HomeMy WebLinkAboutAgenda Packet 09/26/2006 SPECIAL JOINT
19'$ STUDY SESSION
Atascadero City Council
Atascadero Parks & Recreation Commission
AGENDA
Tuesday, September 26, 20069 5:30 p.m.
Atascadero City Hall, 6907 EI Camino Real, Atascadero, California
ROLL CALL:
APPROVAL OF AGENDA:
PRESENTATION:
1. Presentation on the Veterans Memorial.
•
JOINT STUDY SESSION ITEMS:
1. Policies on the type and ownership of parks
2. Keeping up with park space for the community
3. Update on the Stadium Park Planning process, next steps, any changes
4. How is the Commission involved in park planning
5. How the City intends to meet the General Plan park land goals
PUBLIC COMMENT:
ADJOURNMENT: 6:30 p.m.
The City Council and Parks & Recreation Commission will adjourn to their next regularly
scheduled meetings.
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO )
CITY OF ATASCADERO
SHANNON SIMS, being fully sworn, deposes, and says: That she is the Deputy City Clerk of the
City of Atascadero and that on Tuesday, September 19, 2006, she caused the above Notice to be
posted at the entrance of City Hall, 6907 EI Camino Real, Atascadero,California.
SHANNON SIMS
DEPUTY CITY CLERK
CITY OF ATASCADERO
1
19„ CITY OF A TASCADERO
CITY COUNCIL
AGENDA
Tuesday, September 26, 2006
7:00 P.M.
City Hail
Council Chambers
6907 EI Camino Real
Atascadero, California
REDEVELOPMENT AGENCY: 6:30 P.M.
•
REGULAR SESSION: 7:00 P.M.
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Pacas
ROLL CALL: Mayor O'Malley
Mayor Pro Tem Pacas
Council Member Clay
---- -- - -_ __ ------ -£ouncii-Member-L-una- -
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.)
1. Mayor O'Malley— Del Rio Project— Target Stores — Request City
Council Action
PRESENTATIONS:
1. Commendation presentation to Dennis Moresco,
2. Proclamation proclaiming October 8 — 14, 2006 "Fire Prevention Week."
3. Economic Vitality Corporation (EVC) update by Michael Manchak,
Chief Executive Officer
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. 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.
■ Recommendation: Council adopt on second reading, by title only, Draft
Ordinance A approving Zone Change 2006-0117 based on findings.
[Community Development]
2. Establishment of Speed Limits on Various City Streets
■ Fiscal Impact: Approximately $14,000 for materials and labor to be paid
with currently budgeted funds.
■ Recommendation: Council adopt the Draft Resolution formally
establishing a speed limit on various City streets. [Public Works]
3. Final Map 2006-0138 (Parcel Map AT 05-0330) 8100 Coromar Road (TPM
2005-0077)(Moses)
■ Fiscal Impact: None.
■ Recommendations: Council:
1. Accept Final Parcel Map 2006-0138 (Parcel Mat AT 05-0330); and,
2. Reject, without prejudice to future acceptance, the offer of dedication
for a Public Utility Easement. [Public Works]
• B. PUBLIC HEARING:
1. Single-Family Planned Development #16 Zone Change 2005-0107, CUP
2005-0171 (Master Plan of Development), Vesting Tentative Tract Map
2004-0059 (2865 Ferrocarril Road)(Tharp/Beck)
■ Description: Creation of a five (5) lot subdivision and approval of five (5)
single-family residences, landscaped open space, and a pedestrian/
equestrian trail leading to the Salinas River.
■ Fiscal Impact: None.
■ Recommendations: Planning Commission recommends Council
1. Adopt Draft Resolution A certifying Proposed Mitigated Negative
Declaration 2006-0022; and,
2. Introduce for first reading, by title only, Draft Ordinance A, approving
Zone Change 2005-0107 based on findings; and,
3. Adopt Draft Resolution B approving Conditional Use Permit 2005-
0171 to include the Master Plan of Development (EXHIBIT B) based
on findings and subject to Conditions of Approval and Mitigation
Monitoring; and,
4. Adopt Draft Resolution C approving Tentative Tract Map 2004-0059
based on findings and subject to Conditions of Approval and
Mitigation Monitoring with added Condition CUP 14 and TTM 15
requiring improvement of Chico Road and construction of a
• pedestrian/equestrian trail in accordance the agreement between Mr.
Beck and Mr. Munoz and City requirements as shown on Attachment
7. [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. Records Retention Schedule Review
■ Fiscal Impact: None.
Recommendation: Council direct staff to amend the Administrative
Policy concerning Electronic Mail Usage as recommended by staff. [City
Manager]
•
2. San Luis Obispo County Visitor's & Conference Bureau Business
Improvement District
■ Fiscal Impact: None.
■ Recommendation: Council provide staff direction regarding placing the
Business Improvement District on a future agenda. [City Manager]
3. Letter of Support for the Chicano Grade Landfill Expansion
■ Fiscal Impact: None.
■ Recommendation: Council direct City Manager to send letter supporting
Final Environmental Impact Report for the Chicago Grade Landfill
expansion. [Public Works]
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. Economic Opportunity Commission (EOC) •
7. 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
4. City/ Schools Committee
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 26, 2006 Regular Session of the Atascadero City
Council was posted on September 19, 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 19th day of September, 2006 at Atascadero, California.
Shannon Sims, Deputy ity'Clerk
City of Atascadero
•
,I
•
City of Atascadero
WELCOME TO THE ATASCADERO CITY COUNCIL MEETING
The City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m., at the City Hall*
Council Chambers, 6907 EI Camino Real, Atascadero. Matters are considered by the Council in the order of the printed
Agenda.
Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file
in the office of the City Clerk and are available for public inspection during City Hall business hours at the Central
Receptionist counter and on our website, www.atascadero.org. An agenda packet is also available for public review at
the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be allocated a number once they
are approved by the City Council. The minutes of this meeting will reflect these numbers. All documents submitted by the
public during Council meetings that are either read into the record or referred to in their statement will be noted in the
minutes and available for review in the City Clerk's office.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting
or other services offered by this City, please contact the City Manager's Office or the City Clerk's Office, both at (805)
470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in
assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
TO SPEAK ON AGENDA ITEMS
Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their
report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and
will request anyone interested to address the Council regarding the matter being considered to step up to the podium. If
you wish to speak for, against or comment in any way:
• You must approach the podium and be recognized by the Mayor
• Give your name and address (not required)
• Make your statement
• All comments should be made to the Mayor and Council
• No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other
individual, absent or present
• All comments limited to 5 minutes (unless changed by the Council)
• No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no
one may speak more than twice on any item.
If you wish to use a computer presentation to support your comments, you must notify the City Clerk's office at least 24
hours prior to the meeting. Access to hook up your laptop to the City's projector will be provided. You are required to
submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk before the
meeting begins to announce your presence and turn in the printed copy.
The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be
heard by the Council
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item,"COMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the
Council to:
• Please approach the podium and be recognized
• Give your name and address (not required)
• State the nature of your business
This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be
allowed for Community Forum (unless changed by the Council).
TO HAVE ITEMS PLACED ON AGENDA
All business matters to appear on the Agenda must be in the Office of the City Manager 14 days preceding the Counci
meeting. Should you have a matter you wish to bring before the Council, please mail or bring a written communication to
the City Manager's office in City Hall prior to the deadline.
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 100 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 that were 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 the park 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 hallinark of how to design and construct a quality
neighborhood in keeping with the values and 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;far Atascadero residents
will provide an opportunity for walking,exercise,nature watching and leisure activities;and
WiIEREAS, Mr. Moresco has served as President of the California Building Industry
Association, has been named."Builder of the Year"`(7995); 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 TASCADERO:
N ,
Tom O'Malley,Mayor
City of Atascadero
September 26, 2006
a
7
,w
City of Atascadero
Proclamation
"FIRE PREVENTION WEEK"
October 8 — 14, 2006
WHEREAS, The week of October 8-14, 2006 has been designated as "Fire
Prevention Week" nationwide; and
WHEREAS, Fire Prevention Week commemorates the Great Chicago Fire
of 1871; and
WHEREAS,. .The .2006 campaign focuses on teaching families and kids how
to keep cooking fires from starting in the first place; and
WHEREAS, The 'City of Atascadero Fire '"Department and firefighters
nationwide symbolize "Fire Prevention Week" as a time to stress the importance
of fire prevention and education to the public.
NOW THEREFORE, BE IT RESOLVED, that I, Tom O'Malley, Mayor of
the,City of Atascadero,,' on behalf of the City Council_, do hereby proclaim the week
of October 8-14, 2006 as "Fire Prevention Week. "
WITNESS THE OFFICIAL SEAL OF
THE CITY OF'ATASCADERO:
}
fl �' Tom O'Malley, Mayor
$ r City of Atascadero, California
September 26, 2006
,` 1 ..
• 9
ITEM NUMBER: A- 1
• DATE: 09/26/06
n
1918 � 1 8
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)
RECOMMENDATION:
Council adopt on second reading, by title only, Draft Ordinance A approving Zone
Change 2006-0117 based on findings.
DISCUSSION:
The project consists of 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.
On September 12, 2006, the City Council conducted a public hearing and introduced
the zone change for first reading. On a 3-0 vote, City Council approved the first reading
with two modifications. The first modification was to the sign location diagram which will
be used to determine allowable locations for signs in the right of way. An exception was
added to the clear zone diagram: On street corners where parking is allowed, portable
signs will also be allowed. In addition, City Council directed staff to waive
encroachment permit fees for a period of 90 calendar days following the effective date
of the ordinance.
ATTACHMENTS:
Attachment 1: Draft Ordinance A
Attachment 2: Portable Sign Encroachment Permit Diagram
11
ITEM NUMBER: A- 1
DATE: 09/26/06
ATTACHMENT 1: Draft Ordinance A
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 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, after first studying and
considering the Draft 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 2006-0117, after first studying
and considering the Proposed Negative Declaration prepared for the project; and,
12
ITEM NUMBER: A- 1
DATE: 09/26/06
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.,
. Approval. The City Council of the City of Atascadero, in a regular
session assembled on September 26, 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. IP (Industrial Park) Zone
9-3.303 Conditional uses.
The following uses may be allowed in the Industrial Park Zone. 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;
13
ITEM NUMBER: A- 1
DATE: 09/26/06
(s) Recycling centers (see Section 9-6.132);
(t) Utility service centers;
(ut) Sales lots (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 as provided by Section 9-2.109 (Conditional use permits):
(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);
W Utilitv service centers;
(nit) 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
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, Tice, hay,fruits and vegetables; fruit and
14
ITEM NUMBER: A- 1
DATE: 09/26/06
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 primarily engaged 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
15
ITEM NUMBER: A- 1
DATE: 09/26/06
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 may be 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
16
ITEM NUMBER: A- 1
DATE: 09/26/06
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,
17
ITEM NUMBER: A- 1
DATE: 09/26106
includes species commonly considered as farm animals as well as exotic species, but does
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.
18
ITEM NUMBER: A- 1
DATE: 09/26/06
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;
19
ITEM NUMBER: A- 1
DATE: 09/26/06
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,
20
ITEM NUMBER: A- 1
DATE: 09/26/06
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 amobilehome 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 a building, 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."
21
ITEM NUMBER: A- 1
DATE: 09/26/06
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:
22
ITEM NUMBER: A- 1
DATE: 09/26/06
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;
meetinghalls 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 major 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.
23
ITEM NUMBER: A- 1
DATE: 09/26/06
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 a long-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."
24
ITEM NUMBER: A- 1
DATE: 09/26/06
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
25
ITEM NUMBER: A- 1
DATE: 09/26/06
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.
26
ITEM NUMBER: A- 1
DATE: 09/26/06
(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 or is 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.
27
ITEM NUMBER: A- 1
DATE: 09/26/06
(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 sign- tdi dig si (6) feet iii heit '-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 is not 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.
28
ITEM NUMBER: A-1
DATE: 09/26/06
(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 sign.
nnn )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.
(oonn) 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.
(ice) 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).
ssff) 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.
(Lyam) 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, or to 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.
uut+) 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.
29
ITEM NUMBER: A- 1
DATE: 09/26/06
vv ) 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.
xx ) 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.
(yy*-,) 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:yy) 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 administrative use permit 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.
30
ITEM NUMBER: A-1
DATE: 09/26/06
(4) Holiday Signs. Holiday and special event decorations, for a single holiday, may be in
i 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 imr-egate-maximum area of forty (40) square feet.
(ii.) .Li_mits on time displayed. Temporary signs may be in place for a maximum of thirty
twenty (3! ) days All banners must be down a minimum of 60 days before any new
banner may go up. ' ,
g ,
- Banners may remain un during elle entirepernlanent sipermit process.
(iii )Placement Banners must be secured flat against a building or secure structure.
(iv )Exceptions Non-profit events shall be 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;
31
ITEM NUMBER: A- 1
DATE: 09/26/06
(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;
(9)Par-tablesigns not pef.manently a4fi,,ied to the g L,
(88r9)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 maybe 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:
32
ITEM NUMBER: A- 1
DATE: 09/26/06
• (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 Sims 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 wawproperty owner is required to indemnify the City in conjunction
with the encroachment permit for anv sign located in the right of way.
(b)Downtown Districts.
33
ITEM NUMBER: A- 1
DATE: 09/26/06
(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.
L.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 maybe 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
34
ITEM NUMBER: A- 1
DATE: 09/26/06
area and types of signs allowed by this section. Maximum size of monument sign isnot
to exceed sixty (60) square feet, and a maximum hei�ht of ten. (10) feet from the natural
rhe•
(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 City in conjunction
with the encroachment permit for any ign 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 ten4 (105) 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
35
ITEM NUMBER: A- 1
DATE: 09/26/06
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. bight Dii-eeted aiita ret 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 dw1outside 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.
Light
(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.
Lel-)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
36
ITEM NUMBER: A= 1
DATE: 09/26/06
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.
y, lighl,
(ffe)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)
37
ITEM NUMBER: A- 1
DATE: 09/26/06
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
38
ITEM NUMBER: A- 1
DATE: 09/26/06
Attachment 2. Portable Sign Encroachment Permit Diagram
*Added exception: Portable signs may be permitted in the clear zone only on corners
where parking is also allowed. The signs may be placed as close to the corner as the
parking is permitted.
REVISIONS APPROVALS
DESCRIPTIONS JBYIQATEAPPROVED COUNCIL RESOLUTION NO. 26. 82 TO A2
NO PORTABLE SIiaNS IN THIS AREA STREET NO PORTABLE SIGNS IN THIS AREA
FS �^--- 34' 34` --� FSW
}'"``�� �._.......,... ._..alb.
BSVN" BSN
34"
PORTABLE SIGNS SHALL NOT BE LINE OF SIGHT IS FROM A POINT THIGH ON
ROADWAY I TO A POINT THIGH ON OTHER
PERMITTED WITHIN THE SIGHT ROADWAY
TRIANGLE
INTERSECTIONS
NO PORTASLE SIGNS IN THIS AREA STREET NO PORTABLE SIGNS IN THIS AREA
$W 24 24 FT
12'
L BSW
RIW
PORTABLE SIGNS SHALL NOT BE l INE OFSIGHT IS FROM A POINT T HIGH.ON
PERMITTED WITHIN THE SIGHT AREA ORIVEWAYITO A POINT'S'HIGH ON
ROADWAY
�RIVEwAYS
NOTES:
R!W 1. PORTABLE SIGNS OVER 3'
HIGH MUST CONFORM TO
NG 414.
2.ALL PORTABLE SICNS .
SHALL
3'MAX. BE ISSUED AN
ENCROACHMENT PERMIT
FROM THE CITY OF
ATASCADERO.
m 3. PORTABLE SIGNS MUST BE
LOCATED DIRECTLY1N FRONT
:..t OF THE PROPERTY WHERE
THE ADVERTISED BUSINESS IS
LOCATEO:
4`MIN.FOR ADA ACCESS
DRAWN gv: CITY OF ATASCADERO
p:M.A. DRAWING NO.
DESIGNED. BY: ENGINEERING DEPARTMENT
D.M.A. PORTABLE SIGN LOCATION
aj' as DRIVEWAYS AND INTERSECTING 43`5
FIYT: NAME: ROADS AND SIDEWALKS
A a43S.D4:
39
ITEM NUMBER: A-2
DATE: 09/26/06
CAD�j
Atascadero City Council
Staff Report - Public Works Department
Establishment of Speed Limits on Various City Streets
RECOMMENDATION:
Council adopt the Draft Resolution formally establishing a speed limit on various City
streets.
DISCUSSION:
Traffic and Speed Surveys are required for radar enforcement. They are conducted in
a method consistent with the California Vehicle Code.
Speed surveys are conducted by using radar and an unmarked vehicle to chart the
speed of vehicles in each direction. The recorded speeds are calculated to determine
the critical speed, that is, the speed at which 85% of the vehicles are traveling. Once
the critical speed is determined, the posted speed can be set and enforced within 5
miles per hour of this speed.
The California Department of Transportation Traffic Manual states "In matching existing
conditions with the traffic safety needs of the community, engineering judgment may
indicate the need for a further reduction of five miles per hour." The factors considered
in such a reduction are: limited design speed, limited sight distance, accident problems,
substandard cross-section, poor intersection spacing, poor driveway characteristics and
heavy pedestrian activity.
Engineering staff has determined that eastbound San Gabriel Road from Morro Road to
Atascadero Avenue meets the criteria for additional reduction in speed for the reasons
stated above. This determination is attached to, and becomes part of, the traffic and
speed survey.
Speed surveys are valid for 7 years, and can be extended an additional 3 years upon
certification by an engineer that no significant changes have been made in the area
governed by the survey.
41 .
ITEM NUMBER: A-2
DATE: 09/26/06
FISCAL IMPACT:
Approximately $14,000 for materials and labor to be paid with currently budgeted funds.
ATTACHMENTS:
Draft Resolution
42
ITEM NUMBER: A-2
DATE: 09/26/06
DRAFT RESOLUTION
RESOLUTION OF THE COUNCIL OF THE CITY OF .
ATASCADERO ESTABLISHING SPEED LIMITS ON
VARIOUS ROADWAYS
WHEREAS, Section 4-2.501, et. seq, of the Atascadero Municipal Code allows the City
Engineer, through an engineering and traffic survey, to determine the appropriate speed limit for
streets within the City; and
WHEREAS, an engineering and traffic survey has determined the appropriate and safe
speeds on various city streets.
NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero directs the City
Engineer to place and maintain appropriate signs or markings to indicate the speeds listed on
attached Exhibit A.
On motion by Council Member and seconded by Council
Member , the foregoing Resolution is hereby adopted in its entirety on
the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
Marcia McClure Torgerson, C.M.C., Tom O'Malley, Mayor
City Clerk
APPROVED AS TO FORM:
Patrick L. Enright
City Attorney
43
ITEM NUMBER: A-2
DATE: 09/26/06
A**,CTICRIMAL R�<:�AIWIEIIDE
N 46 45
Atascadero Avenue — San Rafael to San Diego S 46 45
N 46 45
Atascadero Avenue — San Diego to Santa Barbara S 47 45
N 41 40
Capistrano — Hospital Drive to Sycamore S 40 40
N 36 35
Capistrano Highway 41 to Hospital Drive S 36 35
E 31 30
Carrizo Road W 34 30
E 40 35
Curbaril Avenue- El Camino Real to Valle Ave W 40 35
E 43 40
Del Rio — EI Camino Real to Potrero W 43 40
E 39 35
Del Rio — San Benito to San Anselmo W 39 35
E 39 35
San Benito - EI Camino Real to Del Rio W 40 35
N 38 30
EI Camino Real — Morro Road to West Mall S 35 30
E 42 35
San Anselmo — EI Camino Real to Falda Avenue W 39 35
E 38 35
San Anselmo — Falda Avenue to Del Rio W 35 35
E 45 40
San Gabriel — Santa Lucia to San Marcos W 44 40
E 41 40
San Gabriel — San Marcos to Morro Road W 45 40
E 46 40
San Gabriel — Morro Road to Atascadero W 42 40
E 33 30
San Gabriel —Atascadero to West Front W 32 30
E 34 30
Santa Rosa — Highway 41 to Lakeview W 35 30
N 38 35
Santa Ysabel -Curbaril to Morro S 37 35
E 43 40
Sycamore — Capistrano to Curbaril W 43 40
44
ITEM NUMBER: A-3
DATE: 09/26/06
q,F■■ ■ ■
n
iais ■ i ze e
Atascadero City Council
Staff Report - Public Works Department
Final Map 2006-0138 (Parcel Map AT 05-0330)
8100 Coromar Road (TPM 2005-0077)
(Moses)
RECOMMENDATIONS:
Council:
1. Accept Final Parcel Map 2006-0138 (Parcel Mat AT 05-0330);
and,
2. Reject, without prejudice to future acceptance, the offer of
dedication for a Public Utility Easement.
DISCUSSION:
Tentative Parcel Map 2005-0077 was approved by the City Council on June 6,
2006. The Tentative Parcel Map approved the division of 1.24 acres into two lots
ranging in area from 0.74 to 0.5 acres.
Pursuant to California Government Code Section 66474.1 the approving
legislative body (City Council) cannot deny a parcel map that is in substantial
conformance with the previously approved tentative map. Also, Pursuant to
California Government Code Section 66477.1(a), at the time the legislative body
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 in substantial conformance with
approved Tentative Parcel Map.
FISCAL IMPACT: None
ATTACHMENTS:
Exhibit A: Final Map 2006-0138 (Parcel Map AT 05-0330)
45
ITEM NUMBER: A- 3
DATE: 09/26/06
Exhibit A
Final Map 2006-0138(Parcel Map AT 05-0330)
8100 Coromar Road
Sid Moses
.rsnN� -- - o66 GGG: =%
t.
Sgt 'PI RR kP sP- `PAON
.1 gm m
n & PBru ie ice mora N '¢� u -
- Nzo lcc x.,riyoforN �A
�� -� � Nsefeal MA4argN
i P 6g 74a® Igo
P• M - Ty+l NP9� M�.c IZ9
19 _
!n 410
'-"v 4�
b9H�C 0 R 0 M A R c% n
SO
n srvll a.o+.aeez s
O FQ y� y/y g D y
\s
ilh
Ci
Ell
91
a7 g �RQk I /Il �e -� Re 5i
46
ITEM NUMBER: B - 1
DATE: 09/26/06
'11 ■A' B A
1918 - 1979 -
Atascadero City Council
Staff Report - Community Development Department
Single-Family Planned Development #16
Zone Change 2005-0107,
CUP 2005-0171 (Master Plan of Development),
Vesting Tentative Tract Map 2004-0059
(2865 Ferrocarril Road)(Tharp/Beck)
(Creation of a five (5) lot subdivision and approval of five(5) single-family
residences, landscaped open space, and a pedestrian/equestrian trail
leading to the Salinas River.)
RECOMMENDATIONS:
Planning Commission recommends Council:
1. Adopt Draft Resolution A certifying Proposed Mitigated Negative Declaration
2006-0022; and,
2. Introduce for first reading, by title only, Draft Ordinance A, approving Zone
Change 2005-0107 based on findings; and,
3. Adopt Draft Resolution B approving Conditional Use Permit 2005-0171 to include
the Master Plan of Development (EXHIBIT B) based on findings and subject to
Conditions of Approval and Mitigation Monitoring; and,
4. Adopt Draft Resolution C approving Tentative Tract Map 2004-0059 based on
findings and subject to Conditions of Approval and Mitigation Monitoring with
added Condition CUP 14 and TTM 15 requiring improvement of Chico Road and
construction of a pedestrian/equestrian trail in accordance the agreement
between Mr. Beck and Mr. Munoz and City requirements as shown on
Attachment 7.
47
REPORT-IN-BRIEF:
The proposed project consists of an 'application for a Zone Chane Conditional Use
Change,
Permit .(CUP) and Tentative Tract Map. The Zone Change request would establish a
Planned Development #16 Overlay on the site subject with a Master Plan of
Development that would allow five (5) single-family residences, landscaped open
space, and a pedestrian/equestrian trail leading to the Salinas River. Existing
structures on site will remain. The proposed Tentative Tract Map, as conditioned
would create a five (5) lot subdivision.
Situation and Facts:
1. Owner: Gary & Mary Tharp, PO Box 1131,
Atascadero, CA 93423
2. Applicant/ Representative: Jim Beck
8665 Morro Road, Suite E
Atascadero, CA 93422 Phone: 235-8162
3. Project Address: 2865 Ferrocarril Road, Atascadero, CA 93422
(San Luis Obispo County) APN 049-022-011
4. General Plan Designation: General Plan Designation: SE (Suburban Estates, 2.5
10 gross acre minimum lot size)
5. Zoning District: RS (Residential Suburban)
6. Site Area: 13.69 acres
7. Existing Use: Single-Family Residence
8, Environmental Status: Proposed Mitigated Negative Declaration 2006-0022
Surrounding Land Use and Setting:
North: Residential Suburban East: River Parcel
South: Residential Single-Family-Y/PD-14 (The Lakes) West: Residential Suburban
48
Site Photographs
• Frontage of Existing Residence. (View-from driveway) Driveway entrance and westerly neighbor,looking southwest.
� x �
w }sr�f
Field and neighboring utility structure,looking northeast. Driveway,looking south. (View from south side of house)
4
E
Front of bom,.looking south, (View from driveway)I View of driveway approach&neighbor coming off Fen ocarril.
f I tt
` i hill ilfl
View of property line and Chico.(View from Chico) Chico&Ferrocarril Intersection.{View.from NorthEast)
i
f
ca I
49
Salinas River/AMWCo Property
;t
Ferrocarril Road
kF
Project Site
( - The Lakes
a
F r
i
w' )
The project site is within the Suburban Estates General Plan Land Use Designation and
is zoned Residential Suburban. Minimum lot is 2.5 to 10 acres, based on performance
standards. Although the performance standards require a minimum lot size of 2.02
acres, the zoning ordinance requirement prevail with a minimum lot size of 2.5 acres,
resulting in a maximum density of five (5) lots for the underlying 13.69 acres.
DISCUSSION:
Background
Staff presented this project to the Commission as a neighborhood workshop review
during the June 20, 2006 Planning Commission meeting. At that time, the
Commissioners heard public comments from surrounding property owners and
recommended the applicant increase the size of the lots and relocate a proposed
equestrian/pedestrian trail to a location along the drainage swale.
Public comments included concerns with Traffic Way improvements, the Chico Road
railroad crossing, oak tree impacts, trail signing, drainage, and complaints of motorcycle
use within the Salinas River.
50
On August 15, 2006, the Planning Commission held a public hearing for the proposed
project and zoning code amendment and recommended that the City Council approve
the proposed project, with the stipulation that the developer come to an agreement with
a neighbor for construction of Chico Road and the pedestrian/equestrian trail that would
not block access to the rear of the neighbor's property. It appears the developer and
the neighbor have reached agreement based on the agreement entered into on August
23, 2006 between the parties. The Commission voted 6-0 to recommend the project for
approval with Commissioner O'Keefe absent.
TRACT 281
CHICO ROAD X-SECTION
•
I"OFFER OF RXXT
of WAY 7" MDAENT #�fie
MORSE PATH
f
I
Max.. 6'
2 2R
xx
�w
Zr A.C.Ow S*OtA56 M BASE
PROPOSED PUBLIC ROAD SECTION
WALLS WILL BE USED AS NEEDED WITH A MAXIMUM HEIGHT OF 6' N.T.S.
•
51
ANALYSIS:
The applicants are requesting a Planned Development 16 (PD 16) for the project. A PD
16 would allow the applicants to cluster four (4) of the lots towards the southern end of
the property, near "The Lakes" subdivision, and leave one large parcel adjacent to the
river parcel The clustered lots would be between 1 and 1.2 acres in size and the large
lot would be 9.2 acres in size. The proposed lot sizing is consistent with surrounding
parcels.
Consistent with the requirements for a Planned Development and City Council policy,
the project proposes both Tier 1 and Tier 2 benefits by preserving natural open space
and providing multi-purpose trials for equestrian/pedestrian use.
ATAecACM:10,CA
MAIM 7MCT MAP
TAAi1C"T�bT tpmPJ.C'onau"1t�fr,AHS. ;
'MWMC. l� MMia�il���G fMt
i
m.r...�.-..,..,..tet_...,. ..
.caan IMM
AOUIM
_ � s
a
s
^�1
amBeck
52
Circulation — Traffic Way Improvements
The project has been designed to take access off of Chico Road for the four new lots
and the fifth lot will continue to take access off a private easement from Ferrocarril
Road. Traffic Way is designed so that the traffic from the additional four homes will not
reduce the level of service below an acceptable level. Chico Road will be extended to
serve the four new lots.
Native Trees
The project has been designed to avoid native tree impacts.
Trail Signing and Motorcycles
The draft resolution includes a condition for submittal of a final trail signage plan prior to
recordation of the final map (CUP 8; TTM 8). The plan is to be reviewed and approved
by Community Development staff prior to recordation of the final map. Motorized
vehicles will be prohibited from the use of the trail.
Site Drainage
A grading and drainage plan will be required prior to any site disturbance on the
. property. There is a large drainage swale along the western edge of the property. This
drainage swale will generally be deft in its natural state, protected by an open space
easement. There will be some disturbance of the swale area where the Chico Road
extension enters the property.
Wastewater
The parcels will use septic systems.
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 11, TTM 11).
•
53
Inclusionary and Workforce Housing
The Cit Council City c I has implemented an Interim Inclusionary Affordable Housing Program
that requires projects of 10 units or less that require legislative approval to either deed
restrict a fixed percentage of the units as affordable or pay an in-lieu fee based on a
percentage of the construction valuation of each unit. The proposed project is
conditioned to comply with this requirement (Condition Cup 9 and 10, TTM 9 and 10).
Tentative Tract Map
A five (5) lot Tentative Tract Map is proposed as part of the project consistent with the
Master Plan of Development. The Tract Map has been conditioned by staff and the City
Engineer to meet all City standards including on- and off-site street improvements.
Findings
Conditional Use Permit (Master Plan of Development)
A Master Plan of Development is required for the PD-16 in the form of a Conditional
Use Permit. The proposed Master Plan of Development sets development standards
related to site design, landscaping, signage, and specific development standards
required by the Zoning Ordinance. The City Council must make the following five
findings to approve the proposed Master Plan of Development:
1. The
ro osed project or use is consistent with the General Pian.
P P
Staff Comment: The use is consistent with the residential suburban designation of
the General Plan.
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance) including the PD-16 Ordinance.
Staff Comment: As conditioned, the project satisfies all PD-16 Zoning Code
provisions.
3. The establishment, and subsequent operation or conduct of the use will not,
because of the circumstances and conditions applied in the particular case, be
detrimental to the health, safety, or welfare of the general public or persons residing
or working in the neighborhood of the use, or be detrimental or injurious to property
or improvements in the vicinity of the use.
Staff Comment: The proposed residential project will not,be detrimental to the
general public or working persons' health,safety, or welfare.
4. That the proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development.
54
Staff Comment: The project has been designed to be consistent with the existing
. neighborhood character.
5. That the proposed use or project will not generate a volume of traffic beyond the
safe capacity of all roads providing access to the project, either existing or to be
improved in conjunction with the project, or beyond the normal traffic volume of the
surrounding neighborhood that would result from full development in accordance
with the Land Use Element.
Staff Comment: The proposed project and use is consistent with the traffic
projections and road improvements anticipated within the General Plan. A single-
family residential subdivision use in the proposed location is consistent and
compatible with the surrounding residential neighborhood. The General Plan
identifies this site as Residential Suburban neighborhood with a maximum density of
1 unit per 2.5 acres. Smaller lot sizes of 1 acre may be allowed through a Planned
Development Overlay. The proposed 5 single-family homes on 13.6 acres is within
the general plan land use density and is consistent with the City's General Plan Land
Use and Housing elements.
Proposed Environmental Determination
Staff has prepared a Draft.Mitigated Negative Declaration that was circulated to public
agencies and interested members of the public. The Environmental Analysis identified
concerns regarding potential impacts to air quality, biology, geology, cultural resources,
and noise. Mitigation measures pertaining to these areas are included. A finding is
proposed that this project would not have a significant effect on the environment based
upon the implementation of the identified mitigation measures.
Conclusion
The proposed project is consistent with the General Plan and Atascadero Municipal
Code, as analyzed within this staff report.
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. Inclusion of these conditions of approval will mitigate any
negative fiscal impact on the City.
55
ALTERNATIVES:
1. The Council may modify the project and/or conditions of approval for the project.
2. The Council may determine that more information is needed on some aspect of
the project and may refer the item back to the applicant and staff to develop the
additional information. The Council should clearly state the type of information
that is required and move to continue the item to a future date.
3. The Council may deny the project. The parcel would retain its Zoning Ordinance
designation of Residential Suburban. The Council should specify the findings for
denial of the project.
ATTACHMENTS:
Attachment 1: Location Map, Zoning and General Plan
Attachment 2: Proposed Mitigated Negative Declaration and Initial Study
Attachment 3 Draft Resolution A
Attachment 4: Draft Ordinance A
Attachment 5: Draft Resolution B
Attachment 6: Draft Resolution C
Attachment 7: Chico Road Access
•
56
Attachment 1: Location Map,General Plan and Zoning
Salinas River f AvfWCo Property
t F, errocarril,Road
s .;r Project Site
F� x The Lakes
r
Existing Designations:
-General Plan: Suburban Estates
-Zoning District:Residential Suburban
Proposed Designations:
-General Plan: Suburban Estates
-Zoning District:Residential Suburban—PD-16
57
Attachment 2: Draft Mitigated Negative Declaration and Initial Study
See following
58
Y918 � 1979
s � 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
Owners: Gary&Mary P.Tharp,P O Box 1131,Atascadero,CA 93423
Applicant: Jim Beck,8665 Morro Road Suite E,Atascadero,CA 93422
Project Title: PLN 2099-0922/Zone Change 2005-0107,CUP 2005-0171,TCM 2004-0059
Project 2865 Ferrocarril,Atascadero,CA 93422
Location: (San Luis Obispo County)APN 049-022-011
Project An application for a Zone Change,Conditional Use Permit,and Tentative Tract Map for a 5 lot
Description: residential subdivision that will be developed under the requirements of the Planned Development
overlay#16 which allows for a clustered development in exchange for restricted open space areas.
Chico Road is proposed for extension to access a cluster of four(1)one-acre lots. The existing house
and support structures(except the bam,proposed for removal)will remain on proposed Lot 5.
Proposed Lot 5 will continue to be accessed from the existing driveway off Ferrocarril Road. The
riparian area along northeast side of the property will be preserved by an open space easement of
approximately 1.57 acres. Project design also includes a pedestrian and equestrian trail to access the
River Parcel from the Chico Road extension. No native trees are proposed for removal.
General Plan Designation: Suburban Estate(SE)
Zoning District: Residential Suburban(RS)
This is to certify that the City of Atascadero,the®lead/a❑responsible agency approved the above-described project September 12",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: Steve McHarris,Deputy Community Development Director
Location: Community Development Department,6907 El Camino Real,Atascadero,CA 93422
Steven G.McHarris,Deputy Community Development Director Date
59 -
� nn n■
19171 p 10-79
�> CITY OF ATASCADERO
CERTIFICATE OF FEE EXEMPTION
6907 El Camino Real Atascadero,CA 93422 805/461-5000
De Minimis Impact Finding
Owners: Gary&Mary P.Tharp,P O Box 1131,Atascadero,CA 93423
Applicant: Jim Beck,8665 Morro Road Suite E,Atascadero,CA 93422
Project Title: PLN 2099-0922/Zone Change 2005-0107,CUP 2005-0171,TTM 2004-0059
Project 2865 Ferrocarril,Atascadero,CA 93422
Location: (San Luis Obispo County)APN 049-022-011
Project An application for a Zone Change,Conditional Use Permit,and Tentative Tract Map fora 5 lot
Description: residential subdivision that will be developed under the requirements of the Planned Development
overlay#16 which allows for a clustered development in exchange for restricted open space areas.
Chico Road is proposed for extension to access a cluster of four(1)one-acre lots. The existing house
and support structures(except the barn,proposed for removal)will remain on proposed Lot 5.
Proposed Lot 5 will continue to be accessed from the existing driveway off Ferrocarril Road. The
riparian area along northeast side of the property will be preserved by an open space easement of
approximately 1.57 acres. Project design also includes a pedestrian and equestrian trail to access the
River Parcel from the Chico Road extension. No native trees are proposed for removal.
General Plan Designation: Suburban Estate(SE)
Zoning District: Residential Suburban(RS)
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 El*will®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.
uni
Steven G.McHams,Deputy Community Development Director Date
60
II °'° °' CITY OF ATASCADERO
19 579 CERTIFIED MITIGATED
NEGATIVE DECLARATION #2006-0022
6907 El Camino Real Atascadero,CA 93422 805/461-5000
Owners: Gary&Mary P.Tharp,P O Box 1131,Atascadero,CA 93423
Applicant: Jim Beck, 8665 Morro Road Suite E,Atascadero,CA 93422
Project Title: PLN 2099-0922/Zone Change 2005-0107,CUP 2005-0171,T'I'M 2004-0059
Project 2865 Ferrocarril,Atascadero,CA 93422
Location: (San Luis Obispo County)APN 049-022-011
Project An application for a Zone Change,Conditional Use Permit,and Tentative Tract Map for a 5 lot
Description: residential subdivision that will be developed under the requirements of the Planned Development
overlay#16 which allows for a clustered development in exchange for restricted open space areas.
Chico Road is proposed for extension to access a cluster of four(1)one-acre lots. The existing house
and support structures(except the barn,proposed for removal)will remain on proposed Lot 5.
Proposed Lot 5 will continue to be accessed from the existing driveway off Ferrocarril-Road. The
riparian area along northeast side of the property will be preserved by an open space easement of
approximately 1.57 acres. Project design also includes a pedestrian and equestrian trail to access the
River Parcel from the Chico Road extension. No native trees are proposed for removal.
General Plan Designation: Suburban Estate(SE)
Zoning District: Residential Suburban(RS)
•
Findings:
1. The project does not have the potential to degrade the environment.
2. The project will not achieve short-term to the disadvantage of long-term environmental goals.
3. The project does not have impacts which are individually limited,but cumulatively considerable.
4. The project will not cause substantial adverse effects on human beings either directly or indirectly.
5.
Determination:
Based on the above findings,and the information contained in the initial study 2006-0022(made a part hereof by reference and
on file in the Community Development Department),it has been determined that the above project will not have an adverse
impact on the environment when the following proposed mitigation measures are incorporated into the project(see attachment).
Prepared By: Kerry Margason,Associate Planner
Date Posted: July 27,2006
Public Review Ends: August 15,2006
Attachments: - Location/Zoning Map
- Aerial Photo
- Grading and Drainage Plan
- Vesting Tentative Tract Map
- Response to Comments
- Comment Letters
- Mitigation Measures
•
61
ENVIRONMENTAL CHECKLIST FORM
Environmental Review 2006-0022
Owners: Gary&Mary P.Tharp,P O Box 1131,Atascadero,CA 93423
Applicant: Jim Beck, 8665 Morro Road Suite E,Atascadero,CA 93422
Project Title: PLN 2099-0922/Zone Change 2005-0107,CUP 2005-0171,TTM 2004-0059
Project 2865 Ferrocarril,Atascadero,CA 93422
Location: (San Luis Obispo County)APN 049-022-011
Project An application for a Zone Change,Conditional Use Permit,and Tentative Tract Map for a 5 lot
Description: residential subdivision that will be developed under the requirements of the Planned Development
overlay#16 which allows fora clustered development in exchange for restricted open space areas.
Chico Road is proposed for extension to access a cluster of four(1)one-acre lots. The existing house
and support structures(except the barn,proposed for removal)will remain on proposed Lot 5.
Proposed Lot 5 will continue to be accessed from the existing driveway off Ferrocarril Road. The
riparian area along northeast side of the property will be preserved by an open space easement of
approximately 1.57 acres. Project design also includes a pedestrian and equestrian trail to access the
River Parcel from the Chico Road extension. No native trees are proposed for removal.
General Plan Designation: Suburban Estate(SE)
Zoning District: Residential Suburban(RS)
Lead Agency Name City of Atascadero
and Address: 6907 El Camino Real,Atascadero,CA 93422
Contact Person and Kerry Margason, Associate Planner
Phone Number: City of Atascadero, 6907 El Camino Real
Atascadero,CA 93422
General Plan Suburban Estate(SE)
Designation:
Zoning: Residential Suburban(RS)
Surrounding Land North: P
Uses and Setting:
South: RSF-Y,PD 14
West: RS
East: RSF-Y,PD 14
Other public None
agencies whose
approval is required
(e.g.,permits,financing
approval,or participation
agreement)
•
62 .
CITY OF ATASCADERO
CERTIFIED MITIGATED
` NEGATIVE DECLARATION
Attachment 1
Location / Zoning Map
2865 Ferrocarril Rd.
Atascadero, CA
-M Project Site
d
`t's�,dr r �i 1� L z � h. �z{w� y �� a>� �� '�1 W t�� -..•^.,__"v ':
�rqr�{K. *,Y � �f�}a'�•u'�fi.� y�c^-��._ '��1�..� � i�'vft� •r, ' •*•..1 f ��r �.. ',lr f
` � l �t� f P �Y� f A'[ U `4l' �r� �;�"t� i 3 f � � �r- `^ r ✓ ��,�u
... "'-"•`' 9vS'Sn`� zjxa t�a"� aA '� � c r �""- f( j r ~
iNr, }N �' k$ '",•�. (�--•..,,,f' ! � r� f fJ"-,"'�. J� r'.
� •`O. (�' ```vt.U,^�f�t' x.:,��, �o-Yk. yl Mrs�h�.,.,.�'.,ti.1�+ r ""r+"'+��„�r s.'; t �,w;.,,,•;/ K rte'.
ZIP
��, .•/f h �'u��� ��t.II`F„�,�"s' it f.�`� ,..,,,�` ., � �� tl l +�, �' � � +�+...�+
^•.` orf$ ` fM.`'` �� .:�•, �•'."���' x1 "� �� !l ��'+d {`;� r
f � f
f
Page 2 2865 Fercocard
09/11/06
63
K:L p
yr{7,
z
n
k s r
�� ,
x
a
ti
ft
4;,
-
te
CITY OF ATASCADER0
CERTIFIED MITIGATED
NEGATIVE DECLARATION
Attachment 3
Grading and DrainagePlan, Tentative Map
ATABC!`DBid'CA r., I:TE� W 1��.):1
Loam
F� PIAN tnnn r nnrru to=.
.,TRr4CT4E81 �
a
t)
r '
t^✓
A,
r � �
:. mom/?'"�1i' � �� O -_.._,._•..,�_�
Date: August 15,2006
a, A7ABCADEM CA
�ronsd gason,Associate Pla "'''� ;, G�O��EST
. OMBI /J'NaY1r
ON
AGS ...,�..,.
� �
M 1�`�� .. `�..tc�a •��hh '144 5���LSSno 1 ...
yk `"u ir " ,rij.Oecr^x l
Page 4 2665 Felrocarril
09/11/06
65
CITY OF ATASCADERO
_ CERTIFIED MITIGATED
' NEGATIVE DECLARATION
Attachment 4
RESPONSE TO COMMENTS FOR MITIGATED
NEGATIVE DECLARATION#2006-0022
(PLN 2099-09221ZCH 2005-0107,CUP 2005-0171, TTM 2004-0059)
Northern Chumash Tribal Council August 15, 2006
Comments:
1. The Northern Chumash Tribal Council is very concerned about the project's location next to the
Salinas River. The project is located on and near registered sites with the State of California.
Response: In accordance with Planning Commission direction, a mitigation measure(5.b.5)has
been added to the certified Mitigated Negative Declaration that requires the developer to work
closely with both the Chumash and the Salianian Tribes during any Phase II Cultural Resource
Assessment.
2. C.A. Singer and Associates does not have the ability to understand or know where a"Cultural
Place"is or how to find one,because"Cultural Places are not determined by what you can see.
Response: In accordance with Planning Commission direction,mitigation measure(5.b5)requires
that the developer work with both the Chumash and Salianian Tribes to ensure that cultural
resources are preserved.
United States Department of the Interior Fish and Wildlife Service August 3, 2006
3. The federally threatened vernal pool fairy shrimp(Branchinecta lynchi)occurs to the north, south
and east of Atascadero. Thus,we recommend that a qualified biologist conduct a habitat
assessment for vernal pool fairy shrimp at the project site and protocol surveys in any potential
habitat. Also,we recommend that a qualified biologist conduct botanical surveys at the
appropriate time of year in accordance with USF&W Service guidelines.
Response: A mitigation measures (4.b.2)has been added to the certified mitigated negative
declaration requiring that the developer contract with a qualified biologist to perform surveys for
both the vernal pool fairy shrimp and botanical resources. The surveys are to be completed no
more than three(3)weeks prior to the issuance of grading/building permits or other site
disturbance.
Atascadero Mutual Water Company(AMWC) August 1, 2006
4. An existing water main easement and 12-inch water transmission main bisects Lots 2,3,and 6.
This easement and water main should be relocated.
Response: A mitigation measure(I3.a.1)has been added to the Mitigated Negative Declaration
requiring the applicant insure that structures and/or septic systems are not built within the
easement or interfere with maintenance or operation of the water line.
Page 5 2865 Ferrocard
09/11106
66
CITY OF ATASCADERO
CERTIFIED MITIGATED
` NEGATIVE DECLARATION
5. AMWC has not authorized access to the River Parcel from the.proposed 8-foot wide pedestrian
and equestrian trail. Prior to public access across AMWC property,the AMWC Board of
Directors must approve the access.
Response: An informational mitigation measure (14.b.1)has been added to the Mitigated
Negative Declaration stating that access across AMWC property has not been granted.
Leo Pedersen AIAE Architect, June 20,_2006
6. A drainage course within a 50-foot wide drainage easement runs diagonally across the rear of the
property located at 3001 Cielo Grande. Water ponds at the southwest corner of the property along
the proposed project's property line.
Response: Due to environmental constraints,including the threatened vernal pool fairy shrimp,
there is no site disturbance proposed in this area of the project property. An open space easement
will be placed over the entire drainage area.
Page 6 2965 Ferrocarril
09/11/06
67
CITY OF ATASCADERO
ry CERTIFIED MITIGATED
��. NEGATIVE DECLARATION
Attachment 5
COMMENTS RECEIVED
Noy-them Chumash 7ra1,a1CouNcW
1177 Marsh Street,Suite 110
San Luis Obispo,Califonaia 93401
805-783-2247 -
KerryMargason August.1.5,2006
Associate Planner
6907 Fl Camino Real
Atascadero,CA 93422.
Rc:Zone Change 2005-0107,CUP 2005-0171,TTM 2004.0059
Dear Kerry:
Because of the location ofthis project nextto the Salinas River the Northern Chumash Tribal
Council is very concerned aboutthis project..This projectis located on and near registered-sites
with.the.State of California.
Our first concern is the.Archaeologist C.A.'Singer and Associates"1t is the opinion of the
Northern ChumashTnuil Council that the work peiformed by thiscompany is"sub par"and any
data used to determine the validity of a Native American"Cultural Place"would therefore be
.inaccurate: - -
In Senate Bill 18 it states that archaeologistand environmental specialist do not have the ability �.
to understand or know where a"Cultural Place"is or how to find one,because"Cultural Places"
are not deteimmed by what you cwisee, It is our recommendation that the owners of the
property contract with.the Nortbem.Chumash Tribal Council to determine the true nature of this
properties.sensirivities. The Northern Chumash Tribal Council will work with the owners to.
react,a cummon goal.-Ale are not hereto stop development but we want.to see It done right,
with respect mid honot.
Thisproject is next to the river and this is where we liven,near water,It our opinion llmt this,
particular project may uncoverburialsand"Sacred Sites".The spirit ofSeaateBill'T8toallow
California Native American to consult at an early stage to insure the integrality of California
Native Tribe's heritage.
The Northern Churnash Tribal Council has placed a"red alert"flagon this piviect We offer the
owners arespectable path,one that we believe is mom cost effective mid less time consuming to j
conyilete. Contact us aid let's work together.
Pka mad.dowtions nude-pay 61e ro:Nortam ChurnwhTnbil CbuncT,I—,ANon-Prtstu,(brpontlon
vei—V6,..m;Lcar
Page Two
It is our sincerity hope that the City of Ataseadem mid the owner's sit down with us and discuss
the issues that am important to the NorthernChumush Tribal Council.and together develop aplun.
that.works for everyone.
Fred Collins
Spokesperson
Northern Chumusli Tribal Council
09/11/06 Page 7 2865 Ferrocarril
68
CITY OF ATASCADER0
CERTIFIED MITIGATED
NEGATIVE DECLARATION
United States Department of the Interior
I'M AMD WILDWE SFRVTCE
Ventura fish mid-Wildlife-OfOee
2493 Tortma Rued,'Suite ll 1
vwtura..Califomia:93003
1495PLY EI:raN N..
PAS 25363965.4750
RECEIVED August 3.2006
AUG 7 2005
Shannon McCabe,project Manages d0atbtUN11Y DEVEtbpMfiU1
Geo-W est Land Consultants,Inc.
5255 Traffic'Way,`Suite 1.04
Atasc:adero,California 93422
Subject: Request for Comments on the Proposed'ResidentialDevelopmentonTentative
Tmet2681,28675 Ferro'Cariil Road,A-tascadcro,San Luis Obispo County,'
California,
Dear Ms.McCabe:
We have reviewed your letter dated Deccri iber 15,2005,requesting.our commmits on the
proposed project in regards to Bre Migratory Bird Treaty Act of 1918.1We received your request
on December 14,2005. Tho proposed project includes development of sixresidential lots my
approximately 14 acres. Most.of the suhject.proper[y is irrigated field and.pastare,withmative
Quercus spp.(oak trees)scattered along the western boundary and northern portion of the
property, A drainage swale-runs along the western edge and the northwestern portion of the
property. The entire drainage is proposed fo be set aside as.open:spaec.
In brie#,,tte Migratory Bird Treaty Act of 1918 does not prohibit uper..von.to remove mid deatroy
any migratory bird.nest once it empty(except for eagles•and fedarally listed.species). If eggs
or young are to the nest,the b=and nest must be left alone.Therefore,as long acs you are in '
compliance with State and local regulations,you may remove the trees and destroy the nest at
any time the nest is empty.
In.additiorb P1cNse be.awaretbatabe federally Imeakned.uamal pt fairy shrimp(Brandidnecto
Ivnchl)occurs to the north,.south and East of Ata icadonm Thus,we recommend that a.qualdw
biologist conduct a:habitat.assasament;for vernal pmol deity i3luim}r at tho project site and
protocdl surveys in any potential habitat. Also,we recommend that a qualified biologist conduct
bmaoical surveys at`the appropriate time of yearin accotdancewith our guidelines available at
htW://wwwcfwsgov/veattmdes7.pmtor,ols ht ll.
AME
Shannon McCabe 2 .
If you have any questions;please:contact NicTluber ofmy staffat(805)6444766,extrusion
249.
Sincerely,
(Qe Steve Henry
Assistant Field Supervisor
Northern Santa Barbara/San'Luis Obispo
cc: City ofi Atascadero Community Development Department
09/11/06 Page 8 2865Ferrocarrl
69
CITY OF ATASCADER0
CERTIFIED MITIGATED
NEGATIVE DECLARATION
� 59a5 EC.CAARNO REAL•. P:O:BOX90Tb•.ATA90AOER0,OA 93983
-t5a51155tza�..
Atascadero Mutual Water Company
MARI14M 1913
August 1.,2006
Ms.Kerry Margeson
City of Atascadero
6906 El Camino Real,Suite 6
Atascadero,CA 93422
Subject: 2865 Ferrocarril Road,Tract 2681
ZCH 2005-0107,CUP 2005-0171,TTM 2004-0059
Dear Kerry,
We have completed our review of the Notice of Intent to Adopt a Mitigated Negative
Declaration for the subject project and have the following comments:
1. An existing water main:easement(1114-OR-469)and 12-inch-water transmission
main bisects Lots;2 3,and 6. The location of this easement and main will
significantly affect where,buildings and septic tanks and leach fields can be
located on the properties. Operationand maintenance of this-water main will be
verydisruptive to the owners of the newly crea4ed lots and considerattomshouid
be given to having the applicant relocate'f.
2 AMWC lies not authorized access to the River Parcel from the:proposed 84bot
wide pedestrian and equestrian trail. The AMWCBoard of Directors must
approve-access to the River Parcel from the proposed trail
Respectfully ,
John Neil
General Manager
LEO R:'PEAERSEN A.LAX.
ARCHITl✓CT
3001 CiG►o crAnae
Atascadero,California 93422
June 20,2006
Phmaing Commission
City ofAtsseadero
6907 E1 Cantino Real
Atascadero,CA 934?2
"Subject: PLN 2099-0922,ZCH2O05-107,CUP 2005-0171,TTM 20(14.0059
Dear Commissioners,
My wife and l reside at 3001 Cielo Grunde on parcel that is contiguous with the Eastern
boundary of the proposed developmentreicrenced:above.
A drainage course within a 50'wide drainage easement:nuns diagonally across the rear of
our lot terminating at the lot lira:that we share with the proposed development:The
change in elevation
across
cur lot is minimal but sufficient to conduct water across our
lot to where it exits onto the subject site.Therein lies the problem Rather than continue
filling;the contours appear to actually increase at the fence line. The result,of course;:is
that the water ponds;at this point. The flow varics from torrential during heavy rains to a
trickle That lads through the scunmer. The resultant pond is.deep enough:to attract ducks;
from time to time. The ducks am not a problcm,,but thestagnant water also grows algu e
and breeds mosquitoes. 1 am attaching four photographs that show the pond at:di8erenl
times ofthe year.
We-ask that in ycor review ofthis project you:attach appropriate conditions that-mil
reyuiretheapplicantto resolve.this'situation either'bypmvidng underground'drainage or
by properly grading the site to drain the water away from thopond.
Thank you for your consideration of this mattcr.
Sincer. Yours,
�� r
LeofL Pedersen
09/11106 Page 9
2865 Ferroprril
70
CITY OF ATASCADERO
CERTIFIED MITIGATED
_ NEGATIVE DECLARATION
Attachment 6
Tentative Tract Map
Exhibit A Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
GP:Grading Permt PS:Planning Services
BP:Building Permit BS:Building Services
TO:Temporary FD:Fire Department
Occupancy PD:PoliceDeparanent
2865 Ferrocarrii Rd. Fl:Final inspection CE:city Engineer
F0:Final WW:Wastewater
Occupancy CA City Attomey
AMWC:Water Corrp.
PLN 2099-0922/ZCH 2005-0107/CUP 2005-0171/TTM 2004-
0059
0040059
Mitigation Measure 1.c.1: Individual units shall be painted with earth toned BP PS 1.c.1
colors.All materials shall be high quality and designed to blend with the
surrounding environment.
Mitigation Measure 1.c.2: An open space easement and a BP PS 1.c.2
pedestrian/equestrian trail shall be incorporated into the design along the
western edge of the project to maintain the rural visual character of the project
site.
Mitigation Measure 1.d.1:All lighting shall be residential in nature.A maximum BP PS
of 1 common light post may be permitted at the terminus of the driveway for
safety.Any such light post and fixture shall be full cut-off and a maximum of
12-feet in height.The light shall be placed on a motion sensor and shall not be
left on past 10pm.
Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP BS 3.b.1
applicable District regulations pertaining to the control of fugitive dust(PM-10)
as contained in sections 6.3,6.4 and 6.5 of the April 2003 Air Quality
Handbook.
Asbestos has been identified by the state Air Resources Board as a toxic
air contaminant. Serpentine and ultramafic rocks are very common in the
state and may contain naturally occurring asbestos. Under the State Air
Resources Board Air Toxics Control Measure(ATCM)for Construction,
Grading,Quarrying,and Surface Mining Operations,prior to any grading
activities at the site,the project proponent shall ensure that a geologic
evaluation is conducted to determine if naturally occurring asbestos is
present within the area that will be disturbed. If Naturally Occurring
Asbestos(NOA)is found at the site the applicant must comply with all
requirements outlined in the Asbestos ATCM for Construction, Grading,
Quarrying, and Surface Mining Operations. If NOA is not present, an
exemption request must be filed with the District. If NOA is found at the
site the applicant must comply with all requirements outlined in the
Asbestos ATCM. This may include development of an Asbestos Dust
Mitigation Plan and an Asbestos Health and Safety Program for approval
by the APCD.Should Naturally Occurring Asbestos be identified within the
area of construction, and the worked area will be less than or equal to one
acre,then the dust control measures identified below are required. If the
disturbed area is greater than one acre,additional requirements may
include but are not limited to 1)an Asbestos Dust Mitigation Plan which
must be approved by the District before construction begins, and 2)an
Asbestos Health and Safety Program will also be required for some
projects.
.09111/06 Page 10 2865 Ferrocardl
71.
CITY OF ATASCADERO
° CERTIFIED MITIGATED
NEGATIVE DECLARATION
Exhibit A Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
GP:Grading Peril PS:Planning Services
BP:Building Permit BS:Building Services
TO:Temporary FD:Fee Deparlrnent
2865 Ferrocarril Rd.
Occupancy p Po:CityPoliE gineerDepartmem
FI:Final inspection CE:City Engineer
F0:Final WW:Wastewater
Occupancy CA City Attorney
PLN 2099-0922/ZCH 2005-0107/CUR 2005-0171/TTM 2004 AMWC:Water Comp.
0059
■ Dust Control Measures for Construction and Grading Operation Projects
One Acre or Less: No person shall engage in any construction or grading
operation on property where the area to be disturbed is one (1:0)acre or
less unless all of the following dust mitigation measures are initiated at the
start and maintained throughout the duration of the construction or
grading activity:
1. Construction vehicle speed at the work site must be limited to fifteen
(15)miles per hour or less;
2. Prior to any ground disturbance,sufficient water must be applied to
the area to be disturbed to prevent visible emissions from crossing
the property line;
3. Areas to be graded or excavated must be kept adequately wetted to
prevent visible emissions from crossing the property line;
4. Storage piles must be kept adequately wetted,treated with a
chemical dust suppressant,or covered when material is not being
added to or removed from the pile;
5. Equipment must be washed down before moving from the property
onto a paved public road; and
6. Visible track-out on the paved public road must be cleaned using wet
sweeping or a HEPA filter equipped vacuum device within twenty-four
(24)hours.
Mitigation Measure 4.b.1: Prior to issuance of grading/building permits,the BP PS 31.1
small riparian scrub area at the northwest corner and freshwater marsh area at
the southern tip of the property shall be fenced with protective fencing at the
limit of the area plus 5 feet. There shall be no construction activity or storage
of materials or vehicles in these areas. All sanitation facilities shall be placed
outside these areas and outside the drip line of any native tree.
Mitigation Measure 4.b.2: The developer shall contract with a qualified GP/BP PS 4.b.2
biologist to perform surveys for both the vernal pool fairy shrimp and botanical
resources prior to issuance of any site disturbance permits. The surveys are
to be completed no more than three(3)weeks prior to the issuance of
grading/building permits or other site disturbance.
09/11/06 Page 11 2865 Ferrocamil
72
CITY OF ATASCADERO
_T,r CERTIFIED MITIGATED
NEGATIVE DECLARATION
Exhibit A Timing Responsibility Mitigation
Monitoring Measure
Mitigation.Monitoring Program
GP:Grading Permit PS:Planning Services
BP:Building Permil BS:Building Services
TO:Temporary FD:Fie Department
Occupancy PD:Police Depadment
2865 Ferrocarril Rd. W
Fc Final inspection W:CityW Engineer
F0:Final W:Wastewater
Occupancy CA City Attorney
AMWC:Water ConV.
PLN 2099-0922/ZCH 2005-0107/CUP 2005-0171/TTM 2004-
0059
0040059
Mitigation Measure 4.d.1: In accordance with the Migratory Bird Treaty Act of GP PS 4.d.1
1918,the applicant shall contact the United States Fish and Wildlife Service
(USFWS)for direction. The applicant shall provide copies of all
correspondence with USFWS prior to issuance of grading/building permits and
shall incorporate all recommended mitigation measures into the project
design.
BP PS 4.e.1
Mitigation Measure 4.e.1: The Grading Plan shall identify tree protection
fencing around the drip line,or as recommended by the project arborist,of
each existing on-site or off-site native tree.
At no time shall tree roots be ripped with construction equipment. If
any roots,over 2 inches are accidentally ripped they shall be cut
perpendicular to the direction of growth with a handsaw and no tree
wound paint shall be applied.
. Mitigation Measure 4.e.2: Grading and excavation and grading work shall be GP PS 4.e.2
consistent with the City of Atascadero Tree Ordinance. Special precautions
when working around native trees include:
1. All existing trees outside of the limits of work shall remain.
2. Earthwork shall not exceed the limits of the project area.
3. Low branches in danger of being torn from trees shall be pruned prior to
any heavy equipment work being done.
4. Vehicles and stockpiled material and sanitation facilities shall be stored
outside the drip line of all native trees.
5. All trees within the area of work shall be fenced for protection with 4-foot
chain link,snow or safety fencing placed per the approved tree protection
plan. Tree protection fencing shall be in place prior to any site excavation
or grading. Fencing shall remain in place until completion of all
construction activities.
6. Any roots that are encountered during excavation shall be clean cut by
hand and sealed with an approved tree seal
•
09/11106 Page 12 2865 Ferrocarril
73
CITY OF ATASCADERO
CERTIFIED MITIGATED
_ NEGATIVE DECLARATION
Exhibit A
Timing Responsibility Mitigation
Mitigation Monitoring Program Monitoring Measure
GP:Grading Permit PS:Planning Services
BP:Building Pent BS:Building Services
To:Temporary FD:Fee Department
Occupancy PD:Police Departmerd
2865 Ferrocarril Rd. Fl:Finalinspection CE:City Engineer
F0:Feral WW:Wastewater
Occupancy CA City Altomey
AMWC:Water Comp.
PLN 2099-0922/ZCH 2005-0107/CUP 2005-0171/TTM 2004-
0059
0040059
Mitigation Measure 4.e.3: The developer shall contract with a certified arborist GP PS 4.e.3
during all phases of project implementation. The certified arborisis shall be
responsible for monitoring the project during all phases of construction through
project completion,as follows:
1. A written agreement between the arborist and the developer outlining an
arborist monitoring schedule for each construction phase through final
inspection shall be submitted to and approved by planning staff prior to
the issuance of building/grading permits.
2. Arborist shall schedule a pre-construction meeting with engineering
/planning staff, grading equipment operators, project superintendent to
review the project conditions and requirements prior to any grubbing or
earth work for any portion of the project site. All tree protection fencing
and trunk protection shall be installed for inspection during the meeting.
Tree protection fencing shall be installed at the line of encroachment into
the tree's root zone area.
3. As specified by the arborist report and City staff:
• Prune all trees in active development areas to be saved for structural
strength and crown cleaning by a licensed and certified arborist.
■ Remove all debris and spoils from the lot cleaning and tree pruning.
■ In locations where paving is to occur within the tree canopy,grub only
and do not grade nor compact. Install porous pavers over a three-inch
bed of 3/4 inch granite covered with one-inch pea gravel for screeding.
If curbs are required, use pegged curbs to secure the porous pavers.
Pegged curbs are reinforced six to eight curbs poured at grade with a
one-foot by one-foot pothole every four to six linear feet.
■ All trenching or grading within the protected root zone area,outside of
the tree protection fence shall require hand trenching or preserve and
protect roots that are larger than 2 inches in diameter.
■ No grading or trenching is allowed within the fenced protected area.
■ Any roots that are 4 inches in diameter or larger are not to be cut until
inspected and approved by the on-site arborist.
• Pathways, driveways, and parking areas that run under tree canopies
shall be made out of porous pavers to allow oxygen and moisture to
reach root systems.
■ Utilities such as water,gas, power, cable,storm drainage,telephone
and sewer should be directed away from under canopies and the
critical root zone(CRZ)of the trees. If this is not possible or feasible,
then they should be bored under the tree at a minimum depth of 3 feet.
Consult with the Arborist for further direction if necessary.
■ Where a building is placed within the canopy of a tree the foundation
or walls should be designed so that it bridges across any root system.
■ Any foundation or other structure that encroaches within the drip line of
trees shall be dug by hand or a small piece of equipment. •
99/11/06 Page 13 2865 Ferrocarril.
74
CITY OF ATASCADER0
CERTIFIED MITIGATED
*ir
NEGATIVE DECLARATION
•
Exhibit A Timing Responsibility Mitigation
/Monitoring Measure
Mitigation Monitoring Program
GP:Grading Pemdt PS:Planning Services
BP:Building Perm t BS:Building Services
TO:Ternporary FD:Fire Department
Occupancy PD:Police Department
2865 Ferrocarril Rd. FI:Final inspection CE WWWastewater
F0:Final
Occupancy CA City Attorney
AMWC:Water Comp.
PLN 2099-0922/ZCH 2005-01071CUP 2005-0171/TTM 2004-
0059
4. Upon project completion and prior to final occupancy a final status
report shall be prepared by the project arborist certifying that the tree
protection plan was implemented,the trees designated for protection
were protected during construction,and the construction-related tree
protection measures are no longer required for tree protection
Mitigation Measure 5.b.1: The project architect shall prepare development GP PS 5.b.1
plans that avoid the archaeological site. In the event that testing reveals
archaeological deposits with integrity and significant scientific values,the
project plan should be designed to minimize disturbance of site soils and
thereby protect the resources. If testing shows the deposits to be shallow,
depleted and generally insignificant,then plans need not be prepared to avoid
impacts.
Mitigation Measure 5.b.2: Prior to issuance of grading/building permits,the GP PS 5.b.2
developer shall have a Phase LI archaeological investigation to determine the
. dimensions of the archaeological deposits,their physical characteristics, and
material contents. Different areas should be systematically sampled,and all
recovered materials should be thoroughly processed, identified,and analyzed.
Before Phase II sampling begins,the project archaeologist should prepare a
comprehensive research design which includes a sampling strategy and an
analytical framework.
Mitigation Measure 5.b.3. The data from the Phase II sampling shall be GP PS 51.3
evaluated and using the California Environmental Quality Act guidelines,a
determination shall be made regarding classification of the site as an
"important cultural resource."
Mitigation Measure 5.b.4: If the Phase II testing shows that significant GP PS 5.b.4
resources do exist then a Phase III mitigation and management plan shall be
prepared to deal with expected impacts. The project archaeologist shall aide
in developing a mitigation plan with the goal of preserving the archaeological
resource.
Mitigation Measure 5.b.5: The Developer shall contact and work closely with GP PS 5.b.5
both the Chumash and the Salianian Tribes during any Phase II Cultural
Resource Assessment to insure that any cultural resources are preserved.
09/11/06 Page 14 2865 Ferrocarril
75
CITY OFATASCADERO
CERTIFIED MITIGATED
_ NEGATIVE DECLARATION
Exhibit A Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
GP:Grading Penh P3:Planning Services
BP:Building Pen it BS:Building Services
TO:Temporary FD:Fire Depadment
Occupancy PD:Pole Depart rant
2865 Ferrocarrill Rd. Fl:Final nspection CE:Cry Engineer
F0:Final WW:Wastewater
Occupancy CA City ftmey
AMWC:Waler Comp.
PLN 2099-0922/ZCH 2005-0107/CUP 2005-0171/TTM 2004-
0059
0040059
Mitigation Measure 5.d.1: In the event of the accidental discovery or GP PS 5.b.4
recognition of any human remains,the following steps shall be taken--There
shall be no further excavation or disturbance of the site or any nearby area
reasonably suspected to overlie adjacent human remains until the coroner of
the county in which the remains are discovered has been contacted to
determine that no investigation of the cause of death is required,and to
determine if the remains are of Native American heritage. If the remains are of
Native American Heritage,the coroner shall contact the Native American
Heritage Commission within 24 hours.
Mitigation Measure 6.a.c.1: Prior to issuance of grading/building permits,the GP CE 6.b
developer shall submit a geotechnical investigation that addresses earthquake
and liquefaction potential. Based on this report,all recommendations for
building and site design shall be implemented.
Mitigation Measure 8e.f.1: A Storm Water Pollution Prevention Plan BP CE 8.e.f •
(SW PPP)/Erosion Control Plan shall be submitted and approved by the City
Engineer prior to the issuance of the building permit. The plan shall include
storm water measures for the operation and maintenance of the project for the
review and approval of the City Engineer. The Building Permit application
plans shall identify Best Management Practices(BMPs)appropriate to the
uses conducted on site that effectively prohibit the entry of pollutants into
storm water runoff.
Mitigation Measure 8.e.f.2: The developer is responsible for ensuring that all BP BS,Ps,CE 8.02
contractors are aware of all storm water quality measures and that such
measures are implemented. Failure to comply with the approved construction
Best Management Practices will result in the issuance of correction notices,
citations,or stop work orders.
Mitigation Measure 11.d: All construction activities shall comply with the City Ongoing BS/PS 11.d
of Atascadero Noise Ordinance for hours of operation.
Mitigation Measure 13.a.1: The Developer shall insure that structures and/or GP/BP PS/BS 13.a.1
septic systems are not built within the Atascadero Mutual Water Company
easement, nor will development of the project interfere with maintenance or
operation of any existing water lines.
Mitigation Measure 14.b.1: The construction of the equestrian/pedestrian trail Ongoing AMWC 14.b.1
shall not cross the Atascadero Mutual Water Company(AMWC)property
(River Parcel)until such time as AMWC allows such public access.
Mitigation Measure 15.a.b.1: Chico Road shall be extended to provide BP CE 15.a.b.1
ingress/egress to the four new residential units. .
09/11/06 Page 15 2865Ferrocanii
76
ATTACHMENT 3: Draft Resolution A
PD-16 Master Plan of Development(CUP 2005-0171/ZCH2O05-0107VTTM 2004-0059)
Draft Mitigated Negative Declaration
DRAFT RESOLUTION A
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, CERTIFYING
PROPOSED MITIGATED NEGATIVE DECLARATION 2006-0022
PREPARED FOR ZONE CHANGE 2005-0107,CONDITIONAL USE
PERMIT 2005-0171, AND
TENTATIVE TRACT MAP 2004-0059, APN 049-022-011
(2865 Ferrocarril Road/Tharp/Beck)
WHEREAS, an application has been received from Gary Tharp and Jim Beck (2865
Ferrocarril Road, CA 93422), Owner and Applicant, to consider a project consisting of a Zone
Change from RS (Residential Suburban) to RS / PD-16' (Residential Suburban with Planned
Development Overlay #16) with the adoption of a Master Plan of Development, and a five-lot
residential Tentative Tract Map on APN 049-022-011; and,
WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2006-0022
i 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 August 15, 2006 following the close of the review period to consider the Initial Study and
Proposed Mitigated Negative Declaration; and,
WHEREAS, the Planning Commission has determined that the project will have no
significant impacts with project specific mitigation measures incorporated; and,
WHEREAS, the City Council of the City of Atascadero held a public hearing on
September 26, 2006, following the close of the review period, to consider the Initial Study and
Proposed Mitigated Negative Declaration; and,
NOW THEREFORE, the City Council of the City of Atascadero, hereby resolves to
certify Proposed Mitigated Negative Declaration 2006-0022 based on the following Findings,
and as shown in Exhibit A:
1. The Proposed Mitigated Negative Declaration has been completed in compliance
with CEQA; and,
2. The Proposed Mitigated Negative Declaration was presented to the Planning
• Commission, and the information contained therein was considered by the
77
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.
4. The project will not achieve short-term to the disadvantage of long-term
environmental goals.
5. The project does not have impacts which are individually limited, but
cumulatively considerable.
6. The project will not cause substantial adverse effects on human beings either
directly or indirectly.
On motion by Council Member and seconded by Council Member
the foregoing Resolution is hereby adopted in its entirety on the following
roll call vote:
AYES
NOES:
ABSENT:
i
ADOPTED:
CITY OF ATASCADERO
By:
Tom O'Malley,Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Patrick L.Enright, City Attorney
78
®REE
Xa CITY OF ATASCADERO
19,g 9 COMMUNITY DEVELOPMENT DEPARTMENT CITY OF ATASCADERO
NOTICE OF INTENT TO ADOPT MITIGATED NEGATIVE
DECLARATION AND PLANNING COMMISSION PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Atascadero Planning Commission will be holding a
public hearing to consider the following project and environmental determination. The public is
encouraged to attend.
Owner I Owner:Gary&Mary P.Tharp.,5255 Traffic Way,Atascadero,CA 93422
Applicant: Applicant:Jim Beck,8665 Morro Road Suite E,Atascadero,CA 93422
Project Title: Zone Change 2005-0107,CUP 2005-0171,TTM 2004-0059
Project 2865 Ferrocarril,Atascadero,CA 93422
Location: (San Luis Obispo County)APN 049-022-011
Project An application for a Zone Change,Conditional Use Permit,and Tentative Tract Map for a 5 lot
Description: residential subdivision that will be developed under the requirements of the Planned Development
overlay#16 which allows for a clustered development in exchange for restricted open space areas.
Chico Road is proposed for extension to access a cluster of four(1)one-acre lots. The existing house
and support structures(except the barn,proposed for removal)will remain on proposed Lot 5.
Proposed Lot 5 will continue to be accessed from the existing driveway off Ferrocarril Road. The
riparian area along northeast side of the property will be preserved by an open space easement of
approximately 1.57 acres. Project design also includes a pedestrian and equestrian trail to access the
River Parcel from the Chico Road extension. No native trees are proposed for removal.
General Plan Designation: Suburban Estate(SE)
Zoning District:. ResidentialSuburban(RS)
Environmental Begins: July 27,2006
Review Dates: Ends: August 15,2006
Hearing Date: Planning Commission—August 15, 2006/City Council—September 26,2006
Hearing Atascadero City Hall,7:00 p.m.
Location: 6907 El Camino Real,Atascadero,CA 93422
Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration
Environmental is proposed. The proposed Mitigated Negative Declaration is available for public
Determination: review from July 27, 2006 through August 15, 2006 at 6907 El Camino Real,
Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through
Friday.
Any Aterestedpe o ay review the proposed Mitigated Negative Declaration and project files. Questions should
bed to argason,Associate Planner at 461-5000, ext. 3442
St en G.McHarris, eputy Community Development Director ate
2865 FcjmmLMNDlmdoc, Print Dam:07127M611:55 AM
6907 EL CAMINO REAL•ATASCADERO,CALIFORNIA 93422• (805)461-5000•FAX 461-7612
79
ATTACHMENT 4: Draft Ordinance A
PD-16 Master Plan of Development(CUP 2005-0171/ZCH 2005-01071TTM 2004-0059)
Approval of Proposed Zoning Map Change
DRAFT ORDINANCE A
ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA
APPROVING ZONE CHANGE 2005-01079
AMENDING THE OFFICIAL ZONING MAP DESIGNATION
OF APN 049-022-011 FROM RS (RESIDENTIAL SUBURBAN)
TO RS /PD-16 (RESIDENTIAL SUBURBAN WITH PLANNED
DEVELOPMENT OVERLAY#16)
(2865 Ferroearril Road/Tharp/Beck)
The City Council hereby finds and declares as follows:
WHEREAS, an application has been received from Gary Tharp and Jim Beck (2865
Ferrocarril Road, CA 93422), Owner and Applicants, to consider a project consisting of a Zone
Change from RS (Residential Suburban) to RS / PD-16 (Residential Suburban with Planned
Development Overlay #16) with the adoption of a Master Plan of Development, and a five-lot
residential Tentative Tract Map on APN 049-022-011; and,
WHEREAS, the site's General Plan Designation is SE(Suburban Estates); and,
WHEREAS, the site's current zoning district is RS (Residential Suburban); and
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2006-0022 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, General Plan SE land use designation allows for the creation of lots of less
than 2.5 acres when the lots are clustered to preserve open space and natural resources and
Zoning Ordinance Article 28 allows Planned Development Overlay zones to be established to
promote orderly and harmonious development and to enhance the opportunity to best utilize
special site characteristics; 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,
80
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone
Change application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendments;
and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on August 15, 2006, studied and considered Zone Change 2005-0107, 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 26, 2006, studied and considered Zone Change 2005-0107, 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 Designating a PD-16 Planned Development Overlay District. 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. Proposed plans offer certain redeeming features to compensate for the requested
modification.
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular
session assembled on September 26, 2006, resolved to introduce for first reading by title only, an
ordinance that would rezone the subject site consistent with the following:
1. Exhibit A: Zone Change Map
81
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
82
Exhibit A: Official Zoning Map Change 2005-0107(Planned Development Overlay#16)
VN, Project Site
Existing Zone: RS
Amended Zone: RS /PD-16
y
T \�
y ��E
i
tR
a,
t
b
gf
t
it � �' Om,�N ``''4•``� iP �
Existing Designations:
-General Plan: Suburban Estates
-Zoning District:Residential Suburban
Proposed Designations:
-General Plan: Suburban Estates
-Zoning District:Residential Suburban/PD-16
83
ATTACHMENTS: Draft Resolution B
PD-16 Master Plan of Development(CUP 2005-0171/ZCH 2005-0107)
Proposed Master Plan of Development
DRAFT RESOLUTION B
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT 2005-0171 (MASTER PLAN OF
DEVELOPMENT)
ON APN 049-022-011
(2865 Ferrocarril Road/ Tharp/Beck)
WHEREAS, an application has been received from Gary Tharp and Jim Beck (2865
Ferrocarril Road, CA 93422), Owner and Applicants, to consider a project consisting of a Zone
Change from RS (Residential Suburban) to RS / PD-16 (Residential'Suburban with Planned
Development Overlay #16) with the adoption of a Master Plan of Development, and a five-lot
residential Tentative Tract Map on APN 049-022-011; and,
WHEREAS, the site's General Plan Designation is SE (Suburban Estates); and,
WHEREAS, the Planning Commission has recommended that the site's Zoning District
be changed from RS (Residential Suburban) to RS/PD-16 (Residential Suburban/Planned
Development Overlay#16); and,
WHEREAS, the PD-16 requires the adoption of a Master Plan of Development,
approved in the form of a Conditional Use Permit; and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2006-0022 were
prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act (CEQA); and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act(CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone
Change application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of
Development; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on August 15, 2006, studied and considered the Master Plan of
Development (CUP 2005-0171), after first studying and considering the Proposed Mitigated
Negative Declaration prepared for the project, and
84
. WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on September 26, 2006, studied and considered Conditional Use Permit 2005-0171 (Master
Plan of Development), after first studying and considering the Proposed Mitigated Negative
Declaration prepared for the project, and,
NOW, THEREFORE, the City Council of the City of Atascadero takes the following
actions:
SECTION 1. Findings for Approval of Conditional Use Permit. The City Council
finds as follows:
1. The proposed project or use is consistent with the General Plan and the City's
Appearance Review Manual; and,
2. The proposed project or use satisfies all applicable provisions of the Title(Zoning
Ordinance) including the PD-16 Ordinance; and,
3. The establishment, and subsequent operation or conduct of the use will not, because
of the circumstances and conditions applied in the particular case, be detrimental to
the health, safety, or welfare of the general public or persons residing or working in
the neighborhood of the use, or be detrimental or injurious to property or
improvements in the vicinity of the use; and,
4. That the proposed project or use will not be inconsistent with the character or the
. immediate neighborhood or contrary to its orderly development; and,
5. That the proposed use or project will not generate a volume of traffic beyond the safe
capacity of all roads providing access to the project, either existing or to be improved
in conjunction with the project, or beyond the normal traffic volume of the
surrounding neighborhood that would result from full development in accordance
with the Land Use Element.
6. The Master Plan of Development standards or processing requirements will enhance
the opportunity to best utilize special characteristics of an area and will have a
beneficial effect on the area; and
7. Benefits derived from the Master Plan of Development and PD-16 overlay zone
cannot be reasonably achieved through existing development standards or processing
requirements; and,
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular
session assembled on September 26, 2006, resolved to approve Conditional Use Permit 2005-
0171 (Master Plan of Development) subject to the following:
1. EXHIBIT A: Conditions of Approval/Mitigation Monitoring Program
2. EXHIBIT B: Master Plan of Development
•
85
On motion by Council Member and seconded by Council Member
the foregoing Resolution is hereby adopted in its entirety on the following
roll call vote:
AYES:
NOES
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
Tom O'Malley, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Patrick L. Enright, City Attorney
86
EXHIBIT A:Conditions of Approval/Mitigation Monitoring Program
PD-16 Master Plan of Development(CUP 2005-0171/ZCH 2005-0107/TTM 2004-0059)
Conditions of Approval/ Timing Responsibility Mitigation
/Monitoring Measure
Mitigation Monitoring Program -
PS:Planning Services
BL:Business License BS:Building Services
2865 Ferrocarril Road GP:Grading Part* FD:Fire Depadment
BP:Building Permit PD:Police Department
PD-16 Master Plan of Development Fl:Final lrspecton CE:City Engineer
TO:Temporary WW:Wastewater
CUP 2005-0171/ZCH 2005-0107/TTM 2004 �
0059 ,prq CA cityAttomey
F0:Final Occupancy
Planning Services
1. The approval of this conditional use permit shall become final and BP PS
effective following City Council approval.
2. Approval of this Conditional Use Permit shall be valid for twenty-four(24) FM PS
months after its effective date. At the end of the period,the approval
shall expire and become null and void unless the project has received a
building permit.
3. Subsequent changes to the Master Plan of Development shall be On-going PS
approved by the Planning Commission,independent of Council action.
4. The Community Development Department shall have the authority to BP/FM PS
approve the following'minor changes to the project the(1)modify the site
plan project by less than 10%, (2)result in a superior site design or
appearance,and/or(3)address a construction design issue that is not
substantive to the Master Plan of Development. The Planning
Commission shall have the final authority to approve any other changes
to the Master Plan of Development and any associated Tentative Maps.
Any other changes to the Master Plan of Development shall be subject to
City Council approval.Any associated Tentative Maps shall be subject to
Planning Commission approval.
5. The applicant shall defend,indemnify,and hold harmless the City of ongoing PS
Atascadero or its agents,officers,and employees against any claim or
action brought to challenge an approval by the city,or any of its entities,
concerning the subdivision.
6. All site work, grading,and site improvements shall be consistent with the BP/FM PS
Master Plan of Development as shown in EXHIBIT B.
7. All subsequent Maps and construction permits shall be consistent with BP/FM PS
the Master Plan of Development contained herein and the Tentative
Tract Map.
8. Prior to recordation of the final map the applicant shall submit,for review BP PS
and approval:
■ Fencing plan,including materials and treatments
■ Trail signing plan
. Landscaping plan for all disturbed site area.
■ Project shall not be gated.
9. Affordable Housing Requirement: The applicant shall either deed restrict FM,BP PS,CE
a minimum of 1 residential unit for 30 years at a moderate income rate
87
Conditions of Approval f Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
PS:Planning Services
BL Business License BS:Building Services
2865 Ferrocarril Road GP:Grading PwrA FD:FireDepadment
BR Building Peft PD:Poke Department
PD-16 Master Plan of Development Fl:Fsallrspedon CECiyEngineer
TO:Temporary WW:Wasteveler
CUP 2005-01711ZCH 2005-0107/TTM 20040059 �upam CA C4 momey
F0:Final Occupanq
with recordation of the final map or shall pay an in lieu fee equal to 5%of
the construction valuation of each unit built in the tract including the
existing house.
10. Workforce Housing: FM,BP PS,CE
Prior to recordation of final map, the applicant shall enter into a legal
agreement with the City to reserve 1/2 of the units for sale to residents or
workers within the City of Atascadero,including the affordable units. The
agreement shall include the following provisions:
■ The units shall be offered for sale to residents or workers within the
City of Atascadero for a minimum of 60-days. During this time
period offers may only be accepted from Atascadero residents or
workers;
■ The applicant shall provide reasonable proof to the City that at least
one of the qualified buyers is a resident or worker within the City
Limits of Atascadero;
■ The Atascadero resident or worker restriction shall apply to the
initial sale only;
■ The applicant shall identify which units will be reserved;and the City •
Attorney shall approve the final form of the agreement.
11. The emergency services and facility maintenance costs listed below
shall be 100%funded by the project in perpetuity. The service and
maintenance costs shall be funded through a community facilities
district established by the City at the developer's cost. The funding
mechanism must be in place prior to or concurrently with acceptance
of the final maps. The funding mechanism shall be approved by the
City Attorney,City Engineer and Administrative Services Director prior
to acceptance of any final map. The administration of the above
mentioned funds shall be by the City. Developer agrees to participate
in the community facilities district and to take all steps reasonably
required by the City with regard to the establishment of the district and
assessment of the property.
■ All Atascadero Police Department service costs to the project.
• All Atascadero Fire Department service costs to the project.
• Off-site common City of Atascadero park facilities maintenance service
costs related to the project.
12. All tract maintenance costs listed below shall be 100% funded by the
project in perpetuity. The service and maintenance cost shall be funded
through a Maintenance Agreement established by the developer subject
to City approval. The Agreement must be in place prior to, or
concurrently with acceptance of any final maps. The Agreement shall be
approved by the City Attorney,City Engineer and Administrative Services
Director prior to acceptance of any Final Map. The administration of the
above mentioned funds, and the coordination and performance of
maintenance activities,shall be the responsibility of the home owners.
88
Conditions of Approval 1
Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
PS:Planning Services
BL:Business License BS:Building Services
2865 Ferrocarril Road GP:Grading Penh FD:Fire Department
BP.Building Permit PD:Polce Depadment
PD-16 Master Plan of Development Fl:Final Inspection CE:Cil Engineer
P T0:Temporary WW:wastewater
CUP 2005-01711ZCH 2005-0107/TTM 2004-0059 0ccapancy ca Co Attorney
F0:Final 0=pany
■ All streets, bridges, sidewalks, streetlights, street signs, roads,
emergency access roads,emergency access gates, and sewer mains
within the project.
■ All parks,trails, recreational facilities and like facilities.
■ All open space and native tree preservation areas.
■ All drainage facilities and detention basins.
• All creeks, flood plains, floodways, wetlands, and riparian habitat
areas.
13. In conjunction with the recordation of the final tract map,the developer FM PS,CE
shall record an Open Space Easement and a Pedestrian Access
Easement, reviewed and approved by the Community Development
Department. These easements shall also be shown on the face of the
final tract map and shall be consistent with the easement shown on the
approved tentative tract map.
14. The Developer shall construct a Class 1 trail for pedestrian and BP/GP PS/PW
equestrian access. The trail shall begin on the north side of the Paseo
Del Lago and Chico Road intersection and shall extend northerly across
the project property to the property boundary with the Atascadero Mutual
Water Company's"River Parcel." The trail shall meet the following
requirements:
■ The trail shall be 6 feet wide along the Chico Road extension,widening
to 84eet within the Open Space Easement crossing the project
property.
■ The trail shall be constructed with a decomposed granite finished
surface.
■ The Chico Road improvements and construction of the trail shall be in
conformance with all City requirements and the agreement entered
into between Mr.Beck and Mr.Munoz,dated August 23,2006.
Building Services
15. A soils investigation prepared by a licensed Geotechnical Engineer is BP FM
to be provided for the project. The report is to be provided at the time
of building permit submittal along with the building plans for review by
the Building Division. Recommendations contained in the report are to
be incorporated into the project plans.
Fire Marshal
16. All street names shall be reviewed and approved by the Community FM PS,FD,PD
Development Department,the Fire Department,and the Police
Department. Street names and addresses shall be approved and
assigned prior to recordation of the final map.
17. Note on plans that fire lanes shall be delineated to restrict parking as BP PS/FD
required by the Fire Authority.
89
Conditions of Approval/ riming Responsibility Mitigation
Mitigation Monitoring Program (Monitoring Measure
PS:Planning Services
BL:Business License BS:Building Services
2865 Ferrocarrll Road GP:Grading Perml FD:Fee Departroent
BP:Building Pemtit PD:Police Department
PD-16 Master Plan of Development Fl:Final inspection CE:CilyEngineer
TO:Temporary VVW:Wastewater
CUP 2005-01712CH 2005-0107/TTM 20040059 Occupa�y CaciyAttomey
F0:Final Occupancy
Engineering Conditions:
City Engineer Project Conditions
18. Applicant shall construct the extension of Chico Road to the 401A City BP CE
Standard, modified as shown on the tentative map.
19. A railing shall be provided along the top of the retaining wall on Chico GP, BP CE,BS
Road adjacent to the horse trail/pedestrian access in conformance with
the California Building Code
City Engineer Standard Conditions
20. In the event that the applicant bonds for the public improvements GP, BP CE
required as a condition of this map, the applicant shall enter into a
Subdivision Improvement Agreement with the City Council.
21. An engineer's estimate of probable cost shall be submitted for review and GP, BP CE
approval by the City Engineer to determine the amount of the bond.
22. The Subdivision Improvement Agreement shall record concurrently with FM CE
the Final Map.
23. A six(6)foot Public Utility Easement(PUE)shall be provided contiguous GP, BP CE
to the property frontage.
24. The applicant shall acquire title interest in any off-site land that may be GP, BP CE
required to allow for the construction of the improvements.The applicant
shall bear all costs associated with the necessary acquisitions. The
applicant shall also gain concurrence from all adjacent property owners
whose ingress and egress is affected by these improvements.
25. Slope easements shall be obtained by the applicant as needed to GP, BP CE
accommodate cut or fill slopes.
26. Drainage easements shall be obtained by the applicant as needed to GP, BP CE
accommodate both public and private drainage facilities.
27. A preliminary subdivision guarantee shall be submitted for review in FM CE
conjunction with the processing of the tract map.
28. The final map shall be signed by the City Engineer prior to the map being FM CE
placed on the agenda for City Council acceptance.
29. Prior to recording the tract map, the applicant shall pay all outstanding FM CE
plan check/inspection fees.
30. Prior to recording the map, the applicant shall bond for or complete all FM CE
improvements required by these conditions of approval.
31. Prior to recording the tract map, the applicant shall bond for or set FM CE
monuments at all new property corners. A registered civil engineer or
90
Conditions of Approval/ Timing Responsibility Mitigation
/Monitoring
ew Measure
Mitigation Monitoring Program
PS:Planning Services
BL:Business License BS:Building Services
GP:Grading Perms FD:Fire Depadrnenl
2865 FEITOCarril Road BP:Building Permit PD:Police Depart enl
PD-16 Master Plan of Development Fl:Final inspection SOW r
evvater
TO:Tenporary CA CAy Allomey
CUP 2005-0171/ZCH 2005-0107/TTM 20040059 Oc upancy
F0:Final Oxupency
licensed land surveyor shall indicate by certificate on the parcel map,that
corners have been set or shall be set by a date specific and that they will
be sufficient to enable the survey to be retraced.
32. Prior to recording the tract map, the applicant shall submit a map drawn FM CE
in substantial conformance with the approved tentative map and in
compliance with all conditions set forth herein. The map shall be
submitted for review and approval by the City in accordance with the
Subdivision Map Act and the City's Subdivision Ordinance.
33. All existing and proposed utility, pipeline, open space, or other FM CE
easements are to be shown on the final/parcel map. If there are building
or other restrictions related to the easements,they shall be noted on the
final/parcel map. The applicant shall show all access restrictions on the
final/parcel map.
34. Prior to recording the tract map, the applicant shall have the map FM CE
reviewed by all applicable public and private utility companies (cable,
telephone, gas, electric, Atascadero Mutual Water Company). The
applicant shall obtain a letter from each utility company indicating their
review of the map. The letter shall identify any new easements that may
be required by the utility company. A copy of the letter shall be submitted
to the City. New easements shall be shown on the parcel map.
35. Prior to the issuance of building permits the applicant shall submit plans GP,BP CE
and supporting calculations/reports including street improvements,
underground utilities, composite utilities, and grading/drainage plans
prepared by a registered civil engineer for review and approval by the
City Engineer.
36. Submit calculations to support the design of any structures or pipes. GP,BP CE
Closed conduits shall be designed to convey the 10-year flow with gravity
flow, the 25-year flow with head, and provide safe conveyance for the
100-year overflow.
37. Show the method of dispersal at all pipe outlets. Include specifications for GP,BP CE
size&type.
38. Concentrated drainage from off-site areas shall be conveyed across the GP,BP CE
project site in drainage easements. Acquire drainage easements where
needed. Drainage shall cross lot lines only where a drainage easement
has been provided. If drainage easement cannot be obtained the storm
water release must follow the exact historic path, rate and velocity as
prior to the subdivision.
39. Applicant shall submit erosion control plans and a Storm Water Pollution GP,BP CE
Prevention Plan (SWPPP). A SWPPP is required where greater than 1
acre is disturbed by construction of the project. The Regional Water
Quality Control Board shall approve the SWPPP.
40. All public improvements shall be constructed in conformance with the GP,BP CE
City of Atascadero Engineering Department Standard Specifications and
91
Conditions of Approval/
Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
PS:Planning Sam=
BL Business license BS:Building Services
2865 Ferrocarril Road GP:Grading Penin FD:Fire Department
BP:Building Pemrl PD:Police Department
PD-16 Master Plan of Development Fl:Final Inspedion CE:Go Engineer
TO:Temporary WW:Wastewater
CUP 2005-01712CH 2005-01071TTM 20040059 Occupancy Ca Citynttomey
FO:Final Occupancy
Drawings or as directed by the City Engineer
41. The on-site residential streets shall be improved consistent with the GP,BP CE
Tentative Tract Map.
42. Off-site streets shall be improved consistent with the Tentative Tract Map. GP,BP CE
43. Alignment of frontage improvements shall be approved by the City GP,BP CE
Engineer.
44. A mechanism to provide for the funding of maintenance for lighting,street GP,BP CE
improvements, special paving surfaces, sewer, storm drain, common
area landscape,open space,and/or hardscape shall be provided.
45. All utilities shall be undergrounded on project frontage GP,BP CE
AMWC Conditions
46. Before issuance of building permits, the applicant shall obtain a `Mull
Serve" letter from AMWC for the newly created lots within the
subdivision.
Mitigation Measures
Mitigation Measure 1.c.1: Individual units shall be painted with earth toned BP PS
colors.All materials shall be high quality and designed to blend with the
surrounding environment.
Mitigation Measure 1.c.2: An open space easement and a BP PS
pedestrian/equestrian trail shall be incorporated into the design along the
western edge of the project to maintain the rural visual character of the
project site.
Mitigation Measure 1.d.1:All lighting shall be residential in nature.A BP PS
maximum of 1 common light post may be permitted at the terminus of the
driveway for safety.Any such light post and fixture shall be full cut-off and
a maximum of 12-feet in height.The light shall be placed on a motion
sensor and shall not be left on past 10pm.
Mitigation Measure 3.b.1: The project shall be conditioned to comply with BP BS
all applicable District regulations pertaining to the control of fugitive dust
(PM-10) as contained in sections 6.3,6.4 and 6.5 of the April 2003 Air
Quality Handbook.
■ Asbestos has been identified by the state Air Resources Board as a
toxic air contaminant. Serpentine and ultramafic rocks are very
common in the state and may contain naturally occurring asbestos.
Under the State Air Resources Board Air Toxics Control Measure
(ATCM)for Construction,Grading,Quarrying,and Surface Mining
Operations,prior to any grading activities at the site,the project
proponent shall ensure that a geologic evaluation is conducted to
determine if naturally occurring asbestos is present within the area
that will be disturbed. If Naturally Occurring Asbestos(NOA)is found
92
Timing in Responsibility Mitigation
Conditions of Approval/ /Monitoring Measure
Mitigation Monitoring Program
PS:Planning Services
BL:Business License BS:Building Services
GP:Grading Permit FD:Fire Deparlrnent
2865 Ferrocarril Road BP:BuildingPernH PD:Police Department
neer
PD-16 Master Plan of Development Fl:Finalinspection Nna wassievia
TO:Temporary CA City Attorney
CUP 2005-0171/ZCH 2005-01071TTM 20040059 occupancy
F0:Final Occupancy
at the site the applicant must comply with all requirements outlined in
the Asbestos ATCM for Construction, Grading, Quarrying,and Surface
Mining Operations. If NOA is not present,an exemption request must
be filed with the District. If NOA is found at the site the applicant must
comply with all requirements outlined in the Asbestos ATCM. This
may include development of an Asbestos Dust Mitigation Plan and an
Asbestos Health and Safety Program for approval by the APCD.
Should Naturally Occurring Asbestos be identified within the area of
construction, and the worked area will be less than or equal to one
acre,then the dust control measures identified below are required. If
the disturbed area is greater than one acre,additional requirements
may include but are not limited to 1)an Asbestos Dust Mitigation Plan
which must be approved by the District before construction begins,
and 2)an Asbestos Health and Safety Program will also be required
for some projects.
■ Dust Control Measures for Construction and Grading Operation
Projects One Acre or Less:No person shall engage in any
construction or grading operation on property where the area to be
disturbed is one(1.0)acre or less unless all of the following dust
mitigation measures are initiated at the start and maintained
throughout the duration of the construction or grading activity:
1. Construction vehicle speed at the work site must be limited to
fifteen (15)miles per hour or less;
2. Prior to any ground disturbance,sufficient water must be applied
to the area to be disturbed to prevent visible emissions from
crossing the property line;
3. Areas to be graded or excavated must be kept adequately wetted
to prevent visible emissions from crossing the property line;
4. Storage piles must be kept adequately wetted,treated with a
chemical dust suppressant,or covered when material is not being
added to or removed from the pile;
5. Equipment must be washed down before moving from the
property onto a paved public road; and
6. Visible track-out on the paved public road must be cleaned using
wet sweeping or a HEPA filter equipped vacuum device within
twenty-tour(24)hours.
Mitigation Measure 4.b.1: Prior to issuance of grading/building permits,the BP PS
small riparian scrub area at the northwest comer and freshwater marsh
area at the southem tip of the property shall be fenced with protective -
fencing at the limit of the area plus 5 feet. There shall be no construction
activity or storage of materials or vehicles in these areas. All sanitation
facilities shall be placed outside these areas and outside the dripline of any
native tree.
Mitigation Measure 4.b.2: The developer shall contract with a qualified GP/BP PS
biologist to perform surveys for both the vernal pool fairy shrimp and
botanical resources prior to issuance of any site disturbance permits. The
93
Conditions of Approval/
Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
PS:Planning Services
BL:Business License BS:Building Services
2865 Ferrocarril Road GP:Grading Pent FD:Fire oepadmem
BP:Building Pent PD:Police Deparlmn!
PD-16 Master Plan of Development F7:Finallnspecton CE:cilyDow
TO:TeWrary W:WWastewater
CUP 2005-01712CH 2005-0107/TTM 20040059 �upary cn:coMornay
F0:Final Occupancy
surveys are to be completed no more than three (3)weeks prior to the
issuance of grading/building permits or other site disturbance.
Mitigation Measure 4.d.1: In accordance with the Migratory Bird Treaty Act GP PS
of 1918,the applicant shall contact the United States Fish and Wildlife
Service(USFWS)for direction. The applicant shall provide copies of all
correspondence with USFWS prior to issuance of grading/building permits
and shall incorporate all recommended mitigation measures into the
project design.
BP PS
Mitigation Measure 4.e.1: The Grading Plan shall identify tree protection
fencing around the dripline,or as recommended by the project arborist, of
each existing on-site or off-site native tree.
At no time shall tree roots be ripped with construction equipment.
If any roots,over 2 inches are accidentally ripped they shall be cut
perpendicular to the direction of growth with a handsaw and no
tree wound paint shall be applied.
Mitigation Measure 4.e.2: Grading and excavation and grading work shall GP PS
be consistent with the City of Atascadero Tree Ordinance. Special
precautions when working around native trees include:
1. All existing trees outside of the limits of work shall remain.
2. Earthwork shall not exceed the limits of the project area.
3. Low branches in danger of being torn from trees shall be pruned prior
to any heavy equipment work being done.
4. Vehicles and stockpiled material and sanitation facilities shall be
stored outside the dripline of all native trees.
5. All trees within the area of work shall be fenced for protection with 4-
foot chain link,snow or safety fencing placed per the approved tree
protection plan. Tree protection fencing shall be in place prior to any
site excavation or grading. Fencing shall remain in place until
completion of all construction activities.
6. Any roots that are encountered during excavation shall be clean cut by
hand and sealed with an approved tree seal.
Mitigation Measure 4.e.3: The developer shall contract with a certified GP PS
arborist during all phases of project implementation. The certified arborists
shall be responsible for monitoring the project during all phases of -
construction through project completion,as follows:
1. A written agreement between the arborist and the developer outlining
an arborist monitoring schedule for each construction phase through
final inspection shall be submitted to and approved by planning staff
prior to the issuance of building/grading permits.
2. Arborist shall schedule a re-construction meeting with engineering
94
Timing Responsibility Mitigation
Conditions of Approval/ /Monitoring Measure
Mitigation Monitoring Program
PS:Planning Services
BL:Business License BS.Building Services
GP:Grading Permit FD:Fre Department
2865 FeITOCa1771 Road BP:Building Pemtt PD:PoliceDepadrnent
PD-16 Master Plan of Development F:Fnannspectco cePmEngineer.
p T0:Temporary WW:wastewater
CUP 2005-01711ZCH 2005-01071TTM 2004 � nny
0059 „� CaCity Attorney
F0:Final Occupancy
/planning staff,grading equipment operators,project superintendent to
review the project conditions and requirements prior to any grubbing
or earth work for any portion of the project site. All tree protection
fencing and trunk protection shall be installed for inspection during the
meeting. Tree protection fencing shall be installed at the line of
encroachment into the tree's root zone area.
2. As specified by the arborist report and City staff:
■ Prune all trees in active development areas to be saved for
structural strength and crown cleaning by a licensed and certified
arborist.
• Remove all debris and spoils from the lot cleaning and tree
pruning.
■ In locations where paving is to occur within the tree canopy,grub
only and do not grade nor compact. Install porous pavers over a
three-inch bed of 3/a inch granite covered with one-inch pea gravel
for screeding. If curbs are required, use pegged curbs to secure
the porous pavers. Pegged curbs are reinforced six to eight curbs
poured at grade with a one-foot by one-foot pothole every four to
six linear feet.
• All trenching or grading within the protected root zone area,outside
of the tree protection fence shall require hand trenching or
preserve and protect roots that are larger than 2 inches in
diameter.
■ No grading or trenching is allowed within the fenced protected
area.
■ Any roots that are 4 inches in diameter or larger are not to be cut
until inspected and approved by the on-site arborist.
■ Pathways,driveways,and parking areas that run under tree
canopies shall be made out of porous pavers to allow oxygen and
moisture to reach root systems.
■ Utilities such as water,gas,power, cable,storm drainage,
telephone and sewer should be directed away from under canopies
and the critical root zone (CRZ)of the trees. If this is not possible
or feasible,then they should be bored under the tree at a minimum
depth of 3 feet. Consult with the Arborist for further direction if
necessary.
■ Where a building is placed within the canopy of a tree the
foundation or walls should be designed so that it bridges across
any root system.
■ Any foundation or other structure that encroaches within the
dripline of trees shall be dug by hand or a small piece of
equipment.
4. Upon project completion and prior to final occupancy a final status
report shall be prepared by the project arborist certifying that the
tree protection plan was implemented,the trees designated for
protection were protected during construction,and the
construction-related tree protection measures are no longer
required for tree protection
Mitigation Measure 5.b.1: The project architect shall prepare development GP PS
tans that avoid the archaeological site. In the event that testing reveals
95
Conditions of Approval/ Timing Responsibility Mitigation
/Monitoring Measure
Mitigation Monitoring Program
PS:Planning Services
BL Business License BS:Building Services
GP:Grading Penmit FU:Fre Department
2865 Ferrocarril Road BP:Building Penin PD:Poke Depadm nt
PD-16 Master Plan of Development ' Fl:Finalinspecton iary CE: W i in
ater
CUP 2005-01711ZCH 2005-01071TTM 20040059 eet
t�Tupancy CA,ciryrnaney
F0:Final Occupancy
archaeological deposits with integrity and significant scientific values,the
project plan should be designed to minimize disturbance of site soils and
thereby protect the resources. If testing shows the deposits to be shallow,
depleted and generally insignificant,then plans need not be prepared to
avoid impacts.
Mitigation Measure 5.b.2: Prior to issuance of grading/building permits,the GP PS
developer shall have a Phase II archaeological investigation to determine
the dimensions of the archaeological deposits,their physical
characteristics,and material contents. Different areas should be
systematically sampled, and all recovered materials should be thoroughly
processed,identified,and analyzed. Before Phase II sampling begins,the
project archaeologist should prepare a comprehensive research design
which includes a sampling strategy and an analytical framework.
Mitigation Measure 5.b.3: The data from the Phase II sampling shall be GP PS
evaluated and using the California Environmental Quality Act guidelines, a
determination shall be made regarding classification of the site as an
"important cultural resource."
Mitigation Measure 5.b.4: If the Phase II testing shows that significant GP PS
resources do exist then a Phase III mitigation and management plan shall
be prepared to deal with expected impacts. The project archaeologist shall
aide in developing a mitigation plan with the goal of preserving the
archaeological resource.
Mitigation Measure 5.b.5: The Developer shall contact and work closely GP PS
with both the Chumash and the Salianian Tribes during any Phase II
Cultural Resource Assessment to insure that any cultural resources are
preserved.
Mitigation Measure 5.d.1: In the event of the accidental discovery or GP PS
recognition of any human remains,the following steps shall be taken--
There shall be no further excavation or disturbance of the site or any
nearby area reasonably suspected to overlie adjacent human remains until
the coroner of the county in which the remains are discovered has been
contacted to determine that no investigation of the cause of death is
required,and to determine if the remains are of Native American heritage.
If the remains are of Native American Heritage,the coroner shall contact
the Native American Heritage Commission within 24 hours.
Mitigation Measure 6.a.c.1: Prior to issuance of grading/building permits, GP CE
the developer shall submit a geotechnical investigation that addresses
earthquake and liquefaction potential. Based on this report,all
recommendations for building and site design shall be implemented.
Mitigation Measure 8e.f.1: A Stormwater Pollution Prevention Plan BP CE
(SWPPP)/Erosion Control Plan shall be submitted and approved by the
City Engineer prior to the issuance of the building permit. The plan shall
include storm water measures for the operation and maintenance of the
project for the review and approval of the City Engineer. The Building
Permit application plans shall identify Best Management Practices (BMPs)
appropriate to the uses conducted on site that effectively prohibit the entry
96
on
Conditions of Approval i riming R/MMconitori e� Measure
Mitigation Monitoring Program
PS:Planning Services
BL:Business License BS:Building Serines
GP:Grading Pem R FD:Fire Deperlmsnl
2865 Ferrocarril Road BP:Building Permit PD:Polbe Depadmenl
PDA 6 Master Plan of Development FI:Fnannspecton CE: W�°tet
TO:Tenporary CA CV Atfomey
CUP 2005-01711ZCH 2005-01071TTM 20040059 occupancy
F0:Final Occupancy
of pollutants into storm water runoff.
Mitigation Measure 8.e.f.2: The developer is responsible for ensuring that BP BS,PS,CE
all contractors are aware of all storm water quality measures and that such
measures are implemented.Failure to comply with the approved
construction Best Management Practices will result in the issuance of
correction notices,citations,or stop work orders.
Mitigation Measure 11.d: All construction activities shall comply with the Ongoing BS/PS
City of Atascadero Noise Ordinance for hours of operation.
Mitigation Measure 13.a.1: The Developer shall insure that structures GP/BP PS/BS
and/or septic systems are not built within the Atascadero Mutual Water
Company easement, nor will development of the project interfere with
maintenance or operation of any existing water lines.
Mitigation Measure 14.b.1: The construction of the equestrian/pedestrian Ongoing AMWC
trail shall not cross the Atascadero Mutual Water Company(AMWC)
property(River Parcel)until such time as AMWC allows such public
access.
Mitigation Measure 15.a.b.1: Chico Road shall be extended to provide BP CE
ingress/egress to the four new residential units.
97
EXHIBIT B:Master Plan of Development
gt», . .
VZ ..
} SJ Il 1 I
0 # � � • "I $
sill
Y KFS
a�
7
Open space � �"
easement with
public access
trail to Salinas
Riven
98
EXHIBIT C:Preliminary Grading and Drainage Plan
77 ,r
h
MI
ftw
M „$.: 4, fila
y
� P
is
V IA
w
.e.*w4
�
y f
t
99
ITEM NUMBER: B- 1
DATE: 09/26/06
ATTACHMENT 6: Draft Resolution C
ZCH 2005-0107/TTM 2004-0059
Proposed Tentative Tract Map
DRAFT RESOLUTION C
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING
TENTATIVE TRACT MAP 2004-0059,A FIVE LOT SUBDIVISION
CONSISTENT WITH A MASTER PLAN OF DEVELOPMENT
ON APN 049-022-011
(2865 Ferrocarril Road/Tharp/Beck)
WHEREAS, an application has been received from Gary Tharp and Jim Beck (2865
Ferrocarril Road, CA 93422), Owner and Applicants, to consider a project consisting of a Zone
Change from RS (Residential Suburban) to RS / PD-16 (Residential Suburban with Planned
Development Overlay #16) with the adoption of a Master Plan of Development, and a five-lot
residential Tentative Tract Map on APN 049-022-011; and,
WHEREAS, the site's General Plan Designation is SE (Suburban Estate); and, .
WHEREAS, the Planning Commission has recommended that the site's Zoning District
be changed from RS (Residential Suburban) to RS/PD-16 (Residential Suburban/Planned
Development Overlay#16); and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2006-0022 were
prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act(CEQA); and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative
Tract Map application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of
Development; and,
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on September 26, 2006, studied and considered Tentative Tract Map 2004-0059, after first
studying and considering the Proposed Mitigated Negative Declaration prepared for the project;
and,
100
NOW THEREFORE, the City Council of the City of Atascadero takes the
following actions:
SECTION 1. Findings of Approval for Tentative Tract Map, the City Council of the
City of Atascadero finds as follows:
1. The proposed subdivision, design and improvements as conditioned, is consistent with
the General Plan and applicable zoning requirements
2. The proposed subdivision, as conditioned, is consistent with the proposed Planned
Development Overlay District#16 Master Plan of Development(CUP 2005-0171).
3. The site is physically suitable for the type of development proposed.
4. The site is physically suitable for the density of development proposed.
5. The design and improvement of the proposed subdivision will not cause substantial
environmental damage or substantially and unavoidably injure fish and wildlife or their
habitat.
6. The design of the subdivision will not conflict with easements acquired by the public at
large for access through, or the use of property within, the proposed subdivision; or
substantially equivalent alternative easements are provided.
7. The proposed subdivision design and type of improvements proposed will not be
detrimental to the health, safety or welfare of the general public.
SECTION 2. Approval, The City Council of the City of Atascadero, in a regular
session assembled on September 26, 2006, resolved to approve Tentative Tract Map (TTM 2004-
0059) subject to the following:
1. Exhibit A: Tentative Tract Map (Tract 2681)
2. Exhibit B: Conditions of Approval/Mitigation Monitoring Program.
101
On motion by Council Member and seconded by Council Member
the foregoing Resolution is hereby adopted in its entirety on the following
roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
Tom O'Malley, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Patrick L. Enright, City Attorney
i
102
Exhibit A:Tentative Tract Map 2004-0059
eft 5 9 P A
ilia
q w
f
t �t
w
Open space
easement with
public access
trail to Salinas
River - t
w
i
� kLw
103
Exhibit B:Conditions of Approval/Mitigation Monitoring Program
Tentative Tract Map 2004-0059
Conditions of Approval/ Timing Responsibility Mitigation
Mitigation Monitoring Program (Monitoring Measure
GP:Grading Permit PS:Planning Services
BP:Building PermA BS:Building Services
2865 Ferrocarrll Road SIP:SubdiJsbn FD:Fire Department
Irnprovement Plane PD:Police Department
Vesting Tentative Tract Map FM:Final Map CE:Cay Engineer
TO:Temporary WW:Wastewater
TTM 2004-0059 Occupancy Ca city Attorney
FI:Final inspection AMWC:Water Comp.
F0:Final Occupancy
Planning Services
1. The approval of this Tentative Tract Map shall become final and FM PS
effective following approval of Zone Change 2005-0107 and CUP
2005-0171.
2. Approval of this Tentative Tract Map shall be valid for two years after FM PS
its effective date. At the end of the period,the approval shall expire
and become null and void unless an extension of time is granted
pursuant to a written request received prior to the expiration date.
3. The Community Development Department shall have the authority FM PS
to approve minor changes to the project that(1) result in a superior
site design or appearance,and/or(2)address a design issue that is
not substantive to the Tentative Tract Map and that the Final Map is
in substantial conformance with the Tentative Map.- 0
4. The Tract Map shall be subject to additional fees for park or FM PS
recreation purposes(QUIMBY Act)as required by City Ordinance.
5. The granting of this entitlement shall apply to the property located at On going PS
2865 Ferrocarril Road(APN 049-022-011)regardless of owner.
6. The Final Map shall be drawn in substantial conformance with the FM PS
approved tentative map, and in compliance with all conditions set
forth herein, shall be submitted for review and approval in
accordance with the Subdivision Map Act and the City's Subdivision
Ordinance.
7. The subdivider shall defend, indemnify, and hold harmless the City FM PS
of Atascadero or its agents, officers, and employees against any
claim or action brought to challenge an approval by the city, or any
of its entities,concerning the subdivision.
8. Prior to recordation of the final map the applicant shall submit,for BP PS
review and approval:
■ Fencing plan,including materials and treatments
■ Trail signing plan
■ Landscaping plan for all disturbed site area.
■ Project shall not be gated.
9. Affordable Housing Requirement: The applicant shall either deed FM,BP PS,CE
restrict a minimum of 1 residential unit for 30 years at a moderate
income rate with recordation of the final map or shall pay an in lieu
104
Conditions of Approval/ Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
GFI.Grading Permit PS:Planning Services
BP:Building Permit BS:Building Sentes
2865 Ferrocarril Road SIP:Subdivision FD:Fire Department
Inprovement Plans PD:Police Department
Vesting Tentative Tract Map FM'Final Map CE:CilyE*eer
T0:Temporary WW:Wastewater
TTM 20040059 Ocotrpanoy CA Coy Attomey
FI:Final inspacbw AMWC:Water Comp.
F0:Final Occupancy
fee equal to 5%of the construction valuation of each unit.
10. Workforce Housing: FM,BP PS,CE
Prior to recordation of final map,the applicant shall enter into a legal
agreement with the City to reserve 1/2 of the units for sale to residents
or workers within the City of Atascadero, including the affordable
units. The agreement shall include the following provisions:
■ The units shall be offered for sale to residents or workers
within the City of Atascadero for a minimum of 60-days.
During this time period offers may only be accepted from
Atascadero residents or workers;
■ The applicant shall provide reasonable proof to the City that
at least one of the qualified buyers is a resident or worker
within the City Limits of Atascadero;
■ The Atascadero resident or worker restriction shall apply to
the initial sale only;
■ The applicant shall identify which units will be reserved;and the
City Attorney shall approve the final form of the agreement.
11. The emergency services and facility maintenance costs listed FM PS/PW
below shall be 100%funded by the project in perpetuity. The
service and maintenance costs shall be funded through a
community facilities district established by the City at the
developer's cost. The funding mechanism must be in place prior
to or concurrently with acceptance of the final maps. The funding
mechanism shall be approved by the City Attorney,City Engineer
and Administrative Services Director prior to acceptance of any
final map. The administration of the above mentioned funds shall
be by the City. Developer agrees to participate in the community
facilities district and to take all steps reasonably required by the
City with regard to the establishment of the district and
assessment of the property.
■ All Atascadero Police Department service costs to the project.
■ All Atascadero Fire Department service costs to the project.
■ Off-site common City of Atascadero park facilities maintenance
service costs related to the project.
12. All tract maintenance costs listed below shall be 100%funded by the FM PS/PW
project in perpetuity. The service and maintenance cost shall be
funded through a Maintenance Agreement established by the
developer subject to City approval. The Agreement must be in place
prior to, or concurrently with acceptance of any final maps. The
Agreement shall be approved by the City Attorney, City Engineer
and Administrative Services Director prior to acceptance of any Final
Map. The administration of the above mentioned funds, and the
coordination and performance of maintenance activities,shall be the
responsibility of the home owners.
105
Conditions of Approval/ Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
GP Grading Perot PS:Planning Services
BP:Building Pemtil BS:Building Services
2865 Ferrocarril Road SIP:subdivision FD:Fire Department
Vesting Tentative Tract Map FM`Fin�r� CPD:Police Dep~
TO:Temporary WW:Wastewater
TTM 2Occupancy0059 Occupancy Ck City Attorney
FI:Fnal aspection AMWC:Water Corrp.
F0:Final Occupancy
■ All streets, bridges, sidewalks, streetlights, street signs, roads,
emergency access roads,emergency access gates, and sewer
mains within the project.
• All parks,trails, recreational facilities and like facilities.
■ All open space and native tree preservation areas.
• All drainage facilities and detention basins.
• All creeks, flood plains, floodways, wetlands, and riparian
habitat areas.
13. In conjunction with the recordation of the final tract map,the FM PS,CE
developer shall record an Open Space Easement and a Pedestrian
Access Easement,reviewed and approved by the Community
Development Department. These easements shall also be shown
on the face of the final tract map and shall be consistent with the
easement shown on the approved tentative tract map.
14. Prior to recordation of the final map the applicant shall submit,for BP PS
review and approval:
■ Fencing plan,including materials and treatments
■ Landscaping plan for all disturbed site area.
■ Project shall not be gated.
15. The Developer shall construct a Class 1 trail for pedestrian and BP/GP PS/PW
equestrian access. The trail shall begin on the north side of the
Paseo Del Lago and Chico Road intersection and shall extend
northerly across the project property to the property boundary with
the Atascadero Mutual Water Company's"River Parcel." The trail
shall meet the following requirements:
• The trait shall be 6 feet wide along the Chico Road extension,
widening to 8-feet within the Open Space Easement crossing
the project property.
■ The trail shall be constructed with a decomposed granite
finished surface.
■ The Chico Road improvements and construction of the trail shall
be in conformance with all City requirements and the agreement
entered into between Mr. Beck and Mr.Munoz,dated August
23,2006.
Building Services
16. A soils investigation prepared by a licensed Geotechnical BP FM
Engineer is to be provided for the project. The report is to be
provided at the time of building permit submittal along with the
building plans for review by the Building Division.
Recommendations contained in the report are to be incorporated
into the project plans.
106
Conditions of Approval/ Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
GP:Grading Perni PS:Planning Services
BP:Building Permit BS:Building Services
2865 Ferrocarril Road SIP:SubdNsion FD:Fire Department
Improvement Plans PD:Police Department
Vesting Tentative Tract Map FM:Final Map CE:City Engineer
TO:Temporary WW:Wastewater
TTM 2004-0059 Occupancy Cn CityAdomey
Fl:Final inspection AMWC:Water Comp.
F0:Final Occupancy
Fire Marshal
17. All street names shall be reviewed and approved by the FM PS, FD,PD
Community Development Department,the Fire Department,and
the Police Department. Street names and addresses shall be
approved and assigned prior to recordation of the final map.
18. Note on plans that fire lanes shall be delineated to restrict parking BP PS/FD
as required by the Fire Authority.
Engineering Conditions:
City Engineer Project Conditions
19. Applicant shall construct the extension of Chico Road to the 401A BP CE
City Standard, modified as shown on the tentative map.
20. A railing shall be provided along the top of the retaining wall on GP,BP CE,BS
Chico Road adjacent to the horse trail/pedestrian access in
conformance with the California Building Code
City Engineer Standard Conditions
21. In the event that the applicant bonds for the public improvements GP,BP CE
required as a condition of this map, the applicant shall enter into a
Subdivision Improvement Agreement with the City Council
22. An engineer's estimate of probable cost shall be submitted for review GP,BP CE
and approval by the City Engineer to determine the amount of the
bond.
23. The Subdivision Improvement Agreement shall record concurrently FM'- CE
with the Final Map.
24. A six (6) foot Public Utility Easement (PUE) shall be provided GP,BP CE
contiguous to the property frontage.
25. The applicant shall acquire title interest in any off-site land that may GP,BP CE
be required to allow for the construction of the improvements. The
applicant shall bear all costs associated with the necessary
acquisitions. The applicant shall also gain concurrence from all
adjacent property owners whose ingress and egress is affected by
these improvements.
26. Slope easements shall be obtained by the applicant as needed to GP,BP CE
accommodate cut or fill slopes.
27. Drainage easements shall be obtained by the applicant as needed to GP,BP CE
accommodate both public and private drainage facilities.
28. A preliminary subdivision guarantee shall be submitted for review in FM CE
107
Conditions of Approval/ Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
GP:Grading Perndt PS:Planning Services
2865 Ferrocarril Road sP SUbdKMnn FD:FreildDwra
Vesting Tentative Tract Map m ina��`s C Cm���int
TTM 2004-0059 TO:TeMmrary wW Wastewater
Occupancy CA CO Attomay
FI:Final rapertbn AMWC:Water Comp.
F0:Final Occupancy
conjunction with the processing of the tract map.
29. The final map shall be signed by the City Engineer prior to the map FM CE
being placed on the agenda for City Council acceptance.
30. Prior to recording the tract map, the applicant shall pay all FM CE
outstanding plan check/inspection fees.
31. Prior to recording the map,the applicant shall bond for or complete FM CE
all improvements required by these conditions of approval.
32. Prior to recording the tract map, the applicant shall bond for or set FM CE
monuments at all new property corners.A registered civil engineer or
licensed land surveyor shall indicate by certificate on the parcel map,
that comers have been set or shall be set by a date specific and that
they will be sufficient to enable the survey to be retraced.
33. Prior to recording the tract map, the applicant shall submit a map FM CE
drawn in substantial conformance with the approved tentative map
and in compliance with all conditions set forth herein.The map shall
be submitted for review and approval by the City in accordance with
the Subdivision Map Act and the City's Subdivision Ordinance.
34. All existing and proposed utility, pipeline, open space, or other FM CE
easements are to be shown on the final/parcel map. If there are
building or other restrictions related to the easements, they shall be
noted on the final/parcel map. The applicant shall show all access
restrictions on the final/parcel map.
35. Prior to recording the tract map, the applicant shall have the map FM CE
reviewed by all applicable public and private utility companies(cable,
telephone, gas, electric, Atascadero Mutual Water Company). The
applicant shall obtain a letter from each utility company indicating
their review of the map. The letter shall identify any new easements
that may be required by the utility company. A copy of the letter shall
be submitted to the City. New easements shall be shown on the
parcel map.
36. Prior to the issuance of building permits the applicant shall submit GP,BP CE
plans and supporting calculations/reports including street
improvements, underground utilities, composite utilities, and
grading/drainage plans prepared by a registered civil engineer for
review and approval by the City Engineer.
37. Submit calculations to support the design of any structures or pipes. GP,BP CE
Closed conduits shall be designed to convey the 10-year flow with
gravity flow, the 25-year flow with head, and provide safe
conveyance for the 100-year overflow.
38. Show the method of dispersal at all pipe outlets. Include GP,BP CE
specifications for size&type.
108
Conditions of Approval/ Timing Responsibility Mitigation
• Mitigation Monitoring Program lMonitoring Measure
GP:Grading Permit PS:Planning Services
BP:Building Permil BSBuffing Services
2865 Ferrocarril Road SIP:Subdivisbn FD:FireDepertmsnt
Improvement Plans PD:Police Department
Vesting Tentative Tract Map FM:Final Map CE:City Engineer
TTM 20040059 Occupancy ary Ck Wastewater
y
Occupancy �1' rrreY
FI:Final inspection AMWC:Water Comp.
F0:Final Occupancy
39. Concentrated drainage from off-site areas shall be conveyed across GP, BP CE
the project site in drainage easements.Acquire drainage easements
where needed. Drainage shall cross lot lines only where a drainage
easement has been provided. If drainage easement cannot be
obtained the storm water release must follow the exact historic path,
rate and velocity as prior to the subdivision.
40. Applicant shall submit erosion control plans and a Storm Water GP, BP CE
Pollution Prevention Plan (SWPPP). A SWPPP is required where
greater than 1 acre is disturbed by construction of the project. The
Regional Water Quality Control Board shall approve the SWPPP.
41. All public improvements shall be constructed in conformance with GP, BP CE
the City of Atascadero Engineering Department Standard
Specifications and Drawings or as directed by the City Engineer
42. The.on-site residential streets shall be improved consistent with the GP, BP CE
Tentative Tract Map.
43. Off-site streets shall be improved consistent with the Tentative Tract GP, BP CE
• Map.
44. Alignment of frontage improvements shall be approved by the City GP, BP CE
Engineer.
45. A mechanism to provide for the funding of maintenance for lighting, GP, BP CE
street improvements, special paving surfaces, sewer,storm drain,
common area landscape, open space, and/or hardscape shall be
provided.
46. All utilities shall be undergrounded on project frontage GP, BP CE
AMWC Conditions
47. Before issuance of building permits, the applicant shall obtain a
"Will Serve"letter from AMWC for the newly created lots within the
subdivision.
Mitigation Measures
Mitigation Measure 1.c.1: Individual units shall be painted with earth BP PS
toned colors.All materials shall be high quality and designed to blend
with the surrounding environment.
Mitigation Measure 1.e.2: An open space easement and a BP PS
pedestrian/equestrian trail shall be incorporated into the design along
the western edge of the project to maintain the rural visual character of
the project site.
Mitigation Measure 1.d.1:All lighting shall be residential in nature.A BP PS
maximum of 1 common light post may be permitted at the terminus of
109
Conditions of Approval/ 'riming Responsibility Mitigation
Mitigation Monitoring Program
/Monitoring Measure
GP:Grading Pemut PS:Planning Services
2865 Ferrocarril Road sP�suba�on Fnnit FDD:FireD�rlm Services
Improvement Plans PD:Pole Department
Vesting Tentative Tract Map Improvement
Final Map CE:City Engineer
TTM 20040059 TO:Terrporary WW:Wastermter
Occupancy CA City Atlomey
FI:Final inspection AMWC:Water Comp.
F0:Final Occupancy
the driveway for safety.Any such light post and fixture shall be full cut-
off and a maximum of 12-feet in height.The light shall be placed on a
motion sensor and shall not be left on past 10pm.
Mitigation Measure 3.b.1: The project shall be conditioned to comply BP PS
with all applicable District regulations pertaining to the control of
fugitive dust(PM-10) as contained in sections 6.3, 6.4 and 6.5 of the
April 2003 Air Quality Handbook.
■ Asbestos has been identified by the state Air Resources Board as
a toxic air contaminant. Serpentine and ultramafic rocks are very
common in the state and may contain naturally occurring
asbestos. Under the State Air Resources Board Air Toxics
Control Measure(ATCM)for Construction,Grading,Quarrying,
and Surface Mining Operations,prior to any grading activities at
the site,the project proponent shall ensure that a geologic
evaluation is conducted to determine if naturally occurring
asbestos is present within the area that will be disturbed. If
Naturally Occurring Asbestos(NOA) is found at the site the
applicant must comply with all requirements outlined in the
Asbestos ATCM for Construction,Grading,Quarrying,and •
Surface Mining Operations. If NOA is not present,an exemption
request must be filed with the District. If NOA is found at the site
the applicant must comply with all requirements outlined in the
Asbestos ATCM. This may include development of an Asbestos
Dust Mitigation Plan and an Asbestos Health and Safety Program
for approval by the APCD. Should Naturally Occurring Asbestos
be identified within the area of construction,and the worked area
will be less than or equal to one acre,then the dust control
measures identified below are required. If the disturbed area is
greater than one acre, additional requirements may include but
are not limited to 1)an Asbestos Dust Mitigation Plan which must
be approved by the District before construction begins, and 2)an
Asbestos Health and Safety Program will also be required for
some projects.
■ Dust Control Measures for Construction and Grading Operation
Projects One Acre or Less: No person shall engage in any
construction or grading operation on property where the area to
be disturbed is one(1.0)acre or less unless all of the following
dust mitigation measures are initiated at the start and maintained
throughout the duration of the construction or grading activity:
1. Construction vehicle speed at the work site must be limited to
fifteen (15)miles per hour or less;
2. Prior to any ground disturbance, sufficient water must be
applied to the area to be disturbed to prevent visible
emissions from crossing the property line;
3. Areas to be graded or excavated must be kept adequately
wetted to prevent visible emissions from crossing the property
line;
110
Conditions of Approval/ Timing Responsibility Mitigation
• Mitigation Monitoring Program /Monitoring Measure
GP:Grading Perm l PS:Planning Services
BP:Binding Permit BS:Building Services
2865 Ferrocarril Road SIP:Subdivii FD:FreDepaNrent
Inv ernant Plans PD:Police Department
Vesting Tentative Tract Map FM:Final Map CE:Cily Engineer
na y WW:Wastewater
TTM 20040059 Occupancy City Attorney
FI:Final inspection AMWQ Water Corry.
FO Final Occupancy
4. Storage piles must be kept adequately wetted,treated with a
chemical dust suppressant,or covered when material is not
being added to or removed from the pile;
5. Equipment must be washed down before moving from the
property onto a paved public road; and
6. Visible track-out on the paved public road must be cleaned
using wet sweeping or a HEPA filter equipped vacuum device
within twenty-four(24) hours.
Mitigation Measure 4.b.1: Prior to issuance of grading/building BP BS
permits,the small riparian scrub area at the northwest corner and
freshwater marsh area at the southern tip of the property shall be
fenced with protective fencing at the limit of the area plus 5 feet.
There shall be no construction activity or storage of materials or
vehicles in these areas. All sanitation facilities shall be placed outside
these areas and outside the dripline of any native tree.
Mitigation Measure 4.b.2: The developer shall contract with a qualified BP PS
• biologist to perform surveys for both the vernal pool fairy shrimp and
botanical resources prior to issuance of any site disturbance permits.
The surveys are to be completed no more than three(3)weeks prior to
the issuance of grading/building permits or other site disturbance.
Mitigation Measure 4.d.1: In accordance with the Migratory Bird GP PS
Treaty Act of 1918,the applicant shall contact the United States Fish
and Wildlife Service(USFWS)for direction. The applicant shall
provide copies of all correspondence with USFWS prior to issuance of
grading/building permits and shall incorporate all recommended
mitigation measures into the project design.
BP PS
Mitigation Measure 4.e.1: The Grading Plan shall identify tree
protection fencing around the dripline,or as recommended by the
project arborist,of each existing on-site or off-site native tree.
At no time shall tree roots be ripped with construction
equipment. If any roots,over 2 inches are accidentally ripped
they shall be cut perpendicular to the direction of growth with a
handsaw and no tree wound paint shall be applied.
Mitigation Measure 4.e.2: Grading and excavation and grading work GP PS
shall be consistent with the City of Atascadero Tree Ordinance.
Special precautions when working around native trees include:
7. All existing trees outside of the limits of work shall remain.
8. Earthwork shall not exceed the limits of the project area.
9. Low branches in danger of being torn from trees shall be pruned
prior to any heavy equipment work being done.
10. Vehicles and stockpiled material and sanitation facilities shall be
Conditions of Approval/ Timing Responsibility Mitigation
Mitigation Monitoring Program
/Monitoring Measure
GR Grading Permit PS:Planning Services
BP:Building Permit BS:Building Services
2865 Ferrocarril Road SIP:Subdivisbn FD:Fire Department
Imprdvemenl Plans PD:Police Department
Vesting Tentative Tract Map N:Final Map CE:City Engineer
TTM 20040059 TO:Temporary WW:Wastewater
Occupancy CA City Adomey
FI:Final inspection AMWC:Water Comp.
F0:Final Occupancy
stored outside the dripline of all native trees.
11. All trees within the area of work shall be fenced for protection with
4-foot chain link,snow or safety fencing placed per the approved
tree protection plan. Tree protection fencing shall be in place prior
to any site excavation or grading. Fencing shall remain in place
until completion of all construction activities.
12. Any roots that are encountered during excavation shall be clean
cut by hand and sealed with an approved tree seal.
Mitigation Measure 4.e.3: The developer shall contract with a certified GP PS
arborist during all phases of project implementation. The certified
arborists shall be responsible for monitoring the project during all
phases of construction through project completion, as follows:
1. A written agreement between the arborist and the developer
outlining an arborist monitoring schedule for each construction
phase through final inspection shall be submitted to and approved
by planning staff prior to the issuance of building/grading permits. •
2. Arborist shall schedule a pre-construction meeting with
engineering/planning staff,grading equipment operators, project
superintendent to review the project conditions and requirements
prior to any grubbing or earth work for any portion of the project
site. All tree protection fencing and trunk protection shall be
installed for inspection during the meeting. Tree protection
fencing shall be installed at the line of encroachment into the
tree's root zone area.
3. As specified by the arborist report and City staff:
■ Prune all trees in active development areas to be saved for
structural strength and crown cleaning by a licensed and
certified arborist.
■ Remove all debris and spoils from the lot cleaning and tree
pruning.
■ In locations where paving is to occur within the tree canopy,
grub only and do not grade nor compact. Install porous pavers
over a three-inch bed of 3/a inch granite covered with one-inch
pea gravel for screeding. If curbs are required, use pegged
curbs to secure the porous pavers. Pegged curbs are
reinforced six to eight curbs poured at grade with a one-foot by
one-foot pothole every four to six linear feet.
■ All trenching or grading within the protected root zone area,
outside of the tree protection fence shall require hand
trenching or preserve and protect roots that are larger than 2
inches in diameter.
• No grading or trenching is allowed within the fenced protected
area. .
• Any roots that are 4 inches in diameter or larger are not to be
cut until inspected and approved by the on-site arborist.
■ Pathways,driveways, and parking areas that run under tree
112
Conditions of Approval/ Timing Responsibility Mitigation
. Mitigation Monitoring Program /Monitoring Measure
GP:Grading Pernt PS:Planning Services
BP.Building Pemil BS:Building Services
2865 Ferrocardl Road SIP:Subdivision FD:FireDepartrnent
Improvement Plans PD:Police Daparl
Vesting Tentative Tract Map FM12'nalMap CECilyEognneer
TO:Tenporary WW:Wastewater
TTM 20040059 Occupancy CACity Atromey
FI:Feral inspection AMWC:Water Cone.
FO:Final Occupancy
canopies shall be made out of porous pavers to allow oxygen
and moisture to reach root systems.
■ Utilities such as water,gas,power,cable,storm drainage,
telephone and sewer should be directed away from under
canopies and the critical root zone(CRZ)of the trees. If this is
not possible or feasible,then they should be bored under the
tree at a minimum depth of 3 feet. Consult with the Arborist for
further direction if necessary.
■ Where a building is placed within the canopy of a tree the
foundation or walls should be designed so that it bridges
across any root system.
■ Any foundation or other structure that encroaches within the
dripline of trees shall be dug by hand or a small piece of
equipment.
5. Upon project completion and prior to final occupancy a final
status report shall be prepared by the project arborist
certifying that the tree protection plan was implemented,the
trees designated for protection were protected during
construction, and the construction-related tree protection
measures are no longer required for tree protection
Mitigation Measure 5.b.1: The project architect shall prepare GP PS
development plans that avoid the archaeological site. In the event that
testing reveals archaeological deposits with integrity and significant
scientific values,the project plan should be designed to minimize
disturbance of site soils and thereby protect the resources. If testing
shows the deposits to be shallow,depleted and generally insignificant,
then plans need not be prepared to avoid impacts.
Mitigation Measure 5.b.2: Prior to issuance of grading/building GP PS
permits,the developer shall have a Phase II archaeological
investigation to determine the dimensions of the archaeological
deposits,their physical characteristics, and material contents.
Different areas should be systematically sampled,and all recovered
materials should be thoroughly processed, identified,and analyzed.
Before Phase II sampling begins,the project archaeologist should
prepare a comprehensive research design which includes a sampling
strategy and an analytical framework.
Mitigation Measure 5.b.3: The data from the Phase II sampling shall GP PS
be evaluated and using the California Environmental Quality Act
guidelines,a determination shall be made regarding classification of
the site as an"important cultural resource."
Mitigation Measure 5.b.4: If the Phase II testing shows that significant GP PS
resources do exist then a Phase III mitigation and management plan
shall be prepared to deal with expected impacts. The project
archaeologist shall aide in developing a mitigation plan with the goal of
preserving the archaeological resource.
Mitigation Measure 5.b.5: The Developer shall contact and work GP PS
closely with both the Chumash and the Salianian Tribes during an
113
Conditions of Approval/ Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
GP:Grading Perini PS:Planning Services
rvices
2865 Ferrocarril Road
BP:
P Building
baNk�"" FSU:Firre Deepeng artnntent
Vesting Tentative Tract Map � nalM�� CE. ��nine/
TTM 2004-0059 TO:Temporary WW:Wastewater
Occupancy CA City Attorney
FI:Final inspection AMWC:Water Cone.
F0:Final Occupancy
Phase Il Cultural Resource Assessment to insure that any cultural
resources are preserved.
Mitigation Measure 5.d.1: In the event of the accidental discovery or GP CE
recognition of any human remains,the following steps shall be taken--
There shall be no further excavation or disturbance of the site or any
nearby area reasonably suspected to overlie adjacent human remains
until the coroner of the county in which the remains are discovered has
been contacted to determine that no investigation of the cause of
death is required,and to determine if the remains are of Native
American heritage. If the remains are of Native American Heritage,
the coroner shall contact the Native American Heritage Commission
within 24 hours.
Mitigation Measure 6.a.c.1: Prior to issuance of grading/building GP BS
permits,the developer shall submit a geotechnical investigation that
addresses earthquake and liquefaction potential. Based on this report,
all recommendations for building and site design shall be
implemented.
Mitigation Measure 8e.f.1: R Stormwater Pollution Prevention Plan BP CE
(SWPPP)/Erosion Control Plan shall be submitted and approved by
the City Engineer prior to the issuance of the building permit. The plan
shall include storm water measures for the operation and maintenance
of the project for the review and approval of the City Engineer. The
Building Permit application plans shall identify Best Management
Practices (BMPs) appropriate to the uses conducted on site that
effectively prohibit the entry of pollutants into storm water runoff.
Mitigation Measure 8.e.f.2: The developer is responsible for ensuring BP BS,PS,CE
that all contractors are aware of all storm water quality measures and
that such measures are implemented. Failure to comply with the
approved construction Best Management Practices will result in the
issuance of correction notices,citations,or stop work orders.
Mitigation Measure 11.d: All construction activities shall comply with Ongoing BS/PS
the City of Atascadero Noise Ordinance for hours of operation.
Mitigation Measure 13.a.1: The Developer shall insure that structures BP CE
and/or septic systems are not built within the Atascadero Mutual Water
Company easement, nor will development of the project interfere with
maintenance or operation of any existing water lines.
•
114
Attachment 7
Chico Road Access Cross Section
TRACT 2681
CHICO ROAD X-SECTION
way T
HORSE PAM 1
.r4 4dyY
Mo1G 6'
2
Se
2.5'A.C.QVElt Ir MOM 4 GASB
PROPOSED PUBLIC ROAD SECTION
WALLS WILL BE USED AS NEEDED WITH A MAXIMUM HEIGHT OF 6' N.T.S.
\\Cityhall\cdvipmnt\-ZCH- Zone Change\ZC 04\ZCH 2005-0107.9-26-06 CC SR.KM.doc
115
ITEM NUMBER: B -2
DATE: 09/26/06
1918 � 197a
fAD�
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 City of Atascadero has received
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 on August 8, 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."
117
ITEM NUMBER: B-2
DATE: 09/26/06
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 RegY 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.
118
ITEM NUMBER: B-2
DATE: 09/26/06
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
119
ITEM NUMBER: B-2
DATE: 09/26/06
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 of traditional
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.
120
ITEM NUMBER: B -2
DATE: 09/26/06
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,
anysite condominiums within the City, except as specified in Section 13 below.
Section 5.
Pursuant to the provisions of California Government Code section 65858, this
Ordinance is adopted as an urgency interim zoning ordinance and shall take effect immediately.
The facts demonstrating the urgency that forms the basis for this ordinance are as follows:
A. 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 of the building, which affects open space to 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
121
ITEM NUMBER: B -2
DATE: 09/26/06
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:
122
ITEM NUMBER: B -2
DATE: 09/26/06
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
123
ITEM NUMBER: C- 1
DATE: 09/26/2006
r.
Isla
Atascadero City Council
Staff Report - City Manager's Office
Records Retention Schedule Review
RECOMMENDATION:
Council direct staff to amend the Administrative Policy concerning Electronic Mail
Usage as recommended by staff.
DISCUSSION:
The City of Atascadero began the implementation of a Records Management Program
in 2002. A Records Management Program is the management of records from the time
records are received or created to their eventual elimination or identification for
permanent archival retention. A Records Retention Schedule is a document that lists
and describes the types of records that exist within an organization. The Records
Retention Schedule also specifies, for each type of record listed, the length of time they
are to remain active, inactive, and if and when they may be destroyed. These timelines
are primarily determined by State Government Codes.
A successful Records Management Program consists of several .important components,
including:
■ The appointment of a Records Manager to implement the Program
■ The establishment of a Records Management Committee consisting of
representatives from each department
■ Development and implementation of a Records Retention Schedule
■ Conversion of appropriate records to electronic media
March 2002 The City Manager appointed a Records Manager
November 2002 The Records Management Committee was formed
October 2003 Records Retention Schedule adopted by City Council
December 2003 San Simeon Earthquake
June 2004 present Conversion or permanent records to electronic media
125
ITEM NUMBER: C- 1
DATE: 09/26/2006
E-mail Retention Policy
At the Council's July 11, 2006 meeting, there was a discussion concerning the City's
policy on e-mail-retention. The Council asked Staff to bring this issue back to a future
Council agenda for review.
E-mail generates correspondence and other documentation, which may be recognized
as official City records in need of protection/retention in accordance with the California
Public Records Act.
Although the use of e-mail is considered official city business, the e-mail system is
intended as a medium of communication. Therefore, the e-mail system should not be
used for the electronic storage or maintenance of documentation, including, but not
limited to, official city records.- If an e-mail message, including any attachments, can be
considered an official City record, such e-mails should be printed as a hard copy, or
saved in another electronic format.
It is the responsibility of individual employees and their department heads to determine
if an e-mail, or any other document, is an official City record that must be retained in
accordance with the City's record retention schedule. Preliminary drafts, notes or
interagency or intra-agency memoranda that are not retained by the City in the ordinary
course of business are not considered to be official City records subject to disclosure.
Employees are encouraged to delete documents that are not otherwise required to be
kept by law or whose preservation is not necessary to the discharge of their duties or
the conduct of the City's business. E-mails that are not public documents are non-
records.
Staff solicited other California cities, asking for their e-mail retention policies. The
summary of the information received is attached to this report.
As you can see from the listing of other cities' e-mail retention policies, the e-mail
retention period ranges from "when no longer needed" to "90 days." Also, all the cities
that responded stated it is standard procedure in their city to consider the City's e-mail
system a communication system, not a storage system.
Atascadero's Records Retention Schedule lists e-mails as correspondence, not
retained in the ordinary course of business. The retention period listed is "when no
longer required."
Atascadero also has an Administrative Policy concerning electronic mail usage. This
policy was written July 2003, before the adoption of the Records Retention Schedule.
This policy states that there is a ninety day age limit for e-mails, and that they are
automatically deleted. The automatic deletion of e-mails was never enacted. It is
staff's recommendation that the Council direct staff to update the Electronic Mail Usage
Policy by deleting the strikeout text and add the underlined text shown on the attached
policy.
126
ITEM NUMBER: C- 1
DATE: 09/26/2006
i ATTACHMENTS:
A: Resolution 2003-047, adopting the Records Retention Schedule
B: Summary of information received from of other California cities concerning their
e-mail retention policies
C: Records Retention Schedule, listing email retention period
D: Electronic Mail Usage Policy
•
127
RESOLUTION NO. 2003-047
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA ADOPTING A RECORDS RETENTION
SCHEDULE AND AUNORIZING DESTRUCTION OF
CERTAIN CITY RECORDS
WHEREAS, the maintenance of numerous records is expensive, slows document
retrieval, and is not necessary after a certain period of time for the effective and efficient
operation of the government of the City of Atascadero; and
WHEREAS, Section 34090 of the Government Code of the State of California provides
a procedure whereby any City record which has served its purpose and is no longer required may
be destroyed; and
WHEREAS, there is a need for a City-wide records retention schedule which
standardizes the length of time records are kept according to all applicable legal, fiscal,
administrative and historic requirements; and
WHEREAS, the State of California has adopted guidelines for retention period for
various government records;
•
NOW, THEREFORE, THE CITE' COUNCIL OF THE CITE' OF ATASCADERO
DOES RESOLVE AS FOLLOWS:
Section 1. The Records Retention Schedule attached hereto as Exhibit A is hereby
adopted and shall be implemented on an ongoing basis without further action by the City
Council.
Section 2. The records of the City of Atascadero, as set forth in the Records Retention
Schedule, Exhibit A, attached hereto and incorporated herein by this reference, are hereby
authorized to be destroyed as provided by Section 34090 et seq. of the Government Code of the
State of California and in accordance with the provision of said schedule upon the request of the
Department Head and with the consent in writing of the City Attorney, without further action by
the City Council of the City of Atascadero.
128
City of Atascadero
Resolution No.2003-047
Page 2 of 2
Section 3. The City Council does hereby direct the Records Manager, appointed by the
City Manager, in consultation with the City Attorney, to review annually state and federal
regulations and to update the Records Retention Schedule as necessary.
Section 4. The term "records" as used herein shall include documents, instructions,
books, microforms, electronic files, magnetic tape, optical media, or papers; as defined by the
California Public Records Act.
Section 5. The City Clerk shall certify to the passage and adoption of this resolution and
enter it into the book of original resolutions.
Section 6. This resolution shall become effective immediately upon its passage and
adoption.
of the Cit
PASSED AND ADOPTED by .the City Councily of Atascadero on October
14, 2003 by the following roll call vote:
Council Members Luna, O'Malley,Pacas, Scalise and Mayor Clay
AYES: �
NOES: None
ABSTAIN: None
ABSENT: None
CITY OF ATASC E,/
V f ,•
arry L. y, ., Mayor „
ATTEST:
Marcia McClure Torgerson, C.M.q., City Clerk
APPR VEE) AS TO FORM:
Roy 25,f Hanley, City A mey
2
129
City of Atascadero
Resolution No.2003-047
Page 3 of 3
EXHIBIT A
The Records Retention Schedule is available for review in the City Clerk's Office.
3
130
vi
v
O
a.
O as
}
Cc t
m �
' O �
r
.O t
fn N N fn fn N WW to fn to to to fn fn
W
JD
O U) c • o 0
d 00
m N M -O
Z "0 -0yy � '� ) �
O N ;� d _0 'a O O H a N
� a) � c �
U) c4a� ccs = c c c N c
Z }� ° o O
uj LL L N � O
rLLI 0 ` ., �
O ;; O O � N O O O c O
Cc = — — — 41
c c m M c 0 OD 0 c 0 w 0 c U) p N N c
Q t p O N O O N p a O 'O O "O N -O (c -0 -0 N
ui z m or � rn0) 0') C) C)
c
'0 O
O O
c3 4Y ��j °
Q
N N V
N tz O O
O -0 O (a
U m � o M Om
i O > c
c m c m
.aIn O O ° L L = L C L
:� O cm O O (Q (6 (B — O O N
a
131
U o U)
co
U o a! c o CIL: p
o ' am m O o :o U `�
O U) a) N N V) `" O O c17
= N a) I O O p O = cl) O
rUU) CO)Cl) N
o O � owU
w
ai u m > m 0) a) uLi m a O
-n
� o u, -`oa c > o �
d a) cCo N a) O �= cMm ca OU
E c go � U �_ U CDma)
n
p cn C O a) cc .0 to c0 CD co O
U O E a) a) 0) s cm
N O aI m ` a) i
'O C .�-• Q
LO
y0 4- Q OV (0 Q N m 0 f6 U E S (�
Q)
o i (.. N v.
2 E d O a)
E
b L
` O
a) O rte- Rf p y
c 0.2 V
Q E E N O
II (n N
Z U) a
c
Q 0.
a) W 0
W0 0 0 O Z
N
_ d
(�• m co co y
H w
C
LO
� c3
G`:'iC'
�".:::;'."";i%;:k;ii; cp cy '' ....:........:Utz;??:%i•: ..::::.................::...,...;.i ..J:.'..:%:!:ii'::i,ii`:::.::< j:>,.,'�`I'..'::G: Cl)
0
................ ....:..... a) •E ::..:.....::i:::::::::::::.>:o::cs:;;;:.;:?iii::<�'�fiZ:::�?;::;y:skt;�;iciGii::2::2S,;:L;:ii::::`.:::2i2Y`<.::::•:::::.:0::::.:::::.
C
rn
U a) a) +- m E ¢) c
> = g Q)
NV to 0 N
Z = 0 0 s - c L)
O `
O -- 0) Q) i
O m
LLJ > .0 LL a) E z a) c a) -a) zO E
W � o O � � s ° � LJ � '�> T E
v
dc o o a � "j � `'� W o
U
U o�•a.). E hcn ORF' v —m m _p O
cn N E
U) O
io 3
a) C
) c o
Q moag °
Lo 0 NO€CC
z °ic °W m Kcaoaaii E � E - > o
N NO V
.c
N N Y a N y p CO > in 3
p c ? o i a a) �� iii Q c
i. a) N 'O '6 V .N N C C i N w O ++C 7
aS N O C O O C co C c6 Z ..� O C Q L
E ` in - 0 'O > > cl y E p a ' '3
c 0 p 0 a) i c d a vy 7 vi a) N .= c Wt a) y
N y � p O O f9 O r O) Q'4= -E5 ca •N a 0
� U c O o U CO a) CD '� > L W Q `
co m U y
a �a I H
y O z w °'C o LL
N d
V LL
W .0 ~ C
) O mL. C Q O N U
a) O o C o p 0 0
V V C .C,
132 0 � � � `° J )
re D, _i
Atascadero Administrative Policy
Policy No. 4
Date Revised:
Approved:
City of Atascadero
Electronic Mail Usage and Retention Policy
Purpose
This policy establishes guidelines for use of the Electronic Mail System(E-mail)provided by the
City of Atascadero (City) for communication and the accomplishment of City business by City
employees.
General Policy
The City's E-mail System is a busies temporary communications tool that will be used in
accordance with generally accepted business communications practices and current law.
However, depending on the content of the e-mail it may be considered a public record.
Accordingly, employees have the same responsibilities for e-mail messages as they do for any
other public record and must distinguish between records and non-record information..
Provisions
The City's E-mail System and all messages created and managed by it are City owned property
maintained by City staff. The City reserves the right to access and/or disclose all messages sent
over E-mail for any purpose. E-mail files, whether or not created or stored on City computers,
may constitute a public record subject to disclosure under the California Public Records Act or
other laws, or as a result of litigation.
Employees maybe assigned passwords for E-mail usage, but the assigmnent of a password does
not imply the granting of privacy rights of any kind in the computer usage for which the
password is required. The password belongs to the City and may be accessed for any purpose by
the City. All system passwords and encryption keys must be available to City management, and
employees may not use passwords that are unknown to City management or install encryption
programs without turning over encryption keys to the City.
Personal use of the City E-mail System is not permitted.
Language that is insulting, offensive, disrespectful, demeaning, or sexually suggestive will not be
tolerated. Harassment of any form, sexual, religious, or ethic slurs, obscenities, or any
representation of obscenities,will not be tolerated. Sending a copy of these types of offensive E-
mail messages will not be tolerated.
133
Atascadero Administrative Policy
Policy No.4
Page 2 of 3
E-mail is not private. None of the network security measures taken by the City provide privacy
for E-mail messages. E-mail messages are not confidential; therefore, employees can have no
expectation of privacy for anything that is sent via E-mail. Any message sent via the City's E-
mail System loses its confidentiality.
The City cannot assist employees with any private or commercial activities; therefore,no private
or commercial use of the City's E-mail System is allowed.
Messages of a political nature are prohibited. Employees may not use the City's E-mail System
to either support or oppose campaigns or candidates for political purposes.
Retention of Non-Record E-Mails
E-mail that is considered to have no administrative legal fiscal or archival requirements for its
retention should be deleted. as soon as it has served its purpose. They are not intended to be
retained in the ordinary course of City business and the informational content of such
communications is neither necessary nor intended to be preserved for future City use or
reference. Examples of such non-record. e-mails include the following:
Correspondence not relating to City business messages that do not set policy, establish
guidelines or procedures or document City business routine e-mail. messages
comparable to telephonic communications.
It is the responsibility of each employee to delete non-record emails when no longer needed, or
within.90 days.
Due to the method u4ilized fer- stefing E mail messages and the aeetunttlative size ef all message
there is a iiiiiety day age limit. Any E mail messages ever- the ninet-Y day age limit are
au4ematiea.ly deleted.
Retention of Record E-Mails. The definition of public records includes any writing containing
information relating to the conduct of the public's business prepared owned used or retained by
the City. The definition includes electronic records including e-mails. The.definition does not
include prelim.inM drafts notes or interagency or intra encncy memoranda that are not retained
by the City in the ordinary course of business. Examples of e-mails that may constitute a public
record include the following:
Policies and directives correspondence or memoranda relating to official
business (excluding duplicates), agendas and minutes of meetings, an.y
document that initiates authorizes, or completes a business transaction.,
and final reports or recommendations.
Responsibility for Retention. It is the responsibility of each employee for ensuring proper
retention of e-mails sent within the City. All other copies are duplicates and may be deleted.
However, if a record e-mail. was sent by an outside agency, a member of the public, or anyone
outside the City,the recipient is responsible for retention..
134
Atascadero Administrative Policy
Policy No.4
Page 3 of 3
Method of Retention E-mail records that have not met their retention period should be saved
by one of the following methods:
1 Print the e-mail and store the hard.copy in the appropriate file.
2 Electronically store the e-mail in an Exchange shared public folder,
or move it out of the e-mail system and store it on a shared
network drive. Note: When there is doubt about the retrievability
of an electronic record over its life span the record should be
printed and maintained in a hard copy format.
Each department shall select the method of retention for that department.
Retention Period for Record E-Mails. E-mail itself is not considered a record series or
category it is a means of transmission of messages or information. Retention or disposition of e-
mail messages must be related to the information they contain or the purpose they serve. Thus,
the retention period is determined by the content of the e-mail not the medium. If there is no
specified retention period record e-mails may be deleted after twoey ars upon authorization of
the City Council ptirsuant to Government Code section 34090. When in doubt about the legally
�jpropriate retention period, consult the City Clerk's Office.
E-Mail Attachments Attachments should be retained or disposed of according to the content of
the attachment itself,not the e-mail which transmits the attachment.
Back-Up
E-mail should be considered a communication tool not a storage mechanism. Back-up tapes are
for disaster recovery purposes only. Retention is the responsibility of the sender fo the message,
not the back-up process Back-up copies performed by Information Technology staff are not
records retention. Back-up tapes should be retained no more than six months.
Failure to comply with the above guidelines may result in disciplinary action up to and including
termination.
135
ITEM NUMBER: C-2
DATE: 09/26/06
. ■� w ■
Isis � i97e
Atascadero City Council
Staff Report City Manager's Department
San Luis Obispo County Visitors & Conference Bureau
Business Improvement District
RECOMMENDATION:
Council provide staff direction regarding placing the Business Improvement District on a
future agenda.
DISCUSSION:
The San Luis Obispo County Visitors & Conference Bureau (VCB) made a presentation
to the City Council on May 23, 2006 regarding the proposed initiation of a Countywide
Business Improvement District for the lodging industry. The VCB has gained the
approval of the County Board of Supervisors to pursue the process of creating the
District. The next step is to gain approvals of the City Councils. The 'VCB has
requested to be on the October 10, 2006 Agenda asking the City Council to approve a
Resolution consenting to the Business Improvement District.
FISCAL IMPACT:
None.
137
ITEM NUMBER: C-3
DATE: 09/26/06
: ■; ■E ■ ■
Atascadero City Council
Staff Report- Public Works Department
Chicago Grade Landfill,
Final Environmental Impact Report Letter of Support
RECOMMENDATION:
Council direct City Manager to send letter supporting Final Environmental Impact Report
for the Chicago Grade Landfill expansion
DISCUSSION:
•
The Chicago Grade Landfill is located at 2290 Homestead Road, four miles east of
Atascadero. The City currently contracts with the Chicago Grade Landfill for non-
hazardous solid waste disposal while waste pickup is performed by Waste Alternatives,
Inc. The Chicago grade landfill has a 38-acre footprint and a current waste capacity of
10 years. The Chicago Grade landfill is proposing to increase its capacity by 44 acres
which will extend the landfills life by 29 years to 2045. The County of San Luis Obispo
has prepared a Final Environmental Impact Report (FEIR) which includes mitigation
measures and monitoring requirements.
City staff has reviewed the FEIR and believes that expansion is warranted since all
potentially significant or significant impacts can be reduced to a less than significant
level, the expansion will provide cost effective and environmentally protective landfill
capacity,the landfill has had almost no impact on surface or groundwater quality, and
closing the landfill will shift environmental and physical impacts to other areas and result
in higher costs to Atascadero citizens. Staff has prepared and attached a letter
recommending FEIR adoption.
ATTACHMENT:
Letter to John Nall, County of San Luis Obispo County Planning and Building
Department
September 21, 2006
John Nall
Department of Planning and Building
County Government Center
San Luis Obispo, CA 93408
-Final Environmental Impact Report,Chicago Grade Landfill, County of San Luis
Obispo
Dear Mr. Nall,
The City of Atascadero (City) strongly supports and urges the County of San Luis Obispo
to adopt the Chicago Grade Landfill's Final Environmental Impact Report (FEIR). The
Chicago Grade Landfill expansion is warranted based on the County's need for landfill
space, all potentially significant or significant impacts can be reduced to a less than
significant level, the landfill has had almost no impact on surface or groundwater quality,
and closing the landfill only shifts environmental and physical impacts to other areas. In
addition, the City of Atascadero currently contracts with the Chicago Grade landfill as its
sole disposal site. Loss of this cost effective disposal alternative will only burden our
community with higher costs in times of escalating utility rates.
The County Currently has three active landfills: Chicago Grade, Cold Canyon, and Paso
Robles Landfill. These landfills currently handle all County and City generated Waste.
It is imperative that the capacity of these three landfills, more specifically Chicago Grade
Landfill, be maximized in order to ensure safe and sanitary waste disposal and meet the
County's requirement for landfill capacity consistent with the Integrated Waste
Management Plan. As the County's overall population grows,it will be become more
difficult to site new landfills. The California Integrated Waste Management Board
currently estimates it takes ten years to cite a new landfill in California.
As noted in the FEIR, all potentially significant or significant impacts can be reduced to a
less than significant level. The County has developed sound mitigation measures and
created a robust program to monitor implementation. The City believes that mitigation
implementation and monitoring will ensure that the residents living near the landfill are
not disportionately burdened by its operation.
The City also believes that the landfill's lack of impacts to surface and groundwater
should weigh heavily on the Board of Supervisors decision. The landfill's unlined
module has been in operation for 30 years with no indication of groundwater impacts
from leachate. The new landfill modules will be built with a High Density Polyethylene
liner over compacted clay, which when combined with the natural siting conditions, will
virtually eliminate the threat of groundwater contamination. Lastly, the landfill is
required to detain storm water in order to minimize offsite impacts. To date, City staff is
not aware of any impacts to offsite surface water.
While it may appear that closing the landfill in 2016 would be the superior environmental
alternative, the analysis fails to recognize that waste will still need to be shipped to
another community. Shipping wastes will probably result in greater environmental
impacts since the per vehicle trip will certainly be greater. Therefore, maximizing the use
of the Chicago Grade Landfill will continue to be the best environmental alternative next
to waste generation elimination.
Lastly, City staff believes that FEIR adoption would allow us to continue to provide our
citizens with a cost effective waste disposal option. Failure to adopt the FEIR would
potentially subject Atascadero's citizens to increased waste disposal costs, since the
City's waste would need to be shipped a longer distance. In addition, none of the
alternative project options listed is likely to result in decreased waste disposal costs and is
likely to have greater environmental impacts.
Thank you for the opportunity to comment on the Chicago Grade Landfill's FEIR.
Should you have any questions,please feel free to contact me at (805)461-5000.
Sincerely,
•
Wade McKinney
Atascadero City Manager
cc: San Luis Obispo County Board of Supervisors
SPECIAL JOINT
n
•
191 STUDY SESSION
Atascadero City Council
Atascadero Planning Commission
AGENDA
Tuesday, September 26, 2006
(Immediately Following the Regular City Council Meeting)
Atascadero City Hall, 6907 EI Camino Real, Atascadero, California
ROLL CALL:
APPROVAL OF AGENDA:
JOINT STUDY SESSION ITEM:
• 1. Condominium Conversion Ordinance
■ Fiscal Impact: Fiscal impact will vary depending upon the options
implemented and the methods of implementation.
■ Recommendation: Council and Planning Commission review the attached
report and accompanying documentation and direct staff in the policy
direction for review and recommendation of condominium conversion
projects. [Community Development]
PUBLIC COMMENT:
ADJOURNMENT:
The City Council and Planning Commission will adjourn to their next regularly scheduled
meetings.
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO )
CITY OF ATASCADERO
SHANNON SIMS being fully sworn, deposes, and says: That she is the Deputy City Clerk of the
City of Atascadero and that on Tuesday, September 19, 2006, she caused the above Notice to be
posted at the entrance of City Hall, 6907 EI Camino Real, Atascadero, Calif rnia;
SHANNON SIMS
DEPUTY CITY CLERK
CITY OF ATASCADERO
1
ITEM NUMBER: JT-1
DATE: 09/26/06
n
• 1918 � 8
Atascadero City Council
Staff Report - Community Development Department
Condominium Conversion Ordinance
RECOMMENDATION:
Council review the attached report and accompanying documentation and direct staff in
the policy direction for review and recommendation of condominium conversion
projects.
BACKGROUND:
• The City Council held a strategic planning meeting on
September 9, 2005 to review the.
City's General Plan policies in regards to condominium conversions and the potential
loss of the City's rental inventory. The Council directed staff to further investigate
options for condominium conversion that would be consistent with the General Plan
policies of preserving rental housing stock and encouraging the development of
affordable homeownership.
Staff brought the Condominium Conversion issue to the Council on March 14, 2006, at
which time the Council directed staff to enact an emergency moratorium for 45 days
until the item could be brought back to the Council for further discussion. Due to
difficulty agendizing the issue, the moratorium was extended until May 2007.
DISCUSSION:
Staff has contracted with the firm of Goldfarb Lipmam LLP to assist in the process. Ms.
Barbara Kautz and Ms. Polly Marshall are experts in the fields of condominium
conversions, inclusionary housing and redevelopment and have worked with agencies
throughout California to tailor similar programs. In order to address the Council's goals
for condominium conversion,projects Ms. Kautz and Ms. Marshall have developed an
Issues and Options Report. The purpose of the Issues and Options Report is to
provide the Council with a process to make a number of policy decisions that will be
incorporated into the condominium conversion ordinance that will provide guidance to
2
ITEM NUMBER: JT- 1
DATE: 09/26/06
staff and the public for review and recommendation of condominium conversion
_projects. The Issues and Options Report is included in Attachment 1 to this staff report.
FISCAL IMPACT:
Fiscal impact will vary depending upon the options implemented and the methods of
implementation. Staff time and resources are currently used to process project
requests, however, additional staff time may be required to administer new conversion
requirements and policies.
ALTERNATIVES:
1. The Council may direct staff to proceed with implementation of selected
options for updating and implementing the Condominium Conversion
Ordinance.-
2.
rdinance:2. The Council may direct staff not to proceed with updating the
Condominium Conversion Ordinance. In this case, Council should
provide staff with direction on how to proceed under the current Ordinance
and the General Plan policies.
3. The Council may choose to refer the item back to staff for additional •
analysis. Clear direction to staff should be provided on additional
information or policies that are desired.
CONCLUSION:
Over the last few years, staff has been receiving more and more condominium
conversion inquiries. Currently, there are two submitted applications for a total of 48
units tentatively scheduled to go before the Planning Commission on July 18', 2006.
An additional application was submitted for 96 units after the moratorium was enacted.
There have been serious inquiries for an additional project that would result in the
conversion of an additional 80 units if the property owners decide to move forward with
an application. The attached Issues and Options Report will provide information on
methods available for processing condominium conversion projects and retaining rental
housing inventory.
ATTACHMENTS:
Attachment 1: Issues and Options for Atascadero Condominium Conversion,
Goldfarb Lipman LLP
•
3
Attachment 1
Issues and Options for Condominium Conversions
Goldfarb Lipman,Attorneys
ISSUES AND OPTIONS FOR ATASCADERO
CONDOMINIUM CONVERSION ORDINANCE
Issue:
In the past few months, the City of Atascadero has received an increasing number of
applications and inquiries from apartment owners interested in converting their rental
units into for-sale condominiums. The issue was presented to the City Council on
September 9, 2005, and the Council expressed interest in exploring ways to control the
rate of condominium conversions. The purpose of this meeting is for the Council to
review and consider possible modifications to the City's existing Subdivision Ordinance
relating to condominium conversions.
Background:
Typically during times when housing prices have been disproportionately high in relation
to rents, there has been an interest by individual property owners in converting existing
rental units to ownership housing. This appears to be the current situation in
Atascadero and throughout San Luis Obispo County: median sales prices in the County
have increased dramatically and now exceed $600,000, while rental rates have
remained relatively stable. Consequently, apartment owners may be able to maximize
their properties' value by converting apartment buildings to condominiums.
The present economic situation is reflected in an increased number of condominium
conversion applications in Atascadero. Applications have already been made for the
conversion of 60 rentals to condominiums, and inquiries have been made about the
conversion of an additional 200 units. If all of these apartments were to be converted to
condominiums, this would represent the loss of over 12 percent of the 2,100 rental units
in the City. Other San Luis Obispo County communities have experienced the same
increase in applications for conversions. As one response, the County Planning
Commission will consider amendments to the County's condominium conversion
ordinance on June 2, 2006.
The City's primary concern with the loss of rental housing is the loss of an affordable
housing stock. A stable supply of reasonably priced rental housing is essential to many
service-oriented sectors of the local economy. Apartments converted to condominiums
usually offer some of the lowest cost ownership housing. Nonetheless, total ownership
costs are nearly always significantly higher than rental costs, and even tenants who can
afford increased monthly payments may not have sufficient savings for a down payment
and closing costs. Hence, condominium conversions nearly always result in decreased
housing affordability.
4
The California courts have given cities a great deal of discretion to control condominium
conversions, especially through a use permit process. In 1985, the California Supreme
Court upheld the ability of cities to require use permits for condominium conversions
(Griffin Devel. Co. v. City of Oxnard, 39 Cal. 3d 256 (1985)). More recently, the
California Court of Appeal agreed that a city could require a use permit for a conversion
even after the owner had recorded a final subdivision map unless the owner had also
maintained a valid "public report" from the Department of Real Estate at all times (City
of West Hollywood v. 1112 Investment Co., 105 Cal. App. 4th 1134 (2003)). The effect
of these decisions is to enable the City to adopt reasonable policies to limit
condominium conversions.
Existing City Policies and Subdivision Map Act Requirements
The City's Housing Element recognizes the importance of rental housing to the City and
provides:
"Goal HOS 3: Ensure that an adequate amount of rental housing exists."
"Policy 3.1: Ensure that the proportion of low and moderate housing is not
significantly reduced."
The City's Subdivision Ordinance was amended in 2000 to include certain controls on
condominium conversions. These provide primarily for notification to tenants, public
hearings, and property improvement standards for buildings to be converted. However,
the Subdivision Ordinance does not control the rate of conversions nor include
provisions to preserve affordable rental housing.
Policy Options
Below is a brief discussion of policy options for review by the Council. The attached
"Issues and Options Table" provides more detail regarding provisions in other
condominium conversion ordinances. It also provides more detail about the advantages
and disadvantages of each approach.
A. Reduction in the Rate or Number of Condominium Conversions
At the Council's March 14, 2006 meeting, Councilmembers expressed interest in
controlling the rate of condominium conversions in Atascadero. The primary
mechanisms used by cities are these:
1. Placing an annual limit on the number of apartment units that may convert
to condominiums.
Given the relatively small number of rental units in Atascadero, the City
would need to establish a fairly low annual quota if it did not want to risk
losing its entire stock of rental units. For instance, a quota of 100 units/year
would enable the entire rental stock to convert to condominiums over a 20-
5
year period. Even with a low quota, this approach has the disadvantage of
permitting a continuing loss of rental housing in the City.
2. Allowing conversions only when the vacancy rate reaches a certain
percentage, usually 5%. At the Council's March study session, several
members of the public expressed particular interest in this approach
because it is the most market-based.
A potential difficulty with this option is that, should the vacancy rate increase
to 5%, a large percentage of the rental properties in the City could convert
in a small amount of time. The Council might therefore want to combine this
approach with an annual limit on the number of conversions.
3. Requiring that multifamily rentals constitute a fixed percentage of the
housing supply, or allowing conversions only when new multifamily rental
housing is constructed. This is the approach now used by the City of San
Luis Obispo and proposed to be used by the County. San Luis Obispo now
permits conversions for half the number of new multifamily units
constructed.
This approach ensures that the number of rental units in the City steadily
increases. However, it tends to increase rents because conversions
typically occur in older buildings with lower rents, while newly constructed
apartments normally have higher rents.
4. Permitting conversions in only certain types of buildings. For example, the
City of Dublin allows only buildings with fewer than 21 units to convert to
condominiums.
To decide if this might be an appropriate approach, the City would need to
inventory its rental housing stock to determine a reasonable cutoff point.
After the Council determines which approach it prefers, we will prepare an
ordinance that includes those provisions.
B. Inclusionary Requirement or Retention of Existing Affordability
At the March 14, 2006 study session, the Council was also interested in
examining ways to preserve the existing affordable housing stock even in the
event that conversions were permitted. Some options are:
1. Require converted units to conform to current inclusionary ordinances or
policies established for new construction, or require an even higher
percentage of affordable units in converted buildings.
2. Require that the proportion of affordable units remain the same before and
after the conversion, or allow existing lower or moderate income tenants to
purchase their unit at an affordable price.
6
San Luis Obispo County is proposing to require that any "existing, legally
established affordable housing" in a converted building be retained at the
same level of affordability.
Since in this case the City's goal is to keep existing affordable units, if the City
chooses to retain affordable units, it may be most appropriate for the City to limit
the resale price of these condominiums to ensure that they always remain
affordable.
Again, once the Council determines which approach it prefers, we will prepare an
ordinance that includes specific provisions.
C. Protections for Existing Tenants
Some of the most common additional protections include these:
1. Tenant Relocation Plans/Moving Expenses. It is relatively common for
ordinances to require the payment of two to three months rent as a
relocation payment. San Luis Obispo County, for instance, proposes to
require a payment of two months' rent.
2. Ordinances may also require the subdivider to prepare a tenant relocation
plan for existing tenants. The plans are similar to those required when a
public agency relocates a tenant. The plan includes benchmark dates and
options for existing tenants to help them make informed decisions on
whether to stay and what to expect should they be relocated.
3. Protections for the Elderly and Disabled and Children Attending School
Some jurisdictions require lifetime leases or otherwise extend leases for
existing tenants who are disabled or elderly (over the age of 62).
4. Households with school age children are often allowed to remain as tenants
until the end of the school year so that children are not forced to change
schools during the middle of a school year.
5. Additional Limits on Rent Increases Pending Conversion. Atascadero now
does not permit the subdivider to raise rents for 180 days after the tenant is
given notice of the conversion. Some communities extend this period to 12
months.
6. Additional Notices to Tenants. Cities commonly require converters to
provide existing tenants with staff reports, summaries of tenant benefits,
and additional notice of public hearings. Atascadero's existing ordinance
contains similar provisions, although it may want to consolidate these
requirements. The proposed San Luis Obispo County ordinance, for
example, requires a detailed "Tenant Information Package" explaining not
7
only the conversion process, but also the condition of the building and the
impact of the conversion on existing tenants.
D. Development Standards
Atascadero's current ordinance imposes physical conditions on condominium
conversions and requires a detailed Property Condition Report. The ordinance
already includes the physical requirements most commonly imposed in other
cities' conversion ordinances.
Some additional physical requirements that the City may want to consider
include:
• Common open space.
• Common recreation facilities.
• On-site lighting systems.
• One-hour fire protection.
• Disabled accessibility.
• Compliance with current building codes.
E. CC & R Requirements
Atascadero's ordinance already imposes certain standards on CC & Rs for
condominium conversions and requires a copy of the CC & Rs as part of the
tentative map application. The attached table lists several additional provisions
included in other cities' ordinances.
F. Process
We would recommend that the City require a use permit for condominium
conversions and consolidate the requirements in the City's zoning ordinance.
Under the court decisions referenced earlier, requiring a use permit will give the
City the maximum ability to regulate condominium conversions.
Conclusion
Of these policy options, those that would be most likely to retain affordable rental
housing are the possible limitations on the rate of conversions and additional
inclusionary requirements. The Council should review the options and indicate which
should be included in an amended condominium conversion ordinance. Following the
receipt of policy direction from the Council, we will prepare a draft ordinance for the
Council's review.
8
•
d
U
° c
co
uj
O •E O O
C CL O
Q
u) .2 0
° c �n �
0 aU > a �
_
co
U ZQ
Z w N cn a) vi
c cuwE
°c)•� � � � �c o2ca -a :3
L
Fn C: cn 5a) > 0ca : c � c � t
1i o V a) O � O a) CO V N CP
y c o >. >' U O a) O "a N cn � O a)
Z o ma > ELQxcc � � � � ca � a) oco
O V Q 0 W i L 76 O c°n E o : O E * fl (a a)
O o L c Cl) a) N o v c c _O co a) -a >. +.
v W C N a) O O Q ) U >+ ca Y O E �=
•
0 3 c cu 3: E = 0 c � +. w ca E c
O P O O r Q O i U N ► co a) E a) ° U
Co
�j • y --p ca `� C c = c N ca -0 N CISa U
G� as O O ca O O a) ».• o U _ a) _ O A a) CO
ftAlft • '3 `� c C `� c W N 4- -0 cn a) O N c
� •5E � Eaa)ca 0 0c � m coaCO ch a) coCZ
0 p .0 ca w .� E o 3wc a) � w � CC a 2 � > E 3
O '
^'
OW 0C 0
a) a)
_ co
CL U) O CU a) E if ) �• O O `
>� W .9 A E ca Cl) o � U L c
.o cz E aj, c o � r o � Q ° U
0 a oX ° o > 3 a) Oca a) ns CD
IL m
a p a � 0 c c � c cn c (1) "F5- cn `= v)'-- c>i � °
• oT U 'o o c0) :3 c c cU CL Q' o c E
0 V
• c ca ca N O E a) a) c O " � O a C � O
O 0 ca a) "a >+ E > a) a) c U c > c �_
>+ L c �. a) a) c >+ N Q >+ ca U N
cn
oa) m a) 0 vEam v >,•cn0 . ch a)
ctso caca _ o c�
C4 • Q. aoiQ ° a) aci ca ECJ o cu
m �c
O Q > co - � p ° .J . c U > � ° .
i1 cU) NJJ- N = E U }� co O a) "� o
U .� m (n � N O ca M E U U UCO
v+
� C d
N c O
• O O •M
• fyJ1 o O d ro c a)
• • 'O O 0 V
r O O O a O .L
9 •
•
v
E0� ° O
O 3 a E p O D U a) p4) r C
VE � caU = 3FoU ° " cco
c
+a = i O .0 �.° O 0 p o j >
n N i
a0QL0 000 -CO =
Ua
> �'=
Fc-0
CCoE � N
i 0 Oa O + p
UU= •_ _
C E U C U
a) i
++
caC N -C
i i i O N U) CL �N i M co C
L
°
co a ,_c � U 3 cod g �
O C a) O t� U
C ja C C a) C N N a) co L a) 2O
O � E > a) x E 0) " Z '(Z E a, �
V ° a) a a) a "a Ca U cpn c i
cz ca
0 a) p Q � E a) � c O � ca a) O >
• W co +• O 0 V "O p —z- x
3 Q C a) COca ?� cz 0 Q- p)-o +. O a) co a)co E 0
• N O as
3 N O O O i co ++ co i +-� C U
• ++ (C .� CZ v- O i N i i i U •�
ca
� � � o EOc) E o � cn _ i
3 = � O NcCO a _Ca V)i = .r >' 0 > N '= E
O ca O in Q "O H cr W c E v W � cn
C a) .� a) Y c
�cu —— +`r co co Co CZ +r a) J C td
a 'p 0)= c + "O i (n ca fz O p E
0.O o +, =3 U a) � +- +0 — +., 3 - � i
r (n
V ° cin 0) CO 0 0 ca Q cin a) co O 0 O p
O i co N ? C cn C i i () U � p C tC 'O
i �. E Ln .- C — Q) O — U U U
i i 0 p 0 Q C o O > "� .Q cD i 0O 0
c > Ca c ° c°n WcoDo �' L �°
p c E ° CD•- d ° — O 0 c E cc c
CL cn � "� � > > � � � } i � Q. (a ice- O C �
oa) i T ca) 'E co -0 -0 3 c
Q - p U « O p Y C p c c6 N -p •i c
cn 0 >, u) a0) o -cc$ a) cO 'C a) = O E m a) +r p
• O J '5 — ° i a) i a) U pC OCa
ca cr
> i + c i > a ° i O
CL cr c W
IL =3 :3 m CoaQioc cIt0cco co �ic0 rid
Ln .-- -0 -0 H 6 E i 0 C r. (d N U cn �
d Cc O O �=
• c E _
• N N 0 d; t/)
O x
c L
� ccyy 3 �M W O
Q = O O Q
10
d
v
c
E c
•E O
ai .°a o
Q O `
V >
c
O
U
0
o •c0 oca
3: o
O O cz U CO '>
0
o O
N n m o �` E E
_ cu E o - z � CZ 0
O ocn ca cca D-
o V c -2O
CD
CO CD'• c c
Ooao c
co> n
0 N N p ca a)
Cc$L � XO N a)E
j
• N O 0 N � C -0 -0 U)
+' c ( .O •� = C w
cnTczE of CT C:
a)
O > N c crs a) o
Z c>s � U +..
W 0) a) _0
C O O O a) �''C Co ,� ca ca O
O ca J ca Q' O p) c L > a) c
N o .. N .. crs s7 cn E N c p i O c � �-
Q. E c,s a) " Co er O p O U �+ > +, O E O O - O
� Ep "O O E 5 , (Dca
- O O U Q � 0 O CO
" O '~ O O O
v occOnE � � � CD aa)) " � -0 ,o -aa) U) aai � � E
O � 3 ) 0 cO v) : ^ a � Et coocz
a cis o '" - } -p � c c O N 0 c U a c
coin- c
�- ca)ooE c pz- Np ) o ca C;) o a)
cs E -2cn
a
CL a) � � � .� m m C: a) o .5;
O o CO 5 c)�
`oma L-o � ,� ;r -0 o a : cp) CL E E 'er a)
co � �op Oa) NN N C a > -Se
• Q' cz -0 w E ca .0fZ (D a) Q Ap * Q c .4-• c c � � a � L �
RS U pcn
O O a) a) cn .N
JZ > o U 'L o c om o � U -C c X-Q cz c aim c - U
CO ca .� sz .� c>s cu O c O ori .� tY ,- w a cis o 3
W c
N •x
:a +. W c
a < IL F-
11
0
c a� � Q ' o oz°O � 0
-a • p S°aac cr
-0�o F - oo
Oc j
� � c_ > nCOoo
Q cn a)
CZ
cc+-' = L r U O N Q+. r N � 0
Q (� L 00 } Y E >+ cc$ N N O C -0 N cu .0 U
� O O U _ U
0 C N 0 N Co O " "O U O U E ca O O
C N O ++
U I— -0 ca +. O O (A O .- U Q E
N
C
N
L ca
'a U
co
•y
C �
O
V U
O ca }
•+ 0U
• W O Q
• N W
i W " O
Ci
N O
Da
W O CNp GV "-'
CL ° � � o E > c (D � o _0 +. � CO Co a
O U O ' C "O — C C -I'd O N O
p O O CA U ca (A U cz cz N O c� N U L ca
c
Q- N N O 'O EO = C ( N r Q U CO co
*r
cn
L 0 co W O 0 .L "� Y j ca 0a) ca N N a) O .0 cncz
co
`� cn c m � O o CO S cn
�- - O N 0) U) O CO L ° .co U
• a 0 � _° U O c -0 0 — � 0 ° 0 c m ° m o � z , co
-0 oU � EU) 3 � cnOc � � W oocO >1 co.r- a)i
o w E m 0 � J � - o 0 m 0 o � >, n Fn a) c'� ° o
° _ z
` 0 0- (D � JQ - vQ 0 ca a�°i C0i nQ c °o E > Z � � � � cQ
a O CL U tCS m ., U U J O i Q Q co
CO
Q N 0 cz C) 0 O_-a m cis cn eo U cu O — d
d
• W
W
•
12
d O
o to
to co
C
E
Qd •V—
;0ayC
O ca
O O
(DC 0
OC
>U
E
N V O aiO)
a)
cc E O -O .
V O N CU ° cr
C N
a) _ E M
O V CO O Oa E
OL C a U N N N3d co
v Q o .S 0 -0 E .�
L
a
W
C
O
U
0
y
d
• fU)
O
w0i�
C Q
U
O a) L E p+ OL O- aC ' o CD
co
C. Co"E E
o Z- o
Q U-
c CD L-
C U
V M •G a ,� C a) co �, 0) 0) aY
• a C cz U co C C a
a o a o o �n .. ° =a
•• •d :.
N ,y " aO cc v .
CoCD
a) �
O c = c O my O a
ca o
OO O ° o ai CZ cu � cO a)
O E Oco
cN U an�
0 U
y U Z a� o �(A I- ui c a`) a) �' : N a) w E Z
00 Z Q U c � Oo � � a � C: cm
• O Q to W r CV C M O Y U U 0 CC) I� C o6 N
ca ca c�
d � U .� �+�-. Q N � C Q a c a
G
O
• E
• N O
— r
• aoin a
13
d
c
ca
E c �
�-- O
C L a) C:
E O a) -0 O
eNa � 00
++ C iE .Q
a U > oC OC = ca
C aif o2f E O_
UUUv) E
L
13
N
O
U
O
4r
co
0)
3
• N
N
0
c a) o O
g m �, ?= in
CL o aEi � o 3
O cu n� O_ o Ca u,
n. o cco 03 c
— CL p a) O a) �° E _o c U
• LO comic p o ° � c a) a) o �
v � c 0 CD pp o = � co
o a) 0 a-0 c aai �
a COco Ca
a� c� cn p CO
x coa•— cicz � .. p � E � �
RS 0 '= C U O .co -a5 E a) p
• CL
0 a) U O (6 N .c O Q O O ca
a` o ro a c Ccs � � Ea0 z
w _
Q r - N 0- cM O U 2 cn U
N
C
d a)
• N cr
cid
U ami
U OC
14