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Agenda Packet 01/25/2005
mi AiA A �9g 9 CITY OF A TASCADERO CITY COUNCIL AGENDA Tuesday, January 25, 2005 7:00 P.M. Atascadero Lake Pavilion 9315 Pismo St. Atascadero, California JOINT CITY COUNCIL/PLANNING COMMISSION STUDY SESSION: 5:00 P.M. REDEVELOPMENT AGENCY: 6:30 P.M. CLOSED SESSION: (Immediately following Redevelopment Agency Meeting) 1. PUBLIC COMMENT— CLOSED SESSION 2. CALL TO ORDER a. Conference with labor negotiator (Govt. Code Sec. 54957.6) Agency Negotiators: City Manager, Assistant City Manager Employee Organizations: Department Heads, Mid Management/Professional, Confidential, Atascadero Police Association, Atascadero Fire Fighters Bargaining Unit, Service Employees Intl. Union Local 620. 3. ADJOURN 4. CLOSED SESSION REPORT • REGULAR SESSION: 7:00 P.M. PLEDGE OF ALLEGIANCE: Mayor Pro Tem O'Malley 1 ROLL CALL: Mayor Scalise Mayor Pro Tem O'Malley Council Member Clay Council Member Luna Council Member Pacas 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 and address 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.) A. CONSENT CALENDAR: (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Council or public wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the consent calendar and will be considered in the listed sequence with an opportunity for any member of the public to address the Council concerning the item before action is taken.) 1. City Council Meeting Minutes — December 14, 2004 ■ City Clerk Recommendation: Council approve the City Council meeting minutes of December 14, 2004. [City Clerk] 2. Manhole Replacement Project • Fiscal Impact: Up to $67,000.00 in Wastewater Fund monies. ■ Recommendations: Council: 1. Authorize the City Manager to execute a contract with Raminha Construction in the amount of $55,598.00 for the replacement of four deteriorated sewer manholes. 2. Authorize the Director of Administrative Services to appropriate an additional $67,000.00 in Wastewater Funds toward the • completion of the Manhole Replacement Project. [Public Works] 2 3. Single Family Planned Development Zone Chane 2004-0078 (5310 Carrizo Rd./Griffin) ® 0 Fiscal Impact: The project is conditioned to fund all of its tract maintenance costs and contribute to the funding of emergency services. As conditioned, the project is projected to be revenue neutral to the City. ■ Recommendation: Council adopt on second reading, by title only draft Ordinance A approving Zone Change 2004-0078 based on findings. [Community Development] 4. Final Map 2004-0069 (Tract 2525-1) Halcon Road (TTM 2003-0027) (R.W. Hertel and Sons) ■ Fiscal Impact: None. ■ Recommendations: Council 1. Accept Final Parcel Map 2004-0069 (Tract 2525-1); and 2. Reject, without prejudice to future acceptance: a. The offer of dedication for Right-of-Way for all streets and highways shown on map; and b. The offer of dedication for Easements for Public Service, Storm Drainage, and Sanitary Sewer; and c. The offer of dedication for Easement for Access and Utilities (Strip 21, shown on map). 3. Authorize City Manager to execute Subdivision Improvement Agreement; and ® 4. Authorize City Manager to sign Agreements to Provide housing Units for Persons and Family of Low Income; and 5. Authorize City Manager to sign Subdivision Annexation and Assessment and Parcel Tax Authorization Deferral Agreement; and 6. Authorize Public Works Director to sign Slope Easement Agreement; and 7. Authorize Public Works Director to sign Sanitary Sewer Easement. [Public Works] B. PUBLIC HEARINGS: 1. Appeal 2004-0004 of Tree Removal Permit TRP 2004-0054(4110 Traffic Way: Fkiaras) • Fiscal Impact: None. ■ Recommendation: Council uphold the Planning Commission decision approving tree removal permit 2004-0054, a request to remove eight native oak trees with the revised Separado Avenue site plan that results in saving tree #21, subject to the guidelines and mitigation requirements of the Atascadero Native Tree Ordinance by adopting Draft Resolution A. [Community Development] 3 C. MANAGEMENT REPORTS: 1. Interim Urgency Or g v durance Establishing a Moratorium on Medical Marijuana Dispensaries ■ Fiscal Impact: None. ■ Recommendation: Council adopt the draft interim urgency Ordinance (Attachment A) establishing a moratorium on medical marijuana dispensaries. [Police Department] D. COMMITTEE & LIAISON 'REPORTS: (The following represent standing committees.- Informative status reports will be given, as felt necessary): Mayor Scalise 1. County Mayor's Round Table 2. Atascadero State Hospital Advisory Board 3. Local Agency Formation Commissions (LAFCO) Mayor Pro Tem O'Malley 1. Finance Committee 2. Air Pollution Control District (APCD) 3. Economic Vitality Corporation, Board of Directors (EVC) 4. League of California Cities— Grassroots Network 5. City/Schools Committee 6. Economic Opportunity Commission (EOC) Council Member Clay 1. S.L.O. County Flood. Control &Water Conservation District Water Resources Advisory Committee 2. Nacimiento Water Purveyors Contract Technical Advisory Group 3. North County Water Purveyors Group Council Member Luna 1. SLO Council of Governments (SLOCOG) / S.L.O. Regional Transit Authority (SLORTA) 2. Finance Committee Council Member Pacas 1. Integrated Waste Management Authority (IWMA) 2. City / Schools Committee 3. Atascadero Youth Task Force 4 E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager F. ADJOURNMENT: Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this public hearing will be distributed to the Council and available for review in the City Clerk's office. I, Shannon Sims, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the January 25,2005 Regular Session of the Atascadero City Council was posted on January 19th, 2005 at the Atascadero City Hall Annex, 6905 EI Camino Real, Suite 6, Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location. Signed this 19th day of January, 2005 at Atascadero, California. awmm / ' & ' Shannon Sims, Deputy City Clerk City of Atascadero • 5 City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING The City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m., at the* Atascadero Pavilion on the Lake, 9315 Pismo St., 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 Annex 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) 461-5000. 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 anyway`. • 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 fora 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 AN AGENDA All business matters to appear on the Agenda must be in the Office of the City Manager 14 days preceding the Council meeting. Should you have a matter you wish to bring before the Council, please mail or bring a written communication to the City Manager's office in City Hall prior to the deadline. 6 ITEM NUMBER: A- 1 DATE: 1/25/04 . ■■, ■ ■ r CITY OF ATASCA DERO CITY COUNCIL DRAFT MINUTES Tuesday,"December 14, 2004 7:00 P.M. CLOSED SESSION: (Immediately following Redevelopment Agency Meeting) 1. PUBLICCOMMENT- CLOSED SESSION None 2. CALL TO ORDER a. Conference with legal counsel — .Existing Litigation (Govt. Code Sec. 54956.9 (a)) 1. City of Atascadero v. Dorsey e 2. City of Atascadero v. Borg b. Personnel: City Attorney (Government Code 54957) 3. ADJOURN 4. CLOSED SESSION REPORT Interim City Attorney Tom Gibson announced that no reportable action was taken on Item #2.a. City Manager Wade McKinney announced that no reportable action was taken on Item #2.b. REGULAR SESSION: 7:00 P.M. Mayor Luna called the meeting to order at 7:05 p.m. and Council Member Pacas led the Pledge of Allegiance. CC Draft Minutes 12/14/04 Page 1 of 10 7 ROLL CALL: Present: - Council Members Clay, Pacas, Scalise and Mayor Luna Absent: Council Member O'Malley Others Present: City Clerk / Assistant to City Manager Marcia McClure-Torgerson and Deputy City Clerk Grace Pucci Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis, Administrative Services Director Rachelle Rickard, Community pevelopment.Director Warren Frace, Public Works Director Steve -Kahn, Community Services Director Brady Cherry, Police Chief John Couch, Fire Chief Kurt Stone, Deputy Public Works Director Geoff English, Redevelopment Specialist Marty Tracey and Interim City Attorney Tom Gibson. COMMUNITY FORUM: Pastor Haynes, True Spirit Missionary Baptist Church, led those present in prayer. Cindy Sazar, Allemande Lane resident, expressed concern regarding the removal of several old growth pine trees in her neighborhood. Jackie Davis, Allemande Lane resident, would like to have her trees back for privacy. Esteban Andrade, Allemande Lane resident, requested the City to come up with an alternative to the removal of the trees. Fire Chief Kurt Stone gave some background information on the tree removals. There was Council consensus to bring this issue back, with a staff report, on a future agenda Jim Patterson, Atascadero Mutual Water Company, announced that Atascadero has been named a Groundwater Guardian Community again this year and stated the Woodlands and Watershed Calendar is now available. Daphne Fahsing thanked Council and the Road Department for paving the remainder of Portola Road and asked if a ridge at the end of Portola could be fixed. Public Works Director Steve Kahn addressed Ms. Fahsing's question. Bob Pittenger, President Atascadero Babe Ruth, introduced himself to the Council and discussed the plans for improvements to Alvord Field. CC Draft Minutes 12/14/04 Page 2 of 10 8 Karen Vega spoke of her concerns regarding a property under construction on El Camino Real. Susan Warren, North County Connection, updated the Council on available community- based ommunitybased services by distributing a SAMHSA newsletter. (Exhibit A) Mayor Luna closed the Community Forum period. APPROVAL OF AGENDA: MOTION: By Council Member Pacas and seconded by Council Member Clay to approve the agenda. Motion passed 4:0 by a roll-call vote. PRESENTATIONS: 1. Proclamation commending Atascadero Native Tree Association (ANTA) for outstanding service Mayor Luna read the proclamation and presented it to Joan O'Keefe, President of ANTA. Mrs. O'Keefe thanked the City for the recognition, and spoke about differences in landscaping for the Pavilion and Colony House. 2.;Loaves & Fishes 20th Anniversary Grigger Jones, President of Atascadero Loaves and Fishes, thanked the Council, staff and community volunteers for all they have done to help the organization. 3. Robert"Gri99er9 " Jones—Planning CommissionService Award Mayor Pro Tem Scalise presented Mr. Jones with the Award and thanked him for his service to the City. ELECTION CERTIFICATION: 1. Reciting the Fact of the General Municipal Election - November 2. 2004 ■ City.Clerk recommendation: Council adopt draft Resolution, reciting the fact of the General Municipal Election held on November 2, 2004, declaring the result and such other matters as provided by law. [City Clerk] • CC Draft Minutes 12/14/04 Page 3 of 10 9 MOTION: By Council Member Clay and seconded by Council Member Pacas to adopt the draft Resolution, reciting the fact of the General Municipal Election held on November 2, 2004, declaring the result and such other matters as provided by law. Motion passed 4:0 by a roll-call vote. (Resolution No 2004-091) OATHS OF OFFICE: 1. Administration of Oaths of Office Newly-elected Council Members George Luna, Wendy Scalise, and Jerry Clay, will be sworn in by City Clerk Marcia McClure Torgerson. City' Clerk Marcia .McClure` Torgerson administered the Oath of Office to Council Members Luna, Scalise and Clay. CITY COUNCIL REORGANIZATION: 1. Council Appointment of Mayor - The City Clerk will accept nominations from the Council Members MOTION: By Mayor ,Luna and seconded by Council Member Pacas to nominate Mayor Pro Tem Scalise to the position of Mayor. Motion passed 4:0 by a voice vote. 2. Council Appointment of Mayor Pro Tem — The new Mayor will accept nominations from the Council Members MOTION: By Council Member Clay and seconded by Council Member Luna to nominate Council Member O'Malley to the position of Mayor Pro Tem. Motion passed 4:0 by a voice vote. Mayor Scalise recessed the hearing at 7:46 p.m. Mayor Scalise called the meeting back to order at 8:02 p.m. Mayor Scalise thanked Council Member Luna for his service as Mayor over the past year and spoke about her commitment to the community and challenges the City will face in the year ahead. CC Draft Minutes 12/14/04 Page 4 of 10 10 COUNCIL ANNOUNCEMENTS AND REPORTS: Council Member Luna thanked Council, staff, employees and citizens for the year he had serving as Mayor and for the last election and the vote of confidence by the citizens of Atascadero. Council Member Clay spoke about a card he had received from Mrs. Hurd thanking him and Council Members Luna and O'Malley for their help in placing a dumpster on her property. Council Member Clay also spoke about the Babe Ruth field. Mayor Scalise thanked Steve Martin and Paula Anton for their efforts in organizing the Winter Wonderland. Mayor Scalise also spoke about efforts to clean up medians along Highway 101. A. CONSENT CALENDAR: 1. City Council Meeting Minutes- November 9, 2004 ■ City Clerk Recommendation: Council approve the City Council meeting minutes of November 9, 2004. [City Clerk] 2. October 2004 Treasurer's Report • Fiscal Impact: None. Recommendation: Council approve the City Treasurer's report for October 2004.[City Treasurer] 3. October 2004 Accounts Payable and Payroll ■ Fiscal Impact: Total expenditures for all funds is $1,711,246.13. • Recommendation: Council approve certified City accounts payable, payroll and .payroll vendor checks for October 2004. [Administrative Services] 4. City Council 2005 Meeting Schedule ■ Fiscal Impact: None. ■ Recommendation: Council approve"City Council 2005 Meeting Schedule. [City Manager] MOTION: By Council Member Luna and seconded by Council Member Pacas to approve Items #A-1, 2, 3 and 4. Motion passed 4:0 by a voice vote. CC Draft Minutes 12/14/04 Page 5 of 10 11 B. MANAGEMENT REPORTS: 1. Recreation Center Site Selection ■ Fiscal Impact: Will be determined once FEMA and grant monies are set. ■ Recommendations: Council: 1. Approve the selection of the Traffic Way/Hay& Feed/City Corporation Yard site for development of the Recreation Center building. 2. Direct the City Manager to proceed with the development a Youth/Community Center building and site plan for the Traffic Way location. 3. Direct the City Manager to prepare a plan for,the relocation of the Corporation Yard and the removal of unnecessary waste water related facilities. [Community Services] Community Services Director Brady Cherry gave the staff report and answered questions of Council. Council Member Pacas gave a PowerPoint presentation with handout on the Lake Park Site as the preferred location for the Youth Center. (Exhibits A and B) PUBLIC COMMENT Eric Greening spoke in support of the staff recommendation and suggested adding the wording, "and associated facilities" at the end of the first recommendation. Mr. Greening raised several concerns regarding FEMA funding. Barbara Combs stated her agreement with the Lake Park site for safety reasons. Ellen Beraud stated she has many signatures in favor of the Lake Park site and cited traffic, visibility and access as negative issues'for the Traffic Way site, Bob Pittenger indicated the Lake Park is a treasure and Council must be careful on how much more is placed on site. Rick Mathews, Parks and Recreation Commissioner, stated he favors the combo site and outlined his reasons for this choice. Lou Coppo spoke in favor of the Traffic Way site and indicated the Lake site was not as safe as presented. John Nielsen presented his vision for the proposed Youth Center. Barbie Butz, Parks and Recreation Commissioner, spoke in favor of the Traffic Way site. CC Draft Minutes 12/14/04 Page 6 of 10 12 Susan Warren stated that the youth involved in the,planning process have said,they want to be downtown, and she favors the combo site. Mayor Scalise closed the Public Comment period. Council Member Pacas reiterated her support of the Lake Park site. MOTION: By Council Member Luna and seconded by Council Member Clay to approve the selection of the Traffic Way/Hay & Feed/City Corporation Yard site for development of the Recreation Center building and associated facilities, and direct the City Manager to proceed with the development of a Youth/Community Center building and site plan for the Traffic Way location, and direct the City Manager to prepare a plan for the relocation of the Corporation Yard and the removal of unnecessary waste water related facilities. Motion passed 31 by a roll-call vote. (Pacas opposed) 2. Solar Energy System Permit (4515 Rosita Ave./Borm) ■ Fiscal Impact: None. ■ Recommendation: Council give staff direction. [Community Development] Community Development Director Warren Frace gave the staff report and answered questions of Council. PUBLIC COMMENT Gary Borm, applicant, spoke abouthis efforts to mitigate the problem and answered questions of Council. Dennis Broders spoke about his concerns with the solar energy system. Eva Esparsa stated her concern with impacts to the neighborhood from this system. Dennis Broders spoke about the trucking business Mr. Borm has brought to the neighborhood. Mayor Scalise closed the Public Comment period. Mayor Scalise recessed the hearing at 10:18 p.m. Mayor Scalise called the meeting back to order at 10:25 p.m. CC Draft Minutes 12/14/04 Page 7 of 10 13 3. Review of Assessment Districts and Special Taxes ■ Fiscal Impact: $20,000 from the General Fund Reserve and Tree Replacement fund. • Recommendations: Council: 1. Appropriate $20,000 from the General Fund Reserveand Tree Replacement Fund, direct_staff to; hire consultants to perform an initial study of a citywide assessment district or special tax, carry out polling to determine levels of support, and if necessary conduct community workshops and, 2. Direct staff to report findings regarding assessment districts and special taxes to the City Council at afuture date. [City Manager] Assistant City Manager Jim Lewis gave the staff report and with Jim Maguire of Muni Financial answered questions of Council PUBLIC COMMENT Jim Patterson, ANTA member, expressed his concerns with using tree mitigation funds for the study. Joan O'Keefe agreed with Mr. Patterson and stated that ANTA has developed a plan to use the tree funds to mitigate the loss of native trees. Eric Greening indicated he shared the views of the previous two speakers stating he is concerned that there was no consultation with ANTA before proposing use of these funds. He urged Council to take no action tonight. MOTION: By Council Member Clay and seconded by Mayor Scalise to go past 11:00 P.M. Motion nullified 2:2 by a voice vote. (Pacas, Luna opposed) Mary Jazweicki questioned whether an assessment needs a 2/3'rd majority or simple majority. Bill White, Atascadero Professional Firefighters Association, encouraged Council to support this item. Cory Meyers, member of ANTA, requested Council to keep them in the loop for tree fund expenditures. Mayor Scalise closed the Public Comment period. Council Member Pacas stated she would like to look at the results of the original survey done six years ago before she makes a decision on this. CC Draft Minutes 12/14/04 Page 8 of 10 14 MOTION: By Council Member Clay and seconded by Council Member Pacas to continue this item until there is a full Council and additional information is available. Motion passed 4:0 by a voice vote. Mayor Scalise stepped down from the second part of this presentation as she lives on one of the streets under consideration. Assistant City Manager Lewis spoke about alternative methods to assist neighborhoods in financing improvements if they choose to make them on their own. Council Member Luna suggested staff bring this back when they bring back the first issue. Mayor Scalise rejoined the hearing. 4. Budget Calendar ■ Fiscal Impact: None. ■ Recommendation: Council set a public hearing for January 11, 2005 to hear community priorities for the 2005-2007 budget cycle. [Administrative Services] PUBLIC COMMENT— None MOTION: By Council Member Luna and seconded by Mayor Scalise to set a public hearing for January 11, 2005 to hear community priorities for the 2005-2007 budget cycle. Motion passed 4:0 by a voice vote. C. COMMITTEE REPORTS: Mayor Scalise announced the following committee assignments: County Mayor's Round Table— Mayor Scalise EOC Council Member O'Malley Integrated Waste Management Authority (IWMA) -Council Member Pacas S.L.O. Council of Govts.(SLOCOG)/S.L.O. Regional Transit Authority (SLORTA) - Council Member Luna There were no changes to the following committee assignments: Air Pollution Control District(APCD) Atascadero State Hospital Advisory Board CC Draft Minutes 12/14/04 Page 9 of 10 15 Atascadero Youth Task Force City/ Schools Committee (2) Economic Vitality Corporation, Board of Directors (EVC) Finance Committee (2) League of California Cities —Grassroots Network Local Agency Formation Commissions (LAFCO) North County Homeless Coalition Water Committees (2) D. INDIVIDUAL DETERMINATION AND/OR ACTION: City Manager City Manager Wade McKinney announced a joint City Council / Planning Commission development tour scheduled for January 6t" from noon to 5:00 p.m. Additionally, the Council's strategic plan is scheduled for January 28th and 29th. E. ADJOURNMENT: Mayor Scalise adjourned the meeting at 11:25 p.m. to the next regularly scheduled meeting of the City Council on.January 11, 2004. MEETING RECORDED-AND'MINUTES PREPARED BY: i Grace Pucci, Deputy City Clerk The following exhibits are available for review in the City Clerk's office: Exhibit A—Susan Warren,SAMHSA Newsletter Exhibit B-Council Member Pacas, PowerPoint Presentation re Youth Center Exhibit C—Council Member Pacas, handout re Youth Center CC Draft Minutes 12/14/04 Page 10 of 10 16 ITEM NUMBER: A-2 DATE: 1/25/04 i ■4 �:A . ais 1 e: A`tascadero City Council Staff Report Public Works Department Manhole Replacement Project RECOMMENDATIONS: Council: 1. Authorize the City Manager to execute a contract with Raminha Construction in the amount of $55,598.00 for the replacement of four deteriorated sewer manholes. 2. Authorize the Director of Administrative Services to appropriate an additional $67,000.00 in Wastewater Funds toward the completion of. the Manhole Replacement Project. DISCUSSION: Background: Through routine inspections, Public Works Department staff have identified four sewer manholes for immediate replacement. These four manholes have significant deterioration in the condition of the concrete barrel supporting the manhole. Analysis: The deteriorated condition of the concrete barrels may lead to potential collapse. Immediate replacement is recommended. The project consists of the removal the existing manholes, construction of four new manholes and all related street repairs and traffic controls. The project was advertised from November 29, 2004 through December 16, 2004. Three bids were received. Bids were reviewed for accuracy and compliance with City of Atascadero procurement policy requirements and Raminha Construction was found to be the successful low-bidder, with a proposal of $55,598.00. EXPENDITURES Construction Contract- $55,598 20% Contingency $1.1 ,402 TOTAL ESTIMATED EXPENDITURE: $67,000 17 Conclusion: Raminha Construction is the successful low-bidder and is qualified and prepared to complete the Manhole Replacement Project. In order to move forward with completion of the project, $67,000.00 in Wastewater Reserve Funds will be required. Staff recommends that the City Council award the project to the Raminha Construction, authorize the City Manager to enter into an agreement with Raminha Construction for the construction of Manhole Replacement Project and authorize the Administrative Services Director to appropriate $67,000.00 in Wastewater Reserve Funds toward completion of the project. FISCAL IMPACT: Approval of this agreement will result in the expenditure of up to $67,000.00 in Wastewater Fund monies for the Manhole Replacement Project. ATTACHMENTS: Attachment#1 Bid Summary 18 co m o o m m( no ccq o CR Jm N 0) LO mr CO N O _ uj U W Cn0 (q rl O Lo Cn0 000 ((O r W W. V W W. F- 6s Cl) � � r � > > z E9 a ¢ � 0 0 0 0 0 0 0 0 0 CA O CD CV CA N N O O CO N M N Cn 0 J 00 O (C 0 r 0 C`7 Cl) C) - 64 69 6s F- (L Z C O O O O O O O O _(0CO. O CO 1� N V r CO 0 Vx 09. t4 _ r W E9 64 w Q D (L z O O O O 0 N O .O O O O 0 O 'd' m CO O O O N - O COO OD N N N m 0 N 0Iq O C ¢ V ta �609 � � co L F- Efl E9 6s LO V 0.. N O O O O O 0 -0 00 m y V 0 00 Cl) 0V - 000. N O O bbD � C CO V r N CC) Et? ed W 6 69 69. a M U d Z O D a O o 0 0 0 0 0 0 O O O O O 0 007 O N 0 co C J O O O O CA �CO61 CA C ¢ V CV L6 61 r to V) (Cf O = V3 V! 69 IL N C O O O O O to O O O O I— V O O O O O CD O LU W O O O O O 61 O L C O. U) 69 if3 EPr 69 EA N E Z C U n. J J w W W U J LL UL Z U U ~ � 0 z •►+ ¢ '�Y C7 m N N �_ r r N r M Cl) m d O V t Z 10 O O co bo Z rn W 41 O @o ma CD �a W (nom N — •� c a O cp U a (co 3 - Co E c Qd a) N w � g cii U) U) o a N s C\l CD m c co L a� w c m W co o m ID LL co ~ D U C U L N O N 3 N L O V O. O O N X 0 0 ca O L cz � O d C ,d Q m F cc w U U U cn a (n ¢ co ~ O O O r N Co 0 O n 0 m U a m z 19 ITEM NUMBER: A-3 DATE: 1/25/04 ins s ia� A CAD�j Atascadero City Council Staff Report - Community Development Department Single Family Planned Development Zone Change 2004-0078 (5310 Carrizo Rd. / Griffin) RECOMMENDATION: Council adopt on second reading, by title only, draft Ordinance A approving Zone Change 2004-0078 based on findings. DISCUSSION: The proposed project consists of an application for a'Zone Change, Conditional Use Permit (CUP) and Tentative Tract Map. The Zone. Change request would establish a Planned Development #17 overlay on the site subject to.a Master Plan of Development (CUP)that would allow eleven (11) new single-family residences to be constructed and one (1) Colony Home to remain. The Tentative Tract Map would create a twelve (12) lot subdivision. On January 11, 2005, the City Council conducted a public hearing to consider establishment of a PD-17 overlay zone on the subject parcel to include a Master Plan of Development and Vesting Tentative Tract Map. FISCAL IMPACT: The project is conditioned to fund all of its tract maintenance costs and contribute to the funding of emergency services. As conditioned, the project is projected to be revenue neutral to the City. ATTACHMENTS: Draft Ordinance A - Proposed Zoning Map Change 20 ITEM NUMBER: A- 3 DATE: . 1125/04 ATTACHMENT 1: Draft Ordinance A DRAFT ORDINANCE A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, TO APPROVE ZONE CHANGE 2004-0078, AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF APN 049-101-022 FROM RSF-X (RESIDENTIAL SINGLE FAMILY-X) TO RSF-X/PD-17/HS (RESIDENTIAL SINGLE FAMILY-X WITH PLANNED DEVELOPMENT OVERLAY #17 AND HISTORIC SITE OVERLAY) (5310 Carrizo Rd./Griffin) The City Council hereby finds and declares as follows: WHEREAS, an application has been received from Scott Griffin (5310 Carrizo Rd., Atascadero, CA 93422), Applicant and Property Owner, to consider a project consisting of a zone change from RSF-X (Residential Single-Family) to RSF-X / PD-17 (Residential Single Family with Planned Development Overlay #17) with the adoption of a Master Plan of Development,and a twelve lot Tentative Tract Map on APN 049-101-022; and, WHEREAS, the site's General Plan Designation is SFR-X (Single-Family Residential - X); and, WHEREAS, the site's current zoning district is RSF-X (Residential Single-Family); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2004-0030 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, CEQA review determined that the project site contains a historic resource of local significance, requiring that a Historic Site overlay zone designation be placed over the subject parcel as mitigation to reduce potential impacts to less than significant; 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, 21 ITEM NUMBER: A-3 DATE: 1/25/04 WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on December 7, 2004, studied and considered Zone Change 2004-0078, after first studying and considering the.Proposed Mitigated Negative Declaration prepared for the project; and, WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on January 11, 2005, studied and considered Zone Change 2004-0078, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project; and, NOW THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1.Findings for Approval of a Zone Change to the Official Zoning Map of Atascadero Changing the existing site zoning to RSF-X/PD171HS. 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 ments 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 February 8, 2005, resolved to approve on second reading, an ordinance that would rezone the subject site consistent with the following: 1. Exhibit A: Zone Change Map 2. Exhibit B: Zone Change Map: Project Site 22 ITEM NUMBER: A-3 DATE: 1/25/04 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 January 11, 2005, 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: Wendy Scalise,Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Patrick L. Enright,City Attorney 23 ITEM NUMBER: A-3 DATE: 1/25/04 Exhibit A: Oficial Zoning Map Change 2004-0078(Planned Development Overlay 017) U.S. 1111 WC1 Project Iy l Site 1 ' ti 1 , tt l { � 4 ea �1 �; Existing Designations: -General Plan:Single Family Residential-X -Zoning District:Residential Single-Family—X Proposed Designations: -General Plan:Single Family Residential-X -Zoning District:Residential Single-Family—X/PD-17/HS 24 ITEM NUMBER: A-3 DATE: 1/25/04 Exhibit B: Official Zoning Map Change.2004-0078: Project Site 1 71 rawesrrrr i �� 4 — — -- i Project Site: rezone to RSF- X/PD-17 r E ..... —�.® _--_.-- —_. _... ...—,. — Lot 1:Historic 410 Overlay Zone s Existing Designations: -General Plan:Single Family Residential-X -Zoning District:Residential Single-Family—X Proposed Designations: -General Plan:Single Family Residential-X -Zoning District:Residential Single-Family—X/PD-17/HS 25 ITEM NUMBER: A-4 DATE: 1/25/04 i aee Atascadero City Council Staff Report - Public Works Department Final Map 2004-0069 (Tract 2525-1) Halcon Road (TTM 2003-0027) (R.-W. Hertel and Sons) RECOMMENDATIONS: Council: 1. Accept Final Parcel Map 2004-0069-(Tract 2525-1); and, 2. Reject, without prejudice to future acceptance: a. The offer of dedication for Right-of-Way for all streets and highways shown on map; and, b. The offer of dedication for Easements for Public Service, Storm Drainage, and Sanitary Sewer; and, c. The offer of dedication for Easement for Access and Utilities (Strip 21, shown on map). 3. Authorize City Manager to execute Subdivision Improvement Agreement; and, 4. Authorize City Manager to sign Agreements to Provide Housing Units for Persons and Family of Low Income; and, 5. Authorize City Manager to sign Subdivision Annexation and Assessment and Parcel Tax Authorization Deferral Agreement, and; 6. Authorize r' o ize Publ' is Works Director to sign Slope Easement Agreement; and p 9 , 7. Authorize Public Works Director to sign Sanitary Sewer Easement. DISCUSSION: Vesting Tentative Tract Ma 2003-0027 / Tract 2525 was approved Map d b .the City Y Council on September 23, 2003. The subdivision includes a total of 278 residential units comprised of 28 small lot single-family, 94 standard lot single- family, 21 estate lot single-family, and 135 multi-family residential units with 54.4 acres of landscaped and natural oak woodlands open space and nature trails on the overall 120-acre site. The applicant has decided to phase the map. This final map is for Phase L Tract 2525-1 Page 1 of 8 26 ITEM NUMBER: A-4 DATE: 1/25/04 The "Subdivision Annexation and Assessment and Parcel Tax Authorization Deferral Agreement" allows the project to continue development while the City works on the establishment of the Assessment District. When the Assessment District is established, staff will bring a resolution to Council for the acceptance of the various offers of dedication. The Slope Easement Agreement and the Sanitary Sewer Easement were conditions of the Vesting Tentative Map approval. The slope easement is for construction of the Santa Barbara / EI Camino Real realignment, and the Sanitary Sewer Easement is for construction and maintenance of the sanitary sewer to the Dove Creek area. Pursuant to California Government Code Section 66440 the approving legislative body (City Council) cannot deny a final map that is consistent with an approved tentative map. The legislative body is also required to accept, accept subject to improvement, or reject on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication. Staff recommends rejecting the offer of dedication for public utility easements without prejudice to future acceptance. Staff has determined that the Final Tract Map is consistent with approved Vesting Tentative Tract Map. FISCAL IMPACT: None ATTACHMENTS: Exhibit A: Final Map 2004-0069 (Tract 2525-1) Exhibit B: Subdivision Improvement Agreement Tract 2525-1 Page 2 of 8 27 ITEM NUMBER: A-4 DATE: 1/25/04 Exhibit A Final Map 2004-0069(Tract 2525-1) Halcon Road R.W. Hertel and Sons n s ,N : „!Y Mazy: E . 1 $ fit 1: r Af gyep .. s■ fie. h - yyy 1 r � S kk R- $$ — Irtah4llrgv■u 1•��- 0 * a+ r i s �' {�•� , � f r ,I ki 41, Tract 2525-1 Page 3 of 8 28 ITEM NUMBER: A-4 DATE: 1/25/04 Exhibit B Final Map 20040069(Tract 2525-1) Halcon Road R.W. Hertel and Sons FOR RECORDER USE ONLY RECORDING REQUESTED BY: City of Atascadero WHEN RECORDED MAIL TO: City Clerk City of Atascadero 6905 EI Camino Real,Suite 6 Atascadero, CA. '93422 CITY OF ATASCADERO SUBDIVISION IMPROVEMENT AGREEMENT DATE OF AGREEMENT: NAME OF SUBDIVIDER: Atascadero Ventures, LLC SUBDIVISION: Tract 2525 (Phase 1) ESTIMATED TOTAL COST OF IMPROVEMENTS: Widening of Santa Barbara, Viejo Camino and Halcon Roads $429,215.00 Palomar Sewer Improvements $799,712.00 Santa Barbara/ECR Road Realignment (Signal) Improvements $429,550.15 On Site Phase I Improvements $2,908,806.00 Pedestrian Bridge Improvements $119,210.00 Total Phase I Improvements $4,686,493.15 This Agreement made and entered into by and between the City of Atascadero, a municipal corporation of the State of California (hereinafter referred to as "City") and Atascadero Ventures. LLC (hereinafter referred to as "Subdivider"). RECITALS A. Subdivider has presented to the City Council of the City of Atascadero Tract 2525-1 for approval but not all of the improvements required or conditions imposed by Title 11, Chapter 8 Articles 3 and 4 and Chapter 10 of the Atascadero Municipal Code have been Tract 2525-1 Page 4 of 8 29 ITEM NUMBER: A-4 DATE: 1/25/04 completed or performed. B. Subdivider desires to record Tract 2525-1 after the same has been approved by the City Council of the City of Atascadero. C. The Subdivision Laws establish as a condition precedent to the approval of a parcel map that Subdivider must have either completed, in compliance with City Standards, all of the improvements and land development work required by Tract 2525-1 or have entered into a secured agreement with City to complete the improvements and land development within a period of time specified by City. D. In consideration of approval of Tract 2525-1 by the City Council, Subdivider desires to enter into this Agreement, whereby Subdivider promises to install and complete, at the Subdivider's own expense, all of the public improvement work required by City in connection with Subdivision. E. Improvement Plans for the construction, installation and completion of the improvements have been prepared by Subdivider and approved by the City ' Engineer. The Improvement Plans for Tract 2525-1 are on file in the Office of the City Engineer and are incorporated into this Agreement by this reference. All.references in this Agreement to the Improvement Plans shall include reference to any specifications for the improvements as approved by the City Engineer. F. An estimate of the cost for construction of the public improvements according to the Improvement Plans has been made and has been approved by the City Engineer. The Estimated Total Cost of Improvements is stated on Page 1 of this Agreement. The basis for the estimate is on file with the City of Atascadero. G. Subdivider recognizes that by approval of Tract 2525-1, City has conferred substantial rights upon Subdivider, including the right to sell, lease, or finance lots within the subdivision, and has taken the final act necessary to construct the public improvements within the subdivision. As a result, City will be damaged to the extent of the cost of installation of the improvements by Subdivider's failure to perform its obligations under this Agreement, including, but not limited to, Subdivider's obligation to commence construction of the improvements by the time established in this Agreement. City shall be entitled to all remedies available to it pursuant to this Agreement and law in event of a default by Subdivider. It is specifically recognized that the determination of whether a reversion to acreage or rescission of Tract 2525-1 constitutes an adequate remedy for default by the Subdivider shall be within the sole discretion of City. NOW, THEREFORE, pursuant to the provisions contained in the Atascadero Municipal Code, Title 11, Chapter 10, sections 11-10.010 through 11-10.022, and in consideration of the approval by the City Council and the filing of Tract 2525-1, the parties hereto do promise and agree one with the other as follows: Tract 2525-1 Page 5 of 8 30 ITEM NUMBER: DATE: 1. Subdivider is to make and complete all of the improvements for Tract 2525-1 as shown on the Improvement Plans thereof and as required and set forth in Title 11, Chapter 8, Articles 3 and 4, and Chapter 10, of the Atascadero Municipal Code, or as amended. 2. It is further understood and agreed by and between the parties hereto that the improvements as required by the conditions of approval for Tract 2525-1 shall be completed within one year from the Date of Agreement. These improvements include, but are not limited to the following: those shown on the plans accepted by the City Engineer and on included in the Engineer's Estimate on file with the City of Atascadero, 3. The Subdivider promises and agrees to complete all improvement work referred to hereinabove to the satisfaction of the City Engineer. 4. If said improvement work is not completed within one year of the Date of Agreement, the Subdivider agrees that the City may elect to complete the same. 5. In the event the City elects to complete said work or improvement, the Subdivider agrees that the City may exercise it's option to declare the bond or,deposit, as hereinafter described,forfeited and utilize the proceeds, including any interest, to complete said improvements or that the City may complete said improvements and recover full cost and expense thereof including reasonable attorney fees from the Subdivider and his/her surety. 6. The Subdivider shall, prior to submitting the map for filing, file an improvement security with the City, in a form acceptable to the City Attorney, in the amount of the Estimated Total Cost of Improvements, which is the amount deemed sufficient by the City Engineer. In no case shall the improvement security be less than 100% of the Estimated Total Cost of Improvements. Further, the Subdivider shall file a security for labor and materials in the amount of the Estimated Total Cost of Improvements. The security for labor and materials shall be no less than 50% of the Estimated Total Cost of Improvements. Periodic progress payments may be authorized to the Subdivider as the improvements are completed if adequate security remains as determined by the City Engineer, however, no such progress payments shall be made for more than 90% of the value of any work. Progress payments shall only be paid on work that is completed to the satisfaction of the City Engineer. 7. The Subdivider hereby agrees that after the completion and acceptance of the improvements as specified in paragraphs 2 and 3, 10% of the improvement security shall be retained for the guarantee and warranty of the work for a period of one year. 8. It is understood and agreed by and between the parties hereto that this Agreement shall bind the heirs, executors, administrators, successors, and assigns of the respective parties to this agreement. 9. In the event legal action is taken to enforce the provisions of this Agreement, the prevailing party shall be entitled to recover costs to enforce the Agreement, including reasonable attorney fees. Tract 2525-1 Page 6 of 8 31 ITEM NUMBER: DATE: 10. The Subdivider shall, defend, indemnify and save harmless the City, its officers, agents and employees from any and all claims, demands, damages, costs, expenses, or liability occasioned by the performance and attempted performance of the provisions hereof, or in any way arising out of this Agreement, including, but not limited to, inverse condemnation, equitable relief, or any wrongful act or any negligent act or omission to act on the part of the Property Owner or of agents, employees, or independent contractors directly responsible to the Property Owner, providing further that the foregoing shall apply to any wrongful acts, or any actively or passively negligent acts or omissions to act, committed jointly or concurrently by the Applicant, the Property Owner's agents, employees, or independent contractors. Nothing contained in the foregoing indemnity provisions shall be construed to require the Property Owner to indemnify the City against any responsibility or liability in contravention of Section 2782 of the Civil Code. 11. Upon acceptance of the work on behalf of City and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this Agreement shall vest in City. 12. Sale or other disposition of this property will not relieve Subdivider form the obligations set forth herein. Subdivider agrees to notify City in writing at least 30 days in advance of any actual or pending sale or other disposition of the property. If Subdivider sells the property or any portion of the property within the Subdivision to any other person, Subdivider may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, Subdivider may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the Subdivider of the obligations under Paragraph 2 for the work or improvement done by Subdivider. 13. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this section. Notice shall be effective on the date it is delivered in person,or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with City: City: City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 Subdivider: Atascadero Ventures, LLC P.O. Box 4013 San Luis Obispo, CA 93403 Surety: Arch Insurance Company 135 N. Los Robles Ave., Suite 825 Pasadena, CA 91101 14. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. Tract 2525-1 Page 7 of 8 32 ITEM NUMBER: DATE: 15. The Recitals to this Agreement are hereby incorporated into the terms of this Agreement. 16. This Agreement constitutes the entire Agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. In the case of City, the appropriate party shall be the City Manager. IN WITNESS WHEREOF the Property Owner has hereunto set his/her hand and the City has caused these presents to be signed by its duly sworn and authorized officers the day and year first hereinabove written. CITY OF ATASCADERO SUBDIVIDER: By: (notarize signature) Wade G. McKinney City Manager Attest: Marcia M. Torgerson City Clerk Approved as to content: Steven B.'Kahn, P.E. City Engineer Approved as to form: City Attorney Tract 2525-1 Page 8 of 8 33 ITEM NUMBER: B-1 DATE: 1/25/04 Ysis' � Atascadero City Council Staff Report - Community Development Department Appeal 2004-0004 of Tree Removal Permit TRP 2004-0054 (4110 Traffic Way: Fkiaras) RECOMMENDATION: Council uphold the Planning Commission decision approving tree removal permit 2004- 0054, a request to remove eight native oak trees with the revised Separado Avenue site plan that results in saving tree # 21, subject to the guidelines and mitigation requirements of the Atascadero Native Tree Ordinance by adopting Draft Resolution A. REPORT-IN-BRIEF: At the September 28, 2004 City Council meeting, Council directed staff to review impacts to native trees for an alternative project with access from Traffic Way and to consider an exception for the drivewayslope. Access from Traffic Way would require the removal of 13 native oak trees totaling 423 diameters at breast height (dbh) with- significant construction impacts to 6 additional trees, totaling 19 native trees at 585 dbh. The Planning Commission's. August 17, 2004 approval required the removal of`seven (7) Live Oak trees, totaling 144 dbh. Staff recommends approval of a revised tree removal plan (off Separado Avenue) that would avoid a large 53 inch oak along Separado Avenue. A driveway slope exception cannot supersede the Fire Code which prohibits access driveways from exceeding 20%slope. DISCUSSION: Background On September 28, 2004, City Council voted 4-1 to refer ;the appealed tree removal permit application (APL 2004-004) back to staff for further analysis, including impacts of tree removal with access taken from Traffic Way and to consider a variance to allow the driveway to exceed the maximum 20% slope. 34 ITEM NUMBER: B-1 DATE: 1/25/04 Proiect History The site of the tree removal application is 4110 Traffic Way, which is Lot 32, that was created as part of General Plan Amendment 98002. The General Plan amendment included a zone change, PD-15 overlay, and tentative tract map and was approved by the City Council on November 9,-1999. The tentative map was designed to allow all of the lots southeast of Orillas Way to take access from Traffic Way. Furthermore, the project was conditioned to require shared driveways on Traffic Way to minimize driveways on Traffic Way. The tentative map was conditioned to submit road improvement plans and slope easements for Seperado Avenue, however, the improvement of, Seperado was not required. Although the subdivision tract was designed to allow each lot access to Traffic Way, there was no condition or access restrictions on the map that prevent access to Seperado. p Orillas Way , A Lot 32 x ih 4110 Traffic Way t, ,ISI 1999 PD-15 Map At the time of the project approval in 1999, the City did not require master plans of developments to be submitted showing;building foot prints, driveways, grading or tree impacts. Consequently, no plans were ever prepared for the lot to demonstrate the impacts or feasibility of taking access from Traffic Way. The adopted master plan of development for this portion of PD-15 is basically the tract map with no specific development requirements for this site (see following page). Since 1999, the City has 35 ITEM NUMBER: B - 1 DATE: 1/25/04 significantly revised its planned development. Master plan information that would be required today includes house foot print, driveways, proposed grading, lot slope calculations and locations of all native trees. 1999 PD-15 Map Master Plan of Development X 7 �'• - ---- ------rt- --- - - i X 1 � 4.. moi' � -u .•. ',,,.� r.,,.-.-..r Imo, ' ��� � � • I�.tl wia q - • r Q-Y. - I x VICINRY WP ••"` ENGINEER'S CERTIFICATE LEGAL DESCRIPTION OWNER/APPUCAW CERTIFICATE �_ Ip11y. 1 Alt.10•M4Ml O M OMF}.d R.L .Al.YA1MlWWW..F.IbFKA M•Y�M�IImp� wR��AM •��y��IPIWiOMbEI•��wf- 'Ipt•F 016t YFAI.AD F M M F n I�• �iOimFR F-Fi PIMA W i.NO WL<AAFb-••SIC-t s�i..ra.'Fa�-f 1 aw-I• ^'[FR s�iY@Y i0��m ACOr Lot 32 11-....�I .• i weri►r. +" 4110 Traffic Way p •. 1".y� Ji!au.. Traffic Way Access t I Flag 26%slope ,{ rip etre S'W SW JK I Lot 32 t � Approved Master Plan of Development a`u No house foot print shown No driveway shown -- --' No lot slope calculated No grading shown No trees shown j r... Seperado l� Avenue t 36 ITEM NUMBER: B- 1 DATE: 1/25/04 Analysis Traffic Way Access Alternative The applicant's engineer has provided a preliminary site, grading, and tree protection plan alternative with access from Traffic Way. The plan incorporates retaining walls ranging between 3 to 4 feet along the driveway with a.maximum 20% slope (Attachment 1). The retaining walls adjacent to the house range between 8 to 10 feet in height (Attachment 1). A total of nineteen (1 9) native oak trees are expected to be removed with the access taken from Traffic Way totaling 585 dbh (see table below). The curved driveway and retaining walls are designed to reduce impacts to the native trees; however, based on the arborist report tree #1 (60 in Valley Oak), tree #7 (33 in. Live Oak), and tree #18 (55 in. Live Oak), are considered removals at 50% impact. In addition, tree #2 (46 in. Live Oak), tree #13 (88 in. Live Oak), and tree #22 (28 in. Live Oak) are also unlikely to survive onsite grading and excavation impacts attributed to the driveway, residence, and fire truck turnaround area (Attachment 2). 7TREEINCHES TYPE CONDITION IMPACT 60 VALLEY OAK POOR 2 46 LIVE OAK POOR 7 33 LIVE OAK POOR 8 33 LIVE OAK POOR 100% 13 88 LIVE OAK POOR 14 9 LIVE OAK POOR 100% 15 5 LIVE OAK VERY POOR 100% 16 7 LIVE OAK VERY POOR 100% 17 16 LIVE OAK POOR 100% 18 55 LIVE OAK FAIR+ AM- 19 31 LIVE OAK FAIR 100% 21 53 LIVE OAK FAIR 100% 22 28 LIVE OAK VERY POOR 23 23 LIVE OAK FAIR - 100% 25 17 VALLEY OAK POOR 50% 26 9 LIVE OAK POOR 100% 27 27 LIVE OAK POOR 100% 28 6 LIVE OAK FAIR+ 100% 31 39 LIVE OAK FAIR 100% TOTAL=585" 37 ITEM NUMBER: B - 1 DATE: 1/25/04 Grading Estimated grading quantities for the driveway include 2,200 cubic yards of cut and 250 cubic yards of fill (Attachment 3). The cost estimate for the additional improvements, including erosion control, retaining walls, site clearance, sewer improvement, and miscellaneous, illustrates a projected additional cost of $184,478.40 (Attachment 3). Slope Easement ml4 An additional issue associated with the =- � Traffic Way Alternative is Traffic a conflict with a slope ree Removals easement along x# - ' '3 10 feet th Driveway slope Separado Avenue. Ining order to meet grading GradY and turn-aroundSlope requirements for the . , *h , access driveway, the proposed house and I<< associated retaining 1 A walls are located within r . the slope easement that parallels Separado } Avenue to allow for future road widening. Therefore, the plan M would need to be further ° modified to avoid the 4Fy slope easement, likely resulting in additional grading. � :« r � 1 i. a Y -tY s� Rv6 j 4 hafftc Way Alternative Plan a c z � •. �� 1, i k m., Y Y '. s Significantly impacted trees /likely removals Slope Easement "WOW 38 ITEM NUMBER: B - 1 DATE: 1/25/04 Slope Exception The Fire Department reviews all site plans that require grading on slopes 10% or greater. According to Section 902.2.2.6 of the adopted Fire Code (Title 4): The gradient for a fire apparatus access road shall not exceed twenty percent (20%) at any point along its length. Based on the requirements of the Fire Code, a driveway slope is prohibited on slopes greater than 20%. There is no exception process available for driveway slope. Revised Tree Protection Plan (Separado Ave) The applicant has also prepared a revised Separado alternative plan that provides a new alternative to onsite tree removal The plan would require eight (8) native tree removals, totaling 178 dbh, and requires significantly less grading and disturbance to the natural hillside topography. The plan calls for the protection of Tree #21, a 53 inch Live Oak, which provides additional screening from Separado Avenue (Attachment 2 and Exhibit B). no x Stem Wall Foundation - %W', s«niwara�wnpa Existing Grade 39 ITEM NUMBER: B- 1 DATE: 1/25/04 v AWA 0uIyy�.. 1 i e * +„* Access ImTree Removals 'Driveway length 4C feet "Driveway slope} a ;Grading IIslope Easement :a I Area of no 00000 grading or site impacts a z t i � Lss Slope Easement Cgy 0000. '3S Revised Separado Alternative Plan 40 ITEM NUMBER: B- 1 DATE: 1/25/04 Conclusion Based on a comparative analysis of the two alternatives, it appears that the required findings of the Atascadero Native Tree Ordinance cannot be made for Traffic Way alternative. The intent of the Tree Ordinance is to minimize the number of tree removals and impacts related to a development project. In this case, the alternative with access from Separado Avenue has significantly fewer native tree impacts. Comparison of Alternatives Traffic Way Access Se arado Access Tree Removals 19 trees 8 trees Driveway length 310 feet 40 feet Driveway sloe 20% <5% Grading 2,450 cubic yards < 100 cubic yards Slope Easement Conflict/ redesign required Consistent Required Findings: Pursuant to the Tree Ordinance (Ordinance No. 214), "decisions on native tree removals of 24-inch dbh-size or larger shall be made by the Planning Commission." In considering any tree removal request, at least one of the required findings must be made. Staff has identified finding #5 as appropriate for the application request. 5). The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: • Early consultation with the City; • Consideration of practical design alternatives; • Provision of cost comparisons (from applicant) for practical design alternatives: • If saving the tree eliminates all reasonable uses of the property; or • If saving the tree requires the removal of more desirable trees. 41 ITEM NUMBER: B- 1 DATE: 1/25/04 ALTERNATIVES: 1. The City Council may approve the original tree removal permit as approved by the Planning Commission with revised site plan as recommended by staff. 2. The City Council may continue the hearing and direct staff to revise the Traffic Way access alternative with removing the house off of the Separado Avenue slope easement (The CC must make findings consistent with the native tree ordinance, including finding #5). 3. Deny the tree removal permit. The Council should specify the reasons for denial of the project and make an associated finding with such action. FISCAL IMPACT: None. ATTACHMENTS: Attachment 1: Preliminary Site, Grading, and Drainage Plan Attachment 2: Arborist Report Attachment 3: Cost Estimate Attachment 4: Draft Resolution A 42 ITEM NUMBER: B - 1 DATE: 1/25/04 Attachment 1:Traffic Way Access Alternative Preliminary Site,Grading,and Drainage Pian Tree Removal-TRP 20040054 z� a r� 4 � 1 k y x' } { i �r sem" VIEW ns e R � k tip � w y A 7 In " 4 43 ITEM NUMBER: B-1 DATE: 1/25/04 Attachment 2:Arborist Report Tree Removal-TRP 2004-0054 P.O.Box 131-1,Templeton;Chliforriia X34(5 12-22-Q4 Mr:-and Mrs Fkiaras 411 O Traffic Way, Atascadero,CA This:treeprotectionplanis3nz ardstoellaeflag4otbctweeriTr1c:Way:andSepexaeio Avenue in Atascadero,CA Thepurpose.ofttais rapork is iocozars:the riurnber of removals and impacts.by develop ngihis prof ',fromxhe'1'r fie Way side or-.the Seperarlo"de.;11 arborists ioo}ed-at this sits only vs�t}i;respect to:the r►ati ve tree: impacts and.rernovals.an l did not.considar any of tthe social-ar political ramif canons this lot des�elopment has brought about. lnclu6 �uitltktbx re rt,am,the,preliminaty`;' Sxte. plans.for iho.driveway otT of T�ra#'ic W ay.arida supplemontgll Pte.for an adrtvewaytl of Seperado.Aenue :lt shouldbetao#ed tlata sever le.was.installett from; opezada:.. down•to.Traffic"Way'ittthepast. baipactstothe:roots:are;vt" own: However` improper 3inxb prdning in this.area;has:led' severt&lcavittes'n trees aion�the..-sewer 3irte route.' Utilities are stubbed ofl near free.#4 ancd the impacts of that.trenching are also an unknown. Thirteen native oaks;v.ll have to:bc removed-fosthe: xa#1ic Way pla6with.a total diameter•of275 inches. There is.ahighposobditythattrees#l.,#2,#7,#13,#18,and #22 will na#:suruiye.either. Tree i#1",has hadit?%o af#}ie roota.prunedfrom. ze°home to thenorth-and°tray-notsurvive.any:h6m mpacts. xree42°hasp st.0 lrty:trendhi gaud may xotsurvive the additional,grading. Tree#7,most likely wtll:notsurvxve,tixe 0°�°;roo# reduction for t1►c retaining wall. Tree#.13 will:be l avilyinczpact byA cU meed for the'fire:departmenitum around and-may not survive. .Tree; 18 wall aisole hcvily,, trnpactelby the#tll and theretairing wall trettcliiiag Txee:tl22 xs xtlreadyix poor co"tionand by?c�nstructing.avrotaintttg wall B eet from sA, rnn ped to-Ats deoltne Although tinttguons ale mcltxded on the.spreadslieexfor theme trete;their sura*tvaTrs7u$hiyuslsect, A tt�tal<oi 1��ees,wxliNbe xrnpacted bykt�saplrrttacf� includesthosetltatmaurvit!e) The ntetaseamountolnutarxd:fill.{regtiixedfiix°the TraTSo ay n3,ianca)will draslicaily.cha tige.the soil proles�►nd clxoinagepatterns aroun�'thetrees onfhYssite. Included are the;plans for a possible approach from!Seperado:Avenue, Tlie nuxnbcrof trees required for removal.would be eight.with a total of 178 diameter inches. The number of impacted trees is three with,approxinaatIy 1 S°/n drip line impact to aach one_. The garage should be kept a mi.nimum:of20:fe6t.awayFrom tree#1.8. As statad previously,th4s Vie,rs rthehcst-specimen:on siteand all attesripts�stmd benade, a minimize all impacts. Tree.#2l wll:require.one large 1imb tobe remz+ved,Etat clearance which equals 25%o4fthe:banopy. Developing the lo#in flus-manner w ll drastically 44 ITEM NUMBER: B-1 DATE: 1/25/04 Attachment 2:Arborist Report Continued Tree Removal-TRP 2004-0054 2 reduce the number of removals-and extensive impacts requiredby the Traffic.Way .approach in.addition to preserving trees that will screen the home fr m the Seperado Avenue side. It is the responsibilityof the owner to provide a co py of this tree protection plan to any, and alf coutractors and~substhat work within the drip line of any native tree. Itis.highly reconunended thateach contract6r sign and acknowledge this,tree protection plexi; All trees potentially impacted by this project(Traffic Way approach)am numbered and identified on both the grading plan and the spreadsheet. Trees,are:numbered on"the. grading-plans,and in the field with an aluminum tag. Tree proteettoti fencing Is shot on the-grading plan.In the field trees to be saved"?haveyellow,tape and trees'tm: OO xerrxoved have red tape. Tree Rating'Systetn q rating:systemof`l-1.O,was used forvisually establishing the overall coriditian of each trec on iha=spreadsheet. The rating system is.definedas follows; Rnondttion d Deceased l Evidence of massive past failures,extreme disease and is in.severe decline. 2 Maybe saved with attention.to;class 4;priming;insect/ * eradication and future monitoring, Some pgafairs,some pests-.or,structuri}ldefb�maybe mitigated by,class IV. 4Mayhave had<minor pastfailurea;excessive deadwood or:iiixior structural,defects that can be riii#gated-,with pnutuig, Relatively healthy tree with little visual structural-sut!or ' defects. Healthytree thatprobably.can be left in its natural state. 7-9Hava-had proper arbo aciiltural pruning and attention or=have,no app arentstructural,-d€feets. 10 bpeciinentneemithperfect:shape;•structure„and,foliage ina protected-setting.(Le.park,.arborctism). Therfollowing-mitigation nieasureslmethods must be fully understood,and`frsllowed by anyone working within the drip line of any native,tree. Any,necessary clarification will be provided by us(the arborists)upon request. 1. F'endrig, The proposed fencing shall be-shown-in orange,ink,on.the;grading plan. IfnIUSt be a minimum of 4-high chain:link,snow or safety fencestaked ,rihe:edge; 45 ITEM NUMBER: B-1 DATE: 1/25/04 Attachment 2:Arborist Report Continued Tree Removal-TRP 2004-0054 3 ofrhedriA,inemrli ea�fericroacb hent>fore h.tre - argxaupoftrees ence<shalCbe; up before any coristrctetion"or Barth rnoving lasgins `I'he owner§h- be res#s"anAf -sir matntaimng act erect;fenee ughanfi.the:constsricr onperiod. The, On hottficat on,wi#I-inspect`the fence placerite tt once:it ia-erected Aer this tune,fending shad tru#1te rnavedtlaciut arborist tpeet3on/appral TFhe dire Ing, used,�a:cdtn��tum=off"oti�:�ip�ies shall bc:irse�pri.sach at�ckexo sei�tt�f�zace X11; ` -efforts shall bemndeto.rnaxirnizeae distatce"�m eas�vedtree,-� ' 2. Soii. ►eratien`NJethails: Satls:vc�thut.tte drep,iite that#teve Beit csnckeai - b , eary-equipment-anchor �axtstructtcat ac#vtties. ufiaeatumea trtheut �1¢ tate be are ill work is'.�mplted :IvTethods artcdude watiWr�etttng;�adc oceanic shed` borsng smati holes with arranger(_1"8"deep;2 3'apartwsth4' t3 ) ijatl . app lieation',o moderateamcyunta-of uitragonfertiliser, Tb arbat t skc Ladi"ise, 3 G"hrp tilulch tSll;areas<Vmffin the drip,line of'the-trees`that dafihofbd-.f=enced. shall xec the ©fchip ;ulcb tp taromoisture,,.soil..structure=and.ceduce the VActs<n loll ecii zplotion.-A. Tres �V t�h r p Ltne, All tag. rzflnn the�5 lame a tine trees�l behrtnd d�ctg sued or bated{fir utilitiesllnalnr roots shall ba=at�atled when8c�er possiliie. .All3exposetlaoots la Kthan;l"tn 3i irie�r sh l be eiean cutt itia. sharp:pruning tools and not 1eft ragged a it#at^y.meeting-between the: bort�ts and . gradl0 #contractdr(a)'musttoi ptacC prior:to woriC start, , firitadzog'r3ing"5iiin benuldnoroaehvian t3tiinp line:util s authorized :Gradeg�shptdcl not dts pt t wrmal:drai ge patte warotzo dte trrees.• ihoul }not create;a portliri g.cozdttian olid:ezcavatiortshould.notleave-the tree;on apidlyraittingnvttatl.' 6 T3xgoseddts: Ariy expccscd rovts.shall.be.reoverei3he sate dayxhey were e�cposed Ifthe3�canna,they.miist be coereil�gith.burlap or aitothet sitlrle �matedial;and.ti�ctted da^ivn°2xper day:vntil�exbuTiec. � '' 7 Pavtng` itlttn the D�}p,�tne Perv�oisur#actrcgus,pr�fettl waflna� Ydrep lineofan�°aatxve�tree If�+avers ar�r.�e�u�`�,���`a�saa�u�rsed tl�� radg , •plans fivers:tntts�btztYerizsaz#g�ntlta�iimutnOcn,o���utaxpa�eSa�� edwt#�. pea gravel l abrrhaliie permeable e°a slrpetevevattay prtrbibit the engineerz#gf paysrs far==thss priect $ 9u#prnenY Upertroni chicles and all hea'd'y equpptnntsli ztot be driven utiderthetrees,astthss will.,r<o�n#ribue.to sail xompaction. ls'ohere�s.to,le°no parkiag d-equipment or�persorial veliicles.in these areas. All.areas.l eliind fe icing,are Of limits unless,pre-approved hy:the arborist. ` 46 ITEM NUMBER: B-1 DATE: 1/25/04 Attachment 2:Arborist Report Continued Tree Removal-TRP 2004-0054 aINA ; 4 . Existing Surfaces: The existing;ground surface within the drip.liue of all oak trees shall not be cut,filled,compacted or pared,unless shown on the grading plans and approved-by-the arborist. 10. Construction Materials And'Waste: No liquid or.sclid construction waste shall badumped ground within the drip line of.any native.trec. The dA Qi arrear are not for storage of materials.either. It. Arborist Monitoring: An arborist shalt be prosentfor:.selected.actiyities (trees identified:on spreadsheet acid-items btdleted'belo�r+}.-the monitoring does riot: necessarily have to be continuousbutobservationd at tunes during these:activitics.;Itis the resporisib3l ity:of the ownar(s)or their designee'to infciTm us prior to.these events so we.can make arrangements to be present. • pre-construction fence placement' * any.utilitytrenching within anyttrip line • All grading,and:trenching near trees requiring raofiai onng ori'the.spreasheet 12. Pre-Construction Meeting. An on-site pre-constructiora;rnii t64g.-witltidw Arborist(s),Owner(s),Planning Staft and the earth osrin am.sl alI lto requar 4-for this project. Prior tofinaloccupancy,aletterfromlhe ortsst(s)=nurybeYr�quneii ver4ing,the health/condition ofail impactetl:trecs and ps Viding any recommendationIs. for:any additional:.mitigation:•'The letter.sballmveii ytluit lac aiboxis#(s)wereon;s ie ar.- alI grading and/or trencbi#g,gefVity that eincroacl dd inttt:tho.,Ott _lim of�e 1 -na#ive trees,and that all Mork done-in these.areas was ctrmpletedtostlie stari'dards:set_farth above, 13 Pr-ttnitrg:;ClassIpruning-includes-deadwood removal along with<selective thinning-to:les�on wind resistance. Glass 4;prunntgincludes Crownreductgn5prunn shad consi t o rezinption of tops,�side&or�indivldual hrnbs. A rc ed arbori tsh l perform all pruning. No.pruning:shall talo'=ore;tltnlu of 1'tuo ertmt ofa native tree Any'trecs that may need,pruni g,', r ro !#�orne earance shall;be praued prior to any gruad tg tivities!a avoid;any branch:teanng :'<As;some esliave been darmaged;and/orimproperly-pruned during.the recent grading,event,.they:Must be re pruned-by o,trained arborist: 14. Landscape: All laW=ape.underthe drip-line shall be sirought:tolerant:or.nadve varieties. Lawns shall be avoided. All irrigation trenching sbali:be routedaround drip lines;otherwise above ground drip-irrigation shall be used. It is the owner's' responsibility to notify the landscape contractor regarding this mitigation. X15. Utlllty Placement: All,utilities shall be placed down the-road/dri, way and when possible outside of the drip lines. The arborist shall-supervise trenching within the 47 ITEM NUMBER: B-1 DATE: 1/25/04 Attachment 2:Arborist Report Continued . Tree Removal TRP 2004-0054 - 5 drip line. All trenches.iu tbese,.arem shaltbe exposed by air spade or han&dug°*v'rth utilities,routed underlover'the roots: The included spreadsheet includes trees listed by nuanber,species and multiple stems if applicable,.diameter and breastheigbt-(4..$),condition(saale.frompaorto excellent), status(avoided,impacted,removed,.exempt);,percent of dxap-line impacted;mitigation required(fending,.coat pruning,monitoring),eonstruction.impact(trenching,grading), recommended pruning and individual tree notes. If all the above mitigation.tneasures are.ftiil6wed,we feel there will be no additional 1049-term siignif cant irnpaets°ta#lte remaining native trees with the exception of the heavily impacted,trees identified previously: Please.let us know if we can be of future.assistance to you for this-project Steven G..Alvarez' Certified.A Cborist#WC 0511 Chip Tam4gru Certified At t#W643&A r 48 ITEM NUMBER: B-1 DATE: 1/25/04 Attachment 2:Arborist Report Continued Tree Removal-TRP 2004-0054 xw { gow $t ♦ k t 5 N (0 �L ML C'CL r-i19 4l9 .F IS 4 Q} �p t SJ .{L:' > .a .? ,SCS S7^ U' e ,> c < ,j- , ' p b —5b.LIL t!I ,� qp "jc9 J . a a o a 04 '.� ;(D. O I t 4 tri 2� � C7 „ , .. M,'N IilIN 'CO N w Sj LLI1,�� 49 ITEM NUMBER: B-1 DATE: 1/25/04 Attachment 2:Arborist Report Continued Tree Removal-TRP 2004-0054 d t� {� Y. LL •or Vl: LU z .o xi.: n ci tL CI: W,=fn u Ac LL Uwj COx N u7 in CL tog LLJ C +� -'e'9 N M 0: N W� 04N iV 't+5: � 4 "p 1 LU # �N P"A 50 ITEM NUMBER: B-1 DATE: 1/25/04 Attachment 2:Arborist Report Continued Tree Removal-TRP 20040054 ps W �- �idp. Uj oUj EL :o LU W 0.7 d Ct IL 5 F d LL W a ILI O z O uJ, OD iw :a� c� .,w cnlu „ a cr >ra -Uj �.. - °.r 4 �� G Eg � tY W W g W X �A o W G <Uf N04 r a— 6y r N MLu X 6 ." 'W 51 ITEM NUMBER: B-1 DATE: 1/25/04 Attachment 3:Cost Estimate Tree Removal-TRP 2004-0054 ENGINEER'S OPINIONOF PROBABLE COST Owner. Fkiaras Project:Traffic Way Access Grading Plan SITE PREPiMPROVEMENTS ONLY Date: 1112612004 No. Item Description Quantty Units Unit Cost Item Total Totals City Required Improvements 1-Mobilization ILS $1,200.00 $i.200:00 Mobilization Total $14200:0(} i Slid Clear and'Grubb vegetation.removal 0.5 Acres $2;000.00 :$1;000.00 tree trunk removal 8 Ea $50.0.00 $4,000.00 hauling&disposal fees t LS $2;500:00 $2,500:00 Site Clear&Grubb Total $7,500.0() Ji Earthwork out 2,200 CY $4.00 $8.800.00 fill 250 CY $6:00 $1,500.00 exptrrtexcess cut material 1950 CY $12.00 $23.400:00 finish grading 300 CY 58:00 $2,400100 erosion control 4000 SF $0.20 $800.00 Earthwork Total $36,900;00 4 D/WSurface Improvements undo urxlerwalkdrairi 1 1=A $1,650.00 $16x000 overside drain 1 EA $750.00 $750:00 Concrete Pavers I Fabnc't Bedding 1980 SF $4:00 $7.920.00 2.0"-AC i 6,0"CI 2 AB' 2,935 SF $1;.90 $4;696:00 street paving repair:at utility connections 150 SF $4;()0 $600:00 concretev-swale.gutter 100 LF $10.00 $1,00000 Road,Surface Imp,Total $16,616:00 5 Drainage and Erosion Control sedimentation barriers and maintanace 1 LS $500.00 $500:00 SD 16101 2 EA $600.00 $1,200:1 6-inch HDPE Storm Drain 70 LF $20.00 $1,400.00 Drainage and EC'Total $3.100:00 6'Water Systemimprovements 1:0-inch domestic seNice lateral 1 EA $600.00' 5600:00 't:0 inch water pipe to house 325 LF $12.00 53 900:00 Water Total $4,500:00 7 Sewer System.improvements 4-inch sewer lateral 325 LF $16:00 $5;200.00 ire-in toexistinn:sewer 1 EA $500:00 $500:00 raise.sewer manhole cover 1 EA $500.00 $500.00 Sewer Total $5,200:00 8 Utility Improvements Electric joint trench&conduits 325 LF $9,00 $2,925:00 Gas 325 LF $6:00 $1,950:00 .Site Utitities Total $4,875:00 Engr.Opinion of Probable Cost.-TRACT:2469. 52 ITEM NUMBER: B- 1 DATE: 1/25/04 Attachment 3:Cost Estimate Continued Tree Removal-TRP 20040054 o ttam`Clascription Quanity Units unit cast Itom Total Totals g_Aeta nthrewalls increased building Gnat Ct:'Skory garage) 575 'SF325fl0 414;37546 cont&btoCkYHtalning�tit811 2470 SF 511.110 527.174,00 z ncrete''fooUn9 `: 110 CY $200M 322,000A0 .drainage traokNll 200 CY '.650:40 311,000:00 �ftwtirg "valion 110 CY 318.00 $1.;980.00 tetalnl0g Wall'Totpl $75i525= `, 90 Nllsisel3snanus 8e7rveyfig.l Const..Layout 1 ': LS $2.004.00 $2,000.00 ,> InspedlonlTesting 1 LS r.42.9Q00T3 42000Mo Misdoiianaous Total ,a. $4 0pp,00 SIJB,TOTAL 160 41 DM 121B°k_CnM3ngency 15°:° $24,06240 , {3RANR TOTAL 4184,47810 al z FiUSa" LL S " � TWOh9p!SCti+l � Nix C 4308 7C=, �XP'3i31.06 CiF OAL� 4 �prr°QpfnianofPm4atda:L'nsl�'tRRCI'1A89. 53 ITEM NUMBER: B 1 DATE: 1/25/04 Attachment 4: Resolution A Tree Removal-TRP 2004-0054 DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING TREE REMOVAL PERMIT 2004-0054 TO ALLOW THE REMOVAL OF EIGHT NATIVE OAK TREES LOCATED AT 4110 TRAFFIC WAY. (Fkiaras) WHEREAS, an application for a Tree Removal Permit has been received from,Marilyn Fkiaras, (5304 Elmhurst Street, Ventura, CA 93003), Applicant and Property Owner, to consider a request to remove eight native trees located at 4110 Traffic Way; and, WHEREAS, the proposed project is located within the Single Family Residential -X land use designation of the City of Atascadero's General Plan Land Use Diagram; and, WHEREAS, the proposed project is located in the Residential Single Family-X (RESF X) zoning district; and, • WHEREAS; the Planning Commission reviewed and approved the proposed Tree Removal application on August 17, 2004 after considering testimony and reports from staff, the applicant, and the public; and, WHEREAS; an appeal of the Planning Commission's decision was received from Commissioner Beraud; and, WHEREAS; the City Council heard the appeal of the proposed Tree Removal application on January 25, 2005 and considered testimony and reports from staff, the applicants, and the public; and, NOW, THEREFORE, the City Council of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of Tree Removal Permit. The City Council finds as follows: The trees are obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: • Early consultation with the City; is • Consideration of practical design alternatives; 54 ITEM NUMBER: B -1 DATE: 1/25/04 • Provision of cost comparisons (from applicant) for practical design alternatives; • If saving tree eliminates all reasonable uses of the property; or • If saving the tree requires the removal of more desirable trees; and, SECTION 2.Approval. The City Council of the City of Atascadero, in a regular session assembled on January 25, 2005, resolved to approve Tree Removal Permit 2004-0054 subject to the following Conditions and Exhibits: Exhibit A: Conditions of Approval Exhibit B: Tree Protection Plan 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: Wendy Scalise,Mayor ATTEST: Marcia McClure Torgerson, City Clerk APPROVED AS TO FORM: Patrick L. Enright, City Attorney 55 ITEM NUMBER: B- 1 DATE: 1/25/04 Exhibit A:Conditions of Approval Tree Removal-TRP 2004-0054 Conditions of Approval Timing Responsibility Mitigation TRP 2004-0054 /Monitoring Measure PR Norte Removal PS:Planning services BL Business License BS:Building services BP:Building Permit FD:Fire Depadnem TO:Temporary Occupancy PD:Police Depadment FO:Final Occupancy CE:City Engineer WW:Wastewater CA City Attomey Planning Services 1. The applicant shall pay$1,658.33 into the tree fund as PR PS mitigation for the tree removal or plant 33 5-gallon Live Oak trees,or 15-gallon equivalent. 2. Replacement trees shall be monitored for a 1-year FO PS period and maintained as specified by a certified arborist to insure the trees become established. Evergreen Native Trees(inches) Deciduous Native Trees(inches) Totals dbh notes dbh notes 1 39-inches 1 21-inches 2 23-inches 2 3 9-inches 3 4 27-inches 4 5 6-inches 5 6 14-inches 7 39-inches Total 157-inches Total 21-inches 178-inches Mitigation Requirement req'd tree replacements: 26 five gal trees req'd tree replacements: 7 five gal trees 33 five gal trees Tree Fund Tree Fund $ Payment: $ 1,308.33 Payment: 350.00 $ 1,658.33 56 ITEM NUMBER: B - 1 DATE: 1/25/04 F xhibit B:Tree Protection Plan-Separado access ree Removal-TRP 2004-0054 A A km p x � .. 00 4!81aas u. J s 57 ITEM NUMBER: C- 1 DATE: 1/25104 cm n 79 o/ Atascadero City Council Staff Report - Police Department Interim Urgency Ordinance Establishing A Moratorium on Medical Marijuana Dispensaries RECOMMENDATION: Council adopt the draft interim urgency ;ordinance (Attachment A) establishing a moratorium on medical marijuana dispensaries. DISCUSSION: Background: In November 1996, California voters passed the Compassionate Use Act of 1996 (the Act) which protects patients, their primary caregivers, and physicians who prescribe marijuana for medical treatment, from criminal prosecution or sanction. In 2003, the State legislature adopted Senate Bill 420 (S.B. 420) to clarify the scope and application of the Act and provide needed guidance to law enforcement officers. Neither the Act nor S.B. 420 specifically addresses medical marijuana dispensaries; however, the findings made by the legislature when approving S.B._'420 include a statement that the legislation is intended to "enhance the access ofpatients and caregivers to medical marijuana through collective, cooperative cultivation projects." Itis asserted by those seeking to operate medical marijuana dispensaries that this language authorizes such facilities. S.B. 420 directs the State Department of Health Services to establish and maintain a voluntary program for the issuance of identification cards to qualified patients_who satisfy the requirements set forth in the statute and apply to the identification card program. County health departments are directed to administer the programs locally. The State Department of Health Services has not yet established such a program; similarly, the County of San Luis Obispo has not done so. Federal law also addresses this issue. The Federal Controlled-Substances Act (21 USC 801 et seq.) prohibits the possession, cultivation, and dispensing of marijuana, regardless of its purpose. There exists a conflict between California and Federal law regarding medical marijuana, and for this reason some cities in California have banned medical marijuana dispensaries, or have adopted moratoria prohibiting medical marijuana dispensaries until the law is settled. 58 ITEM NUMBER: C- 1 DATE: 1/25/04 Analysis: Currently pending before the United States Supreme Court is a California case entitled Ashcroft v. Raich, that should decide whether or not Federal law takes precedence over California state law regarding medical marijuana, and whether or not medical marijuana users and distributors in California are violating Federal law. Should the Supreme Court rule that the State medical marijuana laws violate Federal law, then California's medical marijuana laws would likely be ruled invalid and much of this discussion would become moot. On the other hand, should the Supreme Court rule that the State law on this subject is not in conflict with Federal law, then this concern would be alleviated and California and other jurisdictions could address the issues from a policy standpoint without violating Federal law. Either way, the Supreme Court is poised to provide key direction to California cities and counties regarding this issue. However, a decision will likely not be rendered by the U.S. Supreme Court until June 2005. Existing City zoning, and health and safety laws do not provide for the location and/or regulation of medical marijuana dispensaries and such uses might be permissible without oversight in any zone that allows retail uses, drug stores, or medical uses. Since there are no current City laws specifically dealing with medical marijuana dispensaries, if medical marijuana dispensaries were allowed to be established without appropriate regulation, such uses might be established in areas that would conflict with the policies of the General Plan, be inconsistent with surrounding uses, and/or be detrimental to the public health, safety and welfare; and if such uses were allowed to proceed as permitted under the current zoning, such uses could conflict with, and defeat the purpose of, adoption of new regulations regarding medical marijuana dispensaries. Further, the cities of San Luis Obispo, Grover Beach and Arroyo Grande have recently adopted urgency ordinances placing a moratorium on medical marijuana dispensaries. Other cities are considering adopting similar ordinances. As more local cities regulate or ban medical marijuana dispensaries, it is increasingly likely that medical marijuana dispensaries may seek to locate in Atascadero. Government Code Section 65858 authorizes a city to adopt, as an urgency measure, an interim ordinance prohibiting a use that may be in conflict with a general plan, specific plan, or zoning proposal that a city is considering, without following the procedures otherwise required for the adoption of a zoning ordinance. Such an interim urgency measure requires a 4/5 vote of the city council for adoption. No notice or hearing is required for the initial adoption and the urgency ordinance is effective for a forty-five (45) day period. However, after notice and hearing, a council may extend such an interim urgency ordinance 'for ten (10) months and fifteen (15) days and, subsequently, it may further extend the interim urgency ordinance for an additional one- year period.All extensions require 4/5 vote for adoption. Attached for Council consideration is an interim urgency ordinance imposing a moratorium on medical marijuana dispensaries since there are many unanswered questions regarding this use. This action will give staff and Council an opportunity to consider and study all aspects of this subject prior to imposing regulations, if any are desired. 59 ITEM NUMBER: C-1 DATE: 1/25/04 Staff will continue to monitor the case of Ashcroft v. Raich and report back to the Council as soon as the U.S. Supreme Court issues its decision in this matter. This interim urgency ordinance, if approved by Council, will take effect immediately and continue in effect thereafter for a period of forty five (45) days, unless extended by further Council action. FISCAL IMPACT: There is no fiscal impact. ALTERNATIVES: • Modify and adopt the attached Ordinance; • Do not adopt the attached Ordinance; • Provide direction to Staff. ATTACHMENT: Interim Urgency Ordinance 60 DRAFT ORDINANCE AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA,MAKING FINDINGS AND ESTABLISHING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES ORDAIN AS FOLLOWS: Section 1. Findings A. In 1996, the voters of the State of California approved Proposition 215, which was codified as Health and Safety Code Section 11362.5, et seg. and entitled the Compassionate Use Act of 1996 ("the Act"). B. The intent of Proposition 215 was to enable persons who are in need of medical marijuana for medical purposes to obtain and use it under limited, specified circumstances. C. On January 1, 2004, SB 420 went into effect. SB 420 was enacted by the Legislature to clarify the scope of the Act and to allow cities and counties to adopt and enforce rules and regulations consistent with SB 420 and the Act. D. Neither the Atascadero Municipal Code nor the Atascadero Zoning Ordinance address or regulate in any manner the existence or location of medical marijuana dispensaries. E. After receiving inquiries from persons interested in establishing medical marijuana dispensaries, two other cities in the greater San Luis Obispo county area have adopted ordinances prohibiting or heavily regulating such dispensaries. Because other cities in the region are considering enacting similar ordinances, there is a substantially increased_ likelihood that such establishments will seek to locate in the City of Atascadero, F. Other California cities that have permitted the establishment of medical marijuana dispensaries have witnessed an increase in crime, such as burglaries, robberies, and sales of illegal drugs in the areas immediately surrounding such dispensaries. G. To address both community and statewide concerns regarding the establishment of medical marijuana dispensaries, it is necessary for the City of Atascadero to study the potential impacts such facilities may have on the public health, safety, and welfare. H. If medical marijuana dispensaries were allowed to be established in the City without appropriate regulation, such uses might be established in areas that would conflict with the requirements of the General Plan, be inconsistent with surrounding uses, or be detrimental to the public health, safety and welfare; and if such uses were allowed to proceed as allowed under the current zoning, such uses could conflict with, and defeat the purpose of,the proposal to study and adopt new regulations regarding medical marijuana dispensaries. 1 61 I. Based-on the foregoing, the City Council finds that issuing permits, business licenses, or other applicable entitlements providing for the establishment and/or operation of medical marijuana dispensaries, prior to the completion of the City's study of the potential impact of such facilities, poses a current and immediate threat to the public health, safety, and welfare, and that a temporary moratorium on the issuance of such permits, licenses, and entitlements is thus necessary. J. The Police Chief, in conjunction with the City Manager and City Attorney, shall immediately commence to take steps to conduct a study of the potential impacts of medical marijuana dispensaries on the public health, safety, and welfare and of possible amendments to the City's Zoning Ordinance. Section 2. Imposition of Moratorium A. In accordance with the authority granted the City of Atascadero under Government Code Section 65858, from and after the date of this ordinance, no use permit, variance, building permit, business license or other applicable entitlement for use shall be approved or issued for the establishment or operation of a medical marijuana dispensary for a period of forty-five(45)days. B. For purposes of this ordinance, "medical marijuana dispensary" shall mean any facility or location where a primary caregiver intends to or does make available, sell, transmit, give, or otherwise provide medical marijuana to two or more of the following: a qualified patient, a person with an identification card, or a primary caregiver. For purposes of this ordinance, the terms "primary caregiver," "qualified patient," and "person with an identification card" shall have the same meaning as that set forth in Health and Safety Code Section 11362.5,et seg. C. For purposes of this ordinance, a medical marijuana dispensary shall not include the following uses, as long as the location of such uses is otherwise regulated by applicable law and as long as such use complies strictly with applicable law, including, but not limited to, Health and Safety Code Section 11362.5, et seg.: (1) a clinic, licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code; (2) a health care facility, licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code; (3) a residential care facility for persons with chronic life-threatening illness, licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code; (4) a residential care facility for the elderly, licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code; or (5) a residential hospice or home health agency, licensed pursuant to Chapter 8 of the Health and Safety Code. D. This ordinance is an interim urgency ordinance adopted pursuant to the authority granted to the City of Atascadero by Government Code Section 65858 and is for the immediate preservation of the public health, safety, and welfare. The City Council of the City of Atascadero hereby finds and declares that there is a need to enact an urgency interim ordinance establishing a moratorium on all new medical marijuana dispensaries, based upon the following findings: 2 62 (1) California cities that have permitted the establishment of medical marijuana dispensaries have found that such dispensaries have resulted in negative and harmful secondary effects, such as an increase in crime, including robberies,burglaries, and sales of illegal drugs in the areas immediately surrounding medical marijuana dispensaries. This potential for increased risk of crime and violence presents a clear and immediate danger to the public health, safety and welfare of the residents of the City of Atascadero; and (2) After receiving inquiries from persons interested in establishing medical marijuana dispensaries, three other cities in the greater San Luis Obispo County area have adopted ordinances prohibiting or heavily regulating such dispensaries. Because other cities of the region are considering enacting similar ordinances, there is a substantially increased likelihood that such establishments will seek to locate in the City of Atascadero; and (3) The City of Atascadero does not currently have standards in its Municipal Code relating to the location, operation, and concentration of. medical marijuana dispensaries within the City; and (4) If medical marijuana dispensaries were allowed to be established without appropriate review of location and operational criteria and standards, such uses might be established in areas that would conflict with the requirements of the General Plan,be inconsistent with surrounding uses, or could have potential adverse secondary effects on neighborhoods in the City and be detrimental to the public health, safety and welfare; (5) The failure to adopt this 45-day moratorium, therefore, may result in significant irreversible change in the character of the community and the neighborhood surrounding any marijuana dispensary,that would be allowed to open under the City's current policy; and (6) Permitting a marijuana dispensary to open while the City is studying and considering zoning proposals to regulate and/or prohibit this use would defeat the purpose of studying these impacts in the first place;and (7) As a result of the negative and harmful secondary effects associated with medical marijuana dispensaries and the current and immediate threat such secondary effects pose to the public health, safety, and welfare, it is necessary to establish a temporary, forty-five (45) day moratorium on the establishment and operation of new medical marijuana dispensaries in the City, pending completion of the City's study of the potential impacts of medical marijuana dispensaries and possible amendments to the City's Zoning Ordinance. Section 3. Compliance with California Environmental Quality Act The City Council finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to 3 63 the environment, directly or indirectly; it prevents changes in the environment pending the completion of the contemplated Zoning Ordinance review. Section 4. Severability If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without,the invalid provision or application, and to this end the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. Section 5. Effective Date This ordinance shall become effective immediately upon adoption if adopted by at a least four-fifths vote of the City Council and shall be in effect for forty-five days from the date of adoption unless extended by the City Council as provided for in the Government Code. The foregoing urgency ordinance was approved and adopted at a meeting of the City Council held on January 25, 2005,by the following vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO Marcia McClure Torgerson, C.M.C., City Clerk Wendy Scalise, Mayor APPROVED AS TO FORM: Patrick L. Enright, City Attorney 4 64