffic service are experienced. A mitigation measure has been included to widen west bound San Anselmo, between the US 101 north bound on-ramp and the K -Mart driveway, to provide a landscaped median, two west bound lanes and a bike lane. This improvement will provide a dedicated lane for traffic entering the US 101 north bound on ramp, which will improve the operation of the US 101 north bound off ramp and east and west bound San Anselmo. This project is required to pay Development Impact Fee per the Circulation System of Atascadero. The design and construction of these improvements are eligible for credit to the fees. Administration of designing, approval and construction of these improvements are not eligible for credit to the fees (Refer to Mitigation Measure 15.a). Frontage Improvements Thejroect shall improve the EI Camino Real frontage to City standards including curb, p p gutter, and sidewalks. Site Drainage The project is designed to allow all existing upstream flows to pass through the site. The applicant has indicated that the increase in on-site flow due to the construction of impervious surfaces will be detained with underground storage facilities. Although these facilities have not been identified on the grading plans, they will be required and designed to detain the difference in flow between the theoretical, post -construction, 50 - year storm event and the pre -construction, 2 -year storm event while releasing it at the pre -construction 2 -year storm rate in accordance with the City Engineering Standards. The applicant will be required to provide calculations demonstrating there will be no increase in the rate of storm flow from the site and the storm water facilities will be required to filter silts and pollution out of the storm water prior to leaving the site (CUP Condition 25). • 50 ITEM NUMBER: B-1 DATE: 02/14/06 Wastewater Sanitary sewer will be connected to existing sewer facilities in EI Camino Real. The Wastewater Treat Plant and the City collection system have sufficient capacity to handle the new flow. FISCAL IMPACT: In 2003, the City of Atascadero hired David Taussig and Associates to prepare a fiscal model to satisfy the General Plan requirement for both the Woodlands (Las Lomas) and Dove Creek projects. The model was developed with comprehensive input for the Administrative Services, Public Works, Police, and Fire Departments to capture the actual cost of providing maintenance and emergency services to new developments. The model analyzed the costs associated with road maintenance, storm drainage maintenance, landscape maintenance, lighting maintenance, open space maintenance, recreational facility maintenance, police emergency services, fire emergency services, and community park maintenance. The model results demonstrated that 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 Woodlands project and Dove Creek, 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. The creation of these assessment districts mitigates any negative fiscal impacts of a project consistent with General Plan Policy 15.3.8. The EI Camino Court project is somewhat different than the Woodlands Project regarding the maintenance of on-site roads and common areas. While the Woodlands Project resulted in the creation of both road and landscape maintenance districts, EI Camino Court proposes to create a homeowners association (HOA) to fund the maintenance of all on-site facilities. The creation of an HOA has the same effect as the maintenance districts to mitigate maintenance costs. The HOA will not fund emergency service costs related to the project, therefore, the project will be required to participate in the community facilities district (CFD). The CFD results in an annual property tax levy of $440 per unit to fund additional police and fire personnel beyond the City's current staffing levels. The City has established a CFD, road maintenance and landscape and lighting district that the proposed project will be annexed into prior to recordation of the Final Map. 51 • ITEM NUMBER: B-1 DATE: 02/14/06 The following conditions of approval are recommended for the Master Plan of 1101 Development and Tentative Tract Map to mitigate the fiscal impacts of the project on the City of Atascadero. Condition CUP 17/TTM 8 The emergency services and facility maintenance costs listed below 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 required by the City with regard to the establishment of the district and assessment of the property. a) All Atascadero Police Department service costs to the project. b) All Atascadero Fire Department service costs to the project. c) Off-site common City of Atascadero park facilities maintenance service costs related to the project. Condition CUP 18/TTM9 ■ All tract maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. a) All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. b) All parks, trails, recreational facilities and like facilities. c) All open space and native tree preservation areas. d) All drainage facilities and detention basins. e) All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. f) All frontage landscaping and sidewalks along arterial streets. • 52 ITEM NUMBER: B-1 DATE: 02/14/06 Proposed Planned Development Overlay The proposed project requires the establishment of a PD -27 Overlay District for the project site. The proposed text will allow the development and uses, as conditioned, on the subject site. Based on the General Plan requirements and proposed project description, staff has prepared the following standards for a PD -27. Adoption of the Planned Development Overlay Zone text is required for the project to proceed. The Commission could make recommendations to the Council to modify the proposed PD - 27 text. 9-3.671 Establishment of Planned Development Overlay Zone No. 27: (PD 27). Planned Development Overlay Zone No. 27 is established as shown on the Official Zoning Maps (Section 9-1.102). A Planned Development Overlay Zone No. 27 is established on parcels APN 029-271-001 with a combined gross acreage of 1.71 -acres. The maximum residential density within the planned development shall not exceed 40 residential units along with 8,664 square feet of commercial space. The development standards contained within the Master Plan of Development Document (CUP 2005-0170), as conditioned shall be applied to all future development within the project area, and as follows: a) All site development shall require the approval of a Master Plan of Development. All construction and development shall conform to the approved Master Plan of Development, as conditioned. b) The Vesting Tentative Tract Map TTM 2005-0076 and any subsequent amendments for the site shall be consistent with CUP 2005-0170. All construction and development shall conform to the approved Master Plan of Development, as conditioned. is c) No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved Master Plan of Development. d) The commercial area, residential dwelling units, landscaping, walls and fencing shall be subject to review under the City's Appearance Review requirements consistent with the approved Master Plan of Development. Building setbacks, lot sizes, landscape area, and lot coverage shall be as identified within the approved Master Plan of Development: e) All landscaping shown on the approved landscape plan will be installed by the developer and shall be maintained as approved. f) All utilities, including electric, telephone and cable, along the frontage of, and within the PD and along the project frontages shall be installed and/or relocated underground. g) The property will retain the Commercial Retail zoning district designation. The following allowable uses are proposed for this district within the PD -27 overlay zone: 1. Residential Multi -Family (second floor only) 2. Broadcast studios; 3. Building materials and hardware (indoor only) 4. Food and beverage retail sales; 5. Furniture, home furnishings and equipment; 6. General merchandise stores; 7. Mail order and vending; 53 ITEM NUMBER: B-1 DATE: 02/14/06 8. Temporary or seasonal sales 9. Financial services; 10. Health care services; 11. Offices; 12. Small scale manufacturing; 13. Temporary offices 14. Personal services; 15. Light repair services; 16. Membership organizations; 17. Horticultural specialties 18. Schools --business and vocational areas of use are located within a building; 19. Business support services, where all 20. Farm equipment and supplies (indoor only); 21. Funeral services; 22. Schools 23. Utility service center; 24. Libraries and museums; 25. Temporary events h) The conditional uses will be consistent with those listed for the underlying Commercial Retail zone. i) All residential and commercial uses shall be consistent with the requirements of the underlying zoning district except as allowed by the Master Plan of Development. j) All trees shown to be protected on the approved Master Plan of Development shall be maintained. Any future tree removal shall require approval per the requirements set forth in the Atascadero native Tree Ordinance. If the above text is established, the project, as conditioned, would be consistent with those standards. Based on the above language, the PD -27 Zoning District incorporates, by reference, the Master Plan of Development and Vesting Tentative Tract Map which documents the proposed architectural styles, site configuration, lot coverage, setbacks, landscaping, tree preservation, and project amenities for the project. r� 54 ITEM NUMBER: B-1 DATE: 02/14/06 Project Benefits is 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 Planning Commission must find the project offers all of the tier one benefits to qualify for a planned development project. The applicant is requesting that the buffering requirement be reduced as a City concession required by the State's Density Bonus Law. 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 c) Historic Preservation d) Buffering between Urban and Suburban zones (large lot sizes, increased setbacks, landscape buffers, etc.) e) Higher density to meet Housing Element goals Tentative Tract Map A Vesting Tentative Tract Map (TTM 2005-0076) is proposed as part of the project consistent with the proposed Master Plan of Development and PD -27 Zone Change. Also included is a condominium map to allow individual ownership of the units, mixed- use residential units, and commercial tenant spaces. The Tract Map has been conditioned to meet all City standards including on- and off-site street improvements. The applicant will be required to record CC&R's with the map that will include maintenance and access of common areas (Condition CUP 19/TTM 12). 55 • Is ITEM NUMBER: B-1 DATE: 02/14/06 General Plan Consistency Thero osed project is consistent with the following General Plan Land Use and p p Housing Element Policies: 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" Land Use Policy 3.1: "Encourage retail businesses at efficient and attractive nodes along El Camino Real and Morro Road with mixed office and residential uses between those nodes." Housing Element Policy 1.1: "Encourage steady production of new housing, including mixed-use projects in commercial land use areas, to meet the needs of all household types in the City." Housing Element Policy 2.1: "Promote development and construction of new housing units for ownership, especially by low and moderate income families" Housing Element Policy 4.3: "Encourage attractive architecture and site landscaping that respect terrain and native trees". The Planning Commission recommends that the proposed mixed-use project is consistent with the goals and policies of the Land Use Element and the Housing Element. The project will provide 40 residential units integrated into a commercial/office development along EI Camino Real that includes affordable units under the state density bonus program. As conditioned, the project incorporates elements that are consistent with the scale and character of the surrounding residential neighborhood and commercial corridor along EI Camino Real, and includes cost recovery for City services. • 56 ITEM NUMBER: B-1 DATE: 02/14/06 Findings General Plan Amendment As specified in the City's General Plan and Zoning Ordinance, the following findings for the proposed Zone Text Change, Zone Map Change, Conditional Use Permit (Master Plan of Development), and native tree removal must be made in order to approve the proposed project. Establishment of PD -27 Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 1. 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. 2. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. Planned Development Overlay As specified in the City's General Plan and Zoning Ordinance, the following specific findings for the proposed Zone Change shall be made in order to approve the proposed project: 1. The proposed zone change is in conformance with the adopted General Plan Goals, Policies, and Programs and the. overall intent of the General Plan. 2. The proposed zone change is compatible with existing development, neighborhoods and the environment. 3. The proposed zone change will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts. 4. The proposed zone change is consistent with the project -specific Mitigated Negative Declaration. Conditional Use Permit (Master Plan of Development) A Master Plan of Development is required for the Planned Development in the form of a Conditional Use Permit. The proposed Master Plan of Development sets development standards related to architectural design, site design, landscape, signage, and specific development standards required by the zoning ordinance. The Planning Commission recommends that the following five findings be made for 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 57 • • • ITEM NUMBER: B-1 DATE: 02/14/06 Staff Comment: The use is consistent with the General Commercial designation of the General Plan and General Plan Land Use Element Policy 1.1, 1.1.7, 2.1, 3.1, and Housing Element Policy 1.1, 2.1, and 4.3. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the Planned Development Ordinance. Staff Comment: As conditioned, the project satisfies all Conditional Use Permit and Planned Development zoning code provisions for a mixed-use development. 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 mixed-use development will not be detrimental to the general public or working person's health, safety, or welfare. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: The project has been designed to develop underutilized property and enhance the appearance along EI Camino Real with compatible architecture and project landscaping. The proposed development is consistent with the City's "Smart Growth Principles", identified as orderly and efficient infill development concentrated along the EI Camino Real corridor. The project site is within the City's General Commercial Land Use designation, which allows horizontal mixed-use developments with the approval of a Master Plan of Development and a Planned Development Overlay zone. 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Staff Comment: The proposed project and use is consistent with the traffic projections and road improvements as conditioned and anticipated within the General Plan and as proposed by the applicant. 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. ITEM NUMBER: B-1 DATE: 02/14/06 Staff Comment: The project has been designed to provide a variety of housing opportunities, focused on affordable housing along the EI Camino Real corridor and within close proximity of downtown. 7. Benefits derived from the Master Plan of Development and PD -27 overlay zone cannot be reasonably achieved through existing development standards or processing requirements. Staff Comment: The proposed project and use is generally consistent with the City Council's policies for mixed-use projects in mid -block locations along the EI Camino Real commercial corridor with existing infrastructure and transit routes available. Planned Development flexibility allows the project to provide both 45 -year deed restricted and market rate affordable housing units. 8. That the project does not include the standard Council -required landscape buffering adjacent to single-family residential zoned properties which occurs on the north side of the project site. Staff Comment: Although the proposed project provides some landscape screening and large planter areas, there are areas that do not contain additional landscape setbacks. Staff notes that the change in grade between the project site and adjacent single family properties aides in the separation and buffering of the proposed project. 9. Parking Standard Modification: The characteristics of a use or its immediate vicinity do not -necessitate the number of parking spaces, type of design, or improvements required by the parking code and that reduced parking will be adequate to accommodate on the site all parking needs generated by the use. Staff Comment: The proposed project and use is consistent with the anticipated shared on-site parking requirements and designated on-site parking spaces, as conditioned and anticipated within the General Plan and as proposed by the applicant. Tree Removals 1. The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: • Early consultation with the City; ■ Consideration of practical design alternatives; ■ Provision of cost comparisons (from applicant) for practical design alternatives; ■ If saving tree eliminates all reasonable uses of the property; or 59 ITEM NUMBER: B - 1 DATE: 02/14/06 ■ If saving the tree requires the removal of more desirable trees. Proposed Environmental Determination A Draft Mitigated Negative Declaration was circulated to public agencies and interested members of the public on December 8, 2005. The environmental analysis identified concerns regarding potential impacts to aesthetics, land use and planning, noise, biological resources, 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. The Planning Commission recommends that the City Council certify Proposed Mitigated Negative Declaration 2005-0063. Conclusion The Planning Commission recommends that developing the property with a horizontal mixed-use scheme under a Planned Development Overlay Zone designation is consistent with the General Plan and compatible with the surrounding land uses. The project incorporates appearance review of architectural design, materials, street trees, and landscaping, and incorporates architectural themes into the site and building design, as conditioned. Native trees have been preserved where feasible and required conditions and mitigation measures have been appropriately incorporated into the project. As analyzed within the project Initial Study and Draft Mitigated Negative Declaration, the proposed Master Plan of Development would have no significant environmental impacts and will not be detrimental to the general public or working person's 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. ALTERNATIVES The Council may modify the project and/or conditions of approval for the project. 2. The Council may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Council should clearly state the type of information that is required and move to continue the item to a future date. 3. The Council may deny the project. The parcel would retain its designation of Commercial Retail. The Council should specify the reasons for denial of the project and make an associated finding with such action. .E ATTACHMENTS: Attachment 1: Attachment 2: Attachment 3: Attachment 4: Attachment 5: Attachment 6: Attachment 7: Attachment 8: Attachment 9: Attachment 10 61 ITEM NUMBER: B-1 DATE: 02/14/06 Location, General Plan, and Zoning Map Site Aerial Proposed Mitigated Negative Declaration and Initial Study Applicant's Shared Parking Statement Draft Resolution A Draft Resolution B Draft Ordinance A Draft Ordinance B Draft Resolution C Draft Resolution D • • 9 C7 C-1 ITEM NUMBER: B-1 DATE: 02/14/06 Attachment 1: Location Map, General Plan and Zoning M ITEM NUMBER: B-1 DATE: 02/14/06 Attachment 3: Proposed Mitigated Negative Declaration and Initial Study See Following • M 00 milk In C I loin CITY O ATASCADERO mow/ i RECEIVED DEC 0 "s 2005 JULIE L. RODEWR,LD Count' Clerk COMMUNITY DEVELOPME N1' NOTICE OF INTENT TO ADOPT MITIGATED NEGATI__..- DECLARATION AND PLANNING COMMISSION PUBLIC HEARING Applicant: JRw Group, Inc. 1900 Spring Street, Paso Robles, CA. 93446, Phone: 226-9306 Owner: Arthur Jazwiecki, P O Box 547, Atascadero, CA 93423 Project Title: El Camino Court - General Plan Amendment 2005-0015 / Zone Change 2005-0104 /Zone Change Hearing 2005-0105/ Conditional Use Permit 2005-0170/ TTM 2005-0076 Project 4705, 4711, 4713 El Camino Real Atascadero, CA 93422 Location: APN: 029-271-001 Project The proposed project consists of an application for a General Plan Amendment, Zone Change, and Description: Conditional Use Permit for acommercial/residential mixed-use development located on a 1.71 -acre parcel within the Commercial Retail (CR) zoning district. A 0.62 -acre portion of the site along El Camino Real will retain the CR zoning. The remaining 1.08 acres will require a General Plan Amendment to High Density Residential (HDR), a zone change to Residential Multi -Family (16 to units/acre) with a Planned Development Overlay Zone, and a vesting tentative condominium subdivision map. The site is accessed along El Camino Real. Proposed buildings consist of two multi -family residential buildings and two mixed-use buildings designed for commercial use on the lower floor and residential use on the upper floor. A maximum of 40 dwelling units and 8,000 square feet of commercial space are proposed. Three native trees are proposed for removal. General Plan Designation: General Commercial (GC) Zoning District: Commercial Retail (CR) NOTICE IS HEREBY GIVEN that the Atascadero Planning (Commission will ee nolamg a public hearing to consider the following project and environmental determination. The public is encoura,aed to attend. Environmental Begins: December 8, 2005 Review Dates: Ends: December 27, 2005 Hearing Date: January 3, 2006, January 24, 2006 Hearing City Hall, Council Chambers, 6907 El Camino Deal, Atascadero, CA 93422 Location: 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 12/8/05 through 12/27/05 at 6907 El Camino Real, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Any interested person may review the proposed Mitigated /vegattve uectararion ana pro7ecilues. vueyiiurta auµ�u be dirWcted to Stere McHarris, Deputy Community Development Director at 461-5000. Deputy Community Development Director Date 12/07/05 GPA 2005-0015.MND.sm 65 • • • • C7 CITY OF ATASCADERO PROPOSED MITIGATED NEGATIVE DECLARATION #2005-0063 6907 El Camino Real, Atascadero, CA 93422 805-461-5000 Applicant: JRW Group, Inc. 1900 Spring Street, Paso Robles, CA 93446, Phone: 226-9306 Owner. Arthur Jazwiecici, P O Box 547, Atascadero, CA 93423 • Project Title• El Camino Court - General Plan Amendment 2005-0015 / Zone Change 2005-0104 / Zone Change 2005-0105/ Conditional Use Permit 2005-0170/ TTM 2005-0076 Project 4705, 4711, 4713 El Camino Real Atascadero, CA 93422 Location: APN: 029-271-001 Project The proposed project consists of an application for a General Plan Amendment, Zone Change, and Use Permit for a commercial/residential mixed-use development located on a 1.71 -acre • Description: Conditional parcel within the Commercial Retail (CR) zoning district. A 0.62 -acre portion of the site along El Camino Real will retain the CR zoning. The remaining 1.08 acres will require a General Plan a zone change to Residential Multi -Family (16 Amendment to High Density Residential (HDR), units/acre) (RMF -16) with a Planned Development Overlay Zone, and a vesting tentative condominium subdivision map. The site is accessed along El Camino Real. Proposed buildings buildings designed for commercial consist of two multi -family residential buildings and two mixed-use use on the lower floor and residential use on the upper floor. A maximum of 40 dwelling units and 8,000 square feet of commercial space are proposed. Three native trees are proposed for removal. General Plan Designation: General Commercial (GC) Zoning District: Commercial Retail (CR) Findings: 1. The project does not have the potential to degrade the environment. 2. The project will not achieve short-term to the disadvantage of long-term environmental goals. 3. The project does not have impacts which are individually limited, but cumulatively considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. Determination: Based on the above findings; and the information contained in the initial study 2004-0024 (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: Steve McHarris, Deputy Community Development Director Date Posted: December 8, 2005 Public Review Ends: December 27, 2005 Attachments: - Location and Zoning Map - Site Plan - Landscape Plan - Grading Plan - Proposed Elevations - Building D Composite Floor Plans - Building C Composite Floor Plans - Site Sections - initial Study 2005-0063 12/07/05 GPA 2005.0015.MND.sm W% ENVIRONMENTAL CHECKLIST FORM Environmental Review 2005-0063 Applicant: JRW Group, Inc. 1900 Spring Street, Paso Robles, CA 93446, Phone: 226-9306 Owner: Arthur Jazwiecki, P O Box 547, Atascadero, CA 93423 Project Title: El Camino Court - General Plan Amendment 2005-0015 / Zone Change 2005-0104 / Zone Change Phone Number. 2005-0105/ Conditional Use Permit 2005-0170/ TTM 2005-0076 Project 4705, 4711, 4713 El Camino Real Atascadero, CA 93422 Location: APN: 029-271-001 Project The proposed project consists of an application for a General Plan Amendment, Zone Change, and Description: Conditional Use Permit for a commercial/residential mixed-use development located on a 1.71 -acre Surrounding Land parcel within the Commercial Retail (CR) zoning district. A 0.62 -acre portion of the site along El Uses and Setting: Camino Real will retain the CR zoning. The remaining 1.08 acres will require a General Plan Amendment to High Density Residential (HDR), a zone change to Residential Multi -Family (16 units/acre) (RMF -16) with a Planned Development Overlay Zone, and a vesting tentative condominium subdivision map. The site is accessed along El Camino Real. Proposed buildings Other public consist of two multi -family residential buildings and two mixed-use buildings designed for commercial agencies whose use on the lower floor and residential use on the upper floor. A maximum of 40 dwelling units and approval is required 8,000 square feet of commercial space are proposed. Three native trees are proposed for removal. (e.g., permits, financing General Plan Designation: General Commercial (GC) approval, or participation Zoning District: Commercial Retail (CR) Lead Agency Name City of Atascadero and Address: 6907 El Camino Real, Atascadero, CA 93422 Contact Person and Steve McHarris, Deputy Community Development Director Phone Number. City of Atascadero, 6907 El Camino Real Atascadero, CA 93422 General Plan GC (General Commercial) Designation: Zoning: CR (Commercial Retail) Surrounding Land North: Commercial Retail and Residential Single Family -Y Uses and Setting: South: Commercial Retail and Commercial Tourist West: Commercial Retail and Commercial Service East: Residential Single Family -Y Other public None agencies whose approval is required (e.g., permits, financing approval, or participation agreement) 12/07/05 67 GPA 2005-0015.MND.sm • is • • V C.", Existing Zoning: Commercial Retail (CR) Existing General Plan Designation: General Commercial (GC) Proposed Zoning: RMF -16 Residential Multifamily -16 (RMF -16) (mid to rear portion of the site) / Planned Development Overlay (entire site) Proposed General Plan Designation: High Density Residential (mid to rear portion of the site) GPA2005-0015.MND.Sm 12107/05 i Attachment -2 Site Plan :' yy I SIX 1 ly r �■�ecsa��m®eae�z, xanmcr. , -� � I_ m E>b1fill IE � 1A�j®�Iipkn�� MI/ I ..;,. in IF-- lig �� 1S u r GPA 2005-0015.MND.sm 12107/05 69 • • • • • • Attachment 3 Landscape Plan 12/07/05 GPA 2005-0015.MND.sm 70 Attachment 4 Proposed Elevations 12/07/05 GPA 2005-0015.MNDsm 71 • • • IIt�t T lY qa ilk i rte. 12/07/05 GPA 2005-0015.MNDsm 71 • • • • • • 12/07/05 Attachment 5 Building D Composite Plans GROUND FLOOR THIRD FLOOR GPA 2005-0015.MND.sm 72 Attachment 6 Building C Composite Plans 12/07/05 GPA 2005-0015.MND.sm 73 • • • x )f11.f�I11rJi �k tl O �Ef�AI�YdP�1 - 12/07/05 GPA 2005-0015.MND.sm 73 • • • O w . 12/07/05 GPA 2005-0015.MND.sm 73 • • • • • Attachment 7 Grading Plan GPA 2005-0015.MNDsm 12/07/05 74 12/07/05 75 Attachment 8 Site Sections Y + t garot4V4��*�P�$�83��33�R 4 ���pt� tlp��t�.c�gd�pip�gtp�tg� ! a.x�o:=x> r,�t�cxz�c�ackx�x�rc, GPA 2005-0015.MND.sm C] • • • • 12/07/05 GPA 2005-0015.MND.sm 76 Timing RespoTn EXflli)It Q /MonMitigation Monitoring ProgramEI PS: Planningg Camino Court - General Plan Amendment 2005-0015 I Zone Chane BP:GredingPemtit BP: BuBding Perm BS: Bu /ding2005-0104 / Zone Change 2005-0105/ Conditional Use Permit 2005-0170/ TO:Tenvorary FD: FireDepOccupancy TTM 2005-0076 FI: Final inspection PD: Police D CE: City Engineer FO: Final Occupancy WW: Wastewater CA City Ati mey 4705, 4711, 4713 EI Camino Real AMWC: Water comp. Mitigation Measure 1.c.1: The following landscape mitigatio7the P BS, PS, CE 1.C.1 apply: • Fencing shall be complimentary in color and materi proposed architectural theme. ■ The project landscaping shall include street trees along EI Camino Real street frontage. • All proposed trees shall be shade trees of 15 -gallon minimum size and shall be double staked. Mitigation Measure 1.c.2: The proposed buildings shall include the use BP BS, PS, CE 1.C.2 of earth tone paint and roof colors. Mitigation Measure 1.d.1: If exterior parking lot lighting is proposed, it BP BS, PS, CE 1.d.1 shall be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminary pole height shall not exceed 14 -feet in height, limit intensity to 2.0 foot candies at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the site. Fixtures shall be shield cut-off type and compatible with neighborhood setting, subject to staff approval. Mitigation Measure 3.b.1: The project shall be conditioned to comply BP, GP BS, PS, CE 3.b.1 with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of.the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment ■ Maintain all construction equipment in proper tune according to manufacturer's specifications. • Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). ■ Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. ■ Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques • Develop a comprehensive construction activity management pian designed to minimize the amount of large construction equipment operating during any given time period. • Schedule of construction truck trips during non -peak hours to 12/07/05 GPA 2005-0015.MND.sm 76 Exhibit A Mitigation Monitoring Program B Camino Court - General Plan Amendment 2005-0015 / Zone Change 2005-0104 /Zone Change 2005-0105/ Conditional Use Permit 2005-0170/ TCM 2005-0076 4705, 4711, 4713 EI Camino Real Timing GP: Grading Few BP: Bu lding Pemut T0:7emporary occupancy R Final inspection F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: FireDepartrnenl PD: PoliceDeparanent CE: Cay Engineer WW: Wastewater CA City Attorney aMwc: water comp. terC Mitigation Measure reduce peak hour emissions. ■ Limit the length of the construction workday period, if necessary. • Phase construction activities, if appropriate. Section 6.5: Fuoitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency will be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. C. All dirt stockpile areas shall be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re -vegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that designated for reworking at dates greater than one month after initial grading shall be sown with a fast -germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved shall be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J. install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. L. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 4.e.1: Grading and excavation and grading work BP PS, BS 4.e.1 shall be consistent with the City of Atascadero Tree Ordinance. Special 12/07/05 77 GPA 2005-0015.MND.sm 0 • • • • • Exhibit A Timing Responsibility /Monitoring Mitigation Measure Mitigation Monitoring Program EI Camino Court- General Pian Amendment 2005-0015 / Zone Change GP: Grading Penni BP; Building Permit PS: Planning Services BS: Building Swces 2005-0104 / Zone Change 2005-0105/ Conditional Use Permit 2005-0170/ To: Temporary FD: Fre Wardnent TTM 2005-0076 Occupancy Fl: Final inspection PD: Police DepaMx nt Ce City Erepneer F0: Final Occupancy WW: Wastawater CA Cilp Almmey 4705, 4711, 4713 EI Camino Real AMC: WatarCM. 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. easure 4.e.2: All recommendations contained within the BP PS, BS 4.e.2 rists report prepared by Tree Resources Assessment, rBarbella'sree Service shall be applied to the proposed project inch native tree proposed for removal and each tree withinarea subject to potential impact. All native tree impactireplacements shall be per the Atascadero Municipal Code Section 9-11.105. Mitigation Measure 4.e.3: The developer shall contract with a certified BP PS, BS 4.e.3 arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining an arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c) As specified by the arborist report and City staff: • Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and -certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ In locations where paving is to occur within the tree canopy, grub only and do not grade nor compact. Install porous pavers over a three-inch bed of 3/d inch granite covered with one -inch pea gravel for screeding. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to 12/07/05 GPA 2005.0015.MND.sm WO Exhibit A Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure El Camino Court- General Plan Amendment 2005-0015 / Zone Change GP: GradingPemdt PS: Planning Services 2005-01041 Zone Change 2005-0105/ Conditional Use Permit 2005-0170/ BP: Building Penh TO: Temporary BS: Building Services FD:FireDepm ment TTM 2005-0076 Occupancy PD: PoliceDepartrnenl FI: Fined inspection CE: City Engineer F0: Fined Occupancy WW: Wastewater 4705, 4711, 4713 EI Camino Real birney AMWC: a>ater C aMwc:-water comp. eight curbs poured at grade with a one -foot by one -foot pothole every four to six linear feet. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. • Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction - related tree protection measures are no longer required for tree protection. Mitigation Measure 4.e.4: All tree removals identified in the Tree BP PS, BS 4.eA Resources Assessment, dated 7/19/05 shall be mitigated as prescribed by the Atascadero Native Tree Ordinance. Mitigation Measure 5.b.1: Design an appropriate Phase II GP PS, BS, CE 5.b.1 archaeological sampling strategy. Mitigation Measure 5.b.2: Monitoring of all earth disturbance by a GP PS, BS, CE 5.b.2 qualified subsurface archaeologist and native monitor during construction activities. Mitigation Measure 5.b.3: Cultural soils must remain on site of they are GP PS,BS,CE 5.b.3 moved and/or disturbed. Mitigation Measure 6.b.1: The grading permit application plans shall BP, GP PS, BS, CE 6.b.1 include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.1: A soils report shall be required to be BP,GP PS,BS,CE 6.c.1 submitted with a future building permit by the building department. Mitigation Measure 7.b.1: Per the Phase I Environmental Site BP PS 7.b.1 Assessment, further investigation of the former commercial building area is necessary to better determine if the site had been adversely impacted -by previous auto garage or painting use 12/07/05 GPA2005-0015.MNDsm 79 • • • • • Exhibit A Mitigation Monitoring Program EI Camino Court - General Plan Amendment 2005-0015 / Zon7Change 2005-0104 / Zone Change 2005-0105/ Conditional Use Permemporary TTM 2005-0076 4705, 4711, 4713 EI Camino Real Timing radingPenntPS:PtanningSeruces alding Perrnit Occupancy Fl: Final inspection F0: Final Occupancy Responsibility /Monitoring BS: Building Services FD: FireDepartrnent PD: Police Deparnrent CE City Engineer WW: Wastewater CA City Attorney AMWC: Water Cow, Mitigation Measure Mitigation Measure 8.e.f.1: The developer is responsible for ensuring GP PS, BS, CE that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders Mitigation Measure 11.d.1: All construction activities shall comply with BP, GP PS, BS, CE 11.d.1 the City of Atascadero Noise Ordinance for hours of operation, and as follows: 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 Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors may modify the hours of construction. 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. Staff shall approve the details of such a sign during the Gradin Plan/Building Permit review process. 12/07/05 GPA 2005-0015.MND.sm Exhibit A Mitigation Monitoring Program El Camino Court= General Plan Amendment 2005-0015 / Zone Change 2005-0104 / Zone Change 2005-0105/ Conditional Use Permit 2005-0170/ TTM 2005-0076 4705, 4711, 4713 EI Camino Real Timing GP: GradingPemtit BP: Building Pemut TO: Temporary occupancy FI: Final inspection F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: FireDeparirrrent PD: Police Departivent CE City Engineer WW: Wastewaiter AMWC:Watrey WJIWC: Wafer Comp. Mitigation Measure BP, GP PS, BS, CE 13.1 Mitigation Measure 93.1: Project Road and Landscape Maintenance and Emergency Services Funding: The emergency services and road maintenance costs of the project shall be 100% funded by the project in perpetuity. The service and maintenance cost may be funded through a benefit assessment district or other mechanism established by the developer subject to City approval. The funding mechanism must be in place prior to or concurrently with acceptance of the any 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 and the coordination and performance of maintenance activities shall be by the City a) All Atascadero Police Department service costs to the project. b) All Atascadero Fire Department service costs to the project. c) All streets, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. d) All parks, trails, recreational facilities and like facilities. e) All open space and native tree preservation areas. f) All drainage facilities and detention basins. g) All common landscaping areas, street trees, medians, parkway planters, manufacture slopes outside private yards, and other similar facilities. h) All drainage facilities and detention basins. i) All common landscaping areas, street trees, medians, parkway planters, manufacture slopes outside private yards, and other similar facilities. 12/07/05 GPA 2005.0015.MND.sm • • • • GPA 2005-0015.MND.sm 12/07/05 82 Timing Responsibility Mitigation EJCfllblt A /Monitoring Measure Mitigation Monitoring Program GP. Grad ngPenrut Ps: Planning Services EI Camino Court -General Plan Amendment 2005-0015 /Zone Change BP: Building Permit BS:BuIdngSemces 2005-0104 / Zone Change 2005-0105/ Conditional Use Permit 2005-0170/ 70: Temporary FD: Fire Department TTM 2005-0076 Occupancy PD: Police Department Fl: Final inspection CE City Engineer FO: Final Occupancy VJW: Wastewaler CA City Atomey 4705, 4711, 4713 EI Camino Real AMWC:Water Comp . Mitigation Measure 15.a: The project shall widen west bound San BP Ps, BS, CE 15.a Anselmo, between the US 101 north bound on-ramp and the K -mart driveway, to provide a landscaped median, two west bound lanes and a bike lane. This work will require approval by Caltrans. This improvement will provide a dedicated lane for traffic entering the US 101 north bound on ramp, which will improve the operation of the US 101 north bound off ramp and east and west bound San Anselmo. This project is required to pay Development Impact Fee per the Circulation System of Atascadero. The design and construction of these improvements is eligible for credit to the fees. The actual design and construction costs must be submitted to the City for credit. Administration of designing, approval and construction of these improvements is not eligible for credit to the fees. • • GPA 2005-0015.MND.sm 12/07/05 82 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 ❑ Air Quality ❑ Cultural Resources ❑ Geology /Soils ❑ Hydrology / Water Quality ❑ Land Use / Planning ❑ Noise ❑ Population / Housing ❑ Recreation F-1 Transportation/Traffic ❑ Mandatory Findings of Significance On the basis of this initial evaluation: ❑ 1 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. Steve Community Development Director 12/07/05 GPA 2005-0015.MNDsm • • • . 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 may be used where, pursuant to the tiering, program EM, 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 is 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. • 12/07/05 GPA 2005-0015.MND.sm 0 Initial Study 2005-0063 Potentially Less Than Less Than No Significant Significant with Significant Impact General Plan Amendment 2005-0015 / Zone Change 2005- Impact Mitigation Impact 0104 / Zone Change 2005-0105/ Conditional Use Permit Incorporation 2005-0170/ TTM 2005-0076 ZJ 4705, 4711, 4713 EI Camino Real 1. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not ZJ limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or LLJ quality of the site and its surroundings? d) Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area? SOURCES: Project Description -Photos; Land Use Element EIR, Atascadero Tree Ordinance; Staff Site Visit; Project Pians. DISCUSSION: 1.a,b,c,d) The project site is located along the EI Camino Real commercial corridor and is not located within a scenic vista. Two mature oak trees will remain on the site and the El Camino Real street frontage will be landscaped with , street trees. The proposed buildings include the use of earth -tone colors and landscaping to reduce the potential for reflected light and glare. The following mitigation measures have been identified to assure that all potential impacts are mitigated to a level of insignificance: Mitigation Measure 1.c.1: The following landscape mitigations shall apply: • Fencing shall be complimentary in color and material to the proposed architectural theme. • The project landscaping shall include street trees along EI Camino Real street frontage. ■ All proposed trees shall be shade trees of 15 -gallon minimum .size and shall be double staked. Mitioation Measure 1.c.2: The proposed buildings shall include the use of earth tone paint and roof colors. Mitigation Measure 1.d.1: If exterior parking lot lighting is proposed, it shall be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare, Any luminary pole height shall not exceed 14 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the site Fixtures shall be shield cut-off type and compatible with neighborhood setting, subject to staff approval. 2. AGRICULTURAL RESOURCES: in determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring 12/07/05 RM Page 25 GPA 2005-0015.MND.sm • • • C • Initial Stud 2005-0063 Potentially Less Than Less Than No Study Significant Significant with Significant impact General Plan Amendment 2005-0015 / Zone Change 2005- impact Mitigation impact 0104 / Zone Change 2005-0105/ Conditional Use Permit incorporation 2005-0170/ TTM 2005-0076 4705, 4711, 4713 EI Camino Real Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? SOURCES: Land Use Element EIR. DISCUSSION 2.a.) The property is not shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency as prime farmland. 2.b.) The property is not under a Williamson Act contract. 2.c.) The project will not result in the conversion of farmland to non-agricultural uses. 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 17 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 concentrations? e) Create objectionable odors affecting a substantial number F 7 F of people? SOURCES: Air Pollution Control District (APCD) CEQA Air Quality Handbook, Project Description -Photos; Site/Landscaping Plan. DISCUSSION: 3.a. b. c.) This project will not affect or produce any significant air pollutants after completion of construction. Construction activities, including site grading, may produce small quantities of air pollution, including dust and equipment exhaust. Any air quality impacts will be temporary and short term. 3.d.) The construction of the project and the associated on-site and public improvements will not concentrate pollutants. 3.e.) The construction of the project and the associated on-site and public improvements will not create objectionable odors. Mitigation Measure 3.b.1: The project shall be conditioned to comply with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. 12/07/05 Page 26 GPA2005-0015.MND.sm 86 Initial Study 2005-0063 Potentially Less Than Less Than No Significant Significant with Significant Impact General Plan Amendment 2005-0015 / Zone Change 2005- Impact Mitigation Impact 0104 / Zone Change 2005-0105/ Conditional Use Permit Incorporation ' 2005-0170/ TTM 2005-0076 4705, 4711, 4713 EI Camino Real Section 6.3: Construction Equipment ■ Maintain all construction equipment in proper tune according to manufacturer's specifications. ■ Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). ■ Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. ■ Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques ■ Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. • Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. ■ Limit the length of the construction workday period, if necessary. • Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency will be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. C. All dirt stockpile areas shall be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re -vegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that designated for reworking at dates greater than one month after initial grading shall be sown with a fast -germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved shall be complete as soon as possible. in addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. L. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. 4. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California 12/07/05 Page 27 87 GPA 2005-0015.MND.sm b) Have a substantial adverse effect on any riparian habitat Less Than Less Than No Initial Study 2005-0063 Potentially Significant Significant with Significant Impact General Plan Amendment 2005-0015 / Zone Change 2005- Impact Mitigation Impact 0104 / Zone Change 2005-0105/Conditional Use Permit Incorporation 2005-0170/ TTM 2005-0076 4705, 4711, 4713 EI Camino Real Department of Fish and Game or U.S. Fish and Wildlife Service? Service? c) Have a substantial adverse effect on federally protected 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 1771 resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? ■ SOURCES: Tree Resources Assessment, Barbella's Tree Service; Project Description -Photos; Project Plans. DISCUSSION: 4.a.) No sensitive species have been found near the site. 4.b.) The project site does not impact any drainage ways or riparian corridors. 4.c.) There are no wetlands on the project site. nt within the city limits will not have a significant impact 4.d.) The Land Use Element EIR concludes that developme on wildlife or wildlife corridors. 4e.f.) The proposed project will not conflict with local policies or ordinances protecting biological resources nor will it conflict with any conservation plans however, the presence of Native trees on-site requires the following mitigation measures to be implemented. Mitigation Measure 4.e.1: Grading and excavation and grading work shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being tom 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.2: All recommendations contained within the project arborists report prepared by Tree Resources Assessment, Barbella's Tree Service shall be applied to the proposed project in terms of each native Page 28 GPA 2005-0015.MND.Sm 12107/05 88 Study Initial Stud 2005-0063 Potentially Less Than Less Than No Significant Significant with Significant Impact General Plan Amendment 2005-0015 / Zone Change 2005- impact Mitigation Impact 0104 / Zone Change 2005-0105/ Conditional Use Permit Incorporation 2005-0170/ TTM 2005-0076 4705, 4711, 4713 EI Camino Real tree proposed for removal and each tree within the project area subject to potential impact. All native tree impact/replacements shall be per the Atascadero Municipal Code Section 9-11.105. Mitigation Measure 4.e.3: The developer shall contract with a certified arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c) As specified by the arborist report and City staff: ii. Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and certified arborist; iii. Remove all debris and spoils from the lot cleaning and tree pruning. ■ In locations where paving is to occur within the tree canopy, grub only and do not grade nor compact. Install porous pavers over a three-inch bed of 3/4 inch granite covered with one -inch pea gravel for screeding. if curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one -foot by one -foot pothole every four to six linear feet. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. Mitigation Measure 4.e.4: All tree removals identified in the Tree Resources Assessment, dated 7119/05 shall be mitigated as prescribed by the Atascadero Native Tree Ordinance. 5. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in '15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to `15064.5? 1771 c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? El Zi d) Disturb any human remains, including those interred 17 outside of formal cemeteries? 12/07/05 ie Page 29 GPA 2005-0015.MND.sm • • • Page 30 GPA2005-0015.MND.sm 12/07/05 Initial Study 2005-0063 Potentially Significant s Than Lescantw Significant with Less Than Significant No Impact General Plan Amendment 2005-00151 Zone Change 2005- Impact 0104 /Zone Change 2005-0105/ Conditional Use Permit Mitigation Incorporation Impact 2005-0170/ TTM 2005-0076 4705, 4711, 4713 EI Camino Real SOURCES: Project Description -Photos; Staff Site Visit; Land Use Element EIR; Archaeology Report, Central Coast Archaeology. DISCUSSION: 5.a.b.c.d.) No known historical sites have been found or documented in the vicinity of the project. However, investigation has been completed that identifies previously unrecorded prehistoric midden or a Phase I refuse archaeological pile which warrants further archaeological study as mitigated below: Mitigation Measure 5.b.1: Design an appropriate Phase II archaeological sampling strategy. Mitigation Measure 5.b.2: Monitoring of all earth disturbance by a qualified subsurface archaeologist and native monitor during construction activities. Mitigation Measure 5.b.3: Cultural soils must remain on site if they are moved and/or disturbed. F6.GEOLOGY AND SOILS-- Would the project: a) Expose people or structures to potential substantial ❑ ❑ ❑ r771 adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated ❑ ❑ ❑❑ on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ ❑ ❑ iii) Seismic -related ground failure, including ❑ ❑ ❑ liquefaction? iv) Landslides? ❑ ❑ ❑ b) Result in substantial soil erosion or the loss of topsoil? ❑ ® ❑ ❑ c) Be located on a geologic unit or soil that is unstable, or ❑ ❑ ❑ that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B ❑ ❑ ❑ ❑ of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of ❑ ❑ ❑ septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of Is wastewater? Page 30 GPA2005-0015.MND.sm 12/07/05 Initial Study 2005-0063 Potentially Less Than Less Than No Significant Significant with Significant Impact General Plan Amendment 2005-0015 / Zone Change 2005- Impact Mitigation Impact 0104 / Zone Change 2005-0105/ Conditional Use Permit Incorporation 2005-0170/ TTM 2005-0076 4705, 4711, 4713 EI Camino Real SOURCES: Project Description -Photos; Staff Site Visit; Land Use Element EIR, Project Plans. DISCUSSION: 6.a.) The project is not located on any known earthquake faults. 6.b.) Construction activities on the site will be required to comply with sedimentation and erosion control measures prescribed by the city engineer. 6.c.d.e.) Soil conditions will be reviewed during building permit review in accordance with the municipal code. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. The property contains no unusual geological formations. Project will connect to City sewer. Mitigation Measure 6.b.1: The grading permit application plans shall include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.1: A soils report shall be required to be submitted with a future building permit by the building department. 7. HAZARDS AND HAZARDOUS MATERIALS —Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of El E hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan area or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people living or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people living or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where W1 13 701 R, 3 �'' F 12/07/05 Page 31 GPA 20.05-0015.MND.sm 91 • • 0 Potentially Less Than Less Than No Initial Study 2005-0063 Significant Significant with Significant Impact General Plan Amendment 2005-0015 / Zone Change 2005- impact Mitigation Impact 0104 / Zone Change 2005-01051 Conditional Use Permit Incorporation 2005-0170/ TTM 2005-0076 4705, 4711, 4713 EI Camino Real wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? SOURCES: Project description, General Pian Land Use Element; Staff Site Visit; Soil Sample Test Results, B&T Service Station Contractors; Phase I Environmental Site Assessment, Technicon Engineering Services DISCUSSION 7a.b.c.) The project is not anticipated to generate or involve use of significant amounts of hazardous materials. According to the Phase I Environmental Site Assessment prepared for the project site, no evidence of existing or former underground fuel storage tanks (UST's) or aboveground fuel storage tanks (AST's) were observed. In 2005, two 500 -gallon USTs were discovered beneath the former garage/market building. The USTs and associated piping were removed form the site and soil samples were collected for laboratory analysis. According to EHS records, soil collected beneath the USTs did not pose a significant risk and no further action was required. The USTs and product lines do not appeal to have adversely impacted the site. The previously demolished commercial building site was tested to 30 feet below grade and did not reveal evidence of hazardous material leaks, spills or disposal in these areas. The site is not listed as a contaminated or potentially contaminated site on any local, state or federal databases. And there are no known hazardous materials 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-minute or less response area. The Fire Marshall will determine if the residences will have fire sprinklers during review of the building permit. Mitigation Measure 7.b.1: Per the Phase I Environmental Site Assessment, further investigation of the former commercial building area is necessary to better determine if the site had been adversely impacted by previous auto garage or painting use. 8. HYDROLOGY AND WATER QUALITY -- Would the project: 17 a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of previously -existing nearby wells would drop to a level that would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage 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? Page 32 GPA 2005-0015AND.Sm 12/07/05 92 General Plan Amendment 2005-0015 / Zone Change 2005- Impact Mitigation Impact 0104 / Zone Change 2005-0105/ Conditional Use Permit Incorporation 2005-0170/ TTM 2005-0076 4705, 4711, 4713 EI Camino Real f) Otherwise substantially degrade water quality? El Z F-1 7 g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? Initial Study 2005-0063 Potentially Significant Less Than Significant with Less Than Significant No Impact General Plan Amendment 2005-0015 / Zone Change 2005- Impact Mitigation Impact 0104 / Zone Change 2005-0105/ Conditional Use Permit Incorporation 2005-0170/ TTM 2005-0076 4705, 4711, 4713 EI Camino Real f) Otherwise substantially degrade water quality? El Z F-1 7 g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures that would impede or redirect flood flows? I) Expose people or structures to a significant risk of loss, F-1 F 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 -Photos; Staff Site Visit; Land Use Element EIR, Project Pians. 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. 8.g.h.i.) Future residential uses will be outside of the 100 -year flood hazard area. 8.i.j.) The project area is not subject to innundation by a tsunami. Mitigation Measure 8.e.f.1: The developer is responsible for ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. 9. 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 ❑ ❑ ❑117 natural community conservation plan? SOURCES: Land Use Element, Circulation Element, project description, Land Use ElementEIR; Project Plans. DISCUSSION: 9.a.) The project will not physically divide an established community. The new commercial/residential mixed-use development in the proposed location is consistent and compatible with the adjacent commercial and residential areas. As proposed, the mixed-use commercial/residential project is consistent with the General Plan and surrounding existing and future land uses. 9.b.) The General Plan identifies this site as Commercial Retail and City Council policy allows horizontal and vertical mixed-use development through a General Plan Amendment and Planned Development overlay process. The t2/07/05 Page 33 GPA 2005-0015.MND.Sm 93 0 Potentially Less Than Less Than No Initial Stud 20050063 Study - Significant Significant with Significant Impact General Plan Amendment 2005-0015 / Zone Change 2005- Impact igatio Impact 0104 / Zone Change 2005-0105/ Conditional Use Permit InMo on 2005-0170/ TTM 2005-0076 4705, 4711, 4713 EI Camino Real excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? proposed general plan amendment which includes commercial/residential mixed-use development is consistent with the City's General Plan Land Use and Housing elements. The proposed 40 residential units are consistent with the general plan maximum residential density for a mixed-use planned development project and affordable housing and architectural superior density bonus criteria. On-site parking requirements will also be met through a shared parking program and affordable housing criteria. 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 -Photos; Staff Site Visit. - DISCUSSION: 10.a.b.) No mining is proposed as a part of this project. No known mineral resources have been identified in the area. Page 34 GPA2005-0015.MND.sm ,2/07,05 94 11. NOISE — Would the project result in: a) Exposure of persons to or generation of noise levels in F] 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-bome noise levels? c) A substantial permanent increase in ambient noise levels ❑ ® ❑ in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient ❑ noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, ❑ where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people living or working in the project area to excessive noise levels? SOURCES: Project description, Noise Element, Noise Ordinance, Acoustical Design Manual. DISCUSSION: 11 a.b.c.d.) Construction is expected to involve some heavy machinery Noise levels on the site are thus expected to be raised temporarily. The and use of impact tools that make noise. future residential or commercial use is not Page 34 GPA2005-0015.MND.sm ,2/07,05 94 Initial Stud 2005-0063 Potentially Less Than Less Than No Study Significant Significant with Significant impact General Plan Amendment 2005-0015 / Zone Change 2005- impact Mitigation impact 0104 / Zone Change 2005-0105/ Conditional Use Permit Incorporation 2005-0170/ TTM 2005-0076 4705, 4711, 4713 EI Camino Real expected to generate unacceptable levels of noise to future adjacent commercial, public, or residential uses. 11.e.f.) The project is not located within an airport land use plan or private airstrip. Mitigation Measure 11.d.1: All construction activities shall comply with the City of Atascadero Noise Ordinance for hours of operation, and as follows: 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 Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors may modify the hours of construction. 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. Staff shall approve the details of such a sign during the Grading Plan/Building Permit review process. 12. POPULATION AND HOUSING -- Would the project: a) Induce substantial population growth in an area, either ❑ ❑ directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, ❑ ❑ 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 General Plan identifies this site as commercial retail, allows mixed-use development, and increased densities for affordable housing units. 12.b.c. The existing lot is vacant and no housing or persons will be displaced. 13. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: 95 12/07/05 Page 35 GPA 2005-0015.MND.sm • • • • No Initial Study 2005-0063 Potentially Less Than Less Than Significant Significant with Significant Impact General Plan Amendment 2005-0015 / Zone Change 2005- Impact Mitigation impact 0104 / Zone Change 2005-0105/ Conditional Use Permit Incorporation 2005-0170/ TTM 2005-0076 4705, 4711, 4713 EI Camino Real Fire protection? Police protection? ❑ ❑ Schools? ❑ ❑ ❑ Parks? Other public facilities? ❑ 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. Other public facilities: The construction of the project is not expected to have significant impacts on any other public facilities. Mitigation Measure 13.1: Project Road and Landscape Maintenance and Emergency Services Funding: The emergency services and road maintenance costs of the project shall be 100% funded by the project in perpetuity. The service and maintenance cost may be funded through a benefit assessment district or other mechanism established by the developer subject to City approval. The funding mechanism must be in place prior to or concurrently with acceptance of the any final maps. The funding mechanism shall be approved by the City Attomey, 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 by the City a) All Atascadero Police Department service costs to the project. 12/07/05 Page 36 GPA 2005-0015.MND.sm M Initial Study 2005-0063 Potentially Less Than Less Than No Significant Significant with Significant impact General Plan Amendment 2005-0015 / Zone Change 2005- impact Mitigation impact 0104 / Zone Change 2005-0105/ Conditional Use Permit incorporation 2005-0170/ TTM 2005-0076 4705, 4711, 4713 EI Camino Real b) All Atascadero Fire Department service costs to the project. c) All streets, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. d) All parks, trails, recreational facilities and like facilities. e) All open space and native tree preservation areas. j) All drainage facilities and detention basins. k) All common landscaping areas, street trees, medians, parkway planters, manufacture slopes outside private yards, and other similar facilities. 1) All drainage facilities and detention basins. m) All common landscaping areas, street trees, medians, parkway planters, manufacture slopes outside private yards, and other similar facilities. 14. RECREATION -- a) Would the project increase the use of existing ❑ neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? SOURCES: Project description, Parks and Recreation Element; Project Plans. DISCUSSION: 14.a.) Residents are expected to use existing parks and recreational facilities, but the numbers are not expected to result in substantial physical deterioration of any facilities. 14.b.) The project does not involve construction of recreational facilities. 15. TRANS PORTATIONITRAFFIC -- Would the project: • • a) Cause an increase in traffic that is substantial in relation ❑ '1171 ❑ ❑ to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of ❑ ❑ service standard established by the county congestion management agency for designated roads or highways? in in including c) Result a change air traffic patterns, either ❑ ❑ ❑ an increase in traffic levels or a change in location that results in substantial safety risks? 12/07/05 97 Page 37 GPA 2005-0015.MND.sm Initial Stud 2005-0063 Study Potentially Significant Less Than Significant with Less Than Significant No Impact General Plan Amendment 2005-0015 / Zone Change 2005- Impact Mitigation Incorporation impact 0104 /Zone Change 2005-0105/ Conditional Use Permit 2005-0170/ TTM 2005-0076 4705, 4711, 4713 EI Camino Real 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? ❑ ❑ ❑ f) Result in inadequate parking capacity? ❑ ❑ g) Conflict with adopted policies, plans, or programs ❑ ❑ supporting alternative transportation (e.g., bus turnouts, bicycle racks)? • Ll SOURCES: Land Use Element, Circulation Element; Traffic Impact Report, Pinnacle Traffic Engineering. DISCUSSION: 15a.b.) The Circulation Element (CE) anticipates an increase in new development in this area. The CE incorporates mitigation for effects from increased traffic. A project -specific traffic analysis has been prepared by Pinnacle Traffic Engineering. The report summarizes the project as a mixed-use project with 41 residential units and 6,000 square feet of commercial use, could generate up to 276 average residential daily trips and 266 specialty commercial retail daily trips on the city's road system. During the AM and PM peak hours, the project could add up to 16 trips and 7 trips, respectively. The net impact of the project on existing conditions is not anticipated to significantly impact traffic operations. However, the appropriate City traffic impact fees will be paid to help pay for any future improvements needed to provide acceptable levels of service on the local street system. In addition, a mitigation measure has been added requiring the applicant to participate in additional street widening along San Anselmo between U.S. Highway 101 and EI Camino Real 15.c.) No changes will occur to the air traffic patterns. 15.d.) The project's access has adequate site distance onto EI Camino Real 15.e.) The project will have adequate emergency access from EI Camino Real 15.f.) The proposed site plan identifies 76 on-site parking spaces for the mixed use project. Both the parking code and the State Density bonus criteria allow a proposed reduction of overall parking spaces through a shared parking program and residential affordability consideration. The proposed project will provide adequate parking through implementation of an on-site shared parking program. 15.g.) The project does not conflict with adopted policies, plans, or programs supporting alternative transportation. Mitiqation Measure 15.a: The project shall widen west bound San Anselmo, between the US 101 north bound on ramp and the K -mart driveway, to provide a landscaped median, two west bound lanes and a bike lane. This work will require approval by Caltrans. This improvement will provide a dedicated lane for traffic entering the US 101 north bound on ramp, which will improve the operation of the US 101 north bound off ramp and east and west bound San Anselmo. This project is required to pay Development Impact Fee per the Circulation System of Atascadero. The design and construction of these improvements is eligible for credit to the fees. The actual design and construction costs must be submitted to the City for credit. Administration of designing, approval and construction of these improvements is not eligible for credit to the fees. 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 wastewater treatment facilities or expansion of existing 12/07/05 Page 38 GPA 2005-0015.MND.sm Initial Study 2005-0063 Potentially Less Than Less Than No Significant Significant with Significant Impact General Plan Amendment 2005-0015 / Zone Change 2005- Impact Mitigation Impact 0104 / Zone Change 2005-0105/ Conditional Use Permit Incorporation 2005-0170/ TTM 2005-0076 4705, 4711, 4713 EI Camino Real 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 accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and ❑ regulations related to solid waste? 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 to keep pace with construction in the city, so that water supply will not be interrupted. Sewer. Sewer discharge will be handled by an on City sewer connection. Storm Water. On-site storm water drainage has been designed to flow into the existing Morro Road drainage facilities. The existing facilities have been designed to handle run-off from this site at build out. 17. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range 12/07/05 Page 39 99 ❑ ❑17 GPA 2005-0015.1VINDsm • • • 0 Than No Initial Stud 20050063 Study - Potentially Less Than Less Significant Significant with Significant Impact General Plan Amendment 2005-0015 / Zone Change 2005- Impact Mitigation Impact 0104 / Zone Change 2005-0105/ Conditional Use Permit Incorporation 2005-0170/ TTM 2005-0076 4705, 4711, 4713 EI Camino Real of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? DISCUSSION: The proposed project consists of an application for a General Plan Amendment, Zone Change, and Conditional Use Permit for a commercial/residential mixed-use development located on a 1.71 -acre parcel within the Commercial Retail (CR) zoning district. A 0.62 -acre portion of the site along El Camino Real will retain the CR zoning. The remaining 1.08 acres will require a General Plan Amendment to High Density Residential (HDR), a zone change to Residential Multi -Family (16 units/acre) (RMF -16) with a Planned Development Overlay Zone, and a vesting tentative condominium subdivision map. The site is accessed along EI Camino Real. Proposed buildings consist of two multi -family residential buildings and two mixed-use buildings designed for commercial use on the lower floor and residential use on the upper floor. A maximum of 40 dwelling units and 8,000 square feet of commercial space are proposed. 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 Pian 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 0004 B, Federal Emergency Management Agency, January 20, 1982 PROJECT -SPECIFIC SOURCES: Project description includes the following: ■ Site Plan/Landscape Plan/Grading, Scott Vincent ■ Elevations, Floor Plans, and Sections, Scott Vincent ■ Tree Resources Assessment, Barbella's Tree Service ■ Traffic Impact Report, Pinnacle Traffic Engineering ■ Extended Phase I Archaeology Report, Central Coast Archaeology • Soil Sample Test Results, B&T Service Station Contractors ■ Phase I Environmental Site Assessment, Technical Engineering Services Page 40 GPA 2005-0015.MND.sm 12/07/05 100 47 Tree Resources Assessment For The EL CAMINO COURT A Mixed Use Development 4705, 4711 and 4713 El Camino Real Atascadero, California Assessor's Parcel 029-271-001 Prepared For: Mr. Chuck Treatch JRW GROUP, INC. 1900 Spring Street, Suite D Paso Robles 93446 Prepared By: John Barbella BARBELLA'S TREE SERVICE Certified Arborist WC -3878 6135 North Mitre Avenue Fresno, California (559)271-1712 July 19, 2005 101 • • TABLE OF CONTENTS ..................................................................... . Introduction ................................... 1 RegulatoryFramework..................................................... ................................... 1 Methodology ............................................................... ......................................... 1 FieldAssessment...................................................................................... 1 Data..................................................................................................... Results................................................................................................................. Vegetation..................:.................................................................... 2 2 TreeData................................................................................................. 2 Health, Vigor and Structure...................................................................... 3 Conclusion and Recommendations....................................................................... 3 FIGURES Figure 1. Vicinity / Site Location Map................................................................ 5 Figure 2. Topographic Survey "-6 Figure 3. Conceptual Site Plan ............................................................................ 7 APPENDICES Fppendix A. Vicinity SiteLocation Map.............................................................. 8 102 TREE RESOURCES ASSESSMENT FOR THE MIXED USE DEVELOPMENT 4705, 4711 and 4713 El Camino Real Atascadero, California Assessor's Parcel 029-271-001 INTRODUCTION Barbella's Tree Service conducted a tree assessment for the 1.71 acre El Camino Real project site, located in the city of Atascadero, California. The site is located in San Luis Obispo County, south of Valdez Avenue on El Camino Real, in the Coastal Range at an elevation between 922 and 955 feet based upon the basis of elevation benchmark found at the northeast corner of El Camino Real and East Niall, having and elevation of 100.00 NAVD88. Five existing structures were found on the property (refer to the enclosed Topographic Survey, Figure 2). According to the developer, these existing structures are scheduled for demolition within the next few weeks. The majority of the project site is currently an undeveloped property surrounded by residences on two sides (northwest and northeast) and a commercial shopping center along its southeast border. The southwestern property boundary parallels El Camino Real, and U.S. highway 101 (refer to the location map, Figure 1). The site slopes gently from rear to front at 5 to 10% gradients. 103 REGULATORY FRAMEWORK The City of Atascadero's Native Tree Regulations (Title 9, Chapter 11 of the Atascadero Municipal Code) includes native the protection of trees with a diameter at breast height (dbh) of at least two (2) inches for deciduous native oaks, California Sycamore (Plantus Racemosa Nutt) and madrones (Arbutus Menziesii), or four (4) inches dbh or greater for all other protected native trees. The Ordinance is in effect to promote the preservation, maintenance and regeneration of natural flora and fauna which enhance the. community of Atascadero. Removal of trees meeting the above criteria are regulated by this ordinance, and require the development of a tree protection plan for new development which may impact native trees. METHODOLOGY Field Assessment • A field survey of the site was conducted during a site visit by Barbella's Tree Service arborist during June, 2005. Tree location survey data was provided by Wilson Land Surveys (refer to Is EI Camino Court Mixed Use Development Nage 1 Figure 2), and confirmed while on-site by john Barbella. The trees were located, measured and evaluated. We confirmed data for each regulated tree indicated on the survey, noting the following information: g species 4 diameter(s) at breast height (4,5 feet above root crown) E dripline radius (feet) ♦ health and vigor (poor, fair or good) + structure (poor, fair or good) In addition, notes regarding location and general observations were also recorded. Tris data was summarized into a spreadsheet and are presented as Appendix A. Data The Vincent Company, Architects provided to Larbella's Tree Service a property survey, Which included the existing structure and tree locations (Figure 2). Additionally, a conceptual site design was provided, which included the locations of existing trees to be preserved, and identified proposed impositions on the drip lines of the trees to remain. Tree assessment information from our field assessment was entered into a spreadsheet for summery and statistical purposes. RESULTS Vegetation Two habitat types occur on the property: Oak woodland and annual grassland. Annual grassland: The majority of the project site contains annual grassland habitat. Most of this habitat consists of ruderal species common on disturbed sites. Dominant species include native grasses, soft chess, vetch, rose clover, yellow star thistle, and wild oat. bion -native plantings, including corn, were present in the northeast corner of the site. Oak woodland: Tlie project site contains several large exarnples of native Coastal, Live Oaks (Quercus AgriZoiia), with drip lines exceeding 70 feet in diameter. ine major trees are located it the center front half of the site, and are identified as trees A. B, C. D and Fon the Topographic Survey (Figure 2). Additionally, a Chinese F it n (MMus ParviJoiia) and several non-native trees were found on-site. The oak woodland u nderstory consists of a variety of the sane grasses and forbs found within the annual grassland areas. Tree Data The site as evaluated included thirteen trees, of which five were considered to be native (quercus Agrizoli a, Coastal 'Live Oaks). The evaluation was limited to the native trees, with the addition of EI C;amtno Court rvuxea use uevewplu o' . _g' 104 one considered non-native (Mmus Parvifolia, Chinese Elm) as it is of size and quality that it may be considered for preservation. The remaining seven trees found on-site include non-native trees such as pines, and are considered outside of the City of Atascadero Native Tree Ordinance. As such, these trees are considered removable without mitigation, however, the developer may want to consider preservation of the trees not in the area of development as they exhibit reasonable health and structure and would be an asset for the proposed development. The five native trees were located, measured and evaluated. Four of the oaks ( trees A, B, C and E ) are single trunk trees, with only one tree ( tree D) considered a multi -trunk tree ( refer to Figure 2 for locations). Single trunk diameters range from 27 to 34 inches, with drip lines ranging from 48 to 85 feet in diameter. Multi -trunked tree diameters range from 18 to 28 inches, with a drip line of 58 feet in diameter. The Chinese Elm (tree F) is a single trunk tree, 16 inches in diameter, with a 24 foot drip line diameter. Health, Vigor, Structure All five of the native trees (100%) were assessed to be in good health and have good structure. In regards to the health and vigor, only tree F was rated as fair, with all remaining trees rated as good. The majority of the problems with individual trees include crowned and suppressed growth form, poor branching structure, and issues relating to proximity to buildings proposed for demolition and associated work. CONCLUSION & RECOMMENDATIONS In evaluating the trees and reviewing the proposed development, it appears that the most significant examples of the Coastal Live Oak ( trees A, B and C) are excellent candidates for preservation. Due to their location adjacent to buildings to be demolished, it appears that trees D and E will likely sustain damage to their root systems due to heavy equipment and excavations which makes them less likely to survive the development. On this basis, these trees may require removal and mitigation measures as noted in the City of Atascadero Native Tree Ordinance. Other non-native trees (especially in the northeast corner of the site) fall into areas of the development where they may be retained, however, this will depend largely on grading operations required for the development. In regards to specific recommendations for this development, they areas follows: At trees A and B, grading will not be permitted within a 20'-0 radius of the base of each tree. Cuts required adjacent to these zones shall be reviewed by the arborist prior to commencing the work. The addition of any fill to raise grades within this zone is prohibited. ♦ At tree C, the existing adjacent grade shall be maintained for a distance of at least 12 feet from the property line. Retaining walls shall be installed where cuts are required outside of the 12 foot limit, with french drains installed at the base to prevent the accumulation of EI Camino Court Mixed Use Development Page 3 105 17J moisture in the root zone. At the cut for the retaining wall, proper root pruning by an arborist is required for all roots one inch diameter and larger. ♦ Adequate barriers / protection shall be provided at trees to be preserved to keep heavy equipment from driving over the roots within the drip line of each tree. The arborist shall be consulted in establishing the limits of these protection measures. Tree pruning for trees A, B and C shall remove dead wood only. The canopy shall not be thinned, however, lower branches may be trimmed up to allow for vehicular and pedestrian traffic. ♦ Landscaping under the canopy of trees to be preserved shall utilize native plants where possible, and shall incorporate non -watering landscape techniques. Large, 6 inch diameter river rock may be used at the base of the trees to protect trunks. Areas under the canopy may be provided with either crushed walk (DG) or wood chip mulch to provide weed control and water retention. Walkways and seating areas under the canopy may be provided. Interlocking pavers with sand filled joints (to allow natural drainage) shall be provided for these uses. Cast -in-place concrete is not acceptable. 0 M El Camino Court Mixed Use Deveiopment Page 4 106 FIGURE ? : SITE LOCATION MAP ve Nodda Alm, rQ Ramq 107 • • • • • En W °CCc °m 0 C: �� o. O O y0 0 rn rn N° N -• C Co rn w w C t0 L cu "- U)B3 O O C O` N O O C O t6 O 0 ` O Q. O N I6 E UO � E O n "00 N 0 O N .0 N O O C a N O C N O C .0 O O Cr O i Q w 0 iS 0 Q w 0 Er 0 Q O N - (t5 .0 (` fl �6 C IQ 0 O a) Z� m T Its C O 0 �. Ip O T (D 7 �- I6 >, ISS C E O �.. .+ C O C I6 O to - W 0 M "O U M M M -0 Q Ic6 m ttf -0 I? > M N fl -0 ttS N ISS to .1 �' , Y p Y y' fif O C t6 [6 0 ILT C .0 IB Q 0 (tis C. 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I AN070� ONHQV�Stl.LV 0113100'1H O Jul I 6 I I @ . [I s ol�IIl�d�'I o II d �.0 c000==54'r FiI6 5� in w ald cn LU • 110 ITEM NUMBER: 4 DATE: 1-17-06 0 Attachment 4: Applicant's Shared Parking Statement Basis of Design Parking Requirements For: EL CAMINO COURT 4705 El Camino Real, Atascadero, California L Introduction: EI Camino Court is a proposed mixed use development integrating commercial uses with multiple - family residences on a 1.71 acre site fronting EI Camino Real in the City of Atascadero, California. The design features four buildings, each three stories in height. The two buildings in close proximity to EI Camino Real are provided with commercial space on the ground floor of each building, along with eight residences located in the two upper stories of each building. These buildings provide a sound buffer to the remaining two buildings located at the rear of the site, each with twelve residences. Commercial space, which includes the management office and recreation spaces for the residences, totals 8,664 square feet of the 57,444 square feet of building proposed on the site. Uses expected to fill this space would include additional general office space, general (medium intensity) retail uses, and service industry uses. Specifically excluded would be sit down food establishments as the impact upon parking would be detrimental to the ability to provide adequate parking for the project. Forty residences of one-, two- and three-bedroom designs are proposed for the remainder of the project. Of these units, twenty percent are scheduled for restricted workforce housing with an affordability restriction to be attached to the deed for the next thirty years. In general, residents are expected to be young professional and workforce singles and families. Two and three bedroom units have been specifically designed to allow second bedrooms to be adapted to an office, workout space, or den at the request of the resident. Parking is provided on the site with the majority of open / guest parking spaces being located to the front half of the site. This has been intentionally provided as the design proposes to use "shared" parking between the commercial and residential uses as is customary in mixed use developments of this type. The goal is to minimize the amount of paving/ parking needed to provide adequate parking to uses which do not typically share peak hours of use. In this instance, the residential uses will have their lowest demand during the customary daytime hours -of --operation (8:00 am to 5:00 pm) of the commercial uses. II. Regulatory Issues In reviewing the Municipal Code for the City of Atascadero, it is noted that one and one-half parking stalls must be provided for each one -bedroom unit; two stalls for each two-bedroom unit; and two and one-half stalls for each three-bedroom unit. Of these initial stalls, one stall must be covered (either carport or. garage) for each unit. Additionally, one "guest stall' must also be provided on the basis of one stall for every five units. On this basis, 40 covered and 54 open stalls would need to be provided for a total of 94 parking stalls for residential uses only. This provides a parking ratio of 2.35 stalls per unit for this project. 0 111 ITEM NUMBER: 4 DATE: 1-17-06 49 In regards to commercial uses, the City of Atascadero Municipal Code provides for varying ratios from one stall per three hundred square feet to one per five hundred square feet, depending upon use and the intensity of parking required for the use. As previously stated, 2,166 square feet of the proposed commercial space will be used for management offices and recreational space for the residents. In compliance with state law, an on-site manager is required fora project of this size, thus, the parking needed has already been accounted for in the residential stalls. Likewise, the users of this space will be the residents themselves, who are already on-site. As such, we have excluded this footage from our calculations. In reviewing the remaining 6,498 square feet of commercial space, 21 parking stalls would be required for higher intensity commercial uses fitting the 1/300 square foot categories, while only 13 stalls would be required for the less intensive office / service uses. Depending upon the eventual tenants, this would bring the total number of stalls required for the development to between 107 and 115 stalls if shared parking is not allowed. As this project has proposed to restrict twenty percent of the residential units to affordable levels, the State allows under its density bonus program for local municipal codes relating to parking to be superseded by State standards. These standards are based upon specific studies of similar projects in which it is demonstrated that reduced parking levels are appropriate for housing provided to residents of lower incomes. In the case of this project, the requirement for the residential uses would reduce from 94 spaces to only 72. Inasmuch as the project proposes only 68 stalls, and additional 5% minor deviation would be required for the approval of this project. III. Basis for Design Over the recent past, The Vincent Company, Architects has designed numerous multi -family residential projects throughout the state, with varying requirements for parking. In Fresno, a project of this nature would be required to provide only 1.5 stalls per unit, while in Redding, the number would be 2.15 stalls per unit. Inasmuch as it is our goal not to design projects for our clients which have inherent parking problems, we have followed up on several recently completed and occupied projects, both workforce and market rate, to determine practical levels of parking for our projects. Property managers were asked to survey the cars found on-site at varying times of the day. The surveys were conducted over a two week period, with the amount reported for each time frame being the maximum found during the survey period. Attached please find a recap of our findings. In reviewing the findings, you will note that many of the projects include not only three-, but also four- bedroom units. We also attempted to vary the economic make-up (from 100% workforce to 100% market rate), as well as geographic locations. The results show the projects tend to be "empty" during mid-day hours, with peaks being in late evening and early morning hours. In all cases, the actual numbers of cars never approached the 2 cars per unit level. This may be attributed to factors such as varying work shifts (with some residents working night shifts rather than days), varying family sizes (units may be occupied by a single parent with children, or a single desiring an office or spare room), or the simple economics of not being able to afford a vehicle. In any case, these results seem to match those of the state, and provide a basis for the reduced parking levels proposed for this site. Finally, the design as proposed addresses the issues of shared parking. Twenty-one open stalls are found directly behind Buildings A and B, providing adequate parking for even the more restrictive commercial uses found under the 1/300 category. Covered parking, meeting the City of Atascadero Municipal Code is provided for each unit, with additional open stalls allowed for daytime guests of the residences, as well as additional night time parking for our residents. On this basis, we fell that this design will provide adequate and convenient parking for the users of this project. • 112 ITEM NUMBER: 4 DATE: 1-17-06 Recap of Findings MULTI -FAMILY RESIDENTIAL PARKING DEMANDS PROJECT NAME LOCATION PROJECT DESCRIPTION No. CARS FOUND ON-SITE MAXIMUM CAR I OF UNIT RATIO UNI TS . . ......... 7 a 12pm Rpm Spm CHESPEAKE SAY TRACY, CALIFORNIA 2 AND 3 BEDROOM UNITS; 2Q4 1.65 CARS I APARTMENTS 80% MARKET RATE WITH 147 282 329 UNIT 20% WORKFORCE 337 HOUSINa COTTONWOOD CLOVIS, CALIFORNIA 2,3, AND 4 BEDROOM IOG 1,77 CARS P GROVE UNITS, BQ% MARKET t 7 63 15.5 177 UNIT APARTMENTS RATE, 20%WORKFORCE HOUSING HUDSON BAY GALT, CALIFORNIA 2 AND 3 BEDROOM UNITS, go 1.65 CARS S APARTMENTS 100% WORKFORCE 132 42 I 105 108 UNIT HOUSING Q'ASAVELASCO FRESNO, CALIFORNIA 2.3 AND 4 BEDROOM ISO 1.64 CARS f APARTMENTS UNITS, 100% WORKFORCE 247 105 I 201 208 UNIT HOUSING STONEGATE FRESNO, CALIFORNIA 1, 2 AND 3 BEDROOM I.75 OARS f APARTMENTS UNITS, 1(30% MARKET 344 lie 298 333 UNIT RATE SHADOWEIROOK REDDING, CALIFORNIA 3 AND 4 BEDROOM UNITS, 80 1,63 CARS t APARTMENTS 10.0% WORKFORCE t31 61 Ila 127 UNIT HOUSING NIPOM.0 BAY NIPOMQ, CALIFORNIA 2,3 AND 4 BEDROOM 120 1,51 CARS t APARTMENTS UNITS,, 8D% MARKET 194 104 168 187 UNIT RATE, 200k. WORKFORCE HOUSING NOTES: THE NUMBERS SHOWN IN THE ABOVE TABLE REFLECT THE NUMBER OF PARKING STALLS OCCUPIED AT SPECIFIC TIMES OF THE DAY, AND REFLECT THE MAXIMUM FOUND AT THAT TIME OVER A SEVEN DAY PERIOD. 2. DATE SHOWN. WAS COLLECTED BYTHE MANAGEMENT COMPANY `fON-SITE MANAGER FOR EACH COMPLEX 3. EACH COMPLEX HAS AN OCCUPANCY LEVEL OF AT LEAST 95%. E 113 ITEM NUMBER: B-1 DATE: 02/14/06 Attachment 4: Applicant's Shared Parking Statement Basis of Design Parking Requirements For: EL CAMINO COURT 4705 El Camino Real, Atascadero, California L Introduction: EI Camino Court is a proposed mixed use development integrating commercial uses with multiple - family residences on a 1.71 acre site fronting EI Camino Real in the City of Atascadero, California. The design features four buildings, each three stories in height. The two buildings in close proximity to EI Camino Real are provided with commercial space on the ground floor of each building, along with eight residences located in the two upper stories of each building. These buildings provide a sound buffer to the remaining two buildings located at the rear of the site, each with twelve residences. Commercial space, which includes the management office and recreation spaces for the residences, totals 8,664 square feet of the 57,444 square feet of building proposed on the site. Uses expected to fill this space would include additional general office space, general (medium intensity) retail uses, and service industry uses. Specifically excluded would be sit down food establishments as the impact is upon parking would be detrimental to the ability to provide adequate parking for the project. Forty residences of one-, two- and three-bedroom designs are proposed for the remainder of the project. Of these units, twenty percent are scheduled for restricted workforce housing with an affordability restriction to be attached to the deed for the next thirty years. In general, residents are expected to be young professional and workforce singles and families. Two and three bedroom units have been specifically designed to allow second bedrooms to be adapted to an office, workout space, or den at the request of the resident. Parking is provided on the site with the majority of open / guest parking spaces being located to the front half of the site. This has been intentionally provided as the design proposes to use "shared" parking between the commercial and residential uses as is customary in mixed use developments of this type. The goal is to minimize the amount of paving/ parking needed to provide adequate parking to uses which do not typically share peak hours of use. In this instance, the residential uses will have their lowest demand during the customary daytime hours -of --operation (8:00 am to 5:00 pm) of the commercial uses. 77. Regulatory Issues In reviewing the Municipal Code for the City of Atascadero, it is noted that one and one-half parking stalls must be provided for each one -bedroom unit; two stalls for each two-bedroom unit; and two and one-half stalls for each three-bedroom unit. Of these initial stalls, one stall must be covered (either carport or garage) for each unit. Additionally, one "guest stall" must also be provided on the basis of one stall for every five units. On this basis, 40 covered and 54 open stalls would need to be provided for a total of 94 parking stalls for residential uses only. This provides a parking ratio of 2.35 stalls per unit for this project. In regards to commercial uses, the City of Atascadero Municipal Code provides for varying ratios from one stall per three hundred square feet to one per five hundred square feet, depending upon use and 114 ITEM NUMBER: B-1 DATE: 02/14/06 the intensity of parking required for the use. As previously stated, 2,166 square feet of the proposed commercial space will be used for management offices and recreational space for the residents. in compliance with state law, an on-site manager is required for a project of this size, thus, the parking needed has already been accounted for in the residential stalls. Likewise, the users of this space will be the residents themselves, who are already on-site. As such, we have excluded this footage from our calculations. In reviewing the remaining 6,498 square feet of commercial space, 21 parking stalls would be required for higher intensity commercial uses fitting the 1/300 square foot categories, while only 13 stalls would be required for the less intensive office / service uses. Depending upon the eventual tenants, this would bring the total number of stalls required for the development to between 107 and 115 stalls if shared parking is not allowed. As this project has proposed to restrict twenty percent of the residential units to affordable levels, the State allows under its density bonus program for local municipal codes relating to parking to be superseded by State standards. These standards are based upon specific studies of similar projects in which it is demonstrated that reduced parking levels are appropriate for housing provided to residents of lower incomes. In the case of this project, the requirement for the residential uses would reduce from 94 spaces to only 72. Inasmuch as the project proposes only 68 stalls, and additional 5% minor deviation would be required for the approval of this project. III. Basis for Design Over the recent past, The Vincent Company, Architects has designed numerous multi -family residential projects throughout the state, with varying requirements for parking. In Fresno, a project of this nature would be required to provide only 1.5 stalls per unit, while in Redding, the number would be 2.15 stalls per unit. Inasmuch as it is our goal not to design projects for our clients which have inherent parking problems, we have followed up on several recently. completed and occupied projects, both workforce and market rate, to determine practical levels of parking for our projects. Property managers were asked to survey the cars found on-site at varying times of the day. The surveys were conducted over a two week period, with the amount reported for each time frame being the maximum found during the survey period. Attached please find a recap of our findings. In reviewing the findings, you will note that many of the projects include not only three-, but also four- bedroom units. We also attempted to vary the economic make-up (from 100% workforce to 100% market rate), as well as geographic locations. The results show the projects tend to be "empty" during mid-day hours, with peaks being in late evening and early morning hours. In all cases, the actual numbers of cars never approached the 2 cars per unit level. This may be attributed to factors such as varying work shifts (with some residents working night shifts rather than days), varying family sizes (units may be occupied by a single parent with children, or a single desiring an office or spare room), or the simple economics of not being able to afford a vehicle. In any case, these results seem to match those of the state, and provide a basis for the reduced parking levels proposed for this site. Finally, the design as proposed addresses the issues of shared parking. Twenty-one open stalls are found directly behind Buildings A and B, providing adequate parking for even the more restrictive commercial uses found under the 1/300 category. Covered parking, meeting the City of Atascadero Municipal Code is provided for each unit, with additional open stalls allowed for daytime guests of the residences, as well as additional night time parking for our residents. On this basis, we fell that this design will provide adequate and convenient parking for the users of this project. 115 0 ITEM NUMBER: B-1 DATE: 02/14/06 . Recap, of Fifd gs MULTI -FAMILY RESIDENTIAL PARKING DEMANDS PROJECT NAME LOCATION PROJECT DESCRIPTION NO. NO. CARS FOUND ON-SITE MAXIMRUM CAR i NITIO OF UNI am 12pm Bw TRACY,; OALIFORNIA 2 AND � BEDROOM UNITS; 204 147 282 329 1.55 CARS I UNIT CHESPEAKE RAY APARTMENTS 8.0% MARKET RATE NTH 337 20% WORKFORCE CLOVIS, CALIFORNIA HOUSING 2, 3, AND 4 BEDROOM loo 171 63 165 177 '117 CARS UNIT COTTONWOOD GROVE UNITS, 80% MARKET APARTMENTS RATE, 20% WORKF ORCE GALT, CALIFORNIA HOUSING 2 AND 3 BEDROOM UNITS, so 132 42 las 108 ils OMS t UNIT HUDSON BAY APARTMENTS 100%WORKFOROF FRESNO, CALIFORNIA2, HOUSING 3 AND 4 BEDROOM 1501,64 247 105 201 208 CARS f UNIT CASA VELASCO APARTMENTS UNITS, 1009&W'DRKFORCE FRESNO, CALIFORNIA HOUSING 1, 2 AND a BEDROOM lub 344 118 298 313 1,75 CARS t UNIT STONEGATE APARTMENTS UNITS, 100% MARKET REDDING, CALIFORNIA RATE 3 AND 4 BEDROOM UNITS, 80 61 118 127 1,63 CARS f UNIT SHADOWBROOK APARTMENTS 100%WORKFORCE 131 IPOMO, CALIFORNIA HOUSING— 2, 3 AND 4 BEDROOM 120 — 104 168 187, 1,81 CARS UNIT NIPOMO BAY APARTMENTS UNITS, 80% MARKET I F4 RATE, 20% WORKFORCE HOUSING NOTES: 9. THE NUMBERS SHOWN IN THE ABOVE TABLE REFLECTTHE NUMBER OF PARKING STALLS OCCUPIED AT SPECIFIC TIMES OF THE Dky, AND REFLECTTHE MAXIMUM FOUND ATTHATTIME OVER A SEVEN DAY PERIOD. 2, DATE SHOWN WAS COLLECTED BYTHE MANAGEMENT COMPANY t ON-SITE MANAGER FOR EACH COMPLEX 3. EACH COMPLEX HAS AN OCCUPANCY LEVEL OF AT LEAST 95S, E 116 ITEM NUMBER: B-1 DATE: 02/14/06 ATTACHMENT 5: Draft Resolution A Approval of Draft Mitigated Negative Declaration DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, CERTIFYING PROPOSED MITIGATED NEGATIVE DECLARATION 2005-0063 PREPARED FOR GENERAL PLAN AMENDMENT 2005-0015, ZONE CHANGE 2005-0104, ZONE CHANGE 2005-0105, CONDITIONAL USE PERMIT 2005-0170 AND TENTATIVE TRACT MAP 2005-0076 ON APN 029-271-001 (47059 4711, 4713 El Camino Real / JRW Group) WHEREAS, an application has been received from JRW Group, Inc. (1900 Spring Street, Paso Robles, CA 93446) Applicant, and Arthur and Mary Jazwiecki, (P.O. Box 547, Atascadero, CA 93423), Property Owners, to consider a project consisting of a General Plan Amendment from GC (General Commercial) to GC/HDR (General Commercial/Residential High Density Residential -16) and Zone Change from CR (Commercial Retail) to CR/RMF- 16/PD-27 (Commercial Retail/Residential Multi -Family -16 with Planned Development Overlay #27) with a corresponding Master Plan of Development and Vesting Tentative Tract Map on a 1.71 -acre site located at 4705, 4711, and 4713 El Camino Real (029-271-001); and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2005-0063 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, 2006 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 February 14, 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 2005-0063 based on the following Findings, and as shown in Exhibit A: 117 • ITEM NUMBER: B - 1 DATE: 02/14/06 1. The Proposed Mitigated Negative Declaration has been completed in compliance with CEQA; and, 2. The Proposed Mitigated Negative Declaration was presented to the Planning Commission, and the information contained therein was considered by the Planning Commission, prior to recommending action on the project for which it was prepared; and, 3. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project; and, 4. The project will not achieve short-term to the disadvantage of long-term environmental goals; and, 5. The project does not have impacts which are individually limited, but cumulatively considerable; and, 6. The project will not cause substantial adverse effects on human beings either directly or indirectly. On motion by Council Member , and seconded by Council Member the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Patrick L. Enright, City Attorney • CITY OF ATASCADERO, CA Tom O'Malley, Mayor 118 ITEM NUMBER: B - 1 DATE: 02/14/06 Exhibit A Proposed Mitigated Negative Deciaration 2005-0063 CITY IAFAT`ASCADERO PROPOSED AHUGATED LZ VZ "r -U .LUIV 4+ —'5—VWa d9V7 El Camino Real, A i-scadero C,r'i -3422 Z03 -X1-3000 ApFgi— +sr sYee owner. Projaet:Tatlam Qw,-GewsalPlan ,5nemdfxms.200 11'ZoeewCbazze=."304f Clano 410!i s �+&1sc�atYiFsr rsmi2aAaL917t1,''TL�44."�!`Z�ii6 per, 4703,471447131-1 Canine Real Awscad_f4 CA 934k 10'Gadon: ART- 11-is59 P-0— Mat fixed Fra jectemmiss of am apmlr--mioc kc a General Am A� % Cie and tai E ora C4odiaonalUse Perne.faaamanme-seiai,ses salsiimed•As dn.+alagmc=lomftdona 1.41-acfe yarcel w1fain the CommercalEmil (CE, amming&M-ki A oja-acm pwfcccsffaesira3ORM Canraa Real will reaam tare Ckzoni= Theremaicazg 1 A& acres . aegaee a Gesxxal i]aay AOX4 01:W MaiDeWft: RaSi6CfHmy I;=.)$ a ZOO Gbbaffrr 10 Rc9161i4fi-F&CtlIV(1:6 waiwacar) f 1€si& a Nc=.- Ue�elG mi 4"nxrlau Z'=% and a xeraas3 aeon *m G: -lmlmfamY9kln SdGim:m7q',i. TbesG*isaG-Ce3SGdakinA1. Xm Reei FaTcwd bail ing consig of r" ant 3-iamff?! resio-ieflaiai ltaiiid s and two ;az ed -ow taildian &zipwd fss cainevcW j Sde an The I e: Dow ami sei*siW use- on thr %ppef fiw, A maximma 40 dweuiq vniM a06 * sgaa.c Ltetcf czaamem ' s an mnc+axd. Imes aa:aim icees wapopowd fws remmul GeDwal PlanPrsizrnticm: General CmamccW j rzoni m: Dirzkt (M" mcEntm 11 L The project does mat have the potential so dude the emizonment 2_ The pnerjectwillnot achevesizort-termtathed ivsmpaflon-a—mmenvimmeml als. 3_ The project doe notimpact Mich are indhri ivaMy hmitsL but cumtlatively cons33e le. 4. The project will not came sutitautial advene effects an homw h eftw disectly of indincthr- Based an the above findings, and the infosmagion cam kesi in the initial stady 20C64-0024(madea part hermfb - refetence anal. an file in the Community Da, t Dep ) it ha. been detammed zha the agave project will not have an adverse imtpact m the eam ro nromt when the fallawk pcoposei miti ztian arm are incogcraw inw the prejed (ate Prqzwed Sr. Srnw :Harr . s+at £ sanac�tgt=. u t sera �?3rra Darts postaai€ iYeDeolbef 5.290-5 FwbHG PArArw t*ndw.: DeDwifm27,2005 AttselmramEs;: - Loefionand2onimg-1hp - Site Flan - LandsapeRm - filradin�Plan - FraposaiIIevans - Bu ldin_:D Compa;arteFloor Pl-o - Building C Composite Floor Pim- Site lmSitte Riau; - lnisalStud2€D3-W,43 119 • • ITEM NUMBER: B-1 DATE: 02/14/06 9 1 ATTACHMENT 6: Draft Resolution B Approval of General Plan Amendment DRAFT RESOLUTION B RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 2005-0015, AMENDING THE GENERAL PLAN LAND USE DIAGRAM DESIGNATION OF APN 029-271-001 FROM GC (COMMERCIAL RETAIL) TO GC/HDR/PD-27 (GENERAL COMMERCIAL/HIGH DENSITY RESIDENTIAL WITH A PLANNED DEVELOPMENT #27 OVERLAY) (4705, 47119 4713 El Camino Real / JRW Group) WHEREAS, an application has been received from JRW Group, Inc., (1900 Spring Street, Paso Robles, CA 93446) Applicant, and Arthur and Mary Jazwiecki, (P.O. Box 547, Atascadero, CA 93423), Property Owners, to consider a project consisting of a General Plan Amendment from GC (General Commercial) to GC/HDR (General Commercial/Residential High Density Residential -16) and Zone Change from CR (Commercial Retail) to CR/RMF- 16/PD-27 (Commercial Retail/Residential Multi -Family -16 with Planned Development Overlay #27) with a corresponding Master Plan of Development and Vesting Tentative Tract Map on a 1.71 -acre site located at 4705, 4711, and 4713 El Camino Real (029-271-001); and, WHEREAS, the site's current General Plan Designation is (GC) General Commercial; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2005-0063 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 General Plan Land Use Diagram 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 General Plan Amendment 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 General Plan Amendment; and, 120 ITEM NUMBER: B-1 DATE: 02/14/06 WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on January 17, 2006, studied and considered General Plan Amendment 2005-0015, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, WHEREAS, the City Council of the City of Atascadero held a public hearing on February 14, 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 takes the following actions: SECTION 1. Findings for Approval of a General Plan Amendment to the Land Use Diagram of Atascadero as follows: 4705, 4711, 4713 El Camino Real (APN 029-271-001): General Plan Amendment from GC (General Commercial) to GC/HDR/PD-27 (General Commercial/High-Density Residential with a Planned Development #27 Overlay). The City Council finds as follows: 1. The proposed amendment is in the public interest. 2. The proposed amendment is in conformance with the adopted General Plan Goals, Policies, and Programs and the overall intent of the General Plan. 0 3. The proposed amendment is compatible with existing development, neighborhoods and the environment. 4. The proposed amendment will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts. 5. The proposed amendment is consistent with adopted General Plan EIR and mitigation monitoring program. 6. The proposed amendment is in the best interest of the City to enact this amendment to the General Plan Land Use Diagram to protect the health, safety and welfare of its citizens and is compatible with existing and proposed development; and, SECTION 2. Approval The City Council of the City of Atascadero, in a regular session assembled on February 14, 2006, hereby resolves to approve General Plan Amendment 2005-0015 consistent with the following: 1. Exhibit B: General Plan Land Use Diagram Amendment 121 • ITEM NUMBER: B-1 DATE: 02/14/06 On motion by Council Member , and seconded by Council Member the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: CITY OF ATASCADERO, CA Tom O'Malley, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Patrick L. Enright, City Attorney 122 Exhibit B: General Plan Amendment & Land Use Diagram Amendment 123 ITEM NUMBER DATE: B-1 02/14/06 -- Proposed change to HDR (High Density Residential), (0.92 Acres) y Proposed to remain GC (General Commercial), (0.79 Acres) w e PARKING TABLE V SITE PLAN.. Existing Designation: tion: ■ General Plan: Commercial Retail ■ Zoning: Commercial Retail Proposed Designation: ■ General Plan: General Commercial / High Density Residential ■ Zoning: Commercial Retail / Residential Multi - Family -16 / PD -27 is • • ITEM NUMBER: B -1 DATE: 02/14/06 ATTACHMENT 7: Draft Ordinance A Approval of Proposed PD -27 Overlay Zone Code Text DRAFT ORDINANCE A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADER09 CALIFORNIA, AMMENDING THE ATASCADERO MUNICIPAL CODE BY APPROVING ZONE CHANGE 2005-0104 TO ESTABLISH PLANNED DEVELOPMENT OVERLAY DISTRICT #27 FOR USE IN THE CR (COMMERCIAL RETAIL) AND RMF - 16 (RESIDENTIAL MULTI -FAMILY -16) ZONING DISTRICTS ON APN 029-271-001 (4705, 47119 4713 El Camino Real / JRW Group) WHEREAS, an application has been received from JRW Group, Inc. (1900 Spring Street, Paso Robles, CA 93446) Applicant, and Arthur and Mary Jazwiecki, (P.O. Box 547, Atascadero, CA 93423), Property Owners, to consider a project consisting of a General Plan Amendment from GC (General Commercial) to GC/HDR (General Commercial/Residential High Density Residential -16) and Zone Change from CR (Commercial Retail) to CR/RMF- 16/PD-27 (Commercial Retail/Residential Multi -Family -16 with Planned Development Overlay #27) with a corresponding Master Plan of Development and Vesting Tentative Tract Map on a 1.71 -acre site located at 4705, 4711, and 4713 El Camino Real (029-271-001); and, WHEREAS, Article 28 of the Atascadero Municipal Code allows for the creation of Planned Development Overlay Zones to promote orderly and harmonious development and to enhance the opportunity to best utilize special site characteristics; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2005-0063 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 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 Text Change application was held by the Planning Commission of the City of Atascadero at which 124 ITEM NUMBER: B-1 DATE: 02/14/06 hearing evidence; oral and documentary, was admitted on behalf of said zoning text amendments; and, 0 WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on January 17, 2006, studied and considered Zone Change 2005-0104, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project, and, WHEREAS, the City Council of the City of Atascadero held a public hearing on February 14, 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 takes the following actions: SECTION 1. Findings for Approval of a Zone Text Change Creating a PD -27 Planned Development Overlay District. The Planning Commission 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 Is existing development standards or processing requirements. SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on February 14, 2006 resolved to introduce for first reading by title only, an ordinance that would amend the City Zoning code text with the following: 9-3.671 Establishment of Planned Development Overlay Zone No. 27: (PD 27). Planned Development Overlay Zone No. 27 is established as shown on the Official Zoning Maps (Section 9-1.102). A Planned Development Overlay Zone No. 27 is established on parcels APN 029-271-001 with a combined gross acreage of 1.71 -acres. The maximum residential density within the planned development shall not exceed 40 residential units along with 8,664 square feet of commercial space. The development standards contained within the Master Plan of Development Document (CUP 2005-0170), as conditioned shall be applied to all future development within the project area, and as follows: a) All site development shall require the approval of a Master Plan of Development. All construction and development shall conform to the approved MasterPlan of Development, as conditioned. b) The Vesting Tentative Tract Map TTM 2005-0076 and any subsequent amendments for the site shall be consistent with CUP 2005-0170. All construction and development shall conform to the approved Master Plan of Development, as conditioned. c) No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved Master Plan of Development. 0 125 ITEM NUMBER: B-1 DATE: 02/14/06 d) The commercial area, residential dwelling units, landscaping, walls and fencing shall be subject to review under the City's Appearance Review requirements consistent with the approved MasterPlan of Development. e) Building setbacks, lot sizes, landscape area, and lot coverage shall be as identified within the approved Master Plan of Development: f) All landscaping shown on the approved landscape plan will be installed by the developer and shall be maintained as approved. g) All utilities, including electric, telephone and cable, along the frontage of, and within the PD and along the project frontages shall be installed and/or relocated underground. h) The property will retain the Commercial Retail zoning district designation. The following allowable uses are proposed for this district within the PD -27 overlay zone: a. Residential Multi -Family (second floor only) b. Broadcast studios; c. Building materials and hardware (indoor only) d. Food and beverage retail sales; e. Furniture, home furnishings and equipment; f. General merchandise stores; g. Mail order and vending; h. Temporary or seasonal sales i. Financial services; j. Health care services; k. Offices; L Small scale manufacturing; m. Temporary offices n. Personal services; o. Light repair services; p. Membership organizations; q. Horticultural specialties r. Schools --business and vocational s. Business support services, where all areas of use are located within a building; t. Farm equipment and supplies (indoor only); u. Funeral services; v. Schools w. Utility service center; x. Libraries and museums; y. Temporary events i) The conditional uses will be consistent with those listed for the underlying Commercial Retail zone. j) All residential and commercial uses shall be consistent with the requirements of the underlying zoning district except as allowed by the Master Plan of Development. k) All trees shown to be protected on the approved Master Plan of Development shall be maintained. Any future tree removal shall require approval per the requirements set forth in the Atascadero native Tree Ordinance. • 126 ITEM NUMBER: B-1 DATE: 02/14/06 On motion by Council Member , and seconded by Council Member the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES NOES: ABSTAIN: ABSENT: ADOPTED: CITY OF ATASCADERO, CA Tom O'Malley, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: is Patrick L. Enright, City Attorney C] 127 11 ITEM NUMBER: B-1 DATE: 02/14/06 ATTACHMENTS- Draft Ordinance B Approval of Proposed Zoning Map Change DRAFT ORDINANCE B ORDINANCE OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 2005-01059 AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF APN 029-271-001 FROM CR (COMMERCIAL RETAIL) TO CR/RMF- 16/PD-27 (COMMERCIAL RETAIL/RESIDENTIAL MULTI -FAMILY - 16/PLANNED DEVELOPMENT OVERLAY #27) (47059 47119 4713 El Camino Real / JRW Group) WHEREAS, an application has been received from JRW Group, Inc. (1900 Spring Street, Paso Robles, CA 93446) Applicant, and Arthur and Mary Jazwiecki, (P.O. Box 547, Atascadero, CA 93423), Property Owners, to consider a project consisting of a General Plan Amendment from GC (General Commercial) to GC/HDR (General Commercial/Residential High Density Residential -16) and Zone Change from CR (Commercial Retail) to CR/RMF- 16/PD-27 (Commercial Retail/Residential Multi -Family -16 with Planned Development Overlay 06 #27) with a corresponding Master Plan of Development and Vesting Tentative Tract Map on a 1.71 -acre site located at 4705, 4711, and 4713 El Camino Real (029-271-001); and, WHEREAS, the Planning Commission has recommended that the site's current General Plan Designation be changed from GC (General Commercial) to GC/HDR (General Commercial/High Density Residential); and, WHEREAS, the site's current zoning district is CR (Commercial Retail); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2005-0063 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 128 ITEM NUMBER: B -1 DATE: 02/14/06 hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendments; and, 0 WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on January 17, 2006, studied and considered Zone Change 2005-0105, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, WHEREAS, the City Council of the City of Atascadero held a public hearing on February 14, 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 takes the following actions: SECTION 1. Findings for Approval of a Zone Change to the Official Zoning Map of Atascadero Changing the existing site zoning to CR/RMF-16/PD-27. 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 17, 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 129 • • ITEM NUMBER: B-1 DATE: 02/14/06 On motion by Council Member , and seconded by Council Member the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES ABSTAIN: ABSENT: ADOPTED: CITY OF ATASCADERO, CA ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Patrick L. Enright, City Attorney Tom O'Malley, Mayor 130 ITEM NUMBER: B-1 DATE: 02/14/06 Exhibit A: Zone Map Amendment Diagram Existing Designation: -Commercial Retail Proposed Designation: Commercial Retail /PD -27 Residential Multi -Family -167 PD -27 131 • • • ATTACHMENT 9: Draft Resolution C Approval of Proposed Master Plan of Development DRAFT RESOLUTION C RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADER09 CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2005-0170 (MASTER PLAN OF DEVELOPEMNT) ON APN 029-271-001 (47059 47119 4713 El Camino Real / JRW Group) WHEREAS, an application has been received from JRW Group, Inc. (1900 Spring Street, Paso Robles, CA 93446) Applicant, and Arthur and Mary Jazwiecki, (P.O. Box 547, Atascadero, CA 93423), Property Owners, to consider a project consisting of a General Plan Amendment from GC (General Commercial) to GC/HDR (General Commercial/Residential High Density Residential -16) and Zone Change from CR (Commercial Retail) to CR/RMF- 16/PD-27 (Commercial Retail/Residential Multi -Family -16 with Planned Development Overlay #27) with a corresponding Master Plan of Development and Vesting Tentative Tract Map on a 1.71 -acre site located at 4705, 4711, and 4713 El Camino Real"(029-271-001); and, WHEREAS, the Planning Commission has recommended that the site's General Plan Designation be changed from GC (General Commercial) to GC/HDR (General Commercial/High-Density Residential); and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be changed from CR (Commercial Retail) to CR/RMF-16/PD-27 (Commercial Retail/Residential Multi-Family-16/Planned Development Overlay #27); and, WHEREAS, the PD -27 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 2005-0063 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, 132 WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on January 17, 2006, studied and considered the Conditional Use Permit 2005-0170 (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 held a public hearing on February 14, 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 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 -27 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; 7. Benefits derived from the Master Plan of Development and PD -27 overlay zone cannot be reasonably achieved through existing development standards or processing requirements; and, 8. That the project does not include the standard Council -required landscape buffering adjacent to single-family residential zoned properties which occurs on the north side of the project site. 133 • 9. That the characteristics of a use or its immediate vicinity do not necessitate the number of parking spaces, type of design, or improvements required by the parking code and that reduced parking will be adequate to accommodate on the site all parking needs generated by the use. SECTION 2. Findings for Approval of Tree Removal. The City Council finds as follows: 1. The trees are obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: ■ Early consultation with the City; ■ Consideration of practical design alternatives; ■ Provision of cost comparisons (from applicant) for practical design alternatives; ■ If saving tree eliminates all reasonable uses of the property; or ■ If saving the tree requires the removal of more desirable trees. SECTION 3. Approval. The City Council of the City of Atascadero, in a regular session assembled on January 17, 2006, resolved to approve Conditional Use Permit 2005-0170 (Master Plan of Development) and Tree Removal Permit subject to the following: 1. EXHIBIT A: 2. EXHIBIT B: 3. EXHIBIT C: 4. EXHIBIT D: 5. EXHIBIT E: 6. EXHIBIT F 7. EXHIBIT G: 8. EXHIBIT H: 9. EXHIBIT 1: 10. EXHIBIT J: 11. EXHIBIT K: • Conditions of approval / Mitigation Monitoring Program Master Plan of Development/Site Plan Landscape Plan Elevations Building A Composite Plan Building B Composite Plan Building C Composite Plan Building D Composite Plan Grading & Drainage Plan Tree Resource Assessment Color and Materials 134 On motion by Council Member , and seconded by Council Member the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: CITY OF ATASCADERO, CA ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Patrick L. Enright, City Attorney 135 Tom O'Malley, Mayor • • EXHIBIT A: Conditions of Approval I Mitigation Monitoring Program 0 1 PD -27 Master Plan of Development (GPA 2005-00151ZCH 2005-0104/ZCH 2005-0106/CUP 2005-0170) • 136 Timing Responsibility Mitigation Conditions of Approval 1 /Monitoring Measure Mitigation Monitoring Program PS: Planning Services BL: Business BS: Building Services License FD: Fire Depart nent El Camino Court GP: Grading Peron PD: Police Department PD-27 Master Plan of Development linPermit CE: CM Engineer Fl: Final Inspeclibn WW: Wastexatw T0: Temporary CA Cly Allomey Occupancy F0: Final Occupancy Planning Services 1. The approval of this zone change and use permit shall become final and FM P9 effective following City Council approval. 2. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits thirty (30) days following the City Council approval of ZCH 2005-0104 and ZCH 2005-0105 upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 3. The Community Development Department shall have the authority to BP / FM PS, CE approve 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. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps unless appealed to the City Council. 4. Approval of this Conditional Use Permit shall be valid for twelve (12) BP ! FM PS months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. 5. The applicant shall defend, indemnify, and hold harmless the City of Ongoing PS Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision 6. All subsequent Tentative Map and construction permits shall be BP / FM PS, CE consistent with the Master Plan of Development contained herein. 7. All exterior elevations, finish materials and colors shall be consistent BP PS with the Master Plan of Development as shown in EXHIBIT B through K 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. Side and rear residential elevations shall match the color, architectural detail, materials, window and door detail, roof eaves, trellis elements, balconettes, iron accents, and shutter accent elements of the proposed front elevations, as conditioned. 136 Conditions of Approval / 'riming Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services El Camino Court License FD: Fre Department PD -27 Master Plan of Development GP: Grading Pend) BP: Building Perna PD: Police Department CECoDglneer FI: Final irkv iDn WW: Wastewater TO: Temporary CA Co Attomey Occupancy F0: Fnal Omupancy Decorative iron accents as shown on the proposed elevations shall be of architectural quality. Pre -cast architectural ornaments from manufactured stone or similar shall be placed in front building elevation A and B roof gable area of as identified on Building Exhibit D, subject to staff approval. Vinyl frame windows and grids shall be taupe or beige in color, subject to staff approval. All trash storage, recycle storage, and air conditioning units shall be screened from view behind architecturally compatible or landscaped enclosures. Any proposed exterior street, pedestrian, or building mounted light fixtures shall be of architectural grade and design and shall be compliment the architectural style, subject to staff approval. As proposed by the applicant, stucco siding shall be smooth troweled on buildings A and B (front buildings along EI Camino Real), and may be smooth sand finish or similar finish on Buildings C and D (rear buildings). Tile roofs shall be architectural grade per Exhibit K. 8. Metal car port structures shall be of simple high-quality design and BP PS, BS material and be of color(s) to match or compliment the proposed on-site building body colors, subject to staff approval 9. All site work, grading, and site improvements shall be consistent with BP/FM PS, BS, CE the Master Plan of Development as shown in EXHIBIT B though I. 10. A final landscape and irrigation plan shall be approved prior to the BP PS, BS 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. ■ London Plane street trees shall be provided along EI Camino Real at a maximum spacing of 30 feet on center per Exhibit C. • Proposed landscape plant materials shall include the primary use of native and drought -resistant trees, shrubs and groundcovers, subject to staff approval. ■ Street and open space trees shall be minimum 15 -gallon size and double staked. ■ Increase the tree planting in areas adjacent to single-family residential along the northern portion of the project site to create a visual landscape screen between the properties. • In order to meet the 25% landscape code requirement, the proposed decorative paving entry shall be applied on-site in the following areas: At the project entry of EI Camino Real to the central open 137 • • Ll • • Conditions of Approval / riming Responsibility (Monitoring Mitigation Measure Mitigation Monitoring Program PS: Planning Services BL: Business BS: Building Services El Camino Coult License GP: Grading Pemtit FD: Fora epartmen4 PD: Police Department PD -27 Master Plan of Development BP: Building Pe nil FI: Final inspection CE: CO Engineer WW: Wastewater TO: Temporary CA CO Attorney Occupancy FO: Final Occupancy space parking area; and at the two "crosswalk" areas within the parking lots. Decorative pavement location, color and style are subject to staff approval. 11. All project fencing shall be installed consistent with EXHIBIT B and C GP/BP PS subject to the following modifications: ■ A solid masonry wall of not less than six (6) feet in height shall be placed and maintained on interior lot lines abutting property zoned for single family residential use. Colors and materials of walls and any other fencing shall be of architectural quality and match or compliment proposed buildings, subject to staff approval. 12. Final selection of colors and materials identified in EXHIBIT I shall be GP/BP PS subject to staff approval. 13. Affordable Housing Requirement: The applicant shall deed restrict the GP/BP PS, CA following minimum residential units for 45 years, prior to or concurrently with the final map, as follows: ■ 6 units at the low-income rate. All units shall be distributed throughout the project, subject to staff approval., 14. 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/z 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. 15. Any future development signage shall be architecturally compatible with BP PS the proposed buildings. All future signage shall be subject to the review and approval of planning staff. No signage shall be placed above the first floor roofline. No signage shall be permitted facing the proposed 138 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL Business BS: Building Services El Camino Court License FD: Fre Department PD -27 Master Plan of Development GP: Grading Penna BP: Building Penna PD: Police Department CE: City Engineer FL Finallrrs)WiDn WW: Wastewater TO: Temporary CA City mm" Occupancy F0: Final Occupancy residential uses. 16. An accurate Tree Protection Plan shall be prepared for encroachment GP/BP PS within the drip line of native trees located on or adjacent to the subject parcel. The applicant will contract with a certified arborist to monitor all activity within the drip lines of existing native oak trees. 17. 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 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. 18. 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. a) All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. b) All parks, trails, recreational facilities and like facilities. c) All open space and native tree preservation areas. d) All drainage facilities and detention basins. e) All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. 139 • • • • Ll Conditions of Approval / 'riming Responsibility !MonitEnn Mitigation Measure Mitigation Monitoring Program PS: PlanningBLBusiness E/ Camino Court Renee Permit BS: Building FD: Foe DepGP:Griming PD: Poke Dt PD -27 MasterPlan of Development BP:BugdungPenM FI: Final Inspectbn CE: City Engineer WW: Wastewater TO: Temporary CA City Attorney Occupancy F0: Final Occupancy f) All frontage landscaping and sidewalks along arterial streets 19. Prior to final map, the applicant shall submit CC&Rs for review and BP PS, BS 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. b) A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. c) Individual unit's responsibility for keeping all trash receptacles within the unit's designated area. d) 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. 20. Approval of this permit shall include the removal of 3 Native Oak Trees, BP PS, BS totaling 74 inches dbh. The applicant shall be required to pay mitigation fees or provide replantings on-site per the requirements of the Atascadero Native Tree Ordinance. Any additional removals shall be subject to Planning Commission approval. 21. Sit down eating and drinking establishments, restaurants, and similar Ongoing PS uses of high parking demand not listed in the permitted or conditionally permitted uses of PD -27 may not be permitted on the project site per the project shared parking program. 22. The mixed-use (residential/commercial) buildings shall be constructed BP PS, BS before or simultaneously with the residential portion. Buildings with commercial use shall be permitted first and the first permit to be finaled in the project shall be these mixed-use building permit(s). 23. Shared parking program shall be managed by an on-site manager. On- BP PS, BS site parking shall identify a minimum of one full-size covered parking space for each residential unit. Shared parking spaces shall be located adjacent to Buildings A and B (Mixed -Use Buildings) and shall be available for commercial space use and residential guests. Parking signage shall be placed on-site directing visitors and commercial use patrons to the appropriate parking space locations. City Engineer PROJECT SPECIFIC CONDITIONS 140 Conditions of Approval / Timing Responsibility Mitigation /Monitoring Measure Mitigation Monitoring Program PS: Planning Services BL, Business BS: Building Services El Camino Court License GP: Grading Permit FD: Fire Departrnent PD: Police Department PD -27 Master Plan of Development BP: Building Permit Ce Cly engineer FI: Final Inspection WW: Wastewater TO: Temporary CA City Attorney Occupancy F0: Final Occupancy Drainage: 24. The applicant shall provide on-site storm water detention in accordance BP, GP CE with City Engineering Standards. Plans and supporting calculations will be reviewed at the time of grading permit application submittal. Public Improvements and Maintenance: 25. San Anselmo Road shall be improved from the southwesterly exit BP, GP CE from the K -Mart plaza to the intersection of San Anselmo and Highway 101. Existing pavement on the northerly side of San Anselmo shall be widened to provide for a 6' median, two 12' lanes, a 4' bike lane, and City standard curb, gutter, and sidewalk. 26. Full frontage improvements shall be required on EI Camino Real BP, GP CE Improvements shall match those on either side of the project to provide for a smooth curb, gutter, and sidewalk alignment. FM CE 27. The applicant must provide for the repair and maintenance of on-site shared improvements. This includes roads, sidewalks, street trees, streetlights, private sewer system, drainage facilities, recreation areas and common landscaping. The two methods that may be used are: a. Homeowners Association. This private organization would be responsible for the maintenance, repair and replacement of the facilities. b. Assessment District and Landscape and Lighting District. Funds for the maintenance, repair and replacement of the facilities would be collected on the property tax bill and distributed to the City. The City Engineer and City Attorney shall approve the final form prior to recordation. Sanitary Sewer: 28. All onsite sewer mains shall be privately owned and maintained. BP, GP WW 29. Prior to recording the final map, provisions for the repair and BP, GP WW maintenance of the private SS shall be included in the CC&R's for this tract. Included shall be a mechanism to maintain the private sewer and structures, such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation. 30. Applicant shall pay sewer extension (Annexation), Connection and BP, GP WW Reimbursement fees (if applicable) upon issuance of building permit. 31. Gravity mains within the subdivision shall be sized according to City BP, GP WW Standards. 141 • • 17J 142 Timing Responsibility Mitigation Conditions of Approval / /Monitoring Measure Mitigation Monitoring Program PS: Planningsanoces BS: Building Services BL Business License FD: Fire Department E/ Camino Court GP: Grading Permit PD: Police Depadmenl PD-27 Master Plan of Development BP: Boal InsPemll FI: Final Inspection WWasogloeer WW:Wastevmter TO: Temporary CA Cdy Allomey Occupancy F0: Final Occupancy 32. Drainage piping serving fixtures which have flood level rims located BP WW below the elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve 33. All sanitary sewer (SS) mains shall terminate in manholes unless BP WW extension of the main, at some later date, is anticipated. If extension of a SS main is anticipated, said SS main may terminate in a cleanout providing the next downstream manhole is less than 300 linear feet from the cleanout and that the point of termination is not a reasonable location for a SS main angle point or intersection STANDARD CONDITIONS 34. In the event that the applicant is allowed to bond for the public BP, GP CE improvements required as a condition of this map, the applicant shall into a Subdivision Improvement Agreement with the City Council. enter 35. An engineer's estimate of probable cost shall be submitted for review FM CE and approval by the City Engineer to determine the amount of the bond. 36. The Subdivision Improvement Agreement shall record concurrently with FM CE the Final Map. 37. All public improvements shall be constructed in conformance with the BP CE City of Atascadero Engineering Department Standard Specifications and Drawings oras directed by the City Engineer. 38. The applicant shall enter into a Plan Check/Inspection agreement with BP, GP CE the City. 39. The applicant shall be responsible for the relocation and/or alteration of BP, GP CE existing utilities. 40. The applicant shall install all new utilities (water, gas, electric, cable TV FM CE and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 41. The applicant shall monument all property comers for construction BP, GP CE control and shall promptly replace them if disturbed. 42. n Improvement Agreement shall record concurrently with FM CE p . All public improvements shall be constructed in ith the City of Atascadero Engineering Department MThe cifications and Drawings or as directed by the City applicant shall enter into a Plan Check/inspection agreementwith the City The applicant shall be responsible for the relocation and/or alteration of existing utilities The applicant shall install 142 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services El Camino Court License FD: Fire Department GP: Grading Permit PD: Police Depenmenl PD -27 Master Plan of Development BP: BuildngPemrt CE: City Engineer FI: Final Inspectnn WW: Wastewater TO: Temporary CA City Attorney Occrgarq F0: Find Occupancy all new utilities (water, gas, electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement The applicant shall monument all property comers for construction control and shall promptly replace them if disturbed. 43. A preliminary subdivision guarantee shall be submitted for review in FM CE conjunction with the processing of the parcel map. 44. All existing and proposed utility, pipeline, open space, or other FM CE easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 45. Prior to recording the tract map, the applicant's surveyor shall set FM CE monuments at all new property corners or shall indicate, by certificate on the final map, that comers have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 46. Prior to recording the tract map, the applicant shall have the map FM CE reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company, which indicates their review of the map. The letter shall identify any new easements, which may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 47. Upon recording the final map, the applicant shall provide the City with a FM CE black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 48. Prior to the final inspection of any public improvements, the applicant BP CE shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. Mitigation Measures 143 • • • 144 Conditions of Approval / riming Responsibility (Monitoring Mitigation Measure Mitigation Monitoring Program PS: Planning Services BL Business BS: Building Services El Camino Court License GP: Grading Permit FD: Fire Department PD: Poke Department PD -27 Master Plan of Development InspPerection FI: Final Irapectbn Fl: Final WW: CityEngineer WW: Wastewater TO: Temporary CA Cry Attomay Occupancy F0: Final Occupancy Timing Responsibility Mitigation Exhibit A /Monitoring Measure Mitigation Monitoring Program GP: Grading Permfl PS: Planning Services El Camino Court - General Plan Amendment 2005-0015 / Zone Chan g a BP: Building Pend BS: Building Services 2005-0104 / Zone Change 2005-0105/ Conditional Use Permit 2005-0170/ g TO: Temporary FID: Fire DepaMnard PD: Police Department TTM 2005-0076 Occupancy FI: Final inspection CE: City Engineer W W: Wastewater F0: Final Occupancy CA City Altomey 4705, 4711, 4713 EI Camino Real AMC: WaterConp. Mitigation Measure 1.c.1: The following landscape mitigations shall BP BS, PS, CE apply: ■ Fencing shall be complimentary in color and material to the proposed architectural theme. ■ The project landscaping shall include street trees along EI Camino Real street frontage. ■ All proposed trees shall be shade trees of 15 -gallon minimum size and shall be double staked. Mitigation Measure 1.e,2: The proposed buildings shall include the use BP SS, PS, CE 1.c.2 of earth tone paint and roof colors. Mitigation Measure 1.d.1: If exterior parking lot lighting is proposed, it BP BS, PS, CE i.d.1 shall be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminary pole height shall not exceed 14 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the site. Fixtures shall be shield cut-off type and compatible with neighborhood setting, subject to staff approval. Mitigation Measure 3.b.1: The project shall be conditioned to comply BP, GP BS, PS, CE 3.b.1 with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment • Maintain all construction equipment in proper tune according to manufacturer's specifications. ■ Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). ■ Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. • Install diesel oxidation catalysts (DOC), catalyzed diesels articulate 144 Conditions of Approval / Mitigation Monitoring Program El Camino Court PD -27 Master Plan of Development Timing BL: Business License GP: Grading Permil BP: Building Pernit FI: Final Insp *n TO: TanWrary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA C ty Attorney Mitigation Measure filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques ■ Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. ■ Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. • Limit the length of the construction workday period, if necessary. ■ Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency will be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. C. All dirt stockpile areas shall be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re -vegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that designated for reworking at dates greater than one month after initial grading shall be sown with a fast -germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved shall be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. L. The contractor or builder shall designate a person or persons to 145 C7 C, 0 • Conditions of Approval / Timing Responsibility (Monitoring Mitigation Measure Mitigation Monitoring Program PS: Planning Services E/ Camino Court BL: Business License GP: Grad'mg Penral BS: Building Services FD: Fire ee annient Department PD: Police Departrrenl PD -27 Master Plan of Development BP: Building Paring FI: Final Inspection CE: City Engineer WW: Wastewater TO: Temporary CA City Attorney Occupancy FO: Final Occupancy monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 4.e.1: Grading and excavation and grading work BP PS, BS shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 13. All existing trees outside of the limits of work shall remain. 14. Earthwork shall not exceed the limits of the project area. 15. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 16. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 17. 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. 18. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal Mitigation Measure 4.e.2: All recommendations contained within the BP PS, BS 4•e'2 project arborists report prepared by Tree Resources Assessment, Barbella's Tree Service shall be applied to the proposed project in terms of each native tree proposed for removal and each tree within the project area subject to potential impact. All native tree impact/replacements shall be per the Atascadero Municipal Code Section 9-11.105. Mitigation Measure 4.e.3: The developer shall contract with a certified BP PS, BS 4.e.3 arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining an arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c) As specified by the arborist report and City staff: ■ Prune all trees inactive development areas to be saved for 146 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services El Camino Court Licence GP: Grading Permit FD: Fre Department PD: Police Department PD -27 MasterPlan of Development BP: Building Permit CE: City Engineer FI: Final Inspection WW: Wastewater T0: Tenporary CA C y Attorney Occupancy F0: Final Occupancy structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ In locations where paving is to occur within the tree canopy, grub only and do not grade nor compact. Install porous pavers over a three-inch bed of 3/4 inch granite covered with one -inch pea gravel for screeding. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one -foot by one -foot pothole every four to six linear feet. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. . (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction - related tree protection measures are no longer required for tree protection. Mitigation Measure 4.e.4: All tree removals identified in the Tree BP PS, BS 4.e.4 Resources Assessment, dated 7/19/05 shall be mitigated as prescribed by the Atascadero Native Tree Ordinance, Mitigation Measure 5.b.1: Design an appropriate Phase II archaeological GP PS, BS, CE 5.b.1 sampling strategy. Mitigation Measure 5.b.2: Monitoring of all earth disturbance by a GP PS, BS, CE 5.b.2 qualified subsurface archaeologist and native monitor during construction activities. Mitigation Measure 5.b.3: Cultural soils must remain on site of they are GP PS,BS,CE 5.b.3 moved and/or disturbed. Mitigation Measure 6.b.1: The grading permit application plans shall BP, GP PS, BS, CE 6.b.1 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. 147 • • • • Conditions of Approval / 'riming Responsibility /Monitoring Mitigation Measure Mitigation Monitoring Program PS: Planning Services BL Business BS: Building Services E/ Camino Court License GP Grading Permit FD: Fire Department PD: Police Department PD -27 Master Plan of Development B� Building Perrin FI: Finallnspecton CE: City Engineer WW: Wastewater TO: Temporary CA City Attorney Occupancy F0: Final Occupancy Mitigation Measure 6.c.1: A soils report shall be required to be submitted BP,GP PS,BS,CE 6.c.1 with a future building permit by the building department. Mitigation Measure 7.b.1: Per the Phase I Environmental Site BP PS Assessment, further investigation of the former commercial building area is necessary to better determine if the site had been adversely impacted by previous auto garage or painting use Mitigation Measure 8.e.f.1: The developer is responsible for ensuring GP PS, BS, CE that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders Mitigation Measure 11 AA : All construction activities shall comply with BP, GP PS, BS, CE 11.d.1 the City of Atascadero Noise Ordinance for hours of operation, and as follows: 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 Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors may modify the hours of construction. 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. Staff shall approve the details of such a sign during the Gradin Plan/Building Permit review process. W. Conditions of Approval / Mitigation Monitoring Program E/ Camino Court PD -27 Master Plan of Development Timing BL Business License GP: Grading Permit BP: BuildingPermil FI: Final Inspecibn TO: Tenporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Departunt PD: Police Department CE: CityEngheer WW: Wastewater CA City Attorney Mitigation Measure BP, GP PS, BS, CE 13.1 Mitigation Measure 13.1: Project Road and Landscape Maintenance and Emergency Services Funding: The emergency services and road maintenance costs of the project shall be 100% funded by the project in perpetuity. The service and maintenance cost may be funded through a benefit assessment district or other mechanism established by the developer subject to City approval. The funding mechanism must be in place prior to or concurrently with acceptance of the any 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 and the coordination and performance of maintenance activities shall be by the City a) All Atascadero Police Department service costs to the project. b) All Atascadero Fire Department service costs to the project. c) All streets, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. d) All parks, trails, recreational facilities and like facilities. e) All open space and native tree preservation areas. f) All drainage facilities and detention basins. g) All common landscaping areas, street trees, medians, parkway planters, manufacture slopes outside private yards, and other similar facilities. h) All drainage facilities and detention basins. i) All common landscaping areas, street trees, medians, parkway planters, manufacture slopes outside private yards, and other similar facilities. 149 • CI • • 1-1 • Conditions of Approval ! Timing Responsibility /Monitoring Mitigation Measure Mitigation Monitoring Program Po: Planning Services BL Business BS: Building Services E/ Camino Court t GP:R Grading PernN FD: Fire Depadment PD: police Department PD -27 Master Plan of Development BP. BlinPemrt FI: Finnalalinspection CE::ityW Engineer WW: Wastewater TO: TemQorary CA: City Attorney Occupancy F0: Fatal Occupancy Mitigation Measure 15.a: The project shall widen west bound San BP PS, BS, CE 15.a Anselmo, between the US 101 north bound on-ramp and the K -mart driveway, to provide a landscaped median, two west bound lanes and a bike lane. This work will require approval by Caltrans. This improvement will provide a dedicated lane for traffic entering the US 101 north bound on ramp, which will improve the operation of the US 101 north bound off ramp and east and west bound San Anselmo._ This project is required to pay Development Impact Fee per the Circulation System of Atascadero. The design and construction of these improvements is eligible for credit to the fees. The actual design and construction costs must be submitted to the City for credit. Administration of designing, approval and construction of these improvements is not eligible for credit to the fees. _77= 150 HIB s Master Pl_ of Development/Site _ 151 0 0 � • • EXHIBIT C: Landscape Plan 152 • • • EXHIBIT E: Building A Composite Plan 154 EXHIBIT F: Building B Composite Floor Plan 155 ttttKu r -UUr%. BUILDING COMPOSITE ' • • • • • EXHIBIT G: Building C Composite Plan SECOND FLOOR UKUUNI) rLUVK BUILDING'C' COMPOSITE PLANS 156 EXHIBIT H: Building D Composite Plan SECOND FLOOR GROUND FLOOR 157 • • L] • • EXHIBIT 1: Grading and Drainage Plan - ,1 t;AMJ Q REAL A, CONCEPT GRADING YPLAN__ 158 EXHIBIT J: Tree Resource Assessment Hi'MODUCTION TREE RESOURCES ASSESSMENT FOR THE MWED USE DEVELOPMENT 4705,471 land 4713 El Camino Real Atascaderu, California Assessor's Parcel 029-271-001 BarbdWs Tree Service conducted a tree assessment for the 1.71 acre El Camino Real project site, located in. the city of Atascadero, California. The site is located in. San Luis Obis�p County, south of Valde7 Avenue on El Camino Real, in the -Coastal Range at an elevation between.922 and, 955 Tea based upon the basis of elevation benchmark found at thenortheast corner of El Camino Real and East Mall, having and elevation of 100.00 NAND88. Five existing structures were found onthe property (refer to the enclosed Topographic Survey, Figure 2). According to the: developer, these existing structures are scheduled for denidlition within the next few weeks. 'rhe majority of the project site is currently an undeveloped property surrounded byresidences on two sides.(northwestland northeast) and a,commercial shopping center along its southeast border. The southwestern- property boundaryVarallels El Camino Real, and U.S. Highway 101 (refer to the location map, Figure 1.). The site slopes gently from rear to front at 5 to 10% gradients. REGULATORY FRAMEWORK The City of Ataseaderds Native Tree Regulations (Title 9. Chapter I I of the Auscadem Municipal Code),includes native the protection of trees with a diameter at breast height (dbh) of at least two (2) inches for deciduous native oaks, California Sycamore. (Pianim Racernosa Nutt) and madrones (Arbutus.Adenzie-vil), or four (4) inches dbh or greater for all other protected native trees. The Ordinance is in effect to promote the preservation, maintenance and regeneration of natural flora and: Inuna which enhance the cGrnmunity of Atascadem. Removal of trees meeting the above criteria are regulatedby,flus -ordinance, and require the development of a tree protection plan for new development which may impact native trees. Mk-MODOLOGY Field, Assmment A field survey of the site was conducted during a site visit by Barbella's Tree Service arborist during June, 2005. Tree location survey data was provided by Wilson Land. Surveys (refer to 0 El Camino "art Mud Um thvt1opmatt Pest I 159 0 0 0 ;7 • • Figure 2), mid confirmed while on-site by John'Barbella. The trees were located, measured and evaluated. We confirmed data for each regulated tree; indicated on the survey, noting the follovving information: species diame-ter(s) at breast height (4.5 feet above root crown) 4 dripline radius ('feet) 4 health and vigor (poor, fair or good) * structure (poor, fair or good) in addition, notes regarding location and general observations were also recorded. This data was summarized into a spreadsheet and are presented as Appendix A. Data The Vincent Company, Architects provided to BarbelWs Tree Service a piVperty saw'vey, -%k icl included the existing, structure and tree locations (Figure 2). Additionally. a conceptual site design was provided; which included the locations of existing; trees to be preserved, and identified proposed impositions on the drip lines of the trees to re -,Haag. `free assessment information from our field assessment was entered into a spreadsheet for summery and statistical purposes. RESULTS i vegetation Two habitat types occur on the property: Oak woodland and annual grassland. Annual grassland: The majority of -Hie project site contains annual; grassland habitat Most of this habitat.consists of ruderal species common on disturbed sites. Do niinant spccies:iuclu rtttlive grasses, soft chess, vetch, rose clover, yellow star thistle, and wild oat. ori native plantings, including corn, were present in the northeast corner of die site. Oak woodland-- The project site contains several large examples (Yf native Coastal dive Oaks (Quercus jtgrifoliu), with drip lines. exceeding 70 feet in diameter. The muior treessrc iocaltcd in the center front half of the site; and are. identified as trees A, B. C D and E on the Topographic Survey. (Figure Z). Additionally, a Chinese Elm (Uimus Parvi folia) and several non-native trees were found on-site. The oak woodland understory consists of a variety of the same grasses and forbs found within the annual; grassland. areas.. Tree Data The site as evaluated included thirteen trees, of which :f ivc were'c aisidered to be:nativc (C uercaas Agp-• folia, Coastal Live Oaks). The evaluation was limited to the native trees, with rite addition of UCanino Court -A4fiatk.*elievateryaeat Page • 1, e 161 one considered non-native (Ulmus Farvf folia, Chinese Elfin) as it is of size and quality that it may be considered for preservation. The remaining seven trees found on-site include non-native trees such as pines, and are considered outside ofthe City of Atascadero l+lative Tree Ordinance. As such, these trees are considered removable without mitigation, however, the developer may want to consider preservation. of the trees not in the area of development as they exhibit reasonable health and structure and would be an asset for the proposed development. The five native trees were located, measured and evaluated. .Four of the oaks ( trees A, B. C and E ) are single trunk trees, withonly one tree ( tree D) considered a multi -trunk tree ( refer to Figure 2 for locations). Single trunk diameters range from 27 to 34 inches, with imp lines ranging from 48 to 85feet in diameter. Multi -trunked tree diameters range from 18 to 28 inches, with a drip line of 58 feet in diameter. The Chinese Elm (tree F) is a single trunk tree, 16 inches in diameter, with a 24 foot drip line diameter. Health, Vigor, Structure All five of the native trees (100%) were assessed to be ingoodhealth and have good structure. In regards to the health and vigor, only tree F was rated as fair, with all remaining trees rated as good. The majority of the problems with individual trees include crowned and suppressed growth form, poor branching structure, and issues relating to proximity to buildings proposed for demolition and associated work, CONCLUSION & RECOMMENDATIONS In : evaluating the trees and reviewing the proposed development, it appears that the most significant examples of the Coastal Live Oak ( u,=s.A, B and C) are excellent candidates for preservation, Due to their location adjacent to:buildings to be demolished, it appears that trees D' and E will likely sustain damage to -their root systems due to heavy equipment and excavations which makes, them less likely to survive the development. On this basis, these trees may require removal and mitigation measures as noted in the City ofAtaseadero Native Tree Ordinance. Other non-native trees (especially in the northeast comer of the site) fall into areas of the development where they may be retained, however, this will depend largely on grading operations required for the development, In regards to specific recommendations for this development, they are as follows: At trees A and B,,grading will not be permitted within a X-0" radius of the base of each. tree. Cuts required adjacent to these zones shall be reviewed by the arborist prior to commencing the work. The addition of any fill to raise grades within this zone is prohibited. At tree C, the existing adjacent grade shall be maintained for a distance of at least 12 feet from the property line. detaining walls shall be installed: where cuts are required outside of the 12 foot limit, with french; drains installed at the base to prevent the accumulation of EI Catnino Court MUM use Lkwdopweut I!Igt 3 • • • moisture in the root zone. At the cut for the retaining wall, proper root pruning by an. arborist is required for all roots one inch diameter and larger. 1 Adequate barriers [protection shall be provided at trees to be preserved to keep heavy equipment from driving over the roots within the drip line of each tree. The arborist shall be consulted in establishing the limits of these protection measures. Tree pruning for trees A. B and G shall remove dead wood only. The canopy shall not be thinned, however, lower branches may be trimmed up to allow.for vehicular and pedestrian traffic. I:andscaping under the canopy of trees to be preserved-thall utilize native plants where possible; and shall incorporate non -watering landscape techniques. Large, 6 inch diameter river -rock may be used at the base of the trees to protect trunks. Areas under the canopy may be;provided with either crushed walk (DG) or wood chip mulch to provide weed control and water retention. Walkways and seating areas under the canopy may provided, Interlocking pavers with sand filled joints (to allow natural drainage) shall be provided for these uses. Cast -in place concrete isnot acceptable. lil C amine Cmart Mixed Ust Development fait 4 �J L_ J 162 163 • • E 164 Fllt `oma0 Earp; EM E ,m E E, Qalo 0o E '0 'CL, gp -ID 0:2�o mo 0 tD — a 9�� 4) — wl�Br 0) CL 0 M 'Zoo-, ta 0 E co in Cb -sc 0 K L CD Im 0 = 0 M 0 CV 0 Z 0 C%4 0 Z C o 2 c = m c 1:1 4),0 iCG0 0 a ar 'o co 43 12 -2 * E E E E 7 o 5 L E a 0 rr 0 E, Mm= IV (Dro I-V ED(D W 0 4) to - = _j >1 Im ca Ci a On U_ CD cm CD 00 o Cq 00 CSl0 CD N CilC4 CY 0 CD 0 0) cm 0.1 IRk ay LL 164 EL CAl' INO lEAL CONCEPT SITE'PLAN 165 • • • .,a. .� WST usuo ar rK ns � � •^� � � ^ � LOT 55 E` TREES �.. � �Y\ � ice,,.; �4P '� xax � I _�. \\ \�\*, \�`\ \ \.�, \\ \., ``-�'< • �` : TJdNIW IAMI rp r.. �lln„� , ,\ \ .,,• V), ' \ •,\ NebTNo /u6YNC � 1 'iYn61YN N PIN[L LOT 66 6 l ca \ \ Nt?N NATIVE TREES I 4E IM6ERGROLHO UTKES 6AM 86! MAFNINP6 MAPF T '•+� MERE aAY 'Tl B€ OTHER \\� i ' �»�- aroo aae(fi •+�-+ss•. AT EMT MI lm 8TE TEa.T ,\ , � �, � AfIbWIMIIP.e9:�/a6•G NON aE'ARLYPFFMlED \ \ 7 ME'TDAE PP ME ISELID Y a 1766Td ON THIS PLAN.. `� « .wry AT THE BEN&IAAARN FOR ^Ir -7s. �!. !AA LAST MALL HAVING AN'EIi4ATlC r --/I J 166 EXHIBIT K: Color Samples MIXED"' USE DEVELOPMENT COLOR SCHEME 'A MATERIAL: SPANISH PROFILE CONCRETE TILE MANUFACTURER` MONIER - LIFETILE COLOR: NO. 2BCCS6464"CALIFORNIA MISSION BLEND" 167 PAINT MANUFACTURER: SHERWIN WILLIAMS • O- 6001 "GRAYISH" BQU COLOR: MATERIAL: PAINT MANUFACTURED:. SHERWIN WILLIAMS COLOR. SW 6060 "MOROCCAN BROWN" 6 i7.'MiCCEbjT RAIL CQLMS,* MATERIAL. PAINT MANUFACTURER: SHERWIN WILLIAMS COLOR: SW -6160 "UNIVERSAL KHAKI" COLOR: SW 6666 "ENJOYABLE YELLOW' ]RON RA LINAGS0.1DR' MATERIAL: METAL / WOOD MANUFACTURER: SHERWIN WILLIAMS COLOR: SW 6258" TRICORN BLACK' STORMONT LIRM C0 Off_: MATERIAL: PAINT MANUFACTURED: BENJAMIN MOORE COLOR: 2006-10 "REED ROCK" FASCIA COLOR; MATERIAL: PAINT MANUFACTURER: SHERWIN WILLIAMS COLOR: SW 6001 "GRAYISH" AWNING COLOR:, MATERIAL: FABRIC / CANVAS MANUFACTURED: MATCH SHERWIN WILLIAMS COLOR: MATCH "CLASSIC BURGUNDY"' • • • • MIXED USE DEVELOPMENT COLOR SCHEME W %)QEl G MATERIAL: SPANISH PROFILE CONCRETE TILE MANUFACTURER: MONIER - LIFETILE COLOR: NO. 2BCCS6464 "CALIFORNIA MISSION BLEND" MATERIAL: PAINT MANUFACTURER: SHERWIN WILLIAMS COLOR: SW 6001 "GRAYISH" BODY CD10 MATERIAL: PAINT MANUFACTURER: SHERWIN WILLIAMS COLOR: SW -6150 "UNIVERSAL KHAKI" MATERIAL: PAINT MANUFACTURER: SHERWIN WILLIAMS COLOR: SW 6060 "MOROCCAN BROWN" r Hall, MATERIAL: METAL / WOOD MANUFACTURER: SHERWIN WILLIAMS COLOR;: SW 8268 TRICORN BLACK` I M!C LOB: MATERIAL: MANUFACTURER: COLOR: PAINT BENJAMIN MO ORE 2005-10 "RED ROCK" FASCIA EDIA&I MATERIAL: FAINT MANUFACTURER: SHERWIN WILLIAMS C(OLO)R: SW 5001 "GRAYISH" "S Ar'l-'C r-T"T'! 7' "T 1"4 T"1 T`1'tilr"'V -r-T" -V 'ri "t\ 1 L'T4"IL Tr -r-% MATERIAL: SPANISH PROFILE CONCRETE TILE MANUFACTURER: MONIER - LIFETILE COLOR: NO, 2BCCS6464 "CALIFORNIA MISSION BLEND" BASE COLOR (GRO-UM FLOOR )YALM; MATERIAL: PAINT MANUFACTURER: SHERWIN WILLIAMS COLOR, SW 6001 "GRAYISH" ......IRODY x60- MATERIAL. PAINT MANUFACTURER: SHERWIN WILLIAMS COLOR: SW 6060 "MOROCCAN BROWN`' ACCENT WALL =.DR:a MATERIAL: PAINT MANUFACTURER: SHERWIN WILLIAMS ._.,..' ... �.:' .._, COLOR: SW 6666 "ENJOYABLE YELLOW MN RAJUNGS COLOR: MATERIAL: METAL / WOOD MANUFACTURER: SHERWIN WILLIAMS COLOR: SW 6258'"TRICORN BLACK" MATERIAL: PAINT MANUFACTURER: BENJAMIN MOORE COLOR°. 2005-10 "RED ROCK' FASM CWR MATERIAL: PAINT MANUFACTURER: SHERWIN WILLIAMS COLOR: SW 6150 "UNIVERSAL KHAKI" 169 • • • • ATTACHMENT 10: Draft Resolution D Approval of Proposed Vesting Tentative Tract Map DRAFT RESOLUTION D RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP 2005-00769 COMMERCIAL/RESIDENTIAL MIXED USE AIRSPACE CONDOMINIUM TRACT CONSISTENT WITH A MASTER PLAN OF DEVELOPMENT ON APN 029-271-001 (47059 47119 4713 El Camino Real / JRW Group) WHEREAS, an application has been received from JRW Group, Inc. (1900 Spring Street, Paso Robles, CA 93446) Applicant, and Arthur and Mary Jazwiecki, (P.O. Box 547, Atascadero, CA 93423), Property Owners, to consider a project consisting of a General Plan Amendment from GC (General Commercial) to GC/HDR (General Commercial/Residential High Density Residential -16) and Zone Change from CR (Commercial Retail) to CR/RMF- 16/PD-27 (Commercial Retail/Residential Multi -Family -16 with Planned Development Overlay #27) with a corresponding Master Plan of Development and Vesting Tentative Tract Map on a . 1.71 -acre site located at 4705, 4711, and 4713 El Camino Real (029-271-001); and, WHEREAS, the Planning Commission has recommended that the site's General Plan Designation be changed from GC (General Commercial) to GC/HDR (General Commercial/High-Density Residential); and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be changed from CR (Commercial Retail) to CR/RMF-16/PD-27 (Commercial Retail/Residential Multi-Family-16/Planned Development Overlay #27); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2005-0063 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission has recommended that the site be rezoned to CR/RMF-16/PD-27 (Commercial Retail/Residential Multi-Family-16/Planned Development Overlay #27) consistent with the Master Plan of Development; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, 40 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 170 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 17, 2006, studied and considered Tentative Tract Map 2005- 0076, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and WHEREAS, the City Council of the City of Atascadero held a public hearing on February 14, 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 takes the following actions: SECTION 1. Findings of Approval for Vesting Tentative Tract Map. The City Council of the City of Atascadero finds as follows: 1. The proposed subdivision, design and improvements as conditioned, is consistent with the General Plan and applicable zoning requirements, including provisions of the PD -27 overlay district. 2. The proposed subdivision, as conditioned, is consistent with the proposed Planned • Development Overlay District #27 Master Plan of Development (CUP 2005-0170). 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. 171 • SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on February 14, 2006, resolved to approve Vesting Tentative Tract Map (TTM 2005-0076) subject to the following: 1. Exhibit A: Vesting Tentative Tract Map 2005-0076 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 by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: CITY OF ATASCADERO, CA Tom O'Malley, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Patrick L. Enright, City Attorney • 172 Exhibit A: Vesting Tentative Tract Map 173 01 • • w • • Exhibit B: Conditions of Approval / Mitigation Monitoring Program Tentative Tract Map 2005-0076 Conditions of Approval / Timing Responsibilit Mitigation purposes of issuing building permits thirty (30) days following the City y /Monitoring Measure Mitigation Monitoring Program reading, unless prior to that time, an appeal to the decision is filed as set GP: Grading PemiA PS: Planning Services forth in Section 9-1.111(b) of the Zoning Ordinance. BP: Building Permit BS: BuildNg Smioss 4705, 4711, 4713 El Camino Real SIP: Subdvision FD: FireDepartrnem Depanment effective date. At the end of the period, the approval shall expire and Improvement Plans PD: Police Vesting Tentative Tract Map FM: Final Map CE: CityEngirieer a written request received prior to the expiration date. TO: Temporary WW: wastewater TTM 2005-0076 Occupancy CA City Attorney approve minor changes to the project that (1) result in a superior site FI: Final inspection AMWC: Water Comp, design or appearance, and/or (2) address a design issue that is not F0: Final Occupancy Planning 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 2005-0104 and ZCH 2005-0105 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 On going PS 4750, 4711, and 4713 EI Camino Real (APN 029-271-001) 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 (OUIMBY Act) as required by City Ordinance. 8. The emergency services and facility maintenance costs listed below Dr rJ 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 174 Conditions of Approval / Timing Responsibilit Mitigation Mitigation Monitoring Program y /Monitoring Measure GP Grading Permit BP: Building Pemtil PS: Planning Services BS: Building Services 4705, 4711, 4713 El Camino Real SIP: Subdivision Ir pmvensnt Plans FD: FireDepartmsrd PD: Polis Department Vesting Tentative Tract Map FM: Final Map CE City Engineer TTM 2005-0076 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 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. 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 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 recordation of final map, the project applicant shall enter into BP PS an agreement with the City of Atascadero to pay any future reimbursement fees associated with off-site circulation improvements made to the Santa Rosa / US 101 interchange and frontage roads. The amount of reimbursement shall be determined by a traffic study that demonstrates a nexus for all parcels included in the reimbursement area. 11. This condition left intentionally blank. n/a n/a 12. 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 175 11 • 0 176 Conditions of Approval / Re onlitoring y (Monitoring Mitigation Measure Mitigation Monitoring Program uiA 7Gtading PS: Planning Services 4705, 4711, 4713 EI Camino Real mit ns BS: Building Services FD:RreDeparlmenl PD: Police Department Vesting Tentative Tract Map FM: Final TO: Temporary CE City Engineer WW: Wastewater TTM 2005-0076 occupancy Fl: Final inspection CA City Atlomey AMWC: Water Coup. FO: Final Occupancy 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. b) A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. c) Individual unit's responsibility for keeping all trash receptacles within the unit's garage. d) 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. 13. Affordable Housing Requirement: The applicant shall deed restrict the GPBP PS, CA following minimum residential units for 45 years, as follows: ■ 6 units at the low-income rate. All units shall be distributed throughout the project, subject to staff approval. 14. 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. 15. At the time of submittal for Final Map and prior to recordation of Tract FM PS 2817, a full size exhibit shall be submitted locating all footprints of the individual buildings. 16. At the time of submittal for Final Map and prior to recordation of Tract FM PS/CE 2817, a condominium plan shall be submitted for review and approval 176 Conditions of Approval / Timing Responsibilit Mitigation Mitigation Monitoring Program y /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services 4705, 4711, 4713 EI Camino Real SIP: Subdivision FD: File Department Vesting Tentative Tract Map Inprovement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2005-0076 TO: Tenporary Occupancy WW: Wastewater Ca city Attorney FI: Final inspection AMWC: Water Conp. F0: Final Occupancy by the Community Development and Public Works Departments. City Engineer STANDARD CONDITIONS 17. In the event that the applicant is allowed to bond for the public BP, GP CE improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 18. An engineer's estimate of probable cost shall be submitted for review FM CE and approval by the City Engineer to determine the amount of the bond. 19. The Subdivision Improvement Agreement shall record concurrently with FM CE the Final Map. 20. The applicant shall enter into a Plan Check/inspection agreement with FM CE the City. 21. A six (6) foot Public Utility Easement (PUE) shall be provided BP, GP CE, contiguous to the EI Camino Real property frontage. 22. The applicant shall acquire title interest in any off-site land that may be BP, GP 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. 23. Slope easements shall be obtained by the applicant as needed to FM CE accommodate cut or fill slopes. 24. Drainage easements shall be obtained by the applicant as needed to FM CE accommodate both public and private drainage facilities. 25. A preliminary subdivision guarantee shall be submitted for review in FM CE conjunction with the processing of the parcel map. 26. The final map shall be signed by the City Engineer prior to the map FM CE being placed on the agenda for City Council acceptance. 27. Prior to recording the parcel map, the applicant shall pay all outstanding FM CE plan check/inspection fees. 28. Prior to recording the map, the applicant shall complete all FM CE improvements required by these conditions of approval. 29. Prior to recording the parcel map, the applicant shall set monuments at FM CE all new property comers. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners 177 • • • • • Conditions of Approval / Timing Responsibiiit Mitigation y /Monitoring Measure Mitigation Monitoring Program GP: Grading Perna) BP: Building Perrril PS: Planning Services BS: Building Services 4705, 4711, 4713 EI Camino Real SIP: Subdivision Inprovemeni Plans FD: FireDeparUnant PD: Police DeparMent Vesting Tentative Tract Map FM: Final Map CE: City Engineer WW: Wastewater TTM 2005-0076 TO: Temporary Occupancy cA City attorney FI: Final inspection AMWC: Water Cone. FO: Final Occupancy have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 30. Prior to recording the parcel map, the applicant shall submit a map FM CE drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 31. All existing and proposed utility, pipeline, open space, or other FM CE easements are to be shown on the final/parcel map. If there are building or other restrictions related to the easements, they shall be noted on the final/parcel map. The applicant shall show all access restrictions on the final/parcel map. 32. Prior to recording the parcel map, the applicant shall have the map FM CE reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 33. Prior to the issuance of building permits the applicant shall submit plans FM CE and supporting calculations/reports including street improvements, underground utilities, composite utilities, and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer. Mitigation Measures Exhibit A Timing Responsibility Mitigation /Monitoring Measure Mitigation Monitoring Program El Camino Court - General Plan Amendment 2005-0015 / Zone Change 2005- GP: Grading Permit BP: wilding Pemal PS: Planning Services &S: Building Services 0104 / Zone Change 2005-0105/ Conditional Use Permit 2005-0170/ TTM TO: Temporary FD: FireDepartrtsnt 2005-0076 FIS: Fi�cel inspection PD: Police Deparlrnent CE City Engineer F0: Final WW: Wastewater 4705, 4711, 4713 EI Camino Real Occupancy CA City Attorney AMWC:Water Comp. Mitigation Measure 1.c.1: The following landscape mitigations shall apply: BP BS, PS, CE 1.C.1 ■ Fencing shall be complimentary in color and material to the proposed architectural theme. ■ The project landscaping shall include street trees along EI Camino Real street frontage. IWO Conditions of Approval / Timing Responsibilit Mitigation Mitigation Monitoring Program y /Monitoring Measure GP: Grading Pem* PS: Planning Services BP: Building Permit BS: Building Services 4705,4711,4713 -El Camino Real SIP: subdivision FD: FireDepanment Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department Ce City Engineer TTM 2005-0076 T0: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Carp. F0: Final Occupancy • All proposed trees shall be shade trees of 15 -gallon minimum size and shall be double staked. Mitigation Measure 1.c.2: The proposed buildings shall include the use of BP BS, PS, CE 1.c.2 earth tone paint and roof colors. Mitigation Measure 1 AA : If exterior parking lot lighting is proposed, it shall BP BS, PS, CE 1.d.1 be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminary pole height shall not exceed 14 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the site. Fixtures shall be shield cut-off type and compatible with neighborhood setting, subject to staff approval. Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP, GP BS, PS, CE 3.b.1 applicable District regulations pertaining to the control of fugitive dust (PM - 10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment ■ Maintain all construction equipment in proper tune according to manufacturer's specifications. ■ Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). ■ Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. ■ Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques ■ Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. ■ Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. • Limit the length of the construction workday period, if necessary. ■ Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: M. Reduce the amount of the disturbed area where possible. N. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency will be required whenever windspeeds exceed 15 mph. 179 • • • Conditions of Approval / Mitigation Monitoring Program 4705, 4711, 4715 El Camino Real Vesting Tentative Tract Map TTM 2005-0076 Timing GP: Grading Perna BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibilit y /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: Cay Attorney AMWC: Water Comp. Mitigation Measure Reclaimed (non -potable) water should be used whenever possible. O. All dirt stockpile areas shall be sprayed daily as needed. P. Permanent dust control measures identified in the approved project re -vegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. Q. Exposed ground areas that designated for reworking at dates greater than one month after initial grading shall be sown with a fast -germinating native grass seed and watered until vegetation is established. R. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. S. All roadways, driveways, sidewalks, etc, to be paved shall be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. T. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. U. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. V. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. W. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. X. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 4.e.1: Grading and excavation and grading work shall BP PS, BS 4.e.1 be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 13. All existing trees outside of the limits of work shall remain. 14. Earthwork shall not exceed the limits of the project area. 15. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 16. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 17. 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. 18. Any roots that are encountered during excavation shall be clean cut by . hand and sealed with an approved tree seal. Conditions of Approval / Mitigation Monitoring Program 4705, 4711, 4713 El Camino Real Vesting Tentative Tract Map TTM 2005-0076 Timing GP: Grading Pemmt BP: Buikling Pemd SIP: Subdivision � � Map TO:Temporary Occupancy FI: Final inspection F0: Final Occupancy Responsibilit y /Monitoring PS: Planning Services BS: Building Services FD: Fin: Departmant PD: Police DeparkEngineer CE: City Engineer WW: Wastewater CA City Attorney AMWC: Water Corny. Mitigation Measure Mitigation Measure 4.e.2: All recommendations contained within the BP PS, BS 4.e.2 project arborists report prepared by Tree Resources Assessment, Barbella's Tree Service shall be applied to the proposed project in terms of each native tree proposed for removal and each tree within the project area subject to potential impact. All native tree impact/replacements shall be per the Atascadero Municipal Code Section 9-11.105. Mitigation Measure 4.e.3: The developer shall contract with a certified BP PS, BS 4.e.3 arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining an arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre-construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c) As specified by the arborist report and City staff: ■ Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ In locations where paving is to occur within the tree canopy, grub only and do not grade nor compact. Install porous pavers over a three-inch bed of 3/4 inch granite covered with one-inch pea gravel for screeding. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one-foot by one-foot pothole every four to six linear feet. • All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction-related tree protection measures are no longer required for tree protection. 181 • • • • • Conditions of Approval ! Timing t y /Monitoring y (Monitoring Mitigation Measure Mitigation Monitoring Program GP: Grading PeRnil BP: Building Permit PS: Planning Services BS: Building Services 4705 > 4711> 4713 El Camino Real SIR Subdivision Improvement Plans M: Fire eperinent PD: Police Deperimenl Vesting Tentative Tract Map FM: Final Map T0: Temporary CE City Engineer WW: Wastewater TTM 2005-0076 occupancy FI: Final inspection CA: City Attorney AMWC: Water Cone. F0: Final Occupancy Mitigation Measure 4.e.4: All tree removals identified in the Tree Resources BP PS, BS 4.e.4 Assessment, dated 7/19/05 shall be mitigated as prescribed by the Atascadero Native Tree Ordinance. Mitigation Measure 5.b.1: Design an appropriate Phase II archaeological GP PS, BS, CE 5.b.1 sampling strategy. Mitigation Measure 5.b.2: Monitoring of all earth disturbance by a qualified GP PS, BS, CE 5.b.2 subsurface archaeologist and native monitor during construction activities. Mitigation Measure 5.b.3: Cultural soils must remain on site of they are GP PS,BS,CE moved and/or disturbed. Mitigation Measure 6.b.1: The grading permit application plans shall include BP, GP PS, BS, CE 6.b.1 erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.1: A soils report shall be required to be submitted BP,GP PS,BS,CE 6.c.1 with a future building permit by the building department. Mitigation Measure 7.b.1: Per the Phase I Environmental Site Assessment, BP PS 7.b.1 further investigation of the former commercial building area is necessary to better determine if the site had been adversely impacted by previous auto garage or painting use Mitigation Measure 8.e.f.1: The developer is responsible for ensuring that GP PS, BS, CE all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders 182 Conditions of Approval / Timing Responsibilit Mitigation Mitigation Monitoring Program y /Monitoring Measure GP: Grading Penni) PS: Planning Services BP: Building Permit BS: Building Services 4705, 4711, 4713 El Camino Real SIP: Subdivision FD: Fire Department Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Poke Department CE: City Engineer TTM 2005-0076 TO: Temporary Occupancy WW: Wastewater CA: CityAttomey FI: Final inspection AMWC: Water Comp. FO: Final Occupancy Mitigation Measure 11.d.1: All construction activities shall comply with the BP, GP PS, BS, CE 11.d.1 City of Atascadero Noise Ordinance for hours of operation, and as follows: 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 Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors may modify the hours of construction. 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. Staff shall approve the details of such a sign during the Grading Plan/Building Permit review process. 183 • • • 8S, Mitigation Measure 13.1: Project Road and Landscape Maintenance and Emergency Services Funding: The emergency services and road maintenance costs of the project shall be 100% funded by the project in perpetuity. The service and maintenance cost may be funded through a benefit assessment district or other mechanism established by the developer subject to City approval. The funding mechanism must be in place prior to or concurrently with acceptance of the any 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 and the coordination and performance of maintenance activities shall be by the City a) All Atascadero Police Department service costs to the project. riming Res Mitigation All streets, sidewalks, streetlights, street signs, roads, emergency Conditions of Approval / access and sewer mains within the y/Mpnitori g y (Monitoring Measure Mitigation Monitoring Program d) All parks, trails, recreational facilities and like facilities. e) All open space and native tree preservation areas. j) GR Grading Pemtil PS: Planning Services All common landscaping areas, street trees, medians, parkway planters, manufacture slopes outside private yards, and other BP: Building Pemrt BS: Building Services 1) All drainage facilities and detention basins. 4705, 4711, 4713 El Camino Real SIP: son Improvemenement Plans v FD: Fire Depadrnent PD: Police Department planters, manufacture slopes outside private yards, and other Vesting Tentative Tract Map FM: Final Map CityW Engineer WW: Wastewater w TTM 2005-0076 TO: Temporary Occupancy CA: Cay attorney AMWC: Water Conn. FI: Final inspection F0: Final Occupancy 8S, Mitigation Measure 13.1: Project Road and Landscape Maintenance and Emergency Services Funding: The emergency services and road maintenance costs of the project shall be 100% funded by the project in perpetuity. The service and maintenance cost may be funded through a benefit assessment district or other mechanism established by the developer subject to City approval. The funding mechanism must be in place prior to or concurrently with acceptance of the any 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 and the coordination and performance of maintenance activities shall be by the City a) All Atascadero Police Department service costs to the project. b) All Atascadero Fire Department service costs to the project. c) All streets, sidewalks, streetlights, street signs, roads, emergency access and sewer mains within the access roads, emergency gates, project. d) All parks, trails, recreational facilities and like facilities. e) All open space and native tree preservation areas. j) All drainage facilities and detention basins. k) All common landscaping areas, street trees, medians, parkway planters, manufacture slopes outside private yards, and other similar facilities. 1) All drainage facilities and detention basins. m) All common landscaping areas, street trees, medians, parkway planters, manufacture slopes outside private yards, and other similar facilities. • Conditions of Approval / Timing Responsibilit Mitigation Mitigation Monitoring Program y /Monitoring Measure provide a landscaped median, two west bound lanes and a bike lane. This GP: Grading Permit PS: Planning Services work will require approval by Caltrans. This improvement will provide a BP: Building Pernit BS: Building Services 4705, 4711, 4713 El Camino Real SIP: Subdivsbn FD: Fire Department will improve the operation of the US 101 north bound off ramp and east and lnprrnement Plans PD: Police Depanment Vesting Tentative Tract Map FM: Final reap CE City Engineer TTM 2005-0076 TO: Temporary Occupancy WW: Wastewater Ca Cily naomey System of Atascadero. The design and construction of these improvements FI: Final inspection AMWC: Water Comp. is eligible for credit to the fees. The actual design and construction costs F0: Final Occupancy Mitigation Measure 15.a: The project shall widen west bound San Anselmo, BP PS, BS, CE 15.a between the US 101 north bound on-ramp and the K -mart driveway, to provide a landscaped median, two west bound lanes and a bike lane. This work will require approval by Caltrans. This improvement will provide a dedicated lane for traffic entering the US 101 north bound on ramp, which will improve the operation of the US 101 north bound off ramp and east and west bound San Anselmo. This project is required to pay Development Impact Fee per the Circulation System of Atascadero. The design and construction of these improvements is eligible for credit to the fees. The actual design and construction costs must be submitted to the City for credit. Administration of designing, approval and construction of these improvements is not eligible for credit to the fees. 185 • • 40 ITEM NUMBER: C-1 DATE: 02/14/2006 Atascadero City Council Staff Report - City Manager's Office Legislative Priorities 2006 RECOMMENDATION: Council adopt a Draft Resolution A establishing the City's legislative priorities for 2006. DISCUSSION: The City is continually impacted with legislation at the state and federal levels. New . legislation often translates into new costs, service requirements, mandates or a loss of local control. However, new legislation may also benefit Atascadero programs. The City Council, through its strategic planning program, has agreed to establish a list of legislative priorities. This list represents the typical or most often faced issues from federal, state and county government. It illustrates the City's position and empowers Council Members, staff and other officials to take an active role in shaping legislation helpful to Atascadero and opposing legislation that would be harmful. The legislative priorities were last adopted by the City Council in 2003. Since that time, cities have scored some major legislative victories including the successful passage of Proposition 1A. Since 2003, the issues facing cities and the challenges being discussed at the state level have also changed. Because of these changes, the. City Council is being asked to update the City's legislative priorities to insure the latest issues are considered. Issues do arise during the year that require special Council consideration or action. These items may be brought up individually on the Council agenda for discussion and action. The attached Draft Resolution provides a list of recommended_ legislative priorities. FISCAL IMPACT: None ALTERNATIVES: Modify legislative positions included in the Resolution. ATTACHMENT: Draft Resolution A ITEM NUMBER: C-1 DATE: 02/14/2006 DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ESTABLISHING THE CITY LEGISLATIVE ACTION PROGRAM AND PRIORITIES FOR 2006 WHEREAS, the major objective of the City Council is to adopt an aggressive legislative program which strengthens local government, promotes City goals and defends the City against legislative actions by State and Federal governments that would weaken local government and/or take away traditional revenue sources; and WHEREAS, it is vital to the fiscal health and the self determination of the City to effectively communicate with. State Legislators and Federal representatives in order to favorably influence State and Federal legislation, regulations and grant requests; and WHEREAS, the League of California Cities conducts a legislative analysis and advocacy program on behalf of cities for State issues and major Federal issues; and WHEREAS, the County has a direct impact upon the quality of life in Atascadero, it is imperative that the City maintain quality communications and WHEREAS, the City desires to be proactive and involved in the governmental decision making processes directly affecting the City legislative priorities identified in Exhibit "A", the League of California Cities legislative priorities identified in Exhibit "B", and other selected issues as may from time to time be recommended by the League of California Cities; and WHEREAS, a key component of the City's Legislative Action Program is face to face meetings between City representatives and elected officials at the Federal, State, and County levels, and coordination with similar efforts made by other local government entities; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Atascadero does hereby establish the Legislative Action Priorities for 2006, as set forth in the attached Exhibit "A", and authorizes staff to take positions on legislation generally consistent with the Legislation Action Priorities and such other resolutions and recommendations of the League of California Cities as may be from time to time presented to the City. BE IT FURTHER RESOLVED, that City staff is directed to schedule meetings, as appropriate and convenient, with our " Congressional, State Senate and State Assembly representatives to discuss and promote the City's legislative program, and to continue efforts to improve communications and relationships with the County Board of Supervisors and north county cities to further our interests in land use and other relevant issues. 187 • • • • ITEM NUMBER: C-1 DATE: 02/14/2006 On motion by Council Member and seconded by Council Member , the foregoing Resolution is hereby adopted following roll call vote: AYES: NOES: ABSENT: ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Patrick L. Enright, City Attorney Tom O'Malley, Mayor ITEM NUMBER: C-1 DATE: 02/14/2006 EXHIBIT A CITY OF ATASCADERO CITY LEGISLATIVE ACTION PRIORITIES FOR 2006 FEDERAL PRIORITIES • Obtain all funding entitled to the City from the Federal Emergency Management Agency in response to the San Simeon Quake, specifically funding for the Administration Building. • Oppose any telecommunications legislation that takes away a City's right to franchise with local cable television providers or takes away franchise fee revenues. • Require full funding of federally mandated programs • Promote continued and increased funding sources for streets and transportation • Obtain new funding sources to expand housing opportunities for low- and moderate -income families. • Support legislation that provides regulatory relief to local government in complying with the Fair Labor Standards Act and overtime provisions for exempt employees • Support legislation to increase the availability of grant funding to replace aging infrastructure of all types; e.g.: streets, bridges, water and sewer systems, etc. • Support legislation which assists welfare reform to work in a positive way and provides funding for the social service programs of local non-profit organizations • Support legislative action to retain the existing process of local judicial review of land use decisions, thus avoiding preemptory, premature intrusion of federal courts into matters best known to local authorities at the local level • Oppose mandatory social security for newly hired local governmental employees • Promote federal efforts toward preservation of open space, coastal resources, signature land forms, wetlands, and other natural resources or areas threatened by development (Position must be reviewed by Council prior to any action) • Support legislation that encourages research and development by businesses through tax credits or other incentive programs • Support legislation that grants monies to local agencies, educational institutions and non- profit corporations to provide incubator services to new and small businesses dedicated to developing new technologies :• • • • ITEM NUMBER: C-1 DATE: 02/14/2006 • Support funding for national and international tourism promotion • Support continued funding for CDBG at or above recent levels and with more discretion available to local agencies. • Support continued funding for Federal block grants for local law enforcement and encourage legislation that distributes homeland security money to all agencies based on need and not simply on proximity to large urban areas. • Support a sustainable energy policy. STATE PRIORITIES FINANCE • Support efforts to protect the City from loss of revenues due to State mandates. • Support legislation that strengthens opportunities for local fiscal independence • Support legislation that returns ERAF funds, state mandated reimbursements, and any other revenues owed to the City. • Support efforts to "protect, preserve and reform" local government revenue sources". • Support legislation that protects Proposition 42 funds and ensures that gasoline sales tax is allocated to local governments for transportation projects. COMMUNITY DEVELOPMENT • Oppose mandated State approval of local General Plan Elements, such as implementing and compliance with State General Plan Housing element law. • Promote funding sources to encourage the retrofitting of non -reinforced masonry buildings. • Promote realistic housing requirements in the Housing Element. • Promote the concept of Urban Growth Boundaries • Promote the City of Atascadero's Principles for Smart Growth as adopted by the City Council • Promote State assistance to meet affordable housing goals. 190 ITEM NUMBER: C-1 DATE: 02/14/2006 • Support legislation that maintains redevelopment agencies and their ability to reform commercial areas and finance affordable housing. PUBLIC SAFETY • Preserve City's authority to investigate police misconduct • Preserve City's authority to establish emergency medical service levels • Increase City authority to regulate group homes for juvenile offenders • Continue support for disaster preparedness/earthquake preparedness • Support efforts to secure higher levels of cost recovery for DUI's • Support efforts to expand the scope of parental responsibility for crimes committed by minors • Support efforts to provide the Governor with authority to override the parole board when anyone convicted of a violent offense is proposed to be released on parole • Preserve the authority of local control on issuance of concealed weapons permits 0 • Retain budget commitments for Public Safety supplemental funding — State COPS program • Support legislation to help curb underage drinking • Support another ABC inspector to work on minor/alcohol issues • Support legislation enhancing penalties for inmate offenses at the State Hospital • Oppose new or increased state fees for state provided law enforcement service • Support legislation enhancing Megan's Law or regulating the movement of registered sex offenders TRANSPORTATION • Change Gas tax laws to allow local tax for transportation purposes based on a majority vote of the public • Increase transportation funding (including transit, bicycles, others) • Support issuance of bonds for roads, highways and other transportation infrastructure investments and ensure that a portion of funding raised from bonds is allocated to local government for local road projects. 191 • U ITEM NUMBER: DATE: • Support Cal Trans to complete the Highway 41/Highway 101 Interchange PERSONNELIEMPLOYEE RELATIONS • Preserve the fiscal integrity of PERS C-1 02/14/2006 • Support reforms to PERS consistent with the League of Cities position that protects the defined benefit system and ensures that any changes or reforms to the system do not create a two-tiered system, but focus on the real issues and concerns (i.e. medical retirements, board composition, investment policy, rate smoothing) • Oppose binding arbitration and expansion of the "Peace Officers' Bill of Rights" • Oppose legislation that curtails management rights • Monitor employee healthcare/benefit changes • Oppose any legislation that removes a local agency's ability to establish contract terms, wages, or other terms of employment. PUBLIC WORKS • Better define "qualified" bidders in public contracts bidding • Redefine prevailing wages as "average" local wages • Streamline Federal and State process for funding street projects • Obtain grant funding for seismic retrofit projects (buildings, bridges, etc.) PARKS AND RECREATION • Support recreationalprogramming, particularly for youth within the City • Support funding for: protection of natural resources (e.g., the Lake), open space, and parks development • Support funding for rehabilitation of existing parks i• Support efforts at the state level for another park and open space bond measure • Obtaining grant funding for the preservation of historic buildings 192 ITEM NUMBER: C-1 DATE: 02/14/2006 • Seek rapid completion of the trail along Atascadero Creek is UTILITIES • Provide funding for reclaimed water programs • Support legislation to enhance local government's ability to comply with solid waste requirements • Support legislation to increase availability of grant funding for replacement of aging infrastructure • Support legislation to eliminate mandatory penalties for violations of NPDES Requirements and returning discretionary control to the Regional Water Quality Control Board Executive Officers. (Repeal SB 709) • Support legislation which will enhance market development for recycled materials • Support legislation to exempt cities from liability for leakage of hazardous waste discharged to POTW's from sewers • Support legislation promoting the responsible and cost-effective reuse of biosolids • Support legislation to streamline the state regulatory permit process through the use of general permits COUNTY PRIORITIES • Protect Atascadero water resources, and continue to support the Nacimiento Pipeline Project • Develop consistency between the City and County General Plans, particularly to emphasize the concepts that (1) urban development should be municipal, and (2) unincorporated areas shall remain rural, agricultural, or open space in character • Create a North County Government Center in Atascadero • Improve regional solid waste management • Improve regional pubic transportation and how funding for such transit is calculated • Develop cooperative approaches for providing services on a regional basis • Discuss and resolve issues on the City periphery, such as conversion of agricultural zoning to residential subdivision and industrial use, allowing increases in density in residential and 193 ITEM NUMBER: C-1 DATE: 02/14/2006 industrial areas, allowing substantial development beyond the City's urban reserve line and giving greater credence to and respecting the integrity of the City's planning process • Continue to work with other cities to convince the County that urban -like development should take place within the boundaries of cities, and not in the unincorporated areas — and especially not within the urban growth boundaries of cities • Support construction of an expanded public library in the downtown area 194