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HomeMy WebLinkAboutAgenda Packet 03/28/2006CITY OF ATASCA DERO CITY COUNCIL AGENDA Tuesday, March 28, 2006 7:00 P.M. City Hall Council Chambers 6907 EI Camino Real Atascadero, California SPECIAL JOINT STUDY SESSION (Eagle Creek Project): 5:30 P.M. 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 (Government Code sections 54956.9, subdivision (a).) Case name unspecified as disclosure would jeopardize existing settlement negotiations (Government Code section 54954.5, subdivision (c).) 3. ADJOURN 4. CLOSED SESSION REPORT 0 REGULAR SESSION: 7:00 P.M. PLEDGE OF ALLEGIANCE: Mayor O'Malley ROLL CALL: Mayor O'Malley Mayor Pro Tem Pacas Council Member Clay Council Member Luna Council Member Scalise COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to five minutes. Please state your name 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 0 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. Presentation by Larry Allen of the Air Pollution Control District on the Climate Change Program. 2. Presentation to Retiring Superintendent of Schools, Jim Stecher. 3. Presentation to Lon Allan by Chief Stone. 4. Employee Service Award Presentations. 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 — February 28, 2006 ■ City Clerk Recommendation: Council approve the City Council meeting minutes of February 28, 2006. [City Clerk] oil 2. Atascadero Avenue Overlav Award (City Bid No. 2006-001 • Description: Authorization to execute contract with Granite Construction for the pavement of portions of Atascadero Ave. between Santa Barbara & San Diego Roads. ■ Fiscal Impact: Total estimated expenditures is $229,410.00. ■ Recommendation: Council authorize the City Manager to execute a contract with Granite Construction in the amount of $168,768.00 for paving portions of Atascadero Avenue between Santa Barbara Road and San Diego Road. [Public Works] 3. Asphalt Purchasing and Delivery Services • Description: Request authorization to enter into ongoing contracts for asphalt purchasing with two separate vendors. ■ Fiscal Impact: Funds for the purchase and delivery of asphalt is included in annual Street Maintenance Division budget. ■ Recommendation: Council authorize the City Manager to enter into ongoing contracts for asphalt purchasing and delivery with Hanson Aggregates and with Union Asphalt. [Public Works] 4. Annual Sewer -Line Cleaning Services ■ Description: Request for authorization to hire Mark Simon Sewer Maintenance to conduct the City's annual sanitary sewer -line cleaning. ■ Fiscal Impact: Expenditures of $ 61,600.00 in Wastewater funds over the next four years. ■ Recommendation: Council authorize the City Manager to execute a four year contract with Mark Simon Sewer Maintenance in the amount of $15,400.00 annually, for sanitary sewer -line cleaning services. [Public Works] 5. Final Map 2005-0110 (Tract 2626) Santa Barbara Road_ / EI Camino Real (TTM 2003-0033)(Centex Homes) ■ Description: Approval of a one hundred fifty-four lot subdivision. ■ Fiscal Impact: None. ■ Recommendations: Council: 1. Accept Final Tract Map 2005-0110 (Tract 2626); and, 2. Accept the offers of dedication for Street purposes, the Public Sewer Easements, and Lot OS -15 in fee simple; and, 3. Reject, without prejudice to future acceptance, the offers of dedication for Public Storm Drain Easements and Public Pedestrian Access Easements; and, 4. Authorize City Manager to execute a Subdivision Improvement Agreement, a Subdivision Annexation and Assessment and Parcel Tax Authorization Deferral Agreement, and an Affordable Housing Agreement; and, 5. Execute a Memorandum of Development Condition. [Public Works] C B. C. C! PUBLIC HEARING: 1. Appeal 2005-0006 / Appear of Planning Commission Action on November 1, 2005 For Reconsideration of Conditional Use Permit 2000- 0022 (6125 San Anselmo Avenue) Amendment of CUP 2000-0022 Shores ■ Description: Appeal of the Planning Commission decision concerning the non -permitted driveway at the Car Wash on San Anselmo Road. ■ Disclosure of Ex Parte Communications ■ Fiscal Impact: None. ■ Recommendation: Council require the placement of a new median in San Anselmo Road in lieu of removing a non -permitted ingress/egress driveway. [Community Development] 2. Interim Urgency Ordinance Establishing a Moratorium on Conversion of Residential Units to Condominiums ■ Description: Temporary Ordinance establishing a moratorium on conversion of residential units to condominiums. ■ Fiscal Impact: None. ■ Recommendation: Council adopt the interim urgency ordinance establishing a moratorium on conversions of residential units to condominiums. [City Attorney] MANAGEMENT REPORTS: 1. Sewer Reimbursement Agreement / Colima Avenue • Description: Approval of a sewer reimbursement agreement for Colima Avenue. ■ Fiscal Impact: The City will collect a 2% Administrative Charge from all reimbursements. This charge will be deducted from the total amount refunded. ■ Recommendation: Council approve the Colima Avenue Sewer Extension Reimbursement Agreement. [Public Works] 2. Atascadero Road Program Description: An update report on the Atascadero Road Program. Fiscal Impact: None. Recommendation: Council receive a report on the Atascadero. Road Program. [Public Works] 0 .7 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 0 5 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 March 28, 2006 Regular Session of the Atascadero City Council was posted on. March 21, 2006 at the Atascadero City Hall, 6907 El Camino Real, Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location. Signed this 21 st day of March, 2006 at Atascadero, California. �-J yin n Shannon Sims, Deputy City Clerk City of Atascadero City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING Ohe 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 business matters to appear on the Agenda must be in the Office of the City Manager 14 days preceding the Council eeting. Should you have a matter you wish to bring before the Council, please mail or bring a written communication to the City Manager's office in City Hall prior to the deadline. 7 • ITEM NUMBER: A-1 DATE: 03/28/06 ram 11170IElel gild `L� CITY •F A TA S— CADERO w.CITY COUNCIL DRAFT MINUTES Tuesday, February 28, 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 Council Member Luna led the Pledge of Allegiance. ROLL CALL: Present: Council Members Clay, Luna, Scalise, Pacas and Mayor O'Malley Absent: None Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson and Deputy City Clerk Grace Pucci Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis, Administrative Services Director Rachelle Rickard, Police Chief John Couch, Fire Chief Kurt Stone, Public Works Director Steve Kahn, Community Development Director Warren Frace, Community Services Director Brady Cherry, Deputy Public Works Director Geoff English, Deputy Community Development Director Steve McHarris, Associate Planner Kelly Gleason and City Attorney Patrick Enright. COMMUNITY FORUM: Reverend John Davis led those present in prayer. CC Draft Minutes 02/28/06 Pagel of 11 8 Mitch Paskin, San Marcos Road resident, expressed his concerns regarding having San Marcos Road accepted into the city -maintained system. Those San Marcos Road residents present in the audience stood in support of Mr. Paskin's statement. Ralph Dutman, San Marcos Road, stated his concerns with the safety modifications to Highway. 41 at Los Altos Road, and raised several issues regarding the lack of follow through for the requirements of the PD -11 in the San Marcos Road area. Public Works Director Steve Kahn gave a brief update on the San Marcos Road issues and answered questions of Council. Joanne Main, Executive Director Chamber of Commerce, spoke about an article she wrote for the Chamber Newsletter summarizing Council votes over the previous year. Steve Martin, Executive Director Atascadero Main Street Association, introduced Board Member Maria Hooper who read a letter from Vivian Michel, Atascadero Main Street President, expressing their gratitude for the city's continuing support. (Exhibit A) Steve Martin spoke about the Atascadero Community Coalition, explained their activities and invited Council to attend their monthly meeting. Maury Froman, Rottman Group, gave a status report on the Master Plan for their project, The Annex, at EI Camino Real and Del Rio Road. Mayor O'Malley closed the Community Forum period. APPROVAL OF AGENDA: MOTION: By Council Member Luna and seconded by Council Member Scalise to approve the agenda. Motion passed 5:0 by a roll -call vote. COUNCIL ANNOUNCEMENTS AND REPORTS: Council Member Clay spoke about how physically fit those using the Skate Park appeared to be. He also suggested recruiting a chocolate outlet for the downtown area. PROCLAMATION 1. Proclamation recognizing Atascadero as Tree City USA. CC Draft Minutes 02/28/06 Page 2 of 11 9 • • Council Member Luna read the proclamation recognizing Atascadero as Tree City USA 2006 and presented it to Joan O'Keefe. Mrs. O'Keefe thanked the City for maintaining the Tree City USA status for Atascadero. A. CONSENT CALENDAR: 1. City Council Meeting Minutes — January 24, 2006 ■ City Clerk Recommendation: Council approve the City Council meeting minutes of January 24, 2006. [City Clerk] 2. October 2005 Treasurer's Report ■ Fiscal Impact: None. Recommendation: Council approve the City Treasurer's Report for October 2005. [City Treasurer] 3. November 2005 Treasurer's Report ■ Fiscal Impact: None. ■ Recommendation: Council approve the City Treasurer's Report for November 2005. [City Treasurer] 4. November 2005 Accounts Payable and Payroll ■ Fiscal Impact: $1,809,637.53. ■ Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for November 2005. [Administrative Services] 5. Assignment of Factory Outlet Agreement • Fiscal Impact: No new fiscal impact, however, there is a continued budgeted impact of approximately $58,000 annually. ■ Recommendation: Council approve assignment of "Agreement by, and between, the City of Atascadero and EI Camino Real Fashion Outlets Center, Ltd., dated July 1, 1994: from Levon Investments to Morro Road Homes, LLC and 197 Property Investments, LLC effective July 2, 2005. [Administrative Services] 6. Atascadero Lake Park Watercraft and Recreation Equipment Concession Operation ■ Fiscal Impact: Approximately $3,000.00 in annual revenue. ■ Recommendation: Council authorize the City Manager to execute an agreement with Atascadero Kayak and Sail for concession operation at Atascadero Lake Park. [Community Services] CC Draft Minutes 02/28/06 Page 3 of 11 10 7. Transit Bus Purchase through the State Department of General Services ■ Fiscal Impact: Purchase is funded by Transportation Development Act (TDA) and Federal 5307 funds. • Recommendation: Council adopt the Draft Resolution authorizing the State Department of General Services to purchase vehicles on behalf of the City of Atascadero. [Public Works] 8. Sewer Extension Reimbursement Agreements (Colima, Valentina and San Marcos) ■ Fiscal Impact: The City will collect a 2% Administrative Charge from all reimbursements. This charge will be deducted from the total amount refunded. ■ Recommendation: Council approve Sewer Extension Reimbursement Agreements for Colima, Valentina and San Marcos. [Public Works] 9. EI Camino Court Mixed -Use: 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 (GPA 2005-0015/ ZCH 2005-0104 / ZCH 2005-0105 / CUP 2005-0170 / TTM 2005-0076) (JRW Group, Inc.) ■ Fiscal Impact: None. ■ Recommendations: Council: 1. Adopt on second reading, by title only, Draft Ordinance A, approving Zone Text Change 2004-0081 establishing a PD -22 overlay district based on findings; and, 2. Adopt on second reading, by title only, Draft Ordinance B, approving Zone Change 2004-0081 based on findings. [Community Development] 10.Final Map 2005-0126 (TTM 2004-0048) 5310 Carrizo Road (Tract 2625)(Mac Biz Group, Inc.) ■ Fiscal Impact: None. ■ Recommendations: Council: 1. Accept Final Tract Map 2005-0126 (Tract 2625); and, 2. Reject offers of dedication for public street, public access, public pedestrian access, and public utility easement without prejudice to future acceptance; and, 3. Authorize City Manager to enter Subdivision Improvement Agreement with applicant; and, 4. Authorize City Manager to sign Subdivision Annexation and Assessment and Parcel Tax Authorization Deferral Agreement; and, 5. Authorize City Manager to sign Affordable Housing Agreement. [Public Works] CC Draft Minutes 02/28/06 Page 4 of 11 11 • City Clerk Marcia McClure Torgerson, read a correction to the Minutes of January 24, 2006: Page 12, 4t" paragraph, last line of motion amended to read: . use the experiences of other cities and the mistakes the), have ma -de. Items pulled: Council Member Luna Item #A-5, Mayor O'Malley Item #A-8, and Mayor Pro Tem Pacas Item #A-10. MOTION: By Council Member Luna and seconded by Council Member Clay to approve Items #A-1, 2, 3, 4, 6, 7, and 9. Motion passed 5:0 by a roll -call vote. (Item #A-6 Agreement No. 2006-004, Item #A-7 Resolution No. 2006-019, Item #A-9.1 Ordinance No. 491, Item #A-9.2 Ordinance No. 492) Item #5: Council Member Luna stated he pulled this item because subsidization of the Factory Outlets was Atascadero's first such project and now that it is about to transfer hands it is appropriate for Council to request a report on the costs and benefits of that subsidization in the previous 12 years. There was Council consensus to request a report on the impacts of the subsidization in the previous 12 years. MOTION: By Council Member Luna and seconded by Council Member Clay to approve Item #A-5. Motion passed 5:0 by a roll -call vote. Item #8: Mayor O'Malley asked for a background report for this item including the Colima sewer project. Public Works Director Steve Kahn gave the report and answered questions of Council. PUBLIC COMMENT Eric Greening stated that there was another problem area in the vicinity of Valle and Sonora and asked where that neighborhood is in the ongoing sequence. Jennifer Eickemeyer distributed a petition from the neighbors on Colima Road (Exhibit B) and spoke about her understanding that the developer not the neighborhood would be paying for the cost of the sewer line. Dr. James Eickemeyer explained why he believes that residents on Colima Road should be receiving a sewer line in exchange for over development in his neighborhood. Public Works Director Steve Kahn stated that no one is required to tie into the sewer line. 0 Mayor O'Malley closed the Public Comment period. CC Draft Minutes 02/28/06 Page 5 of 11 12 There was Council discussion regarding expectations for the Colima sewer is reimbursement. MOTION: By Mayor Pro Tem Pacas and seconded by Council Member Luna to approve the Sewer Extension Reimbursement Agreements for Valentina and San Marcos. Motion passed 5:0 by a roll -call vote. (Agreement Nos. 2006- 005 (Valentina) and 2006-006 (San Marcos)) MOTION: By Council Member Clay and seconded by Council Member Luna to postpone this vote for 30 days more or less so the Planning Commission and City Council meeting tapes can be listened to and a full report received from staff including verbatim minutes and a discussion by the City Attorney regarding conditions of approval and whether there is a nexus. Motion passed 5:0 by a roll -call vote. Item #10: Mayor Pro Tem Pacas stated that when this was approved only 2 or 3 of the new homes came out onto Carrizo; she asked if this was still the situation. Community Development Director Warren Frace stated that this is still the situation. MOTION: By Mayor Pro Tem Pacas and seconded by Council Member Clay to accept Final Tract Map 2005-0126 (Tract 2625); and, reject offers of dedication for public street, public access, public pedestrian access, and public utility easement without prejudice to future acceptance; and, authorize City Manager to enter Subdivision Improvement Agreement with applicant; and, authorize City Manager to sign Subdivision Annexation and Assessment and Parcel Tax Authorization Deferral Agreement; and, authorize City Manager to sign Affordable Housing Agreement. Motion passed 5:0 by a roll -call vote. (Item #A-10.4 Agreement No. 2006-009, Item #A-10.5 Agreement No. 2006-010) B. PUBLIC HEARING: 1. Communitv Facilities District 2005-1 C1tvw1de Boundary Ma ■ Fiscal Impact: None. ■ Recommendation: Council adopt Draft Resolution A authorizing the Future Annexation of Territory to Community Facilities District No. 2005-1 (Public Services). [Community Development] CC Draft Minutes 02/28/06 Page 6 of 11 13 C Community Development Director Warren Frace gave the staff report and answered . questions of Council PUBLIC COMMENT — None City Clerk Marcia McClure Torgerson, in response to a question from Mayor O'Malley, stated that no written protests have been received. MOTION: By Council Member Luna and seconded by Council Member Clay adopt Draft Resolution A authorizing the Future Annexation of Territory to the Community Facilities District No. 2005-1. Motion passed 5;0 by a roll -call vote. (Resolution No. 2006-020) 2. 2006 Community Development Block Grant (CDBG) Allocation ■ Fiscal Impact: Available funds are estimated at $191,569 for the 2006 cycle. In addition, prior year unspent funds in the amount of $73,900 are recommended for reallocation. ■ Recommendation: Council direct staff to forward allocation. recommendations for the 2006 Community Development Block Grant (CDBG) funds to the County Board of Supervisors. [Public Works] Public Works Technician Valerie Humphrey gave the staff report and answered questions of Council PUBLIC COMMENT Sherry Fontan, Executive Director Escuela del Rio, thanked the City Finance Committee for recommending funds for their project. Joan O'Keefe referred to unspent funds in the amount of $73,000, and asked where they were allocated and why they were not spent. Ms. Humphrey responded to Mrs. O'Keefe's question. Kayla Wilburn, EOC Health Services, spoke on behalf of the Senior Health Screening Program, the Teen Academic Parenting Program and the 40 Wonderful Program and asked Council to consider providing some funding for these services. Steve Martin, Executive Director Atascadero Main Street, spoke in support of reprogramming funds into street lights for the downtown. Mr. Martin asked what the Code Enforcement allocation figure would be spent on. City Manager McKinney addressed the question. . Mayor O'Malley closed the Public Comment period. CC Draft Minutes 02/28/06 Page 7 of 11 14 MOTION: By Council Member Scalise and seconded by Mayor Pro Tem M Pacas to direct staff to forward allocation recommendations for the 2006 CDBG funds to the County Board of Supervisors. Motion passed 5:0 by a roll -call vote. Mayor O'Malley recessed the hearing at 8:21 p.m. Mayor O'Malley called the meeting back to order at 8:31 p.m. C. MANAGEMENT: 1. General Plan Policy Review / Prime Multi -Family Residential Map Adoption ■ Fiscal Impact: None. ■ Recommendation: Council refer the Prime Multi -Family policy back to staff and the Planning Commission for further review. [Community Development] Community Development Director Warren Frace gave the staff report and answered questions of Council. PUBLIC COMMENT None Mayor O'Malley closed the Public Comment period. MOTION: By Council Member Luna and seconded Council Member Scalise to refer the Prime Multi -Family policy back to staff and the Planning Commission for further review. Motion passed 5:0 by a roll -call vote. 2. Signage Clean Up Strategy ■ Fiscal Impact: None. ■ Recommendation: Council direct staff on how to proceed with enforcement of the City Sign Ordinance. [Community Development] Community Development Director Warren Frace gave the staff report and answered questions of Council PUBLIC COMMENT Joan O'Keefe stated that the city has a sign ordinance that is not enforced and urged Council to send a clear message of enforcement. CC Draft Minutes 02/28/06 Page 8 of 11 15 Richard Mullen stated his support for allowing a banner sign to be used for a maximum of 20 days. Jeff Osland indicated the importance of looking at how long banner signs can be up, how often they can be put up and suggested soliciting the opinions of local business owners. Joanne Main stated the Chamber of Commerce is on the record in support of this report and would like to form a task force on this issue. Carol McCully urged Council to not make a decision on banners until they review the needs of the business community. She `suggested there is a problem with processing sign permits in a timely manner. Eric Greening stated enforcement must be regular and consistent and questioned the purpose of the extra 30 days in Recommendation #2. Steve Martin stated the Main Street Design Committee has discussed this as the office has received many calls about banner signs. He would like to have a team of business people revisit this. Carol McCully indicated that the city has control over deteriorating signs in the maintenance portion of the sign ordinance. Jeff Osland reiterated that the city must define what a banner is; some businesses are using flags that are not defined as banners. Eric Greening questioned how long advertising flags at specific locations have been up and whether they should be abated. Mayor O'Malley closed the Public Comment period. Council Member Clay stated he likes the idea of Main Street and Chamber working together to come up with sign recommendations. He thinks there should be an extension for banners or temporary signs for new businesses. Council Member Luna stated there is a problem with the sign ordinance and he would support sending this back for a comprehensive sign ordinance re -write. Council Member Scalise agreed with the idea of a task force with community involvement and perhaps a liaison from the Council and a timeline. Mayor Pro Tem Pacas expressed her support for a revamp of the -sign ordinance, and would like it to be simplified for staff approval and enforceable. CC Draft Minutes 02/28/06 Page 9 of 11 16- Mayor O'Malley restated the Council's concerns regarding the length of time for processing sign permits, the need for enforcement of sign maintenance, that there has to be a fast track in addressing this, and that the task force is a good idea. Council Member Luna suggested checking with other communities to determine how they do permits so quickly and would like staff to come back with what it will take to facilitate a faster turnaround time. MOTION: By Council Member Scalise and seconded by Council Member Clay to form a task force that would come back with a report in three months with the option that if Council needs to revamp it, they would have that opportunity, and with the executive directors of both Main Street and Chamber of Commerce to be lead agencies and with one Council Member as a liaison, a city staff person and one Planning Commission Member. The Chamber and Main Street would each bring in three business owners to participate. The Mayor to appoint the Council Member and the Chairperson of the Planning Commission to appoint their representative. Task force will be limited to consideration of banners and sandwich signs. There was Commissioner discussion regarding limiting the number of members for this task force, including a member of the public at large, standing vs. ad hoc committee, incremental vs. comprehensive rewrite and the time necessary for staff to assemble the information. 0 Council Member Scalise withdrew her motion. PUBLIC COMMENT Joanne Main suggested letting the Chamber and Main Street do some of the work and come back with specific recommendations at which time a larger committee could be organized. Eric Greening stated his preference that there be a Council Member and Planning Commissioner because they will be involved in making decisions regarding implementation and enforcement; other members should include an intake type staff person, code enforcement type staff person, and a member of the general public. Jeff Osland suggested that the city and code enforcement immediately enforce banners that are falling apart and not worry about a timeline. In addition he thinks that the entire ordinance must be reviewed. Mayor O'Malley closed the Public Comment period. There was Council consensus to direct staff to enforce the banner maintenance provisions under the current sign ordinance. 0 CC Draft Minutes 02/28/06 Page 10 of 11 17 MOTION: By Mayor O'Malley and seconded by Mayor Pro Tem Pacas to have city staff work with Main Street and the Chamber of Commerce on their offer to do work on the Sign Ordinance, to review banner and A frame portions of the Sign Ordinance, and bring those back to the appropriate process before the City Council and that staff will keep Council updated on the progress of that review. Staff will report to Council within three months. Motion passed 5:0 by a roll -call vote. D. COMMITTEE & LIAISON REPORTS: Mayor Pro Tem Pacas 1. City / Schools Committee: met today and are anticipating pool construction to be completed sometime in May, so the swimming pool will be available some time this summer. E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Manager City Manager McKinney stated there is a request for a study session for the Eagle Creek Golf Course area, to include the City Council, Planning Commission, Parks and Recreation Commission and neighborhood residents. Council agreed to a study session before the March 24th Council meeting at 5:30 p.m. Mr. McKinney announced that the next business visit with the Chamber of Commerce is scheduled for March 10th, to include the Carlton Hotel and Michaels Optical F. ADJOURNMENT: Mayor O'Malley adjourned the meeting at 10:04 p.m. to the next regularly scheduled meeting of the City Council on March 14, 2006. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Deputy City Clerk The following exhibits are available for review in the City Clerk's office: Exhibit A — Atascadero Main Street, letter Exhibit B — Petition, Colima Road residents CC Draft Minutes 02/28/06 Page 11 of 11 • • ITEM NUMBER: A-2 DATE: 03/28/06 Atascadero City Council Staff Report - Public Works Department Atascadero Avenue Overlay Award City Bid No. 2006-001 (Authorization to execute contract with Granite Construction for the pavement of portions of Atascadero Ave. between Santa Barbara & San Diego Roads.) RECOMMENDATION: Council authorize the City Manager to execute a contract with Granite Construction in the amount of $168,768.00 for paving portions of Atascadero Avenue between Santa Barbara Road and San Diego Road. DISCUSSION: Background: Sections of the pavement on Atascadero Avenue between Santa Barbara Road and San Diego road have deteriorated and require repair. City staff has identified these sections of Atascadero Avenue for re -paving under the Atascadero Roads Program. The City Council previously appropriated funds in the FY 2005-2006 budget to complete this road repair project. Analysis: The project was advertised from February 6, 2006 through March 7, 2006. Four bids were received. The bids were reviewed for accuracy and compliance with the City of Atascadero bidding requirements. Granite Construction is the lowest responsible bidder at $ 168,768.00. Conclusion: Staff recommends that the City Council award a contract Granite Construction in the amount $ 168,768.00 for the Atascadero Avenue Overlay Project. 20 FISCAL IMPACT: ITEM NUMBER: A-2 DATE: 03/28/06 i ESTIMATED EXPENDITURES General Capital Funds Design $ 10,000 Construction (Engineers Estimate) $ 168,770 Inspection / Testing / Construction Administration- 10% $ 16,880 Contingency -20% $ 33,760 Total Estimated Expenditures: $ 229,410 BUDGETED SOURCES General Capital Funds 1 $ 300,000 Total Budgeted Sources: 1 $ 300,000 ALTERNATIVES: Do not award the contracts. Direct staff to re -bid or defer the project: ATTACHMENTS: Bid Summary 21 Cit of A Office of the City Clerk BID SUMMARY TO: Public Works Department FROM: Marcia McClure Togerson, C.M.C., City Clerk BID NO.: 2006-001 OPENED: March 7, 2006 PROJECT: Atascadero Avenue Overlay Four (4) were received and opened today, as follows: Bidder Amount Michael Frederick Paving Corp. $181,011.00 P.O. Box 573 Atascadero, CA 93423 Granite Construction Company $168,768.00 P.O. Box 6744 Santa Barbara, CA 93160 A.J. Diani Construction Co. Inc. $226,452.80 P.O. Box 636 Santa Maria, CA 93456 R.Burke Corporation $184,068.35 P.O. Box 957 San Luis Obispo, CA 93406 • 22 • • ITEM NUMBER: A-3 DATE: 03/28/06 Atascadero City Council Staff Report - Public Works Department Asphalt Purchasing and Delivery Services (Request authorization to enter into ongoing contracts for asphalt purchasing with two separate vendors.) RECOMMENDATION: Council authorize the City Manager to enter into ongoing contracts for asphalt purchasing and delivery with Hanson Aggregates and with Union Asphalt. DISCUSSION: The City has several local road paving projects planned and funded for fiscal years 2005-2007. Staff requests the ability to create ongoing contracts with multiple firms that sell and deliver asphalt. This allows the City to purchase asphalt for road paving projects as needed. Due to limited availability of material on any given day, and due to daily fluctuating price of asphalt, staff is unable to secure quotes in advance for the purchase and delivery of this product. Multiple on-going contracts will allow City staff to effectively secure the purchase and delivery of asphalt as needed. On February 17, 2006, staff solicited proposals from qualified asphalt plants for the purpose of establishing a qualified vendors list. Responses were received from two plants by the proposal due date of March 9, 2006. The responses were reviewed for qualifications, previous experience and references. The two vendors were found qualified and staff is recommending that they both be awarded on-going contracts. 24 ITEM NUMBER: A-3 DATE: 03/28/06 FISCAL IMPACT: Funds for the purchase and delivery of asphalt is included in annual Street Maintenance Division budget: ATTACHMENT: Attachment "A" - Qualified Vendor List 25 ITEM NUMBER: A-3 DATE: 03/28/06 'Attachment "A" CITY OF ATASCADERO ASPHALT PURCHASING AND DELIVERY SERVICES QUALIFIED VENDOR LIST March 2006 Firm Plant Location Asphalt Purchase Asphalt Delivery Hanson Aggregates Yes Yes 131 Suburban Road San Luis Obispo, CA 93401 805 438-5778 Union Asphalt 2480 Ramada Dr. Yes Yes 1625 East Donovan Rd. Paso Robles Santa Maria, CA 93454 (805) 925-2505 (805) 238-3363 40 Approved by the City Council 3/28/06 • 26 • • 0 Atascadero City Council Staff Report Public Works Department ITEM NUMBER: A-4 DATE: 03/28/06 Annual Sewer -Line Cleaning Services (Request for authorization to hire Mark Simon Sewer Maintenance to conduct the City's annual sanitary sewer -line cleaning.) RECOMMENDATION: Council authorize the City Manager to execute a four year contract with Mark Simon Sewer Maintenance in the amount of $15,400.00 annually, for sanitary sewer -line cleaning services. DISCUSSION: Background: Each year the City of Atascadero contracts for the cleaning and swabbing of approximately one-quarter of the approximately 200,000 linear or sanitary sewer -lines owned and maintained by the City of Atascadero. Staff utilizes- outside contractors to perform this portion of our annual sanitary sewer -line maintenance program for cost effectiveness. Analysis: The annual Sewer -line cleaning project was advertised from February 2, 2006 through February 23, 2006. Three bids were received. The bids were reviewed for accuracy and compliance with bidding requirements and Mark Simon Sewer Maintenance was found to be the low qualified bidder, with a proposal of $61,600.00 for the four year contract period. The Bidders were asked to provide a four-year cost. Conclusion: Mark Simon Sewer Maintenance is the successful low qualified bidder and is qualified and prepared to complete annual sanitary sewer -line cleaning contract. Staff recommends that the City Council award the project to Mark Simon Sewer Maintenance, and authorize the City Manager to enter into an agreement with Mark Simon Sewer Maintenance for these services. FISCAL IMPACT: Approval of this agreement will result in the expenditures of $61,600.00 in Wastewater funds over the next four years. 0. C. Atascadero City Council Staff Report - Public Works Department ITEM NUMBER: A-5 DATE: 03/28/06 Final Map 2005-0110 (Tract 2626) Santa Barbara Road / EI Camino Real (TTM 2003-0033) (Centex Homes) (Approval of a one hundred fifty-four lot subdivision.) RECOMMENDATIONS: Council: 1. Accept Final Tract Map 2005-0110 (Tract 2626); and, 2. Accept the offers of dedication for Street purposes, the Public Sewer Easements, and Lot OS -15 in fee simple; and, 3. Reject, without prejudice to future acceptance, the offers of dedication for Public Storm Drain Easements and Public Pedestrian Access Easements; and, 4. Authorize City Manager to execute a Subdivision Improvement Agreement, a Subdivision Annexation and Assessment and Parcel Tax Authorization Deferral Agreement, and an Affordable Housing Agreement; and, 5. Execute a Memorandum of Development Condition. DISCUSSION: Tentative Tract Map 2003-0033 / Tract 2626 was approved by the City Council on September 14, 2004. The approved division was a one hundred fifty-four lot subdivision consistent with a master plan of development. 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 accepting the offers of dedication for street purposes on EI Camino Real and Santa Barbara Road, the public sewer easements, and Lot OS -15 in fee simple. Staff recommends. rejecting the offers of dedication for public storm drain easements and public pedestrian access easements, without prejudice to future acceptance, as shown on the final map. Staff has determined that the Final Tract Map is consistent with approved Tentative Tract Map. ATTACHMENTS: Exhibit A: Final Map 2005-0110 (Tract 2626) 30 ITEM NUMBER: A-5 DATE: 03/28/06 Exhibit A Final Map 2005-0110 (Tract 2626) Santa Barbara Road / El Camino Real Centex Homes 31 • • ITEM NUMBER: A-5 DATE: 03/28/06 cjj Si tj AllR� IN of 0 bp At b 1. 32 r ~'I er cjj Si tj AllR� IN of 0 bp At b 1. 32 • ITEM NUMBER: B-1 DATE: 03/28/06 Atascadero City Council Staff Report -Community Development Department Appeal 2005-0006 Appeal of Planning Commission Action on November 1, 2005 For Reconsideration of Conditional Use Permit 2000-0022 (6125 San Anselmo Avenue) Amendment of CUP 2000-0022 (Shores) (Appeal of the Planning Commission decision concerning the non permitted driveway at the Car Wash on San Anselmo Road.) .RECOMMENDATION: Council require the placement of a new median in San Anselmo Road in lieu of removing a non -permitted ingress/egress driveway. REPORT -IN -BRIEF: This is an appeal of the Planning Commission's approval of an Amendment to Conditional Use Permit 2000-0022 revising the Master Plan of Development to address site development inconsistencies. This appeal is to review issues relative to the Planning Commission's modified condition to remove a non -permitted driveway on San Anselmo Road and install required landscaping in front of the driveway. Situation and Facts: 1. Appellant: Jerry Clay, Sr., Council Member 2. Applicant / Property Owner: Jim Shores P.O. Box 216 Atascadero, CA 93423 (805/466-2767) 34 ITEM NUMBER: B-1 DATE: 03/28/06 3. Representative: Russ Thompson, Engineer 7600 Morro Road Atascadero, CA 93422 (805/462-1375) 4. Project Address: 6135 San Anselmo Road, Atascadero, CA 93422; APN 049-225-024 5. General Plan Designation: GC (General Commercial) 6. Zoning District: 7. Site Area: 8. Existing Use: 9. Environmental Status:. DISCUSSION: CT (Commercial Tourist) .53± acres Temporary Occupancy for carwash Class 1, Categorical Exemption Section 15315 The site is located at 6135 San Anselmo Road, west of Highway 101. The property is approximately 0.53± acres and is surrounded by similar sized lots. The site is currently developed as a carwash facility with three small retail buildings along San Anselmo Road. The retail buildings and majority of the site improvements were constructed prior to purchase by this applicant. However, the overall project site improvements have not been finaled by the City and are inconsistent with the original conditions of approval. The applicant was notified in September 2003 of the outstanding issues, which included: ■ Installation of a 10 -foot wide landscape planting area between the parking area and San Anselmo Road ■ Screening of mechanical, heating and air conditioning equipment ■ Installation of street trees ■ Incorporation of native oak trees into the landscape plan ■ installation of an additional vacuum station ■ Excessive noise from car wash blowers • Illegal Driveway on San Anselmo Road ■ Installation of masonry and iron fencing along western property boundary to match the eastern property boundary ■ Installation of facia trim on the car wash building • Installation of decorative gooseneck style lighting ■ Monument sign design ■ Bicycle parking spaces 35 • • • ITEM NUMBER: B-1 DATE: 03/28/06 The Planning Commission heard the reconsideration on November 1, 2005. The Applicant had requested the reconsideration in order to allow for a shade structure over the vacuum stations and to allow a San Anselmo driveway that was not allowed on the original Master Plan of Development. The Planning Commission also reconsidered outstanding conditions of approval that prevented issuance of a final certificate of occupancy. (See Attachment A for Planning Commission minutes and Attachment C for Planning Commission Staff report) The original conditions specifically did not allow a driveway at this location. Staff was concerned about adding left-hand turns in an area on San Anselmo Road that already had turning movement problems. The driveway was installed without City approval or inspection. The Applicant had worked with Public Works staff in an attempt to resolve the illegal driveway issues prior to the Planning Commission Meeting. The driveway was narrowed and right turn only signage was added in an attempt to restrict left hand turns. Vehicles continued turning left onto San Anselmo Road out of the driveway after it was narrowed. The Applicant and his engineer then recommended the installation of,a raised median in San Anselmo that would limit left turns in and out of the non -permitted driveway. Staff supported the median and that was the recommendation that was brought to Planning Commission. The Applicant changed his mind, at the Planning Commission Meeting, and decided he • wanted to request that the driveway be allowed to remain as it is. He felt he had already complied with Public Works by narrowing the driveway and adding signage. The Planning Commission did not agree and required the driveway on San Anselmo Road be removed, sidewalk be installed and landscaping be placed in front of the new sidewalk. The Commission determined that additional area on the site, would be available for the installation of the required landscaping and street trees by removing the driveway. Vehicular traffic on San Anselmo Road, between US 101 Interchange and Monterey Road, experiences a low level -of -service. This is due to high volumes of traffic and turning movements. Left hand turning movements on and off US 101, San Palo Road and surrounding commercial uses cause San Anselmo Road traffic to back up. Drivers can become impatient with the delays and make risky left hand turns on and off the Road. The Planning Commission, after receiving comments from the Applicant, the Applicant's Representative and members of the public, approved modified conditions to resolve the above outstanding issues. Staff continues to recommend restriction of left-hand turns on and off of San Anselmo Road. For this project, that would require either closure of the driveway or the construction of a raised median. 36 Street Improvements—Median Curb �� � � �Hr��' � ..: l���ry�4a r ` ■CSI . i �� 37 • 0- ITEM NUMBER: B - 1 DATE: 03/28/06 ALTERNATIVES: 1. The City Council may uphold the Planning Commission's approval of the Reconsideration of Conditional Use Permit 2002-0022 based on the modified conditions of approval and deny the appeal. 2. The City Council may grant the appeal with modifications to the project. Listed below are potential modifications: a) Planning Commission's Recommendation: Close driveway. Estimated construction cost $1,500.00. Landscaping can be added behind the closed driveway. b) Construct median. Estimated construction cost $15,000.00. c) Enter into development agreement to participate in the improvements of the final recommendations of the Operational Improvement to Interchanges in Atascadero. This may include turning restrictions, driveway closure and cost sharing in improvements. Cost unknown. d) Allow Driveway to remain open. This will not mitigate the increased left hand turns onto San Anselmo Road. . 3. The City Council may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Council should clearly state the type of information that is required and move to' -continue the item to a future date. ATTACHMENTS: Attachment A Planning Commission Minutes Attachment B: Appeal Application Attachment C: Planning Commission Staff Report Attachment D: Draft Resolution A: Council Resolution of Denying Appeal (includes Planning Commission's conditions of Approval) 0 ITEM NUMBER: B-1 DATE: 03/28/06 Attachment A: Application for Appeal CUP 2000-0022 Planning Commission Minutes 1. CONDITIONAL USE PERMIT 2000-0022 RECONSIDERATION U Owner, Jimmie D. Shores, P O Box 216, Atascadero, CA 93423 Project Tit/e: San Anselmo Carwash - Reconsideration of Conditional Use Permit 2000-0022. Project 6125 San Anselmo Road, Atascadero, CA 93422 Location; (San Luis Obispo County) APN 049-225-024 Project The proposed project is a reconsideration of an approved Conditional Use Permit to allow Description; for an additional ingress/egress on San Anselmo near the northwest corner of the site. The ingress/egress request includes installation of a berm median that limits movement to right turns only. General Plan Designation: GC (General Commercial) Zoning District: (CT) Commercial Tourist Proposed CEQA Categorical Exemption Section 15301- Existing Facilities. Environmental Determination: Associate Planner Kerry Margason gave the staff report, City Engineer Steve Kahn spoke about circulation issues for this project and both answered questions of the Commission. PUBLIC COMMENT Russ Thompson, applicant's representative, spoke about the project and requested several changes including: 1) Condition Nos. 7 and 10 amended to permit the option of either constructing the median or removing the driveway if the median is not built, and 2) installation of a wooden planter or decorative urn to screen the air- conditioning condensers. Mr. Thompson answered questions of the Commission. Jim Shores, applicant, expressed concern with the Conditions of Approval for the driveway, fencing, lighting, and monument sign. Mr. Shores answered questions of the Commission. Chairperson Porter closed the Public Comment period. There was Commission discussion regarding the driveway and median, fencing, lighting, signage, screening of the air-conditioning equipment, curbing at back of property, trees and landscaping, the shade structure, noise mitigation for dryers, and the fairness of requesting the applicant to make further changes. 0 39 ITEM NUMBER: B-1 DATE: 03/28/06 MOTION: By Commissioner Kelley and seconded by Chairperson Porter to adopt Resolution PC 2005-78 approving Reconsideration of Conditional Use Permit 2000-0022, subject to conditions of approval and with the following changes to the Conditions on Page 14 of the staff report: ■ Condition 1: Applicant has agreed to this condition—no change. ■ Condition 2: Add that ornamental planters similar, to what the city has installed in the downtown redevelopment agency could be put on either side of the air-conditioning units. ■ Condition 3: To be waived ■ Condition 4: To stand as written ■ Condition 5: Applicant has agreed to work with staff and reduce the blowers from five to three. ■ Condition 6: Applicant advised to reduce driveway and did so, therefore he met his responsibility, and it was done in good faith, so Commission must accept that. ■ Condition 7: Fence will be an open one. ■ Condition 8: Applicant has agreed with this condition— no change. ■ Condition 9: Lights okay as are. ■ Condition 10: Sign will be replaced between the two masonry pillars that are in place. ■ Condition 11: Bicycle rack should be put in. Motion failed 3:3 by a roll -call vote. (O'Keefe, Fonzi, Beraud opposed) MOTION: By Commissioner O'Keefe and seconded by Commissioner Fonzi to adopt Resolution PC 2005-78 approving Reconsideration of Conditional Use Permit 2000-0022, subject to conditions of approval and with the following changes to the Conditions on Page 14 of the staff report. ■ Condition 1: Site access will be limited to one driveway and that's where the landscaping would be done. ■ Condition 2: Sidewalks must be removed and the details to be worked out between staff and applicant. ■ Condition 3: With additional landscaping after closing off the exit, won't need to do as many trees and the details could be worked out with staff. • Condition 4: Native oak trees will be planted in the back ■ Condition 5: Carwash blowers will be reduced from five to three to reduce noise. ■ Condition 6: Site access will be limited to one driveway on San Anselmo. ,N ITEM NUMBER: B-1 DATE: 03/28/06 ■ Condition 7. Iron picket fence to be used to add consistency to tie project together. ■ Condition 9: Lighting is okay as is—no changes to condition. ■ Condition 10: Applicant can decide where to put sign as long as it is attractive ■ Condition 11 No changes. ■ New shade structure. ■ Remove card -lock gas station. ■ Landscaping in driveway area will include trees. Motion passed 4.2 by a roll -call vote. (Kelley, Porter opposed) 41 • • 0 0 ITEM NUMBER: B-1 DATE: 03/28106 Attachment B: Application for Appeal CUP 2000-0022 Application Form PLANNING APPLICATION OWNER I APPLICANT: ADDRESS: ADDRESS: PHONE P14ONE FAX t: FAX 4: OWNER 2: ADDRESS: Pi Appellant: Jerry Clay, Council Member I FAX #: FA- #: I PROJECT ADDRESS: '5ail 4Y-,-,mhfA0Nl LEGAL DESCRIPTi Z2.-5 —'l ASSESSOR PARCEL NUMBER(S) 7-7,-52-4 EXISTING USE(SI: 6mie LA -Li PROJECT Ti PROJECT DESCRIPTION (Proposed land use, development itypt, (retail, commercial) & size (squart-feet); hours of operation, nature LAVE. consent to the filing of this apph—cuion and declare that this application and rein ned docunicrits are true and correct. (Note: the signature of the pro l 07) quired on this application before 13 WitiLbe accepted. Wet signature required. Fail sigi re wit[ not be accepted dw w6 —rI 1' 0 Ori2inal signature Yquuired Date Owner 2 Original signature required Date Agent Original signature required Date For staff use only Fee; Recoil t.': 42 ITEM NUMBER: B-1 DATE: 03/28/06 • Attachment C: Planning Commission Staff Report, November 1, 2005 CUP 2000-0022 Planning Commission Staff Report Staff Report - Community Development Department Reconsideration of Conditional Use Permit 2000-0022 6125 San Anselmo Avenue Amendment of CUP 2000-0022 (Jim Shores) SUBJECT: The proposed project consists of an Amendment to Conditional Use Permit 2000-0022 revising the Master Plan of Development to: (1) address site development inconsistencies; (2) propose a new shade structure over the vacuum stations; (3) remove the card lock gas station from the Master Plan of Development; and (4) propose a new median in San Anselmo Road in lieu of removing a non -permitted ingress/egress driveway. 0 RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2005-78 approving Reconsideration of Conditional Use Permit 2000-0022, subject to conditions of approval. SITUATION AND FACTS: 1. Applicant / Property Owner Jim Shores P.O. Box 216 Atascadero, CA 93423 (805/466-2767) 2. Representative: Russ Thompson, Engineer 7600 Morro Road Atascadero, CA 93422 (805/462-1375) 3. Project Address: 6135 San Anselmo Road, Atascadero, CA 93422 APN 049-225-024 4. General Plan Designation: GC (General Commercial) 43 • • L-1 5. Zoning District: 6. Site Area: 7. Existing Use: 8. Environmental Status: DISCUSSION: Background: ITEM NUMBER: B - 1 DATE: 03/28/06 CT (Commercial Tourist) .53± acres Temporary Occupancy for Carwash Class 1, Categorical Exemption Section 15315 The site is located at 6135 San Anselmo Road, west of Highway 101. The property is approximately .53± acres and is surrounded by similar sized lots. The project lies within a block of commercial uses including Union 76 Gasoline Station to the east, Arco AM/PM Gasoline Station and In & Out Burger Drive -Through Restaurant to the north, Kentucky Fried Chicken Drive -Through Restaurant and a motel to the south, and residential properties. The. site is currently developed as a carwash facility with three small retail buildings along San Anselmo Road. The retail buildings and majority of the site improvements were constructed prior to purchase by the current applicant. However, the overall project site improvements have not been finaled by the City. 31 ITEM NUMBER: B-1 DATE: 03/28/06 Summary: The proposed project is a request to revise the Master Plan of Development to (1) address site development inconsistencies; (2) propose a new shade structure over the vacuum stations; (3) remove the card lock gas station from the Master Plan of Development; and (4) propose a new median in San Anselmo Road in lieu of removing a non -permitted ingress/egress driveway. The new median would limit ingress and egress to and from the site to a right turn only. The items under reconsideration are stated below. Following each item is the condition number within the original, approved conditions of approval for reference. These original conditions required the following: 1. Installation of a 10 -foot wide landscape planting area with a raised berm between the parking area and the San Anselmo sidewalk(Condition 12c); 2. All mechanical, heating and air conditioning equipment to be architecturally compatible and screened from public view (Condition 15); 3. Installation of London Plane street trees 30 feet on center (Condition 19.a) along San Anselmo; 4. Incorporation of native oak trees into the landscape plan (Condition 19. c.); 5. Car wash blower and vacuum stations to comply with the City's Noise Ordinance '(Conditions 37 and 38); 6. Site access be limited to one driveway at the intersection of San Anselmo and Monterey Road and shared access off of San Palo. Driveway apron on San Anselmo Road adjacent to Union 76 to be removed (Condition 39); 45 L • 0 ITEM NUMBER: B-1 DATE: 03/28/06 7. Installation of a masonry and iron picket fence and landscape planter on the western edge of the property consistent with the fence on the eastern edge of the property (Condition 11); 8. Installation of facia trim to the car wash building (Condition 11 and exhibits); 9. All lighting to be decorative gooseneck style as approved and downshielded to prevent offsite glare (Condition 13b and 24 and Approved Exhibits); and 10. Installation of the monument sign to be surrounded with architectural masonry material (Condition 16). 11. Installation of bicycle parking spaces. In addition, the project was conditioned to be consistent with the approved exhibits as attached to the original staff report. Inconsistencies with approved exhibits include the non -permitted installation of a third vacuum station, failure to construct the curbing around the rear parking area, and failure to install a landscape planter with additional oak trees along the western property line. ITEM NUMBER: B-1 DATE: 03/28/06 47 C ITEM NUMBER: B -1 DATE: 03/28/06 • Analysis: The above-described site and building deficiencies were constructed without authorization from the Planning Commission or staff. The deficiencies were noted upon a call for final inspection by the applicant. At that time, staff noted that the site was not constructed according to the approved plans and deficiencies were cited. Each issue area is further analyzed below. The project had been operating on a temporary occupancy permit and the project has not been finaled to date. (1) Site Development Inconsistencies Site development inconsistencies were constructed by both the original developer through completion of the three retail buildings, and the current applicant through completion of the car wash facility. Although the retail buildings were permitted and finaled, the project was still considered under construction and subject to completion and correction of all site improvements (i.e. landscaping, pavement, curbing, signage, fencing, lighting, etc). Staff does not have the authority to waive these inconsistencies. The Planning Commission must review each item and determine if the item can be waived or modified.per original CUP approval, or have the CUP Master Plan amended to reflect the non -permitted improvements constructed to date. The items for consideration are as follows: . 1. Installation of a 10 -foot wide landscape planting area along the parking lot with a raised berm along San Anselmo (Original CUP Condition 12c). Staff Comment: The parking lot was constructed without this landscape berm. Staff recommends that the only opportunity for additional landscape is with the installation of additional trees and shrubbery at other locations on the site as identified in item 3 below and as conditioned in New CUP Condition 13. 2. All mechanical, heating. and air 'conditioning equipment to be architecturally compatible and screened from public view (Original CUP Condition 15). Staff Comment: After completion of the three retail buildings, the owner constructed ground -mounted air conditioning units on the sidewalks to the side of each building without permits.- Staff recommends that the concrete sidewalks be removed and infilled with landscaping (New CUP Condition 15). 3. Installation of London Plane street trees 30 feet on center along San Anselmo (Original Condition 19.a). Staff Comment: As the public sidewalk contains no tree planters and no landscape berm was provided along San Anselmo, staff recommends planting two London Plan Trees in the parking lot planter along the public sidewalk between two of the retail buildings (New CUP Condition 13). M. ITEM NUMBER: B-1 DATE: 03/28/06 4. Incorporation of native oak trees into the landscape plan (Original Condition 19. C.). Staff Comment: Native oak trees have not been planted.on site to date. Staff recommends planting several native oak trees (minimum of 5) at the rear of the site within the level area between the base of the slope and the paved parking area (New CUP Condition 18). 5. Car wash blower and vacuum stations to comply with the City's Noise Ordinance (Original CUP Conditions 37 and 38). Staff Comment: Staff's observation is that the ground -mounted vacuum cleaners are not noise problematic. However, an overhead rack of five exposed high powered blower fans in the automated car wash stall presents significant noise impacts on and off site. Staff recommends that the fans be removed and. redesign to reduce noise and provide architectural screening. Staff recommends that the applicant propose a noise -sensitive blower unit, subject to staff review and approval (New CUP Condition 11). 6. Site access be limited to one driveway at the intersection of San Anselmo and Monterey Road and shared access off of San Palo. Driveway apron on San Anselmo Road adjacent to Union 76 to be removed (Condition 39); i Staff Comment: In accordance with a traffic study that was prepared to address the third access point, the applicant has submitted a design for a median to be installed in San Anselmo that would prevent left -turn vehicular movement. Planning staff is recommending that the design be modified as to width and appearance, requiring a minimum of 2'6" in width with cobblestone filler, similar to the median in Del Rio Road, east of the Highway 101 on ramp. 7. Installation of a high quality masonry and iron picket fence and landscape planter on the western edge of the property consistent with the fence on the eastern edge of the property (Original Condition 11 and approved Exhibits). Staff Comment: Staff recommends that the existing wood fence be replaced with an upgraded architectural fence. The Commission may comment on whether the fence should match the easterly fence or may be constructed of a different, high quality material. Staff recommends that the height of the fence not exceed three feet and that the fence be constructed of high-quality durable material (New CUP Condition 9). 8. Installation of fascia trim to the car wash building (Original Condition 11 and exhibits). 0 • ITEM NUMBER: B-1 DATE: 03/28/06 Staff Comment: Staff recommends installing the fascia trim per plan and painting it a putty color to match the existing retail building fascia (New CUP Condition 8). 9. All lighting to be decorative gooseneck style as approved and down shielded to prevent offsite glare (Condition 13b and 24 and Approved Exhibits) Staff Comment: Staff's observation is that the overhead wall mounted security lights on the car wash facility present a significant light and glare impact on and off site. Staff recommends that the lights be reduced to one per each stall and re -mounted in a location above the fascia within the inside of each stall. All exposed wall lighting shall be shielded. If a light is required over the change machine, it is recommended that it be an architectural gooseneck lamp as originally approved (New CUP Condition 10). 10. Installation of the monument sign to be surrounded with an architectural masonry material. Staff Comment: Staff recommends adding a masonry surround per plan to match the existing car wash building fascia (New CUP Condition 12). 11. Installation of bicycle parking spaces at a ratio of one bicycle parking space for every 10 -vehicle parking spaces. (Condition 26) • has conditioned the project to install the required, Staff Comment. Staff a commercial grade bicycle racks. (New CUP Condition 16) (2) Proposed Shade Structure The applicant proposes to install a shade structure over the vacuum stations. The structure would be designed to conform to the existing architectural style of the development, as shown in Exhibit C attached to the draft resolution. (3) Original Card Lock Gas Station The card lock station has not been constructed on the site. After completion of the three retail buildings and car wash facility, it appears that removal of the Card Lock Gas Fueling facility is necessary to insure that onsite vehicular and pedestrian circulation operates in a safe and orderly manner. Staff has included a condition to remove the card lock station from the Master Plan of Development and add curbing and parking lot striping to the rear paved portion of the site (New CUP Conditions 14 and 17). (4) Proposed San Anselmo Road median or remove the non -permitted ingress/egress driveway. • 50 ITEM NUMBER: B-1 DATE: 03/28/06 The original project approval allowed two ingress/egress points, one at the intersection of Monterey Road and one shared access onto San Palo Road. During development of the site, a third ingress/egress driveway was constructed without City permits (see map below). The applicant requests retention of the third ingress/egress point. To date, staff has been unable to resolve ,this issue noting that the driveway was constructed without permits and the driveway apron is out of alignment with the driveway causing exiting vehicles to drive over the six-inch curb rather than over the driveway apron. At present, the car wash facility has been operating only under temporary occupancy status. Public Works staff has identified a partial solution by recommending construction of a median in San Anselmo to create a right -in / right -out movement for this driveway. If a median is constructed, the Planning staff recommends that the median be a minimum of 2 feet 6 inches wide and be filled with cobblestone, consistent with the median in Del Rio Road (New CUP Condition 7). Staff also notes that the site is posted with signs that direct traffic entering and leaving the site which has proven ineffective. 51 • • 0 • ITEM NUMBER: B -1 DATE: 03/28/06 Conditional Use Permit Findincts: There are five standard Conditional Use Permit findings that need to be made for the project. With implementation of the conditions of approval, Staff has determined that all of the following findings can be made: 1. The proposed use is consistent with the General Plan. Staff Response: The revised site plan continues to meet the requirements of the General Plan. 2. The proposed use satisfies all applicable provisions of the Zoning Ordinance. 52 ITEM NUMBER: B-1 DATE: 03/28/06 Staff Response: The revised site plan continues to meet the requirements of the Zoning Ordinance. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in this 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 the property or improvements in the vicinity of the use. Staff Response: As conditioned, the project will not be detrimental to the health, safety or welfare of the general public or people residing or working in the neighborhood of the use, or be detrimental or injurious to the property or improvements in the vicinity of the use. The use of the median in San Anselmo Road will reduce left turns into the project site, thereby reducing the number of vehicles that could turn across traffic. 4. The proposed use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. Staff Response: The proposed use is consistent with the character of the immediate neighborhood of fast food restaurants, and gas stations. 5. The proposed use 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 Response: The proposed use will not generate a volume of traffic beyond the safe capacity of the roads. Environmental Review: A Mitigated Negative Declaration was certified for the original Conditional Use Permit on October 2, 2001. Staff has determined that with implementation of the new CUP conditions regarding noise, lighting, circulation, site improvements, and landscaping, this reconsideration request would be consistent with the original Mitigated Negative Declaration. All mitigation measures of the original Negative Declaration will continue to apply to this project site. 53 • ITEM NUMBER: B-1 DATE: 03/28/06 Is CONCLUSION: The proposed use is consistent with the General Plan and satisfies all applicable provisions of the Zoning Ordinance. The project as conditioned will not be detrimental to the health, safety or welfare of the general public and the proposed use is consistent with the character of the immediate neighborhood. ALTERNATIVES: 4. The Planning Commission may approve this Reconsideration of Conditional Use Permit 2002-0022 with modified conditions of approval. 5. The Planning Commission may deny Conditional Use Permit 2002-0022 based on appropriate findings. To deny the application, the Commission must find that it is inconsistent with one of the required findings. The motion to deny must include a finding for denial. 3. The Planning Commission may continue the application and refer the project back to staff for additional information or analysis. Direction should be given to staff and the applicant. PREPARED BY: Kerry Margason, Associate Planner ATTACHMENTS: Attachment 1: Zoning and General Plan Designation Attachment 2: Original Conditions of Approval Attachment 3: Draft Resolution PC 2005-0078 • 54 Attachment D: Council Resolution DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO GRANTING AN APPEAL OF A CONDITIONAL USE PERMIT WITH MODIFIED CONDITIONS OF APPROVAL FOR PROJECT ACCESS LOCATED AT 6135 SAN ANSELMO ROAD (RECONSIDERATION OF CUP 2000-0022; JIM SHORES) WHEREAS, an appeal of the Planning Commission's action approving a Reconsideration for Conditional Use Permit 2000-0022, with modified conditions of approval has been received from Jerry Clay, Sr., 7285 Sycamore Road, Atascadero, California 93422; and, WHEREAS, the reconsideration of Conditional Use Permit was requested to allow for a third ingress/egress and installation of a shade structure over the vacuum stations; and, • WHEREAS, the project, as currently developed is inconsistent with the approved Master Plan of Development (CUP 2000-0022); and, 0 WHEREAS, the Planning Commission adopted modified conditions of approval to bring the project into compliance with the scope and intent of the approved Master Plan Development (CUP 2000-0022); and, WHEREAS, the Project has been operating under a Temporary Certificate of Occupancy since September 25, 2003, at which time the Project Owner was notified that the Master Plan of Development was inconsistent with the conditions of approval and would need to be brought into compliance prior to issuance of a Final Certificate of Occupancy; and, WHEREAS, the site is located within the General Commercial (GC) land use designation of the City of Atascadero's General Plan Land Use Diagram; and, WHEREAS, the proposed project site is located in the Commercial Tourist (CT) zoning district; and, WHEREAS; the Planning Commission reviewed the Reconsideration of Conditional Use Permit 2000-0022 application on November 1, 2005, at 7:00 p.m. and considered testimony and reports from staff, the applicant, and the public; and, 55 • WHEREAS, the Planning Commission adopted PC Resolution 2005-0078 (attached hereto and incorporated herein as Exhibit A), approving the Reconsideration of Conditional Use Permit 2000-0022 with modified conditions of approval; and WHEREAS, an appeal of the Planning Commission's action, in regards to the modified condition of approval requiring the removal of third point of ingress/egress for the project has been filed; and, WHEREAS, the City Council reviewed the appeal of the Planning Commission action on January 24, 2006, at 7:00 p.m. in the Council Chambers located at 6907 El Camino Real and considered testimony and reports from staff, the appellant, and the public; and, NOW, THEREFORE, the City Council takes the following actions: SECTION 1. Grant of Appeal. The City Council grants the appeal of of Conditional Use Permit 2000-0022, with modified conditions of approval and finds as follows: A raised median shall be installed in San Anselmo Road and the northeastern driveway shall be allowed to remain open to right turns only as shown in Exhibit Al. SECTION 2. Findings for Granting of the Appeal. The City Council finds as follows: 1. The modified conditions of approval are consistent with the Master Plan of Development, CUP 2000-0022; and, 2. The proposed project, as conditioned, is consistent with the General Plan; and, 3. The proposed project, as conditioned, satisfies all applicable provisions of the Zoning Ordinance; and, 4. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in this particular case, be detrimental to the health, safety, or welfare of the general public or people 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, 5. The proposed project, as amended and conditioned, will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and, 56 6. The proposed project, as amended and conditioned, 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 the full development in accordance with the Land Use Element. On motion by Council Member , and seconded by Council Member the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ADOPTED: Attest: Marcia McClure Torgerson, City Clerk APPROVED AS TO FORM: Patrick Enright, City Attorney 57 CITY OF ATASCADERO Tom O'Malley, Mayor • 0 L71 • K-1 • EXHIBIT Al: Site Plan • Atascadero City Council Staff Report City Attorney ITEM NUMBER: B-2 DATE: 03/28/06 Interim Urgency Ordinance Establishing A Moratorium on Conversion of Residential Units To Condominiums (Temporary Ordinance establishing a moratorium on conversion of residential units to condominiums.) RECOMMENDATION: Council adopt the interim urgency ordinance establishing a moratorium on conversions of residential units to condominiums. • DISCUSSION: Background: In the past year, the City of Atascadero has received an increasing number of applications and inquiries from apartment owners interested in converting their rental units into for -sale condominiums. The issue was presented to the Council on September 9, 2005 and on March 14, 2006,. and the Council expressed interest in exploring ways to control the rate of condominium conversions and to preserve the City's affordable housing stock. Over the years, typically during times when housing prices have been disproportional to rental levels, there has been an interest by individual property owners in converting ` existing rental units to ownership housing. Many communities have responded to the concerns with regard to these conversions --typically rental housing and tenant protection issues --through the adoption of condominium conversion regulations. The City of Atascadero did this in 2000, with the adoption of Chapter 11-12 of the City's Code. Chapter 11-12 regulates the process for the conversion of apartment to condominium including the application process, tenant provisions, hearing requirements, and property improvement standards. The Chapter does not address controlling the rate of conversions and the preservation of affordable housing stock in the City. L� ITEM NUMBER: B-2 DATE: 03/2at06 In 2002, the City Council adopted a General Plan for the City, and the Housing Element provides: 0 "Goal HOS 3: Ensure that an adequate amount of rental housing exists." "Policy 3.1: Ensure that the proportion of low and moderate housing is not significantly reduced." Recently the City retained the firm of Goldfarb Lipman LLP to review the condominium ordinance. In particular, staff and Goldfarb Lipman LLP is to study and give options to the Council on reducing the rate of condominium conversions, including requirements for retention existing affordable housing units and any additional protections for tenants. The review will also evaluate the development standards and whether CC&Rs should be required on future condominium conversions. The purpose of the review is to ensure, as required by the City's General Plan, that the proportion of low and moderate housing in the City is not significantly reduced. The City Council may, pending a study of a contemplated zoning proposal, adopt a temporary interim ordinance, as an emergency measure. Interim ordinances enacting moratoria and other growth management measures are lawful exercises of the police power and do not amount to a temporary taking under First English Evangelical Church v. County of Los Angeles (1987) 482 U.S. 304, 320 so long as they do not "go too far." In California an interim moratorium ordinance must be adopted pursuant to Government Code section 65858, which prohibits approval of new development plans so that a City can re-evaluate its land use policies. The ordinance is lawful provided the period of delay is reasonable and there are valid governmental reasons justifying its adoption. - (Tahoe -Sierra Preservation Council v. Tahoe Regl Planning Agency (2002) 535 U.S. 302, 353; First English Evangelical Church v. County of Los Angeles, supra at 320.) The interim ordinance must be approved by a 4/5 voteand remains in effect only 45 days unless extended for 22 months and 15 days, after notice and hearing. The ordinance must contain legislative findings that there is a current and immediate threat to the public health, safety, or welfare, and that the approval of additional subdivisions, use permits, variances, building permits, or other applicable uses which is required in order to comply with a zoning ordinance would result in a threat to public health, safety, or welfare. Ten days prior to the expiration of the interim ordinance or any extension, the City Council must issue a written report describing the measures that have been taken to alleviate the condition which led to the adoption of the ordinance. FISCAL IMPACT: There is no fiscal impact. 61 • ALTERNATIVES: • Adopt the attached Ordinance; • Modify and adopt the attached Ordinance • Do not adopt the attached Ordinance; • Provide direction to Staff. ATTACHMENT: Interim Urgency Ordinance lie Ki ITEM NUMBER: B-2 DATE: 03/28/06 Attachment 1: Draft Ordinance DRAFT ORDINANCE ITEM NUMBER: B-2 DATE: 03/28/06 AN URGENCY ORDINANCE OF THE CITY OF ATASCADERO ADOPTING A MORATORIUM ON CONDOMINIUM CONVERSIONS, AND DECLARING THE URGENCY THEREOF The City Council of the City of Atascadero DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds as follows. A. The City's Housing Element to its General Plan provides as one of its goals that there is an adequate amount of rental housing in the City. Policy 3.1 of the Housing Element requires that the Council "ensure that the proportion of low and moderate housing is not significantly reduced." B. In the last 18 months, the City has seen an significant increase in the number of multifamily projects requesting a condominium conversion. C. The City has received applications for the conversion of 60 rentals to condominiums; and inquiries have been made about the conversion of an additional 200 rental units. D. If all of these rental units were converted to condominiums, it would represent the loss of over 12 percent of the 2,100 rental units in the City. E. The City Council has retained Goldfarb Lipman LLP to review and study the City's condominium conversion ordinance regarding the preservation, acquisition of the City's multifamily rental units, and to examine the need for inclusionary housing and/or fees for the loss of low and moderate income housing. F. Due to the foregoing, the City intends to continue to study the extent to which the conversion of rental units to condominiums are affecting the affordability of rental units and the impacts of increasing rental prices on very low- and moderate -income residents in the City. In the meantime, if a temporary moratorium on condominium conversions is not immediately imposed, substantial rent increases are likely to occur. Such increases would defeat the intent and purpose of the City's General Plan policy of protecting the proportion of low and moderate housing in the City. G. A final report from Goldfarb Lipman, LLP has not been received, however, the consultant and the City Council have preliminarily concluded that the conversion of a significant number of multifamily units to condominiums in the City will produce economic inequities which may be exacerbated by a lack of rental units. Section 2. Imposition of Moratorium The City Council hereby declares that a temporary condominium conversion moratorium on the review and/or approval of the Condominium Conversions for buildings is necessary in order to permit the city the time to conduct research and consider appropriate 63 • ITEM NUMBER: B-2 DATE: 03/28/06 regulations, amendments and/or clarifications to protect the public health, safety, welfare and economic prosperity of the City. Section 3. While this Ordinance remains in effect, no permit, other applicable entitlement, which entails in whole or in part the conversion of any existing rental housing or on residential structures to residential condominiums or community apartment projects within the City shall be issued, except as specified in Section 13 below. Section 4. While this Ordinance remains in effect, no person, firm, partnership, association, corporation, company or organization of any kind shall convert, in whole or in part, or attempt to convert, in whole or in part, any existing rental housing to residential condominium within the City, except as specified in Section 13 below. Section 5. Pursuant to the provisions of California Government Code section 65858, this Ordinance is adopted as an urgency interim zoning ordinance and shall take effect immediately. The facts demonstrating the urgency that forms the basis for this ordinance are as follows: A. According to the City's General Plan adopted in 2002, in 2001there were approximately 9,663 total housing units in the City. Of this total, there were approximately, (1) 3,062 units in multi -family structures (31.7% of all City housing) and. 3,282 renters. According to the 2000 Census data, there were approximately 9,531 households, 3,282 or thirty-four percent (34%) of which were renters; B. The City has most recently experienced an unprecedented increase in applications seeking to convert existing rental housing to residential condominiums; C. The approval or adoption of additional such Condominium Conversions within the City of Atascadero would result in a threat to public health, safety and welfare in that they could alter, in a radical and fundamental manner, the current way of life for the City's residents. By their unique characteristics and requirements, conversion projects tend to magnify the effects associated with higher urban densities to the point where public health, safety, welfare, and economic' prosperity of the City are significantly affected. Such projects may conflict with the City's policy, set forth in the General Plan, to provide a reasonable balance of rental and ownership housing within the City, to provide a variety of individual choices of tenure, type, price and location of housing and to maintain the supply of rental housing for low and moderate income persons and families. It is thus necessary to establish a temporary moratorium to allow for: (1). research and study to determine how to address this use, the type of regulation that may be imposed on this use, and the potential impact this use may have on the City's neighborhoods; and (2) the preparation and presentation of any proposed ordinance, amendments or regulations to address this use. D. It is necessary that this Ordinance go into effect immediately in order to maintain the City's environment pending the outcome of the above -referenced research, study, and analysis, which may dictate the need to further regulate such Condominium Conversions and which, in turn, will help the City Council better understand the detrimental effects, if any, should such Condominium Conversions be allowed to proceed at a pace which, based on past experience, conversions will continue to occur but for the adoption of this interim ordinance; E. . It is necessary that this interim Ordinance remain in effect until the afore - referenced research, study, and analysis have been completed and the recommendations of Planning Department staff and the Planning Commission can be received and considered by the 64 ITEM NUMBER: B-2 DATE: 03/28/06 City Council and the City Council, in turn, can consider amendment of the City's Condominium Conversions Ordinance or otherwise regulate future conversions. Section 6. The City Council therefore finds that there is a current and immediate threat to the public health, welfare, and that the approval of additional Condominium Conversions through the issuance of permits authorizing such activities would result in a threat to, or breach of, that public health and welfare. Section 7. The City Council hereby finds that adoption of this Ordinance will not have the effect of denying approvals needed for the development of projects with a significant component of multifamily housing. Section 8. Pursuant to Government Code Section 36937(b), this interim urgency Ordinance shall take effect immediately upon its passage and adoption. Section 9. Pursuant to Government Code Section 65858, this Ordinance shall expire on a date 45 days following the date of its passage and adoption, unless its term is extended by action of the City Council in accordance with the procedures set forth in Section 65858, or at such earlier time as the City Council acts to repeal this Ordinance and replace it with.a successor Ordinance. Section 10. At least ten days prior to the 45 day interim period provided for in Section 9, the City Council shall issue a written report describing any measures taken to alleviate those conditions herein referenced which lead to the adoption of this Ordinance. Section 11. This Ordinance or a comprehensive summary thereof shall be published once in a newspaper of general circulation in the City of Atascadero within 15 days after its adoption. Section 12. The adoption of this interim ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to sections 15061(b)(3), 15262 and 15306 of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that such adoption may have significant effect on the environment; such adoption involves only feasibility and planning studies for possible future adoption of an ordinance "that has not yet been prepared or adopted. In addition, the adoption of this interim ordinance is partially exempt from CEQA pursuant to Section 15303 of the CEQA Guidelines in that it primarily pertains to the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. Section 13. This Ordinance shall apply to all applications filed on or after March 1, 2006. Section 14. This Ordinance shall be liberally construed to accomplish its intended purposes. Nothing contained in this Ordinance is intended to limit the continuation of lawful nonconforming uses or structures. Section 15. Severability. The City Council hereby declares that should any section, paragraph, sentence, phrase, term, or word of this Ordinance hereby adopted be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this Ordinance irrespective of any such portion declared invalid. 65 ITEM NUMBER: B-2 DATE: 03/28/06 INTRODUCED at a regular meeting of the City Council held on , and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on by the following roll call vote: AYES NOES: ABSTAIN: ABSENT: ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Patrick L. Enright, City Attorney C, CITY OF ATASCADERO Tom O'Malley, Mayor • • Atascadero Cit Council Staff Report Public Works Department ITEM NUMBER: C-1 DATE: 03/28/06 Sewer Reimbursement Agreement Colima Avenue (Approval of a sewer reimbursement agreement for Colima Avenue.) RECOMMENDATION: Council approve the Colima Avenue Sewer Extension Reimbursement Agreement. DISCUSSION: Background: A project consisting of a zone change from RSF-Y (Residential Single - Family -Y) to RSF-Y / PD -21 (Residential Single -Family -Y with Planned Development Overlay #21) with the adoption of a Master Plan of Development, and a five -lot residential Tentative Parcel Map was approved by the City Council on March 9, 2004. This project was part of the Pine Mountain Transfer of Development Rights. A sewer main was extended to Colima Ave as part of this project. A Sewer Extension Reimbursement Agreement, between the City and Kelly Gearhart for the extension of a public sewer main in Colima Avenue, was brought to the City Council on February 28, 2006. Several residents on Colima Avenue objected to the reimbursement at the meeting. It was their understanding that the requirement to provide sewer service to the area was mitigation for the increase in density resulting from Mr. Gearhart's Colima Court project and therefore reimbursement- was not required. Staff was directed to obtain the transcripts of the February 17th, 2004 Planning Commission meeting; the March 9th, 2004 City Council meeting, review the Conditions of Approval relating to this project and bring the item back for Council review. The City Attorney was also directed to provide an opinion on the ability for cities to require offsite improvements on developers that have no nexus to the subdivision. 0 ITEM NUMBER: C-1 DATE: D3/28/06 Analysis: • Staff has reviewed the transcripts of both the Planning Commission and City Council meetings. We have'found no specific comments that would imply that a reimbursement would not be allowed. • Tentative Tract Map Condition of Approval No. 45 of is as follows: "Sewer main shall extend along the Colima Avenue frontage and to all on-site and all off-site locations identified on Exhibit C. The City Engineer shall approve the final design of the sewer. The applicant shall submit a map showing the extents of possible service." Exhibit "C" is included in this report's Attachment "C." The Sewer was extended in Colima Ave a little further than depicted in Exhibit "C." The Conditions of Approval do not disallow any reimbursement. - • The Conclusion from the City Attorney Memo is as follows: The City must enter into a reimbursement agreement with the subdivider when the subdivider is required to construct public improvements that benefit property not within the proposed subdivision. A subdivider may agree to waive the requirement for reimbursement, however, in this instance there is no evidence in the record before the Planning Commission or City Council that he promised that he would pay the costs for the public improvements without any reimbursements. In fact, there is very little discussion on the issue in the record. Therefore, in this instance, the Council has no discretion but to enter into the reimbursement agreement for Colima Avenue. Conclusion: Based on the above analysis, staff is recommending approval of the Colima Avenue Sewer Extension Reimbursement Agreement. FISCAL IMPACT: The City will collect a 2% Administrative Charge from all reimbursements. This charge will be deducted from the total amount refunded. ATTACHMENTS: Attachment "A" - Excerpt from Planning Commission Meeting 2-17-04 Attachment "B" -Excerpt from City Council Meeting 3-9-04 Attachment "C" - Resolution for Tentative Map 2003-0042 Colima Ave Attachment "D" - City Attorney Opinion dated 3-13-06 Attachment "E" - Sewer Extension Reimbursement Agreement C'� Excerpts of Atascadero Planning Commission Meeting 0 February 17, 2004 • • 3. PI_NE MOUNTAIN TRANSFER OF DEVELOPMENT RIGHTS, GPA 2003-0009/ZCH 2003-0073/DAG 2004-0001, COROMAR AVENUE ZCH 2003-0072/ZCH 2003-0074/CUP 2003-0120/TTM 2003-0041, COLIMA ROAD ZCH 2003-0076/TTM 2003-0042FERROCARIL ROAD - DE ANZA ESTATES, CUP AMENDMENT 2002-0067/TTM 2003-0045 (GEARHART, MOLINA, JOHNSON) Applicant/ Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422 Representative: William Johnson, 8955 Coromar Avenue, Atascadero, CA 93422 George Molina, 5000 Marchant Avenue, Atascadero, CA 93422 Project Title: Pine Mountain Transfer of Development Rights, GPA 2003-0009/ZCH 2003-0073/DAG 2004-0001, Coromar Avenue ZCH 2003-0072/ZCH 2003-0074/ CUP 2003-0120/TTM 2003-0041, Colima Road ZCH 2003-0076fM M 2003-0042 Ferrocaril Road - De Anza Estates, CUP Amendment 2002-0067/T7M 2003- 0045 (Gearhart, Molina, Johnson) Location: Pine Mountain (APN 028-231-003), 8825, 8955 Coromar Ave (APN 056-111-027, 056-111-023), 3680, 3700 Colima (Tentative Tract Map 2557), Ferrocaril Rd - De Anza Estates (049-011-004), Atascadero (SLO County) Project Development Agreement: The project will be processed with a development agreement. The Description: development agreement will be utilized as a legal vehicle to provide for a transfer of site-specific development credits without creating a program that will produce unintended consequences, or a precedent requiring that the City allow increased density on any other sites in Atascadero. The development agreement will incorporate specific government code section procedures to limit its use to the proposed project type and restrict its use in situations where development agreements may be inappropriate. The development agreement will be reviewed by the Planning Commission prior to consideration for adoption in ordinance form by the City Council The proposed development agreement is for a transfer of eight single-family residential lots from Pine Mountain to two receiver sites under a General Plan Amendment and Zone Change process. In addition, a site located along Coromar Avenue will receive a land use and zone change to allow 16 single-family residential lots. The project includes the following additional actions at each site: A. Coromar Avenue: General Plan Amendment from General Commercial to SFR -X (Maximum density of 4 units per acre with a minimum lot area of 0.5 acres net. Smaller lot sizes up to 4 units per acre allowed through a planned development overlay process). Zone. Change from CR & CT to RSF-X zone with Planned Development Overlay No. 17/Conditional Use Permit corresponds to the general plan amendment. The Planned Development Overlay No. 17 may be established in the RSF-X single- family residential zones on lots with a net acreage exceeding one (1) acre. The maximum density within the planned development shall not exceed a gross density of four (4) units per acre. This overlay zone contains specific site development standards that are incorporated into the proposed project. A Vesting Tentative Tract Map is also included corresponding to the proposed 16 residential lots (maximum project entitlement) and site improvements. In addition, a zone change is proposed fora separate but contiguous single-family residential property located at 8955 Coromar Avenue for land use consistency, not subject to the proposed development agreement or above-mentioned planed development. B. Colima Road: General Plan Amendment from SE (2.5 —10 ac lot size) to RSF-Y (Minimum lot size I acre - second units allowed subject to zoning requirements). Zone Change from RS to RSF-Y corresponds to the general plan amendment. A new Planned Development Overlay No. 21 is required to allow one preexisting lot to remain less than one acre and to restrict all lots from adding second dwelling units. A Tentative Tract Map is also included corresponding to the proposed 5 residential lots and site improvements. Maximum project entitlementfive (5) lots, three (3) of which are Excerpts of 021704 PC Meeting Page 1 of 21 70 Deputy Community Development Director Steve McHarris Thank you Chairman Kelley, members of the Planning Commission. Before us tonight is Pine Mountain Transfer of Development Rights. This is a rather complex project being that it covers several sites so I'm going to give you a Kittle bit of introduction and background and take you through the, the, each site. I have several exhibits that are included in your packets and are your adoption exhibits as well; I may not spend as much time as you need, but they're in here so that we can refer back to them during questions, um to shorten the presentation, it could be rather lengthy. In this case there are, there's a variety of, of numbers here in front of you, but rather than just read them all off I'll explain them as we, as I walk you through this project. The applicant's are Gearhart, Molina and Johnson, I believe they are each present in the audience tonight. Just as a preface, the Pine Mountain Transfer of Development Rights also referred to as the TDR project effects four separate project sites, each with separate land uses and zoning amendment proposals. As such the staff report and this presentation are organized into the following four subsections: A. for the Coromar Avenue Planned Development Overlay site, B. for the Colima Road Planned Development Overlay Site, C. for the Ferrocaril Road also referred to as the de Anza Estates Master Plan of Development Amendment, and D. for the Pine Mountain General Plan Amendment and Zone Change. This is a summary of the overall project, um, what happens here is, what Planning Commission is considering is a recommendation to the City Council to approve this overall project. What it is, is the Pine Mountain TDR Project is premised on first the CEQA document, which is a Mitigated Negative Declaration Excerpts of 021704.PC Meeting Page 2 of 21 71 • transferred units from the Pine Mountain property plus two (2) lots that currently exist. C. Ferrocaril Road (De Anza Estates): General Plan Amendment from SE (2.5 —10 ac lot size) to RSF-Y (Minimum lot size 1 acre. Second units allowed subject to zoning requirements). Zone Change from RS to RSF-Y corresponding to the general plan amendment and an amendment to an existing Master Plan of Development to reflect the additional lots and to restrict second dwelling units on all 20 lots within the on-site Planned Development No. 16. A Tentative Tract Map is also included corresponding to the new proposed lots. Maximum project entitlement: twenty (20) units (Five (5) additional units, all of which are transferred units from Pine Mountain plus fifteen (15) lots that currently exist). As an amendment to the existing Master Plan of Development, the project includes conceptual building locations and architectural floor plans and elevations. In the event these buildings are proposed for construction, conditions of approval have been included to meet the original Planned development design intent. D. Pine Mountain: No additional applications. Maximum project entitlement: 0 units, eight (8) units will be transferred from the Pine Mountain property leaving no development credits on the property. The property will be provided to the City free and clear upon project approval through terms of the development agreement. Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. The Proposed proposed Mitigated Negative Declaration is available for public review from 1/12/04 through 2/10/04 at Environmental 6905 El Camino Real Suite 6, Community Development Department, from 8:00 a.m. to 5:00 p.m., Determination: Monday through Friday. Deputy Community Development Director Steve McHarris Thank you Chairman Kelley, members of the Planning Commission. Before us tonight is Pine Mountain Transfer of Development Rights. This is a rather complex project being that it covers several sites so I'm going to give you a Kittle bit of introduction and background and take you through the, the, each site. I have several exhibits that are included in your packets and are your adoption exhibits as well; I may not spend as much time as you need, but they're in here so that we can refer back to them during questions, um to shorten the presentation, it could be rather lengthy. In this case there are, there's a variety of, of numbers here in front of you, but rather than just read them all off I'll explain them as we, as I walk you through this project. The applicant's are Gearhart, Molina and Johnson, I believe they are each present in the audience tonight. Just as a preface, the Pine Mountain Transfer of Development Rights also referred to as the TDR project effects four separate project sites, each with separate land uses and zoning amendment proposals. As such the staff report and this presentation are organized into the following four subsections: A. for the Coromar Avenue Planned Development Overlay site, B. for the Colima Road Planned Development Overlay Site, C. for the Ferrocaril Road also referred to as the de Anza Estates Master Plan of Development Amendment, and D. for the Pine Mountain General Plan Amendment and Zone Change. This is a summary of the overall project, um, what happens here is, what Planning Commission is considering is a recommendation to the City Council to approve this overall project. What it is, is the Pine Mountain TDR Project is premised on first the CEQA document, which is a Mitigated Negative Declaration Excerpts of 021704.PC Meeting Page 2 of 21 71 • 2003-069, under that is the Development Agreement, which encompasses all the items below it, which is 2004-0001, then we have the Pine Mountain TDR, which is the General Plan Amendment, that, that action amends the General Plan designations for these sites below, so that we don't go into a number of separate actions that's covered under this action. As well as below that then is the Zoning Map Change. That also occurs for each of these sites. Then from there we go into each particular site which has additional actions, the Ferrocaril site, the Colima site, Coromar and the Pine Mountain, and each of these I will walk through with you tonight. Just a little bit of background, on October 28th of 2003 the City Council did direct staff to process this proposed TDR project and the corresponding environmental documentation. The City Council did apply a value of eight potential single-family residential lots to be transferred from the Pine Mountain site to two receiver sites located on Ferrocaril and Colima under a General Plan Amendment and Zone Change process. In addition, a site located along Coromar Avenue would receive a land use and zone change to allow 16 single-family residential lots. A little bit about the Development Agreement, it is to be applied to the Pine Mountain proposal only. The transfers, this transfer cites specific development credits without creating a policy or program for future use within the city. The Development Agreement encompasses elements of the entire project. The next section referenced the Coromar Avenue site and is not included in this document. Verbatim minutes can be done if required. Steve McHarris Site B, Colima Road, this is the General Plan Amendment from the 'Suburban Estates, which is the 2 1/2 to 10 acre lot size to the RSF-Y, Residential Single - Family minimum lot size one acre. This project, this zone does normally allow second units subject to zoning requirement. Zone Change, the project does also include a zone change from Residential Suburban to Residential Single -Family Y, corresponding to the General Plan Amendment. The new PD Overlay -21 is being applied to this site, um this is to address one lot that would be less than the one acre required. And the reason for that PD is to avoid zoning this to any higher density than, than need be. The project also includes a Tentative Tract Map corresponding to the five lots and we'll review those lots in a moment here. This is the site, currently there is one lot located along Colima and then there is a lot in the back with an access easement. Oh, sorry, you know when I was running through that last slide I, I, did not mention or it may just come up in another slide here that the second units are restricted in the sense, SFR -Y zone under the PD -21. That was another reason to, to use the PD -21. Um, again, we've go the two lots existing, the one lot is less than an acre and as you'll see as we get to the site plan here, and when we get to the tract map, you'll see what's happening. Essentially the house that exists on this lot remains, um, Sthrough the subdivision process, the back site is required to have a stem having Excerpts of 021704 PC Meeting Page 3 of 21 72 access to Colima Road so this lot does become a little bit smaller than it currently is to accommodation this stem condition. Other than that, the lot size stays very similar to its current configuration. In the meantime, the large lot in the back becomes. four lots rather than the one. Uh, in terms of utilities, this has been the source of some questions from the neighbors in terms of sanitary sewer. The blue dots here represent an eight -inch sanitary sewer line being proposed by the applicant, not only within and throughout the project, but also along Colima Road running north of Colima past uh two driveways actually, there's a driveway to the left, a concrete driveway identified and a brick driveway to the right. So there was some discussion about what the dimensions are here and the dimensions are not as important to us, um, as in this approval exhibit as is the identification of the brick driveway. So no matter what that dimension is to this brick driveway, sewer is proposed to extend just a little bit beyond the brick driveway, in fact actually almost a little bit beyond center of the concrete driveway across the street from the property with the brick driveway. Ah, in addition the sewer is also extended via an easement to the existing cul-de-sac located here. As to grading a drainage, there were also some questions from staff to the public as to what's happening with drainage. The project, as with most projects we see is required and conditioned to not impact adjacent properties with anymore storm drainage flows than currently exist, or historically exist. Currently the drainage pattern in the area in question was the property um in this location. What's happening is, the applicant's showing a proposed drainage detention basin which would pick up flows into the basin and then meter them out at a historic or um, historic or better flow out so there would not be additional flows from development of three additional homes impacting this site. This is the tract map showing the lots, um, probably the noteworthy point of this exhibit is the original lot is identified, what it is, is this acreage here, I pulled it up so its legible, is .94, it was .94 acres and intheproposal it will become .70, so it will be a little bit less than it is today. The remaining lots are all an acre or, or larger. The next section referenced the Ferrocaril Road/ de Anza Estates and Pine Mountain sites and is not included in this document. Verbatim minutes can be done if required. Steve McHarris These are General Plan goals that um, kind of walk us through as they are walk, or as they are explained in your staff report, the project is consistent with. There are a few errata items that I'd like to point out, um, I have supplied you tonight with a couple pages that we noticed were incorrect and we just wanted to make sure they were correct. These don't affect your full-size packets, they are correct, but if you looked in the small reductions, there were a couple exhibits Excerpts of 021704 PC Meeting Page 4 of 21 73 that needed to be changed out. So page 231 the exhibit for Coromar Avenue is incorrect and should be replaced with the exhibit we provided you tonight, which does reflect the full-size exhibit you did receive in your packet. On page 259, similar occurrence appeared to us that there was an incorrect exhibit just a dated exhibit, it was a revised one that had a little bit better information and that one needs to be in there. So we just would like the Planning Commission to recognize those two replacements, and then on page 196 for the Coromar CUP 2003-120, on page 278 for the Ferrocaril CUP 2002-067 amendment, we'd like you to add the following underscored section which is simply the findings for tree removal that were absent from your resolutions. So in conclusion staff does recommend that each of the resolutions contained in your packet be forwarded to the City Council for recommendation for approval including the errata items that I've listed here. That concludes staff's presentation and we are available for any questions. Thank you. Chairperson Kelley Fine, is there uh, the applicant or any of the applicants or their representative, would they like to make a statement? And I think the best way after you make your initial statement, I think we'll go over each one of these properties separate, so we're not bouncing back and forth through all of them. So, after you make an initial statement, if you'd like to, we'll address the Coromar property, and open it up to the public for statements and what have you and do each property is separate. George, would you like to make a statement? Commissioner Beraud Commissioner Kelley, could I make a suggestion that maybe we ask some of our questions of staff first? Chairperson Kellev Well, I'm gonna run the meetings uh, with the applicant's making their statement and then we can ask questions while the applicant's up there. Commissioner Beraud Okay and then have the rest of the public comment. George Molina George Molina, 5000 Marchant Avenue. This has been a long drawn out process, been quite a few months involved. It's been a pleasure working with staff; they've done an excellent job. I think their presentation speaks for itself and I wholeheartedly concur with the staff recommendation and my hope is that you will approve this, this project. Chairperson Kellev Fine, thank you. Is there anyone else from the public that would like to speak, or applicant? Eric Greening. Excerpts of 021704 PC Meeting Page 5 of 21 74 Eric Greening 1 am Eric Greening, 7365 Valle Avenue, and uh, I'm not sure that this is specific to Coromar, but I guess I will ask these questions now just so that they can be part of what's on everyone's mind as we look at the total picture. Uh, I'm still unsure of how the determination was made that there are eight potential legal building sites on that mountain from which the rest of the arithmetic derives, and I'm also confused as to how the 16 building sites on Coromar have been added to the eight that are otherwise being moved down the mountain. Uh, I must say that I do believe that Pine Mountain is a very, very important place to save and we need to save it anyway we can, but we need to do it in such a way that is consistent with ordinances and general plan, and even thought we're being told we're not setting a precedent per se, we're not essentially creating an ordinance with this action, we could be creating expectations as to what desirable open space is worth in a way that could come back to haunt us. And so I would hope that before you may take any action on this package as a whole, you actually find those. values that are being transferred on the property that they are being transferred from. And I think uh, 1 don't blame staff for this because the City Council essentially told them to find it, but I still don't believe it has been found and explained to us. I do have one additional question and that is um, it's very valuable to have the contiguous open space from the Stadium Park over to the open space above Cortez Avenue, and I think having this increment can be very valuable, but um, my question is, what is the status of the property between this and the current public cemetery property. It looks like there's a significant chunk of mountain that still is potentially zoned for residential and uh, my concern is if that were to be developed in some way, it could still compromise the experience of the open space on the top of the mountain, and so I'm again, I, 1 would just like to know what the total picture on the mountain is. I certainly compliment the applicants for attempting to get to a package that saves the mountain, but I think what you don't have in front of you is a range of alternatives. You're given the TDC alternative as if it's the only way you can do it. And uh, there obviously are various sources of funding out there for buying up uh easements or even for buying in fee simple, land that is ecologically valuable and again, before you jump in one particular direction or set expectations in that direction, I would hope that you could have the full picture. So, uh, while this didn't deal specifically with Coromar it gets my concerns out there earlier in the hearing and my specific consideration with Coromar is if you find evidence in front of you that there were eight building sites on the mountain, how did the 16 parcels being created on Coromar relate to those eight building sites because I am having trouble with that arithmetic. Thank you. Chairperson Kelley Thank you Eric. Is there any other people from the public that would like to make a comment? Mrs. Johnson. Excerpts of 021704 PC Meeting Page 6 of 21 75 • Annette Johnson I'm Annette Johnson and I own that little corner ah, on the corner of Portola and Coromar, and I just want the zone change. We are sitting on a commercial zone, which is ridiculous we're a residence. So that's, that's all I want. Chairperson Kelley Fine, thank you. Mr. Gearhart Kelly Gearhart Yeah, I'm Kelly Gearhart; um I guess I'm an Applicant also. Uh, I'm just here to answer any questions that, anybody has any on the sites, the receiver sites, so. Chairperson Kelley Fine, is there anyone else from the public that would like to get up and speak? Jennifer Eichmeyer Good evening, I'm Jennifer Eichmeyer I live at 3605 Colima Road, and I'm the brick driveway that was designated on the site map on Colima. I want to say that I am delighted to see a sewer going down our street and being made available to our home. This will greatly benefit our neighborhood and improve the community. 1 have been trying for long time to get this and I see it as a very good beginning. Chairperson Kelley Fine, thank you. Linda Zirk Good evening, my name is Linda Zirk, my husband and I own the property at 5405 Marco Lane, which is immediately adjacent to Lot #4 on the Colima project. I wish to address the proposal um, from ah, a drainage issue. Uh, we have experienced in the past excessive water coming from the Colima Road area through an underground water source, which I'm not sure if um everybody is aware of this. Um, during winter storms we have had flooding in the backyard of our property, in an effort to ah stop the erosion this underground water source has caused and carry the water away from our property we installed a year ago a retaining wall which faces north, um in our backyard and underneath the wall we have installed a perforated drainpipe, which starts in our backyard, extends along the west side of our home parallel to the driveway. This is approximately 150 feet in, in length down the side of the driveway. Um, along the back of our lot parallel to the Colima Road property is a swale and I think on your drainage um slide you actually had arrows going toward the swale, um that runs down the east side of our property and then it turns south and goes, and the water actually exits into the Marco Lane roadway. Uh, that swale carries uh, surface water only, so storms, etc. Uh, according to the staff report that my husband and I were able to pull off the Internet, uh, the, um there is a 10 percent site slope to the southwest Excerpts of 021704 PC Meeting Page 7 of 21 W and in plain terms that um drains and slopes onto our property. Uh since we currently have a lot of water coming from the project site going underground water source and also the surface water, which dumps, into our swale, we are concerned about the ongoing erosion which will have an adverse effect on our landscaping plans and the future value of our property. Um, as a condition of approval we would request that a modification to the plans be made to include a more detailed um drainage improvement to address and correct the underground and surface water from flowing onto our property and potential flooding and erosion this may cause. Uh, we ask that we be held harmless and indemnified from any underground or surface water that causes flooding and damage to our property should any drainage improvements prove to be insufficient or inadequate, and then we would also request that any setback for Lot #4 for any structures be a minimum of 35 feet from our property line. Chairperson Kelley Fine, thank you. Linda Zirk Thank you. Chairperson Kelley Is there anyone else in the public? Irene Bishop Hi, I'm Irene Bishop, I live at 7151 Serena Court, on, on Pine Mountain nearest, near uh adjacent to George's property and um I was wondering as a neighboring property owner why didn't I receive any notice about this item? And I suggest that before it goes back to the City Council for approval that there should be some sort of a public hearing regarding this issue because it doesn't, it does look rather complex. Um, the Molina property has a lot of problems that would effect any development on it even a residence and some of them were kind of addressed um', the slope is very steep, and an access road would be challenging. And the zoning would need to be changed because as far as I know its still just one parcel and that would equal one residence. And also there's a water issue. I live at the lowest elevation of the, of the property in question and l have very low water pressure even with a booster pump installed. I wonder, I wonder what it would be like at a higher elevation and because of these thoughts I believe that an appraisal should be done in order to better determine what monetary value the city is exchanging for the development credits. It is also interesting to note that the property in question has been on the market for years without being sold. And finally, I also believe that the city's vision for the remainder of open land on Pine Mountain surrounding the Stadium Park is to keep it open and undeveloped and I don't think it should be held ransom for un - altruistic motives. Thank you. Excerpts of 021704 PC Meeting Page 8 of 21 77 0 � • Chairperson Kellev Thank you. Is there anyone else from the public that would like to speak? If not I'll close the Public Comment part of the hearing. Uh, just a couple of questions for staff possibly before we get going. Uh, one was the notices sent out to all the adjoining property owners. Community Development Director Warren Frace Yes, we did send out notices to all the adjoining property owners. We'll have to check and see um, why Mrs. Bishop wasn't notified, but all the other sites as well as Pine Mountain were noticed per the um Zoning Ordinance requirements. Chairperson Kellev Fine, thank you. Okay, I think we'll go and address the Coromar property at this time and I'll bring it back to the Commission and Mrs. Beraud, uh, we'll start at that end of the table if we have any questions of staff or the applicant. Commissioner Beraud Um, are we going to have the staff answer some of the questions from the public like we've done historically? Chairperson Kellev Yes, we'll get to those. Commissioner Beraud So you wanna do that later? Chairperson Kelley We'll get to those as we go through here, or you can ask them, if you want to reiterate em that's fine. Commissioner Beraud Okay. Um, well I, 1 thought some of Eric's questions, Eric Greening's questions were pretty important, um could staff address um the status of the other parcels that are on Pine Mountain just so the public is aware of who are the other people who own the parcels up there. Director Frace I believe the other parcel in question that would be north of the Molina parcel is owned by the Atascadero Mutual Water Company. And then the parcels that are on the east side facing back toward the Salinas River are the Sanitary District parcels. Commissioner Beraud So they're mostly in public hands? Correct, they're not, they're not potential residential lots? Excerpts of 021704 PC Meeting Page 9 of 21 Director Frace They're not controlled by a public agency, they're controlled by other districts, so we don't believe those districts have any plans for residential use. Commissioner Beraud Okay, um and then um could you just go for the uh benefit of the public, how the eight credits were determined, cause 1, 1 remember during Steve's presentation he said that there was possibly two building sites on the, on the Molina property. Director Frace Yeah, let, let me explain that, my, I don't have my slide available right now. The way this works in terms of calculating the development potential on Pine Mountain is you have to go to the General Plan and zoning. The General Plan District Land Use on this site is Rural Residential. If you go to your General Plan under Rural Residential the General Plan assumes the density in that of anywhere from 2'/2 acre to 10 acre parcels. In terms of the General Plan analysis that was done, in the General Plan all the lots in the R, in the Rural Zones, the RR Zone, the SE Zone and the RE Zone, were all assumed to be 2.5 -acre lots. So that was the assumption .that was made as part of the General Plan EIR. So if you'd just calculate what the General Plan density assumption was for the lot, 28 acres at 2, 28 -acre lot with 2 1/2 acre lot sizes assumed at the General Plan level that would give you an entitlement of approximately 11 units. Now in most of our other R Rural zones, which are zoned RS, there's a calculation formula that determines lot size. There is not actually a zoning ordinance for this site. This site is zoned RR which is Rural Residential but there isn't actually a zoning code that's adopted, so there isn't a formula or minimum lot size standard that currently exists. For development to occur on this site the city would have to adopt some sort of ordinance and zoning size. So from a zoning standpoint, we don't have an answer as to what the minimum or maximum number of lots that would be allowed if you processed a map, but we know from the General Plan that you could go up to 11 units. Now the City Council addressed this issue when it came before them in terms of the Guidance Resolution. The City Council was comfortable with the number of eight units being transferred off the site. Those eight units will go to the Colima site, which will absorb three units, and the Ferrocaril site that'll absorb five units. As part of the overall project, the City Council also allowed a General Plan Amendment to be processed on the Coromar site that allows for the residential rezone and the 16 single-family units. This would be consistent with the Council's current policy on how to process mixed use projects where single family might be allowed where sites could be trans, or re -designated from commercial to single family. Commissioner Beraud I'll, I'll skip for now and come back. Excerpts of 021704 PC Meeting Page 10 of 21 79 • • • Chairperson Kelley Mrs. O'Keefe. Commissioner O'Keefe Okay. Are we covering um Coromar, excuse me, or are we covering all of it now, the question and answer... Chairperson Kelley I'd like to go over Coromar just try to keep each project individually so we could get all the conditions... Commissioner O'Keefe Okay so then this will come back and... Chairperson Kelley Uh hum. The next section referenced the Coromar Avenue site and is not included in this document. Verbatim minutes can be done if required. Chairperson Kelley We'll move on to the Colima project then, and initially if the City Engineer could address the uh question regarding the drainage that the uh lady presented earlier. Associate Civil Engineer Jeff van den Eikhof The applicant is actually proposing to create a basin at, near the, the property line that would um prevent some of the runoff from the, from the property, entering that, her property. So that should mitigate most of the runoff from that. Chairperson Kelley You said some and most, what, what does that, what does that mean? Mr. van den Eikhof The uh, the applicant is required to design a basin that will capture a 50 -year flow and release a two-year flow. Um so that is, that is exactly what it would be, we would release a pre -constructed two-year flow. Chairperson Kelley That flow is that, will that follow a natural drainage flow that exists right now? Mr. van den Eikhof Yes. Excerpts of 021704 PC Meeting Page 11 of 21 :1 Chairperson Kelley ! And that would be going on her property so that flow should not change unless we have some catastrophe or something. Is that correct? Mr. van den Eikhof That's correct. Chairperson Kellen Thank you. Uh let's start down at this end this time. Commissioner... Commissioner Peterson No questions. Chairperson Kelley Commissioner Fonzi. Commissioner Fonzi Yeah, uh, the uh lady mentioned that this was an underwater drainage issue as if it were a spring. Are you aware of a spring in the area? Mr. van den Eikhof I'm not aware of a particular spring that she is referring to, um although this area there is ah, quite a concentration of ground water. Commissioner Fonzi • Well, what I'm trying to get at is if you put in a drainage basin that's generally for the surface water, correct? Not for necessarily a spring that may be underground. Mr. van den Eikhof That is correct, um but it really depends on how the water is flowing across the site. If it's flowing across the site it would be captured in the basin itself as well, if it's coming up um beyond that, then it would not be captured by the basin. Commissioner Fonzi Mr. Kelley, I don't know whether it would be appropriate to ask the person who had the adjacent property if she could answer a question for me. Chairperson Kellen That would be fine. Could, could you step up to the podium please cause, so we get it on the tape and everyone can hear. Commissioner Fonzi When you said that this was an underground source of water, could you explain what you mean? Excerpts of 021704 PC Meeting Page 12 of 21 rA • Linda Zirk Um a year ago um after the heavy winter storms, um and first of all I should preface this by saying that we don't live full-time in this house at the moment. My husband and I are building it for our retirement. So we're down here on weekends and um on one particular weekend about a year ago we came down and um noticed that we have a big walnut tree in the back and we noticed that from the walnut tree, which is approximately 50 feet from the uh property line, we had water, not standing water, but water bubbling up from the ground, and as the winter progressed it was getting worse, which. caused us to put in perforated drain and the retaining wall. Commissioner Fonzi So the spring probably is on your property? Linda Zirk We don't know, we have, we have not had any other work done to determine I here, but since we're on the down slope from Lot #4, um is it coming from further up the hill or is it on ours? Commissioner Fonzi Thank you, I appreciate that. Chairperson Kelley During the process I guess if ah this is approved and someone applies for a building permit for that lot, there'll be uh, soils testing that has to be performed on that lot. Is that true Warren? And if there were underground springs or something they would probably be discovered. then and uh some action would have to be taken to ah control that. Director Frace Yeah, they'd have to do a soils report basically in the area where the foundation is if we found any unusual water or groundwater situations they'd have to design to accommodate those. Chairperson Kelley Fine, would the applicant like to address that issue? Mr. Gearhart Uh, yeah, I'd like to kinda clarify for um for the app, uh the, the lady before me and for Roberta there, um what we got over there is a lot of sewer, a lot of septic runnin' down there underground I'm sure. Ah so I think that sewer line might help uh cause there's a little valley right through there and I think um, you know, that whole side of town right there from at the top of the hill which runs down to Traffic Way and runs back down EI Camino has a lot of groundwater from septic systems. You know, I think it's down about approximately six or eight feet is Excerpts of 021704 PC Meeting Page 13 of 21 where it comes and I think on her site if I remember correctly when they built the new homes on the EI Camino site up on that road there's, her house when they cut the pad, um that site used to be probably at a, you know, 10 percent slope like it was existing. So when they cut the pads there they lowered it down approximately four/five foot cut eh to make their flat pads away from the property line probably, but I'm not exactly sure how far she's away, but and I think that's probably where she gets the bleeding of the groundwater coming out of there because they've cut the ground down and now it bleeds to the side of the slope. And uh, so, and uh a little of that is, is I would, what I would understand as the groundwater coming from the ground is where she sees that from. Now the surface drainage, you know, I intend on dealing with it on a basin, drainage basin and uh maybe I'll contact her uh later, at a later date we could actually maybe bypass her house and run to the street and uh which would help her, you know tremendously I think and all the other portions of it. So I, I'll discuss it with her at the later date maybe we can help her out on that basis, um when it's developed it's probably much better to do it that way than it is to have a basin, have a basin and bypass her house and run to the street where it would run out on the, into the storm drain system. But uh I think there was any other questions um on that I can answer. Chairperson Kellen Fine, ah Commissioner Jones anything? Mrs. O'Keefe? Mrs. Beraud? No other questions of any other Commissioners? Fine, we'll move down to the Ferrocaril Road, ah, if there's any of the Commissioners have any questions or comments for that project. The next sections referenced the Ferrocaril Road and Pine Mountain sites and are not included in this document. Verbatim minutes can be done if required. Director Frace Mr. Chairman, before you make a motion, I just wanna make a couple points. Um, one of the things in terms of the votes tonight, what will be viewed as a positive vote, we have to keep in mind, is the state law governing general plan amendments requires that a majority of the body make a positive recommendation for general plan amendments. So that means the General Plan Amendment item needs four votes to be viewed as a positive recommendation to Council. The other items, the maps, the PD's, the CEQA Certification, those can pass with just a majority of the body here tonight. So I just wanted you to know that depending on how the votes work out, that general plan does need at least four votes to move forward. Vice Chairperson Jones I have a question for the Chair and that is, um and maybe this is for staff, I'll start with there. You have a recommendation on transfer development rights and then you have one, two, three areas then on the master plan developments, um if I Excerpts of 021704 PC Meeting Page 14 of 21 were to make a motion would that be each one of those resolutions as we go down the page or can we do a blanket uh motion for resolution adopting all with some, I do have a, a change on one of the, um, on the Coromar area. It's not gonna change the project necessarily but uh it's gonna go towards um, uh road assessment district. Director Frace I believe you could make a single motion adopting all of them, there are 13,12 separate resolutions, it may be kind of complex and convoluted especially if you try to amend any of those to do that all in one. Um, you may try just breaking it into the four sub areas and trying to do them individually. Vice Chairperson Jones I'm, I'm just, I'm wondering how best to do this uh for certainly for record keeping purposes so that it solves the purpose which you suggested there is a problem on for state law, at the same time that we, there's, there's an area in the Coromar that l would like to make a recommendation on, so perhaps IT start out this way and I'll start on the Transfer of Development Rights. Before it I'll make a comment, um 1, 1 have some discomfort on some of this area and how it came to us at the same time I understand there's a lot of work that's been done on this, it seems to me that the City Council is directing us to.do certain things, um so, with that I'm gonna make a, um, I'll make a motion that as far as the four items one through four, Transfer of Development Rights, uh that we recommend that the City Council certify uh the Proposed Negative, uh, Mitigated Negative Declaration and the General Plan Amendments uh, and the first reading by title only of the draft ordinance and approve the development agreements uh, 2004-0001 based on findings, and I'll make that as the initial motion. Chairperson Kelley Fine. I'll second that. Could we have a roll call please? Recording Secretary Grace Pucci Commissioner O'Keefe? Commissioner O'Keefe No. Ms.Pucci Commissioner Beraud? Commissioner Beraud No. Ms. Pucci Commissioner Peterson? Excerpts of 021704 PC Meeting Page 15 of 21 Commissioner Peterson Yes. Ms. Pucci Commissioner Fonzi? Commissioner Fonzi Yes. Ms. Pucci Vice Chairperson Jones? Vice Chairperson Jones Yes. Ms. Pucci And Chairperson Kelley? Chairperson Kelley Yes. Ms. Pucci Four, two, motion passes. Vice Chairperson Jones Next I'll make a uh, we'll deal with Coromar, um the items five through eight's ah, resolutions, I move that the Planning Commission recommend to the City um, adopt those resolutions, uh as to the condition relative to the road maintenance, that I would recommend that uh the staff work with the applicant to have a road maintenance district for that uh that driveway and that roadway there. Chairperson Kelley I'll second. Roll call please. Ms. Pucci Commissioner Fonzi? Director Frace Excuse me, before we vote real quick, um the errata items that staff had mentioned earlier would need to be incorporated as applicable for this motion. Vice Chairperson Jones That is correct, they are. Ms. Pucci Commissioner Fonzi? Excerpts of 021704 PC Meeting Page 16 of 21 01 01 J 10 10 I* Commissioner Fonzi No. Ms. Pucci Commissioner Peterson? Commissioner Peterson Yes. Ms. Pucci Commissioner Beraud? Commissioner Beraud No. Ms. Pucci Commissioner O'Keefe? Commissioner O'Keefe No. Ms. Pucci Vice Chairperson Jones? Vice Chairperson Jones Yes. Ms. Pucci And Chairperson Fonzi, I'm sorry, Chairperson Kelley, I'm sorry. Chairperson Kelley That's okay, yes Ms. Pucci Okay so that's three, three. Vice Chairperson Jones Next as to Colima Road uh, a motion, I would make a motion that uh we adopt Resolution uh nine through, nine and ten, based upon the findings of the conditions of approval and mitigations. Commissioner Fonzi I'll second. Excerpts of 021704 PC Meeting Page 17 of 21 :• Ms. Pucci Commissioner Fonzi? Commissioner Fonzi Yes. Ms. Pucci Commissioner Beraud? Commissioner Beraud Yes. Ms. Pucci Commissioner O'Keefe? Commissioner O'Keefe No. Ms. Pucci Commissioner Peterson? Commissioner Peterson Yes. Ms. Pucci Vice Chairperson Jones? Vice Chairperson Jones Yes. Ms. Pucci And Chairperson Kelley? Chairperson Kelley Yes. Ms. Pucci Five, one, motion passes. Vice Chairperson Jones And finally as to the Ferrocaril/de Anza Estates, I'll make a motion that the Planning Commission adopt the two resolutions eleven and twelve, recommend the City Council approve Master Plan of Developments and the Vesting Tentative Tract Map, subject to the findings and conditions of approval. Excerpts of 021704 PC Meeting Page 18 of 21 01 01 Cl I * I * 10 Chairperson Kellev I'll second. Ms. Pucci Commissioner O'Keefe? Commissioner O'Keefe No. Ms. Pucci Commissioner Beraud? Commissioner Beraud Yes. Ms. Pucci Commissioner Peterson? Commissioner Peterson Yes. Ms. Pucci Commissioner Fonzi? Commissioner Fonzi Yes. Ms. Pucci Vice Chairperson Jones? Vice Chairperson Jones Yes. Ms. Pucci And Chairperson Kelley? Chairperson Kelley Yes. Ms. Pucci Five, one, motion passes. Chairperson Kellev Fine, we'll send those recommendations on to the City Council and we'll move on to uh, Item number... Excerpts of 021704 PC Meeting Page 19 of 21 City Attorney Roy Hanley Mr. Chair, I'm sorry to interrupt, ,but I want to clear one thing up so, this has been a confusing process because it's so different and I just wanted to prevent a little confusion in the future. As we take this forward to the City Council, um l will be making some changes to the language of the Development Agreement to make it comply with all of the rec, the recommendations and the way the project has been put together. Now as long as all of those changes are in tune with your actions tonight and with your discussions, it won't have to come back. If, if I do something way unusual that brings in something that you didn't consider, then it might have to be, it might have to be back to the Planning Commission. But I don't want you to be surprised if there's some textural changes in the Development Agreement itself. Chairperson Kelley Please don't be unusual. Thank you. MOTION: Vice Chairperson Jones and seconded by Commissioner Fonzi to adopt Resolution No. PC 2004-0015 recommending that the City Council introduce for first reading, by title only, draft ordinance for first reading to approve Zone Change 2003-0076 based on findings; and, adopt Resolution No. PC 2004-0016 recommending the City Council approve Vesting Tentative Tract Map 2003-0042 based on findings and subject to Conditions of Approval and Mitigation Monitoring. AYES: Commissioners Fonzi, Beraud, Peterson, Jones and Chairperson Kelley NOES: Commissioner O'Keefe ABSTAIN: None Motion passed 5:1 by a roll -call vote. MOTION: Vice Chairperson Jones and seconded by Chairperson Kelley to adopt Resolution No. PC 2004-0018 recommending that the City Council approve the Master Plan of Development Amendment (CUP 2002-0067) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, adopt Resolution No. PC 2004-0019 recommending the City Council approve Vesting Tentative Tract Map 2003-0045 based on findings and subject to Conditions of Approval and .Mitigation Monitoring. AYES: Commissioners Beraud, Peterson, Fonzi, Jones and Chairperson Kelley Excerpts of 021704 PC Meeting Page 20 of 21 0 • • I* NOES:. Commissioner O'Keefe ABSTAIN: None Motion passed 5:1 by a roll -call vote. EXCERPT MINUTES PREPARED BY: Grace Pucci, Recording Secretary Excerpts of 021704 PC Meeting Page 21 of 21 Excerpts of Atascadero City Council Meeting March 9, 2004 0 2. Pine Mountain Transfer of Develoument Riahts - GPA 2003-0009 • Fiscal impact: The project would likely have a slight negative impact on City revenues. As a general rule, single-family dwellings require services that exceed the revenue generated by the proposed uses. In addition, the retention of Pine Mountain as additional undeveloped passive open space would likely have a slight negative impact on City revenues. ■ Planning Commission Recommends: Approval (1 — 4): Transfer of Development Rights 1. Adopt Resolution A certifying Proposed Mitigated Negative Declaration 2003-0069; and, 2. Adopt Resolution B approving General Plan Amendment 2003- 0009 based on findings; and, 3. Introduce for first reading by title only, draft Ordinance.A approving Zone Change 2003-0073 based on findings; and, 4. introduce for first reading by title only draft Ordinance F, approving Development Agreement 2004-0001 based on findings; and, ■ Planning Commission Recommends: Denial (5 8): Coromar Avenue 5. Introduce for first reading by title only, draft Ordinance B approving Zone Change 2003-0072 based on findings; and, 6. Introduce for first reading by title only, draft Ordinance C approving Zone Change 2003-0074 based on findings; and, 7. Adopt Resolution D approving the Master Plan of Development (CUP 2003-0120) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 8. Adopt Resolution E approving Vesting Tentative Tract Map 2003-0041 based on findings and subject to Conditions of Approval and Mitigation Monitoring. ■ Planning Commission Recommends: Approval (9 — 10) 0 Excerpt of 030904 CC Meeting Page 1 of 30 91 Colima Road 9. Introduce for first reading by title only, draft Ordinance D (Zoning Text) and draft Ordinance E (Zoning Map Change) approving Zone Change 2003-0076 based on findings; and, 10. Adopt Resolution F approving Vesting Tentative Tract Map 2003-0042 based on findings and subject to Conditions of Approval and Mitigation Monitoring. ■ Planning Commission Recommends: Approval (11 — 12) Ferrocaril Road — De Anza Estates 11. Adopt Resolution G approving the Master Plan of Development Amendment (CUP 2002-0067) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 12. Adopt Resolution H approving Vesting Tentative Tract Map 2003-0045 based on findings and subject to Conditions of Approval and Mitigation Monitoring. (Community Development) (The Staff report was not recorded.) Council Member Clay ...forty, somewhere in the number 17 come up, is there any other property that uh the city owns there? Community Development Director Warren Frace There's, there's this parcel here that's adjacent that's another 28 acres, so there's the 24 acres here that's Stadium Park's and Molina Parcel here is the 28.6 acres, there's an existing open space parcel next to that that's 28.6 acres also. Council Member Clay Okay so that's all owned by the City then? Right? Mr. Frace Yes. Council Member Clay Oh, that's very interesting. Um just uh there's been some talk out there that somehow uh things were not done properly, that uh, they were uh done under the table or something like that and you know ah, I just wanted to stress that when I was Mayor I appointed Tom and, and George to uh, uh when I heard that this property was uh possibly available to uh, uh to look into it as a committee and I thought we uh did Excerpt of 030904 CC Meeting Page 2 of 30 92 everything properly and uh, um I'm disappointed that those types of ah accusations are out there. 0 Mayor Luna Uh, any other Council questions? Okay seeing none I'll close it to the Council and open it to the Public. Uh the developer or the developer's representative first. Mr. Molina do, would you like to speak? George Molina Yes, George Molina, the applicant. Uh, I think Warren did a great job in bringing out how all the details would work out. This is been a long tedious process uh staff has been very cooperative so has the Council Committee. Uh, I agree with staff report and uh I hope you pass it. Thank you. Mayor Luna Uh, um, George, Mr. Molina, um one of the things uh, I just want to make clear that this is a package and if any part of this, for example the Coromar or whatever fails, then the development agreement as far as you're concerned is void? That's correct? Mr. Molina Yes, that's correct, and I'll come back with another one. Mayor'Luna Okay, thank you. Mr. Gearhart. Kelly Gearhart Yeah, I'm Kelly Gearhart. Um, I think I'm just here to answer any questions and maybe clarify some things on the Ferrocaril project there to um, ah I think to satisfy some of the neighbors maybe there. Um, just ,in general I was um, I listened to the public forum there for a little bit there, um, as of today I was instructing my ah contractors there to, you know, we had to deal with this road issue and not knowing what was gonna happen tonight here with the neighbors there, um but what I've got there is I, you know, I had a situation with the bridge uh, I noticed that the one lady discussed that the bridge has been goin' on and on, and I am in agreement with that, it has been going on for approximately 3'/2 years to get approval. And at one point we thought we had it approved uh through the PUC process and I think the Council uh approved it to process it and then we are under the understanding the permit was ready to be issued but the, the PUC approved it, the railroad approved it, but the, uh, uh on a, ah my fault or city fault, staff fault, we uh, I guess assumed the railroad was already approved it at one level but the one, one level they did not approve it, so we've been waiting for that approval process for quite some time now, and that's what's been delaying the bridge at the crossing, so it's been taking longer than we thought and using the uh of the access way along Ferrocaril Way. Now under the impression of phase one of the project uh is coming to an end now, which is the three houses that are being completed, and I believe in my phase one um thing I needed to have the trail system installed uh before the houses are to be finaled there. So now the houses are all becoming final within the Excerpt of 03090.4 CC Meeting Page 3 of 30 93 • next week to two weeks, I was trying to wrap up the trail 'system and the trail system that's goin' in is what I use for the access way, uh for the vehicles to travel down. So it's just been now uh wrapped up in the last few days and uh, you know, the fence was went into place where the, to protect the vehicles from, to stop the vehicles from going down the trails so the people have been using the Ferrocaril for the access. I'm trying to work with the, uh, ah, another alternate access underneath Home Depot, uh underneath the trestle there, uh from Home Depot, which is gonna become another trail at a later date, but I have, I'm close to finishing that so we can actually use that as vehicle access, but not big truck vehicles, uh the trucks cannot fit underneath the trestle. So I'm within uh ten days of paving that street, uh of ah, the extension of Ferrocaril there, North Ferrocaril we call it, and within about ten days of that, so as of, what I'm saying I guess today I uh, tonight, tomorrow morning I'll be dealing with it the best I can. I assume the trucks will be goin' up and down there one more day until I can get it straightened out tomorrow of tryin' to work out another issue how we're gonna get it over there without, you know, disturbing the neighbors. I was in to, ah, heavy discussion with the contractor who's doin' the job about it so um, you know, I'm doin' my best I can to satisfy the neighbors, you know, I don't want 'em to think that I'm not just disregarding their feelings of what they want there. Believe me I, you know, went through a lot, they don't like the dust in the back, they don't like the traffic down Ferrocaril, I mean I'm, I'm doing everything that's possible. I wasn't allowed to use water, eh, uh to keep the dust controlled from the city, uh just recently and now I've been annexed into the Water District so I've been having to fight all kinda avenues to satisfy everybody there, but also under the rules what I can, can work with so keeping the dust down was a problem because I wasn't allowed to use city water to keep the dust down and then I wasn't allowed to drill any wells to satisfy the Water Company so I mean it was kind of a tough situation and I'm, I'm glad the neighbors worked with me I've, I've done the best I can, and I, 1 will try to do a little better job as of tonight, as of tomorrow to deal with the trucks that are, you know, been going down there for the last four or five days. Uh and uh, if there's anything else, you know, I'm here to answer. Mayor Luna Well, thank you very much for clarifying that and I, 1 want to apologize for letting some of the ad hominem arguments uh, uh take place at Public Comment, but I, I'm really happy that you stepped forward and, and clarified some of that. Any Council, Councilman Clay? Council Member Clay Yes, I have a question. Uh, first of all 1, uh I know Tom and uh George worked hard on this and I hesitate to uh, uh try to change things in any way, but uh I noticed that uh there's, ah, you know I'm always pullin' for workforce housing and uh, uh, uh deed restricted housing, and I know that in the uh 16 units on Coromar there's uh, l believe there's three units uh, uh that are gonna be deed restricted, uh, uh moderate income uh workforce housing and then on the eight units uh, uh you're gonna pay in -lieu fees uh personally I prefer to see the units on the ground rather than in -lieu fees so uh if, if ah 0 you combine the uh, uh the uh, (unintelligible) to 16, you'd come up with five units that Excerpt of 030904 CC Meeting Page 4 of 30 would be um, ah, you know other words workforce housing be built and be deed restricted, would that bother you any, uh Kelly? 9 Mr. Gearhart Um, I don't know maybe I'm wrong, Warren, what are we doin' on the Coromar for the affordable housing? Mr. Frace Well consistent with the City Council's interim policy on affordable inclusionary housing, this project's been conditioned that way that on the Coromar site, which is the Planned Development 16, which is the smaller lot, the more affordable project, um, there's three units there that will be the deed restricted affordable units. On the other projects, which are under the ten unit cap that requires the project to be built and those are larger lots that are less likely to be affordable, those projects were conditioned just to pay the in - lieu fee, So that is consistent with the Council's policy and, based on the unit type and the lot sized, seems like it probably makes sense. Council Member Clay Okay, yeah, I understand where you're comin' from... City Manager Wade McKinney Ah, if I could help, jump in there, I think that the Council Member is asking if we could move the in -lieu fees to build more units on the Coromar. If instead of paying in -lieu fees on the, on the projects on De Anza and Colima, if you would increase the Coromar IF ah, affordable units to five. Mr. Gearhart Yes. Council Member Clay Okay, thank you. Mayor Luna Ah, while we're at that, so the, the comparable dollars would go for the affordable housing? Is that what we're saying? Mr. McKinney Yes, the in -lieu fees would normally go for affordable housing. Council Member Clay My point George is we'd get it built, we'd get the two units built. Mayor Luna Well, I, 1 would agree with that but I just want to make sure that the dollars are, equate to uh, to the two affordable units, extra affordable units that we're getting. Do we, Excerpt of 030904 CC Meeting Page 5 of 30 95 what's that? (Unintelligible voice in the background) No, ah, did we get an answer from you uh Mr. Gearhart? Mr. Gearhart Yes, that's no problem. Mayor Luna No problem, okay. Any other Council questions? Council Member O'Malley. Council Member O'Malley Yeah, maybe, I, 1 do think one thing that was a requirement from our committee was to work with the neighborhoods affected and I, 1 do think um you guys did a good job with that. Could you elaborate a little bit on the sewer we're getting for septic failures basically. Do you know how many neighbors or houses are affected,in that uh I think it's Coromar area 'where we're gonna be getting, (unintelligible voice in the background) Colima, sorry, thank you, um do you know how many existing residences are affected by that or will be able to hook up to sewer because of this project? Mr. Gearhart Um, probably you could, just put it up on the screen there, I could probably do a little better but, under memory the two existing houses uh that I um will be Lakin' it in um there's also the lot there that's uh in the middle there, the largest one that seems to look like there's not line, not topo through it, will be hooking up on this side. There's another existing house to the south uh that's there that has a poor septic system uh usage uh it's a friend of mine, I know him pretty well, uh will be hooking up. Uh availability to hook in right there and then another one, another south the Jot there which has availability to hook in um south, so south would be another that there and then one more lot to the, right there, uh on that side of the road. Uh, it's all... Council Member Clay What's the total? What's the total? Mr. Gearhart So that'd be what, one, two, three, four, five, six of 'em at that point there on that side of the road. And then I believe there's approximately six, six houses on the other side of the street that have the availability to hook in uh right away. And then by allowing that sewer line to go on Colima it allows uh, if you notice we brought it all the way down to the uh south there just, just uh above the proposed sewer lines right there. We brought it all the way to there and the reason is there's also a line that brings down there, which isn't pertinent to this project, but it is pertinent for the people on Colima that in the future to be able to hook up that is south of it, that's, it can flow back north to that manhole because the sewer in uh San Anselmo, depth is, uh, is shallow and 1, and I don't, we have a dip in there which are some flooding issues that doesn't allow the sewer to flow gravity to that point. So by bringing that sewer line there and allowing that manhole to be there, the people to the south of it can flow back north and into that manhole and be serviced. And then the people to the north from the uh, from the brick driveway, there's Excerpt of 030904 CC Meeting Page 6 of 30 0 a belly right there we're at the lowest point of the, of uh Colima then anybody from the north future could hook on also. 0 Council Member O'Malley Okay, thank you. Mayor Luna Any other Council questions of the applicant? Thank you Mr. Gearhart. So if people who want to speak on this item would line up behind Mr. Greening who is next. Eric Greening Thank you, I am Eric Greening and uh I certainly appreciate Mr. Molina's uh attempt to work with the sub committee and come up with a solution to what is a very valuable community asset, which should never be built on and which could be contiguous with other city open spaces to make something special. Unfortunately the process being used this time has a 'fatal flaw in it in that the calculations are not based on anything intrinsic to this lot, they are based on this city-wide averaging process and I still do not see how either the 11 figure that was supposedly compromised from or the figure of eight units has anything to do with that lot. It's a lot so a lot split would be required; a multiple lot split would be required to get eight units. I don't see where the findings would be made that this would be a split able lot. I don't see where the eight units would go or how they would be accessed so the whole premise on which this entire trade, I won't say TDC because we don't have a TDC ordinance, but this whole horse trade is based has nothing to do with the lot itself that, that these units would be traded from. So I just don't see the logic behind the entire package. I'm sorry that I don't see it because I do believe this is an important property to save, but I think it's even more important that we not set a precedent when we don't even have a TDC ordinance for a kind of trading that affects the build out of our General Plan, affects the entire process that led to our General Plan Update that uh can change things in neighborhoods all over the city based on uh calculations that just don't pencil out. So I, I, I'm afraid I have this concern and since this seems to be uh an accept the package as a whole or don't accept the package as a whole, uh, I just don't see that you have a package right now that you can accept. Thank You. Mayor Luna Thank you Mr. Greening. Jenny Corn Um, Jenny Corn, um I'd like to see that they would just not do this until they put that bridge in that they haven't got an approval for. Because it seems to me like if they're gonna add five more units to an area that already, I mean they've got, there's supposed to be a fire road, we're supposed to be a dead end street but they don't have approval for a bridge and I guess they still don't have that approval where I was told it was supposed to be in, in April, I guess its not coming in, in April. So, I mean you intend to build all the houses plus those five extra houses using our street and then use our street to get all the way from Home Depot all the way down to that other lot where maybe Excerpt -of 030904 CC Meeting Page 7 of 30 97 there's gonna be a bicycle park or something, past home depot? Because, you know, you're approving something on an assumption that there's a bridge there, but nobody seems to be able to get approval for, and you add five more lots, we're just gonna be five more houses terrorized because they are gonna come in now and they're gonna rework all that land that they've already reworked, they're gonna rush on in tomorrow and start reworking all that land again, a lot more people going down there and, and you have 65 children that are endangered on this project plus everybody else, and, and I don't see how you can approve that on an assumption that well maybe we're gonna a bridge and if we don't, well, we'll just knock down the fire road and we'll just drive through their neighborhood forever. Mayor Luna Thank you. Joan O'Keefe Joan O'Keefe, ah, Mayor Luna, Council Persons, I agree with everything that uh Eric said and the whole process is contingent on uh the fact that somehow or another you coming up with more lots. Some of you may have read the letter that I sent the editor in the Atascadero News so you know that I'm strongly opposed to this project. But like Eric I would like to see the City own this piece of property, but definitely not under the conditions that are being asked. There are so many things wrong that it's really hard for me to believe that you're actually voting on this. Somehow you bought Mr. Molina's argument with the City Attorney's blessing that there's more than one entitlement on this property. I have to assume that he threatened to sue the City. You created an ad hoc transfer of development program to set the process in the, in motion. The public has had no input into this whole thing. For as long as I can remember there's been one lot zoned Rural Residential there. The General Plan refers to Rural Residential as an area intended for detached single homes on lots 2'/2 to 10 acres. One lot is what I see there. Subdivision or lot splits are not an automatic process, it's a privilege, and there have to, certain findings have to be made. They are subject to CEQA review, in this case probably a negative dec. Certain findings have to be made as I said and I don't think those findings can be made to allow more than one lot because it would require extensive grading to reach the top where there's a relatively flat bench up there. And this is a high profile area and the General Plan addresses that also. When I first talked to the city planners about how it was determined there were eight entitlements, I was told they were handed a deal that included eight entitlements and the locations and they were to make the presentation. Later the planners expanded on how the entitlements were determined as explained to you and that was a simple process of division. But that's not how lots are determined. And then watching what they did up there with all the arrows, it looks like a shell game. Further the city doesn't even try to explain or justify the rezoning of our shrinking commercial to residential, which adds another 16 units, so you mushroom these eight entitlements into 24. Now the Johnson property could be rezoned to residential, it's currently zoned commercial, without going through all of this. Mr. Gearhart has made million of dollars doing business in Atascadero, Mr. Molina was the Chamber Citizen of the Year last year, and this is how they treat the City. That lot was on the market for about 15 years and no one bought it, probably Excerpt of 030904 CC Meeting Page 8 of 30 because it has so many building constraints and was overpriced. It was last listed for $389,000. If you approve this Mr. Molina and Mr. Gearhart will be laughing all the way to the bank because they leveraged an un -salable lot into a mil, multi-million dollar deal. Mayor Luna Thank you Ms. O'Keefe. Annette Johnson I'm Annette Johnson; I live on that corner there that they're talking about. Um I don't understand why getting a zone change for my corner should be tied in with something that Mr. Gearhart wants to build. Our house right now is for sale, it's in escrow, the loan company won't release any money to the buyers until the zone change is complete. We're sitting; not, we're not able to do anything. Why is that tied in with Gearhart's zone change? Mayor Luna Maybe staff wants to cover that. I understood you from the Planning Commission that, that you wanted it changed to residential. Ms. Johnson Yes, I do want it changed to residential. They uh, the lo, the loan company won't loan money on a residence that's on commercial property. Mayor Luna Warren, you wanna answer that? Mr. Frace Yes, um, typically, you know, the City doesn't entertain a lot of general plan amendments to change commercial parcels um to residential, there's a lot of non- conforming residential buildings in uh commercial zones. Um when this project came through and Mr. Gearhart was proposing with Mr. Molina the change of this site um from commercial to um residential, we were contacted by Ms. Johnson's real estate agent about her concerns, her escrow problems, so we did offer the ability to basically piggyback on this process so that she could go through the environmental process that we were already doing. It'd simplify her process. Had she just applied individually, it likely wouldn't have moved as smoothly or as quickly as it has as part of this project. So I believe they actually benefited as being part of this application. Mayor Luna Ms. Johnson are... Ms. Johnson Yeah, on the uh paper here it says that um, uh, Planning Commission recommends denial on five to eight, numbers five to eight. Is that including us? C7 Excerpt of 030904 CC Meeting Page 9 of 30 Mayor Luna Yes. That was the Planning Commission recommendation. Ms. Johnson But that doesn't necessarily mean that you will vote that way. Mayor Luna That's exactly correct. Ms. Johnson Okay, thank you Mayor Luna Thank you Ms. Johnson. Anyone else? Nick Burton Hi, my name's Nick Burton: I just want to address the FerrocariI .development, er part of the development. Um right now there's just one, one way to access um where those houses are gonna be built, and that's at the end of a cul-de-sac. And, you know, people bought houses in that area on the cul-de-sac to be on a cul-de-sac. Um, there's plans to have a bridge put in, why not finish the bridge first and it's gonna be there, it's gonna be paid for, finish the bridge and then build the houses. Access the lot where it's not gonna bother anyone. I mean its gonna be there anyway, why, because I'll tell you what, if that bridge doesn't get finished the whole um development is gonna be built by trucks rolling down Ferrocaril and your constituents are gonna be just annoyed for, you know, what two years? I mean we, we all know that's gonna happen so um you know, if you could just stipulate somehow that that bridge needs to be finished first before um, before any other development could, could happen. I mean that, that would make a lot of people happy, you know, the builders would get their houses, um, it just makes sense. Otherwise we all know what's gonna happen, there's just gonna be a lot of upset people. Mayor Luna Thank you Mr. Burton. Uh, maybe we can get some idea about the bridge, the PUC, the access, the phasing, the timing of this. Mr. Frace I'll refer that to City Engineer, he's been working on that. City Engineer Steve Kahn We have been working with the applicant on the bridge submittals and the uh California uh Public Utilities Commission has approved the bridge and we have two submittals to the Union Pacific Railroad Currently the applicant's working with the Union Pacific Railroad on specifics of the easement um that is required for him to gain, he's gaining a space easement over the railroad and, and, finalizing the last few details. He has given the City $25,000 in order to process the permit because the railroad will not accept an Excerpt of 030904 CC Meeting Page 10 of 30 100 application from an individual, it must be from an agency and that's why you as a City Council authorized me to submit an application to the railroad and I've been doing so and processing it with uh with the applicant. Once we have um approval from the railroad he still has to finalize his construction documents with the City, details on the foundation design and the bridge design with the City and then he's able to build his bridge. Mayor Luna So that doesn't answer some of these people on Ferrocaril who are upset because they have the feeling that overnight, and it certainly won't be overnight because this one's gonna take a second reading, but that, that uh for a while now the houses will be constructed using the Ferrocaril access as long as the, the bridge is not in. So could you give us an idea of how long that is? Mr. Kahn Uh, to answer the first part of your question, as I understand it he's constructing three houses that are supposed to have access through Ferrocaril and there'll be no houses that will be uh occupied that would access the bridge and use the other access way until the bridge is in place. Mayor Luna So there would be no construction that'll take place uh until the bridge is in? Mr. Frace No, those houses, those houses can be built without the bridge, they can't be occupied. That was the Council's condition on the original map when it came through. So there are bonds in place guaranteeing that the bridge be constructed and there's a requirement that none of the houses can be occupied until that's in place, but that doesn't prevent the applicant from moving forward on construction of the subdivision or the houses while he's continuing to work on installation of the bridge. Mayor Luna So he just can't final the houses until the bridge is in. Mr. Frace Correct. Mayor Luna Council Member Clay. Council Member Clay A question of staff. Uh, when uh he was using access behind the Ferrocaril, why is that no longer available? Excerpt of 030904 CC Meeting Page 11 of 30 101 • rl Mr. Frace That's the location of the horse trail. The horse trail is a condition that that has to be installed to final Phase 1. Phase 1 is what the applicant's trying to final right now, so he's installed the pipe rail fences along the trail, which cuts off the access for the trucks through the site. Council Member Clay Okay, and then my second question, uh, uh, as far as the bridge goes on EI Camino Real, uh is that like a slam dunk, is that a sure, an absolute sure thing or... Mr. Kahn The railroad is finalizing the final details and they have insinuated that they would be granting a permit and so the only other permit he needs through the City is a foundation and then the structure itself and those could be done, so nothing's a slam dunk, but certainly he's moving forward. Council Member Clay So are we lookin' at six months? Or nine months, or... Mr. Khan wouldn't want to, to estimate the timeframe. Council Member Clay Right, okay. Mayor Luna Okay, next speaker.. Unidentified speaker May uh add something? You just, Jerry you just asked why did that alternative route, it was a dirt road that went along the railroad tracks that Kelly was using to take the trucks back there, it did not get blocked off by a horse trail, he built two houses right in the way. You know, I like Kelly, I appreciate the work he's done, but that dirt road went right behind my house and that was really annoying. It caused a lot of dirt, it caused a lot of commotion, but I figured at least that was better than the street. I did not understand why he cut his access off to that back. He could have used that back road but he built two houses there that cut off that route, so now he should be stopped, no more houses should be built until that bridge is built, because now all those kids, the number is 65 or so, are all in danger because we're gonna have construction for six to 12 months till that bridge goes in and you're gonna allow all those houses to be built and all those neighbors are gonna get together and bring law suits against, there's gonna be all kinds of problems. Mayor Luna Could we have your name for the record please? Excerpt of 030904 CC Meeting Page 12 of 30 102 Unidentified speaker My name's Joy Rogalla. Mayor Luna Okay, thank you. Joy Rogalla So could you tell, I mean I understood that that gate, like I said before was gonna be locked for emergencies only. That is a cul-de-sac, -they're gonna allow all that construction to be done? I mean he can complete all those houses and all those trucks are gonna be going up and down the street and if he wouldn't of built those two houses where he built them on that alternative route, he'd still be able to use that dirt road, but he built the two houses, it's not the horse trail that's cuttin' off that road, it's the houses. Mayor Luna Okay, thank you. Is there anyone who wants to speak for the first time? Okay, uh who wants to speak for the second time? Council Member Clay Maybe we could hear from Kelly on that. Mr. Gearhart Well, sounds like Warren gave a little detail on this Ferrocaril so we might as well get right into it I guess. Um, on the Ferrocaril the deal there is this; uh, the trail goes in, the trail starts at Chico Road, it's uh the whole access way was used by Kaiser, uh the concrete company, for years, it's a paved road, uh somewhat dirt, some broken down pavement, whatever, but that whole section is the trail. Once it gets to lot 12 I believe on the um tract map there it narrows down to 20 feet and then it goes for 20 feet and hooks into Ferrocaril at the cul-de-sac, crosses the Ferrocaril, runs into the river. So under the conditions of Phase I, it said to build the trail, that's what I did. So, uh, you know, I met with the trail people numerous times, I've talked to them in here numerous times and tried to comply the best I could on that. Now when I, 1 just discussed it with a neighbor there, what I'm gonna do and ah, you know I'm not lookin' for a neighborhood, uh deal, I'm not lookin' to offend anybody, I'm just doin' what I do and that's what I have been doin' for the last 20 years. So, so what I'm gonna try to do is this; today is Tuesday, by Thursday I will have that straightened out, what we're gonna do there to stop the people from goin' down Ferrocaril. So uh,1 can let the neighbors know this, as of, by Thursday to Friday I will have that road shut off, um the gate in place and nobody will go through that gate until we get this bridge straightened out, unless I have an alternative access way. So I will take em down Ferrocaril, I will possibly take em down the trail of the property, veer out onto the railroad property and come back in another alternate way, which I believe I can do. So what I'm tellin' you hear tonight is by Friday I'll have that gate shut off, where there's no trucks that'll be rollin' or construction vehicles other than the three homes that are being built at the end of the cul-de-sac. And also I want to clarify one other thing, the Water Company can also go down that property and, and that's how they access their property to do their construction. So I'm Excerpt of 030904 CC Meeting Page 13 of 30 103 • • • • not the only culprit that goes up and down that road. So, I want everybody to know that I will be lockin' that gate as of Friday, uh where the emergency gate's supposed to go. And uh, I'll be installing it, so I need to probably get together with the Fire Chief I got a few alternatives I've got to work out. So, and I, I'll, I will deal with that. Mayor Luna Well, thank you. Council Member O'Malley has a question. Council Member O'Malley Yes, so I, 1 take it then the five additional units uh related to Ferrocaril will be tied to, they won't be worked on until the bridge is in. Mr. Gearhart Well, the, the five additional units for that site for that phase of that prop, project is, was 10 lots; it'll be 15 now with these five additional. What we've done there is um, the sites are installed, the water line that just got approved, the water line has been installed there. That's the work is been going on there uh on that site and they're basing and basing the road to pave it. So as of, as of uh the trucks of last week was what I believe the neighbors were worrying about, it's the base trucks were coming down there extensively to, to base the road. So, and I was, uh dealing with the paving. By Monday or Tuesday I believe of next week I'm pavin' that road out. where that would be, then if there was construction going on it would be uh, you know, the houses being built ah and the process of the bridge being built at the same time. So, but we would not be using Ferrocaril at that point, so... Council Member O'Malley Okay, that, cause that was my understanding as I recollect is there was an alternate route that uh construction equipment and trucks would use and Ferrocaril wouldn't be used and I guess there was something happened, but you're gonna fix that and I guess we've been accused of handshaking before, I'm wondering if there is a way that we can tie this in, if, if this item is approved if I, I'll check with staff. Unidentified speaker What's that? Council Member O'Malley Yeah, well... Council Member Pacas He can add that mitigation to this project. Council Member O'Malley So you're ah suggesting you... Excerpt of 030904 CC Meeting Page 14 of 30 104 Mr. Gearhart Well, let's put it this way, we've got to come back for a second reading, two weeks, so if it's not done, we'll know. Mayor Luna Yeah, there you go. Council Member Clay I have a question.... Council Member Pacas If you could even add mitigation that there'd be fines for him if he violates it, so there would be some incentive to keep his word. Council Member O'Malley So I'm hearing that Councilwoman... Mr. Gearhart According to Joan I've got millions of dollars, so I might be able, I might want to skip that fining issue. Council Member O'Malley Yeah, well, I'm hearing Councilwoman Pacas may be in support of this motion if we add a condition that, what you've offered, that we will um make sure that construction traffic doesn't go down Ferrocaril after Friday. Mr. Gearhart Well, what I'm lettin' you know is I'm gonna have a secured gate on there to satisfy the Fire Chief and myself and the neighbors that they will, other than the three homes that are at the of the cul-de-sac and the Water Company. Council Member Clay And I have a question. Council Member O'Malley Thank you. Mayor Luna Council Member Clay. Council Member Clay I wanted to get this straight. So you're saying that on Friday this week Kelly that uh you'll um have the gate locked so to speak. The three houses that are, are they under construction now, are they past the gate? Excerpt of 030904 CC Meeting Page 15 of 30 105 • Mr. Gearhart No. They're before the gate. Council Member Clay They're before the gate. And then what you're sayin' is that you may uh find uh, an alternate route to behind uh along the railroad tracks to get back to that property at a later date. Mr. Gearhart Yes. Yes. Council Member Clay And you'd use that route and you wouldn't use Ferrocaril. Mr. Gearhart Right. Council Member Clay And you're gonna do that by Friday. Mr. Gearhart Right. Council Member Clay I'm okay with that. Mayor Luna Thank you Mr. Gearhart. Ms. Corn. Any else who wants to speak to this for the second time please line up behind the speaker. Ms. Corn When we originally, when they put this um this whole project together and you guys voted on it, it, I mean you were here too, they said that they wouldn't do, they would not permit any of the houses to be built except in Phase II, except via the bridge. Now all of a sudden we're hearing that, that it's just possible that these houses are permitted they just can't be lived in until the bridge is in. I mean uh, uh, did somebody write something somewhere that they changed this that they didn't tell the people. I mean it seems to me you guys do a lot of changing that's not, and writing things in that you don't tell anybody. But, I was here at the original meeting and the agreement was that those houses wouldn't, in Phase II would not be permitted until the bridge was in because there would be no construction of those houses going down our street, granted he's gon, said he's gonna close the thing on Friday, but, but, you know, come a couple weeks and they don't get permits for the bridge yet and suddenly there's lumber going down the street, and there's, you know, uh, I don't understand how this can, you guys were sitting here, you agreed to that, is that you wouldn't permit even beginning of construction on these houses in Phase II unless the bridge was there. That's what you Excerpt of 030904 CC Meeting Page 16 of 30 106 agreed to, to the residents who wrote all the petitions and, and, did you, were you not here at the meeting, didn't you hear that when you voted on that. Didn't you remember is that you did that? Did anybody want to address that? Mayor Luna Yeah, we're gonna get a, we're gonna get an answer to that question. Council Member Pacas Usually we take public comment and then we'll make our comments. Ms. Corn Oh okay, because um I mean it's nice that this'll all happen but, but maybe it won't and we're stuck being, I, I, 1 mean I have people that (unintelligible) go down my street and they stop in front of my house and they make obscene gestures to my family outside, and I have people stop and they run their engines, and, and you know right in front of our house. I mean it's like we're being terrorized in our own neighborhood. And, and, if, if this was you would you be real happy with that? Would you be happy seeing your kids you know being chased by a, a utility truck that's on a horse, you know a little kid on a horse... Manor Luna Warren, you wanna address that uh that original question. Council Member Clay What was the agreement, that's what I want to know. Mayor Luna The original condition about the... Ms. Corn It wasn't that people were gonna live.. Mayor Luna Go, go ahead Warren. Mr. Frace When the project came before the City Council the staff recommendation to the Planning Commission was that no construction be allowed, the Phase 11 area until the bridge was in. The Council changed that condition during deliberations. Council Member Clay What'd we change it to? Mr. Frace That you would allow recordation of the map with bonding and therefore permit construction. 0 Excerpt of 030904 CC Meeting Page 17 of 30 107 • Mavor Luna Okay, Council's mistake. Ms. Corn Now, I don't know what means, I don't know what that means because, because we were there and I don't remember anybody voting on, I don't hear that change. When, when we left we were told that, that, you they weren't gonna permit these houses in Phase II until the bridge was in. That's when we left that's what it said so, so when did they change this and didn't tell anybody? Mavor Luna At that Council meeting obviously. Ms. Corn Well.... Council Member Clay It was voted ma'am. It was voted on. Ms. Corn That's right .and when we were here and its funny that you guys hear something different than, you know that, that, that hand thing that you guys were talking about, I'm afraid you've got a really bad reputation and I'm afraid you... Council Member Clay That's a bunch of baloney. Ms. Corn ...live up to it. Mayor Luna Thank you Ms: Corn. Joy Rogalla Just one more quick thing, Joy Rogalla again, I understand, we all understood the gate was gonna be locked, it was gonna be for emergency only. I know Roland Snow was here, he said that, he was the Fire Chief at the time, anyway, my bottom line is there's been a lot of damage done to Ferrocaril the road, um even if Kelly, I really appreciate Kelly if he really does stop that on Friday, so who's gonna fix the damage now. If he stops the trucks on Friday, which I hope, if, if he doesn't in two weeks the neighborhood will be back here if that's when they're gonna address it again. And um tell me who's gonna fix the road. Excerpt of 030904 CC Meeting Page 18 of 30 Council Member Pacas Well, that's a privately owned road, so those of you who own it are responsible for it; it's not city -maintained road. Um if you ah manage to get your association together for that neighborhood, you actually might have some control to stop stuff like this that's going on, but my understanding is that you don't have an association together yet for Ferrocaril development, for the French Brothers development there. Joy Rogalla So all these trucks... Council Member Pacas You probably, with the association, you could have stopped it. I think it was actually one of the items in your association bylaws that were supposed to be adopted, was that there would nothing done by any of the owners that would increase traffic to the neighborhood and there are actually, you have had a few violators and Mr. Gearhart would have been a huge violator of that, if you guys had your association in place, you would have had a pretty powerful um tool against this. Joy Rogalla Okay, so we have no repercussions now? Council Member Pacas You might still be able to do that, I don't know. Joy Rogalla Or is there anything the City Council could do? Mayor Luna Well, we, I, 1 wanna get uh the City Engineer in on this, uh Steve, you want to comment, comment on Ferrocaril... Council Member O'Malley Well before we get off track, we've got a project before us... Mayor Luna I'd like to get an answer to that, that question from the Engineer. Council Member Clay What's the question? Mr. Kahn Ferrocaril is a non city -maintained road. And I would be happy to visit with, the site with the uh Mr. Gearhart and look for damage. I have been out there recently and I haven't seen any damage, but I would be happy to inspect the road and look for damage. Excerpt of 030904 CC Meeting Page 19 of 30 109 • Joy Rogalla Look at the end of the cul-de-sac where he's been building the three houses right now, it's really heavily damaged. And the whole street, the trucks have been goin' up and down. Mayor Luna And who would be responsible for the cost on that? Mr. Kahn Currently the City of Atascadero has not accepted that road for, for maintenance, so the residents -that live on, well actually Mr. Gearhart would be responsible because they're the one that's doing construction, if the, if the damage is caused by Mr. Gearhart's contractors, they would be responsible for the repair. Mayor Luna Okay, thank you. Joy Rogalla Could we ask for help from the City Council to help us with that? Mayor Luna Well, it's already been offered, the City Engineer's willing to go out and Took at IsFerrocaril. Council Member Clay. Council Member Clay Ah George, could, you know, it seems to me that the problem is, is that the recommendation from the Planning Commission was one thing and that the Council determined another and that's were the misunderstanding is with the... 0 Mayor Luna Yes, and, and frankly, without going back and looking at my notes, I'd, I, 1 can't remember what uh what actually happened there, uh, because we don't have that project in front of us. Any other people want to speak on this item? Seeing none, I'll close it to the public, bring it back to the Council. Now, one of the things uh that we've been told is uh we need to vote on this as a package. If we approach this as the Planning did then there's a possibility that some things might get approved, for example approving the General Plan Amendment and then voting down Coromar, we've already given certain entitlements, uh so, we need to take this as an entire package and so what I'd dike to do before we do that is to have questions answered and then in addition to that have any comments uh on what uh; uh, people support or don't support in the package. Um, I do have one question I'd like to clarify and that is the number of units. Is it 24, is it 16, is it eight? What is exactly the number of units being um, that was that overhead you... Excerpt of 030904 CC Meeting Page 20 of 30 110 Mr. Frace The project that the Committee recommended to the Council that the Council adopted is um with the Guidance Resolution was to take eight units off Pine Mountain, transfer those to the um Colima and Ferrocaril sites, and then this being the, Coromar, sorry not Colima site, would be re -designated to PD, which would allow 16 units which would be consistent with the mixed use General Plan policies for non prime commercial sites. In exchange for this action the City ends up acquiring Pine Mountain, which normally isn't part of a TDC type process. Mayor Luna Council Member Clay. Council Member Clay The question is the 16 something that would be allowed under the mixed use. Anyway is that what you're saying Warren? Mr. Frace That's what the committee looked at; if this site is like the site that would have qualified possibly for a mixed-use project of 16 units. So that was part of the committee's consideration in recommending this to the Council Council Member Clay Yeah, I'd like to address like the Pine Mountain property, uh, when I was a kid it was my playground and uh I can always remember sittin' up there thinkin' man I would like to have a house up there some day, you know, that was my goal, unfortunately I never reached that. Uh I think we're comparin' apples and oranges here. We're talkin' about the possibility of eight, uh what I would call trophy homes or trophy lots on Pine Mountain probably homes in the neighborhood of seven, eight hundred thousand, lots in the neighborhood of 400,000 uh and we're comparin' them to, to uh lots down in the flats that possibly uh, uh you're talkin' about maybe a $200,000 uh lot and up and about three, four hundred thousand dollar home. So in a way we're comparin' apples and oranges. Uh I think the benefits as I see it and, and I'm always pushin' for this is uh, is uh is our workforce type housing and the fact that we would get five deed restricted units on the Coromar property I think is, is uh is a good point and uh we get additional workforce housing because those units would, uh would work, the additional units would work, do we have the workforce uh, uh 50 percent that we've had on, on the other... Mr. Frace Yes, that condition's incorporated in. Council Member Clay Okay, so uh, uh, those are the important points from, from my standpoint of view and I've got faith in George and Tom. Mayor Luna Council Member Pacas. Excerpt of 030904 CC Meeting Page 21 of 30 111 Council Member Pacas I don't usually have my mind made up on something before I come to a meeting, but um, we looked at this before, I'm the only one here I think who opposed it, and I, 1 still oppose it, um I did write down a few of my comments. There's, there's a little that actually changed during the meeting tonight that I was um convinced otherwise and so I've crossed those out, but I still have a lot of things that I put down in, on paper because I think this is so critically flawed and such a bad idea. I haven't been feeling well so I, I wanted to put it down in writing so that I'd be sure to try to get my point across here well enough. Um, I'm one of the Council Members who expressed an interest in uh acquiring open space for the City of Atascadero. Um to me it, it's kind of um, it's extremely sad to see a lot of staff time and effort uh put into something that is so far from what l was looking for, so far from what I would support and especially being someone who was asking for acquisition of open space to see it presented in such a way that it really um doesn't look like a good idea at all. While um the environmental review for the transfer of eight development credits from Pine Mountain to other areas in the city might look good, no original environmental review has taken place for the creation of the additional seven development credits that are being associated with the Pine Mountain property for this deal. The Pine Mountain parcel is currently one buildable lot, no environmental review process has transpired nor has any rezoning or lot splits taken place toward the creation of eight buildable lots. We are not dealing with eight outrageous Colony lots, uh a map from 1966 and the, the lot is exactly the same thing, there are no extra entitlements here that we could look back on and say he can build eight homes there or eleven homes or whatever the number be. We don't have to say that he's entitled to eight lots, no matter how absurd. There is no reason why those building rights must be associated with the parcel. In fact, this is precisely an area that the consultants omitted from the General Plan setting because it is not conducive to development and during the study process this area, including that lot, was left off. It's not conducive to development under our General Plan guidelines. The entire Negative Declaration for this proposal was based on eight development rights, seven of which don't exist. A lot of times I have, there are fellow members on the City Council here who refer to almost anything that increases density as smart, smart growth. The word is abused so much and another word always comes to my mind and in my family it's considered a bad word, so I'm going to just say that this is not smart and point out the reasons why I believe this is not smart. The Pine Mountain parcel, first of all, accepting that the person that you are bargaining with is offering eight times as much as they actually are, this is not smart. The second thing that isn't smart, Coromar. We have another general plan amendment request, requesting a change from commercial to residential. Giving up commercial property that has the potential to pay retail taxes into the city for conversion to housing, which sucks money out of the city in services and turns money over to the state in property taxes, this is not smart. This commercial location is right at an exit from the freeway. It would be a prime location for a restaurant like an Olive Garden or a Red Lobster, with a shopping mall across Portola. But how can desirable companies like that come in and compete with the select few who are allowed to change the rules as they please to maximize their profits. It is impossible and risky. Furthermore, this general plan amendment will encourage additional costly Excerpt of 030904 CC Meeting Page 22 of 30 112 changes from commercial to residential. The third thing that is not smart on Ferrocaril, locating additional housing density at the outskirts of town over the railroad tracks, far from amenities requiring more travel and more traffic, and rewarding a developer who's blatant violations have provoked complaints precisely in this location that we have heard tonight. The four, the fourth thing I crossed out, I changed my mind on that one. This arrangement for the swap of property and development rights is at an inflated price. It will degrade the city as a whole and indebt the city to continue to pay for this purchase for eternity. The city gets one residential lot and the applicants, with Coromar included, get 24 lot sites to build homes that do not currently exist. I do not believe that it would be smart, I do believe that it would be smart to preserve the parcel and as I said before, I am one of the Council Members who thought that we should develop an open space acquisition program. But this is not a proposal that staff has dreamed up, it is certainly not what I had in mind, it is divisive and it is degrading and costly. It will appeal to those who are always happy to see an increase in housing density, no matter what the cost to the city. Thank you: Mayor Luna Thank you. Um Mayor Pro Tem Scalise. Mayor Pro Tem Scalise Thank you Mayor Luna and I'd like to just thank you and uh Councilman O'Malley for your... (loud tone is heard on tape): Mayor Luna You're welcome. Mayor Pro Tem Scalise Yeah, one more time, um I do know that this has been um a labor of love, because you you've tried to do something that is really a benefit to everybody in this community and save Pine Mountain. That was certainly something that came up, the reason it was left out in the General Plan is because we saw that and .uh and saw that in the future as an area that we wanted to uh save for the city. There was certainly complete consensus at that time that that was um something that was the little jewel in Atascadero that needed to be saved, and so we've come a long way from that vision and now to actuality, and so I commend you both for meeting, and with staff, I thank you. So um, it is a good project, and um nice that the Johnson's were able to piggyback, that saved them a lot of time and energy, so, I thank staff for putting that together. Mayor Luna Council Member O'Malley. Council Member O'Malley Thank you, and there were two points Councilwoman Pacas mentioned that 1, in away I agree with. Uh she mentioned that uh there is a problem converting commercial to residential; now that is an area we're looking at. I do think though just as she mentioned, uh the Pine Mountain parcel has been the way it is for a long time, uh while. Excerpt of 030904 CC Meeting Page 23 of 30 113 • uh the commercial corner's been there the same amount of time, a long time and nothing has happened, so uh I think that's one reason we're, we're lookin' at that area to maybe do somethin' different. Um, mentioned the word costly, 1 guess that's what stimulated me to work so hard on this because my dream for Atascadero is to acquire open space, preferably at no cost for the city and, and I think that's what we've accomplished here. I, I was actually proud to be uh appointed on this committee, uh, with uh, Mayor Luna by then Mayor Clay because um I, 1 took this serious as I do many projects. But I put a lot of time into researching this; I think we uh put to work all of Mayor Luna's degrees in mathematics and mine in economics. It is a very complex uh problem we tackled and it, there are a lot of things, and I did a lot of research with um uh folks around the state and a .lot of folks in San Luis. Uh surprisingly most of the folks I worked with out of our area were environmentalists who were pretty excited about what we had accomplished. Uh, and 1, and I learned from them. I do think, and l don't want to loose sight of the goal, we are acquiring 28 acres um and not only preventing development, but this will be open space. It will be added to what we already own, Stadium Park, and I think that's just a, a great accomplishment. I think, you know, our committee wanted to address um other concerns of the Council and 1, I know we uh worked hard on that. We did start out with a request from the applicant for 40 transfer credits. Um we, we researched it, had staff look at this, I believe in an unbiased approach and they decided that the maximum was, was 11, uh we worked down to where we agreed on to eight and uh when we looked at these ah projects as a nexus of several projects, it could have been considered individually, but as in this one case with this one woman, that, that stated, you know, her project just, it would, it would be a great cost for one individual to process this. Uh we were able to incorporate several projects that would have been approved individually, but there was some economy of scale of, of lookin' at 'em together, and, and in most cases I think a goal that, that I, 1 believe I support from Councilwoman Pacas is to raise our consciousness about neighborhoods. One thing we really did direct the applicant's to do is you've got to work with neighborhoods. There's a number of times um Mayor Luna and I directed folks to go back and work a little harder on some of these things. Um, I probably would of uh, I was probably so excited to add the 28 acres adjoining Pine Mountain I probably would of gone for a, a less good of a deal, but I stuck with my partner um Mayor Luna who kept holdin' out for more and I was always surprised what he could get away with. Uh we gave up ah -second units on some parcels that uh normally we would allow that, um Councilman Clay added some more affordable workforce housing tonight, I'm surprised, but that's good I think we, it is a good deal for the community. I'm especially pleased that, I haven't heard a lot of um, there's some problems with Ferrocaril that, that have got to be fixed from another project and I do think um this project will be looked at very carefully in two weeks if that problem isn't resolved, but, you know, the other neighbors aren't complaining with the, the new uh projects being considered associated with. We did a good job getting' a lot of sewer for some neighborhoods that had some problems. Uh, you know,. neighborhoods were benefited by this, so, I, 1 .look for the nexus to the whole project. Yes, I understand that it's very complex, but we, we accomplished something that a lot of cities that I've talked to around the state uh covet, and, and that we were able to put together a, a complex project like this for the benefit of I believe for the whole community. So I'm, I guess I feel very strongly, probably as passionately as Excerpt of 030904 CC Meeting Page 24 of 30 114 Councilwoman Pacas feels that, you know, we worked hard for this. I think it's good for the community and I wholeheartedly support this. 0 Mayor Luna Council Member Clay. Council Member Clay Yeah, I just, I have a, a question of staff. Uh you mentioned the fact that usually uh when uh development transfer credits are transferred that the ownership stays with the person and if it did stay with the person that transferred the credits why they could do things like shut out the public, uh they could uh, uh, they make it a private area or something on that order, is that not right Warren? Mr. Frace Well, if it remained as private property the development agreement would restrict its use so it, it would have to be open space. You couldn't develop it in any way, but as private property you could restrict access to it so it wouldn't be available for public access; that's the main benefit of this city acquiring it, is we can choose how to develop it tc maximize use and enjoyment. Council Member Clay I think it's a great uh spot for, for trails to connect the whole group. Uh in lookin' at the positives, I think uh the sewer situation on Colima is a positive thing. Uh the uh the 24 homes, you know, I, I'm gonna go back to, we had an ethics meeting today with the Chamber and young high school students and one of the concerns at our table was uh whether these kids were gonna be able to stay in our town and uh, uh whether they'd be able to ever have housing or ever afford a house and certainly uh, uh, you know the 24 homes will not be considered trophy homes, I, 1 could care less about trophy homes myself. I'm interested in workforce housing, I'm interested in homes that, that uh, you know, our people here, our workforce can, can handle, and I think that's part of it and certainly those kids this morning brought that out. So the other thing is, I would since it was Tom and George that uh, that negotiated this I'd like to see the motion and second come from those two and then we go from there. Mayor Luna Well, I, 1 think it's my turn. I had struggled with this for probably ten months, maybe more than that and the prize is really, as far as I'm concerned, is the open space on Pine Mountain. It is strategically placed. Uh you have Stadium Park, you have 17 acres of uh city -owned open space already, you have the Water Company property. There are a few homes up on Pine Mountain, but uh, but for the most part it's in public ownership. So getting this piece of property assures that the property will stay in public ownership and not be developed um and just as an aside, I, 1 have heard many people say that it's not developable, its steep, whatever, well, I know, I know better. I've seen, all you have to do is, you can drive around Atascadero, much less some of the places in Los Angeles and see that you can pretty much build anywhere uh if you can afford the engineering, and, and uh and willing to go through the, the uh construction costs. Uh as Excerpt of 030904 CC Meeting Page 25 of 30 115 • you saw when we were talking about um the legal agreement with ECOSLO, um this city has really never turned down a development. I mean it's pretty much any...(tape ended on side A) (Side B begins) ...turned down unless somebody steps down and it's a two to two uh vote. I can't remember any project being turned down on a three to two vote. That's the difficulty that I find here, because I can assure you that uh if this deal does not go through, that these projects will be back, maybe they'll be even denser than they actually are, but uh these are identified places where development is gonna take place and it only takes three votes up here to uh to approve uh such a development. Most of the time I'm not one of them, but in this particular case, I can see that uh for the community uh the 28 acres on Pine Mountain strategically placed is, I think, a community benefit that, that I don't want to loose um because um, uh, because uh this, this project did not go through. So 1, I'm going to support this and um even though this is a very clumsy, ugly and probably the kind of process that I will never deal with again, I can never support this kind of a process again because it is confusing and um and so I will support this one, but um it's probably gonna be the last. So with that, um Councilman O'Malley, a motion. Council Member O'Malley I don't know if we have it up to put up on the board, but I, 1 would move uh staff's recommendation if that's uh Warren you have uh... Mr. Frace I, just to um clarify, there was a discussion earlier in um the meeting about amending the conditions on the affordable housing to move all the affordable units to the Coromar site. If you want to make that change, we need to amend, one, two, three, four, five separate resolutions and conditions, so I could give those to you right now so you'd know which resolutions to make those changes into, or whatever the Council pleases. Council Member O'Malley I think there's consensus to accept that. Mayor Luna I certainly accept that. What about uh, uh, uh from construction from Ferrocaril? Council Member Clay Let's deal with that in two weeks. uh some kind of mitigation for the gate locked Council Member O'Malley Right I thought Councilwoman Pacas was gonna join in on that, but maybe... Council Member Pacas - I, I'm not supporting this, but this is something that you should put in your mitigation tonight, not at second reading. Excerpt of 030904 CC Meeting Page 26 of 30 116 Mayor Luna Let's do it tonight, what does it hurt? Council Member Clay We'll have another opportunity in my opinion if uh, if uh... Mayor Luna He's already said he'll do it. Council Member O'Malley I'd support it. Mayor Luna Okay, let's hear from the City Attorney on that, you understand what we're talking about as far as the... City Attorney Roy Hanley Yes, I just wanted to chime a little bit, the ordinances will be coming back for second reading um, the resolutions do not have to. So we would not have the ability to change um conditions that are not part of ordinances, so if that's something you wanted to do, you would have to do that tonight. You would not have the opportunity to do that on second reading. Mayor Luna Let's do that tonight. Council Member O'Malley Okay, I'll support staff's recommendation with the modification um what's required to implement Councilman Clay's modification and to include Councilwoman Paca's mitigation request. Council Member Clay Uh, is it mitigation or just... Mayor Luna It's an attached condition. Council Member O'Malley Okay, it's a condition. Would you like to state... Mayor Luna Wanna clarify that Councilwoman Pacas? Council Member Pacas Kelly what did you agree to as far as the construction, you said it, you wouldn't take it through the gate? Could you put that in your words? Excerpt of 030904 CC Meeting Page 27 of 30 117 Mr. Gearhart Uh, uh I'm not gonna allow any construction beyond the, I guess the gate that's there now. There's actually agate that's there now, it just needs to be locked. There. won't be any construction in the Phase II of the De Anza tract um, (unintelligible voice in background) right. Council Member Clay Is that... Council Member O'Malley Beyond March 12t ,, t�riday? Mr. Gearhart Right, so no construction will be goin' down that uh drive, uh road, to my property, let's put it that way. Council Member Clay Well let's clarify that, that's just through Ferrocaril, right? Mr., Gearhart Right. Council Member Clay If you find another route... Mr. Gearhart Right. Council Member Clay Okay, is that all right? Council Member O'Malley Right. Uh do you have all components of that motion as modified? Mr. McKinney So we understand Mr. Gearhart, it will be uh that no construction traffic for Phase II will be allowed beyond the emergency gate toward Ferrocaril. Council Member Clay Get a date on that. Mr. McKinney As of Friday, March 12t" • Excerpt of 030904 CC Meeting Page 28 of 30 118 Council Member Pacas With the gate locked. Mr. Gearhart Yeah, you can call me Kelly too, Wade, that's all right. Mr. McKinney Thank you. Council Member O'Malley We'll call you a lot of things if you don't have that gate locked by Friday. Mayor Luna We won't have to. Council Member Clay How about those five conditions Warren? Do we need that clarified? Mr. Frace Yep. Okay, the conditions to amend regarding the affordable housing would be on action number seven that's Resolution D, page 131, Condition 11 currently states three affordable units, you want that to state five units. Mayor Luna And what about the in -lieu fees? Mr. Frace I'm gonna go through all of them, they're all combined. So that's item seven. Then on item eight, page 162, Condition eight, you want to amend that also to read five units rather than three units. Then on item 10, that's the Colima site, page 190, Condition six, that condition should just be dropped altogether, that's the requirement for the in -lieu fees. Then on page 209, which is item number 11, Condition number 11, you should drop that condition altogether. And on Item 12, that's the Ferrocaril map, page 234, Condition six, you should drop that condition altogether. Then the Ferrocaril access condition that we want to add should be added to Resolution H, with the text as read back by the City Manager. Council Member O'Malley I again so move. Mayor Luna I'll second it. Council Member Clay Call for the question. Excerpt of 030904 CC Meeting Page 29 of 30 119 • • 10 Mayor Luna Let's have discussion first, any discussion? Okay, call the question. Deputy City Clerk Grace Pucci Council Member O'Malley. Council Member O'Malley Yes. Ms. Pucci Council Member Pacas. Council Member Pacas No. Ms. Pucci Council Member Clay. Council Member Clay Yes. Ms. Pucci Mayor Pro Tem Scalise. Mayor Pro Tem Scalise Aye. Ms. Pucci Mayor Luna. Mayor Luna Yes. Ms. Pucci Four, one, motion passes. Mayor Luna Okay. EXCERPT OF MINUTES PREPARED BY: 10 Grace Pucci, Deputy City Clerk Excerpt of 030904 CC Meeting Page 30 of 30 120 ATTACHMENT C • Tentative Tract Map 2003-0042 Colima Avenue Site RESOLUTION F A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING VESTING TENTATIVE TRACT MAP 2003-0042, A FIVE -LOT MAP CONSISTENT WITH A PD -21 OVERLAY ZONE OF APN 49-163-013 AND 49-163-015 (3680, 3700 Colima Avenue /Gearhart) WHEREAS, an application has been received from Kelly Gearhart (6205 Alcantara Avenue, Atascadero, CA 93422), Applicant and Property Owner to consider a project consisting of a zone change from RSF-Y (Residential Single -Family -Y) to RSF-Y / PD -21 (Residential Single -Family -Y with Planned Development Overlay #21) with the adoption of a Master Plan of Development, and a five -lot residential Tentative Parcel Map on APN 049- 163-013 AND 049-163-015 and, WHEREAS an Initial Stud and Draft Mitigated - Study g Negative Declaration 2003 0069 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's General Plan designation be amended from SE (Suburban Estate) to SFR -Y (Single -Family Residential - Y); and, WHEREAS, the Planning Commission has recommended that the site be rezoned to from RS (Residential Suburban) to.RSF-Y (Residential Single Family -Y) and to include a . PD -21 overlay for a five lot subdivision with one lot less than the one -acre minimum lot size; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative Tract Map application was held by the City Council of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said application; and, 121 • .7 0 NOW, THEREFORE, the City Council takes the following actions: Section 1. Findings of Approval for Tentative Tract Map, the City Council of the City of Atascadero finds as follows: 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. 3. The proposed subdivision, as conditioned, is consistent with the proposed Planned Development Overlay District #21 (ZCH 2003-0076). 4. The site is physically suitable for the type of development proposed. 5. The site is physically suitable for the density of development proposed. 6. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 7. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 8. Covenants, Conditions and Restrictions (CC&R's) shall be required that incorporate the planned development conditions of approval to ensure that the site retains the qualities (architecture, colors, materials, street amenities, fencing, and landscaping) over time. 9. The proposedsubdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. SECTION 2. Recommendation of Approval. The City Council of the City of Atascadero, in a regular session assembled on March 9, 2004, resolves to approve Vesting Tentative Tract Map (TTM 2003-0042) subject to the following: Exhibit A: Vesting Tentative Tract Map 2003-0042 Exhibit B: TTM 2003-0042 Grading & Drainage Plan Exhibit C: TTM 2003-0042 Utility Plan Exhibit D: Conditions of Approval / Mitigation Monitoring Program. 122 On motion by Council Member and seconded by Council Member the foregoing Resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO Bv: ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk- APPROVED lerkAPPROVED AS TO FORM: Roy A. Hanley, City Attorney 123 George Luna, Mayor 01 01 *I 10 10 I* Exhibit A: Resolution F Tentative Tract Map 2003-0042 Colima Avenue Tract Map i -i 124 Exhibit B: Resolution F Tentative Tract Map 2003-0042 Colima Avenue Grading & Drainage Plan 125 • • C7 • • Exhibit C: Resolution F Tentative Tract Map 2003-0042 Colima Avenue Utility Plan 126 Exhibit D: Resolution IF Tentative Tract Map 2003-0042 Conditions of Approval / Mitigation Monitoring Program Colima Avenue Site Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program IMonitoring Measure PS: Planning Services BL: Busiress License BS: Building Services COLIMA ROAD TTM G� Grading Pernd F0: Fre Deparin ant BP: Building Perml PD: Police Department Fl: Final Inspection CE: City Engineer Exhibit D TO: Temporary Occupancy Fa.FrdO=pancy WW: Wasteveler CA CityAtomey Mitigation Monitoring, Program Pine Mountain Transfer of Development Rights (GPA 2003- 0009/ZCH 2003-00732CH 2003-00722CH 2003-00742CH 2003-0076/CUP 2003-0120/7TM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825, 8955 Coromar Avenue, 3680 & 3700 Colima Road, Ferrocaril Road — De Anza Estates, Pine Mountain Planning Services 1. The approval of this zone change and use permit shall BP PS become final and effective following City Council approval. 2. In the event of any encroachment under the canopy of BP PS the one native oak tree, an arborist report with preservation recommendations shall be completed prior to building permit issuance. 3. The Community Development Department shall have the BP / FM PS authority to approve the following minor changes to the project the (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Tentative Map. The Planning Commission shall have the final authority to approve any other changes to the Tentative Map. 4. The Tentative Tract Map and subsequent construction BP / FM PS permits shall be consistent with Exhibits A, B and C contained herein. 5. All site development shall be consistent with the BP/FM PS maximum intensities described in the statistical project summary as shown on Exhibit A. fQA hARACI QR r4 0 FM,13PJas, Ge 7. Affordable Workforce Housing FM, BP PS, CE Prior to recordation of final map, the applicant shall enter 127 1 ] • • • r� Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL Bumoss License BS: Building Service COLIMA ROAD TTM GR GradingPemiil FD: FireDepardnent BP: Building Penn! PD: Police Depadment Fl: Final Inspection CE City Engineer Exhibit D Fo Fme�occupupa�ncyy CWancy ACilyAtbm� Mitigation Monitoring Program Pine Mountain Transfer of Development Rights (GPA 2003- 0009/ZCH 2003-00732CH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825, 8955 Coromar Avenue, 3680 & 3700 Colima Road, Ferrocaril Road — De Anza Estates, Pine Mountain 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: a. The units shall be offered for sale to residents or workers within the City of Atascadero for minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers; b. 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; c. The Atascadero resident or worker restriction shall apply to the initial sale only; d. The applicant shall identify which units will be reserved; and The City Attorney shall approve the final form of the agreement. Building Services 8. A soils investigation prepared by a licensed BP FM Geotechnical Engineer is to be provided for the project. The report is to be provided at the time of building permit submittal along with the building plans for review by the Building Division. Recommendations contained in the report are to be incorporated into the project plans. Fire Marshal 9. Provide a letter from the Atascadero Mutual Water BP BS Company stating the minimum expected water available to the site. Amount available must meet min. requirement specified in the California Fire Code. 10. Note approved address signage is to be provided. BP BS 11. Note on plans that fire lanes shall be delineated to BP BS restrict parking as required by the Fire Authority. City Engineer Standard Conditions 128 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services COLIMA ROAD TTM BL: Business License GP: Grading Pemet BS: Building Services FD: Fire Depadrnent BP: Building Pemd PD: Police Department FI: Final Irspectbn CE City Engineer Exhibit D o:F cCA:C�aaiom� Mitigation Monitoring Program Pine Mountain Transfer of Development Rights (GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-00722CH 2003-0074/ZCH 2003-0076/CUP 2003-01201TTM 2003-004111TM 2003- 0042/CUP 2002-006757M 2003-0045). 8825, 8955 Coromar Avenue, 3680 & 3700 Colima Road, Ferrocaril Road — De Anza Estates, Pine Mountain Drainage: 12. In the event that the applicant bonds for the public FM CE improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 13. An engineers estimate of probable cost shall be FM CE submitted for review and approval by the City Engineer to determine the amount of the bond. 14. The Subdivision Improvement Agreement shall record FM CE concurrently with the Final Map. 15. The applicant shall enter into a Plan Check/inspection GP, BP CE agreement with the City. 16. A six (6) foot Public Utility Easement (PUE) shall be FM CE provided contiguous to the property frontage. 17. The applicant shall acquire title interest in any off-site FM CE land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 18. Slope easements shall be obtained by the applicant as GP, BP CE needed to accommodate cut or fill slopes. 19. Drainage easements shall be obtained by the applicant GP, BP CE as needed to accommodate both public and private drainage facilities. 20. A preliminary subdivision guarantee shall be submitted FM CE for review in conjunction with the processing of the tract map. 21. The final map shall be signed by the City Engineer FM CE prior to the map being placed on the agenda for City Council acceptance. 22. Prior to recording the tract map, the applicant shall pay PM CE all outstanding plan check/inspection fees. 23. Prior to recording the map, the applicant shall bond for FM CE or complete all improvements required by these conditions of approval. 129 • • • • • • Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services COLIMA ROAD TTM GP: Grading Permit FD: Fire Department BP: Building Pemd PD: Police Department FI: Feral Inspection CE Cly Engineer Exhibit D Fo Temporary Occupancy cac Amey Mitigation Monitoring Program Pine Mountain Transfer of Development Rights (GPA 2003- 0009/ZCH 2003-00732CH 2003-0072/2CH 2003-00742CH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-00675TM 2003-0045). 8825, 8955 Coromar Avenue, 3680 & 3700 Colima Road, Ferrocaril Road — De Anza Estates, Pine Mountain 24. Prior to recording the tract map, the applicant shall FM CE bond for or set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 25. Prior to recording the tract map, the applicant shall FM CE submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 26. All existing and proposed utility, pipeline, open space, FM CE or other 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. 27. Prior to recording the tract map, the applicant shall FM CE have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 28. Prior to the issuance of building permits the applicant GP, BP CE shall submit plans 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. 29. The applicant must provide for the maintenance of on- FM CE site shared improvements. This includes roads, sidewalks, street trees, streetlights, drainage facilities, sewer, 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. 130 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program !Monitoring Measure PS: Plane g Services BL: Business License BS: Building Services COLIMA ROAD TTM GP. Grading Pemel FD: Fee Deparhmnt BF. Building Pem1t PD: Police Department Fl: Final Inspecton CE: Cily Fnginwr Exhibit D TO: Temporary Occipancy FO: Final Occupancy WW: Wastewater CA CityNtomey Mitigation Monitoring Program Pine Mountain Transfer of Development Rights (GPA 2003- 0009/ZCH 2003-00732CH 2003-00722CH 2003-00742CH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825, 8955 Coromar Avenue; 3680 & 3700 Colima Road, Ferrocaril Road — De Anza Estates, Pine Mountain 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. City Engineer Site Specific Conditions Drainage: GP, BP CE 30. Provide for the detention of the 50 year developed storm runoff, while metering out the 2 year undeveloped storm runoff. 31. Drainage basins shall be designed to desilt, detain and GP, BP CE meter storm flows as well as release them to natural runoff locations. 32. The drainage basins shall be landscaped with native GP, BP CE plantings. 33. A mechanism for funding and maintenance of the GP, BP CE storm drain facilities shall be provided. 34. Show the method of dispersal at all pipe outlets. GP, BP CE Include specifications for size & type. 35. Show method of conduct to approved off-site drainage GP, BP CE facilities. 36. Concentrated drainage from off-site areas shall be GP, BP CE conveyed across the project site in drainage easements. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. If drainage easement cannot be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. 37. Applicant shall submit erosion control plans and a GP, BP CE Storm Water Pollution Prevention Plan (SWPPP). The Regional Water Quality Control Board shall approve the SWPPP. Colima Sight Distance Condition GP, BP CE 38. Applicant shall locate private street entrance as necessary to meet minimum sight distance requirements. Final alignment shall be approved by the City Engineer. Public Improvements 131 J • • • • Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services COLIMA ROAD TTM GP: GradingPennli FD: FireDepamrent BP: Building Permit PD: Police DepaMient FI: Final Urspection CE: City Engineer Exhibit D FO:FinalO "paw ncy acVnnomey Mitigation Monitoring Program Pine Mountain Transfer of Development Rights (GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-00722CH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825, 8955 Coromar Avenue, 3680 & 3700 Colima Road, Ferrocaril Road — De Anza Estates, Pine Mountain 39. Prior to recording the final map, provisions for the FM CE repair and maintenance of the paving of the private road shall be included in the CC&R's for this tract. Included shall be a mechanism to maintain the private street, private sewer, and drainage swale and structures, such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation 40. The applicant shall enter a Subdivision Improvement FM CE Agreement with the City of Atascadero prior to recording the final map. 41. All public improvements shall be constructed in GP, BP CE conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer Wastewater 42: The Public Works Department shall approve all GP, BP WW wastewater facilities prior to construction. This includes pumps, force mains, cleanouts, manholes and connections. 43. Gravity mains and other sewer facilities within the GP, BP WW subdivision shall be privately owned and maintained. 44. Gravity mains within the subdivision shall be eight (8) GP, BP WW inches in diameter. Colima 45. Sewer main shall extend along the Colima Avenue GP, BP CE frontage and to all on-site and all off-site locations identified on Exhibit C. The City Engineer shall approve the final design of the sewer. The applicant shall submit a map showing the extents of possible service. Atascadero Mutual Water Company 46. Before recordation of the final map, the applicant shall BP BS submit plans to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the waters stem improvements. All new 132 Conditions of Approval I Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services COLIMA ROAD TTM GP. GradingPemdl FD: FireDepanment BP: Briding Permit PD: Police Department FI: Fatal MpwfiDn CE: City Engineer Exhibit D FO:F� n ter QkCia arom Mitigation Monitoring Program Pine Mountain Transfer of Development Rights (GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-01205TM 2003-0041/TTM 2003- 0042/CUP 2002-00675TM 2003-0045). 8825, 8955 Coromar Avenue, 3680 & 3700 Colima Road, Ferrocaril Road — De Anza Estates, Pine Mountain water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards (Code of Regulations Title 22, Division 4, Chapter 16).. All cross-connection devices shall conform to AWWA and California Department of Health Services standards. 47. Prior to the issuance of building permits, the applicant BP BS shall obtain a "Will Serve" letter from the Atascadero Mutual Water Company for the newly created lots. 48. Before the start of construction on the water system BP BS improvements, the applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC, the applicant may enter in to a "deferred connection" agreement. 49. All water distribution facilities shall be constructed in BP BS conformance with Atascadero Mutual Water Company standards, policies and approved procedures. All cross-connection devices shall be constructed in conformance with AWWA and Department of Health Services standards. 50. Before the issuance of building or permits, the BP BS applicant shall provide AMWC with easements for those water facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. AMWC shall review the form and content of the easements before recordation. 51. The FequiFed to Gewe the prejegt shall be BP BS 52. The Applicant shall submit a hydraulic analysis with BP BS the first plan check submittal of the water system improvements for the project. The analysis should take into account the fire flows required by the Uniform Fire Code and requirements of the California Waterworks Standards. The Analysis should identify any offsite improvements that may be required. 53. The applicant is responsible for designing and BP BS constructing water system improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project. 133 • • • • • • Conditions of Approval / riming Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning ssvices SL Business License BS: Building Services COLIMA ROAD TTM GP: Grading Perms BP: Building Perm t FD: Fire Department PD: Police Department FI: Final Inspection CE Co Engineer Exhibit D Fo:F n ncy ader cacavAM Mitigation Monitoring Program Pine Mountain Transfer of Development Rights (GPA 2003- 00092CH 2003-00732CH 2003-0072/ZCH 2003-00742CH 2003-0076/CUP 2003-0120[TTM 2003-004lfTfM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825, 8955 Coromar Avenue, 3680 & 3700 Colima Road, Ferrocaril Road — De Anza Estates, Pine Mountain 54. Lots 1, 2, 3 & 4 of proposed TTM 2003-0041 shall be BP BS served from existing water main on Portola Road. Mitigation Measure 1.d.1: All lighting shall be designed to BP BS, PS, CE 1.d.1 eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Mitigation Measure 3.b.1: The project shall be conditioned to BP; GP BS, PS, CE 3.b.1 comply with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment ■ Maintain all construction equipment in proper tune according to manufacturer's specifications. ■ Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non - taxed version suitable for use off-road). ■ Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. ■ Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques • Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. ■ Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. ■ Limit the length of the construction workday period, if necessary. ■ Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: 134 Conditions of Approval / Mitigation Monitoring Program COLIMA ROAD TTM Exhibit D Mitigation Monitoring Program Pine Mountain Transfer of Development Rights (GPA 2003- 00092CH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041/7TM 2003- 0042/CUP 2002-0067/T'M 2003-0045). 8825, 8955 Coromar Avenue, 3680 & 3700 Colima Road, Ferrocaril.Road — De Anza Estates, Pine Mountain Timing BL Business License GP: Grading Permit BP: Building PemO FI: Final IrspecWn TO: TerMorary Oa upancy FO: Final0xupancy Responsibility (Monitoring PS: Planning Services BS: Buddkq Sewicm FD: Fre Department PD: Police Depart nent CE: City Engineer WN: Wastewater CA, CoAltomey Mitigation Measure A Reduce the amount of the disturbed area where possible. B Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. C All dirt stockpile areas should be sprayed daily as needed. D Permanent dust control measures identified in the approved project re -vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E Exposed ground areas that are plann4ed to be reworked at dates greater than one month after initial grading should be sown with a fast -germinating native grass seed and watered until vegetation is established. F All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. K Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. L The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. M The name and telephone number of such persons 135 • 0 • I* 10 10 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL Business Lienee BS: Building Ser*es COLIMA ROAD TTM GP: Grading Pemel FD: Fire Depadment BP: Building Permit PD: Poke Department FI: Final Inspection CE City Engineer Exhibit D TO: Temporary Occupancy FO: Final Oxupancy WW: Wastevaster CA: CityAttomey Mitigation Monitoring Program Pine Mountain Transfer of Development Rights (GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-00722CH 2003-00742CH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/7TM 2003-0045). 8825, 8955 Coromar Avenue, 3680 & 3700 Colima Road, Ferrocaril Road - De Anza Estates, Pine Mountain shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 4.e.l: The building permit site plan shall BP PS, BS, CE identify all protection and enhancement measures recommended by the Certified Arborist in the Tree Protection Plan. Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan. 136 Conditions of Approval / Mitigation Monitoring Program COLIMA ROAD TTM Exhibit D Mitigation Monitoring Program Pine Mountain Transfer of Development Rights (GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-00722CH 2003-00742CH 2003-0076/CUP 2003-0120MM 2003-0041MM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825, 8955 Coromar Avenue, 3680 & 3700 Colima Road, Ferrocaril Road — De Anza Estates, Pine Mountain Timing BL Business License GP: Grading Penin BP: Building Perat FI: Final Inspection T0: Temporary Occupancy FO: FinalO=pancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fre Departnsnt PD: Police Deparbrent CE Cry Engineer WW: Wastemter CACk ftmey Mitigation Measure Mitigation Measure 4.e.2: The developer shall contract with a BP, GP PS, BS, CE 4.e.2 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 unless otherwise directed by project arborist with city approval. (c.) As specified by the arborist report and City staff: • Fencing: The proposed fencing is highlighted in orange on the grading plan. It must be a minimum of 4' high chain link, snow or safety fence staked at the drip line or line of encroachment for each tree or group of trees. The fence must be up before any construction or earth moving begins. The owner shall be responsible for maintaining an erect fence throughout the construction period. The arborist(s), upon notification, will inspect the fence placement once it is erected. ■ Soil Aeration Methods: Soils under the drip - lines that have been compacted by heavy equipment and/or construction activities must be .returned to their original state before all work is completed. Methods include water jetting, adding organic matter, and boring small holes with an auger (18" deep, 2-3' apart with 2-4" auger) and the application of moderate amounts of nitrogen fertilizer. The arborist(s) shall advise. ■ Chip Mulch: All areas within the drip -line of the trees that cannot be fenced shall receive a 4-6" layer of chip mulch to retain moisture, soil structure and reduce the effects of soil compaction 137 • • 8825, 8955 Coromar Avenue, 3680 & 3700 Colima Road, Ferrocaril Road — De Anza Estates, Pine Mountain ■ Grading Within the Drip -Line: Grading should not encroach within the drip -line. If grading is necessary, construction of retaining walls or tree wells or other protection necessary may be necessary to insure the survivability of the trees. Chip mulch 4-6" in depth may also be required in these areas. Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a ponding condition and excavations should not leave the tree on a rapidly draining mound. Exposed Roots: Any exposed roots shall be recovered the same day they were exposed. If they cannot, they must be covered with burlap or another suitable material and wetted down 2X per day until re -buried. ■ Paving With the Drip -Line: Pervious surfacing is preferred within the drip -line of any oak tree. Arborist(s) will advise. ■ Equipment Operation: 'Vehicles and all heavy equipment shall not be driven under the trees, as this will contribute to soil compaction. Also there is to be no parking of equipment or personal vehicles in these areas. ■ Existing Surfaces: The existing ground surface within the drip -line of all oak trees shall not be cut, filled, compacted or pared. ■ Construction Materials and Water: No liquid or solid construction waste shall be dumped on the ground within the drip -line of any oak tree. ■ Arborist Meeting: An arborist shall be present for selected activities (trees identified on spreadsheet) and pre -construction fence placement. The monitoring does not necessarily have to be continuous but observational at times during the above activities. If there is a "yes" in the monitoring column, this is 100% mandatory. ■ Pre -Construction Meeting: An on-site pre - construction meeting with the arborist(s), owner, planning staff, and the earthy moving team may be required for this project. Prior to final occupancy, a letter from the arborist(s) shall be required verifying the health/condition of all impacted trees and providing any recommendations for any additional mitigation. The letter shall verify that the arborist(s) were on site for all grading and/or trenching activity that encroached into the drip -line of the selected native trees, and that all work done in these areas was completed to the standards set forth above. 138 Conditions of Approval I Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services COLIMA ROAD TTM GP: Grading Pemrl FD: Fire Depaement BP: Building Penmil PD: Police Department FI: Final Inspection CE City Engineer TO: Temporary Occupancy WW: Wastawater Exhibit D FO: FinalOccupancy caComomey Mitigation Monitoring Program Pine Mountain Transfer of Development Rights (GPA 2003- 0009/ZCH 2003-00732CH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041 /TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). • 8825, 8955 Coromar Avenue, 3680 & 3700 Colima Road, Ferrocaril Road — De Anza Estates, Pine Mountain ■ Grading Within the Drip -Line: Grading should not encroach within the drip -line. If grading is necessary, construction of retaining walls or tree wells or other protection necessary may be necessary to insure the survivability of the trees. Chip mulch 4-6" in depth may also be required in these areas. Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a ponding condition and excavations should not leave the tree on a rapidly draining mound. Exposed Roots: Any exposed roots shall be recovered the same day they were exposed. If they cannot, they must be covered with burlap or another suitable material and wetted down 2X per day until re -buried. ■ Paving With the Drip -Line: Pervious surfacing is preferred within the drip -line of any oak tree. Arborist(s) will advise. ■ Equipment Operation: 'Vehicles and all heavy equipment shall not be driven under the trees, as this will contribute to soil compaction. Also there is to be no parking of equipment or personal vehicles in these areas. ■ Existing Surfaces: The existing ground surface within the drip -line of all oak trees shall not be cut, filled, compacted or pared. ■ Construction Materials and Water: No liquid or solid construction waste shall be dumped on the ground within the drip -line of any oak tree. ■ Arborist Meeting: An arborist shall be present for selected activities (trees identified on spreadsheet) and pre -construction fence placement. The monitoring does not necessarily have to be continuous but observational at times during the above activities. If there is a "yes" in the monitoring column, this is 100% mandatory. ■ Pre -Construction Meeting: An on-site pre - construction meeting with the arborist(s), owner, planning staff, and the earthy moving team may be required for this project. Prior to final occupancy, a letter from the arborist(s) shall be required verifying the health/condition of all impacted trees and providing any recommendations for any additional mitigation. The letter shall verify that the arborist(s) were on site for all grading and/or trenching activity that encroached into the drip -line of the selected native trees, and that all work done in these areas was completed to the standards set forth above. 138 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services COLIMA ROAD TTM BL: Business Ikense GP: Grading Permit BS: Buibing Services FD: Fire Department BP: Building Pemit PD: Poice Department FI: Final inspecibn CE: Ciy Engineer Exhibit D T0: Tempary Occupancy FO: FinalOxupency WW: Wastewater CA: CAyftmW Mitigation Monitoring Program Pine Mountain Transfer of Development Rights (GPA 2003- 0009/ZCH 2003-00732CH 2003-00722CH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM2003-0041/7TM 2003 0042/CUP 2002-0067/TTM 2003-0045). 8825; 8955 Coromar Avenue, 3680 & 3700 Colima Road, Ferrocaril Road — De Anza Estates, Pine Mountain Mitigation Measure 6.b.1: The grading permit application GP PS, BS, CE 6.b.1 plans shall include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.b.2: All cut and fill slopes shall be GP BP, BS 6.b.2 hydroseeded with an appropriate erosion control method (erosion control blanket, hydro -mulch, or straw mulch appropriately anchored) immediately after completion of earthwork between the months of October 15 through April 15. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean-up of any mud or debris that is tracked onto public streets by construction vehicles. Mitigation Measure 6.e.1: Percolation tests are required for all BP, GP PS. BS. CE 6.e.1 lots not served by sewer before building permits for residences can be issued. Mitigation Measure 8e.f.1: A Stormwater Pollution Prevention GP PS, BS, CE 8.e.f.1 Plan (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Permit application plans shall identify Best. Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Mitigation Measure 8.e.f.2: The developer is responsible for GP PS, BS, CE 8.e.f.2 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. 139 • • • Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL Business License BS: Building Services COLIMA ROAD TTM GP; GradingPemd FD: FireDepenment BP: Building Pemit PD: Pulte Depadment FI: Final Irspectbn CE: Ciy Engineer Exhibit D T0: Temporary Occupancy FO: Final Occupancy WW: Wastewater Ca Cily ftmey Mitigation Monitoring Program Pine Mountain Transfer of Development Rights (GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/T7M 2003-0045). 8825, 8955 Coromar Avenue, 3680 & 3700 Colima Road, Ferrocaril Road — De Anza Estates, Pine Mountain Mitigation Measure 11.d.1: All construction activities shall BP, GP PS, BS, CE 1141 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 & 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. 140 MOSDOVIT KZ IEDEMANN G IRARD PROFESSIONAL MEMORANDUM TO: Honorable Members of the City Council City ofAtascadero FROM: Patrick Enright, City Attorney Kronick, Moskovitz, Tiedemann & Girard DATE: March 13, 2006 RE: Reimbursement Agreement for Colima Avenue FILE NO.: 11335.1 On February 28, 2006, the City Council considered the approval of a Sewer Extension Reimbursement Agreement for Colima Avenue. The extension of the sewer line along Colima Avenue was conditioned as part of a Tentative Tract Map for five residential lots as approved in 2004 by the City Council. The condition of approval that required the sewer line extension reads as follows: Sewer main shall extend along the Colima Avenue frontage and to all on-site and all off-site locations identified on Exhibit C. The City Engineer shall approve the final design of the sewer. The applicant shall submit a map showing the extents of possible service.l The issue that was raised at the Council meeting was who was to pay for the extension. Was the cost to be borne by the applicant, or by the individual property owners as they connect to the sewer system. Several property owners adjacent to Colima Avenue believe the developer promised to pay for the sewer extension, but the developer disagrees. The developer is requesting that the City enter into a reimbursement agreement for the costs of installing the sewer pipeline along Colima Avenue. The conditions of approval make no mention of the City entering into a reimbursement agreement with the developer to cover any of the costs for off-site improvements or who will pay for the costs of the sewer line extension. The Council continued the agreement for Colima Avenue pending staff reporting back on the conditions of approvals and a review of the record before the Planning Commission and City Council in approving this project to determine if the developer agreed to pay for the costs of installing the sewer line. QUESTION: Must the City enter into a reimbursement agreement with a subdivider when the subdivider is required to construct public improvements, such as sewer, water and storm drainage that benefit property not within the proposed subdivision. This was condition 45. 823524.1 141 • • • Memo Page 2 CONCLUSION: The City must enter into a reimbursement agreement with the subdivider when the subdivider is required to construct public improvements that benefit property not within the proposed subdivision. A subdivder may agree to waive the requirement for reimbursement, however, in this instance there is no evidence in the record before the Planning Commission and/or City Council that he promised that he would pay the costs for the public improvements without any reimbursements. In fact, there is very little discussion on the issue in the record. Therefore, in this instance, the Council has no discretion but to enter into the reimbursement agreement for Colima Avenue. ANALYSIS: 1. Authority for Construction of Off -Site Improvements/Reimbursement Agreement The Subdivision Map Act (Gov. Code, 66410-66499.37; "Act" )2 establishes general statewide criteria for land development. It grants authority to cities and counties to determine the compatibility of the design of a proposed subdivision in relation to the surrounding area. Under the Act's provisions a subdivider may be required to construct public improvements such as streets and sewers and to donate land or money for public facilities such as schools and parks. The requirements of the Act and local ordinances adopted thereunder are administered and enforced through a system in which the subdivider files maps of the proposed suddivision with the governing city or county for its approval (See The Pinesy. City of Santa Monica (1981) 29 . Cal.3d 656, 659, John Taft Corp. v. Advisory Agency (1984) 161 Cal.App.3d 749, 755; Simac Design. Inc. v. Alciati (1979) 92 Cal. App. 146. 157-158: Bright v. Bd. of Supervisors (1977) 66 Cal. App. 3d 191, 194; Cal. Subdivision Map Act Practice (Cont.Ed.Bar 1987) §§ 1. 1, 1.5-1.7, pp. 1-2, 6-7; 2 Longtin, Cal. Land Use (2d ed. 1987) § 6.03, pp. 583-584.) Not only may a subdivider be required to construct improvements benefiting the proposed subdivision, he or she may be required to install improvements benefiting property not within the proposed subdivision. Section 66485 states: There may be imposed by local ordinance a requirement that improvements installed by the subdivider for the benefit of the subdivision shall contain supplemental size, capacity, number, or length for the benefit of property not within the subdivision, and that those improvements be dedicated to the public. Supplemental length may include minimum sized offsite sewer lines necessary to reach a sewer outlet in existence at that time. The question presented for analysis concerns a the requirement to have the sewer line extend to property near the subdivision. The property benefits from the extension of the sewer line. constructed by the subdivider under the terms of section 66485. Besides section 66485, two other statutes require examination and interpretation. Section 66486 provides: 2 All references hereafter to the Government Code are by section number only. 823524.1 142 Memo Page 3 In the event of the installation of improvements required by an ordinance • adopted pursuant to Section 66485, the local agency shall enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of those improvements, including an amount attributable to interest, in excess of the construction required for the subdivision. (Emphasis added) Thus, if the City requires the supplemental capacity requirements (or the extension in length in this case), it must enter into an agreement to reimburse the subdivider for the costs attributable to that portion of the improvements needed for property outside the subdivision. (81 Ops.Ca.Atty.Gen. 373, 374-375 (1998)).3 Concerning the sources of the funds for the reimbursement agreement of the subdivider, section 66487 states: In order to pay the costs as required by the reimbursement agreement, the local agency may: (a) Collect from other persons, including public agencies, using such improvements for the benefit of real property not within the subdivision, a reasonable charge for such use. (b) Contribute to the subdivider that part of the benefit of real property outside the subdivision and levy a charge upon the real property benefited to reimburse itself for such cost, together with interest thereon, if any, paid to the subdivider. (c) Establish and maintain local benefit districts for the levy and collection of such charge or costs from the property benefited." (Emphasis added.) The City's Municipal Code provides the following: 7-5:002 Reimbursement when. The City may approve a reimbursement agreement with persons who have paid for public sewer extensions. Application for reimbursement must be submitted with six (6) months of acceptance of sewer extension. Said agreements shall provide for reimbursement of the excess cost borne by said persons, at such time within fifteen (15) years as money is paid to the City for service from said sewer extension. The City shall require the applicant to file and have approved by the City Engineer a reimbursement map showing the method and amount of cost spread to each future connection to the sewer extension. 3 This is an interesting Attorney General opinion where the one of the Board of Supervisors lived on the street to be benefited from the installation of a larger storm drain system. The question was whether the Board was prohibited from entering into the agreement under Government Code 1090 (which prohibits the Board (and Councils) from entering into contracts that any of their members have a financial interest. The Attorney General opined that the Board may enter into the reimbursement agreement. 823524.1 143 Memo Page 4 The purpose of sections 66485-66487 is to construct public improvements such as water and sewer lines and storm drains serving a subdivision with increased capacity to serve land outside the subdivision and to reimburse the subdivider by charging the owners of land outside the subdivision who re benefited by such capacity for the supplemental construction costs. (71 Ops.Ca.Atty.Gen. 163, 165 (1988)4 Therefore, there is no question that the City is authorized to entered into the reimbursement and notwithstanding the City's use of the word "may," its ordinance code, the City must enter into the reimbursement agreement under section 66485- 66487. 2. Agreement/Consent of the Subdivider The law is clear that a landowner is barred from challenging a condition imposed in a land -use regulation if he has acquiesced by either specially agreeing to the condition or by failing to challenge its validity while accepting the benefits afforded. (Tahoe Keys Property Owners' Assn. v. State Water Resources Control Bd. (1994 2) 3 Cal.AppAth 1459,1484; County of Imperial v. McDougal (1977)19 Cal.#d 505 510-511; Edmonds J -Marion Co. v. County of Sacramento 0977) 76 Cal.App.3d 517 523• Pfeiffer v. City of La Mesa (1977 6� 9 Cal.App.3d 74 78). Any action to attack any decision concerning a subdivision or a subdivison regulation must be commenced and summons must be served within 90 days after the date of the decision. (Government Code section 66499.37; See Also, Maginn v. City of Glendale (1999) 72 Cal.App.4th 1102) The time to attack conditions imposed on a tentative map runs from approval of the tentative map, not from final map approval. (Soderling v. City of Santa Monica (1983) 142 Cal.App.3d 501, 505).5 The City may impose any condition to which the applicant agrees. If the applicant agreed to pay the costs of the off-site improvements without any reimbursement then that condition could have be added as a condition of approval. The difficulty in this case, is that despite the contentions of the property owners on Colima Avenue, there is no evidence that the subdivider agreed to waive the costs of the improvements. Additionally, if the subdivider did agree to the condition it was not added as a condition to the Tentative Tract Map or any other approval for the project. The short statute of limitations for land -use decision works both ways, if applies equally to the applicant (subdivider) and any aggrieved party (the neighbors). Therefore, barring a condition being placed on the Tentative Tract Map that stated that the subdivider would not be reimbursed for the off-site improvements that benefit other properties, there is no legal basis not to enter into the reimbursement agreement. In fact, as stated above, the Council has no choice but to approve a reimbursement agreement.b 4 The opinion held that reimbursement agreements applied to school districts if they owned of the benefited parcels. s There are similar statute of limitations periods to challenge all land -use decisions, including general plans, specific plans, conditional use permits and variance. The period is normally 90 days. 823524.1 144 PUBLIC EXTENSION REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF ATASCADERO AND KELLY GEARHART FOR CONSTRUCTION OF THE COLIMA AVENUE SEWER EXTENSION THIS AGREEMENT is made this day of , 2006, in San Luis Obispo County, California, by and between the City of Atascadero, California, hereinafter referred to as "City", and KELLY GEARHART, hereinafter referred to as "Applicant" with reference to the following recitals. A. Applicant has developed certain property on COLIMA AVENUE; and B. In order to develop The Property, Applicant opted to construct a public sewer extension along COLIMA AVENUE to serve the property. C. The public sewer extension will serve adjacent landowners as shown in Exhibit A, as provided in the rules and regulations of the City. D. Said public sewer extension is to be shown on a map attached hereto as Exhibit B. E. The Applicant's cost descriptions in construction of the public sewer extension are described as follows: Description Total Construction $83,065.00 Applicant Benefit* -15,102.72 $67,962.28 *049-163-082 049-164-007 F. Applicant has agreed to dedicate, or has dedicated the public sewer extension to the City. G. The City will reimburse Applicant for part of Applicant's costs in constructing the public sewer extension from adjacent landowners as herein provided. The total reimbursement to the Applicant shall not exceed $66,603.03, which represents total project expenses less Applicant Benefit and Administrative Fee. 145 *I • NOW, THEREFORE, in consideration of the mutual conveyance contained herein, applicant and City Agree as follows: 1 . Term The term of this agreement shall be for 15 years from the date it is approved by the City Council of City. 2. Rate of Reimbursement During the term of this Agreement, the City will reimburse Applicant for his costs in constructing the public sewer extension from adjacent landowners pursuant to the methodology described in Exhibit B. The City will collect said amount from each adjacent landowner before permitting said owner to connect to the public sewer extension. 3. Administrative Costs Two percent (2%) of all, monies collected pursuant to this agreement shall accrue to the City as administrative fees. 4. Conditions of Reimbursement City's obligation to reimburse Applicant is conditioned on the following: 4.1 Applicant providing City with an engineer's certification that extensions are constructed in substantial conformance with the plans and standard improvement drawings submitted to the City. 4.2 The sewer line extension has been inspected and approved by City. 4.3 Applicable easements have been offered and accepted by the City. 4.4 Applicant providing the City with a detailed accounting, satisfactory to the City of the amounts expended for the construction and installation of the public sewer extension. 4.5 Applicant has provided the City with a maintenance bond, letter of credit or other financial security satisfactory to the City in a sum equal to ten percent (10%) of the cost of constructing the public service extension, or such agreement satisfactory to the City whereby the Contractor and/or it's surety will repair or replace to the satisfaction of the City, any and all such work that may prove defective in workmanship or materials for a one year period, ordinary wear and tear excepted, together with any other work which may be damaged or displaced in so doing. • 146 5. Obligation of City If, for any reason, the reimbursement fee is or becomes legally uncollectable, the City shall not be responsible in any way for collecting the reimbursement fee and/or reimbursing the Applicant for the costs of the public sewer extension. Reimbursement shall be made only when the City collects money from the owners of properties whose buildings are to be connected to the public sewer along COLIMA AVENUE notwithstanding any provision of any law, this code, or the Reimbursement Agreement. 6. Place of PaMrr ent The City shall make payment to Applicant at: KELLY GEARHART 6205 ALCANTARA ATASCADERO, CA 93422 7. Successors and Heirs This Agreement shall be binding on and shall ensure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. 8. Severability Shall any provision of this Agreement be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect unimpaired by the court ruling. 9. Captions The captions of the Sections of the Agreement are for convenience and reference only. They shall not be construed to define or limit the provisions to which they relate. 10. Indemnity Applicant agrees to save, indemnify and hold harmless, the City of Atascadero, its officers, employees and agents, from all liabilities, judgements, costs and expenses, due to any and all activities related to the implementation of the rights and privileges granted in this agreement, except for liabilities, judgements, costs and expenses due to the City's negligence.( 147 I• 1 0 I* IN WITNESS WHEREOF, the parties hereto have executed this agreement effective as of the day approved by the City Council of the City of Atascadero. AGREED. Date: Z /V 4LLY tiEARHART Approved by the Council of the City of Atascadero on this day of 12006. Attest: By: Marcia M. Torgerson, City Clerk Approved as to Form: By: Patrick L. Enright, City Attorney City of Atascadero By: Tom O'Malley, Mayor 6 EXHIBIT A COLIMA AVENUE SEWER REIMBURSEMENT AREA PROPERTY ;QW ) IM$TIRSEIuIENT AMOUNT 049-302-017 $7,551.36 JAMES AND JENNIFER EICKEMEYER 3605 COLIMA AVENUE ATASCADERO, CA 93422 049-302-014 $7,551.36 DONALD AND TAMMY JORDAN 3625 COLIMA AVENUE ATASCADERO, CA 93422 049-302-013 $7,551.36 ROBERT ALLEY 3725 COLIMA AVENUE ATASCADERO, CA 93422 049-302-012 $7,551.36 ROBERT ALLEY 3725 COLIMA AVENUE ATASCADERO,CA 93422 049-302-009 $7,551.36 MICHAEL RAMIREZ 3855 COLIMA AVENUE ATASCADERO, CA 93422 049-163-011 $7,551.36 MARTIN RICHARDSON 3800 COLIMA AVENUE ATASCADERO, CA 93422 049-163-012 $7,551.36 VIVIAN MC COY 3740 COLIMA AVENUE ATASCADERO, CA 39422 049-164-007 $7,551.36 BRIAN DUGAS* 3680 COLIMA AVENUE ATASCADERO, CA 93422 049-163-056 $7,551.36 MICHAEL GARROTTO 3620 COLIMA AVENUE ATASCADERO, CA 93422 049-163-010 $7,551.36 COE 3780 COLIMA AVENUE ATASCADERO, CA 93422 049-163-082 $7,551.36 GEARHART 6205 ALCANTARA ATASCADERO, CA 93422 *Connected to the benefit of the. Developer 149 • — a ' �' � 049 t026 "v.+�4 =,-'ro)'� `�• � � '�'/3'{` "" �/ (�+ ]�°Q .� S �. afa � z' �¢ i ; (��.�a 1 ��, . 43 `k" ,�� - ' e� , r ", ,,`r,� Pd d r � �Q �3w ami , s ..30 C _ So- p.. 0'Z r .o .0 !> " 49 'oZQ'Z4 N� XS "Ib' ... V _Q g a 13 �' Q �, GSA �� �qr ✓ „Sfi� �r Cp 1.0 ad b Fv T3I (� `ten_ f Y ✓ # : S f r f { 5 1� 3' r . V'+ �Ai �' 1\Q715 fGG � e `�� `a �4 .� � . y V •J"i'`� O � ���Nie lffj'/�f+y�}2� •»A`N.au:. L.2'-�kY aJ`Ke ��1' �'�"� 4� '.'..n.a f �qd� il9r 302 0 049 r s� 04Q�'� a0�4�3OMy'� yy `.'.x.1 N Al aT rafil� ~ . afpt ,� { o e '.;^,a't,,� . w�', -i,SV —e7 ` q;�t _ 1�� �: �(,7L '��r ;�, �. � a by",x ;1 �.,'r� "� J�£ �' '�^ 1 �^•4'��m 6 � `'F *` t ,,r E� i'ii' `" 4Q�t i*�y a ,r - ,`''.. 01 *I 0 � 151 I• 10 Atascadero City Council Staff Report Public Works Department ITEM NUMBER: C-2 DATE: 03/28/06 Atascadero Road Program (An update report on the Atascadero Road Program) RECOMMENDATION: Council receive this report on the Atascadero Road Program. DISCUSSION: Atascadero Road Proaram Update Like all cities and counties in California, Atascadero suffers from a funding short fall for road maintenance due to the aging road system and State budget reductions. Atascadero has 141 miles of City Maintained Roads and 29 miles of Non -City Maintained Roads. This is the most road miles per capita of any city in the County. Atascadero's rural nature exacerbates the problem because its low population and high road miles translate to low funding levels, since many road maintenance funds are derived from population statistics. The U.S. Department of Transportation's 1991 report to Congress states that roadways in poor condition cost users as much as 25-30 percent more per mile than roadways in good condition. Well-timed preventative maintenance of a roadway's surface increases its service life and delays the need for expensive rehabilitation or reconstruction. Approximately $850,000 to $1,100,000 is required annually to maintain the roads in our community. The total amount of deferred rehabilitation is estimated to be a staggering $17,000,000. Road maintenance and rehabilitation for Circulation Plan Roads have been budgeted at $1.3 million for fiscal years 2005-2007, yet even with funding at that level, there remains a huge deficit. 152 ITEM NUMBER: C-2 DATE: 03/28/06 The Atascadero Road Program was developed to focus the City's efforts in maintaining and protecting the roads of Atascadero in an organized, efficient and cost-effective manner. While the program has been effective with the funding that it has been given, it is clear that the existing sources (Gas Tax, General Fund, Local Transportation Funds and STIP funds) are inadequate to completely fund this commitment. Additionally, the stability of some of the current funding sources is uncertain. Through this perfect storm, however, the Program has prevailed and made significant progress in improving the roads and decreasing the maintenance deficit since it's inception in 1999. The Program has been successful so far in reducing the deferred maintenance by more than $7 million in only the last six (6) years, but we still have a long way to go. Some of the highlights of this Program are: • Created strategies for road repair, maintenance and rehabilitation to use our funds effectively and provide a well maintained circulation system for the traveling public. Well-timed preventative maintenance of a roadway surface increases its service life and delays the need for expensive rehabilitation or reconstruction. Since 2000, we have paved 13 miles of Circulation plan roads and 6 miles of local roads through the various programs. • Increased funding for road maintenance. This includes the use of the General Fund for road paving. • Approved the Trench Cut Ordinance. Studies have concluded that utility S trenching degrades and shortens the life of the surface of the road. This degradation increases the frequency and cost of. maintaining the road surface. The Ordinance requires that trench cuts be constructed to City Standards and inspected. • Approved provisions for non -licensed persons to work in the Colony right-of-way. This will help citizens maintain non -city maintained roads. • Approved Ordinance for road improvement requirements for the construction and maintenance of roads for new developments to mitigate the impact on the circulation system. • Purchase of a paving machine and equipment to allow City Maintenance Staff to pave local roads. • Creation of a Cold Mix Program. This Program makes asphalt -patching cold mix material available to residents to fill potholes on non -city maintained roads. The cold mix is available at Fire Station #1 off Traffic Way. The public can access and load the material into their vehicles off of the Traffic Way driveway ramp. • Creation of the Road Loan Program. This is a City backed Program that allows low interest loans to neighborhoods that want to maintain and pave their non -City maintained road. C7 153 ITEM NUMBER: C-2 DATE: 03/28/06 0 Public Works Operations We have made many changes in Public Works Operations to focus the use of time, staff and funding on improving the condition of our roads. We have: • Included all Public Works,. Operations staff in the annual local road repair program. • Begun a program to inspect and clean all culverts on an annual basis. This will help keep water off our roads. • Worked with residences to trim and remove vegetation from the traveled way. • Begun more aggressive campaign to repair pot holes and failed trenches. • Created a program to identify and repair road problems as they are found. Circulation Plan Road Maintenance Circulation Plan Roads are roads that have higher volumes of traffic and affect a larger percentage of the community. They are also roads that are eligible for State and Federal funding. These are roads on which the City spends a majority of its funding and efforts. Staff monitors the condition of the roads and the traffic volumes to create a Pavement Management System. This information is used to select roads for rehabilitation. For a complete list of Circulation Plan Roads, including unfunded projects, please see Attachment B. Council has budgeted $1,300,000.00 in the 2005/2007 Budget for the paving of Circulation Plan Roads. Listed below are roads that will be paved this summer: ✓ Curbaril Ave — SR 41 to US 101 ✓ Atascadero Ave — various locations Listed below are roads that are planned to be paved next summer: ✓ San Jacinto Road — EI Camino Real to Nogales Ave ✓ Del Rio Road — Obispo Road to Chico Road Staff will continue to update and use the Pavement Management System to select future projects. is 154 ITEM NUMBER: C-2 DATE: 03/28/06 Local Road Maintenance Public Works Operations Division will be continuing to perform "maintenance work" paving City Maintained Local Roads in the spring and fall. These are roads where Federal and State funding is not available. The purchase of asphalt and other materials will be funded from the Public Works Operations Operating Supplies. Contract services such as street sweeping, water truck rental, tack coat application and other service to assist the operation will be funded out of Public Works Operations Contract Services. The criteria that is used in selecting City Maintained Local Roads for paving is as follows: • Poor condition of road surface. (Pot holes, base failure, alligator cracking) • City Maintained Local Road per the Circulation Element. • Traffic Control. Public Works Maintenance has a small staff. Proper traffic control can require considerable manpower. We will look for roads that can easily be closed to through traffic or traffic control is not too difficult. • Population served by the road. We will select Local Roads that serve the most residences. Last year Public Works Operations Staff repaired the following roads: ✓ Arena — San Anselmo to Yerba ✓ Yerba — Dolores to Estrada ✓ Nacimiento Atascadero Ave to End ✓ Via Ave —Traffic Way to Bridge ✓ El Dorado - La Linea to Arcade Public Works Operations Staff will be repairing the following road in the Spring and Fall of 2006: ✓ Devon Court — Santa Ynez to End ✓ San Gabriel Road — Atascadero Ave to West Front ✓ San Rafael Road — West Front Street to Atascadero Ave Following is a list of potential roads to pave in the upcoming two years. Roads with ,were paved in previous years. For a complete list of Local Road Paving Projects, including almost $11.5 million in Unfunded Road Paving Projects, please see Attachment C. 155 • • • • ITEM NUMBER: C-2 DATE: 03/28/06 Increasing Local Road Maintenance Council asked Staff to look for ways to increase the amount of Local Road paving our staff could complete in-house. Staff has evaluated this concept. Based on staffing levels, work load and department budgets it is not possible to increase Local Road paving without drastically reducing our level of service in the parks, streets and facilities. To increase the Local Road paving, without reducing the level of service elsewhere the following funding would be needed: 2 new maintenance workers $135,000.00 Public Works Operations Operating Supplies $60,000.00 Public Works Operations Contract Services $20,000.00 Total $215,000.00 Local Road Maintenance - Proposition 42 Funds Proposition 42 is a State Program to reduce congestion and improve roads. A portion of the funds goes to local agencies for road maintenance and repair. This funding is 156 LOCAL ROAD PAVING PROJECTS Road From To Devon Court Santa Ynez End San Gabriel Atascadero Ave West Front San Rafael Rd. West Front Street Atascadero Ave Dolores San Jacinto San Anselmo Alamo Ave. Barrenda Ave. Rosario Ave. Cortez Ave. Curbaril Ave. End Mountain View Dr. Portola Road Santa Rosa Rd. Violeta Ave. Santa Lucia Rd. Aguila Ave. AA r.. Con -le -res Ave Cn�rra-l.+ A. -in Cn+rn/dn A,...Qnn AMC Coin Inanot Qc3m jj*ij=^0t_ All- in All - E Gastla-Rlo Ave,Wffidnicin Read Hidalgo AN19 All Increasing Local Road Maintenance Council asked Staff to look for ways to increase the amount of Local Road paving our staff could complete in-house. Staff has evaluated this concept. Based on staffing levels, work load and department budgets it is not possible to increase Local Road paving without drastically reducing our level of service in the parks, streets and facilities. To increase the Local Road paving, without reducing the level of service elsewhere the following funding would be needed: 2 new maintenance workers $135,000.00 Public Works Operations Operating Supplies $60,000.00 Public Works Operations Contract Services $20,000.00 Total $215,000.00 Local Road Maintenance - Proposition 42 Funds Proposition 42 is a State Program to reduce congestion and improve roads. A portion of the funds goes to local agencies for road maintenance and repair. This funding is 156 ITEM NUMBER: C-2 DATE: 03/28/06 difficult to program and predict since it is tied to the State Budge and politics. Currently the City has $241,790.00 programmed in the 2005/2007 budget. Staff is proposing to is expend these funds on Old Morro Road. The road paved surface is failing in many areas and in need or repair. before the road becomes impassable. Some sections of the road will be overlayed and others require complete reconstruction. This project will be completed this summer. Atascadero Streetscape Proiects City .Staff is working on the conceptual design of Streetscape Project, Phase 11. The Council budgeted $1,000,000.00 of Redevelopment Bond Project Funds and $500,000.00 of Federal Transportation Enhancement (TE) Funds for the project. This will be a continuation of the Phase I Project on EI Camino Real and Traffic Way and the Sunken Gardens Project. We will be using the same concepts and Streetscape furnishings on EI Camino Real and Traffic Way to enhance Downtown Atascadero, make it more pedestrian friendly and calm traffic. The asphalt road surface will be repaved in areas where the streetscape improvements are installed. Staff will be bringing concepts to the City Council for input and approval. Interchange Operational Improvements The City is initiating a study of the interchanges in Atascadero to identify operational improvements to improve circulation and safety. We will be studying Santa Barbara, Santa Rosa, Curbaril, Traffic Way, San Anselmo and Del Rio interchanges. We will be identifying cost effective improvements such as; striping, road closures, ramp relocations, medians, signage and round -a -bouts that will not require the interchange deck to be rebuilt. Road Rehabilitation Loan Program The City Council created the Road Loan Program to allow neighborhood the ability to pave local roads. A local bank loans the funds for the work to the homeowners. The City guarantees the loan, which provides a low fixed rate for the homeowner. Residences on Otero Road and Ortega Road have already taken advantage of this program and their roads have been repaved. Residences on Encinal Ave are preparing to pave their road this summer through the program. City Staff is briefing the neighborhoods of Piedras Altos Ave and Llano Road about the program. For a complete list of Non -City Maintained Roads, please see Attachment D. ATTACHMENTS: Attachment A — Atascadero Road Program Map Attachment B — List of Circulation Plan Roads Attachment C — City Maintained Local Road Lists Attachment D — Non City Maintained Local Road Lists 157 if 0 k 0 � X ) w d � u j q cl: nn § E I § w§ � w m -0w w C-- U CII Q w @ y F U N W 2 p ¢Q a) E E U) aI al Am Am Tm Tm mZ Aa>) Aa> T`@m> -(on >v>^ -m M. >n CZ5 ' nZS n > > 2 `a ``` >>> d a >> >> > > > > 0 0 > >>>OOo OO>00> o> >- - .0ZO000OO�OON���0w U U U U C m 41 = N C •L C. C U y C C C C U V C p L G L C L YU d .O1_Lt- LF- oa=- 5 F-� c 3 F -F- F-F-LLF- m V5 0Z= c Cl)F-� F-F-F-F-l-rnF-m� SHF 3F c 7 O 7 ~ 7 ~~ ~ ~ �� LL LL LLLLLL LL LL LL LL LL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0-o O o O o O o 0 0 0 0 0 0 o D o 0 0 0 o O o 0 0 0 0 0 0 0 0 0 0 0000 0000 0M 0000toONInDo OO 0 000ln. to 000NODOO W W O011)t!') 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Way to Duizura Balboa Graves Creek to San Fernando Barranco Carmelita to end Barranco Heights Barranco to Lucinda Lane • LI Attachment "C" Length Cost (miles) 0.74 0.55 $83,096.59 0.22 $32,727.27 0.08 $11,988.64 1.04 $156,250.00 0.32 $48,295.45 0.10 $15,028.41 0.35 $52',130.68 030 $104,687..50 $48,295.45 $69,715.91 Carrizo ITraffic Way to EI Camino Real 6,960.23 $83,607.95 5,681.82 lAndrita..to Carmelita 8,750.00 W4361,761.36 2,698.869,431.828,863.646,875.0016,875.00 I Santa Lucia to Ardilla 0.69 $103,267.05 Cascada I EI Centro to EI Camino Real 0.09 $12,897.73 Castano Barrenda JAIaMO to i ratnc vvayNBellaista San Marcos to end 0.74 $110,738.64 Catalpa to end0.05 $7,556.82 Miramon to end0.16 $23,437.50 Ensenada to Capistrano 0.32 $48,153.41 ano Carmelita lWest Mall to Santa Ysabel I San Andres to Curbaril 0.32 0.46 $48,295.45 $69,715.91 Carrizo ITraffic Way to EI Camino Real 0.56 $83,607.95 Casanova lAndrita..to Carmelita 0.60 $89,829.55 Cascabel I Santa Lucia to Ardilla 0.69 $103,267.05 Cascada I EI Centro to EI Camino Real 0.09 $12,897.73 Castano I Maleza to Palomar 0.55 $83,096.59 Castenada Lane IToloso to end 0.20 $29,829:55 Catalpa Cebada I San Rafael to end I Santa Ana to end 0.23 0.30 $34,801.14 $44,971.59 Cemetery Cenegal Chandler Lane I Capistrano to Mercedes I Laurel to end I San Rafael to end 0.15 1.08 0.10 $22,443.18 $161,931.82 $14,318.18 Chico ITraffic Way to Del Rio 0.20 $29,261.36 Colima I San Benito to San Anselmo 0.61 $91,477.27 Colorado I San Rafael to San Diego 0.50 $74,829.55 Conejo Coromar Ramona to end I Marchant to Portola 0.15 0.72 $22,727.27 $107,698.86 Corona I Santa Ana to end 0.76 $113,636.36 Corriente I San Fernando to end 0.76 $113,636.36 Corriente ILlano to end 0.14 $21,306.82 Cortez Maleza to end 0.49 $73,494.32 Country Club Cristobal Capistrano to Mercedes San Andres to Curbaril 0.13 0.41 $20,028.41 $61,903.41 Cuesta Court San Rafael to end 0.13 $19,886.36 Del Rio San Gregorio to San Gregorio 1.70 $255,681.82 160 Devon Court I Santa Ynez to end 0.051 $6,875.00 Dolores Isan Anselmo to Traffic Way 0.96 $143,607.95 Dulzura I Gancho to Fresno 0.591 $88,068.18 East Front Isan Gabriel to Santa Rosa 0.381 $57,301.14 East Mall JEI Camino Real to Lewis 0.151 $22,727.27 EI Centro jArcade to Cascada 0.071 $9,801.14 EI Corte jArcade to La Linea 0.291 $42,840.91 EI Dorado jArcade to La Linea 1 0.241 $35,426.14 EI Monte ISanta Lucia to City Limits 0.76 $113,636.36 EI Verano IDolores to Vida 0.511 $76,704.55 Enchanto I Balboa to end 0.49 $73,863.64 Ensenada ICapistrano to Capistrano 0.421 $63,210.23 Entrada I Lewis to EI Camino Real 0.151 $22,159.09 Escalon IMiramon to Hildago 0.081 $11;647.73 Estrada ISan Ansemo to San Jacinto 0.371 $55,397.73 Falda I San Benito to Amargon 0.301 $45,596.59 Flores ISanta Lucia to Los Gatos 0.211 $31,306.82 Fresno Isan Jacinto to Rosario 0.341 $50,284.09 Gabarda Icurbaril to Wastewater Plant 0.441 $65,823.86 Gancho IDolores to Rosario 0.46 $69,744.32 Garcero I Santa Ana to end 0.451 $67,045.45 Garcia Isanta Cruz to east end 0.611 $91,988.64 Graves Creek Isan Fernando to Santa Ana 0.38 -$56,818.18 Hermosa INavarette to San Clemente 0.191 $28,323.86 Hermosilla ICayucosto San Jacinto 0.301 $45,738.64 Hildago I Sycamore to Sycamore 0.35 $52;272.73 Honda ITraffic Way to Bajada 0.30 $45,738.64 Junipero JEI Camino Real to end 0.68 $101,988.64 La Canada IDel Rio to end 0.28 $42,613.64 La Linea I EI Corte to State Route 101 0.461 $69,659.09 La Luz Isan Benito to Arena 0.46 $69,460.23 La Paz lAtascadero Road to end 0.27 $41,221.59 Lake View IPortola to Santa Rosa 0.47 $70,511.36 Las Lomas JEI Bordo to end 0.45 $68,039.77 Laurel Santa Lucia to end 0.43 $63,920.45 Lewis Traffic to East Mall 0.38 $56;818.18 Liga jArena to Amargon 0.181 $27,500.00 Llano I Santa Lucia west to Balboa 1.61 $241,477.27 Lomitas ISanta Lucia to end 1 0.99 $149,147.73 Los Gatos Isanta Lucia to end 0.48 $72,244.32 Los Osos I San Rafael to Old Morro Road East 1.14 $170,596.59 Lucinda Lane I Entire length 0.35 $52,982.95 Magdelena ICemetery to Mercedes 0.22 $33,380.68 Magnolia I Capistrano to Mercedes 0.27 $39,772.73 Maleza I Castano to Cortez 0.08 $11,931.82 Maple JEI Camino Real to Catalpa 0.08 $12,698.86 Marchant Morro Road to Portola 1.37 $205,255.68 Marchant Way Pismo to Santa Rosa 0.331 $49,318.18 Maricopa San Anselmo to end 0.54 $80,397.73 Mariquita Rosario to Olmeda 0.261 $38,778;41 Miramon Sycamore to Sycamore 0.481 $72,727.27 -161 • • • Monita Isan Gabriel to Sierra Vista 0.19 $28,948.86 Montecito I Las Lomas to East Front 0.16 $24,573.86 onterey Court in View Monterey to end Portoia to Santa Rosa 0.09 0.46 $14,204.55 $69,403.41 man EI Camino Real to end 0.27 $40,767:05 ento Nav Atascadero Mall to end 0.11 $15,965.91 a tte Santa Ynez to Curbaril San Marcos to Santa Lucia 0.79 0.59 $119,034.09 $87,869.32 Naviciad JEI Verano to Vida 0.21 $31,420.45 Nogales Obispo Old Morro Road IDolores to Dulzura ITraffic Way to Del Rio I Morro Road to Morro Road 0.78 0.63 1.64 $116,818.18 $94,772.73 $245,880.68 Old Morro Road East IMorro Road to Morro Road 0.43 $63,920.45 Olmeda I San Jacinto to West Mall 0.76 $113,636.36 Palma San Jacinto To East Mall 0.81 $122,159.09 Palomar Yesal to EI Camino Real 0.97 $145,965.91 Paseo Pacifico Santa. Cruz to end 0.13 $19,062.50 Pinewood Court Pino Solo Catalpa to end La Linea to Principal 0.05 0.33 $6,931.82 $49,659.09 Plata Lane EI Camino Real to end 0.09 $13,863.64 Potrero ITraffic Way to Del Rio 0.34 $50,482.95 Prado Court . San Rafael to end " ---: o 1 4„ 1 -, 0.09 n 15 $13,920.45 $22.159.09 • • I r- 1 11 1-Ipui Pueblo 1-1 Sombrilla to San Luis Avenue 0.34 $50,284.09 Ramona Del Rio to Monterey 1.17 $175,028.41 Rayar Ridgeway Court Robles Lomitas to Nudoso Rosario to end Santa Ysabel to Sombrilla 0.06 0.04 0.09 $8,522.73 $5,681.82 $13,778.41 San Andres Atascadero Avenue to Marchant 0.27 $4Q,056.82 San Ardo Arena to Dolores 0.23 $35,227.27 San Clemente San Marcos to San Marcos 0.44 $65,568.18 San Diego Road San Diego Road San Diego Way San Dimas Lane Atascadero Road to State Route 101 ISan Dimas to City Limits I EI Camino Real to State Route 101 Los Osos to end 0.59 0.52 0.24t-$36,'022.73 0.10 $88;068.18 $78,125.00 $14,6.87.50 San Dimas Road Los Osos to San Diego Road 0.66 $99,431.82 San Gregorio San Guillermo Garcia to Santa Ana San Gabriel to end 2.37 0.17 $355,113.64 $25,085.23 San Lucas EI Monte to end 0.21 $31,250.00 San Luis Avenue Pueblo to Curbaril 0,23 $34,517.05 San Palo San Anselmo to Ardilla 0.47 $71,221.59 San Pedro jGancho, to Aiamo 0.19 $28,409.09 San Rafael JEI Camino Real to State Route 101 0.12 $18,210.23 San Rafael jAtascadero, Road to West Front 0.511 $77,130.68 San Rafael I San Gabriel to Los Osos 0.461 $69,034.09 San Ramon Del Rio to Caltrans right of way 028 $42,471.59 San Vincente Dolores to San Jacinto 0.31 $46,022.73 Santa Ana Santa Cruz to Lot 10 0.30 $45,454.55 Santa Ana Santa Lucia to Balboa 2.46 $369,318.18 Santa Fe EI Corte to EI Dorado 0.12 $17,755.68 Santa Ynez Morro Road to Morro Road 1.14 $170,312.50 162 Serra Atascadero Avenue to San Andres 0.17 $25,369.32 Sierra Vista Monita to San Marcos 0.31 $47,017.05 Sinaloa Curbaril to Pueblo 0.24 $35,653.41 Solano EI Camino Real to La Linea 0.15 $22,301.14 Sombrilla Curbaril to end 0.64 $96,022.73 Sycamore I Capistrano to Miramon 0.85 $126,988.64 Tampico jGabarda to end 0.331 $49,715.91 Tecolote I Llano to gate 1 -0.081 $11,363.64 Toloso ISan Dimas to City Limits 1 0.441 $65,568.18 Tunitas jBajada to Traffic Way 1 0.36 $53,409.09 Valle I Palomar to end 1 1.15 $172,869.32 Venado ISanta Lucia to Ardilla 1 0.78 $116,363.64 Via ITraffic Way to Ensenada 0.131 $19,034.09 Vida INogales to San Jacinto 0.641 $96,676.14 Violeta ISanta Lucia to Aguila 0.301 $45,653.41 Vista ISan Marcos to Ibsen Tract 0.281 $41,789.77 West Front jPortoia to State Route 101 0.96 $143.,409.09 Willow JEI Camino Real to end 0.021 $3,181.82 Verba jEstrada to Dolores 0.291 $43,181.82 Yesal Icurbaril to Castano 0.211 $31,704.55 TOTAILI 76.311 $11,447,073.86 163 • C • Non -City Maintained Roads Attachment T" . Length Street Segment (miles) Aguila Venado to Venado 0.85 Alondra Santa Barbara to end .0.23 Alta Vista Navarette to Navarette 0.38 Amapoa Curbaril to Portola 0.40 Aragon Tampico to end 0.05 Ardilla Portola west to end 0.14 Ardilla Graves Creek to end 0.11 Ardilla Balboa to end 0.38 Artiga Balboa to end 0.05 Atajo Chauplin to end 0.05 Atascadero Mall EI Camino Real to State Route 101 0.04 Atascadero. Road Santa Barbara to end 0,09 Aurora Tampico to end 0.05 Avenal Pismo to Santa Rosa 0.05 Azucena Curbaril to Portola 0.42 Balboa Otereo to Llano 0.47 Bolsa Santa Lucia to end 0.28 Calle Cynthia EI Camino Real to end 0.09 Calle Refugio Via Tortuga to end 0.07 Campbell Cane EI Camino Real to end 0.11 Campo Monterey to end 0.14 Casitas Sierra Vista to end 0.24 Cayucos San Anselmo to Lobos 0.33 Cemetary Mercedes to end 0.28 Chauplin Venado to Santa Lucia 0.57 Cholare Morro Road to end 0.14 Chorro Santa Lucia to end 0.38 circle Oak San Rafael to end 0,14. Cole Court Portola to end 0.09 Constancia Marchant to end 0:05 Corta Santa Lucia to end 0.04 Cortez North end 0.05 Cortina Pinal to Valle 0.19 Cristobal . Curbaril east to end 0.21 Curvado Circle Dolores to Dolores 0.14 Eagle Creek Court Santa Barbara to end 0.14 El Centro Cascada to end 0.14 El Descanso Larga to end (2 sections) 0.09 EI Parque Pismo to Santa Rosa 0.09 EI Retiro San Andres to end 0.11 Encinal Valle to end 0.28 Encino Santa Lucia to end 0.42 Escarpa Pinal to Valle 0.19 Escondido Portal to end 0.47 Falda Amargonto San Anselmo 0.30 Gallina Llano to end 0.11 Gusta EI Camino Real to end 0.09 Hermosilla Cayucos to Lobos 0.09 164 Hospital Drive Capistrano to Capistrano 0.22 Jaquima Corona to end 0.09 Jolon Barrano to end 0.11 Jornada Lane EI Camino Real to end 0.19 Juanita Sombrilla to end 0.09 Juarez Barrenda to end 0.09 La Costa EI Camino Real to end 0.11 La Uva EI Camino Real to end 0.05 Larga Navarette to San Clemente 0.38 Las Casitas EI Camino Real to Los Pueblos 0.24 Linda Vista Navarette to end 0.11 Lobos San Anselmo to Nogales 0.43 Lobos Court Lobos Lane to end 0.05 Lobos Lane Nogales to end 0.19 Los Cerritos San Andres to Navarette 0.09 Los Pueblos Las Casitas to Las Casitas 0.28 Madera. Place EI Camino Real to end 0.09 Maleza Castano to Pinal 0.28 Mananita Dolores to Estrada 0.24 Marco Lane EI Camino Real to end 0.15 Maya Lane EI Camino Real to end 0.15 Mira Flores San Andres to end 0.11 Montura Lane Coromarto end 0.05 Nudoso Rayar to Lomitas 0.57 Ortega Atascadero Road south to City Limits 0.52 Otero Balboa to end 0.38 , Pajaro Coromar to end 0.19 Palo Verde Old Morro Road to Lot 19 0.76 Pequina Larga to Larga 0.19 Pescado Venado to end 0.13 Piedras Altos Curbaril to Portola 0.38 Pinar Curbaril to end 0.66 Portal San Marcos to end 1.04 Portola Way Portola to end 0.09 Ramage Portola to end 0.09 Realito Vista to end 0.38 Rio Rita Del Rio to end 0.24 Rivera Bbnica to Maduro 0.14 Ropa Court San Gregorio to end 0.38 Rosita Avenue San Anselmo to Nogales 0.38 Rosita Court San Anselmo to end 0.09 San Benito EI Camino Real to State Route 101 0.09 San Carlos San Rafael to City Limits 0.14 SanCayetano rCenegal to end 0.38 San Fernando Monterey to Balboa 0.85 San Francisco Marchant to Azucena 0.19 San Gabriel San Marcos to Santa Lucia 1.04 San Marcos Sierra Vista to Portal 0.85 San Marcos Los Altos westerly to end 0.71 San Rafael Los Osos to easterly end 0.19 Santa Barbara Atascadero Road to Atascadero Road 0.13 165 • • • Santa Cruz Ramona to Graves Creek 0.09 Santa Cruz EI Camino Real to Traffic Way 0.47 Santa Cruz Garcia to Graves Creek 0.28 0.14 Sausalito Balboa to end Seperado San Jacinto to San Anselmo (2 sections) 0.38 Serena Mercedes to end 0.38 Sierra Vista Monita easterly 0.19 Silla Colima to end 0.23 Sonora Pinal to Valle 0.28 Tecorida San Andres north to end 0.19 Tecorida Curbaril to end 0.05 Tecorida Marchant to end 0.05 Tecorida San Andres south to end 0.14 Tranquilla Ban Anselmo to Rosita 0.24 Vega Ardilla to end (2 sections) 0.28 Vernalis Tampico to end 0.19' Via Tortuga Atascadero Road to Coromar 0.25 Viscano Dolores to end 0.24 Vista Ibsen Tract 0.47 TOTAL 29.43 • • 166