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Agenda Packet 09/12/2006
i9s e i a CITY OF A TA SCA DERO CITY COUNCIL AGENDA Tuesday, September 12, 2006 7:00 P.M. City Hall Council Chambers 6907 EI Camino Real Atascadero, California REDEVELOPMENT AGENCY: 6:30 P.M. • CLOSED SESSION: (Immediately Following Redevelopment Agency Meeting) 1. PUBLIC COMMENT— CLOSED SESSION 2. CALL TO ORDER a. Conference with legal counsel - Existing Litigation (Govt. Code Sec. 54956.9 (a)) 1. City of Atascadero v. Pacific Gas and Electric 3. ADJOURN 4. CLOSED SESSION REPORT 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 (Vacant) COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to five minutes. Please state your name for the record before making your presentation. The Council may take action to direct the staff to place a matter of business on a future agenda. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Council.) APPROVAL OF AGENDA: Roll Call COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Council may take action on items listed on the Agenda.) PRESENTATIONS: • 1. Proclamation declaring September 21, 2006 "International Day of Peace." 2. Commendation presented to Dennis Moresco. 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 — August 8, 2006 ■ City Clerk Recommendation: Council approve the City Council meeting minutes of August 8, 2006. [City Clerk] 2. City Council Special Meeting Minutes— August 17, 2006 ■ City Clerk Recommendation: Council approve the City Council special meeting minutes of August 17, 2006. [City Clerk] 3. July 2006 Accounts Payable and Payroll • ■ Fiscal Impact: $2,181,094.75. ■ Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for July 2006. [Administrative Services] 4. June 2006 Investment Report • Fiscal Impact: None. ■ Recommendation: Councilapprovethe Investment Report for June 2006. [City Treasurer] 5. Final Map 2005-0105 (Parcel Map AT 04-0214) 7930 Santa Ysabel Ave. (TPM 2004-0062) (Mumford) ■ Fiscal Impact: None. ■ Recommendations: Council: 1. Accept Parcel Map AT 40-0214; and, 2. Reject, without prejudice to future acceptance, the offers of dedication for Public Utility Easement. '[Public Works] 6. Final, Map 2006-0133 (Tract 2793) 7665 (etc.) Navaioa Ave. (TTM 2005- 0080) (Otis) ■ Fiscal Impact: None. ■ Recommendations: Council: 1. Accept Final Map 2006-0133, Tract 2793; and, 2. Reject, without prejudice to future acceptance, the offers of dedication • for Public Utility Easement and easement to Atascadero Mutual Water Company. [Public Works] 7. Charles Paddock Zoo Utility Corridor Proiect (City Bid No. 2006-010) ■ Fiscal Impact: $272,050.00 from Proposition 40 State Grant Funds. ■ Recommendation: Council authorize the City Manager to execute an agreement with A-Jay Excavating, Inc. in the amount of $182,784.00 for construction of the Charles Paddock Zoo Utility Corridor Project. [Public Works] 8. San Marcos Road Acceptance Into City Maintained Road System ■ Fiscal Impact: There will be additional costs to the City if the City Council accepts San Marcos Road for maintenance. ■ Recommendation: Council approve the Draft Resolution accepting San Marcos Road from the intersection of Los Altos Road to 12170 San Marcos Road (approximately 5120 feet) into the City Maintained Road System. [Public Works] 9. Temporary Road Closure - Calvary Chapel of Atascadero ■ Fiscal Impact: $160.00 per event for the installation of Road Closed signs by Public Works Staff. ■ Recommendation: Council approve a request by Calvary Chapel of • Atascadero for the closure of Palma Avenue from East Mall to West Mall during an event in the Sunken Gardens on September 22, 2006. [Public Works] 10.Temporary Road Closure— Colony Days Parade Route ■ Fiscal Impact: Staff time required for traffic control and clean-up related to this event. • • Recommendations: Council approve Draft Resolution authorizing the following road closures for the annual Colony Days Parade and related events: ❑ EI Camino Real from Curbaril to Traffic Way, West Mall from ECR to Lewis Ave., Entrada Ave. from ECR to Lewis Ave., San Luis Ave. from Curbaril to Pueblo Ave., and Pueblo Ave. from San Luis Ave. to ECR on Saturday October 21, 2006 from 8:30 a.m. until 1:00 P.M.; ❑ Palma Avenue from East Mall to West Mall from 6:00 a.m. Friday October 20, 2006 to noon Monday October 23, 2006; ❑ East Mall from EI Camino Real to Palma on Saturday October 21, 2006 at 6:00 a.m. to Sunday October 22, 2006 at 5:00 p.m. [Public Works} 11.Land Surveying Services ■ Fiscal Impact: The costs of land surveying services are billed directly to the capital project accounts. ■ Recommendation: Council authorize City Manager to enter into two additional ongoing contracts for contract landsurveying services with firms on the "Land Surveying Services Qualified Firm List." [Public Works] 12.Consideration of a Construction and Demolition Debris (CM • Ordinance Title 8: Local Building Ordinance ■ Fiscal Impact: There will be additional staff time necessary to review recycling plans and determine compliance. • Recommendation: Council adopt on second reading, by title only, the Draft Ordinance A adding Chapter 13 to Title 8 of the Atascadero Municipal Code, requiring the mandatory recycling of construction and demolition debris. [Community Development] 13. San Andres Planned Development #25: ZCH 2005-0097 (Barre) ■ Description: Approval of Zone Change that would allow a 5-unit residential planned development in a currently developed site with a single-family residence that has been identified as a Colony Home. ■ Fiscal Impact: None. ■ Recommendation: Council adopt on second reading, by title only, Draft Ordinance A approving Zone Change 2005-0097 based on findings. [Community Development] 14.SLO Green Build Memorandum of Understanding ■ Fiscal Impact: The MOU has no end date and requires the City to pay SLO Green Build $2,000 annually. ■ Recommendation: Council authorize the Mayor to execute the attached the Memorandum of Understanding between the City of Atascadero and • SLO Green Build. [Community Development] 15.Proposed Lake Park Design Guidelines • 0 Fiscal Impact: None at this time. ■ Recommendation: Council review the proposed Lake Park Design Guidelines, provide staff with direction regardingmodification of the guidelines, and adopt the guidelines. [Community Services] 16.Supplemental Law Enforcement Services Fund (SLESF) ■ Fiscal Impact: $100,000 to be paid for by SLESF grant funds. ■ Recommendation: Council designate 2006/2007 Supplemental Law Enforcement Services Fund (SLESF) monies for use in frontline Police services and equipment improvements. [Police] B. PUBLIC HEARING: 1. Title 9 Planning and Zoning Text Amendment ZCH 2006-0117 / PLN 2006- 0110 Industrial Zoning Uses, Sign Ordinance & Exterior Lighting (City of Atascadero) ■ Fiscal Impact: None. ■ Recommendations: Planning Commission Recommends: Council: 1. Adopt Draft Resolution A certifying Proposed Negative Declaration 2006-0023; and, 2. Introduce for first reading, by title only, Draft Ordinance A approving • Zone Change 2006-0117 based on findings. [Community Development] 2. Interim Urgency Ordinance Establishing a Moratorium on the Approval of "Site Condominiums" ■ Description: Temporary Ordinance establishing a moratorium for the approval of "site condominiums." ■ Fiscal Impact: None. ■ Recommendation: Council adopt the attached interim urgency ordinance establishing a moratorium on the approval of "site condominiums." [City Attorney] C. MANAGEMENT REPORTS: 1. Annual Housing Report Calendar Year 2005 ■ Fiscal Impact: None. ■ Recommendation: Council receive and file the attached Annual Housing Report. [Community Development] 2. City Council Strategic Initiatives Update ■ Fiscal Impact: • ■ Recommendation: This is an informational report; Council may want to refine the work on, or direction of, one or more of the initiatives. [City Manager] D. COMMITTEE & LIAISON REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary): • Mayor O'Malley 1. County Mayor's Round Table 2. Finance Committee 3. Air Pollution Control District (APCD) 4. Economic Vitality Corporation, Board of Directors(EVC) 5. League of California Cities — Grassroots Network 6. City/ Schools Committee 7. Economic Opportunity Commission (EOC) 8. SLO Council of Governments (SLOCOG) / S.L.O. Regional Transit Authority (SLORTA) 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 E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager • F. ADJOURNMENT: • Please note:Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this public hearing will be distributed to the Council and available for review in the City Clerk's office. I, Shannon Sims, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the September 12, 2006 Regular Session of the Atascadero City Council was posted on September 5, 2006 at the Atascadero City Hall, 6907 EI Camino Real, Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location. Signed this 5th day of September, 2006 at Atascadero, California. Shannon Sims, Deputy City Clerk City of Atascadero • • City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING The City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m., at the City Hall Council Chambers, 6907 EI Camino Real, Atascadero. Matters are considered by the Council in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the City Clerk and are available for public inspection during City Hall business hours at the Central Receptionist counter and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the City Council. The minutes of this meeting will reflect these numbers. All documents submitted by the public during Council meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the City Clerk's office. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office or the City Clerk's Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON AGENDA ITEMS Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and will request anyone interested to address the Council regarding the matter being considered to step up to the podium. If you wish to speak for, against or comment in any way: • You must approach the podium and be recognized by the Mayor • Give your name and address (not required) • Make your statement • All comments should be made to the Mayor and Council • No person shall be permitted to make slanderous, profane or negative personal remarks concerning any othele individual, absent or present • All comments limited to 5 minutes (unless changed by the Council) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. If you wish to use a computer presentation to support your comments, you must notify the City Clerk's office at least 24 hours prior to the meeting. Access to hook up your laptop to the City's projector will be provided. You are required to submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk before the meeting begins to announce your presence and turn in the printed copy. The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the Council to: • Please approach the podium and be recognized • Give your name and address (not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Council). TO HAVE ITEMS PLACED ON AGENDA All business matters to appear on the Agenda must be in the Office of the City Manager 14 days preceding the Council meeting. Should you have a matter you wish to bring before the Council, please mail or bring a written communication t� the City Manager's office in City Hall prior to the deadline. City of Atascadero Proclamation "INTERNATIONAL DA Y OF PEACE" September 21, 2006 In recognition of International Day of Peace, established on the 21" day of September of each year, this Council would like to pass a proclamation that supports UN Resolution 55/282. This Resolution. "Declares that the International Day of Peace shall henceforth be observed as a day of global ceasefire and non-violence, an invitation to all nations and people to honour a cessation of hostilities for the duration of the Day;" and "Invites all Member States, organizations of the United Nations system, regional and non- governmental organizations and individuals to commemorate, in an appropriate manner, the International Day of Peace, including through education and public awareness, and to cooperate with the United Nations in the establishment of the global ceasefire." To support this effort we encourage each citizen in our community,to visualize..; • anyone recklessly or with mal-intent pointing a gun or weapon at another to pause • those who carry bombs on their bodies or in the holds of their planes to pause • anyone'in the midst of violating another in any way to have a moment where mercy or remorse enters their hearts • all who consume both animal and plant life for sustenance and warmth to honor the connection with and feel appreciation for all forms of life that are sacrificed on our behalf • corporate executives and government officials to reconsider trade practices, policies, and actions that would disadvantage and harm the-rights to food, clothing, shelter, and a decent life for some for the,profit or disproportionate gain of others • those of wealth and position seeing in their minds a hearts a vision of utilizing the vast resources at their disposal to bring an end to sickness,poverty, and warfare It is our hope that all who respect and participate in the events of this day will feel uplifted and encouraged to further such noble causes in the days, months, and years to come. WITNESS THE OFFICIAL SEAL OF THE CITY OF ATASCADERO: Tom O'Malley, Mayor City of Atascadero, California September 12, 2006 City of Atascadero • Commendation WHEREAS, the Atascadero builder Dennis Moresco is a licensed architect as well as a builder of quality homes and neighborhoods for over 27 years;and WHEREAS, Dennis Moresco developed the Colony at Apple Valley project in Atascadero with 70 homes situated around a city park which he also built,and WHEREAS, the City of Atascadero recognizes that Mr. Moresco has done an exemplary job of exceeding the city's native tree mitigation-requirements by transplanting over 200 large oak trees, which had been scheduled for removal and destruction;and WHEREAS, Mr. Moresco and his company, Midland Pacific Building Corporation, complied with the native tree protection ordinance by saving from removal dozens of native trees, and exceeding those requirements by saving over 60 trees thatwere slightly smaller than the minimum,size required for protection;and WHEREAS, Mr. Moresco employed the use of native plants in the landscape design to reduce water needs of thepark over time, saving million of:gallons-of water annually by converting irrigation systems to low flow drip irrigation, and the public park will serve the neighborhood and the community for generations to come;and WHEREAS, the.Colony at Apple Valley is.a hallmark of how to design and construct a quality neighborhood inkeeping ith the values ands character of the community;and WHEREAS, Mr. Moresco and Midland Pacific saved many of the historic apple trees in the former orchard area which is now part of the community°park. This special park for Atascadero residents will provide an opportunity for walking,exercise,nature watching and leisure activities;and WHEREAS, Mr. Moresco has served as President of the California Building Industry Association, has been named "Builder of the Year" (1995), -and has been inducted into the California Builder Hall of Fame(2005);and WHEREAS, Dennis Moresco is a Cal Poly graduate and Atascadero resident who is an integral part of the community with his wife Patty and two sons. NOW, THEREFORE, the City Council of the City of Atascadero hereby commends and thanks Dennis Moresco for his exemplary development at Apple Valley on behalf of the Community of Atascadero,and congratulates him on his success in'the:advancement of homebuilding in our community and beyond. WITNESS THE OFFICIAL SEAL OF THE CITY SCADERO: Tom O'Malley,Mayor City of Atascadero September 12,:2006 10 ITEM NUMBER: A- 1 DATE: 09/12/06 �a s p i9 CITY OF A TASCADERO CITY COUNCIL DRAFT MINUTES Tuesday, August 8, 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 Mayor O'Malley Members Clay, Luna, Pacas and y y Absent: None Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson, Deputy City Clerk Grace Pucci Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis, Administrative Services Director Rachelle Rickard, Public Works Director Steve Kahn, Community Services Director Brady Cherry, Community Development Director Warren Frace, Police Chief John Couch, Fire Chief Kurt Stone, Deputy Public Works Director Geoff English, Deputy Community Development Director Steve McHarris, Associate Planner Kelly Gleason and City Attorney Patrick Enright. COMMUNITY FORUM: Tom Gaddis, representing local pastors, led those present in prayer. CC Draft Minutes 08/08/06 Page 1 of 14 2 Zoe Duty asked how the city is involved in Wal Mart's purchase of private land and commented that seedling oak trees growing along the roadways should be cut down so they do not encroach on the roads. Laurent Bernard distributed a handout regarding the United Nations International Day of Peace and asked the city to pass a resolution recognizing that day. (Exhibit A) Ann Ketcherside expressed concern regarding projects that do not have an address listed, and requested the physical address of each project be listed in the agenda. Tom Colemeyer, spokesperson for Oppose Wal Mart, explained the intention of their group and stated his concern that staff's actions undermine the General Plan. Mike Brennler spoke about the contents of a letter from attorney Dennis Law to a law firm in Los Angeles, and explained why this is a problem for Atascadero. Nancy Wirtz`spoke about an article written by Barry Linn regarding Wal Mart's unethical business practices. Kelly Dodge stated she works at Wal Mart and related the positive aspects of her employment there. Dorothy Dodge stated her support for Wal Mart and felt it would help the community. Don Idler thanked the Cit Council for their hard work and stated his support for their Y pp honesty and integrity. Mr. Idler spoke about the success of Wal Mart in Paso Robles. Eric Greening spoke in support of proclaiming the International Day of Peace, asked if the Peace Pole could be'resurrected, and encouraged more accountability regarding the Wal Mart issue. Brandon Istenes stated his concurrence with the International Peace Day request. Doug Lewis read from a prepared statement regarding the old City Hall Administration Building. (Exhibit B) Jim Shannon referred to the emails discussed at the last meeting regarding the Wal Mart issue and explained why he thought they were misleadingly presented to the public. There was Council consensus to extend the Community Forum period. David Curtis asked the City Council to insure that transparency exists in their dealings with Wal Mart. CC Draft Minutes 08/08/06 Page 2 of 14 13 Daphne Fahsing read from a prepared statement regarding the sales tax revenue expected from the Annex project (Exhibit C) and asked how many years it will take to build out the project. Doug Lewis read from a prepared statement regarding the impacts to traffic circulation from the planned Traffic Way sports complex. (Exhibit D) Mayor O'Malley closed the Community Forum period. Mayor O'Malley asked staff to address issues raised during the Community Forum period. City Attorney Patrick Enright spoke about the purchase of private property by a developer, and stated that the city has met the requirements of the Public Records Act. City Clerk Marcia McClure Torgerson explained that she is puffing together a report on the records retention schedule for review by the City Council. Community Development Director Warren Frace reviewed the process for project development in Atascadero. Council Member Luna reviewed and clarified the sequence for his release of an email to a citizen and explained that it is a public document. i APPROVAL OF AGENDA: Mayor O'Malley recommended moving Item #C-2 to the end of the agenda. MOTION: By Council Member Clay and seconded by Council Member Luna to approve the agenda as amended. Motion passed 4:0 by a roll-call vote. COUNCIL ANNOUNCEMENTS AND REPORTS: Mayor Pro Tem Pacas reported on the League of California Cities 2006 Mayors and Council Members Academy Executive Forum, which she and Mayor O'Malley attended. Mayor O'Malley explained the reporting requirements for Council Members, and spoke about a Memorandum of Understanding (MOU) between the City and SLO Green Build. (Exhibit E) There was Council consensus to agendize the MOU on the Consent Calendar of a future City Council meeting. CC Draft Minutes 08/08/06 Page 3 of 14 14 PRESENTATIONS: 1. Employee Service Award Presentations City Manager Wade McKinney presented Fire Captain Keith_Aggson with a Service Pin and spoke of his service to the city. 2. :Review of New City Web Page Assistant City Manager Jim Lewis gave the staff report. A. CONSENT CALENDAR: 1. City Council Meeting Minutes —June 27, 2006 ■ City Clerk Recommendation: Council approve the City Council meeting minutes of June 27, 2006. [City Clerk] 2. City Council Meeting Minutes— July 11, 2006 ■ City ClerkRecommendation: Council approve the City Council meeting minutes of July 11, 2006. [City'Clerk] 3. June 2006 Accounts Payable and Payroll • Fiscal Impact: $1,797,733.42. • Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for June 2006. [Administrative Services] 4. Investment Policy— Proposed Revisions • Fiscal Impact None. ■ Recommendation: Council adopt the Draft Resolution approving and adopting the revised City of Atascadero Investment Policy dated August 8, 2006. [Administrative Services] 5. Authorization of Signers to Execute Documents with Financial Institutions ■ Fiscal Impact: None. ■ Recommendation Council adopt the Draft Resolution naming the individual positions authorized to execute documents with Mid-State Bank, investment companies, and other financial institutions. [Administrative Services] 6. Temporary Road Closure- Bicycle Rodeo ■ Fiscal Impact None. ■ Recommendation: Council approve the temporary road closure of Palma Avenue, from East Mall to West Mall, and West Mall, between Palma CC Draft Minutes 08/08/06 Page 4 of 14 15 . Avenue and Lewis Avenue, on Saturday, September 9, 2006 from 7:00am until 1:00pm for a Bicycle Rodeo. [Community Services] 7. Temporary Road Closure - Curbaril Avenue ■ Fiscal Impact: All Traffic Control expenses will be covered by R. Burke Construction as part of the project cost. ■ Recommendation: Council approve the request from R. Burke Construction for the temporary closure of portions of Curbaril Avenue for a repaving project from Monday, August 21st through Friday, August 25th, 2006. [Public Works] 8. San Gabriel Road / Morro Road Traffic Signal Award (City Bid No. 2006- 012) ■ Fiscal Impact: Total project expenditures of $343,020. Total projected shortfall of $43,020. ■ Recommendations: Council 1. Authorize the City Manager to execute a contract with Lee Wilson Electric for $182,470 to construct the San Gabriel Road/Morro Road Traffic Signal; and, 2. Authorize the Administrative Services Director to appropriate $43,020 of Circulation Impact Fees for the San Gabriel Road/Morro Road Traffic Signal. [Public Works] 9. Combined Fixed Route Service Agreements ■ Fiscal Impact: The new service can be provided within the currently budgeted funds for Fixed Route service. Staff recommends allocating an additional $10,000 for marketing and promotion from 06/07 Federal 5307 Funds. ■ Recommendations: Council: 1. Authorize the City Manager to enter into a Memorandum of Understanding between the City of Atascadero and the City of Paso Robles for implementation of a combined fixed route service; and, 2. Authorize the City Manager to enter into the North County Regional Cooperative Transit Agreement between the Cities of Atascadero and Paso Robles, and Cuesta Community College for fixed route service; and, 3. Authorize the Administrative Services Director to appropriate $10,000 from 06/07 Federal 5307 Funds for marketing and promotional services. [Public Works] 10. Supplemental Law Enforcement Services Fund (SLESF)/Purchase of Radar Speed Display Signs ■ Fiscal Impact: The total cost of two radar speed signs, installation equipment, and supporting supplies is $10,116.55. These additional radar speed signs are paid for by 2005/2006 SLESF grant funds and do not impact the General Fund. CC Draft Minutes 08/08/06 Page 5 of 14 16 Recommendation: Council designate excess 2005/2006 Supplemental Law Enforcement Services Fund (SLESF) monies for use of purchasing two additional radar speed display signs. [Police] Items pulled: Eric Greening, Item #A-9. MOTION: By Mayor Pro Tem Pacas and seconded by Council Member Luna to approve Items #A-1, 2, 3, 4, 5, 6, 7, 8 and 10. Motion passed 4:0 by a roll-call vote. (Item #A-4 Resolution No. 2006-0074, Item #A-5 Resolution No. 2006-075, Item #A-8 Contract No. 2006-028) Item #A-9 Public Works Director Steve Kahn gave a report on the Combined Route Service. PUBLIC COMMENT Eric Greening spoke about the lack of a common transfer point between the Express Route 9 service in Atascadero and the North County Shuttle service, and suggested signage be placed at the stops to explain the changes in service. Mayor O'Malley closed the Public Comment period. MOTION: By Mayor Pro Tem Pacas and seconded by Council Member Luna to approve Item#A-9. Motion passed 4:0 by a roll-call vote. (Item #A-9.1 Contract No. 2006-029, Item #A-9.2 Contract No. 2006-030) B. PUBLIC HEARING: 1. San Andres Planned Development #25': ZCH 2005-0097 / CUP 2005-0150 TTM 2005-0088(Barre) ■ Description: Approval of Zone Change, Conditional Use Permit and Vesting Tentative Tract Map that would allow a 5-unit residential planned development in a currently developed site with a single-family residence that has been identified as a Colony Home. Fiscal Impact: None, ■ Recommendations: Planning Commission Recommends: Council 1 . Adopt Resolution A certifying Proposed Mitigated Negative Declaration 2006-0019; and, 2. Introduce for first reading, by title only, draft Ordinance A approving Zone Change 2005-0097 based on findings; and, CC Draft Minutes 08/08/06 Page 6 of 14 17 3. Adopt Resolution B approving Conditional Use Permit 2005-0150 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 4. Adopt Resolution C approving Vesting Tentative Tract.Map 2006-0088 based on findings and subject to Conditions of Approval and Mitigation Monitoring. [Community Development] Deputy Community Development Director Steve McHarris gave the staff report and answered questions of Council. PUBLIC COMMENT Pamela Jardini, applicant's agent, stated they support the recommendations by the Planning Commission and answered questions of Council. She explained that there needs to be a private yard included for two of the residences, which will reduce the open space as shown. Mayor O'Malley closed the Public Comment period. MOTION: By Council Member Clay and seconded by Mayor Pro Tem Pacas to adopt Resolution A certifying Proposed Mitigated Negative Declaration 2006-0019; and, introduce for first reading, by title only, Draft Ordinance A approving Zone Change 2005-0097 based on findings; and, adopt Resolution B approving Conditional Use Permit 2005-0150 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, adopt Resolution C approving Vesting Tentative Tract Map 2006-0088 based on findings and subject to Conditions of Approval and Mitigation Monitoring, and including the private yard request. Motion passed 4:0 by a roll-call vote. (Item #B-1.1 Resolution No. 2006-076, Item #B-1.3 Resolution No. 2006-077, Item #B-1.4 Resolution No. 2006-078) 2. Consideration of a Construction and Demolition Debris (C&D) Ordinance Title 8: Local building Ordinance ■ Fiscal Impact: There will be additional staff time necessary to review recycling plans and determine compliance. However, if the program demands significant staff resources, cost recovery may need to be revisited in the future. ■ Recommendation: Council introduce for first reading, by title only, the Draft Ordinance A adding Chapter 13 to Title 8 of the Atascadero Municipal Code, requiring the mandatory recycling of construction and demolition debris. [Community Development] CC Draft Minutes 08/08/06 Page 7 of 14 18 Community Development Director Warren Frace gave the staff report and answered questions of Council. PUBLIC COMMENT Eric Greening spoke in support of the ordinance and indicated it was a good step in implementing the Climate Protection Agreement. MariaHooper questioned why there is a 1000 square foot minimum rather than being mandatory for every project. Mayor O'Malley closed the Public Comment period. MOTION: By Council Member Clay and seconded by Mayor Pro Tem Pacas to introduce for first reading, by title only, the Draft Ordinance A adding Chapter 13 to Title 8 of the Atascadero Municipal Code, requiring the mandatory recycling of construction and demolition debris. Motion passed 4:0 by a roll-call vote. 3. Community Facilities District 2005-1 Annexation No. 5 (Dove Creek) ■ Description: Adoption of this Resolution is part of the final necessary steps for the establishment of Annexation No. 5 of Community Facilities District 2005-1 to fund new police, fire, and park services for this development. • Fiscal Impact: None. ■ Recommendation: Council adopt Draft Resolution D, making certain findings; certifying the results of an election and adding property to Community Facilities District No. 2005-1 (Public Services), Annexation No. 5 (Dove Creek). [Community Development] Community Development Director Warren Frace gave the staff report and answered questions of Council. PUBLIC COMMENT— None Mayor O'Malley asked the following questions of the City Clerk: 1. Have any written protests been received? City Clerk: No. 2. Are there less than 12 voters in the district? City Clerk: Yes 3. Has the property owner consented to the election? City Clerk: Yes. 4. Does the City Clerk concur with the holding of the election today? City Clerk: Yes. The City Clerk counted the vote. Results: One vote of yes on Propositions A and B. CC Draft Minutes 08/08/06 ' Page 8 of 14 19 MOTION: By Mayor Pro Tem Pacas and seconded by Council Member Clay to adopt Draft Resolution D, making certain findings, certifying the results of an election and adding property to Community facilities District No. 2005-1 (Public Services), Annexation No. 5 (Dove Creek). Motion passed 4:0 by a roll-call vote. (Resolution No. 2006-079) Mayor O'Malley recessed the meeting at 9:06 p.m. Mayor O'Malley called the meeting back to order at 9:12 p.m. 4. Adoption of New Fee Schedules ■ Fiscal Impact: There will be an estimated annual increase in operating revenue of $80,000 from service charges and an estimated $1 million of revenues for infrastructure.improvements. ■ Recommendations: Council: 1. Adopt Draft Resolution A establishing a schedule of Fees and Charges for City Services; and, 2. Adopt Draft Resolution B establishing a schedule of Development Impact Fees. [Administrative Services] Administrative Services Director Rachelle Rickard gave the staff report and answered questions of Council. Eric Johnson, Revenue Cost Specialists, reviewed the Development Service Fee Update study and the methodology for the Development Impact Fees. Community Services Director Brady Cherry spoke aboutthe Mid State Cruisers concerns regarding the special event fee for the Lake Park. PUBLIC COMMENT Eric Greening raised several questions about circulation issues and applicability and asked if there is a way to address the total impacts of a project. Maria Hooper, Main Street Board of Directors, commented that the Board received a presentation from the city and had voted in favor of a full fee increase across the board. Mayor O'Malley closed the Public Comment period. There was Council discussion regarding delaying implementation of fees (with the exception of fees related to emergency services) for commercial retail within the downtown. i CC Draft Minutes 08/08/06 Page 9 of 14 20 MOTION: By Mayor O'Malley and seconded by Council Member Luna to adopt Draft Resolution A establishing a schedule of Fees and Charges for City Services; and, adopt Draft Resolution B establishing a schedule of Development Impact Fees and amending Section 4 of Draft Resolution-B as follows: Proceed with implementing the .fee increases across the board on everything outside of the downtown area. On the downtown area fees related to emergency services (Police and Fire) will be increased along with the other fees. All other categories of fees related to the downtown will have a delayed implementation until June 30, 2007 for retail commercial. At June 30, 2007 retail commercial will go to a rate equal with office. And with the following addition to Draft Resolution B: Whereas. the City Council desires to encouraae commercial retail development in the Atascadero downtown area; and Whereas. the Council finds that delaying the effective date of the amended fees will encourage the revitalization. commercial retail and public welfare of the downtown area of Atascadero and the City of Atascadero and ... Motion passed 4:0 by a roll-call vote. (item #B-4.1 Resolution No. 2006-080, Item #13-4.2 Resolution No. 2066-081) 5. Ordinance to implement Sales Tax Measure Fiscal Impact: None. ■ Recommendation: Council introduce for first reading only, by title only, the Draft Ordinance A relating to the sales tax measure to be considered by the voters on November 7, 2006 and authorizing the State Board of Equalization to administer the tax if approved by the voters. The ordinance will not go into effect unless approved by the voters by a majority vote. The operative date of the ordinance is April 1 , 2007, with a six year sunset provision. [City Attorney] City Attorney Patrick Enright gave the staff report and answered questions of Council. Mayor O'Malley commented that he cannot support a sales tax rate increase at this time. He explained that though he sees the need for additional funding for essential services, he believes staff has taken steps to reduce expenditures, increase revenues, ensure efficient operation and made progress in addressing the backlog of city needs. He thinks the city is in good financial shape and that subsequently there are more options for the next two years which he would like the opportunity to explore. Mayor Pro Tem Pacas stated that because the city's financial situation has improved she does not think this is an appropriate time to ask for the half-cent increase. CC Draft Minutes 08/08/06 Page 10 of 14 21 • Council Member Clay stated the city is behind in funding for roads, police and fire, and questioned whether the city can catch up. He believes it is a good idea to give the people the option of a sales tax increase. Council Member Luna prefers to take a good look at the budget and find options for funding the road issue. PUBLIC COMMENT Daphne Fahsing thanked the Mayor for his comments and read from a prepared statement questioning how much of the taxpayers money would be used to educate the public about this vote. (Exhibit F) Eric Greening expressed support for the direction the Council was taking and asked that a legislative platform be brought back for the Council to work with the League of Cities to try to reverse the ratios so there is an incentive for cities and other local governments to be specific about how they will spend their money. Joan O'Keefe stated she was reluctant to support the sales tax increase because it is a regressive tax and she doesn't trust how the money will be used. Mayor O'Malley closed the Public Comment period. MOTION: By Council Member Luna and seconded by Mayor Pro Tem Pacas to adopt the Draft Resolution rescinding the submission of the ballot measure. Motion passed 4:0 by a roll-call vote. (Resolution No. 2006-082) 6. Confirming the Cost of Vegetative Growth and/or Refuse Abatement ■ Fiscal Impact: No direct fiscal impact. ■ Recommendation: Council adopt the Draft Resolution, confirming the cost of vegetative growth (weeds) and/or refuse (rubbish) abatement. [Fire] Fire Chief Kurt Stone gave the staff report and answered questions of Council. PUBLIC COMMENT— None MOTION: By Council Member Luna and seconded by Council Member Clay to adopt the Draft Resolution, confirming the cost of vegetative growth and/or refuse abatement. Motion passed 4:0 by a roll-call vote. (Resolution No. 2006-083) CC Draft Minutes 08/08/06 Page 11 of 14 22 C. MANAGEMENT REPORTS: 1. Consideration of Amendment to Resolution 2003-055 - Policy for Rotation of Mayor and Mayor Pro Tem ■ Description: Adoption of Resolution would provide that every Council Member would serve at least one-year on the Council prior to being appointed Mayor. Fiscal Impact: None. Recommendation: Council adopt .the Draft Resolution, amending the method of implementing the system for Rotation of Mayor and Mayor Pro Tem. [City Attorney] City Attorney Patrick Enright gave the staff report. PUBLIC COMMENT- None MOTION: By Council Member Luna and seconded by Council Member Clay to adopt the Draft Resolution, amending the method of implementing the system for Rotation of Mayor and Mayor Pro Tem. Motion passed 4:0 by a roll-call vote. (Resolution No. 2006-084) 3. Lewis Avenue Bridge Project (City Bid No. 2006-0061 i ■ Fiscal Impact: Totalestimated project expenditures of $5,408,871. ■ Recommendation: Council direct staff to re-bid the Lewis Ave Bridge Project with recommended changes to the project bid package. [Public Works] Public Works Director Steve Kahn gave the staff report and, with Administrative Services Director Rachelle Rickard, answered questions of Council. PUBLIC COMMENT- None MOTION: By Mayor Pro Tem Pacas and seconded by Council Member Clay to direct staff to re-bid the Lewis Ave Bridge Project with recommended changes to the project bid package. Motion passed 4.0 by a roll-call vote. (Bid No. 2006-014) 4. Atascadero Creek and Graves Greek/Creek Setback Options ■ Fiscal Impact: None. • Recommendations: Council direct staff to prepare a General Plan Amendment and Zone Change establishing a 35-foot setback from the Atascadero Creek and Graves Creek reservation boundaries. [Community Development] i CC Draft Minutes 08/08/06 Page 12 of 14 23 aCommunity Development Director Warren Frace gave the staff report and answered questions of Council. PUBLIC COMMENT Joan O'Keefe asked Council to support the staff recommendation and stated Eric Greening and Ellen Beraud who had to leave the hearing asked her to report that they also support staff's recommendation. Greg Carroll expressed his support for the 35-foot setback. Mayor O'Malley closed the Public Comment period. MOTION: By Council Member Clay and seconded by Mayor O'Malley to direct staff to prepare a General Plan Amendment and Zone Change establishing a 35-foot setback from the Atascadero Creek and Graves Creek ;reservation boundaries, and with the understanding that with special circumstances an applicant can come and challenge the setback. Motion passed 4:0 by a roll-call vote. MOTION: By Council Member Luna and seconded by Council Member . Clay to go past 11:00 p.m. Motion passed 3:1 by a roll-call vote. (Pacas opposed) 2. Stadium Park Public Planning Process Update ■ Fiscal Impact: To be determined in the Stadium Park "Issues and Options" Report. ■ Recommendation: Council review the planning process to date, and provide any direction as may be appropriate to staff. [Community Services] Community Services Director Brady Cherry gave the staff report and answered questions of Council. There was Council discussion regarding the importance of retaining the prescriptive easement for access to Stadium Park should there be a lot split. There was Council consensus to have the City Attorney insure that the easement remains in tact, Council Member Luna referred to the Objectives on page 303 and stated that new objectives, bullet point No. 5, "Capital improvements shall not impact the General Fund" should go back in with the addition of the word "significantly. CC Draft Minutes 08/08/06 Page 13 of 14 - 24 PUBLIC COMMENT- None D. COMMITTEE & LIAISON REPORTS: None E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Manager City Manager Wade McKinney stated the city is continuing to work with Cal Trans on the property off of Highway 41, and indicated staff will bring an item back to Council on the purchase of the Cal Trans property. Community Development Director Warren Frace described a new type of condominium to be used at the Dove Creek project. PUBLIC COMMENT- None There was Council consensus for staff to come 'back with moratorium language-for this type of condominium for the future. F. ADJOURNMENT: Mayor O'Malley adjourned the meeting at 11:27 p.m. to the next regularly scheduled meeting of the City Council on September 12, 2006. MINUTES PREPARED BY: Grace Pucci, Deputy City Clerk The following exhibits are available for review in the City Clerk's office: Exhibit A-Laurent Bernard, handout Exhibit B—Doug Lewis, letter Exhibit C Daphne Fahsing, letter Exhibit D—Doug Lewis,letter Exhibit F—Daphne Fahsing, letter CC Draft Minutes 08/08/06 Page 14 of 14 25 ITEM NUMBER: A-2 DATE: 09/12/06 R CITY OF A TA SCA DERO CITY COUNCIL *SPECIAL MEETING** Thursday, August 17, 20065 5:30 P.M. DRAFT MINUTES Mayor O'Malley called the meeting to order at 5:30 p.m. ROLL CALL: Present: Council Members Clay, Luna, Pacas and Mayor O'Malley Absent: One Vacancy Others Present: City Clerk/Assistant to City Manager Marcia McClure Torgerson Staff Present: Assistant City Manager Jim Lewis, Administrative Services Director Rachelle Rickard, Public Works Director Steve Kahn, and Deputy Public Works Director Geoff English. PUBLIC COMMENT: None A. MANAGEMENT REPORTS: 1. Atascadero Recreation Center Complex Award (City Re-Bid No. 2006-014) ■ Fiscal Impact: Total estimated expenditure of $7,750,000. Recommendations: Council: 1. Authorize the City Manager to execute a contract with the lowest responsible bidder in the amount to be determined at a bid opening on August 15, 2006 for construction of the new Atascadero Recreation Center Complex; and, 2. Appropriate additional funding to complete the desired project if costs exceed the funding available. [City Manager] Mayor O'Malley stepped down on this item as he has a financial conflict. He stated he owns property that is within 500 feet of this project. 26 Assistant City Manager Jim Lewis gave the staff report. MOTION: By Council Member Clay and seconded by Council Member Luna to authorize the City Manager to execute a contract with Wysong Construction Company in the amount of $6,044,910 and, approve a total ;project budget of $7,846,350 covering all planning, design, project administration, site improvements and contingencies. Motion passed 3:0 by a roll-call vote. (O'Malley abstained) B. ADJOURNMENT: Mayor O'Malley adjourned the meeting at 5:36 p.m. to the next regularly scheduled meeting of the City Council. MINUTES PREPARED BY: Marcia McClure Torgerson, C.M.C., City Clerk 27 ITEM NUMBER: A 3 DATE: 09/12/06 Isla e C2lD�l Atascadero City Council Staff Report Administrative Services Department July 2006 Accounts Payable and Payroll RECOMMENDATION: Council approve certified City accounts payable, payroll and payroll vendor checks for July 2006. DISCUSSION: Attached for City Council review and approval are the following: Payroll Dated 7/13/06 Checks # 22937 22998 $ 54,089.60 Direct Deposits 201,185.64 Dated 7/27/06 Checks #22999 -23064 58,553.86 • Direct Deposits 201,348.72 Accounts Payable Dated 7/1/06 - 7/31/06 Checks # 105971 - 106379 & EFTs 444 - 457 1,665,916.93 TOTAL AMOUNT $ 2,181,094.75 FISCAL IMPACT: Total expenditures for all funds is $ 2,181,094.75 CERTIFICATION: The undersigned certifies that the attached demands have been released for paymTt and that funds are available for these dema . ( '11(laajL 0� /—4 0-,C-,;;;:2 Rach lle Rickard, Directo of Administrative Services ATTACHMENT: July 2006 Eden Warrant Register in the amount of $ 1,665,916.93 28 City of.Atascadero Disbursement Listing For the Month of July 2006 Check Check Number Date Vendor Description Amount 444 07/03/2006 MID-STATE BANK Accounts Payable Check 387.74 448 07/05/2006 MID-STATE BANK Accounts Payable Check 40.00 449 07/05/2006 MID-STATE BANK Accounts Payable Check 80.00 450 07/05/2006 MID-STATE BANK Accounts Payable Check 65.00 451 07/05/2006 MID-STATE BANK Accounts Payable Check 100.00 452 07/05/2006 MID-STATE BANK Accounts Payable Check 125.00 453 07/05/2006 MID-STATE BANK Accounts Payable Check 38.75 105971 07/07/2006 A&T ARBORISTS Accounts Payable Check 1,200.00 105972 07/07/2006 ACCENTS Accounts Payable Check 178.66 105973 07/07/2006 AHERN RENTALS Accounts Payable Check ' 725.39 105974 07/07/2006 ALLSTAR FIRE EQUIPMENT,INC. Accounts Payable Check 2,499.42 105975 07/07/2006 ALTHOUSE&MEADE, INC. Accounts Payable Check 1,263.50 105976 07/07/2006 AMERICAN DANCE OF SLO Accounts Payable Check 86.25 105977 07/07/2006 AMERICAN MARBORG Accounts Payable Check 80.00 105978 07/07/2006 PAULA ANTON AccountsPayable Check 316.84 105979 07/07/2006 AQUAMARK POOL CARE Accounts Payable Check 756.6 105980 07/07/2006 ARAMARK UNIFORM SERVICES Accounts Payable Check 286.81 105981 07/07/2006 GINA ARIAS Accounts Payable Check 24.03 105982 07/07/2006 ASSOCIATED TRANSPORTATION ENG Accounts Payable Check 7,836.58 105983 07/07/2006 AT&T Accounts Payable Check 1,173.35 105984 07/07/2006 AT&T YELLOW PAGES Accounts Payable Check 250.91 105985 07/07/2006 AT&T/MCI Accounts Payable Check 289.63 105986 07/07/2006 ATASCADERO CHAMBER OF COMMERCE Accounts Payable Check 639.32 105987 07/07/2006 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 60.00 105988 07/07/2006 ATASCADERO NEWS Accounts Payable Check 918.00 105989 07/07/2006 ROBERT J. BAGBY Accounts Payable Check 1,126.95 105990 07/07/2006 BANGERT CONSULTING Accounts Payable Check 5,967.49 105991 07/07/2006 CINDY K. BENSON Accounts Payable Check 437.85 105992 07/07/2006 BEST BEST&KRIEGER LLP Accounts Payable Check 3,481.25 105993 07/07/2006 BEST WESTERN COLONY INN Accounts Payable Check 803.56 105994 07/07/2006 JOHN BLAIR Accounts Payable Check 101.95 105995 07/07/2006 KARIN BLOCK Accounts Payable Check 80.00 105996 07/07/2006 BLUEPRINTER Accounts Payable Check 21.45 105997 07/07/2006 AARON BROWN Accounts Payable Check 1.60 29 City of Atascadero Disbursement Listing For the Month of July 2006 Check Check umber Date Vendor Description Amount 105998 07/07/2006 CAL-COAST REFRIGERATION, INC Accounts Payable Check 7,462.84 105999 07/07/2006 CALIF CONTRACTORS SUPPLIES INC Accounts Payable Check 377,79 106000 07/07/2006 CALIFORNIAJ.P.I.A. Accounts Payable Check 11,034.00 106001 07/07/2006 JIM CAMPANA Accounts Payable Check 145.00 106002 07/07/2006 CDW GOVERNMENT, INC. Accounts Payable Check 807.59 106003 07/07/2006 CELLULAR ONE Accounts Payable Check 994.36 106004 07/07/2006 CENTRAL CALIFORNIA ASA Accounts Payable Check 390.00 106005 07/07/2006 CFW MEDIA LLC/ACTION PURSUIT Accounts Payable Check 210.00 106006 07/07/2006 CHEVRON Accounts Payable Check 1,929.42 106007 07/07/2006 CHICAGO GRADE LANDFILL Accounts Payable Check 60.00 106008 07/07/2006 JOSEPH CHOUINARD P.E. Accounts Payable Check 4,906.77 106009 07/07/2006 CINGULAR WIRELESS Accounts Payable Check 86.32 106010 07/07/2006 KATHY J.CINOWALT Accounts Payable Check 154.00 106011 07/07/2006 COASTAL COPY,LP Accounts Payable Check 271.41 106012 07/07/2006 COASTLINE EQUIPMENT Accounts Payable Check 274.13 106013 07/07/2006 COLOR CRAFT PRINTING Accounts Payable Check 1,429.90 106014 07/07/2006 CREATIVE PLAY&PATIO Accounts Payable Check 3,062.0.0 106015 07/07/2006 CRYSTAL SPRINGS WATER Accounts Payable Check 206.00 106016 07/07/2006 DARRYUS LOCK AND SAFE Accounts Payable Check 8.58 106017 07/07/2006 DAVE BANG ASSC., INC. Accounts Payable Check 1,493.21 106018 07/07/2006 DECOU LUMBER COMPANY Accounts Payable Check 1,764.00 106019 07/07/2006 TANYA DEGNAN Accounts Payable Check 65.00 106020 07/07/2006 DEPARTMENT OF CONSERVATION Accounts Payable Check 1,490.54 106021 07/07/2006 DEPARTMENT OF TRANSPORTATION Accounts Payable Check 789.59 106022 07/07/2006 DIRECT SPORTS, INC. Accounts Payable Check 2,714.40 106023 07/07/2006 DOCUTEAM Accounts Payable Check 24.95 106024 07/07/2006 EARTH SYSTEMS PACIFIC Accounts Payable Check 1,000.00 106025 07/07/2006 EAST-WEST FORESTRY ASSC, INC. Accounts Payable Check 22,400.00 106026 07/07/2006 EL CAMINO CAR WASH LLC Accounts Payable Check 31.90 106027 07/07/2006 ESCUELA DEL RIO Accounts Payable Check 129.60 106028 07/07/2006 EWING Accounts Payable Check 688.34 106029 07/07/2006 KEITH J.FALERIOS Accounts Payable Check 10.00 106030 07/07/2006 JULIE C. FALLON MD, Accounts Payable Check 200.00 106031 07/07/2006 FEDERAL EXPRESS Accounts Payable Check 69.48 • 106032 07/07/2006 FGL ENVIRONMENTAL Accounts Payable Check 1,658.00 106033 07/07/2006 FOOD FOR LESS Accounts Payable Check 9.59 30 City of Atascadero Disbursement Listing For the Month of July 2006 Check Check Number Date Vendor Description Amount 106034 07/07/2006 FRAZEE INDUSTRIES,INC. Accounts Payable Check 223.88 106035 07/07/2006 SHANNA GARCIA Accounts Payable Check 80.00 106036 07/07/2006 GAS COMPANY Accounts Payable Check 171.05 106037 07/07/2006 GEM AUTO PARTS Accounts Payable Check 28.44 106038 07/07/2006 GEO-WEST LAND CONSULTANTS, INC Accounts Payable Check 1,355.00 106039 07/07/2006 KELLY GLEASON Accounts Payable Check 9.79 106040 07/07/2006 KENNETH GLYNN Accounts Payable Check 567.00 106043 07/07/2006 GRAVES CREEK ESTATES, LLC Accounts Payable Check 34,228.92 106044 07/07/2006 GRAY LIFT,INC. Accounts Payable Check 204.72 106045 07/07/2006 GRISANTI HARDWARE Accounts Payable Check 35.37 106046 07/07/2006 BRIAN J. HAMPTON Accounts Payable Check 119.00 106047 07/07/2006 ASHLEY HARRIS Accounts Payable Check 24.14 106048 07/07/2006 HART IMPRESSIONS PRINT© Accounts Payable Check 530.70 106049 07/07/2006 ROBERTA HART Accounts Payable Check 100.00 106050 07/07/2006 HEALTH PLUS PHARMACY Accounts Payable Check 14.39 106051 07/07/2006 JOHN W. HOUGH Accounts Payable Check 400.00 106052 07/07/2006 HSM ELECTRONIC PROTECTION SCVS Accounts Payable Check 120.00 106053 07/07/2006 VALERIE HUMPHREY Accounts Payable Check 166.43 106054 07/07/2006 ICE TEES Accounts Payable Check 167.31 106055 07/07/2006 INFORMATION TECHNOLOGY Accounts Payable Check 391.09 106056 07/07/2006 IRON MOUNTAIN RECORDS MGMNT Accounts_Payable Check 19.14_ 106057 07/07/2006 JILL A. IVIS Accounts Payable Check 187.00 106058 07/07/2006 J. CARROLL Accounts Payable Check 407.02 106059 07/07/2006 JESPERSEN'S TIRE SERVICE, INC. Accounts Payable Check 155.00 106060 07/07/2006 SUSAN JOWELL Accounts Payable Check 5.00 106061 07/07/2006 MICHAEL J.KELLY FRAMING Accounts Payable Check 554.00 106062 07/07/2006 STEVEN KERR Accounts Payable Check 16.77 106063 07/07/2006 KNIGHT'S CARPETS&INTERIORS Accounts Payable Check 5,415.00 106064 07/07/2006 KATHERINE KNIGHT Accounts Payable Check 88.00 106065 07/07/2006 KPRL 1230 AM Accounts Payable Check 550.00 106066 07/07/2006 LANDSCAPES BY STACH Accounts Payable Check 155.00 106067 07/07/2006 LAUTZENHISER'S STATIONARY Accounts Payable Check 115.96 106068 07/07/2006 LEE WILSON ELECTRIC CO. INC Accounts Payable Check 1,222.47 106069 07/07/2006 LESA JONES PLANT SALES, INC. Accounts Payable Check 439.88 106070 07/07/2006 M. LEE SMITH PUBLISHERS LLC Accounts Payable Check 447.00 31 City of Atascadero Disbursement Listing For the Month of July 2006 Check Check umber Date Vendor Description Amount 106071 07/07/2006 MANAGED HEALTH NETWORK, INC._ Accounts Payable Check 286.70 106072 07/07/2006 ANNETTE MANIER Accounts Payable Check 3.56 106073 07/07/2006 CHRIS W. MANNING Accounts Payable Check 164.50 106074 07/07/2006 KERRY MARGASON Accounts Payable Check 68.98 106075 07/07/2006 ROMALDO&JANICE MARTIN Accounts Payable Check 1,655.00 106076 07/07/2006 MATTHEW BENDER&CO., INC. Accounts Payable Check 937.10 106077 07/07/2006 ROBERT MAXWELL Accounts Payable Check 1,050.00 106078 07/07/2006 STEVEN M. MCCLELLAN Accounts Payable Check 170.00 106079 07/07/2006 ERIN MCGRATH Accounts Payable Check 3.78 106080 07/07/2006 MEDWORKS, INC. Accounts Payable Check 105.00 106081 07/07/2006 MGE UNDERGROUND, INC. Accounts Payable Check 49,493.18 106082 07/07/2006 MINER'S ACE HARDWARE Accounts Payable Check 462.50 106083 07/07/2006 MISSION UNIFORM SERVICE Accounts Payable Check 43.52 106084 07/07/2006 MORRO GROUP, INC. Accounts Payable Check 1,703.59 106085 07/07/2006 MICHAL S. MOSES Accounts Payable Check 641.60 106086 07/07/2006 MUSIC FACTORY Accounts Payable Check 100.00 106087 07/07/2006 NATIONAL STAFFING LLC Accounts Payable Check 655.70 106088 07/07/2006 NCI AFFILIATES, INC Accounts Payable Check 335.00 106089 07/07/2006 SANDEE NELSON Accounts Payable Check 38.00 106090 07/07/2006 NEW EDGE NETWORKS TRANSEDGE Accounts Payable Check 279.95 106092 07/07/2006 OFFICE DEPOT INC _ Accounts_Payable Check 2,735.37 106093 07/07/2006 ONE HOUR PHOTO STOP Accounts Payable Check 460.10 106094 07/07/2006 PACIFIC COAST GYMNASTICS CENTE Accounts Payable Check 381.50 106095 07/07/2006 DEAN PERICIC Accounts Payable Check 75.00 106096 07/07/2006 FIRE DEPARTMENT PETTY CASH Accounts Payable Check 109.38 106097 07/07/2006 POLICE DEPARTMENT PETTY CASH Accounts Payable Check 77.39 106098 07/07/2006 PFEIFFER PARTNERS, INC. Accounts Payable Check 300.00 106099 07/07/2006 SCOTT E. PIPAN Accounts Payable Check 77.88 106100 07/07/2006 KAREN POLAND Accounts Payable Check 12.10 106101 07/07/2006 POOR RICHARD'S PRESS Accounts Payable Check 6,913.47 106102 07/07/2006 SUSAN POULIN Accounts Payable Check 95.00 106103 07/07/2006 PROCARE JANITORIAL SUPPLY Accounts Payable Check 180.16 106104 07/07/2006 GRACE L. PUCCI Accounts Payable Check 675.00 106105 07/07/2006 QUINN RENTAL SERVICES Accounts Payable Check 1,296.03 106106 07/07/2006 RADIO SHACK CORPORATION Accounts Payable Check 202.39 106107 07/07/2006 RECOGNITION WORKS Accounts Payable Check 1,716.00 32 City of Atascadero Disbursement Listing For the Month of July 2006 Check Check Number Date Vendor Description Amount 106108 07/07/2006 REESE WATER&LAND SURVEYING S Accounts Payable Check 1,298.22 106109 07/07/2006 RENAISSANCE CONSTRUCTION CONS. Accounts Payable Check 1,690.00 106110 07/07/2006 RUSSCO Accounts Payable Check 323.64 106111 07/07/2006 SAN LUIS OBISPO COUNTY VISITOR Accounts Payable Check 1,000.00 106112 07/07/2006 SAN LUIS PAPER AccountsPayable Check 53.39 106113 07/07/2006 SANTA MARIA TIRE, INC. Accounts Payable Check 59.95 106114 07/07/2006 D.P. SAUERESSIG Accounts Payable Check 255.46 106115 07/07/2006 SBC/MCI Accounts Payable Check 632.61 106116 07/07/2006 SCHIMM'S TREE SERVICE,INC. Accounts Payable Check 1,200.00 106117 07/07/2006 LISETTE SCHOLL Accounts Payable Check 200.90 106118 07/07/2006 SHAHAN LATHING Accounts Payable Check 909.00 106119 07/07/2006 SIGN OUTLET Accounts Payable Check 1,154.97 106120 07/07/2006 SCOTT SIMONS Accounts Payable Check 109.61 106121 07/07/2006 DAVID L. SMAW Accounts Payable Check 119.00 106122 07/07/2006 SUNLIGHT JANITORIAL Accounts Payable Check' 1,510.00 106123 07/07/2006 PAUL TABONE Accounts Payable Check 24.03 106124 07/07/2006 TESORO FLEET SERVICES Accounts Payable Check 10,264.48 106125 07/07/2006 TIME WARNER TELECOM Accounts Payable Check 1,353.16 106126 07/07/2006 MARTIN TRACEY Accounts Payable Check 102.35 106127 07/07/2006 TRIBUNE Accounts Payable Check 1,321.04 106128 07/07/2006 TRS CONSULTANTS,_INC._ _ Accounts Payable Check- 1,290.00 _ 106129 07/07/2006 TURF STAR,INC. Accounts Payable Check 38.43 106130 07/07/2006 U.S. POSTMASTER Accounts Payable Check 350.00 106131 07/07/2006 UNION ASPHALT,INC. Accounts Payable Check 5,075.74 106132 07/07/2006 UNITED STAFFING ASSOCIATES Accounts Payable Check 2,560.00 106133 07/07/2006 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 444.25 106134 07/07/2006 VENTURA PRINTING Accounts Payable Check 1,425.35 106135 07/07/2006 VERIZON WIRELESS Accounts Payable Check 706.28 106136 07/07/2006 VIBORG SAND&GRAVEL, INC. Accounts Payable Check 71.91 106137 07/07/2006 WALLACE GROUP Accounts Payable Check 3,181.20 106138 07/07/2006 JULIE WEST Accounts Payable Check 80.00 106139 07/07/2006 WESTERN FARM SERVICE, INC. Accounts Payable Check 1,379.18 106140 07/07/2006 JEFF WILSHUSEN Accounts Payable Check 407.81 106141 07/07/2006 WULFING'S BACKGROUND&POLYGR Accounts Payable Check 200.00 106142 07/07/2006 WYSONG CONSTRUCTION Accounts Payable Check 55,775.00 33 City of Atascadero Disbursement Listing For the Month of July 2006 Check Check umber Date Vendor Description Amount 106143 07/07/2006 DIANA YOUNG Accounts Payable Check 80.00 106144 07/11/2006 AK&COMPANY Accounts Payable Check 2,500.00 106145 07/11/2006 API,ATLAS PERFORMANCE INDUST Accounts Payable Check 205.00 106146 07/11/2006 ARCH Accounts Payable Check 411.40 106147 07/11/2006 ATASCADERO COMMUNITY Accounts Payable Check 31,133.00 106148 07/11/2006 ATASCADERO MAIN STREET Accounts Payable Check 14,790.00 106149 07/11/2006 ATASCADERO TRAFFIC WAY STORAGE Accounts Payable Check 647.00 106150 07/11/2006 TIFFANY AYLES Accounts Payable Check 60.00 106151 07/11/2006 JENNY BALSON Accounts Payable Check 10.00 106152 07/11/2006 CALIFORNIA CITY MGMNT FOUNDATN Accounts Payable Check 350.00 106153 07/11/2006 CALIFORNIA J.P.I.A. Accounts Payable Check 518,462.00 106154 07/11/2006 CALIFORNIA POLICE CHIEF'S ASSC Accounts Payable Check 75.00 106155 07/11/2006 CAPRCBM Accounts Payable Check 165.00 106156 07/11/2006 JASON F.CARR Accounts Payable Check 1,000.00 106157 07/11/2006 CENTRAL COAST CONTAINERS Accounts Payable Check 150.00 106158 07/11/2006 CFCA-EMS SECTION SO DIVISION Accounts Payable Check 150.00 106159 07/11/2006 BRADY CHERRY Accounts Payable Check 300.00 106160 07/11/2006 JERRY L.CLAY Accounts Payable Check 75.00 106161 07/11/2006 WILLIAM T. CLINE Accounts Payable Check 250.00 106162 07/11/2006 DRIVER ALLIANT INSURANCE SVC Accounts Payable Check 4,491.00 106163 07/11/2006 EMS PERSONNEL FUND Accounts Payable Check 130.00 106164 07/11/2006 EMS PERSONNEL FUND Accounts Payable Check 130.00 106165 07/11/2006 DANIEL E. ERNST Accounts Payable Check 250.00 106166 07/11/2006 FIRE CHIEFS ASSC.OF SLO CO Accounts Payable Check 1,050.00 106167 07/11/2006 WARREN FRACE Accounts Payable Check 300.00 106168 07/11/2006 ICMA Accounts Payable Check 928.00 106169 07/11/2006 STEVEN KAHN Accounts Payable Check 300.00 106170 07/11/2006 JASON LECLAIR Accounts Payable Check 440.00 106171 07/11/2006 JAMES R. LEWIS Accounts Payable Check 370.00 106172 07/11/2006 LIEBERT CASSIDY WHITMORE Accounts Payable Check 2,860.00 106173 07/11/2006 RORY W. LINN Accounts Payable Check 20.00 106174 07/11/2006 GEORGE W. LUNA Accounts Payable Check 75.00 106175 07/11/2006 CHRISTOPHER L. MARSHALL Accounts Payable Check 500.00 106176 07/11/2006 WADE MCKINNEY Accounts Payable Check 580.00 106177 07/11/2006 ALFRED G. MENDOZA Accounts Payable Check 250.00 34 City of Atascadero Disbursement Listing For the Month of July 2006 Check Check Number Date Vendor Description Amount 106178 07/11/2006 EDWARD J. MILLER Accounts Payable Check 250.00 106179 07/11/2006 NEW EDGE NETWORKS TRANSEDGE Accounts Payable Check 279.95 106180 07/11/2006 THOMAS P. O'MALLEY Accounts Payable Check 75.00 106181 07/11/2006 BECKY J. PACAS Accounts Payable Check 75.00 106182 07/11/2006 PROGRESSIVE SOLUTIONS, INC. Accounts Payable Check 4,500.00 106183 07/11/2006 RACHELLE RICKARD Accounts Payable Check 300.00 106184 07/11/2006 ELTON DALE ROBERDES Accounts Payable Check 250.00 106185 07/11/2006 CAROLE ROBINSON Accounts Payable Check 50.00 106186 07/11/2006 TOM WAY Accounts Payable Check 120.00 106187 07/11/2006 SUSAN M.WILLIAMS Accounts Payable Check 1.95 457 07/12/2006 MID-STATE BANK Accounts Payable Check 14.70 106188 07/12/2006 SCHIMM'S TREE SERVICE, INC. Accounts Payable Check 4,000.00 106189 07/12/2006 ATASCADERO MAIN STREET Accounts Payable Check 10,500.00 106190 07/12/2006 SLO COUNTY RECORDER Accounts Payable Check 61.00 106191 07/14/2006 ATASCADERO FIRE EMPLOYEE ASSN. Payroll Vendor Payment 665.00 106192 07/14/2006 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 20.00 106193 07/14/2006 ATASCADERO POLICE OFFICERS ASN Payroll Vendor Payment 582.42 106194 07/14/2006 FAMILY SUPPORT DIVISION Payroll Vendor Payment 207.69 106195 07/14/2006 HARTFORD LIFE INSURANCE Payroll Vendor Payment 14,155.75 106196 07/14/2006 ICMA RETIREMENT TRUST-401 Payroll Vendor Payment_ 264.45 106197 07/14/2006 ICMA RETIREMENT TRUST-457 Payroll Vendor Payment 1,204.88 106198 07/14/2006 KENNEDY CLUB FITNESS Payroll Vendor Payment 44.00 106199 07/14/2006 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 747.39 106200 07/14/2006 PERS LONG TERM CARE PROGRAM Payroll Vendor Payment 16.19 106201 07/14/2006 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTED Payroll Vendor Payment 78,619.87 106202 07/14/2006 SEIU LOCAL 620 Payroll Vendor Payment 730.49 106203 07/14/2006 UNITED WAY OF SLO COUNTY Payroll Vendor Payment 31.00 445 07/17/2006 MID-STATE BANK Payroll Vendor Payment 38,859.85 446 07/17/2006 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 8,992.65 447 07/17/2006 EMPLOYMENT DEV. DEPARTMENT Payroll Vendor Payment 844.04 454 07/18/2006 MID-STATE BANK Payroll Vendor Payment 43,269.36 455 07/18/2006 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 10,639.43 456 07/18/2006 EMPLOYMENT DEV.DEPARTMENT Payroll Vendor Payment 867.050 35 City of Atascadero Disbursement Listing For the Month of July 2006 Check Check her Date Vendor Description Amount 106204 07/22/2006 ACCENTS Accounts Payable Check 178.66 106205 07/22/2006 AIRGAS WEST Accounts Payable Check 66.86 106206 07/22/2006 ALL ABOUT PRODUCE,CORP. Accounts Payable Check 737.50 106207 07/22/2006 ALTHOUSE&MEADE, INC. Accounts Payable Check 11,137.42 106208 07/22/2006 AMERICAN MARBORG Accounts Payable Check 157.93 106209 07/22/2006 ANACAPA ANIMAL HOSPITAL Accounts Payable Check 32.23 106210 07/22/2006 ANTECH DIAGNOSTICS Accounts Payable Check 166.50 106211 07/22/2006 API,ATLAS PERFORMANCE INDUST Accounts Payable Check 205.00 106212 07/22/2006 AQUAMARK POOL CARE Accounts Payable Check 418.64 106213 07/22/2006 ARAMARK UNIFORM SERVICES Accounts Payable Check 196.93 106214 07/22/2006 ASAP REPROGRAPHICS Accounts Payable Check 343.20 106215 07/22/2006 ASBESTOS SERVICES, INC. Accounts Payable Check 500.00 106216 07/22/2006 AT&T Accounts Payable Check 46.07 106217 07/22/2006 AT&T Accounts Payable Check 48.68 106218 07/22/2006 AT&T/MCI Accounts Payable Check 235.37 106219 07/22/2006 ATASCADERO FORD Accounts Payable Check 74.10 106220 07/22/2006 ATASCADERO GLASS, INC. Accounts Payable Check 400.00 106222 07/22/2006 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 11,575.60 106223 07/22/2006 ATASCADERO NEWS Accounts Payable Check 10,702.89 106224 07/22/2006 ATASCADERO RUBBER STAMP CO Accounts Payable Check 315.21 106225 07/22/2006 ATASCADERO UNIFIED SCHOOL DIST Accounts Pavable Check _ 6,051,25 106226 07/22/2006 AVAYA INC. Accounts Payable Check 22.42 106227 07/22/2006 B.W.S. DISTRIBUTORS,INC, Accounts Payable Check 384.72 106228 07/22/2006 BASIC CHEMICAL SOLUTIONS, LLC Accounts Payable Check 4,783.99 106229 07/22/2006 BASSETT'S CRICKET RANCH,INC. Accounts Payable Check 55.33 106230 07/22/2006 BELL'S PLUMBING REPAIR, INC. Accounts Payable Check 332.50 106231 07/22/2006 BEST BEST&KRIEGER LLP Accounts Payable Check 15,319.95 106232 07/22/2006 BFGC ARCHITECTS PLANNERS, INC. Accounts Payable Check 36,991.54 106233 07/22/2006 BILL'S TOWING&TRANSPORT Accounts Payable Check 297.50 106234 07/22/2006 BOB'S CRANE SERVICE Accounts Payable Check 500.00 106235 07/22/2006 BOUND TREE MEDICAL, LLC Accounts Payable Check 559.47 106236 07/22/2006 BRENDLER JANITORIAL SERVICE Accounts Payable Check 1,010.00 106237 07/22/2006 BURTON'S FIRE, INC. Accounts Payable Check 500.00 106238 07/22/2006 CAL-COAST REFRIGERATION, INC Accounts Payable Check 122.00 106239 07/22/2006 CALIFORNIA CODE CHECK Accounts Payable Check 27,741.00 106240 07/22/2006 CAPITAL ENTERPRISES Accounts Payable Check 3,418.76 36 City of Atascadero Disbursement Listing For the Month of July 2006 Check Check Number Date Vendor Description Amount 106241 07/22/2006 CENTRAL COAST CASUALTY RESTOR Accounts Payable Check 1,730.32 106242 07/22/2006 CENTRAL COAST REPTILE RESEARCH Accounts Payable Check 272.00 106243 07/22/2006 CENTRAL COAST STRIPING, INC. Accounts Payable Check 1,400.00 106244 07/22/2006 CHEM CLEAN Accounts Payable Check 1,166.13 106245 07/22/2006 CHICAGO GRADE LANDFILL Accounts Payable Check 20.00 106246 07/22/2006 COASTLINE EQUIPMENT Accounts Payable Check 144.54 106247 07/22/2006 CONOCOPHILLIPS Accounts Payable Check 4,786.13 106248 07/22/2006 CRYSTAL SPRINGS WATER Accounts Payable Check 102.25 106249 07/22/2006 CTM GROUP, INC. Accounts Payable Check 213.85 106250 07/22/2006 SANDRA N. DEAL PH.D. Accounts Payable Check 295.00 106251 07/22/2006 DECOU LUMBER COMPANY Accounts Payable Check 93.45 106252 07/22/2006 DEPARTMENT OF CONSERVATION Accounts Payable Check 3,049.37 106253 07/22/2006 DEPARTMENT OF JUSTICE Accounts Payable Check 2,066.00 106254 07/22/2006 DEPARTMENT OF TRANSPORTATION Accounts Payable Check 1,301.26 106255 07/22/2006 DOCUTEAM Accounts Payable Check 24.95 106256 07/22/2006 DOGGIE WALK BAGS COMPANY Accounts Payable Check 404.07 106257 07/22/2006 ED'S FLY MEAT, INC. Accounts Payable Check 48.50 106258 07/22/2006 EMK&ASSOCIATES, INC. Accounts Payable Check 1,260.00 106259 07/22/2006 ESCUELA DEL RIO Accounts Payable Check 129.60 106260 07/22/2006 FARM SUPPLY COMPANY Accounts Payable Check 86.78 106261 - _07/22/2006 FEDERAL EXPRESS_ Accounts Payable Check 65.80 106262 07/22/2006 FGL ENVIRONMENTAL Accounts Payable Check 427.00 106263 07/22/2006 FIRE MAINTENANCE COMPANY,LLC Accounts Payable Check 47,00 106264 07/22/2006 FIRST AM REAL ESTATE SOLUTIONS Accounts Payable Check 100.00 106265 07/22/2006 FIRSTLINE, LLC Accounts Payable Check 183.40 106266 07/22/2006 FLO-SYSTEMS, INC Accounts Payable Check 51.19 106267 07/22/2006 FOOD FOR LESS Accounts Payable Check 299.70 106268 07/22/2006 FRAZEE INDUSTRIES,INC. Accounts Payable Check 64.08 106269 07/22/2006 GAS COMPANY Accounts Payable Check 236.75 106270 07/22/2006 GATEWAY COMPANIES, INC. Accounts Payable Check 8.07 106271 07/22/2006 GEM AUTO PARTS Accounts Payable Check 70.13 106272 07/22/2006 GEONORTH Accounts Payable Check 16,300.00 106273 07/22/2006 MIKE GIL Accounts Payable Check 404.00 106274 07/22/2006 GILBERT'S LANDSCAPES Accounts Payable Check 270.00 106275 07/22/2006 GOLDING CONCRETE SAWING Accounts Payable Check 1,060.04 37 City of Atascadero Disbursement Listing For the Month of July 2006 Check Check umber Date Vendor Description Amount 106276 07/22/2006 GRISANTI HARDWARE Accounts Payable Check 251.35 106277 07/22/2006 H.D. PETERSON Accounts.Payable Check 68.43 106278 07/22/2006 ROCHELLE 0.HANSON Accounts Payable Check 53.93 106279 07/22/2006 BARRY HARDY Accounts Payable Check 139.37 106280 07/22/2006 HART IMPRESSIONS PRINT© Accounts Payable Check 572.48 106281 07/22/2006 HARVEY'S HONEYHUTS Accounts Payable Check 122.82 106282 07/22/2006 NEAL HASCH,TRACTOR WORK Accounts Payable Check 225.00 106283 07/22/2006 HEALTH PLUS PHARMACY Accounts Payable Check 56.10 106284 07/22/2006 HSM ELECTRONIC PROTECTION SCVS Accounts Payable Check 581.00 106288 07/22/2006 I.M.P.A.C.GOVERNMENT SERVICES Accounts Payable Check 18,579.29 106289 07/22/2006 ICE TEES Accounts Payable Check 96.53 106290 07/22/2006 JESPERSEN'S TIRE SERVICE, INC. Accounts Payable Check 4.00 106291 07/22/2006 JOEL SWITZER DIESEL REPAIR Accounts Payable Check 395.36 106292 07/22/2006 JOHN DEERE LANDSCAPES Accounts Payable Check 107.00 106293 07/2212006 KNIGHT'S CARPETS&INTERIORS Accounts Payable Check 3,173.00 106294 07/22/2006 KRITZ EXCAVATING&TRUCKING Accounts Payable Check 2,639.86 106295 07/22/2006 JAMES R. LEWIS Accounts Payable Check 35.00 106296 07/22/2006 LIFE ASSIST, INC. Accounts Payable Check 954.77 106297 07/22/2006 LOCATE PLUS CORPORATION Accounts Payable Check 15.00 106298 07/22/2006 DEBRA LUTSKE Accounts Payable Check 19.09 106299 07/22/2006 _ BRENT MACGREGOR PHOTOGRAPHY _ Accounts Payable Check 123.34 106300 07/22/2006 MAINLINE UTILITY CO. Accounts Payable Check 1,275.00 106301 07/22/2006 MARTINELLI LANDSCAPE CONST INC Accounts Payable Check 2,750.83 106302 07/22/2006 BECKY MAXWELL Accounts Payable Check 76.67 106303 07/22/2006 SHANNON L. MCCABE Accounts Payable Check 2,300.00 106304 07/22/2006 WADE MCKINNEY Accounts Payable Check 76.00 106305 07/22/2006 MICHAEL FREDERICK PAVING,INC. Accounts Payable Check 21,569.00 106306 07/22/2006 MINER'S ACE HARDWARE Accounts Payable Check 182.86 106307 07/22/2006 MISSION UNIFORM SERVICE Accounts Payable Check 50.14 106308 07/22/2006 MICHAL S. MOSES Accounts Payable Check 1,503.20 106309 07/22/2006 NAVAJO ROCK&BLOCK Accounts Payable Check 399.34 106310 07/22/2006 NEWCO DISTRIBUTORS, INC. Accounts Payable Check 322.02 106311 07/22/2006 OFFICE DEPOT INC. Accounts Payable Check 232.24 106312 07/22/2006 OROSZ ENGINEERING GROUP, INC. Accounts Payable Check 690.00 S106313 07/22/2006 OUTLET TOOL SUPPLY Accounts Payable Check 74.51 106315 07/22/2006 PACIFIC GAS AND ELECTRIC Accounts Payable Check 31,691.56 38 City of Atascadero Disbursement Listing For the Month of July 2006 Check Check Number Date Vendor Description Amount 106316 07/22/2006 PAVEMENT ENGINEERING, INC. Accounts Payable Check 858.75 106317 07/22/2006 KATHLEEN A. PENCE Accounts Payable Check 9,141.81 106318 07/22/2006 PERRY'S PARCEL&COURIER SVC Accounts Payable Check 141.91 106319 07/22/2006 FINANCE DEPARTMENT PETTY CASH Accounts Payable Check 209.91 106320 07/22/2006 PIERCE MANUFACTURING, INC. Accounts Payable Check 284.44 106321 07/22/2006 POOR RICHARD'S PRESS Accounts Payable Check 2,718.23 106322 07/22/2006 PRINT LOGIC, INC. Accounts Payable Check 70.00 106323 07/22/2006 PROCARE JANITORIAL SUPPLY Accounts Payable Check 210.69 106324 07/22/2006 QUILL CORPORATION Accounts Payable Check 102.48 106325 07/22/2006 R. BURKE CORPORATION Accounts Payable Check 14,045.41 106326 07/22/2006 RECOGNITION WORKS Accounts Payable Check 4.56 106327 07/22/2006 REDWOOD TOXICOLOGY LABORATORY Accounts Payable Check 30.00 106328 07/22/2006 STEVE ROMO Accounts Payable Check 51.00 106329 07/22/2006 RYAN STOLZ CONCRETE PUMPING Accounts Payable Check 220.00 106330 07/22/2006 SANTA MARIA TIRE, INC. Accounts Payable Check 15.45 106331 07/22/2006 SBC/MCI Accounts Payable Check 178.80 106332 07/22/2006 MICHELE SCHAMBER Accounts Payable Check 10.00 106333 07/22/2006 SCOTT O'BRIEN FIRE&SAFETY CO Accounts Payable Check 88.18 106334 07/22/2006 JOHN SIEMENS Accounts Payable Check 352.90 106335 07/22/2006 SIGN OUTLET Accounts Payable Check 164.38 106336 07/22/2006 SHANNON SIMS _ Accounts PayableCheck0.89 106337 07/22/2006 SMART AND FINAL Accounts Payable Check 123.56 106338 07/22/2006 DAVID L. SMAW Accounts Payable Check 34.00 106339 07/22/2006 SOUZA CONSTRUCTION INC. Accounts Payable Check 17,140.64 106340 07/22/2006 STAPLES CREDIT PLAN Accounts Payable Check 455.06 106341 07/22/2006 KURT W.STONE Accounts Payable Check 70.00 106342 07/22/2006 SUNLIGHT JANITORIAL Accounts Payable Check 1,402.50 106343 07/22/2006 SUPERIOR QUALITY COPIERS, INC. Accounts Payable Check 54.76 106344 07/22/2006 T-N-T PEST CONTROL Accounts Payable Check 88.00 106345 07/22/2006 TECHDEPOT Accounts Payable Check 624.72 106346 07/22/2006 THERMO BOND BUILDINGS Accounts Payable Check_ 42,990.00 106347 07/22/2006 TITAN INDUSTRIAL&SAFETY Accounts Payable Check 14.40 106348 07/22/2006 MARCIA TORGERSON Accounts Payable Check 109.76 106349 07/22/2006 UNION ASPHALT, INC. Accounts Payable Check 26,204.84 106350 07/22/2006 UNITED STAFFING ASSOCIATES Accounts Payable Check 2,680.000 39 City of Atascadero Disbursement Listing' For the Month of July 2006 Check Check umber Date Vendor Description Amount 106351 07/22/2006 UNIVERSAL SPECIALTIES,INC. Accounts Payable Check 202.26 106352 07/22/2006 UPS Accounts Payable Check 109.78 106353 07/22/2006 USA BLUE BOOK Accounts Payable Check 118.55 106354 07/22/2006 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 3,314.44 106355 07/22/2006 VALMONT STRUCTURES Accounts Payable Check 391.68 106356 07/22/2006 VAN GO PAINTING Accounts Payable Check 500.00 106357 07/22/2006 VERIZON WIRELESS Accounts Payable Check 739.54 106358 07/22/2006 WESTERN FARM SERVICE, INC. Accounts Payable Check 1,133.20 106359 07/22/2006 WESTERN JANITOR SUPPLY Accounts Payable Check 62.87 106360 07/22/2006 WHITLOCK&WEINBERGER TRANS. Accounts Payable Check 10,404.79 106361 07/22/2006 SUSAN M.WILLIAMS Accounts Payable Check 13.70 106362 07/25/2006 JAMES R. LEWIS Accounts Payable Check 70.00 106363 07/25/2006 WADE MCKINNEY Accounts Payable Check 70.00 106364 07/25/2006 BECKY J. PACAS Accounts Payable Check 70.00 106380 07/27/2006 A.C.S.O., Accounts Payable Check 1,000.00 . 106381 07/27/2006 ATASCADERO TRAFFIC WAY STORAGE Accounts Payable Check 647.00 106382 07/27/2006 SHERRY BAZZELL Accounts Payable Check 107.20 106383 07/27/2006 CALLIE FORD Accounts Payable Check 121.25 106384 07/27/2006 JACOB M. GEARHART Accounts Payable Check 80.00 106385 07/27/2006 MIKE GIL Accounts Payable Check 52.00 106386 07/27/2006 BRIAN J. HAMPTON Accounts Payable Check 34.00 106387 07/27/2006 CAMERON R. KING Accounts Payable Check 80.00 106388 07/27/2006 JON LUNSFORD Accounts Payable Check 40.00 106389 07/27/2006 DEBRA LUTSKE Accounts Payable Check 22.11 106390 07/27/2006 KERRY MARGASON Accounts Payable Check 30.00 106391 07/27/2006 WADE MCKINNEY Accounts Payable Check 400.61 106392 07/27/2006 STEVE ROMO Accounts Payable Check 51.00 106393 07/27/2006 SHANNON SIMS Accounts Payable Check 12.46 106394 07/27/2006 STATE WATER RESOURCES CONTROL Accounts Payable Check 1,185.00 106395 07/27/2006 MICHAEL STORNETTA Accounts Payable Check 155.00 106396 07/27/2006 VICKERS DRYWALL, INC.. Accounts Payable Check 275.00 106397 07/27/2006 ALL PLUMBING Accounts Payable Check 771.45 106398 07/27/2006 AT&T Accounts Payable Check 67.45 i106399 07/27/2006 CHEVRON Accounts Payable Check 1,387.72 106400 07/27/2006 DEPARTMENT OF WATER RESOURCES Accounts Payable Check 1,928.00 40 City of Atascadero Disbursement Listing For the Month of July 2006 Check Check . Number Date Vendor Description Amount 106401 07/27/2006 FIRST STRING SPORTS Accounts Payable Check 396.75 106402 07/27/2006 LANDSCAPES BY STACH Accounts Payable Check 615.00 106403 07/27/2006 PACIFIC GAS AND ELECTRIC Accounts Payable Check 4,419.98 106404 07/27/2006 PSOMAS Accounts Payable Check 23,563.26 106405 07/27/2006 SBC/MCI Accounts Payable Check 20.33 106406 07/27/2006 SHELL Accounts Payable Check 102.47 106407 07/27/2006 TESORO FLEET SERVICES Accounts Payable Check 1,485.82 106408 07/27/2006 UNITED STAFFING ASSOCIATES Accounts Payable Check 1,568.00 106409 07127/2006 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 4,255.73 106410 07/27/2006 VERIZON WIRELESS Accounts Payable Check 241.72 106411 07/27/2006 VICKERS DRYWALL, INC. Accounts Payable Check 1,000.00 106365 07/28/2006 ATASCADERO FIRE EMPLOYEE ASSN. Payroll Vendor Payment 665.00 106366 07/28/2006 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 20.00 106367 07/28/2006 ATASCADERO POLICE OFFICERS ASN Payroll Vendor Payment 582.42 106368 " 07/28/2006 AXA EQUITABLE Payroll Vendor Payment 371.15' 106369 07/28/2006 FAMILY SUPPORT DIVISION Payroll Vendor Payment 207.69 106370 07/28/2006 CITIPAC Payroll Vendor Payment 45.00, 106371 07/28/2006 HARTFORD LIFE INSURANCE Payroll Vendor Payment 12,855.75 106372 07/28/2006 ICMA RETIREMENT TRUST-401 Payroll Vendor Payment 275.96 106373 07/28/2006 ICMA RETIREMENT TRUST-457 Payroll Vendor Payment 1,273.03 106374 07/28/2006 KENNEDY CLUB FITNESS Payroll Vendor Payment 44.00 106375 -07/28/2006 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 1,068.18 106376 07/28/2006 PERS LONG TERM CARE PROGRAM Payroll Vendor Payment 16.19 106377 07/28/2006 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM Payroll Vendor Payment 74,948.02 106378 07/28/2006 SEIU LOCAL 620 Payroll Vendor Payment 782.76 106379 07/28/2006 UNITED WAY OF SLO COUNTY Payroll Vendor Payment 31.00 $ 1,665,916.93 i 41 ITEM NUMBER: A - 4 DATE: 09/12/06 Pais � is a Atascadero City Council June 2006 Staff Report - City Treasurer June 2006 Investment Report RECOMMENDATION: Council approve the City Treasurer's report for June 2006 REPORT IN BRIEF: Cash and Investments Checking $ 737,000 Money Market Accounts - Certificates of Deposit 8,111,317 Government Securities 9,374,830 LAIF 16,183,944 • Cash with Fiscal Agents 150,757 Cash in Banks at June 30, 2006 $ 34,557,848 Deposits in Transit 5,517 Outstanding Checks (612,681) Cash and Investments at June 30, 2006 $ 33,950,684 Investment Activity Securities Purchased: Purchase Date Description Type Cost Maturity Date 06/09/06 Federal Nat'l Mtg. Assn. gov't security $ 99,000 03/30/10 06/09/06 Federal Nat'l Mtg.Assn. gov't security 400,000 04/08/11 Securities Matured: None Securities Sold/Called Prior to Maturity: Transaction / Original Cost/ Gain/(Loss) Tran Date Description /Type Maturity Sale Price on Call Sold Carroll County Trust $ 99,000 $ 99,000 $ 06/07/06 certificate of deposit 11/7/07 • Sold Federal Home Loan Bank 400,000 400,000 - 06/07/06 government security 8/24/07 Other Reportable Activities: None Page 1 of 14 42 CITY OF ATASCADERO TREASURER'S REPORT CASH&INVESTMENTS ACTIVITY SUMMARY FOR THE MONTH OF JUNE 2006 CHECKING FISCAL ACCOUNT INVESTMENTS AGENT TOTALS Balance per Banks at June 1,2006 $ 1,1343366 $ 32,741,732 $ 150,196 $ 34,026,294 Receipts 2,616,553 163 561 2,617,277 Disbursements (2,085,723) - - (2,085,723) Transfers In from Redevelopment LAIF - - Transfers In 1,360,804 2,289,000 3,649,804 Transfers Out (2,289,000) (1,360,804) - (3,649,804) Balance per Banks at June 30,2006 $ 737,000 $ 33,670,091 $ 150,757 34,557,848 • Deposits in Transit 5,517 Outstanding Checks (612,681) Adjusted Treasurer's Balance $ 33,950,684 43 Page 2 of 14 D h N m rn m v N rn v rn N o` °° °= W ` N °� O� v� M r •�•� p rn rn rn ol rn rn oc o, rn of N M O O O .�. 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June 2006 4.39% 4.06% 55 Page 14 of 14 ITEM NUMBER: A- 5 DATE: 09/12/06 .r. a a n Atascadero City Counci► Staff Report - Public Works Department Final Map 2005-0105 (Parcel Map AT 04-0214) 7930 Santa Ysabel Ave. (TPM 2004-0062) (Mumford) RECOMMENDATIONS: Council• 1. Accept Parcel Map AT 40-0214; and, .2. Reject, without prejudice to future acceptance, the offers of dedication for Public Utility Easement. • DISCUSSION: Tentative Parcel Map AT-0214 was approved by the Planning Commission on September 21,_ 2004. The approved Tentative map proposed establishing three airspace units on one common lot. Pursuant to California Government Code Section 66477.1(a) at the time the legislative body (Planning Commission) approves a parcel map, the legislative body shall also accept, accept subject to improvement, or reject any offer of dedication. Staff has-determined that the Parcel Map is consistent with approved Tentative Parcel Map. FISCAL IMPACT: None ATTACHMENTS: • Exhibit A: Parcel Map AT 40-0214 56 ITEM NUMBER: A-5 DATE: 09/12/06 • Exhibit A Final Map 2005-0105 (Tract 2415) 7930 Santa Ysabel Road Micah and Lisa Mumford Q ��N g333 \\ U Ute. �o yg M t It �,oo Il..+erg,�,�so r .. • D 1 - 00 W _. LE � E � b�._. ....rte • �. �, uj E g E++ gl� W ; A \' W. �.. m . 1C QI a % COV1 3 w J v 6 a OD o� I4 4] 1 "y_ O li LCL to P V "10""' F� - • s"" 57 ITEM NUMBER: A-6 DATE: 09/12/06 JIM 1 11 ■ n 1979i Atascadero City Council Staff Report - Public Works Department Final Map 2006-0133 (Tract 2793) 7665 (etc.) Navajoa Ave. (TTM 2005-0080) (Otis) RECOMMENDATIONS: Council: 1. Accept Final Map 2006-0133, Tract 2793; and, 2. Reject, without prejudice to future acceptance, the offers of dedication for Public Utility Easement and easement to Atascadero Mutual Water Company. DISCUSSION: Tentative Tract 2793 was approved by the Planning Commission on February 7, 2006. The approved tentative map proposed establishing four airspace'units on one common lot. - Pursuant to California Government Code Section 66477.1(a) at the time the legislative body (Planning Commission) approves a final map, the legislative body shall also accept, accept subject to improvement, or reject any offer of dedication. Staff has determined that the Final Map is consistent with approved Tentative Tract Map. FISCAL IMPACT: None ATTACHMENTS: " Exhibit A: Parcel Map AT 40-0214 58 ITEM NUMBER: A- 6 DATE: 09/12/06 Exhibit A Final Map 2006-0133(Tract 2793) . 7665,7675,7685,and 7695 Navajoa Avenue Terry Otis . ' $ y SW ;t el a , i s eeG.asY �■� ��� �".s ti 6 � $ v a � asasa ' ti, 0 9 9 I : �., • �rY i� wA1Y Y 1l./I Y Egli •-t e I Ph Ir10H Y R - Smti-si5 I I I •Y.Y _� ,y GAG 4! ° < waw.• €as55Y a W s• Amm IZ 4p's si ' v Si • _�n30•ii•L Ir AVE rnYs _ 59 ITEM NUMBER: A-7 DATE: 09/12/06 n 191 � 19 B Atascadero City Council Staff Report - Public Works Department Charles Paddock Zoo Utility Corridor Project (City Bid No. 2006-010) RECOMMENDATION: Council authorize the City Manager to execute an agreement with A-Jay Excavating, Inc. in the amount of $182,784.00 for construction of the Charles Paddock Zoo Utility Corridor Project. DISCUSSION: • Background: The 5.88 acre Charles Paddock Zoo located at 9305 Pismo Avenue, Atascadero, California and is home to approximately 120 individual species of animals, housed in over 30 exhibits. Many of the Zoo facilities, including the utility infrastructure, are aging, deteriorating and in need of significant renovation or replacement. The existing utilities system and site drainage are also inadequate for future expansion of the Zoo. In 1998, California voters approved Proposition 12, which included funding for the Dr. Paul Chaffee Zoological- Zoos and Aquarium Facilities Grant program. This program allocated $272,050 to all qualified and accredited Zoos and Aquariums in the state, including the Charles Paddock Zoo. Previously, the Atascadero City Council approved a resolution, authorized the City Manager to enter into an agreement with the State of California for the allocation and use of these grant funds. The grant funds are available for use on infrastructure improvements and repairs only. City staff determined that the greatest need at the Zoo for the grant funds was to begin a project to update and improve the utility infrastructure. Analysis: The goal of this proposed renovation project is to renovate or replace existing utilities such as water, wastewater, electrical power and site drainage to better accommodate current and future utility needs. The project will include the preparation of design plans and construction documents necessary for the project and complete the actual construction of new or renovated potable water lines, wastewater drains and sewer lines, electrical panels and distribution system, natural gas lines and site drainage infrastructure such as curbs, gutters, drain inlets and oil/grease separators. This Capital Improvement Project will allow for the first phase of the implantation of the Charles Paddock Zoo Master Plan. 60 ITEM°NUMBER: A-7 DATE: 09/12/06 On August 2, 2006, bids were advertised and distributed for the Charles Paddock Zoo Utility Corridor Project. Four (4) bids were received and publicly opened on August 31, 2006 at 2:00 p.m. A-Jay Excavating, Inc. submitted the lowest bid in the amount of $182,784.00. The Engineer's Estimate for this project was $175,000 to $200,000. Conclusion: A-Jay Excavating, Inc. is the successful low qualified bidder. Staff recommends that the City Council award the project to A-Jay Excavating, Inc., and authorize the City Manager to enter into an agreement for Charles Paddock Zoo Utility Corridor Project. FISCAL IMPACT: EXPENDITURES Design $ 66,150 Construction $183,000 Contingency 22,900 TOTAL PROJECT EXPENDITURES $272,050 • REVENUES Proposition 40 State Grant Funds $272,050 TOTAL PROJECT REVENUES $272,050 ALTERNATIVES: 1. Do not Award Contract ATTACHMENT: 1. Bid Summary 61 ITEM NUMBER: A-7 DATE: 09/12/06 City of Atascadero Office of the City Clerk BID SUMMARY TO: Public Works Department FROM: Marcia McClure Togerson, C.M.C., City Clerk BID NO.: 2006-010 OPENED: August 31, 2006 PROJECT: Charles Paddock Zoo Utility Corridor Project ( 4 ) bids were received and opened today, as follows: Bidder Amount A-Jay Excavating, Inc. $ 182,784.00 4990 Traffic Way Atascadero, CA 93422 Raminha Construction Inc. $ 198,728.00 6805 Sycamore Road Atascadero, CA 93422 MGE Underground Inca $ 234,401.00 P.O. Box 4189 Paso Robles, CA 93447 Wysong Construction $ 396,626.00 8720-B EI Camino Real Atascadero, CA 93422 62 ITEM NUMBER: A-8 DATE: 09/12/06 1918 1976 `,ATAsrAn�►// Atascadero City Council Staff Report-Public Works Department San Marcos Road Acceptance Into City Maintained Road System RECOMMENDATION: Council approve the Draft Resolution accepting San Marcos Road from the intersection of Los Altos Road to 12170 San Marcos Road (approximately 5120 feet) into the City . Maintained Road System. DISCUSSION: Background: The .3-F Meadows Project is a 113 lot 'residential development on the Westside of Atascadero. This project uses Sart Marcos and Los Altos Roads as one of the primary access routes for construction vehicles and future residences. The project impacts were addressed in a December 1994 Environmental Impact Report (EIR) and the conditions of development were established in the City Municipal Code (Municipal Code) section 9-3.656 "Establishment of Planned Development Overlay Zone No. 11 (PD-11). Analysis: This staff report addresses the acceptance of the off-site portion of San Marco Road from the project boundary to Los Altos Road into the City Maintained Road System. Listed below are excerpts from the EIR and PD-11 dealing with this issue. EIR The requirements for road improvements are discussed in section D "Traffic Safety" of the EIR. Specific mitigation measures are listed on pages IV-D3 and IV-D5 as follows: San Marcos Road shall be upgraded to "previously constructed standards" and accepted by the City for maintenance prior to the construction of the project roads. The mitigation measures for San Marcos Road are summarized on page 11-6 of the EIR as follows: 64 • Repair/reconstruct San Marcos Road to level acceptable to City Engineer prior to construction of any on-site roads. (City to accept as City-maintained street.) PD-11 The conditions of development for San Marcos Road are listed in the Atascadero Municipal Code PD-11 page 382 as follows: • San Marcos Road between Los Altos Road_ and the project boundary shall be improved preparatory to acceptance of this portion of road into the City maintained system. • The applicant shall enter into a maintenance agreement with the City for the portion of San Marcos Road between Los Altos Road and the project boundary. The agreement shall guarantee that damage to the road which results from construction traffic generated by the development of the project is properly repaired. The agreement shall be reviewed and approved by the City Engineer and the City Attorney. The agreement shall remain in-force throughout construction of Phase 1 and Phase 2 of the project. The above items have been completed as follows: San Marcos Road has been improved with curve widening and asphalt repairs in 2001/2002. • ✓ The City and the developer have entered into a maintenance agreement and bonds have been placed to guarantee the work. ✓ The developer has just completed the latest round of repairs to road damage. Conclusion: Based on the EIR, PD-11 and the improvements installed by the developer the City should proceed with acceptance of this section of San Marcos Road into the City Maintained Road System. FISCAL IMPACT: There will be.additional costs to the City if the City Council accepts San Marcos Road for maintenance. ATTACHMENTS: Draft Resolution 65 DRAFT RESOLUTION RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA,ACCEPTING A PORTION OF SAN MARCOS ROAD INTO THE CITY MAINTAINED ROAD SYSTEM WHEREAS, Section 9-3.656 "Establishment of Planned Development Overlay Zone No. 11 (PD 11)" of the Atascadero Municipal Code established conditions of development for the overlay zone; and WHEREAS, access to PD 11 is taken from Los Altos Road and San Marcos Road; and WHEREAS, Section 9-3.656 (c) (3) (iii) of the Atascadero Municipal Code states that "San Marcos Road between Los Altos Road and the project boundary shall be improved preparatory to acceptance of this portion of road into the City maintained system"; and WHEREAS, these improvements have been completed; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascaddro, pursuant to the provisions of Section 1806 of the California Streets and Highways Code, that the portion of San Marcos Road from the intersection of Los Altos Road to 12170 San Marcos Road (approximately 5120 feet) is hereby accepted into the City Maintained Road System. (Refer to Exhibit 1) On motion by Council Member and seconded by Council Member the Resolution is hereby adopted in its entirety on the following roll call vote: AYES NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO Marcia McClure Torgerson, C.M.C. Tom O'Malley, Mayor City Clerk APPROVED AS TO FORM: Patrick L. Enright City Attorney 66 nqi i9 rnarc Rn 'cepaan�_. i 'i IL RoePtance Y SAN MARCOS ROAD � ACCEPTANCE EXHIBIT #1 � � ITEM NUMBER: _A-9 DATE: 09/12/06 �i FBI A• 0 n is Atascadero City Council Staff Report - Public Works Department Temporary Road Closure Calvary Chapel of Atascadero RECOMMENDATION: Council approve a request by Calvary Chapel of,Atascadero for the closure of Palma Avenue from East Mall to West Mall during an event in the Sunken Gardens on September 22, 2006. DISCUSSION: • The Community Services Department has approved rental of the Sunken Gardens for a special event on Saturday, September 22, 2006. The applicant is requesting the closure of this section of Palma Avenue to allow for activities related to this event. Closure of this section of Palma will have minimum impact to traffic circulation. FISCAL IMPACT: $160.00 per event for the installation of Road Closed signs by Public Works Staff. ATTACHMENTS: Road Closure Map • 68 ITEM NUMBER: A-9 DATE: 09/12/06 ROAD CLos SCE i REQUEST FOR ROAD CLOSURE PALMA AVENUE FROM EAST TO WEST MALL SATURDAY, SEPTEMBER 22, 2006 69 ITEM NUMBER: A- 10 DATE: 09/12/06 rt XM ■ 1 791 8 Atascadero City Council Staff Report - Public Works Department Temporary Road Closure Colony Days Parade Route RECOMMENDATIONS: Council approve Draft Resolution authorizing the following road closures for the annual Colony Days Parade and related events: • EI Camino Real from Curbaril to Traffic Way, West Mall from ECR to Lewis-Ave., Entrada Ave. from ECR to Lewis Ave., San Luis Ave. from Curbaril to Pueblo Ave., and Pueblo Ave. from San Luis Ave. to ECR on Saturday October 21, 2006 from 8:30 a.m. until 1:00 p.m.; 0 • Palma Avenue from East Mall to West Mall from 6:00 a.m. Friday October_ 20, 2006 to noon Monday October 23, 2006; • East Mall from EI Camino Real to Palma on Saturday October 21, 2006 at 6:00 a.m. to Sunday October 22, 2006 at 5:00 p.m. DISCUSSION: On Saturday, October 21, 2006, staff is proposing to close EI Camino Real from Curbaril to Traffic Way from 8:30 a.m. until 1:00 p.m. to conduct the annual Colony Days Parade. Additional road closures listed above are required for parade staging and events related to the Parade. The Colony Days Parade is coordinated by the Colony Days Committee. The route for this year's Colony Days Parade is proposed to begin at Curbaril and end at Traffic Way. Festivities following the parade will be centered around the Sunken Gardens and "Tent City" located on and around the Atascadero Creek Reservation. Palma Avenue and East Mall will serve as a staging area for several events and vendor booths. East Mall is proposed for. closure on both Saturday and Sunday, as it is the connecting,,link between Sunken Gardens and Tent City. FISCAL IMPACT: Staff time required for traffic control and clean-u related to this event. q P ATTACHMENTS: Draft Resolution 70 DRAFT RESOLUTION A.RESOLUTION.OF THE CITY COUNCIL OF THE CITYOFATASCADER05 CALIFORNIA CREATING A TEMPORARY COLONY DAYS PARADE ROUTE BE IT RESOLVED by the City Council of the City of Atascadero that the Colony Days Parade route is hereby established as El Camino Real from Curbaril to Entrada Avenue; San Luis Avenue from Curbaril to Pueblo;Pueblo from San Luis Avenue to El Camino Real; El Camino Real to Entrada Ave. and Entrada to Lewis Ave.' and the Colony Day Festivities will be centered around the Sunken Garden. BE IT FURTHER RESOLVED 1. That in order to provide a reserved route for the parade and the area described above is designated as a tow-away zone from the period of 8:30 a.m. until 1:00 p.m., October 21, 2006;and 2. That Palma from East Mall to West Mall from 6:00 a.m. Friday October 20, 2006 to noon Monday October 23, 2006 is designated as a tow-away zone; and 3. That West Mall from El Camino Real to Palma on Saturday October 21, 2006 from 8:00 a.m.to 5:00 p.m. is designated as a tow-away zone; and 4. East Mall from El Camino Real to Palma on Saturday, October 21, 2006 at 6:00 a.m. to Sunday October 22, 2006 at 5:00 p.m. is designated as a tow-away zone. PASSED AND ADOPTED at the regular meeting of the City Council of the City of Atascadero held on the 12th of September,2006. ATTEST: CITY OF ATASCADERO Marcia McClure Torgerson, C.M.C. Tom O'Malley,Mayor City Clerk APPROVED AS TO FORM: Patrick L. Enright City Attorney 71 ITEM NUMBER: A- 11 DATE: 09/12/06 Atascadero City Council Staff Report - Public Works Department Land Surveying Services RECOMMENDATION: Council authorize City Manager to enter into two additional ongoing contracts for contract land surveying services with firms on the "Land Surveying Services Qualified Firm List." DISCUSSION: On December 13 2005 the City Council approved the Land Surveying Qualified Firm List. The Land Surveying Qualified firm List currently includes seven local surveying firms. The City typically contracts with surveying firms for construction staking, boundary surveys, legal descriptions, topographic surveys, map checking and other related surveying 'services. City staff is recommendingthe inclusion of two additional firms that meet listing requirements. The firms consist of Cannon Associates and JoAnn Head, Professional Land Surveyor. Cannon Associates is an engineering and surveying firm location in San Luis Obispo. Cannon Associates has worked on various City Capital Improvement Projects including the La Linea Paving Project and Atascadero Creek Sewer Siphon. Both Projects required surveying services and were contracted separately. JoAnn Head is an independent land surveyor who is currently performing map checking services for the City's Public Works Department. Contracting for land surveying services, from an established list, is allowed in Section V of the City Purchasing Policy as an ongoing professional service. This allows the City to hire land surveyors for funded capital projects as needed. The City has several 'capital projects planned and funded for fiscal years 2005-2007 which will require construction survey services. 72 ITEM NUMBER: A- 11 DATE: 09/12/06 FISCAL IMPACT: The costs of land surveying services are billed directly to the capital project accounts. ATTACHMENT: Attachment "A Land Surveying Services Qualified Firm List 73 ITEM NUMBER: A- 11 DATE: 09/12/06 Attachment "A" CITY OF ATASC ADERO LAND SURVEYING SERVICES - QUALIFIED FIRMS LIST December 2005 EDA Triad/Holmes Associates P.O. Box 1829 Chorro Street, Suite A San Luis Obispo, CA 93406 San Luis Obispo, CA 93405 Ph: 549-8658 Ph: 544-8908 Fx: 549-8704 Fx: 544-8932 EMK & Associates Vaughan Surveys, Inc. 1005 Railroad 1101 Riverside Avenue Paso Robles, CA 93446 Paso Robles, CA 93446 Ph: 238-5427 Ph: 238-5725 Fx: 238-5835 Geo West 5225 Traffic Way, Suite 104 Wilson Land Surveys Atascadero, CA 93422 7600 Morro Road Ph: 461-5560 Atascadero, CA 93422 Fx: 461-5562 Ph: 466-2445 Fx: 466-0812 North Coast Engineering 725 Creston Road, Suite B JoAnn Head, PLS Paso Robles, CA 93446 P.O. Box 887 Ph: 239-3127 Santa Margarita, CA 93453 Fx: 239-0758 Ph: 674-4172 Fx: 438-4842 Cannon Associates 364 Pacific Street San Luis Obispo, CA 93401 (805) 544-7407 (805) 544-3863 74 ITEM NUMBER:. A-12 DATE: 09/12/06 1918 i 1 78 8 �AfAS�EBp/ Atascadero City Council Staff Report Community Development Department Consideration of a Construction and Demolition Debris (C&D) Ordinance Title 8: Local Building Ordinance RECOMMENDATION: Council adopt on second reading, by title only, the Draft Ordinance A adding Chapter 13 to Title 8 of the Atascadero Municipal Code, requiring the mandatory recycling of construction and demolition debris. • DISCUSSION: This proposed ordinance would require construction projects with a valuation of $100,000 or more, and demolition projects over 1000 sq ft to recycle a minimum of 50% of their construction and demolition debris. Methods of compliance would be: 1. Transport all construction and/or demolition debris to approved recycling facility or use an approved roll-off company to dispose of the construction and demolition debris 2. Or separate construction and/or demolition debris on site, and recycle at least 50% of the construction waste 'and/or demolition debris at separate recycling facilities. Applicants will be required to provide a construction and demolition plan on a form provided by the City at the time of application, and demonstrate compliance by providing recycling and/or landfill receipts prior to the projects final inspection. The City Council held a Public Hearing on August 8, 2006 to consider the proposed Ordinance for first reading. 76 . ITEM NUMBER: A-12 DATE: 09/12/06 FISCAL IMPACT: There will be additional staff time necessary to review recycling plans and determine compliance. Staff thinks that the additional time required 'by the program can be absorbed by existing staff provided that there is a high level of voluntary compliance. However, if the program demands significant staff resources, cost recovery may need to be revisited in the future. ATTACHMENTS: Attachment 1: Draft Ordinance A i 77 ITEM NUMBER: A-12 DATE: 09/12/06 Attachment 1: Draft Ordinance DRAFT ORDINANCE A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, ADDING CHAPTER 13 TO TITLE 8 OF THE CITY OF ATASCADERO'S MUNICIPAL CODE REQUIRING A MANDATORY CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING PROGRAM. The City Council hereby finds and declares as follows: WHEREAS, AB 939 (California Integrated Waste Management Act) requires that each local jurisdiction in the State divert 50% of discarded materials (base year 1990, state methodology)from landfills by December 31, 2000; and WHEREAS, every city and county in California could face fines up to $10,000 a day for not meeting the above mandated goal; and • WHEREAS reusing recycling cling Construction and Demolition (C&D) debris is Y essential to further the City's efforts to reduce waste and comply with AB 939 goals; and WHEREAS, it is feasible to divert an average of at least fifty (50) percent of all C&D debris from construction,demolition, and renovation projects, except in unusual circumstances; and WHEREAS, to ensure compliance with this Article and to ensure that those contractors that comply with this Article are not placed at a competitive disadvantage, it is necessary to impose a civil penalty for noncompliance of this Article. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. Title 8 of the Atascadero Municipal Code is amended to add Chapter 13 as follows: Sections: 8-13.101 DEFINITIONS 8-13.102 THRESHOLD FOR COVERED PROJECTS 8-13.103 SUBMISSION OF RECYCLING PLAN 8-13.104 REVIEW OF RECYCLING PLAN 8-13.105 COMPLIANCE WITH RECYCLING PLAN 78 ITEM NUMBER: A- 12 DATE: 09/12/06 8-13.106 INFEASIBLE EXEMPTION 8-13.107 APPEALS 8-13.108 CIVIL PENALTIES 8-13.101 DEFINITIONS (a) "Applicant" means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the City for the applicable permits to undertake any construction, demolition, or renovation project within the City, unless otherwise specifically exempted by law. (b) "Compliance Official" means the Chief Building Official or his/her designee. (c) "Construction" means the building of any structure or any portion thereof including any tenant improvements to an existing facility or structure. (d) "Construction and Demolition Debris" means used or discarded materials removed from premises during construction or renovation of a structure resulting from construction, remodeling,repair, or demolition operations on any pavement, house, commercial building, or other structure. (e) "Conversion Rate" means the rate set forth in the standardized Conversion Rate Table approved by the City pursuant to this Article for use in estimating the volume or weight of materials identified in a RECYCLING PLAN. (f) "Covered Project" shall have the meaning set forth in 8-13.102 (A) of this Article. (g) "Deconstruction" means the systematic removal of usage items from a structure. (h) "Demolition" means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior. (i) "Divert"means to use material for any purpose other than disposal in a landfill_ (j) "Diversion Requirement" means the diversion of at least fifty (50) percent by weight of the total Construction and Demolition Debris generated by a Project via reuse or recycling, unless the Applicant has been granted an Infeasible Exemption pursuant to 8-13.106 of this Ordinance, in which case the Diversion Requirement shall be the maximum feasible diversion rate established by the RECYCLING PLAN Compliance Official for the Project. , (k) "Non-covered Project" shall have the meaning set forth in 8-13.102 (C) of this Article. (1) "Project" means any activity which requires an application for building or demolition permit or any similar permit from the City. (m) "Renovation" means any change, addition, or modification in an existing structure. 79 ITEM NUMBER: A- 12 DATE: 09/12/06 . (n) "Reuse" means further or repeated use of Construction or Demolition Debris. (o) "Salvage" means the controlled removal of Construction or Demolition Debris from a permitted building or demolition sitefor the purpose of recycling, reuse or storage for later recycling or reuse. (p) "RECYCLING PLAN" means a completed RECYCLING PLAN form, approved by the City for the purpose of compliance with this Article, submitted by the Applicant for any Covered or Non-covered Project. 8-13.102 THRESHOLD FOR COVERED PROJECTS (a) Covered Projects: All construction and renovation projects within the City, the valuation of which are, or are projected to be, greater than or equal to $100,000.00 (`Covered Projects'), shall comply with this Ordinance. The cost of the project shall be the valuation ascribed to the project by the Building Official. In addition, all demolition projects having a total footage of more than 1,000 square feet shall be a Covered Project. Failure to comply with any of the terms of this Ordinance shall subject the Project Applicant to the full range of enforcement mechanisms set forth in 8-13.105 (c) (3) and 8-13.106 below. (b) City-Sponsored Proiects: All City-sponsored construction and renovation projects . within the City, the costs of which are, or are projected to be, greater than or equal to $100,000.00 (`Covered Projects') shall comply with the ordinance. The cost of the project shall be the valuation attributed to the permit issued by the Building Official. In addition, all demolition projects having a total square footage of more than 1,000 shall be a Covered Project. These City-sponsored Covered Projects shall submit a RECYCLING PLAN to the Compliance Official prior to beginning any construction or demolition activities and shall be subject to all applicable provisions of Ordinance with the exception of 8-13.105 (c) (3). (c) Non-covered Projects: Applicants for construction, demolition, and renovation projects within the City whose permit valuations are less than $100,000.00 (`Non-covered Projects') shall be encouraged to divert at least fifty (50) percent of all project-related construction and demolition debris. (d) Compliance as a Condition of Approval: Compliance with the provisions of this Ordinance shall be listed as a condition of approval on any building or demolition permit issued for a Covered Project. 8-13.103 SUBMISSION OF RECYCLING PLAN (a) Recycling Plan Forms: Applicants for building or demolition permits involving any Covered Project shall complete and submit a RECYCLING PLAN on a RECYCLING PLAN form approved by the City for this purpose as part of the application packet for the building or demolition permit. The completed RECYCLING PLAN shall indicate all of the following: 80 ITEM NUMBER: A-12 DATE: 09/12/06 (l) The estimated volume or weight of project Construction and Demolition debris, by materials type, to be generated; (2) The maximum volume or weight of such materials that can feasibly be diverted via reuse or recycling; (3) The vendor or facility that the Applicant proposes to use to collect or receive that material; and (4) The estimated volume or weight of Construction and Demolition debris that will be landfilled. (b) Calculating Volume and Weight of Debris: In estimating the volume or weight of materials identified in the RECYCLING PLAN, the Applicant shall use the standardized Conversion Rates approved by the City for this purpose. (c) Deconstruction: In preparing the RECYCLING PLAN, applicants for building or demolition permits involving the removal of all or part of an existing structure shall deconstruct, to the maximum extent feasible, and shall make the materials generated thereby available for salvage. 8-13.104 REVIEW OF RECYCLING PLAN (a) Approval: Notwithstanding any other provision of this Code, no building or demolition permit shall be issued for any Covered Project unless and until the RECYCLING PLAN Compliance Official has approved the RECYCLING PLAN. Approval shall not be required, however, where an emergency demolition is required to protect the public health, welfare or safety as determined by the Chief Building Official The RECYCLING PLAN compliance Official shall only approve a RECYCLING PLAN if he or she first determines that all of the following conditions have been met: (1) The RECYCLING PLAN provides all of the information set forth in 8-13.103 (a) of this Ordinance; and (2) The RECYCLING PLAN indicates that at least fifty (50) percent by weight of all Construction and Demolition debris generated by the Project will be diverted. (3) If the RECYCLING PLAN Compliance Official determines that these conditions have been met, he or she shall mark the RECYCLING PLAN `Approved', return a copy of the RECYCLING PLAN to the Applicant, and notify the Building Department that the RECYCLING PLAN has been approved. (b) Non-approval: If the RECYCLING PLAN Compliance Official determines that the RECYCLING PLAN is incomplete or fails to indicate that at least fifty (50) percent by weight of all Construction and Demolition debris generated by the Project will be reused or recycled, he or she shall either: 81 ITEM NUMBER: A-12 DATE: 09/12/06 (1) Return the RECYCLING PLAN to the Applicant marked `Denied', including a statement of reasons, and so notify the Building Department; or (2) Return the RECYCLING PLAN to the Applicant marked `Further Explanation Required'. 8-13.105 COMPLIANCE WITH RECYCLING PLAN (a) Documentation: Prior to receiving a Certificate of Occupancy for the project, the Applicant shall submit to the RECYCLING PLAN Compliance Official documentation that the Diversion Requirement for the Project has been met. The Diversion Requirement shall be that the Applicant has diverted at least fifty (50) percent of the total Construction and Demolition debris generated by the Project via reuse or recycling, unless the Applicant has been granted an Infeasible Exemption pursuant to 8-13.106 of this Ordinance, in which case the Diversion Requirement shall be the maximum feasible diversion rate established by the RECYCLING PLAN Compliance Official for the Project. This documentation shall include all of the following: (1) Receipts from the vendor or facility which collected or received each material showing the actual weight or volume of that material; (2) A copy of the previously approved RECYCLING PLAN for the Project adding the actual volume or weight of each material diverted and landfilled; 3 An additional information the Applicant believes is relevant to determining its efforts to ( ) Y PP g comply in good faith with this Ordinance. (b) Weighing of Wastes: Applicants shall make reasonable efforts to ensure that all Construction and Demolition debris diverted or landfilled are measured and recorded using the most accurate method of measurement available. To the extent practical, all Construction and Demolition debris shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For Construction and Demolition debris for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the Applicant shall use the standardized Conversion Rates approved by the City for this purpose. (c) Determination of Compliance: The RECYCLING PLAN Compliance Official shall review the information submitted under 8-13.105 (a) and determine whether the Applicant has complied with the Diversion Requirement, as follows: (1) Full Compliance: If the RECYCLING PLAN Compliance Official determines that the Applicant has fully complied with the Diversion Requirements applicable to the Project, he or she shall approve the RECYCLING PLAN and inform the Building Division that a Certificate of Occupancy can be issued. (2) Substantial Compliance: If the RECYCLING PLAN Compliance Official determines that the Diversion Requirement has not been achieved, he or she shall determine on a case-by-case basis whether the Applicant has made a good faith effort and is in substantial compliance with 82 ITEM NUMBER: A- 12 DATE: 09/12/06 this Ordinance. In making this determination, the RECYCLING PLAN Compliance Official shall consider the availability of markets for the Construction and Demolition debris landfilled, the size of the Project, and the documented efforts of the Applicant to divert Construction and Demolition debris. If the RECYCLING PLAN Compliance Official determines that the Applicant has made a good faith effort to comply with this Ordinance and is in substantial compliance, he or she shall approve the RECYCLING PLAN and inform the Building Division that a Certificate of Occupancy can be issued. (3) Noncompliance: If the RECYCLING PLAN Compliance Official determines that the Applicant isnot in substantial compliance with this ordinance, or if the Applicant fails to submit the documentation required by 8-13.105 (a), then the applicant shall pay a civil penalty as prescribed in 8-13.108. (d) Falsification of Records: If the Applicant deliberately provides false or misleading data to the City in violation of this Ordinance, the Applicant may be subject to penalties in addition to those specified in 8-13.108. In any civil enforcement action, administrative or judicial, the City shall be entitled to recover its attorneys' fees and costs from an Applicant who is determined by a court of competent jurisdiction to have violated this Ordinance. (e) Final Approval: All conditions of this Ordinance shall be met prior to final approval by the Building Division. 8-13.106 INFEASIBLE EXEMPTION (a) Application: If an Applicant for a Covered Project experiences unique circumstances that the Applicant believes make it infeasible to comply with the Diversion Requirement, the Applicant may apply for an exemption at the time that he or she submits the RECYCLING PLAN required under 8-13.103 (a) of this Ordinance. The Applicant shall indicate on the RECYCLING PLAN the maximum rate of diversion he or she believes is feasible for each material and the specific circumstances that he or she believes make it infeasible to comply with the Diversion Requirement. (b) Meeting with Recycling Plan Compliance Official: The RECYCLING PLAN Compliance Official shall review the information supplied by the Applicant and may meet with the Applicant to discuss possible ways of meeting the Diversion Requirement. The RECYCLING PLAN Compliance Official may request that staff from the San Luis Obispo County Integrated Waste Management Authority or designee attend this meeting or may require the Applicant to request a separate meeting with San Luis Obispo County Integrated Waste Management Authority staff. Based on the information supplied by the Applicant and, if applicable, San Luis Obispo County Integrated Waste Management Authority staff or designee, the RECYCLING PLAN Compliance Official shall determine whether it is possible for the Applicant to meet the Diversion Requirement. (c) Granting of Exemption: If the RECYCLING PLAN Compliance Official determines that it is infeasible for the Applicant to meet the Diversion Requirement due to unique circumstances, he or she shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the RECYCLING PLAN submitted by the Applicant. The 83 ITEM NUMBER: A- 12 DATE: 09/12/06 RECYCLING PLAN Compliance Official shall return a copy of the RECYCLING PLAN to the Applicant marked `Approved for Infeasible Exemption' and shall notify the Building Division that the RECYCLING PLAN has been approved. (d) Denial of Exemption: If the RECYCLING PLAN Compliance Official determines that it is possible for the Applicant to meet the Diversion Requirement, he or she shall so inform the Applicant in writing. The Applicant shall have 30 days to resubmit a RECYCLING PLAN form in full compliance with 8-13.103 (a) of this Ordinance. If the Applicant fails to resubmit the RECYCLING PLAN, or if the resubmitted RECYCLING PLAN does not comply with 8-13.103 (a) of this Ordinance, the RECYCLING PLAN Compliance Official shall deny the RECYCLING PLAN in accordance with 8-13.104 (b)of this Ordinance. 8-13.107 APPEALS (a) Contents of Appeals: An appeal of the Recycling Plan Compliance Official decision may be made to the Community Development Director in writing not longer than ten (10) days after the Compliance Official's decision. The decision of the Utilities Director shall be final. The appellant must specifically state in the notice of appeal`. (1) The name and address of the appellant and appellant's interest in the decision; (2) The nature of the decision appealed from and/or the conditions appealed from; 3 A clear, complete, but brief statement of the reasons wh in the opinion of the appellant, ( ) P � y, P the decision or the conditions imposed were unjustified or inappropriate; and (4) The specific facts of the matter in sufficient detail to notify the City. The appeal shall not be stated in generalities. (b) Acceptance of Appeal: An appeal shall not be accepted by the Community Development Director unless it is complete. 8-13.108 CIVIL PENALTIES (a) Civil Penalty: If the RECYCLING PLAN Compliance Official, or on upon appeal, the Community Development Director determines that an Applicant is in noncompliance as described in 8-13.105 (C) (3), the Applicant shall pay a civil penalty in the amount calculated as two (2) percent of the total Project valuation. Until the civil penalty is paid, a Certificate of Occupancy may be withheld by the Building Division. (b) Enforcement: The City Attorney is authorized to bring a civil action in any court of competent jurisdiction to recover such civil penalties for the City of Atascadero. 84 ITEM NUMBER: A- 12 DATE: 09/12/06 SECTION 2. SEVERABILITY If any subdivision, paragraph, sentence, clause, or phrase of the this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the remaining portions of this ordinance,or any other provisions of the City's rules and regulations. It is the City's express intent that each remaining portion would have been adopted irrespective of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable. SECTION 3. A summary of this ordinance, approved by the City Attorney, together with the names of the Council members voting for and against it, shall be published at least five days prior to its final passage, in the Tribune, a newspaper published and circulated in this City. This ordinance will go into effect at the expiration of thirty (30) days after its final passage. Introduced on the day of 2005 AND ADOPTED by the Council of the City of Atascadero on the day of 2006, on the following roll call vote: AYES NOES: ABSENT: ATTEST: CITY OF ATASCADERO Marcia McClure Torgerson,C.M.C., Tom O'Malley,Mayor City Clerk APPROVED AS TO FORM: Patrick L. Enright, City Attorney 85 ITEM NUMBER: A- 13 DATE: 09/12/06 n ■ ■■ ■ ■ 1918 � 1978 _ Atascadero City Council Staff Report - Community Development Department San Andres Planned Development #25: ZCH 2005-0097 (Barre) (Approval of Zone Change that would allow a 5-unit residential planned development in a currently developed site with a single-family residence that has been identified as a Colony Home.) RECOMMENDATION Council adopt on second reading, by title only, Draft Ordinance A approving Zone *Change 2005-0097 based on findings. • DISCUSSION: The proposed project consists of a Zone Map Amendment to establish a Planned Development Overlay Zone #25 on the subject site with a corresponding Master Plan of Development (CUP) and vesting Tentative Tract Map that would allow a 5-unit residential planned development. The project site is currently developed with a single- family residence that has been identified as a Colony Home. On August 8, 2006, the City Council conducted a public hearing to consider establishment of a PD-26 overlay zone and application of the overlay zone change on the subject parcel. FISCAL IMPACT: Based on findings from the Taussig Study, revenue from new residential development including property tax revenues,vehicle licensing fees, sales taxes, and other revenues are insufficient to cover the maintenance and emergency services costs of new development. Based on the revenue projections from the Taussig Study, the City has developed standard conditions of approval for new development projects that require the cost of maintenance and emergency services to be funded by the project through a combination of road assessment districts, landscape and lighting districts and community facilities districts (Conditions CUP 17 and 18/TTM 8 and 9). 86 ITEM NUMBER: A- 13 DATE: 09/12/06 ATTACHMENTS: Attachment 1: Draft Ordinance A 87 ITEM NUMBER: A- 13 DATE: 09/12/06 ATTACHMENT 1: Draft Ordinance A Approval of Proposed Zoning Map Change DRAFT ORDINANCE A ORDIANACE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING ZONE CHANGE 2005-0097, AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF APN 030-292-022 FROM RMF-10 (RESIDENTIAL MULTI-FAMILY - 10) TO RMF-10/PD-25 TO INCLUDE AN HS (HISTORIC SITE) OVERLAY ON LOT 1 (RESIDENTIAL MULTI- FAMILY — 10/PLANNED DEVELOPMENT OVERLAY #25) (8255 San Andres Ave/ Barre) The City Council hereby finds and declares as follows: WHEREAS, an application has been received from Gene Barre (PO Box 776, Templeton, CA 93465) Applicant and Property Owner, to consider a project consisting of a Zone Change from RMF-10 (Residential Multi-family-10) to RMF-10/PD25 (Residential Multi- Family-10 with a Planned Development Overlay 25) with corresponding Master Plan of Development and Vesting Tentative Tract Map located at 8255 San Andres Avenue, (APN 030- 292-022); and, WHEREAS, the site's General_ Plan Designation is MDR (Medium Density Residential), and, WHEREAS, the site's current zoning district is RMF-10 (Residential Multi-family -10); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2006-0019 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act(CEQA); and, WHEREAS,the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Official Zoning Map to protect the health, safety, and welfare of its citizens by applying orderly development of the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendments; and, 88 ITEM NUMBER: A- 13 DATE: 09/12/06 WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on June 20, 2006 studied and considered Zone Change 2005-0097,after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on September 12, 2006, studied and considered Zone Change 2005-0097, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project; and, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. Findings for Approval of a Zone Change to the Official Zoning Map of Atascadero Changing the existing site zoning to RMF-10/PD-25/HS. The City Council finds as follows: 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 3. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. 4. The proposed project offers certain redeeming features to compensate for the requested zone change. 5. The project site includes the retention of an existing Colony Home and an open space easement over the existing riparian area allowing for location of the guest parking in a parallel fashion along the shared driveway at the entrance to the project site and a carport to allow for parking of the existing residence. SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on September 12, 2006, resolved to approve on second reading by title only, an ordinance that would rezone the subject site consistent with the following: 1. Exhibit A: Location Map/Zone Map Amendment Diagram 89 ITEM NUMBER: A-13 DATE: 09/12/06 SECTION 3. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published twice: at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before the expiration of fifteen (15) days after its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero. A copy of the full text of this ordinance shall be on file in the City Clerk's office on and after the date following introduction and passage and shall be available to any interested member of the public. INTRODUCED at a regular meeting of the City Council held on , and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on by the following roll call vote: AYES: NOES ABSTAIN: ABSENT: CITY OF ATASCADERO By: Tom O'Malley, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Patrick L. Enright, City Attorney 90 ITEM NUMBER: A- 13 DATE: 09/12/06 Exhibit A: Location Map/Zone Map Amendment Diagram j � lai Project Site I � ,1 4 � Loinclude \\ ` HS overlay , ,,,. ., Zone �, -'�' Existing Designation: Medium Density Residential - Residential Multi-family 10 Proposed Designation: - Medium Density Residential -Residential Multi-Family-10/PD 25 (HS overlay on Lot 1) 91 ITEM NUMBER: A- 14 DATE: 09/12/06 ■ ■i■ ■ ■ 1918 1970 Atascadero City Council Staff Report Community Development Department SLO Green Build Memorandum of Understanding RECOMMENDATION: Council authorize the Mayor to execute the attached the Memorandum of Understanding between the City of Atascadero and SLO Green Build. DISCUSSION: Background: SLO Green Build has approached the City about entering into a Memorandum of Understanding (MOU) regarding energy and resource efficient construction techniques in Atascadero. SLO Green Build is a local group of individuals and businesses that specialize in "green building" techniques and supplies. The mission of SLO Green Build is: • to promote sustainable building techniques that minimize construction`waste, build healthier indoor environments, and reduce energy use while conserving natural resources; • to provide architects, engineers, contractors, developers, and other building professionals with the tools to build sustainable projects; and • to support and help develop public policy which advocates for sustainable architectural, social, and building practices. The Mayor has been in contact with SLO Green Build over the past few months regarding the MOU. At the August 8, 2006 Council meeting, the Council requested that this item be agendized for formal review. • 92 Analysis: Staff has reviewed the draft MOU and is supportive of SLO Green Build's mission. However, staff has a few minor reservations regarding the proposed • agreement. Under City responsibility #2, the City agrees to "Encourage nonresidential projects greater than 45,000 square feet to achieve at least a LEED Silver Certification." An overview of the LEED certification process is provided in Attachment #2. Staff is concerned that "encourage is not well defined and could be interpreted as a City requirement. Currently, staff is encountering resistance and problems implementing the new Title 24 State Energy Efficiency standards. Since LEED is significantly more demanding than Title 24, staff is concerned that this could conflict with the City's permit streamlining goals. Staff would recommend that "encourage" be dropped in favor of "provide information FISCAL IMPACT: The MOU has no end date and requires the City to pay SLO Green Build $2,000 annually. ALTERNATIVES 1. Revise City Responsibility #2 to read 2. Provide information to nonresidential projects greater than 45,000 square • feette-o� to achieve at least a LEED Silver Certification from the U.S_ Green Building Council. ATTACHMENTS: 1. Draft MOU 2. LEED Certification Overview 93 • Attachment 1: Draft MOU MEMORANDUM OF UNDERSTANDING between The City of Atascadero and SLO Green Build This Memorandum of Understanding is hereby entered into between the City of Atascadero and SLO Green Build. SLO Green Build's mission is ... • to promote sustainable building techniques that minimize construction waste, build healthier indoor environments, and reduce energy use while conserving natural resources; • to provide architects, engineers, contractors, developers, and other building professionals with the tools to build sustainable projects; and • to support and help develop public policy which advocates for sustainable architectural, social, and building practices. To carry out this mission,SLO Green Build will establish a green-building program that includes printed resources, educational workshops and trainings. Among the printed resources will be guidelines and a checklist for green-building certification based on standards that have been (1) established by the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) program and (2) adopted by more than 70 local governments in California who make up the Public Agency Council of Build It Green, the professional non-profit organization that coordinates statewide green-building efforts. It is the general purpose of this Memorandum of Understanding to describe the duties and responsibilities of the parties in agreement. DUTIES AND RESPONSIBILITIES The City of Atascadero agrees to the following: 3. Provide $2,000 toward printed materials and other program costs, as described above in SLO Green Build "Duties and Responsibilities," to ensure that-all citizens of Atascadero have access to educational materials and programs. 4. Encourage nonresidential projects greater than 45,000 square feet to achieve at least a . LEED Silver Certification from the U.S. Green Building Council. 94 5. For all future building and renovation of City structures over 5,000 square feet, consider seeking certification under the LEED Green Building Rating System, to at least the LEED silver standard. It is acknowledged that, in the case of Atascadero's City Hall (an historic structure), LEED certification may not be feasible . 6. Provide liaison to meet with SLO Green Build quarterly to develop an in-house green- build team. SLO Green Build agrees to provide the following: 1. Carry out actions as described in the above mission statement to the best of its ability in conjunction with the Green Building Program. 2. Promote green building through community events and printed material, adhering always to professional principles while remaining politically neutral and unbiased within the industry. 3. Support the Green Building Program through educational and training events. 4. Develop, distribute and support a resource library, website and Green Building newsletter. 5. Maintain relations with the Public Agency Council of Build It Green in order to (a) ensure timely updating of the Green Building Guidelines, and (b) keep the City abreast of sustainable building practices and developments elsewhere in California. 6. Coordinate the production of printed materials, which may include: a green-building checklist ✓ a green score-card or checklist ✓ a legal agreement between builder and government agency ✓ a certification plaque (based on third-party certification) ✓ an informational kiosk THIRD PARTY RIGHTS This MOU does not confer any rights to any third parties AMENDMENTS/TERMS • This Memorandum of Understanding may be modified only by written amendment approved in writing by an authorized representative of each organization. • This Memorandum of Understanding shall become effective , 2006 and continue until terminated by either party upon 30 days written notice. CONTACTS 95 • SLO Green Build Turko Semmes or Andy Pease or Mikel Robertson Principal Representative 1204 Nipomo Street San Luis Obispo, CA 93401 The City of Atascadero Warren Frace Community Development Director 6907 El Camino Real Atascadero, CA 93422 AUTHORITY Each of the undersigned affirms that he/she is authorized to enter into this agreement which binds his/her respective organizations. For the City of Atascadero Tom O'Malley Mayor, Atascadero For SLO Green Build Turko Semmes Principal Representative • 96 Attachment 1: LEED Certification Process LEED Certification Process LEED Certification distinguishes building projects that have demonstrated a commitment to sustainability by meeting the highest performance standards. In response to the needs of LEED users, USGBC recently, launched a series of refinements and innovations that significantly reduce the time, cost and paperwork of achieving LEED certification. To Learn more about these refinements and how they enhance the LEED certification process, please click here. The information below outlines the required steps of the application process and answers the questions most frequently asked by project teams seeking LEED certification. • Why Certify? • Eligibility • Registration • Credit Interpretations • Certification & Documentation • Fee Summary for LEED Proiect Reaistration and Certification Why Certify? • Establish recognized leadership in the green building sector • Validate achievement through third party review • Qualify fora growing array of state and local government incentives • Contribute to a growing green building knowledgebase • Earn LEED Certification plaque and certificate Eligibility Commercial buildings as defined by standard building codes are eligible for certification under LEED NC, CS, CI and EB. Commercial occupancies include—but are not limited to—offices, retail and service establishments, institutional buildings (e.g., libraries, schools, museums, churches, etc.), hotels, and residential buildings of four or more habitable stories. If the application of LEED for a unique building type is questionable, USGBC encourages the project team to tally a potential point total using the LEED Rating System Checklist that is provided with each LEED Rating System. All Rating Systems are a free download via the LEED homepage. The project is a viable candidate for LEED certification if it can meet all prerequisites and achieve the minimum number of points to earn the Certified level of LEED project certification. Registration The first step toward earning LEED certification is project registration. Registering during the early phases of project design will ensure maximum potential for achieving certification. Registration is an important step that establishes contact with the USGBC and provides access to essential information, software tools and communications. Upon registration, project contacts receive an orientation letter and access to LEED- Online. To register your project visit the LEED Registration page. i 97 Once a project is registered, the project team begins to prepare documentation and calculations to satisfy • the prerequisite and credit submittal requirements. It is helpful to have a LEED Accredited Professional as the project contact and team member responsible for coordinating the LEED process. Credit Interpretations In some cases, project teams may encounter difficulties applying a LEED prerequisite or credit to a specific project. USGBC has established a review process for registered project inquiries, called credit interpretation requests (CIRs), to ensure that rulings are consistent and available to other projects. If a question arises, project teams should: 1. Consult the LEED Reference Guide in regards to credit intent, requirements and calculations. View additional guidance for Innovation Credits. 2. Review the LEED Credit Interpretations Rulings (CIR) page for previously logged CIRs on relevant credits. (Log in to myUSGBC and choose CIR from the menu at left. All LEED project contacts have access to this page.) 3. If a similar credit interpretation has not been logged, or does not answer the question sufficiently, submit a new CIR using via LEED-Online. The inquiry should be succinct and based on information found in the Reference Guide, with emphasis on the intent of the prerequisite or credit. Each CIR costs $220. Note: For projects NOT using LEED Online the first two CIRs are included with registration. Each additional CIR is $220. As of November 15, 2005, project registrations will not include free CIR's. Certification &Documentation To earn LEED certification, the applicant project must satisfy all of the prerequisites and a minimum number of points to attain a LEED rating level.The certification review process includes the following: 1) Application Documentation Submittal For Projects using LEED-Online the documentation submittal is paperless; letter templates, additional documentation, and online certification payment are all submitted via the web. Click here for more- information on LEED-Online. For projects NOT using LEED-Online,the project team submits two complete copies of ALL project application materials and the corresponding fee (check payable to U.S. Green Building Council)to the LEED Certification Manager at 1015 18th Street, NW,Suite 508, Washington, DC, 20036 . Please indicate which rating system you are submitting for. A complete application includes the following: • the printed LEED Letter Template and requested submittals for each prerequisite and credit, separated by tabs (LEED Version Letter Template Excel document is required on a CD); o For NC v2.1 projects NOT using LEED Online, project teams are expected to use the most current version of the Letter Templates as of the date of certification submission. • LEED registration.information, including project contact, project type, project size, number of occupants, date of construction completion, etc.; • an overall project narrative including at least three project highlights; • the LEED Project Checklist/Scorecard indicating projected prerequisites and credits and the total score for the project (If mixed submittal, LEED Q.0 credits are to be noted as such in LEED v2.1 Letter Template Credit Summary or similar format.); and • Drawings and photos (8.5x11 or 11x17) illustrative of the project, including: . o Site plan o Typical floor plan 98 o Typical building section o Typical or primary elevation o Photo or rendering of project 2) LEED Technical Reviews a) LEED-Online Review: LEED Online is currently available for LEED-NC v2.1, LEED-NC v2.2, LEED-CI v2.0, and LEED-EB v2.0. All Letter Templates are now downloadable PDF's allowing for paperless certification submissions. All reviews will be done via LEED Online. More information on LEED Online Reviews to come soon. b) LEED-NC Version 2.1 Review: The LEED Letter Templates and additional submittals for each prerequisite and credit are reviewed for compliance. Within 30 days of administrative approval, the USGBC issues a Preliminary LEED Review document noting credit achievement anticipated, pending and denied. In addition, up to six prerequisites and/or credits shall be selected for audit. The project team has 30 days from the receipt of the Preliminary Review to provide corrections and/or additional supporting documents (e.g., calculations, cutsheets and other backup) as a supplementary submittal to the application. The USGBC conducts a Final LEED Review of the application within three weeks of receiving the resubmittal and notifies the project contact of certification status. If two or more audited credits are denied, additional credits may be selected for a second audit and may prompt a Second Preliminary LEED Review prior to a Final LEED Review. Note the Certification Audit Reauirements. c) LEED-NC Version 2.0 / 2.1 Combination Review: All credits submitted under the LEED v2.0 Rating System shall be reviewed as outlined in the LEED 2.0 Review Process. All credits submitted under the LEED v2.1 Rating System shall be reviewed as outlined in the LEED v2.1 Review Process. If audited credits pass, the timeline is identical for both processes. Please note that LEED-NC Mixed v2.0/2.1 submittals, for projects that registered before November 15, 2005,are acceptable for projects not using LEED-Online. However, using LEED-Online for NC v2.1 exclusively is recommended for simplicity. d) LEED-NC Version 2.0 Review: Documentation submittals for every prerequisite and credit are reviewed for compliance. The inclusion of extraneous documentation is discouraged as this slows the application review process. Within 30 days of administrative approval, the USGBC issues a Preliminary LEED Review document noting credits earned,pending and denied. The project team has 30 days from the receipt of the Preliminary Review to provide corrections and/or additions as a supplementary submittal to the application.The USGBC conducts a Final LEED Review of the application within three weeks of receiving the resubmittal and notifies the project contact of the LEED certification. e) LEED-E6 Version 2.0 Review: The LEED Letter Templates and additional submittals for each prerequisite and credit are reviewed for compliance. Within 30 days of administrative approval, the USGBC issues a Preliminary LEED Review document noting credit achievement anticipated, pending and denied. Upon receipt of the Preliminary Review, the project team is given the opportunity to provide corrections and/or additional supporting documents (e.g., calculations and other backup) as a supplementary submittal to the application. The USGBC conducts a Final LEED Review of the application within 30 days of receiving the supplementary submittal and notifies the project contact of certification status. f) LEED-CI Version 2.0 Review: The LEED Letter Templates and additional submittals for each prerequisite and credit are reviewed for compliance. Within 30 days of administrative approval,the USGBC issues a Preliminary LEED Review document noting credit achievement anticipated, pending for cause or pending for audit, and rejected. In addition, up to five prerequisites and/or credits shall be selected for audit. The project team has 30 days from the receipt of the Preliminary Review to provide corrections and/or additional supporting documents (e.g., calculations, cut sheets and other backup) as a supplementary submittal to the application. The USGBC conducts a Final LEED Review of the application within three weeks of receiving the re-submittal and notifies the project contact of certification status. If two or more audited credits are denied, additional credits may be selected for a second audit and may prompt a Second Preliminary LEED Review prior to a Final LEED Review. 3) Award. Upon notification of the LEED certification, the project team has 30 days to accept or appeal the 99 awarded certification. Upon the project's acceptance, or if it has not appealed the rating within 30 days,the LEED certification is final. The project may then be referred to as a LEED certified building. The USGBC presents the project team with an award letter, certificate and metal LEED plaque indicating the certification level. 4) Appeal. If the project team feels that sufficient grounds exist to appeal a credit denied in the Final LEED Review, it has the option of appeal. The appeal fee is $250 (changing to $500, effective 9/1/04) per credit appealed. A review of these items will occur within 30 days at which time an Appeal LEED Review will be issued to the applicant. Appeal Submittals For projects using LEED-Online all appeals will be submitted online via LEED Online. If an appeal is pursued, please note that a different review team will be assessing the appeal documentation, so be sure to include the following information: 1) LEED registration information, including project contact, project type, project size, number of occupants, date of construction completion, etc. 2) An overall project narrative including at least three project highlights. 3)The LEED Project Checklist/Scorecard indicating projected prerequisites and credits and the total score for the project. (If mixed submittal, LEED v2.0 credits are to be noted as such in LEED v2.1 Letter Template Credit Summary or similar format.) 4) Drawings and photos (8.5x11 or 11x17) illustrative of the project, including: a. Site plan b. Typical floor plan c. Typical building section d. Typical or primary elevation e. Photo or rendering of project 5) Original, re-submittal, and appeal submittal documentation for only those credits you are appealing. It would be helpful to include a narrative for each appealed credit to describe how the documents address the reviewers' comments and concerns. Please note that all provided documents will be considered as part of the appeal process. Please submit two copies of the appeal information in a three-ring binder or on a compact disc to the attention of the LEED Certification Manager at the USGBC. Remember to include a check, payable to the U.S. Green Building Council, in the amount of $500 per credit or prerequisite appealed. We will finish your Appeal LEED Review within one month from receipt of your resubmittal Visit the Register Your Project Page for the LEED project registration and certification fee summary and LEED project registration form. 100 ITEM NUMBER: A- 15 DATE: 09/12/06 a �� o ■ i Atascadero City Council Staff Report - Community Services Department Proposed Lake Park Design Guidelines RECOMMENDATION: Council review the proposed Lake Park Design Guidelines, provide staff with direction regarding modification of the guidelines, and adopt the guidelines. DISCUSSION: Background: Ever since Atascadero Lake has been used as a public park, • improvements in the park have been made in an unplanned manner. Often, the improvements were donated to the County or City by individuals and community groups that frequently donated the labor as well. Over the years, many improvements to the park have occurred without regard to architectural consistency or a central theme. As a result, the buildings, structures and "parkscape" at the Lake_Park reflect a variety of different styles, construction, paint selections and materials. While the Lake Park has an approved Master Plan, it does not have a uniform set of design guidelines to direct the facility improvements that take place in the park. Atascadero Lake Park is often referred to as the "jewel" of the City, or the "living room of the community." As such, the City's objective is to create design standards for the Lake Park that are attractive, consistent with the rural nature of the park, and cost effective to maintain. Just as the Atascadero Redevelopment Agency has done in partnership with Main Street for the downtown area, adoption of a uniform set of design guidelines will contribute greatly to influence future improvements for a more attractive park. A positive change in the downtown has resulted since the Downtown Streetscape Design standards were adopted in late 2002. In December, 2005, the City distributed a Request for Proposals (RFP) for the development of a set of architectural guidelines for the Lake Park, to supplement the Park Master Plan. In January, 2007, David C. Main was chosen to develop the design guidelines for the City. With the input of the public and the Parks and Recreation Commission, he has developed a set of proposed design guidelines for the Lake Park. • 102 ITEM NUMBER: A 15 DATE: 09/12/06 An "Arts and Crafts" theme is being suggested for the Lake Park. The design guidelines have been reviewed by staff, and have been selected in part, for their attractiveness is and ease of maintenance and durability. On March 16, 2006, the Parks and Recreation Commission held a public hearing on the design guidelines, and is unanimously recommending their approval to the City Council. FISCAL IMPACT: None at this time. Some park capital improvement costs made in accordance with the design guidelines may be higher than they would be if any type of construction or materials is permitted. However, the long term maintenance and replacement costs of most improvements will decrease due to the use of better materials. The uniform design will be in place to guide improvements as they are phased in and funding is available for individual park projects. ALTERNATIVES: Modify the guidelines as directed by the Council • ATTACHMENTS: A- Lake Park Design Guidelines Report 103 CITY OF f _ s r Al ATASCAPER,0 �s :y E PA RKL K PESIGN F + AFTIL 12, 2006 Froparod 13y: David C. Main, AIA & J055ica Hami Dori 39 em DESIGN David C. Main,AIA Architect J 104 GENERAL INFORMATION PURPOSE SNP INVENT i The goal of these guidelines is to encourage future development of facilities in the park that help foster a visual identity that is unique and appropriate for Atascadero Lake Park. It is also our objective to create a design theme that is attractive, consistent, and in keeping with the rural nature of the park to guide future park improvement projects. This manual has been established to guide the design of architectural facades,structures,shelters,lighting,fencing, benches,trash receptacles, signage, and color palette for all future improvements. DUILPINGS DULVNG ARCMFLTUN& SrYLE Arts and Crafts style was selected by the Parks and Recreation Commission as the architectural style for all future buildings developed in the park. The application of arts and crafts style elements to new buildings will create compatibility with the existing Pavilion on the Lake. Y 4' s F 'x ( s =y The Arts and Crafts Style fagade is characterized by: 1. Low,pitched gable roof lines with wide overhangs (3:12-to 5:12 pitch) 2. Attic vent louvers at gable end walls r� r 3. Exposed rafter tails OBOE 0019. 3 �g 4. Architectural brackets and extended beam ends �. with straight, simple angles and lines 5. Windows with divided window panes 77 u 5 6. Windows and doors trimmed with fiat wide trim boards 7. Shiplap and/or shingle siding finishes 8. Simple straight or tapered columns 9. Front porch with enough depth for a seating area AT^SCAPERQ LAKE PARK DESIGN GUIDELINES 1 105 ROOF TREATMENTS 12 D3 EXPOSED RAFTER TAILS EXTENDED OPEN GABLE BEAM ENDS BEAM FRAMING BRACKET BRACKET COLUMN COLUMN BASE WITH CAP SECTION OPEN STRUCTURE ELEVATION 12 �5 12 BEAM CLOSED GABLE FRAMING EXPOSERRD BRACKET&EXTENDED BEAM ENDS THAI COLUMN COLUMN BASE WITH CAP 5ETION CLOSED STRUCTURE ELEVATION FACADE CHARACTERISTICS: • LOW PITCH GABLE ROOF WITH WIDE OVER HANGS • ATTIC VENT LOUVERS AT GABLE END WALLS • EXPOSED RAFTER TAILS • ARCHITECTURAL BRACKET5 WITH EXTENDED BEAM ENDS WITH SIMPLE ANGLES AND LINES 2 ATASCAPERO LAKE FARK DESIGN GUIDEINES 106 5�SE & L30PY TREATMENTS 2X TRIM 2X TRIM FIBER CEMENT SIDING 2X TRIM .� FIBER CEMENT ::El WINDOW WITH SIDING DIVIDED LITES WINDOW SILL WATER TABLE WATER TABLE L c— �b �-- ROCK BASE �--� ROCK BASE SECTION ELEVATION SECTION ELEVATION 2X TRIM FIBER C�ME;NT SIDING 2X TRIM FACADE CHARACTERISTICS: DOOR • WINDOW WITH DIYIDED LITES * WINDOWS & DOORS TRIMMED WITH FLAT WIDE TRIM BOARDS o SHIP LAP WOOD OR SHINGLE SIDING FINISHES WATER TABLE • WATER TABLE SEPARATING WALL BASE&BODY FIBER CEMENT SIDING DASE SECTION ELEVATION ATASCADERO LAKE PARK PE.SIGN GUIDELINES 3 107 COLUMN TREATMENTS WOOD COLUMN WOOD WOOD COLUMN COLUMN -E—BASE CAP BASE -F--BASE CAP GAP SINGLE COLUMN TRIFLE COLON TAPERED COLUMN PLAN FLAN PLAN ARCHITECTURAL ARCHITECTURAL BRACKET BRACKET- TAPERED SINGLE TRIPLE COLUMN COLUMN COLUMN FIBER CEMENT SIDING BASE STONE BASE STONE BASE SINGLE COLUMN TRIPLE COLUMN TAPERED COLUMN ELEVATION ELEVATION ELEVATION FACADE CHARACTERISTICS: • TAPERED OR SIMPLE STRAIGHT SINGLE OR TRIPLE COLUMNS • ARCHITECTURAL BRACKETS WITH EXTENDED BEAM ENDS WITH SIMPLE ANGLES AND LINES E3UILPINGS [3UILDING BAS 130DY AND ROOD All architectural elevations of principal buildings shall consist of a base,a body,and a roof. I. The base shall occupy the lowest portion of the elevation,and shall have a height no Iess than thirty percent (30%)of the average wall height. 2. The body shall occupy the middle portion of the elevation,and shall have a height no less than sixty percent (60%) of the average wall height. _ 3. The roof shall occupy the highest portion of the elevation including the roof,rake fascia,and eaves. 4. The base shall be clearly distinguishable from the body through changes in color,material,pattern,profile, or texture. 4 ATASCRDER® LAKE PARK DESIGN GUIDELINES 108 DUILPINGS CONT. /\SF-MP PODY MA WS � The materials used on building facades play a large part in determining the appearance of a building. In order to ensure that a building is aesthetically pleasing, it is important that the materials and colors used on the exterior of a building are pleasing to the eye and are compatible with the surroundings.As a general rule,the use of high quality natural and engineered building materials such as native stone,wood,and fiber-cement siding contribute to aesthetically pleasing facades.The following is a list of permitted materials for the building base,body,and roof. Other materials not specifically mentioned may be permitted, but need to be reviewed by Parks and Recreation Commission on a case-by-case basis. 1.Building Base: Native stone,manufactured stone,or siding materials. 2.Building Body: Applied materials such as exterior cement plaster, decay resistant wood that weathers to natural color and fiber cement siding that imitates wood lap siding. Body materials considered inappropriate, however, may be permitted. with the specific approval by the Parks and Recreation Commission on a case- by-case basis: a.Aluminum or vinyl siding or siding that imitates wood,brick or stone, b. Ceramic tile or ceramic block, c. Sheet metal,corrugated metal,or other similar metal panels, d. Poured concrete,concrete block,textured concrete block,concrete panels,or panels with an aggregate surface. FACAPE�'CMLORS The use of low reflectance, subtle,neutral, or earth tone colors as the predominant colors on the facade is the desired appearance. The use of high intensity colors, metallic colors, or fluorescent colors as the predominant facade color is not in keeping with a natural park theme. Building trim and accent areas may feature accent colors,including primary colors. (1) Building Base: The base shall read as a single, subdued,earth-tone color. (2)Building Body: The booty shall read as a single,subdued,earth-tone color. The color pallet that is currently in use is: We suggest adding the following colors: Frazee"Padre Brown" 151 Frazee"Earthbound Green"AC09I N Frazee "Travartan"214 Frazee"Silence"698 Frazee"Moose Point"8715D AKA`Bob Brown" Frazee"Onyx"685 RTS The roof treatment should harmonize with the character of the nearby Pavilion. Roof line styles shall include gable and hip roofs with a pitch of 3:12 to 5:12. Flat roofs are permitted if sufficiently disguised through the use of parapet walls. The use of extended beams at the gable end ridge and wall lines are desirable. Brackets with simply shaped ends and straight,angled supports are desirable. Exposed rafter tails and eaves with a tongue and groove boards are desirable. The roofing material applied to the Pavilion on the Lake made by: Metro Roof Products 3093 "A"Industry Ct. Oceanside,CA 92054 Phone: 866-638-7648 "Metro Shake II",Color: Beechwood )�TASCAPERO LAKE PARK DESIGN GUIDELINES 5 109 PARK FACILITIES & IMPROVEMENTS Site observation of the park facilities and meetings with Parks and Recreation leaders and staff were,conducted to determine the current condition of the improvements and to gather information regarding what is working and what is not. The existing improvements were broken down into groups and the following characteristics were identified as determining design criteria.The product manufactures listed below are for products that are installed in the Park. Substitution of manufacturer or materiels that are equal in quality will be considered on a case by case basis in a competitive procurement process. SIGNAGE �� -Monument identification signs • Design criteria: • Concrete slab with letters formed into the sign face. Atascadero Manufactured by Quikcrete Products Corp. 731 � Parkridge Ave. Norco,CA 92860, www.quikcrete.com, R•'Z�i Model: Custom fabricated to Buyers design. 9315 Pismo Avenue • Graffiti resistant coating • Planted berm surrounding the sign is desirable • Claystone facing material on retaining walls is desirable �� Y • A mounting Dation for event and seasonal activity ban- 5+h ners to be supported,standardize banner size to 2'x 8' 1; r= • Park Regulation signs • Atascadero Lake Park Rules Design criteria: • Made of durable materials that require little or no maintenance • Pre-cast concrete with letters formed into sign face • Fiber-cement planks • Engineered rot resistant wood products • No Parking Signs • Design criteria: • Solid Plastic with letters routed into faceplate • Manufactured by Rec West Outdoor Products 31320 Via Colinas, Suite 108 �z Westlake Village,CA 91362 (818) 735-3838 No painting, integral fade resistant color • Information signs • Design criteria: • Update standard design to use durable materials that require little or no maintenance. To improve rot resistance where posts are embedded in earth,concrete or gravel,use engineered wood to make a sleeve to accept the sign post,so engineered wood is in contact with earth,concrete or gravel. • Pre-cast concrete • Fiber-cement planks • Engineered rot resistant wood.products or decay resistant natural wood. • No painting,integral fade resistant color 6 ATASGA PPO LAKE FANRK DESIGN GUIDELINES -i10 PARK FACILITIES IMPROVEMENTS CONT. FENaNG. 5A [ S AND WALLS FLAGSTONE •.Walls GAF Planter walls at.Group Area i — • Design criteria: • Natural stone walls are desirable • We suggest that the existing walls be refurbished and repointed. A flag stone, similar to those at the Pavilion monument sign,be.added to the top of the wall to provide additional seating. • New Walls `GLAYSTONE• VENEER • Design criteria: • Natural Claystone or simulated natural stone walls are desirable NEW FLAGSTONE • No maintenanceCAP FIELDSTONE • Anti-graffiti sealer applied to seal surface PLANTER WALL Seat wall along lake between Pavilion and Paddle boat area Due to be rebuilt in near future 44 • Design.Criteria *4 .� a • Natural stone is desirable A x a ,� ,� xW xA 4W #x • Anti-graffiti sealer .0444 X 44C 4* •Wood Fencing Existing split-rail wood fencing(example:At corner of Morro and Portola). • Design Criteria for new fences • Pre-cast concrete rail fencingtL • Manufactured by: x. Sierra Precast,Incorporated : f ° Post Office Box 124 ¢ E' Morgan Hill,CA 95038 ft,a 5, • Engineered or natural rot resistant wood products ' • Little or no maintenance '` =xiz P • No painting,fade resistant integral color • Parking lot barrier - • Existing wood pole barriers are constructed of round wood poles,treated with chemical preservative, notched to fit and bolted together • Design Criteria for replacement • Concrete curb,AC Berm or precast concrete wheel stops to contain vehicles • Pre-cast concrete rail fence barrier located 4 feet from wheel stops • Large natural rock boulders • No maintenance • No painting, fade resistant integral color AT1�5C DERO LAKE PARK PE51GN GUIDELINES 7 iii - SARK FACILITIES & IMPROVEMENTS CONT. • Horseshoe area fence • Existing fence is a wood 3-rail with no-climb metal wire fencing applied to the inside surface. • Design Criteria for new fencing • Pre-cast concrete rail fencing • No maintenance •Trash Enclosures There.are no trash enclosures in the park and waste bins are visible near the Ranger House,Zoo Kitchen Building, and Senior's Recreation Building. It is thought that enclosures would enhance the park image. • Design Criteria We propose an enclosure with masonry walls and concrete slab floor. Gates could be metal frame with fiber cement slats and trim. The masonry walls could be clad with stone veneer. To provide an "aged"look,an evergreen ivy could be planted at the base of the walls and trained to grow into to fencing. �Pl FEFSPECTIVE SKETCH STONE VENEERED PLANTER AREA CONCRETE MASONRY WALLS SLAB AGE OE �--PLANTER PAVING AREA FAINTED LINES t_/�j L4 Q PLAN SKETCH METAL GAT>=sWITH FIBER CEMENT SLATS £ ATASCADERO LAKE FiW DESIGN GUIDELINES 112 BARK FACILITIES & IMPROVEMENTS CONT. BUILDINGS: • Pavilion on the Lake • The Pavilion was repainted with desirable colors from the color pallet identified above. • Reroofed with simulated shake style metal roofing • Architecture is reminiscent of the Arts and Crafts style • hanger house • Recently repainted with desirable colors to match Pavilion • Siding and roofing due for replacement in future • Design Criteria • Fiber-cement siding • Engineered or natural rot resistant wood products • Little or no maintenance • Paint colors to coordinate with established color pallet • Roofing material;and color to coordinate with Pavilion r VIV -x EXISTING FRONT ELEVATION SPE ELEVATION .r $;`•,d z. ..tib �r:? .; A� dta" PROPOSED FRONT ELEVATION SIDE ELEVATION ATASCAPERO LAKE PARK DESIGN GUIDELINES 9 113 PARK FACILITIES & IMPROVEMENTS CONT. • Upper and Lower Restroom buildings ' W • Upper restroom replacement. • Design Criteria • Arts &Crafts Architectural style as indicated on pages 2-6 • Paintcolorsas indicated in color pallet above • Architectural grade shingle roofing with color to coordinate with Pavilion roofing • Pre-fab type are not desirable • Interior walls of masonry,sealed with epoxy desirable at EXISTING STING SIDE ELEV TIO N • Stainless steel industrial fixtures • Plastic WC seat • Sealed concrete floors • Solid plastic partitions • Paperless,electric hand dryer • Lower Restroom • Existing masonry building with Arts &Crafts « '" , style facade. , • PROPOSED SIDE ELEVATION IN- EXISTING FRONT `S ELEVATION55511. - d t �''RO RO SED ` FRONT ELEVATION UL-jL a 10 ATASCADERO LAKE 'ARK DESIGN GUIDELINES 114 PARK FACILITIES & IMPROVEMENTS CONT. • Band Stand !, • Kiwanis Club has indicated they would like to replace existing band stand with new structure. • Design Criteria • Arts &Crafts Architectural style as indicated on pages 2-6 • Paint colors to coordinate with established color pallet • Architectural grade shingle roofing with color to coordinate with Pavilion roofing • Concrete slab floor • Lighting for band inside structure • Lighting for area in front of bandstand ---- ----------r___--_--._-__-- _ • Accent and uplighting for trees in the bandstand area all ' __ 'a a ; • Poles for event banners ° r ♦ , 00 ♦ � as � --------------- PRO PO SED SECTION SKETCH PRO f 0 5EP PLAN SKETCH a c .v k w PRO PO 5•EP FRONT ELEVATION ATASGAPER0 LAKE 'ARK PESIGN GUIDEINES 11 i 11'5 PARK FACILITIES & IMPROVEMENTS CONT. Carden Gazebo • Design Criteria • When in need of repainting,use Frazee Paint to match existing colors. • Zoo Tiger Fountain area and Entry Trellis • Entry area to be replaced in the future. A design has been prepared, however,was not reviewed for this document. • Walls that face on the park are plain concrete and have no decorative finish. Design Criteria • Clad with natural stone or simulated natural stone veneer •Baseball Buildings • Replacement building design • Design Criteria • Arts &Crafts Architectural style as indicated on pages 2-6 • Paint colors as indicated in color pallet above • Architectural grade shingle roofing with color to coordinate with Pavilion roofing • Site and parking lighting to be consistent with Park • Field lighting mounted to metal poles SITE IM PROVTS • Site Lighting •Design Criteria a:)'U! ;; ,. r ✓" • Manufactured by: Tumec Inc. 5645 HN'v 59 South v Cherokee,IA 51012 ' Fixture: BSM-l0 with LR luminous ring Mounting: MM 4 Pole: AM6, 15'tall a s. EXISTING COLOR PROPOSED COLOR 12 ATASCADER® LAKE PARK DESIGN GUIDELINES 116 SITE IMPROVEMENTS •Trash Receptacles • Design Criteria Manufactured by: R. J. Thomas Mfg. C. Inc. 5648 Hwy 59 South Cherokee,IA 51,012 Model No.TRH with plastic timber slats Lid: CN-PD/W-27 in color to match slats y, w , •Picnic tables • Existing CMU base could be clad with p natural or simulated stone to match with existing stone walls and planters ' `�":: Design Criteria for new • Stone or stone clad base desirable • "Sonatube"cast concrete base desirable • Concrete top and bench are desirable •Portable Picnic tables • Design Criteria for new • Galvanized Metal frame • Plastic coated grate type top and seat • Manufactured by: M R. J. Thomas Mfg. C. Inc. 5648 Hwy 59 South Cherokee,IA 51012u Model No. UT/G8HW K i • Plastasol coated perforated steel seat and top, color to harmonize with park theme • Family Picnic Areas Existing permanent cast concrete type built by Kiwanis Club. Design Criteria for new • Stone or stone clad base desirable • Concrete top and bench are desirable • Extend table top overhang at one end to accommodate handicap seating ATASCAPERO LAKE PARK PE51GN GUIPEUNES 13 1-1 SITE IMPROVEMENTS CONT. • Group Area 1 • Does not appear to be handicap accessible • Provide paved path of travel from parking area Group Area 2 • Does not appear to be handicap accessible • Provide all-weather surface between tables and at the path of travel from parking area • Design Criteria for replacement or new tables • Option 1 • Replace top and bench planks with engineered rot resistant composite wood product planks • Manufacturers: • Epoch Composite Products—EverGrain Decking • TimberTech Limited—Earthwood Plank Decking • Fiber Composites,LLC—Fiberon Tropics Decking • It should be noted that all composite planks require support at 24"o.c. maximum spacing. The.existing bench and table support may require additional stricture to be added to support composite planks, • Option 2 • Replace with concrete bench and tables • Option 3 • Metal frame • Plastic coated grate type top and seat • Little or no maintenance • Colors to coordinate with Pavilion • Benches • Pre-cast concrete style has become defacto standard for new and replacement benches • Design Criteria for new fences • Pre-cast concrete rail fencing . w • Manufactured by: Y Quickcrete Products Corp. ` 731 Parkridge Ave Norco,CA 92860 Quickcrete,com Model: Classic,Palm,#QIPS84B = � 14 ATASICANDER0 LAKE Pn"NK DE a1GN GUIDELINES 118 SITE IMPROVEMENTS O t Pathways • Existing asphalt concrete(AC) pathways are acceptable,but not ideal. Tree roots are damaging portions of the paths and patches and cuts to add other improvement are.visible in many places. • Design Criteria • Maintenance staff has access to AC and usually make repairs to the surface if a safety issue is evident • AC is best in locations where vehicles drive in for events and where maintenance staff use trucks • Consider concrete mow curb at edges to stop tree root encroachment • Existing decomposed granite(DG) paths are acceptable and consistent with Master Plan guidelines • Concrete mow strip at edges to contain DG with in pathway • Maintenance staff has access to DG and surface is easily repaired. • DG can be used as subgrade for pavers or AC to be installed at a later time CONCRETE CURB �— OG BASE—� �-- AC PATH ` 00• ao•�• o•►. aoyP=.ieop�.,ie ayo�oeaya.,d _!! .0 .�' ►iii 4'.•• � ►.�.A•�.0 i'.w.•s.d•• 't !_ �! .• •o prie••r.NQ*°•..lie•!=.i�o,'e..f�o.r•.;:eo I{!— . =!!!.III !!!-!!!= �Fill III=�'• `•—III =1ll..11!_ .{II . =II{=111 DG BASE {{1=1{1= -;111= =III 111= PG 5 5E PATH AC PAVED PATH •Bridges The spillway bridge is,I believe,a recycled railroad car chassis. The beams and.deck are in good condition, but the guardrail is in need of replacement. It is recommended that the surfaces where people usually grasp for support be made with natural hardwood or engineered woad. Natural hard woods like mangaris, teak, mahogany, ipe,and cumaru are acceptable instead of a natural soft wood. These woods need no maintenance and are found to last 25 years in worst conditions. Engineered wood products have no grain, and so will not dry-out and splinter like natural softwood. The Santa Rosa street bridge is planned to be replaced with a metal barrel arch and earth fill. The current idea is to extend the width of the arch to accommodate the road and.the pedestrian path. If needed a barrier could be. used to separate traffic. ATf$SC DER4 LAKE PARK DESIGN GWPEUNF-5 15 119 SITE IMPROVEMENTS C • Drinking Fountains • Existing are site built and do not comply with accessibility regulations. • Desitin Criteria • Manufactured by: Most Dependable Fountains, Inc. 5705 Commander Drive, Arlington,TN 38002 • ADA compliant • Consistent with park setting stylee and use • Wall mounted type applied to rock wall base is desirable • Children's Play Structure • Existing Structure with bright colors was chosen for kid's appeal. Activities and play structure generally comply with safe play criteria in the"tot lot"structure. • "6 to 12" structure is outdated.as rules and regulations have strengthened Desitin Criteria • Consider natural material colors that compliment rural park character instead of bright colors • Consider rural character of the park when choosing new components with a theme consistent with an inland park- i.e. Prairie,Western,Frontier or Ling Cabin themes. • ADA accessible • Play surface under structure may not meet current safety requirements • • Pump House Facilities At Santa Rosa Road Crossing • Existing structure has decaved and is due for replacement • Design Criteria • Masonry walls • Wood frame roof structure • Steel access doors • Colors to be consistent with park buildings 16 ATA LAKE PARK DESIGN GUIPEUNES 120 ITEM NUMBER: A- 16 DATE: 09/12/06 n Isis Atascadero City Council Staff Report - Police Department Supplemental Law Enforcement Services Fund (SLESF) RECOMMENDATION: Council designate 2006/2007 Supplemental Law Enforcement Services Fund (SLESF) monies for use in frontline Police services and equipment improvements. DISCUSSION: The State of California has awarded the City of Atascadero $100,000 in SLESF funds • for 2006/2007. These funds are awarded equally for each city and intended to fund frontline municipal police services. The Government Code requires cities to appropriate and approve the use of the funds by City Council in the month of September. Availability of these funds presents an opportunity to continue the Police Cadet program an additional year and implement many equipment improvements. The Police Department continues to collaborate with the Fire Department to improve radio repeater coverage and implement Mobile Data Computers(MDCs) in emergency vehicles. This equipment will benefit the community by increasing the visibility of officers in the field, reducing response time and the demand on dispatchers. The Police Department will add additional MDCs to emergency vehicles and the equipment, software and connection fees to support the units. Staff has identified the need to upgrade the property/evidence bar code tracking and storage system along with supporting software and equipment. These funds will also support less lethal equipment, supplies and training, and technology improvements to enhance traffic safety and other frontline police services as necessary. FISCAL IMPACT: $100,000. All costs are paid for by SLESF grant funds and do not affect the general fund. ALTERNATIVE: Decline the use of SLESF grant funds. Not recommended due to significant improvements gained by use of the funds. 1`22 ITEM NUMBER: B-1 DATE: 09/12/06 . ■ ■A ■ ■ ,a�g ■ �9�a Atascadero City Council Staff Report - Community Development Department Title 9 Planning and Zoning Text Amendment ZCH 2006-0117 / PLN 2006-0110 Industrial Zoning Uses, Sign Ordinance & Exterior Lighting (City of Atascadero) RECOMMENDATIONS: Planning Commission Recommends: Council: 1. Adopt Draft Resolution A certifying Proposed Negative Declaration 2006- 0023; and, • 2. Introduce for first reading, by title only, Draft Ordinance A approving Zone Change 2006-0117 based on findings. gs REPORT-IN BRIEF: The three proposed text amendments made to Title 9 (Planning and Zoning Ordinance) include: 1.) Zone text change to include "utility service centers in the Industrial and Industrial Park Zoning districts. 2.) Sign ordinance update related to banner signs, free standing portable and "A-frame" signs, and monument signs. 3.) Text update to exterior lighting standards. Situation and Facts: 1. Applicant: City of Atascadero 2. General Plan Designation: Citywide 3. Zoning District: Citywide 4. Environmental Status: Initial Study and Proposed Negative Declaration #2006-0023. 124 ITEM NUMBER: B- 1 DATE: 09/12/06 DISCUSSION: Background: Since the adoption of the 2002 General Plan staff has been making periodic updates to the zoning ordinance to provide consistency with the General Plan and other community goals. This application combines a series of zoning amendments, including changes to the sign ordinance that the Council requested earlier in the year. The Planning Commission held a public hearing for this project on July 18, 2006 and recommends the text change to the City Council. The Commission voted 5-0 to recommend the amendments with Commissioners Jones and Porter absent. Analysis: 1.) Industrial Zoning District Text Change The proposed zone text change consists of adding "utility service center" as a conditionally allowable use to the Industrial and Industrial Park zones. A "utility service center" is defined as "a private or public utility facility providing for customer services (including bill paying), engineering, clerical and construction crew activities. Includes vehicle, material and equipment parking and storage." Currently, utility service centers are permitted as an allowable use in the Commercial Professional and Commercial Retail zones, and a conditionally allowable use in the Public zone only. The Atascadero Mutual Water Company (AMWC) currently owns and operates a • service yard and office buildings on the Industrial zoned property immediately north of the Highway 41 bridge over the Salinas River, Numerous water mains and their appurtenances, maintenance buildings, and material and equipment storage operate on the property. The facility is currently operating on site as an existing use, but is not permitted to make changes because utility service centers are not included in either the allowable or conditional uses of the Industrial zone in the Municipal Code. The AMWC is a participant in the Nacimiento Water Project, which as currently approved, will deliver water from Nacimiento Lake to the AMWC service area. The AMWC must treat the water in accordance with the Department of Health Services regulations before distributing it to its share holders. One of the treatment alternatives that the AMWC is considering is a conventional treatment plant on the Industrial zoned property they currently operate. AMWC is also considering the relocation of its administrative offices to this property. The proposed text amendment to theZoningOrdinance includes changes made to Title 9-3.313 (Conditional uses in the Industrial Zone) and 9-3.303 (Conditional uses in the Industrial Park Zone). The amendment will add- utility service centers to the list of conditional uses in these zones. Changes are also made to section 9-3.701 (Purpose) to add to the definition of utility service centers. The definition of "utility service center' will be amended to include "production and treatment facilities." These additions will allow the current and anticipated uses of the AMWC on this site. 125 ITEM NUMBER: B - 1 DATE: 09/12/06 CITY OF ATAS-CADERO psi' er ® I: Industrial y '0asetio� Ra�oho dao - IP:Industrial Park Pepe . faa 0 y9��o 9��4e ' p w Atascadero Mutual �r Water Company Property f a� grrQ�o�ver�ugl ,f: ti - T rl Rra 'er�a u Avantibi Ar l{ 1: 6d4e iAA e nr r �Oga .Gourt Qitedfa Arid w ��Date�Printed'611312008< �714 ;S Prrinted by:;Gty of'Atascadero GIS Division 126 ITEM NUMBER: B -1 DATE: 09/12/06 2.) Sign Ordinance Text Amendment On May 9 2006 the Signage Task Force submitted a Management Report at the g p request of City Council. The report outlined portions of the sign ordinance in need of updating and provided recommendations for a sign text amendment. The proposed text amendment to the Signes changes Ordinance includes es made to Title 9-15.002 (Definitions), 9-15.003 (Applicability), and 9715.005 (Allowed Signs). The proposed amendment will update portions of the banner sign requirements and include provisions to allow free standing portable signs consistent with Council's request. In order to clarify the ordinance further, the, height of monument signs will be clarified in the ordinance. Currently, the sign ordinance prohibits the use of portable signs not permanently affixed to the ground or a building, including "A- frame" signs. The task force is recommending that the ordinance be updated to allow one portable sign, including an A-frame sign, per street frontage. Size restrictions for these signs are recommended for both safety and appearance reasons and are based on the size of the Carlton valet sign. The maximum size of the signs would be two feet wide by five feet tall, and the minimum height would be three feet. Portable signs must be located on the business's property or within the boundaries of the shopping center or commercial complex, unless an encroachment permit is obtained. The city would allow a 90 day amnesty period with no fee for encroachment permits of existing portable signs. These recommendations are included in the proposed text changed, and a general definition of portable signs is added to the ordinance. The ordinance would also be amended to remove portable signs from the list of prohibited signs. Carlton Valet Sign: Portable Sign By changing portable signs from a prohibited sign to an allowable sign in both the Commercial and Industrial zones, as well as the Downtown Districts, an increased number of this type of sign is to be expected. Many Atascadero businesses currently display portable and A-frame signs, sometimes in unsafe locations such as street intersections. By including this type of sign in the allowable sign section, the City will be able to regulate their size and location: Portable signs will be required to remain on the business's property. If a business owner wants to place the sign outside of their property boundaries, they may apply for an encroachment permit and the City will be able to evaluate if they proposed location would be a safety hazard or not. 127 ITEM NUMBER: B- 1 DATE: 09/12/06 Noy P A8LC$IQM ISI THS AREA STREET 00 PORTABLE SIGNS IN THIS AREA 3-1 34, RS � BSW 34' RAV RM-j PQR`TABLE SIGNS SMALL NOT BE LIME OF SIGHT 15 FROMi A POINT V HIGH ON PERMITTED WITHIN THE GIT ROADWAY TO A poiNT 9 HIaHi ON OTFIER. ROADWAY TRIANGLE INTERSECTIONS NO PORTABLE:SIGNS IN THIS AREA STREET .-----NO PORTABLE SIG IN THIS AREA F3 ... 34 2.4 fSW B� ic mw —I— ——-.__;;;;7 .. • PORTABLE SIGNS SMALL NOT BE LINE Of SIGHT IS FROM A Pt}IN'I'3"HIGH ON (PERMITTED WITHIN TIE SIGHT AREA, 11 CIRIVEWA Y TO A POINT X HIGH ON; ROADWAY G DRIVEWAYS NOTES_ RW I z PORTABLE SIGNS OVER 3' I CIOr1'I MUST CONFORMTO STANDARD DRAWING �419. Z ALL PORTABLE SIGNS SkALL 3'Mti+UC. BE ISSVIED AN ENCROACHIM NT PERMIT FROM THE CITY OF ATASCA AERO. 3. PORTABLE SIGNS MUST BE LOCATED DIRECTLY IN FRONT OFTHE PROPERTY wHE THE ADVERTISED BUSINESS IS LOCATED. 's. W MIN.FOR ADA ACCESS RA.YJN DY; CITY OF ATASCADERO .4 A. ENGINEERING DEPARTMENT DRAkIAtING NO. DESIGNED BY. Q,M.A. PORTABLE SIGN LOCATION Ds W' cis DRIVEWAYS AND INTERSECTING 435 FilF NAME:- ROADS AND SIDEWALKS • A.T4.35:DWG 128 ITEM NUMBER: B - 1 DATE: 09/12/06 The Public Works department has developed a sidewalk placement diagram for portable signs. Due to traffic safety issues, signs located on the sidewalk will be limited i to 3-feet in height. A special visibility analysis will be required for taller signs in the street right-of-way. As recommended by the Planning Commission Meeting, the City would require that the property owner indemnify the City in the event that there is any accident or liability as a result of the sign in the right of way. Portable"A-frame signs ns g The Signage Task Force has also identified the requirements of banner signs as a - section in need of clarification and expansion. The text update would extend the allowable time for a banner sign to remain up from twenty days to thirty days, and require that the sign then remain down for sixty days before another one can replace it. The text change would also expand the requirements of banner signs to require that the signs be secured flat against a building or structure. Banners would be allowed to remain up during the entire sign permit process. Temporary events, such as the farmers market, would be exempt from the limited size and number of banner signs. The last issue of the signage text change would be to clarify the height requirement of monument signs in the ordinance. Currently, contradictory height requirements for monument signs are listed in the ordinance. In section 9-15.002 (Definitions) a monument sign is defined as "A freestanding sign not exceeding six (6) feet in height..." Section 9-15.005 (Allowed Signs) more specifically states the "Maximum size of monument sign is not to exceed sixty (60) square feet, and a maximum height of ten (10) feet from- the natural grade." Since this second description is the most recent addition to the sign ordinance, staff is proposing that the first description, which limits maximum height at six feet, be removed from the ordinance. This would clarify and streamline the ordinance, removing the discrepancy and allowing all monument signs to be up to ten feet in height. • 129 ITEM NUMBER: B- 1 DATE: 09/12/06 i iris Atascadera City Council Management Report- Community Development Department Signage Task. Force Council Direction 5-9-06 Banner Sign Update Time Frame: allow banners up for 30 days then down for 60 days • Quantity: allow one (1) banner per public street frontage • Mounting: banners must be secured flat against a building or secure structure. « Exceptions: Banners may remain up during the entire sign permit and installation process. i « Public Info: Provide business owners notification if banners can be converted into permanent signs especially along freeways. « Temporary Events: Special exception for size and number of banners for temporary non profit type events (eg farmers market). A-Frame Sign Update • Quantity: allow one(1)A-frame sign per street frontage « Size: maximum size shall be two (2)feet wide by four(4)feet tall or size of Carlton Valet sign. • Location: A-frame signs must be located on business's property or within the boundaries of the shopping center or commercial complex. « Exceptions: encroachment permits are required for A-Frame signs located in the public right-of-way. Applicant to sign an acceptance of liability for signs in ROW. (The City will allow a 90-day amnesty period with no fee for encroachment permits of existing A-frame signs.) i 130 ITEM NUMBER: B- 1 DATE: 09/12/06 3.) Exterior Lightinci Standards The 2002 update to the General Plan Land Use, Open Space, and Conservation Element, identified areas of the Municipal Code in need of clarification and updating. Policy 1.4 of the Land Use Element states that the City it will "Ensure that `darkness' remain a rural characteristic by requiring that all exterior lighting does not result in significant off-site spillage or glare." Policy program 1.4:1. states: "Amend and maintain the Sign and Zoning Ordinances to require that all non-decorative exterior lighting shall be shielded to direct light toward buildings or the ground." The proposed text amendment to the Chapter 4 of the Municipal Code (General Site Design and Development Standards) will include these changes to Title 9-4.137(Exterior Lighting) to correspond with the General Plan requirements. Proposed Environmental Determination An Initial Study and proposed Negative Declaration for the project has been prepared with the recommended findings that there will be no significant adverse environmental impacts associated with this project application. CONCLUSIONS: The proposed text amendments are consistent with the General Plan, which is implemented by the Zoning Ordinance. The first portion of the proposed changes will allow for utility service centers,with Planning Commission approval, in the Industrial and Industrial Park Zones. The second portion of the proposed text amendment will clarify the Sign Ordinance requirements, and the third will clarify the Exterior Lighting Standards. The Planning Commission held a public hearing for this project on July 18, 2006 and recommends the text change to the City Council. ALTERNATIVES: 1 . The City Council may make modifications to the proposed text amendments. 2. The City Council may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Council should clearly state the type of information that is required and move to continue the item to a future date. 3. The City Council may deny the project. The Council should specify the reasons for denial of the project and recommend an associated finding with such action. 131 ITEM NUMBER: B -1 DATE: 09/12/06 ATTACHMENTS: Attachment 1: Initial Study and Draft Negative Declaration Attachment 2: Draft Resolution A Attachment 3: Draft Ordinance A Attachment 4: Portable Sign Encroachment Permit Diagram 132 ITEM NUMBER: B- 1 DATE: 09/12/06 ATTACHMENT 1: Initial Study and Negative Declaration 2006-0023 SEE FOLLOWING 133 CITY OF ATASCADERO Iola 19 9 COMMUNITY DEVELOPMENT DEPARTMENT NOTICE OF INTENT TO ADOPT PROPOSED NEGATIVE DECLARATION NOTICE IS HEREBY GIVEN that the Environmental Coordinator of the City of Atascadero has completed a review of the following project and is proposing the following environmental determination: Applicant: City of Atascadero,6907 El Camino Real,Atascadero,CA 93422 Phone: 805-461-5000 Project Title: Zone Change 2006-0117&PLN 2006-0110,Title 9 Planning and Zoning Text Amendments Project Citywide Location: Project The project consists of a revision to portions of Title 9 Planning and Zoning, of the Atascadero Description: Municipal Code(AMC). The proposed text amendments consist of three amendments that encompass the following: 1.) Zone text change to include "utility service centers" as a conditional use in the Industrial and Industrial Park Zones(AMC 9-3.303&9-3.313) 2.) Sign Ordinance update to elaborate on banner sign standards, include free standing "A-frame" signs, and clarify monument sign height on private commercial properties(AMC 9-15.002,9-15.003, &9-15.005) 3.)Text update to exterior lighting standards(AMC 9-4.137) Environmental Begins: June 23,2006 Review Dates: Ends: July 13,2006 Hearing Date: July 18,2006,7:00 p.m. Hearing City Hall,Council Chambers Location: 6907 El Camino Real,Atascadero,CA 93422 Proposed Based on the initial study prepared for the project, a Negative Declaration is Environmental proposed. The proposed Negative Declaration is available for public review from Determination: 6/23/06 through 7/13/06 at 6907 El Camino Real, Community Development Department from 8:00 a.m. to 5:00 p.m.,Monday through Friday. Any interested person may review the proposed Negative Declaration and project files. Questions should be directed to Callie Ford,Assistant Planner at 461-5000. Steven G.McHarris,Deputy Community Development Director Date Neg Dx PLN 2006-0110 Prim Dme:09/06/063:28 PM 6907 EL CAMINO REAL •ATASCADERO,CA 93422• (805)461-5000 • FAX 461-7612 134 i 1919 1 1978 CITY OF ATASCADERO CERTIFICATE OF FEE EXEMPTION 6907 El Camino Real Atascadero,CA 93422 805/461-5000 De Minimis Impact Finding Applicant: City of Atascadero,6907 El Camino Real,Atascadero,CA 93422 Phone: 805-461-5000 Project Title: Zone Change 2006-0117&PLN 2006-0110,Title 9 Planning and Zoning Text Amendments Project Citywide Location: Project The project consists of a revision to portions of Title 9 Planning and Zoning, of the Atascadero Description: Municipal Code(AMC). The proposed text amendments consist of three amendments that encompass the following: 1.) Zone text change to include"utility service centers" as a conditional use in the Industrial and Industrial Park Zones(AMC 9-3.303&9-3.313) 2.) Sign Ordinance update to elaborate on banner sign standards, include free standing "A-frame" signs, and clarify monument sign height on private commercial properties (AMC 9-15.002,9-15.003, &9-15.005) 3.)Text update to exterior lighting standards(AMC 9-4.137) FINDINGS OF EXEMPTION: 1. An Initial Study has been prepared by the Lead Agency to evaluate the project's effects on wildlife resources,if any. 2. The Lead Agency hereby finds that there is no evidence before the City that the project will have any potential for adverse effect on the environment. 3. The project Fl*will Z will not result in any changes to the following resources: (a) Riparian land,rivers,streams,watercourses and wetlands; (b) Native and non-native plant life and the soil required to sustain habitat for fish and wildlife; (c) Rare and unique plant life and ecological communities'dependant on plant life; (d) Listed threatened and endangered plants and animals and the habitat in which they are believed to reside; (e) All species listed as protected or identified for special management in the Fish and Game Code,the Public Resources Code,the Water Code or regulations adopted thereunder; (f) All marine and terrestrial species subject to the jurisdiction of the Department of Fish and Game and the ecological communities in which they reside;and (g) All air and water resources,the degradation of which will individually or cumulatively result in a loss of biological diversity among the plants and animals residing in that air and water. *If the project will result in changes to any of these resources,the City has,on the basis of substantial evidence, "rebutted"the presumption of adverse effect to these resources. A statement in support of this rebuttal is attached. CERTIFICATION: I hereby certify that the Lead Agency has made the above finding(s)of fact and based upon the Initial Study and the hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources,as defined in Section 711.2 of the Fish and Game Code. Steven G.McHarris,Deputy Community Development Director Date Neg Dm PLN 2006-0110 - Pant Date:09/041063:28 PM 6907 EL CAMINO REAL•ATASCADERO,CA 93422 • (805)461-5000 • FAX 461-7612 - 135 n a, ®;a r e .wo Y918 � -197s8 C"M CITY OF ATASCADERO NOTICE OF DETERMINATION 6907 El Camino Real Atascadero,CA 93422 805.461.5000 To: ® County Clerk,County of San Luis Obispo From: Steve McHarris,City of Atascadero Subject: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code STATE CLEARINGHOUSE#:N/A Applicant: City of Atascadero,6907 El Camino Real,Atascadero,CA 93422 Phone: 805-461-5000 Project Title: Zone Change 2006-0117&PLN 2006-0110,Title 9 Planning and Zoning Text Amendments Project Citywide Location: Project The project consists of a revision to portions of Title 9 Planning and Zoning,of the Atascadero Description: Municipal Code(AMC). The proposed text amendments consist of three amendments that encompass the following: 1.) Zone text change to include "utility service centers" as a conditional use in the Industrial and Industrial Park Zones(AMC 9-3.303&9-3.313) 2.) Sign Ordinance update to elaborate on banner sign standards, include free standing "A-frame" signs, and clarify monument sign height on private commercial properties(AMC 9-15.002, 9-15.003, &9-15.005) 3.)Text update to exterior lighting standards(AMC 9-4.137) This is to certify that the City of Atascadero,the®lead/a❑responsible agency approved the above-described project on June 21,2006 and made the following determinations: 1. The project❑will®will not have a significant effect on the environment. 2. ❑ An Environmental Impact Report was prepared and certified for this project pursuant to the provisions of CEQA and reflects the independent judgment of the Lead Agency. ® A Negative Declaration was prepared for this project pursuant to the provisions of CEQA and reflects the independent judgment of the Lead Agency. ❑ A Mitigated Negative Declaration was prepared for this project pursuant to the provisions of CEQA and reflects the independent judgment of the Lead Agency. 3. Mitigation measures®were❑were not made a condition of the approval of the project. 4. A Statement of Overriding Considerations❑was®was not adopted for this project. 5. Findings®were❑were not made pursuant to the provisions of CEQA. 6. The location and custodian of the documents which comprise the record of proceedings for the Final EIR(with comments and responses)or Mitigated Negative Declaration are specified as follows: Custodian: Steven G.McHarris,Deputy Community Development Director Location: Community Development Department,6905 El Camino Real,Atascadero,CA 93422 Steven G.McHarris,Deputy Community Development Director ,Date • Neg Dec PLN 2006-0110 Prins DNe:09/04/063:28 PM 6907 EL CAMINO REAL•ATASCADERO, CA 93422 • (805)461-5000•FAX 461-7612 136 _ nil ■.® ■ ■ 198 , .1 979 CITY OF ATASCADERO PROPOSED CAD NEGATIVE DECLARATION #2006-0023 6907 El Camino Real,Atascadero,CA 93422 805/461-5000 Applicant: City of Atascadero,6907 El Camino Real,Atascadero,CA 93422 Phone: 805-461-5000 Project Title: Zone Change 2006-0117&PLN 2006-0110,Title 9 Planning and Zoning Text Amendments Project Citywide Location: Project The project consists of a revision to portions of Title 9 Planning and Zoning, of the Atascadero Description: Municipal Code(AMC). The proposed text amendments consist of three amendments that encompass the following: 1.) Zone text change to include "utility service centers" as a conditional use in the Industrial and Industrial Park Zones(AMC 9-3.303&9-3.313) 2.) Sign Ordinance update to elaborate on banner sign standards, include free standing "A-frame signs, and clarify monument sign height on private commercial properties (AMC 9-15.002,9-15.003, &9-15.005) 3.)Text update to exterior lighting standards(AMC 9-4.137) Findings: 1. The project does not have theotential to degrade the environment. P g 2. The project will not achieve short-term to the disadvantage of long-tern environmental goals. 3. The project does not have impacts which are individually limited,but cumulatively considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. Determination: h i Based n o the above findings,and - the information contained in the initial stud 20 002 mad 06 3 e a art hereof b (made P Y reference and on file in the Community Development Department),it been determined the above project will not have an adverse impact on the environment. Prepared By: Callie Ford,Assistant Planner Date Posted: June 23,2006 Public Review Ends: July 13,2006 Attachments: Initial Study 2006-0023 Neg Dec PLN 2006-0110 - Print Dale:09/04/063:28 PM 6907 EL CAMINO REAL•ATASCADERO,CA 93422 • (805)461-5000 FAX 461-7612 137 CITY OF ATASCADERO INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM Environmental Review 2006-0023 Applicant: City of Atascadero,6907 El Camino Real,Atascadero,CA 93422 Phone: 805-461-5000 Project Title: Zone Change 2006-0117&PLN 2006-0110,Title 9 Planning and Zoning Text Amendments Project Citywide Location: Project The project consists of a revision to portions of Title 9 Planning and Zoning, of the Atascadero Description: Municipal Code(AMC). The proposed text amendments consist of three amendments that encompass the following: 1.) Zone text change to include "utility service centers" as a conditional use in the Industrial and Industrial Park Zones(AMC 9-3.303&9-3.313) 2.) Sign Ordinance update to elaborate on banner sign standards, include free standing "A-frame signs, and clarify monument sign height on private commercial properties(AMC 9-15.002,9-15.003, &9-15.005) 3.)Text update to exterior lighting standards(AMC 9-4.137) Lead Agency Name City of Atascadero and Address: 6907 El Camino Real,Atascadero,CA 93422 Contact Person and Callie Ford, Assistant Planner Phone Number: City of Atascadero 6907 El Camino Real Atascadero, CA 93422 General Plan Citywide Designation: Zoning: Citywide Surrounding Land Citywide Uses and Setting: Other public agencies whose approval is required (e.g.,permits, financing approval,or participation agreement) • 09/04/06 Neg Dec PLN 2006-0110 138 Iola CAD , CITY OF ATASCADERO i INITIAL STUDY ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project,involving at least one impact that is a 'Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils Hazards &Hazardous ❑ Hydrology/Water Quality ❑ Land Use/Planning Materials ❑ Mineral Resources ❑ Noise ❑ Population/Housing Public Services ❑ Recreation ❑ Transportation/Traffic Utilities/Service Systems F-1Mandatory Findings of Significance On the basis of this initial evaluation: Z I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ❑ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a"potentially significant effect"or"potentially significant unless mitigated"impact on the environment,but at least one effect 1)has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2)has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required,but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards and(b)have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Callie Ford Assistant Planner 09/04/06 Nag Dec PLN 2006-0110 139.. CITY OF ATASCADERO INITIAL STUDY EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except"No Impact" answers that are adequately supported by the information sources a Lead Agency cites following each question. A"No Impact' answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved(e.g.the project falls outside a fault rupture zone). A"No Impact"answer should be explained where it is based on project-specific factors as well as general standards(e.g. the project will not expose sensitive receptors to pollutants,based on a project-specific screening analysis). 2) All answers must take account of the whole action involved,including off-site as well as on-site,cumulative as well as project-level,indirect as well as direct,and construction as well as operational impacts. 3) 'Potentially Significant Impact' is appropriate if there is substantial evidence that an effect is significant. If there are one or more"Potentially Significant Impact'entries when the determination is made,an EIR is required. 4) 'Potentially Significant Unless Mitigation Incorporated"applies where the incorporation of mitigation measures has reduced an effect from'Potentially Significant Impact' to a "Less than Significant Impact." The Lead Agency must describe the mitigation measures,and briefly explain how they reduce the effect to a less than significant level(mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses maybe used where,pursuant to the tiering,program EIR,or other CEQA process,an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVII at the end of the checklist. • 6) Lead Agencies are encouraged to incorporate into the checklist references information sources for potential impacts(e.g.general plans,zoning ordinances). Reference to a previously prepared or outside document should,where appropriate, include a reference to the page or pages where the statement is substantiated. A source list should be attached. Other sources used or individuals contacted should be cited in the discussion. • 09/04/06 Nag Dec PLN 2006-0110 140 CITY OF ATASCADERO INITIAL STUDY Initial Study 20060023 Potentially Less Than Less Than No • Significant Significant with Significant Impact ZCH 2006-0117 Impact Mitigation Impact Incorporation Text Amendment 1.AESTHETICS--Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including,but not F 0 El Z limited to,trees,rock outcroppings, and historic buildings within a state scenic highway? c)Substantially degrade the existing visual character or quality of the site and its surroundings? d)Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area? V\J El SOURCES: Project Description. DISCUSSION: 1.a)As proposed,the text amendments will clarify standards for banner signs, include free standing"A-frame"signs, clarify monument sign height, update exterior lighting standards,and include"utility service centers"as a conditional use in the Industrial and Industrial Park Zones. 1.b)The text amendments will not damage scenic resources. 1.c)The proposed text amendments to the lighting standards will reduce the amount of light and glare by requiring that lights be shielded. 1.d)The text amendment will enforce the general plan policy to ensure that"darkness"remain a rural characteristic by requiring that all exterior lighting be shielded so that it does not result in significant off-site spillage or glare. 2.AGRICULTURAL RESOURCES:In determining whether impacts to agricultural resources are significant environmental effects,lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model(1997)prepared by the California Dept.of Conservation as an optional model to use in assessing impacts on agriculture and farmland.Would the project: a)Convert Prime Farmland, Unique Farmland,or Farmland ❑ Z of Statewide Importance(Farmland),as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency,to non- agricultural use? b)Conflict with existing zoning for agricultural use,or a El ❑ Williamson Act contract? c) Involve other changes in the existing environment which, El due to their location or nature, could result in conversion of Farmland,to non-agricultural use? SOURCES:Project Description, Land Use Element EIR. DISCUSSION 2.a. The affected zones are not shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency as prime farmland. 2.b. The project will not affect any Williamson Act contract. 2.c. The project will not result in the conversion of farmland to non-agricultural uses. . 09/04/06 Page 3 Neg Dec PLN 2006-0110 141 CITY OF ATASCADERO INITIAL STUDY • Initial Study 20060023 Potentially Less Than Less Than No Significant Significant with Significant Impact ZCH 2006-0117 Impact Mitigation Impact Incorporation Text Amendment 3.AIR QUALITY--The significance criteria established by the Air Quality Control District in its CEQA Guidelines may be relied upon to make the following determinations.Would the project: a)Conflict with or obstruct implementation of the applicable air quality plan? b)Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant17 El El concentrations? e)Create objectionable odors affecting a substantial number of people? SOURCES: Project Description. DISCUSSION: 3.a-e)The text amendment will not have an effect on current air quality standards. 4. BIOLOGICAL RESOURCES--Would the project: a) Have a substantial adverse effect,either directly or through habitat modifications,on any species identified as a candidate,sensitive,or special status species in local or regional plans, policies,or regulations,or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies,or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh,vernal pool,coastal, etc.)through direct removal,filling,hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with F1 E established native resident or migratory wildlife corridors, or 09/04/06 Page 4 Neg Dec PLN 2006-0110 142 ". CITY OF ATASCADERO INITIAL STUDY Initial Study 2006-0023 Potentially Less Than Less Than No Significant Significant with Significant Impact ZCH 2006-0117 Impact Mitigation Impact Text Amendment Incorporation impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting 17 biological resources,such as a tree preservation policy or ordinance? f)Conflict with the provisions of an adopted Habitat Conservation Plan,Natural Community Conservation Plan, El 1-1 rV7.1 or other approved local, regional, or state habitat conservation plan? SOURCES: Project description. DISCUSSION: 4.a-.f) Signage and lighting standards will not have an effect on biological resources. Any new utility service centers proposed in the Industrial zones in the future will be reviewed for conformance with city policy and environmental impacts. 5. CULTURAL RESOURCES--Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in 15064.5? b)Cause a substantial adverse change in the significance of an archaeological resource pursuant to 15064.5? • c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred I^I outside of formal cemeteries? l_I SOURCES: Project description. DISCUSSION:5.a.b.c.d. The text amendments will not damage cultural resources. 6.GEOLOGY AND SOILS--Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury,or death involving: i) Rupture of a known earthquake fault,as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii)Strong seismic ground shaking? 17 El El 142SI iii) Seismic-related ground failure, including liquefaction? El El 0 Z iv) Landslides? ❑ ❑ ❑ Z 09/04/06 Page 5 Neg Dec PLN 2006-0110 143 CITY OF ATASCADERO INITIAL STUDY Initial Study 2006-0023 Potentially Less Than Less Than No Significant Significant with Significant Impact ZCH 2006-0117 Impact Mitigation Impact Text Amendment Incorporation b) Result in substantial soil erosion or the loss of topsoil? E] El LLI c)Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project,and El El 0 potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code(1994),creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of 17 septic tanks or alternative wastewater disposal systems El El El where sewers are not available for the disposal of wastewater? SOURCES: Project description. DISCUSSION: 6.a-e).The text amendment will not have an effect on soil or geology. 7. HAZARDS AND HAZARDOUS MATERIALS-Would the project: a)Create a significant hazard to the public or the f-1 environment through the routine transport, use,or disposal uVN of hazardous materials? b)Create a significant hazard to the public or the environment through reasonably foreseeable upset and El El accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials,substances,or waste within one- quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and,as a result,would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan area or,where such a plan has not been adopted,within two El I"Z27sil miles of a public airport or public use airport,would the project result in a safety hazard for people living or working in the project area? f) For a project within the vicinity of a private airstrip,would the project result in a safety hazard for people living or working in the project area? g) Impair implementation of or physically interfere with an E ❑ 09/04/06 Page 6 Neg Dec PLN 2006-0110 144 CITY OF ATASCADERO INITIAL STUDY Initial Stud 2006-0023 Potentially Less Than Less Than No Study Significant Significant with Significant Impact ZCH 2006-0117 Impact Mitigation Impact Text Amendment Incorporation adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, El El El injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? SOURCES: Project description. DISCUSSION 7a-h.)The text amendment alone will not create an impact to hazards or hazardous materials. 8.HYDROLOGY AND WATER QUALITY--Would the project: a)Violate any water quality standards or waste discharge requirements? b)Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g.,the production rate of previously-existing nearby wells would drop to a level that would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site j or area, including through the alteration of the course of a u stream or river, in a manner which would result in substantial erosion or siltation on or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on-or off-site? e)Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f)Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures that would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? 09/04/06 Page 7 Ne9 Dec PLN 2006-0110 145 CITY OFATASCADERO INITIAL STUDY Initial Stud 2006-0023 Potentially Less Than Less Than No Study Significant Significant with Significant Impact ZCH 2006-0117 Impact Mitigation Impact Text Amendment Incorporation j) Inundation by seiche,tsunami,or mudflow? ❑ ❑ SOURCES: Project description. DISCUSSION:The proposed text amendment alone will not create significant impacts to water resources. Landscaping requirements will be reviewed at the project level and be subject to current city policy. 9. LAND USE AND PLANNING-Would the project: a) Physically divide an established community? ❑ ❑ ❑ b) Conflict with any applicable land use plan,policy, or ❑ ❑ ❑ regulation of an agency with jurisdiction over the project (including,but not limited to the general plan, specific plan, local coastal program, or zoning ordinance)adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or El 11 11natural community conservation plan? SOURCES: Land Use Element; Circulation Element; project description; Land Use Element EIR. DISCUSSION: 9.-c.) The proposed text amendments will clarify existing standards and provide additional standards to projects and development review. 10.MINERAL RESOURCES--Would the project: a) Result in the loss of availability of a known mineral ❑ ❑ ❑ resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally-important ❑ ❑ ❑ 17 mineral resource recovery site delineated on a local general plan,specific plan or other land use plan? SOURCES: Project description. DISCUSSION: 10.a.b. The text amendment will not have an effect on mineral resources. 11. NOISE--Would the project result in: a)Exposure of persons to or generation of noise levels in ❑ ❑ ❑ excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ❑ ❑ ❑ ground-borne vibration or ground-borne noise levels? 09/04/06 Page 8 Neg Dec PLN 2006-0110 146 CITY OF ATASCADERO INITIAL STUDY Initial Study 20060023 Potentially Less Than Less Than No Significant Significant with Significant Impact ZCH 2006-0117 Impact Mitigation Impact Text Amendment Incorporation c)A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d)A substantial temporary or periodic increase in ambient E El El noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted,within two miles of a public airport or public use airport,would the project expose people residing or working in the project area to excessive noise levels? f) Fora project within the vicinity of a private airstrip,would 17 the project expose people living or working in the project El area to excessive noise levels? SOURCES: Project description. DISCUSSION: 11 a-f.)The text amendments will not create additional noise levels inconsistent with current standards. 12. POPULATION AND HOUSING--Would the project: a) Induce substantial population growth in an area,either ❑ ❑ E directly(for example, by proposing new homes and businesses)or indirectly(for example,through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the 117 construction of replacement housing elsewhere? SOURCES: Project description; General Plan Land Use Element. DISCUSSION: 12.a-c.) No persons will be displaced through this text amendment nor will it induce population growth. 13. PUBLIC SERVICES a)Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governnlental facilities, need for new or physically altered governmental facilities,the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: 09/04/06 Page 9 Neg Dec PLN 2006-0110 147 s " a� CITY OF ATASCADERO INITIAL STUDY Initial Study 2006-0023 Potentially Less Than Less Than No Significant Significant with Significant Impact ZCH 2006-0117 Impact Mitigation impact Incorporation Text Amendment Fire protection? Police protection? 17 Schools? El El El Parks? El El N Other public facilities? SOURCES: Project description; Land Use Element EIR. DISCUSSION: The text amendments will not create additional impacts to city services. 14. RECREATION-- a)Would the project increase the use of existingEl V\J neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require 0 El 0 IvEll the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? SOURCES: Project description; Parks and Recreation Element. DISCUSSION: 14.a-b).The text amendments are not associated with the uses of recreational facilities. 15.TRANSPORTATION/TRAFFIC--Would the project: a)Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips,the volume to capacity ratio on roads,or congestion at intersections)? b) Exceed, either individually or cumulatively,a level of service standard established by the county congestion 11 management agency for designated roads or highways? c) Result in a change in air traffic patterns,including either 17 an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature 17 (e.g.,sharp curves or dangerous intersections)or incompatible uses(e.g.,farm equipment)? e) Result in inadequate emergency access? EJ 09/04/06 Page 10 Neg Dec PLN 2006-0110 148 CITY OF ATASCADERO INITIAL STUDY Initial Study 2006-0023 Potentially Less Than Less Than No Significant Significant with Significant Impact ZC.H 2006-0117 Impact Mitigation Impact Text Amendment incorporation f) Result in inadequate parking capacity? ❑ El LEI g)Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g.,bus turnouts, bicycle racks)? SOURCES: Land Use Element; Circulation Element; Project Description. DISCUSSION: 15a-f). The proposed text amendments will not create an impact on traffic or circulation. 16.UTILITIES AND SERVICE SYSTEMS--Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities,the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities,the construction of which could cause significant environmental effects? d)Have sufficient water supplies available to serve the U project from existing entitlements and resources, or are new VN or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g)Comply with federal,state,and local statutes and regulations related to solid waste? 11 El 11 E SOURCES: Project description; Land Use Element. DISCUSSION: The text change will conditionally allow for utility service centers in the Industrial zone,therefore allowing the Atascadero Mutual Water Company to apply for a Conditional Use permit to expand their existing facility. 17.MANDATORY FINDINGS OF SIGNIFICANCE-- a) Does the project have the potential to degrade the quality of the environment,substantially reduce the habitat of a fish El El El or wildlife species,cause a fish or wildlife population to drop below self-sustaining levels,threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate 09/04/06 Page 11 Neg Dec PLN 2006-0110 149 CITY OFATASCADERO INITIAL STUDY Initial Stud 2006-0023 Potentially Less Than Less Than No Study Significant Significant with Significant Impact ZCH 2006_0117 Impact Mitigation Impact Incorporation Text Amendment important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually F ❑ ❑ limited, but cumulatively considerable?("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects,the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects that will ❑ cause substantial adverse effects on human beings,either directly or indirectly? DISCUSSION: The proposed text amendments will provide standards and clarification where needed. Additional sign and lighting standards are proposed,and an additional use is proposed for the Industrial and Industrial Park zones. The proposed project has.been analyzed as required by CEQA. It has been determined that the Title 9 Planning and Zoning Text Change will not have an adverse impact on the environment. SOURCES: General Plan Land Use Element, City of Atascadero,2002 Zoning Ordinance,part of Municipal Code,City of Atascadero,as amended through 1999. Land Use Element Environmental Impact Report(EIR),Crawford,Multari,&Clark, adopted 2002 • PROJECT SOURCES: Project Description • 09/04/06 Page 12 Neg Dec PLN 2006-0110 150 ITEM NUMBER: B - 1 DATE: 09/12/06 ATTACHMENT 2: Draft Resolution A-Negative Declaration DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, CERTIFYING PROPOSED NEGATIVE DECLARATION 2006-0023 PREPARED FOR ZONE CHANGE 2006-0117 (Citywide/City of Atascadero) WHEREAS, an application has been received from the City of Atascadero (6907 El Camino Real),to consider a project consisting of Zone Change Text Amendments; and, WHEREAS, an Initial Study and Proposed Negative Declaration 2006-0023 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission of the City of Atascadero held a public hearing on July 18, 2006 following the close of the review period to consider the Initial Study and Proposed Negative Declaration; and; WHEREAS, the Planning Commission has determined that the project will have no significant impacts; and, NOW-THEREFORE, the City Council of the City of Atascadero, hereby resolves to certify Proposed Negative Declaration 2006-0023 based on the following Findings, and as shown in Exhibit A: 1. The Proposed Negative Declaration has been completed in compliance with CEQA; and, 2. The Proposed Negative Declaration was presented to the Planning Commission, and the information contained therein was considered by the Planning Commission, prior to recommending action on the project for which it was prepared; and, 3. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project; and, '4. The project will not achieve short-term to the disadvantage of long-term environmental goals; and, 5. The project does not have impacts which are individually limited, but cumulatively considerable; and, 151 ITEM NUMBER: B- 1 DATE: 09/12/06 6. The project will not cause substantial adverse effects on human beings either directly or indirectly; and, On motion by Council Member and seconded by Council Member the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES ABSENT: ADOPTED: CITY OFATASCADERO By: Tom O'Malley, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Patrick L.Enright, City Attorney 152 ITEM NUMBER: B- 1 DATE: 09/12/06 Exhibit A Proposed Negative Declaration 2006-0023 �r\ � a CITE:' OF ATASCADERG PROPOSED NEGATIVE DECLARATION ION #2006-0023 6907 El Camino Real,Atascadero,CA 93422 805/461-5000 Applicant. City of Atascadero,6907 El Camino Real,Atascadercr,CA 93422 Phone:805-461-5000 Project Title; Zone Change 2006-0117&PLN 2006-0110,Title 9'Planning and.ironing Text Amendments Project Cnyxvidc Location: Project The prglect-consists of a revision to portions of Title 9 planning and Zoning; of the Ataseadero dtn Description: Municipal Code(AMC). The proposed text amendments consist of three amenenis that encompass the followings 1.) Zane text change to include"utility service centers" as a conditional use in the Industrial and Industrial Park Zones(AMC 9-3.30Y&9-3.313). ?.) Sign.Ordinance update to elaborate on:banner sign standards, include free standing `A-frame signs,and clarify monument sign height on private commercial properties(AMC 9.15.002,9-15.003, 9.15.005) 3.)Text update:to exterior light4 standards(AMC 9-4.137) Findings. 1. The project does,not have the potential to degrade the-environment. '2. The project will not achieve short-term to the disadvantage of long-term environmental goals. 3, The project does not have impacts which are individually limited,but cumulatively considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. Determination; Based on the above findings,and the information contained in the initial study 2006-0023(made apart hereof by reference and on file in the Community_Development Department),it has been determined the above project will not have an adverse impaction the environment. Prepared By: Callie Ford,Assistant Planner Date Posted.. June 23,2006 Public Review Ends. July 13.,2006 Attachments: Initial Study 2006-0023 153 ITEM NUMBER: B- 1 DATE: 09/12/06 ATTACHMENT 3: Draft Ordinance A-Code Text Amendment DRAFT ORDINANCE A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING ZONE CHANGE 2006-0117 AMENDING ATASCADERO MUNICIPAL CODE TO ESTABLISH AN INDUSTRIAL ZONE TEXT CHANGE, SIGN ORDINANCE TEXT CHANGE,AND EXTERIOR LIGHTING STANARDS TEXT CHANGE (Citywide/City of Atascadero) The City Council hereby finds and declares as follows: WHEREAS, an application has been received from the City of Atascadero (6907 El Camino Real), to consider Zone Change Text Amendments to conditionally allow utility service centers in Industrial Zones and Industrial Park Zones, a Sign Ordinance Text Change to clarify standards for banner signs, portable signs, and monument signs, and an Exterior Lighting Text Change to coincide with the General Plan requirements; and, WHEREAS, an Initial Study and Draft Negative Declaration 2006-0023 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to Title 9 Planning and Zoning of the Municipal Code; 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 Planning and Zoning Text Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Planning and Zoning text amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on July 18, 2006, studied and considered Zone Change,;2006-0117; and, WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on September 12, 2006 studied and considered Zone Change 2006-0117; and, 154 ITEM NUMBER: B- 1 DATE: 09/12/06 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. Findings for Approval of a Zone Text Change. The City Council finds as follows: 1. The Planning and Zoning Text Change is consistent with General Plan policies and all other applicable ordinances and policies of the City. 2. Amendment of the Zoning Ordinance, Sign Ordinance,and Exterior Lighting Standards will provide for the orderly and efficient use of lands where such development standards are applicable. 3. The text change will not, in itself, result in significant environmental impacts. SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on September 12, 2006 resolved to introduce for first reading by title only, an ordinance that would amend the City Zoning code text as follows: Chapter 3 ZONING DISTRICTS Article 17.1P (Industrial Park)Zone 9-3.303 Conditional uses. The following uses may be allowed in the Industrial ParkZone. The establishment of conditional uses shall be provided by Section 9-2.109 (Conditional use permits): (a) Agricultural processing; (b) Chemical products; (c) Concrete, gypsum, and plaster products; (d) Caretaker residence (see Section 9-6.104); (e) Glass products manufacturing; (f) Machinery manufacturing; (g)Lumber and wood products; (h)Paving materials; (i) Pipelines; 0) Plastic and rubber products; (k) Recycling and scrap (see Section 9-6.131); (1) Schools-business and vocational (see Section 9.6.125); (m)Textile mills; (n) Transit stations and terminals; (o) Vehicle and freight terminals; (p)Paper products; (q) Structural clay pottery products; (r) Indoor recreation; 155 ITEM NUMBER: B -1 DATE: 09/12/06 (s) Recycling centers (see Section 9-6.132); (t) Utility service centers; (g) Sales lgts (see Section 9-6.139). (Ord. 364 § 2 (part), Exh. B (part), 1999: Ord. 237 § 1 (D) (part), 1992; Ord. 77 § 1 (2), 1984: Ord. 68 § 9-3.303, 1983) Article 18. 1 (Industrial) Zone 9-3.313 Conditional uses. The following uses may be allowed in the Industrial Zone. The establishment of conditional uses shall be asrovided b Section 9-2.109 (Conditional use permits): P Y (a)Chemical products; (b) Caretaker residence (see Section 9-6.104); (c)Petroleum refining and related products; (d)Textile mill; (e)Metal industries—primary; (f)Pipelines; (g)Recycling and scrap (see Section 9-6.131); (h) School—business and vocational (see Section 9-6.125); (i)Transit stations and terminals; 0)Vehicle and freight terminals; (k)Plastic and rubber products; (1)Recycling centers (see Section 9-6.132); (m)Utility service centers; I (nm) Sales lots (see Section 9-6.139). (Ord. 364 § 2 (part), Exh. B (part), 1999: Ord. 237 § 1 (D) (part), 1992; Ord. 68 § 9-3.313, 1983) Article 29. Land Use Descriptions I 9-3.701 Purpose. This section contains descriptions of the types of land uses which can be established under this article. The uses described here are allowed in the various zoning districts established. The description of land uses are intended only to list the various land uses included under each general heading and do not explain what permit requirements or performance standards may be applicable to a given use. Accessory Storage. The indoor or outdoor storage of various materials on the same site as a principal building or land use which is other than storage, which supports the activities or conduct of the principal use. Agricultural Accessory Uses. Includes any use that is customarily part of an agricultural activity and is clearly incidental and secondary to that activity and does not change the character of the agricultural use. Agricultural accessory uses include grazing, crop production to feed animals, and related storage of vehicles and personal property, and accessory structures including barns,stables and corrals. Ag Processing. Establishment performing a variety of operations on crops subsequent to their harvest, with the intent of preparing them for market or further processing and packaging at a distance from the agricultural area including: alfalfa cubing; hay baling and cubing; corn shelling; drying of corn, rice, hay,fruits and vegetables; fruit and 156 I ITEM NUMBER: B- 1 DATE: 09/12/06 vegetables; grain cleaning and custom grinding; custom grist mills; custom milling of flour, feed and grain; sorting, grading and packaging of fruits and vegetables; tree nut hulling and shelling; cotton ginning; and wineries. Amusement Services. Establishments providing indoor amusement or entertainment on payment of a fee or admission charge, such as: arcades and coin-operated amusements; card rooms,billiard and pool halls as a primary use; alleys; ice skating and roller skating; dance halls, and ballrooms which are principal uses rather than being subordinate to an eating or drinking place; gymnasiums, reducing salons, health and exercise facilities that do not include courts or similar facilities designed for tennis, handball, racquetball or similar indoor participation sports. Animal Hospitals. Establishments primarily engaged in performing services for animals, including veterinary services and animal hospitals. Does not include kennels, which are listed as a separate category. Apparel and Finished Products. Manufacturing establishments, known as the cutting-up and needle trades, producing clothing and fabricating products by cutting and sewing purchased woven or knit textile fabrics,plastics and furs. Included in the apparel industries are three (3)types of establishments: (i) "regular" or inside factories; (2) contract factories; and (3) apparel jobbers. Regular factories perform all of the usual manufacturing functions within their own plant; the contract factories manufacture apparel from materials owned by others; and apparel jobbers perform the entrepreneurial functions of a manufacturing company, such as buying raw materials, designing and preparing samples, arranging for the manufacture of the garments from their materials and selling of the finished apparel. Also includes leather and leather products, tanning and finished products. Custom tailors and dressmakers not operating as a factory are not included. Auto Dealers (New and Used) and Supplies. Retail and wholesale trade establishments selling new and used automobiles, including but not limited to, light trucks, motorcycles and mopeds. Also includes establishments selling new parts and accessories within a building for the above.Does not include establishments dealing exclusively in used parts. Includes automobile repair shops only when maintained by establishment engaged in the sale of vehicles on the same site. Does not include "service stations,"which are separately defined. Auto Repair and Services. Service establishments primarily engaged in the repair, alteration,painting, washing or waxing of automobiles. May also include rental of cars, trucks or trailers;leasing of cars and trucks. Does not include repair shops which are subordinate to and maintained by a vehicle dealership. Bar/tavern. Establishments where alcoholic beverages are sold for on-site consumption, which is not part of a larger restaurant. Includes bars, taverns, pubs,night clubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May also include beer brewing as part of a microbrewery, and other beverage tasting facilities. Does not include adult entertainment businesses. Bed and Breakfast. Transient lodging establishments primarilyengaged in providing overnight or otherwise temporary lodging for the general public. Such establishments provide limited meal service, generally breakfast, for lodgers. Broadcasting Studios. Communications uses including radio, television, telegraph and telephone broadcasting and receiving stations which are facilities and equipment enclosed 157 ITEM NUMBER: B- 1 DATE: 09/12/06 entirely within buildings, except for accessory transmission facilities such as antennas, satellite receiving dishes and similar transmission and receiving apparatus. Building Materials and Hardware. Retail trade establishments primarily engaged in the sale of lumber and other building materials, including paint, wallpaper, glass, hardware, nursery stock, lawn and garden supplies. Includes all such stores selling to the general public, even if sales to contractors account for a larger proportion of total sales. Establishments primarily selling plumbing, heating,and air conditioning equipment and electrical supplies are classified in "Wholesaling and Distribution." Business Support Services. Service establishments housed primarily within buildings, which provide particular businesses with services that are maintenance and repair related, service oriented, testing, rental, etc. This group includes: outdoor advertising services; mail advertising services (reproduction and shipping); blueprinting,photocopying, photofinishing, commercial art and design (production); services to structures, such as window cleaning, exterminators,janitorial services; heavy equipment and business equipment repair services including welding repair and armature rewinding and repair (except vehicle repair which is included under"Auto Repair and Service"); computer related services (rental,repair, and maintenance); research and development laboratories, including testing facilities;protective services (other than office-related); equipment rental yards are included under"Vehicle and Equipment Storage" and which include the leasing of tools, machinery and other business items, except vehicles; trading stamp services: repair of large size consumer products including major appliances; and other business services that maybe of a"heavy service" nature. Caretaker Residence. A permanent residence that is secondary or accessory to the principal use activity occurring on a property. A caretaker dwelling is used for housing a caretaker employed on the site of any nonresidential use where a caretaker is needed for security purposes or to provide twenty-four (24) hour care or monitoring of plants, animals, equipment, or other conditions on the site. Also includes separate quarters for servants who are employed by the occupant of the principal dwelling on the property. Does not include housing for caretaker-type employees in the Agriculture Zone which is defined as "Farm Labor Quarters." Cemeteries. Interment establishments engaged in subdividing property into cemetery lots and offering burial plots or air space for sale.Includes animal cemeteries and cemetery, mausoleum and columbarium operations.Excludes funeral parlor and related facilities which are listed under"Funeral Services." Chemical Products. Manufacturing establishments producing basic chemicals and establishments manufacturing products predominantly by chemical processes. Establishments classified in this major group manufactures three (3) general classes of products: (1) basic chemicals such as acids, alkalis, salts, and organic chemicals; (2) chemical products to be used in further manufacture such as synthetic fibers, plastic materials, dry colors,and pigments; (3) finished chemical products to be used for ultimate consumption such as drugs, cosmetics, and soaps; or to be used as materials or supplies in other industries such as paints, fertilizers and explosives. Churches and Related Activities. Religious organization facilities operated for worship or for promotion of religious activities,including churches and religious Sunday-type schools. Other establishments maintained by religious organizations, such as educational institutions, hospitals and other operations that may be considered commercial in nature 158 ITEM NUMBER: B-1 DATE: 09/12/06 if not run by the religious organization (such as a recreational camp) are classified according to their respective activities. Collection Stations. Facilities for the temporary accumulation and storage of recyclable discarded materials, which are subsequently transported to recycling centers or solid waste disposal sites for further processing. Does not include automobile wrecking yards or any recycling processing facilities, which are listed under"Recycling and Scrap." Does not include temporary storage of toxic, mutagenic or radioactive waste materials. Concrete, Gypsum, and Plaster Products. Manufacturing establishments primarily engaged in producing concrete building block, brick and all types of precast and prefab concrete products.Also includes ready-mix concrete batch plants, lime manufacturing, and the manufacture of gypsum products, such as plasterboard. Contract Construction Services. Service establishments primarily engaged in construction, including new work, additions, alterations, and repairs. Construction activities are generally administered or managed from a relatively fixed place of business, but the actual construction work is performed at one or more different sites which may be dispersed geographically. Three (3)broad types of construction activity are covered: building construction by general contractors or by operative builders,other construction by general contractors, and construction by special trade contractors such as electrical,air conditioning and plumbing contractors, or others such as well drilling services. The installation of prefabricated buildings and equipment is also included. Crop Production and Grazing. Agricultural uses including the production of grains, field crops, vegetables, melons,fruits,tree nuts, flower fields and seed production,tree and sod farms, crop services and crop harvesting. Also includes the raising or feeding of beef cattle, sheep and goats by grazing or pasturing. Does not include feedlots, which are not allowed. Eating and Drinking Places. Restaurants and other establishments selling prepared foods and drinks for consumption on the premises, as well as facilities for dancing and other entertainment which are secondary and subordinate to the principal use of the establishment as an eating and drinking place. Also includes lunch counters and refreshment stands selling prepared goods and drinks for immediate consumption. Restaurants, lunch counters, and drinking places operated as subordinate service facilities within other establishments are not included here unless they are operated as leased departments by outside operators. Does not include establishments with drive-through facilities. Eating and Drinking Places with Drive-Through Facilities.Establishments which include points of service where customers are served prepared food without leaving their vehicles. Electronic and Scientific Instruments.Manufacturing and establishments producing instruments (including professional and scientific) for measurement, testing, analysis and control, and their associated sensors and accessories; optical instruments and lenses; surveying and drafting instruments; surgical, medical, and dental instruments, equipment, and supplies; ophthalmic goods; photographic equipment and supplies; and watches and clocks; and electrical instruments, components and equipment including integrated circuits, semiconductors, calculators and computers. Farm Animal Raising.The keeping, feeding or grazing of animals as an avocation, hobby, or school project, subordinate to the principal residential use of a property, 159 ITEM NUMBER: B- 1 DATE: 09/12/06 includes species commonly considered as farm animals as well as exotic species,but does i not include household pets. See also "Livestock Specialties." Farm Equipment and Supplies. Establishments primarily engaged in the sale or rental of agricultural machinery and equipment for use in the preparation and maintenance of the soil, the planting and harvesting of crops, and other operations and processes pertaining to work on the farm; also dairy and other livestock equipment. Includes agricultural machinery,dairy farm machinery and equipment, irrigation equipment, poultry equipment and frost protection equipment;hay, grain and feed sales. Farm Labor Quarters. Includes residences,rooming houses and boardinghouses and mess halls for farm workers employed on land owned by the owner of the building site on which the quarters are located. Financial Services. Service establishments primarily engaged in the field of finance, including: banks and trust companies; credit agencies other than banks; brokers and dealers in securities and commodity contracts; security and commodity exchanges; holding (but not predominantly operating)companies; and other investment companies. Fisheries and Game Preserves.Resource extraction operations engaged in commercial fishing (including marine-related animals,mammals,etc.) and the operation of fish hatcheries,fish and game preserves and game propagation. Food and Beverage Retail Sales. Retail trade establishments primarily engaged in selling food for home preparation and consumption, as well as the retail sale of packaged alcoholic beverages for consumption off the premises, including wine tasting facilities. which are not on the same site as the winery. Establishments (except for wine tasting facilities) may include no more than two (2) gas pumps as an accessory use. Food and Kindred Products. Manufacturing establishments engaged in producing or processing foods and beverages for human consumption and certain related products. Includes: (1) meat and poultry products (slaughtering, canning, and curing and by- product processing); (2) dairy products processing; (3) canned and preserved fruit and vegetables and related processing; (4) grain mill products and by-products; (5)bakery products, sugar and confectionery products; (6)fats and oil products; (7)beverages and liquors (except wineries, which are included under"Ag Processing"); and (8) miscellaneous food preparation from raw products. Operations on crops subsequent to their harvest are included under"Ag Processing." Forestry. Establishments primarily engaged in the operation of timber tracts, tree farms, forest nurseries, and related activities such as reforestation services; also the gathering of gum barks, sap, moss and other forest products. Does not include logging camps. Fuel and Ice Dealers. Retail trade establishments primarily engaged in the sale to consumers of coal, wood,ice, fuel, oil and liquefied petroleum gas (LPG), bottled or in bulk. Funeral Services. Establishments with facilities for the preparation of the dead for burial or cremation and for the holding of funeral observances and services. Accessory facilities may include a cemetery,columbarium or mausoleum. Includes: funeral homes and parlors, mortuaries and related facilities. Furniture and Fixtures. Manufacturing establishments producing: wood and metal household furniture and appliances; bedsprings and mattresses; all types of office furniture and public building furniture and partitions, shelving, lockers and store furniture; and miscellaneous drapery hardware, window blinds and shades. 160 ITEM NUMBER: B- 1 DATE: 09/12/06 Furniture, Home Furnishings and Equipment. Retail trade establishments primarily • engaged in selling furnishings for the home, such as furniture, floor coverings, draperies, glass and chinaware, domestic stoves,refrigerators and other household electrical and gas appliances.Establishments selling electrical and gas appliances are included only if the major part of their sales consist of articles for home use. Also includes retail sale of office furniture, as well as.music stores. General Merchandise Stores. Retail trades included in this group are department stores, variety stores,drug and discount stores, general stores, etc., engaged in retail sales of many lines of new and used merchandise, including: dry goods; apparel and accessories; furniture and home furnishings; small wares; hardware;sporting goods and equipment; bicycles,parts and accessories. Also includes sales of miscellaneous shopping goods such as: books; stationery;jewelry;hobby materials, toys and games; cameras and photographic supplies; gifts, novelties and souvenirs; luggage and leather goods; fabrics and sewing supplies; florists; cigar and newsstands; artists' items (stores for which may include space for crafting operations when such area is subordinate to the retail sales); and other miscellaneous retail shopping goods. Glass Products. Manufacturing establishments producing flat glass and other glass products which are pressed, blown, or shaped from glass produced in the same establishment. Does not include artisan and craftsman type operations of a larger scale than home occupations, which are listed under"Small Scale Manufacturing." Health Care Services. Service establishments primarily engaged in furnishing medical, mental health, surgical and other personal health services including: medical, dental and psychiatric offices (mental health) related services, including various types of counseling practiced by licensed individuals other than medical doctors or psychiatrists, or unlicensed individuals,are included under"Offices' medical and dental laboratories; outpatient care facilities: and allied health services. Associations or groups primarily engaged in providing medical or other health services to members are included. Also includes hospitals and similar establishments primarily engaged in providing diagnostic services, extensive medical treatment including surgical and other hospital services; such establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. Nursing homes and similar long-term personal care facilities are classified in "Residential Care." Home Occupations. The gainful employment of the occupant of a dwelling,with such employment activity being subordinate to the residential use of the property. Horticultural Specialties. Agricultural establishments primarily engaged in the production of ornamental plants and other nursery products, grown under cover or outdoors. Also includes establishments engaged in the sale of such products, i.e., wholesale and retail nurseries. Hotels,Motels. Commercial transient lodging establishments, including hotels, motor hotels, motels, tourist courts or cabins, primarily engaged in providing overnight or otherwise temporary lodging, with or without meals;-for the general public. Such establishments shall not provide kitchen facilities in more than twenty-five percent (25%) of the units. Indoor Recreation Services. Facilities for various indoor sports and recreation, including: bowling alleys; ice skating and roller skating; gymnasiums, health and athletic clubs; 161 ITEM NUMBER: B- 1 DATE: 09/12/06 tennis,handball, racquetball and similar indoor sports; shooting and archery ranges; recreation and community centers. Kennels. A lot,building, structure, enclosure or premises where four(4) or more dogs or cats (four (4) months of age or older) are kept or maintained,including the keeping of such animals for sale, for commercial breeding or for lodging and care for which a fee is charged. Does not include dogs and cats kept for noncommercial purposes, including hunting and herding livestock, which are allowed as residential accessory uses. Laundries and Dry Cleaning Plants. Service establishments primarily engaged in high volume laundry and garment services, including: power laundries (family and commercial); garment pressing and dry cleaning; linen supply; diaper service; industrial laundries; carpet and upholstery cleaners.Does not include coin-operated laundries or dry cleaning pickup stores without dry cleaning equipment, which are classified in "Personal Services." Libraries, Museums. Permanent public or quasi-public facilities generally of a noncommercial nature such as libraries,museums,art exhibitions,planetariums, aquariums, botanical gardens, arboretums and zoos. Also includes historic sites and exhibits. Light Repair Services. Service establishments where repair of small consumer products is the principal business activity, including: electrical repair shops; television and radio and other small appliance repair; and watch, clock and jewelry repair. Does not include repair or services that are incidental and accessory to retail sales. Does not include businesses serving the repair needs of heavy equipment, or large size consumer products which are included under"Business Support Services." Livestock Specialties. Agricultural establishments primarily engaged in commercial livestock keeping or feeding as a principal land use which,because of operational characteristics,may generate dust, odors or visual impacts which could have an adverse effect upon adjacent properties. Such uses include dairies, chicken, turkey and other poultry farms; animal specialties (such as rabbit farms and other fur-bearing animals); other specialties such as bee farms, aviaries, worm farms, etc. Lumber and Wood Products. Manufacturing and processing uses,including merchant sawmills, lath mills, shingle mills, cooperage stock mills, planing mills, and plywood mills and veneer mills engaged in producing lumber and basic wood products; and establishments engaged in manufacturing finished articles made entirely or mainly of wood or wood substitutes. Also included are: truss and structural beam assembly; wood containers; pallets and skids; wood preserving; particle board assembly; turning and shaping wood and wood products on a manufacturing basis;mobilehome and modular home assembly. Wood and cabinet shops are included in "Furniture and Fixtures." Craft type shops are included in "Small Scale Manufacturing." Machinery Manufacturing. Establishments engaged in manufacturing machinery and equipment such as: engines and turbines; farm and garden machinery and equipment (except for secondary assembly of such products which is included under"Farm Equipment and Supplies"); construction, mining and materials handling machinery and equipment such as bulldozers, cranes, dredging machinery, mining equipment, oil field equipment, passenger and freight elevators, conveyors, industrial trucks and tractors; machine tools such as gear cutting machines, die casting machines dies,jigs, industrial molds,power-driven hand tools; machinery for use in the food products, textile, 162 ITEM NUMBER: B -1 DATE: 09/12/06 woodworking, paper or printing industries; general machinery and equipment such as pumps,roller bearings, industrial furnaces and ovens; office, computing and accounting machines such as typewriters, computers, dictating machines; machinery for refrigeration and service industries such as commercial laundry and dry cleaning equipment, heating, ventilating and air conditioning equipment, commercial cooking and food warming equipment; miscellaneous machinery such as carburetors,pistons and valves. Mail Order and Vending. Establishments primarily engaged in retail sale of products by catalog and mail order. Also includes vending machine distributorships and suppliers. Membership Organizations. Organizations operating on a membership basis for the promotion of the interests of the members, including: business associations; professional membership organizations; labor unions and similar labor organizations; civic, social and fraternal organizations (not lodging); political organizations and other membership organizations. Metal Industries, Primary.Manufacturing establishments engaged in the smelting and refining of ferrous and nonferrous metals from ore, pig,:or scrap; in the rolling, drawing, and alloying of ferrous and nonferrous metals; in the manufacture of castings and other basic products of ferrous and nonferrous metals; and in the manufacture of nails, spikes, and insulated wire and cable. Merchant blast furnaces and by-product or beehive coke ovens are also included. Mining. Resource extractions establishments primarily engaged in mining, developing mines or exploring for metallic minerals (ores),coal and nonmetallic minerals (except fuels), or surface mines extracting crushed and broken stone, dimension stone or sand and gravel. See also "Stone and Cut Stone Products." Mini-Storage. Buildings containing individual storage areas rented or leased to the general public. Does not include warehousing or exterior storage facilities. Mobilehome Developments. Includes mobilehome parks and mobilehome subdivisions in any area or tract of land where two (2) or more mobilehome lots are leased, rented, or sold to accommodate mobilehomes used for human occupancy. Includes the renting and leasing of overnight or short-term sites for trailers and campers in a mobilehome park provided that such spaces are included in the maximum allowable density and do not constitute more than twenty percent(20%) of the total spaces in the mobilehome park. Mobilehome Dwelling. A vehicle without self-propulsion designed and equipped as a dwelling unit to be used with a foundation. Multiple Family Dwellings. Includes abuilding, or portion of a building, used and/or designed as a residence for two (2) or more families living independently of each other (includes duplexes,triplexes and apartments). Offices. Establishments engaged in performing a service in a professional office including: engineering, architectural and surveying services; real estate agencies; noncommercial educational, scientific and research organizations; accounting,auditing, and bookkeeping services; authors, writers, artists, etc.; advertising agencies; photography studios and small commercial art studios; employment agencies and stenographic services;reporting services; data processing and computer services; management, public relations, and consulting services; detective agencies and other similar professional services;attorneys; and counseling services provided by individuals other than licensed psychiatrists,which are included under"Health Care Services." 163 ITEM NUMBER: B- 1 DATE: 09/12/06 Organization Houses. Residential lodging houses operated by membership organizations for the benefit of their constituents and not open to the general public. Also includes fraternity and sorority residential houses and religious residential retreats. Outdoor Recreation Services. Facilities for various outdoor sports and recreation, including: amusement and kiddie parks; golf courses, golf driving ranges and miniature golf courses; skateboard parks; go-cart and miniature auto race tracks; tennis courts, swim and tennis clubs and facilities; play lots,playgrounds and athletic fields; recreation and community centers. Paper Products. Includes the manufacture of pulps from wood, other cellulose fibers, and rags; the manufacture of paper and paperboard; and the manufacture of paper and paperboard into converted products such as paper coated off the paper machine, paper bags, paper boxes,and envelopes. Also includes building paper and building board mills. Paving Materials. Manufacturing establishments producing various common paving and roofing materials, including paving blocks made of asphalt, creosoted wood and various compositions of asphalt and tar. Personal Services. Service establishments primarily engaged in providing services generally involving the care of the person which are not medically related,including: beauty and barber shops; shoe repair shops; saunas and hot tubs; dry cleaning pickup stores and small scale dry cleaners without pickup and delivery services; clothing rental; dating and escort services; and related activities. Petroleum Extraction. Resource extraction establishments primarily engaged in: producing crude petroleum and natural gas; recovering oil from oil sands and shales; . producing natural gasoline and cycle condensate. Activities include exploration, drilling, oil and gas well operation and maintenance, operation.of natural gas and cycle plants, and the mining and extraction of oil from oil sands and shales. Petroleum Refining and Related Industries. Manufacturing and processing establishments primarily engaged in petroleum refining, and compounding lubricating oils and greases from purchased materials.Also includes manufacture of petroleum coke and fuel briquettes and petroleum bulk stations. Petroleum and petroleum products distributors are included in "Wholesaling and Distribution." Pipelines. Facilities primarily engaged in the pipeline transportation of crude petroleum; refined products of petroleum such as gasoline and fuel oils mixed, manufactured or liquefied petroleum gas; or the pipeline transmission of other commodities, excluding natural gas. Plastics and Rubber Products. Manufacturing establishments producing rubber products such as: tires; rubber footwear; mechanical rubber goods; heels and soles; flooring; and rubber sundries from natural, synthetic or reclaimed rubber, gutta percha,balata, or gutta siak. Also includes establishments primarily manufacturing tires (establishments primarily recapping and retreading automobile tires are classified in "Auto, Mobilehome and Vehicle Dealers and Supplies"). Also includes establishments engaged in molding primary plastics for the trade, and manufacturing miscellaneous finished plastics products. Primary Family Housing.A secondary dwelling to a single family dwelling which is limited to occupancy by members of the immediate family of the property owner. Immediate family members shall only include grandparents, parents, children, grandchildren, sisters and brothers of the property owner or spouse of the property owner. 164 ITEM NUMBER: B-1 DATE: 09/12/06 - Public Assembly and Entertainment.Facilities for public assembly and group entertainment such as: public and semi-public auditoriums; exhibition and convention halls; civic theaters and meeting halls; motion picture theaters; legitimate theater facilities for live theatrical presentations or concerts by bands and orchestras; amphitheaters; meeting halls for rent and similar public assembly uses. Recreational Vehicle Parks. Transient lodging establishments primarily engaged in renting, leasing or otherwise providing overnight or short-term sites for trailers, campers, or tents, with or without individual utility hookups, but with other facilities such as public restrooms. Does not include incidental camping areas, which are included under"Rural Sports and Group Facilities." - Recycling and Scrap. Establishments primarily engaged in assembling, breaking up, sorting, temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling automobiles for scrap. Does not include waste disposal sites, which are separately defined. Does not include temporary storage of toxic or radioactive waste materials. Recycling Centers. An establishment, which is larger than a"collection station," that serves as a community-wide center for the collection and/or processing of recyclable materials such as glass, paper, plastic, aluminum and metal cans. Residential Accessory Uses. Includes any use that is customarily part of a residence and is clearly incidental and secondary to a residence and does not change the character of the residential use. Residential accessory uses include the storage of vehicles and other personal property and accessory structures including garages, studios and workshops. Residential Care. Establishments primarily engaged in the provision of residential, social and personal care for children, the aged, and special categories of persons with some limits or ability for self-care, including mental and physical limitations,but where medical care is not a manor element. Includes: board and care facilities; children's homes; halfway houses; rehabilitation centers; self-help group homes. Retirement Hotel. Establishments primarily engaged in providing lodging facilities limited to the aged where no medical care is provided. Such,establishments may provide housekeeping and meals to the residents. Roadside Stands. Open structures for the retail sale of agricultural products (except hay, grain and feed sales which are included under "Farm Equipment and Supplies") which are located on the site or in the area of the property where the products being sold were grown. Rural Sports and Group Facilities.Establishments supporting special group activities such as: archery, pistol, rifle, and skeet clubs and facilities; dude ranches; health resorts including outdoor hot spring, spa or hot tub facilities; hunting and fishing clubs; recreational camps; group or organized camps; incidental, seasonal camping areas without facilities; equestrian facilities, including riding academies, schools, stables and exhibition facilities. Sales Lots. Sales lots consist of any outdoor sales area for permanent display of recreational vehicles, recreational and utility trailers, motorized farm equipment, boats, heavy commercial trucks (over one ton), mobilehomes, construction equipment, or other heavy equipment; outdoor equipment rental yards; or large scale temporary or permanent outdoor sales activities, including but not limited to, swap meets and flea markets. 165 ITEM NUMBER: B- 1 DATE: 09/12/06 i Schools—Business and Vocational. Business and secretarial schools; vocational schools offering specialized trade and commercial courses;specialized nondegree granting schools, such as: music schools; dramatic schools; language schools; driver education schools;ballet and other dance studios; and establishments furnishing educational courses by mail. Schools. An institution or establishment that provides a program of instruction and teaching services. Includes: preschools, nursery schools and day care centers; elementary and secondary schools serving grades K through 12 (or portions thereof);junior colleges, colleges and universities; and similar education institutions. Does not include Sunday schools which are permitted under"Churches and Related Facilities." Service Stations. Retail trade establishments primarily engaged in the sale of gasoline, which may also provide lubrication, oil change and tune-up services incidental to gasoline sales. May also include a towing service but does not include storage of wrecked or abandoned vehicles,paint spraying body and fender work, or trailer and equipment rental, unless rental uses are allowed in the subject zoning district as "Storage Yards and Sales Lots."Does not include the retail sale of gasoline as a subordinate service to a liquor store unless such sale includes more than two(2)pumps. Sexually Oriented Business. Any business defined by the Atascadero Sexually Oriented Business Ordinance (see Chapter 5-10 of this Code) as an adult arcade, adult bookstore, adult novelty store,adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor, sexual encounter establishment, or nude model studio is a sexually oriented business. Single Family Dwelling. A detached building designed for and/or occupied exclusively by one family. Does not include mobilehome dwellings which have a separate description. Skilled Nursing Facility. Residential establishments primarily engaged in providing nursing and health-related personal care, generally on along-term basis, with inpatient beds, including skilled nursing facilities; extended care facilities; convalescent and rest homes. Small Scale Manufacturing. Manufacturing establishments not classified in any other major manufacturing group, including:jewelry, silverware and plated ware; musical instruments; toys; sporting and athletic goods; pens, pencils, and other office and artists' materials; buttons, costume novelties, miscellaneous notions; brooms and brushes; and other miscellaneous manufacturing industries. Also included are artisan and craftsman type operations which are not home occupations, and which are not secondary to on-site retail sales. Social and Service Organizations. Public or quasi-public establishments providing social services and rehabilitation services to such as counseling centers, welfare offices,job counseling and training centers, or vocational rehabilitation agencies, persons with social or personal problems requiring special services and to the handicapped and the disadvantaged. Also included are organizations soliciting funds to be used directly for these related services. Also includes establishments engaged in community improvement and neighborhood development. Does not include child day care services which are classified under"Schools." i 166 ITEM NUMBER: B -1 DATE: 09/12/06 Sports Assembly. Facilities for spectator-oriented specialized group sports assembly that include: stadiums and coliseums; arenas and field houses; race tracks (auto and animals); motorcycle racing and drag strips; and other sports that are considered commercial. Stone and Cut Stone Products. Manufacturing establishments primarily engaged in cutting, shaping, and finishing marble, granite,slate, and other stone for building and miscellaneous uses. Also includes establishments primarily engaged in buying or selling partly finished monuments and tombstones. Structural Clay and Pottery-Related Products. Manufacturing establishments primarily producing brick and structural clay products,including pipe, china plumbing fixtures, and vitreous china articles,fine earthenware and porcelain electrical supplies and parts. Artist/craftsman uses are included in "Small Scale Manufacturing" or"Home Occupations." Temporary Dwelling. Includes the temporary use of a mobilehome or recreational vehicle as a dwelling unit, following the issuance of a building permit for a permanent residence while the permanent residence is under construction. Temporary Events. Any use of a structure or land for an event for a limited period of time where the site is not to be permanently altered by grading or construction of accessory facilities. Events include: art shows;rodeos; religious revivals; tent camps; outdoor festivals and concerts. Temporary Offices. The utilization of a mobilehome or recreational vehicle as a temporary office during the period of a construction of a permanent office facility on the same site. Temporary or Seasonal Retail Sales. Retail trade establishments primarily engaged in the sale of fireworks; produce; Christmas trees or other seasonal items; or semiannual sales of art or handcrafted items in conjunction with community festivals or art shows. Textile Mills. Manufacturing establishments engaged in performing any of the following operations: preparation of fiber and subsequent manufacturing of yarn, threads, braids, twine cordage; manufacturing woven fabric and carpets and rugs from yarn; dying and finishing fiber, yard,fabric, and knit apparel; coating,waterproofing, or otherwise treating fabric; the integrated manufacture of knit apparel and other finished products from yarn; and the manufacture of felt goods, lace goods, nonwoven fabrics and miscellaneous textiles. Transit Stations and Terminals. Passenger stations for vehicular and rail mass transit systems; also terminal facilities providing maintenance and service for the vehicles operated in the transit system. Utility Service Centers. A private or public utility facility providing for customer services (including bill paying), engineering,production and treatment facilities, clerical and construction crew activities. Includes vehicle, material and equipment parking and storage. Utility Transmission Facilities. Utility transmission lines and distribution facilities, including substations for electric,gas, other energy sources, water, cable television and telephone. Does not include lines serving individual customers. Vehicle and Freight Terminals. Transportation establishments furnishing services incidental to transportation, including: freight forwarding services;transportation arrangement services; parking, crating,inspection and weighing services; freight terminal facilities;joint terminal and service facilities; trucking facilities, including transfer and 167 ITEM NUMBER: B - 1 DATE: 09/12/06 storage; public warehousing and storage. Includes both railroad transportation and motor freight transportation. Vehicle and Equipment Storage. Service establishments primarily engaged in the business of storing cars, buses and other motor vehicles; recreational vehicles (such as campers, motor homes, boats); construction equipment; and farm equipment. Includes both day use and long-term public and commercial garages,parking lots and structures. Does not include wrecking yards (classified in "Recycling and Scrap"). Warehousing. Establishments primarily engaged in the storage of farm products, furniture, household goods, or other commercial goods of any nature for later distribution to wholesale and retailers. Does not include terminal facilities for handling freight (classified in "Vehicle and Freight Terminals"). Also includes storage or mini-storage facilities offered for rent or lease to the general public. Wholesaling and Distribution. Establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Includes such establishments as: merchant wholesalers; agents, merchandise or commodity brokers, and commission merchants; assemblers, buyers and associations engaged in the cooperative marketing of farm products.(Ord.489 § 2 (part), 2006; Ord. 473 § 2 (part), 2005: Ord. 427 § 1, 2003; Ord. 364 § 2 (part), Exh. A (part), 1999: Ord. 303 § 2 (Exh. A), 1996; Ord. 300§ 2 (6), 1996; Ord. 237 § 1 (C), 1992; Ord. 68 § 9-3.701, 1983) Chapter 15 SIGNS 9-15.002 Definitions. For the purposes of this chapter,the following definitions shall apply: (a)Abandoned Signs. A sign is abandoned when for a period of ninety (90) days or more, there is no sign copy appearing on the sign, or where the establishment with which the sign is associated has ceased operation, or where it is relatively clear that the sign has been forsaken or deserted. Any sign which is a conforming sign not in use, but which could be re-used in conjunction with the ownership or operation of a new business on a property, shall not fall under the definition of abandoned. (b) Alteration. Any change of size, shape, illumination, position, location, construction or supporting structure of an existing sign. (c)Animated Sign. A sign with action or motion, rotating, flashing or color changes, excepting therefrom wind actuated elements such as flags,banners, streamers, whirligigs or other similar devices, and public service signs such as time and temperature units. (d)Balloon, Inflatable Signs, or Inflatable Attention-getting Devices. Any air or gas filled device located, attached, or tethered to the ground, site, merchandise,building, or roof and used for the purpose of signage, advertising, or attention-getting. (e) Banner. Any sign of lightweight fabric or similar material that is attached to a building or other structure erected for another purpose. Flags, as defined in this Section, shall not be considered banners. 168 ITEM NUMBER: B-1 DATE: 09/12/06 (f)Building Complex. A building or group of buildings on one (1) or more lots or building sites containing three(3)or more separate businesses or industrial uses and sharing common parking facilities. (g)Building Face. The outermost surface of any exterior wall of a building, but not including cornices, bay windows, balconies, or other architectural features which extend beyond the general outermost surface of such exterior wall. (h)Canopy Sign. Any sign that is part of a projecting awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance or window or outdoor service area, or otherwise attached to a building face. (i) Changeable Copy Sign. A sign with changeable copy, regardless of the method of attachment or the materials of construction. 0) Commercial Speech. Any message, the prevailing thrust of which is to propose a commercial transaction. (k) Commercial Signage.Any sign with wording, logo, or other representation that, directly or indirectly,names, advertises, or calls attention to a business, product, service, or other commercial activity. (1) Corner Clear Zone. The area at a street corner inscribed by a line drawn between points established by measuring back fifteen (15) feet from the beginning of the curb radius along the curb line, or edge of pavement when there is no curb, and the face of the curb or edge of pavement. (m) Dormer. A structure located above the height of a wall projecting from a sloping roof that is enclosed on both sides and top, and does not project above top of the roof structure. (n)Dwelling Unit. Any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking, and sanitation. (o)Enforcement Officer. Any City official or agent designated by the City Manager as having authority to enforce the provisions of this Article. (p)Flag. A device, generally made of flexible materials, usually cloth, paper or plastic, usually used as a symbol of a government, school, or religion, and not containing a commercial message. (q)Freestanding Sign. Any sign supported by structures or supports that are placed on, or anchored in, the ground which are independent from any building or other structure. This definition may include pole signs, ground signs and monument signs. (r)Ground Sign. Any freestanding sign greater than six (6)feet in height and supported wholly by uprights, braces,or poles in or upon the ground and where any supports or angle irons are enclosed in a wood,plastic, metal or other decorative form, such that the angle irons or supports are not visible. The entire bottom of a ground sign is generally in contact or in close proximity to the.ground. (s)Height. The height of any sign shall be the measurement from the top of the sign cabinet, including all ornamentation and supports, to the existing grade beneath the sign. (t) Illegal Sign. Any sign placed without all required governmental approval and/or permits at the time said sign was placed oris an existing sign which was not constructed in accordance with the ordinances and other applicable laws in effect on the date of construction, did not receive government approval or permits, or a legal nonconforming sign that has exceeded its authorized amortization period. 169 ITEM NUMBER: B- 1 DATE: 09/12/06 (u) Illuminated Sign. Any sign employing the use of lighting sources for the purpose of decorating, outlining, accentuating or brightening the sign area. (v) Incidental Sign. A sign,generally informational, that has a purpose secondary to the use of the lot on which it is located, such as no parking, entrance,loading only, telephone and other similar directives. A sign that also includes a commercial message is not considered incidental. (w) Institutional.Uses whose primary function is furtherance of the public health, safety and welfare, generally, but not exclusively non-commercial in nature, including, but not limited to the following: hospitals and similar health care facilities, airports, cemeteries, recreational clubs and lodges, museums, theaters and similar cultural institutions, churches and similar religious institutions, detention facilities, fire and police stations, emergency shelters, marinas, parks and similar recreational facilities, schools and similar educational institutions,public utility facilities other than business offices. (x)Legal Non-Conforming Sign. A sign which was legal when first erected, with all necessary permits, but due to a change in the law it became nonconforming. (y)Lot. Any piece or parcel of land or a portion of a subdivision, the boundaries of which have been established by some legal instrument of record, that is recognized and intended as a unit for the purpose of transfer of ownership. (z)Lot Frontage. Those portions of a lot or building site which abut a public street. For purposes of determining frontage on corner lots and through lots, all sides of a lot abutting a public street(excluding an alley) shall be considered frontage. (aa) Marquee. A permanent roofed structure attached to and supported by the building and projecting beyond the building face. (bb) Monument Sign. A freestanding signe ding ti. (r) 1�ee in "--i�;", which is supported by a base which extends the entire length of the sign area and is an integral part of the design. (cc) Multi-Faced Sign. A sign with two or more sign faces where any two sign faces are oriented such that they have an interior angle of greater than forty-five (45) degrees from each other. (dd) Non-Commercial Signage. Any signage which isnot determined to be commercial signage, as defined herein. (ee) Non-Commercial Speech. Any message which is not determined to be commercial speech as defined herein. (ff)Non-Structural Trim. The molding, battens, caps, nailing strips, lattice, cutouts, or letters and walkways which are attached to the sign structure. (gg) Obscene Signs. Signage when taken as a whole, which to the average person applying contemporary statewide standards, appeals to the prurient interest and as a whole depicts or describes in a patently offensive way sexual conduct which lacks serious literary, artistic,political or scientific value. (hh) Off-Site Commercial Signage. Signage that is not located on the site of the business, accommodations, services, or commercial activity served by the sign. (ii) On-Site Commercial Signage. A sign advertising the business, accommodations, services or commercial activities provided on the site on which the sign is located. Oj)Permanent Sign. Any legal sign designed or used in excess of forty-five (45) days. (kk) Permitted Sign. Signs permitted pursuant to this Article. 170 ITEM NUMBER: B -1 DATE: 09/12/06 (11)Pole Signs. A sign wholly supported by one or more poles and otherwise separated from the ground by air. (mm)Portable Sign or A-frame Sign. Any freestanding„moveable si,,n. nn ) Prohibited Signs. Signs specified in Section 9-15.003(d) of this article or any sign not specified in Section 9-15.005 nor in compliance with the design criteria for this Article. oo )Projecting Sign. A sign which projects more than twelve (12) inches from the exterior face of a building wall or facade and which uses the building wall as its primary source of support. (ppoo) Project Entrance Sign. Anon-site sign used to identify the name of an apartment housing complex,mobile home park, condominium subdivision or other residential subdivision. (ggpp)Public Service Sign. A non-commercial sign that provides general information that benefits the public, such as electronic changeable time and temperature units.The renewal of any part of an existing sign for the purpose of its maintenance. (rrgq) Roof Sign. A sign erected upon or above a roof(angled surface) or a parapet of a building or structure, and not contained within a dormer (flat surface). ssf=) Setback Area. The setback area shall be that area defined as the required minimum yard as specified by the Zoning Ordinance for each Zoning District, unless a specific setback is designated within this Article. ttssi) Sign. Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, onto communicate information of any kind to the public, with the exception of the following. " (1) Such devices not exceeding one(1) square foot in area and bearing only property numbers, post box number, names of occupants or other similar identification on a site. (2)Flags and other insignia of any government not displaying a commercial message. (3)Legal notices, identification, informational or directional/traffic controlling devices erected or required by government agencies. (4)Decorative or architectural features of buildings, except letters, trademarks or moving parts. (5)Holiday decorations and lights. (6) Government traffic controlling devices are not considered signs for purposes of this article due to their distinct purpose. uu4) Sign Area.The entire area contained within the frame, cabinet or fixture, including all ornamentation or decoration used to attract attention. In the case of pole signs, that area above the supporting column,provided such supporting column is not decorated or displayed with advertising. The area of signs painted on walls, individual letter signs, trough signs, and other directly illuminated signs, shall be calculated on the basis of the smallest rectangle, circle or spherical figure that will enclose the entire copy area of the sign. The area of any two (2)or more faced signs or type signs having any interior angle of more than forty-five (45) degrees (multi-faces signs) shall be the total area of all faces or panels. If all interior angles are forty-five (45) degrees or less, the greatest sized panel or face shall only be counted as the sign area. 171 ITEM NUMBER: B- 1 DATE: 09/12/06 vvi�Ri) Sign Copy. Any words,letters,numbers; figures, designs or other symbolistic representation incorporated into a sign with the purpose of attracting attention to the subject matter. www) Sign Face.The surface of the sign upon, against, or through which the message is displayed or illustrated on the sign. xxww-) Sign Structure. Any structure that supports or is capable of supporting any sign as defined in this Section. A sign structure maybe a single pole and may or may not be an integral part of the building. (yyx-*) Site. A lot, or group of contiguous lots, with or without development, in single ownership, or having multiple owners, all of whom join in an application for signage. zz,y) Street. A public or private highway, road or thoroughfare which affords the principal means of access to adjacent lots. (Ord. 400 § 1 (part), 2002: Ord. 255 § 2 (part), 1992) 9-15.003 Applicability. (a) General. (1)The provisions of this chapter are applicable to all signs constructed or altered after the effective date of the ordinance codified in this chapter. (2)Nonconforming signs shall be revised to conform to the provisions of this chapter where an entitlement for construction other than minor additions or interior alterations is occurring or where a change of use occurs. • (3) All signs that are not specifically exempted from this chapter are subject to the appearance review guidelines and an approved sign permit. (4)Neon signs visible from the public right-of-way, and change in copy or materials for existing signs requires Appearance Review by the Planning Division. (5)The sign design standards herein are intended to be the maximum standards allowable without an administrativeusepermit or conditional use permit. - (b)Permits required. (1)Except as hereinafter provided,no permanent sign shall be constructed, displayed or altered without an approved sign permit. Signs are permitted under the various use classifications or locations specified in this chapter. (2)The application requirements, processing, review and approval for a sign permit shall be as set forth in Section 9-15.009 of this chapter. (3) When signs are proposed for a project subject to entitlement approval, a separate sign permit is not required. The application for entitlement and sign shall include complete information per Section 9-15.009 of this chapter, and any other information determined to be necessary for Planning Division review. (c)Exempt Signs. (1) Agricultural Signs.Unlighted,with an aggregate area of thirty-two(32) square feet. One (1) sign per street frontage. (2) Construction Signs. With an aggregate area of forty (40) square feet,not exceeding eight (8) feet in height. One (1) sign per street frontage. (3)Directory Signs. Wall mounted for pedestrian use, with an aggregate area of twenty (20) square feet, not exceeding eight(8) feet in height. 172 ITEM NUMBER: B - 1 DATE: 09/12/06 (4)Holiday Signs.Holiday and special event decorations, for a single holiday,may be in place up to sixty (60) days. (5)Real Estate Signs.Located on a lot for sale, lease or rent. Aggregate area up to six (6) square feet. Sign must be removed fourteen (14) days after sale or transaction has occurred. One_(1) sign per street frontage. (6)Hazard Signs. As long as a hazard exists. (7)Residential Signs and Home Occupations. With an aggregate area of four(4) square feet. Apartment, condominium projects with five (5) or more units, and,subdivisions may have an aggregate sign area up to ten (10) square feet. (8)Window Signs. With an aggregate area not exceeding four(4) square feet, at public entrances. (9)Official Government Flags. Signs,flags and notices. (10) Window Lettering. Limited to lettering and graphics with an aggregate area not to exceed fifty percent (50%) of the window area. (11)Landscaped Signs. Consistent with Section 9-4.127. (12) Safety and Directional Signs. With an aggregate area not exceeding four(4)square feet. Such signs shall be pedestrian scale.The City has a compelling interest in ensuring traffic and pedestrian safety. To directly advance that interest, such safety and directional signs are allowed. (13) Banner or Temporary Signs. Constructed from nonpermanent material, (e.g. paper, canvas, vinyl;etc.). (i.) Maximum number and area. Each business may have one (1)banner sign per public street frontage, with a aff � tmaximum area of forty (40) square feet. (ii.) Limits on time displa�Temporary signs may be in place for a maximum of thirty my(30 ) days. All banners must be down a minimum of 60 days before any new banner may go up. may not be put up mofe then onee evefy si-xty (60) dam;- Banners may remain up during the entire permanent sign permit process. (iii.) Placement. Banners must be secured flat against a building or secure structure. (iv.)Exceptions. Non-profit events shall he exempt from size and number of banners e.g.farmers market.) (14) Redevelopment Projects. Any sign program approved and entered into by the Community Redevelopment Agency of Atascadero, so long as the program is otherwise consistent with the General Plan of the City of Atascadero. (d)Prohibited Signs. (1) Off-Premises signs that direct attention to a business, service or product not sold or offered on the premises on which the sign is located,including billboards; (2) Abandoned Signs. A sign is abandoned where for a period of ninety(90) days or more,there is no sign copy appearing on the sign or where the establishment to which the sign is attached has ceased operation and where it is clear that the sign has been forsaken and deserted or where the sign is fifty percent (50%) or more deteriorated, damaged or destroyed; (3) Confusing signs that simulate in color or design any traffic sign, signal or which makes use of words, symbols or characters in such a manner to interfere with, mislead, or confuse pedestrian or vehicular traffic; 173 ITEM NUMBER: B - 1 DATE: 09/12/06 (4)Animated, moving,flashing,blinking, reflecting, glaring or revolving, or any other • similar sign, except electronic message boards displaying time or temperature or the display of non-commercial notice services and free speech messages; (5)Roof signs; (6) Snipe signs or any other sign attached to a tree, utility pole, fence post, etc.; (7) Signs on vehicles when the vehicle is parked or placed for the primary purpose of displaying said sign except a sign painted directly upon, magnetically affixed to or permanently affixed to the body or other integral part of the vehicle. Such signs shall not be used as a billboard. Such signs may contain non-commercial messages; Rat pef.manentlyg. building, and that Eife.not other-;,�,ise. allowed (884)Inflatable signs. (Ord. 400 § 1 (part),2002: Ord. 255 § 2 (part), 2002) 9-15.005 Allowed signs. (a) Commercial and Industrial Zones. The aggregate sign square footage allowed per site is one hundred twenty-five(125) square feet. This sign square footage may be divided by using more than one type of sign, provided that the aggregate sign square footage allowed per sign does not exceed the following standards: (1) Wall sign. One (1) wall sign per building face with public street frontage or parking lot frontage (except those facing a residential zone) per business (up to two (2) businesses at the same location). Maximum size for wall signs may not exceed one (1) square foot per lineal foot of business frontage or forty (40) square feet, whichever is less. (2)Monument Sign. One (1) monument sign per two hundred(200) lineal feet of public street frontage per site (except streets adjacent to a residential zone). Maximum size of monument sign is not to exceed sixty (60) square feet, and a maximum height of ten (10) feet from the natural grade. (3) Suspended Sign. One (1) suspended sign, with an aggregate area not exceeding fifteen (15) square feet, and a minimum ground clearance of eight (8) feet or as regulated by the Uniform Sign Code. (4)Projecting Sign. One (1)projecting sign with an aggregate area not to exceed fifteen (15) square feet. Minimum ground clearance must be eight (8)feet, or as regulated by the Uniform Sign Code. Projecting signs may not be closer than five (5) feet to a public right-of-way. (5) Tenant Sign. Centers with three (3) or more tenants may have one (1) tenant wall sign per business street frontage (except streets adjacent to a residential zone). The aggregate area of tenant signs is not to exceed one (1) square foot per lineal foot of business frontage, or twenty (20) square feet, whichever is less per tenant.Centers may have one (1) center identification monument sign per two hundred (200) lineal feet of street frontage, with a maximum sign area of sixty (60) square feet. Major tenants (ten thousand (10,000) square feet or more) may have one hundred fifty percent (150%)more wall sign area. (6)Freeway signs. In addition to the signs allowed above, sites located adjacent to • Highway 101 or a Highway 101 frontage road may be authorized,through administrative use permit, approval to use a freeway oriented sign as provided below: 174 ITEM NUMBER: B -1 DATE: 09/12/06 (i.) Businesses located on freeway frontage of Highway 101,and that are a restaurant, • service station, provide lodging, or are a dealer of new automobiles,may have a pole mounted freeway oriented sign with an area not to exceed one (1) square foot of sign area per lineal foot of freeway oriented building frontage up to one hundred fifty (150) square feet, whichever is less. Pole mounted signs shall not exceed fifty (50) feet in height or the minimum height necessary for effective visibility (see Section 9-15.006(c)). (ii.)Where the principal use is planned shopping, office or industrial complex with five (5) or more tenants, a building mounted freeway oriented sign may be allowed with a maximum area not to exceed one (1) square foot for each lineal foot of building frontage up to sixty(60) square feet per principal tenant,whichever is less. (iii) Where the building area of a single tenant building exceeds ten thousand(10,000) square feet, a building mounted freeway oriented sign may be allowed with a maximum area not to exceed one(1) square foot for each lineal foot of building frontage up to sixty (60) square feet, whichever is less. Where the building area of a single tenant building is less than ten thousand (10,000) square feet, a building mounted freeway oriented sign may be allowed with a maximum area of forty (40) square feet with a maximum letter height of fourteen (14) inches. Freeway wall signs shall be constructed of individual three-dimensional letters or logos. Rectangular box or cabinet signs shall not be allowed along the US 101 frontage. Signs may be internally illuminated pan channel letters. (7) Gas Station Canopies. In addition to the signs allowed above, a maximum of twenty (20) square feet signs,logos and or color banding shall be permitted on no more than two (2) sides of a pump island canopy structure. The remainder of the pump canopy fascia shall be of an architectural treatment consistent with site architecture. (8) Off Site Subdivision Signs. Subdivision tracts of twenty (20) or more lots may be permitted to install off site directional advertising signage subject to the approval of an administrative use permit subject to the following conditions: (i.)The subdivision tract shall be located within the City of Atascadero. (ii)No more than three(3) signs shall be allowed with a maximum height of fifteen(15) feet and sixty (60) square feet of sign area. (iii)No flags, banners or other decorations shall be affixed to the sign. (iv.)The signs shall not be illuminated. (v.) All signs shall be located on private property with written permission from the property owner provided to the City. (vii.)A building permit shall be obtained for the signs. (viii.)The signs shall be removed prior to final occupancy of the last unit in the tract or after a period of three(3) years whichever is less. The applicant may apply annually for a one-year time extension for active construction projects. (9)Portable Signs and A-frame Signs. One (1) Portable sign per street frontage. Maximum size of portable sign isnot to exceed two (2) feet wide by five (5) feet tall. Minimum height is 3 feet tall. Portable and A-frame signs must be located on the business's property or within the boundaries of the shopping center or commercial complex, unless an encroachment permit is obtained for a portable sign located in the public right of wade property owner is required to indemnify the Ci in with the encroachment permit for any sign located in the right of way. (b)Downtown Districts. . 175 ITEM NUMBER: B- 1 DATE: 09/12/06 (1) Applicability.Signs within the downtown zoning districts are subject to all applicable • requirements of the City's Sign Ordinance, except as provided by this Section. (2)Design Review. The design, materials, illumination and location of all signs shall be reviewed for consistency with the Downtown Design Guidelines. (3)Maximum allowed sign area. Each business shall be allowed a total of one (1) square foot of sign area per linear foot of the street frontage occupied by the business, with a minimum total of twenty (20) square feet allowed for each business, and a maximum total sign area of fifty (50) square feet. (4) Standards for specific types of signs. (i)Wall Signs. a. Maximum number. Each business may have one (1) wall sign,except corner buildings, which may have two(2). A single facade may have a wall sign or awning sign (Subsection D.2), but not both, b. Height. Wall signs shall be located below the top of the parapet or roofline on single story buildings and below the second floor sill on multi-story buildings. c. Placement and materials. The sign may be painted directly on a wall, formed of individual letters attached to a wall, or consist of a sign panel attached to the wall, provided that the design is consistent with the architectural style and features of the building fagade. Internally illuminated "can" signs are not allowed. (ii)Awning Signs. Awning signs may be used instead of allowable wall signs on the same building facade. A logo/insignia or name may be painted, silk-screened, or appliqued onto the awning. a. Sign area. The area of signage on an awning shall not exceed twenty-five percent (25%) of the area of the awning face. b. Projection and clearance. Awnings may project a maximum of five (5) feet into the public right-of-way and shall maintain a minimum vertical clearance from the ground of eight (8) feet. c. Design. Awnings shall be securely attached to the buildings and well maintained. No supports or poles may be located in the public right-of-way.Awnings shall complement the building they are attached to, (iii) Projecting Signs.Projecting signs may be allowed as follows: a. Maximum number and area. Each business within the Downtown is allowed a projecting sign in addition to the wall signs allowed by this section. 1. If the projection is two (2) sided,each side of the sign shall be used in the total allowable area calculation (subsection (C)). 2. No projecting signs shall exceed nine (9) square feet in area per side. b. Projection and Clearance. Projecting signs may extend five (5) feet into the public right-of-way and must maintain a minimum vertical clearance of eight (8) feet. c. Alternative Use of Decorative Pennants. Decorative individual pennants (not strings of pennants) may be used as an alternative to an allowed projecting sign. Only fabric pennants may be used.The image may be painted,silk screened or appliqued on the fabric. Any business logo or insignia shall be included within the total allowable projecting sign area. All decorative pennants shall be well maintained and of professional quality. (iv) Monument Signs, Uses occupying over ten thousand(10,000) square feet may be . allowed a monument sign in compliance with the Sign Ordinance, in addition to the sign 176 ITEM NUMBER: B-1 DATE: 09/12/06 area and types of signs allowed by this section. Maximum size of monument sign is not to exceed sixty (60) square feet, and a maximum height of ten (10) feet from the natural rg ide• (v) Window Graphics. Window graphics shall not exceed twenty percent (20%)of the storefront window area, or twenty (20) square feet, whichever is less. Window graphics are not counted as part of the maximum sign area allowed a business. (vi)Multi-Tenant Directory Signs. Multi-tenant directory signs shall not exceed seventy- two (72) inches per tenant. The multi-tenant directory signs are allowed in addition to the sign area and types of signs allowed by this section, provided that the design is consistent with the architectural style and features of the building fagade. (vii) Building Name Sign. A building name sign shall not exceed twenty (20) square feet. The building name sign shall be limited to buildings with at least three tenants and shall identify the building, not a business within the building. The building name sign is allowed in addition to the sign area and types of signs allowed by this section, provided that the design is consistent with the architectural style and features of the building fagade. (viii)Portable Signs and A-frame Signs. One (1) Portable sign per street frontage. Maximum size of portable sign.is not to exceed two (2) feet wide by five (5)feet tall. Minimum height is 3 feet tall. Portable and A-frame signs must be located on the business's property or within the boundaries of the shopping center or commercial complex, unless an encroachment permit is obtained for a portable sign located in the public right of way. The property owner is required to indemnify the Cit in with the encroachment permit for any sign located in the right of way. (c)Public and Recreation Zones. The following signs are allowed in the P, and L Zones, provided that the aggregate area of signs per site does not exceed one hundred(100) square feet. (1)Wall Sign. One (1) wall sign for each public street frontage for business or tenants with a sign area maximum of ten percent (10%) of the building face or up to a maximum of forty (40)square feet, whichever is less. (2) Suspended Sign. One (1) suspended sign for each public street frontage, with a maximum area of ten (10) square feet for each business or tenant. (3) Monument Sign. One (1) monument sign for each business per three hundred(300) lineal feet of public street frontage. Monument signs may have a maximum sign area of forty (40) square feet, and a maximum height of tenfi 104) feet from the natural grade. (d)All Zoning Districts. The following signs may be allowed, either by conditional use permit or administrative use permit, as specified, in all zoning districts. (1) Community Identification Sign. Community identification signs may be allowed,by conditional use permit, on arterial streets entering the City with a maximum area of eighty(80) square feet and a maximum height of twelve (12) feet. Such signs may include the name of the City,names of civic or religious organizations, and names and locations of City facilities.Such signs shall not contain the names of businesses of commercial products. (2) Information Kiosks. Kiosks for the permanent and/or temporary display of information including community and civic activities, and advertising for local commercial establishments may be allowed. Approval of the size, location, and i 177 ITEM NUMBER: B - 1 DATE: 09/12/06 maintenance requirements for such kiosks shall be established through administrative use • permit. (3)Changeable Copy Sign. Approval of the size, location, purpose, design, and content of changeable copy signs shall be by conditional use permit or administrative use permit as provided in Section 9-15.003 (d)(7). (4)Public Transit Facilities. At the discretion of the Community Services Director, advertising signs may be placed on buses and designated bus stop benches used in connection with a public transit program provided by the City of Atascadero. Signs on buses shall be limited to one on each side, neither of which exceeds six (6) square feet. Signs on benches shall be limited to one (1) sign which shall be placed on the back of the bench and which shall not exceed ten (10) inches by thirty-six (36) inches. Additional signs and/or modification signs associated with public transit facilities may be approved through conditional use permit process. (Ord. 400 § 1 (part), 2002: Ord. 376 § 2 (Exh. A), 2000; Ord. 354 § 1, 1998; Ord. 255 § 2 (part), 1992) Chanter 4 GENERAL SITE DESIGN AND DEVELOPMENT STANDARDS 9-4.137 Exterior lighting. The standards of this section are applicable to all outdoor night-lighting sources installed after the effective date of this title, except for street lights located within public rights-of- way and all uses established in the Agriculture zone. An electrical permit may be required by Title 8. (a)Illumination Only. Outdoor lighting shall be used for the purpose of illumination only and shall not be designed for or used as an advertising display, except as provided by Sections 9-4.130 et seq. (b)_Nondecorative Exterior Lighting Shielded. L-4g"t Pii-eoted onto Tei- All nondecorative exterior lighting shall be shielded to direct light toward buildings or the ground. Light sources shall be designed and adjusted to direct light away from any road or street and away from any property or buildings dre g-outside the ownership of the applicant. (c)Minimization of Light Intensity. No light or glare shall be transmitted or reflected in such concentration or intensity as to be detrimental or harmful to persons or to interfere with the use of surrounding properties or streets. (d)Light soul-ees 0 be Shielded (d)Decorative Exterior Lighting Shielded. Where lights are used for the purpose of illuminating or accenting building walls, signs, flags, architectural features, or landscaping, the light source is to be shielded so as not to be directly visible from off-site. Lee--) Ground Illuminating Lights. Any light source used for ground area illumination except incandescent lamps of one hundred fifty (150) watts or less and light produced directly by the combustion of natural gas or other fuels, shall be shielded from above in such a manner that the edge of the shield is level with or below the lowest edge of the light source. Where any light source intended for ground illumination is located at a height greater than eight(8) feet, the required shielding is to extend below the lowest 178 ITEM NUMBER: B - 1 DATE: 09/12/06 edge of the light source a distance sufficient to block the light source from the view of any residential use within one thousand (1000) feet of the light fixture. Illumination. Whefe lights, signs, t �. SE) aS n8t 4) be. Efifeedk' visible fi-aPA off site. (fe) Height of Light Fixtures. Freestanding outdoor lighting fixtures shall not exceed the allowed height of the tallest building on the site, pursuant to Section 9-4,111. (Ord. 68 § 9-4.137,1983) 179 ITEM NUMBER: B-1 DATE: 09/12/06 SECTION 3. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published twice: at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before the expiration of fifteen (15) days after its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero. A copy of the full text of this ordinance shall be on file in the City Clerk's office on and after the date following introduction and passage and shall be available to any interested member of the public. INTRODUCED at a regular meeting of the City Council held on , and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: CITY OF ATASCADERO By: Tom O'Malley, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Patrick L. Enright, City Attorney 180 ITEM NUMBER: B - 1 DATE: 09/12/06 Attachment 4: Portable Sign Encroachment Permit Diagram AV Nei P ORCAOLE GIGS INTFNS AREA STREET NO PORTABLE SIGNS IN THIS AREA 34" 3d r FSW 6SW-) g$W RrWr.� RAS PORTABLE SIGNS SHALL NOT BE LIE OF SIGHT IS FROM A POINT r NIGH ON Px PTi ED WITHIII THE SIGHT RI +tD4NAY TO A P INT S'H*H ON OTHER TlilfaWGLE 1QAIIWAY Grs INTERSECTIONS NO PORTABLE SIGNS IN THIS AREA-,,. STREET .---NO PORTABLE SIGNS IN THIS AREA FS -- ,24 24 ---) fSW 17 RW Rffik-/ PORTABLE SIGNS SHALL NOT BE LINE Of SIGHT IS IFROM A PONT T HIGH ON PERMITTEDWITHIN THE SIOKT AREA DRIVEWAY TD A POINTY HIGH ON ROADWAY Ca DRIV'EWM NOTES- Fuw' 1, PORTABLE:SIGNS OVER 3" HGH MUST CONFORM TO STANDARD DRAWING 414. r1.2 ki .. ALL PORTABLE S13NS SMALL Y MAX. BE,IS b AN ENCROACI-IMEN'T PERMIT FROM THE CITY Of ATASCADEITO. .: 3. PORTABLI!SIGNS MUST BE '• LOCATED DIRECTLY IN FRONT n� s OF THE PROPERTY WHERE THE ADVERTISED IKISINESS IS a. LOCATED. 4'MIN.FIR ADA ACS RA1!�11V BY, CITY OF ATASCADER(] M.A. ENGINEEIRING DEPARTMENT DRAWING NO, DESIGNED aY—. D.I .A. PORTABLE SIGN LOCATION iD DRIVEWAYS AND INTERSECTING 435 F1 NAME. ROADS AND SIDEWALKS .A T4w35.D'WG 181 ITEM NUMBER: B-2 DATE: 09/12/06 n Leis , t Atascadero City Council Staff Report - City Attorney Interim Urgency Ordinance Establishing A Moratorium on the Approval of "Site Condominiums" (Temporary Ordinance establishing a moratorium for the approval of "site condominiums' RECOMMENDATION: Council adopt the attached interim urgency ordinance establishing a moratorium on the approval of "site condominiums". DISCUSSION: • Background: Within the past few months the Ci of Atascadero has received g P City applications and inquiries from developers interested in constructing condominiums with common airspace located outside the envelope of the buildings ("site condominium"'). Normally, condominiums possess airspace within the confounds of the building, with property owners enjoying a property right in the airspace. Traditional condominiums have Home Owner Associations or other forms of management to ensure resident safety and to overlook the upkeep and cleanliness of the property. Conversely, site condominiums sometimes have no management or weaker management than traditional condominiums. Additionally, site condominiums have the appearance of piecemeal development on subdivision lots. The issue of site condominiums was presented to the City Council onAugust8, 2006, and the Council expressed interest in exploring ways to regulate these condominiums by reviewing the City's zoning code and subdivision ordinance. In June 2002, The City Council adopted a General Plan for the City and the Housing Element provides: "Policy 1.2: Encourage a variety of high quality housing types in multi- family areas by "allow[ing] planned developments with detached units on individual lots or airspace condominiums on commonly owned lots. The Land Use, Open Space and Conservation Element provides: "Policy 2.1: Ensure that new development is compatible with existing and surrounding neighborhoods." 182 ITEM NUMBER: -B-2 DATE: 09/12/06 The Planning Department of the City of Atascadero plans to review the City's zoning code and subdivision ordinance to ensure compliance with Policy 1.2 of the Housing Element and Policy 2.1 of the Land Use, Open Space and Conservation Element in the General Plan. At the end of its study, the Planning Department will provide the Council with options for maintaining planned development within the City, including proposals for the regulation of site condominiums. The City Council may, pending a study of the contemplated zoning proposal, adopt a temporary interim ordinance, as an emergency measure. Interim ordinances enacting moratoria and-other growth management measures are lawful exercise of the police power and do not amount to a temporary taking under the First English Evangelical Church v. County of Los Angeles (1987)482 U.S. 304, 320 as 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 a new development plan so that a City may reevaluate 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 Reg'l Planning Agency (2002) 535 U.S. 302, 353; First English Evangelical Church v. County of Los Angeles, supra at 320). An interim ordinance must be approved-by a 4/5 vote of the Council, in this instance • with only four council members, a unanimous vote. Interim ordinances remain in effect only 45 days unless extended for up to 22 months and 15 days, following notice and a public 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 are required in order to comply with a zoning ordinance, would result in a threat to the 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. 183 ITEM NUMBER: B -2 DATE: 09/12/06 FISCAL IMPACT: None. ALTERNATIVES: 1. Modify and adopt the attached Ordinance; 2. Do not extend the moratorium and therefore, do not adopt the attached Ordinance; 3. Provide direction to Staff. ATTACHMENT: Interim Urgency Ordinance 184 ITEM NUMBER: B -2 DATE: 09/12/06 Attachment 1: Draft interim Urgency Ordinance DRAFT ORDINANCE AN URGENCY ORDINANCE OF THE CITY OF ATASCADERO ADOPTING A MORATORIUM ON THE APPROVAL OR RECORDATION OF SITE CONDOMINIUM PLANS, 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 1.2 of the Housing Element requires that the Council "encourage a variety of high quality housing types in.multi- family areas" by allowing "planned developments with detached units on individual lots or airspace condominiums on commonly owned lots. B. The City's Land Use, Open Space and Conservation Element to its General Plan provides in Policy 2.1 that the Council "ensures that new development is compatible with existing and surrounding neighborhoods." C. Conventional condominiums, the basis of Policy 1.2 of the City's Housing Element in the General,Plan, are structures with privately owned airspace within the envelope of a building(s). D. In the last month,the City has seen a significant increase in the number of multifamily projects requesting permits for condominiums that include private-airspace outside- the envelope of the building ("site condominiums"). E. The City has received an application for a site condominium, and inquiries have been made about other similar site condominium plans within the City. F. If these site condominiums are constructed, there would be no usable common area; rather, there would be a cloud of "common" airspace hundreds or thousands of feet above the rooftops of these properties. G. The construction of site condominiums would create unplanned, piecemeal projects in multi-family zoned areas that resemble subdivision lots, without adhering to the subdivision process outlined in the Subdivision Map Act or City ordinances. . H. The Planning Department of the City of Atascadero plans to review and study the City's zoning code and subdivision ordinance regarding the preservation oftraditional airspace condominiums. The City's Planning Staff will also investigate options for regulating and developing site condominiums. I. Due to the foregoing; the City intends to continue to study the extent to which site condominiums are affecting the aesthetics and impacting planned development in the City. In the meantime, if a temporary moratorium on condominiums is not immediately imposed for up to 45 days, substantial piecemeal lots resembling subdivisions are likely to develop. Such unplanned development would defeat the intent and purpose of the City's General Plan policy of developing planned communities and providing airspace condominiums on commonly owned lots. 185 ITEM NUMBER: B-2 DATE: 09/12/06 Section 2. Imposition of Moratorium The City Council hereby declares that a temporary moratorium on the review and/or approval of site condominiums is necessary in order to permit the.city the time to conduct research and consider appropriate regulations, amendments and/or clarifications to protect the public health, safety, welfare and economic prosperity of the City. For the purposes of the moratorium, site condominiums are defined as condominiums that create an air space outside of the envelope of the building and where the common area is not located on the ground. Conventional interior air space condominiums are not subject to this moratorium. Section 3. While this Ordinance remains in effect, no permit, condominium plans, other applicable entitlement,which entails in whole or in part the approval of any site condominium projects within the City shall be approved, issued, or recorded with the County Recorder, 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 seek entitlement for, in whole or in part, any site condominiums within the City, except as specified in Section 13 below. Section 5. Pursuant to theP rovisions 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 areas follows: A. The City has most recently received applications seeking to record site condominiums; B. The approval or adoption of such site condominiums within the City of Atascadero would result in a threat to orderly development in a radical and fundamental manner. By their unique characteristics, site condominiums provide common airspace outside the envelope ofthebuilding, which affects open spaceto the point where the 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 establish cohesive development that is compatible with existing neighborhoods, and not piecemeal type lots throughout the City. 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; C. 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 regulate site condominiums and which, in turn, will help the City Council better understand the detrimental effects, if any, should such site condominiums be allowed to proceed; D. 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 City Council and the City Council, in turn, can consider amendment of the City's zoning code and subdivision ordinance. 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 site condominiums through the 186 ITEM NUMBER: B-2 DATE: 09/12/06 issuance of permits authorizing such activities or recordation of such plans 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 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 expiration 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)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 exempt from CEQA pursuant to Section 15262 of the CEQA Guidelines in that this ordinance involves only feasibility or planning studies for possible future actions by the City. Section 13. This Ordinance shall apply to all applications filed on or after August 8,2006. 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. PASSED, APPROVED AND ADOPTED this day of , 2006, by the following vote on roll call: AYES NOES: ABSTENTIONS: ABSENT: 187 ITEM NUMBER: B -2 DATE: 09/12/06 CITY OF ATASCADERO Tom O'Malley, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Patrick L. Enright, City Attorney 188 ITEM NUMBER: C- 1 DATE: 09/12/06 n e Ion , 187ra.8 Atascadero City Council Staff Report—Community Development Department Annual Housing Report Calendar Year 2005 RECOMMENDATION: Council receive and file the attached AnnualHousingReport. DISCUSSION: Background: The State of California requires all cities to file an annual Housing Report to the Department of Housing and Community Development (HCD). The purpose of the housing report is to monitor the implementation of the City's General Plan Housing Element and progress toward meeting the City's Regional Housing Needs Allocation (RHNA). Summary:_ The City of Atascadero has made tremendous progress_in meeting the goal of providing a variety of housing opportunities for the public since the adoption of the General Plan in 2002. The Council has tasked staff with a number of priorities related to housing production and general plan implementation including: ■ Implement the General Plan's Smart Growth Principles ■ Increase the amount of affordable housing ■ Implement an inclusionary housing program ■ Allow mixed use development in commercial zones ■ Encourage infill and reinvestment of under-utiltized areas ■ Create a 2nd Unit housing program and amnesty program ■ Expand the use of the density bonus program for affordable housing ■ Cooperate with outside agencies on affordable housing projects ■ Improve the permitting process with the Permit Streamlining program The City has made significant progress on all of these priorities. Section 2 of the attached report provides a detailed description of the progress and accomplishments related to these tasks. One of the primary goals of the General Plan is to utilize Smart 190 . ITEM NUMBER: C- 1 DATE: 09/12/06 Growth principles to encourage infill development within the urban core rather than permit development at the periphery of town. The Urban Form diagram of the 2002 4 General Plan identified the urban core as the areas along EI Camino Real and Morro Road with Downtown as the central node for the community, General Plan Policy LOC 1.1.1 calls for the preservation of community "elbow room" and rural character by maintaining large lots at the perimeter of town and directing new development into the Urban Core. Goal LOC 1. Protect and preserve the rural atmosphere of the community by assuring"elbow room" for residents by means of maintenance of large lot sizes which increase in proportion to distance beyond the Urban Core. Policy 1.1. Preserve the rural atmosphere of the community and assure"elbow room"in areas designated for lower density development by guiding new development into the Urban Core to conform to the historic Colony land use patterns of the City and to respect the natural environment,hillside areas and existing neighborhoods. fIGUR[ 11-3: Urban form of Afascadero Mixed Use Node (�rfr�ff�rfl✓r�`fliiHtlili It/. (R2u.rralISubv5 ac min�ReWential ��\t�,``l�w^ y�. z'"� F�yr•X Single Family Neighborhoods DowrOwn by 11✓ iJrban Core •��l1 ."Y � � �,� Y i f a 1 y cy'ft a f GreenbeKA T lt 14 /1,Iilill3iilil'llitiiEiiililtifHitii311itUl� ��"' �xl4t�t� N = �i ttdlttttlt.. -flft�10htttttttltiltlt!-.. 191 ITEM NUMBER: C- 1 DATE: 09/12/06 Since the adoption of the General Plan in 2002 the City has approved land use entitlements for approximately 1,700 dwelling units. The following diagram indicates that the vast majority of these new units are located within the Urban Core, consistent with the General Plan's Smart Growth Principles. 13 ' t 1 C of Alascadero Approved Residential Projects k[s I�risil� f r s Gb'eouna n 1a 1� # � tt �(�' ' OINGn Naar.urwlLIFCO BpM�.MiT+anu auawP� araa }�tiri I7 r9�11F� +r1 L. ..owgnaN.nom ��ilFd�� I€�+IF��'yr•t j ��1 13�`-'�f'�i���11�� r� C�} �arps:rrol.r.nwN-n.�+wl_ w�m.t ee.r saq.r.dyNwa m+n o I] `` f 6FNA'.eirpa Famq NaNmN{0.5 •ManiiO U� i s 1 71 rFf r �; tl ecer.ea eo„� j 1 (�$ Y -j' l xY f��'1 1�rviEC:Cem�n.rtl�Rwrbn r i rK. ebr ro h 41:� (,nl l r, Et 3#$ r �a r f.. aNwpar.NNr.. --'l I p 1i�I1 � � s. 1 � �£ � Ir # .� �'" I +cv4 w•e.M�wnm w..:q a�.o.m E}q aptF) �t31 �}a # } r3E t f1111a 1M G t 1 4 ni } ( xlinJ I sy € ( ...__ ... .. w N..a y 4 1 uCw.bYA I _ .... ... E Iy r "�rwerb Ysdd+- nLllm .d b ... .., d., \ 5 5'p�,5,"wcr.PuiY _.. ,iauomh_._ S._._'wae aivai wti_.."1 busi_.. .. .. 's �I 4'`1 I/,`'% — Y� II 1r , �lrr0-m3Fa �nx amvaa 'w. 'b _1 11 L 1 _ ' �` - •..i.. lei_ T — - , EmUW Ursa AV u i Wo ium { 4 da SboSki' .. .vm �Y I �- uY NYM ,F4i}idMu '1 Wom 8✓lfA4 �1 I�e4. 0 riwAuw— ohY}dE _ _ _ T �aO.mal PbG aasOmlacl m . iMdj 1 PYnNa UhRam. SarvYuat W )v p'-I OnwWaroi��wr. S 192 ITEM NUMBER: C-1 DATE: 09/12/06 Analysis The year 2005 is past the half way through the RHNA time period. The RHNA allocates approximately 180 dwelling units per year to the City of Atascadero. As of December 31, 2005, Atascadero had met approximately 56% of its housing allocation, and has met or exceeded the requirement for above moderate or market rate housing. In 2005, Atascadero saw 121 residential units completed. Additional units were physically completed but were not finaled due to market conditions at the end of the year. Currently the City has met approximately 43% (up from 35%) of the requirement for moderate housing, and 16% for low housing (up from 6%). These percentages only reflect units that have been finaled and don't reflect future entitled units or the many units currently under construction. Staff expects additional very low, low, and moderate units will be completed in the coming year (2006) increasing the City's percentage of very low, low, and moderate income units as projects approved under the inclusionary policy complete construction. Several projects which received entitlement in 2004/2005 included provisions for approximately 58-86 very low units. These units have not been completed to date, although approximately 50 are in the building permit stage or under construction. TABLE 6 -City of Atascadero's Share of the RHNA* SIE T e't zeta! � r `et _tual: ar eta ctu1' ei `- 1e#il T 1 � t�al. 2001 46 0 34 5 41 0 61 94 182 99 2002 45 0 34 4 41 91 61 177 181 272 2003 46 0 33 6 140 3 60 132 179 141 2004 45 0 33 1 40 2 60 131 178 134 2005 46 0 33 26 40 34 61 61 180 1 121 2006 46 0 34 0 40 0 60 0 180 0 2007 46 0 34 0 40 0 61 0 181 0 2008 6 Mnths 25 0 19 0 22 0 33 0 98 0 TOTAL 1345 1 0 1254 1 42 1304 130 456 1 595 11,359 767 'All numbers are based on building permits completed in 2005(finaled). *The Low category includes all second residential units and guest houses. *"The moderate category includes all non-deed restricted multi-family units. 193 ITEM NUMBER: C - 1 DATE: 09/12/06 Since the adoption of the General Plan in 2002, the City has approved entitlements for approximately 1 ,732 dwelling units. The following table includes the project approval dates, total number of units and a break down of affordable units (a full size copy is included in the Annual Report). In summary, 13% of the total approved units are required to be affordable which equates to 98 moderate income units, 39 low income units, and 87 very low income units. City of Atascadero- General Plan Housing Element Residential units Appoved Since July 2002 income Category Aoled Name Applicatlon:Number Dole Approved TOW Residential Unbs Above Mod ! Moderate low I Very lee Senor Mired Use Oaks HD-1—Mitedl Approved housing Use Units 1 !Apple Valley PD-19-Del Rio Road �ZCH 2002-M 091 -_ 70 units 56 was! 14 units 0 wasl 0 was 2 !Woodridge Specific Plan SP•1 ZCH 2007-0041 I 1415'031 279 units 229 uniftsi 34 units 5 and 2 Mils 3 La Costa PD-20 ZCH 2002-0027 1 tx14/031 40 units 32 wilsi 3 units 0 raps 0 unit 4 Montecito PDA8 GPA 200.30004 03'2501 40 units 38 wn8 2untsl 0uas 0und 5 The Cddny PD-17 -rTCH 2002.0026 tx22'02� 38 units 36units 2 units own D uni0s 6 Dove Creek P0.12 ZCH 2DIXi0049 _09'28/01 278 units 259 cams D Is 0 ceps 20 ua4 7 _The Coony 2 P0.17 ZCH 2003-WW _ 0&11A4i __ 32 units 26 YYIs 6 units 0095 0 aids 8 Coroner PD-17(Pine Mountain TDR)GPA 20017.0009 _ 03"W4 16 units 11 Wash5 units 0 units O untls 9 7755 Nava)oa PD-7 ZCH 2002-0038.T OU13N 6 units 6 wits 0 units 0 unas! 0 alit a 10 17500 Navajos P0.7 ._.____....ZCH 2M3-0047 014104 d units 4 unasl 0 rods, "wan 0 canna 11 Marguita P0.7 ,ZCH 2003-0040 I 1x14104 a units 4 units 0 unasl O Ilbn 0 tzuls _ 12 DaAnza Estates PD•9 jZCH 2OD3�OW9 571103 26 units 211zulsi Sums D units Ouuls Ountsr 13 Rochelle Condo Map !TTM 2004-0058 1 I=D4 60 units 46 rolls 5 ams 5 u81s 2 ams 60 artist 14 Oak Grove P0.17 ZCH 200447082 1x12104 __24 uN15 20 ams 0 its __....unts_dl 14 urdsl 15 Morro Rd Mined-Use PD-22 GPA 2004.0013 070,07 4 units 4 unila 0 wits 0 units 0 LM45 4 was 16 Tunifas PD-7 ZCH 200.7_-0045 IIRSIO;ii 4units 4lslas 0was 0cauls gaits _ 17 Southside Villas Apartments CUP _...CUP 2003-0095 IDt21AY4! 84 units 64 units Our (13 unls or) 7 mots 16 Obispo Rd PD-17 ZCH 2003.0098 01127/04 8 units 6 ams 2 wins 0 units 0 units _ 19 San Jacinto Rd PD-7 1271004 5 units 5 units: 0 was 0 units 0 urns 20 TunitaslRcearo PD-7 ZCH 2(7030071 04,27iD4 4 units, 4 veils 0 was 0 ams 0 was 21 North Fertorartil - .GPA 20030009 17)1x172 44 untls 14 was 0 unaa D units 0 ant 22 3F Meadow W 20W-0005 07/05(W 111 units til units D Wasl 0Wool 0um 23 Emerald rrizo Hames CUP 2003-01 I6 110 m 42 units 10 units 0 wits 0 wits own _.. 24 5310 Canino Road P0.17 ZCH 2001-0078 Ot125g5 12 units_ _10 units P cels, 0 anis Ounds 25 Westpac Mizell Use GPA 20x!-0006 1x1604 45 untls `36 units. owns 3 units 2 ams 45 was 26 Horsing Auttlaity Senior Hotel CUP 20090119 12rD7r93 X19 carnes 0 rods! 0 was 0 was Ili was Iguana; �27 Atascadero Ave-Vintage Homes ZCH 2004-0086 _ M005 12.unils town 2mks Ounas own 28 9105 San Diego PD 16 ZGH 20080031 07/11!03 5 units 5 units 0 was 0 was 0 turns 29 5690 Rosario Ave ZCH 2O030065 04113'04, 5 units 5 —a was D unaa 00 ! 30 7250 Santa Ysabel P0.7 ITCH 20010017----- 09192/021 10 units 9 was 1 outs 0 units O unftsl - 31 5245 EI Camino Real GPA 2003.0011 x603041 2.unds 0 unds 2mun .us 0 its D w 2 was ............ ._ _- - 32 Atascadero Christian Homes CUP 8-89 07/061041 20 units 0 snits 0 cams 20 was 0lzas 20 Wait 33 5802 TraRlc Way CUP 2004-0122 owml 5 units Swifts 0 ons 0 units 0 WIs 5 Was 34 6205 Tecorlda Ave CUP 2004-0141 1207101 a units 8 cams 0 units 01ma51 0 lAa 35 7392-Santa-YsaDel ZCH.-e0044J090 _.T:. 02/1595 - 4uits _ 4tmas _. Owds Ounlsj Oums.. -.. _-.. 36 965 EI Canino Rrtal(E21) CUP 200301W TT 060BrOd 32 units Ounns �_ Oums-_�_Ootsl 32unls Previous j 51 2000 Forrocanil ,ZCH 2002-M _ __g9'17A2 16 units 16 units! 0 wits! 0;FSF 37 Chico Rdakes(LAmendmen03-0 t) jZCH 20061 -� 091202 anile 2 Was, 0 urns D was 0 ams _. ..__.—...._ -..._....._.._... _ _ _ 41_ Colima(Pine Min) GPA 20034009 039901 _ 5 units 5 Masi Dums_ 0 anis 0 uia 38 Parriza Cl(Amondm075 ant) ZCH 2003.0 030a 2 units 2 was 0 units 0 units 0 unit 39 11565 El Camino R eal PD-17 ZCH 2004.0093 DtYI5105 6 units ! was 0 Wats 0 anis 01aas 42 Emerald Ridge 0 CUP 2004-0146 mwwi 89 units 89 w4s 0 Was 0 arils 0 ur405 4/ Pino Solo GTP 20DEZ1559170 4 units dam! 0 rods D Wool Bunts CU 43 Navaloa Condos P 2005-0151 __ OE2L95 4 units 3 ons' 1 was --0 units owns 40 11155 El Canino Real(Oak Haven) ZCH20 5.O099 0809N5 62 units 53 was ___5_-inn 2 units 2 units 46 Marchant/fecorida Condos_ _ CPA 20D5.0014 Ox2h05 12 unasl looks 1 unus'j— 1 u_ns 0 wA I ^ 47 West Front _ GPA , G't IRB 32 units 26 units__3 unilsi__ 2 ums I units _ 48 Uncia Vista PD-28 ZCH 2006-0103 054Mi9G: 5 units 5 units 0 0 Was 0 was 50 6350 Santa Ynez Avenue CUP 20060181 ffilam 4 units 4 Was '0 anis 0 was 0 ups 45 Colony Square CUP 2004-0127 0871696 67 units 67 anise'; g ands 0 was 0 Was 67 um 49 San Andres,Atascadero.Navaloa Av ZCH 2005-0115 in paces 1 t its un11 ams ^0 uNls 0 was 0 w — __ I 52 8570 EI Corte ZCH 2DD6.0112 In process 10 units t0 ants 0 dins 0 no _Dons 53 Sano Ysabel(Pale1) ZCH 2005-0110 Barium. __ 12 units 12 uritis O Was 9 udls D was 54 Ferrocartil(Bed") ZCH 2005-0107 in process': 66 UNrs 6was Owns Owns Ovens 55 San Andres(Barre IZCH 2005-0097 .n 5 units 5 units 0 units 0 untls. 0 units Total 11732 units 1498 unite 99.units 30 units 87 units 99 units 31 unite 72 units 86% 6Ye 2% 5% 194 ITEM NUMBER: C -1 DATE: 09/12/06 Conclusion In a region with declining housing production and decreasing affordability, the City of Atascadero has made significant progress toward providing its share of housing. The projects that have been approved to date appear to be adequate to meet the City's RHNA from 2001 — 2008. Housing construction in the Dove Creek, Apple Valley, and Woodridge projects is expected to continue into 2006-07. FISCAL IMPACT: None. ATTACHMENTS: Attachment 1: Annual Housing Report 195 ITEM NUMBER: C-1 DATE: 09/12/06 Attachment 1: Annual Housing Report 2005 City of Atascadero FOUNDED CORPRATO 1918 � 1978 Annual Housing Report Calendar Year 2005 June 2006 196 ITEM NUMBER: C- 1 DATE: 09/12/06 CITY OF ATASCADERO CITY COUNCIL Tom O'Malley, Mayor Becky Pacas, Mayor Pro Tem George Luna, Councilmember Jerry Clay, Councilmember PLANNING COMMISSION Ellen Beraud, Chairperson Joan O'Keefe, Vice Chairperson Greg Porter, Commissioner Roberta Fonzi, Commissioner Bob Kelley, Commissioner Gregory Slane, Commissioner Tom Jones, Commissioner COMMUNITY DEVELOPMENT DEPARTMENT Warren Frace, Director Steve-McHarris, Deputy Director Kerry Margason, Contract Planner 197 ITEM NUMBER: C-1 DATE: 09/12/06 TABLE OF CONTENTS INTRODUCTION .......................................................... .....................................1 SECTION 1 - GOALS AND POLICIES Housing Element Goals and Policies.......................................................3 SECTION 2 — DESCRIPTION OF HOUSING PROGRAMS AND PROGRAM ACCOMPLISHMENTS Redevelopment Set Aside Housing Fund Program..................................8 Inclusionary Housing Policy .....................................................................8 Mixed Use Policy......................................................................................12 Second Residential Unit Ordinance .........................................................12 Second Unit Amnesty Policy....................................................................12 Section 8 Housing Voucher Program.......................................................13 Cooperation with Other Agencies.............................................................13 CDBG Funding.........................................................................................13 DensityBonus..........................................................................................14 Historical Preservation...........................................:..... ........................... 15 Energy Conservation................................................................................16 SECTION 3 — PROGRESS TOWARDS REGIONAL HOUSING NEEDS ALLOCATION, REDUCTION OF GOVERNMENTAL CONSTRAINTS AND OTHER ACCOMPLISHMENTS Progress Towards the Regional Housing Needs Plan Allocation.............18 Reduction of Governmental Constraints ..................................................19 Additional Accomplishments ........ ....... ................. .................... ............19 SECTION 4— SUMMARY AND RECOMMENDED HOUSING PRIORITIES FOR 2005 Summary..................................................................................................21 Recommended Housing Priorities for 2005..............................................22 i 198 ITEM NUMBER: C- 1 DATE: 09/12/06 .TABLES Table l — Quantified Objectives of the Housing Element...................... .............6 Table l A Quantified Objectives Accomplished .................... .. .......... ............23 . Table 2 — Redevelopment Housing Funds Received..........................................8 Table 3— Inventory of Affordable Housing Deed Restrictions... ....................... 10-11 Table 4—'CDBG Funds Disbursement............... ...............................................14 Table 5 — Density Bonus Projects.......................................................................15 Table 6 — City of Atascadero's Share of the Regional Housing Needs Allocationl8 Table 7 - Condominium Projects........................................................................ 19 FIGURES Figure 1 — Issued Building Permits 2005 ............................................................21 EXHIBITS Exhibit A City Map with Key Points Located 199 INTRODUCTION The past few years have been an exciting time for the City of Atascadero's housing programs. The City Council has taken several actions to promote a variety of housing products and provide affordable housing for our workforce. These actions include: ■ Updating the General Plan and Housing Element in 2002 ■ Adoption of an "Inclusionary Housing" Program in 2003 ■ Adoption of a "Mixed Use" Program in 2004 • Adoption of a Second Residential Unit ordinance in 2004 ■ Adoption of a Second Unit Amnesty policy in 2004 ■ Adoption of Equity Sharing Program for moderate income units 2005 ■ Authorization to Begin Process for Inclusionary Housing Ordinance 2005 ■ Authorization to Begin Process for Condominium Conversion Ord. 2005 All of these actions contribute to Atascadero's housing programs and enable the City to move forward in implementation of the City Council adopted Housing Element. The purpose of this report is to: ■ Comply with Section 65400 of the Government Code; and, ■ Provide the City Council with a summary of the progress made towards reaching • the goals of the Housing Element for the year 2005; and, ■ Acknowledge the goals which continue to need the attention of the City Council in order to fully implement the Housing Element. The City has continued to coordinate a high volume of entitlement and building permit requests through 2005. Staff moved into permanent offices in early December 2005, after two years in emergency "makeshift" facilities following the San Simeon Earthquake. In December of 2003, the City of Atascadero was hit with a 6.5 magnitude earthquake. The existing City Hall was severely damaged and rendered unsafe for occupation. It was necessary for City staff to relocate and become functional again, in a very short amount of time, in order to address the immediate health and safety issues of the community. During the first six to eight months following the earthquake, City staff was focused on the recovery effort. The following six to eight months were spent making the interim City Hall facilities functional, while continuing to process a high volume of permit requests. Now, in the new City Hall, staff continues to see a high level of permit activity. This report is formatted to meet the recommendations of the State Department of Housing and Community Development. The Housing Element goals and policies are listed in Section 1, followed by a brief description of the City's current housing programs and accomplishments in Section 2. Section 3 describes the progress achieved in meeting the Regional Housing Needs Allocation, reducing Governmental Constraints on development and a brief discussion of other housing accomplishments. Section 4 is a summary of the City's achievements and Staff recommended housing program priorities for 2006. 200 SECTION 1 GOALS AND POLICIES 201 HOUSING ELEMENT GOALS AND POLICIES GOAL HOS 1: PROMOTE DIVERSE AND HIGH QUALITY HOUSING OPPORTUNITIES TO MEET THE NEEDS OF ALL SEGMENTS OF THE COMMUNITY Policy 1.1: Encourage steady production of new housing, including mixed-use projects in commercial land use areas, to meet the needs of all household types in the City. Policy 1.2: Encourage a variety of high quality housing types in multi-family areas. GOAL HOS 2: INCREASE HOME OWNERSHIP OPPORTUNITIES Policy 2.1: Promote development and construction of new housing units for ownership, especially by low and moderate income families. Policy 2.2 Promote andencourage availability of new housing units to first time homebuyers. • GOAL HOS 3: ENSURE THAT AN ADEQUATE AMOUNT OF RENTAL HOUSING EXISTS Policy 3.1: Ensure that the proportion of low and moderate rental housing is not significantly reduced. Policy 3.2: Prioritize construction of additional assisted housing units. GOAL HOS 4: PROTECT AND CONSERVE THE EXISTING HOUSING STOCK AND NEIGHBORHOODS Policy 4.1: Encourage conservation and preservation of neighborhoods and sound housing, including places and buildings of historical and architectural significance. Policy 4.2 Encourage conservation and preservation of houses that have historical and architectural significance. Policy 4.3: Encourage attractive architecture and site landscaping that respect terrain and native trees. • Policy 4.4: Protect housing affordability where it currently exists. 202 GOAL HOS 5: ENCOURAGE ENERGY CONSERVATION MEASURES IN NEW AND EXISTING HOMES Policy 5.1: Continue to make residents aware of available energy saving techniques and public utility rebates. Policy 5.2: Encourage solar and other innovative energy designs when consistent with State and local ordinances. GOAL HOS 6: IMPROVE HOUSING OPPORTUNITIES AND LIVING CONDITIONS FOR PEOPLE WITH LOW AND MODERATE INCOMES AND THOSE WITH SPECIAL NEEDS Policy 6.1: Ensure that all persons regardless of race, religion, age, sex, marital status, ancestry, national origin, or color have equal access to sound and affordable housing. Policy 6.2: Encourage lending institutions to provide loans for projects for special needs groups, including one-parent households. Policy 6.3: Encourage multi-family projects that provide affordable housing. Policy 6.4: Encourage the development of multi-bedroom units for families. Policy 6.5: Ensure that persons with disabilities have adequate access to housing. GOAL HOS 7: EXPAND HOUSING ASSISTANCE EFFORTS Policy 7.1: Support rental assistance programs. GOAL HOS 8: DECREASE NON-GOVERNMENTAL CONSTRAINTS ON HOUSING PRODUCTION Policy 8.1: Encourage interplay between lending institutions, the real estate and development community and the City to better understand and address non-governmental constraints and facilitate production of affordable housing. Policy 8.2: Help lower development costs where feasible, especially for low and moderate income housing units. 203 GOAL HOS 9: DECREASE GOVERNMENTAL CONSTRAINTS ON HOUSING PRODUCTION Policy 9.1: Review projects in as timely a manner as possible, while maintaining adequate public involvement and fulfilling the appropriate requirements of State and local laws. GOAL HOS 10: ENSURE AN ADEQUATE SUPPLY OF LAND FOR NEW HOUSING PRODUCTION Policy 10.1: Encourage infill and intensification in areas suitable for housing within the USL. Policy 10.2: Consider revising the Zoning Ordinance to allow mixed use projects outside the downtown area. The Housing Element includes Quantified Objectives, as shown in Table 1 below, and as defined by the City Council, to aid in tracking the progress of meeting the stated goals and objectives. • 204 Table 1: Annual Quantified Objectives,2001-2008 New Construction 1.1 (2) Downtown mixed use 1 8 9 1.1 (3) Small lot single-family 10 10 1.1 (4) PD in SFR-X Zone 12 12 1.1 (5) Specific Plans for large projects 5 5 1.1 (7) Mobile and group homes 3 3 1.1 (8) Support Apartment Construction 2 6 16 24 2.1 (1) Density bonus 1 4 5 2.1 (2) PD-7 for small lot sub'ds. 5 12 17 2.2 (l) Mort. Credit Cert. pgm. 2 2 2.2 (2) Inclusionary ordinance 3 3 3.1 (3) Second units in SFR-Y 3 3 3.1 (4) Mixed-use projects 3 4 7 3.2 (l) Pub./private partnerships 3 3 6.4 (2) Large family units 3 3 Conservation 3.1 (2) Non-profit involvement 2 2 Rehabilitation 4.1 (3) Federal grant programs 14 14 4.2 (3) RDA funds 6 6 4.4 (l) No net loss of aff. units 0 Total Planned/Year 46 32 50 128 Total Required/Year 46 32 46 124 I 205 SECTION 2 DESCRIPTION OF HOUSING PROGRAMS AND PROGRAM ACCOMPLISHMENTS i 206 �'' Redevelopment Set Aside Housing Fund Program: The City Council established a Community Redevelopment Agency and adopted a Redevelopment Plan (Plan) in July 1999. A revision to the Redevelopment Plan in May 2003 clarified and refined the Agency's voting requirements. Some of the objectives of the Plan are to revitalize the downtown area, improve/correct existing infrastructure deficiencies, and expand and/or improve the community's housing stock in the redevelopment area. Program Accomplishments (Ongoing Program): As this is a relatively new program, redevelopment funds are still limited. As shown in Table 2 — Redevelopment Housing Funds Received below, the City has received approximately $1,096,005 in funds for the Low/Moderate Housing Set Asides. To date approximately $1,098,029 has been received with approximately $2,000 spent in administrative costs. Given the high cost of property in Atascadero and the high construction costs, these monies would not be sufficient to fund an actual residential project of any size. To date, the funds are accruing and, over the next year or two, Staff, in conjunction with the Housing Committee, will be outlining programs for the Redevelopment Board of Directors' review to best determine how to use the funds to implement the Redevelopment Plan. Table 2 - Redevelopment Housing Funds Received 1999 First Year of Plan, No funds received 2000-2001 $70,367 2001-2002 $153,109 2002-2003 $190,576 2003-2004 $265,446 2004-2005 $418,531 TOTAL TO DATE $1,098,029 Inclusionary Housing Program: In June of 2003, the City Council adopted an "Inclusionary Housing" Program that required all development projects needing a "legislative"approval to deed restrict 20% of the proposed residential units for affordable housing. The required 20% is to be distributed as 20%o Very Low, 37% Low and 43% Moderate in multi-family and commercial mixed use zoning districts and 100% Moderate in single family residential zoning districts. Projects proposing ten (10) units or less may, at the developer's option, pay in-lieu fees at 5.0% of the construction valuation for each residential unit or fractional unit in the project. Projects proposing eleven (11) or more residential units must have City Council approval to use the in-lieu fee option. Deed restrictions are for a period of 30 years. The program also requires that the affordable units be of comparable quality and dispersed throughout the project. 207 Program Accomplishments (Ongoing Program): In 2003 and 2004, the City processed several entitlement permits that required inclusionary housing or in-Lieu fees. Many of these projects are still in the process of recording final maps and applying for building permits. In 2003, deed restrictions were obtained for three (3) units, all at the moderate level. Building permits were completed for three moderate deed restricted units in 2003 (two of the moderate units from 2003 and one moderate unit that began construction in 2002). In 2005, there were 27 moderate level deed restricted units. Approximately 20 of these units were completed and sold in early 2006. Exhibit A, attached to this report, shows the location of the units and provides a tabulation of the type of deed restriction obtained. Exhibit A locates both projects which have been approved, but are still in the final map and/or building permit stages and projects which have completed the construction process. Many of the units listed in Exhibit A will not come on line until 2005/2006. As of June 30, 2005, the City had collected in-lieu fees in the amount of $83,649. The first in-lieu payment was received August 16, 2004. Table 3— In-lieu Housing Funds 2004 First Year of Program, No funds received 06/30/2005 $83,649 06/30/2006 _ $0 06/30/2007 $0 TOTAL TO DATE $0 This housing program contributes to the implementation of Housing Element Goals 2, 6 and 8. Mixed Use Policy: Provisions for mixed use residential/commercial development were added to the General Plan during the update process in 2002. In April 2004, the City Council adopted a mixed use application processing policy. This policy allows for Vertical Mixed Use through a Zone Change/Planned Development application and Horizontal Mixed Use through a General Plan Amendment. Program Accomplishments (Ongoing Program): The City processed its first mixed use entitlement in 2004 as a General Plan Amendment for a horizontal mixed use project. The project allowed for a commercial use on a main thoroughfare, with a duplex unit behind the store. Since that time, the City has processed approximately 3 additional 208 mixed use projects, resulting in 318 units. Exhibit A, attached, shows the location of the mixed use projects and provides a tabulation of the residential units for each project. This housing program contributes to the implementation of Housing Element Goals 1, 2, and 10. Second Residential Unit Ordinance: On July 27, 2004, the City Council adopted a "Secondary Residential Units and Accessory Structures Ordinance, that became effective August 27, 2004. Previous to this ordinance, second units were only allowed in the Single Family, One Acre Minimum Zoning District, when the property was verified to be one acre net. The new ordinance allows for second units in all residential zoning districts, subject to development standards regulating square footage, parking and wastewater requirements. Program Accomplishments (Ongoing Program): The City's updated Second Residential Unit Ordinance became effective on August 27, 2004. Under the new ordinance, approximately 4 permits were submitted for processing in 2004 and 3 have been completed in 2005. These second units are incorporated into Table 6, as "Low" income units. This housing program contributes to the implementation of Housing Element Goals 3, 4, 6, 9 and 10. Second Unit Amnesty Program: In addition to the Second Unit Ordinance, the City Council adopted a Second Unit Amnesty Policy that provides for registration of second units and guesthouses that were constructed or converted without entitlement or construction permits. The Amnesty Program runs from September 1, 2004 until September 1, 2008. Program Accomplishments (Ends September 1, 2006): Since the implementation of the Second Unit Amnesty Program on September 1, 2004, the City has completed one (1) permit for non-permitted conversions of second units. It is anticipated that several permits will be processed in 2005 and completed in 2006. This housing program contributes to the implementation of Housing Element Goal 4. Section 8 Housing Voucher Program: This is a state funded program, administrated by the Housing Authority of San Luis Obispo (HASLO). Income qualified households may have a portion of their residential rental costs subsidized by the program. Program Accomplishments (Ongoing Program): This program is administered,by the Housing Authority of San Luis Obispo (HASLO). HASLO has administered the program since the mid-1970s. As of June 1, 2006, HASLO has 263 units (14%) within the City of Atascadero under Voucher contract out of a total of 1,808 units County-wide. This is 3 209 units less in Atascadero than what was available in 2004 (266 units for 15% of the total), with an increase of 33 units County-wide. This housing program contributes to the implementation of Housing Element Goal 3. Cooperation with Other Agencies: This is a flexible, informal policy that allows the City to work with public and/or non-profit agencies in the procurement and/or construction of various affordable housing products to meet the needs of multi-family, single-family and senior households. Program Accomplishments (Ongoing Program): In 2004, the City worked with the Economic Opportunity Commission (EOC) processing an entitlement permit that allows for a 32-bed overnight shelter in its Residential Suburban zoning district. To date, the project has not been built, however, EOC has indicated that they are working on grant funding, and construction plans may be submitted in Summer 2006. Housing Authority of the City of San Luis Obispo_LUASLOI processed entitlement permits for a 19-unit senior housing project. The conditional use permit was approved in December 2003. Building permits have been submitted for this project and Staff is currently working with HASLO to find ways to reduce construction costs. The entire project will be deed restricted to require that the units be rented for no more than 60% of the median County income level, qualifying the units as "lower" income. The City works closely with HASLO in the administration of the Section 8 program, certification of eligible households for deed restricted units, and exploring ways and means to promote and provide affordable housing within the City. The City also holds a commissioner's seat on San Luis Obispo Housing Trust Fund's Commission. This housing program contributes to the implementation of Housing Element Goals 1, 3, 6 and 7. CDBG Funding: Community Development Block Grant (CDBG) funding is provided by the Federal Government to communities. These grants are intended to benefit low and moderate income groups, address slums or blight and/or meet a particularly urgent community development need. Program Accomplishments (Ongoing Program): In keeping with the goals (and requirements) of the CBDG program, the City uses these funds to support and assist youth, housing, health, and code enforcement programs, in addition to urban renewal projects. As shown in Table 4 — CDBG Funds Disbursement, approximately 5% of the CBDG funds for 2005 were awarded to various housing programs, including the EI Camino 210 Homeless Organization (ECHO). This organization provides overnight shelter to homeless individuals and works with the Economic Opportunity Commission (EOC) of San Luis Obispo County to provide ongoing services designed to help individuals into permanent housing situations. CBDG grants were also awarded to the North County Women's Resource Center (NCWRC) for renovation of their emergency shelter. Table 4- CDBG Funds Disbursement Americans with Disabilities $22,000 9% $67,679 30% $228,492 40% $84,525 32% Act Youth Services $49,100 22% $7,000 3%° $14,000 2% $8,235 3% Health Services $6,000 3% $2,000 1% $8,000 1% $2,500 1% Housing Services $17,900 8% $27,345 12% $29,240 5% $43,000 16% 'Redevelopment/Economic $5,500 2%° $26,500 12% $198,965 35% $50,000 19% Development Code Enforcement $85,000 37% $50,000 22% $50,000 9% $50,000 19% Administration $42,174 19% $45,131 20% $45,138 8% $27,209 10% '"TOTALS $227,674 100% $225,655 100% $573,833 100% $265,469 100% *Literacy Council grants are included in the economic development funds **Code Enforcement grants include substandard housing enforcement funds This housing program contributes to the implementation of Housing Element Goal 6. Density Bonus: The City provides a density bonus program that allows for a 35% increase over the base density when deed restricted affordable housing is provided in a project. In addition to the 35% increase, an additional 15%increase may be awarded for a project that provides exceptional architectural design. Program Accomplishments (Ongoing Program): Over the course of the last few years, several projects have been through the entitlement process which included density bonuses. The City allows for an additional 10% density increase over the State requirement of 25% when inclusionary housing is included in a project. Multi-family projects with exceptional architectural design may receive an additional 15% density increase, for a potential total of a 50% increase over base density. Table 5-Density Bonus Projects shows the projects which have received bonus densities in the last few years. Only one project with density bonus was approved in 2005. 211 Table 5 — Density Bonus Projects RS 12 4 16 10/08/02 RSF-X 56 14 70 08/12/03 RSF-X 247 22 9 278 09/23/03 RMF-16 64 22 86 10/07/03 CR 14 5 19 12/02/03 RSF-X 28 3 31 05/11/04 Mixed 200 70 9 279 08/17/04 RSF-X 21 3 24 09/28/04 RMF-10 3 1 4 06/21/05 RMF-16 27 9 4 40 01/17/06 672 21 129 25 847 "Zoning Designations RS= Residential Suburban; RSF-X= Residential Single Family, .5 acre minimum; Mixed = Residential and Commercial Use; RMF-16= Residential Multi-family, 16 units per acre; CR = Commercial Retail This housing program contributes to the implementation of Housing Element Goals 1, 2, 6and 8. Historical Preservation: Historical preservation was a noted concern of the Atascadero community during the general plan update process. To address this concern, the City Council adopted a'historical preservation goal in the housing element. In conjunction with infill development in some of Atascadero's older neighbors, the City Council has applied an historical overlay district on five (5) of the remaining Colony houses. 212 Program Accomplishments (Ongoing Program): The recently updated General Plan Housing Element includes a goal to protect and conserve the existing housing stock and neighborhoods. Conservation and preservation of neighborhoods and sound housing, including places and buildings of historical and architectural significance is a major policy of this goal. The City of Atascadero was subdivided by E.G. Lewis in the early 1900's and marketed as a "utopian farming community. Several of the original lots were sold and developed with "colony' homes which still exist today. Preservation of these homes, where feasible, is important for maintaining a connection to the original principles upon which Atascadero was built. This housing program contributes to the implementation of Housing Element Goal 4. Energy Conservation: This program strives to inform residents of available energy saving techniques and alternative and/or innovative energy designs. Program Accomplishments (Ongoing Program): The City uses public information brochures and other materials to inform residents of energy saving techniques and allows for the construction of solar and wind generated facilities. In 2005, the Building Department completed six (6) permits for construction of solar- powered energy systems for homes and businesses and four (4) solar permits for swimming pools A system for recycling of construction "waste" t is being considered by he Building Department and is expected to come online in 2006. This program will consist of public education and reference materials in support of a "construction waste handler." i 213 1 SECTION 3 PROGRESS TOWARDS REGIONAL HOUSING NEEDS ALLOCATION, REDUCTION OF GOVERNMENTAL CONSTRAINTS AND OTHER ACCOMPLISHMENTS 214 Progress Towards the Regional Housing Needs Plan Allocation: The City of Atascadero recently adopted an updated housing element in June 2002. The updated element was completed prior to the final calculations on the Regional Housing Needs Plans (RHNP) by the San Luis Obispo Council of Governments (SLOCOG). The final RHNP (adopted in January 2003) is shown in Table 2, below, as the "Target" for the various income levels. The "Actual" column shows the number of residential building permits completed for the various income groups. The table includes the timeframe for meeting the RHNP, in order to show the City's overall progress. The "Actual column is based on completed building permits. TABLE 6 - City of Atascadero's Share of the RHNP (Based on "finaled" Building Permits for 1/1/01-12/31/05) . .. HISINGI LYAWNITs BY NOWE. A .i 1� .,_. ..., '- O � SEf 'LaN LOAind # EF3A�i * TpI�AL � 'a AetuaTr ttua1._ Thr, et< `Aca1 TK` i4ctuat Tar et cta 2001 46 0 34 5 41 0 61 94 182 99 2002 45 0 34 4 41 91 61 177 181 --- 2003 46 0 33 6 140 3 60 132 179 141 2004 45 0 33 1 40 2 60 131- 178 134 2005 46 0 33 26 40 34 61 61 180 121 2006 46 10 34 0 40 0 60 0 180 ' 0 2007 46 0 34 0 40 0 61 0 181 0 2008 6 Mnths 25 0 19 0 22 0 33 0 98 0 TOTAL 345 0 254 42 304 130 456 595 1,359 1 767 *The Low category includes all second residential units and guest houses. **The moderate category includes all non-deed restricted multi-family units. The year 2004 was approximately half way through the RHNP time period. As of December 31, 2004, Atascadero has met approximately 46% of its housing allocation, and has met or exceeded the requirement for above moderate or market rate housing. Currently the City has met approximately 42% of the requirement for moderate housing, and 17% for low housing. Several projects which received entitlement in 2004 include provisions for approximately 58 very low units. These units will not come on line until 2006/2007, depending on the individual developer's timeframes. Overall, the City has met approximately 56% of the total RHNP as of December 31 , 2005. In addition, 329 residential building permits were issued in 2005 and have not been completed to date. If all units are completed in 2006, the City's housing total will be 1,096 or 81% of the RHNP. 215 Reduction of Governmental Constraints: Over the past few years, the City of Atascadero has implemented several new programs and policies to reduce governmental constraints on housing production. While these programs and policies are difficult to quantify, the feedback from developers and others, in the housing production community is generally favorable. The new programs and policies include: ■ Improved tracking process for permits under review with public access over the internet ■ Weekly inter-departmental plan check review meeting ■ Completion of a four (4) prong permit streamlining program ■ One stop permit center ■ On line permit center with public information ■ Target dates for plan check reviews ■ Intake meetings to insure that complete applications are submitted ■ Housing Committee to research and make recommendations to the City Council on potential housing programs ■ Second Unit Ordinance ■ Second Unit Amnesty program These programs contribute specifically to the implementation of Housing Element Goal 9 and generally to Goals 3, 4, 6, and 10. Additional Accomplishments: The City has seen an increased interest in condominium subdivisions. Many of these subdivisions have taken place on under- utilized multi-family zoned parcels. Table 7 Condominium Projects below, shows the number and type of condominium projects processed in the last few years. Table 7— Condominium Projects 2003 RMF-16 2 2 02/18/04 2004 RMF-16 1 2 3 05/21/04 2004 RMF-16 1 2 3 09/23/04 2004 RMF16 1 (Colony) 2 3 01/05/05 2004 RMF-16 3 0 3 11/05/04 Previous ' 2004 RMF-10 4 4 06/20/04 2004 8 8 12/07/04 216 2004 35 35 05/18/04 2004 LS/PD 60 60 11/03/04 2004 RMF-10 4 4 03/01/04 2005 3 3 10/18/06 2005 RMF-10 3 3 04/21/06 2005 RMF-16 4 4 09/20/05 2005 67 67 10/04/05 2005 RMF-10 1 3 05/02/06 2005 RMF-10 4 4 02/07/06 2005 RMF-16 36 36 In process 2005 RMF-10 12 12 09/27/05 2005 RMF-10 4 4 06/21/05 Total New Dwelling Units 142 1 201 1 245 In conjunction with the condominium projects, 165 entitlement permits were submitted for processing in 2005. These entitlement permits resulted in approval of approximately 144 new dwelling units for the City. In addition to the above activities, in 2005, the Building Department completed 14 of the 72 residential building permits issued in 2004 as a result of the San Simeon Earthquake with a total valuation of $436,600. 217 City of Atascadero- General Plan Housing Element Residential units APpreved Since July 2002 income Category Prokcl Nam Application hu erI Dale Approved I Total Reskential Units Above Mod 1 sealants, Los' ( Very Lew Senior Mixed Use units Downtown Mind Approved Housing use Units I !Apple Valley PD-19-Del Rio Road ZCH 20020035 1 0673473. 70 units 56 unit, _14 units 0 units. 0 was 2 WootlnOge Specific Plan SP-1 ZCH 2-30D41 tU95103t 279 units 229 Mas 34 units 5 wits 2 units 3 La Costa PD 20 ZCH 2-2-0027 101140; 40 units 32 units3 ceras 0 was 0 units - 4 Monleeilo PD-18 GPA 200_30-4__ DY254Ki' _ 40 units 38 units 2unds, Oun4S Dune 5 The Colony PD-17 'ZCH 2002.0026 1d27A2 38 units 36 wits 2 units 000 0 was--- .. 6 Dove Creek PD-12 IZDi2003OD49 09269- 279 units 259 was D Mas 0 ones p wits 7 The Colony 2 PD-17 ZCH.2003-K63 W11104 _ _32 units 26 osis 6 units 0 units 0ones rn 8 Coroar PD-17(Pine Mountain TDR).GPA 2003-0009 0323004 _ 16 units 11 u its 5 units 01,rriel 0 nits 9 7755 Navajos PO-7 ZGH 2002.0036 04/134041 6 units 6 units 0 units 0 units 0 title 10 7500 Navajos PD-7 ZCH 2-30047 ! 04'1470- 4 Units 4 was 0 units, 0 was 0unils 11 Maryuila PD-7 IZCH 2-3-00040 ' 19'14704 4 units d wits O ua51 D.Mms O UNIs_ _ 12 Dennza Estates PD-9 !ZCH 2DO34 9 I ta71rD31 _ 26 units 21 wls- _ _5 unit' 0 cauls 0 units 0 ands; — 13 Rochelle Condo Map______�~TTM 2004-U6 i 11 _ 60 units 48 was _ _5_uNLsl 5 oils 2 Mast 60 cense; 14 Oak Grove PD-17 IZCH 2OD4.0082 ___ _ 10'1 2�_ 24 units 20 Mals O trade (2 units u( (4 udt5) _.. _ _— _ 15 MorroRtl Meed-Use PD-22 GPA 2004-0013 0787,04! 4 units 4 ands_ 0 units 0 orals Dunn 4uuls 16 Tunitas PO.7 ZCH 2003-•0095 I tr2510s1 4 units 4 units 0 WAS 0 units 0 unit ,__...._....___�. _ r, 17 Southside Villas Apannlents CUP CUP 20003-0095 Id21A73� 84 units 64 cents O units 113 was or]I 7 ants ill Obispo Rd PD-17 ZCH 2013-OW _ 01127,104 8 units filmes 2 Mns 0 was 0 units —._......._............._._ _ 19 San Jacinto Rd PD-7 ZCH 2MOO63 12711004 5 units�5 oils 0 was 0 units; 0uas 20 TuralaslRosano PD-7 ZCH 2003-0071 _ _ 04/27/94 4 units 4 was 0 units 0 untsl 0 ams 21 North Ferrocanil GPA 2003-1009 _�._t:7q 44 units 44 ams 0 units —0 was 0 units ._._....__3F _.J......_.........._........_ �._.�....._.. 22 3F Meadows LLA 2Tpp.0005_ _ 02JDyD3 111 units_ t i I units 0 ams 0 ands 0 was �23 Emerald Ridge Homes CUP 200(1-0116-.._.`�OSNar04 _ _ 42 units ._"lo urm�i 0 units O wits .__ ._. _ 24 X5310 Camzo Raatl PD-17 ZCH 2001-0078 0112595 12 ands 10 ams 2 units' C units 0 cent 25 Westpac Mixed Use GPA 4-30D0A 102604 a5 units 36 umis, 4uits 3links _2 Miss45vas _ 26 Housing Authority Santa Holes CUP 20030119 ---..._..;2+00247,9 19 units D unisl O was O units 19 wet� 14 ams _ —_— 21220 ;......__.._M._ _ 27 Atascadero Ave-Vintage Homos. ZCH 2(104-0086 0212295 12 units to Maul 2wlls Ounils Duntls 28 8105 San Diego PD 16 ZCH 2-20001 0211 IA3 5 units 5unes Owns 0uMls 0 an _------- 29 ___ —_.__.._......_._ _... __ __ ___ --i 29 56900 ROsark Ave ZCH 2003,M 04113941 5 units 5 Mr15 0 ones 0 anile 0 1,a I— ._.._....a_......._..... 30 7250 Santa Vsabel PD-7 ZCH 2001 ODI? 04/02'02' 10 units 9uniLa tuns Duals Dum 31 5245 Carrow Rtsel __GPA 2003U011 64N3'D4�. 2 units O units 2 oils O cauls EI Owns 2 was 32 Atascadero Christian Homes CUP 8.89 07706'04 20 units Ouas Gums 20 was 0urAs .perils 33 5802 Traffic Way CUP 2-40122 O07104 5 units— 5 ams 0 Most Owns 0 cauls 5 wills; 34 6205 Tecarida Ave CUP2-0141 12107104 8unils awns (1wil5 Owns Owns 35 7392 Santa Ysabel ZCH 2004-0090 0?71595 4unIL5 4un15 Ounas _ Ouals O.ugls 36 985 EI Camino Real(EOC)"_.._._......._CUP 20(130108 06'09004 32 cense ___Owes_ Gums _ Ounits�-32_uMs ___T_ Previous 51 2000 FerrocarH .ZCH 2-2.0029 09'17102 16 units 16 umsl Oumsl Oran _�Ouals 37 Chico Rd(Lakes Amendment) ;ZCH 2003-0061 09mm 2units 2udlsi 0LOW 0Mus 0Mal 41 Colima(Pine Mtn) __ GPA 2003MN 030994 '- 5 units 5 unts 0 was 01,11115 0 urn 38 PanVa Cl(A-ndmen0 ZCH 2103-0075034i8?5 _ 2 units __ 2 units O units! 0 tans 0 uraul 39 1565 EI Camino R eal PD.17 ZCH 2004-M IXy15951 ___�•^6 units _6 was 0 units 0 units) 0 was 42 Emorold Rkge 11 CUP 2O04-0146 MW%I 89 units 89 ams 0 units 0 wit 0 units CUP 2005-0155 05117105 -- 4 units 4 urns 0 was 0 units O.tn!I9 1—___-- 43 1Nanajoa Condos CUP2-10151 OB'21)� 4unts 3was Tunas 0units 0wa 40 1155 EI CarNrw Real(Oak Hawn) ZCH 2O05.039 _--060M --- ---�62 units 53 wits 5 urns tams_ 2 was 46 MardlanUTec_o_rida Condos GPA 2705--14 0927105 12 units le oils 1wilt! ---I was 0Mile ._._._ 47 West From GPA 2003-0-5 luliml 32 units .26 units 3undsi gums luras 48 Linda Vista PD-28. ZCH.2005-0103 OS92r-... _5units—5 un _. Olins - -0units- -0was - -- -- - - - - 50 8350 Santa Ynez Avenue CUP 2006-0181 py9206 4 units 4 una51 0 was 0 was 0 was 45 Colony Square CUP 2004-0127 08(16W 67 units 67 was, Ounits Gums Davits 67 wits _52 ess 49 San Andres,Atasradero,Navam9Av ZCH2005-0t15 _ invoc11 units _ 11 last 0was Owls 0 i _8570 EI Corte ZCH 2006-0112 _ �in process 70 uOu15 DNwas 53 Santa Ysabel(Patel) ZCH 2005-0110 in process 12 units 12 was �Ourits 0was Duna _ 54 1 Ferrocaril(Beck) IZCH 2DMI07 in process' 6 units 6 was O was 0_wns O Laos 55 Isan Andres(Barrel IZCH M-OD97 in Process, 5 units 5 units 0 units 0 units 0 units Total 1732 units 1408 units "99 units 38 units 97 units 99 sinks 31 units 72 units 66% 6% 2% 5% 218 SECTION 4 SUMMARY AND RECOMMENDED HOUSING PRIORITIES FOR 2005 219 SUMMARY: The City has enacted several programs and approved entitlement permits for several projects that contribute to the implementation of all of the Housing Element goals. As seen in Figure 1, below, over the past five years, Atascadero has seen a significant increase in development activity involving both large and small projects. Building permits issued increased 43% from 2000 to 2004 and held steady for 2005. This activity has provided opportunities for implementation of housing programs designed to meet the requirements of the Housing Element goals. In addition, this activity has given the City a greater diversity in its housing products, from apartments to new subdivisions. Figure 1 — Issued Building Permits 2000-2005 Building Permits Issued 2000-2005 1200 1000 800 N N �. 600 L d �- 400 - 200 0 2000 2001 2002 2003 2004 2005 Year The year 2004 was approximately halfway through the time period for meeting the requirements of the Regional Needs Housing Allocation and for implementation of the current Housing Element, which is required to be updated in 2007. To date, the City has met 56% of its Regional Housing Allocation (RHA) and if all the projects which currently have entitlement are built, the City can expect to meet and exceed 100% of the overall RHA. 220 Table 1A — Quantified Objectives Accomplished, shows how the City is meeting the goals of the Housing Element by income level. The Quantified Objectives was officially adopted in June of 2002. Consequently, many of the target numbers for 2001 and 2002 were not met. In 2003, substantial progress was made in reaching the target numbers, which carried forward throughout 2004 and 2005. Programs 2.2 (1), 4:1 (3), 4.2 (3), and 4.4 (1) are _the only programs where progress has not been made. Staff is recommending that the City Council establish these programs as a priority for 2006. The following table, Table 9 — Percentage of Quantified Objectives Met shows how the City is doing overall in meeting the quantified objectives. Additional detail can be found in Table 1 A which shows the actual breakout of each of the programs' categories. TABLE 9 - Percentage of Quantified Objectives Met Procrar y 3 Desorption _ 20t�1r2i66 2fT01k"d# °F= +►coo' fihed�- . m ,. . Downtown Mixed Use36 5 4 Small Lot Single Family 40 8 20% 1�A PD in SFR-X Zone PD-17 48 118 245% Specific Plan for Large 20 279 1,395% . Q1,,, Projects Mobile and Group Homes 12 32 266% Support Apartment 96 105 109% Construction 2 Density Bonus 20 139 695% PD-7 for Small Lot Subdivision 68 37 54% PC, , 1,- Mort a e Credit Cert. Program 8 0 0% -"0Inclusionar Ordinance 12 200 1,666% ; ...r .H Second Units in SFR-Y 12 9 75% ' Mixed Use Projects 28 323 1,154% ?.) M- Public/Private Partnerships s --12 -25- 208% 4� Large FamilyUnits 12 4 33% 1 43-1 Non-profit involvement 8 19 236% Federal Grant Pro ram 56 0 0% ,. RDA Funds 6 0 0% 4�1M, No Net Loss of Affordable0 0 0% «, x Units Based on the objectives that have been met and those that are still outstanding, a "road map" can be designed to help focus the attention of the City Council, over the next five years, to fully implement the Housing Element. Recommended Housing Priorities for 2006: Again, referring to Table 1A on the following page, it is apparent that several identified programs in the Housing Element still need to be implemented. These programs include the Downtown Mixed Use, the Mortgage Credit Certification Program, No Net Loss of Affordable Units, and the federal grant and redevelopment funding programs. 221 Community Development Staff is recommending the City Council establish the following housing program priorities for the year 2006: 1. Five year update of the General Plan Housing Element 2. Certification of the 2002 Housing Element Update of the General Plan. 3. Establishment of the Mortgage Credit Certification Program. 4. Approval of an Inclusionary Housing Ordinance 5. Approval of a Condominium/Mobile Home Conversion Ordinance 6. Research of housing entities that will purchase units which are near the expiration date of their affordable deed restriction 7. Identification and evaluation of housing programs, within the Redevelopment Plan area, that could be funded with Redevelopment Agency monies 8. Update the Density Bonus Ordinance to reflect State law changes effective January 1 , 2005. \\Cityhall\cdvlpmnt\-Affordable Housing\Annual Housing Reports\Annual Report 2005 for9-12-06 Mdoc 222 ITEM NUMBER: C-2 DATE: 09/12/06 1918 ■ 19 8 J �ATAsrAn�,D Atascadero City Council Staff Report City Manager's Office City Council Strategic Initiatives Update RECOMMENDATION: This is an informational report; Council may want to refine the work on, or direction of, one or more of the initiatives: DISCUSSION: • This is an update of the City Council's Strategic Initiatives. Below, the initiatives are referenced with a specific narrative regarding recent progress during the last six months (April-September 2006). Enhance Public Safety Public safety continues to be the City's number one priority and staff has continued to make progress. The Police Department has been focusing on three primary goals relative to the Council initiative on enhancing public safety. The goals focus on youth in the community, public outreach and traffic safety. As for working toward making the community safer for young people, staff is: o Participating in the planning meetings for operation of the youth center o Making frequent visits of the skate park and participating in youth related events o Taking significant strides in re-establishing connection with schools _ by conducting in-service training to staff at the Jr. High, implementing a program for officers to spend time weekly at various schools, conducting training at schools in drug and alcohol awareness, and providing demonstrations at public events. o Staff worked with high school leadership students to conduct a condensed version of Every 15 minutes alcohol and drug awareness demonstrations. Staff is working with the leadership students also to conduct the full Every 15 minutes program in June 2007. -224 ITEM NUMBER: C-2 DATE: 09/12/06 Related to the goal of enhanced public outreach the Police Department has: o Initiated public outreach meetings to offer information on topics of interest related to current trends such as robbery prevention, identity theft, and drug awareness. o Staff began what will be a long term commitment of coordinating with other agencies to present alcohol and drug awareness information at school open house events. o Individual staff members have made crime prevention presentations at residential and service club meetings. o The Police Department collaborated with Atascadero State Hospital Police to conduct National Night Out activities at the Lake Park, which included K9 demonstrations, child ID crime prevention and other topics. o Staff has plans to provide personnel to attend the "Hot Topics" nights at the high school where topical issues are brought before interested parents and students. o The Crime Free Multi Housing program, where PD trains rental property owners and managers in enhancing the living environment of their respective properties, has progressedsubstantially since the last update. The program kicked off in March 2006 with one apartment property participating. To date, at least 26 apartment owners/managers have received initial training. This represents close to 30 different rental communities that are in various phases of the 3-phase program. Traffic Safety remains a top priority for the Police Department. Efforts in this area • include: o Patrol plans have been initiated giving officers daily direction on problem areas in which to focus efforts. o The additional officer position authorized by Council that began July 2006 has been assigned to traffic enforcement duties. o A new motorcycle is on order using Office of Traffic Safety funds, which increases the traffic unit to two motorcycle officer positions. o Two additional radar speed signs are on order, which will increase the number of signs to 6. Upon arrival of the new signs some of the existing signs will be re- located to address speeding problems in other areas. o The Police 'Department and Public Works are currently working with Monterey and San Gabriel Road School staff and the Parent Teachers Association representatives to make some changes to signage and striping in the school zones. Changes will facilitate traffic flow during pick-up and drop-off times and are expected to enhance the safety of children at those peak times. The Fire Department has also made significant progress to improve public safety. Specifically, the Fire Department has: o Enrolled one reserve firefighter in the new Cuesta College Paramedic Program called Central Coast Paramedic Program CCPP. This program creates a local opportunity for paramedic training. For the past 10 years, students had to attend � 225 ITEM NUMBER: C-2 DATE: 09/12/06 classes in Santa Cruz, Lompoc, Bakersfield or Ventura to become a paramedic. . Atascadero has been fighting to get a local program for six years. This program will facilitate our ability to train future paramedics. o In April, a functional City disaster. drill took place with all departments participating. The scenario involved a hazardous materials incident occurring behind Home Depot that affected 300-500 people. A full EOC activation occurred and was graded by proctors from outside of the city. Council member Clay and Mayor O'Malley participated. The independent proctors graded our "response" with high marks. o Staff is completing the third phase of the City's emergency plan training which includes training departments on how to operate Departmental Operating Centers or (DOC's). o Completed a safety stand-down process. Each of the three shifts participated in the stand-down. This was based on a national program that was tailored to meet our local needs. Stand-downs allow firefighters to set aside a full day to focus on training and safety issues. Nationally, injuries in the fire service have dropped 40% in the three months following stand-downs. o Completed the Westside Evacuation Plan. This fall/winter, street signs on the westside will be altered to include evacuation route signage. We will post routes with color identifiers. This should improve evacuations, should we need to evacuate the western half of the city. Pre-scripted EAS (Emergency Alert System) messages and City Watch will be used to activate these various evacuation routes depending on the threat type and/or direction it is moving. o Working hand-in-hand with the High School and the Police Department to deliver the Every 15 Minute Program next June. The Fire Department assisted in a smaller version of Every 15 Minutes this past June. o Atascadero is the recipient of a $250,000 regional Office of Traffic Safety grant. Atascadero will receive a new set of the "Jaws of Life" and seven other sets will be distributed strategically throughout the county. o Grant money for the popular chipping program continues to be under the threat of budget cuts from the federal government and funding is in jeopardy. Staff has prepared a grant request through Senator Barbara Feinstein's office to continue funding. The grant request for the City is $200,000 annually. Senator Feinstein's office has been in contact with fire staff in the past two weeks. Staff has received strong indications the grant will be funded. As a reminder, if the grant is not received, the program may be terminated. Staff will continue efforts to find alternative funding mechanisms. o The Rojo Police, Fire, Transit and Public Works radio site is completed. It went operational Sept. 1St o Entered into an agreement for services with the USES. Fire personnel have been in the Los Padres Forest covering a fire station and training. Fire staff has developed a wealth of knowledge and have made many new professional relationships due to this agreement. The City may now receive more mutual aid resources on fires within the City; and staff has have learned new fire resource management skills. Labor costs from the agreement have been reimbursed by the USFS. 226 ITEM NUMBER: C-2 DATE: 09/12/06 o Code Enforcement continues to be a challenge but staff is making progress. Monthly updates are now on file in the City Manager's Office. Approximately 48 open or active code enforcement cases are in progress, many requiring court action. Three to four cases a month are now coming before a judge, however, most cases are being corrected through the administrative citation process: Improve the City's Financial Condition It appears that fiscal year 2005-2006 will come in significantly better than budgeted, as the projected slowing of the real estate market did not materialize last fiscal year. ,This translated into higher than expected supplemental property tax revenues and development revenues. While the development revenues will have corresponding expenses in future years, the strong supplemental tax roll will translate into higher than projected property taxes this fiscal year. Staff continued to make progress on several projects including the following: o Updated Service Fee and Development Impact Fee Schedules have been adopted. The Service Fees went into effect on September 8t" and the Development Impact Fees will go in to effect shortly. The fees were carefully calculated to determine the revised costs to the City of performing the related services. The fee_schedules were then brought to several community groups and key stakeholders for input before being reviewed by the Finance Committee, and eventually, the Council. The updated fees should more effectively cover the costs of the services, and they are still in line with fees from other agencies. o Successfully applied for and received a $2 million grant from the California Cultural and Historical Endowment (CCHE) for the rehabilitation of the historic City Hail. o Continue to speak and work with several retail developers throughout the City on retail development projects. Several projects are in the planning stages. Colony Square is being demolished and construction is expected to start next month. Construction of the theater is expected to begin in December 2006 and be completed in November 2007. o The Atascadero Farmer's Market relocated to the Sunken Gardens at the beginning of June. Locating the market downtown again has had a positive impact on the downtown businesses. There has been a remarkable response from community members and vendors alike. o Continue to monitor our expenses and look for opportunities to decrease costs, bringingmore efficient and cost effective services to the public. o Completed an internal Financial SWOT Analysis (Strengths, Weaknesses, Opportunities and Threats Analysis) and are working with the Finance Committee to complete the bi-annual update of the City's Comprehensive Financial Plan. 227 ITEM NUMBER: C-2 DATE: 09/12/06 o Staff is in the process of reviewing the Purchasing Policy. By fine-tuning the Policy, the City can work more effectively and efficiently, thereby conserving resources. o Reviewed and updated the Investment Policy, to ensure that the City's cash assets can earn the highest return possible. o Updating the City's planning and building software to more efficiently perform much of the background work that is required on each permit. o Implemented a new inventory control system for all of the City's technology. Using this new system saves considerable staff time and better manages the City's assets. Construct the Youth/Community Center The Atascadero Recreation Center Complex project is underway. On August 17, 2006, the City Council awarded the construction of the project to Wysong Construction of Atascadero. Construction is fully funded and is expected to begin in early October. The project is expected to take eleven months to build. Staff has received a final clearance letter regarding the soil condition from the county and we continue to focus on fundraising efforts. • Continue the Emphasis on Road Maintenance The City continues maintenance on Atascadero's roads. Staff recently paved Devon Court, Santa Ynez to end; and San Gabriel Road, Atascadero Ave to West Front; with the City's paving equipment. Staff is preparing to pave San Rafael Road from West Front to Atascadero Ave this month. In August, the City contracted with Granite Construction to repave sections of south Atascadero Ave that were very rough and full of pot holes. Granite Construction also replaced cross gutters on EI Camino Real at EI Bordo and San Gabriel Road. Both of these locations were full of pot holes due to water not staying in the cross gutter. Staff also contracted with Burke Construction to grind and repave Curbaril Road from US 101 to Morro Road. Curbaril Road is a high volume minor arterial and was in need of maintenance. 228 ITEM NUMBER: C-2 DATE: 09/12/06 Repair the Historic City Hall Building The long-awaited draft Project Worksheet has finally -arrived from FEMA. Staff members are currently reviewing it to compare the information with what the City originally submitted to FEMA. Further updates will be reported on as we know more. In order to comply with all Federal funding regulations, visible progress on the building cannot begin until the Project Worksheet has been agreed upon by both the City and FEMA. The timing on this can be unpredictable, and may depend on many complicated factors. Regular upkeep and landscape of the grounds on the interior of the fence remains far too dangerous to be done. The City's primary concern is always the safety of its citizens and employees. i • 229